[Congressional Record Volume 162, Number 145 (Monday, September 26, 2016)]
[House]
[Pages H5875-H5878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL FOREST SYSTEM TRAILS STEWARDSHIP ACT
Mr. ROUZER. Mr. Speaker, I move to suspend the rules and pass bill
(H.R. 845) to direct the Secretary of Agriculture to publish in the
Federal Register a strategy to significantly increase the role of
volunteers and partners in National Forest System trail maintenance,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 845
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Forest System Trails Stewardship Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. National forest system trails volunteer and partnership
strategy.
Sec. 5. Priority trail maintenance program.
Sec. 6. Cooperative agreements.
Sec. 7. Stewardship credits for outfitters and guides.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The National Forest System features a world-class trail
system with over 157,000 miles of trails that provide world-
class opportunities for hiking, horseback riding, hunting,
mountain bicycling, motorized vehicles, and other outdoor
activities.
(2) According to the Government Accountability Office, the
Forest Service is only able to maintain about one-quarter of
National Forest System trails to the agency standard, and the
agency faces a trail maintenance backlog of $314,000,000, and
an additional backlog of $210,000,000 in annual maintenance,
capital improvements, and operations.
(3) The lack of maintenance on National Forest System
trails threatens access to public lands, and may cause
increased environmental damage, threaten public safety, and
increase future maintenance costs.
(4) Federal budget limitations require solutions to
National Forest System trail maintenance issues that make
more efficient use of existing resources.
(5) Volunteers, partners, and outfitters and guides play an
important role in maintaining National Forest System trails,
and a comprehensive strategy is needed to ensure that
volunteers and partners are used as effectively as possible.
SEC. 3. DEFINITIONS.
In this Act:
(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 5(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 4(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. 4. 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;
[[Page H5876]]
(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;
(D) the status of the stewardship credits for outfitters
and guides pilot program described in section 7 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. 5. 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. 6. 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 Act.
(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. 7. 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
North Carolina (Mr. Rouzer) and the gentleman from Minnesota (Mr.
Peterson) each will control 20 minutes.
The Chair recognizes the gentleman from North Carolina.
General Leave
Mr. ROUZER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from North Carolina?
There was no objection.
Mr. ROUZER. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 845, the National Forest System Trails
Stewardship Act.
In 2013, the Government Accountability Office released a report that
recognized the importance of volunteers for trail maintenance and
recommended taking steps to improve management of volunteers. The
Forest Service is facing a whopping $500 million backlog in trail
maintenance costs--$500 million.
H.R. 845 would require the Forest Service to produce a national
strategy to maximum use of volunteers and partners for trail
maintenance. Using eager volunteers across the Nation in the
remediation of our deteriorating national Forest Service trails is a
cost-effective solution. More than 50 diverse recreation and
conservation groups requested Congress act to enable volunteers to do
more, from the Wilderness Society to the American Motorcyclist
Association.
I would like to thank my colleague, Representative Lummis, for
sponsoring this bill, and my fellow committee members, Mr. Walz, Mr.
Peterson, Mr. Thompson, and Ms. Michelle Lujan Grisham, for their
support of H.R. 845.
I ask my colleagues to join me in supporting this bipartisan
legislation so we can utilize on-the-ground volunteer efforts to
improve Forest Service trails and decrease the costly trail maintenance
backlog. Refocusing on volunteers and partners to help the Forest
Service is a commonsense way of making progress on the backlog and
opening up these trails to public access.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on Natural Resources,
Washington, DC, September 14, 2016.
Hon. K. Michael Conaway,
Chairman, Committee on Agriculture,
Washington, DC.
Dear Mr. Chairman: I write concerning H.R. 845, National
Forest System Trails Stewardship Act, which was recently
ordered to be reported by the Committee on Agriculture. As
you are aware, the bill also was referred to the Committee on
Natural Resources, as the bill contains provisions within the
Rule X jurisdiction of the Natural Resources Committee.
