-CITE-
16 USC Sec. 460l-6a 01/05/99

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND
SEASHORES
SUBCHAPTER LXIX - OUTDOOR RECREATION PROGRAMS
Part B - Land and Water Conservation Fund

-HEAD-
Sec. 460l-6a. Admission and special recreation use fees

-STATUTE-
(a) Admission fees at designated areas; ''Golden Eagle Passport''
annual admission permit; single-visit fees; fee-free travel
areas; ''Golden Age Passport'' annual entrance permit; lifetime
admission permit
Entrance or admission fees shall be charged only at designated
units of the National Park System or National Conservation Areas
administered by the Department of the Interior and National
Recreation Areas, National Monuments, National Volcanic Monuments,
National Scenic Areas, and no more than 21 areas of concentrated
public use administered by the Department of Agriculture. For
purposes of this subsection, the term ''area of concentrated public
use'' means an area that is managed primarily for outdoor
recreation purposes, contains at least one major recreation
attraction, where facilities and services necessary to accommodate
heavy public use are provided, and public access to the area is
provided in such a manner that admission fees can be efficiently
collected at one or more centralized locations. No admission fees
of any kind shall be charged or imposed for entrance into any other
federally owned areas which are operated and maintained by a
Federal agency and used for outdoor recreation purposes.
(1)(A)(i) For admission into any such designated area, an annual
admission permit (to be known as the Golden Eagle Passport) shall
be available, for a fee of not more than $25. The permittee and any
person accompanying him in a single, private, noncommercial
vehicle, or alternatively, the permittee and his spouse, children,
and parents accompanying him where entry to the area is by any
means other than private, noncommercial vehicle, shall be entitled
to general admission into any area designated pursuant to this
subsection. The annual permit shall be valid for a period of 12
months from the date the annual fee is paid. The annual permit
shall not authorize any uses for which additional fees are charged
pursuant to subsections (b) and (c) of this section. The annual
permit shall be nontransferable and the unlawful use thereof shall
be punishable in accordance with regulations established pursuant
to subsection (e) of this section. The annual permit shall be
available for purchase at any such designated area.
(ii) The Secretary of the Interior and the Secretary of
Agriculture may authorize businesses, nonprofit entities, and other
organizations to sell and collect fees for the Golden Eagle
Passport subject to such terms and conditions as the Secretaries
may jointly prescribe. The Secretaries shall develop detailed
guidelines for promotional advertising of non-Federal Golden Eagle
Passport sales and shall monitor compliance with such guidelines.
The Secretaries may authorize the sellers to withhold amounts up
to, but not exceeding 8 percent of the gross fees collected from
the sale of such passports as reimbursement for actual expenses of
the sales. Receipts from such non-Federal sales of the Golden
Eagle Passport shall be deposited into the special account
established in subsection (i) of this section, to be allocated
between the Secretary of the Interior and the Secretary of
Agriculture in the same ratio as receipts from admission into
Federal fee areas administered by the Secretary of Agriculture and
the Secretary of the Interior pursuant to subsection (a) of this
section.
(B) For admission into a specific designated unit of the National
Park System, or into several specific units located in a particular
geographic area, the Secretary is authorized to make available an
annual admission permit for a reasonable fee. The fee shall not
exceed $15 regardless of how many units of the park system are
covered. The permit shall convey the privileges of, and shall be
subject to the same terms and conditions as, the Golden Eagle
Passport, except that it shall be valid only for admission into the
specific unit or units of the National Park System indicated at the
time of purchase.
(2) Reasonable admission fees for a single visit at any
designated area shall be established by the administering Secretary
for persons who choose not to purchase the annual permit. A
''single visit'' means a more or less continuous stay within a
designated area. Payment of a single visit admission fee shall
authorize exits from and reentries to a single designated area for
a period of from one to fifteen days, such period to be defined for
each designated area by the administering Secretary based upon a
determination of the period of time reasonably and ordinarily
necessary for such a single visit. The fee for a single-visit
permit at any designated area applicable to those persons entering
by private, noncommercial vehicle shall be no more than $5 per
vehicle. The single-visit permit shall admit the permittee and all
persons accompanying him in a single vehicle. The fee for a
single-visit permit at any designated area applicable to those
persons entering by any means other than a private noncommercial
vehicle shall be no more than $3 per person. Except as otherwise
provided in this subsection, the maximum fee amounts set forth in
this paragraph shall apply to all designated areas.
(3) No admission fee shall be charged for travel by private,
non-commercial vehicle over any national parkway or any road or
highway established as a part of the National Federal Aid System,
as defined in section 101 of title 23, which is commonly used by
the public as a means of travel between two places either or both
of which are outside the area. Nor shall any fee be charged for
travel by private, noncommercial vehicle over any road or highway
to any land in which such person has any property right if such
land is within any such designated area. In the Smoky Mountains
National Park, unless fees are charged for entrance into said park
on main highways and thoroughfares, fees shall not be charged for
entrance on other routes into said park or any part thereof.
Notwithstanding any other provision of this part, no admission fee
may be charged at any unit of the National Park System which
provides significant outdoor recreation opportunities in an urban
environment and to which access is publicly available at multiple
locations.
(4) The Secretary of the Interior and the Secretary of
Agriculture shall establish procedures providing for the issuance
of a lifetime admission permit (to be known as the ''Golden Age
Passport'') to any citizen of, or person domiciled in, the United
States sixty-two years of age or older applying for such permit.
