(c) COST RECOVERY.—Coordination with each asso-
ciated 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), each 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 each 
associated agency; and 
(B) to suspend, terminate, or revoke the 
joint special recreation permit for— 
(i) noncompliance with Federal, State, 
or local laws (including 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 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
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 
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 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
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agency has withdrawn under paragraph (1).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. 
(f) TREATMENT OF PUBLIC LAND UNITS CHARGING 
ENTRANCE FEES.—For any trip that originates on, or 
outside of, but passes through, a public land unit that 
charges entrance fees, entrance fees may be collected in 
addition to the special recreation permit fees collected 
under subsection (h)(2) of section 803 of the Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6802). 
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 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
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 for the special recreation per-
mit has been prevented by a circumstance beyond the con-
trol of the special recreation permit holder, such as— 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
(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) TEMPORARY REASSIGNMENT OF USE.—The 
Secretary may assign any period of non-use ap-
proved under paragraph (1) to another qualified 
recreation service provider. 
SEC. 108. LIABILITY. 
(a) EXCULPATORY AGREEMENTS.— 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
(1) IN GENERAL.—A Federal land management 
agency shall not implement, administer, or enforce 
any regulation, guidance, or policy relating to the 
use of an exculpatory agreement between the holder 
of a special recreation permit and a customer of the 
holder of the special recreation permit 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) relating to 
exculpatory 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 
public land unit under section 803(h) of the Federal 
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 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS