Sec. 108. Liability
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/bill/117/hr/3670/ih/section-108A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A Federal land management agency shall not implement, administer, or enforce any regulation, guidance, or policy regarding the use of an exculpatory agreement between a special recreation permit holder and a customer of the special recreation permit holder relating to services provided under a special recreation permit. Nothing in this subsection preempts, displaces, modifies, or eliminates any State law (including common law) regarding exculpatory agreements. 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 Federal land unit under this section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ) 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