§8541 — Title 16 Conservation | U.S. Code

Summary

Require the Secretaries to make special recreation permits under section 6802(h) easier, cheaper, and faster to get. From January 1, 2021, to January 1, 2025, they must review how permits are issued and find ways to remove duplicate steps, cut costs, shorten processing times, and create simpler permits (including ones for organized group activities). Within one year after each review is finished, they must update rules and guidance, including rules for environmental reviews. The Secretary must use available tools (like tiering to programmatic reviews) to speed environmental reviews. By not later than two years after January 4, 2025, the Secretary must check whether current categorical exclusions fit this law, decide if any should be changed or added under NEPA, and update regulations and guidance as needed. Except where another law (section 1133) requires it, a needs assessment cannot be imposed as a condition to get a permit. By not later than three years after January 4, 2025, permit applications must be available online, by mail or email, and in person at the appropriate field office. The law also covers organized group permits and youth groups. Defined terms: “special recreation permit for an organized group recreation activity or event” — a permit type listed in section 6801; “youth group” — a provider that mainly serves people 25 or younger. If visitor-use days are being allocated among certain providers, organized group permits are not counted in that allocation. If there is no limited-entry system and space exists, the Secretary must make a nominal-effects decision when a provider asks to run an organized activity. If the activity would only have nominal effects and extra conditions aren’t needed, no permit is required. If nominal effects exist but extra terms are needed, the Secretary may or, for some types, must issue a permit with appropriate conditions. The Secretary may also issue permits when effects may be more than nominal if conditions are needed. Fees for these permits can be waived. The Secretary can limit or stop an activity for resource, administrative, or safety reasons. All such permits must meet required health and safety standards.

Title 16, §8541

Conservation — Source: USLM XML via OLRC

(a)To simplify the process of the issuance and or reissuance of special recreation permits and reduce the cost of administering special recreation permits under section 6802(h) of this title (as amended by this title), the Secretaries shall each—

(1)during the period beginning on January 1, 2021, and ending on January 1, 2025—

(A)evaluate the process for issuing special recreation permits; and

(B)based on the evaluation under subparagraph (A), identify opportunities to—

(i)eliminate duplicative processes with respect to issuing special recreation permits;

(ii)reduce costs for the issuance of special recreation permits;

(iii)decrease processing times for special recreation permits; and

(iv)issue simplified special recreation permits, including special recreation permits for an organized group recreation activity or event under subsection (e); and

(2)not later than 1 year after the date on which the Secretaries complete their respective evaluation and identification processes under paragraph (1), revise, as necessary, relevant agency regulations and guidance documents, including regulations and guidance documents relating to the environmental review process, for special recreation permits to implement the improvements identified under paragraph (1)(B).

(b)(1)The Secretary concerned shall, to the maximum extent practicable, utilize available tools, including tiering to existing programmatic reviews, as appropriate, to facilitate an effective and efficient environmental review process for activities undertaken by the Secretary concerned relating to the issuance of special recreation permits.

(2)Not later than 2 years after January 4, 2025, the Secretary concerned shall—

(A)evaluate whether existing categorical exclusions available to the Secretary concerned on January 4, 2025, are consistent with the provisions of this subchapter;

(B)evaluate whether a modification of an existing categorical exclusion or the establishment of 1 or more new categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary to undertake an activity described in paragraph (1) in a manner consistent with the authorities and requirements in this subchapter; and

(C)revise relevant agency regulations and policy statements and guidance documents, as necessary, to modify existing categorical exclusions or incorporate new categorical exclusions based on evaluations conducted under this paragraph.

(c)Except as required under subsection (c) or (d) of section 1133 of this title, the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit under section 6802(h) of this title (as amended by this title).

(d)Not later than 3 years after January 4, 2025, the Secretaries shall make the application for a special recreation permit under section 6802(h) of this title (as amended by this title), including a reissuance of a special recreation permit under that section, available for completion and submission—

(1)online;

(2)by mail or electronic mail; and

(3)in person at the field office for the applicable Federal recreational lands and waters.

(e)(1)In this subsection:

(A)The term “special recreation permit for an organized group recreation activity or event” means a special recreation permit described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 6801 of this title (as amended by this title).

(B)The term “youth group” means a recreation service provider that predominantly serves individuals not older than 25 years of age.

(2)If the Secretary concerned allocates visitor-use days available for an area or activity on Federal recreational lands and waters among recreation service providers that hold a permit described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title), a special recreation permit for an organized group recreation activity or event shall not be subject to that allocation of visitor-use days.

(3)In accordance with paragraphs (5) and (6), if use by the general public is not subject to a limited entry permit system and if capacity is available for the times or days in which the proposed activity or event would be undertaken, on request of a recreation service provider (including a youth group) to conduct an organized group recreation activity or event described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 6801 of this title (as amended by this title), the Secretary concerned—

(A)shall make a nominal effects determination to determine whether the proposed activity or event would have more than nominal effects on Federal recreational lands and waters, resources, and programs; and

(B)(i)shall not require a recreation service provider (including a youth group) to obtain a special recreation permit for an organized group recreation activity or event if the Secretary concerned determines—

(I)the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and

(II)establishing additional terms and conditions for the proposed activity or event is not necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs;

(ii)in the case of an organized group recreation activity or event described in section 6801(13)(A)(iii)(I) of this title, may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions as are determined to be appropriate by the Secretary concerned, if the Secretary concerned determines—

(I)the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and

(II)establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs;

(iii)in the case of an organized group recreation activity or event described in section 6801(13)(A)(iii)(III) of this title, shall issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to such terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines—

(I)the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and

(iv)may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines—

(I)the proposed activity or event to be undertaken may have more than nominal effects on Federal recreational lands and waters, resources, and programs; and

(II)establishing additional terms and conditions for the proposed activity or event would be necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs.

(4)The Secretary concerned may elect not to charge a fee to a recreation service provider (including a youth group) for a special recreation permit for an organized group recreation activity or event.

(5)Nothing in this subsection prevents the Secretary concerned from limiting or abating the allowance of a proposed activity or event under paragraph (3)(B)(i) or the issuance of a special recreation permit for an organized group recreation activity or event, based on resource conditions, administrative burdens, or safety issues.

(6)A special recreation permit for an organized group recreation activity or event issued under paragraph (3) shall be subject to the health and safety standards required by the Secretary concerned for a permit issued under paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title).

Notes & Related Subsidiaries

Editorial Notes

References in Text

As amended by this title, referred to in subsecs. (a), (c), (d), (e)(1)(A), (2), (3), and (6), means as amended by title III of Pub. L. 118–234. This subchapter, referred to in subsec. (b)(2)(A), (B), was in the original “this title”, meaning title III of Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2891, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables. The National Environmental Policy Act of 1969, referred to in subsec. (b)(2)(B), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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note set out under section 4321 of Title 42 and Tables.

§8541 Permitting Process Improvements

Summary

Title 16, §8541

Notes & Related Subsidiaries

Editorial Notes

References in Text

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