[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3670 Reported in House (RH)]
<DOC>
Union Calendar No. 460
117th CONGRESS
2d Session
H. R. 3670
[Report No. 117-637, Part I]
To improve access for outdoor recreation through the use of special
recreation permits on Federal recreational lands and waters, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 1, 2021
Mr. Neguse (for himself, Ms. DeGette, Mrs. Dingell, and Mr. Gallego)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on Agriculture, 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
December 14, 2022
Additional sponsors: Mr. Perlmutter and Mr. Crow
December 14, 2022
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
December 14, 2022
Committee on 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 June 1,
2021]
_______________________________________________________________________
A BILL
To improve access for outdoor recreation through the use of special
recreation permits on Federal recreational lands and waters, 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 ``Simplifying
Outdoor Access for Recreation Act'' or the ``SOAR 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.
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. Savings provision.
TITLE II--MAKING RECREATION A PRIORITY
Sec. 201. Extension of seasonal recreation opportunities.
Sec. 202. Recreation performance metrics.
TITLE III--MAINTENANCE OF PUBLIC LAND
Sec. 301. Private-sector volunteer enhancement program.
Sec. 302. Enhancing outdoor recreation through public lands service
organizations.
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.
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 Federal 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 Federal land unit managed by the Forest
Service, a priority use permit; and
(B) for a Federal 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 Federal land units; and
(B) is under the jurisdiction of 2 or more Federal
land management agencies.
(5) Federal land unit.--The term ``Federal 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) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to a
Federal land unit described in paragraph (5)(A); and
(B) the Secretary of the Interior, with respect to
a Federal land unit described in subparagraph (B), (C),
(D), or (E) of paragraph (5).
(7) 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 `` section 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--
``(A) for outfitting, guiding, or other recreation
services;
``(B) for recreation or competitive events, which
may include incidental sales;
``(C) for the use of--
``(i) a special area; or
``(ii) an area in which use is allocated;
``(D) for motorized recreational vehicle use in
compliance with an applicable travel management plan or
other regulation; and
``(E) for 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 as defined in
section 802(13) of this Act (16 U.S.C. 6801).
``(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 concerned 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 not exceed
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) Reports.--
``(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 Federal land unit (as defined in section 2
of the SOAR Act) administered by the Secretary,
including an identification of the amounts used for
specific activities within the Federal 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 issuing and administering
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 the 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 1 year 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) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary concerned shall--
(A) 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 human
environment; and
(B) if the Secretary concerned determines under
subparagraph (A) 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 human environment--
(i) establish those categorical exclusions
in compliance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(ii) fully document that a category of
actions will not individually or cumulatively
have a significant effect on the human
environment; and
(iii) revise relevant agency regulations
and policy statements to implement those
categorical exclusions.
(2) Administration.--
(A) In general.--In administering a categorical
exclusion established under paragraph (1)(B), the
Secretary concerned shall comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) (including regulations promulgated pursuant to
that Act).
(B) Extraordinary circumstances.--In determining
whether to use a categorical exclusion established
under paragraph (1)(B), the Secretary concerned shall
apply, as applicable, the extraordinary circumstances
procedures described in--
(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 for a Federal land unit 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 applications for special recreation permits available to be
completed and submitted online would not improve the efficiency or
accessibility of the permitting process.
SEC. 104. PERMIT FLEXIBILITY.
(a) 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
Federal land unit under section 803(h) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802(h)) 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 a Federal land unit under that
subsection;
(4) does not involve the use of a motor for a previously
non-motorized use; and
(5) is consistent with any laws and regulations (including
land use or management plans) applying to a Federal 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 Federal land unit to voluntarily and
temporarily return to the Secretary concerned 1 or more surplus 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
the 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 land and water
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(h)(1)).
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 Federal land unit,
the Secretary concerned shall publish that information
on the website of the agency that administers the
relevant Federal land unit.
