H.R. 3668 — what changed
Sportsmen’s Heritage And Recreational Enhancement Act
From Introduced in House to Reported in House. 7 sections amended and 17 added between Introduced in House and Reported in House.
Sec. 203 Amendments to Pittman-Robertson Wildlife Restoration Act
Definitions— Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—
by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and
by inserting after paragraph (1) the following:
“(2) the term public target range means a specific location that—
“(A) is identified by a governmental agency for recreational shooting;
“(B) is open to the public;
“(C) may be supervised; and
“(D) may accommodate archery or rifle, pistol, or shotgun shooting;”
Expenditures for management of wildlife areas and resources— Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended—
by striking “(b) Each State” and inserting the following:
“(b) Expenditures for management of wildlife areas and resources
“(1) In general—Except as provided in paragraph (2), each State”
in paragraph (1) (as so designated), by striking “construction, operation,” and inserting “operation”;
in the second sentence, by striking “The non-Federal share” and inserting the following:
“(3) Non-federal share—The non-Federal share”
in the third sentence, by striking “The Secretary” and inserting the following:
“(4) Regulations—The Secretary”
by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following:
“(2) Exception—Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range.”
Firearm and bow hunter education and safety program grants— Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is amended—
in subsection (a), by adding at the end the following:
“(3) Allocation of additional amounts—Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.”
by striking subsection (b) and inserting the following:
“(b) Cost sharing
“(1) In general—Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity.
changed
“(2) Public target range construction or expansion—The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.”activity.
added “(3) In-kind match—For the purposes of cost sharing, any institution (as defined by 7 U.S.C. 7601) that is eligible to receive amounts under this section shall be allowed to use the present value of their land as an in-kind match to satisfy cost sharing requirements regardless of any restrictions in law that would otherwise prohibit the use of the land for such purpose.”
in subsection (c)(1)—
by striking “Amounts made” and inserting the following:
“(A) In general—Except as provided in subparagraph (B), amounts made”
by adding at the end the following:
“(B) Exception—Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available.”
Sec. 404 Volunteer hunters; reports; closures and restrictions
Definitions— For the purposes of this section:
Public land— The term public land means—
units of the National Park System;
National Forest System lands; and
land and interests in land owned by the United States and under the administrative jurisdiction of—
changed
the United States Fish and Wildlife Service; or
the Bureau of Land Management.
Secretary— The term Secretary means—
the Secretary of the Interior and includes the Director of the National Park Service, with regard to units of the National Park System;
changed
the Secretary of the Interior and includes the Director of the United States Fish and Wildlife Service, with regard to United States Fish and Wildlife Service lands and waters;
the Secretary of the Interior and includes the Director of the Bureau of Land Management, with regard to Bureau of Land Management lands and waters; and
the Secretary of Agriculture and includes the Chief of the Forest Service, with regard to National Forest System lands.
Volunteer from the hunting community— The term volunteer from the hunting community means a volunteer who holds a valid hunting license issued by a State.
Volunteer Hunters— When planning wildlife management involving reducing the size of a wildlife population on public land, the Secretary shall consider the use of and may use volunteers from the hunting community as agents to assist in carrying out wildlife management on public land. The Secretary shall not reject the use of volunteers from the hunting community as agents without the concurrence of the appropriate State wildlife management authorities.
Report— Beginning on the second October 1 after the date of the enactment of this Act and biennially on October 1 thereafter, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—
any public land administered by the Secretary that was closed to fishing, hunting, and recreational shooting at any time during the preceding year; and
the reason for the closure.
Closures or significant restrictions—
In general— Other than closures established or prescribed by land planning actions referred to in section 604(e) or emergency closures described in paragraph (2), a permanent or temporary withdrawal, change of classification, or change of management status of public land that effectively closes or significantly restricts any acreage of public land to access or use for fishing, hunting, recreational shooting, or activities related to fishing, hunting, or recreational shooting, or a combination of those activities, shall take effect only if, before the date of withdrawal or change, the Secretary—
publishes appropriate notice of the withdrawal or change, respectively;
demonstrates that coordination has occurred with a State fish and wildlife agency; and
submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively.
Emergency closures— Nothing in this Act prohibits the Secretary from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes authorized by law. Such an emergency closure shall terminate after a reasonable period of time unless converted to a permanent closure consistent with this Act.
Sec. 405 Withdrawal of existing rule regarding hunting and trapping in Alaska
addedadded Not later than 30 days after the date of the enactment of this Act, the Secretary of the Interior shall withdraw the final rule entitled “Alaska; Hunting and Trapping in National Preserves” and published in the Federal Register on October 23, 2015 (80 Fed. Reg. 64325), and shall not issue a rule that is substantially similar to that rule.
Sec. 1502 Equal treatment of silencers and firearms
changed
In general— Section 5845(a) of the Internal Revenue Code of 1986 is amended by striking “(7) any silencer” and all that follows through “; and (8)” and inserting “; and “and (7)”.
Effective date— The amendment made by this section shall apply to calendar quarters beginning more than 90 days after the date of the enactment of this Act.
Sec. 1506 Amendments to title 18, United States Code
Title 18, United States Code, is amended—
in section 921(a), by striking paragraph (24) and inserting the following:
“(24)
“(A) The terms firearm silencer and firearm muffler mean any device for silencing, muffling, or diminishing the report of a portable firearm, including the “keystone part” of such a device.
“(B) The term keystone part means, with respect to a firearm silencer or firearm muffler, an externally visible part of a firearm silencer or firearm muffler, without which a device capable of silencing, muffling, or diminishing the report of a portable firearm cannot be assembled, but the term does not include any interchangeable parts designed to mount a firearm silencer or firearm muffler to a portable firearm.”
in section 922(b)—
changed
in paragraph (1), by striking “shotgun or rifle” the first place it appears and inserting “shotgun, rifle, firearm silencer or firearm muffler,”; muffler”; and
in paragraph (3), by striking “rifle or shotgun” and inserting “shotgun, rifle, firearm silencer or firearm muffler”; and
in section 923(i)—
by striking “Licensed” and inserting the following:
“(1) In the case of a firearm other than a firearm silencer or firearm muffler, licensed”
by adding at the end the following:
“(2) In the case of a firearm silencer or firearm muffler, licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the keystone part of the firearm silencer or firearm muffler, in such manner as the Attorney General shall by regulations prescribe, each firearm silencer or firearm muffler imported or manufactured by such importer or manufacturer, except that, if a firearm silencer or firearm muffler does not have a clearly identifiable keystone part or has multiple keystone parts, licensed importers or licensed manufacturers shall submit a request for a marking variance to the Attorney General. The Attorney General shall grant such a request except on showing good cause that marking the firearm silencer or firearm muffler as requested would not further the purposes of this chapter.”
Sec. 1702 Federal Land Transaction Facilitation Act
The Federal Land Transaction Facilitation Act is amended—
in section 203(1) (43 U.S.C. 2302(1)), by striking “cultural, or” and inserting “cultural, recreational access and use, or other”;
in section 203(2) in the matter preceding subparagraph (A), by striking “on the date of enactment of this Act was” and inserting “is”;
in section 205 (43 U.S.C. 2304)—
changed
in subsection (a), by striking “section 206” and all that follows through the period at the end and inserting the following: “section 206—
“(1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712);
“(2) not later than 180 days after the date of the enactment of the Federal Land Transaction Facilitation Act Reauthorization, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and
“(3) to maintain the database referred to in paragraph (2).”
in subsection (d), by striking “11” and inserting “22”;
by amending section 206(c)(1) (43 U.S.C. 2305(c)(1)) to read as follows:
“(1) Use of Funds
“(A) In general—Funds in the Federal Land Disposal Account shall be expended, subject to appropriation, in accordance with this subsection.
