[Congressional Record Volume 170, Number 60 (Tuesday, April 9, 2024)]
[House]
[Pages H2162-H2189]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES ACT
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6492) to improve recreation opportunities on, and facilitate
greater access to, Federal public land, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6492
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 ``Expanding
Public Lands Outdoor Recreation Experiences Act'' or the
``EXPLORE Act''.
(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--Outdoor Recreation Policy
Sec. 111. Congressional declaration of policy.
Sec. 112. Identifying opportunities for recreation.
Sec. 113. Federal Interagency Council on Outdoor Recreation.
Sec. 114. Recreation budget crosscut.
Subtitle B--Public Recreation on Federal Recreational Lands and Waters
Sec. 121. Biking on long-distance trails.
Sec. 122. Protecting America's rock climbing.
Sec. 123. Range access.
Sec. 124. Restoration of overnight campsites.
Sec. 125. Federal interior land media.
Sec. 126. Cape and antler preservation enhancement.
Sec. 127. Motorized and nonmotorized access.
Sec. 128. Aquatic resource activities assistance.
Subtitle C--Supporting Gateway Communities and Addressing Park
Overcrowding
Sec. 131. Gateway communities.
Sec. 132. Improved recreation visitation data.
Sec. 133. Monitoring for improved recreation decision making.
Subtitle D--Broadband Connectivity on Federal Recreational Lands and
Waters
Sec. 141. Connect Our Parks.
Sec. 142. Broadband internet connectivity at developed recreation
sites.
Sec. 143. Public lands telecommunications cooperative agreements.
Subtitle E--Public-Private Parks Partnerships
Sec. 151. Authorization for lease of forest service administrative
sites.
Sec. 152. Partnership agreements creating tangible savings.
Sec. 153. Partnership agreements to modernize federally owned
campgrounds, resorts, cabins, and visitor centers on
Federal recreational lands and waters.
Sec. 154. Parking and Restroom opportunities for Federal recreational
lands and waters.
Sec. 155. Pay-for-performance projects.
Sec. 156. Outdoor recreation legacy partnership program.
Sec. 157. American battlefield protection program enhancement.
TITLE II--ACCESS AMERICA
Sec. 201. Definitions.
Subtitle A--Access for People With Disabilities
Sec. 211. Accessible recreation inventory.
Sec. 212. Trail inventory.
Sec. 213. Trail pilot program.
Sec. 214. Accessible trails.
Sec. 215. Accessible recreation opportunities.
Sec. 216. Assistive technology.
Sec. 217. Savings clause.
Subtitle B--Military and Veterans in Parks
Sec. 221. Promotion of outdoor recreation for military servicemembers
and veterans.
Sec. 222. Military Veterans Outdoor Recreation Liaisons.
Sec. 223. Partnerships to promote military and veteran recreation.
Sec. 224. National strategy for military and veteran recreation.
Sec. 225. Recreation resource advisory committees.
Sec. 226. Career and volunteer opportunities for veterans.
Subtitle C--Youth Access
Sec. 231. Increasing youth recreation visits to Federal land.
Sec. 232. Every Kid Outdoors Act extension.
TITLE III--SIMPLIFYING OUTDOOR ACCESS FOR RECREATION
Sec. 301. Definitions.
Subtitle A--Modernizing Recreation Permitting
Sec. 311. Special recreation permit and fee.
Sec. 312. Permitting process improvements.
Sec. 313. Permit flexibility.
Sec. 314. Permit administration.
Sec. 315. Service First Initiative; Permits for multijurisdictional
trips.
Sec. 316. Forest Service and Bureau of Land Management temporary
special recreation permits for outfitting and guiding.
Sec. 317. Reviews for long-term permits.
Sec. 318. Adjustment of allocated visitor-use days.
Sec. 319. Liability.
Sec. 320. Cost recovery reform.
Sec. 321. Availability of Federal, State, and local recreation passes.
Sec. 322. Online purchases and establishment of a digital version of
America the Beautiful--The National Parks and Federal
Recreational Lands Passes.
Sec. 323. Savings provision.
Subtitle B--Making Recreation a Priority
Sec. 331. Extension of seasonal recreation opportunities.
Subtitle C--Maintenance of Public Land
Sec. 341. Volunteers in the National Forests and Public Lands Act.
Sec. 342. Reference.
Subtitle D--Recreation Not Red Tape
Sec. 351. Good neighbor authority for recreation.
Sec. 352. Permit relief for picnic areas.
Sec. 353. Interagency report on special recreation permits for
underserved communities.
Sec. 354. Modernizing Access to Our Public Land Act amendments.
Sec. 355. Savings provision.
SEC. 2. DEFINITIONS.
In this Act:
(1) 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).
(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).
(3) Gateway community.--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.
(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) Land use plan.--The term ``land use plan'' means--
(A) 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
(B) 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).
(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--
[[Page H2163]]
(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) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the
United States.
TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE
Subtitle A--Outdoor Recreation 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.
SEC. 112. IDENTIFYING OPPORTUNITIES FOR RECREATION.
(a) Inventory and Assessments.--
(1) In general.--The Secretary concerned shall--
(A) conduct an inventory and assessment of recreation
resources for Federal recreational lands and waters;
(B) develop the inventory and assessment with support from
public comment; and
(C) update the inventory and assessment as the Secretary
concerned determines appropriate.
(2) Unique recreation values.--An inventory and assessment
conducted under paragraph (1) shall--
(A) recognize--
(i) any unique recreation values and recreation
opportunities; and
(ii) areas of concentrated recreational use; and
(B) 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) identifying, to the extent practicable, any trend
relating to recreation opportunities or use at a recreation
resource identified under subparagraph (A).
(3) Assessments.--For any recreation resource inventoried
under paragraph (1), the Secretary concerned shall assess--
(A) the maintenance needs of, and expenses necessary to
administer, the recreation resource;
(B) the suitability for developing, expanding, or enhancing
the recreation resource; and
(C) the adequacy of the current management of the
recreation resource.
(b) Existing Efforts.--To the extent practicable, the
Secretary concerned shall use or incorporate existing
applicable research and planning decisions and processes in
carrying out this section.
(c) 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. 113. FEDERAL INTERAGENCY COUNCIL ON OUTDOOR RECREATION.
(a) Definitions.--Section 200102 of title 54, United States
Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(4) and (5) respectively; and
(2) by inserting before paragraph (4), as so redesignated,
the following:
``(1) Council.--The term `Council' means the Federal
Interagency Council on Outdoor Recreation established under
section 200104.
``(2) Federal land and water management agency.--The term
`Federal land and water management agency' means the National
Park Service, Bureau of Land Management, United States Fish
and Wildlife Service, Bureau of Indian Affairs, Bureau of
Reclamation, Forest Service, Corps of Engineers, and the
National Oceanic and Atmospheric Administration.
``(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) and also includes Federal
lands and waters managed by the Bureau of Indian Affairs,
Corps of Engineers, or National Oceanic and Atmospheric
Administration.''.
(b) Establishment of Council.--Section 200104 of title 54,
United States Code, is amended to read as follows:
``Sec. 200104. Federal interagency council on outdoor
recreation
``(a) Establishment.--The Secretary shall establish an
interagency council, to be known as the `Federal Interagency
Council on Outdoor Recreation'.
``(b) Composition.--
``(1) In general.--The Council shall be composed of
representatives of each of the following agencies, to be
appointed by the head of the respective agency:
``(A) The National Park Service.
``(B) The Bureau of Land Management.
``(C) The United States Fish and Wildlife Service.
``(D) The Bureau of Indian Affairs.
``(E) The Bureau of Reclamation.
``(F) The Forest Service.
``(G) The Army Corps of Engineers.
``(H) The National Oceanic and Atmospheric Administration.
``(2) Additional participants.--In addition to the members
of the Council appointed under paragraph (1), the Secretary
may invite participation in the Council's meetings or other
activities from representatives of the following:
``(A) The Council on Environmental Quality.
``(B) The Natural Resources Conservation Service.
``(C) Rural development programs of the Department of
Agriculture.
``(D) The National Center for Chronic Disease Prevention
and Health Promotion.
``(E) The Environmental Protection Agency.
``(F) The Department of Transportation, including the
Federal Highway Administration.
``(G) The Tennessee Valley Authority.
``(H) The Department of Commerce, including--
``(i) the Bureau of Economic Analysis;
``(ii) the National Travel and Tourism Office; and
``(iii) the Economic Development Administration.
``(I) The Federal Energy Regulatory Commission.
``(J) An applicable State agency or office.
``(K) An applicable agency or office of a local government.
``(L) Other organizations or interests, as determined
appropriate by the Secretary.
``(3) State coordination.--In determining additional
participants under this subsection, the Secretary shall seek
to ensure that States are invited and represented in the
Council's meetings or other activities.
``(4) Leadership.--The leadership of the Council shall
rotate every 2 years among the Council members appointed
under paragraph (1), or as otherwise determined by the
Secretary in consultation with the Secretaries of
Agriculture, Defense, and Commerce.
``(5) Funding.--Notwithstanding section 708 of title VII of
division E of the Consolidated Appropriations Act, 2023
(Public Law 117-328), the Council members appointed under
paragraph (1) may enter into agreements to share the
management and operational costs of the Council.
``(c) Coordination.--The Council shall meet as frequently
as appropriate for the purposes of coordinating on issues
related to outdoor recreation, including--
``(1) recreation programs and management policies across
Federal land and water management agencies, including
activities associated with the implementation of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.), as
appropriate;
``(2) the response by Federal land and water management
agencies to public health emergencies or other emergencies,
including those that result in disruptions to, or closures
of, Federal recreational lands and waters;
``(3) investments 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));
``(4) management of emerging technologies on Federal
recreational lands and waters;
``(5) research activities, including quantifying the
economic impacts of recreation;
``(6) dissemination to the public of recreation-related
information, in a manner that ensures the recreation-related
information is easily accessible with modern communication
devices;
``(7) the improvement of access to Federal recreational
lands and waters; and
``(8) 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; and
``(9) any other outdoor recreation-related issues that the
Council determines necessary.
``(d) Effect.--Nothing in this section affects the
authorities, regulations, or policies of any Federal agency
described in paragraph (1) or (2) of subsection (b).''.
(c) 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. 114. RECREATION BUDGET CROSSCUT.
Not later than 30 days after the end of each fiscal year,
beginning with fiscal year 2025, 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.
Subtitle B--Public Recreation on Federal Recreational Lands and Waters
SEC. 121. BIKING ON LONG-DISTANCE TRAILS.
(a) Identification of Long-Distance Trails.--Not later than
18 months after the date of the enactment of this title, the
Secretaries shall identify--
(1) not fewer than 10 long-distance bike trails that make
use of trails and roads in existence on the date of the
enactment of this title; and
(2) not fewer than 10 areas in which there is an
opportunity to develop or complete a trail that would qualify
as a long-distance bike trail.
[[Page H2164]]
(b) Public Comment.--The Secretaries shall--
(1) develop a process to allow members of the public to
comment regarding the identification of trails and areas
under subsection (a); and
(2) consider the identification, development, and
completion of long-distance bike trails in a geographically
equitable manner.
(c) Maps, Signage, and Promotional Materials.--For any
long-distance bike trail identified under subsection (a), the
Secretary concerned may--
(1) publish and distribute maps, install signage, and issue
promotional materials; and
(2) coordinate with stakeholders to leverage any non-
Federal resources necessary for the stewardship, development,
or completion of trails.
(d) Report.--Not later than 2 years after the date of the
enactment of this title, the Secretaries, in partnership with
interested organizations, shall prepare and publish a report
that lists the trails identified under subsection (a),
including a summary of public comments received in accordance
with the process developed under subsection (b).
(e) Conflict Avoidance With Other Uses.--Before identifying
a long-distance bike trail under subsection (a), the
Secretary concerned shall ensure the long-distance bike
trail--
(1) minimizes conflict with--
(A) the uses, before the date of the enactment of this
title, of any trail or road that is part of that long-
distance bike trail;
(B) multiple-use areas where biking, hiking, horseback
riding, or use by pack and saddle stock are existing uses on
the date of the enactment of this title;
(C) the purposes for which any trail was or is established
under the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(D) any area managed under the Wilderness Act (16 U.S.C.
1131 et seq.); and
(2) complies with land use and management plans of the
Federal recreational lands and waters that are part of that
long-distance bike trail.
(f) Eminent Domain or Condemnation.--In carrying out this
section, the Secretaries may not use eminent domain or
condemnation.
(g) Definitions.--In this section:
(1) Long-distance bike trail.--The term ``long-distance
bike trail'' means a continuous route, consisting of 1 or
more trails or rights-of-way, that--
(A) is not less than 80 miles in length;
(B) primarily makes use of dirt or natural surface trails;
(C) may require connections along paved or other improved
roads;
(D) does not include Federal recreational lands where
mountain biking or related activities are not consistent with
management requirements for those Federal recreational lands;
and
(E) to the maximum extent practicable, makes use of trails
and roads that were on Federal recreational lands on or
before the date of the enactment of this title.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
SEC. 122. PROTECTING AMERICA'S ROCK CLIMBING.
(a) In General.--Not later than 18 months after the date of
the enactment of this title, each Secretary concerned shall
issue guidance for recreational climbing activities on
covered Federal land.
(b) Applicable Law.--The guidance issued under subsection
(a) shall ensure that recreational climbing activities comply
with the laws (including regulations) applicable to the
covered Federal land.
(c) Wilderness Areas.--The guidance issued under subsection
(a) shall recognize that recreational climbing (including the
use, placement, and maintenance of fixed anchors) is an
appropriate use within a component of the National Wilderness
Preservation System, if undertaken--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.) and other applicable laws (including regulations);
and
(2) subject to any terms and conditions determined by the
Secretary concerned to be appropriate.
(d) Authorization.--The guidance issued under subsection
(a) shall describe the requirements, if any, for the
placement and maintenance of fixed anchors for recreational
climbing in a component of the National Wilderness
Preservation System, including any terms and conditions
determined by the Secretary concerned to be appropriate,
which may be issued programmatically or on a case-by-case
basis.
(e) Existing Routes.--The guidance issued under subsection
(a) shall include direction providing for the continued use
and maintenance of recreational climbing routes (including
fixed anchors along the routes) in existence as of the date
of the enactment of this title, in accordance with this Act.
(f) Public Comment.--Before finalizing the guidance issued
under subsection (a), the Secretary concerned shall provide
opportunities for public comment with respect to the
guidance.
(g) Covered Federal Land Defined.--In this section, the
term ``covered Federal land''--
(1) means the lands described in subparagraphs (A) and (B)
of paragraph (2); and
(2) includes components of the National Wilderness
Preservation System.
SEC. 123. RANGE ACCESS.
(a) Definition of Target Shooting Range.--In this section,
the term ``target shooting range'' means a developed and
managed area that is authorized or operated by the Forest
Service, a concessioner of the Forest Service, or the Bureau
of Land Management (or their lessee) specifically for the
purposeful discharge by the public of legal firearms,
firearms training, archery, or other associated activities.
(b) Assessment; Identification of Target Shooting Range
Locations.--
(1) Assessment.--Not later than 1 year after the date of
the enactment of this title, the Secretary concerned shall
make available to the public a list that--
(A) identifies each National Forest and each Bureau of Land
Management district that has a target shooting range that
meets the requirements described in paragraph (3)(B);
(B) identifies each National Forest and each Bureau of Land
Management district that does not have a target shooting
range that meets the requirements described in paragraph
(3)(B); and
(C) for each National Forest and each Bureau of Land
Management district identified under subparagraph (B),
provides a determination of whether applicable law or the
applicable land use plan prevents the establishment of a
target shooting range that meets the requirements described
in paragraph (3)(B).
(2) Identification of target shooting range locations.--
(A) In general.--The Secretary concerned shall identify at
least 1 suitable location for a target shooting range that
meets the requirements described in paragraph (3)(B) within
each National Forest and each Bureau of Land Management
district with respect to which the Secretary concerned has
determined under paragraph (1)(C) that the establishment of a
target shooting range is not prevented by applicable law or
the applicable land use plan.
(B) Requirements.--The Secretaries, in consultation with
the entities described in subsection (d), shall, for purposes
of identifying a suitable location for a target shooting
range under subparagraph (A)--
(i) consider the proximity of areas frequently used by
recreational shooters;
(ii) ensure that the target shooting range would not
adversely impact a shooting range operated on non-Federal
land; and
(iii) consider other nearby recreational uses, including
proximity to units of the National Park System, to minimize
potential conflict and prioritize visitor safety.
(3) Establishment of new target shooting ranges.--
(A) In general.--Not later than 5 years after the date of
the enactment of this title, at 1 or more suitable locations
identified on each eligible National Forest and Bureau of
Land Management district under paragraph (2)(A), the
Secretary concerned shall--
(i) subject to the availability of appropriations for such
purpose, construct a target shooting range that meets the
requirements described in subparagraph (B) or modify an
existing target shooting range to meet the requirements
described in subparagraph (B); or
(ii) enter into an agreement with an entity described in
subsection (d)(1), under which the entity shall establish or
maintain a target shooting range that meets the requirements
described in subparagraph (B).
