Union Calendar No. 460
117th CONGRESS 2d Session |
[Report No. 117–637, Part I]
To improve access for outdoor recreation through the use of special recreation permits on Federal recreational lands and waters, and for other purposes.
June 1, 2021
Mr. Neguse (for himself, Ms. DeGette, Mrs. Dingell, and Mr. Gallego) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
December 14, 2022
Additional sponsors: Mr. Perlmutter and Mr. Crow
December 14, 2022
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
December 14, 2022
Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 1, 2021]
To improve access for outdoor recreation through the use of special recreation permits on Federal recreational lands and waters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “Simplifying Outdoor Access for Recreation Act” or the “SOAR Act”.
(b) Table of contents.—The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 101. Definitions.
Sec. 102. Special recreation permit and fee.
Sec. 103. Permitting process improvements.
Sec. 104. Permit flexibility.
Sec. 105. Permit administration.
Sec. 106. Permits for multijurisdictional trips.
Sec. 107. Forest Service permit use reviews.
Sec. 108. Liability.
Sec. 109. Cost recovery reform.
Sec. 110. Extension of special recreation permits.
Sec. 111. Availability of Federal and State recreation passes.
Sec. 112. Online purchases of America the Beautiful—The National Parks and Federal Recreational Lands Pass.
Sec. 113. Savings provision.
Sec. 201. Extension of seasonal recreation opportunities.
Sec. 202. Recreation performance metrics.
Sec. 301. Private-sector volunteer enhancement program.
Sec. 302. Enhancing outdoor recreation through public lands service organizations.
In this Act:
(1) FEDERAL LAND MANAGEMENT AGENCY.—The term “Federal land management agency” has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801).
(2) FEDERAL RECREATIONAL LANDS AND WATERS.—The term “Federal recreational lands and waters” has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801).
In this title:
(1) ASSOCIATED AGENCY.—The term “associated agency” means the Federal land management agency, other than the lead agency, that manages a Federal land unit that is the subject of a single joint special recreation permit under section 106.
(2) LEAD AGENCY.—With respect to a single joint special recreation permit application submitted under section 106(a), the term “lead agency” means the Federal land management agency designated to administer the single joint special recreation permit under section 106(a)(2).
(6) SECRETARY CONCERNED.—The term “Secretary concerned” means—
(7) SPECIAL RECREATION PERMIT.—The term “special recreation permit” has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801).
(a) Definitions.—Section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) is amended—
(7) 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 moving the paragraphs so as to appear in numerical order;
(9) by inserting after paragraph (12) the following:
“(13) SPECIAL RECREATION PERMIT.—The term ‘special recreation permit’ means a permit issued by a Federal Land Management Agency for specialized individual or group uses of Federal recreational lands and waters, including—
(b) Special recreation permit and fee.—Section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended—
(2) by striking subsection (h) and inserting the following:
“(h) Special recreation permit and fee.—
“(1) SPECIAL RECREATION PERMIT.—The Secretary may issue a special recreation permit for specialized individual or group uses of Federal recreational lands and waters as defined in section 802(13) of this Act (16 U.S.C. 6801).
“(2) SPECIAL RECREATION PERMIT FEE.—
“(A) IN GENERAL.—The Secretary may charge a special recreation permit fee in connection with the issuance of a special recreation permit under paragraph (1).
“(B) FEES FOR CERTAIN LANDS.—
“(i) IN GENERAL.—Subject to clauses (ii) and (iii), a special recreation permit fee under subparagraph (A) for use of Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service shall not exceed the difference between—
“(ii) EXCLUSION OF CERTAIN REVENUES AND PAYMENTS.—In calculating the amount of a fee for a special recreation permit under clause (i), the Secretary concerned shall exclude—
“(I) revenue from goods, services, souvenirs, merchandise, gear, food, and activities provided or sold by a special recreation permit holder in a location other than the Federal recreational lands and waters covered by the permit, including transportation costs, lodging, and any other service before or after a trip; and
“(iii) ALTERNATIVE PER-PERSON FEE.—
“(I) IN GENERAL.—For Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service, the Secretary may charge a per-person fee in connection with the issuance of a special recreation permit under paragraph (1).
“(II) AMOUNT OF FEE.—The total amount charged by the Secretary in connection with the issuance of a special recreation permit under paragraph (1) using a per-person fee under subclause (I) shall not exceed the amount the Secretary may charge for a special recreation permit fee under subparagraph (A) and clauses (i) and (ii).
“(3) REPORTS.—
“(A) IN GENERAL.—The Secretary shall make available to holders of special recreation permits under paragraph (1) and the public an annual report describing the use of fees collected by the Secretary under paragraph (2).
“(B) REQUIREMENTS.—The report under subparagraph (A) shall include a description of how the fees are used in each Federal land unit (as defined in section 2 of the SOAR Act) administered by the Secretary, including an identification of the amounts used for specific activities within the Federal land unit.”.
(c) Use of special recreation permit revenue.—Section 808 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended—
(d) Permanent authorization.—Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended—
(a) In general.—To simplify the process of the issuance and renewal of special recreation permits and reduce the cost of administering special recreation permits, the Secretary concerned shall—
(b) Categorical exclusions.—
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary concerned shall—
(A) evaluate whether 1 or more additional categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) would reduce processing times or costs for the issuance or renewal of special recreation permits without significantly affecting the human environment; and
(B) if the Secretary concerned determines under subparagraph (A) that 1 or more additional categorical exclusions would reduce processing times or costs for the issuance or renewal of special recreation permits without significantly affecting the human environment—
(i) establish those categorical exclusions in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) ADMINISTRATION.—
(A) IN GENERAL.—In administering a categorical exclusion established under paragraph (1)(B), the Secretary concerned shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (including regulations promulgated pursuant to that Act).
(c) Needs assessments.—Except as required under subsection (c) or (d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit for a Federal land unit under this Act.
(d) Online applications.—The Secretary concerned shall make applications for special recreation permits available to be completed and submitted online unless the Secretary concerned determines that making applications for special recreation permits available to be completed and submitted online would not improve the efficiency or accessibility of the permitting process.
(a) Similar activities.—The Secretary concerned shall establish a permit administration protocol that authorizes, to the maximum extent practicable, a permittee issued a special recreation permit for a Federal land unit under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) to engage in a recreational activity that is substantially similar to the specific activity authorized under the special recreation permit, if the substantially similar recreational activity—
(1) is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit;
(2) does not result in a greater impact on natural and cultural resources than the authorized activity;
(b) Voluntary return of surplus service days.—The Secretary concerned shall establish a program to allow a permittee issued a special recreation permit for a Federal land unit to voluntarily and temporarily return to the Secretary concerned 1 or more surplus service days, to be made available to any other existing or potential permittee.
(c) Forest service and bureau of land management temporary special recreation permits.—
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary concerned shall establish and implement a program to authorize the issuance of temporary special recreation permits for new or additional recreational uses of Federal recreational land and water managed by the Forest Service and the Bureau of Land Management.
(2) TERM OF TEMPORARY PERMITS.—A temporary special recreation permit issued under paragraph (1) shall be issued for a period of not more than 2 years.
(3) CONVERSION TO LONG-TERM PERMIT.—If the Secretary concerned determines that a permittee under paragraph (1) has completed 2 years of satisfactory operation under the permit proposed to be converted, the Secretary may provide for the conversion of a temporary special recreation permit issued under paragraph (1) to a long-term special recreation permit.
(4) EFFECT.—Nothing in this subsection alters or affects the authority of the Secretary to issue a special recreation permit under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(1)).
(a) Permit availability.—
(1) NOTIFICATION OF PERMIT AVAILABILITY.—
(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), if the Secretary concerned has determined that the Department of Agriculture or the Department of the Interior, as applicable, is able to issue new special recreation permits to recreation service providers seeking to use a Federal land unit, the Secretary concerned shall publish that information on the website of the agency that administers the relevant Federal land unit.
(B) EXCEPTION FOR CERTAIN PERMITS.—With respect to a Federal land unit managed by the Forest Service or the Bureau of Land Management, subparagraph (A) shall apply only to a long-term special recreation permit for the Federal land unit.
(2) UPDATES.—The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public.
(a) Single joint special recreation permits.—
(1) IN GENERAL.—In the case of a multijurisdictional trip, the Federal land management agencies with jurisdiction over the multijurisdictional trip may offer to the applicant a single joint special recreation permit that authorizes the use of each Federal land unit under the jurisdiction of those Federal land management agencies.
(2) LEAD AGENCY.—In offering a single joint special recreation permit under paragraph (1), the applicable Federal land management agencies shall designate a lead agency for administering the single joint special recreation permit based on the following considerations:
(A) The length of the multijurisdictional trip and the relative portions of the multijurisdictional trip on each Federal land unit.
(B) The congressional or administrative designations that apply to the areas to be used during the multijurisdictional trip and the degree to which those designations impose limitations on recreational use.
(3) APPLICATION.—An applicant desiring to be offered a single joint special recreation permit under paragraph (1) shall submit to the lead agency an application, as required by the lead agency.
(4) OPTION TO APPLY FOR SEPARATE PERMITS.—An applicant for a special recreation permit for a multijurisdictional trip may apply to each applicable Federal land management agency for a separate permit for the portion of the multijurisdictional trip on the Federal land unit managed by each applicable Federal land management agency.
(b) Requirements.—In issuing a single joint special recreation permit under subsection (a), the lead agency shall—
(1) coordinate with each associated agency, consistent with the authority of the Secretary concerned under section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), to develop and issue 1 joint permit that covers the entirety of the multijurisdictional trip;
(2) in processing the joint special recreation permit application, incorporate the findings, interests, and needs of the associated agency;
(c) Cost recovery.—The coordination with the associated agency under subsection (b) shall not be subject to cost recovery.
(d) Enforcement authority.—
(1) DELEGATION OF AUTHORITY TO LEAD AGENCY.—In administering a single joint special recreation permit under subsection (a), the associated agency shall delegate to the lead agency the authority—
(A) to enforce the terms, stipulations, conditions, and agreements of the joint special recreation permit, as may be required by the regulations of the Secretary of the associated agency; and
(2) RETENTION OF AUTHORITY BY THE ASSOCIATED AGENCY.—The associated agency shall retain the authority to enforce the terms, stipulations, conditions, and agreements in the joint special recreation permit that apply specifically to the use occurring on the Federal land unit managed by the associated agency.
(e) Withdrawal.—
(1) IN GENERAL.—The lead agency or an associated agency may withdraw from a joint special recreation permit at any time.
(2) ISSUANCE OF SEPARATE PERMITS.—
(A) IN GENERAL.—In the case of a withdrawal by 1 or more agencies under paragraph (1), if the holder of the joint special recreation permit is in compliance with the requirements of the joint special recreation permit, the lead agency and each associated agency shall issue to the holder of the joint special recreation permit a new, separate special recreation permit for any use occurring on the Federal land unit managed by the agency.
(a) In general.—If the Secretary of Agriculture (referred to in this section as the “Secretary”) conducts a special recreation permit use review in renewing a special recreation permit or adjusting allocations of use in a special recreation permit, the Secretary shall—
(1) take into consideration the performance of the special recreation permit holder during the reviewed period; and
(2) if the special recreation permit holder receives a satisfactory performance review, allocate to the special recreation permit holder the highest level of actual annual use during the period under review plus 25 percent of that use, not to exceed the level allocated to the special recreation permit holder on the date on which the special recreation permit was issued.
(b) Additional capacity.—
(1) IN GENERAL.—If additional use capacity is available the Secretary may, at any time, assign additional use capacity to 1 or more qualified recreation service providers.
(2) ASSIGNMENT NOT SUBJECT TO CAP ON USE.—Notwithstanding subsection (a), in assigning additional use capacity under paragraph (1), the Secretary may assign additional use capacity to an existing special recreation permit holder even if that assignment would exceed the amount of use allocated to the special recreation permit holder on the date on which the special recreation permit was issued.
(c) Waiver.—The Secretary may waive a special recreation permit use review for any period during which use of the assigned capacity has been prevented by a circumstance beyond the control of the special recreation permit holder, such as—
(d) Approval of non-Use.—
(1) IN GENERAL.—In any circumstance for which the holder of a special recreation permit would qualify for a waiver under subsection (c), on request of the holder of the special recreation permit, the Secretary may approve non-use by the holder of the special recreation permit without reducing the number of service days assigned to the special recreation permit.
(a) Exculpatory agreements.—
(1) IN GENERAL.—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.
(b) Indemnification by government entities.—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—
(a) Revision of regulations.—
(1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall revise section 251.58 of title 36, Code of Federal Regulations, and the Secretary of the Interior shall revise subsections (e) and (f) of section 2932.31 of title 43, Code of Federal Regulations, to be consistent with this section.
(b) De minimis exemption from cost recovery.—
(1) IN GENERAL.—Any regulation promulgated by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover the costs of processing an application for a special recreation permit issued by the U.S. Forest Service or the Bureau of Land Management, or for monitoring an authorization under a special recreation permit issued by the Forest Service or the Bureau of Land Management, shall include an exemption providing that fees may not be recovered for not less than the first 50 hours of work necessary in any 1 year to process the application or monitor the authorization.
(2) MULTIPLE APPLICATIONS.—In situations involving multiple applications for special recreation permits issued by the Forest Service or the Bureau of Land Management for similar services in the same Federal land unit or area that, in the aggregate, require more hours to process than are exempt under the regulations promulgated under paragraph (1), the Secretary concerned shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest—
(a) In general.—Subject to subsection (b), if the holder of a long-term special recreation permit makes a timely and sufficient request for renewal of the long-term special recreation permit, the expiration of the permit shall be tolled in accordance with the undesignated matter following section 558(c)(2) of title 5, United States Code, until such time as the request for renewal has been finally determined by the Secretary concerned.
(a) In general.—The Federal Lands Recreation Enhancement Act is amended by inserting after section 805 (16 U.S.C. 6804) the following:
“SEC. 805A. Availability of Federal and State recreation passes.
