IB 

Union Calendar No. 460 

117TH CONGRESS 

2D SESSION H. R. 3670 

[Report No. 117–637, Part I] 

To improve access for outdoor recreation through the use of special recreation 

permits on Federal recreational lands and waters, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2021 

Mr. NEGUSE (for himself, Ms. DEGETTE, Mrs. DINGELL, and Mr. GALLEGO) 

introduced the following bill; which was referred to the Committee on 

Natural Resources, and in addition to the Committee on Agriculture, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

DECEMBER 14, 2022 

Additional sponsors: Mr. PERLMUTTER and Mr. CROW

DECEMBER 14, 2022 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 14, 2022 

Committee on Agriculture discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 1, 2021] 


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A BILL 

To improve access for outdoor recreation through the use 

of special recreation permits on Federal recreational 

lands and waters, and for other purposes. 


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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Simplifying Outdoor Access for Recreation Act’’ or the 

6 ‘‘SOAR Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of this 

8 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—MODERNIZING RECREATION PERMITTING 

Sec. 101. Definitions. 

Sec. 102. Special recreation permit and fee. 

Sec. 103. Permitting process improvements. 

Sec. 104. Permit flexibility. 

Sec. 105. Permit administration. 

Sec. 106. Permits for multijurisdictional trips. 

Sec. 107. Forest Service permit use reviews. 

Sec. 108. Liability. 

Sec. 109. Cost recovery reform. 

Sec. 110. Extension of special recreation permits. 

Sec. 111. Availability of Federal and State recreation passes. 

Sec. 112. Online purchases of America the Beautiful—The National Parks and 

Federal Recreational Lands Pass. 

Sec. 113. Savings provision. 

TITLE II—MAKING RECREATION A PRIORITY 

Sec. 201. Extension of seasonal recreation opportunities. 

Sec. 202. Recreation performance metrics. 

TITLE III—MAINTENANCE OF PUBLIC LAND 

Sec. 301. Private-sector volunteer enhancement program. 

Sec. 302. Enhancing outdoor recreation through public lands service organizations. 

9 SEC. 2. DEFINITIONS. 

10 In this Act: 

11 (1) FEDERAL LAND MANAGEMENT AGENCY.—The 

12 term ‘‘Federal land management agency’’ has the 


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1 meaning given the term in section 802 of the Federal 

2 Lands Recreation Enhancement Act (16 U.S.C. 

3 6801). 

4 (2) FEDERAL RECREATIONAL LANDS AND

5 WATERS.—The term ‘‘Federal recreational lands and 

6 waters’’ has the meaning given the term in section 

7 802 of the Federal Lands Recreation Enhancement 

8 Act (16 U.S.C. 6801). 

9 (3) SECRETARIES.—Except as otherwise pro10 vided in this Act, the term ‘‘Secretaries’’ means— 

11 (A) the Secretary of the Interior; and 

12 (B) the Secretary of Agriculture. 

13 TITLE I—MODERNIZING 

14 RECREATION PERMITTING 

15 SEC. 101. DEFINITIONS. 

16 In this title: 

17 (1) ASSOCIATED AGENCY.—The term ‘‘associated 

18 agency’’ means the Federal land management agency, 

19 other than the lead agency, that manages a Federal 

20 land unit that is the subject of a single joint special 

21 recreation permit under section 106. 

22 (2) LEAD AGENCY.—With respect to a single 

23 joint special recreation permit application submitted 

24 under section 106(a), the term ‘‘lead agency’’ means 

25 the Federal land management agency designated to 


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1 administer the single joint special recreation permit 

2 under section 106(a)(2). 

3 (3) LONG-TERM SPECIAL RECREATION PERMIT.— 

4 The term ‘‘long-term special recreation permit’’ 

5 means— 

6 (A) for a Federal land unit managed by the 

7 Forest Service, a priority use permit; and 

8 (B) for a Federal land unit managed by the 

9 Bureau of Land Management, a multiyear spe10 cial recreation permit. 

11 (4) MULTIJURISDICTIONAL TRIP.—The term 

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

13 (A) uses 2 or more Federal land units; and 

14 (B) is under the jurisdiction of 2 or more 

15 Federal land management agencies. 

16 (5) FEDERAL LAND UNIT.—The term ‘‘Federal 

17 land unit’’ means— 

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

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

20 (C) a unit of the National Wildlife Refuge 

21 System; 

22 (D) a district of the Bureau of Land Man23 agement; and 

24 (E) a project of the Bureau of Reclamation. 


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1 (6) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture, with re4 spect to a Federal land unit described in para5 graph (5)(A); and 

6 (B) the Secretary of the Interior, with re7 spect to a Federal land unit described in sub8 paragraph (B), (C), (D), or (E) of paragraph 

9 (5). 

10 (7) SPECIAL RECREATION PERMIT.—The term 

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

12 term in section 802 of the Federal Lands Recreation 

13 Enhancement Act (16 U.S.C. 6801). 

14 SEC. 102. SPECIAL RECREATION PERMIT AND FEE. 

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

16 Recreation Enhancement Act (16 U.S.C. 6801) is amend17 ed— 

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

19 and inserting ‘‘ section 803(f)’’; 

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

21 and inserting ‘‘section 803(g)’’; 

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

23 and inserting ‘‘section 805’’; 

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

25 and inserting ‘‘section 805’’; 


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

2 and inserting ‘‘section 807’’; 

3 (6) in paragraph (13), by striking ‘‘section 3(h)’’ 

4 and inserting ‘‘section 803(h)’’; 

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

6 (5), (6), (7), (8), (9), (10), (11), and (13) as para7 graphs (15), (1), (3), (4), (5), (6), (7), (8), (11), (10), 

8 and (14), respectively, and moving the paragraphs so 

9 as to appear in numerical order; 

10 (8) by inserting after paragraph (8) (as so redes11 ignated) the following: 

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

13 term ‘recreation service provider’ means an indi14 vidual or entity that— 

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

16 recreation services; or 

17 ‘‘(B) conducts recreational or competitive 

18 events, including incidental sales.’’; and 

19 (9) by inserting after paragraph (12) the fol20 lowing: 

21 ‘‘(13) SPECIAL RECREATION PERMIT.—The term 

22 ‘special recreation permit’ means a permit issued by 

23 a Federal Land Management Agency for specialized 

24 individual or group uses of Federal recreational lands 

25 and waters, including— 


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1 ‘‘(A) for outfitting, guiding, or other recre2 ation services; 

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

4 which may include incidental sales; 

5 ‘‘(C) for the use of— 

6 ‘‘(i) a special area; or 

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

8 ‘‘(D) for motorized recreational vehicle use 

9 in compliance with an applicable travel manage10 ment plan or other regulation; and 

11 ‘‘(E) for a group activity or event.’’. 

12 (b) SPECIAL RECREATION PERMIT AND FEE.—Section 

13 803 of the Federal Lands Recreation Enhancement Act (16 

14 U.S.C. 6802) is amended— 

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

16 4(d)’’ and inserting ‘‘section 804(d)’’; and 

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

18 following: 

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

20 ‘‘(1) SPECIAL RECREATION PERMIT.—The Sec21 retary may issue a special recreation permit for spe22 cialized individual or group uses of Federal rec23 reational lands and waters as defined in section 

24 802(13) of this Act (16 U.S.C. 6801). 

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


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

2 charge a special recreation permit fee in connec3 tion with the issuance of a special recreation 

4 permit under paragraph (1). 

5 ‘‘(B) FEES FOR CERTAIN LANDS.— 

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

7 (ii) and (iii), a special recreation permit 

8 fee under subparagraph (A) for use of Fed9 eral recreational lands and waters managed 

10 by the Forest Service, the Bureau of Land 

11 Management, the Bureau of Reclamation, or 

12 the United States Fish and Wildlife Service 

13 shall not exceed the difference between— 

14 ‘‘(I) the sum of— 

15 ‘‘(aa) 3 percent of the annual 

16 gross revenue of the recreation 

17 service provider for all activities 

18 authorized by the special recre19 ation permit; and 

20 ‘‘(bb) any applicable revenue 

21 addition; and 

22 ‘‘(II) any applicable revenue ex23 clusion. 

24 ‘‘(ii) EXCLUSION OF CERTAIN REVE25 NUES AND PAYMENTS.—In calculating the 


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1 amount of a fee for a special recreation per2 mit under clause (i), the Secretary con3 cerned shall exclude— 

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

5 souvenirs, merchandise, gear, food, and 

6 activities provided or sold by a special 

7 recreation permit holder in a location 

8 other than the Federal recreational 

9 lands and waters covered by the per10 mit, including transportation costs, 

11 lodging, and any other service before or 

12 after a trip; and 

13 ‘‘(II) revenue from any rec14 reational services provided by a special 

15 recreation permit holder for activities 

16 on Federal recreational lands and 

17 waters for which a separate permit is 

18 issued. 

19 ‘‘(iii) ALTERNATIVE PER-PERSON

20 FEE.— 

21 ‘‘(I) IN GENERAL.—For Federal 

22 recreational lands and waters managed 

23 by the Forest Service, the Bureau of 

24 Land Management, the Bureau of Rec25 lamation, or the United States Fish 


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1 and Wildlife Service, the Secretary 

2 may charge a per-person fee in connec3 tion with the issuance of a special 

4 recreation permit under paragraph 

5 (1). 

6 ‘‘(II) AMOUNT OF FEE.—The total 

7 amount charged by the Secretary in 

8 connection with the issuance of a spe9 cial recreation permit under para10 graph (1) using a per-person fee under 

11 subclause (I) shall not exceed the 

12 amount the Secretary may charge for a 

13 special recreation permit fee under 

14 subparagraph (A) and clauses (i) and 

15 (ii). 

16 ‘‘(iv) EFFECT.—Nothing in this sub17 paragraph affects any fee for a commercial 

18 use authorization for use of Federal rec19 reational lands and waters managed by the 

20 National Park Service. 

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

22 recreation permit holder may inform customers 

23 of any fee charged by the Secretary under this 

24 section. 

25 ‘‘(3) REPORTS.— 


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

2 make available to holders of special recreation 

3 permits under paragraph (1) and the public an 

4 annual report describing the use of fees collected 

5 by the Secretary under paragraph (2). 

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

7 subparagraph (A) shall include a description of 

8 how the fees are used in each Federal land unit 

9 (as defined in section 2 of the SOAR Act) ad10 ministered by the Secretary, including an identi11 fication of the amounts used for specific activi12 ties within the Federal land unit.’’. 

13 (c) USE OF SPECIAL RECREATION PERMIT REV14 ENUE.—Section 808 of the Federal Lands Recreation En15 hancement Act (16 U.S.C. 6807) is amended— 

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

17 6(a)’’ and inserting ‘‘section 806(a)’’; 

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

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

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

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

22 (4) by inserting after subsection (a) the fol23 lowing: 


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1 ‘‘(b) USE OF SPECIAL RECREATION PERMIT FEE REV2 ENUE.—Revenue from a special recreation permit fee may 

3 be used for— 

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

5 and 

6 ‘‘(2) expenses— 

7 ‘‘(A) associated with issuing and admin8 istering special recreation permits; and 

9 ‘‘(B) incurred in the improvement of the op10 eration of the special recreation permit system.’’. 

