[Congressional Record Volume 172, Number 85 (Tuesday, May 19, 2026)]
[House]
[Pages H3570-H3572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1550
STAR-SPANGLED SUMMIT ACT OF 2026
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4684) to direct the Secretary of Agriculture to issue a
special use permit with respect to the maintaining of a flagpole
bearing the flag of the United States at Kyhv Peak Lookout Point, Utah,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4684
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 ``Star-Spangled Summit Act of
2026''.
SEC. 2. 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
4016'18.14" N, longitude 11136'58.57" 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Maryland (Ms.
Elfreth) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 4684, the bill now under
consideration.
[[Page H3571]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
I rise today in support of H.R. 4684, the Star-Spangled Summit Act of
2026, introduced by Representative Kennedy from Utah.
This bill provides a simple, commonsense, and long-overdue fix that
restores a longstanding patriotic tradition in Utah for generations to
come.
For more than two decades, a Scoutmaster named Robert Collins and his
local Boy Scout troop hiked to the summit of Kyhv Peak Lookout Point to
raise the American flag above the city of Provo, Utah.
What began as a simple, patriotic gesture grew into a cherished
community event. The annual raising of the American flag on this
mountaintop has become not only a symbol of local pride for the Provo
area but also a meaningful rite of passage for many young people in the
community.
Unfortunately, that tradition came to an abrupt end in 2022 when the
U.S. Forest Service ordered the flag's prompt removal due to the
absence of a special use permit for the flagpole. Overnight, a
patriotic tradition that had brought a community together for 20 years
was snuffed out by bureaucratic process.
Since then, efforts to restore the tradition through administrative
channels have moved slowly and without resolution.
H.R. 4684 provides a straightforward solution. The bill directs the
Forest Service to issue a 10-year special use permit for the seasonal
placement of the American flag at Kyhv Peak and establishes a clear
framework to allow the tradition to continue in perpetuity.
Importantly, the legislation also waives all fees associated with the
permit because you shouldn't have to pay to be patriotic.
As our Nation celebrates 250 years of American independence, Congress
should be encouraging patriotism and uplifting local traditions that
bring communities together. This thoughtful legislation ensures that
the Federal Government will no longer stand in the way of volunteers
seeking to honor the American flag and show their love of country.
I thank Representative Kennedy for his leadership on this effort and
for his diligent work on the Committee on Natural Resources on behalf
of his constituents.
Mr. Speaker, I urge my colleagues to join me in supporting H.R. 4684,
and I reserve the balance of my time.
Ms. ELFRETH. Mr. Speaker, I yield myself such time as I may consume.
H.R. 4684 would authorize the Forest Service to issue a permit
authorizing the maintenance of a flagpole at Kyhv Peak Lookout Point in
Utah.
This peak is located near Provo, Utah, in the Uinta-Wasatch-Cache
National Forest. It is a popular hiking destination that is used to
feature the prominent flagpole displaying the American flag, which was
first installed in 2000 by a Boy Scout troop.
However, U.S. Forest Service regulations prohibit the construction,
placing, or maintaining of any structure on National Forest System
land. The initial placement of this flagpole did not receive a permit,
and consequently, the agency ordered the removal of the flagpole.
These agency policies are vital for the proper stewardship of our
resources, and the support for this bill should in no way be seen as an
attempt to undermine or weaken that very crucial standard.
We must continue to promote the simple but important principle of
``leave no trace'' to continue to minimize the impact of our visits on
the plants, animals, and ecosystems we all hold dear.
To be clear, the agency should be able to resolve this situation on
their own. The Forest Service has testified before the Committee on
Natural Resources that they are working to issue the necessary permit
without congressional action. However, this patriotic display,
especially in our 250th year, as the chair said, is important to the
local community and visitors alike.
I support the moving of this legislation today to resolve this issue
promptly and return the flag to Kyhv Peak.
Mr. Speaker, I urge support of this bill, and I reserve the balance
of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 4 minutes to the gentleman from
Utah (Mr. Kennedy), the lead sponsor of this bill.
Mr. KENNEDY of Utah. Mr. Speaker, I thank Chair Westerman for the
opportunity to speak on this bill, and I also thank Ranking Member
Huffman and my colleague Congresswoman Elfreth for their willingness to
hear this bill on the House floor today.
Mr. Speaker, it should not take an act of Congress to fly an American
flag on a mountain, but here we are, as we often are, in Congress.
In 2000, a constituent of mine, Scoutmaster Robert Collins, led a
Scout troop on a hike to Kyhv Peak above Utah Valley in Provo to raise
the American flag at its summit. What began as a patriotic gesture by
the Scouts evolved into an annual tradition.
Each year, for over two decades, Robert Collins, joined by relatives,
friends, and community members, hiked to the summit to continue the
tradition.
The flag standing at the peak became a symbol of local pride and a
recognizable landmark in my district.
However, in 2022, the U.S. Forest Service restricted the display. An
act of patriotism, one that asked nothing of the Federal Government and
cost the taxpayer nothing, was shut down by Washington bureaucracy.
For years, my community waited for answers, but the Forest Service
was never able to remediate the situation.
That is why I introduced the Star-Spangled Summit Act. This bill
directs the Forest Service to issue the permit. In short, it is simple.
It does one thing well: lets Mr. Collins carry our flag up that
mountain again.
Mr. Speaker, in the grand scheme of issues this body confronts, this
may seem like a small fix, but I believe this bill represents a larger
challenge. This story reflects the challenge familiar to Utah and to
communities across the West.
In Utah, two-thirds of our land is managed from Washington, and too
often, the decisions made about that land are disconnected from the
people who actually live there. Local traditions get tangled in Federal
processes. Common sense gives way to bureaucracy. Good people doing
good things are left waiting for years.
Utahns know our lands, and we know our communities. It is my belief
that Utahns should not be buried under layers of bureaucracy when
making decisions about the place that they call home.
For 250 years, Americans have raised our flag. We have raised it at
Yorktown and at Gettysburg. We have raised it at Iwo Jima and on the
surface of the Moon. Yes, we even raised it over the mountain peaks of
Provo.
We raise the flag because it stands for something larger than any one
of us: the idea that a free people can govern themselves.
As we mark 250 years of American self-governance, we owe our
communities a government that works with them. The Star-Spangled Summit
Act restores a measure of balance that returns a small piece of
decisionmaking to the community it belongs to, and it ensures the
American flag can continue to wave.
Mr. Speaker, I urge my colleagues to join me in supporting H.R. 4684,
the Star-Spangled Summit Act.
Ms. ELFRETH. Mr. Speaker, I urge my colleagues to support this
legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I once again thank Representative Kennedy
for his leadership on the Star-Spangled Summit Act of 2026. This bill
restores a meaningful community tradition, cuts through unnecessary red
tape, and ensures that the American flag can continue flying over Provo
in a way that respects both patriotism and responsible stewardship of
our public lands.
Mr. Speaker, I urge my colleagues to support H.R. 4684, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 4684, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
[[Page H3572]]
A motion to reconsider was laid on the table.
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