16 U.S.C. § 6804 — Recreation passes

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 Page 2652 TITLE 16—CONSERVATION § 6804 (iii) through a prominent link to a cen- tralized pass sale system on the website of each of the Federal land management agencies and the websites of the relevant units and subunits of those agencies, which shall include information about where and when a National Parks and Fed- eral Recreational Lands Pass may be used. (B) Use of vendors The Secretary may enter into fee manage- ment agreements as provided in section 6805 of this title. (C) Marketing The Secretaries shall take such actions as are appropriate to provide for the active marketing of the National Parks and Fed- eral Recreational Lands Pass. (7) Administrative guidelines The Secretaries shall issue guidelines on ad- ministration of the National Parks and Fed- eral Recreational Lands Pass, which shall in- clude agreement on price, the distribution of revenues between the Federal land manage- ment agencies, the sharing of costs, benefits provided, marketing and design, adequate doc- umentation for discounts under subsection (b), and the issuance of that recreation pass to vol- unteers. The Secretaries shall take into con- sideration all relevant visitor and sales data available in establishing the guidelines. (8) Development and implementation agree- ments The Secretaries may enter into cooperative agreements with governmental and non- governmental entities for the development and implementation of the National Parks and Federal Recreational Lands Pass Program. (9) Prohibition on other national recreation passes The Secretary may not establish any na- tional recreation pass, except as provided in this section. (10) Digital recreation passes Not later than January 1, 2026, the Secre- taries shall— (A) establish a digital version of the Na- tional Parks and Federal Recreational Lands Pass that is able to be stored on a mo- bile device, including with respect to free and discounted passes; and (B) upon completion of a transaction for a National Parks and Federal Recreational Lands Pass, make immediately available to the passholder a digital version of the Na- tional Parks and Federal Recreational Lands Pass established under subparagraph (A). (b) Free and discounted passes (1) Age discount (A) The Secretary shall make the National Parks and Federal Recreational Lands Pass available to any United States citizen or per- son domiciled in the United States who is 62 years of age or older, if the citizen or person provides adequate proof of such age and such citizenship or residency. The National Parks and Federal Recreational Lands Pass made available under this paragraph shall be avail- able— (i) for a period of 12 months from the date of the issuance, at a cost of $20; and (ii) for the lifetime of the passholder, at a cost equal to the cost of the National Parks and Federal Recreational Lands Pass pur- chased under subsection (a). (B) The Secretary shall issue a pass under subparagraph (A)(ii), for no additional cost, to any individual who provides evidence, under policies and guidelines determined by the Sec- retary, that the individual has purchased a pass under subparagraph (A)(i) for each of the 4 years prior to being issued a pass under this subparagraph. (2) Lifetime passes The Secretary shall make the National Parks and Federal Recreational Lands Pass available, without charge and for the lifetime of the passholder, to the following: (A) Any United States citizen or person domiciled in the United States who has been medically determined to be permanently dis- abled, within the meaning of the term ‘‘dis- ability’’ under section 12102 of title 42, if the citizen or person provides adequate proof of the disability and such citizenship or resi- dency. (B) Any veteran who provides adequate proof of military service as determined by the Secretary. (C) Any member of a Gold Star Family who meets the eligibility requirements of section 3.2 of Department of Defense Instruc- tion 1348.36 (or a successor instruction). (3) Annual passes The Secretary shall make the National Parks and Federal Recreational Lands Pass available, at no cost, to members of the Armed Forces and their dependents who provide ade- quate proof of eligibility for such pass as de- termined by the Secretary. (c) Site-specific agency passes The Secretary may establish and charge a fee for a site-specific pass that will