11 (d) PERMANENT AUTHORIZATION.—Section 810 of the 

12 Federal Lands Recreation Enhancement Act (16 U.S.C. 

13 6809) is amended— 

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

15 the following: 

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

17 (b), the authority’’; and 

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

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

20 to— 

21 ‘‘(1) section 802; 

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

23 ‘‘(3) subsection (a), (b) or (c) of section 808.’’. 


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1 SEC. 103. PERMITTING PROCESS IMPROVEMENTS. 

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

3 issuance and renewal of special recreation permits and re4 duce the cost of administering special recreation permits, 

5 the Secretary concerned shall— 

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

7 enactment of this Act— 

8 (A) evaluate the special recreation permit9 ting process; and 

10 (B) identify opportunities— 

11 (i) to eliminate duplicative processes; 

12 (ii) to reduce costs; and 

13 (iii) to decrease processing times; and 

14 (2) not later than 1 year after the date on which 

15 the Secretary concerned completes the evaluation and 

16 identification processes under paragraph (1), revise, 

17 as necessary, relevant agency regulations and policy 

18 statements to implement the improvements identified 

19 under paragraph (1)(B). 

20 (b) CATEGORICAL EXCLUSIONS.— 

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

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

23 concerned shall— 

24 (A) evaluate whether 1 or more additional 

25 categorical exclusions developed in compliance 

26 with the National Environmental Policy Act of 


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1 1969 (42 U.S.C. 4321 et seq.) would reduce proc2 essing times or costs for the issuance or renewal 

3 of special recreation permits without signifi4 cantly affecting the human environment; and 

5 (B) if the Secretary concerned determines 

6 under subparagraph (A) that 1 or more addi7 tional categorical exclusions would reduce proc8 essing times or costs for the issuance or renewal 

9 of special recreation permits without signifi10 cantly affecting the human environment— 

11 (i) establish those categorical exclusions 

12 in compliance with the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 

14 et seq.); 

15 (ii) fully document that a category of 

16 actions will not individually or cumula17 tively have a significant effect on the 

18 human environment; and 

19 (iii) revise relevant agency regulations 

20 and policy statements to implement those 

21 categorical exclusions. 

22 (2) ADMINISTRATION.— 

23 (A) IN GENERAL.—In administering a cat24 egorical exclusion established under paragraph 

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


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1 with the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.) (including regula3 tions promulgated pursuant to that Act). 

4 (B) EXTRAORDINARY CIRCUMSTANCES.—In 

5 determining whether to use a categorical exclu6 sion established under paragraph (1)(B), the 

7 Secretary concerned shall apply, as applicable, 

8 the extraordinary circumstances procedures de9 scribed in— 

10 (i) section 220.6 of title 36, Code of 

11 Federal Regulations (or a successor regula12 tion); and 

13 (ii) section 46.215 of title 43, Code of 

14 Federal Regulations (or a successor regula15 tion). 

16 (c) NEEDS ASSESSMENTS.—Except as required under 

17 subsection (c) or (d) of section 4 of the Wilderness Act (16 

18 U.S.C. 1133), the Secretary concerned shall not conduct a 

19 needs assessment as a condition of issuing a special recre20 ation permit for a Federal land unit under this Act. 

21 (d) ONLINE APPLICATIONS.—The Secretary concerned 

22 shall make applications for special recreation permits 

23 available to be completed and submitted online unless the 

24 Secretary concerned determines that making applications 

25 for special recreation permits available to be completed and 


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1 submitted online would not improve the efficiency or acces2 sibility of the permitting process. 

3 SEC. 104. PERMIT FLEXIBILITY. 

4 (a) SIMILAR ACTIVITIES.—The Secretary concerned 

5 shall establish a permit administration protocol that au6 thorizes, to the maximum extent practicable, a permittee 

7 issued a special recreation permit for a Federal land unit 

8 under section 803(h) of the Federal Lands Recreation En9 hancement Act (16 U.S.C. 6802(h)) to engage in a rec10 reational activity that is substantially similar to the spe11 cific activity authorized under the special recreation per12 mit, if the substantially similar recreational activity— 

13 (1) is comparable in type, nature, scope, and ec14 ological setting to the specific activity authorized 

15 under the special recreation permit; 

16 (2) does not result in a greater impact on nat17 ural and cultural resources than the authorized activ18 ity; 

19 (3) does not adversely affect any other permittee 

20 issued a special recreation permit for a Federal land 

21 unit under that subsection; 

22 (4) does not involve the use of a motor for a pre23 viously non-motorized use; and 


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1 (5) is consistent with any laws and regulations 

2 (including land use or management plans) applying 

3 to a Federal land unit. 

4 (b) VOLUNTARY RETURN OF SURPLUS SERVICE

5 DAYS.—The Secretary concerned shall establish a program 

6 to allow a permittee issued a special recreation permit for 

7 a Federal land unit to voluntarily and temporarily return 

8 to the Secretary concerned 1 or more surplus service days, 

9 to be made available to any other existing or potential per10 mittee. 

11 (c) FOREST SERVICE AND BUREAU OF LAND MANAGE12 MENT TEMPORARY SPECIAL RECREATION PERMITS.— 

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

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

15 concerned shall establish and implement a program to 

16 authorize the issuance of temporary special recreation 

17 permits for new or additional recreational uses of 

18 Federal recreational land and water managed by the 

19 Forest Service and the Bureau of Land Management. 

20 (2) TERM OF TEMPORARY PERMITS.—A tem21 porary special recreation permit issued under para22 graph (1) shall be issued for a period of not more 

23 than 2 years. 

