16 U.S.C. § 8546 — Reviews for long-term permits

submitted 1 year ago by Pub. L. 118-234 to r/title-16-CONSERVATION · 372 words · no verdicts yet

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Federal agencies must check on recreation permit holders regularly to make sure they follow the rules. Every five years, they also review how many visitor-use days a long-term permit holder actually used, to help decide future allocations. Days a business had to give back for reasons outside its control still count partly or fully toward its usage record.

(a) Monitoring. The Secretary in charge must monitor each recreation service provider holding a special recreation permit, to check compliance with the permit's terms. For a temporary outfitting-and-guiding permit issued under section 8545, this monitoring happens at least once a year, or more often if needed. For a long-term permit described in section 6801(13)(A)(iv)(I) — issued for up to 10 years — monitoring happens at least once every two years, or more often if needed. (b) Use-of-allocation reviews. If visitor-use days are allocated among outfitting-and-guiding permits, the Secretary of Agriculture (through the Chief of the Forest Service) must, and the Secretary of the Interior may, review how a provider used its allocated visitor-use days under a long-term permit. This review happens once every five years. The review must determine how many visitor-use days the provider actually used each year, and which year the provider used the most days. When figuring out how many days a provider used in a given year, an unused day that the provider surrendered under section 8542(c)(1)(B) still counts — as half a day used, or as a full day used if the Secretary decides something beyond the provider's control kept the day from being used.

the actual law source: uscode.house.gov ↗public domain

(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; 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 (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 (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 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.

Source credit: (Pub. L. 118–234, title III, § 317, Jan. 4, 2025, 138 Stat. 2905.)

history & why it existsrecord from the source credit

2025Enacted · Pub. L. 118-234 · 138 Stat. 2905

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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