Such permit shall be nontransferable, shall be issued for a
one-time charge of $10, and shall entitle the permittee and any
person accompanying him in a single, private, noncommercial
vehicle, or alternatively, the permittee and his spouse and
children accompanying him where entry to the area is by any means
other than private, noncommercial vehicle, to general admission
into any area designated pursuant to this subsection. No other
free permits shall be issued to any person: Provided, That no fees
of any kind shall be collected from any persons who have a right of
access for hunting or fishing privileges under a specific provision
of law or treaty or who are engaged in the conduct of official
Federal, State, or local Government business and Provided further,
That for no more than three years after the date of enactment of
this Act, visitors to the United States will be granted entrance,
without charge, to any designated admission fee area upon
presentation of a valid passport.
(5) The Secretary of the Interior and the Secretary of
Agriculture shall establish procedures providing for the issuance
of a lifetime admission permit to any citizen of, or person
domiciled in, the United States, if such citizen or person applies
for such permit, and is blind or permanently disabled. Such
procedures shall assure that such permit shall be issued only to
persons who have been medically determined to be blind or
permanently disabled for purposes of receiving benefits under
Federal law as a result of said blindness or permanent disability
as determined by the Secretaries. Such permit shall be
nontransferable, shall be issued without charge, and shall entitle
the permittee and any person accompanying him in a single, private,
noncommercial vehicle, or alternatively, the permittee and his
spouse and children accompanying him where entry to the area is by
any means other than private, noncommercial vehicle, to general
admission into any area designated pursuant to this subsection.
(6)(A) No later than 60 days after December 22, 1987, the
Secretary of the Interior shall submit to the Committee on Interior
and Insular Affairs of the United States House of Representatives
and the Committee on Energy and Natural Resources of the United
States Senate a report on the entrance fees proposed to be charged
at units of the National Park System. The report shall include a
list of units of the National Park System and the entrance fee
proposed to be charged at each unit. The Secretary of the Interior
shall include in the report an explanation of the guidelines used
in applying the criteria in subsection (d) of this section.
(B) Following submittal of the report to the respective
committees, any proposed changes to matters covered in the report,
including the addition or deletion of park units or the increase or
decrease of fee levels at park units shall not take effect until 60
days after notice of the proposed change has been submitted to the
committees.
(7) No admission fee may be charged at any unit of the National
Park System for admission of any person 16 years of age or less.
(8) No admission fee may be charged at any unit of the National
Park System for admission of organized school groups or outings
conducted for educational purposes by schools or other bona fide
educational institutions.
(9) No admission fee may be charged at the following units of the
National Park System: U.S.S. Arizona Memorial, Independence
National Historical Park, any unit of the National Park System
within the District of Columbia, Arlington House - Robert E. Lee
National Memorial, San Juan National Historic Site, and Canaveral
National Seashore.
(10) For each unit of the National Park System where an admission
fee is collected, the Director shall annually designate at least
one day during periods of high visitation as a ''Fee-Free Day''
when no admission fee shall be charged.
(11) In the case of the following parks, the fee for a
single-visit permit applicable to those persons entering by
private, noncommercial vehicle (the permittee and all persons
accompanying him in a single vehicle) shall be no more than $10 per
vehicle and the fee for a single-visit permit applicable to persons
entering by any means other than a private noncommercial vehicle
shall be no more than $5 per person: Yellowstone National Park and
Grand Teton National Park and after the end of fiscal year 1990,
Grand Canyon National Park. In the case of Yellowstone and Grand
Teton, a single-visit fee collected at one unit shall also admit
the vehicle or person who paid such fee for a single-visit to the
other unit.
(12) Notwithstanding section 410hh-2 of this title, the Secretary
may charge an admission fee under this section at Denali National
Park and Preserve in Alaska.
(b) Recreation use fees; collection; campgrounds at lakes or
reservoirs under jurisdiction of Corps of Engineers; fees for
Golden Age Passport permittees
Each Federal agency developing, administering, providing or
furnishing at Federal expense, specialized outdoor recreation
sites, facilities, equipment, or services shall, in accordance with
this subsection and subsection (d) of this section, provide for the
collection of daily recreation use fees at the place of use or any
reasonably convenient location: Provided, That in no event shall
there be a charge by any such agency for the use, either singly or
in any combination, of drinking water, wayside exhibits, roads,
overlook sites, visitors' centers, scenic drives, or toilet
facilities, nor shall there be any such charge solely for the use
of picnic tables: Provided, That in no event shall there be a
charge for the use of any campground not having a majority of the
following: tent or trailer spaces, picnic tables, drinking water,
access road, refuse containers, toilet facilities, personal
collection of the fee by an employee or agent of the Federal agency
operating the facility, reasonable visitor protection, and simple
devices for containing a campfire (where campfires are permitted).
For the purposes of this subsection, the term ''specialized outdoor
recreation sites'' includes, but is not limited to, campgrounds,
swimming sites, boat launch facilities, and managed parking lots.
Any Golden Age Passport permittee, or permittee under paragraph (5)
of subsection (a) of this section, shall be entitled upon
presentation of such permit to utilize such special recreation
facilities at a rate of 50 per centum of the established use fee.
(c) Special recreation permits
Special recreation permits for uses such as group activities,
recreation events, motorized recreation vehicles, and other
specialized recreation uses may be issued in accordance with
procedures and at fees established by the agency involved.
(d) Criteria, posting and uniformity of fees
All fees established pursuant to this section shall be fair and
equitable, taking into consideration the direct and indirect cost
to the Government, the benefits to the recipient, the public policy
or interest served, the comparable recreation fees charged by
non-Federal public agencies, the economic and administrative
feasibility of fee collection and other pertinent factors.
Clear notice that a fee has been established pursuant to this
section shall be prominently posted at each area and at appropriate
locations therein and shall be included in publications distributed
at such areas. It is the intent of this part that comparable fees
should be charged by the several Federal agencies for comparable
services and facilities.
