Sec. 314. Reviews for transitional permits and long-term permits
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The Secretary concerned shall monitor for compliance a recreation service provider— annually, in the case of a transitional special recreation permit for outfitting and guiding issued under section 312; once every 2 years, in the case 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 202(10)) that is issued for a term of 10 years; in the case of a special recreation permit replaced under section 312 with a long-term special recreation permit for outfitting and guiding with a term of 10 years, during each of the 4th, 6th, 8th, and 10th years in which the long-term special recreation permit is in effect; and in the case of a special recreation permit replaced under section 312 with a long-term special recreation permit for outfitting and guiding with a term of 5 years, during each of the 4th and 5th years in which the special recreation permit is in effect.
If the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, allocates visitor-use days among special recreation permits for outfitting and guiding, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, and the Secretary may, review the use by the recreation service provider of the visitor-use days allocated— under a transitional special recreation permit issued under section 312, not later than 90 days before the date on which the transitional special recreation permit expires; and under a long-term 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 202(10)), once every 5 years.
In conducting a review under paragraph (1), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall determine— the number of visitor-use days that the recreation service provider has used each year under the transitional special recreation permit or the special recreation permit, in accordance with paragraph (3); and of the years identified under subparagraph (A), the year in which the recreation service provider used the most visitor-use days.
For the purposes of determining the number of visitor-use days a recreation service provider has used in a specified year under paragraph (2)(A), the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary, as applicable, shall consider an unused visitor-use day that has been surrendered under section 313(a)(2) as— 1/2 of a visitor-use day used; or 1 visitor-use day used, if the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, determines the use of the allocated visitor-use day had been or will be prevented by a circumstance beyond the control of the recreation service provider.
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Sec. 314
Reviews for transitional permits and long-term permits
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