Union Calendar No. 365
118th CONGRESS 2d Session |
[Report No. 118–441, Part I]
To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes.
November 29, 2023
Mr. Westerman (for himself, Mr. Grijalva, Mr. Curtis, Mr. Neguse, Mr. Lamborn, Ms. Barragán, Mr. Moylan, Mrs. Peltola, Mr. Carl, Ms. Lee of Nevada, Mrs. Radewagen, Ms. Porter, Mr. Wittman, Mr. Sablan, Mrs. Kiggans of Virginia, Mrs. Dingell, Mr. Collins, Ms. Leger Fernandez, Mr. Levin, and Mr. Case) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
April 5, 2024
Additional sponsors: Mr. Tiffany, Mr. Stauber, Mrs. González-Colón, Mr. Gallego, Mr. Duarte, Ms. Hoyle of Oregon, Mr. Fulcher, Mr. Huffman, Ms. Pettersen, Ms. Slotkin, Mr. Moore of Utah, Mr. Newhouse, Mr. Webster of Florida, Ms. Stansbury, Mr. Edwards, Ms. Schrier, Mr. Moskowitz, Mr. Zinke, Mr. Baird, Ms. Norton, Mr. Lieu, Mr. Banks, Mr. Kean of New Jersey, Mr. Yakym, Mrs. McBath, Ms. Scholten, Mr. Lawler, Ms. Tlaib, Mrs. Rodgers of Washington, Ms. Schakowsky, Mr. Vasquez, and Mr. Costa
April 5, 2024
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
April 5, 2024
Committees on Veterans' Affairs and Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on November 29, 2023]
To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) 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.
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.
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.
Sec. 131. Gateway communities.
Sec. 132. Improved recreation visitation data.
Sec. 133. Monitoring for improved recreation decision making.
Sec. 141. Connect Our Parks.
Sec. 142. Broadband internet connectivity at developed recreation sites.
Sec. 143. Public lands telecommunications cooperative agreements.
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.
Sec. 156. Outdoor recreation legacy partnership program.
Sec. 157. American battlefield protection program enhancement.
Sec. 201. Definitions.
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.
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.
Sec. 231. Increasing youth recreation visits to Federal land.
Sec. 232. Every Kid Outdoors Act extension.
Sec. 301. Definitions.
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.
Sec. 331. Extension of seasonal recreation opportunities.
Sec. 341. Volunteers in the National Forests and Public Lands Act.
Sec. 342. Reference.
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.
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).
(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).
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.
(a) Inventory and assessments.—
(1) IN GENERAL.—The Secretary concerned shall—
(2) UNIQUE RECREATION VALUES.—An inventory and assessment conducted under paragraph (1) shall—
(a) Definitions.—Section 200102 of title 54, United States Code, is amended—
(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 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:
Ҥ 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) 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:
“(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:
“(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) 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.
“(5) 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));
“(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;
(c) Clerical amendment.—The table of sections for chapter 2001 of title 54, United States Code, is amended by striking the item relating to section 200104 and inserting the following:
“200104. Federal Interagency Council on Outdoor Recreation”.
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.
(a) Identification of long-Distance trails.—Not later than 18 months after the date of the enactment of this title, the Secretaries shall identify—
(b) Public comment.—The Secretaries shall—
(c) Maps, signage, and promotional materials.—For any long-distance bike trail identified under subsection (a), the Secretary concerned may—
(d) 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
(f) Eminent domain or condemnation.—In carrying out this section, the Secretaries may not use eminent domain or condemnation.
(g) Definitions.—In this section:
(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) 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) 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
(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.
(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) 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) 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)—
(3) ESTABLISHMENT OF NEW TARGET SHOOTING RANGES.—
(A) 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 Bureau of Land Management district under paragraph (2)(A), the Secretary concerned shall—
(B) REQUIREMENTS.—A target shooting range established under this paragraph—
(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—
(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, 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—
(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;
(e) 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.