“(a) Establishment of program.—
“(1) IN GENERAL.—To improve the availability of Federal and State outdoor recreation passes, the Secretaries are encouraged to consult with States to coordinate the availability of Federal and State recreation passes to allow a purchaser to buy a Federal recreation pass and a State recreation pass in the same transaction.
“(b) Agreements with states.—
“(1) IN GENERAL.—The Secretaries, after consultation with the States, may enter into agreements with States to coordinate the availability of passes as described in subsection (a).
(b) Clerical amendment.—The table of contents for the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) is amended by inserting after the item relating to section 805 the following:
“Sec. 805A. Availability of Federal and State recreation passes.”.
(a) In general.—Section 805(a)(6) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(a)(6)) is amended by striking subparagraph (A) and inserting the following:
(b) Entrance pass and amenity fees.—The Secretaries shall make available for payment online, if appropriate and feasible, for each Federal land unit where passes and fees are required—
(1) all entrance fees under section 803(e) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(e));
(2) all standard amenity recreation fees under section 803(f) of that Act (16 U.S.C. 6802(f)); and
(3) all expanded amenity recreation fees under section 803(g) of that Act (16 U.S.C. 6802(g)).
Nothing in this Act, or in any amendment made by this Act, shall be construed as affecting the authority or responsibility of the Secretary of the Interior to award concessions contracts for the provision of accommodations, facilities, and services, or commercial use authorizations to provide services, to visitors to units of the National Park System pursuant to the National Park Service Concessions Management Improvement Act of 1998, except that sections 103(a), 103(b), 103(d), 104(a), 104(b), 106, 108(a), and 108(b) of this Act shall also apply to commercial use authorizations under that Act.
(a) In general.—
(1) EXTENSION OF RECREATIONAL SEASON.—The relevant unit managers of Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, and the National Park Service may—
(A) identify areas of Federal recreational lands and waters in which recreation use is highly seasonal;
(a) In general.—The Chief of the Forest Service and the Director of the Bureau of Land Management shall evaluate land managers under their jurisdiction based on the achievement of applicable agency recreational and tourism metrics as described in applicable land management plans.
(a) Purpose.—The purpose of this section is to promote private-sector volunteer programs within the Department of the Interior and the Department of Agriculture to enhance stewardship, recreation access, and sustainability of the resources, values, and facilities of the Federal recreational lands and waters managed by the Federal land management agencies.
(b) Definitions.—In this section:
(c) Establishment.—The Secretary concerned shall carry out a program under which the Secretary concerned shall—
(d) Cooperative agreements for stewardship of Federal land.—
(1) AUTHORITY TO ENTER INTO AGREEMENTS.—The Secretary concerned may enter into cooperative agreements (in accordance with section 6305 of title 31, United States Code) with private agencies, organizations, institutions, corporations, individuals, or other entities to carry out one or more projects or programs with a Federal land management agency in accordance with this section.
(2) PROJECT AND PROGRAM INSTRUCTIONS.—The Secretary concerned shall include in the cooperative agreement the desired outcomes of the project or program and the guidelines for the volunteers to follow, including—
(3) AUTHORIZED PROJECTS AND PROGRAMS.—Subject to paragraph (4), the Secretary concerned may use a cooperative agreement to carry out projects and programs for Federal land that—
(B) support maintaining the resources, trails, and facilities on Federal land in a sustainable manner;
(4) CONDITIONS ON USE OF AUTHORITY.—The Secretary concerned may use a cooperative agreement under paragraph (1) to carry out a project or program for the Federal land only if the project or program—
(B) is consistent with an applicable management plan for any Federal recreational lands and waters involved;
In carrying out projects on Federal recreational lands and waters that would directly or indirectly enhance recreation, the Secretaries shall—
(1) to the maximum extent practicable—
(A) use qualified youth or conservation corps as defined in section 203(11) of the Public Lands Corps Act of 1993 (16 U.S.C. 1722(11)); and
(2) enter into cooperative agreements with the Corps Network, the National Wilderness Stewardship Alliance, American Trails, other public lands stewardship organizations, outdoor recreation businesses, and outdoor recreation university programs, as appropriate, for the purpose of identifying appropriate projects, activities, and workforce development outcomes; and
(3) waive any matching funds requirements, including under section 212(a)(1) of the Public Lands Corps Act of 1993 (16 U.S.C. 1729(a)(1)).
Union Calendar No. 460 | |||||
| |||||
[Report No. 117–637, Part I] | |||||
A BILL | |||||
To improve access for outdoor recreation through the use of special recreation permits on Federal recreational lands and waters, and for other purposes. | |||||
December 14, 2022 | |||||
Reported from the Committee on Natural Resources with an amendment | |||||
December 14, 2022 | |||||
Committee on Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |