II 

116TH CONGRESS 

1ST SESSION S. 1665 

To modify the procedures for issuing special recreation permits for certain 

public land units, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23 (legislative day, MAY 22), 2019 

Mr. HEINRICH (for himself, Mrs. CAPITO, Mr. KING, Mr. ROUNDS, Mr. BENNET, Mr. GARDNER, Mr. WYDEN, Ms. MCSALLY, Mr. TESTER, Mr. 

RISCH, Ms. SINEMA, and Mr. DAINES) 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Simplifying Outdoor 

5 Access for Recreation Act’’ or the ‘‘SOAR Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ASSOCIATED AGENCY.—The term ‘‘associ9 ated agency’’ means the Federal land management 


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1 agency, other than the lead agency, that manages a 

2 public land unit that is the subject of a single joint 

3 special recreation permit under section 7(a). 

4 (2) FEDERAL LAND MANAGEMENT AGENCY.— 

5 The term ‘‘Federal land management agency’’ has 

6 the meaning given the term in section 802 of the 

7 Federal Lands Recreation Enhancement Act (16 

8 U.S.C. 6801). 

9 (3) LEAD AGENCY.—With respect to a single 

10 joint special recreation permit application submitted 

11 under section 7(a), the term ‘‘lead agency’’ means 

12 the Federal land management agency designated to 

13 administer the single joint special recreation permit 

14 under section 7(a)(2). 

15 (4) LONG-TERM SPECIAL RECREATION PER16 MIT.—The term ‘‘long-term special recreation per17 mit’’ means— 

18 (A) for a public land unit managed by the 

19 Forest Service, a priority use permit; and 

20 (B) for a public land unit managed by the 

21 Bureau of Land Management, a multiyear spe22 cial recreation permit. 

23 (5) MULTIJURISDICTIONAL TRIP.—The term 

24 ‘‘multijurisdictional trip’’ means a trip that— 


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1 (A) uses two or more public land units; 

2 and 

3 (B) is under the jurisdiction of two or 

4 more Federal land management agencies. 

5 (6) PUBLIC LAND UNIT.—The term ‘‘public 

6 land unit’’ means— 

7 (A) a unit of the National Forest System; 

8 (B) a unit of the National Park System; 

9 (C) a unit of the National Wildlife Refuge 

10 System; 

11 (D) a district of the Bureau of Land Man12 agement; and 

13 (E) a project of the Bureau of Reclama14 tion. 

15 (7) SECRETARY CONCERNED.—The term ‘‘Sec16 retary concerned’’ means— 

17 (A) the Secretary of Agriculture, with re18 spect to a public land unit described in para19 graph (6)(A); and 

20 (B) the Secretary of the Interior, with re21 spect to a public land unit described in sub22 paragraph (B), (C), (D), or (E) of paragraph 

23 (6). 

24 (8) SPECIAL RECREATION PERMIT.—The term 

25 ‘‘special recreation permit’’ has the meaning given 


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1 the term in section 802 of the Federal Lands Recre2 ation Enhancement Act (16 U.S.C. 6801). 

3 SEC. 3. SPECIAL RECREATION PERMIT AND FEE. 

4 (a) DEFINITIONS.—Section 802 of the Federal Lands 

5 Recreation Enhancement Act (16 U.S.C. 6801) is amend6 ed— 

7 (1) in paragraph (1), by striking ‘‘section 3(f)’’ 

8 and inserting ‘‘803(f)’’; 

9 (2) in paragraph (2), by striking ‘‘section 3(g)’’ 

10 and inserting ‘‘section 803(g)’’; 

11 (3) in paragraph (6), by striking ‘‘section 5’’ 

12 and inserting ‘‘section 805’’; 

13 (4) in paragraph (9), by striking ‘‘section 5’’ 

14 and inserting ‘‘section 805’’; 

15 (5) in paragraph (12), by striking ‘‘section 7’’ 

16 and inserting ‘‘section 807’’; 

17 (6) in paragraph (13), by striking ‘‘section 

18 3(h)’’ and inserting ‘‘section 803(h)’’; 

19 (7) by redesignating paragraphs (1), (3), (4), 

20 (5), (6), (7), (8), (9), (10), (11), and (13) as para21 graphs (15), (1), (3), (4), (5), (6), (7), (8), (11), 

22 (10), and (14), respectively, and moving the para23 graphs so as to appear in numerical order; 

24 (8) by inserting after paragraph (8) (as so re25 designated) the following: 