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

25 Secretary concerned determines that a permittee 


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1 under paragraph (1) has completed 2 years of satis2 factory operation under the permit proposed to be 

3 converted, the Secretary may provide for the conver4 sion of a temporary special recreation permit issued 

5 under paragraph (1) to a long-term special recreation 

6 permit. 

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

8 or affects the authority of the Secretary to issue a spe9 cial recreation permit under subsection (h)(1) of sec10 tion 803 of the Federal Lands Recreation Enhance11 ment Act (16 U.S.C. 6802(h)(1)). 

12 SEC. 105. PERMIT ADMINISTRATION. 

13 (a) PERMIT AVAILABILITY.— 

14 (1) NOTIFICATION OF PERMIT AVAILABILITY.— 

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

16 subparagraphs (B) and (C), if the Secretary con17 cerned has determined that the Department of 

18 Agriculture or the Department of the Interior, as 

19 applicable, is able to issue new special recreation 

20 permits to recreation service providers seeking to 

21 use a Federal land unit, the Secretary concerned 

22 shall publish that information on the website of 

23 the agency that administers the relevant Federal 

24 land unit. 


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1 (B) EXCEPTION FOR CERTAIN PERMITS.— 

2 With respect to a Federal land unit managed by 

3 the Forest Service or the Bureau of Land Man4 agement, subparagraph (A) shall apply only to 

5 a long-term special recreation permit for the 

6 Federal land unit. 

7 (C) EXCEPTION FOR RENEWALS AND

8 REISSUANCES.—Subparagraph (A) shall not 

9 apply to— 

10 (i) a renewal or reissuance of an exist11 ing special recreation permit; or 

12 (ii) a new special recreation permit 

13 issued to the purchaser of a recreation serv14 ice provider that is the holder of an existing 

15 special recreation permit. 

16 (D) EFFECT.—Nothing in this paragraph 

17 creates a prerequisite to the issuance of a special 

18 recreation permit or otherwise limits the author19 ity of the Secretary concerned— 

20 (i) to issue a new special recreation 

21 permit; 

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

23 an existing special recreation permit; or 

24 (iii) to make special recreation permits 

25 available to members of the public. 


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1 (2) UPDATES.—The Secretary concerned shall 

2 ensure that information published on the website 

3 under this subsection is consistently updated to pro4 vide current and correct information to the public. 

5 (3) ELECTRONIC MAIL NOTIFICATION.—The Sec6 retary concerned shall— 

7 (A) establish a system by which potential 

8 special recreation permit applicants may sub9 scribe to receive notification of the availability of 

10 special recreation permits by electronic mail; 

11 and 

12 (B) direct employees of the Department of 

13 Agriculture or the Department of the Interior, as 

14 applicable, to use that system to notify the public 

15 of the availability of special recreation permits. 

16 (b) PERMIT APPLICATION ACKNOWLEDGMENT.—Not 

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

18 of the Interior receives a completed application or the Sec19 retary of Agriculture receives a complete proposal for a spe20 cial recreation permit for a Federal land unit, the Secretary 

21 concerned shall— 

22 (1) provide to the applicant notice acknowl23 edging receipt of the application or proposal; and 

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

25 application or proposal; or 


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1 (B) provide to the applicant notice of a projected 

2 date for a final decision on the application or pro3 posal. 

4 SEC. 106. PERMITS FOR MULTIJURISDICTIONAL TRIPS. 

5 (a) SINGLE JOINT SPECIAL RECREATION PERMITS.— 

6 (1) IN GENERAL.—In the case of a multijuris7 dictional trip, the Federal land management agencies 

8 with jurisdiction over the multijurisdictional trip 

9 may offer to the applicant a single joint special recre10 ation permit that authorizes the use of each Federal 

11 land unit under the jurisdiction of those Federal land 

12 management agencies. 

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

14 special recreation permit under paragraph (1), the 

15 applicable Federal land management agencies shall 

16 designate a lead agency for administering the single 

17 joint special recreation permit based on the following 

18 considerations: 

19 (A) The length of the multijurisdictional 

20 trip and the relative portions of the multijuris21 dictional trip on each Federal land unit. 

22 (B) The congressional or administrative 

23 designations that apply to the areas to be used 

24 during the multijurisdictional trip and the deVerDate Sep 11 2014 22:54 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H3670.RH H3670

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1 gree to which those designations impose limita2 tions on recreational use. 

3 (C) The relative ability of the Federal land 

4 management agencies with jurisdiction over the 

5 multijurisdictional trip to respond to the single 

6 joint special recreation permit application in a 

7 timely manner. 

8 (D) Other relevant administrative consider9 ations. 

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

11 offered a single joint special recreation permit under 

12 paragraph (1) shall submit to the lead agency an ap13 plication, as required by the lead agency. 

14 (4) OPTION TO APPLY FOR SEPARATE PER15 MITS.—An applicant for a special recreation permit 

16 for a multijurisdictional trip may apply to each ap17 plicable Federal land management agency for a sepa18 rate permit for the portion of the multijurisdictional 

19 trip on the Federal land unit managed by each appli20 cable Federal land management agency. 

21 (5) PROHIBITIONS.—Nothing in this section 

22 shall be construed to allow an activity that would oth23 erwise be prohibited on the Federal land unit where 

24 the activity would take place. 


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

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

3 shall— 

4 (1) coordinate with each associated agency, con5 sistent with the authority of the Secretary concerned 

6 under section 330 of the Department of the Interior 

7 and Related Agencies Appropriations Act, 2001 (43 

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

9 covers the entirety of the multijurisdictional trip; 

10 (2) in processing the joint special recreation per11 mit application, incorporate the findings, interests, 

12 and needs of the associated agency; 

13 (3) in issuing the joint special recreation permit, 

14 clearly identify the agencies that have the authority 

15 to enforce the terms, stipulations, conditions and 

16 agreements of the joint special recreation permit, as 

17 determined under subsection (d); and 

18 (4) complete the permitting process within a rea19 sonable timeframe. 

20 (c) COST RECOVERY.—The coordination with the asso21 ciated agency under subsection (b) shall not be subject to 

22 cost recovery. 

23 (d) ENFORCEMENT AUTHORITY.— 

24 (1) DELEGATION OF AUTHORITY TO LEAD AGEN25 CY.—In administering a single joint special recreVerDate Sep 11 2014 22:54 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H3670.RH H3670

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1 ation permit under subsection (a), the associated 

2 agency shall delegate to the lead agency the author3 ity— 

4 (A) to enforce the terms, stipulations, condi5 tions, and agreements of the joint special recre6 ation permit, as may be required by the regula7 tions of the Secretary of the associated agency; 

8 and 

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

10 joint special recreation permit for— 

11 (i) noncompliance with Federal, State, 

12 or local laws and regulations; 

13 (ii) noncompliance with the terms of 

14 the joint special recreation permit; or 

15 (iii) failure of the holder of the joint 

16 special recreation permit to exercise the 

17 privileges granted by the joint special recre18 ation permit. 

19 (2) RETENTION OF AUTHORITY BY THE ASSOCI20 ATED AGENCY.—The associated agency shall retain 

21 the authority to enforce the terms, stipulations, condi22 tions, and agreements in the joint special recreation 

23 permit that apply specifically to the use occurring on 

24 the Federal land unit managed by the associated 

25 agency. 


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1 (e) WITHDRAWAL.— 

2 (1) IN GENERAL.—The lead agency or an associ3 ated agency may withdraw from a joint special recre4 ation permit at any time. 

5 (2) ISSUANCE OF SEPARATE PERMITS.— 

6 (A) IN GENERAL.—In the case of a with7 drawal by 1 or more agencies under paragraph 

8 (1), if the holder of the joint special recreation 

9 permit is in compliance with the requirements of 

10 the joint special recreation permit, the lead agen11 cy and each associated agency shall issue to the 

12 holder of the joint special recreation permit a 

13 new, separate special recreation permit for any 

14 use occurring on the Federal land unit managed 

15 by the agency. 

16 (B) NO NEW APPLICATION.—The holder of a 

17 joint special recreation permit from which an 

18 agency has withdrawn under paragraph (1) 

19 shall not be required to submit a new applica20 tion for a separate special recreation permit 

21 under subparagraph (A). 

22 (f) TREATMENT OF FEDERAL LAND UNITS CHARGING

23 ENTRANCE FEES.—Entrance fees may still be collected in 

24 addition to any special recreation permit fees for any trip 


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1 that originates on, or outside of but passes through, a Fed2 eral lands unit that charges such fees. 

3 SEC. 107. FOREST SERVICE PERMIT USE REVIEWS. 

4 (a) IN GENERAL.—If the Secretary of Agriculture (re5 ferred to in this section as the ‘‘Secretary’’) conducts a spe6 cial recreation permit use review in renewing a special 

7 recreation permit or adjusting allocations of use in a spe8 cial recreation permit, the Secretary shall— 

9 (1) take into consideration the performance of 

10 the special recreation permit holder during the re11 viewed period; and 

12 (2) if the special recreation permit holder re13 ceives a satisfactory performance review, allocate to 

14 the special recreation permit holder the highest level 

15 of actual annual use during the period under review 

16 plus 25 percent of that use, not to exceed the level al17 located to the special recreation permit holder on the 

18 date on which the special recreation permit was 

19 issued. 

20 (b) ADDITIONAL CAPACITY.— 

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

22 available the Secretary may, at any time, assign ad23 ditional use capacity to 1 or more qualified recre24 ation service providers. 


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1 (2) ASSIGNMENT NOT SUBJECT TO CAP ON

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

3 additional use capacity under paragraph (1), the Sec4 retary may assign additional use capacity to an ex5 isting special recreation permit holder even if that as6 signment would exceed the amount of use allocated to 

7 the special recreation permit holder on the date on 

8 which the special recreation permit was issued. 

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

10 recreation permit use review for any period during which 

11 use of the assigned capacity has been prevented by a cir12 cumstance beyond the control of the special recreation per13 mit holder, such as— 

14 (1) unfavorable weather; 

15 (2) fire; 

16 (3) natural disaster; 

17 (4) wildlife displacement; 

18 (5) business interruption; 

19 (6) insufficient availability of hunting and fish20 ing licenses; or 

21 (7) significant seasonal variability or off-peak 

22 periods within the allocated period of use. 

23 (d) APPROVAL OF NON-USE.— 

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

25 which the holder of a special recreation permit would 


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

2 of the holder of the special recreation permit, the Sec3 retary may approve non-use by the holder of the spe4 cial recreation permit without reducing the number of 

5 service days assigned to the special recreation permit. 

6 (2) TEMPORARY REASSIGNMENT OF USE.—The 

7 Secretary may temporarily assign any period of non8 use approved under paragraph (1) to any other exist9 ing or potential permittee. 

10 SEC. 108. LIABILITY. 

11 (a) EXCULPATORY AGREEMENTS.— 

12 (1) IN GENERAL.—A Federal land management 

13 agency shall not implement, administer, or enforce 

14 any regulation, guidance, or policy regarding the use 

15 of an exculpatory agreement between a special recre16 ation permit holder and a customer of the special 

17 recreation permit holder relating to services provided 

18 under a special recreation permit. 

