[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.
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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).
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