(B) Requirements.--A target shooting range established
under this paragraph--
(i)(I) shall be able to accommodate rifles and pistols;
(II) may include skeet, trap, or sporting clay
infrastructure; and
(III) may accommodate archery;
(ii) shall include appropriate public safety designs and
features, including--
(I) significantly modified landscapes, including berms,
buffer distances, or other public safety designs or features;
and
(II) a designated firing line; and
(iii) may include--
(I) shade structures;
(II) trash containers;
(III) restrooms;
(IV) benches; and
(V) any other features that the Secretary concerned
determines to be necessary.
(C) Recreation and public purposes act.--For purposes of
subparagraph (A), the Secretary concerned may consider a
target shooting range that is located on land transferred or
leased 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 target shooting
range that meets the requirements described in subparagraph
(B).
(c) Restrictions.--
(1) Management.--The management of a target shooting range
shall be subject to such conditions as the Secretary
concerned determines are necessary for the safe, responsible
use of--
(A) the target shooting range; and
(B) the adjacent land and resources.
(2) Closures.--Except in emergency situations, the
Secretary concerned shall seek to ensure that a target
shooting range that meets the requirements described in
subsection (b)(3)(B), 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
[[Page H2165]]
section 4103 of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (16 U.S.C. 7913).
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretaries shall coordinate with--
(A) State, Tribal, and local 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) shooting clubs;
(D) Federal advisory councils relating to hunting and
shooting sports; and
(E) individuals or entities with authorized leases or
permits in an area under consideration for a target shooting
range.
(2) Partnerships.--The Secretaries may--
(A) coordinate with an entity described in paragraph (1) to
assist with the construction, modification, operation, or
maintenance of a target shooting range; and
(B) explore opportunities to leverage funding to maximize
non-Federal investment in the construction, modification,
operation, or maintenance of a target shooting range.
(e) Annual Reports.--Not later than 2 years after the date
of the enactment of this title and annually thereafter
through fiscal year 2033, 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.
(f) Savings Clause.--Nothing in this section affects the
authority of the Secretary concerned to administer a target
shooting range that is in addition to the target shooting
ranges that meet the requirements described in subsection
(b)(3)(B) on Federal recreational lands and waters
administered by the Secretary concerned.
SEC. 124. RESTORATION OF OVERNIGHT CAMPSITES.
(a) Definitions.--In this section:
(1) Recreation area.--The term ``Recreation Area'' means
the recreation area and grounds associated with the
recreation area on the map entitled ``Ouachita National
Forest Camping Restoration'' and dated November 30, 2023, on
file with the Forest Service.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) In General.--The Secretary shall--
(1) not later than 6 months after the date of the enactment
of this title, identify 54 areas within the Recreation Area
that may be suitable for overnight camping; and
(2) not later than 2 years after the date of the enactment
of this title--
(A) review each area identified under paragraph (1); and
(B) from the areas so identified, select and establish at
least 27 campsites and related facilities within the
Recreation Area for public use.
(c) Requirements Related to Campsites and Related
Facilities.--The Secretary shall--
(1) ensure that at least 27 campsites are available under
subsection (b), of which not less than 8 shall have electric
and water hookups; and
(2) ensure that each campsite and related facility
identified or established under subsection (b) is located
outside of the 1 percent annual exceedance probability flood
elevation.
(d) Reopening of Certain Sites.--Not later than 30 days
after the date of the enactment of this title, the Secretary
shall open each campsite within the Recreation Area that--
(1) exists on the date of the enactment of this title;
(2) is located outside of the 1 percent annual exceedance
probability flood elevation;
(3) was in operation on June 1, 2010; and
(4) would not interfere with any current (as of the date of
the enactment of this title) day use areas.
(e) Day Use Areas.--Not later than 1 year after the date of
the enactment of this title, the Secretary shall take such
actions as are necessary to rehabilitate and make publicly
accessible the areas in the Recreation Area identified for
year-round day use, including the following:
(1) Loop A.
(2) Loop B.
(3) The covered, large-group picnic pavilion in Loop D.
(4) The parking lot in Loop D.
SEC. 125. FEDERAL INTERIOR LAND MEDIA.
(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.--
``(A) In general.--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--
``(i) involves more than 8 individuals; or
``(ii) does not meet each of the requirements described in
paragraph (5).
``(B) Wilderness act clarification.--No provision of this
subsection is intended to or shall be construed to conflict
with the provisions of the Wilderness Act of 1964 (16 U.S.C.
1131 et seq.).
``(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 adheres 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 (as such term
[[Page H2166]]
is defined in section 3 of the EXPLORE Act), 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:
``SEC. 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.--
``(A) In general.--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--
``(i) involves more than 8 individuals; or
``(ii) does not meet each of the requirements described in
paragraph (5).
``(B) Wilderness act clarification.--No provision of this
subsection is intended to or shall be construed to conflict
with the provisions of the Wilderness Act of 1964 (16 U.S.C.
1131 et seq.).
``(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
[[Page H2167]]
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 adheres 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 (as such term is defined in section 3 of the EXPLORE
Act), 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. 126. 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. 127. MOTORIZED AND NONMOTORIZED ACCESS.
(a) In General.--The Secretary concerned shall seek to
have, not later than 5 years after the date of the enactment
of this title, 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 map authorized for public use or administrative use;
and
(2) for each unit of the National Forest System, a motor
vehicle use map, in accordance with existing law.
(b) Over-Snow Vehicle-Use Maps.--The Secretary concerned
shall seek to have, not later than 10 years after the date of
the enactment of this title, 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 on which over-snow vehicle-
use occurs, in accordance with existing law.
(c) Out-of-Date Maps.--Not later than 20 years after the
date on which the Secretary concerned adopted or reviewed,
through public notice and comment, a map described in
subsection (a) or (b), the Secretary concerned shall seek to
review, through public notice and comment, and update, as
necessary, the applicable map.
(d) Motorized and Nonmotorized Access.--The Secretaries
shall seek to create additional opportunities, as
appropriate, and in accordance with existing law, for
motorized and nonmotorized access and opportunities on
Federal recreational lands and waters administered by the
Chief of the Forest Service or the Director of the Bureau of
Land Management.
(e) Savings Clause.--Nothing in this section prohibits a
lawful use, including authorized motorized or nonmotorized
uses, on Federal recreational lands and waters administered
by the Chief of the Forest Service or the Director of the
Bureau of Land Management, if the Secretary concerned fails
to meet a timeline established under this section.
SEC. 128. 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) Decontamination.--The term ``decontamination'' means
actions to remove aquatic nuisance species to prevent
introduction or spread into new aquatic ecosystems.
(3) Federal land and water.--The term ``Federal land and
water'' means Federal land and water operated and maintained
by the Bureau of Land Management, the U.S. Fish and Wildlife
Service, the Bureau of Reclamation, the Forest Service, or
the National Park Service, as applicable.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Inspection.--The term ``inspection'' means actions to
find aquatic nuisance species to prevent introduction or
spread into new aquatic ecosystems.
(6) 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;
(D) a unit of local government in a Reclamation State; or
(E) a private entity.
(7) Reclamation state.--The term ``Reclamation State''
includes any of the following States:
(A) Alaska.
(B) Arizona.
(C) California.
(D) Colorado.
(E) Idaho.
(F) Kansas.
(G) Montana.
(H) Nebraska.
(I) Nevada.
[[Page H2168]]
(J) New Mexico.
(K) North Dakota.
(L) Oklahoma.
(M) Oregon.
(N) South Dakota.
(O) Texas.
(P) Utah.
(Q) Washington.
(R) Wyoming.
(8) Reclamation project.--The term ``reclamation project''
has the meaning given such term in section 2803(3) of the
Reclamation Projects Authorization and Adjustment Act of 1992
(16 U.S.C. 460l-32(3)).
(9) Secretaries.--The term ``Secretaries'' means each of
the following:
(A) The Secretary, acting through the Director of the
Bureau of Land Management, the Commissioner of Reclamation,
and the Director of the National Park Service.
(B) The Secretary of Agriculture, acting through the Chief
of the Forest Service.
(10) Vessel.--The term ``vessel'' means any watercraft or
other contrivance used or designed for transportation or
navigation on, under, or immediately above, water.
(b) Authority of Bureau of Land Management, Bureau of
Reclamation, National Park Service, and Forest Service With
Respect to Certain Aquatic Resource Activities on Federal
Land and Waters.--
(1) In general.--The head of each Federal land management
agency is authorized to carry out inspections and
decontamination of vessels entering or leaving Federal land
and waters under the jurisdiction of the respective Federal
land management agency.
(2) Requirements.--The Secretaries shall--
(A) in carrying out an inspection and decontamination 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 aquatic nuisance species on
Federal land and water; and
(C) to the maximum extent practicable, inspect and
decontaminate vessels in a manner that minimizes disruptions
to public access for boating and recreation in
noncontaminated vessels.
(3) Partnerships.--The Secretaries may enter into a
partnership to lead, collaborate with, or 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 Secretaries shall not prohibit access
to vessels due solely to the absence of a Federal, State, or
partner's inspection program or station.
(5) Exceptions.--
(A) Authority to regulate vessels.--Nothing in this section
shall be construed to limit the authority of the Commandant
of the Coast Guard to regulate vessels provided under any
other provision of law.
(B) Applicability.--Authorities granted in this subsection
shall not apply at locations where inspection or
decontamination activities would duplicate efforts by the
Coast Guard.
(6) Data sharing.--The Secretaries shall make available to
a Reclamation State any relevant data gathered related to
inspections or decontaminations carried out under this
subsection in such State.
(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 financial assistance to
partners to conduct inspections and decontamination of
vessels operating in Reclamation projects, 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.
Subtitle C--Supporting Gateway Communities and Addressing Park
Overcrowding
SEC. 131. GATEWAY COMMUNITIES.
(a) Assessment of Impacts and Needs in Gateway
Communities.--The Secretaries--
(1) shall collaborate with State and local governments,
Indian Tribes, housing authorities, applicable trade
associations, nonprofit organizations, private entities, 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) existing developed locations that are underutilized on
nearby Federal recreational lands and waters that are
suitable for developing, expanding, or enhancing recreation
use, as identified by the Secretaries; or
(ii) existing developed and suitable lesser-known
recreation sites, as identified under section 5(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 an agreement, 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
(as defined in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801)), in accordance with
applicable laws.
(b) 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.
(c) 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. 132. 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 5 years after the date of
the enactment of this title, 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 platforms) 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) 10 units of Federal recreational lands and waters
managed by the Secretary;
(ii) 5 units of Federal recreational lands and waters
managed by the Secretary of Agriculture (acting through the
Chief of the Forest Service);
(iii) 1 unit of Federal recreational lands and waters
managed by the Secretary of Commerce (acting through the
Administrator of the National Oceanic and Atmospheric
Administration); and
(iv) 1 unit of Federal recreational lands and waters
managed by the Assistant Secretary of Army for Civil Works.
(B) Report.--Not later than 6 years after the date of the
enactment of this title, the Secretaries shall submit a
report to Congress regarding the implementation of the pilot
program, including policy recommendations to expand the pilot
program to additional units managed by the Secretaries.
(C) Feedback; support of gateway communities.--The
Secretaries shall--
[[Page H2169]]
(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).
(4) Inclusion of current assessments.--In carrying out the
Pilot Program, the Secretaries may, to the extent
practicable, rely on assessments completed or data gathered
prior to the date of enactment of this title.
(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 1 year after the date of the
enactment of this title, 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.
(g) DEFINITIONS.--In this section--
(1) Federal recreational lands and waters.--The term
``Federal recreational lands and waters''--
(A) has the meaning given the term in section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801);
and
(B) includes Federal lands and waters managed by the
National Oceanic and Atmospheric Administration and the U.S.
Army Corps of Engineers.
(2) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary, with respect to lands under the
jurisdiction of the Secretary;
(B) the Secretary of Agriculture, acting through the Chief
of the Forest Service, with respect to lands under the
jurisdiction of the Forest Service;
(C) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, with respect to Federal waters under the
jurisdiction of the National Oceanic and Atmospheric
Administration; and
(D) the Assistant Secretary of Army for Civil Works, with
respect to lakes and reservoirs under the jurisdiction of the
U.S. Army Corps of Engineers.
SEC. 133. MONITORING FOR IMPROVED RECREATION DECISION MAKING.
(a) In General.--The Secretaries shall seek to capture
comprehensive recreation use data to better understand and
inform decision making by the Secretaries.
(b) Pilot Protocols.--Not later than 1 year after the date
of the enactment of this title, 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.
(c) Secretaries Defined.--In this section, the term
``Secretaries'' means--
(1) the Secretary, with respect to lands under the
jurisdiction of the Secretary;
(2) the Secretary of Agriculture, acting through the Chief
of the Forest Service, with respect to lands under the
jurisdiction of the Forest Service;
(3) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, with respect to Federal waters under the
jurisdiction of the National Oceanic and Atmospheric
Administration; and
(4) the Assistant Secretary of Army for Civil Works, with
respect to lakes and reservoirs under the jurisdiction of the
U.S. Army Corps of Engineers.
Subtitle D--Broadband Connectivity on Federal Recreational Lands and
Waters
SEC. 141. CONNECT OUR PARKS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources of the
Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Natural Resources of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(2) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given
the term in section 8.1(b) of title 47, Code of Federal
Regulations (or a successor regulation).
(3) Cellular service.--The term ``cellular service'' has
the meaning given the term in section 22.99 of title 47, Code
of Federal Regulations (or a successor regulation).
(4) National park.--The term ``National Park'' means a unit
of the National Park System.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Assessment.--
(1) In general.--Not later than 1 year after the date of
the enactment of this title, the Secretary shall complete an
assessment of National Parks to identify--
(A) locations in National Parks in which there is the
greatest need for broadband internet access service, based on
the considerations described in paragraph (2)(A); and
(B) areas in National Parks in which there is the greatest
need for cellular service, based on the considerations
described in paragraph (2)(B).
(2) Considerations.--
(A) Broadband internet access service.--For purposes of
identifying locations in National Parks under paragraph
(1)(A), the Secretary shall consider, with respect to each
National Park, the availability of broadband internet access
service in--
(i) housing;
(ii) administrative facilities and related structures;
(iii) lodging;
(iv) developed campgrounds; and
(v) any other location within the National Park in which
broadband internet access service is determined to be
necessary by the superintendent of the National Park.
(B) Cellular service.--For purposes of identifying areas in
National Parks under paragraph (1)(B), the Secretary shall
consider, with respect to each National Park, the
availability of cellular service in any developed area within
the National Park that would increase--
(i) the access of the public to emergency services and
traveler information technologies; or
(ii) the communications capabilities of National Park
Service employees.
(3) Report.--On completion of the assessment under
paragraph (1), the Secretary shall submit to the appropriate
committees of Congress, and make available on the website of
the Department of the Interior, a report describing the
results of the assessment.
(c) Plan.--
(1) In general.--Not later than 3 years after the date of
the enactment of this title, the Secretary shall develop a
plan, based on the results of the assessment completed under
subsection (b) and subject to paragraph (4)--
(A) to install broadband internet access service
infrastructure in certain locations in National Parks; and
(B) to install cellular service equipment and
infrastructure in certain areas of National Parks.
(2) Consultation.--In developing the plan under paragraph
(1), the Secretary shall consult with--
(A) affected Indian Tribes; and
(B) local stakeholders that the superintendent of the
applicable National Park determines to be appropriate.
(3) Requirements.--The plan developed under paragraph (1)
shall--
(A) provide for avoiding or minimizing impacts to--
(i) National Park viewsheds;
(ii) cultural and natural resources;
(iii) the visitor experience;
(iv) historic properties and the viewsheds of historic
properties; and
(v) other resources or values of the National Park.
(B) provide for infrastructure providing broadband internet
access service or cellular service to be located in--
(i) previously disturbed or developed areas; or
(ii) areas zoned for uses that would support the
infrastructure;
(C) provide for the use of public-private partnerships--
(i) to install broadband internet access service or
cellular service equipment; and
(ii) to provide broadband internet access service or
cellular service;
(D) be technology neutral; and
(E) in the case of broadband internet access service,
provide for broadband internet access service of at least--
[[Page H2170]]
(i) a 100-Mbps downstream transmission capacity; and
(ii) a 20-Mbps upstream transmission capacity.
(4) Limitation.--Notwithstanding paragraph (1), a plan
developed under that paragraph shall not be required to
address broadband internet access service or cellular service
in any National Park with respect to which the superintendent
of the National Park determines that there is adequate access
to broadband internet access service or cellular service, as
applicable.
SEC. 142. 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 Secretary of
Commerce 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 3 years after the date
of the enactment of this title, and annually thereafter
through fiscal year 2031, 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;
(2) to the extent practicable, an estimate of--
(A) the cost to equip each of those sites with broadband
internet infrastructure; and
(B) the annual cost to operate that infrastructure; and
(3) a list of potential--
(A) barriers to operating the infrastructure described in
paragraph (2)(A); and
(B) methods to recover the costs of that operation.
(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. 143. PUBLIC LANDS TELECOMMUNICATIONS COOPERATIVE
AGREEMENTS.
