[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3266 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3266
To improve recreation opportunities on, and facilitate greater access
to, Federal public land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2021
Mr. Manchin (for himself and Mr. Barrasso) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To improve recreation opportunities on, and facilitate greater access
to, Federal public land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Outdoor Recreation
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INCREASING RECREATION OPPORTUNITIES
Sec. 101. Permit relief.
Sec. 102. Planning and managing for recreation.
Sec. 103. Forest Service climbing guidance.
Sec. 104. Target shooting ranges.
TITLE II--IMPROVING RECREATION OPPORTUNITIES
Sec. 201. Broadband internet connectivity at recreation sites.
Sec. 202. Federal land and aquatic resource activities assistance.
Sec. 203. Improved recreation visitation data.
Sec. 204. Travel management.
TITLE III--INVESTING IN RECREATION INFRASTRUCTURE AND RURAL COMMUNITIES
Sec. 301. Gateway communities.
Sec. 302. Forest Service conservation finance partnerships.
Sec. 303. Availability of Federal land infrastructure during shoulder
seasons.
Sec. 304. Public-private partnerships to modernize campgrounds on
Federal land.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) land under the jurisdiction of the Secretary;
and
(B) National Forest System land.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(3) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; or
(B) the Secretary of Agriculture, with respect to
National Forest System land.
TITLE I--INCREASING RECREATION OPPORTUNITIES
SEC. 101. PERMIT RELIEF.
(a) Definition of Youth Group.--In this section, the term ``youth
group'' means any of the following that serves individuals not older
than 25 years of age:
(1) A nonprofit organization.
(2) A youth service organization.
(3) An educational institution.
(4) A faith-based organization.
(b) Removal of Permit Requirements for Certain Areas.--If the
Secretary concerned does not require the public to obtain a permit or
reservation to access an existing picnic area, the Secretary concerned
may not require an outfitter or guide serving fewer than 40 clients to
obtain a permit to access that site.
(c) Study on Access for Youth Groups to Federal Land and Permits.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, the Secretaries shall--
(A) conduct a study on impediments relating to
permitting that are hindering the ability of youth
groups to access and recreate on Federal land; and
(B) submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that
describes the findings of the study under subparagraph
(A).
(2) Temporary permits and de minimis use permits.--For
purposes of the study conducted under paragraph (1)(A), for the
4-year period beginning on the date that is 1 year before the
date of enactment of this Act, the Secretaries shall--
(A) assess the frequency and appropriateness of the
issuance of temporary permits or other special
recreation permits for youth groups on Federal land;
(B) assess the quantity of requests made by youth
groups to access a publicly accessible site on a unit
of the National Forest System, Federal land
administered by the Bureau of Reclamation, or Federal
land administered by the Bureau of Land Management;
(C) provide any recommendations to facilitate and
streamline access and recreation by youth groups; and
(D) consider any implications regarding the health
and safety of participants and liability exposure of
the Secretaries and the youth groups.
(d) Voluntary Return of Surplus Service Days.--
(1) In general.--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.
(2) Effect.--The return of surplus service days shall not
affect future-year special recreation permits or the number of
service days available to the permittee in future years.
SEC. 102. PLANNING AND MANAGING FOR RECREATION.
(a) Policy.--
(1) In general.--It is the policy of the Federal Government
to foster and encourage recreation on Federal land, consistent
with--
(A) the multiple-use mission of the applicable
Federal land management agency; and
(B) the laws applicable to specific areas of
Federal land.
(2) Administration.--The Secretary concerned shall carry
out the policy described in paragraph (1) in administering
programs and activities authorized by law.
(b) Definition of Land Management Plan.--In this section, the term
``land management plan'' means--
(1) a land use plan prepared by the Secretary pursuant to
section 202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712); and
(2) a land management plan prepared by the Forest Service
for a unit of the National Forest Service pursuant to section 6
of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604).
(c) Inventory and Assessment.--
(1) In general.--In developing or revising a land
management plan, the Secretary concerned shall conduct, using
public outreach, an inventory and assessment of recreation
resources for the Federal land subject to the land management
plan.
(2) Unique recreation values.--An inventory and assessment
conducted under paragraph (1) shall recognize--
(A) any unique recreation values and uses of each
landscape that make a landscape, or a portion of a
landscape, desirable for a particular type of
recreation opportunity; and
(B) points of concentrated use by recreationists.
(3) Inventory.--The inventory under paragraph (1) shall
identify and list recreation resources by--
(A) type of recreation and type of natural or
manmade recreation infrastructure;
(B) to the extent available, the level and
demographics of use of the recreation resource as of
the date of the inventory; and
(C) any trend relating to recreation opportunities
or use.
(4) Assessment.--For any recreation resource inventoried
under paragraph (1), the Secretary concerned shall assess--
(A) the level of demand for the recreation
resource;
(B) the maintenance needs of, and expenses
necessary to administer, the recreation resource;
(C) the benefits of current and projected future
recreation use, including to the local economy;
(D) the impacts of current and projected future
recreation use on--
(i) natural, cultural, and other resources;
and
(ii) other authorized uses and activities
on the Federal land subject to the land
management plan; and
(E) the suitability for developing, expanding, or
enhancing the recreation resource.
(d) Future Recreation Needs and Management.--
(1) Future needs.--Based on the inventory and assessment
under subsection (c)(1), the Secretary concerned shall--
(A) consider future recreation needs;
(B) identify underutilized locations that are
suitable for developing, expanding, or enhancing
recreation use; and
(C) select additional high-value recreation
resources at which to encourage recreation use.
(2) Savings clause.--The Secretary concerned shall manage
any high-value recreation resource identified under paragraph
(1)(C) in a manner that--
(A) is consistent with applicable law;
(B) recognizes other uses and activities in the
area of the high-value recreation resource;
(C) seeks input from the public, including adjacent
landowners and individuals or entities with existing
permits and leases; and
(D) protects and enhances the recreation values of
the high-value recreation resource.
(3) Forecasts.--In developing or revising a land management
plan, the Secretary concerned shall predict the manner in which
the following would change under the desired future conditions
identified in the applicable land management plan:
(A) The number of visitors to the respective unit
of Federal land.
(B) The maintenance needs of, and the expenses
necessary to administer, the recreation resources on
the respective unit of Federal land.
(C) The benefits of recreation use, including to
the local economy.
(D) The impacts of recreation use on--
(i) natural, cultural, or other resources;
and
(ii) other authorized uses and activities
on the Federal land subject to the land
management plan.
SEC. 103. FOREST SERVICE CLIMBING GUIDANCE.
(a) Findings.--Congress finds that--
(1) recreational climbing in wilderness areas on National
Forest System land is being managed inconsistently; and
(2) recreational climbing is a legitimate and appropriate
use of wilderness areas on National Forest System land if the
recreational climbing is conducted and managed in accordance
with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) other applicable laws (including regulations);
and
(C) any reasonable terms and conditions that are
determined to be necessary by the Secretary of
Agriculture.
(b) Climbing Guidance in Wilderness.--Not later than 18 months
after the date of enactment of this Act, the Secretary of Agriculture
shall issue guidance on climbing management for National Forest System
land, including the placement, maintenance, or removal of fixed anchors
and the appropriate use of other equipment in designated wilderness
areas on National Forest System land under the Wilderness Act (16
U.S.C. 1131 et seq.).
(c) Public Notice and Comment.--Prior to taking any significant
management action affecting recreational climbing on National Forest
System land, the Secretary of Agriculture shall provide the public with
notice and an opportunity to comment on the proposed action.
SEC. 104. TARGET SHOOTING RANGES.
(a) Definition of Designated Shooting Range.--In this section, the
term ``designated shooting range'' means a developed and managed area
on Federal land that is designed and operated specifically for the
purposeful discharge of legal firearms, firearms training, archery, or
other associated activities.
(b) Identification of Designated Shooting Range.--
(1) In general.--The Secretaries shall identify a suitable
location for, and construct, designated shooting ranges on
National Forest System land and public land administered by the
Bureau of Land Management for the public to use for
recreational target shooting.
