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(continued)
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: (!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.

(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) (!2) entitled "An Act relating to the establishment of
concession policies in the areas administered by the National
Park Service and for other purposes."


(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, Secs. 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, Secs. 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.


-MISC1-
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, Secs. 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, Secs. 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.


-MISC2-
NATIONAL PARK SERVICE ENTRANCE AND RECREATIONAL USE FEES
Pub. L. 106-176, title III, Sec. 310, Mar. 10, 2000, 114 Stat.
34, provided that:
"(a) The Secretary of the Interior is authorized to retain and
expend revenues from entrance and recreation use fees at units of
the National Park System where such fees are collected under
section 4 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-6a), notwithstanding the provisions of section 4(i) of
such Act. Fees shall be retained and expended in the same manner
and for the same purposes as provided under the Recreational Fee
Demonstration Program (section 315 of Public Law 104-134, as
amended (16 U.S.C. 460l-6a note)[)].
"(b) Nothing in this section shall affect the collection of fees
at units of the National Park System designated as fee
demonstration projects under the Recreational Fee Demonstration
Program.
"(c) The authorities in this section shall expire upon the
termination of the Recreational Fee Demonstration Program."

RECREATION USER FEES
Pub. L. 106-53, title II, Sec. 225, Aug. 17, 1999, 113 Stat. 297,
provided that:
"(a) Withholding of Amounts. -
"(1) In general. - During fiscal years 1999 through 2002, the
Secretary [of the Army] may withhold from the special account
established under section 4(i)(1)(A) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(A)) 100
percent of the amount of receipts above a baseline of $34,000,000
per each fiscal year received from fees imposed at recreation
sites under the administrative jurisdiction of the Department of
the Army under section 4(b) of that Act (16 U.S.C. 460l-6a(b)).
"(2) Use. - The amounts withheld shall be retained by the
Secretary and shall be available, without further Act of
appropriation, for expenditure by the Secretary in accordance
with subsection (b).
"(3) Availability. - The amounts withheld shall remain
available until September 30, 2005.
"(b) Use of Amounts Withheld. - In order to increase the quality
of the visitor experience at public recreational areas and to
enhance the protection of resources, the amounts withheld under
subsection (a) may be used only for -
"(1) repair and maintenance projects (including projects
relating to health and safety);
"(2) interpretation;
"(3) signage;
"(4) habitat or facility enhancement;
"(5) resource preservation;
"(6) annual operation (including fee collection);
"(7) maintenance; and
"(8) law enforcement related to public use.
"(c) Availability. - Each amount withheld by the Secretary [of
the Army] shall be available for expenditure, without further Act
of appropriation, at the specific project from which the amount,
above baseline, is collected."

RECREATIONAL FEE DEMONSTRATION PROGRAM
Pub. L. 108-108, title III, Sec. 319, Nov. 10, 2003, 117 Stat.
1306, provided that: "A project undertaken by the Forest Service
under the Recreation Fee Demonstration Program as authorized by
section 315 of the Department of the Interior and Related Agencies
Appropriations Act for Fiscal Year 1996, as amended [Pub. L.
104-134, set out below], shall not result in -
"(1) displacement of the holder of an authorization to provide
commercial recreation services on Federal lands. Prior to
initiating any project, the Secretary shall consult with
potentially affected holders to determine what impacts the
project may have on the holders. Any modifications to the
authorization shall be made within the terms and conditions of
the authorization and authorities of the impacted agency; and
"(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided in
the past by a private sector provider, except when -
"(A) the private sector provider fails to bid on such
opportunities;
"(B) the private sector provider terminates its relationship
with the agency; or
"(C) the agency revokes the permit for non-compliance with
the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee Demonstration
Program to provide for operations until a subsequent operator can
be found through the offering of a new prospectus."
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 108-7, div. F, title III, Sec. 319, Feb. 20, 2003, 117
Stat. 274.
Pub. L. 107-63, title III, Sec. 325, Nov. 5, 2001, 115 Stat. 470.
Pub. L. 106-291, title III, Sec. 334, Oct. 11, 2000, 114 Stat.
997.
Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title III, Sec. 344],
Nov. 29, 1999, 113 Stat. 1535, 1501A-203.
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; Pub. L. 106-291, title III,
Sec. 336, Oct. 11, 2000, 114 Stat. 997; Pub. L. 107-63, title III,
Sec. 312, Nov. 5, 2001, 115 Stat. 466; Pub. L. 108-108, title III,
Sec. 332, Nov. 10, 2003, 117 Stat. 1309, 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) 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, including the
provision of discounted or free admission or use as the Secretary
considers appropriate;
"(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.
"(D) None of the funds collected under this section may be used
to plan, design, or construct a visitor center or any other
permanent structure without prior approval of the Committee on
Appropriations of the House of Representatives and the Committee on
Appropriations of the Senate if the estimated total cost of the
structure exceeds $500,000.
"(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 [16U.S.C. (continued)