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 op-
portunities; 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 ‘‘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 106. 
(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). 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
(3) 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. 
(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; 
(D) a district of the Bureau of Land Man-
agement; and 
(E) a project of the Bureau of Reclama-
tion. 
(6) RECREATION
SERVICE
PROVIDER.—The 
term ‘‘recreation service provider’’ has the meaning 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
given the term in section 802 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6801). 
(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 (5)(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 
(5). 
(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. 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 ‘‘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’’; 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
(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; 
(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 permit 
issued by a Federal land management agency for 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
specialized individual or group uses of Federal rec-
reational lands and waters, including for— 
‘‘(A) outfitting, guiding, or other recre-
ation services; 
‘‘(B) recreation or competitive events, 
which may include incidental sales; 
‘‘(C) the use of— 
‘‘(i) a special area; or 
‘‘(ii) an area in which use is allocated; 
‘‘(D) motorized recreation vehicle use in 
compliance with an applicable travel manage-
ment plan or other regulation; and 
‘‘(E) a group activity or event.’’. 
(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. 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 
‘‘(bb) any applicable revenue 
addition; and 
‘‘(II) any applicable revenue ex-
clusion. 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 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. 
‘‘(iii) 
ALTERNATIVE
PER-PERSON 
FEE.— 
‘‘(I) IN GENERAL.—For Federal 
recreational lands and waters man-
aged by the Forest Service, the Bu-
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
of any fee charged by the Secretary under this 
section. 
‘‘(3) REPORT.— 
‘‘(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 101 of the Recreation 
Not Red Tape Act) administered by the Sec-
retary, including an identification of the 
amounts used for specific activities 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’’; 
(3) by redesignating subsections (b) through (d) 
as subsections (c) through (e), respectively; and 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
(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: 
‘‘(b) APPLICABILITY.—Subsection (a) shall not apply 
to— 
‘‘(1) section 802; 
‘‘(2) subsection (d)(2) or (h) of section 803; or 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(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 
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) CATEGORICAL EXCLUSIONS.— 
(1) EVALUATION.—Not later than 1 year after 
the date of enactment of this Act, the Secretary con-
cerned shall evaluate whether 1 or more additional 
categorical exclusions developed in compliance with 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) would reduce processing times 
or costs for the issuance or renewal of special recre-
ation permits without significantly affecting the 
quality of the human environment. 
(2) ESTABLISHMENT OF CATEGORICAL EXCLU-
SIONS.—If the Secretary concerned determines 
under paragraph (1) that 1 or more additional cat-
egorical exclusions would reduce processing times or 
costs for the issuance or renewal of special recre-
ation permits without significantly affecting the 
quality of the human environment, the Secretary 
concerned shall— 
(A) establish those categorical exclusions 
in compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
(B) fully document that a category of ac-
tions will not individually or cumulatively have 
a significant effect on the human environment; 
and 
(C) revise relevant regulations and policy 
statements of applicable Federal agencies to in-
corporate those categorical exclusions. 
(3) ADMINISTRATION.— 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
(A) IN GENERAL.—In administering a cat-
egorical exclusion established under paragraph 
(2), the Secretary concerned shall comply with 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) (including regulations 
promulgated under that Act). 
(B) EXTRAORDINARY
CIRCUMSTANCES.— 
In determining whether to use a categorical ex-
clusion established under paragraph (2), the 
Secretary concerned shall apply the extraor-
dinary circumstances procedures described in, 
as applicable— 
(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 recreation permit under this Act. 
(d) ONLINE APPLICATIONS.—The Secretary con-
cerned shall make applications for special recreation per-
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
mits available to be completed and submitted online unless 
the Secretary concerned determines that making the appli-
cations available for completion and submission online 
would not improve the efficiency or accessibility of the per-
mitting process. 
SEC. 104. PERMIT FLEXIBILITY. 
(a) SUBSTANTIALLY SIMILAR ACTIVITIES.—The Sec-
retary concerned shall establish a permit administration 
protocol that authorizes, to the maximum extent prac-
ticable, a permittee issued a special recreation permit for 
a public land unit to engage in a recreational activity that 
is substantially similar to the specific activity authorized 
under the special recreation permit, 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; 
(3) does not adversely affect any other per-
mittee issued a special recreation permit for the ap-
plicable public land unit; 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
(4) does not involve the use of a motor, includ-
ing an electric motor, for a previously nonmotorized 
use; and 
(5) is consistent with any laws (including regu-
lations) and land use or management plans that 
apply to the applicable public land unit. 
(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 service days, 
to be made available to any other existing or potential per-
mittee. 
(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 lands and 
waters managed by the Forest Service and the Bu-
reau of Land Management. 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
(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 
special recreation permit under subsection (h)(1) of 
section 803 of the Federal Lands Recreation En-
hancement 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 
concerned has determined that the Department 
of Agriculture or the Department of the Inte-
rior, as applicable, is able to issue new special 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
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— 
(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— 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
(i) to issue a new special recreation 
permit; 
(ii) to add a new or additional use to 
an existing special recreation permit; or 
(iii) to make special recreation per-
mits 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 
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 
(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-
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
retary of Agriculture receives a complete proposal for a 
special recreation permit for a public land unit, the Sec-
retary concerned shall— 
(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 pro-
jected date for a final decision on the application or 
proposal. 
SEC. 106. 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 
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 
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS
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 any 
public land unit affected by the multijuris-
dictional trip to process the single joint special 
recreation permit application in a timely man-
ner. 
(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-
VerDate Sep 11 2014 
03:18 Jul 03, 2021
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3527.IH
H3527
pbinns on DSKJLVW7X2PROD with BILLS