SOAR Act

Subjects: Public Lands and Natural Resources


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1630 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1630

  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 16, 2023

  Mr. Heinrich (for himself, Mrs. Capito, Mr. Bennet, Mr. Risch, Mr. 
King, Ms. Collins, Ms. Cortez Masto, Mr. Daines, Mr. Wyden, Mr. Crapo, 
 Mr. Tester, and Mr. Rounds) 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Simplifying Outdoor Access for 
Recreation Act'' or the ``SOAR Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commercial use authorization.--The term ``commercial 
        use authorization'' means a commercial use authorization to 
        provide services to visitors to units of the National Park 
        System under subchapter II of chapter 1019 of title 54, United 
        States Code.
            (2) Federal land management agency.--The term ``Federal 
        land management agency'' has the meaning given the term in 
        section 802 of the Federal Lands Recreation Enhancement Act (16 
        U.S.C. 6801).
            (3) Federal recreational lands and waters.--The term 
        ``Federal recreational lands and waters'' has the meaning given 
        the term in section 802 of the Federal Lands Recreation 
        Enhancement Act (16 U.S.C. 6801).
            (4) Recreation service provider.--The term ``recreation 
        service provider'' has the meaning given the term in section 
        802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
        6801) (as amended by section 3(b)(9)).
            (5) Secretaries.--The term ``Secretaries'' means each of--
                    (A) the Secretary; and
                    (B) the Secretary of Agriculture.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary, with respect to land under the 
                jurisdiction of the Secretary; or
                    (B) the Secretary of Agriculture, with respect to 
                land managed by the Forest Service.
            (8) Special recreation permit.--The term ``special 
        recreation permit'' has the meaning given the term in section 
        802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
        6801) (as amended by section 3(b)(10)).
            (9) Visitor-use day.--The term ``visitor-use day'' means a 
        visitor-use day, user day, launch, or other metric used by the 
        Secretary concerned for purposes of authorizing use under a 
        special recreation permit.

SEC. 3. AMENDMENTS TO THE FEDERAL LANDS RECREATION ENHANCEMENT ACT.

    (a) Short Title.--The Federal Lands Recreation Enhancement Act (16 
U.S.C. 6801 et seq.) is amended by striking section 801 and inserting 
the following:

``SEC. 801. SHORT TITLE.

