I 
Calendar No. 537 
113TH CONGRESS 
2D SESSION 
H. R. 5204 
[Report No. 113–706, Part I] 
To amend the Federal Lands Recreation Enhancement Act to improve recre-
ation opportunities and increase consistency and accountability in the 
collection and expenditure of recreation fees collected on public lands 
and forests, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2014 
Mr. BISHOP of Utah introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
DECEMBER 22, 2014 
Reported from the Committee on Natural Resources 
DECEMBER 22, 2014 
The Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
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A BILL 
To amend the Federal Lands Recreation Enhancement Act 
to improve recreation opportunities and increase consist-
ency and accountability in the collection and expenditure 
of recreation fees collected on public lands and forests, 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Lands Recreation Enhancement Modernization 
Act of 2014’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. References to Federal Lands Recreation Enhancement Act. 
Sec. 3. Definitions. 
Sec. 4. Recreation fee authority. 
Sec. 5. Public participation. 
Sec. 6. Recreation passes. 
Sec. 7. Special account. 
Sec. 8. Expenditures. 
Sec. 9. Reporting requirements. 
Sec. 10. Sunset provision. 
Sec. 11. Volunteers. 
Sec. 12. Enforcement. 
Sec. 13. Repeal of superseded admission and use fees. 
Sec. 14. Relationship to other laws. 
SEC. 2. REFERENCES TO FEDERAL LANDS RECREATION EN-
HANCEMENT ACT. 
Except as otherwise specifically provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a provision, the ref-
erence shall be considered to be made to a provision of 
the Federal Lands Recreation Enhancement Act (title 
VIII of division J of Public Law 108–447; 16 U.S.C. 6801 
et seq.). 
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SEC. 3. DEFINITIONS. 
(a) NEW FEE NAMES.—Paragraphs (1) and (2) of 
section 802 (16 U.S.C. 6801) are amended to read as fol-
lows: 
‘‘(1) DAY USE FEE.—The term ‘day use fee’ 
means the recreation fee authorized by section 
803(f). 
‘‘(2) AMENITY FEE.—The term ‘amenity fee’ 
means the recreation fee authorized by section 
803(g).’’. 
(b) FEDERAL LAND MANAGEMENT AGENCY.—Sec-
tion 802(4) (16 U.S.C. 6801(4)) is amended by inserting 
‘‘or ‘agency’ ’’ before ‘‘means the National’’. 
(c) RECREATION FEE.—Section 802(8) (16 U.S.C. 
6801(8)) is amended by striking ‘‘standard amenity recre-
ation fee, expanded amenity recreation fee’’ and inserting 
‘‘day use fee, amenity fee’’. 
(d) NEW DEFINITIONS.—Section 802 (16 U.S.C. 
6801) is further amended— 
(1) by redesignating paragraphs (10) through 
(13) as paragraphs (11) through (14), respectively; 
(2) by inserting after paragraph (9) the fol-
lowing new paragraph: 
‘‘(10) RECREATION
SERVICE
PROVIDER.—The 
term ‘recreation service provider’ means any entity 
that provides any recreation service on Federal rec-
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reational lands and waters for which the provider 
charges a fee for the service.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(15) UNIT.—The term ‘unit’ means an indi-
vidual unit of the National Park System, National 
Forest System, National Wildlife Refuge System, or 
similar area.’’. 
(e) TECHNICAL CORRECTIONS.—Section 802 (16 
U.S.C. 6801) is further amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘this Act’’ and inserting ‘‘this title’’; 
(2) in paragraph (6), by striking ‘‘section 5’’ 
and inserting ‘‘section 805’’; 
(3) in paragraph (9), by striking ‘‘section 5’’ 
and inserting ‘‘section 805’’; 
(4) in paragraph (13), as redesignated by sub-
section (d)(1), by striking ‘‘section 7’’ and inserting 
‘‘section 807’’; and 
(5) in paragraph (14), as redesignated by sub-
section (d)(1), by striking ‘‘section 3(h)’’ and insert-
ing ‘‘section 803(h)’’. 
SEC. 4. RECREATION FEE AUTHORITY. 
(a) SOLE AUTHORITY.—Section 803(a) (16 U.S.C. 
