16 U.S.C. § 8542: Permit flexibility

Summary

The agency in charge must write rules that let a person with a special recreation permit use that same permit for another recreational activity if the new activity is mostly the same as the one already allowed. To be “substantially similar,” the activity must match in type, size, and setting; not cause more harm to natural or cultural resources; not hurt other permit holders or other allowed uses of the lands and waters; and follow any applicable laws and the land or resource management plans. A recreation service provider with the special permit named in the law may tell the agency each year if it cannot use some of its allotted visitor‑use days and give those unused days back so they can be temporarily reassigned. If the provider asks first, the agency must say whether a particular unused day meets the applicable legal requirement before it is surrendered. Nothing here changes any agency rules or decisions about electric bicycles on federal recreational lands and waters under other federal law.

Title 16, §8542

Conservation, Source: USLM XML via OLRC

(a)In general

The Secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection (h) of section 6802 of this title (as amended by this title), to engage in another recreational activity under the special recreation permit that is substantially similar to the specific activity authorized under the special recreation permit.

(b)Criteria

For the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the recreational activity—

(1)is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit;

(2)does not result in a greater impact on natural and cultural resources than the impact of the authorized activity;

(3)does not adversely affect—

(A)any other holder of a special recreation permit or other permit; or

(B)any other authorized use of the Federal recreational lands and waters; and

(4)is consistent with—

(A)any applicable laws (including regulations); and

(B)the land management plan, resource management plan, or equivalent plan applicable to the Federal recreational lands and waters.

(c)Surrender of unused visitor-use days

(1)In general

A recreation service provider holding a special recreation permit described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title) may—

(A)notify the Secretary concerned of an inability to use visitor-use days annually allocated to the recreation service provider under the special recreation permit; and

(B)surrender to the Secretary concerned the unused visitor-use days for the applicable year for temporary reassignment under section 8547(b) of this title.

(2)Determination

To ensure a recreation service provider described in paragraph (1) is able to make an informed decision before surrendering any unused visitor-use day under paragraph (1)(B), the Secretary concerned shall, on the request of the applicable recreation service provider, determine and notify the recreation service provider whether the unused visitor-use day meets the requirement described in section 8546(b)(3)(B) of this title before the recreation service provider surrenders the unused visitor-use day.

(d)Effect

Nothing in this section affects any authority of, regulation issued by, or decision of the Secretary concerned relating to the use of electric bicycles on Federal recreational lands and waters under any other Federal law.

Editorial Notes

References in Text

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

§8542 Permit Flexibility

Summary

Title 16, §8542

Notes & Related Subsidiaries

Editorial Notes

References in Text

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