link to page 1 
Updated August 21, 2020
Federal Lands Recreation Enhancement Act:
Overview and Issues
Overview
sites provide overnight services, such as campgrounds and
The Federal Lands Recreation Enhancement Act (FLREA;
cabin rentals. Of BLM’s roughly 3,600 developed
16 U.S.C. §§6801-6814) authorizes five agencies to charge
recreation sites, about 400 charge fees under FLREA. Of
and collect recreation fees on federal recreational lands and
about 460 publicly open FWS refuges, some 200 charge
waters. The agencies are the Bureau of Land Management
fees, including about 30 areas with entrance fees. Of the
(BLM), Bureau of Reclamation (Reclamation), Fish and
419 NPS units, about 165 charge an entrance and/or
Wildlife Service (FWS), and National Park Service (NPS)
expanded amenity fee, including about 110 with entrance
in the Department of the Interior (DOI) and Forest Service
fees. One Reclamation site charges a fee.
(FS) in the Department of Agriculture. The agencies retain
the collected fees primarily for on-site improvements.
Retention of Fees. Each agency can retain and spend the
revenue collected without further appropriation. At least
Current Status. Agencies are authorized to charge fees at
80% of the annual revenue collected is to be retained and
recreation sites until October 1, 2021. Initial authority was
used at the site where it was generated, although the
for a 10-year period, expiring December 8, 2014; Congress
Secretaries can reduce that amount to not less than 60% if
has enacted multiple extensions.
collections exceed reasonable needs. The remaining
collections are to be used agency-wide, at the agency’s
Types of Fees. FLREA authorizes different kinds of fees,
discretion. In practice, the agencies generally allow
outlines criteria for establishing fees, and prohibits fees for
between 80% and 100% of fees to be used at the collecting
certain activities or services. FWS and NPS can charge
sites. FLREA contains other provisions for the distribution
entrance fees. BLM, Reclamation, and FS can charge
of collections, including from the sale of recreation passes.
“standard amenity fees” in areas or circumstances where a
certain level of services or facilities is available. FLREA
Recreation Fee Receipts. Recreation fees generally
also authorizes all five agencies to charge an “expanded
represent a small portion of agency financing. In FY2019,
amenity fee” for specialized facilities and services and
the five agencies collected $442.3 million in total revenues
special recreation permit (SRP) fees for specialized uses,
under FLREA, composed of $417.0 million for agency
such as group activities.
activities and $25.3 million collected by FS from
recreation.gov and used for administration of this
Criteria for Establishing Fees. Fee criteria in FLREA
reservation service. The agencies collected and retained
were intended to promote fairness and consistency among
varying shares of the $417.0 million: NPS, 74%; FS, 18%,
agencies and locations and to minimize confusion, burden,
BLM, 7%; FWS, 2%; and Reclamation, less than 1%. Total
and overlap of fees. Fees are to be commensurate with
revenues for the five agencies increased 32% over the past
benefits and services provided. The Secretary of the Interior
five years, from $336.3 million in FY2015 to $442.3
and the Secretary of Agriculture (the Secretaries) are to
million in FY2019, due to new and higher fees, additional
consider comparable fees charged elsewhere, such as by
visitation at some sites, and/or other factors. From FY2018
nearby private providers of recreation services; establish the
to FY2019, total revenues increased by 2%. Figure 1 shows
minimum number of fees; and consider the aggregate effect
total revenues for each of five years.
of fees on recreation users and providers. The Secretaries
must allow public participation in establishing fees.
Figure 1. Recreation Fee Receipts, FY2015-FY2019
Recreation Passes. FLREA authorized a national pass for
recreation at sites of 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;
discounted or free versions are available (e.g., for U.S.
military personnel, permanently disabled individuals,
seniors, volunteers, and fourth-grade students). Further,
agencies have established site-specific and regional passes.
Sources: Annual budget justifications and data provided to CRS by
Fee Sites. Of FS’s roughly 30,000 developed recreation
FS and Reclamation.
sites, about 4,000 collect fees under FLREA. Most of these
https://crsreports.congress.gov
link to page 2 link to page 2 
Federal Lands Recreation Enhancement Act: Overview and Issues
Use of Fees. The agencies have broad discretion in using
Figure 3. NPS and FS Total Fee Revenues and
fee revenues for purposes specified in FLREA that aim to
Obligations, FY2019
benefit visitors directly. They include facility maintenance,
repair, and enhancement; interpretation and visitor services;
law enforcement; and certain habitat restoration. The
Secretaries may not use more than 15% of collections for
program administration, overhead, and indirect costs.
NPS and FS, which collected the vast majority of FY2019
revenue, collectively obligated $342.1 million in FY2019
for varied purposes. The largest amount of funds, 60%, was
used for facilities maintenance, including deferred
maintenance (estimated at a combined $17.1 billion for the
two agencies in FY2018). Other funds were used for
Sources: FY2019 NPS budget justifications and data provided to
interpretation and visitor services (15%), fee collection
CRS by FS.
costs (12%), and other purposes (13%). (See Figure 2.)
Issues
Figure 2. NPS and FS Fee Obligation by Project Type,
Congress continues to oversee agency efforts to establish,
FY2019
revise, collect, and spend recreation fees under FLREA and
to consider changes to the program. Differences of opinion
persist as to the need for recreation fees. Fee supporters
contend that visitors should pay for the use of lands and
services and that recreation fees improve recreation and
visitor services. Some critics oppose recreation fees in
general, for instance, as doubly taxing the recreating public.
Others believe fees are appropriate but for fewer agencies
or types of lands.
Ongoing deliberations encompass whether to let FLREA
expire, extend it, or make it permanent. As part of the
FY2021 budget request, President Trump supported
Sources: FY2019 NPS budget justifications and data provided to
permanent authority through authorizing legislation, while
CRS by FS.
also seeking a two-year extension (through September 30,
2023) in appropriations law. Most recently, Congress
Unobligated Balances. The recreation fee program
enacted a one-year extension (P.L. 116-94, Div. D, §425).
historically has had a balance of unobligated funds. These
funds accumulated under FLREA and a predecessor
There are different views as to how a recreation fee
program. Agencies carry over funds from one year to the
program should operate. Many fee supporters contend the
next for several reasons, including for environmental
current program charges fees in appropriate circumstances,
analysis, design, and engineering of projects and to fund
promotes fair and similar fees among agencies, simplifies
next year’s operations and large projects. Some agencies
fees through passes, fosters public involvement in fee
have implemented policies to reduce unobligated balances.
decisions, and keeps most fees on-site for improvements
that visitors desire. Some see opportunities to charge new or
In FY2019, NPS and FS together obligated 45% of
increased fees. Periodic fee assessments by agencies
available funds. Individually, NPS obligated more (47%)
examine where increased fees and other changes might be
than FS (36%). (See Figure 3.) However, as a percentage
warranted. For example, in April 2018, NPS announced a
of FY2019 recreation fee revenues, the two agencies
10% increase in entrance fees at most fee-charging parks.
together obligated 90% of funds, with individual
obligations of 91% for NPS and 85% for FS.
Others find fault with the current program. They seek
changes that 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 SRPs, including to
adjust fees, specify circumstances for use, authorize use
across agency jurisdictions, and authorize temporary
permits. (For additional information, see CRS Report
R46381, Guides and Outfitters on Federal Lands: Issues
and Legislation in the 116th Congress in Brief.) Still other
proposals would expand use of technology for fee payment
and collection, extend the program to other agencies, or
offer reduced or free annual passes to other individuals.
https://crsreports.congress.gov
Federal Lands Recreation Enhancement Act: Overview and Issues
Another focus has been on altering expenditure provisions,
in fee collections during the Coronavirus Disease 2019
for instance to change the percentage of fees retained by the
pandemic, when agencies ceased collecting FLREA fees at
collecting site or direct revenues to particular purposes
some locations and temporarily closed other areas to the
(such as deferred maintenance). An area of debate is the
public. (For additional information, see CRS Report
extent to which fee collections can be used for routine
R46448, Effect of COVID-19 on Federal Land Revenues.)
agency operations, including during government
Carol Hardy Vincent, Specialist in Natural Resources
shutdowns. (For additional information, see CRS In Focus
Policy
IF11079, National Park Service: Government Shutdown
Issues.) Another issue is whether to counteract any decrease
IF10151
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permissio n of the copyright holder if you
wish to copy or otherwise use copyrighted material.
https://crsreports.congress.gov | IF10151 · VERSION 8 · UPDATED