(e) Rules and regulations; establishment; enforcement powers;
penalty for violations
In accordance with the provisions of this section, the heads of
appropriate departments and agencies may prescribe rules and
regulations for areas under their administration for the collection
of any fee established pursuant to this section. Persons
authorized by the heads of such Federal agencies to enforce any
such rules or regulations issued under this subsection may, within
areas under the administration or authority of such agency head and
with or, if the offense is committed in his presence, without a
warrant, arrest any person who violates such rules and
regulations. Any person so arrested may be tried and sentenced by
the United States magistrate judge specifically designated for that
purpose by the court by which he was appointed, in the same manner
and subject to the same conditions as provided in subsections (b),
(c), (d), and (e) of section 3401 of title 18. Any violations of
the rules and regulations issued under this subsection shall be
punishable by a fine of not more than $100.
(f) Contracts with public or private entities for visitor
reservation services
The head of any Federal agency, under such terms and conditions
as he deems appropriate, may contract with any public or private
entity to provide visitor reservation services. Any such contract
may provide that the contractor shall be permitted to deduct a
commission to be fixed by the agency head from the amount charged
the public for providing such services and to remit the net
proceeds therefrom to the contracting agency.
(g) Federal and State laws unaffected
Nothing in this part shall authorize Federal hunting or fishing
licenses or fees or charges for commercial or other activities not
related to recreation, nor shall it affect any rights or authority
of the States with respect to fish and wildlife, nor shall it
repeal or modify any provision of law that permits States or
political subdivisions to share in the revenues from Federal lands
or any provision of law that provides that any fees or charges
collected at particular Federal areas shall be used for or credited
to specific purposes or special funds as authorized by that
provision of law.
(h) Repealed. Pub. L. 104-66, title I, Sec. 1081(f), Dec. 21, 1995,
109 Stat. 721

(i) Covering of fees collected into special account for agency
established in Treasury; covered agencies; availability of
funds; allocation of National Park Service funds
(1)(A) Except in the case of fees collected by the United States
Fish and Wildlife Service or the Tennessee Valley Authority, all
receipts from fees collected pursuant to this section by any
Federal agency (or by any public or private entity under contract
with a Federal agency) shall be covered into a special account for
that agency established in the Treasury of the United States. Fees
collected by the Secretary of Agriculture pursuant to this
subsection shall continue to be available for the purposes of
distribution to States and counties in accordance with applicable
law.
(B) Notwithstanding subparagraph (A), in any fiscal year, the
Secretary of Agriculture and the Secretary of the Interior may
withhold from the special account established under subparagraph
(A) such portion of all receipts collected from fees imposed under
this section in such fiscal year as the Secretary of Agriculture or
the Secretary of the Interior, as appropriate, determines to be
equal to the fee collection costs for that fiscal year: Provided,
That such costs shall not exceed 15 percent of all receipts
collected from fees imposed under this section in that fiscal
year. The amounts so withheld shall be retained by the Secretary
of Agriculture or the Secretary of the Interior, as appropriate,
and shall be available, without further appropriation, for
expenditure by the Secretary concerned to cover fee collection
costs in that fiscal year. The Secretary concerned shall deposit
into the special account established pursuant to subparagraph (A)
any amounts so retained which remain unexpended and unobligated at
the end of the fiscal year. For the purposes of this subparagraph,
for any fiscal year, the term ''fee collection costs'' means those
costs for personnel and infrastructure directly associated with the
collection of fees imposed under this section.
(C) Units at which entrance fees or admissions fees cannot be
collected. -
(i) Withholding of amounts. - Notwithstanding subparagraph (A),
section 315(c) of section 101(c) of the Omnibus Consolidated
Recessions and Appropriations Act of 1996 (16 U.S.C. 460l-6a
note; Public Law 104-134), or section 107 of the Department of
the Interior and Related Agencies Appropriations Act, 1998 (16
U.S.C. 460l-6a note; Public Law 105-83), the Secretary of the
Interior shall withhold from the special account under
subparagraph (A) 100 percent of the fees and charges collected in
connection with any unit of the National Park System at which
entrance fees or admission fees cannot be collected by reason of
deed restrictions.
(ii) Use of amounts. - Amounts withheld under clause (i) shall
be retained by the Secretary and shall be available, without
further Act of appropriation, for expenditure by the Secretary
for the unit with respect to which the amounts were collected for
the purposes of enhancing the quality of the visitor experience,
protection of resources, repair and maintenance, interpretation,
signage, habitat or facility enhancement, resource preservation,
annual operation (including fee collection), maintenance, and law
enforcement.
(2) Amounts covered into the special account for each agency
during each fiscal year shall, after the end of such fiscal year,
be available for appropriation solely for the purposes and in the
manner provided in this subsection. No funds shall be transferred
from fee receipts made available under this part to each unit of
the national park system: (FOOTNOTE 1) Provided, however, That in
making appropriations, funds derived from such fees may be used for
any purpose authorized therein. Funds credited to the special
account shall remain available until expended.
(FOOTNOTE 1) So in original. Probably should be ''National Park
System:''.
(3) For agencies other than the National Park Service, such funds
shall be made available for resource protection, research,
interpretation, and maintenance activities related to resource
protection in areas managed by that agency at which outdoor
recreation is available. To the extent feasible, such funds should
be used for purposes (as provided for in this paragraph) which are
directly related to the activities which generated the funds,
including but not limited to water-based recreational activities
and camping.
(4) Amounts covered into the special account for the National
Park Service shall be allocated among park system units in
accordance with subsection (j) of this section for obligation or
expenditure by the Director of the National Park Service for the
following purposes:
(A) In the case of receipts from the collection of admission
fees: for resource protection, research, and interpretation at
units of the National Park System.
(B) In the case of receipts from the collection of user fees:
for resource protection, research, interpretation, and
maintenance activities related to resource protection at units of
the National Park System.

