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

Summary

The Secretary in charge must check that companies with special recreation permits follow their permit terms. For temporary outfitting and guiding permits, the Secretary must do checks at least once a year, or more often if needed. For certain special permits that last up to 10 years, checks must happen at least once every 2 years, or more often if needed. If visitor-use days are split among outfitting and guiding permits, the Forest Service must review how a long-term permit holder used its days every 5 years (the other Secretary may also review). The review must count how many visitor-use days were used each year and find the year with the most use. A surrendered unused day counts as half a day used, unless the Secretary decides the provider could not use it because of things beyond their control; then it counts as a full day.

Title 16, §8546

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(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.

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.

§8546 Reviews for Long-term Permits

Summary

Title 16, §8546

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata