Right2travel.com cites the Federal Lands Recreation Enhancement Act because the right to travel is written into the act. The right to travel or public vehicular travel is federally protected nation wide because it is a constitutionally protected right, and must be regarded when making laws as it is in this act.
FEDERAL LANDS RECREATION ENHANCEMENT ACT (FLREA)
PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3377
118 STAT. 3377
VIII—FEDERAL LANDS RECREATION ENHANCEMENT ACT
SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the ‘‘Federal
Lands Recreation Enhancement Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 801. Short title and table of contents.
Sec. 802. Definitions.
Sec. 803. Recreation fee authority.
Sec. 804. Public participation.
Sec. 805. Recreation passes.
Sec. 806. Cooperative agreements.
Sec. 807. Special account and distribution of fees and revenues.
Sec. 808. Expenditures.
Sec. 809. Reports.
Sec. 810. Sunset provision.
Sec. 811. Volunteers.
Sec. 812. Enforcement and protection of receipts.
Sec. 813. Repeal of superseded admission and use fee authorities.
Sec. 814. Relation to other laws and fee collection authorities.
Sec. 815. Limitation on use of fees for employee bonuses.
SEC. 802. DEFINITIONS.
In this Act:
(1) STANDARD AMENITY RECREATION FEE.—The term ‘‘standard amenity recreation fee’’ means the recreation fee authorized by section 3(f).
(2) EXPANDED AMENITY RECREATION FEE.—The term
‘‘expanded amenity recreation fee’’ means the recreation fee authorized by section 3(g).
(3) ENTRANCE FEE.—The term ‘‘entrance fee’’ means the recreation fee authorized to be charged to enter onto lands managed by the National Park Service or the United States
Fish and Wildlife Service.
(4) FEDERAL LAND MANAGEMENT AGENCY.—The term ‘‘Federal land management agency’’ means the National Park Service, the United States Fish and Wildlife Service, the Bureau
16 USC 6801.
16 USC 6801
16 USC 461 note.
118 STAT. 3378 PUBLIC LAW 108–447—DEC. 8, 2004 of Land Management, the Bureau of Reclamation, or the Forest Service.
(5) FEDERAL RECREATIONAL LANDS AND WATERS.—The term
‘‘Federal recreational lands and waters’’ means lands or waters managed by a Federal land management agency.
(6) NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS
PASS.—The term ‘‘National Parks and Federal Recreational Lands Pass’’ means the interagency national pass authorized by section 5.
(7) PASSHOLDER.—The term ‘‘passholder’’ means the person who is issued a recreation pass.
(8) RECREATION FEE.—The term ‘‘recreation fee’’ means an entrance fee, standard amenity recreation fee, expanded amenity recreation fee, or special recreation permit fee.
(9) RECREATION PASS.—The term ‘‘recreation pass’’ means the National Parks and Federal Recreational Lands Pass or one of the other recreation passes available as authorized by section 5.
(10) SECRETARY.—The term ‘‘Secretary’’ means—
(A) the Secretary of the Interior, with respect to a Federal land management agency (other than the Forest Service); and
(B) the Secretary of Agriculture, with respect to the Forest Service.
(11) SECRETARIES.—The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agriculture acting jointly.
(12) SPECIAL ACCOUNT.—The term ‘‘special account’’ means the special account established in the Treasury under section 7 for a Federal land management agency.
(13) SPECIAL RECREATION PERMIT FEE.—The term ‘‘special recreation permit fee’’ means the fee authorized by section 3(h).
SEC. 803. RECREATION FEE AUTHORITY.
(a) AUTHORITY OF SECRETARY.—Beginning in fiscal year 2005 and thereafter, the Secretary may establish, modify, charge, and collect recreation fees at Federal recreational lands and waters as provided for in this section.
(b) BASIS FOR RECREATION FEES.—Recreation fees shall be established in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be commensurate with the benefits and services provided to the visitor.
(2) The Secretary shall consider the aggregate effect of recreation fees on recreation users and recreation service providers.
(3) The Secretary shall consider comparable fees charged elsewhere and by other public agencies and by nearby private sector operators.
(4) The Secretary shall consider the public policy or management objectives served by the recreation fee.