(j) Funds available to National Park Service; required allocations;
computations; unexpended funds
(1) 10 percent of the funds made available to the Director of the
National Park Service under subsection (i) of this section in each
fiscal year shall be allocated among units of the National Park
System on the basis of need in a manner to be determined by the
Director.
(2) 40 percent of the funds made available to the Director of the
National Park Service under subsection (i) of this section in each
fiscal year shall be allocated among units of the National Park
System in accordance with paragraph (3) of this subsection and 50
percent shall be allocated in accordance with paragraph (4) of this
subsection.
(3) The amount allocated to each unit under this paragraph for
each fiscal year shall be a fraction of the total allocation to all
units under this paragraph. The fraction for each unit shall be
determined by dividing the operating expenses at that unit during
the prior fiscal year by the total operating expenses at all units
during the prior fiscal year.
(4) The amount allocated to each unit under this paragraph for
each fiscal year shall be a fraction of the total allocation to all
units under this paragraph. The fraction for each unit shall be
determined by dividing the user fees and admission fees collected
under this section at that unit during the prior fiscal year by the
total of user fees and admission fees collected under this section
at all units during the prior fiscal year.
(5) Amounts allocated under this subsection to any unit for any
fiscal year and not expended in that fiscal year shall remain
available for expenditure at that unit until expended.
(k) Selling of permits and collection of fees by volunteers at
designated areas; collecting agency duties; surety bonds;
selling of annual admission permits by public and private
entities under arrangements with collecting agency head
When authorized by the head of the collecting agency, volunteers
at designated areas may sell permits and collect fees authorized or
established pursuant to this section. The head of such agency
shall ensure that such volunteers have adequate training regarding
-
(1) the sale of permits and the collection of fees,
(2) the purposes and resources of the areas in which they are
assigned, and
(3) the provision of assistance and information to visitors to
the designated area.
The Secretary shall require a surety bond for any such volunteer
performing services under this subsection. Funds available to the
collecting agency may be used to cover the cost of any such surety
bond. The head of the collecting agency may enter into
arrangements with qualified public or private entities pursuant to
which such entities may sell (without cost to the United States)
annual admission permits (including Golden Eagle Passports) at any
appropriate location. Such arrangements shall require each such
entity to reimburse the United States for the full amount to be
received from the sale of such permits at or before the agency
delivers the permits to such entity for sale.
(l) Charge for transportation provided by National Park Service for
viewing National Park System units; charge in lieu of admission
fee; maximum charge; apportionment and expenditure of charges
(1) Where the National Park Service provides transportation to
view all or a portion of any unit of the National Park System, the
Director may impose a charge for such service in lieu of an
admission fee under this section. The charge imposed under this
paragraph shall not exceed the maximum admission fee under
subsection (a) of this section.
(2) Notwithstanding any other provision of law, half of the
charges imposed under paragraph (1) shall be retained by the unit
of the National Park System at which the service was provided. The
remainder shall be covered into the special account referred to in
subsection (i) of this section in the same manner as receipts from
fees collected pursuant to this section. Fifty percent of the
amount retained shall be expended only for maintenance of
transportation systems at the unit where the charge was imposed.
The remaining 50 percent of the retained amount shall be expended
only for activities related to resource protection at such units.
(m) Admission fee at National Park System units where primary
public access is provided by concessioner; maximum fee
Where the primary public access to a unit of the National Park
System is provided by a concessioner, the Secretary may charge an
admission fee at such units only to the extent that the total of
the fee charged by the concessioner for access to the unit and the
admission fee does not exceed the maximum amount of the admission
fee which could otherwise be imposed under subsection (a) of this
section.
(n) Commercial tour use fees
(1) In the case of each unit of the National Park System for
which an admission fee is charged under this section, the Secretary
of the Interior shall establish, by October 1, 1993, a commercial
tour use fee to be imposed on each vehicle entering the unit for
the purpose of providing commercial tour services within the unit.
Fee revenue derived from such commercial tour use fees shall be
deposited into the special account established under subsection (i)
of this section.
(2) The Secretary shall establish the amount of fee per entry as
follows:
(A) $25 per vehicle with a passenger capacity of 25 persons or
less, and
(B) $50 per vehicle with a passenger capacity of more than 25
persons.
(3) The Secretary may periodically make reasonable adjustments to
the commercial tour use fee imposed under this subsection.
(4) The commercial tour use fee imposed under this subsection
shall not apply to either of the following:
(A) Any vehicle transporting organized school groups or outings
conducted for educational purposes by schools or other bona fide
educational institutions.
(B) Any vehicle entering a park system unit pursuant to a
contract issued under the Act of October 9, 1965 (16 U.S.C.
20-20g) (FOOTNOTE 2) entitled ''An Act relating to the
establishment of concession policies in the areas administered by
the National Park Service and for other purposes.''
(FOOTNOTE 2) See References in Text note below.
(5)(A) The provisions of this subsection shall apply to aircraft
entering the airspace of units of the National Park System
identified in section 2(b) and section 3 of Public Law 100-91 for
the specific purpose of providing commercial tour services within
the airspace of such units.
(B) The provisions of this subsection shall also apply to
aircraft entering the airspace of other units of the National Park
System for the specific purpose of providing commercial tour
services if the Secretary determines that the level of such
services is equal to or greater than the level at those units of
the National Park System specified in subparagraph (A).

-SOURCE-
(Pub. L. 88-578, title I, Sec. 4, as added Pub. L. 92-347, Sec. 2,
July 11, 1972, 86 Stat. 459; amended Pub. L. 93-81, Sec. 1, 2, Aug.
