[House Report 118-842]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-842
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
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MODERNIZING ACCESS TO OUR PUBLIC WATERS ACT
_______
December 10, 2024.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 6127]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 6127) to provide for the standardization,
consolidation, and publication of data relating to public
outdoor recreational use of Federal waterways among Federal
land and water management agencies, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing Access to Our Public
Waters Act'' or the ``MAPWaters Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal fishing restriction.--The term ``Federal fishing
restriction'' means a defined area in which all or certain
fishing activities are temporarily or permanently prohibited or
restricted by a Federal land or water management agency.
(2) Federal land or water management agency.--The term
``Federal land or water management agency'' means--
(A) the Bureau of Reclamation;
(B) the National Park Service;
(C) the Bureau of Land Management;
(D) the United States Fish and Wildlife Service; and
(E) the Forest Service.
(3) Federal waterway.--The term ``Federal waterway'' means
any portion of a body of water managed partially or wholly by 1
or more of the relevant Secretaries.
(4) Federal waterway restriction.--The term ``Federal
waterway restriction'' means a restriction on the access or use
of a Federal waterway applied under applicable law by 1 or more
of the Secretaries.
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture, acting through the
Chief of the Forest Service; and
(B) the Secretary of the Interior.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory and
possession of the United States.
SEC. 3. INTERAGENCY DATA STANDARDIZATION.
Not later than 30 months after the date of enactment of this Act, the
Secretaries, in coordination with the Federal Geographic Data Committee
established by section 753(a) of the FAA Reauthorization Act of 2018
(43 U.S.C. 2802(a)), shall jointly develop and adopt interagency
standards to ensure compatibility and interoperability among applicable
Federal databases with respect to the collection and dissemination of
geospatial data relating to public outdoor recreational access of
Federal waterways and Federal fishing restrictions.
SEC. 4. DATA CONSOLIDATION AND PUBLICATION.
(a) Federal Waterway Restrictions.--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 make publicly available online,
as applicable, geographic information system data that includes, with
respect to Federal waterway restrictions--
(1) status information with respect to the conditions under
which Federal waterways are open or closed to entry or
watercraft, including watercraft inspection, decontamination
requirements, low-elevation aircraft, or diving;
(2) the dates on which Federal waterways are seasonally
closed to entry or watercraft;
(3) the areas of Federal waterways with restrictions on
motorized propulsion, horsepower, or fuel type;
(4) the areas of Federal waterways with anchoring
restrictions, no wake zones, exclusion zones, danger areas, or
vessel speed restrictions;
(5) Federal waterway restrictions on the direction of travel,
including upstream or downstream travel; and
(6) the types of watercraft that are restricted on each area
of a Federal waterway, including the permissibility of--
(A) canoes;
(B) rafts and driftboats;
(C) motorboats;
(D) personal watercraft;
(E) airboats;
(F) amphibious aircraft;
(G) hovercraft;
(H) oversnow vehicles and other motorized vehicles on
frozen bodies of water; and
(I) oceangoing ships.
(b) Federal Waterway Access and Navigation Information.--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 make
publicly available online, as applicable, geographic information system
data that includes, with respect to Federal waterway access and
navigation information--
(1)(A) the location of boat ramps, portages, and fishing
access sites under the authority of the Federal land or water
management agency; and
(B) the identification of the dates on which the facilities
and sites identified under subparagraph (A) are open or closed,
as applicable; and
(2) bathymetric information and depth charts, as feasible.
(c) Federal Fishing Restrictions.--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 make publicly available online
geographic information system data that describes, with respect to
Federal fishing restrictions--
(1) the location and geographic boundaries of Federal fishing
restrictions on recreational and commercial fishing,
including--
(A) full or partial closures;
(B) no-take zones; and
(C) Federal fishing restrictions within or
surrounding marine protected areas;
(2) Federal fishing restrictions enacted pursuant to section
302(b) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1732(b)); and
(3) Federal requirements with respect to catch and release.
(d) Public Comment.--The Secretaries shall develop a process to allow
members of the public to submit questions or comments regarding the
information described in subsections (a) and (b).
(e) Updates.--The Secretaries, to the maximum extent practicable,
shall update--
(1) the data described in subsections (a) and (b) not less
frequently than 2 times per year; and
(2) the data described in subsection (c) in real time as
changes go into effect.
(f) Exclusion.--This section shall not apply to irrigation canals and
flowage easements.
(g) Disclosure.--Any geographic information system data made publicly
available under this section shall not disclose information regarding
the nature, location, character, or ownership of historic,
paleontological, or archaeological resources, consistent with
applicable law.
SEC. 5. COOPERATION AND COORDINATION.
(a) Community Partners and Third-party Providers.--For purposes of
carrying out this Act, the Secretaries may--
(1) coordinate and partner with non-Federal agencies and
private sector and nonprofit partners, including--
(A) State natural resource agencies;
(B) Tribal natural resource agencies;
(C) technology companies;
(D) geospatial data companies; and
(E) experts in data science, analytics, and
operations research; and
(2) enter into an agreement with a third party to carry out
any provision of this Act.
(b) United States Geological Survey.--The Secretaries may work with
the Director of the United States Geological Survey to collect,
aggregate, digitize, standardize, and publish data on behalf of the
Secretaries to meet the requirements of this Act.
(c) Requirement.--With respect to data developed and distributed
under this Act, the Secretaries shall include a notice that any
geospatial data are subject to applicable Federal, State, and Tribal
regulations.
SEC. 6. REPORTS.
Not later than 1 year after the date of enactment of this Act and
annually thereafter through March 30, 2034, the Secretaries shall
submit a report that describes the progress made by the Secretaries
with respect to meeting the requirements of this Act to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Agriculture, Nutrition, and Forestry of
the Senate;
(3) the Committee on Natural Resources of the House of
Representatives;
(4) the Committee on Energy and Commerce of the House of
Representatives; and
(5) the Committee on Agriculture of the House of
Representatives.
SEC. 7. EFFECT.
Nothing in this Act--
(1) modifies or alters the definition of the term ``navigable
waters'' under Federal law;
(2) affects the jurisdiction or authority of State or Federal
agencies to regulate navigable waters;
(3) modifies or alters the authority or jurisdiction of
Federal or State agencies to manage fisheries; or
(4) authorizes the closing of or restriction of access to
waters open to hunting, fishing, or other forms of outdoor
recreation as of the date of the enactment of this Act.
PURPOSE OF THE LEGISLATION
The purpose of H.R. 6127 is to provide for the
standardization, consolidation, and publication of data
relating to public outdoor recreational use of Federal
waterways among Federal land and water management agencies, and
for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 6127 would help enhance access to the nation's outdoor
recreational opportunities by digitizing and standardizing
mapping information, such as access points and permissible uses
of federal waters.
Specifically, the bill directs Bureau of Reclamation,
National Park Service, Bureau of Land Management, U.S. Fish and
Wildlife Service, and the Forest Service (referred to as the
federal land and water management agencies) to jointly develop
and adopt interagency standards to ensure compatibility and
interoperability among federal databases for the collection and
dissemination of outdoor recreation data related to federal
waterways. The bill stipulates that maps must be digitized and
published with geographic information system (GIS) mapping data
that includes:
Federal restrictions such as watercraft
inspection or decontamination requirements, seasonal
entries, types of watercraft permitted, and anchoring
or no wake zones;
Federal access and navigation information
such as the location of boat ramps, portages, and
fishing access sites under the authority of the Federal
land or water management agency, when these facilities
are open or closed and bathymetric information and
depth charts; and
Federal fishing restrictions.
H.R. 6127 would build upon the investments made in the John
D. Dingell, Jr. Conservation, Management, and Recreation Act
(P.L. 116-9), the Great American Outdoors Act (P.L. 116-152),
and the Modernizing Access to Our Public Land Act (P.L. 117-
114) to help ensure that hunters, anglers, and all Americans
can more easily find information and resources to help
facilitate access to our public waters.
An Amendment in the Nature of a Substitute (ANS) was
adopted at the markup of bill that removed the authorization of
appropriations section of the bill. This was done to ensure the
bill is compliant with House floor protocols. The ANS also made
technical changes to the bill, such as language to ensure that
Tribal, geospatial and technology companies were included in
the list of partners that federal land and water management
agencies could coordinate with to carry out the bill.
COMMITTEE ACTION
H.R. 6127 was introduced on November 1, 2023, by Rep. Blake
Moore (R-UT). The bill was referred to the Committee on Natural
Resources, and within the Committee to the Subcommittee on
Water, Wildlife and Fisheries. The bill was also referred to
the Committee on Agriculture. On November 14, 2023, the
Subcommittee on Water, Wildlife and Fisheries held a hearing on
the bill. On November 20, 2024, the Committee on Natural
Resources met to consider the bill. The Subcommittee on Water,
Wildlife and Fisheries was discharged from further
consideration of H.R. 6127 by unanimous consent. Chairman Bruce
Westerman (R-AR) offered an Amendment in the Nature of a
Substitute designated Westerman ANS_105. The amendment in the
nature of a substitute was agreed to by unanimous consent. The
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing by the Subcommittee on Water, Wildlife and Fisheries
held on November 14, 2023.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 names the bill as the ``Modernizing Access to Our
Public Waters Act'' or the ``MAPWaters Act''.
Section 2. Definitions
Section 2 provides definitions for relevant terms in the
legislation.
Section 3. Interagency data standardization
Requires the Secretary of Agriculture and Secretary of the
Interior, in coordination with the Federal Geographic Data
Committee, to jointly develop and adopt interagency standards
to ensure compatibility, across departments, of data related to
the access of Federal waterways and Federal fishing
restrictions.
Section 4. Data consolidation and publication
Directs federal land and water management agencies to
digitize and make publicly available geographic information
system mapping data relating to public access to Federal
waterways for outdoor recreation.
Section 5. Cooperation and coordination
Grants the Secretaries the ability to coordinate with State
and Tribal natural resource agencies, private companies, and
individuals to carry out the bill. Also calls upon the
Secretaries to work with the U.S. Geological Survey to collect,
aggregate, digitize, standardize, and publish data to meet the
requirements of this Act.
Section 6. Reports
Requires a report to relevant Congressional committees on
the progress made to meet the requirements of the bill no later
than 1 year after enactment and every year thereafter through
March 30, 2034.
Section 7. Effect
Clarifies that the bill does not modify the definition of
``navigable waters'' under federal law, affect federal or state
agency jurisdictions, or authorizes the closing or restriction
of access for outdoor recreation.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL
BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for the standardization,
consolidation, and publication of data relating to public
outdoor recreational use of Federal waterways among Federal
land and water management agencies, and for other purposes.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
EXISTING PROGRAMS
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
As ordered reported by the Committee on Natural Resources,
H.R. 6127 would make no changes in existing law.
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