    ``This title may be cited as the `Federal Lands Recreation 
Enhancement Act'.''.
    (b) Definitions.--Section 802 of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6801) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``this Act'' and inserting ``this title'';
            (2) in paragraph (1), by striking ``section 3(f)'' and 
        inserting ``section 803(f)'';
            (3) in paragraph (2), by striking ``section 3(g)'' and 
        inserting ``section 803(g)'';
            (4) in paragraph (6), by striking ``section 5(a)(7)'' and 
        inserting ``section 805(a)(7)'';
            (5) in paragraph (9), by striking ``section 5(d)'' and 
        inserting ``section 805(d)'';
            (6) in paragraph (12), by striking ``section 7'' and 
        inserting ``section 807'';
            (7) in paragraph (13), by striking ``section 3(h)'' and 
        inserting ``section 803(h)(2)'';
            (8) by redesignating paragraphs (1), (3), (4), (5), (6), 
        (7), (8), (9), (10), (11), and (13) as paragraphs (15), (1), 
        (3), (4), (5), (6), (7), (8), (11), (10), and (14), 
        respectively, and moving the paragraphs so as to appear in 
        numerical order;
            (9) by inserting after paragraph (8) (as so redesignated) 
        the following:
            ``(9) Recreation service provider.--The term `recreation 
        service provider' means a person that provides recreational 
        services to the public under a special recreation permit under 
        clause (iii) or (iv) of paragraph (13)(A).''; and
            (10) by inserting after paragraph (12) the following:
            ``(13) Special recreation permit.--
                    ``(A) In general.--The term `special recreation 
                permit' means a permit issued by a Federal land 
                management agency for the use of Federal recreational 
                lands and waters--
                            ``(i) for a specialized recreational use 
                        not described in clause (ii), (iii), or (iv), 
                        such as--
                                    ``(I) an organizational camp;
                                    ``(II) a single event that does not 
                                require an entry or participation fee 
                                that is not strictly a sharing of 
                                expenses for the purposes of the event; 
                                and
                                    ``(III) participation by the public 
                                in a recreation activity or recreation 
                                use of a specific area of Federal 
                                recreational lands and waters in which 
                                use by the public is allocated;
                            ``(ii) for a large-group activity or event 
                        for not fewer than 75 participants;
                            ``(iii) for--
                                    ``(I) at the discretion of the 
                                Secretary, a single organized group 
                                recreation activity or event (including 
                                an activity or event in which motorized 
                                recreational vehicles are used or in 
                                which outfitting and guiding services 
                                are used) that--
                                            ``(aa) is a structured or 
                                        scheduled event or activity;
                                            ``(bb) is not competitive 
                                        and is for fewer than 75 
                                        participants;
                                            ``(cc) may charge an entry 
                                        or participation fee;
                                            ``(dd) involves fewer than 
                                        200 visitor-use days; and
                                            ``(ee) is undertaken or 
                                        provided by the recreation 
                                        service provider at the same 
                                        site not more frequently than 3 
                                        times a year;
                                    ``(II) a single competitive event; 
                                or
                                    ``(III) at the discretion of the 
                                Secretary, a recurring organized group 
                                recreation activity (including an 
                                outfitting and guiding activity) that--
                                            ``(aa) is a structured or 
                                        scheduled activity;
                                            ``(bb) is not competitive;
                                            ``(cc) may charge a 
                                        participation fee;
                                            ``(dd) occurs in a group 
                                        size of fewer than 7 
                                        participants;
                                            ``(ee) involves fewer than 
                                        40 visitor-use days; and
                                            ``(ff) is undertaken or 
                                        provided by the recreation 
                                        service provider for a term of 
                                        not more than 180 days; or
                            ``(iv) for--
                                    ``(I) a recurring outfitting, 
                                guiding, or, at the discretion of the 
                                Secretary, other recreation service, 
                                the authorization for which is for a 
                                term of not more than 10 years; or
                                    ``(II) a recurring outfitting, 
                                guiding, or, at the discretion of the 
                                Secretary, other recreation service, 
                                that occurs under a transitional 
                                special recreation permit authorized 
                                under section 5(a) of the Simplifying 
                                Outdoor Access for Recreation Act.
                    ``(B) Exclusions.--The term `special recreation 
                permit' does not include--
                            ``(i) a concession contract for the 
                        provision of accommodations, facilities, or 
                        services;
                            ``(ii) a commercial use authorization 
                        issued under section 101925 of title 54, United 
                        States Code; or
                            ``(iii) any other type of permit, including 
                        a special use permit administered by the 
                        National Park Service.''.
    (c) Special Recreation Permits and Fees.--Section 803 of the 
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended--
            (1) by striking ``this Act'' each place it appears and 
        inserting ``this title'';
            (2) in subsection (b)(5), by striking ``section 4(d)'' and 
        inserting ``section 804(d)''; and
            (3) by striking subsection (h) and inserting the following:
    ``(h) Special Recreation Permits and Fees.--
            ``(1) Special recreation permits.--
                    ``(A) Applications.--The Secretary--
                            ``(i) may develop and make available to the 
                        public an application to obtain a special 
                        recreation permit described in clause (i) of 
                        section 802(13)(A); and
                            ``(ii) shall develop and make available to 
                        the public an application to obtain a special 
                        recreation permit described in clause (ii), 
                        (iii), or (iv) of section 802(13)(A).
                    ``(B) Issuance of permits.--On review of a 
                completed application developed under subparagraph (A), 
                as applicable, and a determination by the Secretary 
                that the applicant is eligible for the special 
                recreation permit, the Secretary may issue to the 
                applicant a special recreation permit, subject to any 
                terms and conditions that are determined to be 
                necessary by the Secretary.
                    ``(C) Incidental sales.--A special recreation 
                permit issued under this paragraph may include an 
                authorization for sales that are incidental in nature 
                to the permitted use of the Federal recreational lands 
                and waters.
            ``(2) Special recreation permit fees.--
                    ``(A) In general.--The Secretary may charge a 
                special recreation permit fee for the issuance of a 
                special recreation permit in accordance with this 
                paragraph.
                    ``(B) Predetermined special recreation permit 
                fees.--
                            ``(i) In general.--For purposes of 
                        subparagraphs (D) and (E), the Secretary shall 
                        establish and may charge a predetermined fee, 
                        described in clause (ii), for a special 
                        recreation permit described in clause (iii) or 
                        (iv) of section 802(13)(A) for a specific type 
                        of use on a unit of Federal recreational lands 
                        and waters, consistent with the criteria set 
                        forth in clause (iii).
                            ``(ii) Type of fee.--A predetermined fee 
                        described in clause (i) shall be--
                                    ``(I) a fixed fee that is assessed 
                                per special recreation permit, 
                                including a fee with an associated size 
                                limitation or other criteria as 
                                determined to be appropriate by the 
                                Secretary; or
                                    ``(II) an amount assessed per 
                                visitor-use day.
                            ``(iii) Criteria.--A predetermined fee 
                        under clause (i) shall--
                                    ``(I) have been established before 
                                the date of enactment of the 
                                Simplifying Outdoor Access for 
                                Recreation Act;
                                    ``(II) be established after the 
                                date of enactment of the Simplifying 
                                Outdoor Access for Recreation Act in 
                                accordance with subsection (b);
                                    ``(III)(aa) be established after 
                                the date of enactment of the 
                                Simplifying Outdoor Access for 
                                Recreation Act; and
                                    ``(bb) be comparable to an amount 
                                described in subparagraph (D)(ii) or 
                                (E)(ii), as applicable; or
                                    ``(IV) beginning on the date that 
                                is 2 years after the date of enactment 
                                of the Simplifying Outdoor Access for 
                                Recreation Act, be $6 per visitor-use 
                                day in instances in which the Secretary 
                                has not established a predetermined fee 
                                under subclause (I), (II), or (III).
                    ``(C) Calculation of fees for specialized 
                recreational uses and large-group activities or 
                events.--The Secretary may, at the discretion of the 
                Secretary, establish and charge a fee for a special 
                recreation permit described in clause (i) or (ii) of 
                section 802(13)(A).
                    ``(D) Calculation of fees for single organized 
                group recreation activities or events, competitive 
                events, and certain recurring organized group 
                recreation activities.--If the Secretary elects to 
                charge a fee for a special recreation permit described 
                in section 802(13)(A)(iii), the Secretary shall charge 
                the recreation service provider, based on the election 
                of the recreation service provider--
                            ``(i) the applicable predetermined fee 
                        established under subparagraph (B); or
                            ``(ii) an amount equal to a percentage of, 
                        to be determined by the Secretary, but to not 
                        to exceed 5 percent of, adjusted gross receipts 
                        calculated under subparagraph (F).
                    ``(E) Calculation of fees for transitional permits 
                and long-term permits.--Subject to subparagraph (G), if 
                the Secretary elects to charge a fee for a special 
                recreation permit described in section 802(13)(A)(iv), 
                the Secretary shall charge the recreation service 
                provider, based on the election of the recreation 
                service provider--
                            ``(i) the applicable predetermined fee 
                        established under subparagraph (B); or
                            ``(ii) an amount equal to a percentage of, 
                        to be determined by the Secretary, but not to 
                        exceed 3 percent of, adjusted gross receipts 
                        calculated under subparagraph (F).
                    ``(F) Adjusted gross receipts.--For the purposes of 
                subparagraphs (D)(ii) and (E)(ii), the Secretary shall 
                calculate the adjusted gross receipts collected for 
                each trip or event authorized under a special 
                recreation permit, using either of the following 
                calculations, based on the election of the recreation 
                service provider:
                            ``(i) The sum of--
                                    ``(I) the product obtained by 
                                multiplying--
                                            ``(aa) the general amount 
                                        paid by participants of the 
                                        trip or event to the recreation 
                                        service provider for the 
                                        applicable trip or event 
                                        (excluding amounts related to 
                                        goods, souvenirs, merchandise, 
                                        gear, and additional food 
                                        provided or sold by the 
                                        recreation service provider); 
                                        and
                                            ``(bb) the quotient 
                                        obtained by dividing--

