[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR59.4]

[Page 300-301]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 59_LAND AND WATER CONSERVATION FUND PROGRAM OF ASSISTANCE TO STATES; 
POST-COMPLETION COMPLIANCE RESPONSIBILITIES--Table of Contents
 
Sec. 59.4  Residency requirements.

    (a) Background. Section 6(f)(8) of the L&WCF Act prohibits 
discrimination on the basis of residence, including preferential 
reservation or membership systems, except to the extent that reasonable 
differences in admission and other fees may be maintained on such basis. 
This prohibition applies to both regularly scheduled and special events. 
The general provisions regarding non-discrimination at sites assisted 
under Interior programs and, thereby, all other recreation facilities 
managed by a project sponsor, are covered in 43 CFR part 17 which 
implements the provisions of Title VI of the Civil Rights Act of 1964 
for the Department.
    (b) Policy. There shall be no discrimination for L&WCF assisted 
programs and services on the basis of residence, except in reasonable 
fee differentials. Post-completion compliance responsibilities of the 
recipient should continue to ensure that discrimination on the basis of 
residency is not occurring.
    (c) Fees. Fees charged to nonresidents cannot exceed twice that 
charged to residents. Where there is no charge for residents but a fee 
is charged to nonresidents, nonresident fees cannot exceed fees charged 
for residents at comparable State or local public facilities. 
Reservation, membership, or annual permit systems available to residents 
must also be available to nonresidents and the period of availability 
must be the same for both residents and nonresidents. Recipients are 
prohibited from providing residents the option of purchasing annual or 
daily permits while at the same time restricting nonresidents to the 
purchase of annual permits only. These provisions apply only to the 
approved 6(f)(3) areas applicable to the recipient. Nonresident

[[Page 301]]

fishing and hunting license fees are excluded from these requirements.