Title 16ConservationRelease 119-73

§8546 Reviews for long-term permits

Title 16 › Chapter CHAPTER 103— - EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES › Subchapter SUBCHAPTER III— - SIMPLIFYING OUTDOOR ACCESS FOR RECREATION › Part Part A— - Modernizing Recreation Permitting › § 8546

Last updated Apr 6, 2026|Official source

Summary

The agency that issues a special recreation permit must check each permit holder to make sure they follow the permit rules. For temporary outfitting and guiding permits, checks must happen at least once a year, or more often if needed. For special permits that last up to 10 years, checks must happen at least once every 2 years, or more often if needed. When the Forest Service divides visitor-use days among permit holders, the Forest Service must review how a long-term permit holder used those days every 5 years (the other Secretary may also do this review). In that review the agency must count how many visitor-use days were used each year and find the year with the most use. If a permit holder gave back an unused visitor-use day, it counts as 1/2 a day used unless the agency finds the day could not be used because of things beyond the holder’s control; then it counts as 1 full day.

Full Legal Text

Title 16, §8546

Conservation — Source: USLM XML via OLRC

(a)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)(1)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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

As amended by this title, referred to in subsecs. (a)(2) and (b)(1), means as amended by title III of Pub. L. 118–234.

Reference

Citations & Metadata

Citation

16 U.S.C. § 8546

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73