16 U.S.C. § 8547 — Adjustment of allocated visitor-use days

submitted 1 year ago by Pub. L. 118-234 to r/title-16-CONSERVATION · 391 words · no verdicts yet

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After reviewing how many visitor-use days a permit holder actually used, the agency adjusts future allocations up or down based on performance. Good performers get more days for future years; poor performers get fewer. The agency can also temporarily give unused days to other permit holders or the public, and can add extra days if more become available.

(a) Adjustments following use-of-allocation reviews. After completing a review under section 8546(b) for a long-term permit described in section 6801(13)(A)(iv)(I), the Secretary of Agriculture (through the Chief of the Forest Service) or the Secretary of the Interior must adjust the visitor-use days allocated to that provider. If the review found the provider's performance satisfactory, the annual allocation for the rest of the permit's term becomes 125 percent of the days the provider actually used in its best year — but never more than the amount allocated when the permit was first issued. If the review found performance less than satisfactory, the annual allocation for the rest of the term drops to no more than 100 percent of the days used in that same best year. (b) Temporary reassignment of unused visitor-use days. The Secretary in charge may temporarily give unused visitor-use days — the kind made available under section 8542(c)(1)(B) — to any other existing or potential provider, even beyond what that provider's own permit allows, or to any existing or potential holder of certain other kinds of permits described in section 6801(13)(A), including permits available to the public. (c) Additional capacity. If more visitor-use days are available and not yet allocated, the Secretary in charge may amend a permit at any time to give a qualified provider additional days.

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

(a) Adjustments following use of allocation reviews

On the completion of a use-of-allocation review conducted under section 8546(b) of this title for a special recreation permit described in paragraph (13)(A)(iv)(I) of section 6801 of this title (as amended by this title), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall adjust the number of visitor-use days allocated to a recreation service provider under the special recreation permit as follows:

(1)

If the Secretary concerned determines that the performance of the recreation service provider was satisfactory during the most recent review conducted under subsection (a) of section 8546 of this title, the annual number of visitor-use days allocated for each remaining year of the permit shall be equal to 125 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section, during the year identified under subsection (b)(2)(B) of that section, not to exceed the level allocated to the recreation service provider on the date on which the special recreation permit was issued.

(2)

If the Secretary concerned determines the performance of the recreation service provider is less than satisfactory during the most recent performance review conducted under subsection (a) of section 8546 of this title, the annual number of visitor-use days allocated for each remaining year of the special recreation permit shall be equal to not more than 100 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section during the year identified under subsection (b)(2)(B) of that section.

(b) Temporary reassignment of unused visitor-use days

The Secretary concerned may temporarily assign unused visitor-use days, made available under section 8542(c)(1)(B) of this title, to—

(1)

any other existing or potential recreation service provider, notwithstanding the number of visitor-use days allocated to the special recreation permit holder under the special recreation permit held or to be held by the recreation service provider; or

(2)

any existing or potential holder of a special recreation permit described in clause (i) or (iii) of paragraph (13)(A) of section 6801 of this title (as amended by this title), including the public.

If unallocated visitor-use days are available, the Secretary concerned may, at any time, amend a special recreation permit to allocate additional visitor-use days to a qualified recreation service provider.

Source credit: (Pub. L. 118–234, title III, § 318, Jan. 4, 2025, 138 Stat. 2906.)

history & why it existsrecord from the source credit

2025Enacted · Pub. L. 118-234 · 138 Stat. 2906

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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