1, 1973, 87 Stat. 178, 179; Pub. L. 93-303, Sec. 1, June 7, 1974,
88 Stat. 192; Pub. L. 96-344, Sec. 9, Sept. 8, 1980, 94 Stat. 1135;
Pub. L. 100-203, title V, Sec. 5201(a)-(c), Dec. 22, 1987, 101
Stat. 1330-263, 1330-264; Pub. L. 101-650, title III, Sec. 321,
Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-66, title V, Sec.
5001(b), title X, Sec. 10001, 10002, Aug. 10, 1993, 107 Stat. 379,
402, 403; Pub. L. 103-437, Sec. 6(p)(1), Nov. 2, 1994, 108 Stat.
4586; Pub. L. 104-66, title I, Sec. 1081(f), Dec. 21, 1995, 109
Stat. 721; Pub. L. 105-327, Sec. 1, Oct. 30, 1998, 112 Stat. 3055.)

-REFTEXT-
REFERENCES IN TEXT
The words ''three years after the date of enactment of this
Act'', referred to in subsec. (a)(4), refer to the enactment of
Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended. Pub. L.
88-578, which enacted sections 460l-4 to 460l-11 of this title, was
approved Sept. 3, 1964; Pub. L. 92-347, which enacted this section,
was approved July 11, 1972.
Act of October 9, 1965, referred to in subsec. (n)(4)(B), is Pub.
L. 89-249, Oct. 9, 1965, 79 Stat. 969, known as the National Park
System Concessions Policy Act, which was classified generally to
subchapter IV (Sec. 20 et seq.) of this chapter, prior to repeal by
Pub. L. 105-391, title IV, Sec. 415(a), Nov. 13, 1998, 112 Stat.
3515.
Public Law 100-91, referred to in subsec. (n)(5)(A), is set out
as a note under section 1a-1 of this title.

-MISC2-
PRIOR PROVISIONS
A prior section 4 of Pub. L. 88-578 was renumbered section 5 and
is classified to section 460l-7 of this title.
AMENDMENTS
1998 - Subsec. (i)(1)(C). Pub. L. 105-327 added subpar. (C).
1995 - Subsec. (h). Pub. L. 104-66 struck out subsec. (h) which
read as follows: ''Periodic reports indicating the number and
location of fee collection areas, the number and location of
potential fee collection areas, capacity and visitation
information, the fees collected, and other pertinent data, shall be
coordinated and compiled by the Bureau of Outdoor Recreation and
transmitted to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate. Such reports, which shall be transmitted no later
than March 31 annually, shall include any recommendations which the
Bureau may have with respect to improving this aspect of the land
and water conservation fund program.''
1994 - Subsec. (h). Pub. L. 103-437 substituted ''Committee on
Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate'' for ''Committees on
Interior and Insular Affairs of the United States House of
Representatives and United States Senate''.
1993 - Subsec. (a). Pub. L. 103-66, Sec. 10001(a), in first
sentence inserted ''or National Conservation Areas'' after
''National Park System'' and '', National Monuments, National
Volcanic Monuments, National Scenic Areas, and no more than 21
areas of concentrated public use'' after ''National Recreation
Areas'' and inserted new second sentence defining ''area of
concentrated public use''.
Subsec. (a)(1)(A). Pub. L. 103-66, Sec. 10002(d), (e), designated
existing provisions as cl. (i), substituted ''The annual permit
shall be valid for a period of 12 months from the date the annual
fee is paid'' for ''The annual permit shall be valid during the
calendar year for which the annual fee is paid'', and added cl.
(ii).
Subsec. (a)(4). Pub. L. 103-66, Sec. 10001(b), substituted ''for
a one-time charge of $10'' for ''without charge''.
Subsec. (b). Pub. L. 103-66, Sec. 10002(a)(1), in first sentence,
substituted ''or toilet facilities, nor shall there be any such
charge solely for the use of picnic tables: Provided, That in no
event shall there be a charge for the use of any campground not
having a majority of the following: tent or trailer spaces, picnic
tables, drinking water, access road, refuse containers, toilet
facilities, personal collection of the fee by an employee or agent
of the Federal agency operating the facility, reasonable visitor
protection, and simple devices for containing a campfire (where
campfires are permitted).'' for ''toilet facilities, picnic tables,
or boat ramps: Provided, however, That a fee shall be charged for
boat launching facilities only where specialized facilities or
services such as mechanical or hydraulic boat lifts or facilities
are provided: And provided further, That in no event shall there be
a charge for the use of any campground not having the following -
tent or trailer spaces, drinking water, access road, refuse
containers, toilet facilities, personal collection of the fee by an
employee or agent of the Federal agency operating the facility,
reasonable visitor protection, and simple devices for containing a
campfire (where campfires are permitted).'', and inserted new
second sentence defining ''specialized outdoor recreation sites''.
Pub. L. 102-66, Sec. 5001(b) and 10002(a)(2), amended subsec. (b)
identically, striking out second sentence which read as follows:
''At each lake or reservoir under the jurisdiction of the Corps of
Engineers, United States Army, where camping is permitted, such
agency shall provide at least one primitive campground, containing
designated campsites, sanitary facilities, and vehicular access,
where no charge shall be imposed.''
Subsec. (i)(1). Pub. L. 103-66, Sec. 10002(b), designated
existing provisions as subpar. (A) and added subpar. (B).
Subsec. (n). Pub. L. 103-66, Sec. 10002(c), added subsec. (n).
1987 - Subsec. (a)(1). Pub. L. 100-203, Sec. 5201(a)(1), (2),
designated existing provisions as subpar. (A) and substituted
''$25'' for ''$10'', and added subpar. (B).
Subsec. (a)(2). Pub. L. 100-203, Sec. 5201(a)(3), inserted at end
''The fee for a single-visit permit at any designated area
applicable to those persons entering by private, noncommercial
vehicle shall be no more than $5 per vehicle. The single-visit
permit shall admit the permittee and all persons accompanying him
in a single vehicle. The fee for a single-visit permit at any
designated area applicable to those persons entering by any means
other than a private noncommercial vehicle shall be no more than $3
per person. Except as otherwise provided in this subsection, the
maximum fee amounts set forth in this paragraph shall apply to all
designated areas.''
Subsec. (a)(3). Pub. L. 100-203, Sec. 5201(a)(4), inserted at end
''Notwithstanding any other provision of this part, no admission
fee may be charged at any unit of the National Park System which
provides significant outdoor recreation opportunities in an urban
environment and to which access is publicly available at multiple
locations.''
Subsec. (a)(6) to (12). Pub. L. 100-203, Sec. 5201(a)(5), added
pars. (6) to (12).
Subsec. (f). Pub. L. 100-203, Sec. 5201(b), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows:
''Except as otherwise provided by law or as may be required by
lawful contracts entered into prior to September 3, 1964, providing
that revenues collected at particular Federal areas shall be
credited to specific purposes, all fees which are collected by any
Federal agency shall be covered into a special account in the
Treasury of the United States to be administered in conjunction
with, but separate from, the revenues in the Land and Water
Conservation Fund: Provided, That the head of any Federal agency,
under such terms and conditions as he deems appropriate, may
contract with any public or private entity to provide visitor
reservation services; and any such contract may provide that the
contractor shall be permitted to deduct a commission to be fixed by
the agency head from the amount charged the public for providing
such services and to remit the net proceeds therefrom to the
contracting agency. Revenues in the special account shall be
available for appropriation, without prejudice to appropriations
from other sources for the same purposes, for any authorized
outdoor recreation function of the agency by which the fees were
collected: Provided, however, That not more than forty per centum
of the amount so credited may be appropriated during the five
fiscal years following the enactment of this Act for the
enhancement of the fee collection system established by this
section, including the promotion and enforcement thereof.''
Subsecs. (i) to (m). Pub. L. 100-203, Sec. 5201(c), added
subsecs. (i) to (m).
1980 - Subsec. (a)(2). Pub. L. 96-344, Sec. 9(1), substituted
provision defining ''single visit'' as a more or less continuous
stay within a designated area and providing that payment of a
single visit admission authorizes exits from and reentries to a
single designated area for a period of from one to fifteen days,
such period to be determined by the administrating Secretary, for
provision defining ''single visit'' as the length of time a visitor
remained within the exterior boundary of a designated fee area
beginning from the first day he entered until he left, except that
on the same day the admission fee was paid, the visitor could leave
and reenter without paying an additional admission fee.
Subsec. (a)(5). Pub. L. 96-344, Sec. 9(2), added par. (5).
Subsec. (b). Pub. L. 96-344, Sec. 9(3), inserted '', or permittee
under paragraph (5) of subsection (a) of this section,'' after
''Passport permittee''.
1974 - Subsec. (a). Pub. L. 93-303, Sec. 1(b), inserted ''which
are operated and maintained by a Federal agency and'' after
''areas''.
Subsec. (a)(1). Pub. L. 93-303, Sec. 1(c), among other changes,
substituted ''The permittee'' for ''Any person purchasing the
annual permit'', inserted provisions authorizing the permittee and
his spouse, children, and parents accompanying him to enter an area
where entry is by any means other than private, noncommercial
vehicles, changed provisions which relate to the purchase of the
annual permit to allow its sale at any designated area instead of
through the offices of the Secretary of the Interior and the
Secretary of Agriculture, through all post offices of the first-
and second-class, and at such other offices as the Postmaster
General directed, and struck out provisions which empowered the
Secretary of the Interior to transfer to the Postal Service from
the permit receipts such funds as are adequate to reimburse the
Postal Service for the cost of the service.
Subsec. (a)(2). Pub. L. 93-303, Sec. 1(d), struck out ''or who
enter such an area by means other than by private, noncommercial
vehicle'' after ''annual permit'' in first sentence. See subsec.
(a)(1) of this section.
Subsec. (a)(4). Pub. L. 93-303, Sec. 1(e), substituted ''a
lifetime admission permit'' for ''an annual entrance permit'',
limited the issuance of this permit to citizens of, or persons
domiciled in the United States, and inserted provisions to allow
the permittee and his spouse and children accompanying him to enter
an area which entry is by any means other than private,
noncommercial vehicle.
Subsec. (b). Pub. L. 93-303, Sec. 1(f), (g), among other changes,
substituted ''daily recreation use fee'' for ''special recreation
use fees'', authorized a fee for boat launching facilities where
specialized facilities or services such as mechanical or hydraulic
boat lifts or facilities are provided, required the Corps of
Engineers to provide at least one primitive campground where no
charge shall be imposed at each lake or reservoir under its
jurisdiction, incorporated provisions formerly in subsec. (b)(1)
allowing any Golden Age Passport permittee to utilize the
recreation facilities at a rate of 50 per centum of the established
use fee, struck out the remainder of former subsec. (b)(1) which
related to determination of daily use fees for overnight occupancy,
and redesignated former subsec. (b)(2) as (c).
Subsec. (c). Pub. L. 93-303, Sec. 1(g), redesignated subsec.
(b)(2) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 93-303, Sec. 1(g), (h), redesignated subsec.
(c) as (d), and substituted therein ''a fee has been established
pursuant to this section'' for ''an admission fee or special
recreation use fee has been established''.
Subsec. (e). Pub. L. 93-303, Sec. 1(g), (i), redesignated subsec.
(d) as (e), and substituted therein ''collection of any fee
established pursuant to this section'' for ''collection of any
entrance fee and/or special recreation use fee, as the case may
be''.
Subsec. (f). Pub. L. 93-303, Sec. 1(g), (j), redesignated subsec.
