Title 16 — Conservation
Part A · Chapter 103 — Expanding Public Lands Outdoor Recreation Experiences
§ 8548. Liability
Statutory text
Insurance requirements
In general
Except as provided in paragraph (2), as a condition of issuing a special recreation permit under subsection (h)(1)(B) of section 6802 of this title (as amended by this title) or a commercial use authorization, the Secretary concerned may require the holder of the special recreation permit or commercial use authorization to have a commercial general liability insurance policy that—
is commensurate with the level of risk of the activities to be conducted under the special recreation permit or commercial use authorization; and
includes the United States as an additional insured in an endorsement to the applicable policy.
Exception
The Secretary concerned shall not require a holder of a special recreation permit or commercial use authorization for low-risk activities, as determined by the Secretary concerned, including commemorative ceremonies and participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated, to comply with the requirements of paragraph (1).
Indemnification by governmental entities
The Secretary concerned shall not require a State, State agency, State institution, or political subdivision of a State to indemnify the United States for tort liability as a condition for issuing a special recreation permit or commercial use authorization to the extent the State, State agency, State institution, or political subdivision of a State is precluded by State law from providing indemnification to the United States for tort liability, if the State, State agency, State institution, or political subdivision of the State maintains the minimum amount of liability insurance coverage required by the Federal land management agency for the activities conducted under the special recreation permit or commercial use authorization in the form of—
a commercial general liability insurance policy, which includes the United States as an additional insured in an endorsement to the policy, if the State is authorized to obtain commercial general liability insurance by State law;
self-insurance, which covers the United States as an additional insured, if authorized by State law; or
a combination of the coverage described in paragraphs (1) and (2).
Exculpatory agreements
In general
Except as provided in paragraph (2), a Federal land management agency shall not implement, administer, or enforce any regulation, guidance, or policy prohibiting the use of an exculpatory agreement between a recreation service provider or a holder of a commercial use authorization and a customer relating to services provided under a special recreation permit or a commercial use authorization.
Requirements
Any exculpatory agreement used by a recreation service provider or holder of a commercial use authorization for an activity authorized under a special recreation permit or commercial use authorization—
shall shield the United States from any liability, if otherwise allowable under Federal law; and
shall not waive any liability of the recreation service provider or holder of the commercial use authorization that may not be waived under the laws (including common law) of the applicable State or for gross negligence, recklessness, or willful misconduct.
Consistency
Not later than 2 years after , the Secretaries shall—
review the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations; and
revise any policy described in subparagraph (A) as necessary to make the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations consistent with this subsection and across all Federal recreational lands and waters.
Effect
Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 118–234 title III § 319 · 138 Stat. 2907
Enacted · 16 U.S.C. § 8548
(Pub. L. 118–234, title III, § 319, Jan. 4, 2025, 138 Stat. 2907.)
Unresolved: Pub. L. 118–234 was not found in the local Statutes at Large index.
Source evidence
Code source credit
(Pub. L. 118–234, title III, § 319, Jan. 4, 2025, 138 Stat. 2907.)
0 of 1 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
References in Text
As amended by this title, referred to in subsec. (a)(1), means as amended by title III of Pub. L. 118–234.