[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3266 Reported in Senate (RS)]
<DOC>
Calendar No. 501
117th CONGRESS
2d Session
S. 3266
[Report No. 117-158]
To improve recreation opportunities on, and facilitate greater access
to, Federal public land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2021
Mr. Manchin (for himself and Mr. Barrasso) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
September 21, 2022
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To improve recreation opportunities on, and facilitate greater access
to, Federal public land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Outdoor
Recreation Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>TITLE I--INCREASING RECREATION OPPORTUNITIES
<DELETED>Sec. 101. Permit relief.
<DELETED>Sec. 102. Planning and managing for recreation.
<DELETED>Sec. 103. Forest Service climbing guidance.
<DELETED>Sec. 104. Target shooting ranges.
<DELETED>TITLE II--IMPROVING RECREATION OPPORTUNITIES
<DELETED>Sec. 201. Broadband internet connectivity at recreation sites.
<DELETED>Sec. 202. Federal land and aquatic resource activities
assistance.
<DELETED>Sec. 203. Improved recreation visitation data.
<DELETED>Sec. 204. Travel management.
<DELETED>TITLE III--INVESTING IN RECREATION INFRASTRUCTURE AND RURAL
COMMUNITIES
<DELETED>Sec. 301. Gateway communities.
<DELETED>Sec. 302. Forest Service conservation finance partnerships.
<DELETED>Sec. 303. Availability of Federal land infrastructure during
shoulder seasons.
<DELETED>Sec. 304. Public-private partnerships to modernize campgrounds
on Federal land.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Federal land.--The term ``Federal land''
means--</DELETED>
<DELETED> (A) land under the jurisdiction of the
Secretary; and</DELETED>
<DELETED> (B) National Forest System land.</DELETED>
<DELETED> (2) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).</DELETED>
<DELETED> (3) Secretaries.--The term ``Secretaries'' means
each of--</DELETED>
<DELETED> (A) the Secretary; and</DELETED>
<DELETED> (B) the Secretary of
Agriculture.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (5) Secretary concerned.--The term ``Secretary
concerned'' means--</DELETED>
<DELETED> (A) the Secretary, with respect to land
under the jurisdiction of the Secretary; or</DELETED>
<DELETED> (B) the Secretary of Agriculture, with
respect to National Forest System land.</DELETED>
<DELETED>TITLE I--INCREASING RECREATION OPPORTUNITIES</DELETED>
<DELETED>SEC. 101. PERMIT RELIEF.</DELETED>
<DELETED> (a) Definition of Youth Group.--In this section, the term
``youth group'' means any of the following that serves individuals not
older than 25 years of age:</DELETED>
<DELETED> (1) A nonprofit organization.</DELETED>
<DELETED> (2) A youth service organization.</DELETED>
<DELETED> (3) An educational institution.</DELETED>
<DELETED> (4) A faith-based organization.</DELETED>
<DELETED> (b) Removal of Permit Requirements for Certain Areas.--If
the Secretary concerned does not require the public to obtain a permit
or reservation to access an existing picnic area, the Secretary
concerned may not require an outfitter or guide serving fewer than 40
clients to obtain a permit to access that site.</DELETED>
<DELETED> (c) Study on Access for Youth Groups to Federal Land and
Permits.--</DELETED>
<DELETED> (1) In general.--Not later than 4 years after the
date of enactment of this Act, the Secretaries shall--
</DELETED>
<DELETED> (A) conduct a study on impediments
relating to permitting that are hindering the ability
of youth groups to access and recreate on Federal land;
and</DELETED>
<DELETED> (B) submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a
report that describes the findings of the study under
subparagraph (A).</DELETED>
<DELETED> (2) Temporary permits and de minimis use
permits.--For purposes of the study conducted under paragraph
(1)(A), for the 4-year period beginning on the date that is 1
year before the date of enactment of this Act, the Secretaries
shall--</DELETED>
<DELETED> (A) assess the frequency and
appropriateness of the issuance of temporary permits or
other special recreation permits for youth groups on
Federal land;</DELETED>
<DELETED> (B) assess the quantity of requests made
by youth groups to access a publicly accessible site on
a unit of the National Forest System, Federal land
administered by the Bureau of Reclamation, or Federal
land administered by the Bureau of Land
Management;</DELETED>
<DELETED> (C) provide any recommendations to
facilitate and streamline access and recreation by
youth groups; and</DELETED>
<DELETED> (D) consider any implications regarding
the health and safety of participants and liability
exposure of the Secretaries and the youth
groups.</DELETED>
<DELETED> (d) Voluntary Return of Surplus Service Days.--</DELETED>
<DELETED> (1) In general.--The Secretary concerned shall
establish a 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 service
days, to be made available to any other existing or potential
permittee.</DELETED>
<DELETED> (2) Effect.--The return of surplus service days
shall not affect future-year special recreation permits or the
number of service days available to the permittee in future
years.</DELETED>
<DELETED>SEC. 102. PLANNING AND MANAGING FOR RECREATION.</DELETED>
<DELETED> (a) Policy.--</DELETED>
<DELETED> (1) In general.--It is the policy of the Federal
Government to foster and encourage recreation on Federal land,
consistent with--</DELETED>
<DELETED> (A) the multiple-use mission of the
applicable Federal land management agency;
and</DELETED>
<DELETED> (B) the laws applicable to specific areas
of Federal land.</DELETED>
<DELETED> (2) Administration.--The Secretary concerned shall
carry out the policy described in paragraph (1) in
administering programs and activities authorized by
law.</DELETED>
<DELETED> (b) Definition of Land Management Plan.--In this section,
the term ``land management plan'' means--</DELETED>
<DELETED> (1) a land use plan prepared by the Secretary
pursuant to section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712); and</DELETED>
<DELETED> (2) a land management plan prepared by the Forest
Service for a unit of the National Forest Service pursuant to
section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604).</DELETED>
<DELETED> (c) Inventory and Assessment.--</DELETED>
<DELETED> (1) In general.--In developing or revising a land
management plan, the Secretary concerned shall conduct, using
public outreach, an inventory and assessment of recreation
resources for the Federal land subject to the land management
plan.</DELETED>
<DELETED> (2) Unique recreation values.--An inventory and
assessment conducted under paragraph (1) shall recognize--
</DELETED>
<DELETED> (A) any unique recreation values and uses
of each landscape that make a landscape, or a portion
of a landscape, desirable for a particular type of
recreation opportunity; and</DELETED>
<DELETED> (B) points of concentrated use by
recreationists.</DELETED>
<DELETED> (3) Inventory.--The inventory under paragraph (1)
shall identify and list recreation resources by--</DELETED>
<DELETED> (A) type of recreation and type of natural
or manmade recreation infrastructure;</DELETED>
<DELETED> (B) to the extent available, the level and
demographics of use of the recreation resource as of
the date of the inventory; and</DELETED>
<DELETED> (C) any trend relating to recreation
opportunities or use.</DELETED>
<DELETED> (4) Assessment.--For any recreation resource
inventoried under paragraph (1), the Secretary concerned shall
assess--</DELETED>
<DELETED> (A) the level of demand for the recreation
resource;</DELETED>
<DELETED> (B) the maintenance needs of, and expenses
necessary to administer, the recreation
resource;</DELETED>
<DELETED> (C) the benefits of current and projected
future recreation use, including to the local
economy;</DELETED>
<DELETED> (D) the impacts of current and projected
future recreation use on--</DELETED>
<DELETED> (i) natural, cultural, and other
resources; and</DELETED>
<DELETED> (ii) other authorized uses and
activities on the Federal land subject to the
land management plan; and</DELETED>
<DELETED> (E) the suitability for developing,
expanding, or enhancing the recreation
resource.</DELETED>
<DELETED> (d) Future Recreation Needs and Management.--</DELETED>
<DELETED> (1) Future needs.--Based on the inventory and
assessment under subsection (c)(1), the Secretary concerned
shall--</DELETED>
<DELETED> (A) consider future recreation
needs;</DELETED>
<DELETED> (B) identify underutilized locations that
are suitable for developing, expanding, or enhancing
recreation use; and</DELETED>
<DELETED> (C) select additional high-value
recreation resources at which to encourage recreation
use.</DELETED>
<DELETED> (2) Savings clause.--The Secretary concerned shall
manage any high-value recreation resource identified under
paragraph (1)(C) in a manner that--</DELETED>
<DELETED> (A) is consistent with applicable
law;</DELETED>
<DELETED> (B) recognizes other uses and activities
in the area of the high-value recreation
resource;</DELETED>
<DELETED> (C) seeks input from the public, including
adjacent landowners and individuals or entities with
existing permits and leases; and</DELETED>
<DELETED> (D) protects and enhances the recreation
values of the high-value recreation resource.</DELETED>
<DELETED> (3) Forecasts.--In developing or revising a land
management plan, the Secretary concerned shall predict the
manner in which the following would change under the desired
future conditions identified in the applicable land management
plan:</DELETED>
<DELETED> (A) The number of visitors to the
respective unit of Federal land.</DELETED>
<DELETED> (B) The maintenance needs of, and the
expenses necessary to administer, the recreation
resources on the respective unit of Federal
land.</DELETED>
<DELETED> (C) The benefits of recreation use,
including to the local economy.</DELETED>
<DELETED> (D) The impacts of recreation use on--
</DELETED>
<DELETED> (i) natural, cultural, or other
resources; and</DELETED>
<DELETED> (ii) other authorized uses and
activities on the Federal land subject to the
land management plan.</DELETED>
<DELETED>SEC. 103. FOREST SERVICE CLIMBING GUIDANCE.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) recreational climbing in wilderness areas on
National Forest System land is being managed inconsistently;
and</DELETED>
<DELETED> (2) recreational climbing is a legitimate and
appropriate use of wilderness areas on National Forest System
land if the recreational climbing is conducted and managed in
accordance with--</DELETED>
<DELETED> (A) the Wilderness Act (16 U.S.C. 1131 et
seq.);</DELETED>
<DELETED> (B) other applicable laws (including
regulations); and</DELETED>
<DELETED> (C) any reasonable terms and conditions
that are determined to be necessary by the Secretary of
Agriculture.</DELETED>
<DELETED> (b) Climbing Guidance in Wilderness.--Not later than 18
months after the date of enactment of this Act, the Secretary of
Agriculture shall issue guidance on climbing management for National
Forest System land, including the placement, maintenance, or removal of
fixed anchors and the appropriate use of other equipment in designated
wilderness areas on National Forest System land under the Wilderness
Act (16 U.S.C. 1131 et seq.).</DELETED>
<DELETED> (c) Public Notice and Comment.--Prior to taking any
significant management action affecting recreational climbing on
National Forest System land, the Secretary of Agriculture shall provide
the public with notice and an opportunity to comment on the proposed
action.</DELETED>
<DELETED>SEC. 104. TARGET SHOOTING RANGES.</DELETED>
<DELETED> (a) Definition of Designated Shooting Range.--In this
section, the term ``designated shooting range'' means a developed and
managed area on Federal land that is designed and operated specifically
for the purposeful discharge of legal firearms, firearms training,
archery, or other associated activities.</DELETED>
<DELETED> (b) Identification of Designated Shooting Range.--
</DELETED>
<DELETED> (1) In general.--The Secretaries shall identify a
suitable location for, and construct, designated shooting
ranges on National Forest System land and public land
administered by the Bureau of Land Management for the public to
use for recreational target shooting.</DELETED>
<DELETED> (2) Minimum number of ranges.--To the maximum
extent practicable--</DELETED>
<DELETED> (A) the Secretary of Agriculture shall
ensure that each National Forest has not fewer than 1
designated shooting range; and</DELETED>
<DELETED> (B) the Secretary shall ensure each Bureau
of Land Management district has not fewer than 1
designated shooting range.</DELETED>
<DELETED> (3) Requirements.--A designated shooting range
under paragraph (1)--</DELETED>
<DELETED> (A)(i) shall be able to accommodate
rifles, pistols, and shotguns; and</DELETED>
<DELETED> (ii) may accommodate archery;</DELETED>
<DELETED> (B) shall include--</DELETED>
<DELETED> (i) significantly modified
landscapes, including berms, buffer distances,
or other public safety designs or
features;</DELETED>
<DELETED> (ii) a designated firing line;
and</DELETED>
<DELETED> (iii) benches; and</DELETED>
<DELETED> (C) may include--</DELETED>
<DELETED> (i) shade structures;</DELETED>
<DELETED> (ii) trash containers;</DELETED>
<DELETED> (iii) restrooms; and</DELETED>
<DELETED> (iv) any other features that the
Secretary concerned determines to be
necessary.</DELETED>
<DELETED> (c) Requirements.--</DELETED>
<DELETED> (1) Existing use.--The Secretaries, in cooperation
with the entities described in subsection (d), shall--
</DELETED>
<DELETED> (A) consider the proximity of areas
frequently used by recreational shooters when
identifying a suitable location for a designated
shooting range; and</DELETED>
<DELETED> (B) ensure a designated shooting range
would not impact a non-Federal target shooting range,
including a target shooting range located on private
land.</DELETED>
<DELETED> (2) Closures.--Except in emergency situations, the
Secretary concerned shall seek to ensure that a designated
shooting range, or an equivalent shooting range adjacent to a
National Forest or Bureau of Land Management district, is
available to the public prior to closing Federal land to
recreational shooting.</DELETED>
<DELETED> (d) Cooperation.--In carrying out this section, the
Secretaries shall cooperate, as applicable, with--</DELETED>
<DELETED> (1) local and Tribal governments;</DELETED>
<DELETED> (2) nonprofit organizations;</DELETED>
<DELETED> (3) State fish and wildlife agencies;</DELETED>
<DELETED> (4) shooting clubs;</DELETED>
<DELETED> (5) Federal advisory councils relating to hunting
and shooting sports;</DELETED>
<DELETED> (6) nongovernmental organizations that, as of the
date of enactment of this Act, are signatories to the
memorandum of understanding entitled ``Federal Lands Hunting,
Fishing, and Shooting Sports Roundtable Memorandum of
Understanding'' and signed by the Forest Service and the Bureau
of Land Management on August 17, 2006;</DELETED>
<DELETED> (7) individuals or entities with authorized leases
or permits in an area under consideration for a designated
shooting range; and</DELETED>
<DELETED> (8) the public.</DELETED>
<DELETED> (e) Restrictions.--</DELETED>
<DELETED> (1) In general.--The management of a designated
shooting range shall be subject to such conditions as the
Secretary concerned determines are necessary for the safe,
responsible use of--</DELETED>
<DELETED> (A) the designated shooting range;
and</DELETED>
<DELETED> (B) the adjacent resources.</DELETED>
<DELETED> (2) Fees.--The Secretary concerned may not require
a user to pay a fee to use a designated shooting range
established under this section.</DELETED>
<DELETED> (f) Annual Reports.--Not later than 1 year after the date
of enactment of this Act and annually thereafter, the Secretaries shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives
a report describing the progress made with respect to the
implementation of this section.</DELETED>
<DELETED>TITLE II--IMPROVING RECREATION OPPORTUNITIES</DELETED>
<DELETED>SEC. 201. BROADBAND INTERNET CONNECTIVITY AT RECREATION
SITES.</DELETED>
<DELETED> (a) In General.--The Secretary and the Chief of the Forest
Service shall enter into an agreement with the Administrator of the
Rural Utilities Service to install or construct broadband internet
infrastructure at recreation sites on Federal land to establish
broadband internet connectivity--</DELETED>
<DELETED> (1) subject to the availability of appropriations;
and</DELETED>
<DELETED> (2) consistent with applicable law.</DELETED>
<DELETED> (b) Identification.--Not later than 1 year after the date
of enactment of this Act, and annually thereafter, the Secretary and
the Chief of the Forest Service, in coordination with States, shall
make publically available--</DELETED>
<DELETED> (1) a list of the highest priority recreation
sites on Federal land that lack broadband internet;
and</DELETED>
<DELETED> (2) an estimate of the cost to equip each of those
sites with broadband internet infrastructure.</DELETED>
<DELETED> (c) Priorities.--In selecting recreation sites for the
list described in subsection (b)(1), the Secretary and the Chief of the
Forest Service shall give priority to recreation sites--</DELETED>
<DELETED> (1) at which broadband internet infrastructure has
not been constructed by traditional utilities due to--
</DELETED>
<DELETED> (A) geographic challenges; or</DELETED>
<DELETED> (B) the location having an insufficient
number of permanent residents, despite high seasonal or
daily visitation levels; or</DELETED>
<DELETED> (2) that are located in an economically distressed
county that could benefit significantly from developing the
outdoor recreation economy of the county.</DELETED>
<DELETED>SEC. 202. FEDERAL LAND AND AQUATIC RESOURCE ACTIVITIES
ASSISTANCE.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Aquatic nuisance species task force.--The term
``Aquatic Nuisance Species Task Force'' means the Aquatic
Nuisance Species Task Force established by section 1201(a) of
the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4721(a)).</DELETED>
<DELETED> (2) Federal land and water.--The term ``Federal
land and water'' means Federal land and water operated and
maintained by the Bureau of Land Management or the National
Park Service, as applicable.</DELETED>
<DELETED> (3) Inspection.--The term ``inspection'' means an
inspection to prevent and respond to biological invasions of an
aquatic ecosystem.</DELETED>
<DELETED> (4) Partner.--The term ``partner'' means--
</DELETED>
<DELETED> (A) a Reclamation State;</DELETED>
<DELETED> (B) an Indian Tribe in a Reclamation
State;</DELETED>
<DELETED> (C) an applicable nonprofit organization
in a Reclamation State; or</DELETED>
<DELETED> (D) a unit of local government in a
Reclamation State.</DELETED>
<DELETED> (5) Reclamation state.--</DELETED>
<DELETED> (A) In general.--The term ``Reclamation
State'' means any State in which a Bureau of
Reclamation reservoir is located.</DELETED>
<DELETED> (B) Inclusions.--The term ``Reclamation
State'' includes any of the States of--</DELETED>
<DELETED> (i) Alaska;</DELETED>
<DELETED> (ii) Arizona;</DELETED>
<DELETED> (iii) California;</DELETED>
<DELETED> (iv) Colorado;</DELETED>
<DELETED> (v) Idaho;</DELETED>
<DELETED> (vi) Kansas;</DELETED>
<DELETED> (vii) Montana;</DELETED>
<DELETED> (viii) Nebraska;</DELETED>
<DELETED> (ix) Nevada;</DELETED>
<DELETED> (x) New Mexico;</DELETED>
<DELETED> (xi) North Dakota;</DELETED>
<DELETED> (xii) Oklahoma;</DELETED>
<DELETED> (xiii) Oregon;</DELETED>
<DELETED> (xiv) South Dakota;</DELETED>
<DELETED> (xv) Texas;</DELETED>
<DELETED> (xvi) Utah;</DELETED>
<DELETED> (xvii) Washington; and</DELETED>
<DELETED> (xviii) Wyoming.</DELETED>
<DELETED> (b) Authority of Bureau of Land Management and National
Park Service With Respect to Certain Aquatic Resource Activities on
Federal Land and Water.--</DELETED>
<DELETED> (1) In general.--The Secretary may inspect and
decontaminate watercraft entering and leaving Federal land and
water located within a river basin that contains a Bureau of
Reclamation water project.</DELETED>
<DELETED> (2) Requirements.--The Secretary, acting through
the Director of the Bureau of Land Management and the Director
of the National Park Service, shall--</DELETED>
<DELETED> (A) in carrying out an inspection under
paragraph (1), coordinate with 1 or more
partners;</DELETED>
<DELETED> (B) consult with the Aquatic Nuisance
Species Task Force to identify potential improvements
in the detection and management of invasive species on
Federal land and water; and</DELETED>
<DELETED> (C) to the maximum extent practicable,
inspect watercraft in a manner that minimizes
disruptions to public access for boating and recreation
in noncontaminated watercraft.</DELETED>
<DELETED> (3) Partnerships.--The Secretary, acting through
the Director of the Bureau of Land Management and the Director
of the National Park Service, may enter into a partnership to
provide technical assistance to a partner--</DELETED>
<DELETED> (A) to carry out an inspection or
decontamination of watercraft; or</DELETED>
<DELETED> (B) to establish an inspection and
decontamination station for watercraft.</DELETED>
<DELETED> (c) Grant Program for Reclamation States for Watercraft
Inspection and Decontamination Stations.--</DELETED>
<DELETED> (1) Watercraft inspection in reclamation states.--
Subject to the availability of appropriations, the Secretary,
acting through the Commissioner of Reclamation, shall establish
a competitive grant program to provide grants to partners to
conduct inspections and decontamination of watercraft in
reservoirs operated and maintained by the Secretary, including
to purchase, establish, operate, or maintain a watercraft
inspection and decontamination station.</DELETED>
<DELETED> (2) Cost share.--The Federal share of the cost of
a grant under paragraph (1), including personnel costs, shall
not exceed 75 percent.</DELETED>