(e) as (f), and inserted provisions therein empowering the head of
any Federal agency to contract with any public or private entity to
provide visitor reservation services.
Subsecs. (g), (h). Pub. L. 93-303, Sec. 1(g), redesignated
subsecs. (f) and (g) as (g) and (h), respectively.
1973 - Subsec. (a)(2). Pub. L. 93-81, Sec. 2, inserted definition
of ''single visit''.
Subsec. (b). Pub. L. 93-81, Sec. 1, inserted in opening paragraph
the proviso that there shall be no charge for the day use or
recreational use of facilities such as picnic areas, boat ramps,
where no mechanical or hydraulic equipment is provided, drinking
water, wayside exhibits, roads, trails, overlook sites, visitors'
centers, scenic drives and toilet facilities and that no fee be
charged for access to or use of campground not having flush
restrooms, showers, access and circulatory roads, sanitary disposal
stations, visitor protection control, designated tent or trailer
spaces, refuse containers and potable water.

-CHANGE-
CHANGE OF NAME
''United States magistrate judge'' substituted for ''United
States magistrate'' in subsec. (e) pursuant to section 321 of Pub.
L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.

-TRANS-
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official in
Department of the Interior related to compliance with rights-of-way
across recreation lands issued under this part and such functions
of Secretary or other official in Department of Agriculture,
insofar as they involve lands and programs under jurisdiction of
that Department, related to compliance with this part with respect
to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas
transferred to Federal Inspector, Office of Federal Inspector for
Alaska Natural Gas Transportation System, until first anniversary
of date of initial operation of Alaska Natural Gas Transportation
System, see Reorg. Plan No. 1 of 1979, Sec. 102(e), (f), 203(a), 44
F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set
out in the Appendix to Title 5, Government Organization and
Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested
in Inspector transferred to Secretary of Energy by section 3012(b)
of Pub. L. 102-486, set out as an Abolition of Office of Federal
Inspector note under section 719e of Title 15, Commerce and Trade.

-MISC5-
RECREATIONAL FEE DEMONSTRATION PROGRAM
Pub. L. 105-83, title I, Sec. 107, Nov. 14, 1997, 111 Stat. 1561,
provided that: ''In fiscal year 1998 and thereafter, for those
years in which the recreation fee demonstration program authorized
in Public Law 104-134 (set out below) is in effect, the fee
collection support authority provided in 16 U.S.C. 460l-6(i)(1)(B)
applies only to parks not included in the fee demonstration
program, and that the amount retained under this authority to cover
fee collection costs will not exceed those costs at the
non-demonstration parks, or 15 percent of all fees collected at
non-demonstration parks in a fiscal year whichever is less. Fee
collection costs for parks included in the fee demonstration
program will be covered by the fees retained at those parks.''
Pub. L. 104-134, title I, Sec. 101(c) (title III, Sec. 315), Apr.
26, 1996, 110 Stat. 1321-156, 1321-200; renumbered title I, Pub. L.
104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327, as amended by Pub.
L. 104-208, div. A, title I, Sec. 101(d) (title I, title III, Sec.
319), Sept. 30, 1996, 110 Stat. 3009-181, 3009-187, 3009-223; Pub.
L. 105-18, title II, Sec. 5001, June 12, 1997, 111 Stat. 181; Pub.
L. 105-83, title III, Sec. 320, Nov. 14, 1997, 111 Stat. 1596; Pub.
L. 105-277, div. A, Sec. 101(e) (title III, Sec. 327), Oct. 21,
1998, 112 Stat. 2681-231, 2681-291, provided that:
''(a) The Secretary of the Interior (acting through the Bureau of
Land Management, the National Park Service and the United States
Fish and Wildlife Service) and the Secretary of Agriculture (acting
through the Forest Service) shall each implement a fee program to
demonstrate the feasibility of user-generated cost recovery for the
operation and maintenance of recreation areas or sites and habitat
enhancement projects on Federal lands.
''(b) In carrying out the pilot program established pursuant to
this section, the appropriate Secretary shall select from areas
under the jurisdiction of each of the four agencies referred to in
subsection (a) no fewer than 10, but as many as 100, areas, sites
or projects for fee demonstration. For each such demonstration,
the Secretary, notwithstanding any other provision of law -
''(1) shall charge and collect fees for admission to the area
or for the use of outdoor recreation sites, facilities, visitor
centers, equipment, and services by individuals and groups, or
any combination thereof;
''(2) shall establish fees under this section based upon a
variety of cost recovery and fair market valuation methods to
provide a broad basis for feasibility testing;
''(3) may contract, including provisions for reasonable
commissions, with any public or private entity to provide visitor
services, including reservations and information, and may accept
services of volunteers to collect fees charged pursuant to
paragraph (1);
''(4) may encourage private investment and partnerships to
enhance the delivery of quality customer services and resource
enhancement, and provide appropriate recognition to such partners
or investors; and
''(5) may assess a fine of not more than $100 for any violation
of the authority to collect fees for admission to the area or for
the use of outdoor recreation sites, facilities, visitor centers,
equipment, and services.
''(c)(1) Amounts collected at each fee demonstration area, site
or project shall be distributed as follows:
''(A) Eighty percent to a special account in the Treasury for
use without further appropriation, by the agency which
administers the site, to remain available for expenditure in
accordance with paragraph (2)(A).
''(B) Twenty percent to a special account in the Treasury for
use without further appropriation, by the agency which
administers the site, to remain available for expenditure in
accordance with paragraph (2)(B).
''(C) For agencies other than the Fish and Wildlife Service and
the National Park Service, up to 15% of current year collections
of each agency, but not greater than fee collection costs for
that fiscal year, to remain available for expenditure without
further appropriation in accordance with paragraph (2)(C).