(a) Cooperative Agreements for the Department of the
Interior.--The Secretary may enter into cooperative
agreements to carry out activities related to communications
sites on lands managed by Federal land management agencies,
including--
(1) administering communications use authorizations;
(2) preparing needs assessments or other programmatic
analyses necessary to establish communications sites and
authorize communications uses on or adjacent to Federal
recreational lands and waters managed by a Federal land
management agency;
(3) developing management plans for communications sites on
or adjacent to Federal recreational lands and waters managed
by a Federal land management agency on a competitively
neutral, technology neutral, nondiscriminatory basis;
(4) training for management of communications sites on or
adjacent to Federal recreational lands and waters managed by
a Federal land management agency;
(5) obtaining, improving access to, or establishing
communications sites on or adjacent to Federal recreational
lands and waters managed by a Federal land management agency;
and
(6) any combination of purposes described in subparagraphs
(1) through (5).
(b) Clarification of Cooperative Agreement Authority for
the Forest Service.--Section 8705(f) of the Agriculture
Improvement Act of 2018 (43 U.S.C. 1761a(f)) is amended by
adding at the end the following:
``(6) Cooperative agreement authority.--Subject to the
availability of appropriations made in advance for such
purposes, the Secretary may enter into cooperative agreements
to carry out the activities described in subparagraphs (A)
through (D) of paragraph (4).''.
(c) Assessment of Rental Fee Retention Authority.--Not
later than 1 year after the date of the enactment of this
title, the Secretary shall conduct a comprehensive assessment
to evaluate the potential benefits of rental fee retention
whereby any fee collected for the occupancy and use of
Federal lands and waters authorized by a communications use
authorization would be deposited into a special account and
used solely for activities related to communications sites on
lands and waters managed by the Secretary.
Subtitle E--Public-Private Parks Partnerships
SEC. 151. AUTHORIZATION FOR LEASE OF FOREST SERVICE
ADMINISTRATIVE SITES.
Section 8623 of the Agriculture Improvement Act of 2018 (16
U.S.C. 580d note; Public Law 115-334) is amended--
(1) in subsection (a)(2)(D), by striking ``dwelling;'' and
inserting ``dwelling or multiunit dwelling;'';
(2) in subsection (c), by striking ``Secretary'' in the
middle of the sentence and inserting ``Chief of the Forest
Service, or their designee'';
(3) in subsection (e)--
(A) in paragraph (3)(B)(ii)--
(i) in subclause (I), by inserting ``such as housing,''
after ``improvements,'';
(ii) in subclause (II), by striking ``and'' at the end;
(iii) in subclause (III), by striking ``or'' at the end and
inserting ``and''; and
(iv) by adding at the end the following:
``(IV) services occurring off the administrative site
that--
``(aa) occur at another administrative site in the same
unit in which the administrative site is located or a
different unit of the National Forest System;
``(bb) benefit the National Forest System; and
``(cc) support activities occurring within the unit of the
National Forest System in which the administrative site is
located; or''; and
(B) by adding at the end the following:
``(6) Lease term.--
``(A) In general.--The term of a lease of an administrative
site under this section shall be not more than 100 years.
``(B) Reauthorization of use.--A lease of an administrative
site under this section shall include a provision for
reauthorization of the use if the--
``(i) use of the administrative site, at the time of
reauthorization, is still being used for the purposes
authorized;
``(ii) use to be authorized under the new lease is
consistent with the applicable land management plan; and
``(iii) lessee is in compliance with all the terms of the
existing lease.''
``(C) Savings.--A reauthorization of use under subparagraph
(B) may include new terms in the use, as determined by the
Chief of the Forest Service, or their designee.'';
(4) in subsection (g), by--
(A) striking ``to a leaseholder'' after ``payments''; and
(B) inserting ``or constructed'' after ``improved''; and
(5) in subsection (i), by striking ``2023'' each place it
appears and inserting ``2028''.
SEC. 152. PARTNERSHIP AGREEMENTS CREATING TANGIBLE SAVINGS.
Section 101703 of title 54, United States Code, is amended
to read as follows:
``Sec. 101703. Cooperative management agreements
``(a) In General.--To facilitate the administration of the
System, the Secretary, under such terms and conditions as the
Secretary considers advisable, may enter into an agreement
with an eligible entity managing lands and waters located
near a System unit to provide for cooperative management of
either a System unit or the lands and waters located near a
System unit to promote more effective and efficient
management of a System unit. The Secretary may not transfer
administration responsibilities for any System unit under
this paragraph.
``(b) Provision of Goods and Services.--
``(1) In general.--Under a cooperative management
agreement, the Secretary may acquire by purchase, donation,
or exchange from and provide to an eligible entity on a
reimbursable basis goods and services to be used by the
Secretary or the eligible entity in the cooperative
management of land and waters.
``(2) Retention of funds.--Reimbursements received under
this section may be credited to the appropriation current at
the time reimbursements are received.
``(c) Co-location.--Under the cooperative management
agreement, the Secretary and an eligible entity may co-locate
in offices and facilities owned or leased by either party.
``(d) Employees.--
``(1) Assignment of employee.--The Secretary may arrange an
assignment under section 3372 of title 5 of a Federal
employee or an employee of an eligible entity as mutually
agreed upon, for work on any Federal, State, local, or Tribal
land.
``(2) Extension of assignment.--The assignment provided in
paragraph (1) may be extended for any period of time
determined by the Secretary and the eligible entity to be
mutually beneficial.
``(e) Definitions.--In this section--
``(1) Eligible entity.--The term `eligible entity' means a
State or local entity or any political subdivision thereof,
or an Indian Tribe or Tribal organization.
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(3) State.--The term `State' means each of the several
States, the District of Columbia, and each territory of the
United States.
``(4) Tribal organization.--The term `Tribal organization'
has the meaning given the term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304(1)).''.
SEC. 153. PARTNERSHIP AGREEMENTS TO MODERNIZE FEDERALLY OWNED
CAMPGROUNDS, RESORTS, CABINS, AND VISITOR
CENTERS ON FEDERAL RECREATIONAL LANDS AND
WATERS.
(a) Definitions.--In this section:
(1) Covered activity.--The term ``covered activity''
means--
(A) a capital improvement, including the construction,
reconstruction, and nonroutine
[[Page H2171]]
maintenance of any structure, infrastructure, or improvement,
relating to the operation of, or access to, a covered
recreation facility; and
(B) any activity necessary to operate or maintain a covered
recreation facility.
(2) Covered recreation facility.--The term ``covered
recreation facility'' means a federally owned campground,
resort, cabin, or visitor center that is--
(A) in existence on the date of the enactment of this
title; and
(B) located on Federal recreational lands and waters
administered by--
(i) the Chief of the Forest Service; or
(ii) the Director of the Bureau of Land Management.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of State, Tribal, or local government;
(B) a nonprofit organization; and
(C) a private entity.
(b) Pilot Program.--The Secretaries shall establish a pilot
program under which the Secretary concerned may enter into an
agreement with, or issue or amend a land use authorization
to, an eligible entity to allow the eligible entity to carry
out covered activities relating to a covered recreation
facility, subject to the requirements of this section and the
terms of any relevant land use authorization, regardless of
whether the eligible entity holds, on the date of the
enactment of this title, an authorization to be a
concessionaire for the covered recreation facility.
(c) Minimum Number of Agreements or Land Use
Authorizations.--Not later than 3 years after the date of the
enactment of this title, the Secretary concerned shall enter
into at least 1 agreement or land use authorization under
subsection (b) 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.
(d) Requirements.--
(1) Development plans.--Before entering into an agreement
or issuing a land use authorization under subsection (b), an
eligible entity shall submit to the Secretary concerned a
development plan that--
(A) describes investments in the covered recreation
facility to be made by the eligible entity during the first 3
years of the agreement or land use authorization;
(B) describes annual maintenance spending to be made by the
eligible entity for each year of the agreement or land use
authorization; and
(C) includes any other terms and conditions determined to
be necessary or appropriate by the Secretary concerned.
(2) Agreements and land use authorizations.--An agreement
or land use authorization under subsection (b) 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 the agreement or
issues or amends the land use authorization, the applicable
eligible entity shall expend, place in an escrow account for
the eligible entity to expend, or deposit in a special
account in the Treasury for expenditure by the Secretary
concerned, without further appropriation, for covered
activities relating to the applicable covered recreation
facility, an amount or specified percentage, as determined by
the Secretary concerned, which shall be equal to not less
than $500,000, of the anticipated receipts for the term of
the agreement or land use authorization;
(C) require the eligible entity to operate and maintain the
covered recreation facility and any associated infrastructure
designated by the Secretary concerned in a manner acceptable
to the Secretary concerned and the eligible 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 eligible entity of the rights
provided by the agreement or land use authorization, taking
into account the capital invested by, and obligations of, the
eligible 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 eligible entity that is
separate from the routine costs of operating and maintaining
the applicable covered recreation facility and any associated
infrastructure designated by the Secretary concerned, as
determined to be appropriate by the Secretary concerned;
(F) include provisions stating that--
(i) the eligible entity shall obtain no property interest
in the covered recreation facility pursuant to the
expenditures of the eligible entity, as required by the
agreement or land use authorization;
(ii) all structures and other improvements constructed,
reconstructed, or nonroutinely maintained by that entity
under the agreement or land use authorization on land owned
by the United States shall be the property of the United
States; and
(iii) the eligible entity shall be solely responsible for
any cost associated with the decommissioning or removal of a
capital improvement, if needed, at the conclusion of the
agreement or land use authorization; and
(G) be subject to any other terms and conditions determined
to be necessary or appropriate by the Secretary concerned.
(e) Land Use Fee Retention.--A land use fee paid or revenue
shared with the Secretary concerned under an agreement or
land use authorization under this section shall be available
for expenditure by the Secretary concerned for recreation-
related purposes on the unit or area of Federal recreational
lands and waters at which the land use fee or revenue is
collected, without further appropriation.
SEC. 154. PARKING AND RESTROOM OPPORTUNITIES FOR FEDERAL
RECREATIONAL LANDS AND WATERS.
(a) Parking Opportunities.--
(1) In general.--The Secretaries shall seek to increase and
improve parking opportunities for persons recreating on
Federal recreational lands and waters--
(A) in accordance with existing laws and applicable land
use plans;
(B) in a manner that minimizes any increase in maintenance
obligations on Federal recreational lands and waters; and
(C) in a manner that does not impact wildlife habitat that
is critical to the mission of a Federal agency responsible
for managing Federal recreational lands and waters.
(2) Authority.--To supplement the quantity of parking
spaces available at units of Federal recreational lands and
waters on the date of the enactment of this title, the
Secretaries may--
(A) enter into a public-private partnership for parking
opportunities on non-Federal land;
(B) enter into contracts or agreements with State, Tribal,
or local governments for parking opportunities using non-
Federal lands and resources; or
(C) provide alternative transportation systems for a unit
of Federal recreational lands and waters.
(b) Restroom Opportunities.--
(1) In general.--The Secretaries shall seek to increase and
improve the function, cleanliness, and availability of
restroom facilities for persons recreating on Federal
recreational lands and waters, including by entering into
partnerships with non-Federal partners, including State,
Tribal, and local governments and volunteer organizations.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall submit a report
to Congress that identifies--
(A) challenges to maintaining or improving the function,
cleanliness, and availability of restroom facilities on
Federal recreational lands and waters;
(B) the current state of restroom facilities on Federal
recreational lands and waters and the effect restroom
facilities have on visitor experiences; and
(C) policy recommendations that suggest innovative new
models or partnerships to increase or improve the function,
cleanliness, and availability of restroom facilities for
persons recreating on Federal recreational lands and waters.
SEC. 155. 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
[[Page H2172]]
(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 contribute funding for a pay-for-performance project only
if--
(i) the Secretary of Agriculture demonstrates that--
(I) the pay-for-performance project would provide a cost
savings to the United States;
(II) the funding would accelerate the pace of
implementation of an activity previously planned to be
completed by the Secretary of Agriculture; or
(III) the funding would accelerate the scale 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)--
(i) shall be retained in a separate fund in the Treasury to
be used solely for pay-for-performance projects; and
(ii) shall 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
[[Page H2173]]
(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 the
date that is 7 years after the date of the enactment of this
title.
(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.
SEC. 156. OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity or combination of entities that represents or
otherwise serves a qualifying 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; or
(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'' has the same meaning given that term in 26 U.S.C.
45D(e)(1).
(5) Outdoor recreation legacy partnership program.--The
term ``Outdoor Recreation Legacy Partnership Program'' means
the program codified under subsection (b)(1).
(6) Qualifying area.--The term ``qualifying 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.
(b) Grants Authorized.--
(1) Codification of program.--
(A) In general.--There is established an existing program,
to be known as the ``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 areas; and
(ii) to develop new or renovate existing outdoor recreation
facilities that provide outdoor recreation opportunities to
the public in qualifying 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 a qualifying area;
(ii) engage and empower low-income communities and youth;
(iii) provide employment or job training opportunities for
youth or low-income 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) Administrative expenses.--Not more than 7 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 low-income
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
local governments, including cooperative agreements with
community-based eligible nonprofit organizations;
(E) develop Native American event sites and cultural
gathering spaces;
(F) provide benefits such as community resilience,
reduction of urban heat islands, enhanced water or air
quality, or habitat for fish or wildlife; and
(G) facilitate any combination of purposes listed in
subparagraphs (A) through (F).
(4) Eligible uses.--
(A) In general.--Subject to subparagraph (B), an eligible
entity may use a grant awarded under paragraph (1) for a
project described in subparagraph (A) or (B) of that
paragraph.
(B) Limitations on use.--An eligible entity 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 nonoutdoor purposes; or
(v) acquisition of land or interests in land that restrict
public access.
(C) Conversion to other than public outdoor recreation
use.--
(i) In general.--No property acquired or developed with
assistance under this section shall, without the approval of
the Secretary, be converted to other than public outdoor
recreation use.
(ii) Condition for approval.--The Secretary shall approve a
conversion only if the Secretary finds it to be in accordance
with the then-existing comprehensive Statewide outdoor
recreation plan and only on such conditions as the Secretary
considers necessary to ensure the substitution of other
recreation properties of at least equal fair market value and
of reasonably equivalent usefulness and location.
(iii) Wetland areas and interests therein.--Wetland areas
and interests therein as identified in the wetlands
provisions of the comprehensive plan and proposed to be
acquired as suitable replacement property within the same
State that is otherwise acceptable to the Secretary, acting
through the Director of the National Park Service, shall be
deemed to be of reasonably equivalent usefulness with the
property proposed for conversion.
(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. 157. AMERICAN BATTLEFIELD PROTECTION PROGRAM
ENHANCEMENT.
(a) Definitions.--Section 308101 of title 54, United States
Code, is amended to read as follows:
``Sec. 308101. Definitions
``In this chapter:
``(1) Secretary.--The term `Secretary' means the Secretary,
acting through the American Battlefield Protection Program.
``(2) Battlefield reports.--The term `Battlefield Reports'
means, collectively--
``(A) the document entitled `Report on the Nation's Civil
War Battlefields', prepared by the Civil War Sites Advisory
Commission, and dated July 1993; and
``(B) the document entitled `Report to Congress on the
Historic Preservation of Revolutionary War and War of 1812
Sites in the United States', prepared by the National Park
Service, and dated September 2007.''.
(b) Preservation Assistance.--Section 308102(a) of title
54, United States Code, is amended by striking ``Federal''
and all that follows through ``organizations'' and inserting
``Federal agencies, States, Tribes, local governments, other
public entities, educational institutions, and nonprofit
organizations''.
(c) Battlefield Land Acquisition Grants Improvements.--
Section 308103 of title 54, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Eligible Site Defined.--In this section, the term
`eligible site'--
``(1) means a site that--
``(A) is not within the exterior boundaries of a unit of
the National Park System; and
``(B) is identified in the Battlefield Reports as a
battlefield; and
``(2) excludes sites identified in the Battlefield Reports
as associated historic sites.'';
(2) in subsection (b), by striking ``State and local
governments'' and inserting
[[Page H2174]]
``States, Tribes, local governments, and nonprofit
organizations'';
(3) in subsection (c), by striking ``State or local
government'' and inserting ``State, Tribe, or local
government''; and
(4) in subsection (e), by striking ``under this section''
and inserting ``under this section, including by States,
Tribes, local governments, and nonprofit organizations,''.
(d) Battlefield Restoration Grants Improvements.--Section
308105 of title 54, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Establishment.--The Secretary shall establish a
battlefield restoration grant program (referred to in this
section as the `program') under which the Secretary may
provide grants to States, Tribes, local governments, and
nonprofit organizations for projects that restore day-of-
battle conditions on--
``(1) land preserved and protected under the battlefield
acquisition grant program established under section
308103(b); or
``(2) battlefield land that is--
``(A) owned by a State, Tribe, local government, or
nonprofit organization; and
``(B) referred to in the Battlefield Reports.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Eligible Sites.--The Secretary may make grants under
this section for Revolutionary War, War of 1812, and Civil
War battlefield sites--
``(1) eligible for assistance under the battlefield
acquisition grant program established under section
308103(b); or
``(2) on battlefield land that is--
``(A) owned by a State, Tribe, local government, or
nonprofit organization; and
``(B) referred to in battlefield reports.''.
(e) Updates and Improvements.--Chapter 3081 of title 54,
United States Code, is amended by adding at the end the
following:
``Sec. 308106. Updates and improvements to Battlefield
Reports
``Not later than 2 years after the date of the enactment of
this section, and every 10 years thereafter, the Secretary
shall submit to Congress a report that updates the
Battlefield Reports to reflect--
``(1) preservation activities carried out at the
battlefields in the period since the publication of the most
recent Battlefield Reports update;
``(2) changes in the condition, including core and study
areas, of the battlefields during that period; and
``(3) any other relevant developments relating to the
battlefields during that period.''.
