Text: S.1665 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (05/23/2019)

 
[Congressional Bills 116th Congress]
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[S. 1665 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1665

  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

                 May 23 (legislative day, May 22), 2019

   Mr. Heinrich (for himself, Mrs. Capito, Mr. King, Mr. Rounds, Mr. 
Bennet, Mr. Gardner, Mr. Wyden, Ms. McSally, Mr. Tester, Mr. Risch, Ms. 
 Sinema, and Mr. Daines) 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 two or more public land units; and
                    (B) is under the jurisdiction of two 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) 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).
            (8) 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 ``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) with respect to the Forest Service, an 
                outfitting and guiding special use permit;
                    ``(B) with respect to the National Park Service, a 
                commercial use authorization for outfitting and guiding 
                issued under--
                            ``(i) this Act; or
                            ``(ii) section 101925 of title 54, United 
                        States Code;
                    ``(C) with respect to the United States Fish and 
                Wildlife Service, a special use permit for 
                recreational, sport fishing, or hunting outfitting and 
                guiding;
                    ``(D) with respect to the Bureau of Land 
                Management, a special recreation permit for commercial 
                outfitting and guiding; and
                    ``(E) with respect to the Bureau of Reclamation, a 
                use authorization for guiding, outfitting, or other 
                recreational services.''.
    (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, 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; and
                    ``(E) for a group activity or event.
            ``(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 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) or (b) 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) Environmental Reviews.--
            (1) 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) use a programmatic environmental review; and
                    (B) adopt or incorporate material from a previous 
                environmental impact statement or environmental 
                assessment.
            (2) 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) 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 one 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 one 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.); 
                        and
                            (ii) 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 the extraordinary circumstances procedures 
                described in--
                            (i) section 1508.4 of title 40, Code of 
                        Federal Regulations (or a successor 
                        regulation); and
                            (ii) as applicable--
                                    (I) section 220.6 of title 36, Code 
                                of Federal Regulations (or a successor 
                                regulation); and
                                    (II) section 46.215 of title 43, 
                                Code of Federal Regulations (or a 
                                successor regulation);
    (d) 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) 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; and
            (3) does not adversely affect any other permittee issued a 
        special recreation permit for a public land unit under that 
        subsection.
    (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 one 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; or
                            (ii) to add a new or additional use to an 
                        existing special recreation permit.
            (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 concerned receives an application 
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; and
            (2)(A) issue a final decision with respect to the 
        application; or
            (B) provide to the applicant notice of a projected date for 
        a final decision on the application.

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.
    (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 one 
                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).

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 the remaining use to one 
        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) 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.

    (a) 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) 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) 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) 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) 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) Requirements.--A form under subsection (a)--
            (1) shall not preclude claims of gross negligence against 
        the permittee;
            (2) 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) 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) shall identify the State under the laws of which--
                    (A) the form, including any waiver or release, 
                shall be enforced; and
                    (B) 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) 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) 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) 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 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) 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) 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.
                                 <all>

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