Federal Lands Recreation Enhancement Act

Federal Lands Recreation Enhancement Act
“Public Participation” & “Recreation Resource
Advisory Committee” Provisions
PL 108-447; Consolidated Appropriations Act; Div. J, Title VIII

SEC. 804. PUBLIC PARTICIPATION.
(a) In General- As required in this section, the Secretary shall provide
the public with opportunities to participate in the development of or
changing of a recreation fee established under this Act.
(b) Advance Notice- The Secretary shall publish a notice in the Federal
Register of the establishment of a new recreation fee area for each
agency 6 months before establishment. The Secretary shall publish
notice of a new recreation fee or a change to an existing recreation fee
established under this Act in local newspapers and publications located
near the site at which the recreation fee would be established or
changed.
(c) Public Involvement- Before establishing any new recreation fee
area, the Secretary shall provide opportunity for public involvement
by-(1) establishing guidelines for public involvement;
(2) establishing guidelines on how agencies will demonstrate on
an annual basis how they have provided information to the
public on the use of recreation fee revenues; and
(3) publishing the guidelines in paragraphs (1) and (2) in the
Federal Register.
(d) Recreation Resource Advisory Committee(1) ESTABLISHMENT(A) AUTHORITY TO ESTABLISH- Except as provided in
subparagraphs (C) and (D), the Secretary or the
Secretaries shall establish a Recreation Resource Advisory
Committee in each State or region for Federal
recreational lands and waters managed by the Forest
Service or the Bureau of Land Management to perform
the duties described in paragraph (2).
(B) NUMBER OF COMMITTEES- The Secretary may have
as many additional Recreation Resource Advisory
Committees in a State or region as the Secretary
considers necessary for the effective operation of this Act.
(C) EXCEPTION- The Secretary shall not establish a
Recreation Resource Advisory Committee in a State if the
Secretary determines, in consultation with the Governor
of the State, that sufficient interest does not exist to

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ensure that participation on the Committee is balanced in
terms of the points of view represented and the functions
to be performed.
(D) USE OF OTHER ENTITIES- In lieu of establishing a
Recreation Resource Advisory Committee under
subparagraph (A), the Secretary may use a Resource
Advisory Committee established pursuant to another
provision of law and in accordance with that law or a
recreation fee advisory board otherwise established by
the Secretary to perform the duties specified in paragraph
(2).
(2) DUTIES- In accordance with the procedures required by
paragraph (9), a Recreation Resource Advisory Committee may
make recommendations to the Secretary regarding a standard
amenity recreation fee or an expanded amenity recreation fee,
whenever the recommendations relate to public concerns in the
State or region covered by the Committee regarding-(A) the implementation of a standard amenity recreation
fee or an expanded amenity recreation fee or the
establishment of a specific recreation fee site;
(B) the elimination of a standard amenity recreation fee
or an expanded amenity recreation fee; or
(C) the expansion or limitation of the recreation fee
program.
(3) MEETINGS- A Recreation Resource Advisory Committee shall
meet at least annually, but may, at the discretion of the
Secretary, meet as often as needed to deal with citizen concerns
about the recreation fee program in a timely manner.
(4) NOTICE OF REJECTION- If the Secretary rejects the
recommendation of a Recreation Resource Advisory Committee,
the Secretary shall issue a notice that identifies the reasons for
rejecting the recommendation to the Committee on Resources
of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate not later than 30 days
before the Secretary implements a decision pertaining to that
recommendation.
(5) COMPOSITION OF THE ADVISORY COMMITTEE(A) NUMBER- A Recreation Resource Advisory Committee
shall be comprised of 11 members.
(B) NOMINATIONS- The Governor and the designated
county official from each county in the relevant State or
Region may submit a list of nominations in the categories
described under subparagraph (D).
(C) APPOINTMENT- The Secretary may appoint members
of the Recreation Resource Advisory Committee from the
list as provided in subparagraph (B).
(D) BROAD AND BALANCED REPRESENTATION- In
appointing the members of a Recreation Resource

