Sec. 203. Special recreation permits and fees
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Section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) is amended— by striking this Act each place it appears and inserting this title ; in subsection (b)(5), by striking section 4(d) and inserting section 804(d) ; and by striking subsection
(h)and inserting the following: The Secretary— may develop and make available to the public an application to obtain a special recreation permit described in clause
(i)of section 802(13)(A); and shall develop and make available to the public an application to obtain a special recreation permit described in clause (ii), (iii), or
(iv)of section 802(13)(A). On review of a completed application developed under subparagraph (A), as applicable, and a determination by the Secretary that the applicant is eligible for the special recreation permit, the Secretary may issue to the applicant a special recreation permit, subject to any terms and conditions that are determined to be necessary by the Secretary. A special recreation permit issued under this paragraph may include an authorization for sales that are incidental in nature to the permitted use of the Federal recreational lands and waters. The Secretary may charge a special recreation permit fee for the issuance of a special recreation permit in accordance with this paragraph. For purposes of subparagraphs
(D)and (E), the Secretary shall establish and may charge a predetermined fee, described in clause (ii), for a special recreation permit described in clause
(iii)or
(iv)of section 802(13)(A) for a specific type of use on a unit of Federal recreational lands and waters, consistent with the criteria set forth in clause (iii). A predetermined fee described in clause
(i)shall be— a fixed fee that is assessed per special recreation permit, including a fee with an associated size limitation or other criteria as determined to be appropriate by the Secretary; or an amount assessed per visitor-use day. A predetermined fee under clause
(i)shall— have been established before the date of enactment of the America's Outdoor Recreation Act of 2023 ; be established after the date of enactment of the America's Outdoor Recreation Act of 2023 , in accordance with subsection (b); be established after the date of enactment of the America's Outdoor Recreation Act of 2023 ; and be comparable to an amount described in subparagraph (D)(ii) or (E)(ii), as applicable; or beginning on the date that is 2 years after the date of enactment of the America's Outdoor Recreation Act of 2023 , be $6 per visitor-use day in instances in which the Secretary has not established a predetermined fee under subclause (I), (II), or (III). The Secretary may, at the discretion of the Secretary, establish and charge a fee for a special recreation permit described in clause
(i)or
(ii)of section 802(13)(A). If the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iii), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider— the applicable predetermined fee established under subparagraph (B); or an amount equal to a percentage of, to be determined by the Secretary, but to not to exceed 5 percent of, adjusted gross receipts calculated under subparagraph (F). Subject to subparagraph (G), if the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iv), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider— the applicable predetermined fee established under subparagraph (B); or an amount equal to a percentage of, to be determined by the Secretary, but not to exceed 3 percent of, adjusted gross receipts calculated under subparagraph (F). For the purposes of subparagraphs (D)(ii) and (E)(ii), the Secretary shall calculate the adjusted gross receipts collected for each trip or event authorized under a special recreation permit, using either of the following calculations, based on the election of the recreation service provider: The sum of— the product obtained by multiplying— the general amount paid by participants of the trip or event to the recreation service provider for the applicable trip or event (excluding amounts related to goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider); and the quotient obtained by dividing— the number of days of the trip or event that occurred on Federal recreational lands and waters covered by the special recreation permit, rounded to the nearest whole day; by the total number of days of the trip or event; and the amount of any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit. The difference between— the total cost paid by the participants of the trip or event for the trip or event to the recreation service provider, including any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit; and the sum of— the amount of any revenues from goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider to the participants of the applicable trip or event; the amount of any costs or revenues from services and activities provided or sold by the recreation service provider to the participants of the trip or event that occurred in a location other than the Federal recreational lands and waters covered by the special recreation permit (including costs for travel and lodging outside the Federal recreational lands and waters covered by the special recreation permit); and the amount of any revenues from any service provided by a recreation service provider for an activity on Federal recreational lands and waters that is not covered by the special recreation permit. Notwithstanding subparagraph (E), the Secretary may charge a recreation service provider a minimum annual fee for a special recreation permit described in section 802(13)(A)(iv). Nothing in this paragraph affects any fee for— a concession contract administered by the National Park Service for the provision of accommodations, facilities, or services; or a commercial use authorization for use of Federal recreational lands and waters managed by the National Park Service. Nothing in this paragraph affects the ability of the Secretary to recover any administrative costs under section 325 of the America's Outdoor Recreation Act of 2023 . The collection of a special recreation permit fee under this paragraph shall not affect the authority of the Secretary to collect an entrance fee, a standard amenity recreation fee, or an expanded amenity recreation fee authorized under subsections (e), (f), and (g). The Secretary shall post clear notice of any entrance fee, standard amenity recreation fee, expanded amenity recreation fee, and available recreation passes at appropriate locations in each unit or area of Federal recreational land and waters at which an entrance fee, standard amenity recreation fee, or expanded amenity recreation fee is charged. The Secretary shall include in publications distributed at a unit or area or described in subparagraph
(A)the notice described in that subparagraph. Beginning on January 1, 2026, the Secretary shall annually post, at the location at which a recreation fee described in paragraph (1)(A) is collected, clear notice of— the total recreation fees collected during each of the 2 preceding fiscal years at the respective unit or area of the Federal land management agency; and each use during the preceding fiscal year of the applicable recreation fee or recreation pass revenues collected under this section. To the extent practicable, the Secretary shall post clear notice at the location at which work is performed using recreation fee and recreation pass revenues collected under this section. Not later than January 1, 2025, and not later than 60 days after the beginning of each fiscal year thereafter, the Secretary shall post on the website of the applicable Federal land management agency a searchable list of each use during the preceding fiscal year of the recreation fee or recreation pass revenues collected under this section. The list required under subparagraph
(A)shall include, with respect to each use described in that subparagraph— a title and description of the overall project; a title and description for each component of the project; the location of the project; and the amount obligated for the project. A recreation service provider may inform a customer of the recreation service provider of any fee charged by the Secretary under this section. . Section 804 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6803 ) is amended by striking subsection (e).
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