<DELETED> (3) Standards.--Before awarding a grant under
paragraph (1), the Secretary shall determine that the project
is technically and financially feasible.</DELETED>
<DELETED> (4) Coordination.--In carrying out this
subsection, the Secretary shall coordinate with--</DELETED>
<DELETED> (A) each of the Reclamation
States;</DELETED>
<DELETED> (B) affected Indian Tribes; and</DELETED>
<DELETED> (C) the Aquatic Nuisance Species Task
Force.</DELETED>
<DELETED>SEC. 203. IMPROVED RECREATION VISITATION DATA.</DELETED>
<DELETED> (a) In General.--The Secretaries shall establish a single
visitation data management and modeling system for public recreation to
provide accurate, real-time visitation data, at a site-specific level
and in a consistent manner, with respect to Federal land managed by
each of--</DELETED>
<DELETED> (1) the Chief of the Forest Service;</DELETED>
<DELETED> (2) the Director of the Bureau of Land
Management;</DELETED>
<DELETED> (3) the Director of the Bureau of Indian Affairs,
in coordination with Indian Tribes;</DELETED>
<DELETED> (4) the Director of the National Park
Service;</DELETED>
<DELETED> (5) the Director of the United States Fish and
Wildlife Service; and</DELETED>
<DELETED> (6) the Commissioner of Reclamation.</DELETED>
<DELETED> (b) Third-Party Providers and Partners.--For purposes of
carrying out this section, the Secretary concerned shall coordinate or
contract with private sector partners, including--</DELETED>
<DELETED> (1) technology companies;</DELETED>
<DELETED> (2) mapping companies;</DELETED>
<DELETED> (3) experts in data science, analytics, and
operations research; or</DELETED>
<DELETED> (4) data companies.</DELETED>
<DELETED> (c) Interface.--The Secretaries shall coordinate with
trade associations, State outdoor recreation offices, offices of
tourism, and local outdoor recreation marketing organizations to design
and deploy, for purposes of making data available under subsection (a),
the optimum user interface that balances ease of use by the public with
the available resources of the Secretaries.</DELETED>
<DELETED> (d) Smart Phone Technology.--The Secretaries and any
partner described in subsection (b) may make use of smart phone
technology for purposes of making data available under subsection
(a).</DELETED>
<DELETED> (e) Privacy Clause.--Nothing in this section provides
authority to the Secretaries--</DELETED>
<DELETED> (1) to monitor or record the movements of a
visitor to Federal land;</DELETED>
<DELETED> (2) to restrict, interfere with, or monitor a
private communication of a visitor to Federal land;</DELETED>
<DELETED> (3) to take possession of any documents, data, or
other personal effects of a visitor to Federal land;
or</DELETED>
<DELETED> (4) to collect--</DELETED>
<DELETED> (A) information from owners of land
adjacent to Federal land; or</DELETED>
<DELETED> (B) information on non-Federal
land.</DELETED>
<DELETED> (f) Categories of Use.--To the maximum extent practicable,
the Secretaries shall categorize the data collected under subsection
(a) by recreational activity.</DELETED>
<DELETED> (g) Limitation.--Information or data collected under this
section shall be limited only to actual recreation visitation
information for recreation sites managed by the Secretary
concerned.</DELETED>
<DELETED> (h) Report.--Not later than January 1, 2024, and annually
thereafter, the Secretaries shall publish on a website of the
Secretaries a report that describes the annual visitation of each unit
of Federal land, including, to the maximum extent practicable,
visitation categorized by recreational activity.</DELETED>
<DELETED>SEC. 204. TRAVEL MANAGEMENT.</DELETED>
<DELETED> (a) In General.--The Secretaries shall--</DELETED>
<DELETED> (1) prioritize finalizing travel management
planning activities of the Bureau of Land Management and the
Forest Service, as applicable, including evaluating and
designating as open, limited, or closed applicable Federal land
areas or routes, roads, trails, or staging areas on applicable
Federal land for nonmotorized or motorized use, including for
over-snow vehicles; and</DELETED>
<DELETED> (2) not later than 5 years after the date of
enactment of this Act, develop a ground transportation linear
feature or motor vehicle use map and over-snow vehicle use map
for each district administered by the Bureau of Land Management
and each unit of the National Forest System, in a printed and
publically available format that is compliant with the format
for geographic information systems.</DELETED>
<DELETED> (b) Procedures.--For purposes of meeting the requirements
of subsection (a), the Secretary concerned--</DELETED>
<DELETED> (1) may use an existing evaluation or
designation;</DELETED>
<DELETED> (2) may evaluate and alter an existing designation
for applicable Federal land areas or routes, roads, trails, or
staging areas on applicable Federal land in accordance with
applicable laws (including regulations);</DELETED>
<DELETED> (3) shall consider--</DELETED>
<DELETED> (A) the protection of the resources of the
Federal land;</DELETED>
<DELETED> (B) the promotion of the safety of the
users of the Federal land;</DELETED>
<DELETED> (C) the minimization of conflicts among
various uses of the Federal land; and</DELETED>
<DELETED> (D) other designation criteria or route
options developed by the Secretaries at the local
level, such as seasonal restrictions, temporary or
seasonal access, minimization of impacts to wildlife,
and other appropriate criteria or options;</DELETED>
<DELETED> (4) shall increase--</DELETED>
<DELETED> (A) multiple-use recreation opportunities;
and</DELETED>
<DELETED> (B) opportunities for nonmotorized and
motorized access and experiences on Federal
land;</DELETED>
<DELETED> (5) shall coordinate with States, local
governments, Indian Tribes, other stakeholders, adjoining
landowners, businesses that use the features on Federal land,
and the public; and</DELETED>
<DELETED> (6) shall update any travel management plan that
was finalized before the date that is 15 years before the date
of enactment of this Act.</DELETED>
<DELETED> (c) Rulemaking.--The Secretaries may revise existing
regulations to implement this section.</DELETED>
<DELETED> (d) Effect.--Nothing in this section limits or restricts--
</DELETED>
<DELETED> (1) emergency access use or the administrative use
of the Federal land by the Secretary concerned by motorized or
nonmotorized means, including any use or activity necessary to
carry out terms and conditions associated with an authorized
permit, lease, or contract with respect to the Federal land;
or</DELETED>
<DELETED> (2) any other motorized or nonmotorized use or
activity on the Federal land that is authorized on the
applicable Federal land, as determined by the Secretary
concerned.</DELETED>
<DELETED> (e) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretaries shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that describes the
progress of the Secretaries in carrying out this section.</DELETED>
<DELETED>TITLE III--INVESTING IN RECREATION INFRASTRUCTURE AND RURAL
COMMUNITIES</DELETED>
<DELETED>SEC. 301. GATEWAY COMMUNITIES.</DELETED>
<DELETED> (a) In General.--The Secretary of Agriculture (acting
through the Administrator of the Rural Business-Cooperative Service),
in coordination with the Secretary and the Secretary of Commerce, shall
provide to businesses in rural communities that are adjacent to
recreation destinations (including recreation destinations on Federal
land) the assistance described in subsection (b) to establish, operate,
or expand infrastructure to accommodate and manage sustainable
visitation, including hotels, campgrounds, and restaurants.</DELETED>
<DELETED> (b) Assistance.--The Secretary of Agriculture may provide
assistance under subsection (a) through the use of existing, or the
establishment of new, entrepreneur and vocational training programs,
technical assistance programs, low-interest business loan programs, and
loan guarantee programs.</DELETED>
<DELETED>SEC. 302. FOREST SERVICE CONSERVATION FINANCE
PARTNERSHIPS.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) innovative funding models are an appropriate
way to develop and maintain recreation infrastructure on
Federal land; and</DELETED>
<DELETED> (2) in carrying out this section, the Secretary of
Agriculture should build on the successes of the Baileys
Mountain Bike Trail System project on the Wayne National
Forest, which was designed specifically to make Athens County,
Ohio, a more popular recreation destination.</DELETED>
<DELETED> (b) Definitions.--In this section:</DELETED>
<DELETED> (1) Conservation partner.--The term ``conservation
partner'' means--</DELETED>
<DELETED> (A) a private nonprofit, for-profit, or
charitable entity or other person; or</DELETED>
<DELETED> (B) a unit of State, local, or Tribal
government.</DELETED>
<DELETED> (2) Independent evaluator.--The term ``independent
evaluator'' means an individual or entity, including an
institution of higher education, that is selected by the
Secretary of Agriculture, in consultation with a conservation
partner, to make the determinations and prepare the reports
required under subsection (f).</DELETED>
<DELETED> (3) Project.--The term ``project'' means 1 or more
activities conducted on National Forest System land, or on
other land if the activities would benefit National Forest
System land, to enhance a recreational opportunity for which
the Secretary of Agriculture has approved a record of decision,
decision notice, or decision memo.</DELETED>
<DELETED> (4) Project agreement.--The term ``project
agreement'' means a cooperative agreement, a mutual benefit
agreement, or a contract, as appropriate, executed by the
Secretary of Agriculture and a project broker or a conservation
partner in accordance with applicable law.</DELETED>
<DELETED> (5) Project broker.--The term ``project broker''
means a nonprofit or for-profit intermediary that assists in
establishing or implementing a project agreement.</DELETED>
<DELETED> (c) Establishment of Pilot Program.--The Secretary of
Agriculture shall establish a pilot program in accordance with this
section to carry out 1 or more projects that are financed by
conservation partners.</DELETED>
<DELETED> (d) Project Agreements.--</DELETED>
<DELETED> (1) In general.--Notwithstanding the Act of June
30, 1914 (commonly known as the ``Cooperative Funds Act'') (16
U.S.C. 498), or subtitle C of title XX of the Social Security
Act (42 U.S.C. 1397n et seq.), in carrying out the pilot
program under this section, the Secretary of Agriculture may
enter into a project agreement with a conservation partner or a
project broker under which the conservation partner or project
broker agrees to pay for all or part of a project.</DELETED>
<DELETED> (2) Term.--The term of a project agreement shall
be not longer than 20 years.</DELETED>
<DELETED> (3) Size limitation.--The Secretary of Agriculture
may not enter into a project agreement under the pilot program
under this section for a project valued at more than
$10,000,000.</DELETED>
<DELETED> (4) Structure of agreements.--Notwithstanding any
other provision of law, funds may be exchanged between non-
Federal parties under a project agreement, if--</DELETED>
<DELETED> (A) the project agreement uses an
innovative funding model, such as pay-for-performance,
or pay-for-success, under which payments are paid when
specified recreation-related outcomes are met;
and</DELETED>
<DELETED> (B) an independent evaluator determines
pursuant to subsection (f) that the outcome specified
in the project agreement has been met.</DELETED>
<DELETED> (5) Maintenance and decommissioning.--A project
agreement shall--</DELETED>
<DELETED> (A) include a plan for maintaining any
capital improvement made as part of a project after the
date on which the project is completed; and</DELETED>
<DELETED> (B) specify the party that will be
responsible for decommissioning the improvements
associated with the project--</DELETED>
<DELETED> (i) at the end of the useful life
of the improvements; or</DELETED>
<DELETED> (ii) if the project
fails.</DELETED>
<DELETED> (6) Eligible payments.--Under a project agreement,
a conservation partner, a project broker, or the Secretary of
Agriculture shall agree to pay to the other party to the
project agreement any of the following:</DELETED>
<DELETED> (A) A percentage of the estimated value of
the outcomes achieved by the applicable
project.</DELETED>
<DELETED> (B) A percentage of the estimated cost
savings to the conservation partner or the Secretary of
Agriculture as a result of the project.</DELETED>
<DELETED> (C) A percentage of the enhanced revenue
to the conservation partner or the Secretary of
Agriculture as a result of the project.</DELETED>
<DELETED> (D) The cost of the project.</DELETED>
<DELETED> (7) Cost-share.--Subject to the availability of
appropriations, the Secretary of Agriculture may only
contribute funding for a project if--</DELETED>
<DELETED> (A) the Secretary of Agriculture
demonstrates the project will provide a cost savings to
the United States; and</DELETED>
<DELETED> (B) the contribution of the Secretary of
Agriculture is in an amount equal to less than 50
percent of the total cost of the project.</DELETED>
<DELETED> (8) Consultants.--Subject to the availability of
appropriations, the Secretary of Agriculture may hire a
contractor--</DELETED>
<DELETED> (A) to conduct a feasibility analysis of a
proposed project; or</DELETED>
<DELETED> (B) to assist in the formation or
evaluation of a proposed project.</DELETED>
<DELETED> (e) Projects.--</DELETED>
<DELETED> (1) In general.--All or any portion of a project
may be implemented by--</DELETED>
<DELETED> (A) the Secretary of Agriculture;
or</DELETED>
<DELETED> (B) a conservation partner or third party,
subject to the conditions that--</DELETED>
<DELETED> (i) the Secretary of Agriculture
shall approve the implementation by the
conservation partner or third party;
and</DELETED>
<DELETED> (ii) the implementation shall be
in accordance with applicable law.</DELETED>
<DELETED> (2) Relation to land and resource management
plans.--A project carried out under this section shall be
consistent with any applicable land and resource management
plan developed under section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604).</DELETED>
<DELETED> (3) Ownership.--</DELETED>
<DELETED> (A) In general.--Each project shall be
vested to the United States.</DELETED>
<DELETED> (B) Treatment.--The carrying out of any
action for a project does not provide any right to any
party to a project agreement.</DELETED>
<DELETED> (4) Potential conflicts.--Before approving a
project under this section, the Secretary of Agriculture shall
consider and seek to avoid potential conflicts (including
economic competition) with an existing authorization.</DELETED>
<DELETED> (f) Independent Evaluations.--</DELETED>
<DELETED> (1) Progress reports.--An independent evaluator
shall submit to the Secretary of Agriculture and each party to
the relevant project agreement a written report--</DELETED>
<DELETED> (A) by not later than 2 years after the
date on which a project agreement is executed, and not
less frequently than once every 2 years thereafter,
summarizing the progress that has been made in
achieving each outcome specified in the project
agreement; and</DELETED>
<DELETED> (B) before the first scheduled outcome
payment date, and each subsequent payment date,
summarizing the results of the evaluation conducted to
determine whether an outcome payment should be made,
together with information relating to the factors
contributing to the conservation partner achieving, or
failing to achieve, an outcome.</DELETED>
<DELETED> (2) Final report.--Not later than 180 days after
the date on which a project is completed, the applicable
independent evaluator shall submit to the Secretary of
Agriculture and each party to the relevant project agreement a
written report that includes--</DELETED>
<DELETED> (A) an evaluation of the effects of the
project with respect to each outcome specified in the
project agreement; and</DELETED>
<DELETED> (B) a determination of whether the
conservation partner has met each outcome specified in
the project agreement.</DELETED>
<DELETED> (g) Termination of Project Agreements.--The Secretary of
Agriculture may unilaterally terminate a project agreement, in whole or
in part, for any program year beginning after the program year during
which the Secretary of Agriculture provides to each party to the
project agreement a notice of the termination.</DELETED>
<DELETED> (h) Duration of Pilot Program.--</DELETED>
<DELETED> (1) Sunset.--The authority to enter into project
agreements under this section terminates on September 30,
2032.</DELETED>
<DELETED> (2) Savings clause.--Nothing in paragraph (1)
affects any project agreement entered into by the Secretary of
Agriculture pursuant to this section before the date described
in that paragraph.</DELETED>
<DELETED>SEC. 303. AVAILABILITY OF FEDERAL LAND INFRASTRUCTURE DURING
SHOULDER SEASONS.</DELETED>
<DELETED> (a) Coordination.--The Secretaries shall consult and
coordinate with outdoor recreation-related businesses operating on or
adjacent to Federal land, State offices of outdoor recreation, local
destination marketing organizations, Indian Tribes, local governments,
and institutions of higher education--</DELETED>
<DELETED> (1) to better understand trends with respect to
visitors to the Federal land;</DELETED>
<DELETED> (2) to coordinate with outdoor recreation
marketing campaigns; and</DELETED>
<DELETED> (3) to better understand--</DELETED>
<DELETED> (A) the effect of seasonal closures of
areas of, or infrastructure on, Federal land on outdoor
recreation opportunities, adjacent businesses, and
local tax revenue; and</DELETED>
<DELETED> (B) opportunities to extend the period of
time during which areas of, or infrastructure on,
Federal land are open to the public to increase outdoor
recreation opportunities and associated revenues for
businesses and local governments.</DELETED>
<DELETED> (b) Availability of Infrastructure.--The Secretaries shall
make efforts to make infrastructure available to accommodate increased
visitation to the Federal land during shoulder seasons--</DELETED>
<DELETED> (1) to extend the outdoor recreation season and
the duration of income to gateway communities; and</DELETED>
<DELETED> (2) to provide more opportunities to visit
resources on Federal land to reduce crowding during peak
seasons.</DELETED>
<DELETED> (c) Agreements.--</DELETED>
<DELETED> (1) In general.--The Secretaries may enter into
agreements with businesses, local governments, or other
entities to share the cost of additional expenses necessary to
extend the period of time during which an area of, or
infrastructure on, Federal land is made open to the
public.</DELETED>
<DELETED> (2) In-kind contributions.--The Secretaries may
accept in-kind contributions of goods and services provided by
businesses, local governments, or other entities for purposes
of paragraph (1).</DELETED>
<DELETED>SEC. 304. PUBLIC-PRIVATE PARTNERSHIPS TO MODERNIZE CAMPGROUNDS
ON FEDERAL LAND.</DELETED>
<DELETED> (a) In General.--The Secretaries shall establish a pilot
program under which the Secretary concerned may enter into an agreement
with a private entity providing for capital improvements (including the
construction of structures and improvements), management, and
maintenance by the private entity of a campground, in existence on the
date of enactment of this Act, on Federal land, subject to the
requirements of this section.</DELETED>
<DELETED> (b) Minimum Number of Agreements.--Not later than 3 years
after the date of enactment of this Act, the Secretary concerned shall
enter into at least 1 agreement under subsection (a) in--</DELETED>
<DELETED> (1) a unit of the National Forest System in each
region of the National Forest System; and</DELETED>
<DELETED> (2) Federal land administered by the Bureau of
Land Management in not fewer than 5 States in which the Bureau
of Land Management administers Federal land.</DELETED>
<DELETED> (c) Requirements.--</DELETED>
<DELETED> (1) Plans.--Before entering into an agreement
under subsection (a), the private entity shall submit to the
Secretary concerned a development plan that--</DELETED>
<DELETED> (A) describes investments in the
campground to be made by the private entity during the
first 3 years of the agreement;</DELETED>
<DELETED> (B) describes annual maintenance spending
for each year of the agreement; and</DELETED>
<DELETED> (C) includes any other terms and
conditions determined to be necessary by the Secretary
concerned.</DELETED>
<DELETED> (2) Agreements.--An agreement entered into under
subsection (a) shall--</DELETED>
<DELETED> (A) be for a term of not more than 30
years;</DELETED>
<DELETED> (B) require that, not later than 3 years
after the date on which the Secretary concerned enters
into an agreement the private entity expend, or place
in an escrow account for expenditure, for the
construction or improvement of structures and
infrastructure relating to the operation of, or access
to, the applicable campground, not less than
$2,000,000, or a specified percentage, as determined by
the Secretary concerned, of the anticipated receipts
for the period of the agreement;</DELETED>
<DELETED> (C) require the private entity to maintain
the campground facility and any associated
infrastructure designated by the Secretary concerned in
a manner acceptable to the Secretary concerned and the
private entity;</DELETED>
<DELETED> (D) include any terms and conditions that
the Secretary concerned determines to be necessary for
a recreational special use permit issued under section
7 of the Act of April 24, 1950 (commonly known as the
``Granger-Thye Act'') (64 Stat. 84, chapter 97; 16
U.S.C. 580d), including the payment described in
subparagraph (E);</DELETED>
<DELETED> (E) provide for payment to the Federal
Government of a fee consistent with a special use
permit under section 7 of the Act of April 24, 1950
(commonly known as the ``Granger-Thye Act'') (64 Stat.
