Sec. 8. Adjustment of allocated visitor-use days
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On the completion of a use-of-allocation review of a special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 3(b)(10)) conducted under section 7(b), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall adjust the number of visitor-use days allocated to a recreation service provider under the special recreation permit as follows: If the Secretary concerned determines that the performance of the recreation service provider was satisfactory during the most recent review conducted under subsection
(a)of section 7, the annual number of visitor-use days allocated for each remaining year of the permit shall be equal to 125 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section, during the year identified under subsection (b)(2)(B) of that section, not to exceed the level allocated to the recreation service provider on the date on which the special recreation permit was issued. If the Secretary concerned determines the performance of the recreation service provider is less than satisfactory during the most recent performance review conducted under subsection
(a)of section 7, the annual number of visitor-use days allocated for each remaining year of the special recreation permit shall be equal to not more than 100 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section during the year identified under subsection (b)(2)(B) of that section. The Secretary concerned may temporarily assign unused visitor-use days, made available under section 6(a)(2) to— any other existing or potential recreation service provider, notwithstanding the number of visitor-use days allocated to the special recreation permit holder under the special recreation permit held or to be held by the recreation service provider; or any existing or potential holder of a special recreation permit described in clause
(i)or
(iii)of paragraph (13)(A) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) (as amended by section 3(b)(10)), including the public. If unallocated visitor-use days are available, the Secretary concerned may, at any time, amend a special recreation permit to allocate additional visitor-use days to a qualified recreation service provider.
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Sec. 8
Adjustment of allocated visitor-use days
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