[House Report 117-637]
[From the U.S. Government Publishing Office]
117th Congress } { Rept. 117-637
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
SIMPLIFYING OUTDOOR ACCESS FOR RECREATION ACT
_______
December 14, 2022.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3670]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3670) to improve access for outdoor recreation
through the use of special recreation permits on Federal
recreational lands and waters, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Simplifying Outdoor
Access for Recreation Act'' or the ``SOAR Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--MODERNIZING RECREATION PERMITTING
Sec. 101. Definitions.
Sec. 102. Special recreation permit and fee.
Sec. 103. Permitting process improvements.
Sec. 104. Permit flexibility.
Sec. 105. Permit administration.
Sec. 106. Permits for multijurisdictional trips.
Sec. 107. Forest Service permit use reviews.
Sec. 108. Liability.
Sec. 109. Cost recovery reform.
Sec. 110. Extension of special recreation permits.
Sec. 111. Availability of Federal and State recreation passes.
Sec. 112. Online purchases of America the Beautiful--The National Parks
and Federal Recreational Lands Pass.
Sec. 113. Savings provision.
TITLE II--MAKING RECREATION A PRIORITY
Sec. 201. Extension of seasonal recreation opportunities.
Sec. 202. Recreation performance metrics.
TITLE III--MAINTENANCE OF PUBLIC LAND
Sec. 301. Private-sector volunteer enhancement program.
Sec. 302. Enhancing outdoor recreation through public lands service
organizations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land management agency.--The term ``Federal land
management agency'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801).
(2) Federal recreational lands and waters.--The term
``Federal recreational lands and waters'' has the meaning given
the term in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801).
(3) Secretaries.--Except as otherwise provided in this Act,
the term ``Secretaries'' means--
(A) the Secretary of the Interior; and
(B) the Secretary of Agriculture.
TITLE I--MODERNIZING RECREATION PERMITTING
SEC. 101. DEFINITIONS.
In this title:
(1) Associated agency.--The term ``associated agency'' means
the Federal land management agency, other than the lead agency,
that manages a Federal land unit that is the subject of a
single joint special recreation permit under section 106.
(2) Lead agency.--With respect to a single joint special
recreation permit application submitted under section 106(a),
the term ``lead agency'' means the Federal land management
agency designated to administer the single joint special
recreation permit under section 106(a)(2).
(3) Long-term special recreation permit.--The term ``long-
term special recreation permit'' means--
(A) for a Federal land unit managed by the Forest
Service, a priority use permit; and
(B) for a Federal land unit managed by the Bureau of
Land Management, a multiyear special recreation permit.
(4) Multijurisdictional trip.--The term ``multijurisdictional
trip'' means a trip that--
(A) uses 2 or more Federal land units; and
(B) is under the jurisdiction of 2 or more Federal
land management agencies.
(5) Federal land unit.--The term ``Federal land unit''
means--
(A) a unit of the National Forest System;
(B) a unit of the National Park System;
(C) a unit of the National Wildlife Refuge System;
(D) a district of the Bureau of Land Management; and
(E) a project of the Bureau of Reclamation.
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to a
Federal land unit described in paragraph (5)(A); and
(B) the Secretary of the Interior, with respect to a
Federal land unit described in subparagraph (B), (C),
(D), or (E) of paragraph (5).
(7) 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).
SEC. 102. SPECIAL RECREATION PERMIT AND FEE.
(a) Definitions.--Section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) is amended--
(1) in paragraph (1), by striking ``section 3(f)'' and
inserting ``section 803(f)'';
(2) in paragraph (2), by striking ``section 3(g)'' and
inserting ``section 803(g)'';
(3) in paragraph (6), by striking ``section 5'' and inserting
``section 805'';
(4) in paragraph (9), by striking ``section 5'' and inserting
``section 805'';
(5) in paragraph (12), by striking ``section 7'' and
inserting ``section 807'';
(6) in paragraph (13), by striking ``section 3(h)'' and
inserting ``section 803(h)'';
(7) by redesignating paragraphs (1), (3), (4), (5), (6), (7),
(8), (9), (10), (11), and (13) as paragraphs (15), (1), (3),
(4), (5), (6), (7), (8), (11), (10), and (14), respectively,
and moving the paragraphs so as to appear in numerical order;
(8) by inserting after paragraph (8) (as so redesignated) the
following:
``(9) Recreation service provider.--The term `recreation
service provider' means an individual or entity that--
``(A) provides outfitting, guiding, or other
recreation services; or
``(B) conducts recreational or competitive events,
including incidental sales.''; and
(9) by inserting after paragraph (12) the following:
``(13) Special recreation permit.--The term `special
recreation permit' means a permit issued by a Federal Land
Management Agency for specialized individual or group uses of
Federal recreational lands and waters, including--
``(A) for outfitting, guiding, or other recreation
services;
``(B) for recreation or competitive events, which may
include incidental sales;
``(C) for the use of--
``(i) a special area; or
``(ii) an area in which use is allocated;
``(D) for motorized recreational vehicle use in
compliance with an applicable travel management plan or
other regulation; and
``(E) for a group activity or event.''.
(b) Special Recreation Permit and Fee.--Section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended--
(1) in subsection (b)(5), by striking ``section 4(d)'' and
inserting ``section 804(d)''; and
(2) by striking subsection (h) and inserting the following:
``(h) Special Recreation Permit and Fee.--
``(1) Special recreation permit.--The Secretary may issue a
special recreation permit for specialized individual or group
uses of Federal recreational lands and waters as defined in
section 802(13) of this Act (16 U.S.C. 6801).
``(2) Special recreation permit fee.--
``(A) In general.--The Secretary may charge a special
recreation permit fee in connection with the issuance
of a special recreation permit under paragraph (1).
``(B) Fees for certain lands.--
``(i) In general.--Subject to clauses (ii)
and (iii), a special recreation permit fee
under subparagraph (A) for use of Federal
recreational lands and waters managed by the
Forest Service, the Bureau of Land Management,
the Bureau of Reclamation, or the United States
Fish and Wildlife Service shall not exceed the
difference between--
``(I) the sum of--
``(aa) 3 percent of the
annual gross revenue of the
recreation service provider for
all activities authorized by
the special recreation permit;
and
``(bb) any applicable revenue
addition; and
``(II) any applicable revenue
exclusion.
``(ii) Exclusion of certain revenues and
payments.--In calculating the amount of a fee
for a special recreation permit under clause
(i), the Secretary concerned shall exclude--
``(I) revenue from goods, services,
souvenirs, merchandise, gear, food, and
activities provided or sold by a
special recreation permit holder in a
location other than the Federal
recreational lands and waters covered
by the permit, including transportation
costs, lodging, and any other service
before or after a trip; and
``(II) revenue from any recreational
services provided by a special
recreation permit holder for activities
on Federal recreational lands and
waters for which a separate permit is
issued.
``(iii) Alternative per-person fee.--
``(I) In general.--For Federal
recreational lands and waters managed
by the Forest Service, the Bureau of
Land Management, the Bureau of
Reclamation, or the United States Fish
and Wildlife Service, the Secretary may
charge a per-person fee in connection
with the issuance of a special
recreation permit under paragraph (1).
``(II) Amount of fee.--The total
amount charged by the Secretary in
connection with the issuance of a
special recreation permit under
paragraph (1) using a per-person fee
under subclause (I) shall not exceed
the amount the Secretary may charge for
a special recreation permit fee under
subparagraph (A) and clauses (i) and
(ii).
``(iv) Effect.--Nothing in this subparagraph
affects any fee for a commercial use
authorization for use of Federal recreational
lands and waters managed by the National Park
Service.
``(C) Disclosure of fees.--A special recreation
permit holder may inform customers of any fee charged
by the Secretary under this section.
``(3) Reports.--
``(A) In general.--The Secretary shall make available
to holders of special recreation permits under
paragraph (1) and the public an annual report
describing the use of fees collected by the Secretary
under paragraph (2).
``(B) Requirements.--The report under subparagraph
(A) shall include a description of how the fees are
used in each Federal land unit (as defined in section 2
of the SOAR Act) administered by the Secretary,
including an identification of the amounts used for
specific activities within the Federal land unit.''.
(c) Use of Special Recreation Permit Revenue.--Section 808 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended--
(1) in subsection (a)(3)(F), by striking ``section 6(a)'' and
inserting ``section 806(a)'';
(2) in subsection (d), by striking ``section 5'' each place
it appears and inserting ``section 805'';
(3) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(4) by inserting after subsection (a) the following:
``(b) Use of Special Recreation Permit Fee Revenue.--Revenue from a
special recreation permit fee may be used for--
``(1) the purposes described in subsection (a); and
``(2) expenses--
``(A) associated with issuing and administering
special recreation permits; and
``(B) incurred in the improvement of the operation of
the special recreation permit system.''.
(d) Permanent Authorization.--Section 810 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6809) is amended--
(1) by striking ``The authority'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), the
authority''; and
(2) by adding at the end the following:
``(b) Applicability.--Subsection (a) shall not apply to--
``(1) section 802;
``(2) subsection (d)(2) or (h) of section 803; or
``(3) subsection (a), (b) or (c) of section 808.''.
SEC. 103. PERMITTING PROCESS IMPROVEMENTS.
(a) In General.--To simplify the process of the issuance and renewal
of special recreation permits and reduce the cost of administering
special recreation permits, the Secretary concerned shall--
(1) not later than 180 days after the date of the enactment
of this Act--
(A) evaluate the special recreation permitting
process; and
(B) identify opportunities--
(i) to eliminate duplicative processes;
(ii) to reduce costs; and
(iii) to decrease processing times; and
(2) not later than 1 year after the date on which the
Secretary concerned completes the evaluation and identification
processes under paragraph (1), revise, as necessary, relevant
agency regulations and policy statements to implement the
improvements identified under paragraph (1)(B).
(b) Categorical Exclusions.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary concerned shall--
(A) evaluate whether 1 or more additional categorical
exclusions developed in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) would reduce processing times or costs for the
issuance or renewal of special recreation permits
without significantly affecting the human environment;
and
(B) if the Secretary concerned determines under
subparagraph (A) that 1 or more additional categorical
exclusions would reduce processing times or costs for
the issuance or renewal of special recreation permits
without significantly affecting the human environment--
(i) establish those categorical exclusions in
compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) fully document that a category of
actions will not individually or cumulatively
have a significant effect on the human
environment; and
(iii) revise relevant agency regulations and
policy statements to implement those
categorical exclusions.
(2) Administration.--
(A) In general.--In administering a categorical
exclusion established under paragraph (1)(B), the
Secretary concerned shall comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) (including regulations promulgated pursuant to
that Act).
(B) Extraordinary circumstances.--In determining
whether to use a categorical exclusion established
under paragraph (1)(B), the Secretary concerned shall
apply, as applicable, the extraordinary circumstances
procedures described in--
(i) section 220.6 of title 36, Code of
Federal Regulations (or a successor
regulation); and
(ii) section 46.215 of title 43, Code of
Federal Regulations (or a successor
regulation).
(c) Needs Assessments.--Except as required under subsection (c) or
(d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary
concerned shall not conduct a needs assessment as a condition of
issuing a special recreation permit for a Federal land unit under this
Act.
(d) Online Applications.--The Secretary concerned shall make
applications for special recreation permits available to be completed
and submitted online unless the Secretary concerned determines that
making applications for special recreation permits available to be
completed and submitted online would not improve the efficiency or
accessibility of the permitting process.
SEC. 104. PERMIT FLEXIBILITY.
(a) Similar Activities.--The Secretary concerned shall establish a
permit administration protocol that authorizes, to the maximum extent
practicable, a permittee issued a special recreation permit for a
Federal land unit under section 803(h) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802(h)) to engage in a recreational
activity that is substantially similar to the specific activity
authorized under the special recreation permit, if the substantially
similar 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 authorized activity;
(3) does not adversely affect any other permittee issued a
special recreation permit for a Federal land unit under that
subsection;
(4) does not involve the use of a motor for a previously non-
motorized use; and
(5) is consistent with any laws and regulations (including
land use or management plans) applying to a Federal land unit.
(b) Voluntary Return of Surplus Service Days.--The Secretary
concerned shall establish a program to allow a permittee issued a
special recreation permit for a Federal land unit to voluntarily and
temporarily return to the Secretary concerned 1 or more surplus service
days, to be made available to any other existing or potential
permittee.
(c) Forest Service and Bureau of Land Management Temporary Special
Recreation Permits.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, 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.
(2) Term of temporary permits.--A temporary special
recreation permit issued under paragraph (1) shall be issued
for a period of not more than 2 years.
(3) Conversion to long-term permit.--If the Secretary
concerned determines that a permittee under paragraph (1) has
completed 2 years of satisfactory operation under the permit
proposed to be converted, the Secretary may provide for the
conversion of a temporary special recreation permit issued
under paragraph (1) to a long-term special recreation permit.
(4) 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(h)(1)).
SEC. 105. PERMIT ADMINISTRATION.
(a) Permit Availability.--
(1) Notification of permit availability.--
(A) In general.--Except as provided in subparagraphs
(B) and (C), if the Secretary concerned has determined
that the Department of Agriculture or the Department of
the Interior, as applicable, is able to issue new
special recreation permits to recreation service
providers seeking to use a Federal land unit, the
Secretary concerned shall publish that information on
the website of the agency that administers the relevant
Federal land unit.
(B) Exception for certain permits.--With respect to a
Federal land unit managed by the Forest Service or the
Bureau of Land Management, subparagraph (A) shall apply
only to a long-term special recreation permit for the
Federal land unit.
(C) Exception for renewals and reissuances.--
Subparagraph (A) shall not apply to--
(i) a renewal or reissuance of an existing
special recreation permit; or
(ii) a new special recreation permit issued
to the purchaser of a recreation service
provider that is the holder of an existing
special recreation permit.
(D) Effect.--Nothing in this paragraph creates a
prerequisite to the issuance of a special recreation
permit or otherwise limits the authority of the
Secretary concerned--
(i) to issue a new special recreation permit;
(ii) to add a new or additional use to an
existing special recreation permit; or
(iii) to make special recreation permits
available to members of the public.
(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 notification.--The Secretary concerned
shall--
(A) establish a system by which potential special
recreation permit applicants may subscribe to receive
notification of the availability of special recreation
permits by electronic mail; and
(B) direct employees of the Department of Agriculture
or the Department of the Interior, as applicable, to
use that system to notify the public of the
availability of special recreation permits.
(b) Permit Application Acknowledgment.--Not later than 60 days after
the date on which the Secretary of the Interior receives a completed
application or the Secretary of Agriculture receives a complete
proposal for a special recreation permit for a Federal land unit, 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.
