Special use permit for installation, operation, maintenance, and removal of covered flagpole at Kyhv Peak Lookout Point

(a)

Definitions

In this section: (1)

Covered flagpole

The term covered flagpole means a flagpole bearing the flag of the United States. (2)

Kyhv peak lookout point

The term Kyhv Peak Lookout Point means the peak within the Uinta National Forest overlooking Utah Valley and located approximately at latitude 40°16′18.14″ N, longitude 111°36′58.57″ W. (3)

Qualified person

The term qualified person means an individual that resides in, or a nonprofit entity or volunteer organization that carries out operations of the entity or organization in, Utah County, Utah, that has— (A)experience placing, maintaining, or otherwise caring for a covered flagpole; and (B)any other experience determined relevant by the Secretary. (4)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b)

Special use permit

Not later than 180 days after the date of enactment of this Act and notwithstanding any other provision of law, the Secretary shall issue a special use permit for a period of 10 years for the installation, operation, maintenance, and removal, if necessary, of a covered flagpole at Kyhv Peak Lookout Point to— (1)an individual who has submitted a special use permit application to display the flag of the United States seasonally on Kyhv Peak prior to March 5, 2026; (2)an individual who has placed or displayed the flag of the United States at Kyhv Peak Lookout Point as part of a longstanding seasonal practice prior to the date of enactment of this Act; or (3)if an individual described in paragraphs (1) and (2) declines such permit, to a qualified person in accordance with this section. (c)

Selection and issuance

(1)

Application

Except as provided in subsection (b), to be eligible to be selected for a special use permit under this section, a qualified person shall submit to the Secretary a proposal and application at such time, in such manner, and containing such information as the Secretary may require. (2)

Terms and conditions

The Secretary may impose such terms and conditions on a holder of a special use permit under this section as the Secretary determines necessary to ensure the proper care and maintenance of a covered flagpole. (3)

Land use fee exemption

The Secretary shall not assess any land use fees with respect to a special use permit issued under this section. (4)

Notice of application

The Secretary shall publish notice of the availability of any special use permit under this section on the website of the Forest Service and in a local Utah County, Utah, newspaper of record. (d)

Subsequent special use permits

(1)

In general

The Secretary shall renew or issue a new 10-year special use permit not later than 180 days after the date that is the earliest of the following: (A)The date that is 10 years after the date on which the Secretary issued the preceding permit. (B)The date on which the holder of the current special use permit requests revocation of such permit. (C)The date on which a special use permit is subject to early termination under paragraph (2). (2)

Revocation

If the Secretary determines that the holder of a special use permit under this section is not in compliance with the terms and conditions relating to such permit under subsection (c)(3), the Secretary may revoke the special use permit. (e)

Exemption from cost recovery fees

A holder of a special use permit under this section shall be exempt from any cost recovery fee under section 251.58 of title 36, Code of Federal Regulations. (f)

Applicability of NEPA

The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the issuance, renewal, or administration of a special use permit under this section, including any activities associated with the placing, maintenance, or removal of a covered flagpole at Kyhv Peak Lookout Point. (g)

Access

The Secretary may authorize reasonable access to Kyhv Peak Lookout Point for the purpose of exercising rights under a special use permit issued under this section, subject to conditions necessary to protect public safety and natural resources. (h)

Limitation

The Secretary shall ensure the activities and access authorized by this section are limited to the smallest practicable area.