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1 ‘‘(9) RECREATION SERVICE PROVIDER.—The 

2 term ‘recreation service provider’ means an indi3 vidual or entity that— 

4 ‘‘(A) provides outfitting, guiding, or other 

5 recreation services; or 

6 ‘‘(B) conducts recreational or competitive 

7 events, including incidental sales.’’; and 

8 (9) by inserting after paragraph (12) the fol9 lowing: 

10 ‘‘(13) SPECIAL RECREATION PERMIT.—The 

11 term ‘special recreation permit’ means— 

12 ‘‘(A) with respect to the Forest Service, an 

13 outfitting and guiding special use permit; 

14 ‘‘(B) with respect to the National Park 

15 Service, a commercial use authorization for out16 fitting and guiding issued under— 

17 ‘‘(i) this Act; or 

18 ‘‘(ii) section 101925 of title 54, 

19 United States Code; 

20 ‘‘(C) with respect to the United States 

21 Fish and Wildlife Service, a special use permit 

22 for recreational, sport fishing, or hunting outfit23 ting and guiding; 


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1 ‘‘(D) with respect to the Bureau of Land 

2 Management, a special recreation permit for 

3 commercial outfitting and guiding; and 

4 ‘‘(E) with respect to the Bureau of Rec5 lamation, a use authorization for guiding, out6 fitting, or other recreational services.’’. 

7 (b) SPECIAL RECREATION PERMIT AND FEE.—Sec8 tion 803 of the Federal Lands Recreation Enhancement 

9 Act (16 U.S.C. 6802) is amended— 

10 (1) in subsection (b)(5), by striking ‘‘section 

11 4(d)’’ and inserting ‘‘section 804(d)’’; and 

12 (2) by striking subsection (h) and inserting the 

13 following: 

14 ‘‘(h) SPECIAL RECREATION PERMIT AND FEE.— 

15 ‘‘(1) SPECIAL RECREATION PERMIT.—The Sec16 retary may issue a special recreation permit for spe17 cialized individual or group uses of Federal rec18 reational lands and waters, including— 

19 ‘‘(A) for outfitting, guiding, or other recre20 ation services; 

21 ‘‘(B) for recreation or competitive events, 

22 which may include incidental sales; 

23 ‘‘(C) for the use of— 

24 ‘‘(i) a special area; or 

25 ‘‘(ii) an area in which use is allocated; 


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1 ‘‘(D) for motorized recreational vehicle use; 

2 and 

3 ‘‘(E) for a group activity or event. 

4 ‘‘(2) SPECIAL RECREATION PERMIT FEE.— 

5 ‘‘(A) IN GENERAL.—The Secretary may 

6 charge a special recreation permit fee in con7 nection with the issuance of a special recreation 

8 permit under paragraph (1). 

9 ‘‘(B) FEES FOR CERTAIN LANDS.— 

10 ‘‘(i) IN GENERAL.—Subject to clauses 

11 (ii) and (iii), a special recreation permit fee 

12 under subparagraph (A) for use of Federal 

13 recreational lands and waters managed by 

14 the Forest Service, the Bureau of Land 

15 Management, the Bureau of Reclamation, 

16 or the United States Fish and Wildlife 

17 Service shall not exceed the difference be18 tween— 

19 ‘‘(I) the sum of— 

20 ‘‘(aa) 3 percent of the an21 nual gross revenue of the recre22 ation service provider for all ac23 tivities authorized by the special 

24 recreation permit; and 


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1 ‘‘(bb) any applicable revenue 

2 addition; and 

3 ‘‘(II) any applicable revenue ex4 clusion. 

5 ‘‘(ii) EXCLUSION OF CERTAIN REVE6 NUES AND PAYMENTS.—In calculating the 

7 amount of a fee for a special recreation 

8 permit under clause (i), the Secretary con9 cerned shall exclude— 

10 ‘‘(I) revenue from goods, services, 

11 souvenirs, merchandise, gear, food, 

12 and activities provided or sold by a 

13 special recreation permit holder in a 

14 location other than the Federal rec15 reational lands and waters covered by 

16 the permit, including transportation 

17 costs, lodging, and any other service 

18 before or after a trip; and 

19 ‘‘(II) revenue from any rec20 reational services provided by a spe21 cial recreation permit holder for ac22 tivities on Federal recreational lands 

23 and waters for which a separate per24 mit is issued. 


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1 ‘‘(iii) ALTERNATIVE PER-PERSON

2 FEE.— 

3 ‘‘(I) IN GENERAL.—For Federal 

4 recreational lands and waters man5 aged by the Forest Service, the Bu6 reau of Land Management, the Bu7 reau of Reclamation, or the United 

8 States Fish and Wildlife Service, the 

9 Secretary may charge a per-person fee 

10 in connection with the issuance of a 

11 special recreation permit under para12 graph (1). 

13 ‘‘(II) AMOUNT OF FEE.—The 

14 total amount charged by the Secretary 

15 in connection with the issuance of a 

16 special recreation permit under para17 graph (1) using a per-person fee 

18 under subclause (I) shall be com19 parable to the amount the Secretary 

20 may charge for a special recreation 

21 permit fee under subparagraph (A) 

22 and clauses (i) and (ii). 

23 ‘‘(iv) EFFECT.—Nothing in this sub24 paragraph affects any fee for a commercial 

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1 reational lands and waters managed by the 

2 National Park Service. 

3 ‘‘(C) DISCLOSURE OF FEES.—A special 

4 recreation permit holder may inform customers 

5 of any fee charged by the Secretary under this 

6 section. 

7 ‘‘(3) REPORTS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 make available to holders of special recreation 

10 permits under paragraph (1) and the public an 

11 annual report describing the use of fees col12 lected by the Secretary under paragraph (2). 

13 ‘‘(B) REQUIREMENTS.—The report under 

14 subparagraph (A) shall include a description of 

15 how the fees are used in each public land unit 

16 (as defined in section 2 of the SOAR Act) ad17 ministered by the Secretary, including an iden18 tification of the amounts used for specific ac19 tivities within the public land unit.’’. 

20 (c) USE OF SPECIAL RECREATION PERMIT REV21 ENUE.—Section 808 of the Federal Lands Recreation En22 hancement Act (16 U.S.C. 6807) is amended— 

23 (1) in subsection (a)(3)(F), by striking ‘‘section 

24 6(a)’’ and inserting ‘‘section 806(a)’’; 


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1 (2) in subsection (d), by striking ‘‘section 5’’ 

2 each place it appears and inserting ‘‘section 805’’; 

3 (3) by redesignating subsections (b) through (d) 

4 as subsections (c) through (e), respectively; and 

5 (4) by inserting after subsection (a) the fol6 lowing: 

7 ‘‘(b) USE OF SPECIAL RECREATION PERMIT FEE

8 REVENUE.—Revenue from a special recreation permit fee 

9 may be used for— 

10 ‘‘(1) the purposes described in subsection (a); 

11 and 

12 ‘‘(2) expenses— 

13 ‘‘(A) associated with processing applica14 tions for special recreation permits; and 

15 ‘‘(B) incurred in the improvement of the 

16 operation of the special recreation permit sys17 tem.’’. 

18 (d) PERMANENT AUTHORIZATION.—Section 810 of 

19 the Federal Lands Recreation Enhancement Act (16 

20 U.S.C. 6809) is amended— 

21 (1) by striking ‘‘The authority’’ and inserting 

22 the following: 

23 ‘‘(a) IN GENERAL.—Except as provided in subsection 

24 (b), the authority’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(b) APPLICABILITY.—Subsection (a) shall not apply 

2 to— 

3 ‘‘(1) section 802; 

4 ‘‘(2) subsection (d)(2) or (h) of section 803; or 

5 ‘‘(3) subsection (a) or (b) of section 808.’’. 

6 SEC. 4. PERMITTING PROCESS IMPROVEMENTS. 

7 (a) IN GENERAL.—To simplify the process of the 

8 issuance and renewal of special recreation permits and re9 duce the cost of administering special recreation permits, 

10 the Secretary concerned shall— 

11 (1) not later than 180 days after the date of 

12 enactment of this Act— 

13 (A) evaluate the special recreation permit14 ting process; and 

15 (B) identify opportunities— 

16 (i) to eliminate duplicative processes; 

17 (ii) to reduce costs; and 

18 (iii) to decrease processing times; and 

19 (2) not later than 180 days after the date on 

20 which the Secretary concerned completes the evalua21 tion and identification processes under paragraph 

22 (1), revise, as necessary, relevant agency regulations 

23 and policy statements to implement the improve24 ments identified under paragraph (1)(B). 

