U.S. Code » Title 16 » Chapter CHAPTER 87— FEDERAL LANDS RECREATION ENHANCEMENT

16 U.S.C. § 6811

Enforcement and protection of receipts

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(a) Enforcement authority

The Secretary concerned shall enforce payment of the recreation fees authorized by this chapter.

(b) Evidence of nonpayment

If the display of proof of payment of a recreation fee, or the payment of a recreation fee within a certain time period is required, failure to display such proof as required or to pay the recreation fee within the time period specified shall constitute nonpayment.

(c) Joint liability

The registered owner and any occupant of a vehicle charged with a nonpayment violation involving the vehicle shall be jointly liable for penalties imposed under this section, unless the registered owner can show that the vehicle was used without the registered owner’s express or implied permission.

(d) Limitation on penalties

The failure to pay a recreation fee established under this chapter shall be punishable as a Class A or Class B misdemeanor, except that in the case of a first offense of nonpayment, the fine imposed may not exceed $100, notwithstanding section 3571(e) of title 18.

(Pub. L. 108–447, div. J, title VIII, § 812, Dec. 8, 2004, 118 Stat. 3390.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a) and (d), was in the original “this Act”, and was translated as reading “this title”, meaning title VIII of div. J of Pub. L. 108–447, Dec. 8, 2004, 118 Stat. 3377, known as the Federal Lands Recreation Enhancement Act, to reflect the probable intent of Congress. For complete classification of title VIII to the Code, see Short Title note set out under section 6801 of this title and Tables.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2010–2021 · leading case: United States v. Smith, 740 F. Supp. 2d 1111 (D. Ariz. 2010).
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United States v. Smith, 740 F. Supp. 2d 1111 (D. Ariz. 2010). · cites it 4× “” 16 U.S.C. § 6811 (d) (2000 & Supp.2010). The term “recreation fee” includes a standard amenity recreation fee.”
Dana Ludwig v. United States, 21 F.4th 929 (7th Cir. 2021). “Ludwig also argues that the fee was not a parking fee because all passengers in a car are jointly liable for a fine resulting from failure to pay the fee, see 16 U.S.C. § 6811 (c), and because of the possibility that the Forest Service charged for parking and not per person out…”
Sherer v. United States Forest Serv., 727 F. Supp. 2d 1080 (D. Colo. 2010). “16 U.S.C. § 6811 (a). As stated, the REA repealed the Recreational Fee Demonstration Program, enacted in 1996, which previously provided authority for the collection of admission and special recreation use fees.”
Ludwig v. United States (N.D. Ill. 2021). “” 16 U.S.C. § 6811 (c). The actual pass that Johnson received is also tied to a vehicle.”
Ludwig v. United States (N.D. Ill. 2021). “” 16 U.S.C. § 6811 (c). The actual pass that Johnson received is also tied to a vehicle.”
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