I 
115TH CONGRESS 
1ST SESSION 
H. R. 289 
To authorize the Secretary of the Interior and the Secretary of Agriculture 
to issue permits for recreation services on lands managed by Federal 
agencies, and for other purposes. 
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 
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. 
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’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
(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 Sec-
retary of Agriculture acting jointly. 
SEC. 2. SPECIAL RECREATION PERMIT AND FEE. 
Subsection (h) of section 803 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6802) is amend-
ed 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. 
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‘‘(2) SPECIAL
RECREATION
PERMITS.—The 
Secretary may issue special recreation permits in the 
following circumstances: 
‘‘(A) For specialized individual and group 
use of Federal facilities and Federal rec-
reational lands and waters, such as, but not 
limited to, use of special areas or areas where 
use is allocated, motorized recreational vehicle 
use, and group activities or events. 
‘‘(B) To recreation service providers who 
conduct outfitting, guiding, and other recre-
ation services on Federal recreational lands and 
waters managed by the Forest Service, Bureau 
of Land Management, Bureau of Reclamation, 
or the United States Fish and Wildlife Service. 
‘‘(C) To recreation service providers who 
conduct recreation or competitive events, which 
may involve incidental sales on Federal 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.—To re-
duce Federal costs in administering this subsection, 
the issuance of a new special recreation permit for 
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activities under paragraph (2) that have been con-
sidered under previous analysis or that are similar 
to existing uses or are not inconsistent with ap-
proved uses shall qualify for categorical exclusions 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).’’. 
SEC. 3. PERMIT ACROSS MULTIPLE JURISDICTIONS. 
(a) IN GENERAL.—In the case of an activity requir-
ing permits pursuant to subsection (h) of section 803 of 
the Federal Lands Recreation Enhancement Act (16 
U.S.C. 6802) for use of lands managed by both the Forest 
Service and the Bureau of Land Management— 
(1) the Secretaries may issue a joint permit 
based upon a single application to both agencies 
when issuance of a joint permit based upon a single 
application will lower processing and other adminis-
tration costs for the permittee, provided that the 
permit applicant shall have the option to apply for 
separate permits rather than a joint permit; and 
(2) the permit application required under clause 
(i) shall be— 
(A) the application required by the lead 
agency; and 
(B) submitted to the lead agency. 
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(b) REQUIREMENTS OF THE LEAD AGENCY.—The 
lead agency for a permit under subsection (a) shall— 
(1) coordinate with the associated agencies, 
consistent with the authority of the Secretaries 
under section 330 of the Department of the Interior 
and Related Agencies Appropriations Act, 2001 (43 
U.S.C. 1703), to develop and issue the single, joint 
permit that covers the entirety of the trip; 
(2) in processing the joint permit application, 
incorporate the findings, interests, and needs of the 
associated agencies, provided that such coordination 
shall not be subject to cost recovery; and 
(3) complete the permitting process within a 
reasonable time after receiving the permit applica-
tion. 
(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: 
(1) ASSOCIATED AGENCY.—The term ‘‘associ-
ated agency’’ means an agency that manages the 
land on which the trip of the special recreation per-
mit applicant will enter after leaving the land man-
aged by the lead agency. 
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(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 REV-
ENUES.—The Secretary shall— 
(1) publish guidelines in the Federal Register 
for establishing recreation permit fees; and 
(2) provide appropriate deductions from the fee 
established under paragraph (1) for— 
(A) revenue from goods, services, and ac-
tivities 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-
eral lands, if separate permits are issued to 
that permit holder for a single event. 
(b) FEE CONDITIONS.—The fee charged by the Sec-
retary for a permit issued under section 803(h) of the 
Federal Lands Recreation Enhancement Act (16 U.S.C. 
6802(h)) shall not exceed 3 percent of the recreational 
service provider’s annual gross revenue for activities au-
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thorized by the permit on Federal lands, plus applicable 
revenue additions, minus applicable revenue exclusions or 
a similar flat per person fee. 
(c) DISCLOSURE OF FEES.—A holder of a special 
recreation permit may inform its customers of the various 
fees charged by the Secretary under section 803(h) of the 
Federal Lands Recreation Enhancement Act (16 U.S.C. 
6802(h)). 
SEC. 5. USE OF PERMIT FEES FOR PERMIT ADMINISTRA-
TION. 
Revenues from special recreation permits issued to 
recreation service providers under subparagraphs (B) and 
(C) of section 803(h)(1) of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6802(h)(1)) shall be used— 
(1) to partially offset the Secretary’s direct cost 
of administering the permits; and 
(2) to improve and streamline the permitting 
process. 
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 
Federal recreational lands and waters managed by the 
Forest Service, and in renewing such permits, the Sec-
retary of Agriculture shall allocate to a permit holder the 
highest amount of actual annual use over the reviewed pe-
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riod plus 25 percent, capped at the amount of use allo-
cated when the permit was issued unless additional capac-
ity is available. 
(b) WAIVER.—Use reviews under subsection (a) may 
be waived for periods in which circumstances that pre-
vented use of assigned capacity, such as weather, fire, nat-
ural disasters, wildlife displacement, business interrup-
tions, and when allocations on permits include significant 
shoulder seasons. The authorizing office may approve non- 
use without reducing the number of service days assigned 
to the permit in such circumstances at the request of the 
permit holder. Approved non-use may be temporarily as-
signed to other qualified 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 enact-
ment of this Act, the Secretary of Agriculture and the Sec-
retary of the Interior shall establish and implement a pro-
gram to authorize temporary permits for new recreational 
uses of Federal recreational lands and waters managed by 
the Forest Service or the Bureau of Land Management, 
respectively, and to provide for the conversions of such 
temporary permits to long-term permits after 2 years of 
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satisfactory operation. The issuance and conversion of 
such permits shall be subject to subsection (h)(3) of sec-
tion 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 compli-
ance with indemnification requirements of the Department 
of the Interior and the Department of Agriculture if the 
permit holder carries the required minimum amount of li-
ability insurance coverage or is self-insured for the same 
minimum amount. 
(b) EXCULPATORY AGREEMENTS.—The Secretary 
shall not implement, administer or enforce any regulation 
or policy prohibiting the use of exculpatory agreements be-
tween recreation service providers and their customers for 
services provided under a special recreation permit when 
such agreements are enforceable pursuant to the law of 
the State in which the permitted services are provided. 
SEC. 9. STREAMLINING OF PERMITTING PROCESS. 
(a) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretaries shall 
revise part 251, subpart B, of title 36 Code of Federal 
Regulations, and subpart 2932, of title 43, Code of Fed-
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eral Regulations to streamline the processes for the 
issuance and renewal of outfitter and guide special use 
permits. Such amended regulations shall— 
(1) shorten application processing times and 
minimize application and administration costs; and 
(2) provide for the use of programmatic envi-
ronmental assessments and categorical exclusions for 
environmental 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, to the 
maximum extent allowable under applicable law, in-
cluding, but not limited to, use of a categorical ex-
clusion for the issuance of a new special recreation 
permit for activities under paragraph (2)(B) of sub-
section (h) of section 803 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6802) that 
have been considered under previous analysis or that 
are similar to existing uses or are not inconsistent 
with approved uses. 
(b) ONLINE APPLICATIONS.—To the maximum ex-
tent practicable, where feasible and efficient, the Secre-
taries shall make special recreation permit applications 
available to be filled out and submitted online. 
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SEC. 10. COST RECOVERY REFORM. 
(a) REGULATORY PROCESS.—Not later than 180 
days after the date of enactment of this Act, the Secre-
taries shall revise section 251.58 of title 36, Code of Fed-
eral Regulations, and section 2932.31(e) and (f) of title 
43, Code of Federal Regulations, to reduce costs and mini-
mize 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 fur-
ther limit the Secretaries’ authority 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 applica-
tions and monitoring costs for recreation special use 
authorizations shall include an exemption providing 
that at least the first 50 hours of work necessary in 
any one year to process and/or monitor such an ap-
plication shall not be subject to cost recovery. The 
application of a 50-hour credit per permit shall also 
apply to any monitoring fees on a per annum basis 
during the term of each permit. 
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(2) APPLICATION OF EXEMPTION.—An exemp-
tion under paragraph (1) shall apply to the proc-
essing of each recreation special use permit applica-
tion and monitoring of each recreation special use 
authorization for which cost recovery is required, in-
cluding any application or authorization requiring 
more than 50 hours (or such other greater number 
of hours specified for exemption) to process or mon-
itor. In the event that the amount of work required 
to process such an application or monitor such an 
authorization exceeds the specified exemption, the 
amount of work for which cost recovery is required 
shall be reduced by the amount of the exemption. 
(3) MULTIPLE
APPLICATIONS.—In situations 
involving multiple recreation special use applications 
for similar services in the same unit or area that re-
quire more than 50 hours (or such other greater 
number of hours specified for exemption) in the ag-
gregate to process, the Secretary shall, regardless of 
whether the applications are solicited or unsolicited 
and whether there is competitive interest— 
(A) determine the share of the aggregate 
amount to be allocated to each application, on 
an equal or prorated basis, as appropriate; and 
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(B) for each application, apply a separate 
exemption of up to 50 hours (or such other 
greater number of hours specified for exemp-
tion) to the share allocated to such application. 
(4) COST REDUCTION.—The agency processing 
a recreation special use application shall utilize ex-
isting studies and analysis to the greatest extent 
practicable in order to reduce the amount of work 
and cost necessary to process the application. 
(5) LIMITATION.—The Secretary of the Interior 
and the Secretary of Agriculture may not recover as 
processing costs for recreation special use applica-
tions and monitoring costs for recreation special use 
authorizations any costs for consultations conducted 
under section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536) or for biological monitoring 
on Federal recreational lands and waters under such 
Act for listed, proposed, or candidate species. 
(6) WAIVER
OF
COST
RECOVERY.—The Sec-
retary of the Interior and the Secretary of Agri-
culture may waive the recovery of costs for proc-
essing recreation special use permit applications and 
renewals, on a categorical or case-by-case basis as 
appropriate, if the Secretary determines that— 
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