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Pay to Play? The Past, Present, and Future of Recreation Fees on Federal Public Lands

The United States has historically valued free access to most public lands. But federal land management agencies also rely on users’ fee dollars to support critical operations. This tension between “free access” and “user pays” has been an important feature of public land law since the late 1800s. The primary statute at issue is the Federal Lands Recreation Enhancement Act (FLREA), which authorizes fees at some sites while mandating free access at others.

89 FR 5572

The Bureau of Indian Affairs proclaimed approximately 1,483.03 acres as an addition to the reservation of Pascua Yaqui Tribe.

89 FR 2944

EPA adopted DOE’s electric vehicle charging stations categorical exclusion under NEPA.

89 FR 2214

The Defense Advanced Research Projects Agency adopted the Department of the Navy’s categorical exclusion under NEPA for the installation and operation of passive scientific measurement devices. 

88 FR 85838

OSM approved, with two deferrals, an amendment to the Virginia regulatory program under SMCRA.

88 FR 83694

The Bureau of Safety and Environmental Enforcement proposed to incorporate certain documents by reference—Production Measurement Industry Standards and Safety Industry Standards, including one International Organization for Standardization/International Electrotechnical Commission standard—into the regulations governing oil, gas, and sulfur operations on the outer continental shelf.

88 FR 83073

The Forest Service proposed to establish a new Forest Service Manual chapter and new direction for all types of monitoring activities across the National Forest System to track conditions and inform evidence-based decisionmaking and adaptive management.

88 FR 80298

EPA adopted a Bureau of Indian Affairs’ categorical exclusion for waste management activities involving remediation of hazardous waste sites under NEPA for use by EPA’s Contaminated Alaska Native Claims Settlement Act Lands Assistance Program. 

88 FR 75530

The Forest Service proposed to amend its special use regulations, which prohibit authorizing exclusive and perpetual use and occupancy of National Forest System lands, to provide an exemption for carbon capture and storage. 

BLM’s Conservation Rule and Conservation as a “Use”

In April, the Bureau of Land Management (BLM) proposed new regulations governing land management decisions on public lands. Dubbed the “conservation rule,” this rule seeks to protect intact landscapes, restore degraded habitat, and manage for ecosystem resilience.