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16 U.S.C. § 8542Permit flexibility

submitted 1 year ago by Pub. L. 118-234 to r/title-16-CONSERVATION · 376 words · no verdicts yet

in plain englishAI-generated · not legal advice

Permit holders for outdoor recreation can sometimes swap in a similar activity without a new permit, if it fits certain rules. They can also give back unused visitor-use days for others to use. This law does not change any rules about electric bicycles.

(a) In general. The Secretary in charge must set guidelines letting a special recreation permit holder do a different recreational activity under the same permit, as long as it is substantially similar to the activity the permit already covers. (b) Criteria. An activity counts as "substantially similar" only if it meets four tests. It must be like the original activity in type, nature, scope, and setting. It must not harm resources more than the original activity would. It must not hurt other permit holders or other approved uses of the land. And it must follow all applicable laws and the area's land or resource management plan. (c) Surrender of unused visitor-use days. A provider holding a certain type of long-term permit (described in section 6801(13)(A)(iv)) may tell the Secretary it cannot use all its allotted visitor-use days for the year, and give those unused days back for temporary reassignment to someone else under section 8547(b). Before the provider gives up a day, it can ask the Secretary to check and confirm whether that unused day meets the requirement in section 8546(b)(3)(B), so the provider can decide with good information. (d) Effect. Nothing in this section changes any other federal law, rule, or decision about using electric bicycles on federal recreational lands and waters.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection (h) of section 6802 of this title (as amended by this title), to engage in another recreational activity under the special recreation permit that is substantially similar to the specific activity authorized under the special recreation permit.

(b) Criteria

For the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the 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 impact of the authorized activity;

(3)

does not adversely affect—

(A)

any other holder of a special recreation permit or other permit; or

(B)

any other authorized use of the Federal recreational lands and waters; and

(4)

is consistent with—

(A)

any applicable laws (including regulations); and

(B)

the land management plan, resource management plan, or equivalent plan applicable to the Federal recreational lands and waters.

(c) Surrender of unused visitor-use days
(1) In general

A recreation service provider holding a special recreation permit described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title) may—

(A)

notify the Secretary concerned of an inability to use visitor-use days annually allocated to the recreation service provider under the special recreation permit; and

(B)

surrender to the Secretary concerned the unused visitor-use days for the applicable year for temporary reassignment under section 8547(b) of this title.

(2) Determination

To ensure a recreation service provider described in paragraph (1) is able to make an informed decision before surrendering any unused visitor-use day under paragraph (1)(B), the Secretary concerned shall, on the request of the applicable recreation service provider, determine and notify the recreation service provider whether the unused visitor-use day meets the requirement described in section 8546(b)(3)(B) of this title before the recreation service provider surrenders the unused visitor-use day.

(d) Effect

Nothing in this section affects any authority of, regulation issued by, or decision of the Secretary concerned relating to the use of electric bicycles on Federal recreational lands and waters under any other Federal law.

Source credit: (Pub. L. 118–234, title III, § 313, Jan. 4, 2025, 138 Stat. 2901.)

history & why it existsrecord from the source credit
  • 2025Enacted · Pub. L. 118-234 · 138 Stat. 2901

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-234 on 2025-01-04.

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