[118th Congress Public Law 234]
[From the U.S. Government Publishing Office]
[[Page 2835]]
EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES ACT
[[Page 138 STAT. 2836]]
Public Law 118-234
118th Congress
An Act
To improve recreation opportunities on, and facilitate greater access
to, Federal public land, and for other purposes. <<NOTE: Jan. 4,
2025 - [H.R. 6492]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Expanding Public
Lands Outdoor Recreation Experiences Act.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 16 USC 8401 note.>> Short Title.--This Act may be cited
as the ``Expanding Public Lands Outdoor Recreation Experiences Act'' or
the ``EXPLORE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE
Subtitle A--Outdoor Recreation Policy
Sec. 111. Congressional declaration of policy.
Sec. 112. Identifying opportunities for recreation.
Sec. 113. Federal Interagency Council on Outdoor Recreation.
Sec. 114. Recreation budget crosscut.
Subtitle B--Public Recreation on Federal Recreational Lands and Waters
Sec. 121. Biking on long-distance trails.
Sec. 122. Protecting America's rock climbing.
Sec. 123. Range access.
Sec. 124. Restoration of overnight campsites.
Sec. 125. Federal interior land media.
Sec. 126. Cape and antler preservation enhancement.
Sec. 127. Motorized and nonmotorized access.
Sec. 128. Aquatic resource activities assistance.
Subtitle C--Supporting Gateway Communities and Addressing Park
Overcrowding
Sec. 131. Gateway communities.
Sec. 132. Improved recreation visitation data.
Sec. 133. Monitoring for improved recreation decision making.
Subtitle D--Broadband Connectivity on Federal Recreational Lands and
Waters
Sec. 141. Connect Our Parks.
Sec. 142. Broadband internet connectivity at developed recreation sites.
Sec. 143. Public lands telecommunications cooperative agreements.
Subtitle E--Public-Private Parks Partnerships
Sec. 151. Authorization for lease of forest service administrative
sites.
Sec. 152. Partnership agreements creating tangible savings.
Sec. 153. Partnership agreements to modernize federally owned
campgrounds, resorts, cabins, and visitor centers on Federal
recreational lands and waters.
Sec. 154. Parking and Restroom opportunities for Federal recreational
lands and waters.
Sec. 155. Pay-for-performance projects.
[[Page 138 STAT. 2837]]
Sec. 156. Outdoor recreation legacy partnership program.
Sec. 157. American battlefield protection program enhancement.
TITLE II--ACCESS AMERICA
Sec. 201. Definitions.
Subtitle A--Access for People With Disabilities
Sec. 211. Accessible recreation inventory.
Sec. 212. Trail inventory.
Sec. 213. Trail pilot program.
Sec. 214. Accessible trails.
Sec. 215. Accessible recreation opportunities.
Sec. 216. Assistive technology.
Sec. 217. Savings clause.
Subtitle B--Military and Veterans in Parks
Sec. 221. Promotion of outdoor recreation for military servicemembers
and veterans.
Sec. 222. Military Veterans Outdoor Recreation Liaisons.
Sec. 223. Partnerships to promote military and veteran recreation.
Sec. 224. National strategy for military and veteran recreation.
Sec. 225. Recreation resource advisory committees.
Sec. 226. Career and volunteer opportunities for veterans.
Subtitle C--Youth Access
Sec. 231. Increasing youth recreation visits to Federal land.
Sec. 232. Every Kid Outdoors Act extension.
TITLE III--SIMPLIFYING OUTDOOR ACCESS FOR RECREATION
Sec. 301. Definitions.
Subtitle A--Modernizing Recreation Permitting
Sec. 311. Special recreation permit and fee.
Sec. 312. Permitting process improvements.
Sec. 313. Permit flexibility.
Sec. 314. Permit administration.
Sec. 315. Service First Initiative; Permits for multijurisdictional
trips.
Sec. 316. Forest Service and Bureau of Land Management temporary special
recreation permits for outfitting and guiding.
Sec. 317. Reviews for long-term permits.
Sec. 318. Adjustment of allocated visitor-use days.
Sec. 319. Liability.
Sec. 320. Cost recovery reform.
Sec. 321. Availability of Federal, State, and local recreation passes.
Sec. 322. Online purchases and establishment of a digital version of
America the Beautiful--The National Parks and Federal
Recreational Lands Passes.
Sec. 323. Savings provision.
Subtitle B--Making Recreation a Priority
Sec. 331. Extension of seasonal recreation opportunities.
Subtitle C--Maintenance of Public Land
Sec. 341. Volunteers in the National Forests and Public Lands Act.
Sec. 342. Reference.
Subtitle D--Recreation Not Red Tape
Sec. 351. Good neighbor authority for recreation.
Sec. 352. Permit relief for picnic areas.
Sec. 353. Interagency report on special recreation permits for
underserved communities.
Sec. 354. Modernizing Access to Our Public Land Act amendments.
Sec. 355. Savings provision.
SEC. 2. <<NOTE: 16 USC 8401.>> DEFINITIONS.
In this Act:
(1) Federal land management agency.--The term ``Federal land
management agency'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801).
[[Page 138 STAT. 2838]]
(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).
(3) Gateway community.--The term ``gateway community'' means
a community that serves as an entry point, or is adjacent, to a
recreation destination on Federal recreational lands and waters
or non-Federal land at which there is consistently high, in the
determination of the Secretaries, seasonal or year-round
visitation.
(4) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(5) Land use plan.--The term ``land use plan'' means--
(A) a land use plan prepared by the Secretary
pursuant to section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712); and
(B) a land management plan prepared by the Forest
Service for a unit of the National Forest Service
pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604).
(6) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; or
(B) the Secretary of Agriculture, with respect to
land managed by the Forest Service.
(9) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the
United States.
TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE
Subtitle A--Outdoor Recreation Policy
SEC. 111. <<NOTE: 16 USC 8411.>> CONGRESSIONAL DECLARATION OF
POLICY.
Congress declares that it is the policy of the Federal Government to
foster and encourage recreation on Federal recreational lands and
waters, to the extent consistent with the laws applicable to specific
areas of Federal recreational lands and waters, including multiple-use
mandates and land management planning requirements.
SEC. 112. <<NOTE: 16 USC 8412.>> IDENTIFYING OPPORTUNITIES FOR
RECREATION.
(a) Inventory and Assessments.--
(1) In general.--The Secretary concerned shall--
(A) conduct an inventory and assessment of
recreation resources for Federal recreational lands and
waters;
[[Page 138 STAT. 2839]]
(B) <<NOTE: Public comment.>> develop the inventory
and assessment with support from public comment; and
(C) <<NOTE: Update.>> update the inventory and
assessment as the Secretary concerned determines
appropriate.
(2) Unique recreation values.--An inventory and assessment
conducted under paragraph (1) shall--
(A) recognize--
(i) any unique recreation values and
recreation opportunities; and
(ii) areas of concentrated recreational use;
and
(B) <<NOTE: List.>> identify, list, and map
recreation resources by--
(i) type of recreation opportunity and type of
natural or artificial recreation infrastructure;
(ii) to the extent available, the level of use
of the recreation resource as of the date of the
inventory; and
(iii) identifying, to the extent practicable,
any trend relating to recreation opportunities or
use at a recreation resource identified under
subparagraph (A).
(3) Assessments.--For any recreation resource inventoried
under paragraph (1), the Secretary concerned shall assess--
(A) the maintenance needs of, and expenses necessary
to administer, the recreation resource;
(B) the suitability for developing, expanding, or
enhancing the recreation resource; and
(C) the adequacy of the current management of the
recreation resource.
(b) Existing Efforts.--To the extent practicable, the Secretary
concerned shall use or incorporate existing applicable research and
planning decisions and processes in carrying out this section.
(c) Conforming Amendments.--Section 200103 of title 54, United
States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), (h), and (i)
as subsections (d), (e), (f), (g), and (h), respectively.
SEC. 113. FEDERAL INTERAGENCY COUNCIL ON OUTDOOR RECREATION.
(a) Definitions.--Section 200102 of title 54, United States Code, is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(4) and (5) respectively; and
(2) by inserting before paragraph (4), as so redesignated,
the following:
``(1) Council.--The term `Council' means the Federal
Interagency Council on Outdoor Recreation established under
section 200104.
``(2) Federal land and water management agency.--The term
`Federal land and water management agency' means the National
Park Service, Bureau of Land Management, United States Fish and
Wildlife Service, Bureau of Indian Affairs, Bureau of
Reclamation, Forest Service, Corps of Engineers, and the
National Oceanic and Atmospheric Administration.
``(3) Federal recreational lands and waters.--The term
`Federal recreational lands and waters' has the meaning given
the term in section 802 of the Federal Lands Recreation
[[Page 138 STAT. 2840]]
Enhancement Act (16 U.S.C. 6801) and also includes Federal lands
and waters managed by the Bureau of Indian Affairs, Corps of
Engineers, or National Oceanic and Atmospheric
Administration.''.
(b) Establishment of Council.--Section 200104 of title 54, United
States Code, is amended to read as follows:
``Sec. 200104. Federal interagency council on outdoor recreation
``(a) Establishment.--The Secretary shall establish an interagency
council, to be known as the `Federal Interagency Council on Outdoor
Recreation'.
``(b) Composition.--
``(1) <<NOTE: Appointments.>> In general.--The Council
shall be composed of representatives of each of the following
agencies, to be appointed by the head of the respective 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 Army Corps of Engineers.
``(H) The National Oceanic and Atmospheric
Administration.
``(2) Additional participants.--In addition to the members
of the Council appointed under paragraph (1), the Secretary may
invite participation in the Council's meetings or other
activities from representatives of the following:
``(A) The Council on Environmental Quality.
``(B) The Natural Resources Conservation Service.
``(C) Rural development programs of the Department
of Agriculture.
``(D) The National Center for Chronic Disease
Prevention and Health Promotion.
``(E) The Environmental Protection Agency.
``(F) The Department of Transportation, including
the Federal Highway Administration.
``(G) The Tennessee Valley Authority.
``(H) The Department of Commerce, including--
``(i) the Bureau of Economic Analysis;
``(ii) the National Travel and Tourism Office;
and
``(iii) the Economic Development
Administration.
``(I) The Federal Energy Regulatory Commission.
``(J) An applicable State agency or office.
``(K) An applicable agency or office of a local
government.
``(L) Other organizations or interests, as
determined appropriate by the Secretary.
``(3) State coordination.--In determining additional
participants under this subsection, the Secretary shall seek to
ensure that States are invited and represented in the Council's
meetings or other activities.
``(4) <<NOTE: Time period. Determination.>> Leadership.--
The leadership of the Council shall rotate every 2 years among
the Council members appointed under paragraph (1), or as
otherwise determined by the Secretary in consultation with the
Secretaries of Agriculture, Defense, and Commerce.
[[Page 138 STAT. 2841]]
``(5) <<NOTE: Contracts. Costs.>> Funding.--Notwithstanding
section 708 of title VII of division E of the Consolidated
Appropriations Act, 2023 (Public Law 117-328), the Council
members appointed under paragraph (1) may enter into agreements
to share the management and operational costs of the Council.
``(c) Coordination.--The Council shall meet as frequently as
appropriate for the purposes of coordinating on issues related to
outdoor recreation, including--
``(1) recreation programs and management policies across
Federal land and water management agencies, including activities
associated with the implementation of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801 et seq.), as
appropriate;
``(2) the response by Federal land and water management
agencies to public health emergencies or other emergencies,
including those that result in disruptions to, or closures of,
Federal recreational lands and waters;
``(3) investments 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));
``(4) management of emerging technologies on Federal
recreational lands and waters;
``(5) research activities, including quantifying the
economic impacts of recreation;
``(6) dissemination to the public of recreation-related
information, in a manner that ensures the recreation-related
information is easily accessible with modern communication
devices;
``(7) the improvement of access to Federal recreational
lands and waters; and
``(8) 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; and
``(9) any other outdoor recreation-related issues that the
Council determines necessary.
``(d) Effect.--Nothing in this section affects the authorities,
regulations, or policies of any Federal agency described in paragraph
(1) or (2) of subsection (b).''.
(c) Clerical Amendment.--The table of sections for chapter 2001 of
title 54, United States Code, <<NOTE: 54 USC prec. 200101.>> is amended
by striking the item relating to section 200104 and inserting the
following:
``200104. Federal Interagency Council on Outdoor Recreation''.
SEC. 114. <<NOTE: Effective date. Public information. Web
posting. Reports. 16 USC 8413.>>
RECREATION BUDGET CROSSCUT.
Not later than 30 days after the end of each fiscal year, beginning
with fiscal year 2025, the Director of the Office of Management and
Budget shall submit to Congress and make public online a report that
describes and itemizes the total amount of funding relating to outdoor
recreation that was obligated in the preceding fiscal year in accounts
in the Treasury for the Department of the Interior and the Department of
Agriculture.
[[Page 138 STAT. 2842]]
Subtitle B--Public Recreation on Federal Recreational Lands and Waters
SEC. 121. <<NOTE: 16 USC 8421.>> BIKING ON LONG-DISTANCE TRAILS.
(a) <<NOTE: Deadline.>> Identification of Long-Distance Trails.--
Not later than 18 months after the date of the enactment of this title,
the Secretaries shall identify--
(1) not fewer than 10 long-distance bike trails that make
use of trails and roads in existence on the date of the
enactment of this title; and
(2) not fewer than 10 areas in which there is an opportunity
to develop or complete a trail that would qualify as a long-
distance bike trail.
(b) Public Comment.--The Secretaries shall--
(1) <<NOTE: Process.>> develop a process to allow members
of the public to comment regarding the identification of trails
and areas under subsection (a); and
(2) consider the identification, development, and completion
of long-distance bike trails in a geographically equitable
manner.
(c) Maps, Signage, and Promotional Materials.--For any long-distance
bike trail identified under subsection (a), the Secretary concerned
may--
(1) <<NOTE: Publication.>> publish and distribute maps,
install signage, and issue promotional materials; and
(2) coordinate with stakeholders to leverage any non-Federal
resources necessary for the stewardship, development, or
completion of trails.
(d) <<NOTE: Summary.>> Report.--Not later than 2 years after the
date of the enactment of this title, the Secretaries, in partnership
with interested organizations, shall prepare and publish a report that
lists the trails identified under subsection (a), including a summary of
public comments received in accordance with the process developed under
subsection (b).
(e) Conflict Avoidance With Other Uses.--Before identifying a long-
distance bike trail under subsection (a), the Secretary concerned shall
ensure the long-distance bike trail--
(1) minimizes conflict with--
(A) the uses, before the date of the enactment of
this title, of any trail or road that is part of that
long-distance bike trail;
(B) multiple-use areas where biking, hiking,
horseback riding, or use by pack and saddle stock are
existing uses on the date of the enactment of this
title;
(C) the purposes for which any trail was or is
established under the National Trails System Act (16
U.S.C. 1241 et seq.); and
(D) any area managed under the Wilderness Act (16
U.S.C. 1131 et seq.); and
(2) <<NOTE: Compliance.>> complies with land use and
management plans of the Federal recreational lands and waters
that are part of that long-distance bike trail.
(f) Eminent Domain or Condemnation.--In carrying out this section,
the Secretaries may not use eminent domain or condemnation.
(g) Definitions.--In this section:
[[Page 138 STAT. 2843]]
(1) Long-distance bike trail.--The term ``long-distance bike
trail'' means a continuous route, consisting of 1 or more trails
or rights-of-way, that--
(A) is not less than 80 miles in length;
(B) primarily makes use of dirt or natural surface
trails;
(C) may require connections along paved or other
improved roads;
(D) does not include Federal recreational lands
where mountain biking or related activities are not
consistent with management requirements for those
Federal recreational lands; and
(E) to the maximum extent practicable, makes use of
trails and roads that were on Federal recreational lands
on or before the date of the enactment of this title.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
SEC. 122. <<NOTE: 16 USC 8422.>> PROTECTING AMERICA'S ROCK
CLIMBING.
(a) <<NOTE: Deadline. Guidance.>> In General.--Not later than 18
months after the date of the enactment of this title, each Secretary
concerned shall issue guidance for recreational climbing activities on
covered Federal land.
(b) <<NOTE: Compliance.>> Applicable Law.--The guidance issued
under subsection (a) shall ensure that recreational climbing activities
comply with the laws (including regulations) applicable to the covered
Federal land.
(c) Wilderness Areas.--The guidance issued under subsection (a)
shall recognize that recreational climbing (including the use,
placement, and maintenance of fixed anchors) is an appropriate use
within a component of the National Wilderness Preservation System, if
undertaken--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and other applicable laws (including regulations); and
(2) subject to any terms and conditions determined by the
Secretary concerned to be appropriate.
(d) 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.
(e) 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 the enactment of this title, in
accordance with this Act.
(f) Public Comment.--Before finalizing the guidance issued under
subsection (a), the Secretary concerned shall provide opportunities for
public comment with respect to the guidance.
(g) Covered Federal Land Defined.--In this section, the term
``covered Federal land''--
(1) means the lands described in subparagraphs (A) and (B)
of paragraph (2); and
[[Page 138 STAT. 2844]]
(2) includes components of the National Wilderness
Preservation System.
SEC. 123. <<NOTE: 16 USC 8423.>> RANGE ACCESS.
(a) Definition of Target Shooting Range.--In this section, the term
``target shooting range'' means a developed and managed area that is
authorized or operated by the Forest Service, a concessioner of the
Forest Service, or the Bureau of Land Management (or their lessee)
specifically for the purposeful discharge by the public of legal
firearms, firearms training, archery, or other associated activities.
(b) Assessment; Identification of Target Shooting Range Locations.--
(1) <<NOTE: Deadline. Public information. List.>>
Assessment.--Not later than 1 year after the date of the
enactment of this title, the Secretary concerned shall make
available to the public a list that--
(A) identifies each National Forest and each Bureau
of Land Management district that has a target shooting
range that meets the requirements described in paragraph
(3)(B);
(B) identifies each National Forest and each Bureau
of Land Management district that does not have a target
shooting range that meets the requirements described in
paragraph (3)(B); and
(C) <<NOTE: Determination.>> for each National
Forest and each Bureau of Land Management district
identified under subparagraph (B), provides a
determination of whether applicable law or the
applicable land use plan prevents the establishment of a
target shooting range that meets the requirements
described in paragraph (3)(B).
(2) Identification of target shooting range locations.--
(A) In general.--The Secretary concerned shall
identify at least 1 suitable location for a target
shooting range that meets the requirements described in
paragraph (3)(B) within each National Forest and each
Bureau of Land Management district with respect to which
the Secretary concerned has determined under paragraph
(1)(C) that the establishment of a target shooting range
is not prevented by applicable law or the applicable
land use plan.
(B) Requirements.--The Secretaries, in consultation
with the entities described in subsection (d), shall,
for purposes of identifying a suitable location for a
target shooting range under subparagraph (A)--
(i) consider the proximity of areas frequently
used by recreational shooters;
(ii) ensure that the target shooting range
would not adversely impact a shooting range
operated on non-Federal land; and
(iii) consider other nearby recreational uses,
including proximity to units of the National Park
System, to minimize potential conflict and
prioritize visitor safety.
(3) Establishment of new target shooting ranges.--
(A) <<NOTE: Deadline.>> In general.--Not later than
5 years after the date of the enactment of this title,
at 1 or more suitable locations identified on each
eligible National Forest and
[[Page 138 STAT. 2845]]
Bureau of Land Management district under paragraph
(2)(A), the Secretary concerned shall--
(i) subject to the availability of
appropriations for such purpose, construct a
target shooting range that meets the requirements
described in subparagraph (B) or modify an
existing target shooting range to meet the
requirements described in subparagraph (B); or
(ii) <<NOTE: Contracts.>> enter into an
agreement with an entity described in subsection
(d)(1), under which the entity shall establish or
maintain a target shooting range that meets the
requirements described in subparagraph (B).
(B) Requirements.--A target shooting range
established under this paragraph--
(i)(I) shall be able to accommodate rifles and
pistols;
(II) may include skeet, trap, or sporting clay
infrastructure; and
(III) may accommodate archery;
(ii) shall include appropriate public safety
designs and features, including--
(I) significantly modified
landscapes, including berms, buffer
distances, or other public safety
designs or features; and
(II) a designated firing line; and
(iii) may include--
(I) shade structures;
(II) trash containers;
(III) restrooms;
(IV) benches; and
(V) any other features that the
Secretary concerned determines to be
necessary.
(C) Recreation and public purposes act.--For
purposes of subparagraph (A), the Secretary concerned
may consider a target shooting range that is located on
land transferred or leased pursuant to the Act of June
14, 1926 (commonly known as the ``Recreation and Public
Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C.
869 et seq.), as a target shooting range that meets the
requirements described in subparagraph (B).
(c) Restrictions.--
(1) Management.--The management of a target shooting range
shall be subject to such conditions as the Secretary concerned
determines are necessary for the safe, responsible use of--
(A) the target shooting range; and
(B) the adjacent land and resources.
(2) Closures.--Except in emergency situations, the Secretary
concerned shall seek to ensure that a target shooting range that
meets the requirements described in subsection (b)(3)(B), or an
equivalent shooting range adjacent to a National Forest or
Bureau of Land Management district, is available to the public
prior to closing Federal recreational lands and waters
administered by the Chief of the Forest Service or the Director
of the Bureau of Land Management to recreational shooting, in
accordance with section 4103 of the John D. Dingell,
[[Page 138 STAT. 2846]]
Jr. Conservation, Management, and Recreation Act (16 U.S.C.
7913).