(2) Minimum number of ranges.--To the maximum extent
practicable--
(A) the Secretary of Agriculture shall ensure that
each National Forest has not fewer than 1 designated
shooting range; and
(B) the Secretary shall ensure each Bureau of Land
Management district has not fewer than 1 designated
shooting range.
(3) Requirements.--A designated shooting range under
paragraph (1)--
(A)(i) shall be able to accommodate rifles,
pistols, and shotguns; and
(ii) may accommodate archery;
(B) shall include--
(i) significantly modified landscapes,
including berms, buffer distances, or other
public safety designs or features;
(ii) a designated firing line; and
(iii) benches; and
(C) may include--
(i) shade structures;
(ii) trash containers;
(iii) restrooms; and
(iv) any other features that the Secretary
concerned determines to be necessary.
(c) Requirements.--
(1) Existing use.--The Secretaries, in cooperation with the
entities described in subsection (d), shall--
(A) consider the proximity of areas frequently used
by recreational shooters when identifying a suitable
location for a designated shooting range; and
(B) ensure a designated shooting range would not
impact a non-Federal target shooting range, including a
target shooting range located on private land.
(2) Closures.--Except in emergency situations, the
Secretary concerned shall seek to ensure that a designated
shooting range, or an equivalent shooting range adjacent to a
National Forest or Bureau of Land Management district, is
available to the public prior to closing Federal land to
recreational shooting.
(d) Cooperation.--In carrying out this section, the Secretaries
shall cooperate, as applicable, with--
(1) local and Tribal governments;
(2) nonprofit organizations;
(3) State fish and wildlife agencies;
(4) shooting clubs;
(5) Federal advisory councils relating to hunting and
shooting sports;
(6) nongovernmental organizations that, as of the date of
enactment of this Act, are signatories to the memorandum of
understanding entitled ``Federal Lands Hunting, Fishing, and
Shooting Sports Roundtable Memorandum of Understanding'' and
signed by the Forest Service and the Bureau of Land Management
on August 17, 2006;
(7) individuals or entities with authorized leases or
permits in an area under consideration for a designated
shooting range; and
(8) the public.
(e) Restrictions.--
(1) In general.--The management of a designated shooting
range shall be subject to such conditions as the Secretary
concerned determines are necessary for the safe, responsible
use of--
(A) the designated shooting range; and
(B) the adjacent resources.
(2) Fees.--The Secretary concerned may not require a user
to pay a fee to use a designated shooting range established
under this section.
(f) Annual Reports.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Secretaries shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of Representatives
a report describing the progress made with respect to the
implementation of this section.
TITLE II--IMPROVING RECREATION OPPORTUNITIES
SEC. 201. BROADBAND INTERNET CONNECTIVITY AT RECREATION SITES.
(a) In General.--The Secretary and the Chief of the Forest Service
shall enter into an agreement with the Administrator of the Rural
Utilities Service to install or construct broadband internet
infrastructure at recreation sites on Federal land to establish
broadband internet connectivity--
(1) subject to the availability of appropriations; and
(2) consistent with applicable law.
(b) Identification.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary and the
Chief of the Forest Service, in coordination with States, shall make
publically available--
(1) a list of the highest priority recreation sites on
Federal land that lack broadband internet; and
(2) an estimate of the cost to equip each of those sites
with broadband internet infrastructure.
(c) Priorities.--In selecting recreation sites for the list
described in subsection (b)(1), the Secretary and the Chief of the
Forest Service shall give priority to recreation sites--
(1) at which broadband internet infrastructure has not been
constructed by traditional utilities due to--
(A) geographic challenges; or
(B) the location having an insufficient number of
permanent residents, despite high seasonal or daily
visitation levels; or
(2) that are located in an economically distressed county
that could benefit significantly from developing the outdoor
recreation economy of the county.
SEC. 202. FEDERAL LAND AND AQUATIC RESOURCE ACTIVITIES ASSISTANCE.
(a) Definitions.--In this section:
(1) Aquatic nuisance species task force.--The term
``Aquatic Nuisance Species Task Force'' means the Aquatic
Nuisance Species Task Force established by section 1201(a) of
the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4721(a)).