cover the en- trance fee or standard amenity recreation fee for particular Federal recreational lands and waters for a specified period not to exceed 12 months. (d) Regional multientity passes (1) Passes authorized The Secretary may establish and charge a fee for a regional multientity pass that will be accepted by one or more Federal land manage- ment agencies or by one or more govern- mental or nongovernmental entities for a specified period not to exceed 12 months. To include a Federal land management agency or governmental or nongovernmental entity over which the Secretary does not have jurisdic- tion, the Secretary shall obtain the consent of the head of such agency or entity. (2) Regional multientity pass agreement In order to establish a regional multientity pass under this subsection, the Secretary shall Page 2653 TITLE 16—CONSERVATION § 6804 enter into a regional multientity pass agree- ment with all the participating agencies or en- tities on price, the distribution of revenues be- tween participating agencies or entities, the sharing of costs, benefits provided, marketing and design, and the issuance of the pass to vol- unteers. The Secretary shall take into consid- eration all relevant visitor and sales data available when entering into this agreement. (e) Discounted or free admission days or use The Secretary may provide for a discounted or free admission day or use of Federal rec- reational lands and waters. (f) Effect on existing passports and permits (1) Existing passports A passport issued under section 100904 of title 54 or title VI of the National Parks Omni- bus Management Act of 1998 (Public Law 105–391), such as the Golden Eagle Passport, the Golden Age Passport, the Golden Access Passport, and the National Parks Passport, that was valid on the day before the publica- tion of the Federal Register notice required under subsection (a)(3) shall be valid in ac- cordance with the terms agreed to at the time of issuance of the passport, to the extent prac- ticable, and remain in effect until expired, lost, or stolen. (2) Permits A permit issued under section 100904 of title 54 that was valid on the day before December 8, 2004, shall be valid and remain in effect until expired, revoked, or suspended. (Pub. L. 108–447, div. J, title VIII, § 805, Dec. 8, 2004, 118 Stat. 3385; Pub. L. 113–287, § 5(d)(36), Dec. 19, 2014, 128 Stat. 3267; Pub. L. 114–289, title I, § 102, Dec. 16, 2016, 130 Stat. 1484; Pub. L. 116–205, § 2, Dec. 3, 2020, 134 Stat. 996; Pub. L. 116–283, div. A, title VI, § 625, Jan. 1, 2021, 134 Stat. 3677; Pub. L. 117–81, div. A, title VI, § 641, Dec. 27, 2021, 135 Stat. 1776; Pub. L. 118–234, title III, § 322(a), (b), Jan. 4, 2025, 138 Stat. 2910.) Editorial Notes REFERENCES IN TEXT Section 6805 of this title, referred to in subsec. (a)(6)(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 in- tent of Congress. The National Parks Omnibus Management Act of 1998, referred to in subsec. (f)(1), is Pub. L. 105–391, Nov. 13, 1998, 112 Stat. 3497. Title VI of the Act was classified generally to subchapter V (§ 5991 et seq.) of chapter 79 of this title, prior to repeal by Pub. L. 108–447, div. J, title VIII, § 813(d)(2), Dec. 8, 2004, 118 Stat. 3391. For complete classification of this Act to the Code, see Ta- bles. CODIFICATION In subsec. (f), ‘‘section 100904 of title 54’’ substituted for ‘‘section 4 of the Land and Water Conservation Fund Act of 1965’’ in two places on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act en- acted Title 54, National Park Service and Related Pro- grams. AMENDMENTS 2025—Subsec. (a)(6)(A). Pub. L. 118–234, § 322(a), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: ‘‘The Secretary shall sell the National Parks and Federal Recreational Lands Pass at all Federal recreational lands and waters at which an entrance fee or a standard amenity recreation fee is charged and at such other locations as the Secre- taries consider appropriate and feasible.’’ Subsec. (a)(10). Pub. L. 118–234, § 322(b), added par. (10). 