SEC. 106. PERMITS FOR MULTIJURISDICTIONAL TRIPS.
(a) Single Joint Special Recreation Permits.--
(1) In general.--In the case of a multijurisdictional trip,
the Federal land management agencies with jurisdiction over the
multijurisdictional trip may offer to the applicant a single
joint special recreation permit that authorizes the use of each
Federal land unit under the jurisdiction of those Federal land
management agencies.
(2) Lead agency.--In offering a single joint special
recreation permit under paragraph (1), the applicable Federal
land management agencies shall designate a lead agency for
administering the single joint special recreation permit based
on the following considerations:
(A) The length of the multijurisdictional trip and
the relative portions of the multijurisdictional trip
on each Federal land unit.
(B) The congressional or administrative designations
that apply to the areas to be used during the
multijurisdictional trip and the degree to which those
designations impose limitations on recreational use.
(C) The relative ability of the Federal land
management agencies with jurisdiction over the
multijurisdictional trip to respond to the single joint
special recreation permit application in a timely
manner.
(D) Other relevant administrative considerations.
(3) Application.--An applicant desiring to be offered a
single joint special recreation permit under paragraph (1)
shall submit to the lead agency an application, as required by
the lead agency.
(4) Option to apply for separate permits.--An applicant for a
special recreation permit for a multijurisdictional trip may
apply to each applicable Federal land management agency for a
separate permit for the portion of the multijurisdictional trip
on the Federal land unit managed by each applicable Federal
land management agency.
(5) Prohibitions.--Nothing in this section shall be construed
to allow an activity that would otherwise be prohibited on the
Federal land unit where the activity would take place.
(b) Requirements.--In issuing a single joint special recreation
permit under subsection (a), the lead agency shall--
(1) coordinate with each associated agency, consistent with
the authority of the Secretary concerned under section 330 of
the Department of the Interior and Related Agencies
Appropriations Act, 2001 (43 U.S.C. 1703), to develop and issue
1 joint permit that covers the entirety of the
multijurisdictional trip;
(2) in processing the joint special recreation permit
application, incorporate the findings, interests, and needs of
the associated agency;
(3) in issuing the joint special recreation permit, clearly
identify the agencies that have the authority to enforce the
terms, stipulations, conditions and agreements of the joint
special recreation permit, as determined under subsection (d);
and
(4) complete the permitting process within a reasonable
timeframe.
(c) Cost Recovery.--The coordination with the associated agency under
subsection (b) shall not be subject to cost recovery.
(d) Enforcement Authority.--
(1) Delegation of authority to lead agency.--In administering
a single joint special recreation permit under subsection (a),
the associated agency shall delegate to the lead agency the
authority--
(A) to enforce the terms, stipulations, conditions,
and agreements of the joint special recreation permit,
as may be required by the regulations of the Secretary
of the associated agency; and
(B) to suspend, terminate, or revoke the joint
special recreation permit for--
(i) noncompliance with Federal, State, or
local laws and regulations;
(ii) noncompliance with the terms of the
joint special recreation permit; or
(iii) failure of the holder of the joint
special recreation permit to exercise the
privileges granted by the joint special
recreation permit.
(2) Retention of authority by the associated agency.--The
associated agency shall retain the authority to enforce the
terms, stipulations, conditions, and agreements in the joint
special recreation permit that apply specifically to the use
occurring on the Federal land unit managed by the associated
agency.
(e) Withdrawal.--
(1) In general.--The lead agency or an associated agency may
withdraw from a joint special recreation permit at any time.
(2) Issuance of separate permits.--
(A) In general.--In the case of a withdrawal by 1 or
more agencies under paragraph (1), if the holder of the
joint special recreation permit is in compliance with
the requirements of the joint special recreation
permit, the lead agency and each associated agency
shall issue to the holder of the joint special
recreation permit a new, separate special recreation
permit for any use occurring on the Federal land unit
managed by the agency.
(B) No new application.--The holder of a joint
special recreation permit from which an agency has
withdrawn under paragraph (1) shall not be required to
submit a new application for a separate special
recreation permit under subparagraph (A).
(f) Treatment of Federal Land Units Charging Entrance Fees.--Entrance
fees may still be collected in addition to any special recreation
permit fees for any trip that originates on, or outside of but passes
through, a Federal lands unit that charges such fees.
SEC. 107. FOREST SERVICE PERMIT USE REVIEWS.
(a) In General.--If the Secretary of Agriculture (referred to in this
section as the ``Secretary'') conducts a special recreation permit use
review in renewing a special recreation permit or adjusting allocations
of use in a special recreation permit, the Secretary shall--
(1) take into consideration the performance of the special
recreation permit holder during the reviewed period; and
(2) if the special recreation permit holder receives a
satisfactory performance review, allocate to the special
recreation permit holder the highest level of actual annual use
during the period under review plus 25 percent of that use, not
to exceed the level allocated to the special recreation permit
holder on the date on which the special recreation permit was
issued.
(b) Additional Capacity.--
(1) In general.--If additional use capacity is available the
Secretary may, at any time, assign additional use capacity to 1
or more qualified recreation service providers.
(2) Assignment not subject to cap on use.--Notwithstanding
subsection (a), in assigning additional use capacity under
paragraph (1), the Secretary may assign additional use capacity
to an existing special recreation permit holder even if that
assignment would exceed the amount of use allocated to the
special recreation permit holder on the date on which the
special recreation permit was issued.
(c) Waiver.--The Secretary may waive a special recreation permit use
review for any period during which use of the assigned capacity has
been prevented by a circumstance beyond the control of the special
recreation permit holder, such as--
(1) unfavorable weather;
(2) fire;
(3) natural disaster;
(4) wildlife displacement;
(5) business interruption;
(6) insufficient availability of hunting and fishing
licenses; or
(7) significant seasonal variability or off-peak periods
within the allocated period of use.
(d) Approval of Non-Use.--
(1) In general.--In any circumstance for which the holder of
a special recreation permit would qualify for a waiver under
subsection (c), on request of the holder of the special
recreation permit, the Secretary may approve non-use by the
holder of the special recreation permit without reducing the
number of service days assigned to the special recreation
permit.
(2) Temporary reassignment of use.--The Secretary may
temporarily assign any period of non-use approved under
paragraph (1) to any other existing or potential permittee.
SEC. 108. LIABILITY.
(a) Exculpatory Agreements.--
(1) In general.--A Federal land management agency shall not
implement, administer, or enforce any regulation, guidance, or
policy regarding the use of an exculpatory agreement between a
special recreation permit holder and a customer of the special
recreation permit holder relating to services provided under a
special recreation permit.
(2) Savings clause.--Nothing in this subsection preempts,
displaces, modifies, or eliminates any State law (including
common law) regarding exculpatory agreements.
(b) Indemnification by Government Entities.--The Secretary concerned
may not require a recreation service provider to indemnify the United
States as a condition for issuing a special recreation permit for a
Federal land unit under this section 803(h) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802(h)) if--
(1) the recreation service provider is prohibited by State or
local law from providing indemnification to the United States;
and
(2) the recreation service provider--
(A) carries the minimum amount of liability insurance
coverage required by the issuing agency for the
activities conducted under the special recreation
permit; or
(B) is self-insured for the same amount.
SEC. 109. COST RECOVERY REFORM.
(a) Revision of Regulations.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Agriculture shall
revise section 251.58 of title 36, Code of Federal Regulations,
and the Secretary of the Interior shall revise subsections (e)
and (f) of section 2932.31 of title 43, Code of Federal
Regulations, to be consistent with this section.