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretaries shall coordinate with--
(A) State, Tribal, and local governments;
(B) nonprofit or nongovernmental organizations,
including organizations that are signatories to the
memorandum of understanding entitled ``Federal Lands
Hunting, Fishing, and Shooting Sports Roundtable
Memorandum of Understanding'' and signed by the Forest
Service and the Bureau of Land Management on August 17,
2006;
(C) shooting clubs;
(D) Federal advisory councils relating to hunting
and shooting sports; and
(E) individuals or entities with authorized leases
or permits in an area under consideration for a target
shooting range.
(2) Partnerships.--The Secretaries may--
(A) coordinate with an entity described in paragraph
(1) to assist with the construction, modification,
operation, or maintenance of a target shooting range;
and
(B) explore opportunities to leverage funding to
maximize non-Federal investment in the construction,
modification, operation, or maintenance of a target
shooting range.
(e) <<NOTE: Time periods.>> Annual Reports.--Not later than 2 years
after the date of the enactment of this title and annually thereafter
through fiscal year 2033, the Secretaries shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a report describing
the progress made with respect to the implementation of this section.
(f) Savings Clause.--Nothing in this section affects the authority
of the Secretary concerned to administer a target shooting range that is
in addition to the target shooting ranges that meet the requirements
described in subsection (b)(3)(B) on Federal recreational lands and
waters administered by the Secretary concerned.
SEC. 124. <<NOTE: Deadlines. 16 USC 8424.>> RESTORATION OF
OVERNIGHT CAMPSITES.
(a) Definitions.--In this section:
(1) Recreation area.--The term ``Recreation Area'' means the
recreation area and grounds associated with the recreation area
on the map entitled ``Ouachita National Forest Camping
Restoration'' and dated November 30, 2023, on file with the
Forest Service.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) In General.--The Secretary shall--
(1) not later than 6 months after the date of the enactment
of this title, identify 54 areas within the Recreation Area that
may be suitable for overnight camping; and
(2) not later than 2 years after the date of the enactment
of this title--
(A) <<NOTE: Review.>> review each area identified
under paragraph (1); and
[[Page 138 STAT. 2847]]
(B) from the areas so identified, select and
establish at least 27 campsites and related facilities
within the Recreation Area for public use.
(c) Requirements Related to Campsites and Related Facilities.--The
Secretary shall--
(1) ensure that at least 27 campsites are available under
subsection (b), of which not less than 8 shall have electric and
water hookups; and
(2) ensure that each campsite and related facility
identified or established under subsection (b) is located
outside of the 1 percent annual exceedance probability flood
elevation.
(d) Reopening of Certain Sites.--Not later than 30 days after the
date of the enactment of this title, the Secretary shall open each
campsite within the Recreation Area that--
(1) exists on the date of the enactment of this title;
(2) is located outside of the 1 percent annual exceedance
probability flood elevation;
(3) was in operation on June 1, 2010; and
(4) would not interfere with any current (as of the date of
the enactment of this title) day use areas.
(e) Day Use Areas.--Not later than 1 year after the date of the
enactment of this title, the Secretary shall take such actions as are
necessary to rehabilitate and make publicly accessible the areas in the
Recreation Area identified for year-round day use, including the
following:
(1) Loop A.
(2) Loop B.
(3) The covered, large-group picnic pavilion in Loop D.
(4) The parking lot in Loop D.
SEC. 125. FEDERAL INTERIOR LAND MEDIA.
(a) Filming in National Park System Units.--
(1) In general.--Chapter 1009 of title 54, United States
Code, is amended by striking section 100905 and inserting the
following:
``Sec. 100905. <<NOTE: 16 USC 100905.>> Filming and still
photography in System units
``(a) Filming and Still Photography.--
``(1) In general.--The Secretary shall ensure that a filming
or still photography activity or similar project in a System
unit (referred to in this section as a `filming or still
photography activity') and the authorizing or permitting of a
filming or still photography activity are carried out consistent
with--
``(A) the laws and policies applicable to the
Service; and
``(B) an applicable general management plan.
``(2) No permits required.--The Secretary shall not require
an authorization or a permit or assess a fee, if a fee for a
filming or still photography activity is not otherwise required
by law, for a filming or still photography activity that--
``(A)(i) involves fewer than 6 individuals; and
``(ii) meets each of the requirements described in
paragraph (5); or
``(B) is merely incidental to, or documenting, an
activity or event that is allowed or authorized at the
System unit, regardless of--
[[Page 138 STAT. 2848]]
``(i) the number of individuals participating
in the allowed or authorized activity or event; or
``(ii) whether any individual receives
compensation for any products of the filming or
still photography activity.
``(3) Filming and still photography authorizations for de
minimis use.--
``(A) In general.--The Secretary shall establish a
de minimis use authorization for certain filming or
still photography activities that meets the requirements
described in subparagraph (F).
``(B) Policy.--For a filming or still photography
activity that meets the requirements described in
subparagraph (F), the Secretary--
``(i) may require a de minimis use
authorization; and
``(ii) shall not require a permit.
``(C) No fee.--The Secretary shall not charge a fee
for a de minimis use authorization under this paragraph.
``(D) Access.--The Secretary shall enable members of
the public to apply for and obtain a de minimis use
authorization under this paragraph--
``(i) through the website of the Service; and
``(ii) in person at the field office of the
applicable System unit.
``(E) Issuances.--The Secretary shall--
``(i) <<NOTE: Procedure.>> establish a
procedure--
``(I) to automate the approval of an
application submitted through the
website of the Service under
subparagraph (D)(i); and
``(II) to issue a de minimis use
authorization under this paragraph
immediately on receipt of an application
that is submitted in person at the field
office of the applicable System unit
under subparagraph (D)(ii); and
``(ii) if an application submitted under
subparagraph (D) meets the requirements of this
paragraph, immediately on receipt of the
application issue a de minimis use authorization
for the filming or still photography activity.
``(F) Requirements.--The Secretary shall only issue
a de minimis use authorization under this paragraph if
the filming or still photography activity--
``(i) involves a group of not fewer than 6
individuals and not more than 8 individuals;
``(ii) meets each of the requirements
described in paragraph (5); and
``(iii) is consistent with subsection (c).
``(G) Contents.--A de minimis use authorization
issued under this paragraph shall list the requirements
described in subparagraph (F).
``(4) Required permits.--
``(A) <<NOTE: Fees.>> In general.--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--
[[Page 138 STAT. 2849]]
``(i) involves more than 8 individuals; or
``(ii) does not meet each of the requirements
described in paragraph (5).
``(B) Wilderness act clarification.--No provision of
this subsection is intended to or shall be construed to
conflict with the provisions of the Wilderness Act of
1964 (16 U.S.C. 1131 et seq.).
``(5) Requirements for filming or still photography
activity.--The requirements referred to in paragraphs
(2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) are as follows:
``(A) A person conducts the filming or still
photography activity in a manner that--
``(i) does not impede or intrude on the
experience of other visitors to the applicable
System unit;
``(ii) except as otherwise authorized, does
not disturb or negatively impact--
``(I) a natural or cultural
resource; or
``(II) an environmental or scenic
value; and
``(iii) allows for equitable allocation or use
of facilities of the applicable System unit.
``(B) The person conducts the filming or still
photography activity at a location in which the public
is allowed.
``(C) The person conducting the filming or still
photography activity does not require the exclusive use
of a site or area.
``(D) The person does not conduct the filming or
still photography activity in a localized area that
receives a very high volume of visitation.
``(E) The person conducting the filming or still
photography activity does not use a set or staging
equipment, subject to the limitation that handheld
equipment (such as a tripod, monopod, and handheld
lighting equipment) shall not be considered staging
equipment for the purposes of this subparagraph.
``(F) <<NOTE: Compliance.>> 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) <<NOTE: Compliance.>> The person conducting
the filming or still photography activity complies with
other applicable Federal, State (as such term is defined
in section 3 of the EXPLORE Act), and local laws
(including regulations), including laws relating to the
use of unmanned aerial equipment.
``(6) Content creation.--Regardless of distribution
platform, any video, still photograph, or audio recording for
commercial or noncommercial content creation in a System unit
shall be considered to be a filming or still photography
activity under this subsection.
``(7) Effect.--
``(A) Permits requested though not required.--On the
request of a person intending to carry out a filming or
still photography activity, the Secretary may issue a
permit for the filming or still photography activity,
even
[[Page 138 STAT. 2850]]
if a permit for the filming or still photography
activity is not required under this section.
``(B) No additional permits, commercial use
authorizations, or fees for filming and still
photography at authorized events.--A filming or still
photography activity at an activity or event that is
allowed or authorized, including a wedding, engagement
party, family reunion, or celebration of a graduate,
shall be considered merely incidental for the purposes
of paragraph (2)(B).
``(C) Monetary compensation.--The receipt of
monetary compensation by the person conducting the
filming or still photography activity shall not affect
the permissibility of the filming or still photography
activity.
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in subsection
(a)(4) shall meet each of the following criteria:
``(A) The reasonable fee shall provide a fair return
to the United States.
``(B) The reasonable fee shall be based on the
following criteria:
``(i) The number of days of the filming or
still photography activity.
``(ii) The size of the film or still
photography crew present in the System unit.
``(iii) The quantity and type of film or still
photography equipment present in the System unit.
``(iv) Any other factors that the Secretary
determines to be necessary.
``(2) Recovery of costs.--
``(A) In general.--The Secretary shall collect from
the applicant for the applicable permit any costs
incurred by the Secretary related to a filming or still
photography activity subject to a permit under
subsection (a)(4), including--
``(i) the costs of the review or issuance of
the permit; and
``(ii) related administrative and personnel
costs.
``(B) Effect on fees collected.--All costs recovered
under subparagraph (A) shall be in addition to the fee
described in paragraph (1).
``(3) Use of proceeds.--
``(A) Fees.--All fees collected under this section
shall--
``(i) be available for expenditure by the
Secretary, without further appropriation; and
``(ii) remain available until expended.
``(B) Costs.--All costs recovered under paragraph
(2)(A) shall--
``(i) be available for expenditure by the
Secretary, without further appropriation, at the
System unit at which the costs are collected; and
``(ii) remain available until expended.
``(c) <<NOTE: Determination.>> Protection of Resources.--The
Secretary shall not allow a person to undertake a filming or still
photography activity if the Secretary determines that--
``(1) there is a likelihood that the person would cause
resource damage at the System unit, except as otherwise
authorized;
[[Page 138 STAT. 2851]]
``(2) the person would create an unreasonable disruption of
the use and enjoyment by the public of the System unit; or
``(3) the filming or still photography activity poses a
health or safety risk to the public.
``(d) Processing of Permit Applications.--
``(1) In general.--The Secretary shall establish a process
to ensure that the Secretary responds in a timely manner to an
application for a permit for a filming or still photography
activity required under subsection (a)(4).
``(2) Coordination.--If a permit is required under this
section for 2 or more Federal agencies or System units, the
Secretary and the head of any other applicable Federal agency,
as applicable, shall, to the maximum extent practicable,
coordinate permit processing procedures, including through the
use of identifying a lead agency or lead System unit--
``(A) <<NOTE: Review.>> to review the application
for the permit;
``(B) to issue the permit; and
``(C) <<NOTE: Fees.>> to collect any required
fees.''.
(2) Clerical amendment.--The table of sections for chapter
1009 of title 54, United States Code, <<NOTE: 54 USC prec.
100901.>> is amended by striking the item relating to section
100905 and inserting the following:
``100905. Filming and still photography in System units.''.
(b) Filming on Other Federal Land.--Public Law 106-206 (16 U.S.C.
460l-6d) is amended by striking section 1 and inserting the following:
``SEC. 1. <<NOTE: 16 USC 4601-6d.>> FILMING AND STILL
PHOTOGRAPHY.
``(a) Filming and Still Photography.--
``(1) In general.--The Secretary concerned shall ensure that
a filming or still photography activity or similar project at a
Federal land management unit (referred to in this section as a
`filming or still photography activity') and the authorizing or
permitting of a filming or still photography activity are
carried out consistent with--
``(A) the laws and policies applicable to the
Secretary concerned; and
``(B) an applicable general management plan.
``(2) No permits required.--The Secretary concerned shall
not require an authorization or a permit or assess a fee, if a
fee for a filming or still photography activity is not otherwise
required by law, for a filming or still photography activity
that--
``(A)(i) involves fewer than 6 individuals; and
``(ii) meets each of the requirements described in
paragraph (5); or
``(B) is merely incidental to, or documenting, an
activity or event that is allowed or authorized at the
Federal land management unit, regardless of--
``(i) the number of individuals participating
in the allowed or authorized activity or event; or
``(ii) whether any individual receives
compensation for any products of the filming or
still photography activity.
``(3) Filming and still photography authorizations for de
minimis use.--
[[Page 138 STAT. 2852]]
``(A) In general.--The Secretary concerned shall
establish a de minimis use authorization for certain
filming or still photography activities that meets the
requirements described in subparagraph (F).
``(B) Policy.--For a filming or still photography
activity that meets the requirements described in
subparagraph (F), the Secretary concerned--
``(i) may require a de minimis use
authorization; and
``(ii) shall not require a permit.
``(C) No fee.--The Secretary concerned shall not
charge a fee for a de minimis use authorization under
this paragraph.
``(D) Access.--The Secretary concerned shall enable
members of the public to apply for and obtain a de
minimis use authorization under this paragraph--
``(i) through the website of the Department of
the Interior or the Forest Service, as applicable;
and
``(ii) in person at the field office for the
Federal land management unit.
``(E) Issuances.--The Secretary concerned shall--
``(i) <<NOTE: Procedure.>> establish a
procedure--
``(I) to automate the approval of an
application submitted through the
website of the Department of the
Interior or the Forest Service, as
applicable, under subparagraph (D)(i);
and
``(II) to issue a de minimis use
authorization under this paragraph
immediately on receipt of an application
that is submitted in person at the field
office for the Federal land management
unit under subparagraph (D)(ii); and
``(ii) if an application submitted under
subparagraph (D) meets the requirements of this
paragraph, immediately on receipt of the
application issue a de minimis use authorization
for the filming or still photography activity.
``(F) Terms.--The Secretary concerned shall only
issue a de minimis use authorization under this
paragraph if the filming or still photography activity--
``(i) involves a group of not fewer than 6
individuals and not more than 8 individuals;
``(ii) meets each of the requirements
described in paragraph (5); and
``(iii) is consistent with subsection (c).
``(G) Contents.--A de minimis use authorization
issued under this paragraph shall list the requirements
described in subparagraph (F).
``(4) Required permits.--
``(A) <<NOTE: Fees.>> In general.--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--
``(i) involves more than 8 individuals; or
``(ii) does not meet each of the requirements
described in paragraph (5).
[[Page 138 STAT. 2853]]
``(B) Wilderness act clarification.--No provision of
this subsection is intended to or shall be construed to
conflict with the provisions of the Wilderness Act of
1964 (16 U.S.C. 1131 et seq.).
``(5) Requirements for filming or still photography
activity.--The requirements referred to in paragraphs
(2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) are as follows:
``(A) A person conducts the filming or still
photography activity in a manner that--
``(i) does not impede or intrude on the
experience of other visitors to the Federal land
management unit;
``(ii) except as otherwise authorized, does
not disturb or negatively impact--
``(I) a natural or cultural
resource; or
``(II) an environmental or scenic
value; and
``(iii) allows for equitable allocation or use
of facilities of the Federal land management unit.
``(B) The person conducts the filming or still
photography activity at a location in which the public
is allowed.
``(C) The person conducting the filming or still
photography activity does not require the exclusive use
of a site or area.
``(D) The person does not conduct the filming or
still photography activity in a localized area that
receives a very high volume of visitation.
``(E) The person conducting the filming or still
photography activity does not use a set or staging
equipment, subject to the limitation that handheld
equipment (such as a tripod, monopod, and handheld
lighting equipment) shall not be considered staging
equipment for the purposes of this subparagraph.
``(F) <<NOTE: Compliance.>> 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) <<NOTE: Compliance.>> The person conducting
the filming or still photography activity complies with
other applicable Federal, State (as such term is defined
in section 3 of the EXPLORE Act), and local laws
(including regulations), including laws relating to the
use of unmanned aerial equipment.
``(6) Content creation.--Regardless of distribution
platform, any video, still photograph, or audio recording for
commercial or noncommercial content creation at a Federal land
management unit shall be considered to be a filming or still
photography activity under this subsection.
``(7) Effect.--
``(A) Permits requested though not required.--On the
request of a person intending to carry out a filming or
still photography activity, the Secretary concerned may
issue a permit for the filming or still photography
activity, even if a permit for the filming or still
photography activity is not required under this section.
[[Page 138 STAT. 2854]]
``(B) No additional permits, commercial use
authorizations, or fees for filming and still
photography at authorized events.--A filming or still
photography activity at an activity or event that is
allowed or authorized, including a wedding, engagement
party, family reunion, or celebration of a graduate,
shall be considered merely incidental for the purposes
of paragraph (2)(B).
``(C) Monetary compensation.--The receipt of
monetary compensation by the person engaged in the
filming or still photography activity shall not affect
the permissibility of the filming or still photography
activity.
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in subsection
(a)(4) shall meet each of the following criteria:
``(A) The reasonable fee shall provide a fair return
to the United States.
``(B) The reasonable fee shall be based on the
following criteria:
``(i) The number of days of the filming or
still photography activity.
``(ii) The size of the film or still
photography crew present at the Federal land
management unit.
``(iii) The quantity and type of film or still
photography equipment present at the Federal land
management unit.
``(iv) Any other factors that the Secretary
concerned determines to be necessary.
``(2) Recovery of costs.--
``(A) In general.--The Secretary concerned shall
collect from the applicant for the applicable permit any
costs incurred by the Secretary concerned related to a
filming or still photography activity subject to a
permit under subsection (a)(4), including--
``(i) the costs of the review or issuance of
the permit; and
``(ii) related administrative and personnel
costs.
``(B) Effect on fees collected.--All costs recovered
under subparagraph (A) shall be in addition to the fee
described in paragraph (1).
``(3) Use of proceeds.--
``(A) Fees.--All fees collected under this section
shall--
``(i) be available for expenditure by the
Secretary concerned, without further
appropriation; and
``(ii) remain available until expended.
``(B) Costs.--All costs recovered under paragraph
(2)(A) shall--
``(i) be available for expenditure by the
Secretary concerned, without further
appropriation, at the Federal land management unit
at which the costs are collected; and
``(ii) remain available until expended.
``(c) <<NOTE: Determination.>> Protection of Resources.--The
Secretary concerned shall not allow a person to undertake a filming or
still photography activity if the Secretary concerned determines that--
``(1) there is a likelihood that the person would cause
resource damage at the Federal land management unit, except as
otherwise authorized;
[[Page 138 STAT. 2855]]
``(2) the person would create an unreasonable disruption of
the use and enjoyment by the public of the Federal land
management unit; or
``(3) the filming or still photography activity poses a
health or safety risk to the public.
``(d) Processing of Permit Applications.--
``(1) In general.--The Secretary concerned shall establish a
process to ensure that the Secretary concerned responds in a
timely manner to an application for a permit for a filming or
still photography activity required under subsection (a)(4).
``(2) Coordination.--If a permit is required under this
section for 2 or more Federal agencies or Federal land
management units, the Secretary concerned and the head of any
other applicable Federal agency, as applicable, shall, to the
maximum extent practicable, coordinate permit processing
procedures, including through the use of identifying a lead
agency or lead Federal land management unit--
``(A) <<NOTE: Review.>> to review the application
for the permit;
``(B) to issue the permit; and
``(C) <<NOTE: Fees.>> to collect any required fees.
``(e) Definitions.--In this section:
``(1) Federal land management unit.--The term `Federal land
management unit' means--
``(A) Federal land (other than National Park System
land) under the jurisdiction of the Secretary of the
Interior; and
``(B) National Forest System land.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of the Interior, with respect to
land described in paragraph (1)(A); and
``(B) the Secretary of Agriculture, with respect to
land described in paragraph (1)(B).''.
SEC. 126. CAPE AND ANTLER PRESERVATION ENHANCEMENT.
Section 104909(c) of title 54, United States Code, is amended by
striking ``meat from'' and inserting ``meat and any other part of an
animal removed pursuant to''.
SEC. 127. <<NOTE: Deadlines. 16 USC 8425.>> MOTORIZED AND
NONMOTORIZED ACCESS.
(a) <<NOTE: Public information. Compliance. Maps.>> In General.--
The Secretary concerned shall seek to have, not later than 5 years after
the date of the enactment of this title, in a printed and publicly
available format that is compliant with the format for geographic
information systems--
(1) for each district administered by the Director of the
Bureau of Land Management, a ground transportation linear
feature map authorized for public use or administrative use; and
(2) for each unit of the National Forest System, a motor
vehicle use map, in accordance with existing law.
(b) <<NOTE: Public information. Compliance.>> Over-Snow Vehicle-Use
Maps.--The Secretary concerned shall seek to have, not later than 10
years after the date of the enactment of this title, in a printed and
publicly available format that is compliant with the format for
geographic information systems, an over-snow vehicle-use map for each
unit of Federal recreational lands and waters administered by the Chief
of the Forest Service or Director of the Bureau of Land Management on
which over-snow vehicle-use occurs, in accordance with existing law.
[[Page 138 STAT. 2856]]
(c) <<NOTE: Reviews. Public notice and comment. Update.>> Out-of-
Date Maps.--Not later than 20 years after the date on which the
Secretary concerned adopted or reviewed, through public notice and
comment, a map described in subsection (a) or (b), the Secretary
concerned shall seek to review, through public notice and comment, and
update, as necessary, the applicable map.
