Sec. 109. Cost recovery reform
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Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall revise section 251.58 of title 36, Code of Federal Regulations, and the Secretary of the Interior shall revise section 2932.31 of title 43, Code of Federal Regulations, to be consistent with this section. In carrying out paragraph (1), the Secretaries shall not include anything in the revised regulations that would limit the authority of the Secretaries to issue or renew special recreation permits.
Any regulation promulgated by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover the costs of processing an application for a special recreation permit or monitoring an authorization under a special recreation permit shall include an exemption providing that fees may not be recovered for not less than the first 50 hours of work necessary in any 1 year to process the application or monitor the authorization. In situations involving multiple applications for special recreation permits for similar services in the same public land unit or area that, in the aggregate, require more hours to process than are exempt under the regulations promulgated under paragraph (1), the Secretary concerned shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest— determine the share of the aggregate quantity of hours to be allocated to each application on an equal or prorated basis, as appropriate; and for each application, apply a separate exemption as specified in the regulations promulgated under paragraph
(1)to the share of the aggregate hours allocated to the application. To the maximum extent practicable, the Secretary concerned processing an application for a special recreation permit shall use existing studies and analysis to reduce the quantity of work and costs necessary to process the application.