,,ii #aahth ,,congress #ast ,session ,s4 #afcj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #af1 #bjbc,mr4 ,heinrich 7for himself1 ,mrs4 ,capito1 ,mr4 ,bennet1 ,mr4 ,risch1 ,mr4 ,king1 ,ms4 ,collins1 ,ms4 ,cortez ,masto1 ,mr4 ,daines1 ,mr4 ,wyden1 ,mr4 ,crapo1 ,mr4 ,tester1 and ,mr4 ,rounds7 introduced the following bill2 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 units1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,simplifying ,outdoor ,access for ,recreation ,act or the ,,soar ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commercial use authorization ,the term commercial use authorization means a commercial use authorization to provide services to visitors to units of the ,national ,park ,system under subchapter ,,ii of chapter #ajai of title #ed1 ,united ,states ,code4 7#b7 ,federal land management agency ,the term ,federal land management agency has the meaning given the term in section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja74 7#c7 ,federal recreational lands and waters ,the term ,federal recreational lands and waters has the meaning given the term in section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja74 7#d7 ,recreation service provider ,the term recreation service provider has the meaning given the term in section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#i774 7#e7 ,secretaries ,the term ,secretaries means each of-- 7,a7 the ,secretary2 and 7,b7 the ,secretary of ,agriculture4 7#f7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#g7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary1 with respect to land under the jurisdiction of the ,secretary2 or 7,b7 the ,secretary of ,agriculture1 with respect to land managed by the ,forest ,service4 7#h7 ,special recreation permit ,the term special recreation permit has the meaning given the term in section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj774 7#i7 ,visitor-use day ,the term visitor-use day means a visitor-use day1 user day1 launch1 or other metric used by the ,secretary concerned for purposes of authorizing use under a special recreation permit4 #c4 ,amendments to the ,federal ,lands ,recreation ,enhancement ,act 7a7 ,short title ,the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja et seq47 is amended by striking section #hja and inserting the following3 #hja4 ,short title ,this title may be cited as the ,federal ,lands ,recreation ,enhancement ,act4 4 7b7 ,definitions ,section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking this ,act and inserting this title2 7#b7 in paragraph 7#a71 by striking section #c7;f7 and inserting section #hjc7;f72 7#c7 in paragraph 7#b71 by striking section #c7;g7 and inserting section #hjc7;g72 7#d7 in paragraph 7#f71 by striking section #e7;a77#g7 and inserting section #hje7;a77#g72 7#e7 in paragraph 7#i71 by striking section #e7;d7 and inserting section #hje7;d72 7#f7 in paragraph 7#ab71 by striking section #g and inserting section #hjg2 7#g7 in paragraph 7#ac71 by striking section #c7;h7 and inserting section #hjc7;h77#b72 7#h7 by redesignating paragraphs 7#a71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 and 7#ac7 as paragraphs 7#ae71 7#a71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#aa71 7#aj71 and 7#ad71 respectively1 and moving the paragraphs so as to appear in numerical order2 7#i7 by inserting after paragraph 7#h7 7as so redesignated7 the following3 7#i7 ,recreation service provider ,the term recreation service provider means a person that provides recreational services to the public under a special recreation permit under clause 7iii7 or 7iv7 of paragraph 7#ac77;,a74 2 and 7#aj7 by inserting after paragraph 7#ab7 the following3 7#ac7 ,special recreation permit 7,a7 ,in general ,the term special recreation permit means a permit issued by a ,federal land management agency for the use of ,federal recreational lands and waters-- 7i7 for a specialized recreational use not described in clause 7ii71 7iii71 or 7iv71 such as-- 7,i7 an organizational camp2 7,,ii7 a single event that does not require an entry or participation fee that is not strictly a sharing of expenses for the purposes of the event2 and 7,,iii7 participation by the public in a recreation activity or recreation use of a specific area of ,federal recreational lands and waters in which use by the public is allocated2 7ii7 for a large-group activity or event for not fewer than #ge participants2 7iii7 for-- 7,i7 at the discretion of the ,secretary1 a single organized group recreation activity or event 7including an activity or event in which motorized recreational vehicles are used or in which outfitting and guiding services are used7 that-- 7aa7 is a structured or scheduled event or activity2 7bb7 is not competitive and is for fewer than #ge participants2 7cc7 may charge an entry or participation fee2 7dd7 involves fewer than #bjj visitor-use days2 and 7ee7 is undertaken or provided by the recreation service provider at the same site not more frequently than #c times a year2 7,,ii7 a single competitive event2 or 7,,iii7 at the discretion of the ,secretary1 a recurring organized group recreation activity 7including an outfitting and guiding activity7 that-- 7aa7 is a structured or scheduled activity2 7bb7 is not competitive2 7cc7 may charge a participation fee2 7dd7 occurs in a group size of fewer than #g participants2 7ee7 involves fewer than #dj visitor-use days2 and 7ff7 is undertaken or provided by the recreation service provider for a term of not more than #ahj days2 or 7iv7 for-- 7,i7 a recurring outfitting1 guiding1 or1 at the discretion of the ,secretary1 other recreation service1 the authorization for which is for a term of not more than #aj years2 or 7,,ii7 a recurring outfitting1 guiding1 or1 at the discretion of the ,secretary1 other recreation service1 that occurs under a transitional special recreation permit authorized under section #e7;a7 of the ,simplifying ,outdoor ,access for ,recreation ,act4 7,b7 ,exclusions ,the term special recreation permit does not include-- 7i7 a concession contract for the provision of accommodations1 facilities1 or services2 7ii7 a commercial use authorization issued under section #ajaibe of title #ed1 ,united ,states ,code2 or 7iii7 any other type of permit1 including a special use permit administered by the ,national ,park ,service4 4 7c7 ,special recreation permits and fees ,section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 is amended-- 7#a7 by striking this ,act each place it appears and inserting this title2 7#b7 in subsection 7b77#e71 by striking section #d7;d7 and inserting section #hjd7;d72 and 7#c7 by striking subsection 7h7 and inserting the following3 7h7 ,special recreation permits and fees 7#a7 ,special recreation permits 7,a7 ,applications ,the ,secretary-- 7i7 may develop and make available to the public an application to obtain a special recreation permit described in clause 7i7 of section #hjb7ac77;,a72 and 7ii7 shall develop and make available to the public an application to obtain a special recreation permit described in clause 7ii71 7iii71 or 7iv7 of section #hjb7ac77;,a74 7,b7 ,issuance of permits ,on review of a completed application developed under subparagraph 7,a71 as applicable1 and a determination by the ,secretary that the applicant is eligible for the special recreation permit1 the ,secretary may issue to the applicant a special recreation permit1 subject to any terms and conditions that are determined to be necessary by the ,secretary4 7,c7 ,incidental sales ,a special recreation permit issued under this paragraph may include an authorization for sales that are incidental in nature to the permitted use of the ,federal recreational lands and waters4 7#b7 ,special recreation permit fees 7,a7 ,in general ,the ,secretary may charge a special recreation permit fee for the issuance of a special recreation permit in accordance with this paragraph4 7,b7 ,predetermined special recreation permit fees 7i7 ,in general ,for purposes of subparagraphs 7,d7 and 7,e71 the ,secretary shall establish and may charge a predetermined fee1 described in clause 7ii71 for a special recreation permit described in clause 7iii7 or 7iv7 of section #hjb7ac77;,a7 for a specific type of use on a unit of ,federal recreational lands and waters1 consistent with the criteria set forth in clause 7iii74 7ii7 ,type of fee ,a predetermined fee described in clause 7i7 shall be-- 7,i7 a fixed fee that is assessed per special recreation permit1 including a fee with an associated size limitation or other criteria as determined to be appropriate by the ,secretary2 or 7,,ii7 an amount assessed per visitor-use day4 7iii7 ,criteria ,a predetermined fee under clause 7i7 shall-- 7,i7 have been established before the date of enactment of the ,simplifying ,outdoor ,access for ,recreation ,act2 7,,ii7 be established after the date of enactment of the ,simplifying ,outdoor ,access for ,recreation ,act in accordance with subsection 7b72 7,,iii7 7aa7 be established after the date of enactment of the ,simplifying ,outdoor ,access for ,recreation ,act2 and 7bb7 be comparable to an amount described in subparagraph 7,d77ii7 or 7,e77ii71 as applicable2 or 7,,iv7 beginning on the date that is #b years after the date of enactment of the ,simplifying ,outdoor ,access for ,recreation ,act1 be #f per visitor-use day in instances in which the ,secretary has not established a predetermined fee under subclause 7,i71 7,,ii71 or 7,,iii74 7,c7 ,calculation of fees for specialized recreational uses and large-group activities or events ,the ,secretary may1 at the discretion of the ,secretary1 establish and charge a fee for a special recreation permit described in clause 7i7 or 7ii7 of section #hjb7ac77;,a74 7,d7 ,calculation of fees for single organized group recreation activities or events1 competitive events1 and certain recurring organized group recreation activities ,if the ,secretary elects to charge a fee for a special recreation permit described in section #hjb7ac77;,a77iii71 the ,secretary shall charge the recreation service provider1 based on the election of the recreation service provider-- 7i7 the applicable predetermined fee established under subparagraph 7,b72 or 7ii7 an amount equal to a percentage of1 to be determined by the ,secretary1 but to not to exceed #e percent of1 adjusted gross receipts calculated under subparagraph 7,f74 7,e7 ,calculation of fees for transitional permits and long-term permits ,subject to subparagraph 7,g71 if the ,secretary elects to charge a fee for a special recreation permit described in section #hjb7ac77;,a77iv71 the ,secretary shall charge the recreation service provider1 based on the election of the recreation service provider-- 7i7 the applicable predetermined fee established under subparagraph 7,b72 or 7ii7 an amount equal to a percentage of1 to be determined by the ,secretary1 but not to exceed #c percent of1 adjusted gross receipts calculated under subparagraph 7,f74 7,f7 ,adjusted gross receipts ,for the purposes of subparagraphs 7,d77ii7 and 7,e77ii71 the ,secretary shall calculate the adjusted gross receipts collected for each trip or event authorized under a special recreation permit1 using either of the following calculations1 based on the election of the recreation service provider3 7i7 ,the sum of-- 7,i7 the product obtained by multiplying-- 7aa7 the general amount paid by participants of the trip or event to the recreation service provider for the applicable trip or event 7excluding amounts related to goods1 souvenirs1 merchandise1 gear1 and additional food provided or sold by the recreation service provider72 and 7bb7 the quotient obtained by dividing-- 7,,aa7 the number of days of the trip or event that occurred on ,federal recreational lands and waters covered by the special recreation permit1 rounded to the nearest whole day2 by 7,,bb7 the total number of days of the trip or event2 and 7,,ii7 the amount of any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the ,federal recreational lands and waters covered by the special recreation permit4 7ii7 ,the difference between-- 7,i7 the total cost paid by the participants of the trip or event for the trip or event to the recreation service provider1 including any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the ,federal recreational lands and waters covered by the special recreation permit2 and 7,,ii7 the sum of-- 7aa7 the amount of any revenues from goods1 souvenirs1 merchandise1 gear1 and additional food provided or sold by the recreation service provider to the participants of the applicable trip or event2 7bb7 the amount of any costs or revenues from services and activities provided or sold by the recreation service provider to the participants of the trip or event that occurred in a location other than the ,federal recreational lands and waters covered by the special recreation permit 7including costs for travel and lodging outside the ,federal recreational lands and waters covered by the special recreation permit72 and 7cc7 the amount of any revenues from any service provided by a recreation service provider for an activity on ,federal recreational lands and waters that is not covered by the special recreation permit4 7,g7 ,exception ,notwithstanding subparagraph 7,e71 the ,secretary may charge a recreation service provider a minimum annual fee for a special recreation permit described in section #hjb7ac77;,a77iv74 7,h7 ,savings clauses 7i7 ,effect ,nothing in this paragraph affects any fee for-- 7,i7 a concession contract administered by the ,national ,park ,service for the provision of accommodations1 facilities1 or services2 or 7,,ii7 a commercial use authorization for use of ,federal recreational lands and waters managed by the ,national ,park ,service4 7ii7 ,cost recovery ,nothing in this paragraph affects the ability of the ,secretary to recover any administrative costs under section #ac of the ,simplifying ,outdoor ,access for ,recreation ,act4 7iii7 ,special recreation permit fees and other recreation fees ,the collection of a special recreation permit fee under this paragraph shall not affect the authority of the ,secretary to collect an entrance fee1 a standard amenity recreation fee1 or an expanded amenity recreation fee authorized under subsections 7e71 7f71 and 7g74 7#c7 ,report and disclosure 7,a7 ,report 7i7 ,in general ,the ,secretaries shall make available to recreation service providers and the public an annual report describing the use of fees collected by the ,secretaries under paragraph 7#b74 7ii7 ,requirement ,the report under clause 7i7 shall include a description of how the fees are used by each ,federal land management agency4 7,b7 ,disclosure ,a recreation service provider may inform customers of any fee charged by the ,secretary under this section4 4 7d7 ,use of special recreation permit fee revenue ,section #hjh of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjg7 is amended-- 7#a7 by striking this ,act each place it appears and inserting this title2 7#b7 in subsection 7a77#c7-- 7,a7 in subparagraph 7,e71 by striking and at the end2 7,b7 in subparagraph 7,f71 by striking #f7;a7 or a visitor reservation service4 and inserting #hjf7;a7 or a visitor reservation service22 and 7,c7 by adding at the end the following3 7,g7 the processing of special recreation permit applications and administration of special recreation permits2 and 7,h7 the improvement of the operation of the special recreation permit program under section #hjc7;h74 2 and 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking section #e and inserting section #hje2 and 7,b7 in paragraph 7#b71 by striking section #e and inserting section #hje4 7e7 ,permanent authorization ,the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja et seq47 is amended-- 7#a7 by striking section #haj2 and 7#b7 by redesignating sections #haa through #hae as sections #haj through #had1 respectively4 #d4 ,permit administration 7a7 ,permit availability 7#a7 ,notifications of permit availability 7,a7 ,in general ,except as provided in subparagraph 7,b71 in an area of ,federal recreational lands and waters in which use by recreation service providers is allocated1 if the ,secretary concerned has determined that visitor-use days are available for allocation to recreation service providers or holders of a commercial use authorization for outfitting and guiding1 the ,secretary concerned shall publish the information on the website of the agency that administers the applicable area of ,federal recreational lands and waters4 7,b7 ,effect ,nothing in this paragraph-- 7i7 applies to-- 7,i7 the reissuance of an existing special recreation permit or commercial use authorization for outfitting and guiding2 or 7,,ii7 the issuance of a new special recreation permit or new commercial use authorization for outfitting and guiding issued to the purchaser of-- 7aa7 a recreation service provider that is the holder of an existing special recreation permit2 or 7bb7 a holder of an existing commercial use authorization for outfitting and guiding2 or 7ii7 creates a prerequisite to the issuance of a special recreation permit or commercial use authorization for outfitting and guiding or otherwise limits the authority of the ,secretary concerned-- 7,i7 to issue a new special recreation permit or new commercial use authorization for outfitting and guiding2 or 7,,ii7 to add a new or additional use to an existing special recreation permit or an existing commercial use authorization for outfitting and guiding4 7#b7 ,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 public4 7#c7 ,electronic mail notifications ,the ,secretary concerned shall establish a system by which potential applicants for special recreation permits or commercial use authorizations for outfitting and guiding may subscribe to receive notification by electronic mail of the availability of special recreation permits under subsection 7h77#a7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 7as amended by section #c7;c77#c7 or commercial use authorizations for outfitting and guiding4 7b7 ,permit application or proposal acknowledgments 7#a7 ,in general ,not later than #fj days after the date on which the ,secretary concerned receives a completed application or a complete proposal for a special recreation permit under subsection 7h77#a7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 7as amended by section #c7;c77#c771 the ,secretary concerned shall-- 7,a7 provide to the applicant notice acknowledging receipt of the application or proposal2 and 7,b7 7i7 issue a final decision with respect to the application or proposal2 or 7ii7 provide to the applicant notice of a projected date for a final decision on the application or proposal4 7#b7 ,effect ,nothing in this subsection applies to a concession contract issued by the ,national ,park ,service for the provision of accommodations1 facilities1 or services4 #e4 ,forest ,service and ,bureau of ,land ,management transitional special recreation permits for outfitting and guiding 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary concerned shall implement a program to authorize the issuance of transitional special recreation permits for a new or additional reoccurring outfitting1 guiding1 or other recreation service1 as determined by the ,secretary concerned1 on ,federal recreational lands and waters managed by the ,chief of the ,forest ,service or the ,director of the ,bureau of ,land ,management4 7b7 ,term of transitional permits for outfitting and guiding ,a transitional special recreation permit issued under subsection 7a7 shall be issued for a term of #b years4 7c7 ,issuance of long-,term permits for outfitting and guiding 7#a7 ,in general ,on the request of a recreation service provider that holds a transitional special recreation permit under the program implemented under subsection 7a71 the ,secretary concerned shall provide for the issuance of a long-term special recreation permit for outfitting and guiding to replace the transitional special recreation permit if the ,secretary concerned determines that the recreation service provider-- 7,a7 has held not less than #b transitional special recreation permits or similar permits issued under-- 7i7 the program implemented under subsection 7a72 or 7ii7 any other program to issue similar special recreation permits in existence before the date of enactment of this ,act2 7,b7 during the #c-year period preceding the request1 has not been determined to have a performance that is less than satisfactory1 as determined under the monitoring process described in section #g7;a71 for any transitional special recreation permits or similar special recreation permits issued by the ,secretary concerned1 including the transitional special recreation permit proposed to be replaced1 for the respective unit of ,federal recreational lands and waters2 and 7,c7 notwithstanding section #g7;b77#c71 has used not less than #ej percent of the visitor-use days allocated to the recreation service provider under the transitional special recreation permit4 7#b7 ,term ,the term of a long-term special recreation permit under this subsection issued to replace a transitional special recreation permit under paragraph 7#a7 shall be for a period of #e or #aj years1 as determined to be appropriate by the ,secretary concerned4 7#c7 ,visitor-use day allocations ,in replacing a transitional special recreation permit under paragraph 7#a7 with a long-term special recreation permit for outfitting and guiding1 the ,secretary concerned may1 at the discretion of the ,secretary concerned1 increase the number of visitor-use days allocated to the recreation service provider under the long-term special recreation permit for outfitting and guiding4 7d7 ,effect ,nothing in this section alters or affects the authority of the ,secretary concerned to issue a special recreation permit under subsection 7h77#a7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 7as amended by section #c7;c77#c774 #f4 ,surrender of unused visitor-use days 7a7 ,in general ,a recreation service provider holding a special recreation permit described in paragraph 7#ac77;,a77iv7 of section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj77 may-- 7#a7 notify the ,secretary concerned of an inability to use visitor-use days annually allocated to the recreation service provider under the special recreation permit2 and 7#b7 surrender to the ,secretary concerned the unused visitor-use days for the applicable year for temporary reassignment under section #h7;b74 7b7 ,determination ,to ensure a recreation service provider described in subsection 7a7 is able to make an informed decision before surrendering any unused visitor-use day under subsection 7a77#b71 the ,secretary concerned shall1 on the request of the applicable recreation service provider1 determine and notify the recreation service provider whether the unused visitor-use day meets the requirement described in section #g7;b77#c77;,b7 before the recreation service provider surrenders the unused visitor-use day4 #g4 ,reviews for transitional permits and long-term permits 7a7 ,monitoring ,the ,secretary concerned shall monitor for compliance a recreation service provider-- 7#a7 annually1 in the case of a transitional special recreation permit for outfitting and guiding issued under section #e2 7#b7 once every #b years1 in the case of a special recreation permit described in paragraph 7#ac77;,a77iv77,i7 of section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj77 that is issued for a term of #aj years2 7#c7 in the case of a special recreation permit replaced under section #e with a long-term special recreation permit for outfitting and guiding with a term of #aj years1 during each of the #dth1 #fth1 #hth1 and #ajth years in which the long-term special recreation permit is in effect2 and 7#d7 in the case of a special recreation permit replaced under section #e with a long-term special recreation permit for outfitting and guiding with a term of #e years1 during each of the #dth and #eth years in which the special recreation permit is in effect4 7b7 ,use-of-,allocation reviews 7#a7 ,in general ,if the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 or the ,secretary1 as applicable1 allocates visitor-use days among special recreation permits for outfitting and guiding1 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 shall1 and the ,secretary may1 review the use by the recreation service provider of the visitor-use days allocated-- 7,a7 under a transitional special recreation permit issued under section #e1 not later than #ij days before the date on which the transitional special recreation permit expires2 and 7,b7 under a long-term special recreation permit described in paragraph 7#ac77;,a77iv77,i7 of section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj771 once every #e years4 7#b7 ,requirements of the review ,in conducting a review under paragraph 7#a71 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 or the ,secretary1 as applicable1 shall determine-- 7,a7 the number of visitor-use days that the recreation service provider has used each year under the transitional special recreation permit or the special recreation permit1 in accordance with paragraph 7#c72 and 7,b7 of the years identified under subparagraph 7,a71 the year in which the recreation service provider used the most visitor-use days4 7#c7 ,consideration of surrendered1 unused visitor-use days ,for the purposes of determining the number of visitor-use days a recreation service provider has used in a specified year under paragraph 7#b77;,a71 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 and the ,secretary1 as applicable1 shall consider an unused visitor-use day that has been surrendered under section #f7;a77#b7 as-- 7,a7 #a_/b of a visitor-use day used2 or 7,b7 #a visitor-use day used1 if the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 or the ,secretary1 as applicable1 determines the use of the allocated visitor-use day had been or will be prevented by a circumstance beyond the control of the recreation service provider4 #h4 ,adjustment of allocated visitor-use days 7a7 ,adjustments following use of allocation reviews ,on the completion of a use-of-allocation review of a special recreation permit described in paragraph 7#ac77;,a77iv77,i7 of section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj77 conducted under section #g7;b71 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 or the ,secretary1 as applicable1 shall adjust the number of visitor-use days allocated to a recreation service provider under the special recreation permit as follows3 7#a7 ,if the ,secretary concerned determines that the performance of the recreation service provider was satisfactory during the most recent review conducted under subsection 7a7 of section #g1 the annual number of visitor-use days allocated for each remaining year of the permit shall be equal to #abe percent of the number of visitor-use days used1 as determined under subsection 7b77#b77;,a7 of that section1 during the year identified under subsection 7b77#b77;,b7 of that section1 not to exceed the level allocated to the recreation service provider on the date on which the special recreation permit was issued4 7#b7 ,if the ,secretary concerned determines the performance of the recreation service provider is less than satisfactory during the most recent performance review conducted under subsection 7a7 of section #g1 the annual number of visitor-use days allocated for each remaining year of the special recreation permit shall be equal to not more than #ajj percent of the number of visitor-use days used1 as determined under subsection 7b77#b77;,a7 of that section during the year identified under subsection 7b77#b77;,b7 of that section4 7b7 ,temporary reassignment of unused visitor-use days ,the ,secretary concerned may temporarily assign unused visitor-use days1 made available under section #f7;a77#b7 to-- 7#a7 any other existing or potential recreation service provider1 notwithstanding the number of visitor-use days allocated to the special recreation permit holder under the special recreation permit held or to be held by the recreation service provider2 or 7#b7 any existing or potential holder of a special recreation permit described in clause 7i7 or 7iii7 of paragraph 7#ac77;,a7 of section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj771 including the public4 7c7 ,additional capacity ,if unallocated visitor-use days are available1 the ,secretary concerned may1 at any time1 amend a special recreation permit to allocate additional visitor-use days to a qualified recreation service provider4 #i4 ,permitting process improvements 7a7 ,in general ,to simplify the process of the issuance and reissuance of special recreation permits and reduce the cost of administering special recreation permits under subsection 7h7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 7as amended by section #c7;c77#c771 the ,secretaries shall-- 7#a7 during the period beginning on ,january #a1 #bjba1 and ending on ,january #a1 #bjbe-- 7,a7 evaluate the process for issuing special recreation permits2 and 7,b7 based on the evaluation under subparagraph 7,a71 identify opportunities-- 7i7 to eliminate duplicative processes with respect to issuing special recreation permits2 7ii7 to reduce costs for the issuance of special recreation permits2 7iii7 to decrease processing times for special recreation permits2 and 7iv7 to issue simplified special recreation permits1 including special recreation permits for an organized group recreation activity or event under subsection 7e72 and 7#b7 not later than #a year after the date on which the ,secretaries complete the evaluation and identification processes under paragraph 7#a71 revise1 as necessary1 relevant agency regulations and guidance documents1 including regulations and guidance documents relating to the environmental review process1 for special recreation permits to implement the improvements identified under paragraph 7#a77;,b74 7b7 ,environmental reviews 7#a7 ,in general ,the ,secretary concerned shall1 to the maximum extent practicable1 utilize available tools1 including tiering to existing programmatic reviews1 as appropriate1 to facilitate an effective and efficient environmental review process for activities undertaken by the ,secretary concerned relating to the issuance of special recreation permits4 7#b7 ,categorical exclusions ,not later than #a year after the date of enactment of this ,act1 the ,secretary concerned shall-- 7,a7 evaluate-- 7i7 whether existing categorical exclusions available to the ,secretary concerned on the date of enactment of this ,act are consistent with the provisions of this ,act2 and 7ii7 whether a modification of an existing categorical exclusion or the establishment of #a or more new categorical exclusions developed in compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 is necessary to undertake an activity described in paragraph 7#a7 in a manner consistent with the authorities and requirements in this ,act2 and 7,b7 revise relevant agency regulations and policy statements1 as necessary1 to modify existing categorical exclusions or incorporate new categorical exclusions based on the evaluation conducted under subparagraph 7,a74 7c7 ,needs assessments ,except as required under subsection 7c7 or 7d7 of section #d of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc71 the ,secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit under subsection 7h7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 7as amended by section #c7;c77#c774 7d7 ,online applications ,using funds made available to the ,secretaries1 not later than #c years after the date of enactment of this ,act1 the ,secretaries shall make the application for a special recreation permit under subsection 7h7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 7as amended by section #c7;c77#c771 including a reissuance of a special recreation permit under that section1 available for completion and submission-- 7#a7 online2 7#b7 by mail or electronic mail2 and 7#c7 in person at the field office for the applicable ,federal recreational lands and waters4 7e7 ,special recreation permits for an organized group recreation activity or event 7#a7 ,definitions ,in this subsection3 7,a7 ,special recreation permit for an organized group recreation activity or event ,the term special recreation permit for an organized group recreation activity or event means a special recreation permit described in subclause 7,i7 or 7,,iii7 of paragraph 7#ac77;,a77iii7 of section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj774 7,b7 ,youth group ,the term youth group means a recreation service provider that predominantly serves individuals not older than #be years of age4 7#b7 ,exemption from certain allocations of use ,if the ,secretary concerned allocates visitor-use days available for an area or activity on ,federal recreational lands and waters among recreation service providers that hold a permit described in paragraph 7#ac77;,a77iv7 of section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj771 a special recreation permit for an organized group recreation activity or event shall not be subject to that allocation of visitor-use days4 7#c7 ,issuance ,in accordance with paragraphs 7#e7 and 7#f71 if use by the general public is not subject to a limited entry permit system and if capacity is available for the times or days in which the proposed activity or event would be undertaken1 on request of a recreation service provider 7including a youth group7 to conduct an organized group recreation activity or event described in subclause 7,i7 or 7,,iii7 of paragraph 7#ac77;,a77iii7 of section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj771 the ,secretary concerned-- 7,a7 shall make a nominal effects determination to determine whether the proposed activity or event would have more than nominal effects on ,federal recreational lands and waters1 resources1 and programs2 and 7,b7 7i7 shall not require a recreation service provider 7including a youth group7 to obtain a special recreation permit for an organized group recreation activity or event if the ,secretary concerned determines-- 7,i7 the proposed activity or event to be undertaken would have only nominal effects on ,federal recreational lands and waters1 resources1 and programs2 and 7,,ii7 establishing additional terms and conditions for the proposed activity or event is not necessary to protect or avoid conflict on or with ,federal recreational lands and waters1 resources1 and programs2 7ii7 in the case of an organized group recreation activity or event described in subclause 7,i7 of that paragraph1 may issue to a recreation service provider 7including a youth group7 a special recreation permit for an organized group recreation activity or event1 subject to any terms and conditions as are determined to be appropriate by the ,secretary concerned1 if the ,secretary concerned determines-- 7,i7 the proposed activity or event to be undertaken would have only nominal effects on ,federal recreational lands and waters1 resources1 and programs2 and 7,,ii7 establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with ,federal recreational lands and waters1 resources1 and programs2 7iii7 in the case of an organized group recreation activity or event described in subclause 7,,iii7 of that paragraph1 shall issue to a recreation service provider 7including a youth group7 a special recreation permit for an organized group recreation activity or event1 subject to such terms and conditions determined to be appropriate by the ,secretary concerned1 if the ,secretary concerned determines-- 7,i7 the proposed activity or event to be undertaken would have only nominal effects on ,federal recreational lands and waters1 resources1 and programs2 and 7,,ii7 establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with ,federal recreational lands and waters1 resources1 and programs2 and 7iv7 may issue to a recreation service provider 7including a youth group7 a special recreation permit for an organized group recreation activity or event1 subject to any terms and conditions determined to be appropriate by the ,secretary concerned1 if the ,secretary concerned determines-- 7,i7 the proposed activity or event to be undertaken may have more than nominal effects on ,federal recreational lands and waters1 resources1 and programs2 and 7,,ii7 establishing additional terms and conditions for the proposed activity or event would be necessary to protect or avoid conflict on or with ,federal recreational lands and waters1 resources1 and programs4 7#d7 ,fees ,the ,secretary concerned may elect not to charge a fee to a recreation service provider 7including a youth group7 for a special recreation permit for an organized group recreation activity or event4 7#e7 ,savings clause ,nothing in this subsection prevents the ,secretary concerned from limiting or abating the allowance of a proposed activity or event under paragraph 7#c77;,b77i7 or the issuance of a special recreation permit for an organized group recreation activity or event1 based on resource conditions1 administrative burdens1 or safety issues4 7#f7 ,qualifications ,a special recreation permit for an organized group recreation activity or event issued under paragraph 7#c7 shall be subject to the health and safety standards required by the ,secretary concerned for a permit issued under paragraph 7#ac77;,a77iv7 of section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj774 #aj4 ,service ,first ,initiative and multijurisdictional trips 7a7 ,repeal ,section #ccj of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjja 7#dc ,u4,s4,c4 #agjc71 is repealed4 7b7 ,cooperative action and sharing of resources by the secretaries of the interior and agriculture 7#a7 ,in general ,for fiscal year #bjab and each fiscal year thereafter1 the ,secretaries1 subject to annual review of ,congress1 may carry out an initiative1 to be known as the ,service ,first ,initiative1 under which the ,secretaries and agencies and bureaus within the ,department of the ,interior and the ,department of ,agriculture-- 7,a7 may establish programs to conduct projects1 planning1 permitting1 leasing1 contracting1 and other activities1 either jointly or on behalf of one another2 7,b7 may co-locate in ,federal offices and facilities leased by an agency of the ,department of the ,interior or the ,department of ,agriculture2 and 7,c7 may issue special rules to test the feasibility of issuing unified permits1 applications1 and leases4 7#b7 ,delegations of authority ,the ,secretaries may make reciprocal delegations of the respective authorities1 duties1 and responsibilities of the ,secretaries in support of the ,service ,first ,initiative agency-wide to promote customer service and efficiency4 7#c7 ,effect ,nothing in this section alters1 expands1 or limits the applicability of any law 7including regulations7 to land administered by the ,bureau of ,land ,management1 ,national ,park ,service1 ,united ,states ,fish and ,wildlife ,service1 or the ,forest ,service or matters under the jurisdiction of any other bureaus or offices of the ,department of the ,interior or the ,department of ,agriculture1 as applicable4 7#d7 ,transfers of funding ,to facilitate the sharing of resources under the ,service ,first ,initiative1 the ,secretaries may make transfers of funds and reimbursements of funds on an annual basis1 including transfers and reimbursements for multi-year projects1 subject to the limitation that this authority may not be used to circumvent requirements and limitations imposed on the use of ,federal funds4 7c7 ,pilot program for special recreation permits for multijurisdictional trips 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretaries shall establish a pilot program to offer to a person seeking an authorization for a multijurisdictional trip a single joint special recreation permit or commercial use authorization that authorizes the use of each unit of ,federal recreational lands and waters on which the multijurisdictional trip occurs1 subject to the authorities that apply to the applicable unit of ,federal recreational lands and waters4 7#b7 ,minimum number of permits ,not later than #d years after the date of enactment of this ,act1 the ,secretaries shall issue not fewer than #aj single joint special recreation permits described in paragraph 7#ac77;,a77iv7 of section #hjb of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhja7 7as amended by section #c7;b77#aj77 or commercial use authorizations under the pilot program established under paragraph 7#a74 7#c7 ,lead agencies ,in carrying out the pilot program established under paragraph 7#a71 the ,secretaries shall-- 7,a7 designate a lead agency for issuing and administering a single joint special recreation permit or commercial use authorization2 and 7,b7 select not fewer than #d offices at which a person shall be able to apply for a single joint special recreation permit or commercial use authorization1 of which-- 7i7 not fewer than #b offices are managed by the ,secretary2 and 7ii7 not fewer than #b offices are managed by the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 7#d7 ,retention of authority by the applicable secretary ,each of the ,secretaries shall retain the authority to enforce the terms1 stipulations1 conditions1 and agreements in a single joint special recreation permit or commercial use authorization issued under the pilot program established under paragraph 7#a7 that apply specifically to the use occurring on the ,federal recreational lands and waters managed by the applicable ,secretary1 under the authorities that apply to the applicable ,federal recreational lands and waters4 7#e7 ,option to apply for separate special recreation permits or commercial use authorizations ,a person seeking an authorization for a multijurisdictional trip may apply for-- 7,a7 a separate special recreation permit or commercial use authorization for the use of each unit of ,federal recreational lands and waters on which the multijurisdictional trip occurs2 or 7,b7 a single joint special recreational permit or commercial use authorization made available under the pilot program established under paragraph 7#a74 7#f7 ,effect ,nothing in this subsection applies to a concession contract issued by the ,national ,park ,service for the provision of accommodations1 facilities1 or services4 #aa4 ,permit flexibility 7a7 ,in general ,the ,secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection 7h7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 7as amended by section #c7;c77#c771 on the approval of the ,secretary concerned1 to engage in another recreational activity under the special recreation permit that is substantially similar to the specific activity authorized under the special recreation permit4 7b7 ,criteria ,for the purposes of this section1 a recreational activity shall be considered to be a substantially similar recreational activity if the recreational activity-- 7#a7 is comparable in type1 nature1 scope1 and ecological setting to the specific activity authorized under the special recreation permit2 7#b7 does not result in a greater impact on natural and cultural resources than the impact of the authorized activity2 7#c7 does not adversely affect-- 7,a7 any other holder of a special recreation permit or other permit2 or 7,b7 any other authorized use of the ,federal recreational lands and waters2 and 7#d7 is consistent with-- 7,a7 any applicable laws 7including regulations72 and 7,b7 the land management plan1 resource management plan1 or equivalent plan applicable to the ,federal recreational lands and waters4 7c7 ,effect ,nothing in this section affects any authority of1 regulation issued by1 or decision of the ,secretary concerned relating to the use of electric bicycles on ,federal recreational lands and waters under any other ,federal law4 #ab4 ,liability 7a7 ,insurance requirements 7#a7 ,in general ,except as provided in paragraph 7#b71 as a condition of issuing a special recreation permit under subsection 7h77#a77;,b7 of section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 7as amended by section #c7;c77#c77 or a commercial use authorization1 the ,secretary concerned may require the holder of the special recreation permit or commercial use authorization to have a commercial general liability insurance policy that-- 7,a7 is commensurate with the level of risk of the activities to be conducted under the special recreation permit or commercial use authorization2 and 7,b7 includes the ,united ,states as an additional insured in an endorsement to the applicable policy4 7#b7 ,exception ,the ,secretary concerned shall not require a holder of a special recreation permit or commercial use authorization for low-risk activities1 as determined by the ,secretary concerned1 including commemorative ceremonies and participation by the public in a recreation activity or recreation use of a specific area of ,federal recreational lands and waters in which use by the public is allocated1 to comply with the requirements of paragraph 7#a74 7b7 ,indemnification by governmental entities ,the ,secretary concerned shall not require a ,state1 ,state agency1 ,state institution1 or political subdivision of a ,state to indemnify the ,united ,states for tort liability as a condition for issuing a special recreation permit or commercial use authorization to the extent the ,state1 ,state agency1 ,state institution1 or political subdivision of a ,state is precluded by ,state law from providing indemnification to the ,united ,states for tort liability1 if the ,state1 ,state agency1 ,state institution1 or political subdivision of the ,state maintains the minimum amount of liability insurance coverage required by the ,federal land management agency for the activities conducted under the special recreation permit or commercial use authorization in the form of-- 7#a7 a commercial general liability insurance policy1 which includes the ,united ,states as an additional insured in an endorsement to the policy1 if the ,state is authorized to obtain commercial general liability insurance by ,state law2 7#b7 self-insurance1 which covers the ,united ,states as an additional insured1 if authorized by ,state law2 or 7#c7 a combination of the coverage described in paragraphs 7#a7 and 7#b74 7c7 ,exculpatory agreements 7#a7 ,in general ,except as provided in paragraph 7#b71 a ,federal land management agency shall not implement1 administer1 or enforce any regulation1 guidance1 or policy prohibiting the use of an exculpatory agreement between a recreation service provider or a holder of a commercial use authorization and a customer relating to services provided under a special recreation permit or a commercial use authorization4 7#b7 ,requirements ,any exculpatory agreement used by a recreation service provider or holder of a commercial use authorization for an activity authorized under a special recreation permit or commercial use authorization-- 7,a7 shall shield the ,united ,states from any liability1 if otherwise allowable under ,federal law2 and 7,b7 shall not waive any liability of the recreation service provider or holder of the commercial use authorization that may not be waived under the laws 7including common law7 of the applicable ,state or for gross negligence1 recklessness1 or willful misconduct4 7#c7 ,consistency ,not later than #b years after the date of enactment of this ,act1 the ,secretaries shall-- 7,a7 review the policies of the ,secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations2 and 7,b7 revise any policy described in subparagraph 7,a7 as necessary to make the policies of the ,secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations consistent with this subsection and across all ,federal recreational lands and waters4 7d7 ,effect ,nothing in this section applies to a concession contract issued by the ,national ,park ,service for the provision of accommodations1 facilities1 or services4 #ac4 ,cost recovery reform 7a7 ,cost recovery for special recreation permits ,in addition to a fee collected under section #hjc of the ,federal ,lands ,recreation ,enhancement ,act 7#af ,u4,s4,c4 #fhjb7 or any other authorized fee collected by the ,secretary concerned1 the ,secretary concerned may assess and collect a reasonable fee from an applicant for1 and holder of1 a special recreation permit to recover administrative costs incurred by the ,secretary concerned for-- 7#a7 processing a proposal or application for the special recreation permit2 7#b7 issuing the special recreation permit2 and 7#c7 monitoring the special recreation permit to ensure compliance with the terms and conditions of the special recreation permit4 7b7 ,de minimis exemptions from cost recovery ,if the administrative costs described in subsection 7a7 are assessed on an hourly basis1 the ,secretary concerned shall-- 7#a7 establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administrative costs described in subsection 7a72 and 7#b7 charge an applicant only for any hours that exceed the de minimis threshold4 7c7 ,multiple applications ,if the ,secretary concerned collectively processes multiple applications for special recreation permits for the same or similar services in the same unit of ,federal recreational lands and waters1 the ,secretary concerned shall1 to the extent practicable-- 7#a7 assess from the applicants the fee described in subsection 7a7 on a prorated basis2 and 7#b7 apply the requirement described in subsection 7b7 to each applicant on an individual basis4 7d7 ,limitation ,the ,secretary concerned shall not assess or collect administrative costs under this section for a programmatic environmental review4 #ad4 ,effect ,except as provided in sections #d7;a71 #aj1 and #ab1 nothing in this ,act 7including an amendment made by this ,act7 affects the authority or responsibility of the ,secretary to award concessions contracts for the provision of accommodations1 facilities1 or services1 or commercial use authorizations4