HR-4684-119
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Sponsored by Mike Kennedy (R-UT)
What it does
This bill would direct the Secretary of Agriculture to issue a 10-year special use permit for the installation, maintenance, and removal of a U.S. flag flagpole at Kyhv Peak Lookout Point in the Uinta National Forest, Utah. The permit would be issued fee-free and exempt from cost recovery charges. The bill also exempts the permit process from review under the National Environmental Policy Act (NEPA) and limits the authorized activity to the smallest practicable area.
Who benefits
The individual(s) who previously applied for or practiced seasonal flag display at Kyhv Peak prior to March 5, 2026, who would receive first priority for the permit. Utah County residents, nonprofit entities, and volunteer organizations who could qualify for the permit if the original applicants decline. Visitors and residents of Utah Valley who view the flag from below. Local patriotic and civic organizations that have supported the practice.
Who is hurt
Other potential users of the same national forest land who may be displaced or restricted by the authorized access. Environmental groups or individuals who prefer the peak remain free of permanent or semi-permanent structures. Taxpayers who indirectly bear the administrative cost of issuing and renewing the permit, since all fees are waived. Other special use permit applicants in national forests who are not granted similar fee exemptions or NEPA waivers.
Supporters argue
Supporters argue that the bill resolves a bureaucratic obstacle that has prevented a longstanding community tradition of displaying the American flag at a prominent local landmark. They contend that the fee waiver and NEPA exemption are appropriate given the minimal environmental footprint of a single flagpole, and that Congress has the authority to direct specific land management decisions on federal property it owns and oversees.
Opponents argue
Opponents argue that bypassing NEPA review — even for a small structure — sets a precedent for circumventing environmental review processes on national forest land. They contend that fee waivers and congressional mandates for specific permits undermine the Forest Service's discretionary land management authority and could invite similar carve-outs for other structures, gradually eroding consistent, science-based management of public lands.