6802(a)) is amended by inserting ‘‘only’’ after ‘‘waters’’. 
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(b) FEE BASIS.—Section 803(b) (16 U.S.C. 6802(b)) 
is amended by striking paragraphs (5) and (6) and insert-
ing the following new paragraph: 
‘‘(5) The Secretary shall consider access to 
recreation opportunities.’’. 
(c) 
LIMITATIONS.—Section 
803(d) 
(16 
U.S.C. 
6802(d)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘standard amenity recreation 
fee or expanded amenity recreation fee’’ and in-
serting ‘‘day use fee or amenity fee’’; 
(B) by striking subparagraphs (A) through 
(F) and inserting the following new subpara-
graph: 
‘‘(A) For any site, area, or activity, except 
as specifically authorized under this section.’’; 
and 
(C) by redesignating subparagraphs (G) 
through (K) as subparagraphs (B) through (F), 
respectively; and 
(2) in paragraph (3)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘standard amenity recreation 
fee’’ and inserting ‘‘day use fee’’; and 
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(B) in subparagraph (B), by striking ‘‘edu-
cational purposes by schools or bona fide aca-
demic institutions’’ and inserting ‘‘, non-rec-
reational educational purposes by schools or 
bona fide academic institutions when the stu-
dents are pursuing academic credit and the Sec-
retary has provided prior approval for a fee 
waiver’’. 
(d) ENTRANCE FEES.—Section 803(e) (16 U.S.C. 
6802(e)) is amended— 
(1) by redesignating paragraph (2) as para-
graph (4); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) POLICIES.—The Secretary shall— 
‘‘(A) treat a motorcycle or snowmobile, 
when used as transportation to enter a unit, as 
a motor vehicle for the purposes of collecting 
entrance fees and shall charge a consistent per 
vehicle rate; and 
‘‘(B) determine, by agency, a nationally 
consistent 
entrance 
fee 
policy 
and 
cor-
responding rate structure, including a schedule 
for general visitors, commercial and non-
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commercial recreational tours or groups, and 
commercial air tours. 
‘‘(3) TRANSPORTATION SERVICES.—At a unit of 
the National Park System where the Secretary pro-
vides a transportation service, either as a Govern-
ment service or through agreement or contract, the 
Secretary may charge transportation users a trans-
portation fee alone (consistent with section 501 of 
the National Park Omnibus Management Act of 
1998 (16 U.S.C. 5981) and other authorities) or in 
combination with an entrance fee. However, the 
transportation fee or combined transportation and 
entrance fee may not exceed the entrance fee 
charged at other similar units as identified in the 
national entrance fee policy under paragraph 
(2)(B).’’. 
(e) DAY USE FEE.—Subsection (f) of section 803 (16 
U.S.C. 6802) is amended to read as follows: 
‘‘(f) DAY USE FEE.— 
‘‘(1) AUTHORIZED SITES FOR DAY USE FEES.— 
The Secretary may charge a day use fee for Federal 
recreational lands and waters under the jurisdiction 
of the Bureau of Land Management, the Bureau of 
Reclamation, or the Forest Service at the following: 
‘‘(A) A National Conservation Area. 
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‘‘(B) A National Volcanic Monument. 
‘‘(C) A destination visitor or interpretive 
center that provides a broad range of interpre-
tative services, programs and media. 
‘‘(D) Sites of concentrated public use that 
are managed primarily for outdoor recreation 
purposes where there has been a substantial 
Federal investment in facilities and services 
that are necessary to accommodate heavy public 
use, public access to the site is provided in such 
a manner that fees can be effectively collected 
at one or more centralized locations, the site 
has regularly serviced and well maintained toilet 
facilities and contains at least four of the fol-
lowing: 
‘‘(i) Designated developed parking. 
‘‘(ii) Trash collection. 
‘‘(iii) Permanent interpretative mate-
rials. 
‘‘(iv) Picnic tables. 
‘‘(v) Routine presence of agency per-
sonnel. 
‘‘(2) SINGLE
FEE
FOR
MULTIPLE
SITES.—If 
there are two or more sites of concentrated public 
use located within one-half mile of each other, the 
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Secretary may charge a single day use fee for the 
sites and the area between the sites. 
‘‘(3) POLICY.—The Secretary shall determine, 
by agency, a nationally consistent day use fee policy 
and rate structure. 
‘‘(4) INITIAL IMPLEMENTATION.— 
‘‘(A) INITIAL
LIST
OF
FEE
SITES.—No 
later than 180 days after the date of the enact-
ment of the Federal Lands Recreation En-
hancement Modernization Act of 2014, the Sec-
retary shall— 
‘‘(i) publish in the Federal Register 
and on the agency’s website a list of all 
sites for which day use fees are proposed 
to be collected; and 
‘‘(ii) provide a 60-day public comment 
period regarding such list. 
‘‘(B) FINAL LIST OF FEE SITES.—No later 
than 120 days after the close of the public com-
ment period required by subparagraph (A)(ii), 
the Secretary shall publish in the Federal Reg-
ister and on the agency’s website the final list 
of sites for which day use fees are to be col-
lected. 
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‘‘(5) TRANSITION.—The Secretary may con-
tinue to collect fees in effect on the date of the en-
actment of Federal Lands Recreation Enhancement 
Modernization Act of 2014 for a period not to ex-
ceed 180 days from the date the final list of day use 
fee sites is published pursuant to paragraph (4)(B). 
However, the Secretary may not increase or impose 
new fees using this transition authority.’’. 
(f) AMENITY
FEE.—Section 803(g) (16 U.S.C. 
6802(g)) is amended— 
(1) in the subsection heading, by striking ‘‘EX-
PANDED
AMENITY
RECREATION’’ and inserting 
‘‘AMENITY’’; 
(2) by striking paragraph (1); 
(3) by redesignating paragraph (2) as para-
graph (1) and in such paragraph— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘expanded amenity 
recreation fee, either in addition to a 
standard 
amenity 
fee’’ 
and 
inserting 
‘‘amenity fee, either in addition to a day 
use fee or entrance fee’’; and 
(ii) by striking ‘‘under the jurisdiction 
of the Forest Service, the Bureau of Land 
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Management, or the Bureau of Reclama-
tion, but only’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘Tent’’ and inserting 
‘‘Developed tent’’; and 
(ii) by striking clauses (vii) through 
(ix) and inserting the following new 
clauses: 
‘‘(vii) Trash collection. 
‘‘(viii) Regularly serviced and well 
maintained toilet facilities.’’; 
(C) in subparagraph (E), by inserting be-
fore the period the following: ‘‘when the user 
has not paid an amenity fee under subpara-
graph (A) the prior night’’; 
(D) by striking subparagraph (F) and in-
serting the following new subparagraph: 
‘‘(F) Highly specialized interpretative pro-
grams; guided walks, talks, and tours of sub-
stantial length; programs that require special-
ized equipment; specialized non-public pro-
grams; and other interpretative services for 
which the Secretary incurs significant costs. 
However, before the Secretary may charge a fee 
for interpretative programs, the Secretary shall 
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identify basic interpretative programs and serv-
ices, including tours required to provide basic 
visitor access to a primary resource in a unit, 
that will be provided free of charge.’’; 
(E) in subparagraph (H), by inserting be-
fore the period the following: ‘‘subject to sub-
section (e)(3)’’; and 
(F) in subparagraph (J)— 
(i) in the matter preceding clause (i), 
by inserting ‘‘or hot spring’’ after ‘‘swim-
ming sites’’; 
(ii) in clause (i), by striking ‘‘flush 
toilets’’ and inserting ‘‘regularly serviced 
and well maintained toilets’’; 
(iii) in clause (ii), by striking ‘‘Refuse 
containers’’ and inserting ‘‘Trash collec-
tion’’; and 
(iv) in clause (v), by inserting ‘‘or 
swimming instructors’’ after ‘‘lifeguards’’; 
and 
(4) by adding at the end the following new 
paragraph: 
‘‘(2) NATIONAL
PARK
SERVICE
AND
UNITED 
STATES FISH AND WILDLIFE SERVICE ADDITIONAL 
AUTHORITY.—Except as limited by subsection (d), 
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the Secretary may charge an additional amenity fee 
at Federal recreational lands and waters under the 
jurisdiction of the National Park Service and the 
United States Fish and Wildlife Service when the 
Secretary determines that the visitor uses a specific 
or specialized facility, equipment, or service not oth-
erwise included under paragraph (1).’’. 