(d) Motorized and Nonmotorized Access.--The Secretaries shall seek
to create additional opportunities, as appropriate, and in accordance
with existing law, for motorized and nonmotorized access and
opportunities on Federal recreational lands and waters administered by
the Chief of the Forest Service or the Director of the Bureau of Land
Management.
(e) Savings Clause.--Nothing in this section prohibits a lawful use,
including authorized motorized or nonmotorized uses, 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.
SEC. 128. <<NOTE: 16 USC 8426.>> AQUATIC RESOURCE ACTIVITIES
ASSISTANCE.
(a) Definitions.--In this section:
(1) Aquatic nuisance species task force.--The term ``Aquatic
Nuisance Species Task Force'' means the Aquatic Nuisance Species
Task Force established by section 1201(a) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4721(a)).
(2) Decontamination.--The term ``decontamination'' means
actions to remove aquatic nuisance species to prevent
introduction or spread into new aquatic ecosystems.
(3) Federal land and water.--The term ``Federal land and
water'' means Federal land and water operated and maintained by
the Bureau of Land Management, the U.S. Fish and Wildlife
Service, the Bureau of Reclamation, the Forest Service, or the
National Park Service, as applicable.
(4) Indian tribe.--The term ``Indian Tribe'' has the meaning
given such term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
(5) Inspection.--The term ``inspection'' means actions to
find aquatic nuisance species to prevent introduction or spread
into new aquatic ecosystems.
(6) Partner.--The term ``partner'' means--
(A) a Reclamation State;
(B) an Indian Tribe in a Reclamation State;
(C) an applicable nonprofit organization in a
Reclamation State;
(D) a unit of local government in a Reclamation
State; or
(E) a private entity.
(7) Reclamation state.--The term ``Reclamation State''
includes any of the following States:
(A) Alaska.
(B) Arizona.
(C) California.
(D) Colorado.
(E) Idaho.
(F) Kansas.
(G) Montana.
(H) Nebraska.
[[Page 138 STAT. 2857]]
(I) Nevada.
(J) New Mexico.
(K) North Dakota.
(L) Oklahoma.
(M) Oregon.
(N) South Dakota.
(O) Texas.
(P) Utah.
(Q) Washington.
(R) Wyoming.
(8) Reclamation project.--The term ``reclamation project''
has the meaning given such term in section 2803(3) of the
Reclamation Projects Authorization and Adjustment Act of 1992
(16 U.S.C. 460l-32(3)).
(9) Secretaries.--The term ``Secretaries'' means each of the
following:
(A) The Secretary, acting through the Director of
the Bureau of Land Management, the Commissioner of
Reclamation, and the Director of the National Park
Service.
(B) The Secretary of Agriculture, acting through the
Chief of the Forest Service.
(10) Vessel.--The term ``vessel'' means any watercraft or
other contrivance used or designed for transportation or
navigation on, under, or immediately above, water.
(b) Authority of Bureau of Land Management, Bureau of Reclamation,
National Park Service, and Forest Service With Respect to Certain
Aquatic Resource Activities on Federal Land and Waters.--
(1) In general.--The head of each Federal land management
agency is authorized to carry out inspections and
decontamination of vessels entering or leaving Federal land and
waters under the jurisdiction of the respective Federal land
management agency.
(2) Requirements.--The Secretaries shall--
(A) in carrying out an inspection and
decontamination under paragraph (1), coordinate with 1
or more partners;
(B) <<NOTE: Consultation.>> consult with the
Aquatic Nuisance Species Task Force to identify
potential improvements and efficiencies in the detection
and management of aquatic nuisance species on Federal
land and water; and
(C) <<NOTE: Inspection.>> to the maximum extent
practicable, inspect and decontaminate vessels in a
manner that minimizes disruptions to public access for
boating and recreation in noncontaminated vessels.
(3) Partnerships.--The Secretaries may enter into a
partnership to lead, collaborate with, or provide technical
assistance to a partner--
(A) to carry out an inspection or decontamination of
vessels; or
(B) to establish an inspection and decontamination
station for vessels.
(4) Limitation.--The Secretaries shall not prohibit access
to vessels due solely to the absence of a Federal, State, or
partner's inspection program or station.
(5) Exceptions.--
(A) Authority to regulate vessels.--Nothing in this
section shall be construed to limit the authority of the
[[Page 138 STAT. 2858]]
Commandant of the Coast Guard to regulate vessels
provided under any other provision of law.
(B) Applicability.--Authorities granted in this
subsection shall not apply at locations where inspection
or decontamination activities would duplicate efforts by
the Coast Guard.
(6) Data sharing.--The Secretaries shall make available to a
Reclamation State any relevant data gathered related to
inspections or decontaminations carried out under this
subsection in such State.
(c) Grant Program for Reclamation States for Vessel Inspection and
Decontamination Stations.--
(1) Vessels inspections in reclamation states.--Subject to
the availability of appropriations, the Secretary, acting
through the Commissioner of Reclamation, shall establish a
competitive grant program to provide financial assistance to
partners to conduct inspections and decontamination of vessels
operating in Reclamation projects, including to purchase,
establish, operate, or maintain a vessel inspection and
decontamination station.
(2) Cost share.--The Federal share of the cost of a grant
under paragraph (1), including personnel costs, shall not exceed
75 percent.
(3) <<NOTE: Determination.>> Standards.--Before awarding a
grant under paragraph (1), the Secretary shall determine that
the project is technically and financially feasible.
(4) Coordination.--In carrying out this subsection, the
Secretary shall coordinate with--
(A) each of the Reclamation States;
(B) affected Indian Tribes; and
(C) the Aquatic Nuisance Species Task Force.
Subtitle C--Supporting Gateway Communities and Addressing Park
Overcrowding
SEC. 131. <<NOTE: 16 USC 8441.>> GATEWAY COMMUNITIES.
(a) Assessment of Impacts and Needs in Gateway Communities.--The
Secretaries--
(1) shall collaborate with State and local governments,
Indian Tribes, housing authorities, applicable trade
associations, nonprofit organizations, private entities, and
other relevant stakeholders to identify needs and economic
impacts in gateway communities, including--
(A) housing shortages;
(B) demands on existing municipal infrastructure;
(C) accommodation and management of sustainable
visitation; and
(D) the expansion and diversification of visitor
experiences by bolstering the visitation at--
(i) existing developed locations that are
underutilized on nearby Federal recreational lands
and waters that are suitable for developing,
expanding, or enhancing recreation use, as
identified by the Secretaries; or
[[Page 138 STAT. 2859]]
(ii) existing developed and suitable lesser-
known recreation sites, as identified under
section 5(b)(1)(B), on nearby land managed by a
State agency or a local agency; and
(2) may address a need identified under paragraph (1) by--
(A) providing financial or technical assistance to a
gateway community under an existing program;
(B) <<NOTE: Contracts.>> entering into an
agreement, right-of-way, or easement, in accordance with
applicable laws; or
(C) issuing an entity referred to in paragraph (1) a
special use permit (other than a special recreation
permit (as defined in section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801)), in
accordance with applicable laws.
(b) Technical and Financial Assistance to Businesses.--
(1) In general.--The Secretary of Agriculture (acting
through the Administrator of the Rural Business-Cooperative
Service), in coordination with the Secretary and the Secretary
of Commerce, shall provide to businesses in gateway communities
the assistance described in paragraph (2) to establish, operate,
or expand infrastructure to accommodate and manage sustainable
visitation, including hotels, campgrounds, and restaurants.
(2) Assistance.--The Secretary of Agriculture may provide
assistance under paragraph (1) through the use of existing, or
the establishment of new, entrepreneur and vocational training
programs, technical assistance programs, low-interest business
loan programs, and loan guarantee programs.
(c) Partnerships.--In carrying out this section, the Secretaries
may, in accordance with applicable laws, enter into a public-private
partnership, cooperative agreement, memorandum of understanding, or
similar agreement with a gateway community or a business in a gateway
community.
SEC. 132. <<NOTE: 16 USC 8442.>> IMPROVED RECREATION VISITATION
DATA.
(a) Consistent Visitation Data.--
(1) Annual visitation data.--The Secretaries shall establish
a single visitation data reporting system to report accurate
annual visitation data, in a consistent manner, for--
(A) each unit of Federal recreational lands and
waters; and
(B) land held in trust for an Indian Tribe, on
request of the Indian Tribe.
(2) Categories of use.--Within the visitation data reporting
system established under paragraph (1), the Secretaries shall--
(A) establish multiple categories of different
recreation activities that are reported consistently
across agencies; and
(B) <<NOTE: Estimate.>> provide an estimate of the
number of visitors for each applicable category
established under subparagraph (A) for each unit of
Federal recreational lands and waters.
(b) Real-Time Data Pilot Program.--
(1) <<NOTE: Deadline. Public information.>> In general.--
Not later than 5 years after the date of the enactment of this
title, using existing funds available
[[Page 138 STAT. 2860]]
to the Secretaries, the Secretaries shall carry out a pilot
program, to be known as the ``Real-Time Data Pilot Program''
(referred to in this section as the ``Pilot Program''), to make
available to the public, for each unit of Federal recreational
lands and waters selected for participation in the Pilot Program
under paragraph (2)--
(A) real-time or predictive data on visitation
(including data and resources publicly available from
existing nongovernmental platforms) at--
(i) the unit of Federal recreational lands and
waters;
(ii) to the extent practicable, areas within
the unit of Federal recreational lands and waters;
and
(iii) to the extent practicable, recreation
sites managed by any other Federal agency, a State
agency, or a local agency that are located near
the unit of Federal recreational lands and waters;
and
(B) through multiple media platforms, information
about lesser-known recreation sites located near the
unit of Federal recreational lands and waters (including
recreation sites managed by any other Federal agency, a
State agency, or a local agency), in an effort to
encourage visitation among recreational sites.
(2) Locations.--
(A) Initial number of units.--On establishment of
the Pilot Program, the Secretaries shall select for
participation in the Pilot Program--
(i) 10 units of Federal recreational lands and
waters managed by the Secretary;
(ii) 5 units of Federal recreational lands and
waters managed by the Secretary of Agriculture
(acting through the Chief of the Forest Service);
(iii) 1 unit of Federal recreational lands and
waters managed by the Secretary of Commerce
(acting through the Administrator of the National
Oceanic and Atmospheric Administration); and
(iv) 1 unit of Federal recreational lands and
waters managed by the Assistant Secretary of Army
for Civil Works.
(B) <<NOTE: Recommenda- tions.>> Report.--Not later
than 6 years after the date of the enactment of this
title, the Secretaries shall submit a report to Congress
regarding the implementation of the pilot program,
including policy recommendations to expand the pilot
program to additional units managed by the Secretaries.
(C) Feedback; support of gateway communities.--The
Secretaries shall--
(i) solicit feedback regarding participation
in the Pilot Program from communities adjacent to
units of Federal recreational lands and waters and
the public; and
(ii) in carrying out subparagraphs (A) and
(B), select a unit of Federal recreation lands and
waters to participate in the Pilot Program only if
the community adjacent to the unit of Federal
recreational lands and waters is supportive of the
participation of the
[[Page 138 STAT. 2861]]
unit of Federal recreational lands and waters in
the Pilot Program.
(3) Dissemination of information.--The Secretaries may
disseminate the information described in paragraph (1) directly
or through an entity or organization referred to in subsection
(c).
(4) Inclusion of current assessments.--In carrying out the
Pilot Program, the Secretaries may, to the extent practicable,
rely on assessments completed or data gathered prior to the date
of enactment of this title.
(c) Community Partners and Third-Party Providers.--For purposes of
carrying out this section, the Secretary concerned may--
(1) coordinate and partner with--
(A) communities adjacent to units of Federal
recreational lands and waters;
(B) State and local outdoor recreation and tourism
offices;
(C) local governments;
(D) Indian Tribes;
(E) trade associations;
(F) local outdoor recreation marketing
organizations;
(G) permitted facilitated recreation providers; or
(H) other relevant stakeholders; and
(2) <<NOTE: Contracts.>> coordinate or enter into
agreements, as appropriate, with private sector and nonprofit
partners, including--
(A) technology companies;
(B) geospatial data companies;
(C) experts in data science, analytics, and
operations research; or
(D) data companies.
(d) Existing Programs.--The Secretaries may use existing programs or
products of the Secretaries to carry out this section.
(e) Privacy Clauses.--Nothing in this section provides authority to
the Secretaries--
(1) to monitor or record the movements of a visitor to a
unit of Federal recreational lands and waters;
(2) to restrict, interfere with, or monitor a private
communication of a visitor to a unit of Federal recreational
lands and waters; or
(3) to collect--
(A) information from owners of land adjacent to a
unit of Federal recreational lands and waters; or
(B) information on non-Federal land.
(f) <<NOTE: Time period.>> Reports.--Not later than 1 year after
the date of the enactment of this title, and annually thereafter, the
Secretaries shall publish on a website of the Secretaries a report that
describes the annual visitation of each unit of Federal recreational
lands and waters, including, to the maximum extent practicable,
visitation categorized by recreational activity.
(g) DEFINITIONS.--In this section--
(1) Federal recreational lands and waters.--The term
``Federal recreational lands and waters''--
(A) has the meaning given the term in section 802 of
the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801); and
[[Page 138 STAT. 2862]]
(B) includes Federal lands and waters managed by the
National Oceanic and Atmospheric Administration and the
U.S. Army Corps of Engineers.
(2) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary, with respect to lands under the
jurisdiction of the Secretary;
(B) the Secretary of Agriculture, acting through the
Chief of the Forest Service, with respect to lands under
the jurisdiction of the Forest Service;
(C) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, with respect to Federal waters under the
jurisdiction of the National Oceanic and Atmospheric
Administration; and
(D) the Assistant Secretary of Army for Civil Works,
with respect to lakes and reservoirs under the
jurisdiction of the U.S. Army Corps of Engineers.
SEC. 133. <<NOTE: 16 USC 8443.>> MONITORING FOR IMPROVED
RECREATION DECISION MAKING.
(a) In General.--The Secretaries shall seek to capture comprehensive
recreation use data to better understand and inform decision making by
the Secretaries.
(b) <<NOTE: Deadline. Notice.>> Pilot Protocols.--Not later than 1
year after the date of the enactment of this title, and after public
notice and comment, the Secretaries shall establish pilot protocols at
not fewer than 10 land management units under the jurisdiction of each
of the Secretaries to model recreation use patterns (including low-use
recreation activities and dispersed recreation activities) that may not
be effectively measured by existing general and opportunistic survey and
monitoring protocols.
(c) Secretaries Defined.--In this section, the term ``Secretaries''
means--
(1) the Secretary, with respect to lands under the
jurisdiction of the Secretary;
(2) the Secretary of Agriculture, acting through the Chief
of the Forest Service, with respect to lands under the
jurisdiction of the Forest Service;
(3) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, with respect to Federal waters under the
jurisdiction of the National Oceanic and Atmospheric
Administration; and
(4) the Assistant Secretary of Army for Civil Works, with
respect to lakes and reservoirs under the jurisdiction of the
U.S. Army Corps of Engineers.
Subtitle D--Broadband Connectivity on Federal Recreational Lands and
Waters
SEC. 141. <<NOTE: Deadlines. 16 USC 8451.>> CONNECT OUR PARKS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources of
the Senate;
[[Page 138 STAT. 2863]]
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Natural Resources of the House
of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(2) Broadband internet access service.--The term ``broadband
internet access service'' has the meaning given the term in
section 8.1(b) of title 47, Code of Federal Regulations (or a
successor regulation).
(3) Cellular service.--The term ``cellular service'' has the
meaning given the term in section 22.99 of title 47, Code of
Federal Regulations (or a successor regulation).
(4) National park.--The term ``National Park'' means a unit
of the National Park System.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Assessment.--
(1) In general.--Not later than 1 year after the date of the
enactment of this title, the Secretary shall complete an
assessment of National Parks to identify--
(A) locations in National Parks in which there is
the greatest need for broadband internet access service,
based on the considerations described in paragraph
(2)(A); and
(B) areas in National Parks in which there is the
greatest need for cellular service, based on the
considerations described in paragraph (2)(B).
(2) Considerations.--
(A) Broadband internet access service.--For purposes
of identifying locations in National Parks under
paragraph (1)(A), the Secretary shall consider, with
respect to each National Park, the availability of
broadband internet access service in--
(i) housing;
(ii) administrative facilities and related
structures;
(iii) lodging;
(iv) developed campgrounds; and
(v) any other location within the National
Park in which broadband internet access service is
determined to be necessary by the superintendent
of the National Park.
(B) Cellular service.--For purposes of identifying
areas in National Parks under paragraph (1)(B), the
Secretary shall consider, with respect to each National
Park, the availability of cellular service in any
developed area within the National Park that would
increase--
(i) the access of the public to emergency
services and traveler information technologies; or
(ii) the communications capabilities of
National Park Service employees.
(3) <<NOTE: Web posting.>> Report.--On completion of the
assessment under paragraph (1), the Secretary shall submit to
the appropriate committees of Congress, and make available on
the website of the Department of the Interior, a report
describing the results of the assessment.
(c) Plan.--
[[Page 138 STAT. 2864]]
(1) In general.--Not later than 3 years after the date of
the enactment of this title, the Secretary shall develop a plan,
based on the results of the assessment completed under
subsection (b) and subject to paragraph (4)--
(A) to install broadband internet access service
infrastructure in certain locations in National Parks;
and
(B) to install cellular service equipment and
infrastructure in certain areas of National Parks.
(2) Consultation.--In developing the plan under paragraph
(1), the Secretary shall consult with--
(A) affected Indian Tribes; and
(B) local stakeholders that the superintendent of
the applicable National Park determines to be
appropriate.
(3) Requirements.--The plan developed under paragraph (1)
shall--
(A) provide for avoiding or minimizing impacts to--
(i) National Park viewsheds;
(ii) cultural and natural resources;
(iii) the visitor experience;
(iv) historic properties and the viewsheds of
historic properties; and
(v) other resources or values of the National
Park.
(B) provide for infrastructure providing broadband
internet access service or cellular service to be
located in--
(i) previously disturbed or developed areas;
or
(ii) areas zoned for uses that would support
the infrastructure;
(C) provide for the use of public-private
partnerships--
(i) to install broadband internet access
service or cellular service equipment; and
(ii) to provide broadband internet access
service or cellular service;
(D) be technology neutral; and
(E) in the case of broadband internet access
service, provide for broadband internet access service
of at least--
(i) a 100-Mbps downstream transmission
capacity; and
(ii) a 20-Mbps upstream transmission capacity.
(4) Limitation.--Notwithstanding paragraph (1), a plan
developed under that paragraph shall not be required to address
broadband internet access service or cellular service in any
National Park with respect to which the superintendent of the
National Park determines that there is adequate access to
broadband internet access service or cellular service, as
applicable.
SEC. 142. <<NOTE: 16 USC 8452.>> BROADBAND INTERNET CONNECTIVITY
AT DEVELOPED RECREATION SITES.
(a) <<NOTE: Contracts.>> In General.--The Secretary and the Chief
of the Forest Service shall enter into an agreement with the Secretary
of Commerce to foster the installation or construction of broadband
internet infrastructure at developed recreation sites on Federal
recreational lands and waters to establish broadband internet
connectivity--
(1) subject to the availability of appropriations; and
(2) in accordance with applicable law.
[[Page 138 STAT. 2865]]
(b) <<NOTE: Deadline. Time periods. Public information. Lists.>>
Identification.--Not later than 3 years after the date of the enactment
of this title, and annually thereafter through fiscal year 2031, the
Secretary and the Chief of the Forest Service, in coordination with
States and local communities, shall make publicly available--
(1) a list of the highest priority developed recreation
sites, as determined under subsection (c), on Federal
recreational lands and waters that lack broadband internet;
(2) <<NOTE: Cost estimates.>> to the extent practicable, an
estimate of--
(A) the cost to equip each of those sites with
broadband internet infrastructure; and
(B) the annual cost to operate that infrastructure;
and
(3) a list of potential--
(A) barriers to operating the infrastructure
described in paragraph (2)(A); and
(B) methods to recover the costs of that operation.
(c) Priorities.--In selecting developed recreation sites for the
list described in subsection (b)(1), the Secretary and the Chief of the
Forest Service shall give priority to developed recreation sites--
(1) at which broadband internet infrastructure has not been
constructed due to--
(A) geographic challenges; or
(B) the location having an insufficient number of
nearby permanent residents, despite high seasonal or
daily visitation levels; or
(2) that are located in an economically distressed county
that could benefit significantly from developing the outdoor
recreation economy of the county.
SEC. 143. <<NOTE: 16 USC 8453.>> PUBLIC LANDS TELECOMMUNICATIONS
COOPERATIVE AGREEMENTS.
(a) Cooperative Agreements for the Department of the Interior.--The
Secretary may enter into cooperative agreements to carry out activities
related to communications sites on lands managed by Federal land
management agencies, including--
(1) administering communications use authorizations;
(2) <<NOTE: Assessments. Analyses.>> preparing needs
assessments or other programmatic analyses necessary to
establish communications sites and authorize communications uses
on or adjacent to Federal recreational lands and waters managed
by a Federal land management agency;
(3) <<NOTE: Plans.>> developing management plans for
communications sites on or adjacent to Federal recreational
lands and waters managed by a Federal land management agency on
a competitively neutral, technology neutral, nondiscriminatory
basis;
(4) training for management of communications sites on or
adjacent to Federal recreational lands and waters managed by a
Federal land management agency;
(5) obtaining, improving access to, or establishing
communications sites on or adjacent to Federal recreational
lands and waters managed by a Federal land management agency;
and
(6) any combination of purposes described in subparagraphs
(1) through (5).
[[Page 138 STAT. 2866]]
(b) Clarification of Cooperative Agreement Authority for the Forest
Service.--Section 8705(f) of the Agriculture Improvement Act of 2018 (43
U.S.C. 1761a(f)) is amended by adding at the end the following:
``(6) Cooperative agreement authority.--Subject to the
availability of appropriations made in advance for such
purposes, the Secretary may enter into cooperative agreements to
carry out the activities described in subparagraphs (A) through
(D) of paragraph (4).''.
(c) <<NOTE: Deadline. Evaluation.>> Assessment of Rental Fee
Retention Authority.--Not later than 1 year after the date of the
enactment of this title, the Secretary shall conduct a comprehensive
assessment to evaluate the potential benefits of rental fee retention
whereby any fee collected for the occupancy and use of Federal lands and
waters authorized by a communications use authorization would be
deposited into a special account and used solely for activities related
to communications sites on lands and waters managed by the Secretary.
Subtitle E--Public-Private Parks Partnerships
SEC. 151. AUTHORIZATION FOR LEASE OF FOREST SERVICE ADMINISTRATIVE
SITES.
Section 8623 of the Agriculture Improvement Act of 2018 (16 U.S.C.
580d note; Public Law 115-334) is amended--
(1) in subsection (a)(2)(D), by striking ``dwelling;'' and
inserting ``dwelling or multiunit dwelling;'';
(2) in subsection (c), by striking ``Secretary'' in the
middle of the sentence and inserting ``Chief of the Forest
Service, or their designee'';
(3) in subsection (e)--
(A) in paragraph (3)(B)(ii)--
(i) in subclause (I), by inserting ``such as
housing,'' after ``improvements,'';
(ii) in subclause (II), by striking ``and'' at
the end;
(iii) in subclause (III), by striking ``or''
at the end and inserting ``and''; and
(iv) by adding at the end the following:
``(IV) services occurring off the
administrative site that--
``(aa) occur at another
administrative site in the same
unit in which the administrative
site is located or a different
unit of the National Forest
System;
``(bb) benefit the National
Forest System; and
``(cc) support activities
occurring within the unit of the
National Forest System in which
the administrative site is
located; or''; and
(B) by adding at the end the following:
``(6) Lease term.--
``(A) In general.--The term of a lease of an
administrative site under this section shall be not more
than 100 years.
[[Page 138 STAT. 2867]]
``(B) Reauthorization of use.--A lease of an
administrative site under this section shall include a
provision for reauthorization of the use if the--
``(i) use of the administrative site, at the
time of reauthorization, is still being used for
the purposes authorized;
``(ii) use to be authorized under the new
lease is consistent with the applicable land
management plan; and
``(iii) lessee is in compliance with all the
terms of the existing lease.''
``(C) Savings.--A reauthorization of use under
subparagraph (B) may include new terms in the use, as
determined by the Chief of the Forest Service, or their
designee.'';
(4) in subsection (g), by--
(A) striking ``to a leaseholder'' after
``payments''; and
(B) inserting ``or constructed'' after ``improved'';
and
(5) in subsection (i), by striking ``2023'' each place it
appears and inserting ``2028''.
SEC. 152. PARTNERSHIP AGREEMENTS CREATING TANGIBLE SAVINGS.
Section 101703 of title 54, United States Code, is amended to read
as follows:
``Sec. 101703. Cooperative management agreements
``(a) In General.--To facilitate the administration of the System,
the Secretary, under such terms and conditions as the Secretary
considers advisable, may enter into an agreement with an eligible entity
managing lands and waters located near a System unit to provide for
cooperative management of either a System unit or the lands and waters
located near a System unit to promote more effective and efficient
management of a System unit. The Secretary may not transfer
administration responsibilities for any System unit under this
paragraph.
``(b) <<NOTE: Reimbursements.>> Provision of Goods and Services.--
``(1) In general.--Under a cooperative management agreement,
the Secretary may acquire by purchase, donation, or exchange
from and provide to an eligible entity on a reimbursable basis
goods and services to be used by the Secretary or the eligible
entity in the cooperative management of land and waters.
``(2) Retention of funds.--Reimbursements received under
this section may be credited to the appropriation current at the
time reimbursements are received.
``(c) Co-location.--Under the cooperative management agreement, the
Secretary and an eligible entity may co-locate in offices and facilities
owned or leased by either party.
``(d) Employees.--
``(1) Assignment of employee.--The Secretary may arrange an
assignment under section 3372 of title 5 of a Federal employee
or an employee of an eligible entity as mutually agreed upon,
for work on any Federal, State, local, or Tribal land.
``(2) <<NOTE: Determination.>> Extension of assignment.--
The assignment provided in paragraph (1) may be extended for any
period of time determined by the Secretary and the eligible
entity to be mutually beneficial.
[[Page 138 STAT. 2868]]
``(e) Definitions.--In this section--
``(1) Eligible entity.--The term `eligible entity' means a
State or local entity or any political subdivision thereof, or
an Indian Tribe or Tribal organization.
``(2) Indian tribe.--The term `Indian Tribe' has the meaning
given the term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304(e)).
``(3) State.--The term `State' means each of the several
States, the District of Columbia, and each territory of the
United States.
``(4) Tribal organization.--The term `Tribal organization'
has the meaning given the term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304(1)).''.
SEC. 153. <<NOTE: 16 USC 8461.>> PARTNERSHIP AGREEMENTS TO
MODERNIZE FEDERALLY OWNED CAMPGROUNDS,
RESORTS, CABINS, AND VISITOR CENTERS ON
FEDERAL RECREATIONAL LANDS AND WATERS.
(a) Definitions.--In this section:
(1) Covered activity.--The term ``covered activity'' means--
(A) a capital improvement, including the
construction, reconstruction, and nonroutine maintenance
of any structure, infrastructure, or improvement,
relating to the operation of, or access to, a covered
recreation facility; and
(B) any activity necessary to operate or maintain a
covered recreation facility.
(2) Covered recreation facility.--The term ``covered
recreation facility'' means a federally owned campground,
resort, cabin, or visitor center that is--
(A) in existence on the date of the enactment of
this title; and
(B) located on Federal recreational lands and waters
administered by--
(i) the Chief of the Forest Service; or
(ii) the Director of the Bureau of Land
Management.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of State, Tribal, or local government;
(B) a nonprofit organization; and
(C) a private entity.
(b) Pilot Program.--The Secretaries shall establish a pilot program
under which the Secretary concerned may enter into an agreement with, or
issue or amend a land use authorization to, an eligible entity to allow
the eligible entity to carry out covered activities relating to a
covered recreation facility, subject to the requirements of this section
and the terms of any relevant land use authorization, regardless of
whether the eligible entity holds, on the date of the enactment of this
title, an authorization to be a concessionaire for the covered
recreation facility.
(c) Minimum Number of Agreements or Land Use
Authorizations. <<NOTE: Deadline.>> --Not later than 3 years after the
date of the enactment of this title, the Secretary concerned shall enter
into at least 1 agreement or land use authorization under subsection (b)
in--
[[Page 138 STAT. 2869]]
(1) a unit of the National Forest System in each region of
the National Forest System; and
(2) Federal recreational lands and waters administered by
the Director of the Bureau of Land Management in not fewer than
5 States in which the Bureau of Land Management administers
Federal recreational lands and waters.
(d) Requirements.--
(1) Development plans.--Before entering into an agreement or
issuing a land use authorization under subsection (b), an
eligible entity shall submit to the Secretary concerned a
development plan that--
(A) describes investments in the covered recreation
facility to be made by the eligible entity during the
first 3 years of the agreement or land use
authorization;
(B) describes annual maintenance spending to be made
by the eligible entity for each year of the agreement or
land use authorization; and
(C) includes any other terms and conditions
determined to be necessary or appropriate by the
Secretary concerned.
(2) Agreements and land use authorizations.--An agreement or
land use authorization under subsection (b) shall--
(A) <<NOTE: Time period.>> be for a term of not
more than 30 years, commensurate with the level of
investment;
(B) <<NOTE: Deadline.>> require that, not later
than 3 years after the date on which the Secretary
concerned enters into the agreement or issues or amends
the land use authorization, the applicable eligible
entity shall expend, place in an escrow account for the
eligible entity to expend, or deposit in a special
account in the Treasury for expenditure by the Secretary
concerned, without further appropriation, for covered
activities relating to the applicable covered recreation
facility, an amount or specified percentage, as
determined by the Secretary concerned, which shall be
equal to not less than $500,000, of the anticipated
receipts for the term of the agreement or land use
authorization;
(C) require the eligible entity to operate and
maintain the covered recreation facility and any
associated infrastructure designated by the Secretary
concerned in a manner acceptable to the Secretary
concerned and the eligible entity;
(D) include any terms and conditions that the
Secretary concerned determines to be necessary for a
special use permit issued under section 7 of the Act of
April 24, 1950 (commonly known as the ``Granger-Thye
Act'') (64 Stat. 84, chapter 97; 16 U.S.C. 580d),
including the payment described in subparagraph (E) or
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), as applicable;
(E) <<NOTE: Payment.>> provide for payment to the
Federal Government of a fee or a sharing of revenue--
(i) consistent with--
(I) the land use fee for a special
use permit authorized under section 7 of
the Act of April 24, 1950 (commonly
known as the ``Granger-Thye Act'') (64
Stat. 84, chapter 97; 16 U.S.C. 580d);
or
[[Page 138 STAT. 2870]]
(II) the value to the eligible
entity of the rights provided by the
agreement or land use authorization,
taking into account the capital invested
by, and obligations of, the eligible
entity under the agreement or land use
authorization; and
(ii) all or part of which may be offset by the
work to be performed at the expense of the
eligible entity that is separate from the routine
costs of operating and maintaining the applicable
covered recreation facility and any associated
infrastructure designated by the Secretary
concerned, as determined to be appropriate by the
Secretary concerned;
(F) include provisions stating that--
(i) the eligible entity shall obtain no
property interest in the covered recreation
facility pursuant to the expenditures of the
eligible entity, as required by the agreement or
land use authorization;
(ii) all structures and other improvements
constructed, reconstructed, or nonroutinely
maintained by that entity under the agreement or
land use authorization on land owned by the United
States shall be the property of the United States;
and
(iii) the eligible entity shall be solely
responsible for any cost associated with the
decommissioning or removal of a capital
improvement, if needed, at the conclusion of the
agreement or land use authorization; and
(G) be subject to any other terms and conditions
determined to be necessary or appropriate by the
Secretary concerned.
(e) Land Use Fee Retention.--A land use fee paid or revenue shared
with the Secretary concerned under an agreement or land use
authorization under this section shall be available for expenditure by
the Secretary concerned for recreation-related purposes on the unit or
area of Federal recreational lands and waters at which the land use fee
or revenue is collected, without further appropriation.
SEC. 154. <<NOTE: 16 USC 8462.>> PARKING AND RESTROOM
OPPORTUNITIES FOR FEDERAL RECREATIONAL
LANDS AND WATERS.
(a) Parking Opportunities.--
(1) In general.--The Secretaries shall seek to increase and
improve parking opportunities for persons recreating on Federal
recreational lands and waters--
(A) in accordance with existing laws and applicable
land use plans;
(B) in a manner that minimizes any increase in
maintenance obligations on Federal recreational lands
and waters; and
(C) in a manner that does not impact wildlife
habitat that is critical to the mission of a Federal
agency responsible for managing Federal recreational
lands and waters.
(2) Authority.--To supplement the quantity of parking spaces
available at units of Federal recreational lands and waters on
the date of the enactment of this title, the Secretaries may--
[[Page 138 STAT. 2871]]
(A) enter into a public-private partnership for
parking opportunities on non-Federal land;
(B) enter into contracts or agreements with State,
Tribal, or local governments for parking opportunities
using non-Federal lands and resources; or
(C) provide alternative transportation systems for a
unit of Federal recreational lands and waters.
(b) Restroom Opportunities.--
(1) In general.--The Secretaries shall seek to increase and
improve the function, cleanliness, and availability of restroom
facilities for persons recreating on Federal recreational lands
and waters, including by entering into partnerships with non-
Federal partners, including State, Tribal, and local governments
and volunteer organizations.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretaries shall submit a report to
Congress that identifies--
(A) challenges to maintaining or improving the
function, cleanliness, and availability of restroom
facilities on Federal recreational lands and waters;
(B) the current state of restroom facilities on
Federal recreational lands and waters and the effect
restroom facilities have on visitor experiences; and
(C) policy recommendations that suggest innovative
new models or partnerships to increase or improve the
function, cleanliness, and availability of restroom
facilities for persons recreating on Federal
recreational lands and waters.
SEC. 155. <<NOTE: 16 USC 8463.>> PAY-FOR-PERFORMANCE PROJECTS.
(a) Definitions.--In this section:
(1) Independent evaluator.--The term ``independent
evaluator'' means an individual or entity, including an
institution of higher education, that is selected by the pay-
for-performance beneficiary and pay-for-performance investor, as
applicable, or by the pay-for-performance project developer, in
consultation with the Secretary of Agriculture, to make the
determinations and prepare the reports required under subsection
(e).
(2) National forest system land.--The term ``National Forest
System land'' means land in the National Forest System (as
defined in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
(3) Pay-for-performance agreement.--The term ``pay-for-
performance agreement'' means a mutual benefit agreement
(excluding a procurement contract, grant agreement, or
cooperative agreement described in chapter 63 of title 31,
United States Code) for a pay-for-performance project--
(A) with a term of--
(i) not less than 1 year; and
(ii) not more than 20 years; and
(B) that is executed, in accordance with applicable
law, by--
(i) the Secretary of Agriculture; and
(ii) a pay-for-performance beneficiary or pay-
for-performance project developer.
[[Page 138 STAT. 2872]]
(4) Pay-for-performance beneficiary.--The term ``pay-for-
performance beneficiary'' means a State or local government, an
Indian Tribe, or a nonprofit or for-profit organization that--
(A) repays capital loaned upfront by a pay-for-
performance investor, based on a project outcome
specified in a pay-for-performance agreement; or
(B) provides capital directly for costs associated
with a pay-for-performance project.
(5) Pay-for-performance investor.--The term ``pay-for-
performance investor'' means a State or local government, an
Indian Tribe, or a nonprofit or for-profit organization that
provides upfront loaned capital for a pay-for-performance
project with the expectation of a financial return dependent on
a project outcome.
(6) Pay-for-performance project.--The term ``pay-for-
performance project'' means a project that--
(A) would provide or enhance a recreational
opportunity;
(B) is conducted on--
(i) National Forest System land; or
(ii) other land, if the activities would
benefit National Forest System land (including a
recreational use of National Forest System land);
and
(C) would use an innovative funding or financing
model that leverages--
(i) loaned capital from a pay-for-performance
investor to cover upfront costs associated with a
pay-for-performance project, with the loaned
capital repaid by a pay-for-performance
beneficiary at a rate of return dependent on a
project outcome, as measured by an independent
evaluator; or
(ii) capital directly from a pay-for-
performance beneficiary to support costs
associated with a pay-for-performance project in
an amount based on an anticipated project outcome.
(7) Pay-for-performance project developer.--The term ``pay-
for-performance project developer'' means a nonprofit or for-
profit organization that serves as an intermediary to assist in
developing or implementing a pay-for-performance agreement or a
pay-for-performance project.
(8) Project outcome.--The term ``project outcome'' means a
measurable, beneficial result (whether economic, environmental,
or social) that is attributable to a pay-for-performance project
and described in a pay-for-performance agreement.
(b) Establishment of Pilot Program.--The Secretary of Agriculture
shall establish a pilot program in accordance with this section to carry
out 1 or more pay-for-performance projects.
(c) Pay-for-Performance Projects.--
(1) In general.--Using funds made available through a pay-
for-performance agreement or appropriations, all or any portion
of a pay-for-performance project may be implemented by--
(A) the Secretary of Agriculture; or
(B) a pay-for-performance project developer or a
third party, subject to the conditions that--
[[Page 138 STAT. 2873]]
(i) the Secretary of Agriculture shall approve
the implementation by the pay-for-performance
project developer or third party; and
(ii) the implementation is in accordance with
applicable law.
(2) Relation to land management plans.--A pay-for-
performance project carried out under this section shall be
consistent with any applicable land management plan developed
under section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604).
(3) Ownership.--
(A) New improvements.--The United States shall have
title to any improvements installed on National Forest
System land as part of a pay-for-performance project.
(B) Existing improvements.--Investing in,
conducting, or completing a pay-for-performance project
on National Forest System land shall not affect the
title of the United States to--
(i) any federally owned improvements involved
in the pay-for-performance project; or
(ii) the underlying land.
(4) Savings clause.--The carrying out of any action for a
pay-for-performance project does not provide any right to any
party to a pay-for-performance agreement.
(5) Potential conflicts.--Before approving a pay-for-
performance project under this section, the Secretary of
Agriculture shall consider and seek to avoid potential conflicts
(including economic competition) with any existing written
authorized use.
(d) Project Agreements.--
(1) In general.--Notwithstanding the Act of June 30, 1914
(38 Stat. 430, chapter 131; 16 U.S.C. 498), or subtitle C of
title XX of the Social Security Act (42 U.S.C. 1397n et seq.),
in carrying out the pilot program under this section, the
Secretary of Agriculture may enter into a pay-for-performance
agreement under which a pay-for-performance beneficiary, pay-
for-performance investor, or pay-for-performance project
developer agrees to pay for or finance all or part of a pay-for-
performance project.
(2) Size limitation.--The Secretary of Agriculture may not
enter into a pay-for-performance agreement under the pilot
program under this section for a pay-for-performance project
valued at more than $15,000,000.
(3) Financing.--
(A) <<NOTE: Determination.>> In general.--A pay-
for-performance agreement shall specify the amounts that
a pay-for-performance beneficiary or a pay-for-
performance project developer agrees to pay to a pay-
for-performance investor or a pay-for-performance
project developer, as appropriate, in the event of an
independent evaluator determining pursuant to subsection
(e) the degree to which a project outcome has been
achieved.
(B) Eligible payments.--An amount described in
subparagraph (A) shall be--
(i) based on--
(I) the respective contributions of
the parties under the pay-for-
performance agreement; and
[[Page 138 STAT. 2874]]
(II) the economic, environmental, or
social benefits derived from the project
outcomes; and
(ii)(I) a percentage of the estimated value of
a project outcome;
(II) a percentage of the estimated cost
savings to the pay-for-performance beneficiary or
the Secretary of Agriculture derived from a
project outcome;
(III) a percentage of the enhanced revenue to
the pay-for-performance beneficiary or the
Secretary of Agriculture derived from a project
outcome; or
(IV) a percentage of the cost of the pay-for-
performance project.
(C) Forest service financial assistance.--Subject to
the availability of appropriations, the Secretary of
Agriculture may contribute funding for a pay-for-
performance project only if--
(i) the Secretary of Agriculture demonstrates
that--
(I) the pay-for-performance project
would provide a cost savings to the
United States;
(II) the funding would accelerate
the pace of implementation of an
activity previously planned to be
completed by the Secretary of
Agriculture; or
(III) the funding would accelerate
the scale of implementation of an
activity previously planned to be
completed by the Secretary of
Agriculture; and
(ii) the contribution of the Secretary of
Agriculture has a value that is not more than 50
percent of the total cost of the pay-for-
performance project.
(D) Special account.--Any funds received by the
Secretary of Agriculture under subsection (c)(1)--
(i) shall be retained in a separate fund in
the Treasury to be used solely for pay-for-
performance projects; and
(ii) shall remain available until expended and
without further appropriation.
(4) Maintenance and decommissioning of pay-for-performance
project improvements.--A pay-for-performance agreement shall--
(A) <<NOTE: Plan.>> include a plan for maintaining
any capital improvement constructed as part of a pay-
for-performance project after the date on which the pay-
for-performance project is completed; and
(B) specify the party that will be responsible for
decommissioning the improvements associated with the
pay-for-performance project--
(i) at the end of the useful life of the
improvements;
(ii) if the improvements no longer serve the
purpose for which the improvements were developed;
or
(iii) if the pay-for-performance project
fails.
(5) Termination of pay-for-performance project agreements.--
<<NOTE: Notice.>> The Secretary of Agriculture may unilaterally
terminate a pay-for-performance agreement, in whole or in part,
for any program year beginning after the program year during
[[Page 138 STAT. 2875]]
which the Secretary of Agriculture provides to each party to the
pay-for-performance agreement a notice of the termination.
(e) <<NOTE: Determinations.>> Independent Evaluations.--
(1) <<NOTE: Summaries.>> Progress reports.--An independent
evaluator shall submit to the Secretary of Agriculture and each
party to the applicable pay-for-performance agreement--
(A) <<NOTE: Time period.>> by not later than 2
years after the date on which the pay-for-performance
agreement is executed, and at least once every 2 years
thereafter, a written report that summarizes the
progress that has been made in achieving each project
outcome; and
(B) before the first scheduled date for a payment
described in subsection (d)(3)(A), and each subsequent
date for payment, a written report that--
(i) summarizes the results of the evaluation
conducted by the independent evaluator to
determine whether a payment should be made
pursuant to the pay-for-performance agreement; and
(ii) <<NOTE: Analysis.>> analyzes the reasons
why a project outcome was achieved or was not
achieved.
(2) Final reports.--Not later than 180 days after the date
on which a pay-for-performance project is completed, the
independent evaluator shall submit to the Secretary of
Agriculture and each party to the pay-for-performance agreement
a written report that includes, with respect to the period
covered by the report--
(A) an evaluation of the effects of the pay-for-
performance project with respect to each project
outcome;
(B) a determination of whether the pay-for-
performance project has met each project outcome; and
(C) <<NOTE: Payments.>> the amount of the payments
made for the pay-for-performance project pursuant to
subsection (d)(3)(A).
(f) Additional Forest Service-Provided Assistance.--
(1) Technical assistance.--The Secretary of Agriculture may
provide technical assistance to facilitate pay-for-performance
project development, such as planning, permitting, site
preparation, and design work.
(2) <<NOTE: Analyses.>> Consultants.--Subject to the
availability of appropriations, the Secretary of Agriculture may
hire a contractor--
(A) to conduct a feasibility analysis of a proposed
pay-for-performance project;
(B) <<NOTE: Evaluation.>> to assist in the
development, implementation, or evaluation of a proposed
pay-for-performance project or a pay-for-performance
agreement; or
(C) to assist with an environmental analysis of a
proposed pay-for-performance project.
(g) <<NOTE: Approvals.>> Savings Clause.--The Secretary of
Agriculture shall approve a record of decision, decision notice, or
decision memo for any activities to be carried out on National Forest
System land as part of a pay-for-performance project before the
Secretary of Agriculture may enter into a pay-for-performance agreement
involving the applicable pay-for-performance project.
(h) Duration of Pilot Program.--
(1) Sunset.--The authority to enter into a pay-for-
performance agreement under this section terminates on the date
that is 7 years after the date of the enactment of this title.
[[Page 138 STAT. 2876]]
(2) Savings clause.--Nothing in paragraph (1) affects any
pay-for-performance project agreement entered into by the
Secretary of Agriculture under this section before the date
described in that paragraph.
SEC. 156. <<NOTE: 16 USC 8464.>> OUTDOOR RECREATION LEGACY
PARTNERSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity or combination of entities that represents or otherwise
serves a qualifying area.
(2) Eligible nonprofit organization.--The term ``eligible
nonprofit organization'' means an organization that is described
in section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(3) Entity.--The term ``entity'' means--
(A) a State;
(B) a political subdivision of a State, including--
(i) a city;
(ii) a county; or
(iii) a special purpose district that manages
open space, including a park district; and
(C) an Indian Tribe, urban Indian organization, or
Alaska Native or Native Hawaiian community or
organization.
(4) Low-income community.--The term ``low-income community''
has the same meaning given that term in 26 U.S.C. 45D(e)(1).
(5) Outdoor recreation legacy partnership program.--The term
``Outdoor Recreation Legacy Partnership Program'' means the
program codified under subsection (b)(1).
(6) Qualifying area.--The term ``qualifying area'' means--
(A) an urbanized area or urban cluster that has a
population of 25,000 or more in the most recent census;
(B) 2 or more adjacent urban clusters with a
combined population of 25,000 or more in the most recent
census; or
(C) an area administered by an Indian Tribe or an
Alaska Native or Native Hawaiian community organization.
(b) Grants Authorized.--
(1) Codification of program.--
(A) In general.--There is established an existing
program, to be known as the ``Outdoor Recreation Legacy
Partnership Program'', under which the Secretary may
award grants to eligible entities for projects--
(i) to acquire land and water for parks and
other outdoor recreation purposes in qualifying
areas; and
(ii) to develop new or renovate existing
outdoor recreation facilities that provide outdoor
recreation opportunities to the public in
qualifying areas.
(B) Priority.--In awarding grants to eligible
entities under subparagraph (A), the Secretary shall
give priority to projects that--
(i) create or significantly enhance access to
park and recreational opportunities in a
qualifying area;
(ii) engage and empower low-income communities
and youth;
[[Page 138 STAT. 2877]]
(iii) provide employment or job training
opportunities for youth or low-income communities;
(iv) establish or expand public-private
partnerships, with a focus on leveraging
resources; and
(v) take advantage of coordination among
various levels of government.
(2) Matching requirement.--
(A) In general.--As a condition of receiving a grant
under paragraph (1), an eligible entity shall provide
matching funds in the form of cash or an in-kind
contribution in an amount equal to not less than 100
percent of the amounts made available under the grant.
(B) Administrative expenses.--Not more than 7
percent of funds provided to an eligible entity under a
grant awarded under paragraph (1) may be used for
administrative expenses.
(3) Considerations.--In awarding grants to eligible entities
under paragraph (1), the Secretary shall consider the extent to
which a project would--
(A) provide recreation opportunities in low-income
communities in which access to parks is not adequate to
meet local needs;
(B) provide opportunities for outdoor recreation and
public land volunteerism;
(C) support innovative or cost-effective ways to
enhance parks and other recreation--
(i) opportunities; or
(ii) delivery of services;
(D) support park and recreation programming provided
by local governments, including cooperative agreements
with community-based eligible nonprofit organizations;
(E) develop Native American event sites and cultural
gathering spaces;
(F) provide benefits such as community resilience,
reduction of urban heat islands, enhanced water or air
quality, or habitat for fish or wildlife; and
(G) facilitate any combination of purposes listed in
subparagraphs (A) through (F).
(4) Eligible uses.--
(A) In general.--Subject to subparagraph (B), an
eligible entity may use a grant awarded under paragraph
(1) for a project described in subparagraph (A) or (B)
of that paragraph.
(B) Limitations on use.--An eligible entity may not
use grant funds for--
(i) incidental costs related to land
acquisition, including appraisal and titling;
(ii) operation and maintenance activities;
(iii) facilities that support semiprofessional
or professional athletics;
(iv) indoor facilities, such as recreation
centers or facilities that support primarily
nonoutdoor purposes; or
(v) acquisition of land or interests in land
that restrict public access.
(C) Conversion to other than public outdoor
recreation use.--
[[Page 138 STAT. 2878]]
(i) In general.--No property acquired or
developed with assistance under this section
shall, without the approval of the Secretary, be
converted to other than public outdoor recreation
use.
(ii) Condition for approval.--The Secretary
shall approve a conversion only if the Secretary
finds it to be in accordance with the then-
existing comprehensive Statewide outdoor
recreation plan and only on such conditions as the
Secretary considers necessary to ensure the
substitution of other recreation properties of at
least equal fair market value and of reasonably
equivalent usefulness and location.
(iii) Wetland areas and interests therein.--
Wetland areas and interests therein as identified
in the wetlands provisions of the comprehensive
plan and proposed to be acquired as suitable
replacement property within the same State that is
otherwise acceptable to the Secretary, acting
through the Director of the National Park Service,
shall be deemed to be of reasonably equivalent
usefulness with the property proposed for
conversion.
(c) Review and Evaluation Requirements.--In carrying out the Outdoor
Recreation Legacy Partnership Program, the Secretary shall--
(1) conduct an initial screening and technical review of
applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate
information to eligible entities (including low-income
communities and eligible entities serving low-income
communities) on--
(A) the opportunity to apply for grants under this
section;
(B) the application procedures by which eligible
entities may apply for grants under this section; and
(C) eligible uses for grants under this section.
(d) Reporting.--
(1) Annual reports.--Not later than 30 days after the last
day of each report period, each State-lead agency that receives
a grant under this section shall annually submit to the
Secretary performance and financial reports that--
(A) <<NOTE: Summary.>> summarize project activities
conducted during the report period; and
(B) <<NOTE: Status.>> provide the status of the
project.
(2) Final reports.--Not later than 90 days after the earlier
of the date of expiration of a project period or the completion
of a project, each State-lead agency that receives a grant under
this section shall submit to the Secretary a final report
containing such information as the Secretary may require.
SEC. 157. AMERICAN BATTLEFIELD PROTECTION PROGRAM ENHANCEMENT.
(a) Definitions.--Section 308101 of title 54, United States Code, is
amended to read as follows:
``Sec. 308101. Definitions
``In this chapter:
[[Page 138 STAT. 2879]]
``(1) Secretary.--The term `Secretary' means the Secretary,
acting through the American Battlefield Protection Program.
``(2) Battlefield reports.--The term `Battlefield Reports'
means, collectively--
``(A) the document entitled `Report on the Nation's
Civil War Battlefields', prepared by the Civil War Sites
Advisory Commission, and dated July 1993; and
``(B) the document entitled `Report to Congress on
the Historic Preservation of Revolutionary War and War
of 1812 Sites in the United States', prepared by the
National Park Service, and dated September 2007.''.
(b) Preservation Assistance.--Section 308102(a) of title 54, United
States Code, is amended by striking ``Federal'' and all that follows
through ``organizations'' and inserting ``Federal agencies, States,
Tribes, local governments, other public entities, educational
institutions, and nonprofit organizations''.
(c) Battlefield Land Acquisition Grants Improvements.--Section
308103 of title 54, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Eligible Site Defined.--In this section, the term `eligible
site'--
``(1) means a site that--
``(A) is not within the exterior boundaries of a
unit of the National Park System; and
``(B) is identified in the Battlefield Reports as a
battlefield; and
``(2) excludes sites identified in the Battlefield Reports
as associated historic sites.'';
(2) in subsection (b), by striking ``State and local
governments'' and inserting ``States, Tribes, local governments,
and nonprofit organizations'';
(3) in subsection (c), by striking ``State or local
government'' and inserting ``State, Tribe, or local
government''; and
(4) in subsection (e), by striking ``under this section''
and inserting ``under this section, including by States, Tribes,
local governments, and nonprofit organizations,''.
(d) Battlefield Restoration Grants Improvements.--Section 308105 of
title 54, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Establishment.--The Secretary shall establish a battlefield
restoration grant program (referred to in this section as the `program')
under which the Secretary may provide grants to States, Tribes, local
governments, and nonprofit organizations for projects that restore day-
of-battle conditions on--
``(1) land preserved and protected under the battlefield
acquisition grant program established under section 308103(b);
or
``(2) battlefield land that is--
``(A) owned by a State, Tribe, local government, or
nonprofit organization; and
``(B) referred to in the Battlefield Reports.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Eligible Sites.--The Secretary may make grants under this
section for Revolutionary War, War of 1812, and Civil War battlefield
sites--
[[Page 138 STAT. 2880]]
``(1) eligible for assistance under the battlefield
acquisition grant program established under section 308103(b);
or
``(2) on battlefield land that is--
``(A) owned by a State, Tribe, local government, or
nonprofit organization; and
``(B) referred to in battlefield reports.''.
(e) Updates and Improvements.--Chapter 3081 of title 54, United
States Code, is amended by adding at the end the following:
``Sec. 308106. <<NOTE: 54 USC 308106.>> Updates and improvements
to Battlefield Reports
``Not <<NOTE: Time period. Reports.>> later than 2 years after the
date of the enactment of this section, and every 10 years thereafter,
the Secretary shall submit to Congress a report that updates the
Battlefield Reports to reflect--
``(1) preservation activities carried out at the
battlefields in the period since the publication of the most
recent Battlefield Reports update;
``(2) changes in the condition, including core and study
areas, of the battlefields during that period; and
``(3) any other relevant developments relating to the
battlefields during that period.''.
(f) Clerical Amendment.--The table of sections for chapter 3081 of
title 54, United States Code, <<NOTE: 54 USC prec. 308101.>> is amended
as follows:
(1) By amending the item relating to section 308101 to read
as follows: ``308101. Definitions.''.
(2) By adding at the end the following: ``308106. Updates
and improvements to Battlefield Reports.''.
TITLE II--ACCESS AMERICA
SEC. 201. <<NOTE: 16 USC 8471.>> DEFINITIONS.
In this title:
(1) Accessible trail.--The term ``accessible trail'' means a
trail that meets the requirements for a trail under the
Architectural Barriers Act accessibility guidelines.
(2) Architectural barriers act accessibility guidelines.--
The term ``Architectural Barriers Act accessibility guidelines''
means the accessibility guidelines set forth in appendices C and
D to part 1191 of title 36, Code of Federal Regulations (or
successor regulations).
(3) Assistive technology.--The term ``assistive technology''
means any item, piece of equipment, or product system, whether
acquired commercially, modified, or customized, that is used to
increase, maintain, or improve functional capabilities of
individuals with disabilities, particularly with participating
in outdoor recreation activities.
(4) Gold star family member.--The term ``Gold Star Family
member'' means an individual described in section 3.3 of
Department of Defense Instruction 1348.36.
(5) Outdoor constructed feature.--The term ``outdoor
constructed feature'' has the meaning given such term in
appendix C to part 1191 of title 36, Code of Federal Regulations
(or successor regulations).
(6) Veterans organization.--The term ``veterans
organization'' means a service provider with outdoor recreation
[[Page 138 STAT. 2881]]
experience that serves members of the Armed Forces, veterans, or
Gold Star Family members.
Subtitle A--Access for People With Disabilities
SEC. 211. <<NOTE: Deadlines. 16 USC 8481.>> ACCESSIBLE RECREATION
INVENTORY.
(a) Assessment.--Not later than 5 years after the date of the
enactment of this title, the Secretary concerned shall--
(1) <<NOTE: Determination.>> carry out a comprehensive
assessment of outdoor recreation facilities on Federal
recreational lands and waters under the jurisdiction of the
respective Secretary concerned to determine the accessibility of
such outdoor recreation facilities, consistent with the
Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and
section 504 of the Rehabilitation Act (29 U.S.C. 794),
including--
(A) camp shelters, camping facilities, and camping
units;
(B) boat launch ramps;
(C) hunting, fishing, shooting, or archery ranges or
locations;
(D) outdoor constructed features;
(E) picnic facilities and picnic units; and
(F) any other outdoor recreation facilities, as
determined by the Secretary concerned; and
(2) <<NOTE: Public information. Web posting.>> make
information about such opportunities available (including
through the use of prominently displayed links) on public
websites of--
(A) each of the Federal land management agencies;
and
(B) each relevant unit and subunit of the Federal
land management agencies.
(b) Inclusion of Current Assessments.--As part of the comprehensive
assessment required under subsection (a)(1), to the extent practicable,
the Secretary concerned may rely on assessments completed or data
gathered prior to the date of the enactment of this title.
(c) Public Information.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned shall identify
opportunities to create, update, or replace signage and other publicly
available information, including web page information, related to
accessibility and consistent with the Architectural Barriers Act of 1968
(42 U.S.C. 4151 et seq.) and section 504 of the Rehabilitation Act (29
U.S.C. 794) at outdoor recreation facilities covered by the assessment
required under subsection (a)(1).
SEC. 212. <<NOTE: 16 USC 8482.>> TRAIL INVENTORY.
(a) <<NOTE: Deadline.>> Assessment.--Not later than 7 years after
the date of the enactment of this title, the Secretary concerned shall--
(1) conduct a comprehensive assessment of high-priority
trails, in accordance with subsection (b), on Federal
recreational lands and waters under the jurisdiction of the
respective Secretary concerned, including measuring each
trail's--
(A) average and minimum tread width;
(B) average and maximum running slope;
(C) average and maximum cross slope;
[[Page 138 STAT. 2882]]
(D) tread type; and
(E) length; and
(2) <<NOTE: Public information. Web posting.>> make
information about such high-priority trails available (including
through the use of prominently displayed links) on public
websites of--
(A) each of the Federal land management agencies;
and
(B) each relevant unit and subunit of the Federal
land management agencies.
(b) Selection.--The Secretary concerned shall select high-priority
trails to be assessed under subsection (a)(1)--
(1) in consultation with stakeholders, including veterans
organizations and organizations with expertise or experience
providing outdoor recreation opportunities to individuals with
disabilities;
(2) in a geographically equitable manner; and
(3) in no fewer than 15 units or subunits managed by the
Secretary concerned.
(c) Inclusion of Current Assessments.--As part of the assessment
required under subsection (a)(1), the Secretary concerned may, to the
extent practicable, rely on assessments completed or data gathered prior
to the date of the enactment of this title.
(d) Public Information.--
(1) <<NOTE: Deadline.>> In general.--Not later than 7 years
after the date of the enactment of this title, the Secretary
concerned shall identify opportunities to replace signage and
other publicly available information, including web page
information, related to such high-priority trails and consistent
with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) and section 504 of the Rehabilitation Act (29 U.S.C. 794)
at high-priority trails covered by the assessment required under
subsection (a)(1).
(2) Tread obstacles.--As part of the assessment required
under subsection (a)(1), the Secretary may, to the extent
practicable, include photographs or descriptions of tread
obstacles and barriers.
(e) <<NOTE: Public information.>> Assistive Technology
Specification.--In publishing information about each trail under this
subsection, the Secretary concerned shall make public information about
trails that do not meet the Architectural Barriers Act accessibility
guidelines but could otherwise provide outdoor recreation opportunities
to individuals with disabilities through the use of certain assistive
technology.
SEC. 213. <<NOTE: 16 USC 8483.>> TRAIL PILOT PROGRAM.
(a) <<NOTE: Deadline.>> In General.--Not later than 2 years after
the date of the enactment of this title, the Secretary concerned shall
carry out a pilot program to enter into partnerships with eligible
entities to--
(1) measure high-priority trails as part of the assessment
required under section 212;
(2) develop accessible trails under section 214; and
(3) make minor modifications to existing trails to enhance
recreational experiences for individuals with disabilities using
assistive technology--
[[Page 138 STAT. 2883]]
(A) in compliance with all applicable land use and
management plans of the Federal recreational lands and
waters on which the accessible trail is located; and
(B) in consultation with stakeholders, including
veterans organizations and organizations with expertise
or experience providing outdoor recreation opportunities
to individuals with disabilities.
(b) Locations.--
(1) In general.--The Secretary concerned shall select no
fewer than 5 units or subunits under the jurisdiction of the
respective Secretary concerned to carry out the pilot program
established under subsection (a).
(2) Special rule of construction for the department of the
interior.--In selecting the locations of the pilot program, the
Secretary shall ensure that the pilot program is carried out in
at least one unit managed by the--
(A) National Park Service;
(B) Bureau of Land Management; and
(C) United States Fish and Wildlife Service.
(c) Sunset.--The pilot program established under this subsection
shall terminate on the date that is 7 years after the date of the
enactment of this title.
SEC. 214. <<NOTE: 16 USC 8484.>> ACCESSIBLE TRAILS.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of the enactment of this title, the Secretary concerned shall
select a location or locations to develop at least 3 new accessible
trails--
(1) on National Forest System lands in each region of the
Forest Service;
(2) on land managed by the National Park Service in each
region of the National Park Service;
(3) on land managed by the Bureau of Land Management in each
region of the Bureau of Land Management; and
(4) on land managed by the United States Fish and Wildlife
Service in each region of the United States Fish and Wildlife
Service.
(b) Development.--In developing an accessible trail under subsection
(a), the Secretary concerned--
(1) may--
(A) create a new accessible trail;
(B) modify an existing trail into an accessible
trail; or
(C) create an accessible trail from a combination of
new and existing trails; and
(2) shall--
(A) <<NOTE: Consultation.>> consult with
stakeholders with respect to the feasibility and
resources necessary for completing the accessible trail;
(B) <<NOTE: Compliance.>> ensure the accessible
trail complies with the Architectural Barriers Act of
1968 (42 U.S.C. 4151 et seq.) and section 504 of the
Rehabilitation Act (29 U.S.C. 794); and
(C) to the extent practicable, ensure that outdoor
constructed features supporting the accessible trail,
including trail bridges, parking spaces, and restroom
facilities, meet the requirements of the Architectural
Barriers Act of 1968
[[Page 138 STAT. 2884]]
(42 U.S.C. 4151 et seq.) and section 504 of the
Rehabilitation Act (29 U.S.C. 794).
(c) <<NOTE: Deadline.>> Completion.--Not later than 7 years after
the date of the enactment of this title, the Secretary concerned, in
coordination with stakeholders described under subsection (b)(2), shall
complete each accessible trail developed under subsection (a).
(d) Maps, Signage, and Promotional Materials.--For each accessible
trail developed under subsection (a), the Secretary concerned shall--
(1) <<NOTE: Publication.>> publish and distribute maps and
install signage, consistent with Architectural Barriers Act of
1968 accessibility guidelines and section 508 of the
Rehabilitation Act (29 U.S.C. 794d); and
(2) coordinate with stakeholders to leverage any non-Federal
resources necessary for the development, stewardship,
completion, or promotion of the accessible trail.
(e) Conflict Avoidance With Other Uses.--In developing each
accessible trail under subsection (a), the Secretary concerned shall
ensure that the accessible trail--
(1) minimizes conflict with--
(A) the uses in effect before the date of the
enactment of this title with respect to any trail that
is part of that accessible trail;
(B) multiple-use areas where biking, hiking,
horseback riding, off-highway vehicle recreation, or use
by pack and saddle stock are existing uses on the date
of the enactment of this title; or
(C) the purposes for which any trail is established
under the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(2) <<NOTE: Compliance.>> complies with all applicable land
use and management plans of the Federal recreational lands and
waters on which the accessible trail is located.
(f) <<NOTE: Publications.>> Reports.--
(1) <<NOTE: Time period.>> Interim report.--Not later than
3 years after the date of the enactment of this title, the
Secretary concerned, in coordination with stakeholders and other
interested organizations, shall prepare and publish an interim
report that lists the accessible trails developed under this
section during the previous 3 years.
(2) Final report.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned, in
coordination with stakeholders and other interested
organizations, shall prepare and publish a final report that
lists the accessible trails developed under this section.
SEC. 215. <<NOTE: 16 USC 8485.>> ACCESSIBLE RECREATION
OPPORTUNITIES.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of the enactment of this title, the Secretary concerned shall
select a location to develop at least 2 new accessible recreation
opportunities--
(1) on National Forest System lands in each region of the
Forest Service;
(2) on land managed by the National Park Service in each
region of the National Park Service;
(3) on land managed by the Bureau of Land Management in each
region of the Bureau of Land Management; and
[[Page 138 STAT. 2885]]
(4) on land managed by the United States Fish and Wildlife
Service in each region of the United States Fish and Wildlife
Service.
