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Bill
Notes

H.R. 3879 — what changed

Simplifying Outdoor Access for Recreation Act

From Introduced in House to Reported in House. 3 sections amended, 19 added, and 8 removed between Introduced in House and Reported in House.

Section 1 Short title; table of contents

(a)
added Short title— This Act may be cited as the “Simplifying Outdoor Access for Recreation Act” or the “SOAR Act”.
(b)
added Table of contents— The table of contents of this Act is as follows:

removed This Act may be cited as the “Simplifying Outdoor Access for Recreation Act” or the “SOAR Act”.

Sec. 2 Definitions

In this Act:

(1)
removed 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 7(a).
(1)
renumbered was (4) 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)
added 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)
changed Lead agency—Secretaries— With respect to a single joint special recreation permit application submitted under section 7(a), Except as otherwise provided in this Act, the term lead agency means the Federal land management agency designated to administer the single joint special recreation permit under section 7(a)(2).Secretaries means—
(A)
added the Secretary of the Interior; and
(B)
added the Secretary of Agriculture.
(4)
removed Long-term special recreation permit— The term long-term special recreation permit means—
(A)
removed for a public land unit managed by the Forest Service, a priority use permit; and
(B)
removed for a public land unit managed by the Bureau of Land Management, a multiyear special recreation permit.
(5)
removed Multijurisdictional trip— The term multijurisdictional trip means a trip that—
(A)
removed uses 2 or more public land units; and
(B)
removed is under the jurisdiction of 2 or more Federal land management agencies.
(6)
removed Public land unit— The term public land unit means—
(A)
removed a unit of the National Forest System;
(B)
removed a unit of the National Park System;
(C)
removed a unit of the National Wildlife Refuge System;
(D)
removed a district of the Bureau of Land Management; and
(E)
removed a project of the Bureau of Reclamation.
(7)
removed Secretary concerned— The term Secretary concerned means—
(A)
removed the Secretary of Agriculture, with respect to a public land unit described in paragraph (6)(A); and
(B)
removed the Secretary of the Interior, with respect to a public land unit described in subparagraph (B), (C), (D), or (E) of paragraph (6).
(8)
removed 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. 3 Sense of Congress regarding outdoor recreation

added It is the sense of Congress that—

(a)
removed Definitions— Section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) is amended—
(1)
removed in paragraph (1), by striking “section 3(f)” and inserting “803(f)”;
(2)
removed in paragraph (2), by striking “section 3(g)” and inserting “section 803(g)”;
(3)
removed in paragraph (6), by striking “section 5” and inserting “section 805”;
(4)
removed in paragraph (9), by striking “section 5” and inserting “section 805”;
(5)
removed in paragraph (12), by striking “section 7” and inserting “section 807”;
(6)
removed in paragraph (13), by striking “section 3(h)” and inserting “section 803(h)”;
(7)
removed by redesignating paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), and (13) as paragraphs (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)
removed by inserting after paragraph (8) (as so redesignated) the following:

removed “(9) Recreation service provider—The term recreation service provider means an individual or entity that—

removed “(A) provides outfitting, guiding, or other recreation services; or

removed “(B) conducts recreational or competitive events, including incidental sales.”

(9)
removed by inserting after paragraph (12) the following:

removed “(13) Special recreation permit—The term special recreation permit means—

removed “(A) with respect to the Forest Service, an outfitting and guiding special use permit;

removed “(B) with respect to the National Park Service, a commercial use authorization for outfitting and guiding issued under—

removed “(i) this Act; or

removed “(ii) section 101925 of title 54, United States Code;

removed “(C) with respect to the United States Fish and Wildlife Service, a special use permit for recreational, sport fishing, or hunting outfitting and guiding;

removed “(D) with respect to the Bureau of Land Management, a special recreation permit for commercial outfitting and guiding; and

removed “(E) with respect to the Bureau of Reclamation, a use authorization for guiding, outfitting, or other recreational services.”

(1)
changed Special recreation permit and fee— Section 803 of outdoor recreation and the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended—outdoor industry that outdoor recreation supports are vital to the United States;
(1)
removed in subsection (b)(5), by striking “section 4(d)” and inserting “section 804(d)”; and
(2)
removed by striking subsection (h) and inserting the following:

removed “(h) Special recreation permit and fee

removed “(1) Special recreation permit—The Secretary may issue a special recreation permit for specialized individual or group uses of Federal recreational lands and waters, including—

removed “(A) for outfitting, guiding, or other recreation services;

removed “(B) for recreation or competitive events, which may include incidental sales;

removed “(C) for the use of—

removed “(i) a special area; or

removed “(ii) an area in which use is allocated;

removed “(D) for motorized recreational vehicle use; and

removed “(E) for a group activity or event.

removed “(2) Special recreation permit fee

removed “(A) In general—The Secretary may charge a special recreation permit fee in connection with the issuance of a special recreation permit under paragraph (1).

removed “(B) Fees for certain lands

removed “(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 between—

removed “(I) the sum of—

removed “(aa) 3 percent of the annual gross revenue of the recreation service provider for all activities authorized by the special recreation permit; and

removed “(bb) any applicable revenue addition; and

removed “(II) any applicable revenue exclusion.

removed “(ii) Exclusion of certain revenues and payments—In calculating the amount of a fee for a special recreation permit under clause (i), the Secretary concerned shall exclude—

removed “(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 permit, including transportation costs, lodging, and any other service before or after a trip; and

removed “(II) revenue from any recreational services provided by a special recreation permit holder for activities on Federal recreational lands and waters for which a separate permit is issued.

removed “(iii) Alternative per-person fee

removed “(I) In general—For 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, the Secretary may charge a per-person fee in connection with the issuance of a special recreation permit under paragraph (1).

removed “(II) Amount of fee—The total amount charged by the Secretary in connection with the issuance of a special recreation permit under paragraph (1) using a per-person fee under subclause (I) shall be comparable to the amount the Secretary may charge for a special recreation permit fee under subparagraph (A) and clauses (i) and (ii).

removed “(iv) Effect—Nothing in this subparagraph affects any fee for a commercial use authorization for use of Federal recreational lands and waters managed by the National Park Service.

removed “(C) Disclosure of fees—A special recreation permit holder may inform customers of any fee charged by the Secretary under this section.

removed “(3) Reports

removed “(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).

removed “(B) Requirements—The report under subparagraph (A) shall include a description of how the fees are used in each public land unit (as defined in section 2 of the SOAR Act) administered by the Secretary, including an identification of the amounts used for specific activities within the public land unit.”

