IB 
Union Calendar No. 230 
115TH CONGRESS 
1ST SESSION 
H. R. 289 
[Report No. 115–320, Part I] 
To authorize the Secretary of the Interior and the Secretary of Agriculture 
to issue permits for recreation services on lands managed by Federal 
agencies, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2017 
Mr. LAMALFA introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on Agri-
culture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
SEPTEMBER 21, 2017 
Additional sponsors: Mrs. LOVE, Mr. MCCLINTOCK, Mr. NEWHOUSE, Mr. 
STEWART, Mr. VALADAO, Mr. MACARTHUR, Mr. O’HALLERAN, Mr. 
SIMPSON, Ms. CHENEY, and Mr. GRAVES of Louisiana 
SEPTEMBER 21, 2017 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 21, 2017 
The 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 January 4, 2017] 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
A BILL 
To authorize the Secretary of the Interior and the Secretary 
of Agriculture to issue permits for recreation services 
on lands managed by Federal agencies, and for other 
purposes. 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINI-
TIONS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Guides and Outfitters Act’’ or the ‘‘GO Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents; definitions. 
Sec. 2. Special recreation permit and fee. 
Sec. 3. Permit across multiple jurisdictions. 
Sec. 4. Guidelines and permit fee calculation. 
Sec. 5. Use of permit fees for permit administration. 
Sec. 6. Adjustment to permit use reviews. 
Sec. 7. Authorization of temporary permits for new uses for the Forest Service 
and BLM. 
Sec. 8. Indemnification requirements. 
Sec. 9. Streamlining of permitting process. 
Sec. 10. Cost recovery reform. 
Sec. 11. Extension of Forest Service recreation priority use permits. 
(c) DEFINITIONS.—In this Act: 
(1) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means— 
(A) the Secretary of the Interior, with re-
spect to a Federal land management agency 
(other than the Forest Service); and 
(B) the Secretary of Agriculture, with re-
spect to the Forest Service. 
(2) 
SECRETARIES.—The 
term 
‘‘Secretaries’’ 
means the Secretary of the Interior and the Secretary 
of Agriculture acting jointly. 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
SEC. 2. SPECIAL RECREATION PERMIT AND FEE. 
Subsection (h) of section 803 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6802) is amended 
to read as follows: 
‘‘(h) SPECIAL RECREATION PERMIT AND FEE.— 
‘‘(1) IN GENERAL.—The Secretary may— 
‘‘(A) issue a special recreation permit for 
Federal recreational lands and waters; and 
‘‘(B) charge a special recreation permit fee 
in connection with the issuance of the permit. 
‘‘(2) SPECIAL RECREATION PERMITS.—The Sec-
retary may issue special recreation permits in the fol-
lowing circumstances: 
‘‘(A) For specialized individual and group 
use of Federal facilities and Federal recreational 
lands and waters, such as, but not limited to, use 
of special areas or areas where use is allocated, 
motorized recreational vehicle use, and group ac-
tivities or events. 
‘‘(B) To recreation service providers who 
conduct outfitting, guiding, and other recreation 
services on Federal recreational lands and waters 
managed by the Forest Service, Bureau of Land 
Management, Bureau of Reclamation, or the 
United States Fish and Wildlife Service. 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(C) To recreation service providers who 
conduct recreation or competitive events, which 
may involve incidental sales on Federal rec-
reational lands and waters managed by the For-
est Service, Bureau of Land Management, Bu-
reau of Reclamation, or the United States Fish 
and Wildlife Service. 
‘‘(3) REDUCTION IN FEDERAL COSTS AND DUPLI-
CATION OF ANALYSIS.— 
‘‘(A) IN GENERAL.—The issuance of a new 
special recreation permit for activities under 
paragraph (2) shall be categorically excluded 
from further analysis and documentation under 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), if the proposed use is 
the same as or similar to a previously authorized 
use and the Secretary determines that such 
issuance does not have significant environmental 
effects based upon application of the extraor-
dinary circumstances procedures established by 
the Secretary under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(B) DEFINITION.—For the purposes of this 
paragraph, the term ‘similar’ means— 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
‘‘(i) substantially similar in type, na-
ture, and scope; and 
‘‘(ii) will not result in significant new 
impacts. 
‘‘(4) RELATION TO FEES FOR USE OF HIGHWAYS 
OR ROADS.—An entity that pays a special recreation 
permit fee shall not be subject to a road cost-sharing 
fee or a fee for the use of highways or roads that are 
open to private, noncommercial use within the bound-
aries of any Federal recreational lands or waters, as 
authorized under section 6 of Public Law 88–657 (16 
U.S.C. 537).’’. 
SEC. 3. PERMIT ACROSS MULTIPLE JURISDICTIONS. 
(a) IN GENERAL.—In the case of an activity requiring 
permits pursuant to subsection (h) of section 803 of the Fed-
eral Lands Recreation Enhancement Act (16 U.S.C. 6802) 
for use of lands managed by both the Forest Service and 
the Bureau of Land Management— 
(1) the Secretaries may issue a joint permit 
based upon a single application to both agencies when 
issuance of a joint permit based upon a single appli-
cation will lower processing and other administration 
costs for the permittee, provided that the permit ap-
plicant shall have the option to apply for separate 
permits rather than a joint permit; and 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
(2) the permit application required under para-
graph (1) shall be— 
(A) the application required by the lead 
agency; and 
(B) submitted to the lead agency. 
(b) REQUIREMENTS OF THE LEAD AGENCY.—The lead 
agency for a permit under subsection (a) shall— 
(1) coordinate with the associated agencies, con-
sistent with the authority of the Secretaries under sec-
tion 330 of the Department of the Interior and Re-
lated Agencies Appropriations Act, 2001 (43 U.S.C. 
1703), to develop and issue the single, joint permit 
that covers the entirety of the trip; 
(2) in processing the joint permit application, 
incorporate the findings, interests, and needs of the 
associated agencies, provided that such coordination 
shall not be subject to cost recovery; and 
(3) complete the permitting process within a rea-
sonable time after receiving the permit application. 
(c) EFFECT ON REGULATIONS.—Nothing in this sec-
tion shall alter, expand, or limit the applicability of any 
Federal law (including regulations) to lands administered 
by the relevant Federal agencies. 
(d) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
(1) ASSOCIATED AGENCY.—The term ‘‘associated 
agency’’ means an agency that manages the land on 
which the trip of the special recreation permit appli-
cant will enter after leaving the land managed by the 
lead agency. 
(2) LEAD
AGENCY.—The term ‘‘lead agency’’ 
means the agency that manages the land on which the 
trip of the special recreation permit applicant will 
begin. 
SEC. 4. GUIDELINES AND PERMIT FEE CALCULATION. 
(a) GUIDELINES AND EXCLUSION OF CERTAIN REVE-
NUES.—The Secretary shall— 
(1) publish guidelines in the Federal Register for 
establishing recreation permit fees; and 
(2) provide appropriate deductions from gross 
revenues used as the basis for the fees established 
under paragraph (1) for— 
(A) revenue from goods, services, and activi-
ties provided by a recreation service provider 
outside Federal recreational lands and waters, 
such as costs for transportation, lodging, and 
other services before or after a trip; and 
(B) fees to be paid by permit holder under 
applicable law to provide services on other Fed-
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
eral lands, if separate permits are issued to that 
permit holder for a single event or trip. 
(b) FEE CONDITIONS.—The fee charged by the Sec-
retary for a permit issued under section 803(h) of the Fed-
eral Lands Recreation Enhancement Act (16 U.S.C. 
6802(h)) shall not exceed 3 percent of the recreational serv-
ice provider’s annual gross revenue for activities authorized 
by the permit on Federal lands, plus applicable revenue ad-
ditions, minus applicable revenue exclusions or a similar 
flat per person fee. 
(c) DISCLOSURE OF FEES.—A holder of a special 
recreation permit may inform its customers of the various 
fees charged by the Secretary under section 803(h) of the 
Federal Lands Recreation Enhancement Act (16 U.S.C. 
6802(h)). 
SEC. 5. USE OF PERMIT FEES FOR PERMIT ADMINISTRA-
TION. 
(a) DEPOSITS.—Subject to subsection (b), revenues 
from special recreation permits issued to recreation service 
providers under subparagraphs (B) and (C) of section 
803(h)(2) of the Federal Lands Recreation Enhancement 
Act (16 U.S.C. 6802(h)(2)) shall be held in special accounts 
established for each specific unit or area for which such rev-
enues are collected, and shall remain available for expendi-
ture, without further appropriation, until expended. 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
(b) USE OF PERMIT FEES.—Revenues from special 
recreation permits issued to recreation service providers 
under subparagraphs (B) and (C) of section 803(h)(2) of 
the Federal Lands Recreation Enhancement Act (16 U.S.C. 
6802(h)(2)) shall be used only— 
(1) to partially offset the Secretary’s direct cost 
of administering the permits; 
(2) to improve and streamline the permitting 
process; and 
(3) for related recreation infrastructure and 
other purposes specifically to support recreation ac-
tivities at the specific site for which use is authorized 
under the permit, after obtaining input from any re-
lated permittees; provided, however, that the Federal 
Advisory Committee Act (5 U.S.C. App. 1 et seq.) 
shall not apply to any advisory committee or other 
group established to carry out this paragraph. 
(c) LIMITATION ON USE OF FEES.—The Secretary 
may not use any permit fees for biological monitoring on 
Federal recreational lands and waters under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.) for listed 
or candidate species. 
SEC. 6. ADJUSTMENT TO PERMIT USE REVIEWS. 
(a) IN GENERAL.—In reviewing and adjusting alloca-
tions of use for priority use permits for special uses of Fed-
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
eral recreational lands and waters managed by the Forest 
Service, and in renewing such permits, the Secretary of Ag-
riculture shall allocate to a permit holder a level of use that 
is no less than the highest amount of actual annual use 
over the reviewed period plus 25 percent, capped at the 
amount of use allocated when the permit was issued unless 
additional capacity is available. The Secretary may assign 
any use remaining after adjusting allocations on a tem-
porary basis to qualified permit holders. 
(b) WAIVER.—Use reviews under subsection (a) may 
be waived for periods in which circumstances that prevented 
use of assigned capacity, such as weather, fire, natural dis-
asters, wildlife displacement, business interruptions, insuf-
ficient availability of hunting and fishing licenses, or when 
allocations on permits include significant shoulder seasons. 
The authorizing office may approve non-use without reduc-
ing the number of service days assigned to the permit in 
such circumstances at the request of the permit holder. Ap-
proved non-use may be temporarily assigned to other quali-
fied permit holders when conditions warrant. 
SEC. 7. AUTHORIZATION OF TEMPORARY PERMITS FOR 
NEW USES FOR THE FOREST SERVICE AND 
BLM. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Agriculture and the Secretary 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
of the Interior shall establish and implement a program to 
authorize temporary permits for new recreational uses of 
Federal recreational lands and waters managed by the For-
est Service or the Bureau of Land Management, respec-
tively, and to provide for the conversions of such temporary 
permits to long-term permits after 2 years of satisfactory 
operation. The issuance and conversion of such permits 
shall be subject to subsection (h)(3) of section 803 of the 
Federal Lands Recreation Enhancement Act (16 U.S.C. 
6802). 
SEC. 8. INDEMNIFICATION REQUIREMENTS. 
(a) INDEMNIFICATION.—A permit holder that is pro-
hibited by the State from providing indemnification to the 
Federal Government shall be considered to be in compliance 
with indemnification requirements of the Department of the 
Interior and the Department of Agriculture if the permit 
holder carries the required minimum amount of liability 
insurance coverage or is self-insured for the same minimum 
amount. 
(b) EXCULPATORY AGREEMENTS.—The Secretary shall 
not implement, administer or enforce any regulation or pol-
icy prohibiting the use of exculpatory agreements between 
recreation service providers and their customers for services 
provided under a special recreation permit. 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
SEC. 9. STREAMLINING OF PERMITTING PROCESS. 
(a) REGULATIONS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Agri-
culture shall revise part 251, subpart B, of title 36 Code 
of Federal Regulations, and the Secretary of the Interior 
shall revise subpart 2932, of title 43, Code of Federal Regu-
lations, to streamline the processes for the issuance and re-
newal of outfitter and guide special use permits. Such 
amended regulations shall— 
(1) shorten application processing times and 
minimize application and administration costs; and 
(2) provide for the use of programmatic environ-
mental assessments and categorical exclusions for en-
vironmental reviews under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
the issuance or renewal of outfitter and guide and 
similar recreation special use permits when the Sec-
retary determines that such compliance is required, to 
the maximum extent allowable under applicable law, 
including, but not limited to, use of a categorical ex-
clusion as provided under section 803(h)(3) of the 
Federal Lands Recreation Enhancement Act (16 
U.S.C. 6802(h)(3)). 
(b) ONLINE APPLICATIONS.—To the maximum extent 
practicable, where feasible and efficient, the Secretary shall 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
make special recreation permit applications available to be 
filled out and submitted online. 
SEC. 10. COST RECOVERY REFORM. 
(a) REGULATORY PROCESS.—Not later than 180 days 
after the date of enactment of this Act, the Secretary of Ag-
riculture shall revise section 251.58 of title 36, Code of Fed-
eral Regulations, and the Secretary of the Interior shall re-
vise section 2932.31(e) and (f) of title 43, Code of Federal 
Regulations, to reduce costs and minimize the burden of cost 
recovery on small businesses and adverse impacts of cost 
recovery on jobs in the outfitting and guiding industry and 
on rural economies provided, however, that nothing in the 
revised regulations shall further limit the Secretary’s au-
thority to issue or renew recreation special use permits. 
(b) DE MINIMIS EXEMPTION.— 
(1) COST RECOVERY LIMITATION.—Any regula-
tions issued by the Secretary of the Interior or the 
Secretary of Agriculture to establish fees to recover 
processing costs for recreation special use applications 
and monitoring costs for recreation special use au-
thorizations shall include an exemption providing 
that at least the first 50 hours of work necessary in 
any one year to process and/or monitor such an ap-
plication shall not be subject to cost recovery. The ap-
plication of a 50-hour credit per permit shall also 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
(A) determine the share of the aggregate 
amount to be allocated to each application, on 
an equal or prorated basis, as appropriate; and 
(B) for each application, apply a separate 
exemption of up to 50 hours (or such other great-
er number of hours specified for exemption) to 
the share allocated to such application. 
(4) COST REDUCTION.—The agency processing a 
recreation special use application shall utilize exist-
ing studies and analysis to the greatest extent prac-
ticable in order to reduce the amount of work and cost 
necessary to process the application. 
(5) LIMITATION.—The Secretary of the Interior 
and the Secretary of Agriculture may not recover as 
processing costs for recreation special use applications 
and monitoring costs for recreation special use au-
thorizations any costs for consultations conducted 
under section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536) or for biological monitoring on 
Federal recreational lands and waters under such Act 
for listed, proposed, or candidate species. 
(6) WAIVER OF COST RECOVERY.—The Secretary 
of the Interior and the Secretary of Agriculture may 
waive the recovery of costs for processing recreation 
special use permit applications and renewals, on a 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
categorical or case-by-case basis as appropriate, if the 
Secretary determines that— 
(A) such costs would impose a significant 
economic burden on any small business or cat-
egory of small businesses; 
(B) such cost recovery could threaten the 
ability of an applicant or permittee to provide, 
in a particular area, a particular outdoor rec-
reational activity that is consistent with the pub-
lic interest and with applicable resource manage-
ment plans; or 
(C) prevailing economic conditions are un-
favorable, such as during economic recessions, or 
when drought, fire, or other natural disasters 
have depressed economic activity in the area of 
operation. 
SEC. 11. EXTENSION OF FOREST SERVICE RECREATION PRI-
ORITY USE PERMITS. 
Where the holder of a special use permit for outfitting 
and guiding that authorizes priority use has submitted a 
request for renewal of such permit in accordance with ap-
plicable laws and regulations, the Secretary of Agriculture 
shall have the authority to grant the holder one or more 
extensions of the existing permit for additional items not 
to exceed 5 years in the aggregate, as necessary to allow 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
the Secretary to complete the renewal process and to avoid 
the interruption of services under such permit. Before 
granting an extension under this section, the Secretary shall 
take all reasonable and appropriate steps to complete the 
renewal process before the expiration of the special use per-
mit. 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS
Union Calendar No. 230 
115TH CONGRESS 
1ST SESSION 
H. R. 289 
[Report No. 115–320, Part I] 
A BILL 
To authorize the Secretary of the Interior and the 
Secretary of Agriculture to issue permits for 
recreation services on lands managed by Federal 
agencies, and for other purposes. 
SEPTEMBER 21, 2017 
Reported from the Committee on Natural Resources with 
an amendment 
SEPTEMBER 21, 2017 
The Committee on Agriculture discharged; committed to 
the Committee of the Whole House on the State of the 
Union and ordered to be printed 
VerDate Sep 11 2014 
22:39 Sep 21, 2017
Jkt 069200
PO 00000
Frm 00020
Fmt 6651
Sfmt 6651
E:\BILLS\H289.RH
H289
asabaliauskas on DSKBBXCHB2PROD with BILLS