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 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. 
‘‘(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 AND DU-
PLICATION 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 author-
ized use and the Secretary determines that such 
issuance does not have significant environ-
mental effects based upon application of the ex-
traordinary circumstances procedures estab-
lished by the Secretary under the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(B) DEFINITION.—For the purposes of 
this paragraph, the term ‘similar’ means—
‘‘(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 HIGH-
WAYS
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 boundaries 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 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 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, 
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. 
(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 gross 
revenues used as the basis for the fees 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 or trip. 
(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-
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. 
(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 ac-
counts established for each specific unit or area for which 
such revenues are collected, and shall remain available for
expenditure, without further appropriation, until ex-
pended. 
(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 author-
ized under the permit, after obtaining input from 
any related 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.—To the extent that the Secretary 
utilizes permit use reviews, in reviewing and adjusting al-
locations of use for permits for special uses of Federal rec-
reational lands and waters managed by the Forest Service, 
and in renewing such permits, the Secretary of Agriculture 
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 addi-
tional capacity is available. The Secretary may assign any 
use remaining after adjusting allocations on a temporary 
basis to qualified permit holders. 
(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, insufficient availability of hunting and fishing li-
censes, or 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 
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. 
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 
Agriculture shall revise part 251, subpart B, of title 36 
Code of Federal Regulations, and the Secretary of the In-
terior shall revise subpart 2932, of title 43, Code of Fed-
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 when the 
Secretary determines that such compliance is re-
quired, to the maximum extent allowable under ap-
plicable law, including, but not limited to, use of a 
categorical exclusion as provided under section
803(h)(3) of the Federal Lands Recreation En-
hancement Act (16 U.S.C. 6802(h)(3)). 
(b) ONLINE APPLICATIONS.—To the maximum ex-
tent practicable, where feasible and efficient, the Secretary 
shall 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 Agriculture shall revise section 251.58 of title 36, Code 
of Federal Regulations, and the Secretary of the Interior 
shall revise 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 guid-
ing industry and on rural economies provided, however, 
that nothing in the revised regulations shall further limit 
the Secretary’s authority to issue or renew recreation spe-
cial 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. 
(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 
(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— 
(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 
public interest and with applicable resource 
management 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 
PRIORITY 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 
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 permit. 
Passed the House of Representatives October 2, 
2017. 
Attest: 
Clerk.
115TH CONGRESS 
1ST SESSION 
H. R. 289 
AN ACT 
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.