(2) Federal land and water.--The term ``Federal land and
water'' means Federal land and water operated and maintained by
the Bureau of Land Management or the National Park Service, as
applicable.
(3) Inspection.--The term ``inspection'' means an
inspection to prevent and respond to biological invasions of an
aquatic ecosystem.
(4) Partner.--The term ``partner'' means--
(A) a Reclamation State;
(B) an Indian Tribe in a Reclamation State;
(C) an applicable nonprofit organization in a
Reclamation State; or
(D) a unit of local government in a Reclamation
State.
(5) Reclamation state.--
(A) In general.--The term ``Reclamation State''
means any State in which a Bureau of Reclamation
reservoir is located.
(B) Inclusions.--The term ``Reclamation State''
includes any of the States of--
(i) Alaska;
(ii) Arizona;
(iii) California;
(iv) Colorado;
(v) Idaho;
(vi) Kansas;
(vii) Montana;
(viii) Nebraska;
(ix) Nevada;
(x) New Mexico;
(xi) North Dakota;
(xii) Oklahoma;
(xiii) Oregon;
(xiv) South Dakota;
(xv) Texas;
(xvi) Utah;
(xvii) Washington; and
(xviii) Wyoming.
(b) Authority of Bureau of Land Management and National Park
Service With Respect to Certain Aquatic Resource Activities on Federal
Land and Water.--
(1) In general.--The Secretary may inspect and
decontaminate watercraft entering and leaving Federal land and
water located within a river basin that contains a Bureau of
Reclamation water project.
(2) Requirements.--The Secretary, acting through the
Director of the Bureau of Land Management and the Director of
the National Park Service, shall--
(A) in carrying out an inspection under paragraph
(1), coordinate with 1 or more partners;
(B) consult with the Aquatic Nuisance Species Task
Force to identify potential improvements in the
detection and management of invasive species on Federal
land and water; and
(C) to the maximum extent practicable, inspect
watercraft in a manner that minimizes disruptions to
public access for boating and recreation in
noncontaminated watercraft.
(3) Partnerships.--The Secretary, acting through the
Director of the Bureau of Land Management and the Director of
the National Park Service, may enter into a partnership to
provide technical assistance to a partner--
(A) to carry out an inspection or decontamination
of watercraft; or
(B) to establish an inspection and decontamination
station for watercraft.
(c) Grant Program for Reclamation States for Watercraft Inspection
and Decontamination Stations.--
(1) Watercraft inspection in reclamation states.--Subject
to the availability of appropriations, the Secretary, acting
through the Commissioner of Reclamation, shall establish a
competitive grant program to provide grants to partners to
conduct inspections and decontamination of watercraft in
reservoirs operated and maintained by the Secretary, including
to purchase, establish, operate, or maintain a watercraft
inspection and decontamination station.
(2) Cost share.--The Federal share of the cost of a grant
under paragraph (1), including personnel costs, shall not
exceed 75 percent.
(3) Standards.--Before awarding a grant under paragraph
(1), the Secretary shall determine that the project is
technically and financially feasible.
(4) Coordination.--In carrying out this subsection, the
Secretary shall coordinate with--
(A) each of the Reclamation States;
(B) affected Indian Tribes; and
(C) the Aquatic Nuisance Species Task Force.
SEC. 203. IMPROVED RECREATION VISITATION DATA.
(a) In General.--The Secretaries shall establish a single
visitation data management and modeling system for public recreation to
provide accurate, real-time visitation data, at a site-specific level
and in a consistent manner, with respect to Federal land managed by
each of--
(1) the Chief of the Forest Service;
(2) the Director of the Bureau of Land Management;
(3) the Director of the Bureau of Indian Affairs, in
coordination with Indian Tribes;
(4) the Director of the National Park Service;
(5) the Director of the United States Fish and Wildlife
Service; and
(6) the Commissioner of Reclamation.