(2)
changed Use of special recreation permit revenue— Section 808 of the access to outdoor recreation on Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) recreational lands and waters is amended—important to the health and wellness of all people of the United States, especially young people;
(1)
removed in subsection (a)(3)(F), by striking “section 6(a)” and inserting “section 806(a)”;
(2)
removed in subsection (d), by striking “section 5” each place it appears and inserting “section 805”;
(3)
removed by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and
(4)
removed by inserting after subsection (a) the following:

removed “(b) Use of special recreation permit fee revenue—Revenue from a special recreation permit fee may be used for—

removed “(1) the purposes described in subsection (a); and

removed “(2) expenses—

removed “(A) associated with processing applications for special recreation permits; and

removed “(B) incurred in the improvement of the operation of the special recreation permit system.”

(3)
changed Permanent authorization— Section 810 in addition to the overall economic benefit of outdoor recreation, the economic benefits of outdoor recreation on Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended—recreational lands and waters creates significant economic and employment benefits to rural economies;
(4)
added 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 examples in the States of Colorado, Utah, and Washington;
(5)
added State and local recreation and tourism offices play a pivotal role in—
(A)
added coordinating State outdoor recreation policies, management, and promotion among Federal, State, and local agencies and entities;
(B)
added disseminating information, increasing awareness, and growing demand for outdoor recreation experiences among visitors across the United States and throughout the world;
(C)
added improving funding for, access to, and participation in outdoor recreation; and
(D)
added promoting economic development in the State by coordinating with stakeholders, improving recreational opportunities, and recruiting outdoor recreation businesses;
(6)
added it is vital—
(A)
added to support the coordination and collaboration 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)
added provide adequate staffing within Federal land management agencies to facilitate sustainable and accessible outdoor recreation opportunities; and
(7)
added volunteers and volunteer partnerships play an important role in maintaining public land.
(1)
removed by striking “The authority” and inserting the following:

removed “(a) In general—Except as provided in subsection (b), the authority”

(2)
removed by adding at the end the following:

removed “(b) Applicability—Subsection (a) shall not apply to—

removed “(1) section 802;

removed “(2) subsection (d)(2) or (h) of section 803; or

removed “(3) subsection (a) or (b) of section 808.”

Sec. 4 Permitting process improvements

removed
(a)
removed In general— To simplify the process of the issuance and renewal of special recreation permits and reduce the cost of administering special recreation permits, the Secretary concerned shall—
(1)
removed not later than 180 days after the date of enactment of this Act—
(A)
removed evaluate the special recreation permitting process; and
(B)
removed identify opportunities—
(i)
removed to eliminate duplicative processes;
(ii)
removed to reduce costs; and
(iii)
removed to decrease processing times; and
(2)
removed not later than 180 days after the date on which the Secretary concerned completes the evaluation 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)
removed Environmental reviews—
(1)
removed In general— In issuing or renewing a special recreation permit, the Secretary concerned may, in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)—
(A)
removed use a programmatic environmental review; and
(B)
removed adopt or incorporate material from a previous environmental impact statement or environmental assessment.
(2)
removed Rulemaking— Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall promulgate such regulations as are necessary to carry out this subsection.
(c)
removed Categorical exclusions—
(1)
removed In general— Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall—
(A)
removed evaluate whether 1 or more additional categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) would reduce processing times or costs for the issuance or renewal of special recreation permits without significantly affecting the human environment; and
(B)
removed if the Secretary concerned determines under subparagraph (A) that 1 or more additional categorical exclusions would reduce processing times or costs for the issuance or renewal of special recreation permits without significantly affecting the human environment—
(i)
removed establish those categorical exclusions in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(ii)
removed revise relevant agency regulations and policy statements to implement those categorical exclusions.
(2)
removed Administration—
(A)
removed In general— In administering a categorical 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 regulations promulgated pursuant to that Act).
(B)
removed Extraordinary circumstances— In determining whether to use a categorical exclusion established under paragraph (1)(B), the Secretary concerned shall apply the extraordinary circumstances procedures described in—
(i)
removed section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation); and
(ii)
removed as applicable—
(I)
removed section 220.6 of title 36, Code of Federal Regulations (or a successor regulation); and
(II)
removed section 46.215 of title 43, Code of Federal Regulations (or a successor regulation).
(d)
removed Needs assessments— Except as required under subsection (c) or (d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit for a public land unit under this Act.
(e)
removed Online applications— The Secretary concerned shall make applications for special recreation permits 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 accessibility of the permitting process.

Sec. 5 Permit flexibility

removed
(a)
removed Similar activities— The Secretary concerned shall establish a permit administration protocol that authorizes, 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 Enhancement Act (16 U.S.C. 6802(h)) 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)
removed is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit;
(2)
removed does not result in a greater impact on natural and cultural resources than the authorized activity; and
(3)
removed does not adversely affect any other permittee issued a special recreation permit for a public land unit under that subsection.
(b)
removed 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 permittee.
(c)
removed Forest Service and Bureau of Land Management temporary special recreation permits—
(1)
removed In general— Not later than 180 days after the date of enactment of this Act, the Secretary concerned 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)
removed Term of temporary permits— A temporary special recreation permit issued under paragraph (1) shall be issued for a period of not more than 2 years.
(3)
removed Conversion to long-term permit— If the Secretary concerned determines that a permittee under paragraph (1) has completed 2 years of satisfactory operation under the permit proposed to be converted, the Secretary may provide for the conversion of a temporary special recreation permit issued under paragraph (1) to a long-term special recreation permit.
(4)
removed 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 Enhancement Act (16 U.S.C. 6802).

