I 
116TH CONGRESS 
1ST SESSION H. R. 3879 
To modify the procedures for issuing special recreation permits for certain 
public land units, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2019 
Ms. HAALAND (for herself, Mr. CURTIS, Mr. GALLEGO, Mr. STEWART, Ms. 
DEGETTE, Mr. SIMPSON, Mr. NEGUSE, Mr. GIANFORTE, Mrs. DINGELL, 
and Mr. LAMALFA) introduced the following bill; which was referred to 
the Committee on Natural Resources, and in addition to the Committee 
on Agriculture, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To modify the procedures for issuing special recreation 
permits for certain public land units, 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. 
This Act may be cited as the ‘‘Simplifying Outdoor 
Access for Recreation Act’’ or the ‘‘SOAR Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ASSOCIATED AGENCY.—The term ‘‘associ-
ated agency’’ means the Federal land management 
agency, other than the lead agency, that manages a 
public land unit that is the subject of a single joint 
special recreation permit under section 7(a). 
(2) FEDERAL LAND MANAGEMENT AGENCY.— 
The term ‘‘Federal land management agency’’ has 
the meaning given the term in section 802 of the 
Federal Lands Recreation Enhancement Act (16 
U.S.C. 6801). 
(3) LEAD AGENCY.—With respect to a single 
joint special recreation permit application submitted 
under section 7(a), the term ‘‘lead agency’’ means 
the Federal land management agency designated to 
administer the single joint special recreation permit 
under section 7(a)(2). 
(4) LONG-TERM
SPECIAL
RECREATION
PER-
MIT.—The term ‘‘long-term special recreation per-
mit’’ means— 
(A) for a public land unit managed by the 
Forest Service, a priority use permit; and 
(B) for a public land unit managed by the 
Bureau of Land Management, a multiyear spe-
cial recreation permit. 
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(5) MULTIJURISDICTIONAL
TRIP.—The term 
‘‘multijurisdictional trip’’ means a trip that— 
(A) uses 2 or more public land units; and 
(B) is under the jurisdiction of 2 or more 
Federal land management agencies. 
(6) PUBLIC
LAND
UNIT.—The term ‘‘public 
land unit’’ means— 
(A) a unit of the National Forest System; 
(B) a unit of the National Park System; 
(C) a unit of the National Wildlife Refuge 
System; 
(D) a district of the Bureau of Land Man-
agement; and 
(E) a project of the Bureau of Reclama-
tion. 
(7) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to a public land unit described in para-
graph (6)(A); and 
(B) the Secretary of the Interior, with re-
spect to a public land unit described in sub-
paragraph (B), (C), (D), or (E) of paragraph 
(6). 
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(8) SPECIAL RECREATION PERMIT.—The term 
‘‘special recreation permit’’ has the meaning given 
the term in section 802 of the Federal Lands Recre-
ation Enhancement Act (16 U.S.C. 6801). 
SEC. 3. SPECIAL RECREATION PERMIT AND FEE. 