(a) Definitions.—In this section:
(b) In general.—The Secretary shall—
(c) Requirements related to campsites and related facilities.—The Secretary shall—
(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—
(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:
Ҥ 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—
“(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—
“(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—
“(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—
“(E) ISSUANCES.—The Secretary shall—
“(4) REQUIRED PERMITS.—
“(A) 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—
“(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—
“(B) The person conducts the filming or still photography activity at a location in which the public is allowed.
“(C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area.
“(D) The person does not conduct the filming or still photography activity in a localized area that receives a very high volume of visitation.
“(E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph.
“(F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the applicable System unit.
“(6) CONTENT CREATION.—Regardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation in a System unit shall be considered to be a filming or still photography activity under this subsection.
“(7) EFFECT.—
“(A) PERMITS REQUESTED THOUGH NOT REQUIRED.—On the request of a person intending to carry out a filming or still photography activity, the Secretary may issue a permit for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section.
“(B) NO ADDITIONAL PERMITS, COMMERCIAL USE AUTHORIZATIONS, OR FEES FOR FILMING AND STILL PHOTOGRAPHY AT AUTHORIZED EVENTS.—A filming or still photography activity at an activity or event that is allowed or authorized, including a wedding, engagement party, family reunion, or celebration of a graduate, shall be considered merely incidental for the purposes of paragraph (2)(B).
“(b) Fees and recovery costs.—
“(1) FEES.—The reasonable fees referred to in subsection (a)(4) shall meet each of the following criteria:
“(2) RECOVERY OF COSTS.—
“(c) Protection of resources.—The Secretary shall not allow a person to undertake a filming or still photography activity if the Secretary determines that—
“(1) there is a likelihood that the person would cause resource damage at the System unit, except as otherwise authorized;
“(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—
(2) CLERICAL AMENDMENT.—The table of sections for chapter 1009 of title 54, United States Code, is amended by striking the item relating to section 100905 and inserting the following:
“100905. Filming and still photography in System units.”.
(b) Filming on other federal land.—Public Law 106–206 (16 U.S.C. 460l–6d) is amended by striking section 1 and inserting the following:
“SEC. 1. Filming and still photography.
“(a) Filming and still photography.—
“(1) IN GENERAL.—The Secretary concerned shall ensure that a filming or still photography activity or similar project at a Federal land management unit (referred to in this section as a ‘filming or still photography activity’) and the authorizing or permitting of a filming or still photography activity are carried out consistent with—
“(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—
“(3) FILMING AND STILL PHOTOGRAPHY AUTHORIZATIONS FOR DE MINIMIS USE.—
“(A) IN GENERAL.—The Secretary concerned shall establish a de minimis use authorization for certain filming or still photography activities that meets the requirements described in subparagraph (F).
“(B) POLICY.—For a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary concerned—
“(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—
“(E) ISSUANCES.—The Secretary concerned shall—
“(4) REQUIRED PERMITS.—
“(A) 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—
“(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;
“(B) The person conducts the filming or still photography activity at a location in which the public is allowed.
“(C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area.
“(D) The person does not conduct the filming or still photography activity in a localized area that receives a very high volume of visitation.
“(E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph.
“(F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the Federal land management unit.
“(6) CONTENT CREATION.—Regardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a Federal land management unit shall be considered to be a filming or still photography activity under this subsection.
“(7) EFFECT.—
“(A) PERMITS REQUESTED THOUGH NOT REQUIRED.—On the request of a person intending to carry out a filming or still photography activity, the Secretary concerned may issue a permit for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section.
“(B) NO ADDITIONAL PERMITS, COMMERCIAL USE AUTHORIZATIONS, OR FEES FOR FILMING AND STILL PHOTOGRAPHY AT AUTHORIZED EVENTS.—A filming or still photography activity at an activity or event that is allowed or authorized, including a wedding, engagement party, family reunion, or celebration of a graduate, shall be considered merely incidental for the purposes of paragraph (2)(B).
“(b) Fees and recovery costs.—
“(1) FEES.—The reasonable fees referred to in subsection (a)(4) shall meet each of the following criteria:
“(2) RECOVERY OF COSTS.—
“(c) Protection of resources.—The Secretary concerned shall not allow a person to undertake a filming or still photography activity if the Secretary concerned determines that—
“(1) there is a likelihood that the person would cause resource damage at the Federal land management unit, except as otherwise authorized;
“(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—
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”.
(a) 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—
(b) 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.
(c) 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.
(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.
(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)).
(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;
(3) PARTNERSHIPS.—The Secretaries may enter into a partnership to lead, collaborate with, or provide technical assistance to a partner—
(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.
(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.
(a) Assessment of impacts and needs in gateway communities.—Using existing funds available to the Secretaries, the Secretaries—
(1) shall collaborate with State and local governments, Indian Tribes, housing authorities, applicable trade associations, nonprofit organizations, private entities, and other relevant stakeholders to identify needs and economic impacts in gateway communities, including—
(D) the expansion and diversification of visitor experiences by bolstering the visitation at—
(2) may address a need identified under paragraph (1) by—
(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.
(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—
(b) Real-Time data pilot program.—
(1) IN GENERAL.—Not later than 5 years after the date of the enactment of this title, using existing funds available to the Secretaries, the Secretaries shall carry out a pilot program, to be known as the “Real-Time Data Pilot Program” (referred to in this section as the “Pilot Program”), to make available to the public, for each unit of Federal recreational lands and waters selected for participation in the Pilot Program under paragraph (2)—
(A) real-time or predictive data on visitation (including data and resources publicly available from existing nongovernmental platforms) at—
(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—
(ii) 5 units of Federal recreational lands and waters managed by the Secretary of Agriculture (acting through the Chief of the Forest Service);
(B) 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 unit of Federal recreational lands and waters in the Pilot Program.
(c) Community partners and third-Party providers.—For purposes of carrying out this section, the Secretary concerned may—
(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;
(f) 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
(2) SECRETARIES.—The term “Secretaries” means—
(B) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to lands under the jurisdiction of the Forest Service;
(a) In general.—The Secretaries shall seek to capture comprehensive recreation use data to better understand and inform decision making by the Secretaries.
(b) 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—
(2) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to lands under the jurisdiction of the Forest Service;
(a) Definitions.—In this section:
(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).
(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—
(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—
(c) Plan.—
(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)—
(3) REQUIREMENTS.—The plan developed under paragraph (1) shall—
(B) provide for infrastructure providing broadband internet access service or cellular service to be located in—
(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.
(a) 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—
(b) 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;
(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—
(2) 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) 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;
(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:
(c) 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.
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)—
(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.
“(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;
Section 101703 of title 54, United States Code, is amended to read as follows:
Ҥ 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) 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.
“(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.—
“(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)).”.
(a) Definitions.—In this section:
(1) COVERED ACTIVITY.—The term “covered activity” means—
(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.—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—
(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;
(2) AGREEMENTS AND LAND USE AUTHORIZATIONS.—An agreement or land use authorization under subsection (b) shall—
(B) 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) provide for payment to the Federal Government of a fee or a sharing of revenue—
(i) consistent with—
(I) the land use fee for a special use permit authorized under section 7 of the Act of April 24, 1950 (commonly known as the “Granger-Thye Act”) (64 Stat. 84, chapter 97; 16 U.S.C. 580d); or
(ii) 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;
(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.
(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—
(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—
(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;
(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—
(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—
(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—
(C) would use an innovative funding or financing model that leverages—
(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—
(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.—
(d) Project agreements.—
(1) IN GENERAL.—Notwithstanding the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498), or subtitle C of title XX of the Social Security Act (42 U.S.C. 1397n et seq.), in carrying out the pilot program under this section, the Secretary of Agriculture may enter into a pay-for-performance agreement under which a pay-for-performance beneficiary, pay-for-performance investor, or pay-for-performance project developer agrees to pay for or finance all or part of a pay-for-performance project.
(2) SIZE LIMITATION.—The Secretary of Agriculture may not enter into a pay-for-performance agreement under the pilot program under this section for a pay-for-performance project valued at more than $15,000,000.
(3) FINANCING.—
(A) IN GENERAL.—A pay-for-performance agreement shall specify the amounts that a pay-for-performance beneficiary or a pay-for-performance project developer agrees to pay to a pay-for-performance investor or a pay-for-performance project developer, as appropriate, in the event of an independent evaluator determining pursuant to subsection (e) the degree to which a project outcome has been achieved.
(B) ELIGIBLE PAYMENTS.—An amount described in subparagraph (A) shall be—
(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;
(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—
(4) MAINTENANCE AND DECOMMISSIONING OF PAY-FOR-PERFORMANCE PROJECT IMPROVEMENTS.—A pay-for-performance agreement shall—
(A) include a plan for maintaining any capital improvement constructed as part of a pay-for-performance project after the date on which the pay-for-performance project is completed; and
(5) TERMINATION OF PAY-FOR-PERFORMANCE PROJECT AGREEMENTS.—The Secretary of Agriculture may unilaterally terminate a pay-for-performance agreement, in whole or in part, for any program year beginning after the program year during which the Secretary of Agriculture provides to each party to the pay-for-performance agreement a notice of the termination.
(e) Independent evaluations.—
(1) PROGRESS REPORTS.—An independent evaluator shall submit to the Secretary of Agriculture and each party to the applicable pay-for-performance agreement—
(A) by not later than 2 years after the date on which the pay-for-performance agreement is executed, and at least once every 2 years thereafter, a written report that summarizes the progress that has been made in achieving each project outcome; and
(B) before the first scheduled date for a payment described in subsection (d)(3)(A), and each subsequent date for payment, a written report that—
(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—
(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.
(g) Savings clause.—The Secretary of Agriculture shall approve a record of decision, decision notice, or decision memo for any activities to be carried out on National Forest System land as part of a pay-for-performance project before the Secretary of Agriculture may enter into a pay-for-performance agreement involving the applicable pay-for-performance project.
(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.
(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).
(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—
(2) MATCHING REQUIREMENT.—
(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;
(D) support park and recreation programming provided by local governments, including cooperative agreements with community-based eligible nonprofit organizations;
(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—
(C) CONVERSION TO OTHER THAN PUBLIC OUTDOOR RECREATION USE.—
(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—
(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—
(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.
(a) Definitions.—Section 308101 of title 54, United States Code, is amended to read as follows:
“In this chapter:
“(1) SECRETARY.—The term ‘Secretary’ means the Secretary, acting through the American Battlefield Protection Program.
(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:
(2) in subsection (b), by striking “State and local governments” and inserting “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—
(2) by striking subsection (b) and inserting the following:
(e) Updates and improvements.—Chapter 3081 of title 54, United States Code, is amended by adding at the end the following:
Ҥ 308106. Updates and improvements to Battlefield Reports
“Not 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;
(f) Clerical amendment.—The table of sections for chapter 3081 of title 54, United States Code, is amended as follows:
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.
(a) Assessment.—Not later than 5 years after the date of the enactment of this title, the Secretary concerned shall—
(1) 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—
(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).
(a) Assessment.—Not later than 7 years after the date of the enactment of this title, the Secretary concerned shall—
(b) Selection.—The Secretary concerned shall select high-priority trails to be assessed under subsection (a)(1)—
(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) 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).
(e) 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.
(a) 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—
(3) make minor modifications to existing trails to enhance recreational experiences for individuals with disabilities using assistive technology—
(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).
(a) 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—
(b) Development.—In developing an accessible trail under subsection (a), the Secretary concerned—
(2) shall—
(A) consult with stakeholders with respect to the feasibility and resources necessary for completing the accessible trail;
(B) 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 (42 U.S.C. 4151 et seq.) and section 504 of the Rehabilitation Act (29 U.S.C. 794).
(c) 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) 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
(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
(f) Reports.—
(1) 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.
(a) 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—
(b) Development.—In developing an accessible recreation opportunity under subsection (a), the Secretary concerned—
(2) shall—
(A) consult with stakeholders with respect to the feasibility and resources necessary for completing the accessible recreation opportunity;
(B) 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—
(d) 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) 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
(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—
(g) Reports.—
(1) 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.
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.
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).
Not 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);
(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;
(a) 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—
(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;
(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, 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—
(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;
Section 804(d) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6803(d)), is amended—
(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—
(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—
(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:
(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)—
Section 9001(b) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (Public Law 116–9) is amended—
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.
(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).
(a) Definitions.—Section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) is amended—
(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;
(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—
“(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—
(b) Special recreation permits and fees.—Section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended—
(3) by striking subsection (h) and inserting the following:
“(h) Special recreation permits and fees.—
“(1) SPECIAL RECREATION PERMITS.—
“(A) APPLICATIONS.—The Secretary—
“(B) ISSUANCE OF PERMITS.—On review of a completed application developed under subparagraph (A), as applicable, and a determination by the Secretary that the applicant is eligible for the special recreation permit, the Secretary may issue to the applicant a special recreation permit, subject to any terms and conditions that are determined to be necessary by the Secretary.
“(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—
“(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—
“(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—
“(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—
“(ii) The difference between—
“(I) the total cost paid by the participants of the trip or event for the trip or event to the recreation service provider, including any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit; and
“(II) the sum of—
“(aa) the amount of any revenues from goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider to the participants of the applicable trip or event;
“(bb) the amount of any costs or revenues from services and activities provided or sold by the recreation service provider to the participants of the trip or event that occurred in a location other than the Federal recreational lands and waters covered by the special recreation permit (including costs for travel and lodging outside the Federal recreational lands and waters covered by the special recreation permit); and
“(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—
“(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—
“(2) NOTICE OF USES OF RECREATION FEES.—Beginning on January 1, 2026, the Secretary shall annually post, at the location at which a recreation fee described in paragraph (1)(A) is collected, clear notice of—
“(3) NOTICE OF RECREATION FEE PROJECTS.—To the extent practicable, the Secretary shall post clear notice at the location at which work is performed using recreation fee and recreation pass revenues collected under this section.
“(4) CENTRALIZED REPORTING ON AGENCY WEBSITES.—
“(A) IN GENERAL.—Not later than January 1, 2025, and not later than 60 days after the beginning of each fiscal year thereafter, the Secretary shall post on the website of the applicable Federal land management agency a searchable list of each use during the preceding fiscal year of the recreation fee or recreation pass revenues collected under this section.
(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—
(e) Reauthorization.—Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended by striking “2019” and inserting “2031”.
(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) during the period beginning on January 1, 2021, and ending on January 1, 2025—
(2) 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) 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 in paragraph (1) in a manner consistent with the authorities and requirements in this title; and
(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—
(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).
(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) 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—
(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—
(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—
(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—
(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).
(a) In general.—The Secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by 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;
(c) 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—
(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.
(a) Permit availability.—
(1) NOTIFICATIONS OF PERMIT AVAILABILITY.—
(A) IN GENERAL.—Except as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary concerned 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) 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—
(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 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—
(a) Repeal.—Section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), is repealed.
(b) Cooperative action and sharing of resources by the secretaries of the interior and agriculture.—
(1) IN GENERAL.—For fiscal year 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;
(2) DELEGATIONS OF AUTHORITY.—The Secretaries may make reciprocal delegations of the respective authorities, duties, and responsibilities of the Secretaries in support of the Service First Initiative agency-wide to promote customer service and efficiency.
(3) EFFECT.—Nothing in this section alters, expands, or limits the applicability of any law (including regulations) to land administered by the Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or the Forest Service or matters under the jurisdiction of any other bureaus or offices of the Department of the Interior or the Department of Agriculture, as applicable.
(4) TRANSFERS OF FUNDING.—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.
(c) Pilot program for special recreation permits for multijurisdictional trips.—
(1) 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) 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) designate a lead agency for issuing and administering a set of separate special recreation permits or commercial use authorizations; and
(4) RETENTION OF AUTHORITY BY THE APPLICABLE SECRETARY.—Each of the Secretaries shall retain the authority to enforce the terms, stipulations, conditions, and agreements in a 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) 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) 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) 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).
(a) 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.
(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—
(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) Adjustments following use of allocation reviews.—On 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 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.
(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—
(2) EXCEPTION.—The Secretary concerned shall not require a holder of a special recreation permit or commercial use authorization for low-risk activities, as determined by the Secretary concerned, including commemorative ceremonies and participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated, to comply with the requirements of paragraph (1).
(b) Indemnification by governmental entities.—The Secretary concerned shall not require a State, State agency, State institution, or political subdivision of a State to indemnify the United States for tort liability as a condition for issuing a special recreation permit or commercial use authorization to the extent the State, State agency, State institution, or political subdivision of a State is precluded by State law from providing indemnification to the United States for tort liability, if the State, State agency, State institution, or political subdivision of the State maintains the minimum amount of liability insurance coverage required by the Federal land management agency for the activities conducted under the special recreation permit or commercial use authorization in the form of—
(1) a commercial general liability insurance policy, which includes the United States as an additional insured in an endorsement to the policy, if the State is authorized to obtain commercial general liability insurance by State law;
(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—
(3) CONSISTENCY.—Not later than 2 years after the date of the enactment of this title, the Secretaries shall—
(A) 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) 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.
(a) Cost recovery for special recreation permits.—In addition to a fee collected under section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) or any other authorized fee collected by the Secretary concerned, the Secretary concerned may assess and collect a reasonable fee from an applicant for, or holder of, a special recreation permit to recover administrative costs incurred by the Secretary concerned for—
(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—
(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—
(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. 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.
“(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).
(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—
“(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:
(c) Entrance pass and amenity fees.—Section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title) is amended by adding at the end the following:
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.
(a) Definition of seasonal closure.—In this section, the term “seasonal closure” means any period during which—
(b) Coordination.—
(1) 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—
(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—
(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—
(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—
(5) 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.—
(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.
The Volunteers in the National Forests Act of 1972 (16 U.S.C. 558a et seq.) is amended to read as follows:
“This Act may be cited as the “Volunteers in the National Forests and Public Lands Act”.
“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.
“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.
“The Secretaries are authorized to provide for incidental expenses, such as transportation, uniforms, lodging, training, equipment, and subsistence.
“SEC. 6. 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 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) 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) 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) 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;
(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—
(3) FEDERAL LAND.—The term “Federal land” means land that is—
(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—
(5) GOOD NEIGHBOR AGREEMENT.—The term “good neighbor agreement” means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a Governor, Indian Tribe, or county, as applicable, to carry out authorized recreation services under this title.
(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:
(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.
(a) In general.—If the Secretary concerned does not require the public to obtain a permit or reservation to access a picnic area on Federal recreational lands and waters administered by the 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.
(a) Covered community defined.—In this section, the term “covered community” means a rural or urban community, including an Indian Tribe, that is—
(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—
(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;
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))—
Union Calendar No. 365 | |||||
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[Report No. 118–441, Part I] | |||||
A BILL | |||||
To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes. | |||||
April 5, 2024 | |||||
Reported from the Committee on Natural Resources with an amendment | |||||
April 5, 2024 | |||||
Committees on Veterans' Affairs and Agriculture discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed |