[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3550 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3550

  To modify the procedures for issuing special recreation permits for 
           certain public land units, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 4, 2018

  Mr. Heinrich (for himself and Mrs. Capito) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To modify the procedures for issuing special recreation permits for 
           certain public land units, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Land Recreational 
Opportunities Improvement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Associated agency.--The term ``associated agency'' 
        means the Federal land management agency, other than the lead 
        agency, that manages a public land unit that is the subject of 
        a single joint special recreation permit under section 7(a).
            (2) Federal land management agency.--The term ``Federal 
        land management agency'' has the meaning given the term in 
        section 802 of the Federal Lands Recreation Enhancement Act (16 
        U.S.C. 6801).
            (3) Lead agency.--With respect to a single joint special 
        recreation permit application submitted under section 7(a), the 
        term ``lead agency'' means the Federal land management agency 
        designated to administer the single joint special recreation 
        permit under section 7(a)(2).
            (4) Multijurisdictional trip.--The term 
        ``multijurisdictional trip'' means a trip that--
                    (A) uses 2 or more public land units; and
                    (B) is under the jurisdiction of 2 or more Federal 
                land management agencies.
            (5) Public land unit.--The term ``public land unit'' 
        means--
                    (A) a unit of the National Forest System;
                    (B) a unit of the National Park System;
                    (C) a unit of the National Wildlife Refuge System;
                    (D) a district of the Bureau of Land Management; 
                and
                    (E) a project of the Bureau of Reclamation.
            (6) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to a 
                public land unit described in paragraph (5)(A); and
                    (B) the Secretary of the Interior, with respect to 
                a public land unit described in subparagraph (B), (C), 
                (D), or (E) of paragraph (5).
            (7) Special recreation permit.--The term ``special 
        recreation permit'' has the meaning given the term in section 
        802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
        6801).

SEC. 3. SPECIAL RECREATION PERMIT AND FEE.

    (a) Definitions.--Section 802 of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6801) is amended--
            (1) in paragraph (1), by striking ``section 3(f)'' and 
        inserting ``803(f)'';
            (2) in paragraph (2), by striking ``section 3(g)'' and 
        inserting ``section 803(g)'';
            (3) in paragraph (6), by striking ``section 5'' and 
        inserting ``section 805'';
            (4) in paragraph (9), by striking ``section 5'' and 
        inserting ``section 805'';
            (5) in paragraph (12), by striking ``section 7'' and 
        inserting ``section 807'';
            (6) in paragraph (13), by striking ``section 3(h)'' and 
        inserting ``section 803(h)'';
            (7) by redesignating paragraphs (1), (3), (4), (5), (6), 
        (7), (8), (9) and (13) as paragraphs (15), (1), (3), (4), (5), 
        (6), (7), (8), and (14), respectively, and moving the 
        paragraphs so as to appear in numerical order;
            (8) by inserting after paragraph (8) (as so redesignated) 
        the following:
            ``(9) Recreation services provider.--The term `recreation 
        services provider' means an individual or entity that--
                    ``(A) provides outfitting, guiding, or other 
                recreation services; or
                    ``(B) conducts recreational or competitive events, 
                including incidental sales.''; and
            (9) by inserting after paragraph (12) the following:
            ``(13) Special recreation permit.--The term `special 
        recreation permit' means--
                    ``(A) with respect to the Forest Service, an 
                outfitting and guiding special use permit;
                    ``(B) with respect to the National Park Service, a 
                commercial use authorization for outfitting and 
                guiding;
                    ``(C) with respect to the United States Fish and 
                Wildlife Service, a special use permit for 
                recreational, sport fishing, or hunting guiding;
                    ``(D) with respect to the Bureau of Land 
                Management, a special recreation permit for commercial 
                outfitting; and
                    ``(E) with respect to the Bureau of Reclamation, a 
                use authorization for guiding, outfitting, or other 
                recreational services.''.
    (b) Special Recreation Permit and Fee.--Section 803 of the Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended--
            (1) in subsection (b)(5), by striking ``section 4(d)'' and 
        inserting ``section 804(d)''; and
            (2) by striking subsection (h) and inserting the following:
    ``(h) Special Recreation Permit and Fee.--
            ``(1) Special recreation permit.--The Secretary may issue a 
        special recreation permit for specialized individual or group 
        use of a Federal facility or Federal recreational lands and 
        waters to a recreation services provider for an activity at a 
        Federal facility or on Federal recreational lands and waters, 
        including--
                    ``(A) the use of--
                            ``(i) a special area; or
                            ``(ii) an area in which use is allocated;
                    ``(B) motorized recreational vehicle use; and
                    ``(C) a group activity or event.
            ``(2) Special recreation permit fee.--
                    ``(A) In general.--The Secretary may charge a 
                special recreation permit fee in connection with the 
                issuance of a special recreation permit under paragraph 
                (1).
                    ``(B) Amount of fee.--A special recreation permit 
                fee shall not exceed the difference between--
                            ``(i) the sum of--
                                    ``(I) 3 percent of the annual gross 
                                revenue of the recreation services 
                                provider for all activities authorized 
                                by special recreation permits; and
                                    ``(II) any applicable revenue 
                                addition; and
                            ``(ii) any applicable revenue exclusion or 
                        similar per-person fee.
                    ``(C) Disclosure of fees.--A special recreation 
                permit holder may inform customers of any fee charged 
                by the Secretary under this paragraph.
            ``(3) Reports.--The Secretary shall make available to 
        holders of special recreation permits under paragraph (1) and 
        the public an annual report describing the use of fees 
        collected by the Secretary under paragraph (2).''.
    (c) Use of Special Recreation Permit Revenue.--Section 808 of the 
Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended--
            (1) in subsection (a)(3)(F), by striking ``section 6(a)'' 
        and inserting ``section 806(a)'';
            (2) in subsection (d), by striking ``section 5'' each place 
        it appears and inserting ``section 805'';
            (3) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (4) by inserting after subsection (a) the following:
    ``(b) Use of Special Recreation Permit Fee Revenue.--Revenue from a 
special recreation permit fee may be used for--
            ``(1) the purposes described in subsection (a); and
            ``(2) expenses--
                    ``(A) associated with processing applications for 
                special recreation permits; and
                    ``(B) incurred in the improvement of the operation 
                of the special recreation permit system.''.
    (d) Permanent Authorization.--Section 810 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6809) is amended--
            (1) by striking ``The authority'' and inserting the 
        following:
    ``(a) In General.--Except as provided in subsection (b), the 
authority''; and
            (2) by adding at the end the following:
    ``(b) Applicability.--Subsection (a) shall not apply to--
            ``(1) section 803(h); or
            ``(2) section 808(b).''.

SEC. 4. PERMITTING PROCESS IMPROVEMENTS.

    (a) In General.--To improve the process of the issuance and renewal 
of special recreation permits and reduce the cost of administering 
special recreation permits, the Secretary concerned shall--
            (1) evaluate the special recreation permitting process;
            (2) identify opportunities--
                    (A) to eliminate duplicative processes;
                    (B) to reduce costs; and
                    (C) to decrease processing times; and
            (3) implement the improvements identified under paragraph 
        (2).
    (b) Environmental Reviews.--In issuing and renewing a special 
recreation permit, the Secretary concerned may, in accordance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)--
            (1) use a programmatic environmental review; and
            (2) adopt or incorporate material from a previous 
        environmental impact statement or environmental assessment.
    (c) Categorical Exclusions.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary concerned shall--
                    (A) evaluate whether 1 or more categorical 
                exclusions developed in compliance with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) would reduce processing times or costs for the 
                issuance and renewal of special recreation permits 
                without significantly affecting the human environment; 
                and
                    (B) if the Secretary concerned determines under 
                subparagraph (A) that a categorical exclusion would 
                reduce processing times or costs for the issuance and 
                renewal of special recreation permits without 
                significantly affecting the human environment, 
                establish that categorical exclusion in compliance with 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
            (2) Administration.--
                    (A) In general.--In administering a categorical 
                exclusion established under paragraph (1)(B), the 
                Secretary concerned shall comply with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) (including regulations promulgated pursuant to 
                that Act).
                    (B) Extraordinary circumstances.--In determining 
                whether to use a categorical exclusion established 
                under paragraph (1)(B), the Secretary concerned shall 
                apply the extraordinary circumstances procedures 
                described in--
                            (i) section 1508.4 of title 40, Code of 
                        Federal Regulations (or a successor 
                        regulation); and
                            (ii) as applicable--
                                    (I) section 220.6 of title 36, Code 
                                of Federal Regulations (or a successor 
                                regulation); or
                                    (II) section 46.215 of title 43, 
                                Code of Federal Regulations (or a 
                                successor regulation).
    (d) Needs Assessments.--Except as required under section 4(c) of 
the Wilderness Act (16 U.S.C. 1133(c)), the Secretary concerned shall 
not conduct a needs assessment as a condition of issuing a special 
recreation permit for a public land unit under this Act.

