H. Rept. 115-320 - GUIDES AND OUTFITTERS ACT115th Congress (2017-2018)
Committee Report
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115th Congress } { Rept. 115-320
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
GUIDES AND OUTFITTERS ACT
_______
September 21, 2017.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 289]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 289) to authorize the Secretary of the Interior
and the Secretary of Agriculture to issue permits for
recreation services on lands managed by Federal agencies, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Guides and
Outfitters Act'' or the ``GO Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; definitions.
Sec. 2. Special recreation permit and fee.
Sec. 3. Permit across multiple jurisdictions.
Sec. 4. Guidelines and permit fee calculation.
Sec. 5. Use of permit fees for permit administration.
Sec. 6. Adjustment to permit use reviews.
Sec. 7. Authorization of temporary permits for new uses for the Forest
Service and BLM.
Sec. 8. Indemnification requirements.
Sec. 9. Streamlining of permitting process.
Sec. 10. Cost recovery reform.
Sec. 11. Extension of Forest Service recreation priority use permits.
(c) Definitions.--In this Act:
(1) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to a
Federal land management agency (other than the Forest
Service); and
(B) the Secretary of Agriculture, with respect to the
Forest Service.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture
acting jointly.
SEC. 2. SPECIAL RECREATION PERMIT AND FEE.
Subsection (h) of section 803 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) is amended to read as follows:
``(h) Special Recreation Permit and Fee.--
``(1) In general.--The Secretary may--
``(A) issue a special recreation permit for Federal
recreational lands and waters; and
``(B) charge a special recreation permit fee in
connection with the issuance of the permit.
``(2) Special recreation permits.--The Secretary may issue
special recreation permits in the following circumstances:
``(A) For specialized individual and group use of
Federal facilities and Federal recreational lands and
waters, such as, but not limited to, use of special
areas or areas where use is allocated, motorized
recreational vehicle use, and group activities or
events.
``(B) To recreation service providers who conduct
outfitting, guiding, and other recreation services on
Federal recreational lands and waters managed by the
Forest Service, Bureau of Land Management, Bureau of
Reclamation, or the United States Fish and Wildlife
Service.
``(C) To recreation service providers who conduct
recreation or competitive events, which may involve
incidental sales on Federal recreational lands and
waters managed by the Forest Service, Bureau of Land
Management, Bureau of Reclamation, or the United States
Fish and Wildlife Service.
``(3) Reduction in federal costs and duplication of
analysis.--
``(A) In general.--The issuance of a new special
recreation permit for activities under paragraph (2)
shall be categorically excluded from further analysis
and documentation under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the
proposed use is the same as or similar to a previously
authorized use and the Secretary determines that such
issuance does not have significant environmental
effects based upon application of the extraordinary
circumstances procedures established by the Secretary
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(B) Definition.--For the purposes of this
paragraph, the term `similar' means--
``(i) substantially similar in type, nature,
and scope; and
``(ii) will not result in significant new
impacts.
``(4) Relation to fees for use of highways or roads.--An
entity that pays a special recreation permit fee shall not be
subject to a road cost-sharing fee or a fee for the use of
highways or roads that are open to private, noncommercial use
within the boundaries of any Federal recreational lands or
waters, as authorized under section 6 of Public Law 88-657 (16
U.S.C. 537).''.
SEC. 3. PERMIT ACROSS MULTIPLE JURISDICTIONS.
(a) In General.--In the case of an activity requiring permits
pursuant to subsection (h) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) for use of lands managed by
both the Forest Service and the Bureau of Land Management--
(1) the Secretaries may issue a joint permit based upon a
single application to both agencies when issuance of a joint
permit based upon a single application will lower processing
and other administration costs for the permittee, provided that
the permit applicant shall have the option to apply for
separate permits rather than a joint permit; and
(2) the permit application required under paragraph (1) shall
be--
(A) the application required by the lead agency; and
(B) submitted to the lead agency.
(b) Requirements of the Lead Agency.--The lead agency for a permit
under subsection (a) shall--
(1) coordinate with the associated agencies, consistent with
the authority of the Secretaries under section 330 of the
Department of the Interior and Related Agencies Appropriations
Act, 2001 (43 U.S.C. 1703), to develop and issue the single,
joint permit that covers the entirety of the trip;
(2) in processing the joint permit application, incorporate
the findings, interests, and needs of the associated agencies,
provided that such coordination shall not be subject to cost
recovery; and
(3) complete the permitting process within a reasonable time
after receiving the permit application.
(c) Effect on Regulations.--Nothing in this section shall alter,
expand, or limit the applicability of any Federal law (including
regulations) to lands administered by the relevant Federal agencies.
(d) Definitions.--In this section:
(1) Associated agency.--The term ``associated agency'' means
an agency that manages the land on which the trip of the
special recreation permit applicant will enter after leaving
the land managed by the lead agency.
(2) Lead agency.--The term ``lead agency'' means the agency
that manages the land on which the trip of the special
recreation permit applicant will begin.
SEC. 4. GUIDELINES AND PERMIT FEE CALCULATION.
(a) Guidelines and Exclusion of Certain Revenues.--The Secretary
shall--
(1) publish guidelines in the Federal Register for
establishing recreation permit fees; and
(2) provide appropriate deductions from gross revenues used
as the basis for the fees established under paragraph (1) for--
(A) revenue from goods, services, and activities
provided by a recreation service provider outside
Federal recreational lands and waters, such as costs
for transportation, lodging, and other services before
or after a trip; and
(B) fees to be paid by permit holder under applicable
law to provide services on other Federal lands, if
separate permits are issued to that permit holder for a
single event or trip.
(b) Fee Conditions.--The fee charged by the Secretary for a permit
issued under section 803(h) of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6802(h)) shall not exceed 3 percent of the recreational
service provider's annual gross revenue for activities authorized by
the permit on Federal lands, plus applicable revenue additions, minus
applicable revenue exclusions or a similar flat per person fee.
(c) Disclosure of Fees.--A holder of a special recreation permit may
inform its customers of the various fees charged by the Secretary under
section 803(h) of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6802(h)).
SEC. 5. USE OF PERMIT FEES FOR PERMIT ADMINISTRATION.
(a) Deposits.--Subject to subsection (b), revenues from special
recreation permits issued to recreation service providers under
subparagraphs (B) and (C) of section 803(h)(2) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall be held in
special accounts established for each specific unit or area for which
such revenues are collected, and shall remain available for
expenditure, without further appropriation, until expended.
(b) Use of Permit Fees.--Revenues from special recreation permits
issued to recreation service providers under subparagraphs (B) and (C)
of section 803(h)(2) of the Federal Lands Recreation Enhancement Act
(16 U.S.C. 6802(h)(2)) shall be used only--
(1) to partially offset the Secretary's direct cost of
administering the permits;
(2) to improve and streamline the permitting process; and
(3) for related recreation infrastructure and other purposes
specifically to support recreation activities at the specific
site for which use is authorized under the permit, after
obtaining input from any related permittees; provided, however,
that the Federal Advisory Committee Act (5 U.S.C. App. 1 et
seq.) shall not apply to any advisory committee or other group
established to carry out this paragraph.
(c) Limitation on Use of Fees.--The Secretary may not use any permit
fees for biological monitoring on Federal recreational lands and waters
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for
listed or candidate species.
SEC. 6. ADJUSTMENT TO PERMIT USE REVIEWS.
(a) In General.--In reviewing and adjusting allocations of use for
priority use permits for special uses of Federal recreational lands and
waters managed by the Forest Service, and in renewing such permits, the
Secretary of Agriculture shall allocate to a permit holder a level of
use that is no less than the highest amount of actual annual use over
the reviewed period plus 25 percent, capped at the amount of use
allocated when the permit was issued unless additional capacity is
available. The Secretary may assign any use remaining after adjusting
allocations on a temporary basis to qualified permit holders.
(b) Waiver.--Use reviews under subsection (a) may be waived for
periods in which circumstances that prevented use of assigned capacity,
such as weather, fire, natural disasters, wildlife displacement,
business interruptions, insufficient availability of hunting and
fishing licenses, or when allocations on permits include significant
shoulder seasons. The authorizing office may approve non-use without
reducing the number of service days assigned to the permit in such
circumstances at the request of the permit holder. Approved non-use may
be temporarily assigned to other qualified permit holders when
conditions warrant.
SEC. 7. AUTHORIZATION OF TEMPORARY PERMITS FOR NEW USES FOR THE FOREST
SERVICE AND BLM.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Agriculture and the Secretary of the Interior shall
establish and implement a program to authorize temporary permits for
new recreational uses of Federal recreational lands and waters managed
by the Forest Service or the Bureau of Land Management, respectively,
and to provide for the conversions of such temporary permits to long-
term permits after 2 years of satisfactory operation. The issuance and
conversion of such permits shall be subject to subsection (h)(3) of
section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6802).
SEC. 8. INDEMNIFICATION REQUIREMENTS.
(a) Indemnification.--A permit holder that is prohibited by the State
from providing indemnification to the Federal Government shall be
considered to be in compliance with indemnification requirements of the
Department of the Interior and the Department of Agriculture if the
permit holder carries the required minimum amount of liability
insurance coverage or is self-insured for the same minimum amount.
(b) Exculpatory Agreements.--The Secretary shall not implement,
administer or enforce any regulation or policy prohibiting the use of
exculpatory agreements between recreation service providers and their
customers for services provided under a special recreation permit.
SEC. 9. STREAMLINING OF PERMITTING PROCESS.
(a) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall revise part
251, subpart B, of title 36 Code of Federal Regulations, and the
Secretary of the Interior shall revise subpart 2932, of title 43, Code
of Federal Regulations, to streamline the processes for the issuance
and renewal of outfitter and guide special use permits. Such amended
regulations shall--
(1) shorten application processing times and minimize
application and administration costs; and
(2) provide for the use of programmatic environmental
assessments and categorical exclusions for environmental
reviews under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for the issuance or renewal of outfitter
and guide and similar recreation special use permits when the
Secretary determines that such compliance is required, to the
maximum extent allowable under applicable law, including, but
not limited to, use of a categorical exclusion as provided
under section 803(h)(3) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802(h)(3)).
(b) Online Applications.--To the maximum extent practicable, where
feasible and efficient, the Secretary shall make special recreation
permit applications available to be filled out and submitted online.
SEC. 10. COST RECOVERY REFORM.
(a) Regulatory Process.--Not later than 180 days after the date of
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 section 2932.31(e) and (f) of
title 43, Code of Federal Regulations, to reduce costs and minimize the
burden of cost recovery on small businesses and adverse impacts of cost
recovery on jobs in the outfitting and guiding industry and on rural
economies provided, however, that nothing in the revised regulations
shall further limit the Secretary's authority to issue or renew
recreation special use permits.
(b) De Minimis Exemption.--
(1) Cost recovery limitation.--Any regulations issued by the
Secretary of the Interior or the Secretary of Agriculture to
establish fees to recover processing costs for recreation
special use applications and monitoring costs for recreation
special use authorizations shall include an exemption providing
that at least the first 50 hours of work necessary in any one
year to process and/or monitor such an application shall not be
subject to cost recovery. The application of a 50-hour credit
per permit shall also apply to any monitoring fees on a per
annum basis during the term of each permit.
(2) Application of exemption.--An exemption under paragraph
(1) shall apply to the processing of each recreation special
use permit application and monitoring of each recreation
special use authorization for which cost recovery is required,
including any application or authorization requiring more than
50 hours (or such other greater number of hours specified for
exemption) to process or monitor. In the event that the amount
of work required to process such an application or monitor such
an authorization exceeds the specified exemption, the amount of
work for which cost recovery is required shall be reduced by
the amount of the exemption.
(3) Multiple applications.--In situations involving multiple
recreation special use applications for similar services in the
same unit or area that require more than 50 hours (or such
other greater number of hours specified for exemption) in the
aggregate to process, the Secretary shall, regardless of
whether the applications are solicited or unsolicited and
whether there is competitive interest--
(A) determine the share of the aggregate amount to be
allocated to each application, on an equal or prorated
basis, as appropriate; and
(B) for each application, apply a separate exemption
of up to 50 hours (or such other greater number of
hours specified for exemption) to the share allocated
to such application.
(4) Cost reduction.--The agency processing a recreation
special use application shall utilize existing studies and
analysis to the greatest extent practicable in order to reduce
the amount of work and cost necessary to process the
application.
(5) Limitation.--The Secretary of the Interior and the
Secretary of Agriculture may not recover as processing costs
for recreation special use applications and monitoring costs
for recreation special use authorizations any costs for
consultations conducted under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536) or for biological
monitoring on Federal recreational lands and waters under such
Act for listed, proposed, or candidate species.
