; (2) fire; (3) natural disaster; (4) wildlife displacement; (5) business interruption; (6) insufficient availability of hunting and fishing licenses; or (7) significant seasonal variability or off-peak periods within the allocated period of use. (d) Approval of non-Use (1) In general In any circumstance for which the holder of a special recreation permit would qualify for a waiver under subsection (c), on request of the holder of the special recreation permit, the Secretary may approve non-use by the holder of the special recreation permit without reducing the number of service days assigned to the special recreation permit. (2) Temporary reassignment of use The Secretary may temporarily assign any period of non-use approved under paragraph (1) to any other existing or potential permittee. 108. Liability (a) Exculpatory agreements (1) In general A Federal land management agency shall not implement, administer, or enforce any regulation, guidance, or policy regarding the use of an exculpatory agreement between a special recreation permit holder and a customer of the special recreation permit holder relating to services provided under a special recreation permit. (2) Savings clause Nothing in this subsection preempts, displaces, modifies, or eliminates any State law (including common law) regarding exculpatory agreements. (b) Indemnification by government entities The Secretary concerned may not require a recreation service provider to indemnify the United States as a condition for issuing a special recreation permit for a Federal land unit under this section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ) if— (1) the recreation service provider is prohibited by State or local law from providing indemnification to the United States; and (2) the recreation service provider— (A) carries the minimum amount of liability insurance coverage required by the issuing agency for the activities conducted under the special recreation permit