(5) The Secretary shall obtain input from the appropriate
Recreation Resource Advisory Committee, as provided in section
(6) The Secretary shall consider such other factors or criteria
as determined appropriate by the Secretary.
16 USC 6802.
PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3379
(c) SPECIAL CONSIDERATIONS.—The Secretary shall establish
the minimum number of recreation fees and shall avoid the collection
of multiple or layered recreation fees for similar uses, activities,
(d) LIMITATIONS ON RECREATION FEES.—
(1) PROHIBITION ON FEES FOR CERTAIN ACTIVITIES OR SERVICES.—
The Secretary shall not charge any standard amenity recreation fee or expanded amenity recreation fee for Federal recreational lands and waters administered by the Bureau of
Land Management, the Forest Service, or the Bureau of Reclamation under this Act for any of the following:
(A) Solely for parking, undesignated parking, or picnicking
along roads or trailsides.
(B) For general access unless specifically authorized
under this section.
(C) For dispersed areas with low or no investment
unless specifically authorized under this section.
(D) For persons who are driving through, walking
through, boating through, horseback riding through, or
hiking through Federal recreational lands and waters without
using the facilities and services.
(E) For camping at undeveloped sites that do not provide
a minimum number of facilities and services as
described in subsection (g)(2)(A).
(F) For use of overlooks or scenic pullouts.
(G) For travel by private, noncommercial vehicle over
any national parkway or any road or highway established
as a part of the Federal-aid System, as defined in section
101 of title 23, United States Code, which is commonly
used by the public as a means of travel between two
places either or both of which are outside any unit or
area at which recreation fees are charged under this Act.
(H) For travel by private, noncommercial vehicle, boat,
or aircraft over any road or highway, waterway, or airway
to any land in which such person has any property right
if such land is within any unit or area at which recreation
fees are charged under this Act.
(I) For any person who has a right of access for hunting
or fishing privileges under a specific provision of law or
(J) For any person who is engaged in the conduct
of official Federal, State, Tribal, or local government business.
(K) For special attention or extra services necessary
to meet the needs of the disabled.
(2) RELATION TO FEES FOR USE OF HIGHWAYS OR ROADS.—
An entity that pays a special recreation permit fee or similar
permit fee shall not be subject to a road cost-sharing fee or
a fee for the use of highways or roads that are open to private,
noncommercial use within the boundaries of any Federal recreational
lands or waters, as authorized under section 6 of
Public Law 88–657 (16 U.S.C. 537; commonly known as the
Forest Roads and Trails Act).
(3) PROHIBITION ON FEES FOR CERTAIN PERSONS OR
PLACES.—The Secretary shall not charge an entrance fee or
standard amenity recreation fee for the following:
(A) Any person under 16 years of age.
118 STAT. 3380 PUBLIC LAW 108–447—DEC. 8, 2004
(B) Outings conducted for noncommercial educational
purposes by schools or bona fide academic institutions.
(C) The U.S.S. Arizona Memorial, Independence
National Historical Park, any unit of the National Park
System within the District of Columbia, or Arlington
House-Robert E. Lee National Memorial.
(D) The Flight 93 National Memorial.
(E) Entrance on other routes into the Great Smoky
Mountains National Park or any part thereof unless fees
are charged for entrance into that park on main highways
(F) Entrance on units of the National Park System
containing deed restrictions on charging fees.
(G) An area or unit covered under section 203 of the
Alaska National Interest Lands Conservation Act (Public
Law 96–487; 16 U.S.C. 410hh–2), with the exception of
Denali National Park and Preserve.
(H) A unit of the National Wildlife Refuge System
created, expanded, or modified by the Alaska National
Interest Lands Conservation Act (Public Law 96–487).
(I) Any person who visits a unit or area under the
jurisdiction of the United States Fish and Wildlife Service
and who has been issued a valid migratory bird hunting
and conservation stamp issued under section 2 of the Act
of March 16, 1934 (16 U.S.C. 718b; commonly known as
the Duck Stamp Act).
(J) Any person engaged in a nonrecreational activity
authorized under a valid permit issued under any other
Act, including a valid grazing permit.
