GO Act

I 116TH CONGRESS 1ST SESSION H. R. 316 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. IN THE HOUSE OF REPRESENTATIVES JANUARY 8, 2019 Mr. LAMALFA (for himself, Mr. O’HALLERAN, and Mr. SIMPSON) introduced the following bill; which was referred to the Committee on Natural Re- sources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINI- 3 TIONS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Guides and Outfitters Act’’ or the ‘‘GO Act’’. 6 VerDate Sep 11 2014 23:11 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H316.IH H316 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 316 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 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: 3 (1) SECRETARY.—The term ‘‘Secretary’’ 4 means— 5 (A) the Secretary of the Interior, with re- 6 spect to a Federal land management agency 7 (other than the Forest Service); and 8 (B) the Secretary of Agriculture, with re- 9 spect to the Forest Service. 10 (2) SECRETARIES.—The term ‘‘Secretaries’’ 11 means the Secretary of the Interior and the Sec- 12 retary of Agriculture acting jointly. 13 SEC. 2. SPECIAL RECREATION PERMIT AND FEE. 14 Subsection (h) of section 803 of the Federal Lands 15 Recreation Enhancement Act (16 U.S.C. 6802) is amend- 16 ed to read as follows: 17 ‘‘(h) SPECIAL RECREATION PERMIT AND FEE.— 18 ‘‘(1) IN GENERAL.—The Secretary may— 19 VerDate Sep 11 2014 23:11 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H316.IH H316 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 316 IH ‘‘(A) issue a special recreation permit for 1 Federal recreational lands and waters; and 2 ‘‘(B) charge a special recreation permit fee 3 in connection with the issuance of the permit. 4 ‘‘(2) SPECIAL RECREATION PERMITS.—The 5 Secretary may issue special recreation permits in the 6 following circumstances: 7 ‘‘(A) For specialized individual and group 8 use of Federal facilities and Federal rec- 9 reational lands and waters, such as, but not 10 limited to, use of special areas or areas where 11 use is allocated, motorized recreational vehicle 12 use, and group activities or events. 13 ‘‘(B) To recreation service providers who 14 conduct outfitting, guiding, and other recre- 15 ation services on Federal recreational lands and 16 waters managed by the Forest Service, Bureau 17 of Land Management, Bureau of Reclamation, 18 or the United States Fish and Wildlife Service. 19 ‘‘(C) To recreation service providers who 20 conduct recreation or competitive events, which 21 may involve incidental sales on Federal rec- 22 reational lands and waters managed by the For- 23 est Service, Bureau of Land Management, Bu- 24 VerDate Sep 11 2014 23:11 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H316.IH H316 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 316 IH reau of Reclamation, or the United States Fish 1 and Wildlife Service. 2 ‘‘(3) REDUCTION IN FEDERAL COSTS AND DU- 3 PLICATION OF ANALYSIS.— 4 ‘‘(A) IN GENERAL.—The issuance of a new 5 special recreation permit for activities under 6 paragraph (2) shall be categorically excluded 7 from further analysis and documentation under 8 the National Environmental Policy Act of 1969 9 (42 U.S.C. 4321 et seq.), if the proposed use is 10 the same as or similar to a previously author- 11 ized use and the Secretary determines that such 12 issuance does not have significant environ- 13 mental effects based upon application of the ex- 14 traordinary circumstances procedures estab- 15 lished by the Secretary under the National En- 16 vironmental Policy Act of 1969 (42 U.S.C. 17 4321 et seq.). 18 ‘‘(B) DEFINITION.—For the purposes of 19 this paragraph, the term ‘similar’ means— 20 ‘‘(i) substantially similar in type, na- 21 ture, and scope; and 22 ‘‘(ii) will not result in significant new 23 impacts. 24 VerDate Sep 11 2014 23:11 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H316.IH H316 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 316 IH ‘‘(4) RELATION TO FEES FOR USE OF HIGH- 1 WAYS OR ROADS.—An entity that pays a special 2 recreation permit fee shall not be subject to a road 3 cost-sharing fee or a fee for the use of highways or 4 roads that are open to private, noncommercial use 5 within the boundaries of any Federal recreational 6 lands or waters, as authorized under section 6 of 7 Public Law 88–657 (16 U.S.C. 537).’’. 8 SEC. 3. PERMIT ACROSS MULTIPLE JURISDICTIONS. 9 (a) IN GENERAL.