(2) Limitation.--In carrying out paragraph (1), the Secretary
of Agriculture and the Secretary of the Interior shall not
include anything in the revised regulations that would limit
the authority of the Secretary concerned to issue or renew
special recreation permits.
(b) De Minimis Exemption From Cost Recovery.--
(1) In general.--Any regulation promulgated by the Secretary
of the Interior or the Secretary of Agriculture to establish
fees to recover the costs of processing an application for a
special recreation permit issued by the U.S. Forest Service or
the Bureau of Land Management, or for monitoring an
authorization under a special recreation permit issued by the
Forest Service or the Bureau of Land Management, shall include
an exemption providing that fees may not be recovered for not
less than the first 50 hours of work necessary in any 1 year to
process the application or monitor the authorization.
(2) Multiple applications.--In situations involving multiple
applications for special recreation permits issued by the
Forest Service or the Bureau of Land Management for similar
services in the same Federal land unit or area that, in the
aggregate, require more hours to process than are exempt under
the regulations promulgated under paragraph (1), the Secretary
concerned shall, regardless of whether the applications are
solicited or unsolicited and whether there is competitive
interest--
(A) determine the share of the aggregate quantity of
hours to be allocated to each application on an equal
or prorated basis, as appropriate; and
(B) for each application, apply a separate exemption
as specified in the regulations promulgated under
paragraph (1) to the share of the aggregate hours
allocated to the application.
(c) 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. 110. EXTENSION OF SPECIAL RECREATION PERMITS.
(a) In General.--Subject to subsection (b), if the holder of a long-
term special recreation permit makes a timely and sufficient request
for renewal of the long-term special recreation permit, the expiration
of the permit shall be tolled in accordance with the undesignated
matter following section 558(c)(2) of title 5, United States Code,
until such time as the request for renewal has been finally determined
by the Secretary concerned.
(b) Limitation.--Any tolling under subsection (a) shall be for a
period of not more than 5 years.
(c) Responsibility of the Secretary Concerned.--Before allowing the
expiration of a permit to be tolled under subsection (a), the Secretary
concerned, to the maximum extent practicable, shall complete the
renewal process.
SEC. 111. AVAILABILITY OF FEDERAL AND STATE 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 AND STATE RECREATION PASSES.
``(a) Establishment of Program.--
``(1) In general.--To improve the availability of Federal and
State outdoor recreation passes, the Secretaries are encouraged
to consult with States to coordinate the availability of
Federal and State recreation passes to allow a purchaser to buy
a Federal recreation pass and a State recreation pass in the
same transaction.
``(2) Included passes.--Passes covered by the program
established under paragraph (1) include--
``(A) an America the Beautiful--the National Parks
and Federal Recreational Lands Pass under section 805;
and
``(B) any pass covering any fees charged by
participating States and localities for entrance and
recreational use of parks and public land in the
participating States.
``(b) Agreements With States.--
``(1) In general.--The Secretaries, after consultation with
the States, may enter into agreements with States to coordinate
the availability of passes as described in subsection (a).
``(2) Revenue from pass sales.--The agreements between the
Secretaries and the States shall ensure that--
``(A) funds from the sale of State passes are
transferred to the appropriate State agency;
``(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.
``(3) Notice.--In entering into an agreement under paragraph
(1), the Secretaries shall publish in the Federal Register a
notice describing the agreement.''.
(b) Clerical Amendment.--The table of contents for the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801 et seq.) is amended by
inserting after the item relating to section 805 the following:
``Sec. 805A. Availability of Federal and State recreation passes.''.
SEC. 112. ONLINE PURCHASES OF AMERICA THE BEAUTIFUL--THE NATIONAL PARKS
AND FEDERAL RECREATIONAL LANDS PASS.
(a) In General.--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 the
America the Beautiful--the National Parks and Federal
Recreational Lands Pass--
``(i) at all Federal recreational lands and
waters at which an entrance fee or a standard
amenity recreation fee is charged where
feasible to do so;
``(ii) at such other locations as the
Secretaries consider appropriate and feasible;
and
``(iii) through the website of each of the
Federal land management agencies and the
websites of the relevant units and subunits of
those agencies, with--
``(I) a prominent link on each
website; and
``(II) information about where and
when passes are needed.''.
(b) Entrance Pass and Amenity Fees.--The Secretaries shall make
available for payment online, if appropriate and feasible, for each
Federal land unit where passes and fees are required--
(1) all entrance fees under section 803(e) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802(e));
(2) all standard amenity recreation fees under section 803(f)
of that Act (16 U.S.C. 6802(f)); and
(3) all expanded amenity recreation fees under section 803(g)
of that Act (16 U.S.C. 6802(g)).
SEC. 113. SAVINGS PROVISION.
Nothing in this Act, or in any amendment made by this Act, 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 units of the
National Park System pursuant to the National Park Service Concessions
Management Improvement Act of 1998, except that sections 103(a),
103(b), 103(d), 104(a), 104(b), 106, 108(a), and 108(b) of this Act
shall also apply to commercial use authorizations under that Act.
TITLE II--MAKING RECREATION A PRIORITY
SEC. 201. EXTENSION OF SEASONAL RECREATION OPPORTUNITIES.
(a) In General.--
(1) Extension of recreational season.--The relevant unit
managers of Federal recreational lands and waters managed by
the Forest Service, the Bureau of Land Management, and the
National Park Service may--
(A) identify areas of Federal recreational lands and
waters in which recreation use is highly seasonal;
(B) where appropriate, extend the recreation season
or increase recreation use in a sustainable manner
during the offseason; and
(C) make information about extended season schedules
and related recreational opportunities available to the
public and local communities.
(2) Clarification.--Nothing in this subsection precludes the
Secretaries from providing for additional recreational
opportunities and uses at times other than those referred to in
paragraph (1).
(b) Inclusions.--An extension under subsection (a)(1) may include--
(1) the addition of facilities that would increase recreation
use during the offseason; and
(2) improvement of access to the area to extend the season.
(c) Requirement.--An extension under subsection (a)(1) shall be
compatible with all applicable Federal laws, regulations, and policies,
including land use plans.
SEC. 202. RECREATION PERFORMANCE METRICS.
(a) In General.--The Chief of the Forest Service and the Director of
the Bureau of Land Management shall evaluate land managers under their
jurisdiction based on the achievement of applicable agency recreational
and tourism metrics as described in applicable land management plans.
(b) Metrics.--
(1) In general.--The metrics used to evaluate recreation and
tourism outcomes shall ensure--
(A) the advancement of recreation and tourism goals;
and
(B) the ability of the land manager to enhance the
outdoor experience of the visitor.
(2) Inclusions.--The metrics referred to in paragraph (1)
shall include--
(A) the extent of positive economic impacts;
(B) visitation by families;
(C) the number of visiting school and youth groups;
(D) the number of available recreational
opportunities;
(E) the quality of visitor experience;
(F) the number of recreational and environmental
educational programs offered;
(G) visitor satisfaction; and
(H) the maintenance and expansion of existing
recreation infrastructure.
TITLE III--MAINTENANCE OF PUBLIC LAND
SEC. 301. PRIVATE-SECTOR VOLUNTEER ENHANCEMENT PROGRAM.
(a) Purpose.--The purpose of this section is to promote private-
sector volunteer programs within the Department of the Interior and the
Department of Agriculture to enhance stewardship, recreation access,
and sustainability of the resources, values, and facilities of the
Federal recreational lands and waters managed by the Federal land
management agencies.
