[Senate Report 117-158]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 501
117th Congress      }                              {          Report
                                 SENATE
 2d Session         }                              {          117-158

======================================================================

 
                    AMERICA'S OUTDOOR RECREATION ACT

                                _______
                                

               September 21, 2022.--Ordered to be printed

                                _______
                                

   Mr. Manchin, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 3266]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 3266), to improve recreation 
opportunities on, and facilitate greater access to, Federal 
public land, and for other purposes, having considered the 
same, reports favorably thereon with an amendment, in the 
nature of a substitute, and recommends that the bill, as 
amended, do pass.

                               Amendment

    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 ``America's Outdoor 
Recreation Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

             TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE

                    Subtitle A--Declaration of Policy

Sec. 111. Congressional declaration of policy.

 Subtitle B--Public Recreation on Federal Recreational Lands and Waters

Sec. 121. Biking on long-distance bike trails.
Sec. 122. Forest Service climbing guidance.
Sec. 123. Designated target shooting ranges.

             Subtitle C--Improving Recreation Infrastructure

Sec. 131. Broadband internet connectivity at developed recreation sites.
Sec. 132. Extension of seasonal recreation opportunities.
Sec. 133. Gateway communities.
Sec. 134. Parking opportunities for Federal recreational lands and 
          waters.
Sec. 135. Travel management.
Sec. 136. Public-private partnerships to modernize federally-owned 
          campgrounds, resorts, cabins, and visitor centers on Federal 
          recreational lands and waters.
Sec. 137. Forest Service pay-for-performance projects.

                         Subtitle D--Engagement

Sec. 141. Identifying opportunities for recreation.
Sec. 142. Federal Interagency Council on Outdoor Recreation.
Sec. 143. Informing the public of access closures.
Sec. 144. Improved recreation visitation data.
Sec. 145. Monitoring for improved recreation decisionmaking.
Sec. 146. Access for servicemembers and veterans.
Sec. 147. Increasing youth recreation visits to Federal land.

  TITLE II--AMENDMENTS TO THE FEDERAL LANDS RECREATION ENHANCEMENT ACT

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Special recreation permits and fees.
Sec. 204. Online collection of certain recreation fees.
Sec. 205. Online purchases and establishment of a digital version of 
          America the Beautiful--the National Parks and Federal 
          Recreational Lands Passes.
Sec. 206. Availability of Federal, State, and local recreation passes.
Sec. 207. Use of special recreation permit fee revenue.
Sec. 208. Permanent authorization.

    TITLE III--SPECIAL RECREATION PERMITS FOR OUTFITTING AND GUIDING

Subtitle A--Administration of Special Recreation Permits for Outfitting 
                               and Guiding

Sec. 311. Permit administration.
Sec. 312. Forest Service and Bureau of Land Management transitional 
          special recreation permits for outfitting and guiding.
Sec. 313. Surrender of unused visitor-use days.
Sec. 314. Permit reviews.
Sec. 315. Adjustment of allocated visitor-use days.

Subtitle B--Additional Provisions Relating to Special Recreation Permits

Sec. 321. Permitting process improvements.
Sec. 322. Service First Initiative and multijurisdictional trips.
Sec. 323. Permit flexibility.
Sec. 324. Liability.
Sec. 325. Cost recovery reform.
Sec. 326. Permit relief for picnic areas.
Sec. 327. Interagency report on special recreation permits for 
          underserved communities.

                           Subtitle C--Effect

Sec. 331. Effect.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Filming and still photography within the National Park System 
          and on other Federal land.
Sec. 402. Volunteer enhancement program.
Sec. 403. Cape and antler preservation enhancement.
Sec. 404. Federal land and water aquatic resource activities assistance.
Sec. 405. Amendments to the Modernizing Access to Our Public Land Act.
Sec. 406. Outdoor Recreation Legacy Partnership Program.
Sec. 407. Recreation budget crosscut.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Commercial use authorization.--The term 
        ``commercial use authorization'' means a commercial use 
        authorization to provide services to visitors to units 
        of the National Park System under subchapter II of 
        chapter 1019 of title 54, United States Code.
          (2) 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).
          (3) Federal recreational lands and waters.--The term 
        ``Federal recreational lands and waters'' has the 
        meaning given the term in section 802 of the Federal 
        Lands Recreation Enhancement Act (16 U.S.C. 6801).
          (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        5304).
          (5) Recreation service provider.--The term 
        ``recreation service provider'' has the meaning given 
        the term in section 802 of the Federal Lands Recreation 
        Enhancement Act (16 U.S.C. 6801) (as amended by section 
        202(9)).
          (6) Secretaries.--The term ``Secretaries''' means 
        each of--
                  (A) the Secretary; and
                  (B) the Secretary of Agriculture.
          (7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (8) Secretary concerned.--The term ``Secretary 
        concerned'' means--
                  (A) the Secretary, with respect to land under 
                the jurisdiction of the Secretary; or
                  (B) the Secretary of Agriculture, with 
                respect to land managed by the Forest Service.
          (9) Special recreation permit.--The term ``special 
        recreation permit'' has the meaning given the term in 
        section 802 of the Federal Lands Recreation Enhancement 
        Act (16 U.S.C. 6801) (as amended by section 202(10)).
          (10) Visitor use day.--The term ``visitor-use day'' 
        means a visitor-use day, user day, launch, or other 
        metric used by the Secretary concerned for purposes of 
        authorizing use under a special recreation permit.

             TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE

                   Subtitle A--Declaration of Policy

SEC. 111. CONGRESSIONAL DECLARATION OF POLICY.

    Congress declares that it is the policy of the Federal 
Government to foster and encourage recreation on Federal 
recreational lands and waters, to the extent consistent with 
the laws applicable to specific areas of Federal recreational 
lands and waters, including multiple-use mandates and land 
management planning requirements.

 Subtitle B--Public Recreation on Federal Recreational Lands and Waters

SEC. 121. BIKING ON LONG DISTANCE BIKE TRAILS.

    (a) Definition of Long-Distance Bike Trail.--In this 
section, the term ``long-distance bike trail'' means a 
continuous route, consisting of 1 or more trails or rights-of-
way, that--
          (1) is not less than a total of 80 miles in length on 
        Federal recreational lands and waters;
          (2) to the maximum extent practicable, makes use of 
        existing trails;
          (3) is composed generally of a consistent type of 
        trail;
          (4) may be used for mountain biking, bikepacking, 
        road biking, bicycle touring, or gravel biking; and
          (5) may include short connections by way of a road or 
        highway.
    (b) Long-Distance Bike Trails on Federal Recreational Lands 
and Waters.--
          (1) Identification of long distance bike trails.--
        Subject to paragraph (2), the Secretaries shall--
                  (A) identify not fewer than 10 long-distance 
                bike trails, consistent with management 
                requirements for the Federal recreational lands 
                and waters identified, that make use of trails 
                and roads in existence on the date of enactment 
                of this Act; and
                  (B)(i) identify not fewer than 10 areas in 
                which there is an opportunity to develop or 
                complete long-distance bike trails, consistent 
                with the management requirements for the 
                Federal recreational lands and waters 
                identified;
                  (ii) coordinate with stakeholders on the 
                feasibility of, and identifying any resources 
                necessary for, completing the development of 
                the trails identified under clause (i); and
                  (iii) incorporate existing applicable 
                research and planning decisions in carrying out 
                this section.
          (2) Conflict avoidance with other uses.--Before 
        identifying a trail or road as a long-distance bike 
        trail under paragraph (1), the Secretary concerned 
        shall ensure that the identification of the long-
        distance bike trail would not conflict with an existing 
        use of the trail or road, including horseback riding or 
        use by pack and saddle stock.
          (3) Maps, signage, and promotional materials.--For 
        any long-distance bike trail identified under paragraph 
        (1), the Secretary concerned may publish and distribute 
        maps, install signage, and issue promotional materials.
          (4) Geographic representation.--To the extent 
        practicable, the Secretary concerned shall seek to 
        identify long-distance bike trails and areas for the 
        development or completion of long-distance bike trails 
        under paragraph (1) in a geographically equitable 
        manner.
          (5) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretaries, in partnership 
        with interested organizations, shall prepare and 
        publish a report that lists the long-distance bike 
        trails identified under paragraph (1).

SEC. 122. FOREST SERVICE CLIMBING GUIDANCE.

    (a) Climbing Guidance in Wilderness.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this Act, the Secretary of 
        Agriculture shall issue guidance on climbing management 
        in designated wilderness areas on National Forest 
        System land that recognizes the appropriateness of the 
        allowable activities described in paragraph (2) in the 
        designated wilderness areas, if the allowable 
        activities are undertaken in accordance with--
                  (A) the Wilderness Act (16 U.S.C. 1131 et 
                seq.);
                  (B) other applicable laws (including 
                regulations); and
                  (C) any terms and conditions that are 
                determined to be necessary by the Secretary of 
                Agriculture.
          (2) Allowable activities.--The allowable activities 
        referred to in paragraph (1) are--
                  (A) recreational climbing;
                  (B) the placement, use, and maintenance of 
                fixed anchors; and
                  (C) the use of other equipment necessary for 
                recreational climbing.
    (b) Public Notice and Comment.--Prior to taking any 
significant management action affecting the allowable 
activities described in subsection (a)(2) on National Forest 
System land, the Secretary of Agriculture shall provide the 
public with notice and an opportunity to comment on the 
proposed action.

SEC. 123. DESIGNATED TARGET SHOOTING RANGES.

    (a) Definition of Designated Target Shooting Range.--In 
this section, the term ``designated target shooting range'' 
means a developed and managed area that is designed and 
operated by the Forest Service or the Bureau of Land Management 
specifically for the purposeful discharge of legal firearms, 
firearms training, archery, or other associated activities.
    (b) Identification of Designated Target Shooting Ranges.--
          (1) In general.--The Secretaries shall identify a 
        suitable location for, and construct, designated target 
        shooting ranges on Federal recreational lands and 
        waters administered by the Chief of the Forest Service 
        and Federal recreational lands and waters administered 
        by the Director of the Bureau of Land Management for 
        the public to use for recreational target shooting.
          (2) Minimum number of designated target shooting 
        ranges.--To the maximum extent practicable and where 
        the Secretary concerned determines that the use is 
        consistent with applicable law and the applicable land 
        use plan--
                  (A) the Secretary of Agriculture shall ensure 
                that each National Forest has not fewer than 1 
                designated target shooting range; and
                  (B) the Secretary shall ensure each Bureau of 
                Land Management district has not fewer than 1 
                designated target shooting range.
          (3) Requirements.--A designated target shooting range 
        under paragraph (1)--
                  (A)(i) shall be able to accommodate rifles, 
                pistols, and shotguns; and
                  (ii) may accommodate archery;
                  (B) shall include--
                          (i) significantly modified 
                        landscapes, including berms, buffer 
                        distances, or other public safety 
                        designs or features;
                          (ii) a designated firing line; and
                          (iii) benches; and
                  (C) may include--
                          (i) shade structures;
                          (ii) trash containers;
                          (iii) restrooms; and
                          (iv) any other features that the 
                        Secretary concerned determines to be 
                        necessary.
    (c) Requirements.--
          (1) Existing use.--The Secretaries, in cooperation 
        with the entities described in subsection (d), shall--
                  (A) consider the proximity of areas 
                frequently used by recreational shooters when 
                identifying a suitable location for a 
                designated target shooting range; and
                  (B) ensure a designated target shooting range 
                would not impact a target shooting range 
                operated or maintained by a non-Federal entity, 
                including a target shooting range located on 
                private land.
          (2) Closures.--Except in emergency situations, the 
        Secretary concerned shall seek to ensure that a 
        designated target shooting range, or an equivalent 
        shooting range adjacent to a National Forest or Bureau 
        of Land Management district, is available to the public 
        prior to closing Federal recreational lands and waters 
        administered by the Chief of the Forest Service or the 
        Director of the Bureau of Land Management to 
        recreational shooting, in accordance with section 4103 
        of the John D. Dingell, Jr. Conservation, Management, 
        and Recreation Act (16 U.S.C. 7913).
    (d) Consultations.--
          (1) In general.--In carrying out this section, the 
        Secretaries shall consult, as applicable, with--
                  (A) local and Tribal governments;
                  (B) nonprofit or nongovernmental 
                organizations, including organizations that are 
                signatories to the memorandum of understanding 
                entitled ``Federal Lands Hunting, Fishing, and 
                Shooting Sports Roundtable Memorandum of 
                Understanding'' and signed by the Forest 
                Service and the Bureau of Land Management on 
                August 17, 2006;
                  (C) State fish and wildlife agencies;
                  (D) shooting clubs;
                  (E) Federal advisory councils relating to 
                hunting and shooting sports;
                  (F) individuals or entities with authorized 
                leases or permits in an area under 
                consideration for a designated target shooting 
                range;
                  (G) State and local offices of outdoor 
                recreation; and
                  (H) the public.
          (2) Partnerships.--The Secretaries may--
                  (A) coordinate with an entity described in 
                paragraph (1) to assist with the construction, 
                operation, and maintenance of a designated 
                target shooting range; and
                  (B) explore opportunities to leverage funding 
                to maximize non-Federal investment in the 
                construction, operation, and maintenance of a 
                designated target shooting range.
          (3) Recreation and public purposes act.--The 
        Secretary concerned may consider a designated target 
        shooting range that is located on land transferred 
        pursuant to the Act of June 14, 1926 (commonly known as 
        the ``Recreation and Public Purposes Act'') (44 Stat. 
        741, chapter 578; 43 U.S.C. 869 et seq.) as a 
        designated target shooting range on Federal 
        recreational lands and waters administered by the Chief 
        of the Forest Service or the Director of the Bureau of 
        Land Management for the purposes of subsection (b)(2).
    (e) Restrictions.--
          (1) In general.--The management of a designated 
        target shooting range shall be subject to such 
        conditions as the Secretary concerned determines are 
        necessary for the safe, responsible use of--
                  (A) the designated target shooting range; and
                  (B) the adjacent resources.
          (2) Fees.--The Secretary concerned may not require a 
        user to pay a fee to use a designated target shooting 
        range established under this section.
    (f) Applicability.--
          (1) In general.--This section (including the 
        restriction under subsection (e)(2)), shall only apply 
        only to the minimum number of designated target 
        shooting ranges at each National Forest or Bureau of 
        Land Management district established under subsection 
        (b)(2).
          (2) Additional designated target shooting ranges.--In 
        the case of a National Forest or a Bureau of Land 
        Management district that has more than the minimum 
        number of designated target shooting ranges required 
        under subsection (b)(2), any designated target shooting 
        range at the National Forest or Bureau of Land 
        Management district, as applicable, that exceeds the 
        minimum number may, but is not required to, comply with 
        this section.
    (g) Annual Reports.--Not later than 1 year after the date 
of enactment of this Act and annually thereafter through fiscal 
year 2032, the Secretaries shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Natural Resources of the House of Representatives a report 
describing the progress made with respect to the implementation 
of this section.

            Subtitle C--Improving Recreation Infrastructure

SEC. 131. BROADBAND INTERNET CONNECTIVITY AT DEVELOPED RECREATION 
                    SITES.

    (a) In General.--The Secretary and the Chief of the Forest 
Service shall enter into an agreement with the Administrator of 
the Rural Utilities Service to foster the installation or 
construction of broadband internet infrastructure at developed 
recreation sites on Federal recreational lands and waters to 
establish broadband internet connectivity--
          (1) subject to the availability of appropriations; 
        and
          (2) in accordance with applicable law.
    (b) Identification.--Not later than 2 years after the date 
of enactment of this Act, and annually thereafter through 
fiscal year 2032, the Secretary and the Chief of the Forest 
Service, in coordination with States and local communities, 
shall make publicly available--
          (1) a list of the highest priority developed 
        recreation sites, as determined under subsection (c), 
        on Federal recreational lands and waters that lack 
        broadband internet; and
          (2) an estimate of the cost to equip each of those 
        sites with broadband internet infrastructure.
    (c) Priorities.--In selecting developed recreation sites 
for the list described in subsection (b)(1), the Secretary and 
the Chief of the Forest Service shall give priority to 
developed recreation sites--
          (1) at which broadband internet infrastructure has 
        not been constructed due to--
                  (A) geographic challenges; or
                  (B) the location having an insufficient 
                number of nearby permanent residents, despite 
                high seasonal or daily visitation levels; or
          (2) that are located in an economically distressed 
        county that could benefit significantly from developing 
        the outdoor recreation economy of the county.

SEC. 132. EXTENSION OF SEASONAL RECREATION OPPORTUNITIES.

    (a) Definition of Seasonal Closure.--In this section, the 
term ``seasonal closure'' means any period during which--
          (1) a unit of Federal recreational lands and waters, 
        or a portion of a unit of Federal recreational lands 
        and waters, is closed to the public for a continuous 
        period of not less than 30 days; and
          (2) permitted or allowable recreational activities, 
        which provide an economic benefit, including off-season 
        or winter-season tourism, are not taking place at--
                  (A) the unit of Federal recreational lands 
                and waters; or
                  (B) a portion of a unit of Federal 
                recreational lands and waters.
    (b) Coordination.--The Secretaries shall consult and 
coordinate with multiple outdoor recreation-related businesses 
operating on or adjacent to a unit of Federal recreational 
lands and waters, State offices of outdoor recreation, local 
destination marketing organizations, applicable trade 
organizations, nonprofit organizations, Indian Tribes, local 
governments, and institutions of higher education--
          (1) to better understand trends with respect to 
        visitors to the unit of Federal recreational lands and 
        waters;
          (2) to solicit input from, and provide information 
        for, outdoor recreation marketing campaigns; and
          (3) to better understand--
                  (A) the effect of seasonal closures of areas 
                of, or infrastructure on, units of Federal 
                recreational lands and waters on outdoor 
                recreation opportunities, adjacent businesses, 
                and local tax revenue; and
                  (B) opportunities to extend the period of 
                time during which areas of, or infrastructure 
                on, units of Federal recreational lands and 
                waters are open to the public to increase 
                outdoor recreation opportunities and associated 
                revenues for businesses and local governments.
    (c) Availability of Infrastructure.--
          (1) In general.--The Secretaries shall make efforts 
        to make infrastructure available to accommodate 
        increased visitation to units of Federal recreational 
        lands and waters during periods that are at or before 
        the beginning or at or after the end of traditional 
        seasonal closures--
                  (A) to extend the outdoor recreation season 
                and the duration of income to gateway 
                communities; and
                  (B) to provide more opportunities to visit 
                resources on units of Federal recreational 
                lands and waters to reduce crowding during peak 
                seasons.
          (2) Inclusions.--Efforts described in paragraph (1) 
        may include--
                  (A) the addition of a facility at the unit of 
                Federal recreational lands and waters; or
                  (B) the improvement of access to or on the 
                unit of Federal recreational lands and waters.
    (d) Agreements.--
          (1) In general.--The Secretaries may enter into 
        agreements with businesses, local governments, or other 
        entities to share the cost of additional expenses 
        necessary to extend the period of time during which an 
        area of, or infrastructure on, a unit of Federal 
        recreational lands and waters is made open to the 
        public.
          (2) In-kind contributions.--The Secretaries may 
        accept in-kind contributions of goods and services 
        provided by businesses, local governments, or other 
        entities for purposes of paragraph (1).

SEC. 133. GATEWAY COMMUNITIES.

    (a) Definition of Gateway Community.--In this section, the 
term ``gateway community'' means a community that serves as an 
entry point or is adjacent to a recreation destination on 
Federal recreational lands and waters or non-Federal land at 
which there is consistently high, in the determination of the 
Secretaries, seasonal or year-round visitation.
    (b) Assessment of Impacts and Needs in Gateway 
Communities.--Using existing funds available to the 
Secretaries, the Secretaries--
          (1) shall collaborate with State and local 
        governments, Indian Tribes, housing authorities, 
        applicable trade associations, nonprofit organizations, 
        and other relevant stakeholders to identify needs and 
        economic impacts in gateway communities, including--
                  (A) housing shortages;
                  (B) demands on existing municipal 
                infrastructure;
                  (C) accommodation and management of 
                sustainable visitation; and
                  (D) the expansion and diversification of 
                visitor experiences by bolstering the 
                visitation at--
                          (i) underutilized locations, as 
                        identified under section 141(c)(1)(B), 
                        on nearby Federal recreational lands 
                        and waters; or
                          (ii) lesser-known recreation sites, 
                        as identified under section 
                        144(b)(1)(B), on nearby land managed by 
                        a State agency or a local agency; and
          (2) may address a need identified under paragraph (1) 
        by--
                  (A) providing financial or technical 
                assistance to a gateway community under an 
                existing program;
                  (B) entering into a lease, right-of-way, or 
                easement, in accordance with applicable laws; 
                or
                  (C) issuing an entity referred to in 
                paragraph (1) a special use permit (other than 
                a special recreation permit), in accordance 
                with applicable laws.
    (c) Technical and Financial Assistance to Businesses.--
          (1) In general.--The Secretary of Agriculture (acting 
        through the Administrator of the Rural Business-
        Cooperative Service), in coordination with the 
        Secretary and the Secretary of Commerce, shall provide 
        to businesses in gateway communities the assistance 
        described in paragraph (2) to establish, operate, or 
        expand infrastructure to accommodate and manage 
        sustainable visitation, including hotels, campgrounds, 
        and restaurants.
          (2) Assistance.--The Secretary of Agriculture may 
        provide assistance under paragraph (1) through the use 
        of existing, or the establishment of new, entrepreneur 
        and vocational training programs, technical assistance 
        programs, low-interest business loan programs, and loan 
        guarantee programs.
    (d) Partnerships.--In carrying out this section, the 
Secretaries may, in accordance with applicable laws, enter into 
a public-private partnership, cooperative agreement, memorandum 
of understanding, or similar agreement with a gateway community 
or a business in a gateway community.

SEC. 134. PARKING OPPORTUNITIES FOR FEDERAL RECREATIONAL LANDS AND 
                    WATERS.

    (a) In General.--The Secretaries shall seek to increase 
parking opportunities for persons recreating on Federal 
recreational lands and waters--
          (1) in accordance with existing laws; and
          (2) in a manner that does not increase maintenance 
        obligations on Federal recreational lands and waters.
    (b) Authority.--To supplement the quantity of parking 
spaces available at units of Federal recreational lands and 
waters on the date of enactment of this Act, the Secretaries 
may--
          (1) enter into a public-private partnership for 
        parking opportunities on non-Federal land;
          (2) lease non-Federal land for parking opportunities; 
        or
          (3) provide alternative transportation systems for a 
        unit of Federal recreational lands and waters.

SEC. 135. TRAVEL MANAGEMENT.

    (a) Travel Management Plans.--The Secretary concerned shall 
seek to have, not later than 5 years after the date of 
enactment of this Act, in a printed and publicly available 
format that is compliant with the format for geographic 
information systems--
          (1) for each district administered by the Director of 
        the Bureau of Land Management, a ground transportation 
        linear feature; and
          (2) for each unit of the National Forest System, a 
        motor vehicle use map.
    (b) Over-Snow Vehicle-Use Maps.--The Secretary concerned 
shall seek to have, not later than 10 years after the date of 
enactment of this Act, in a printed and publicly available 
format that is compliant with the format for geographic 
information systems, an over-snow vehicle use map for each unit 
of Federal recreational lands and waters administered by the 
Chief of the Forest Service or Director of the Bureau of Land 
Management that has adequate snowfall for over-snow vehicle use 
to occur.
    (c) Out-of-Date Plans and Maps.--Not later than 20 years 
after the date on which the Secretary concerned adopted or 
reviewed, through public notice and comment, a travel 
management plan or map described in subsection (a) or (b), the 
Secretary concerned shall review, through public notice and 
comment, and update, as necessary, the applicable travel 
management plan or map.
    (d) Motorized and Nonmotorized Access.--The Secretaries 
shall seek to create additional opportunities, as appropriate, 
for motorized and nonmotorized access and experiences on 
Federal recreational lands and waters administered by the Chief 
of the Forest Service or the Director of the Bureau of Land 
Management.

SEC. 136. PUBLIC-PRIVATE PARTNERSHIPS TO MODERNIZE FEDERALLY-OWNED 
                    CAMPGROUNDS, RESORTS, CABINS, AND VISITOR CENTERS 
                    ON FEDERAL RECREATIONAL LANDS AND WATERS.

    (a) In General.--The Secretaries shall establish a pilot 
program under which the Secretary concerned may enter into an 
agreement with or issue a land use authorization to a private 
entity that provides for the private entity to make capital 
improvements (including the construction of structures and 
improvements) to, and to operate and maintain, a federally-
owned campground, resort, cabin, or visitor center in existence 
on the date of enactment of this Act on Federal recreational 
lands and waters administered by the Chief of the Forest 
Service or Director of the Bureau of Land Management, subject 
to the requirements of this section, regardless of whether the 
private entity holds, on the date of enactment of this Act, an 
authorization to be a concessionaire for the relevant 
campground, resort, cabin, or visitor center.
    (b) Minimum Number of Agreements or Land Use 
Authorizations.--Not later than 3 years after the date of 
enactment of this Act, the Secretary concerned, with the 
consent of an affected holder of an authorization to be a 
concessionaire for the campground, resort, cabin, or visitor 
center, if applicable, shall enter into at least 1 agreement or 
land use authorization under subsection (a) in--
          (1) a unit of the National Forest System in each 
        region of the National Forest System; and
          (2) Federal recreational lands and waters 
        administered by the Director of the Bureau of Land 
        Management in not fewer than 5 States in which the 
        Bureau of Land Management administers Federal 
        recreational lands and waters.
    (c) Requirements.--
          (1) Development plans.--Before entering into an 
        agreement or issuing a land use authorization under 
        subsection (a), the private entity shall submit to the 
        Secretary concerned a development plan that--
                  (A) describes investments in the campground, 
                resort, cabin, or visitor center to be made by 
                the private entity during the first 3 years of 
                the agreement or land use authorization;
                  (B) describes annual maintenance spending for 
                each year of the agreement or land use 
                authorization; and
                  (C) includes any other terms and conditions 
                determined to be necessary by the Secretary 
                concerned.
          (2) Agreements and land use authorizations.--An 
        agreement entered into or land use authorization issued 
        under subsection (a) shall--
                  (A) be for a term of not more than 30 years, 
                commensurate with the level of investment;
                  (B) require that, not later than 3 years 
                after the date on which the Secretary concerned 
                enters into an agreement or issues a land use 
                authorization, the private entity expend, or 
                place in an escrow account for expenditure, for 
                the construction or improvement of structures 
                and infrastructure relating to the operation 
                of, or access to, the applicable campground, 
                resort, cabin, or visitor center, an amount or 
                a specified percentage, as determined by the 
                Secretary concerned, of the anticipated 
                receipts for the term of the agreement or land 
                use authorization, which shall be an amount not 
                less than $2,000,000;
                  (C) require the private entity to maintain 
                the campground facility, resort, cabin, or 
                visitor center and any associated 
                infrastructure designated by the Secretary 
                concerned in a manner acceptable to the 
                Secretary concerned and the private entity;
                  (D) include any terms and conditions that the 
                Secretary concerned determines to be necessary 
                for a special use permit issued under section 7 
                of the Act of April 24, 1950 (commonly known as 
                the ``Granger-Thye Act'') (64 Stat. 84, chapter 
                97; 16 U.S.C. 580d), including the payment 
                described in subparagraph (E) or the Federal 
                Land Policy and Management Act of 1976 (43 
                U.S.C. 1701 et seq.), as applicable;
                  (E) provide for payment to the Federal 
                Government of a fee or a sharing of revenue--
                          (i) consistent with--
                                  (I) the land use fee for a 
                                special use permit authorized 
                                under section 7 of the Act of 
                                April 24, 1950 (commonly known 
                                as the ``Granger-Thye Act'') 
                                (64 Stat. 84, chapter 97; 16 
                                U.S.C. 580d); or
                                  (II) the value to the private 
                                entity of the rights provided 
                                by the agreement or land use 
                                authorization, taking into 
                                account the capital invested 
                                by, and obligations of, the 
                                private entity under the 
                                agreement or land use 
                                authorization; and
                          (ii) all or part of which may be 
                        offset by the work to be performed at 
                        the expense of the private entity that 
                        is separate from the routine costs of 
                        operating and maintaining the 
                        campground facility, resort, cabin, or 
                        visitor center and any associated 
                        infrastructure designated by the 
                        Secretary concerned, as determined to 
                        be appropriate by the Secretary 
                        concerned;
                  (F) include provisions that state--
                          (i) the private entity shall obtain 
                        no property interest pursuant to the 
                        expenditures of the private entity, as 
                        required by the agreement or land use 
                        authorization; and
                          (ii) all structures and improvements 
                        constructed by the private entity under 
                        the agreement or land use authorization 
                        on land owned by the United States 
                        shall be the property of the United 
                        States; and
                  (G) be subject to any other terms and 
                conditions determined to be necessary by the 
                Secretary concerned.
    (d) Land Use Fee Retention.--A land use fee paid or revenue 
shared with the Secretary concerned under an agreement or land 
use authorization authorized under this section shall be 
available for expenditure by the Secretary concerned for 
recreation-related purposes on the unit of Federal recreational 
lands and waters at which the land use fee or revenue is 
collected, without further appropriation.

SEC. 137. FOREST SERVICE PAY-FOR-PERFORMANCE PROJECTS.

    (a) Definitions.--In this section:
          (1) Independent evaluator.--The term ``independent 
        evaluator'' means an individual or entity, including an 
        institution of higher education, that is selected by 
        the pay-for-performance beneficiary and pay-for-
        performance investor, as applicable, or by the pay-for-
        performance project developer, in consultation with the 
        Secretary of Agriculture, to make the determinations 
        and prepare the reports required under subsection (e).
          (2) National forest system land.--The term ``National 
        Forest System land'' means land in the National Forest 
        System (as defined in section 11(a) of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1609(a))).
          (3) Pay-for-performance agreement.--The term ``pay-
        for-performance agreement'' means a mutual benefit 
        agreement (excluding a procurement contract, grant 
        agreement, or cooperative agreement described in 
        chapter 63 of title 31, United States Code) for a pay-
        for-performance project--
                  (A) with a term of--
                          (i) not less than 1 year; and
                          (ii) not more than 20 years; and
                  (B) that is executed, in accordance with 
                applicable law, by--
                          (i) the Secretary of Agriculture; and
                          (ii) a pay-for-performance 
                        beneficiary or pay-for-performance 
                        project developer.
          (4) Pay-for-performance beneficiary.--The term ``pay-
        for-performance beneficiary'' means a State or local 
        government, an Indian Tribe, or a nonprofit or for-
        profit organization that--
                  (A) repays capital loaned upfront by a pay-
                for-performance investor, based on a project 
                outcome specified in a pay-for-performance 
                agreement; or
                  (B) provides capital directly for costs 
                associated with a pay-for-performance project.
          (5) Pay-for-performance investor.--The term ``pay-
        for-performance investor'' means a State or local 
        government, an Indian Tribe, or a nonprofit or for-
        profit organization that provides upfront loaned 
        capital for a pay-for-performance project with the 
        expectation of a financial return dependent on a 
        project outcome.
          (6) Pay-for-performance project.--The term ``pay-for-
        performance project'' means a project that--
                  (A) would provide or enhance a recreational 
                opportunity;
                  (B) is conducted on--
                          (i) National Forest System land; or
                          (ii) other land, if the activities 
                        would benefit National Forest System 
                        land (including a recreational use of 
                        National Forest System land); and
                  (C) would use an innovative funding or 
                financing model that leverages--
                          (i) loaned capital from a pay-for-
                        performance investor to cover upfront 
                        costs associated with a pay-for-
                        performance project, with the loaned 
                        capital repaid by a pay-for-performance 
                        beneficiary at a rate of return 
                        dependent on a project outcome, as 
                        measured by an independent evaluator; 
                        or
                          (ii) capital directly from a pay-for-
                        performance beneficiary to support 
                        costs associated with a pay-for-
                        performance project in an amount based 
                        on an anticipated project outcome.
          (7) Pay-for-performance project developer.--The term 
        ``pay-for-performance project developer'' means a 
        nonprofit or for-profit organization that serves as an 
        intermediary to assist in developing or implementing a 
        pay-for-performance agreement or a pay-for-performance 
        project.
          (8) Project outcome.--The term ``project outcome'' 
        means a measurable, beneficial result (whether 
        economic, environmental, or social) that is 
        attributable to a pay-for-performance project and 
        described in a pay-for-performance agreement.
    (b) Establishment of Pilot Program.--The Secretary of 
Agriculture shall establish a pilot program in accordance with 
this section to carry out 1 or more pay-for-performance 
projects.
    (c) Pay-for-performance Projects.--
          (1) In general.--Using funds made available through a 
        pay-for-performance agreement or appropriations, all or 
        any portion of a pay-for-performance project may be 
        implemented by--
                  (A) the Secretary of Agriculture; or
                  (B) a pay-for-performance project developer 
                or a third party, subject to the conditions 
                that--
                          (i) the Secretary of Agriculture 
                        shall approve the implementation by the 
                        pay-for-performance project developer 
                        or third party; and
                          (ii) the implementation is in 
                        accordance with applicable law.
          (2) Relation to land management plans.--A pay-for-
        performance project carried out under this section 
        shall be consistent with any applicable land management 
        plan developed under section 6 of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1604).
          (3) Ownership.--
                  (A) New improvements.--The United States 
                shall have title to any improvements installed 
                on National Forest System land as part of a 
                pay-for-performance project.
                  (B) Existing improvements.--Investing in, 
                conducting, or completing a pay-for-performance 
                project on National Forest System land shall 
                not affect the title of the United States to--
                          (i) any federally owned improvements 
                        involved in the pay-for-performance 
                        project; or
                          (ii) the underlying land.
          (4) Savings clause.--The carrying out of any action 
        for a pay-for-performance project does not provide any 
        right to any party to a pay-for-performance agreement.
          (5) Potential conflicts.--Before approving a pay-for-
        performance project under this section, the Secretary 
        of Agriculture shall consider and seek to avoid 
        potential conflicts (including economic competition) 
        with any existing written authorized use.
    (d) Project Agreements.--
          (1) In general.--Notwithstanding the Act of June 30, 
        1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498), or 
        subtitle C of title XX of the Social Security Act (42 
        U.S.C. 1397n et seq.), in carrying out the pilot 
        program under this section, the Secretary of 
        Agriculture may enter into a pay-for-performance 
        agreement under which a pay-for-performance 
        beneficiary, pay-for-performance investor, or pay-for-
        performance project developer agrees to pay for or 
        finance all or part of a pay-for-performance project.
          (2) Size limitation.--The Secretary of Agriculture 
        may not enter into a pay-for-performance agreement 
        under the pilot program under this section for a pay-
        for-performance project valued at more than 
        $15,000,000.
          (3) Financing.--
                  (A) In general.--A pay-for-performance 
                agreement shall specify the amounts that a pay-
                for-performance beneficiary or a pay-for-
                performance project developer agrees to pay to 
                a pay-for-performance investor or a pay-for-
                performance project developer, as appropriate, 
                in the event of an independent evaluator 
                determining pursuant to subsection (e) the 
                degree to which a project outcome has been 
                achieved.
                  (B) Eligible payments.--An amount described 
                in subparagraph (A) shall be--
                          (i) based on--
                                  (I) the respective 
                                contributions of the parties 
                                under the pay-for-performance 
                                agreement; and
                                  (II) the economic, 
                                environmental, or social 
                                benefits derived from the 
                                project outcomes; and
                          (ii)(I) a percentage of the estimated 
                        value of a project outcome;
                          (II) a percentage of the estimated 
                        cost savings to the pay-for-performance 
                        beneficiary or the Secretary of 
                        Agriculture derived from a project 
                        outcome;
                          (III) a percentage of the enhanced 
                        revenue to the pay-for-performance 
                        beneficiary or the Secretary of 
                        Agriculture derived from a project 
                        outcome; or
                          (IV) a percentage of the cost of the 
                        pay-for-performance project.
                  (C) Forest service financial assistance.--
                Subject to the availability of appropriations, 
                the Secretary of Agriculture may only 
                contribute funding for a pay-for-performance 
                project if--
                          (i) the Secretary of Agriculture 
                        demonstrates that--
                                  (I) the pay-for-performance 
                                project will provide a cost 
                                savings to the United States; 
                                or
                                  (II) the funding would 
                                accelerate the pace of 
                                implementation of an activity 
                                previously planned to be 
                                completed by the Secretary of 
                                Agriculture; and
                          (ii) the contribution of the 
                        Secretary of Agriculture has a value 
                        that is not more than 50 percent of the 
                        total cost of the pay-for-performance 
                        project.
                  (D) Special account.--Any funds received by 
                the Secretary of Agriculture under subsection 
                (c)(1) shall be--
                          (i) retained in a separate fund in 
                        the Treasury to be used solely for pay-
                        for-performance projects; and
                          (ii) shall be remain available until 
                        expended and without further 
                        appropriation.
          (4) Maintenance and decommissioning of pay-for-
        performance project improvements.--A pay-for-
        performance agreement shall--
                  (A) include a plan for maintaining any 
                capital improvement constructed as part of a 
                pay-for-performance project after the date on 
                which the pay-for-performance project is 
                completed; and
                  (B) specify the party that will be 
                responsible for decommissioning the 
                improvements associated with the pay-for-
                performance project--
                          (i) at the end of the useful life of 
                        the improvements;
                          (ii) if the improvements no longer 
                        serve the purpose for which the 
                        improvements were developed; or
                          (iii) if the pay-for-performance 
                        project fails.
          (5) Termination of pay-for-performance project 
        agreements.--The Secretary of Agriculture may 
        unilaterally terminate a pay-for-performance agreement, 
        in whole or in part, for any program year beginning 
        after the program year during which the Secretary of 
        Agriculture provides to each party to the pay-for-
        performance agreement a notice of the termination.
    (e) Independent Evaluations.--
          (1) Progress reports.--An independent evaluator shall 
        submit to the Secretary of Agriculture and each party 
        to the applicable pay-for-performance agreement--
                  (A) by not later than 2 years after the date 
                on which the pay-for-performance agreement is 
                executed, and at least once every 2 years 
                thereafter, a written report that summarizes 
                the progress that has been made in achieving 
                each project outcome; and
                  (B) before the first scheduled date for a 
                payment described in subsection (d)(3)(A), and 
                each subsequent date for payment, a written 
                report that--
                          (i) summarizes the results of the 
                        evaluation conducted by the independent 
                        evaluator to determine whether a 
                        payment should be made pursuant to the 
                        pay-for-performance agreement; and
                          (ii) analyzes the reasons why a 
                        project outcome was achieved or was not 
                        achieved.
          (2) Final reports.--Not later than 180 days after the 
        date on which a pay-for-performance project is 
        completed, the independent evaluator shall submit to 
        the Secretary of Agriculture and each party to the pay-
        for-performance agreement a written report that 
        includes, with respect to the period covered by the 
        report--
                  (A) an evaluation of the effects of the pay-
                for-performance project with respect to each 
                project outcome;
                  (B) a determination of whether the pay-for-
                performance project has met each project 
                outcome; and
                  (C) the amount of the payments made for the 
                pay-for-performance project pursuant to 
                subsection (d)(3)(A).
    (f) Additional Forest Service-Provided Assistance.--
          (1) Technical assistance.--The Secretary of 
        Agriculture may provide technical assistance to 
        facilitate pay-for-performance project development, 
        such as planning, permitting, site preparation, and 
        design work.
          (2) Consultants.--Subject to the availability of 
        appropriations, the Secretary of Agriculture may hire a 
        contractor--
                  (A) to conduct a feasibility analysis of a 
                proposed pay-for-performance project;
                  (B) to assist in the development, 
                implementation, or evaluation of a proposed 
                pay-for-performance project or a pay-for-
                performance agreement; or
                  (C) to assist with an environmental analysis 
                of a proposed pay-for-performance project.
    (g) Savings Clause.--The Secretary of Agriculture shall 
approve a record of decision, decision notice, or decision memo 
for any activities to be carried out on National Forest System 
land as part of a pay-for-performance project before the 
Secretary of Agriculture may enter into a pay-for-performance 
agreement involving the applicable pay-for-performance project.
    (h) Duration of Pilot Program.--
          (1) Sunset.--The authority to enter into a pay-for-
        performance agreement under this section terminates on 
        September 30, 2032.
          (2) Savings clause.--Nothing in paragraph (1) affects 
        any pay-for-performance project agreement entered into 
        by the Secretary of Agriculture under this section 
        before the date described in that paragraph.

                         Subtitle D--Engagement

SEC. 141. IDENTIFYING OPPORTUNITIES FOR RECREATION.

    (a) Definition of Land Use Plan.--In this section, the term 
``land use plan'' means--
          (1) a land use plan prepared by the Secretary 
        pursuant to section 202 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1712); and
          (2) a land management plan prepared by the Forest 
        Service for a unit of the National Forest Service 
        pursuant to section 6 of the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1604).
    (b) Inventory and Assessments.--
          (1) In general.--The Secretaries shall--
                  (A) conduct a single inventory and assessment 
                of recreation resources for Federal 
                recreational lands and waters; and
                  (B) publish the inventory and assessment 
                conducted under subparagraph (A) for public 
                comment.
          (2) Unique recreation values.--An inventory and 
        assessment conducted under paragraph (1) shall 
        recognize--
                  (A) any unique recreation values and 
                recreation opportunities; and
                  (B) areas of concentrated recreational use.
          (3) Inventory.--The inventory conducted under 
        paragraph (1) shall--
                  (A) identify, list, and map recreation 
                resources by--
                          (i) type of recreation opportunity 
                        and type of natural or artificial 
                        recreation infrastructure;
                          (ii) to the extent available, the 
                        level of use of the recreation resource 
                        as of the date of the inventory; and
                          (iii) location; and
                  (B) identify, to the extent practicable, any 
                trend relating to recreation opportunities or 
                use at a recreation resource identified under 
                subparagraph (A).
          (4) Assessments.--For any recreation resource 
        inventoried under paragraph (1), the Secretary 
        concerned shall assess--
                  (A) the level of demand for the recreation 
                resource;
                  (B) the maintenance needs of, and expenses 
                necessary to administer, the recreation 
                resource;
                  (C) the benefits of current and projected 
                future recreation use, including to the local 
                economy;
                  (D) the capacity of the recreation resource 
                to meet the demand described in subparagraph 
                (A), including the relationship of current and 
                projected future recreation use on--
                          (i) natural, cultural, and other 
                        resources;
                          (ii) other authorized uses and 
                        activities on the Federal recreational 
                        lands and waters subject to the 
                        applicable land use plan; and
                          (iii) existing infrastructure;
                  (E) the suitability for developing, 
                expanding, or enhancing the recreation 
                resource;
                  (F) technological developments and innovation 
                that affects recreation use; and
                  (G) the adequacy of the current management of 
                the recreation resource.
    (c) Future Recreation Needs and Management.--
          (1) Future needs.--Based on the inventory and 
        assessment conducted under subsection (b)(1), the 
        Secretary concerned shall--
                  (A) estimate future recreation needs through 
                a collaborative process;
                  (B) identify underutilized locations that are 
                suitable for developing, expanding, or 
                enhancing recreation use; and
                  (C) select additional high-value recreation 
                resources at which to encourage recreation use, 
                consistent with the applicable land use plan.
          (2) Considerations.--In selecting a high-value 
        recreation resource under paragraph (1)(C), the 
        Secretary concerned shall consider the following:
                  (A) The future recreation needs estimated 
                under paragraph (1)(A).
                  (B) The maintenance needs of, and the 
                expenses necessary to administer, the high-
                value recreation resource.
                  (C) The presence of partner organizations 
                prepared to assist in the stewardship of 
                recreation resource.
                  (D) The benefits of recreation use, including 
                benefits to the local economy.
                  (E) The impacts of recreation use on--
                          (i) natural, cultural, or other 
                        resources;
                          (ii) other authorized uses and 
                        activities on the Federal recreational 
                        lands and waters subject to any 
                        applicable land use plan; and
                          (iii) adjacent landowners.
          (3) Management.--The Secretary concerned shall--
                  (A) seek input from the public, including 
                adjacent landowners and individuals or entities 
                with existing land use authorizations, with 
                respect to the management of any high-value 
                recreation resource identified under paragraph 
                (1)(C);
                  (B) maintain or enhance the recreation values 
                and encourage recreation use of the high-value 
                recreation resource identified, subject to the 
                availability of appropriations and consistent 
                with any applicable multiple-use mandates; and
                  (C) manage a high-value recreation resource 
                under this paragraph in a manner that is 
                consistent with applicable law.
    (d) Existing Efforts.--To the extent practicable, the 
Secretary concerned shall utilize or incorporate existing 
applicable research and planning decisions and processes in 
carrying out this section.
    (e) Conforming Amendments.--Section 200103 of title 54, 
United States Code, is amended--
          (1) by striking subsection (d); and
          (2) by redesignating subsections (e), (f), (g), (h), 
        and (i) as subsections (d), (e), (f), (g), and (h), 
        respectively.

SEC. 142. FEDERAL INTERAGENCY COUNCIL ON OUTDOOR RECREATION.

    (a) In General.--Section 200104 of title 54, United States 
Code, is amended to read as follows:

``200104. Federal Interagency Council on Outdoor Recreation

    ``(a) Definitions.--In this section:
          ``(1) Council.--The term `Council' means the Federal 
        Interagency Council on Outdoor Recreation established 
        under subsection (b).
          ``(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).
    ``(b) Establishment.--The Secretary shall establish an 
interagency council, to be known as the `Federal Interagency 
Council on Outdoor Recreation'.
    ``(c) Membership.--
          ``(1) In general.--The Council shall be composed of 
        members, to be appointed by the Secretary, who have 
        administrative responsibility over outdoor recreation 
        activities or resources, from the following:
                  ``(A) The National Park Service.
                  ``(B) The Bureau of Land Management.
                  ``(C) The United States Fish and Wildlife 
                Service.
                  ``(D) The Forest Service.
                  ``(E) The Corps of Engineers.
                  ``(F) The Council on Environmental Quality.
          ``(2) Additional members.--In addition to the members 
        described in paragraph (1), the Secretary may appoint 
        to the Council members from the following:
                  ``(A) The Bureau of Indian Affairs.
                  ``(B) The Bureau of Reclamation.
                  ``(C) The Natural Resources Conservation 
                Service.
                  ``(D) Rural development programs of the 
                Department of Agriculture.
                  ``(E) The Economic Development 
                Administration.
                  ``(F) The National Travel and Tourism Office 
                of the Department of Commerce.
                  ``(G) The National Center for Chronic Disease 
                Prevention and Health Promotion.
                  ``(H) The Environmental Protection Agency.
                  ``(I) The Department of Transportation.
                  ``(J) The Tennessee Valley Authority.
                  ``(K) The National Oceanic and Atmospheric 
                Administration.
                  ``(L) The Federal Energy Regulatory 
                Commission.
                  ``(M) An applicable State agency or office.
                  ``(N) An applicable agency or office of a 
                local government.
          ``(3) State coordination.--In appointing members to 
        the Council under this subsection, the Secretary shall 
        seek to ensure not fewer than 1 State is a member of 
        the Council.
    ``(d) Coordination.--The Council shall meet as frequently 
as appropriate for the purposes of coordinating--
          ``(1) implementation of the America's Outdoor 
        Recreation Act of 2022, including carrying out any 
        reports required under that Act or an amendment made by 
        that Act;
          ``(2) recreation management policies across Federal 
        agencies, including implementation of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6801 et seq.);
          ``(3) the response by an agency that manages Federal 
        recreational lands and waters to public health 
        emergencies or other emergencies that result in 
        disruptions to, or closures of, Federal recreational 
        lands and waters;
          ``(4) the expenditure of funds relating to outdoor 
        recreation on Federal recreational lands and waters, 
        including funds made available under section 
        40804(b)(7) of the Infrastructure Investment and Jobs 
        Act (16 U.S.C. 6592a(b)(7));
          ``(5) the adoption and expansion of emerging 
        technologies on Federal recreational lands and waters;
          ``(6) research activities, including quantifying the 
        economic impacts of recreation;
          ``(7) dissemination to the public of recreation-
        related information (including information relating to 
        opportunities, reservations, accessibility, and 
        closures), in a manner that ensures the recreation-
        related information is easily accessible with modern 
        communication devices;
          ``(8) the improvement of access to Federal 
        recreational lands and waters; and
          ``(9) the identification and engagement of partners 
        outside the Federal Government--
                  ``(A) to promote outdoor recreation;
                  ``(B) to facilitate collaborative management 
                of outdoor recreation; and
                  ``(C) to provide additional resources 
                relating to enhancing outdoor recreation 
                opportunities.
    ``(e) Effect.--Nothing in this section affects the 
authorities, regulations, or policies of any Federal agency 
described in paragraph (1) or (2) of subsection (c).''.
    (b) Clerical Amendment.--The table of sections for chapter 
2001 of title 54, United States Code, is amended by striking 
the item relating to section 200104 and inserting the 
following:
    ``200104. Federal Interagency Council on Outdoor 
Recreation.''.

SEC. 143. INFORMING THE PUBLIC OF ACCESS CLOSURES.

    (a) In General.--The Secretaries shall, to the extent 
practicable and in a timely fashion, alert the public to any 
closure or disruption to public campsites, trails, roads, and 
other public areas and access points under the jurisdiction of 
the applicable Secretary.
    (b) Online Alert.--An alert under subsection (a) shall be 
posted online on a public website of the appropriate land unit 
in a manner that--
          (1) ensures that the public can easily find the alert 
        in searching for the applicable campsite, trail, road, 
        or other access point; and
          (2) consolidates all alerts under subsection (a).

SEC. 144. IMPROVED RECREATION VISITATION DATA.

    (a) Consistent Visitation Data.--
          (1) Annual visitation data.--The Secretaries shall 
        establish a single visitation data reporting system to 
        report accurate annual visitation data, in a consistent 
        manner, for--
                  (A) each unit of Federal recreational lands 
                and waters; and
                  (B) land held in trust for an Indian Tribe, 
                on request of the Indian Tribe.
          (2) Categories of use.--Within the visitation data 
        reporting system established under paragraph (1), 
        Secretaries shall--
                  (A) establish multiple categories of 
                different recreation activities that are 
                reported consistently across agencies; and
                  (B) provide an estimate of the number of 
                visitors for each applicable category 
                established under subparagraph (A) for each 
                unit of Federal recreational lands and waters.
    (b) Real-Time Data Pilot Program.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of this Act, using existing funds 
        available to the Secretaries, the Secretaries shall 
        carry out a pilot program, to be known as the ``Real-
        time Data Pilot Program'' (referred to in this section 
        as the ``Pilot Program''), to make available to the 
        public, for each unit of Federal recreational lands and 
        waters selected for participation in the Pilot Program 
        under paragraph (2)--
                  (A) real-time or predictive data on 
                visitation (including data and resources 
                publicly available from existing 
                nongovernmental platform) at--
                          (i) the unit of Federal recreational 
                        lands and waters;
                          (ii) to the extent practicable, areas 
                        within the unit of Federal recreational 
                        lands and waters; and
                          (iii) to the extent practicable, 
                        recreation sites managed by any other 
                        Federal agency, a State agency, or a 
                        local agency that are located near the 
                        unit of Federal recreational lands and 
                        waters; and
                  (B) through multiple media platforms, 
                information about lesser-known recreation sites 
                located near the unit of Federal recreational 
                lands and waters (including recreation sites 
                managed by any other Federal agency, a State 
                agency, or a local agency), in an effort to 
                encourage visitation among recreational sites.
          (2) Locations.--
                  (A) Initial number of units.--On 
                establishment of the Pilot Program, the 
                Secretaries shall select for participation in 
                the Pilot Program--
                          (i) 15 units of Federal recreational 
                        lands and waters managed by the 
                        Secretary; and
                          (ii) 5 units of Federal recreational 
                        lands and waters managed by the 
                        Secretary of Agriculture (acting 
                        through the Chief of the Forest 
                        Service).
                  (B) Expansion.--Not later than 5 years after 
                the date of enactment of this Act, the 
                Secretaries shall expand the Pilot Program by 
                selecting 80 additional units of Federal 
                recreational lands and waters managed by the 
                Secretaries for participation in the Pilot 
                Program, not fewer than 50 of which shall be 
                units managed by the Secretary.
                  (C) Feedback; support of gateway 
                communities.--The Secretaries shall--
                          (i) solicit feedback regarding 
                        participation in the Pilot Program from 
                        communities adjacent to units of 
                        Federal recreational lands and waters 
                        and the public; and
                          (ii) in carrying out subparagraphs 
                        (A) and (B), select a unit of Federal 
                        recreation lands and waters to 
                        participate in the Pilot Program only 
                        if the community adjacent to the unit 
                        of Federal recreational lands and 
                        waters is supportive of the 
                        participation of the unit of Federal 
                        recreational lands and waters in the 
                        Pilot Program.
          (3) Dissemination of information.--The Secretaries 
        may disseminate the information described in paragraph 
        (1) directly or through an entity or organization 
        referred to in subsection (c).
    (c) Community Partners and Third-Party Providers.--For 
purposes of carrying out this section, the Secretary concerned 
may--
          (1) coordinate and partner with--
                  (A) communities adjacent to units of Federal 
                recreational lands and waters;
                  (B) State and local outdoor recreation and 
                tourism offices;
                  (C) local governments;
                  (D) Indian Tribes;
                  (E) trade associations;
                  (F) local outdoor recreation marketing 
                organizations;
                  (G) permitted facilitated recreation 
                providers; or
                  (H) other relevant stakeholders; and
          (2) coordinate or enter into agreements, as 
        appropriate, with private sector and nonprofit 
        partners, including--
                  (A) technology companies;
                  (B) geospatial data companies;
                  (C) experts in data science, analytics, and 
                operations research; or
                  (D) data companies.
    (d) Existing Programs.--The Secretaries may use existing 
programs or products of the Secretaries to carry out this 
section.
    (e) Privacy Clauses.--Nothing in this section provides 
authority to the Secretaries--
          (1) to monitor or record the movements of a visitor 
        to a unit of Federal recreational lands and waters;
          (2) to restrict, interfere with, or monitor a private 
        communication of a visitor to a unit of Federal 
        recreational lands and waters; or
          (3) to collect--
                  (A) information from owners of land adjacent 
                to a unit of Federal recreational lands and 
                waters; or
                  (B) information on non-Federal land.
    (f) Reports.--Not later than January 1, 2024, and annually 
thereafter, the Secretaries shall publish on a website of the 
Secretaries a report that describes the annual visitation of 
each unit of Federal recreational lands and waters, including, 
to the maximum extent practicable, visitation categorized by 
recreational activity.

SEC. 145. MONITORING FOR IMPROVED RECREATION DECISIONMAKING.

    (a) In General.--The Secretaries shall seek to capture 
comprehensive recreation use data to better understand and 
inform decisionmaking by the Secretaries.
    (b) Pilot Protocols.--Not later than 1 year after the date 
of enactment of this Act, and after public notice and comment, 
the Secretaries shall establish pilot protocols at not fewer 
than 10 land management units under the jurisdiction of each of 
the Secretaries to model recreation use patterns (including 
low-use recreation activities and dispersed recreation 
activities) that may not be effectively measured by existing 
general and opportunistic survey and monitoring protocols.

SEC. 146. ACCESS FOR SERVICEMEMBERS AND VETERANS.

    The Secretaries are encouraged to work with the Secretary 
of Defense and the Secretary of Veterans Affairs to ensure 
servicemembers and veterans have access to outdoor recreation 
and outdoor-related volunteer and wellness programs as a part 
of the basic services provided to servicemembers and veterans.

SEC. 147. INCREASING YOUTH RECREATION VISITS TO FEDERAL LAND.

    (a) Strategy.--Not later than 1 year after the date of 
enactment of this Act, and not less frequently than once every 
5 years thereafter, the Secretaries shall develop and make 
public a national strategy, after public notice and comment, to 
increase the number of youth recreation visits to Federal land.
    (b) Requirements.--A strategy developed under subsection 
(a)--
          (1) shall--
                  (A) emphasize increased recreation 
                opportunities on Federal land for underserved 
                youth;
                  (B) establish objectives and quantifiable 
                targets for increasing youth recreation visits; 
                and
                  (C) provide the anticipated costs to achieve 
                the objectives and meet the targets established 
                under subparagraph (B); and
          (2) shall not establish any preference between 
        similar recreation facilitated by noncommercial or 
        commercial entities.
    (c) Agreements.--The Secretaries may enter into contracts 
or cost-share agreements (including contracts or agreements for 
the acquisition of vehicles) to carry out this section.

  TITLE II--AMENDMENTS TO THE FEDERAL LANDS RECREATION ENHANCEMENT ACT

SEC. 201. SHORT TITLE.

    The Federal Lands Recreation Enhancement Act (16 U.S.C. 
6801 et seq.) is amended by striking section 801 and inserting 
the following:

``SEC. 801. SHORT TITLE.

    ``This title may be cited as the `Federal Lands Recreation 
Enhancement Act'.''.

SEC. 202. DEFINITIONS.

    Section 802 of the Federal Lands Recreation Enhancement Act 
(16 U.S.C. 6801) is amended--
          (1) in the matter preceding paragraph (1), by 
        striking ``this Act'' and inserting ``this title'';
          (2) in paragraph (1), by striking ``section 3(f)'' 
        and inserting ``section 803(f)'';
          (3) in paragraph (2), by striking ``section 3(g)'' 
        and inserting ``section 803(g)'';
          (4) in paragraph (6), by striking ``section 5(a)(7)'' 
        and inserting ``section 805(a)(7)'';
          (5) in paragraph (9), by striking ``section 5(d)'' 
        and inserting ``section 805(d)'';
          (6) in paragraph (12), by striking ``section 7'' and 
        inserting ``section 807'';
          (7) in paragraph (13), by striking ``section 3(h)'' 
        and inserting ``section 803(h)(2)'';
          (8) by redesignating paragraphs (1), (3), (4), (5), 
        (6), (7), (8), (9), (10), (11), and (13) as paragraphs 
        (15), (1), (3), (4), (5), (6), (7), (8), (11), (10), 
        and (14), respectively, and moving the paragraphs so as 
        to appear in numerical order;
          (9) by inserting after paragraph (8) (as so 
        redesignated) the following:
          ``(9) Recreation service provider.--The term 
        `recreation service provider' means a person that 
        provides recreational services to the public under a 
        special recreation permit under clause (iii) or (iv) of 
        paragraph (13)(A).''; and
          (10) by inserting after paragraph (12) the following:
          ``(13) Special recreation permit.--
                  ``(A) In general.--The term `special 
                recreation permit' means a permit issued by a 
                Federal land management agency for the use of 
                Federal recreational lands and waters--
                          ``(i) for a specialized recreational 
                        use not described in clause (ii), 
                        (iii), or (iv), such as--
                                  ``(I) an organizational camp;
                                  ``(II) a single event that 
                                does not require an entry or 
                                participation fee that is not 
                                strictly a sharing of expenses 
                                for the purposes of the event; 
                                and
                                  ``(III) participation by the 
                                public in a recreation activity 
                                or recreation use of a specific 
                                area of Federal recreational 
                                lands and waters in which use 
                                by the public is allocated;
                          ``(ii) for a large group activity or 
                        event for not fewer than 75 
                        participants;
                          ``(iii) for--
                                  ``(I) at the discretion of 
                                the Secretary, a single 
                                organized group recreation 
                                activity or event (including an 
                                activity or event in which 
                                motorized recreational vehicles 
                                are used or in which outfitting 
                                and guiding services are used) 
                                that--
                                         ``(aa) is a structured 
                                        or scheduled event;
                                         ``(bb) is not 
                                        competitive and is for 
                                        fewer than 75 
                                        participants;
                                         ``(cc) may charge an 
                                        entry or participation 
                                        fee;
                                         ``(dd) involves fewer 
                                        than 200 visitor-use 
                                        days; and
                                         ``(ee) is undertaken 
                                        or provided by the 
                                        recreation service 
                                        provider at the same 
                                        site not more 
                                        frequently than 3 times 
                                        a year; or
                                  ``(II) a single competitive 
                                event; or
                          ``(iv) for--
                                  ``(I) a recurring outfitting, 
                                guiding, or, at the discretion 
                                of the Secretary, other 
                                recreation service, the 
                                authorization for which is for 
                                a term of not more than 10 
                                years; or
                                  ``(II) a recurring 
                                outfitting, guiding, or, at the 
                                discretion of the Secretary, 
                                other recreation service, that 
                                occurs under a transitional 
                                special recreation permit 
                                authorized section 312(a) of 
                                the America's Outdoor 
                                Recreation Act of 2022.
                  ``(B) Exclusions.--The term `special 
                recreation permit' does not include--
                          ``(i) a concession contract for the 
                        provision of accommodations, 
                        facilities, or services;
                          ``(ii) a commercial use authorization 
                        issued under section 101925 of title 
                        54, United States Code; or
                          ``(iii) any other type of permit, 
                        including a special use permit 
                        administered by the National Park 
                        Service.''.

SEC. 203. SPECIAL RECREATION PERMITS AND FEES.

    (a) In General.--Section 803 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6802) is amended--
          (1) by striking ``this Act'' each place it appears 
        and inserting ``this title'';
          (2) in subsection (b)(5), by striking ``section 
        4(d)'' and inserting ``section 804(d)''; and
          (3) by striking subsection (h) and inserting the 
        following:
    ``(h) Special Recreation Permits and Fees.--
          ``(1) Special recreation permits.--
                  ``(A) Applications.--The Secretary shall 
                develop and make available to the public an 
                application to obtain a special recreation 
                permit described in clause (ii), (iii), or (iv) 
                of section 802(13)(A).
                  ``(B) Issuance of permits.--On review of a 
                completed application developed under 
                subparagraph (A) and a determination by the 
                Secretary that the applicant is eligible for 
                the special recreation permit, the Secretary 
                may issue to the applicant a special recreation 
                permit, subject to any terms and conditions 
                that are determined to be necessary by the 
                Secretary.
                  ``(C) Incidental sales.--A special recreation 
                permit issued under this paragraph may include 
                an authorization for sales that are incidental 
                in nature to the permitted use of the Federal 
                recreational lands and waters.
          ``(2) Special recreation permit fees.--
                  ``(A) In general.--The Secretary may charge a 
                special recreation permit fee for the issuance 
                of a special recreation permit issued under 
                paragraph (1) in accordance with this 
                paragraph.
                  ``(B) Predetermined special recreation permit 
                fees.--
                          ``(i) In general.--For purposes of 
                        subparagraphs (D) and (E), the 
                        Secretary shall establish and charge a 
                        predetermined fee, described in clause 
                        (ii), for a special recreation permit 
                        described in clause (iii) or (iv) of 
                        section 802(13)(A) for a specific type 
                        of use on a unit of Federal 
                        recreational lands and waters, 
                        consistent with the criteria set forth 
                        in clause (iii).
                          ``(ii) Type of fee.--A predetermined 
                        fee described in clause (i) shall be--
                                  ``(I) a fixed fee that is 
                                assessed per special recreation 
                                permit, including a fee with an 
                                associated size limitation or 
                                other criteria as determined to 
                                be appropriate by the 
                                Secretary; or
                                  ``(II) an amount assessed per 
                                visitor-use day.
                          ``(iii) Criteria.--A predetermined 
                        fee under clause (i) shall--
                                  ``(I) have been established 
                                before the date of enactment of 
                                the America's Outdoor 
                                Recreation Act of 2022;
                                  ``(II) be established after 
                                the date of enactment of the 
                                America's Outdoor Recreation 
                                Act of 2022, in accordance with 
                                subsection (b);
                                  ``(III)(aa) be established 
                                after the date of enactment of 
                                the America's Outdoor 
                                Recreation Act of 2022; and
                                  ``(bb) be comparable to an 
                                amount described in 
                                subparagraph (D)(ii) or E(ii), 
                                as applicable; or
                                  ``(IV) beginning on the date 
                                that is 2 years after the date 
                                of enactment of the America's 
                                Outdoor Recreation Act of 2022, 
                                be $6 in instances in which the 
                                Secretary has not established a 
                                predetermined fee under 
                                subclause (I), (II), or (III).
                  ``(C) Calculation of fees for allocated 
                public use, large group activities, and other 
                activities.--The Secretary may, at the 
                discretion of the Secretary, establish and 
                charge a fee for a special recreation permit 
                described in clause (i) or (ii) of section 
                802(13)(A).
                  ``(D) Calculation of fees for single 
                organized group recreation activities, 
                competitive events, and events for which a 
                participation fee is charged.--If the Secretary 
                elects to charge a fee for a special recreation 
                permit described in section 802(13)(A)(iii), 
                the Secretary shall charge the recreation 
                service provider, based on the election of the 
                recreation service provider--
                          ``(i) the applicable predetermined 
                        fee established under subparagraph (B); 
                        or
                          ``(ii) an amount equal to a 
                        percentage of, to be determined by the 
                        Secretary, but to not to exceed 5 
                        percent of, adjusted gross receipts 
                        calculated under subparagraph (F).
                  ``(E) Calculation of fees for transitional 
                permits and long term permits.--Subject to 
                subparagraph (G), if the Secretary elects to 
                charge a fee for a special recreation permit 
                described in section 802(13)(A)(iv), the 
                Secretary shall charge the recreation service 
                provider, based on the election of the 
                recreation service provider--
                          ``(i) the applicable predetermined 
                        fee established under subparagraph (B); 
                        or
                          ``(ii) an amount equal to a 
                        percentage of, to be determined by the 
                        Secretary, but not to exceed 3 percent 
                        of, adjusted gross receipts calculated 
                        under subparagraph (F).
                  ``(F) Adjusted gross receipts.--For the 
                purposes of subparagraphs (D)(ii) and (E)(ii), 
                the Secretary shall calculate the adjusted 
                gross receipts collected for each trip or event 
                authorized under a special recreation permit, 
                using either of the following calculations, 
                based on the election of the recreation service 
                provider:
                          ``(i) The sum of--
                                  ``(I) the product obtained by 
                                multiplying--
                                          ``(aa) the general 
                                        amount paid by 
                                        participants of the 
                                        trip or event to the 
                                        recreation service 
                                        provider for the 
                                        applicable trip or 
                                        event (excluding 
                                        amounts related to 
                                        goods, souvenirs, 
                                        merchandise, gear, and 
                                        additional food 
                                        provided or sold by the 
                                        recreation service 
                                        provider); and
                                          ``(bb) the quotient 
                                        obtained by dividing--
                                                  ``(AA) the 
                                                number of days 
                                                of the trip or 
                                                event that 
                                                occurred on 
                                                Federal 
                                                recreational 
                                                lands and 
                                                waters covered 
                                                by the special 
                                                recreation 
                                                permit, rounded 
                                                to the nearest 
                                                whole day; by
                                                  ``(BB) the 
                                                total number of 
                                                days of the 
                                                trip or event; 
                                                and
                                  ``(II) the amount of any 
                                additional revenue received by 
                                the recreation service provider 
                                for an add-on activity or an 
                                optional excursion that 
                                occurred on the Federal 
                                recreational lands and waters 
                                covered by the special 
                                recreation permit.
                          ``(ii) The difference between--
                                  ``(I) the total cost paid by 
                                the participants of the trip or 
                                event for the trip or event to 
                                the recreation service 
                                provider, including any 
                                additional revenue received by 
                                the recreation service provider 
                                for an add-on activity or an 
                                optional excursion that 
                                occurred on the Federal 
                                recreational lands and waters 
                                covered by the special 
                                recreation permit; and
                                  ``(II) the sum of--
                                          ``(aa) the amount of 
                                        any revenues from 
                                        goods, souvenirs, 
                                        merchandise, gear, and 
                                        additional food 
                                        provided or sold by the 
                                        recreation service 
                                        provider to the 
                                        participants of the 
                                        applicable trip or 
                                        event;
                                          ``(bb) the amount of 
                                        any costs or revenues 
                                        from services and 
                                        activities provided or 
                                        sold by the recreation 
                                        service provider to the 
                                        participants of the 
                                        trip or event that 
                                        occurred in a location 
                                        other than the Federal 
                                        recreational lands and 
                                        waters covered by the 
                                        special recreation 
                                        permit (including costs 
                                        for travel and lodging 
                                        outside the Federal 
                                        recreational lands and 
                                        waters covered by the 
                                        special recreation 
                                        permit); and
                                          ``(cc) the amount of 
                                        any revenues from any 
                                        service provided by a 
                                        recreation service 
                                        provider for an 
                                        activity on Federal 
                                        recreational lands and 
                                        waters that is not 
                                        covered by the special 
                                        recreation permit.
                  ``(G) Exception.--Notwithstanding 
                subparagraph (E), the Secretary may charge a 
                recreation service provider a minimum annual 
                fee for a special recreation permit described 
                in section 802(13)(A)(iv).
                  ``(H) Savings clauses.--
                          ``(i) Effect.--Nothing in this 
                        paragraph affects any fee for--
                                  ``(I) a concession contract 
                                administered by the National 
                                Park Service for the provision 
                                of accommodations, facilities, 
                                or services; or
                                  ``(II) a commercial use 
                                authorization for use of 
                                Federal recreational lands and 
                                waters managed by the National 
                                Park Service.
                          ``(ii) Cost recovery.--Nothing in 
                        this paragraph affects the ability of 
                        the Secretary to recover any 
                        administrative costs under section 325 
                        of the America's Outdoor Recreation Act 
                        of 2022.
                          ``(iii) Special recreation permit 
                        fees and other recreation fees.--The 
                        collection of a special recreation 
                        permit fee under this paragraph shall 
                        not affect the authority of the 
                        Secretary to collect an entrance fee, a 
                        standard amenity recreation fee, or an 
                        expanded amenity recreation fee 
                        authorized under subsections (e), (f), 
                        and (g).
    ``(i) Disclosure of Recreation Fees and Use of Recreation 
Fees.--
          ``(1) Notice of entrance fees, standard amenity 
        recreation fees, expanded amenity recreation fees, and 
        passes.--
                  ``(A) In general.--The Secretary shall post 
                clear notice of any entrance fee, standard 
                amenity recreation fee, expanded amenity 
                recreation fee, and available recreation passes 
                at appropriate locations in each unit or area 
                of Federal recreational land and waters at 
                which an entrance fee, standard amenity 
                recreation fee, or expanded amenity recreation 
                fee is charged.
                  ``(B) Publications.--The Secretary shall 
                include in publications distributed at a unit 
                or area or described in subparagraph (A) the 
                notice described in that subparagraph.
          ``(2) Notice of uses of fees.--Beginning on January 
        1, 2024, the Secretary shall annually post, at the 
        location at which a recreation fee described in 
        paragraph (1)(A) is collected, clear notice of--
                  ``(A) the total recreation fees collected 
                during each of the 2 preceding fiscal years at 
                the respective unit or area of the Federal land 
                management agency; and
                  ``(B) each use during the preceding fiscal 
                year of the applicable recreation fee or 
                recreation pass revenues collected under this 
                section.
          ``(3) Notice of recreation fee projects.--To the 
        extent practicable, the Secretary shall post clear 
        notice at the location at which work is performed using 
        recreation fee and recreation pass revenues collected 
        under this section.
          ``(4) Centralized reporting on agency websites.--
                  ``(A) In general.--Not later than January 1, 
                2023, and not later than 60 days after the 
                beginning of each fiscal year thereafter, the 
                Secretary shall post on the website of the 
                applicable Federal land management agency a 
                searchable list of each use during the 
                preceding fiscal year of the recreation fee or 
                recreation pass revenues collected under this 
                section.
                  ``(B) List components.--The list required 
                under subparagraph (A) shall include, with 
                respect to each use described in that 
                subparagraph--
                          ``(i) a title and description of the 
                        overall project;
                          ``(ii) a title and description for 
                        each component of the project;
                          ``(iii) the location of the project; 
                        and
                          ``(iv) the amount obligated for the 
                        project.
          ``(5) Notice to customers.--A recreation service 
        provider may inform a customer of the recreation 
        service provider of any fee charged by the Secretary 
        under this section.''.
    (b) Conforming Amendment.--Section 804 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6803) is amended by 
striking subsection (e).

