[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1630 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1630
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
May 16, 2023
Mr. Heinrich (for himself, Mrs. Capito, Mr. Bennet, Mr. Risch, Mr.
King, Ms. Collins, Ms. Cortez Masto, Mr. Daines, Mr. Wyden, Mr. Crapo,
Mr. Tester, and Mr. Rounds) 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 ``Simplifying Outdoor Access for
Recreation Act'' or the ``SOAR Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commercial use authorization.--The term ``commercial
use authorization'' means a commercial use authorization to
provide services to visitors to units of the National Park
System under subchapter II of chapter 1019 of title 54, United
States Code.
(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) Federal recreational lands and waters.--The term
``Federal recreational lands and waters'' has the meaning given
the term in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801).
(4) Recreation service provider.--The term ``recreation
service provider'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801) (as amended by section 3(b)(9)).
(5) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; or
(B) the Secretary of Agriculture, with respect to
land managed by the Forest Service.
(8) 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) (as amended by section 3(b)(10)).
(9) Visitor-use day.--The term ``visitor-use day'' means a
visitor-use day, user day, launch, or other metric used by the
Secretary concerned for purposes of authorizing use under a
special recreation permit.
SEC. 3. AMENDMENTS TO THE FEDERAL LANDS RECREATION ENHANCEMENT ACT.
(a) Short Title.--The Federal Lands Recreation Enhancement Act (16
U.S.C. 6801 et seq.) is amended by striking section 801 and inserting
the following:
``SEC. 801. SHORT TITLE.
``This title may be cited as the `Federal Lands Recreation
Enhancement Act'.''.
(b) Definitions.--Section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) is amended--
(1) in the matter preceding paragraph (1), by striking
``this Act'' and inserting ``this title'';
(2) in paragraph (1), by striking ``section 3(f)'' and
inserting ``section 803(f)'';
(3) in paragraph (2), by striking ``section 3(g)'' and
inserting ``section 803(g)'';
(4) in paragraph (6), by striking ``section 5(a)(7)'' and
inserting ``section 805(a)(7)'';
(5) in paragraph (9), by striking ``section 5(d)'' and
inserting ``section 805(d)'';
(6) in paragraph (12), by striking ``section 7'' and
inserting ``section 807'';
(7) in paragraph (13), by striking ``section 3(h)'' and
inserting ``section 803(h)(2)'';
(8) by redesignating paragraphs (1), (3), (4), (5), (6),
(7), (8), (9), (10), (11), and (13) as paragraphs (15), (1),
(3), (4), (5), (6), (7), (8), (11), (10), and (14),
respectively, and moving the paragraphs so as to appear in
numerical order;
(9) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Recreation service provider.--The term `recreation
service provider' means a person that provides recreational
services to the public under a special recreation permit under
clause (iii) or (iv) of paragraph (13)(A).''; and
(10) by inserting after paragraph (12) the following:
``(13) Special recreation permit.--
``(A) In general.--The term `special recreation
permit' means a permit issued by a Federal land
management agency for the use of Federal recreational
lands and waters--
``(i) for a specialized recreational use
not described in clause (ii), (iii), or (iv),
such as--
``(I) an organizational camp;
``(II) a single event that does not
require an entry or participation fee
that is not strictly a sharing of
expenses for the purposes of the event;
and
``(III) participation by the public
in a recreation activity or recreation
use of a specific area of Federal
recreational lands and waters in which
use by the public is allocated;
``(ii) for a large-group activity or event
for not fewer than 75 participants;
``(iii) for--
``(I) at the discretion of the
Secretary, a single organized group
recreation activity or event (including
an activity or event in which motorized
recreational vehicles are used or in
which outfitting and guiding services
are used) that--
``(aa) is a structured or
scheduled event or activity;
``(bb) is not competitive
and is for fewer than 75
participants;
``(cc) may charge an entry
or participation fee;
``(dd) involves fewer than
200 visitor-use days; and
``(ee) is undertaken or
provided by the recreation
service provider at the same
site not more frequently than 3
times a year;
``(II) a single competitive event;
or
``(III) at the discretion of the
Secretary, a recurring organized group
recreation activity (including an
outfitting and guiding activity) that--
``(aa) is a structured or
scheduled activity;
``(bb) is not competitive;
``(cc) may charge a
participation fee;
``(dd) occurs in a group
size of fewer than 7
participants;
``(ee) involves fewer than
40 visitor-use days; and
``(ff) is undertaken or
provided by the recreation
service provider for a term of
not more than 180 days; or
``(iv) for--
``(I) a recurring outfitting,
guiding, or, at the discretion of the
Secretary, other recreation service,
the authorization for which is for a
term of not more than 10 years; or
``(II) a recurring outfitting,
guiding, or, at the discretion of the
Secretary, other recreation service,
that occurs under a transitional
special recreation permit authorized
under section 5(a) of the Simplifying
Outdoor Access for Recreation Act.
