Sec. 3. Outfitters and guides relief program
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In this section: The term eligible entity means— a holder of a special use permit that has fewer than 500 full-time equivalent employees; and a small- or medium-sized ski area with a special use permit to operate a ski area of National Forest System land. The term Fund means the Outfitters and Guides Relief Fund established by subsection (b). The term Secretary means the Secretary of the Treasury. The term special use permit means— with respect to the Forest Service— a special use authorization (as defined in section 251.51 of title 36, Code of Federal Regulations (or successor regulations)), for guiding or outfitting (as those terms are defined in that section (or successor regulations)); or a permit that a ski area is required to hold to operate on Federal land; with respect to the National Park Service, a commercial use authorization for outfitting and guiding issued under— section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ); or section 101925 of title 54, United States Code; with respect to the National Park Service, a concession contract for outdoor recreation activities awarded under subchapter II of chapter 1019 of title 54, United States Code (not including a commercial use authorization under section 101925 of that title); 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; with respect to the Bureau of Reclamation, a use authorization for guiding, outfitting, or other recreational services; with respect to the Coast Guard, a license issued by the Coast Guard to operate an uninspected passenger vessel described in section 2101(51)(B) of title 46, United States Code; with respect to the Corps of Engineers, a contract for recreation services; and with respect to a State agency that issues recreational special use permits to recreation service providers, a special use agreement for recreational services.
There is established in the Treasury of the United States a fund, to be known as the Outfitters and Guides Relief Fund . The Secretary shall use amounts in the Fund to provide payments to eligible entities in accordance with this section. In carrying out this section, the Secretary shall coordinate with— the Secretary of Agriculture, acting through the Chief of the Forest Service, in the case of a special use permit issued by the Forest Service; the Secretary of the Interior, in the case of a special use permit issued by— the Department of the Interior; or a State agency described in subsection (a)(4)(I); the Secretary of the department in which the Coast Guard is operating, acting though the Commandant of the Coast Guard, in the case of a special use permit issued by the Coast Guard; and the Secretary of Defense, in the case of a special use permit issued by the Corps of Engineers.
To receive a payment under this section, not later than 18 months after the date of enactment of this Act, an eligible entity shall submit to the Secretary an application to receive a payment. An eligible entity may submit applications under paragraph
(1)not more frequently than once every 90 days during the 18-month period beginning on the date of enactment of this Act. Subject to paragraphs
(2)and (3), the amount of a payment under this section shall be an amount equal to the difference between— during the period that the eligible entity was unable to provide recreational services at full capacity under a special use permit due to a State or Federal action resulting from the Coronavirus Disease 2019 (referred to in this subsection as the covered period ), the sum obtained by adding— the operating and administrative expenses, including payments to independent contractors, of the eligible entity directly relating to recreational services under the special use permit, as calculated based on the average of the 3 previous years; and the payroll expenses and owner compensation of the eligible entity directly relating to recreational services under the special use permit, as calculated based on the average of the 3 previous years; and the full gross revenue of the eligible entity during the covered period directly relating to recreational services under the special use permit. Subject to paragraph (3), in the case of an eligible entity that has been a holder of a special use permit for less than 3 years, the amount of a payment under this section shall be an amount equal to the lesser of— the operating expenses of the eligible entity during the covered period directly relating to recreational services under the special use permit during the covered period; and $30,000. An eligible entity shall not receive any amount under this section that covers expenses or compensation described in paragraphs
(1)and
(2)for which assistance has been provided under— section 7(a)(36) of the Small Business Act ( 15 U.S.C. 636(a)(36) ); section 7(b)(2) of that Act ( 15 U.S.C. 636(b)(2) ); or section 12005 of the CARES Act ( 15 U.S.C. 1512 note; Public Law 116–136 ). An eligible entity shall use a payment received under this section to continue business operations of the eligible entity. As a condition on the receipt of a payment under this section, an eligible entity shall retain not less than— 70 percent of the full-time equivalent positions of the eligible entity, based on the average number of full-time equivalent positions of the eligible entity during the comparable period, as determined by the Secretary, over the 3 previous years; and 60 percent of the contractor positions of the eligible entity, based on the average number of contractor positions of the eligible entity during the comparable period, as determined by the Secretary, over the 3 previous years. There is appropriated, out of amounts in the Treasury not otherwise appropriated, $2,000,000,000 to the Fund for the period of fiscal years 2021 and 2022, to remain available until expended.
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Sec. 3
Outfitters and guides relief program
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