[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4866-S4887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2544. Mr. MANCHIN (for himself and Mr. Barrasso) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Expanding Public Lands
Outdoor Recreation Experiences Act'' or the ``EXPLORE Act''.
SEC. 5002. DEFINITIONS.
In this division:
(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 System 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--
(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. 5111. 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. 5112. 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) provide opportunity for public comment during the
development of the inventory and assessment of recreation
resources under subparagraph (A); 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;
(B) identify, list, and map recreation resources by--
(i) type of recreation opportunity and type of natural or
artificial recreation infrastructure; and
(ii) to the extent available, the level of use of the
recreation resource as of the date of the inventory; and
(C) identify, 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 routine and deferred maintenance needs of, and
expenses necessary to administer, the recreation resource;
and
(B) the suitability for developing, expanding, or enhancing
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. 5113. 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 Federal land and water management
agency, to be appointed by the head of the respective agency.
``(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
[[Page S4867]]
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) the expenditure of funds relating to outdoor
recreation on Federal recreational lands and waters,
including funds made available under section 40804(b)(7) of
the Infrastructure Investment and Jobs Act (16 U.S.C.
6592a(b)(7));
``(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 outdoor 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;
``(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 a Federal land and
water management agency or any Federal agency described in
subsection (b)(2).''.
(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. 5114. 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. 5121. 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.
(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;
(2) coordinate with stakeholders to leverage any non-
Federal resources necessary for the stewardship, development,
or completion of trails; and
(3) partner with interested organizations to promote trails
identified in the report published under subsection (d).
(d) Report.--Not later than 2 years after the date of the
enactment of this title, the Secretaries, 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; and
(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;
(2) would not conflict with--
(A) the purposes for which any trail was or is established
under the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(B) a wilderness area established under the Wilderness Act
(16 U.S.C. 1131 et seq.); and
(3) complies with land use and management plans of the
Federal recreational lands 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,
including crushed stone or gravel;
(C) may require connections along paved or other improved
roads;
(D) does not include Federal recreational lands where
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. 5122. 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
Federal recreational lands.
(b) Applicable Law.--The guidance issued under subsection
(a) shall ensure that recreational climbing activities comply
with the laws (including regulations) applicable to the
Federal recreational lands.
(c) Wilderness Areas.--The guidance issued under subsection
(a) shall recognize that recreational climbing (including the
use, placement, and maintenance of fixed anchors, where
necessary for safety) 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
section and applicable laws (including regulations) and
agency management plans.
(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.
SEC. 5123. RANGE ACCESS.
(a) Definition of Target Shooting Range.--In this section,
the term ``target
[[Page S4868]]
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
its 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 uses, including recreational
uses and 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 Secretary
concerned to recreational shooting, in accordance with
section 4103 of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (16 U.S.C. 7913).
(d) 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;
(E) individuals or entities with authorized leases or
permits in an area under consideration for a target shooting
range; and
(F) private landowners adjacent to 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. 5124. 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. 5125. 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) Permits for filming or still photography activity.--
``(A) In general.--The Secretary may, for 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')--
``(i) except as provided in subparagraph (B), require an
authorization or permit; and
``(ii) if an authorization or permit is issued, assess a
reasonable fee, as described in subsection (b)(1).
``(B) Exceptions.--The Secretary shall not require an
authorization or a permit or assess a fee for a filming or
still photography activity that--
[[Page S4869]]
``(i) does not substantially impede or intrude on the
experience of other visitors to the applicable System unit;
``(ii) does not, except as otherwise authorized, materially
disturb or negatively impact--
``(I) a natural resource, as that term is defined in
section 300.5 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the EXPLORE Act);
``(II) a cultural resource; or
``(III) an environmental, scientific, historic, or scenic
value;
``(iii) occurs at a location in which the public is
allowed;
``(iv) does not require the exclusive use of a site or
area;
``(v) does not involve a set or staging or lighting
equipment unless the equipment is carriable by hand (such as
a tripod, monopod, or handheld lighting equipment);
``(vi) is conducted in a manner consistent with visitor use
policies, practices, and regulations applicable to the
applicable System unit;
``(vii) does not result in additional administrative costs
incurred by the Secretary for providing on-site management
and oversight to protect agency resources or minimize visitor
use conflicts;
``(viii) is conducted in a manner that is consistent with
other applicable Federal, State (as defined in section 5002
of the EXPLORE Act), and local laws (including regulations),
including laws relating to the use of unmanned aerial
equipment; and
``(ix) does not impede the management and staff operations
in the applicable System unit.
``(C) No filming or photography authorized.--The Secretary
shall not issue an authorization or permit for a filming or
still photography activity if the Secretary determines that
the filming or still photography activity--
``(i) would cause resource damage in the applicable System
unit;
``(ii) would cause an unreasonable disruption of the use
and enjoyment by the public of the applicable System unit;
``(iii) would pose a health or safety risk to the public;
or
``(iv) would cause unreasonable disruption of the use of,
operations on, or access to the applicable System unit by
Federal land management agencies, volunteers, contractors,
partners, or land use authorization holders.
``(2) Application.--
``(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 an
authorization or permit for the filming or still photography
activity, even if an authorization or permit is not required
under this section.
``(B) Filming and still photography at authorized events.--
A filming or still photography activity at an activity or
event that is authorized under a special event permit and
conducted by the permittee or a person affiliated with the
permittee, including a wedding, engagement party, family
reunion, photography-club outing, or celebration of a
graduate, shall not require a separate filming or still
photography authorization or permit under this section.
``(C) Monetary compensation.--The Secretary shall not
consider whether a person conducting a filming or still
photography activity would receive monetary compensation for
the filming or still photography activity in determining
whether the filming or still photography activity is
authorized or requires an authorization or permit under this
section.
``(D) Number of individuals.--For purposes of determining
whether a filming or still photography activity conforms with
the criteria described in subparagraph (B) or (C) of
paragraph (1), the number of individuals participating in the
activity shall not be the sole consideration of the
Secretary.
``(E) Application of other laws.--The Secretary shall
ensure that a filming or still photography activity and any
necessary authorizing or permitting for a filming or still
photography activity are carried out in a manner consistent
with the management plan of the applicable System unit and
the laws and policies applicable to the Service.
``(3) Processing of permit applications.--
``(A) In general.--The Secretary shall establish a process
to ensure that the Secretary responds in a timely manner to
an application required under paragraph (1), including a
process to respond rapidly to requests related to breaking
news events.
``(B) Coordination.--If one or more authorizations or
permits are required under this section for 2 or more Federal
agencies or Federal land management units and System units,
the Secretary and the head of any other applicable Federal
agency, as applicable, shall, to the maximum extent
practicable, coordinate authorization and permit processing
procedures, including through the use of identifying a lead
agency or lead Federal land management unit or System unit--
``(i) to review the application for the authorization or
permits;
``(ii) to issue the authorization or permits; and
``(iii) to collect any required fees and recovery costs
under subsection (b).
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in paragraphs
(1)(A) and (3)(B) of subsection (a) shall be assessed based
on--
``(A) the number of days required for the filming or still
photography activity within the System unit;
``(B) the size of the film or still photography crew
present in the System unit;
``(C) the quantity and type of film or still photography
equipment present in the System unit; and
``(D) any other factors that the Secretary determines to be
necessary to provide a fair return to the United States.
``(2) Recovery of costs.--For any authorization or permit
issued under subsection (a), and in addition to any fee
assessed in accordance with paragraph (1), the Secretary
shall collect from the applicant for the applicable
authorization or permit any costs incurred by the Secretary
for the permit, including--
``(A) the costs of the review or issuance of the
authorization or permit; and
``(B) related administrative and personnel costs.
``(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) Civil Penalty.--Not later than 2 years after the date
of enactment of the EXPLORE Act the Secretary shall issue
guidance that establishes a civil penalty for failing to
obtain an authorization or permit as required under
subsection (a)(1).''.
(2) Clerical amendment.--The table of sections for chapter
1009 of title 54, United States Code, is amended by striking
the item relating to section 100905 and inserting the
following:
``100905. Filming and still photography in System units.''.
(b) Filming on Other Federal Land.--Public Law 106-206 (16
U.S.C. 460l-6d) is amended by striking section 1 and
inserting the following:
``SECTION 1. FILMING AND STILL PHOTOGRAPHY.
``(a) Filming and Still Photography.--
``(1) Permits for filming or still photography activity.--
``(A) In general.--The Secretary concerned may, for a
filming or still photography activity or similar project in a
Federal land management unit under the jurisdiction of the
Secretary concerned (referred to in this section as a
`filming or still photography activity')--
``(i) except as provided in subparagraph (B), require an
authorization or permit; and
``(ii) if an authorization or permit is issued, assess a
reasonable fee, as described in subsection (b)(1).
``(B) Exceptions.--The Secretary concerned shall not
require an authorization or a permit or assess a fee for a
filming or still photography activity that--
``(i) does not substantially impede or intrude on the
experience of other visitors to the applicable Federal land
management unit;
``(ii) does not, except as otherwise authorized, materially
disturb or negatively impact--
``(I) a natural resource, as that term is defined in
section 300.5 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the EXPLORE Act);
``(II) a cultural resource; or
``(III) an environmental, scientific, historic, or scenic
value;
``(iii) occurs at a location in which the public is
allowed;
``(iv) does not require the exclusive use of a site or
area;
``(v) does not involve a set or staging or lighting
equipment unless the equipment is carriable by hand (such as
a tripod, monopod, or handheld lighting equipment);
``(vi) is conducted in a manner consistent with visitor use
policies, practices, and regulations applicable to the
applicable Federal land management unit;
``(vii) does not result in additional administrative costs
incurred by the Secretary concerned for providing on-site
management and oversight to protect agency resources or
minimize visitor use conflicts;
``(viii) is conducted in a manner that is consistent with
other applicable Federal, State, and local laws (including
regulations), including laws relating to the use of unmanned
aerial equipment; and
``(ix) does not impede the management and staff operations
in the applicable Federal land management unit.
``(C) No filming or photography authorized.--The Secretary
concerned shall not issue an authorization or permit for a
filming or still photography activity if the Secretary
concerned determines that the filming or still photography
activity--
``(i) would cause resource damage in the applicable Federal
land management unit;
``(ii) would cause an unreasonable disruption of the use
and enjoyment by the public of the applicable Federal land
management unit;
``(iii) would pose a health or safety risk to the public;
or
``(iv) would cause unreasonable disruption of the use of,
operations on, or access to the applicable Federal land
management unit by Federal land management agencies,
volunteers, contractors, partners, or permit holders.
``(2) Application.--
[[Page S4870]]
``(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 an
authorization or permit for the filming or still photography
activity, even if an authorization or permit is not required
under this section.
``(B) Filming and still photography at authorized events.--
A filming or still photography activity at an activity or
event that is authorized under a special event permit and
conducted by the permittee or a person affiliated with the
permittee, including a wedding, engagement party, family
reunion, photography-club outing, or celebration of a
graduate, shall not require a separate filming or still
photography authorization or permit under this section.
``(C) Monetary compensation.--The Secretary concerned shall
not consider whether a person conducting a filming or still
photography activity would receive monetary compensation for
the filming or still photography activity in determining
whether the filming or still photography activity is
authorized or requires a permit under this section.
``(D) Number of individuals.--For purposes of determining
whether a filming or still photography activity conforms with
the criteria described in subparagraph (B) or (C) of
paragraph (1), the number of individuals participating in the
activity shall not be the sole consideration of the Secretary
concerned.
``(E) Application of other laws.--The Secretary concerned
shall ensure that a filming or still photography activity and
any necessary authorizing or permitting for a filming or
still photography activity are carried out in a manner
consistent with the applicable land use plan and the laws and
policies applicable to the Federal land management agency.
``(3) Processing of permit applications.--
``(A) In general.--The Secretary concerned shall establish
a process to ensure that the Secretary concerned responds in
a timely manner to an application required under paragraph
(1), including a process to respond rapidly to requests
related to breaking news events.
``(B) Coordination.--If one or more authorizations or
permits are 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 authorization and permit processing
procedures, including through the use of identifying a lead
agency or lead Federal land management unit--
``(i) to review the application for the authorizations or
permits;
``(ii) to issue the authorizations or permits; and
``(iii) to collect any required fees and recover costs
under subsection (b).
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in paragraphs
(1)(A) and (3)(B) of subsection (a) shall be assessed based
on--
``(A) the number of days required for the filming or still
photography activity within the Federal land management unit;
``(B) the size of the film or still photography crew
present in the Federal land management unit;
``(C) the quantity and type of film or still photography
equipment present in the Federal land management unit; and
``(D) any other factors that the Secretary concerned
determines to be necessary to provide a fair return to the
United States.
``(2) Recovery of costs.--For any authorization or permit
issued under subsection (a) and in addition to any fee
assessed in accordance with paragraph (1), the Secretary
concerned shall collect from the applicant for the applicable
authorization or permit any costs incurred by the Secretary
concerned for the authorization or permit, including--
``(A) the costs of the review or issuance of the
authorization or permit; and
``(B) related administrative and personnel costs.
``(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) Civil Penalty.--Not later than 2 years after the date
of enactment of the EXPLORE Act, the Secretary concerned
shall issue guidance that establishes a civil penalty for
failing to obtain an authorization or permit as required
under subsection (a)(1).
``(d) 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) Land use plan.--The term `land use plan' means--
``(A) a land use plan prepared by the Secretary of the
Interior 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 System pursuant to section
6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604).
``(3) 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).
``(4) State.--The term `State' means each of the several
States, the District of Columbia, and each territory of the
United States.''.
SEC. 5126. 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. 5127. 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 map of ground transportation
linear features 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 Secretary of Agriculture 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 a
map described in subsection (a) or (b), the Secretary
concerned shall review and update, as necessary and with
public comment, 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
Secretary of Agriculture 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 Secretary concerned, if the Secretary concerned fails
to meet a timeline established under this section.
SEC. 5128. AQUATIC RESOURCE ACTIVITIES ASSISTANCE.
(a) Definitions.--Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702)
is amended--
(1) by redesignating paragraphs (11) through (19) as
paragraphs (12) through (20); and
(2) by inserting after paragraph (10) the following:
``(11) `non-Federal entity' means any private entity or
individual, nonprofit organization, institution, non-Federal
government agency or department, or State, or local
government (including a political subdivision, department, or
component thereof).''.
(b) Aquatic Nuisance Species Program.--Section 1202 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4722) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Inspection and decontamination.--To minimize the risk
of introduction and dispersal of aquatic nuisance species to
waters of the United States, each Federal member of the Task
Force may, as appropriate and in coordination with States and
Indian tribes--
``(A) conduct inspections and decontamination of
recreational vessels entering or leaving Federal lands and
waters under the jurisdiction of the respective member of the
Task Force;
``(B) if necessary for decontamination purposes, prevent
entry of a recreational vessel until such decontamination is
complete;
``(C) enter into a partnership with a non-Federal entity or
Indian Tribe to--
``(i) conduct inspections and decontaminations of
recreational vessels under this paragraph; or
``(ii) establish an inspection and decontamination station
for recreational vessels; and
``(D) at the sole discretion of the applicable Federal
member of the Task Force, accept inspections and
decontaminations conducted under subparagraph (C)(i) for the
purposes of allowing entry by recreational vessels to water
regulated by such member of the Task Force.
``(4) Minimizing disruption.--Each member of the Task Force
shall, in conducting inspections or decontaminations of
recreational vessels under paragraph (3), or partnering with
a non-Federal entity or Indian tribe to conduct inspections
and decontaminations under paragraph (3), minimize
[[Page S4871]]
disruption to public access for boating and recreation in
noncontaminated recreational vessels to the maximum extent
practicable.
``(5) Exceptions.--
``(A) Authorities.--Nothing in paragraph (3) shall be
construed to--
``(i) limit the authority of the Commandant of the Coast
Guard to regulate vessels provided under any other provision
of law;
``(ii) limit the authority, jurisdiction, or
responsibilities of a State to manage, control, or regulate
fish and wildlife under the laws and regulations of the
State;
``(iii) limit the authority, jurisdiction, or
responsibilities of an Indian Tribe to manage, control, or
regulate fish and wildlife under the treaties, laws, and
regulations of the Indian Tribe;
``(iv) authorize members of the Task Force to control or
regulate within a State the fishing or hunting of fish and
wildlife; or
``(v) authorize members of the Task Force to prohibit
access of recreational vessels to waters of the United States
due solely to the absence of a vessel inspection and
decontamination program or station.
