H. R. 4818—570
of Land Management, the Bureau of Reclamation, or the Forest
Service.
(5) FEDERAL RECREATIONAL LANDS AND WATERS.—The term
‘‘Federal recreational lands and waters’’ means lands or waters
managed by a Federal land management agency.
(6) NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS
PASS.—The term ‘‘National Parks and Federal Recreational
Lands Pass’’ means the interagency national pass authorized
by section 5.
(7) PASSHOLDER.—The term ‘‘passholder’’ means the person
who is issued a recreation pass.
(8) RECREATION FEE.—The term ‘‘recreation fee’’ means an
entrance fee, standard amenity recreation fee, expanded
amenity recreation fee, or special recreation permit fee.
(9) RECREATION PASS.—The term ‘‘recreation pass’’ means
the National Parks and Federal Recreational Lands Pass or
one of the other recreation passes available as authorized by
section 5.
(10) SECRETARY.—The term ‘‘Secretary’’ means—
(A) the Secretary of the Interior, with respect to a
Federal land management agency (other than the Forest
Service); and
(B) the Secretary of Agriculture, with respect to the
Forest Service.
(11) SECRETARIES.—The term ‘‘Secretaries’’ means the Sec-
retary of the Interior and the Secretary of Agriculture acting
jointly.
(12) SPECIAL ACCOUNT.—The term ‘‘special account’’ means
the special account established in the Treasury under section
7 for a Federal land management agency.
(13) SPECIAL RECREATION PERMIT FEE.—The term ‘‘special
recreation permit fee’’ means the fee authorized by section
3(h).
SEC. 803. RECREATION FEE AUTHORITY.
(a) AUTHORITY OF SECRETARY.—Beginning in fiscal year 2005
and thereafter, the Secretary may establish, modify, charge, and
collect recreation fees at Federal recreational lands and waters
as provided for in this section.
(b) BASIS
FOR RECREATION FEES.—Recreation fees shall be
established in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be commensurate
with the benefits and services provided to the visitor.
(2) The Secretary shall consider the aggregate effect of
recreation fees on recreation users and recreation service pro-
viders.
(3) The Secretary shall consider comparable fees charged
elsewhere and by other public agencies and by nearby private
sector operators.
(4) The Secretary shall consider the public policy or
management objectives served by the recreation fee.
(5) The Secretary shall obtain input from the appropriate
Recreation Resource Advisory Committee, as provided in section
4(d).
(6) The Secretary shall consider such other factors or cri-
teria as determined appropriate by the Secretary.
H. R. 4818—571
(c) SPECIAL CONSIDERATIONS.—The Secretary shall establish
the minimum number of recreation fees and shall avoid the collec-
tion of multiple or layered recreation fees for similar uses, activities,
or programs.
(d) LIMITATIONS ON RECREATION FEES.—
(1) PROHIBITION ON FEES FOR CERTAIN ACTIVITIES OR SERV-
ICES.—The Secretary shall not charge any standard amenity
recreation fee or expanded amenity recreation fee for Federal
recreational lands and waters administered by the Bureau of
Land Management, the Forest Service, or the Bureau of Rec-
lamation under this Act for any of the following:
(A) Solely for parking, undesignated parking, or pic-
nicking along roads or trailsides.
(B) For general access unless specifically authorized
under this section.
(C) For dispersed areas with low or no investment
unless specifically authorized under this section.
(D) For persons who are driving through, walking
through, boating through, horseback riding through, or
hiking through Federal recreational lands and waters with-
out using the facilities and services.
(E) For camping at undeveloped sites that do not pro-
vide a minimum number of facilities and services as
described in subsection (g)(2)(A).
(F) For use of overlooks or scenic pullouts.
(G) For travel by private, noncommercial vehicle over
any national parkway or any road or highway established
as a part of the Federal-aid System, as defined in section
101 of title 23, United States Code, which is commonly
used by the public as a means of travel between two
places either or both of which are outside any unit or
area at which recreation fees are charged under this Act.
(H) For travel by private, noncommercial vehicle, boat,
or aircraft over any road or highway, waterway, or airway
to any land in which such person has any property right
if such land is within any unit or area at which recreation
fees are charged under this Act.
(I) For any person who has a right of access for hunting
or fishing privileges under a specific provision of law or
treaty.
(J) For any person who is engaged in the conduct
of official Federal, State, Tribal, or local government busi-
ness.
(K) For special attention or extra services necessary
to meet the needs of the disabled.
(2) RELATION TO FEES FOR USE OF HIGHWAYS OR ROADS.—
An entity that pays a special recreation permit fee or similar
permit fee shall not be subject to a road cost-sharing fee or
a fee for the use of highways or roads that are open to private,
noncommercial use within the boundaries of any Federal rec-
reational lands or waters, as authorized under section 6 of
Public Law 88–657 (16 U.S.C. 537; commonly known as the
Forest Roads and Trails Act).
(3) PROHIBITION
ON
FEES
FOR
CERTAIN
PERSONS
OR
PLACES.—The Secretary shall not charge an entrance fee or
standard amenity recreation fee for the following:
(A) Any person under 16 years of age.