84, chapter 97; 16 U.S.C. 580d), including a fee offset
agreement for work to be performed that is separate
from maintaining the campground facility and any
associated infrastructure designated by the Secretary
concerned, if determined to be appropriate by the
Secretary concerned, on consideration of the probable
value to the private entity of the rights provided by
the agreement, taking into account the capital invested
by, and obligations of, the private entity under the
agreement;</DELETED>
<DELETED> (F) include provisions that state--
</DELETED>
<DELETED> (i) the private entity shall
obtain no property interest pursuant to the
expenditures of the private entity, as required
by the agreement; and</DELETED>
<DELETED> (ii) all structures and
improvements constructed by the private entity
under the agreement shall be the property of
the United States; and</DELETED>
<DELETED> (G) be subject to any other terms and
conditions determined to be necessary by the Secretary
concerned.</DELETED>
<DELETED> (d) Fee Retention.--A fee or revenue shared with the
Secretary concerned under an agreement authorized by this section shall
be available for expenditure by the Secretary concerned for recreation-
related purposes on the unit of Federal land at which the fee or
revenue is collected, without further appropriation.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America's Outdoor
Recreation Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE
Subtitle A--Declaration of Policy
Sec. 111. Congressional declaration of policy.
Subtitle B--Public Recreation on Federal Recreational Lands and Waters
Sec. 121. Biking on long-distance bike trails.
Sec. 122. Forest Service climbing guidance.
Sec. 123. Designated target shooting ranges.
Subtitle C--Improving Recreation Infrastructure
Sec. 131. Broadband internet connectivity at developed recreation
sites.
Sec. 132. Extension of seasonal recreation opportunities.
Sec. 133. Gateway communities.
Sec. 134. Parking opportunities for Federal recreational lands and
waters.
Sec. 135. Travel management.
Sec. 136. Public-private partnerships to modernize federally-owned
campgrounds, resorts, cabins, and visitor
centers on Federal recreational lands and
waters.
Sec. 137. Forest Service pay-for-performance projects.
Subtitle D--Engagement
Sec. 141. Identifying opportunities for recreation.
Sec. 142. Federal Interagency Council on Outdoor Recreation.
Sec. 143. Informing the public of access closures.
Sec. 144. Improved recreation visitation data.
Sec. 145. Monitoring for improved recreation decisionmaking.
Sec. 146. Access for servicemembers and veterans.
Sec. 147. Increasing youth recreation visits to Federal land.
TITLE II--AMENDMENTS TO THE FEDERAL LANDS RECREATION ENHANCEMENT ACT
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Special recreation permits and fees.
Sec. 204. Online collection of certain recreation fees.
Sec. 205. Online purchases and establishment of a digital version of
America the Beautiful--the National Parks
and Federal Recreational Lands Passes.
Sec. 206. Availability of Federal, State, and local recreation passes.
Sec. 207. Use of special recreation permit fee revenue.
Sec. 208. Permanent authorization.
TITLE III--SPECIAL RECREATION PERMITS FOR OUTFITTING AND GUIDING
Subtitle A--Administration of Special Recreation Permits for Outfitting
and Guiding
Sec. 311. Permit administration.
Sec. 312. Forest Service and Bureau of Land Management transitional
special recreation permits for outfitting
and guiding.
Sec. 313. Surrender of unused visitor-use days.
Sec. 314. Permit reviews.
Sec. 315. Adjustment of allocated visitor-use days.
Subtitle B--Additional Provisions Relating to Special Recreation
Permits
Sec. 321. Permitting process improvements.
Sec. 322. Service First Initiative and multijurisdictional trips.
Sec. 323. Permit flexibility.
Sec. 324. Liability.
Sec. 325. Cost recovery reform.
Sec. 326. Permit relief for picnic areas.
Sec. 327. Interagency report on special recreation permits for
underserved communities.
Subtitle C--Effect
Sec. 331. Effect.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Filming and still photography within the National Park System
and on other Federal land.
Sec. 402. Volunteer enhancement program.
Sec. 403. Cape and antler preservation enhancement.
Sec. 404. Federal land and water aquatic resource activities
assistance.
Sec. 405. Amendments to the Modernizing Access to Our Public Land Act.
Sec. 406. Outdoor Recreation Legacy Partnership Program.
Sec. 407. Recreation budget crosscut.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commercial use authorization.--The term ``commercial
use authorization'' means a commercial use authorization to
provide services to visitors to units of the National Park
System under subchapter II of chapter 1019 of title 54, United
States Code.
(2) Federal land management agency.--The term ``Federal
land management agency'' has the meaning given the term in
section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801).
(3) Federal recreational lands and waters.--The term
``Federal recreational lands and waters'' has the meaning given
the term in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801).
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Recreation service provider.--The term ``recreation
service provider'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801) (as amended by section 202(9)).
(6) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; or
(B) the Secretary of Agriculture, with respect to
land managed by the Forest Service.
(9) Special recreation permit.--The term ``special
recreation permit'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801) (as amended by section 202(10)).
(10) Visitor-use day.--The term ``visitor-use day'' means a
visitor-use day, user day, launch, or other metric used by the
Secretary concerned for purposes of authorizing use under a
special recreation permit.
TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE
Subtitle A--Declaration of Policy
SEC. 111. CONGRESSIONAL DECLARATION OF POLICY.
Congress declares that it is the policy of the Federal Government
to foster and encourage recreation on Federal recreational lands and
waters, to the extent consistent with the laws applicable to specific
areas of Federal recreational lands and waters, including multiple-use
mandates and land management planning requirements.
Subtitle B--Public Recreation on Federal Recreational Lands and Waters
SEC. 121. BIKING ON LONG-DISTANCE BIKE TRAILS.
(a) Definition of Long-distance Bike Trail.--In this section, the
term ``long-distance bike trail'' means a continuous route, consisting
of 1 or more trails or rights-of-way, that--
(1) is not less than a total of 80 miles in length on
Federal recreational lands and waters;
(2) to the maximum extent practicable, makes use of
existing trails;
(3) is composed generally of a consistent type of trail;
(4) may be used for mountain biking, bikepacking, road
biking, bicycle touring, or gravel biking; and
(5) may include short connections by way of a road or
highway.
(b) Long-distance Bike Trails on Federal Recreational Lands and
Waters.--
(1) Identification of long-distance bike trails.--Subject
to paragraph (2), the Secretaries shall--
(A) identify not fewer than 10 long-distance bike
trails, consistent with management requirements for the
Federal recreational lands and waters identified, that
make use of trails and roads in existence on the date
of enactment of this Act; and
(B)(i) identify not fewer than 10 areas in which
there is an opportunity to develop or complete long-
distance bike trails, consistent with the management
requirements for the Federal recreational lands and
waters identified;
(ii) coordinate with stakeholders on the
feasibility of, and identifying any resources necessary
for, completing the development of the trails
identified under clause (i); and
(iii) incorporate existing applicable research and
planning decisions in carrying out this section.
(2) Conflict avoidance with other uses.--Before identifying
a trail or road as a long-distance bike trail under paragraph
(1), the Secretary concerned shall ensure that the
identification of the long-distance bike trail would not
conflict with an existing use of the trail or road, including
horseback riding or use by pack and saddle stock.
(3) Maps, signage, and promotional materials.--For any
long-distance bike trail identified under paragraph (1), the
Secretary concerned may publish and distribute maps, install
signage, and issue promotional materials.
(4) Geographic representation.--To the extent practicable,
the Secretary concerned shall seek to identify long-distance
bike trails and areas for the development or completion of
long-distance bike trails under paragraph (1) in a
geographically equitable manner.
(5) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretaries, in partnership with
interested organizations, shall prepare and publish a report
that lists the long-distance bike trails identified under
paragraph (1).
SEC. 122. FOREST SERVICE CLIMBING GUIDANCE.
(a) Climbing Guidance in Wilderness.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary of Agriculture shall issue
guidance on climbing management in designated wilderness areas
on National Forest System land that recognizes the
appropriateness of the allowable activities described in
paragraph (2) in the designated wilderness areas, if the
allowable activities are undertaken in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) other applicable laws (including regulations);
and
(C) any terms and conditions that are determined to
be necessary by the Secretary of Agriculture.
(2) Allowable activities.--The allowable activities
referred to in paragraph (1) are--
(A) recreational climbing;
(B) the placement, use, and maintenance of fixed
anchors; and
(C) the use of other equipment necessary for
recreational climbing.
(b) Public Notice and Comment.--Prior to taking any significant
management action affecting the allowable activities described in
subsection (a)(2) on National Forest System land, the Secretary of
Agriculture shall provide the public with notice and an opportunity to
comment on the proposed action.
SEC. 123. DESIGNATED TARGET SHOOTING RANGES.
(a) Definition of Designated Target Shooting Range.--In this
section, the term ``designated target shooting range'' means a
developed and managed area that is designed and operated by the Forest
Service or the Bureau of Land Management specifically for the
purposeful discharge of legal firearms, firearms training, archery, or
other associated activities.
(b) Identification of Designated Target Shooting Ranges.--
(1) In general.--The Secretaries shall identify a suitable
location for, and construct, designated target shooting ranges
on Federal recreational lands and waters administered by the
Chief of the Forest Service and Federal recreational lands and
waters administered by the Director of the Bureau of Land
Management for the public to use for recreational target
shooting.
(2) Minimum number of designated target shooting ranges.--
To the maximum extent practicable and where the Secretary
concerned determines that the use is consistent with applicable
law and the applicable land use plan--
(A) the Secretary of Agriculture shall ensure that
each National Forest has not fewer than 1 designated
target shooting range; and
(B) the Secretary shall ensure each Bureau of Land
Management district has not fewer than 1 designated
target shooting range.
(3) Requirements.--A designated target shooting range under
paragraph (1)--
(A)(i) shall be able to accommodate rifles,
pistols, and shotguns; and
(ii) may accommodate archery;
(B) shall include--
(i) significantly modified landscapes,
including berms, buffer distances, or other
public safety designs or features;
(ii) a designated firing line; and
(iii) benches; and
(C) may include--
(i) shade structures;
(ii) trash containers;
(iii) restrooms; and
(iv) any other features that the Secretary
concerned determines to be necessary.
(c) Requirements.--
(1) Existing use.--The Secretaries, in cooperation with the
entities described in subsection (d), shall--
(A) consider the proximity of areas frequently used
by recreational shooters when identifying a suitable
location for a designated target shooting range; and
(B) ensure a designated target shooting range would
not impact a target shooting range operated or
maintained by a non-Federal entity, including a target
shooting range located on private land.
(2) Closures.--Except in emergency situations, the
Secretary concerned shall seek to ensure that a designated
target shooting range, or an equivalent shooting range adjacent
to a National Forest or Bureau of Land Management district, is
available to the public prior to closing Federal recreational
lands and waters administered by the Chief of the Forest
Service or the Director of the Bureau of Land Management to
recreational shooting, in accordance with section 4103 of the
John D. Dingell, Jr. Conservation, Management, and Recreation
Act (16 U.S.C. 7913).
(d) Consultations.--
(1) In general.--In carrying out this section, the
Secretaries shall consult, as applicable, with--
(A) local and Tribal governments;
(B) nonprofit or nongovernmental organizations,
including organizations that are signatories to the
memorandum of understanding entitled ``Federal Lands
Hunting, Fishing, and Shooting Sports Roundtable
Memorandum of Understanding'' and signed by the Forest
Service and the Bureau of Land Management on August 17,
2006;
(C) State fish and wildlife agencies;
(D) shooting clubs;
(E) Federal advisory councils relating to hunting
and shooting sports;
(F) individuals or entities with authorized leases
or permits in an area under consideration for a
designated target shooting range;
(G) State and local offices of outdoor recreation;
and
(H) the public.
(2) Partnerships.--The Secretaries may--
(A) coordinate with an entity described in
paragraph (1) to assist with the construction,
operation, and maintenance of a designated target
shooting range; and
(B) explore opportunities to leverage funding to
maximize non-Federal investment in the construction,
operation, and maintenance of a designated target
shooting range.
(3) Recreation and public purposes act.--The Secretary
concerned may consider a designated target shooting range that
is located on land transferred pursuant to the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes
Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.) as a
designated target shooting range on Federal recreational lands
and waters administered by the Chief of the Forest Service or
the Director of the Bureau of Land Management for the purposes
of subsection (b)(2).
(e) Restrictions.--
(1) In general.--The management of a designated target
shooting range shall be subject to such conditions as the
Secretary concerned determines are necessary for the safe,
responsible use of--
(A) the designated target shooting range; and
(B) the adjacent resources.
(2) Fees.--The Secretary concerned may not require a user
to pay a fee to use a designated target shooting range
established under this section.
(f) Applicability.--
(1) In general.--This section (including the restriction
under subsection (e)(2)), shall only apply only to the minimum
number of designated target shooting ranges at each National
Forest or Bureau of Land Management district established under
subsection (b)(2).
(2) Additional designated target shooting ranges.--In the
case of a National Forest or a Bureau of Land Management
district that has more than the minimum number of designated
target shooting ranges required under subsection (b)(2), any
designated target shooting range at the National Forest or
Bureau of Land Management district, as applicable, that exceeds
the minimum number may, but is not required to, comply with
this section.
(g) Annual Reports.--Not later than 1 year after the date of
enactment of this Act and annually thereafter through fiscal year 2032,
the Secretaries shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of the
House of Representatives a report describing the progress made with
respect to the implementation of this section.
Subtitle C--Improving Recreation Infrastructure
SEC. 131. BROADBAND INTERNET CONNECTIVITY AT DEVELOPED RECREATION
SITES.
(a) In General.--The Secretary and the Chief of the Forest Service
shall enter into an agreement with the Administrator of the Rural
Utilities Service to foster the installation or construction of
broadband internet infrastructure at developed recreation sites on
Federal recreational lands and waters to establish broadband internet
connectivity--
(1) subject to the availability of appropriations; and
(2) in accordance with applicable law.
(b) Identification.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter through fiscal year
2032, the Secretary and the Chief of the Forest Service, in
coordination with States and local communities, shall make publicly
available--
(1) a list of the highest priority developed recreation
sites, as determined under subsection (c), on Federal
recreational lands and waters that lack broadband internet; and
(2) an estimate of the cost to equip each of those sites
with broadband internet infrastructure.
(c) Priorities.--In selecting developed recreation sites for the
list described in subsection (b)(1), the Secretary and the Chief of the
Forest Service shall give priority to developed recreation sites--
(1) at which broadband internet infrastructure has not been
constructed due to--
(A) geographic challenges; or
(B) the location having an insufficient number of
nearby permanent residents, despite high seasonal or
daily visitation levels; or
(2) that are located in an economically distressed county
that could benefit significantly from developing the outdoor
recreation economy of the county.
SEC. 132. EXTENSION OF SEASONAL RECREATION OPPORTUNITIES.
(a) Definition of Seasonal Closure.--In this section, the term
``seasonal closure'' means any period during which--
(1) a unit of Federal recreational lands and waters, or a
portion of a unit of Federal recreational lands and waters, is
closed to the public for a continuous period of not less than
30 days; and
(2) permitted or allowable recreational activities, which
provide an economic benefit, including off-season or winter-
season tourism, are not taking place at--
(A) the unit of Federal recreational lands and
waters; or
(B) a portion of a unit of Federal recreational
lands and waters.
(b) Coordination.--The Secretaries shall consult and coordinate
with multiple outdoor recreation-related businesses operating on or
adjacent to a unit of Federal recreational lands and waters, State
offices of outdoor recreation, local destination marketing
organizations, applicable trade organizations, nonprofit organizations,
Indian Tribes, local governments, and institutions of higher
education--
(1) to better understand trends with respect to visitors to
the unit of Federal recreational lands and waters;
(2) to solicit input from, and provide information for,
outdoor recreation marketing campaigns; and
(3) to better understand--
(A) the effect of seasonal closures of areas of, or
infrastructure on, units of Federal recreational lands
and waters on outdoor recreation opportunities,
adjacent businesses, and local tax revenue; and
(B) opportunities to extend the period of time
during which areas of, or infrastructure on, units of
Federal recreational lands and waters are open to the
public to increase outdoor recreation opportunities and
associated revenues for businesses and local
governments.
(c) Availability of Infrastructure.--
(1) In general.--The Secretaries shall make efforts to make
infrastructure available to accommodate increased visitation to
units of Federal recreational lands and waters during periods
that are at or before the beginning or at or after the end of
traditional seasonal closures--
(A) to extend the outdoor recreation season and the
duration of income to gateway communities; and
(B) to provide more opportunities to visit
resources on units of Federal recreational lands and
waters to reduce crowding during peak seasons.
(2) Inclusions.--Efforts described in paragraph (1) may
include--
(A) the addition of a facility at the unit of
Federal recreational lands and waters; or
(B) the improvement of access to or on the unit of
Federal recreational lands and waters.
(d) Agreements.--
(1) In general.--The Secretaries may enter into agreements
with businesses, local governments, or other entities to share
the cost of additional expenses necessary to extend the period
of time during which an area of, or infrastructure on, a unit
of Federal recreational lands and waters is made open to the
public.
(2) In-kind contributions.--The Secretaries may accept in-
kind contributions of goods and services provided by
businesses, local governments, or other entities for purposes
of paragraph (1).
SEC. 133. GATEWAY COMMUNITIES.
(a) Definition of Gateway Community.--In this section, the term
``gateway community'' means a community that serves as an entry point
or is adjacent to a recreation destination on Federal recreational
lands and waters or non-Federal land at which there is consistently
high, in the determination of the Secretaries, seasonal or year-round
visitation.
(b) Assessment of Impacts and Needs in Gateway Communities.--Using
existing funds available to the Secretaries, the Secretaries--
(1) shall collaborate with State and local governments,
Indian Tribes, housing authorities, applicable trade
associations, nonprofit organizations, and other relevant
stakeholders to identify needs and economic impacts in gateway
communities, including--
(A) housing shortages;
(B) demands on existing municipal infrastructure;
(C) accommodation and management of sustainable
visitation; and
(D) the expansion and diversification of visitor
experiences by bolstering the visitation at--
(i) underutilized locations, as identified
under section 141(c)(1)(B), on nearby Federal
recreational lands and waters; or
(ii) lesser-known recreation sites, as
identified under section 144(b)(1)(B), on
nearby land managed by a State agency or a
local agency; and
(2) may address a need identified under paragraph (1) by--
(A) providing financial or technical assistance to
a gateway community under an existing program;
(B) entering into a lease, right-of-way, or
easement, in accordance with applicable laws; or
(C) issuing an entity referred to in paragraph (1)
a special use permit (other than a special recreation
permit), in accordance with applicable laws.
(c) Technical and Financial Assistance to Businesses.--
(1) In general.--The Secretary of Agriculture (acting
through the Administrator of the Rural Business-Cooperative
Service), in coordination with the Secretary and the Secretary
of Commerce, shall provide to businesses in gateway communities
the assistance described in paragraph (2) to establish,
operate, or expand infrastructure to accommodate and manage
sustainable visitation, including hotels, campgrounds, and
restaurants.
(2) Assistance.--The Secretary of Agriculture may provide
assistance under paragraph (1) through the use of existing, or
the establishment of new, entrepreneur and vocational training
programs, technical assistance programs, low-interest business
loan programs, and loan guarantee programs.
(d) Partnerships.--In carrying out this section, the Secretaries
may, in accordance with applicable laws, enter into a public-private
partnership, cooperative agreement, memorandum of understanding, or
similar agreement with a gateway community or a business in a gateway
community.
SEC. 134. PARKING OPPORTUNITIES FOR FEDERAL RECREATIONAL LANDS AND
WATERS.
(a) In General.--The Secretaries shall seek to increase parking
opportunities for persons recreating on Federal recreational lands and
waters--
(1) in accordance with existing laws; and
(2) in a manner that does not increase maintenance
obligations on Federal recreational lands and waters.
(b) Authority.--To supplement the quantity of parking spaces
available at units of Federal recreational lands and waters on the date
of enactment of this Act, the Secretaries may--
(1) enter into a public-private partnership for parking
opportunities on non-Federal land;
(2) lease non-Federal land for parking opportunities; or
(3) provide alternative transportation systems for a unit
of Federal recreational lands and waters.
