CITE
16 USC Sec. 460d-3 01/08/2008
EXPCITE
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXVI - PUBLIC PARK AND RECREATIONAL FACILITIES AT WATER
RESOURCE DEVELOPMENT PROJECTS
HEAD
Sec. 460d-3. Recreational user fees
STATUTE
(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) (!1) 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) (!1) of this title at the
water resources development project at which the fees were
collected.
SOURCE
(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.)
REFERENCES IN TEXT
Subsections (b) and (i)(3) of section 460l-6a of this title,
referred to in subsec. (b)(1), (4), were repealed by Pub. L. 108-
447, div. J, title VIII, Sec. 813(a), Dec. 8, 2004, 118 Stat.
3390, as amended by Pub. L. 109-54, title I, Sec. 132(a), Aug. 2,
2005, 119 Stat. 526.
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."
FOOTNOTE
(!1) See References in Text note below.