``(B) Locations.--Authorities granted in paragraph (3)
shall not apply at locations where--
``(i) inspection or decontamination activities would
duplicate efforts by the Coast Guard; or
``(ii) the Coast Guard is exercising its authority to
direct vessel traffic pursuant to section 70002 or section
70021 of title 46, United States Code;
``(6) Data sharing.--Each Federal member of the Task Force
shall make available to a State any relevant data gathered
related to inspections or decontaminations carried out under
this subsection in such State, consistent with other laws and
regulations.''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in the first sentence, by inserting ``, economy,
infrastructure,'' after ``environment''; and
(ii) in the second sentence, by inserting ``(including
through the use of recreational vessel inspection and
decontamination stations)'' after ``aquatic nuisance
species''; and
(B) in paragraph (2), in the second sentence, by inserting
``infrastructure, and the'' after ``ecosystems,''.
(c) Grant Program for Recreational Vessel Inspection and
Decontamination Stations in Reclamation States.--
(1) In general.--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 prohibit
introduction and dispersal of aquatic invasive species into,
within, and out of reclamation projects, including financial
assistance to purchase, establish, operate, or maintain a
recreational vessel inspection and decontamination station
within a reclamation State.
(2) Cost share.--For any grant provided under paragraph
(1), the Federal share of the cost of purchasing,
establishing, operating, and maintaining a recreational
vessel inspection and decontamination station, including
personnel costs, shall not exceed 75 percent of the total
costs.
(3) Eligibility.--To be eligible to obtain assistance under
this subsection, an entity shall--
(A) be party to a partnership agreement under section
1202(c)(3)(C) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4722(c)(3)(C)),
as amended by this section;
(B) receive no Federal funds under such partnership
agreement; and
(C) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(4) Coordination.--In carrying out this subsection, the
Secretary shall coordinate with--
(A) reclamation States;
(B) affected Indian Tribes; and
(C) the Aquatic Nuisance Species Task Force.
(5) Definitions.--In this subsection:
(A) Reclamation project.--The term ``reclamation project''
has the meaning given the term in section 2803 of the
Reclamation Projects Authorization and Adjustment Act of 1992
(16 U.S.C. 460l-32).
(B) Reclamation state.--The term ``reclamation State'' has
the meaning given the term in section 4014 of the Water
Infrastructure Improvements for the Nation Act (43 U.S.C.
390b note).
Subtitle C--Supporting Gateway Communities and Addressing Park
Overcrowding
SEC. 5131. 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, including for employees of Federal
land management agencies;
(B) demands on and required improvement of existing
municipal infrastructure;
(C) accommodation and management of sustainable visitation;
and
(D) the improvement 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 5132(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 Assistance to Businesses.--The Secretaries,
in coordination with the heads of other applicable Federal
agencies, shall provide to outdoor recreation and supporting
businesses in gateway communities information on applicable
Federal resources and programs available to provide
financing, technical assistance, or other services to such
businesses to establish, operate, or expand infrastructure to
accommodate and manage sustainable visitation.
(c) Partnerships.--In carrying out this section, the
Secretary concerned 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. 5132. 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.
(3) Low-use recreation.--In reporting visitation under
paragraph (1), the Secretaries shall seek to model or capture
low-use and dispersed recreation activities that may not be
effectively measured by existing general and opportunistic
survey and monitoring protocols.
(4) 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.
(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 (which may
include 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) information about lesser-known recreation sites for
which data is provided under subparagraph (A)(iii), 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; and
(ii) 5 units of Federal recreational lands and waters
managed by the Secretary of Agriculture.
(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 on the expansion of
the Pilot Program to additional units managed by the
Secretaries.
(C) Feedback; support of gateway communities.--The
Secretaries shall--
[[Page S4872]]
(i) prior to selecting locations for the Pilot Program,
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 governments, including outdoor
recreation and tourism offices;
(C) Indian Tribes;
(D) trade associations;
(E) local outdoor recreation marketing organizations;
(F) recreation service providers; or
(G) 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.
Subtitle D--Broadband Connectivity on Federal Recreational Lands and
Waters
SEC. 5141. 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--
(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. 5142. 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. 5143. PUBLIC LANDS TELECOMMUNICATIONS.
(a) Report on Rental Fee Retention Authority.--Not later
than 1 year after the date of the enactment of this title,
the Secretary shall submit a comprehensive report
[[Page S4873]]
to the appropriate committees of Congress evaluating the
potential benefits of rental fee retention whereby any fee
collected for the occupancy and use of Federal recreational
lands and waters authorized by a communications use
authorization would be deposited into a special account for
each qualified Federal land management agency and used solely
for activities related to communications sites on lands and
waters managed by a Federal land management agency,
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) Definitions.--In this section:
(1) Communications site.--The term ``communications site''
means an area of Federal recreational lands and waters
designated or approved for communications use.
(2) Communications use.--The term ``communications use''--
(A) means the placement, operation, or both, of
infrastructure for wireline or wireless telecommunications,
including cable television, television, and radio
communications, regardless of whether such placement or
operation is pursuant to a license issued by the Federal
Communications Commission or on an unlicensed basis in
accordance with the regulations of the Commission; and
(B) includes ancillary activities, uses, or facilities
directly related to such placement or operation.
(3) Communications use authorization.--The term
``communications use authorization'' means a right-of-way,
permit, or lease granted, issued, or executed by a Federal
land management agency for the primary purpose of authorizing
the occupancy and use of Federal recreational lands and
waters for communications use.