Sec. 6 Permit administration

removed
(a)
removed Permit availability—
(1)
removed Notification of permit availability—
(A)
removed 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 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 shall publish that information on the website of the agency that administers the relevant public land unit.
(B)
removed Exception for certain permits— With respect to a public land unit managed by the Forest Service or the Bureau of Land Management, subparagraph (A) shall apply only to a long-term special recreation permit for the public land unit.
(C)
removed Exception for renewals and reissuances— Subparagraph (A) shall not apply to—
(i)
removed a renewal or reissuance of an existing special recreation permit; or
(ii)
removed a new special recreation permit issued to the purchaser of a recreation service provider that is the holder of an existing special recreation permit.
(D)
removed Effect— Nothing in this paragraph creates a prerequisite to the issuance of a special recreation permit or otherwise limits the authority of the Secretary concerned—
(i)
removed to issue a new special recreation permit; or
(ii)
removed to add a new or additional use to an existing special recreation permit.
(2)
removed Updates— The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public.
(3)
removed Electronic mail notification— The Secretary concerned shall—
(A)
removed establish a system by which potential special recreation permit applicants may subscribe to receive notification of the availability of special recreation permits by electronic mail; and
(B)
removed 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)
removed Permit application acknowledgment— Not later than 60 days after the date on which the Secretary concerned receives an application for a special recreation permit for a public land unit, the Secretary concerned shall—
(1)
removed provide to the applicant notice acknowledging receipt of the application; and
(2)
removed
(A)
removed issue a final decision with respect to the application; or
(B)
removed provide to the applicant notice of a projected date for a final decision on the application.

Sec. 7 Permits for multijurisdictional trips

removed
(a)
removed Single joint special recreation permits—
(1)
removed In general— In the case of a multijurisdictional trip, the Federal land management agencies 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 Federal land management agencies.
(2)
removed 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)
removed The length of the multijurisdictional trip and the relative portions of the multijurisdictional trip on each public land unit.
(B)
removed The congressional or administrative designations that apply to the areas to be used during the multijurisdictional trip and the degree to which those designations impose limitations on recreational use.
(C)
removed 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)
removed Other relevant administrative considerations.
(3)
removed Application— An applicant desiring to be offered a single joint special recreation permit under paragraph (1) shall submit to the lead agency an application, as required by the lead agency.
(4)
removed Option to apply for separate permits— An applicant for a special recreation permit for a multijurisdictional trip may apply to each applicable Federal land management agency for a separate permit for the portion of the multijurisdictional trip on the public land unit managed by each applicable Federal land management agency.
(b)
removed Requirements— In issuing a single joint special recreation permit under subsection (a), the lead agency shall—
(1)
removed coordinate with each associated agency, consistent 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)
removed in processing the joint special recreation permit application, incorporate the findings, interests, and needs of the associated agency;
(3)
removed 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)
removed complete the permitting process within a reasonable timeframe.
(c)
removed Cost recovery— The coordination with the associated agency under subsection (b) shall not be subject to cost recovery.
(d)
removed Enforcement authority—
(1)
removed Delegation of authority to lead agency— In administering a single joint special recreation permit under subsection (a), the associated agency shall delegate to the lead agency the authority—
(A)
removed to enforce the terms, stipulations, conditions, and agreements of the joint special recreation permit, as may be required by the regulations of the Secretary of the associated agency; and
(B)
removed to suspend, terminate, or revoke the joint special recreation permit for—
(i)
removed noncompliance with Federal, State, or local laws and regulations;
(ii)
removed noncompliance with the terms of the joint special recreation permit; or
(iii)
removed failure of the holder of the joint special recreation permit to exercise the privileges granted by the joint special recreation permit.
(2)
removed Retention of authority by the associated agency— The associated agency shall retain the authority to enforce the terms, stipulations, conditions, and agreements in the joint special recreation permit that apply specifically to the use occurring on the public land unit managed by the associated agency.
(e)
removed Withdrawal—
(1)
removed In general— The lead agency or an associated agency may withdraw from a joint special recreation permit at any time.
(2)
removed Issuance of separate permits—
(A)
removed In general— In the case of a withdrawal by 1 or more agencies under paragraph (1), if the holder of the joint special recreation permit is in compliance with the requirements of the joint special recreation permit, the lead agency and each associated agency shall issue to the holder of the joint special recreation permit a new, separate special recreation permit for any use occurring on the public land unit managed by the agency.
(B)
removed Requirements— A special recreation permit issued under subparagraph (A) shall contain the same or substantially similar terms, conditions, and operating stipulations as the joint special recreation permit from which an agency has withdrawn under paragraph (1).
(C)
removed No new application— The holder of a joint special recreation permit from which an agency has withdrawn under paragraph (1) shall not be required to submit a new application for a separate special recreation permit under subparagraph (A).

Sec. 8 Forest Service permit use reviews

removed
(a)
removed In general— If the Secretary of Agriculture (referred to in this section as the “Secretary”) conducts a special recreation permit use review in renewing a special recreation permit or adjusting allocations of use in a special recreation permit, the Secretary shall—
(1)
removed take into consideration the performance of the special recreation permit holder during the reviewed period; and
(2)
removed if the special recreation permit holder receives 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 allocated to the special recreation permit holder on the date on which the special recreation permit was issued.
(b)
removed Additional capacity—
(1)
removed In general— If additional use capacity is available, the Secretary may, at any time, assign the remaining use to 1 or more qualified recreation service providers.
(2)
removed Assignment not subject to cap on use— Notwithstanding subsection (a), in assigning additional use capacity under paragraph (1), the Secretary may assign additional use capacity to an existing special recreation permit holder even if that assignment would exceed the amount of use allocated to the special recreation permit holder on the date on which the special recreation permit was issued.
(c)
removed 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 circumstance beyond the control of the special recreation permit holder, such as—
(1)
removed unfavorable weather;
(2)
removed fire;
(3)
removed natural disaster;
(4)
removed wildlife displacement;
(5)
removed business interruption;
(6)
removed insufficient availability of hunting and fishing licenses; or
(7)
removed significant seasonal variability or off-peak periods within the allocated period of use.
(d)
removed Approval of non-Use—
(1)
removed In general— In any circumstance for which the holder of a special recreation permit would qualify for a waiver under subsection (c), on request of the holder of the special recreation permit, the Secretary may approve non-use by the holder of the special recreation permit without reducing the number of service days assigned to the special recreation permit.
(2)
removed Reallocation of use— The Secretary may assign any period of non-use approved under paragraph (1) to another qualified recreation service provider.