(b) Development.--In developing an accessible recreation opportunity
under subsection (a), the Secretary concerned--
(1) may--
(A) create a new accessible recreation opportunity;
or
(B) modify an existing recreation opportunity into
an accessible recreation opportunity; and
(2) shall--
(A) <<NOTE: Consultation.>> consult with
stakeholders with respect to the feasibility and
resources necessary for completing the accessible
recreation opportunity;
(B) <<NOTE: Compliance.>> ensure the accessible
recreation opportunity complies with the Architectural
Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and
section 504 of the Rehabilitation Act (29 U.S.C. 794);
and
(C) to the extent practicable, ensure that outdoor
constructed features supporting the accessible
recreation opportunity, including trail bridges, parking
spaces and restroom facilities, meet the requirements of
the Architectural Barriers Act of 1968 and section 504
of the Rehabilitation Act (29 U.S.C. 794).
(c) Accessible Recreation Opportunities.--The accessible recreation
opportunities developed under subsection (a) may include improving
accessibility or access to--
(1) camp shelters, camping facilities, and camping units;
(2) hunting, fishing, shooting, or archery ranges or
locations;
(3) snow activities, including skiing and snowboarding;
(4) water activities, including kayaking, paddling,
canoeing, and boat launch ramps;
(5) rock climbing;
(6) biking;
(7) off-highway vehicle recreation;
(8) picnic facilities and picnic units;
(9) outdoor constructed features; and
(10) any other new or existing recreation opportunities
identified in consultation with stakeholders under subsection
(b)(2) and consistent with the applicable land management plan.
(d) <<NOTE: Deadline.>> Completion.--Not later than 7 years after
the date of the enactment of this title, the Secretary concerned, in
coordination with stakeholders consulted with under subsection (b)(2),
shall complete each accessible recreation opportunity developed under
subsection (a).
(e) Maps, Signage, and Promotional Materials.--For each accessible
recreation opportunity developed under subsection (a), the Secretary
concerned shall--
(1) <<NOTE: Publication.>> publish and distribute maps and
install signage, consistent with Architectural Barriers Act
accessibility guidelines and section 508 of the Rehabilitation
Act (29 U.S.C. 794d); and
(2) coordinate with stakeholders to leverage any non-Federal
resources necessary for the development, stewardship,
completion, or promotion of the accessible trail.
[[Page 138 STAT. 2886]]
(f) Conflict Avoidance With Other Uses.--In developing each
accessible recreation opportunity under subsection (a), the Secretary
concerned shall ensure that the accessible recreation opportunity--
(1) minimizes conflict with--
(A) the uses in effect before the date of the
enactment of this title with respect to any Federal
recreational lands and waters on which the accessible
recreation opportunity is located; or
(B) multiple-use areas in existence on the date of
the enactment of this title; and
(2) <<NOTE: Compliance.>> complies with all applicable land
use and management plans of the Federal recreational lands and
waters on which the accessible recreational opportunity is
located.
(g) <<NOTE: Publication.>> Reports.--
(1) <<NOTE: Time period.>> Interim report.--Not later than
3 years after the date of the enactment of this title, the
Secretary concerned, in coordination with stakeholders and other
interested organizations, shall prepare and publish an interim
report that lists the accessible recreation opportunities
developed under this section during the previous 3 years.
(2) Final report.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned, in
coordination with stakeholders and other interested
organizations, shall prepare and publish a final report that
lists the accessible recreation opportunities developed under
this section.
SEC. 216. <<NOTE: Contracts. 16 USC 8486.>> ASSISTIVE TECHNOLOGY.
In carrying out this subtitle, the Secretary concerned may enter
into partnerships, contracts, or agreements with other Federal, State,
Tribal, local, or private entities, including existing outfitting and
guiding services, to make assistive technology available on Federal
recreational lands and waters.
SEC. 217. <<NOTE: 16 USC 8487.>> SAVINGS CLAUSE.
Nothing in the subtitle shall be construed to create any conflicting
standards with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) and section 504 of the Rehabilitation Act (29 U.S.C. 794).
Subtitle B--Military and Veterans in Parks
SEC. 221. <<NOTE: 16 USC 8501.>> PROMOTION OF OUTDOOR RECREATION
FOR MILITARY SERVICEMEMBERS AND VETERANS.
Not <<NOTE: Deadline.>> later than 2 years after the date of the
enactment of this title, the Secretary concerned, in coordination with
the Secretary of Veterans Affairs and the Secretary of Defense, shall
develop educational and public awareness materials to disseminate to
members of the Armed Forces and veterans, including through
preseparation counseling of the Transition Assistance Program under
chapter 1142 of title 10, United States Code, on--
(1) opportunities for members of the Armed Forces and
veterans to access Federal recreational lands and waters free of
charge under section 805 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6804);
[[Page 138 STAT. 2887]]
(2) the availability and location of accessible trails,
including new accessible trails developed and completed under
section 214;
(3) the availability and location of accessible recreation
opportunities, including new accessible recreation opportunities
developed and completed under section 215;
(4) access to, and assistance with, assistive technology;
(5) outdoor-related volunteer and wellness programs;
(6) the benefits of outdoor recreation for physical and
mental health;
(7) resources to access guided outdoor trips and other
outdoor programs connected to the Department of Defense, the
Department of Veterans Affairs, the Department of the Interior,
or the Department of Agriculture; and
(8) programs and jobs focused on continuing national service
such as Public Land Corps, AmeriCorps, and conservation corps
programs.
SEC. 222. <<NOTE: 16 USC 8502.>> MILITARY VETERANS OUTDOOR
RECREATION LIAISONS.
(a) <<NOTE: Deadline.>> In General.--Not later than 1 year after
the date of the enactment of this title, the Secretaries and the
Secretary of Veterans Affairs shall each establish within their
Departments the position of Military Veterans Outdoor Recreation
Liaison.
(b) Duties.--The Military Veterans Outdoor Recreation Liaison
shall--
(1) coordinate the implementation of this subtitle;
(2) implement recommendations identified by the Task Force
on Outdoor Recreation for Veterans established under section 203
of the Veterans Comprehensive Prevention, Access to Care, and
Treatment Act of 2020 (Public Law 116-214), including
recommendations related to--
(A) identifying new opportunities to formalize
coordination between the Department of Veterans Affairs,
Department of Agriculture, Department of the Interior,
and partner organizations regarding the use of Federal
recreational lands and waters for facilitating health
and wellness for veterans;
(B) addressing identified barriers that exist to
providing veterans with opportunities to augment the
delivery of services for health and wellness through the
use of outdoor recreation on Federal recreational lands
and waters; and
(C) facilitating the use of Federal recreational
lands and waters for promoting wellness and facilitating
the delivery of health care and therapeutic
interventions for veterans;
(3) coordinate with Military Veterans Outdoor Recreation
Liaisons at other Federal agencies and veterans organizations;
and
(4) promote outdoor recreation experiences for veterans on
Federal recreational lands and waters through new and innovative
approaches.
SEC. 223. <<NOTE: 16 USC 8503.>> PARTNERSHIPS TO PROMOTE MILITARY
AND VETERAN RECREATION.
(a) In General.--The Secretary concerned shall seek to enter into
partnerships or agreements with State, Tribal, local, or private
entities with expertise in outdoor recreation, volunteer, accessibility,
[[Page 138 STAT. 2888]]
and health and wellness programs for members of the Armed Forces or
veterans.
(b) Partnerships.--As part of a partnership or agreement entered
into under subsection (a), the Secretary concerned may host events on
Federal recreational lands and waters designed to promote outdoor
recreation among members of the Armed Forces and veterans.
(c) Financial and Technical Assistance.--Under a partnership or
agreement entered into pursuant to subsection (a), the Secretary
concerned may provide financial or technical assistance to the entity
with which the respective Secretary concerned has entered into the
partnership or agreement to assist with--
(1) the planning, development, and execution of events,
activities, or programs designed to promote outdoor recreation
for members of the Armed Forces or veterans; or
(2) the acquisition of assistive technology to facilitate
improved outdoor recreation opportunities for members of the
Armed Forces or veterans.
SEC. 224. <<NOTE: Deadlines. Public information. 16 USC 8504.>>
NATIONAL STRATEGY FOR MILITARY AND VETERAN
RECREATION.
(a) Strategy.--Not later than 1 year after the date of the enactment
of this title, the Federal Interagency Council on Outdoor Recreation
established under section 113 shall develop and make public a strategy
to increase visits to Federal recreational lands and waters by members
of the Armed Forces, veterans, and Gold Star Family members.
(b) Requirements.--A strategy developed under subsection (a)--
(1) shall--
(A) establish objectives and quantifiable targets
for increasing visits to Federal recreational lands and
waters by members of the Armed Forces, veterans, and
Gold Star Family members;
(B) <<NOTE: Notice.>> include an opportunity for
public notice and comment;
(C) emphasize increased recreation opportunities on
Federal recreational lands and waters for members of the
Armed Forces, veterans, and Gold Star Family members;
and
(D) <<NOTE: Costs.>> provide the anticipated costs
to achieve the objectives and meet the targets
established under subparagraph (A); and
(2) shall not establish any preference between similar
recreation facilitated by noncommercial or commercial entities.
(c) <<NOTE: Time period.>> Update to Strategy.--Not later than 5
years after the date of the publication of the strategy required under
subsection (a), and every 5 years thereafter, the Federal Interagency
Council on Outdoor Recreation shall update the strategy and make public
the update.
SEC. 225. RECREATION RESOURCE ADVISORY COMMITTEES.
Section 804(d) of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6803(d)), is amended--
(1) in paragraph (5)(A), by striking ``11'' and inserting
``12''; and
(2) in paragraph (5)(D)(ii)--
(A) by striking ``Three'' and inserting ``Four'';
and
[[Page 138 STAT. 2889]]
(B) after subclause (III), by inserting the
following:
``(IV) Veterans organizations, as
such term is defined in section 201 of
the EXPLORE Act.''; and
(3) in paragraph (8) by striking ``Eight'' and inserting
``Six''.
SEC. 226. <<NOTE: 16 USC 8505.>> CAREER AND VOLUNTEER
OPPORTUNITIES FOR VETERANS.
(a) Veteran Hiring.--The Secretaries are strongly encouraged to hire
veterans in all positions related to the management of Federal
recreational lands and waters.
(b) Pilot Program.--
(1) Establishment.--The Secretary, in consultation with the
Assistant Secretary of Labor for Veterans' Employment and
Training and the Secretary of Veterans Affairs, shall establish
a pilot program under which veterans are employed by the Federal
Government in positions that relate to the conservation and
resource management activities of the Department of the
Interior.
(2) Positions.--The Secretary shall--
(A) identify vacant positions in the Department of
the Interior that are appropriate to fill using the
pilot program; and
(B) to the extent practicable, fill such positions
using the pilot program.
(3) Application of civil service laws.--A veteran employed
under the pilot program shall be treated as an employee as
defined by section 2105 of title 5, United States Code.
(4) Briefings and report.--
(A) Initial briefing.--Not later than 60 days after
the date of the enactment of this title, the Secretary
and the Assistant Secretary of Labor for Veterans'
Employment and Training shall jointly provide to the
appropriate congressional committees a briefing on the
pilot program under this subsection, which shall
include--
(i) a description of how the pilot program
will be carried out in a manner to reduce the
unemployment of veterans; and
(ii) <<NOTE: Recommenda- tions.>> any
recommendations for legislative actions to improve
the pilot program.
(B) Implementation briefing.--Not later than 1 year
after the date on which the pilot program under
subsection (a) commences, the Secretary and the
Assistant Secretary of Labor for Veterans' Employment
and Training shall jointly provide to the appropriate
congressional committees a briefing on the
implementation of the pilot program.
(C) Final report.--Not later than 30 days after the
date on which the pilot program under subsection (a)
terminates under paragraph (5), the Secretary and the
Assistant Secretary of Labor for Veterans' Employment
and Training shall jointly submit to the appropriate
congressional committees a report on the pilot program
that includes the following:
(i) The number of veterans who applied to
participate in the pilot program.
(ii) The number of such veterans employed
under the pilot program.
[[Page 138 STAT. 2890]]
(iii) The number of veterans identified in
clause (ii) who transitioned to full-time
positions with the Federal Government after
participating in the pilot program.
(iv) Any other information the Secretary and
the Assistant Secretary of Labor for Veterans'
Employment and Training determine appropriate with
respect to measuring the effectiveness of the
pilot program.
(5) Duration.--The authority to carry out the pilot program
under this subsection shall terminate on the date that is 2
years after the date on which the pilot program commences.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Veterans' Affairs and the Committee on
Natural Resources of the House of Representatives; and
(2) the Committee on Veterans' Affairs and the Committee on
Energy and Natural Resources of the Senate.
(d) Outdoor Recreation Program Attendance.--Each Secretary of a
military department is encouraged to allow members of the Armed Forces
on active duty status to participate in programs related to
environmental stewardship or guided outdoor recreation.
Subtitle C--Youth Access
SEC. 231. <<NOTE: Deadlines. Public information. 16 USC 8521.>>
INCREASING YOUTH RECREATION VISITS TO
FEDERAL LAND.
(a) Strategy.--Not later than 2 years after the date of the
enactment of this title, the Secretaries, acting jointly, shall develop
and make public a strategy to increase the number of youth recreation
visits to Federal recreational lands and waters.
(b) Requirements.--A strategy developed under subsection (a)--
(1) shall--
(A) emphasize increased recreation opportunities on
Federal recreational lands and waters for underserved
youth;
(B) establish objectives and quantifiable targets
for increasing youth recreation visits; and
(C) <<NOTE: Costs.>> provide the anticipated costs
to achieve the objectives and meet the targets
established under subparagraph (B); and
(2) shall not establish any preference between similar
recreation facilitated by noncommercial or commercial entities.
(c) <<NOTE: Time period.>> Update to Strategy.--Not later than 5
years after the date of the publication of the strategy required under
subsection (a), and every 5 years thereafter, the Secretaries shall
update the strategy and make public the update.
(d) Agreements.--The Secretaries may enter into contracts or cost-
share agreements (including contracts or agreements for the acquisition
of vehicles) to carry out this section.
SEC. 232. EVERY KID OUTDOORS ACT EXTENSION.
Section 9001(b) of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (Public Law 116-9) <<NOTE: 16 USC 6804
note.>> is amended--
(1) in paragraph (2)(B), by striking ``during the period
beginning on September 1 and ending on August 31 of the
[[Page 138 STAT. 2891]]
following year'' and inserting ``for a 12-month period that
begins on a date determined by the Secretaries''; and
(2) in paragraph (5), by striking ``the date that is 7 years
after the date of enactment of this Act'' and inserting
``September 30, 2031''.
TITLE III--SIMPLIFYING OUTDOOR ACCESS FOR RECREATION
SEC. 301. <<NOTE: 16 USC 8531.>> DEFINITIONS.
In this title:
(1) Commercial use authorization.--The term ``commercial use
authorization'' means a commercial use authorization to provide
services to visitors to units of the National Park System under
subchapter II of chapter 1019 of title 54, United States Code.
(2) Multijurisdictional trip.--The term
``multijurisdictional trip'' means a trip that--
(A) uses 2 or more units of Federal recreational
lands and waters; and
(B) is under the jurisdiction of 2 or more Federal
land management agencies.
(3) Recreation service provider.--The term ``recreation
service provider'' has the meaning given the term in section 802
of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801)
(as amended by section 311).
(4) Special recreation permit.--The term ``special
recreation permit'' has the meaning given the term in section
802 of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6801) (as amended by section 311).
(5) Visitor-use day.--The term ``visitor-use day'' means a
visitor-use day, user day, launch, or other metric used by the
Secretary concerned for purposes of authorizing use under a
special recreation permit.
Subtitle A--Modernizing Recreation Permitting
SEC. 311. SPECIAL RECREATION PERMIT AND FEE.
(a) Definitions.--Section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) is amended--
(1) in the matter preceding paragraph (1), by striking
``this Act'' and inserting ``this title'';
(2) in paragraph (1), by striking ``section 3(f)'' and
inserting ``section 803(f)'';
(3) in paragraph (2), by striking ``section 3(g)'' and
inserting ``section 803(g)'';
(4) in paragraph (6), by striking ``section 5'' and
inserting ``section 805'';
(5) in paragraph (9), by striking ``section 5'' and
inserting ``section 805'';
(6) in paragraph (12), by striking ``section 7'' and
inserting ``section 807'';
[[Page 138 STAT. 2892]]
(7) in paragraph (13), by striking ``section 3(h)'' and
inserting ``section 803(h)(2)'';
(8) by redesignating paragraphs (1), (3), (4), (5), (6),
(7), (8), (9), (10), (11), and (13) as paragraphs (15), (1),
(3), (4), (5), (6), (7), (8), (11), (10), and (14),
respectively, and arranging the paragraphs (as so redesignated)
to appear in numerical order;
(9) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Recreation service provider.--The term `recreation
service provider' means a person that provides recreational
services to the public under a special recreation permit under
clause (iii) or (iv) of paragraph (13)(A).'';
(10) by inserting after paragraph (12) the following:
``(13) Special recreation permit.--
``(A) In general.--The term `special recreation
permit' means a permit issued by a Federal land
management agency for the use of Federal recreational
lands and waters--
``(i) for a specialized recreational use not
described in clause (ii), (iii), or (iv), such
as--
``(I) an organizational camp;
``(II) a single event that does not
require an entry or participation fee
that is not strictly a sharing of
expenses for the purposes of the event;
and
``(III) participation by the public
in a recreation activity or recreation
use of a specific area of Federal
recreational lands and waters in which
use by the public is allocated;
``(ii) for a large-group activity or event of
75 participants or more;
``(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
recreation 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;
[[Page 138 STAT. 2893]]
``(dd) occurs in a group
size of fewer than 7
participants;
``(ee) 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 temporary special
recreation permit authorized under
section 316 of the EXPLORE Act.
``(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.''; and
(11) by inserting at the end the following:
``(16) State.--The term `State' means each of the several
States, the District of Columbia, and each territory of the
United States.''.
(b) Special Recreation Permits and Fees.--Section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (b)(5), by striking ``section 4(d)'' and
inserting ``section 804(d)''; and
(3) by striking subsection (h) and inserting the following:
``(h) Special Recreation Permits and Fees.--
``(1) Special recreation permits.--
``(A) <<NOTE: Public information.>> 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 each of clauses
(ii) through (iv) of section 802(13)(A).
``(B) <<NOTE: Review. Determination.>> 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
[[Page 138 STAT. 2894]]
for sales that are incidental in nature to the permitted
use of the Federal recreational lands and waters, except
where otherwise prohibited by law.
``(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) of this paragraph, the
Secretary shall establish and may charge a
predetermined fee, described in clause (ii) of
this subparagraph, 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) of
this subparagraph.
``(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 the enactment of the EXPLORE
Act;
``(II) be established after the date
of the enactment of the EXPLORE Act, in
accordance with subsection (b);
``(III)(aa) be established after the
date of the enactment of the EXPLORE
Act; and
``(bb) be comparable to an amount
described in subparagraph (D)(ii) or
(E)(ii), as applicable; or
``(IV) <<NOTE: Effective date.>>
beginning on the date that is 2 years
after the date of the enactment of the
EXPLORE Act, 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
[[Page 138 STAT. 2895]]
``(ii) <<NOTE: Determination.>> 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 temporary 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) <<NOTE: Determination.>> 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
[[Page 138 STAT. 2896]]
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 or the United States Fish and
Wildlife Service for the provision of
accommodations, facilities, or services;
or
``(II) a commercial use
authorization or special use permit 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 320
of the EXPLORE Act.
``(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--
``(i) 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; and
``(ii) <<NOTE: Web posting.>> on the
appropriate website for such unit or area.
[[Page 138 STAT. 2897]]
``(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) <<NOTE: Effective date. Time periods.>> 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) <<NOTE: Deadlines. Time period. List.>> 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.''.
(c) Conforming Amendment.--Section 804 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6803) is amended by striking
subsection (e).
(d) Use of Special Recreation Permit Revenue.--Section 808 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (a)(3)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking ``6(a) or a
visitor reservation service.'' and inserting ``806(a) or
a visitor reservation service;''; and
(C) by adding at the end the following:
``(G) the processing of special recreation permit
applications and administration of special recreation
permits; and
``(H) the improvement of the operation of the
special recreation permit program under section
803(h).''; and
(3) in subsection (d)--
[[Page 138 STAT. 2898]]
(A) in paragraph (1), by striking ``section
5(a)(7)'' and inserting ``section 805(a)(7)''; and
(B) in paragraph (2), by striking ``section 5(d)''
and inserting ``section 805(d)''.
(e) Reauthorization.--Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking ``2019'' and
inserting ``2031''.
SEC. 312. <<NOTE: Deadlines. 16 USC 8541.>> PERMITTING PROCESS
IMPROVEMENTS.
(a) In General.--To simplify the process of the issuance and or
reissuance of special recreation permits and reduce the cost of
administering special recreation permits under section 803(h) of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by
this title), the Secretaries shall each--
(1) <<NOTE: Time period.>> during the period beginning on
January 1, 2021, and ending on January 1, 2025--
(A) <<NOTE: Evaluation.>> evaluate the process for
issuing special recreation permits; and
(B) based on the evaluation under subparagraph (A),
identify opportunities to--
(i) eliminate duplicative processes with
respect to issuing special recreation permits;
(ii) reduce costs for the issuance of special
recreation permits;
(iii) decrease processing times for special
recreation permits; and
(iv) issue simplified special recreation
permits, including special recreation permits for
an organized group recreation activity or event
under subsection (e); and
(2) <<NOTE: Revisions. Regulations. Guidance.>> not later
than 1 year after the date on which the Secretaries complete
their respective evaluation and identification processes under
paragraph (1), revise, as necessary, relevant agency regulations
and guidance documents, including regulations and guidance
documents relating to the environmental review process, for
special recreation permits to implement the improvements
identified under paragraph (1)(B).
(b) Environmental Reviews.--
(1) In general.--The Secretary concerned shall, to the
maximum extent practicable, utilize available tools, including
tiering to existing programmatic reviews, as appropriate, to
facilitate an effective and efficient environmental review
process for activities undertaken by the Secretary concerned
relating to the issuance of special recreation permits.
(2) <<NOTE: Evaluations.>> Categorical exclusions.--Not
later than 2 years after the date of the enactment of this
title, the Secretary concerned shall--
(A) evaluate whether existing categorical exclusions
available to the Secretary concerned on the date of the
enactment of this title are consistent with the
provisions of this title;
(B) evaluate whether a modification of an existing
categorical exclusion or the establishment of 1 or more
new categorical exclusions developed in compliance with
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) is necessary to undertake an activity
described
[[Page 138 STAT. 2899]]
in paragraph (1) in a manner consistent with the
authorities and requirements in this title; and
(C) <<NOTE: Revisions. Regulations. Guidance.>>
revise relevant agency regulations and policy statements
and guidance documents, as necessary, to modify existing
categorical exclusions or incorporate new categorical
exclusions based on evaluations conducted under this
paragraph.
(c) Needs Assessments.--Except as required under subsection (c) or
(d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary
concerned shall not conduct a needs assessment as a condition of issuing
a special recreation permit under section 803(h) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title).
(d) Online Applications.--Not later than 3 years after the date of
the enactment of this title, the Secretaries shall make the application
for a special recreation permit under section 803(h) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this
title), including a reissuance of a special recreation permit under that
section, available for completion and submission--
(1) online;
(2) by mail or electronic mail; and
(3) in person at the field office for the applicable Federal
recreational lands and waters.
(e) Special Recreation Permits for an Organized Group Recreation
Activity or Event.--
(1) Definitions.--In this subsection:
(A) Special recreation permit for an organized group
recreation activity or event.--The term ``special
recreation permit for an organized group recreation
activity or event'' means a special recreation permit
described in subclause (I) or (III) of paragraph
(13)(A)(iii) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended
by this title).
(B) Youth group.--The term ``youth group'' means a
recreation service provider that predominantly serves
individuals not older than 25 years of age.
(2) Exemption from certain allocations of use.--If the
Secretary concerned allocates visitor-use days available for an
area or activity on Federal recreational lands and waters among
recreation service providers that hold a permit described in
paragraph (13)(A)(iv) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this
title), a special recreation permit for an organized group
recreation activity or event shall not be subject to that
allocation of visitor-use days.
(3) <<NOTE: Determinations.>> Issuance.--In accordance with
paragraphs (5) and (6), if use by the general public is not
subject to a limited entry permit system and if capacity is
available for the times or days in which the proposed activity
or event would be undertaken, on request of a recreation service
provider (including a youth group) to conduct an organized group
recreation activity or event described in subclause (I) or (III)
of paragraph (13)(A)(iii) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this
title), the Secretary concerned--
[[Page 138 STAT. 2900]]
(A) shall make a nominal effects determination to
determine whether the proposed activity or event would
have more than nominal effects on Federal recreational
lands and waters, resources, and programs; and
(B)(i) shall not require a recreation service
provider (including a youth group) to obtain a special
recreation permit for an organized group recreation
activity or event if the Secretary concerned
determines--
(I) the proposed activity or event to be
undertaken would have only nominal effects on
Federal recreational lands and waters, resources,
and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event is
not necessary to protect or avoid conflict on or
with Federal recreational lands and waters,
resources, and programs;
(ii) in the case of an organized group recreation
activity or event described in section
802(13)(A)(iii)(I) of that Act, may issue to a
recreation service provider (including a youth group) a
special recreation permit for an organized group
recreation activity or event, subject to any terms and
conditions as are determined to be appropriate by the
Secretary concerned, if the Secretary concerned
determines--
(I) the proposed activity or event to be
undertaken would have only nominal effects on
Federal recreational lands and waters, resources,
and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event is
necessary to protect or avoid conflict on or with
Federal recreational lands and waters, resources,
and programs;
(iii) in the case of an organized group recreation
activity or event described in section
802(13)(A)(iii)(III) of that Act, shall issue to a
recreation service provider (including a youth group) a
special recreation permit for an organized group
recreation activity or event, subject to such terms and
conditions determined to be appropriate by the Secretary
concerned, if the Secretary concerned determines--
(I) the proposed activity or event to be
undertaken would have only nominal effects on
Federal recreational lands and waters, resources,
and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event is
necessary to protect or avoid conflict on or with
Federal recreational lands and waters, resources,
and programs; and
(iv) may issue to a recreation service provider
(including a youth group) a special recreation permit
for an organized group recreation activity or event,
subject to any terms and conditions determined to be
appropriate by the Secretary concerned, if the Secretary
concerned determines--
[[Page 138 STAT. 2901]]
(I) the proposed activity or event to be
undertaken may have more than nominal effects on
Federal recreational lands and waters, resources,
and programs; and
(II) establishing additional terms and
conditions for the proposed activity or event
would be necessary to protect or avoid conflict on
or with Federal recreational lands and waters,
resources, and programs.
(4) Fees.--The Secretary concerned may elect not to charge a
fee to a recreation service provider (including a youth group)
for a special recreation permit for an organized group
recreation activity or event.
(5) Savings clause.--Nothing in this subsection prevents the
Secretary concerned from limiting or abating the allowance of a
proposed activity or event under paragraph (3)(B)(i) or the
issuance of a special recreation permit for an organized group
recreation activity or event, based on resource conditions,
administrative burdens, or safety issues.
(6) Qualifications.--A special recreation permit for an
organized group recreation activity or event issued under
paragraph (3) shall be subject to the health and safety
standards required by the Secretary concerned for a permit
issued under paragraph (13)(A)(iv) of section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
this title).
SEC. 313. <<NOTE: 16 USC 8542.>> PERMIT FLEXIBILITY.
(a) <<NOTE: Guidelines.>> In General.--The Secretary concerned
shall establish guidelines to allow a holder of a special recreation
permit under subsection (h) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title),
to engage in another recreational activity under the special recreation
permit that is substantially similar to the specific activity authorized
under the special recreation permit.
(b) Criteria.--For the purposes of this section, a recreational
activity shall be considered to be a substantially similar recreational
activity if the recreational activity--
(1) is comparable in type, nature, scope, and ecological
setting to the specific activity authorized under the special
recreation permit;
(2) does not result in a greater impact on natural and
cultural resources than the impact of the authorized activity;
(3) does not adversely affect--
(A) any other holder of a special recreation permit
or other permit; or
(B) any other authorized use of the Federal
recreational lands and waters; and
(4) is consistent with--
(A) any applicable laws (including regulations); and
(B) the land management plan, resource management
plan, or equivalent plan applicable to the Federal
recreational lands and waters.
(c) <<NOTE: Notifications.>> Surrender of Unused Visitor-Use
Days.--
(1) In general.--A recreation service provider holding a
special recreation permit described in paragraph (13)(A)(iv) of
section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) (as amended by this title) may--
[[Page 138 STAT. 2902]]
(A) notify the Secretary concerned of an inability
to use visitor-use days annually allocated to the
recreation service provider under the special recreation
permit; and
(B) surrender to the Secretary concerned the unused
visitor-use days for the applicable year for temporary
reassignment under section 318(b).
(2) Determination.--To ensure a recreation service provider
described in paragraph (1) is able to make an informed decision
before surrendering any unused visitor-use day under paragraph
(1)(B), the Secretary concerned shall, on the request of the
applicable recreation service provider, determine and notify the
recreation service provider whether the unused visitor-use day
meets the requirement described in section 317(b)(3)(B) before
the recreation service provider surrenders the unused visitor-
use day.
(d) Effect.--Nothing in this section affects any authority of,
regulation issued by, or decision of the Secretary concerned relating to
the use of electric bicycles on Federal recreational lands and waters
under any other Federal law.
SEC. 314. <<NOTE: 16 USC 8543.>> PERMIT ADMINISTRATION.
(a) Permit Availability.--
(1) Notifications of permit availability.--
(A) <<NOTE: Determination. Web posting.>> In
general.--Except as provided in subparagraph (B), in an
area of Federal recreational lands and waters in which
use by recreation service providers is allocated, if the
Secretary concerned determines that visitor-use days are
available for allocation to recreation service providers
or holders of a commercial use authorization for
outfitting and guiding, the Secretary concerned shall
publish that information on the website of the agency
that administers the applicable area of Federal
recreational lands and waters.
(B) Effect.--Nothing in this paragraph--
(i) applies to--
(I) the reissuance of an existing
special recreation permit or commercial
use authorization for outfitting and
guiding; or
(II) the issuance of a new special
recreation permit or new commercial use
authorization for outfitting and guiding
issued to the purchaser of--
(aa) a recreation service
provider that is the holder of
an existing special recreation
permit; or
(bb) a holder of an existing
commercial use authorization for
outfitting and guiding; or
(ii) creates a prerequisite to the issuance of
a special recreation permit or commercial use
authorization for outfitting and guiding or
otherwise limits the authority of the Secretary
concerned--
(I) to issue a new special
recreation permit or new commercial use
authorization for outfitting and
guiding; or
(II) to add a new or additional use
to an existing special recreation permit
or an existing
[[Page 138 STAT. 2903]]
commercial use authorization for
outfitting and guiding.
(2) Updates.--The Secretary concerned shall ensure that
information published on the website under this subsection is
consistently updated to provide current and correct information
to the public.
(3) Electronic mail notifications.--The Secretary concerned
shall establish a system by which potential applicants for
special recreation permits or commercial use authorizations for
outfitting and guiding may subscribe to receive notification by
electronic mail of the availability of special recreation
permits under section 803(h)(1) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) (as amended by this title) or
commercial use authorizations for outfitting and guiding.
(b) Permit Application or Proposal Acknowledgment.--
Not <<NOTE: Deadline. Notices.>> later than 60 days after the date on
which the Secretary concerned receives a completed application or a
complete proposal for a special recreation permit under section
803(h)(1) of the Federal Lands Recreation Enhancement Act (16 U.S.C.
6802) (as amended by this title), the Secretary concerned shall--
(1) provide to the applicant notice acknowledging receipt of
the application or proposal; and
(2)(A) issue a final decision with respect to the
application or proposal; or
(B) provide to the applicant notice of a projected date for
a final decision on the application or proposal.
(c) Effect.--Nothing in this section applies to a concession
contract issued by the National Park Service for the provision of
accommodations, facilities, or services.
SEC. 315. <<NOTE: 16 USC 8544.>> SERVICE FIRST INITIATIVE;
PERMITS FOR MULTIJURISDICTIONAL TRIPS.
(a) Repeal.--Section 330 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), is repealed.
(b) Cooperative Action and Sharing of Resources by the Secretaries
of the Interior and Agriculture.--
(1) <<NOTE: Time periods.>> In general.--For fiscal year
2024, and each fiscal year thereafter, the Secretaries may carry
out an initiative, to be known as the ``Service First
Initiative'', under which the Secretaries, or Federal land
management agencies within their departments, may--
(A) establish programs to conduct projects,
planning, permitting, leasing, contracting, and other
activities, either jointly or on behalf of one another;
(B) co-locate in Federal offices and facilities
leased by an agency of the Department of the Interior or
the Department of Agriculture; and
(C) <<NOTE: Regulations.>> issue rules to test the
feasibility of issuing unified permits, applications,
and leases, subject to the limitations in this section.
(2) Delegations of authority.--The Secretaries may make
reciprocal delegations of the respective authorities, duties,
and responsibilities of the Secretaries in support of the
Service First Initiative agency-wide to promote customer service
and efficiency.
[[Page 138 STAT. 2904]]
(3) Effect.--Nothing in this section alters, expands, or
limits the applicability of any law (including regulations) to
land administered by the Bureau of Land Management, National
Park Service, United States Fish and Wildlife Service, or the
Forest Service or matters under the jurisdiction of any other
bureaus or offices of the Department of the Interior or the
Department of Agriculture, as applicable.
(4) <<NOTE: Reimbursement. Time period.>> Transfers of
funding.--Subject to the availability of appropriations and to
facilitate the sharing of resources under the Service First
Initiative, the Secretaries are authorized to mutually transfer
funds between, or reimburse amounts expended from, appropriate
accounts of either Department on an annual basis, including
transfers and reimbursements for multiyear projects, except that
this authority may not be used in a manner that circumvents
requirements or limitations imposed on the use of any of the
funds so transferred or reimbursed.
(5) Report.--The Secretaries shall submit an annual report
to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate describing the activities undertaken as
part of the Service First Initiative in the prior year.
(c) Pilot Program for Special Recreation Permits for
Multijurisdictional Trips.--
(1) <<NOTE: Deadline.>> In general.--Not later than 2 years
after the date of the enactment of this title, the Secretaries
shall establish a pilot program to offer to a person seeking an
authorization for a multijurisdictional trip a set of separate
special recreation permits or commercial use authorizations that
authorizes the use of each unit of Federal recreational lands
and waters on which the multijurisdictional trip occurs, subject
to the authorities that apply to the applicable unit of Federal
recreational lands and waters.
(2) <<NOTE: Deadline.>> Minimum number of permits.--Not
later than 4 years after the date of the enactment of this
title, the Secretaries shall issue not fewer than 10 sets of
separate special recreation permits described in paragraph
(13)(A)(iv) of section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) (as amended by this title) or
commercial use authorizations under the pilot program
established under paragraph (1).
(3) Lead agencies.--In carrying out the pilot program
established under paragraph (1), the Secretaries shall--
(A) <<NOTE: Designation.>> designate a lead agency
for issuing and administering a set of separate special
recreation permits or commercial use authorizations; and
(B) select not fewer than 4 offices at which a
person shall be able to apply for a set of separate
special recreation permits or commercial use
authorizations, of which--
(i) not fewer than 2 offices are managed by
the Secretary; and
(ii) not fewer than 2 offices are managed by
the Secretary of Agriculture, acting through the
Chief of the Forest Service.
(4) Retention of authority by the applicable secretary.--
Each of the Secretaries shall retain the authority to enforce
the terms, stipulations, conditions, and agreements
[[Page 138 STAT. 2905]]
in a set of separate special recreation permits or commercial
use authorizations issued under the pilot program established
under paragraph (1) that apply specifically to the use occurring
on the Federal recreational lands and waters managed by the
applicable Secretary, under the authorities that apply to the
applicable Federal recreational lands and waters.
(5) Option to apply for separate special recreation permits
or commercial use authorizations.--A person seeking the
appropriate permits or authorizations for a multijurisdictional
trip may apply for--
(A) a separate special recreation permit or
commercial use authorization for the use of each unit of
Federal recreational lands and waters on which the
multijurisdictional trip occurs; or
(B) a set of separate special recreational permits
or commercial use authorizations made available under
the pilot program established under paragraph (1).
(6) Effect.--Nothing in this subsection applies to a
concession contract issued by the National Park Service for the
provision of accommodations, facilities, or services.
SEC. 316. <<NOTE: 16 USC 8545.>> FOREST SERVICE AND BUREAU OF
LAND MANAGEMENT TEMPORARY SPECIAL
RECREATION PERMITS FOR OUTFITTING AND
GUIDING.
(a) <<NOTE: Deadline.>> In General.--Not later than 180 days after
the date of enactment of this title, the Secretary concerned shall
establish and implement a program to authorize the issuance of temporary
special recreation permits for new or additional recreational uses of
Federal recreational land and water managed by the Forest Service and
the Bureau of Land Management.
(b) <<NOTE: Time period.>> Term of Temporary Permits.--A temporary
special recreation permit issued under paragraph (1) shall be issued for
a period of not more than 2 years.
(c) <<NOTE: Determination.>> Conversion to Long-term Permit.--If
the Secretary concerned determines that a permittee under paragraph (1)
has completed 2 years of satisfactory operation under the permit
proposed to be converted, the Secretary may provide for the conversion
of a temporary special recreation permit issued under paragraph (1) to a
long-term special recreation permit.
(d) Effect.--Nothing in this subsection alters or affects the
authority of the Secretary to issue a special recreation permit under
subsection (h)(1) of section 803 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) (as amended by this title).
SEC. 317. <<NOTE: Time periods. Determinations. 16 USC 8546.>>
REVIEWS FOR LONG-TERM PERMITS.
(a) <<NOTE: Compliance.>> Monitoring.--The Secretary concerned
shall monitor each recreation service provider issued a special
recreation permit for compliance with the terms of the permit--
(1) not less than annually or as frequently as needed (as
determined by the Secretary concerned), in the case of a
temporary special recreation permit for outfitting and guiding
issued under section 316; and
(2) not less than once every 2 years or as frequently as
needed (as determined by the Secretary concerned), in the case
of a special recreation permit described in paragraph
(13)(A)(iv)(I) of section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) (as amended by this title) that
is issued for a term of not more than 10 years.
[[Page 138 STAT. 2906]]
(b) Use-of-Allocation Reviews.--
(1) In general.--If the Secretary of Agriculture, acting
through the Chief of the Forest Service, or the Secretary, as
applicable, allocates visitor-use days among special recreation
permits for outfitting and guiding, the Secretary of
Agriculture, acting through the Chief of the Forest Service,
shall, and the Secretary may, review the use by the recreation
service provider of the visitor-use days allocated under a long-
term special recreation permit described in paragraph
(13)(A)(iv)(I) of section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) (as amended by this title),
once every 5 years.
(2) Requirements of the review.--In conducting a review
under paragraph (1), the Secretary concerned shall determine--
(A) the number of visitor-use days that the
recreation service provider used each year under the
special recreation permit, in accordance with paragraph
(3); and
(B) the year in which the recreation service
provider used the most visitor-use days under the
special recreation permit.
(3) Consideration of surrendered, unused visitor-use days.--
For the purposes of determining the number of visitor-use days a
recreation service provider used in a specified year under
paragraph (2)(A), the Secretary of Agriculture, acting through
the Chief of the Forest Service, and the Secretary, as
applicable, shall consider an unused visitor-use day that has
been surrendered under section 313(c)(1)(B) as--
(A) 1/2 of a visitor-use day used; or
(B) 1 visitor-use day used, if the Secretary
concerned determines the use of the allocated visitor-
use day had been or will be prevented by a circumstance
beyond the control of the recreation service provider.
SEC. 318. <<NOTE: 16 USC 8547.>> ADJUSTMENT OF ALLOCATED VISITOR-
USE DAYS.
(a) Adjustments Following Use of Allocation Reviews.--
On <<NOTE: Determinations.>> the completion of a use-of-allocation
review conducted under section 317(b) for a special recreation permit
described in paragraph (13)(A)(iv)(I) of section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this
title), the Secretary of Agriculture, acting through the Chief of the
Forest Service, or the Secretary, as applicable, shall adjust the number
of visitor-use days allocated to a recreation service provider under the
special recreation permit as follows:
(1) If the Secretary concerned determines that the
performance of the recreation service provider was satisfactory
during the most recent review conducted under subsection (a) of
section 317, the annual number of visitor-use days allocated for
each remaining year of the permit shall be equal to 125 percent
of the number of visitor-use days used, as determined under
subsection (b)(2)(A) of that section, during the year identified
under subsection (b)(2)(B) of that section, not to exceed the
level allocated to the recreation service provider on the date
on which the special recreation permit was issued.
(2) If the Secretary concerned determines the performance of
the recreation service provider is less than satisfactory during
the most recent performance review conducted under subsection
(a) of section 317, the annual number of visitor-use days
allocated for each remaining year of the special recreation
permit
[[Page 138 STAT. 2907]]
shall be equal to not more than 100 percent of the number of
visitor-use days used, as determined under subsection (b)(2)(A)
of that section during the year identified under subsection
(b)(2)(B) of that section.
(b) Temporary Reassignment of Unused Visitor-Use Days.--The
Secretary concerned may temporarily assign unused visitor-use days, made
available under section 313(c)(1)(B), to--
(1) any other existing or potential recreation service
provider, notwithstanding the number of visitor-use days
allocated to the special recreation permit holder under the
special recreation permit held or to be held by the recreation
service provider; or
(2) any existing or potential holder of a special recreation
permit described in clause (i) or (iii) of paragraph (13)(A) of
section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) (as amended by this title), including the public.
(c) Additional Capacity.--If unallocated visitor-use days are
available, the Secretary concerned may, at any time, amend a special
recreation permit to allocate additional visitor-use days to a qualified
recreation service provider.
SEC. 319. <<NOTE: 16 USC 8548.>> LIABILITY.
(a) Insurance Requirements.--
(1) In general.--Except as provided in paragraph (2), as a
condition of issuing a special recreation permit under
subsection (h)(1)(B) of section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this
title) or a commercial use authorization, the Secretary
concerned may require the holder of the special recreation
permit or commercial use authorization to have a commercial
general liability insurance policy that--
(A) is commensurate with the level of risk of the
activities to be conducted under the special recreation
permit or commercial use authorization; and
(B) includes the United States as an additional
insured in an endorsement to the applicable policy.
(2) <<NOTE: Determination.>> Exception.--The Secretary
concerned shall not require a holder of a special recreation
permit or commercial use authorization for low-risk activities,
as determined by the Secretary concerned, including
commemorative ceremonies and participation by the public in a
recreation activity or recreation use of a specific area of
Federal recreational lands and waters in which use by the public
is allocated, to comply with the requirements of paragraph (1).
(b) Indemnification by Governmental Entities.--The Secretary
concerned shall not require a State, State agency, State institution, or
political subdivision of a State to indemnify the United States for tort
liability as a condition for issuing a special recreation permit or
commercial use authorization to the extent the State, State agency,
State institution, or political subdivision of a State is precluded by
State law from providing indemnification to the United States for tort
liability, if the State, State agency, State institution, or political
subdivision of the State maintains the minimum amount of liability
insurance coverage required by the Federal land management agency for
the activities conducted under the special recreation permit or
commercial use authorization in the form of--
[[Page 138 STAT. 2908]]
(1) a commercial general liability insurance policy, which
includes the United States as an additional insured in an
endorsement to the policy, if the State is authorized to obtain
commercial general liability insurance by State law;
(2) self-insurance, which covers the United States as an
additional insured, if authorized by State law; or
(3) a combination of the coverage described in paragraphs
(1) and (2).
(c) Exculpatory Agreements.--
(1) In general.--Except as provided in paragraph (2), a
Federal land management agency shall not implement, administer,
or enforce any regulation, guidance, or policy prohibiting the
use of an exculpatory agreement between a recreation service
provider or a holder of a commercial use authorization and a
customer relating to services provided under a special
recreation permit or a commercial use authorization.
(2) Requirements.--Any exculpatory agreement used by a
recreation service provider or holder of a commercial use
authorization for an activity authorized under a special
recreation permit or commercial use authorization--
(A) shall shield the United States from any
liability, if otherwise allowable under Federal law; and
(B) shall not waive any liability of the recreation
service provider or holder of the commercial use
authorization that may not be waived under the laws
(including common law) of the applicable State or for
gross negligence, recklessness, or willful misconduct.
(3) <<NOTE: Deadline. Policy.>> Consistency.--Not later
than 2 years after the date of the enactment of this title, the
Secretaries shall--
(A) <<NOTE: Review.>> review the policies of the
Secretaries pertaining to the use of exculpatory
agreements by recreation service providers and holders
of commercial use authorizations; and
(B) <<NOTE: Revision.>> revise any policy described
in subparagraph (A) as necessary to make the policies of
the Secretaries pertaining to the use of exculpatory
agreements by recreation service providers and holders
of commercial use authorizations consistent with this
subsection and across all Federal recreational lands and
waters.
(d) Effect.--Nothing in this section applies to a concession
contract issued by the National Park Service for the provision of
accommodations, facilities, or services.
SEC. 320. <<NOTE: 16 USC 8549.>> COST RECOVERY REFORM.
(a) <<NOTE: Fees.>> Cost Recovery for Special Recreation Permits.--
In addition to a fee collected under section 803 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802) or any other authorized fee
collected by the Secretary concerned, the Secretary concerned may assess
and collect a reasonable fee from an applicant for, or holder of, a
special recreation permit to recover administrative costs incurred by
the Secretary concerned for--
(1) processing a proposal or application for the special
recreation permit;
(2) issuing the special recreation permit; and
(3) monitoring the special recreation permit to ensure
compliance with the terms and conditions of the special
recreation permit.
[[Page 138 STAT. 2909]]
(b) De Minimis Exemption From Cost Recovery.--If the administrative
costs described in subsection (a) are assessed on an hourly basis, the
Secretary concerned shall--
(1) establish an hourly de minimis threshold that exempts a
specified number of hours from the assessment and collection of
administrative costs described in subsection (a); and
(2) charge an applicant only for any hours that exceed the
de minimis threshold.
(c) Multiple Applications.--If the Secretary concerned collectively
processes multiple applications for special recreation permits for the
same or similar services in the same unit of Federal recreational lands
and waters, the Secretary concerned shall, to the extent practicable--
(1) <<NOTE: Assessment.>> assess from the applicants the
fee described in subsection (a) on a prorated basis; and
(2) <<NOTE: Applicability.>> apply the exemption described
in subsection (b) to each applicant on an individual basis.
(d) Limitation.--The Secretary concerned shall not assess or collect
administrative costs under this section for a programmatic environmental
review.
(e) Cost Reduction.--To the maximum extent practicable, the agency
processing an application for a special recreation permit shall use
existing studies and analysis to reduce the quantity of work and costs
necessary to process the application.
SEC. 321. AVAILABILITY OF FEDERAL, STATE, AND LOCAL RECREATION
PASSES.
(a) In General.--The Federal Lands Recreation Enhancement Act is
amended by inserting after section 805 (16 U.S.C. 6804) the following:
``SEC. 805A. <<NOTE: 16 USC 6804a.>> AVAILABILITY OF FEDERAL,
STATE, AND LOCAL RECREATION PASSES.
``(a) Establishment of Program.--
``(1) In general.--To improve the availability of Federal,
State, and local outdoor recreation passes, the Secretaries are
encouraged to coordinate with States and counties regarding the
availability of Federal, State, and local recreation passes to
allow a purchaser to buy a Federal recreation pass, State
recreation pass, and local recreation pass in a single
transaction.
``(2) Included passes.--Passes covered by the program
established under paragraph (1) include--
``(A) an America the Beautiful--the National Parks
and Federal Recreational Lands Pass under section 805;
and
``(B) any pass covering any fees charged by
participating States and counties for entrance and
recreational use of parks and public land in the
participating States.
``(b) Agreements With States and Counties.--
``(1) In general.--The Secretaries, after consultation with
the States and counties, may enter into agreements with States
and counties to coordinate the availability of passes as
described in subsection (a).
``(2) Revenue from pass sales.--Agreements between the
Secretaries, States, and counties entered into pursuant to this
section shall ensure that--
[[Page 138 STAT. 2910]]
``(A) funds from the sale of State or local passes
are transferred to the appropriate State agency or
county government;
``(B) funds from the sale of Federal passes are
transferred to the appropriate Federal agency; and
``(C) fund transfers are completed by the end of a
fiscal year for all pass sales occurring during the
fiscal year.''.
(b) Clerical Amendment.--The table of contents for the Federal Lands
Recreation Enhancement Act is amended by inserting after the item
relating to section 805 the following:
``Sec. 805A. Availability of Federal, State, and local recreation
passes.''.
SEC. 322. ONLINE PURCHASES AND ESTABLISHMENT OF A DIGITAL VERSION
OF AMERICA THE BEAUTIFUL--THE NATIONAL
PARKS AND FEDERAL RECREATIONAL LANDS
PASSES.
(a) Online Purchases of America the Beautiful-The National Parks and
Federal Recreational Lands Pass.--Section 805(a)(6) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6804(a)(6)) is amended by striking
subparagraph (A) and inserting the following:
``(A) In general.--The Secretaries shall sell or
otherwise make available 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 or distribution of
the Pass is feasible;
``(ii) at such other locations as the
Secretaries consider appropriate and feasible; and
``(iii) through a prominent link to a
centralized pass sale system on the website of
each of the Federal land management agencies and
the websites of the relevant units and subunits of
those agencies, which shall include information
about where and when a National Parks and Federal
Recreational Lands Pass may be used.''.
(b) Digital Version of the America the Beautiful--The National Parks
and Federal Recreation Lands Pass.--Section 805(a) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6804(a)) is amended by adding at
the end the following:
``(10) <<NOTE: Deadline.>> Digital recreation passes.--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, including with respect
to free and discounted passes; and
``(B) upon completion of a transaction for a
National Parks and Federal Recreational Lands Pass, make
immediately available to the passholder a digital
version of the National Parks and Federal Recreational
Lands Pass established under subparagraph (A).''.
(c) Entrance Pass and Amenity Fees.--Section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as
[[Page 138 STAT. 2911]]
amended by this title) is amended by adding at the end the following:
``(j) Online Payments.--
``(1) In general.--In addition to providing onsite payment
methods, the Secretaries may collect payment online for--
``(A) entrance fees under subsection (e);
``(B) standard amenity recreation fees under
subsection (f);
``(C) expanded amenity recreation fees under
subsection (g); 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. 323. <<NOTE: 16 USC 8550.>> SAVINGS PROVISION.
Nothing in this subtitle, or in any amendment made by this subtitle,
shall be construed as affecting the authority or responsibility of the
Secretary of the Interior to award concessions contracts for the
provision of accommodations, facilities, and services, or commercial use
authorizations to provide services, to visitors to U.S. Fish and
Wildlife Service refuges or units of the National Park System pursuant
to subchapter II of chapter 1019 of title 54, United States Code
(formerly known as the ``National Park Service Concessions Management
Improvement Act of 1998''), except that sections 314(a), 315, 319(a),
319(b), and 319(c) of this subtitle shall also apply to commercial use
authorizations under that Act.
Subtitle B--Making Recreation a Priority
SEC. 331. <<NOTE: 16 USC 8561.>> EXTENSION OF SEASONAL RECREATION
OPPORTUNITIES.
(a) Definition of Seasonal Closure.--In this section, the term
``seasonal closure'' means any period during which--
(1) a unit, or portion of a unit, of Federal recreational
lands and waters is closed to the public for a continuous period
of 30 days or more, excluding temporary closures relating to
wildlife conservation or public safety; and
(2) permitted or allowable recreational activities, which
provide an economic benefit, including off-season or winter-
season tourism, do not take place at the unit, or portion of a
unit, of Federal recreational lands and waters.
(b) Coordination.--
(1) <<NOTE: Consultation.>> In general.--The Secretaries
shall consult and coordinate with outdoor recreation-related
businesses operating on, or adjacent to, a unit of Federal
recreational lands and waters, State offices of outdoor
recreation, local destination marketing organizations,
applicable trade organizations, nonprofit organizations, Indian
Tribes, local governments, and institutions of higher
education--
(A) to better understand--
(i) trends with respect to visitors to the
unit of Federal recreational lands and waters;
(ii) the effect of seasonal closures on areas
of, or infrastructure on, units of Federal
recreational lands
[[Page 138 STAT. 2912]]
and waters on outdoor recreation opportunities,
adjacent businesses, and local tax revenue; and
(iii) opportunities to extend the period of
time during which areas of, or infrastructure on,
units of Federal recreational lands and waters are
open to the public to increase outdoor recreation
opportunities and associated revenues for
businesses and local governments; and
(B) to solicit input from, and provide information
for, outdoor recreation marketing campaigns.
(2) Local coordination.--As part of the consultation and
coordination required under subparagraph (1), the Secretaries
shall encourage relevant unit managers of Federal recreational
lands and waters managed by the Forest Service, the Bureau of
Land Management, and the National Park Service to consult and
coordinate with local governments, Indian Tribes, outdoor
recreation-related businesses, and other local stakeholders
operating on or adjacent to the relevant unit of Federal
recreational lands and waters.
(d) Extensions Beyond Seasonal Closures.--
(1) Extension of recreational season.--In the case of a unit
of Federal recreational lands and waters managed by the Forest
Service, the Bureau of Land Management, or the National Park
Service in which recreational use is highly seasonal, the
Secretary concerned, acting through the relevant unit manager,
may--
(A) as appropriate, extend the recreation season or
increase recreation use in a sustainable manner during
the offseason; and
(B) <<NOTE: Public information.>> make information
about extended season schedules and related recreational
opportunities available to the public and local
communities.
(2) Determination.--In determining whether to extend the
recreation season under this subsection, the Secretary
concerned, acting through the relevant unit manager, shall
consider the benefits of extending the recreation season--
(A) for the duration of income to gateway
communities; and
(B) to provide more opportunities to visit resources
on units of Federal recreational lands and waters to
reduce crowding during peak visitation.
(3) Clarification.--Nothing in this subsection precludes the
Secretary concerned, acting through the relevant unit manager,
from providing for additional recreational opportunities and
uses at times other than those described in this subsection.
(4) Inclusions.--An extension of a recreation season or an
increase in recreation use during the offseason under paragraph
(1) may include--
(A) the addition of facilities that would increase
recreation use during the offseason; and
(B) improvement of access to the relevant unit to
extend the recreation season.
(5) <<NOTE: Compliance.>> Requirement.--An extension of a
recreation season or increase in recreation use during the
offseason under paragraph (1) shall be done in compliance with
all applicable Federal laws, regulations, and policies,
including land use plans.
(6) Agreements.--
[[Page 138 STAT. 2913]]
(A) In general.--The Secretary concerned may enter
into agreements with businesses, local governments, or
other entities to share the cost of additional expenses
necessary to extend the period of time during which an
area of, or infrastructure on, a unit of Federal
recreational lands and waters is made open to the
public.
(B) In-kind contributions.--The Secretary concerned
may accept in-kind contributions of goods and services
provided by businesses, local governments, or other
entities for purposes of paragraph (1).
Subtitle C--Maintenance of Public Land
SEC. 341. VOLUNTEERS IN THE NATIONAL FORESTS AND PUBLIC LANDS ACT.
The Volunteers in the National Forests Act of 1972 (16 U.S.C. 558a
et seq.) <<NOTE: 16 USC 558a, 558a note-558d note.>> is amended to read
as follows:
``SECTION 1. <<NOTE: 16 USC 558a note.>> SHORT TITLE.
``This Act may be cited as the `Volunteers in the National Forests
and Public Lands Act'.
``SEC. 2. <<NOTE: 16 USC 558a.>> 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. <<NOTE: 16 USC 558b.>> 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.
``SEC. 4. <<NOTE: 16 USC 558c.>> 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
Secretaries. In carrying out this section, the Secretaries shall
consider referrals of prospective volunteers made by the Corporation for
National and Community Service.
``SEC. 5. <<NOTE: 16 USC 558d.>> INCIDENTAL EXPENSES.
``The Secretaries are authorized to provide for incidental expenses,
such as transportation, uniforms, lodging, training, equipment, and
subsistence.
``SEC. 6. <<NOTE: 16 USC 558e.>> CONSIDERATION AS 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
[[Page 138 STAT. 2914]]
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,
United States Code, a volunteer under this Act shall be considered a
Federal employee.
``(c) <<NOTE: Applicability.>> For the purposes of subchapter I of
chapter 81 of title 5, 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) <<NOTE: Applicability.>> 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 section 3721 of title 31, United
States Code, shall apply.
``(e) <<NOTE: Definition.>> For the purposes of subsections (b),
(c), and (d), the term `volunteer' includes a person providing volunteer
services to either of the Secretaries who--
``(1) is recruited, trained, and supported by a cooperator
under a mutual benefit agreement or cooperative agreement with
either of the Secretaries; and
``(2) performs such volunteer services under the supervision
of the cooperator as directed by either of the Secretaries in
the mutual benefit agreement or cooperative agreement in the
mutual benefit agreement, including direction that specifies--
``(A) the volunteer services, including the
geographic 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;
``(C) the on-site visits to be made by 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. <<NOTE: 16 USC 558f.>> PROMOTION OF VOLUNTEER
OPPORTUNITIES.
``The Secretaries shall promote volunteer opportunities in areas
administered by the Secretaries.
``SEC. 8. <<NOTE: 16 USC 558g.>> LIABILITY INSURANCE.
``The Secretaries shall not require a cooperator or volunteer (as
those terms are used in section 6) to have liability insurance to
provide the volunteer services authorized under this Act.''.
SEC. 342. <<NOTE: 16 USC 558a note.>> REFERENCE.
Any reference to the Volunteers in the National Forests Act of 1972
in any law, regulation, map, document, record, or other
[[Page 138 STAT. 2915]]
paper of the United States shall be deemed to be a reference to the
Volunteers in the National Forests and Public Land Act.
Subtitle D--Recreation Not Red Tape
SEC. 351. <<NOTE: 16 USC 8571.>> GOOD NEIGHBOR AUTHORITY FOR
RECREATION.
(a) Definitions.--In this section:
(1) Authorized recreation services.--The term ``authorized
recreation services'' means similar and complementary recreation
enhancement or improvement services carried out--
(A) on Federal land, non-Federal land, or land owned
by an Indian Tribe; and
(B) by either the Secretary or a Governor, Indian
Tribe, or county, as applicable, pursuant to a good
neighbor agreement.
(2) County.--The term ``county'' means--
(A) the appropriate executive official of an
affected county; or
(B) in any case in which multiple counties are
affected, the appropriate executive official of a
compact of the affected counties.
(3) Federal land.--The term ``Federal land'' means land that
is--
(A) owned and administered by the United States as a
part of--
(i) the National Forest System; or
(ii) the National Park System; or
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)).
(4) Recreation enhancement or improvement services.--The
term ``recreation enhancement or improvement services'' means--
(A) establishing, repairing, restoring, improving,
relocating, constructing, or reconstructing new or
existing--
(i) trails or trailheads;
(ii) campgrounds and camping areas;
(iii) cabins;
(iv) picnic areas or other day use areas;
(v) shooting ranges;
(vi) restroom or shower facilities;
(vii) paved or permanent roads or parking
areas that serve existing recreation facilities or
areas;
(viii) fishing piers, wildlife viewing
platforms, docks, or other constructed features at
a recreation site;
(ix) boat landings;
(x) hunting or fishing sites;
(xi) infrastructure within ski areas; or
(xii) visitor centers or other interpretative
sites; and
(B) activities that create, improve, or restore
access to existing recreation facilities or areas.
(5) Good neighbor agreement.--The term ``good neighbor
agreement'' means a cooperative agreement or contract (including
a sole source contract) entered into between the
[[Page 138 STAT. 2916]]
Secretary and a Governor, Indian Tribe, or county, as
applicable, to carry out authorized recreation services under
this title.
(6) Governor.--The term ``Governor'' means the Governor or
any other appropriate executive official of an affected State or
the Commonwealth of Puerto Rico.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
National Park System land and public lands.
(b) Good Neighbor Agreements for Recreation.--
(1) In general.--The Secretary concerned may enter into a
good neighbor agreement with a Governor, Indian Tribe, or county
to carry out authorized recreation services in accordance with
this title.
(2) Public availability.--The Secretary concerned shall make
each good neighbor agreement available to the public.
(3) Financial and technical assistance.--
(A) In general.--The Secretary concerned may provide
financial or technical assistance to a Governor, Indian
Tribe, or county carrying out authorized recreation
services.
(B) Additional treatments of revenue.--Section
8206(b)(2)(C) of the Agricultural Act of 2014 (16 U.S.C.
2113a(b)(2)(C)) is amended to read as follows:
``(C) Treatment of revenue.--
``(i) In general.--Funds received from the
sale of timber by a Governor, Indian Tribe, or
county under a good neighbor agreement shall be
retained and used by the Governor, Indian Tribe,
or county, as applicable--
``(I) to carry out authorized
restoration services on under the good
neighbor agreement; and
``(II) if there are funds remaining
after carrying out clause (i), to carry
out--
``(aa) authorized
restoration services under other
good neighbor agreements; or
``(bb) authorized recreation
services under the Good Neighbor
Authority for Recreation Act.
``(ii) Termination of effectiveness.--The
authority provided under this subparagraph
terminates effective October 1, 2028.''.
(4) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized
recreation services to be provided under this section on Federal
land shall not be delegated to a Governor, Indian Tribe, or
county.
SEC. 352. <<NOTE: 16 USC 8572.>> PERMIT RELIEF FOR PICNIC AREAS.
(a) In General.--If the Secretary concerned does not require the
public to obtain a permit or reservation to access a picnic area on
Federal recreational lands and waters administered by
[[Page 138 STAT. 2917]]
the Forest Service or the Bureau of Land Management, the Secretary
concerned shall not require a covered person to obtain a permit solely
to access the picnic area.
(b) Covered Person Defined.--In this section, the term ``covered
person'' means a person (including an educational group) that provides
outfitting and guiding services to fewer than 40 customers per year at a
picnic area described in subsection (a).
SEC. 353. <<NOTE: 16 USC 8573.>> INTERAGENCY REPORT ON SPECIAL
RECREATION PERMITS FOR UNDERSERVED
COMMUNITIES.
(a) Covered Community Defined.--In this section, the term ``covered
community'' means a rural or urban community, including an Indian Tribe,
that is--
(1) low-income or underserved; and
(2) has been underrepresented in outdoor recreation
opportunities on Federal recreational lands and waters.
(b) Report.--Not later than 3 years after the date of the enactment
of this title, the Secretaries, acting jointly, shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that describes--
(1) the estimated use of special recreation permits serving
covered communities;
(2) examples of special recreation permits, partnerships,
cooperative agreements, or other arrangements providing access
to Federal recreational lands and waters for covered
communities;
(3) other ways covered communities are engaging on Federal
recreational lands and waters, including through stewardship and
conservation projects or activities;
(4) any barriers for existing or prospective recreation
service providers and holders of commercial use authorizations
operating within or serving a covered community; and
(5) any recommendations to facilitate and increase permitted
access to Federal recreational lands and waters for covered
communities.
SEC. 354. MODERNIZING ACCESS TO OUR PUBLIC LAND ACT AMENDMENTS.
The Modernizing Access to Our Public Land Act (16 U.S.C. 6851 et
seq.) is amended--
(1) in section 3(1) (16 U.S.C. 6852(1)), by striking
``public outdoor recreational use'' and inserting ``recreation
sites'';
(2) in section 5(a)(4) (16 U.S.C. 6854(a)(4)), by striking
``permanently restricted or prohibited'' and inserting
``regulated or closed''; and
(3) in section 6(b) (16 U.S.C. 6855(b))--
(A) by striking ``may'' and inserting ``shall''; and
(B) by striking ``the Secretary of the Interior''
and inserting ``the Secretaries''.
SEC. 355. <<NOTE: 16 USC 8574.>> SAVINGS PROVISION.
No additional Federal funds are authorized to carry out the
requirements of this Act and the activities authorized by this Act
[[Page 138 STAT. 2918]]
are subject to the availability of appropriations made in advance for
such purposes.
Approved January 4, 2025.
LEGISLATIVE HISTORY--H.R. 6492:
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HOUSE REPORTS: No. 118-441, Pt. 1 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 170 (2024):
Apr. 9, considered and passed House.
Dec. 19, considered and passed Senate.
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