[Senate Report 118-79]
[From the U.S. Government Publishing Office]
Calendar No. 172
118th Congress } { Report
SENATE
1st Session } { 118-79
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AMERICA'S OUTDOOR RECREATION ACT
_______
July 26, 2023.--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. 873]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 873), 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 amendments and recommends that the bill,
as amended, do pass.
Amendments
The amendments are as follows:
1. Strike section 122 and insert the following:
SEC. 122. CLIMBING GUIDANCE.
(a) Guidance.--Not later than 18 months after the date of
enactment of this Act, each Secretary concerned shall issue
guidance for recreational climbing activities on Federal land
under the jurisdiction of the Secretary concerned, including
within components of the National Wilderness Preservation
System.
(b) Applicable Law.--The guidance issued under subsection
(a) shall ensure that recreational climbing activities comply
with the laws (including regulations) applicable to the land
under the jurisdiction of the Secretary concerned.
(c) Wilderness Areas.--
(1) In general.--The guidance issued under subsection
(a) shall recognize that recreational climbing
(including the placement and maintenance of fixed
anchors, where necessary for safety) is an appropriate
recreational use within a component of the National
Wilderness Preservation System, if undertaken--
(A) in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and other applicable laws
(including regulations); and
(B) subject to any terms and conditions
determined to be appropriate by the Secretary
concerned.
(2) Authorization.--The guidance issued under
subsection (a) shall describe the requirements, if any,
for the placement and maintenance of fixed anchors for
recreational climbing in a component of the National
Wilderness Preservation System, including any terms and
conditions determined by the Secretary concerned to be
appropriate, which may be issued programmatically or on
a case-by-case basis.
(d) Existing Routes.--The guidance issued under subsection
(a) shall include direction providing for the continued use and
maintenance of recreational climbing routes (including fixed
anchors along the routes) in existence as of the date of
enactment of this Act, in accordance with this section, and
where appropriate.
(e) Public Comment.--Before finalizing the guidance issued
under subsection (a), the Secretary concerned shall provide
opportunities for public comment with respect to the guidance.
2. On page 26, lines 12 and 13, strike ``that has adequate
snowfall for over-snow vehicle use to occur'' and insert ``on
which over-snow vehicle use occurs, in accordance with existing
law''.
3. On page 26, line 18, insert ``seek to'' after ``shall''.
4. On page 27, between lines 2 and 3, insert the following:
(e) Savings Clause.--Nothing in this section prohibits a
lawful use, including a motorized or nonmotorized use, on
Federal recreational lands and waters administered by the Chief
of the Forest Service or the Director of the Bureau of Land
Management, if the Secretary concerned fails to meet a timeline
established under this section.
5. On page 124, strike lines 7 through 9 and insert the
following:
``(C) is a news-gathering activity, unless
the news-gathering activity--
``(i) involves more than 8
individuals; or
``(ii) does not meet each of the
requirements described in paragraph
(5).
6. On page 126, line 11, strike ``and''.
7. On page 126, line 12, strike the period at the end and
insert ``; and''.
8. On page 126, between lines 12 and 13, insert the
following:
``(iv) is not a filming or still
photography activity described in
subparagraph (B)
or (C) of paragraph (2).
9. On page 127, line 3, strike ``(2)(A)(ii), (3)(F)(ii),
(4)(B)'' after ``paragraphs`` and insert ``(2)(A)(ii),
(2)(C)(ii), (3)(F)(ii), and (4)(B)''.
10. On page 129, between lines 3 and 4, insert the
following:
``(6) Calculations with respect to number of
individuals.--
``(A) In general.--For the purposes of
calculating the number of individuals under
paragraphs (2), (3), and (4), the Secretary
shall only include an individual described in
subparagraph (B) that is conducting a filming
or still photography activity or that is
carrying out or participating as part of a team
or crew in a filming or still photography
activity at the same time in the same System
unit.
``(B) Description of individual.--An
individual referred to in subparagraph (A) is a
photographer, videographer, director, model,
actor, helper, assistant, or any other
individual who is purposefully or knowingly on-
site at the System unit as a part of the team
or crew in a filming or still photography
activity.
11. On page 129, line 4, strike ``(6)'' and insert ``(7)''.
12. On page 129, line 10, strike ``(7)'' and insert
``(8)''.
13. On page 130, line 23, strike ``(7)(A)'' and insert
``(8)(A)''.
14. On page 134, line 6, strike the closing quotation mark
and period at the end.
15. On page 134, between lines 6 and 7, insert the
following:
``(e) Guidance.--Not later than 2 years after the date of
enactment of the America's Outdoor Recreation Act of 2023, the
Secretary shall issue guidance to implement this section,
including establishing a civil penalty for failing to obtain a
de minimis use authorization required under subsection (a)(3)
or a permit required under subsection (a)(4).''.
16. On page 135, strike lines 22 through 24 and insert the
following:
``(C) is a news-gathering activity, unless
the news-gathering activity--
``(i) involves more than 8
individuals; or
``(ii) does not meet each of the
requirements described in paragraph
(5).
17. On page 138, line 7, strike ``and''.
18. On page 138, line 8, strike the period at the end and
insert ``; and''.
19. On page 138, between lines 8 and 9, insert the
following:
``(iv) is not a filming or still
photography activity described in
subparagraph (B) or (C) of paragraph
(2).
20. On page 138, line 24, strike ``(2)(A)(ii), (3)(F)(ii),
(4)(B)'' after ``paragraphs`` and insert ``(2)(A)(ii),
(2)(C)(ii), (3)(F)(ii), and (4)(B)''.
21. On page 141, between lines 2 and 3, insert the
following:
``(6) Calculations with respect to number of
individuals.--
``(A) In general.--For the purposes of
calculating the number of individuals under
paragraphs (2), (3), and (4), the Secretary
concerned shall only include an individual
described in subparagraph (B) that is
conducting a filming or still photography
activity or that is carrying out or
participating as part of a team or crew in a
filming or still photography activity at the
same time in the same Federal land management
unit.
``(B) Description of individual.--An
individual referred to in subparagraph (A) is a
photographer, videographer, director, model,
actor, helper, assistant, or any other
individual who is purposefully or knowingly on-
site at the Federal land management unit as a
part of the team or crew in a filming or still
photography activity.
22. On page 141, line 3, strike ``(6)'' and insert ``(7)''.
23. On page 141, line 9, strike ``(7)'' and insert ``(8)''.
24. On page 142, line 22, strike ``(7)(A)'' and insert
``(8)(A)''.
25. On page 146, between lines 9 and 10, insert the
following:
``(e) Guidance.--Not later than 2 years after the date of
enactment of the America's Outdoor Recreation Act of 2023, each
of the Secretary of the Interior and the Secretary of
Agriculture shall issue guidance to implement this section,
including establishing a civil penalty for failing to obtain a
de minimis use authorization required under subsection (a)(3)
or a permit required under subsection (a)(4).''.
26. On page 146, line 10, strike ``(e)'' and insert
``(f)''.
Purpose
The purpose of S. 873 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. 873 would provide needed updates
to these existing laws.
Legislative History
S. 873 was introduced by Senators Manchin and Barrasso on
March 16, 2023. Similar legislation, S. 3266, was introduced in
the 117th Congress, 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 ordered S. 3266
reported favorably with an amendment in the nature of a
substitute (S. Rept. 117-284).
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 17, 2023, by a majority voice vote
of a quorum present, recommends that the Senate pass S. 873, as
amended as described herein.
Committee Amendments
During its consideration of S. 873, the Committee adopted
numerous amendments to modify section 122, relating to the
issuance of climbing guidance in wilderness areas, to clarify
section 135(b), relating to over-snow vehicle use maps, to add
a savings clause to section 135, relating to travel management,
to clarify section 401, relating to filming on public lands,
and to make various technical, clarifying, and conforming
amendments to the bill. The following section-by-section
analysis includes the changes made to S. 873 as ordered
reported.
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 2023'' 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. Climbing guidance
This section directs the Forest Service and agencies within
the Department of the Interior, within 18 months and after a
notice and comment period, to issue guidance on climbing
management on Federal lands, including within designated
wilderness areas. Such guidance must recognize that
recreational climbing is an appropriate use within wilderness
areas when undertaken in accordance with applicable laws and
subject to terms and conditions that the relevant agency
determines are appropriate. The guidance must describe any
requirements for the placement and maintenance of fixed anchors
and associated routes in wilderness areas and must include
direction providing for the continued use and maintenance of
existing recreational climbing routes.
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 target shooting range
that is open to the public and does not require a user fee.
Specifically, agencies are to identify whether each National
Forest and BLM district has such a target shooting range; and
for each National Forest and BLM district that does not,
agencies are to determine whether applicable laws or plans
prevent their establishment. If a determination is made that
applicable laws or plans do not preclude the establishment of a
target shooting range on a forest or district, the Forest
Service and BLM are to (in coordination with non-federal
stakeholders and partners) identify an appropriate location for
a target shooting range, and, within five years of enactment,
to either: construct a new or modify an existing target
shooting range to conform with this section; or enter into an
agreement with a non-federal stakeholder or partner that will
establish or maintain a target shooting range. 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 qualify as a 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 Department of Commerce 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 information regarding financial and technical
assistance opportunities to gateway communities (adjacent to
recreation destinations, including non-Federal recreation
destinations) to support economic opportunities through
tourism.
Sec. 134. Parking opportunities 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 help minimize any potential increases in 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 seek 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 (FICOR) 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 of 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
land management agencies, on the request of a State or country,
to sell State or county entrance or recreational passes. The
Federal agencies 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. Reviews for transitional permits and long-term permits
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 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 identify 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 the bill 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, clarifies when the Secretary should supervise
volunteers, and states 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 and the
Forest Service 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 legislatively authorizes the DOI's Outdoor
Recreational Legacy Partnership (ORLP) program--a competitive
grant program administered by the National Park Service. The
section changes the grant-eligibility requirements to expand
the program to include more smaller and rural communities and
gives the National Park Service flexibilities to improve
program operations. The Committee notes that both the OLRP
program and 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) are funded
through the Land and Water Conservation Fund. The ORLP program
was created as a complementary program to the State and Local
Assistance Program. The Committee intends for the ORLP program
to remain as a complementary program to the State and Local
Assistance Program. The Committee notes 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. 873 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. 873. 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. 873, as ordered reported.
Congressionally Directed Spending
S. 873, 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, similar
legislation that was filed during the 117th Congress, by the
joint staff amendment:
Statement of Chris French, Deputy Chief, National Forest System, U.S.
Department of Agriculture, Forest Service
Chairman Manchin, Ranking Member Barrasso, and Members of
the Committee, thank you for the opportunity to present the
views of the U.S. Department of Agriculture (USDA), Forest
Service, regarding various public land management bills.
S. 1229, Simplifying Outdoor Access for Recreation (SOAR) Act, and S.
1874, Recreation Not Red Tape Act
The USDA Forest Service manages 155 national forests and 20
national grasslands, comprising 193 million acres in 41 states
and Puerto Rico. Outdoor recreation is a significant use of
these lands which contain three million acres of lakes, 400,000
miles of streams, 122 Wild and Scenic Rivers for rafting,
kayaking and other watersports, and 159,000 miles of trails for
horseback riding, hiking, snowmobiling, mountain biking, and
more.
The Forest Service is deeply committed to connecting all
Americans to the outdoors, and we value the important role
played by outfitters and guides, resorts, non-profit
organizations, and others as partners in connecting people to
recreation opportunities in the national forests and
grasslands. Outdoor recreation attracts people to visit, live,
and work in gateway and rural communities and supports the
health, well-being, and economic vitality of those communities.
Recreation on National Forest System lands contributes more
than $13.5 billion to America's gross domestic product and
supports more than 161,000 full and part-time jobs, the vast
majority of which are in gateway and rural communities.
In fiscal year 2020, the number of recreation visits to the
National Forest System rose to 168 million, which represents a
12% increase compared to 2019. Annual visitation to national
forests and grasslands increases to 450 million visitors if we
account for the number of people who pass through these
beautiful forests to enjoy the scenery and travel on our scenic
roads and byways. Recreation pressure has been particularly
significant on national forests close to urban areas. Now, more
than any other time in recent history, people have been making
their way out to the national forests as Americans turn to
their public lands for respite and relaxation during the COVID-
19 pandemic.
Moreover, recreation on National Forest System lands
sustains more private sector jobs than any other Forest Service
program and provides the single largest economic stimulus for
many local communities adjacent to or within National Forest
System lands. Outdoor recreation opportunities and amenities
are consistently ranked as one of the primary reasons people
move to rural towns and can be a leading contributor to small
town economies, and the Forest Service administers over 30,000
recreation special use authorizations for activities that
generate nearly $2 billion to their special use authorization
holders. In particular, the Forest Service administers 122 ski
area permits and approximately 8,000 outfitting and guiding
permits.
These permits enable private sector professionals and
educational institutions to lead a range of activities on
National Forest System lands, from whitewater rafting, downhill
skiing, horseback riding, and big game hunting to youth
education trips in the wilderness and scenic jeep tours. For
many, these activities represent their first introduction to
the outdoors, and the outfitters and guides they employ are
often small businesses that generate jobs and income for local
communities. Forest Service permit holders help connect
Americans to their natural world and help restore mental health
and maintain healthy lifestyles.
With certain exceptions discussed below, USDA supports the
goals of S.1229, Simplifying Outdoor Access for Recreation
(SOAR) Act, and S.1874, Recreation Not Red Tape Act. These
bills improve recreational access to National Forest System
lands and we look forward to working with the bills' sponsors
and the Committee to effect changes necessary to achieve those
goals. Our comments on these bills pertain to their effects on
the Forest Service, including management of National Forest
System lands. USDA defers to the U.S. Department of the
Interior (DOI) as to the effects of these bills on DOI bureaus
and the federal lands under their jurisdiction.
provisions common to s. 1229, the soar act, and s. 1874, recreation not
red tape act
S. 1229 (Section 2) and S. 1874 (Section 101): Definitions
We would like to work with the Committee to ensure the
definitions in these sections are consistent with existing
definitions in the Federal Lands Recreation Enhancement Act and
Forest Service regulations and guidance documents.
S. 1229 (Section 3) and S. 1874 (Section 102): Special Recreation
Permit and Fee
The Agency is supportive of the intent of these sections.
We would like to work with the Committee to ensure the
provisions do not duplicate existing Forest Service policies
for land use fee determination or conflict with provisions in
the Federal Lands Recreation Enhancement Act and Forest Service
guidance documents governing noncommercial special recreation
permits. Additionally, we would like to work with the Committee
to clarify the scope of the permits to be affected by this
legislation.
S. 1229 (Section 4) and S. 1874 (Section 103): Permitting Process
Improvements
The Forest Service supports the overall intent of these
sections. Since 2016, we have taken steps to implement several
of the objectives of these sections, including reducing the
number of expired permits by more than 50% in the last 5 years.
Specifically, we conducted a Lean Six Sigma Analysis of our
permitting process and are currently implementing recommended
actions, many of which align with the intent of this bill.
Additionally, in November 2020 we published a final rule
revising the Forest Service's NEPA regulations, which include a
revised categorical exclusion for reissuance of special use
permits and a new categorical exclusion for issuance of new
permits for recreational activities in locations where those
types of activities are generally allowed (36 CFR 220.6(d)(11)
and (12)). As with all administrative categories, both require
consideration of extraordinary circumstances. We believe these
actions have already met the intent of Section 4(b)/Section
103(b) and will allow the Forest Service to issue and reissue
recreation special use permits efficiently while still meeting
environmental requirements. Although the Agency is supportive
of the intent of these sections, we are concerned that the
language duplicates our current work. We would like to work
with the Committee to remove any redundancy and ensure that the
language accomplishes its intent.
S. 1229 (Section 5) and S. 1874 (Section 104): Permit Flexibility
The Agency is supportive of these sections. We would like
to work with the Committee to better understand the intent of
Section 5(c), as we have a temporary outfitting and guiding
permit system established through public notice and comment in
our guidance documents.
S. 1229 (Section 6) and S. 1874 (Section 105): Permit Administration
These sections would require the Forest Service to notify
the public of available permit opportunities online. The Agency
would like to work with the Committee to ensure that the
Agency's current practices and processes of open seasons and
prospectus announcements provide adequate notification of
permit opportunities within our existing resource capabilities.
S. 1229 (Section 7) and S. 1874 (Section 106): Multi-Jurisdictional
Permits
We support the intent of these sections to streamline
permitting by authorizing issuance of a single joint permit by
a lead agency for multi-jurisdictional trips. We would like to
work with the Committee to provide technical changes to the
bill language that would achieve this intent consistent with
existing authorities that apply to each affected agency and
that would ensure the language complements our existing Service
First Authorities. We also would like to work with the
Committee on appropriate cost recovery provisions for
implementation of this program.
S. 1229 (Section 8) and S. 1874 (Section 107): Forest Service Permit
Use Reviews
We support the intent of these sections and would like to
work with the Committee to ensure that they do not duplicate
current permitting policy.
S. 1229 (Section 9) and S. 1874 (Section 108): Liability
Subsection (a) would prohibit the Agency from administering
any guidance or taking any actions related to exculpatory or
liability agreements between a permit holder and their
clientele. While we support authorizing use of waivers of
liability, we do not support the language in this subsection,
as it would preclude the Forest Service from ensuring that
waivers of liability cover the United States as well as the
concessioner. We would like to work with the Committee to amend
this language.
Subsection (b) would exempt state governmental entities
from indemnifying the United States if they are precluded by
state or local law from doing so. This provision should be
clarified to state the exemption would apply only to indemnity
for tort and not environmental liability, since environmental
liability is not limited by state law. Additionally, state
governmental entities' self-insurance is generally an
insufficient substitute for indemnification of the United
States because states' self-insurance typically covers only
state employees and cannot be extended to the United States.
Commercial general liability insurance policies obtained by
states do not cover the United States unless they contain an
endorsement that includes the United States as an additional
insured. Further, many states can unconditionally indemnify the
United States under their state law, and even those states that
cannot do so can typically indemnify the United States up to
the liability limits under their state tort claims act. We
would like to work with the Committee to make targeted changes
to address these important issues.
S. 1229 (Section 10) and S. 1874 (Section 109): Cost Recovery Reform
While the Forest Service supports efforts to responsibly
apply cost recovery for processing permit applications, we do
not support these provisions in the bills because they would
reduce our ability to process both simple and complex permit
applications. Cost recovery has provided more resources to the
agency for processing permit applications, thereby enabling the
Forest Service to enhance customer service by processing
applications faster. Small recreation service providers such as
outfitters and guides are generally exempt from cost recovery
fees under Forest Service regulations. Expanding the exemption
as proposed in the bill would generally benefit large
recreation service providers and would adversely affect
customer service, thereby counteracting efficiencies gained
from other provisions in the bill. The Agency believes these
additional efficiencies would reduce processing times
sufficiently to obviate the need to further limit our cost
recovery authority.
S. 1229 (Section 11) and S. 1874 (Section 110): Extension of Special
Recreation Permits
This provision would provide for renewal of an existing
permit rather than issuance of a new permit upon expiration,
which is the Agency's current practice for all types of special
use permits. We would like to work with the Committee to
preserve the Agency's ability to update permit forms, including
new terms as necessary or appropriate, when a permit expires.
This ability is particularly important when a permit has been
in effect for many years to allow the Agency to make
assessments and adjustments as needed to address current
resource conditions. Additionally, the use and occupancy
authorized under priority use outfitting and guiding permits
are currently renewable under a Forest Service guidance
document that was published for public notice and comment. Per
the Administrative Procedure Act, there is no disruption of
service upon expiration of an existing permit if a timely
application has been submitted: the expired permit remains in
effect until the application is processed. We support the
intent of these sections and would like to work with the bill
sponsors and the Committee to ensure these sections do not
duplicate existing authority that is being fully utilized and
that provides for updating authorizations when they are
reissued upon expiration.
provisions unique to s. 1874, the recreation not red tape act
Section 111 amends the Federal Lands Recreation Enhancement
Act (FLREA) (16 U.S.C. 6804) by establishing a program to allow
a purchaser to buy a federal recreation pass and a state
recreation pass in the same transaction. This provision
duplicates authority already available under FLREA.
Section 112 amends FLREA to mandate online sales of the
America the Beautiful--the National Parks and Federal
Recreational Lands Pass. This provision is unnecessary as the
Forest Service and other federal land management agencies are
already implementing online sales of this pass as a regular
course of business.
Title II--Accessing the Outdoors
USDA supports Section 201, which would encourage the
Secretary of Agriculture to work with the Secretaries of
Defense and Veterans Affairs to ensure service members and
veterans have access to outdoor recreation and outdoor-related
volunteer and wellness programs. USDA defers to the Departments
of Defense and Veterans Affairs on the portions of Title II
under their jurisdiction.
Title III--Making Recreation a Priority
USDA is generally supportive of Title III and would like to
work with the Committee to ensure the provisions align with
implementation of other Administration priorities such as
addressing climate change and racial equity and take into
account the multiple-use mission of the Forest Service and
statutory requirements under the Multiple Use--Sustained Yield
Act.
Section 304 would establish policy and requirements for
management of National Recreation Areas (NRAs). The Forest
Service manages 22 NRAs, which draw visitors from across the
nation and around the world. NRAs provide both jobs and revenue
to local, state, and regional economies. NRAs also contribute
to the sense of place and quality of life for local
communities. We look forward to improving and expanding
benefits from NRAs to further strengthen economies, enhance
local communities, instill public conservation values, and
encourage shared stewardship. We would like to work with the
Committee and bill sponsors to ensure the necessary skill sets
and capacity are available and strategically placed to address
the associated workload to achieve the bill's intent.
Title IV--Maintenance of Public Land
USDA fully supports the intent of Section 401 to promote
volunteerism and service to enhance stewardship of,
recreational access to, and sustainability of National Forest
System resources and facilities. We would like to work with the
Committee and bill sponsors to ensure current Agency efforts
through the Volunteers in the National Forests Act and existing
cooperative authorities are not duplicated.
Section 411 would direct the Secretaries of Agriculture and
the Interior to establish an interagency trail management plan
to uniformly maintain and manage federal trails that cross
jurisdictional boundaries between federal land management
agencies. USDA supports the intent of Section 411 to ensure
consistency in trail management across jurisdictional
boundaries. Trails crossing multiple federal jurisdictions
include National Scenic and National Historic Trails, as well
as hundreds and possibly thousands of other trails. In
compliance with the National Trails System Act, National Scenic
and National Historic Trails are managed in accordance with
comprehensive management plans that establish trail-wide
management guidance and trail marking standards. Additionally,
federally managed trails are subject to federal land management
plans. Incorporating and applying standard management tools
such as the Forest Service's Trail Management Objectives and
working collaboratively through the interagency National Trails
System Council to implement the intent of Section 411 could be
an effective means for accomplishing the objectives of Section
411 without further legislative action.
S.1616, the Federal Interior Land Media Act or ``FILM Act''
Our comments on S. 1616, the Federal Interior Land Media
Act or ``FILM Act'' pertain to the impact on the Forest
Service, including management of National Forest System lands.
USDA defers to the U.S. Department of the Interior (DOI) on the
effects of this bill on DOI bureaus and the federal lands under
their jurisdiction.
S. 1616 would direct USDA not to require a permit or land
use fee for commercial filming, regardless of the distribution
platform, if the commercial filming occurs in a location where
the public is allowed, complies with visitor use policies, does
not impede the experience of other visitors, will not disturb
resource values and wildlife, does not require the exclusive
use of a site, complies with Federal, State, and local law, and
does not involve a group larger than 10 individuals.
Furthermore, the bill would allow USDA to require a permit and
land use fee if the filming occurs in an area not generally
open to the public, the agency accrues additional
administrative costs associated with the filming, the filming
occurs in a high-volume area, a set or staging equipment is
required, or the filming involves a group of 11 or more
individuals.
In Price v. Barr, a federal district court ruled that
aspects of the existing commercial filming statute for the
National Park Service violate the First Amendment. The National
Park Service's commercial filming statute is identical to the
commercial filming statute for the Forest Service and other
federal land management agencies. The federal government has
appealed Price v. Barr to the D.C. Circuit, in a case now
captioned Price v. Garland, and is arguing that the commercial
filming statute is constitutional. USDA believes that judicial
resolution of this pending litigation would inform whether and
how Congress legislates in this area. Accordingly, USDA would
like to work with the committee and bill sponsor on this issue
once a decision is rendered in the case.
S. 3266, Outdoor Recreation Act
Outdoor recreation has dramatically increased in recent
years, especially as Americans turned to federal lands for
respite and relaxation during the COVID-19 pandemic. National
forests play a vital role in the recreation economy by
supporting millions of recreation visits annually, and spending
by those visitors contributes greatly to local, state and
national economies. Cities and towns across the country are
tapping into the business of outdoor recreation, and for good
reason. They recognize that outdoor recreation and open spaces
are key ingredients to healthy communities, contribute to a
high quality of life, and most importantly, attract and sustain
businesses and families.
The Forest Service is working to rebuild its capacity to
deliver high-quality recreation opportunities and services for
the public. We welcome tools that assist us in undertaking more
robust recreation planning, building new partnerships,
investing in innovative conservation finance agreements with
the private sector, improving our infrastructure, and making
the recreation economy even stronger.
In fiscal year 2019, there were 150 million visits to
national forests and grasslands. Consumer spending associated
with these visits supported local businesses that provide food
and lodging, guides, outfitting, transportation, and other
services. Recreation visitor use on National Forests supported
about 153,800 jobs and contributed $12.6 billion to the
nation's gross domestic product in 2019. National Forest System
lands experienced unprecedented visitation levels in fiscal
year 2020 as Americans sought refuge and relaxation from
outdoor experiences during the COVID-19 pandemic. In fiscal
year 2020, the 168 million recreation visits supported about
161,000 jobs and contributed $13.5 billion to the nation's
gross domestic product.
The recreation industry is a powerful driver of local and
national economies by providing jobs, revenue from goods,
services, and tourism. The Forest Service plays a crucial role
in managing federal lands that are drawing record numbers of
recreationists, including campers, bikers, canoers, skiers,
snowmobilers, hikers, fishers, birders, hunters, and off-
highway vehicle enthusiasts. In fact, recreation, hunting,
fishing, and wildlife viewing together sustain more jobs than
any other activity in the national forests and grasslands.
The S. 3266, the Outdoor Recreation Act addresses a wide
variety of recreation issues on federal lands and in rural
communities adjacent to federal lands. USDA supports the
overall goals of this bill to improve recreation opportunities
and infrastructure on National Forest System lands and looks
forward to working with the Committee and the bill's sponsors
to ensure these goals can be achieved and do not duplicate or
conflict with existing authorities.
Title I--Increasing Recreation Opportunities
Title I seeks to increase recreation opportunities through
changes in permitting and recreation planning policy as well as
mandates for climbing guidance and target ranges in national
forests.
USDA supports the intent of Section 101 to increase
recreational use by youth groups and to better understand
recreational use of federal lands by youth groups. We would
like to work with the Committee to ensure the Forest Service
has the authority to require a permit if needed to address
liability or resource concerns and to conduct a visitor
capacity assessment if legally required or appropriate based on
resource impacts. We would also like to work with the Committee
to ensure that it is feasible to meet any permitting deadlines
while complying with all applicable environmental requirements.
Section 102 duplicates and potentially conflicts with
requirements in the National Forest Management Act and existing
Forest Service protocols for developed recreation site
inventory, visitor use management, and operation and
maintenance of developed recreation sites. In addition to these
legal concerns, the assessment requirements for Forest Service
land management plan revisions at 36 CFR Part 219 and Forest
Service Handbook 1909.12 already require consideration of
recreation opportunities and demand. This provision would
require a degree of data collection and outyear speculation
that would add to the challenges of revising land management
plans. We are actively trying to streamline and focus such
assessments, and this one-size approach would expand the time
and cost of land management plan revisions.
Section 103 directs the Forest Service to issue guidance on
recreational climbing on National Forest System lands,
including in wilderness areas. This provision, including
requirements for public notice and comment, duplicates existing
law and policy. The Forest Service has developed proposed
recreational climbing directives, which will be published for
public comment when they have completed the tribal consultation
process.
Section 104 would require the Forest Service to identify
suitable locations for designated target ranges on National
Forest System lands and, to the maximum extent practical,
ensure that each national forest has at least one designated
target range. The Forest Service would be prohibited from
charging a fee for use of a target range designated under this
provision. USDA does not support this provision, as the Forest
Service already has authority to identify appropriate sites for
construction and operation of target ranges on National Forest
System lands and is doing so where there is adequate demand, a
suitable site, and available funding. Assessing site
suitability for target ranges is critical because of the
potential tort liability concerns they present, particularly if
they are located close to homes, schools, or popular trails.
Site selection may also be affected by environmental concerns
associated with wildlife habitat and impacts of spent bullets.
Section 104 does not take into account Section 4104(b) of the
John D. Dingell, Jr. Conservation, Management and Recreation
Act of 2019, which prohibits authorizing a target range on
certain specified federal lands managed by the Bureau of Land
Management or the Forest Service, such as congressionally
designated wilderness, wild and scenic rivers, and national
monuments. In addition, Section 104 would overlap with Section
4 of the Target Practice and Marksmanship Training Support Act,
which facilitates the establishment of additional or expanded
target ranges on federal land. Under the Federal Lands
Recreation Enhancement Act (FLREA), the Forest Service is
authorized to charge recreation fees for the use of target
ranges operated and maintained by the Forest Service, which can
be retained and spent by the Forest Service and are vital to
finance continued operation and maintenance of these
facilities. The agency has authority under other federal
statutes to charge a land use fee to concessioners that operate
and maintain target ranges on National Forest System lands.
Title II--Improving Recreation Opportunities
Title II aims to improve recreation opportunities on
federal lands with requirements for providing broadband
connectivity at recreation sites, increased collection of
visitor data, and changes to travel management policy and
procedures.
Although USDA supports the intent of Section 201 to
increase availability of broadband connectivity for
recreational users, we have concerns with the scope and
requirements of this provision. Federal land management
agencies do not provide communications services, including
broadband, to the public, nor do they install, operate, or
maintain equipment that provides communications services to the
public. Federal land management agencies do authorize
communications uses, including broadband, and we are very
willing to continue working with private entities to authorize
broadband infrastructure on National Forest System lands where
it is feasible and in demand. It may not be feasible or
commercially viable to provide broadband service at many
recreation sites on National Forest System lands, which tend to
be in remote locations.
Section 203 requires USDA to work in concert with other
federal land managers to establish a single visitation data
management and modeling system for public recreation to provide
accurate, real-time visitation data at a site-specific level.
USDA would like to work with the Committee and bill sponsors to
better understand the purpose and goals for visitation data
requirements in Section 203. As written, it is unlikely that
this provision could be implemented. A single system for all
agencies could not produce data with the level of precision
each agency's system currently produces. Each agency currently
makes its visitation data publicly available on its website.
USDA supports the goals of Section 204 to finalize summer
and winter motor vehicle use designations and improve
associated maps. We are working diligently to address these
goals and making good progress. Nearly all Forest Service
administrative units have completed their summer motor vehicle
use designations. Units where there is sufficient snow for
winter motor vehicle use are moving forward with designations
for that use. We are concerned that Section 204 would duplicate
existing travel management authorities and in some ways
contradict them. In particular, we are concerned that to the
extent the designation criteria in Section 204 are different
from the designation criteria in existing authorities, Section
204 would require the Forest Service to revisit every
designation decision for both summer and winter motor vehicle
use. The resulting work would be very time-consuming and would
entail additional litigation risk. We also have technical
concerns with the data and mapping requirements which we would
like to address with the Committee and bill sponsors.
Title III--Investing in Recreation Infrastructure and Rural Communities
Title III addresses recreation-related investments in
communities adjacent to federal lands (gateway communities),
conservation finance partnerships, availability of recreation
facilities during shoulder seasons, and public-private
partnerships to modernize federally owned campgrounds operated
by concessioners on federal lands.
USDA strongly supports the goals in Section 301 of working
with rural communities to undertake comprehensive recreation
planning including providing technical and financial assistance
to them. We would welcome an opportunity to work with the
Committee and bill sponsors to improve upon the current
legislation in support of these goals, in particular, by
clarifying the scope of Section 301.
Section 302 would promote conservation finance partnerships
as an innovative funding model to develop and maintain
recreation infrastructure on federal lands. USDA supports the
goal of expanding the use of conservation finance agreements
for recreation facilities and enhancing authorities to support
that goal. For conservation finance to succeed at larger
scales, it is critical to provide the long-term certainty
needed to guarantee the agency's financial commitment to large-
scale public-private partnerships that leverage external
capital. It is also important to establish objective measures
for determining the value of the contributions of the parties
under these types of agreements. USDA would like to work with
the Committee and bill sponsors on technical amendments to
clarify and enhance the conservation finance agreement
authority in Section 302.
Section 303 seeks to expand the availability of recreation
facilities during shoulder seasons. This practice is already
ongoing. The Forest Service may operate campgrounds that are
not under concession during shoulder seasons and may operate
campground concessions during shoulder seasons when a
concessioner has not agreed to do so. The Forest Service has
authority under the Cooperative Funds Act to enter into the
type of agreements outlined in Section 303(c).
Section 304 authorizes a pilot program for agreements with
private entities to provide for capital improvements,
management, and maintenance of federally owned campgrounds
operated by concessioners on federal lands. USDA would be
interested in exploring the concepts of this provision further
with the Committee and bill sponsors to ensure the scope of the
provision is commensurate with its intent.
S. 3264 Bikes Over Long-Distance Bike Trails on Federal Lands Act
S. 3264 would require the federal land management agencies
to identify at least 10 long-distance bike trails on the
federal lands they manage and to identify at least 10 areas
where there is an opportunity to develop or complete long-
distance bike trails. Long-distance bike trails are defined as
trails being at least 80 miles in length that are available to
mountain biking, road biking, touring, or cyclo-cross. The bill
would provide for maps and other bike trail identification
materials and would require a report to congress on the
identified bike trails within two years of enactment.
USDA supports the goal of S. 3264 to identify and promote
long-distance biking opportunities on National Forest System
lands. However, we do not believe legislation is necessary.
Consistent with its multiple-use mission, the Forest Service
considers mountain biking in the context of all possible types
of trail uses on National Forest System trails, including
hiking and horseback riding. We would welcome the opportunity
to discuss biking opportunities and trail designation
authorities on National Forest System lands with the Committee
and bill sponsors, and if desired, to work on technical
improvements that would minimize litigation risk.
S. 1269: Report on the effects of special recreation permits on EJ
communities
USDA supports the intent of this bill, specifically the
identification of barriers impacting environmental justice
communities and permit holders when trying to access and enjoy
public lands. We value the data being requested and would like
to work with the Committee to ensure the language is drafted in
a way that ensures successful implementation. Additionally, we
would like to work with the Committee to ensure the bill
accounts for current Agency efforts under Executive Order
13985, ``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government.''
That concludes my testimony, Chairman. I would be happy to
answer any questions you or the other members have for me.
----------
Statement of the U.S. Department of the Interior
Thank you for the opportunity to provide testimony on S.
3266, the Outdoor Recreation Act; S. 1229, the Simplifying
Outdoor Access for Recreation (SOAR) Act; S. 1874, the
Recreation Not Red Tape Act; S. 1269, concerning environmental
justice in recreation permitting; and S. 3264, the Biking on
Long-Distance Trails Act.
S. 3266 proposes to modernize and improve outdoor
recreation opportunities and encourage economic growth in rural
communities through a variety of provisions. S. 1229 aims to
improve the process and reduce the cost of applying for and
administering Special Recreation Permits (SRPs) and authorizes
single joint SRPs for multi-jurisdictional trips across Federal
lands. S. 1874 contains substantially similar provisions to
those of S. 1229 regarding SRPs, but also provides for online
sales of interagency ``America the Beautiful--the National
Parks and Federal Recreational Lands'' passes and establishes a
National Recreation Area System, among other provisions. S.
1269 requires the Secretary of the Interior to submit a report
to Congress on the estimated use of SRPs by recreation service
providers serving ``environmental justice communities.''
Finally, S. 3264 requires the identification of long-distance
bike trails on Federal lands.
The Department of the Interior (Department) supports the
overall goals of these bills, which align with the Secretary's
priorities to build healthy communities and economies, advance
environmental justice, and provide safe and equitable access to
outdoor recreation opportunities for all Americans. The
Department is advancing these priorities as guided by the Great
American Outdoors Act; the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (Dingell Act); Executive Order
(E.O.) 14008, Tackling the Climate Crisis at Home and Abroad;
and E.O. 13985, Advancing Racial Equity and Support for
Underserved Communities Through the Federal Government. Given
this direction from Congress and the Administration, the
Department is actively seeking ways to encourage, facilitate,
and improve partnerships with and access for youth, Tribes, and
underserved communities to public lands. This includes
improving public health, safety, and climate resiliency at
developed recreation sites and areas by updating and
modernizing infrastructure, with special consideration to
meeting accessibility standards for people with disabilities.
We believe these bills have the potential to address some
long-standing challenges, and we look forward to working with
the sponsors and the Committee to address a number of technical
issues in the measures. We defer to the Department of
Agriculture regarding provisions affecting the management of
lands administered by the U.S. Forest Service (Forest Service).
Background
Federal land management agencies oversee approximately 640
million surface acres. The Bureau of Land Management (BLM) is
responsible for approximately 245 million of those acres while
the Forest Service manages another 193 million. Most other
Federal land is managed by the U.S. Fish and Wildlife Service
(FWS), with over 92 million acres, and the National Park
Service (NPS), with approximately 80 million acres. The Bureau
of Reclamation (Reclamation) and the Army Corps of Engineers
also manage Federal lands used for recreation.
The Department's bureaus contribute to its overall
recreation mission and to the Secretary's recreation and
equitable access priorities. The National Park System, which
preserves some of our most important national treasures, hosts
over 300 million visitors every year. The public lands managed
by the BLM host a remarkable variety of recreational
activities, and BLM lands supported more than 73 million
recreational visits last year--an increase of three million
from 2019. The National Wildlife Refuge System provides world-
renowned places to see iconic wildlife and partake in a variety
of outdoor activities, such as hiking, bird-watching, canoeing
and hunting. The water projects of Reclamation, which is the
largest wholesale water supplier in the nation, are among
America's most popular sites for water-based outdoor
recreation.
The Federal Lands Recreation and Enhancement Act (FLREA)
authorizes the following four Interior Department agencies to
collect fees on Federal lands and waters: the BLM, Reclamation,
FWS, and NPS. FLREA also provides the Forest Service in the
Department of Agriculture authority to collect recreation fees.
Revenues collected under FLREA allow the Federal government to
implement projects that benefit visitors, such as improving
accessibility, maintaining recreation sites, and building
informational exhibits. FLREA also authorizes agencies to issue
SRPs, which include authorizations for commercial, competitive
event, and group recreation uses of the public lands and
waters. These permits are issued to manage visitor use, protect
recreational and natural resources, and provide for the health
and safety of visitors. The BLM administers approximately 4,700
SRPs per year. Other Interior bureaus use different authorities
in addition to FLREA to manage recreation and collect
associated fees: the FWS issues special use permits;
Reclamation issues use authorizations; and NPS issues
commercial use authorizations (CUAs) and special use permits.
S. 3266, Outdoor Recreation Act
S. 3266 proposes to modernize and improve outdoor
recreation on Federal lands by addressing permitting processes,
land management planning, broadband connectivity at recreation
sites, visitation data analysis, travel management, and public-
private partnerships to renovate campgrounds on Federal lands,
among other provisions.
Title I
Title I of S. 3266 aims to increase outdoor recreation
opportunities by directing a study on permitting challenges
that hinder youth groups' ability to access and recreate on
Federal land and easing permit requirements for outfitters and
guides serving fewer than 40 clients at picnic areas. Title I
also outlines additional requirements for the BLM and Forest
Service land use planning process by requiring recreation
resource inventories and consideration of future recreation
needs in developing land use plans. Finally, Title I requires
at least one designated shooting range to be established in
each National Forest and BLM district.
Regarding designated shooting ranges in Section 104 of the
bill, the BLM notes that it currently manages only six
designated shooting ranges, with plans to open four more in BLM
Arizona's Phoenix District in the near future. To determine
whether to establish such ranges, the BLM works with the local
communities to assess the demand and viability. While the BLM
recognizes the sponsors' interest in increasing access to
designated shooting ranges, we note that significant resources
are required to develop and maintain shooting ranges, including
removal of lead ammunition, clean-up of hazardous materials,
and berm management. The BLM further notes that, given the many
uses of the public lands that compete for resources, it would
be challenging to manage such a large number of designated
shooting ranges, as envisioned in the bill, without the ability
to charge a user fee, which the bill currently prohibits.
Finally, the BLM notes that over 99 percent of public lands are
open to recreational shooting and the BLM works with local
communities and our partners to provide access for these
opportunities. Currently, there are over 20 shooting ranges on
public lands that are administered by non-Federal entities
through a Recreational & Public Purpose (R&PP) Act lease, and
over 50 shooting ranges that have been patented and conveyed
under the R&PP Act.
Title II
Title II of the bill seeks to modernize and improve
recreation on public land by requiring the Department and the
Forest Service to publish a list of high priority Federal
recreation sites that lack broadband access and estimate the
cost of facilitating that access. The bill directs the
Department and the Forest Service to partner with the
Department of Agriculture's Rural Utilities Service to
construct broadband infrastructure at recreation sites. Title
II also establishes a competitive grant program to enable non-
Federal partners to help with inspection and decontamination of
watercraft at reservoirs managed by the Department to prevent
the introduction and spread of aquatic invasive species.
Title II requires collection and publication of real-time
visitation data on a single interagency system and directs the
Forest Service and BLM to prioritize completion of travel
management plans. Section 204 of Title II requires the BLM to
develop a ground transportation linear feature or motor vehicle
and over-snow vehicle use map for each BLM district in a GIS-
compliant format within five years of enactment. The bill also
requires the BLM to update any travel management plan that is
fifteen years or older.
The BLM recognizes how important visitation data is to
enhancing recreational opportunities and experiences for
visitors while protecting natural and cultural resources. Most
recreational opportunities on BLM-managed public lands are not
directly tied to developed sites and facilities. Due to the
dispersed nature of these recreational activities, it would be
challenging for the BLM to provide the real-time, site-specific
visitation data required by the bill, and thus we are concerned
that the provision could not be implemented as currently
drafted. The Department would like to work with the Committee
and bill sponsors to address technical issues in order to
achieve the sponsors' goals.
Additionally, to date, the BLM has incorporated 90,000
miles of roads and trail routes into its transportation system
through completion of 153 travel plans, but there are an
estimated 400,000 miles of routes remaining that would need to
be inventoried, evaluated, and incorporated into the
transportation system as appropriate. Given the sheer volume of
roads and trails on BLM lands and the process required to
complete each travel plan, it may not be feasible to obtain the
required road and trail information for the linear feature
within five years of enactment. The BLM further recognizes that
it must balance the need for public access with protecting
natural and cultural resources through upholding the long-
standing minimization criteria for travel management planning
when designating travel and trail routes.
Title III
Title III seeks to encourage economic growth by providing
for financial and technical assistance to develop visitation
infrastructure in rural communities adjacent to recreation
destinations. Specifically, Title III directs the Department
and the Forest Service to explore extending recreation shoulder
season opportunities and establishes a pilot program for
public-private partnership agreements to modernize campgrounds
on Forest Service and BLM-managed lands. In addition, Section
304 of the bill requires the BLM to enter into at least 1
public-private partnership agreement to modernize campgrounds
in no fewer than 5 states in which the BLM administers public
lands.
The BLM appreciates the sponsors' interest in finding
innovative ways to modernize recreation facilities and meet the
growing demand for outdoor recreation opportunities. The BLM
notes that it does not currently have the authority to enter
into concessions agreements, and the pilot program established
in section 304 gives the BLM a similar authority for
modernizing campgrounds covered by the pilot program. Finally,
section 304 only allows the Secretaries to enter into
agreements for modernizing campgrounds with private entities.
Since the BLM currently engages with non-profit groups and
local, state, and Tribal governments to cooperatively manage
sites, the BLM recommends that the sponsors consider expanding
this pilot program to include those entities, as they may also
benefit from participating.
S. 1229, SOAR Act
S. 1229 authorizes single joint SRPs for multi-
jurisdictional trips across Federal lands and makes various
amendments to FLREA aimed at improving the process and reducing
the cost of applying for and administering SRPs.
Single Joint SRPs for Multi-Jurisdictional Trips
Section 7 of S. 1229 authorizes agencies to issue single
joint SRPs for trips crossing jurisdictional boundaries of more
than one Federal land managing agency. When a single joint SRP
for a multi-jurisdictional trip is proposed, the bill
authorizes each of the land management agencies to identify a
lead agency for the SRP. This designation is determined by the
relative length of the portions of the proposed trip, the land
use designations of the areas to be accessed during the trip,
the relative ability of each agency to properly administer the
single joint SRP, and any other considerations. Under the bill,
the agencies would not be permitted to recover the costs of
this coordination. S. 1229 also authorizes agencies to delegate
their respective enforcement authorities to the designated lead
agency.
The Department supports efforts to improve the permitting
process for trips that cross jurisdictional boundaries and
would like to continue to work with the sponsors on certain
modifications. For example, the Department supports delegating
enforcement authorities among agencies, but would like to
ensure these delegations conform with the statutory authorities
for each agency. In addition, the Department would like some
clarity on how an environmental analysis would be handled by
the identified lead agency to ensure compliance with standards
for other agencies. Specifically, the Department is concerned
that the use of categorical exclusions authorized by the lead
agency and applied to a single joint SRP for a multi-
jurisdictional trip could result in conflicts with another
agency's established National Environmental Policy Act (NEPA)
processes.
Although the Department appreciates the bill's option for
agencies to withdraw from single joint SRPs, the Department
feels the requirements to issue substantially similar permits
with no new application may cause processing issues and other
limitations that could impact the timeliness of the permitting
process. If an agency needs to withdraw from a single joint
SRP, presumably it is because the agency needs to issue a
permit under terms different from the single joint SRP, whether
due to differing management concerns or other circumstances.
Lastly, the Department would like to continue to work with the
sponsors to determine appropriate cost recovery options.
Alignment of Permitting Authorities & Fees
Section 3 of S. 1229 defines each land management agency's
recreation permitting instruments as SRPs under FLREA and lays
out a formula for the fees associated with SRPs, including
alternative fees. NPS is excluded from these fee-setting
provisions in the bill; however, the Department is concerned
that these provisions, coupled with the limited cost-recovery
provided in the bill, would severely limit the NPS's ability to
fund the program.
The Department generally supports expanding FLREA to
coordinate recreation permitting across agencies. However, the
Department believes the bill, as currently written, could
create conflicts with existing statutory authorities. For
example, the NPS issues CUAs (for activities included in the
definition of SRPs under the bill) under the authority of the
National Park Service Concessions Management Improvement Act of
1998, not under FLREA. Additionally, the NPS issues special use
permits and recovers associated costs under 54 U.S.C. 103104
for many of the activities that would be permitted under SRPs.
The Department would like to continue to work with the sponsors
and Committee on modifications to these provisions.
Expedited Permitting
S. 1229 provides authority for agencies to improve
recreation permitting processes. This includes the expanded use
of categorical exclusions, programmatic NEPA, and expedited
rulemaking. The bill also directs agencies to make online
permit applications available. The Department supports these
efforts as we continue to pursue opportunities to facilitate
increased recreational access for all Americans, especially
underserved communities. The BLM has already taken significant
steps to develop online access to recreation information and
permits, most recently through its launch of the pilot
Recreation and Permit Tracking Online Reporting (RAPTOR)
system. RAPTOR allows users to apply for and renew SRPs online.
The BLM piloted RAPTOR in seven field offices during fiscal
year 2021, and successfully issued 38 permits through the
system. An additional 17 field offices will be added to the
RAPTOR pilot in 2022.
S. 1229 authorizes permittees to voluntarily return unused
service days to be available for other permittees. The bill
also authorizes use of temporary SRPs and conversion of
temporary permits to long-term permits. In addition, the bill
includes provisions directing agencies to establish a permit
administration protocol to automatically authorize permittees
to engage in activities substantially similar to those for
which they have a permit. The Department supports efforts to
simplify the permitting process for applicants.
Permit Notifications
Section 6 of S. 1229 requires agencies to make
notifications of permit opportunities available online. The
Department supports these efforts and would welcome the
opportunity to work further with the sponsors and the Committee
on necessary modifications to these provisions. For example,
the Department is concerned that providing notification of all
potential recreation permit opportunities could result in a
speculative market for the most profitable ones. Additionally,
recreation activities are generally proposed by the public, and
bureaus then determine whether they require permits under
Federal land management laws and regulations.
Liability & Cost Recovery
Section 9 of S. 1229 determines the terms under which
agencies require permittees to waive the liability of the
United States for permitted recreation activities. Section 10
also requires agencies to amend the cost recovery process for
issuing and renewing SRPs. This section would exempt the first
50 hours of work from cost recovery in issuing and monitoring
these permits. Under the bill, the exemption would be applied
to multiple permit applications for similar services in the
same area. The agencies would be required to determine the
share of the aggregate amount to be allocated to each
application on an equal or prorated basis. While the Department
supports the goal of simplifying processes when they are overly
burdensome, we would like to continue to work with the sponsors
and the Committee to determine appropriate cost recovery
options for the agencies. For example, limiting full cost
recovery on larger, more complex applications could
unintentionally prevent the effective administration of all
SRPs.
S. 1874, Recreation Not Red Tape Act
Title I of S. 1874 contains substantially similar
provisions authorizing single joint SRPs for multi-
jurisdictional trips across Federal lands to the language in S.
1229 discussed above. Like S. 1229, Title I of S. 1874 also
makes various amendments to FLREA aimed at improving the
process and reducing the cost of applying for and administering
SRPs. Titles II through IV of S. 1874 address access to public
lands for recreation, job opportunities for veterans at Federal
land management agencies, and establishment of a National
Recreation Area System and interagency trail management
program, among other provisions.
Title I
Title I of S. 1874 contains two sections that are not
included in S. 1229. Sections 111 and 112 of S. 1874 encourage
the agencies to work with states to allow a purchaser to buy a
Federal recreation pass and state recreation pass in the same
transaction and requires the Secretaries to sell the Federal
America the Beautiful passes through the website of each
Federal land management agency. The Department supports
improvements in the retail of recreation passes for the
recreating public and would like to work with the sponsors to
ensure the Department has the ability to perform revenue
transfers across multiple entities. We note the Federal America
the Beautiful passes are currently available online through the
USGS Store, including the free Annual Military Pass for Gold
Star Families and Veterans. Further, since Veteran's Day 2020,
Gold Star Families and U.S. military veterans are eligible to
receive free access to more than 2,000 Federal recreation
areas, including national parks, wildlife refuges, and forests.
The free access program is a way to thank America's veterans,
Gold Star Families, and current military and their dependents
for their support of our country and to encourage them to
explore recreational opportunities on their public lands and
waters.
Title II
Title II of S. 1874 directs agencies to work with branches
of the military to improve veterans' and service members'
opportunities to engage in outdoor recreation, and to hire
veterans at Federal land management agencies. The Department is
working diligently to expand recreation access for our military
families and veterans, and strongly supports these provisions.
Titles III & IV
Title III establishes a National Recreation Area System
composed of existing Forest Service and BLM National Recreation
Areas and any future areas designated by Congress. It includes
provisions to protect valid existing rights within the National
Recreation Areas, as well as livestock grazing units, state and
Tribal jurisdiction over fish and wildlife, water rights, and
ski area land. Further, the title requires agencies to develop
comprehensive management plans associated with each National
Recreation Area. Title III also directs agencies to develop
appropriate recreation performance metrics for evaluating
public land managers and adds recreation to the missions of
other Federal agencies. Title IV promotes the use of volunteers
to support the stewardship of public lands and directs agencies
to establish an interagency trail management plan.
The Department appreciates these efforts to highlight and
support the incredible recreation values of our public lands
and generally supports the goals of these provisions. We would
like to work with the Committee and bill sponsors to ensure the
necessary capacity is available and strategically placed to
address the associated workload to achieve the bill's intent.
S. 1269, Concerning Environmental Justice in Recreation Permitting
S. 1269 requires the Department to prepare a report to
Congress on the use of SRPs by recreation service providers
serving environmental justice communities. The bill defines
environmental justice communities as communities ``with
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities, that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects than other
communities.''
The bill requires the report to include estimated use of
SRPs by recreation service providers serving environmental
justice communities, and policies and barriers affecting their
access. The report may also include illustrative case studies
on effective use of SRPs to provide public land access for
these providers, as well as recommendations for agency policy
or Congressional action to encourage and simplify public land
access for them. The bill does not require recreation service
providers to participate in the Department's information
gathering for the report, and the Department is prohibited from
requiring SRP applicants or holders to provide any information
to the Department for the report as a condition of a permit.
The Department strongly supports the goal of promoting
equitable use of public lands by all Americans, especially
communities of color, low-income communities, and rural and
indigenous communities that have long suffered disproportionate
and cumulative harm from air pollution, water pollution, and
toxic sites. As directed by E.O. 14008, the Department is
committed to making environmental justice part of its mission
by developing programs, policies, and activities to address the
disproportionately high and adverse human health,
environmental, climate-related, and other cumulative impacts on
disadvantaged communities.
Finally, we would appreciate the opportunity to work with
the sponsors and the Committee to ensure the Department is able
to obtain sufficient information to complete the report within
the three-year deadline, as well as ensure that all applicable
agencies that issue SRPs are covered by the legislation.
S. 3264, Biking on Long-Distance Trails Act
S. 3264 requires the Secretary of the Interior and
Secretary of Agriculture to identify no less than 10 existing
long-distance bike trails and 10 areas presenting an
opportunity to develop or complete long-distance bike trails.
The long-distance trails would cross no less than 80 miles of
lands managed by the Department of the Interior and National
Forest System Lands to provide opportunities for mountain
biking, road biking, touring, and gravel biking. S. 3264
directs the long-distance trails to be consistent with the
management requirements of the Federal lands crossed and
requires coordination with stakeholders to evaluate resources
and feasibility. Further, Federal agencies may publish maps,
install signage, and issue promotional materials for any
identified long-distance bike trails under the bill. Lastly, S.
3264 requires the Secretaries, in partnership with interested
organizations, to prepare and publish a report listing the
trails within two years.
The Department supports the goals of establishing
additional opportunities for bicycling on Federal lands. The
diverse lands managed by the various agencies of the Department
provide tremendous opportunities for cycling. The BLM, for
example, has a longstanding partnership with external
organizations to provide information, GPS trail maps, and
interactive virtual tours for mountain biking on public lands,
and promotes the ``Top 20 Mountain Biking Opportunities'' on
BLM-managed lands.
We would also welcome the opportunity to work with the
sponsor and the Committee on some of the bill's provisions. For
example, we would like clarification regarding each Secretary's
responsibilities toward achieving the number of identified
areas conducive to long-distance bike trails and opportunities
for developing trails. Additionally, the Department notes that
some of the best opportunities for developing long-distance
bike trail routes could likely traverse non-Federal lands, and
we would like to work with the sponsor to allow for the
inclusion of non-Federal land segments in the trails. We would
also like to ensure sufficient time and resources are provided
in the bill for stakeholder outreach, coordination of public
input on the feasibility of the trails, completing
environmental analyses and any changes to local land use
plans--as well as for managing and maintaining the trails upon
their establishment. Finally, the Department would like to
discuss further with the sponsor how to best define the
intended use of these trail segments, including how uses such
as electric bicycles would affect that use and the management
of other uses, such as hiking, or off-highway vehicles, as
appropriate.
additional bills
In addition to providing testimony on these public land
recreation bills, the Department also provides testimony today
on S. 1616, the Federal Interior Land Media Act; S. 2258, the
Parks, Jobs, And Equity Act; S. 2887, the Outdoors For All Act;
and S. 2886, the Cape and Antler Preservation Enhancement Act.
S. 1616, Federal Interior Land Media Act
S. 1616, the Federal Interior Land Media Act, would provide
exceptions from permitting and fee requirements for content
creation, regardless of distribution platform, including
digital or analog video and digital or analog audio recording
activities, conducted on land under the jurisdiction of the
Secretary of Agriculture and the Secretary of the Interior.
In litigation pending before the U.S. Court of Appeals for
the D.C. Circuit, Price v. Garland, No. 21-5073 (D.C. Cir.), a
federal district court ruled that aspects of the existing
commercial filming statute for the National Park Service
violates the First Amendment. Judicial resolution of this
pending litigation would inform whether and how Congress may
choose to legislate in this area. The Department would like to
work with the committee and bill sponsor on this issue once a
decision is rendered in the case to consider legislative or
other approaches to balance the interests and rights of those
engaged in filming with the government's interest in protecting
lands and resources.
S. 2258, Parks, Jobs, & Equity Act and S. 2887, the Outdoors for All
Act
The Department is committed to ensuring that the public has
access to the great outdoors, and developing parks for this
goal, particularly in underserved and economically
disadvantaged areas lacking in outdoor recreation
opportunities. The NPS currently supports this goal by
implementing the Outdoor Recreation Legacy Partnership (ORLP)
program to assist the acquisition and development of outdoor
recreation in urban areas that lack such resources with 50:50
matching Land and Water Conservation Fund (LWCF) grants as well
as by jointly administering the LWCF State and Local Assistance
program, which provides grants to states based on a legislated
formula. The Great American Outdoors Act, which became law in
2020, permanently appropriated funds for these programs.
The Department supports the intent of both S. 2887 and S.
2258 to further this goal by legislating grant programs
targeted to developing parks in underserved and economically
disadvantaged areas. S. 2887, the Outdoors for All Act, would
establish an outdoor recreation legacy partnership program
under which the Secretary may award grants to eligible entities
for prioritized projects that would serve qualifying areas,
similar to the ORLP program. S. 2258, the Parks, Jobs, and
Equity Act, would authorize a one-time grant program of $500
million with the intent to support park development and the
delivery of recreation services to help create and preserve
jobs while providing economic stimulus. This grant program
would provide funds based on a mandated formula, rather than a
competitive process, the funds would not be subject to a
matching grant or other requirements of the ORLP program
regarding land protections and accountability.
The Department would like to work with the committee and
sponsors on amendments that would more closely align S. 2887
and S. 2258 with the goals and structure of the current,
successful ORLP Program.
S. 2886, Cape & Antler Preservation Enhancement Act
S. 2886, the Cape and Antler Preservation Enhancement Act,
would amend title 54, United States Code, to authorize the
donation and distribution of capes, horns, and antlers from
wildlife management activities carried out on National Park
System land. It also authorizes the Secretary to give priority
consideration in the donation and distribution of these items
to qualified volunteers that participate in wildlife management
activities.
The Department opposes S. 2886 unless amended as follows.
The Department recommends amending the language of S. 2886 to
state that all portions of animals removed from NPS-managed
lands, rather than only meat, capes, horns, and antlers, may be
donated to outside entities including, but not limited to, food
banks, Indian Tribes, and qualified volunteers. This will allow
the NPS to utilize the carcass of removed animals to the
greatest extent and will allow for scientific study or natural
degradation of the carcass if these practices are deemed the
most important endpoint for the animal.
Additionally, the Department recommends striking the
language that prioritizes qualified volunteers to receive meat
and parts of animals removed as a result of management
activities. Lethal removal is different from hunting and this
language limits the ability to use the animal to fulfill the
highest need(s). By striking this section it allows the NPS to
determine the highest and best use of these carcasses whether
it be donation to Tribes, food banks, or volunteers, and it
allows for scientific research when warranted. If this language
remains, it may compromise the ability to work productively
with Tribes and local communities to meet nutritional and
cultural needs, as well as impair the ability to manage
wildlife resources with best available science and management
actions.
conclusion
The Department strongly supports efforts to promote
equitable access to outdoor recreational opportunities on our
nation's public lands, and we look forward to working further
with the sponsors and the Committee on these important issues.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 873, 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 that are carried out by the Secretaries
to fulfill the missions of the Forest Service and the Bureau of
Land Management and 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.--
(I) In general.--The Secretary concerned shall ensure
that a filming or still photography activity or similar
recording 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 in accordance with--
(A) the laws and policies applicable to the
Secretary concerned;
(B) the applicable general management plan;
and
(C) this section.
(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);
(B) is merely incidental to 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;
or
(C) is a news-gathering activity, unless the
news-gathering activity--
(i) involves more than 8 individuals;
or
(ii) does not meet each of the
requirements described in paragraph
(5).
(3) Filming and still photography authorizations for
de minimis use.--
(A) In general.--The Secretary concerned
shall establish a de minimis use authorization
for 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) Application.--The Secretary concerned
shall provide for a person 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) Requirements.--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);
(iii) is consistent with subsection
(c); and
(iv) is not a filming or still
photography activity described in
subparagraph (B) or (C) of paragraph
(2).
(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; or
(B) does not meet each of the requirements
described in paragraph (5).
(5) Requirements for filming or still photography
activity.--The requirements referred to in paragraphs
(2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) 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--
(i) conduct the filming or still
photography activity in a localized
area that receives a very high volume
of visitation; and
(ii) in the discretion of the
Secretary, negatively impact the
experience of another visitor in the
localized area.
(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
adheres 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) Calculations with respect to number of
individuals.--
(A) In general.--For the purposes of
calculating the number of individuals under
paragraphs (2), (3), and (4), the Secretary
concerned shall only include an individual
described in subparagraph (B) that is
conducting a filming or still photography
activity or that is carrying out or
participating as part of a team or crew in a
filming or still photography activity at the
same time in the same Federal land management
unit.
(B) Description of inidividual.--An
individual referred to in subparagraph (A) is a
photographer, videographer, director, model,
actor, helper, assistant, or any other
individual who is purposefully or knowingly on-
site at the Federal land management unit as a
part of the team or crew in a filming or still
photography activity.
(7) 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.
(8) 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 and
assess a reasonable fee 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.--If any
activity or event is allowed or authorized
under a permit, such as a wedding, engagement
party, family reunion, photography club outing,
or celebration of a graduate, the activity or
event organizers or any relevant party to the
activity or event shall not need a separate
permit for the filming or still photography
activity at the allowed or permitted activity
or event.
(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 or the application
of the requirements under this section.
(D) Wilderness act applicability.--
(i) In general.--Nothing in this
subsection supersedes the provisions of
the Wilderness Act (16 U.S.C. 1131 et
seq.).
(ii) Applicability.--The provisions
of this section shall apply in a
component of the National Wilderness
Preservation System to the extent
consistent with the Wilderness Act (16
U.S.C. 1131 et seq.).
(b) Fees and Recovery Costs.--
(1) Fees.--The reasonable fees referred to in
paragraphs (4) and (8)(A) of subsection (a) 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.--For any permit issued under
subsection (a) and in addition to any fee
assessed in accordance with paragraph (1), 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, in accordance
with the formula and purposes
established in the Federal Lands
Recreation Enhancement Act (16 U.S.C.
6801 et seq.); 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 may
create use limits on or require a person to cease, move, or
modify a filming or still photography activity, whether or not
the activity has been permitted, 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;
(3) the activity would impeded the routine, emergency,
or otherwise necessary management and staff operations
on the System unit; or
(4) 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) Guidance.--Not later than 2 years after the date of
enactment of the America's Outdoor Recreation Act of 2023, each
of the Secretary of the Interior and the Secretary of
Agriculture shall issue guidance to implement this section,
including establishing a civil penalty for failing to obtain a
de minimus use authorization required under subsection (a)(3)
or a permit required under subsection (a)(4).
(f) 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 or
activity;
(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;
(II) a single competitive
event; or
(III) at the discretion of
the Secretary, a recurring
organized group activity
(including an outfitting and
guiding activity (including an
outfitting and guiding
activity) that--
(aa) is a structured or
scheduled activity;
(bb) is not
competitive;
(cc) may charge a
participation fee;
(dd) occurs in a group
size of fewer than 7
participants;
(e) involves fewer than
40 visitor-use days;
and
(ff) is undertaken or
provided by the
recreation service
provider for a term of
not more than 180 days;
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
under section 312(a) of the
America's Outdoor Recreation
Act of 2023.
(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)
(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 in section 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--
(i) may develop and make available to
the public an application to obtain a
special recreation permit described in
clause (i) of section 802(13)(A); and
(ii) 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), as applicable, 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 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 may
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 2023;
(II) be established after the
date of enactment of the
America's Outdoor Recreation
Act of 2023, in accordance with
subsection (b);
(III)(aa) be established
after the date of enactment of
the America's Outdoor
Recreation Act of 2023; 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 2023,
be $6 per visitor-use day in
instances in which the
Secretary has not established a
predetermined fee under
subclause (I), (II), or (III).
(C) Calculation of fees for specialized
recreational uses and large-group activities or
events.--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 or events,
competitive events, and certain recurring
organized group recreation activities.--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
2023.
(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
available recreation 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 recreation fees.--Beginning on
January 1, 2026, 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,
2025, 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 in
section 6.
(C) Marketing.--The Secretaries shall take
such actions as are appropriate to provide for
the active marketing of the National Parks and
Federal Recreational Lands Pass.
(7) Administrative guidelines.--The Secretaries shall
issue guidelines on administration of the National
Parks and Federal Recreational Lands Pass, which shall
include agreement on price, the distribution of
revenues between the Federal land management agencies,
the sharing of costs, benefits provided, marketing and
design, adequate documentation for discounts under
subsection (b), and the issuance of that recreation
pass to volunteers. The Secretaries shall take into
consideration all relevant visitor and sales data
available in establishing the guidelines.
(8) Development and implementation agreements.--The
Secretaries may enter into cooperative agreements with
governmental and nongovernmental entities for the
development and implementation of the National Parks
and Federal Recreational Lands Pass Program.
(9) Prohibition on other national recreation
passes.--The Secretary may not establish any national
recreation pass, except as provided in this section.
(10) Digital recreation passes.--By not later than
January 1, 2026, 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
under section [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
recording 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 in accordance
with--
(A) the laws and policies applicable to the
Service;
(B) the applicable general management plan;
and
(C) this section.
(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);
(B) is merely incidental to 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;
or
(C) is a news-gathering activity, unless the
news-gathering activity--
(i) involves more than 8 individuals;
or
(ii) does not meet each of the
requirements described in paragraph
(5).
(3) Filming and still photography authorizations for
de minimis use.--
(A) In general.--The Secretary shall
establish a de minimis use authorization for
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) Application.--The Secretary shall provide
for a person 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);
(iii) is consistent with subsection
(c); and
(iv) is not a filming or still
photography activity described in
subparagraph (B) or (C) of paragraph
(2).
(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; or
(B) does not meet each of the requirements
described in paragraph (5).
(5) Requirements for filming or still photography
activity.--The requirements referred to in paragraphs
(2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) 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--
(i) conduct the filming or still
photography activity in a localized
area that receives a very high volume
of visitation; and
(ii) in the discretion of the
Secretary, negatively impact the
experience of another visitor in the
localized area.
(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
adheres 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) Calculations with respect to number of
individuals.--
(A) In general.--For the purposes of
calculating the number of individuals under
paragraphs (2), (3), and (4), the Secretary
shall only include an individual described in
subparagraph (B) that is conducting a filming
or still photography activity or that is
carrying out or participating as part of a team
or crew in a filming or still photography
activity at the same time in the same System
unit.
(B) Description of individual.--an individual
referred to in subparagraph (A) is a
photographer, videographer, director, model,
actor, helper, assistant, or any other
individual who is purposefully or knowingly on-
site at the System unit as part of a team or
crew in a filming or still photography
activity.
(7) 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.
(8) 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 and assess a
reasonable fee 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.--If an
activity or event is allowed or authorized
under a permit, such as a wedding, engagement
party, family reunion, photography club outing,
or celebration of a graduate, the activity or
event organizers or any relevant party to the
activity or event shall not need a separate
permit for the filming or still photography
activity at the allowed or permitted activity
or event.
(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 or the application
of the requirements under this section.
(D) Wilderness act applicability.--
(i) In general.--Nothing in this
subsection supersedes the provisions of
the Wilderness Act (16 U.S.C. 1131 et
seq.).
(ii) Applicability.--The provisions
of this section shall apply in a
component of the National Wilderness
Preservation System to the extent
consistent with the Wilderness Act (16
U.S.C. 1131 et seq.).
(b) Fees and Recovery Costs.--
(1) Fees.--The reasonable fees referred to in
paragraphs (4) and (8)(A) of subsection (a) 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 System
unit.
(iii) The quantity and type of film
or still photography equipment present
at the System unit.
(iv) Any other factors that the
Secretary determines to be necessary.
(2) Recovery of costs.--
(A) In general.--For any permit issued under
subsection (a) and in addition to any fee
assessed in accordance with paragraph (1), 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, in accordance with the
formula and purposes established under
the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801 et
seq.); 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 may create use
limits on or require a person to cease, move, or modify a
filming or still photography activity, whether or not the
activity has been permitted, 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;
(3) the activity would impede the routine, emergency,
or otherwise necessary management and staff operations
on the System unit; or
(4) 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.
(e) Guidance.--Not later than 2 years after the date of
enactment of the America's Outdoor Recreation Act of 2023, the
Secretary shall issue guidance to implement this section,
including establishing a civil penalty for failing to obtain a
de minimis use authorization required under subsection (a)(3)
or a permit required under subsection (a)(4).
* * * * * * *
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 in section 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 under
section 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) Composition.--
(1) In general.--The Council shall be composed of
representatives of the following departments and
agencies, to be appointed by the head of the applicable
department or agency:
(A) The National Park Service.
(B) The Bureau of Land Management.
(C) The United States Fish and Wildlife
Service.
(D) The Bureau of Indian Affairs.
(E) The Bureau of Reclamation.
(F) The Forest Service.
(G) The Corps of Engineers.
(H) The National Oceanic and Atmospheric
Administration.
(2) Additional participants.--In addition to the
members described in paragraph (1), the Secretary may
invite participation in the meetings or other
activities of the Council from among the following:
(A) The Council of Environmental Quality.
(B) The Natural Resources Conservation
Service.
(C) Rural development programs of the
Department of Agriculture.
(D) The Economic Development Administration.
(E) The National Travel and Tourism Office of
the Department of Commerce.
(F) The National Center for Chronic Disease
Prevention and Health Promotion.
(G) The Environmental Protection Agency.
(H) The Department of Transportation.
(I) The Tennessee Valley Authority.
(J) The Bureau of Economic Analysis of the
Department of Commerce.
(K) The National Marine Fisheries Service.
(L) The Federal Energy Regulatory Commission.
(M) The Federal Highway Administration.
(N) An applicable State agency or office.
(O) An applicable agency or office of a local
government.
(3) State coordination.-- In determining additional
participants under paragraph (2), the Secretary shall
seek to ensure that not fewer than 1 State is invited
to participate in each meeting or other activity of the
Council.
(4) Leadership.--The leadership of the Council shall
rotate annually among the members of the Council
described in paragraph (1), or as otherwise determined
by the Secretary, in consultation with the Secretary of
Agriculture, the Secretary of Commerce, and the
Secretary of Defense.
(5) Funding.--Notwithstanding section 708 of division
E of the Consolidated Appropriations Act, 2023 (Public
Law 117-328), the members of the Council described in
paragraph (1) may enter into agreements to share the
management and operational costs of the Council.
(d) Coordination.--The Council shall meet as frequently as
appropriate for the purposes of coordinating--
(1) the implementation of the America's Outdoor
Recreation Act of 2023, 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 outdoor
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).