[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6492 Enrolled Bill (ENR)]
H.R.6492
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
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 ``Expanding Public
Lands Outdoor Recreation Experiences Act'' or the ``EXPLORE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE
Subtitle A--Outdoor Recreation Policy
Sec. 111. Congressional declaration of policy.
Sec. 112. Identifying opportunities for recreation.
Sec. 113. Federal Interagency Council on Outdoor Recreation.
Sec. 114. Recreation budget crosscut.
Subtitle B--Public Recreation on Federal Recreational Lands and Waters
Sec. 121. Biking on long-distance trails.
Sec. 122. Protecting America's rock climbing.
Sec. 123. Range access.
Sec. 124. Restoration of overnight campsites.
Sec. 125. Federal interior land media.
Sec. 126. Cape and antler preservation enhancement.
Sec. 127. Motorized and nonmotorized access.
Sec. 128. Aquatic resource activities assistance.
Subtitle C--Supporting Gateway Communities and Addressing Park
Overcrowding
Sec. 131. Gateway communities.
Sec. 132. Improved recreation visitation data.
Sec. 133. Monitoring for improved recreation decision making.
Subtitle D--Broadband Connectivity on Federal Recreational Lands and
Waters
Sec. 141. Connect Our Parks.
Sec. 142. Broadband internet connectivity at developed recreation sites.
Sec. 143. Public lands telecommunications cooperative agreements.
Subtitle E--Public-Private Parks Partnerships
Sec. 151. Authorization for lease of forest service administrative
sites.
Sec. 152. Partnership agreements creating tangible savings.
Sec. 153. Partnership agreements to modernize federally owned
campgrounds, resorts, cabins, and visitor centers on Federal
recreational lands and waters.
Sec. 154. Parking and Restroom opportunities for Federal recreational
lands and waters.
Sec. 155. Pay-for-performance projects.
Sec. 156. Outdoor recreation legacy partnership program.
Sec. 157. American battlefield protection program enhancement.
TITLE II--ACCESS AMERICA
Sec. 201. Definitions.
Subtitle A--Access for People With Disabilities
Sec. 211. Accessible recreation inventory.
Sec. 212. Trail inventory.
Sec. 213. Trail pilot program.
Sec. 214. Accessible trails.
Sec. 215. Accessible recreation opportunities.
Sec. 216. Assistive technology.
Sec. 217. Savings clause.
Subtitle B--Military and Veterans in Parks
Sec. 221. Promotion of outdoor recreation for military servicemembers
and veterans.
Sec. 222. Military Veterans Outdoor Recreation Liaisons.
Sec. 223. Partnerships to promote military and veteran recreation.
Sec. 224. National strategy for military and veteran recreation.
Sec. 225. Recreation resource advisory committees.
Sec. 226. Career and volunteer opportunities for veterans.
Subtitle C--Youth Access
Sec. 231. Increasing youth recreation visits to Federal land.
Sec. 232. Every Kid Outdoors Act extension.
TITLE III--SIMPLIFYING OUTDOOR ACCESS FOR RECREATION
Sec. 301. Definitions.
Subtitle A--Modernizing Recreation Permitting
Sec. 311. Special recreation permit and fee.
Sec. 312. Permitting process improvements.
Sec. 313. Permit flexibility.
Sec. 314. Permit administration.
Sec. 315. Service First Initiative; Permits for multijurisdictional
trips.
Sec. 316. Forest Service and Bureau of Land Management temporary special
recreation permits for outfitting and guiding.
Sec. 317. Reviews for long-term permits.
Sec. 318. Adjustment of allocated visitor-use days.
Sec. 319. Liability.
Sec. 320. Cost recovery reform.
Sec. 321. Availability of Federal, State, and local recreation passes.
Sec. 322. Online purchases and establishment of a digital version of
America the Beautiful--The National Parks and Federal
Recreational Lands Passes.
Sec. 323. Savings provision.
Subtitle B--Making Recreation a Priority
Sec. 331. Extension of seasonal recreation opportunities.
Subtitle C--Maintenance of Public Land
Sec. 341. Volunteers in the National Forests and Public Lands Act.
Sec. 342. Reference.
Subtitle D--Recreation Not Red Tape
Sec. 351. Good neighbor authority for recreation.
Sec. 352. Permit relief for picnic areas.
Sec. 353. Interagency report on special recreation permits for
underserved communities.
Sec. 354. Modernizing Access to Our Public Land Act amendments.
Sec. 355. Savings provision.
SEC. 2. 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) Gateway community.--The term ``gateway community'' means a
community that serves as an entry point, or is adjacent, to a
recreation destination on Federal recreational lands and waters or
non-Federal land at which there is consistently high, in the
determination of the Secretaries, seasonal or year-round
visitation.
(4) Indian tribe.--The term ``Indian Tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(5) Land use plan.--The term ``land use plan'' means--
(A) a land use plan prepared by the Secretary pursuant to
section 202 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712); and
(B) a land management plan prepared by the Forest Service
for a unit of the National Forest Service pursuant to section 6
of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604).
(6) Secretaries.--The term ``Secretaries'' means each of--
(A) the Secretary; and
(B) the Secretary of Agriculture.
(7) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(8) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to land under the
jurisdiction of the Secretary; or
(B) the Secretary of Agriculture, with respect to land
managed by the Forest Service.
(9) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the United
States.
TITLE I--OUTDOOR RECREATION AND INFRASTRUCTURE
Subtitle A--Outdoor Recreation Policy
SEC. 111. CONGRESSIONAL DECLARATION OF POLICY.
Congress declares that it is the policy of the Federal Government
to foster and encourage recreation on Federal recreational lands and
waters, to the extent consistent with the laws applicable to specific
areas of Federal recreational lands and waters, including multiple-use
mandates and land management planning requirements.
SEC. 112. IDENTIFYING OPPORTUNITIES FOR RECREATION.
(a) Inventory and Assessments.--
(1) In general.--The Secretary concerned shall--
(A) conduct an inventory and assessment of recreation
resources for Federal recreational lands and waters;
(B) develop the inventory and assessment with support from
public comment; and
(C) update the inventory and assessment as the Secretary
concerned determines appropriate.
(2) Unique recreation values.--An inventory and assessment
conducted under paragraph (1) shall--
(A) recognize--
(i) any unique recreation values and recreation
opportunities; and
(ii) areas of concentrated recreational use; and
(B) identify, list, and map recreation resources by--
(i) type of recreation opportunity and type of natural
or artificial recreation infrastructure;
(ii) to the extent available, the level of use of the
recreation resource as of the date of the inventory; and
(iii) identifying, to the extent practicable, any trend
relating to recreation opportunities or use at a recreation
resource identified under subparagraph (A).
(3) Assessments.--For any recreation resource inventoried under
paragraph (1), the Secretary concerned shall assess--
(A) the maintenance needs of, and expenses necessary to
administer, the recreation resource;
(B) the suitability for developing, expanding, or enhancing
the recreation resource; and
(C) the adequacy of the current management of the
recreation resource.
(b) Existing Efforts.--To the extent practicable, the Secretary
concerned shall use or incorporate existing applicable research and
planning decisions and processes in carrying out this section.
(c) Conforming Amendments.--Section 200103 of title 54, United
States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), (h), and (i) as
subsections (d), (e), (f), (g), and (h), respectively.
SEC. 113. FEDERAL INTERAGENCY COUNCIL ON OUTDOOR RECREATION.
(a) Definitions.--Section 200102 of title 54, United States Code,
is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (4)
and (5) respectively; and
(2) by inserting before paragraph (4), as so redesignated, the
following:
``(1) Council.--The term `Council' means the Federal
Interagency Council on Outdoor Recreation established under section
200104.
``(2) Federal land and water management agency.--The term
`Federal land and water management agency' means the National Park
Service, Bureau of Land Management, United States Fish and Wildlife
Service, Bureau of Indian Affairs, Bureau of Reclamation, Forest
Service, Corps of Engineers, and the National Oceanic and
Atmospheric Administration.
``(3) Federal recreational lands and waters.--The term `Federal
recreational lands and waters' has the meaning given the term in
section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) and also includes Federal lands and waters managed by
the Bureau of Indian Affairs, Corps of Engineers, or National
Oceanic and Atmospheric Administration.''.
(b) Establishment of Council.--Section 200104 of title 54, United
States Code, is amended to read as follows:
``Sec. 200104. Federal interagency council on outdoor recreation
``(a) Establishment.--The Secretary shall establish an interagency
council, to be known as the `Federal Interagency Council on Outdoor
Recreation'.
``(b) Composition.--
``(1) In general.--The Council shall be composed of
representatives of each of the following agencies, to be appointed
by the head of the respective agency:
``(A) The National Park Service.
``(B) The Bureau of Land Management.
``(C) The United States Fish and Wildlife Service.
``(D) The Bureau of Indian Affairs.
``(E) The Bureau of Reclamation.
``(F) The Forest Service.
``(G) The Army Corps of Engineers.
``(H) The National Oceanic and Atmospheric Administration.
``(2) Additional participants.--In addition to the members of
the Council appointed under paragraph (1), the Secretary may invite
participation in the Council's meetings or other activities from
representatives of the following:
``(A) The Council on Environmental Quality.
``(B) The Natural Resources Conservation Service.
``(C) Rural development programs of the Department of
Agriculture.
``(D) The National Center for Chronic Disease Prevention
and Health Promotion.
``(E) The Environmental Protection Agency.
``(F) The Department of Transportation, including the
Federal Highway Administration.
``(G) The Tennessee Valley Authority.
``(H) The Department of Commerce, including--
``(i) the Bureau of Economic Analysis;
``(ii) the National Travel and Tourism Office; and
``(iii) the Economic Development Administration.
``(I) The Federal Energy Regulatory Commission.
``(J) An applicable State agency or office.
``(K) An applicable agency or office of a local government.
``(L) Other organizations or interests, as determined
appropriate by the Secretary.
``(3) State coordination.--In determining additional
participants under this subsection, the Secretary shall seek to
ensure that States are invited and represented in the Council's
meetings or other activities.
``(4) Leadership.--The leadership of the Council shall rotate
every 2 years among the Council members appointed under paragraph
(1), or as otherwise determined by the Secretary in consultation
with the Secretaries of Agriculture, Defense, and Commerce.
``(5) Funding.--Notwithstanding section 708 of title VII of
division E of the Consolidated Appropriations Act, 2023 (Public Law
117-328), the Council members appointed under paragraph (1) may
enter into agreements to share the management and operational costs
of the Council.
``(c) Coordination.--The Council shall meet as frequently as
appropriate for the purposes of coordinating on issues related to
outdoor recreation, including--
``(1) recreation programs and management policies across
Federal land and water management agencies, including activities
associated with the implementation of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801 et seq.), as appropriate;
``(2) the response by Federal land and water management
agencies to public health emergencies or other emergencies,
including those that result in disruptions to, or closures of,
Federal recreational lands and waters;
``(3) investments relating to outdoor recreation on Federal
recreational lands and waters, including funds made available under
section 40804(b)(7) of the Infrastructure Investment and Jobs Act
(16 U.S.C. 6592a(b)(7));
``(4) management of emerging technologies on Federal
recreational lands and waters;
``(5) research activities, including quantifying the economic
impacts of recreation;
``(6) dissemination to the public of recreation-related
information, in a manner that ensures the recreation-related
information is easily accessible with modern communication devices;
``(7) the improvement of access to Federal recreational lands
and waters; and
``(8) the identification and engagement of partners outside the
Federal Government--
``(A) to promote outdoor recreation;
``(B) to facilitate collaborative management of outdoor
recreation; and
``(C) to provide additional resources relating to enhancing
outdoor recreation opportunities; and
``(9) any other outdoor recreation-related issues that the
Council determines necessary.
``(d) Effect.--Nothing in this section affects the authorities,
regulations, or policies of any Federal agency described in paragraph
(1) or (2) of subsection (b).''.
(c) Clerical Amendment.--The table of sections for chapter 2001 of
title 54, United States Code, is amended by striking the item relating
to section 200104 and inserting the following:
``200104. Federal Interagency Council on Outdoor Recreation''.
SEC. 114. RECREATION BUDGET CROSSCUT.
Not later than 30 days after the end of each fiscal year, beginning
with fiscal year 2025, the Director of the Office of Management and
Budget shall submit to Congress and make public online a report that
describes and itemizes the total amount of funding relating to outdoor
recreation that was obligated in the preceding fiscal year in accounts
in the Treasury for the Department of the Interior and the Department
of Agriculture.
Subtitle B--Public Recreation on Federal Recreational Lands and Waters
SEC. 121. BIKING ON LONG-DISTANCE TRAILS.
(a) Identification of Long-Distance Trails.--Not later than 18
months after the date of the enactment of this title, the Secretaries
shall identify--
(1) not fewer than 10 long-distance bike trails that make use
of trails and roads in existence on the date of the enactment of
this title; and
(2) not fewer than 10 areas in which there is an opportunity to
develop or complete a trail that would qualify as a long-distance
bike trail.
(b) Public Comment.--The Secretaries shall--
(1) develop a process to allow members of the public to comment
regarding the identification of trails and areas under subsection
(a); and
(2) consider the identification, development, and completion of
long-distance bike trails in a geographically equitable manner.
(c) Maps, Signage, and Promotional Materials.--For any long-
distance bike trail identified under subsection (a), the Secretary
concerned may--
(1) publish and distribute maps, install signage, and issue
promotional materials; and
(2) coordinate with stakeholders to leverage any non-Federal
resources necessary for the stewardship, development, or completion
of trails.
(d) Report.--Not later than 2 years after the date of the enactment
of this title, the Secretaries, in partnership with interested
organizations, shall prepare and publish a report that lists the trails
identified under subsection (a), including a summary of public comments
received in accordance with the process developed under subsection (b).
(e) Conflict Avoidance With Other Uses.--Before identifying a long-
distance bike trail under subsection (a), the Secretary concerned shall
ensure the long-distance bike trail--
(1) minimizes conflict with--
(A) the uses, before the date of the enactment of this
title, of any trail or road that is part of that long-distance
bike trail;
(B) multiple-use areas where biking, hiking, horseback
riding, or use by pack and saddle stock are existing uses on
the date of the enactment of this title;
(C) the purposes for which any trail was or is established
under the National Trails System Act (16 U.S.C. 1241 et seq.);
and
(D) any area managed under the Wilderness Act (16 U.S.C.
1131 et seq.); and
(2) complies with land use and management plans of the Federal
recreational lands and waters that are part of that long-distance
bike trail.
(f) Eminent Domain or Condemnation.--In carrying out this section,
the Secretaries may not use eminent domain or condemnation.
(g) Definitions.--In this section:
(1) Long-distance bike trail.--The term ``long-distance bike
trail'' means a continuous route, consisting of 1 or more trails or
rights-of-way, that--
(A) is not less than 80 miles in length;
(B) primarily makes use of dirt or natural surface trails;
(C) may require connections along paved or other improved
roads;
(D) does not include Federal recreational lands where
mountain biking or related activities are not consistent with
management requirements for those Federal recreational lands;
and
(E) to the maximum extent practicable, makes use of trails
and roads that were on Federal recreational lands on or before
the date of the enactment of this title.
(2) Secretaries.--The term ``Secretaries'' means the Secretary
of the Interior and the Secretary of Agriculture, acting jointly.
SEC. 122. PROTECTING AMERICA'S ROCK CLIMBING.
(a) In General.--Not later than 18 months after the date of the
enactment of this title, each Secretary concerned shall issue guidance
for recreational climbing activities on covered Federal land.
(b) Applicable Law.--The guidance issued under subsection (a) shall
ensure that recreational climbing activities comply with the laws
(including regulations) applicable to the covered Federal land.
(c) Wilderness Areas.--The guidance issued under subsection (a)
shall recognize that recreational climbing (including the use,
placement, and maintenance of fixed anchors) is an appropriate use
within a component of the National Wilderness Preservation System, if
undertaken--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and other applicable laws (including regulations); and
(2) subject to any terms and conditions determined by the
Secretary concerned to be appropriate.
(d) Authorization.--The guidance issued under subsection (a) shall
describe the requirements, if any, for the placement and maintenance of
fixed anchors for recreational climbing in a component of the National
Wilderness Preservation System, including any terms and conditions
determined by the Secretary concerned to be appropriate, which may be
issued programmatically or on a case-by-case basis.
(e) Existing Routes.--The guidance issued under subsection (a)
shall include direction providing for the continued use and maintenance
of recreational climbing routes (including fixed anchors along the
routes) in existence as of the date of the enactment of this title, in
accordance with this Act.
(f) Public Comment.--Before finalizing the guidance issued under
subsection (a), the Secretary concerned shall provide opportunities for
public comment with respect to the guidance.
(g) Covered Federal Land Defined.--In this section, the term
``covered Federal land''--
(1) means the lands described in subparagraphs (A) and (B) of
paragraph (2); and
(2) includes components of the National Wilderness Preservation
System.
SEC. 123. RANGE ACCESS.
(a) Definition of Target Shooting Range.--In this section, the term
``target shooting range'' means a developed and managed area that is
authorized or operated by the Forest Service, a concessioner of the
Forest Service, or the Bureau of Land Management (or their lessee)
specifically for the purposeful discharge by the public of legal
firearms, firearms training, archery, or other associated activities.
(b) Assessment; Identification of Target Shooting Range
Locations.--
(1) Assessment.--Not later than 1 year after the date of the
enactment of this title, the Secretary concerned shall make
available to the public a list that--
(A) identifies each National Forest and each Bureau of Land
Management district that has a target shooting range that meets
the requirements described in paragraph (3)(B);
(B) identifies each National Forest and each Bureau of Land
Management district that does not have a target shooting range
that meets the requirements described in paragraph (3)(B); and
(C) for each National Forest and each Bureau of Land
Management district identified under subparagraph (B), provides
a determination of whether applicable law or the applicable
land use plan prevents the establishment of a target shooting
range that meets the requirements described in paragraph
(3)(B).
(2) Identification of target shooting range locations.--
(A) In general.--The Secretary concerned shall identify at
least 1 suitable location for a target shooting range that
meets the requirements described in paragraph (3)(B) within
each National Forest and each Bureau of Land Management
district with respect to which the Secretary concerned has
determined under paragraph (1)(C) that the establishment of a
target shooting range is not prevented by applicable law or the
applicable land use plan.
(B) Requirements.--The Secretaries, in consultation with
the entities described in subsection (d), shall, for purposes
of identifying a suitable location for a target shooting range
under subparagraph (A)--
(i) consider the proximity of areas frequently used by
recreational shooters;
(ii) ensure that the target shooting range would not
adversely impact a shooting range operated on non-Federal
land; and
(iii) consider other nearby recreational uses,
including proximity to units of the National Park System,
to minimize potential conflict and prioritize visitor
safety.
(3) Establishment of new target shooting ranges.--
(A) In general.--Not later than 5 years after the date of
the enactment of this title, at 1 or more suitable locations
identified on each eligible National Forest and Bureau of Land
Management district under paragraph (2)(A), the Secretary
concerned shall--
(i) subject to the availability of appropriations for
such purpose, construct a target shooting range that meets
the requirements described in subparagraph (B) or modify an
existing target shooting range to meet the requirements
described in subparagraph (B); or
(ii) enter into an agreement with an entity described
in subsection (d)(1), under which the entity shall
establish or maintain a target shooting range that meets
the requirements described in subparagraph (B).
(B) Requirements.--A target shooting range established
under this paragraph--
(i)(I) shall be able to accommodate rifles and pistols;
(II) may include skeet, trap, or sporting clay
infrastructure; and
(III) may accommodate archery;
(ii) shall include appropriate public safety designs
and features, including--
(I) significantly modified landscapes, including
berms, buffer distances, or other public safety designs
or features; and
(II) a designated firing line; and
(iii) may include--
(I) shade structures;
(II) trash containers;
(III) restrooms;
(IV) benches; and
(V) any other features that the Secretary concerned
determines to be necessary.
