SEC. 106. PERMITS FOR MULTIJURISDICTIONAL TRIPS. 
(a) SINGLE
JOINT
SPECIAL
RECREATION
PER-
MITS.— 
(1) IN GENERAL.—In the case of a multijuris-
dictional trip, the Federal land management agen-
cies with jurisdiction over the multijurisdictional trip 
may offer to the applicant a single joint special 
recreation permit that authorizes the use of each 
Federal land unit under the jurisdiction of those 
Federal land management agencies. 
(2) LEAD AGENCY.—In offering a single joint 
special recreation permit under paragraph (1), the 
applicable Federal land management agencies shall 
designate a lead agency for administering the single 
joint special recreation permit based on the following 
considerations: 
(A) The length of the multijurisdictional 
trip and the relative portions of the multijuris-
dictional trip on each Federal land unit. 
(B) The congressional or administrative 
designations that apply to the areas to be used 
during the multijurisdictional trip and the de-
gree to which those designations impose limita-
tions on recreational use. 
(C) The relative ability of the Federal land 
management agencies with jurisdiction over the 
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multijurisdictional trip to respond to the single 
joint special recreation permit application in a 
timely manner. 
(D) Other relevant administrative consider-
ations. 
(3) APPLICATION.—An applicant desiring to be 
offered a single joint special recreation permit under 
paragraph (1) shall submit to the lead agency an ap-
plication, as required by the lead agency. 
(4) OPTION
TO
APPLY
FOR
SEPARATE
PER-
MITS.—An applicant for a special recreation permit 
for a multijurisdictional trip may apply to each ap-
plicable Federal land management agency for a sep-
arate permit for the portion of the multijuris-
dictional trip on the Federal land unit managed by 
each applicable Federal land management agency. 
(5) PROHIBITIONS.—Nothing in this section 
shall be construed to allow an activity that would 
otherwise be prohibited on the Federal land unit 
where the activity would take place. 
(b) REQUIREMENTS.—In issuing a single joint special 
recreation permit under subsection (a), the lead agency 
shall— 
(1) coordinate with each associated agency, con-
sistent with the authority of the Secretary concerned 
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under section 330 of the Department of the Interior 
and Related Agencies Appropriations Act, 2001 (43 
U.S.C. 1703), to develop and issue 1 joint permit 
that covers the entirety of the multijurisdictional 
trip; 
(2) in processing the joint special recreation 
permit application, incorporate the findings, inter-
ests, and needs of the associated agency; 
(3) in issuing the joint special recreation per-
mit, clearly identify the agencies that have the au-
thority to enforce the terms, stipulations, conditions 
and agreements of the joint special recreation per-
mit, as determined under subsection (d); and 
(4) complete the permitting process within a 
reasonable timeframe. 
(c) COST RECOVERY.—The coordination with the as-
sociated agency under subsection (b) shall not be subject 
to cost recovery. 
(d) ENFORCEMENT AUTHORITY.— 
(1) DELEGATION
OF
AUTHORITY
TO
LEAD 
AGENCY.—In administering a single joint special 
recreation permit under subsection (a), the associ-
ated agency shall delegate to the lead agency the au-
thority— 
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(A) to enforce the terms, stipulations, con-
ditions, and agreements of the joint special 
recreation permit, as may be required by the 
regulations of the Secretary of the associated 
agency; and 
(B) to suspend, terminate, or revoke the 
joint special recreation permit for— 
(i) noncompliance with Federal, State, 
or local laws and regulations; 
(ii) noncompliance with the terms of 
the joint special recreation permit; or 
(iii) failure of the holder of the joint 
special recreation permit to exercise the 
privileges granted by the joint special 
recreation permit. 
(2) RETENTION OF AUTHORITY BY THE ASSOCI-
ATED AGENCY.—The associated agency shall retain 
the authority to enforce the terms, stipulations, con-
ditions, and agreements in the joint special recre-
ation permit that apply specifically to the use occur-
ring on the Federal land unit managed by the asso-
ciated agency. 