SEC. 5. PERMIT FLEXIBILITY.

    (a) Similar Activities.--The Secretary concerned shall establish a 
permit administration protocol that authorizes, to the maximum extent 
practicable, a permittee issued a special recreation permit for a 
public land unit under section 803(h) of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6802(h)) to engage in a recreational 
activity that is substantially similar to the specific activity 
authorized under the special recreation permit, if the substantially 
similar recreational activity does not--
            (1) result in a greater impact on natural and cultural 
        resources than the authorized activity; and
            (2) adversely affect any other permittee issued a special 
        recreation permit for a public land unit under that subsection.
    (b) Voluntary Return of Surplus Service Days.--
            (1) In general.--The Secretary concerned shall establish a 
        pilot program to allow a permittee issued a special recreation 
        permit for a public land unit to voluntarily and temporarily 
        return to the Secretary concerned 1 or more surplus service 
        days, to be made available to any other existing or potential 
        permittee.
            (2) Limitations.--A voluntary return of 1 or more surplus 
        service days under paragraph (1)--
                    (A) shall--
                            (i) be for a period of not more than--
                                    (I) 1 season beginning on the date 
                                on which the permittee makes the return 
                                and ending on a date determined by the 
                                Secretary; or
                                    (II) 1 calendar year beginning on 
                                the date on which the permittee makes 
                                the return; and
                            (ii) be without prejudice or penalty to the 
                        permittee who makes the return; and
                    (B) shall not be used to reduce any future 
                allocation of service days to the permittee who makes 
                the return.
    (c) Forest Service Temporary Permits.--Not later than 180 days 
after the date of enactment of this Act, the Secretary of Agriculture 
shall establish and implement a program--
            (1) to authorize the issuance of temporary special 
        recreation permits that are issued to permittees for a period 
        of not more than 2 years; and
            (2) to provide for the conversion of a temporary special 
        recreation permit issued under paragraph (1) to a long-term 
        special recreation permit beginning on the date on which the 
        Secretary of Agriculture has determined that the permittee has 
        completed 2 years of satisfactory operation under the temporary 
        special recreation permit.

SEC. 6. PERMIT ADMINISTRATION.

    (a) Permit Availability.--
            (1) Notification of permit availability.--If the Secretary 
        concerned has determined that special recreation permits are 
        available on a public land unit, the Secretary concerned shall 
        publish that information on the website of the Department of 
        Agriculture or the Department of the Interior, as applicable.
            (2) Updates.--The Secretary concerned shall ensure that 
        information published on the website under this subsection is 
        consistently updated to provide current and correct information 
        to the public.
            (3) Electronic mail notification.--The Secretary concerned 
        shall--
                    (A) establish a system by which potential special 
                recreation permit applicants may subscribe to receive 
                notification of the availability of special recreation 
                permits by electronic mail; and
                    (B) direct employees of the Department of 
                Agriculture or the Department of the Interior, as 
                applicable, to use that system to notify the public of 
                the availability of special recreation permits.
    (b) Permit Application Acknowledgment.--Not later than 60 days 
after the date on which the Secretary concerned receives an application 
for a special recreation permit for a public land unit, the Secretary 
concerned shall--
            (1) provide to the applicant notice acknowledging receipt 
        of the application; and
            (2)(A) issue a final decision with respect to the 
        application; or
            (B) provide to the applicant notice of a projected date for 
        a final decision on the application.

SEC. 7. PERMITS FOR MULTIJURISDICTIONAL TRIPS.

