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Updated October 31, 2018
Federal Lands Recreation Enhancement Act:
Overview and Issues
Overview
Further, agencies have established site-specific and regional
The Federal Lands Recreation Enhancement Act (FLREA;
multi-entity passes.
16 U.S.C. §§6801-6814) authorizes five agencies to charge
and collect recreation fees on federal recreational lands and
Fee Sites. FS manages about 30,000 developed recreation
waters. The five agencies are the Bureau of Land
sites, of which 3,866 collect fees under FLREA. Most of
Management (BLM), Bureau of Reclamation
these sites provide overnight services, such as campgrounds
(Reclamation), Fish and Wildlife Service (FWS), and
and cabin rentals. Approximately 3,600 of BLM’s 4,000
National Park Service (NPS) in the Department of the
recreation sites are considered developed; 414 of these
Interior (DOI) and the Forest Service (FS) in the
charge fees—114 standard amenity, 272 expanded amenity,
Department of Agriculture. The agencies retain the
and 28 SRP. Of the 460 FWS refuges that are open to the
collected fees primarily for on-site improvements.
public, 199 charge some type of fees, including 31 areas
with entrance fees. Of the 418 NPS units, 165 charge an
Current Status. Agencies are authorized to charge fees at
entrance and/or expanded amenity fee, including 115 with
recreation sites through September 30, 2020. Initially, the
entrance fees. One Reclamation site charges a fee.
authority was for a 10-year period, expiring December 8,
2014, but Congress has enacted multiple extensions.
Retention of Fees. Each agency can retain and spend the
revenue collected without further appropriation. At least
Types of Fees. FLREA authorizes different kinds of fees,
80% of the revenue collected is to be retained and used at
outlines criteria for establishing fees, and prohibits fees for
the site where it was generated, although the Secretaries can
certain activities or services. FWS and NPS can charge
reduce that amount to not less than 60% for a fiscal year if
entrance fees. BLM, Reclamation, and FS can charge
collections exceed reasonable needs. The remaining
“standard amenity fees” in areas or circumstances where a
collections are to be used agency-wide, at the agency’s
certain level of services or facilities are available. FLREA
discretion. In practice, the agencies generally allow
also authorizes all five agencies to charge an “expanded
between 80% and 100% of fees to be used at the collecting
amenity fee” for specialized facilities and services, and
sites. The law contains other provisions for the distribution
special recreation permit (SRP) fees for specialized uses,
of collections, including from the sale of recreation passes.
such as group activities.
Recreation Fee Receipts. Recreation fees generally
Criteria for Establishing Fees. Fee criteria in FLREA
represent a small portion of agency financing. In FY2017,
were intended to promote fairness and consistency among
the five agencies collected $390.7 million in receipts under
agencies and locations and to minimize confusion, burden,
FLREA. NPS took in 73% of the revenue. NPS and FS
and overlap of fees. Fees are to be commensurate with
together collected 92% of the total. Recreation revenues
benefits and services provided. The Secretary of the Interior
increased 55% over the past five years, from $252.3 million
and the Secretary of Agriculture (the Secretaries) are to
in FY2013, as a result of new and higher fees, additional
consider comparable fees charged elsewhere, such as by
visitation at some sites, and/or other factors. From FY2016
nearby private providers of recreation services; establish the
to FY2017, revenues increased by 10%. Figure 1 shows the
minimum number of fees; and consider the aggregate effect
agency receipts for the most recent five years.
of fees on recreation users and providers. The Secretaries
must allow public participation in establishing fees.
Figure 1. Recreation Fee Receipts, FY2013-FY2017
Recreation Passes. FLREA authorized the establishment of
a national pass for recreation at sites managed by the
different agencies. The U.S. Army Corps of Engineers also
participates in the pass program (under P.L. 113-121,
§1048). The “America the Beautiful—the National Parks
and Federal Recreational Lands Pass” covers entrance fees
and standard amenity fees at areas where such fees are
charged. The annual pass is $80 per year, but discounted or
free versions are available (e.g., for U.S. military personnel,
individuals who are permanently disabled, seniors,
volunteers, and fourth-grade students); some of these
versions also provide discounts on expanded amenity fees.
Sources: Annual budget justifications, The Interior Budget in Brief, and
data provided to CRS by FS and Reclamation.