(g) SPECIAL RECREATION PERMIT AND FEE.—Sub-
section (h) of section 803 (16 U.S.C. 6802) is amended 
to read as follows: 
‘‘(h) SPECIAL RECREATION PERMIT AND FEE.— 
‘‘(1) IN GENERAL.—The Secretary may— 
‘‘(A) issue a special recreation permit for 
Federal recreational lands and waters; and 
‘‘(B) charge a special recreation permit fee 
in connection with the issuance of the permit. 
‘‘(2) SPECIAL
RECREATION
PERMITS.—The 
Secretary may issue special recreation permits in the 
following circumstances: 
‘‘(A) For specialized individual and group 
use of Federal facilities and Federal rec-
reational lands and waters, such as, but not 
limited to, use of special areas or areas where 
use is allocated, motorized recreational vehicle 
use, and group activities or events. 
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‘‘(B) To recreation service providers who 
conduct outfitting, guiding, and other recre-
ation services on Federal recreational lands and 
waters managed by the Forest Service, Bureau 
of Land Management, Bureau of Reclamation, 
and the United States Fish and Wildlife Serv-
ice. 
‘‘(C) To recreation service providers who 
conduct recreation or competitive events, which 
may involve incidental sales on Federal rec-
reational lands and waters managed by the For-
est Service, Bureau of Land Management, Bu-
reau of Reclamation, and the United States 
Fish and Wildlife Service. 
‘‘(3) REDUCTION IN FEDERAL COSTS.—To re-
duce Federal costs in administering this subsection, 
the issuance of a new special recreation permit for 
activities under paragraph (2)(B) that have been 
considered under previous analysis or that are simi-
lar to existing uses or are not inconsistent with ap-
proved uses and will not substantially increase the 
use of an area shall not constitute a major Federal 
action for the purposes of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
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‘‘(4) SINGLE
PERMITS.—The Secretary may 
issue a single permit, administered by one agency 
(including the National Park Service), to authorize 
a recreation service provider to provide services or 
for an event on lands managed by multiple agencies. 
The authorized official in the agency issuing the per-
mit under this authority must have a delegation of 
authority for the administration of the permit from 
the other relevant agencies and must comply with 
the applicable laws of each relevant agency. Nothing 
in this subsection shall alter, expand, or limit the 
applicability of any public law or regulation to lands 
administered by the participating agencies. 
‘‘(5) GUIDELINES AND PERMIT FEE CALCULA-
TION.— 
‘‘(A) GUIDELINES
AND
EXCLUSION
OF 
CERTAIN REVENUES.—The Secretary shall pub-
lish guidelines in the Federal Register for how 
recreation permit fees shall be established that 
will provide appropriate deductions for revenue 
from goods, services, or activities provided by 
the recreation service provider outside Federal 
recreational lands and waters and a deduction 
for fees to paid for other Federal lands if sepa-
rate permits are issued for a single event. 
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‘‘(B) 
REVENUE
EXCLUSIONS.—Revenue 
exclusions under subparagraph (A) shall in-
clude, but not be limited to, revenue from goods 
or services provided by the recreation service 
provider outside the Federal recreational lands 
and waters, such as— 
‘‘(i) costs for transportation, lodging, 
and other services before or after a trip be-
gins; 
‘‘(ii) deductions for activities outside 
public lands or on other Federal lands if 
separate permits are issued. 
‘‘(C) FEE CONDITIONS.—The fee charged 
by the Secretary for a permit issued under 
paragraph (2)(B) shall not exceed 3 percent of 
the recreational service provider’s annual gross 
revenue for activities authorized by the permit, 
plus applicable revenue additions, minus appli-
cable revenue exclusions or a similar flat per 
person fee. The fee charged by the Secretary 
for a permit issued under paragraph (2)(C) 
shall include appropriate reductions and addi-
tions based on the direct costs incurred by the 
Secretary for management of the event. 
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