''(D) For agencies other than the Fish and Wildlife Service,
the balance to the special account established pursuant to
subparagraph (A) of section 4(i)(1) of the Land and Water
Conservation Fund Act (16 U.S.C. 460l-6a(i)(1)(A)), as amended.
''(E) For the Fish and Wildlife Service, the balance shall be
available to the Secretary of the Interior until expended to be
used in accordance with clauses (i), (ii), and (iii) of section
201(c)(A) of the Emergency Wetlands Resources Act of 1986 (16
U.S.C. 3911(c)(A)).
''(2)(A) Expenditures from site specific special funds shall be
for further activities of the area, site or project from which
funds are collected, and shall be accounted for separately.
''(B) Expenditures from agency specific special funds shall be
for use on an agency-wide basis and shall be accounted for
separately.
''(C) Expenditures from the fee collection support fund shall be
used to cover fee collection costs in accordance with section
4(i)(1)(B) of the Land and Water Conservation Fund Act (16 U.S.C.
460l-6a(i)(1)(B)), as amended: Provided, That funds unexpended and
unobligated at the end of the fiscal year shall not be deposited
into the special account established pursuant to section 4(i)(1)(A)
of said Act and shall remain available for expenditure without
further appropriation.
''(3) In order to increase the quality of the visitor experience
at public recreational areas and enhance the protection of
resources, amounts available for expenditure under this section may
only be used for the area, site or project concerned, for
backlogged repair and maintenance projects (including projects
relating to health and safety) and for interpretation, signage,
habitat or facility enhancement, resource preservation, annual
operation (including fee collection), maintenance, and law
enforcement relating to public use. The agencywide accounts may be
used for the same purposes set forth in the preceding sentence, but
for areas, sites or projects selected at the discretion of the
respective agency head.
''(d)(1) Amounts collected under this section shall not be taken
into account for the purposes of the Act of May 23, 1908 (16 U.S.C.
500) and the Act of March 1, 1911 (16 U.S.C. 500) (see Short Title
note under section 552 of this title), the Act of March 4, 1913 (16
U.S.C. 501) (see References in Text notes under section 156 of
Title 21, Food and Drugs), the Act of July 22, 1937 (7 U.S.C. 1012)
(see section 1000 of Title 7, Agriculture), the Act of August 8
(28), 1937 (43 U.S.C. 1181a et seq.) and the Act of May 24, 1939
(43 U.S.C. 1181f et seq.) (43 U.S.C. 1181f-1 et seq.), the Act of
June 14, 1926 (43 U.S.C. 869-4) (43 U.S.C. 869 et seq.), chapter 69
of title 31, United States Code, section 401 of the Act of June 15,
1935 (16 U.S.C. 715s), the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l) (16 U.S.C. 460l-4 et seq.), and any other
provision of law relating to revenue allocation.
''(2) Fees charged pursuant to this section shall be in lieu of
fees charged under any other provision of law.
''(e) The Secretary of the Interior and the Secretary of
Agriculture shall carry out this section without promulgating
regulations.
''(f) The authority to collect fees under this section shall
commence on October 1, 1995, and end on September 30, 2001. Funds
in accounts established shall remain available through September
30, 2004.''
STUDY TO ASSESS TRAFFIC CONGESTION AND OVERCROWDING AT CERTAIN PARK
SYSTEM UNITS
Section 5201(e) of Pub. L. 100-203 directed Secretary of the
Interior to assess extent to which traffic congestion and
overcrowding occurs at certain park system units during times of
seasonally high usage and to conduct a study of (A) feasibility of
reducing vehicular traffic within national park system units
through fee reductions for visitors traveling by bus and through
other means which could shift visitation from automobiles to buses,
and (B) feasibility of encouraging more even seasonal distribution
of visitation, with study to include a pilot project to be carried
out in Yosemite National Park, and a report containing results of
study to be transmitted to Committee on Interior and Insular
Affairs of House of Representatives and to Committee on Energy and
Natural Resources of Senate within 3 years after Dec. 22, 1987.
PROHIBITION ON ENTRANCE FEE AT STATUE OF LIBERTY NATIONAL MONUMENT
Pub. L. 100-55, June 19, 1987, 101 Stat. 371, provided: ''That,
notwithstanding any other provision of law, after the date of
enactment of this Act (June 19, 1987), the Secretary of the
Interior shall not charge any entrance or admission fee at the
Statue of Liberty National Monument, New Jersey and New York.''
ESTABLISHMENT AND COLLECTION OF USE OR ROYALTY FEES FOR
MANUFACTURE, REPRODUCTION, OR USE OF ''GOLDEN EAGLE INSIGNIA''
Section 3(a) of Pub. L. 92-347 provided that: ''The Secretary of
the Interior may establish and collect use or royalty fees for the
manufacture, reproduction, or use of 'The Golden Eagle Insignia',
originated by the Department of the Interior and announced in the
December 3, 1970, issue of the Federal Register (35 Federal
Register 18376) as the official symbol for Federal recreation areas
designated for recreation fee collection. Any fees collected
pursuant to this subsection shall be covered into the Land and
Water Conservation Fund.''
TERMINATION OF RIGHTS IN ''GOLDEN EAGLE INSIGNIA''
Section 3(d) of Pub. L. 92-347 provided that: ''The rights in
'The Golden Eagle Insignia' under this Act (which enacted this
section and section 715 of title 18, enacted notes set out
hereunder, and repealed note set out under section 460l-5 of this
title), shall terminate if the use by the Secretary of the Interior
of 'The Golden Eagle Insignia' is abandoned. Nonuse for a
continuous period of two years shall constitute abandonment.''

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 450bb-2, 460d-3, 460l-6,
698u-3, 3911, 5994, 5995 of this title.