; and (ii) shall develop and make available to the public an application to obtain a special recreation permit described in clause (ii), (iii), or (iv) of section 802(13)(A). (B) Issuance of permits On review of a completed application developed under subparagraph (A), as applicable, and a determination by the Secretary that the applicant is eligible for the special recreation permit, the Secretary may issue to the applicant a special recreation permit, subject to any terms and conditions that are determined to be necessary by the Secretary. (C) Incidental sales A special recreation permit issued under this paragraph may include an authorization for sales that are incidental in nature to the permitted use of the Federal recreational lands and waters. (2) Special recreation permit fees (A) In general The Secretary may charge a special recreation permit fee for the issuance of a special recreation permit in accordance with this paragraph. (B) Predetermined special recreation permit fees (i) In general For purposes of subparagraphs (D) and (E), the Secretary shall establish and may charge a predetermined fee, described in clause (ii), for a special recreation permit described in clause (iii) or (iv) of section 802(13)(A) for a specific type of use on a unit of Federal recreational lands and waters, consistent with the criteria set forth in clause (iii). (ii) Type of fee A predetermined fee described in clause (i) shall be— (I) a fixed fee that is assessed per special recreation permit, including a fee with an associated size limitation or other criteria as determined to be appropriate by the Secretary; or (II) an amount assessed per visitor-use day. (iii) Criteria A predetermined fee under clause (i) shall— (I) have been established before the date of enactment of the America's Outdoor Recreation Act of 2023 ; (II) be established after the date of enactment of the America's Outdoor Recreation Act of 2023 , in accordance with subsection (b)