SEC. 204. ONLINE COLLECTION OF CERTAIN RECREATION FEES.

    Section 803 of the Federal Lands Recreation Enhancement Act 
(16 U.S.C. 6802) is amended by adding at the end the 
following--
    ``(j) Online Payments.--
          ``(1) In general.--In addition to providing onsite 
        payment methods, the Secretaries may collect payment 
        online for--
                  ``(A) entrance fees under subsection (e);
                  ``(B) standard amenity recreation fees;
                  ``(C) expanded amenity recreation fees; and
                  ``(D) special recreation permit fees.
          ``(2) Distribution of online payments.--An online 
        payment collected under paragraph (1) that is 
        associated with a specific unit or area of a Federal 
        land management agency shall be distributed in 
        accordance with section 805(c).''.

SEC. 205. ONLINE PURCHASES AND ESTABLISHMENT OF A DIGITAL VERSION OF 
                    AMERICA THE BEAUTIFUL--THE NATIONAL PARKS AND 
                    FEDERAL RECREATIONAL LANDS PASSES.

    Section 805(a) of the Federal Lands Recreation Enhancement 
Act (16 U.S.C. 6804(a)) is amended--
          (1) in paragraph (6), by striking subparagraph (A) 
        and inserting the following:
                  ``(A) In general.--The Secretaries shall sell 
                the National Parks and Federal Recreational 
                Lands Pass--
                          ``(i) at all Federal recreational 
                        lands and waters at which--
                                  ``(I) an entrance fee or a 
                                standard amenity recreation fee 
                                is charged; and
                                  ``(II) such sales are 
                                feasible;
                          ``(ii) at such other locations as the 
                        Secretaries determine to be 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 the Federal land 
                        management agencies, which shall 
                        include--
                                  ``(I) a prominent link on 
                                each website; and
                                  ``(II) information about 
                                where and when the National 
                                Parks and Federal Recreational 
                                Lands Pass may be used.''; and
          (2) by adding at the end the following:
          ``(10) Digital recreation passes.--By not later than 
        January 1, 2024, the Secretaries shall--
                  ``(A) establish a digital version of the 
                National Parks and Federal Recreational Lands 
                Pass that is able to be stored on a mobile 
                device; and
                  ``(B) on the completion of a sale carried out 
                under paragraph (6)(A)(iii), make available to 
                the passholder the digital version of the 
                National Parks and Federal Recreational Lands 
                Pass established under subparagraph (A).''.

SEC. 206. AVAILABILITY OF FEDERAL, STATE, AND LOCAL RECREATION PASSES.

    Section 806 of the Federal Lands Recreation Enhancement Act 
(16 U.S.C. 6805) is amended by adding at the end the following:
    ``(d) Federal Sales of State and County Recreation 
Passes.--
          ``(1) In general.--On receipt of a request by a State 
        or county, the Secretaries may, on behalf of the State 
        or county--
                  ``(A) sell a pass covering a fee charged by a 
                State or county for entrance to, or 
                recreational use of, a park or public land in 
                the State or county; and
                  ``(B) collect any required fees for a pass 
                sold under subparagraph (A).
          ``(2) Revenue from pass sales.--The Secretaries shall 
        transfer to the applicable State or county any amounts 
        collected on behalf of the State or county under 
        paragraph (1)(B).
    ``(e) Coordinating the Sales of Federal, State, and Local 
Recreation Passes.--The Secretaries, in consultation with 
States and counties, shall seek to coordinate the availability 
of Federal, State, and county recreation passes to allow an 
individual to purchase a Federal recreation pass and a State or 
county recreation pass in a single transaction.''.

SEC. 207. USE OF SPECIAL RECREATION PERMIT FEE REVENUE.

    Section 808 of the Federal Lands Recreation Enhancement Act 
(16 U.S.C. 6807) is amended--
          (1) by striking ``this Act'' each place it appears 
        and inserting ``this title'';
          (2) in subsection (a)(3)--
                  (A) in subparagraph (E), by striking ``and'' 
                at the end;
                  (B) in subparagraph (F), by striking ``6(a) 
                or a visitor reservation service.'' and 
                inserting ``806(a) or a visitor reservation 
                service;''; and
                  (C) by adding at the end the following:
                  ``(G) the processing of special recreation 
                permit applications and administration of 
                special recreation permits; and
                  ``(H) the improvement of the operation of the 
                special recreation permit program under section 
                803(h).''; and
          (3) in subsection (d)--
                  (A) in paragraph (1), by striking ``section 
                5'' and inserting ``section 805''; and
                  (B) in paragraph (2), by striking ``section 
                5'' and inserting ``section 805''.

SEC. 208. PERMANENT AUTHORIZATION.

    The Federal Lands Recreation Enhancement Act (16 U.S.C. 
6801 et seq.) is amended--
          (1) by striking section 810; and
          (2) by redesignating sections 811 through 815 as 
        sections 810 through 814, respectively.

    TITLE III--SPECIAL RECREATION PERMITS FOR OUTFITTING AND GUIDING

Subtitle A--Administration of Special Recreation Permits for Outfitting 
                              and Guiding

SEC. 311. PERMIT ADMINISTRATION.

    (a) Permit Availability.--
          (1) Notifications of permit availability.--
                  (A) In general.--Except as provided in 
                subparagraph (B), in an area of Federal 
                recreational lands and waters in which use by 
                recreation service providers is allocated, if 
                the Secretary concerned has determined that 
                visitor-use days are available for allocation 
                to recreation service providers or holders of a 
                commercial use authorization for outfitting and 
                guiding, the Secretary concerned shall publish 
                the information on the website of the agency 
                that administers the applicable area of Federal 
                recreational lands and waters.
                  (B) Effect.--Nothing in this paragraph--
                          (i) applies to--
                                  (I) a reissuance of an 
                                existing special recreation 
                                permit or an existing 
                                commercial use authorization 
                                for outfitting and guiding; or
                                  (II) a new special recreation 
                                permit or new commercial use 
                                authorization for outfitting 
                                and guiding issued to the 
                                purchaser of--
                                          (aa) a recreation 
                                        service provider that 
                                        is the holder of an 
                                        existing special 
                                        recreation permit; or
                                          (bb) a holder of an 
                                        existing commercial use 
                                        authorization for 
                                        outfitting and guiding; 
                                        or
                          (ii) creates a prerequisite to the 
                        issuance of a special recreation permit 
                        or commercial use authorization for 
                        outfitting and guiding or otherwise 
                        limits the authority of the Secretary 
                        concerned--
                                  (I) to issue a new special 
                                recreation permit or new 
                                commercial use authorization 
                                for outfitting and guiding; or
                                  (II) to add a new or 
                                additional use to an existing 
                                special recreation permit or an 
                                existing commercial use 
                                authorization for outfitting 
                                and guiding.
          (2) Updates.--The Secretary concerned shall ensure 
        that information published on the website under this 
        subsection is consistently updated to provide current 
        and correct information to the public.
          (3) Electronic mail notifications.--The Secretary 
        concerned shall establish a system by which potential 
        applicants for special recreation permits or commercial 
        use authorizations for outfitting and guiding may 
        subscribe to receive notification by electronic mail of 
        the availability of special recreation permits under 
        subsection (h)(1) of section 803 of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6802) (as amended 
        by section 203(a)(3)) or commercial use authorizations 
        for outfitting and guiding.
    (b) Permit Application or Proposal Acknowledgments.--
          (1) In general.--Not later than 60 days after the 
        date on which the Secretary concerned receives a 
        completed application or a complete proposal for a 
        special recreation permit under subsection (h)(1) of 
        section 803 of the Federal Lands Recreation Enhancement 
        Act (16 U.S.C. 6802) (as amended by section 203(a)(3)), 
        the Secretary concerned shall--
                  (A) provide to the applicant notice 
                acknowledging receipt of the application or 
                proposal; and
                  (B)(i) issue a final decision with respect to 
                the application or proposal; or
                  (ii) provide to the applicant notice of a 
                projected date for a final decision on the 
                application or proposal.
          (2) Effect.--Nothing in this subsection applies to a 
        concession contract issued by the National Park Service 
        for the provision of accommodations, facilities, or 
        services.

SEC. 312. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT TRANSITIONAL 
                    SPECIAL RECREATION PERMITS FOR OUTFITTING AND 
                    GUIDING.

    (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Secretary concerned shall implement 
a program to authorize the issuance of transitional special 
recreation permits for a new or additional reoccurring 
outfitting, guiding, or other recreation service, as determined 
by the Secretary concerned, on Federal recreational lands and 
waters managed by the Chief of the Forest Service or the 
Director of the Bureau of Land Management.
    (b) Term of Transitional Permits for Outfitting and 
Guiding.--A transitional special recreation permit issued under 
subsection (a) shall be issued for a term of 2 years.
    (c) Conversion to Long-Term Permits for Outfitting and 
Guiding.--
          (1) In general.--On the request of a recreation 
        service provider that holds a transitional special 
        recreation permit under the program implemented under 
        subsection (a), the Secretary concerned shall provide 
        for the conversion of the transitional special 
        recreation permit to a long-term special recreation 
        permit for outfitting and guiding if the Secretary 
        concerned determines that the recreation service 
        provider--
                  (A) has held not less than 2 transitional 
                special recreation permits or similar permits 
                issued under--
                          (i) the program implemented under 
                        subsection (a); or
                          (ii) any other program to issue 
                        similar special recreation permits in 
                        existence before the date of enactment 
                        of this Act;
                  (B) during the 3-year period preceding the 
                request, has not been determined to have a 
                performance that is less than satisfactory, as 
                determined under the monitoring process 
                described in section 314(a), for any 
                transitional special recreation permits or 
                similar special recreation permits issued by 
                the Secretary concerned, including the 
                transitional special recreation permit proposed 
                to be converted, for the respective unit of 
                Federal recreational lands and waters; and
                  (C) notwithstanding section 314(b)(3), has 
                used not less than 50 percent of the visitor-
                use days allocated to the recreation service 
                provider under the transitional special 
                recreation permit.
          (2) Term.--The term of a special recreation permit 
        converted to a long-term special recreation permit 
        under this subsection shall be for a period of 5 or 10 
        years, as determined to be appropriate by the Secretary 
        concerned.
          (3) Visitor use day allocations.--In converting a 
        transitional special recreation permit under paragraph 
        (1) to a long-term special recreation permit for 
        outfitting and guiding, the Secretary concerned may, at 
        the discretion of the Secretary concerned, increase the 
        number of visitor-use days allocated to the recreation 
        service provider under the long-term special recreation 
        permit for outfitting and guiding.
    (d) Effect.--Nothing in this section alters or affects the 
authority of the Secretary concerned to issue a special 
recreation permit under subsection (h)(1) of section 803 of the 
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as 
amended by section 203(a)(3)).

SEC. 313. SURRENDER OF UNUSED VISITOR USE DAYS.

    (a) In General.--A recreation service provider holding a 
special recreation permit described in paragraph (13)(A)(iv) of 
section 802 of the Federal Lands Recreation Enhancement Act (16 
U.S.C. 6801) (as amended by section 202(10)) may--
          (1) notify the Secretary concerned of an inability to 
        use visitor-use days annually allocated to the 
        recreation service provider under the special 
        recreation permit; and
          (2) surrender to the Secretary concerned the unused 
        visitor-use days for the applicable year for temporary 
        reassignment under section 315(b).
    (b) Determination.--To ensure a recreation service provider 
described in subsection (a) is able to make an informed 
decision before surrendering any unused visitor-use day under 
subsection (a)(2), the Secretary concerned shall, on the 
request of the applicable recreation service provider, 
determine and notify the recreation service provider whether 
the unused visitor-use day meets the requirement described in 
section 314(b)(3)(B) before the recreation service provider 
surrenders the unused visitor-use day.

SEC. 314. PERMIT REVIEWS.

    (a) Monitoring.--The Secretary concerned shall monitor for 
compliance a recreation service provider--
          (1) annually, in the case of a transitional special 
        recreation permit for outfitting and guiding issued 
        under section 312;
          (2) once every 2 years, in the case of a special 
        recreation permit described in paragraph (13)(A)(iv)(I) 
        of section 802 of the Federal Lands Recreation 
        Enhancement Act (16 U.S.C. 6801) (as amended by section 
        202(10)) that is issued for a term of 10 years;
          (3) in the case of a special recreation permit 
        converted under section 312 to a long-term special 
        recreation permit for outfitting and guiding with a 
        term of 10 years, during each of the 4th, 6th, 8th, and 
        10th years in which the long-term special recreation 
        permit is in effect; and
          (4) in the case of a special recreation permit 
        converted under section 312 to a long-term special 
        recreation permit for outfitting and guiding with a 
        term of 5 years, during each of the 4th and 5th years 
        in which the special recreation permit is in effect.
    (b) Use-of-Allocation Reviews.--
          (1) In general.--If the Secretary of Agriculture, 
        acting through the Chief of the Forest Service, or the 
        Secretary, as applicable, allocates visitor-use days 
        among special recreation permits for outfitting and 
        guiding, the Secretary of Agriculture, acting through 
        the Chief of the Forest Service, shall, and the 
        Secretary may, review the use by the recreation service 
        provider of the visitor-use days allocated--
                  (A) under a transitional special recreation 
                permit issued under section 312, not later than 
                90 days before the date on which the 
                transitional special recreation permit expires; 
                and
                  (B) under a long-term special recreation 
                permit described in paragraph (13)(A)(iv)(I) of 
                section 802 of the Federal Lands Recreation 
                Enhancement Act (16 U.S.C. 6801) (as amended by 
                section 202(10)), once every 5 years.
          (2) Requirements of the review.--In conducting a 
        review under paragraph (1), the Secretary of 
        Agriculture, acting through the Chief of the Forest 
        Service, or the Secretary, as applicable, shall 
        determine--
                  (A) the number of visitor-use days that the 
                recreation service provider has used each year 
                under the transitional special recreation 
                permit or the special recreation permit, in 
                accordance with paragraph (3); and
                  (B) of the years identified under 
                subparagraph (A), the year in which the 
                recreation service provider used the most 
                visitor-use days.
          (3) Consideration of surrendered, unused visitor use 
        days.--For the purposes of determining the number of 
        visitor-use days a recreation service provider has used 
        in a specified year under paragraph (2)(A), the 
        Secretary of Agriculture, acting through the Chief of 
        the Forest Service, and the Secretary, as applicable, 
        shall consider an unused visitor-use day that has been 
        surrendered under section 313(a)(2) as--
                  (A) \1/2\ of a visitor-use day used; or
                  (B) 1 visitor-use day used, if the Secretary 
                of Agriculture, acting through the Chief of the 
                Forest Service, or the Secretary, as 
                applicable, determines the use of the allocated 
                visitor-use day had been or will be prevented 
                by a circumstance beyond the control of the 
                recreation service provider.

SEC. 315. ADJUSTMENT OF ALLOCATED VISITOR USE DAYS.

    (a) Adjustments Following Use of Allocation Reviews.--On 
the completion of a use-of-allocation review of a special 
recreation permit described in paragraph (13)(A)(iv)(I) of 
section 802 of the Federal Lands Recreation Enhancement Act (16 
U.S.C. 6801) (as amended by section 202(10)) conducted under 
section 314(b), the Secretary of Agriculture, acting through 
the Chief of the Forest Service, or the Secretary, as 
applicable, shall adjust the number of visitor-use days 
allocated to a recreation service provider under the special 
recreation permit as follows:
          (1) If the Secretary concerned determines that the 
        performance of the recreation service provider was 
        satisfactory during the most recent review conducted 
        under subsection (a) of section 314, the annual number 
        of visitor-use days allocated for each remaining year 
        of the permit shall be equal to 125 percent of the 
        number of visitor-use days used, as determined under 
        subsection (b)(2)(A) of that section, during the year 
        identified under subsection (b)(2)(B) of that section, 
        not to exceed the level allocated to the special 
        recreation permit holder on the date on which the 
        special recreation permit was issued.
          (2) If the Secretary concerned determines the 
        performance of the recreation service provider is less 
        than satisfactory during the most recent performance 
        review conducted under subsection (a) of section 314, 
        the annual number of visitor-use days allocated for 
        each remaining year of the permit shall be equal to not 
        more than 100 percent of the number of visitor-use days 
        used, as determined under subsection (b)(2)(A) of that 
        section during the year identified under subsection 
        (b)(2)(B) of that section.
    (b) Temporary Reassignment of Unused Days.--The Secretary 
concerned may temporarily assign unused visitor use-days, made 
available under section 313(a)(2) to--
          (1) any other existing or potential recreation 
        service provider, notwithstanding the number of 
        visitor-use days allocated to the special recreation 
        permit holder under the special recreation permit held 
        or to be held by the recreation service provider; or
          (2) any existing or potential holder of a special 
        recreation permit described in clause (i) or (iii) of 
        paragraph (13)(A) of section 802 of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6801) (as amended 
        by section 202(10)), including the public.
    (c) Additional Capacity.--If unallocated visitor-use days 
are available, the Secretary concerned may, at any time, revise 
a special recreation permit to assign additional visitor-use 
days to a qualified recreation service provider.

   Subtitle B--Additional Provisions Relating to Special Recreation 
                                Permits

SEC. 321. PERMITTING PROCESS IMPROVEMENTS.

    (a) In General.--To simplify the process of the issuance 
and reissuance of special recreation permits and reduce the 
cost of administering special recreation permits under 
subsection (h) of section 803 of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6802) (as amended by section 
203(a)(3)), the Secretaries shall--
          (1) not later than 1 year after the date of enactment 
        of this Act--
                  (A) evaluate the process for issuing special 
                recreation permits; and
                  (B) based on the evaluation under 
                subparagraph (A), identify opportunities--
                          (i) to eliminate duplicative 
                        processes with respect to issuing 
                        special recreation permits;
                          (ii) to reduce costs for the issuance 
                        of special recreation permits;
                          (iii) to decrease processing times 
                        for special recreation permits; and
                          (iv) to issue simplified special 
                        recreation permits; and
          (2) not later than 1 year after the date on which the 
        Secretaries complete the evaluation and identification 
        processes under paragraph (1), revise, as necessary, 
        relevant agency regulations and guidance documents, 
        including regulations and guidance documents relating 
        to the environmental review process, for special 
        recreation permits to implement the improvements 
        identified under paragraph (1)(B).
    (b) Environmental Reviews.--
          (1) In general.--The Secretary concerned shall, to 
        the maximum extent practicable, utilize available 
        tools, including tiering to existing programmatic 
        reviews, as appropriate, to facilitate an effective and 
        efficient environmental review process for activities 
        undertaken by the Secretary concerned relating to the 
        issuance of special recreation permits.
          (2) Categorical exclusions.--Not later than 1 year 
        after the date of enactment of this Act, the Secretary 
        concerned shall--
                  (A) evaluate--
                          (i) whether existing categorical 
                        exclusions available to the Secretary 
                        concerned on the date of enactment of 
                        this Act are consistent with the 
                        provisions of this Act; and
                          (ii) whether a modification of an 
                        existing categorical exclusion or the 
                        establishment of 1 or more new 
                        categorical exclusions developed in 
                        compliance with the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.) is necessary to 
                        undertake an activity described in 
                        paragraph (1) in a manner consistent 
                        with the authorities and requirements 
                        in this Act; and
                  (B) revise relevant agency regulations and 
                policy statements, as necessary, to modify 
                existing categorical exclusions or incorporate 
                new categorical exclusions based on the 
                evaluation conducted under subparagraph (A).
    (c) Needs Assessments.--Except as required under subsection 
(c) or (d) of section 4 of the Wilderness Act (16 U.S.C. 1133), 
the Secretary concerned shall not conduct a needs assessment as 
a condition of issuing a special recreation permit under 
subsection (h) of section 803 of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6802) (as amended by section 
203(a)(3)).
    (d) Online Applications.--Not later than 2 years after the 
date of enactment of this Act, the Secretaries shall make the 
application for a special recreation permit under subsection 
(h) of section 803 of the Federal Lands Recreation Enhancement 
Act (16 U.S.C. 6802) (as amended by section 203(a)(3)), 
including a reissuance of a special recreation permit under 
that section, available for completion and submission--
          (1) online;
          (2) by mail or electronic mail; and
          (3) in person at the field office for the applicable 
        Federal recreational lands and waters.
    (e) Organized Group Activity or Event Special Recreation 
Permits.--
          (1) Definitions.--In this subsection:
                  (A) Organized group activity or event special 
                recreation permit.--The term ``organized group 
                activity or event special recreation permit'' 
                means a special recreation permit described in 
                paragraph (13)(A)(iii)(I) of section 802 of the 
                Federal Lands Recreation Enhancement Act (16 
                U.S.C. 6801) (as amended by section 202(10)).
                  (B) Youth group.--The term ``youth group'' 
                means a recreation service provider that 
                predominantly serves individuals not older than 
                25 years of age.
          (2) Exemption from certain allocations of use.--If 
        the Secretary concerned allocates visitor-use days 
        available for an area or activity on Federal 
        recreational lands and waters among recreation service 
        providers that hold a permit described in paragraph 
        (13)(A)(iv) of section 802 of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6801) (as amended 
        by section 202(10)), an organized group activity or 
        event special recreation permit shall not be subject to 
        that allocation of visitor-use days.
          (3) Issuance.--
                  (A) In general.--Except as provided in 
                subparagraphs (B) and (C), if use by the 
                general public is not subject to a limited 
                entry permit system and capacity is available 
                for the times or days in which the proposed 
                activity or event would be undertaken under an 
                application for an organized group activity or 
                event special recreation permit submitted by a 
                recreation service provider (including a youth 
                group), the Secretary concerned may issue the 
                organized group activity or event special 
                recreation permit, subject to any terms and 
                conditions determined to be appropriate by the 
                Secretary concerned.
                  (B) Nominal effects permits.--Except as 
                provided in subparagraph (C), if the Secretary 
                concerned determines that an activity or event 
                to be undertaken by a recreation service 
                provider (including a youth group) proposed in 
                an application for an organized group activity 
                or event special recreation permit would 
                require terms and conditions to ensure the 
                proposed activity or event would have only 
                nominal effects on Federal recreational lands 
                and waters, resources, and programs, the 
                Secretary concerned shall issue the organized 
                group activity or event special recreation 
                permit, subject to such terms and conditions, 
                if use by the general public is not subject to 
                a limited entry permit system and capacity is 
                available for the times or days in which the 
                proposed activity or event would be undertaken 
                under the organized group activity or event 
                special recreation permit.
                  (C) No permit required.--The Secretary 
                concerned shall not require an organized group 
                activity or event special recreation permit for 
                a recreation activity or event conducted by a 
                special recreation provider (including a youth 
                group) if the Secretary concerned determines 
                based on the review of a proposal that--
                          (i) the proposed activity or event to 
                        be undertaken would have only nominal 
                        effects on Federal recreational lands 
                        and waters, resources, and programs; 
                        and
                          (ii) establishing additional terms 
                        and conditions for the proposed 
                        activity or event is not necessary to 
                        protect or avoid conflict on or with 
                        Federal recreational lands and waters, 
                        resources, and programs.
          (4) Fees.--The Secretary concerned may elect not to 
        charge a fee to a recreation service provider 
        (including a youth group) for an organized group 
        activity or event special recreation permit.
          (5) Savings clause.--Nothing in this subsection 
        prevents the Secretary concerned from limiting or 
        abating issuance of an organized group activity or 
        event special recreation permit, based on resource 
        conditions, administrative burdens, or safety issues.

SEC. 322. SERVICE FIRST INITIATIVE AND MULTIJURISDICTIONAL TRIPS.

    (a) Repeal.--Section 330 of the Department of the Interior 
and Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), 
is repealed.
    (b) Cooperative Action and Sharing of Resources by the 
Secretaries of the Interior and Agriculture.--
          (1) In general.--For fiscal year 2012 and each fiscal 
        year thereafter, the Secretaries, subject to annual 
        review of Congress, may carry out an initiative, to be 
        known as the ``Service First Initiative'', under which 
        the Secretaries and agencies and bureaus within the 
        Department of the Interior and the Department of 
        Agriculture--
                  (A) may establish programs to conduct 
                projects, planning, permitting, leasing, 
                contracting, and other activities, either 
                jointly or on behalf of each other;
                  (B) may co-locate in Federal offices and 
                facilities leased by an agency of the 
                Department of the Interior or the Department of 
                Agriculture; and
                  (C) may issue special rules to test the 
                feasibility of issuing unified permits, 
                applications, and leases.
          (2) Delegations of authority.--The Secretaries may 
        make reciprocal delegations of the respective 
        authorities, duties, and responsibilities of the 
        Secretaries in support of the Service First Initiative 
        agency-wide to promote customer service and efficiency.
          (3) Effect.--Nothing in this section alters, expands, 
        or limits the applicability of any law (including 
        regulations) to land administered by the Bureau of Land 
        Management, National Park Service, United States Fish 
        and Wildlife Service, or the Forest Service or matters 
        under the jurisdiction of any other bureaus or offices 
        of the Department of the Interior or the Department of 
        Agriculture, as applicable.
          (4) Transfers of funding.--To facilitate the sharing 
        of resources under the Service First Initiative, the 
        Secretaries may make transfers of funds and 
        reimbursements of funds on an annual basis, including 
        transfers and reimbursements for multi-year projects, 
        subject to the limitation that this authority may not 
        be used to circumvent requirements and limitations 
        imposed on the use of funds.
    (c) Pilot Program for Permits for Multijurisdictional 
Trips.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of this Act, the Secretaries shall 
        establish a pilot program to offer to a person seeking 
        an authorization for a multijurisdictional trip a 
        single joint special recreation permit or commercial 
        use authorization that authorizes the use of each unit 
        of Federal recreational lands and waters on which the 
        multijurisdictional trip occurs.
          (2) Minimum number of permits.--Not later than 4 
        years after the date of enactment of this Act, the 
        Secretaries shall issue not fewer than 10 single joint 
        special recreation permits described in paragraph 
        (13)(A)(iv) of section 802 of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6801) (as amended 
        by section 202(10)) or commercial use authorizations 
        under the pilot program established under paragraph 
        (1).
          (3) Lead agencies.--In carrying out the pilot program 
        established under paragraph (1), the Secretaries 
        shall--
                  (A) designate a lead agency for issuing and 
                administering a single joint special recreation 
                permit or commercial use authorization; and
                  (B) select not fewer than 4 offices at which 
                a person shall be able to apply for a single 
                joint special recreation permit or commercial 
                use authorization, of which--
                          (i) not fewer than 2 offices are 
                        managed by the Secretary; and
                          (ii) not fewer than 2 offices are 
                        managed by the Secretary of 
                        Agriculture, acting through the Chief 
                        of the Forest Service.
          (4) Retention of authority by the applicable 
        secretary.--Each of the Secretaries shall retain the 
        authority to enforce the terms, stipulations, 
        conditions, and agreements in a single joint special 
        recreation permit or commercial use authorization 
        issued under the pilot program established under 
        paragraph (1) that apply specifically to the use 
        occurring on the Federal recreational lands and waters 
        managed by the applicable Secretary.
          (5) Option to apply for separate permits or 
        commercial use authorizations.--A person seeking an 
        authorization for a multijurisdictional trip may apply 
        for--
                  (A) a separate special recreation permit or 
                commercial use authorization for the use of 
                each unit of Federal recreational lands and 
                waters on which the multijurisdictional trip 
                occurs; or
                  (B) a single joint special recreational 
                permit or commercial use authorization made 
                available under the pilot program established 
                under paragraph (1).
          (6) Effect.--Nothing in this subsection applies to a 
        concession contract issued by the National Park Service 
        for the provision of accommodations, facilities, or 
        services.

SEC. 323. PERMIT FLEXIBILITY.

    (a) In General.--The Secretary concerned shall establish 
guidelines to allow a holder of a special recreation permit 
under subsection (h) of section 803 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by 
section 203(a)(3)), on the approval of the Secretary concerned, 
to engage in another recreational activity under the special 
recreation permit that is substantially similar to the specific 
activity authorized under the special recreation permit.
    (b) Criteria.--For the purposes of this section, a 
recreational activity shall be considered to be a substantially 
similar recreational activity if the recreational activity--
          (1) is comparable in type, nature, scope, and 
        ecological setting to the specific activity authorized 
        under the special recreation permit;
          (2) does not result in a greater impact on natural 
        and cultural resources than the impact of the 
        authorized activity;
          (3) does not adversely affect--
                  (A) any other holder of a special recreation 
                permit or other permit; or
                  (B) any other authorized use of the Federal 
                recreational lands and waters; and
          (4) is consistent with--
                  (A) any applicable laws (including 
                regulations); and
                  (B) the land management plan, resource 
                management plan, or equivalent plan applicable 
                to the Federal recreational lands and waters.
    (c) Effect.--Nothing in this section affects any authority 
of, regulation issued by, or decision of the Secretary 
concerned relating to the use of electric bicycles on Federal 
recreational lands and waters under any other Federal law.

SEC. 324. LIABILITY.

    (a) Insurance Requirements.--
          (1) In general.--Except as provided in paragraph (2), 
        as a condition of issuing a special recreation permit 
        under subsection (h)(1)(B) of section 803 of the 
        Federal Lands Recreation Enhancement Act (16 U.S.C. 
        6802) (as amended by section 203(a)(3)) or a commercial 
        use authorization, the Secretary concerned may require 
        the holder of the special recreation permit or 
        commercial use authorization to have a commercial 
        general liability insurance policy that--
                  (A) is commensurate with the level of risk of 
                the activities to be conducted under the 
                special recreation permit or commercial use 
                authorization; and
                  (B) includes the United States as an 
                additional insured in an endorsement to the 
                applicable policy.
          (2) Exception.--The Secretary concerned shall not 
        require a holder of a special recreation permit or 
        commercial use authorization for low-risk activities, 
        as determined by the Secretary concerned, including 
        commemorative ceremonies and participation by the 
        public in a recreation activity or recreation use of a 
        specific area of Federal recreational lands and waters 
        in which use by the public is allocated, to comply with 
        the requirements of paragraph (1).
    (b) Indemnification by Governmental Entities.--The 
Secretary concerned shall not require a State, State agency, 
State institution, or political subdivision of a State to 
indemnify the United States for tort liability as a condition 
for issuing a special recreation permit or commercial use 
authorization to the extent the State, State agency, State 
institution, or political subdivision of a State is precluded 
by State law from providing indemnification to the United 
States for tort liability, if the State, State agency, State 
institution, or political subdivision of the State maintains 
the minimum amount of liability insurance coverage required by 
the Federal land management agency for the activities conducted 
under the special recreation permit or commercial use 
authorization in the form of--
          (1) a commercial general liability insurance policy, 
        which includes the United States as an additional 
        insured in an endorsement to the policy, if the State 
        is authorized to obtain commercial general liability 
        insurance by State law; or
          (2) self-insurance, which covers the United States as 
        an additional insured, if authorized by State law.
    (c) Exculpatory Agreements.--
          (1) In general.--Except as provided in paragraph (2), 
        a Federal land management agency shall not implement, 
        administer, or enforce any regulation, guidance, or 
        policy prohibiting the use of an exculpatory agreement 
        between a recreation service provider or a holder of a 
        commercial use authorization and a customer relating to 
        services provided under a special recreation permit or 
        a commercial use authorization.
          (2) Requirements.--Any exculpatory agreement used by 
        a recreation service provider or holder of a commercial 
        use authorization for an activity authorized under a 
        special recreation permit or commercial use 
        authorization--
                  (A) shall shield the United States from any 
                liability, if otherwise allowable under Federal 
                law; and
                  (B) shall not waive any liability of the 
                recreation service provider that may not be 
                waived under the laws (including common law) of 
                the applicable State or for gross negligence, 
                recklessness, or willful misconduct.
          (3) Consistency.--Not later than 2 years after the 
        date of enactment of this Act, the Secretaries shall--
                  (A) review the policies of the Secretaries 
                pertaining to the use of exculpatory agreements 
                by recreation service providers; and
                  (B) revise any policy described in 
                subparagraph (A) as necessary to make the 
                policies of the Secretaries pertaining to the 
                use of exculpatory agreements by recreation 
                service providers consistent with this 
                subsection and across all Federal recreational 
                lands and waters.
    (d) Effect.--Nothing in this section applies to a 
concession contract issued by the National Park Service for the 
provision of accommodations, facilities, or services.

SEC. 325. COST RECOVERY REFORM.

    (a) Cost Recovery for Special Recreation Permits.--In 
addition to a fee collected under section 803 of the Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6802) or any other 
authorized fee collected by the Secretary concerned, the 
Secretary concerned may assess and collect a reasonable fee 
from an applicant for, and holder of, a special recreation 
permit to recover administrative costs incurred by the 
Secretary concerned for--
          (1) processing the special recreation permit; and
          (2) monitoring the special recreation permit to 
        ensure compliance with the terms and conditions of the 
        special recreation permit.
    (b) De Minimis Exemptions From Cost Recovery.--
          (1) In general.--If the administrative costs 
        described in subsection (a) are assessed on an hourly 
        basis, the Secretary concerned shall establish an 
        hourly de minimis threshold that exempts a specified 
        number of hours from the assessment and collection of 
        administrative costs described in subsection (a).
          (2) Exemption.--If the Secretary concerned 
        establishes a threshold under paragraph (1) and 
        assesses a fee under subsection (a), the Secretary 
        concerned shall charge an applicant only for any hours 
        that exceed the de minimis threshold.
    (c) Multiple Applications.--If the Secretary concerned 
processes multiple applications for special recreation permits 
for similar services in the same unit of Federal recreational 
lands and waters, the Secretary concerned shall, to the extent 
practicable--
          (1) assess from the applicants the fee described in 
        subsection (a) on a prorated basis; and
          (2) apply the exemption described in subsection (b) 
        to each applicant on an individual basis. (d) 
        Limitation.--The Secretary concerned shall not assess 
        or collect administrative costs under this section for 
        a programmatic environmental review.

SEC. 326. PERMIT RELIEF FOR PICNIC AREAS.

    (a) In General.--If the Secretary concerned does not 
require the public to obtain a permit or reservation to access 
a picnic area on Federal recreational lands and waters 
administered by the Chief of the Forest Service or Director of 
the Bureau of Land Management, the Secretary concerned may not 
require a covered person described in subsection (b) to obtain 
a permit solely to access the picnic area.
    (b) Description of Covered Persons.--A covered person 
referred to in subsection (a) is a person (including an 
educational group) that provides--
          (1) outfitting and guiding services on Federal 
        recreational lands and waters; and
          (2) the services described in paragraph (1) to fewer 
        than 40 customers annually at the picnic area.

SEC. 327. INTERAGENCY REPORT ON SPECIAL RECREATION PERMITS FOR 
                    UNDERSERVED COMMUNITIES.

    (a) Definition of Covered Community.--In this section, the 
term ``covered community'' means a rural or urban, low-income, 
or underserved community, including an Indian Tribe, that has 
been underrepresented in outdoor recreation opportunities on 
Federal recreational lands and waters.
    (b) Report.--Not later than 3 years after the date of 
enactment of this Act, the Secretaries, acting jointly, shall 
submit to the Committee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources of the House of 
Representatives a report that describes--
          (1) the estimated use of special recreation permits 
        serving covered communities;
          (2) examples of special recreation permits, 
        partnerships, cooperative agreements, or other 
        arrangements providing access to Federal recreational 
        lands and waters for covered communities;
          (3) other ways covered communities are engaging on 
        Federal recreational lands and waters, including 
        through stewardship and conservation projects or 
        activities;
          (4) any barriers for recreation service providers or 
        prospective recreation service providers operating 
        within or serving a covered community; and
          (5) any recommendations to facilitate and increase 
        permitted access to Federal recreational lands and 
        waters for covered communities.

                           Subtitle C--Effect

SEC. 331. EFFECT.

    Except as provided in sections 311(a), 322, and 324, 
nothing in this title (including an amendment made by this 
title) affects the authority or responsibility of the Secretary 
to award concessions contracts for the provision of 
accommodations, facilities, or services, or commercial use 
authorizations.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. FILMING AND STILL PHOTOGRAPHY WITHIN THE NATIONAL PARK SYSTEM 
                    AND ON OTHER FEDERAL LAND.

    (a) Filming in National Park System Units.--
          (1) In general.--Chapter 1009 of title 54, United 
        States Code, is amended by striking section 100905 and 
        inserting the following:

``100905. Filming and still photography in System units

    ``(a) Filming and Still Photography.--
          ``(1) In general.--The Secretary shall ensure that a 
        filming or still photography activity or similar 
        project in a System unit (referred to in this section 
        as a `filming or still photography activity') and the 
        authorizing or permitting of a filming or still 
        photography activity are carried out consistent with--
                  ``(A) the laws and policies applicable to the 
                Service; and
                  ``(B) an applicable general management plan.
          ``(2) No permits required.--The Secretary shall not 
        require an authorization or a permit or assess a fee, 
        if a fee for a filming or still photography activity is 
        not otherwise required by law, for a filming or still 
        photography activity that--
                  ``(A)(i) involves fewer than 6 individuals; 
                and
                  ``(ii) meets each of the requirements 
                described in paragraph (5); or
                  ``(B) is merely incidental to, or 
                documenting, an activity or event that is 
                allowed or authorized at the System unit, 
                regardless of--
                          ``(i) the number of individuals 
                        participating in the allowed or 
                        authorized activity or event; or
                          ``(ii) whether any individual 
                        receives compensation for any products 
                        of the filming or still photography 
                        activity.
          ``(3) Filming and still photography authorizations 
        for de minimis use.--
                  ``(A) In general.--The Secretary shall 
                establish a de minimis use authorization for 
                certain filming or still photography activities 
                that meets the requirements described in 
                subparagraph (F).
                  ``(B) Policy.--For a filming or still 
                photography activity that meets the 
                requirements described in subparagraph (F), the 
                Secretary--
                          ``(i) may require a de minimis use 
                        authorization; and
                          ``(ii) shall not require a permit.
                  ``(C) No fee.--The Secretary shall not charge 
                a fee for a de minimis use authorization under 
                this paragraph.
                  ``(D) Access.--The Secretary shall enable 
                members of the public to apply for and obtain a 
                de minimis use authorization under this 
                paragraph--
                          ``(i) through the website of the 
                        Service; and
                          ``(ii) in person at the field office 
                        of the applicable System unit.
                  ``(E) Issuances.--The Secretary shall--
                          ``(i) establish a procedure--
                                  ``(I) to automate the 
                                approval of an application 
                                submitted through the website 
                                of the Service under 
                                subparagraph (D)(i); and
                                  ``(II) to issue a de minimis 
                                use authorization under this 
                                paragraph immediately on 
                                receipt of an application that 
                                is submitted in person at the 
                                field office of the applicable 
                                System unit under subparagraph 
                                (D)(ii); and
                          ``(ii) if an application submitted 
                        under subparagraph (D) meets the 
                        requirements of this paragraph, 
                        immediately on receipt of the 
                        application issue a de minimis use 
                        authorization for the filming or still 
                        photography activity.
                  ``(F) Requirements.--The Secretary shall only 
                issue a de minimis use authorization under this 
                paragraph if the filming or still photography 
                activity--
                          ``(i) involves a group of not fewer 
                        than 6 individuals and not more than 8 
                        individuals;
                          ``(ii) meets each of the requirements 
                        described in paragraph (5); and
                          ``(iii) is consistent with subsection 
                        (c).
                  ``(G) Contents.--A de minimis use 
                authorization issued under this paragraph shall 
                list the requirements described in subparagraph 
                (F).
          ``(4) Required permits.--Except as provided in 
        paragraph (2)(B), the Secretary may require a permit 
        application and, if a permit is issued, assess a 
        reasonable fee, as described in subsection (b)(1), for 
        a filming or still photography activity that--
                  ``(A) involves more than 8 individuals;
                  ``(B) does not meet each of the requirements 
                described in paragraph (5); or
                  ``(C) is conducted in a component of the 
                National Wilderness Preservation System.
          ``(5) Requirements for filming or still photography 
        activity.--The requirements referred to in paragraphs 
        (2)(A)(ii), (3)(F)(ii), (4)(B) , and (7)(C) are as 
        follows:
                  ``(A) A person conducts the filming or still 
                photography activity in a manner that--
                          ``(i) does not impede or intrude on 
                        the experience of other visitors to the 
                        applicable System unit;
                          ``(ii) except as otherwise 
                        authorized, does not disturb or 
                        negatively impact--
                                  ``(I) a natural or cultural 
                                resource; or
                                  ``(II) an environmental or 
                                scenic value; and
                          ``(iii) allows for equitable 
                        allocation or use of facilities of the 
                        applicable System unit.
                  ``(B) The person conducts the filming or 
                still photography activity at a location in 
                which the public is allowed.
                  ``(C) The person conducting the filming or 
                still photography activity does not require the 
                exclusive use of a site or area.
                  ``(D) The person does not conduct the filming 
                or still photography activity in a localized 
                area that receives a very high volume of 
                visitation.
                  ``(E) The person conducting the filming or 
                still photography activity does not use a set 
                or staging equipment, subject to the limitation 
                that handheld equipment (such as a tripod, 
                monopod, and handheld lighting equipment) shall 
                not be considered staging equipment for the 
                purposes of this subparagraph.
                  ``(F) The person conducting the filming or 
                still photography activity complies with and 
                adhere to visitor use policies, practices, and 
                regulations applicable to the applicable System 
                unit.
                  ``(G) The filming or still photography 
                activity is not likely to result in additional 
                administrative costs being incurred by the 
                Secretary with respect to the filming or still 
                photography activity, as determined by the 
                Secretary.
                  ``(H) The person conducting the filming or 
                still photography activity complies with other 
                applicable Federal, State, and local laws 
                (including regulations), including laws 
                relating to the use of unmanned aerial 
                equipment.
          ``(6) Content creation.--Regardless of distribution 
        platform, any video, still photograph, or audio 
        recording for commercial or noncommercial content 
        creation in a System unit shall be considered to be a 
        filming or still photography activity under this 
        subsection.
          ``(7) Effect.--
                  ``(A) Permits requested though not 
                required.--On the request of a person intending 
                to carry out a filming or still photography 
                activity, the Secretary may issue a permit for 
                the filming or still photography activity, even 
                if a permit for the filming or still 
                photography activity is not required under this 
                section.
                  ``(B) No additional permits, commercial use 
                authorizations, or fees for filming and still 
                photography at authorized events.--A filming or 
                still photography activity at an activity or 
                event that is allowed or authorized, including 
                a wedding, engagement party, family reunion, or 
                celebration of a graduate, shall be considered 
                merely incidental for the purposes of paragraph 
                (2)(B).
                  ``(C) Monetary compensation.--The receipt of 
                monetary compensation by the person conducting 
                the filming or still photography activity shall 
                not affect the permissibility of the filming or 
                still photography activity.
    ``(b) Fees and Recovery Costs.--
          ``(1) Fees.--The reasonable fees referred to in 
        subsection (a)(4) shall meet each of the following 
        criteria:
                  ``(A) The reasonable fee shall provide a fair 
                return to the United States.
                  ``(B) The reasonable fee shall be based on 
                the following criteria:
                          ``(i) The number of days of the 
                        filming or still photography activity.
                          ``(ii) The size of the film or still 
                        photography crew present in the System 
                        unit.
                          ``(iii) The quantity and type of film 
                        or still photography equipment present 
                        in the System unit.
                          ``(iv) Any other factors that the 
                        Secretary determines to be necessary.
          ``(2) Recovery of costs.--
                  ``(A) In general.--The Secretary shall 
                collect from the applicant for the applicable 
                permit any costs incurred by the Secretary 
                related to a filming or still photography 
                activity subject to a permit under subsection 
                (a)(4), including--
                          ``(i) the costs of the review or 
                        issuance of the permit; and
                          ``(ii) related administrative and 
                        personnel costs.
                  ``(B) Effect on fees collected.--All costs 
                recovered under subparagraph (A) shall be in 
                addition to the fee described in paragraph (1).
          ``(3) Use of proceeds.--
                  ``(A) Fees.--All fees collected under this 
                section shall--
                          ``(i) be available for expenditure by 
                        the Secretary, without further 
                        appropriation; and
                          ``(ii) remain available until 
                        expended.
                  ``(B) Costs.--All costs recovered under 
                paragraph (2)(A) shall--
                          ``(i) be available for expenditure by 
                        the Secretary, without further 
                        appropriation, at the System unit at 
                        which the costs are collected; and
                          ``(ii) remain available until 
                        expended.
    ``(c) Protection of Resources.--The Secretary shall not 
allow a person to undertake a filming or still photography 
activity if the Secretary determines that--
          ``(1) there is a likelihood that the person would 
        cause resource damage at the System unit, except as 
        otherwise authorized;
          ``(2) the person would create an unreasonable 
        disruption of the use and enjoyment by the public of 
        the System unit; or
          ``(3) the filming or still photography activity poses 
        a health or safety risk to the public.
    ``(d) Processing of Permit Applications.--
          ``(1) In general.--The Secretary shall establish a 
        process to ensure that the Secretary responds in a 
        timely manner to an application for a permit for a 
        filming or still photography activity required under 
        subsection (a)(4).
          ``(2) Coordination.--If a permit is required under 
        this section for 2 or more Federal agencies or System 
        units, the Secretary and the head of any other 
        applicable Federal agency, as applicable, shall, to the 
        maximum extent practicable, coordinate permit 
        processing procedures, including through the use of 
        identifying a lead agency or lead System unit--
                  ``(A) to review the application for the 
                permit;
                  ``(B) to issue the permit; and
                  ``(C) to collect any required fees.''.
          (2) Clerical amendment.--The table of sections for 
        chapter 1009 of title 54, United States Code, is 
        amended by striking the item relating to section 100905 
        and inserting the following:
``100905. Filming and still photography in System units.''.
    (b) Filming on Other Federal Land.--Public Law 106-206 (16 
U.S.C. 460l-6d) is amended by striking section 1 and inserting 
the following:

``SECTION 1. FILMING AND STILL PHOTOGRAPHY.

    ``(a) Filming and Still Photography.--
          ``(1) In general.--The Secretary concerned shall 
        ensure that a filming or still photography activity or 
        similar project at a Federal land management unit 
        (referred to in this section as a `filming or still 
        photography activity') and the authorizing or 
        permitting of a filming or still photography activity 
        are carried out consistent with--
                  ``(A) the laws and policies applicable to the 
                Secretary concerned; and
                  ``(B) an applicable general management plan.
          ``(2) No permits required.--The Secretary concerned 
        shall not require an authorization or a permit or 
        assess a fee, if a fee for a filming or still 
        photography activity is not otherwise required by law, 
        for a filming or still photography activity that--
                  ``(A)(i) involves fewer than 6 individuals; 
                and
                  ``(ii) meets each of the requirements 
                described in paragraph (5); or
                  ``(B) is merely incidental to, or 
                documenting, an activity or event that is 
                allowed or authorized at the Federal land 
                management unit, regardless of--
                          ``(i) the number of individuals 
                        participating in the allowed or 
                        authorized activity or event; or
                          ``(ii) whether any individual 
                        receives compensation for any products 
                        of the filming or still photography 
                        activity.
          ``(3) filming and still photography authorizations 
        for de minimis use.--
                  ``(A) In general.--The Secretary concerned 
                shall establish a de minimis use authorization 
                for certain filming or still photography 
                activities that meets the requirements 
                described in subparagraph (F).
                  ``(B) Policy.--For a filming or still 
                photography activity that meets the 
                requirements described in subparagraph (F), the 
                Secretary concerned--
                          ``(i) may require a de minimis use 
                        authorization; and
                          ``(ii) shall not require a permit.
                  ``(C) No fee.--The Secretary concerned shall 
                not charge a fee for a de minimis use 
                authorization under this paragraph.
                  ``(D) Access.--The Secretary concerned shall 
                enable members of the public to apply for and 
                obtain a de minimis use authorization under 
                this paragraph--
                          ``(i) through the website of the 
                        Department of the Interior or the 
                        Forest Service, as applicable; and
                          ``(ii) in person at the field office 
                        for the Federal land management unit.
                  ``(E) Issuances.--The Secretary concerned 
                shall--
                          ``(i) establish a procedure--
                                  ``(I) to automate the 
                                approval of an application 
                                submitted through the website 
                                of the Department of the 
                                Interior or the Forest Service, 
                                as applicable, under 
                                subparagraph (D)(i); and
                                  ``(II) to issue a de minimis 
                                use authorization under this 
                                paragraph immediately on 
                                receipt of an application that 
                                is submitted in person at the 
                                field office for the Federal 
                                land management unit under 
                                subparagraph (D)(ii); and
                          ``(ii) if an application submitted 
                        under subparagraph (D) meets the 
                        requirements of this paragraph, 
                        immediately on receipt of the 
                        application issue a de minimis use 
                        authorization for the filming or still 
                        photography activity.
                  ``(F) Terms.--The Secretary concerned shall 
                only issue a de minimis use authorization under 
                this paragraph if the filming or still 
                photography activity--
                          ``(i) involves a group of not fewer 
                        than 6 individuals and not more than 8 
                        individuals;
                          ``(ii) meets each of the requirements 
                        described in paragraph (5); and
                          ``(iii) is consistent with subsection 
                        (c).
                  ``(G) Contents.--A de minimis use 
                authorization issued under this paragraph shall 
                list the requirements described in subparagraph 
                (F).
          ``(4) Required permits.--Except as provided in 
        paragraph (2)(B), the Secretary concerned may require a 
        permit application and, if a permit is issued, assess a 
        reasonable fee, as described in subsection (b)(1), for 
        a filming or still photography activity that--
                  ``(A) involves more than 8 individuals;
                  ``(B) does not meet each of the requirements 
                described in paragraph (5); or
                  ``(C) is conducted in a component of the 
                National Wilderness Preservation System.
          ``(5) Requirements for filming or still photography 
        activity.--The requirements referred to in paragraphs 
        (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) are as 
        follows:
                  ``(A) A person conducts the filming or still 
                photography activity in a manner that--
                          ``(i) does not impede or intrude on 
                        the experience of other visitors to the 
                        Federal land management unit;
                          ``(ii) except as otherwise 
                        authorized, does not disturb or 
                        negatively impact--
                                  ``(I) a natural or cultural 
                                resource; or
                                  ``(II) an environmental or 
                                scenic value; and
                          ``(iii) allows for equitable 
                        allocation or use of facilities of the 
                        Federal land management unit.
                  ``(B) The person conducts the filming or 
                still photography activity at a location in 
                which the public is allowed.
                  ``(C) The person conducting the filming or 
                still photography activity does not require the 
                exclusive use of a site or area.
                  ``(D) The person does not conduct the filming 
                or still photography activity in a localized 
                area that receives a very high volume of 
                visitation.
                  ``(E) The person conducting the filming or 
                still photography activity does not use a set 
                or staging equipment, subject to the limitation 
                that handheld equipment (such as a tripod, 
                monopod, and handheld lighting equipment) shall 
                not be considered staging equipment for the 
                purposes of this subparagraph.
                   ``(F) The person conducting the filming or 
                still photography activity complies with and 
                adhere to visitor use policies, practices, and 
                regulations applicable to the Federal land 
                management unit.
                  ``(G) The filming or still photography 
                activity is not likely to result in additional 
                administrative costs being incurred by the 
                Secretary concerned with respect to the filming 
                or still photography activity, as determined by 
                the Secretary concerned.
                  ``(H) The person conducting the filming or 
                still photography activity complies with other 
                applicable Federal, State, and local laws 
                (including regulations), including laws 
                relating to the use of unmanned aerial 
                equipment.
           ``(6) Content creation.--Regardless of distribution 
        platform, any video, still photograph, or audio 
        recording for commercial or noncommercial content 
        creation at a Federal land management unit shall be 
        considered to be a filming or still photography 
        activity under this subsection.
          ``(7) Effect.--
                  ``(A) Permits requested though not 
                required.--On the request of a person intending 
                to carry out a filming or still photography 
                activity, the Secretary concerned may issue a 
                permit for the filming or still photography 
                activity, even if a permit for the filming or 
                still photography activity is not required 
                under this section.
                  ``(B) No additional permits, commercial use 
                authorizations, or fees for filming and still 
                photography at authorized events.--A filming or 
                still photography activity at an activity or 
                event that is allowed or authorized, including 
                a wedding, engagement party, family reunion, or 
                celebration of a graduate, shall be considered 
                merely incidental for the purposes of paragraph 
                (2)(B).
                  ``(C) Monetary compensation.--The receipt of 
                monetary compensation by the person engaged in 
                the filming or still photography activity shall 
                not affect the permissibility of the filming or 
                still photography activity.
    ``(b) Fees and Recovery Costs.--
          ``(1) Fees.--The reasonable fees referred to in 
        subsection (a)(4) shall meet each of the following 
        criteria:
                  ``(A) The reasonable fee shall provide a fair 
                return to the United States.
                  ``(B) The reasonable fee shall be based on 
                the following criteria:
                          ``(i) The number of days of the 
                        filming or still photography activity.
                          ``(ii) The size of the film or still 
                        photography crew present at the Federal 
                        land management unit.
                          ``(iii) The quantity and type of film 
                        or still photography equipment present 
                        at the Federal land management unit.
                          ``(iv) Any other factors that the 
                        Secretary concerned determines to be 
                        necessary.
          ``(2) Recovery of costs.--
                  ``(A) In general.--The Secretary concerned 
                shall collect from the applicant for the 
                applicable permit any costs incurred by the 
                Secretary concerned related to a filming or 
                still photography activity subject to a permit 
                under subsection (a)(4), including--
                          ``(i) the costs of the review or 
                        issuance of the permit; and
                          ``(ii) related administrative and 
                        personnel costs.
                  ``(B) Effect on fees collected.--All costs 
                recovered under subparagraph (A) shall be in 
                addition to the fee described in paragraph (1).
          ``(3) Use of proceeds.--
                  ``(A) Fees.--All fees collected under this 
                section shall--
                          ``(i) be available for expenditure by 
                        the Secretary concerned, without 
                        further appropriation; and
                          ``(ii) remain available until 
                        expended.
                  ``(B) Costs.--All costs recovered under 
                paragraph (2)(A) shall--
                          ``(i) be available for expenditure by 
                        the Secretary concerned, without 
                        further appropriation, at the Federal 
                        land management unit at which the costs 
                        are collected; and
                          ``(ii) remain available until 
                        expended.
    ``(c) Protection of Resources.--The Secretary concerned 
shall not allow a person to undertake a filming or still 
photography activity if the Secretary concerned determines 
that--
          ``(1) there is a likelihood that the person would 
        cause resource damage at the Federal land management 
        unit, except as otherwise authorized;
          ``(2) the person would create an unreasonable 
        disruption of the use and enjoyment by the public of 
        the Federal land management unit; or
          ``(3) the filming or still photography activity poses 
        a health or safety risk to the public.
    ``(d) Processing of Permit Applications.--
          ``(1) In general.--The Secretary concerned shall 
        establish a process to ensure that the Secretary 
        concerned responds in a timely manner to an application 
        for a permit for a filming or still photography 
        activity required under subsection (a)(4).
          ``(2) Coordination.--If a permit is required under 
        this section for 2 or more Federal agencies or Federal 
        land management units, the Secretary concerned and the 
        head of any other applicable Federal agency, as 
        applicable, shall, to the maximum extent practicable, 
        coordinate permit processing procedures, including 
        through the use of identifying a lead agency or lead 
        Federal land management unit--
                  ``(A) to review the application for the 
                permit;
                  ``(B) to issue the permit; and
                  ``(C) to collect any required fees.
    ``(e) Definitions.--In this section:
          ``(1) Federal land management unit.--The term 
        `Federal land management unit' means--
                  ``(A) Federal land (other than National Park 
                System land) under the jurisdiction of the 
                Secretary of the Interior; and
                  ``(B) National Forest System land.
          ``(2) Secretary concerned.--The term `Secretary 
        concerned' means--
                  ``(A) the Secretary of the Interior, with 
                respect to land described in paragraph (1)(A); 
                and
                  ``(B) the Secretary of Agriculture, with 
                respect to land described in paragraph 
                (1)(B).''.

SEC. 402. VOLUNTEER ENHANCEMENT PROGRAM.

    The Volunteers in the National Forests Act of 1972 (16 
U.S.C. 558a et seq.) is amended--
          (1) by striking section 5;
          (2) by redesignating the first section and sections 
        2, 3, and 4 as sections 4, 5, 6, and 9, respectively;
          (3) by inserting before section 4 (as so 
        redesignated) the following:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Volunteers in the National 
Forests and Public Land Act'.

``SEC. 2. PURPOSE.

    ``The purpose of this Act is to leverage volunteer 
engagement to supplement projects carried out by the 
Secretaries to fulfill the missions of the Forest Service and 
the Bureau of Land Management that are accomplished with 
appropriated funds.

``SEC. 3. DEFINITION OF SECRETARIES.

    ``In this Act, the term `Secretaries' means each of--
          ``(1) the Secretary of Agriculture, acting through 
        the Chief of the Forest Service; and
          ``(2) the Secretary of the Interior, acting through 
        the Director of the Bureau of Land Management.'';
          (4) in section 4 (as so redesignated)--
                  (A) by striking the section designation and 
                all that follows through ``(hereinafter 
                referred to as the `Secretary') is'' in the 
                first sentence and inserting the following:

``SEC. 4. AUTHORIZATION.

    ``The Secretaries are'';
                  (B) in the first sentence--
                          (i) by inserting ``and'' after 
                        ``civil service'';
                          (ii) by inserting ``recreation 
                        access, trail construction or 
                        maintenance, facility construction or 
                        maintenance, educational uses 
                        (including outdoor classroom 
                        construction or maintenance),'' after 
                        ``for or in aid of''; and
                          (iii) by striking ``Secretary through 
                        the Forest Service'' and inserting 
                        ``Secretaries'''; and
                  (C) in the second sentence, by striking 
                ``Secretary'' and inserting ``Secretaries'';
          (5) in section 5 (as so redesignated)--
                  (A) by striking the section designation and 
                all that follows through ``Secretary is''' and 
                inserting the following:

``SEC. 5. INCIDENTAL EXPENSES.

    ``The Secretaries are''; and
                  (B) by inserting ``training, equipment,'' 
                after ``lodging,'';
          (6) in section 6 (as so redesignated)--
                  (A) by striking the section designation and 
                all that follows through ``(a) Except as''' and 
                inserting the following:

``SEC. 6. CONSIDERATION AS FEDERAL EMPLOYEE.

    ``(a) Except as''; and
                  (B) in subsection (e)--
                          (i) in the matter preceding paragraph 
                        (1), by striking ``the Secretary'' and 
                        inserting ``either of the 
                        Secretaries'';
                          (ii) in paragraph (1), by striking 
                        ``with the Secretary'' and inserting 
                        ``or cooperative agreement with either 
                        of the Secretaries''; and
                          (iii) in paragraph (2)--
                                  (I) in the matter preceding 
                                subparagraph (A), by striking 
                                ``the Secretary in the mutual 
                                benefit agreement'' and 
                                inserting ``either of the 
                                Secretaries in the mutual 
                                benefit agreement or 
                                cooperative agreement'';
                                  (II) in subparagraph (A), by 
                                striking ``to be performed by 
                                the volunteers'' and inserting 
                                ``, including the geographic 
                                boundaries of the work to be 
                                performed by the volunteers,'';
                                  (III) in subparagraph (B), by 
                                striking ``and'' at the end;
                                  (IV) in subparagraph (C)--
                                          (aa) by striking 
                                        ``the Secretary, when 
                                        feasible'' and 
                                        inserting ``either of 
                                        the Secretaries, if 
                                        feasible and only if 
                                        necessary''; and
                                          (bb) by striking the 
                                        period at the end and 
                                        inserting a semicolon; 
                                        and
                                  (V) by adding at the end the 
                                following:
                  ``(D) the equipment the volunteers are 
                authorized to use;
                  ``(E) the training the volunteers are 
                required to complete;
                  ``(F) the actions the volunteers are 
                authorized to take; and
                  ``(G) any other terms and conditions that are 
                determined to be necessary by the applicable 
                Secretary.'';
          (7) by inserting before section 9 (as so 
        redesignated), the following:

``SEC. 7. PROMOTION OF VOLUNTEER OPPORTUNITIES.

    ``The Secretaries shall promote volunteer opportunities in 
areas administered by the Secretaries.

``SEC. 8. LIABILITY INSURANCE.

    ``The Secretaries shall not require a cooperator or 
volunteer (as those terms are used in section 6) to have 
liability insurance to provide the volunteer services 
authorized under this Act.''; and
          (8) in section 9 (as so redesignated), by striking 
        the section designation and all that follows through 
        ``There are'' and inserting the following:

``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    ``There are''.

SEC. 403. CAPE AND ANTLER PRESERVATION ENHANCEMENT.

    Section 104909(c) of title 54, United States Code, is 
amended by striking ``meat from'' and inserting ``meat and any 
other part of an animal removed pursuant to''.

SEC. 404. FEDERAL LAND AND WATER AQUATIC RESOURCE ACTIVITIES 
                    ASSISTANCE.

    (a) Definitions.--In this section:
          (1) Aquatic nuisance species task force.--The term 
        ``Aquatic Nuisance Species Task Force'' means the 
        Aquatic Nuisance Species Task Force established by 
        section 1201(a) of the Nonindigenous Aquatic Nuisance 
        Prevention and Control Act of 1990 (16 U.S.C. 4721(a)).
          (2) Federal land and water.--The term ``Federal land 
        and water'' means Federal land and water operated and 
        maintained by the Bureau of Land Management, Bureau of 
        Reclamation, or the National Park Service, as 
        applicable.
          (3) Inspection.--The term ``inspection'' means an 
        inspection to prevent and respond to biological 
        invasions of an aquatic ecosystem.
          (4) Partner.--The term ``partner'' means--
                  (A) a Reclamation State;
                  (B) an Indian Tribe in a Reclamation State;
                  (C) an applicable nonprofit organization in a 
                Reclamation State; or
                  (D) a unit of local government in a 
                Reclamation State.
          (5) Reclamation state.--The term ``Reclamation 
        State'' includes any of the States of--
                  (A) Alaska;
                  (B) Arizona;
                  (C) California;
                  (D) Colorado;
                  (E) Idaho;
                  (F) Kansas;
                  (G) Montana;
                  (H) Nebraska;
                  (I) Nevada;
                  (J) New Mexico;
                  (K) North Dakota;
                  (L) Oklahoma;
                  (M) Oregon;
                  (N) South Dakota;
                  (O) Texas;
                  (P) Utah;
                  (Q) Washington; and
                  (R) Wyoming.
    (b) Authority of Bureau of Land Management, Bureau of 
Reclamation, and National Park Service With Respect to Certain 
Aquatic Resource Activities on Federal Land and Water.--
          (1) In general.--The Secretary, acting through the 
        Director of the Bureau of Land Management, the 
        Commissioner of Reclamation, and the Director of the 
        National Park Service, may inspect and decontaminate 
        vessels entering and leaving Federal land and water 
        located within a river basin that contains a Bureau of 
        Reclamation water project.
          (2) Requirements.--The Secretary, acting through the 
        Director of the Bureau of Land Management, the 
        Commissioner of Reclamation, and the Director of the 
        National Park Service, shall--
                  (A) in carrying out an inspection under 
                paragraph (1), coordinate with 1 or more 
                partners;
                  (B) consult with the Aquatic Nuisance Species 
                Task Force to identify potential improvements 
                and efficiencies in the detection and 
                management of invasive species on Federal land 
                and water; and
                  (C) to the maximum extent practicable, 
                inspect vessels in a manner that minimizes 
                disruptions to public access for boating and 
                recreation in noncontaminated vessels.
          (3) Partnerships.--The Secretary, acting through the 
        Director of the Bureau of Land Management, the 
        Commissioner of Reclamation, and the Director of the 
        National Park Service, may enter into a partnership to 
        provide technical assistance to a partner--
                  (A) to carry out an inspection or 
                decontamination of vessels; or
                  (B) to establish an inspection and 
                decontamination station for vessels.
          (4) Limitation.--The Secretary, acting through the 
        Director of the Bureau of Land Management, the 
        Commissioner of Reclamation, and the Director of the 
        National Park Service, shall not prohibit access to 
        vessels under this subsection in the absence of an 
        inspector.
          (5) Data sharing.--The Secretary, acting through the 
        Director of the Bureau of Land Management, the 
        Commissioner of Reclamation, and the Director of the 
        National Park Service, shall make available to a 
        Reclamation State any data gathered related to 
        inspections carried out in the Reclamation State under 
        this subsection.
    (c) Grant Program for Reclamation States for Vessel 
Inspection and Decontamination Stations.--
          (1) Vessels inspections in reclamation states.--
        Subject to the availability of appropriations, the 
        Secretary, acting through the Commissioner of 
        Reclamation, shall establish a competitive grant 
        program to provide grants to partners to conduct 
        inspections and decontamination of vessels operating in 
        reservoirs operated and maintained by the Secretary, 
        including to purchase, establish, operate, or maintain 
        a vessel inspection and decontamination station.
          (2) Cost share.--The Federal share of the cost of a 
        grant under paragraph (1), including personnel costs, 
        shall not exceed 75 percent.
          (3) Standards.--Before awarding a grant under 
        paragraph (1), the Secretary shall determine that the 
        project is technically and financially feasible.
          (4) Coordination.--In carrying out this subsection, 
        the Secretary shall coordinate with--
                  (A) each of the Reclamation States;
                  (B) affected Indian Tribes; and
                  (C) the Aquatic Nuisance Species Task Force.

SEC. 405. AMENDMENTS TO THE MODERNIZING ACCESS TO OUR PUBLIC LAND ACT.

    The Modernizing Access to Our Public Land Act (Public Law 
117-114) is amended--
          (1) in section 3(1), by striking ``public outdoor 
        recreational use'' and inserting ``recreation sites'';
          (2) in section 5(a)(4), by striking ``permanently 
        restricted or prohibited'' and inserting ``regulated or 
        closed''; and
          (3) in section 6(b)--
                  (A) by striking ``may'' and inserting 
                ``shall''; and
                  (B) by striking ``the Secretary of the 
                Interior'' and inserting ``the Secretaries''.

SEC. 406. OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM.

    (a) Definitions.--In this section:
          (1) Eligible entity.--The term ``eligible entity'' 
        means an entity that represents or otherwise serves a 
        qualifying urban area.
          (2) Eligible nonprofit organization.--The term 
        ``eligible nonprofit organization'' means an 
        organization that is described in section 501(c)(3) of 
        the Internal Revenue Code of 1986 and is exempt from 
        taxation under section 501(a) of such code.
          (3) Entity.--The term ``entity'' means--
                  (A) a State;
                  (B) a political subdivision of a State, 
                including--
                          (i) a city;
                          (ii) a county; and
                          (iii) a special purpose district that 
                        manages open space, including a park 
                        district; and
                  (C) an Indian Tribe, urban Indian 
                organization, or Alaska Native or Native 
                Hawaiian community or organization.
          (4) Low income community.--The term ``low-income 
        community'' means any census block group in which 30 
        percent or more of the population are individuals with 
        an annual household equal to, or less than, the greater 
        of--
                  (A) an amount equal to 80 percent of the 
                median income of the area in which the 
                household is located, as reported by the 
                Department of Housing and Urban Development; 
                and
                  (B) an amount equal to 200 percent of the 
                Federal poverty line.
          (5) Outdoor recreation legacy partnership program.--
        The term ``Outdoor Recreation Legacy Partnership 
        Program'' means the program established under 
        subsection (b)(1).
          (6) Qualifying urban area.--The term ``qualifying 
        urban area'' means--
                  (A) an urbanized area or urban cluster that 
                has a population of 25,000 or more in the most 
                recent census;
                  (B) 2 or more adjacent urban clusters with a 
                combined population of 25,000 or more in the 
                most recent census; or
                  (C) an area administered by an Indian Tribe 
                or an Alaska Native or Native Hawaiian 
                community organization.
          (7) State.--The term ``State'' means each of the 
        several States, the District of Columbia, and each 
        territory of the United States.
    (b) Grants Authorized.--
          (1) Establishment of program.--
                  (A) In general.--The Secretary shall 
                establish an outdoor recreation legacy 
                partnership program under which the Secretary 
                may award grants to eligible entities for 
                projects--
                          (i) to acquire land and water for 
                        parks and other outdoor recreation 
                        purposes in qualifying urban areas; and
                          (ii) to develop new or renovate 
                        existing outdoor recreation facilities 
                        that provide outdoor recreation 
                        opportunities to the public in 
                        qualifying urban areas.
                  (B) Priority.--In awarding grants to eligible 
                entities under subparagraph (A), the Secretary 
                shall give priority to projects that--
                          (i) create or significantly enhance 
                        access to park and recreational 
                        opportunities in an urban neighborhood 
                        or community;
                          (ii) engage and empower underserved 
                        communities and youth;
                          (iii) provide employment or job 
                        training opportunities for youth or 
                        underserved communities;
                          (iv) establish or expand public-
                        private partnerships, with a focus on 
                        leveraging resources; and
                          (v) take advantage of coordination 
                        among various levels of government.
          (2) Matching requirement.--
                  (A) In general.--As a condition of receiving 
                a grant under paragraph (1), an eligible entity 
                shall provide matching funds in the form of 
                cash or an in-kind contribution in an amount 
                equal to not less than 100 percent of the 
                amounts made available under the grant.
                  (B) Waiver.--The Secretary may waive all or 
                part of the matching requirement under 
                subparagraph (A) if the Secretary determines 
                that--
                          (i) no reasonable means are available 
                        through which the eligible entity can 
                        meet the matching requirement; and
                          (ii) the probable benefit of the 
                        project outweighs the public interest 
                        in the matching requirement.
                  (C) Administrative expenses.--Not more than 
                10 percent of funds provided to an eligible 
                entity under a grant awarded under paragraph 
                (1) may be used for administrative expenses.
          (3) Considerations.--In awarding grants to eligible 
        entities under paragraph (1), the Secretary shall 
        consider the extent to which a project would--
                  (A) provide recreation opportunities in 
                underserved communities in which access to 
                parks is not adequate to meet local needs;
                  (B) provide opportunities for outdoor 
                recreation and public land volunteerism;
                  (C) support innovative or cost-effective ways 
                to enhance parks and other recreation--
                          (i) opportunities; or
                          (ii) delivery of services;
                  (D) support park and recreation programming 
                provided by cities, including cooperative 
                agreements with community-based eligible 
                nonprofit organizations;
                  (E) develop Native American event sites and 
                cultural gathering spaces; and
                  (F) provide benefits such as community 
                resilience, reduction of urban heat islands, 
                enhanced water or air quality, or habitat for 
                fish or wildlife.
          (4) Eligible uses.--
                  (A) In general.--Subject to subparagraph (B), 
                a grant recipient may use a grant awarded under 
                paragraph (1) for a project described in 
                subparagraph (A) or (B) of that paragraph.
                  (B) Limitations on use.--A grant recipient 
                may not use grant funds for--
                          (i) incidental costs related to land 
                        acquisition, including appraisal and 
                        titling;
                          (ii) operation and maintenance 
                        activities;
                          (iii) facilities that support 
                        semiprofessional or professional 
                        athletics;
                          (iv) indoor facilities, such as 
                        recreation centers or facilities that 
                        support primarily non-outdoor purposes; 
                        or
                          (v) acquisition of land or interests 
                        in land that restrict access to 
                        specific persons.
    (c) Review and Evaluation Requirements.--In carrying out 
the Outdoor Recreation Legacy Partnership Program, the 
Secretary shall--
          (1) conduct an initial screening and technical review 
        of applications received;
          (2) evaluate and score all qualifying applications; 
        and
          (3) provide culturally and linguistically appropriate 
        information to eligible entities (including low-income 
        communities and eligible entities serving low-income 
        communities) on--
                  (A) the opportunity to apply for grants under 
                this section;
                  (B) the application procedures by which 
                eligible entities may apply for grants under 
                this section; and
                  (C) eligible uses for grants under this 
                section.
    (d) Reporting.--
          (1) Annual reports.--Not later than 30 days after the 
        last day of each report period, each State lead agency 
        that receives a grant under this section shall annually 
        submit to the Secretary performance and financial 
        reports that--
                  (A) summarize project activities conducted 
                during the report period; and
                  (B) provide the status of the project.
          (2) Final reports.--Not later than 90 days after the 
        earlier of the date of expiration of a project period 
        or the completion of a project, each State lead agency 
        that receives a grant under this section shall submit 
        to the Secretary a final report containing such 
        information as the Secretary may require.