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Federal Lands Recreation Enhancement Act: Overview and Issues
Use of Fees. The agencies have broad discretion in using
Ongoing deliberations encompass whether to let FLREA
fee revenues for purposes specified in FLREA that aim to
expire, to extend it, or to make it permanent. President
benefit visitors directly. Purposes include facility
Trump has supported making the program permanent (e.g.,
maintenance, repair, and enhancement; interpretation and
in the FY2019 budget request) and proposed a short-term
visitor services; signs; certain habitat restoration; and law
extension in the meantime. Most recently, on September 28,
enforcement. The Secretaries may not use more than 15%
2018, Congress enacted a one-year extension (P.L. 115-
of collections for program administration, overhead, and
245, Div. C, §130).
indirect costs.
Different views have been expressed as to how a recreation
The agencies collectively obligated $332.6 million in
fee program should operate. Many fee supporters believe
FY2017 for varied purposes. The largest amount of funds,
the current program establishes fees in appropriate
52%, was used for repair and maintenance of assets,
circumstances, promotes fair and similar fees among
including deferred maintenance (estimated at $19.0 billion
agencies, simplifies fees through passes, fosters public
for the five agencies in FY2017). Another 22% was used
involvement in fee decisions, and keeps most fees on-site
for interpretation and visitor services, and 13% was used for
for improvements that visitors desire.
fee collection costs. The remainder was used for other
purposes. (See Figure 2.)
Some see opportunities for agencies to charge new or
increased fees. For instance, DOI Inspector General reports
Figure 2. Fee Obligation by Project Type, FY2017
(February 2015) highlighted areas where BLM and NPS
could explore increasing revenues. Periodic fee assessments
by agencies examine where increased fees and other
changes might be warranted. For example, in April 2018,
NPS announced a 10% increase in entrance fees at most
fee-charging parks.
Others find fault with the current program and seek various
changes. These changes include revising the terms,
conditions, and processes for establishing and increasing
fees, for example, to achieve more standardization across
agencies or require congressional approval of fees. Other
proposals would amend procedures for issuing and using
Sources: FY2017 agency budget justifications, The Interior Budget in
SRPs, including to expedite issuance and authorize use
Brief, and data provided to CRS by FS and Reclamation.
across agency jurisdictions. Still other proposals would
Note: Figures sum to $332.5 mil ion primarily due to rounding.
extend the program to other agencies, especially the U.S.
Army Corps of Engineers, or expand use of technology for
Unobligated Balances. The recreation fee program
fee payment and collection. Another focus has been on
historically has had a large balance of unobligated funds.
altering expenditure provisions, for instance to change the
These funds accumulated under FLREA and a predecessor
percentage of fees retained by the collecting site or direct
program. Agencies carry over funds from one year to the
revenues to particular purposes (such as reducing agencies’
next for several reasons, including to conduct
maintenance backlogs).
environmental analysis, design, and engineering of projects
and to fund next year’s operations and large projects.
Figure 3. Total Fee Revenues and Obligations, FY2017
In FY2017, agency obligation of available funds ranged
from 38% for Reclamation to 47% for NPS. (See Figure 3.)
Although some agencies have implemented policies to
reduce unobligated balances, obligations by all agencies
decreased from 52% of total available FY2013 funds (of
$423.5 million) to 45% of total available FY2017 funds (of
$735.9 million). However, as a percentage of FY2017
recreation fee revenues ($390.7 million), agencies
collectively obligated about 85% of funds.
Issues
Congress continues to oversee agency efforts to establish,
revise, collect, and spend recreation fees under FLREA and
Sources: FY2017 agency budget justifications, The Interior Budget in
to consider changes to the program. Differences of opinion
Brief, and data provided to CRS by FS and Reclamation.
persist as to the need for recreation fees. Fee supporters
Note: Reclamation is not shown due to relatively smal amounts.
contend that visitors should pay for the use of lands and
services and that recreation fees improve recreation and
Carol Hardy Vincent, Specialist in Natural Resources
visitor services. Some critics oppose recreation fees in
Policy
general, for instance, as doubly taxing the recreating public.
Others believe fees are appropriate but for fewer agencies
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or types of lands.
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Federal Lands Recreation Enhancement Act: Overview and Issues
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