Sec. 4. Recreation fee authority
2,740 words·~12 min read·
/bill/113/hr/5204/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 803(a) ( 16 U.S.C. 6802(a) ) is amended by inserting only after waters . Section 803(b) ( 16 U.S.C. 6802(b) ) is amended by striking paragraphs
(5)and
(6)and inserting the following new paragraph: The Secretary shall consider access to recreation opportunities. . Section 803(d) ( 16 U.S.C. 6802(d) ) is amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking standard amenity recreation fee or expanded amenity recreation fee and inserting day use fee or amenity fee ; by striking subparagraphs
(A)through
(F)and inserting the following new subparagraph: For any site, area, or activity, except as specifically authorized under this section. ; and by redesignating subparagraphs
(G)through
(K)as subparagraphs
(B)through (F), respectively; and in paragraph (3)— in the matter preceding subparagraph (A), by striking standard amenity recreation fee and inserting day use fee ; and in subparagraph (B), by striking educational purposes by schools or bona fide academic institutions and inserting , non-recreational educational purposes by schools or bona fide academic institutions when the students are pursuing academic credit and the Secretary has provided prior approval for a fee waiver . Section 803(e) ( 16 U.S.C. 6802(e) ) is amended— by redesignating paragraph
(2)as paragraph (4); and by inserting after paragraph
(1)the following new paragraphs: The Secretary shall— 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 determine, by agency, a nationally consistent entrance fee policy and corresponding rate structure, including a schedule for general visitors, commercial and noncommercial recreational tours or groups, and commercial air tours. At a unit of the National Park System where the Secretary provides a transportation service, either as a Government service or through agreement or contract, the Secretary may charge transportation users a transportation 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). . Subsection
(f)of section 803 ( 16 U.S.C. 6802 ) is amended to read as follows: 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 National Conservation Area. A National Volcanic Monument. A destination visitor or interpretive center that provides a broad range of interpretative services, programs and media. 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 following: Designated developed parking. Trash collection. Permanent interpretative materials. Picnic tables. Routine presence of agency personnel. If there are two or more sites of concentrated public use located within one-half mile of each other, the Secretary may charge a single day use fee for the sites and the area between the sites. The Secretary shall determine, by agency, a nationally consistent day use fee policy and rate structure. No later than 180 days after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 , the Secretary shall— 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 provide a 60-day public comment period regarding such list. No later than 120 days after the close of the public comment period required by subparagraph (A)(ii), the Secretary shall publish in the Federal Register and on the agency’s website the final list of sites for which day use fees are to be collected. The Secretary may continue to collect fees in effect on the date of the enactment of Federal Lands Recreation Enhancement Modernization Act of 2014 for a period not to exceed 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. . Section 803(g) ( 16 U.S.C. 6802(g) ) is amended— in the subsection heading, by striking and inserting Expanded Amenity Recreation ; Amenity by striking paragraph (1); by redesignating paragraph
(2)as paragraph
(1)and in such paragraph— in the matter preceding subparagraph (A)— 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 by striking under the jurisdiction of the Forest Service, the Bureau of Land Management, or the Bureau of Reclamation, but only ; in subparagraph (A)— by striking Tent and inserting Developed tent ; and by striking clauses
(vii)through
(ix)and inserting the following new clauses: Trash collection. Regularly serviced and well maintained toilet facilities. ; in subparagraph (E), by inserting before the period the following: when the user has not paid an amenity fee under subparagraph
(A)the prior night ; by striking subparagraph
(F)and inserting the following new subparagraph: Highly specialized interpretative programs; guided walks, talks, and tours of substantial length; programs that require specialized equipment; specialized non-public programs; 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 identify basic interpretative programs and services, including tours required to provide basic visitor access to a primary resource in a unit, that will be provided free of charge. ; in subparagraph (H), by inserting before the period the following: subject to subsection (e)(3) ; and in subparagraph (J)— in the matter preceding clause (i), by inserting or hot spring after swimming sites ; in clause (i), by striking flush toilets and inserting regularly serviced and well maintained toilets ; in clause (ii), by striking Refuse containers and inserting Trash collection ; and in clause (v), by inserting or swimming instructors after lifeguards ; and by adding at the end the following new paragraph: Except as limited by subsection (d), 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 otherwise included under paragraph (1). . Subsection
(h)of section 803 ( 16 U.S.C. 6802 ) is amended to read as follows: The Secretary may— issue a special recreation permit for Federal recreational lands and waters; and charge a special recreation permit fee in connection with the issuance of the permit. The Secretary may issue special recreation permits in the following circumstances: For specialized individual and group use of Federal facilities and Federal recreational 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. To recreation service providers who conduct outfitting, guiding, and other recreation 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 Service. To recreation service providers who conduct recreation or competitive events, which may involve incidental sales 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 Service. To reduce 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 similar to existing uses or are not inconsistent with approved uses and will not substantially increase the use of an area shall not constitute a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 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 permit 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. The Secretary shall publish 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 separate permits are issued for a single event. Revenue exclusions under subparagraph