(b) Third-Party Providers and Partners.--For purposes of carrying
out this section, the Secretary concerned shall coordinate or contract
with private sector partners, including--
(1) technology companies;
(2) mapping companies;
(3) experts in data science, analytics, and operations
research; or
(4) data companies.
(c) Interface.--The Secretaries shall coordinate with trade
associations, State outdoor recreation offices, offices of tourism, and
local outdoor recreation marketing organizations to design and deploy,
for purposes of making data available under subsection (a), the optimum
user interface that balances ease of use by the public with the
available resources of the Secretaries.
(d) Smart Phone Technology.--The Secretaries and any partner
described in subsection (b) may make use of smart phone technology for
purposes of making data available under subsection (a).
(e) Privacy Clause.--Nothing in this section provides authority to
the Secretaries--
(1) to monitor or record the movements of a visitor to
Federal land;
(2) to restrict, interfere with, or monitor a private
communication of a visitor to Federal land;
(3) to take possession of any documents, data, or other
personal effects of a visitor to Federal land; or
(4) to collect--
(A) information from owners of land adjacent to
Federal land; or
(B) information on non-Federal land.
(f) Categories of Use.--To the maximum extent practicable, the
Secretaries shall categorize the data collected under subsection (a) by
recreational activity.
(g) Limitation.--Information or data collected under this section
shall be limited only to actual recreation visitation information for
recreation sites managed by the Secretary concerned.
(h) Report.--Not later than January 1, 2024, and annually
thereafter, the Secretaries shall publish on a website of the
Secretaries a report that describes the annual visitation of each unit
of Federal land, including, to the maximum extent practicable,
visitation categorized by recreational activity.
SEC. 204. TRAVEL MANAGEMENT.
(a) In General.--The Secretaries shall--
(1) prioritize finalizing travel management planning
activities of the Bureau of Land Management and the Forest
Service, as applicable, including evaluating and designating as
open, limited, or closed applicable Federal land areas or
routes, roads, trails, or staging areas on applicable Federal
land for nonmotorized or motorized use, including for over-snow
vehicles; and
(2) not later than 5 years after the date of enactment of
this Act, develop a ground transportation linear feature or
motor vehicle use map and over-snow vehicle use map for each
district administered by the Bureau of Land Management and each
unit of the National Forest System, in a printed and publically
available format that is compliant with the format for
geographic information systems.
(b) Procedures.--For purposes of meeting the requirements of
subsection (a), the Secretary concerned--
(1) may use an existing evaluation or designation;
(2) may evaluate and alter an existing designation for
applicable Federal land areas or routes, roads, trails, or
staging areas on applicable Federal land in accordance with
applicable laws (including regulations);
(3) shall consider--
(A) the protection of the resources of the Federal
land;
(B) the promotion of the safety of the users of the
Federal land;
(C) the minimization of conflicts among various
uses of the Federal land; and
(D) other designation criteria or route options
developed by the Secretaries at the local level, such
as seasonal restrictions, temporary or seasonal access,
minimization of impacts to wildlife, and other
appropriate criteria or options;
(4) shall increase--
(A) multiple-use recreation opportunities; and
(B) opportunities for nonmotorized and motorized
access and experiences on Federal land;
(5) shall coordinate with States, local governments, Indian
Tribes, other stakeholders, adjoining landowners, businesses
that use the features on Federal land, and the public; and
(6) shall update any travel management plan that was
finalized before the date that is 15 years before the date of
enactment of this Act.
(c) Rulemaking.--The Secretaries may revise existing regulations to
implement this section.
(d) Effect.--Nothing in this section limits or restricts--
(1) emergency access use or the administrative use of the
Federal land by the Secretary concerned by motorized or
nonmotorized means, including any use or activity necessary to
carry out terms and conditions associated with an authorized
permit, lease, or contract with respect to the Federal land; or
(2) any other motorized or nonmotorized use or activity on
the Federal land that is authorized on the applicable Federal
land, as determined by the Secretary concerned.
(e) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretaries shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report that describes the progress of
the Secretaries in carrying out this section.
TITLE III--INVESTING IN RECREATION INFRASTRUCTURE AND RURAL COMMUNITIES
SEC. 301. GATEWAY COMMUNITIES.
