Federal

SOAR Act

Source: Congress.gov · 8,938 words in original text

What This Bill Does

This bill makes it easier for people and businesses to get permits to use federal outdoor recreation areas like national forests and public lands. It also sets up rules for charging fees to recreation service providers (like hiking guide companies) and tries to improve how the government handles these permits. ##

Who It Affects

- Recreation service providers (outfitters, guides, and event organizers) - People who want to use federal recreational lands and waters - Federal land management agencies (Forest Service, Bureau of Land Management, National Park Service, Fish and Wildlife Service, Bureau of Reclamation) - States that have their own recreation passes - Private volunteers and conservation organizations ##

Key Provisions

- The government can charge special recreation permit fees based on 3 percent of a recreation service provider's annual gross revenue from activities allowed by the permit, minus certain excluded revenues like transportation and lodging (Sec. 102) - The government must evaluate its permit process within 180 days and make improvements to reduce costs and processing times within one year (Sec. 103) - Recreation service providers can engage in activities similar to what their permit allows, as long as those activities don't cause greater damage to the land or harm other permit holders (Sec. 104) - For trips that cross multiple federal land areas managed by different agencies, one lead agency can issue a single joint permit covering the entire trip (Sec. 106) - The government must let people apply for permits online unless doing so would not improve efficiency (Sec. 103) - Federal land managers will be evaluated partly on how well they support recreation and tourism in their areas (Sec. 202) ##

What Changes

If this becomes law, getting special recreation permits will take less time and cost less money to process. Recreation service providers will be able to do similar activities without needing a new permit. People taking trips across multiple federal lands will only need one permit instead of several. The government will publish information about when new permits become available. Fees charged to recreation businesses will be based on their actual revenue. Federal land managers will have to report publicly how they use the money collected from permit fees and will be evaluated on how well they support outdoor recreation. ##

Important Definitions

- **Special recreation permit**: A permit issued by a federal land management agency for specialized individual or group uses of federal recreational lands and waters, including outfitting, guiding, recreation services, competitive events, motorized recreational vehicle use, and group activities (Sec. 102) - **Recreation service provider**: An individual or entity that provides outfitting, guiding, other recreation services, or conducts recreational or competitive events, including incidental sales (Sec. 102) - **Federal land unit**: A unit of the National Forest System, National Park System, National Wildlife Refuge System, a Bureau of Land Management district, or a Bureau of Reclamation project (Sec. 101) - **Multijurisdictional trip**: A trip that uses 2 or more federal land units managed by 2 or more federal land management agencies (Sec. 101) - **Long-term special recreation permit**: For Forest Service lands, a priority use permit; for Bureau of Land Management lands, a multiyear special recreation permit (Sec. 101) ##

Effective Date

Not specified in bill text

I 118TH CONGRESS 1ST SESSION H. R. 1527 To improve access for outdoor recreation through the use of special recreation permits on Federal recreational lands and waters, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 10, 2023 Mr. CURTIS (for himself and Mr. NEGUSE) 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 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. 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. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Simplifying Outdoor Access for Recreation Act’’ or the 5 ‘‘SOAR Act’’. 6 (b) TABLE OF CONTENTS.—The table of contents of 7 this Act is as follows: 8 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1527 IH Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—MODERNIZING RECREATION PERMITTING 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. TITLE II—MAKING RECREATION A PRIORITY Sec. 201. Extension of seasonal recreation opportunities. Sec. 202. Recreation performance metrics. TITLE III—MAINTENANCE OF PUBLIC LAND Sec. 301. Private-sector volunteer enhancement program. Sec. 302. Enhancing outdoor recreation through public lands service organiza- tions. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) FEDERAL LAND MANAGEMENT AGENCY.— 3 The term ‘‘Federal land management agency’’ has 4 the meaning given the term in section 802 of the 5 Federal Lands Recreation Enhancement Act (16 6 U.S.C. 6801). 7 (2) FEDERAL RECREATIONAL LANDS AND 8 WATERS.—The term ‘‘Federal recreational lands and 9 waters’’ has the meaning given the term in section 10 802 of the Federal Lands Recreation Enhancement 11 Act (16 U.S.C. 6801). 12 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1527 IH (3) SECRETARIES.—Except as otherwise pro- 1 vided in this Act, the term ‘‘Secretaries’’ means— 2 (A) the Secretary of the Interior; and 3 (B) the Secretary of Agriculture. 4 TITLE I—MODERNIZING 5 RECREATION PERMITTING 6 SEC. 101. DEFINITIONS. 7 In this title: 8 (1) ASSOCIATED AGENCY.—The term ‘‘associ- 9 ated agency’’ means the Federal land management 10 agency, other than the lead agency, that manages a 11 Federal land unit that is the subject of a single joint 12 special recreation permit under section 106. 13 (2) LEAD AGENCY.—With respect to a single 14 joint special recreation permit application submitted 15 under section 106(a), the term ‘‘lead agency’’ means 16 the Federal land management agency designated to 17 administer the single joint special recreation permit 18 under section 106(a)(2). 19 (3) LONG-TERM SPECIAL RECREATION PER- 20 MIT.—The term ‘‘long-term special recreation per- 21 mit’’ means— 22 (A) for a Federal land unit managed by 23 the Forest Service, a priority use permit; and 24 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1527 IH (B) for a Federal land unit managed by 1 the Bureau of Land Management, a multiyear 2 special recreation permit. 3 (4) MULTIJURISDICTIONAL TRIP.—The term 4 ‘‘multijurisdictional trip’’ means a trip that— 5 (A) uses 2 or more Federal land units; and 6 (B) is under the jurisdiction of 2 or more 7 Federal land management agencies. 8 (5) FEDERAL LAND UNIT.—The term ‘‘Federal 9 land unit’’ means— 10 (A) a unit of the National Forest System; 11 (B) a unit of the National Park System; 12 (C) a unit of the National Wildlife Refuge 13 System; 14 (D) a district of the Bureau of Land Man- 15 agement; and 16 (E) a project of the Bureau of Reclama- 17 tion. 18 (6) SECRETARY CONCERNED.—The term ‘‘Sec- 19 retary concerned’’ means— 20 (A) the Secretary of Agriculture, with re- 21 spect to a Federal land unit described in para- 22 graph (5)(A); and 23 (B) the Secretary of the Interior, with re- 24 spect to a Federal land unit described in sub- 25 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1527 IH paragraph (B), (C), (D), or (E) of paragraph 1 (5). 2 (7) SPECIAL RECREATION PERMIT.—The term 3 ‘‘special recreation permit’’ has the meaning given 4 the term in section 802 of the Federal Lands Recre- 5 ation Enhancement Act (16 U.S.C. 6801). 6 SEC. 102. SPECIAL RECREATION PERMIT AND FEE. 7 (a) DEFINITIONS.—Section 802 of the Federal Lands 8 Recreation Enhancement Act (16 U.S.C. 6801) is amend- 9 ed— 10 (1) in paragraph (1), by striking ‘‘section 3(f)’’ 11 and inserting ‘‘ section 803(f)’’; 12 (2) in paragraph (2), by striking ‘‘section 3(g)’’ 13 and inserting ‘‘section 803(g)’’; 14 (3) in paragraph (6), by striking ‘‘section 5’’ 15 and inserting ‘‘section 805’’; 16 (4) in paragraph (9), by striking ‘‘section 5’’ 17 and inserting ‘‘section 805’’; 18 (5) in paragraph (12), by striking ‘‘section 7’’ 19 and inserting ‘‘section 807’’; 20 (6) in paragraph (13), by striking ‘‘section 21 3(h)’’ and inserting ‘‘section 803(h)’’; 22 (7) by redesignating paragraphs (1), (3), (4), 23 (5), (6), (7), (8), (9), (10), (11), and (13) as para- 24 graphs (15), (1), (3), (4), (5), (6), (7), (8), (11), 25 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1527 IH (10), and (14), respectively, and moving the para- 1 graphs so as to appear in numerical order; 2 (8) by inserting after paragraph (8) (as so re- 3 designated) the following: 4 ‘‘(9) RECREATION SERVICE PROVIDER.—The 5 term ‘recreation service provider’ means an indi- 6 vidual or entity that— 7 ‘‘(A) provides outfitting, guiding, or other 8 recreation services; or 9 ‘‘(B) conducts recreational or competitive 10 events, including incidental sales.’’; and 11 (9) by inserting after paragraph (12) the fol- 12 lowing: 13 ‘‘(13) SPECIAL RECREATION PERMIT.—The 14 term ‘special recreation permit’ means a permit 15 issued by a Federal Land Management Agency for 16 specialized individual or group uses of Federal rec- 17 reational lands and waters, including— 18 ‘‘(A) for outfitting, guiding, or other recre- 19 ation services; 20 ‘‘(B) for recreation or competitive events, 21 which may include incidental sales; 22 ‘‘(C) for the use of— 23 ‘‘(i) a special area; or 24 ‘‘(ii) an area in which use is allocated; 25 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1527 IH ‘‘(D) for motorized recreational vehicle use 1 in compliance with an applicable travel manage- 2 ment plan or other regulation; and 3 ‘‘(E) for a group activity or event.’’. 4 (b) SPECIAL RECREATION PERMIT AND FEE.—Sec- 5 tion 803 of the Federal Lands Recreation Enhancement 6 Act (16 U.S.C. 6802) is amended— 7 (1) in subsection (b)(5), by striking ‘‘section 8 4(d)’’ and inserting ‘‘section 804(d)’’; and 9 (2) by striking subsection (h) and inserting the 10 following: 11 ‘‘(h) SPECIAL RECREATION PERMIT AND FEE.— 12 ‘‘(1) SPECIAL RECREATION PERMIT.—The Sec- 13 retary may issue a special recreation permit for spe- 14 cialized individual or group uses of Federal rec- 15 reational lands and waters as defined in section 16 802(13) of this Act (16 U.S.C. 6801). 17 ‘‘(2) SPECIAL RECREATION PERMIT FEE.— 18 ‘‘(A) IN GENERAL.—The Secretary may 19 charge a special recreation permit fee in con- 20 nection with the issuance of a special recreation 21 permit under paragraph (1). 22 ‘‘(B) FEES FOR CERTAIN LANDS.— 23 ‘‘(i) IN GENERAL.—Subject to clauses 24 (ii) and (iii), a special recreation permit fee 25 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1527 IH under subparagraph (A) for use of Federal 1 recreational lands and waters managed by 2 the Forest Service, the Bureau of Land 3 Management, the Bureau of Reclamation, 4 or the United States Fish and Wildlife 5 Service shall not exceed the difference be- 6 tween— 7 ‘‘(I) the sum of— 8 ‘‘(aa) 3 percent of the an- 9 nual gross revenue of the recre- 10 ation service provider for all ac- 11 tivities authorized by the special 12 recreation permit; and 13 ‘‘(bb) any applicable revenue 14 addition; and 15 ‘‘(II) any applicable revenue ex- 16 clusion. 17 ‘‘(ii) EXCLUSION OF CERTAIN REVE- 18 NUES AND PAYMENTS.—In calculating the 19 amount of a fee for a special recreation 20 permit under clause (i), the Secretary con- 21 cerned shall exclude— 22 ‘‘(I) revenue from goods, services, 23 souvenirs, merchandise, gear, food, 24 and activities provided or sold by a 25 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 1527 IH special recreation permit holder in a 1 location other than the Federal rec- 2 reational lands and waters covered by 3 the permit, including transportation 4 costs, lodging, and any other service 5 before or after a trip; and 6 ‘‘(II) revenue from any rec- 7 reational services provided by a spe- 8 cial recreation permit holder for ac- 9 tivities on Federal recreational lands 10 and waters for which a separate per- 11 mit is issued. 12 ‘‘(iii) ALTERNATIVE PER-PERSON 13 FEE.— 14 ‘‘(I) IN GENERAL.—For Federal 15 recreational lands and waters man- 16 aged by the Forest Service, the Bu- 17 reau of Land Management, the Bu- 18 reau of Reclamation, or the United 19 States Fish and Wildlife Service, the 20 Secretary may charge a per-person fee 21 in connection with the issuance of a 22 special recreation permit under para- 23 graph (1). 24 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 1527 IH ‘‘(II) AMOUNT OF FEE.—The 1 total amount charged by the Secretary 2 in connection with the issuance of a 3 special recreation permit under para- 4 graph (1) using a per-person fee 5 under subclause (I) shall not exceed 6 the amount the Secretary may charge 7 for a special recreation permit fee 8 under subparagraph (A) and clauses 9 (i) and (ii). 10 ‘‘(iv) EFFECT.—Nothing in this sub- 11 paragraph affects any fee for a commercial 12 use authorization for use of Federal rec- 13 reational lands and waters managed by the 14 National Park Service. 15 ‘‘(C) DISCLOSURE OF FEES.—A special 16 recreation permit holder may inform customers 17 of any fee charged by the Secretary under this 18 section. 19 ‘‘(3) REPORTS.— 20 ‘‘(A) IN GENERAL.—The Secretary shall 21 make available to holders of special recreation 22 permits under paragraph (1) and the public an 23 annual report describing the use of fees col- 24 lected by the Secretary under paragraph (2). 25 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 1527 IH ‘‘(B) REQUIREMENTS.—The report under 1 subparagraph (A) shall include a description of 2 how the fees are used in each Federal land unit 3 (as defined in section 2 of the SOAR Act) ad- 4 ministered by the Secretary, including an iden- 5 tification of the amounts used for specific ac- 6 tivities within the Federal land unit.’’. 7 (c) USE OF SPECIAL RECREATION PERMIT REV- 8 ENUE.—Section 808 of the Federal Lands Recreation En- 9 hancement Act (16 U.S.C. 6807) is amended— 10 (1) in subsection (a)(3)(F), by striking ‘‘section 11 6(a)’’ and inserting ‘‘section 806(a)’’; 12 (2) in subsection (d), by striking ‘‘section 5’’ 13 each place it appears and inserting ‘‘section 805’’; 14 (3) by redesignating subsections (b) through (d) 15 as subsections (c) through (e), respectively; and 16 (4) by inserting after subsection (a) the fol- 17 lowing: 18 ‘‘(b) USE OF SPECIAL RECREATION PERMIT FEE 19 REVENUE.—Revenue from a special recreation permit fee 20 may be used for— 21 ‘‘(1) the purposes described in subsection (a); 22 and 23 ‘‘(2) expenses— 24 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 1527 IH ‘‘(A) associated with issuing and admin- 1 istering special recreation permits; and 2 ‘‘(B) incurred in the improvement of the 3 operation of the special recreation permit sys- 4 tem.’’. 5 (d) PERMANENT AUTHORIZATION.—Section 810 of 6 the Federal Lands Recreation Enhancement Act (16 7 U.S.C. 6809) is amended— 8 (1) by striking ‘‘The authority’’ and inserting 9 the following: 10 ‘‘(a) IN GENERAL.—Except as provided in subsection 11 (b), the authority’’; and 12 (2) by adding at the end the following: 13 ‘‘(b) APPLICABILITY.—Subsection (a) shall not apply 14 to— 15 ‘‘(1) section 802; 16 ‘‘(2) subsection (d)(2) or (h) of section 803; or 17 ‘‘(3) subsection (a), (b) or (c) of section 808.’’. 18 SEC. 103. PERMITTING PROCESS IMPROVEMENTS. 19 (a) IN GENERAL.—To simplify the process of the 20 issuance and renewal of special recreation permits and re- 21 duce the cost of administering special recreation permits, 22 the Secretary concerned shall— 23 (1) not later than 180 days after the date of 24 the enactment of this Act— 25 VerDate Sep 11 2014 23:53 Mar 23, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1527.IH H1527 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 1527 IH (A) evaluate the special recreation permit- 1 ting process; and 2 (B) identify opportunities— 3 (i) to eliminate duplicative processes; 4 (ii) to reduce costs; and 5 (iii) to decrease processing times; and 6 (2) not later than 1 year after the date on 7 whi [Text truncated for display. Full text available on Congress.gov.]

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