; and (ii) shall develop and make available to the public an application to obtain a special recreation permit described in each of clauses (ii) through (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, except where otherwise prohibited by law. (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) of this paragraph, the Secretary shall establish and may charge a predetermined fee, described in clause (ii) of this subparagraph, 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) of this subparagraph. (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 the enactment of the EXPLORE Act; (II) be established after the date of the enactment of the EXPLORE Act, in accordance with subsection (b)