; and (ii) as applicable— (I) section 220.6 of title 36, Code of Federal Regulations (or a successor regulation); or (II) section 46.215 of title 43, Code of Federal Regulations (or a successor regulation). (d) Needs assessments Except as required under section 4(c) of the Wilderness Act ( 16 U.S.C. 1133(c) ), the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit for a public land unit under this Act. 5. Permit flexibility (a) Similar activities The Secretary concerned shall establish a permit administration protocol that authorizes, to the maximum extent practicable, a permittee issued a special recreation permit for a public land unit under section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ) to engage in a recreational activity that is substantially similar to the specific activity authorized under the special recreation permit, if the substantially similar recreational activity does not— (1) result in a greater impact on natural and cultural resources than the authorized activity; and (2) adversely affect any other permittee issued a special recreation permit for a public land unit under that subsection. (b) Voluntary return of surplus service days (1) In general The Secretary concerned shall establish a pilot program to allow a permittee issued a special recreation permit for a public land unit to voluntarily and temporarily return to the Secretary concerned 1 or more surplus service days, to be made available to any other existing or potential permittee. (2) Limitations A voluntary return of 1 or more surplus service days under paragraph (1)— (A) shall— (i) be for a period of not more than— (I) 1 season beginning on the date on which the permittee makes the return and ending on a date determined by the Secretary; or (II) 1 calendar year beginning on the date on which the permittee makes the return; and (ii) be without prejudice or penalty to the permittee who makes the return