Sec. 311. SPECIAL RECREATION PERMIT AND FEE

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## SEC. 311 SPECIAL RECREATION PERMIT AND FEE ###

(a)Definitions Section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) is amended— ####

(1)in the matter preceding paragraph (1), by striking “this Act” and inserting “this title”; ####

(2)in paragraph (1), by striking “section 3(f)” and inserting “section 803(f)”; ####

(3)in paragraph (2), by striking “section 3(g)” and inserting “section 803(g)”; ####

(4)in paragraph (6), by striking “section 5” and inserting “section 805”; ####

(5)in paragraph (9), by striking “section 5” and inserting “section 805”; ####

(6)in paragraph (12), by striking “section 7” and inserting “section 807”; ####

(7)in paragraph (13), by striking “section 3(h)” and inserting “section 803(h)(2)”; ####

(8)by redesignating paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), and

(13)as paragraphs (15), (1), (3), (4), (5), (6), (7), (8), (11), (10), and (14), respectively, and arranging the paragraphs (as so redesignated) to appear in numerical order; ####

(9)by inserting after paragraph

(8)(as so redesignated) the following: > > #### “(9) Recreation service provider > > The term ‘recreation service provider’ means a person that provides recreational services to the public under a special recreation permit under clause

(iii)or

(iv)of paragraph (13)(A).” > ; ####

(10)by inserting after paragraph

(12)the following: > > #### “(13) Special recreation permit > > > ##### “(A) In general > > The term ‘special recreation permit’ means a permit issued by a Federal land management agency for the use of Federal recreational lands and waters— > > > ###### “(i) > > for a specialized recreational use not described in clause (ii), (iii), or (iv), such as— > > > ###### “(I) > > an organizational camp; > > > ###### “(II) > > a single event that does not require an entry or participation fee that is not strictly a sharing of expenses for the purposes of the event; and > > > ###### “(III) > > participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated; > > > ###### “(ii) > > for a large-group activity or event of 75 participants or more; > > > ###### “(iii) > > for— > > > ###### “(I) > > at the discretion of the Secretary, a single organized group recreation activity or event (including an activity or event in which motorized recreational vehicles are used or in which outfitting and guiding services are used) that— > > > ###### “(aa) > > is a structured or scheduled event or activity; > > > ###### “(bb) > > is not competitive and is for fewer than 75 participants; > > > ###### “(cc) > > may charge an entry or participation fee; > > > ###### “(dd) > > involves fewer than 200 visitor-use days; and > > > ###### “(ee) > > is undertaken or provided by the recreation service provider at the same site not more frequently than 3 times a year; > > > ###### “(II) > > a single competitive event; or > > > ###### “(III) > > at the discretion of the Secretary, a recurring organized group recreation activity (including an outfitting and guiding activity) that— > > > ###### “(aa) > > is a structured or scheduled activity; > > > ###### “(bb) > > is not competitive; > > > ###### “(cc) > > may charge a participation fee; > > > ###### “(dd) > > occurs in a group size of fewer than 7 participants; > > > ###### “(ee) > > involves fewer than 40 visitor-use days; and > > > ###### “(ff) > > is undertaken or provided by the recreation service provider for a term of not more than 180 days; or > > > ###### “(iv) > > for— > > > ###### “(I) > > a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, the authorization for which is for a term of not more than 10 years; or > > > ###### “(II) > > a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, that occurs under a temporary special recreation permit authorized under section 316 of the EXPLORE Act. > > > ##### “(B) Exclusions > > The term ‘special recreation permit’ does not include— > > > ###### “(i) > > a concession contract for the provision of accommodations, facilities, or services; > > > ###### “(ii) > > a commercial use authorization issued under section 101925 of title 54, United States Code; or > > > ###### “(iii) > > any other type of permit, including a special use permit administered by the National Park Service.” > ; and ####

(11)by inserting at the end the following: > > #### “(16) State > > The term ‘State’ means each of the several States, the District of Columbia, and each territory of the United States.” > . ###

(b)Special Recreation Permits and Fees Section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended— ####

(1)by striking “this Act” each place it appears and inserting “this title”; ####

(2)in subsection (b)(5), by striking “section 4(d)” and inserting “section 804(d)”; and ####

(3)by striking subsection

(h)and inserting the following: > > ### “(h) Special Recreation Permits and Fees > > > #### “(1) Special recreation permits > > > ##### “(A) Applications > > The Secretary— > > > ###### “(i) > > may develop and make available to the public an application to obtain a special recreation permit described in clause

(i)of section 802(13)(A); and > > > ###### “(ii) > > shall develop and make available to the public an application to obtain a special recreation permit described in each of clauses

