shall be subject to subsection (h)(3) of section 803 of the 
Federal Lands Recreation Enhancement Act (16 U.S.C. 
6802). 
SEC. 2108. 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. 
SEC. 2109. 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-
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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 
make special recreation permit applications available to be 
filled out and submitted online. 
SEC. 2110. 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-
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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 
apply to any monitoring fees on a per annum basis 
during the term of each permit. 
(2) APPLICATION OF EXEMPTION.—An exemption 
under paragraph (1) shall apply to the processing of 
each recreation special use permit application and 
monitoring of each recreation special use authoriza-
tion for which cost recovery is required, including 
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any application or authorization requiring more than 
50 hours (or such other greater number of hours speci-
fied for exemption) to process or monitor. 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 in-
volving 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 num-
ber of hours specified for exemption) in the aggregate 
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 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-
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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 
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-
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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. 2111. 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 per-
mit. 
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TITLE XXII—HUNTING AND REC-
REATIONAL FISHING WITHIN 
CERTAIN NATIONAL FORESTS 
SEC. 2201. DEFINITIONS. 
In this title: 
(1) HUNTING.—The term ‘‘hunting’’ means use 
of a firearm, bow, or other authorized means in the 
lawful pursuit, shooting, capture, collection, trapping, 
or killing of wildlife; attempt to pursue, shoot, cap-
ture, collect, trap, or kill wildlife; or the training and 
use of hunting dogs, including field trials. 
(2) RECREATIONAL
FISHING.—The term ‘‘rec-
reational fishing’’ means the lawful pursuit, capture, 
collection, or killing of fish; or attempt to capture, 
collect, or kill fish. 
(3) FOREST
PLAN.—The term ‘‘forest plan’’ 
means a land and resource management plan pre-
pared by the Forest Service for a unit of the National 
Forest System pursuant to section 6 of the Forest and 
Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1604). 
(4) NATIONAL FOREST SYSTEM.—The term ‘‘Na-
tional Forest System’’ has the meaning given that 
term in section 11(a) of the Forest and Rangeland 
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Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)) 
SEC. 2202. HUNTING AND RECREATIONAL FISHING WITHIN 
THE NATIONAL FOREST SYSTEM. 
(a) PROHIBITION OF RESTRICTIONS.—The Secretary 
of Agriculture or Chief of the Forest Service may not estab-
lish policies, directives, or regulations that restrict the type, 
season, or method of hunting or recreational fishing on 
lands within the National Forest System that are otherwise 
open to those activities and are consistent with the applica-
ble forest plan. 
(b) PRIOR RESTRICTIONS VOID.—Any restrictions im-
posed by the Secretary of Agriculture or Chief of the Forest 
Service regarding the type, season, or method of hunting 
or recreational fishing on lands within the National Forest 
System that are otherwise open to those activities in force 
on the date of the enactment of this Act shall be void and 
have no force or effect. 
(c) APPLICABILITY.—This section shall apply only 
to— 
(1) the Kisatchie National Forest in the State of 
Louisiana; 
(2) the De Soto National Forest in the State of 
Mississippi; and 
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(3) the Ozark National Forest, the St. Francis 
National Forest, and the Ouachita National Forest in 
the States of Arkansas and Oklahoma. 
(d) STATE AUTHORITY.—Nothing in this section, sec-
tion 1 of the Act of June 4, 1897 (16 U.S.C. 551), or section 
32 of the Act of July 22, 1937 (7 U.S.C. 1011) shall affect 
the authority of States to manage hunting or recreational 
fishing on lands within the National Forest System. 
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Union Calendar No. 224 
115TH CONGRESS 
1ST SESSION 
H. R. 3668 
[Report No. 115–314, Part I] 
A BILL 
To provide for the preservation of sportsmen’s her-
itage and enhance recreation opportunities on 
Federal land, and for other purposes. 
SEPTEMBER 18, 2017 
Reported from the Committee on Natural Resources with 
an amendment 
SEPTEMBER 18, 2017 
The Committees on Agriculture, the Judiciary, Energy 
and Commerce, Transportation and Infrastructure, 
and Ways and Means discharged; committed to the 
Committee of the Whole House on the State of the 
Union and ordered to be printed 
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