[Congressional Record (Bound Edition), Volume 162 (2016), Part 10]
[House]
[Pages 13565-13568]
[From the U.S. Government Publishing Office, www.gpo.gov]




             NATIONAL FOREST SYSTEM TRAILS STEWARDSHIP ACT

  Mr. ROUZER. Mr. Speaker, I move to suspend the rules and pass bill 
(H.R. 845) to direct the Secretary of Agriculture to publish in the 
Federal Register a strategy to significantly increase the role of 
volunteers and partners in National Forest System trail maintenance, 
and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 845

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Forest System Trails Stewardship Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. National forest system trails volunteer and partnership 
              strategy.
Sec. 5. Priority trail maintenance program.
Sec. 6. Cooperative agreements.
Sec. 7. Stewardship credits for outfitters and guides.

     SEC. 2. FINDINGS.

       Congress finds as follows:
       (1) The National Forest System features a world-class trail 
     system with over 157,000 miles of trails that provide world-
     class opportunities for hiking, horseback riding, hunting, 
     mountain bicycling, motorized vehicles, and other outdoor 
     activities.
       (2) According to the Government Accountability Office, the 
     Forest Service is only able to maintain about one-quarter of 
     National Forest System trails to the agency standard, and the 
     agency faces a trail maintenance

[[Page 13566]]

     backlog of $314,000,000, and an additional backlog of 
     $210,000,000 in annual maintenance, capital improvements, and 
     operations.
       (3) The lack of maintenance on National Forest System 
     trails threatens access to public lands, and may cause 
     increased environmental damage, threaten public safety, and 
     increase future maintenance costs.
       (4) Federal budget limitations require solutions to 
     National Forest System trail maintenance issues that make 
     more efficient use of existing resources.
       (5) Volunteers, partners, and outfitters and guides play an 
     important role in maintaining National Forest System trails, 
     and a comprehensive strategy is needed to ensure that 
     volunteers and partners are used as effectively as possible.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrative unit.--The term ``Administrative Unit'' 
     means a national forest or national grassland.
       (2) Outfitter or guide.--The term ``outfitter or guide'' 
     means an individual, organization, or business who provides 
     outfitting or guiding services, as defined in section 251.51 
     of title 36, Code of Federal Regulations.
       (3) Partner.--The term ``partner'' means a non-Federal 
     entity that engages in a partnership.
       (4) Partnership.--The term ``partnership'' means 
     arrangements between the Department of Agriculture or the 
     Forest Service and a non-Federal entity that are voluntary, 
     mutually beneficial, and entered into for the purpose of 
     mutually agreed upon objectives.
       (5) Priority area.--The term ``priority area'' means a 
     well-defined region on National Forest System land selected 
     by the Secretary under section 5(a).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (7) Strategy.--The term ``strategy'' means the National 
     Forest System Trails Volunteer and Partnership Strategy 
     authorized by section 4(a).
       (8) Trail maintenance.--The term ``trail maintenance'' 
     means any activity to maintain the usability and 
     sustainability of trails within the National Forest System, 
     including--
       (A) ensuring trails are passable by the users for which 
     they are managed;
       (B) preventing environmental damage resulting from trail 
     deterioration;
       (C) protecting public safety; and
       (D) averting future deferred maintenance costs.
       (9) Volunteer.--The term ``volunteer'' means an individual 
     whose services are accepted by the Secretary without 
     compensation under the Volunteers in the National Forests Act 
     of 1972 (16 U.S.C. 558a et seq.).