                                                    ``(AA) the number 
                                                of days of the trip or 
                                                event that occurred on 
                                                Federal recreational 
                                                lands and waters 
                                                covered by the special 
                                                recreation permit, 
                                                rounded to the nearest 
                                                whole day; by

                                                    ``(BB) the total 
                                                number of days of the 
                                                trip or event; and

                                    ``(II) the amount of any additional 
                                revenue received by the recreation 
                                service provider for an add-on activity 
                                or an optional excursion that occurred 
                                on the Federal recreational lands and 
                                waters covered by the special 
                                recreation permit.
                            ``(ii) The difference between--
                                    ``(I) the total cost paid by the 
                                participants of the trip or event for 
                                the trip or event to the recreation 
                                service provider, including any 
                                additional revenue received by the 
                                recreation service provider for an add-
                                on activity or an optional excursion 
                                that occurred on the Federal 
                                recreational lands and waters covered 
                                by the special recreation permit; and
                                    ``(II) the sum of--
                                            ``(aa) the amount of any 
                                        revenues from goods, souvenirs, 
                                        merchandise, gear, and 
                                        additional food provided or 
                                        sold by the recreation service 
                                        provider to the participants of 
                                        the applicable trip or event;
                                            ``(bb) the amount of any 
                                        costs or revenues from services 
                                        and activities provided or sold 
                                        by the recreation service 
                                        provider to the participants of 
                                        the trip or event that occurred 
                                        in a location other than the 
                                        Federal recreational lands and 
                                        waters covered by the special 
                                        recreation permit (including 
                                        costs for travel and lodging 
                                        outside the Federal 
                                        recreational lands and waters 
                                        covered by the special 
                                        recreation permit); and
                                            ``(cc) the amount of any 
                                        revenues from any service 
                                        provided by a recreation 
                                        service provider for an 
                                        activity on Federal 
                                        recreational lands and waters 
                                        that is not covered by the 
                                        special recreation permit.
                    ``(G) Exception.--Notwithstanding subparagraph (E), 
                the Secretary may charge a recreation service provider 
                a minimum annual fee for a special recreation permit 
                described in section 802(13)(A)(iv).
                    ``(H) Savings clauses.--
                            ``(i) Effect.--Nothing in this paragraph 
                        affects any fee for--
                                    ``(I) a concession contract 
                                administered by the National Park 
                                Service for the provision of 
                                accommodations, facilities, or 
                                services; or
                                    ``(II) a commercial use 
                                authorization for use of Federal 
                                recreational lands and waters managed 
                                by the National Park Service.
                            ``(ii) Cost recovery.--Nothing in this 
                        paragraph affects the ability of the Secretary 
                        to recover any administrative costs under 
                        section 13 of the Simplifying Outdoor Access 
                        for Recreation Act.
                            ``(iii) Special recreation permit fees and 
                        other recreation fees.--The collection of a 
                        special recreation permit fee under this 
                        paragraph shall not affect the authority of the 
                        Secretary to collect an entrance fee, a 
                        standard amenity recreation fee, or an expanded 
                        amenity recreation fee authorized under 
                        subsections (e), (f), and (g).
            ``(3) Report and disclosure.--
                    ``(A) Report.--
                            ``(i) In general.--The Secretaries shall 
                        make available to recreation service providers 
                        and the public an annual report describing the 
                        use of fees collected by the Secretaries under 
                        paragraph (2).
                            ``(ii) Requirement.--The report under 
                        clause (i) shall include a description of how 
                        the fees are used by each Federal land 
                        management agency.
                    ``(B) Disclosure.--A recreation service provider 
                may inform customers of any fee charged by the 
                Secretary under this section.''.
    (d) Use of Special Recreation Permit Fee Revenue.--Section 808 of 
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is 
amended--
            (1) by striking ``this Act'' each place it appears and 
        inserting ``this title'';
            (2) in subsection (a)(3)--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking ``6(a) or a 
                visitor reservation service.'' and inserting ``806(a) 
                or a visitor reservation service;''; and
                    (C) by adding at the end the following:
                    ``(G) the processing of special recreation permit 
                applications and administration of special recreation 
                permits; and
                    ``(H) the improvement of the operation of the 
                special recreation permit program under section 
                803(h).''; and
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``section 5'' and 
                inserting ``section 805''; and
                    (B) in paragraph (2), by striking ``section 5'' and 
                inserting ``section 805''.
    (e) Permanent Authorization.--The Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6801 et seq.) is amended--
            (1) by striking section 810; and
            (2) by redesignating sections 811 through 815 as sections 
        810 through 814, respectively.

SEC. 4. PERMIT ADMINISTRATION.

    (a) Permit Availability.--
            (1) Notifications of permit availability.--
                    (A) In general.--Except as provided in subparagraph 
                (B), in an area of Federal recreational lands and 
                waters in which use by recreation service providers is 
                allocated, if the Secretary concerned has determined 
                that visitor-use days are available for allocation to 
                recreation service providers or holders of a commercial 
                use authorization for outfitting and guiding, the 
                Secretary concerned shall publish the information on 
                the website of the agency that administers the 
                applicable area of Federal recreational lands and 
                waters.
                    (B) Effect.--Nothing in this paragraph--
                            (i) applies to--
                                    (I) the reissuance of an existing 
                                special recreation permit or commercial 
                                use authorization for outfitting and 
                                guiding; or
                                    (II) the issuance of a new special 
                                recreation permit or new commercial use 
                                authorization for outfitting and 
                                guiding issued to the purchaser of--
                                            (aa) a recreation service 
                                        provider that is the holder of 
                                        an existing special recreation 
                                        permit; or
                                            (bb) a holder of an 
                                        existing commercial use 
                                        authorization for outfitting 
                                        and guiding; or
                            (ii) creates a prerequisite to the issuance 
                        of a special recreation permit or commercial 
                        use authorization for outfitting and guiding or 
                        otherwise limits the authority of the Secretary 
                        concerned--
                                    (I) to issue a new special 
                                recreation permit or new commercial use 
                                authorization for outfitting and 
                                guiding; or
                                    (II) to add a new or additional use 
                                to an existing special recreation 
                                permit or an existing commercial use 
                                authorization for outfitting and 
                                guiding.
            (2) Updates.--The Secretary concerned shall ensure that 
        information published on the website under this subsection is 
        consistently updated to provide current and correct information 
        to the public.
            (3) Electronic mail notifications.--The Secretary concerned 
        shall establish a system by which potential applicants for 
        special recreation permits or commercial use authorizations for 
        outfitting and guiding may subscribe to receive notification by 
        electronic mail of the availability of special recreation 
        permits under subsection (h)(1) of section 803 of the Federal 
        Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended 
        by section 3(c)(3) or commercial use authorizations for 
        outfitting and guiding.
    (b) Permit Application or Proposal Acknowledgments.--
            (1) In general.--Not later than 60 days after the date on 
        which the Secretary concerned receives a completed application 
        or a complete proposal for a special recreation permit under 
        subsection (h)(1) of section 803 of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6802) (as amended by 
        section 3(c)(3)), the Secretary concerned shall--
                    (A) provide to the applicant notice acknowledging 
                receipt of the application or proposal; and
                    (B)(i) issue a final decision with respect to the 
                application or proposal; or
                    (ii) provide to the applicant notice of a projected 
                date for a final decision on the application or 
                proposal.
            (2) Effect.--Nothing in this subsection applies to a 
        concession contract issued by the National Park Service for the 
        provision of accommodations, facilities, or services.

SEC. 5. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT TRANSITIONAL 
              SPECIAL RECREATION PERMITS FOR OUTFITTING AND GUIDING.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary concerned shall implement a program to 
authorize the issuance of transitional special recreation permits for a 
new or additional reoccurring outfitting, guiding, or other recreation 
service, as determined by the Secretary concerned, on Federal 
recreational lands and waters managed by the Chief of the Forest 
Service or the Director of the Bureau of Land Management.
    (b) Term of Transitional Permits for Outfitting and Guiding.--A 
transitional special recreation permit issued under subsection (a) 
shall be issued for a term of 2 years.
    (c) Issuance of Long-Term Permits for Outfitting and Guiding.--
            (1) In general.--On the request of a recreation service 
        provider that holds a transitional special recreation permit 
        under the program implemented under subsection (a), the 
        Secretary concerned shall provide for the issuance of a long-
        term special recreation permit for outfitting and guiding to 
        replace the transitional special recreation permit if the 
        Secretary concerned determines that the recreation service 
        provider--
                    (A) has held not less than 2 transitional special 
                recreation permits or similar permits issued under--
                            (i) the program implemented under 
                        subsection (a); or
                            (ii) any other program to issue similar 
                        special recreation permits in existence before 
                        the date of enactment of this Act;
                    (B) during the 3-year period preceding the request, 
                has not been determined to have a performance that is 
                less than satisfactory, as determined under the 
                monitoring process described in section 7(a), for any 
                transitional special recreation permits or similar 
                special recreation permits issued by the Secretary 
                concerned, including the transitional special 
                recreation permit proposed to be replaced, for the 
                respective unit of Federal recreational lands and 
                waters; and
                    (C) notwithstanding section 7(b)(3), has used not 
                less than 50 percent of the visitor-use days allocated 
                to the recreation service provider under the 
                transitional special recreation permit.
            (2) Term.--The term of a long-term special recreation 
        permit under this subsection issued to replace a transitional 
        special recreation permit under paragraph (1) shall be for a 
        period of 5 or 10 years, as determined to be appropriate by the 
        Secretary concerned.
            (3) Visitor-use day allocations.--In replacing a 
        transitional special recreation permit under paragraph (1) with 
        a long-term special recreation permit for outfitting and 
        guiding, the Secretary concerned may, at the discretion of the 
        Secretary concerned, increase the number of visitor-use days 
        allocated to the recreation service provider under the long-
        term special recreation permit for outfitting and guiding.
    (d) Effect.--Nothing in this section alters or affects the 
authority of the Secretary concerned to issue a special recreation 
permit under subsection (h)(1) of section 803 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by section 
3(c)(3)).

SEC. 6. SURRENDER OF UNUSED VISITOR-USE DAYS.

    (a) In General.--A recreation service provider holding a special 
recreation permit described in paragraph (13)(A)(iv) of section 802 of 
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as 
amended by section 3(b)(10)) may--
            (1) notify the Secretary concerned of an inability to use 
        visitor-use days annually allocated to the recreation service 
        provider under the special recreation permit; and
            (2) surrender to the Secretary concerned the unused 
        visitor-use days for the applicable year for temporary 
        reassignment under section 8(b).
    (b) Determination.--To ensure a recreation service provider 
described in subsection (a) is able to make an informed decision before 
surrendering any unused visitor-use day under subsection (a)(2), the 
Secretary concerned shall, on the request of the applicable recreation 
service provider, determine and notify the recreation service provider 
whether the unused visitor-use day meets the requirement described in 
section 7(b)(3)(B) before the recreation service provider surrenders 
the unused visitor-use day.

SEC. 7. REVIEWS FOR TRANSITIONAL PERMITS AND LONG-TERM PERMITS.

