Federal Lands Recreation Enhancement Act: Overview and Issues

Federal Lands Recreation Enhancement Act: Overview and Issues

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Updated October 6, 2023
Federal Lands Recreation Enhancement Act:
Overview and Issues
Overview
roughly 30 areas with entrance fees. Of 423 NPS units, 156
sites charged an entrance and/or expanded amenity fee. Of
The Federal Lands Recreation Enhancement Act (FLREA;
Reclamation’s more than 245 sites with developed
16 U.S.C. §§6801-6814) authorizes five agencies to charge
recreation, 2 charged a fee.
and collect recreation fees on federal recreational lands and
waters. The agencies are the Bureau of Land Management
Retention of Fees. Each agency can retain and spend the
(BLM), Bureau of Reclamation (Reclamation), Fish and
revenue collected without further appropriation. At least
Wildlife Service (FWS), and National Park Service (NPS)
80% of the annual revenue collected is to be retained and
in the Department of the Interior (DOI) and Forest Service
used at the site where it was generated, although the
(FS) in the Department of Agriculture. The agencies retain
Secretaries can reduce that amount to not less than 60% if
the collected fees primarily for on-site improvements.
collections exceed reasonable needs. The remaining
collections are to be used agency-wide, at the agency’s
Current Status. Agencies are authorized to charge fees at
discretion. In practice, the agencies generally use between
recreation sites until October 1, 2024. Initial authority was
80% and 100% of fees at the collecting sites.
for a 10-year period, expiring December 8, 2014; multiple
extensions have been enacted. Congress oversees program
Recreation Fee Receipts. Recreation fees generally
administration and considers program changes.
represent a small portion of agency financing. In FY2021,
the five agencies collected $462.9 million in total revenues
Types of Fees. FLREA authorizes different kinds of fees,
under FLREA, composed of $425.9 million for agency
outlines criteria for establishing fees, and prohibits fees for
activities and $37.1 million collected by FS from
certain activities or services. FWS and NPS can charge
recreation.gov and used for administration of this
entrance fees. BLM, Reclamation, and FS can charge
reservation service. The agencies collected and retained
“standard amenity fees” in areas or circumstances with a
varying shares of the $425.9 million: NPS, 74%; FS, 18%;
certain level of services or facilities. All five agencies can
BLM, 6%; FWS, 2%; and Reclamation, less than 1%.
charge an “expanded amenity fee” for specialized facilities
and services and special recreation permit (SRP) fees for
From FY2017 to FY2021 (most recent five-year data
specialized uses, such as group activities.
available for all agencies), total revenues for the five
agencies increased 11%. More specifically, revenues
Criteria for Establishing Fees. Fee criteria in FLREA
increased by 6% from FY2017 to FY2019, fell by 16% in
were intended to promote fairness and consistency among
FY2020, then increased by 25% in FY2021. The increase
agencies and locations and to minimize confusion, burden,
during the first three years was due to new and higher fees,
and overlap of fees. Fees are to be commensurate with
additional visitation at some sites, and other factors. The
benefits and services provided. The Secretary of the Interior
decline in FY2020 was due primarily to reduced visitation
and the Secretary of Agriculture (the Secretaries) are to
and suspended fee collections in some areas during the
consider comparable fees charged elsewhere, establish the
COVID-19 pandemic. The increase in FY2021 was due
minimum number of fees, and consider the aggregate effect
primarily to increased visitation for some agencies. More
of fees on recreation users and providers. The Secretaries
recent data for some agencies show an increase, (e.g., NPS
must allow public participation in establishing fees.
revenue increased from $313.4 million in FY2021 to $348.6
Recreation Passes. FLREA authorized a national pass for
million in FY2022). For each of five years, Figure 1 shows
recreation at sites of the different agencies. The U.S. Army
total revenues and agency shares.
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. In 2020 (most recent data available across
agencies), the participating agencies charged FLREA fees
at then-existing sites as follows: Of FS’s nearly 30,000
recreation sites, 3,879 collected fees. Of BLM’s nearly
3,700 developed recreation sites, about 425 charged fees.
Of 568 FWS refuges, 163 sites charged fees, including
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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
benefit visitors directly. They include facility maintenance,
Congress continues to oversee agency efforts to establish,
repair, and enhancement; interpretation and visitor services;
revise, collect, and spend recreation fees under FLREA and
law enforcement; and certain habitat restoration. The
to consider changes to the program. Differences of opinion
Secretaries may not use more than 15% of collections for
persist as to the need for recreation fees. Fee supporters
program administration, overhead, and indirect costs.
contend that visitors should pay for the use of lands and
services and that recreation fees improve recreation and
NPS and FS, which collected the vast majority of FY2021
visitor services. Some critics oppose recreation fees in
revenue, collectively obligated $324.9 million in FY2021
general, for instance, as doubly taxing the recreating public.
for varied purposes. The largest amount of funds, 57%, was
Others assert that fees are appropriate but for fewer
used for facilities maintenance, including deferred
agencies or types of activities.
maintenance (estimated at a combined $29.1 billion for the
two agencies in FY2021). Other funds were used for fee
Ongoing deliberations encompass whether to let FLREA
collection costs (13%), interpretation and visitor services
expire, extend it, or make it permanent. As part of the
(12%), and other purposes (18%). (See Figure 2.)
FY2024 budget request, President Biden sought a one-year
extension (until October 1, 2025) in appropriations law.
Figure 2. NPS and FS Fee Obligation by Type, FY2021
Most recently, a one-year extension until October 1, 2024,
was enacted (P.L. 117-328, 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; expand
year’s operations and large projects. Some agencies have
use of technology for fee payment and collection; support
implemented policies to reduce unobligated balances.
cash payments for fees; and expand disclosure of amounts
In FY2021, NPS and FS together obligated 38% of all
and uses of fees. Other issues relate to recreation
funds (FY2021 fees plus carryover). The obligation rates
reservation services under FLREA through Recreation.gov;
differed—41% for NPS and 30% for FS. However, as a
they pertain to managing access and charging processing,
percentage of FY2021 fee revenues, the two agencies
lottery, or cancellation fees.
together obligated 83% of funds. The obligation rates
Still other proposals would amend procedures for issuing
differed—87% for NPS and 69% for FS. (See Figure 3.)
and using SRPs, including to adjust fees, specify
circumstances for use, authorize use across agency
jurisdictions, and authorize temporary permits. (For more
https://crsreports.congress.gov

Federal Lands Recreation Enhancement Act: Overview and Issues
information, see CRS Report R46381, Guides and
shutdowns. (For more information, see CRS In Focus
Outfitters on Federal Lands: Issues for Congress.)
IF11079, National Park Service: Government Shutdown
Issues).
Another focus has been on altering expenditure provisions,
for instance to change the percentage of fees retained by the
Carol Hardy Vincent, Specialist in Natural Resources
collecting site or direct revenues to particular purposes
Policy
(such as deferred maintenance). An area of debate is the
IF10151
extent to which fee collections can be used for routine
agency operations, including during government

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