2021—Subsec. (a)(4). Pub. L. 117–81, § 641(1), substituted ‘‘age discount and lifetime’’ for ‘‘age and disability dis- counted’’. Subsec. (a)(7). Pub. L. 116–283, § 625(b)(1), struck out ‘‘age and disability’’ before ‘‘discounts’’. Subsec. (b). Pub. L. 117–81, § 641(2)(A), substituted ‘‘Free and discounted’’ for ‘‘Discounted’’ in heading. Subsec. (b)(1)(A). Pub. L. 116–283, § 625(b)(2)(A), sub- stituted ‘‘this paragraph’’ for ‘‘this subsection’’ in in- troductory provisions. Subsec. (b)(2). Pub. L. 117–81, § 641(2)(B)(i), substituted ‘‘Lifetime passes’’ for ‘‘Disability discount’’ in heading. Pub. L. 116–283, § 625(b)(2)(B), which directed the sub- stitution of ‘‘this paragraph’’ for ‘‘this subsection’’, could not be executed due to intervening amendment by Pub. L. 116–205. See 2020 Amendment note below. Subsec. (b)(2)(B), (C). Pub. L. 117–81, § 641(2)(B)(ii), added subpars. (B) and (C) and struck out former sub- par. (B) which read as follows: ‘‘Any veteran who has been found to have a service-connected disability under title 38.’’ Subsec. (b)(3). Pub. L. 117–81, § 641(2)(C), substituted ‘‘Annual passes’’ for ‘‘Gold Star Families parks pass’’ in heading and ‘‘members of the Armed Forces and their dependents who provide adequate proof of eligi- bility for such pass as determined by the Secretary.’’ for ‘‘members of Gold Star Families who meet the eli- gibility requirements of section 3.2 of Department of Defense Instruction 1348.36 (or a successor instruc- tion).’’ in text. Pub. L. 116–283, § 625(a), added par. (3). 2020—Subsec. (b)(2). Pub. L. 116–205 added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘The Secretary shall make the Na- tional Parks and Federal Recreational Lands Pass available, without charge, to any United States citizen or person domiciled in the United States who has been medically determined to be permanently disabled for purposes of section 705(20)(B)(i) of title 29, if the citizen or person provides adequate proof of the disability and such citizenship or residency. The National Parks and Federal Recreational Lands Pass made available under this subsection shall be valid for the lifetime of the passholder.’’ 2016—Subsec. (b)(1). Pub. L. 114–289 designated exist- ing provisions as subpar. (A), struck out ‘‘, at a cost of $10.00,’’ before ‘‘to any United States citizen’’, sub- stituted ‘‘shall be available—’’ and cls. (i) and (ii) for ‘‘shall be valid for the lifetime of the pass holder.’’, and added subpar. (B). 2014—Subsec. (f)(1). Pub. L. 113–287, § 5(d)(36)(B), struck out ‘‘; 16 U.S.C. 5991–5995’’ after ‘‘(Public Law 105–391’’. Pub. L. 113–287, § 5(d)(36)(A), made technical amend- ment to reference in original act which appeared in text as reference to ‘‘section 460l–6a of this title’’ prior to substitution of ‘‘section 100904 of title 54’’. See Codi- fication note above. Statutory Notes and Related Subsidiaries EVERY KID OUTDOORS ACT Pub. L. 116–9, title IX, § 9001, Mar. 12, 2019, 133 Stat. 829, as amended by Pub. L. 118–234, title II, § 232, Jan. 4, 2025, 138 Stat. 2890, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) FEDERAL LAND AND WATERS.—The term ‘Federal land and waters’ means any Federal land or body of water under the jurisdiction of any of the Secretaries to which the public has access. ‘‘(2) PROGRAM.—The term ‘program’ means the Every Kid Outdoors program established under sub- section (b)(1). Page 2654 TITLE 16—CONSERVATION § 6804a ‘‘(3) SECRETARIES.—The term ‘Secretaries’ means— ‘‘(A) the Secretary [of the Interior], acting through— ‘‘(i) the Director of the National Park Service; ‘‘(ii) the Director of the United States Fish and Wildlife Service; ‘‘(iii) the Director of the Bureau of Land Man- agement; and ‘‘(iv) the Commissioner of Reclamation; ‘‘(B) the Secretary of Agriculture, acting through the Chief of the Forest Service; ‘‘(C) the Secretary of Commerce, acting through the Administrator of the National Oceanic and At- mospheric Administration; and ‘‘(D) the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works. ‘‘(4) STATE.—The term ‘State’ means each of the several States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States. ‘‘(5) STUDENT OR STUDENTS.—The term ‘student’ or ‘students’ means any fourth grader or home-schooled learner 10 years of age residing in the United States, including any territory or possession of the United States. ‘‘(b) EVERY KID OUTDOORS PROGRAM.— ‘‘(1) ESTABLISHMENT.—The Secretaries shall jointly establish a program, to be known as the ‘Every Kid Outdoors program’, to provide free access to Federal land and waters for students and accompanying indi- viduals in accordance with this subsection. ‘‘(2) ANNUAL PASSES.— ‘‘(A) IN GENERAL.