19 (2) SAVINGS CLAUSE.—Nothing in this sub20 section preempts, displaces, modifies, or eliminates 

21 any State law (including common law) regarding ex22 culpatory agreements. 

23 (b) INDEMNIFICATION BY GOVERNMENT ENTITIES.— 

24 The Secretary concerned may not require a recreation serv25 ice provider to indemnify the United States as a condition 


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1 for issuing a special recreation permit for a Federal land 

2 unit under this section 803(h) of the Federal Lands Recre3 ation Enhancement Act (16 U.S.C. 6802(h)) if— 

4 (1) the recreation service provider is prohibited 

5 by State or local law from providing indemnification 

6 to the United States; and 

7 (2) the recreation service provider— 

8 (A) carries the minimum amount of liabil9 ity insurance coverage required by the issuing 

10 agency for the activities conducted under the spe11 cial recreation permit; or 

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

13 SEC. 109. COST RECOVERY REFORM. 

14 (a) REVISION OF REGULATIONS.— 

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

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

17 Agriculture shall revise section 251.58 of title 36, 

18 Code of Federal Regulations, and the Secretary of the 

19 Interior shall revise subsections (e) and (f) of section 

20 2932.31 of title 43, Code of Federal Regulations, to be 

21 consistent with this section. 

22 (2) LIMITATION.—In carrying out paragraph 

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

24 the Interior shall not include anything in the revised 

25 regulations that would limit the authority of the SecVerDate Sep 11 2014 22:54 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\H3670.RH H3670

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1 retary concerned to issue or renew special recreation 

2 permits. 

3 (b) DE MINIMIS EXEMPTION FROM COST RECOV4 ERY.— 

5 (1) IN GENERAL.—Any regulation promulgated 

6 by the Secretary of the Interior or the Secretary of 

7 Agriculture to establish fees to recover the costs of 

8 processing an application for a special recreation per9 mit issued by the U.S. Forest Service or the Bureau 

10 of Land Management, or for monitoring an author11 ization under a special recreation permit issued by 

12 the Forest Service or the Bureau of Land Manage13 ment, shall include an exemption providing that fees 

14 may not be recovered for not less than the first 50 

15 hours of work necessary in any 1 year to process the 

16 application or monitor the authorization. 

17 (2) MULTIPLE APPLICATIONS.—In situations in18 volving multiple applications for special recreation 

19 permits issued by the Forest Service or the Bureau of 

20 Land Management for similar services in the same 

21 Federal land unit or area that, in the aggregate, re22 quire more hours to process than are exempt under 

23 the regulations promulgated under paragraph (1), the 

24 Secretary concerned shall, regardless of whether the 


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1 applications are solicited or unsolicited and whether 

2 there is competitive interest— 

3 (A) determine the share of the aggregate 

4 quantity of hours to be allocated to each applica5 tion on an equal or prorated basis, as appro6 priate; and 

7 (B) for each application, apply a separate 

8 exemption as specified in the regulations pro9 mulgated under paragraph (1) to the share of the 

10 aggregate hours allocated to the application. 

11 (c) COST REDUCTION.—To the maximum extent prac12 ticable, the agency processing an application for a special 

13 recreation permit shall use existing studies and analysis to 

14 reduce the quantity of work and costs necessary to process 

15 the application. 

16 SEC. 110. EXTENSION OF SPECIAL RECREATION PERMITS. 

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

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

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

20 special recreation permit, the expiration of the permit shall 

21 be tolled in accordance with the undesignated matter fol22 lowing section 558(c)(2) of title 5, United States Code, until 

23 such time as the request for renewal has been finally deter24 mined by the Secretary concerned. 


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

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

3 (c) RESPONSIBILITY OF THE SECRETARY CON4 CERNED.—Before allowing the expiration of a permit to be 

5 tolled under subsection (a), the Secretary concerned, to the 

6 maximum extent practicable, shall complete the renewal 

7 process. 

8 SEC. 111. AVAILABILITY OF FEDERAL AND STATE RECRE9 ATION PASSES. 

10 (a) IN GENERAL.—The Federal Lands Recreation En11 hancement Act is amended by inserting after section 805 

12 (16 U.S.C. 6804) the following: 

13 ‘‘SEC. 805A. AVAILABILITY OF FEDERAL AND STATE RECRE14 ATION PASSES. 

15 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 

16 ‘‘(1) IN GENERAL.—To improve the availability 

17 of Federal and State outdoor recreation passes, the 

18 Secretaries are encouraged to consult with States to 

19 coordinate the availability of Federal and State recre20 ation passes to allow a purchaser to buy a Federal 

21 recreation pass and a State recreation pass in the 

22 same transaction. 

23 ‘‘(2) INCLUDED PASSES.—Passes covered by the 

24 program established under paragraph (1) include— 


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1 ‘‘(A) an America the Beautiful—the Na2 tional Parks and Federal Recreational Lands 

3 Pass under section 805; and 

4 ‘‘(B) any pass covering any fees charged by 

5 participating States and localities for entrance 

6 and recreational use of parks and public land in 

7 the participating States. 

8 ‘‘(b) AGREEMENTS WITH STATES.— 

9 ‘‘(1) IN GENERAL.—The Secretaries, after con10 sultation with the States, may enter into agreements 

11 with States to coordinate the availability of passes as 

12 described in subsection (a). 

13 ‘‘(2) REVENUE FROM PASS SALES.—The agree14 ments between the Secretaries and the States shall en15 sure that— 

16 ‘‘(A) funds from the sale of State passes are 

17 transferred to the appropriate State agency; 

18 ‘‘(B) funds from the sale of Federal passes 

19 are transferred to the appropriate Federal agen20 cy; and 

21 ‘‘(C) fund transfers are completed by the 

22 end of a fiscal year for all pass sales occurring 

23 during the fiscal year. 

