[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1229 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1229
To modify the procedures for issuing special recreation permits for
certain public land units, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2021
Mr. Heinrich (for himself, Mrs. Capito, Mr. Daines, Mr. Risch, Ms.
Cortez Masto, Mr. Crapo, Mr. King, Ms. Collins, Mr. Wyden, Mrs. Murray,
Ms. Sinema, Mr. Bennet, Mr. Tester, Mr. Rounds, and Mr. Burr)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To modify the procedures for issuing special recreation permits for
certain public land units, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simplifying Outdoor Access for
Recreation Act'' or the ``SOAR Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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).
(2) 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).
(3) Lead agency.--With respect to a single joint special
recreation permit application submitted under section 7(a), the
term ``lead agency'' means the Federal land management agency
designated to administer the single joint special recreation
permit under section 7(a)(2).
(4) Long-term special recreation permit.--The term ``long-
term special recreation permit'' means--
(A) for a public land unit managed by the Forest
Service, a priority use permit; and
(B) for a public land unit managed by the Bureau of
Land Management, a multiyear special recreation permit.
(5) Multijurisdictional trip.--The term
``multijurisdictional trip'' means a trip that--
(A) uses 2 or more public land units; and
(B) is under the jurisdiction of 2 or more Federal
land management agencies.
(6) Public land unit.--The term ``public land unit''
means--
(A) a unit of the National Forest System;
(B) a unit of the National Park System;
(C) a unit of the National Wildlife Refuge System;
(D) a district of the Bureau of Land Management;
and
(E) a project of the Bureau of Reclamation.
(7) Recreation service provider.--The term ``recreation
service provider'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801).
(8) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to a
public land unit described in paragraph (6)(A); and
(B) the Secretary of the Interior, with respect to
a public land unit described in subparagraph (B), (C),
(D), or (E) of paragraph (6).
(9) 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. SPECIAL RECREATION PERMIT AND FEE.
(a) Definitions.--Section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) is amended--
(1) in paragraph (1), by striking ``section 3(f)'' and
inserting ``section 803(f)'';
(2) in paragraph (2), by striking ``section 3(g)'' and
inserting ``section 803(g)'';
(3) in paragraph (6), by striking ``section 5'' and
inserting ``section 805'';
(4) in paragraph (9), by striking ``section 5'' and
inserting ``section 805'';
(5) in paragraph (12), by striking ``section 7'' and
inserting ``section 807'';
(6) in paragraph (13), by striking ``section 3(h)'' and
inserting ``section 803(h)'';
(7) by redesignating paragraphs (1), (3), (4), (5), (6),
(7), (8), (9), (10), (11), and (13) as 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) 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.''; and
(9) 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.''.
(b) Special Recreation Permit and Fee.--Section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended--
(1) in subsection (b)(5), by striking ``section 4(d)'' and
inserting ``section 804(d)''; and
(2) by striking subsection (h) and inserting the following:
``(h) Special Recreation Permit and Fee.--
``(1) Special recreation permit.--The Secretary may issue a
special recreation permit for specialized individual or group
uses of Federal recreational lands and waters.
``(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 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 be comparable
to 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 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.''.
(c) Use of Special Recreation Permit Revenue.--Section 808 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended--
(1) in subsection (a)(3)(F), by striking ``section 6(a)''
and inserting ``section 806(a)'';
(2) in subsection (d), by striking ``section 5'' each place
it appears and inserting ``section 805'';
(3) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(4) 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 processing applications for
special recreation permits; and
``(B) incurred in the improvement of the operation
of the special recreation permit system.''.
(d) Permanent Authorization.--Section 810 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6809) is amended--
(1) by striking ``The authority'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), the
authority''; and
(2) by adding at the end the following:
``(b) Applicability.--Subsection (a) shall not apply to--
``(1) section 802;
``(2) subsection (d)(2) or (h) of section 803; or
``(3) subsection (a), (b), or (c) of section 808.''.
SEC. 4. PERMITTING PROCESS IMPROVEMENTS.
(a) 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) not later than 180 days after the date of enactment of
this Act--
(A) evaluate the special recreation permitting
process; and
(B) identify opportunities--
(i) to eliminate duplicative processes;
(ii) to reduce costs; and
(iii) to decrease processing times; and
(2) not later than 180 days after the date on which the
Secretary concerned completes the 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) Categorical Exclusions.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary concerned shall--
(A) 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) 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) establish those categorical exclusions
in compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) fully document that a category of
actions will not individually or cumulatively
have a significant effect on the human
environment; and
(iii) revise relevant agency regulations
and policy statements to implement those
categorical exclusions.
(2) Administration.--
(A) 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) 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) section 220.6 of title 36, Code of
Federal Regulations (or a successor
regulation); or
(ii) section 46.215 of title 43, Code of
Federal Regulations (or a successor
regulation).
(c) Needs Assessments.--Except as required under subsection (c) or
(d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary
concerned shall not conduct a needs assessment as a condition of
issuing a special recreation permit for a public land unit under this
Act.
(d) 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.
(a) 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) is comparable in type, nature, scope, and ecological
setting to the specific activity authorized under the special
recreation permit;
(2) does not result in a greater impact on natural and
cultural resources than the authorized activity;
(3) does not adversely affect any other permittee issued a
special recreation permit for a public land unit under that
section;
(4) does not involve the use of a motor, including an
electric motor, for a previously nonmotorized use; and
(5) is consistent with any laws (including regulations) and
land use or management plans applying to a public land unit.
(b) 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) Forest Service and Bureau of Land Management Temporary Special
Recreation Permits.--
(1) 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) 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) 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) 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.
