36 CFR 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.