(4) Rental fee.--The term ``rental fee'' means a fee
collected by a Federal land management agency for the
occupancy and use authorized by a communications use
authorization pursuant to and consistent with authorizing
law.
Subtitle E--Public-private Parks Partnerships
SEC. 5151. 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 (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.'';
(3) in subsection (g)--
(A) by striking ``to a leaseholder'' after ``payments'';
and
(B) by inserting ``or constructed'' after ``improved''; and
(4) in subsection (i), by striking ``2023'' each place it
appears and inserting ``2028''.
SEC. 5152. 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) Cooperative Management Agreements.--
``(1) In general.--The Secretary, in accordance with the
laws generally applicable to units of the National Park
System and under such terms and conditions as the Secretary
considers appropriate, may enter into a cooperative
management agreement with a State, Indian Tribe, or local
government with park land adjacent to a System unit, where
such agreement will provide for more effective and efficient
management of a System unit and the adjacent non-Federal park
area.
``(2) No transfer of administrative responsibilities.--The
Secretary may not transfer administration responsibilities
for any System unit.
``(b) Provision of Goods and Services.--
``(1) In general.--The Secretary may provide or acquire
goods and services on a reimbursable basis as part of a
cooperative management agreement under subsection (a).
``(2) Retention of funds.--The Secretary may retain and
expend any funds received under this section without further
appropriation.
``(c) Co-location.--The Secretary and a State, Indian
Tribe, or local government may co-locate in offices or
facilities owned or leased by either party as part of a
cooperative management agreement under subsection (a).
``(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 a State, Indian Tribe, or local
government, as mutually agreed upon, for work on the Federal,
State, local, or Tribal park land covered by the cooperative
management agreement.
``(2) Extension of assignment.--An assignment under
paragraph (1) may be extended if the Secretary and the State,
Indian Tribe, or local government determine it to be mutually
beneficial.
``(e) Definition.--In this section, the term `State' means
each of the several States, the District of Columbia, and
each territory of the United States.''.
SEC. 5153. 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 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
[[Page S4874]]
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. 5154. 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.
(3) Technological solutions.--The Secretaries shall
evaluate the use of and incorporate, as the Secretary
concerned determines appropriate, technologies to manage
parking availability, access, and information at units of
Federal recreational lands and waters, including--
(A) the installation and use of trailhead cameras and
monitors to determine parking availability at trailheads, the
information from which shall be made available online and, to
the extent practicable, via mobile notifications; and
(B) the use of data collection technology to estimate
visitation volumes for use in future planning for parking at
units 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. 5155. PAY-FOR-PERFORMANCE PROJECTS.
(a) Definitions.--In this section:
(1) Independent evaluator.--The term ``independent
evaluator'' means an individual or entity, including an
institution of higher education, that is selected by the pay-
for-performance beneficiary and pay-for-performance investor,
as applicable, or by the pay-for-performance project
developer, in consultation with the Secretary of Agriculture,
to make the determinations and prepare the reports required
under subsection (e).
(2) National forest system land.--The term ``National
Forest System land'' means land in the National Forest System
(as defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a))).
(3) Pay-for-performance agreement.--The term ``pay-for-
performance agreement'' means a mutual benefit agreement
(excluding a procurement contract, grant agreement, or
cooperative agreement described in chapter 63 of title 31,
United States Code) for a pay-for-performance project--
(A) with a term of--
(i) not less than 1 year; and
(ii) not more than 20 years; and
(B) that is executed, in accordance with applicable law,
by--
(i) the Secretary of Agriculture; and
(ii) a pay-for-performance beneficiary or pay-for-
performance project developer.
(4) Pay-for-performance beneficiary.--The term ``pay-for-
performance beneficiary'' means a State or local government,
an Indian Tribe, or a nonprofit or for-profit organization
that--
(A) repays capital loaned upfront by a pay-for-performance
investor, based on a project outcome specified in a pay-for-
performance agreement; or
(B) provides capital directly for costs associated with a
pay-for-performance project.
(5) Pay-for-performance investor.--The term ``pay-for-
performance investor'' means a State or local government, an
Indian Tribe, or a nonprofit or for-profit organization that
provides upfront loaned capital for a pay-for-performance
project with the expectation of a financial return dependent
on a project outcome.
(6) Pay-for-performance project.--The term ``pay-for-
performance project'' means a project that--
(A) would provide or enhance a recreational opportunity;
(B) is conducted on--
(i) National Forest System land; or
(ii) other land, if the activities would benefit National
Forest System land (including a recreational use of National
Forest System land); and
(C) would use an innovative funding or financing model that
leverages--
(i) loaned capital from a pay-for-performance investor to
cover upfront costs associated with a pay-for-performance
project, with the loaned capital repaid by a pay-for-
performance beneficiary at a rate of return dependent on a
project outcome, as measured by an independent evaluator; or
(ii) capital directly from a pay-for-performance
beneficiary to support costs associated with a pay-for-
performance project in an amount based on an anticipated
project outcome.
(7) Pay-for-performance project developer.--The term ``pay-
for-performance project developer'' means a nonprofit or for-
profit organization that serves as an intermediary to assist
in developing or implementing a pay-for-performance agreement
or a pay-for-performance project.
(8) Project outcome.--The term ``project outcome'' means a
measurable, beneficial result (whether economic,
environmental, or social) that is attributable to a pay-for-
performance project and described in a pay-for-performance
agreement.
[[Page S4875]]
(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
(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. 5156. 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) 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.
(3) Low-income community.--The term ``low-income
community'' has the same meaning given that term in section
45D(e)(1) of the Internal Revenue Code of 1986.
(4) Qualifying area.--The term ``qualifying area'' means--
[[Page S4876]]
(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 with an outdoor recreation project referenced
in subsection (b) administered by an Indian Tribe or an
Alaska Native or Native Hawaiian community or organization.
(b) Grants Authorized.--
(1) Codification of program.--
(A) In general.--There is established 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) Partial waiver.--The Secretary may waive part of the
matching requirement under subparagraph (A) if the Secretary
determines that--
(i) no reasonable means are available through which the
eligible entity can meet the matching requirement; and
(ii) the probable benefit of the project outweighs the
public interest in the full matching requirement.
(C) 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 activities and programs
provided by local governments, including cooperative
agreements with community-based 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 non-outdoor 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. 5157. 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) 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.
``(2) Secretary.--The term `Secretary' means the Secretary,
acting through the American Battlefield Protection
Program.''.
(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 ``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
[[Page S4877]]
``(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--
(1) by amending the item relating to section 308101 to read
as follows:
``308101. Definitions''; and
(2) by adding at the end the following:
``308106. Updates and improvements to Battlefield Reports''.
TITLE II--ACCESS AMERICA
SEC. 5201. 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. 5211. 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. 5212. 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 2 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. 5213. TRAIL ACCESSIBILITY PARTNERSHIPS.
The Secretary concerned may enter into partnerships,
contracts, or agreements with other Federal, State, Tribal,
local, or private entities to--
(1) measure high-priority trails as part of the assessment
required under section 5212;
(2) develop accessible trails under section 5214; 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 laws and 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.
SEC. 5214. 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 5 years after the date that
appropriations are made in advance for such purpose, the
Secretary concerned, in coordination with stakeholders
described under subsection (b)(2), shall complete each
accessible trail selected under subsection (a).
(d) Maps, Signage, and Promotional Materials.--For each
accessible trail developed under subsection (a), the
Secretary concerned shall--
[[Page S4878]]
(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, before the date of the enactment of this
title, of any trail that is part of that accessible trail; or
(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;
(2) would not conflict with the purposes for which any
trail is established under the National Trails System Act (16
U.S.C. 1241 et seq.); and
(3) complies with all applicable laws, regulations, and
land use and management plans of the Federal recreational
lands and waters on which the accessible trail is located.
(f) Reports.--Not later than 3 years after the date that
funds are made available to carry out this section, and every
3 years thereafter until each accessible trail selected under
subsection (a) is completed, the Secretary concerned, in
coordination with stakeholders and other interested
organizations, shall publish a report that lists the
accessible trails developed under this section.
SEC. 5215. 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 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, where applicable, 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), consistent with the applicable laws and land use and
management plans.
(d) Completion.--Not later than 5 years after the date that
appropriations are made in advance for such purpose, the
Secretary concerned, in coordination with stakeholders
consulted with under subsection (b)(2), shall complete each
accessible recreation opportunity selected 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, before the date of the enactment of this
title, of any Federal recreational lands and waters on which
the accessible recreation opportunity is located; or
(B) multiple-use areas; and
(2) complies with all applicable laws, regulations, and
land use and management plans.
(g) Reports.--Not later than 3 years after the date that
funds are made available to carry out this section and every
3 years until each accessible recreation opportunity selected
under subsection (a) is completed, the Secretary concerned,
in coordination with stakeholders and other interested
organizations, shall publish a report that lists the
accessible recreation opportunities developed under this
section.
SEC. 5216. 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. 5217. 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. 5221. 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 5214;
(3) the availability and location of accessible recreation
opportunities, including new accessible recreation
opportunities developed and completed under section 5215;
(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. 5222. MILITARY VETERANS OUTDOOR RECREATION LIAISONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, and subject to the availability
of appropriations made in advance for such purpose, the
Secretaries 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) improving 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, including augmenting
the delivery of services of Federal programs, to providing
veterans with greater opportunities to improve their health
and wellness through 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 other Military Veterans Outdoor
Recreation Liaisons established under this section and
veterans organizations; and
(4) promote outdoor recreation experiences for veterans on
Federal recreational lands and waters through new and
innovative approaches.
SEC. 5223. PARTNERSHIPS TO PROMOTE MILITARY AND VETERAN
RECREATION.
(a) In General.--The Secretary concerned may 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.
[[Page S4879]]
(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. 5224. 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 5113 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) provide for the implementation of recommendations to
facilitate the use of public recreation lands by veterans
developed by the Task Force on Outdoor Recreation for
Veterans under section 203 of the Veterans COMPACT Act of
2020 (Public Law 116-214);
(B) 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;
(C) be developed in coordination with appropriate veterans
organizations;
(D) emphasize increased recreation opportunities on Federal
recreational lands and waters for members of the Armed
Forces, veterans, and Gold Star Family members; and
(E) provide the anticipated costs to achieve the objectives
and meet the targets established under subparagraphs (A) and
(B); and
(2) shall not establish any preference between similar
recreation facilitated by noncommercial or commercial
entities.
(c) Update to Strategy.--Not later than 1 year after the
date of the publication of the strategy required under
subsection (a), and annually thereafter for the following 3
years, the Federal Interagency Council on Outdoor Recreation
shall update the strategy and make public the update.
SEC. 5225. 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'';
(2) in paragraph (5)(D)(i)--
(A) by striking ``Five'' and inserting ``Six''; and
(B) by inserting after subclause (V) the following:
``(VI) Veterans organizations, as such term is defined in
section 5201 of the EXPLORE Act.''; and
(3) in paragraph (8), by striking ``Eight'' and inserting
``Seven''.
SEC. 5226. CAREER AND VOLUNTEER OPPORTUNITIES FOR VETERANS.
(a) Pilot Program.--
(1) Establishment.--The Secretary, in consultation with the
Secretary of Labor, shall establish a pilot program to
proactively inform veterans of available employment 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;
(B) coordinate with the Military Veteran Outdoor Recreation
Liaisons established under section 5222 to inform veterans of
such vacant positions; and
(C) to the maximum extent practicable, provide assistance
to veterans in selecting one or more vacant positions to
apply to, for which that veteran may be best qualified.
(3) Reports.--
(A) Implementation report.--Not later than 1 year after the
date on which the pilot program under paragraph (1)
commences, the Secretary and the Secretary of Labor shall
jointly provide to the appropriate congressional committees a
report on the implementation of the pilot program.
(B) Final report.--Not later than 30 days after the date on
which the pilot program under paragraph (1) terminates under
paragraph (4), the Secretary and the Secretary of Labor 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 Secretary
of Labor determine appropriate with respect to measuring the
effectiveness of the pilot program.
(4) 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.
(b) 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.
(c) Outdoor Recreation Program Attendance.--The Secretaries
are encouraged to work with the Secretary of Defense and the
Secretary of Veterans Affairs to ensure servicemembers and
veterans have access to outdoor recreation and outdoor-
related volunteer and wellness programs as part of the basic
services provided to servicemembers and veterans.
Subtitle C--Youth Access
SEC. 5231. 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
(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. 5232. 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. 5301. 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 5311).
(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 5311).
(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. 5311. SPECIAL RECREATION PERMIT AND FEE.
(a) Definitions.--Section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) is amended to
read as follows:
``SEC. 802. DEFINITIONS.
``In this title:
``(1) Entrance fee.--The term `entrance fee' means the
recreation fee authorized to be charged to enter onto lands
managed by the National Park Service or the United States
Fish and Wildlife Service.
``(2) Expanded amenity recreation fee.--The term `expanded
amenity recreation fee' means the recreation fee authorized
by section 803(g).
``(3) Federal land management agency.--The term `Federal
land management agency' means the National Park Service, the
United States Fish and Wildlife Service, the Bureau of Land
Management, the Bureau of Reclamation, or the Forest Service.
[[Page S4880]]
``(4) Federal recreational lands and waters.--The term
`Federal recreational lands and waters' means lands or waters
managed by a Federal land management agency.
``(5) National parks and federal recreational lands pass.--
The term `National Parks and Federal Recreational Lands Pass'
means the interagency national pass authorized by section
805.
``(6) Passholder.--The term `passholder' means the person
who is issued a recreation pass.
``(7) Recreation fee.--The term `recreation fee' means an
entrance fee, standard amenity recreation fee, expanded
amenity recreation fee, or special recreation permit fee.
``(8) Recreation pass.--The term `recreation pass' means
the National Parks and Federal Recreational Lands Pass or one
of the other recreation passes available as authorized by
section 805.
``(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 (i), (ii), or (iii) of paragraph (13)(A).
``(10) Secretaries.--The term `Secretaries' means the
Secretary of the Interior and the Secretary of Agriculture
acting jointly.
``(11) Secretary.--The term `Secretary' means--
``(A) the Secretary of the Interior, with respect to a
Federal land management agency (other than the Forest
Service); and
``(B) the Secretary of Agriculture, with respect to the
Forest Service.
``(12) Special account.--The term `special account' means
the special account established in the Treasury under section
807 for a Federal land management agency.'';
``(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 that the
Secretary determines to be in one of the following
categories:
``(i) 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 5316 of the EXPLORE Act.
``(ii) For a single competitive activity or event or a
related series of competitive activities or events.
``(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; and
``(II) at the discretion of the Secretary, a recurring
organized group recreation activity or event (including an
outfitting and guiding activity or event) that--
``(aa) is a structured or scheduled event or 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.
``(iv) For a large-group activity or event that involves a
number of participants equal to or greater than a number to
be determined by the Secretary.
``(v) For a specialized recreational use not described in
clause (i), (ii), (iii), or (iv), such as--
``(I) an organizational camp;
``(II) 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; and
``(III) any other type of recreational activity or event
that requires an entry or participation fee that is not
strictly a sharing of the expenses incurred by the
participants during the activity or event.
``(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.
``(14) Special recreation permit fee.--The term `special
recreation permit fee' means the fee authorized by section
803(h)(2).
``(15) Standard amenity recreation fee.--The term `standard
amenity recreation fee' means the recreation fee authorized
by section 803(f).
``(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 (v) 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 (i) 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, and update as necessary, a predetermined fee,
described in clause (ii) of this subparagraph, for a special
recreation permit described in clause (i), (ii), or (iii) 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) if established after the date of the enactment of
the EXPLORE Act--
``(aa) be in accordance with subsection (b); and
``(bb) be comparable to an amount described in subparagraph
(D)(ii) or (E)(ii), as applicable; or
``(III) 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) or (II)
until such time as the Secretary establishes a different fee
under this paragraph.
``(C) Calculation of fees for specialized recreational uses
and large-group activities or events.--The Secretary may, at
the discretion of the Secretary, establish and charge a fee
for a special recreation permit described in clause (iv) or
(v) 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 clause (ii) or (iii) of section
802(13)(A), 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)(i), 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--
[[Page S4881]]
``(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--
``(aa) including any additional revenue received by the
recreation service provider for an add-on activity or an
optional excursion; and
``(bb) excluding 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; and
``(II) the sum of--
``(aa) 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 Federal recreational lands
and waters (including costs for travel and lodging outside
Federal recreational lands and waters); and
``(bb) 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 subparagraphs (D) and
(E), the Secretary may charge a recreation service provider a
minimum annual fee for a special recreation permit described
in clauses (i), (ii), or (iii) of section 802(13)(A).
``(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 5320 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).
``(iv) Relationship to other laws.--Nothing in this
paragraph affects the ability of the Secretary to issue
permits or collect fees under another provision of law,
including the National Forest Organizational Camp Fee
Improvement Act of 2003 (16 U.S.C. 6231 et seq.).
``(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. 5312. PERMITTING PROCESS IMPROVEMENTS.
(a) In General.--To simplify the process of the issuance
and reissuance of special recreation permits and reduce the
cost of administering special recreation permits under
section 803(h) of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6802(h)) (as amended by this title), the
Secretaries shall each--
(1) not later than 1 year after the date of enactment of
this Act--
(A) evaluate the process for issuing special recreation
permits;
(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
(C) use or incorporate existing evaluations and analyses,
as applicable, in carrying out this section; 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 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
[[Page S4882]]
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(h)) (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(h)) (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 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)(i) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by this title), the Secretary concerned may issue a
special recreation permit for an organized group recreation
activity or event for such Federal recreational lands and
waters, subject to the requirements under paragraph (3),
notwithstanding the availability or allocation of visitor-use
days to holders of a permit described in paragraph (13)(A)(i)
of section 802 of the Federal Lands Recreation Enhancement
Act (16 U.S.C. 6801) (as amended by this title).
(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, 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 paragraph (13)(A)(iii)(I) of section
802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) (as amended by this title), 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 paragraph (13)(A)(iii)(II) of section
802 of that Act (16 U.S.C. 6801) (as amended by this title),
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)(i) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by this title).
SEC. 5313. 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)(i)
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 5318(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 5317(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. 5314. PERMIT ADMINISTRATION.
(a) Permit Availability.--
(1) Notifications of permit availability.--
(A) In general.--Except as provided in subparagraph (B), in
an area of Federal recreational lands and waters in which use
by recreation service providers is allocated, if the
Secretary concerned 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--
[[Page S4883]]
(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. 5315. 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)(i)
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. 5316. 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 subsection (a) 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 subsection (a)
has completed 2 years of satisfactory operation under a
permit or permits issued by the Secretary concerned, the
Secretary concerned may provide for the conversion of a
temporary special recreation permit issued under subsection
(a) 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. 5317. 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 5316; 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.
(b) Use-of-allocation Reviews.--
(1) In general.--If the Secretary of Agriculture or the
Secretary, as applicable, allocates visitor-use days among
special recreation permits for outfitting and guiding, the
Secretary of Agriculture 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)(i)(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.
[[Page S4884]]
(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 5313(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. 5318. 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 5317(b) for a special recreation permit described in
paragraph (13)(A)(i)(I) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
this title), the Secretary concerned 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 5317, 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 5317, 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 5313(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 (ii), (iii), or (v) 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. 5319. 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 to comply with the requirements of paragraph
(1), if that permit or authorization is for--
(A) participation by an unguided member of the public in a
recreation activity in an area of Federal recreational lands
and waters in which use by the unguided public is allocated;
or
(B) low-risk activities, as determined by the Secretary
concerned, including commemorative ceremonies.
(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. 5320. 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.
(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. 5321. 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.
[[Page S4885]]
``(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. 5322. 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, where
feasible, 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).
``(3) Feasibility.--In determining feasibility of online
payment collection under paragraph (1), the Secretaries shall
consider--
``(A) the unique characteristics of the unit or area
applicable to such online payment collection;
``(B) the ability of the public to access an online payment
method, including availability of and access to broadband;
and
``(C) pursuant to the requirements of section 804, public
concerns regarding the feasibility of using an online payment
method to collect fees at such unit or area.''.
SEC. 5323. 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 United States 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 5314(a), 5315, 5319(a), 5319(b), and 5319(c) of
this subtitle shall also apply to commercial use
authorizations under that subchapter.
Subtitle B--Making Recreation a Priority
SEC. 5331. 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.
(c) 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.
(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.
[[Page S4886]]
(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).
SEC. 5332. INFORMING THE PUBLIC OF ACCESS CLOSURES.
(a) In General.--The Secretaries shall, to the extent
practicable and in a timely fashion, alert the public to any
closures or disruption to the public campsites, trails,
roads, and other public areas and access points under the
jurisdiction of the applicable Secretary.
(b) Online Alert.--An alert under subsection (a) shall be
posted online on a public website of the appropriate land
unit in a manner that--
(1) ensures that the public can easily find the alert in
searching for the applicable campsite, trail, road, or other
access point; and
(2) consolidates all alerts under subsection (a).
Subtitle C--Maintenance of Public Land
SEC. 5341. 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. 5342. 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. 5351. 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.--The Secretary
concerned may provide financial or technical assistance to a
Governor, Indian Tribe, or county carrying out authorized
recreation services.
(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 under this
section on Federal land shall not be delegated to a Governor,
Indian Tribe, or county.
(5) Termination.--The authority provided under this section
terminates effective September 30, 2031.
SEC. 5352. 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
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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. 5353. 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. 5354. 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. 5355. SAVINGS PROVISION.
No additional Federal funds are authorized to carry out the
requirements of this division and the activities authorized
by this division are subject to the availability of
appropriations made in advance for such purposes.
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