US Code
CHAPTER 1009— ADMINISTRATION
§ 100904. Admission and special recreation use fees

(a)
System Units at Which Entrance Fees or Admissions Fees
Cannot Be Collected.—
(1)
Withholding of amounts.—
Notwithstanding section 107 of the Department of the Interior and Related
Agencies Appropriations Act, 1998 (Public Law
105–83, 111 Stat. 1561), the
Secretary shall withhold from the special account under section 807(a) of the
Federal Lands Recreation Enhancement Act (16
U.S.C. 6806(a)) 100 percent of the fees and charges collected in
connection with any System unit at which entrance fees or admission fees cannot
be collected by reason of deed restrictions.
(2)
Use of amounts.—
Amounts withheld under paragraph (1) shall be retained by the Secretary and
shall be available, without further appropriation, for expenditure by the
Secretary for the System unit with respect to which the amounts were collected
for the purposes of enhancing the quality of the visitor experience, protection
of resources, repair and maintenance, interpretation, signage, habitat or
facility enhancement, resource preservation, annual operation (including fee
collection), maintenance, and law enforcement.
(b)
Allocation of Funds to System Units.—
(1)
Allocation of funds on basis of need.—
Ten percent of the funds made available to the Director under subsection
(a) in each fiscal year shall be allocated among System units on the basis of
need in a manner to be determined by the Director.
(2)
Allocation of funds based on expenses and based on
fees collected.—
(A)
In general.—
Forty percent of the funds made available to the Director under
subsection (a) in each fiscal year shall be allocated among System units in
accordance with subparagraph (B) of this subsection and 50 percent shall be
allocated in accordance with subparagraph (C).
(B)
Allocation based on expenses.—
The amount allocated to each System unit under this paragraph for each
fiscal year based on expenses shall be a fraction of the total allocation to
all System units under this paragraph. The fraction for each System unit
shall be determined by dividing the operating expenses at that System unit
during the prior fiscal year by the total operating expenses at all System
units during the prior fiscal year.
(C)
Allocation based on fees collected.—
The amount allocated to each System unit under this paragraph for each
fiscal year based on fees collected shall be a fraction of the total
allocation to all System units under this paragraph. The fraction for each
System unit shall be determined by dividing the user fees and admission fees
collected under this section at that System unit during the prior fiscal
year by the total of user fees and admission fees collected under this
section at all System units during the prior fiscal year.
(3)
Availability of amounts.—
Amounts allocated under this subsection to any System unit for any fiscal
year and not expended in that fiscal year shall remain available for expenditure
at that System unit until expended.
(c)
Selling of Permits.—
(1)
Authority to sell permits.—
When authorized by the Secretary, volunteers at System units may sell
permits and collect fees authorized or established pursuant to this section. The
Secretary shall ensure that the volunteers have adequate training regarding—
(A)
the sale of permits and the collection of fees;
(B)
the purposes and resources of the System units in which they are
assigned; and
(C)
the provision of assistance and information to visitors to the System
unit.
(2)
Surety bond required.—
The Secretary shall require a surety bond for any such volunteer performing
services under this subsection. Funds available to the Service may be used to
cover the cost of the surety bond. The Secretary may enter into arrangements
with qualified public or private entities pursuant to which the entities may
sell (without cost to the United States) annual admission permits (including
Golden Eagle Passports) at any appropriate location. The arrangements shall
require each such entity to reimburse the United States for the full amount to
be received from the sale of the permits at or before the Secretary delivers the
permits to the entity for sale.
(d)
Charge for Transportation Provided by Service for Viewing
System Units.—
(1)
Charge when transportation provided.—
Where the Service provides transportation to view all or a portion of any
System unit, the Director may impose a charge for the service in lieu of an
admission fee under this section.
(2)
Retention of charge and use of retained
amount.—
Notwithstanding any other provision of law, half of the charges imposed
under paragraph (1) shall be retained by the System unit at which the service
was provided. The remainder shall be deposited in the same manner as receipts
from fees collected pursuant to this section. Fifty percent of the amount
retained shall be expended only for maintenance of transportation systems at the
System unit where the charge was imposed. The remaining 50 percent of the
retained amount shall be expended only for activities related to resource
protection at those System units.
(e)
Admission Fees.—
Where the primary public access to a System unit is provided by a concessioner,
the Secretary may charge an admission fee at the System unit only to the extent that
the total of the fee charged by the concessioner for access to the System unit and
the admission fee does not exceed the maximum amount of the admission fee that could
otherwise be imposed.
(f)
Commercial Tour Use Fees.—
(1)
Establishment.—
In the case of each System unit for which an admission fee is charged under
this section, the Secretary shall establish a commercial tour use fee to be
imposed on each vehicle entering the System unit for the purpose of providing
commercial tour services within the System unit.
(2)
Amount.—
The Secretary shall establish the amount of fee per entry as follows:
(A)
Twenty-five dollars per vehicle with a passenger capacity of 25
individuals or less.
(B)
Fifty dollars per vehicle with a passenger capacity of more than 25
individuals.
(3)
Adjustments.—
The Secretary may periodically make reasonable adjustments to the
commercial tour use fee imposed under this subsection.
(4)
Nonapplicability.—
The commercial tour use fee imposed under this subsection shall not apply
to the following:
(A)
Any vehicle transporting organized school groups or outings conducted
for educational purposes by schools or other bona fide educational
institutions.
(B)
Any vehicle entering a System unit pursuant to a contract issued under
subchapter II of chapter 1019 of this title.
(5)
Applicability.—
This subsection shall apply to aircraft entering the airspace of—
(A)
Haleakala̅ Crater, Crater Cabins, the Scientific Research Reserve,
Halemauu Trail, Kaupo Gap Trail, or any designated tourist viewpoint in
Haleakala̅ National Park or of Grand Canyon National Park; or
(B)
any other System unit for the specific purpose of providing commercial
tour services if the Secretary determines that the level of the services is
equal to or greater than the level at the System units specified in
subparagraph (A).

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