24 ‘‘(3) NOTICE.—In entering into an agreement 

25 under paragraph (1), the Secretaries shall publish in 


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1 the Federal Register a notice describing the agree2 ment.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents for 

4 the Federal Lands Recreation Enhancement Act (16 U.S.C. 

5 6801 et seq.) is amended by inserting after the item relating 

6 to section 805 the following: 

‘‘Sec. 805A. Availability of Federal and State recreation passes.’’. 

7 SEC. 112. ONLINE PURCHASES OF AMERICA THE BEAU8 TIFUL—THE NATIONAL PARKS AND FEDERAL 

9 RECREATIONAL LANDS PASS. 

10 (a) IN GENERAL.—Section 805(a)(6) of the Federal 

11 Lands Recreation Enhancement Act (16 U.S.C. 6804(a)(6)) 

12 is amended by striking subparagraph (A) and inserting the 

13 following: 

14 ‘‘(A) IN GENERAL.—The Secretaries shall 

15 sell the America the Beautiful—the National 

16 Parks and Federal Recreational Lands Pass— 

17 ‘‘(i) at all Federal recreational lands 

18 and waters at which an entrance fee or a 

19 standard amenity recreation fee is charged 

20 where feasible to do so; 

21 ‘‘(ii) at such other locations as the Sec22 retaries consider appropriate and feasible; 

23 and 

24 ‘‘(iii) through the website of each of the 

25 Federal land management agencies and the 


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1 websites of the relevant units and subunits 

2 of those agencies, with— 

3 ‘‘(I) a prominent link on each 

4 website; and 

5 ‘‘(II) information about where 

6 and when passes are needed.’’. 

7 (b) ENTRANCE PASS AND AMENITY FEES.—The Secre8 taries shall make available for payment online, if appro9 priate and feasible, for each Federal land unit where passes 

10 and fees are required— 

11 (1) all entrance fees under section 803(e) of the 

12 Federal Lands Recreation Enhancement Act (16 

13 U.S.C. 6802(e)); 

14 (2) all standard amenity recreation fees under 

15 section 803(f) of that Act (16 U.S.C. 6802(f)); and 

16 (3) all expanded amenity recreation fees under 

17 section 803(g) of that Act (16 U.S.C. 6802(g)). 

18 SEC. 113. SAVINGS PROVISION. 

19 Nothing in this Act, or in any amendment made by 

20 this Act, shall be construed as affecting the authority or re21 sponsibility of the Secretary of the Interior to award conces22 sions contracts for the provision of accommodations, facili23 ties, and services, or commercial use authorizations to pro24 vide services, to visitors to units of the National Park Sys25 tem pursuant to the National Park Service Concessions 


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1 Management Improvement Act of 1998, except that sections 

2 103(a), 103(b), 103(d), 104(a), 104(b), 106, 108(a), and 

3 108(b) of this Act shall also apply to commercial use au4 thorizations under that Act. 

5 TITLE II—MAKING RECREATION 

6 A PRIORITY 

7 SEC. 201. EXTENSION OF SEASONAL RECREATION OPPOR8 TUNITIES. 

9 (a) IN GENERAL.— 

10 (1) EXTENSION OF RECREATIONAL SEASON.—The 

11 relevant unit managers of Federal recreational lands 

12 and waters managed by the Forest Service, the Bu13 reau of Land Management, and the National Park 

14 Service may— 

15 (A) identify areas of Federal recreational 

16 lands and waters in which recreation use is 

17 highly seasonal; 

18 (B) where appropriate, extend the recre19 ation season or increase recreation use in a sus20 tainable manner during the offseason; and 

21 (C) make information about extended season 

22 schedules and related recreational opportunities 

23 available to the public and local communities. 

24 (2) CLARIFICATION.—Nothing in this subsection 

25 precludes the Secretaries from providing for addiVerDate Sep 11 2014 22:54 Dec 14, 2022 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\H3670.RH H3670

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1 tional recreational opportunities and uses at times 

2 other than those referred to in paragraph (1). 

3 (b) INCLUSIONS.—An extension under subsection 

4 (a)(1) may include— 

5 (1) the addition of facilities that would increase 

6 recreation use during the offseason; and 

7 (2) improvement of access to the area to extend 

8 the season. 

9 (c) REQUIREMENT.—An extension under subsection 

10 (a)(1) shall be compatible with all applicable Federal laws, 

11 regulations, and policies, including land use plans. 

12 SEC. 202. RECREATION PERFORMANCE METRICS. 

13 (a) IN GENERAL.—The Chief of the Forest Service and 

14 the Director of the Bureau of Land Management shall 

15 evaluate land managers under their jurisdiction based on 

16 the achievement of applicable agency recreational and tour17 ism metrics as described in applicable land management 

18 plans. 

19 (b) METRICS.— 

20 (1) IN GENERAL.—The metrics used to evaluate 

21 recreation and tourism outcomes shall ensure— 

22 (A) the advancement of recreation and tour23 ism goals; and 

24 (B) the ability of the land manager to en25 hance the outdoor experience of the visitor. 


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1 (2) INCLUSIONS.—The metrics referred to in 

2 paragraph (1) shall include— 

3 (A) the extent of positive economic impacts; 

4 (B) visitation by families; 

5 (C) the number of visiting school and youth 

6 groups; 

7 (D) the number of available recreational op8 portunities; 

9 (E) the quality of visitor experience; 

10 (F) the number of recreational and environ11 mental educational programs offered; 

12 (G) visitor satisfaction; and 

13 (H) the maintenance and expansion of ex14 isting recreation infrastructure. 