(6) Waiver of cost recovery.--The Secretary of the Interior
and the Secretary of Agriculture may waive the recovery of
costs for processing recreation special use permit applications
and renewals, on a categorical or case-by-case basis as
appropriate, if the Secretary determines that--
(A) such costs would impose a significant economic
burden on any small business or category of small
businesses;
(B) such cost recovery could threaten the ability of
an applicant or permittee to provide, in a particular
area, a particular outdoor recreational activity that
is consistent with the public interest and with
applicable resource management plans; or
(C) prevailing economic conditions are unfavorable,
such as during economic recessions, or when drought,
fire, or other natural disasters have depressed
economic activity in the area of operation.
SEC. 11. EXTENSION OF FOREST SERVICE RECREATION PRIORITY USE PERMITS.
Where the holder of a special use permit for outfitting and guiding
that authorizes priority use has submitted a request for renewal of
such permit in accordance with applicable laws and regulations, the
Secretary of Agriculture shall have the authority to grant the holder
one or more extensions of the existing permit for additional items not
to exceed 5 years in the aggregate, as necessary to allow the Secretary
to complete the renewal process and to avoid the interruption of
services under such permit. Before granting an extension under this
section, the Secretary shall take all reasonable and appropriate steps
to complete the renewal process before the expiration of the special
use permit.
Purpose of the Bill
The purpose of H.R. 289 is to authorize the Secretary of
the Interior and the Secretary of Agriculture to issue permits
for recreation services on lands managed by Federal agencies.
Background and Need for Legislation
In 2004, President George W. Bush signed the Federal Lands
Recreation Enhancement Act (FLREA, Public Law 108-447)). This
Act provides the Secretary of the Interior and the Secretary of
Agriculture the authority to issue a special recreation permit
and charge a special recreation permit fee for specialized uses
of federal lands, such as outfitting, group activities,
recreation events, and motor vehicle use. Special recreation
and special use permits are issued to manage visitor use,
protect natural and cultural resources, minimize recreational
use conflicts, provide for the health and safety of visitors,
and ensure a fair return to the government for commercial and
other uses of public lands. Each year, the U.S. Forest Service
(USFS) and the Bureau of Land Management (BLM) issue thousands
of special recreation and special use permits for events,
competitions, and outfitting and guiding on agency-managed
lands.
Under FLREA, fees paid to USFS and BLM by permittees,
including outfitters and guides, are retained by the agency.
Most of the revenue is retained at the local site where the
fees are collected. For USFS, BLM, and the Bureau of
Reclamation, FLREA authorizes three types of fees (collectively
referred to as recreation fees): standard amenity fees;
expanded amenity fees; and special recreation permit fees.
While the permitting and fee retention authority provided
by FLREA has been positive in many ways, in the intervening
years since its passage, a flood of complex rules, regulations,
and court decisions have gradually increased the cost of permit
administration. Both USFS and BLM have responded by writing a
``cost recovery'' regulation which requires businesses
operating on federal lands to pay for permit processing and
environmental analyses when the time required for completing
these processes exceed 50 hours. This cost recovery requirement
along with complex planning requirements has virtually shut
down public lands to new permitted uses which require extensive
analysis unless they are programmatic. Unfortunately, a full
Environmental Impact Statement or an Environmental Assessment
under the National Environmental Policy Act of 1969 can cost
tens of thousands of dollars, well beyond the affordability of
many small businesses. Even permit renewals are subject to cost
recovery and may total tens of thousands of dollars for a group
of permits.
Recognizing issues with the current permitting process,
USFS recently announced it would be working to modernize its
recreation permitting process. These changes include investing
in technology to improve business tools and data that support
recreation special uses, and creating an electronic permit
application process. While USFS should be commended for
identifying and acting to fix some of the problems associated
with the current permitting process, there are still other
issues that must be addressed.
H.R. 289, the Guides and Outfitters Act, is intended to
reduce the cost and complexity for those applying for and
renewing special recreation and special use permits. The bill
amends FLREA to reauthorize permitting authorities (which are
currently expiring annually), streamline the recreation
permitting process and allow for increased public access to
recreation opportunities on federal lands.
Committee Action
H.R. 289 was introduced on January 4, 2017, by Congressman
Doug LaMalfa (R-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. The bill was additionally referred to the
Committee on Agriculture. On June 22, 2017, the Natural
Resources Committee met to consider the bill. The Subcommittee
was discharged by unanimous consent. Congressman LaMalfa
offered an amendment designated #1; it was agreed to by voice
vote. No further amendments were offered, and the bill, as
amended, was ordered favorably reported to the House of
Representatives on June 27, 2017, by voice vote.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 18, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 289, the GO Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
H.R. 289--GO Act
H.R. 289 would change the way certain federal agencies
issue special recreation use permits and would change how the
affected agencies recover costs associated with the permitting
process. Based on information provided by the affected agencies
and assuming appropriation of the necessary amounts, CBO
estimates that implementing the bill would cost $5 million over
the 2018-2022 period.
CBO estimates that enacting the bill would affect the
amount of fees (which are treated as reductions in direct
spending) the affected agencies would collect; therefore, pay-
as-you-go procedures apply. However, because the affected
agencies have the authority to spend those fees, any change in
fee collections would be offset by a corresponding change in
the spending of those fees, so that the net effect on direct
spending in any year would be negligible. Enacting the bill
would not affect revenues.
CBO estimates that enacting the bill would not
significantly affect net direct spending or on-budget deficits
in any of the four consecutive 10-year periods beginning in
2028.
H.R. 289 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 289 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2017-
2017 2018 2019 2020 2021 2022 2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................ 0 1 1 1 1 1 5
Estimated Outlays............................................ 0 1 1 1 1 1 5
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the end of 2017 and that the
necessary amounts will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
similar activities.
In 2016, the affected agencies collected roughly $25
million in special recreation use fees and recovered an
estimated $4 million in charges for issuing those permits.
Agencies have the authority to spend all of those amounts under
current law.
The bill would authorize those agencies to issue permits
for certain new recreational activities without conducting
environmental reviews that would be required under current law.
The bill also would allow the Forest Service and the Bureau of
Land Management to issue joint permits for activities that
occur on lands administered by both agencies. Finally, the bill
would cap the fee that agencies could charge for a permit at
three percent of the annual gross revenue stemming from the
permitted activity. CBO lacks sufficient data to estimate the
net effect on fee collections that would result from the
changes required under the bill. However, because the affected
agencies would retain the authority to spend those collections,
any change in collections would be offset by an equal change in
spending. Thus, CBO estimates that enacting those changes would
have only a negligible effect on net direct spending.
H.R. 289 also would require the affected agencies to waive
the cost recovery charges for the first 50 hours of work
required to complete the process issuing permits for recreation
special use and would prevent agencies from recovering costs
for completing certain activities under the Endangered Species
Act. Based on information provided by the affected agencies,
CBO estimates that enacting the bill would reduce collections
and the associated direct spending by about $1 million a year
resulting in no net change in direct spending relative to
current law. However, because agencies would still be required
to perform the work necessary to issue permits, CBO estimates
that implementing the bill would cost $1 million a year over
the 2018-2022 period, assuming appropriation of the necessary
amounts, to carry out that work.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. H.R. 289 would affect offsetting receipts (from
permit and cost recovery fees) and associated direct spending;
therefore, pay-as-you-go procedures apply. However, CBO
estimates that any change in offsetting receipts would be
offset by a similar change in direct spending and that the net
effect would be negligible.
Increase in long term direct spending and deficits: CBO
estimates that enacting the bill would not significantly affect
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
Intergovernmental and private-sector impact: H.R. 289
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: H. Samuel; Papenfiiss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Secretary of the
Interior and the Secretary of Agriculture to issue permits for
recreation services on lands managed by Federal agencies.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. Section 9 of this bill requires the
Secretary of the Interior and the Secretary of Agriculture to
revise existing regulations to streamline the processes for the
issuance or renewal of outfitter and guide special use permits.
Section 10 of the bill directs the Secretary of the Interior
and the Secretary of Agriculture to revise existing regulations
to reduce costs and minimize the burden of cost recovery on
small businesses and cost recovery on jobs in the outfitting
and guiding industry and on rural economies. This would be a
total of four regulations that would be revised.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
FEDERAL LANDS RECREATION ENHANCEMENT ACT
* * * * * * *
DIVISION J--OTHER MATTERS
* * * * * * *
TITLE VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT
* * * * * * *
SEC. 803. RECREATION FEE AUTHORITY.
(a) Authority of Secretary.--Beginning in fiscal year 2005
and thereafter, the Secretary may establish, modify, charge,
and collect recreation fees at Federal recreational lands and
waters as provided for in this section.
(b) Basis for Recreation Fees.--Recreation fees shall be
established in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be
commensurate with the benefits and services provided to
the visitor.
