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16 U.S.C. § 8548 — Reviews for long-term permits

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8548 — Reviews for long-term permits

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Source file: Laws/federal/codes/united-states-code/title-16/section-8548-reviews-for-long-term-permits--5af241495b.md
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Source location: Title 16, Chapter 103, § 8548; chapter-103-expanding-public-lands-outdoor-recreation-experiences.md

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**(a) Monitoring** The Secretary concerned shall monitor each recreation service provider issued a special recreation permit for compliance with the terms of the permit— (1) not less than annually or as frequently as needed (as determined by the Secretary concerned), in the case of a temporary special recreation permit for outfitting and guiding issued under [section 8545 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8545&num=0&edition=prelim); and (2) not less than once every 2 years or as frequently as needed (as determined by the Secretary concerned), in the case of a special recreation permit described in paragraph (13)(A)(iv)(I) of [section 6801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6801&num=0&edition=prelim) (as amended by this title) that is issued for a term of not more than 10 years. **(b) Use-of-allocation reviews** (1) **In general** — If the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, allocates visitor-use days among special recreation permits for outfitting and guiding, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, and the Secretary may, review the use by the recreation service provider of the visitor-use days allocated under a long-term special recreation permit described in paragraph (13)(A)(iv)(I) of [section 6801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6801&num=0&edition=prelim) (as amended by this title), once every 5 years. (2) **Requirements of the review** — In conducting a review under paragraph (1), the Secretary concerned shall determine— (A) the number of visitor-use days that the recreation service provider used each year under the special recreation permit, in accordance with paragraph (3); and (B) the year in which the recreation service provider used the most visitor-use days under the special recreation permit. (3) **Consideration of surrendered, unused visitor-use days** — For the purposes of determining the number of visitor-use days a recreation service provider used in a specified year under paragraph (2)(A), the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary, as applicable, shall consider an unused visitor-use day that has been surrendered under [section 8542(c)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section8542/c/1/B&num=0&edition=prelim) as— (A) 1/2 of a visitor-use day used; or (B) 1 visitor-use day used, if the Secretary concerned determines the use of the allocated visitor-use day had been or will be prevented by a circumstance beyond the control of the recreation service provider.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 6801 — Definitions

In this chapter: (1) **Entrance fee** — The term “entrance fee” means the recreation fee authorized to be charged to enter onto lands managed by the National Park Service or the United States Fish and Wildlife Service. (2) **Expanded amenity recreation fee** — The term “expanded amenity recreation fee” means the recreation fee authorized by [section 6802(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6802/g&num=0&edition=prelim). (3) **Federal land management agency** — The term “Federal land management agency” means the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service. (4) **Federal recreational lands and waters** — The term “Federal recreational lands and waters” means lands or waters managed by a Federal land management agency. (5) **National Parks and Federal Recreational Lands Pass** — The term “National Parks and Federal Recreational Lands Pass” means the interagency national pass authorized by [section 6804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6804&num=0&edition=prelim). (6) **Passholder** — The term “passholder” means the person who is issued a recreation pass. (7) **Recreation fee** — The term “recreation fee” means an entrance fee, standard amenity recreation fee, expanded amenity recreation fee, or special recreation permit fee. (8) **Recreation pass** — The term “recreation pass” means the National Parks and Federal Recreational Lands Pass or one of the other recreation passes available as authorized by [section 6804 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6804&num=0&edition=prelim). (9) **Recreation se

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8545 — Permit administration

**(a) Permit availability** (1) **Notifications of permit availability** (A) *In general* — Except as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary concerned determines that visitor-use days are available for allocation to recreation service providers or holders of a commercial use authorization for outfitting and guiding, the Secretary concerned shall publish that information on the website of the agency that administers the applicable area of Federal recreational lands and waters. (B) *Effect* — Nothing in this paragraph— (i) applies to— (I) the reissuance of an existing special recreation permit or commercial use authorization for outfitting and guiding; or (II) the issuance of a new special recreation permit or new commercial use authorization for outfitting and guiding issued to the purchaser of— (aa) a recreation service provider that is the holder of an existing special recreation permit; or (bb) a holder of an existing commercial use authorization for outfitting and guiding; or (ii) creates a prerequisite to the issuance of a special recreation permit or commercial use authorization for outfitting and guiding or otherwise limits the authority of the Secretary concerned— (I) to issue a new special recreation permit or new commercial use authorization for outfitting and guiding; or (II) to add a new or additional use to an existing special recreation permit or an existing commercial use authorization for outfitting and guiding. (2) **Updates** — The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 8548 — Untitled legal text

Page 2731 TITLE 16—CONSERVATION § 8203 (E) 1 shall be a representative of the Asso- ciation of Fish and Wildlife Agencies; (F) 4 shall be representatives of State agencies, 1 of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, South- east, Midwest, and Western regions of the United States; (G) 2 shall be representatives of Indian Tribes, of whom— (i) 1 shall be a representative of Indian Tribes in the State of Alaska; and (ii) 1 shall be a representative of Indian Tribes in States other than the State of Alaska; (H) 2 shall be representatives of— (i) the Regional Fishery Management Councils established by section 1852(a)(1) of this title; or (ii) the Marine Fisheries Commissions; (I) 1 shall be a representative of the Sport Fishing and Boating Partnership Council; (J) 7 shall be representatives selected from at least one from each of the following: (i) the recreational sportfishing indus- try; (ii) the commercial fishing industry; (iii) marine recreational anglers; (iv) freshwater recreational anglers; (v) habitat conservation organizations; and (vi) science-based fishery organizations; (K) 1 shall be a representative of a na- tional private landowner organization; (L) 1 shall be a representative of an agri- cultural production organization; (M) 1 shall be a representative of local gov- ernment interests involved in fish habitat restoration; (N) 2 shall be representatives from dif- ferent sectors of corporate industries, which may include— (i) natural resource commodity inter- ests, such as petroleum or mineral extrac- tion; (ii) natural resource user industries; and (iii) industries with an interest in fish and fish habitat conservation; and (O) 1 shall be an individual in a lead

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