15 TITLE III—MAINTENANCE OF 

16 PUBLIC LAND 

17 SEC. 301. PRIVATE-SECTOR VOLUNTEER ENHANCEMENT 

18 PROGRAM. 

19 (a) PURPOSE.—The purpose of this section is to pro20 mote private-sector volunteer programs within the Depart21 ment of the Interior and the Department of Agriculture to 

22 enhance stewardship, recreation access, and sustainability 

23 of the resources, values, and facilities of the Federal rec24 reational lands and waters managed by the Federal land 

25 management agencies. 


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1 (b) DEFINITIONS.—In this section: 

2 (1) SECRETARY CONCERNED.—The term ‘‘Sec3 retary concerned’’ means— 

4 (A) the Secretary of Agriculture (acting 

5 through the Chief of the Forest Service), with re6 spect to National Forest System land; and 

7 (B) the Secretary of the Interior, with re8 spect to land managed by the Bureau of Land 

9 Management. 

10 (2) VOLUNTEER.—The term ‘‘volunteer’’ means 

11 any individual who performs volunteer services under 

12 this section. 

13 (c) ESTABLISHMENT.—The Secretary concerned shall 

14 carry out a program under which the Secretary concerned 

15 shall— 

16 (1) enhance private-sector volunteer programs; 

17 (2) actively promote private-sector volunteer op18 portunities; and 

19 (3) provide outreach to, and coordinate with, the 

20 private sector for the purposes described in para21 graphs (1) and (2). 

22 (d) COOPERATIVE AGREEMENTS FOR STEWARDSHIP

23 OF FEDERAL LAND.— 

24 (1) AUTHORITY TO ENTER INTO AGREEMENTS.— 

25 The Secretary concerned may enter into cooperative 


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1 agreements (in accordance with section 6305 of title 

2 31, United States Code) with private agencies, orga3 nizations, institutions, corporations, individuals, or 

4 other entities to carry out one or more projects or pro5 grams with a Federal land management agency in 

6 accordance with this section. 

7 (2) PROJECT AND PROGRAM INSTRUCTIONS.— 

8 The Secretary concerned shall include in the coopera9 tive agreement the desired outcomes of the project or 

10 program and the guidelines for the volunteers to fol11 low, including— 

12 (A) the physical boundaries of the project or 

13 program; 

14 (B) the equipment the volunteers are au15 thorized to use to complete the project or pro16 gram; 

17 (C) the training the volunteers are required 

18 to complete, including agency consideration and 

19 incorporation of training offered by qualified 

20 nongovernmental organizations and volunteer 

21 partner organizations; 

22 (D) the actions the volunteers are author23 ized to take to complete the project or program; 

24 and 


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1 (E) any other information that the Sec2 retary concerned determines necessary for the 

3 volunteer group to complete the project or pro4 gram. 

5 (3) AUTHORIZED PROJECTS AND PROGRAMS.— 

6 Subject to paragraph (4), the Secretary concerned 

7 may use a cooperative agreement to carry out projects 

8 and programs for Federal land that— 

9 (A) promote the stewardship of resources of 

10 Federal land by volunteers; 

11 (B) support maintaining the resources, 

12 trails, and facilities on Federal land in a sus13 tainable manner; 

14 (C) increase awareness, understanding, and 

15 stewardship of Federal land through the develop16 ment, publication, or distribution of educational 

17 materials and products; and 

18 (D) promote the use of Federal land as out19 door classrooms. 

20 (4) CONDITIONS ON USE OF AUTHORITY.—The 

21 Secretary concerned may use a cooperative agreement 

22 under paragraph (1) to carry out a project or pro23 gram for the Federal land only if the project or pro24 gram— 


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1 (A) complies with all Federal laws (includ2 ing regulations) and policies; 

3 (B) is consistent with an applicable man4 agement plan for any Federal recreational lands 

5 and waters involved; 

6 (C) is monitored by the relevant Federal 

7 land management agency during the project and 

8 after project completion to determine compliance 

9 with the instructions under paragraph (2); and 

10 (D) satisfies such other terms and condi11 tions as the Secretary concerned determines to be 

12 appropriate. 

13 SEC. 302. ENHANCING OUTDOOR RECREATION THROUGH 

14 PUBLIC LANDS SERVICE ORGANIZATIONS. 

15 In carrying out projects on Federal recreational lands 

16 and waters that would directly or indirectly enhance recre17 ation, the Secretaries shall— 

18 (1) to the maximum extent practicable— 

19 (A) use qualified youth or conservation 

20 corps as defined in section 203(11) of the Public 

21 Lands Corps Act of 1993 (16 U.S.C. 1722(11)); 

22 and 

23 (B) use non-profit wilderness and trails 

24 stewardship organizations; 


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1 (2) enter into cooperative agreements with the 

2 Corps Network, the National Wilderness Stewardship 

3 Alliance, American Trails, other public lands stew4 ardship organizations, outdoor recreation businesses, 

5 and outdoor recreation university programs, as ap6 propriate, for the purpose of identifying appropriate 

7 projects, activities, and workforce development out8 comes; and 

9 (3) waive any matching funds requirements, in10 cluding under section 212(a)(1) of the Public Lands 

11 Corps Act of 1993 (16 U.S.C. 1729(a)(1)). 


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Union Calendar No. 460 

117TH CONGRESS 

2D SESSION H. R. 3670 

[Report No. 117–637, Part I] 

A BILL 

To improve access for outdoor recreation through 

poses. recreational lands and waters, and for other purthe use of special recreation permits on Federal 

DECEMBER 14, 2022 

Reported from the Committee on Natural Resources with 

an amendment 

DECEMBER 14, 2022 

Committee on Agriculture discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


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