H.R. 289, Guides and Outfitters Act

Floor Situation

On Monday, October 2, 2017, the House will consider H.R. 289, the Guides and Outfitters Act, under suspension of the rules.  The bill was introduced on January 4, 2017, by Rep. Doug LaMalfa (R-CA) and was referred to the Committee on Natural Resources, which ordered the bill reported by voice vote on September 21, 2017.

Summary

H.R. 289 amends the Federal Lands Recreation Enhancement Act to specify the circumstances in which the Secretary of the Interior and the Secretary of Agriculture may issue permits for recreation services on lands managed by federal agencies and charge a special recreation permit fee for them.

The U.S. Department of Interior and U.S. Department of Agriculture (USDA) may issue permits: (1) for specialized individual and groups use of federal facilities and federal recreations lands and waters; (2) to recreation service providers who conduct outfitting, guiding, and other recreation services on federal recreational lands and waters; and (3) to recreation service providers who conduct recreation or competitive events, which may involve incidental sales on federal recreational lands and waters.

The bill instructs Interior and USDA to issue a joint permit for the use of lands managed by the Forest Service and the bureau of Land Management (BLM).

The bill instructs Interior and USDA to issue guidelines for establishing recreation permit fees. Revenues from these permits shall be used to: (1) offset Interior’s costs of administering permits, and (2) improve and streamline the permitting process. Federal agencies are prevented from imposing fees on services delivered outside federal lands. Additionally, permit fees must be subject to a cap at three percent of the annual gross revenue stemming from the permitted activity.

The bill authorizes temporary permits for new uses and allows for the extension of existing permits to prevent interruption of services to the public.

The bill requires Interior and USDA to waive the cost recovery charges for the 50 hours of work required to complete the permitting process.

The bill also authorizes agencies to streamline the permitting processes and provides categorical exclusions for previously studied uses to eliminate duplicative studies that delay permits.

Background

The Federal Lands Recreation Enhancement Act ,signed into law in 2004, provides the Secretary of the Interior and the Secretary of Agriculture the authority to issue recreation permits and charge subsequent permit fees for uses of federal lands, such as outfitting, group activities, recreation events, and motor vehicle use.[1] Each year, the U.S. Forest Service (USFS)and Bureau of Land Management (BLM)  issue thousands of special recreation and special use permits for events, competitions, and outfitting and guiding on federal lands.[2]

Since 2004, rules, regulations, and court decisions have led to increased costs of permit administration. Both theUSFS and BLM responded by writing a “cost recovery” regulation which requires businesses to pay for permit processing and environmental analyses when the time required to complete these processes exceed 50 hours.[3] This cost recovery requirement along with complex planning requirementshas virtually shut down public lands to new permitted uses..[4] H.R. 289 seeks toreduce the cost and complexity for those applying for and renewing special recreation and special use permits. .[5]

According to the bill’s sponsor, “Too often, the public is delayed or denied reasonable use of public lands by slow moving bureaucracy that places unnecessary red tape and road blacks that increase costs and overcomplicate what should be a fairly straightforward process.[…] The GO Act will help guides and outfitters in rural areas create more recreation opportunities for Americans and increase the public’s access to their public lands.”[6]

Cost

The Congressional Budget Office (CBO) estimates that implementing the bill would cost $5 million over the 2018-2022 period.

Staff Contact

For questions or further information please contact Dominique Yantko with the House Republican Policy Committee by email or at 3-1555.