(C) Recreation and public purposes act.--For purposes of
subparagraph (A), the Secretary concerned may consider a target
shooting range that is located on land transferred or leased
pursuant to the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (44 Stat. 741, chapter
578; 43 U.S.C. 869 et seq.), as a target shooting range that
meets the requirements described in subparagraph (B).
(c) Restrictions.--
(1) Management.--The management of a target shooting range
shall be subject to such conditions as the Secretary concerned
determines are necessary for the safe, responsible use of--
(A) the target shooting range; and
(B) the adjacent land and resources.
(2) Closures.--Except in emergency situations, the Secretary
concerned shall seek to ensure that a target shooting range that
meets the requirements described in subsection (b)(3)(B), or an
equivalent shooting range adjacent to a National Forest or Bureau
of Land Management district, is available to the public prior to
closing Federal recreational lands and waters administered by the
Chief of the Forest Service or the Director of the Bureau of Land
Management to recreational shooting, in accordance with section
4103 of the John D. Dingell, Jr. Conservation, Management, and
Recreation Act (16 U.S.C. 7913).
(d) Coordination.--
(1) In general.--In carrying out this section, the Secretaries
shall coordinate with--
(A) State, Tribal, and local governments;
(B) nonprofit or nongovernmental organizations, including
organizations that are signatories to the memorandum of
understanding entitled ``Federal Lands Hunting, Fishing, and
Shooting Sports Roundtable Memorandum of Understanding'' and
signed by the Forest Service and the Bureau of Land Management
on August 17, 2006;
(C) shooting clubs;
(D) Federal advisory councils relating to hunting and
shooting sports; and
(E) individuals or entities with authorized leases or
permits in an area under consideration for a target shooting
range.
(2) Partnerships.--The Secretaries may--
(A) coordinate with an entity described in paragraph (1) to
assist with the construction, modification, operation, or
maintenance of a target shooting range; and
(B) explore opportunities to leverage funding to maximize
non-Federal investment in the construction, modification,
operation, or maintenance of a target shooting range.
(e) Annual Reports.--Not later than 2 years after the date of the
enactment of this title and annually thereafter through fiscal year
2033, the Secretaries shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural Resources
of the House of Representatives a report describing the progress made
with respect to the implementation of this section.
(f) Savings Clause.--Nothing in this section affects the authority
of the Secretary concerned to administer a target shooting range that
is in addition to the target shooting ranges that meet the requirements
described in subsection (b)(3)(B) on Federal recreational lands and
waters administered by the Secretary concerned.
SEC. 124. RESTORATION OF OVERNIGHT CAMPSITES.
(a) Definitions.--In this section:
(1) Recreation area.--The term ``Recreation Area'' means the
recreation area and grounds associated with the recreation area on
the map entitled ``Ouachita National Forest Camping Restoration''
and dated November 30, 2023, on file with the Forest Service.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) In General.--The Secretary shall--
(1) not later than 6 months after the date of the enactment of
this title, identify 54 areas within the Recreation Area that may
be suitable for overnight camping; and
(2) not later than 2 years after the date of the enactment of
this title--
(A) review each area identified under paragraph (1); and
(B) from the areas so identified, select and establish at
least 27 campsites and related facilities within the Recreation
Area for public use.
(c) Requirements Related to Campsites and Related Facilities.--The
Secretary shall--
(1) ensure that at least 27 campsites are available under
subsection (b), of which not less than 8 shall have electric and
water hookups; and
(2) ensure that each campsite and related facility identified
or established under subsection (b) is located outside of the 1
percent annual exceedance probability flood elevation.
(d) Reopening of Certain Sites.--Not later than 30 days after the
date of the enactment of this title, the Secretary shall open each
campsite within the Recreation Area that--
(1) exists on the date of the enactment of this title;
(2) is located outside of the 1 percent annual exceedance
probability flood elevation;
(3) was in operation on June 1, 2010; and
(4) would not interfere with any current (as of the date of the
enactment of this title) day use areas.
(e) Day Use Areas.--Not later than 1 year after the date of the
enactment of this title, the Secretary shall take such actions as are
necessary to rehabilitate and make publicly accessible the areas in the
Recreation Area identified for year-round day use, including the
following:
(1) Loop A.
(2) Loop B.
(3) The covered, large-group picnic pavilion in Loop D.
(4) The parking lot in Loop D.
SEC. 125. FEDERAL INTERIOR LAND MEDIA.
(a) Filming in National Park System Units.--
(1) In general.--Chapter 1009 of title 54, United States Code,
is amended by striking section 100905 and inserting the following:
``Sec. 100905. Filming and still photography in System units
``(a) Filming and Still Photography.--
``(1) In general.--The Secretary shall ensure that a filming or
still photography activity or similar project in a System unit
(referred to in this section as a `filming or still photography
activity') and the authorizing or permitting of a filming or still
photography activity are carried out consistent with--
``(A) the laws and policies applicable to the Service; and
``(B) an applicable general management plan.
``(2) No permits required.--The Secretary shall not require an
authorization or a permit or assess a fee, if a fee for a filming
or still photography activity is not otherwise required by law, for
a filming or still photography activity that--
``(A)(i) involves fewer than 6 individuals; and
``(ii) meets each of the requirements described in
paragraph (5); or
``(B) is merely incidental to, or documenting, an activity
or event that is allowed or authorized at the System unit,
regardless of--
``(i) the number of individuals participating in the
allowed or authorized activity or event; or
``(ii) whether any individual receives compensation for
any products of the filming or still photography activity.
``(3) Filming and still photography authorizations for de
minimis use.--
``(A) In general.--The Secretary shall establish a de
minimis use authorization for certain filming or still
photography activities that meets the requirements described in
subparagraph (F).
``(B) Policy.--For a filming or still photography activity
that meets the requirements described in subparagraph (F), the
Secretary--
``(i) may require a de minimis use authorization; and
``(ii) shall not require a permit.
``(C) No fee.--The Secretary shall not charge a fee for a
de minimis use authorization under this paragraph.
``(D) Access.--The Secretary shall enable members of the
public to apply for and obtain a de minimis use authorization
under this paragraph--
``(i) through the website of the Service; and
``(ii) in person at the field office of the applicable
System unit.
``(E) Issuances.--The Secretary shall--
``(i) establish a procedure--
``(I) to automate the approval of an application
submitted through the website of the Service under
subparagraph (D)(i); and
``(II) to issue a de minimis use authorization
under this paragraph immediately on receipt of an
application that is submitted in person at the field
office of the applicable System unit under subparagraph
(D)(ii); and
``(ii) if an application submitted under subparagraph
(D) meets the requirements of this paragraph, immediately
on receipt of the application issue a de minimis use
authorization for the filming or still photography
activity.
``(F) Requirements.--The Secretary shall only issue a de
minimis use authorization under this paragraph if the filming
or still photography activity--
``(i) involves a group of not fewer than 6 individuals
and not more than 8 individuals;
``(ii) meets each of the requirements described in
paragraph (5); and
``(iii) is consistent with subsection (c).
``(G) Contents.--A de minimis use authorization issued
under this paragraph shall list the requirements described in
subparagraph (F).
``(4) Required permits.--
``(A) In general.--Except as provided in paragraph (2)(B),
the Secretary may require a permit application and, if a permit
is issued, assess a reasonable fee, as described in subsection
(b)(1), for a filming or still photography activity that--
``(i) involves more than 8 individuals; or
``(ii) does not meet each of the requirements described
in paragraph (5).
``(B) Wilderness act clarification.--No provision of this
subsection is intended to or shall be construed to conflict
with the provisions of the Wilderness Act of 1964 (16 U.S.C.
1131 et seq.).
``(5) Requirements for filming or still photography activity.--
The requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii),
(4)(B), and (7)(C) are as follows:
``(A) A person conducts the filming or still photography
activity in a manner that--
``(i) does not impede or intrude on the experience of
other visitors to the applicable System unit;
``(ii) except as otherwise authorized, does not disturb
or negatively impact--
``(I) a natural or cultural resource; or
``(II) an environmental or scenic value; and
``(iii) allows for equitable allocation or use of
facilities of the applicable System unit.
``(B) The person conducts the filming or still photography
activity at a location in which the public is allowed.
``(C) The person conducting the filming or still
photography activity does not require the exclusive use of a
site or area.
``(D) The person does not conduct the filming or still
photography activity in a localized area that receives a very
high volume of visitation.
``(E) The person conducting the filming or still
photography activity does not use a set or staging equipment,
subject to the limitation that handheld equipment (such as a
tripod, monopod, and handheld lighting equipment) shall not be
considered staging equipment for the purposes of this
subparagraph.
``(F) The person conducting the filming or still
photography activity complies with and adheres to visitor use
policies, practices, and regulations applicable to the
applicable System unit.
``(G) The filming or still photography activity is not
likely to result in additional administrative costs being
incurred by the Secretary with respect to the filming or still
photography activity, as determined by the Secretary.
``(H) The person conducting the filming or still
photography activity complies with other applicable Federal,
State (as such term is defined in section 3 of the EXPLORE
Act), and local laws (including regulations), including laws
relating to the use of unmanned aerial equipment.
``(6) Content creation.--Regardless of distribution platform,
any video, still photograph, or audio recording for commercial or
noncommercial content creation in a System unit shall be considered
to be a filming or still photography activity under this
subsection.
``(7) Effect.--
``(A) Permits requested though not required.--On the
request of a person intending to carry out a filming or still
photography activity, the Secretary may issue a permit for the
filming or still photography activity, even if a permit for the
filming or still photography activity is not required under
this section.
``(B) No additional permits, commercial use authorizations,
or fees for filming and still photography at authorized
events.--A filming or still photography activity at an activity
or event that is allowed or authorized, including a wedding,
engagement party, family reunion, or celebration of a graduate,
shall be considered merely incidental for the purposes of
paragraph (2)(B).
``(C) Monetary compensation.--The receipt of monetary
compensation by the person conducting the filming or still
photography activity shall not affect the permissibility of the
filming or still photography activity.
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in subsection
(a)(4) shall meet each of the following criteria:
``(A) The reasonable fee shall provide a fair return to the
United States.
``(B) The reasonable fee shall be based on the following
criteria:
``(i) The number of days of the filming or still
photography activity.
``(ii) The size of the film or still photography crew
present in the System unit.
``(iii) The quantity and type of film or still
photography equipment present in the System unit.
``(iv) Any other factors that the Secretary determines
to be necessary.
``(2) Recovery of costs.--
``(A) In general.--The Secretary shall collect from the
applicant for the applicable permit any costs incurred by the
Secretary related to a filming or still photography activity
subject to a permit under subsection (a)(4), including--
``(i) the costs of the review or issuance of the
permit; and
``(ii) related administrative and personnel costs.
``(B) Effect on fees collected.--All costs recovered under
subparagraph (A) shall be in addition to the fee described in
paragraph (1).
``(3) Use of proceeds.--
``(A) Fees.--All fees collected under this section shall--
``(i) be available for expenditure by the Secretary,
without further appropriation; and
``(ii) remain available until expended.
``(B) Costs.--All costs recovered under paragraph (2)(A)
shall--
``(i) be available for expenditure by the Secretary,
without further appropriation, at the System unit at which
the costs are collected; and
``(ii) remain available until expended.
``(c) Protection of Resources.--The Secretary shall not allow a
person to undertake a filming or still photography activity if the
Secretary determines that--
``(1) there is a likelihood that the person would cause
resource damage at the System unit, except as otherwise authorized;
``(2) the person would create an unreasonable disruption of the
use and enjoyment by the public of the System unit; or
``(3) the filming or still photography activity poses a health
or safety risk to the public.
``(d) Processing of Permit Applications.--
``(1) In general.--The Secretary shall establish a process to
ensure that the Secretary responds in a timely manner to an
application for a permit for a filming or still photography
activity required under subsection (a)(4).
``(2) Coordination.--If a permit is required under this section
for 2 or more Federal agencies or System units, the Secretary and
the head of any other applicable Federal agency, as applicable,
shall, to the maximum extent practicable, coordinate permit
processing procedures, including through the use of identifying a
lead agency or lead System unit--
``(A) to review the application for the permit;
``(B) to issue the permit; and
``(C) to collect any required fees.''.
(2) Clerical amendment.--The table of sections for chapter 1009
of title 54, United States Code, is amended by striking the item
relating to section 100905 and inserting the following:
``100905. Filming and still photography in System units.''.
(b) Filming on Other Federal Land.--Public Law 106-206 (16 U.S.C.
460l-6d) is amended by striking section 1 and inserting the following:
``SEC. 1. FILMING AND STILL PHOTOGRAPHY.
``(a) Filming and Still Photography.--
``(1) In general.--The Secretary concerned shall ensure that a
filming or still photography activity or similar project at a
Federal land management unit (referred to in this section as a
`filming or still photography activity') and the authorizing or
permitting of a filming or still photography activity are carried
out consistent with--
``(A) the laws and policies applicable to the Secretary
concerned; and
``(B) an applicable general management plan.
``(2) No permits required.--The Secretary concerned shall not
require an authorization or a permit or assess a fee, if a fee for
a filming or still photography activity is not otherwise required
by law, for a filming or still photography activity that--
``(A)(i) involves fewer than 6 individuals; and
``(ii) meets each of the requirements described in
paragraph (5); or
``(B) is merely incidental to, or documenting, an activity
or event that is allowed or authorized at the Federal land
management unit, regardless of--
``(i) the number of individuals participating in the
allowed or authorized activity or event; or
``(ii) whether any individual receives compensation for
any products of the filming or still photography activity.
``(3) Filming and still photography authorizations for de
minimis use.--
``(A) In general.--The Secretary concerned shall establish
a de minimis use authorization for certain filming or still
photography activities that meets the requirements described in
subparagraph (F).
``(B) Policy.--For a filming or still photography activity
that meets the requirements described in subparagraph (F), the
Secretary concerned--
``(i) may require a de minimis use authorization; and
``(ii) shall not require a permit.
``(C) No fee.--The Secretary concerned shall not charge a
fee for a de minimis use authorization under this paragraph.
``(D) Access.--The Secretary concerned shall enable members
of the public to apply for and obtain a de minimis use
authorization under this paragraph--
``(i) through the website of the Department of the
Interior or the Forest Service, as applicable; and
``(ii) in person at the field office for the Federal
land management unit.
``(E) Issuances.--The Secretary concerned shall--
``(i) establish a procedure--
``(I) to automate the approval of an application
submitted through the website of the Department of the
Interior or the Forest Service, as applicable, under
subparagraph (D)(i); and
``(II) to issue a de minimis use authorization
under this paragraph immediately on receipt of an
application that is submitted in person at the field
office for the Federal land management unit under
subparagraph (D)(ii); and
``(ii) if an application submitted under subparagraph
(D) meets the requirements of this paragraph, immediately
on receipt of the application issue a de minimis use
authorization for the filming or still photography
activity.
``(F) Terms.--The Secretary concerned shall only issue a de
minimis use authorization under this paragraph if the filming
or still photography activity--
``(i) involves a group of not fewer than 6 individuals
and not more than 8 individuals;
``(ii) meets each of the requirements described in
paragraph (5); and
``(iii) is consistent with subsection (c).
``(G) Contents.--A de minimis use authorization issued
under this paragraph shall list the requirements described in
subparagraph (F).
``(4) Required permits.--
``(A) In general.--Except as provided in paragraph (2)(B),
the Secretary concerned may require a permit application and,
if a permit is issued, assess a reasonable fee, as described in
subsection (b)(1), for a filming or still photography activity
that--
``(i) involves more than 8 individuals; or
``(ii) does not meet each of the requirements described
in paragraph (5).
``(B) Wilderness act clarification.--No provision of this
subsection is intended to or shall be construed to conflict
with the provisions of the Wilderness Act of 1964 (16 U.S.C.
1131 et seq.).
``(5) Requirements for filming or still photography activity.--
The requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii),
(4)(B), and (7)(C) are as follows:
``(A) A person conducts the filming or still photography
activity in a manner that--
``(i) does not impede or intrude on the experience of
other visitors to the Federal land management unit;
``(ii) except as otherwise authorized, does not disturb
or negatively impact--
``(I) a natural or cultural resource; or
``(II) an environmental or scenic value; and
``(iii) allows for equitable allocation or use of
facilities of the Federal land management unit.
``(B) The person conducts the filming or still photography
activity at a location in which the public is allowed.
``(C) The person conducting the filming or still
photography activity does not require the exclusive use of a
site or area.
``(D) The person does not conduct the filming or still
photography activity in a localized area that receives a very
high volume of visitation.
``(E) The person conducting the filming or still
photography activity does not use a set or staging equipment,
subject to the limitation that handheld equipment (such as a
tripod, monopod, and handheld lighting equipment) shall not be
considered staging equipment for the purposes of this
subparagraph.
``(F) The person conducting the filming or still
photography activity complies with and adheres to visitor use
policies, practices, and regulations applicable to the Federal
land management unit.
``(G) The filming or still photography activity is not
likely to result in additional administrative costs being
incurred by the Secretary concerned with respect to the filming
or still photography activity, as determined by the Secretary
concerned.
``(H) The person conducting the filming or still
photography activity complies with other applicable Federal,
State (as such term is defined in section 3 of the EXPLORE
Act), and local laws (including regulations), including laws
relating to the use of unmanned aerial equipment.
``(6) Content creation.--Regardless of distribution platform,
any video, still photograph, or audio recording for commercial or
noncommercial content creation at a Federal land management unit
shall be considered to be a filming or still photography activity
under this subsection.
``(7) Effect.--
``(A) Permits requested though not required.--On the
request of a person intending to carry out a filming or still
photography activity, the Secretary concerned may issue a
permit for the filming or still photography activity, even if a
permit for the filming or still photography activity is not
required under this section.
``(B) No additional permits, commercial use authorizations,
or fees for filming and still photography at authorized
events.--A filming or still photography activity at an activity
or event that is allowed or authorized, including a wedding,
engagement party, family reunion, or celebration of a graduate,
shall be considered merely incidental for the purposes of
paragraph (2)(B).
``(C) Monetary compensation.--The receipt of monetary
compensation by the person engaged in the filming or still
photography activity shall not affect the permissibility of the
filming or still photography activity.
``(b) Fees and Recovery Costs.--
``(1) Fees.--The reasonable fees referred to in subsection
(a)(4) shall meet each of the following criteria:
``(A) The reasonable fee shall provide a fair return to the
United States.
``(B) The reasonable fee shall be based on the following
criteria:
``(i) The number of days of the filming or still
photography activity.
``(ii) The size of the film or still photography crew
present at the Federal land management unit.
``(iii) The quantity and type of film or still
photography equipment present at the Federal land
management unit.
``(iv) Any other factors that the Secretary concerned
determines to be necessary.
``(2) Recovery of costs.--
``(A) In general.--The Secretary concerned shall collect
from the applicant for the applicable permit any costs incurred
by the Secretary concerned related to a filming or still
photography activity subject to a permit under subsection
(a)(4), including--
``(i) the costs of the review or issuance of the
permit; and
``(ii) related administrative and personnel costs.
``(B) Effect on fees collected.--All costs recovered under
subparagraph (A) shall be in addition to the fee described in
paragraph (1).
``(3) Use of proceeds.--
``(A) Fees.--All fees collected under this section shall--
``(i) be available for expenditure by the Secretary
concerned, without further appropriation; and
``(ii) remain available until expended.
``(B) Costs.--All costs recovered under paragraph (2)(A)
shall--
``(i) be available for expenditure by the Secretary
concerned, without further appropriation, at the Federal
land management unit at which the costs are collected; and
``(ii) remain available until expended.
``(c) Protection of Resources.--The Secretary concerned shall not
allow a person to undertake a filming or still photography activity if
the Secretary concerned determines that--
``(1) there is a likelihood that the person would cause
resource damage at the Federal land management unit, except as
otherwise authorized;
``(2) the person would create an unreasonable disruption of the
use and enjoyment by the public of the Federal land management
unit; or
``(3) the filming or still photography activity poses a health
or safety risk to the public.
``(d) Processing of Permit Applications.--
``(1) In general.--The Secretary concerned shall establish a
process to ensure that the Secretary concerned responds in a timely
manner to an application for a permit for a filming or still
photography activity required under subsection (a)(4).
``(2) Coordination.--If a permit is required under this section
for 2 or more Federal agencies or Federal land management units,
the Secretary concerned and the head of any other applicable
Federal agency, as applicable, shall, to the maximum extent
practicable, coordinate permit processing procedures, including
through the use of identifying a lead agency or lead Federal land
management unit--
``(A) to review the application for the permit;
``(B) to issue the permit; and
``(C) to collect any required fees.
``(e) Definitions.--In this section:
``(1) Federal land management unit.--The term `Federal land
management unit' means--
``(A) Federal land (other than National Park System land)
under the jurisdiction of the Secretary of the Interior; and
``(B) National Forest System land.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of the Interior, with respect to land
described in paragraph (1)(A); and
``(B) the Secretary of Agriculture, with respect to land
described in paragraph (1)(B).''.
SEC. 126. CAPE AND ANTLER PRESERVATION ENHANCEMENT.
Section 104909(c) of title 54, United States Code, is amended by
striking ``meat from'' and inserting ``meat and any other part of an
animal removed pursuant to''.
SEC. 127. MOTORIZED AND NONMOTORIZED ACCESS.
(a) In General.--The Secretary concerned shall seek to have, not
later than 5 years after the date of the enactment of this title, in a
printed and publicly available format that is compliant with the format
for geographic information systems--
(1) for each district administered by the Director of the
Bureau of Land Management, a ground transportation linear feature
map authorized for public use or administrative use; and
(2) for each unit of the National Forest System, a motor
vehicle use map, in accordance with existing law.
(b) Over-Snow Vehicle-Use Maps.--The Secretary concerned shall seek
to have, not later than 10 years after the date of the enactment of
this title, in a printed and publicly available format that is
compliant with the format for geographic information systems, an over-
snow vehicle-use map for each unit of Federal recreational lands and
waters administered by the Chief of the Forest Service or Director of
the Bureau of Land Management on which over-snow vehicle-use occurs, in
accordance with existing law.
(c) Out-of-Date Maps.--Not later than 20 years after the date on
which the Secretary concerned adopted or reviewed, through public
notice and comment, a map described in subsection (a) or (b), the
Secretary concerned shall seek to review, through public notice and
comment, and update, as necessary, the applicable map.
(d) Motorized and Nonmotorized Access.--The Secretaries shall seek
to create additional opportunities, as appropriate, and in accordance
with existing law, for motorized and nonmotorized access and
opportunities on Federal recreational lands and waters administered by
the Chief of the Forest Service or the Director of the Bureau of Land
Management.
(e) Savings Clause.--Nothing in this section prohibits a lawful
use, including authorized motorized or nonmotorized uses, on Federal
recreational lands and waters administered by the Chief of the Forest
Service or the Director of the Bureau of Land Management, if the
Secretary concerned fails to meet a timeline established under this
section.
SEC. 128. AQUATIC RESOURCE ACTIVITIES ASSISTANCE.
(a) Definitions.--In this section:
(1) Aquatic nuisance species task force.--The term ``Aquatic
Nuisance Species Task Force'' means the Aquatic Nuisance Species
Task Force established by section 1201(a) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4721(a)).
(2) Decontamination.--The term ``decontamination'' means
actions to remove aquatic nuisance species to prevent introduction
or spread into new aquatic ecosystems.
(3) Federal land and water.--The term ``Federal land and
water'' means Federal land and water operated and maintained by the
Bureau of Land Management, the U.S. Fish and Wildlife Service, the
Bureau of Reclamation, the Forest Service, or the National Park
Service, as applicable.
(4) Indian tribe.--The term ``Indian Tribe'' has the meaning
given such term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(5) Inspection.--The term ``inspection'' means actions to find
aquatic nuisance species to prevent introduction or spread into new
aquatic ecosystems.
(6) Partner.--The term ``partner'' means--
(A) a Reclamation State;
(B) an Indian Tribe in a Reclamation State;
(C) an applicable nonprofit organization in a Reclamation
State;
(D) a unit of local government in a Reclamation State; or
(E) a private entity.
(7) Reclamation state.--The term ``Reclamation State'' includes
any of the following States:
(A) Alaska.
(B) Arizona.
(C) California.
(D) Colorado.
(E) Idaho.
(F) Kansas.
(G) Montana.
(H) Nebraska.
(I) Nevada.
(J) New Mexico.
(K) North Dakota.
(L) Oklahoma.
(M) Oregon.
(N) South Dakota.
(O) Texas.
(P) Utah.
(Q) Washington.
(R) Wyoming.
(8) Reclamation project.--The term ``reclamation project'' has
the meaning given such term in section 2803(3) of the Reclamation
Projects Authorization and Adjustment Act of 1992 (16 U.S.C. 460l-
32(3)).
(9) Secretaries.--The term ``Secretaries'' means each of the
following:
(A) The Secretary, acting through the Director of the
Bureau of Land Management, the Commissioner of Reclamation, and
the Director of the National Park Service.
(B) The Secretary of Agriculture, acting through the Chief
of the Forest Service.
(10) Vessel.--The term ``vessel'' means any watercraft or other
contrivance used or designed for transportation or navigation on,
under, or immediately above, water.
(b) Authority of Bureau of Land Management, Bureau of Reclamation,
National Park Service, and Forest Service With Respect to Certain
Aquatic Resource Activities on Federal Land and Waters.--
(1) In general.--The head of each Federal land management
agency is authorized to carry out inspections and decontamination
of vessels entering or leaving Federal land and waters under the
jurisdiction of the respective Federal land management agency.
(2) Requirements.--The Secretaries shall--
(A) in carrying out an inspection and decontamination under
paragraph (1), coordinate with 1 or more partners;
(B) consult with the Aquatic Nuisance Species Task Force to
identify potential improvements and efficiencies in the
detection and management of aquatic nuisance species on Federal
land and water; and
(C) to the maximum extent practicable, inspect and
decontaminate vessels in a manner that minimizes disruptions to
public access for boating and recreation in noncontaminated
vessels.
(3) Partnerships.--The Secretaries may enter into a partnership
to lead, collaborate with, or provide technical assistance to a
partner--
(A) to carry out an inspection or decontamination of
vessels; or
(B) to establish an inspection and decontamination station
for vessels.
(4) Limitation.--The Secretaries shall not prohibit access to
vessels due solely to the absence of a Federal, State, or partner's
inspection program or station.
(5) Exceptions.--
(A) Authority to regulate vessels.--Nothing in this section
shall be construed to limit the authority of the Commandant of
the Coast Guard to regulate vessels provided under any other
provision of law.
(B) Applicability.--Authorities granted in this subsection
shall not apply at locations where inspection or
decontamination activities would duplicate efforts by the Coast
Guard.
(6) Data sharing.--The Secretaries shall make available to a
Reclamation State any relevant data gathered related to inspections
or decontaminations carried out under this subsection in such
State.
(c) Grant Program for Reclamation States for Vessel Inspection and
Decontamination Stations.--
(1) Vessels inspections in reclamation states.--Subject to the
availability of appropriations, the Secretary, acting through the
Commissioner of Reclamation, shall establish a competitive grant
program to provide financial assistance to partners to conduct
inspections and decontamination of vessels operating in Reclamation
projects, including to purchase, establish, operate, or maintain a
vessel inspection and decontamination station.
(2) Cost share.--The Federal share of the cost of a grant under
paragraph (1), including personnel costs, shall not exceed 75
percent.
(3) Standards.--Before awarding a grant under paragraph (1),
the Secretary shall determine that the project is technically and
financially feasible.
(4) Coordination.--In carrying out this subsection, the
Secretary shall coordinate with--
(A) each of the Reclamation States;
(B) affected Indian Tribes; and
(C) the Aquatic Nuisance Species Task Force.
Subtitle C--Supporting Gateway Communities and Addressing Park
Overcrowding
SEC. 131. GATEWAY COMMUNITIES.
(a) Assessment of Impacts and Needs in Gateway Communities.--The
Secretaries--
(1) shall collaborate with State and local governments, Indian
Tribes, housing authorities, applicable trade associations,
nonprofit organizations, private entities, and other relevant
stakeholders to identify needs and economic impacts in gateway
communities, including--
(A) housing shortages;
(B) demands on existing municipal infrastructure;
(C) accommodation and management of sustainable visitation;
and
(D) the expansion and diversification of visitor
experiences by bolstering the visitation at--
(i) existing developed locations that are underutilized
on nearby Federal recreational lands and waters that are
suitable for developing, expanding, or enhancing recreation
use, as identified by the Secretaries; or
(ii) existing developed and suitable lesser-known
recreation sites, as identified under section 5(b)(1)(B),
on nearby land managed by a State agency or a local agency;
and
(2) may address a need identified under paragraph (1) by--
(A) providing financial or technical assistance to a
gateway community under an existing program;
(B) entering into an agreement, right-of-way, or easement,
in accordance with applicable laws; or
(C) issuing an entity referred to in paragraph (1) a
special use permit (other than a special recreation permit (as
defined in section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801)), in accordance with
applicable laws.
(b) Technical and Financial Assistance to Businesses.--
(1) In general.--The Secretary of Agriculture (acting through
the Administrator of the Rural Business-Cooperative Service), in
coordination with the Secretary and the Secretary of Commerce,
shall provide to businesses in gateway communities the assistance
described in paragraph (2) to establish, operate, or expand
infrastructure to accommodate and manage sustainable visitation,
including hotels, campgrounds, and restaurants.
(2) Assistance.--The Secretary of Agriculture may provide
assistance under paragraph (1) through the use of existing, or the
establishment of new, entrepreneur and vocational training
programs, technical assistance programs, low-interest business loan
programs, and loan guarantee programs.
(c) Partnerships.--In carrying out this section, the Secretaries
may, in accordance with applicable laws, enter into a public-private
partnership, cooperative agreement, memorandum of understanding, or
similar agreement with a gateway community or a business in a gateway
community.
SEC. 132. IMPROVED RECREATION VISITATION DATA.
(a) Consistent Visitation Data.--
(1) Annual visitation data.--The Secretaries shall establish a
single visitation data reporting system to report accurate annual
visitation data, in a consistent manner, for--
(A) each unit of Federal recreational lands and waters; and
(B) land held in trust for an Indian Tribe, on request of
the Indian Tribe.
(2) Categories of use.--Within the visitation data reporting
system established under paragraph (1), the Secretaries shall--
(A) establish multiple categories of different recreation
activities that are reported consistently across agencies; and
(B) provide an estimate of the number of visitors for each
applicable category established under subparagraph (A) for each
unit of Federal recreational lands and waters.
(b) Real-Time Data Pilot Program.--
(1) In general.--Not later than 5 years after the date of the
enactment of this title, using existing funds available to the
Secretaries, the Secretaries shall carry out a pilot program, to be
known as the ``Real-Time Data Pilot Program'' (referred to in this
section as the ``Pilot Program''), to make available to the public,
for each unit of Federal recreational lands and waters selected for
participation in the Pilot Program under paragraph (2)--
(A) real-time or predictive data on visitation (including
data and resources publicly available from existing
nongovernmental platforms) at--
(i) the unit of Federal recreational lands and waters;
(ii) to the extent practicable, areas within the unit
of Federal recreational lands and waters; and
(iii) to the extent practicable, recreation sites
managed by any other Federal agency, a State agency, or a
local agency that are located near the unit of Federal
recreational lands and waters; and
(B) through multiple media platforms, information about
lesser-known recreation sites located near the unit of Federal
recreational lands and waters (including recreation sites
managed by any other Federal agency, a State agency, or a local
agency), in an effort to encourage visitation among
recreational sites.
(2) Locations.--
(A) Initial number of units.--On establishment of the Pilot
Program, the Secretaries shall select for participation in the
Pilot Program--
(i) 10 units of Federal recreational lands and waters
managed by the Secretary;
(ii) 5 units of Federal recreational lands and waters
managed by the Secretary of Agriculture (acting through the
Chief of the Forest Service);
(iii) 1 unit of Federal recreational lands and waters
managed by the Secretary of Commerce (acting through the
Administrator of the National Oceanic and Atmospheric
Administration); and
(iv) 1 unit of Federal recreational lands and waters
managed by the Assistant Secretary of Army for Civil Works.
(B) Report.--Not later than 6 years after the date of the
enactment of this title, the Secretaries shall submit a report
to Congress regarding the implementation of the pilot program,
including policy recommendations to expand the pilot program to
additional units managed by the Secretaries.
(C) Feedback; support of gateway communities.--The
Secretaries shall--
(i) solicit feedback regarding participation in the
Pilot Program from communities adjacent to units of Federal
recreational lands and waters and the public; and
(ii) in carrying out subparagraphs (A) and (B), select
a unit of Federal recreation lands and waters to
participate in the Pilot Program only if the community
adjacent to the unit of Federal recreational lands and
waters is supportive of the participation of the unit of
Federal recreational lands and waters in the Pilot Program.
(3) Dissemination of information.--The Secretaries may
disseminate the information described in paragraph (1) directly or
through an entity or organization referred to in subsection (c).
(4) Inclusion of current assessments.--In carrying out the
Pilot Program, the Secretaries may, to the extent practicable, rely
on assessments completed or data gathered prior to the date of
enactment of this title.
(c) Community Partners and Third-Party Providers.--For purposes of
carrying out this section, the Secretary concerned may--
(1) coordinate and partner with--
(A) communities adjacent to units of Federal recreational
lands and waters;
(B) State and local outdoor recreation and tourism offices;
(C) local governments;
(D) Indian Tribes;
(E) trade associations;
(F) local outdoor recreation marketing organizations;
(G) permitted facilitated recreation providers; or
(H) other relevant stakeholders; and
(2) coordinate or enter into agreements, as appropriate, with
private sector and nonprofit partners, including--
(A) technology companies;
(B) geospatial data companies;
(C) experts in data science, analytics, and operations
research; or
(D) data companies.
(d) Existing Programs.--The Secretaries may use existing programs
or products of the Secretaries to carry out this section.
(e) Privacy Clauses.--Nothing in this section provides authority to
the Secretaries--
(1) to monitor or record the movements of a visitor to a unit
of Federal recreational lands and waters;
(2) to restrict, interfere with, or monitor a private
communication of a visitor to a unit of Federal recreational lands
and waters; or
(3) to collect--
(A) information from owners of land adjacent to a unit of
Federal recreational lands and waters; or
(B) information on non-Federal land.
(f) Reports.--Not later than 1 year after the date of the enactment
of this title, and annually thereafter, the Secretaries shall publish
on a website of the Secretaries a report that describes the annual
visitation of each unit of Federal recreational lands and waters,
including, to the maximum extent practicable, visitation categorized by
recreational activity.
(g) DEFINITIONS.--In this section--
(1) Federal recreational lands and waters.--The term ``Federal
recreational lands and waters''--
(A) has the meaning given the term in section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801); and
(B) includes Federal lands and waters managed by the
National Oceanic and Atmospheric Administration and the U.S.
Army Corps of Engineers.
(2) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary, with respect to lands under the
jurisdiction of the Secretary;
(B) the Secretary of Agriculture, acting through the Chief
of the Forest Service, with respect to lands under the
jurisdiction of the Forest Service;
(C) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, with respect to Federal waters under the
jurisdiction of the National Oceanic and Atmospheric
Administration; and
(D) the Assistant Secretary of Army for Civil Works, with
respect to lakes and reservoirs under the jurisdiction of the
U.S. Army Corps of Engineers.
SEC. 133. MONITORING FOR IMPROVED RECREATION DECISION MAKING.
(a) In General.--The Secretaries shall seek to capture
comprehensive recreation use data to better understand and inform
decision making by the Secretaries.
(b) Pilot Protocols.--Not later than 1 year after the date of the
enactment of this title, and after public notice and comment, the
Secretaries shall establish pilot protocols at not fewer than 10 land
management units under the jurisdiction of each of the Secretaries to
model recreation use patterns (including low-use recreation activities
and dispersed recreation activities) that may not be effectively
measured by existing general and opportunistic survey and monitoring
protocols.
(c) Secretaries Defined.--In this section, the term ``Secretaries''
means--
(1) the Secretary, with respect to lands under the jurisdiction
of the Secretary;
(2) the Secretary of Agriculture, acting through the Chief of
the Forest Service, with respect to lands under the jurisdiction of
the Forest Service;
(3) the Secretary of Commerce, acting through the Administrator
of the National Oceanic and Atmospheric Administration, with
respect to Federal waters under the jurisdiction of the National
Oceanic and Atmospheric Administration; and
(4) the Assistant Secretary of Army for Civil Works, with
respect to lakes and reservoirs under the jurisdiction of the U.S.
Army Corps of Engineers.
Subtitle D--Broadband Connectivity on Federal Recreational Lands and
Waters
SEC. 141. CONNECT OUR PARKS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Energy and Natural Resources of the
Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Natural Resources of the House of
Representatives; and
(D) the Committee on Energy and Commerce of the House of
Representatives.
(2) Broadband internet access service.--The term ``broadband
internet access service'' has the meaning given the term in section
8.1(b) of title 47, Code of Federal Regulations (or a successor
regulation).
(3) Cellular service.--The term ``cellular service'' has the
meaning given the term in section 22.99 of title 47, Code of
Federal Regulations (or a successor regulation).
(4) National park.--The term ``National Park'' means a unit of
the National Park System.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the National Park
Service.
(b) Assessment.--
(1) In general.--Not later than 1 year after the date of the
enactment of this title, the Secretary shall complete an assessment
of National Parks to identify--
(A) locations in National Parks in which there is the
greatest need for broadband internet access service, based on
the considerations described in paragraph (2)(A); and
(B) areas in National Parks in which there is the greatest
need for cellular service, based on the considerations
described in paragraph (2)(B).
(2) Considerations.--
(A) Broadband internet access service.--For purposes of
identifying locations in National Parks under paragraph (1)(A),
the Secretary shall consider, with respect to each National
Park, the availability of broadband internet access service
in--
(i) housing;
(ii) administrative facilities and related structures;
(iii) lodging;
(iv) developed campgrounds; and
(v) any other location within the National Park in
which broadband internet access service is determined to be
necessary by the superintendent of the National Park.
(B) Cellular service.--For purposes of identifying areas in
National Parks under paragraph (1)(B), the Secretary shall
consider, with respect to each National Park, the availability
of cellular service in any developed area within the National
Park that would increase--
(i) the access of the public to emergency services and
traveler information technologies; or
(ii) the communications capabilities of National Park
Service employees.
(3) Report.--On completion of the assessment under paragraph
(1), the Secretary shall submit to the appropriate committees of
Congress, and make available on the website of the Department of
the Interior, a report describing the results of the assessment.
(c) Plan.--
(1) In general.--Not later than 3 years after the date of the
enactment of this title, the Secretary shall develop a plan, based
on the results of the assessment completed under subsection (b) and
subject to paragraph (4)--
(A) to install broadband internet access service
infrastructure in certain locations in National Parks; and
(B) to install cellular service equipment and
infrastructure in certain areas of National Parks.
(2) Consultation.--In developing the plan under paragraph (1),
the Secretary shall consult with--
(A) affected Indian Tribes; and
(B) local stakeholders that the superintendent of the
applicable National Park determines to be appropriate.
(3) Requirements.--The plan developed under paragraph (1)
shall--
(A) provide for avoiding or minimizing impacts to--
(i) National Park viewsheds;
(ii) cultural and natural resources;
(iii) the visitor experience;
(iv) historic properties and the viewsheds of historic
properties; and
(v) other resources or values of the National Park.
(B) provide for infrastructure providing broadband internet
access service or cellular service to be located in--
(i) previously disturbed or developed areas; or
(ii) areas zoned for uses that would support the
infrastructure;
(C) provide for the use of public-private partnerships--
(i) to install broadband internet access service or
cellular service equipment; and
(ii) to provide broadband internet access service or
cellular service;
(D) be technology neutral; and
(E) in the case of broadband internet access service,
provide for broadband internet access service of at least--
(i) a 100-Mbps downstream transmission capacity; and
(ii) a 20-Mbps upstream transmission capacity.
(4) Limitation.--Notwithstanding paragraph (1), a plan
developed under that paragraph shall not be required to address
broadband internet access service or cellular service in any
National Park with respect to which the superintendent of the
National Park determines that there is adequate access to broadband
internet access service or cellular service, as applicable.
SEC. 142. BROADBAND INTERNET CONNECTIVITY AT DEVELOPED RECREATION
SITES.
(a) In General.--The Secretary and the Chief of the Forest Service
shall enter into an agreement with the Secretary of Commerce to foster
the installation or construction of broadband internet infrastructure
at developed recreation sites on Federal recreational lands and waters
to establish broadband internet connectivity--
(1) subject to the availability of appropriations; and
(2) in accordance with applicable law.
(b) Identification.--Not later than 3 years after the date of the
enactment of this title, and annually thereafter through fiscal year
2031, the Secretary and the Chief of the Forest Service, in
coordination with States and local communities, shall make publicly
available--
(1) a list of the highest priority developed recreation sites,
as determined under subsection (c), on Federal recreational lands
and waters that lack broadband internet;
(2) to the extent practicable, an estimate of--
(A) the cost to equip each of those sites with broadband
internet infrastructure; and
(B) the annual cost to operate that infrastructure; and
(3) a list of potential--
(A) barriers to operating the infrastructure described in
paragraph (2)(A); and
(B) methods to recover the costs of that operation.
(c) Priorities.--In selecting developed recreation sites for the
list described in subsection (b)(1), the Secretary and the Chief of the
Forest Service shall give priority to developed recreation sites--
(1) at which broadband internet infrastructure has not been
constructed due to--
(A) geographic challenges; or
(B) the location having an insufficient number of nearby
permanent residents, despite high seasonal or daily visitation
levels; or
(2) that are located in an economically distressed county that
could benefit significantly from developing the outdoor recreation
economy of the county.
SEC. 143. PUBLIC LANDS TELECOMMUNICATIONS COOPERATIVE AGREEMENTS.
(a) Cooperative Agreements for the Department of the Interior.--The
Secretary may enter into cooperative agreements to carry out activities
related to communications sites on lands managed by Federal land
management agencies, including--
(1) administering communications use authorizations;
(2) preparing needs assessments or other programmatic analyses
necessary to establish communications sites and authorize
communications uses on or adjacent to Federal recreational lands
and waters managed by a Federal land management agency;
(3) developing management plans for communications sites on or
adjacent to Federal recreational lands and waters managed by a
Federal land management agency on a competitively neutral,
technology neutral, nondiscriminatory basis;
(4) training for management of communications sites on or
adjacent to Federal recreational lands and waters managed by a
Federal land management agency;
(5) obtaining, improving access to, or establishing
communications sites on or adjacent to Federal recreational lands
and waters managed by a Federal land management agency; and
(6) any combination of purposes described in subparagraphs (1)
through (5).
(b) Clarification of Cooperative Agreement Authority for the Forest
Service.--Section 8705(f) of the Agriculture Improvement Act of 2018
(43 U.S.C. 1761a(f)) is amended by adding at the end the following:
``(6) Cooperative agreement authority.--Subject to the
availability of appropriations made in advance for such purposes,
the Secretary may enter into cooperative agreements to carry out
the activities described in subparagraphs (A) through (D) of
paragraph (4).''.
(c) Assessment of Rental Fee Retention Authority.--Not later than 1
year after the date of the enactment of this title, the Secretary shall
conduct a comprehensive assessment to evaluate the potential benefits
of rental fee retention whereby any fee collected for the occupancy and
use of Federal lands and waters authorized by a communications use
authorization would be deposited into a special account and used solely
for activities related to communications sites on lands and waters
managed by the Secretary.
Subtitle E--Public-Private Parks Partnerships
SEC. 151. AUTHORIZATION FOR LEASE OF FOREST SERVICE ADMINISTRATIVE
SITES.
Section 8623 of the Agriculture Improvement Act of 2018 (16 U.S.C.
580d note; Public Law 115-334) is amended--
(1) in subsection (a)(2)(D), by striking ``dwelling;'' and
inserting ``dwelling or multiunit dwelling;'';
(2) in subsection (c), by striking ``Secretary'' in the middle
of the sentence and inserting ``Chief of the Forest Service, or
their designee'';
(3) in subsection (e)--
(A) in paragraph (3)(B)(ii)--
(i) in subclause (I), by inserting ``such as housing,''
after ``improvements,'';
(ii) in subclause (II), by striking ``and'' at the end;
(iii) in subclause (III), by striking ``or'' at the end
and inserting ``and''; and
(iv) by adding at the end the following:
``(IV) services occurring off the administrative
site that--
``(aa) occur at another administrative site in
the same unit in which the administrative site is
located or a different unit of the National Forest
System;
``(bb) benefit the National Forest System; and
``(cc) support activities occurring within the
unit of the National Forest System in which the
administrative site is located; or''; and
(B) by adding at the end the following:
``(6) Lease term.--
``(A) In general.--The term of a lease of an administrative
site under this section shall be not more than 100 years.
``(B) Reauthorization of use.--A lease of an administrative
site under this section shall include a provision for
reauthorization of the use if the--
``(i) use of the administrative site, at the time of
reauthorization, is still being used for the purposes
authorized;
``(ii) use to be authorized under the new lease is
consistent with the applicable land management plan; and
``(iii) lessee is in compliance with all the terms of
the existing lease.''
``(C) Savings.--A reauthorization of use under subparagraph
(B) may include new terms in the use, as determined by the
Chief of the Forest Service, or their designee.'';
(4) in subsection (g), by--
(A) striking ``to a leaseholder'' after ``payments''; and
(B) inserting ``or constructed'' after ``improved''; and
(5) in subsection (i), by striking ``2023'' each place it
appears and inserting ``2028''.
SEC. 152. PARTNERSHIP AGREEMENTS CREATING TANGIBLE SAVINGS.
Section 101703 of title 54, United States Code, is amended to read
as follows:
``Sec. 101703. Cooperative management agreements
``(a) In General.--To facilitate the administration of the System,
the Secretary, under such terms and conditions as the Secretary
considers advisable, may enter into an agreement with an eligible
entity managing lands and waters located near a System unit to provide
for cooperative management of either a System unit or the lands and
waters located near a System unit to promote more effective and
efficient management of a System unit. The Secretary may not transfer
administration responsibilities for any System unit under this
paragraph.
``(b) Provision of Goods and Services.--
``(1) In general.--Under a cooperative management agreement,
the Secretary may acquire by purchase, donation, or exchange from
and provide to an eligible entity on a reimbursable basis goods and
services to be used by the Secretary or the eligible entity in the
cooperative management of land and waters.
``(2) Retention of funds.--Reimbursements received under this
section may be credited to the appropriation current at the time
reimbursements are received.
``(c) Co-location.--Under the cooperative management agreement, the
Secretary and an eligible entity may co-locate in offices and
facilities owned or leased by either party.
``(d) Employees.--
``(1) Assignment of employee.--The Secretary may arrange an
assignment under section 3372 of title 5 of a Federal employee or
an employee of an eligible entity as mutually agreed upon, for work
on any Federal, State, local, or Tribal land.
``(2) Extension of assignment.--The assignment provided in
paragraph (1) may be extended for any period of time determined by
the Secretary and the eligible entity to be mutually beneficial.
``(e) Definitions.--In this section--
``(1) Eligible entity.--The term `eligible entity' means a
State or local entity or any political subdivision thereof, or an
Indian Tribe or Tribal organization.
``(2) Indian tribe.--The term `Indian Tribe' has the meaning
given the term in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304(e)).
``(3) State.--The term `State' means each of the several
States, the District of Columbia, and each territory of the United
States.
``(4) Tribal organization.--The term `Tribal organization' has
the meaning given the term in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(1)).''.
SEC. 153. PARTNERSHIP AGREEMENTS TO MODERNIZE FEDERALLY OWNED
CAMPGROUNDS, RESORTS, CABINS, AND VISITOR CENTERS ON FEDERAL
RECREATIONAL LANDS AND WATERS.
(a) Definitions.--In this section:
(1) Covered activity.--The term ``covered activity'' means--
(A) a capital improvement, including the construction,
reconstruction, and nonroutine maintenance of any structure,
infrastructure, or improvement, relating to the operation of,
or access to, a covered recreation facility; and
(B) any activity necessary to operate or maintain a covered
recreation facility.
(2) Covered recreation facility.--The term ``covered recreation
facility'' means a federally owned campground, resort, cabin, or
visitor center that is--
(A) in existence on the date of the enactment of this
title; and
(B) located on Federal recreational lands and waters
administered by--
(i) the Chief of the Forest Service; or
(ii) the Director of the Bureau of Land Management.
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a unit of State, Tribal, or local government;
(B) a nonprofit organization; and
(C) a private entity.
(b) Pilot Program.--The Secretaries shall establish a pilot program
under which the Secretary concerned may enter into an agreement with,
or issue or amend a land use authorization to, an eligible entity to
allow the eligible entity to carry out covered activities relating to a
covered recreation facility, subject to the requirements of this
section and the terms of any relevant land use authorization,
regardless of whether the eligible entity holds, on the date of the
enactment of this title, an authorization to be a concessionaire for
the covered recreation facility.
(c) Minimum Number of Agreements or Land Use Authorizations.--Not
later than 3 years after the date of the enactment of this title, the
Secretary concerned shall enter into at least 1 agreement or land use
authorization under subsection (b) in--
(1) a unit of the National Forest System in each region of the
National Forest System; and
(2) Federal recreational lands and waters administered by the
Director of the Bureau of Land Management in not fewer than 5
States in which the Bureau of Land Management administers Federal
recreational lands and waters.
(d) Requirements.--
(1) Development plans.--Before entering into an agreement or
issuing a land use authorization under subsection (b), an eligible
entity shall submit to the Secretary concerned a development plan
that--
(A) describes investments in the covered recreation
facility to be made by the eligible entity during the first 3
years of the agreement or land use authorization;
(B) describes annual maintenance spending to be made by the
eligible entity for each year of the agreement or land use
authorization; and
(C) includes any other terms and conditions determined to
be necessary or appropriate by the Secretary concerned.
(2) Agreements and land use authorizations.--An agreement or
land use authorization under subsection (b) shall--
(A) be for a term of not more than 30 years, commensurate
with the level of investment;
(B) require that, not later than 3 years after the date on
which the Secretary concerned enters into the agreement or
issues or amends the land use authorization, the applicable
eligible entity shall expend, place in an escrow account for
the eligible entity to expend, or deposit in a special account
in the Treasury for expenditure by the Secretary concerned,
without further appropriation, for covered activities relating
to the applicable covered recreation facility, an amount or
specified percentage, as determined by the Secretary concerned,
which shall be equal to not less than $500,000, of the
anticipated receipts for the term of the agreement or land use
authorization;
(C) require the eligible entity to operate and maintain the
covered recreation facility and any associated infrastructure
designated by the Secretary concerned in a manner acceptable to
the Secretary concerned and the eligible entity;
(D) include any terms and conditions that the Secretary
concerned determines to be necessary for a special use permit
issued under section 7 of the Act of April 24, 1950 (commonly
known as the ``Granger-Thye Act'') (64 Stat. 84, chapter 97; 16
U.S.C. 580d), including the payment described in subparagraph
(E) or the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), as applicable;
(E) provide for payment to the Federal Government of a fee
or a sharing of revenue--
(i) consistent with--
(I) the land use fee for a special use permit
authorized under section 7 of the Act of April 24, 1950
(commonly known as the ``Granger-Thye Act'') (64 Stat.
84, chapter 97; 16 U.S.C. 580d); or
(II) the value to the eligible entity of the rights
provided by the agreement or land use authorization,
taking into account the capital invested by, and
obligations of, the eligible entity under the agreement
or land use authorization; and
(ii) all or part of which may be offset by the work to
be performed at the expense of the eligible entity that is
separate from the routine costs of operating and
maintaining the applicable covered recreation facility and
any associated infrastructure designated by the Secretary
concerned, as determined to be appropriate by the Secretary
concerned;
(F) include provisions stating that--
(i) the eligible entity shall obtain no property
interest in the covered recreation facility pursuant to the
expenditures of the eligible entity, as required by the
agreement or land use authorization;
(ii) all structures and other improvements constructed,
reconstructed, or nonroutinely maintained by that entity
under the agreement or land use authorization on land owned
by the United States shall be the property of the United
States; and
(iii) the eligible entity shall be solely responsible
for any cost associated with the decommissioning or removal
of a capital improvement, if needed, at the conclusion of
the agreement or land use authorization; and
(G) be subject to any other terms and conditions determined
to be necessary or appropriate by the Secretary concerned.
(e) Land Use Fee Retention.--A land use fee paid or revenue shared
with the Secretary concerned under an agreement or land use
authorization under this section shall be available for expenditure by
the Secretary concerned for recreation-related purposes on the unit or
area of Federal recreational lands and waters at which the land use fee
or revenue is collected, without further appropriation.
SEC. 154. PARKING AND RESTROOM OPPORTUNITIES FOR FEDERAL
RECREATIONAL LANDS AND WATERS.
(a) Parking Opportunities.--
(1) In general.--The Secretaries shall seek to increase and
improve parking opportunities for persons recreating on Federal
recreational lands and waters--
(A) in accordance with existing laws and applicable land
use plans;
(B) in a manner that minimizes any increase in maintenance
obligations on Federal recreational lands and waters; and
(C) in a manner that does not impact wildlife habitat that
is critical to the mission of a Federal agency responsible for
managing Federal recreational lands and waters.
(2) Authority.--To supplement the quantity of parking spaces
available at units of Federal recreational lands and waters on the
date of the enactment of this title, the Secretaries may--
(A) enter into a public-private partnership for parking
opportunities on non-Federal land;
(B) enter into contracts or agreements with State, Tribal,
or local governments for parking opportunities using non-
Federal lands and resources; or
(C) provide alternative transportation systems for a unit
of Federal recreational lands and waters.
(b) Restroom Opportunities.--
(1) In general.--The Secretaries shall seek to increase and
improve the function, cleanliness, and availability of restroom
facilities for persons recreating on Federal recreational lands and
waters, including by entering into partnerships with non-Federal
partners, including State, Tribal, and local governments and
volunteer organizations.
(2) Report.--Not later than 2 years after the date of enactment
of this Act, the Secretaries shall submit a report to Congress that
identifies--
(A) challenges to maintaining or improving the function,
cleanliness, and availability of restroom facilities on Federal
recreational lands and waters;
(B) the current state of restroom facilities on Federal
recreational lands and waters and the effect restroom
facilities have on visitor experiences; and
(C) policy recommendations that suggest innovative new
models or partnerships to increase or improve the function,
cleanliness, and availability of restroom facilities for
persons recreating on Federal recreational lands and waters.
SEC. 155. PAY-FOR-PERFORMANCE PROJECTS.
(a) Definitions.--In this section:
(1) Independent evaluator.--The term ``independent evaluator''
means an individual or entity, including an institution of higher
education, that is selected by the pay-for-performance beneficiary
and pay-for-performance investor, as applicable, or by the pay-for-
performance project developer, in consultation with the Secretary
of Agriculture, to make the determinations and prepare the reports
required under subsection (e).
(2) National forest system land.--The term ``National Forest
System land'' means land in the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a))).
(3) Pay-for-performance agreement.--The term ``pay-for-
performance agreement'' means a mutual benefit agreement (excluding
a procurement contract, grant agreement, or cooperative agreement
described in chapter 63 of title 31, United States Code) for a pay-
for-performance project--
(A) with a term of--
(i) not less than 1 year; and
(ii) not more than 20 years; and
(B) that is executed, in accordance with applicable law,
by--
(i) the Secretary of Agriculture; and
(ii) a pay-for-performance beneficiary or pay-for-
performance project developer.
(4) Pay-for-performance beneficiary.--The term ``pay-for-
performance beneficiary'' means a State or local government, an
Indian Tribe, or a nonprofit or for-profit organization that--
(A) repays capital loaned upfront by a pay-for-performance
investor, based on a project outcome specified in a pay-for-
performance agreement; or
(B) provides capital directly for costs associated with a
pay-for-performance project.
(5) Pay-for-performance investor.--The term ``pay-for-
performance investor'' means a State or local government, an Indian
Tribe, or a nonprofit or for-profit organization that provides
upfront loaned capital for a pay-for-performance project with the
expectation of a financial return dependent on a project outcome.
(6) Pay-for-performance project.--The term ``pay-for-
performance project'' means a project that--
(A) would provide or enhance a recreational opportunity;
(B) is conducted on--
(i) National Forest System land; or
(ii) other land, if the activities would benefit
National Forest System land (including a recreational use
of National Forest System land); and
(C) would use an innovative funding or financing model that
leverages--
(i) loaned capital from a pay-for-performance investor
to cover upfront costs associated with a pay-for-
performance project, with the loaned capital repaid by a
pay-for-performance beneficiary at a rate of return
dependent on a project outcome, as measured by an
independent evaluator; or
(ii) capital directly from a pay-for-performance
beneficiary to support costs associated with a pay-for-
performance project in an amount based on an anticipated
project outcome.
(7) Pay-for-performance project developer.--The term ``pay-for-
performance project developer'' means a nonprofit or for-profit
organization that serves as an intermediary to assist in developing
or implementing a pay-for-performance agreement or a pay-for-
performance project.
(8) Project outcome.--The term ``project outcome'' means a
measurable, beneficial result (whether economic, environmental, or
social) that is attributable to a pay-for-performance project and
described in a pay-for-performance agreement.
(b) Establishment of Pilot Program.--The Secretary of Agriculture
shall establish a pilot program in accordance with this section to
carry out 1 or more pay-for-performance projects.
(c) Pay-for-Performance Projects.--
(1) In general.--Using funds made available through a pay-for-
performance agreement or appropriations, all or any portion of a
pay-for-performance project may be implemented by--
(A) the Secretary of Agriculture; or
(B) a pay-for-performance project developer or a third
party, subject to the conditions that--
(i) the Secretary of Agriculture shall approve the
implementation by the pay-for-performance project developer
or third party; and
(ii) the implementation is in accordance with
applicable law.
(2) Relation to land management plans.--A pay-for-performance
project carried out under this section shall be consistent with any
applicable land management plan developed under section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(3) Ownership.--
(A) New improvements.--The United States shall have title
to any improvements installed on National Forest System land as
part of a pay-for-performance project.
(B) Existing improvements.--Investing in, conducting, or
completing a pay-for-performance project on National Forest
System land shall not affect the title of the United States
to--
(i) any federally owned improvements involved in the
pay-for-performance project; or
(ii) the underlying land.
