[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3527 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3527
To promote innovative approaches to outdoor recreation on Federal land
and to increase opportunities for collaboration with non-Federal
partners, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2021
Mr. Moore of Utah (for himself, Mr. Young, Mrs. Dingell, and Mr.
Kilmer) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Agriculture, Transportation and Infrastructure, Energy and Commerce,
and Armed Services, 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
_______________________________________________________________________
A BILL
To promote innovative approaches to outdoor recreation on Federal land
and to increase opportunities for collaboration with non-Federal
partners, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Recreation Not Red
Tape Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sense of Congress regarding outdoor recreation.
TITLE I--MODERNIZING RECREATION PERMITTING
Sec. 101. Definitions.
Sec. 102. Special recreation permit and fee.
Sec. 103. Permitting process improvements.
Sec. 104. Permit flexibility.
Sec. 105. Permit administration.
Sec. 106. Permits for multijurisdictional trips.
Sec. 107. Forest Service permit use reviews.
Sec. 108. Liability.
Sec. 109. Cost recovery reform.
Sec. 110. Extension of special recreation permits.
Sec. 111. Availability of Federal and State recreation passes.
Sec. 112. Online purchases of America the Beautiful--the National Parks
and Federal Recreational Lands Pass.
Sec. 113. Effect.
TITLE II--ACCESSING THE OUTDOORS
Sec. 201. Access for servicemembers and veterans.
TITLE III--MAKING RECREATION A PRIORITY
Sec. 301. Extension of seasonal recreation opportunities.
Sec. 302. Recreation performance metrics.
Sec. 303. Recreation mission.
Sec. 304. National Recreation Area System.
TITLE IV--MAINTENANCE OF PUBLIC LAND
Subtitle A--Volunteers
Sec. 401. Private-sector volunteer enhancement program.
Subtitle B--Priority Trail Maintenance
Sec. 411. Interagency trail management.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land management agency.--The term ``Federal
land management agency'' has the meaning given the term in
section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801).
(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) Secretaries.--Except as otherwise provided in this Act,
the term ``Secretaries'' means--
(A) the Secretary of the Interior; and
(B) the Secretary of Agriculture.
SEC. 3. SENSE OF CONGRESS REGARDING OUTDOOR RECREATION.
It is the sense of Congress that--
(1) outdoor recreation and the outdoor industry that
outdoor recreation supports are vital to the United States;
(2) access to outdoor recreation on Federal recreational
lands and waters is important to the health and wellness of all
people of the United States, especially families and young
people;
(3) in addition to the overall economic benefit of outdoor
recreation, the economic benefits of outdoor recreation on
Federal recreational lands and waters creates significant
economic and employment benefits to rural economies;
(4) Congress supports the creation of outdoor recreation
sector leadership positions within State governments, as well
as coordination with recreation and tourism organizations
within the State to guide the growth of this sector, as
evidenced by recent examples in the States of Colorado, Utah,
and Washington;
(5) State and local recreation and tourism offices play a
pivotal role in--
(A) coordinating State outdoor recreation policies,
management, and promotion among Federal, State, and
local agencies and entities;
(B) disseminating information, increasing
awareness, and growing demand for outdoor recreation
experiences among visitors across the United States and
throughout the world;
(C) improving funding for, access to, and
participation in outdoor recreation; and
(D) promoting economic development in the State by
coordinating with stakeholders, improving recreational
opportunities, and recruiting outdoor recreation
businesses;
(6) it is vital--
(A) to support the coordination and collaboration
of the Federal and State land and water management
agencies in the delivery of visitor services and
management of outdoor recreation for the United States;
and
(B) provide adequate staffing within Federal land
management agencies to facilitate sustainable and
accessible outdoor recreation opportunities; and
(7) volunteers and volunteer partnerships play an important
role in maintaining public land.
TITLE I--MODERNIZING RECREATION PERMITTING
SEC. 101. DEFINITIONS.
In this title:
(1) Associated agency.--The term ``associated agency''
means the Federal land management agency, other than the lead
agency, that manages a public land unit that is the subject of
a single joint special recreation permit under section 106.
(2) Lead agency.--With respect to a single joint special
recreation permit application submitted under section 106(a),
the term ``lead agency'' means the Federal land management
agency designated to administer the single joint special
recreation permit under section 106(a)(2).
(3) Long-term special recreation permit.--The term ``long-
term special recreation permit'' means--
(A) for a public land unit managed by the Forest
Service, a priority use permit; and
(B) for a public land unit managed by the Bureau of
Land Management, a multiyear special recreation permit.
(4) Multijurisdictional trip.--The term
``multijurisdictional trip'' means a trip that--
(A) uses 2 or more public land units; and
(B) is under the jurisdiction of 2 or more Federal
land management agencies.
(5) Public land unit.--The term ``public land unit''
means--
(A) a unit of the National Forest System;
(B) a unit of the National Park System;
(C) a unit of the National Wildlife Refuge System;
(D) a district of the Bureau of Land Management;
and
(E) a project of the Bureau of Reclamation.
(6) 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).
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to a
public land unit described in paragraph (5)(A); and
(B) the Secretary of the Interior, with respect to
a public land unit described in subparagraph (B), (C),
(D), or (E) of paragraph (5).
(8) 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).
SEC. 102. SPECIAL RECREATION PERMIT AND FEE.
(a) Definitions.--Section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) is amended--
(1) in paragraph (1), by striking ``section 3(f)'' and
inserting ``803(f)'';
(2) in paragraph (2), by striking ``section 3(g)'' and
inserting ``section 803(g)'';
(3) in paragraph (6), by striking ``section 5'' and
inserting ``section 805'';
(4) in paragraph (9), by striking ``section 5'' and
inserting ``section 805'';
(5) in paragraph (12), by striking ``section 7'' and
inserting ``section 807'';
(6) in paragraph (13), by striking ``section 3(h)'' and
inserting ``section 803(h)'';
(7) 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 moving the paragraphs so as to appear in
numerical order;
(8) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Recreation service provider.--The term `recreation
service provider' means an individual or entity that--
``(A) provides outfitting, guiding, or other
recreation services; or
``(B) conducts recreational or competitive events,
including incidental sales.''; and
(9) by inserting after paragraph (12) the following:
``(13) Special recreation permit.--The term `special
recreation permit' means a permit issued by a Federal land
management agency for specialized individual or group uses of
Federal recreational lands and waters, including for--
``(A) outfitting, guiding, or other recreation
services;
``(B) recreation or competitive events, which may
include incidental sales;
``(C) the use of--
``(i) a special area; or
``(ii) an area in which use is allocated;
``(D) motorized recreation vehicle use in
compliance with an applicable travel management plan or
other regulation; and
``(E) a group activity or event.''.
(b) Special Recreation Permit and Fee.--Section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended--
(1) in subsection (b)(5), by striking ``section 4(d)'' and
inserting ``section 804(d)''; and
(2) by striking subsection (h) and inserting the following:
``(h) Special Recreation Permit and Fee.--
``(1) Special recreation permit.--The Secretary may issue a
special recreation permit for specialized individual or group
uses of Federal recreational lands and waters.
``(2) Special recreation permit fee.--
``(A) In general.--The Secretary may charge a
special recreation permit fee in connection with the
issuance of a special recreation permit under paragraph
(1).
``(B) Fees for certain lands.--
``(i) In general.--Subject to clauses (ii)
and (iii), a special recreation permit fee
under subparagraph (A) for use of Federal
recreational lands and waters managed by the
Forest Service, the Bureau of Land Management,
the Bureau of Reclamation, or the United States
Fish and Wildlife Service shall not exceed the
difference between--
``(I) the sum of--
``(aa) 3 percent of the
annual gross revenue of the
recreation service provider for
all activities authorized by
the special recreation permit;
and
``(bb) any applicable
revenue addition; and
``(II) any applicable revenue
exclusion.
``(ii) Exclusion of certain revenues and
payments.--In calculating the amount of a fee
for a special recreation permit under clause
(i), the Secretary shall exclude--
``(I) revenue from goods, services,
souvenirs, merchandise, gear, food, and
activities provided or sold by a
special recreation permit holder in a
location other than the Federal
recreational lands and waters covered
by the permit, including transportation
costs, lodging, and any other service
before or after a trip; and
``(II) revenue from any
recreational services provided by a
special recreation permit holder for
activities on Federal recreational
lands and waters for which a separate
permit is issued.
``(iii) Alternative per-person fee.--
``(I) In general.--For Federal
recreational lands and waters managed
by the Forest Service, the Bureau of
Land Management, the Bureau of
Reclamation, or the United States Fish
and Wildlife Service, the Secretary may
charge a per-person fee in connection
with the issuance of a special
recreation permit under paragraph (1).
``(II) Amount of fee.--The total
amount charged by the Secretary in
connection with the issuance of a
special recreation permit under
paragraph (1) using a per-person fee
under subclause (I) shall be comparable
to the amount the Secretary may charge
for a special recreation permit fee
under subparagraph (A) and clauses (i)
and (ii).
``(iv) Effect.--Nothing in this
subparagraph affects any fee for a commercial
use authorization for use of Federal
recreational lands and waters managed by the
National Park Service.
``(C) Disclosure of fees.--A special recreation
permit holder may inform customers of any fee charged
by the Secretary under this section.
``(3) Report.--
``(A) In general.--The Secretary shall make
available to holders of special recreation permits
under paragraph (1) and the public an annual report
describing the use of fees collected by the Secretary
under paragraph (2).
``(B) Requirements.--The report under subparagraph
(A) shall include a description of how the fees are
used in each public land unit (as defined in section
101 of the Recreation Not Red Tape Act) administered by
the Secretary, including an identification of the
amounts used for specific activities within the public
land unit.''.
(c) Use of Special Recreation Permit Revenue.--Section 808 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended--
(1) in subsection (a)(3)(F), by striking ``section 6(a)''
and inserting ``section 806(a)'';
(2) in subsection (d), by striking ``section 5'' each place
it appears and inserting ``section 805'';
(3) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(4) by inserting after subsection (a) the following:
``(b) Use of Special Recreation Permit Fee Revenue.--Revenue from a
special recreation permit fee may be used for--
``(1) the purposes described in subsection (a); and
``(2) expenses--
``(A) associated with processing applications for
special recreation permits; and
``(B) incurred in the improvement of the operation
of the special recreation permit system.''.
(d) Permanent Authorization.--Section 810 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6809) is amended--
(1) by striking ``The authority'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), the
authority''; and
(2) by adding at the end the following:
``(b) Applicability.--Subsection (a) shall not apply to--
``(1) section 802;
``(2) subsection (d)(2) or (h) of section 803; or
``(3) subsection (a), (b), or (c) of section 808.''.
SEC. 103. PERMITTING PROCESS IMPROVEMENTS.
(a) In General.--To simplify the process of the issuance and
renewal of special recreation permits and reduce the cost of
administering special recreation permits, the Secretary concerned
shall--
(1) not later than 180 days after the date of enactment of
this Act--
(A) evaluate the special recreation permitting
process; and
(B) identify opportunities--
(i) to eliminate duplicative processes;
(ii) to reduce costs; and
(iii) to decrease processing times; and
(2) not later than 180 days after the date on which the
Secretary concerned completes the evaluation and identification
processes under paragraph (1), revise, as necessary, relevant
agency regulations and policy statements to implement the
improvements identified under paragraph (1)(B).
(b) Categorical Exclusions.--
(1) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Secretary concerned shall evaluate
whether 1 or more additional categorical exclusions developed
in compliance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) would reduce processing times or
costs for the issuance or renewal of special recreation permits
without significantly affecting the quality of the human
environment.
(2) Establishment of categorical exclusions.--If the
Secretary concerned determines under paragraph (1) that 1 or
more additional categorical exclusions would reduce processing
times or costs for the issuance or renewal of special
recreation permits without significantly affecting the quality
of the human environment, the Secretary concerned shall--
(A) establish those categorical exclusions in
compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(B) fully document that a category of actions will
not individually or cumulatively have a significant
effect on the human environment; and
(C) revise relevant regulations and policy
statements of applicable Federal agencies to
incorporate those categorical exclusions.
(3) Administration.--
(A) In general.--In administering a categorical
exclusion established under paragraph (2), the
Secretary concerned shall comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) (including regulations promulgated under that
Act).
(B) Extraordinary circumstances.--In determining
whether to use a categorical exclusion established
under paragraph (2), the Secretary concerned shall
apply the extraordinary circumstances procedures
described in, as applicable--
(i) section 220.6 of title 36, Code of
Federal Regulations (or a successor
regulation); and
(ii) section 46.215 of title 43, Code of
Federal Regulations (or a successor
regulation).
(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 this Act.
(d) Online Applications.--The Secretary concerned shall make
applications for special recreation permits available to be completed
and submitted online unless the Secretary concerned determines that
making the applications available for completion and submission online
would not improve the efficiency or accessibility of the permitting
process.
SEC. 104. PERMIT FLEXIBILITY.
(a) Substantially Similar Activities.--The Secretary concerned
shall establish a permit administration protocol that authorizes, to
the maximum extent practicable, a permittee issued a special recreation
permit for a public land unit to engage in a recreational activity that
is substantially similar to the specific activity authorized under the
special recreation permit, if the substantially similar 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 authorized activity;
(3) does not adversely affect any other permittee issued a
special recreation permit for the applicable public land unit;
(4) does not involve the use of a motor, including an
electric motor, for a previously nonmotorized use; and
(5) is consistent with any laws (including regulations) and
land use or management plans that apply to the applicable
public land unit.
(b) Voluntary Return of Surplus Service Days.--The Secretary
concerned shall establish a program to allow a permittee issued a
special recreation permit for a public land unit to voluntarily and
temporarily return to the Secretary concerned 1 or more service days,
to be made available to any other existing or potential permittee.
(c) Forest Service and Bureau of Land Management Temporary Special
Recreation Permits.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, 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 lands and waters managed by the
Forest Service and the Bureau of Land Management.
(2) 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.
(3) 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.
(4) 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).
SEC. 105. PERMIT ADMINISTRATION.
(a) Permit Availability.--
(1) Notification of permit availability.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), if the Secretary concerned
has determined that the Department of Agriculture or
the Department of the Interior, as applicable, is able
to issue new special recreation permits to recreation
service providers seeking to use a public land unit,
the Secretary concerned shall publish that information
on the website of the agency that administers the
relevant public land unit.
(B) Exception for certain permits.--With respect to
a public land unit managed by the Forest Service or the
Bureau of Land Management, subparagraph (A) shall apply
only to a long-term special recreation permit for the
public land unit.
(C) Exception for renewals and reissuances.--
Subparagraph (A) shall not apply to--
(i) a renewal or reissuance of an existing
special recreation permit; or
(ii) a new special recreation permit issued
to the purchaser of a recreation service
provider that is the holder of an existing
special recreation permit.
(D) Effect.--Nothing in this paragraph creates a
prerequisite to the issuance of a special recreation
permit or otherwise limits the authority of the
Secretary concerned--
(i) to issue a new special recreation
permit;
(ii) to add a new or additional use to an
existing special recreation permit; or
(iii) to make special recreation permits
available to members of the public.
(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 notification.--The Secretary concerned
shall--
(A) establish a system by which potential special
recreation permit applicants may subscribe to receive
notification of the availability of special recreation
permits by electronic mail; and
(B) direct employees of the Department of
Agriculture or the Department of the Interior, as
applicable, to use that system to notify the public of
the availability of special recreation permits.
(b) Permit Application Acknowledgment.--Not later than 60 days
after the date on which the Secretary of the Interior receives a
completed application or the Secretary of Agriculture receives a
complete proposal for a special recreation permit for a public land
unit, the Secretary concerned shall--
(1) provide to the applicant notice acknowledging receipt
of the application or proposal; and
(2)(A) issue a final decision with respect to the
application or proposal; or
(B) provide to the applicant notice of a projected date for
a final decision on the application or proposal.
SEC. 106. PERMITS FOR MULTIJURISDICTIONAL TRIPS.
(a) Single Joint Special Recreation Permits.--
(1) In general.--In the case of a multijurisdictional trip,
the Federal land management agencies with jurisdiction over the
multijurisdictional trip may offer to the applicant a single
joint special recreation permit that authorizes the use of each
public land unit under the jurisdiction of those Federal land
management agencies.
(2) Lead agency.--In offering a single joint special
recreation permit under paragraph (1), the applicable Federal
land management agencies shall designate a lead agency for
administering the single joint special recreation permit based
on the following considerations:
(A) The length of the multijurisdictional trip and
the relative portions of the multijurisdictional trip
on each public land unit.
(B) The congressional or administrative
designations that apply to the areas to be used during
the multijurisdictional trip and the degree to which
those designations impose limitations on recreational
use.
(C) The relative ability of the Federal land
management agencies with jurisdiction over any public
land unit affected by the multijurisdictional trip to
process the single joint special recreation permit
application in a timely manner.
(D) Other relevant administrative considerations.
(3) Application.--An applicant desiring to be offered a
single joint special recreation permit under paragraph (1)
shall submit to the lead agency an application, as required by
the lead agency.
(4) Option to apply for separate permits.--An applicant for
a special recreation permit for a multijurisdictional trip may
apply to each applicable Federal land management agency for a
separate permit for the portion of the multijurisdictional trip
on the public land unit managed by each applicable Federal land
management agency.
(b) Requirements.--In issuing a single joint special recreation
permit under subsection (a), the lead agency shall--
(1) coordinate with each associated agency, consistent with
the authority of the Secretary concerned under section 330 of
the Department of the Interior and Related Agencies
Appropriations Act, 2001 (43 U.S.C. 1703), to develop and issue
1 joint permit that covers the entirety of the
multijurisdictional trip;
(2) in processing the joint special recreation permit
application, incorporate the findings, interests, and needs of
each associated agency;
(3) in issuing the joint special recreation permit, clearly
identify the agencies that have the authority to enforce the
terms, stipulations, conditions, and agreements of the joint
special recreation permit, as determined under subsection (d);
and
(4) complete the permitting process within a reasonable
timeframe.
(c) Cost Recovery.--Coordination with each associated agency under
subsection (b) shall not be subject to cost recovery.
(d) Enforcement Authority.--
(1) Delegation of authority to lead agency.--In
administering a single joint special recreation permit under
subsection (a), each associated agency shall delegate to the
lead agency the authority--
(A) to enforce the terms, stipulations, conditions,
and agreements of the joint special recreation permit,
as may be required by each associated agency; and
(B) to suspend, terminate, or revoke the joint
special recreation permit for--
(i) noncompliance with Federal, State, or
local laws (including regulations);
(ii) noncompliance with the terms of the
joint special recreation permit; or
(iii) failure of the holder of the joint
special recreation permit to exercise the
privileges granted by the joint special
recreation permit.
(2) Retention of authority by the associated agency.--The
associated agency shall retain the authority to enforce the
terms, stipulations, conditions, and agreements in the joint
special recreation permit that apply specifically to the use
occurring on the public land unit managed by the associated
agency.
(e) Withdrawal.--
(1) In general.--The lead agency or an associated agency
may withdraw from a joint special recreation permit at any
time.
(2) Issuance of separate permits.--
(A) In general.--In the case of a withdrawal by 1
or more agencies under paragraph (1), if the holder of
the joint special recreation permit is in compliance
with the requirements of the joint special recreation
permit, the lead agency and each associated agency
shall issue to the holder of the joint special
recreation permit a new, separate special recreation
permit for any use occurring on the public land unit
managed by the agency.
(B) Requirements.--A special recreation permit
issued under subparagraph (A) shall contain the same or
substantially similar terms, conditions, and operating
stipulations as the joint special recreation permit
from which an agency has withdrawn under paragraph (1).
(C) No new application.--The holder of a joint
special recreation permit from which an agency has
withdrawn under paragraph (1) shall not be required to
submit a new application for a separate special
recreation permit.
(f) Treatment of Public Land Units Charging Entrance Fees.--For any
trip that originates on, or outside of, but passes through, a public
land unit that charges entrance fees, entrance fees may be collected in
addition to the special recreation permit fees collected under
subsection (h)(2) of section 803 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802).
SEC. 107. FOREST SERVICE PERMIT USE REVIEWS.
(a) In General.--If the Secretary of Agriculture (referred to in
this section as the ``Secretary'') conducts a special recreation permit
use review in renewing a special recreation permit or adjusting
allocations of use in a special recreation permit, the Secretary
shall--
(1) take into consideration the performance of the special
recreation permit holder during the reviewed period; and
(2) if the special recreation permit holder receives a
satisfactory performance review, allocate to the special
recreation permit holder the highest level of actual annual use
during the period under review plus 25 percent of that use, not
to exceed the level allocated to the special recreation permit
holder on the date on which the special recreation permit was
issued.
(b) Additional Capacity.--
(1) In general.--If additional use capacity is available,
the Secretary may, at any time, assign the remaining use to 1
or more qualified recreation service providers.
(2) Assignment not subject to cap on use.--Notwithstanding
subsection (a), in assigning additional use capacity under
paragraph (1), the Secretary may assign additional use capacity
to an existing special recreation permit holder even if that
assignment would exceed the amount of use allocated to the
special recreation permit holder on the date on which the
special recreation permit was issued.
(c) Waiver.--The Secretary may waive a special recreation permit
use review for any period during which use of the assigned capacity for
the special recreation permit has been prevented by a circumstance
beyond the control of the special recreation permit holder, such as--
(1) unfavorable weather;
(2) fire;
(3) natural disaster;
(4) wildlife displacement;
(5) business interruption;
(6) insufficient availability of hunting and fishing
licenses; or
(7) significant seasonal variability or off-peak periods
within the allocated period of use.
(d) Approval of Non-Use.--
(1) In general.--In any circumstance for which the holder
of a special recreation permit would qualify for a waiver under
subsection (c), on request of the holder of the special
recreation permit, the Secretary may approve non-use by the
holder of the special recreation permit without reducing the
number of service days assigned to the special recreation
permit.
(2) Temporary reassignment of use.--The Secretary may
assign any period of non-use approved under paragraph (1) to
another qualified recreation service provider.
SEC. 108. LIABILITY.
(a) Exculpatory Agreements.--
(1) In general.--A Federal land management agency shall not
implement, administer, or enforce any regulation, guidance, or
policy relating to the use of an exculpatory agreement between
the holder of a special recreation permit and a customer of the
holder of the special recreation permit relating to services
provided under a special recreation permit.
(2) Savings clause.--Nothing in this subsection preempts,
displaces, modifies, or eliminates any State law (including
common law) relating to exculpatory agreements.
(b) Indemnification by Government Entities.--The Secretary
concerned may not require a recreation service provider to indemnify
the United States as a condition for issuing a special recreation
permit for a public land unit under section 803(h) of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6802(h)) if--
(1) the recreation service provider is prohibited by State
or local law from providing indemnification to the United
States; and
(2) the recreation service provider--
(A) carries the minimum amount of liability
insurance coverage required by the issuing agency for
the activities conducted under the special recreation
permit; or
(B) is self-insured for the same amount.
SEC. 109. COST RECOVERY REFORM.
(a) Revision of Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture shall
revise section 251.58 of title 36, Code of Federal Regulations,
and the Secretary of the Interior shall revise section 2932.31
of title 43, Code of Federal Regulations, to be consistent with
this section.
(2) Limitation.--In carrying out paragraph (1), the
Secretaries shall not include anything in the revised
regulations that would limit the authority of the Secretaries
to issue or renew special recreation permits.
(b) De Minimis Exemption From Cost Recovery.--
(1) In general.--Any regulation promulgated by the
Secretary of the Interior or the Secretary of Agriculture to
establish fees to recover the costs of processing an
application for a special recreation permit or monitoring an
authorization under a special recreation permit shall include
an exemption providing that fees may not be recovered for not
less than the first 50 hours of work necessary in any 1 year to
process the application or monitor the authorization.
(2) Multiple applications.--In situations involving
multiple applications for special recreation permits for
similar services in the same public land unit or area that, in
the aggregate, require more hours to process than are exempt
under the regulations promulgated under paragraph (1), the
Secretary concerned shall, regardless of whether the
applications are solicited or unsolicited and whether there is
competitive interest--
(A) determine the share of the aggregate quantity
of hours to be allocated to each application on an
equal or prorated basis, as appropriate; and
(B) for each application, apply a separate
exemption as specified in the regulations promulgated
under paragraph (1) to the share of the aggregate hours
allocated to the application.
(c) Cost Reduction.--To the maximum extent practicable, the
Secretary concerned processing an application for a special recreation
permit shall use existing studies and analysis to reduce the quantity
of work and costs necessary to process the application.
SEC. 110. EXTENSION OF SPECIAL RECREATION PERMITS.
(a) In General.--Subject to subsection (b), if the holder of a
long-term special recreation permit makes a timely and sufficient
request for renewal of the long-term special recreation permit, the
expiration of the permit shall be tolled in accordance with the
undesignated matter following section 558(c)(2) of title 5, United
States Code, until such time as the request for renewal has been
finally determined by the Secretary concerned.
(b) Limitation.--Any tolling under subsection (a) shall be for a
period of not more than 5 years.
(c) Responsibility of the Secretary Concerned.--Before allowing the
expiration of a permit to be tolled under subsection (a), the Secretary
concerned, to the maximum extent practicable, shall complete the
renewal process.
SEC. 111. AVAILABILITY OF FEDERAL AND STATE RECREATION PASSES.
(a) In General.--The Federal Lands Recreation Enhancement Act is
amended by inserting after section 805 (16 U.S.C. 6804) the following:
``SEC. 805A. AVAILABILITY OF FEDERAL AND STATE RECREATION PASSES.
``(a) Establishment of Program.--
``(1) In general.--To improve the availability of Federal
and State outdoor recreation passes, the Secretaries are
encouraged to consult with States to coordinate the
availability of Federal and State recreation passes to allow a
purchaser to buy a Federal recreation pass and a State
recreation pass in the same transaction.
``(2) Included passes.--Passes covered by the program
established under paragraph (1) include--
``(A) an America the Beautiful--the National Parks
and Federal Recreational Lands Pass under section 805;
and
``(B) any pass covering any fees charged by
participating States and localities for entrance and
recreational use of parks and public land in the
participating States.
``(b) Agreements With States.--
``(1) In general.--The Secretaries, after consultation with
the States, may enter into agreements with States to coordinate
the availability of passes as described in subsection (a).
``(2) Revenue from pass sales.--The agreements between the
Secretaries and the States shall ensure that--
``(A) funds from the sale of State passes are
transferred to the appropriate State agency;
``(B) funds from the sale of Federal passes are
transferred to the appropriate Federal agency; and
``(C) fund transfers are completed by the end of a
fiscal year for all pass sales occurring during the
fiscal year.
``(3) Notice.--In entering into an agreement under
paragraph (1), the Secretaries shall publish in the Federal
Register a notice describing the agreement.''.
(b) Clerical Amendment.--The table of contents for the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.) is amended by
inserting after the item relating to section 805 the following:
`` Sec. 805A. Availability of Federal and State recreation passes.''.
SEC. 112. ONLINE PURCHASES OF AMERICA THE BEAUTIFUL--THE NATIONAL PARKS
AND FEDERAL RECREATIONAL LANDS PASS.