(4) NO RESTRICTION ON RECREATION OPPORTUNITIES.—
Nothing in this Act shall limit the use of recreation opportunities
only to areas designated for collection of recreation fees.
(e) ENTRANCE FEE.—
(1) AUTHORIZED SITES FOR ENTRANCE FEES.—The Secretary
of the Interior may charge an entrance fee for a unit of the
National Park System, including a national monument administered
by the National Park Service, or for a unit of the National
Wildlife Refuge System.
(2) PROHIBITED SITES.—The Secretary shall not charge an
entrance fee for Federal recreational lands and waters managed
by the Bureau of Land Management, the Bureau of Reclamation,
or the Forest Service.
(f) STANDARD AMENITY RECREATION FEE.—Except as limited
by subsection (d), the Secretary may charge a standard amenity
recreation fee for Federal recreational lands and waters under
the jurisdiction of the Bureau of Land Management, the Bureau
of Reclamation, or the Forest Service, but only at the following:
(1) A National Conservation Area.
(2) A National Volcanic Monument.
(3) A destination visitor or interpretive center that provides
a broad range of interpretive services, programs, and media.
(4) An area—
(A) that provides significant opportunities for outdoor
(B) that has substantial Federal investments;
(C) where fees can be efficiently collected; and
(D) that contains all of the following amenities:
PUBLIC LAW 108–447—DEC. 8, 2004 118 STAT. 3381
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or kiosk.
(v) Picnic tables.
(vi) Security services.
(g) EXPANDED AMENITY RECREATION FEE.—
(1) NPS AND USFWS AUTHORITY.—Except as limited by subsection
(d), the Secretary of the Interior may charge an
expanded amenity recreation fee, either in addition to an
entrance fee or by itself, at Federal recreational lands and
waters under the jurisdiction of the National Park Service
or the United States Fish and Wildlife Service when the Secretary
of the Interior determines that the visitor uses a specific
or specialized facility, equipment, or service.
(2) OTHER FEDERAL LAND MANAGEMENT AGENCIES.—Except
as limited by subsection (d), the Secretary may charge an
expanded amenity recreation fee, either in addition to a
standard amenity fee or by itself, at Federal recreational lands
and waters under the jurisdiction of the Forest Service, the
Bureau of Land Management, or the Bureau of Reclamation,
but only for the following facilities or services:
(A) Use of developed campgrounds that provide at least
a majority of the following:
(i) Tent or trailer spaces.
(ii) Picnic tables.
(iii) Drinking water.
(iv) Access roads.
(v) The collection of the fee by an employee or
agent of the Federal land management agency.
(vi) Reasonable visitor protection.
(vii) Refuse containers.
(viii) Toilet facilities.
(ix) Simple devices for containing a campfire.
(B) Use of highly developed boat launches with specialized
facilities or services such as mechanical or hydraulic
boat lifts or facilities, multi-lane paved ramps, paved
parking, restrooms and other improvements such as
boarding floats, loading ramps, or fish cleaning stations.
(C) Rental of cabins, boats, stock animals, lookouts,
historic structures, group day-use or overnight sites, audio
tour devices, portable sanitation devices, binoculars or
(D) Use of hookups for electricity, cable, or sewer.
(E) Use of sanitary dump stations.
(F) Participation in an enhanced interpretive program
or special tour.
(G) Use of reservation services.
(H) Use of transportation services.
(I) Use of areas where emergency medical or firstaid
services are administered from facilities staffed by
public employees or employees under a contract or reciprocal
agreement with the Federal Government.
(J) Use of developed swimming sites that provide at
least a majority of the following:
(i) Bathhouse with showers and flush toilets.
(ii) Refuse containers.
118 STAT. 3382 PUBLIC LAW 108–447—DEC. 8, 2004
(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including lifeguards.
(vi) Floats encompassing the swimming area.
(vii) Swimming deck.
(h) SPECIAL RECREATION PERMIT FEE.—The Secretary may issue
a special recreation permit, and charge a special recreation permit
fee in connection with the issuance of the permit, for specialized
recreation uses of Federal recreational lands and waters, such as
group activities, recreation events, motorized recreational vehicle
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