(f) Clerical Amendment.--The table of sections for chapter
3081 of title 54, United States Code, is amended as follows:
(1) By amending the item relating to section 308101 to read
as follows: ``308101. Definitions.''.
(2) By adding at the end the following: ``308106. Updates
and improvements to Battlefield Reports.''.
TITLE II--ACCESS AMERICA
SEC. 201. DEFINITIONS.
In this title:
(1) Accessible trail.--The term ``accessible trail'' means
a trail that meets the requirements for a trail under the
Architectural Barriers Act accessibility guidelines.
(2) Architectural barriers act accessibility guidelines.--
The term ``Architectural Barriers Act accessibility
guidelines'' means the accessibility guidelines set forth in
appendices C and D to part 1191 of title 36, Code of Federal
Regulations (or successor regulations).
(3) Assistive technology.--The term ``assistive
technology'' means any item, piece of equipment, or product
system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities,
particularly with participating in outdoor recreation
activities.
(4) Gold star family member.--The term ``Gold Star Family
member'' means an individual described in section 3.3 of
Department of Defense Instruction 1348.36.
(5) Outdoor constructed feature.--The term ``outdoor
constructed feature'' has the meaning given such term in
appendix C to part 1191 of title 36, Code of Federal
Regulations (or successor regulations).
(6) Veterans organization.--The term ``veterans
organization'' means a service provider with outdoor
recreation experience that serves members of the Armed
Forces, veterans, or Gold Star Family members.
Subtitle A--Access for People With Disabilities
SEC. 211. ACCESSIBLE RECREATION INVENTORY.
(a) Assessment.--Not later than 5 years after the date of
the enactment of this title, the Secretary concerned shall--
(1) carry out a comprehensive assessment of outdoor
recreation facilities on Federal recreational lands and
waters under the jurisdiction of the respective Secretary
concerned to determine the accessibility of such outdoor
recreation facilities, consistent with the Architectural
Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 504
of the Rehabilitation Act (29 U.S.C. 794), including--
(A) camp shelters, camping facilities, and camping units;
(B) boat launch ramps;
(C) hunting, fishing, shooting, or archery ranges or
locations;
(D) outdoor constructed features;
(E) picnic facilities and picnic units; and
(F) any other outdoor recreation facilities, as determined
by the Secretary concerned; and
(2) make information about such opportunities available
(including through the use of prominently displayed links) on
public websites of--
(A) each of the Federal land management agencies; and
(B) each relevant unit and subunit of the Federal land
management agencies.
(b) Inclusion of Current Assessments.--As part of the
comprehensive assessment required under subsection (a)(1), to
the extent practicable, the Secretary concerned may rely on
assessments completed or data gathered prior to the date of
the enactment of this title.
(c) Public Information.--Not later than 7 years after the
date of the enactment of this title, the Secretary concerned
shall identify opportunities to create, update, or replace
signage and other publicly available information, including
web page information, related to accessibility and consistent
with the Architectural Barriers Act of 1968 (42 U.S.C. 4151
et seq.) and section 504 of the Rehabilitation Act (29 U.S.C.
794) at outdoor recreation facilities covered by the
assessment required under subsection (a)(1).
SEC. 212. TRAIL INVENTORY.
(a) Assessment.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned shall--
(1) conduct a comprehensive assessment of high-priority
trails, in accordance with subsection (b), on Federal
recreational lands and waters under the jurisdiction of the
respective Secretary concerned, including measuring each
trail's--
(A) average and minimum tread width;
(B) average and maximum running slope;
(C) average and maximum cross slope;
(D) tread type; and
(E) length; and
(2) make information about such high-priority trails
available (including through the use of prominently displayed
links) on public websites of--
(A) each of the Federal land management agencies; and
(B) each relevant unit and subunit of the Federal land
management agencies.
(b) Selection.--The Secretary concerned shall select high-
priority trails to be assessed under subsection (a)(1)--
(1) in consultation with stakeholders, including veterans
organizations and organizations with expertise or experience
providing outdoor recreation opportunities to individuals
with disabilities;
(2) in a geographically equitable manner; and
(3) in no fewer than 15 units or subunits managed by the
Secretary concerned.
(c) Inclusion of Current Assessments.--As part of the
assessment required under subsection (a)(1), the Secretary
concerned may, to the extent practicable, rely on assessments
completed or data gathered prior to the date of the enactment
of this title.
(d) Public Information.--
(1) In general.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned shall
identify opportunities to replace signage and other publicly
available information, including web page information,
related to such high-priority trails and consistent with the
Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.)
and section 504 of the Rehabilitation Act (29 U.S.C. 794) at
high-priority trails covered by the assessment required under
subsection (a)(1).
(2) Tread obstacles.--As part of the assessment required
under subsection (a)(1), the Secretary may, to the extent
practicable, include photographs or descriptions of tread
obstacles and barriers.
(e) Assistive Technology Specification.--In publishing
information about each trail under this subsection, the
Secretary concerned shall make public information about
trails that do not meet the Architectural Barriers Act
accessibility guidelines but could otherwise provide outdoor
recreation opportunities to individuals with disabilities
through the use of certain assistive technology.
SEC. 213. TRAIL PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of
the enactment of this title, the Secretary concerned shall
carry out a pilot program to enter into partnerships with
eligible entities to--
(1) measure high-priority trails as part of the assessment
required under section 212;
(2) develop accessible trails under section 214; and
(3) make minor modifications to existing trails to enhance
recreational experiences for individuals with disabilities
using assistive technology--
(A) in compliance with all applicable land use and
management plans of the Federal recreational lands and waters
on which the accessible trail is located; and
(B) in consultation with stakeholders, including veterans
organizations and organizations with expertise or experience
providing outdoor recreation opportunities to individuals
with disabilities.
(b) Locations.--
(1) In general.--The Secretary concerned shall select no
fewer than 5 units or subunits under the jurisdiction of the
respective Secretary concerned to carry out the pilot program
established under subsection (a).
(2) Special rule of construction for the department of the
interior.--In selecting the locations of the pilot program,
the Secretary shall ensure that the pilot program is
[[Page H2175]]
carried out in at least one unit managed by the--
(A) National Park Service;
(B) Bureau of Land Management; and
(C) United States Fish and Wildlife Service.
(c) Sunset.--The pilot program established under this
subsection shall terminate on the date that is 7 years after
the date of the enactment of this title.
SEC. 214. ACCESSIBLE TRAILS.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, the Secretary concerned shall
select a location or locations to develop at least 3 new
accessible trails--
(1) on National Forest System lands in each region of the
Forest Service;
(2) on land managed by the National Park Service in each
region of the National Park Service;
(3) on land managed by the Bureau of Land Management in
each region of the Bureau of Land Management; and
(4) on land managed by the United States Fish and Wildlife
Service in each region of the United States Fish and Wildlife
Service.
(b) Development.--In developing an accessible trail under
subsection (a), the Secretary concerned--
(1) may--
(A) create a new accessible trail;
(B) modify an existing trail into an accessible trail; or
(C) create an accessible trail from a combination of new
and existing trails; and
(2) shall--
(A) consult with stakeholders with respect to the
feasibility and resources necessary for completing the
accessible trail;
(B) ensure the accessible trail complies with the
Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.)
and section 504 of the Rehabilitation Act (29 U.S.C. 794);
and
(C) to the extent practicable, ensure that outdoor
constructed features supporting the accessible trail,
including trail bridges, parking spaces, and restroom
facilities, meet the requirements of the Architectural
Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 504
of the Rehabilitation Act (29 U.S.C. 794).
(c) Completion.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned, in
coordination with stakeholders described under subsection
(b)(2), shall complete each accessible trail developed under
subsection (a).
(d) Maps, Signage, and Promotional Materials.--For each
accessible trail developed under subsection (a), the
Secretary concerned shall--
(1) publish and distribute maps and install signage,
consistent with Architectural Barriers Act of 1968
accessibility guidelines and section 508 of the
Rehabilitation Act (29 U.S.C. 794d); and
(2) coordinate with stakeholders to leverage any non-
Federal resources necessary for the development, stewardship,
completion, or promotion of the accessible trail.
(e) Conflict Avoidance With Other Uses.--In developing each
accessible trail under subsection (a), the Secretary
concerned shall ensure that the accessible trail--
(1) minimizes conflict with--
(A) the uses in effect before the date of the enactment of
this title with respect to any trail that is part of that
accessible trail;
(B) multiple-use areas where biking, hiking, horseback
riding, off-highway vehicle recreation, or use by pack and
saddle stock are existing uses on the date of the enactment
of this title; or
(C) the purposes for which any trail is established under
the National Trails System Act (16 U.S.C. 1241 et seq.); and
(2) complies with all applicable land use and management
plans of the Federal recreational lands and waters on which
the accessible trail is located.
(f) Reports.--
(1) Interim report.--Not later than 3 years after the date
of the enactment of this title, the Secretary concerned, in
coordination with stakeholders and other interested
organizations, shall prepare and publish an interim report
that lists the accessible trails developed under this section
during the previous 3 years.
(2) Final report.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned, in
coordination with stakeholders and other interested
organizations, shall prepare and publish a final report that
lists the accessible trails developed under this section.
SEC. 215. ACCESSIBLE RECREATION OPPORTUNITIES.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, the Secretary concerned shall
select a location to develop at least 2 new accessible
recreation opportunities--
(1) on National Forest System lands in each region of the
Forest Service;
(2) on land managed by the National Park Service in each
region of the National Park Service;
(3) on land managed by the Bureau of Land Management in
each region of the Bureau of Land Management; and
(4) on land managed by the United States Fish and Wildlife
Service in each region of the United States Fish and Wildlife
Service.
(b) Development.--In developing an accessible recreation
opportunity under subsection (a), the Secretary concerned--
(1) may--
(A) create a new accessible recreation opportunity; or
(B) modify an existing recreation opportunity into an
accessible recreation opportunity; and
(2) shall--
(A) consult with stakeholders with respect to the
feasibility and resources necessary for completing the
accessible recreation opportunity;
(B) ensure the accessible recreation opportunity complies
with the Architectural Barriers Act of 1968 (42 U.S.C. 4151
et seq.) and section 504 of the Rehabilitation Act (29 U.S.C.
794); and
(C) to the extent practicable, ensure that outdoor
constructed features supporting the accessible recreation
opportunity, including trail bridges, parking spaces and
restroom facilities, meet the requirements of the
Architectural Barriers Act of 1968 and section 504 of the
Rehabilitation Act (29 U.S.C. 794).
(c) Accessible Recreation Opportunities.--The accessible
recreation opportunities developed under subsection (a) may
include improving accessibility or access to--
(1) camp shelters, camping facilities, and camping units;
(2) hunting, fishing, shooting, or archery ranges or
locations;
(3) snow activities, including skiing and snowboarding;
(4) water activities, including kayaking, paddling,
canoeing, and boat launch ramps;
(5) rock climbing;
(6) biking;
(7) off-highway vehicle recreation;
(8) picnic facilities and picnic units;
(9) outdoor constructed features; and
(10) any other new or existing recreation opportunities
identified in consultation with stakeholders under subsection
(b)(2) and consistent with the applicable land management
plan.
(d) Completion.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned, in
coordination with stakeholders consulted with under
subsection (b)(2), shall complete each accessible recreation
opportunity developed under subsection (a).
(e) Maps, Signage, and Promotional Materials.--For each
accessible recreation opportunity developed under subsection
(a), the Secretary concerned shall--
(1) publish and distribute maps and install signage,
consistent with Architectural Barriers Act accessibility
guidelines and section 508 of the Rehabilitation Act (29
U.S.C. 794d); and
(2) coordinate with stakeholders to leverage any non-
Federal resources necessary for the development, stewardship,
completion, or promotion of the accessible trail.
(f) Conflict Avoidance With Other Uses.--In developing each
accessible recreation opportunity under subsection (a), the
Secretary concerned shall ensure that the accessible
recreation opportunity--
(1) minimizes conflict with--
(A) the uses in effect before the date of the enactment of
this title with respect to any Federal recreational lands and
waters on which the accessible recreation opportunity is
located; or
(B) multiple-use areas in existence on the date of the
enactment of this title; and
(2) complies with all applicable land use and management
plans of the Federal recreational lands and waters on which
the accessible recreational opportunity is located.
(g) Reports.--
(1) Interim report.--Not later than 3 years after the date
of the enactment of this title, the Secretary concerned, in
coordination with stakeholders and other interested
organizations, shall prepare and publish an interim report
that lists the accessible recreation opportunities developed
under this section during the previous 3 years.
(2) Final report.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned, in
coordination with stakeholders and other interested
organizations, shall prepare and publish a final report that
lists the accessible recreation opportunities developed under
this section.
SEC. 216. ASSISTIVE TECHNOLOGY.
In carrying out this subtitle, the Secretary concerned may
enter into partnerships, contracts, or agreements with other
Federal, State, Tribal, local, or private entities, including
existing outfitting and guiding services, to make assistive
technology available on Federal recreational lands and
waters.
SEC. 217. SAVINGS CLAUSE.
Nothing in the subtitle shall be construed to create any
conflicting standards with the Architectural Barriers Act of
1968 (42 U.S.C. 4151 et seq.) and section 504 of the
Rehabilitation Act (29 U.S.C. 794).
Subtitle B--Military and Veterans in Parks
SEC. 221. PROMOTION OF OUTDOOR RECREATION FOR MILITARY
SERVICEMEMBERS AND VETERANS.
Not later than 2 years after the date of the enactment of
this title, the Secretary concerned, in coordination with the
Secretary of Veterans Affairs and the Secretary of Defense,
shall develop educational and public awareness materials to
disseminate to members of the Armed Forces and veterans,
including through preseparation counseling of the Transition
Assistance Program under chapter 1142 of title 10, United
States Code, on--
(1) opportunities for members of the Armed Forces and
veterans to access Federal recreational lands and waters free
of charge under section 805 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6804);
(2) the availability and location of accessible trails,
including new accessible trails developed and completed under
section 214;
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(3) the availability and location of accessible recreation
opportunities, including new accessible recreation
opportunities developed and completed under section 215;
(4) access to, and assistance with, assistive technology;
(5) outdoor-related volunteer and wellness programs;
(6) the benefits of outdoor recreation for physical and
mental health;
(7) resources to access guided outdoor trips and other
outdoor programs connected to the Department of Defense, the
Department of Veterans Affairs, the Department of the
Interior, or the Department of Agriculture; and
(8) programs and jobs focused on continuing national
service such as Public Land Corps, AmeriCorps, and
conservation corps programs.
SEC. 222. MILITARY VETERANS OUTDOOR RECREATION LIAISONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, the Secretaries and the
Secretary of Veterans Affairs shall each establish within
their Departments the position of Military Veterans Outdoor
Recreation Liaison.
(b) Duties.--The Military Veterans Outdoor Recreation
Liaison shall--
(1) coordinate the implementation of this subtitle;
(2) implement recommendations identified by the Task Force
on Outdoor Recreation for Veterans established under section
203 of the Veterans Comprehensive Prevention, Access to Care,
and Treatment Act of 2020 (Public Law 116-214), including
recommendations related to--
(A) identifying new opportunities to formalize coordination
between the Department of Veterans Affairs, Department of
Agriculture, Department of the Interior, and partner
organizations regarding the use of Federal recreational lands
and waters for facilitating health and wellness for veterans;
(B) addressing identified barriers that exist to providing
veterans with opportunities to augment the delivery of
services for health and wellness through the use of outdoor
recreation on Federal recreational lands and waters; and
(C) facilitating the use of Federal recreational lands and
waters for promoting wellness and facilitating the delivery
of health care and therapeutic interventions for veterans;
(3) coordinate with Military Veterans Outdoor Recreation
Liaisons at other Federal agencies and veterans
organizations; and
(4) promote outdoor recreation experiences for veterans on
Federal recreational lands and waters through new and
innovative approaches.
SEC. 223. PARTNERSHIPS TO PROMOTE MILITARY AND VETERAN
RECREATION.
(a) In General.--The Secretary concerned shall seek to
enter into partnerships or agreements with State, Tribal,
local, or private entities with expertise in outdoor
recreation, volunteer, accessibility, and health and wellness
programs for members of the Armed Forces or veterans.
(b) Partnerships.--As part of a partnership or agreement
entered into under subsection (a), the Secretary concerned
may host events on Federal recreational lands and waters
designed to promote outdoor recreation among members of the
Armed Forces and veterans.
(c) Financial and Technical Assistance.--Under a
partnership or agreement entered into pursuant to subsection
(a), the Secretary concerned may provide financial or
technical assistance to the entity with which the respective
Secretary concerned has entered into the partnership or
agreement to assist with--
(1) the planning, development, and execution of events,
activities, or programs designed to promote outdoor
recreation for members of the Armed Forces or veterans; or
(2) the acquisition of assistive technology to facilitate
improved outdoor recreation opportunities for members of the
Armed Forces or veterans.
SEC. 224. NATIONAL STRATEGY FOR MILITARY AND VETERAN
RECREATION.
(a) Strategy.--Not later than 1 year after the date of the
enactment of this title, the Federal Interagency Council on
Outdoor Recreation established under section 113 shall
develop and make public a strategy to increase visits to
Federal recreational lands and waters by members of the Armed
Forces, veterans, and Gold Star Family members.
(b) Requirements.--A strategy developed under subsection
(a)--
(1) shall--
(A) establish objectives and quantifiable targets for
increasing visits to Federal recreational lands and waters by
members of the Armed Forces, veterans, and Gold Star Family
members;
(B) include an opportunity for public notice and comment;
(C) emphasize increased recreation opportunities on Federal
recreational lands and waters for members of the Armed
Forces, veterans, and Gold Star Family members; and
(D) provide the anticipated costs to achieve the objectives
and meet the targets established under subparagraph (A); and
(2) shall not establish any preference between similar
recreation facilitated by noncommercial or commercial
entities.
(c) Update to Strategy.--Not later than 5 years after the
date of the publication of the strategy required under
subsection (a), and every 5 years thereafter, the Federal
Interagency Council on Outdoor Recreation shall update the
strategy and make public the update.
SEC. 225. RECREATION RESOURCE ADVISORY COMMITTEES.
Section 804(d) of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6803(d)), is amended--
(1) in paragraph (5)(A), by striking ``11'' and inserting
``12''; and
(2) in paragraph (5)(D)(ii)--
(A) by striking ``Three'' and inserting ``Four''; and
(B) after subclause (III), by inserting the following:
``(IV) Veterans organizations, as such term is defined in
section 201 of the EXPLORE Act.''; and
(3) in paragraph (8) by striking ``Eight'' and inserting
``Six''.
SEC. 226. CAREER AND VOLUNTEER OPPORTUNITIES FOR VETERANS.
(a) Veteran Hiring.--The Secretaries are strongly
encouraged to hire veterans in all positions related to the
management of Federal recreational lands and waters.
(b) Pilot Program.--
(1) Establishment.--The Secretary, in consultation with the
Assistant Secretary of Labor for Veterans' Employment and
Training and the Secretary of Veterans Affairs, shall
establish a pilot program under which veterans are employed
by the Federal Government in positions that relate to the
conservation and resource management activities of the
Department of the Interior.
(2) Positions.--The Secretary shall--
(A) identify vacant positions in the Department of the
Interior that are appropriate to fill using the pilot
program; and
(B) to the extent practicable, fill such positions using
the pilot program.
(3) Application of civil service laws.--A veteran employed
under the pilot program shall be treated as an employee as
defined by section 2105 of title 5, United States Code.
(4) Briefings and report.--
(A) Initial briefing.--Not later than 60 days after the
date of the enactment of this title, the Secretary and the
Assistant Secretary of Labor for Veterans' Employment and
Training shall jointly provide to the appropriate
congressional committees a briefing on the pilot program
under this subsection, which shall include--
(i) a description of how the pilot program will be carried
out in a manner to reduce the unemployment of veterans; and
(ii) any recommendations for legislative actions to improve
the pilot program.
(B) Implementation briefing.--Not later than 1 year after
the date on which the pilot program under subsection (a)
commences, the Secretary and the Assistant Secretary of Labor
for Veterans' Employment and Training shall jointly provide
to the appropriate congressional committees a briefing on the
implementation of the pilot program.
(C) Final report.--Not later than 30 days after the date on
which the pilot program under subsection (a) terminates under
paragraph (5), the Secretary and the Assistant Secretary of
Labor for Veterans' Employment and Training shall jointly
submit to the appropriate congressional committees a report
on the pilot program that includes the following:
(i) The number of veterans who applied to participate in
the pilot program.
(ii) The number of such veterans employed under the pilot
program.
(iii) The number of veterans identified in clause (ii) who
transitioned to full-time positions with the Federal
Government after participating in the pilot program.
(iv) Any other information the Secretary and the Assistant
Secretary of Labor for Veterans' Employment and Training
determine appropriate with respect to measuring the
effectiveness of the pilot program.
(5) Duration.--The authority to carry out the pilot program
under this subsection shall terminate on the date that is 2
years after the date on which the pilot program commences.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Veterans' Affairs and the Committee on
Natural Resources of the House of Representatives; and
(2) the Committee on Veterans' Affairs and the Committee on
Energy and Natural Resources of the Senate.
(d) Outdoor Recreation Program Attendance.--Each Secretary
of a military department is encouraged to allow members of
the Armed Forces on active duty status to participate in
programs related to environmental stewardship or guided
outdoor recreation.
Subtitle C--Youth Access
SEC. 231. INCREASING YOUTH RECREATION VISITS TO FEDERAL LAND.
(a) Strategy.--Not later than 2 years after the date of the
enactment of this title, the Secretaries, acting jointly,
shall develop and make public a strategy to increase the
number of youth recreation visits to Federal recreational
lands and waters.
(b) Requirements.--A strategy developed under subsection
(a)--
(1) shall--
(A) emphasize increased recreation opportunities on Federal
recreational lands and waters for underserved youth;
(B) establish objectives and quantifiable targets for
increasing youth recreation visits; and
[[Page H2177]]
(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) Update to Strategy.--Not later than 5 years after the
date of the publication of the strategy required under
subsection (a), and every 5 years thereafter, the Secretaries
shall update the strategy and make public the update.
(d) 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.
SEC. 232. EVERY KID OUTDOORS ACT EXTENSION.
Section 9001(b) of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (Public Law 116-9) is
amended--
(1) in paragraph (2)(B), by striking ``during the period
beginning on September 1 and ending on August 31 of the
following year'' and inserting ``for a 12-month period that
begins on a date determined by the Secretaries''; and
(2) in paragraph (5), by striking ``the date that is 7
years after the date of enactment of this Act'' and inserting
``September 30, 2031''.
TITLE III--SIMPLIFYING OUTDOOR ACCESS FOR RECREATION
SEC. 301. DEFINITIONS.
In this title:
(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) Multijurisdictional trip.--The term
``multijurisdictional trip'' means a trip that--
(A) uses 2 or more units of Federal recreational lands and
waters; and
(B) is under the jurisdiction of 2 or more Federal land
management agencies.
(3) 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 311).
(4) 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 311).
(5) 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.
Subtitle A--Modernizing Recreation Permitting
SEC. 311. SPECIAL RECREATION PERMIT AND FEE.
(a) 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'' and
inserting ``section 805'';
(5) in paragraph (9), by striking ``section 5'' and
inserting ``section 805'';
(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 arranging the paragraphs (as so
redesignated) 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).'';
(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 of 75
participants or more;
``(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 or activity;
``(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;
``(II) a single competitive event; or
``(III) at the discretion of the Secretary, a recurring
organized group recreation activity (including an outfitting
and guiding activity) that--
``(aa) is a structured or scheduled activity;
``(bb) is not competitive;
``(cc) may charge a participation fee;
``(dd) occurs in a group size of fewer than 7 participants;
``(ee) involves fewer than 40 visitor-use days; and
``(ff) is undertaken or provided by the recreation service
provider for a term of not more than 180 days; 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 temporary special recreation permit authorized
under section 316 of the EXPLORE Act.
``(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.''; and
(11) by inserting at the end the following:
``(16) State.--The term `State' means each of the several
States, the District of Columbia, and each territory of the
United States.''.
(b) Special Recreation Permits and Fees.--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--
``(i) may develop and make available to the public an
application to obtain a special recreation permit described
in clause (i) of section 802(13)(A); and
``(ii) shall develop and make available to the public an
application to obtain a special recreation permit described
in each of clauses (ii) through (iv) of section 802(13)(A).
``(B) Issuance of permits.--On review of a completed
application developed under subparagraph (A), as applicable,
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, except where otherwise
prohibited by law.
``(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 in accordance with this paragraph.
``(B) Predetermined special recreation permit fees.--
``(i) In general.--For purposes of subparagraphs (D) and
(E) of this paragraph, the Secretary shall establish and may
charge a predetermined fee, described in clause (ii) of this
subparagraph, 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) of this subparagraph.
``(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 the
enactment of the EXPLORE Act;
``(II) be established after the date of the enactment of
the EXPLORE Act, in accordance with subsection (b);
``(III)(aa) be established after the date of the enactment
of the EXPLORE Act; 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 the enactment of the EXPLORE Act, be $6 per visitor-use
day in instances in which the Secretary has not established a
predetermined fee under subclause (I), (II), or (III).
``(C) Calculation of fees for specialized recreational uses
and large-group activities or events.--The Secretary may, at
the
[[Page H2178]]
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 or events, competitive events, and
certain recurring organized group recreation activities.--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 temporary 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 or the United States Fish and Wildlife Service
for the provision of accommodations, facilities, or services;
or
``(II) a commercial use authorization or special use permit
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 320 of the EXPLORE Act.
``(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 available
recreation 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--
``(i) 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; and
``(ii) on the appropriate website for such unit or area.
``(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 recreation fees.--Beginning on
January 1, 2026, 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, 2025, 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.''.
(c) Conforming Amendment.--Section 804 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6803) is amended by
striking subsection (e).
(d) Use of Special Recreation Permit 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(a)(7)'' and
inserting ``section 805(a)(7)''; and
(B) in paragraph (2), by striking ``section 5(d)'' and
inserting ``section 805(d)''.
(e) Reauthorization.--Section 810 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6809) is amended by
striking ``2019'' and inserting ``2031''.
SEC. 312. PERMITTING PROCESS IMPROVEMENTS.
(a) In General.--To simplify the process of the issuance
and or reissuance of special recreation permits and reduce
the cost of administering special recreation permits under
section 803(h) of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6802) (as amended by this title), the
Secretaries shall each--
(1) during the period beginning on January 1, 2021, and
ending on January 1, 2025--
(A) evaluate the process for issuing special recreation
permits; and
(B) based on the evaluation under subparagraph (A),
identify opportunities to--
(i) eliminate duplicative processes with respect to issuing
special recreation permits;
(ii) reduce costs for the issuance of special recreation
permits;
(iii) decrease processing times for special recreation
permits; and
(iv) issue simplified special recreation permits, including
special recreation permits for an organized group recreation
activity or event under subsection (e); and
(2) not later than 1 year after the date on which the
Secretaries complete their respective 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
[[Page H2179]]
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 2 years after
the date of the enactment of this title, the Secretary
concerned shall--
(A) evaluate whether existing categorical exclusions
available to the Secretary concerned on the date of the
enactment of this title are consistent with the provisions of
this title;
(B) evaluate 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 title; and
(C) revise relevant agency regulations and policy
statements and guidance documents, as necessary, to modify
existing categorical exclusions or incorporate new
categorical exclusions based on evaluations conducted under
this paragraph.
(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 section 803(h) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) (as amended by this title).
(d) Online Applications.--Not later than 3 years after the
date of the enactment of this title, the Secretaries shall
make the application for a special recreation permit under
section 803(h) of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6802) (as amended by this title), 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) Special Recreation Permits for an Organized Group
Recreation Activity or Event.--
(1) Definitions.--In this subsection:
(A) Special recreation permit for an organized group
recreation activity or event.--The term ``special recreation
permit for an organized group recreation activity or event''
means a special recreation permit described in subclause (I)
or (III) of paragraph (13)(A)(iii) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by this title).
(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 this title), a special recreation permit for an
organized group recreation activity or event shall not be
subject to that allocation of visitor-use days.
(3) Issuance.--In accordance with paragraphs (5) and (6),
if use by the general public is not subject to a limited
entry permit system and if capacity is available for the
times or days in which the proposed activity or event would
be undertaken, on request of a recreation service provider
(including a youth group) to conduct an organized group
recreation activity or event described in subclause (I) or
(III) of paragraph (13)(A)(iii) of section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended
by this title), the Secretary concerned--
(A) shall make a nominal effects determination to determine
whether the proposed activity or event would have more than
nominal effects on Federal recreational lands and waters,
resources, and programs; and
(B)(i) shall not require a recreation service provider
(including a youth group) to obtain a special recreation
permit for an organized group recreation activity or event if
the Secretary concerned determines--
(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;
(ii) in the case of an organized group recreation activity
or event described in section 802(13)(A)(iii)(I) of that Act,
may issue to a recreation service provider (including a youth
group) a special recreation permit for an organized group
recreation activity or event, subject to any terms and
conditions as are determined to be appropriate by the
Secretary concerned, if the Secretary concerned determines--
(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 necessary to protect or avoid
conflict on or with Federal recreational lands and waters,
resources, and programs;
(iii) in the case of an organized group recreation activity
or event described in section 802(13)(A)(iii)(III) of that
Act, shall issue to a recreation service provider (including
a youth group) a special recreation permit for an organized
group recreation activity or event, subject to such terms and
conditions determined to be appropriate by the Secretary
concerned, if the Secretary concerned determines--
(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 necessary to protect or avoid
conflict on or with Federal recreational lands and waters,
resources, and programs; and
(iv) may issue to a recreation service provider (including
a youth group) a special recreation permit for an organized
group recreation activity or event, subject to any terms and
conditions determined to be appropriate by the Secretary
concerned, if the Secretary concerned determines--
(I) the proposed activity or event to be undertaken may
have more than nominal effects on Federal recreational lands
and waters, resources, and programs; and
(II) establishing additional terms and conditions for the
proposed activity or event would be 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 a special recreation permit for an organized group
recreation activity or event.
(5) Savings clause.--Nothing in this subsection prevents
the Secretary concerned from limiting or abating the
allowance of a proposed activity or event under paragraph
(3)(B)(i) or the issuance of a special recreation permit for
an organized group recreation activity or event, based on
resource conditions, administrative burdens, or safety
issues.
(6) Qualifications.--A special recreation permit for an
organized group recreation activity or event issued under
paragraph (3) shall be subject to the health and safety
standards required by the Secretary concerned for a permit
issued under paragraph (13)(A)(iv) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by this title).
SEC. 313. 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
this title), 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) Surrender of Unused Visitor-Use Days.--
(1) 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 this title) may--
(A) 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
(B) surrender to the Secretary concerned the unused
visitor-use days for the applicable year for temporary
reassignment under section 318(b).
(2) Determination.--To ensure a recreation service provider
described in paragraph (1) is able to make an informed
decision before surrendering any unused visitor-use day under
paragraph (1)(B), 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 317(b)(3)(B) before the recreation service provider
surrenders the unused visitor-use day.
(d) 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. 314. PERMIT ADMINISTRATION.
(a) Permit Availability.--
[[Page H2180]]
(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 determines 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 that
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) the reissuance of an existing special recreation permit
or commercial use authorization for outfitting and guiding;
or
(II) the issuance of 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 section 803(h)(1) of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as
amended by this title) or commercial use authorizations for
outfitting and guiding.
(b) Permit Application or Proposal Acknowledgment.--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 section
803(h)(1) of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6802) (as amended by this title), the Secretary
concerned shall--
(1) provide to the applicant notice acknowledging receipt
of the application or proposal; and
(2)(A) issue a final decision with respect to the
application or proposal; or
(B) provide to the applicant notice of a projected date for
a final decision on the application or proposal.
(c) 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. 315. SERVICE FIRST INITIATIVE; PERMITS FOR
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 2024, and each fiscal year
thereafter, the Secretaries may carry out an initiative, to
be known as the ``Service First Initiative'', under which the
Secretaries, or Federal land management agencies within their
departments, may--
(A) establish programs to conduct projects, planning,
permitting, leasing, contracting, and other activities,
either jointly or on behalf of one another;
(B) co-locate in Federal offices and facilities leased by
an agency of the Department of the Interior or the Department
of Agriculture; and
(C) issue rules to test the feasibility of issuing unified
permits, applications, and leases, subject to the limitations
in this section.
(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.--Subject to the availability of
appropriations and to facilitate the sharing of resources
under the Service First Initiative, the Secretaries are
authorized to mutually transfer funds between, or reimburse
amounts expended from, appropriate accounts of either
Department on an annual basis, including transfers and
reimbursements for multiyear projects, except that this
authority may not be used in a manner that circumvents
requirements or limitations imposed on the use of any of the
funds so transferred or reimbursed.
(5) Report.--The Secretaries shall submit an annual report
to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate describing the activities undertaken
as part of the Service First Initiative in the prior year.
(c) Pilot Program for Special Recreation Permits for
Multijurisdictional Trips.--
(1) In general.--Not later than 2 years after the date of
the enactment of this title, the Secretaries shall establish
a pilot program to offer to a person seeking an authorization
for a multijurisdictional trip a set of separate special
recreation permits or commercial use authorizations that
authorizes the use of each unit of Federal recreational lands
and waters on which the multijurisdictional trip occurs,
subject to the authorities that apply to the applicable unit
of Federal recreational lands and waters.
(2) Minimum number of permits.--Not later than 4 years
after the date of the enactment of this title, the
Secretaries shall issue not fewer than 10 sets of separate
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 this title) 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
set of separate special recreation permits or commercial use
authorizations; and
(B) select not fewer than 4 offices at which a person shall
be able to apply for a set of separate special recreation
permits or commercial use authorizations, 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 set
of separate special recreation permits or commercial use
authorizations 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, under the authorities
that apply to the applicable Federal recreational lands and
waters.
(5) Option to apply for separate special recreation permits
or commercial use authorizations.--A person seeking the
appropriate permits or authorizations 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 set of separate special recreational permits or
commercial use authorizations 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. 316. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT
TEMPORARY SPECIAL RECREATION PERMITS FOR
OUTFITTING AND GUIDING.
