H.R. 3670 — what changed
Simplifying Outdoor Access for Recreation Act
From Introduced in House to Reported in House. 2 sections amended between Introduced in House and Reported in House.
Sec. 102 Special recreation permit and fee
Definitions— Section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) is amended—
changed
in paragraph (1), by striking “section 3(f)” and inserting “803(f)”;“ section 803(f)”;
in paragraph (2), by striking “section 3(g)” and inserting “section 803(g)”;
in paragraph (6), by striking “section 5” and inserting “section 805”;
in paragraph (9), by striking “section 5” and inserting “section 805”;
in paragraph (12), by striking “section 7” and inserting “section 807”;
in paragraph (13), by striking “section 3(h)” and inserting “section 803(h)”;
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;
by inserting after paragraph (8) (as so redesignated) the following:
“(9) Recreation service provider—The term recreation service provider means an individual or entity that—
“(A) provides outfitting, guiding, or other recreation services; or
“(B) conducts recreational or competitive events, including incidental sales.”
by inserting after paragraph (12) the following:
“(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—
“(A) for outfitting, guiding, or other recreation services;
“(B) for recreation or competitive events, which may include incidental sales;
“(C) for the use of—
“(i) a special area; or
“(ii) an area in which use is allocated;
“(D) for motorized recreational vehicle use in compliance with an applicable travel management plan or other regulation; and
“(E) for a group activity or event.”
Special recreation permit and fee— Section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended—
in subsection (b)(5), by striking “section 4(d)” and inserting “section 804(d)”; and
by striking subsection (h) and inserting the following:
“(h) Special recreation permit and fee
“(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).
“(2) Special recreation permit fee
“(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).
“(B) Fees for certain lands
“(i) In general—Subject to clauses (ii) and (iii), a special recreation permit fee under subparagraph (A) for use of Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service shall not exceed the difference between—
“(I) the sum of—
“(aa) 3 percent of the annual gross revenue of the recreation service provider for all activities authorized by the special recreation permit; and
“(bb) any applicable revenue addition; and
“(II) any applicable revenue exclusion.
“(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—
“(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
“(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.
“(iii) Alternative per-person fee
“(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).
“(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).
“(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.
“(C) Disclosure of fees—A special recreation permit holder may inform customers of any fee charged by the Secretary under this section.
“(3) Reports
“(A) In general—The Secretary shall make available to holders of special recreation permits under paragraph (1) and the public an annual report describing the use of fees collected by the Secretary under paragraph (2).
“(B) Requirements—The report under subparagraph (A) shall include a description of how the fees are used in each Federal 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 Federal land unit.”
Use of special recreation permit revenue— Section 808 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended—
in subsection (a)(3)(F), by striking “section 6(a)” and inserting “section 806(a)”;
in subsection (d), by striking “section 5” each place it appears and inserting “section 805”;
by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and
by inserting after subsection (a) the following:
“(b) Use of special recreation permit fee revenue—Revenue from a special recreation permit fee may be used for—
“(1) the purposes described in subsection (a); and
“(2) expenses—
“(A) associated with issuing and administering special recreation permits; and
“(B) incurred in the improvement of the operation of the special recreation permit system.”
Permanent authorization— Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended—
by striking “The authority” and inserting the following:
“(a) In general—Except as provided in subsection (b), the authority”
by adding at the end the following:
“(b) Applicability—Subsection (a) shall not apply to—
“(1) section 802;
“(2) subsection (d)(2) or (h) of section 803; or
“(3) subsection (a), (b) or (c) of section 808.”
Sec. 302 Enhancing outdoor recreation through public lands service organizations
In carrying out projects on Federal recreational lands and waters that would directly or indirectly enhance recreation, the Secretaries shall—
to the maximum extent practicable—
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
use non-profit wilderness and trails stewardship organizations;
changed
enter into cooperative agreements with the Corps Network, the National Wilderness Stewardship Alliance, American Trails, and other public lands stewardship organizations, outdoor recreation businesses, and outdoor recreation university programs, as appropriate, for the purpose of identifying appropriate projects, activities, and workforce development outcomes; and
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)).