(a) Permit Availability.--
(1) Notification of permit availability.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), if the Secretary concerned
has determined that the Department of Agriculture or
the Department of the 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) 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) Exception for renewals and reissuances.--
Subparagraph (A) shall not apply to--
(i) a renewal or reissuance of an existing
special recreation permit; or
(ii) a new special recreation permit issued
to the purchaser of a recreation service
provider that is the holder of an existing
special recreation permit.
(D) 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) to issue a new special recreation
permit;
(ii) to add a new or additional use to an
existing special recreation permit; or
(iii) to make special recreation permits
available to members of the public.
(2) Updates.--The Secretary concerned shall ensure that
information published on the website under this subsection is
consistently updated to provide current and correct information
to the public.
(3) Electronic mail notification.--The Secretary concerned
shall--
(A) establish a system by which potential special
recreation permit applicants may subscribe to receive
notification of the availability of special recreation
permits by electronic mail; and
(B) direct employees of the Department of
Agriculture or the Department of the Interior, as
applicable, to use that system to notify the public of
the availability of special recreation permits.
(b) Permit Application Acknowledgment.--Not later than 60 days
after the date on which the Secretary of the Interior receives a
completed application or the Secretary of Agriculture receives a
complete proposal for a special recreation permit for a public land
unit, the Secretary concerned shall--
(1) provide to the applicant notice acknowledging receipt
of the application or proposal; and
(2)(A) issue a final decision with respect to the
application or proposal; or
(B) provide to the applicant notice of a projected date for
a final decision on the application or proposal.
SEC. 7. PERMITS FOR MULTIJURISDICTIONAL TRIPS.
(a) Single Joint Special Recreation Permits.--
(1) 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) 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) The length of the multijurisdictional trip and
the relative portions of the multijurisdictional trip
on each public land unit.
(B) The congressional or administrative
designations that apply to the areas to be used during
the multijurisdictional trip and the degree to which
those designations impose limitations on recreational
use.
(C) 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) Other relevant administrative considerations.
(3) 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) 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) Prohibitions.--Nothing in this section allows an
activity that would otherwise be prohibited on the public land
unit at which the activity would take place.
(b) Requirements.--In issuing a single joint special recreation
permit under subsection (a), the lead agency shall--
(1) 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) in processing the joint special recreation permit
application, incorporate the findings, interests, and needs of
the associated agency;
(3) 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) complete the permitting process within a reasonable
timeframe.
(c) Cost Recovery.--The coordination with the associated agency
under subsection (b) shall not be subject to cost recovery.
(d) Enforcement Authority.--
(1) 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) 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) to suspend, terminate, or revoke the joint
special recreation permit for--
(i) noncompliance with Federal, State, or
local laws and regulations;
(ii) noncompliance with the terms of the
joint special recreation permit; or
(iii) failure of the holder of the joint
special recreation permit to exercise the
privileges granted by the joint special
recreation permit.
(2) 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) Withdrawal.--
(1) In general.--The lead agency or an associated agency
may withdraw from a joint special recreation permit at any
time.
(2) Issuance of separate permits.--
(A) 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) 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) 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) Treatment of Public Land Units Charging Entrance Fees.--For any
trip that originates on, or outside of, but passes through, a public
land unit that charges entrance fees, entrance fees may be collected in
addition to the special recreation permit fees (as defined in section
802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801)).
SEC. 8. FOREST SERVICE PERMIT USE REVIEWS.
(a) 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) take into consideration the performance of the special
recreation permit holder during the reviewed period; and
(2) 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) Additional Capacity.--
(1) 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) 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) 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) unfavorable weather;
(2) fire;
(3) natural disaster;
(4) wildlife displacement;
(5) business interruption;
(6) insufficient availability of hunting and fishing
licenses; or
(7) significant seasonal variability or off-peak periods
within the allocated period of use.
(d) Approval of Non-use.--
(1) 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) 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. 9. LIABILITY.
(a) Exculpatory Agreements.--
(1) 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) Savings clause.--Nothing in this subsection preempts,
displaces, modifies, or eliminates any State law (including
common law) regarding exculpatory agreements.
(b) 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 section 803(h) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802(h)) if--
(1) the recreation service provider is prohibited by State
or local law from providing indemnification to the United
States; and
(2) the recreation service provider--
(A) carries the minimum amount of liability
insurance coverage required by the issuing agency for
the activities conducted under the special recreation
permit; or
(B) is self-insured for the same amount.
SEC. 10. COST RECOVERY REFORM.
(a) Revision of Regulations.--
(1) 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) 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) De Minimis Exemption From Cost Recovery.--
(1) 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
Forest Service or the Bureau of Land Management, or for
monitoring an authorization under a special recreation permit
issued by the 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) Multiple applications.--In situations involving
multiple applications for special recreation permits issued by
the 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) 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) 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) 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.
(a) 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) Limitation.--Any tolling under subsection (a) shall be for a
period of not more than 5 years.
(c) 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. 12. EFFECT.
(a) In General.--Except as provided in subsection (b), nothing in
this Act (including an amendment made by this Act) affects the
authority or responsibility of the Secretary of the Interior to award
concessions contracts for the provision of accommodations, facilities,
and services, or commercial use authorizations to provide services, to
visitors to units of the National Park System under subchapter II of
chapter 1019 of title 54, United States Code.
(b) Exception.--Notwithstanding subsection (a), subsections (a),
(b), and (d) of section 4, subsections (a) and (b) of section 5, and
sections 7 and 9 shall apply to commercial use authorizations under
subchapter II of chapter 1019 of title 54, United States Code.
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