link to page 1

Updated August 5, 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 FY2020,
entrance fees. BLM, Reclamation, and FS can charge
the five agencies collected $371.6 million in total revenues
“standard amenity fees” in areas or circumstances where a
under FLREA, composed of $339.8 million for agency
certain level of services or facilities is available. FLREA
activities and $31.8 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 $339.8 million: NPS, 74%; FS, 18%;
such as group activities.
BLM, 7%; FWS, 2%; and Reclamation, less than 1%.
Criteria for Establishing Fees. Fee criteria in FLREA
Over the past five years (FY2016-FY2020), total revenues
were intended to promote fairness and consistency among
for the five agencies increased during the first four years by
agencies and locations and to minimize confusion, burden,
17% and decreased by 16% during the last year. The overal
and overlap of fees. Fees are to be commensurate with
change during the five-year period was a decrease of 1%.
benefits and services provided. The Secretary of the Interior
The increase during the first four years was due to new and
and the Secretary of Agriculture (the Secretaries) are to
higher fees, additional visitation at some sites, and other
consider comparable fees charged elsewhere, establish the
factors. The decline in the last year was due primarily to
minimum number of fees , and consider the aggregate effect
reduced visitation and suspended fee collections in some
of fees on recreation users and providers. The Secretaries
areas during the Coronavirus Disease 2019 (COVID-19)
must allow public participation in establishing fees.
pandemic, according to the agencies. Figure 1 shows total
revenues for each of five years.
Recreation Passes. FLREA authorized a national pass for
recreation at sites of different agencies. The U.S. Army
Figure 1. Recreation Fee Receipts, FY2016-FY2020
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,
agencies have established site-specific and regional passes.
Fee Sites. Of FS’s roughly 30,000 developed recreation
sites, about 4,000 collect fees under FLREA. Most of these
sites provide overnight services, such as campgrounds and

cabin rentals. Of BLM’s roughly 3,600 developed
Sources: Annual budget justifications and data that FS and
Reclamation provided to CRS.
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
Issues
fee revenues for purposes specified in FLREA that aim to
Congress continues to oversee agency efforts to establish,
benefit visitors directly. They include facility maintenance,
revise, collect, and spend recreation fees under FLREA and
repair, and enhancement; interpretation and visitor services;
to consider changes to the program. Differences of opinion
law enforcement; and certain habitat restoration. The
persist as to the need for recreation fees. Fee supporters
Secretaries may not use more than 15% of collections for
contend that visitors should pay for the use of lands and
program administration, overhead, and indirect costs.
services and that recreation fees improve recreation and
visitor services. Some critics oppose recreation fees in
NPS and FS, which collected the vast majority of FY2020
general, for instance, as doubly taxing the recreating public.
revenue, collectively obligated $285.7 million in FY2020
Others believe fees are appropriate but for fewer agencies
for varied purposes. The largest amount of funds, 58%, was
or types of lands.
used for facilities maintenance, including deferred
maintenance (estimated at a combined $20.2 billion for the
Ongoing deliberations encompass whether to let FLREA
two agencies in FY2020). Other funds were used for fee
expire, extend it, or make it permanent. As part of the
collection costs (15%), interpretation and visitor services
FY2022 budget request, President Biden sought a one-year
(14%), and other purposes (13%). (See Figure 2.)
extension (through October 1, 2023) in appropriations law.
Most recently, Congress enacted a one-year extension (P.L.
Figure 2. NPS and FS Fee Obligation by Project Type,
116-260, Division G, §423).
FY2020
There are different views as to how a recreation fee
program should operate. Many fee supporters contend the
current program charges fees in appropriate circumstances,
promotes fair and similar fees among agencies, simplifies
fees through passes, fosters public involvement in fee
decisions, and keeps most fees on-site for improvements
that visitors desire. Some see opportunities to charge new or
increased fees. 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.

Sources: FY2020 NPS budget justification and data that FS provided
Others find fault with the current program. They seek
to CRS.
changes that include revising the terms, conditions, and
processes for establishing and increasing fees, for example,
Unobligated Balances. The recreation fee program
to achieve more standardization across agencies or require
historically has had a balance of unobligated funds.
congressional approval of fees . Other proposals would
Agencies carry over funds from one year to the next for
amend procedures for issuing and using SRPs, including to
several reasons, including for environmental analysis,
adjust fees, specify circumstances for use, authorize use
design, and engineering of projects and for funding next
across agency jurisdictions, and authorize temporary
year’s operations and large projects. Some agencies have
permits. (For additional information, see CRS Report
implemented policies to reduce unobligated balances.
R46381, Guides and Outfitters on Federal Lands: Issues
and Legislation in the 116th Congress in Brief.) Still other
In FY2020, NPS and FS together obligated 39% of all
proposals would expand use of technology for fee payment
funds (FY2020 fees plus carryover). The obligation rates
and collection, extend the program to other agencies, or
were similar—39% for NPS and 38% for FS. However, as a
offer reduced or free annual passes to other individuals.
percentage of FY2020 revenues, the two agencies together
obligated 92% of funds. The obligation rates differed—89%
Another focus has been on altering expenditure provisions,
for NPS and 106% for FS. (See Figure 3.)
for instance to change the percentage of fees retained by the
Figure 3. NPS and FS Total Fee Revenues and
collecting site or direct revenues to particular purposes
Obligations, FY2020
(such as deferred maintenance). An area of debate is the
extent to which fee collections can be used for routine
agency operations, including during government
shutdowns. (For additional information, see CRS In Focus
IF11079, National Park Service: Government Shutdown
Issues.) Another issue is whether to counteract any decrease
in fee collections during the COVID-19 pandemic, when
agencies ceased collecting FLREA fees at some locations
and temporarily closed other areas to the public. (For
additional information, see CRS Report R46448, Effect of
COVID-19 on Federal Land Revenues.)

Carol Hardy Vincent, Specialist in Natural Resources
Sources: FY2020 NPS budget justification and data that FS provided
Policy
to CRS.
IF10151
https://crsreports.congress.gov

Federal Lands Recreation Enhancement Act: Overview and Issues

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 11 · UPDATED