Sec. 9 Liability

removed
(a)
removed In general— To the extent authorized by applicable State law, the Secretary concerned shall authorize a permittee issued a special recreation permit for a public land unit under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) to require a client of the permittee to sign a form that—
(1)
removed releases the permittee and any agents, employees, and other persons affiliated with the permittee from liability for ordinary negligence that arises out of or in connection with the authorized activities of the permittee;
(2)
removed requires the client to indemnify and hold harmless the permittee and any agents, employees, and other persons affiliated with the permittee for any injury or damages the permittee may sustain as a result of any claim other than gross negligence that is caused by or arises out of or in connection with the involvement of the client in the authorized activities of the permittee;
(3)
removed releases the United States and any agents, employees, and contractors of the United States from liability for ordinary negligence that arises out of or in connection with the authorized activities of the permittee; and
(4)
removed requires the client to indemnify and hold harmless the United States and any agents, employees, and contractors of the United States for any injury or damages the United States or any agents, employees, and contractors of the United States may sustain as a result of any claim other than gross negligence that is caused by or arises out of or in connection with the involvement of the client in the authorized activities of the permittee.
(b)
removed Requirements— A form under subsection (a)—
(1)
removed shall not preclude claims of gross negligence against the permittee;
(2)
removed shall not eliminate the obligation of the permittee to indemnify the United States unless the permittee is a recreation service provider that meets the requirements of paragraphs (1) and (2) of subsection (c);
(3)
removed shall not affect the ability of the United States to recover as an additional insured under any insurance policy obtained by the permittee in connection with the authorized activities of the permittee;
(4)
removed shall identify the State under the laws of which—
(A)
removed the form, including any waiver or release, shall be enforced; and
(B)
removed any claim or cause of action, whether in tort or in contract, relating to or arising out of the form shall be governed; and
(5)
removed may be subject to review and approval by the Secretary concerned to ensure that the requirements of this subsection and subsection (a) are met.
(c)
removed Indemnification by government entities— The Secretary concerned may not require a recreation service provider to indemnify the United States as a condition for issuing a special recreation permit for a public land unit under this Act if—
(1)
removed the recreation service provider is prohibited by State or local law from providing indemnification to the United States; and
(2)
removed the recreation service provider—
(A)
removed carries the minimum amount of liability insurance coverage required by the issuing agency for the activities conducted under the special recreation permit; or
(B)
removed is self-insured for the same amount.

Sec. 10 Cost recovery reform

removed
(a)
removed Revision of regulations—
(1)
removed In general— Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall revise section 251.58 of title 36, Code of Federal Regulations, and the Secretary of the Interior shall revise subsections (e) and (f) of section 2932.31 of title 43, Code of Federal Regulations, to be consistent with this section.
(2)
removed 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 Secretary concerned to issue or renew special recreation permits.
(b)
removed De minimis exemption from cost recovery—
(1)
removed In general— Any regulation promulgated by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover the costs of processing an application for a special recreation permit or monitoring an authorization under a special recreation permit shall include an exemption providing that fees may not be recovered for not less than the first 50 hours of work necessary in any 1 year to process the application or monitor the authorization.
(2)
removed Multiple applications— In situations involving multiple applications for special recreation permits 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 of the Interior or the Secretary of Agriculture, as applicable, shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest—
(A)
removed determine the share of the aggregate quantity of hours to be allocated to each application on an equal or prorated basis, as appropriate; and
(B)
removed for each application, apply a separate exemption as specified in the regulations promulgated under paragraph (1) to the share of the aggregate hours allocated to the application.
(c)
removed Cost reduction— To the maximum extent practicable, 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. 11 Extension of special recreation permits

removed
(a)
removed In general— Subject to subsection (b), if the holder of a long-term special recreation permit makes a timely and sufficient request for renewal of the long-term special recreation permit, the expiration of the permit shall be tolled in accordance with the undesignated matter following section 558(c)(2) of title 5, United States Code, until such time as the request for renewal has been finally determined by the Secretary concerned.
(b)
removed Limitation— Any tolling under subsection (a) shall be for a period of not more than 5 years.
(c)
removed Responsibility of the Secretary concerned— 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. 101 Definitions

added

added In this title:

(1)
added 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.
(2)
added 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)
added Long-term special recreation permit— The term “long-term special recreation permit” means—
(A)
added for a public land unit managed by the Forest Service, a priority use permit; and
(B)
added for a public land unit managed by the Bureau of Land Management, a multiyear special recreation permit.
(4)
added Multijurisdictional trip— The term “multijurisdictional trip” means a trip that—
(A)
added uses 2 or more public land units; and
(B)
added is under the jurisdiction of 2 or more Federal land management agencies.
(5)
added Public land unit— The term “public land unit” means—
(A)
added a unit of the National Forest System;
(B)
added a unit of the National Park System;
(C)
added a unit of the National Wildlife Refuge System;
(D)
added a district of the Bureau of Land Management; and
(E)
added a project of the Bureau of Reclamation.
(6)
added Secretary concerned— The term “Secretary concerned” means—
(A)
added the Secretary of Agriculture, with respect to a public land unit described in paragraph (5)(A); and
(B)
added the Secretary of the Interior, with respect to a public land unit described in subparagraph (B), (C), (D), or (E) of paragraph (5).
(7)
added 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

added
(a)
added Definitions— Section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) is amended—
(1)
added in paragraph (1), by striking “section 3(f)” and inserting “section 803(f)”;
(2)
added in paragraph (2), by striking “section 3(g)” and inserting “section 803(g)”;
(3)
added in paragraph (6), by striking “section 5” and inserting “section 805”;
(4)
added in paragraph (9), by striking “section 5” and inserting “section 805”;
(5)
added in paragraph (12), by striking “section 7” and inserting “section 807”;
(6)
added in paragraph (13), by striking “section 3(h)” and inserting “section 803(h)”;
(7)
added by redesignating paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), and (13) as paragraphs (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)
added by inserting after paragraph (8) (as so redesignated) the following:

added “(9) Recreation service provider—The term “recreation service provider” means an individual or entity that—

added “(A) provides outfitting, guiding, or other recreation services; or

added “(B) conducts recreational or competitive events, including incidental sales.”

(9)
added by inserting after paragraph (12) the following:

added “(13) Special recreation permit—The term “special recreation permit” means a permit issued by a Federal Land Management Agency for specialized individual or group uses of Federal recreational lands and waters, including—

added “(A) for outfitting, guiding, or other recreation services;

added “(B) for recreation or competitive events, which may include incidental sales;

added “(C) for the use of—

added “(i) a special area; or

added “(ii) an area in which use is allocated;

added “(D) for motorized recreational vehicle use in compliance with an applicable travel management plan or other regulation; and

added “(E) for a group activity or event.”

(b)
added Special recreation permit and fee— Section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended—
(1)
added in subsection (b)(5), by striking “section 4(d)” and inserting “section 804(d)”; and
(2)
added by striking subsection (h) and inserting the following:

added “(h) Special recreation permit and fee

added “(1) Special recreation permit—The Secretary may issue a special recreation permit for specialized individual or group uses of Federal recreational lands and waters as defined in section 802(13) of this Act (16 U.S.C. 6801).

added “(2) Special recreation permit fee

added “(A) In general—The Secretary may charge a special recreation permit fee in connection with the issuance of a special recreation permit under paragraph (1).

added “(B) Fees for certain lands

added “(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 between—

added “(I) the sum of—

added “(aa) 3 percent of the annual gross revenue of the recreation service provider for all activities authorized by the special recreation permit; and

added “(bb) any applicable revenue addition; and

added “(II) any applicable revenue exclusion.

added “(ii) Exclusion of certain revenues and payments—In calculating the amount of a fee for a special recreation permit under clause (i), the Secretary concerned shall exclude—

added “(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 permit, including transportation costs, lodging, and any other service before or after a trip; and

added “(II) revenue from any recreational services provided by a special recreation permit holder for activities on Federal recreational lands and waters for which a separate permit is issued.

added “(iii) Alternative per-person fee

added “(I) In general—For 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, the Secretary may charge a per-person fee in connection with the issuance of a special recreation permit under paragraph (1).

added “(II) Amount of fee—The total amount charged by the Secretary in connection with the issuance of a special recreation permit under paragraph (1) using a per-person fee under subclause (I) shall not exceed the amount the Secretary may charge for a special recreation permit fee under subparagraph (A) and clauses (i) and (ii).

added “(iv) Effect—Nothing in this subparagraph affects any fee for a commercial use authorization for use of Federal recreational lands and waters managed by the National Park Service.

added “(C) Disclosure of fees—A special recreation permit holder may inform customers of any fee charged by the Secretary under this section.

added “(3) Reports

added “(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).

added “(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) administered by the Secretary, including an identification of the amounts used for specific activities within the public land unit.”

(c)
added Use of special recreation permit revenue— Section 808 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended—
(1)
added in subsection (a)(3)(F), by striking “section 6(a)” and inserting “section 806(a)”;
(2)
added in subsection (d), by striking “section 5” each place it appears and inserting “section 805”;
(3)
added by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and
(4)
added by inserting after subsection (a) the following:

added “(b) Use of special recreation permit fee revenue—Revenue from a special recreation permit fee may be used for—

added “(1) the purposes described in subsection (a); and

added “(2) expenses—

added “(A) associated with processing applications for special recreation permits; and

added “(B) incurred in the improvement of the operation of the special recreation permit system.”

(d)
added Permanent authorization— Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended—
(1)
added by striking “The authority” and inserting the following:

added “(a) In general—Except as provided in subsection (b), the authority”

(2)
added by adding at the end the following:

added “(b) Applicability—Subsection (a) shall not apply to—

added “(1) section 802;

added “(2) subsection (d)(2) or (h) of section 803; or

added “(3) subsection (a), (b) or (c) of section 808.”

Sec. 103 Permitting process improvements

added
(a)
added In general— To simplify the process of the issuance and renewal of special recreation permits and reduce the cost of administering special recreation permits, the Secretary concerned shall—
(1)
added not later than 180 days after the date of enactment of this Act—
(A)
added evaluate the special recreation permitting process; and
(B)
added identify opportunities—
(i)
added to eliminate duplicative processes;
(ii)
added to reduce costs; and
(iii)
added to decrease processing times; and
(2)
added not later than 180 days after the date on which the Secretary concerned completes the evaluation 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)
added Categorical exclusions—
(1)
added In general— Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall—
(A)
added evaluate whether 1 or more additional categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) would reduce processing times or costs for the issuance or renewal of special recreation permits without significantly affecting the human environment; and
(B)
added if the Secretary concerned determines under subparagraph (A) that 1 or more additional categorical exclusions would reduce processing times or costs for the issuance or renewal of special recreation permits without significantly affecting the human environment—
(i)
added establish those categorical exclusions in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii)
added fully document that a category of actions will not individually or cumulatively have a significant effect on the human environment; and
(iii)
added revise relevant agency regulations and policy statements to implement those categorical exclusions.
(2)
added Administration—
(A)
added In general— In administering a categorical 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 regulations promulgated pursuant to that Act).
(B)
added Extraordinary circumstances— In determining whether to use a categorical exclusion established under paragraph (1)(B), the Secretary concerned shall apply, as applicable, the extraordinary circumstances procedures described in—
(i)
added section 220.6 of title 36, Code of Federal Regulations (or a successor regulation); and
(ii)
added section 46.215 of title 43, Code of Federal Regulations (or a successor regulation).
(c)
added Needs assessments— Except as required under subsection (c) or (d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit for a public land unit under this Act.
(d)
added Online applications— The Secretary concerned shall make applications for special recreation permits 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 accessibility of the permitting process.

Sec. 104 Permit flexibility

added
(a)
added Similar activities— The Secretary concerned shall establish a permit administration protocol that authorizes, 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 Enhancement Act (16 U.S.C. 6802(h)) 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)
added is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit;
(2)
added does not result in a greater impact on natural and cultural resources than the authorized activity;
(3)
added does not adversely affect any other permittee issued a special recreation permit for a public land unit under that subsection;
(4)
added does not involve the use of a motor, including an electric motor, for a previously non-motorized use; and
(5)
added is consistent with any laws and regulations (including land use or management plans) applying to a public land unit.
(b)
added 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 permittee.
(c)
added Forest service and bureau of land management temporary special recreation permits—
(1)
added In general— Not later than 180 days after the date of enactment of this Act, the Secretary concerned 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)
added Term of temporary permits— A temporary special recreation permit issued under paragraph (1) shall be issued for a period of not more than 2 years.
(3)
added Conversion to long-term permit— If the Secretary concerned determines that a permittee under paragraph (1) has completed 2 years of satisfactory operation under the permit proposed to be converted, the Secretary may provide for the conversion of a temporary special recreation permit issued under paragraph (1) to a long-term special recreation permit.
(4)
added 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 Enhancement Act (16 U.S.C. 6802).

Sec. 105 Permit administration

added
(a)
added Permit availability—
(1)
added Notification of permit availability—
(A)
added 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 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 shall publish that information on the website of the agency that administers the relevant public land unit.
(B)
added Exception for certain permits— With respect to a public land unit managed by the Forest Service or the Bureau of Land Management, subparagraph (A) shall apply only to a long-term special recreation permit for the public land unit.
(C)
added Exception for renewals and reissuances— Subparagraph (A) shall not apply to—
(i)
added a renewal or reissuance of an existing special recreation permit; or
(ii)
added a new special recreation permit issued to the purchaser of a recreation service provider that is the holder of an existing special recreation permit.
(D)
added Effect— Nothing in this paragraph creates a prerequisite to the issuance of a special recreation permit or otherwise limits the authority of the Secretary concerned—
(i)
added to issue a new special recreation permit;
(ii)
added to add a new or additional use to an existing special recreation permit; or
(iii)
added to make special recreation permits available to members of the public.
(2)
added Updates— The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public.
(3)
added Electronic mail notification— The Secretary concerned shall—
(A)
added establish a system by which potential special recreation permit applicants may subscribe to receive notification of the availability of special recreation permits by electronic mail; and
(B)
added 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)
added Permit application acknowledgment— Not later than 60 days after the date on which the Secretary of the Interior receives a completed application or the Secretary of Agriculture receives a complete proposal for a special recreation permit for a public land unit, the Secretary concerned shall—
(1)
added provide to the applicant notice acknowledging receipt of the application or proposal; and
(2)
added
(A)
added issue a final decision with respect to the application or proposal; or
(B)
added provide to the applicant notice of a projected date for a final decision on the application or proposal.

Sec. 106 Permits for multijurisdictional trips

added
(a)
added Single joint special recreation permits—
(1)
added In general— In the case of a multijurisdictional trip, the Federal land management agencies 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 Federal land management agencies.
(2)
added 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)
added The length of the multijurisdictional trip and the relative portions of the multijurisdictional trip on each public land unit.
(B)
added The congressional or administrative designations that apply to the areas to be used during the multijurisdictional trip and the degree to which those designations impose limitations on recreational use.
(C)
added 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)
added Other relevant administrative considerations.
(3)
added Application— An applicant desiring to be offered a single joint special recreation permit under paragraph (1) shall submit to the lead agency an application, as required by the lead agency.
(4)
added Option to apply for separate permits— An applicant for a special recreation permit for a multijurisdictional trip may apply to each applicable Federal land management agency for a separate permit for the portion of the multijurisdictional trip on the public land unit managed by each applicable Federal land management agency.
(5)
added Prohibitions— Nothing in this section shall be construed to allow an activity that would otherwise be prohibited on the public land unit where the activity would take place.
(b)
added Requirements— In issuing a single joint special recreation permit under subsection (a), the lead agency shall—
(1)
added coordinate with each associated agency, consistent 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)
added in processing the joint special recreation permit application, incorporate the findings, interests, and needs of the associated agency;
(3)
added 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)
added complete the permitting process within a reasonable timeframe.
(c)
added Cost recovery— The coordination with the associated agency under subsection (b) shall not be subject to cost recovery.
(d)
added Enforcement authority—
(1)
added Delegation of authority to lead agency— In administering a single joint special recreation permit under subsection (a), the associated agency shall delegate to the lead agency the authority—
(A)
added to enforce the terms, stipulations, conditions, and agreements of the joint special recreation permit, as may be required by the regulations of the Secretary of the associated agency; and
(B)
added to suspend, terminate, or revoke the joint special recreation permit for—
(i)
added noncompliance with Federal, State, or local laws and regulations;
(ii)
added noncompliance with the terms of the joint special recreation permit; or
(iii)
added failure of the holder of the joint special recreation permit to exercise the privileges granted by the joint special recreation permit.
(2)
added Retention of authority by the associated agency— The associated agency shall retain the authority to enforce the terms, stipulations, conditions, and agreements in the joint special recreation permit that apply specifically to the use occurring on the public land unit managed by the associated agency.
(e)
added Withdrawal—
(1)
added In general— The lead agency or an associated agency may withdraw from a joint special recreation permit at any time.
(2)
added Issuance of separate permits—
(A)
added In general— In the case of a withdrawal by 1 or more agencies under paragraph (1), if the holder of the joint special recreation permit is in compliance with the requirements of the joint special recreation permit, the lead agency and each associated agency shall issue to the holder of the joint special recreation permit a new, separate special recreation permit for any use occurring on the public land unit managed by the agency.
(B)
added Requirements— A special recreation permit issued under subparagraph (A) shall contain the same or substantially similar terms, conditions, and operating stipulations as the joint special recreation permit from which an agency has withdrawn under paragraph (1).
(C)
added No new application— The holder of a joint special recreation permit from which an agency has withdrawn under paragraph (1) shall not be required to submit a new application for a separate special recreation permit under subparagraph (A).
(f)
added 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

added
(a)
added In general— If the Secretary of Agriculture (referred to in this section as the “Secretary”) conducts a special recreation permit use review in renewing a special recreation permit or adjusting allocations of use in a special recreation permit, the Secretary shall—
(1)
added take into consideration the performance of the special recreation permit holder during the reviewed period; and
(2)
added if the special recreation permit holder receives 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 allocated to the special recreation permit holder on the date on which the special recreation permit was issued.
(b)
added Additional capacity—
(1)
added In general— If additional use capacity is available the Secretary may, at any time, assign additional use capacity to 1 or more qualified recreation service providers.
(2)
added Assignment not subject to cap on use— Notwithstanding subsection (a), in assigning additional use capacity under paragraph (1), the Secretary may assign additional use capacity to an existing special recreation permit holder even if that assignment would exceed the amount of use allocated to the special recreation permit holder on the date on which the special recreation permit was issued.
(c)
added 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 circumstance beyond the control of the special recreation permit holder, such as—
(1)
added unfavorable weather;
(2)
added fire;
(3)
added natural disaster;
(4)
added wildlife displacement;
(5)
added business interruption;
(6)
added insufficient availability of hunting and fishing licenses; or
(7)
added significant seasonal variability or off-peak periods within the allocated period of use.
(d)
added Approval of non-use—
(1)
added In general— In any circumstance for which the holder of a special recreation permit would qualify for a waiver under subsection (c), on request of the holder of the special recreation permit, the Secretary may approve non-use by the holder of the special recreation permit without reducing the number of service days assigned to the special recreation permit.
(2)
added Temporary reassignment of use— The Secretary may temporarily assign any period of non-use approved under paragraph (1) to any other existing or potential permittee.

Sec. 108 Liability

added
(a)
added Exculpatory agreements—
(1)
added 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 recreation permit holder and a customer of the special recreation permit holder relating to services provided under a special recreation permit.
(2)
added Savings clause— Nothing in this subsection preempts, displaces, modifies, or eliminates any State law (including common law) regarding exculpatory agreements.
(b)
added Indemnification by government entities— The Secretary concerned may not require a recreation service 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 Recreation Enhancement Act (16 U.S.C. 6802(h)) if—
(1)
added the recreation service provider is prohibited by State or local law from providing indemnification to the United States; and
(2)
added the recreation service provider—
(A)
added carries the minimum amount of liability insurance coverage required by the issuing agency for the activities conducted under the special recreation permit; or
(B)
added is self-insured for the same amount.

Sec. 109 Cost recovery reform

added
(a)
added Revision of regulations—
(1)
added In general— Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall revise section 251.58 of title 36, Code of Federal Regulations, and the Secretary of the Interior shall revise subsections (e) and (f) of section 2932.31 of title 43, Code of Federal Regulations, to be consistent with this section.
(2)
added 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 Secretary concerned to issue or renew special recreation permits.
(b)
added De minimis exemption from cost recovery—
(1)
added In general— Any regulation promulgated by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover the costs of processing an application for a special recreation permit issued by the U.S. Forest Service or the Bureau of Land Management, or for monitoring an authorization under a special recreation permit issued by the U.S. Forest Service or the Bureau of Land Management, 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)
added Multiple applications— In situations involving multiple applications for special recreation permits issued by the U.S. Forest Service or the Bureau 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)
added determine the share of the aggregate quantity of hours to be allocated to each application on an equal or prorated basis, as appropriate; and
(B)
added for each application, apply a separate exemption as specified in the regulations promulgated under paragraph (1) to the share of the aggregate hours allocated to the application.
(c)
added Cost reduction— To the maximum extent practicable, 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

added
(a)
added In general— Subject to subsection (b), if the holder of a long-term special recreation permit makes a timely and sufficient request for renewal of the long-term special recreation permit, the expiration of the permit shall be tolled in accordance with the undesignated matter following section 558(c)(2) of title 5, United States Code, until such time as the request for renewal has been finally determined by the Secretary concerned.
(b)
added Limitation— Any tolling under subsection (a) shall be for a period of not more than 5 years.
(c)
added Responsibility of the secretary concerned— 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 recreation passes

added
(a)
added In general— The Federal Lands Recreation Enhancement Act is amended by inserting after section 805 (16 U.S.C. 6804) the following:

added “805A. Availability of Federal and State recreation passes

added “(a) Establishment of program

added “(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 recreation passes to allow a purchaser to buy a Federal recreation pass and a State recreation pass in the same transaction.

added “(2) Included passes—Passes covered by the program established under paragraph (1) include—

added “(A) an America the Beautiful—the National Parks and Federal Recreational Lands Pass under section 805; and

added “(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.

added “(b) Agreements with states

added “(1) In general—The Secretaries, after consultation with the States, may enter into agreements with States to coordinate the availability of passes as described in subsection (a).

added “(2) Revenue from pass sales—The agreements between the Secretaries and the States shall ensure that—

added “(A) funds from the sale of State passes are transferred to the appropriate State agency;

added “(B) funds from the sale of Federal passes are transferred to the appropriate Federal agency; and

added “(C) fund transfers are completed by the end of a fiscal year for all pass sales occurring during the fiscal year.

added “(3) Notice—In entering into an agreement under paragraph (1), the Secretaries shall publish in the Federal Register a notice describing the agreement.”

(b)
added Clerical amendment— The table of contents for the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) is amended by inserting after the item relating to section 805 the following:

Sec. 112 Online purchases of America the Beautiful—The National Parks and Federal Recreational Lands Pass

added
(a)
added In general— Section 805(a)(6) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(a)(6)) is amended by striking subparagraph (A) and inserting the following:

added “(A) In general—The Secretaries shall sell the America the Beautiful—the National Parks and Federal Recreational Lands Pass—

added “(i) at all Federal recreational lands and waters at which an entrance fee or a standard amenity recreation fee is charged where feasible to do so;

added “(ii) at such other locations as the Secretaries consider appropriate and feasible; and

added “(iii) through the website of each of the Federal land management agencies and the websites of the relevant units and subunits of those agencies, with—

added “(I) a prominent link on each website; and

added “(II) information about where and when passes are needed.”

(b)
added Entrance pass and amenity fees— The Secretaries shall make available for payment online, if appropriate and feasible, for each public land unit where passes and fees are required—
(1)
added all entrance fees under section 803(e) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(e));
(2)
added all standard amenity recreation fees under section 803(f) of that Act (16 U.S.C. 6802(f)); and
(3)
added all expanded amenity recreation fees under section 803(g) of that Act (16 U.S.C. 6802(g)).

Sec. 201 Access for servicemembers and veterans

added
(a)
added In general— The Secretaries are encouraged to work with the Secretary of Defense and the Secretary of Veterans Affairs to ensure servicemembers and veterans have access to outdoor recreation and to outdoor-related volunteer and wellness programs as a part of the basic services provided to servicemembers and veterans.
(b)
added Inclusion of information— Each branch of the Armed Forces is encouraged to include information regarding outdoor recreation and outdoors-based careers in the materials and counseling services focused on resilience and career readiness provided in transition programs, including—
(1)
added the benefits of outdoor recreation for physical and mental health;
(2)
added resources to access guided outdoor trips and other outdoor programs connected to the Department of Veterans Affairs; and
(3)
added information regarding programs and jobs focused on continuing national service such as the Public Land Corps, AmeriCorps, or a conservation corps program.
(c)
added Outdoor recreation program attendance— Each branch of the Armed Forces is encouraged to permit members of the Armed Forces on active duty status, at the discretion of the commander of the member, to use not more than 7 days of a permissive temporary duty assignment or terminal leave allotted to the member to participate in a program related to environmental stewardship or guided outdoor recreation following deployment.
(d)
added Veteran hiring— The Secretaries are strongly encouraged to hire veterans in all positions related to the management of Federal recreational lands and waters.

