§8548 Liability

Summary

The law lets the Secretary in charge require people or businesses with a special recreation permit or a commercial use authorization to carry commercial general liability insurance that matches the risk of their activities and names the United States as an extra insured on the policy. The Secretary must not require that insurance for low‑risk activities, like commemorative ceremonies or public events in areas where use is allocated. If a State or local government cannot, under its own law, promise to indemnify the United States for tort claims, the Secretary cannot force that promise. Instead the State or local government must keep the agency’s minimum liability coverage by either buying commercial insurance that names the United States, using state-authorized self‑insurance that covers the United States, or a mix of both. Federal land agencies may not ban the use of exculpatory agreements between service providers and customers for permitted activities. Any such agreement must protect the United States where federal law allows and cannot waive provider liability that state law won’t allow to be waived or liability for gross negligence, recklessness, or willful misconduct. The relevant Secretaries must review and update their policies to match this rule within 2 years after January 4, 2025. This law does not apply to National Park Service concession contracts for accommodations, facilities, or services.