[Congressional Record Volume 162, Number 20 (Wednesday, February 3, 2016)]
[Senate]
[Pages S607-S608]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3246. Mr. ENZI (for himself and Mr. Bennet) submitted an amendment
intended to be proposed to amendment SA 2953 proposed by Ms. Murkowski
to the bill S. 2012, to provide for the modernization of the energy
policy of the United States, and for other purposes; which was ordered
to lie on the table; as follows:
At the end, add the following:
TITLE VI--NATIONAL FOREST SYSTEM TRAIL MAINTENANCE
SEC. 6001. DEFINITIONS.
In this title:
(1) Administrative unit.--The term ``Administrative Unit''
means a national forest or national grassland.
(2) Outfitter or guide.--The term ``outfitter or guide''
means an individual, organization, or business who provides
outfitting or guiding services, as defined in section 251.51
of title 36, Code of Federal Regulations.
(3) Partner.--The term ``partner'' means a non-Federal
entity that engages in a partnership.
(4) Partnership.--The term ``partnership'' means
arrangements between the Department of Agriculture or the
Forest Service and a non-Federal entity that are voluntary,
mutually beneficial, and entered into for the purpose of
mutually agreed upon objectives.
(5) Priority area.--The term ``priority area'' means a
well-defined region on National Forest System land selected
by the Secretary under section 6003(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Strategy.--The term ``strategy'' means the National
Forest System Trails Volunteer and Partnership Strategy
authorized by section 6002(a).
(8) Trail maintenance.--The term ``trail maintenance''
means any activity to maintain the usability and
sustainability of trails within the National Forest System,
including--
(A) ensuring trails are passable by the users for which
they are managed;
(B) preventing environmental damage resulting from trail
deterioration;
(C) protecting public safety; and
(D) averting future deferred maintenance costs.
(9) Volunteer.--The term ``volunteer'' means an individual
whose services are accepted by the Secretary without
compensation under the Volunteers in the National Forests Act
of 1972 (16 U.S.C. 558a et seq.).
SEC. 6002. NATIONAL FOREST SYSTEM TRAILS VOLUNTEER AND
PARTNERSHIP STRATEGY.
(a) In General.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register a strategy to significantly increase the
role of volunteers and partners in trail maintenance.
(b) Required Elements.--The strategy required by subsection
(a) shall--
(1) augment and support the capabilities of Federal
employees to carry out or contribute to trail maintenance;
(2) provide meaningful opportunities for volunteers and
partners to carry out trail maintenance in each region of the
Forest Service;
(3) address the barriers to increased volunteerism and
partnerships in trail maintenance identified by volunteers,
partners, and others;
(4) prioritize increased volunteerism and partnerships in
trail maintenance in those regions with the most severe trail
maintenance needs, and where trail maintenance backlogs are
jeopardizing access to National Forest lands; and
(5) aim to increase trail maintenance by volunteers and
partners by 100 percent by the date that is 5 years after the
date of the enactment of this Act.
(c) Additional Requirement.--As a component of the
strategy, the Secretary shall study opportunities to improve
trail maintenance by addressing opportunities to use fire
crews in trail maintenance activities in a manner that does
not jeopardize firefighting capabilities, public safety, or
resource protection. Upon a determination that trail
maintenance would be advanced by use of fire crews in trail
maintenance, the Secretary shall incorporate these proposals
into the strategy, subject to such terms and conditions as
the Secretary determines to be necessary.
(d) Volunteer Liability.--
(1) In general.--Section 3 of the Volunteers in the
National Forests Act of 1972 (16 U.S.C. 558c) is amended by
adding at the end the following new subsection:
``(e) For the purposes of subsections (b), (c), and (d),
the term `volunteer' includes a person providing volunteer
services to the Secretary who--
``(1) is recruited, trained, and supported by a cooperator
under a mutual benefit agreement with the Secretary; and
``(2) performs such volunteer services under the
supervision of the cooperator as directed by the Secretary in
the mutual benefit agreement, including direction that
specifies--
``(A) the volunteer services to be performed by the
volunteers and the supervision to be provided by the
cooperator;
``(B) the applicable project safety standards and protocols
to be adhered to by the volunteers and enforced by the
cooperator; and
``(C) the on-site visits to be made by the Secretary, when
feasible, to verify that volunteers are performing the
volunteer services and the cooperator is providing the
supervision agreed upon.''.
(2) Additional requirement.--Not later than 2 years after
the date of the enactment of this Act, the Secretary shall
adopt regulations implementing this section. These
regulations shall ensure that the financial risk from claims
or liability associated with volunteers undertaking trail
maintenance is shared by all administrative units.
(e) Consultation.--The Secretary shall develop the strategy
in consultation with volunteer and partner trail maintenance
organizations, a broad array of outdoor recreation
stakeholders, and other relevant stakeholders.
(f) Volunteer and Partnership Coordination.--The Secretary
shall require each administrative unit to develop a volunteer
and partner coordination implementation plan for the strategy
which clearly defines roles and responsibilities for the
administrative unit and district staff, and includes
strategies to ensure sufficient coordination, assistance, and
support for volunteers and partners to improve trail
maintenance.
(g) Report.--
(1) Contents.--The Secretary shall prepare a report on--
(A) the effectiveness of the strategy in addressing the
trail maintenance backlog;
(B) the increase in volunteerism and partnership efforts on
trail maintenance as a result of the strategy;
(C) the miles of National Forest System trails maintained
by volunteers and partners, and the approximate value of the
volunteer and partnership efforts;
[[Page S608]]
(D) the status of the stewardship credits for outfitters
and guides pilot program described in section 6005 that
includes the number of participating sites, total amount of
the credits offered, estimated value of trail maintenance
performed, and suggestions for revising the program; and
(E) recommendations for further increasing volunteerism and
partnerships in trail maintenance.
(2) Submission.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit the report
required by paragraph (1) to--
(A) the Committee on Agriculture, Nutrition, and Forestry
and the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Agriculture and the Committee on
Natural Resources of the House of Representatives.
SEC. 6003. PRIORITY TRAIL MAINTENANCE PROGRAM.
(a) Selection.--In accordance with subsections (b) and (c),
not later than 6 months after the date of the enactment of
this Act, the Secretary of Agriculture shall select no fewer
than 9 and no more than 15 priority areas for increased trail
maintenance accomplishments.
(b) Criteria.--Priority areas shall include a well-defined
region on National Forest System land where the lack of trail
maintenance has--
(1) reduced access to public land;
(2) led to an increase, or risk of increase, in harm to
natural resources;
(3) jeopardized public safety;
(4) resulted in trails being impassible by the intended
managed users; or
(5) increased future deferred trail maintenance costs.
(c) Requirements.--In selecting priority areas, the
Secretary shall--
(1) consider any public input on priority areas received
within 3 months of the date of enactment of this Act;
(2) consider the range of trail users (including motorized
and non-motorized trail users); and
(3) include at least one priority area in each region of
the United States Forest Service.
(d) Increased Trail Maintenance.--
(1) In general.--Within 6 months of the selection of
priority areas under subsection (a), and in accordance with
paragraph (2), the Secretary shall develop an approach to
substantially increase trail maintenance accomplishments
within each priority area.
(2) Contents.--In developing the approach under paragraph
(1), the Secretary shall--
(A) consider any public input on trail maintenance
priorities and needs within any priority area;
(B) consider the costs and benefits of increased trail
maintenance within each priority area; and
(C) incorporate partners and volunteers in the trail
maintenance.
(3) Required trail maintenance.--Utilizing the approach
developed under paragraph (1), the Secretary shall
substantially increase trail maintenance within each priority
area.
(e) Coordination.--The regional volunteer and partnership
coordinators may be responsible for assisting partner
organizations in developing and implementing volunteer and
partnership projects to increase trail maintenance within
priority areas.
(f) Revision.--The Secretary shall periodically review the
priority areas to determine whether revisions are necessary
and may revise the priority areas, including the selection of
new priority areas or removal of existing priority areas, at
his sole discretion.
SEC. 6004. COOPERATIVE AGREEMENTS.
(a) In General.--The Secretary may enter into a cooperative
agreement with any State, tribal, local governmental, and
private entity to carry out this title.
(b) Contents.--Cooperative agreements authorized under this
section may--
(1) improve trail maintenance in a priority area;
(2) implement the strategy; or
(3) advance trail maintenance in a manner deemed
appropriate by the Secretary.
SEC. 6005. STEWARDSHIP CREDITS FOR OUTFITTERS AND GUIDES.
(a) Pilot Program.--Within 1 year after the date of
enactment of this Act, in accordance with this section, the
Secretary shall establish a pilot program on not less than 20
administrative units to offset all or part of the land use
fee for an outfitting and guiding permit by the cost of the
work performed by the permit holder to construct, improve, or
maintain National Forest System trails, trailheads, or
developed sites that support public use under terms
established by the Secretary.
(b) Additional Requirements.--In establishing the pilot
program authorized by subsection (a), the Secretary shall--
(1) select administrative units where the pilot program
will improve trail maintenance; and
(2) establish appropriate terms and conditions, including
meeting National Quality Standards for Trails and the Trail
Management Objectives identified for the trail.
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