[Senate Report 118-79]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 172
                                                       
118th Congress }                                                {  Report
                                 SENATE
 1st Session   }                                                { 118-79

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



 
                    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).