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Code · BILL · 116th Congress · S. 1665 (Introduced in Senate) — To modify the procedures for issuing special recreation permits for certain public land units, and for other purposes. · Sec. 3

Sec. 3. Special recreation permit and fee

979 words·~4 min read·/bill/116/s/1665/is/section-3

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Section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) is amended— in paragraph (1), by striking section 3(f) and inserting 803(f) ; in paragraph (2), by striking section 3(g) and inserting section 803(g) ; in paragraph (6), by striking section 5 and inserting section 805 ; in paragraph (9), by striking section 5 and inserting section 805 ; in paragraph (12), by striking section 7 and inserting section 807 ; in paragraph (13), by striking section 3(h) and inserting section 803(h) ; by redesignating paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), and
(13)as paragraphs (15), (1), (3), (4), (5), (6), (7), (8), (11), (10), and (14), respectively, and moving the paragraphs so as to appear in numerical order; by inserting after paragraph
(8)(as so redesignated) the following: The term recreation service provider means an individual or entity that— provides outfitting, guiding, or other recreation services; or conducts recreational or competitive events, including incidental sales. ; and by inserting after paragraph
(12)the following: The term special recreation permit means— with respect to the Forest Service, an outfitting and guiding special use permit; with respect to the National Park Service, a commercial use authorization for outfitting and guiding issued under— this Act; or section 101925 of title 54, United States Code; with respect to the United States Fish and Wildlife Service, a special use permit for recreational, sport fishing, or hunting outfitting and guiding; with respect to the Bureau of Land Management, a special recreation permit for commercial outfitting and guiding; and with respect to the Bureau of Reclamation, a use authorization for guiding, outfitting, or other recreational services. . Section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) is amended— in subsection (b)(5), by striking section 4(d) and inserting section 804(d) ; and by striking subsection
(h)and inserting the following: The Secretary may issue a special recreation permit for specialized individual or group uses of Federal recreational lands and waters, including— for outfitting, guiding, or other recreation services; for recreation or competitive events, which may include incidental sales; for the use of— a special area; or an area in which use is allocated; for motorized recreational vehicle use; and for a group activity or event. The Secretary may charge a special recreation permit fee in connection with the issuance of a special recreation permit under paragraph (1). Subject to clauses
(ii)and (iii), a special recreation permit fee under subparagraph
(A)for use of Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service shall not exceed the difference between— the sum of— 3 percent of the annual gross revenue of the recreation service provider for all activities authorized by the special recreation permit; and any applicable revenue addition; and any applicable revenue exclusion. In calculating the amount of a fee for a special recreation permit under clause (i), the Secretary concerned shall exclude— revenue from goods, services, souvenirs, merchandise, gear, food, and activities provided or sold by a special recreation permit holder in a location other than the Federal recreational lands and waters covered by the permit, including transportation costs, lodging, and any other service before or after a trip; and revenue from any recreational services provided by a special recreation permit holder for activities on Federal recreational lands and waters for which a separate permit is issued. For Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service, the Secretary may charge a per-person fee in connection with the issuance of a special recreation permit under paragraph (1). The total amount charged by the Secretary in connection with the issuance of a special recreation permit under paragraph
(1)using a per-person fee under subclause
(I)shall be comparable to the amount the Secretary may charge for a special recreation permit fee under subparagraph
(A)and clauses
(i)and (ii). Nothing in this subparagraph affects any fee for a commercial use authorization for use of Federal recreational lands and waters managed by the National Park Service. A special recreation permit holder may inform customers of any fee charged by the Secretary under this section. The Secretary shall make available to holders of special recreation permits under paragraph
(1)and the public an annual report describing the use of fees collected by the Secretary under paragraph (2). The report under subparagraph
(A)shall include a description of how the fees are used in each public land unit (as defined in section 2 of the SOAR Act ) administered by the Secretary, including an identification of the amounts used for specific activities within the public land unit. . Section 808 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6807 ) is amended— in subsection (a)(3)(F), by striking section 6(a) and inserting section 806(a) ; in subsection (d), by striking section 5 each place it appears and inserting section 805 ; by redesignating subsections
(b)through
(d)as subsections
(c)through (e), respectively; and by inserting after subsection
(a)the following: Revenue from a special recreation permit fee may be used for— the purposes described in subsection (a); and expenses— associated with processing applications for special recreation permits; and incurred in the improvement of the operation of the special recreation permit system. . Section 810 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6809 ) is amended— by striking The authority and inserting the following: Except as provided in subsection (b), the authority ; and by adding at the end the following: Subsection
(a)shall not apply to— section 802; subsection (d)(2) or
(h)of section 803; or subsection
(a)or
(b)of section 808. .
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Citation graph
cites case law
Sec. 3
Special recreation permit and fee
U.S.C.§ 6801
U.S.C.§ 6802
U.S.C.§ 6807
U.S.C.§ 6809
Cites 4Cited by 0 across 0 sources
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