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16 U.S.C. § 8549Cost recovery reform

submitted 1 year ago by Pub. L. 118-234 to r/title-16-CONSERVATION · 290 words · no verdicts yet

in plain englishAI-generated · not legal advice

Land agencies can charge permit applicants a fee to cover the cost of processing, issuing, and monitoring their permit. A set number of hours are always free before charges start. Agencies must also try to reuse existing studies to keep costs down, and can't charge for broad environmental reviews.

(a) Cost recovery for special recreation permits. Besides any fee collected under section 6802 or other authorized fees, the Secretary in charge may charge an applicant or permit holder a reasonable fee to cover the agency's administrative costs. This covers processing the application, issuing the permit, and monitoring the permit holder's compliance. (b) De minimis exemption from cost recovery. If these administrative costs are billed by the hour, the Secretary must set a minimum number of free hours before any charge applies, and can only bill the applicant for hours beyond that threshold. (c) Multiple applications. If the Secretary processes several similar applications together for the same area, the Secretary must, as much as practical, split the fee proportionally among the applicants, and apply the free-hours exemption to each one separately. (d) Limitation. The Secretary cannot charge these administrative costs for a broad, "programmatic" environmental review. (e) Cost reduction. As much as practical, the agency processing an application must reuse existing studies and analysis to cut down on the work and cost needed to process it.
the actual law source: uscode.house.gov ↗public domain
(a) Cost recovery for special recreation permits

In addition to a fee collected under section 6802 of this title or any other authorized fee collected by the Secretary concerned, the Secretary concerned may assess and collect a reasonable fee from an applicant for, or holder of, a special recreation permit to recover administrative costs incurred by the Secretary concerned for—

(1)

processing a proposal or application for the special recreation permit;

(2)

issuing the special recreation permit; and

(3)

monitoring the special recreation permit to ensure compliance with the terms and conditions of the special recreation permit.

(b) De minimis exemption from cost recovery

If the administrative costs described in subsection (a) are assessed on an hourly basis, the Secretary concerned shall—

(1)

establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administrative costs described in subsection (a); and

(2)

charge an applicant only for any hours that exceed the de minimis threshold.

(c) Multiple applications

If the Secretary concerned collectively processes multiple applications for special recreation permits for the same or similar services in the same unit of Federal recreational lands and waters, the Secretary concerned shall, to the extent practicable—

(1)

assess from the applicants the fee described in subsection (a) on a prorated basis; and

(2)

apply the exemption described in subsection (b) to each applicant on an individual basis.

(d) Limitation

The Secretary concerned shall not assess or collect administrative costs under this section for a programmatic environmental review.

(e) Cost reduction

To the maximum extent practicable, the agency processing an application for a special recreation permit shall use existing studies and analysis to reduce the quantity of work and costs necessary to process the application.

Source credit: (Pub. L. 118–234, title III, § 320, Jan. 4, 2025, 138 Stat. 2908.)

history & why it existsrecord from the source credit
  • 2025Enacted · Pub. L. 118-234 · 138 Stat. 2908

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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