``(B) Exclusions.--The term `special recreation
permit' does not include--
``(i) a concession contract for the
provision of accommodations, facilities, or
services;
``(ii) a commercial use authorization
issued under section 101925 of title 54, United
States Code; or
``(iii) any other type of permit, including
a special use permit administered by the
National Park Service.''.
(c) Special Recreation Permits and Fees.--Section 803 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (b)(5), by striking ``section 4(d)'' and
inserting ``section 804(d)''; and
(3) by striking subsection (h) and inserting the following:
``(h) Special Recreation Permits and Fees.--
``(1) Special recreation permits.--
``(A) Applications.--The Secretary--
``(i) may develop and make available to the
public an application to obtain a special
recreation permit described in clause (i) of
section 802(13)(A); 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
Simplifying Outdoor Access for
Recreation Act;
``(II) be established after the
date of enactment of the Simplifying
Outdoor Access for Recreation Act in
accordance with subsection (b);
``(III)(aa) be established after
the date of enactment of the
Simplifying Outdoor Access for
Recreation Act; and
``(bb) be comparable to an amount
described in subparagraph (D)(ii) or
(E)(ii), as applicable; or
``(IV) beginning on the date that
is 2 years after the date of enactment
of the Simplifying Outdoor Access for
Recreation Act, be $6 per visitor-use
day in instances in which the Secretary
has not established a predetermined fee
under subclause (I), (II), or (III).
``(C) Calculation of fees for specialized
recreational uses and large-group activities or
events.--The Secretary may, at the discretion of the
Secretary, establish and charge a fee for a special
recreation permit described in clause (i) or (ii) of
section 802(13)(A).
``(D) Calculation of fees for single organized
group recreation activities or events, competitive
events, and certain recurring organized group
recreation activities.--If the Secretary elects to
charge a fee for a special recreation permit described
in section 802(13)(A)(iii), the Secretary shall charge
the recreation service provider, based on the election
of the recreation service provider--
``(i) the applicable predetermined fee
established under subparagraph (B); or
``(ii) an amount equal to a percentage of,
to be determined by the Secretary, but to not
to exceed 5 percent of, adjusted gross receipts
calculated under subparagraph (F).
``(E) Calculation of fees for transitional permits
and long-term permits.--Subject to subparagraph (G), if
the Secretary elects to charge a fee for a special
recreation permit described in section 802(13)(A)(iv),
the Secretary shall charge the recreation service
provider, based on the election of the recreation
service provider--
``(i) the applicable predetermined fee
established under subparagraph (B); or
``(ii) an amount equal to a percentage of,
to be determined by the Secretary, but not to
exceed 3 percent of, adjusted gross receipts
calculated under subparagraph (F).
``(F) Adjusted gross receipts.--For the purposes of
subparagraphs (D)(ii) and (E)(ii), the Secretary shall
calculate the adjusted gross receipts collected for
each trip or event authorized under a special
recreation permit, using either of the following
calculations, based on the election of the recreation
service provider:
``(i) The sum of--
``(I) the product obtained by
multiplying--
``(aa) the general amount
paid by participants of the
trip or event to the recreation
service provider for the
applicable trip or event
(excluding amounts related to
goods, souvenirs, merchandise,
gear, and additional food
provided or sold by the
recreation service provider);
and
``(bb) the quotient
obtained by dividing--
``(AA) the number
of days of the trip or
event that occurred on
Federal recreational
lands and waters
covered by the special
recreation permit,
rounded to the nearest
whole day; by
``(BB) the total
number of days of the
trip or event; and
``(II) the amount of any additional
revenue received by the recreation
service provider for an add-on activity
or an optional excursion that occurred
on the Federal recreational lands and
waters covered by the special
recreation permit.
``(ii) The difference between--
``(I) the total cost paid by the
participants of the trip or event for
the trip or event to the recreation
service provider, including any
additional revenue received by the
recreation service provider for an add-
on activity or an optional excursion
that occurred on the Federal
recreational lands and waters covered
by the special recreation permit; and
``(II) the sum of--
``(aa) the amount of any
revenues from goods, souvenirs,
merchandise, gear, and
additional food provided or
sold by the recreation service
provider to the participants of
the applicable trip or event;
``(bb) the amount of any
costs or revenues from services
and activities provided or sold
by the recreation service
provider to the participants of
the trip or event that occurred
in a location other than the
Federal recreational lands and
waters covered by the special
recreation permit (including
costs for travel and lodging
outside the Federal
recreational lands and waters
covered by the special
recreation permit); and
``(cc) the amount of any
revenues from any service
provided by a recreation
service provider for an
activity on Federal
recreational lands and waters
that is not covered by the
special recreation permit.
``(G) Exception.--Notwithstanding subparagraph (E),
the Secretary may charge a recreation service provider
a minimum annual fee for a special recreation permit
described in section 802(13)(A)(iv).
``(H) Savings clauses.--
``(i) Effect.--Nothing in this paragraph
affects any fee for--
``(I) a concession contract
administered by the National Park
Service for the provision of
accommodations, facilities, or
services; or
``(II) a commercial use
authorization for use of Federal
recreational lands and waters managed
by the National Park Service.
``(ii) Cost recovery.--Nothing in this
paragraph affects the ability of the Secretary
to recover any administrative costs under
section 13 of the Simplifying Outdoor Access
for Recreation Act.
``(iii) Special recreation permit fees and
other recreation fees.--The collection of a
special recreation permit fee under this
paragraph shall not affect the authority of the
Secretary to collect an entrance fee, a
standard amenity recreation fee, or an expanded
amenity recreation fee authorized under
subsections (e), (f), and (g).
``(3) Report and disclosure.--
``(A) Report.--
``(i) In general.--The Secretaries shall
make available to recreation service providers
and the public an annual report describing the
use of fees collected by the Secretaries under
paragraph (2).
``(ii) Requirement.--The report under
clause (i) shall include a description of how
the fees are used by each Federal land
management agency.
``(B) Disclosure.--A recreation service provider
may inform customers of any fee charged by the
Secretary under this section.''.
(d) Use of Special Recreation Permit Fee Revenue.--Section 808 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is
amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (a)(3)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking ``6(a) or a
visitor reservation service.'' and inserting ``806(a)
or a visitor reservation service;''; and
(C) by adding at the end the following:
``(G) the processing of special recreation permit
applications and administration of special recreation
permits; and
``(H) the improvement of the operation of the
special recreation permit program under section
803(h).''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``section 5'' and
inserting ``section 805''; and
(B) in paragraph (2), by striking ``section 5'' and
inserting ``section 805''.
(e) Permanent Authorization.--The Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801 et seq.) is amended--
(1) by striking section 810; and
(2) by redesignating sections 811 through 815 as sections
810 through 814, respectively.
SEC. 4. PERMIT ADMINISTRATION.
(a) Permit Availability.--
(1) Notifications of permit availability.--
(A) In general.--Except as provided in subparagraph
(B), in an area of Federal recreational lands and
waters in which use by recreation service providers is
allocated, if the Secretary concerned has determined
that visitor-use days are available for allocation to
recreation service providers or holders of a commercial
use authorization for outfitting and guiding, the
Secretary concerned shall publish the information on
the website of the agency that administers the
applicable area of Federal recreational lands and
waters.
(B) Effect.--Nothing in this paragraph--
(i) applies to--
(I) the reissuance of an existing
special recreation permit or commercial
use authorization for outfitting and
guiding; or
(II) the issuance of a new special
recreation permit or new commercial use
authorization for outfitting and
guiding issued to the purchaser of--
(aa) a recreation service
provider that is the holder of
an existing special recreation
permit; or
(bb) a holder of an
existing commercial use
authorization for outfitting
and guiding; or
(ii) creates a prerequisite to the issuance
of a special recreation permit or commercial
use authorization for outfitting and guiding or
otherwise limits the authority of the Secretary
concerned--
(I) to issue a new special
recreation permit or new commercial use
authorization for outfitting and
guiding; or
(II) to add a new or additional use
to an existing special recreation
permit or an existing commercial use
authorization for outfitting and
guiding.
(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 notifications.--The Secretary concerned
shall establish a system by which potential applicants for
special recreation permits or commercial use authorizations for
outfitting and guiding may subscribe to receive notification by
electronic mail of the availability of special recreation
permits under subsection (h)(1) of section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended
by section 3(c)(3) or commercial use authorizations for
outfitting and guiding.
(b) Permit Application or Proposal Acknowledgments.--
(1) In general.--Not later than 60 days after the date on
which the Secretary concerned receives a completed application
or a complete proposal for a special recreation permit under
subsection (h)(1) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
section 3(c)(3)), the Secretary concerned shall--
(A) provide to the applicant notice acknowledging
receipt of the application or proposal; and
(B)(i) issue a final decision with respect to the
application or proposal; or
(ii) provide to the applicant notice of a projected
date for a final decision on the application or
proposal.
(2) Effect.--Nothing in this subsection applies to a
concession contract issued by the National Park Service for the
provision of accommodations, facilities, or services.
SEC. 5. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT TRANSITIONAL
SPECIAL RECREATION PERMITS FOR OUTFITTING AND GUIDING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary concerned shall implement a program to
authorize the issuance of transitional special recreation permits for a
new or additional reoccurring outfitting, guiding, or other recreation
service, as determined by the Secretary concerned, on Federal
recreational lands and waters managed by the Chief of the Forest
Service or the Director of the Bureau of Land Management.
(b) Term of Transitional Permits for Outfitting and Guiding.--A
transitional special recreation permit issued under subsection (a)
shall be issued for a term of 2 years.