(a) In General.--Not later than 180 days after the date of
enactment of this title, the Secretary concerned shall
establish and implement a program to authorize the issuance
of temporary special recreation permits for new or additional
recreational uses of Federal recreational land and water
managed by the Forest Service and the Bureau of Land
Management.
(b) Term of Temporary Permits.--A temporary special
recreation permit issued under paragraph (1) shall be issued
for a period of not more than 2 years.
(c) Conversion to Long-term Permit.--If the Secretary
concerned determines that a permittee under paragraph (1) has
completed 2 years of satisfactory operation under the permit
proposed to be converted, the Secretary may provide for the
conversion of a temporary special recreation permit issued
under paragraph (1) to a long-term special recreation permit.
(d) Effect.--Nothing in this subsection alters or affects
the authority of the Secretary 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 this title).
SEC. 317. REVIEWS FOR LONG-TERM PERMITS.
(a) Monitoring.--The Secretary concerned shall monitor each
recreation service provider issued a special recreation
permit for compliance with the terms of the permit--
(1) not less than annually or as frequently as needed (as
determined by the Secretary concerned), in the case of a
temporary special recreation permit for outfitting and
guiding issued under section 316; and
(2) not less than once every 2 years or as frequently as
needed (as determined by the Secretary concerned), 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 this title)
that is issued for a term of not more than 10 years.
[[Page H2181]]
(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
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
this title), once every 5 years.
(2) Requirements of the review.--In conducting a review
under paragraph (1), the Secretary concerned shall
determine--
(A) the number of visitor-use days that the recreation
service provider used each year under the special recreation
permit, in accordance with paragraph (3); and
(B) the year in which the recreation service provider used
the most visitor-use days under the special recreation
permit.
(3) Consideration of surrendered, unused visitor-use
days.--For the purposes of determining the number of visitor-
use days a recreation service provider 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(c)(1)(B)
as--
(A) 1/2 of a visitor-use day used; or
(B) 1 visitor-use day used, if the Secretary concerned
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. 318. ADJUSTMENT OF ALLOCATED VISITOR-USE DAYS.
(a) Adjustments Following Use of Allocation Reviews.--On
the completion of a use-of-allocation review conducted under
section 317(b) for 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
this title), 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 317, 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 recreation service provider 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 317, the annual number of visitor-
use days allocated for each remaining year of the special
recreation 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 Visitor-Use Days.--The
Secretary concerned may temporarily assign unused visitor-use
days, made available under section 313(c)(1)(B), 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
this title), including the public.
(c) Additional Capacity.--If unallocated visitor-use days
are available, the Secretary concerned may, at any time,
amend a special recreation permit to allocate additional
visitor-use days to a qualified recreation service provider.
SEC. 319. 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
this title) 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;
(2) self-insurance, which covers the United States as an
additional insured, if authorized by State law; or
(3) a combination of the coverage described in paragraphs
(1) and (2).
(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 or holder of the commercial use authorization 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
the enactment of this title, the Secretaries shall--
(A) review the policies of the Secretaries pertaining to
the use of exculpatory agreements by recreation service
providers and holders of commercial use authorizations; 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 and holders of commercial use authorizations
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. 320. 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, or holder of, a special recreation
permit to recover administrative costs incurred by the
Secretary concerned for--
(1) processing a proposal or application for the special
recreation permit;
(2) issuing the special recreation permit; and
(3) monitoring the special recreation permit to ensure
compliance with the terms and conditions of the special
recreation permit.
(b) De Minimis Exemption From Cost Recovery.--If the
administrative costs described in subsection (a) are assessed
on an hourly basis, the Secretary concerned shall--
(1) 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); and
(2) charge an applicant only for any hours that exceed the
de minimis threshold.
(c) Multiple Applications.--If the Secretary concerned
collectively processes multiple applications for special
recreation permits for the same or 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.
[[Page H2182]]
(e) Cost Reduction.--To the maximum extent practicable, the
agency processing an application for a special recreation
permit shall use existing studies and analysis to reduce the
quantity of work and costs necessary to process the
application.
SEC. 321. AVAILABILITY OF FEDERAL, STATE, AND LOCAL
RECREATION PASSES.
(a) In General.--The Federal Lands Recreation Enhancement
Act is amended by inserting after section 805 (16 U.S.C.
6804) the following:
``SEC. 805A. AVAILABILITY OF FEDERAL, STATE, AND LOCAL
RECREATION PASSES.
``(a) Establishment of Program.--
``(1) In general.--To improve the availability of Federal,
State, and local outdoor recreation passes, the Secretaries
are encouraged to coordinate with States and counties
regarding the availability of Federal, State, and local
recreation passes to allow a purchaser to buy a Federal
recreation pass, State recreation pass, and local recreation
pass in a single transaction.
``(2) Included passes.--Passes covered by the program
established under paragraph (1) include--
``(A) an America the Beautiful--the National Parks and
Federal Recreational Lands Pass under section 805; and
``(B) any pass covering any fees charged by participating
States and counties for entrance and recreational use of
parks and public land in the participating States.
``(b) Agreements With States and Counties.--
``(1) In general.--The Secretaries, after consultation with
the States and counties, may enter into agreements with
States and counties to coordinate the availability of passes
as described in subsection (a).
``(2) Revenue from pass sales.--Agreements between the
Secretaries, States, and counties entered into pursuant to
this section shall ensure that--
``(A) funds from the sale of State or local passes are
transferred to the appropriate State agency or county
government;
``(B) funds from the sale of Federal passes are transferred
to the appropriate Federal agency; and
``(C) fund transfers are completed by the end of a fiscal
year for all pass sales occurring during the fiscal year.''.
(b) Clerical Amendment.--The table of contents for the
Federal Lands Recreation Enhancement Act is amended by
inserting after the item relating to section 805 the
following:
``Sec. 805A. Availability of Federal, State, and local recreation
passes.''.
SEC. 322. ONLINE PURCHASES AND ESTABLISHMENT OF A DIGITAL
VERSION OF AMERICA THE BEAUTIFUL--THE NATIONAL
PARKS AND FEDERAL RECREATIONAL LANDS PASSES.
(a) Online Purchases of America the Beautiful-The National
Parks and Federal Recreational Lands Pass.--Section 805(a)(6)
of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6804(a)(6)) is amended by striking subparagraph (A) and
inserting the following:
``(A) In general.--The Secretaries shall sell or otherwise
make available 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 or distribution of the Pass is feasible;
``(ii) at such other locations as the Secretaries consider
appropriate and feasible; and
``(iii) through a prominent link to a centralized pass sale
system on the website of each of the Federal land management
agencies and the websites of the relevant units and subunits
of those agencies, which shall include information about
where and when a National Parks and Federal Recreational
Lands Pass may be used.''.
(b) Digital Version of the America the Beautiful--The
National Parks and Federal Recreation Lands Pass.--Section
805(a) of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6804(a)) is amended by adding at the end the
following:
``(10) Digital recreation passes.--Not later than January
1, 2026, 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, including with respect to free and
discounted passes; and
``(B) upon completion of a transaction for a National Parks
and Federal Recreational Lands Pass, make immediately
available to the passholder a digital version of the National
Parks and Federal Recreational Lands Pass established under
subparagraph (A).''.
(c) Entrance Pass and Amenity Fees.--Section 803 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as
amended by this title) 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 under subsection
(f);
``(C) expanded amenity recreation fees under subsection
(g); 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. 323. SAVINGS PROVISION.
Nothing in this subtitle, or in any amendment made by this
subtitle, shall be construed as affecting the authority or
responsibility of the Secretary of the Interior to award
concessions contracts for the provision of accommodations,
facilities, and services, or commercial use authorizations to
provide services, to visitors to U.S. Fish and Wildlife
Service refuges or units of the National Park System pursuant
to subchapter II of chapter 1019 of title 54, United States
Code (formerly known as the ``National Park Service
Concessions Management Improvement Act of 1998''), except
that sections 314(a), 315, 319(a), 319(b), and 319(c) of this
subtitle shall also apply to commercial use authorizations
under that Act.
Subtitle B--Making Recreation a Priority
SEC. 331. 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, or portion of a unit, of Federal recreational
lands and waters is closed to the public for a continuous
period of 30 days or more, excluding temporary closures
relating to wildlife conservation or public safety; and
(2) permitted or allowable recreational activities, which
provide an economic benefit, including off-season or winter-
season tourism, do not take place at the unit, or portion of
a unit, of Federal recreational lands and waters.
(b) Coordination.--
(1) In general.--The Secretaries shall consult and
coordinate with 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--
(A) to better understand--
(i) trends with respect to visitors to the unit of Federal
recreational lands and waters;
(ii) the effect of seasonal closures on areas of, or
infrastructure on, units of Federal recreational lands and
waters on outdoor recreation opportunities, adjacent
businesses, and local tax revenue; and
(iii) 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; and
(B) to solicit input from, and provide information for,
outdoor recreation marketing campaigns.
(2) Local coordination.--As part of the consultation and
coordination required under subparagraph (1), the Secretaries
shall encourage relevant unit managers of Federal
recreational lands and waters managed by the Forest Service,
the Bureau of Land Management, and the National Park Service
to consult and coordinate with local governments, Indian
Tribes, outdoor recreation-related businesses, and other
local stakeholders operating on or adjacent to the relevant
unit of Federal recreational lands and waters.
(d) Extensions Beyond Seasonal Closures.--
(1) Extension of recreational season.--In the case of a
unit of Federal recreational lands and waters managed by the
Forest Service, the Bureau of Land Management, or the
National Park Service in which recreational use is highly
seasonal, the Secretary concerned, acting through the
relevant unit manager, may--
(A) as appropriate, extend the recreation season or
increase recreation use in a sustainable manner during the
offseason; and
(B) make information about extended season schedules and
related recreational opportunities available to the public
and local communities.
(2) Determination.--In determining whether to extend the
recreation season under this subsection, the Secretary
concerned, acting through the relevant unit manager, shall
consider the benefits of extending the recreation season--
(A) for 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 visitation.
(3) Clarification.--Nothing in this subsection precludes
the Secretary concerned, acting through the relevant unit
manager, from providing for additional recreational
opportunities and uses at times other than those described in
this subsection.
(4) Inclusions.--An extension of a recreation season or an
increase in recreation use during the offseason under
paragraph (1) may include--
(A) the addition of facilities that would increase
recreation use during the offseason; and
(B) improvement of access to the relevant unit to extend
the recreation season.
(5) Requirement.--An extension of a recreation season or
increase in recreation use during the offseason under
paragraph (1) shall be done in compliance with all applicable
Federal laws, regulations, and policies, including land use
plans.
[[Page H2183]]
(6) Agreements.--
(A) In general.--The Secretary concerned 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.
(B) In-kind contributions.--The Secretary concerned may
accept in-kind contributions of goods and services provided
by businesses, local governments, or other entities for
purposes of paragraph (1).
Subtitle C--Maintenance of Public Land
SEC. 341. VOLUNTEERS IN THE NATIONAL FORESTS AND PUBLIC LANDS
ACT.
The Volunteers in the National Forests Act of 1972 (16
U.S.C. 558a et seq.) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Volunteers in the National
Forests and Public Lands Act'.
``SEC. 2. PURPOSE.
``The purpose of this Act is to leverage volunteer
engagement to supplement projects that are carried out by the
Secretaries to fulfill the missions of the Forest Service and
the Bureau of Land Management and 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.
``SEC. 4. AUTHORIZATION.
``The Secretaries are authorized to recruit, train, and
accept without regard to the civil service and classification
laws, rules, or regulations the services of individuals
without compensation as volunteers for or in aid of
recreation access, trail construction or maintenance,
facility construction or maintenance, educational uses
(including outdoor classroom construction or maintenance),
interpretive functions, visitor services, conservation
measures and development, or other activities in and related
to areas administered by the Secretaries. In carrying out
this section, the Secretaries shall consider referrals of
prospective volunteers made by the Corporation for National
and Community Service.
``SEC. 5. INCIDENTAL EXPENSES.
``The Secretaries are authorized to provide for incidental
expenses, such as transportation, uniforms, lodging,
training, equipment, and subsistence.
``SEC. 6. CONSIDERATION AS FEDERAL EMPLOYEE.
``(a) Except as otherwise provided in this section, a
volunteer shall not be deemed a Federal employee and shall
not be subject to the provisions of law relating to Federal
employment, including those relating to hours of work, rates
of compensation, leave, unemployment compensation, and
Federal employee benefits.
``(b) For the purpose of the tort claim provisions of title
28, United States Code, a volunteer under this Act shall be
considered a Federal employee.
``(c) For the purposes of subchapter I of chapter 81 of
title 5, United States Code, relating to compensation to
Federal employees for work injuries, volunteers under this
Act shall be deemed civil employees of the United States
within the meaning of the term `employee' as defined in
section 8101 of title 5, United States Code, and the
provisions of that subchapter shall apply.
``(d) For the purposes of claims relating to damage to, or
loss of, personal property of a volunteer incident to
volunteer service, a volunteer under this Act shall be
considered a Federal employee, and the provisions of section
3721 of title 31, United States Code, shall apply.
``(e) For the purposes of subsections (b), (c), and (d),
the term `volunteer' includes a person providing volunteer
services to either of the Secretaries who--
``(1) is recruited, trained, and supported by a cooperator
under a mutual benefit agreement or cooperative agreement
with either of the Secretaries; and
``(2) performs such volunteer services under the
supervision of the cooperator as directed by either of the
Secretaries in the mutual benefit agreement or cooperative
agreement in the mutual benefit agreement, including
direction that specifies--
``(A) the volunteer services, including the geographic
boundaries of the work 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;
``(C) the on-site visits to be made by either of the
Secretaries, if feasible and only if necessary to verify that
volunteers are performing the volunteer services and the
cooperator is providing the supervision agreed upon;
``(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.
``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.''.
SEC. 342. REFERENCE.
Any reference to the Volunteers in the National Forests Act
of 1972 in any law, regulation, map, document, record, or
other paper of the United States shall be deemed to be a
reference to the Volunteers in the National Forests and
Public Land Act.
Subtitle D--Recreation Not Red Tape
SEC. 351. GOOD NEIGHBOR AUTHORITY FOR RECREATION.
(a) Definitions.--In this section:
(1) Authorized recreation services.--The term ``authorized
recreation services'' means similar and complementary
recreation enhancement or improvement services carried out--
(A) on Federal land, non-Federal land, or land owned by an
Indian Tribe; and
(B) by either the Secretary or a Governor, Indian Tribe, or
county, as applicable, pursuant to a good neighbor agreement.
(2) County.--The term ``county'' means--
(A) the appropriate executive official of an affected
county; or
(B) in any case in which multiple counties are affected,
the appropriate executive official of a compact of the
affected counties.
(3) Federal land.--The term ``Federal land'' means land
that is--
(A) owned and administered by the United States as a part
of--
(i) the National Forest System; or
(ii) the National Park System; or
(B) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
(4) Recreation enhancement or improvement services.--The
term ``recreation enhancement or improvement services''
means--
(A) establishing, repairing, restoring, improving,
relocating, constructing, or reconstructing new or existing--
(i) trails or trailheads;
(ii) campgrounds and camping areas;
(iii) cabins;
(iv) picnic areas or other day use areas;
(v) shooting ranges;
(vi) restroom or shower facilities;
(vii) paved or permanent roads or parking areas that serve
existing recreation facilities or areas;
(viii) fishing piers, wildlife viewing platforms, docks, or
other constructed features at a recreation site;
(ix) boat landings;
(x) hunting or fishing sites;
(xi) infrastructure within ski areas; or
(xii) visitor centers or other interpretative sites; and
(B) activities that create, improve, or restore access to
existing recreation facilities or areas.
(5) Good neighbor agreement.--The term ``good neighbor
agreement'' means a cooperative agreement or contract
(including a sole source contract) entered into between the
Secretary and a Governor, Indian Tribe, or county, as
applicable, to carry out authorized recreation services under
this title.
(6) Governor.--The term ``Governor'' means the Governor or
any other appropriate executive official of an affected State
or the Commonwealth of Puerto Rico.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to National
Forest System land; and
(B) the Secretary of the Interior, with respect to National
Park System land and public lands.
(b) Good Neighbor Agreements for Recreation.--
(1) In general.--The Secretary concerned may enter into a
good neighbor agreement with a Governor, Indian Tribe, or
county to carry out authorized recreation services in
accordance with this title.
(2) Public availability.--The Secretary concerned shall
make each good neighbor agreement available to the public.
(3) Financial and technical assistance.--
(A) In general.--The Secretary concerned may provide
financial or technical assistance to a Governor, Indian
Tribe, or county carrying out authorized recreation services.
(B) Additional treatments of revenue.--Section
8206(b)(2)(C) of the Agricultural Act of 2014 (16 U.S.C.
2113a(b)(2)(C)) is amended to read as follows:
``(C) Treatment of revenue.--
``(i) In general.--Funds received from the sale of timber
by a Governor, Indian Tribe, or county under a good neighbor
agreement shall be retained and used by the Governor, Indian
Tribe, or county, as applicable--
``(I) to carry out authorized restoration services on under
the good neighbor agreement; and
``(II) if there are funds remaining after carrying out
clause (i), to carry out--
``(aa) authorized restoration services under other good
neighbor agreements; or
``(bb) authorized recreation services under the Good
Neighbor Authority for Recreation Act.
``(ii) Termination of effectiveness.--The authority
provided under this subparagraph terminates effective October
1, 2028.''.
(4) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any
authorized recreation services to be provided
[[Page H2184]]
under this section on Federal land shall not be delegated to
a Governor, Indian Tribe, or county.
SEC. 352. 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 Forest Service or the Bureau of Land
Management, the Secretary concerned shall not require a
covered person to obtain a permit solely to access the picnic
area.
(b) Covered Person Defined.--In this section, the term
``covered person'' means a person (including an educational
group) that provides outfitting and guiding services to fewer
than 40 customers per year at a picnic area described in
subsection (a).
SEC. 353. INTERAGENCY REPORT ON SPECIAL RECREATION PERMITS
FOR UNDERSERVED COMMUNITIES.
(a) Covered Community Defined.--In this section, the term
``covered community'' means a rural or urban community,
including an Indian Tribe, that is--
(1) low-income or underserved; and
(2) has been underrepresented in outdoor recreation
opportunities on Federal recreational lands and waters.
(b) Report.--Not later than 3 years after the date of the
enactment of this title, 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 existing or prospective recreation
service providers and holders of commercial use
authorizations 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.
SEC. 354. MODERNIZING ACCESS TO OUR PUBLIC LAND ACT
AMENDMENTS.
The Modernizing Access to Our Public Land Act (16 U.S.C.
6851 et seq.) is amended--
(1) in section 3(1) (16 U.S.C. 6852(1)), by striking
``public outdoor recreational use'' and inserting
``recreation sites'';
(2) in section 5(a)(4) (16 U.S.C. 6854(a)(4)), by striking
``permanently restricted or prohibited'' and inserting
``regulated or closed''; and
(3) in section 6(b) (16 U.S.C. 6855(b))--
(A) by striking ``may'' and inserting ``shall''; and
(B) by striking ``the Secretary of the Interior'' and
inserting ``the Secretaries''.
SEC. 355. SAVINGS PROVISION.
No additional Federal funds are authorized to carry out the
requirements of this Act and the activities authorized by
this Act are subject to the availability of appropriations
made in advance for such purposes.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from New Mexico (Ms. Leger
Fernandez) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. 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 H.R. 6492, as amended, the bill now
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of the Expanding Public Lands Outdoor
Recreation Experiences Act, or EXPLORE Act.
This legislation is a bipartisan effort, cosponsored by Ranking
Member Grijalva of the Committee on Natural Resources.
I want to take a moment to thank Ranking Member Grijalva for his
commitment to this bill and, most importantly, to wish him well in his
fight against cancer. Last week, we were saddened to hear of his recent
diagnosis. I know what a fighter Ranking Member Grijalva is, and I have
confidence that he will be back in D.C. very soon. Our prayers are with
him and his family.
Mr. Speaker, today is the first time in the history of the House that
we will be considering a comprehensive outdoor recreation package aimed
at getting more Americans outdoors and supporting the $1.1 trillion and
growing outdoor recreation economy.
This bipartisan, bicameral bill is the culmination of more than a
year's worth of hearings and markups in the House, and it builds off
years of work in both the House and the Senate.
This legislation is cosponsored by more than 50 of my colleagues on
both sides of the aisle. It is also supported by over 100 organizations
representing outdoor recreation, small businesses, conservation groups,
and sportsmen and -women from across the country.
I grew up and still spend as much time as I can recreating on and
around Arkansas' beautiful public lands, which, in my humble opinion,
are the best the country has to offer. Arkansas is known as the Natural
State because of our plentiful and well-managed forests, rugged
mountains, pristine lakes and rivers, and abundant wildlife. Arkansas
offers truly unmatched places to recreate, hunt, fish, spend time with
loved ones, and simply enjoy God's wonderful creation. We are known for
our world-class mountain biking, duck hunting, trout fishing, and rock
climbing. Outdoor recreation is a part of our heritage and a tradition
we pass on from generation to generation.
That is why I am proud to offer the EXPLORE Act. It includes great
ideas from my colleagues from around the country, ideas which will
improve access and opportunities for outdoor recreation across all of
our public lands and waters. This will ensure that more Americans can
enjoy our great outdoors in the present while leaving them in better
condition for generations to come.
Specifically, the EXPLORE Act will create new long-distance bike
trails, ensure rock climbing continues in wilderness areas, and reduce
the bureaucratic burdens on small business. The bill also helps
encourage the next generation of sportsmen and -women by creating new
target shooting ranges, cutting red tape for filming on public lands,
and addressing invasive species that harm recreational fishing
opportunities.
The EXPLORE Act recognizes that outdoor recreation extends beyond our
public lands and into nearby communities that host millions of visitors
annually. In Arkansas, visits to public lands support an average of
$362 million in economic output. The legislation addresses the
challenges gateway communities face by alleviating overcrowding at
national parks, addressing housing shortages, and modernizing
technology to improve visitor experiences.
I am especially proud that the EXPLORE Act also includes provisions
to tackle many of the barriers that prevent members of our military,
wounded warriors, people with disabilities, and young folks from fully
accessing our public lands. The legislation does this by building new,
accessible trails, directing land managers to prioritize recreational
visits among our military servicemembers, and reauthorizing the
successful Every Kid Outdoors program.
I also highlight the important benefits this legislation provides for
Arkansans. Importantly, this legislation directs the U.S. Forest
Service to reopen closed campgrounds at the popular Albert Pike
Recreation Area in the Ouachita National Forest.
The legislation also creates public-private partnerships to improve
parking opportunities and the availability and cleanliness of restrooms
on public lands, two of the top concerns that I hear from my
constituents.
Finally, this legislation encourages the creation of new off-highway
vehicle recreation opportunities and updates maps for OHV users so they
know what trails are open.
I acknowledge Arkansas Governor Sarah Sanders and First Gentleman
Brian Sanders for their work on the Natural State Initiative, which is
aimed at promoting the beauty and recreation opportunities found in
Arkansas. I also thank Katherine Andrews, the director of the Arkansas
Office of Outdoor Recreation, who testified in support of this
legislation last year. Their work has been instrumental in supporting
the formulation of this legislation and growing Arkansas' outdoor
recreation economy.
Mr. Speaker, I also recognize just a few of the Arkansas
organizations that have lent their support to this bill, including the
Arkansas Climbers Coalition, the Arkansas Canoe Club, and the
[[Page H2185]]
Arkansas chapter of Backcountry Hunters & Anglers.
Mr. Speaker, I urge all of my colleagues to support the bill and
reserve the balance of my time.
House of Representatives,
Committee on Agriculture,
Washington, DC, March 26, 2024.
Hon. Bruce Westerman,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Mr. Chairman: This letter confirms our mutual
understanding regarding H.R. 6492, the ``Expanding Public
Lands Outdoor Recreation Experiences Act'' or the ``EXPLORE
Act''. Thank you for collaborating with the Committee on
Agriculture on the matters within our jurisdiction.
The Committee on Agriculture will forego any further
consideration of this bill. However, by foregoing
consideration at this time, we do not waive any jurisdiction
over any subject matter contained in this or similar
legislation. The Committee on Agriculture also reserves the
right to seek appointment of an appropriate number of
conferees should it become necessary and ask that you support
such a request.
We would appreciate a response to this letter confirming
this understanding with respect to H.R. 6492 and request a
copy of our letters on this matter be published in the
Congressional Record during floor consideration.
Sincerely,
Glenn ``GT'' Thompson,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, March 27, 2024.
Hon. Glenn ``GT'' Thompson,
Chairman, Committee on Agriculture,
Washington, DC.
Dear Mr. Chairman: I write regarding H.R. 6492, the
``Expanding Public Lands Outdoor Recreation Experiences Act''
or the ``EXPLORE Act,'' which was ordered reported by the
Committee on Natural Resources on January 17, 2024.
I recognize that the bill contains provisions that fall
within the jurisdiction of the Committee on Agriculture and
appreciate your willingness to forgo any further
consideration of this bill. I acknowledge that the Committee
on Agriculture will not formally consider H.R. 6492 and agree
that the inaction of your Committee with respect to the bill
does not waive any jurisdiction over the subject matter
contained therein.
I am pleased to support your request to name members of the
Committee on Agriculture to any conference committee to
consider such provisions. I will ensure that our exchange of
letters is included in the Congressional Record during floor
consideration of the bill. I appreciate your cooperation
regarding this legislation.
Sincerely,
Bruce Westerman,
Chairman, Committee on Natural Resources.
____
House of Representatives,
Committee on Veterans' Affairs,
Washington, DC, April 3, 2024.
Hon. Bruce Westerman,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Mr. Chairman: I am writing to you concerning H.R.
6492, as amended, the ``Expanding Public Lands Outdoor
Recreation Experiences Act'' or ``EXPLORE Act.'' As you know,
there are provisions in the legislation that fall within the
jurisdiction of the Committee on Veterans' Affairs.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this legislation, I
am willing to waive this committee's consideration of the
legislation. I do so with the understanding that by waiving
consideration of the bill, the Committee on Veterans' Affairs
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
jurisdiction. I also request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
6492, as amended, and into the Congressional Record during
consideration of this legislation on the House floor.
Sincerely,
Mike Bost,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, April 3, 2024.
Hon. Mike Bost,
Chairman, Committee on Veterans' Affairs
Washington, DC.
Dear Mr. Chairman: I write regarding H.R. 6492, the
``Expanding Public Lands Outdoor Recreation Experiences Act''
or the ``EXPLORE Act,'' which was ordered reported by the
Committee on Natural Resources on January 17, 2024.
I recognize that the bill contains provisions that fall
within the jurisdiction of the Committee on Veterans' Affairs
and appreciate your willingness to forgo any further
consideration of this bill. I acknowledge that the Committee
on Veterans' Affairs will not formally consider H.R. 6492 and
agree that the inaction of your Committee with respect to the
bill does not waive any jurisdiction over the subject matter
contained therein.
I am pleased to support your request to name members of the
Committee on Veterans' Affairs to any conference committee to
consider such provisions. I will ensure that our exchange of
letters is included in the legislative report for H.R. 6492
and the Congressional Record during floor consideration of
the bill. I appreciate your cooperation regarding this
legislation.
Sincerely,
Bruce Westerman,
Chairman, Committee on Natural Resources.
Ms. LEGER FERNANDEZ. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 6492, the Expanding Public
Lands Outdoor Recreation Experiences Act, or EXPLORE Act, introduced by
the Natural Resources Committee chair, Bruce Westerman, and my esteemed
ranking member colleague, Raul Grijalva.
{time} 1630
I am thankful for the dedication of this bipartisan duo to this
legislation and the years of hard work which the chairman described in
getting us to this point--the hearings, the input, the compromises, the
openness to the ideas that were coming through this long process.
I am also very pleased to be an original cosponsor of the bill as
well.
When I thought about the EXPLORE Act, I remembered a quote from
President Jimmy Carter who noted: ``Like music and art, love of nature
is a common language that can transcend political or social
boundaries.''
Ada Limon, our 24th poet laureate just published the anthology, ``You
Are Here,'' poems which place each of us in nature. These poems will be
placed throughout our national parks. We are inspired by our parks
because as she notes in her introduction: ``Because nature is not a
place to visit. Nature is who we are.''
Nature needs our help sometimes, too, and that is where this bill
comes in.
Our national parks and public lands are treasures that belong to each
and every American. These national treasures inspire awe in those who
visit. They transform lives and perspectives, but they also are an
incredible economic engine for local economies.
New Mexico's beautiful Third District offers boundless opportunities
to explore beautiful places from skiing the powdered slopes in Taos and
Santa Fe to hiking through the otherworldly landscape of Bisti Badlands
to white water rafting down the Rio Grande.
The outdoor economy in New Mexico is expanding. Last year, the
outdoor economy saw job growth of 7 percent, employing over 28,000 New
Mexicans similar to the amazing work that we heard about in Arkansas.
In fact, the story can be repeated in almost every State where our
public lands draw so many and are such an impressive economic engine.
Nationwide, our 400 national parks reported a total of 325.5 million
recreation visits in 2023, an increase of 13 million, or 4 percent over
2022.
In addition to the continued growth in overall numbers, NPS data
shows that visitation is increasing in the more traditional off seasons
at many parks with more visits in the spring and fall than seen in
years past. Mr. Speaker, 20 parks--many of them less well known--broke
visitation records in 2023.
The EXPLORE Act will improve and modernize outdoor recreation
opportunities across our national parks and public lands, increasing
even more public access, improving agency coordination, supporting
gateway communities, and advancing equitable access to the outdoors.
This bill is a significant bipartisan effort to advance and foster
outdoor recreation activities nationwide, and I thank the majority for
their consideration and inclusion of several Democratic priorities.
Specifically, the EXPLORE Act includes versions of bills sponsored by
Representatives Barragan, Levin, Neguse, Porter, and Stansbury, to name
just a few.
Taken together, these provisions promote accessibility for disabled
communities, increase job opportunities for veterans, facilitate a
diverse range of recreation opportunities, and close the nature gap for
underserved urban communities.
Public support for public lands and access to outdoor recreation
continues to grow each year, and the EXPLORE Act will help advance the
idea that the outdoors really are for everyone.
[[Page H2186]]
Outdoor recreation is also a growing part of the national economy,
and new opportunities for access consistently support economic boosts
in gateway communities and job creation across the country.
Indeed, the next time you go to a national park, listen to the many
languages that will be spoken there because they are coming to us from
across the globe.
The EXPLORE Act will be a significant catalyst for both goals, and I
am excited to see it move forward.
However, it is vital that we ensure that outdoor recreation is safe,
reliable, and accessible for everyone and that it serves to help
preserve and protect our natural world.
It is also important to remember that public land conservation,
stewardship, and restoration are the backbone of outdoor recreation and
that recreation and land conservation go hand in hand.
We must harness the momentum of this effort to ensure durable support
for place-based conservation and sustainable funding that ensures that
Federal land management agencies are readily equipped to balance the
directives of this bill with all the other critical components of their
missions.
Thanks to the leadership of Chair Westerman and Ranking Member
Grijalva, the amended bill before us today adds some meaningful and
impactful provisions to the Senate version of this bill.
There is more work to be done, and we look forward to working with
our Senate colleagues as they process the new pieces added by the
House--the very good pieces added by the House, which we want the
Senate to adopt.
Mr. Speaker, I urge my colleagues to vote ``yes'' on the EXPLORE Act,
and I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I thank the gentlewoman from New Mexico
for her passion which is evident on this bill, and I thank the minority
for working with us to come up with a bill about something that truly
is nonpartisan--and it is our public lands and our enjoyment of the
outdoors and the wonderful opportunities that we have in this country.
As I mentioned earlier, I get to put my name on this bill as the
chairman of the committee, but this isn't all my idea. There are ideas
that came from both sides of the aisle. As was mentioned, Senators are
working on this legislation, and I do encourage them to take up our
legislation and pass it.
One of the very important provisions in the bill is the Military and
Veterans in Parks component that is in it.
I yield 3 minutes to the gentlewoman from Virginia (Mrs. Kiggans) who
authored the language in this section of the bill and is a veteran
herself.
Mrs. KIGGANS of Virginia. Mr. Speaker, I appreciate the opportunity
to speak in support of the EXPLORE Act today. It has been a privilege
to work on this legislation with the chairman as a member of the
Natural Resources Committee.
I am particularly proud that it includes my Military and Veterans in
Parks Act, nicknamed the MVP Act after the invaluable role our former
servicemembers have played in protecting our great Nation.
As a wife of a veteran, the mother of future veterans, and a former
Navy helicopter pilot myself, I have a unique understanding of the
challenges facing those who have served.
As a geriatric nurse practitioner who spent years caring for our
Greatest Generation, I have also seen the effects of all types of
injuries sustained on the battlefield, including post-traumatic stress
disorder and countless other invisible wounds.
Unfortunately, almost two-thirds of all post-9/11 veterans are
experiencing mental health issues, while 27 percent of all veterans
have a service-related disability.
We should be going above and beyond to give those heroes every
opportunity to reintegrate into civil society and lead happy and
healthy lives.
That is why it is incredibly frustrating to me that accessibility
remains a significant obstacle for disabled veterans in our national
parks and other outdoor recreation sites.
Steep trails, inaccessible facilities, and inadequate accommodations
limit the ability of veterans with disabilities to fully enjoy all of
the fantastic recreation opportunities our Federal lands have to offer.
Between the beach and the bay, southeast Virginia is home to some of
the most beautiful natural resources in the country. Residents and
visitors alike enjoy hunting, fishing, hiking, kayaking, camping, and
countless other forms of outdoor recreation often in one of our many
national wildlife refuges as well as Park Service-managed lands.
The MVP Act ensures these outdoor activities are available to all of
our veterans by directing the Forest Service, Bureau of Land
Management, and the National Park Service to each develop adaptive
trails and campgrounds in the regions they manage, as well as
accessible hunting, fishing, and kayaking opportunities.
As a primary care provider, I know the connection between outdoor
recreation and improved mental health outcomes cannot be denied.
Research consistently demonstrates that spending time in nature can
reduce stress, alleviate symptoms of anxiety and depression, and
enhance overall psychological well-being. For our veterans who suffer
from both the physical and the invisible wounds of war, these benefits
are particularly critical.
Though I have not been in Congress long, I have made it my mission
since day one to advocate for the mental health of our servicemembers
and veterans. It is a mission that guides everything I do here in
Washington.
