[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR71.3]

[Page 390]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 71_RECREATION FEES--Table of Contents
 
Sec.  71.3  Designation.

    (a) An area or closely related group of areas shall be designated as 
an area at which entrance fees shall be charged (hereinafter 
``Designated Entrance Fee Area'') if the following conditions are found 
to exist concurrently:
    (1) The area is a unit of the National Park System administered by 
the Department of the Interior;
    (2) The area is administered primarily for scenic, scientific, 
historical, cultural, or recreation purposes;
    (3) The area has recreation facilities or services provided at 
Federal expense; and
    (4) The nature of the area is such that entrance fee collection is 
administratively and economically practical.
    (b) Any specialized site, facility, equipment or service related to 
outdoor recreation (hereinafter ``facility'') shall be designated as a 
facility for which a recreation use fee shall be charged (hereinafter 
``Designated Recreation Use Facility'') if:
    (1) For each Designated Recreation Use Facility, at least one of the 
following criteria is satisfied:
    (i) A substantial Federal investment has been made in the facility,
    (ii) The facility requires regular maintenance,
    (iii) The facility is characterized by the presence of personnel, or
    (iv) The facility is utilized for the personal benefit of the user 
for a fixed period of time; and,
    (2) For each Designated Recreation Use Facility, all of the 
following criteria are satisfied:
    (i) The facility is developed, administered, or provided by any 
bureau of the Department of the Interior,
    (ii) The facility is provided at Federal expense, and
    (iii) The nature of the facility is such that fee collection is 
administratively and economically practical.
    (3) In no event shall any of the following, whether used singly or 
in any combination, be designated as facilities for which recreation use 
fees shall be charged: Drinking water, wayside exhibits, roads, overlook 
sites, visitors' centers, scenic drives, toilet facilities, picnic 
tables, and boat ramps. The first sentence of this paragraph does not 
apply to boat launching facilities with specialized facilities or 
services, such as mechanical or hydraulic boat lifts or facilities. Such 
boat launching facilities shall be designated as facilities for which 
recreation use fees shall be charged, Provided, They satisfy the 
requirements of paragraphs (b) (1) and (2) of this section.
    (4) In no event shall a campground, which satisfies the requirements 
of paragraphs (b) (1) and (2) of this section, be designated as a 
facility for which recreation use fees shall be charged unless the 
campground has all of the following: Tent or trailer spaces, drinking 
water, access road, refuse containers, toilet facilities, personal fee 
collection, reasonable visitor protection, and simple devices for 
containing a campfire where campfires are permitted. A campground may be 
designated for recreation use fee collection whether the above 
enumerated amenities are provided for individual or group use.
    (c) Any specialized recreation use including, but not limited to, 
group activities, recreation events, or the use of motorized recreation 
vehicles, shall qualify as a use for which a special recreation permit 
fee may be charged (hereinafter ``Special Recreation Permit Use'') if 
such use occurs in areas under the jurisdiction of any bureau of the 
Department of the Interior.

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