Sec. 301 Extension of seasonal recreation opportunities

added
(a)
added In general—
(1)
added Extension of Recreational Season— The relevant unit managers of Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, and the National Park Service may—
(A)
added identify areas of Federal recreational lands and waters in which recreation use is highly seasonal;
(B)
added where appropriate, extend the recreation season or increase recreation use in a sustainable manner during the offseason; and
(C)
added make information about extended season schedules and related recreational opportunities available to the public and local communities.
(2)
added Clarification— Nothing in this subsection precludes the Secretaries from providing for additional recreational opportunities and uses at times other than those referred to in paragraph (1).
(b)
added Inclusions— An extension under subsection (a)(1) may include—
(1)
added the addition of facilities that would increase recreation use during the offseason; and
(2)
added improvement of access to the area to extend the season.
(c)
added Requirement— An extension under subsection (a)(1) shall be compatible with all applicable Federal laws, regulations, and policies, including land use plans.

Sec. 302 Recreation performance metrics

added
(a)
added In general— The Chief of the Forest Service and the Director of the Bureau of Land Management shall evaluate land managers under their jurisdiction based on the achievement of applicable agency recreational and tourism metrics as described in applicable land management plans.
(b)
added Metrics—
(1)
added In general— The metrics used to evaluate recreation and tourism outcomes shall ensure—
(A)
added the advancement of recreation and tourism goals; and
(B)
added the ability of the land manager to enhance the outdoor experience of the visitor.
(2)
added Inclusions— The metrics referred to in paragraph (1) shall include—
(A)
added the extent of positive economic impacts;
(B)
added visitation by families;
(C)
added the number of visiting school and youth groups;
(D)
added the number of available recreational opportunities;
(E)
added the quality of visitor experience;
(F)
added the number of recreational and environmental educational programs offered;
(G)
added visitor satisfaction; and
(H)
added the maintenance and expansion of existing recreation infrastructure.

Sec. 303 Recreation mission

added
(a)
added Definition of Federal agency— In this section, the term Federal agency means each of—
(1)
added the Corps of Engineers;
(2)
added the Bureau of Reclamation;
(3)
added the Federal Energy Regulatory Commission; and
(4)
added the Department of Transportation.
(b)
added Mission— With respect to the mission of the Federal agency, each Federal agency shall consider how land and water management decisions can enhance recreation opportunities and the recreation economy.

Sec. 401 Private-sector volunteer enhancement program

added
(a)
added Purpose— The purpose of this section is to promote private-sector volunteer programs within the Department of the Interior and the Department of Agriculture to enhance stewardship, recreation access, and sustainability of the resources, values, and facilities of the Federal recreational lands and waters managed by the Federal land management agencies.
(b)
added Definitions— In this section:
(1)
added Secretary concerned— The term Secretary concerned means—
(A)
added the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and
(B)
added the Secretary of the Interior, with respect to land managed by the Bureau of Land Management.
(2)
added Volunteer— The term volunteer means any individual who performs volunteer services under this section.
(c)
added Establishment— The Secretary concerned shall carry out a program under which the Secretary concerned shall—
(1)
added enhance private-sector volunteer programs;
(2)
added actively promote private-sector volunteer opportunities; and
(3)
added provide outreach to, and coordinate with, the private sector for the purposes described in paragraphs (1) and (2).
(d)
added Cooperative agreements for stewardship of Federal land—
(1)
added Authority to enter into agreements— The Secretary concerned may enter into cooperative agreements (in accordance with section 6305 of title 31, United States Code) with private agencies, organizations, institutions, corporations, individuals, or other entities to carry out one or more projects or programs with a Federal land management agency in accordance with this section.
(2)
added Project and program instructions— The Secretary concerned shall include in the cooperative agreement the desired outcomes of the project or program and the guidelines for the volunteers to follow, including—
(A)
added the physical boundaries of the project or program;
(B)
added the equipment the volunteers are authorized to use to complete the project or program;
(C)
added the training the volunteers are required to complete, including agency consideration and incorporation of training offered by qualified nongovernmental organizations and volunteer partner organizations;
(D)
added the actions the volunteers are authorized to take to complete the project or program; and
(E)
added any other information that the Secretary concerned determines necessary for the volunteer group to complete the project or program.
(3)
added Authorized projects and programs— Subject to paragraph (4), the Secretary concerned may use a cooperative agreement to carry out projects and programs for Federal land that—
(A)
added promote the stewardship of resources of Federal land by volunteers;
(B)
added support maintaining the resources, trails, and facilities on Federal land in a sustainable manner;
(C)
added increase awareness, understanding, and stewardship of Federal land through the development, publication, or distribution of educational materials and products; and
(D)
added promote the use of Federal land as outdoor classrooms.
(4)
added Conditions on use of authority— The Secretary concerned may use a cooperative agreement under paragraph (1) to carry out a project or program for the Federal land only if the project or program—
(A)
added complies with all Federal laws (including regulations) and policies;
(B)
added is consistent with an applicable management plan for any Federal recreational lands and waters involved;
(C)
added is monitored by the relevant Federal land management agency during the project and after project completion to determine compliance with the instructions under paragraph (2); and
(D)
added satisfies such other terms and conditions as the Secretary concerned determines to be appropriate.

Sec. 402 Enhancing outdoor recreation through public lands service organizations

added

added In carrying out projects on public lands that would directly or indirectly enhance recreation, the Secretaries shall—

(1)
added to the maximum extent practicable—
(A)
added use qualified youth or conservation corps as defined in section 203(11) of the Public Lands Corps Act of 1993 (16 U.S.C. 1722(11)); and
(B)
added use non-profit wilderness and trails stewardship organizations;
(2)
added consult with the Corps Network, the National Wilderness Stewardship Alliance, American Trails, and other public lands stewardship organizations for the purpose of identifying appropriate projects, activities, and workforce development outcomes; and
(3)
added waive any matching funds requirements, including under section 212(a)(1) of the Public Lands Corps Act of 1993 (16 U.S.C. 1729(a)(1)).

Sec. 411 Interagency trail management

added
(a)
added In general— The Secretaries shall establish an interagency trail management plan to manage and maintain in a uniform manner trails that cross jurisdictional boundaries between Federal land management agencies.
(b)
added Requirement— The plan established under subsection (a) shall ensure compliance with all Federal laws.