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Advisory Committee, the Secretary shall provide for a
balanced and broad representation from the recreation
community that shall include the following:
(i) Five persons who represent recreation users and
that include, as appropriate, persons representing
the following:
(I) Winter motorized recreation, such as
snowmobiling.
(II) Winter non-motorized recreation, such
as snowshoeing, cross country and down hill
skiing, and snowboarding.
(III) Summer motorized recreation, such as
motorcycles, boaters, and off-highway
vehicles.
(IV) Summer nonmotorized recreation, such
as backpacking, horseback riding, mountain
biking, canoeing, and rafting.
(V) Hunting and fishing.
(ii) Three persons who represent interest groups
that include, as appropriate, the following:
(I) Motorized outfitters and guides.
(II) Non-motorized outfitters and guides.
(III) Local environmental groups.
(iii) Three persons, as follows:
(I) State tourism official to represent the
State.
(II) A person who represents affected Indian
tribes.
(III) A person who represents affected local
government interests.
(6) TERM(A) LENGTH OF TERM- The Secretary shall appoint the
members of a Recreation Resource Advisory Committee
for staggered terms of 2 and 3 years beginning on the
date that the members are first appointed. The Secretary
may reappoint members to subsequent 2- or 3-year
terms.
(B) EFFECT OF VACANCY- The Secretary shall make
appointments to fill a vacancy on a Recreation Resource
Advisory Committee as soon as practicable after the
vacancy has occurred.
(C) EFFECT OF UNEXPECTED VACANCY- Where an
unexpected vacancy occurs, the Governor and the
designated county officials from each county in the
relevant State shall provide the Secretary with a list of
nominations in the relevant category, as described under
paragraph (5)(D), not later than two months after
notification of the vacancy. To the extent possible, a

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vacancy shall be filled in the same category and term in
which the original appointment was made.
(7) CHAIRPERSON- The chairperson of a Recreation Resource
Advisory Committee shall be selected by the majority vote of
the members of the Committee.
(8) QUORUM- Eight members shall constitute a quorum. A
quorum must be present to constitute an official meeting of a
Recreation Resource Advisory Committee.
(9) APPROVAL PROCEDURES- A Recreation Resource Advisory
Committee shall establish procedures for making
recommendations to the Secretary. A recommendation may be
submitted to the Secretary only if the recommendation is
approved by a majority of the members of the Committee from
each of the categories specified in paragraph (5)(D) and general
public support for the recommendation is documented.
(10) COMPENSATION- Members of the Recreation Resource
Advisory Committee shall not receive any compensation.
(11) PUBLIC PARTICIPATION IN THE RECREATION RESOURCE
ADVISORY COMMITTEE(A) NOTICE OF MEETINGS- All meetings of a Recreation
Resource Advisory Committee shall be announced at least
one week in advance in a local newspaper of record and
the Federal Register, and shall be open to the public.
(B) RECORDS- A Recreation Resource Advisory
Committee shall maintain records of the meetings of the
Recreation Resource Advisory Committee and make the
records available for public inspection.
(12) FEDERAL ADVISORY COMMITTEE ACT- A Recreation
Resource Advisory Committee is subject to the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.).
(e) Miscellaneous Administrative Provisions Regarding Recreation Fees
and Recreation Passes(1) NOTICE OF ENTRANCE FEES, STANDARD AMENITY
RECREATION FEES, AND PASSES- The Secretary shall post clear
notice of any entrance fee, standard amenity recreation fee, and
available recreation passes at appropriate locations in each unit
or area of a Federal land management agency where an
entrance fee or a standard amenity recreation fee is charged.
The Secretary shall include such notice in publications
distributed at the unit or area.
(2) NOTICE OF RECREATION FEE PROJECTS- To the extent
practicable, the Secretary shall post clear notice of locations
where work is performed using recreation fee or recreation pass
revenues collected under this Act.

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