(a) In General.--The Secretary of Agriculture (acting through the
Administrator of the Rural Business-Cooperative Service), in
coordination with the Secretary and the Secretary of Commerce, shall
provide to businesses in rural communities that are adjacent to
recreation destinations (including recreation destinations on Federal
land) the assistance described in subsection (b) to establish, operate,
or expand infrastructure to accommodate and manage sustainable
visitation, including hotels, campgrounds, and restaurants.
(b) Assistance.--The Secretary of Agriculture may provide
assistance under subsection (a) through the use of existing, or the
establishment of new, entrepreneur and vocational training programs,
technical assistance programs, low-interest business loan programs, and
loan guarantee programs.
SEC. 302. FOREST SERVICE CONSERVATION FINANCE PARTNERSHIPS.
(a) Findings.--Congress finds that--
(1) innovative funding models are an appropriate way to
develop and maintain recreation infrastructure on Federal land;
and
(2) in carrying out this section, the Secretary of
Agriculture should build on the successes of the Baileys
Mountain Bike Trail System project on the Wayne National
Forest, which was designed specifically to make Athens County,
Ohio, a more popular recreation destination.
(b) Definitions.--In this section:
(1) Conservation partner.--The term ``conservation
partner'' means--
(A) a private nonprofit, for-profit, or charitable
entity or other person; or
(B) a unit of State, local, or Tribal government.
(2) Independent evaluator.--The term ``independent
evaluator'' means an individual or entity, including an
institution of higher education, that is selected by the
Secretary of Agriculture, in consultation with a conservation
partner, to make the determinations and prepare the reports
required under subsection (f).
(3) Project.--The term ``project'' means 1 or more
activities conducted on National Forest System land, or on
other land if the activities would benefit National Forest
System land, to enhance a recreational opportunity for which
the Secretary of Agriculture has approved a record of decision,
decision notice, or decision memo.
(4) Project agreement.--The term ``project agreement''
means a cooperative agreement, a mutual benefit agreement, or a
contract, as appropriate, executed by the Secretary of
Agriculture and a project broker or a conservation partner in
accordance with applicable law.
(5) Project broker.--The term ``project broker'' means a
nonprofit or for-profit intermediary that assists in
establishing or implementing a project agreement.
(c) Establishment of Pilot Program.--The Secretary of Agriculture
shall establish a pilot program in accordance with this section to
carry out 1 or more projects that are financed by conservation
partners.
(d) Project Agreements.--
(1) In general.--Notwithstanding the Act of June 30, 1914
(commonly known as the ``Cooperative Funds Act'') (16 U.S.C.
498), or subtitle C of title XX of the Social Security Act (42
U.S.C. 1397n et seq.), in carrying out the pilot program under
this section, the Secretary of Agriculture may enter into a
project agreement with a conservation partner or a project
broker under which the conservation partner or project broker
agrees to pay for all or part of a project.
(2) Term.--The term of a project agreement shall be not
longer than 20 years.
(3) Size limitation.--The Secretary of Agriculture may not
enter into a project agreement under the pilot program under
this section for a project valued at more than $10,000,000.
(4) Structure of agreements.--Notwithstanding any other
provision of law, funds may be exchanged between non-Federal
parties under a project agreement, if--
(A) the project agreement uses an innovative
funding model, such as pay-for-performance, or pay-for-
success, under which payments are paid when specified
recreation-related outcomes are met; and
(B) an independent evaluator determines pursuant to
subsection (f) that the outcome specified in the
project agreement has been met.
(5) Maintenance and decommissioning.--A project agreement
shall--
(A) include a plan for maintaining any capital
improvement made as part of a project after the date on
which the project is completed; and
(B) specify the party that will be responsible for
decommissioning the improvements associated with the
project--
(i) at the end of the useful life of the
improvements; or
(ii) if the project fails.
(6) Eligible payments.--Under a project agreement, a
conservation partner, a project broker, or the Secretary of
Agriculture shall agree to pay to the other party to the
project agreement any of the following:
(A) A percentage of the estimated value of the
outcomes achieved by the applicable project.
(B) A percentage of the estimated cost savings to
the conservation partner or the Secretary of
Agriculture as a result of the project.
(C) A percentage of the enhanced revenue to the
conservation partner or the Secretary of Agriculture as
a result of the project.
(D) The cost of the project.
(7) Cost-share.--Subject to the availability of
appropriations, the Secretary of Agriculture may only
contribute funding for a project if--
(A) the Secretary of Agriculture demonstrates the
project will provide a cost savings to the United
States; and
(B) the contribution of the Secretary of
Agriculture is in an amount equal to less than 50
percent of the total cost of the project.
(8) Consultants.--Subject to the availability of
appropriations, the Secretary of Agriculture may hire a
contractor--
(A) to conduct a feasibility analysis of a proposed
project; or
(B) to assist in the formation or evaluation of a
proposed project.
(e) Projects.--
(1) In general.--All or any portion of a project may be
implemented by--
(A) the Secretary of Agriculture; or
(B) a conservation partner or third party, subject
to the conditions that--
(i) the Secretary of Agriculture shall
approve the implementation by the conservation
partner or third party; and
(ii) the implementation shall be in
accordance with applicable law.
(2) Relation to land and resource management plans.--A
project carried out under this section shall be consistent with
any applicable land and resource management plan developed
under section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604).
(3) Ownership.--
(A) In general.--Each project shall be vested to
the United States.
(B) Treatment.--The carrying out of any action for
a project does not provide any right to any party to a
project agreement.
(4) Potential conflicts.--Before approving a project under
this section, the Secretary of Agriculture shall consider and
seek to avoid potential conflicts (including economic
competition) with an existing authorization.
(f) Independent Evaluations.--
(1) Progress reports.--An independent evaluator shall
submit to the Secretary of Agriculture and each party to the
relevant project agreement a written report--
(A) by not later than 2 years after the date on
which a project agreement is executed, and not less
frequently than once every 2 years thereafter,
summarizing the progress that has been made in
achieving each outcome specified in the project
agreement; and
(B) before the first scheduled outcome payment
date, and each subsequent payment date, summarizing the
results of the evaluation conducted to determine
whether an outcome payment should be made, together
with information relating to the factors contributing
to the conservation partner achieving, or failing to
achieve, an outcome.
(2) Final report.--Not later than 180 days after the date
on which a project is completed, the applicable independent
evaluator shall submit to the Secretary of Agriculture and each
party to the relevant project agreement a written report that
includes--
(A) an evaluation of the effects of the project
with respect to each outcome specified in the project
agreement; and
(B) a determination of whether the conservation
partner has met each outcome specified in the project
agreement.
(g) Termination of Project Agreements.--The Secretary of
Agriculture may unilaterally terminate a project agreement, in whole or
in part, for any program year beginning after the program year during
which the Secretary of Agriculture provides to each party to the
project agreement a notice of the termination.
(h) Duration of Pilot Program.--
(1) Sunset.--The authority to enter into project agreements
under this section terminates on September 30, 2032.
(2) Savings clause.--Nothing in paragraph (1) affects any
project agreement entered into by the Secretary of Agriculture
pursuant to this section before the date described in that
paragraph.
SEC. 303. AVAILABILITY OF FEDERAL LAND INFRASTRUCTURE DURING SHOULDER
SEASONS.
(a) Coordination.--The Secretaries shall consult and coordinate
with outdoor recreation-related businesses operating on or adjacent to
Federal land, State offices of outdoor recreation, local destination
marketing organizations, Indian Tribes, local governments, and
institutions of higher education--
(1) to better understand trends with respect to visitors to
the Federal land;
(2) to coordinate with outdoor recreation marketing
campaigns; and
(3) to better understand--
(A) the effect of seasonal closures of areas of, or
infrastructure on, Federal land on outdoor recreation
opportunities, adjacent businesses, and local tax
revenue; and
(B) opportunities to extend the period of time
during which areas of, or infrastructure on, Federal
land are open to the public to increase outdoor
recreation opportunities and associated revenues for
businesses and local governments.
