16 U.S.C. § 6812 — Repeal of superseded admission and use

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). Page 2658 TITLE 16—CONSERVATION § 6812 (e) Treatment of unobligated funds (1) Land and water conservation fund special accounts Amounts in the special accounts established under section 4(i)(1) 1 of the Land and Water Conservation Fund Act of 1965 for Federal land management agencies that are unobligated on December 8, 2004, shall be transferred to the appropriate special account established under section 6806 of this title and shall be available to the Secretary in accordance with this chap- ter. A special account established under sec- tion 4(i)(1) 1 of the Land and Water Conserva- tion Fund Act of 1965 for a Federal agency that is not a Federal land management area, and the use of such special account, is not af- fected by the repeal of section 4 1 of the Land and Water Conservation Fund Act of 1965 by subsection (a) of this section. (2) National parks passport Any funds collected under title VI 1 of the National Parks Omnibus Management Act of 1998 (Public Law 105–391) that are unobligated on the day before the publication of the Fed- eral Register notice required under section 6804(a)(3) of this title shall be transferred to the special account of the National Park Serv- ice for use in accordance with this chapter. The Secretary of the Interior may use amounts available in that special account to pay any outstanding administration, mar- keting, or close-out costs associated with the national parks passport. (3) Recreational fee demonstration program Any funds collected in accordance with sec- tion 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), that are unobligated on the day be- fore December 8, 2004, shall be transferred to the appropriate special account and shall be available to the Secretary in accordance with this chapter. (4) Admission permits for refuge units Any funds collected in accordance with sec- tion 3911 of this title that are available as pro- vided in subsection (c)(A) of such section and are unobligated on the day before December 8, 2004, shall be transferred to the special ac- count of the United States Fish and Wildlife Service for use in accordance with this chap- ter. (f) Effect of regulations A regulation or policy issued under a provision of law repealed by this section shall remain in effect to the extent such a regulation or policy is consistent with the provisions of this chapter until the Secretary issues a regulation, guide- line, or policy under this chapter that super- sedes the earlier regulation. (Pub. L. 108–447, div. J, title VIII, § 813, Dec. 8, 2004, 118 Stat. 3390; Pub. L. 109–54, title I, § 132(a), Aug. 2, 2005, 119 Stat. 526; Pub. L. 113–287, § 5(d)(37), Dec. 19, 2014, 128 Stat. 3268.) Editorial Notes REFERENCES IN TEXT Section 4 of the Land and Water Conservation Fund Act of 1965, referred to in subsecs. (a) and (e)(1), was section 4 of Pub. L. 88–578, title I, as added by Pub. L. 92–347, § 2, July 11, 1972, 86 Stat. 459, which was classi- fied to former section 460l–6a of this title. Subsecs. (a) to (g) and (i) (except par. (1)(C)) of section 4 were re- pealed by subsec. (a) of this section. Subsec. (h) of sec- tion 4 was previously repealed by Pub. L. 104–66, title I, § 1081(f), Dec. 21, 1995, 109 Stat. 721. Subsecs. (i)(1)(C) and (j) to (n) of section 4 were repealed and restated as sec- tion 100904 of Title 54, National Park Service and Re- lated Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. The date the notice required by section 6804(a)(3) of this title is published in the Federal Register, referred to in subsecs. (a), (d), and (e)(2), is Dec. 19, 2006. See 71 F.R. 75935. Sections 6804 and 6806 of this title, referred to in sub- secs. (a), (d), and (e)(1), (2), were in the original ref- erences to sections 5 and 7, respectively, and were translated as meaning section 805 and 807, respectively, of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent of Congress. Section 315 of the Department of the Interior and Re- lated Agencies Appropriations Act, 1996, referred to in subsecs. (b) and (e)(3), is Pub. L. 104–134, title I, § 101(c) [title III, § 315], Apr. 26, 1996, 110 Stat. 1321–156, 1321–200, which was set out as a note under former section 460l–6a of this title, prior to repeal by subsec. (b) of this section. The National Parks Omnibus Management Act of 1998, referred to in subsecs. (d) and (e)(2), is Pub. L. 105–391, Nov. 13, 1998, 112 Stat. 3497. Section 502 of the Act was classified to section 5982 of this title, and title VI of the Act was classified generally to subchapter V (§ 5991 et seq.) of chapter 79 of this title, prior to repeal by subsec. (d) of this section. For complete classifica- tion of this Act to the Code, see Tables. This chapter, referred to in subsecs. (e) and (f), 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 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. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–287, § 5(d)(37)(A), which directed amendment of ‘‘subsection (A)’’ by striking out ‘‘(16 U.S.C. 460l–6a et seq.)’’, was executed by strik- ing out that language after ‘‘1965’’ in subsec. (a) to re- flect the probable intent of Congress. Subsec. (b). Pub. L. 113–287, § 5(d)(37)(B), struck out ‘‘; 16 U.S.C. 460l–6a’’ after ‘‘Public Law 104–134’’. Subsec. (d)(1). Pub. L. 113–287, § 5(d)(37)(C)(i), which di- rected amendment of subsec. (c)(1) by striking out ‘‘; 16 U.S.C. 5982’’, was executed by striking out that lan- guage after ‘‘(Public Law 105–391’’ in subsec. (d)(1), to reflect the probable intent of Congress. Subsec. (d)(2). Pub. L. 113–287, § 5(d)(37)(C)(ii), which directed amendment of subsec. (c)(2) by striking out ‘‘; 16 U.S.C. 5991–5995’’, was executed by striking out that language after ‘‘(Public Law 105–391’’ in subsec. (d)(2), to reflect the probable intent of Congress. Subsec. (e)(1). Pub. L. 113–287, § 5(d)(37)(D)(i), struck out ‘‘(16 U.S.C. 460l–6a(i)(1))’’ after ‘‘accounts estab- lished under section 4(i)(1) of the Land and Water Con- servation Fund Act of 1965’’. Subsec. (e)(2). Pub. L. 113–287, § 5(d)(37)(D)(ii), struck out ‘‘; 16 U.S.C. 5991–5995’’ after ‘‘(Public Law 105–391’’. Subsec. (e)(3). Pub. L. 113–287, § 5(d)(37)(D)(iii), struck out ‘‘; 16 U.S.C. 460l–6a’’ after ‘‘Public Law 104–134’’. 2005—Subsec. (a). Pub. L. 109–54 inserted ‘‘(except for paragraph (1)(C))’’ after ‘‘and (i)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2005 AMENDMENT Pub. L. 109–54, title I, § 132(d), Aug. 2, 2005, 119 Stat. 526, provided that: ‘‘This section [amending this section Page 2659 TITLE 16—CONSERVATION § 6813 1 See References in Text note below. and former section 460l–6a of this title and enacting provisions set out as a note under section 100904 of Title 54, National Park Service and Related Programs] and the amendments made by this section take effect as of December 8, 2004.’’ § 6813. Relation to other laws and fee collection authorities (a) Federal and State laws unaffected Nothing in this chapter shall authorize Fed- eral hunting or fishing licenses or fees or charges for commercial or other activities not related to recreation, affect any rights or au- thority of the States with respect to fish and wildlife, or repeal or modify any provision of law that permits States or political subdivisions of States to share in the revenues from Federal lands or, except as provided in subsection (b), any provision of law that provides that any fees or charges collected at particular Federal areas be used for or credited to specific purposes or special funds as authorized by that provision of law. (b) Relation to revenue allocation laws Amounts collected under this chapter, and the existence of a fee management agreement with a governmental entity under section 6805(a) of this title, may not be taken into account for the purposes of any of the following laws: (1) The sixth paragraph under the heading ‘‘FOREST SERVICE’’ in the Act of May 23, 1908 (16 U.S.C. 500). (2) Section 13 of the Act of March 1, 1911 (16 U.S.C. 500; commonly known as the Weeks Act). (3) The fourteenth paragraph under the head- ing ‘‘FOREST SERVICE’’ in the Act of March 4, 1913 (16 U.S.C. 501). (4) Section 1012 of title 7. (5) Title II of the Act of August 8, 1937,1 and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.) 1. (6) Section 869–4 of title 43. (7) Chapter 69 of title 31. (8) Section 715s of this title. (9) The Secure Rural Schools and Commu- nity Self-Determination Act of 2000 (Public Law 106–393; 16 U.S.C. 500 note),1 except that the exception made for such Act by this sub- section is unique and is not intended to be construed as precedent for amounts collected from the use of Federal lands under any other provision of law. (10) Section 618a of title 43. (11) The Federal Water Project Recreation Act (16 U.S.C. 460l–12 et seq.). (12) Section 391 of title 43. (13) The Act of February 25, 1920 (30 U.S.C. 181 et seq.; commonly known as the Mineral Leasing Act). (14) Section 4(e) of the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 31 U.S.C. 6901 note) 1. (15) Section 5(a) of the Lincoln County Land Act of 2000 (Public Law 106–298; 114 Stat. 1047). (16) Any other provision of law relating to revenue allocation. (c) Consideration of other funds collected Amounts collected under any other law may not be disbursed under this chapter. (d) Sole recreation fee authority Recreation fees charged under this chapter shall be in lieu of fees charged for the same pur- poses under any other provision of law. (e) Fees charged by third parties Notwithstanding any other provision of this chapter, a third party may charge a fee for pro- viding a good or service to a visitor of a unit or area of the Federal land management agencies in accordance with any other applicable law or regulation. (f) Migratory Bird Hunting Stamp Act Revenues from the stamp established under the Act of March 16, 1934 (16 U.S.C. 718 et seq.; commonly known as the Migratory Bird Hunt- ing Stamp Act or Duck Stamp Act), shall not be covered by this chapter. (Pub. L. 108–447, div. J, title VIII, § 814, Dec. 8, 2004, 118 Stat. 3392.) 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. Section 6805 of this title, referred to in subsec. (b), was in the original a reference to section 6, and was translated as meaning section 806 of title VIII of div. J of Pub. L. 108–447, to reflect the probable intent of Con- gress. The Act of August 8, 1937, referred to in subsec. (b)(5), probably means act Aug. 28, 1937, ch. 876, 50 Stat. 874. Title II of the Act enacted section 2605 of Title 43, Pub- lic Lands, repealed section 1174 of Title 43, and enacted provisions set out as a note under section 2601 of Title 43. For complete classification of this Act to the Code, see Tables. The Act of May 24, 1939, referred to in subsec. (b)(5), is act May 24, 1939, ch. 144, 53 Stat. 753, was formerly classified to sections 1181f–1 to 1181f–4 of Title 43, Pub- lic Lands, and provisions set out as a note under sec- tion 1181f–1 of Title 43 prior to editorial reclassifica- tion, and is now classified generally to subchapter II (§ 2621 et seq.) of chapter 44 of Title 43. For complete classification of this Act to the Code, see Tables. The Secure Rural Schools and Community Self-De- termination Act of 2000, referred to in subsec. (b)(9), is Pub. L. 106–393, Oct. 30, 2000, 114 Stat. 1607. Sections 1 to 3 and titles I to IV of the Act were set out as notes under section 500 of this title prior to the repeal and re- enactment of sections 1 to 403 of the Act by Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3893–3910. The new sections 1 to 403 of the Act are clas- sified generally to chapter 90 (§ 7101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. The Federal Water Project Recreation Act, referred to in subsec. (b)(11), is Pub. L. 89–72, July 9, 1965, 79 Stat. 213, which is classified principally to part C (§ 460l–12 et seq.) of subchapter LXIX of chapter 1 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 460l–12 of this title and Tables. The Act of February 25, 1920, referred to in subsec. (b)(13), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to