16 USC 8549 - Cost recovery reform

Collapse to view only § 8549. Cost recovery reform

§ 8541. Permitting process improvements
§ 8542. Permit flexibility
§ 8543. Permit administration
§ 8544. Service First Initiative; permits for multijurisdictional trips
§ 8545. Forest Service and Bureau of Land Management temporary special recreation permits for outfitting and guiding
§ 8546. Reviews for long-term permits
§ 8547. Adjustment of allocated visitor-use days
§ 8548. Liability
§ 8549. Cost recovery reform
§ 8550. Savings provision

§ 8541. Permitting process improvements

(a) In generalTo simplify the process of the issuance and or reissuance of special recreation permits and reduce the cost of administering special recreation permits under section 6802(h) of this title (as amended by this title), the Secretaries shall each—

(1) during the period beginning on January 1, 2021, and ending on January 1, 2025—

(A) evaluate the process for issuing special recreation permits; and

(B) based on the evaluation under subparagraph (A), identify opportunities to—

(i) eliminate duplicative processes with respect to issuing special recreation permits;

(ii) reduce costs for the issuance of special recreation permits;

(iii) decrease processing times for special recreation permits; and

(iv) issue simplified special recreation permits, including special recreation permits for an organized group recreation activity or event under subsection (e); and

(2) not later than 1 year after the date on which the Secretaries complete their respective evaluation and identification processes under paragraph (1), revise, as necessary, relevant agency regulations and guidance documents, including regulations and guidance documents relating to the environmental review process, for special recreation permits to implement the improvements identified under paragraph (1)(B).

(b) Environmental reviews

(1) In general

(2) Categorical exclusionsNot later than 2 years after January 4, 2025, the Secretary concerned shall—

(A) evaluate whether existing categorical exclusions available to the Secretary concerned on January 4, 2025, are consistent with the provisions of this subchapter;

(B) evaluate whether a modification of an existing categorical exclusion or the establishment of 1 or more new categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary to undertake an activity described in paragraph (1) in a manner consistent with the authorities and requirements in this subchapter; and

(C) revise relevant agency regulations and policy statements and guidance documents, as necessary, to modify existing categorical exclusions or incorporate new categorical exclusions based on evaluations conducted under this paragraph.

(d) Online applicationsNot later than 3 years after January 4, 2025, the Secretaries shall make the application for a special recreation permit under section 6802(h) of this title (as amended by this title), including a reissuance of a special recreation permit under that section, available for completion and submission—

(1) online;

(2) by mail or electronic mail; and

(3) in person at the field office for the applicable Federal recreational lands and waters.

(e) Special recreation permits for an organized group recreation activity or event

(1) DefinitionsIn this subsection:

(A) Special recreation permit for an organized group recreation activity or event

(B) Youth group

(2) Exemption from certain allocations of use

(3) IssuanceIn accordance with paragraphs (5) and (6), 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 undertaken, on request of a recreation service provider (including a youth group) to conduct an organized group recreation activity or event described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 6801 of this title (as amended by this title), the Secretary concerned—

(A) 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 waters, resources, and programs; and

(B)

(i) shall not require a recreation service provider (including a youth group) to obtain a special recreation permit for an organized group recreation activity or event if the Secretary concerned determines—(I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and(II) 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 waters, resources, and programs;

(ii) in the case of an organized group recreation activity or event described in section 6801(13)(A)(iii)(I) of this title, may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions as are determined to be appropriate by the Secretary concerned, if the Secretary concerned determines—(I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and(II) 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 waters, resources, and programs;

(iii) in the case of an organized group recreation activity or event described in section 6801(13)(A)(iii)(III) of this title, shall issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to such terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines—(I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and(II) 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 waters, resources, and programs; and

(iv) may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines—(I) the proposed activity or event to be undertaken may have more than nominal effects on Federal recreational lands and waters, resources, and programs; and(II) 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 waters, resources, and programs.

(4) Fees

(5) Savings clause

(6) Qualifications

(Pub. L. 118–234, title III, § 312, Jan. 4, 2025, 138 Stat. 2898.)

§ 8542. Permit flexibility

(a) In general

(b) CriteriaFor the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the 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 impact of the authorized activity;

(3) does not adversely affect—

(A) any other holder of a special recreation permit or other permit; or

(B) any other authorized use of the Federal recreational lands and waters; and

(4) is consistent with—

(A) any applicable laws (including regulations); and

(B) the land management plan, resource management plan, or equivalent plan applicable to the Federal recreational lands and waters.

(1) In generalA recreation service provider holding a special recreation permit described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title) may—

(A) notify the Secretary concerned of an inability to use visitor-use days annually allocated to the recreation service provider under the special recreation permit; and

(B) surrender to the Secretary concerned the unused visitor-use days for the applicable year for temporary reassignment under section 8547(b) of this title.

