Sec. 8. Forest Service permit use reviews
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/bill/116/s/1665/is/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If the Secretary of Agriculture (referred to in this section as the Secretary ) conducts a special recreation permit use review in renewing a special recreation permit or adjusting allocations of use in a special recreation permit, the Secretary shall— take into consideration the performance of the special recreation permit holder during the reviewed period; and if the special recreation permit holder receives a satisfactory performance review, allocate to the special recreation permit holder the highest level of actual annual use during the period under review plus 25 percent of that use, not to exceed the level allocated to the special recreation permit holder on the date on which the special recreation permit was issued.
If additional use capacity is available, the Secretary may, at any time, assign the remaining use to one or more qualified recreation service providers. Notwithstanding subsection (a), in assigning additional use capacity under paragraph (1), the Secretary may assign additional use capacity to an existing special recreation permit holder even if that assignment would exceed the amount of use allocated to the special recreation permit holder on the date on which the special recreation permit was issued.
The Secretary may waive a special recreation permit use review for any period during which use of the assigned capacity has been prevented by a circumstance beyond the control of the special recreation permit holder, such as— unfavorable weather; fire; natural disaster; wildlife displacement; business interruption; insufficient availability of hunting and fishing licenses; or significant seasonal variability or off-peak periods within the allocated period of use. In any circumstance for which the holder of a special recreation permit would qualify for a waiver under subsection (c), on request of the holder of the special recreation permit, the Secretary may approve non-use by the holder of the special recreation permit without reducing the number of service days assigned to the special recreation permit.
The Secretary may assign any period of non-use approved under paragraph
(1)to another qualified recreation service provider.