16 U.S.C. § 6803 — Public participation

Page 2649 TITLE 16—CONSERVATION § 6803 work is performed using recreation fee and recreation pass revenues collected under this section. (4) Centralized reporting on agency websites (A) In general Not later than January 1, 2025, and not later than 60 days after the beginning of each fiscal year thereafter, the Secretary shall post on the website of the applicable Federal land management agency a search- able list of each use during the preceding fis- cal year of the recreation fee or recreation pass revenues collected under this section. (B) List components The list required under subparagraph (A) shall include, with respect to each use de- scribed in that subparagraph— (i) a title and description of the overall project; (ii) a title and description for each com- ponent of the project; (iii) the location of the project; and (iv) the amount obligated for the project. (5) Notice to customers A recreation service provider may inform a customer of the recreation service provider of any fee charged by the Secretary under this section. (j) Online payments (1) In general In addition to providing onsite payment methods, the Secretaries may collect payment online for— (A) entrance fees under subsection (e); (B) standard amenity recreation fees under subsection (f); (C) expanded amenity recreation fees under subsection (g); and (D) special recreation permit fees. (2) Distribution of online payments An online payment collected under para- graph (1) that is associated with a specific unit or area of a Federal land management agency shall be distributed in accordance with section 6804(c) of this title. (Pub. L. 108–447, div. J, title VIII, § 803, Dec. 8, 2004, 118 Stat. 3378; Pub. L. 118–234, title III, §§ 311(b), 322(c), Jan. 4, 2025, 138 Stat. 2893, 2910.) Editorial Notes REFERENCES IN TEXT Section 101 of title 23, referred to in subsec. (d)(1)(G), was subsequently amended, and section 101 no longer defines ‘‘Federal-aid System’’. The Alaska National Interest Lands Conservation Act, referred to in subsec. (d)(3)(H), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. AMENDMENTS 2025—Subsec. (b)(5). Pub. L. 118–234, § 311(b)(2), made technical amendment to reference in original act which appears in text as reference to section 6803(d) of this title. Subsec. (d)(1), (4). Pub. L. 118–234, § 311(b)(1), made technical amendment to references in original act which appear in introductory provisions and two places in text of par. (1) and in text of par. (4) as references to this chapter. Subsecs. (h), (i). Pub. L. 118–234, § 311(b)(3), added sub- secs. (h) and (i) and struck out former subsec. (h). Prior to amendment, text of subsec. (h) read as follows: ‘‘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 recre- ation uses of Federal recreational lands and waters, such as group activities, recreation events, motorized recreational vehicle use.’’ Subsec. (j). Pub. L. 118–234, § 322(c), added subsec. (j). Statutory Notes and Related Subsidiaries 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 en- trance or admission fee at the Statue of Liberty Na- tional Monument, New Jersey and New York.’’ § 6803. Public participation (a) In general As required in this section, the Secretary shall provide the public with opportunities to partici- pate in the development of or changing of a recreation fee established under this chapter. (b) Advance notice The Secretary shall publish a notice in the Federal Register of the establishment of a new recreation fee area for each agency 6 months be- fore establishment. The Secretary shall publish notice of a new recreation fee or a change to an existing recreation fee established under this chapter in local newspapers and publications lo- cated near the site at which the recreation fee would be established or changed. (c) Public involvement Before establishing any new recreation fee area, the Secretary shall provide opportunity for public involvement by— (1) establishing guidelines for public involve- ment; (2) establishing guidelines on how agencies will demonstrate on an annual basis how they have provided information to the public on the use of recreation fee revenues; and (3) publishing the guidelines in paragraphs (1) and (2) in the Federal Register. (d) Recreation Resource Advisory Committee (1) Establishment (A) Authority to establish Except as provided in subparagraphs (C) and (D), the Secretary or the Secretaries shall establish a Recreation Resource Advi- sory Committee in each State or region for Federal recreational lands and waters man- aged by the Forest Service or the Bureau of Land Management to perform the duties de- scribed in paragraph (2). (B) Number of Committees The Secretary may have as many addi- tional Recreation Resource Advisory Com- mittees in a State or region as the Secretary considers necessary for the effective oper- ation of this chapter. Page 2650 TITLE 16—CONSERVATION § 6803 (C) Exception The Secretary shall not establish a Recre- ation Resource Advisory Committee in a State if the Secretary determines, in con- sultation with the Governor of the State, that sufficient interest does not exist to en- sure that participation on the Committee is balanced in terms of the points of view rep- resented and the functions to be performed. (D) Use of other entities In lieu of establishing a Recreation Re- source Advisory Committee under subpara- graph (A), the Secretary may use a Resource Advisory Committee established pursuant to another provision of law and in accordance with that law or a recreation fee advisory board otherwise established by the Sec- retary to perform the duties specified in paragraph (2). (2) Duties In accordance with the procedures required by paragraph (9), a Recreation Resource Advi- sory Committee may make recommendations to the Secretary regarding a standard amenity recreation fee or an expanded amenity recre- ation fee, whenever the recommendations re- late to public concerns in the State or region covered by the Committee regarding— (A) the implementation of a standard amenity recreation fee or an expanded amenity recreation fee or the establishment of a specific recreation fee site; (B) the elimination of a standard amenity recreation fee or an expanded amenity recre- ation fee; or (C) the expansion or limitation of the recreation fee program. (3) Meetings A Recreation Resource Advisory Committee shall meet at least annually, but may, at the discretion of the Secretary, meet as often as needed to deal with citizen concerns about the recreation fee program in a timely manner. (4) Notice of rejection If the Secretary rejects the recommendation of a Recreation Resource Advisory Committee, the Secretary shall issue a notice that identi- fies the reasons for rejecting the recommenda- tion to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Sen- ate not later than 30 days before the Secretary implements a decision pertaining to that rec- ommendation. (5) Composition of the Advisory Committee (A) Number A Recreation Resource Advisory Com- mittee shall be comprised of 12 members. (B) Nominations The Governor and the designated county official from each county in the relevant State or Region may submit a list of nomi- nations in the categories described under subparagraph (D). (C) Appointment The Secretary may appoint members of the Recreation Resource Advisory Com- mittee from the list as provided in subpara- graph (B). (D) Broad and balanced representation In appointing the members of a Recreation Resource Advisory Committee, the Sec- retary shall provide for a balanced and broad representation from the recreation commu- nity that shall include the following: (i) Five persons who represent recreation users and that include, as appropriate, per- sons representing the following: (I) Winter motorized recreation, such as snowmobiling. (II) Winter non-motorized recreation, such as snowshoeing, cross country and down hill skiing, and snowboarding. (III) Summer motorized recreation, such as motorcycles, boaters, and off- highway vehicles. (IV) Summer nonmotorized recreation, such as backpacking, horseback riding, mountain biking, canoeing, and rafting. (V) Hunting and fishing. (ii) Four persons who represent interest groups that include, as appropriate, the following: (I) Motorized outfitters and guides. (II) Non-motorized outfitters and guides. (III) Local environmental groups. (IV) Veterans organizations, as such term is defined in section 8471 of this title. (iii) Three persons, as follows: (I) State tourism official to represent the State. (II) A person who represents affected Indian tribes. (III) A person who represents affected local government interests. (6) Term (A) Length of term The Secretary shall appoint the members of a Recreation Resource Advisory Com- mittee for staggered terms of 2 and 3 years beginning on the date that the members are first appointed. The Secretary may re- appoint members to subsequent 2- or 3-year terms. (B) Effect of vacancy The Secretary shall make appointments to fill a vacancy on a Recreation Resource Ad- visory Committee as soon as practicable after the vacancy has occurred. (C) Effect of unexpected vacancy Where an unexpected vacancy occurs, the Governor and the designated county officials from each county in the relevant State shall provide the Secretary with a list of nomina- tions in the relevant category, as described under paragraph (5)(D), not later than two months after notification of the vacancy. To the extent possible, a vacancy shall be filled in the same category and term in which