(ii)through

(iv)of section 802(13)(A). > > > ##### “(B) Issuance of permits > > On review of a completed application developed under subparagraph (A), as applicable, and a determination by the Secretary that the applicant is eligible for the special recreation permit, the Secretary may issue to the applicant a special recreation permit, subject to any terms and conditions that are determined to be necessary by the Secretary. > > > ##### “(C) Incidental sales > > A special recreation permit issued under this paragraph may include an authorization for sales that are incidental in nature to the permitted use of the Federal recreational lands and waters, except where otherwise prohibited by law. > > > #### “(2) Special recreation permit fees > > > ##### “(A) In general > > The Secretary may charge a special recreation permit fee for the issuance of a special recreation permit in accordance with this paragraph. > > > ##### “(B) Predetermined special recreation permit fees > > > ###### “(i) In general > > For purposes of subparagraphs

(D)and

(E)of this paragraph, the Secretary shall establish and may charge a predetermined fee, described in clause

(ii)of this subparagraph, for a special recreation permit described in clause

(iii)or

(iv)of section 802(13)(A) for a specific type of use on a unit of Federal recreational lands and waters, consistent with the criteria set forth in clause

(iii)of this subparagraph. > > > ###### “(ii) Type of fee > > A predetermined fee described in clause

(i)shall be— > > > ###### “(I) > > a fixed fee that is assessed per special recreation permit, including a fee with an associated size limitation or other criteria as determined to be appropriate by the Secretary; or > > > ###### “(II) > > an amount assessed per visitor-use day. > > > ###### “(iii) Criteria > > A predetermined fee under clause

(i)shall— > > > ###### “(I) > > have been established before the date of the enactment of the EXPLORE Act; > > > ###### “(II) > > be established after the date of the enactment of the EXPLORE Act, in accordance with subsection (b); > > > ###### “(III) > > > ######

(aa)> > be established after the date of the enactment of the EXPLORE Act; and > > > ###### “(bb) > > be comparable to an amount described in subparagraph (D)(ii) or (E)(ii), as applicable; or > > > ###### “(IV) > > beginning on the date that is 2 years after the date of the enactment of the EXPLORE Act, be $6 per visitor-use day in instances in which the Secretary has not established a predetermined fee under subclause (I), (II), or (III). > > > ##### “(C) Calculation of fees for specialized recreational uses and large-group activities or events > > The Secretary may, at the discretion of the Secretary, establish and charge a fee for a special recreation permit described in clause

(i)or

(ii)of section 802(13)(A). > > > ##### “(D) Calculation of fees for single organized group recreation activities or events, competitive events, and certain recurring organized group recreation activities > > If the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iii), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider— > > > ###### “(i) > > the applicable predetermined fee established under subparagraph (B); or > > > ###### “(ii) > > an amount equal to a percentage of, to be determined by the Secretary, but to not to exceed 5 percent of, adjusted gross receipts calculated under subparagraph (F). > > > ##### “(E) Calculation of fees for temporary permits and long-term permits > > Subject to subparagraph (G), if the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iv), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider— > > > ###### “(i) > > the applicable predetermined fee established under subparagraph (B); or > > > ###### “(ii) > > an amount equal to a percentage of, to be determined by the Secretary, but not to exceed 3 percent of, adjusted gross receipts calculated under subparagraph (F). > > > ##### “(F) Adjusted gross receipts > > For the purposes of subparagraphs (D)(ii) and (E)(ii), the Secretary shall calculate the adjusted gross receipts collected for each trip or event authorized under a special recreation permit, using either of the following calculations, based on the election of the recreation service provider: > > > ###### “(i) > > The sum of— > > > ###### “(I) > > the product obtained by multiplying— > > > ###### “(aa) > > the general amount paid by participants of the trip or event to the recreation service provider for the applicable trip or event (excluding amounts related to goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider); and > > > ###### “(bb) > > the quotient obtained by dividing— > > > ###### “(AA) > > the number of days of the trip or event that occurred on Federal recreational lands and waters covered by the special recreation permit, rounded to the nearest whole day; by > > > ###### “(BB) > > the total number of days of the trip or event; and > > > ###### “(II) > > the amount of any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit. > > > ###### “(ii) > > The difference between— > > > ###### “(I) > > the total cost paid by the participants of the trip or event for the trip or event to the recreation service provider, including any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit; and > > > ###### “(II) > > the sum of— > > > ###### “(aa) > > the amount of any revenues from goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider to the participants of the applicable trip or event; > > > ###### “(bb) > > the amount of any costs or revenues from services and activities provided or sold by the recreation service provider to the participants of the trip or event that occurred in a location other than the Federal recreational lands and waters covered by the special recreation permit (including costs for travel and lodging outside the Federal recreational lands and waters covered by the special recreation permit); and > > > ###### “(cc) > > the amount of any revenues from any service provided by a recreation service provider for an activity on Federal recreational lands and waters that is not covered by the special recreation permit. > > > ##### “(G) Exception > > Notwithstanding subparagraph (E), the Secretary may charge a recreation service provider a minimum annual fee for a special recreation permit described in section 802(13)(A)(iv). > > > ##### “(H) Savings clauses > > > ###### “(i) Effect > > Nothing in this paragraph affects any fee for— > > > ###### “(I) > > a concession contract administered by the National Park Service or the United States Fish and Wildlife Service for the provision of accommodations, facilities, or services; or > > > ###### “(II) > > a commercial use authorization or special use permit for use of Federal recreational lands and waters managed by the National Park Service. > > > ###### “(ii) Cost recovery > > Nothing in this paragraph affects the ability of the Secretary to recover any administrative costs under section 320 of the EXPLORE Act. > > > ###### “(iii) Special recreation permit fees and other recreation fees > > The collection of a special recreation permit fee under this paragraph shall not affect the authority of the Secretary to collect an entrance fee, a standard amenity recreation fee, or an expanded amenity recreation fee authorized under subsections (e), (f), and (g). > > > ### “(i) Disclosure of Recreation Fees and Use of Recreation Fees > > > #### “(1) Notice of entrance fees, standard amenity recreation fees, expanded amenity recreation fees, and available recreation passes > > > ##### “(A) In general > > The Secretary shall post clear notice of any entrance fee, standard amenity recreation fee, expanded amenity recreation fee, and available recreation passes— > > > ###### “(i) > > at appropriate locations in each unit or area of Federal recreational land and waters at which an entrance fee, standard amenity recreation fee, or expanded amenity recreation fee is charged; and > > > ###### “(ii) > > on the appropriate website for such unit or area. > > > ##### “(B) Publications > > The Secretary shall include in publications distributed at a unit or area or described in subparagraph

(A)the notice described in that subparagraph. > > > #### “(2) Notice of uses of recreation fees > > Beginning on January 1, 2026, the Secretary shall annually post, at the location at which a recreation fee described in paragraph (1)(A) is collected, clear notice of— > > > ##### “(A) > > the total recreation fees collected during each of the 2 preceding fiscal years at the respective unit or area of the Federal land management agency; and > > > ##### “(B) > > each use during the preceding fiscal year of the applicable recreation fee or recreation pass revenues collected under this section. > > > #### “(3) Notice of recreation fee projects > > To the extent practicable, the Secretary shall post clear notice at the location at which work is performed using recreation fee and recreation pass revenues collected under this section. > > > #### “(4) Centralized reporting on agency websites > > > ##### “(A) In general > > Not later than January 1, 2025, and not later than 60 days after the beginning of each fiscal year thereafter, the Secretary shall post on the website of the applicable Federal land management agency a searchable list of each use during the preceding fiscal year of the recreation fee or recreation pass revenues collected under this section. > > > ##### “(B) List components > > The list required under subparagraph

(A)shall include, with respect to each use described in that subparagraph— > > > ###### “(i) > > a title and description of the overall project; > > > ###### “(ii) > > a title and description for each component of the project; > > > ###### “(iii) > > the location of the project; and > > > ###### “(iv) > > the amount obligated for the project. > > > #### “(5) Notice to customers > > A recreation service provider may inform a customer of the recreation service provider of any fee charged by the Secretary under this section.” > . ###

(c)Conforming Amendment Section 804 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6803) is amended by striking subsection (e). ###

(d)Use of Special Recreation Permit Revenue Section 808 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended— ####

(1)by striking “this Act” each place it appears and inserting “this title”; ####

(2)in subsection (a)(3)— #####

(A)in subparagraph (E), by striking “and” at the end; #####

(B)in subparagraph (F), by striking “6(a) or a visitor reservation service.” and inserting “806(a) or a visitor reservation service;”; and #####

(C)by adding at the end the following: > > ##### “(G) > > the processing of special recreation permit applications and administration of special recreation permits; and > > > ##### “(H) > > the improvement of the operation of the special recreation permit program under section 803(h).” > ; and ####

(3)in subsection (d)— #####

(A)in paragraph (1), by striking “section 5(a)(7)” and inserting “section 805(a)(7)”; and #####

(B)in paragraph (2), by striking “section 5(d)” and inserting “section 805(d)”. ###

(e)Reauthorization Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended by striking “2019” and inserting “2031”.

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Sec. 311

SPECIAL RECREATION PERMIT AND FEE

U.S.C.§ 6801