(b) Definitions.--In this section:
(1) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through the
Chief of the Forest Service), with respect to National
Forest System land; and
(B) the Secretary of the Interior, with respect to
land managed by the Bureau of Land Management.
(2) Volunteer.--The term ``volunteer'' means any individual
who performs volunteer services under this section.
(c) Establishment.--The Secretary concerned shall carry out a program
under which the Secretary concerned shall--
(1) enhance private-sector volunteer programs;
(2) actively promote private-sector volunteer opportunities;
and
(3) provide outreach to, and coordinate with, the private
sector for the purposes described in paragraphs (1) and (2).
(d) Cooperative Agreements for Stewardship of Federal Land.--
(1) Authority to enter into agreements.--The Secretary
concerned may enter into cooperative agreements (in accordance
with section 6305 of title 31, United States Code) with private
agencies, organizations, institutions, corporations,
individuals, or other entities to carry out one or more
projects or programs with a Federal land management agency in
accordance with this section.
(2) Project and program instructions.--The Secretary
concerned shall include in the cooperative agreement the
desired outcomes of the project or program and the guidelines
for the volunteers to follow, including--
(A) the physical boundaries of the project or
program;
(B) the equipment the volunteers are authorized to
use to complete the project or program;
(C) the training the volunteers are required to
complete, including agency consideration and
incorporation of training offered by qualified
nongovernmental organizations and volunteer partner
organizations;
(D) the actions the volunteers are authorized to take
to complete the project or program; and
(E) any other information that the Secretary
concerned determines necessary for the volunteer group
to complete the project or program.
(3) Authorized projects and programs.--Subject to paragraph
(4), the Secretary concerned may use a cooperative agreement to
carry out projects and programs for Federal land that--
(A) promote the stewardship of resources of Federal
land by volunteers;
(B) support maintaining the resources, trails, and
facilities on Federal land in a sustainable manner;
(C) increase awareness, understanding, and
stewardship of Federal land through the development,
publication, or distribution of educational materials
and products; and
(D) promote the use of Federal land as outdoor
classrooms.
(4) Conditions on use of authority.--The Secretary concerned
may use a cooperative agreement under paragraph (1) to carry
out a project or program for the Federal land only if the
project or program--
(A) complies with all Federal laws (including
regulations) and policies;
(B) is consistent with an applicable management plan
for any Federal recreational lands and waters involved;
(C) is monitored by the relevant Federal land
management agency during the project and after project
completion to determine compliance with the
instructions under paragraph (2); and
(D) satisfies such other terms and conditions as the
Secretary concerned determines to be appropriate.
SEC. 302. ENHANCING OUTDOOR RECREATION THROUGH PUBLIC LANDS SERVICE
ORGANIZATIONS.
In carrying out projects on Federal recreational lands and waters
that would directly or indirectly enhance recreation, the Secretaries
shall--
(1) to the maximum extent practicable--
(A) use qualified youth or conservation corps as
defined in section 203(11) of the Public Lands Corps
Act of 1993 (16 U.S.C. 1722(11)); and
(B) use non-profit wilderness and trails stewardship
organizations;
(2) enter into cooperative agreements with the Corps Network,
the National Wilderness Stewardship Alliance, American Trails,
other public lands stewardship organizations, outdoor
recreation businesses, and outdoor recreation university
programs, as appropriate, for the purpose of identifying
appropriate projects, activities, and workforce development
outcomes; and
(3) waive any matching funds requirements, including under
section 212(a)(1) of the Public Lands Corps Act of 1993 (16
U.S.C. 1729(a)(1)).
Purpose of the Bill
The purpose of H.R. 3670 is to improve access for outdoor
recreation through the use of special recreation permits on
federal recreational lands and waters.
Background and Need for Legislation
H.R. 3670 seeks to improve the recreational permitting
process, increase access to public lands, and better enable
future generations of Americans to have formative experiences
on our public lands. More specifically, the bill would require
agencies to offer more short-term permits and create a program
for sharing unused permit service days; increase system
transparency; authorize land management agencies to issue a
single joint permit for trips involving more than one agency;
reduce permit fees and cost recovery expenses; and address
barriers to access for educational institutions and city
recreation departments.
Committee Action
H.R. 3670 was introduced on June 1, 2021, by Representative
Joe Neguse (D-CO). The bill was referred to the Committee on
Natural Resources, and in addition to the Committee on
Agriculture. Within the Natural Resources Committee, the bill
was referred to the Subcommittee on National Parks, Forests,
and Public Lands. On June 8, 2021, the Subcommittee held a
hearing on the bill. On October 13, 2021, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. Rep. Blake Moore (R-UT)
offered an amendment designated Moore #1. The amendment was
agreed to by unanimous consent. The bill, as amended, was
adopted and ordered favorably reported to the House of
Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on National Parks, Forests, and
Public Lands held on June 8, 2021.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) of rule XIII
of the Rules of the House of Representatives and section 308(a)
of the Congressional Budget Act of 1974 and with respect to
requirements of clause (3)(c)(3) and clause 3(d) of rule XIII
of the Rules of the House of Representatives and section 402 of
the Congressional Budget Act of 1974, the Committee has
requested but not received a cost estimate for this bill from
the Director of Congressional Budget Office. The Committee
adopts as its own cost estimate the forthcoming cost estimate
of the Director of the Congressional Budget Office, should such
cost estimate be made available before House passage of the
bill.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to improve access for outdoor
recreation through the use of special recreation permits on
Federal recreational lands and waters.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local, or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
FEDERAL LANDS RECREATION ENHANCEMENT ACT
* * * * * * *
DIVISION J--OTHER MATTERS
* * * * * * *
TITLE VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT
SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Federal Lands
Recreation Enhancement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 801. Short title and table of contents.
* * * * * * *
Sec. 805A. Availability of Federal and State recreation passes.
* * * * * * *
SEC. 802. DEFINITIONS.
In this Act:
[(3)] (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 [3(g)] 803(g).
[(4)] (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.
[(5)] (4) Federal recreational lands and waters.--The
term ``Federal recreational lands and waters'' means
lands or waters managed by a Federal land management
agency.
[(6)] (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 [5] 805.
[(7)] (6) Passholder.--The term ``passholder'' means
the person who is issued a recreation pass.
[(8)] (7) Recreation fee.--The term ``recreation
fee'' means an entrance fee, standard amenity
recreation fee, expanded amenity recreation fee, or
special recreation permit fee.
[(9)] (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 [5] 805.
(9) Recreation service provider.--The term
``recreation service provider'' means an individual or
entity that--
(A) provides outfitting, guiding, or other
recreation services; or
(B) conducts recreational or competitive
events, including incidental sales.
[(11)] (10) Secretaries.--The term ``Secretaries''
means the Secretary of the Interior and the Secretary
of Agriculture acting jointly.
[(10)] (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 [7] 807 for a Federal land management
agency.
(13) Special recreation permit.--The term ``special
recreation permit'' means a permit issued by a Federal
Land Management Agency for specialized individual or
group uses of Federal recreational lands and waters,
including--
(A) for outfitting, guiding, or other
recreation services;
(B) for recreation or competitive events,
which may include incidental sales;
(C) for the use of--
(i) a special area; or
(ii) an area in which use is
allocated;
(D) for motorized recreational vehicle use in
compliance with an applicable travel management
plan or other regulation; and
(E) for a group activity or event.
[(13)] (14) Special recreation permit fee.--The term
``special recreation permit fee'' means the fee
authorized by section [3(h)] 803(h).
[(1)] (15) Standard amenity recreation fee.--The term
``standard amenity recreation fee'' means the
recreation fee authorized by section [3(f)] 803(f).
SEC. 803. RECREATION FEE AUTHORITY.
(a) Authority of Secretary.--Beginning in fiscal year 2005
and thereafter, the Secretary may establish, modify, charge,
and collect recreation fees at Federal recreational lands and
waters as provided for in this section.
(b) Basis for Recreation Fees.--Recreation fees shall be
established in a manner consistent with the following criteria:
(1) The amount of the recreation fee shall be
commensurate with the benefits and services provided to
the visitor.
(2) The Secretary shall consider the aggregate effect
of recreation fees on recreation users and recreation
service providers.
(3) The Secretary shall consider comparable fees
charged elsewhere and by other public agencies and by
nearby private sector operators.
(4) The Secretary shall consider the public policy or
management objectives served by the recreation fee.
(5) The Secretary shall obtain input from the
appropriate Recreation Resource Advisory Committee, as
provided in section [4(d)] 804(d).
(6) The Secretary shall consider such other factors
or criteria as determined appropriate by the Secretary.
(c) Special Considerations.--The Secretary shall establish
the minimum number of recreation fees and shall avoid the
collection of multiple or layered recreation fees for similar
uses, activities, or programs.
(d) Limitations on Recreation Fees.--
(1) Prohibition on fees for certain activities or
services.--The Secretary shall not charge any standard
amenity recreation fee or expanded amenity recreation
fee for Federal recreational lands and waters
administered by the Bureau of Land Management, the
Forest Service, or the Bureau of Reclamation under this
Act for any of the following:
(A) Solely for parking, undesignated parking,
or picnicking along roads or trailsides.
(B) For general access unless specifically
authorized under this section.
(C) For dispersed areas with low or no
investment unless specifically authorized under
this section.
(D) For persons who are driving through,
walking through, boating through, horseback
riding through, or hiking through Federal
recreational lands and waters without using the
facilities and services.
(E) For camping at undeveloped sites that do
not provide a minimum number of facilities and
services as described in subsection (g)(2)(A).
(F) For use of overlooks or scenic pullouts.
(G) For travel by private, noncommercial
vehicle over any national parkway or any road
or highway established as a part of the
Federal-aid System, as defined in section 101
of title 23, United States Code, which is
commonly used by the public as a means of
travel between two places either or both of
which are outside any unit or area at which
recreation fees are charged under this Act
(H) For travel by private, noncommercial
vehicle, boat, or aircraft over any road or
highway, waterway, or airway to any land in
which such person has any property right if
such land is within any unit or area at which
recreation fees are charged under this Act
(I) For any person who has a right of access
for hunting or fishing privileges under a
specific provision of law or treaty.
(J) For any person who is engaged in the
conduct of official Federal, State, Tribal, or
local government business.
(K) For special attention or extra services
necessary to meet the needs of the disabled.
(2) Relation to fees for use of highways or roads.--
An entity that pays a special recreation permit fee or
similar permit fee shall not be subject to a road cost-
sharing fee or a fee for the use of highways or roads
that are open to private, noncommercial use within the
boundaries of any Federal recreational lands or waters,
as authorized under section 6 of Public Law 88-657 (16
U.S.C. 537; commonly known as the Forest Roads and
Trails Act).
(3) Prohibition on fees for certain persons or
places.--The Secretary shall not charge an entrance fee
or standard amenity recreation fee for the following:
(A) Any person under 16 years of age.
(B) Outings conducted for noncommercial
educational purposes by schools or bona fide
academic institutions.
(C) The U.S.S. Arizona Memorial, Independence
National Historical Park, any unit of the
National Park System within the District of
Columbia, or Arlington House-Robert E. Lee
National Memorial.
(D) The Flight 93 National Memorial.
(E) Entrance on other routes into the Great
Smoky Mountains National Park or any part
thereof unless fees are charged for entrance
into that park on main highways and
thoroughfares.
(F) Entrance on units of the National Park
System containing deed restrictions on charging
fees.
(G) An area or unit covered under section 203
of the Alaska National Interest Lands
Conservation Act (Public Law 96-487; 16 U.S.C.
410hh-2), with the exception of Denali National
Park and Preserve.
(H) A unit of the National Wildlife Refuge
System created, expanded, or modified by the
Alaska National Interest Lands Conservation Act
(Public Law 96-487).
(I) Any person who visits a unit or area
under the jurisdiction of the United States
Fish and Wildlife Service and who has been
issued a valid migratory bird hunting and
conservation stamp issued under section 2 of
the Act of March 16, 1934 (16 U.S.C. 718b;
commonly known as the Duck Stamp Act).
(J) Any person engaged in a nonrecreational
activity authorized under a valid permit issued
under any other Act, including a valid grazing
permit.
(4) No restriction on recreation opportunities.--
Nothing in this Act shall limit the use of recreation
opportunities only to areas designated for collection
of recreation fees.
(e) Entrance Fee.--
(1) Authorized sites for entrance fees.--The
Secretary of the Interior may charge an entrance fee
for a unit of the National Park System, including a
national monument administered by the National Park
Service, or for a unit of the National Wildlife Refuge
System.
(2) Prohibited sites.--The Secretary shall not charge
an entrance fee for Federal recreational lands and
waters managed by the Bureau of Land Management, the
Bureau of Reclamation, or the Forest Service.
(f) Standard Amenity Recreation Fee.--Except as limited by
subsection (d), the Secretary may charge a standard amenity
recreation fee for Federal recreational lands and waters under
the jurisdiction of the Bureau of Land Management, the Bureau
of Reclamation, or the Forest Service, but only at the
following:
(1) A National Conservation Area.
(2) A National Volcanic Monument.
(3) A destination visitor or interpretive center that
provides a broad range of interpretive services,
programs, and media.
(4) An area--
(A) that provides significant opportunities
for outdoor recreation;
(B) that has substantial Federal investments;
(C) where fees can be efficiently collected;
and
(D) that contains all of the following
amenities:
(i) Designated developed parking.
(ii) A permanent toilet facility.
(iii) A permanent trash receptacle.
(iv) Interpretive sign, exhibit, or
kiosk.
(v) Picnic tables.
(vi) Security services.
(g) Expanded Amenity Recreation Fee.--
(1) NPS and usfws authority.--Except as limited by
subsection (d), the Secretary of the Interior may
charge an expanded amenity recreation fee, either in
addition to an entrance fee or by itself, at Federal
recreational lands and waters under the jurisdiction of
the National Park Service or the United States Fish and
Wildlife Service when the Secretary of the Interior
determines that the visitor uses a specific or
specialized facility, equipment, or service.
(2) Other federal land management agencies.--Except
as limited by subsection (d), the Secretary may charge
an expanded amenity recreation fee, either in addition
to a standard amenity fee or by itself, at Federal
recreational lands and waters under the jurisdiction of
the Forest Service, the Bureau of Land Management, or
the Bureau of Reclamation, but only for the following
facilities or services:
(A) Use of developed campgrounds that provide
at least a majority of the following:
(i) Tent or trailer spaces.
(ii) Picnic tables.
(iii) Drinking water.
(iv) Access roads.
(v) The collection of the fee by an
employee or agent of the Federal land
management agency.
(vi) Reasonable visitor protection.
(vii) Refuse containers.
(viii) Toilet facilities.
(ix) Simple devices for containing a
campfire.
(B) Use of highly developed boat launches
with specialized facilities or services such as
mechanical or hydraulic boat lifts or
facilities, multi-lane paved ramps, paved
parking, restrooms and other improvements such
as boarding floats, loading ramps, or fish
cleaning stations.
(C) Rental of cabins, boats, stock animals,
lookouts, historic structures, group day-use or
overnight sites, audio tour devices, portable
sanitation devices, binoculars or other
equipment.
(D) Use of hookups for electricity, cable, or
sewer.
(E) Use of sanitary dump stations.
(F) Participation in an enhanced interpretive
program or special tour.
(G) Use of reservation services.
(H) Use of transportation services.
(I) Use of areas where emergency medical or
first-aid services are administered from
facilities staffed by public employees or
employees under a contract or reciprocal
agreement with the Federal Government.
(J) Use of developed swimming sites that
provide at least a majority of the following:
(i) Bathhouse with showers and flush
toilets.
(ii) Refuse containers.
(iii) Picnic areas.
(iv) Paved parking.
(v) Attendants, including lifeguards.
(vi) Floats encompassing the swimming
area.
(vii) Swimming deck.
[(h) Special Recreation Permit Fee.--The Secretary may issue
a special recreation permit, and charge a special recreation
permit fee in connection with the issuance of the permit, for
specialized recreation uses of Federal recreational lands and
waters, such as group activities, recreation events, motorized
recreational vehicle use.]
(h) Special Recreation Permit and Fee.--
(1) Special recreation permit.--The Secretary may
issue a special recreation permit for specialized
individual or group uses of Federal recreational lands
and waters as defined in section 802(13) of this Act
(16 U.S.C. 6801).
(2) Special recreation permit fee.--
(A) In general.--The Secretary may charge a
special recreation permit fee in connection
with the issuance of a special recreation
permit under paragraph (1).
(B) Fees for certain lands.--
(i) In general.--Subject to clauses
(ii) and (iii), a special recreation
permit fee under subparagraph (A) for
use of Federal recreational lands and
waters managed by the Forest Service,
the Bureau of Land Management, the
Bureau of Reclamation, or the United
States Fish and Wildlife Service shall
not exceed the difference between--
(I) the sum of--
(aa) 3 percent of the
annual gross revenue of
the recreation service
provider for all
activities authorized
by the special
recreation permit; and
(bb) any applicable
revenue addition; and
(II) any applicable revenue
exclusion.
(ii) Exclusion of certain revenues
and payments.--In calculating the
amount of a fee for a special
recreation permit under clause (i), the
Secretary concerned shall exclude--
(I) revenue from goods,
services, souvenirs,
merchandise, gear, food, and
activities provided or sold by
a special recreation permit
holder in a location other than
the Federal recreational lands
and waters covered by the
permit, including
transportation costs, lodging,
and any other service before or
after a trip; and
(II) revenue from any
recreational services provided
by a special recreation permit
holder for activities on
Federal recreational lands and
waters for which a separate
permit is issued.
(iii) Alternative per-person fee.--
(I) In general.--For Federal
recreational lands and waters
managed by the Forest Service,
the Bureau of Land Management,
the Bureau of Reclamation, or
the United States Fish and
Wildlife Service, the Secretary
may charge a per-person fee in
connection with the issuance of
a special recreation permit
under paragraph (1).
(II) Amount of fee.--The
total amount charged by the
Secretary in connection with
the issuance of a special
recreation permit under
paragraph (1) using a per-
person fee under subclause (I)
shall not exceed the amount the
Secretary may charge for a
special recreation permit fee
under subparagraph (A) and
clauses (i) and (ii).
(iv) Effect.--Nothing in this
subparagraph affects any fee for a
commercial use authorization for use of
Federal recreational lands and waters
managed by the National Park Service.
(C) Disclosure of fees.--A special recreation
permit holder may inform customers of any fee
charged by the Secretary under this section.
(3) Reports.--
(A) In general.--The Secretary shall make
available to holders of special recreation
permits under paragraph (1) and the public an
annual report describing the use of fees
collected by the Secretary under paragraph (2).
(B) Requirements.--The report under
subparagraph (A) shall include a description of
how the fees are used in each Federal land unit
(as defined in section 2 of the SOAR Act)
administered by the Secretary, including an
identification of the amounts used for specific
activities within the Federal land unit.
* * * * * * *
SEC. 805. RECREATION PASSES.
(a) America the Beautiful--the National Parks and Federal
Recreational Lands Pass.--
(1) Availability and use.--The Secretaries shall
establish, and may charge a fee for, an interagency
national pass to be known as the ``America the
Beautiful--the National Parks and Federal Recreational
Lands Pass'', which shall cover the entrance fee and
standard amenity recreation fee for all Federal
recreational lands and waters for which an entrance fee
or a standard amenity recreation fee is charged.
(2) Image competition for recreation pass.--The
Secretaries shall hold an annual competition to select
the image to be used on the National Parks and Federal
Recreational Lands Pass for a year. The competition
shall be open to the public and used as a means to
educate the American people about Federal recreational
lands and waters.
(3) Notice of establishment.--The Secretaries shall
publish a notice in the Federal Register when the
National Parks and Federal Recreational Lands Pass is
first established and available for purchase.
(4) Duration.--The National Parks and Federal
Recreational Lands Pass shall be valid for a period of
12 months from the date of the issuance of the
recreation pass to a passholder, except in the case of
the age and disability discounted passes issued under
subsection (b).
(5) Price.--The Secretaries shall establish the price
at which the National Parks and Federal Recreational
Lands Pass will be sold to the public.
(6) Sales locations and marketing.--
[(A) In general.--The Secretary shall sell
the National Parks and Federal Recreational
Lands Pass at all Federal recreational lands
and waters at which an entrance fee or a
standard amenity recreation fee is charged and
at such other locations as the Secretaries
consider appropriate and feasible.]
(A) In general.--The Secretaries shall sell
the America the Beautiful--the National Parks
and Federal Recreational Lands Pass--
(i) at all Federal recreational lands
and waters at which an entrance fee or
a standard amenity recreation fee is
charged where feasible to do so;
(ii) at such other locations as the
Secretaries consider appropriate and
feasible; and
(iii) through the website of each of
the Federal land management agencies
and the websites of the relevant units
and subunits of those agencies, with--
(I) a prominent link on each
website; and
(II) information about where
and when passes are needed.
(B) Use of vendors.--The Secretary may enter
into fee management agreements as provided in
section 6.
(C) Marketing.--The Secretaries shall take
such actions as are appropriate to provide for
the active marketing of the National Parks and
Federal Recreational Lands Pass.
(7) Administrative guidelines.--The Secretaries shall
issue guidelines on administration of the National
Parks and Federal Recreational Lands Pass, which shall
include agreement on price, the distribution of
revenues between the Federal land management agencies,
the sharing of costs, benefits provided, marketing and
design, adequate documentation for discounts under
subsection (b), and the issuance of that recreation
pass to volunteers. The Secretaries shall take into
consideration all relevant visitor and sales data
available in establishing the guidelines.
(8) Development and implementation agreements.--The
Secretaries may enter into cooperative agreements with
governmental and nongovernmental entities for the
development and implementation of the National Parks
and Federal Recreational Lands Pass Program.
(9) Prohibition on other national recreation
passes.--The Secretary may not establish any national
recreation pass, except as provided in this section.
(b) Discounted Passes.--
(1) Age discount.--
(A) The Secretary shall make the National
Parks and Federal Recreational Lands Pass
available to any United States citizen or
person domiciled in the United States who is 62
years of age or older, if the citizen or person
provides adequate proof of such age and such
citizenship or residency. The National Parks
and Federal Recreational Lands Pass made
available under this paragraph shall be
available--
(i) for a period of 12 months from
the date of the issuance, at a cost of
$20; and
(ii) for the lifetime of the
passholder, at a cost equal to the cost
of the National Parks and Federal
Recreational Lands Pass purchased under
subsection (a).
(B) The Secretary shall issue a pass under
subparagraph (A)(ii), for no additional cost,
to any individual who provides evidence, under
policies and guidelines determined by the
Secretary, that the individual has purchased a
pass under subparagraph (A)(i) for each of the
4 years prior to being issued a pass under this
subparagraph.
(2) Disability discount.--The Secretary shall make
the National Parks and Federal Recreational Lands Pass
available, without charge and for the lifetime of the
passholder, to the following:
(A) Any United States citizen or person
domiciled in the United States who has been
medically determined to be permanently
disabled, within the meaning of the term
``disability'' under section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C.
12102), if the citizen or person provides
adequate proof of the disability and such
citizenship or residency.
(B) Any veteran who has been found to have a
service-connected disability under title 38,
United States Code.
(3) Gold star families parks pass.--The Secretary
shall make the National Parks and Federal Recreational
Lands Pass available, at no cost, to members of Gold
Star Families who meet the eligibility requirements of
section 3.2 of Department of Defense Instruction
1348.36 (or a successor instruction).
(c) Site-Specific Agency Passes.--The Secretary may establish
and charge a fee for a site-specific pass that will cover the
entrance fee or standard amenity recreation fee for particular
Federal recreational lands and waters for a specified period
not to exceed 12 months.
(d) Regional Multientity Passes.--
(1) Passes authorized.--The Secretary may establish
and charge a fee for a regional multientity pass that
will be accepted by one or more Federal land management
agencies or by one or more governmental or
nongovernmental entities for a specified period not to
exceed 12 months. To include a Federal land management
agency or governmental or nongovernmental entity over
which the Secretary does not have jurisdiction, the
Secretary shall obtain the consent of the head of such
agency or entity.
(2) Regional multientity pass agreement.--In order to
establish a regional multientity pass under this
subsection, the Secretary shall enter into a regional
multientity pass agreement with all the participating
agencies or entities on price, the distribution of
revenues between participating agencies or entities,
the sharing of costs, benefits provided, marketing and
design, and the issuance of the pass to volunteers. The
Secretary shall take into consideration all relevant
visitor and sales data available when entering into
this agreement.
(e) Discounted or Free Admission Days or Use.--The Secretary
may provide for a discounted or free admission day or use of
Federal recreational lands and waters.
(f) Effect on Existing Passports and Permits.--
(1) Existing passports.--A passport issued under
section 4 of the Land and Water Conservation Fund Act
of 1965 or title VI of the National Parks Omnibus
Management Act of 1998 (Public Law 105-391), such as
the Golden Eagle Passport, the Golden Age Passport, the
Golden Access Passport, and the National Parks
Passport, that was valid on the day before the
publication of the Federal Register notice required
under subsection (a)(3) shall be valid in accordance
with the terms agreed to at the time of issuance of the
passport, to the extent practicable, and remain in
effect until expired, lost, or stolen.
(2) Permits.--A permit issued under section 4 of the
Land and Water Conservation Fund Act of 1965 that was
valid on the day before the date of the enactment of
this Act shall be valid and remain in effect until
expired, revoked, or suspended.
SEC. 805A. AVAILABILITY OF FEDERAL AND STATE RECREATION PASSES.
(a) Establishment of Program.--
(1) In general.--To improve the availability of
Federal and State outdoor recreation passes, the
Secretaries are encouraged to consult with States to
coordinate the availability of Federal and State
recreation passes to allow a purchaser to buy a Federal
recreation pass and a State recreation pass in the same
transaction.
(2) Included passes.--Passes covered by the program
established under paragraph (1) include--
(A) an America the Beautiful--the National
Parks and Federal Recreational Lands Pass under
section 805; and
(B) any pass covering any fees charged by
participating States and localities for
entrance and recreational use of parks and
public land in the participating States.
(b) Agreements With States.--
(1) In general.--The Secretaries, after consultation
with the States, may enter into agreements with States
to coordinate the availability of passes as described
in subsection (a).
(2) Revenue from pass sales.--The agreements between
the Secretaries and the States shall ensure that--
(A) funds from the sale of State passes are
transferred to the appropriate State agency;
(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.
(3) Notice.--In entering into an agreement under
paragraph (1), the Secretaries shall publish in the
Federal Register a notice describing the agreement.
* * * * * * *
SEC. 808. EXPENDITURES.
(a) Use of Fees at Specific Site or Area.--Amounts available
for expenditure at a specific site or area--
(1) shall be accounted for separately from the
amounts collected;
(2) may be distributed agency-wide; and
(3) shall be used only for--
(A) repair, maintenance, and facility
enhancement related directly to visitor
enjoyment, visitor access, and health and
safety;
(B) interpretation, visitor information,
visitor service, visitor needs assessments, and
signs;
(C) habitat restoration directly related to
wildlife-dependent recreation that is limited
to hunting, fishing, wildlife observation, or
photography;
(D) law enforcement related to public use and
recreation;
(E) direct operating or capital costs
associated with the recreation fee program; and
(F) a fee management agreement established
under section [6(a)] 806(a) or a visitor
reservation service.
(b) Use of Special Recreation Permit Fee Revenue.--Revenue
from a special recreation permit fee may be used for--
(1) the purposes described in subsection (a); and
(2) expenses--
(A) associated with issuing and administering
special recreation permits; and
(B) incurred in the improvement of the
operation of the special recreation permit
system.
[(b)] (c) Limitation on Use of Fees.--The Secretary may not
use any recreation fees for biological monitoring on Federal
recreational lands and waters under the Endangered Species Act
of 1973 for listed or candidate species.
[(c)] (d) Administration, Overhead, and Indirect Costs.--The
Secretary may use not more than an average of 15 percent of
total revenues collected under this Act for administration,
overhead, and indirect costs related to the recreation fee
program by that Secretary.
[(d)] (e) Transitional Exception.--Notwithstanding any other
provision of this Act, the Secretary may use amounts available
in the special account of a Federal land management agency to
supplement administration and marketing costs associated with--
(1) the National Parks and Federal Recreational Lands
Pass during the 5-year period beginning on the date the
joint guidelines are issued under [section 5(a)(7)]
section 805(a)(7); and
(2) a regional multientity pass authorized [section
5(d)] section 805(d) during the 5-year period beginning
on the date the regional multientity pass agreement for
that recreation pass takes effect.
* * * * * * *
SEC. 810. SUNSET PROVISION.
[The authority] (a) In General._Except as provided in
subsection (b), the authority of the Secretary to carry out
this Act shall terminate September 30, 2019.
(b) Applicability.--Subsection (a) shall not apply to--
(1) section 802;
(2) subsection (d)(2) or (h) of section 803; or
(3) subsection (a), (b) or (c) of section 808.
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Supplemental, Minority, Additional, or Dissenting Views
None.
[all]