(B) Exception for certain permits.--With respect to
a Federal 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 Federal 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 Federal 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
Federal 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 Federal 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 the
multijurisdictional trip to respond to 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 Federal land unit managed by each applicable Federal
land management agency.
(5) Prohibitions.--Nothing in this section shall be
construed to allow an activity that would otherwise be
prohibited on the Federal land unit where the activity would
take place.
(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
the 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.--The coordination with the 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), the 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 the regulations of the Secretary
of the associated agency; and
(B) to suspend, terminate, or revoke the joint
special recreation permit for--
(i) noncompliance with Federal, State, or
local laws and 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 Federal 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 Federal land unit
managed by the agency.
(B) 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 under subparagraph (A).
(f) Treatment of Federal Land Units Charging Entrance Fees.--
Entrance fees may still be collected in addition to any special
recreation permit fees for any trip that originates on, or outside of
but passes through, a Federal lands unit that charges such fees.
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 additional use capacity
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 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
temporarily assign any period of non-use approved under
paragraph (1) to any other existing or potential permittee.
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 regarding the use of an exculpatory agreement between a
special recreation permit holder and a customer of the special
recreation permit holder 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) regarding 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 Federal land unit under this 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
the 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 subsections (e)
and (f) of section 2932.31 of title 43, Code of Federal
Regulations, to be consistent with this section.
(2) Limitation.--In carrying out paragraph (1), the
Secretary of Agriculture and the Secretary of the Interior
shall not include anything in the revised regulations that
would limit the authority of the Secretary concerned 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 issued by the U.S.
Forest Service or the Bureau of Land Management, or for
monitoring an authorization under a special recreation permit
issued by the Forest Service or the Bureau of Land Management,
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 issued by
the Forest Service or the Bureau of Land Management for similar
services in the same Federal 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 agency
processing an application for a special recreation permit shall use
existing studies and analysis to reduce the quantity of work and costs
necessary to process the application.
SEC. 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
Federal 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. SAVINGS PROVISION.
Nothing in this Act, or in any amendment made by this Act, 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 units of the
National Park System pursuant to the National Park Service Concessions
Management Improvement Act of 1998, except that sections 103(a),
103(b), 103(d), 104(a), 104(b), 106, 108(a), and 108(b) of this Act
shall also apply to commercial use authorizations under that Act.
TITLE II--MAKING RECREATION A PRIORITY
SEC. 201. 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. 202. 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 in 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.
TITLE III--MAINTENANCE OF PUBLIC LAND
SEC. 301. 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 one 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.
SEC. 302. ENHANCING OUTDOOR RECREATION THROUGH PUBLIC LANDS SERVICE
ORGANIZATIONS.
In carrying out projects on Federal recreational lands and waters
that would directly or indirectly enhance recreation, the Secretaries
shall--
(1) to the maximum extent practicable--
(A) use qualified youth or conservation corps as
defined in section 203(11) of the Public Lands Corps
Act of 1993 (16 U.S.C. 1722(11)); and
(B) use non-profit wilderness and trails
stewardship organizations;
(2) enter into cooperative agreements with the Corps
Network, the National Wilderness Stewardship Alliance, American
Trails, other public lands stewardship organizations, outdoor
recreation businesses, and outdoor recreation university
programs, as appropriate, for the purpose of identifying
appropriate projects, activities, and workforce development
outcomes; and
(3) waive any matching funds requirements, including under
section 212(a)(1) of the Public Lands Corps Act of 1993 (16
U.S.C. 1729(a)(1)).
Union Calendar No. 460
117th CONGRESS
2d Session
H. R. 3670
[Report No. 117-637, Part I]
_______________________________________________________________________
A BILL
To improve access for outdoor recreation through the use of special
recreation permits on Federal recreational lands and waters, and for
other purposes.
_______________________________________________________________________
December 14, 2022
Reported from the Committee on Natural Resources with an amendment
December 14, 2022
Committee on Agriculture discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed