Sec. 9. Liability
491 words·~2 min read·
/bill/116/s/1665/is/section-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
To the extent authorized by applicable State law, the Secretary concerned shall authorize a permittee issued a special recreation permit for a public land unit under section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ) to require a client of the permittee to sign a form that— releases the permittee and any agents, employees, and other persons affiliated with the permittee from liability for ordinary negligence that arises out of or in connection with the authorized activities of the permittee; requires the client to indemnify and hold harmless the permittee and any agents, employees, and other persons affiliated with the permittee for any injury or damages the permittee may sustain as a result of any claim other than gross negligence that is caused by or arises out of or in connection with the involvement of the client in the authorized activities of the permittee; releases the United States and any agents, employees, and contractors of the United States from liability for ordinary negligence that arises out of or in connection with the authorized activities of the permittee; and requires the client to indemnify and hold harmless the United States and any agents, employees, and contractors of the United States for any injury or damages the United States or any agents, employees, and contractors of the United States may sustain as a result of any claim other than gross negligence that is caused by or arises out of or in connection with the involvement of the client in the authorized activities of the permittee.
A form under subsection (a)— shall not preclude claims of gross negligence against the permittee; shall not eliminate the obligation of the permittee to indemnify the United States unless the permittee is a recreation service provider that meets the requirements of paragraphs
(1)and
(2)of subsection (c); shall not affect the ability of the United States to recover as an additional insured under any insurance policy obtained by the permittee in connection with the authorized activities of the permittee; shall identify the State under the laws of which— the form, including any waiver or release, shall be enforced; and any claim or cause of action, whether in tort or in contract, relating to or arising out of the form shall be governed; and may be subject to review and approval by the Secretary concerned to ensure that the requirements of this subsection and subsection
(a)are met. The Secretary concerned may not require a recreation service provider to indemnify the United States as a condition for issuing a special recreation permit for a public land unit under this Act if— the recreation service provider is prohibited by State or local law from providing indemnification to the United States; and the recreation service provider— carries the minimum amount of liability insurance coverage required by the issuing agency for the activities conducted under the special recreation permit; or is self-insured for the same amount.
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U.S. Code