(2) The Secretary shall consider the aggregate effect
of recreation fees on recreation users and recreation
service providers.
(3) The Secretary shall consider comparable fees
charged elsewhere and by other public agencies and by
nearby private sector operators.
(4) The Secretary shall consider the public policy or
management objectives served by the recreation fee.
(5) The Secretary shall obtain input from the
appropriate Recreation Resource Advisory Committee, as
provided in section 4(d).
(6) The Secretary shall consider such other factors
or criteria as determined appropriate by the Secretary.
(c) Special Considerations.--The Secretary shall establish
the minimum number of recreation fees and shall avoid the
collection of multiple or layered recreation fees for similar
uses, activities, or programs.
(d) Limitations on Recreation Fees.--
(1) Prohibition on fees for certain activities or
services.--The Secretary shall not charge any standard
amenity recreation fee or expanded amenity recreation
fee for Federal recreational lands and waters
administered by the Bureau of Land Management, the
Forest Service, or the Bureau of Reclamation under this
Act for any of the following:
(A) Solely for parking, undesignated parking,
or picnicking along roads or trailsides.
(B) For general access unless specifically
authorized under this section.
(C) For dispersed areas with low or no
investment unless specifically authorized under
this section.
(D) For persons who are driving through,
walking through, boating through, horseback
riding through, or hiking through Federal
recreational lands and waters without using the
facilities and services.
(E) For camping at undeveloped sites that do
not provide a minimum number of facilities and
services as described in subsection (g)(2)(A).
(F) For use of overlooks or scenic pullouts.
(G) For travel by private, noncommercial
vehicle over any national parkway or any road
or highway established as a part of the
Federal-aid System, as defined in section 101
of title 23, United States Code, which is
commonly used by the public as a means of
travel between two places either or both of
which are outside any unit or area at which
recreation fees are charged under this Act
(H) For travel by private, noncommercial
vehicle, boat, or aircraft over any road or
highway, waterway, or airway to any land in
which such person has any property right if
such land is within any unit or area at which
recreation fees are charged under this Act
(I) For any person who has a right of access
for hunting or fishing privileges under a
specific provision of law or treaty.
(J) For any person who is engaged in the
conduct of official Federal, State, Tribal, or
local government business.
(K) For special attention or extra services
necessary to meet the needs of the disabled.
(2) Relation to fees for use of highways or roads.--
An entity that pays a special recreation permit fee or
similar permit fee shall not be subject to a road cost-
sharing fee or a fee for the use of highways or roads
that are open to private, noncommercial use within the
boundaries of any Federal recreational lands or waters,
as authorized under section 6 of Public Law 88-657 (16
U.S.C. 537; commonly known as the Forest Roads and
Trails Act).
(3) Prohibition on fees for certain persons or
places.--The Secretary shall not charge an entrance fee
or standard amenity recreation fee for the following:
(A) Any person under 16 years of age.
(B) Outings conducted for noncommercial
educational purposes by schools or bona fide
academic institutions.
(C) The U.S.S. Arizona Memorial, Independence
National Historical Park, any unit of the
National Park System within the District of
Columbia, or Arlington House-Robert E. Lee
National Memorial.
(D) The Flight 93 National Memorial.
(E) Entrance on other routes into the Great
Smoky Mountains National Park or any part
thereof unless fees are charged for entrance
into that park on main highways and
thoroughfares.
(F) Entrance on units of the National Park
System containing deed restrictions on charging
fees.
(G) An area or unit covered under section 203
of the Alaska National Interest Lands
Conservation Act (Public Law 96-487; 16 U.S.C.
410hh-2), with the exception of Denali National
Park and Preserve.
(H) A unit of the National Wildlife Refuge
System created, expanded, or modified by the
Alaska National Interest Lands Conservation Act
(Public Law 96-487).
(I) Any person who visits a unit or area
under the jurisdiction of the United States
Fish and Wildlife Service and who has been
issued a valid migratory bird hunting and
conservation stamp issued under section 2 of
the Act of March 16, 1934 (16 U.S.C. 718b;
commonly known as the Duck Stamp Act).
(J) Any person engaged in a nonrecreational
activity authorized under a valid permit issued
under any other Act, including a valid grazing
permit.
(4) No restriction on recreation opportunities.--
Nothing in this Act shall limit the use of recreation
opportunities only to areas designated for collection
of recreation fees.
(e) Entrance Fee.--
(1) Authorized sites for entrance fees.--The
Secretary of the Interior may charge an entrance fee
for a unit of the National Park System, including a
national monument administered by the National Park
Service, or for a unit of the National Wildlife Refuge
System.
(2) Prohibited sites.--The Secretary shall not charge
an entrance fee for Federal recreational lands and
waters managed by the Bureau of Land Management, the
Bureau of Reclamation, or the Forest Service.
(f) Standard Amenity Recreation Fee.--Except as limited by
subsection (d), the Secretary may charge a standard amenity
recreation fee for Federal recreational lands and waters under
the jurisdiction of the Bureau of Land Management, the Bureau
of Reclamation, or the Forest Service, but only at the
following:
(1) A National Conservation Area.
(2) A National Volcanic Monument.
(3) A destination visitor or interpretive center that
provides a broad range of interpretive services,
programs, and media.
(4) An area--
(A) that provides significant opportunities
for outdoor recreation;
(B) that has substantial Federal investments;
(C) where fees can be efficiently collected;
and
(D) that contains all of the following
amenities:
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or
kiosk.
(v) Picnic tables.
(vi) Security services.
(g) Expanded Amenity Recreation Fee.--
(1) NPS and usfws authority.--Except as limited by
subsection (d), the Secretary of the Interior may
charge an expanded amenity recreation fee, either in
addition to an entrance fee or by itself, at Federal
recreational lands and waters under the jurisdiction of
the National Park Service or the United States Fish and
Wildlife Service when the Secretary of the Interior
determines that the visitor uses a specific or
specialized facility, equipment, or service.
(2) Other federal land management agencies.--Except
as limited by subsection (d), the Secretary may charge
an expanded amenity recreation fee, either in addition
to a standard amenity fee or by itself, at Federal
recreational lands and waters under the jurisdiction of
the Forest Service, the Bureau of Land Management, or
the Bureau of Reclamation, but only for the following
facilities or services:
(A) Use of developed campgrounds that provide
at least a majority of the following:
(i) Tent or trailer spaces.
(ii) Picnic tables.
(iii) Drinking water.
(iv) Access roads.
(v) The collection of the fee by an
employee or agent of the Federal land
management agency.
(vi) Reasonable visitor protection.
(vii) Refuse containers.
(viii) Toilet facilities.
(ix) Simple devices for containing a
campfire.
(B) Use of highly developed boat launches
with specialized facilities or services such as
mechanical or hydraulic boat lifts or
facilities, multi-lane paved ramps, paved
parking, restrooms and other improvements such
as boarding floats, loading ramps, or fish
cleaning stations.
(C) Rental of cabins, boats, stock animals,
lookouts, historic structures, group day-use or
overnight sites, audio tour devices, portable
sanitation devices, binoculars or other
equipment.
(D) Use of hookups for electricity, cable, or
sewer.
(E) Use of sanitary dump stations.
(F) Participation in an enhanced interpretive
program or special tour.
(G) Use of reservation services.
(H) Use of transportation services.
(I) Use of areas where emergency medical or
first-aid services are administered from
facilities staffed by public employees or
employees under a contract or reciprocal
agreement with the Federal Government.
(J) Use of developed swimming sites that
provide at least a majority of the following:
(i) Bathhouse with showers and flush
toilets.
(ii) Refuse containers.
(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including lifeguards.
(vi) Floats encompassing the swimming
area.
(vii) Swimming deck.
[(h) Special Recreation Permit Fee.--The Secretary may issue
a special recreation permit, and charge a special recreation
permit fee in connection with the issuance of the permit, for
specialized recreation uses of Federal recreational lands and
waters, such as group activities, recreation events, motorized
recreational vehicle use.]
(h) Special Recreation Permit and Fee.--
(1) In general.--The Secretary may--
(A) issue a special recreation permit for
Federal recreational lands and waters; and
(B) charge a special recreation permit fee in
connection with the issuance of the permit.
(2) Special recreation permits.--The Secretary may
issue special recreation permits in the following
circumstances:
(A) For specialized individual and group use
of Federal facilities and Federal recreational
lands and waters, such as, but not limited to,
use of special areas or areas where use is
allocated, motorized recreational vehicle use,
and group activities or events.
(B) To recreation service providers who
conduct outfitting, guiding, and other
recreation services on Federal recreational
lands and waters managed by the Forest Service,
Bureau of Land Management, Bureau of
Reclamation, or the United States Fish and
Wildlife Service.