(e) WITHDRAWAL.— 
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(1) IN GENERAL.—The lead agency or an asso-
ciated agency may withdraw from a joint special 
recreation permit at any time. 
(2) ISSUANCE OF SEPARATE PERMITS.— 
(A) IN GENERAL.—In the case of a with-
drawal by 1 or more agencies under paragraph 
(1), if the holder of the joint special recreation 
permit is in compliance with the requirements 
of the joint special recreation permit, the lead 
agency and each associated agency shall issue 
to the holder of the joint special recreation per-
mit a new, separate special recreation permit 
for any use occurring on the Federal land unit 
managed by the agency. 
(B) NO NEW APPLICATION.—The holder of 
a joint special recreation permit from which an 
agency has withdrawn under paragraph (1) 
shall not be required to submit a new applica-
tion for a separate special recreation permit 
under subparagraph (A). 
(f) TREATMENT OF FEDERAL LAND UNITS CHARG-
ING ENTRANCE FEES.—Entrance fees may still be col-
lected in addition to any special recreation permit fees for 
any trip that originates on, or outside of but passes 
through, a Federal lands unit that charges such fees. 
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SEC. 107. FOREST SERVICE PERMIT USE REVIEWS. 
(a) IN GENERAL.—If the Secretary of Agriculture 
(referred to in this section as the ‘‘Secretary’’) conducts 
a special recreation permit use review in renewing a spe-
cial recreation permit or adjusting allocations of use in 
a special recreation permit, the Secretary shall— 
(1) take into consideration the performance of 
the special recreation permit holder during the re-
viewed period; and 
(2) if the special recreation permit holder re-
ceives a satisfactory performance review, allocate to 
the special recreation permit holder the highest level 
of actual annual use during the period under review 
plus 25 percent of that use, not to exceed the level 
allocated to the special recreation permit holder on 
the date on which the special recreation permit was 
issued. 
(b) ADDITIONAL CAPACITY.— 
(1) IN GENERAL.—If additional use capacity is 
available the Secretary may, at any time, assign ad-
ditional use capacity to 1 or more qualified recre-
ation service providers. 
(2) ASSIGNMENT
NOT
SUBJECT
TO
CAP
ON 
USE.—Notwithstanding subsection (a), in assigning 
additional use capacity under paragraph (1), the 
Secretary may assign additional use capacity to an 
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existing special recreation permit holder even if that 
assignment would exceed the amount of use allo-
cated to the special recreation permit holder on the 
date on which the special recreation permit was 
issued. 
(c) WAIVER.—The Secretary may waive a special 
recreation permit use review for any period during which 
use of the assigned capacity has been prevented by a cir-
cumstance beyond the control of the special recreation per-
mit holder, such as— 
(1) unfavorable weather; 
(2) fire; 
(3) natural disaster; 
(4) wildlife displacement; 
(5) business interruption; 
(6) insufficient availability of hunting and fish-
ing licenses; or 
(7) significant seasonal variability or off-peak 
periods within the allocated period of use. 
(d) APPROVAL OF NON-USE.— 
(1) IN
GENERAL.—In any circumstance for 
which the holder of a special recreation permit would 
qualify for a waiver under subsection (c), on request 
of the holder of the special recreation permit, the 
Secretary may approve non-use by the holder of the 
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special recreation permit without reducing the num-
ber of service days assigned to the special recreation 
permit. 
(2) TEMPORARY REASSIGNMENT OF USE.—The 
Secretary may temporarily assign any period of non- 
use approved under paragraph (1) to any other ex-
isting or potential permittee. 
SEC. 108. LIABILITY. 
(a) EXCULPATORY AGREEMENTS.— 
(1) IN GENERAL.—A Federal land management 
agency shall not implement, administer, or enforce 
any regulation, guidance, or policy regarding the use 
of an exculpatory agreement between a special recre-
ation permit holder and a customer of the special 
recreation permit holder relating to services provided 
under a special recreation permit. 
(2) SAVINGS
CLAUSE.—Nothing in this sub-
section preempts, displaces, modifies, or eliminates 
any State law (including common law) regarding ex-
culpatory agreements. 
(b) INDEMNIFICATION
BY
GOVERNMENT
ENTI-
TIES.—The Secretary concerned may not require a recre-
ation service provider to indemnify the United States as 
a condition for issuing a special recreation permit for a 
Federal land unit under this section 803(h) of the Federal 
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Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) 
if— 
(1) the recreation service provider is prohibited 
by State or local law from providing indemnification 
to the United States; and 
(2) the recreation service provider— 
(A) carries the minimum amount of liabil-
ity insurance coverage required by the issuing 
agency for the activities conducted under the 
special recreation permit; or 
(B) is self-insured for the same amount. 
SEC. 109. COST RECOVERY REFORM. 
(a) REVISION OF REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
of Agriculture shall revise section 251.58 of title 36, 
Code of Federal Regulations, and the Secretary of 
the Interior shall revise subsections (e) and (f) of 
section 2932.31 of title 43, Code of Federal Regula-
tions, to be consistent with this section. 
(2) LIMITATION.—In carrying out paragraph 
(1), the Secretary of Agriculture and the Secretary 
of the Interior shall not include anything in the re-
vised regulations that would limit the authority of 
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the Secretary concerned to issue or renew special 
recreation permits. 
(b) DE MINIMIS EXEMPTION FROM COST RECOV-
ERY.— 
(1) IN GENERAL.—Any regulation promulgated 
by the Secretary of the Interior or the Secretary of 
Agriculture to establish fees to recover the costs of 
processing an application for a special recreation 
permit issued by the U.S. Forest Service or the Bu-
reau of Land Management, or for monitoring an au-
thorization under a special recreation permit issued 
by the Forest Service or the Bureau of Land Man-
agement, shall include an exemption providing that 
fees may not be recovered for not less than the first 
50 hours of work necessary in any 1 year to process 
the application or monitor the authorization. 
(2) MULTIPLE
APPLICATIONS.—In situations 
involving multiple applications for special recreation 
permits issued by the Forest Service or the Bureau 
of Land Management for similar services in the 
same Federal land unit or area that, in the aggre-
gate, require more hours to process than are exempt 
under the regulations promulgated under paragraph 
(1), the Secretary concerned shall, regardless of 
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whether the applications are solicited or unsolicited 
and whether there is competitive interest— 
(A) determine the share of the aggregate 
quantity of hours to be allocated to each appli-
cation on an equal or prorated basis, as appro-
priate; and 
(B) for each application, apply a separate 
exemption as specified in the regulations pro-
mulgated under paragraph (1) to the share of 
the aggregate hours allocated to the application. 
(c) COST REDUCTION.—To the maximum extent 
practicable, the agency processing an application for a spe-
cial recreation permit shall use existing studies and anal-
ysis to reduce the quantity of work and costs necessary 
to process the application. 
SEC. 110. EXTENSION OF SPECIAL RECREATION PERMITS. 
(a) IN GENERAL.—Subject to subsection (b), if the 
holder of a long-term special recreation permit makes a 
timely and sufficient request for renewal of the long-term 
special recreation permit, the expiration of the permit 
shall be tolled in accordance with the undesignated matter 
following section 558(c)(2) of title 5, United States Code, 
until such time as the request for renewal has been finally 
determined by the Secretary concerned. 
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(b) LIMITATION.—Any tolling under subsection (a) 
shall be for a period of not more than 5 years. 
(c) RESPONSIBILITY
OF
THE
SECRETARY
CON-
CERNED.—Before allowing the expiration of a permit to 
be tolled under subsection (a), the Secretary concerned, 
to the maximum extent practicable, shall complete the re-
newal process. 
SEC. 111. AVAILABILITY OF FEDERAL AND STATE RECRE-
ATION PASSES. 
(a) IN GENERAL.—The Federal Lands Recreation 
Enhancement Act is amended by inserting after section 
805 (16 U.S.C. 6804) the following: 
‘‘SEC. 805A. AVAILABILITY OF FEDERAL AND STATE RECRE-
ATION PASSES. 
‘‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘(1) IN GENERAL.—To improve the availability 
of Federal and State outdoor recreation passes, the 
Secretaries are encouraged to consult with States to 
coordinate the availability of Federal and State 
recreation passes to allow a purchaser to buy a Fed-
eral recreation pass and a State recreation pass in 
the same transaction. 
‘‘(2) INCLUDED
PASSES.—Passes covered by 
the program established under paragraph (1) in-
clude— 
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‘‘(A) an America the Beautiful—the Na-
tional Parks and Federal Recreational Lands 
Pass under section 805; and 
‘‘(B) any pass covering any fees charged 
by participating States and localities for en-
trance and recreational use of parks and public 
land in the participating States. 
‘‘(b) AGREEMENTS WITH STATES.— 
‘‘(1) IN GENERAL.—The Secretaries, after con-
sultation with the States, may enter into agreements 
with States to coordinate the availability of passes 
as described in subsection (a). 
‘‘(2) REVENUE FROM PASS SALES.—The agree-
ments between the Secretaries and the States shall 
ensure that— 
‘‘(A) funds from the sale of State passes 
are transferred to the appropriate State agency; 
‘‘(B) funds from the sale of Federal passes 
are transferred to the appropriate Federal 
agency; and 
‘‘(C) fund transfers are completed by the 
end of a fiscal year for all pass sales occurring 
during the fiscal year. 
‘‘(3) NOTICE.—In entering into an agreement 
under paragraph (1), the Secretaries shall publish in 
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the Federal Register a notice describing the agree-
ment.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Federal Lands Recreation Enhancement Act (16 
U.S.C. 6801 et seq.) is amended by inserting after the 
item relating to section 805 the following: 
‘‘Sec. 805A. Availability of Federal and State recreation passes.’’. 
SEC. 112. ONLINE PURCHASES OF AMERICA THE BEAU-
TIFUL—THE NATIONAL PARKS AND FEDERAL 
RECREATIONAL LANDS PASS. 
(a) IN GENERAL.—Section 805(a)(6) of the Federal 
Lands 
Recreation 
Enhancement 
Act 
(16 
U.S.C. 
6804(a)(6)) is amended by striking subparagraph (A) and 
inserting the following: 
‘‘(A) IN GENERAL.—The Secretaries shall 
sell the America the Beautiful—the National 
Parks and Federal Recreational Lands Pass— 
‘‘(i) at all Federal recreational lands 
and waters at which an entrance fee or a 
standard amenity recreation fee is charged 
where feasible to do so; 
‘‘(ii) at such other locations as the 
Secretaries consider appropriate and fea-
sible; and 
‘‘(iii) through the website of each of 
the Federal land management agencies and 
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the websites of the relevant units and 
subunits of those agencies, with— 
‘‘(I) a prominent link on each 
website; and 
‘‘(II) information about where 
and when passes are needed.’’. 
(b) ENTRANCE PASS AND AMENITY FEES.—The Sec-
retaries shall make available for payment online, if appro-
priate and feasible, for each Federal land unit where 
passes and fees are required— 
(1) all entrance fees under section 803(e) of the 
Federal Lands Recreation Enhancement Act (16 
U.S.C. 6802(e)); 
(2) all standard amenity recreation fees under 
section 803(f) of that Act (16 U.S.C. 6802(f)); and 
(3) all expanded amenity recreation fees under 
section 803(g) of that Act (16 U.S.C. 6802(g)). 
SEC. 113. SAVINGS PROVISION. 
Nothing in this Act, or in any amendment made by 
this Act, shall be construed as affecting the authority or 
responsibility of the Secretary of the Interior to award 
concessions contracts for the provision of accommodations, 
facilities, and services, or commercial use authorizations 
to provide services, to visitors to units of the National 
Park System pursuant to the National Park Service Con-
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cessions Management Improvement Act of 1998, except 
that sections 103(a), 103(b), 103(d), 104(a), 104(b), 106, 
108(a), and 108(b) of this Act shall also apply to commer-
cial use authorizations under that Act. 
TITLE II—MAKING RECREATION 
A PRIORITY 
SEC. 201. EXTENSION OF SEASONAL RECREATION OPPOR-
TUNITIES. 
(a) IN GENERAL.— 
(1) EXTENSION OF RECREATIONAL SEASON.— 
The relevant unit managers of Federal recreational 
lands and waters managed by the Forest Service, 
the Bureau of Land Management, and the National 
Park Service may— 
(A) identify areas of Federal recreational 
lands and waters in which recreation use is 
highly seasonal; 
(B) where appropriate, extend the recre-
ation season or increase recreation use in a sus-
tainable manner during the offseason; and 
(C) make information about extended sea-
son schedules and related recreational opportu-
nities available to the public and local commu-
nities. 
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(2) CLARIFICATION.—Nothing in this sub-
section precludes the Secretaries from providing for 
additional recreational opportunities and uses at 
times other than those referred to in paragraph (1). 
(b) INCLUSIONS.—An extension under subsection 
(a)(1) may include— 
(1) the addition of facilities that would increase 
recreation use during the offseason; and 
(2) improvement of access to the area to extend 
the season. 
(c) REQUIREMENT.—An extension under subsection 
(a)(1) shall be compatible with all applicable Federal laws, 
regulations, and policies, including land use plans. 
SEC. 202. RECREATION PERFORMANCE METRICS. 
(a) IN GENERAL.—The Chief of the Forest Service 
and the Director of the Bureau of Land Management shall 
evaluate land managers under their jurisdiction based on 
the achievement of applicable agency recreational and 
tourism metrics as described in applicable land manage-
ment plans. 
(b) METRICS.— 
(1) IN GENERAL.—The metrics used to evaluate 
recreation and tourism outcomes shall ensure— 
(A) the advancement of recreation and 
tourism goals; and 
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(B) the ability of the land manager to en-
hance the outdoor experience of the visitor. 
(2) INCLUSIONS.—The metrics referred to in 
paragraph (1) shall include— 
(A) the extent of positive economic im-
pacts; 
(B) visitation by families; 
(C) the number of visiting school and 
youth groups; 
(D) the number of available recreational 
opportunities; 
(E) the quality of visitor experience; 
(F) the number of recreational and envi-
ronmental educational programs offered; 
(G) visitor satisfaction; and 
(H) the maintenance and expansion of ex-
isting recreation infrastructure. 
TITLE III—MAINTENANCE OF 
PUBLIC LAND 
SEC. 301. PRIVATE-SECTOR VOLUNTEER ENHANCEMENT 
PROGRAM. 
(a) PURPOSE.—The purpose of this section is to pro-
mote private-sector volunteer programs within the Depart-
ment of the Interior and the Department of Agriculture 
to enhance stewardship, recreation access, and sustain-
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ability of the resources, values, and facilities of the Fed-
eral recreational lands and waters managed by the Federal 
land management agencies. 
(b) DEFINITIONS.—In this section: 
(1) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture (acting 
through the Chief of the Forest Service), with 
respect to National Forest System land; and 
(B) the Secretary of the Interior, with re-
spect to land managed by the Bureau of Land 
Management. 
(2) VOLUNTEER.—The term ‘‘volunteer’’ means 
any individual who performs volunteer services under 
this section. 
(c) ESTABLISHMENT.—The Secretary concerned 
shall carry out a program under which the Secretary con-
cerned shall— 
(1) enhance private-sector volunteer programs; 
(2) actively promote private-sector volunteer op-
portunities; and 
(3) provide outreach to, and coordinate with, 
the private sector for the purposes described in para-
graphs (1) and (2). 
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(d) COOPERATIVE AGREEMENTS FOR STEWARDSHIP 
OF FEDERAL LAND.— 
(1) AUTHORITY
TO
ENTER
INTO
AGREE-
MENTS.—The Secretary concerned may enter into 
cooperative agreements (in accordance with section 
6305 of title 31, United States Code) with private 
agencies, organizations, institutions, corporations, 
individuals, or other entities to carry out one or 
more projects or programs with a Federal land man-
agement agency in accordance with this section. 
(2) PROJECT AND PROGRAM INSTRUCTIONS.— 
The Secretary concerned shall include in the cooper-
ative agreement the desired outcomes of the project 
or program and the guidelines for the volunteers to 
follow, including— 
(A) the physical boundaries of the project 
or program; 
(B) the equipment the volunteers are au-
thorized to use to complete the project or pro-
gram; 
(C) the training the volunteers are re-
quired to complete, including agency consider-
ation and incorporation of training offered by 
qualified nongovernmental organizations and 
volunteer partner organizations; 
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(D) the actions the volunteers are author-
ized to take to complete the project or program; 
and 
(E) any other information that the Sec-
retary concerned determines necessary for the 
volunteer group to complete the project or pro-
gram. 
(3) AUTHORIZED PROJECTS AND PROGRAMS.— 
Subject to paragraph (4), the Secretary concerned 
may use a cooperative agreement to carry out 
projects and programs for Federal land that— 
(A) promote the stewardship of resources 
of Federal land by volunteers; 
(B) support maintaining the resources, 
trails, and facilities on Federal land in a sus-
tainable manner; 
(C) increase awareness, understanding, 
and stewardship of Federal land through the 
development, publication, or distribution of edu-
cational materials and products; and 
(D) promote the use of Federal land as 
outdoor classrooms. 
(4) CONDITIONS ON USE OF AUTHORITY.—The 
Secretary concerned may use a cooperative agree-
ment under paragraph (1) to carry out a project or 
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program for the Federal land only if the project or 
program— 
(A) complies with all Federal laws (includ-
ing regulations) and policies; 
(B) is consistent with an applicable man-
agement plan for any Federal recreational lands 
and waters involved; 
(C) is monitored by the relevant Federal 
land management agency during the project 
and after project completion to determine com-
pliance with the instructions under paragraph 
(2); and 
(D) satisfies such other terms and condi-
tions as the Secretary concerned determines to 
be appropriate. 
SEC. 302. ENHANCING OUTDOOR RECREATION THROUGH 
PUBLIC LANDS SERVICE ORGANIZATIONS. 
In carrying out projects on Federal recreational lands 
and waters that would directly or indirectly enhance recre-
ation, the Secretaries shall— 
(1) to the maximum extent practicable— 
(A) use qualified youth or conservation 
corps as defined in section 203(11) of the Pub-
lic Lands Corps Act of 1993 (16 U.S.C. 
1722(11)); and 
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(B) use non-profit wilderness and trails 
stewardship organizations; 
(2) enter into cooperative agreements with the 
Corps Network, the National Wilderness Steward-
ship Alliance, American Trails, other public lands 
stewardship organizations, outdoor recreation busi-
nesses, and outdoor recreation university programs, 
as appropriate, for the purpose of identifying appro-
priate projects, activities, and workforce development 
outcomes; and 
(3) waive any matching funds requirements, in-
cluding under section 212(a)(1) of the Public Lands 
Corps Act of 1993 (16 U.S.C. 1729(a)(1)). 
Æ 
VerDate Sep 11 2014 
23:53 Mar 23, 2023
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