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Updated June 30, 2021
Federal Lands Recreation Enhancement Act:
Overview and Issues
Overview
recreation sites, about 400 charge fees under FLREA. Of
The Federal Lands Recreation Enhancement Act (FLREA;
about 460 publicly open FWS refuges, some 200 charge
16 U.S.C. §§6801-6814) authorizes five agencies to charge
fees, including about 30 areas with entrance fees. Of the
and collect recreation fees on federal recreational lands and
423 NPS units, about 165 charge an entrance and/or
waters. The agencies are the Bureau of Land Management
expanded amenity fee, including about 110 with entrance
(BLM), Bureau of Reclamation (Reclamation), Fish and
fees. Two Reclamation sites charge a fee.
Wildlife Service (FWS), and National Park Service (NPS)
in the Department of the Interior (DOI) and Forest Service
Retention of Fees. Each agency can retain and spend the
(FS) in the Department of Agriculture. The agencies retain
revenue collected without further appropriation. At least
the collected fees primarily for on-site improvements.
80% of the annual revenue collected is to be retained and
used at the site where it was generated, although the
Current Status. Agencies are authorized to charge fees at
Secretaries can reduce that amount to not less than 60% if
recreation sites until October 1, 2022. Initial authority was
collections exceed reasonable needs. The remaining
for a 10-year period, expiring December 8, 2014; Congress
collections are to be used agency-wide, at the agency’s
has enacted multiple extensions.
discretion. In practice, the agencies generally use between
80% and 100% of fees at the collecting sites.
Types of Fees. FLREA authorizes different kinds of fees,
outlines criteria for establishing fees, and prohibits fees for
Recreation Fee Receipts. Recreation fees generally
certain activities or services. FWS and NPS can charge
represent a small portion of agency financing. In FY2019,
entrance fees. BLM, Reclamation, and FS can charge
the five agencies collected $442.3 million in total revenues
“standard amenity fees” in areas or circumstances where a
under FLREA, composed of $417.0 million for agency
certain level of services or facilities is available. FLREA
activities and $25.3 million collected by FS from
also authorizes all five agencies to charge an “expanded
recreation.gov and used for administration of this
amenity fee” for specialized facilities and services and
reservation service. The agencies collected and retained
special recreation permit (SRP) fees for specialized uses,
varying shares of the $417.0 million: NPS, 74%; FS, 18%;
such as group activities.
BLM, 7%; FWS, 2%; and Reclamation, less than 1%. Total
revenues for the five agencies increased 32% over the past
Criteria for Establishing Fees. Fee criteria in FLREA
five years, from $336.3 million in FY2015 to $442.3
were intended to promote fairness and consistency among
million in FY2019, due to new and higher fees, additional
agencies and locations and to minimize confusion, burden,
visitation at some sites, and/or other factors. From FY2018
and overlap of fees. Fees are to be commensurate with
to FY2019, total revenues increased by 2%. Figure 1 shows
benefits and services provided. The Secretary of the Interior
total revenues for each of five years.
and the Secretary of Agriculture (the Secretaries) are to
consider comparable fees charged elsewhere, establish the
Figure 1. Recreation Fee Receipts, FY2015-FY2019
minimum number of fees , and consider the aggregate effect
of fees on recreation users and providers. The Secretaries
must allow public participation in establishing fees.
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

volunteers and permanently disabled individuals). Further,
Sources: Annual budget justifications and data provided to CRS by
agencies have established site-specific and regional passes.
FS and Reclamation.
Fee Sites. Of FS’s roughly 30,000 developed recreation
Though complete FY2020 revenue data are unavailable,
sites, about 4,000 collect fees under FLREA. Most of these
data for some agencies show a decline from FY2019. For
sites provide overnight services, such as campgrounds and
instance, NPS fee collections dropped by 19%, from $307.9
cabin rentals. Of BLM’s roughly 3,600 developed
million to $249.9 million. According to NPS, the
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Federal Lands Recreation Enhancement Act: Overview and Issues
Coronavirus Disease 2019 (COVID-19) pandemic reduced
Figure 3. NPS and FS Total Fee Revenues and
park visitation, causing fee revenue to decline.
Obligations, FY2019
Use of Fees. The agencies have broad discretion in using
fee revenues for purposes specified in FLREA that aim to
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
Sources: FY2019 NPS budget justifications and data provided to
used for facilities maintenance, including deferred
CRS by FS.
maintenance (estimated at a combined $17.9 billion for the
two agencies in FY2019). Other funds were used for
Issues
interpretation and visitor services (15%), fee collection
Congress continues to oversee agency efforts to establish,
costs (12%), and other purposes (13%). (See Figure 2.)
revise, collect, and spend recreation fees under FLREA and
to consider changes to the program. Differences of opinion
Figure 2. NPS and FS Fee Obligation by Project Type,
persist as to the need for recreation fees. Fee supporters
FY2019
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
FY2022 budget request, President Biden sought a one-year
extension (through October 1, 2023) in appropriations law.
Most recently, Congress enacted a one-year extension (P.L.
116-260, Division G, §423).
Sources: FY2019 NPS budget justifications and data provided to
CRS by FS.
There are different views as to how a recreation fee
program should operate. Many fee supporters contend the
Unobligated Balances. The recreation fee program
current program charges fees in appropriate circumstances,
historically has had a balance of unobligated funds.
promotes fair and similar fees among agencies, simplifies
Agencies carry over funds from one year to the next for
fees through passes, fosters public involvement in fee
several reasons, including for environmental analysis,
decisions, and keeps most fees on-site for improvements
design, and engineering of projects and to fund next year’s
that visitors desire. Some see opportunities to charge new or
operations and large projects. Some agencies have
increased fees. Periodic fee assessments by agencies
implemented policies to reduce unobligated balances.
examine where increased fees and other changes might be
warranted. For example, in April 2018, NPS announced a
In FY2019, NPS and FS together obligated 45% of
10% increase in entrance fees at most fee-charging parks.
available funds. Individually, NPS obligated more (47%)
than FS (36%). (See Figure 3.) However, as a percentage
Others find fault with the current program. They seek
of FY2019 recreation fee revenues, the two agencies
changes that include revising the terms, conditions, and
together obligated 90% of funds, with individual
processes for establishing and increasing fees, for example,
obligations of 91% for NPS and 85% for FS.
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.
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Federal Lands Recreation Enhancement Act: Overview and Issues
Another focus has been on altering expenditure provisions,
in fee collections during the COVID-19 pandemic, when
for instance to change the percentage of fees retained by the
agencies ceased collecting FLREA fees at some locations
collecting site or direct revenues to particular purposes
and temporarily closed other areas to the public. (For
(such as deferred maintenance). An area of debate is the
additional information, see CRS Report R46448, Effect of
extent to which fee collections can be used for routine
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

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