16 U.S.C. § 8547: Adjustment of allocated…

Summary

After a use-of-allocation review, the Secretary must change how many visitor-use days a recreation service provider gets for the rest of that permit. If the provider’s performance in the review is satisfactory, the yearly allocation for each remaining year will be 125 percent of the number of days actually used in the year the review looks at, but it cannot be higher than the number first given when the permit started. If the provider’s performance is less than satisfactory, the yearly allocation for each remaining year will be no more than 100 percent of the days used in that review year. The Secretary may also temporarily give unused visitor-use days to other current or potential providers or to certain permit holders, including the public. If there are unallocated days available, the Secretary can amend a permit at any time to add more days to a qualified provider.

Title 16, §8547

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(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.

(c)Additional capacity

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.

Editorial Notes

References in Text

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

§8547 Adjustment of Allocated Visitor-use Days

Summary

Title 16, §8547

Notes & Related Subsidiaries

Editorial Notes

References in Text

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