—In the case of an activity requir- 10 ing permits pursuant to subsection (h) of section 803 of 11 the Federal Lands Recreation Enhancement Act (16 12 U.S.C. 6802) for use of lands managed by both the Forest 13 Service and the Bureau of Land Management— 14 (1) the Secretaries may issue a joint permit 15 based upon a single application to both agencies 16 when issuance of a joint permit based upon a single 17 application will lower processing and other adminis- 18 tration costs for the permittee, provided that the 19 permit applicant shall have the option to apply for 20 separate permits rather than a joint permit; and 21 (2) the permit application required under para- 22 graph (1) shall be— 23 (A) the application required by the lead 24 agency; and 25 VerDate Sep 11 2014 23:11 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H316.IH H316 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 316 IH (B) submitted to the lead agency. 1 (b) REQUIREMENTS OF THE LEAD AGENCY.—The 2 lead agency for a permit under subsection (a) shall— 3 (1) coordinate with the associated agencies, 4 consistent with the authority of the Secretaries 5 under section 330 of the Department of the Interior 6 and Related Agencies Appropriations Act, 2001 (43 7 U.S.C. 1703), to develop and issue the single, joint 8 permit that covers the entirety of the trip; 9 (2) in processing the joint permit application, 10 incorporate the findings, interests, and needs of the 11 associated agencies, provided that such coordination 12 shall not be subject to cost recovery; and 13 (3) complete the permitting process within a 14 reasonable time after receiving the permit applica- 15 tion. 16 (c) EFFECT ON REGULATIONS.—Nothing in this sec- 17 tion shall alter, expand, or limit the applicability of any 18 Federal law (including regulations) to lands administered 19 by the relevant Federal agencies. 20 (d) DEFINITIONS.—In this section: 21 (1) ASSOCIATED AGENCY.—The term ‘‘associ- 22 ated agency’’ means an agency that manages the 23 land on which the trip of the special recreation per- 24 VerDate Sep 11 2014 23:11 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H316.IH H316 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 316 IH mit applicant will enter after leaving the land man- 1 aged by the lead agency. 2 (2) LEAD AGENCY.—The term ‘‘lead agency’’ 3 means the agency that manages the land on which 4 the trip of the special recreation permit applicant 5 will begin. 6 SEC. 4. GUIDELINES AND PERMIT FEE CALCULATION. 7 (a) GUIDELINES AND EXCLUSION OF CERTAIN REV- 8 ENUES.—The Secretary shall— 9 (1) publish guidelines in the Federal Register 10 for establishing recreation permit fees; and 11 (2) provide appropriate deductions from gross 12 revenues used as the basis for the fees established 13 under paragraph (1) for— 14 (A) revenue from goods, services, and ac- 15 tivities provided by a recreation service provider 16 outside Federal recreational lands and waters, 17 such as costs for transportation, lodging, and 18 other services before or after a trip; and 19 (B) fees to be paid by permit holder under 20 applicable law to provide services on other Fed- 21 eral lands, if separate permits are issued to 22 that permit holder for a single event or trip. 23 (b) FEE CONDITIONS.—The fee charged by the Sec- 24 retary for a permit issued under section 803(h) of the 25 VerDate Sep 11 2014 23:11 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H316.IH H316 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 316 IH Federal Lands Recreation Enhancement Act (16 U.S.C. 1 6802(h)) shall not exceed 3 percent of the recreational 2 service provider’s annual gross revenue for activities au- 3 thorized by the permit on Federal lands, plus applicable 4 revenue additions, minus applicable revenue exclusions or 5 a similar flat per person fee. 6 (c) DISCLOSURE OF FEES.—A holder of a special 7 recreation permit may inform its customers of the various 8 fees charged by the Secretary under section 803(h) of the 9 Federal Lands Recreation Enhancement Act (16 U.S.C. 10 6802(h)). 11 SEC. 5. USE OF PERMIT FEES FOR PERMIT ADMINISTRA- 12 TION. 13 (a) DEPOSITS.—Subject to subsection (b), revenues 14 from special recreation permits issued to recreation service 15 providers under subparagraphs (B) and (C) of section 16 803(h)(2) of the Federal Lands Recreation Enhancement 17 Act (16 U.S.C. 6802(h)(2)) shall be held in special ac- 18 counts established for each specific unit or area for which 19 such revenues are collected, and shall remain available for 20 expenditure, without further appropriation, until ex- 21 pended. 22 (b) USE OF PERMIT FEES.—Revenues from special 23 recreation permits issued to recreation service providers 24 under subparagraphs (B) and (C) of section 803(h)(2) of 25 VerDate Sep 11 2014 23:11 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H316.IH H316 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 316 IH the Federal Lands Recreation Enhancement Act (16 1 U.S.C. 6802(h)(2)) shall be used only— 2 (1) to partially offset the Secretary’s direct cost 3 of administering the permits; 4 (2) to improve and streamline the permitting 5 process; and 6 (3) for related recreation infrastructure and 7 other purposes specifically to support recreation ac- 8 tivities at the specific site for which use is author- 9 ized under the permit, after obtaining input from 10 any related permittees; provided, however, that the 11 Federal Advisory Committee Act (5 U.S.C. App. 1 12 et seq.) shall not apply to any advisory committee or 13 other group established to carry out this paragraph. 14 (c) LIMITATION ON USE OF FEES.—The Secretary 15 may not use any permit fees for biological monitoring on 16 Federal recreational lands and waters under the Endan- 17 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) for 18 listed or candidate species. 19 SEC. 6. ADJUSTMENT TO PERMIT USE REVIEWS. 20 (a) IN GENERAL.—To the extent that the Secretary 21 utilizes permit use reviews, in reviewing and adjusting al- 22 locations of use for permits for special uses of Federal rec- 23 reational lands and waters managed by the Forest Service, 24 and in renewing such permits, the Secretary of Agriculture 25 VerDate Sep 11 2014 23:11 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H316.IH H316 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 316 IH shall allocate to a permit holder a level of use that is no 1 less than the highest amount of actual annual use over 2 the reviewed period plus 25 percent, capped at the amount 3 of use allocated when the permit was issued unless addi- 4 tional capacity is available. The Secretary may assign any 5 use remaining after adjusting allocations on a temporary 6 basis to qualified permit holders. 7 (b) WAIVER.—Use reviews under subsection (a) may 8 be waived for periods in which circumstances that pre- 9 vented use of assigned capacity, such as weather, fire, nat- 10 ural disasters, wildlife displacement, business interrup- 11 tions, insufficient availability of hunting and fishing li- 12 censes, or when allocations on permits include significant 13 shoulder seasons. The authorizing office may approve non- 14 use without reducing the number of service days assigned 15 to the permit in such circumstances at the request of the 16 permit holder. Approved non-use may be temporarily as- 17 signed to other qualified permit holders when conditions 18 warrant. 19 SEC. 7. AUTHORIZATION OF TEMPORARY PERMITS FOR 20 NEW USES FOR THE FOREST SERVICE AND 21 BLM. 22 Not later than 180 days after the date of the enact- 23 ment of this Act, the Secretary of Agriculture and the Sec- 24 retary of the Interior shall establish and implement a pro- 25 VerDate Sep 11 2014 23:11 Jan 18, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H316.IH H316 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 316 IH gram to authorize temporary permits for new recreational 1 uses of Federal recreational lands and waters managed by 2 the Forest Service or the Bureau of Land Management, 3 respectively, and to provide for the conversions of such 4 temporary permits to long-term permits after 2 years of 5 satisfactory operation. The issuance and conversion of 6 such permits shall be subject to subsection (h)(3) of sec- 7 tion 803 of the Federal Lands Recreation Enhancement 8 Act (16 U.S.C. 6802). 9 SEC. 8. INDEMNIFICATION REQUIREMENTS. 10 (a) INDEMNIFICATION.—A permit holder that is pro- 11 hibited by the State from providing indemnification to the 12 Federal Government shall be considered to be in compli- 13 ance with indemnification requirements of the Department 14 of the Interior and the Department of Agriculture if the 15 permit holder carries the required minimum amount of li- 16 ability insurance coverage or is self-insured for the same 17 minimum amount. 18 (b) EXCULPATORY AGREEMENTS.—The Secretary 19 shall not implement, administer or enforce any regulation 20 or policy prohibiting the use of exculpatory agreements be- 21 tween recreation service providers [Text truncated for display. Full text available on Congress.gov.]