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16 U.S.C. § 8561 — Cost recovery reform

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8561 — Cost recovery reform

**(a) Cost recovery for special recreation permits** In addition to a fee collected under [section 6802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6802&num=0&edition=prelim) or any other authorized fee collected by the Secretary concerned, the Secretary concerned may assess and collect a reasonable fee from an applicant for, or holder of, a special recreation permit to recover administrative costs incurred by the Secretary concerned for— (1) processing a proposal or application for the special recreation permit; (2) issuing the special recreation permit; and (3) monitoring the special recreation permit to ensure compliance with the terms and conditions of the special recreation permit. **(b) De minimis exemption from cost recovery** If the administrative costs described in subsection (a) are assessed on an hourly basis, the Secretary concerned shall— (1) establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administrative costs described in subsection (a); and (2) charge an applicant only for any hours that exceed the de minimis threshold. **(c) Multiple applications** If the Secretary concerned collectively processes multiple applications for special recreation permits for the same or similar services in the same unit of Federal recreational lands and waters, the Secretary concerned shall, to the extent practicable— (1) assess from the applicants the fee described in subsection (a) on a prorated basis; and (2) apply the exemption described in subsection (b) to each applicant on an individual basis. **(d) Limitation** The Secretary concerned shall not assess or collect administrative costs under this section for a programmatic environmental review.

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Stable record: federal_law:legal_authorities:record_usc_0c58df550990bb73b485fa4b
Source file: Laws/federal/codes/united-states-code/title-16/section-8561-cost-recovery-reform--04e33391ed.md
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Source location: Title 16, Chapter 103, § 8561; chapter-103-expanding-public-lands-outdoor-recreation-experiences.md

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**(a) Cost recovery for special recreation permits** In addition to a fee collected under [section 6802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6802&num=0&edition=prelim) or any other authorized fee collected by the Secretary concerned, the Secretary concerned may assess and collect a reasonable fee from an applicant for, or holder of, a special recreation permit to recover administrative costs incurred by the Secretary concerned for— (1) processing a proposal or application for the special recreation permit; (2) issuing the special recreation permit; and (3) monitoring the special recreation permit to ensure compliance with the terms and conditions of the special recreation permit. **(b) De minimis exemption from cost recovery** If the administrative costs described in subsection (a) are assessed on an hourly basis, the Secretary concerned shall— (1) establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administrative costs described in subsection (a); and (2) charge an applicant only for any hours that exceed the de minimis threshold. **(c) Multiple applications** If the Secretary concerned collectively processes multiple applications for special recreation permits for the same or similar services in the same unit of Federal recreational lands and waters, the Secretary concerned shall, to the extent practicable— (1) assess from the applicants the fee described in subsection (a) on a prorated basis; and (2) apply the exemption described in subsection (b) to each applicant on an individual basis. **(d) Limitation** The Secretary concerned shall not assess or collect administrative costs under this section for a programmatic environmental review. **(e) Cost reduction** To the maximum extent practicable, the agency processing an application for a special recreation permit shall use existing studies and analysis to reduce the quantity of work and costs necessary to process the application.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6802 — 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 6803(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6803/d&num=0&edition=prelim). (6) The Secretary shall consider such other factors or criteria as determined appropriate by the Secretary. **(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, or programs. **(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 chapter for any of the following:

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8561 — Untitled legal text

Page 2731 TITLE 16—CONSERVATION § 8203 (E) 1 shall be a representative of the Asso- ciation of Fish and Wildlife Agencies; (F) 4 shall be representatives of State agencies, 1 of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, South- east, Midwest, and Western regions of the United States; (G) 2 shall be representatives of Indian Tribes, of whom— (i) 1 shall be a representative of Indian Tribes in the State of Alaska; and (ii) 1 shall be a representative of Indian Tribes in States other than the State of Alaska; (H) 2 shall be representatives of— (i) the Regional Fishery Management Councils established by section 1852(a)(1) of this title; or (ii) the Marine Fisheries Commissions; (I) 1 shall be a representative of the Sport Fishing and Boating Partnership Council; (J) 7 shall be representatives selected from at least one from each of the following: (i) the recreational sportfishing indus- try; (ii) the commercial fishing industry; (iii) marine recreational anglers; (iv) freshwater recreational anglers; (v) habitat conservation organizations; and (vi) science-based fishery organizations; (K) 1 shall be a representative of a na- tional private landowner organization; (L) 1 shall be a representative of an agri- cultural production organization; (M) 1 shall be a representative of local gov- ernment interests involved in fish habitat restoration; (N) 2 shall be representatives from dif- ferent sectors of corporate industries, which may include— (i) natural resource commodity inter- ests, such as petroleum or mineral extrac- tion; (ii) natural resource user industries; and (iii) industries with an interest in fish and fish habitat conservation; and (O) 1 shall be an individual in a lead

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