     SEC. 4. NATIONAL FOREST SYSTEM TRAILS VOLUNTEER AND 
                   PARTNERSHIP STRATEGY.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary shall publish in the 
     Federal Register a strategy to significantly increase the 
     role of volunteers and partners in trail maintenance.
       (b) Required Elements.--The strategy required by subsection 
     (a) shall--
       (1) augment and support the capabilities of Federal 
     employees to carry out or contribute to trail maintenance;
       (2) provide meaningful opportunities for volunteers and 
     partners to carry out trail maintenance in each region of the 
     Forest Service;
       (3) address the barriers to increased volunteerism and 
     partnerships in trail maintenance identified by volunteers, 
     partners, and others;
       (4) prioritize increased volunteerism and partnerships in 
     trail maintenance in those regions with the most severe trail 
     maintenance needs, and where trail maintenance backlogs are 
     jeopardizing access to National Forest lands; and
       (5) aim to increase trail maintenance by volunteers and 
     partners by 100 percent by the date that is 5 years after the 
     date of the enactment of this Act.
       (c) Additional Requirement.--As a component of the 
     strategy, the Secretary shall study opportunities to improve 
     trail maintenance by addressing opportunities to use fire 
     crews in trail maintenance activities in a manner that does 
     not jeopardize firefighting capabilities, public safety, or 
     resource protection. Upon a determination that trail 
     maintenance would be advanced by use of fire crews in trail 
     maintenance, the Secretary shall incorporate these proposals 
     into the strategy, subject to such terms and conditions as 
     the Secretary determines to be necessary.
       (d) Volunteer Liability.--
       (1) In general.--Section 3 of the Volunteers in the 
     National Forests Act of 1972 (16 U.S.C. 558c) is amended by 
     adding at the end the following new subsection:
       ``(e) For the purposes of subsections (b), (c), and (d), 
     the term `volunteer' includes a person providing volunteer 
     services to the Secretary who--
       ``(1) is recruited, trained, and supported by a cooperator 
     under a mutual benefit agreement with the Secretary; and
       ``(2) performs such volunteer services under the 
     supervision of the cooperator as directed by the Secretary in 
     the mutual benefit agreement, including direction that 
     specifies--
       ``(A) the volunteer services to be performed by the 
     volunteers and the supervision to be provided by the 
     cooperator;
       ``(B) the applicable project safety standards and protocols 
     to be adhered to by the volunteers and enforced by the 
     cooperator; and
       ``(C) the on-site visits to be made by the Secretary, when 
     feasible, to verify that volunteers are performing the 
     volunteer services and the cooperator is providing the 
     supervision agreed upon.''.
       (2) Additional requirement.--Not later than 2 years after 
     the date of the enactment of this Act, the Secretary shall 
     adopt regulations implementing this section. These 
     regulations shall ensure that the financial risk from claims 
     or liability associated with volunteers undertaking trail 
     maintenance is shared by all administrative units.
       (e) Consultation.--The Secretary shall develop the strategy 
     in consultation with volunteer and partner trail maintenance 
     organizations, a broad array of outdoor recreation 
     stakeholders, and other relevant stakeholders.
       (f) Volunteer and Partnership Coordination.--The Secretary 
     shall require each administrative unit to develop a volunteer 
     and partner coordination implementation plan for the strategy 
     which clearly defines roles and responsibilities for the 
     administrative unit and district staff, and includes 
     strategies to ensure sufficient coordination, assistance, and 
     support for volunteers and partners to improve trail 
     maintenance.
       (g) Report.--
       (1) Contents.--The Secretary shall prepare a report on--
       (A) the effectiveness of the strategy in addressing the 
     trail maintenance backlog;
       (B) the increase in volunteerism and partnership efforts on 
     trail maintenance as a result of the strategy;
       (C) the miles of National Forest System trails maintained 
     by volunteers and partners, and the approximate value of the 
     volunteer and partnership efforts;
       (D) the status of the stewardship credits for outfitters 
     and guides pilot program described in section 7 that includes 
     the number of participating sites, total amount of the 
     credits offered, estimated value of trail maintenance 
     performed, and suggestions for revising the program; and
       (E) recommendations for further increasing volunteerism and 
     partnerships in trail maintenance.
       (2) Submission.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit the report 
     required by paragraph (1) to--
       (A) the Committee on Agriculture, Nutrition, and Forestry 
     and the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Agriculture and the Committee on 
     Natural Resources of the House of Representatives.

     SEC. 5. PRIORITY TRAIL MAINTENANCE PROGRAM.

       (a) Selection.--In accordance with subsections (b) and (c), 
     not later than 6 months after the date of the enactment of 
     this Act, the Secretary of Agriculture shall select no fewer 
     than 9 and no more than 15 priority areas for increased trail 
     maintenance accomplishments.
       (b) Criteria.--Priority areas shall include a well-defined 
     region on National Forest System land where the lack of trail 
     maintenance has--
       (1) reduced access to public land;
       (2) led to an increase, or risk of increase, in harm to 
     natural resources;
       (3) jeopardized public safety;
       (4) resulted in trails being impassible by the intended 
     managed users; or
       (5) increased future deferred trail maintenance costs.
       (c) Requirements.--In selecting priority areas, the 
     Secretary shall--
       (1) consider any public input on priority areas received 
     within 3 months of the date of enactment of this Act;
       (2) consider the range of trail users (including motorized 
     and non-motorized trail users); and
       (3) include at least one priority area in each region of 
     the United States Forest Service.
       (d) Increased Trail Maintenance.--
       (1) In general.--Within 6 months of the selection of 
     priority areas under subsection (a), and in accordance with 
     paragraph (2), the Secretary shall develop an approach to 
     substantially increase trail maintenance accomplishments 
     within each priority area.
       (2) Contents.--In developing the approach under paragraph 
     (1), the Secretary shall--
       (A) consider any public input on trail maintenance 
     priorities and needs within any priority area;
       (B) consider the costs and benefits of increased trail 
     maintenance within each priority area; and
       (C) incorporate partners and volunteers in the trail 
     maintenance.
       (3) Required trail maintenance.--Utilizing the approach 
     developed under paragraph (1), the Secretary shall 
     substantially increase trail maintenance within each priority 
     area.

[[Page 13567]]

       (e) Coordination.--The regional volunteer and partnership 
     coordinators may be responsible for assisting partner 
     organizations in developing and implementing volunteer and 
     partnership projects to increase trail maintenance within 
     priority areas.
       (f) Revision.--The Secretary shall periodically review the 
     priority areas to determine whether revisions are necessary 
     and may revise the priority areas, including the selection of 
     new priority areas or removal of existing priority areas, at 
     his sole discretion.

     SEC. 6. COOPERATIVE AGREEMENTS.

       (a) In General.--The Secretary may enter into a cooperative 
     agreement with any State, tribal, local governmental, and 
     private entity to carry out this Act.
       (b) Contents.--Cooperative agreements authorized under this 
     section may--
       (1) improve trail maintenance in a priority area;
       (2) implement the strategy; or
       (3) advance trail maintenance in a manner deemed 
     appropriate by the Secretary.

     SEC. 7. STEWARDSHIP CREDITS FOR OUTFITTERS AND GUIDES.

       (a) Pilot Program.--Within 1 year after the date of 
     enactment of this Act, in accordance with this section, the 
     Secretary shall establish a pilot program on not less than 20 
     administrative units to offset all or part of the land use 
     fee for an outfitting and guiding permit by the cost of the 
     work performed by the permit holder to construct, improve, or 
     maintain National Forest System trails, trailheads, or 
     developed sites that support public use under terms 
     established by the Secretary.
       (b) Additional Requirements.--In establishing the pilot 
     program authorized by subsection (a), the Secretary shall--
       (1) select administrative units where the pilot program 
     will improve trail maintenance; and
       (2) establish appropriate terms and conditions, including 
     meeting National Quality Standards for Trails and the Trail 
     Management Objectives identified for the trail.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Rouzer) and the gentleman from Minnesota (Mr. 
Peterson) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina.


                             General Leave

  Mr. ROUZER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. ROUZER. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 845, the National Forest System Trails 
Stewardship Act.
  In 2013, the Government Accountability Office released a report that 
recognized the importance of volunteers for trail maintenance and 
recommended taking steps to improve management of volunteers. The 
Forest Service is facing a whopping $500 million backlog in trail 
maintenance costs--$500 million.
  H.R. 845 would require the Forest Service to produce a national 
strategy to maximum use of volunteers and partners for trail 
maintenance. Using eager volunteers across the Nation in the 
remediation of our deteriorating national Forest Service trails is a 
cost-effective solution. More than 50 diverse recreation and 
conservation groups requested Congress act to enable volunteers to do 
more, from the Wilderness Society to the American Motorcyclist 
Association.
  I would like to thank my colleague, Representative Lummis, for 
sponsoring this bill, and my fellow committee members, Mr. Walz, Mr. 
Peterson, Mr. Thompson, and Ms. Michelle Lujan Grisham, for their 
support of H.R. 845.
  I ask my colleagues to join me in supporting this bipartisan 
legislation so we can utilize on-the-ground volunteer efforts to 
improve Forest Service trails and decrease the costly trail maintenance 
backlog. Refocusing on volunteers and partners to help the Forest 
Service is a commonsense way of making progress on the backlog and 
opening up these trails to public access.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                               Committee on Natural Resources,