(a) In General.--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 the
America the Beautiful--the National Parks and Federal
Recreational Lands Pass--
``(i) at all Federal recreational lands and
waters at which an entrance fee or a standard
amenity recreation fee is charged where
feasible to do so;
``(ii) at such other locations as the
Secretaries consider appropriate and feasible;
and
``(iii) through the website of each of the
Federal land management agencies and the
websites of the relevant units and subunits of
those agencies, with--
``(I) a prominent link on each
website; and
``(II) information about where and
when passes are needed.''.
(b) Entrance Pass and Amenity Fees.--The Secretaries shall make
available for payment online, if appropriate and feasible, for each
public land unit where passes and fees are required--
(1) all entrance fees under section 803(e) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802(e));
(2) all standard amenity recreation fees under section
803(f) of that Act (16 U.S.C. 6802(f)); and
(3) all expanded amenity recreation fees under section
803(g) of that Act (16 U.S.C. 6802(g)).
SEC. 113. EFFECT.
(a) In General.--Except as provided in subsection (b), nothing in
this Act (including an amendment made by this Act) affects 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 units of the National Park System under subchapter II of
chapter 1019 of title 54, United States Code.
(b) Exception.--Notwithstanding subsection (a), subsections (a),
(b), and (d) of section 103, subsections (a) and (b) of section 104,
and sections 106 and 108 shall apply to commercial use authorizations
under subchapter II of chapter 1019 of title 54, United States Code.
TITLE II--ACCESSING THE OUTDOORS
SEC. 201. ACCESS FOR SERVICEMEMBERS AND VETERANS.
(a) In General.--The Secretaries are encouraged to work with the
Secretary of Defense and the Secretary of Veterans Affairs to ensure
servicemembers and veterans have access to outdoor recreation and to
outdoor-related volunteer and wellness programs as a part of the basic
services provided to servicemembers and veterans.
(b) Inclusion of Information.--Each branch of the Armed Forces is
encouraged to include information regarding outdoor recreation and
outdoors-based careers in the materials and counseling services focused
on resilience and career readiness provided in transition programs,
including--
(1) the benefits of outdoor recreation for physical and
mental health;
(2) resources to access guided outdoor trips and other
outdoor programs connected to the Department of Veterans
Affairs; and
(3) information regarding programs and jobs focused on
continuing national service such as the Public Land Corps,
AmeriCorps, or a conservation corps program.
(c) Outdoor Recreation Program Attendance.--Each branch of the
Armed Forces is encouraged to permit members of the Armed Forces on
active duty status, at the discretion of the commander of the member,
to use not more than 7 days of a permissive temporary duty assignment
or terminal leave allotted to the member to participate in a program
related to environmental stewardship or guided outdoor recreation
following deployment.
(d) Veteran Hiring.--The Secretaries are strongly encouraged to
hire veterans in all positions related to the management of Federal
recreational lands and waters.
TITLE III--MAKING RECREATION A PRIORITY
SEC. 301. EXTENSION OF SEASONAL RECREATION OPPORTUNITIES.
(a) In General.--
(1) Extension of recreational season.--The relevant unit
managers of Federal recreational lands and waters managed by
the Forest Service, the Bureau of Land Management, and the
National Park Service may--
(A) identify areas of Federal recreational lands
and waters in which recreation use is highly seasonal;
(B) where appropriate, extend the recreation season
or increase recreation use in a sustainable manner
during the offseason; and
(C) make information about extended season
schedules and related recreational opportunities
available to the public and local communities.
(2) Clarification.--Nothing in this subsection precludes
the Secretaries from providing for additional recreational
opportunities and uses at times other than those referred to in
paragraph (1).
(b) Inclusions.--An extension under subsection (a)(1) may include--
(1) the addition of facilities that would increase
recreation use during the offseason; and
(2) improvement of access to the area to extend the season.
(c) Requirement.--An extension under subsection (a)(1) shall be
compatible with all applicable Federal laws, regulations, and policies,
including land use plans.
SEC. 302. RECREATION PERFORMANCE METRICS.
(a) In General.--The Chief of the Forest Service and the Director
of the Bureau of Land Management shall evaluate land managers under
their jurisdiction based on the achievement of applicable agency
recreational and tourism metrics as described in applicable land
management plans.
(b) Metrics.--
(1) In general.--The metrics used to evaluate recreation
and tourism outcomes shall ensure--
(A) the advancement of recreation and tourism
goals; and
(B) the ability of the land manager to enhance the
outdoor experience of the visitor.
(2) Inclusions.--The metrics referred to paragraph (1)
shall include--
(A) the extent of positive economic impacts;
(B) visitation by families;
(C) the number of visiting school and youth groups;
(D) the number of available recreational
opportunities;
(E) the quality of visitor experience;
(F) the number of recreational and environmental
educational programs offered;
(G) visitor satisfaction; and
(H) the maintenance and expansion of existing
recreation infrastructure.
SEC. 303. RECREATION MISSION.
(a) Definition of Federal Agency.--In this section, the term
``Federal agency'' means each of--
(1) the Corps of Engineers;
(2) the Bureau of Reclamation;
(3) the Federal Energy Regulatory Commission; and
(4) the Department of Transportation.
(b) Mission.--With respect to the mission of the Federal agency,
each Federal agency shall consider how land and water management
decisions can enhance recreation opportunities and the recreation
economy.
SEC. 304. NATIONAL RECREATION AREA SYSTEM.
(a) Declaration of Policy.--It is the policy of the United States
that certain Federal land possesses remarkable recreational values and
should be managed for--
(1) sustainable outdoor recreational uses by the people of
the United States;
(2) the recreational, social, and health benefits people
receive from the Federal land through outdoor recreation; and
(3) the specific and meaningful experiences made possible
by unique and varied landscapes.
(b) Definitions.--In this section:
(1) Natural feature.--The term ``natural feature'' means an
ecological, geological, hydrological, or scenic attribute of a
specific area.
(2) Remarkable recreational attribute.--The term
``remarkable recreational attribute'' means, with respect to an
area--
(A) a natural feature that supports high-quality
outdoor recreation opportunities and experiences;
(B) having a high value in terms of providing
recreation opportunities to underserved communities;
(C) a unique cultural or historic feature or
attribute that supports high-quality recreation
opportunities and experiences;
(D) the offering of outstanding existing or
prospective recreation opportunities and uses;
(E) having an important role in, and contributing
significantly, to the outdoor recreation economy; or
(F) having high fish and wildlife values.
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, acting through
the Director of the Bureau of Land Management with
respect to land administered by the Bureau of Land
Management; and
(B) the Secretary of Agriculture, acting through
the Chief of the Forest Service, with respect to
National Forest System land.
(4) System.--The term ``System'' means the National
Recreation Area System established by subsection (c).
(5) System unit.--The term ``System unit'' means a System
unit designated pursuant to subsection (c).
(c) Composition.--There is established a National Recreation Area
System, to be comprised of--
(1) existing National Recreation Areas under the
jurisdiction of the Bureau of Land Management or the Forest
Service described in subsection (g); and
(2) new System units designated by Congress on or after the
date of enactment of this Act.
(d) Administration.--
(1) In general.--Subject to valid existing rights, the
Secretary shall manage each System unit in a manner that--
(A) prioritizes the sustainable enjoyment,
conservation, and enhancement of the remarkable
recreational attributes, natural features, and uses of
the System unit consistent with subsection (a); and
(B) protects the System unit for a variety of
recreational uses (including outfitting and guiding,
motorized recreation, hunting and fishing, horseback
riding, and biking ) in locations where those uses are
appropriate and are conducted in accordance with the
applicable land management plan and all applicable
Federal and State laws (including regulations).
(2) Grazing.--Livestock grazing within System units, where
established before the date of the enactment of this Act, shall
be permitted if the grazing complies with all applicable laws
(including regulations).
(3) State, tribal, and local involvement.--The Secretary
shall consult with States, political subdivisions of States,
affected Indian Tribes, adjacent landowners, and the public in
the administration of System units.
(4) Fish and wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of a State with respect to
fish and wildlife in a System unit in the State.
(5) Water rights.--Nothing in this section affects any
valid or vested water right in existence on the date of
enactment of this Act.
(6) Ski area land.--This section shall not apply to ski
area land, including ski area special use permit boundaries,
master development plan boundaries, and any acres allocated for
resort development in a forest plan.
(e) Components of National Recreation Area System.--
(1) Map; legal description.--
(A) In general.--For System units designated by an
Act of Congress after the date of enactment of this
Act, as soon as practicable after the date of
designation of a System unit, the Secretary shall
prepare a map and legal description of the System unit.
(B) Force of law.--The map and legal description
filed under subparagraph (A) shall have the same force
and effect as if included in this section, except that
the Secretary may correct typographical errors in the
map and legal description.
(C) Public availability.--The map and legal
description filed under subparagraph (A) shall be on
file and available for public inspection in the offices
of the Bureau of Land Management and the Forest
Service, as appropriate.
(2) Comprehensive management plan.--
(A) In general.--For System units designated by an
Act of Congress after the date of enactment of this Act
the Secretary with jurisdiction over the System unit
shall prepare a comprehensive management plan for the
unit that fulfills the requirements of subsection
(d)(1) and subparagraph (C).
(B) Timing.--
(i) In general.--The comprehensive
management plan described in subparagraph (A)
shall be completed as part of the regular land
use management planning process of the
applicable agency on which the System unit is
located.
(ii) Delay in plan revision.--If the
planning cycle of the applicable agency does
not coincide with the designation of the System
unit, the initial plan for the unit shall be
completed not later than 3 years after the date
of designation of the System unit.
(C) Requirements.--A comprehensive management plan
prepared under subparagraph (A) shall--
(i) identify the existing, and to the
extent practicable, prospective remarkable
recreational attributes of the System unit;
(ii) ensure the System unit is managed to
protect and enhance the purposes for which the
System unit was established;
(iii) ensure the System unit is managed to
protect and enhance the resources that make the
area suitable for designation under subsection
(c)(2) in accordance with subsection (a);
(iv) describe the circumstances and
locations in which the activities described in
paragraphs (1)(B) and (2) of subsection (d) are
permitted on the System unit;
(v) be coordinated with resource management
planning for affected adjacent Federal land, if
applicable;
(vi) be prepared--
(I) in accordance with--
(aa) as applicable, the
Federal Land Policy and
Management Act of 1976 (43
U.S.C. 1701 et seq.) or section
6 of the Forest and Rangeland
Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604);
and
(bb) any other applicable
laws (including regulations);
and
(II) in consultation with States,
political subdivisions of States,
affected Indian Tribes, adjacent
landowners, and the public; and
(vii) designate a sustainable road and
trail network, consistent with subsection (a)
and the purposes for which the System unit was
established, in accordance with all applicable
laws (including regulations).
(D) Review.--A comprehensive management plan
described in subparagraph (A) shall be regularly
reviewed and updated as part of the regular land
management planning process of the applicable agency.
(E) Management by secretary.--
(i) In general.--The Secretary shall manage
a National Recreation Area described in
subsection (g) in accordance with the
management plan for the National Recreation
Area in effect on the date of enactment of this
Act, until the date on which the plan is
revised or superseded by a new comprehensive
management plan issued in accordance with this
paragraph.
(ii) Plan revision.--If 1 or more
components of an existing management plan
referred to in clause (i) conflict with this
section, not later than 2 years after the date
of enactment of this Act, the Secretary shall
revise the plan to make the plan consistent
with this section.
(F) Notice.--The Secretary shall publish in the
Federal Register notice of the completion and
availability of a plan prepared under this paragraph.
(f) Potential Additions to National Recreation Area System.--
(1) Eligible area.--An area eligible for inclusion in the
System is an area that possesses 1 or more remarkable
recreational attributes.
(2) Potential additions.--In carrying out the land
management planning process, the Secretary shall--
(A) identify eligible areas that possess 1 or more
remarkable recreational attributes;
(B) develop and maintain a list of eligible areas
as potential additions to the System;
(C) consider input from the Governor of, political
subdivisions of, and affected Indian Tribes located in,
the State in which the eligible areas are located;
(D) transmit to Congress lists of eligible areas
for consideration; and
(E) ensure that management plans for eligible areas
maintain the recreational attributes supporting
eligibility.
(g) Existing National Recreation Areas.--Each National Recreation
Area established before the date of enactment of this Act that is under
the jurisdiction of the Bureau of Land Management or the Forest Service
shall be--
(1) deemed to be a unit of the System; and
(2) notwithstanding subsection (d), administered under the
law pertaining to the applicable System unit.
(h) Standard Fees.--In accordance with sections 803 through 808 of
the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802-6807), the
Secretary may establish a standard amenity fee at each National
Recreation Area designated after the date of enactment of this Act,
if--
(1) the purpose of the fee is to enhance visitor services
and stewardship of the recreation area; and
(2) the establishment of a fee is not prohibited by other
Federal law.
(i) Compliance With Existing Laws.--Nothing in this section
modifies any obligation--
(1) of the Secretary to prepare or implement a land use
plan in accordance with section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712) or section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604);
(2) under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(3) under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.); or
(4) under any other applicable law.
(j) Applicability of Other Land Management Designations.--Nothing
in this section affects--
(1) any other land or water management designation under
any other provision of law; or
(2) any obligation to comply with a requirement applicable
to such a designation.
(k) Native American Treaty Rights.--Nothing in this section alters,
modifies, enlarges, diminishes, or abrogates the treaty rights of any
Indian Tribe, including any off-reservation reserved rights.
TITLE IV--MAINTENANCE OF PUBLIC LAND
Subtitle A--Volunteers
SEC. 401. PRIVATE-SECTOR VOLUNTEER ENHANCEMENT PROGRAM.
(a) Purpose.--The purpose of this section is to promote private-
sector volunteer programs within the Department of the Interior and the
Department of Agriculture to enhance stewardship, recreation access,
and sustainability of the resources, values, and facilities of the
Federal recreational lands and waters managed by the Federal land
management agencies.
(b) Definitions.--In this section:
(1) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
land managed by the Bureau of Land Management.
(2) Volunteer.--The term ``volunteer'' means any individual
who performs volunteer services under this section.
(c) Establishment.--The Secretary concerned shall carry out a
program under which the Secretary concerned shall--
(1) enhance private-sector volunteer programs;
(2) actively promote private-sector volunteer
opportunities; and
(3) provide outreach to, and coordinate with, the private
sector for the purposes described in paragraphs (1) and (2).
(d) Cooperative Agreements for Stewardship of Federal Land.--
(1) Authority to enter into agreements.--The Secretary
concerned may enter into cooperative agreements (in accordance
with section 6305 of title 31, United States Code) with private
agencies, organizations, institutions, corporations,
individuals, or other entities to carry out 1 or more projects
or programs with a Federal land management agency in accordance
with this section.
(2) Project and program instructions.--The Secretary
concerned shall include in the cooperative agreement the
desired outcomes of the project or program and the guidelines
for the volunteers to follow, including--
(A) the physical boundaries of the project or
program;
(B) the equipment the volunteers are authorized to
use to complete the project or program;
(C) the training the volunteers are required to
complete, including agency consideration and
incorporation of training offered by qualified
nongovernmental organizations and volunteer partner
organizations;
(D) the actions the volunteers are authorized to
take to complete the project or program; and
(E) any other information that the Secretary
concerned determines necessary for the volunteer group
to complete the project or program.
(3) Authorized projects and programs.--Subject to paragraph
(4), the Secretary concerned may use a cooperative agreement to
carry out projects and programs for Federal land that--
(A) promote the stewardship of resources of Federal
land by volunteers;
(B) support maintaining the resources, trails, and
facilities on Federal land in a sustainable manner;
(C) increase awareness, understanding, and
stewardship of Federal land through the development,
publication, or distribution of educational materials
and products; and
(D) promote the use of Federal land as outdoor
classrooms.
(4) Conditions on use of authority.--The Secretary
concerned may use a cooperative agreement under paragraph (1)
to carry out a project or program for the Federal land only if
the project or program--
(A) complies with all Federal laws (including
regulations) and policies;
(B) is consistent with an applicable management
plan for any Federal recreational lands and waters
involved;
(C) is monitored by the relevant Federal land
management agency during the project and after project
completion to determine compliance with the
instructions under paragraph (2); and
(D) satisfies such other terms and conditions as
the Secretary concerned determines to be appropriate.
Subtitle B--Priority Trail Maintenance
SEC. 411. INTERAGENCY TRAIL MANAGEMENT.
(a) In General.--The Secretaries shall establish an interagency
trail management plan to manage and maintain in a uniform manner trails
that cross jurisdictional boundaries between Federal land management
agencies.
(b) Requirement.--The plan established under subsection (a) shall
ensure compliance with all Federal laws.
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