25 (b) ENVIRONMENTAL REVIEWS.— 


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1 (1) IN GENERAL.—In issuing or renewing a 

2 special recreation permit, the Secretary concerned 

3 may, in compliance with the National Environmental 

4 Policy Act of 1969 (42 U.S.C. 4321 et seq.)— 

5 (A) use a programmatic environmental re6 view; and 

7 (B) adopt or incorporate material from a 

8 previous environmental impact statement or en9 vironmental assessment. 

10 (2) RULEMAKING.—Not later than 1 year after 

11 the date of enactment of this Act, the Secretary con12 cerned shall promulgate such regulations as are nec13 essary to carry out this subsection. 

14 (c) CATEGORICAL EXCLUSIONS.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date of enactment of this Act, the Secretary con17 cerned shall— 

18 (A) evaluate whether one or more addi19 tional categorical exclusions developed in com20 pliance with the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4321 et seq.) would re22 duce processing times or costs for the issuance 

23 or renewal of special recreation permits without 

24 significantly affecting the human environment; 

25 and 


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1 (B) if the Secretary concerned determines 

2 under subparagraph (A) that one or more addi3 tional categorical exclusions would reduce proc4 essing times or costs for the issuance or re5 newal of special recreation permits without sig6 nificantly affecting the human environment— 

7 (i) establish those categorical exclu8 sions in compliance with the National En9 vironmental Policy Act of 1969 (42 U.S.C. 

10 4321 et seq.); and 

11 (ii) revise relevant agency regulations 

12 and policy statements to implement those 

13 categorical exclusions. 

14 (2) ADMINISTRATION.— 

15 (A) IN GENERAL.—In administering a cat16 egorical exclusion established under paragraph 

17 (1)(B), the Secretary concerned shall comply 

18 with the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.) (including regu20 lations promulgated pursuant to that Act). 

21 (B) EXTRAORDINARY CIRCUMSTANCES.— 

22 In determining whether to use a categorical ex23 clusion established under paragraph (1)(B), the 

24 Secretary concerned shall apply the extraor25 dinary circumstances procedures described in— 


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1 (i) section 1508.4 of title 40, Code of 

2 Federal Regulations (or a successor regula3 tion); and 

4 (ii) as applicable— 

5 (I) section 220.6 of title 36, Code 

6 of Federal Regulations (or a successor 

7 regulation); and 

8 (II) section 46.215 of title 43, 

9 Code of Federal Regulations (or a 

10 successor regulation); 

11 (d) NEEDS ASSESSMENTS.—Except as required 

12 under subsection (c) or (d) of section 4 of the Wilderness 

13 Act (16 U.S.C. 1133), the Secretary concerned shall not 

14 conduct a needs assessment as a condition of issuing a 

15 special recreation permit for a public land unit under this 

16 Act. 

17 (e) ONLINE APPLICATIONS.—The Secretary con18 cerned shall make applications for special recreation per19 mits available to be completed and submitted online unless 

20 the Secretary concerned determines that making applica21 tions for special recreation permits available to be com22 pleted and submitted online would not improve the effi23 ciency or accessibility of the permitting process. 


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1 SEC. 5. PERMIT FLEXIBILITY. 

2 (a) SIMILAR ACTIVITIES.—The Secretary concerned 

3 shall establish a permit administration protocol that au4 thorizes, to the maximum extent practicable, a permittee 

5 issued a special recreation permit for a public land unit 

6 under section 803(h) of the Federal Lands Recreation En7 hancement Act (16 U.S.C. 6802(h)) to engage in a rec8 reational activity that is substantially similar to the spe9 cific activity authorized under the special recreation per10 mit, if the substantially similar recreational activity— 

11 (1) is comparable in type, nature, scope, and 

12 ecological setting to the specific activity authorized 

13 under the special recreation permit; 

14 (2) does not result in a greater impact on nat15 ural and cultural resources than the authorized ac16 tivity; and 

17 (3) does not adversely affect any other per18 mittee issued a special recreation permit for a public 

19 land unit under that subsection. 

20 (b) VOLUNTARY RETURN OF SURPLUS SERVICE

21 DAYS.—The Secretary concerned shall establish a pro22 gram to allow a permittee issued a special recreation per23 mit for a public land unit to voluntarily and temporarily 

24 return to the Secretary concerned one or more surplus 

25 service days, to be made available to any other existing 

26 or potential permittee. 