    (a) Monitoring.--The Secretary concerned shall monitor for 
compliance a recreation service provider--
            (1) annually, in the case of a transitional special 
        recreation permit for outfitting and guiding issued under 
        section 5;
            (2) once every 2 years, in the case of a special recreation 
        permit described in paragraph (13)(A)(iv)(I) of section 802 of 
        the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) 
        (as amended by section 3(b)(10)) that is issued for a term of 
        10 years;
            (3) in the case of a special recreation permit replaced 
        under section 5 with a long-term special recreation permit for 
        outfitting and guiding with a term of 10 years, during each of 
        the 4th, 6th, 8th, and 10th years in which the long-term 
        special recreation permit is in effect; and
            (4) in the case of a special recreation permit replaced 
        under section 5 with a long-term special recreation permit for 
        outfitting and guiding with a term of 5 years, during each of 
        the 4th and 5th years in which the special recreation permit is 
        in effect.
    (b) Use-of-Allocation Reviews.--
            (1) In general.--If the Secretary of Agriculture, acting 
        through the Chief of the Forest Service, or the Secretary, as 
        applicable, allocates visitor-use days among special recreation 
        permits for outfitting and guiding, the Secretary of 
        Agriculture, acting through the Chief of the Forest Service, 
        shall, and the Secretary may, review the use by the recreation 
        service provider of the visitor-use days allocated--
                    (A) under a transitional special recreation permit 
                issued under section 5, not later than 90 days before 
                the date on which the transitional special recreation 
                permit expires; and
                    (B) under a long-term special recreation permit 
                described in paragraph (13)(A)(iv)(I) of section 802 of 
                the Federal Lands Recreation Enhancement Act (16 U.S.C. 
                6801) (as amended by section 3(b)(10)), once every 5 
                years.
            (2) Requirements of the review.--In conducting a review 
        under paragraph (1), the Secretary of Agriculture, acting 
        through the Chief of the Forest Service, or the Secretary, as 
        applicable, shall determine--
                    (A) the number of visitor-use days that the 
                recreation service provider has used each year under 
                the transitional special recreation permit or the 
                special recreation permit, in accordance with paragraph 
                (3); and
                    (B) of the years identified under subparagraph (A), 
                the year in which the recreation service provider used 
                the most visitor-use days.
            (3) Consideration of surrendered, unused visitor-use 
        days.--For the purposes of determining the number of visitor-
        use days a recreation service provider has used in a specified 
        year under paragraph (2)(A), the Secretary of Agriculture, 
        acting through the Chief of the Forest Service, and the 
        Secretary, as applicable, shall consider an unused visitor-use 
        day that has been surrendered under section 6(a)(2) as--
                    (A) \1/2\ of a visitor-use day used; or
                    (B) 1 visitor-use day used, if the Secretary of 
                Agriculture, acting through the Chief of the Forest 
                Service, or the Secretary, as applicable, determines 
                the use of the allocated visitor-use day had been or 
                will be prevented by a circumstance beyond the control 
                of the recreation service provider.

SEC. 8. ADJUSTMENT OF ALLOCATED VISITOR-USE DAYS.

    (a) Adjustments Following Use of Allocation Reviews.--On the 
completion of a use-of-allocation review of a special recreation permit 
described in paragraph (13)(A)(iv)(I) of section 802 of the Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by 
section 3(b)(10)) conducted under section 7(b), the Secretary of 
Agriculture, acting through the Chief of the Forest Service, or the 
Secretary, as applicable, shall adjust the number of visitor-use days 
allocated to a recreation service provider under the special recreation 
permit as follows:
            (1) If the Secretary concerned determines that the 
        performance of the recreation service provider was satisfactory 
        during the most recent review conducted under subsection (a) of 
        section 7, the annual number of visitor-use days allocated for 
        each remaining year of the permit shall be equal to 125 percent 
        of the number of visitor-use days used, as determined under 
        subsection (b)(2)(A) of that section, during the year 
        identified under subsection (b)(2)(B) of that section, not to 
        exceed the level allocated to the recreation service provider 
        on the date on which the special recreation permit was issued.
            (2) If the Secretary concerned determines the performance 
        of the recreation service provider is less than satisfactory 
        during the most recent performance review conducted under 
        subsection (a) of section 7, the annual number of visitor-use 
        days allocated for each remaining year of the special 
        recreation permit shall be equal to not more than 100 percent 
        of the number of visitor-use days used, as determined under 
        subsection (b)(2)(A) of that section during the year identified 
        under subsection (b)(2)(B) of that section.
    (b) Temporary Reassignment of Unused Visitor-use Days.--The 
Secretary concerned may temporarily assign unused visitor-use days, 
made available under section 6(a)(2) to--
            (1) any other existing or potential recreation service 
        provider, notwithstanding the number of visitor-use days 
        allocated to the special recreation permit holder under the 
        special recreation permit held or to be held by the recreation 
        service provider; or
            (2) any existing or potential holder of a special 
        recreation permit described in clause (i) or (iii) of paragraph 
        (13)(A) of section 802 of the Federal Lands Recreation 
        Enhancement Act (16 U.S.C. 6801) (as amended by section 
        3(b)(10)), including the public.
    (c) Additional Capacity.--If unallocated visitor-use days are 
available, the Secretary concerned may, at any time, amend a special 
recreation permit to allocate additional visitor-use days to a 
qualified recreation service provider.

SEC. 9. PERMITTING PROCESS IMPROVEMENTS.

    (a) In General.--To simplify the process of the issuance and 
reissuance of special recreation permits and reduce the cost of 
administering special recreation permits under subsection (h) of 
section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
6802) (as amended by section 3(c)(3)), the Secretaries shall--
            (1) during the period beginning on January 1, 2021, and 
        ending on January 1, 2025--
                    (A) evaluate the process for issuing special 
                recreation permits; and
                    (B) based on the evaluation under subparagraph (A), 
                identify opportunities--
                            (i) to eliminate duplicative processes with 
                        respect to issuing special recreation permits;
                            (ii) to reduce costs for the issuance of 
                        special recreation permits;
                            (iii) to decrease processing times for 
                        special recreation permits; and
                            (iv) to issue simplified special recreation 
                        permits, including special recreation permits 
                        for an organized group recreation activity or 
                        event under subsection (e); and
            (2) not later than 1 year after the date on which the 
        Secretaries complete the evaluation and identification 
        processes under paragraph (1), revise, as necessary, relevant 
        agency regulations and guidance documents, including 
        regulations and guidance documents relating to the 
        environmental review process, for special recreation permits to 
        implement the improvements identified under paragraph (1)(B).
    (b) Environmental Reviews.--
            (1) In general.--The Secretary concerned shall, to the 
        maximum extent practicable, utilize available tools, including 
        tiering to existing programmatic reviews, as appropriate, to 
        facilitate an effective and efficient environmental review 
        process for activities undertaken by the Secretary concerned 
        relating to the issuance of special recreation permits.
            (2) Categorical exclusions.--Not later than 1 year after 
        the date of enactment of this Act, the Secretary concerned 
        shall--
                    (A) evaluate--
                            (i) whether existing categorical exclusions 
                        available to the Secretary concerned on the 
                        date of enactment of this Act are consistent 
                        with the provisions of this Act; and
                            (ii) whether a modification of an existing 
                        categorical exclusion or the establishment of 1 
                        or more new categorical exclusions developed in 
                        compliance with the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.) is 
                        necessary to undertake an activity described in 
                        paragraph (1) in a manner consistent with the 
                        authorities and requirements in this Act; and
                    (B) revise relevant agency regulations and policy 
                statements, as necessary, to modify existing 
                categorical exclusions or incorporate new categorical 
                exclusions based on the evaluation conducted under 
                subparagraph (A).
    (c) Needs Assessments.--Except as required under subsection (c) or 
(d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary 
concerned shall not conduct a needs assessment as a condition of 
issuing a special recreation permit under subsection (h) of section 803 
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as 
amended by section 3(c)(3)).
    (d) Online Applications.--Using funds made available to the 
Secretaries, not later than 3 years after the date of enactment of this 
Act, the Secretaries shall make the application for a special 
recreation permit under subsection (h) of section 803 of the Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by 
section 3(c)(3)), including a reissuance of a special recreation permit 
under that section, available for completion and submission--
            (1) online;
            (2) by mail or electronic mail; and
            (3) in person at the field office for the applicable 
        Federal recreational lands and waters.
    (e) Special Recreation Permits for an Organized Group Recreation 
Activity or Event.--
            (1) Definitions.--In this subsection:
                    (A) Special recreation permit for an organized 
                group recreation activity or event.--The term ``special 
                recreation permit for an organized group recreation 
                activity or event'' means a special recreation permit 
                described in subclause (I) or (III) of paragraph 
                (13)(A)(iii) of section 802 of the Federal Lands 
                Recreation Enhancement Act (16 U.S.C. 6801) (as amended 
                by section 3(b)(10)).
                    (B) Youth group.--The term ``youth group'' means a 
                recreation service provider that predominantly serves 
                individuals not older than 25 years of age.
            (2) Exemption from certain allocations of use.--If the 
        Secretary concerned allocates visitor-use days available for an 
        area or activity on Federal recreational lands and waters among 
        recreation service providers that hold a permit described in 
        paragraph (13)(A)(iv) of section 802 of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6801) (as amended by 
        section 3(b)(10)), a special recreation permit for an organized 
        group recreation activity or event shall not be subject to that 
        allocation of visitor-use days.
            (3) Issuance.--In accordance with paragraphs (5) and (6), 
        if use by the general public is not subject to a limited entry 
        permit system and if capacity is available for the times or 
        days in which the proposed activity or event would be 
        undertaken, on request of a recreation service provider 
        (including a youth group) to conduct an organized group 
        recreation activity or event described in subclause (I) or 
        (III) of paragraph (13)(A)(iii) of section 802 of the Federal 
        Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended 
        by section 3(b)(10)), the Secretary concerned--
                    (A) shall make a nominal effects determination to 
                determine whether the proposed activity or event would 
                have more than nominal effects on Federal recreational 
                lands and waters, resources, and programs; and
                    (B)(i) shall not require a recreation service 
                provider (including a youth group) to obtain a special 
                recreation permit for an organized group recreation 
                activity or event if the Secretary concerned 
                determines--
                            (I) the proposed activity or event to be 
                        undertaken would have only nominal effects on 
                        Federal recreational lands and waters, 
                        resources, and programs; and
                            (II) establishing additional terms and 
                        conditions for the proposed activity or event 
                        is not necessary to protect or avoid conflict 
                        on or with Federal recreational lands and 
                        waters, resources, and programs;
                    (ii) in the case of an organized group recreation 
                activity or event described in subclause (I) of that 
                paragraph, may issue to a recreation service provider 
                (including a youth group) a special recreation permit 
                for an organized group recreation activity or event, 
                subject to any terms and conditions as are determined 
                to be appropriate by the Secretary concerned, if the 
                Secretary concerned determines--
                            (I) the proposed activity or event to be 
                        undertaken would have only nominal effects on 
                        Federal recreational lands and waters, 
                        resources, and programs; and
                            (II) establishing additional terms and 
                        conditions for the proposed activity or event 
                        is necessary to protect or avoid conflict on or 
                        with Federal recreational lands and waters, 
                        resources, and programs;
                    (iii) in the case of an organized group recreation 
                activity or event described in subclause (III) of that 
                paragraph, shall issue to a recreation service provider 
                (including a youth group) a special recreation permit 
                for an organized group recreation activity or event, 
                subject to such terms and conditions determined to be 
                appropriate by the Secretary concerned, if the 
                Secretary concerned determines--
                            (I) the proposed activity or event to be 
                        undertaken would have only nominal effects on 
                        Federal recreational lands and waters, 
                        resources, and programs; and
                            (II) establishing additional terms and 
                        conditions for the proposed activity or event 
                        is necessary to protect or avoid conflict on or 
                        with Federal recreational lands and waters, 
                        resources, and programs; and
                    (iv) may issue to a recreation service provider 
                (including a youth group) a special recreation permit 
                for an organized group recreation activity or event, 
                subject to any terms and conditions determined to be 
                appropriate by the Secretary concerned, if the 
                Secretary concerned determines--
                            (I) the proposed activity or event to be 
                        undertaken may have more than nominal effects 
                        on Federal recreational lands and waters, 
                        resources, and programs; and
                            (II) establishing additional terms and 
                        conditions for the proposed activity or event 
                        would be necessary to protect or avoid conflict 
                        on or with Federal recreational lands and 
                        waters, resources, and programs.
            (4) Fees.--The Secretary concerned may elect not to charge 
        a fee to a recreation service provider (including a youth 
        group) for a special recreation permit for an organized group 
        recreation activity or event.
            (5) Savings clause.--Nothing in this subsection prevents 
        the Secretary concerned from limiting or abating the allowance 
        of a proposed activity or event under paragraph (3)(B)(i) or 
        the issuance of a special recreation permit for an organized 
        group recreation activity or event, based on resource 
        conditions, administrative burdens, or safety issues.
            (6) Qualifications.--A special recreation permit for an 
        organized group recreation activity or event issued under 
        paragraph (3) shall be subject to the health and safety 
        standards required by the Secretary concerned for a permit 
        issued under paragraph (13)(A)(iv) of section 802 of the 
        Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as 
        amended by section 3(b)(10)).

SEC. 10. SERVICE FIRST INITIATIVE AND MULTIJURISDICTIONAL TRIPS.

    (a) Repeal.--Section 330 of the Department of the Interior and 
Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), is 
repealed.
    (b) Cooperative Action and Sharing of Resources by the Secretaries 
of the Interior and Agriculture.--
            (1) In general.--For fiscal year 2012 and each fiscal year 
        thereafter, the Secretaries, subject to annual review of 
        Congress, may carry out an initiative, to be known as the 
        ``Service First Initiative'', under which the Secretaries and 
        agencies and bureaus within the Department of the Interior and 
        the Department of Agriculture--
                    (A) may establish programs to conduct projects, 
                planning, permitting, leasing, contracting, and other 
                activities, either jointly or on behalf of one another;
                    (B) may co-locate in Federal offices and facilities 
                leased by an agency of the Department of the Interior 
                or the Department of Agriculture; and
                    (C) may issue special rules to test the feasibility 
                of issuing unified permits, applications, and leases.
            (2) Delegations of authority.--The Secretaries may make 
        reciprocal delegations of the respective authorities, duties, 
        and responsibilities of the Secretaries in support of the 
        Service First Initiative agency-wide to promote customer 
        service and efficiency.
            (3) Effect.--Nothing in this section alters, expands, or 
        limits the applicability of any law (including regulations) to 
        land administered by the Bureau of Land Management, National 
        Park Service, United States Fish and Wildlife Service, or the 
        Forest Service or matters under the jurisdiction of any other 
        bureaus or offices of the Department of the Interior or the 
        Department of Agriculture, as applicable.
            (4) Transfers of funding.--To facilitate the sharing of 
        resources under the Service First Initiative, the Secretaries 
        may make transfers of funds and reimbursements of funds on an 
        annual basis, including transfers and reimbursements for multi-
        year projects, subject to the limitation that this authority 
        may not be used to circumvent requirements and limitations 
        imposed on the use of Federal funds.
    (c) Pilot Program for Special Recreation Permits for 
Multijurisdictional Trips.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretaries shall establish a pilot 
        program to offer to a person seeking an authorization for a 
        multijurisdictional trip a single joint special recreation 
        permit or commercial use authorization that authorizes the use 
        of each unit of Federal recreational lands and waters on which 
        the multijurisdictional trip occurs, subject to the authorities 
        that apply to the applicable unit of Federal recreational lands 
        and waters.
            (2) Minimum number of permits.--Not later than 4 years 
        after the date of enactment of this Act, the Secretaries shall 
        issue not fewer than 10 single joint special recreation permits 
        described in paragraph (13)(A)(iv) of section 802 of the 
        Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as 
        amended by section 3(b)(10)) or commercial use authorizations 
        under the pilot program established under paragraph (1).
            (3) Lead agencies.--In carrying out the pilot program 
        established under paragraph (1), the Secretaries shall--
                    (A) designate a lead agency for issuing and 
                administering a single joint special recreation permit 
                or commercial use authorization; and
                    (B) select not fewer than 4 offices at which a 
                person shall be able to apply for a single joint 
                special recreation permit or commercial use 
                authorization, of which--
                            (i) not fewer than 2 offices are managed by 
                        the Secretary; and
                            (ii) not fewer than 2 offices are managed 
                        by the Secretary of Agriculture, acting through 
                        the Chief of the Forest Service.
            (4) Retention of authority by the applicable secretary.--
        Each of the Secretaries shall retain the authority to enforce 
        the terms, stipulations, conditions, and agreements in a single 
        joint special recreation permit or commercial use authorization 
        issued under the pilot program established under paragraph (1) 
        that apply specifically to the use occurring on the Federal 
        recreational lands and waters managed by the applicable 
        Secretary, under the authorities that apply to the applicable 
        Federal recreational lands and waters.
            (5) Option to apply for separate special recreation permits 
        or commercial use authorizations.--A person seeking an 
        authorization for a multijurisdictional trip may apply for--
                    (A) a separate special recreation permit or 
                commercial use authorization for the use of each unit 
                of Federal recreational lands and waters on which the 
                multijurisdictional trip occurs; or
                    (B) a single joint special recreational permit or 
                commercial use authorization made available under the 
                pilot program established under paragraph (1).
            (6) Effect.--Nothing in this subsection applies to a 
        concession contract issued by the National Park Service for the 
        provision of accommodations, facilities, or services.

SEC. 11. PERMIT FLEXIBILITY.

    (a) In General.--The Secretary concerned shall establish guidelines 
to allow a holder of a special recreation permit under subsection (h) 
of section 803 of the Federal Lands Recreation Enhancement Act (16 
U.S.C. 6802) (as amended by section 3(c)(3)), on the approval of the 
Secretary concerned, to engage in another recreational activity under 
the special recreation permit that is substantially similar to the 
specific activity authorized under the special recreation permit.
    (b) Criteria.--For the purposes of this section, a recreational 
activity shall be considered to be a substantially similar recreational 
activity if the recreational activity--
            (1) is comparable in type, nature, scope, and ecological 
        setting to the specific activity authorized under the special 
        recreation permit;
            (2) does not result in a greater impact on natural and 
        cultural resources than the impact of the authorized activity;
            (3) does not adversely affect--
                    (A) any other holder of a special recreation permit 
                or other permit; or
                    (B) any other authorized use of the Federal 
                recreational lands and waters; and
            (4) is consistent with--
                    (A) any applicable laws (including regulations); 
                and
                    (B) the land management plan, resource management 
                plan, or equivalent plan applicable to the Federal 
                recreational lands and waters.
    (c) Effect.--Nothing in this section affects any authority of, 
regulation issued by, or decision of the Secretary concerned relating 
to the use of electric bicycles on Federal recreational lands and 
waters under any other Federal law.

SEC. 12. LIABILITY.

    (a) Insurance Requirements.--
            (1) In general.--Except as provided in paragraph (2), as a 
        condition of issuing a special recreation permit under 
        subsection (h)(1)(B) of section 803 of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6802) (as amended by 
        section 3(c)(3)) or a commercial use authorization, the 
        Secretary concerned may require the holder of the special 
        recreation permit or commercial use authorization to have a 
        commercial general liability insurance policy that--
                    (A) is commensurate with the level of risk of the 
                activities to be conducted under the special recreation 
                permit or commercial use authorization; and
                    (B) includes the United States as an additional 
                insured in an endorsement to the applicable policy.
            (2) Exception.--The Secretary concerned shall not require a 
        holder of a special recreation permit or commercial use 
        authorization for low-risk activities, as determined by the 
        Secretary concerned, including commemorative ceremonies and 
        participation by the public in a recreation activity or 
        recreation use of a specific area of Federal recreational lands 
        and waters in which use by the public is allocated, to comply 
        with the requirements of paragraph (1).
    (b) Indemnification by Governmental Entities.--The Secretary 
concerned shall not require a State, State agency, State institution, 
or political subdivision of a State to indemnify the United States for 
tort liability as a condition for issuing a special recreation permit 
or commercial use authorization to the extent the State, State agency, 
State institution, or political subdivision of a State is precluded by 
State law from providing indemnification to the United States for tort 
liability, if the State, State agency, State institution, or political 
subdivision of the State maintains the minimum amount of liability 
insurance coverage required by the Federal land management agency for 
the activities conducted under the special recreation permit or 
commercial use authorization in the form of--
            (1) a commercial general liability insurance policy, which 
        includes the United States as an additional insured in an 
        endorsement to the policy, if the State is authorized to obtain 
        commercial general liability insurance by State law;
            (2) self-insurance, which covers the United States as an 
        additional insured, if authorized by State law; or
            (3) a combination of the coverage described in paragraphs 
        (1) and (2).
    (c) Exculpatory Agreements.--
            (1) In general.--Except as provided in paragraph (2), a 
        Federal land management agency shall not implement, administer, 
        or enforce any regulation, guidance, or policy prohibiting the 
        use of an exculpatory agreement between a recreation service 
        provider or a holder of a commercial use authorization and a 
        customer relating to services provided under a special 
        recreation permit or a commercial use authorization.
            (2) Requirements.--Any exculpatory agreement used by a 
        recreation service provider or holder of a commercial use 
        authorization for an activity authorized under a special 
        recreation permit or commercial use authorization--
                    (A) shall shield the United States from any 
                liability, if otherwise allowable under Federal law; 
                and
                    (B) shall not waive any liability of the recreation 
                service provider or holder of the commercial use 
                authorization that may not be waived under the laws 
                (including common law) of the applicable State or for 
                gross negligence, recklessness, or willful misconduct.
            (3) Consistency.--Not later than 2 years after the date of 
        enactment of this Act, the Secretaries shall--
                    (A) review the policies of the Secretaries 
                pertaining to the use of exculpatory agreements by 
                recreation service providers and holders of commercial 
                use authorizations; and
                    (B) revise any policy described in subparagraph (A) 
                as necessary to make the policies of the Secretaries 
                pertaining to the use of exculpatory agreements by 
                recreation service providers and holders of commercial 
                use authorizations consistent with this subsection and 
                across all Federal recreational lands and waters.
    (d) Effect.--Nothing in this section applies to a concession 
contract issued by the National Park Service for the provision of 
accommodations, facilities, or services.

SEC. 13. COST RECOVERY REFORM.

    (a) Cost Recovery for Special Recreation Permits.--In addition to a 
fee collected under section 803 of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6802) or any other authorized fee collected 
by the Secretary concerned, the Secretary concerned may assess and 
collect a reasonable fee from an applicant for, and holder of, a 
special recreation permit to recover administrative costs incurred by 
the Secretary concerned for--
            (1) processing a proposal or application for the special 
        recreation permit;
            (2) issuing the special recreation permit; and
            (3) monitoring the special recreation permit to ensure 
        compliance with the terms and conditions of the special 
        recreation permit.
    (b) De Minimis Exemptions From Cost Recovery.--If the 
administrative costs described in subsection (a) are assessed on an 
hourly basis, the Secretary concerned shall--
            (1) establish an hourly de minimis threshold that exempts a 
        specified number of hours from the assessment and collection of 
        administrative costs described in subsection (a); and
            (2) charge an applicant only for any hours that exceed the 
        de minimis threshold.
    (c) Multiple Applications.--If the Secretary concerned collectively 
processes multiple applications for special recreation permits for the 
same or similar services in the same unit of Federal recreational lands 
and waters, the Secretary concerned shall, to the extent practicable--
            (1) assess from the applicants the fee described in 
        subsection (a) on a prorated basis; and
            (2) apply the requirement described in subsection (b) to 
        each applicant on an individual basis.
    (d) Limitation.--The Secretary concerned shall not assess or 
collect administrative costs under this section for a programmatic 
environmental review.

SEC. 14. EFFECT.

    Except as provided in sections 4(a), 10, and 12, nothing in this 
Act (including an amendment made by this Act) affects the authority or 
responsibility of the Secretary to award concessions contracts for the 
provision of accommodations, facilities, or services, or commercial use 
authorizations.
                                 &lt;all&gt;
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