That is why it is my great honor to be standing here today in support
of the EXPLORE Act.
I thank Chairman Westerman for his continued support for the MVP Act
and for implementing it within the EXPLORE Act. I know this legislation
will help improve the lives of our Nation's heroes.
These brave men and women have selflessly served our country,
defended our freedoms, and protected our way of life. It is our duty to
ensure that they receive the support and opportunities they deserve
even after their service has concluded.
I hope my colleagues recognize the great need for the EXPLORE Act,
and I urge them to vote ``yes.''
Ms. LEGER FERNANDEZ. Mr. Speaker, I completely agree that it is
important that those who have fought to preserve our country deserve to
have full access to our public lands.
It is not enough to say thank you for your service. We must always
turn that gratitude into concrete action, and the sections in this bill
are actually turning that gratitude into accessible trails, they are
turning that gratitude into health meadows and specifically directing
our agencies to make sure that our veterans have access to the public
lands for which they have fought for preservation.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from New Mexico (Ms. Stansbury), my ``hermana,'' ``sister,'' whose
legislation is included in the EXPLORE Act.
Ms. STANSBURY. Mr. Speaker, I start by thanking the gentlewoman from
New Mexico, my sister from the north, for yielding me the time, and say
that I rise today to both celebrate and urge passage of the EXPLORE Act
which we are here debating today on the House floor.
This bipartisan bill will not only improve access and opportunities
for recreation across our public lands and waters across New Mexico and
the United States, it will help to protect and promote opportunities
for all people to access our lands and waters.
I am especially proud that this package includes my Promoting
Accessibility on Federal Lands Act, which is a bill I was deeply proud
to have joined forces across the aisle with Representative Ciscomani
from Tucson to make the great outdoors accessible to everyone
regardless of physical limitations.
This bill directs the Secretary of the Interior and Secretary of
Agriculture through all of the parks and public lands and waters that
they manage to conduct a comprehensive assessment of accessibility
options for our trails, our campsites, and our recreational facilities
so that every single person can enjoy the great outdoors.
Almost half of New Mexico's lands are publicly managed. I ran for
Congress as a native New Mexican largely because of my passion and love
for protecting the precious lands and waters that make us who we are
and to ensure
[[Page H2187]]
that every single New Mexican has access to the great outdoors--
especially our veterans, which is part of why this bill is so
important.
In New Mexico, we have one of the largest proportions of veterans and
Active-Duty military in the United States--nearly 140,000 veterans in
New Mexico alone.
As Ms. Leger Fernandez, my sister from the north said, it is
incumbent upon us to ensure that we are maintaining access and ensuring
that all of our veterans, our elders, people living with disabilities,
and everyone in our communities can access the great outdoors. It is a
place of restorative, resilient opportunity for everyone to be whole
and to reconnect.
That is why I am proud to have had Vet Voice Foundation testify in
support of this legislation who share a strong connection with the
outdoors and believe that protecting our national public lands is not
only an opportunity for recreation but truly a patriotic duty.
Mr. Speaker, America's public lands are for everyone regardless of
culture, age, gender, or differing abilities, and this legislation will
help to address disparities in accessibility and take critical steps to
ensure that our lands and waters are accessible to everyone.
Mr. WESTERMAN. Mr. Speaker, I, again, want to show my appreciation to
the other gentlewoman from New Mexico (Ms. Stansbury) for her work on
this bill and for the great bipartisan support that we have had. I know
every speaker that comes up will talk about the beautiful recreation
opportunities in their particular area, but one thing I know is from
sea to shining sea, America has beautiful areas for outdoor recreation.
The next gentleman represents the district that includes his hometown
of Mobile and some excellent offshore fishing as well as inshore
fishing.
Mr. Speaker, I yield 2 minutes to the gentleman from Alabama (Mr.
Carl).
{time} 1645
Mr. CARL. Mr. Speaker, isn't it nice that we can come on the floor
and agree on something? It is such a pleasure. I thank the gentleman
from Arkansas (Mr. Westerman) for sponsoring this legislation, and I
appreciate working on this bill.
Today, I stand strong in support of the EXPLORE Act introduced by
Chairman Westerman, a bill that significantly improves our outdoor
recreation experiences and bolsters the $1.1 trillion outdoor
recreation economy crucial to our Nation.
This legislation is about more than just enjoyable activities like
biking, target shooting, and fishing. It is about deepening our
connection with nature, a fundamental part of what it means to be an
American.
From personal experiences, I have learned invaluable lessons during
outdoor activity, whether it is fishing in the Gulf or hunting in
Alabama in our unlimited woodlands.
I have introduced my children to the same experiences, and now those
experiences are being passed on to their children. So it is a
generational thing that we do get to pass on to our children. It is
something special.
A key highlight of this bill is it focuses on ensuring access for
everyone, including individuals with disabilities, veterans, and
children. Recreation should be open to all, regardless of background or
ability.
The EXPLORE Act emphasizes conservation efforts, ensures that our
outdoor spaces remain accessible and pristine for the future
generations. Balancing conservation with recreational opportunities is
critical to protecting our natural heritage and promoting economic
growth.
I am honored to cosponsor this legislation, and I urge my colleagues
to join me in supporting this vital initiative.
Together, we can ensure that the benefits of our public lands and
waters are enjoyed by all now and in the future.
Ms. LEGER FERNANDEZ. Mr. Speaker, indeed, it is marvelous when we
come together on these bipartisan bills. I would recognize the work of
Ranking Member Grijalva and Chairman Westerman in bringing these kind
of bipartisan bills that we have had all day long today, and the
enthusiasm for the EXPLORE Act.
I like the fact that the last speaker talked about families. I need
to tell you that when Latinos see the vision of a hiker who is on top
of the mountain, they always ask how come he is up there alone.
Where is his family? We know that Latino families love to get out in
nature and they love doing it as family.
So many of these outdoor recreation activities are often passed on
from father to daughter, from mother to son, from grandfather to
grandchildren, and grandmother to their children.
I think that is the other key thing about this, this is including
everybody, recognizing that this is, indeed, a great American tradition
to go and explore our outdoors.
Mr. Speaker, I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, a few years ago I had an opportunity to
go to northern Minnesota and actually drive a vehicle out onto a lake
and fish through a little hole on the ice when it was minus 22 degrees.
There are all kinds of unique outdoor recreation opportunities across
our country.
Mr. Speaker, I yield 2 minutes to the gentleman from Minnesota (Mr.
Stauber).
Mr. STAUBER. Mr. Speaker, I rise today in support of H.R. 6492, the
EXPLORE Act, which I am proud to cosponsor.
You know, Minnesotans are fishermen and -women. We hunt, we hike, we
snowmobile, we ski, we ATV--you name it. Simply put, Minnesotans know
how to recreate. More importantly, Minnesotans are some of the greatest
conservationists in the world.
Minnesota's Eighth Congressional District is blessed to be home to
the Chippewa in Superior National Forest, Voyageurs National Park, and
the Grand Portage National Monument.
Minnesotans not only want to enjoy these treasures themselves, but
they want their children and their children's children to enjoy
everything God has offered our great State.
Maintaining our public lands is just a part of our way of life in
northern Minnesota, and I am proud to support legislation that will
ensure our public lands remain accessible wonders for everyone,
including the rest of the world.
The EXPLORE Act will, in short, ensure all Americans can reap the
benefits of the great outdoors. It does so by requiring our Federal
land managers to ensure our vehicular use trails are properly
maintained, providing safe, quality shooting range access on our
National Forest and BLM lands, and expanding and enabling access for
our Nation's Active-Duty servicemembers, veterans, and their families.
Mr. Speaker, this is really good legislation that serves the American
people.
I thank my good friends, Chairman Westerman and Ranking Member
Grijalva, and other Members on the Committee on Natural Resources for
their work on this bill.
This is a good, bipartisan piece of legislation, and I urge all my
colleagues to join me in supporting this legislation.
Ms. LEGER FERNANDEZ. Mr. Speaker, as we continue to hear from the
different speakers about their amazing public lands, I honor our
Ranking Member Grijalva, who has done so much important work on this
bill. I honor the fact that, indeed, in his Arizona, he has under his
jurisdiction and representing and listening to the cactuses.
Ranking Member Grijalva has the Saguaro National Park, the Organ Pipe
Cactus National Monument, the Coronado National Memorial, and the
Buenos Aires National Wildlife Refuge.
Indeed, these are places we think about when we go from Minnesota,
the land of many lakes where you can fish, to the places that are the
most arid in our country. It is this diversity of public land which
makes America so beautiful and which attracts so many. Those who have
many lakes want to go see what it is like when you have the deserts and
saguaros. Those who live in the arid deserts want to go and marvel at
the lakes and go fishing in Minnesota or in Arkansas, where they have
their beautiful hot springs.
I think New Mexico is absolutely the best, but I love it when I get
to explore other public lands across our country. This act will
continue to allow Americans to do that into the future.
Mr. Speaker, I reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, when you think of the great State of
Montana, we think of Yellowstone and Glacier and all the beautiful
places
[[Page H2188]]
there. I also think of the gentleman from Montana, who was not only the
Secretary of the Interior, but also represents the great State of
Montana and knows a thing or two about outdoor recreation.
Mr. Speaker, I yield 2 minutes to the gentleman from Montana (Mr.
Zinke).
Mr. ZINKE. Mr. Speaker, I rise today in strong support of H.R. 6429,
the EXPLORE Act, for a lot of reasons.
One is that while I am from Montana, I don't have cattle or I don't
have a ranch or helicopter, but I am John Dutton with a hat.
This legislation, and I am glad to see it is bipartisan because some
things should be bipartisan in our country, and our public lands and
outdoor experience is that.
I grew up in Montana, but things have changed. When I grew up there,
there wasn't any problem with public access. There was plenty of land.
There wasn't a lot of people, and you could go where you wanted.
Today, it is a lot different. A lot of people are moving in, and we
have new strains on our legacy that we inherited.
I inherited a lot of what Teddy Roosevelt gave us, but it was a
different time. Now, there are different strains, and we have to work
to manage the next 100 years of what our experience is.
Inscribed on the Roosevelt arch which marks the entrance to
Yellowstone National Park is the phrase: ``For the Benefit and
Enjoyment of the People.'' That is the enabling act of why we have the
park system we do, for the benefit and enjoyment of the people.
I am proud to add to it the Gateway Communities and Recreation
Enhancement Act because in order to meet this goal, there are certain
provisions we need a little help with; especially in gateway
communities because the gateway communities themselves are challenged
in infrastructure and housing.
How do you attend to the millions of visitors when you are a small
town and you rise and fall in population so dramatically?
What this bill does, it makes sure that issues such as housing,
infrastructure, and park access are managed and that local communities
have a say.
Sometimes Washington forgets that there are local communities outside
the Beltway, and when you are in Montana or a long ways away from
Washington, on issues that involve the park and involve the
communities, local communities should have that say.
Mr. Speaker, I urge my all my colleagues to support this act that is
bipartisan and in the best interest of this country. This should be
unanimous or near unanimous. I might also add, this has been well-
managed by my friend from Arkansas and the gentlewoman from New Mexico.
Mr. WESTERMAN. Mr. Speaker, I have no further requests for time. I am
prepared to close, and I continue to reserve the balance of my time.
Ms. LEGER FERNANDEZ. Mr. Speaker, I have no further requests for
time, and I yield myself the balance of my time to close.
Mr. Speaker, I stand, once again, in support of this bipartisan act,
which reflects so much hard work, compromise, understanding, and
listening to the many voices who shared with us what they wanted to see
in a bill that would increase conservation, that would increase access,
and that would increase the ability of Americans to celebrate our
public lands, to celebrate America's best ideas, which are our national
parks. But also, to celebrate something like the 100-year anniversary
of the Gila Wilderness, which I will be celebrating in a few weeks in
New Mexico, where we had our first wilderness.
Indeed, even in that wilderness, we could use some help making sure
that the gateway community has access to the kinds of resources we need
to make sure that people who might not be able to clamor up to the
cliff dwellings can access and learn about those cliff dwellings.
It is this recognition of the many hardships but beautiful
opportunities that present themselves in our public lands that the
EXPLORE Act addresses.
Mr. Speaker, for all of these reasons, I stand in support of this
bipartisan legislation. I urge all of my colleagues to vote ``yes'' in
favor of this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, we talk a lot about access. There is
access for people with limited mobility. There is access for older
folks who can't get around as well. But when we think about access in
the form of public access to public lands, it is about all Americans
being able to enjoy the great lands that we have, the great ideas that
our founders had to set this land aside for the enjoyment of all
Americans.
It is not something we should just stand back and look at. We should
actually get out into our public lands and enjoy them.
I know firsthand the importance of access to our public lands and
waters, both for Americans who enjoy them and the communities that
surround them.
From camping and mountain biking to rock climbing and fishing, the
EXPLORE Act has something for everybody who enjoys outdoor activities.
The EXPLORE Act would not have been possible without the tireless work
and contributions of the many stakeholder organizations that have
advocated for comprehensive outdoor recreation policy.
Mr. Speaker, I include in the Record a letter dated April 8, 2024,
signed by more than 30 of these organizations, which states: ``This
transformative legislation is a win-win-win for businesses, our
cherished lands and waters, and Democrats and Republicans alike, all
while supporting rural economies, communities, and our American quality
of life.''
Outdoor Recreation Roundtable,
April 8, 2024.
Hon. Bruce Westerman,
Chairman, House Committee on Natural Resources, Washington,
DC.
Hon. Raul M. Grijalva,
Ranking Member, House Committee on Natural Resources,
Washington, DC.
Dear Chair Westerman and Ranking Member Grijalva:
On behalf of the Outdoor Recreation Roundtable Association
(ORR), the over 30 national outdoor recreation trade
associations, and all who benefit from time outside, we
appreciate your strong support for the recreation economy and
stand with you in urging the passage of the Expanding Public
Lands Outdoor Recreation Experiences (EXPLORE) Act. This
legislation has strong bipartisan and bicameral support and
has been endorsed by virtually every outdoor recreation
industry organization, hundreds of outdoor businesses, and
conservation groups.
The Outdoor Recreation Roundtable is the nation's leading
coalition of outdoor recreation associations representing the
more than 110,000 outdoor businesses in the recreation
economy and the full spectrum of outdoor-related activities.
The most recent data from the U.S. Department of Commerce
shows that outdoor recreation generated $1.1 trillion and 5
million American jobs in 2022, comprising 2.2% of the
nation's economy and 3.2% of all employees in the country.
The EXPLORE Act will create more access to outdoor
recreation, provide a better experience for visitors to
public lands and waters, modernize the permitting process for
guides and outfitters, create new accessible trails for
veterans and the disability community, expand the Every Kids
Outdoors Act, codify the Outdoor Recreation Legacy Program
(ORLP), identify new potential long distance bike trails,
create more health and wellness opportunities including for
mental health, and a better business environment to create
more jobs. This transformative legislation is a win-win-win
for businesses, our cherished lands and waters, and Democrats
and Republicans alike, all while supporting rural economies,
communities, and our American quality of life.
The EXPLORE Act would be the first-ever recreation package
to pass the House, and one of the most significant outdoor
recreation legislative victories we can all be proud of.
Aspects of this historic legislation have been worked on by
bipartisan congressional champions in the House and Senate
and stakeholders for more than a decade. Passage of these
critical and timely policies will provide long-term benefits
to local economies in rural and urban areas, every sector of
the broader outdoor recreation industry, and every person who
will now be able to experience more time outside.
We thank you again for your leadership and stronly
encourage your colleagues to pass this legislation today. We
look forward to working with you and your staff over the
coming weeks to ensure these bipartisan and pragmatic
policies get signed into law.
Sincerely,
Outdoor Recreation Roundtable, American Horse Council,
American Mountain Guides Association, America Outdoors,
American Sportfishing Association, Archery Trade Association,
Association of Marina Industries, Association of Outdoor
Recreation and Education, CHM Government Services, Diving
Equipment Manufacturers Association,
[[Page H2189]]
International Snowmobile Manufacturers Association,
Motorcycle Industry Council, National Forest Recreation
Association, National Marine Manufacturers Association,
National Ski Area Association, New Mexico Outdoor Recreation
Division.
Outdoor Industry Association, PeopleForBikes, Professional
TraiIBuilders Association, Rails to Trails Conservancy,
Recreational Off-Highway Vehicle Association, REI Co-op,
Rivian, RV Dealers Association, RV Industry Association,
Society of Outdoor Recreation Professionals, Specialty
Equipment Market Association, Specialty Vehicle Institute of
America, Sports & Fitness Industry Association, The Corps
Network, Trust for Public Land, VF Corporation.
Mr. WESTERMAN. Mr. Speaker, in particular, I would recognize Jess
Turner from the Outdoor Recreation Roundtable, Matt Wade from the
American Mountain Guides Association, and Aaron Bannon from America
Outdoors for their tireless efforts on this bill.
I would also recognize Senate Energy and Natural Resources Chairman
Manchin and Ranking Member Barasso, who are leading the Senate
companion legislation to the EXPLORE Act.
Mr. Speaker, I urge support for this first-of-its-kind legislation
that will unleash the full potential of the outdoor recreation economy
and encourage millions of Americans in Arkansas and across our great
country to get out and explore the unparalleled recreational
opportunities our Federal lands and waters have to offer.
Mr. Speaker, I urge adoption of the bill, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 6492, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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