(C) To recreation service providers who
conduct recreation or competitive events, which
may involve incidental sales on Federal
recreational lands and waters managed by the
Forest Service, Bureau of Land Management,
Bureau of Reclamation, or the United States
Fish and Wildlife Service.
(3) Reduction in federal costs and duplication of
analysis.--
(A) In general.--The issuance of a new
special recreation permit for activities under
paragraph (2) shall be categorically excluded
from further analysis and documentation under
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), if the proposed use
is the same as or similar to a previously
authorized use and the Secretary determines
that such issuance does not have significant
environmental effects based upon application of
the extraordinary circumstances procedures
established by the Secretary under the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(B) Definition.--For the purposes of this
paragraph, the term ``similar'' means--
(i) substantially similar in type,
nature, and scope; and
(ii) will not result in significant
new impacts.
(4) Relation to fees for use of highways or roads.--
An entity that pays a special recreation permit fee
shall not be subject to a road cost-sharing fee or a
fee for the use of highways or roads that are open to
private, noncommercial use within the boundaries of any
Federal recreational lands or waters, as authorized
under section 6 of Public Law 88-657 (16 U.S.C. 537).
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ADDITIONAL VIEWS
H.R. 289 amends the Federal Lands Recreation Enhancement
Act (FLREA)\1\ to adjust recreation-related permitting and fee
authority at the Department of Interior and Department of
Agriculture. The stated purpose of the bill is to reduce
permitting time and administrative hurdles faced by permit
applications. We are open to the idea of improving the permit
process to ensure timely and transparent access to public lands
for recreation activities and other special events; however, we
are concerned that some of the methods used by the bill could
lead to more problems than they solve.
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\1\16 U.S.C. 6802.
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For example, Section 2 creates a categorical exclusion for
permits related to activities that have been previously
considered through the National Environmental Policy Act (NEPA)
process. Categorical exclusions are reserved for types of
activities that are determined to have limited environmental
impacts. They are most commonly developed through a rulemaking
process, which allows for public comment and provides the
agency with the flexibility to determine when they are
appropriate. The Forest Service already stresses the use of
existing categorical exclusions for special recreation permits
and does what it can with available resources to speed up
permit processing time. It is unclear why this section is
necessary or appropriate. If current categorical exclusions are
insufficient, Congress should encourage a rulemaking process to
address the inadequacies.
At markup, the committee adopted an amendment by
Representative LaMalfa. The amendment adds a reference to the
`extraordinary circumstances' regulations used by agencies to
evaluate the use of categorical exclusions. While we appreciate
the effort to address some of our concerns, we still believe
that Congress is not the appropriate venue for establishing
categorical exclusions. Moreover, there is some question as to
whether this provision will do anything to provide more permits
or speed up processing times. Decisions about permits on public
lands, in addition to the requirements of NEPA, include
carrying capacity determinations and wilderness compatibility
assessments, among other considerations. Under-staffing and
shrinking appropriations add to the challenge of completing all
of these necessary requirements. Funding adequate staff levels,
not limiting public review, is the best way to improve permit
processing times.
We are also concerned with Sec. 6, which addresses the
Forest Service's permit review process. One major concern is
that the bill allows for existing permit holders to receive
additional capacity above the caps put in place by the original
permit. Automatic allocation of additional capacity to existing
permits holders could inadvertently lead to increased
utilization for permit holders that are not meeting their
evaluation standards. At a minimum, increased capacity should
only be available to individuals and organizations with a solid
record of performance. For example, a guide that provides
services on horseback should not be allowed to add more horses
to the operation unless they are meeting agency standards.
Section 6 could also decrease availability for new permit
applications. The cap adjustments should only be available when
there is no demand for the additional capacity. We should be
encouraging more groups and organizations to engage in
activities on our public lands, not simply incentivizing
existing users.
We share the goal of increasing the availability of special
recreation permits on public lands and hope that we can address
these concerns if this bill moves forward.
Raul M. Grijalva,
Ranking Member, House
Natural Resources
Committee.
Colleen Hanabusa,
Ranking Member, Subcommittee
on Federal Lands.
Jared Huffman,
Ranking Member, Subcommittee
on Water, Power and
Oceans.
Nanette Diaz Barragan,
Member of Congress.
Darren Soto,
Member of Congress.
A. Donald McEachin,
Ranking Member, Subcommittee
on Oversight and
Investigations.
[all]