“(B) Purposes—Except as authorized under paragraph (2), funds in the Federal Land Disposal Account shall be used for one or more of the following purposes:
“(i) To purchase lands or interests therein that are otherwise authorized by law to be acquired and are one or more of the following:
“(I) Inholdings.
“(II) Adjacent to federally designated areas and contain exceptional resources.
“(III) Provide opportunities for hunting, recreational fishing, recreational shooting, and other recreational activities.
“(IV) Likely to aid in the performance of deferred maintenance or the reduction of operation and maintenance costs or other deferred costs.
“(ii) To perform deferred maintenance or other maintenance activities that enhance opportunities for recreational access.”
in section 206(c)(2) (43 U.S.C. 2305(c)(2))—
by striking subparagraph (A);
by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively;
in subparagraph (C) (as so redesignated by this paragraph)—
by striking “purchases” and inserting “land purchases and performance of deferred maintenance activities”;
by striking “subparagraph (C)” and inserting “subparagraph (B)”; and
changed
by inserting “for the activities outlined in paragraph (2)” (1)” after “generated”; and
by adding at the end the following:
“(D) Any funds made available under subparagraph (C) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State.”
in section 206(c)(3) (43 U.S.C. 2305(c)(3))—
by inserting after subparagraph (A) the following:
“(B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities;”
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D);
in section 206(f) (43 U.S.C. 2305(f)), by amending paragraph (2) to read as follows:
“(2) any remaining balance in the account shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).”
in section 207(b) (43 U.S.C. 2306(b))—
in paragraph (1)—
by striking “96–568” and inserting “96–586”; and
by striking “; or” and inserting a semicolon;
in paragraph (2)—
by inserting “Public Law 105–263;” before “112 Stat.”; and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3028);
“(4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2403);
“(5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111–11);
“(6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111–11);
“(7) section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1108); or
“(8) section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1121).”
Sec. 1801 Annual permit and fee for film crews of 5 persons or fewer
Section 100905 of title 54, United States Code, is amended as follows:
In subsection (a)—
changed
in paragraph (1), by striking “provide a fair return to the United States” and insert inserting “be sufficient to cover the cost of a film permit and other administrative and personnel costs”; and
by adding at the end the following:
“(3) Film crew of 5 persons or fewer—For a commercial film crew of 5 persons or fewer for commercial filming activities or similar projects on Federal land and waters administered by the Secretary the Secretary shall—
“(A) assess an annual fee in an amount sufficient to cover the administrative cost of issuing a permit under this section, but not greater than $200; and
“(B) require a permit which shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit.”
By striking subsection (b) and redesignating subsections (c), (d), (e), and (f) as subsections (b), (c), (d), and (e), respectively.
In subsection (b), as redesignated by this section, by adding at the end the following:
“(3) Still photography crew of 5 persons or fewer—The fee under this paragraph for a still photography crew of 5 persons or fewer shall be not more than $200.”
In subsection (e), as redesignated by this section—
by striking “The Secretary” and inserting the following:
“(1) Timing—The Secretary”
by adding at the end the following:
“(2) Criteria—The Secretary shall not consider subject matter or content as a criterion for issuing or denying a permit under this Act.”
By adding at the end the following:
“(f) Exemption From Commercial Filming or Still Photography Permits and Fees—The Secretary shall not require persons holding commercial use authorizations or special recreation permits to obtain an additional permit or pay an additional fee for commercial filming or still photography under this section if—
“(1) the filming or still photography conducted is incidental to the permitted activity that is the subject of the commercial use authorization or special recreation permit; and
“(2) the holder of the commercial use authorization or special recreation permit is an individual or small business concern (within the meaning of section 3 of the Small Business Act (15 U.S.C. 632)).
“(g) News Gathering Activities—For the purposes of this section, a news gathering shall not be considered a commercial activity.
“(h) Definitions—For the purposes of this section—
“(1) the term commercial film crew means any persons present on Federal land or water under the jurisdiction of the Secretary who are associated with the production of a film;
“(2) the term news gathering means the gathering, recording, and filming of news and information related to news in any medium; and
“(3) the term Secretary means the Secretary of the Interior or the Secretary of Agriculture, as applicable, with respect to land under the respective jurisdiction of such Secretary.”
Sec. 1903 Cooperation with State Fish and Wildlife Agencies on Management Plans
changed
Use of State fish and wildlife data and analyses— The Secretary of the Interior and the Secretary of Agriculture shall prioritize coordination coordination, consultation, and cooperation with the appropriate State fish and wildlife agencies and local governments to recognize and fully utilize State and local government fish and wildlife data and analyses, unless it is determined by the State or local government that such data or analyses are is proprietary or protected from disclosure under State law, as a primary source to inform—
land and resource management plans for units of the National Forest System developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604);
land use plans developed under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712);
comprehensive conservation plans developed under section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd);
project planning and execution; and
related natural resource policies and decisions.
changed
Sharing data— Federal agencies shall evaluate and utilize existing analysis of data on fish and wildlife populations prepared by the appropriate State or local governments and share Federal data with State fish and wildlife managers.managers and local governments.
Sec. 2001 Short title
addedadded This title may be cited as the “Grand Canyon Bison Management Act”.
Sec. 2002 Definitions
addedadded In this title:
added
Full bison— The term full bison means all of the remains of a bison after field dressing.
added
Management plan— The term management plan means the management plan published under section 2003(a).
added
Park— The term Park means the Grand Canyon National Park.
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Skilled public volunteer— The term skilled public volunteer means an individual who possesses—
added
a valid hunting license issued by the State of Arizona; and
added
such other qualifications as the Secretary may require, after consultation with the Arizona Game and Fish Commission.
Sec. 2003 Bison management plan for Grand Canyon National Park
added
added
Publication of plan— Not later than 180 days after the date of enactment of this Act, the Secretary shall publish a management plan to reduce, through humane lethal culling by skilled public volunteers and by other nonlethal means, the population of bison in the Park that the Secretary determines are detrimental to the use of the Park.
added
Removal of Animal— Notwithstanding section 4 of the Act of March 2, 1929 (16 U.S.C. 198c) or any other provision of law, a skilled public volunteer may remove from the Park a full bison harvested in accordance with the management plan.
added
Coordination— The Secretary shall coordinate with and obtain written approval from the Arizona Game and Fish Commission regarding the development and finalization of the management plan and any amendments to the management plan.
added
NEPA Compliance— In developing the management plan, the Secretary shall comply with all applicable Federal environmental laws (including regulations), including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
added
Limitation— Nothing in this Act applies to the taking of wildlife in the Park for any purpose other than the implementation of the management plan.
Sec. 2101 Short title; definitions
added
added
Short title— This title may be cited as the “Guides and Outfitters Act” or the “GO Act”.
added
Definitions— In this title:
added
Secretary— The term Secretary means—
added
the Secretary of the Interior, with respect to a Federal land management agency (other than the Forest Service); and
added
the Secretary of Agriculture, with respect to the Forest Service.
added
Secretaries— The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture acting jointly.
Sec. 2102 Special recreation permit and fee
addedadded Subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended to read as follows:
added “(h) Special recreation permit and fee
added “(1) In general—The Secretary may—
added “(A) issue a special recreation permit for Federal recreational lands and waters; and
added “(B) charge a special recreation permit fee in connection with the issuance of the permit.
added “(2) Special recreation permits—The Secretary may issue special recreation permits in the following circumstances:
added “(A) For specialized individual and group use of Federal facilities and Federal recreational lands and waters, such as, but not limited to, use of special areas or areas where use is allocated, motorized recreational vehicle use, and group activities or events.
added “(B) To recreation service providers who conduct outfitting, guiding, and other recreation services on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, or the United States Fish and Wildlife Service.
added “(C) To recreation service providers who conduct recreation or competitive events, which may involve incidental sales on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, or the United States Fish and Wildlife Service.
added “(3) Reduction in Federal Costs and Duplication of Analysis
added “(A) In general—The issuance of a new special recreation permit for activities under paragraph (2) shall be categorically excluded from further analysis and documentation under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the proposed use is the same as or similar to a previously authorized use and the Secretary determines that such issuance does not have significant environmental effects based upon application of the extraordinary circumstances procedures established by the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
added “(B) Definition—For the purposes of this paragraph, the term similar means—
added “(i) substantially similar in type, nature, and scope; and
added “(ii) will not result in significant new impacts.
added “(4) Relation to fees for use of highways or roads—An entity that pays a special recreation permit fee shall not be subject to a road cost-sharing fee or a fee for the use of highways or roads that are open to private, noncommercial use within the boundaries of any Federal recreational lands or waters, as authorized under section 6 of Public Law 88–657 (16 U.S.C. 537).”
Sec. 2103 Permit across multiple jurisdictions
added
added
In general— In the case of an activity requiring permits pursuant to subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) for use of lands managed by both the Forest Service and the Bureau of Land Management—
added
the Secretaries may issue a joint permit based upon a single application to both agencies when issuance of a joint permit based upon a single application will lower processing and other administration costs for the permittee, provided that the permit applicant shall have the option to apply for separate permits rather than a joint permit; and
added
the permit application required under paragraph (1) shall be—
added
the application required by the lead agency; and
added
submitted to the lead agency.
added
Requirements of the lead agency— The lead agency for a permit under subsection (a) shall—
added
coordinate with the associated agencies, consistent with the authority of the Secretaries under section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), to develop and issue the single, joint permit that covers the entirety of the trip;
added
in processing the joint permit application, incorporate the findings, interests, and needs of the associated agencies, provided that such coordination shall not be subject to cost recovery; and
added
complete the permitting process within a reasonable time after receiving the permit application.
added
Effect on regulations— Nothing in this section shall alter, expand, or limit the applicability of any Federal law (including regulations) to lands administered by the relevant Federal agencies.
added
Definitions— In this section:
added
Associated agency— The term associated agency means an agency that manages the land on which the trip of the special recreation permit applicant will enter after leaving the land managed by the lead agency.
added
Lead agency— The term lead agency means the agency that manages the land on which the trip of the special recreation permit applicant will begin.
Sec. 2104 Guidelines and permit fee calculation
added
added
Guidelines and exclusion of certain revenues— The Secretary shall—
added
publish guidelines in the Federal Register for establishing recreation permit fees; and
added
provide appropriate deductions from gross revenues used as the basis for the fees established under paragraph (1) for—
added
revenue from goods, services, and activities provided by a recreation service provider outside Federal recreational lands and waters, such as costs for transportation, lodging, and other services before or after a trip; and
added
fees to be paid by permit holder under applicable law to provide services on other Federal lands, if separate permits are issued to that permit holder for a single event or trip.
added
Fee conditions— The fee charged by the Secretary for a permit issued under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) shall not exceed 3 percent of the recreational service provider’s annual gross revenue for activities authorized by the permit on Federal lands, plus applicable revenue additions, minus applicable revenue exclusions or a similar flat per person fee.
added
Disclosure of fees— A holder of a special recreation permit may inform its customers of the various fees charged by the Secretary under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)).
Sec. 2105 Use of permit fees for permit administration
added
added
Deposits— Subject to subsection (b), revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(2) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall be held in special accounts established for each specific unit or area for which such revenues are collected, and shall remain available for expenditure, without further appropriation, until expended.
added
Use of Permit fees— Revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(2) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall be used only—
added
to partially offset the Secretary’s direct cost of administering the permits;
added
to improve and streamline the permitting process; and
added
for related recreation infrastructure and other purposes specifically to support recreation activities at the specific site for which use is authorized under the permit, after obtaining input from any related permittees; provided, however, that the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to any advisory committee or other group established to carry out this paragraph.
added
Limitation on use of fees— The Secretary may not use any permit fees for biological monitoring on Federal recreational lands and waters under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for listed or candidate species.
Sec. 2106 Adjustment to permit use reviews
added
added
In general— In reviewing and adjusting allocations of use for priority use permits for special uses of Federal recreational lands and waters managed by the Forest Service, and in renewing such permits, the Secretary of Agriculture shall allocate to a permit holder a level of use that is no less than the highest amount of actual annual use over the reviewed period plus 25 percent, capped at the amount of use allocated when the permit was issued unless additional capacity is available. The Secretary may assign any use remaining after adjusting allocations on a temporary basis to qualified permit holders.
added
Waiver— Use reviews under subsection (a) may be waived for periods in which circumstances that prevented use of assigned capacity, such as weather, fire, natural disasters, wildlife displacement, business interruptions, insufficient availability of hunting and fishing licenses, or when allocations on permits include significant shoulder seasons. The authorizing office may approve non-use without reducing the number of service days assigned to the permit in such circumstances at the request of the permit holder. Approved non-use may be temporarily assigned to other qualified permit holders when conditions warrant.
Sec. 2107 Authorization of temporary permits for new uses for the Forest Service and BLM
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall establish and implement a program to authorize temporary permits for new recreational uses of Federal recreational lands and waters managed by the Forest Service or the Bureau of Land Management, respectively, and to provide for the conversions of such temporary permits to long-term permits after 2 years of satisfactory operation. The issuance and conversion of such permits shall be subject to subsection (h)(3) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802).
Sec. 2108 Indemnification requirements
added
added
Indemnification— A permit holder that is prohibited by the State from providing indemnification to the Federal Government shall be considered to be in compliance with indemnification requirements of the Department of the Interior and the Department of Agriculture if the permit holder carries the required minimum amount of liability insurance coverage or is self-insured for the same minimum amount.
added
Exculpatory agreements— The Secretary shall not implement, administer or enforce any regulation or policy prohibiting the use of exculpatory agreements between recreation service providers and their customers for services provided under a special recreation permit.
Sec. 2109 Streamlining of permitting process
added
added
Regulations— Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall revise part 251, subpart B, of title 36 Code of Federal Regulations, and the Secretary of the Interior shall revise subpart 2932, of title 43, Code of Federal Regulations, to streamline the processes for the issuance and renewal of outfitter and guide special use permits. Such amended regulations shall—
added
shorten application processing times and minimize application and administration costs; and
added
provide for the use of programmatic environmental assessments and categorical exclusions for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the issuance or renewal of outfitter and guide and similar recreation special use permits when the Secretary determines that such compliance is required, to the maximum extent allowable under applicable law, including, but not limited to, use of a categorical exclusion as provided under section 803(h)(3) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(3)).
added
Online applications— To the maximum extent practicable, where feasible and efficient, the Secretary shall make special recreation permit applications available to be filled out and submitted online.
Sec. 2110 Cost recovery reform
added
added
Regulatory process— Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall revise section 251.58 of title 36, Code of Federal Regulations, and the Secretary of the Interior shall revise section 2932.31(e) and (f) of title 43, Code of Federal Regulations, to reduce costs and minimize the burden of cost recovery on small businesses and adverse impacts of cost recovery on jobs in the outfitting and guiding industry and on rural economies provided, however, that nothing in the revised regulations shall further limit the Secretary’s authority to issue or renew recreation special use permits.
added
De minimis exemption—
added
Cost recovery limitation— Any regulations issued by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover processing costs for recreation special use applications and monitoring costs for recreation special use authorizations shall include an exemption providing that at least the first 50 hours of work necessary in any one year to process and/or monitor such an application shall not be subject to cost recovery. The application of a 50-hour credit per permit shall also apply to any monitoring fees on a per annum basis during the term of each permit.
added
Application of exemption— An exemption under paragraph (1) shall apply to the processing of each recreation special use permit application and monitoring of each recreation special use authorization for which cost recovery is required, including any application or authorization requiring more than 50 hours (or such other greater number of hours specified for exemption) to process or monitor. In the event that the amount of work required to process such an application or monitor such an authorization exceeds the specified exemption, the amount of work for which cost recovery is required shall be reduced by the amount of the exemption.
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Multiple applications— In situations involving multiple recreation special use applications for similar services in the same unit or area that require more than 50 hours (or such other greater number of hours specified for exemption) in the aggregate to process, the Secretary shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest—
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determine the share of the aggregate amount to be allocated to each application, on an equal or prorated basis, as appropriate; and
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for each application, apply a separate exemption of up to 50 hours (or such other greater number of hours specified for exemption) to the share allocated to such application.
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Cost reduction— The agency processing a recreation special use application shall utilize existing studies and analysis to the greatest extent practicable in order to reduce the amount of work and cost necessary to process the application.
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Limitation— The Secretary of the Interior and the Secretary of Agriculture may not recover as processing costs for recreation special use applications and monitoring costs for recreation special use authorizations any costs for consultations conducted under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) or for biological monitoring on Federal recreational lands and waters under such Act for listed, proposed, or candidate species.
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Waiver of cost recovery— The Secretary of the Interior and the Secretary of Agriculture may waive the recovery of costs for processing recreation special use permit applications and renewals, on a categorical or case-by-case basis as appropriate, if the Secretary determines that—
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such costs would impose a significant economic burden on any small business or category of small businesses;
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such cost recovery could threaten the ability of an applicant or permittee to provide, in a particular area, a particular outdoor recreational activity that is consistent with the public interest and with applicable resource management plans; or
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prevailing economic conditions are unfavorable, such as during economic recessions, or when drought, fire, or other natural disasters have depressed economic activity in the area of operation.
Sec. 2111 Extension of forest service recreation priority use permits
addedadded Where the holder of a special use permit for outfitting and guiding that authorizes priority use has submitted a request for renewal of such permit in accordance with applicable laws and regulations, the Secretary of Agriculture shall have the authority to grant the holder one or more extensions of the existing permit for additional items not to exceed 5 years in the aggregate, as necessary to allow the Secretary to complete the renewal process and to avoid the interruption of services under such permit. Before granting an extension under this section, the Secretary shall take all reasonable and appropriate steps to complete the renewal process before the expiration of the special use permit.
Sec. 2201 Definitions
addedadded In this title:
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Hunting— The term hunting means use of a firearm, bow, or other authorized means in the lawful pursuit, shooting, capture, collection, trapping, or killing of wildlife; attempt to pursue, shoot, capture, collect, trap, or kill wildlife; or the training and use of hunting dogs, including field trials.
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Recreational fishing— The term recreational fishing means the lawful pursuit, capture, collection, or killing of fish; or attempt to capture, collect, or kill fish.
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Forest plan— The term forest plan means a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
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National forest system— The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))
Sec. 2202 Hunting and recreational fishing within the National Forest System
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Prohibition of restrictions— The Secretary of Agriculture or Chief of the Forest Service may not establish policies, directives, or regulations that restrict the type, season, or method of hunting or recreational fishing on lands within the National Forest System that are otherwise open to those activities and are consistent with the applicable forest plan.
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Prior restrictions void— Any restrictions imposed by the Secretary of Agriculture or Chief of the Forest Service regarding the type, season, or method of hunting or recreational fishing on lands within the National Forest System that are otherwise open to those activities in force on the date of the enactment of this Act shall be void and have no force or effect.
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Applicability— This section shall apply only to—
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the Kisatchie National Forest in the State of Louisiana;
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the De Soto National Forest in the State of Mississippi; and
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the Ozark National Forest, the St. Francis National Forest, and the Ouachita National Forest in the States of Arkansas and Oklahoma.
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State authority— Nothing in this section, section 1 of the Act of June 4, 1897 (16 U.S.C. 551), or section 32 of the Act of July 22, 1937 (7 U.S.C. 1011) shall affect the authority of States to manage hunting or recreational fishing on lands within the National Forest System.