In the interest of permitting you to proceed expeditiously
to floor consideration of this very important bill, this
Committee agrees to discharge from further consideration of
H.R. 845. I do so with the understanding that the Natural
Resources Committee does not waive any future jurisdictional
claim over the subject matter contained in the bill which
fall within its Rule X jurisdiction. I also request that you
urge the Speaker to name members of the Natural Resources
Committee to any conference committee to consider such
provisions.
Please place this letter into the committee report on H.R.
845 and into the Congressional Record during consideration of
the measure on the House floor. Thank you for the cooperative
spirit in which you and your staff have worked regarding this
matter and others between our respective committees, and
congratulations on this significant achievement.
Sincerely,
Rob Bishop,
Chairman.
____
House of Representatives,
Committee on Agriculture,
Washington, DC, September 13, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Mr. Chairman: I appreciate your support in bringing
H.R. 845, National Forest System Trails Stewardship Act,
before the House of Representatives, and accordingly,
understand that the Committee on Natural Resources will
forego action on the bill.
The Committee on Agriculture concurs in the mutual
understanding that by foregoing consideration of the bill at
this time, the Committee on Natural Resources does not
[[Page H5877]]
waive any jurisdiction over the subject matter contained in
this bill or similar legislation in the future. In addition,
should a conference on this bill be necessary, I would
support your request to have the Committee on Natural
Resources represented on the conference committee.
I will insert copies of this exchange in the Congressional
Record during Floor consideration. I appreciate your
cooperation regarding this legislation and look forward to
continuing to work the Committee on Natural Resources as this
bill moves through the legislative process.
Sincerely,
K. Michael Conaway,
Chairman.
Mr. PETERSON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 845, the National Forest System Trails Stewardship
Act, is a bipartisan bill introduced by Representative Walz, a member
of the Agriculture Committee, and Representative Lummis, a former
member of the Agriculture Committee.
A 2013 GAO Trails Maintenance Report found that the Forest Service
has a backlog of more than $314 million in trail maintenance, which
would be addressed by this legislation.
The bill requires that the Forest Service develop a national strategy
to double the amount of maintenance work done by volunteers in the next
5 years, ensuring our constituents can continue to use and enjoy these
public spaces.
The Agriculture Committee approved H.R. 845 by voice vote, and the
bill is supported by a wide range of government, recreation,
agriculture, conservation, sportsmen, and equestrian organizations.
Mr. Speaker, I urge my colleagues to support the bill.
I reserve the balance of my time.
Mr. ROUZER. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Wyoming (Mrs. Lummis).
Mrs. LUMMIS. Mr. Speaker, I thank the gentleman from North Carolina
(Mr. Rouzer). I also want to thank my former committee chairman on the
House Agriculture Committee, now the ranking member, Mr. Peterson, for
his support of this bill, as well as Chairman Conaway of the House
Agriculture Committee.
Mr. Speaker, in the national forests, especially in areas where there
have been bark beetle damage, the trees are starting to fall across the
trails. I have talked to outfitters who are taking pack trips into the
national forests. They are only in there for 2 or 3 days, and when they
try to get out they have to chop their way out because so many trees
have fallen across the trails, even while they are in the forest. So
this maintenance backlog is getting bigger.
Mr. Speaker, it makes such sense, practically speaking, when we have
a huge budget deficit, to maximize the use of volunteers in the
national forests to help maintain these trails. Now, they will be able
to avail themselves of workers comp, and that is part of the reason
that it has taken this bill such a long time to get to the floor. But
it came out of the Agriculture Committee unanimously. It is one of the
most bipartisan bills in this entire Congress. It has 86 cosponsors in
the House and 23 in the Senate.
I want to thank my colleague, the gentleman from Minnesota (Mr.
Walz), who is a cosponsor of this bill, for his work. I am hoping he
will tell the tale that he encountered this summer when he was hiking
in the West. More than 50 diverse recreation conservation groups wanted
a way to increase volunteer efforts in our national forests, including
the National Association of Counties.
Mr. Speaker, there are a couple of additional provisions I want to
highlight in this bill. It directs a study be done on utilizing fire
crews for maintenance work during off seasons for wildfire, which is a
great way for them to maximize, and for us to maximize, their skills in
the forests. And it also requires the Secretary of Agriculture to
identify 9 to 15 priority areas throughout the country to incorporate
volunteers and to increase trail maintenance.
This bill has broad support. It will produce opportunities for young
people to volunteer in our forests. It will allow outfitters and guides
to offset some of their permit fees through work on trail maintenance
performed by the permit holders to construct, improve, or maintain
National Forest System trails, trailheads, or developed sites under
supervision of our National Park Service.
This is kind of a motherhood and apple pie bill, Mr. Speaker, and it
has been my pleasure to work with Mr. Walz and the other proponents of
this bill to bring it to the floor this afternoon.
{time} 1445
Mr. PETERSON. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Walz), a cosponsor of the bill.
Mr. WALZ. I thank the gentleman.
I echo the statements made by the gentlewoman from Wyoming.
First of all, the passion and the work that she and her staff have
put into this is thanked by many millions of Americans who use these
trails. The gentlewoman has chosen to make this her last session of
Congress; so I would like to go on record and say that the people of
the great State of Wyoming have been well served by the gentlewoman's
passionate, ethical leadership and by her willingness to put the
Nation's business first and get things done. I thank the gentlewoman.
Mr. Speaker, this is a commonsense bill. The Nation's outdoor
industry is a $645-billion-a-year industry which hires 6.1 million
Americans. The great blessings that we have in this Nation of the most
beautiful outdoor areas in the world are a legacy that we want to pass
on.
One of the issues is accessing those areas. Trail maintenance is
absolutely critical. Listen to the groups of people who are behind
this. These are pretty impressive and diverse groups of cosponsors,
just to name a few: the National Association of Counties, the
Wilderness Society, the Western Governors' Association, the Back
Country Horsemen of America, Trout Unlimited, the American Motorcyclist
Association, the National Wildlife Federation, and it goes on and on
and on. The gentlewoman was referencing something that happened. This
is a real-world fix to a real-world problem without its costing
taxpayers money.
I had the opportunity this summer to be out at Glacier National Park
with my family and to be up on Going-to-the-Sun Road at Logan Pass and,
I think, hiking one of the most beautiful stretches on the planet--the
Highline Trail. We were out about 16 miles; it was midday; and I had my
children, my nephew, and my brother-in-law. We were all there and were
enjoying this when we saw two Park Service folks, two young men, over
there, working really hard. They had packhorses to pack their stuff in,
and they were shoring up a trail from the glaciers that was there. I
just walked over to them, and they had no idea there were hikers on the
trail.
I said: I want to thank you both for the work you are doing.
They said: If you really want to thank us, have your Congressman call
and support Mrs. Lummis' bill on trail maintenance.
I could not have been more shocked to expect that there, but they
understood the importance of it. They understood that they need the
help and that the volunteers are there under the guidance and the
expertise of the Forest Service. When we cut through some of the red
tape, we get people who care about the trails out there, and we fix the
problem.
I thank the gentlewoman and encourage the bill's support.
Mr. ROUZER. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Wyoming (Mrs. Lummis).
Mrs. LUMMIS. I thank Mr. Rouzer for allowing me to do something I
should have done, but Mr. Walz did it for me. That is to thank my
staff, especially Jimmy Ward, for all of his hard work on this bill. He
made sure that we continued to be moving this bill forward in his
helping us to identify cosponsors and working with the scoring process,
which is what brings us here today; so I want to say a particular thank
you to my staff.
Mr. PETERSON. Mr. Speaker, I yield back the balance of my time.
Mr. ROUZER. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from North Carolina (Mr. Rouzer) that the House suspend the
rules and pass the bill, H.R. 845, as amended.
The question was taken; and (two-thirds being in the affirmative) the
[[Page H5878]]
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________