—At the request of a student, the Secretaries shall issue a pass to the student, which allows access to Federal lands and waters for which access is subject to an entrance, standard amenity, or day use fee, free of charge for the student and— ‘‘(i) in the case of a per-vehicle fee area— ‘‘(I) any passengers accompanying the student in a private, noncommercial vehicle; or ‘‘(II) not more than three adults accom- panying the student on bicycles; or ‘‘(ii) in the case of a per-person fee area, not more than three adults accompanying the stu- dent. ‘‘(B) TERM.—A pass described in subparagraph (A) shall be effective for a 12-month period that begins on a date determined by the Secretaries. ‘‘(C) PRESENCE OF A STUDENT IN GRADE FOUR RE- QUIRED.—A pass described in subparagraph (A) shall be effective only if the student to which the pass was issued is present at the point of entry to the applicable Federal land or water. ‘‘(3) OTHER ACTIVITIES.—In carrying out the pro- gram, the Secretaries— ‘‘(A) may collaborate with State Park systems that opt to implement a complementary Every Kid Outdoors State park pass; ‘‘(B) may coordinate with the Secretary of Edu- cation to implement the program; ‘‘(C) shall maintain a publicly available website with information about the program; ‘‘(D) may provide visitor services for the program; and ‘‘(E) may support approved partners of the Fed- eral land and waters by providing the partners with opportunities to participate in the program. ‘‘(4) REPORTS.—The Secretary, in coordination with each Secretary described in subparagraphs (B) through (D) of subsection (a)(3), shall prepare a com- prehensive report to Congress each year describing— ‘‘(A) the implementation of the program; ‘‘(B) the number and geographical distribution of students who participated in the program; and ‘‘(C) the number of passes described in paragraph (2)(A) that were distributed. ‘‘(5) SUNSET.—The authorities provided in this sec- tion, including the reporting requirement, shall ex- pire on September 30, 2031.’’ AMERICA THE BEAUTIFUL NATIONAL PARKS AND FEDERAL RECREATIONAL LANDS PASS PROGRAM Pub. L. 113–121, title I, § 1048, June 10, 2014, 128 Stat. 1257, provided that: ‘‘The Secretary [of the Army] may participate in the America the Beautiful National Parks and Federal Recreational Lands Pass program in the same manner as the National Park Service, the Bu- reau of Land Management, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Reclamation, including the provision of free annual passes to active duty military personnel and depend- ents.’’ § 6804a. Availability of Federal, State, and local recreation passes (a) Establishment of program (1) In general To improve the availability of Federal, State, and local outdoor recreation passes, the Secretaries are encouraged to coordinate with States and counties regarding the availability of Federal, State, and local recreation passes to allow a purchaser to buy a Federal recre- ation pass, State recreation pass, and local recreation pass in a single transaction. (2) Included passes Passes covered by the program established under paragraph (1) include— (A) an America the Beautiful—the Na- tional Parks and Federal Recreational Lands Pass under section 6804 of this title; and (B) any pass covering any fees charged by participating States and counties for en- trance and recreational use of parks and public land in the participating States. (b) Agreements with States and counties (1) In general The Secretaries, after consultation with the States and counties, may enter into agree- ments with States and counties to coordinate the availability of passes as described in sub- section (a). (2) Revenue from pass sales Agreements between the Secretaries, States, and counties entered into pursuant to this sec- tion shall ensure that— (A) funds from the sale of State or local passes are transferred to the appropriate State agency or county government; (B) funds from the sale of Federal passes are transferred to the appropriate Federal agency; and (C) fund transfers are completed by the end of a fiscal year for all pass sales occur- ring during the fiscal year. (Pub. L. 108–447, div. J, title VIII, § 805A, as added Pub. L. 118–234, title III, § 321(a), Jan. 4, 2025, 138 Stat. 2909.) § 6805. Cooperative agreements (a) Fee management agreement Notwithstanding chapter 63 of title 31, the Secretary may enter into a fee management agreement, including a contract, which may provide for a reasonable commission, reimburse- ment, or discount, with the following entities for the following purposes: