118 S1630 IS: Simplifying Outdoor Access for Recreation Act
U.S. Senate
2023-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
1st Session
S. 1630
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.
1.

Short title
This Act may be cited as the “Simplifying Outdoor Access for Recreation Act” or the “SOAR Act”.
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.
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:
“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.
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.
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)).
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.
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.
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.
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)).
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.
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.
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.
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.
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.