(b) Availability of Infrastructure.--The Secretaries shall make
efforts to make infrastructure available to accommodate increased
visitation to the Federal land during shoulder seasons--
(1) to extend the outdoor recreation season and the
duration of income to gateway communities; and
(2) to provide more opportunities to visit resources on
Federal land to reduce crowding during peak seasons.
(c) Agreements.--
(1) In general.--The Secretaries may enter into agreements
with businesses, local governments, or other entities to share
the cost of additional expenses necessary to extend the period
of time during which an area of, or infrastructure on, Federal
land is made open to the public.
(2) In-kind contributions.--The Secretaries may accept in-
kind contributions of goods and services provided by
businesses, local governments, or other entities for purposes
of paragraph (1).
SEC. 304. PUBLIC-PRIVATE PARTNERSHIPS TO MODERNIZE CAMPGROUNDS ON
FEDERAL LAND.
(a) In General.--The Secretaries shall establish a pilot program
under which the Secretary concerned may enter into an agreement with a
private entity providing for capital improvements (including the
construction of structures and improvements), management, and
maintenance by the private entity of a campground, in existence on the
date of enactment of this Act, on Federal land, subject to the
requirements of this section.
(b) Minimum Number of Agreements.--Not later than 3 years after the
date of enactment of this Act, the Secretary concerned shall enter into
at least 1 agreement under subsection (a) in--
(1) a unit of the National Forest System in each region of
the National Forest System; and
(2) Federal land administered by the Bureau of Land
Management in not fewer than 5 States in which the Bureau of
Land Management administers Federal land.
(c) Requirements.--
(1) Plans.--Before entering into an agreement under
subsection (a), the private entity shall submit to the
Secretary concerned a development plan that--
(A) describes investments in the campground to be
made by the private entity during the first 3 years of
the agreement;
(B) describes annual maintenance spending for each
year of the agreement; and
(C) includes any other terms and conditions
determined to be necessary by the Secretary concerned.
(2) Agreements.--An agreement entered into under subsection
(a) shall--
(A) be for a term of not more than 30 years;
(B) require that, not later than 3 years after the
date on which the Secretary concerned enters into an
agreement the private entity expend, or place in an
escrow account for expenditure, for the construction or
improvement of structures and infrastructure relating
to the operation of, or access to, the applicable
campground, not less than $2,000,000, or a specified
percentage, as determined by the Secretary concerned,
of the anticipated receipts for the period of the
agreement;
(C) require the private entity to maintain the
campground facility and any associated infrastructure
designated by the Secretary concerned in a manner
acceptable to the Secretary concerned and the private
entity;
(D) include any terms and conditions that the
Secretary concerned determines to be necessary for a
recreational special use permit issued under section 7
of the Act of April 24, 1950 (commonly known as the
``Granger-Thye Act'') (64 Stat. 84, chapter 97; 16
U.S.C. 580d), including the payment described in
subparagraph (E);
(E) provide for payment to the Federal Government
of a fee consistent with a special use permit under
section 7 of the Act of April 24, 1950 (commonly known
as the ``Granger-Thye Act'') (64 Stat. 84, chapter 97;
16 U.S.C. 580d), including a fee offset agreement for
work to be performed that is separate from maintaining
the campground facility and any associated
infrastructure designated by the Secretary concerned,
if determined to be appropriate by the Secretary
concerned, on consideration of the probable value to
the private entity of the rights provided by the
agreement, taking into account the capital invested by,
and obligations of, the private entity under the
agreement;
(F) include provisions that state--
(i) the private entity shall obtain no
property interest pursuant to the expenditures
of the private entity, as required by the
agreement; and
(ii) all structures and improvements
constructed by the private entity under the
agreement shall be the property of the United
States; and
(G) be subject to any other terms and conditions
determined to be necessary by the Secretary concerned.
(d) Fee Retention.--A fee or revenue shared with the Secretary
concerned under an agreement authorized by this section shall be
available for expenditure by the Secretary concerned for recreation-
related purposes on the unit of Federal land at which the fee or
revenue is collected, without further appropriation.
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