                               Washington, DC, September 14, 2016.
     Hon. K. Michael Conaway,
     Chairman, Committee on Agriculture,
     Washington, DC.
       Dear Mr. Chairman: I write concerning H.R. 845, National 
     Forest System Trails Stewardship Act, which was recently 
     ordered to be reported by the Committee on Agriculture. As 
     you are aware, the bill also was referred to the Committee on 
     Natural Resources, as the bill contains provisions within the 
     Rule X jurisdiction of the Natural Resources Committee.
       In the interest of permitting you to proceed expeditiously 
     to floor consideration of this very important bill, this 
     Committee agrees to discharge from further consideration of 
     H.R. 845. I do so with the understanding that the Natural 
     Resources Committee does not waive any future jurisdictional 
     claim over the subject matter contained in the bill which 
     fall within its Rule X jurisdiction. I also request that you 
     urge the Speaker to name members of the Natural Resources 
     Committee to any conference committee to consider such 
     provisions.
       Please place this letter into the committee report on H.R. 
     845 and into the Congressional Record during consideration of 
     the measure on the House floor. Thank you for the cooperative 
     spirit in which you and your staff have worked regarding this 
     matter and others between our respective committees, and 
     congratulations on this significant achievement.
           Sincerely,
                                                       Rob Bishop,
     Chairman.
                                  ____

                                         House of Representatives,


                                     Committee on Agriculture,

                               Washington, DC, September 13, 2016.
     Hon. Rob Bishop,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Mr. Chairman: I appreciate your support in bringing 
     H.R. 845, National Forest System Trails Stewardship Act, 
     before the House of Representatives, and accordingly, 
     understand that the Committee on Natural Resources will 
     forego action on the bill.
       The Committee on Agriculture concurs in the mutual 
     understanding that by foregoing consideration of the bill at 
     this time, the Committee on Natural Resources does not waive 
     any jurisdiction over the subject matter contained in this 
     bill or similar legislation in the future. In addition, 
     should a conference on this bill be necessary, I would 
     support your request to have the Committee on Natural 
     Resources represented on the conference committee.
       I will insert copies of this exchange in the Congressional 
     Record during Floor consideration. I appreciate your 
     cooperation regarding this legislation and look forward to 
     continuing to work the Committee on Natural Resources as this 
     bill moves through the legislative process.
           Sincerely,
                                               K. Michael Conaway,
                                                         Chairman.

  Mr. PETERSON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 845, the National Forest System Trails Stewardship 
Act, is a bipartisan bill introduced by Representative Walz, a member 
of the Agriculture Committee, and Representative Lummis, a former 
member of the Agriculture Committee.
  A 2013 GAO Trails Maintenance Report found that the Forest Service 
has a backlog of more than $314 million in trail maintenance, which 
would be addressed by this legislation.
  The bill requires that the Forest Service develop a national strategy 
to double the amount of maintenance work done by volunteers in the next 
5 years, ensuring our constituents can continue to use and enjoy these 
public spaces.
  The Agriculture Committee approved H.R. 845 by voice vote, and the 
bill is supported by a wide range of government, recreation, 
agriculture, conservation, sportsmen, and equestrian organizations.
  Mr. Speaker, I urge my colleagues to support the bill.
  I reserve the balance of my time.
  Mr. ROUZER. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from Wyoming (Mrs. Lummis).
  Mrs. LUMMIS. Mr. Speaker, I thank the gentleman from North Carolina 
(Mr. Rouzer). I also want to thank my former committee chairman on the 
House Agriculture Committee, now the ranking member, Mr. Peterson, for 
his support of this bill, as well as Chairman Conaway of the House 
Agriculture Committee.
  Mr. Speaker, in the national forests, especially in areas where there 
have been bark beetle damage, the trees are

[[Page 13568]]

starting to fall across the trails. I have talked to outfitters who are 
taking pack trips into the national forests. They are only in there for 
2 or 3 days, and when they try to get out they have to chop their way 
out because so many trees have fallen across the trails, even while 
they are in the forest. So this maintenance backlog is getting bigger.
  Mr. Speaker, it makes such sense, practically speaking, when we have 
a huge budget deficit, to maximize the use of volunteers in the 
national forests to help maintain these trails. Now, they will be able 
to avail themselves of workers comp, and that is part of the reason 
that it has taken this bill such a long time to get to the floor. But 
it came out of the Agriculture Committee unanimously. It is one of the 
most bipartisan bills in this entire Congress. It has 86 cosponsors in 
the House and 23 in the Senate.
  I want to thank my colleague, the gentleman from Minnesota (Mr. 
Walz), who is a cosponsor of this bill, for his work. I am hoping he 
will tell the tale that he encountered this summer when he was hiking 
in the West. More than 50 diverse recreation conservation groups wanted 
a way to increase volunteer efforts in our national forests, including 
the National Association of Counties.
  Mr. Speaker, there are a couple of additional provisions I want to 
highlight in this bill. It directs a study be done on utilizing fire 
crews for maintenance work during off seasons for wildfire, which is a 
great way for them to maximize, and for us to maximize, their skills in 
the forests. And it also requires the Secretary of Agriculture to 
identify 9 to 15 priority areas throughout the country to incorporate 
volunteers and to increase trail maintenance.
  This bill has broad support. It will produce opportunities for young 
people to volunteer in our forests. It will allow outfitters and guides 
to offset some of their permit fees through work on trail maintenance 
performed by the permit holders to construct, improve, or maintain 
National Forest System trails, trailheads, or developed sites under 
supervision of our National Park Service.
  This is kind of a motherhood and apple pie bill, Mr. Speaker, and it 
has been my pleasure to work with Mr. Walz and the other proponents of 
this bill to bring it to the floor this afternoon.

                              {time}  1445

  Mr. PETERSON. Mr. Speaker, I yield 2 minutes to the gentleman from 
Minnesota (Mr. Walz), a cosponsor of the bill.
  Mr. WALZ. I thank the gentleman.
  I echo the statements made by the gentlewoman from Wyoming.
  First of all, the passion and the work that she and her staff have 
put into this is thanked by many millions of Americans who use these 
trails. The gentlewoman has chosen to make this her last session of 
Congress; so I would like to go on record and say that the people of 
the great State of Wyoming have been well served by the gentlewoman's 
passionate, ethical leadership and by her willingness to put the 
Nation's business first and get things done. I thank the gentlewoman.
  Mr. Speaker, this is a commonsense bill. The Nation's outdoor 
industry is a $645-billion-a-year industry which hires 6.1 million 
Americans. The great blessings that we have in this Nation of the most 
beautiful outdoor areas in the world are a legacy that we want to pass 
on.
  One of the issues is accessing those areas. Trail maintenance is 
absolutely critical. Listen to the groups of people who are behind 
this. These are pretty impressive and diverse groups of cosponsors, 
just to name a few: the National Association of Counties, the 
Wilderness Society, the Western Governors' Association, the Back 
Country Horsemen of America, Trout Unlimited, the American Motorcyclist 
Association, the National Wildlife Federation, and it goes on and on 
and on. The gentlewoman was referencing something that happened. This 
is a real-world fix to a real-world problem without its costing 
taxpayers money.
  I had the opportunity this summer to be out at Glacier National Park 
with my family and to be up on Going-to-the-Sun Road at Logan Pass and, 
I think, hiking one of the most beautiful stretches on the planet--the 
Highline Trail. We were out about 16 miles; it was midday; and I had my 
children, my nephew, and my brother-in-law. We were all there and were 
enjoying this when we saw two Park Service folks, two young men, over 
there, working really hard. They had packhorses to pack their stuff in, 
and they were shoring up a trail from the glaciers that was there. I 
just walked over to them, and they had no idea there were hikers on the 
trail.
  I said: I want to thank you both for the work you are doing.
  They said: If you really want to thank us, have your Congressman call 
and support Mrs. Lummis' bill on trail maintenance.
  I could not have been more shocked to expect that there, but they 
understood the importance of it. They understood that they need the 
help and that the volunteers are there under the guidance and the 
expertise of the Forest Service. When we cut through some of the red 
tape, we get people who care about the trails out there, and we fix the 
problem.
  I thank the gentlewoman and encourage the bill's support.
  Mr. ROUZER. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from Wyoming (Mrs. Lummis).
  Mrs. LUMMIS. I thank Mr. Rouzer for allowing me to do something I 
should have done, but Mr. Walz did it for me. That is to thank my 
staff, especially Jimmy Ward, for all of his hard work on this bill. He 
made sure that we continued to be moving this bill forward in his 
helping us to identify cosponsors and working with the scoring process, 
which is what brings us here today; so I want to say a particular thank 
you to my staff.
  Mr. PETERSON. Mr. Speaker, I yield back the balance of my time.
  Mr. ROUZER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Rouzer) that the House suspend the 
rules and pass the bill, H.R. 845, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________