16 U.S.C. § 6809 — Sunset provision

Page 2656 TITLE 16—CONSERVATION § 6808 to hunting, fishing, wildlife observation, or photography; (D) law enforcement related to public use and recreation; (E) direct operating or capital costs associ- ated with the recreation fee program; (F) a fee management agreement estab- lished under section 6805(a) of this title or a visitor reservation service; (G) the processing of special recreation permit applications and administration of special recreation permits; and (H) the improvement of the operation of the special recreation permit program under section 6802(h) of this title. (b) Limitation on use of fees The Secretary may not use any recreation fees for biological monitoring on Federal rec- reational lands and waters under the Endan- gered Species Act of 1973 [16 U.S.C. 1531 et seq.] for listed or candidate species. (c) Administration, overhead, and indirect costs The Secretary may use not more than an aver- age of 15 percent of total revenues collected under this chapter for administration, overhead, and indirect costs related to the recreation fee program by that Secretary. (d) Transitional exception Notwithstanding any other provision of this chapter, the Secretary may use amounts avail- able in the special account of a Federal land management agency to supplement administra- tion and marketing costs associated with— (1) the National Parks and Federal Rec- reational Lands Pass during the 5-year period beginning on the date the joint guidelines are issued under section 6804(a)(7) of this title; and (2) a regional multientity pass authorized section 6804(d) of this title during the 5-year period beginning on the date the regional multientity pass agreement for that recre- ation pass takes effect. (Pub. L. 108–447, div. J, title VIII, § 808, Dec. 8, 2004, 118 Stat. 3388; Pub. L. 111–11, title VII, § 7116(h), Mar. 30, 2009, 123 Stat. 1203; Pub. L. 118–234, title III, § 311(d), Jan. 4, 2025, 138 Stat. 2897.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (b), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1531 of this title and Tables. AMENDMENTS 2025—Subsec. (a)(3)(F). Pub. L. 118–234, § 311(d)(2)(B), made technical amendment to reference in original act which appears in text as reference to section 6805(a) of this title and substituted semicolon for period at end. Subsec. (a)(3)(G), (H). Pub. L. 118–234, § 311(d)(2)(A), (C), added subpars. (G) and (H). Subsecs. (c), (d). Pub. L. 118–234, § 311(d)(1), made tech- nical amendment to references in original act which appear in text of subsec. (c) and in introductory provi- sions of subsec. (d) as references to this chapter. Subsec. (d)(1). Pub. L. 118–234, § 311(d)(3)(A), made technical amendment to reference in original act which appears in text as reference to section 6804(a)(7) of this title. Subsec. (d)(2). Pub. L. 118–234, § 311(d)(3)(B), made technical amendment to reference in original act which appears in text as reference to section 6804(d) of this title. 2009—Subsec. (a)(1)(F). Pub. L. 111–11, which directed technical amendment in subsec. (a)(1)(F) to reference in original act which appears in text as reference to sec- tion 6805(a) of this title, could not be executed because there is no subsec. (a)(1)(F) of this section. § 6808. Reports Not later than May 1, 2006, and every 3 years thereafter, the Secretary shall submit to Con- gress a report detailing the status of the recre- ation fee program conducted for Federal rec- reational lands and waters, including an evalua- tion of the recreation fee program, examples of projects that were funded using such fees, and future projects and programs for funding with fees, and containing any recommendations for changes in the overall fee system. (Pub. L. 108–447, div. J, title VIII, § 809, Dec. 8, 2004, 118 Stat. 3389.) § 6809. Sunset provision The authority of the Secretary to carry out this chapter shall terminate September 30, 2031. (Pub. L. 108–447, div. J, title VIII, § 810, Dec. 8, 2004, 118 Stat. 3389; Pub. L. 113–235, div. F, title IV, § 422, Dec. 16, 2014, 128 Stat. 2449; Pub. L. 114–53, div. B, § 134, Sept. 30, 2015, 129 Stat. 509, renumbered div. B, Pub. L. 114–113, § 8(3), Dec. 18, 2015, 129 Stat. 2245; Pub. L. 114–223, div. C, § 133, Sept. 29, 2016, 130 Stat. 914; Pub. L. 115–56, div. D, § 131, Sept. 8, 2017, 131 Stat. 1145; Pub. L. 118–234, title III, § 311(e), Jan. 4, 2025, 138 Stat. 2898.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, and was translated as reading ‘‘this title’’, meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands Recre- ation Enhancement Act, to reflect the probable intent of Congress. For complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables. AMENDMENTS 2025—Pub. L. 118–234 substituted ‘‘2031’’ for ‘‘2019’’. 2017—Pub. L. 115–56 substituted ‘‘September 30, 2019’’ for ‘‘September 30, 2018’’. 2016—Pub. L. 114–223 substituted ‘‘September 30, 2018’’ for ‘‘September 30, 2017’’. 2015—Pub. L. 114–53 substituted ‘‘September 30, 2017.’’ for ‘‘on September 30, 2016.’’ 2014—Pub. L. 113–235 substituted ‘‘on September 30, 2016’’ for ‘‘10 years after December 8, 2004’’. Amendment was executed as the probable intent of Congress, not- withstanding error in directory language which ref- erenced the editorial translation of ‘‘December 8, 2004’’ rather than ‘‘the date of the enactment of this Act’’ which appeared in the original. Statutory Notes and Related Subsidiaries RECREATION FEES Pub. L. 118–42, div. E, title IV, § 421, Mar. 9, 2024, 138 Stat. 290, provided that: ‘‘Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) Page 2657 TITLE 16—CONSERVATION § 6812 1 See References in Text note below. shall be applied by substituting ‘October 1, 2025’ for ‘September 30, 2019’.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–328, div. G, title IV, § 421, Dec. 29, 2022, 136 Stat. 4826. Pub. L. 117–103, div. G, title IV, § 421, Mar. 15, 2022, 136 Stat. 415. Pub. L. 116–260, div. G, title IV, § 423, Dec. 27, 2020, 134 Stat. 1541. Pub. L. 116–94, div. D, title IV, § 425, Dec. 20, 2019, 133 Stat. 2748. Pub. L. 116–6, div. E, title IV, § 427, Feb. 15, 2019, 133 Stat. 264. § 6810. Volunteers (a) Authority to use volunteers The Secretary may use volunteers, as appro- priate, to collect recreation fees and sell recre- ation passes. (b) Waiver or discount of fees; site-specific agen- cy pass In exchange for volunteer services, the Sec- retary may waive or discount an entrance fee, standard amenity recreation fee, or an expanded amenity recreation fee that would otherwise apply to the volunteer or issue to the volunteer a site-specific agency pass authorized under sec- tion 6804(c) of this title. (c) National Parks and Federal Recreational Lands Pass In accordance with the guidelines issued under section 6804(a)(7) of this title, the Secretaries may issue a National Parks and Federal Rec- reational Lands Pass to a volunteer in exchange for significant volunteer services performed by the volunteer. (d) Regional multientity passes The Secretary may issue a regional multi- entity pass authorized under section 6804(d) of this title to a volunteer in exchange for signifi- cant volunteer services performed by the volun- teer, if the regional multientity pass agreement under which the regional multientity pass was established provides for the issuance of the pass to volunteers. (Pub. L. 108–447, div. J, title VIII, § 811, Dec. 8, 2004, 118 Stat. 3389.) Editorial Notes REFERENCES IN TEXT Section 6804 of this title, referred to in subsecs. (b) to (d), was in the original a reference to section 5, and was translated as meaning section 805 of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent of Con- gress. § 6811. Enforcement and protection of receipts (a) Enforcement authority The Secretary concerned shall enforce pay- ment of the recreation fees authorized by this chapter. (b) Evidence of nonpayment If the display of proof of payment of a recre- ation fee, or the payment of a recreation fee within a certain time period is required, failure to display such proof as required or to pay the recreation fee within the time period specified shall constitute nonpayment. (c) Joint liability The registered owner and any occupant of a vehicle charged with a nonpayment violation in- volving the vehicle shall be jointly liable for penalties imposed under this section, unless the registered owner can show that the vehicle was used without the registered owner’s express or implied permission. (d) Limitation on penalties The failure to pay a recreation fee established under this chapter shall be punishable as a Class A or Class B misdemeanor, except that in the case of a first offense of nonpayment, the fine imposed may not exceed $100, notwithstanding section 3571(e) of title 18. (Pub. L. 108–447, div. J, title VIII, § 812, Dec. 8, 2004, 118 Stat. 3390.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (d), was in the original ‘‘this Act’’, and was translated as read- ing ‘‘this title’’, meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classifica- tion of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables. § 6812. Repeal of superseded admission and use fee authorities (a) Land and Water Conservation Fund Act Subsections (a), (b), (c), (d), (e), (f), (g), and (i) (except for paragraph (1)(C)) of section 4 1 of the Land and Water Conservation Fund Act of 1965 are repealed, except that the Secretary may continue to issue Golden Eagle Passports, Gold- en Age Passports, and Golden Access Passports under such section until the date the notice re- quired by section 6804(a)(3) of this title is pub- lished in the Federal Register regarding the es- tablishment of the National Parks and Federal Recreational Lands Pass. (b) Recreational fee demonstration program Section 315 1 of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as contained in section 101(c) of Public Law 104–134), is repealed. (c) Admission permits for refuge units Section 3911 of this title is repealed. (d) National park passport, Golden Eagle Pass- port, Golden Age Passport, and Golden Ac- cess Passport Effective on the date the notice required by section 6804(a)(3) of this title is published in the Federal Register, the following provisions of law authorizing the establishment of a national park passport program or the establishment and sale of a national park passport, Golden Eagle Passport, Golden Age Passport, or Golden Ac- cess Passport are repealed: (1) Section 502 1 of the National Parks Omni- bus Management Act of 1998 (Public Law 105–391). (2) Title VI 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391).