(A)shall include, 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— costs for transportation, lodging, and other services before or after a trip begins; deductions for activities outside public lands or on other Federal lands if separate permits are issued. 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 applicable 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 additions based on the direct costs incurred by the Secretary for management of the event. The Secretary may issue a recreation concession permit to authorize a third party to provide facilities and services to visitors on Federal recreational lands and waters managed by the Bureau of Land Management in support of outdoor recreational opportunities in accordance with the applicable land use plan. Any such permit shall provide for monetary compensation to the Federal Government for the rights and privileges provided, with collected funds deposited in the accounts established under section 807 of this Act, to be available without further appropriation and to remain available until expended. Facilities and services provided under existing recreation concessions and recreation lease agreements on Bureau of Land Management managed public lands may continue pursuant to the terms and conditions of each agreement. Within 18 months after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 , the Secretary shall establish, at no fewer than 20 sites located on Federal recreational lands and waters administered by the Forest Service and the Bureau of Land Management, a stewardship program for recreation service providers involving credit against a required special recreation permit fee in exchange for otherwise unreimbursed maintenance and resource protection work performed with the permission of the relevant Federal agency. Under the stewardship program required by this paragraph, a recreation service provider shall submit to the Secretary— the provider’s qualifications to adequately and safely perform the proposed maintenance and resource protection work; an itemized accounting of labor and material costs associated with such maintenance and resource protection work; a commitment to share the costs of the proposed maintenance and resource protection work; and permission from the relevant Federal agency to perform the proposed maintenance and resource protection work. The Secretary shall review promptly a proposal submitted to participate in the stewardship program and approve any such submission that the Secretary finds adequately meets the eligibility criteria specified in subparagraph (B). Not later than three years after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 , the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a status report on the stewardship program, including the number of participating sites, total amount of the credits granted, and suggestions for revising the program. A holder of a special recreation permit may inform its customers of the various fees charged by the Secretary under this title. . Section 803 ( 16 U.S.C. 6802 ) is further amended by adding at the end the following new subsections: The Secretary shall post clear notice of any fee and available recreation passes at appropriate locations at each site of Federal recreational lands and waters for which any fee is charged. The Secretary shall include such notice in publications distributed at the unit and on agency websites. To the extent practicable, the Secretary shall use technology and automation to increase accountability, efficiency, and the convenience of paying recreation fees. Subject to valid existing rights, the Secretary shall not enter into agreements for the operation of a visitor center with private for-profit or non-profit organizations that intend to charge a fee for visitors to access a visitor center or a basic visitor center exhibit. Nothing in paragraph
(1)prohibits the Secretary from— charging a recreation fee at a visitor or interpretative center as otherwise provided for in this title; or entering into a fee management agreement for the collection of the recreation fee. Within six months after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 , the Secretary shall— compile a comprehensive list of all fees (except special recreation permit fees) charged at Federal recreational lands and waters by Federal land management agencies as of the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 ; and submit this list to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Except as provided in paragraphs (3), (4), and (5), the Secretaries may not increase or impose any new entrance fees, day use fees, or amenity fees. By June 1 of each year, the Secretaries shall propose a single schedule of any new or increased entrance fees, day use fees, or amenity fees and transmit this schedule to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. No new or increased entrance fee, day use fee, or amenity fee may be imposed unless approved by Act of Congress. If the Secretaries determine that recreational opportunities on Federal recreational lands and waters would be severely curtailed or that an emergency affecting human health or unforeseen events exists, the Secretaries may transmit proposed selective new or increased entrance fees, day use fees, or amenity fees to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate for approval by Act of Congress. Any special recreation permit issued under this title before the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 shall continue— to be managed pursuant to this section, as in effect on the day before the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 ; and to be valid and remain in effect, under its terms and notwithstanding section 810, until the permit expires, is revoked, or is suspended according to the terms of the permit. The Secretary may provide free admission or use days of Federal recreational lands and waters. The Secretary shall not establish any additional discounts except as provided in this title or by another provision of law. . Section 803(d) ( 16 U.S.C. 6802(d) ) is further amended— in paragraph (1)— in the matter preceding subparagraph (A), by striking this Act and inserting this title ; and in subparagraph (B), as redesignated by subsection (c)(1)(C), by striking part of the Federal-aid System and inserting Federal-aid highway ; and in paragraph (4), by striking this Act and inserting this title .
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources