IB 
Union Calendar No. 562 
116TH CONGRESS 
2D SESSION 
H. R. 3879 
[Report No. 116–678, Part I] 
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 
DECEMBER 18, 2020 
Additional sponsors: Mr. KILMER, Ms. DELBENE, Mr. COOK, Mr. MCCLIN-
TOCK, Ms. KUSTER of New Hampshire, Mr. HUFFMAN, Mr. PERL-
MUTTER, Mr. RASKIN, Ms. TORRES
SMALL
of New Mexico, Mr. 
LOWENTHAL, Mr. WESTERMAN, Mr. TIPTON, Mr. GOSAR, Mr. YOUNG, 
Mrs. NAPOLITANO, Ms. NORTON, Mr. LAMB, and Mr. BLUMENAUER 
DECEMBER 18, 2020 
Reported from the Committee on Natural Resources with amendments 
[Strike out all after the enacting clause and insert the part printed in italic] 
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DECEMBER 18, 2020 
Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on July 23, 2019] 
A BILL 
To modify the procedures for issuing special recreation 
permits for certain public land units, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Simplifying Outdoor Access for Recreation Act’’ or the 
‘‘SOAR Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Sense of Congress regarding outdoor recreation. 
TITLE I—MODERNIZING RECREATION PERMITTING 
Sec. 101. Definitions. 
Sec. 102. Special recreation permit and fee. 
Sec. 103. Permitting process improvements. 
Sec. 104. Permit flexibility. 
Sec. 105. Permit administration. 
Sec. 106. Permits for multijurisdictional trips. 
Sec. 107. Forest Service permit use reviews. 
Sec. 108. Liability. 
Sec. 109. Cost recovery reform. 
Sec. 110. Extension of special recreation permits. 
Sec. 111. Availability of Federal and State recreation passes. 
Sec. 112. Online purchases of America the Beautiful—The National Parks and 
Federal Recreational Lands Pass. 
TITLE II—ACCESSING THE OUTDOORS 
Sec. 201. Access for servicemembers and veterans. 
TITLE III—MAKING RECREATION A PRIORITY 
Sec. 301. Extension of seasonal recreation opportunities. 
Sec. 302. Recreation performance metrics. 
Sec. 303. Recreation mission. 
TITLE IV—MAINTENANCE OF PUBLIC LAND 
Subtitle A—Volunteers 
Sec. 401. Private-sector volunteer enhancement program. 
Sec. 402. Enhancing outdoor recreation through public lands service organiza-
tions. 
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Subtitle B—Priority Trail Maintenance 
Sec. 411. Interagency trail management. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 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). 
(2) 
FEDERAL
RECREATIONAL
LANDS
AND 
WATERS.—The term ‘‘Federal recreational lands and 
waters’’ has the meaning given the term in section 
802 of the Federal Lands Recreation Enhancement 
Act (16 U.S.C. 6801). 
(3) SECRETARIES.—Except as otherwise pro-
vided in this Act, the term ‘‘Secretaries’’ means— 
(A) the Secretary of the Interior; and 
(B) the Secretary of Agriculture. 
SEC. 3. SENSE OF CONGRESS REGARDING OUTDOOR 
RECREATION. 
It is the sense of Congress that— 
(1) outdoor recreation and the outdoor industry 
that outdoor recreation supports are vital to the 
United States; 
(2) access to outdoor recreation on Federal rec-
reational lands and waters is important to the health 
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and wellness of all people of the United States, espe-
cially young people; 
(3) in addition to the overall economic benefit of 
outdoor recreation, the economic benefits of outdoor 
recreation on Federal recreational lands and waters 
creates significant economic and employment benefits 
to rural economies; 
(4) Congress supports the creation of outdoor 
recreation sector leadership positions within State 
governments, as well as coordination with recreation 
and tourism organizations within the State to guide 
the growth of this sector, as evidenced by recent exam-
ples in the States of Colorado, Utah, and Washington; 
(5) State and local recreation and tourism offices 
play a pivotal role in— 
(A) coordinating State outdoor recreation 
policies, management, and promotion among 
Federal, State, and local agencies and entities; 
(B) disseminating information, increasing 
awareness, and growing demand for outdoor 
recreation experiences among visitors across the 
United States and throughout the world; 
(C) improving funding for, access to, and 
participation in outdoor recreation; and 
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(D) promoting economic development in the 
State by coordinating with stakeholders, improv-
ing recreational opportunities, and recruiting 
outdoor recreation businesses; 
(6) it is vital— 
(A) to support the coordination and collabo-
ration of the Federal and State land and water 
management agencies in the delivery of visitor 
services and management of outdoor recreation 
for the United States; and 
(B) provide adequate staffing within Fed-
eral land management agencies to facilitate sus-
tainable and accessible outdoor recreation oppor-
tunities; and 
(7) volunteers and volunteer partnerships play 
an important role in maintaining public land. 
TITLE I—MODERNIZING 
RECREATION PERMITTING 
SEC. 101. DEFINITIONS. 
In this title: 
(1) ASSOCIATED AGENCY.—The term ‘‘associated 
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 106. 
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(2) LEAD
AGENCY.—With respect to a single 
joint special recreation permit application submitted 
under section 106(a), the term ‘‘lead agency’’ means 
the Federal land management agency designated to 
administer the single joint special recreation permit 
under section 106(a)(2). 
(3) LONG-TERM SPECIAL RECREATION PERMIT.— 
The term ‘‘long-term special recreation permit’’ 
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. 
(4) 
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. 
(5) 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; 
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(D) a district of the Bureau of Land Man-
agement; and 
(E) a project of the Bureau of Reclamation. 
(6) 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 (5)(A); and 
(B) the Secretary of the Interior, with re-
spect to a public land unit described in subpara-
graph (B), (C), (D), or (E) of paragraph (5). 
(7) SPECIAL
RECREATION
PERMIT.—The term 
‘‘special recreation permit’’ has the meaning given the 
term in section 802 of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6801). 
SEC. 102. 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 ‘‘section 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’’; 
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(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 paragraphs so 
as to appear in numerical order; 
(8) by inserting after paragraph (8) (as so redes-
ignated) 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 permit issued by 
a Federal Land Management Agency for specialized 
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individual or group uses of Federal recreational 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; 
‘‘(D) for motorized recreational vehicle use 
in compliance with an applicable travel manage-
ment plan or other regulation; and 
‘‘(E) for a group activity or event.’’. 
(b) SPECIAL RECREATION PERMIT AND FEE.—Section 
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-
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reational lands and waters as defined in section 
802(13) of this Act (16 U.S.C. 6801). 
‘‘(2) SPECIAL RECREATION PERMIT FEE.— 
‘‘(A) IN
GENERAL.—The Secretary may 
charge a special recreation permit fee in connec-
tion 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 Fed-
eral 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 between— 
‘‘(I) the sum of— 
‘‘(aa) 3 percent of the annual 
gross revenue of the recreation 
service provider for all activities 
authorized by the special recre-
ation permit; and 
‘‘(bb) any applicable revenue 
addition; and 
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‘‘(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 per-
mit 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 recreational 
lands and waters covered by the per-
mit, including transportation costs, 
lodging, and any other service before or 
after a trip; and 
‘‘(II) 
revenue 
from 
any 
rec-
reational services provided by a special 
recreation permit holder for activities 
on Federal recreational lands and 
waters for which a separate permit is 
issued. 
‘‘(iii) 
ALTERNATIVE
PER-PERSON 
FEE.— 
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‘‘(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 collected 
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 101 of the SOAR Act) ad-
ministered by the Secretary, including an identi-
fication of the amounts used for specific activi-
ties 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)’’; 
(2) in subsection (d), by striking ‘‘section 5’’ 
each place it appears and inserting ‘‘section 805’’; 
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(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 REV-
ENUE.—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 applications 
for special recreation permits; and 
‘‘(B) incurred in the improvement of the op-
eration of the special recreation permit system.’’. 
(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: 
‘‘(b) APPLICABILITY.—Subsection (a) shall not apply 
to— 
‘‘(1) section 802; 
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‘‘(2) subsection (d)(2) or (h) of section 803; or 
‘‘(3) subsection (a), (b) or (c) of section 808.’’. 
SEC. 103. 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 en-
actment 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 improvements 
identified under paragraph (1)(B). 
(b) CATEGORICAL EXCLUSIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary con-
cerned shall— 
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(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 proc-
essing times or costs for the issuance or renewal 
of special recreation permits without signifi-
cantly affecting the human environment; and 
(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 renewal 
of special recreation permits without signifi-
cantly affecting the human environment— 
(i) establish those categorical exclusions 
in compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 
et seq.); 
(ii) fully document that a category of 
actions will not individually or cumula-
tively have a significant effect on the 
human environment; and 
(iii) revise relevant agency regulations 
and policy statements to implement those 
categorical exclusions. 
(2) ADMINISTRATION.— 
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(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 regula-
tions promulgated pursuant to that Act). 
(B) EXTRAORDINARY CIRCUMSTANCES.—In 
determining whether to use a categorical exclu-
sion established under paragraph (1)(B), the 
Secretary concerned shall apply, as applicable, 
the extraordinary circumstances procedures de-
scribed in— 
(i) section 220.6 of title 36, Code of 
Federal Regulations (or a successor regula-
tion); and 
(ii) section 46.215 of title 43, Code of 
Federal Regulations (or a successor regula-
tion). 
(c) 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 recre-
ation permit for a public land unit under this Act. 
(d) ONLINE APPLICATIONS.—The Secretary concerned 
shall make applications for special recreation permits 
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available to be completed and submitted online unless the 
Secretary concerned determines that making applications 
for special recreation permits available to be completed and 
submitted online would not improve the efficiency or acces-
sibility of the permitting process. 
SEC. 104. 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 ec-
ological 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 activ-
ity; 
(3) does not adversely affect any other permittee 
issued a special recreation permit for a public land 
unit under that subsection; 
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(4) does not involve the use of a motor, including 
an electric motor, for a previously non-motorized use; 
and 
(5) is consistent with any laws and regulations 
(including land use or management plans) applying 
to a public land unit. 
(b) VOLUNTARY
RETURN
OF
SURPLUS
SERVICE 
DAYS.—The Secretary concerned shall establish a program 
to allow a permittee issued a special recreation permit for 
a public land unit to voluntarily and temporarily return 
to the Secretary concerned 1 or more surplus service days, 
to be made available to any other existing or potential per-
mittee. 
(c) FOREST SERVICE AND BUREAU OF LAND MANAGE-
MENT TEMPORARY SPECIAL RECREATION PERMITS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Secretary con-
cerned shall establish and implement a program to 
authorize the issuance of temporary special recreation 
permits for new or additional recreational 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-
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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 recreation 
permit. 
(4) EFFECT.—Nothing in this subsection alters 
or affects the authority of the Secretary to issue a spe-
cial recreation permit under subsection (h)(1) of sec-
tion 803 of the Federal Lands Recreation Enhance-
ment Act (16 U.S.C. 6802). 
SEC. 105. PERMIT ADMINISTRATION. 
(a) PERMIT AVAILABILITY.— 
(1) NOTIFICATION OF PERMIT AVAILABILITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), if the Secretary con-
cerned has determined that the Department of 
Agriculture or the Department of the Interior, as 
applicable, is able to issue new special recreation 
permits to recreation service providers seeking to 
use a public land unit, the Secretary concerned 
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shall publish that information on the website of 
the agency that administers 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— 
(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 serv-
ice provider that is the holder of an existing 
special recreation permit. 
(D) EFFECT.—Nothing in this paragraph 
creates a prerequisite to the issuance of a special 
recreation permit or otherwise limits the author-
ity of the Secretary concerned— 
(i) to issue a new special recreation 
permit; 
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(ii) to add a new or additional use to 
an existing special recreation permit; or 
(iii) to make special recreation permits 
available to members of the public. 
(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 Sec-
retary 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 
(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 
of the Interior receives a completed application or the Sec-
retary of Agriculture receives a complete proposal for a spe-
cial recreation permit for a public land unit, the Secretary 
concerned shall— 
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(1) provide to the applicant notice acknowl-
edging receipt of the application or proposal; and 
(2)(A) issue a final decision with respect to the 
application or proposal; or 
(B) provide to the applicant notice of a projected 
date for a final decision on the application or pro-
posal. 
SEC. 106. PERMITS FOR MULTIJURISDICTIONAL TRIPS. 
(a) SINGLE JOINT SPECIAL RECREATION PERMITS.— 
(1) IN GENERAL.—In the case of a multijuris-
dictional trip, the Federal land management agencies 
with jurisdiction over the multijurisdictional trip 
may offer to the applicant a single joint special recre-
ation permit that authorizes the use of each public 
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 public land unit. 
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(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 
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 sepa-
rate permit for the portion of the multijurisdictional 
trip on the public land unit managed by each appli-
cable Federal land management agency. 
(5) PROHIBITIONS.—Nothing in this section 
shall be construed to allow an activity that would oth-
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erwise be prohibited on the public 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 
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 per-
mit application, incorporate the findings, interests, 
and needs of the associated agency; 
(3) in issuing the joint special recreation permit, 
clearly identify the agencies that have the authority 
to enforce the terms, stipulations, conditions and 
agreements of the joint special recreation permit, as 
determined under subsection (d); and 
(4) complete the permitting process within a rea-
sonable timeframe. 
(c) COST RECOVERY.—The coordination with the asso-
ciated agency under subsection (b) shall not be subject to 
cost recovery. 
(d) ENFORCEMENT AUTHORITY.— 
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(1) DELEGATION OF AUTHORITY TO LEAD AGEN-
CY.—In administering a single joint special recre-
ation permit under subsection (a), the associated 
agency shall delegate to the lead agency the author-
ity— 
(A) to enforce the terms, stipulations, condi-
tions, and agreements of the joint special recre-
ation permit, as may be required by the regula-
tions 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 recre-
ation permit. 
(2) RETENTION OF AUTHORITY BY THE ASSOCI-
ATED AGENCY.—The associated agency shall retain 
the authority to enforce the terms, stipulations, condi-
tions, and agreements in the joint special recreation 
permit that apply specifically to the use occurring on 
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the public land unit managed by the associated agen-
cy. 
(e) WITHDRAWAL.— 
(1) IN GENERAL.—The lead agency or an associ-
ated agency may withdraw from a joint special recre-
ation 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 agen-
cy and each associated agency shall issue to the 
holder of the joint special recreation permit 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 con-
tain 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 
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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 PUBLIC LAND UNITS CHARGING 
ENTRANCE FEES.—Entrance fees may still be collected in 
addition to any special recreation permit fees for any trip 
that originates on, or outside of but passes through, a public 
lands unit that charges such fees. 
SEC. 107. FOREST SERVICE PERMIT USE REVIEWS. 
(a) IN GENERAL.—If the Secretary of Agriculture (re-
ferred to in this section as the ‘‘Secretary’’) conducts a spe-
cial recreation permit use review in renewing a special 
recreation permit or adjusting allocations of use in a spe-
cial 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 al-
located to the special recreation permit holder on the 
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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 Sec-
retary may assign additional use capacity to an ex-
isting special recreation permit holder even if that as-
signment would exceed the amount of use allocated 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; 
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(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 Sec-
retary may approve non-use by the holder of the spe-
cial recreation permit without reducing the number 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 exist-
ing 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. 
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(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 ENTITIES.— 
The Secretary concerned may not require a recreation serv-
ice provider to indemnify the United States as a condition 
for issuing a special recreation permit for a public land 
unit under this section 803(h) of the Federal Lands Recre-
ation 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 spe-
cial 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 enactment of this Act, the Secretary of Ag-
riculture shall revise section 251.58 of title 36, Code 
of Federal Regulations, and the Secretary of the Inte-
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rior shall revise subsections (e) and (f) of section 
2932.31 of title 43, Code of Federal Regulations, 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 revised 
regulations that would limit the authority of the Sec-
retary 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 per-
mit issued by the U.S. Forest Service or the Bureau 
of Land Management, or for monitoring an author-
ization under a special recreation permit issued by 
the U.S. 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 in-
volving multiple applications for special recreation 
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permits issued by the U.S. Forest Service or the Bu-
reau of Land Management for similar services in the 
same public land unit or area that, in the aggregate, 
require more hours to process than are exempt under 
the regulations promulgated under paragraph (1), the 
Secretary concerned 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 applica-
tion 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 prac-
ticable, the agency processing an application for a special 
recreation permit shall use existing studies and analysis 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 
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special recreation permit, the expiration of the permit shall 
be tolled in accordance with the undesignated matter fol-
lowing section 558(c)(2) of title 5, United States Code, until 
such time as the request for renewal has been finally deter-
mined 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 renewal 
process. 
SEC. 111. AVAILABILITY OF FEDERAL AND STATE RECRE-
ATION PASSES. 
(a) IN GENERAL.—The Federal Lands Recreation En-
hancement 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 recre-
ation passes to allow a purchaser to buy a Federal 
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recreation pass and a State recreation pass in the 
same transaction. 
‘‘(2) INCLUDED PASSES.—Passes covered by the 
program established under paragraph (1) include— 
‘‘(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 entrance 
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 en-
sure 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 agen-
cy; and 
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