§ 3911. — Sale of admission permit at certain refuge units.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3911]
TITLE 16--CONSERVATION
CHAPTER 59--WETLANDS RESOURCES
SUBCHAPTER II--REVENUES FOR REFUGE OPERATIONS AND THE MIGRATORY BIRD
CONSERVATION FUND
Sec. 3911. Sale of admission permit at certain refuge units
(a) Sale of admission permits
(1) Notwithstanding the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l-4 et seq.), in order to provide additional revenues for
the conservation of wetland resources of the Nation and for the
operation and maintenance of refuges--
(A) the Secretary of the Interior may, at units of the National
Wildlife Refuge System designated by the Secretary under paragraph
(2)--
(i) charge fees for admission permits;
(ii) sell Golden Eagle passports and Golden Age passports;
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(iii) issue at no charge lifetime admission permits as
authorized in section 4(a)(5) of the Land and Water Conservation
Fund Act of 1965 [16 U.S.C. 460l-6a(a)(5)]; \1\
(B) the amounts collected by the Secretary as a result of the
activities described in subparagraph (A) shall be distributed as
provided in subsection (c) of this section.
(2) The Secretary shall designate a unit of the National Wildlife
Refuge System for purposes of this chapter if the Secretary determines,
with respect to such unit, that--
(A) The level of visitation for recreational purposes is high
enough to justify the collection of fees for admission permits for
economic reasons.
(B) There is a practical mechanism in existence for implementing
and operating a system of collecting fees for admission permits.
(C) Imposition of a fee for admission permits is not likely to
result in undue economic hardship for a significant number of
visitors to the unit.
(b) Exceptions
(1) The Secretary may not require an admission permit under
subsection (a)(1) of this section for entry by a person into a
designated unit if such person is the holder of--
(A) a valid migratory bird hunting and conservation stamp issued
under section 718b of this title;
(B) a valid Golden Eagle Passport issued under section 4(a)(1)
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
6a(a)(1));
(C) a valid Golden Age Passport issued under section 4(a)(4) of
such Act [16 U.S.C. 460l-6a(a)(4)]; or
(D) a valid lifetime admission permit as authorized in section
4(a)(5) of such Act [16 U.S.C. 460l-6a(a)(5)].
(2) Permits for a single visit to any designated unit shall be made
available by the Secretary of the Interior for a reasonable fee, but not
to exceed $3 for individuals or $7.50 per vehicle. For purposes of this
subsection, the term ``single visit'' means a more or less continuous
stay within a designated unit by a person or group described in
subsection (d) of this section. Payment of a single visit fee and
issuance of a single visit permit shall authorize exits from and re-
entries to a single designated unit for a period of from one to fifteen
days. Such period shall be defined for each designated unit by the
Secretary based upon a determination of the period of time reasonably
and ordinarily necessary for such a single visit.
(3) Special admission permits for uses such as group activities may
be issued in accordance with procedures and at fees established by the
Secretary.
(4) A person may not be required to purchase an admission permit
under subsection (a)(1) of this section in order to travel by private
noncommercial vehicle over any road or highway--
(A)(i) established as part of the National Federal Aid System
(as defined in section 101 of title 23); and
(ii) commonly used by the public as a means of travel between
two places which are outside the designated unit; or
(B) to any land in which such person has a property interest if
such land is within any designated unit.
(5) A person may not be required to purchase an admission permit
under subsection (a)(1) of this section for entrance or admission to a
unit of the National Wildlife Refuge System created, expanded, or
modified by Public Law 96-487.
(c) Distribution of amounts collected
Amounts collected from the sale of admission permits under this
section and from fees collected at any unit of the National Wildlife
Refuge System under subsections (b) and (c) of section 4 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b), (c)) shall be
distributed as follows:
(A) Thirty per centum shall be available to the Secretary of the
Interior until expended. The Secretary shall use such amount--
(i) first, to defray the cost of collection;
(ii) next, for operation and maintenance of the collecting
unit; and
(iii) next, for operation and maintenance of all units
within the National Wildlife Refuge System, except those units
created, expanded, or modified by Public Law 96-487.
(B) Seventy percent shall be deposited into the migratory bird
conservation fund established under section 718d of this title.
(d) Persons accompanying permittees
A person who holds a stamp, passport, or permit described in
subsection (b) of this section shall be entitled to general entrance
into any designated unit, along with--
(1) any persons accompanying such person in a single, private,
noncommercial vehicle; or
(2) where entry to the area is by any means other than single,
private, noncommercial vehicle, the person and any accompanying
spouse, children, or parents.
(e) Restrictions
A permit issued under this section is nontransferable. Such a permit
may not authorize any uses for which fees are charged under the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.).
(f) Establishment of fees; posting of notices
(1) All fees established pursuant to this section shall be fair and
equitable. In establishing such fees, the Secretary shall consider the
following:
(A) The direct and indirect cost to the Government.
(B) The benefits to the permit holder.
(C) The public policy or interest served.
(D) The comparable fees charged by non-Federal public agencies.
(E) The economic and administrative feasibility of fee
collection and other pertinent factors.
(2) The Secretary shall require that notice that a fee has been
established under this section--
(A) be prominently posted at each designated unit and at
appropriate locations in each such unit; and
(B) to the extent practicable, be included in publications
distributed at such units.
(g) Volunteers
The Director of the United States Fish and Wildlife Service may
accept services of volunteers to sell admission permits under this
section or to sell Golden Eagle and Golden Age Passports or Migratory
Bird Hunting and Conservation Stamps. The Director may use funds
appropriated or otherwise made available to the Service to cover the
cost of any surety bond that may be required of a volunteer performing
the services authorized under this subsection.
(Pub. L. 99-645, title II, Sec. 201, Nov. 10, 1986, 100 Stat. 3584.)
References in Text
The Land and Water Conservation Fund Act of 1965, referred to in
subsecs. (a)(1) and (e), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897,
as amended, which is classified generally to part B (Sec. 460l-4 et
seq.) of subchapter LXIX of chapter 1 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 460l-4 of this title and Tables.
This chapter, referred to in subsec. (a)(2), was in the original
``this Act'', meaning Pub. L. 99-645, Nov. 10, 1986, 100 Stat. 3582,
known as the Emergency Wetlands Resources Act of 1986. For complete
classification of this Act to the Code, see Short Title note set out
under section 3901 of this title and Tables.
Public Law 96-487, referred to in subsecs. (b)(5) and (c)(A)(iii),
is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as amended, known as the
Alaska National Interest Lands Conservation Act. For complete
classification of this Act to the Code, see Short Title note set out
under section 3101 of this title and Tables.
Section Referred to in Other Sections
This section is referred to in section 3902 of this title.