the original appointment was made. (7) Chairperson The chairperson of a Recreation Resource Advisory Committee shall be selected by the Page 2651 TITLE 16—CONSERVATION § 6804 majority vote of the members of the Com- mittee. (8) Quorum Six members shall constitute a quorum. A quorum must be present to constitute an offi- cial meeting of a Recreation Resource Advi- sory Committee. (9) Approval procedures A Recreation Resource Advisory Committee shall establish procedures for making rec- ommendations to the Secretary. A rec- ommendation may be submitted to the Sec- retary only if the recommendation is approved by a majority of the members of the Com- mittee from each of the categories specified in paragraph (5)(D) and general public support for the recommendation is documented. (10) Compensation Members of the Recreation Resource Advi- sory Committee shall not receive any com- pensation. (11) Public participation in the Recreation Re- source Advisory Committee (A) Notice of meetings All meetings of a Recreation Resource Ad- visory Committee shall be announced at least one week in advance in a local news- paper of record and the Federal Register, and shall be open to the public. (B) Records A Recreation Resource Advisory Com- mittee shall maintain records of the meet- ings of the Recreation Resource Advisory Committee and make the records available for public inspection. (12) Chapter 10 of title 5 A Recreation Resource Advisory Committee is subject to the provisions of chapter 10 of title 5. (Pub. L. 108–447, div. J, title VIII, § 804, Dec. 8, 2004, 118 Stat. 3382; Pub. L. 117–286, § 4(a)(132), Dec. 27, 2022, 136 Stat. 4320; Pub. L. 118–234, title II, § 225, title III, § 311(c), Jan. 4, 2025, 138 Stat. 2888, 2897.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), and (d)(1)(B), was in the original ‘‘this Act’’, and was trans- lated 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 Recreation 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—Subsec. (d)(5)(A). Pub. L. 118–234, § 225(1), sub- stituted ‘‘12’’ for ‘‘11’’. Subsec. (d)(5)(D)(ii). Pub. L. 118–234, § 225(2)(A), sub- stituted ‘‘Four’’ for ‘‘Three’’ in introductory provi- sions. Subsec. (d)(5)(D)(ii)(IV). Pub. L. 118–234, § 225(2)(B), added subcl. (IV). Subsec. (d)(8). Pub. L. 118–234, § 225(3), substituted ‘‘Six’’ for ‘‘Eight’’. Subsec. (e). Pub. L. 118–234, § 311(c), struck out subsec. (e) which authorized the Secretary to post clear notice of any entrance fee, standard amenity recreation fee, and available recreation passes and clear notice of loca- tions where work is performed using recreation fee or recreation pass revenues collected. 2022—Subsec. (d)(12). Pub. L. 117–286 substituted ‘‘Chapter 10 of title 5’’ for ‘‘Federal Advisory Com- mittee Act’’ in heading and ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ in text. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. § 6804. Recreation passes (a) America the Beautiful—the National Parks and Federal Recreational Lands Pass (1) Availability and use The Secretaries shall establish, and may charge a fee for, an interagency national pass to be known as the ‘‘America the Beautiful— the National Parks and Federal Recreational Lands Pass’’, which shall cover the entrance fee and standard amenity recreation fee for all Federal recreational lands and waters for which an entrance fee or a standard amenity recreation fee is charged. (2) Image competition for recreation pass The Secretaries shall hold an annual com- petition to select the image to be used on the National Parks and Federal Recreational Lands Pass for a year. The competition shall be open to the public and used as a means to educate the American people about Federal recreational lands and waters. (3) Notice of establishment The Secretaries shall publish a notice in the Federal Register when the National Parks and Federal Recreational Lands Pass is first estab- lished and available for purchase. (4) Duration The National Parks and Federal Rec- reational Lands Pass shall be valid for a pe- riod of 12 months from the date of the issuance of the recreation pass to a passholder, except in the case of the age discount and lifetime passes issued under subsection (b). (5) Price The Secretaries shall establish the price at which the National Parks and Federal Rec- reational Lands Pass will be sold to the public. (6) Sales locations and marketing (A) In general The Secretaries shall sell or otherwise make available the National Parks and Fed- eral Recreational Lands Pass— (i) at all Federal recreational lands and waters at which— (I) an entrance fee or a standard amen- ity recreation fee is charged; and (II) such sales or distribution of the Pass is feasible; (ii) at such other locations as the Secre- taries consider appropriate and feasible; and