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1 (c) FOREST SERVICE AND BUREAU OF LAND MAN2 AGEMENT TEMPORARY SPECIAL RECREATION PER3 MITS.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of this Act, the Sec6 retary concerned shall establish and implement a 

7 program to authorize the issuance of temporary spe8 cial recreation permits for new or additional rec9 reational uses of Federal recreational land and water 

10 managed by the Forest Service and the Bureau of 

11 Land Management. 

12 (2) TERM OF TEMPORARY PERMITS.—A tem13 porary special recreation permit issued under para14 graph (1) shall be issued for a period of not more 

15 than 2 years. 

16 (3) CONVERSION TO LONG-TERM PERMIT.—If 

17 the Secretary concerned determines that a permittee 

18 under paragraph (1) has completed 2 years of satis19 factory operation under the permit proposed to be 

20 converted, the Secretary may provide for the conver21 sion of a temporary special recreation permit issued 

22 under paragraph (1) to a long-term special recre23 ation permit. 

24 (4) EFFECT.—Nothing in this subsection alters 

25 or affects the authority of the Secretary to issue a 


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1 special recreation permit under subsection (h)(1) of 

2 section 803 of the Federal Lands Recreation En3 hancement Act (16 U.S.C. 6802). 

4 SEC. 6. PERMIT ADMINISTRATION. 

5 (a) PERMIT AVAILABILITY.— 

6 (1) NOTIFICATION OF PERMIT AVAILABILITY.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraphs (B) and (C), if the Secretary 

9 concerned has determined that the Department 

10 of Agriculture or the Department of the Inte11 rior, as applicable, is able to issue new special 

12 recreation permits to recreation service pro13 viders seeking to use a public land unit, the 

14 Secretary concerned shall publish that informa15 tion on the website of the agency that admin16 isters the relevant public land unit. 

17 (B) EXCEPTION FOR CERTAIN PERMITS.— 

18 With respect to a public land unit managed by 

19 the Forest Service or the Bureau of Land Man20 agement, subparagraph (A) shall apply only to 

21 a long-term special recreation permit for the 

22 public land unit. 

23 (C) EXCEPTION FOR RENEWALS AND

24 REISSUANCES.—Subparagraph (A) shall not 

25 apply to— 


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1 (i) a renewal or reissuance of an exist2 ing special recreation permit; or 

3 (ii) a new special recreation permit 

4 issued to the purchaser of a recreation 

5 service provider that is the holder of an ex6 isting special recreation permit. 

7 (D) EFFECT.—Nothing in this paragraph 

8 creates a prerequisite to the issuance of a spe9 cial recreation permit or otherwise limits the 

10 authority of the Secretary concerned— 

11 (i) to issue a new special recreation 

12 permit; or 

13 (ii) to add a new or additional use to 

14 an existing special recreation permit. 

15 (2) UPDATES.—The Secretary concerned shall 

16 ensure that information published on the website 

17 under this subsection is consistently updated to pro18 vide current and correct information to the public. 

19 (3) ELECTRONIC MAIL NOTIFICATION.—The 

20 Secretary concerned shall— 

21 (A) establish a system by which potential 

22 special recreation permit applicants may sub23 scribe to receive notification of the availability 

24 of special recreation permits by electronic mail; 

25 and 


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1 (B) direct employees of the Department of 

2 Agriculture or the Department of the Interior, 

3 as applicable, to use that system to notify the 

4 public of the availability of special recreation 

5 permits. 

6 (b) PERMIT APPLICATION ACKNOWLEDGMENT.—Not 

7 later than 60 days after the date on which the Secretary 

8 concerned receives an application for a special recreation 

9 permit for a public land unit, the Secretary concerned 

10 shall— 

11 (1) provide to the applicant notice acknowl12 edging receipt of the application; and 

13 (2)(A) issue a final decision with respect to the 

14 application; or 

15 (B) provide to the applicant notice of a pro16 jected date for a final decision on the application. 

17 SEC. 7. PERMITS FOR MULTIJURISDICTIONAL TRIPS. 

18 (a) SINGLE JOINT SPECIAL RECREATION PER19 MITS.— 

20 (1) IN GENERAL.—In the case of a multijuris21 dictional trip, the Federal land management agen22 cies with jurisdiction over the multijurisdictional trip 

23 may offer to the applicant a single joint special 

24 recreation permit that authorizes the use of each 


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1 public land unit under the jurisdiction of those Fed2 eral land management agencies. 

3 (2) LEAD AGENCY.—In offering a single joint 

4 special recreation permit under paragraph (1), the 

5 applicable Federal land management agencies shall 

6 designate a lead agency for administering the single 

7 joint special recreation permit based on the following 

8 considerations: 

9 (A) The length of the multijurisdictional 

10 trip and the relative portions of the multijuris11 dictional trip on each public land unit. 

12 (B) The congressional or administrative 

13 designations that apply to the areas to be used 

14 during the multijurisdictional trip and the de15 gree to which those designations impose limita16 tions on recreational use. 

17 (C) The relative ability of the Federal land 

18 management agencies with jurisdiction over the 

19 multijurisdictional trip to respond to the single 

20 joint special recreation permit application in a 

21 timely manner. 

22 (D) Other relevant administrative consider23 ations. 

24 (3) APPLICATION.—An applicant desiring to be 

25 offered a single joint special recreation permit under 


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1 paragraph (1) shall submit to the lead agency an ap2 plication, as required by the lead agency. 

3 (4) OPTION TO APPLY FOR SEPARATE PER4 MITS.—An applicant for a special recreation permit 

5 for a multijurisdictional trip may apply to each ap6 plicable Federal land management agency for a sep7 arate permit for the portion of the multijuris8 dictional trip on the public land unit managed by 

9 each applicable Federal land management agency. 

10 (b) REQUIREMENTS.—In issuing a single joint special 

11 recreation permit under subsection (a), the lead agency 

12 shall— 

13 (1) coordinate with each associated agency, con14 sistent with the authority of the Secretary concerned 

15 under section 330 of the Department of the Interior 

16 and Related Agencies Appropriations Act, 2001 (43 

17 U.S.C. 1703), to develop and issue 1 joint permit 

18 that covers the entirety of the multijurisdictional 

19 trip; 

20 (2) in processing the joint special recreation 

21 permit application, incorporate the findings, inter22 ests, and needs of the associated agency; 

23 (3) in issuing the joint special recreation per24 mit, clearly identify the agencies that have the au25 thority to enforce the terms, stipulations, conditions 


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1 and agreements of the joint special recreation per2 mit, as determined under subsection (d); and 

3 (4) complete the permitting process within a 

4 reasonable timeframe. 

5 (c) COST RECOVERY.—The coordination with the as6 sociated agency under subsection (b) shall not be subject 

7 to cost recovery. 

8 (d) ENFORCEMENT AUTHORITY.— 

9 (1) DELEGATION OF AUTHORITY TO LEAD

10 AGENCY.—In administering a single joint special 

11 recreation permit under subsection (a), the associ12 ated agency shall delegate to the lead agency the au13 thority— 

14 (A) to enforce the terms, stipulations, con15 ditions, and agreements of the joint special 

16 recreation permit, as may be required by the 

17 regulations of the Secretary of the associated 

18 agency; and 

19 (B) to suspend, terminate, or revoke the 

20 joint special recreation permit for— 

21 (i) noncompliance with Federal, State, 

22 or local laws and regulations; 

23 (ii) noncompliance with the terms of 

24 the joint special recreation permit; or 


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1 (iii) failure of the holder of the joint 

2 special recreation permit to exercise the 

3 privileges granted by the joint special 

4 recreation permit. 

5 (2) RETENTION OF AUTHORITY BY THE ASSOCI6 ATED AGENCY.—The associated agency shall retain 

7 the authority to enforce the terms, stipulations, con8 ditions, and agreements in the joint special recre9 ation permit that apply specifically to the use occur10 ring on the public land unit managed by the associ11 ated agency. 

12 (e) WITHDRAWAL.— 

13 (1) IN GENERAL.—The lead agency or an asso14 ciated agency may withdraw from a joint special 

15 recreation permit at any time. 

16 (2) ISSUANCE OF SEPARATE PERMITS.— 

17 (A) IN GENERAL.—In the case of a with18 drawal by one or more agencies under para19 graph (1), if the holder of the joint special 

20 recreation permit is in compliance with the re21 quirements of the joint special recreation per22 mit, the lead agency and each associated agency 

23 shall issue to the holder of the joint special 

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1 ation permit for any use occurring on the public 

2 land unit managed by the agency. 

3 (B) REQUIREMENTS.—A special recreation 

4 permit issued under subparagraph (A) shall 

5 contain the same or substantially similar terms, 

6 conditions, and operating stipulations as the 

7 joint special recreation permit from which an 

8 agency has withdrawn under paragraph (1). 

9 (C) NO NEW APPLICATION.—The holder of 

10 a joint special recreation permit from which an 

11 agency has withdrawn under paragraph (1) 

12 shall not be required to submit a new applica13 tion for a separate special recreation permit 

14 under subparagraph (A). 

15 SEC. 8. FOREST SERVICE PERMIT USE REVIEWS. 

16 (a) IN GENERAL.—If the Secretary of Agriculture 

17 (referred to in this section as the ‘‘Secretary’’) conducts 

18 a special recreation permit use review in renewing a spe19 cial recreation permit or adjusting allocations of use in 

20 a special recreation permit, the Secretary shall— 

21 (1) take into consideration the performance of 

22 the special recreation permit holder during the re23 viewed period; and 

24 (2) if the special recreation permit holder re25 ceives a satisfactory performance review, allocate to 


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1 the special recreation permit holder the highest level 

2 of actual annual use during the period under review 

3 plus 25 percent of that use, not to exceed the level 

4 allocated to the special recreation permit holder on 

5 the date on which the special recreation permit was 

6 issued. 

7 (b) ADDITIONAL CAPACITY.— 

8 (1) IN GENERAL.—If additional use capacity is 

9 available, the Secretary may, at any time, assign the 

10 remaining use to one or more qualified recreation 

11 service providers. 

12 (2) ASSIGNMENT NOT SUBJECT TO CAP ON

13 USE.—Notwithstanding subsection (a), in assigning 

14 additional use capacity under paragraph (1), the 

15 Secretary may assign additional use capacity to an 

16 existing special recreation permit holder even if that 

17 assignment would exceed the amount of use allo18 cated to the special recreation permit holder on the 

19 date on which the special recreation permit was 

20 issued. 

21 (c) WAIVER.—The Secretary may waive a special 

22 recreation permit use review for any period during which 

23 use of the assigned capacity has been prevented by a cir24 cumstance beyond the control of the special recreation per25 mit holder, such as— 


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1 (1) unfavorable weather; 

2 (2) fire; 

3 (3) natural disaster; 

4 (4) wildlife displacement; 

5 (5) business interruption; 

6 (6) insufficient availability of hunting and fish7 ing licenses; or 

8 (7) significant seasonal variability or off-peak 

9 periods within the allocated period of use. 

10 (d) APPROVAL OF NON-USE.— 

11 (1) IN GENERAL.—In any circumstance for 

12 which the holder of a special recreation permit would 

13 qualify for a waiver under subsection (c), on request 

14 of the holder of the special recreation permit, the 

15 Secretary may approve non-use by the holder of the 

16 special recreation permit without reducing the num17 ber of service days assigned to the special recreation 

18 permit. 

19 (2) REALLOCATION OF USE.—The Secretary 

20 may assign any period of non-use approved under 

21 paragraph (1) to another qualified recreation service 

22 provider. 

23 SEC. 9. LIABILITY. 

24 (a) IN GENERAL.—To the extent authorized by appli25 cable State law, the Secretary concerned shall authorize 


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1 a permittee issued a special recreation permit for a public 

2 land unit under section 803(h) of the Federal Lands 

3 Recreation Enhancement Act (16 U.S.C. 6802(h)) to re4 quire a client of the permittee to sign a form that— 

5 (1) releases the permittee and any agents, em6 ployees, and other persons affiliated with the per7 mittee from liability for ordinary negligence that 

8 arises out of or in connection with the authorized ac9 tivities of the permittee; 

10 (2) requires the client to indemnify and hold 

11 harmless the permittee and any agents, employees, 

12 and other persons affiliated with the permittee for 

13 any injury or damages the permittee may sustain as 

14 a result of any claim other than gross negligence 

15 that is caused by or arises out of or in connection 

16 with the involvement of the client in the authorized 

17 activities of the permittee; 

18 (3) releases the United States and any agents, 

19 employees, and contractors of the United States 

20 from liability for ordinary negligence that arises out 

21 of or in connection with the authorized activities of 

22 the permittee; and 

23 (4) requires the client to indemnify and hold 

24 harmless the United States and any agents, employ25 ees, and contractors of the United States for any inVerDate Sep 11 2014 05:27 Jun 04, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665

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1 jury or damages the United States or any agents, 

2 employees, and contractors of the United States may 

3 sustain as a result of any claim other than gross 

4 negligence that is caused by or arises out of or in 

5 connection with the involvement of the client in the 

6 authorized activities of the permittee. 