(c) Issuance of Long-Term Permits for Outfitting and Guiding.--
(1) In general.--On the request of a recreation service
provider that holds a transitional special recreation permit
under the program implemented under subsection (a), the
Secretary concerned shall provide for the issuance of a long-
term special recreation permit for outfitting and guiding to
replace the transitional special recreation permit if the
Secretary concerned determines that the recreation service
provider--
(A) has held not less than 2 transitional special
recreation permits or similar permits issued under--
(i) the program implemented under
subsection (a); or
(ii) any other program to issue similar
special recreation permits in existence before
the date of enactment of this Act;
(B) during the 3-year period preceding the request,
has not been determined to have a performance that is
less than satisfactory, as determined under the
monitoring process described in section 7(a), for any
transitional special recreation permits or similar
special recreation permits issued by the Secretary
concerned, including the transitional special
recreation permit proposed to be replaced, for the
respective unit of Federal recreational lands and
waters; and
(C) notwithstanding section 7(b)(3), has used not
less than 50 percent of the visitor-use days allocated
to the recreation service provider under the
transitional special recreation permit.
(2) Term.--The term of a long-term special recreation
permit under this subsection issued to replace a transitional
special recreation permit under paragraph (1) shall be for a
period of 5 or 10 years, as determined to be appropriate by the
Secretary concerned.
(3) Visitor-use day allocations.--In replacing a
transitional special recreation permit under paragraph (1) with
a long-term special recreation permit for outfitting and
guiding, the Secretary concerned may, at the discretion of the
Secretary concerned, increase the number of visitor-use days
allocated to the recreation service provider under the long-
term special recreation permit for outfitting and guiding.
(d) Effect.--Nothing in this section alters or affects the
authority of the Secretary concerned to issue a special recreation
permit under subsection (h)(1) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by section
3(c)(3)).
SEC. 6. SURRENDER OF UNUSED VISITOR-USE DAYS.
(a) In General.--A recreation service provider holding a special
recreation permit described in paragraph (13)(A)(iv) of section 802 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by section 3(b)(10)) may--
(1) notify the Secretary concerned of an inability to use
visitor-use days annually allocated to the recreation service
provider under the special recreation permit; and
(2) surrender to the Secretary concerned the unused
visitor-use days for the applicable year for temporary
reassignment under section 8(b).
(b) Determination.--To ensure a recreation service provider
described in subsection (a) is able to make an informed decision before
surrendering any unused visitor-use day under subsection (a)(2), the
Secretary concerned shall, on the request of the applicable recreation
service provider, determine and notify the recreation service provider
whether the unused visitor-use day meets the requirement described in
section 7(b)(3)(B) before the recreation service provider surrenders
the unused visitor-use day.
SEC. 7. REVIEWS FOR TRANSITIONAL PERMITS AND LONG-TERM PERMITS.
(a) Monitoring.--The Secretary concerned shall monitor for
compliance a recreation service provider--
(1) annually, in the case of a transitional special
recreation permit for outfitting and guiding issued under
section 5;
(2) once every 2 years, in the case of a special recreation
permit described in paragraph (13)(A)(iv)(I) of section 802 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801)
(as amended by section 3(b)(10)) that is issued for a term of
10 years;
(3) in the case of a special recreation permit replaced
under section 5 with a long-term special recreation permit for
outfitting and guiding with a term of 10 years, during each of
the 4th, 6th, 8th, and 10th years in which the long-term
special recreation permit is in effect; and
(4) in the case of a special recreation permit replaced
under section 5 with a long-term special recreation permit for
outfitting and guiding with a term of 5 years, during each of
the 4th and 5th years in which the special recreation permit is
in effect.
(b) Use-of-Allocation Reviews.--
(1) In general.--If the Secretary of Agriculture, acting
through the Chief of the Forest Service, or the Secretary, as
applicable, allocates visitor-use days among special recreation
permits for outfitting and guiding, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall, and the Secretary may, review the use by the recreation
service provider of the visitor-use days allocated--
(A) under a transitional special recreation permit
issued under section 5, not later than 90 days before
the date on which the transitional special recreation
permit expires; and
(B) under a long-term special recreation permit
described in paragraph (13)(A)(iv)(I) of section 802 of
the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801) (as amended by section 3(b)(10)), once every 5
years.
(2) Requirements of the review.--In conducting a review
under paragraph (1), the Secretary of Agriculture, acting
through the Chief of the Forest Service, or the Secretary, as
applicable, shall determine--
(A) the number of visitor-use days that the
recreation service provider has used each year under
the transitional special recreation permit or the
special recreation permit, in accordance with paragraph
(3); and
(B) of the years identified under subparagraph (A),
the year in which the recreation service provider used
the most visitor-use days.
(3) Consideration of surrendered, unused visitor-use
days.--For the purposes of determining the number of visitor-
use days a recreation service provider has used in a specified
year under paragraph (2)(A), the Secretary of Agriculture,
acting through the Chief of the Forest Service, and the
Secretary, as applicable, shall consider an unused visitor-use
day that has been surrendered under section 6(a)(2) as--
(A) \1/2\ of a visitor-use day used; or
(B) 1 visitor-use day used, if the Secretary of
Agriculture, acting through the Chief of the Forest
Service, or the Secretary, as applicable, determines
the use of the allocated visitor-use day had been or
will be prevented by a circumstance beyond the control
of the recreation service provider.
SEC. 8. ADJUSTMENT OF ALLOCATED VISITOR-USE DAYS.
(a) Adjustments Following Use of Allocation Reviews.--On the
completion of a use-of-allocation review of a special recreation permit
described in paragraph (13)(A)(iv)(I) of section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
section 3(b)(10)) conducted under section 7(b), the Secretary of
Agriculture, acting through the Chief of the Forest Service, or the
Secretary, as applicable, shall adjust the number of visitor-use days
allocated to a recreation service provider under the special recreation
permit as follows:
(1) If the Secretary concerned determines that the
performance of the recreation service provider was satisfactory
during the most recent review conducted under subsection (a) of
section 7, the annual number of visitor-use days allocated for
each remaining year of the permit shall be equal to 125 percent
of the number of visitor-use days used, as determined under
subsection (b)(2)(A) of that section, during the year
identified under subsection (b)(2)(B) of that section, not to
exceed the level allocated to the recreation service provider
on the date on which the special recreation permit was issued.
(2) If the Secretary concerned determines the performance
of the recreation service provider is less than satisfactory
during the most recent performance review conducted under
subsection (a) of section 7, the annual number of visitor-use
days allocated for each remaining year of the special
recreation permit shall be equal to not more than 100 percent
of the number of visitor-use days used, as determined under
subsection (b)(2)(A) of that section during the year identified
under subsection (b)(2)(B) of that section.
(b) Temporary Reassignment of Unused Visitor-use Days.--The
Secretary concerned may temporarily assign unused visitor-use days,
made available under section 6(a)(2) to--
(1) any other existing or potential recreation service
provider, notwithstanding the number of visitor-use days
allocated to the special recreation permit holder under the
special recreation permit held or to be held by the recreation
service provider; or
(2) any existing or potential holder of a special
recreation permit described in clause (i) or (iii) of paragraph
(13)(A) of section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) (as amended by section
3(b)(10)), including the public.
(c) Additional Capacity.--If unallocated visitor-use days are
available, the Secretary concerned may, at any time, amend a special
recreation permit to allocate additional visitor-use days to a
qualified recreation service provider.
SEC. 9. PERMITTING PROCESS IMPROVEMENTS.
(a) In General.--To simplify the process of the issuance and
reissuance of special recreation permits and reduce the cost of
administering special recreation permits under subsection (h) of
section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6802) (as amended by section 3(c)(3)), the Secretaries shall--
(1) during the period beginning on January 1, 2021, and
ending on January 1, 2025--
(A) evaluate the process for issuing special
recreation permits; and
(B) based on the evaluation under subparagraph (A),
identify opportunities--
(i) to eliminate duplicative processes with
respect to issuing special recreation permits;
(ii) to reduce costs for the issuance of
special recreation permits;
(iii) to decrease processing times for
special recreation permits; and
(iv) to issue simplified special recreation
permits, including special recreation permits
for an organized group recreation activity or
event under subsection (e); and
(2) not later than 1 year after the date on which the
Secretaries complete the evaluation and identification
processes under paragraph (1), revise, as necessary, relevant
agency regulations and guidance documents, including
regulations and guidance documents relating to the
environmental review process, for special recreation permits to
implement the improvements identified under paragraph (1)(B).
(b) Environmental Reviews.--
(1) In general.--The Secretary concerned shall, to the
maximum extent practicable, utilize available tools, including
tiering to existing programmatic reviews, as appropriate, to
facilitate an effective and efficient environmental review
process for activities undertaken by the Secretary concerned
relating to the issuance of special recreation permits.
(2) Categorical exclusions.--Not later than 1 year after
the date of enactment of this Act, the Secretary concerned
shall--
(A) evaluate--
(i) whether existing categorical exclusions
available to the Secretary concerned on the
date of enactment of this Act are consistent
with the provisions of this Act; and
(ii) whether a modification of an existing
categorical exclusion or the establishment of 1
or more new categorical exclusions developed in
compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is
necessary to undertake an activity described in
paragraph (1) in a manner consistent with the
authorities and requirements in this Act; and
(B) revise relevant agency regulations and policy
statements, as necessary, to modify existing
categorical exclusions or incorporate new categorical
exclusions based on the evaluation conducted under
subparagraph (A).
(c) Needs Assessments.--Except as required under subsection (c) or
(d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary
concerned shall not conduct a needs assessment as a condition of
issuing a special recreation permit under subsection (h) of section 803
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as
amended by section 3(c)(3)).
(d) Online Applications.--Using funds made available to the
Secretaries, not later than 3 years after the date of enactment of this
Act, the Secretaries shall make the application for a special
recreation permit under subsection (h) of section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
section 3(c)(3)), including a reissuance of a special recreation permit
under that section, available for completion and submission--
(1) online;
(2) by mail or electronic mail; and
(3) in person at the field office for the applicable
Federal recreational lands and waters.
(e) Special Recreation Permits for an Organized Group Recreation
Activity or Event.--
(1) Definitions.--In this subsection:
(A) Special recreation permit for an organized
group recreation activity or event.--The term ``special
recreation permit for an organized group recreation
activity or event'' means a special recreation permit
described in subclause (I) or (III) of paragraph
(13)(A)(iii) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended
by section 3(b)(10)).
(B) Youth group.--The term ``youth group'' means a
recreation service provider that predominantly serves
individuals not older than 25 years of age.
(2) Exemption from certain allocations of use.--If the
Secretary concerned allocates visitor-use days available for an
area or activity on Federal recreational lands and waters among
recreation service providers that hold a permit described in
paragraph (13)(A)(iv) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
section 3(b)(10)), a special recreation permit for an organized
group recreation activity or event shall not be subject to that
allocation of visitor-use days.
(3) Issuance.--In accordance with paragraphs (5) and (6),
if use by the general public is not subject to a limited entry
permit system and if capacity is available for the times or
days in which the proposed activity or event would be
undertaken, on request of a recreation service provider
(including a youth group) to conduct an organized group
recreation activity or event described in subclause (I) or
(III) of paragraph (13)(A)(iii) of section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended
by section 3(b)(10)), the Secretary concerned--
(A) shall make a nominal effects determination to
determine whether the proposed activity or event would
have more than nominal effects on Federal recreational
lands and waters, resources, and programs; and
(B)(i) shall not require a recreation service
provider (including a youth group) to obtain a special
recreation permit for an organized group recreation
activity or event if the Secretary concerned
determines--
(I) the proposed activity or event to be
undertaken would have only nominal effects on
Federal recreational lands and waters,
resources, and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event
is not necessary to protect or avoid conflict
on or with Federal recreational lands and
waters, resources, and programs;
(ii) in the case of an organized group recreation
activity or event described in subclause (I) of that
paragraph, may issue to a recreation service provider
(including a youth group) a special recreation permit
for an organized group recreation activity or event,
subject to any terms and conditions as are determined
to be appropriate by the Secretary concerned, if the
Secretary concerned determines--
(I) the proposed activity or event to be
undertaken would have only nominal effects on
Federal recreational lands and waters,
resources, and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event
is necessary to protect or avoid conflict on or
with Federal recreational lands and waters,
resources, and programs;
(iii) in the case of an organized group recreation
activity or event described in subclause (III) of that
paragraph, shall issue to a recreation service provider
(including a youth group) a special recreation permit
for an organized group recreation activity or event,
subject to such terms and conditions determined to be
appropriate by the Secretary concerned, if the
Secretary concerned determines--
(I) the proposed activity or event to be
undertaken would have only nominal effects on
Federal recreational lands and waters,
resources, and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event
is necessary to protect or avoid conflict on or
with Federal recreational lands and waters,
resources, and programs; and
(iv) may issue to a recreation service provider
(including a youth group) a special recreation permit
for an organized group recreation activity or event,
subject to any terms and conditions determined to be
appropriate by the Secretary concerned, if the
Secretary concerned determines--
(I) the proposed activity or event to be
undertaken may have more than nominal effects
on Federal recreational lands and waters,
resources, and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event
would be necessary to protect or avoid conflict
on or with Federal recreational lands and
waters, resources, and programs.
(4) Fees.--The Secretary concerned may elect not to charge
a fee to a recreation service provider (including a youth
group) for a special recreation permit for an organized group
recreation activity or event.
(5) Savings clause.--Nothing in this subsection prevents
the Secretary concerned from limiting or abating the allowance
of a proposed activity or event under paragraph (3)(B)(i) or
the issuance of a special recreation permit for an organized
group recreation activity or event, based on resource
conditions, administrative burdens, or safety issues.
(6) Qualifications.--A special recreation permit for an
organized group recreation activity or event issued under
paragraph (3) shall be subject to the health and safety
standards required by the Secretary concerned for a permit
issued under paragraph (13)(A)(iv) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by section 3(b)(10)).
SEC. 10. SERVICE FIRST INITIATIVE AND MULTIJURISDICTIONAL TRIPS.
(a) Repeal.--Section 330 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), is
repealed.
(b) Cooperative Action and Sharing of Resources by the Secretaries
of the Interior and Agriculture.--
(1) In general.--For fiscal year 2012 and each fiscal year
thereafter, the Secretaries, subject to annual review of
Congress, may carry out an initiative, to be known as the
``Service First Initiative'', under which the Secretaries and
agencies and bureaus within the Department of the Interior and
the Department of Agriculture--
(A) may establish programs to conduct projects,
planning, permitting, leasing, contracting, and other
activities, either jointly or on behalf of one another;
(B) may co-locate in Federal offices and facilities
leased by an agency of the Department of the Interior
or the Department of Agriculture; and
(C) may issue special rules to test the feasibility
of issuing unified permits, applications, and leases.
(2) Delegations of authority.--The Secretaries may make
reciprocal delegations of the respective authorities, duties,
and responsibilities of the Secretaries in support of the
Service First Initiative agency-wide to promote customer
service and efficiency.
(3) Effect.--Nothing in this section alters, expands, or
limits the applicability of any law (including regulations) to
land administered by the Bureau of Land Management, National
Park Service, United States Fish and Wildlife Service, or the
Forest Service or matters under the jurisdiction of any other
bureaus or offices of the Department of the Interior or the
Department of Agriculture, as applicable.
(4) Transfers of funding.--To facilitate the sharing of
resources under the Service First Initiative, the Secretaries
may make transfers of funds and reimbursements of funds on an
annual basis, including transfers and reimbursements for multi-
year projects, subject to the limitation that this authority
may not be used to circumvent requirements and limitations
imposed on the use of Federal funds.
(c) Pilot Program for Special Recreation Permits for
Multijurisdictional Trips.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall establish a pilot
program to offer to a person seeking an authorization for a
multijurisdictional trip a single joint special recreation
permit or commercial use authorization that authorizes the use
of each unit of Federal recreational lands and waters on which
the multijurisdictional trip occurs, subject to the authorities
that apply to the applicable unit of Federal recreational lands
and waters.
(2) Minimum number of permits.--Not later than 4 years
after the date of enactment of this Act, the Secretaries shall
issue not fewer than 10 single joint special recreation permits
described in paragraph (13)(A)(iv) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by section 3(b)(10)) or commercial use authorizations
under the pilot program established under paragraph (1).
(3) Lead agencies.--In carrying out the pilot program
established under paragraph (1), the Secretaries shall--
(A) designate a lead agency for issuing and
administering a single joint special recreation permit
or commercial use authorization; and
(B) select not fewer than 4 offices at which a
person shall be able to apply for a single joint
special recreation permit or commercial use
authorization, of which--
(i) not fewer than 2 offices are managed by
the Secretary; and
(ii) not fewer than 2 offices are managed
by the Secretary of Agriculture, acting through
the Chief of the Forest Service.
(4) Retention of authority by the applicable secretary.--
Each of the Secretaries shall retain the authority to enforce
the terms, stipulations, conditions, and agreements in a single
joint special recreation permit or commercial use authorization
issued under the pilot program established under paragraph (1)
that apply specifically to the use occurring on the Federal
recreational lands and waters managed by the applicable
Secretary, under the authorities that apply to the applicable
Federal recreational lands and waters.
(5) Option to apply for separate special recreation permits
or commercial use authorizations.--A person seeking an
authorization for a multijurisdictional trip may apply for--
(A) a separate special recreation permit or
commercial use authorization for the use of each unit
of Federal recreational lands and waters on which the
multijurisdictional trip occurs; or
(B) a single joint special recreational permit or
commercial use authorization made available under the
pilot program established under paragraph (1).
(6) Effect.--Nothing in this subsection applies to a
concession contract issued by the National Park Service for the
provision of accommodations, facilities, or services.
SEC. 11. PERMIT FLEXIBILITY.
(a) In General.--The Secretary concerned shall establish guidelines
to allow a holder of a special recreation permit under subsection (h)
of section 803 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6802) (as amended by section 3(c)(3)), on the approval of the
Secretary concerned, to engage in another recreational activity under
the special recreation permit that is substantially similar to the
specific activity authorized under the special recreation permit.
(b) Criteria.--For the purposes of this section, a recreational
activity shall be considered to be a substantially similar recreational
activity if the recreational activity--
(1) is comparable in type, nature, scope, and ecological
setting to the specific activity authorized under the special
recreation permit;
(2) does not result in a greater impact on natural and
cultural resources than the impact of the authorized activity;
(3) does not adversely affect--
(A) any other holder of a special recreation permit
or other permit; or
(B) any other authorized use of the Federal
recreational lands and waters; and
(4) is consistent with--
(A) any applicable laws (including regulations);
and
(B) the land management plan, resource management
plan, or equivalent plan applicable to the Federal
recreational lands and waters.
(c) Effect.--Nothing in this section affects any authority of,
regulation issued by, or decision of the Secretary concerned relating
to the use of electric bicycles on Federal recreational lands and
waters under any other Federal law.
SEC. 12. LIABILITY.
(a) Insurance Requirements.--
(1) In general.--Except as provided in paragraph (2), as a
condition of issuing a special recreation permit under
subsection (h)(1)(B) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
section 3(c)(3)) or a commercial use authorization, the
Secretary concerned may require the holder of the special
recreation permit or commercial use authorization to have a
commercial general liability insurance policy that--
(A) is commensurate with the level of risk of the
activities to be conducted under the special recreation
permit or commercial use authorization; and
(B) includes the United States as an additional
insured in an endorsement to the applicable policy.
(2) Exception.--The Secretary concerned shall not require a
holder of a special recreation permit or commercial use
authorization for low-risk activities, as determined by the
Secretary concerned, including commemorative ceremonies and
participation by the public in a recreation activity or
recreation use of a specific area of Federal recreational lands
and waters in which use by the public is allocated, to comply
with the requirements of paragraph (1).
(b) Indemnification by Governmental Entities.--The Secretary
concerned shall not require a State, State agency, State institution,
or political subdivision of a State to indemnify the United States for
tort liability as a condition for issuing a special recreation permit
or commercial use authorization to the extent the State, State agency,
State institution, or political subdivision of a State is precluded by
State law from providing indemnification to the United States for tort
liability, if the State, State agency, State institution, or political
subdivision of the State maintains the minimum amount of liability
insurance coverage required by the Federal land management agency for
the activities conducted under the special recreation permit or
commercial use authorization in the form of--
(1) a commercial general liability insurance policy, which
includes the United States as an additional insured in an
endorsement to the policy, if the State is authorized to obtain
commercial general liability insurance by State law;
(2) self-insurance, which covers the United States as an
additional insured, if authorized by State law; or
(3) a combination of the coverage described in paragraphs
(1) and (2).
(c) Exculpatory Agreements.--
(1) In general.--Except as provided in paragraph (2), a
Federal land management agency shall not implement, administer,
or enforce any regulation, guidance, or policy prohibiting the
use of an exculpatory agreement between a recreation service
provider or a holder of a commercial use authorization and a
customer relating to services provided under a special
recreation permit or a commercial use authorization.
(2) Requirements.--Any exculpatory agreement used by a
recreation service provider or holder of a commercial use
authorization for an activity authorized under a special
recreation permit or commercial use authorization--
(A) shall shield the United States from any
liability, if otherwise allowable under Federal law;
and
(B) shall not waive any liability of the recreation
service provider or holder of the commercial use
authorization that may not be waived under the laws
(including common law) of the applicable State or for
gross negligence, recklessness, or willful misconduct.
(3) Consistency.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall--
(A) review the policies of the Secretaries
pertaining to the use of exculpatory agreements by
recreation service providers and holders of commercial
use authorizations; and
(B) revise any policy described in subparagraph (A)
as necessary to make the policies of the Secretaries
pertaining to the use of exculpatory agreements by
recreation service providers and holders of commercial
use authorizations consistent with this subsection and
across all Federal recreational lands and waters.
(d) Effect.--Nothing in this section applies to a concession
contract issued by the National Park Service for the provision of
accommodations, facilities, or services.
SEC. 13. COST RECOVERY REFORM.
(a) Cost Recovery for Special Recreation Permits.--In addition to a
fee collected under section 803 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) or any other authorized fee collected
by the Secretary concerned, the Secretary concerned may assess and
collect a reasonable fee from an applicant for, and holder of, a
special recreation permit to recover administrative costs incurred by
the Secretary concerned for--
(1) processing a proposal or application for the special
recreation permit;
(2) issuing the special recreation permit; and
(3) monitoring the special recreation permit to ensure
compliance with the terms and conditions of the special
recreation permit.
(b) De Minimis Exemptions From Cost Recovery.--If the
administrative costs described in subsection (a) are assessed on an
hourly basis, the Secretary concerned shall--
(1) establish an hourly de minimis threshold that exempts a
specified number of hours from the assessment and collection of
administrative costs described in subsection (a); and
(2) charge an applicant only for any hours that exceed the
de minimis threshold.
(c) Multiple Applications.--If the Secretary concerned collectively
processes multiple applications for special recreation permits for the
same or similar services in the same unit of Federal recreational lands
and waters, the Secretary concerned shall, to the extent practicable--
(1) assess from the applicants the fee described in
subsection (a) on a prorated basis; and
(2) apply the requirement described in subsection (b) to
each applicant on an individual basis.
(d) Limitation.--The Secretary concerned shall not assess or
collect administrative costs under this section for a programmatic
environmental review.
SEC. 14. EFFECT.
Except as provided in sections 4(a), 10, and 12, nothing in this
Act (including an amendment made by this Act) affects the authority or
responsibility of the Secretary to award concessions contracts for the
provision of accommodations, facilities, or services, or commercial use
authorizations.
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