--- kind: "section" citation: "16 U.S.C. § 8548" title: "16" title_heading: "Conservation" number: "8548" heading: "Liability" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/16/8548" units: - "Chapter 103 — Expanding Public Lands Outdoor Recreation Experiences" - "Subchapter III — Simplifying Outdoor Access for Recreation" - "Part A — Modernizing Recreation Permitting" --- # §8548. Liability - (a) **Insurance requirements—** - (1) **In general—** Except as provided in [paragraph (2)](#a-2), as a condition of issuing a [special recreation permit](/usc/16/8531.md?p=4) under subsection (h)(1)(B) of [section 6802 of this title](/usc/16/6802.md) (as amended by this title) or a [commercial use authorization](/usc/16/8531.md?p=1), the [Secretary concerned](/usc/16/8401.md?p=8) may require the holder of the [special recreation permit](/usc/16/8531.md?p=4) or [commercial use authorization](/usc/16/8531.md?p=1) to have a commercial general liability insurance policy that— - (A) is commensurate with the level of risk of the activities to be conducted under the [special recreation permit](/usc/16/8531.md?p=4) or [commercial use authorization](/usc/16/8531.md?p=1); and - (B) includes the United States as an additional insured in an endorsement to the applicable policy. - (2) **Exception—** The [Secretary concerned](/usc/16/8401.md?p=8) shall not require a holder of a [special recreation permit](/usc/16/8531.md?p=4) or [commercial use authorization](/usc/16/8531.md?p=1) for low-risk activities, as determined by the [Secretary concerned](/usc/16/8401.md?p=8), including commemorative ceremonies and participation by the public in a recreation activity or recreation use of a specific [area](/usc/16/539m–1.md?p=1-A) of [Federal recreational lands and waters](/usc/16/8401.md?p=2) in which use by the public is allocated, to comply with the requirements of [paragraph (1)](#a-1). - (b) **Indemnification by governmental entities—** The [Secretary concerned](/usc/16/8401.md?p=8) shall not require a [State](/usc/16/8401.md?p=9), [State](/usc/16/8401.md?p=9) agency, [State](/usc/16/8401.md?p=9) institution, or political [subdivision](/usc/16/539m–1.md?p=15) of a [State](/usc/16/8401.md?p=9) to indemnify the United States for tort liability as a condition for issuing a [special recreation permit](/usc/16/8531.md?p=4) or [commercial use authorization](/usc/16/8531.md?p=1) to the extent the [State](/usc/16/8401.md?p=9), [State](/usc/16/8401.md?p=9) agency, [State](/usc/16/8401.md?p=9) institution, or political [subdivision](/usc/16/539m–1.md?p=15) of a [State](/usc/16/8401.md?p=9) is precluded by [State](/usc/16/8401.md?p=9) law from providing indemnification to the United States for tort liability, if the [State](/usc/16/8401.md?p=9), [State](/usc/16/8401.md?p=9) agency, [State](/usc/16/8401.md?p=9) institution, or political [subdivision](/usc/16/539m–1.md?p=15) of the [State](/usc/16/8401.md?p=9) maintains the minimum amount of liability insurance coverage required by the [Federal land management agency](/usc/16/8401.md?p=1) for the activities conducted under the [special recreation permit](/usc/16/8531.md?p=4) or [commercial use authorization](/usc/16/8531.md?p=1) in the form of— - (1) a commercial general liability insurance policy, which includes the United States as an additional insured in an endorsement to the policy, if the [State](/usc/16/8401.md?p=9) is authorized to obtain commercial general liability insurance by [State](/usc/16/8401.md?p=9) law; - (2) self-insurance, which covers the United States as an additional insured, if authorized by [State](/usc/16/8401.md?p=9) law; or - (3) a combination of the coverage described in paragraphs [(1)](#b-1) and [(2)](#b-2). - (c) **Exculpatory agreements—** - (1) **In general—** Except as provided in [paragraph (2)](#c-2), a [Federal land management agency](/usc/16/8401.md?p=1) shall not implement, administer, or enforce any regulation, guidance, or policy prohibiting the use of an exculpatory agreement between a [recreation service provider](/usc/16/8531.md?p=3) or a holder of a [commercial use authorization](/usc/16/8531.md?p=1) and a customer relating to services provided under a [special recreation permit](/usc/16/8531.md?p=4) or a [commercial use authorization](/usc/16/8531.md?p=1). - (2) **Requirements—** Any exculpatory agreement used by a [recreation service provider](/usc/16/8531.md?p=3) or holder of a [commercial use authorization](/usc/16/8531.md?p=1) for an activity authorized under a [special recreation permit](/usc/16/8531.md?p=4) or [commercial use authorization](/usc/16/8531.md?p=1)— - (A) shall shield the United States from any liability, if otherwise allowable under Federal law; and - (B) shall not waive any liability of the [recreation service provider](/usc/16/8531.md?p=3) or holder of the [commercial use authorization](/usc/16/8531.md?p=1) that may not be waived under the laws (including common law) of the applicable [State](/usc/16/8401.md?p=9) or for gross negligence, recklessness, or willful misconduct. - (3) **Consistency—** Not later than 2 years after January 4, 2025, the [Secretaries](/usc/16/8401.md?p=6) shall— - (A) review the policies of the [Secretaries](/usc/16/8401.md?p=6) pertaining to the use of exculpatory agreements by [recreation service providers](/usc/16/8531.md?p=3) and holders of [commercial use authorizations](/usc/16/8531.md?p=1); and - (B) revise any policy described in [subparagraph (A)](#c-3-A) as necessary to make the policies of the [Secretaries](/usc/16/8401.md?p=6) pertaining to the use of exculpatory agreements by [recreation service providers](/usc/16/8531.md?p=3) and holders of [commercial use authorizations](/usc/16/8531.md?p=1) consistent with this subsection and across all [Federal recreational lands and waters](/usc/16/8401.md?p=2). - (d) **Effect—** Nothing in this section applies to a concession contract issued by the National [Park](/usc/16/410r–5.md?p=c-3) Service for the provision of accommodations, facilities, or services. ## Source credit (Pub. L. 118–234, title III, § 319, Jan. 4, 2025, 138 Stat. 2907.) ## Notes ### Editorial Notes ### References in Text As amended by this title, referred to in subsec. (a)(1), means as amended by title III of Pub. L. 118–234.