(a) DEFINITIONS.—Section 802 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6801) is amend-
ed— 
(1) in paragraph (1), by striking ‘‘section 3(f)’’ 
and inserting ‘‘803(f)’’; 
(2) in paragraph (2), by striking ‘‘section 3(g)’’ 
and inserting ‘‘section 803(g)’’; 
(3) in paragraph (6), by striking ‘‘section 5’’ 
and inserting ‘‘section 805’’; 
(4) in paragraph (9), by striking ‘‘section 5’’ 
and inserting ‘‘section 805’’; 
(5) in paragraph (12), by striking ‘‘section 7’’ 
and inserting ‘‘section 807’’; 
(6) in paragraph (13), by striking ‘‘section 
3(h)’’ and inserting ‘‘section 803(h)’’; 
(7) by redesignating paragraphs (1), (3), (4), 
(5), (6), (7), (8), (9), (10), (11), and (13) as para-
graphs (15), (1), (3), (4), (5), (6), (7), (8), (11), 
(10), and (14), respectively, and moving the para-
graphs so as to appear in numerical order; 
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(8) by inserting after paragraph (8) (as so re-
designated) the following: 
‘‘(9) RECREATION
SERVICE
PROVIDER.—The 
term ‘recreation service provider’ means an indi-
vidual or entity that— 
‘‘(A) provides outfitting, guiding, or other 
recreation services; or 
‘‘(B) conducts recreational or competitive 
events, including incidental sales.’’; and 
(9) by inserting after paragraph (12) the fol-
lowing: 
‘‘(13) SPECIAL
RECREATION
PERMIT.—The 
term ‘special recreation permit’ means— 
‘‘(A) with respect to the Forest Service, an 
outfitting and guiding special use permit; 
‘‘(B) with respect to the National Park 
Service, a commercial use authorization for out-
fitting and guiding issued under— 
‘‘(i) this Act; or 
‘‘(ii) section 101925 of title 54, 
United States Code; 
‘‘(C) with respect to the United States 
Fish and Wildlife Service, a special use permit 
for recreational, sport fishing, or hunting outfit-
ting and guiding; 
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‘‘(D) with respect to the Bureau of Land 
Management, a special recreation permit for 
commercial outfitting and guiding; and 
‘‘(E) with respect to the Bureau of Rec-
lamation, a use authorization for guiding, out-
fitting, or other recreational services.’’. 
(b) SPECIAL RECREATION PERMIT AND FEE.—Sec-
tion 803 of the Federal Lands Recreation Enhancement 
Act (16 U.S.C. 6802) is amended— 
(1) in subsection (b)(5), by striking ‘‘section 
4(d)’’ and inserting ‘‘section 804(d)’’; and 
(2) by striking subsection (h) and inserting the 
following: 
‘‘(h) SPECIAL RECREATION PERMIT AND FEE.— 
‘‘(1) SPECIAL RECREATION PERMIT.—The Sec-
retary may issue a special recreation permit for spe-
cialized individual or group uses of Federal rec-
reational lands and waters, including— 
‘‘(A) for outfitting, guiding, or other recre-
ation services; 
‘‘(B) for recreation or competitive events, 
which may include incidental sales; 
‘‘(C) for the use of— 
‘‘(i) a special area; or 
‘‘(ii) an area in which use is allocated; 
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‘‘(D) for motorized recreational vehicle use; 
and 
‘‘(E) for a group activity or event. 
‘‘(2) SPECIAL RECREATION PERMIT FEE.— 
‘‘(A) IN
GENERAL.—The Secretary may 
charge a special recreation permit fee in con-
nection with the issuance of a special recreation 
permit under paragraph (1). 
‘‘(B) FEES FOR CERTAIN LANDS.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) and (iii), a special recreation permit fee 
under subparagraph (A) for use of Federal 
recreational lands and waters managed by 
the Forest Service, the Bureau of Land 
Management, the Bureau of Reclamation, 
or the United States Fish and Wildlife 
Service shall not exceed the difference be-
tween— 
‘‘(I) the sum of— 
‘‘(aa) 3 percent of the an-
nual gross revenue of the recre-
ation service provider for all ac-
tivities authorized by the special 
recreation permit; and 
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‘‘(bb) any applicable revenue 
addition; and 
‘‘(II) any applicable revenue ex-
clusion. 
‘‘(ii) EXCLUSION OF CERTAIN REVE-
NUES AND PAYMENTS.—In calculating the 
amount of a fee for a special recreation 
permit under clause (i), the Secretary con-
cerned shall exclude— 
‘‘(I) revenue from goods, services, 
souvenirs, merchandise, gear, food, 
and activities provided or sold by a 
special recreation permit holder in a 
location other than the Federal rec-
reational lands and waters covered by 
the permit, including transportation 
costs, lodging, and any other service 
before or after a trip; and 
‘‘(II) revenue from any rec-
reational services provided by a spe-
cial recreation permit holder for ac-
tivities on Federal recreational lands 
and waters for which a separate per-
mit is issued. 
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‘‘(iii) 
ALTERNATIVE
PER-PERSON 
FEE.— 
‘‘(I) IN GENERAL.—For Federal 
recreational lands and waters man-
aged by the Forest Service, the Bu-
reau of Land Management, the Bu-
reau of Reclamation, or the United 
States Fish and Wildlife Service, the 
Secretary may charge a per-person fee 
in connection with the issuance of a 
special recreation permit under para-
graph (1). 
‘‘(II) AMOUNT
OF
FEE.—The 
total amount charged by the Secretary 
in connection with the issuance of a 
special recreation permit under para-
graph (1) using a per-person fee 
under subclause (I) shall be com-
parable to the amount the Secretary 
may charge for a special recreation 
permit fee under subparagraph (A) 
and clauses (i) and (ii). 
‘‘(iv) EFFECT.—Nothing in this sub-
paragraph affects any fee for a commercial 
use authorization for use of Federal rec-
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reational lands and waters managed by the 
National Park Service. 
‘‘(C) DISCLOSURE
OF
FEES.—A special 
recreation permit holder may inform customers 
of any fee charged by the Secretary under this 
section. 
‘‘(3) REPORTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make available to holders of special recreation 
permits under paragraph (1) and the public an 
annual report describing the use of fees col-
lected by the Secretary under paragraph (2). 
‘‘(B) REQUIREMENTS.—The report under 
subparagraph (A) shall include a description of 
how the fees are used in each public land unit 
(as defined in section 2 of the SOAR Act) ad-
ministered by the Secretary, including an iden-
tification of the amounts used for specific ac-
tivities within the public land unit.’’. 
(c) USE
OF SPECIAL RECREATION PERMIT REV-
ENUE.—Section 808 of the Federal Lands Recreation En-
hancement Act (16 U.S.C. 6807) is amended— 
(1) in subsection (a)(3)(F), by striking ‘‘section 
6(a)’’ and inserting ‘‘section 806(a)’’; 
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(2) in subsection (d), by striking ‘‘section 5’’ 
each place it appears and inserting ‘‘section 805’’; 
(3) by redesignating subsections (b) through (d) 
as subsections (c) through (e), respectively; and 
(4) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) USE OF SPECIAL RECREATION PERMIT FEE 
REVENUE.—Revenue from a special recreation permit fee 
may be used for— 
‘‘(1) the purposes described in subsection (a); 
and 
‘‘(2) expenses— 
‘‘(A) associated with processing applica-
tions for special recreation permits; and 
‘‘(B) incurred in the improvement of the 
operation of the special recreation permit sys-
tem.’’. 
(d) PERMANENT AUTHORIZATION.—Section 810 of 
the Federal Lands Recreation Enhancement Act (16 
U.S.C. 6809) is amended— 
(1) by striking ‘‘The authority’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), the authority’’; and 
(2) by adding at the end the following: 
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‘‘(b) APPLICABILITY.—Subsection (a) shall not apply 
to— 
‘‘(1) section 802; 
‘‘(2) subsection (d)(2) or (h) of section 803; or 
‘‘(3) subsection (a) or (b) of section 808.’’. 
SEC. 4. PERMITTING PROCESS IMPROVEMENTS. 
(a) IN GENERAL.—To simplify the process of the 
issuance and renewal of special recreation permits and re-
duce the cost of administering special recreation permits, 
the Secretary concerned shall— 
(1) not later than 180 days after the date of 
enactment of this Act— 
(A) evaluate the special recreation permit-
ting process; and 
(B) identify opportunities— 
(i) to eliminate duplicative processes; 
(ii) to reduce costs; and 
(iii) to decrease processing times; and 
(2) not later than 180 days after the date on 
which the Secretary concerned completes the evalua-
tion and identification processes under paragraph 
(1), revise, as necessary, relevant agency regulations 
and policy statements to implement the improve-
ments identified under paragraph (1)(B). 
(b) ENVIRONMENTAL REVIEWS.— 
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(1) IN
GENERAL.—In issuing or renewing a 
special recreation permit, the Secretary concerned 
may, in compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.)— 
(A) use a programmatic environmental re-
view; and 
(B) adopt or incorporate material from a 
previous environmental impact statement or en-
vironmental assessment. 
(2) RULEMAKING.—Not later than 1 year after 
the date of enactment of this Act, the Secretary con-
cerned shall promulgate such regulations as are nec-
essary to carry out this subsection. 
(c) CATEGORICAL EXCLUSIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary con-
cerned shall— 
(A) evaluate whether 1 or more additional 
categorical exclusions developed in compliance 
with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) would reduce 
processing times or costs for the issuance or re-
newal of special recreation permits without sig-
nificantly affecting the human environment; 
and 
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(B) if the Secretary concerned determines 
under subparagraph (A) that 1 or more addi-
tional categorical exclusions would reduce proc-
essing times or costs for the issuance or re-
newal of special recreation permits without sig-
nificantly affecting the human environment— 
(i) establish those categorical exclu-
sions in compliance with the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); and 
(ii) revise relevant agency regulations 
and policy statements to implement those 
categorical exclusions. 
(2) ADMINISTRATION.— 
(A) IN GENERAL.—In administering a cat-
egorical exclusion established under paragraph 
(1)(B), the Secretary concerned shall comply 
with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) (including regu-
lations promulgated pursuant to that Act). 
(B) EXTRAORDINARY
CIRCUMSTANCES.— 
In determining whether to use a categorical ex-
clusion established under paragraph (1)(B), the 
Secretary concerned shall apply the extraor-
dinary circumstances procedures described in— 
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(i) section 1508.4 of title 40, Code of 
Federal Regulations (or a successor regula-
tion); and 
(ii) as applicable— 
(I) section 220.6 of title 36, Code 
of Federal Regulations (or a successor 
regulation); and 
(II) section 46.215 of title 43, 
Code of Federal Regulations (or a 
successor regulation). 
(d) NEEDS
ASSESSMENTS.—Except as required 
under subsection (c) or (d) of section 4 of the Wilderness 
Act (16 U.S.C. 1133), the Secretary concerned shall not 
conduct a needs assessment as a condition of issuing a 
special recreation permit for a public land unit under this 
Act. 
(e) ONLINE APPLICATIONS.—The Secretary con-
cerned shall make applications for special recreation per-
mits available to be completed and submitted online unless 
the Secretary concerned determines that making applica-
tions for special recreation permits available to be com-
pleted and submitted online would not improve the effi-
ciency or accessibility of the permitting process. 
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SEC. 5. PERMIT FLEXIBILITY. 
(a) SIMILAR ACTIVITIES.—The Secretary concerned 
shall establish a permit administration protocol that au-
thorizes, to the maximum extent practicable, a permittee 
issued a special recreation permit for a public land unit 
under section 803(h) of the Federal Lands Recreation En-
hancement Act (16 U.S.C. 6802(h)) to engage in a rec-
reational activity that is substantially similar to the spe-
cific activity authorized under the special recreation per-
mit, if the substantially similar recreational activity— 
(1) is comparable in type, nature, scope, and 
ecological setting to the specific activity authorized 
under the special recreation permit; 
(2) does not result in a greater impact on nat-
ural and cultural resources than the authorized ac-
tivity; and 
(3) does not adversely affect any other per-
mittee issued a special recreation permit for a public 
land unit under that subsection. 
(b) VOLUNTARY RETURN
OF SURPLUS SERVICE 
DAYS.—The Secretary concerned shall establish a pro-
gram to allow a permittee issued a special recreation per-
mit for a public land unit to voluntarily and temporarily 
return to the Secretary concerned 1 or more surplus serv-
ice days, to be made available to any other existing or po-
tential permittee. 
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(c) FOREST SERVICE AND BUREAU OF LAND MAN-
AGEMENT
TEMPORARY
SPECIAL
RECREATION
PER-
MITS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary concerned shall establish and implement a 
program to authorize the issuance of temporary spe-
cial recreation permits for new or additional rec-
reational uses of Federal recreational land and water 
managed by the Forest Service and the Bureau of 
Land Management. 
(2) TERM OF TEMPORARY PERMITS.—A tem-
porary special recreation permit issued under para-
graph (1) shall be issued for a period of not more 
than 2 years. 
(3) CONVERSION TO LONG-TERM PERMIT.—If 
the Secretary concerned determines that a permittee 
under paragraph (1) has completed 2 years of satis-
factory operation under the permit proposed to be 
converted, the Secretary may provide for the conver-
sion of a temporary special recreation permit issued 
under paragraph (1) to a long-term special recre-
ation permit. 
(4) EFFECT.—Nothing in this subsection alters 
or affects the authority of the Secretary to issue a 
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special recreation permit under subsection (h)(1) of 
section 803 of the Federal Lands Recreation En-
hancement Act (16 U.S.C. 6802). 
SEC. 6. PERMIT ADMINISTRATION. 
(a) PERMIT AVAILABILITY.— 
(1) NOTIFICATION OF PERMIT AVAILABILITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), if the Secretary 
concerned has determined that the Department 
of Agriculture or the Department of the Inte-
rior, as applicable, is able to issue new special 
recreation permits to recreation service pro-
viders seeking to use a public land unit, the 
Secretary concerned shall publish that informa-
tion on the website of the agency that admin-
isters the relevant public land unit. 
(B) EXCEPTION FOR CERTAIN PERMITS.— 
With respect to a public land unit managed by 
the Forest Service or the Bureau of Land Man-
agement, subparagraph (A) shall apply only to 
a long-term special recreation permit for the 
public land unit. 
(C) EXCEPTION
FOR
RENEWALS
AND 
REISSUANCES.—Subparagraph (A) shall not 
apply to— 
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(i) a renewal or reissuance of an exist-
ing special recreation permit; or 
(ii) a new special recreation permit 
issued to the purchaser of a recreation 
service provider that is the holder of an ex-
isting special recreation permit. 
(D) EFFECT.—Nothing in this paragraph 
creates a prerequisite to the issuance of a spe-
cial recreation permit or otherwise limits the 
authority of the Secretary concerned— 
(i) to issue a new special recreation 
permit; or 
(ii) to add a new or additional use to 
an existing special recreation permit. 
(2) UPDATES.—The Secretary concerned shall 
ensure that information published on the website 
under this subsection is consistently updated to pro-
vide current and correct information to the public. 
(3) ELECTRONIC
MAIL
NOTIFICATION.—The 
Secretary concerned shall— 
(A) establish a system by which potential 
special recreation permit applicants may sub-
scribe to receive notification of the availability 
of special recreation permits by electronic mail; 
and 
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(B) direct employees of the Department of 
Agriculture or the Department of the Interior, 
as applicable, to use that system to notify the 
public of the availability of special recreation 
permits. 
(b) PERMIT APPLICATION ACKNOWLEDGMENT.—Not 
later than 60 days after the date on which the Secretary 
concerned receives an application for a special recreation 
permit for a public land unit, the Secretary concerned 
shall— 
(1) provide to the applicant notice acknowl-
edging receipt of the application; and 
(2)(A) issue a final decision with respect to the 
application; or 
(B) provide to the applicant notice of a pro-
jected date for a final decision on the application. 
SEC. 7. 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 
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public land unit under the jurisdiction of those Fed-
eral 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 public 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 
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 
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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 public land unit managed by 
each applicable Federal land management agency. 
(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 
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 
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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— 
(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 
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(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 public land unit managed by the associ-
ated agency. 
(e) WITHDRAWAL.— 
(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 
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for any use occurring on the public land unit 
managed by the agency. 
(B) REQUIREMENTS.—A special recreation 
permit issued under subparagraph (A) shall 
contain the same or substantially similar terms, 
conditions, and operating stipulations as the 
joint special recreation permit from which an 
agency has withdrawn under paragraph (1). 
(C) 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). 
SEC. 8. 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 
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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 the 
remaining use to 1 or more qualified recreation serv-
ice 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 
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— 
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(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 
special recreation permit without reducing the num-
ber of service days assigned to the special recreation 
permit. 
(2) REALLOCATION
OF
USE.—The Secretary 
may assign any period of non-use approved under 
paragraph (1) to another qualified recreation service 
provider. 
SEC. 9. LIABILITY. 
(a) IN GENERAL.—To the extent authorized by appli-
cable State law, the Secretary concerned shall authorize 
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a permittee issued a special recreation permit for a public 
land unit under section 803(h) of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6802(h)) to re-
quire a client of the permittee to sign a form that— 
(1) releases the permittee and any agents, em-
ployees, and other persons affiliated with the per-
mittee from liability for ordinary negligence that 
arises out of or in connection with the authorized ac-
tivities of the permittee; 
(2) requires the client to indemnify and hold 
harmless the permittee and any agents, employees, 
and other persons affiliated with the permittee for 
any injury or damages the permittee may sustain as 
a result of any claim other than gross negligence 
that is caused by or arises out of or in connection 
with the involvement of the client in the authorized 
activities of the permittee; 
(3) releases the United States and any agents, 
employees, and contractors of the United States 
from liability for ordinary negligence that arises out 
of or in connection with the authorized activities of 
the permittee; and 
(4) requires the client to indemnify and hold 
harmless the United States and any agents, employ-
ees, and contractors of the United States for any in-
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jury or damages the United States or any agents, 
employees, and contractors of the United States may 
sustain as a result of any claim other than gross 
negligence that is caused by or arises out of or in 
connection with the involvement of the client in the 
authorized activities of the permittee. 
(b) REQUIREMENTS.—A form under subsection (a)— 
(1) shall not preclude claims of gross negligence 
against the permittee; 
(2) shall not eliminate the obligation of the per-
mittee to indemnify the United States unless the 
permittee is a recreation service provider that meets 
the requirements of paragraphs (1) and (2) of sub-
section (c); 
(3) shall not affect the ability of the United 
States to recover as an additional insured under any 
insurance policy obtained by the permittee in con-
nection with the authorized activities of the per-
mittee; 
(4) shall identify the State under the laws of 
which— 
(A) the form, including any waiver or re-
lease, shall be enforced; and 
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(B) any claim or cause of action, whether 
in tort or in contract, relating to or arising out 
of the form shall be governed; and 
(5) may be subject to review and approval by 
the Secretary concerned to ensure that the require-
ments of this subsection and subsection (a) are met. 
(c) INDEMNIFICATION BY GOVERNMENT ENTITIES.— 
The Secretary concerned may not require a recreation 
service provider to indemnify the United States as a condi-
tion for issuing a special recreation permit for a public 
land unit under this Act 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. 10. COST RECOVERY REFORM. 
(a) REVISION OF REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary of 
Agriculture shall revise section 251.58 of title 36, 
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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 
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 or monitoring an authorization under a spe-
cial recreation permit 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 au-
thorization. 
(2) MULTIPLE
APPLICATIONS.—In situations 
involving multiple applications for special recreation 
permits for similar services in the same public land 
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unit or area that, in the aggregate, require more 
hours to process than are exempt under the regula-
tions promulgated under paragraph (1), the Sec-
retary of the Interior or the Secretary of Agri-
culture, as applicable, shall, regardless of 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. 11. 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 
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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. 
(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. 
Æ 
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