(2) Determination

(d) Effect

(Pub. L. 118–234, title III, § 313, Jan. 4, 2025, 138 Stat. 2901.)

§ 8543. Permit administration

(a) Permit availability

(1) Notifications of permit availability

(A) In general

(B) EffectNothing in this paragraph—

(i) applies to—(I) the reissuance of an existing special recreation permit or commercial use authorization for outfitting and guiding; or(II) the issuance of a new special recreation permit or new commercial use authorization for outfitting and guiding issued to the purchaser of—(aa) a recreation service provider that is the holder of an existing special recreation permit; or(bb) a holder of an existing commercial use authorization for outfitting and guiding; or

(ii) 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—(I) to issue a new special recreation permit or new commercial use authorization for outfitting and guiding; or(II) to add a new or additional use to an existing special recreation permit or an existing commercial use authorization for outfitting and guiding.

(2) Updates

(3) Electronic mail notifications

(b) Permit application or proposal acknowledgmentNot later than 60 days after the date on which the Secretary concerned receives a completed application or a complete proposal for a special recreation permit under section 6802(h)(1) of this title (as amended by this title), the Secretary concerned shall—

(1) provide to the applicant notice acknowledging receipt of the application or proposal; and

(2)

(A) issue a final decision with respect to the application or proposal; or

(B) provide to the applicant notice of a projected date for a final decision on the application or proposal.

(Pub. L. 118–234, title III, § 314, Jan. 4, 2025, 138 Stat. 2902.)

§ 8544. Service First Initiative; permits for multijurisdictional trips

(a) Omitted

(b) Cooperative action and sharing of resources by the Secretaries of the Interior and Agriculture

(1) In generalFor fiscal year 2024, and each fiscal year thereafter, the Secretaries may carry out an initiative, to be known as the “Service First Initiative”, under which the Secretaries, or Federal land management agencies within their departments, may—

(A) establish programs to conduct projects, planning, permitting, leasing, contracting, and other activities, either jointly or on behalf of one another;

(B) co-locate in Federal offices and facilities leased by an agency of the Department of the Interior or the Department of Agriculture; and

(C) issue rules to test the feasibility of issuing unified permits, applications, and leases, subject to the limitations in this section.

(2) Delegations of authority

(3) Effect

(4) Transfers of funding

(5) Report

(1) In general

(2) Minimum number of permits

(3) Lead agenciesIn carrying out the pilot program established under paragraph (1), the Secretaries shall—

(A) designate a lead agency for issuing and administering a set of separate special recreation permits or commercial use authorizations; and

(B) select not fewer than 4 offices at which a person shall be able to apply for a set of separate special recreation permits or commercial use authorizations, of which—

(i) not fewer than 2 offices are managed by the Secretary; and

(ii) not fewer than 2 offices are managed by the Secretary of Agriculture, acting through the Chief of the Forest Service.

(4) Retention of authority by the applicable Secretary

(5) Option to apply for separate special recreation permits or commercial use authorizationsA person seeking the appropriate permits or authorizations for a multijurisdictional trip may apply for—

(A) 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 occurs; or

(B) a set of separate special recreational permits or commercial use authorizations made available under the pilot program established under paragraph (1).

(6) Effect

(Pub. L. 118–234, title III, § 315, Jan. 4, 2025, 138 Stat. 2903.)

§ 8545. Forest Service and Bureau of Land Management temporary special recreation permits for outfitting and guiding

(a) In general

(b) Term of temporary permits

(d) Effect

(Pub. L. 118–234, title III, § 316, Jan. 4, 2025, 138 Stat. 2905.)

§ 8546. Reviews for long-term permits

(a) Monitoring

The Secretary concerned shall monitor each recreation service provider issued a special recreation permit for compliance with the terms of the permit—

(1) not less than annually or as frequently as needed (as determined by the Secretary concerned), in the case of a temporary special recreation permit for outfitting and guiding issued under section 8545 of this title; and

(2) not less than once every 2 years or as frequently as needed (as determined by the Secretary concerned), in the case of a special recreation permit described in paragraph (13)(A)(iv)(I) of

(b) Use-of-allocation reviews

(1) In general

(2) Requirements of the review

In conducting a review under paragraph (1), the Secretary concerned shall determine—

(A) the number of visitor-use days that the recreation service provider used each year under the special recreation permit, in accordance with paragraph (3); and

(B) the year in which the recreation service provider used the most visitor-use days under the special recreation permit.

(3) Consideration of surrendered, unused visitor-use days

For the purposes of determining the number of visitor-use days a recreation service provider used in a specified year under paragraph (2)(A), the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary, as applicable, shall consider an unused visitor-use day that has been surrendered under section 8542(c)(1)(B) of this title as—

(A) 1/2 of a visitor-use day used; or

(B) 1 visitor-use day used, if the Secretary concerned 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 provider.

(Pub. L. 118–234, title III, § 317, Jan. 4, 2025, 138 Stat. 2905.)

§ 8547. Adjustment of allocated visitor-use days

(a) Adjustments following use of allocation reviews

On the completion of a use-of-allocation review conducted under section 8546(b) of this title for a special recreation permit described in paragraph (13)(A)(iv)(I) of section 6801 of this title (as amended by this title), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall adjust the number of visitor-use days allocated to a recreation service provider under the special recreation permit as follows:

(1) If the Secretary concerned determines that the performance of the recreation service provider was satisfactory during the most recent review conducted under subsection (a) of section 8546 of this title, the annual number of visitor-use days allocated for each remaining year of the permit shall be equal to 125 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section, during the year identified under subsection (b)(2)(B) of that section, not to exceed the level allocated to the recreation service provider on the date on which the special recreation permit was issued.

(2) 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 (a) of section 8546 of this title, the annual number of visitor-use days allocated for each remaining year of the special recreation permit shall be equal to not more than 100 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section during the year identified under subsection (b)(2)(B) of that section.

(b) Temporary reassignment of unused visitor-use days

The Secretary concerned may temporarily assign unused visitor-use days, made available under section 8542(c)(1)(B) of this title, to—

(1) any other existing or potential recreation service provider, 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 provider; or

(2) any existing or potential holder of a special recreation permit described in clause (i) or (iii) of paragraph (13)(A) of section 6801 of this title (as amended by this title), including the public.

(Pub. L. 118–234, title III, § 318, Jan. 4, 2025, 138 Stat. 2906.)

§ 8548. Liability

(a) Insurance requirements

(1) In general

Except as provided in paragraph (2), as a condition of issuing a special recreation permit under subsection (h)(1)(B) of section 6802 of this title (as amended by this title) or a commercial use authorization, 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—

(A) is commensurate with the level of risk of the activities to be conducted under the special recreation permit or commercial use authorization; and

(B) includes the United States as an additional insured in an endorsement to the applicable policy.

(2) Exception

(b) Indemnification by governmental entities

The Secretary concerned shall not require a State, State agency, State institution, 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 State, State agency, State institution, or political subdivision of a State is precluded by State law from providing indemnification to the United States for tort liability, if the State, State agency, State institution, 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—

(1) a commercial general liability insurance policy, which includes the United States as an additional insured in an endorsement to the policy, if the State is authorized to obtain commercial general liability insurance by State law;

(2) self-insurance, which covers the United States as an additional insured, if authorized by State law; or

(3) a combination of the coverage described in paragraphs (1) and (2).

(1) In general

(2) 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—

(A) shall shield the United States from any liability, if otherwise allowable under Federal law; and

(B) shall not waive any liability of the recreation service provider or holder of the commercial use authorization that may not be waived under the laws (including common law) of the applicable State or for gross negligence, recklessness, or willful misconduct.

(3) Consistency

Not later than 2 years after January 4, 2025, the Secretaries shall—

(A) review the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations; and

(B) revise any policy described in subparagraph (A) 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 waters.

(d) Effect

(Pub. L. 118–234, title III, § 319, Jan. 4, 2025, 138 Stat. 2907.)

§ 8549. Cost recovery reform

(a) Cost recovery for special recreation permits

In addition to a fee collected under section 6802 of this title or any other authorized fee collected by the Secretary concerned, the Secretary concerned may assess and collect a reasonable fee from an applicant for, or holder of, a special recreation permit to recover administrative costs incurred by the Secretary concerned for—

(1) processing a proposal or application for the special recreation permit;

(2) issuing the special recreation permit; and

(3) monitoring the special recreation permit to ensure compliance with the terms and conditions of the special recreation permit.

(b) De minimis exemption from cost recovery

If the administrative costs described in subsection (a) are assessed on an hourly basis, the Secretary concerned shall—

(1) establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administrative costs described in subsection (a); and

(2) charge an applicant only for any hours that exceed the de minimis threshold.

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 waters, the Secretary concerned shall, to the extent practicable—

(1) assess from the applicants the fee described in subsection (a) on a prorated basis; and

(2) apply the exemption described in subsection (b) to each applicant on an individual basis.

(d) Limitation

(e) Cost reduction

(Pub. L. 118–234, title III, § 320, Jan. 4, 2025, 138 Stat. 2908.)

§ 8550. Savings provision

Nothing in this part, or in any amendment made by this part, shall be construed as affecting the authority or responsibility of the Secretary of the Interior to award concessions contracts for the provision of accommodations, facilities, and services, or commercial use authorizations to provide services, to visitors to U.S. Fish and Wildlife Service refuges or units of the National Park System pursuant to subchapter II of chapter 1019 of title 54 (formerly known as the “National Park Service Concessions Management Improvement Act of 1998”), except that sections 8543(a), 8544, 8548(a), 8548(b), and 8548(c) of this title shall also apply to commercial use authorizations under that Act.

(Pub. L. 118–234, title III, § 323, Jan. 4, 2025, 138 Stat. 2911.)