SEC. 135. TRAVEL MANAGEMENT.
(a) Travel Management Plans.--The Secretary concerned shall seek to
have, not later than 5 years after the date of enactment of this Act,
in a printed and publicly available format that is compliant with the
format for geographic information systems--
(1) for each district administered by the Director of the
Bureau of Land Management, a ground transportation linear
feature; and
(2) for each unit of the National Forest System, a motor
vehicle use map.
(b) Over-snow Vehicle-use Maps.--The Secretary concerned shall seek
to have, not later than 10 years after the date of enactment of this
Act, in a printed and publicly available format that is compliant with
the format for geographic information systems, an over-snow vehicle use
map for each unit of Federal recreational lands and waters administered
by the Chief of the Forest Service or Director of the Bureau of Land
Management that has adequate snowfall for over-snow vehicle use to
occur.
(c) Out-of-date Plans and Maps.--Not later than 20 years after the
date on which the Secretary concerned adopted or reviewed, through
public notice and comment, a travel management plan or map described in
subsection (a) or (b), the Secretary concerned shall review, through
public notice and comment, and update, as necessary, the applicable
travel management plan or map.
(d) Motorized and Nonmotorized Access.--The Secretaries shall seek
to create additional opportunities, as appropriate, for motorized and
nonmotorized access and experiences on Federal recreational lands and
waters administered by the Chief of the Forest Service or the Director
of the Bureau of Land Management.
SEC. 136. PUBLIC-PRIVATE PARTNERSHIPS TO MODERNIZE FEDERALLY-OWNED
CAMPGROUNDS, RESORTS, CABINS, AND VISITOR CENTERS ON
FEDERAL RECREATIONAL LANDS AND WATERS.
(a) In General.--The Secretaries shall establish a pilot program
under which the Secretary concerned may enter into an agreement with or
issue a land use authorization to a private entity that provides for
the private entity to make capital improvements (including the
construction of structures and improvements) to, and to operate and
maintain, a federally-owned campground, resort, cabin, or visitor
center in existence on the date of enactment of this Act on Federal
recreational lands and waters administered by the Chief of the Forest
Service or Director of the Bureau of Land Management, subject to the
requirements of this section, regardless of whether the private entity
holds, on the date of enactment of this Act, an authorization to be a
concessionaire for the relevant campground, resort, cabin, or visitor
center.
(b) Minimum Number of Agreements or Land Use Authorizations.--Not
later than 3 years after the date of enactment of this Act, the
Secretary concerned, with the consent of an affected holder of an
authorization to be a concessionaire for the campground, resort, cabin,
or visitor center, if applicable, shall enter into at least 1 agreement
or land use authorization under subsection (a) in--
(1) a unit of the National Forest System in each region of
the National Forest System; and
(2) Federal recreational lands and waters administered by
the Director of the Bureau of Land Management in not fewer than
5 States in which the Bureau of Land Management administers
Federal recreational lands and waters.
(c) Requirements.--
(1) Development plans.--Before entering into an agreement
or issuing a land use authorization under subsection (a), the
private entity shall submit to the Secretary concerned a
development plan that--
(A) describes investments in the campground,
resort, cabin, or visitor center to be made by the
private entity during the first 3 years of the
agreement or land use authorization;
(B) describes annual maintenance spending for each
year of the agreement or land use authorization; and
(C) includes any other terms and conditions
determined to be necessary by the Secretary concerned.
(2) Agreements and land use authorizations.--An agreement
entered into or land use authorization issued under subsection
(a) shall--
(A) be for a term of not more than 30 years,
commensurate with the level of investment;
(B) require that, not later than 3 years after the
date on which the Secretary concerned enters into an
agreement or issues a land use authorization, the
private entity expend, or place in an escrow account
for expenditure, for the construction or improvement of
structures and infrastructure relating to the operation
of, or access to, the applicable campground, resort,
cabin, or visitor center, an amount or a specified
percentage, as determined by the Secretary concerned,
of the anticipated receipts for the term of the
agreement or land use authorization, which shall be an
amount not less than $2,000,000;
(C) require the private entity to maintain the
campground facility, resort, cabin, or visitor center
and any associated infrastructure designated by the
Secretary concerned in a manner acceptable to the
Secretary concerned and the private entity;
(D) include any terms and conditions that the
Secretary concerned determines to be necessary for a
special use permit issued under section 7 of the Act of
April 24, 1950 (commonly known as the ``Granger-Thye
Act'') (64 Stat. 84, chapter 97; 16 U.S.C. 580d),
including the payment described in subparagraph (E) or
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), as applicable;
(E) provide for payment to the Federal Government
of a fee or a sharing of revenue--
(i) consistent with--
(I) the land use fee for a special
use permit authorized under section 7
of the Act of April 24, 1950 (commonly
known as the ``Granger-Thye Act'') (64
Stat. 84, chapter 97; 16 U.S.C. 580d);
or
(II) the value to the private
entity of the rights provided by the
agreement or land use authorization,
taking into account the capital
invested by, and obligations of, the
private entity under the agreement or
land use authorization; and
(ii) all or part of which may be offset by
the work to be performed at the expense of the
private entity that is separate from the
routine costs of operating and maintaining the
campground facility, resort, cabin, or visitor
center and any associated infrastructure
designated by the Secretary concerned, as
determined to be appropriate by the Secretary
concerned;
(F) include provisions that state--
(i) the private entity shall obtain no
property interest pursuant to the expenditures
of the private entity, as required by the
agreement or land use authorization; and
(ii) all structures and improvements
constructed by the private entity under the
agreement or land use authorization on land
owned by the United States shall be the
property of the United States; and
(G) be subject to any other terms and conditions
determined to be necessary by the Secretary concerned.
(d) Land Use Fee Retention.--A land use fee paid or revenue shared
with the Secretary concerned under an agreement or land use
authorization authorized under this section shall be available for
expenditure by the Secretary concerned for recreation-related purposes
on the unit of Federal recreational lands and waters at which the land
use fee or revenue is collected, without further appropriation.
SEC. 137. FOREST SERVICE PAY-FOR-PERFORMANCE PROJECTS.
(a) Definitions.--In this section:
(1) Independent evaluator.--The term ``independent
evaluator'' means an individual or entity, including an
institution of higher education, that is selected by the pay-
for-performance beneficiary and pay-for-performance investor,
as applicable, or by the pay-for-performance project developer,
in consultation with the Secretary of Agriculture, to make the
determinations and prepare the reports required under
subsection (e).
(2) National forest system land.--The term ``National
Forest System land'' means land in the National Forest System
(as defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
(3) Pay-for-performance agreement.--The term ``pay-for-
performance agreement'' means a mutual benefit agreement
(excluding a procurement contract, grant agreement, or
cooperative agreement described in chapter 63 of title 31,
United States Code) for a pay-for-performance project--
(A) with a term of--
(i) not less than 1 year; and
(ii) not more than 20 years; and
(B) that is executed, in accordance with applicable
law, by--
(i) the Secretary of Agriculture; and
(ii) a pay-for-performance beneficiary or
pay-for-performance project developer.
(4) Pay-for-performance beneficiary.--The term ``pay-for-
performance beneficiary'' means a State or local government, an
Indian Tribe, or a nonprofit or for-profit organization that--
(A) repays capital loaned upfront by a pay-for-
performance investor, based on a project outcome
specified in a pay-for-performance agreement; or
(B) provides capital directly for costs associated
with a pay-for-performance project.
(5) Pay-for-performance investor.--The term ``pay-for-
performance investor'' means a State or local government, an
Indian Tribe, or a nonprofit or for-profit organization that
provides upfront loaned capital for a pay-for-performance
project with the expectation of a financial return dependent on
a project outcome.
(6) Pay-for-performance project.--The term ``pay-for-
performance project'' means a project that--
(A) would provide or enhance a recreational
opportunity;
(B) is conducted on--
(i) National Forest System land; or
(ii) other land, if the activities would
benefit National Forest System land (including
a recreational use of National Forest System
land); and
(C) would use an innovative funding or financing
model that leverages--
(i) loaned capital from a pay-for-
performance investor to cover upfront costs
associated with a pay-for-performance project,
with the loaned capital repaid by a pay-for-
performance beneficiary at a rate of return
dependent on a project outcome, as measured by
an independent evaluator; or
(ii) capital directly from a pay-for-
performance beneficiary to support costs
associated with a pay-for-performance project
in an amount based on an anticipated project
outcome.
(7) Pay-for-performance project developer.--The term ``pay-
for-performance project developer'' means a nonprofit or for-
profit organization that serves as an intermediary to assist in
developing or implementing a pay-for-performance agreement or a
pay-for-performance project.
(8) Project outcome.--The term ``project outcome'' means a
measurable, beneficial result (whether economic, environmental,
or social) that is attributable to a pay-for-performance
project and described in a pay-for-performance agreement.
(b) Establishment of Pilot Program.--The Secretary of Agriculture
shall establish a pilot program in accordance with this section to
carry out 1 or more pay-for-performance projects.
(c) Pay-for-performance Projects.--
(1) In general.--Using funds made available through a pay-
for-performance agreement or appropriations, all or any portion
of a pay-for-performance project may be implemented by--
(A) the Secretary of Agriculture; or
(B) a pay-for-performance project developer or a
third party, subject to the conditions that--
(i) the Secretary of Agriculture shall
approve the implementation by the pay-for-
performance project developer or third party;
and
(ii) the implementation is in accordance
with applicable law.
(2) Relation to land management plans.--A pay-for-
performance project carried out under this section shall be
consistent with any applicable land management plan developed
under section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604).
(3) Ownership.--
(A) New improvements.--The United States shall have
title to any improvements installed on National Forest
System land as part of a pay-for-performance project.
(B) Existing improvements.--Investing in,
conducting, or completing a pay-for-performance project
on National Forest System land shall not affect the
title of the United States to--
(i) any federally owned improvements
involved in the pay-for-performance project; or
(ii) the underlying land.
(4) Savings clause.--The carrying out of any action for a
pay-for-performance project does not provide any right to any
party to a pay-for-performance agreement.
(5) Potential conflicts.--Before approving a pay-for-
performance project under this section, the Secretary of
Agriculture shall consider and seek to avoid potential
conflicts (including economic competition) with any existing
written authorized use.
(d) Project Agreements.--
(1) In general.--Notwithstanding the Act of June 30, 1914
(38 Stat. 430, chapter 131; 16 U.S.C. 498), or subtitle C of
title XX of the Social Security Act (42 U.S.C. 1397n et seq.),
in carrying out the pilot program under this section, the
Secretary of Agriculture may enter into a pay-for-performance
agreement under which a pay-for-performance beneficiary, pay-
for-performance investor, or pay-for-performance project
developer agrees to pay for or finance all or part of a pay-
for-performance project.
(2) Size limitation.--The Secretary of Agriculture may not
enter into a pay-for-performance agreement under the pilot
program under this section for a pay-for-performance project
valued at more than $15,000,000.
(3) Financing.--
(A) In general.--A pay-for-performance agreement
shall specify the amounts that a pay-for-performance
beneficiary or a pay-for-performance project developer
agrees to pay to a pay-for-performance investor or a
pay-for-performance project developer, as appropriate,
in the event of an independent evaluator determining
pursuant to subsection (e) the degree to which a
project outcome has been achieved.
(B) Eligible payments.--An amount described in
subparagraph (A) shall be--
(i) based on--
(I) the respective contributions of
the parties under the pay-for-
performance agreement; and
(II) the economic, environmental,
or social benefits derived from the
project outcomes; and
(ii)(I) a percentage of the estimated value
of a project outcome;
(II) a percentage of the estimated cost
savings to the pay-for-performance beneficiary
or the Secretary of Agriculture derived from a
project outcome;
(III) a percentage of the enhanced revenue
to the pay-for-performance beneficiary or the
Secretary of Agriculture derived from a project
outcome; or
(IV) a percentage of the cost of the pay-
for-performance project.
(C) Forest service financial assistance.--Subject
to the availability of appropriations, the Secretary of
Agriculture may only contribute funding for a pay-for-
performance project if--
(i) the Secretary of Agriculture
demonstrates that--
(I) the pay-for-performance project
will provide a cost savings to the
United States; or
(II) the funding would accelerate
the pace of implementation of an
activity previously planned to be
completed by the Secretary of
Agriculture; and
(ii) the contribution of the Secretary of
Agriculture has a value that is not more than
50 percent of the total cost of the pay-for-
performance project.
(D) Special account.--Any funds received by the
Secretary of Agriculture under subsection (c)(1) shall
be--
(i) retained in a separate fund in the
Treasury to be used solely for pay-for-
performance projects; and
(ii) shall be remain available until
expended and without further appropriation.
(4) Maintenance and decommissioning of pay-for-performance
project improvements.--A pay-for-performance agreement shall--
(A) include a plan for maintaining any capital
improvement constructed as part of a pay-for-
performance project after the date on which the pay-
for-performance project is completed; and
(B) specify the party that will be responsible for
decommissioning the improvements associated with the
pay-for-performance project--
(i) at the end of the useful life of the
improvements;
(ii) if the improvements no longer serve
the purpose for which the improvements were
developed; or
(iii) if the pay-for-performance project
fails.
(5) Termination of pay-for-performance project
agreements.--The Secretary of Agriculture may unilaterally
terminate a pay-for-performance agreement, in whole or in part,
for any program year beginning after the program year during
which the Secretary of Agriculture provides to each party to
the pay-for-performance agreement a notice of the termination.
(e) Independent Evaluations.--
(1) Progress reports.--An independent evaluator shall
submit to the Secretary of Agriculture and each party to the
applicable pay-for-performance agreement--
(A) by not later than 2 years after the date on
which the pay-for-performance agreement is executed,
and at least once every 2 years thereafter, a written
report that summarizes the progress that has been made
in achieving each project outcome; and
(B) before the first scheduled date for a payment
described in subsection (d)(3)(A), and each subsequent
date for payment, a written report that--
(i) summarizes the results of the
evaluation conducted by the independent
evaluator to determine whether a payment should
be made pursuant to the pay-for-performance
agreement; and
(ii) analyzes the reasons why a project
outcome was achieved or was not achieved.
(2) Final reports.--Not later than 180 days after the date
on which a pay-for-performance project is completed, the
independent evaluator shall submit to the Secretary of
Agriculture and each party to the pay-for-performance agreement
a written report that includes, with respect to the period
covered by the report--
(A) an evaluation of the effects of the pay-for-
performance project with respect to each project
outcome;
(B) a determination of whether the pay-for-
performance project has met each project outcome; and
(C) the amount of the payments made for the pay-
for-performance project pursuant to subsection
(d)(3)(A).
(f) Additional Forest Service-provided Assistance.--
(1) Technical assistance.--The Secretary of Agriculture may
provide technical assistance to facilitate pay-for-performance
project development, such as planning, permitting, site
preparation, and design work.
(2) Consultants.--Subject to the availability of
appropriations, the Secretary of Agriculture may hire a
contractor--
(A) to conduct a feasibility analysis of a proposed
pay-for-performance project;
(B) to assist in the development, implementation,
or evaluation of a proposed pay-for-performance project
or a pay-for-performance agreement; or
(C) to assist with an environmental analysis of a
proposed pay-for-performance project.
(g) Savings Clause.--The Secretary of Agriculture shall approve a
record of decision, decision notice, or decision memo for any
activities to be carried out on National Forest System land as part of
a pay-for-performance project before the Secretary of Agriculture may
enter into a pay-for-performance agreement involving the applicable
pay-for-performance project.
(h) Duration of Pilot Program.--
(1) Sunset.--The authority to enter into a pay-for-
performance agreement under this section terminates on
September 30, 2032.
(2) Savings clause.--Nothing in paragraph (1) affects any
pay-for-performance project agreement entered into by the
Secretary of Agriculture under this section before the date
described in that paragraph.
Subtitle D--Engagement
SEC. 141. IDENTIFYING OPPORTUNITIES FOR RECREATION.
(a) Definition of Land Use Plan.--In this section, the term ``land
use plan'' means--
(1) a land use plan prepared by the Secretary pursuant to
section 202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712); and
(2) a land management plan prepared by the Forest Service
for a unit of the National Forest Service pursuant to section 6
of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604).
(b) Inventory and Assessments.--
(1) In general.--The Secretaries shall--
(A) conduct a single inventory and assessment of
recreation resources for Federal recreational lands and
waters; and
(B) publish the inventory and assessment conducted
under subparagraph (A) for public comment.
(2) Unique recreation values.--An inventory and assessment
conducted under paragraph (1) shall recognize--
(A) any unique recreation values and recreation
opportunities; and
(B) areas of concentrated recreational use.
(3) Inventory.--The inventory conducted under paragraph (1)
shall --
(A) identify, list, and map recreation resources
by--
(i) type of recreation opportunity and type
of natural or artificial recreation
infrastructure;
(ii) to the extent available, the level of
use of the recreation resource as of the date
of the inventory; and
(iii) location; and
(B) identify, to the extent practicable, any trend
relating to recreation opportunities or use at a
recreation resource identified under subparagraph (A).
(4) Assessments.--For any recreation resource inventoried
under paragraph (1), the Secretary concerned shall assess--
(A) the level of demand for the recreation
resource;
(B) the maintenance needs of, and expenses
necessary to administer, the recreation resource;
(C) the benefits of current and projected future
recreation use, including to the local economy;
(D) the capacity of the recreation resource to meet
the demand described in subparagraph (A), including the
relationship of current and projected future recreation
use on--
(i) natural, cultural, and other resources;
(ii) other authorized uses and activities
on the Federal recreational lands and waters
subject to the applicable land use plan; and
(iii) existing infrastructure;
(E) the suitability for developing, expanding, or
enhancing the recreation resource;
(F) technological developments and innovation that
affects recreation use; and
(G) the adequacy of the current management of the
recreation resource.
(c) Future Recreation Needs and Management.--
(1) Future needs.--Based on the inventory and assessment
conducted under subsection (b)(1), the Secretary concerned
shall--
(A) estimate future recreation needs through a
collaborative process;
(B) identify underutilized locations that are
suitable for developing, expanding, or enhancing
recreation use; and
(C) select additional high-value recreation
resources at which to encourage recreation use,
consistent with the applicable land use plan.
(2) Considerations.--In selecting a high-value recreation
resource under paragraph (1)(C), the Secretary concerned shall
consider the following:
(A) The future recreation needs estimated under
paragraph (1)(A).
(B) The maintenance needs of, and the expenses
necessary to administer, the high-value recreation
resource.
(C) The presence of partner organizations prepared
to assist in the stewardship of recreation resource.
(D) The benefits of recreation use, including
benefits to the local economy.
(E) The impacts of recreation use on--
(i) natural, cultural, or other resources;
(ii) other authorized uses and activities
on the Federal recreational lands and waters
subject to any applicable land use plan; and
(iii) adjacent landowners.
(3) Management.--The Secretary concerned shall--
(A) seek input from the public, including adjacent
landowners and individuals or entities with existing
land use authorizations, with respect to the management
of any high-value recreation resource identified under
paragraph (1)(C);
(B) maintain or enhance the recreation values and
encourage recreation use of the high-value recreation
resource identified, subject to the availability of
appropriations and consistent with any applicable
multiple-use mandates; and
(C) manage a high-value recreation resource under
this paragraph in a manner that is consistent with
applicable law.
(d) Existing Efforts.--To the extent practicable, the Secretary
concerned shall utilize or incorporate existing applicable research and
planning decisions and processes in carrying out this section.
(e) Conforming Amendments.--Section 200103 of title 54, United
States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (d), (e), (f), (g), and (h), respectively.
SEC. 142. FEDERAL INTERAGENCY COUNCIL ON OUTDOOR RECREATION.
(a) In General.--Section 200104 of title 54, United States Code, is
amended to read as follows:
``Sec. 200104. Federal Interagency Council on Outdoor Recreation
``(a) Definitions.--In this section:
``(1) Council.--The term `Council' means the Federal
Interagency Council on Outdoor Recreation established under
subsection (b).
``(2) Federal recreational lands and waters.--The term
`Federal recreational lands and waters' has the meaning given
the term in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801).
``(b) Establishment.--The Secretary shall establish an interagency
council, to be known as the `Federal Interagency Council on Outdoor
Recreation'.
``(c) Membership.--
``(1) In general.--The Council shall be composed of
members, to be appointed by the Secretary, who have
administrative responsibility over outdoor recreation
activities or resources, from the following:
``(A) The National Park Service.
``(B) The Bureau of Land Management.
``(C) The United States Fish and Wildlife Service.
``(D) The Forest Service.
``(E) The Corps of Engineers.
``(F) The Council on Environmental Quality.
``(2) Additional members.--In addition to the members
described in paragraph (1), the Secretary may appoint to the
Council members from the following:
``(A) The Bureau of Indian Affairs.
``(B) The Bureau of Reclamation.
``(C) The Natural Resources Conservation Service.
``(D) Rural development programs of the Department
of Agriculture.
``(E) The Economic Development Administration.
``(F) The National Travel and Tourism Office of the
Department of Commerce.
``(G) The National Center for Chronic Disease
Prevention and Health Promotion.
``(H) The Environmental Protection Agency.
``(I) The Department of Transportation.
``(J) The Tennessee Valley Authority.
``(K) The National Oceanic and Atmospheric
Administration.
``(L) The Federal Energy Regulatory Commission.
``(M) An applicable State agency or office.
``(N) An applicable agency or office of a local
government.
``(3) State coordination.--In appointing members to the
Council under this subsection, the Secretary shall seek to
ensure not fewer than 1 State is a member of the Council.
``(d) Coordination.--The Council shall meet as frequently as
appropriate for the purposes of coordinating--
``(1) implementation of the America's Outdoor Recreation
Act of 2022, including carrying out any reports required under
that Act or an amendment made by that Act;
``(2) recreation management policies across Federal
agencies, including implementation of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801 et seq.);
``(3) the response by an agency that manages Federal
recreational lands and waters to public health emergencies or
other emergencies that result in disruptions to, or closures
of, Federal recreational lands and waters;
``(4) the expenditure of funds relating to outdoor
recreation on Federal recreational lands and waters, including
funds made available under section 40804(b)(7) of the
Infrastructure Investment and Jobs Act (16 U.S.C. 6592a(b)(7));
``(5) the adoption and expansion of emerging technologies
on Federal recreational lands and waters;
``(6) research activities, including quantifying the
economic impacts of recreation;
``(7) dissemination to the public of recreation-related
information (including information relating to opportunities,
reservations, accessibility, and closures), in a manner that
ensures the recreation-related information is easily accessible
with modern communication devices;
``(8) the improvement of access to Federal recreational
lands and waters; and
``(9) the identification and engagement of partners outside
the Federal Government--
``(A) to promote outdoor recreation;
``(B) to facilitate collaborative management of
outdoor recreation; and
``(C) to provide additional resources relating to
enhancing outdoor recreation opportunities.
``(e) Effect.--Nothing in this section affects the authorities,
regulations, or policies of any Federal agency described in paragraph
(1) or (2) of subsection (c).''.
(b) Clerical Amendment.--The table of sections for chapter 2001 of
title 54, United States Code, is amended by striking the item relating
to section 200104 and inserting the following:
``200104. Federal Interagency Council on Outdoor Recreation.''.
SEC. 143. INFORMING THE PUBLIC OF ACCESS CLOSURES.
(a) In General.--The Secretaries shall, to the extent practicable
and in a timely fashion, alert the public to any closure or disruption
to public campsites, trails, roads, and other public areas and access
points under the jurisdiction of the applicable Secretary.
(b) Online Alert.--An alert under subsection (a) shall be posted
online on a public website of the appropriate land unit in a manner
that--
(1) ensures that the public can easily find the alert in
searching for the applicable campsite, trail, road, or other
access point; and
(2) consolidates all alerts under subsection (a).
SEC. 144. IMPROVED RECREATION VISITATION DATA.
(a) Consistent Visitation Data.--
(1) Annual visitation data.--The Secretaries shall
establish a single visitation data reporting system to report
accurate annual visitation data, in a consistent manner, for--
(A) each unit of Federal recreational lands and
waters; and
(B) land held in trust for an Indian Tribe, on
request of the Indian Tribe.
(2) Categories of use.--Within the visitation data
reporting system established under paragraph (1), the
Secretaries shall--
(A) establish multiple categories of different
recreation activities that are reported consistently
across agencies; and
(B) provide an estimate of the number of visitors
for each applicable category established under
subparagraph (A) for each unit of Federal recreational
lands and waters.
(b) Real-time Data Pilot Program.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, using existing funds available to the
Secretaries, the Secretaries shall carry out a pilot program,
to be known as the ``Real-time Data Pilot Program'' (referred
to in this section as the ``Pilot Program''), to make available
to the public, for each unit of Federal recreational lands and
waters selected for participation in the Pilot Program under
paragraph (2)--
(A) real-time or predictive data on visitation
(including data and resources publicly available from
existing nongovernmental platform) at--
(i) the unit of Federal recreational lands
and waters;
(ii) to the extent practicable, areas
within the unit of Federal recreational lands
and waters; and
(iii) to the extent practicable, recreation
sites managed by any other Federal agency, a
State agency, or a local agency that are
located near the unit of Federal recreational
lands and waters; and
(B) through multiple media platforms, information
about lesser-known recreation sites located near the
unit of Federal recreational lands and waters
(including recreation sites managed by any other
Federal agency, a State agency, or a local agency), in
an effort to encourage visitation among recreational
sites.
(2) Locations.--
(A) Initial number of units.--On establishment of
the Pilot Program, the Secretaries shall select for
participation in the Pilot Program--
(i) 15 units of Federal recreational lands
and waters managed by the Secretary; and
(ii) 5 units of Federal recreational lands
and waters managed by the Secretary of
Agriculture (acting through the Chief of the
Forest Service).
(B) Expansion.--Not later than 5 years after the
date of enactment of this Act, the Secretaries shall
expand the Pilot Program by selecting 80 additional
units of Federal recreational lands and waters managed
by the Secretaries for participation in the Pilot
Program, not fewer than 50 of which shall be units
managed by the Secretary.
(C) Feedback; support of gateway communities.--The
Secretaries shall--
(i) solicit feedback regarding
participation in the Pilot Program from
communities adjacent to units of Federal
recreational lands and waters and the public;
and
(ii) in carrying out subparagraphs (A) and
(B), select a unit of Federal recreation lands
and waters to participate in the Pilot Program
only if the community adjacent to the unit of
Federal recreational lands and waters is
supportive of the participation of the unit of
Federal recreational lands and waters in the
Pilot Program.
(3) Dissemination of information.--The Secretaries may
disseminate the information described in paragraph (1) directly
or through an entity or organization referred to in subsection
(c).
(c) Community Partners and Third-party Providers.--For purposes of
carrying out this section, the Secretary concerned may--
(1) coordinate and partner with--
(A) communities adjacent to units of Federal
recreational lands and waters;
(B) State and local outdoor recreation and tourism
offices;
(C) local governments;
(D) Indian Tribes;
(E) trade associations;
(F) local outdoor recreation marketing
organizations;
(G) permitted facilitated recreation providers; or
(H) other relevant stakeholders; and
(2) coordinate or enter into agreements, as appropriate,
with private sector and nonprofit partners, including--
(A) technology companies;
(B) geospatial data companies;
(C) experts in data science, analytics, and
operations research; or
(D) data companies.
(d) Existing Programs.--The Secretaries may use existing programs
or products of the Secretaries to carry out this section.
(e) Privacy Clauses.--Nothing in this section provides authority to
the Secretaries--
(1) to monitor or record the movements of a visitor to a
unit of Federal recreational lands and waters;
(2) to restrict, interfere with, or monitor a private
communication of a visitor to a unit of Federal recreational
lands and waters; or
(3) to collect--
(A) information from owners of land adjacent to a
unit of Federal recreational lands and waters; or
(B) information on non-Federal land.
(f) Reports.--Not later than January 1, 2024, and annually
thereafter, the Secretaries shall publish on a website of the
Secretaries a report that describes the annual visitation of each unit
of Federal recreational lands and waters, including, to the maximum
extent practicable, visitation categorized by recreational activity.
SEC. 145. MONITORING FOR IMPROVED RECREATION DECISIONMAKING.
(a) In General.--The Secretaries shall seek to capture
comprehensive recreation use data to better understand and inform
decisionmaking by the Secretaries.
(b) Pilot Protocols.--Not later than 1 year after the date of
enactment of this Act, and after public notice and comment, the
Secretaries shall establish pilot protocols at not fewer than 10 land
management units under the jurisdiction of each of the Secretaries to
model recreation use patterns (including low-use recreation activities
and dispersed recreation activities) that may not be effectively
measured by existing general and opportunistic survey and monitoring
protocols.
SEC. 146. ACCESS FOR SERVICEMEMBERS AND VETERANS.
The Secretaries are encouraged to work with the Secretary of
Defense and the Secretary of Veterans Affairs to ensure servicemembers
and veterans have access to outdoor recreation and outdoor-related
volunteer and wellness programs as a part of the basic services
provided to servicemembers and veterans.
SEC. 147. INCREASING YOUTH RECREATION VISITS TO FEDERAL LAND.
(a) Strategy.--Not later than 1 year after the date of enactment of
this Act, and not less frequently than once every 5 years thereafter,
the Secretaries shall develop and make public a national strategy,
after public notice and comment, to increase the number of youth
recreation visits to Federal land.
(b) Requirements.--A strategy developed under subsection (a)--
(1) shall--
(A) emphasize increased recreation opportunities on
Federal land for underserved youth;
(B) establish objectives and quantifiable targets
for increasing youth recreation visits; and
(C) provide the anticipated costs to achieve the
objectives and meet the targets established under
subparagraph (B); and
(2) shall not establish any preference between similar
recreation facilitated by noncommercial or commercial entities.
(c) Agreements.--The Secretaries may enter into contracts or cost-
share agreements (including contracts or agreements for the acquisition
of vehicles) to carry out this section.
TITLE II--AMENDMENTS TO THE FEDERAL LANDS RECREATION ENHANCEMENT ACT
SEC. 201. SHORT TITLE.
The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et
seq.) is amended by striking section 801 and inserting the following:
``SEC. 801. SHORT TITLE.
``This title may be cited as the `Federal Lands Recreation
Enhancement Act'.''.
SEC. 202. DEFINITIONS.
Section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) is amended--
(1) in the matter preceding paragraph (1), by striking
``this Act'' and inserting ``this title'';
(2) in paragraph (1), by striking ``section 3(f)'' and
inserting ``section 803(f)'';
(3) in paragraph (2), by striking ``section 3(g)'' and
inserting ``section 803(g)'';
(4) in paragraph (6), by striking ``section 5(a)(7)'' and
inserting ``section 805(a)(7)'';
(5) in paragraph (9), by striking ``section 5(d)'' and
inserting ``section 805(d)'';
(6) in paragraph (12), by striking ``section 7'' and
inserting ``section 807'';
(7) in paragraph (13), by striking ``section 3(h)'' and
inserting ``section 803(h)(2)'';
(8) by redesignating paragraphs (1), (3), (4), (5), (6),
(7), (8), (9), (10), (11), and (13) as paragraphs (15), (1),
(3), (4), (5), (6), (7), (8), (11), (10), and (14),
respectively, and moving the paragraphs so as to appear in
numerical order;
(9) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Recreation service provider.--The term `recreation
service provider' means a person that provides recreational
services to the public under a special recreation permit under
clause (iii) or (iv) of paragraph (13)(A).''; and
(10) by inserting after paragraph (12) the following:
``(13) Special recreation permit.--
``(A) In general.--The term `special recreation
permit' means a permit issued by a Federal land
management agency for the use of Federal recreational
lands and waters--
``(i) for a specialized recreational use
not described in clause (ii), (iii), or (iv),
such as--
``(I) an organizational camp;
``(II) a single event that does not
require an entry or participation fee
that is not strictly a sharing of
expenses for the purposes of the event;
and
``(III) participation by the public
in a recreation activity or recreation
use of a specific area of Federal
recreational lands and waters in which
use by the public is allocated;
``(ii) for a large group activity or event
for not fewer than 75 participants;
``(iii) for--
``(I) at the discretion of the
Secretary, a single organized group
recreation activity or event (including
an activity or event in which motorized
recreational vehicles are used or in
which outfitting and guiding services
are used) that--
``(aa) is a structured or
scheduled event;
``(bb) is not competitive
and is for fewer than 75
participants;
``(cc) may charge an entry
or participation fee;
``(dd) involves fewer than
200 visitor-use days; and
``(ee) is undertaken or
provided by the recreation
service provider at the same
site not more frequently than 3
times a year; or
``(II) a single competitive event;
or
``(iv) for--
``(I) a recurring outfitting,
guiding, or, at the discretion of the
Secretary, other recreation service,
the authorization for which is for a
term of not more than 10 years; or
``(II) a recurring outfitting,
guiding, or, at the discretion of the
Secretary, other recreation service,
that occurs under a transitional
special recreation permit authorized
section 312(a) of the America's Outdoor
Recreation Act of 2022.
``(B) Exclusions.--The term `special recreation
permit' does not include--
``(i) a concession contract for the
provision of accommodations, facilities, or
services;
``(ii) a commercial use authorization
issued under section 101925 of title 54, United
States Code; or
``(iii) any other type of permit, including
a special use permit administered by the
National Park Service.''.
SEC. 203. SPECIAL RECREATION PERMITS AND FEES.
(a) In General.--Section 803 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) is amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (b)(5), by striking ``section 4(d)'' and
inserting ``section 804(d)''; and
(3) by striking subsection (h) and inserting the following:
``(h) Special Recreation Permits and Fees.--
``(1) Special recreation permits.--
``(A) Applications.--The Secretary shall develop
and make available to the public an application to
obtain a special recreation permit described in clause
(ii), (iii), or (iv) of section 802(13)(A).
``(B) Issuance of permits.--On review of a
completed application developed under subparagraph (A)
and a determination by the Secretary that the applicant
is eligible for the special recreation permit, the
Secretary may issue to the applicant a special
recreation permit, subject to any terms and conditions
that are determined to be necessary by the Secretary.
``(C) Incidental sales.--A special recreation
permit issued under this paragraph may include an
authorization for sales that are incidental in nature
to the permitted use of the Federal recreational lands
and waters.
``(2) Special recreation permit fees.--
``(A) In general.--The Secretary may charge a
special recreation permit fee for the issuance of a
special recreation permit issued under paragraph (1) in
accordance with this paragraph.
``(B) Predetermined special recreation permit
fees.--
``(i) In general.--For purposes of
subparagraphs (D) and (E), the Secretary shall
establish and charge a predetermined fee,
described in clause (ii), for a special
recreation permit described in clause (iii) or
(iv) of section 802(13)(A) for a specific type
of use on a unit of Federal recreational lands
and waters, consistent with the criteria set
forth in clause (iii).
``(ii) Type of fee.--A predetermined fee
described in clause (i) shall be--
``(I) a fixed fee that is assessed
per special recreation permit,
including a fee with an associated size
limitation or other criteria as
determined to be appropriate by the
Secretary; or
``(II) an amount assessed per
visitor-use day.
``(iii) Criteria.--A predetermined fee
under clause (i) shall--
``(I) have been established before
the date of enactment of the America's
Outdoor Recreation Act of 2022;
``(II) be established after the
date of enactment of the America's
Outdoor Recreation Act of 2022, in
accordance with subsection (b);
``(III)(aa) be established after
the date of enactment of the America's
Outdoor Recreation Act of 2022; and
``(bb) be comparable to an amount
described in subparagraph (D)(ii) or
E(ii), as applicable; or
``(IV) beginning on the date that
is 2 years after the date of enactment
of the America's Outdoor Recreation Act
of 2022, be $6 in instances in which
the Secretary has not established a
predetermined fee under subclause (I),
(II), or (III).
``(C) Calculation of fees for allocated public use,
large group activities, and other activities.--The
Secretary may, at the discretion of the Secretary,
establish and charge a fee for a special recreation
permit described in clause (i) or (ii) of section
802(13)(A).
``(D) Calculation of fees for single organized
group recreation activities, competitive events, and
events for which a participation fee is charged.--If
the Secretary elects to charge a fee for a special
recreation permit described in section 802(13)(A)(iii),
the Secretary shall charge the recreation service
provider, based on the election of the recreation
service provider--
``(i) the applicable predetermined fee
established under subparagraph (B); or
``(ii) an amount equal to a percentage of,
to be determined by the Secretary, but to not
to exceed 5 percent of, adjusted gross receipts
calculated under subparagraph (F).
``(E) Calculation of fees for transitional permits
and long-term permits.--Subject to subparagraph (G), if
the Secretary elects to charge a fee for a special
recreation permit described in section 802(13)(A)(iv),
the Secretary shall charge the recreation service
provider, based on the election of the recreation
service provider--
``(i) the applicable predetermined fee
established under subparagraph (B); or
``(ii) an amount equal to a percentage of,
to be determined by the Secretary, but not to
exceed 3 percent of, adjusted gross receipts
calculated under subparagraph (F).
``(F) Adjusted gross receipts.--For the purposes of
subparagraphs (D)(ii) and (E)(ii), the Secretary shall
calculate the adjusted gross receipts collected for
each trip or event authorized under a special
recreation permit, using either of the following
calculations, based on the election of the recreation
service provider:
``(i) The sum of--
``(I) the product obtained by
multiplying--
``(aa) the general amount
paid by participants of the
trip or event to the recreation
service provider for the
applicable trip or event
(excluding amounts related to
goods, souvenirs, merchandise,
gear, and additional food
provided or sold by the
recreation service provider);
and
``(bb) the quotient
obtained by dividing--
``(AA) the number
of days of the trip or
event that occurred on
Federal recreational
lands and waters
covered by the special
recreation permit,
rounded to the nearest
whole day; by
``(BB) the total
number of days of the
trip or event; and
``(II) the amount of any additional
revenue received by the recreation
service provider for an add-on activity
or an optional excursion that occurred
on the Federal recreational lands and
waters covered by the special
recreation permit.
``(ii) The difference between--
``(I) the total cost paid by the
participants of the trip or event for
the trip or event to the recreation
service provider, including any
additional revenue received by the
recreation service provider for an add-
on activity or an optional excursion
that occurred on the Federal
recreational lands and waters covered
by the special recreation permit; and
``(II) the sum of--
``(aa) the amount of any
revenues from goods, souvenirs,
merchandise, gear, and
additional food provided or
sold by the recreation service
provider to the participants of
the applicable trip or event;
``(bb) the amount of any
costs or revenues from services
and activities provided or sold
by the recreation service
provider to the participants of
the trip or event that occurred
in a location other than the
Federal recreational lands and
waters covered by the special
recreation permit (including
costs for travel and lodging
outside the Federal
recreational lands and waters
covered by the special
recreation permit); and
``(cc) the amount of any
revenues from any service
provided by a recreation
service provider for an
activity on Federal
recreational lands and waters
that is not covered by the
special recreation permit.
``(G) Exception.--Notwithstanding subparagraph (E),
the Secretary may charge a recreation service provider
a minimum annual fee for a special recreation permit
described in section 802(13)(A)(iv).
``(H) Savings clauses.--
``(i) Effect.--Nothing in this paragraph
affects any fee for--
``(I) a concession contract
administered by the National Park
Service for the provision of
accommodations, facilities, or
services; or
``(II) a commercial use
authorization for use of Federal
recreational lands and waters managed
by the National Park Service.
``(ii) Cost recovery.--Nothing in this
paragraph affects the ability of the Secretary
to recover any administrative costs under
section 325 of the America's Outdoor Recreation
Act of 2022.
``(iii) Special recreation permit fees and
other recreation fees.--The collection of a
special recreation permit fee under this
paragraph shall not affect the authority of the
Secretary to collect an entrance fee, a
standard amenity recreation fee, or an expanded
amenity recreation fee authorized under
subsections (e), (f), and (g).
``(i) Disclosure of Recreation Fees and Use of Recreation Fees.--
``(1) Notice of entrance fees, standard amenity recreation
fees, expanded amenity recreation fees, and passes.--
``(A) In general.--The Secretary shall post clear
notice of any entrance fee, standard amenity recreation
fee, expanded amenity recreation fee, and available
recreation passes at appropriate locations in each unit
or area of Federal recreational land and waters at
which an entrance fee, standard amenity recreation fee,
or expanded amenity recreation fee is charged.
``(B) Publications.--The Secretary shall include in
publications distributed at a unit or area or described
in subparagraph (A) the notice described in that
subparagraph.
``(2) Notice of uses of fees.--Beginning on January 1,
2024, the Secretary shall annually post, at the location at
which a recreation fee described in paragraph (1)(A) is
collected, clear notice of--
``(A) the total recreation fees collected during
each of the 2 preceding fiscal years at the respective
unit or area of the Federal land management agency; and
``(B) each use during the preceding fiscal year of
the applicable recreation fee or recreation pass
revenues collected under this section.
``(3) Notice of recreation fee projects.--To the extent
practicable, the Secretary shall post clear notice at the
location at which work is performed using recreation fee and
recreation pass revenues collected under this section.
``(4) Centralized reporting on agency websites.--
``(A) In general.--Not later than January 1, 2023,
and not later than 60 days after the beginning of each
fiscal year thereafter, the Secretary shall post on the
website of the applicable Federal land management
agency a searchable list of each use during the
preceding fiscal year of the recreation fee or
recreation pass revenues collected under this section.
``(B) List components.--The list required under
subparagraph (A) shall include, with respect to each
use described in that subparagraph--
``(i) a title and description of the
overall project;
``(ii) a title and description for each
component of the project;
``(iii) the location of the project; and
``(iv) the amount obligated for the
project.
``(5) Notice to customers.--A recreation service provider
may inform a customer of the recreation service provider of any
fee charged by the Secretary under this section.''.
(b) Conforming Amendment.--Section 804 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6803) is amended by striking
subsection (e).
SEC. 204. ONLINE COLLECTION OF CERTAIN RECREATION FEES.
Section 803 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6802) (as amended by section 203(a)(3)) is amended by adding at
the end the following:
``(j) Online Payments.--
``(1) In general.--In addition to providing onsite payment
methods, the Secretaries may collect payment online for--
``(A) entrance fees under subsection (e);
``(B) standard amenity recreation fees;
``(C) expanded amenity recreation fees; and
``(D) special recreation permit fees.
``(2) Distribution of online payments.--An online payment
collected under paragraph (1) that is associated with a
specific unit or area of a Federal land management agency shall
be distributed in accordance with section 805(c).''.
SEC. 205. ONLINE PURCHASES AND ESTABLISHMENT OF A DIGITAL VERSION OF
AMERICA THE BEAUTIFUL--THE NATIONAL PARKS AND FEDERAL
RECREATIONAL LANDS PASSES.
Section 805(a) of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6804(a)) is amended--
(1) in paragraph (6), by striking subparagraph (A) and
inserting the following:
``(A) In general.--The Secretaries shall sell the
National Parks and Federal Recreational Lands Pass--
``(i) at all Federal recreational lands and
waters at which--
``(I) an entrance fee or a standard
amenity recreation fee is charged; and
``(II) such sales are feasible;
``(ii) at such other locations as the
Secretaries determine to be appropriate and
feasible; and
``(iii) through the website of each of the
Federal land management agencies and the
websites of the relevant units and subunits of
the Federal land management agencies, which
shall include--
``(I) a prominent link on each
website; and
``(II) information about where and
when the National Parks and Federal
Recreational Lands Pass may be used.'';
and
(2) by adding at the end the following:
``(10) Digital recreation passes.--By not later than
January 1, 2024, the Secretaries shall--
``(A) establish a digital version of the National
Parks and Federal Recreational Lands Pass that is able
to be stored on a mobile device; and
``(B) on the completion of a sale carried out under
paragraph (6)(A)(iii), make available to the passholder
the digital version of the National Parks and Federal
Recreational Lands Pass established under subparagraph
(A).''.
SEC. 206. AVAILABILITY OF FEDERAL, STATE, AND LOCAL RECREATION PASSES.
Section 806 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6805) is amended by adding at the end the following:
``(d) Federal Sales of State and County Recreation Passes.--
``(1) In general.--On receipt of a request by a State or
county, the Secretaries may, on behalf of the State or county--
``(A) sell a pass covering a fee charged by a State
or county for entrance to, or recreational use of, a
park or public land in the State or county; and
``(B) collect any required fees for a pass sold
under subparagraph (A).
``(2) Revenue from pass sales.--The Secretaries shall
transfer to the applicable State or county any amounts
collected on behalf of the State or county under paragraph
(1)(B).
``(e) Coordinating the Sales of Federal, State, and Local
Recreation Passes.--The Secretaries, in consultation with States and
counties, shall seek to coordinate the availability of Federal, State,
and county recreation passes to allow an individual to purchase a
Federal recreation pass and a State or county recreation pass in a
single transaction.''.
SEC. 207. USE OF SPECIAL RECREATION PERMIT FEE REVENUE.
Section 808 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6807) is amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (a)(3)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking ``6(a) or a
visitor reservation service.'' and inserting ``806(a)
or a visitor reservation service;''; and
(C) by adding at the end the following:
``(G) the processing of special recreation permit
applications and administration of special recreation
permits; and
``(H) the improvement of the operation of the
special recreation permit program under section
803(h).''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``section 5'' and
inserting ``section 805''; and
(B) in paragraph (2), by striking ``section 5'' and
inserting ``section 805''.
SEC. 208. PERMANENT AUTHORIZATION.
The Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et
seq.) is amended--
(1) by striking section 810; and
(2) by redesignating sections 811 through 815 as sections
810 through 814, respectively.
TITLE III--SPECIAL RECREATION PERMITS FOR OUTFITTING AND GUIDING
Subtitle A--Administration of Special Recreation Permits for Outfitting
and Guiding
SEC. 311. PERMIT ADMINISTRATION.
(a) Permit Availability.--
(1) Notifications of permit availability.--
(A) In general.--Except as provided in subparagraph
(B), in an area of Federal recreational lands and
waters in which use by recreation service providers is
allocated, if the Secretary concerned has determined
that visitor-use days are available for allocation to
recreation service providers or holders of a commercial
use authorization for outfitting and guiding, the
Secretary concerned shall publish the information on
the website of the agency that administers the
applicable area of Federal recreational lands and
waters.
(B) Effect.--Nothing in this paragraph--
(i) applies to--
(I) a reissuance of an existing
special recreation permit or an
existing commercial use authorization
for outfitting and guiding; or
(II) a new special recreation
permit or new commercial use
authorization for outfitting and
guiding issued to the purchaser of--
(aa) a recreation service
provider that is the holder of
an existing special recreation
permit; or
(bb) a holder of an
existing commercial use
authorization for outfitting
and guiding; or
(ii) creates a prerequisite to the issuance
of a special recreation permit or commercial
use authorization for outfitting and guiding or
otherwise limits the authority of the Secretary
concerned--
(I) to issue a new special
recreation permit or new commercial use
authorization for outfitting and
guiding; or
(II) to add a new or additional use
to an existing special recreation
permit or an existing commercial use
authorization for outfitting and
guiding.
(2) Updates.--The Secretary concerned shall ensure that
information published on the website under this subsection is
consistently updated to provide current and correct information
to the public.
(3) Electronic mail notifications.--The Secretary concerned
shall establish a system by which potential applicants for
special recreation permits or commercial use authorizations for
outfitting and guiding may subscribe to receive notification by
electronic mail of the availability of special recreation
permits under subsection (h)(1) of section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended
by section 203(a)(3)) or commercial use authorizations for
outfitting and guiding.
(b) Permit Application or Proposal Acknowledgments.--
(1) In general.--Not later than 60 days after the date on
which the Secretary concerned receives a completed application
or a complete proposal for a special recreation permit under
subsection (h)(1) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
section 203(a)(3)), the Secretary concerned shall--
(A) provide to the applicant notice acknowledging
receipt of the application or proposal; and
(B)(i) issue a final decision with respect to the
application or proposal; or
(ii) provide to the applicant notice of a projected
date for a final decision on the application or
proposal.
(2) Effect.--Nothing in this subsection applies to a
concession contract issued by the National Park Service for the
provision of accommodations, facilities, or services.
SEC. 312. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT TRANSITIONAL
SPECIAL RECREATION PERMITS FOR OUTFITTING AND GUIDING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary concerned shall implement a program to
authorize the issuance of transitional special recreation permits for a
new or additional reoccurring outfitting, guiding, or other recreation
service, as determined by the Secretary concerned, on Federal
recreational lands and waters managed by the Chief of the Forest
Service or the Director of the Bureau of Land Management.
(b) Term of Transitional Permits for Outfitting and Guiding.--A
transitional special recreation permit issued under subsection (a)
shall be issued for a term of 2 years.
(c) Conversion to Long-term Permits for Outfitting and Guiding.--
(1) In general.--On the request of a recreation service
provider that holds a transitional special recreation permit
under the program implemented under subsection (a), the
Secretary concerned shall provide for the conversion of the
transitional special recreation permit to a long-term special
recreation permit for outfitting and guiding if the Secretary
concerned determines that the recreation service provider--
(A) has held not less than 2 transitional special
recreation permits or similar permits issued under--
(i) the program implemented under
subsection (a); or
(ii) any other program to issue similar
special recreation permits in existence before
the date of enactment of this Act;
(B) during the 3-year period preceding the request,
has not been determined to have a performance that is
less than satisfactory, as determined under the
monitoring process described in section 314(a), for any
transitional special recreation permits or similar
special recreation permits issued by the Secretary
concerned, including the transitional special
recreation permit proposed to be converted, for the
respective unit of Federal recreational lands and
waters; and
(C) notwithstanding section 314(b)(3), has used not
less than 50 percent of the visitor-use days allocated
to the recreation service provider under the
transitional special recreation permit.
(2) Term.--The term of a special recreation permit
converted to a long-term special recreation permit under this
subsection shall be for a period of 5 or 10 years, as
determined to be appropriate by the Secretary concerned.
(3) Visitor-use day allocations.--In converting a
transitional special recreation permit under paragraph (1) to a
long-term special recreation permit for outfitting and guiding,
the Secretary concerned may, at the discretion of the Secretary
concerned, increase the number of visitor-use days allocated to
the recreation service provider under the long-term special
recreation permit for outfitting and guiding.
(d) Effect.--Nothing in this section alters or affects the
authority of the Secretary concerned to issue a special recreation
permit under subsection (h)(1) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by section
203(a)(3)).
SEC. 313. SURRENDER OF UNUSED VISITOR-USE DAYS.
(a) In General.--A recreation service provider holding a special
recreation permit described in paragraph (13)(A)(iv) of section 802 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by section 202(10)) may--
(1) notify the Secretary concerned of an inability to use
visitor-use days annually allocated to the recreation service
provider under the special recreation permit; and
(2) surrender to the Secretary concerned the unused
visitor-use days for the applicable year for temporary
reassignment under section 315(b).
(b) Determination.--To ensure a recreation service provider
described in subsection (a) is able to make an informed decision before
surrendering any unused visitor-use day under subsection (a)(2), the
Secretary concerned shall, on the request of the applicable recreation
service provider, determine and notify the recreation service provider
whether the unused visitor-use day meets the requirement described in
section 314(b)(3)(B) before the recreation service provider surrenders
the unused visitor-use day.
SEC. 314. PERMIT REVIEWS.
(a) Monitoring.--The Secretary concerned shall monitor for
compliance a recreation service provider--
(1) annually, in the case of a transitional special
recreation permit for outfitting and guiding issued under
section 312;
(2) once every 2 years, in the case of a special recreation
permit described in paragraph (13)(A)(iv)(I) of section 802 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801)
(as amended by section 202(10)) that is issued for a term of 10
years;
(3) in the case of a special recreation permit converted
under section 312 to a long-term special recreation permit for
outfitting and guiding with a term of 10 years, during each of
the 4th, 6th, 8th, and 10th years in which the long-term
special recreation permit is in effect; and
(4) in the case of a special recreation permit converted
under section 312 to a long-term special recreation permit for
outfitting and guiding with a term of 5 years, during each of
the 4th and 5th years in which the special recreation permit is
in effect.
(b) Use-of-allocation Reviews.--
(1) In general.--If the Secretary of Agriculture, acting
through the Chief of the Forest Service, or the Secretary, as
applicable, allocates visitor-use days among special recreation
permits for outfitting and guiding, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall, and the Secretary may, review the use by the recreation
service provider of the visitor-use days allocated--
(A) under a transitional special recreation permit
issued under section 312, not later than 90 days before
the date on which the transitional special recreation
permit expires; and
(B) under a long-term special recreation permit
described in paragraph (13)(A)(iv)(I) of section 802 of
the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801) (as amended by section 202(10)), once every 5
years.
(2) Requirements of the review.--In conducting a review
under paragraph (1), the Secretary of Agriculture, acting
through the Chief of the Forest Service, or the Secretary, as
applicable, shall determine--
(A) the number of visitor-use days that the
recreation service provider has used each year under
the transitional special recreation permit or the
special recreation permit, in accordance with paragraph
(3); and
(B) of the years identified under subparagraph (A),
the year in which the recreation service provider used
the most visitor-use days.
(3) Consideration of surrendered, unused visitor-use
days.--For the purposes of determining the number of visitor-
use days a recreation service provider has used in a specified
year under paragraph (2)(A), the Secretary of Agriculture,
acting through the Chief of the Forest Service, and the
Secretary, as applicable, shall consider an unused visitor-use
day that has been surrendered under section 313(a)(2) as--
(A) \1/2\ of a visitor-use day used; or
(B) 1 visitor-use day used, if the Secretary of
Agriculture, acting through the Chief of the Forest
Service, or the Secretary, as applicable, determines
the use of the allocated visitor-use day had been or
will be prevented by a circumstance beyond the control
of the recreation service provider.
SEC. 315. ADJUSTMENT OF ALLOCATED VISITOR-USE DAYS.
(a) Adjustments Following Use of Allocation Reviews.--On the
completion of a use-of-allocation review of a special recreation permit
described in paragraph (13)(A)(iv)(I) of section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
section 202(10)) conducted under section 314(b), the Secretary of
Agriculture, acting through the Chief of the Forest Service, or the
Secretary, as applicable, shall adjust the number of visitor-use days
allocated to a recreation service provider under the special recreation
permit as follows:
(1) If the Secretary concerned determines that the
performance of the recreation service provider was satisfactory
during the most recent review conducted under subsection (a) of
section 314, the annual number of visitor-use days allocated
for each remaining year of the permit shall be equal to 125
percent of the number of visitor-use days used, as determined
under subsection (b)(2)(A) of that section, during the year
identified under subsection (b)(2)(B) of that section, not to
exceed the level allocated to the special recreation permit
holder on the date on which the special recreation permit was
issued.
(2) If the Secretary concerned determines the performance
of the recreation service provider is less than satisfactory
during the most recent performance review conducted under
subsection (a) of section 314, the annual number of visitor-use
days allocated for each remaining year of the permit shall be
equal to not more than 100 percent of the number of visitor-use
days used, as determined under subsection (b)(2)(A) of that
section during the year identified under subsection (b)(2)(B)
of that section.
(b) Temporary Reassignment of Unused Days.--The Secretary concerned
may temporarily assign unused visitor use-days, made available under
section 313(a)(2) to--
(1) any other existing or potential recreation service
provider, notwithstanding the number of visitor-use days
allocated to the special recreation permit holder under the
special recreation permit held or to be held by the recreation
service provider; or
(2) any existing or potential holder of a special
recreation permit described in clause (i) or (iii) of paragraph
(13)(A) of section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) (as amended by section
202(10)), including the public.
(c) Additional Capacity.--If unallocated visitor-use days are
available, the Secretary concerned may, at any time, revise a special
recreation permit to assign additional visitor-use days to a qualified
recreation service provider.
Subtitle B--Additional Provisions Relating to Special Recreation
Permits
SEC. 321. PERMITTING PROCESS IMPROVEMENTS.
(a) In General.--To simplify the process of the issuance and
reissuance of special recreation permits and reduce the cost of
administering special recreation permits 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)), the Secretaries shall--
(1) not later than 1 year after the date of enactment of
this Act--
(A) evaluate the process for issuing special
recreation permits; and
(B) based on the evaluation under subparagraph (A),
identify opportunities--
(i) to eliminate duplicative processes with
respect to issuing special recreation permits;
(ii) to reduce costs for the issuance of
special recreation permits;
(iii) to decrease processing times for
special recreation permits; and
(iv) to issue simplified special recreation
permits; and
(2) not later than 1 year after the date on which the
Secretaries complete the evaluation and identification
processes under paragraph (1), revise, as necessary, relevant
agency regulations and guidance documents, including
regulations and guidance documents relating to the
environmental review process, for special recreation permits to
implement the improvements identified under paragraph (1)(B).
(b) Environmental Reviews.--
(1) In general.--The Secretary concerned shall, to the
maximum extent practicable, utilize available tools, including
tiering to existing programmatic reviews, as appropriate, to
facilitate an effective and efficient environmental review
process for activities undertaken by the Secretary concerned
relating to the issuance of special recreation permits.
(2) Categorical exclusions.--Not later than 1 year after
the date of enactment of this Act, the Secretary concerned
shall--
(A) evaluate--
(i) whether existing categorical exclusions
available to the Secretary concerned on the
date of enactment of this Act are consistent
with the provisions of this Act; and
(ii) whether a modification of an existing
categorical exclusion or the establishment of 1
or more new categorical exclusions developed in
compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is
necessary to undertake an activity described in
paragraph (1) in a manner consistent with the
authorities and requirements in this Act; and
(B) revise relevant agency regulations and policy
statements, as necessary, to modify existing
categorical exclusions or incorporate new categorical
exclusions based on the evaluation conducted under
subparagraph (A).
(c) Needs Assessments.--Except as required under subsection (c) or
(d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary
concerned shall not conduct a needs assessment as a condition of
issuing 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)).
(d) Online Applications.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall make the application for 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)), including a reissuance of a special recreation
permit under that section, available for completion and submission--
(1) online;
(2) by mail or electronic mail; and
(3) in person at the field office for the applicable
Federal recreational lands and waters.
(e) Organized Group Activity or Event Special Recreation Permits.--
(1) Definitions.--In this subsection:
(A) Organized group activity or event special
recreation permit.--The term ``organized group activity
or event special recreation permit'' means a special
recreation permit described in paragraph
(13)(A)(iii)(I) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended
by section 202(10)).
(B) Youth group.--The term ``youth group'' means a
recreation service provider that predominantly serves
individuals not older than 25 years of age.
(2) Exemption from certain allocations of use.--If the
Secretary concerned allocates visitor-use days available for an
area or activity on Federal recreational lands and waters among
recreation service providers that hold a permit described in
paragraph (13)(A)(iv) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
section 202(10)), an organized group activity or event special
recreation permit shall not be subject to that allocation of
visitor-use days.
(3) Issuance.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), if use by the general public
is not subject to a limited entry permit system and
capacity is available for the times or days in which
the proposed activity or event would be undertaken
under an application for an organized group activity or
event special recreation permit submitted by a
recreation service provider (including a youth group),
the Secretary concerned may issue the organized group
activity or event special recreation permit, subject to
any terms and conditions determined to be appropriate
by the Secretary concerned.
(B) Nominal effects permits.--Except as provided in
subparagraph (C), if the Secretary concerned determines
that an activity or event to be undertaken by a
recreation service provider (including a youth group)
proposed in an application for an organized group
activity or event special recreation permit would
require terms and conditions to ensure the proposed
activity or event would have only nominal effects on
Federal recreational lands and waters, resources, and
programs, the Secretary concerned shall issue the
organized group activity or event special recreation
permit, subject to such terms and conditions, if use by
the general public is not subject to a limited entry
permit system and capacity is available for the times
or days in which the proposed activity or event would
be undertaken under the organized group activity or
event special recreation permit.
(C) No permit required.--The Secretary concerned
shall not require an organized group activity or event
special recreation permit for a recreation activity or
event conducted by a special recreation provider
(including a youth group) if the Secretary concerned
determines based on the review of a proposal that--
(i) the proposed activity or event to be
undertaken would have only nominal effects on
Federal recreational lands and waters,
resources, and programs; and
(ii) establishing additional terms and
conditions for the proposed activity or event
is not necessary to protect or avoid conflict
on or with Federal recreational lands and
waters, resources, and programs.
(4) Fees.--The Secretary concerned may elect not to charge
a fee to a recreation service provider (including a youth
group) for an organized group activity or event special
recreation permit.
(5) Savings clause.--Nothing in this subsection prevents
the Secretary concerned from limiting or abating issuance of an
organized group activity or event special recreation permit,
based on resource conditions, administrative burdens, or safety
issues.
SEC. 322. SERVICE FIRST INITIATIVE AND MULTIJURISDICTIONAL TRIPS.
