; and (2) if the special recreation permit holder receives a satisfactory performance review, allocate to the special recreation permit holder the highest level of actual annual use during the period under review plus 25 percent of that use, not to exceed the level allocated to the special recreation permit holder on the date on which the special recreation permit was issued. (b) Additional capacity (1) In general If additional use capacity is available the Secretary may, at any time, assign additional use capacity to 1 or more qualified recreation service providers. (2) Assignment not subject to cap on use Notwithstanding subsection (a), in assigning additional use capacity under paragraph (1), the Secretary may assign additional use capacity to an existing special recreation permit holder even if that assignment would exceed the amount of use allocated to the special recreation permit holder on the date on which the special recreation permit was issued. (c) Waiver The Secretary may waive a special recreation permit use review for any period during which use of the assigned capacity has been prevented by a circumstance beyond the control of the special recreation permit holder, such as— (1) unfavorable weather; (2) fire; (3) natural disaster; (4) wildlife displacement; (5) business interruption; (6) insufficient availability of hunting and fishing licenses