,i #aafth ,,congress #ast ,session ,h4 ,r4 #caf ,,in ,,the ,,house ,,of ,,representatives ,january #h1 #bjai,mr4 ,la,malfa 7for himself1 ,mr4 ,o',halleran1 and ,mr4 ,simpson7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to authorize the ,secretary of the ,interior and the ,secretary of ,agriculture to issue permits for recreation services on lands managed by ,federal agencies1 and for other purposes4 #a4 ,short title2 table of contents2 definitions 7a7 ,short title ,this ,act may be cited as the ,guides and ,outfitters ,act or the ,,go ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 definitions4 ,sec4 #b4 ,special recreation permit and fee4 ,sec4 #c4 ,permit across multiple jurisdictions4 ,sec4 #d4 ,guidelines and permit fee calculation4 ,sec4 #e4 ,use of permit fees for permit administration4 ,sec4 #f4 ,adjustment to permit use reviews4 ,sec4 #g4 ,authorization of temporary permits for new uses for the ,forest ,service and ,,blm4 ,sec4 #h4 ,indemnification requirements4 ,sec4 #i4 ,streamlining of permitting process4 ,sec4 #aj4 ,cost recovery reform4 ,sec4 #aa4 ,extension of ,forest ,service recreation priority use permits4 7c7 ,definitions ,in this ,act3 7#a7 ,secretary ,the term ,secretary means-- 7,a7 the ,secretary of the ,interior1 with respect to a ,federal land management agency 7other than the ,forest ,service72 and 7,b7 the ,secretary of ,agriculture1 with respect to the ,forest ,service4 7#b7 ,secretaries ,the term ,secretaries means the ,secretary of the ,interior and the ,secretary of ,agriculture acting jointly4 #b4 ,special recreation permit and fee ,subsection 7h7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 is amended to read as follows3 7h7 ,special recreation permit and fee 7#a7 ,in general ,the ,secretary may-- 7,a7 issue a special recreation permit for ,federal recreational lands and waters2 and 7,b7 charge a special recreation permit fee in connection with the issuance of the permit4 7#b7 ,special recreation permits ,the ,secretary may issue special recreation permits in the following circumstances3 7,a7 ,for specialized individual and group use of ,federal facilities and ,federal recreational lands and waters1 such as1 but not limited to1 use of special areas or areas where use is allocated1 motorized recreational vehicle use1 and group activities or events4 7,b7 ,to recreation service providers who conduct outfitting1 guiding1 and other recreation services on ,federal recreational lands and waters managed by the ,forest ,service1 ,bureau of ,land ,management1 ,bureau of ,reclamation1 or the ,united ,states ,fish and ,wildlife ,service4 7,c7 ,to recreation service providers who conduct recreation or competitive events1 which may involve incidental sales on ,federal recreational lands and waters managed by the ,forest ,service1 ,bureau of ,land ,management1 ,bureau of ,reclamation1 or the ,united ,states ,fish and ,wildlife ,service4 7#c7 ,reduction in ,federal costs and duplication of analysis 7,a7 ,in general ,the issuance of a new special recreation permit for activities under paragraph 7#b7 shall be categorically excluded from further analysis and documentation under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 if the proposed use is the same as or similar to a previously authorized use and the ,secretary determines that such issuance does not have significant environmental effects based upon application of the extraordinary circumstances procedures established by the ,secretary under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,definition ,for the purposes of this paragraph1 the term similar means-- 7i7 substantially similar in type1 nature1 and scope2 and 7ii7 will not result in significant new impacts4 7#d7 ,relation to fees for use of highways or roads ,an entity that pays a special recreation permit fee shall not be subject to a road cost-sharing fee or a fee for the use of highways or roads that are open to private1 noncommercial use within the boundaries of any ,federal recreational lands or waters1 as authorized under section #f of ,public ,law #hh-feg 7#af ,u4,s4,c4 #ecg74 4 #c4 ,permit across multiple jurisdictions 7a7 ,in general ,in the case of an activity requiring permits pursuant to subsection 7h7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 for use of lands managed by both the ,forest ,service and the ,bureau of ,land ,management-- 7#a7 the ,secretaries may issue a joint permit based upon a single application to both agencies when issuance of a joint permit based upon a single application will lower processing and other administration costs for the permittee1 provided that the permit applicant shall have the option to apply for separate permits rather than a joint permit2 and 7#b7 the permit application required under paragraph 7#a7 shall be-- 7,a7 the application required by the lead agency2 and 7,b7 submitted to the lead agency4 7b7 ,requirements of the lead agency ,the lead agency for a permit under subsection 7a7 shall-- 7#a7 coordinate with the associated agencies1 consistent with the authority of the ,secretaries under section #ccj of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjja 7#dc ,u4,s4,c4 #agjc71 to develop and issue the single1 joint permit that covers the entirety of the trip2 7#b7 in processing the joint permit application1 incorporate the findings1 interests1 and needs of the associated agencies1 provided that such coordination shall not be subject to cost recovery2 and 7#c7 complete the permitting process within a reasonable time after receiving the permit application4 7c7 ,effect on regulations ,nothing in this section shall alter1 expand1 or limit the applicability of any ,federal law 7including regulations7 to lands administered by the relevant ,federal agencies4 7d7 ,definitions ,in this section3 7#a7 ,associated agency ,the term associated agency means an agency that manages the land on which the trip of the special recreation permit applicant will enter after leaving the land managed by the lead agency4 7#b7 ,lead agency ,the term lead agency means the agency that manages the land on which the trip of the special recreation permit applicant will begin4 #d4 ,guidelines and permit fee calculation 7a7 ,guidelines and exclusion of certain revenues ,the ,secretary shall-- 7#a7 publish guidelines in the ,federal ,register for establishing recreation permit fees2 and 7#b7 provide appropriate deductions from gross revenues used as the basis for the fees established under paragraph 7#a7 for-- 7,a7 revenue from goods1 services1 and activities provided by a recreation service provider outside ,federal recreational lands and waters1 such as costs for transportation1 lodging1 and other services before or after a trip2 and 7,b7 fees to be paid by permit holder under applicable law to provide services on other ,federal lands1 if separate permits are issued to that permit holder for a single event or trip4 7b7 ,fee conditions ,the fee charged by the ,secretary for a permit issued under section #hjc7;h7 of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7;h77 shall not exceed #c percent of the recreational service provider's annual gross revenue for activities authorized by the permit on ,federal lands1 plus applicable revenue additions1 minus applicable revenue exclusions or a similar flat per person fee4 7c7 ,disclosure of fees ,a holder of a special recreation permit may inform its customers of the various fees charged by the ,secretary under section #hjc7;h7 of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7;h774 #e4 ,use of permit fees for permit administration 7a7 ,deposits ,subject to subsection 7b71 revenues from special recreation permits issued to recreation service providers under subparagraphs 7,b7 and 7,c7 of section #hjc7;h77#b7 of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7;h77#b77 shall be held in special accounts established for each specific unit or area for which such revenues are collected1 and shall remain available for expenditure1 without further appropriation1 until expended4 7b7 ,use of permit fees ,revenues from special recreation permits issued to recreation service providers under subparagraphs 7,b7 and 7,c7 of section #hjc7;h77#b7 of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7;h77#b77 shall be used only-- 7#a7 to partially offset the ,secretary's direct cost of administering the permits2 7#b7 to improve and streamline the permitting process2 and 7#c7 for related recreation infrastructure and other purposes specifically to support recreation activities at the specific site for which use is authorized under the permit1 after obtaining input from any related permittees2 provided1 however1 that the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app4 #a et seq47 shall not apply to any advisory committee or other group established to carry out this paragraph4 7c7 ,limitation on use of fees ,the ,secretary may not use any permit fees for biological monitoring on ,federal recreational lands and waters under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 for listed or candidate species4 #f4 ,adjustment to permit use reviews 7a7 ,in general ,to the extent that the ,secretary utilizes permit use reviews1 in reviewing and adjusting allocations of use for permits for special uses of ,federal recreational lands and waters managed by the ,forest ,service1 and in renewing such permits1 the ,secretary of ,agriculture shall allocate to a permit holder a level of use that is no less than the highest amount of actual annual use over the reviewed period plus #be percent1 capped at the amount of use allocated when the permit was issued unless additional capacity is available4 ,the ,secretary may assign any use remaining after adjusting allocations on a temporary basis to qualified permit holders4 7b7 ,waiver ,use reviews under subsection 7a7 may be waived for periods in which circumstances that prevented use of assigned capacity1 such as weather1 fire1 natural disasters1 wildlife displacement1 business interruptions1 insufficient availability of hunting and fishing licenses1 or when allocations on permits include significant shoulder seasons4 ,the authorizing office may approve non-use without reducing the number of service days assigned to the permit in such circumstances at the request of the permit holder4 ,approved non-use may be temporarily assigned to other qualified permit holders when conditions warrant4 #g4 ,authorization of temporary permits for new uses for the forest service and blm ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary of the ,interior shall establish and implement a program to authorize temporary permits for new recreational uses of ,federal recreational lands and waters managed by the ,forest ,service or the ,bureau of ,land ,management1 respectively1 and to provide for the conversions of such temporary permits to long-term permits after #b years of satisfactory operation4 ,the issuance and conversion of such permits shall be subject to subsection 7h77#c7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb74 #h4 ,indemnification requirements 7a7 ,indemnification ,a permit holder that is prohibited by the ,state from providing indemnification to the ,federal ,government shall be considered to be in compliance with indemnification requirements of the ,department of the ,interior and the ,department of ,agriculture if the permit holder carries the required minimum amount of liability insurance coverage or is self-insured for the same minimum amount4 7b7 ,exculpatory agreements ,the ,secretary shall not implement1 administer or enforce any regulation or policy prohibiting the use of exculpatory agreements between recreation service providers and their customers for services provided under a special recreation permit4 #i4 ,streamlining of permitting process 7a7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,agriculture shall revise part #bea1 subpart ,b1 of title #cf ,code of ,federal ,regulations1 and the ,secretary of the ,interior shall revise subpart #bicb1 of title #dc1 ,code of ,federal ,regulations1 to streamline the processes for the issuance and renewal of outfitter and guide special use permits4 ,such amended regulations shall-- 7#a7 shorten application processing times and minimize application and administration costs2 and 7#b7 provide for the use of programmatic environmental assessments and categorical exclusions for environmental reviews under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for the issuance or renewal of outfitter and guide and similar recreation special use permits when the ,secretary determines that such compliance is required1 to the maximum extent allowable under applicable law1 including1 but not limited to1 use of a categorical exclusion as provided under section #hjc7;h77#c7 of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7;h77#c774 7b7 ,online applications ,to the maximum extent practicable1 where feasible and efficient1 the ,secretary shall make special recreation permit applications available to be filled out and submitted online4 #aj4 ,cost recovery reform 7a7 ,regulatory process ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall revise section #bea4eh of title #cf1 ,code of ,federal ,regulations1 and the ,secretary of the ,interior shall revise section #bicb4ca7;e7 and 7f7 of title #dc1 ,code of ,federal ,regulations1 to reduce costs and minimize the burden of cost recovery on small businesses and adverse impacts of cost recovery on jobs in the outfitting and guiding industry and on rural economies provided1 however1 that nothing in the revised regulations shall further limit the ,secretary's authority to issue or renew recreation special use permits4 7b7 ,de minimis exemption 7#a7 ,cost recovery limitation ,any regulations issued by the ,secretary of the ,interior or the ,secretary of ,agriculture to establish fees to recover processing costs for recreation special use applications and monitoring costs for recreation special use authorizations shall include an exemption providing that at least the first #ej hours of work necessary in any one year to process and_/or monitor such an application shall not be subject to cost recovery4 ,the application of a #ej-;hour credit per permit shall also apply to any monitoring fees on a per annum basis during the term of each permit4 7#b7 ,application of exemption ,an exemption under paragraph 7#a7 shall apply to the processing of each recreation special use permit application and monitoring of each recreation special use authorization for which cost recovery is required1 including any application or authorization requiring more than #ej hours 7or such other greater number of hours specified for exemption7 to process or monitor4 ,in the event that the amount of work required to process such an application or monitor such an authorization exceeds the specified exemption1 the amount of work for which cost recovery is required shall be reduced by the amount of the exemption4 7#c7 ,multiple applications ,in situations involving multiple recreation special use applications for similar services in the same unit or area that require more than #ej hours 7or such other greater number of hours specified for exemption7 in the aggregate to process1 the ,secretary shall1 regardless of whether the applications are solicited or unsolicited and whether there is competitive interest-- 7,a7 determine the share of the aggregate amount to be allocated to each application1 on an equal or prorated basis1 as appropriate2 and 7,b7 for each application1 apply a separate exemption of up to #ej hours 7or such other greater number of hours specified for exemption7 to the share allocated to such application4 7#d7 ,cost reduction ,the agency processing a recreation special use application shall utilize existing studies and analysis to the greatest extent practicable in order to reduce the amount of work and cost necessary to process the application4 7#e7 ,limitation ,the ,secretary of the ,interior and the ,secretary of ,agriculture may not recover as processing costs for recreation special use applications and monitoring costs for recreation special use authorizations any costs for consultations conducted under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 or for biological monitoring on ,federal recreational lands and waters under such ,act for listed1 proposed1 or candidate species4 7#f7 ,waiver of cost recovery ,the ,secretary of the ,interior and the ,secretary of ,agriculture may waive the recovery of costs for processing recreation special use permit applications and renewals1 on a categorical or case-by-case basis as appropriate1 if the ,secretary determines that-- 7,a7 such costs would impose a significant economic burden on any small business or category of small businesses2 7,b7 such cost recovery could threaten the ability of an applicant or permittee to provide1 in a particular area1 a particular outdoor recreational activity that is consistent with the public interest and with applicable resource management plans2 or 7,c7 prevailing economic conditions are unfavorable1 such as during economic recessions1 or when drought1 fire1 or other natural disasters have depressed economic activity in the area of operation4 #aa4 ,extension of forest service recreation priority use permits ,where the holder of a special use permit for outfitting and guiding that authorizes priority use has submitted a request for renewal of such permit in accordance with applicable laws and regulations1 the ,secretary of ,agriculture shall have the authority to grant the holder one or more extensions of the existing permit for additional items not to exceed #e years in the aggregate1 as necessary to allow the ,secretary to complete the renewal process and to avoid the interruption of services under such permit4 ,before granting an extension under this section1 the ,secretary shall take all reasonable and appropriate steps to complete the renewal process before the expiration of the special use permit4