    (a) Single Joint Special Recreation Permits.--
            (1) In general.--In the case of a multijurisdictional trip, 
        the Federal land management agencies with jurisdiction over the 
        multijurisdictional trip may offer to the applicant a single 
        joint special recreation permit that authorizes the use of each 
        public land unit under the jurisdiction of those Federal land 
        management agencies.
            (2) Lead agency.--In offering a single joint special 
        recreation permit under paragraph (1), the applicable Federal 
        land management agencies shall designate a lead agency for 
        administering the single joint special recreation permit based 
        on the following considerations:
                    (A) The length of the multijurisdictional trip and 
                the relative portions of the multijurisdictional trip 
                on each public land unit.
                    (B) The congressional or administrative 
                designations that apply to the areas to be used during 
                the multijurisdictional trip and the degree to which 
                those designations impose limitations on recreational 
                use.
                    (C) The relative ability of the Federal land 
                management agencies with jurisdiction over the 
                multijurisdictional trip to respond to the single joint 
                special recreation permit application in a timely 
                manner.
                    (D) Other relevant administrative considerations.
            (3) Application.--An applicant desiring to be offered a 
        single joint special recreation permit under paragraph (1) 
        shall submit to the lead agency an application, as required by 
        the lead agency.
            (4) Option to apply for separate permits.--An applicant for 
        a special recreation permit for a multijurisdictional trip may 
        apply to each applicable Federal land management agency for a 
        separate permit for the portion of the multijurisdictional trip 
        on the public land unit managed by each applicable Federal land 
        management agency.
    (b) Requirements.--In issuing a single joint special recreation 
permit under subsection (a), the lead agency shall--
            (1) coordinate with the associated agency, consistent with 
        the authority of the Secretary concerned under section 330 of 
        the Department of the Interior and Related Agencies 
        Appropriations Act, 2001 (43 U.S.C. 1703), to develop and issue 
        1 joint permit that covers the entirety of the 
        multijurisdictional trip;
            (2) in processing the joint recreation permit application, 
        incorporate the findings, interests, and needs of the 
        associated agency; and
            (3) complete the permitting process within a reasonable 
        timeframe.
    (c) Cost Recovery.--The coordination with the associated agency 
under subsection (b) shall not be subject to cost recovery.
    (d) Effect of Section.--Nothing in this section modifies, expands, 
or limits the applicability of any Federal law (including regulations) 
to land managed by the Secretary concerned.

SEC. 8. PERMIT FEE CALCULATION.

    (a) Exclusion of Certain Revenue and Payments.--In calculating fees 
for a special recreation permit, the Secretary concerned shall--
            (1) exclude revenue from goods, services, souvenirs, 
        merchandise, gear, food, and activities provided or sold by a 
        permit holder outside of the public land unit covered by the 
        permit, including transportation costs, lodging, and any other 
        service provided before or after a trip; and
            (2) provide for a deduction in the amount equal to any fee 
        to be paid by the special recreation permit holder under 
        applicable law for a special recreation permit for an activity 
        on a public land unit for which a separate permit is issued.

SEC. 9. FOREST SERVICE PERMIT USE REVIEWS.

    (a) In General.--In carrying out a use review, a renewal, or an 
adjustment of allocations of use with respect to a special recreation 
permit for use of a public land unit managed by the Forest Service, the 
Secretary of Agriculture (referred to in this section as the 
``Secretary'') shall--
            (1) allocate the highest level of actual annual use during 
        the period under review plus 25 percent of that use, not to 
        exceed the level allocated to the permit holder on the date on 
        which the permit was issued, if the Secretary determines that a 
        special recreation permit holder has received a satisfactory 
        performance review; and
            (2)(A) recognize that recreation demand can vary 
        considerably as a result of seasonal variations and during off-
        peak periods; and
            (B) take that variability into account in determining 
        whether an allocation to a special recreation permit holder 
        should be adjusted.
    (b) Waiver.--The Secretary may waive a special recreation permit 
use review for any period during which use of the assigned capacity has 
been prevented by a circumstance beyond the control of the permit 
holder such as--
            (1) unfavorable weather;
            (2) fire;
            (3) natural disaster;
            (4) wildlife displacement; or
            (5) business interruption.

SEC. 10. LIABILITY.

    (a) Indemnification by Government Entities.--The Secretary 
concerned may not require an organization to indemnify the United 
States as a condition for issuing a special recreation permit for a 
public land unit under this Act if--
            (1) the organization is prohibited by State or local law 
        from providing indemnification to the United States; and
            (2) the organization carries adequate liability insurance 
        coverage, or is adequately self-insured, for activities 
        conducted under the special recreation permit.
    (b) Exculpatory Agreements.--The Secretary shall not implement, 
administer, or enforce any regulation or policy prohibiting the use of 
an exculpatory agreement between a recreation service provider and a 
customer of the recreation service provider for services provided under 
a special recreation permit.
                                 <all>