(a) Repeal.--Section 330 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), is
repealed.
(b) Cooperative Action and Sharing of Resources by the Secretaries
of the Interior and Agriculture.--
(1) In general.--For fiscal year 2012 and each fiscal year
thereafter, the Secretaries, subject to annual review of
Congress, may carry out an initiative, to be known as the
``Service First Initiative'', under which the Secretaries and
agencies and bureaus within the Department of the Interior and
the Department of Agriculture--
(A) may establish programs to conduct projects,
planning, permitting, leasing, contracting, and other
activities, either jointly or on behalf of each other;
(B) may co-locate in Federal offices and facilities
leased by an agency of the Department of the Interior
or the Department of Agriculture; and
(C) may issue special rules to test the feasibility
of issuing unified permits, applications, and leases.
(2) Delegations of authority.--The Secretaries may make
reciprocal delegations of the respective authorities, duties,
and responsibilities of the Secretaries in support of the
Service First Initiative agency-wide to promote customer
service and efficiency.
(3) Effect.--Nothing in this section alters, expands, or
limits the applicability of any law (including regulations) to
land administered by the Bureau of Land Management, National
Park Service, United States Fish and Wildlife Service, or the
Forest Service or matters under the jurisdiction of any other
bureaus or offices of the Department of the Interior or the
Department of Agriculture, as applicable.
(4) Transfers of funding.--To facilitate the sharing of
resources under the Service First Initiative, the Secretaries
may make transfers of funds and reimbursements of funds on an
annual basis, including transfers and reimbursements for multi-
year projects, subject to the limitation that this authority
may not be used to circumvent requirements and limitations
imposed on the use of funds.
(c) Pilot Program for Permits for Multijurisdictional Trips.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall establish a pilot
program to offer to a person seeking an authorization for a
multijurisdictional trip a single joint special recreation
permit or commercial use authorization that authorizes the use
of each unit of Federal recreational lands and waters on which
the multijurisdictional trip occurs.
(2) Minimum number of permits.--Not later than 4 years
after the date of enactment of this Act, the Secretaries shall
issue not fewer than 10 single joint special recreation permits
described in paragraph (13)(A)(iv) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by section 202(10)) or commercial use authorizations
under the pilot program established under paragraph (1).
(3) Lead agencies.--In carrying out the pilot program
established under paragraph (1), the Secretaries shall--
(A) designate a lead agency for issuing and
administering a single joint special recreation permit
or commercial use authorization; and
(B) select not fewer than 4 offices at which a
person shall be able to apply for a single joint
special recreation permit or commercial use
authorization, of which--
(i) not fewer than 2 offices are managed by
the Secretary; and
(ii) not fewer than 2 offices are managed
by the Secretary of Agriculture, acting through
the Chief of the Forest Service.
(4) Retention of authority by the applicable secretary.--
Each of the Secretaries shall retain the authority to enforce
the terms, stipulations, conditions, and agreements in a single
joint special recreation permit or commercial use authorization
issued under the pilot program established under paragraph (1)
that apply specifically to the use occurring on the Federal
recreational lands and waters managed by the applicable
Secretary.
(5) Option to apply for separate permits or commercial use
authorizations.--A person seeking an authorization for a
multijurisdictional trip may apply for--
(A) a separate special recreation permit or
commercial use authorization for the use of each unit
of Federal recreational lands and waters on which the
multijurisdictional trip occurs; 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.
SEC. 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);
and
(B) the land management plan, resource management
plan, or equivalent plan applicable to the Federal
recreational lands and waters.
(c) Effect.--Nothing in this section affects any authority of,
regulation issued by, or decision of the Secretary concerned relating
to the use of electric bicycles on Federal recreational lands and
waters under any other Federal law.
SEC. 324. LIABILITY.
(a) Insurance Requirements.--
(1) In general.--Except as provided in paragraph (2), as a
condition of issuing a special recreation permit under
subsection (h)(1)(B) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
section 203(a)(3)) or a commercial use authorization, the
Secretary concerned may require the holder of the special
recreation permit or commercial use authorization to have a
commercial general liability insurance policy that--
(A) is commensurate with the level of risk of the
activities to be conducted under the special recreation
permit or commercial use authorization; and
(B) includes the United States as an additional
insured in an endorsement to the applicable policy.
(2) Exception.--The Secretary concerned shall not require a
holder of a special recreation permit or commercial use
authorization for low-risk activities, as determined by the
Secretary concerned, including commemorative ceremonies and
participation by the public in a recreation activity or
recreation use of a specific area of Federal recreational lands
and waters in which use by the public is allocated, to comply
with the requirements of paragraph (1).
(b) Indemnification by Governmental Entities.--The Secretary
concerned shall not require a State, State agency, State institution,
or political subdivision of a State to indemnify the United States for
tort liability as a condition for issuing a special recreation permit
or commercial use authorization to the extent the State, State agency,
State institution, or political subdivision of a State is precluded by
State law from providing indemnification to the United States for tort
liability, if the State, State agency, State institution, or political
subdivision of the State maintains the minimum amount of liability
insurance coverage required by the Federal land management agency for
the activities conducted under the special recreation permit or
commercial use authorization in the form of--
(1) a commercial general liability insurance policy, which
includes the United States as an additional insured in an
endorsement to the policy, if the State is authorized to obtain
commercial general liability insurance by State law; or
(2) self-insurance, which covers the United States as an
additional insured, if authorized by State law.
(c) Exculpatory Agreements.--
(1) In general.--Except as provided in paragraph (2), a
Federal land management agency shall not implement, administer,
or enforce any regulation, guidance, or policy prohibiting the
use of an exculpatory agreement between a recreation service
provider or a holder of a commercial use authorization and a
customer relating to services provided under a special
recreation permit or a commercial use authorization.
(2) Requirements.--Any exculpatory agreement used by a
recreation service provider or holder of a commercial use
authorization for an activity authorized under a special
recreation permit or commercial use authorization--
(A) shall shield the United States from any
liability, if otherwise allowable under Federal law;
and
(B) shall not waive any liability of the recreation
service provider that may not be waived under the laws
(including common law) of the applicable State or for
gross negligence, recklessness, or willful misconduct.
(3) Consistency.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall--
(A) review the policies of the Secretaries
pertaining to the use of exculpatory agreements by
recreation service providers; and
(B) revise any policy described in subparagraph (A)
as necessary to make the policies of the Secretaries
pertaining to the use of exculpatory agreements by
recreation service providers consistent with this
subsection and across all Federal recreational lands
and waters.
(d) Effect.--Nothing in this section applies to a concession
contract issued by the National Park Service for the provision of
accommodations, facilities, or services.
SEC. 325. COST RECOVERY REFORM.
(a) Cost Recovery for Special Recreation Permits.--In addition to a
fee collected under section 803 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) or any other authorized fee collected
by the Secretary concerned, the Secretary concerned may assess and
collect a reasonable fee from an applicant for, and holder of, a
special recreation permit to recover administrative costs incurred by
the Secretary concerned for--
(1) processing the special recreation permit; and
(2) monitoring the special recreation permit to ensure
compliance with the terms and conditions of the special
recreation permit.
(b) De Minimis Exemptions From Cost Recovery.--
(1) In general.--If the administrative costs described in
subsection (a) are assessed on an hourly basis, the Secretary
concerned shall establish an hourly de minimis threshold that
exempts a specified number of hours from the assessment and
collection of administrative costs described in subsection (a).
(2) Exemption.--If the Secretary concerned establishes a
threshold under paragraph (1) and assesses a fee under
subsection (a), the Secretary concerned shall charge an
applicant only for any hours that exceed the de minimis
threshold.
(c) Multiple Applications.--If the Secretary concerned processes
multiple applications for special recreation permits for similar
services in the same unit of Federal recreational lands and waters, the
Secretary concerned shall, to the extent practicable--
(1) assess from the applicants the fee described in
subsection (a) on a prorated basis; and
(2) apply the exemption described in subsection (b) to each
applicant on an individual basis.
(d) Limitation.--The Secretary concerned shall not assess or
collect administrative costs under this section for a programmatic
environmental review.
SEC. 326. PERMIT RELIEF FOR PICNIC AREAS.
(a) In General.--If the Secretary concerned does not require the
public to obtain a permit or reservation to access a picnic area on
Federal recreational lands and waters administered by the Chief of the
Forest Service or Director of the Bureau of Land Management, the
Secretary concerned may not require a covered person described in
subsection (b) to obtain a permit solely to access the picnic area.
(b) Description of Covered Persons.--A covered person referred to
in subsection (a) is a person (including an educational group) that
provides--
(1) outfitting and guiding services on Federal recreational
lands and waters; and
(2) the services described in paragraph (1) to fewer than
40 customers annually at the picnic area.
SEC. 327. INTERAGENCY REPORT ON SPECIAL RECREATION PERMITS FOR
UNDERSERVED COMMUNITIES.
(a) Definition of Covered Community.--In this section, the term
``covered community'' means a rural or urban, low-income, or
underserved community, including an Indian Tribe, that has been
underrepresented in outdoor recreation opportunities on Federal
recreational lands and waters.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretaries, acting jointly, shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that describes--
(1) the estimated use of special recreation permits serving
covered communities;
(2) examples of special recreation permits, partnerships,
cooperative agreements, or other arrangements providing access
to Federal recreational lands and waters for covered
communities;
(3) other ways covered communities are engaging on Federal
recreational lands and waters, including through stewardship
and conservation projects or activities;
(4) any barriers for recreation service providers or
prospective recreation service providers operating within or
serving a covered community; and
(5) any recommendations to facilitate and increase
permitted access to Federal recreational lands and waters for
covered communities.
Subtitle C--Effect
SEC. 331. EFFECT.
Except as provided in sections 311(a), 322, and 324, nothing in
this title (including an amendment made by this title) affects the
authority or responsibility of the Secretary to award concessions
contracts for the provision of accommodations, facilities, or services,
or commercial use authorizations.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. FILMING AND STILL PHOTOGRAPHY WITHIN THE NATIONAL PARK SYSTEM
AND ON OTHER FEDERAL LAND.
(a) Filming in National Park System Units.--
(1) In general.--Chapter 1009 of title 54, United States
Code, is amended by striking section 100905 and inserting the
following:
``Sec. 100905. Filming and still photography in System units
``(a) Filming and Still Photography.--
``(1) In general.--The Secretary shall ensure that a
filming or still photography activity or similar project in a
System unit (referred to in this section as a `filming or still
photography activity') and the authorizing or permitting of a
filming or still photography activity are carried out
consistent with--
``(A) the laws and policies applicable to the
Service; and
``(B) an applicable general management plan.
``(2) No permits required.--The Secretary shall not require
an authorization or a permit or assess a fee, if a fee for a
filming or still photography activity is not otherwise required
by law, for a filming or still photography activity that--
``(A)(i) involves fewer than 6 individuals; and
``(ii) meets each of the requirements described in
paragraph (5); or
``(B) is merely incidental to, or documenting, an
activity or event that is allowed or authorized at the
System unit, regardless of--
``(i) the number of individuals
participating in the allowed or authorized
activity or event; or
``(ii) whether any individual receives
compensation for any products of the filming or
still photography activity.
``(3) Filming and still photography authorizations for de
minimis use.--
``(A) In general.--The Secretary shall establish a
de minimis use authorization for certain filming or
still photography activities that meets the
requirements described in subparagraph (F).
``(B) Policy.--For a filming or still photography
activity that meets the requirements described in
subparagraph (F), the Secretary--
``(i) may require a de minimis use
authorization; and
``(ii) shall not require a permit.
``(C) No fee.--The Secretary shall not charge a fee
for a de minimis use authorization under this
paragraph.
``(D) Access.--The Secretary shall enable members
of the public to apply for and obtain a de minimis use
authorization under this paragraph--
``(i) through the website of the Service;
and
``(ii) in person at the field office of the
applicable System unit.
``(E) Issuances.--The Secretary shall--
``(i) establish a procedure--
``(I) to automate the approval of
an application submitted through the
website of the Service under
subparagraph (D)(i); and
``(II) to issue a de minimis use
authorization under this paragraph
immediately on receipt of an
application that is submitted in person
at the field office of the applicable
System unit under subparagraph (D)(ii);
and
``(ii) if an application submitted under
subparagraph (D) meets the requirements of this
paragraph, immediately on receipt of the
application issue a de minimis use
authorization for the filming or still
photography activity.
``(F) Requirements.--The Secretary shall only issue
a de minimis use authorization under this paragraph if
the filming or still photography activity--
``(i) involves a group of not fewer than 6
individuals and not more than 8 individuals;
``(ii) meets each of the requirements
described in paragraph (5); and
``(iii) is consistent with subsection (c).
``(G) Contents.--A de minimis use authorization
issued under this paragraph shall list the requirements
described in subparagraph (F).
``(4) Required permits.--Except as provided in paragraph
(2)(B), the Secretary may require a permit application and, if
a permit is issued, assess a reasonable fee, as described in
subsection (b)(1), for a filming or still photography activity
that--
``(A) involves more than 8 individuals;
``(B) does not meet each of the requirements
described in paragraph (5); or
``(C) is conducted in a component of the National
Wilderness Preservation System.
``(5) Requirements for filming or still photography
activity.--The requirements referred to in paragraphs
(2)(A)(ii), (3)(F)(ii), (4)(B) , and (7)(C) are as follows:
``(A) A person conducts the filming or still
photography activity in a manner that--
``(i) does not impede or intrude on the
experience of other visitors to the applicable
System unit;
``(ii) except as otherwise authorized, does
not disturb or negatively impact--
``(I) a natural or cultural
resource; or
``(II) an environmental or scenic
value; and
``(iii) allows for equitable allocation or
use of facilities of the applicable System
unit.
``(B) The person conducts the filming or still
photography activity at a location in which the public
is allowed.
``(C) The person conducting the filming or still
photography activity does not require the exclusive use
of a site or area.
``(D) The person does not conduct the filming or
still photography activity in a localized area that
receives a very high volume of visitation.
``(E) The person conducting the filming or still
photography activity does not use a set or staging
equipment, subject to the limitation that handheld
equipment (such as a tripod, monopod, and handheld
lighting equipment) shall not be considered staging
equipment for the purposes of this subparagraph.
``(F) The person conducting the filming or still
photography activity complies with and adhere to
visitor use policies, practices, and regulations
applicable to the applicable System unit.
``(G) The filming or still photography activity is
not likely to result in additional administrative costs
being incurred by the Secretary with respect to the
filming or still photography activity, as determined by
the Secretary.
``(H) The person conducting the filming or still
photography activity complies with other applicable
Federal, State, and local laws (including regulations),
including laws relating to the use of unmanned aerial
equipment.
``(6) Content creation.--Regardless of distribution
platform, any video, still photograph, or audio recording for
commercial or noncommercial content creation in a System unit
shall be considered to be a filming or still photography
activity under this subsection.
``(7) Effect.--
``(A) Permits requested though not required.--On
the request of a person intending to carry out a
filming or still photography activity, the Secretary
may issue a permit for the filming or still photography
activity, even if a permit for the filming or still
photography activity is not required under this
section.
``(B) No additional permits, commercial use
authorizations, or fees for filming and still
photography at authorized events.--A filming or still
photography activity at an activity or event that is
allowed or authorized, including a wedding, engagement
party, family reunion, or celebration of a graduate,
shall be considered merely incidental for the purposes
of paragraph (2)(B).
``(C) Monetary compensation.--The receipt of
monetary compensation by the person conducting the
filming or still photography activity shall not affect
the permissibility of the filming or still photography
activity.
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in subsection
(a)(4) shall meet each of the following criteria:
``(A) The reasonable fee shall provide a fair
return to the United States.
``(B) The reasonable fee shall be based on the
following criteria:
``(i) The number of days of the filming or
still photography activity.
``(ii) The size of the film or still
photography crew present in the System unit.
``(iii) The quantity and type of film or
still photography equipment present in the
System unit.
``(iv) Any other factors that the Secretary
determines to be necessary.
``(2) Recovery of costs.--
``(A) In general.--The Secretary shall collect from
the applicant for the applicable permit any costs
incurred by the Secretary related to a filming or still
photography activity subject to a permit under
subsection (a)(4), including--
``(i) the costs of the review or issuance
of the permit; and
``(ii) related administrative and personnel
costs.
``(B) Effect on fees collected.--All costs
recovered under subparagraph (A) shall be in addition
to the fee described in paragraph (1).
``(3) Use of proceeds.--
``(A) Fees.--All fees collected under this section
shall--
``(i) be available for expenditure by the
Secretary, without further appropriation; and
``(ii) remain available until expended.
``(B) Costs.--All costs recovered under paragraph
(2)(A) shall--
``(i) be available for expenditure by the
Secretary, without further appropriation, at
the System unit at which the costs are
collected; and
``(ii) remain available until expended.
``(c) Protection of Resources.--The Secretary shall not allow a
person to undertake a filming or still photography activity if the
Secretary determines that--
``(1) there is a likelihood that the person would cause
resource damage at the System unit, except as otherwise
authorized;
``(2) the person would create an unreasonable disruption of
the use and enjoyment by the public of the System unit; or
``(3) the filming or still photography activity poses a
health or safety risk to the public.
``(d) Processing of Permit Applications.--
``(1) In general.--The Secretary shall establish a process
to ensure that the Secretary responds in a timely manner to an
application for a permit for a filming or still photography
activity required under subsection (a)(4).
``(2) Coordination.--If a permit is required under this
section for 2 or more Federal agencies or System units, the
Secretary and the head of any other applicable Federal agency,
as applicable, shall, to the maximum extent practicable,
coordinate permit processing procedures, including through the
use of identifying a lead agency or lead System unit--
``(A) to review the application for the permit;
``(B) to issue the permit; and
``(C) to collect any required fees.''.
(2) Clerical amendment.--The table of sections for chapter
1009 of title 54, United States Code, is amended by striking
the item relating to section 100905 and inserting the
following:
``100905. Filming and still photography in System units.''.
(b) Filming on Other Federal Land.--Public Law 106-206 (16 U.S.C.
460l-6d) is amended by striking section 1 and inserting the following:
``SECTION 1. FILMING AND STILL PHOTOGRAPHY.
``(a) Filming and Still Photography.--
``(1) In general.--The Secretary concerned shall ensure
that a filming or still photography activity or similar project
at a Federal land management unit (referred to in this section
as a `filming or still photography activity') and the
authorizing or permitting of a filming or still photography
activity are carried out consistent with--
``(A) the laws and policies applicable to the
Secretary concerned; and
``(B) an applicable general management plan.
``(2) No permits required.--The Secretary concerned shall
not require an authorization or a permit or assess a fee, if a
fee for a filming or still photography activity is not
otherwise required by law, for a filming or still photography
activity that--
``(A)(i) involves fewer than 6 individuals; and
``(ii) meets each of the requirements described in
paragraph (5); or
``(B) is merely incidental to, or documenting, an
activity or event that is allowed or authorized at the
Federal land management unit, regardless of--
``(i) the number of individuals
participating in the allowed or authorized
activity or event; or
``(ii) whether any individual receives
compensation for any products of the filming or
still photography activity.
``(3) Filming and still photography authorizations for de
minimis use.--
``(A) In general.--The Secretary concerned shall
establish a de minimis use authorization for certain
filming or still photography activities that meets the
requirements described in subparagraph (F).
``(B) Policy.--For a filming or still photography
activity that meets the requirements described in
subparagraph (F), the Secretary concerned--
``(i) may require a de minimis use
authorization; and
``(ii) shall not require a permit.
``(C) No fee.--The Secretary concerned shall not
charge a fee for a de minimis use authorization under
this paragraph.
``(D) Access.--The Secretary concerned shall enable
members of the public to apply for and obtain a de
minimis use authorization under this paragraph--
``(i) through the website of the Department
of the Interior or the Forest Service, as
applicable; and
``(ii) in person at the field office for
the Federal land management unit.
``(E) Issuances.--The Secretary concerned shall--
``(i) establish a procedure--
``(I) to automate the approval of
an application submitted through the
website of the Department of the
Interior or the Forest Service, as
applicable, under subparagraph (D)(i);
and
``(II) to issue a de minimis use
authorization under this paragraph
immediately on receipt of an
application that is submitted in person
at the field office for the Federal
land management unit under subparagraph
(D)(ii); and
``(ii) if an application submitted under
subparagraph (D) meets the requirements of this
paragraph, immediately on receipt of the
application issue a de minimis use
authorization for the filming or still
photography activity.
``(F) Terms.--The Secretary concerned shall only
issue a de minimis use authorization under this
paragraph if the filming or still photography
activity--
``(i) involves a group of not fewer than 6
individuals and not more than 8 individuals;
``(ii) meets each of the requirements
described in paragraph (5); and
``(iii) is consistent with subsection (c).
``(G) Contents.--A de minimis use authorization
issued under this paragraph shall list the requirements
described in subparagraph (F).
``(4) Required permits.--Except as provided in paragraph
(2)(B), the Secretary concerned may require a permit
application and, if a permit is issued, assess a reasonable
fee, as described in subsection (b)(1), for a filming or still
photography activity that--
``(A) involves more than 8 individuals;
``(B) does not meet each of the requirements
described in paragraph (5); or
``(C) is conducted in a component of the National
Wilderness Preservation System.
``(5) Requirements for filming or still photography
activity.--The requirements referred to in paragraphs
(2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) are as follows:
``(A) A person conducts the filming or still
photography activity in a manner that--
``(i) does not impede or intrude on the
experience of other visitors to the Federal
land management unit;
``(ii) except as otherwise authorized, does
not disturb or negatively impact--
``(I) a natural or cultural
resource; or
``(II) an environmental or scenic
value; and
``(iii) allows for equitable allocation or
use of facilities of the Federal land
management unit.
``(B) The person conducts the filming or still
photography activity at a location in which the public
is allowed.
``(C) The person conducting the filming or still
photography activity does not require the exclusive use
of a site or area.
``(D) The person does not conduct the filming or
still photography activity in a localized area that
receives a very high volume of visitation.
``(E) The person conducting the filming or still
photography activity does not use a set or staging
equipment, subject to the limitation that handheld
equipment (such as a tripod, monopod, and handheld
lighting equipment) shall not be considered staging
equipment for the purposes of this subparagraph.
``(F) The person conducting the filming or still
photography activity complies with and adhere to
visitor use policies, practices, and regulations
applicable to the Federal land management unit.
``(G) The filming or still photography activity is
not likely to result in additional administrative costs
being incurred by the Secretary concerned with respect
to the filming or still photography activity, as
determined by the Secretary concerned.
``(H) The person conducting the filming or still
photography activity complies with other applicable
Federal, State, and local laws (including regulations),
including laws relating to the use of unmanned aerial
equipment.
``(6) Content creation.--Regardless of distribution
platform, any video, still photograph, or audio recording for
commercial or noncommercial content creation at a Federal land
management unit shall be considered to be a filming or still
photography activity under this subsection.
``(7) Effect.--
``(A) Permits requested though not required.--On
the request of a person intending to carry out a
filming or still photography activity, the Secretary
concerned may issue a permit for the filming or still
photography activity, even if a permit for the filming
or still photography activity is not required under
this section.
``(B) No additional permits, commercial use
authorizations, or fees for filming and still
photography at authorized events.--A filming or still
photography activity at an activity or event that is
allowed or authorized, including a wedding, engagement
party, family reunion, or celebration of a graduate,
shall be considered merely incidental for the purposes
of paragraph (2)(B).
``(C) Monetary compensation.--The receipt of
monetary compensation by the person engaged in the
filming or still photography activity shall not affect
the permissibility of the filming or still photography
activity.
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in subsection
(a)(4) shall meet each of the following criteria:
``(A) The reasonable fee shall provide a fair
return to the United States.
``(B) The reasonable fee shall be based on the
following criteria:
``(i) The number of days of the filming or
still photography activity.
``(ii) The size of the film or still
photography crew present at the Federal land
management unit.
``(iii) The quantity and type of film or
still photography equipment present at the
Federal land management unit.
``(iv) Any other factors that the Secretary
concerned determines to be necessary.
``(2) Recovery of costs.--
``(A) In general.--The Secretary concerned shall
collect from the applicant for the applicable permit
any costs incurred by the Secretary concerned related
to a filming or still photography activity subject to a
permit under subsection (a)(4), including--
``(i) the costs of the review or issuance
of the permit; and
``(ii) related administrative and personnel
costs.
``(B) Effect on fees collected.--All costs
recovered under subparagraph (A) shall be in addition
to the fee described in paragraph (1).
``(3) Use of proceeds.--
``(A) Fees.--All fees collected under this section
shall--
``(i) be available for expenditure by the
Secretary concerned, without further
appropriation; and
``(ii) remain available until expended.
``(B) Costs.--All costs recovered under paragraph
(2)(A) shall--
``(i) be available for expenditure by the
Secretary concerned, without further
appropriation, at the Federal land management
unit at which the costs are collected; and
``(ii) remain available until expended.
``(c) Protection of Resources.--The Secretary concerned shall not
allow a person to undertake a filming or still photography activity if
the Secretary concerned determines that--
``(1) there is a likelihood that the person would cause
resource damage at the Federal land management unit, except as
otherwise authorized;
``(2) the person would create an unreasonable disruption of
the use and enjoyment by the public of the Federal land
management unit; or
``(3) the filming or still photography activity poses a
health or safety risk to the public.
``(d) Processing of Permit Applications.--
``(1) In general.--The Secretary concerned shall establish
a process to ensure that the Secretary concerned responds in a
timely manner to an application for a permit for a filming or
still photography activity required under subsection (a)(4).
``(2) Coordination.--If a permit is required under this
section for 2 or more Federal agencies or Federal land
management units, the Secretary concerned and the head of any
other applicable Federal agency, as applicable, shall, to the
maximum extent practicable, coordinate permit processing
procedures, including through the use of identifying a lead
agency or lead Federal land management unit--
``(A) to review the application for the permit;
``(B) to issue the permit; and
``(C) to collect any required fees.
``(e) Definitions.--In this section:
``(1) Federal land management unit.--The term `Federal land
management unit' means--
``(A) Federal land (other than National Park System
land) under the jurisdiction of the Secretary of the
Interior; and
``(B) National Forest System land.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of the Interior, with respect
to land described in paragraph (1)(A); and
``(B) the Secretary of Agriculture, with respect to
land described in paragraph (1)(B).''.
SEC. 402. VOLUNTEER ENHANCEMENT PROGRAM.
The Volunteers in the National Forests Act of 1972 (16 U.S.C. 558a
et seq.) is amended--
(1) by striking section 5;
(2) by redesignating the first section and sections 2, 3,
and 4 as sections 4, 5, 6, and 9, respectively;
(3) by inserting before section 4 (as so redesignated) the
following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Volunteers in the National Forests
and Public Land Act'.
``SEC. 2. PURPOSE.
``The purpose of this Act is to leverage volunteer engagement to
supplement projects carried out by the Secretaries to fulfill the
missions of the Forest Service and the Bureau of Land Management that
are accomplished with appropriated funds.
``SEC. 3. DEFINITION OF SECRETARIES.
``In this Act, the term `Secretaries' means each of--
``(1) the Secretary of Agriculture, acting through the
Chief of the Forest Service; and
``(2) the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.'';
(4) in section 4 (as so redesignated)--
(A) by striking the section designation and all
that follows through ``(hereinafter referred to as the
`Secretary') is'' in the first sentence and inserting
the following:
``SEC. 4. AUTHORIZATION.
``The Secretaries are'';
(B) in the first sentence--
(i) by inserting ``and'' after ``civil
service'';
(ii) by inserting ``recreation access,
trail construction or maintenance, facility
construction or maintenance, educational uses
(including outdoor classroom construction or
maintenance),'' after ``for or in aid of''; and
(iii) by striking ``Secretary through the
Forest Service'' and inserting ``Secretaries'';
and
(C) in the second sentence, by striking
``Secretary'' and inserting ``Secretaries'';
(5) in section 5 (as so redesignated)--
(A) by striking the section designation and all
that follows through ``Secretary is'' and inserting the
following:
``SEC. 5. INCIDENTAL EXPENSES.
``The Secretaries are''; and
(B) by inserting ``training, equipment,'' after
``lodging,'';
(6) in section 6 (as so redesignated)--
(A) by striking the section designation and all
that follows through ``(a) Except as'' and inserting
the following:
``SEC. 6. CONSIDERATION AS FEDERAL EMPLOYEE.
``(a) Except as''; and
(B) in subsection (e)--
(i) in the matter preceding paragraph (1),
by striking ``the Secretary'' and inserting
``either of the Secretaries'';
(ii) in paragraph (1), by striking ``with
the Secretary'' and inserting ``or cooperative
agreement with either of the Secretaries''; and
(iii) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by striking ``the
Secretary in the mutual benefit
agreement'' and inserting ``either of
the Secretaries in the mutual benefit
agreement or cooperative agreement'';
(II) in subparagraph (A), by
striking ``to be performed by the
volunteers'' and inserting ``,
including the geographic boundaries of
the work to be performed by the
volunteers,'';
(III) in subparagraph (B), by
striking ``and'' at the end;
(IV) in subparagraph (C)--
(aa) by striking ``the
Secretary, when feasible'' and
inserting ``either of the
Secretaries, if feasible and
only if necessary''; and
(bb) by striking the period
at the end and inserting a
semicolon; and
(V) by adding at the end the
following:
``(D) the equipment the volunteers are authorized
to use;
``(E) the training the volunteers are required to
complete;
``(F) the actions the volunteers are authorized to
take; and
``(G) any other terms and conditions that are
determined to be necessary by the applicable
Secretary.'';
(7) by inserting before section 9 (as so redesignated), the
following:
``SEC. 7. PROMOTION OF VOLUNTEER OPPORTUNITIES.
``The Secretaries shall promote volunteer opportunities in areas
administered by the Secretaries.
``SEC. 8. LIABILITY INSURANCE.
``The Secretaries shall not require a cooperator or volunteer (as
those terms are used in section 6) to have liability insurance to
provide the volunteer services authorized under this Act.''; and
(8) in section 9 (as so redesignated), by striking the
section designation and all that follows through ``There are''
and inserting the following:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are''.
SEC. 403. CAPE AND ANTLER PRESERVATION ENHANCEMENT.
Section 104909(c) of title 54, United States Code, is amended by
striking ``meat from'' and inserting ``meat and any other part of an
animal removed pursuant to''.
SEC. 404. FEDERAL LAND AND WATER AQUATIC RESOURCE ACTIVITIES
ASSISTANCE.
(a) Definitions.--In this section:
(1) Aquatic nuisance species task force.--The term
``Aquatic Nuisance Species Task Force'' means the Aquatic
Nuisance Species Task Force established by section 1201(a) of
the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4721(a)).
(2) Federal land and water.--The term ``Federal land and
water'' means Federal land and water operated and maintained by
the Bureau of Land Management, Bureau of Reclamation, or the
National Park Service, as applicable.
(3) Inspection.--The term ``inspection'' means an
inspection to prevent and respond to biological invasions of an
aquatic ecosystem.
(4) Partner.--The term ``partner'' means--
(A) a Reclamation State;
(B) an Indian Tribe in a Reclamation State;
(C) an applicable nonprofit organization in a
Reclamation State; or
(D) a unit of local government in a Reclamation
State.
(5) Reclamation state.--The term ``Reclamation State''
includes any of the States of--
(A) Alaska;
(B) Arizona;
(C) California;
(D) Colorado;
(E) Idaho;
(F) Kansas;
(G) Montana;
(H) Nebraska;
(I) Nevada;
(J) New Mexico;
(K) North Dakota;
(L) Oklahoma;
(M) Oregon;
(N) South Dakota;
(O) Texas;
(P) Utah;
(Q) Washington; and
(R) Wyoming.
(b) Authority of Bureau of Land Management, Bureau of Reclamation,
and National Park Service With Respect to Certain Aquatic Resource
Activities on Federal Land and Water.--
(1) In general.--The Secretary, acting through the Director
of the Bureau of Land Management, the Commissioner of
Reclamation, and the Director of the National Park Service, may
inspect and decontaminate vessels entering and leaving Federal
land and water located within a river basin that contains a
Bureau of Reclamation water project.
(2) Requirements.--The Secretary, acting through the
Director of the Bureau of Land Management, the Commissioner of
Reclamation, and the Director of the National Park Service,
shall--
(A) in carrying out an inspection under paragraph
(1), coordinate with 1 or more partners;
(B) consult with the Aquatic Nuisance Species Task
Force to identify potential improvements and
efficiencies in the detection and management of
invasive species on Federal land and water; and
(C) to the maximum extent practicable, inspect
vessels in a manner that minimizes disruptions to
public access for boating and recreation in
noncontaminated vessels.
(3) Partnerships.--The Secretary, acting through the
Director of the Bureau of Land Management, the Commissioner of
Reclamation, and the Director of the National Park Service, may
enter into a partnership to provide technical assistance to a
partner--
(A) to carry out an inspection or decontamination
of vessels; or
(B) to establish an inspection and decontamination
station for vessels.
(4) Limitation.--The Secretary, acting through the Director
of the Bureau of Land Management, the Commissioner of
Reclamation, and the Director of the National Park Service,
shall not prohibit access to vessels under this subsection in
the absence of an inspector.
(5) Data sharing.--The Secretary, acting through the
Director of the Bureau of Land Management, the Commissioner of
Reclamation, and the Director of the National Park Service,
shall make available to a Reclamation State any data gathered
related to inspections carried out in the Reclamation State
under this subsection.
(c) Grant Program for Reclamation States for Vessel Inspection and
Decontamination Stations.--
(1) Vessels inspections in reclamation states.--Subject to
the availability of appropriations, the Secretary, acting
through the Commissioner of Reclamation, shall establish a
competitive grant program to provide grants to partners to
conduct inspections and decontamination of vessels operating in
reservoirs operated and maintained by the Secretary, including
to purchase, establish, operate, or maintain a vessel
inspection and decontamination station.
(2) Cost share.--The Federal share of the cost of a grant
under paragraph (1), including personnel costs, shall not
exceed 75 percent.
(3) Standards.--Before awarding a grant under paragraph
(1), the Secretary shall determine that the project is
technically and financially feasible.
(4) Coordination.--In carrying out this subsection, the
Secretary shall coordinate with--
(A) each of the Reclamation States;
(B) affected Indian Tribes; and
(C) the Aquatic Nuisance Species Task Force.
SEC. 405. AMENDMENTS TO THE MODERNIZING ACCESS TO OUR PUBLIC LAND ACT.
The Modernizing Access to Our Public Land Act (Public Law 117-114)
is amended--
(1) in section 3(1), by striking ``public outdoor
recreational use'' and inserting ``recreation sites'';
(2) in section 5(a)(4), by striking ``permanently
restricted or prohibited'' and inserting ``regulated or
closed''; and
(3) in section 6(b)--
(A) by striking ``may'' and inserting ``shall'';
and
(B) by striking ``the Secretary of the Interior''
and inserting ``the Secretaries''.
SEC. 406. OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that represents or otherwise serves a qualifying urban
area.
(2) Eligible nonprofit organization.--The term ``eligible
nonprofit organization'' means an organization that is
described in section 501(c)(3) of the Internal Revenue Code of
1986 and is exempt from taxation under section 501(a) of such
code.
(3) Entity.--The term ``entity'' means--
(A) a State;
(B) a political subdivision of a State, including--
(i) a city;
(ii) a county; and
(iii) a special purpose district that
manages open space, including a park district;
and
(C) an Indian Tribe, urban Indian organization, or
Alaska Native or Native Hawaiian community or
organization.
(4) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) an amount equal to 200 percent of the Federal
poverty line.
(5) Outdoor recreation legacy partnership program.--The
term ``Outdoor Recreation Legacy Partnership Program'' means
the program established under subsection (b)(1).
(6) Qualifying urban area.--The term ``qualifying urban
area'' means--
(A) an urbanized area or urban cluster that has a
population of 25,000 or more in the most recent census;
(B) 2 or more adjacent urban clusters with a
combined population of 25,000 or more in the most
recent census; or
(C) an area administered by an Indian Tribe or an
Alaska Native or Native Hawaiian community
organization.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the
United States.
(b) Grants Authorized.--
(1) Establishment of program.--
(A) In general.--The Secretary shall establish an
outdoor recreation legacy partnership program under
which the Secretary may award grants to eligible
entities for projects--
(i) to acquire land and water for parks and
other outdoor recreation purposes in qualifying
urban areas; and
(ii) to develop new or renovate existing
outdoor recreation facilities that provide
outdoor recreation opportunities to the public
in qualifying urban areas.
(B) Priority.--In awarding grants to eligible
entities under subparagraph (A), the Secretary shall
give priority to projects that--
(i) create or significantly enhance access
to park and recreational opportunities in an
urban neighborhood or community;
(ii) engage and empower underserved
communities and youth;
(iii) provide employment or job training
opportunities for youth or underserved
communities;
(iv) establish or expand public-private
partnerships, with a focus on leveraging
resources; and
(v) take advantage of coordination among
various levels of government.
(2) Matching requirement.--
(A) In general.--As a condition of receiving a
grant under paragraph (1), an eligible entity shall
provide matching funds in the form of cash or an in-
kind contribution in an amount equal to not less than
100 percent of the amounts made available under the
grant.
(B) Waiver.--The Secretary may waive all or part of
the matching requirement under subparagraph (A) if the
Secretary determines that--
(i) no reasonable means are available
through which the eligible entity can meet the
matching requirement; and
(ii) the probable benefit of the project
outweighs the public interest in the matching
requirement.
(C) Administrative expenses.--Not more than 10
percent of funds provided to an eligible entity under a
grant awarded under paragraph (1) may be used for
administrative expenses.
(3) Considerations.--In awarding grants to eligible
entities under paragraph (1), the Secretary shall consider the
extent to which a project would--
(A) provide recreation opportunities in underserved
communities in which access to parks is not adequate to
meet local needs;
(B) provide opportunities for outdoor recreation
and public land volunteerism;
(C) support innovative or cost-effective ways to
enhance parks and other recreation--
(i) opportunities; or
(ii) delivery of services;
(D) support park and recreation programming
provided by cities, including cooperative agreements
with community-based eligible nonprofit organizations;
(E) develop Native American event sites and
cultural gathering spaces; and
(F) provide benefits such as community resilience,
reduction of urban heat islands, enhanced water or air
quality, or habitat for fish or wildlife.
(4) Eligible uses.--
(A) In general.--Subject to subparagraph (B), a
grant recipient may use a grant awarded under paragraph
(1) for a project described in subparagraph (A) or (B)
of that paragraph.
(B) Limitations on use.--A grant recipient may not
use grant funds for--
(i) incidental costs related to land
acquisition, including appraisal and titling;
(ii) operation and maintenance activities;
(iii) facilities that support
semiprofessional or professional athletics;
(iv) indoor facilities, such as recreation
centers or facilities that support primarily
non-outdoor purposes; or
(v) acquisition of land or interests in
land that restrict access to specific persons.
(c) Review and Evaluation Requirements.--In carrying out the
Outdoor Recreation Legacy Partnership Program, the Secretary shall--
(1) conduct an initial screening and technical review of
applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate
information to eligible entities (including low-income
communities and eligible entities serving low-income
communities) on--
(A) the opportunity to apply for grants under this
section;
(B) the application procedures by which eligible
entities may apply for grants under this section; and
(C) eligible uses for grants under this section.
(d) Reporting.--
(1) Annual reports.--Not later than 30 days after the last
day of each report period, each State lead agency that receives
a grant under this section shall annually submit to the
Secretary performance and financial reports that--
(A) summarize project activities conducted during
the report period; and
(B) provide the status of the project.
(2) Final reports.--Not later than 90 days after the
earlier of the date of expiration of a project period or the
completion of a project, each State lead agency that receives a
grant under this section shall submit to the Secretary a final
report containing such information as the Secretary may
require.
SEC. 407. RECREATION BUDGET CROSSCUT.
Not later than 30 days after the end of each fiscal year,
beginning with fiscal year 2023, the Director of the Office of
Management and Budget shall submit to Congress and make public online a
report that describes and itemizes the total amount of funding relating
to outdoor recreation that was obligated in the preceding fiscal year
in accounts in the Treasury for the Department of the Interior and the
Department of Agriculture.
Calendar No. 501
117th CONGRESS
2d Session
S. 3266
[Report No. 117-158]
_______________________________________________________________________
A BILL
To improve recreation opportunities on, and facilitate greater access
to, Federal public land, and for other purposes.
_______________________________________________________________________
September 21, 2022
Reported with an amendment