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Updated August 1, 2022
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 175 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, 2023. Initial authority was
collections exceed reasonable needs. The remaining
for a 10-year period, expiring December 8, 2014; multiple
collections are to be used agency-wide, at the agency’s
extensions have been enacted. Congress oversees program
discretion. In practice, the agencies generally use between
administration and considers program changes.
80% and 100% of fees at the collecting sites.
Types of Fees. FLREA authorizes different kinds of fees,
Recreation Fee Receipts. Recreation fees generally
outlines criteria for establishing fees, and prohibits fees for
represent a small portion of agency financing. In FY2021,
certain activities or services. FWS and NPS can charge
the five agencies collected $462.9 million in total revenues
entrance fees. BLM, Reclamation, and FS can charge
under FLREA, composed of $425.9 million for agency
“standard amenity fees” in areas or circumstances with a
activities and $37.1 million collected by FS from
certain level of services or facilities. All five agencies can
recreation.gov and used for administration of this
charge an “expanded amenity fee” for specialized facilities
reservation service. The agencies collected and retained
and services and special recreation permit (SRP) fees for
varying shares of the $425.9 million: NPS, 74%; FS, 18%;
specialized uses, such as group activities.
BLM, 6%; FWS, 2%; and Reclamation, less than 1%.
Criteria for Establishing Fees. Fee criteria in FLREA
From FY2017 to FY2021, total revenues for the five
were intended to promote fairness and consistency among
agencies increased 11% during the five-year period. More
agencies and locations and to minimize confusion, burden,
specifically, revenues increased by 6% from FY2017 to
and overlap of fees. Fees are to be commensurate with
FY2019, fell by 16% in FY2020, then increased by 25% in
benefits and services provided. The Secretary of the Interior
FY2021. The increase during the first three years was due
and the Secretary of Agriculture (the Secretaries) are to
to new and higher fees, additional visitation at some sites,
consider comparable fees charged elsewhere, establish the
and other factors. The decline in FY2020 was due primarily
minimum number of fees, and consider the aggregate effect
to 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. The increase in FY2021 was due primarily to
increased visitation for some agencies. For each of five
Recreation Passes. FLREA authorized a national pass for
years, Figure 1 shows total revenues and agency shares.
recreation at sites of 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;
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
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Federal Lands Recreation Enhancement Act: Overview and Issues
Figure 1. Recreation Fee Receipts, FY2017-FY2021
Figure 3. NPS and FS Total Fee Revenues and
Obligations, FY2021

Sources: Annual budget justifications and data FS and Reclamation

provided CRS.
Sources: FY2021 NPS budget justification and data FS provided CRS.
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 FY2021
general, for instance, as doubly taxing the recreating public.
revenue, collectively obligated $324.9 million in FY2021
Others assert that fees are appropriate but for fewer
for varied purposes. The largest amount of funds, 57%, was
agencies or types of activities.
used for facilities maintenance, including deferred
maintenance (estimated at a combined $29.1 billion for the
Ongoing deliberations encompass whether to let FLREA
two agencies in FY2021). Other funds were used for fee
expire, extend it, or make it permanent. As part of the
collection costs (13%), interpretation and visitor services
FY2023 budget request, President Biden sought a one-year
(12%), and other purposes (18%). (See Figure 2.)
extension (until October 1, 2024) in appropriations law.
Most recently, a one-year extension until October 1, 2023,
Figure 2. NPS and FS Fee Obligation by Type, FY2021
was enacted (P.L. 117-103, Division G, §421).
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 add agencies
to the program or to charge new or increased fees. Periodic
fee assessments by agencies examine where increased fees
and other changes might be warranted.

Sources: FY2021 NPS budget justification and data FS provided CRS.
Others find fault with the current program. They seek
changes to the terms, conditions, and processes for
Unobligated Balances. The recreation fee program
establishing and increasing fees, for instance, to achieve
historically has had a balance of unobligated funds.
more standardization across agencies or require
Agencies carry over funds from one year to the next for
congressional approval of fees. Other proposals would limit
several reasons, including for environmental analysis,
participation in the program to certain agencies; offer
design, and engineering of projects and for funding next
reduced or free annual passes to other individuals; and
year’s operations and large projects. Some agencies have
expand use of technology for fee payment and collection.
implemented policies to reduce unobligated balances.
Still other proposals would amend procedures for issuing
and using SRPs, including to adjust fees, specify
In FY2021, NPS and FS together obligated 38% of all
circumstances for use, authorize use across agency
funds (FY2021 fees plus carryover). The obligation rates
jurisdictions, and authorize temporary permits. (For more
differed—41% for NPS and 30% for FS. However, as a
information, see CRS Report R46381, Guides and
percentage of FY2021 fee revenues, the two agencies
Outfitters on Federal Lands: Issues for Congress.)
together obligated 83% of funds. The obligation rates
differed—87% for NPS and 69% for FS. (See Figure 3.)
Another focus has been on altering expenditure provisions,
for instance to change the percentage of fees retained by the
collecting site or direct revenues to particular purposes
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Federal Lands Recreation Enhancement Act: Overview and Issues
(such as deferred maintenance). An area of debate is the
and temporarily closed other areas to the public. (For more
extent to which fee collections can be used for routine
information, see CRS Report R46448, Effect of COVID-19
agency operations, including during government
on Federal Land Revenues.)
shutdowns. (For more information, see CRS In Focus
Carol Hardy Vincent, Specialist in Natural Resources
IF11079, National Park Service: Government Shutdown
Policy
Issues.) Another issue is whether to counteract any decrease
in fee collections during the COVID-19 pandemic, when
IF10151
agencies ceased collecting FLREA fees at some locations

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