---
kind: "section"
citation: "36 C.F.R. § 14.8"
title: "36"
number: "14.8"
heading: "Use and occupancy fee."
url: "https://uscodex.org/cfr/36/14.8"
---

# §14.8. Use and occupancy fee.

- (a) Every permittee must pay a use and occupancy fee to the NPS for the use and occupancy of federally owned lands and waters within the National Park System, except as provided in [paragraph (e)](#e) of this section.
- (b) The use and occupancy fee will be the fair market value of the use and occupancy of federally owned lands and waters under the right-of-way permit.
  - (1) The NPS may adopt any method approved by the Department of the Interior to determine the use and occupancy fee.
  - (2) Costs for administration of the right-of-way program will be collected by the NPS in accordance with OMB Circular A-25 at the current indirect cost rate and will be retained as cost recovery under [54 U.S.C. 103104](/usc/54/103104.md) out of the use and occupancy fees collected on right-of-way permits issued.
  - (3) If a permittee's infrastructure is for both exempt and non-exempt uses or users, as provided in [paragraphs (e)(1) through (4)](#e-1..e-4) of this section, only those discrete portions that serve exempt uses or users may be eligible for exemption from the use and occupancy fee.
- (c) The use and occupancy fee may be re-evaluated at any time during the term of a right-of-way permit at the discretion of the NPS, but at a minimum will be re-evaluated every 10 years.
- (d) The use and occupancy fee will be re-evaluated when a right-of-way permit is renewed under [§ 14.12](/cfr/36/14.12.md) of this part and when a subsequent right-of-way permit is issued for infrastructure that was authorized under an expired right-of-way permit that was not renewed in a timely manner.
- (e) A permittee may be exempt from paying a use and occupancy fee if their infrastructure is exclusively:
  - (1) Used by a Federal Government agency, including the NPS;
  - (2) Serving the purposes of an authorized use and occupancy for which the NPS is already receiving compensation that was determined in consideration of services provided by the permittee;
  - (3) Operated or used by a Tribal, State, or local government for a direct non-commercial use; or
  - (4) For a project that is clearly in the public interest and consistent with the purposes and values of the park area.

## Notes

### Authority

Authority: 54 U.S.C. 100902; 54 U.S.C. 100751; 54 U.S.C. 103104; 31 U.S.C. 9701

### Source

Source: 89 FR 96550, Dec. 5, 2024, unless otherwise noted.