7 (b) REQUIREMENTS.—A form under subsection (a)— 

8 (1) shall not preclude claims of gross negligence 

9 against the permittee; 

10 (2) shall not eliminate the obligation of the per11 mittee to indemnify the United States unless the 

12 permittee is a recreation service provider that meets 

13 the requirements of paragraphs (1) and (2) of sub14 section (c); 

15 (3) shall not affect the ability of the United 

16 States to recover as an additional insured under any 

17 insurance policy obtained by the permittee in con18 nection with the authorized activities of the per19 mittee; 

20 (4) shall identify the State under the laws of 

21 which— 

22 (A) the form, including any waiver or re23 lease, shall be enforced; and 


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1 (B) any claim or cause of action, whether 

2 in tort or in contract, relating to or arising out 

3 of the form shall be governed; and 

4 (5) may be subject to review and approval by 

5 the Secretary concerned to ensure that the require6 ments of this subsection and subsection (a) are met. 

7 (c) INDEMNIFICATION BY GOVERNMENT ENTITIES.— 

8 The Secretary concerned may not require a recreation 

9 service provider to indemnify the United States as a condi10 tion for issuing a special recreation permit for a public 

11 land unit under this Act if— 

12 (1) the recreation service provider is prohibited 

13 by State or local law from providing indemnification 

14 to the United States; and 

15 (2) the recreation service provider— 

16 (A) carries the minimum amount of liabil17 ity insurance coverage required by the issuing 

18 agency for the activities conducted under the 

19 special recreation permit; or 

20 (B) is self-insured for the same amount. 

21 SEC. 10. COST RECOVERY REFORM. 

22 (a) REVISION OF REGULATIONS.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date of enactment of this Act, the Secretary of 

25 Agriculture shall revise section 251.58 of title 36, 


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1 Code of Federal Regulations, and the Secretary of 

2 the Interior shall revise subsections (e) and (f) of 

3 section 2932.31 of title 43, Code of Federal Regula4 tions, to be consistent with this section. 

5 (2) LIMITATION.—In carrying out paragraph 

6 (1), the Secretary of Agriculture and the Secretary 

7 of the Interior shall not include anything in the re8 vised regulations that would limit the authority of 

9 the Secretary concerned to issue or renew special 

10 recreation permits. 

11 (b) DE MINIMIS EXEMPTION FROM COST RECOV12 ERY.— 

13 (1) IN GENERAL.—Any regulation promulgated 

14 by the Secretary of the Interior or the Secretary of 

15 Agriculture to establish fees to recover the costs of 

16 processing an application for a special recreation 

17 permit or monitoring an authorization under a spe18 cial recreation permit shall include an exemption 

19 providing that fees may not be recovered for not less 

20 than the first 50 hours of work necessary in any 1 

21 year to process the application or monitor the au22 thorization. 

23 (2) MULTIPLE APPLICATIONS.—In situations 

24 involving multiple applications for special recreation 

25 permits for similar services in the same public land 


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1 unit or area that, in the aggregate, require more 

2 hours to process than are exempt under the regula3 tions promulgated under paragraph (1), the Sec4 retary of the Interior or the Secretary of Agri5 culture, as applicable, shall, regardless of whether 

6 the applications are solicited or unsolicited and 

7 whether there is competitive interest— 

8 (A) determine the share of the aggregate 

9 quantity of hours to be allocated to each appli10 cation on an equal or prorated basis, as appro11 priate; and 

12 (B) for each application, apply a separate 

13 exemption as specified in the regulations pro14 mulgated under paragraph (1) to the share of 

15 the aggregate hours allocated to the application. 

16 (c) COST REDUCTION.—To the maximum extent 

17 practicable, the agency processing an application for a spe18 cial recreation permit shall use existing studies and anal19 ysis to reduce the quantity of work and costs necessary 

20 to process the application. 

21 SEC. 11. EXTENSION OF SPECIAL RECREATION PERMITS. 

22 (a) IN GENERAL.—Subject to subsection (b), if the 

23 holder of a long-term special recreation permit makes a 

24 timely and sufficient request for renewal of the long-term 

25 special recreation permit, the expiration of the permit 


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1 shall be tolled in accordance with the undesignated matter 

2 following section 558(c)(2) of title 5, United States Code, 

3 until such time as the request for renewal has been finally 

4 determined by the Secretary concerned. 

5 (b) LIMITATION.—Any tolling under subsection (a) 

6 shall be for a period of not more than 5 years. 

7 (c) RESPONSIBILITY OF THE SECRETARY CON8 CERNED.—Before allowing the expiration of a permit to 

9 be tolled under subsection (a), the Secretary concerned, 

10 to the maximum extent practicable, shall complete the re11 newal process. 

Æ 


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