SEC. 407. RECREATION BUDGET CROSSCUT.

    Not later than 30 days after the end of each fiscal year, 
beginning with fiscal year 2023, the Director of the Office of 
Management and Budget shall submit to Congress and make public 
online a report that describes and itemizes the total amount of 
funding relating to outdoor recreation that was obligated in 
the preceding fiscal year in accounts in the Treasury for the 
Department of the Interior and the Department of Agriculture.

                                Purpose

    The purpose of S. 3266 is to improve recreation 
opportunities on, and facilitate greater access to, Federal 
public land.

                          Background and Need

    America's vast outdoor recreation resources, particularly 
those located on Federal land, play a vital role in enhancing 
people's lives and well-being. These resources also provide 
conservation benefits and critical economic support to local 
communities and businesses.
    The first major Federal law passed specific to outdoor 
recreation was the Outdoor Recreation Act of 1963 (Public Law 
88-29, now codified at 54 U.S.C. 200101-200104). The Land and 
Water Conservation Fund Act (Public Law 88-578, now codified at 
54 U.S.C. 100101 et seq.), enacted in 1964, also helped to 
establish our Nation's outdoor recreation policy. Subsequently, 
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801-
6814) was enacted in 2004 as part of the Omnibus Appropriations 
Act of 2005, and the Modernizing Access to Our Public Land Act 
(Public Law 117-114, 16 U.S.C. 6851-6857) was enacted in 2022. 
As visitation to Federal recreational lands has increased over 
the last several decades, new challenges have presented 
themselves, necessitating an update to existing laws, including 
those related to permitting, and Federal agency regulations 
implementing those laws, and necessitating new approaches to 
addressing infrastructure. S. 3266 would provide needed updates 
to these existing laws.

                          Legislative History

    S. 3266 was introduced on November 18, 2021 by Senators 
Manchin and Barrasso. The Committee on Energy and Natural 
Resources held a hearing on S. 3266 on December 2, 2021. During 
a Business Meeting on May 3, 2022, the Committee on Energy and 
Natural Resources ordered S. 3266 to be reported favorably with 
an amendment in the nature of a substitute.

                        Committee Recomendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 3, 2022, by a majority voice vote 
of a quorum present, recommends that the Senate pass S. 3266, 
as amended as described herein.

                          Committee Amendment

    During its consideration of S. 3266, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
expands the scope of S. 3266 as introduced to include 
provisions of 9 other bills related to outdoor recreation 
pending before the Committee. These bills are:
           S. 1229, Simplifying Outdoor Access for 
        Recreation Act;
           S. 1269, A bill to require the Secretary of 
        the Interior and the Secretary of Agriculture to 
        complete an interagency report on the effects of 
        special recreation permits on environmental justice 
        communities, and for other purposes;
           S. 1616, Federal Interior Land Media Act;
           S. 1874, Recreation Not Red Tape Act;
           S. 2258, Parks, Jobs, and Equity Act;
           S. 2886, Cape and antler Preservation 
        Enhancement Act;
           S. 2887, Outdoors for All Act;
           S. 3264, Biking on Long-Distance Trails Act; 
        and
           S. 3551, Gateway Community and Recreation 
        Enhancement Act.

                      Section by Section Analysis


Section 1. Short title; Table of contents

    Section 1 establishes the short title of the bill as 
``America's Outdoor Recreation Act of 2022'' and a table of 
contents.

Sec. 2. Definitions

    Section 2 establishes definitions for the bill.

             Title I--Outdoor Recreation and Infrastructure


                   SUBTITLE A--DECLARATION OF POLICY

Sec. 111. Declaration of policy

    This section declares that it is the policy of the Federal 
Government to foster and encourage recreation on Federal land, 
consistent with relevant agencies' multiple use missions and 
the laws applicable to specific areas of Federal land.

 SUBTITLE B--PUBLIC RECREATION ON FEDERAL RECREATIONAL LANDS AND WATERS

Sec. 121. Biking on long-distance trails

    This section directs Federal land management agencies to 
identify not fewer than 10 long-distance bike trails (i.e., 
bike trails with at least 80 miles in total length on Federal 
land), and 10 areas where there is an opportunity to develop or 
complete long-distance bike trails. For any existing trails 
identified, the Secretaries may publish and distribute maps, 
install signage, and issue promotional materials. Prior to any 
trail identification, the Secretaries are required to ensure 
that identification would not conflict with an existing use of 
a trail or road, including horseback riding. This section 
further requires the Secretaries to issue a report that lists 
the trails identified under this section.

Sec. 122. Forest service climbing guidance

    This section directs the Forest Service to issue guidance 
on climbing management in designated wilderness areas on 
National Forests. Such guidance must recognize the 
appropriateness of recreational climbing in such areas, 
including the placement and maintenance of fixed anchors, and 
the use of other equipment necessary for recreational climbing.

Sec. 123. Designated target shooting ranges

    This section requires the Forest Service and the Bureau of 
Land Management (BLM) to seek to ensure that each National 
Forest and BLM district has at least one designated target 
shooting range that is open to the public and does not require 
a user fee. Agencies are to cooperate with non-federal 
stakeholders and partners and ensure that any shooting range 
constructed under this section will not adversely impact any 
target shooting ranges operated by nonfederal entities. 
Agencies may coordinate with non-Federal entities, and explore 
opportunities to leverage funding to maximize non-Federal 
investments in the construction, operation, and maintenance of 
target shooting ranges. This section allows a target shooting 
range located on land transferred pursuant to the Recreation 
and Public Purposes Act to count as a designated target 
shooting range under this section.

            SUBTITLE C--IMPROVING RECREATION INFRASTRUCTURE

Sec. 131. Broadband internet connectivity at recreation sites

    This section directs the Forest Service and BLM to publish 
a list of high-priority developed Federal recreation sites that 
lack broadband internet and to estimate the cost to equip those 
sites with broadband. This section also directs agencies to 
partner with the Rural Utilities Service to foster the 
installation of broadband internet infrastructure at developed 
recreation sites.

Sec. 132. Extension of seasonal recreation opportunities

    This section directs the Department of the Interior (DOI) 
and the Forest Service to better understand visitor trends, the 
effect of seasonal closures of Federal land on adjacent 
businesses and local tax revenue, and opportunities to extend 
the period of time Federal land is open to the public during 
seasonal closures to increase associated revenues for 
businesses and local governments. This section directs the 
agencies to make efforts to minimize seasonal closures on lands 
where such closures prevent recreational activities that 
provide economic benefits.

Sec. 133. Gateway communities.

    This section directs DOI and the Forest Service to 
collaborate with State and local governments, housing 
authorities, trade associations, and nonprofits to identify 
needs and economic impacts in gateway communities. Further, 
this section directs the Secretary of Agriculture, in 
coordination with the Secretaries of the Interior and Commerce, 
to provide financial and technical assistance to gateway 
communities (adjacent to recreation destinations, including 
non-Federal recreation destinations) to establish, operate, or 
expand infrastructure to accommodate visitation, including 
hotels and restaurants. Assistance that may be provided 
includes training programs, technical assistance, low-interest 
business loans, and loan guarantees.

Sec. 134. Parking oportunities for federal recreational lands and 
        waters

    This section directs DOI and the Forest Service to seek to 
increase parking opportunities for people recreating on their 
lands. In order to ensure that such efforts do not add to the 
deferred maintenance backlog, this section allows the agencies 
to enter into public-private partnerships and lease non-Federal 
land for parking opportunities.

Sec. 135. Travel management

    This section directs the BLM and Forest Service to have 
maps available to the public depicting where vehicles are 
allowed and where they are prohibited, as well as to update 
them periodically to ensure the maps do not become outdated. In 
carrying out this section, agencies are required to increase 
opportunities for motorized and non-motorized access and 
experiences on Federal land.

Sec. 136. Public-private partnerships to modernize federally-owned 
        campgrounds, resorts, cabins, and visitor centers on federal 
        recreational lands and waters

    This section directs DOI and the Forest Service to 
establish a pilot program for public-private partnership 
agreements to modernize campgrounds and buildings on Forest 
Service and BLM land. Agreements are not to exceed 30 years and 
must include certain capital expenditure and maintenance 
requirements. At least one agreement would be required for each 
region of the National Forest System and for five States in 
which the BLM administers land.

Sec. 137. Forest service pay-for-performance partnerships

    This section establishes a pilot program to formally 
authorize financing partnerships on National Forest service 
lands for recreation projects. This section allows the agency 
to enter into project agreements with private sector partners 
that agree to pay for all or part of projects on Forest Service 
lands as a long-term investment, using an innovative funding 
model where investments are paid in full when specified 
recreation-related outcomes are met. Project agreements cannot 
be longer than 20 years or exceed $15 million.

                         SUBTITLE D--ENGAGEMENT

Sec. 141. Identifying opportunities for recreation

    Consistent with the direction provided in Federal Land 
Policy and Management Act (FLPMA) and the Outdoor Recreation 
Act of 1963, this section requires the Federal land management 
agencies to conduct an inventory and assessment of current 
recreation resources, to identify any trends relating to use, 
and consider future recreation needs. After identifying 
underutilized locations, the agencies must consider the 
suitability for developing, expanding, or enhancing these 
recreation resources. After, the agencies are to select high-
value recreation resources at which to expand and encourage 
recreation use. To avoid duplicative efforts, the agencies may 
use existing work already completed or in progress for similar 
inventories required under FLPMA. This section does not affect 
land management plans, but actions undertaken pursuant this 
section are to be consistent with any applicable existing 
management plans.
    Subsection (e) of this section repeals subsection (d) of 
section 200103 of title 54, United States Code, relating to the 
formulation and maintenance of a comprehensive nationwide 
outdoor recreation plan.

Sec. 142. Federal interagency council on outdoor recreation

    This section establishes a Federal Interagency Council on 
Outdoor Recreation to help coordinate the implementation of 
this Act across multiple Federal departments and agencies, and 
applicable State and local agencies and offices.

Sec. 143. Informing the public of access closures

    This section requires relevant land management agencies to 
post on their website notifications of any temporary closures 
of roads and trails on the respective unit.

Sec. 144. Improved recreation visitation data

    This section directs the Forest Service and certain 
agencies within the DOI to establish a single visitation data 
system to collect, model, and report accurate annual visitation 
data, categorizing the data to capture estimates of different 
recreation activities. This section also establishes the Real-
time Data Pilot Program to make available to the public real-
time or predictive visitation data for Federal lands. The pilot 
program is only to be carried out in areas where gateway 
communities are supportive, and in coordination with community 
partners and third-party providers, such as technology and data 
companies.

Sec. 145. Monitoring for improved recreation decisionmaking

    This section requires relevant land management agencies to 
pilot the use of new techniques to try to count visitors that 
participate in forms visitation that have been historically 
difficult to track.

Sec. 146. Access for servicemembers and veterans

    This section encourages the Secretaries of Agriculture and 
of the Interior to work with the Secretaries of Defense and 
Veterans Affairs to ensure servicemembers and veterans have 
access to outdoor recreation and outdoor-related volunteer 
wellness programs.

Sec. 147. Increasing youth recreation visits to federal land

    This section requires the Department of Agriculture and DOI 
to develop a national strategy to increase youth recreation on 
Federal lands.

  Title II--Amendments to the Federal Lands Recreation Enhancement Act


Sec. 201. Short title

    This section amends section 801 of the Federal Lands 
Recreation Enhancement Act (FLREA) to eliminate the table 
contents in section 801(b).

Sec. 202. Definitions

    This section amends section 802 of FLREA to place the 
definitions in alphabetical order and add new definitions for 
the terms ``recreation service provider'' and ``special 
recreation permit.''

Sec. 203. Special recreation permits and fees

    This section amends section 803 of FLREA to include special 
recreation permits and fees. Specifically, this section 
codifies direction to land management agencies to develop and 
make special recreation permit applications available to the 
public. Upon receipt of such applications, the agencies may 
issue special recreation permits to applicants (which may 
include an authorization for incidental sales).
    As amended by this section, section 803 allows land 
management agencies to charge a special recreation permit fee 
for the issuance of a special recreation permit. Specifically, 
it allows the agency to charge fees one of several different 
ways: a predetermined fee based on visitor-use days or a flat 
rate, or one of two calculations based on gross receipts. In 
most of these cases, the permittee chooses the fee regime that 
will apply for their permit. This section does not affect 
commercial use authorizations or cost recovery.
    This section relocates existing provisions of law 
pertaining to the disclosure of fees to section 803 of FLREA, 
including the requirement to post entrance fee requirements. 
Additionally, this section requires the agencies to disclose, 
at the point of collection, how much money is being collected 
annually and how the money is being spent. This section allows 
a recreation service provider to inform its customers of any 
fees charged by agencies under FLREA.
    Subsection (b) is a conforming amendment that strikes 
section 804(e) of FLREA.

Sec. 204. Online collection of certain recreation fees

    Section 204 adds a new subsection (j) to section 803 of 
FLREA to allow Federal land management agencies to collect 
online payment for entrance fees, standard and expanded amenity 
recreation fees, and special recreation permit fees.

Sec. 205. Online purchases and establishment of a digital version of 
        America the Beautiful--the National Parks and Federal 
        Recreational passes

    Section 205 amends section 805(a) of FLREA to direct DOI 
and the Forest Service to sell the America the Beautiful--the 
National Parks and Federal Recreational Lands Pass online, in 
addition to in-person sale locations currently authorized under 
law. In addition, this section directs DOI and Forest Service 
to create a digital version of the pass to be used by the 
public.

Sec. 206. Availability of Federal, State, and local recreation passes

    Section 206 amends section 806 of FLREA to allow Federal 
agencies, on the request of a State or county, to sell State or 
county entrance or recreational passes. The Secretaries may 
collect fees flowing from such sales, and are required to 
transfer any collected funds to the applicable State or county.

Sec. 207. Use of special recreation permit fee revenue

    Section 207 amends section 808 of FLREA to allow fee 
revenues currently retained at the site of collection to be 
used to improve the special recreation permitting program (in 
addition to all current allowable expenditures).

Sec. 208. Permanent authorization

    Section 208 permanently authorizes FLREA by repealing the 
sunset provision in section 810 of FLREA.

    Title III--Special Recreation Permits for Outfitting and Guiding


SUBTITLE A--ADMINISTRATION OF SPECIAL RECREATION PERMITS FOR OUTFITTING 
                              AND GUIDING

Sec. 311. Permit administration

    This section requires land management agencies to publish 
on their websites when certain additional permit opportunities 
are available to outfitting and guiding businesses. Further, 
this section directs them to provide email subscriptions for 
potential applicants, notifying them of permit availability. 
Finally, this section requires agencies to respond to an 
applicant within 60 days of receipt of an application for a 
special recreation permit.

Sec. 312. Forest Service and Bureau of Land Management transitional 
        special recreation permits for outfitting and guiding

    This section directs relevant land management agencies to 
implement a program to issue special recreation permits that 
are for terms of two years that have the ability to be 
converted to 5 or 10-year terms, provided that certain 
requirements are met.

Sec. 313. Surrender of unused visitor-use days

    This section specifies that a recreation service provider 
may notify relevant agencies of its inability to use the days 
allocated to them under their permit, and to surrender those 
days for temporary reassignment to other outdoor recreation 
service providers and the unguided public.

Sec. 314. Permit reviews

    This section requires agencies to periodically review the 
performance of recreation service providers with longer-term, 
outfitter and guide-related special recreation permits. It also 
requires the Forest Service and allows DOI agencies to review 
whether all of the days made available to recreation service 
providers under their permit are being used. In making the 
latter determination, this section allows for recreation 
service providers to not be penalized for not using days if 
conditions exist beyond a recreation service provider's 
control. In addition, this section incentivizes recreation 
service providers to make available to others any days that 
they were allocated but not able to use.

Sec. 315. Adjustment of allocated visitor-use days

    This section establishes a framework that agencies may use 
to adjust the number of days available under longer-term 
permits after reviews required under section 314 are completed. 
Further, this section allows agencies to assign additional 
visitor-use days to special recreation permits.

   SUBTITLE B--ADDITIONAL PROVISIONS RELATING TO SPECIAL RECREATION 
                                PERMITS

Sec. 321. Permitting process improvements

    This section directs agencies to evaluate the current 
permitting process and to identity opportunities to decrease 
duplicative processes, costs, and permitting times in order to 
simplify the special recreation permitting process. In 
addition, this section directs the agencies to evaluate the 
wording and terms of their existing categorical exclusions to 
ensure consistency with this Act and to revise them as 
necessary.
    This section prohibits agencies from conducting a needs 
assessment as a condition of issuing a special recreation 
permit, unless specifically required under the Wilderness Act. 
This section also requires agencies to make permit applications 
available online. Lastly, this section specifies when agencies 
are to issue special recreation permits and when they are not 
required because the activities to be undertaken only would 
have nominal effects on resources and programs.

Sec. 322. Service first initiative and multijurisdictional trips

    Section 322 reauthorizes the ``Service First Initiative'' 
first established by section 330 of the Department of the 
Interior and Related Agencies Appropriations Act, 2001, and 
subsequently reauthorized, expanded, and made permanent in 
subsequent appropriations acts. Subsection (a) repeals the 
current statutory authorization for the Service First 
Initiative. Subsection (b) provides permanent authorization for 
the Initiative. Subsection (c) directs the Secretaries of the 
Interior and Agriculture to establish a pilot program that 
authorizes their agencies to issue a single joint special 
recreation permit for recreation activities that cross multiple 
agency boundaries. Subsection (c) requires agencies to issue at 
least 10 joint special recreation permits through at least 4 
different offices under the pilot, and to designate a lead 
agency for issuing and administering each permit under the 
pilot. Subsection (c)(4) requires that agencies retain their 
own respective authorities for permit issuance and enforcement, 
and does not prohibit any person or entity from applying for 
separate special recreation permits.

Sec. 323. Permit flexibility

    This section directs agencies to establish guidelines to 
allow permit holders to engage in new activities that are 
substantially similar to those authorized in their current 
permits without the issuance of entirely new and separate 
permits.

Sec. 324. Liability

    This section clarifies when relevant land management 
agencies may require a commercial general liability insurance 
policy as a condition of receiving a special recreation permit, 
except in the case of low-risk activities conducted under the 
permit, as well as the required contents of such policies. This 
section also provides an exemption for state or local 
government entities from the current requirement to indemnify 
the United States government, in certain circumstances. This 
section also allows recreation service providers to use 
liability release forms in states where such forms are allowed. 
It also directs the agencies to have consistent policies for 
regulating the use of waivers within 2 years of the date of 
enactment of this Act.

Sec. 325. Cost recovery reform

    This section clarifies that Federal land management 
agencies may collect and assess reasonable cost recovery fees 
from special recreation permit holders and applicants. This 
section stipulates that the agencies shall establish a de 
minimis threshold for cost recovery if work done for a 
permittee or applicant exceeds that de minimis threshold, the 
agencies may not back charge for hours below the threshold. 
This section also directs the agencies to process and charge 
fees on a prorated basis when work done for multiple special 
recreation permit applications overlaps. Finally, this section 
prohibits agencies from applying cost recovery for any 
programmatic environmental reviews.

Sec. 326. Permit relief for picnic areas

    This section allows groups providing outfitting and guiding 
services (including educational groups) to use picnic areas on 
Federal lands without requiring a permit, subject to size and 
frequency restrictions.

Sec. 327. Interagency report on special recreation permits for 
        underserved communities

    This section directs the Secretary of the Interior and the 
Secretary of Agriculture to issue a report on special 
recreation permits serving rural or urban, underserved 
communities relative to outdoor recreation opportunities. The 
Secretaries are to submit the report to Congress within three 
years.

                           SUBTITLE C--EFFECT

Sec. 331. Effect

    This section states that unless explicitly stated, nothing 
in title III of S. 3266 shall be construed as affecting the 
authority or responsibility of the Secretary of the Interior to 
award National Park Service concessions contracts or commercial 
use authorizations.

                   Title IV--Miscellaneous Provisions


Sec. 401. Filming and still photography within the National Park System 
        and on other Federal Land

    This section amends current law to modernize film and 
photography permitting on public lands to account for changing 
technology and social media, and to ensure that permitting 
determinations are appropriately based on actual impacts to 
resources instead of distinguishing between types of filming or 
photography, content, or financial gain. Subsection (a) amends 
54 U.S.C. 100905 relating to filming in units of the National 
Park System. Subsection (b) amends Public Law 106-206 relating 
to filming on other Federal land.
    Specifically, this section allows land management agencies 
to require permits and associated fees on recreational lands 
and waters for filming and photography that involve groups of 
more than eight people, or that do not adhere to certain 
requirements related to resource impacts. Further, this section 
prohibits permitting and fee requirements for filming and 
photography that is merely incidental to an otherwise 
authorized or allowable activity. In addition, this section 
directs the agencies to establish de minimis use authorizations 
for filming and photography activities that involve groups of 
six to eight people and that adhere to certain requirements 
related to resource impacts. Such authorizations are to be 
issued immediately upon request by an applicant.

Sec. 402. Volunteer Enhancement Program

    This section updates the Volunteers in the National Forests 
Act of 1972 (16 U.S.C. 558a-558d). Specifically, this section 
adds the BLM to the Act, renames the act the ``Volunteers in 
the National Forests and Public Land Act'', and adds a new 
section describing the purpose of the act. Further, this 
section adds additional authorized activities and expenses 
under the act and clarifies when the Secretary should supervise 
volunteers and that volunteers are not required to carry 
liability insurance to provide volunteer services under the 
Act.

Sec. 403. Cape and antler preservation enhancement

    This section amends section 104909 of title 54 of the 
United States Code, which currently authorizes (under certain 
conditions) qualified volunteers to participate in non-native 
wildlife management activities on National Park System land. 
Upon taking a non-native animal, current law allows the 
Secretary to authorize the donation and distribution of meat of 
the animal to certain entities. This section extends the scope 
of current law to include any other part of the animal--
including the cape, hide, horns and antlers.

Sec. 404. Federal land and aquatic resource activities assistance

    This section clarifies that relevant DOI agencies may 
inspect and decontaminate watercraft entering and leaving 
Federal land and water located within a river basin that 
contains a Bureau of Reclamation project. This section 
establishes a competitive grant program within the Bureau of 
Reclamation to help non-Federal partners conduct inspections 
and decontamination of watercraft around reservoirs 
administered by the DOI.
    In carrying out this section, DOI is to coordinate with 
non-Federal partners and consult the Aquatic Nuisance Species 
Task Force to identify potential improvements in the detection 
and management of invasive species on Federal land and water.

Sec. 405. Amendments to the Modernizing Access to our Public Land Act

    This section makes technical modifications to the 
Modernizing Access to Our Public Land Act, Public Law 117-114, 
which was enacted into law on April 29, 2022.

Sec. 406. Outdoor Recreation Legacy Partnership

    This section formally authorizes the DOI's Outdoor 
Recreational Legacy Partnership (ORLP) program, but lowers the 
threshold for areas to be eligible from 50,000 people to 25,000 
people and gives the National Park Service flexibilities to 
improve program operations.
    The OLRP program is a complementary grant program to the 
financial assistance to states authorized under 54 U.S.C. 
200305 (commonly referred to as the State and Local Assistance 
Program or the ``Stateside'' program. This section does not 
affect the allocation of funds under the Land and Water 
Conservation Fund in section 200304(b) of title 54, United 
States Code.

Sec. 407. Recreation budget crosscut

    This section requires the Office of Management and Budget 
to report the total amount of funding spent by the U.S. 
Government related to outdoor recreation after each fiscal 
year.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 3266 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 3266. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 3266, as ordered reported.

                   Congressionally Directed Spending

    S. 3266, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    At the December 2, 2021 hearing, the Department of 
Agriculture and the Department of the Interior provided the 
following testimonies on S. 3266 and related outdoor recreation 
bills (S. 1229, S. 1269, S. 1616, S. 1874, S. 2258, S. 2886, S. 
2887, and S. 3264) incorporated into S. 3266 by the joint staff 
amendment:

 Statement of Chris French, Deputy Chief, National Forest System, U.S. 
               Department of Agriculture, Forest Service

    Chairman Manchin, Ranking Member Barrasso, and Members of 
the Committee, thank you for the opportunity to present the 
views of the U.S. Department of Agriculture (USDA), Forest 
Service, regarding various public land management bills.
S.1229, Simplifying Outdoor Access for Recreation (SOAR) Act, and 
        S.1874, Recreation Not Red Tape Act
    The USDA Forest Service manages 155 national forests and 20 
national grasslands, comprising 193 million acres in 41 states 
and Puerto Rico. Outdoor recreation is a significant use of 
these lands which contain three million acres of lakes, 400,000 
miles of streams, 122 Wild and Scenic Rivers for rafting, 
kayaking and other watersports, and 159,000 miles of trails for 
horseback riding, hiking, snowmobiling, mountain biking, and 
more.
    The Forest Service is deeply committed to connecting all 
Americans to the outdoors, and we value the important role 
played by outfitters and guides, resorts, non-profit 
organizations, and others as partners in connecting people to 
recreation opportunities in the national forests and 
grasslands. Outdoor recreation attracts people to visit, live, 
and work in gateway and rural communities and supports the 
health, well-being, and economic vitality of those communities. 
Recreation on National Forest System lands contributes more 
than $13.5 billion to America's gross domestic product and 
supports more than 161,000 full and part-time jobs, the vast 
majority of which are in gateway and rural communities.
    In fiscal year 2020, the number of recreation visits to the 
National Forest System rose to 168 million, which represents a 
12% increase compared to 2019. Annual visitation to national 
forests and grasslands increases to 450 million visitors if we 
account for the number of people who pass through these 
beautiful forests to enjoy the scenery and travel on our scenic 
roads and byways. Recreation pressure has been particularly 
significant on national forests close to urban areas. Now, more 
than any other time in recent history, people have been making 
their way out to the national forests as Americans turn to 
their public lands for respite and relaxation during the COVID-
19 pandemic.
    Moreover, recreation on National Forest System lands 
sustains more private sector jobs than any other Forest Service 
program and provides the single largest economic stimulus for 
many local communities adjacent to or within National Forest 
System lands. Outdoor recreation opportunities and amenities 
are consistently ranked as one of the primary reasons people 
move to rural towns and can be a leading contributor to small 
town economies, and the Forest Service administers over 30,000 
recreation special use authorizations for activities that 
generate nearly $2 billion to their special use authorization 
holders. In particular, the Forest Service administers 122 ski 
area permits and approximately 8,000 outfitting and guiding 
permits.
    These permits enable private sector professionals and 
educational institutions to lead a range of activities on 
National Forest System lands, from whitewater rafting, downhill 
skiing, horseback riding, and big game hunting to youth 
education trips in the wilderness and scenic jeep tours. For 
many, these activities represent their first introduction to 
the outdoors, and the outfitters and guides they employ are 
often small businesses that generate jobs and income for local 
communities. Forest Service permit holders help connect 
Americans to their natural world and help restore mental health 
and maintain healthy lifestyles.
    With certain exceptions discussed below, USDA supports the 
goals of S.1229, Simplifying Outdoor Access for Recreation 
(SOAR) Act, and S.1874, Recreation Not Red Tape Act. These 
bills improve recreational access to National Forest System 
lands and we look forward to working with the bills' sponsors 
and the Committee to effect changes necessary to achieve those 
goals. Our comments on these bills pertain to their effects on 
the Forest Service, including management of National Forest 
System lands. USDA defers to the U.S. Department of the 
Interior (DOI) as to the effects of these bills on DOI bureaus 
and the federal lands under their jurisdiction.


provisions common to s. 1229, the soar act, and s. 1874, recreation not 
                              red tape act


S. 1229 (Section 2) and S. 1874 (Section 101): Definitions
    We would like to work with the Committee to ensure the 
definitions in these sections are consistent with existing 
definitions in the Federal Lands Recreation Enhancement Act and 
Forest Service regulations and guidance documents.
S. 1229 (Section 3) and S. 1874 (Section 102): Special Recreation 
        Permit and Fee
    The Agency is supportive of the intent of these sections. 
We would like to work with the Committee to ensure the 
provisions do not duplicate existing Forest Service policies 
for land use fee determination or conflict with provisions in 
the Federal Lands Recreation Enhancement Act and Forest Service 
guidance documents governing noncommercial special recreation 
permits. Additionally, we would like to work with the Committee 
to clarify the scope of the permits to be affected by this 
legislation.
S. 1229 (Section 4) and S. 1874 (Section 103): Permitting Process 
        Improvements
    The Forest Service supports the overall intent of these 
sections. Since 2016, we have taken steps to implement several 
of the objectives of these sections, including reducing the 
number of expired permits by more than 50% in the last 5 years. 
Specifically, we conducted a Lean Six Sigma Analysis of our 
permitting process and are currently implementing recommended 
actions, many of which align with the intent of this bill. 
Additionally, in November 2020 we published a final rule 
revising the Forest Service's NEPA regulations, which include a 
revised categorical exclusion for reissuance of special use 
permits and a new categorical exclusion for issuance of new 
permits for recreational activities in locations where those 
types of activities are generally allowed (36 CFR 220.6(d)(11) 
and (12)). As with all administrative categories, both require 
consideration of extraordinary circumstances. We believe these 
actions have already met the intent of Section 4(b)/Section 
103(b) and will allow the Forest Service to issue and reissue 
recreation special use permits efficiently while still meeting 
environmental requirements. Although the Agency is supportive 
of the intent of these sections, we are concerned that the 
language duplicates our current work. We would like to work 
with the Committee to remove any redundancy and ensure that the 
language accomplishes its intent.
S. 1229 (Section 5) and S. 1874 (Section 104): Permit Flexibility
    The Agency is supportive of these sections. We would like 
to work with the Committee to better understand the intent of 
Section 5(c), as we have a temporary outfitting and guiding 
permit system established through public notice and comment in 
our guidance documents.
S. 1229 (Section 6) and S. 1874 (Section 105): Permit Administration
    These sections would require the Forest Service to notify 
the public of available permit opportunities online. The Agency 
would like to work with the Committee to ensure that the 
Agency's current practices and processes of open seasons and 
prospectus announcements provide adequate notification of 
permit opportunities within our existing resource capabilities.
S. 1229 (Section 7) and S. 1874 (Section 106): Multi-Jurisdictional 
        Permits
    We support the intent of these sections to streamline 
permitting by authorizing issuance of a single joint permit by 
a lead agency for multi-jurisdictional trips. We would like to 
work with the Committee to provide technical changes to the 
bill language that would achieve this intent consistent with 
existing authorities that apply to each affected agency and 
that would ensure the language complements our existing Service 
First Authorities. We also would like to work with the 
Committee on appropriate cost recovery provisions for 
implementation of this program.
S. 1229 (Section 8) and S. 1874 (Section 107): Forest Service Permit 
        Use Reviews
    We support the intent of these sections and would like to 
work with the Committee to ensure that they do not duplicate 
current permitting policy.
S. 1229 (Section 9) and S. 1874 (Section 108): Liability
    Subsection (a) would prohibit the Agency from administering 
any guidance or taking any actions related to exculpatory or 
liability agreements between a permit holder and their 
clientele. While we support authorizing use of waivers of 
liability, we do not support the language in this subsection, 
as it would preclude the Forest Service from ensuring that 
waivers of liability cover the United States as well as the 
concessioner. We would like to work with the Committee to amend 
this language.
    Subsection (b) would exempt state governmental entities 
from indemnifying the United States if they are precluded by 
state or local law from doing so. This provision should be 
clarified to state the exemption would apply only to indemnity 
for tort and not environmental liability, since environmental 
liability is not limited by state law. Additionally, state 
governmental entities' self-insurance is generally an 
insufficient substitute for indemnification of the United 
States because states' self-insurance typically covers only 
state employees and cannot be extended to the United States. 
Commercial general liability insurance policies obtained by 
states do not cover the United States unless they contain an 
endorsement that includes the United States as an additional 
insured. Further, many states can unconditionally indemnify the 
United States under their state law, and even those states that 
cannot do so can typically indemnify the United States up to 
the liability limits under their state tort claims act. We 
would like to work with the Committee to make targeted changes 
to address these important issues.
S. 1229 (Section 10) and S. 1874 (Section 109): Cost Recovery Reform
    While the Forest Service supports efforts to responsibly 
apply cost recovery for processing permit applications, we do 
not support these provisions in the bills because they would 
reduce our ability to process both simple and complex permit 
applications. Cost recovery has provided more resources to the 
agency for processing permit applications, thereby enabling the 
Forest Service to enhance customer service by processing 
applications faster. Small recreation service providers such as 
outfitters and guides are generally exempt from cost recovery 
fees under Forest Service regulations. Expanding the exemption 
as proposed in the bill would generally benefit large 
recreation service providers and would adversely affect 
customer service, thereby counteracting efficiencies gained 
from other provisions in the bill. The Agency believes these 
additional efficiencies would reduce processing times 
sufficiently to obviate the need to further limit our cost 
recovery authority.
S. 1229 (Section 11) and S. 1874 (Section 110): Extension of Special 
        Recreation Permits
    This provision would provide for renewal of an existing 
permit rather than issuance of a new permit upon expiration, 
which is the Agency's current practice for all types of special 
use permits. We would like to work with the Committee to 
preserve the Agency's ability to update permit forms, including 
new terms as necessary or appropriate, when a permit expires. 
This ability is particularly important when a permit has been 
in effect for many years to allow the Agency to make 
assessments and adjustments as needed to address current 
resource conditions. Additionally, the use and occupancy 
authorized under priority use outfitting and guiding permits 
are currently renewable under a Forest Service guidance 
document that was published for public notice and comment. Per 
the Administrative Procedure Act, there is no disruption of 
service upon expiration of an existing permit if a timely 
application has been submitted: the expired permit remains in 
effect until the application is processed. We support the 
intent of these sections and would like to work with the bill 
sponsors and the Committee to ensure these sections do not 
duplicate existing authority that is being fully utilized and 
that provides for updating authorizations when they are 
reissued upon expiration.
Provisions Unique to S. 1874, the Recreation Not Red Tape Act
    Section 111 amends the Federal Lands Recreation Enhancement 
Act (FLREA) (16 U.S.C. 6804) by establishing a program to allow 
a purchaser to buy a federal recreation pass and a state 
recreation pass in the same transaction. This provision 
duplicates authority already available under FLREA.
    Section 112 amends FLREA to mandate online sales of the 
America the Beautiful--the National Parks and Federal 
Recreational Lands Pass. This provision is unnecessary as the 
Forest Service and other federal land management agencies are 
already implementing online sales of this pass as a regular 
course of business.
Title II--Accessing the Outdoors
    USDA supports Section 201, which would encourage the 
Secretary of Agriculture to work with the Secretaries of 
Defense and Veterans Affairs to ensure service members and 
veterans have access to outdoor recreation and outdoor-related 
volunteer and wellness programs. USDA defers to the Departments 
of Defense and Veterans Affairs on the portions of Title II 
under their jurisdiction.
Title III--Making Recreation a Priority
    USDA is generally supportive of Title III and would like to 
work with the Committee to ensure the provisions align with 
implementation of other Administration priorities such as 
addressing climate change and racial equity and take into 
account the multiple-use mission of the Forest Service and 
statutory requirements under the Multiple Use-Sustained Yield 
Act.
    Section 304 would establish policy and requirements for 
management of National Recreation Areas (NRAs). The Forest 
Service manages 22 NRAs, which draw visitors from across the 
nation and around the world. NRAs provide both jobs and revenue 
to local, state, and regional economies. NRAs also contribute 
to the sense of place and quality of life for local 
communities. We look forward to improving and expanding 
benefits from NRAs to further strengthen economies, enhance 
local communities, instill public conservation values, and 
encourage shared stewardship. We would like to work with the 
Committee and bill sponsors to ensure the necessary skill sets 
and capacity are available and strategically placed to address 
the associated workload to achieve the bill's intent.
Title IV--Maintenance of Public Land
    USDA fully supports the intent of Section 401 to promote 
volunteerism and service to enhance stewardship of, 
recreational access to, and sustainability of National Forest 
System resources and facilities. We would like to work with the 
Committee and bill sponsors to ensure current Agency efforts 
through the Volunteers in the National Forests Act and existing 
cooperative authorities are not duplicated.
    Section 411 would direct the Secretaries of Agriculture and 
the Interior to establish an interagency trail management plan 
to uniformly maintain and manage federal trails that cross 
jurisdictional boundaries between federal land management 
agencies. USDA supports the intent of Section 411 to ensure 
consistency in trail management across jurisdictional 
boundaries. Trails crossing multiple federal jurisdictions 
include National Scenic and National Historic Trails, as well 
as hundreds and possibly thousands of other trails. In 
compliance with the National Trails System Act, National Scenic 
and National Historic Trails are managed in accordance with 
comprehensive management plans that establish trail-wide 
management guidance and trail marking standards. Additionally, 
federally managed trails are subject to federal land management 
plans. Incorporating and applying standard management tools 
such as the Forest Service's Trail Management Objectives and 
working collaboratively through the interagency National Trails 
System Council to implement the intent of Section 411 could be 
an effective means for accomplishing the objectives of Section 
411 without further legislative action.
S. 1616, the Federal Interior Land Media Act or ``FILM Act''
    Our comments on S. 1616, the Federal Interior Land Media 
Act or ``FILM Act'' pertain to the impact on the Forest 
Service, including management of National Forest System lands. 
USDA defers to the U.S. Department of the Interior (DOI) on the 
effects of this bill on DOI bureaus and the federal lands under 
their jurisdiction.
    S.1616 would direct USDA not to require a permit or land 
use fee for commercial filming, regardless of the distribution 
platform, if the commercial filming occurs in a location where 
the public is allowed, complies with visitor use policies, does 
not impede the experience of other visitors, will not disturb 
resource values and wildlife, does not require the exclusive 
use of a site, complies with Federal, State, and local law, and 
does not involve a group larger than 10 individuals. 
Furthermore, the bill would allow USDA to require a permit and 
land use fee if the filming occurs in an area not generally 
open to the public, the agency accrues additional 
administrative costs associated with the filming, the filming 
occurs in a high-volume area, a set or staging equipment is 
required, or the filming involves a group of 11 or more 
individuals.
    In Price v. Barr, a federal district court ruled that 
aspects of the existing commercial filming statute for the 
National Park Service violate the First Amendment. The National 
Park Service's commercial filming statute is identical to the 
commercial filming statute for the Forest Service and other 
federal land management agencies. The federal government has 
appealed Price v. Barr to the D.C. Circuit, in a case now 
captioned Price v. Garland, and is arguing that the commercial 
filming statute is constitutional. USDA believes that judicial 
resolution of this pending litigation would inform whether and 
how Congress legislates in this area. Accordingly, USDA would 
like to work with the committee and bill sponsor on this issue 
once a decision is rendered in the case.
S. 3266, Outdoor Recreation Act
    Outdoor recreation has dramatically increased in recent 
years, especially as Americans turned to federal lands for 
respite and relaxation during the COVID-19 pandemic. National 
forests play a vital role in the recreation economy by 
supporting millions of recreation visits annually, and spending 
by those visitors contributes greatly to local, state and 
national economies. Cities and towns across the country are 
tapping into the business of outdoor recreation, and for good 
reason. They recognize that outdoor recreation and open spaces 
are key ingredients to healthy communities, contribute to a 
high quality of life, and most importantly, attract and sustain 
businesses and families.
    The Forest Service is working to rebuild its capacity to 
deliver high-quality recreation opportunities and services for 
the public. We welcome tools that assist us in undertaking more 
robust recreation planning, building new partnerships, 
investing in innovative conservation finance agreements with 
the private sector, improving our infrastructure, and making 
the recreation economy even stronger.
    In fiscal year 2019, there were 150 million visits to 
national forests and grasslands. Consumer spending associated 
with these visits supported local businesses that provide food 
and lodging, guides, outfitting, transportation, and other 
services. Recreation visitor use on National Forests supported 
about 153,800 jobs and contributed $12.6 billion to the 
nation's gross domestic product in 2019. National Forest System 
lands experienced unprecedented visitation levels in fiscal 
year 2020 as Americans sought refuge and relaxation from 
outdoor experiences during the COVID-19 pandemic. In fiscal 
year 2020, the 168 million recreation visits supported about 
161,000 jobs and contributed $13.5 billion to the nation's 
gross domestic product.
    The recreation industry is a powerful driver of local and 
national economies by providing jobs, revenue from goods, 
services, and tourism. The Forest Service plays a crucial role 
in managing federal lands that are drawing record numbers of 
recreationists, including campers, bikers, canoers, skiers, 
snowmobilers, hikers, fishers, birders, hunters, and off-
highway vehicle enthusiasts. In fact, recreation, hunting, 
fishing, and wildlife viewing together sustain more jobs than 
any other activity in the national forests and grasslands.
    The S. 3266, the Outdoor Recreation Act addresses a wide 
variety of recreation issues on federal lands and in rural 
communities adjacent to federal lands. USDA supports the 
overall goals of this bill to improve recreation opportunities 
and infrastructure on National Forest System lands and looks 
forward to working with the Committee and the bill's sponsors 
to ensure these goals can be achieved and do not duplicate or 
conflict with existing authorities.
Title I--Increasing Recreation Opportunities
    Title I seeks to increase recreation opportunities through 
changes in permitting and recreation planning policy as well as 
mandates for climbing guidance and target ranges in national 
forests.
    USDA supports the intent of Section 101 to increase 
recreational use by youth groups and to better understand 
recreational use of federal lands by youth groups. We would 
like to work with the Committee to ensure the Forest Service 
has the authority to require a permit if needed to address 
liability or resource concerns and to conduct a visitor 
capacity assessment if legally required or appropriate based on 
resource impacts. We would also like to work with the Committee 
to ensure that it is feasible to meet any permitting deadlines 
while complying with all applicable environmental requirements.
    Section 102 duplicates and potentially conflicts with 
requirements in the National Forest Management Act and existing 
Forest Service protocols for developed recreation site 
inventory, visitor use management, and operation and 
maintenance of developed recreation sites. In addition to these 
legal concerns, the assessment requirements for Forest Service 
land management plan revisions at 36 CFR Part 219 and Forest 
Service Handbook 1909.12 already require consideration of 
recreation opportunities and demand. This provision would 
require a degree of data collection and outyear speculation 
that would add to the challenges of revising land management 
plans. We are actively trying to streamline and focus such 
assessments, and this one-size approach would expand the time 
and cost of land management plan revisions.
    Section 103 directs the Forest Service to issue guidance on 
recreational climbing on National Forest System lands, 
including in wilderness areas. This provision, including 
requirements for public notice and comment, duplicates existing 
law and policy. The Forest Service has developed proposed 
recreational climbing directives, which will be published for 
public comment when they have completed the tribal consultation 
process.
    Section 104 would require the Forest Service to identify 
suitable locations for designated target ranges on National 
Forest System lands and, to the maximum extent practical, 
ensure that each national forest has at least one designated 
target range. The Forest Service would be prohibited from 
charging a fee for use of a target range designated under this 
provision. USDA does not support this provision, as the Forest 
Service already has authority to identify appropriate sites for 
construction and operation of target ranges on National Forest 
System lands and is doing so where there is adequate demand, a 
suitable site, and available funding. Assessing site 
suitability for target ranges is critical because of the 
potential tort liability concerns they present, particularly if 
they are located close to homes, schools, or popular trails. 
Site selection may also be affected by environmental concerns 
associated with wildlife habitat and impacts of spent bullets. 
Section 104 does not take into account Section 4104(b) of the 
John D. Dingell, Jr. Conservation, Management and Recreation 
Act of 2019, which prohibits authorizing a target range on 
certain specified federal lands managed by the Bureau of Land 
Management or the Forest Service, such as congressionally 
designated wilderness, wild and scenic rivers, and national 
monuments. In addition, Section 104 would overlap with Section 
4 of the Target Practice and Marksmanship Training Support Act, 
which facilitates the establishment of additional or expanded 
target ranges on federal land. Under the Federal Lands 
Recreation Enhancement Act (FLREA), the Forest Service is 
authorized to charge recreation fees for the use of target 
ranges operated and maintained by the Forest Service, which can 
be retained and spent by the Forest Service and are vital to 
finance continued operation and maintenance of these 
facilities. The agency has authority under other federal 
statutes to charge a land use fee to concessioners that operate 
and maintain target ranges on National Forest System lands.
Title II--Improving Recreation Opportunities
    Title II aims to improve recreation opportunities on 
federal lands with requirements for providing broadband 
connectivity at recreation sites, increased collection of 
visitor data, and changes to travel management policy and 
procedures.
    Although USDA supports the intent of Section 201 to 
increase availability of broadband connectivity for 
recreational users, we have concerns with the scope and 
requirements of this provision. Federal land management 
agencies do not provide communications services, including 
broadband, to the public, nor do they install, operate, or 
maintain equipment that provides communications services to the 
public. Federal land management agencies do authorize 
communications uses, including broadband, and we are very 
willing to continue working with private entities to authorize 
broadband infrastructure on National Forest System lands where 
it is feasible and in demand. It may not be feasible or 
commercially viable to provide broadband service at many 
recreation sites on National Forest System lands, which tend to 
be in remote locations.
    Section 203 requires USDA to work in concert with other 
federal land managers to establish a single visitation data 
management and modeling system for public recreation to provide 
accurate, real-time visitation data at a site-specific level. 
USDA would like to work with the Committee and bill sponsors to 
better understand the purpose and goals for visitation data 
requirements in Section 203. As written, it is unlikely that 
this provision could be implemented. A single system for all 
agencies could not produce data with the level of precision 
each agency's system currently produces. Each agency currently 
makes its visitation data publicly available on its website.
    USDA supports the goals of Section 204 to finalize summer 
and winter motor vehicle use designations and improve 
associated maps. We are working diligently to address these 
goals and making good progress. Nearly all Forest Service 
administrative units have completed their summer motor vehicle 
use designations. Units where there is sufficient snow for 
winter motor vehicle use are moving forward with designations 
for that use. We are concerned that Section 204 would duplicate 
existing travel management authorities and in some ways 
contradict them. In particular, we are concerned that to the 
extent the designation criteria in Section 204 are different 
from the designation criteria in existing authorities, Section 
204 would require the Forest Service to revisit every 
designation decision for both summer and winter motor vehicle 
use. The resulting work would be very time-consuming and would 
entail additional litigation risk. We also have technical 
concerns with the data and mapping requirements which we would 
like to address with the Committee and bill sponsors.
Title III--Investing in Recreation Infrastructure and Rural Communities
    Title III addresses recreation-related investments in 
communities adjacent to federal lands (gateway communities), 
conservation finance partnerships, availability of recreation 
facilities during shoulder seasons, and public-private 
partnerships to modernize federally owned campgrounds operated 
by concessioners on federal lands.
    USDA strongly supports the goals in Section 301 of working 
with rural communities to undertake comprehensive recreation 
planning including providing technical and financial assistance 
to them. We would welcome an opportunity to work with the 
Committee and bill sponsors to improve upon the current 
legislation in support of these goals, in particular, by 
clarifying the scope of Section 301.
    Section 302 would promote conservation finance partnerships 
as an innovative funding model to develop and maintain 
recreation infrastructure on federal lands. USDA supports the 
goal of expanding the use of conservation finance agreements 
for recreation facilities and enhancing authorities to support 
that goal. For conservation finance to succeed at larger 
scales, it is critical to provide the long-term certainty 
needed to guarantee the agency's financial commitment to large-
scale public-private partnerships that leverage external 
capital. It is also important to establish objective measures 
for determining the value of the contributions of the parties 
under these types of agreements. USDA would like to work with 
the Committee and bill sponsors on technical amendments to 
clarify and enhance the conservation finance agreement 
authority in Section 302.
    Section 303 seeks to expand the availability of recreation 
facilities during shoulder seasons. This practice is already 
ongoing. The Forest Service may operate campgrounds that are 
not under concession during shoulder seasons and may operate 
campground concessions during shoulder seasons when a 
concessioner has not agreed to do so. The Forest Service has 
authority under the Cooperative Funds Act to enter into the 
type of agreements outlined in Section 303(c).
    Section 304 authorizes a pilot program for agreements with 
private entities to provide for capital improvements, 
management, and maintenance of federally owned campgrounds 
operated by concessioners on federal lands. USDA would be 
interested in exploring the concepts of this provision further 
with the Committee and bill sponsors to ensure the scope of the 
provision is commensurate with its intent.
S. 3264, Bikes Over Long-Distance Bike Trails on Federal Lands Act
    S. 3264 would require the federal land management agencies 
to identify at least 10 long-distance bike trails on the 
federal lands they manage and to identify at least 10 areas 
where there is an opportunity to develop or complete long-
distance bike trails. Long-distance bike trails are defined as 
trails being at least 80 miles in length that are available to 
mountain biking, road biking, touring, or cyclo-cross. The bill 
would provide for maps and other bike trail identification 
materials and would require a report to congress on the 
identified bike trails within two years of enactment.
    USDA supports the goal of S. 3264 to identify and promote 
long-distance biking opportunities on National Forest System 
lands. However, we do not believe legislation is necessary. 
Consistent with its multiple-use mission, the Forest Service 
considers mountain biking in the context of all possible types 
of trail uses on National Forest System trails, including 
hiking and horseback riding. We would welcome the opportunity 
to discuss biking opportunities and trail designation 
authorities on National Forest System lands with the Committee 
and bill sponsors, and if desired, to work on technical 
improvements that would minimize litigation risk.
S. 1269: Report on the effects of special recreation permits on EJ 
        communities
    USDA supports the intent of this bill, specifically the 
identification of barriers impacting environmental justice 
communities and permit holders when trying to access and enjoy 
public lands. We value the data being requested and would like 
to work with the Committee to ensure the language is drafted in 
a way that ensures successful implementation. Additionally, we 
would like to work with the Committee to ensure the bill 
accounts for current Agency efforts under Executive Order 
13985, ``Advancing Racial Equity and Support for Underserved 
Communities Through the Federal Government.''
    That concludes my testimony, Chairman. I would be happy to 
answer any questions you or the other members have for me.
                              ----------                              


            Statement of the U.S. Department of the Interior

    Thank you for the opportunity to provide testimony on S. 
3266, the Outdoor Recreation Act; S.1229, the Simplifying 
Outdoor Access for Recreation (SOAR) Act; S. 1874, the 
Recreation Not Red Tape Act; S. 1269, concerning environmental 
justice in recreation permitting; and S. 3264, the Biking on 
Long-Distance Trails Act.
    S. 3266 proposes to modernize and improve outdoor 
recreation opportunities and encourage economic growth in rural 
communities through a variety of provisions. S. 1229 aims to 
improve the process and reduce the cost of applying for and 
administering Special Recreation Permits (SRPs) and authorizes 
single joint SRPs for multi-jurisdictional trips across Federal 
lands. S. 1874 contains substantially similar provisions to 
those of S. 1229 regarding SRPs, but also provides for online 
sales of interagency ``America the Beautiful--the National 
Parks and Federal Recreational Lands'' passes and establishes a 
National Recreation Area System, among other provisions. S. 
1269 requires the Secretary of the Interior to submit a report 
to Congress on the estimated use of SRPs by recreation service 
providers serving ``environmental justice communities.'' 
Finally, S. 3264 requires the identification of long-distance 
bike trails on Federal lands.
    The Department of the Interior (Department) supports the 
overall goals of these bills, which align with the Secretary's 
priorities to build healthy communities and economies, advance 
environmental justice, and provide safe and equitable access to 
outdoor recreation opportunities for all Americans. The 
Department is advancing these priorities as guided by the Great 
American Outdoors Act; the John D. Dingell, Jr. Conservation, 
Management, and Recreation Act (Dingell Act); Executive Order 
(E.O.) 14008, Tackling the Climate Crisis at Home and Abroad; 
and E.O. 13985, Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government. Given 
this direction from Congress and the Administration, the 
Department is actively seeking ways to encourage, facilitate, 
and improve partnerships with and access for youth, Tribes, and 
underserved communities to public lands. This includes 
improving public health, safety, and climate resiliency at 
developed recreation sites and areas by updating and 
modernizing infrastructure, with special consideration to 
meeting accessibility standards for people with disabilities.
    We believe these bills have the potential to address some 
long-standing challenges, and we look forward to working with 
the sponsors and the Committee to address a number of technical 
issues in the measures. We defer to the Department of 
Agriculture regarding provisions affecting the management of 
lands administered by the U.S. Forest Service (Forest Service).
Background
    Federal land management agencies oversee approximately 640 
million surface acres. The Bureau of Land Management (BLM) is 
responsible for approximately 245 million of those acres while 
the Forest Service manages another 193 million. Most other 
Federal land is managed by the U.S. Fish and Wildlife Service 
(FWS), with over 92 million acres, and the National Park 
Service (NPS), with approximately 80 million acres. The Bureau 
of Reclamation (Reclamation) and the Army Corps of Engineers 
also manage Federal lands used for recreation.
    The Department's bureaus contribute to its overall 
recreation mission and to the Secretary's recreation and 
equitable access priorities. The National Park System, which 
preserves some of our most important national treasures, hosts 
over 300 million visitors every year. The public lands managed 
by the BLM host a remarkable variety of recreational 
activities, and BLM lands supported more than 73 million 
recreational visits last year--an increase of three million 
from 2019. The National Wildlife Refuge System provides world-
renowned places to see iconic wildlife and partake in a variety 
of outdoor activities, such as hiking, bird-watching, canoeing 
and hunting. The water projects of Reclamation, which is the 
largest wholesale water supplier in the nation, are among 
America's most popular sites for water-based outdoor 
recreation.
    The Federal Lands Recreation and Enhancement Act (FLREA) 
authorizes the following four Interior Department agencies to 
collect fees on Federal lands and waters: the BLM, Reclamation, 
FWS, and NPS. FLREA also provides the Forest Service in the 
Department of Agriculture authority to collect recreation fees. 
Revenues collected under FLREA allow the Federal government to 
implement projects that benefit visitors, such as improving 
accessibility, maintaining recreation sites, and building 
informational exhibits. FLREA also authorizes agencies to issue 
SRPs, which include authorizations for commercial, competitive 
event, and group recreation uses of the public lands and 
waters. These permits are issued to manage visitor use, protect 
recreational and natural resources, and provide for the health 
and safety of visitors. The BLM administers approximately 4,700 
SRPs per year. Other Interior bureaus use different authorities 
in addition to FLREA to manage recreation and collect 
associated fees: the FWS issues special use permits; 
Reclamation issues use authorizations; and NPS issues 
commercial use authorizations (CUAs) and special use permits.
S. 3266, Outdoor Recreation Act
    S. 3266 proposes to modernize and improve outdoor 
recreation on Federal lands by addressing permitting processes, 
land management planning, broadband connectivity at recreation 
sites, visitation data analysis, travel management, and public-
private partnerships to renovate campgrounds on Federal lands, 
among other provisions.
Title I
    Title I of S. 3266 aims to increase outdoor recreation 
opportunities by directing a study on permitting challenges 
that hinder youth groups' ability to access and recreate on 
Federal land and easing permit requirements for outfitters and 
guides serving fewer than 40 clients at picnic areas. Title I 
also outlines additional requirements for the BLM and Forest 
Service land use planning process by requiring recreation 
resource inventories and consideration of future recreation 
needs in developing land use plans. Finally, Title I requires 
at least one designated shooting range to be established in 
each National Forest and BLM district.
    Regarding designated shooting ranges in Section 104 of the 
bill, the BLM notes that it currently manages only six 
designated shooting ranges, with plans to open four more in BLM 
Arizona's Phoenix District in the near future. To determine 
whether to establish such ranges, the BLM works with the local 
communities to assess the demand and viability. While the BLM 
recognizes the sponsors' interest in increasing access to 
designated shooting ranges, we note that significant resources 
are required to develop and maintain shooting ranges, including 
removal of lead ammunition, clean-up of hazardous materials, 
and berm management. The BLM further notes that, given the many 
uses of the public lands that compete for resources, it would 
be challenging to manage such a large number of designated 
shooting ranges, as envisioned in the bill, without the ability 
to charge a user fee, which the bill currently prohibits. 
Finally, the BLM notes that over 99 percent of public lands are 
open to recreational shooting and the BLM works with local 
communities and our partners to provide access for these 
opportunities. Currently, there are over 20 shooting ranges on 
public lands that are administered by non-Federal entities 
through a Recreational & Public Purpose (R&PP) Act lease, and 
over 50 shooting ranges that have been patented and conveyed 
under the R&PP Act.
Title II
    Title II of the bill seeks to modernize and improve 
recreation on public land by requiring the Department and the 
Forest Service to publish a list of high priority Federal 
recreation sites that lack broadband access and estimate the 
cost of facilitating that access. The bill directs the 
Department and the Forest Service to partner with the 
Department of Agriculture's Rural Utilities Service to 
construct broadband infrastructure at recreation sites. Title 
II also establishes a competitive grant program to enable non-
Federal partners to help with inspection and decontamination of 
watercraft at reservoirs managed by the Department to prevent 
the introduction and spread of aquatic invasive species.
    Title II requires collection and publication of real-time 
visitation data on a single interagency system and directs the 
Forest Service and BLM to prioritize completion of travel 
management plans. Section 204 of Title II requires the BLM to 
develop a ground transportation linear feature or motor vehicle 
and over-snow vehicle use map for each BLM district in a GIS-
compliant format within five years of enactment. The bill also 
requires the BLM to update any travel management plan that is 
fifteen years or older.
    The BLM recognizes how important visitation data is to 
enhancing recreational opportunities and experiences for 
visitors while protecting natural and cultural resources. Most 
recreational opportunities on BLM-managed public lands are not 
directly tied to developed sites and facilities. Due to the 
dispersed nature of these recreational activities, it would be 
challenging for the BLM to provide the real-time, site-specific 
visitation data required by the bill, and thus we are concerned 
that the provision could not be implemented as currently 
drafted. The Department would like to work with the Committee 
and bill sponsors to address technical issues in order to 
achieve the sponsors' goals.
    Additionally, to date, the BLM has incorporated 90,000 
miles of roads and trail routes into its transportation system 
through completion of 153 travel plans, but there are an 
estimated 400,000 miles of routes remaining that would need to 
be inventoried, evaluated, and incorporated into the 
transportation system as appropriate. Given the sheer volume of 
roads and trails on BLM lands and the process required to 
complete each travel plan, it may not be feasible to obtain the 
required road and trail information for the linear feature 
within five years of enactment. The BLM further recognizes that 
it must balance the need for public access with protecting 
natural and cultural resources through upholding the long-
standing minimization criteria for travel management planning 
when designating travel and trail routes.
Title III
    Title III seeks to encourage economic growth by providing 
for financial and technical assistance to develop visitation 
infrastructure in rural communities adjacent to recreation 
destinations. Specifically, Title III directs the Department 
and the Forest Service to explore extending recreation shoulder 
season opportunities and establishes a pilot program for 
public-private partnership agreements to modernize campgrounds 
on Forest Service and BLM-managed lands. In addition, Section 
304 of the bill requires the BLM to enter into at least 1 
public-private partnership agreement to modernize campgrounds 
in no fewer than 5 states in which the BLM administers public 
lands.
    The BLM appreciates the sponsors' interest in finding 
innovative ways to modernize recreation facilities and meet the 
growing demand for outdoor recreation opportunities. The BLM 
notes that it does not currently have the authority to enter 
into concessions agreements, and the pilot program established 
in section 304 gives the BLM a similar authority for 
modernizing campgrounds covered by the pilot program. Finally, 
section 304 only allows the Secretaries to enter into 
agreements for modernizing campgrounds with private entities. 
Since the BLM currently engages with non-profit groups and 
local, state, and Tribal governments to cooperatively manage 
sites, the BLM recommends that the sponsors consider expanding 
this pilot program to include those entities, as they may also 
benefit from participating.
S. 1229, SOAR Act
    S. 1229 authorizes single joint SRPs for multi-
jurisdictional trips across Federal lands and makes various 
amendments to FLREA aimed at improving the process and reducing 
the cost of applying for and administering SRPs.
Single Joint SRPs for Multi-Jurisdictional Trips
    Section 7 of S. 1229 authorizes agencies to issue single 
joint SRPs for trips crossing jurisdictional boundaries of more 
than one Federal land managing agency. When a single joint SRP 
for a multi-jurisdictional trip is proposed, the bill 
authorizes each of the land management agencies to identify a 
lead agency for the SRP. This designation is determined by the 
relative length of the portions of the proposed trip, the land 
use designations of the areas to be accessed during the trip, 
the relative ability of each agency to properly administer the 
single joint SRP, and any other considerations. Under the bill, 
the agencies would not be permitted to recover the costs of 
this coordination. S. 1229 also authorizes agencies to delegate 
their respective enforcement authorities to the designated lead 
agency.
    The Department supports efforts to improve the permitting 
process for trips that cross jurisdictional boundaries and 
would like to continue to work with the sponsors on certain 
modifications. For example, the Department supports delegating 
enforcement authorities among agencies, but would like to 
ensure these delegations conform with the statutory authorities 
for each agency. In addition, the Department would like some 
clarity on how an environmental analysis would be handled by 
the identified lead agency to ensure compliance with standards 
for other agencies. Specifically, the Department is concerned 
that the use of categorical exclusions authorized by the lead 
agency and applied to a single joint SRP for a multi-
jurisdictional trip could result in conflicts with another 
agency's established National Environmental Policy Act (NEPA) 
processes.
    Although the Department appreciates the bill's option for 
agencies to withdraw from single joint SRPs, the Department 
feels the requirements to issue substantially similar permits 
with no new application may cause processing issues and other 
limitations that could impact the timeliness of the permitting 
process. If an agency needs to withdraw from a single joint 
SRP, presumably it is because the agency needs to issue a 
permit under terms different from the single joint SRP, whether 
due to differing management concerns or other circumstances. 
Lastly, the Department would like to continue to work with the 
sponsors to determine appropriate cost recovery options.
Alignment of Permitting Authorities & Fees
    Section 3 of S. 1229 defines each land management agency's 
recreation permitting instruments as SRPs under FLREA and lays 
out a formula for the fees associated with SRPs, including 
alternative fees. NPS is excluded from these fee-setting 
provisions in the bill; however, the Department is concerned 
that these provisions, coupled with the limited cost-recovery 
provided in the bill, would severely limit the NPS's ability to 
fund the program.
    The Department generally supports expanding FLREA to 
coordinate recreation permitting across agencies. However, the 
Department believes the bill, as currently written, could 
create conflicts with existing statutory authorities. For 
example, the NPS issues CUAs (for activities included in the 
definition of SRPs under the bill) under the authority of the 
National Park Service Concessions Management Improvement Act of 
1998, not under FLREA. Additionally, the NPS issues special use 
permits and recovers associated costs under 54 U.S.C. 103104 
for many of the activities that would be permitted under SRPs. 
The Department would like to continue to work with the sponsors 
and Committee on modifications to these provisions.
Expedited Permitting
    S. 1229 provides authority for agencies to improve 
recreation permitting processes. This includes the expanded use 
of categorical exclusions, programmatic NEPA, and expedited 
rulemaking. The bill also directs agencies to make online 
permit applications available. The Department supports these 
efforts as we continue to pursue opportunities to facilitate 
increased recreational access for all Americans, especially 
underserved communities. The BLM has already taken significant 
steps to develop online access to recreation information and 
permits, most recently through its launch of the pilot 
Recreation and Permit Tracking Online Reporting (RAPTOR) 
system. RAPTOR allows users to apply for and renew SRPs online. 
The BLM piloted RAPTOR in seven field offices during fiscal 
year 2021, and successfully issued 38 permits through the 
system. An additional 17 field offices will be added to the 
RAPTOR pilot in 2022.
    S. 1229 authorizes permittees to voluntarily return unused 
service days to be available for other permittees. The bill 
also authorizes use of temporary SRPs and conversion of 
temporary permits to long-term permits. In addition, the bill 
includes provisions directing agencies to establish a permit 
administration protocol to automatically authorize permittees 
to engage in activities substantially similar to those for 
which they have a permit. The Department supports efforts to 
simplify the permitting process for applicants.
Permit Notifications
    Section 6 of S. 1229 requires agencies to make 
notifications of permit opportunities available online. The 
Department supports these efforts and would welcome the 
opportunity to work further with the sponsors and the Committee 
on necessary modifications to these provisions. For example, 
the Department is concerned that providing notification of all 
potential recreation permit opportunities could result in a 
speculative market for the most profitable ones. Additionally, 
recreation activities are generally proposed by the public, and 
bureaus then determine whether they require permits under 
Federal land management laws and regulations.
Liability & Cost Recovery
    Section 9 of S. 1229 determines the terms under which 
agencies require permittees to waive the liability of the 
United States for permitted recreation activities. Section 10 
also requires agencies to amend the cost recovery process for 
issuing and renewing SRPs. This section would exempt the first 
50 hours of work from cost recovery in issuing and monitoring 
these permits. Under the bill, the exemption would be applied 
to multiple permit applications for similar services in the 
same area. The agencies would be required to determine the 
share of the aggregate amount to be allocated to each 
application on an equal or prorated basis. While the Department 
supports the goal of simplifying processes when they are overly 
burdensome, we would like to continue to work with the sponsors 
and the Committee to determine appropriate cost recovery 
options for the agencies. For example, limiting full cost 
recovery on larger, more complex applications could 
unintentionally prevent the effective administration of all 
SRPs.
S. 1874, Recreation Not Red Tape Act
    Title I of S. 1874 contains substantially similar 
provisions authorizing single joint SRPs for multi-
jurisdictional trips across Federal lands to the language in S. 
1229 discussed above. Like S. 1229, Title I of S. 1874 also 
makes various amendments to FLREA aimed at improving the 
process and reducing the cost of applying for and administering 
SRPs. Titles II through IV of S. 1874 address access to public 
lands for recreation, job opportunities for veterans at Federal 
land management agencies, and establishment of a National 
Recreation Area System and interagency trail management 
program, among other provisions.
Title I
    Title I of S. 1874 contains two sections that are not 
included in S. 1229. Sections 111 and 112 of S. 1874 encourage 
the agencies to work with states to allow a purchaser to buy a 
Federal recreation pass and state recreation pass in the same 
transaction and requires the Secretaries to sell the Federal 
America the Beautiful passes through the website of each 
Federal land management agency. The Department supports 
improvements in the retail of recreation passes for the 
recreating public and would like to work with the sponsors to 
ensure the Department has the ability to perform revenue 
transfers across multiple entities. We note the Federal America 
the Beautiful passes are currently available online through the 
USGS Store, including the free Annual Military Pass for Gold 
Star Families and Veterans. Further, since Veteran's Day 2020, 
Gold Star Families and U.S. military veterans are eligible to 
receive free access to more than 2,000 Federal recreation 
areas, including national parks, wildlife refuges, and forests. 
The free access program is a way to thank America's veterans, 
Gold Star Families, and current military and their dependents 
for their support of our country and to encourage them to 
explore recreational opportunities on their public lands and 
waters.
Title II
    Title II of S. 1874 directs agencies to work with branches 
of the military to improve veterans' and service members' 
opportunities to engage in outdoor recreation, and to hire 
veterans at Federal land management agencies. The Department is 
working diligently to expand recreation access for our military 
families and veterans, and strongly supports these provisions.
Titles III & IV
    Title III establishes a National Recreation Area System 
composed of existing Forest Service and BLM National Recreation 
Areas and any future areas designated by Congress. It includes 
provisions to protect valid existing rights within the National 
Recreation Areas, as well as livestock grazing units, state and 
Tribal jurisdiction over fish and wildlife, water rights, and 
ski area land. Further, the title requires agencies to develop 
comprehensive management plans associated with each National 
Recreation Area. Title III also directs agencies to develop 
appropriate recreation performance metrics for evaluating 
public land managers and adds recreation to the missions of 
other Federal agencies. Title IV promotes the use of volunteers 
to support the stewardship of public lands and directs agencies 
to establish an interagency trail management plan.
    The Department appreciates these efforts to highlight and 
support the incredible recreation values of our public lands 
and generally supports the goals of these provisions. We would 
like to work with the Committee and bill sponsors to ensure the 
necessary capacity is available and strategically placed to 
address the associated workload to achieve the bill's intent.
S. 1269, Concerning Environmental Justice in Recreation Permitting
    S. 1269 requires the Department to prepare a report to 
Congress on the use of SRPs by recreation service providers 
serving environmental justice communities. The bill defines 
environmental justice communities as communities ``with 
significant representation of communities of color, low-income 
communities, or Tribal and indigenous communities, that 
experiences, or is at risk of experiencing, higher or more 
adverse human health or environmental effects than other 
communities.''
    The bill requires the report to include estimated use of 
SRPs by recreation service providers serving environmental 
justice communities, and policies and barriers affecting their 
access. The report may also include illustrative case studies 
on effective use of SRPs to provide public land access for 
these providers, as well as recommendations for agency policy 
or Congressional action to encourage and simplify public land 
access for them. The bill does not require recreation service 
providers to participate in the Department's information 
gathering for the report, and the Department is prohibited from 
requiring SRP applicants or holders to provide any information 
to the Department for the report as a condition of a permit.
    The Department strongly supports the goal of promoting 
equitable use of public lands by all Americans, especially 
communities of color, low-income communities, and rural and 
indigenous communities that have long suffered disproportionate 
and cumulative harm from air pollution, water pollution, and 
toxic sites. As directed by E.O. 14008, the Department is 
committed to making environmental justice part of its mission 
by developing programs, policies, and activities to address the 
disproportionately high and adverse human health, 
environmental, climate-related, and other cumulative impacts on 
disadvantaged communities.
    Finally, we would appreciate the opportunity to work with 
the sponsors and the Committee to ensure the Department is able 
to obtain sufficient information to complete the report within 
the three-year deadline, as well as ensure that all applicable 
agencies that issue SRPs are covered by the legislation.
S. 3264, Biking on Long-Distance Trails Act
    S. 3264 requires the Secretary of the Interior and 
Secretary of Agriculture to identify no less than 10 existing 
long-distance bike trails and 10 areas presenting an 
opportunity to develop or complete long-distance bike trails. 
The long-distance trails would cross no less than 80 miles of 
lands managed by the Department of the Interior and National 
Forest System Lands to provide opportunities for mountain 
biking, road biking, touring, and gravel biking. S. 3264 
directs the long-distance trails to be consistent with the 
management requirements of the Federal lands crossed and 
requires coordination with stakeholders to evaluate resources 
and feasibility. Further, Federal agencies may publish maps, 
install signage, and issue promotional materials for any 
identified long-distance bike trails under the bill. Lastly, S. 
3264 requires the Secretaries, in partnership with interested 
organizations, to prepare and publish a report listing the 
trails within two years.
    The Department supports the goals of establishing 
additional opportunities for bicycling on Federal lands. The 
diverse lands managed by the various agencies of the Department 
provide tremendous opportunities for cycling. The BLM, for 
example, has a longstanding partnership with external 
organizations to provide information, GPS trail maps, and 
interactive virtual tours for mountain biking on public lands, 
and promotes the ``Top 20 Mountain Biking Opportunities'' on 
BLM-managed lands.
    We would also welcome the opportunity to work with the 
sponsor and the Committee on some of the bill's provisions. For 
example, we would like clarification regarding each Secretary's 
responsibilities toward achieving the number of identified 
areas conducive to long-distance bike trails and opportunities 
for developing trails. Additionally, the Department notes that 
some of the best opportunities for developing long-distance 
bike trail routes could likely traverse non-Federal lands, and 
we would like to work with the sponsor to allow for the 
inclusion of non-Federal land segments in the trails. We would 
also like to ensure sufficient time and resources are provided 
in the bill for stakeholder outreach, coordination of public 
input on the feasibility of the trails, completing 
environmental analyses and any changes to local land use 
plans--as well as for managing and maintaining the trails upon 
their establishment. Finally, the Department would like to 
discuss further with the sponsor how to best define the 
intended use of these trail segments, including how uses such 
as electric bicycles would affect that use and the management 
of other uses, such as hiking, or off-highway vehicles, as 
appropriate.


                            additional bills


    In addition to providing testimony on these public land 
recreation bills, the Department also provides testimony today 
on S. 1616, the Federal Interior Land Media Act; S. 2258, the 
Parks, Jobs, And Equity Act; S. 2887, the Outdoors For All Act; 
and S. 2886, the Cape and Antler Preservation Enhancement Act.
S. 1616, Federal Interior Land Media Act
    S. 1616, the Federal Interior Land Media Act, would provide 
exceptions from permitting and fee requirements for content 
creation, regardless of distribution platform, including 
digital or analog video and digital or analog audio recording 
activities, conducted on land under the jurisdiction of the 
Secretary of Agriculture and the Secretary of the Interior.
    In litigation pending before the U.S. Court of Appeals for 
the D.C. Circuit, Price v. Garland, No. 21-5073 (D.C. Cir.), a 
federal district court ruled that aspects of the existing 
commercial filming statute for the National Park Service 
violates the First Amendment. Judicial resolution of this 
pending litigation would inform whether and how Congress may 
choose to legislate in this area. The Department would like to 
work with the committee and bill sponsor on this issue once a 
decision is rendered in the case to consider legislative or 
other approaches to balance the interests and rights of those 
engaged in filming with the government's interest in protecting 
lands and resources.
S. 2258, Parks, Jobs, & Equity Act and S. 2887, the Outdoors for All 
        Act
    The Department is committed to ensuring that the public has 
access to the great outdoors, and developing parks for this 
goal, particularly in underserved and economically 
disadvantaged areas lacking in outdoor recreation 
opportunities. The NPS currently supports this goal by 
implementing the Outdoor Recreation Legacy Partnership (ORLP) 
program to assist the acquisition and development of outdoor 
recreation in urban areas that lack such resources with 50:50 
matching Land and Water Conservation Fund (LWCF) grants as well 
as by jointly administering the LWCF State and Local Assistance 
program, which provides grants to states based on a legislated 
formula. The Great American Outdoors Act, which became law in 
2020, permanently appropriated funds for these programs.
    The Department supports the intent of both S. 2887 and S. 
2258 to further this goal by legislating grant programs 
targeted to developing parks in underserved and economically 
disadvantaged areas. S. 2887, the Outdoors for All Act, would 
establish an outdoor recreation legacy partnership program 
under which the Secretary may award grants to eligible entities 
for prioritized projects that would serve qualifying areas, 
similar to the ORLP program. S. 2258, the Parks, Jobs, and 
Equity Act, would authorize a one-time grant program of $500 
million with the intent to support park development and the 
delivery of recreation services to help create and preserve 
jobs while providing economic stimulus. This grant program 
would provide funds based on a mandated formula, rather than a 
competitive process, the funds would not be subject to a 
matching grant or other requirements of the ORLP program 
regarding land protections and accountability.
    The Department would like to work with the committee and 
sponsors on amendments that would more closely align S. 2887 
and S. 2258 with the goals and structure of the current, 
successful ORLP Program.
S. 2886, Cape & Antler Preservation Enhancement Act
    S. 2886, the Cape and Antler Preservation Enhancement Act, 
would amend title 54, United States Code, to authorize the 
donation and distribution of capes, horns, and antlers from 
wildlife management activities carried out on National Park 
System land. It also authorizes the Secretary to give priority 
consideration in the donation and distribution of these items 
to qualified volunteers that participate in wildlife management 
activities.
    The Department opposes S. 2886 unless amended as follows. 
The Department recommends amending the language of S. 2886 to 
state that all portions of animals removed from NPS-managed 
lands, rather than only meat, capes, horns, and antlers, may be 
donated to outside entities including, but not limited to, food 
banks, Indian Tribes, and qualified volunteers. This will allow 
the NPS to utilize the carcass of removed animals to the 
greatest extent and will allow for scientific study or natural 
degradation of the carcass if these practices are deemed the 
most important endpoint for the animal.
    Additionally, the Department recommends striking the 
language that prioritizes qualified volunteers to receive meat 
and parts of animals removed as a result of management 
activities. Lethal removal is different from hunting and this 
language limits the ability to use the animal to fulfill the 
highest need(s). By striking this section it allows the NPS to 
determine the highest and best use of these carcasses whether 
it be donation to Tribes, food banks, or volunteers, and it 
allows for scientific research when warranted. If this language 
remains, it may compromise the ability to work productively 
with Tribes and local communities to meet nutritional and 
cultural needs, as well as impair the ability to manage 
wildlife resources with best available science and management 
actions.


                               conclusion


    The Department strongly supports efforts to promote 
equitable access to outdoor recreational opportunities on our 
nation's public lands, and we look forward to working further 
with the sponsors and the Committee on these important issues.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 3266, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           Public Law 92-300


           THE VOLUNTEERS IN THE NATIONAL FORESTS ACT OF 1972


    AN ACT To Authorize the Secretary of Agriculture to Establish a 
  Volunteers in the National Forests Program, and for Other Purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Volunteers in the National 
Forests and Public Land Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to leverage volunteer engagement 
to supplement projects carried out by the Secretaries to 
fulfill the missions of the Forest Service and the Bureau of 
Land Management that are accomplished with appropriated funds.

SEC. 3. DEFINITION OF SECRETARIES.

    In this Act, the term ``Secretaries'' means each of--
          (1) the Secretary of Agriculture, acting through the 
        Chief of the Forest Service; and
          (2) the Secretary of the Interior, acting through the 
        Director of the Bureau of Land Management.
    [That the Secretary of Agriculture (hereinafter referred to 
as the ``Secretary'') is]

SEC. 4. AUTHORIZATION.

    The Secretaries are authorized to recruit, train, and 
accept without regard to the civil service and classification 
laws, rules, or regulations the services of individuals without 
compensation as volunteers for or in aid of recreation access, 
trail construction or maintenance, facility construction or 
maintenance, educational uses (including outdoor classroom 
construction or maintenance), interpretive functions, visitor 
services, conservation measures and development, or other 
activities in and related to areas administered by the 
[Secretary through the Forest Service] Secretaries. In carrying 
out this section, the [Secretary] Secretaries shall consider 
referrals of prospective volunteers made by the Corporation for 
National and Community Service.

SEC. [2]5. INCIDENTAL EXPENSES.

    [The Secretary is] The Secretaries are authorized to 
provide for incidental expenses, such as transportation, 
uniforms, lodging, training, equipment, and subsistence.

SEC. [3]6. CONSIDERATION AS A FEDERAL EMPLOYEE.

    (a) Except as otherwise provided in this section, a 
volunteer shall not be deemed a Federal employee and shall not 
be subject to the provisions of law relating to Federal 
employment, including those relating to hours of work, rates of 
compensation, leave, unemployment compensation, and Federal 
employee benefits.
    (b) For the purpose of the tort claim provisions of title 
28 of the United States Code, a volunteer under this Act shall 
be considered a Federal employee.
    (c) For the purposes of subchapter I of chapter 81 of title 
5 of the United States Code, relating to compensation to 
Federal employees for work injuries, volunteers under this Act 
shall be deemed civil employees of the United States within the 
meaning of the term ``employee'' as defined in section 8101 of 
title 5, United States Code, and the provisions of that 
subchapter shall apply.
    (d) For the purposes of claims relating to damage to, or 
loss of, personal property of a volunteer incident to volunteer 
service, a volunteer under this Act shall be considered a 
Federal employee, and the provisions of 31 U.S.C. 3721 shall 
apply.
    (e) For the purposes of subsections (b), (c), and (d), the 
term ``volunteer'' includes a person providing volunteer 
services to [the Secretary] either of the Secretaries who--
          (1) is recruited, trained, and supported by a 
        cooperator under a mutual benefit agreement [with the 
        Secretary] or cooperative agreement with either of the 
        Secretaries; and
          (2) performs such volunteer services under the 
        supervision of the cooperator as directed by [the 
        Secretary] either of the Secretaries in the mutual 
        benefit agreement or cooperative agreement, including 
        direction that specifies--
                  (A) the volunteer services [to be performed 
                by the volunteers], including the geographical 
                boundaries of the work to be performed by the 
                volunteers and the supervision to be provided 
                by the cooperator;
                  (B) the applicable project safety standards 
                and protocols to be adhered to by the 
                volunteers and enforced by the cooperator; 
                [and]
                  (C) the on-site visits to be made by [the 
                Secretary, when feasible] either of the 
                Secretaries, if feasible and only if necessary, 
                to verify that volunteers are performing the 
                volunteer services and the cooperator is 
                providing the supervision agreed upon[.];
                  (D) the equipment the volunteers are 
                authorized to use;
                  (E) the training the volunteers are required 
                to complete;
                  (F) the actions the volunteers are authorized 
                to take; and
                  (G) any other terms and conditions that are 
                determined to be necessary by the applicable 
                Secretary.

SEC. 7. PROMOTION OF VOLUNTEER OPPORTUNITIES.

    The Secretaries shall promote volunteer opportunities in 
areas administered by the Secretaries.

SEC. 8. LIABILITY INSURANCE.

    The Secretaries shall not require a cooperator or a 
volunteer (as those terms are used in in section 6) to have 
liability insurance to provide the volunteer services 
authorized under this Act.
    [SEC. 4. There are]

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act. [SEC. 5. 
This Act may be cited as the ``Volunteers in the National 
Forests Act of 1972''.]

           *       *       *       *       *       *       *


                           Public Law 106-206


  AN ACT To Allow the Secretary of the Interior and the Secretary of 
Agriculture to Establish a Fee System for Commercial Filming Activities 
                on Federal Land, and for Other Purposes.

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

[SECTION 1. COMMERCIAL FILMING.

    (a) Commercial Filming Fee.--The Secretary of the Interior 
and the Secretary of Agriculture (hereafter individually 
referred to as the ``Secretary'' with respect to lands under 
their respective jurisdiction) shall require a permit and shall 
establish a reasonable fee for commercial filming activities or 
similar projects on Federal lands administered by the 
Secretary. Such fee shall provide a fair return to the United 
States and shall be based upon the following criteria:
          (1) The number of days the filming activity or 
        similar project takes place on Federal land under the 
        Secretary's jurisdiction.
          (2) The size of the film crew present on Federal land 
        under the Secretary's jurisdiction.
          (3) The amount and type of equipment present.
    The Secretary may include other factors in determining an 
appropriate fee as the Secretary deems necessary.
    (b) Recovery of Costs.--The Secretary shall also collect 
any costs incurred as a result of filming activities or similar 
project, including but not limited to administrative and 
personnel costs. All costs recovered shall be in addition to 
the fee assessed in subsection (a).
    (c) Still Photography.-- (1) Except as provided in 
paragraph (2), the Secretary shall not require a permit nor 
assess a fee for still photography on lands administered by the 
Secretary if such photography takes place where members of the 
public are generally allowed. The Secretary may require a 
permit, fee, or both, if such photography takes place at other 
locations where members of the public are generally not 
allowed, or where additional administrative costs are likely.
          (2) The Secretary shall require and shall establish a 
        reasonable fee for still photography that uses models 
        or props which are not a part of the site's natural or 
        cultural resources or administrative facilities.
    (d) Protection of Resources.--The Secretary shall not 
permit any filming, still photography or other related activity 
if the Secretary determines--
          (1) there is a likelihood of resource damage;
          (2) there would be an unreasonable disruption of the 
        public's use and enjoyment of the site; or
          (3) that the activity poses health or safety risks to 
        the public.
    (e) Use of Proceeds.--(1) All fees collected under this Act 
shall be available for expenditure by the Secretary, without 
further appropriation, in accordance with the formula and 
purposes established for the Recreational Fee Demonstration 
Program (Public Law 104-134). All fees collected shall remain 
available until expended.
    (2) All costs recovered under this Act shall be available 
for expenditure by the Secretary, without further 
appropriation, at the site where collected. All costs recovered 
shall remain available until expended.
    (f) Processing of Permit Applications.--The Secretary shall 
establish a process to ensure that permit applicants for 
commercial filming, still photography, or other activity are 
responded to in a timely manner.]

SECTION 1. FILMING AND STILL PHOTOGRAPHY.

    (a) Filming and Still Photography.--
          (1) In general.--The Secretary concerned shall ensure 
        that a filming or still photography activity or similar 
        project at a Federal land management unit (referred to 
        in this section as a `filming or still photography 
        activity') and the authorizing or permitting of a 
        filming or still photography activity are carried out 
        consistent with--
                  (A) the laws and policies applicable to the 
                Secretary concerned; and
                  (B) an applicable general management plan.
          (2) No permits required.--The Secretary concerned 
        shall not require an authorization or a permit or 
        assess a fee, if a fee for a filming or still 
        photography activity is not otherwise required by law, 
        for a filming or still photography activity that--
                  (A)(i) involves fewer than 6 individuals; and
                  (ii) meets each of the requirements described 
                in paragraph (5); or
                  (B) is merely incidental to, or documenting, 
                an activity or event that is allowed or 
                authorized at the Federal land management unit, 
                regardless of--
                          (i) the number of individuals 
                        participating in the allowed or 
                        authorized activity or event; or
                          (ii) whether any individual receives 
                        compensation for any products of the 
                        filming or still photography activity.
          (3) Filming and still photography authorizations for 
        de minimis use.--
                  (A) In general.--The Secretary concerned 
                shall establish a de minimis use authorization 
                for certain filming or still photography 
                activities that meets the requirements 
                described in subparagraph (F).
                  (B) Policy.--For a filming or still 
                photography activity that meets the 
                requirements described in subparagraph (F), the 
                Secretary concerned--
                          (i) may require a de minimis use 
                        authorization; and
                          (ii) shall not require a permit.
                  (C) No fee.--The Secretary concerned shall 
                not charge a fee for a de minimis use 
                authorization under this paragraph.
                  (D) Access.--The Secretary concerned shall 
                enable members of the public to apply for and 
                obtain a de minimis use authorization under 
                this paragraph--
                          (i) through the website of the 
                        Department of the Interior or the 
                        Forest Service, as applicable; and
                          (ii) in person at the field office 
                        for the Federal land management unit.
                  (E) Issuances.--The Secretary concerned 
                shall--
                          (i) establish a procedure--
                                  (I) to automate the approval 
                                of an application submitted 
                                through the website of the 
                                Department of the Interior or 
                                the Forest Service, as 
                                applicable, under subparagraph 
                                (D)(i); and
                                  (II) to issue a de minimis 
                                use authorization under this 
                                paragraph immediately on 
                                receipt of an application that 
                                is submitted in person at the 
                                field office for the Federal 
                                land management unit under 
                                subparagraph (D)(ii); and
                          (ii) if an application submitted 
                        under subparagraph (D) meets the 
                        requirements of this paragraph, 
                        immediately on receipt of the 
                        application issue a de minimis use 
                        authorization for the filming or still 
                        photography activity.
                  (F) Terms.--The Secretary concerned shall 
                only issue a de minimis use authorization under 
                this paragraph if the filming or still 
                photography activity--
                          (i) involves a group of not fewer 
                        than 6 individuals and not more than 8 
                        individuals;
                          (ii) meets each of the requirements 
                        described in paragraph (5); and
                          (iii) is consistent with subsection 
                        (c).
                  (G) Contents.--A de minimis use authorization 
                issued under this paragraph shall list the 
                requirements described in subparagraph (F).
          (4) Required permits.--Except as provided in 
        paragraph (2)(B), the Secretary concerned may require a 
        permit application and, if a permit is issued, assess a 
        reasonable fee, as described in subsection (b)(1), for 
        a filming or still photography activity that--
                  (A) involves more than 8 individuals;
                  (B) does not meet each of the requirements 
                described in paragraph (5); or
                  (C) is conducted in a component of the 
                National Wilderness Preservation System.
          (5) Requirements for filming or still photography 
        activity.--The requirements referred to in paragraphs 
        (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) are as 
        follows:
                  (A) A person conducts the filming or still 
                photography activity in a manner that--
                          (i) does not impede or intrude on the 
                        experience of other visitors to the 
                        Federal land management unit;
                          (ii) except as otherwise authorized, 
                        does not disturb or negatively impact--
                                  (I) a natural or cultural 
                                resource; or
                                  (II) an environmental or 
                                scenic value; and
                          (iii) allows for equitable allocation 
                        or use of facilities of the Federal 
                        land management unit.
                  (B) The person conducts the filming or still 
                photography activity at a location in which the 
                public is allowed.
                  (C) The person conducting the filming or 
                still photography activity does not require the 
                exclusive use of a site or area.
                  (D) The person does not conduct the filming 
                or still photography activity in a localized 
                area that receives a very high volume of 
                visitation.
                  (E) The person conducting the filming or 
                still photography activity does not use a set 
                or staging equipment, subject to the limitation 
                that handheld equipment (such as a tripod, 
                monopod, and handheld lighting equipment) shall 
                not be considered staging equipment for the 
                purposes of this subparagraph.
                  (F) The person conducting the filming or 
                still photography activity complies with and 
                adhere to visitor use policies, practices, and 
                regulations applicable to the Federal land 
                management unit.
                  (G) The filming or still photography activity 
                is not likely to result in additional 
                administrative costs being incurred by the 
                Secretary concerned with respect to the filming 
                or still photography activity, as determined by 
                the Secretary concerned.
                  (H) The person conducting the filming or 
                still photography activity complies with other 
                applicable Federal, State, and local laws 
                (including regulations), including laws 
                relating to the use of unmanned aerial 
                equipment.
          (6) Content creation.--Regardless of distribution 
        platform, any video, still photograph, or audio 
        recording for commercial or noncommercial content 
        creation at a Federal land management unit shall be 
        considered to be a filming or still photography 
        activity under this subsection.
          (7) Effect.--
                  (A) Permits requested though not required.--
                On the request of a person intending to carry 
                out a filming or still photography activity, 
                the Secretary concerned may issue a permit for 
                the filming or still photography activity, even 
                if a permit for the filming or still 
                photography activity is not required under this 
                section.
                  (B) No additional permits, commercial use 
                authorizations, or fees for filming and still 
                photography at authorized events.--A filming or 
                still photography activity at an activity or 
                event that is allowed or authorized, including 
                a wedding, engagement party, family reunion, or 
                celebration of a graduate, shall be considered 
                merely incidental for the purposes of paragraph 
                (2)(B). 
                  (C) Monetary Compensation.--The receipt of 
                monetary compensation by the person engaged in 
                the filming or still photography activity shall 
                not affect the permissibility of the filming or 
                still photography activity.
    (b) Fees and Recovery Costs.--
          (1) Fees.--The reasonable fees referred to in 
        subsection (a)(4) shall meet each of the following 
        criteria:
                  (A) The reasonable fee shall provide a fair 
                return to the United States.
                  (B) The reasonable fee shall be based on the 
                following criteria:
                          (i) The number of days of the filming 
                        or still photography activity.
                          (ii) The size of the film or still 
                        photography crew present at the Federal 
                        land management unit.
                          (iii) The quantity and type of film 
                        or still photography equipment present 
                        at the Federal land management unit.
                          (iv) Any other factors that the 
                        Secretary concerned determines to be 
                        necessary.
          (2) Recovery of costs.--
                  (A) In general.--The Secretary concerned 
                shall collect from the applicant for the 
                applicable permit any costs incurred by the 
                Secretary concerned related to a filming or 
                still photography activity subject to a permit 
                under subsection (a)(4), including--
                          (i) the costs of the review or 
                        issuance of the permit; and
                          (ii) related administrative and 
                        personnel costs.
                  (B) Effect on fees collected.--All costs 
                recovered under subparagraph (A) shall be in 
                addition to the fee described in paragraph (1).
          (3) Use of proceeds.--
                  (A) Fees.--All fees collected under this 
                section shall--
                          (i) be available for expenditure by 
                        the Secretary concerned, without 
                        further appropriation; and
                          (ii) remain available until expended.
                  (B) Costs.--All costs recovered under 
                paragraph (2)(A) shall--
                          (i) be available for expenditure by 
                        the Secretary concerned, without 
                        further appropriation, at the Federal 
                        land management unit at which the costs 
                        are collected; and
                          (ii) remain available until expended.
    (c) Protection of Resources.--The Secretary concerned shall 
not allow a person to undertake a filming or still photography 
activity if the Secretary concerned determines that--
          (1) there is a likelihood that the person would cause 
        resource damage at the Federal land management unit, 
        except as otherwise authorized;
          (2) the person would create an unreasonable 
        disruption of the use and enjoyment by the public of 
        the Federal land management unit; or
          (3) the filming or still photography activity poses a 
        health or safety risk to the public.
    (d) Processing of Permit Applications.--
          (1) In general.--The Secretary concerned shall 
        establish a process to ensure that the Secretary 
        concerned responds in a timely manner to an application 
        for a permit for a filming or still photography 
        activity required under subsection (a)(4).
          (2) Coordination.--If a permit is required under this 
        section for 2 or more Federal agencies or Federal land 
        management units, the Secretary concerned and the head 
        of any other applicable Federal agency, as applicable, 
        shall, to the maximum extent practicable, coordinate 
        permit processing procedures, including through the use 
        of identifying a lead agency or lead Federal land 
        management unit--
                  (A) to review the application for the permit;
                  (B) to issue the permit; and
                  (C) to collect any required fees.
    (e) Definitions.--In this section:
          (1) Federal land management unit.--The term ``Federal 
        land management unit'' means--
                  (A) Federal land (other than National Park 
                System land) under the jurisdiction of the 
                Secretary of the Interior; and
                  (B) National Forest System land.
          (2) Secretary concerned.--The term ``Secretary 
        concerned'' means--
                  (A) the Secretary of the Interior, with 
                respect to land described in paragraph (1)(A); 
                and
                  (B) the Secretary of Agriculture, with 
                respect to land described in paragraph (1)(B).

                           Public Law 106-291


  Department of the Interior and Related Agencies Appropriations Act, 
                                  2001


  AN ACT Making Appropriations for the Department of the Interior and 
Related Agencies for the Fiscal Year Ending September 30, 2001, and for 
Other Purposes.

           *       *       *       *       *       *       *


TITLE III--GENERAL PROVISIONS

           *       *       *       *       *       *       *


    [SEC. 330. In fiscal year 2012 and each fiscal year 
thereafter, the Secretaries of the Interior and Agriculture, 
subject to annual review of Congress, may establish programs to 
conduct projects, planning, permitting, leasing, contracting 
and other activities, either jointly or on behalf of one 
another; may co-locate in Federal offices and facilities leased 
by an agency of either Department; and may promulgate special 
rules as needed to test the feasibility of issuing unified 
permits, applications, and leases. The Secretaries of the 
Interior and Agriculture may make reciprocal delegations of 
their respective authorities, duties and responsibilities in 
support of the ``Service First'' initiative agency-wide to 
promote customer service and efficiency. Nothing herein shall 
alter, expand or limit the applicability of any public law or 
regulation to lands administered by the Bureau of Land 
Management, National Park Service, Fish and Wildlife Service, 
or the Forest Service or matters under the purview of other 
bureaus or offices of either Department. To facilitate the 
sharing of resources under the Service First initiative, the 
Secretaries of the Interior and Agriculture may make transfers 
of funds and reimbursement of funds on an annual basis, 
including transfers and reimbursements for multi-year projects, 
except that this authority may not be used to circumvent 
requirements and limitations imposed on the use of funds.]

           *       *       *       *       *       *       *


                           Public Law 108-447


                 Consolidated Appropriations Act, 2005

AN ACT Making Appropriations for Foreign Operations, Export Financing, 
and Related Programs for the Fiscal Year Ending September 30, 2005, and 
for Other Purposes.

           *       *       *       *       *       *       *


DIVISION J--OTHER MATTERS

           *       *       *       *       *       *       *



             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. 802. Definitions.
Sec. 803. Recreation fee authority.
Sec. 804. Public participation.
Sec. 805. Recreation passes.
Sec. 806. Cooperative agreements.
Sec. 807. Special account and distribution of fees and revenues.
Sec. 808. Expenditures.
Sec. 809. Reports.
Sec. 810. Sunset provision.
Sec. 811. Volunteers.
Sec. 812. Enforcement and protection of receipts.
Sec. 813. Repeal of superseded admission and use fee authorities.
Sec. 814. Relation to other laws and fee collection authorities.
Sec. 815. Limitation on use of fees for employee bonuses.]

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Federal Lands Recreation 
Enhancement Act''.

SEC. 802. DEFINITIONS.

    In [this Act] this title:
          [(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
          (2) Expanded amenity recreation fee.--The term 
        ``expanded amenity recreation fee'' means the 
        recreation fee authorized by [section 3(g)] section 
        803(g).
    Fish and Wildlife Service.
          [(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(a)(7)] section 
        805(a)(7).
          [(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(d)] 
        section 805(d).
          (9) Recreation service provider.--The term 
        ``recreation service provider'' means a person that 
        provides recreational services to the public under a 
        special recreation permit under clause (iii) or (iv) of 
        paragraph (13)(A).
          [(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] section 807 for a Federal land 
        management agency.
          (13) Special recreation permit.--
                  (A) In general.--The term ``special 
                recreation permit'' means a permit issued by a 
                Federal land management agency for the use of 
                Federal recreational lands and waters--
                          (i) for a specialized recreational 
                        use not described in clause (ii), 
                        (iii), or (iv), such as--
                                  (I) an organizational camp;
                                  (II) a single event that does 
                                not require an entry or 
                                participation fee that is not 
                                strictly a sharing of expenses 
                                for the purposes of the event; 
                                and
                                  (III) participation by the 
                                public in a recreation activity 
                                or recreation use of a specific 
                                area of Federal recreational 
                                lands and waters in which use 
                                by the public is allocated;
                          (ii) for a large group activity or 
                        event for not fewer than 75 
                        participants;
                          (iii) for--
                                  (I) at the discretion of the 
                                Secretary, a single organized 
                                group recreation activity or 
                                event (including an activity or 
                                event in which motorized 
                                recreational vehicles are used 
                                or in which outfitting and 
                                guiding services are used) 
                                that--
                                          (aa) is a structured 
                                        or scheduled event;
                                          (bb) is not 
                                        competitive and is for 
                                        fewer than 75 
                                        participants;
                                          (cc) may charge an 
                                        entry or participation 
                                        fee;
                                          (dd) involves fewer 
                                        than 200 visitor-use 
                                        days; and
                                          (ee) is undertaken or 
                                        provided by the 
                                        recreation service 
                                        provider at the same 
                                        site not more 
                                        frequently than 3 times 
                                        a year; or
                                  (II) a single competitive 
                                event; or
                          (iv) for--
                                  (I) a recurring outfitting, 
                                guiding, or, at the discretion 
                                of the Secretary, other 
                                recreation service, the 
                                authorization for which is for 
                                a term of not more than 10 
                                years; or
                                  (II) a recurring outfitting, 
                                guiding, or, at the discretion 
                                of the Secretary, other 
                                recreation service, that occurs 
                                under a transitional special 
                                recreation permit authorized 
                                section 312(a) of the America's 
                                Outdoor Recreation Act of 2022.
                  (B) Exclusions.--The term ``special 
                recreation permit'' does not include--
                          (i) a concession contract for the 
                        provision of accommodations, 
                        facilities, or services;
                          (ii) a commercial use authorization 
                        issued under section 101925 of title 
                        54, United States Code; or
                          (iii) any other type of permit, 
                        including a special use permit 
                        administered by the National Park 
                        Service.
          [(13)] (14) Special recreation permit fee.--The term 
        ``special recreation permit fee'' means the fee 
        authorized by [section 3(h)] section 803(h)(2).
          [(1)] (15) Standard amenity recreation fee.--The term 
        ``standard amenity recreation fee'' means the 
        recreation fee authorized by [section 3(f)] section 
        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)] section 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] title 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 insection 101 of 
                title 23,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] title.
                  (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] 
                title.

           *       *       *       *       *       *       *

          (4) No restriction on recreation opportunities.--
        Nothing in this [Act] title shall limit the use of 
        recreation opportunities only to areas designated for 
        collection of recreation fees.

           *       *       *       *       *       *       *

    [(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 Permits and Fees.--
      (1) Special recreation permits.--
                (A) Applications.--The Secretary shall develop 
                and make available to the public an application 
                to obtain a special recreation permit described 
                in clause (ii), (iii), or (iv) of section 
                802(13)(A).
                  (B) Issuance of permits.--On review of a 
                completed application developed under 
                subparagraph (A) and a determination by the 
                Secretary that the applicant is eligible for 
                the special recreation permit, the Secretary 
                may issue to the applicant a special recreation 
                permit, subject to any terms and conditions 
                that are determined to be necessary by the 
                Secretary.
                  (C) Incidental sales.--A special recreation 
                permit issued under this paragraph may include 
                an authorization for sales that are incidental 
                in nature to the permitted use of the Federal 
                recreational lands and waters.
          (2) Special recreation permit fees.--
                  (A) In general.--The Secretary may charge a 
                special recreation permit fee for the issuance 
                of a special recreation permit issued under 
                paragraph (1) in accordance with this 
                paragraph.
                  (B) Predetermined special recreation permit 
                fees.--
                          (i) In general.--For purposes of 
                        subparagraphs (D) and (E), the 
                        Secretary shall establish and charge a 
                        predetermined fee, described in clause 
                        (ii), for a special recreation permit 
                        described in clause (iii) or (iv) of 
                        section 802(13)(A) for a specific type 
                        of use on a unit of Federal 
                        recreational lands and waters, 
                        consistent with the criteria set forth 
                        in clause (iii).
                          (ii) Type of fee.--A predetermined 
                        fee described in clause (i) shall be--
                                  (I) a fixed fee that is 
                                assessed per special recreation 
                                permit, including a fee with an 
                                associated size limitation or 
                                other criteria as determined to 
                                be appropriate by the 
                                Secretary; or
                                  (II) an amount assessed per 
                                visitor-use day.
                          (iii) Criteria.--A predetermined fee 
                        under clause (i) shall--
                                  (I) have been established 
                                before the date of enactment of 
                                the America's Outdoor 
                                Recreation Act of 2022;
                                  (II) be established after the 
                                date of enactment of the 
                                America's Outdoor Recreation 
                                Act of 2022, in accordance with 
                                subsection (b);
                                  (III)(aa) be established 
                                after the date of enactment of 
                                the America's Outdoor 
                                Recreation Act of 2022; and
                                  (bb) be comparable to an 
                                amount described in 
                                subparagraph (D)(ii) or E(ii), 
                                as applicable; or
                                  (IV) beginning on the date 
                                that is 2 years after the date 
                                of enactment of the America's 
                                Outdoor Recreation Act of 2022, 
                                be $6 in instances in which the 
                                Secretary has not established a 
                                predetermined fee under 
                                subclause (I), (II), or (III).
                  (C) Calculation of fees for allocated public 
                use, large group activities, and other 
                activities.--The Secretary may, at the 
                discretion of the Secretary, establish and 
                charge a fee for a special recreation permit 
                described in clause (i) or (ii) of section 
                802(13)(A).
                  (D) Calculation of fees for single organized 
                group recreation activities, competitive 
                events, and events for which a participation 
                fee is charged.--If the Secretary elects to 
                charge a fee for a special recreation permit 
                described in section 802(13)(A)(iii), the 
                Secretary shall charge the recreation service 
                provider, based on the election of the 
                recreation service provider--
                          (i) the applicable predetermined fee 
                        established under subparagraph (B); or
                          (ii) an amount equal to a percentage 
                        of, to be determined by the Secretary, 
                        but to not to exceed 5 percent of, 
                        adjusted gross receipts calculated 
                        under subparagraph (F).
                  (E) Calculation of fees for transitional 
                permits and long term permits.--Subject to 
                subparagraph (G), if the Secretary elects to 
                charge a fee for a special recreation permit 
                described in section 802(13)(A)(iv), the 
                Secretary shall charge the recreation service 
                provider, based on the election of the 
                recreation service provider--
                          (i) the applicable predetermined fee 
                        established under subparagraph (B); or
                          (ii) an amount equal to a percentage 
                        of, to be determined by the Secretary, 
                        but not to exceed 3 percent of, 
                        adjusted gross receipts calculated 
                        under subparagraph (F).
                  (F) Adjusted gross receipts.--For the 
                purposes of subparagraphs (D)(ii) and (E)(ii), 
                the Secretary shall calculate the adjusted 
                gross receipts collected for each trip or event 
                authorized under a special recreation permit, 
                using either of the following calculations, 
                based on the election of the recreation service 
                provider:
                          (i) The sum of--
                                  (I) the product obtained by 
                                multiplying--
                                          (aa) the general 
                                        amount paid by 
                                        participants of the 
                                        trip or event to the 
                                        recreation service 
                                        provider for the 
                                        applicable trip or 
                                        event (excluding 
                                        amounts related to 
                                        goods, souvenirs, 
                                        merchandise, gear, and 
                                        additional food 
                                        provided or sold by the 
                                        recreation service 
                                        provider); and
                                          (bb) the quotient 
                                        obtained by dividing--
                                            (AA) the number of 
                                        days of the trip or 
                                        event that occurred on 
                                        Federal recreational 
                                        lands and waters 
                                        covered by the special 
                                        recreation permit, 
                                        rounded to the nearest 
                                        whole day; by
                                            (BB) the total 
                                        number of days of the 
                                        trip or event; and (II) 
                                        the amount of any 
                                        additional revenue 
                                        received by the 
                                        recreation service 
                                        provider for an add-on 
                                        activity or an optional 
                                        excursion that occurred 
                                        on the Federal 
                                        recreational lands and 
                                        waters covered by the 
                                        special recreation 
                                        permit.
                          (ii) The difference between--
                                  (I) the total cost paid by 
                                the participants of the trip or 
                                event for the trip or event to 
                                the recreation service 
                                provider, including any 
                                additional revenue received by 
                                the recreation service provider 
                                for an add-on activity or an 
                                optional excursion that 
                                occurred on the Federal 
                                recreational lands and waters 
                                covered by the special 
                                recreation permit; and
                                  (II) the sum of--
                                          (aa) the amount of 
                                        any revenues from 
                                        goods, souvenirs, 
                                        merchandise, gear, and 
                                        additional food 
                                        provided or sold by the 
                                        recreation service 
                                        provider to the 
                                        participants of the 
                                        applicable trip or 
                                        event;
                                          (bb) the amount of 
                                        any costs or revenues 
                                        from services and 
                                        activities provided or 
                                        sold by the recreation 
                                        service provider to the 
                                        participants of the 
                                        trip or event that 
                                        occurred in a location 
                                        other than the Federal 
                                        recreational lands and 
                                        waters covered by the 
                                        special recreation 
                                        permit (including costs 
                                        for travel and lodging 
                                        outside the Federal 
                                        recreational lands and 
                                        waters covered by the 
                                        special recreation 
                                        permit); and
                                          (cc) the amount of 
                                        any revenues from any 
                                        service provided by a 
                                        recreation service 
                                        provider for an 
                                        activity on Federal 
                                        recreational lands and 
                                        waters that is not 
                                        covered by the special 
                                        recreation permit.
                  (G) Exception.--Notwithstanding subparagraph 
                (E), the Secretary may charge a recreation 
                service provider a minimum annual fee for a 
                special recreation permit described in section 
                802(13)(A)(iv).
                  (H) Savings clauses.--
                          (i) Effect.--Nothing in this 
                        paragraph affects any fee for--
                                  (I) a concession contract 
                                administered by the National 
                                Park Service for the provision 
                                of accommodations, facilities, 
                                or services; or
                                  (II) a commercial use 
                                authorization for use of 
                                Federal recreational lands and 
                                waters managed by the National 
                                Park Service.
                          (ii) Cost recovery.--Nothing in this 
                        paragraph affects the ability of the 
                        Secretary to recover any administrative 
                        costs under section 325 of the 
                        America's Outdoor Recreation Act of 
                        2022.
                          (iii) Special recreation permit fees 
                        and other recreation fees.--The 
                        collection of a special recreation 
                        permit fee under this paragraph shall 
                        not affect the authority of the 
                        Secretary to collect an entrance fee, a 
                        standard amenity recreation fee, or an 
                        expanded amenity recreation fee 
                        authorized under subsections (e), (f), 
                        and (g).
    (i) Disclosure of Recreation Fees and Use of Recreation 
Fees.--
          (1) Notice of entrance fees, standard amenity 
        recreation fees, expanded amenity recreation fees, and 
        passes.--
                  (A) In general.--The Secretary shall post 
                clear notice of any entrance fee, standard 
                amenity recreation fee, expanded amenity 
                recreation fee, and available recreation passes 
                at appropriate locations in each unit or area 
                of Federal recreational land and waters at 
                which an entrance fee, standard amenity 
                recreation fee, or expanded amenity recreation 
                fee is charged.
                  (B) Publications.--The Secretary shall 
                include in publications distributed at a unit 
                or area or described in subparagraph (A) the 
                notice described in that subparagraph.
          (2) Notice of uses of fees.--Beginning on January 1, 
        2024, the Secretary shall annually post, at the 
        location at which a recreation fee described in 
        paragraph (1)(A) is collected, clear notice of--
                  (A) the total recreation fees collected 
                during each of the 2 preceding fiscal years at 
                the respective unit or area of the Federal land 
                management agency; and
                  (B) each use during the preceding fiscal year 
                of the applicable recreation fee or recreation 
                pass revenues collected under this section.
          (3) Notice of recreation fee projects.--To the extent 
        practicable, the Secretary shall post clear notice at 
        the location at which work is performed using 
        recreation fee and recreation pass revenues collected 
        under this section.
          (4) Centralized reporting on agency websites.--
                  (A) In general.--Not later than January 1, 
                2023, and not later than 60 days after the 
                beginning of each fiscal year thereafter, the 
                Secretary shall post on the website of the 
                applicable Federal land management agency a 
                searchable list of each use during the 
                preceding fiscal year of the recreation fee or 
                recreation pass revenues collected under this 
                section.
                  (B) List components.--The list required under 
                subparagraph (A) shall include, with respect to 
                each use described in that subparagraph--
                          (i) a title and description of the 
                        overall project;
                          (ii) a title and description for each 
                        component of the project;
                          (iii) the location of the project; 
                        and
                          (iv) the amount obligated for the 
                        project.
          (5) Notice to customers.--A recreation service 
        provider may inform a customer of the recreation 
        service provider of any fee charged by the Secretary 
        under this section.
    (j) Online Payments.--
          (1) In general.--In addition to providing onsite 
        payment methods, the Secretaries may collect payment 
        online for--
                  (A) entrance fees under subsection (e);
                  (B) standard amenity recreation fees;
                  (C) expanded amenity recreation fees; and
                  (D) special recreation permit fees.
          (2) Distribution of online payments.--An online 
        payment collected under paragraph (1) that is 
        associated with a specific unit or area of a Federal 
        land management agency shall be distributed in 
        accordance with section 805(c).

SEC. 804. PUBLIC PARTICIPATION.

           *       *       *       *       *       *       *


    [(e) Miscellaneous Administrative Provisions Regarding 
Recreation Fees and Recreation Passes.--
          (1) Notice of entrance fees, standard amenity 
        recreation fees, and passes.--The Secretary shall post 
        clear notice of any entrance fee, standard amenity 
        recreation fee, and available recreation passes at 
        appropriate locations in each unit or area of a Federal 
        land management agency where an entrance fee or a 
        standard amenity recreation fee is charged. The 
        Secretary shall include such notice in publications 
        distributed at the unit or area.
          (2) Notice of recreation fee projects.--To the extent 
        practicable, the Secretary shall post clear notice of 
        locations where work is performed using recreation fee 
        or recreation pass revenues collected under this Act.]

SEC. 805. RECREATION PASSES.

    (a) America the Beautiful--The National Parks and Federal 
Recreational Lands Pass.--

           *       *       *       *       *       *       *

          (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 National Parks and Federal Recreational 
                Lands Pass--
                          (i) at all Federal recreational lands 
                        and waters at which--
                                  (I) an entrance fee or a 
                                standard amenity recreation fee 
                                is charged; and
                                  (II) such sales are feasible;
                          (ii) at such other locations as the 
                        Secretaries determine to be 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 the Federal land 
                        management agencies, which shall 
                        include--
                                  (I) a prominent link on each 
                                website; and
                                  (II) information about where 
                                and when the National Parks and 
                                Federal Recreational Lands Pass 
                                may be used.
                  (B) Use of vendors.--The Secretary may enter 
                into fee management agreements as provided 
                insection 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.
          (10) Digital recreation passes.--By not later than 
        January 1, 2024, the Secretaries shall--
                  (A) establish a digital version of the 
                National Parks and Federal Recreational Lands 
                Pass that is able to be stored on a mobile 
                device; and
                  (B) on the completion of a sale carried out 
                under paragraph (6)(A)(iii), make available to 
                the passholder the digital version of the 
                National Parks and Federal Recreational Lands 
                Pass established under subparagraph (A).

           *       *       *       *       *       *       *


SEC. 806. COOPERATIVE AGREEMENTS

    (a) Fee Management Agreement.--Notwithstanding chapter 63 
of title 31, the Secretary may enter into a fee management 
agreement, including a contract, which may provide for a 
reasonable commission, reimbursement, or discount, with the 
following entities for the following purposes:
          (1) With any governmental or nongovernmental entity, 
        including those in a gateway community, for the purpose 
        of obtaining fee collection and processing services, 
        including visitor reservation services.
          (2) With any governmental or nongovernmental entity, 
        including those in a gateway community, for the purpose 
        of obtaining emergency medical services.
          (3) With any governmental entity, including those in 
        a gateway community, to obtain law enforcement 
        services.
    (b) Revenue Sharing.--A State or legal subdivision of a 
State that enters into an agreement with the Secretary under 
subsection (a) may share in a percentage of the revenues 
collected at the site in accordance with that fee management 
agreement.
    (c) County Proposals.--The Secretary shall consider any 
proposal submitted by a county to provide services described in 
subsection (a). If the Secretary decides not to enter into a 
fee management agreement with the county under subsection (a), 
the Secretary shall notify the county in writing of the 
decision, identifying the reasons for the decision. The fee 
management agreement may include cooperative site planning and 
management provisions.
    (d) Federal Sales of State and County Recreation Passes.--
          (1) In general.--On receipt of a request by a State 
        or county, the Secretaries may, on behalf of the State 
        or county--
                  (A) sell a pass covering a fee charged by a 
                State or county for entrance to, or 
                recreational use of, a park or public land in 
                the State or county; and
                  (B) collect any required fees for a pass sold 
                under subparagraph (A).
          (2) Revenue from pass sales.--The Secretaries shall 
        transfer to the applicable State or county any amounts 
        collected on behalf of the State or county under 
        paragraph (1)(B).
    (e) Coordinating the Sales of Federal, State, and Local 
Recreation Passes.--The Secretaries, in consultation with 
States and counties, shall seek to coordinate the availability 
of Federal, State, and county recreation passes to allow an 
individual to purchase a Federal recreation pass and a State or 
county recreation pass in a single transaction.

           *       *       *       *       *       *       *


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 
                undersection [6(a)]806(a) or a visitor 
                reservation service[.];
                  (G) the processing of special recreation 
                permit applications and administration of 
                special recreation permits; and
                  (H) the improvement of the operation of the 
                special recreation permit program under section 
                803(h).
    (b) 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) Administration, Overhead, and Indirect Costs.--The 
Secretary may use not more than an average of 15 percent of 
total revenues collected under this [Act] title for 
administration, overhead, and indirect costs related to the 
recreation fee program by that Secretary.
    (d) Transitional Exception.--Notwithstanding any other 
provision of this [Act] title, 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] section 
        805(a)(7); and
          (2) a regional multientity pass authorized [section 
        5] 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 of the Secretary to carry out this Act shall 
terminate 10 years after the date of the enactment of this 
Act.]

SEC. [811]810. VOLUNTEERS.

           *       *       *       *       *       *       *


SEC. [812]811. ENFORCEMENT AND PROTECTION OF RECEIPTS.

           *       *       *       *       *       *       *


SEC. [813]812. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES.

           *       *       *       *       *       *       *


SEC. [814]813. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.

           *       *       *       *       *       *       *


SEC. [815]814. LIMITATION ON USE OF FEES FOR EMPLOYEE BONUSES

           *       *       *       *       *       *       *


                           Public Law 117-114


               Modernizing Access to Our Public Land Act


   AN ACT To Require the Secretary of the Interior, the Secretary of 
Agriculture, and the Assistant Secretary of the Army for Civil Works to 
  Digitize and Make Publicly Available Geographic Information System 
 Mapping Data Relating to Public Access to Federal Land and Waters for 
Outdoor Recreation, and for Other Purposes.

           *       *       *       *       *       *       *


SEC. 3. INTERAGENCY DATA STANDARDIZATION.

    Not later than 30 months after the date of enactment of 
this Act, the Secretaries shall jointly develop and adopt 
interagency standards to ensure compatibility and 
interoperability among applicable Federal databases with 
respect to the collection and dissemination of data--
          (1) relating to [public outdoor recreational use] 
        recreation sites on Federal land; and
          (2) used to depict locations at which recreation uses 
        are available to the public.

SEC. 4. DIGITIZATION AND PUBLICATION OF EASEMENTS.

    (a) In General.--Not later than 4 years after the date of 
enactment of this Act, each of the Secretaries, to the maximum 
extent practicable, shall digitize and publish on the 
applicable agency website geographic information system mapping 
data that specifies, with respect to the relevant Secretary, 
all Federal interests in private land, including easements 
(other than flowage easements), reservations, and rights-of-
way--
          (1) to which the Federal Government does not have a 
        fee title interest; and
          (2) that may be used to provide public recreational 
        access to the Federal land.
    (b) Public Comment.--The Secretaries shall develop a 
process to allow members of the public to submit questions or 
comments regarding the information described in subsection (a).

SEC. 5. DATA CONSOLIDATION AND PUBLICATION OF ROUTE AND AREA DATA 
                    PUBLIC RECREATIONAL USE.

    (a) In general.--Beginning not later than 5 years after the 
date of enactment of this Act, each of the Secretaries, to the 
maximum extent practicable, shall make publicly available on 
the website of the Department of the Interior, the Forest 
Service, and the Corps of Engineers, as applicable, geographic 
information system data with respect to the following:
          (1) Status information with respect to whether roads 
        and trails on the Federal land are open or closed.
          (2) The dates on which roads and trails on the 
        Federal land are seasonally closed.
          (3) The classes of vehicles and types of recreational 
        uses that are allowed on each segment of roads and 
        trails on the Federal land, including the 
        permissibility of--
                  (A) off-highway vehicles;
                  (B) motorcycles;
                  (C) nonmotorized bicycles;
                  (D) electric bicycles;
                  (E) passenger vehicles;
                  (F) nonmechanized transportation; and
                  (G) over-snow vehicles.
          (4) The boundaries of areas where hunting or 
        recreational shooting (including archery, firearm 
        discharge, and target shooting) is [permanently 
        restricted or prohibited] regulated or closed on the 
        Federal land.
    (b) Updates.--
          (1) In general.--The Secretaries, to the maximum 
        extent practicable, shall update the data described in 
        subsection (a) not less frequently than twice per year.
          (2) Public comment.--The Secretaries shall develop a 
        process to allow members of the public to submit 
        questions or comments regarding the information 
        described in subsection (a).
      (c) Effect.--Geographic information system data made 
publicly available under subsection (a) shall not disclose 
information regarding the nature, location, character, or 
ownership of historic, paleontological, or archaeological 
resources, consistent with applicable law.

SEC. 6. COOPERATION AND COORDINATION.

    (a) Third-Party Providers.--The Secretaries may enter into 
an agreement with a third party to carry out any provision of 
this Act.
    (b) US Geological Survey.--The Secretaries [may] shall work 
with the Director of the United States Geological Survey to 
collect, aggregate, digitize, standardize, or publish data on 
behalf of [the Secretary of the Interior] the Secretaries to 
meet the requirements of this Act.

           *       *       *       *       *       *       *


          TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

                    Subtitle I--National Park System

Division A--Establishment and General Administration

           *       *       *       *       *       *       *


                      Chapter 1009--Administration

Sec.
100901. Authority of Secretary to carry out certain activities.
100902. Rights of way for public utilities and power and communication 
          facilities.
100903. Solid waste disposal operations.
100904. Admission and special recreation uses fees.
[100905. Commercial filming.]
100905. Filming and still photography in System units.
100906. Advisory committees.

[Sec. 100905. Commercial filming

    (a) Commercial Filming Fee.--
          (1) In general.--The Secretary shall require a permit 
        and shall establish a reasonable fee for commercial 
        filming activities or similar projects in a System 
        unit. The fee shall provide a fair return to the United 
        States and shall be based on the following criteria:
                  (A) The number of days the filming activity 
                or similar project takes place in the System 
                unit.
                  (B) The size of the film crew present in the 
                System unit.
                  (C) The amount and type of equipment present 
                in the System unit.
          (2) Other factors.--The Secretary may include other 
        factors in determining an appropriate fee as the 
        Secretary considers necessary.
    (b) Recovery of Costs.--The Secretary shall collect any 
costs incurred as a result of filming activities or similar 
projects, including administrative and personnel costs. All 
costs recovered shall be in addition to the fee assessed in 
subsection (a).
    (c) Still Photography.--
          (1) In general.--Except as provided in paragraph (2), 
        the Secretary shall not require a permit or assess a 
        fee for still photography in a System unit if the 
        photography takes place where members of the public are 
        generally allowed. The Secretary may require a permit, 
        assess a fee, or both, if the photography takes place 
        at other locations where members of the public are 
        generally not allowed, or where additional 
        administrative costs are likely.
          (2) Exception.--The Secretary shall require and shall 
        establish a reasonable fee for still photography that 
        uses models or props that are not a part of the site's 
        natural or cultural resources or administrative 
        facilities.
    (d) Protection of Resources.--The Secretary shall not 
permit any filming, still photography or other related activity 
if the Secretary determines that--
          (1) there is a likelihood of resource damage;
          (2) there would be an unreasonable disruption of the 
        public's use and enjoyment of the site; or
          (3) the activity poses health or safety risks to the 
        public.
    (e) Use of Proceeds.--
          (1) Fees.--All fees collected under this section 
        shall be available for expenditure by the Secretary, 
        without further appropriation and shall remain 
        available until expended.
          (2) Costs.--All costs recovered under this section 
        shall be available for expenditure by the Secretary, 
        without further appropriation, at the site where the 
        costs are collected and shall remain available until 
        expended.
    (f) Processing of Permit Applications.--The Secretary shall 
establish a process to ensure that the Secretary responds in a 
timely manner to permit applicants for commercial filming, 
still photography, or other activity.]

Sec. 100905. Filming and still photography in System units

    (a) Filming and Still Photography.--
          (1) In general.--The Secretary shall ensure that a 
        filming or still photography activity or similar 
        project in a System unit (referred to in this section 
        as a `filming or still photography activity') and the 
        authorizing or permitting of a filming or still 
        photography activity are carried out consistent with--
                  (A) the laws and policies applicable to the 
                Service; and
                  (B) an applicable general management plan.
          (2) No permits required.--The Secretary shall not 
        require an authorization or a permit or assess a fee, 
        if a fee for a filming or still photography activity is 
        not otherwise required by law, for a filming or still 
        photography activity that--
                  (A)(i) involves fewer than 6 individuals; and
                  (ii) meets each of the requirements described 
                in paragraph (5); or
                  (B) is merely incidental to, or documenting, 
                an activity or event that is allowed or 
                authorized at the System unit, regardless of--
                          (i) the number of individuals 
                        participating in the allowed or 
                        authorized activity or event; or
                          (ii) whether any individual receives 
                        compensation for any products of the 
                        filming or still photography activity.
          (3) Filming and still photography authorizations for 
        de minimis use.--
                  (A) In general.--The Secretary shall 
                establish a de minimis use authorization for 
                certain filming or still photography activities 
                that meets the requirements described in 
                subparagraph (F).
                  (B) Policy.--For a filming or still 
                photography activity that meets the 
                requirements described in subparagraph (F), the 
                Secretary--
                          (i) may require a de minimis use 
                        authorization; and
                          (ii) shall not require a permit.
                  (C) No fee.--The Secretary shall not charge a 
                fee for a de minimis use authorization under 
                this paragraph.
                  (D) Access.--The Secretary shall enable 
                members of the public to apply for and obtain a 
                de minimis use authorization under this 
                paragraph--
                          (i) through the website of the 
                        Service; and
                          (ii) in person at the field office of 
                        the applicable System unit.
                  (E) Issuances.--The Secretary shall--
                          (i) establish a procedure--
                                  (I) to automate the approval 
                                of an application submitted 
                                through the website of the 
                                Service under subparagraph 
                                (D)(i); and
                                  (II) to issue a de minimis 
                                use authorization under this 
                                paragraph immediately on 
                                receipt of an application that 
                                is submitted in person at the 
                                field office of the applicable 
                                System unit under subparagraph 
                                (D)(ii); and
                          (ii) if an application submitted 
                        under subparagraph (D) meets the 
                        requirements of this paragraph, 
                        immediately on receipt of the 
                        application issue a de minimis use 
                        authorization for the filming or still 
                        photography activity.
                  (F) Requirements.--The Secretary shall only 
                issue a de minimis use authorization under this 
                paragraph if the filming or still photography 
                activity--
                          (i) involves a group of not fewer 
                        than 6 individuals and not more than 8 
                        individuals;
                          (ii) meets each of the requirements 
                        described in paragraph (5); and
                          (iii) is consistent with subsection 
                        (c).
                  (G) Contents.--A de minimis use authorization 
                issued under this paragraph shall list the 
                requirements described in subparagraph (F).
          (4) Required permits.--Except as provided in 
        paragraph (2)(B), the Secretary may require a permit 
        application and, if a permit is issued, assess a 
        reasonable fee, as described in subsection (b)(1), for 
        a filming or still photography activity that--
                  (A) involves more than 8 individuals;
                  (B) does not meet each of the requirements 
                described in paragraph (5); or
                  (C) is conducted in a component of the 
                National Wilderness Preservation System.
          (5) Requirements for filming or still photography 
        activity.--The requirements referred to in paragraphs 
        (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) are as 
        follows:
                  (A) A person conducts the filming or still 
                photography activity in a manner that--
                          (i) does not impede or intrude on the 
                        experience of other visitors to the 
                        applicable System unit;
                          (ii) except as otherwise authorized, 
                        does not disturb or negatively impact--
                                  (I) a natural or cultural 
                                resource; or
                                  (II) an environmental or 
                                scenic value; and
                          (iii) allows for equitable allocation 
                        or use of facilities of the applicable 
                        System unit.
                  (B) The person conducts the filming or still 
                photography activity at a location in which the 
                public is allowed.
                  (C) The person conducting the filming or 
                still photography activity does not require the 
                exclusive use of a site or area.
                  (D) The person does not conduct the filming 
                or still photography activity in a localized 
                area that receives a very high volume of 
                visitation.
                  (E) The person conducting the filming or 
                still photography activity does not use a set 
                or staging equipment, subject to the limitation 
                that handheld equipment (such as a tripod, 
                monopod, and handheld lighting equipment) shall 
                not be considered staging equipment for the 
                purposes of this subparagraph.
                  (F) The person conducting the filming or 
                still photography activity complies with and 
                adhere to visitor use policies, practices, and 
                regulations applicable to the applicable System 
                unit.
                  (G) The filming or still photography activity 
                is not likely to result in additional 
                administrative costs being incurred by the 
                Secretary with respect to the filming or still 
                photography activity, as determined by the 
                Secretary.
                  (H) The person conducting the filming or 
                still photography activity complies with other 
                applicable Federal, State, and local laws 
                (including regulations), including laws 
                relating to the use of unmanned aerial 
                equipment.
          (6) Content creation.--Regardless of distribution 
        platform, any video, still photograph, or audio 
        recording for commercial or noncommercial content 
        creation in a System unit shall be considered to be a 
        filming or still photography activity under this 
        subsection.
          (7) Effect.--
                  (A) Permits requested though not required.--
                On the request of a person intending to carry 
                out a filming or still photography activity, 
                the Secretary may issue a permit for the 
                filming or still photography activity, even if 
                a permit for the filming or still photography 
                activity is not required under this section.
                  (B) No additional permits, commercial use 
                authorizations, or fees for filming and still 
                photography at authorized events.--A filming or 
                still photography activity at an activity or 
                event that is allowed or authorized, including 
                a wedding, engagement party, family reunion, or 
                celebration of a graduate, shall be considered 
                merely incidental for the purposes of paragraph 
                (2)(B).
                  (C) Monetary compensation.--The receipt of 
                monetary compensation by the person conducting 
                the filming or still photography activity shall 
                not affect the permissibility of the filming or 
                still photography activity.
    (b) Fees and Recovery Costs.--
          (1) Fees.--The reasonable fees referred to in 
        subsection (a)(4) shall meet each of the following 
        criteria:
                  (A) The reasonable fee shall provide a fair 
                return to the United States.
                  (B) The reasonable fee shall be based on the 
                following criteria:
                          (i) The number of days of the filming 
                        or still photography activity.
                          (ii) The size of the film or still 
                        photography crew present in the System 
                        unit.
                          (iii) The quantity and type of film 
                        or still photography equipment present 
                        in the System unit.
                          (iv) Any other factors that the 
                        Secretary determines to be necessary.
          (2) Recovery of costs.--
                  (A) In general.--The Secretary shall collect 
                from the applicant for the applicable permit 
                any costs incurred by the Secretary related to 
                a filming or still photography activity subject 
                to a permit under subsection (a)(4), 
                including--
                          (i) the costs of the review or 
                        issuance of the permit; and
                          (ii) related administrative and 
                        personnel costs.
                  (B) Effect on fees collected.--All costs 
                recovered under subparagraph (A) shall be in 
                addition to the fee described in paragraph (1).
          (3) Use of proceeds.--
                  (A) Fees.--All fees collected under this 
                section shall--
                          (i) be available for expenditure by 
                        the Secretary, without further 
                        appropriation; and
                          (ii) remain available until expended.
                  (B) Costs.--All costs recovered under 
                paragraph (2)(A) shall--
                          (i) be available for expenditure by 
                        the Secretary, without further 
                        appropriation, at the System unit at 
                        which the costs are collected; and
                          (ii) remain available until expended.
    (c) Protection of Resources.--The Secretary shall not allow 
a person to undertake a filming or still photography activity 
if the Secretary determines that--
          (1) there is a likelihood that the person would cause 
        resource damage at the System unit, except as otherwise 
        authorized;
          (2) the person would create an unreasonable 
        disruption of the use and enjoyment by the public of 
        the System unit; or
          (3) the filming or still photography activity poses a 
        health or safety risk to the public.
    (d) Processing of Permit Applications.--
          (1) In general.--The Secretary shall establish a 
        process to ensure that the Secretary responds in a 
        timely manner to an application for a permit for a 
        filming or still photography activity required under 
        subsection (a)(4).
          (2) Coordination.--If a permit is required under this 
        section for 2 or more Federal agencies or System units, 
        the Secretary and the head of any other applicable 
        Federal agency, as applicable, shall, to the maximum 
        extent practicable, coordinate permit processing 
        procedures, including through the use of identifying a 
        lead agency or lead System unit--
                  (A) to review the application for the permit;
                  (B) to issue the permit; and
                  (C) to collect any required fees.

           *       *       *       *       *       *       *


Chapter 1049--Miscellaneous

           *       *       *       *       *       *       *



Sec. 104909. Wildlife management in parks

    (a) Use of Qualified Volunteers.--If the Secretary 
determines it is necessary to reduce the size of a wildlife 
population on System land in accordance with applicable law 
(including regulations), the Secretary may use qualified 
volunteers to assist in carrying out wildlife management on 
System land.
    (b) Requirements for Qualified Volunteers.--Qualified 
volunteers providing assistance under subsection (a) shall be 
subject to--
          (1) any training requirements or qualifications 
        established by the Secretary; and
          (2) any other terms and conditions that the Secretary 
        may require.
    (c) Donations.--The Secretary may authorize the donation 
and distribution of meat [from]and any other part of an animal 
removed pursuant to wildlife management activities carried out 
under this section, including the donation and distribution to 
Indian Tribes, qualified volunteers, food banks, and other 
organizations that work to address hunger, in accordance with 
applicable health guidelines and such terms and conditions as 
the Secretary may require.

           *       *       *       *       *       *       *


                Subtitle II--Outdoor Recreation Programs

                 Chapter 2001--Coordination of Programs

Sec.
200101. Findings and declaration of policy.
200102. Definitions.
200103. Authority of Secretary to carry out certain functions and 
          activities.
[200104. Consultations of Secretary with administrative officers; 
          execution of administrative responsibilities in conformity 
          with nationwide plan.
200104. Federal Interagency Council on Outdoor Recreation.

           *       *       *       *       *       *       *


Sec. 200103. Authority of Secretary to carry out certain functions and 
                    activities

    (a) In General.--To carry out this chapter, the Secretary 
may perform the functions and activities described in this 
section.
    (b) Inventory and Evaluation.--The Secretary may prepare 
and maintain a continuing inventory and evaluation of outdoor 
recreation needs and resources of the United States.
    (c) Classification System.--The Secretary may prepare a 
system for classification of outdoor recreation resources to 
assist in the effective and beneficial use and management of 
such resources.
    [(d) Recreation Plan.--The Secretary may formulate and 
maintain a comprehensive nationwide outdoor recreation plan, 
taking into consideration the plans of the various Federal 
agencies, States, and their political subdivisions. The plan 
shall set forth the needs and demands of the public for outdoor 
recreation and the current and foreseeable availability in the 
future of outdoor recreation resources to meet those needs. The 
plan shall identify critical outdoor recreation problems, 
recommend solutions, and recommend desirable actions to be 
taken at each level of government and by private interests. The 
Secretary shall submit the plan to the President for 
transmittal to Congress. Revisions of the plan shall be 
similarly transmitted at succeeding 5-year intervals. When a 
plan or revision is transmitted to the Congress, the Secretary 
shall transmit copies to the chief executive officials of the 
States.]
    [(e)](d) Technical Assistance and Advice.--The Secretary 
may provide technical assistance and advice to and cooperate 
with States, political subdivisions, and private interests, 
including nonprofit organizations, with respect to outdoor 
recreation.
    [(f)](e) Interstate and Regional Cooperation.--The 
Secretary may encourage interstate and regional cooperation in 
the planning, acquisition, and development of outdoor 
recreation resources.
    [(g)](f) Research, Information, and Education Programs and 
Activities.--The Secretary may--
          (1) sponsor, engage in, and assist in research 
        relating to outdoor recreation, directly or by contract 
        or cooperative agreements, and make payments for such 
        purposes without regard to the limitations of section 
        3324(a) and (b) of title 31 concerning advances of 
        funds when the Secretary considers such action to be in 
        the public interest;
          (2) undertake studies and assemble information 
        concerning outdoor recreation, directly or by contract 
        or cooperative agreement, and disseminate the 
        information without regard to section 3204 of title 39; 
        and
          (3) cooperate with educational institutions and 
        others to assist in establishing education programs and 
        activities and to encourage public use and benefits 
        from outdoor recreation.
    [(h)](g) Cooperation and Coordination With Federal 
Agencies.--
          (1) In general.--The Secretary may--
                  (A) cooperate with and provide technical 
                assistance to Federal agencies and obtain from 
                them information, data, reports, advice, and 
                assistance that are needed and can reasonably 
                be furnished in carrying out the purposes of 
                this chapter; and
                  (B) promote coordination of Federal plans and 
                activities generally relating to outdoor 
                recreation.
          (2) Funding.--An agency furnishing advice or 
        assistance under this paragraph may expend its own 
        funds for those purposes, with or without 
        reimbursement, as may be agreed to by that agency.
    [(i)](h) Donations.--The Secretary may accept and use 
donations of money, property, personal services, or facilities 
for the purposes of this chapter.

[Sec. 200104. Consultations of Secretary with administrative officers; 
                    execution of administrative responsibilities in 
                    conformity with nationwide plan

    To carry out the policy declared insection 200101 of this 
title, the heads of Federal agencies having administrative 
responsibility over activities or resources the conduct or use 
of which is pertinent to fulfillment of that policy shall, 
individually or as a group--
          (1) consult with and be consulted by the Secretary 
        from time to time both with respect to their conduct of 
        those activities and their use of those resources and 
        with respect to the activities that the Secretary 
        carries on under authority of this chapter that are 
        pertinent to their work; and
          (2) carry out that responsibility in general 
        conformance with the nationwide plan authorized 
        undersection 200103(d) of this title.]

Sec. 200104. Federal Interagency Council on Outdoor Recreation

    (a) Definitions.--In this section:
          (1) Council.--The term ``Council'' means the Federal 
        Interagency Council on Outdoor Recreation established 
        under subsection (b).
          (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).
    (b) Establishment.--The Secretary shall establish an 
interagency council, to be known as the ``Federal Interagency 
Council on Outdoor Recreation''.
    (c) Membership.--
          (1) In general.--The Council shall be composed of 
        members, to be appointed by the Secretary, who have 
        administrative responsibility over outdoor recreation 
        activities or resources, from the following:
                  (A) The National Park Service.
                  (B) The Bureau of Land Management.
                  (C) The United States Fish and Wildlife 
                Service.
                  (D) The Forest Service.
                  (E) The Corps of Engineers.
                  (F) The Council on Environmental Quality.
          (2) Additional members.--In addition to the members 
        described in paragraph (1), the Secretary may appoint 
        to the Council members from the following:
                  (A) The Bureau of Indian Affairs.
                  (B) The Bureau of Reclamation.
                  (C) The Natural Resources Conservation 
                Service.
                  (D) Rural development programs of the 
                Department of Agriculture.
                  (E) The Economic Development Administration.
                  (F) The National Travel and Tourism Office of 
                the Department of Commerce.
                  (G) The National Center for Chronic Disease 
                Prevention and Health Promotion.
                  (H) The Environmental Protection Agency.
                  (I) The Department of Transportation.
                  (J) The Tennessee Valley Authority.
                  (K) The National Oceanic and Atmospheric 
                Administration.
                  (L) The Federal Energy Regulatory Commission.
                  (M) An applicable State agency or office.
                  (N) An applicable agency or office of a local 
                government.
          (3) State coordination.--In appointing members to the 
        Council under this subsection, the Secretary shall seek 
        to ensure not fewer than 1 State is a member of the 
        Council.
    (d) Coordination.--The Council shall meet as frequently as 
appropriate for the purposes of coordinating--
          (1) implementation of the America's Outdoor 
        Recreation Act of 2022, including carrying out any 
        reports required under that Act or an amendment made by 
        that Act;
          (2) recreation management policies across Federal 
        agencies, including implementation of the Federal Lands 
        Recreation Enhancement Act (16 U.S.C. 6801 et seq.);
          (3) the response by an agency that manages Federal 
        recreational lands and waters to public health 
        emergencies or other emergencies that result in 
        disruptions to, or closures of, Federal recreational 
        lands and waters;
          (4) the expenditure of funds relating to outdoor 
        recreation on Federal recreational lands and waters, 
        including funds made available under section 
        40804(b)(7) of the Infrastructure Investment and Jobs 
        Act (16 U.S.C. 6592a(b)(7));
          (5) the adoption and expansion of emerging 
        technologies on Federal recreational lands and waters;
          (6) research activities, including quantifying the 
        economic impacts of recreation;
          (7) dissemination to the public of recreation-related 
        information (including information relating to 
        opportunities, reservations, accessibility, and 
        closures), in a manner that ensures the recreation-
        related information is easily accessible with modern 
        communication devices;
          (8) the improvement of access to Federal recreational 
        lands and waters; and
          (9) the identification and engagement of partners 
        outside the Federal Government--
                  (A) to promote outdoor recreation;
                  (B) to facilitate collaborative management of 
                outdoor recreation; and
                  (C) to provide additional resources relating 
                to enhancing outdoor recreation opportunities.
    (e) Effect.--Nothing in this section affects the 
authorities, regulations, or policies of any Federal agency 
described in paragraph (1) or (2) of subsection (c).

                                  [all]