; or (B) a single joint special recreational permit or commercial use authorization made available under the pilot program established under paragraph (1). (6) Effect Nothing in this subsection applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services. 323. Permit flexibility (a) In general The Secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) (as amended by section 203(a)(3)), on the approval of the Secretary concerned, to engage in another recreational activity under the special recreation permit that is substantially similar to the specific activity authorized under the special recreation permit. (b) Criteria For the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the recreational activity— (1) is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit; (2) does not result in a greater impact on natural and cultural resources than the impact of the authorized activity; (3) does not adversely affect— (A) any other holder of a special recreation permit or other permit; or (B) any other authorized use of the Federal recreational lands and waters; and (4) is consistent with— (A) any applicable laws (including regulations)