[Congressional Record (Bound Edition), Volume 163 (2017), Part 11]
[House]
[Pages 15327-15331]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       GUIDES AND OUTFITTERS ACT

  Mr. LaMALFA. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 289) to authorize the Secretary of the Interior and the 
Secretary of Agriculture to issue permits for recreation services on 
lands managed by Federal agencies, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 289

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.

       (a) Short Title.--This Act may be cited as the ``Guides and 
     Outfitters Act'' or the ``GO Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents; definitions.
Sec. 2. Special recreation permit and fee.
Sec. 3. Permit across multiple jurisdictions.
Sec. 4. Guidelines and permit fee calculation.
Sec. 5. Use of permit fees for permit administration.

[[Page 15328]]

Sec. 6. Adjustment to permit use reviews.
Sec. 7. Authorization of temporary permits for new uses for the Forest 
              Service and BLM.
Sec. 8. Indemnification requirements.
Sec. 9. Streamlining of permitting process.
Sec. 10. Cost recovery reform.
Sec. 11. Extension of Forest Service recreation priority use permits.
       (c) Definitions.--In this Act:
       (1) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of the Interior, with respect to a 
     Federal land management agency (other than the Forest 
     Service); and
       (B) the Secretary of Agriculture, with respect to the 
     Forest Service.
       (2) Secretaries.--The term ``Secretaries'' means the 
     Secretary of the Interior and the Secretary of Agriculture 
     acting jointly.

     SEC. 2. SPECIAL RECREATION PERMIT AND FEE.

       Subsection (h) of section 803 of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6802) is amended to 
     read as follows:
       ``(h) Special Recreation Permit and Fee.--
       ``(1) In general.--The Secretary may--
       ``(A) issue a special recreation permit for Federal 
     recreational lands and waters; and
       ``(B) charge a special recreation permit fee in connection 
     with the issuance of the permit.
       ``(2) Special recreation permits.--The Secretary may issue 
     special recreation permits in the following circumstances:
       ``(A) For specialized individual and group use of Federal 
     facilities and Federal recreational lands and waters, such 
     as, but not limited to, use of special areas or areas where 
     use is allocated, motorized recreational vehicle use, and 
     group activities or events.
       ``(B) To recreation service providers who conduct 
     outfitting, guiding, and other recreation services on Federal 
     recreational lands and waters managed by the Forest Service, 
     Bureau of Land Management, Bureau of Reclamation, or the 
     United States Fish and Wildlife Service.
       ``(C) To recreation service providers who conduct 
     recreation or competitive events, which may involve 
     incidental sales on Federal recreational lands and waters 
     managed by the Forest Service, Bureau of Land Management, 
     Bureau of Reclamation, or the United States Fish and Wildlife 
     Service.
       ``(3) Reduction in federal costs and duplication of 
     analysis.--
       ``(A) In general.--The issuance of a new special recreation 
     permit for activities under paragraph (2) shall be 
     categorically excluded from further analysis and 
     documentation under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.), if the proposed use is the 
     same as or similar to a previously authorized use and the 
     Secretary determines that such issuance does not have 
     significant environmental effects based upon application of 
     the extraordinary circumstances procedures established by the 
     Secretary under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
       ``(B) Definition.--For the purposes of this paragraph, the 
     term `similar' means--
       ``(i) substantially similar in type, nature, and scope; and
       ``(ii) will not result in significant new impacts.
       ``(4) Relation to fees for use of highways or roads.--An 
     entity that pays a special recreation permit fee shall not be 
     subject to a road cost-sharing fee or a fee for the use of 
     highways or roads that are open to private, noncommercial use 
     within the boundaries of any Federal recreational lands or 
     waters, as authorized under section 6 of Public Law 88-657 
     (16 U.S.C. 537).''.

     SEC. 3. PERMIT ACROSS MULTIPLE JURISDICTIONS.

       (a) In General.--In the case of an activity requiring 
     permits pursuant to subsection (h) of section 803 of the 
     Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) for 
     use of lands managed by both the Forest Service and the 
     Bureau of Land Management--
       (1) the Secretaries may issue a joint permit based upon a 
     single application to both agencies when issuance of a joint 
     permit based upon a single application will lower processing 
     and other administration costs for the permittee, provided 
     that the permit applicant shall have the option to apply for 
     separate permits rather than a joint permit; and
       (2) the permit application required under paragraph (1) 
     shall be--
       (A) the application required by the lead agency; and
       (B) submitted to the lead agency.
       (b) Requirements of the Lead Agency.--The lead agency for a 
     permit under subsection (a) shall--
       (1) coordinate with the associated agencies, consistent 
     with the authority of the Secretaries under section 330 of 
     the Department of the Interior and Related Agencies 
     Appropriations Act, 2001 (43 U.S.C. 1703), to develop and 
     issue the single, joint permit that covers the entirety of 
     the trip;
       (2) in processing the joint permit application, incorporate 
     the findings, interests, and needs of the associated 
     agencies, provided that such coordination shall not be 
     subject to cost recovery; and
       (3) complete the permitting process within a reasonable 
     time after receiving the permit application.
       (c) Effect on Regulations.--Nothing in this section shall 
     alter, expand, or limit the applicability of any Federal law 
     (including regulations) to lands administered by the relevant 
     Federal agencies.
       (d) Definitions.--In this section:
       (1) Associated agency.--The term ``associated agency'' 
     means an agency that manages the land on which the trip of 
     the special recreation permit applicant will enter after 
     leaving the land managed by the lead agency.
       (2) Lead agency.--The term ``lead agency'' means the agency 
     that manages the land on which the trip of the special 
     recreation permit applicant will begin.

     SEC. 4. GUIDELINES AND PERMIT FEE CALCULATION.

       (a) Guidelines and Exclusion of Certain Revenues.--The 
     Secretary shall--
       (1) publish guidelines in the Federal Register for 
     establishing recreation permit fees; and
       (2) provide appropriate deductions from gross revenues used 
     as the basis for the fees established under paragraph (1) 
     for--
       (A) revenue from goods, services, and activities provided 
     by a recreation service provider outside Federal recreational 
     lands and waters, such as costs for transportation, lodging, 
     and other services before or after a trip; and
       (B) fees to be paid by permit holder under applicable law 
     to provide services on other Federal lands, if separate 
     permits are issued to that permit holder for a single event 
     or trip.
       (b) Fee Conditions.--The fee charged by the Secretary for a 
     permit issued under section 803(h) of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6802(h)) shall not 
     exceed 3 percent of the recreational service provider's 
     annual gross revenue for activities authorized by the permit 
     on Federal lands, plus applicable revenue additions, minus 
     applicable revenue exclusions or a similar flat per person 
     fee.
       (c) Disclosure of Fees.--A holder of a special recreation 
     permit may inform its customers of the various fees charged 
     by the Secretary under section 803(h) of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6802(h)).

     SEC. 5. USE OF PERMIT FEES FOR PERMIT ADMINISTRATION.

       (a) Deposits.--Subject to subsection (b), revenues from 
     special recreation permits issued to recreation service 
     providers under subparagraphs (B) and (C) of section 
     803(h)(2) of the Federal Lands Recreation Enhancement Act (16 
     U.S.C. 6802(h)(2)) shall be held in special accounts 
     established for each specific unit or area for which such 
     revenues are collected, and shall remain available for 
     expenditure, without further appropriation, until expended.
       (b) Use of Permit Fees.--Revenues from special recreation 
     permits issued to recreation service providers under 
     subparagraphs (B) and (C) of section 803(h)(2) of the Federal 
     Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall 
     be used only--
       (1) to partially offset the Secretary's direct cost of 
     administering the permits;
       (2) to improve and streamline the permitting process; and
       (3) for related recreation infrastructure and other 
     purposes specifically to support recreation activities at the 
     specific site for which use is authorized under the permit, 
     after obtaining input from any related permittees; provided, 
     however, that the Federal Advisory Committee Act (5 U.S.C. 
     App. 1 et seq.) shall not apply to any advisory committee or 
     other group established to carry out this paragraph.
       (c) Limitation on Use of Fees.--The Secretary may not use 
     any permit fees for biological monitoring on Federal 
     recreational lands and waters under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) for listed or candidate 
     species.

     SEC. 6. ADJUSTMENT TO PERMIT USE REVIEWS.

       (a) In General.--To the extent that the Secretary utilizes 
     permit use reviews, in reviewing and adjusting allocations of 
     use for permits for special uses of Federal recreational 
     lands and waters managed by the Forest Service, and in 
     renewing such permits, the Secretary of Agriculture shall 
     allocate to a permit holder a level of use that is no less 
     than the highest amount of actual annual use over the 
     reviewed period plus 25 percent, capped at the amount of use 
     allocated when the permit was issued unless additional 
     capacity is available. The Secretary may assign any use 
     remaining after adjusting allocations on a temporary basis to 
     qualified permit holders.
       (b) Waiver.--Use reviews under subsection (a) may be waived 
     for periods in which circumstances that prevented use of 
     assigned capacity, such as weather, fire, natural disasters, 
     wildlife displacement, business interruptions, insufficient 
     availability of hunting and fishing licenses, or when 
     allocations on permits include significant shoulder seasons. 
     The authorizing office may approve non-use without reducing 
     the number of service days assigned to the permit in such 
     circumstances at the request of the permit holder. Approved 
     non-use may be temporarily assigned to other qualified permit 
     holders when conditions warrant.

[[Page 15329]]



     SEC. 7. AUTHORIZATION OF TEMPORARY PERMITS FOR NEW USES FOR 
                   THE FOREST SERVICE AND BLM.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Agriculture and the Secretary of 
     the Interior shall establish and implement a program to 
     authorize temporary permits for new recreational uses of 
     Federal recreational lands and waters managed by the Forest 
     Service or the Bureau of Land Management, respectively, and 
     to provide for the conversions of such temporary permits to 
     long-term permits after 2 years of satisfactory operation. 
     The issuance and conversion of such permits shall be subject 
     to subsection (h)(3) of section 803 of the Federal Lands 
     Recreation Enhancement Act (16 U.S.C. 6802).

     SEC. 8. INDEMNIFICATION REQUIREMENTS.

       (a) Indemnification.--A permit holder that is prohibited by 
     the State from providing indemnification to the Federal 
     Government shall be considered to be in compliance with 
     indemnification requirements of the Department of the 
     Interior and the Department of Agriculture if the permit 
     holder carries the required minimum amount of liability 
     insurance coverage or is self-insured for the same minimum 
     amount.
       (b) Exculpatory Agreements.--The Secretary shall not 
     implement, administer or enforce any regulation or policy 
     prohibiting the use of exculpatory agreements between 
     recreation service providers and their customers for services 
     provided under a special recreation permit.

     SEC. 9. STREAMLINING OF PERMITTING PROCESS.

       (a) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Agriculture shall 
     revise part 251, subpart B, of title 36 Code of Federal 
     Regulations, and the Secretary of the Interior shall revise 
     subpart 2932, of title 43, Code of Federal Regulations, to 
     streamline the processes for the issuance and renewal of 
     outfitter and guide special use permits. Such amended 
     regulations shall--
       (1) shorten application processing times and minimize 
     application and administration costs; and
       (2) provide for the use of programmatic environmental 
     assessments and categorical exclusions for environmental 
     reviews under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) for the issuance or renewal of 
     outfitter and guide and similar recreation special use 
     permits when the Secretary determines that such compliance is 
     required, to the maximum extent allowable under applicable 
     law, including, but not limited to, use of a categorical 
     exclusion as provided under section 803(h)(3) of the Federal 
     Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(3)).
       (b) Online Applications.--To the maximum extent 
     practicable, where feasible and efficient, the Secretary 
     shall make special recreation permit applications available 
     to be filled out and submitted online.

     SEC. 10. COST RECOVERY REFORM.

       (a) Regulatory Process.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of Agriculture 
     shall revise section 251.58 of title 36, Code of Federal 
     Regulations, and the Secretary of the Interior shall revise 
     section 2932.31(e) and (f) of title 43, Code of Federal 
     Regulations, to reduce costs and minimize the burden of cost 
     recovery on small businesses and adverse impacts of cost 
     recovery on jobs in the outfitting and guiding industry and 
     on rural economies provided, however, that nothing in the 
     revised regulations shall further limit the Secretary's 
     authority to issue or renew recreation special use permits.
       (b) De Minimis Exemption.--
       (1) Cost recovery limitation.--Any regulations issued by 
     the Secretary of the Interior or the Secretary of Agriculture 
     to establish fees to recover processing costs for recreation 
     special use applications and monitoring costs for recreation 
     special use authorizations shall include an exemption 
     providing that at least the first 50 hours of work necessary 
     in any one year to process and/or monitor such an application 
     shall not be subject to cost recovery. The application of a 
     50-hour credit per permit shall also apply to any monitoring 
     fees on a per annum basis during the term of each permit.
       (2) Application of exemption.--An exemption under paragraph 
     (1) shall apply to the processing of each recreation special 
     use permit application and monitoring of each recreation 
     special use authorization for which cost recovery is 
     required, including any application or authorization 
     requiring more than 50 hours (or such other greater number of 
     hours specified for exemption) to process or monitor. In the 
     event that the amount of work required to process such an 
     application or monitor such an authorization exceeds the 
     specified exemption, the amount of work for which cost 
     recovery is required shall be reduced by the amount of the 
     exemption.
       (3) Multiple applications.--In situations involving 
     multiple recreation special use applications for similar 
     services in the same unit or area that require more than 50 
     hours (or such other greater number of hours specified for 
     exemption) in the aggregate to process, the Secretary shall, 
     regardless of whether the applications are solicited or 
     unsolicited and whether there is competitive interest--
       (A) determine the share of the aggregate amount to be 
     allocated to each application, on an equal or prorated basis, 
     as appropriate; and
       (B) for each application, apply a separate exemption of up 
     to 50 hours (or such other greater number of hours specified 
     for exemption) to the share allocated to such application.
       (4) Cost reduction.--The agency processing a recreation 
     special use application shall utilize existing studies and 
     analysis to the greatest extent practicable in order to 
     reduce the amount of work and cost necessary to process the 
     application.
       (5) Limitation.--The Secretary of the Interior and the 
     Secretary of Agriculture may not recover as processing costs 
     for recreation special use applications and monitoring costs 
     for recreation special use authorizations any costs for 
     consultations conducted under section 7 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1536) or for biological 
     monitoring on Federal recreational lands and waters under 
     such Act for listed, proposed, or candidate species.
       (6) Waiver of cost recovery.--The Secretary of the Interior 
     and the Secretary of Agriculture may waive the recovery of 
     costs for processing recreation special use permit 
     applications and renewals, on a categorical or case-by-case 
     basis as appropriate, if the Secretary determines that--
       (A) such costs would impose a significant economic burden 
     on any small business or category of small businesses;
       (B) such cost recovery could threaten the ability of an 
     applicant or permittee to provide, in a particular area, a 
     particular outdoor recreational activity that is consistent 
     with the public interest and with applicable resource 
     management plans; or
       (C) prevailing economic conditions are unfavorable, such as 
     during economic recessions, or when drought, fire, or other 
     natural disasters have depressed economic activity in the 
     area of operation.

     SEC. 11. EXTENSION OF FOREST SERVICE RECREATION PRIORITY USE 
                   PERMITS.

       Where the holder of a special use permit for outfitting and 
     guiding that authorizes priority use has submitted a request 
     for renewal of such permit in accordance with applicable laws 
     and regulations, the Secretary of Agriculture shall have the 
     authority to grant the holder one or more extensions of the 
     existing permit for additional items not to exceed 5 years in 
     the aggregate, as necessary to allow the Secretary to 
     complete the renewal process and to avoid the interruption of 
     services under such permit. Before granting an extension 
     under this section, the Secretary shall take all reasonable 
     and appropriate steps to complete the renewal process before 
     the expiration of the special use permit.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. LaMalfa) and the gentleman from Virginia (Mr. McEachin) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. LaMALFA. 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 the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. LaMALFA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am indeed proud to present my bill today, H.R. 289, 
the Guides and Outfitters Act of 2017, also known as the GO Act. I 
would like to thank the Natural Resources Committee for its 
overwhelming support of this bill, which happened on June 27 of this 
year.
  Mr. Speaker, I expect that nearly every Member of this body has fond 
memories of being on our public lands, whether it be fishing as a kid 
or with your kids, hunting with friends, hiking, on a horse, or camping 
with the family. Outdoor activities generate not just memorable moments 
and a love and respect for the great outdoors but also important, 
considerable economic activity, which is especially important for our 
rural areas of northern California, where my district is, and all 
across our Nation.
  The Outdoor Recreation Association estimates that recreational 
activity in the United States contributes nearly $900 billion to our 
GDP annually, supporting about 7.6 million jobs.
  Unfortunately, public access to public lands is too often hindered by 
costly and complex permit requirements that vary from agency to agency, 
sometimes even crossing from agency to agency what the requirements are 
to seek a permit.

[[Page 15330]]

  The GO Act enhances and protects access to our public lands by 
streamlining Federal agencies' special recreation permit process, 
moving the permit process online, and providing joint permits for 
activities across a combination of National Park Service, Bureau of 
Land Management, and Forest Service land.
  In rural America, where rural economies often depend on annual 
outdoor events--some events, this might be their only event of the 
year, a big part of their local economy. We have that in northern 
California in some areas. The GO Act provides greater assurance that 
such activities on public lands will continue into the future.
  This bill also authorizes agencies to use categorical exclusions to 
grant annual events a streamlined review, ensuring such events don't 
need expensive and duplicative studies year after year. Really, there 
is no need to reinvent the wheel each year for an existing permitted 
activity.
  Getting more American families and groups and clubs outdoors can only 
be accomplished by building a permit process that doesn't deter outdoor 
enthusiasts from enjoying public lands but, indeed, makes them feel 
welcome and encouraged to enjoy these lands that belong to all of us.
  The idea behind this bipartisan bill is simple: getting more 
Americans outside, on their lands, for less cost, less money, less 
headache of permits, less red tape; that is really what this is about. 
There is no need for some of the process that people have to go through 
to get a permit when it is especially an already-known activity with 
very minimal or no impact.

                              {time}  1745

  Mr. Speaker, let's make recreating in our public lands an open and 
simple experience. Once again, I urge swift passage of this bill, H.R. 
289, the Guides and Outfitters Act, and I reserve the balance of my 
time.

                                         House of Representatives,


                               Committee on Natural Resources,

                                    Washington, DC, July 10, 2017.
     Hon. K. Michael Conaway,
     Chairman, Committee on Agriculture,
     Washington, DC.
       Dear Mr. Chairman: On June 27, 2017, the Committee on 
     Natural Resources ordered reported as amended H.R. 289, the 
     Guides and Outfitters Act, by voice vote. The bill was 
     referred primarily to the Committee on Natural Resources, 
     with an additional referral to the Committee on Agriculture.
       I ask that you allow the Committee on Agriculture to be 
     discharged from further consideration of the bill so that it 
     may be scheduled by the Majority Leader. This discharge in no 
     way affects your jurisdiction over the subject matter of the 
     bill, and it will not serve as precedent for future 
     referrals. In addition, should a conference on the bill be 
     necessary, I would support your request to have the Committee 
     on Agriculture represented on the conference committee. 
     Finally, I would be pleased to include this letter and any 
     response in the bill report filed by the Committee on Natural 
     Resources to memorialize our understanding.
       Thank you for your consideration of my request and for the 
     extraordinary cooperation shown by you and your staff over 
     matters of shared jurisdiction. I look forward to further 
     opportunities to work with you this Congress.
           Sincerely,
                                                       Rob Bishop.
     Chairman, Committee on Natural Resources.
                                  ____

                                         House of Representatives,


                                     Committee on Agriculture,

                                    Washington, DC, July 10, 2017.
     Hon. Rob Bishop,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Mr. Chairman:  Thank you for the opportunity to review 
     H.R. 289, the Guides and Outfitters Act. As you are aware, 
     the bill was primarily referred to the Committee on Natural 
     Resources, while the Agriculture Committee received an 
     additional referral.
       I recognize and appreciate your desire to bring this 
     legislation before the House in an expeditious manner and, 
     accordingly, I agree to discharge H.R. 289 from further 
     consideration by the Committee on Agriculture. I do so with 
     the understanding that by discharging the bill, the Committee 
     on Agriculture does not waive any future jurisdictional claim 
     on this or similar matters. Further, the Committee on 
     Agriculture reserves the right to seek the appointment of 
     conferees, if it should become necessary.
       I ask that you insert a copy of our exchange of letters 
     into the Congressional Record during consideration of this 
     measure on the House floor.
       Thank you for your courtesy in this matter and I look 
     forward to continued cooperation between our respective 
     committees.
           Sincerely,
                                               K. Michael Conaway,
                                                         Chairman.

  Mr. McEACHIN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill is an earnest effort to improve the 
availability of recreation permits on Federal lands. Public lands 
support the thriving outdoor recreation economy, and many small 
businesses partner with the Federal Government to provide a range of 
visitor services.
  The stated purpose of the bill is to reduce permitting time and 
administrative hurdles faced by permit applications. We are open to the 
idea of approving the permit process to ensure timely and transparent 
access to public lands for recreation activities and other special 
events. However, we are concerned that some of the methods used by the 
bill could lead to more problems than they solve.
  For example, section 2 creates a categorical exclusion for permits 
related to activities that have been previously considered through the 
National Environmental Policy Act process. Categorical exclusions are 
reserved for types of activities that are determined to have limited 
environmental impacts. They are most commonly developed through a 
rulemaking process which provides for public comment and provides the 
agency with the flexibility to determine when they are appropriate.
  The Forest Service already stresses the use of existing categorical 
exclusions for special recreation permits and does what it can with 
available resources to speed up permit processing times. It is unclear 
why this section is necessary or appropriate.
  If current categorical exclusions are insufficient, Congress should 
encourage a rulemaking process to address the inadequacies. While we 
have some concerns, this bill is a good first step, and we would hope 
our concerns can be addressed in the Senate.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LaMALFA. Mr. Speaker, I appreciate the input from my colleague 
from Virginia, and we certainly want to have this be a process that 
works well. By delineating some of the categorical exclusions, we just 
seek to make it more usable, more user-friendly in that sense. So I 
thank you for the support on that.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from California (Mr. McClintock), my neighbor.
  Mr. McCLINTOCK. Mr. Speaker, I rise today in strong support of H.R. 
289, the Guides and Outfitters--or GO--Act, offered by my Natural 
Resources Committee colleague and my California neighbor, Congressman 
Doug LaMalfa.
  For many years, we have seen increasingly severe restrictions on the 
public's use of the public's land. One of the most galling aspects of 
this exclusionary policy is the use of exorbitant fees to prevent many 
group events and small business services that have often been the 
economic mainstay of small mountain communities like those in my 
district in the Sierra Nevada.
  This abusive practice was made possible by the Federal Lands 
Recreation Enhancement--or FLREA--Act in 2004. It unleashed a flood of 
complex rules, regulations, and court decisions that have gradually 
increased the cost of permit administration for the Forest Service and 
for the Bureau of Land Management, which these agencies, in turn, have 
used as an excuse to raise fees on the public to cost-prohibitive 
levels.
  For example, the California Endurance Riders Association have been 
using the El Dorado National Forest for many years. In 2009, when they 
sought a simple 5-year, 10-event permit to continue doing exactly what 
they had been doing without incident for decades, the Forest Service 
demanded $11,000 in fees.
  Well, they paid those fees. But the El Dorado National Forest 
management, nonetheless, pulled the approved permit and halted the 
process on utterly specious grounds. It then demanded an additional 
$17,000 fee, causing the Endurance Riders Association to cancel

[[Page 15331]]

what had been a long-term civic tradition that had been a boon to the 
local economy.
  In 2010, this outrage was repeated after the group spent $5,800 for 
the Fool's Gold endurance run that had been an ongoing event for more 
than 40 years.
  Hardest hit are guides and outfitters, the folks who make it possible 
for visitors to fully enjoy our national lands. They are the small 
businesses that provide specialized knowledge, skills, and equipment 
that new visitors just don't possess. Both the Forest Service and the 
Bureau of Land Management have used FLREA to require these small 
businesses to pay for permit processing and environmental analyses that 
require more than 50 hours.
  These fees, along with complex planning requirements, have virtually 
shut down so many legitimate and traditional public events and uses. 
Efforts to encourage the agencies to modify and streamline the process 
have failed, even when those efforts were supported by agency policy.
  The GO Act is a long-overdue relief of these practices. It amends 
FLREA to streamline the recreation permitting process and allow for 
increased public access to recreational opportunities on the Federal 
lands. The GO Act was crafted in consultation with a wide variety of 
recreation groups throughout the country, and it aims to reduce the 
cost and complexity of these permits.
  Mr. Speaker, I commend and personally thank Congressman LaMalfa for 
listening to his constituents, the people of the Sierra Nevada, and to 
the thousands of recreation service providers across the country who 
have been begging Congress to make these changes.
  Mr. Speaker, I urge adoption of the measure.
  Mr. McEACHIN. Mr. Speaker, I have no further speakers to speak to 
this issue, so I yield back the balance of my time.
  Mr. LaMALFA. Mr. Speaker, I appreciate the input by my colleague, Mr. 
McClintock, as well, who has lived this in some of those same Sierra 
counties we are talking about, and other areas in the West. So we, 
again, are very encouraged by the bipartisan support, the strong 
support coming out of committee, and that H.R. 289, the Guides and 
Outfitters Act, is something that will open the gateway to more 
enjoyment of our public lands without the constraints, such as 
exorbitant, extraneous fees and permits that really don't yield any 
additional care for the environment or care for the area with people 
that are already good stewards.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. LaMalfa) that the House suspend the 
rules and pass the bill, H.R. 289, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________