§ 460d-3. — Recreational user fees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460d-3]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVI--PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER
RESOURCE DEVELOPMENT PROJECTS
Sec. 460d-3. Recreational user fees
(a) Prohibition on admissions fees
No entrance or admission fees shall be collected after March 31,
1970, by any officer or employee of the United States at public
recreation areas located at lakes and reservoirs under the jurisdiction
of the Corps of Engineers, United States Army.
(b) Fees for use of developed recreation sites and facilities
(1) Establishment and collection
Notwithstanding section 460l-6a(b) of this title, the Secretary
of the Army is authorized, subject to paragraphs (2) and (3), to
establish and collect fees for the use of developed recreation sites
and facilities, including campsites, swimming beaches, and boat
launching ramps but excluding a site or facility which includes only
a boat launch ramp and a courtesy dock.
(2) Exemption of certain facilities
The Secretary shall not establish or collect fees under this
subsection for the use or provision of drinking water, wayside
exhibits, roads, scenic drives, overlook sites, picnic tables,
toilet facilities, surface water areas, undeveloped or lightly
developed shoreland, or general visitor information.
(3) Per vehicle limit
The fee under this subsection for use of a site or facility
(other than an overnight camping site or facility or any other site
or facility at which a fee is charged for use of the site or
facility as of August 10, 1993) for persons entering the site or
facility by private, noncommercial vehicle transporting not more
than 8 persons (including the driver) shall not exceed $3 per day
per vehicle. Such maximum amount may be adjusted annually by the
Secretary for changes in the Consumer Price Index of All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.
(4) Deposit into Treasury account
All fees collected under this subsection shall be deposited into
the Treasury account for the Corps of Engineers established by
section 460l-6a(i) of this title and, subject to the availability of
appropriations, shall be used for the purposes specified in section
460l-6a(i)(3) of this title at the water resources development
project at which the fees were collected.
(Pub. L. 90-483, title II, Sec. 210, Aug. 13, 1968, 82 Stat. 746; Pub.
L. 103-66, title V, Sec. 5001(a), Aug. 10, 1993, 107 Stat. 378; Pub. L.
104-303, title II, Sec. 208(b)(1), Oct. 12, 1996, 110 Stat. 3680.)
Amendments
1996--Subsec. (b)(4). Pub. L. 104-303 inserted before period at end
``and, subject to the availability of appropriations, shall be used for
the purposes specified in section 460l-6a(i)(3) of this title at the
water resources development project at which the fees were collected''.
1993--Pub. L. 103-66 inserted section catchline, struck out second
sentence, designated remaining text as subsec. (a) and inserted heading,
and added subsec. (b). Prior to amendment, second sentence read as
follows: ``User fees at these lakes and reservoirs shall be collected by
officers and employees of the United States only from users of highly
developed facilities requiring continuous presence of personnel for
maintenance and supervision of the facilities, and shall not be
collected for access to or use of water areas, undeveloped or lightly
developed shoreland, picnic grounds, overlook sites, scenic drives, or
boat launching ramps where no mechanical or hydraulic equipment is
provided.''
Alternative to Annual Passes
Section 208(c) of Pub. L. 104-303, as amended by Pub. L. 106-53,
title II, Sec. 218, Aug. 17, 1999, 113 Stat. 294, provided that:
``(1) In general.--The Secretary shall evaluate the feasibility of
implementing an alternative to the $25 annual pass that the Secretary
currently offers to users of recreation facilities at water resources
projects of the Corps of Engineers.
``(2) Annual pass.--The evaluation under paragraph (1) shall include
the establishment on a test basis of an annual pass that costs $10 or
less for the use of recreation facilities, including facilities at
Raystown Lake, Pennsylvania.
``(3) Report.--Not later than December 31, 1999, the Secretary shall
transmit to Congress a report on the results of the evaluation carried
out under this subsection, together with recommendations concerning
whether annual passes for individual projects should be offered on a
nationwide basis.
``(4) Expiration of authority.--The authority to establish an annual
pass under paragraph (2) shall expire on the [sic] December 31, 2003.''