(4) Savings clause.--The carrying out of any action for a pay-
for-performance project does not provide any right to any party to
a pay-for-performance agreement.
(5) Potential conflicts.--Before approving a pay-for-
performance project under this section, the Secretary of
Agriculture shall consider and seek to avoid potential conflicts
(including economic competition) with any existing written
authorized use.
(d) Project Agreements.--
(1) In general.--Notwithstanding the Act of June 30, 1914 (38
Stat. 430, chapter 131; 16 U.S.C. 498), or subtitle C of title XX
of the Social Security Act (42 U.S.C. 1397n et seq.), in carrying
out the pilot program under this section, the Secretary of
Agriculture may enter into a pay-for-performance agreement under
which a pay-for-performance beneficiary, pay-for-performance
investor, or pay-for-performance project developer agrees to pay
for or finance all or part of a pay-for-performance project.
(2) Size limitation.--The Secretary of Agriculture may not
enter into a pay-for-performance agreement under the pilot program
under this section for a pay-for-performance project valued at more
than $15,000,000.
(3) Financing.--
(A) In general.--A pay-for-performance agreement shall
specify the amounts that a pay-for-performance beneficiary or a
pay-for-performance project developer agrees to pay to a pay-
for-performance investor or a pay-for-performance project
developer, as appropriate, in the event of an independent
evaluator determining pursuant to subsection (e) the degree to
which a project outcome has been achieved.
(B) Eligible payments.--An amount described in subparagraph
(A) shall be--
(i) based on--
(I) the respective contributions of the parties
under the pay-for-performance agreement; and
(II) the economic, environmental, or social
benefits derived from the project outcomes; and
(ii)(I) a percentage of the estimated value of a
project outcome;
(II) a percentage of the estimated cost savings to the
pay-for-performance beneficiary or the Secretary of
Agriculture derived from a project outcome;
(III) a percentage of the enhanced revenue to the pay-
for-performance beneficiary or the Secretary of Agriculture
derived from a project outcome; or
(IV) a percentage of the cost of the pay-for-
performance project.
(C) Forest service financial assistance.--Subject to the
availability of appropriations, the Secretary of Agriculture
may contribute funding for a pay-for-performance project only
if--
(i) the Secretary of Agriculture demonstrates that--
(I) the pay-for-performance project would provide a
cost savings to the United States;
(II) the funding would accelerate the pace of
implementation of an activity previously planned to be
completed by the Secretary of Agriculture; or
(III) the funding would accelerate the scale of
implementation of an activity previously planned to be
completed by the Secretary of Agriculture; and
(ii) the contribution of the Secretary of Agriculture
has a value that is not more than 50 percent of the total
cost of the pay-for-performance project.
(D) Special account.--Any funds received by the Secretary
of Agriculture under subsection (c)(1)--
(i) shall be retained in a separate fund in the
Treasury to be used solely for pay-for-performance
projects; and
(ii) shall remain available until expended and without
further appropriation.
(4) Maintenance and decommissioning of pay-for-performance
project improvements.--A pay-for-performance agreement shall--
(A) include a plan for maintaining any capital improvement
constructed as part of a pay-for-performance project after the
date on which the pay-for-performance project is completed; and
(B) specify the party that will be responsible for
decommissioning the improvements associated with the pay-for-
performance project--
(i) at the end of the useful life of the improvements;
(ii) if the improvements no longer serve the purpose
for which the improvements were developed; or
(iii) if the pay-for-performance project fails.
(5) Termination of pay-for-performance project agreements.--The
Secretary of Agriculture may unilaterally terminate a pay-for-
performance agreement, in whole or in part, for any program year
beginning after the program year during which the Secretary of
Agriculture provides to each party to the pay-for-performance
agreement a notice of the termination.
(e) Independent Evaluations.--
(1) Progress reports.--An independent evaluator shall submit to
the Secretary of Agriculture and each party to the applicable pay-
for-performance agreement--
(A) by not later than 2 years after the date on which the
pay-for-performance agreement is executed, and at least once
every 2 years thereafter, a written report that summarizes the
progress that has been made in achieving each project outcome;
and
(B) before the first scheduled date for a payment described
in subsection (d)(3)(A), and each subsequent date for payment,
a written report that--
(i) summarizes the results of the evaluation conducted
by the independent evaluator to determine whether a payment
should be made pursuant to the pay-for-performance
agreement; and
(ii) analyzes the reasons why a project outcome was
achieved or was not achieved.
(2) Final reports.--Not later than 180 days after the date on
which a pay-for-performance project is completed, the independent
evaluator shall submit to the Secretary of Agriculture and each
party to the pay-for-performance agreement a written report that
includes, with respect to the period covered by the report--
(A) an evaluation of the effects of the pay-for-performance
project with respect to each project outcome;
(B) a determination of whether the pay-for-performance
project has met each project outcome; and
(C) the amount of the payments made for the pay-for-
performance project pursuant to subsection (d)(3)(A).
(f) Additional Forest Service-Provided Assistance.--
(1) Technical assistance.--The Secretary of Agriculture may
provide technical assistance to facilitate pay-for-performance
project development, such as planning, permitting, site
preparation, and design work.
(2) Consultants.--Subject to the availability of
appropriations, the Secretary of Agriculture may hire a
contractor--
(A) to conduct a feasibility analysis of a proposed pay-
for-performance project;
(B) to assist in the development, implementation, or
evaluation of a proposed pay-for-performance project or a pay-
for-performance agreement; or
(C) to assist with an environmental analysis of a proposed
pay-for-performance project.
(g) Savings Clause.--The Secretary of Agriculture shall approve a
record of decision, decision notice, or decision memo for any
activities to be carried out on National Forest System land as part of
a pay-for-performance project before the Secretary of Agriculture may
enter into a pay-for-performance agreement involving the applicable
pay-for-performance project.
(h) Duration of Pilot Program.--
(1) Sunset.--The authority to enter into a pay-for-performance
agreement under this section terminates on the date that is 7 years
after the date of the enactment of this title.
(2) Savings clause.--Nothing in paragraph (1) affects any pay-
for-performance project agreement entered into by the Secretary of
Agriculture under this section before the date described in that
paragraph.
SEC. 156. OUTDOOR RECREATION LEGACY PARTNERSHIP PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity or combination of entities that represents or otherwise
serves a qualifying area.
(2) Eligible nonprofit organization.--The term ``eligible
nonprofit organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(3) Entity.--The term ``entity'' means--
(A) a State;
(B) a political subdivision of a State, including--
(i) a city;
(ii) a county; or
(iii) a special purpose district that manages open
space, including a park district; and
(C) an Indian Tribe, urban Indian organization, or Alaska
Native or Native Hawaiian community or organization.
(4) Low-income community.--The term ``low-income community''
has the same meaning given that term in 26 U.S.C. 45D(e)(1).
(5) Outdoor recreation legacy partnership program.--The term
``Outdoor Recreation Legacy Partnership Program'' means the program
codified under subsection (b)(1).
(6) Qualifying area.--The term ``qualifying area'' means--
(A) an urbanized area or urban cluster that has a
population of 25,000 or more in the most recent census;
(B) 2 or more adjacent urban clusters with a combined
population of 25,000 or more in the most recent census; or
(C) an area administered by an Indian Tribe or an Alaska
Native or Native Hawaiian community organization.
(b) Grants Authorized.--
(1) Codification of program.--
(A) In general.--There is established an existing program,
to be known as the ``Outdoor Recreation Legacy Partnership
Program'', under which the Secretary may award grants to
eligible entities for projects--
(i) to acquire land and water for parks and other
outdoor recreation purposes in qualifying areas; and
(ii) to develop new or renovate existing outdoor
recreation facilities that provide outdoor recreation
opportunities to the public in qualifying areas.
(B) Priority.--In awarding grants to eligible entities
under subparagraph (A), the Secretary shall give priority to
projects that--
(i) create or significantly enhance access to park and
recreational opportunities in a qualifying area;
(ii) engage and empower low-income communities and
youth;
(iii) provide employment or job training opportunities
for youth or low-income communities;
(iv) establish or expand public-private partnerships,
with a focus on leveraging resources; and
(v) take advantage of coordination among various levels
of government.
(2) Matching requirement.--
(A) In general.--As a condition of receiving a grant under
paragraph (1), an eligible entity shall provide matching funds
in the form of cash or an in-kind contribution in an amount
equal to not less than 100 percent of the amounts made
available under the grant.
(B) Administrative expenses.--Not more than 7 percent of
funds provided to an eligible entity under a grant awarded
under paragraph (1) may be used for administrative expenses.
(3) Considerations.--In awarding grants to eligible entities
under paragraph (1), the Secretary shall consider the extent to
which a project would--
(A) provide recreation opportunities in low-income
communities in which access to parks is not adequate to meet
local needs;
(B) provide opportunities for outdoor recreation and public
land volunteerism;
(C) support innovative or cost-effective ways to enhance
parks and other recreation--
(i) opportunities; or
(ii) delivery of services;
(D) support park and recreation programming provided by
local governments, including cooperative agreements with
community-based eligible nonprofit organizations;
(E) develop Native American event sites and cultural
gathering spaces;
(F) provide benefits such as community resilience,
reduction of urban heat islands, enhanced water or air quality,
or habitat for fish or wildlife; and
(G) facilitate any combination of purposes listed in
subparagraphs (A) through (F).
(4) Eligible uses.--
(A) In general.--Subject to subparagraph (B), an eligible
entity may use a grant awarded under paragraph (1) for a
project described in subparagraph (A) or (B) of that paragraph.
(B) Limitations on use.--An eligible entity may not use
grant funds for--
(i) incidental costs related to land acquisition,
including appraisal and titling;
(ii) operation and maintenance activities;
(iii) facilities that support semiprofessional or
professional athletics;
(iv) indoor facilities, such as recreation centers or
facilities that support primarily nonoutdoor purposes; or
(v) acquisition of land or interests in land that
restrict public access.
(C) Conversion to other than public outdoor recreation
use.--
(i) In general.--No property acquired or developed with
assistance under this section shall, without the approval
of the Secretary, be converted to other than public outdoor
recreation use.
(ii) Condition for approval.--The Secretary shall
approve a conversion only if the Secretary finds it to be
in accordance with the then-existing comprehensive
Statewide outdoor recreation plan and only on such
conditions as the Secretary considers necessary to ensure
the substitution of other recreation properties of at least
equal fair market value and of reasonably equivalent
usefulness and location.
(iii) Wetland areas and interests therein.--Wetland
areas and interests therein as identified in the wetlands
provisions of the comprehensive plan and proposed to be
acquired as suitable replacement property within the same
State that is otherwise acceptable to the Secretary, acting
through the Director of the National Park Service, shall be
deemed to be of reasonably equivalent usefulness with the
property proposed for conversion.
(c) Review and Evaluation Requirements.--In carrying out the
Outdoor Recreation Legacy Partnership Program, the Secretary shall--
(1) conduct an initial screening and technical review of
applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate
information to eligible entities (including low-income communities
and eligible entities serving low-income communities) on--
(A) the opportunity to apply for grants under this section;
(B) the application procedures by which eligible entities
may apply for grants under this section; and
(C) eligible uses for grants under this section.
(d) Reporting.--
(1) Annual reports.--Not later than 30 days after the last day
of each report period, each State-lead agency that receives a grant
under this section shall annually submit to the Secretary
performance and financial reports that--
(A) summarize project activities conducted during the
report period; and
(B) provide the status of the project.
(2) Final reports.--Not later than 90 days after the earlier of
the date of expiration of a project period or the completion of a
project, each State-lead agency that receives a grant under this
section shall submit to the Secretary a final report containing
such information as the Secretary may require.
SEC. 157. AMERICAN BATTLEFIELD PROTECTION PROGRAM ENHANCEMENT.
(a) Definitions.--Section 308101 of title 54, United States Code,
is amended to read as follows:
``Sec. 308101. Definitions
``In this chapter:
``(1) Secretary.--The term `Secretary' means the Secretary,
acting through the American Battlefield Protection Program.
``(2) Battlefield reports.--The term `Battlefield Reports'
means, collectively--
``(A) the document entitled `Report on the Nation's Civil
War Battlefields', prepared by the Civil War Sites Advisory
Commission, and dated July 1993; and
``(B) the document entitled `Report to Congress on the
Historic Preservation of Revolutionary War and War of 1812
Sites in the United States', prepared by the National Park
Service, and dated September 2007.''.
(b) Preservation Assistance.--Section 308102(a) of title 54, United
States Code, is amended by striking ``Federal'' and all that follows
through ``organizations'' and inserting ``Federal agencies, States,
Tribes, local governments, other public entities, educational
institutions, and nonprofit organizations''.
(c) Battlefield Land Acquisition Grants Improvements.--Section
308103 of title 54, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Eligible Site Defined.--In this section, the term `eligible
site'--
``(1) means a site that--
``(A) is not within the exterior boundaries of a unit of
the National Park System; and
``(B) is identified in the Battlefield Reports as a
battlefield; and
``(2) excludes sites identified in the Battlefield Reports as
associated historic sites.'';
(2) in subsection (b), by striking ``State and local
governments'' and inserting ``States, Tribes, local governments,
and nonprofit organizations'';
(3) in subsection (c), by striking ``State or local
government'' and inserting ``State, Tribe, or local government'';
and
(4) in subsection (e), by striking ``under this section'' and
inserting ``under this section, including by States, Tribes, local
governments, and nonprofit organizations,''.
(d) Battlefield Restoration Grants Improvements.--Section 308105 of
title 54, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Establishment.--The Secretary shall establish a battlefield
restoration grant program (referred to in this section as the
`program') under which the Secretary may provide grants to States,
Tribes, local governments, and nonprofit organizations for projects
that restore day-of-battle conditions on--
``(1) land preserved and protected under the battlefield
acquisition grant program established under section 308103(b); or
``(2) battlefield land that is--
``(A) owned by a State, Tribe, local government, or
nonprofit organization; and
``(B) referred to in the Battlefield Reports.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Eligible Sites.--The Secretary may make grants under this
section for Revolutionary War, War of 1812, and Civil War battlefield
sites--
``(1) eligible for assistance under the battlefield acquisition
grant program established under section 308103(b); or
``(2) on battlefield land that is--
``(A) owned by a State, Tribe, local government, or
nonprofit organization; and
``(B) referred to in battlefield reports.''.
(e) Updates and Improvements.--Chapter 3081 of title 54, United
States Code, is amended by adding at the end the following:
``Sec. 308106. Updates and improvements to Battlefield Reports
``Not later than 2 years after the date of the enactment of this
section, and every 10 years thereafter, the Secretary shall submit to
Congress a report that updates the Battlefield Reports to reflect--
``(1) preservation activities carried out at the battlefields
in the period since the publication of the most recent Battlefield
Reports update;
``(2) changes in the condition, including core and study areas,
of the battlefields during that period; and
``(3) any other relevant developments relating to the
battlefields during that period.''.
(f) Clerical Amendment.--The table of sections for chapter 3081 of
title 54, United States Code, is amended as follows:
(1) By amending the item relating to section 308101 to read as
follows: ``308101. Definitions.''.
(2) By adding at the end the following: ``308106. Updates and
improvements to Battlefield Reports.''.
TITLE II--ACCESS AMERICA
SEC. 201. DEFINITIONS.
In this title:
(1) Accessible trail.--The term ``accessible trail'' means a
trail that meets the requirements for a trail under the
Architectural Barriers Act accessibility guidelines.
(2) Architectural barriers act accessibility guidelines.--The
term ``Architectural Barriers Act accessibility guidelines'' means
the accessibility guidelines set forth in appendices C and D to
part 1191 of title 36, Code of Federal Regulations (or successor
regulations).
(3) Assistive technology.--The term ``assistive technology''
means any item, piece of equipment, or product system, whether
acquired commercially, modified, or customized, that is used to
increase, maintain, or improve functional capabilities of
individuals with disabilities, particularly with participating in
outdoor recreation activities.
(4) Gold star family member.--The term ``Gold Star Family
member'' means an individual described in section 3.3 of Department
of Defense Instruction 1348.36.
(5) Outdoor constructed feature.--The term ``outdoor
constructed feature'' has the meaning given such term in appendix C
to part 1191 of title 36, Code of Federal Regulations (or successor
regulations).
(6) Veterans organization.--The term ``veterans organization''
means a service provider with outdoor recreation experience that
serves members of the Armed Forces, veterans, or Gold Star Family
members.
Subtitle A--Access for People With Disabilities
SEC. 211. ACCESSIBLE RECREATION INVENTORY.
(a) Assessment.--Not later than 5 years after the date of the
enactment of this title, the Secretary concerned shall--
(1) carry out a comprehensive assessment of outdoor recreation
facilities on Federal recreational lands and waters under the
jurisdiction of the respective Secretary concerned to determine the
accessibility of such outdoor recreation facilities, consistent
with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) and section 504 of the Rehabilitation Act (29 U.S.C. 794),
including--
(A) camp shelters, camping facilities, and camping units;
(B) boat launch ramps;
(C) hunting, fishing, shooting, or archery ranges or
locations;
(D) outdoor constructed features;
(E) picnic facilities and picnic units; and
(F) any other outdoor recreation facilities, as determined
by the Secretary concerned; and
(2) make information about such opportunities available
(including through the use of prominently displayed links) on
public websites of--
(A) each of the Federal land management agencies; and
(B) each relevant unit and subunit of the Federal land
management agencies.
(b) Inclusion of Current Assessments.--As part of the comprehensive
assessment required under subsection (a)(1), to the extent practicable,
the Secretary concerned may rely on assessments completed or data
gathered prior to the date of the enactment of this title.
(c) Public Information.--Not later than 7 years after the date of
the enactment of this title, the Secretary concerned shall identify
opportunities to create, update, or replace signage and other publicly
available information, including web page information, related to
accessibility and consistent with the Architectural Barriers Act of
1968 (42 U.S.C. 4151 et seq.) and section 504 of the Rehabilitation Act
(29 U.S.C. 794) at outdoor recreation facilities covered by the
assessment required under subsection (a)(1).
SEC. 212. TRAIL INVENTORY.
(a) Assessment.--Not later than 7 years after the date of the
enactment of this title, the Secretary concerned shall--
(1) conduct a comprehensive assessment of high-priority trails,
in accordance with subsection (b), on Federal recreational lands
and waters under the jurisdiction of the respective Secretary
concerned, including measuring each trail's--
(A) average and minimum tread width;
(B) average and maximum running slope;
(C) average and maximum cross slope;
(D) tread type; and
(E) length; and
(2) make information about such high-priority trails available
(including through the use of prominently displayed links) on
public websites of--
(A) each of the Federal land management agencies; and
(B) each relevant unit and subunit of the Federal land
management agencies.
(b) Selection.--The Secretary concerned shall select high-priority
trails to be assessed under subsection (a)(1)--
(1) in consultation with stakeholders, including veterans
organizations and organizations with expertise or experience
providing outdoor recreation opportunities to individuals with
disabilities;
(2) in a geographically equitable manner; and
(3) in no fewer than 15 units or subunits managed by the
Secretary concerned.
(c) Inclusion of Current Assessments.--As part of the assessment
required under subsection (a)(1), the Secretary concerned may, to the
extent practicable, rely on assessments completed or data gathered
prior to the date of the enactment of this title.
(d) Public Information.--
(1) In general.--Not later than 7 years after the date of the
enactment of this title, the Secretary concerned shall identify
opportunities to replace signage and other publicly available
information, including web page information, related to such high-
priority trails and consistent with the Architectural Barriers Act
of 1968 (42 U.S.C. 4151 et seq.) and section 504 of the
Rehabilitation Act (29 U.S.C. 794) at high-priority trails covered
by the assessment required under subsection (a)(1).
(2) Tread obstacles.--As part of the assessment required under
subsection (a)(1), the Secretary may, to the extent practicable,
include photographs or descriptions of tread obstacles and
barriers.
(e) Assistive Technology Specification.--In publishing information
about each trail under this subsection, the Secretary concerned shall
make public information about trails that do not meet the Architectural
Barriers Act accessibility guidelines but could otherwise provide
outdoor recreation opportunities to individuals with disabilities
through the use of certain assistive technology.
SEC. 213. TRAIL PILOT PROGRAM.
(a) In General.--Not later than 2 years after the date of the
enactment of this title, the Secretary concerned shall carry out a
pilot program to enter into partnerships with eligible entities to--
(1) measure high-priority trails as part of the assessment
required under section 212;
(2) develop accessible trails under section 214; and
(3) make minor modifications to existing trails to enhance
recreational experiences for individuals with disabilities using
assistive technology--
(A) in compliance with all applicable land use and
management plans of the Federal recreational lands and waters
on which the accessible trail is located; and
(B) in consultation with stakeholders, including veterans
organizations and organizations with expertise or experience
providing outdoor recreation opportunities to individuals with
disabilities.
(b) Locations.--
(1) In general.--The Secretary concerned shall select no fewer
than 5 units or subunits under the jurisdiction of the respective
Secretary concerned to carry out the pilot program established
under subsection (a).
(2) Special rule of construction for the department of the
interior.--In selecting the locations of the pilot program, the
Secretary shall ensure that the pilot program is carried out in at
least one unit managed by the--
(A) National Park Service;
(B) Bureau of Land Management; and
(C) United States Fish and Wildlife Service.
(c) Sunset.--The pilot program established under this subsection
shall terminate on the date that is 7 years after the date of the
enactment of this title.
SEC. 214. ACCESSIBLE TRAILS.
(a) In General.--Not later than 1 year after the date of the
enactment of this title, the Secretary concerned shall select a
location or locations to develop at least 3 new accessible trails--
(1) on National Forest System lands in each region of the
Forest Service;
(2) on land managed by the National Park Service in each region
of the National Park Service;
(3) on land managed by the Bureau of Land Management in each
region of the Bureau of Land Management; and
(4) on land managed by the United States Fish and Wildlife
Service in each region of the United States Fish and Wildlife
Service.
(b) Development.--In developing an accessible trail under
subsection (a), the Secretary concerned--
(1) may--
(A) create a new accessible trail;
(B) modify an existing trail into an accessible trail; or
(C) create an accessible trail from a combination of new
and existing trails; and
(2) shall--
(A) consult with stakeholders with respect to the
feasibility and resources necessary for completing the
accessible trail;
(B) ensure the accessible trail complies with the
Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and
section 504 of the Rehabilitation Act (29 U.S.C. 794); and
(C) to the extent practicable, ensure that outdoor
constructed features supporting the accessible trail, including
trail bridges, parking spaces, and restroom facilities, meet
the requirements of the Architectural Barriers Act of 1968 (42
U.S.C. 4151 et seq.) and section 504 of the Rehabilitation Act
(29 U.S.C. 794).
(c) Completion.--Not later than 7 years after the date of the
enactment of this title, the Secretary concerned, in coordination with
stakeholders described under subsection (b)(2), shall complete each
accessible trail developed under subsection (a).
(d) Maps, Signage, and Promotional Materials.--For each accessible
trail developed under subsection (a), the Secretary concerned shall--
(1) publish and distribute maps and install signage, consistent
with Architectural Barriers Act of 1968 accessibility guidelines
and section 508 of the Rehabilitation Act (29 U.S.C. 794d); and
(2) coordinate with stakeholders to leverage any non-Federal
resources necessary for the development, stewardship, completion,
or promotion of the accessible trail.
(e) Conflict Avoidance With Other Uses.--In developing each
accessible trail under subsection (a), the Secretary concerned shall
ensure that the accessible trail--
(1) minimizes conflict with--
(A) the uses in effect before the date of the enactment of
this title with respect to any trail that is part of that
accessible trail;
(B) multiple-use areas where biking, hiking, horseback
riding, off-highway vehicle recreation, or use by pack and
saddle stock are existing uses on the date of the enactment of
this title; or
(C) the purposes for which any trail is established under
the National Trails System Act (16 U.S.C. 1241 et seq.); and
(2) complies with all applicable land use and management plans
of the Federal recreational lands and waters on which the
accessible trail is located.
(f) Reports.--
(1) Interim report.--Not later than 3 years after the date of
the enactment of this title, the Secretary concerned, in
coordination with stakeholders and other interested organizations,
shall prepare and publish an interim report that lists the
accessible trails developed under this section during the previous
3 years.
(2) Final report.--Not later than 7 years after the date of the
enactment of this title, the Secretary concerned, in coordination
with stakeholders and other interested organizations, shall prepare
and publish a final report that lists the accessible trails
developed under this section.
SEC. 215. ACCESSIBLE RECREATION OPPORTUNITIES.
(a) In General.--Not later than 1 year after the date of the
enactment of this title, the Secretary concerned shall select a
location to develop at least 2 new accessible recreation
opportunities--
(1) on National Forest System lands in each region of the
Forest Service;
(2) on land managed by the National Park Service in each region
of the National Park Service;
(3) on land managed by the Bureau of Land Management in each
region of the Bureau of Land Management; and
(4) on land managed by the United States Fish and Wildlife
Service in each region of the United States Fish and Wildlife
Service.
(b) Development.--In developing an accessible recreation
opportunity under subsection (a), the Secretary concerned--
(1) may--
(A) create a new accessible recreation opportunity; or
(B) modify an existing recreation opportunity into an
accessible recreation opportunity; and
(2) shall--
(A) consult with stakeholders with respect to the
feasibility and resources necessary for completing the
accessible recreation opportunity;
(B) ensure the accessible recreation opportunity complies
with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) and section 504 of the Rehabilitation Act (29 U.S.C.
794); and
(C) to the extent practicable, ensure that outdoor
constructed features supporting the accessible recreation
opportunity, including trail bridges, parking spaces and
restroom facilities, meet the requirements of the Architectural
Barriers Act of 1968 and section 504 of the Rehabilitation Act
(29 U.S.C. 794).
(c) Accessible Recreation Opportunities.--The accessible recreation
opportunities developed under subsection (a) may include improving
accessibility or access to--
(1) camp shelters, camping facilities, and camping units;
(2) hunting, fishing, shooting, or archery ranges or locations;
(3) snow activities, including skiing and snowboarding;
(4) water activities, including kayaking, paddling, canoeing,
and boat launch ramps;
(5) rock climbing;
(6) biking;
(7) off-highway vehicle recreation;
(8) picnic facilities and picnic units;
(9) outdoor constructed features; and
(10) any other new or existing recreation opportunities
identified in consultation with stakeholders under subsection
(b)(2) and consistent with the applicable land management plan.
(d) Completion.--Not later than 7 years after the date of the
enactment of this title, the Secretary concerned, in coordination with
stakeholders consulted with under subsection (b)(2), shall complete
each accessible recreation opportunity developed under subsection (a).
(e) Maps, Signage, and Promotional Materials.--For each accessible
recreation opportunity developed under subsection (a), the Secretary
concerned shall--
(1) publish and distribute maps and install signage, consistent
with Architectural Barriers Act accessibility guidelines and
section 508 of the Rehabilitation Act (29 U.S.C. 794d); and
(2) coordinate with stakeholders to leverage any non-Federal
resources necessary for the development, stewardship, completion,
or promotion of the accessible trail.
(f) Conflict Avoidance With Other Uses.--In developing each
accessible recreation opportunity under subsection (a), the Secretary
concerned shall ensure that the accessible recreation opportunity--
(1) minimizes conflict with--
(A) the uses in effect before the date of the enactment of
this title with respect to any Federal recreational lands and
waters on which the accessible recreation opportunity is
located; or
(B) multiple-use areas in existence on the date of the
enactment of this title; and
(2) complies with all applicable land use and management plans
of the Federal recreational lands and waters on which the
accessible recreational opportunity is located.
(g) Reports.--
(1) Interim report.--Not later than 3 years after the date of
the enactment of this title, the Secretary concerned, in
coordination with stakeholders and other interested organizations,
shall prepare and publish an interim report that lists the
accessible recreation opportunities developed under this section
during the previous 3 years.
(2) Final report.--Not later than 7 years after the date of the
enactment of this title, the Secretary concerned, in coordination
with stakeholders and other interested organizations, shall prepare
and publish a final report that lists the accessible recreation
opportunities developed under this section.
SEC. 216. ASSISTIVE TECHNOLOGY.
In carrying out this subtitle, the Secretary concerned may enter
into partnerships, contracts, or agreements with other Federal, State,
Tribal, local, or private entities, including existing outfitting and
guiding services, to make assistive technology available on Federal
recreational lands and waters.
SEC. 217. SAVINGS CLAUSE.
Nothing in the subtitle shall be construed to create any
conflicting standards with the Architectural Barriers Act of 1968 (42
U.S.C. 4151 et seq.) and section 504 of the Rehabilitation Act (29
U.S.C. 794).
Subtitle B--Military and Veterans in Parks
SEC. 221. PROMOTION OF OUTDOOR RECREATION FOR MILITARY
SERVICEMEMBERS AND VETERANS.
Not later than 2 years after the date of the enactment of this
title, the Secretary concerned, in coordination with the Secretary of
Veterans Affairs and the Secretary of Defense, shall develop
educational and public awareness materials to disseminate to members of
the Armed Forces and veterans, including through preseparation
counseling of the Transition Assistance Program under chapter 1142 of
title 10, United States Code, on--
(1) opportunities for members of the Armed Forces and veterans
to access Federal recreational lands and waters free of charge
under section 805 of the Federal Lands Recreation Enhancement Act
(16 U.S.C. 6804);
(2) the availability and location of accessible trails,
including new accessible trails developed and completed under
section 214;
(3) the availability and location of accessible recreation
opportunities, including new accessible recreation opportunities
developed and completed under section 215;
(4) access to, and assistance with, assistive technology;
(5) outdoor-related volunteer and wellness programs;
(6) the benefits of outdoor recreation for physical and mental
health;
(7) resources to access guided outdoor trips and other outdoor
programs connected to the Department of Defense, the Department of
Veterans Affairs, the Department of the Interior, or the Department
of Agriculture; and
(8) programs and jobs focused on continuing national service
such as Public Land Corps, AmeriCorps, and conservation corps
programs.
SEC. 222. MILITARY VETERANS OUTDOOR RECREATION LIAISONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this title, the Secretaries and the Secretary of Veterans
Affairs shall each establish within their Departments the position of
Military Veterans Outdoor Recreation Liaison.
(b) Duties.--The Military Veterans Outdoor Recreation Liaison
shall--
(1) coordinate the implementation of this subtitle;
(2) implement recommendations identified by the Task Force on
Outdoor Recreation for Veterans established under section 203 of
the Veterans Comprehensive Prevention, Access to Care, and
Treatment Act of 2020 (Public Law 116-214), including
recommendations related to--
(A) identifying new opportunities to formalize coordination
between the Department of Veterans Affairs, Department of
Agriculture, Department of the Interior, and partner
organizations regarding the use of Federal recreational lands
and waters for facilitating health and wellness for veterans;
(B) addressing identified barriers that exist to providing
veterans with opportunities to augment the delivery of services
for health and wellness through the use of outdoor recreation
on Federal recreational lands and waters; and
(C) facilitating the use of Federal recreational lands and
waters for promoting wellness and facilitating the delivery of
health care and therapeutic interventions for veterans;
(3) coordinate with Military Veterans Outdoor Recreation
Liaisons at other Federal agencies and veterans organizations; and
(4) promote outdoor recreation experiences for veterans on
Federal recreational lands and waters through new and innovative
approaches.
SEC. 223. PARTNERSHIPS TO PROMOTE MILITARY AND VETERAN RECREATION.
(a) In General.--The Secretary concerned shall seek to enter into
partnerships or agreements with State, Tribal, local, or private
entities with expertise in outdoor recreation, volunteer,
accessibility, and health and wellness programs for members of the
Armed Forces or veterans.
(b) Partnerships.--As part of a partnership or agreement entered
into under subsection (a), the Secretary concerned may host events on
Federal recreational lands and waters designed to promote outdoor
recreation among members of the Armed Forces and veterans.
(c) Financial and Technical Assistance.--Under a partnership or
agreement entered into pursuant to subsection (a), the Secretary
concerned may provide financial or technical assistance to the entity
with which the respective Secretary concerned has entered into the
partnership or agreement to assist with--
(1) the planning, development, and execution of events,
activities, or programs designed to promote outdoor recreation for
members of the Armed Forces or veterans; or
(2) the acquisition of assistive technology to facilitate
improved outdoor recreation opportunities for members of the Armed
Forces or veterans.
SEC. 224. NATIONAL STRATEGY FOR MILITARY AND VETERAN RECREATION.
(a) Strategy.--Not later than 1 year after the date of the
enactment of this title, the Federal Interagency Council on Outdoor
Recreation established under section 113 shall develop and make public
a strategy to increase visits to Federal recreational lands and waters
by members of the Armed Forces, veterans, and Gold Star Family members.
(b) Requirements.--A strategy developed under subsection (a)--
(1) shall--
(A) establish objectives and quantifiable targets for
increasing visits to Federal recreational lands and waters by
members of the Armed Forces, veterans, and Gold Star Family
members;
(B) include an opportunity for public notice and comment;
(C) emphasize increased recreation opportunities on Federal
recreational lands and waters for members of the Armed Forces,
veterans, and Gold Star Family members; and
(D) provide the anticipated costs to achieve the objectives
and meet the targets established under subparagraph (A); and
(2) shall not establish any preference between similar
recreation facilitated by noncommercial or commercial entities.
(c) Update to Strategy.--Not later than 5 years after the date of
the publication of the strategy required under subsection (a), and
every 5 years thereafter, the Federal Interagency Council on Outdoor
Recreation shall update the strategy and make public the update.
SEC. 225. RECREATION RESOURCE ADVISORY COMMITTEES.
Section 804(d) of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6803(d)), is amended--
(1) in paragraph (5)(A), by striking ``11'' and inserting
``12''; and
(2) in paragraph (5)(D)(ii)--
(A) by striking ``Three'' and inserting ``Four''; and
(B) after subclause (III), by inserting the following:
``(IV) Veterans organizations, as such term is
defined in section 201 of the EXPLORE Act.''; and
(3) in paragraph (8) by striking ``Eight'' and inserting
``Six''.
SEC. 226. CAREER AND VOLUNTEER OPPORTUNITIES FOR VETERANS.
(a) Veteran Hiring.--The Secretaries are strongly encouraged to
hire veterans in all positions related to the management of Federal
recreational lands and waters.
(b) Pilot Program.--
(1) Establishment.--The Secretary, in consultation with the
Assistant Secretary of Labor for Veterans' Employment and Training
and the Secretary of Veterans Affairs, shall establish a pilot
program under which veterans are employed by the Federal Government
in positions that relate to the conservation and resource
management activities of the Department of the Interior.
(2) Positions.--The Secretary shall--
(A) identify vacant positions in the Department of the
Interior that are appropriate to fill using the pilot program;
and
(B) to the extent practicable, fill such positions using
the pilot program.
(3) Application of civil service laws.--A veteran employed
under the pilot program shall be treated as an employee as defined
by section 2105 of title 5, United States Code.
(4) Briefings and report.--
(A) Initial briefing.--Not later than 60 days after the
date of the enactment of this title, the Secretary and the
Assistant Secretary of Labor for Veterans' Employment and
Training shall jointly provide to the appropriate congressional
committees a briefing on the pilot program under this
subsection, which shall include--
(i) a description of how the pilot program will be
carried out in a manner to reduce the unemployment of
veterans; and
(ii) any recommendations for legislative actions to
improve the pilot program.
(B) Implementation briefing.--Not later than 1 year after
the date on which the pilot program under subsection (a)
commences, the Secretary and the Assistant Secretary of Labor
for Veterans' Employment and Training shall jointly provide to
the appropriate congressional committees a briefing on the
implementation of the pilot program.
(C) Final report.--Not later than 30 days after the date on
which the pilot program under subsection (a) terminates under
paragraph (5), the Secretary and the Assistant Secretary of
Labor for Veterans' Employment and Training shall jointly
submit to the appropriate congressional committees a report on
the pilot program that includes the following:
(i) The number of veterans who applied to participate
in the pilot program.
(ii) The number of such veterans employed under the
pilot program.
(iii) The number of veterans identified in clause (ii)
who transitioned to full-time positions with the Federal
Government after participating in the pilot program.
(iv) Any other information the Secretary and the
Assistant Secretary of Labor for Veterans' Employment and
Training determine appropriate with respect to measuring
the effectiveness of the pilot program.
(5) Duration.--The authority to carry out the pilot program
under this subsection shall terminate on the date that is 2 years
after the date on which the pilot program commences.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Veterans' Affairs and the Committee on
Natural Resources of the House of Representatives; and
(2) the Committee on Veterans' Affairs and the Committee on
Energy and Natural Resources of the Senate.
(d) Outdoor Recreation Program Attendance.--Each Secretary of a
military department is encouraged to allow members of the Armed Forces
on active duty status to participate in programs related to
environmental stewardship or guided outdoor recreation.
Subtitle C--Youth Access
SEC. 231. INCREASING YOUTH RECREATION VISITS TO FEDERAL LAND.
(a) Strategy.--Not later than 2 years after the date of the
enactment of this title, the Secretaries, acting jointly, shall develop
and make public a strategy to increase the number of youth recreation
visits to Federal recreational lands and waters.
(b) Requirements.--A strategy developed under subsection (a)--
(1) shall--
(A) emphasize increased recreation opportunities on Federal
recreational lands and waters for underserved youth;
(B) establish objectives and quantifiable targets for
increasing youth recreation visits; and
(C) provide the anticipated costs to achieve the objectives
and meet the targets established under subparagraph (B); and
(2) shall not establish any preference between similar
recreation facilitated by noncommercial or commercial entities.
(c) Update to Strategy.--Not later than 5 years after the date of
the publication of the strategy required under subsection (a), and
every 5 years thereafter, the Secretaries shall update the strategy and
make public the update.
(d) Agreements.--The Secretaries may enter into contracts or cost-
share agreements (including contracts or agreements for the acquisition
of vehicles) to carry out this section.
SEC. 232. EVERY KID OUTDOORS ACT EXTENSION.
Section 9001(b) of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (Public Law 116-9) is amended--
(1) in paragraph (2)(B), by striking ``during the period
beginning on September 1 and ending on August 31 of the following
year'' and inserting ``for a 12-month period that begins on a date
determined by the Secretaries''; and
(2) in paragraph (5), by striking ``the date that is 7 years
after the date of enactment of this Act'' and inserting ``September
30, 2031''.
TITLE III--SIMPLIFYING OUTDOOR ACCESS FOR RECREATION
SEC. 301. DEFINITIONS.
In this title:
(1) Commercial use authorization.--The term ``commercial use
authorization'' means a commercial use authorization to provide
services to visitors to units of the National Park System under
subchapter II of chapter 1019 of title 54, United States Code.
(2) Multijurisdictional trip.--The term ``multijurisdictional
trip'' means a trip that--
(A) uses 2 or more units of Federal recreational lands and
waters; and
(B) is under the jurisdiction of 2 or more Federal land
management agencies.
(3) Recreation service provider.--The term ``recreation service
provider'' has the meaning given the term in section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by section 311).
(4) Special recreation permit.--The term ``special recreation
permit'' has the meaning given the term in section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by section 311).
(5) Visitor-use day.--The term ``visitor-use day'' means a
visitor-use day, user day, launch, or other metric used by the
Secretary concerned for purposes of authorizing use under a special
recreation permit.
Subtitle A--Modernizing Recreation Permitting
SEC. 311. SPECIAL RECREATION PERMIT AND FEE.
(a) Definitions.--Section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) is amended--
(1) in the matter preceding paragraph (1), by striking ``this
Act'' and inserting ``this title'';
(2) in paragraph (1), by striking ``section 3(f)'' and
inserting ``section 803(f)'';
(3) in paragraph (2), by striking ``section 3(g)'' and
inserting ``section 803(g)'';
(4) in paragraph (6), by striking ``section 5'' and inserting
``section 805'';
(5) in paragraph (9), by striking ``section 5'' and inserting
``section 805'';
(6) in paragraph (12), by striking ``section 7'' and inserting
``section 807'';
(7) in paragraph (13), by striking ``section 3(h)'' and
inserting ``section 803(h)(2)'';
(8) by redesignating paragraphs (1), (3), (4), (5), (6), (7),
(8), (9), (10), (11), and (13) as paragraphs (15), (1), (3), (4),
(5), (6), (7), (8), (11), (10), and (14), respectively, and
arranging the paragraphs (as so redesignated) to appear in
numerical order;
(9) by inserting after paragraph (8) (as so redesignated) the
following:
``(9) Recreation service provider.--The term `recreation
service provider' means a person that provides recreational
services to the public under a special recreation permit under
clause (iii) or (iv) of paragraph (13)(A).'';
(10) by inserting after paragraph (12) the following:
``(13) Special recreation permit.--
``(A) In general.--The term `special recreation permit'
means a permit issued by a Federal land management agency for
the use of Federal recreational lands and waters--
``(i) for a specialized recreational use not described
in clause (ii), (iii), or (iv), such as--
``(I) an organizational camp;
``(II) a single event that does not require an
entry or participation fee that is not strictly a
sharing of expenses for the purposes of the event; and
``(III) participation by the public in a recreation
activity or recreation use of a specific area of
Federal recreational lands and waters in which use by
the public is allocated;
``(ii) for a large-group activity or event of 75
participants or more;
``(iii) for--
``(I) at the discretion of the Secretary, a single
organized group recreation activity or event (including
an activity or event in which motorized recreational
vehicles are used or in which outfitting and guiding
services are used) that--
``(aa) is a structured or scheduled event or
activity;
``(bb) is not competitive and is for fewer than
75 participants;
``(cc) may charge an entry or participation
fee;
``(dd) involves fewer than 200 visitor-use
days; and
``(ee) is undertaken or provided by the
recreation service provider at the same site not
more frequently than 3 times a year;
``(II) a single competitive event; or
``(III) at the discretion of the Secretary, a
recurring organized group recreation activity
(including an outfitting and guiding activity) that--
``(aa) is a structured or scheduled activity;
``(bb) is not competitive;
``(cc) may charge a participation fee;
``(dd) occurs in a group size of fewer than 7
participants;
``(ee) involves fewer than 40 visitor-use days;
and
``(ff) is undertaken or provided by the
recreation service provider for a term of not more
than 180 days; or
``(iv) for--
``(I) a recurring outfitting, guiding, or, at the
discretion of the Secretary, other recreation service,
the authorization for which is for a term of not more
than 10 years; or
``(II) a recurring outfitting, guiding, or, at the
discretion of the Secretary, other recreation service,
that occurs under a temporary special recreation permit
authorized under section 316 of the EXPLORE Act.
``(B) Exclusions.--The term `special recreation permit'
does not include--
``(i) a concession contract for the provision of
accommodations, facilities, or services;
``(ii) a commercial use authorization issued under
section 101925 of title 54, United States Code; or
``(iii) any other type of permit, including a special
use permit administered by the National Park Service.'';
and
(11) by inserting at the end the following:
``(16) State.--The term `State' means each of the several
States, the District of Columbia, and each territory of the United
States.''.
(b) Special Recreation Permits and Fees.--Section 803 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (b)(5), by striking ``section 4(d)'' and
inserting ``section 804(d)''; and
(3) by striking subsection (h) and inserting the following:
``(h) Special Recreation Permits and Fees.--
``(1) Special recreation permits.--
``(A) Applications.--The Secretary--
``(i) may develop and make available to the public an
application to obtain a special recreation permit described
in clause (i) of section 802(13)(A); and
``(ii) shall develop and make available to the public
an application to obtain a special recreation permit
described in each of clauses (ii) through (iv) of section
802(13)(A).
``(B) Issuance of permits.--On review of a completed
application developed under subparagraph (A), as applicable,
and a determination by the Secretary that the applicant is
eligible for the special recreation permit, the Secretary may
issue to the applicant a special recreation permit, subject to
any terms and conditions that are determined to be necessary by
the Secretary.
``(C) Incidental sales.--A special recreation permit issued
under this paragraph may include an authorization for sales
that are incidental in nature to the permitted use of the
Federal recreational lands and waters, except where otherwise
prohibited by law.
``(2) Special recreation permit fees.--
``(A) In general.--The Secretary may charge a special
recreation permit fee for the issuance of a special recreation
permit in accordance with this paragraph.
``(B) Predetermined special recreation permit fees.--
``(i) In general.--For purposes of subparagraphs (D)
and (E) of this paragraph, the Secretary shall establish
and may charge a predetermined fee, described in clause
(ii) of this subparagraph, for a special recreation permit
described in clause (iii) or (iv) of section 802(13)(A) for
a specific type of use on a unit of Federal recreational
lands and waters, consistent with the criteria set forth in
clause (iii) of this subparagraph.
``(ii) Type of fee.--A predetermined fee described in
clause (i) shall be--
``(I) a fixed fee that is assessed per special
recreation permit, including a fee with an associated
size limitation or other criteria as determined to be
appropriate by the Secretary; or
``(II) an amount assessed per visitor-use day.
``(iii) Criteria.--A predetermined fee under clause (i)
shall--
``(I) have been established before the date of the
enactment of the EXPLORE Act;
``(II) be established after the date of the
enactment of the EXPLORE Act, in accordance with
subsection (b);
``(III)(aa) be established after the date of the
enactment of the EXPLORE Act; and
``(bb) be comparable to an amount described in
subparagraph (D)(ii) or (E)(ii), as applicable; or
``(IV) beginning on the date that is 2 years after
the date of the enactment of the EXPLORE Act, be $6 per
visitor-use day in instances in which the Secretary has
not established a predetermined fee under subclause
(I), (II), or (III).
``(C) Calculation of fees for specialized recreational uses
and large-group activities or events.--The Secretary may, at
the discretion of the Secretary, establish and charge a fee for
a special recreation permit described in clause (i) or (ii) of
section 802(13)(A).
``(D) Calculation of fees for single organized group
recreation activities or events, competitive events, and
certain recurring organized group recreation activities.--If
the Secretary elects to charge a fee for a special recreation
permit described in section 802(13)(A)(iii), the Secretary
shall charge the recreation service provider, based on the
election of the recreation service provider--
``(i) the applicable predetermined fee established
under subparagraph (B); or
``(ii) an amount equal to a percentage of, to be
determined by the Secretary, but to not to exceed 5 percent
of, adjusted gross receipts calculated under subparagraph
(F).
``(E) Calculation of fees for temporary permits and long-
term permits.--Subject to subparagraph (G), if the Secretary
elects to charge a fee for a special recreation permit
described in section 802(13)(A)(iv), the Secretary shall charge
the recreation service provider, based on the election of the
recreation service provider--
``(i) the applicable predetermined fee established
under subparagraph (B); or
``(ii) an amount equal to a percentage of, to be
determined by the Secretary, but not to exceed 3 percent
of, adjusted gross receipts calculated under subparagraph
(F).
``(F) Adjusted gross receipts.--For the purposes of
subparagraphs (D)(ii) and (E)(ii), the Secretary shall
calculate the adjusted gross receipts collected for each trip
or event authorized under a special recreation permit, using
either of the following calculations, based on the election of
the recreation service provider:
``(i) The sum of--
``(I) the product obtained by multiplying--
``(aa) the general amount paid by participants
of the trip or event to the recreation service
provider for the applicable trip or event
(excluding amounts related to goods, souvenirs,
merchandise, gear, and additional food provided or
sold by the recreation service provider); and
``(bb) the quotient obtained by dividing--
``(AA) the number of days of the trip or
event that occurred on Federal recreational
lands and waters covered by the special
recreation permit, rounded to the nearest whole
day; by
``(BB) the total number of days of the trip
or event; and
``(II) the amount of any additional revenue
received by the recreation service provider for an add-
on activity or an optional excursion that occurred on
the Federal recreational lands and waters covered by
the special recreation permit.
``(ii) The difference between--
``(I) the total cost paid by the participants of
the trip or event for the trip or event to the
recreation service provider, including any additional
revenue received by the recreation service provider for
an add-on activity or an optional excursion that
occurred on the Federal recreational lands and waters
covered by the special recreation permit; and
``(II) the sum of--
``(aa) the amount of any revenues from goods,
souvenirs, merchandise, gear, and additional food
provided or sold by the recreation service provider
to the participants of the applicable trip or
event;
``(bb) the amount of any costs or revenues from
services and activities provided or sold by the
recreation service provider to the participants of
the trip or event that occurred in a location other
than the Federal recreational lands and waters
covered by the special recreation permit (including
costs for travel and lodging outside the Federal
recreational lands and waters covered by the
special recreation permit); and
``(cc) the amount of any revenues from any
service provided by a recreation service provider
for an activity on Federal recreational lands and
waters that is not covered by the special
recreation permit.
``(G) Exception.--Notwithstanding subparagraph (E), the
Secretary may charge a recreation service provider a minimum
annual fee for a special recreation permit described in section
802(13)(A)(iv).
``(H) Savings clauses.--
``(i) Effect.--Nothing in this paragraph affects any
fee for--
``(I) a concession contract administered by the
National Park Service or the United States Fish and
Wildlife Service for the provision of accommodations,
facilities, or services; or
``(II) a commercial use authorization or special
use permit for use of Federal recreational lands and
waters managed by the National Park Service.
``(ii) Cost recovery.--Nothing in this paragraph
affects the ability of the Secretary to recover any
administrative costs under section 320 of the EXPLORE Act.
``(iii) Special recreation permit fees and other
recreation fees.--The collection of a special recreation
permit fee under this paragraph shall not affect the
authority of the Secretary to collect an entrance fee, a
standard amenity recreation fee, or an expanded amenity
recreation fee authorized under subsections (e), (f), and
(g).
``(i) Disclosure of Recreation Fees and Use of Recreation Fees.--
``(1) Notice of entrance fees, standard amenity recreation
fees, expanded amenity recreation fees, and available recreation
passes.--
``(A) In general.--The Secretary shall post clear notice of
any entrance fee, standard amenity recreation fee, expanded
amenity recreation fee, and available recreation passes--
``(i) at appropriate locations in each unit or area of
Federal recreational land and waters at which an entrance
fee, standard amenity recreation fee, or expanded amenity
recreation fee is charged; and
``(ii) on the appropriate website for such unit or
area.
``(B) Publications.--The Secretary shall include in
publications distributed at a unit or area or described in
subparagraph (A) the notice described in that subparagraph.
``(2) Notice of uses of recreation fees.--Beginning on January
1, 2026, the Secretary shall annually post, at the location at
which a recreation fee described in paragraph (1)(A) is collected,
clear notice of--
``(A) the total recreation fees collected during each of
the 2 preceding fiscal years at the respective unit or area of
the Federal land management agency; and
``(B) each use during the preceding fiscal year of the
applicable recreation fee or recreation pass revenues collected
under this section.
``(3) Notice of recreation fee projects.--To the extent
practicable, the Secretary shall post clear notice at the location
at which work is performed using recreation fee and recreation pass
revenues collected under this section.
``(4) Centralized reporting on agency websites.--
``(A) In general.--Not later than January 1, 2025, and not
later than 60 days after the beginning of each fiscal year
thereafter, the Secretary shall post on the website of the
applicable Federal land management agency a searchable list of
each use during the preceding fiscal year of the recreation fee
or recreation pass revenues collected under this section.
``(B) List components.--The list required under
subparagraph (A) shall include, with respect to each use
described in that subparagraph--
``(i) a title and description of the overall project;
``(ii) a title and description for each component of
the project;
``(iii) the location of the project; and
``(iv) the amount obligated for the project.
``(5) Notice to customers.--A recreation service provider may
inform a customer of the recreation service provider of any fee
charged by the Secretary under this section.''.
(c) Conforming Amendment.--Section 804 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6803) is amended by striking
subsection (e).
(d) Use of Special Recreation Permit Revenue.--Section 808 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended--
(1) by striking ``this Act'' each place it appears and
inserting ``this title'';
(2) in subsection (a)(3)--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking ``6(a) or a visitor
reservation service.'' and inserting ``806(a) or a visitor
reservation service;''; and
(C) by adding at the end the following:
``(G) the processing of special recreation permit
applications and administration of special recreation permits;
and
``(H) the improvement of the operation of the special
recreation permit program under section 803(h).''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``section 5(a)(7)'' and
inserting ``section 805(a)(7)''; and
(B) in paragraph (2), by striking ``section 5(d)'' and
inserting ``section 805(d)''.
(e) Reauthorization.--Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) is amended by striking ``2019'' and
inserting ``2031''.
SEC. 312. PERMITTING PROCESS IMPROVEMENTS.
(a) In General.--To simplify the process of the issuance and or
reissuance of special recreation permits and reduce the cost of
administering special recreation permits under section 803(h) of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended
by this title), the Secretaries shall each--
(1) during the period beginning on January 1, 2021, and ending
on January 1, 2025--
(A) evaluate the process for issuing special recreation
permits; and
(B) based on the evaluation under subparagraph (A),
identify opportunities to--
(i) eliminate duplicative processes with respect to
issuing special recreation permits;
(ii) reduce costs for the issuance of special
recreation permits;
(iii) decrease processing times for special recreation
permits; and
(iv) issue simplified special recreation permits,
including special recreation permits for an organized group
recreation activity or event under subsection (e); and
(2) not later than 1 year after the date on which the
Secretaries complete their respective evaluation and identification
processes under paragraph (1), revise, as necessary, relevant
agency regulations and guidance documents, including regulations
and guidance documents relating to the environmental review
process, for special recreation permits to implement the
improvements identified under paragraph (1)(B).
(b) Environmental Reviews.--
(1) In general.--The Secretary concerned shall, to the maximum
extent practicable, utilize available tools, including tiering to
existing programmatic reviews, as appropriate, to facilitate an
effective and efficient environmental review process for activities
undertaken by the Secretary concerned relating to the issuance of
special recreation permits.
(2) Categorical exclusions.--Not later than 2 years after the
date of the enactment of this title, the Secretary concerned
shall--
(A) evaluate whether existing categorical exclusions
available to the Secretary concerned on the date of the
enactment of this title are consistent with the provisions of
this title;
(B) evaluate whether a modification of an existing
categorical exclusion or the establishment of 1 or more new
categorical exclusions developed in compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) is necessary to undertake an activity described in
paragraph (1) in a manner consistent with the authorities and
requirements in this title; and
(C) revise relevant agency regulations and policy
statements and guidance documents, as necessary, to modify
existing categorical exclusions or incorporate new categorical
exclusions based on evaluations conducted under this paragraph.
(c) Needs Assessments.--Except as required under subsection (c) or
(d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary
concerned shall not conduct a needs assessment as a condition of
issuing a special recreation permit under section 803(h) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this
title).
(d) Online Applications.--Not later than 3 years after the date of
the enactment of this title, the Secretaries shall make the application
for a special recreation permit under section 803(h) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this
title), including a reissuance of a special recreation permit under
that section, available for completion and submission--
(1) online;
(2) by mail or electronic mail; and
(3) in person at the field office for the applicable Federal
recreational lands and waters.
(e) Special Recreation Permits for an Organized Group Recreation
Activity or Event.--
(1) Definitions.--In this subsection:
(A) Special recreation permit for an organized group
recreation activity or event.--The term ``special recreation
permit for an organized group recreation activity or event''
means a special recreation permit described in subclause (I) or
(III) of paragraph (13)(A)(iii) of section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended
by this title).
(B) Youth group.--The term ``youth group'' means a
recreation service provider that predominantly serves
individuals not older than 25 years of age.
(2) Exemption from certain allocations of use.--If the
Secretary concerned allocates visitor-use days available for an
area or activity on Federal recreational lands and waters among
recreation service providers that hold a permit described in
paragraph (13)(A)(iv) of section 802 of the Federal Lands
Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this
title), a special recreation permit for an organized group
recreation activity or event shall not be subject to that
allocation of visitor-use days.
(3) Issuance.--In accordance with paragraphs (5) and (6), if
use by the general public is not subject to a limited entry permit
system and if capacity is available for the times or days in which
the proposed activity or event would be undertaken, on request of a
recreation service provider (including a youth group) to conduct an
organized group recreation activity or event described in subclause
(I) or (III) of paragraph (13)(A)(iii) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by this title), the Secretary concerned--
(A) shall make a nominal effects determination to determine
whether the proposed activity or event would have more than
nominal effects on Federal recreational lands and waters,
resources, and programs; and
(B)(i) shall not require a recreation service provider
(including a youth group) to obtain a special recreation permit
for an organized group recreation activity or event if the
Secretary concerned determines--
(I) the proposed activity or event to be undertaken
would have only nominal effects on Federal recreational
lands and waters, resources, and programs; and
(II) establishing additional terms and conditions for
the proposed activity or event is not necessary to protect
or avoid conflict on or with Federal recreational lands and
waters, resources, and programs;
(ii) in the case of an organized group recreation activity
or event described in section 802(13)(A)(iii)(I) of that Act,
may issue to a recreation service provider (including a youth
group) a special recreation permit for an organized group
recreation activity or event, subject to any terms and
conditions as are determined to be appropriate by the Secretary
concerned, if the Secretary concerned determines--
(I) the proposed activity or event to be undertaken
would have only nominal effects on Federal recreational
lands and waters, resources, and programs; and
(II) establishing additional terms and conditions for
the proposed activity or event is necessary to protect or
avoid conflict on or with Federal recreational lands and
waters, resources, and programs;
(iii) in the case of an organized group recreation activity
or event described in section 802(13)(A)(iii)(III) of that Act,
shall issue to a recreation service provider (including a youth
group) a special recreation permit for an organized group
recreation activity or event, subject to such terms and
conditions determined to be appropriate by the Secretary
concerned, if the Secretary concerned determines--
(I) the proposed activity or event to be undertaken
would have only nominal effects on Federal recreational
lands and waters, resources, and programs; and
(II) establishing additional terms and conditions for
the proposed activity or event is necessary to protect or
avoid conflict on or with Federal recreational lands and
waters, resources, and programs; and
(iv) may issue to a recreation service provider (including
a youth group) a special recreation permit for an organized
group recreation activity or event, subject to any terms and
conditions determined to be appropriate by the Secretary
concerned, if the Secretary concerned determines--
(I) the proposed activity or event to be undertaken may
have more than nominal effects on Federal recreational
lands and waters, resources, and programs; and
(II) establishing additional terms and conditions for
the proposed activity or event would be necessary to
protect or avoid conflict on or with Federal recreational
lands and waters, resources, and programs.
(4) Fees.--The Secretary concerned may elect not to charge a
fee to a recreation service provider (including a youth group) for
a special recreation permit for an organized group recreation
activity or event.
(5) Savings clause.--Nothing in this subsection prevents the
Secretary concerned from limiting or abating the allowance of a
proposed activity or event under paragraph (3)(B)(i) or the
issuance of a special recreation permit for an organized group
recreation activity or event, based on resource conditions,
administrative burdens, or safety issues.
(6) Qualifications.--A special recreation permit for an
organized group recreation activity or event issued under paragraph
(3) shall be subject to the health and safety standards required by
the Secretary concerned for a permit issued under paragraph
(13)(A)(iv) of section 802 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6801) (as amended by this title).
SEC. 313. PERMIT FLEXIBILITY.
(a) In General.--The Secretary concerned shall establish guidelines
to allow a holder of a special recreation permit under subsection (h)
of section 803 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6802) (as amended by this title), to engage in another
recreational activity under the special recreation permit that is
substantially similar to the specific activity authorized under the
special recreation permit.
(b) Criteria.--For the purposes of this section, a recreational
activity shall be considered to be a substantially similar recreational
activity if the recreational activity--
(1) is comparable in type, nature, scope, and ecological
setting to the specific activity authorized under the special
recreation permit;
(2) does not result in a greater impact on natural and cultural
resources than the impact of the authorized activity;
(3) does not adversely affect--
(A) any other holder of a special recreation permit or
other permit; or
(B) any other authorized use of the Federal recreational
lands and waters; and
(4) is consistent with--
(A) any applicable laws (including regulations); and
(B) the land management plan, resource management plan, or
equivalent plan applicable to the Federal recreational lands
and waters.
(c) Surrender of Unused Visitor-Use Days.--
(1) In general.--A recreation service provider holding a
special recreation permit described in paragraph (13)(A)(iv) of
section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) (as amended by this title) may--
(A) notify the Secretary concerned of an inability to use
visitor-use days annually allocated to the recreation service
provider under the special recreation permit; and
(B) surrender to the Secretary concerned the unused
visitor-use days for the applicable year for temporary
reassignment under section 318(b).
(2) Determination.--To ensure a recreation service provider
described in paragraph (1) is able to make an informed decision
before surrendering any unused visitor-use day under paragraph
(1)(B), the Secretary concerned shall, on the request of the
applicable recreation service provider, determine and notify the
recreation service provider whether the unused visitor-use day
meets the requirement described in section 317(b)(3)(B) before the
recreation service provider surrenders the unused visitor-use day.
(d) Effect.--Nothing in this section affects any authority of,
regulation issued by, or decision of the Secretary concerned relating
to the use of electric bicycles on Federal recreational lands and
waters under any other Federal law.
SEC. 314. PERMIT ADMINISTRATION.
(a) Permit Availability.--
(1) Notifications of permit availability.--
(A) In general.--Except as provided in subparagraph (B), in
an area of Federal recreational lands and waters in which use
by recreation service providers is allocated, if the Secretary
concerned determines that visitor-use days are available for
allocation to recreation service providers or holders of a
commercial use authorization for outfitting and guiding, the
Secretary concerned shall publish that information on the
website of the agency that administers the applicable area of
Federal recreational lands and waters.
(B) Effect.--Nothing in this paragraph--
(i) applies to--
(I) the reissuance of an existing special
recreation permit or commercial use authorization for
outfitting and guiding; or
(II) the issuance of a new special recreation
permit or new commercial use authorization for
outfitting and guiding issued to the purchaser of--
(aa) a recreation service provider that is the
holder of an existing special recreation permit; or
(bb) a holder of an existing commercial use
authorization for outfitting and guiding; or
(ii) creates a prerequisite to the issuance of a
special recreation permit or commercial use authorization
for outfitting and guiding or otherwise limits the
authority of the Secretary concerned--
(I) to issue a new special recreation permit or new
commercial use authorization for outfitting and
guiding; or
(II) to add a new or additional use to an existing
special recreation permit or an existing commercial use
authorization for outfitting and guiding.
(2) Updates.--The Secretary concerned shall ensure that
information published on the website under this subsection is
consistently updated to provide current and correct information to
the public.
(3) Electronic mail notifications.--The Secretary concerned
shall establish a system by which potential applicants for special
recreation permits or commercial use authorizations for outfitting
and guiding may subscribe to receive notification by electronic
mail of the availability of special recreation permits under
section 803(h)(1) of the Federal Lands Recreation Enhancement Act
(16 U.S.C. 6802) (as amended by this title) or commercial use
authorizations for outfitting and guiding.
(b) Permit Application or Proposal Acknowledgment.--Not later than
60 days after the date on which the Secretary concerned receives a
completed application or a complete proposal for a special recreation
permit under section 803(h)(1) of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) (as amended by this title), the
Secretary concerned shall--
(1) provide to the applicant notice acknowledging receipt of
the application or proposal; and
(2)(A) issue a final decision with respect to the application
or proposal; or
(B) provide to the applicant notice of a projected date for a
final decision on the application or proposal.
(c) Effect.--Nothing in this section applies to a concession
contract issued by the National Park Service for the provision of
accommodations, facilities, or services.
SEC. 315. SERVICE FIRST INITIATIVE; PERMITS FOR MULTIJURISDICTIONAL
TRIPS.
(a) Repeal.--Section 330 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), is
repealed.
(b) Cooperative Action and Sharing of Resources by the Secretaries
of the Interior and Agriculture.--
(1) In general.--For fiscal year 2024, and each fiscal year
thereafter, the Secretaries may carry out an initiative, to be
known as the ``Service First Initiative'', under which the
Secretaries, or Federal land management agencies within their
departments, may--
(A) establish programs to conduct projects, planning,
permitting, leasing, contracting, and other activities, either
jointly or on behalf of one another;
(B) co-locate in Federal offices and facilities leased by
an agency of the Department of the Interior or the Department
of Agriculture; and
(C) issue rules to test the feasibility of issuing unified
permits, applications, and leases, subject to the limitations
in this section.
(2) Delegations of authority.--The Secretaries may make
reciprocal delegations of the respective authorities, duties, and
responsibilities of the Secretaries in support of the Service First
Initiative agency-wide to promote customer service and efficiency.
(3) Effect.--Nothing in this section alters, expands, or limits
the applicability of any law (including regulations) to land
administered by the Bureau of Land Management, National Park
Service, United States Fish and Wildlife Service, or the Forest
Service or matters under the jurisdiction of any other bureaus or
offices of the Department of the Interior or the Department of
Agriculture, as applicable.
(4) Transfers of funding.--Subject to the availability of
appropriations and to facilitate the sharing of resources under the
Service First Initiative, the Secretaries are authorized to
mutually transfer funds between, or reimburse amounts expended
from, appropriate accounts of either Department on an annual basis,
including transfers and reimbursements for multiyear projects,
except that this authority may not be used in a manner that
circumvents requirements or limitations imposed on the use of any
of the funds so transferred or reimbursed.
(5) Report.--The Secretaries shall submit an annual report to
the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
describing the activities undertaken as part of the Service First
Initiative in the prior year.
(c) Pilot Program for Special Recreation Permits for
Multijurisdictional Trips.--
(1) In general.--Not later than 2 years after the date of the
enactment of this title, the Secretaries shall establish a pilot
program to offer to a person seeking an authorization for a
multijurisdictional trip a set of separate special recreation
permits or commercial use authorizations that authorizes the use of
each unit of Federal recreational lands and waters on which the
multijurisdictional trip occurs, subject to the authorities that
apply to the applicable unit of Federal recreational lands and
waters.
(2) Minimum number of permits.--Not later than 4 years after
the date of the enactment of this title, the Secretaries shall
issue not fewer than 10 sets of separate special recreation permits
described in paragraph (13)(A)(iv) of section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by
this title) or commercial use authorizations under the pilot
program established under paragraph (1).
(3) Lead agencies.--In carrying out the pilot program
established under paragraph (1), the Secretaries shall--
(A) designate a lead agency for issuing and administering a
set of separate special recreation permits or commercial use
authorizations; and
(B) select not fewer than 4 offices at which a person shall
be able to apply for a set of separate special recreation
permits or commercial use authorizations, of which--
(i) not fewer than 2 offices are managed by the
Secretary; and
(ii) not fewer than 2 offices are managed by the
Secretary of Agriculture, acting through the Chief of the
Forest Service.
(4) Retention of authority by the applicable secretary.--Each
of the Secretaries shall retain the authority to enforce the terms,
stipulations, conditions, and agreements in a set of separate
special recreation permits or commercial use authorizations issued
under the pilot program established under paragraph (1) that apply
specifically to the use occurring on the Federal recreational lands
and waters managed by the applicable Secretary, under the
authorities that apply to the applicable Federal recreational lands
and waters.
(5) Option to apply for separate special recreation permits or
commercial use authorizations.--A person seeking the appropriate
permits or authorizations for a multijurisdictional trip may apply
for--
(A) a separate special recreation permit or commercial use
authorization for the use of each unit of Federal recreational
lands and waters on which the multijurisdictional trip occurs;
or
(B) a set of separate special recreational permits or
commercial use authorizations made available under the pilot
program established under paragraph (1).
(6) Effect.--Nothing in this subsection applies to a concession
contract issued by the National Park Service for the provision of
accommodations, facilities, or services.
SEC. 316. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT TEMPORARY
SPECIAL RECREATION PERMITS FOR OUTFITTING AND GUIDING.
(a) In General.--Not later than 180 days after the date of
enactment of this title, the Secretary concerned shall establish and
implement a program to authorize the issuance of temporary special
recreation permits for new or additional recreational uses of Federal
recreational land and water managed by the Forest Service and the
Bureau of Land Management.
(b) Term of Temporary Permits.--A temporary special recreation
permit issued under paragraph (1) shall be issued for a period of not
more than 2 years.
(c) Conversion to Long-term Permit.--If the Secretary concerned
determines that a permittee under paragraph (1) has completed 2 years
of satisfactory operation under the permit proposed to be converted,
the Secretary may provide for the conversion of a temporary special
recreation permit issued under paragraph (1) to a long-term special
recreation permit.
(d) Effect.--Nothing in this subsection alters or affects the
authority of the Secretary to issue a special recreation permit under
subsection (h)(1) of section 803 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) (as amended by this title).
SEC. 317. REVIEWS FOR LONG-TERM PERMITS.
(a) Monitoring.--The Secretary concerned shall monitor each
recreation service provider issued a special recreation permit for
compliance with the terms of the permit--
(1) not less than annually or as frequently as needed (as
determined by the Secretary concerned), in the case of a temporary
special recreation permit for outfitting and guiding issued under
section 316; and
(2) not less than once every 2 years or as frequently as needed
(as determined by the Secretary concerned), in the case of a
special recreation permit described in paragraph (13)(A)(iv)(I) of
section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) (as amended by this title) that is issued for a term
of not more than 10 years.
(b) Use-of-Allocation Reviews.--
(1) In general.--If the Secretary of Agriculture, acting
through the Chief of the Forest Service, or the Secretary, as
applicable, allocates visitor-use days among special recreation
permits for outfitting and guiding, the Secretary of Agriculture,
acting through the Chief of the Forest Service, shall, and the
Secretary may, review the use by the recreation service provider of
the visitor-use days allocated under a long-term special recreation
permit described in paragraph (13)(A)(iv)(I) of section 802 of the
Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as
amended by this title), once every 5 years.
(2) Requirements of the review.--In conducting a review under
paragraph (1), the Secretary concerned shall determine--
(A) the number of visitor-use days that the recreation
service provider used each year under the special recreation
permit, in accordance with paragraph (3); and
(B) the year in which the recreation service provider used
the most visitor-use days under the special recreation permit.
(3) Consideration of surrendered, unused visitor-use days.--For
the purposes of determining the number of visitor-use days a
recreation service provider used in a specified year under
paragraph (2)(A), the Secretary of Agriculture, acting through the
Chief of the Forest Service, and the Secretary, as applicable,
shall consider an unused visitor-use day that has been surrendered
under section 313(c)(1)(B) as--
(A) 1/2 of a visitor-use day used; or
(B) 1 visitor-use day used, if the Secretary concerned
determines the use of the allocated visitor-use day had been or
will be prevented by a circumstance beyond the control of the
recreation service provider.
SEC. 318. ADJUSTMENT OF ALLOCATED VISITOR-USE DAYS.
(a) Adjustments Following Use of Allocation Reviews.--On the
completion of a use-of-allocation review conducted under section 317(b)
for a special recreation permit described in paragraph (13)(A)(iv)(I)
of section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) (as amended by this title), the Secretary of Agriculture,
acting through the Chief of the Forest Service, or the Secretary, as
applicable, shall adjust the number of visitor-use days allocated to a
recreation service provider under the special recreation permit as
follows:
(1) If the Secretary concerned determines that the performance
of the recreation service provider was satisfactory during the most
recent review conducted under subsection (a) of section 317, the
annual number of visitor-use days allocated for each remaining year
of the permit shall be equal to 125 percent of the number of
visitor-use days used, as determined under subsection (b)(2)(A) of
that section, during the year identified under subsection (b)(2)(B)
of that section, not to exceed the level allocated to the
recreation service provider on the date on which the special
recreation permit was issued.
(2) If the Secretary concerned determines the performance of
the recreation service provider is less than satisfactory during
the most recent performance review conducted under subsection (a)
of section 317, the annual number of visitor-use days allocated for
each remaining year of the special recreation permit shall be equal
to not more than 100 percent of the number of visitor-use days
used, as determined under subsection (b)(2)(A) of that section
during the year identified under subsection (b)(2)(B) of that
section.
(b) Temporary Reassignment of Unused Visitor-Use Days.--The
Secretary concerned may temporarily assign unused visitor-use days,
made available under section 313(c)(1)(B), to--
(1) any other existing or potential recreation service
provider, notwithstanding the number of visitor-use days allocated
to the special recreation permit holder under the special
recreation permit held or to be held by the recreation service
provider; or
(2) any existing or potential holder of a special recreation
permit described in clause (i) or (iii) of paragraph (13)(A) of
section 802 of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6801) (as amended by this title), including the public.
(c) Additional Capacity.--If unallocated visitor-use days are
available, the Secretary concerned may, at any time, amend a special
recreation permit to allocate additional visitor-use days to a
qualified recreation service provider.
SEC. 319. LIABILITY.
(a) Insurance Requirements.--
(1) In general.--Except as provided in paragraph (2), as a
condition of issuing a special recreation permit under subsection
(h)(1)(B) of section 803 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) (as amended by this title) or a
commercial use authorization, the Secretary concerned may require
the holder of the special recreation permit or commercial use
authorization to have a commercial general liability insurance
policy that--
(A) is commensurate with the level of risk of the
activities to be conducted under the special recreation permit
or commercial use authorization; and
(B) includes the United States as an additional insured in
an endorsement to the applicable policy.
(2) Exception.--The Secretary concerned shall not require a
holder of a special recreation permit or commercial use
authorization for low-risk activities, as determined by the
Secretary concerned, including commemorative ceremonies and
participation by the public in a recreation activity or recreation
use of a specific area of Federal recreational lands and waters in
which use by the public is allocated, to comply with the
requirements of paragraph (1).
(b) Indemnification by Governmental Entities.--The Secretary
concerned shall not require a State, State agency, State institution,
or political subdivision of a State to indemnify the United States for
tort liability as a condition for issuing a special recreation permit
or commercial use authorization to the extent the State, State agency,
State institution, or political subdivision of a State is precluded by
State law from providing indemnification to the United States for tort
liability, if the State, State agency, State institution, or political
subdivision of the State maintains the minimum amount of liability
insurance coverage required by the Federal land management agency for
the activities conducted under the special recreation permit or
commercial use authorization in the form of--
(1) a commercial general liability insurance policy, which
includes the United States as an additional insured in an
endorsement to the policy, if the State is authorized to obtain
commercial general liability insurance by State law;
(2) self-insurance, which covers the United States as an
additional insured, if authorized by State law; or
(3) a combination of the coverage described in paragraphs (1)
and (2).
(c) Exculpatory Agreements.--
(1) In general.--Except as provided in paragraph (2), a Federal
land management agency shall not implement, administer, or enforce
any regulation, guidance, or policy prohibiting the use of an
exculpatory agreement between a recreation service provider or a
holder of a commercial use authorization and a customer relating to
services provided under a special recreation permit or a commercial
use authorization.
(2) Requirements.--Any exculpatory agreement used by a
recreation service provider or holder of a commercial use
authorization for an activity authorized under a special recreation
permit or commercial use authorization--
(A) shall shield the United States from any liability, if
otherwise allowable under Federal law; and
(B) shall not waive any liability of the recreation service
provider or holder of the commercial use authorization that may
not be waived under the laws (including common law) of the
applicable State or for gross negligence, recklessness, or
willful misconduct.
(3) Consistency.--Not later than 2 years after the date of the
enactment of this title, the Secretaries shall--
(A) review the policies of the Secretaries pertaining to
the use of exculpatory agreements by recreation service
providers and holders of commercial use authorizations; and
(B) revise any policy described in subparagraph (A) as
necessary to make the policies of the Secretaries pertaining to
the use of exculpatory agreements by recreation service
providers and holders of commercial use authorizations
consistent with this subsection and across all Federal
recreational lands and waters.
(d) Effect.--Nothing in this section applies to a concession
contract issued by the National Park Service for the provision of
accommodations, facilities, or services.
SEC. 320. COST RECOVERY REFORM.
(a) Cost Recovery for Special Recreation Permits.--In addition to a
fee collected under section 803 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6802) or any other authorized fee collected
by the Secretary concerned, the Secretary concerned may assess and
collect a reasonable fee from an applicant for, or holder of, a special
recreation permit to recover administrative costs incurred by the
Secretary concerned for--
(1) processing a proposal or application for the special
recreation permit;
(2) issuing the special recreation permit; and
(3) monitoring the special recreation permit to ensure
compliance with the terms and conditions of the special recreation
permit.
(b) De Minimis Exemption From Cost Recovery.--If the administrative
costs described in subsection (a) are assessed on an hourly basis, the
Secretary concerned shall--
(1) establish an hourly de minimis threshold that exempts a
specified number of hours from the assessment and collection of
administrative costs described in subsection (a); and
(2) charge an applicant only for any hours that exceed the de
minimis threshold.
(c) Multiple Applications.--If the Secretary concerned collectively
processes multiple applications for special recreation permits for the
same or similar services in the same unit of Federal recreational lands
and waters, the Secretary concerned shall, to the extent practicable--
(1) assess from the applicants the fee described in subsection
(a) on a prorated basis; and
(2) apply the exemption described in subsection (b) to each
applicant on an individual basis.
(d) Limitation.--The Secretary concerned shall not assess or
collect administrative costs under this section for a programmatic
environmental review.
(e) Cost Reduction.--To the maximum extent practicable, the agency
processing an application for a special recreation permit shall use
existing studies and analysis to reduce the quantity of work and costs
necessary to process the application.
SEC. 321. AVAILABILITY OF FEDERAL, STATE, AND LOCAL RECREATION
PASSES.
(a) In General.--The Federal Lands Recreation Enhancement Act is
amended by inserting after section 805 (16 U.S.C. 6804) the following:
``SEC. 805A. AVAILABILITY OF FEDERAL, STATE, AND LOCAL RECREATION
PASSES.
``(a) Establishment of Program.--
``(1) In general.--To improve the availability of Federal,
State, and local outdoor recreation passes, the Secretaries are
encouraged to coordinate with States and counties regarding the
availability of Federal, State, and local recreation passes to
allow a purchaser to buy a Federal recreation pass, State
recreation pass, and local recreation pass in a single transaction.
``(2) Included passes.--Passes covered by the program
established under paragraph (1) include--
``(A) an America the Beautiful--the National Parks and
Federal Recreational Lands Pass under section 805; and
``(B) any pass covering any fees charged by participating
States and counties for entrance and recreational use of parks
and public land in the participating States.
``(b) Agreements With States and Counties.--
``(1) In general.--The Secretaries, after consultation with the
States and counties, may enter into agreements with States and
counties to coordinate the availability of passes as described in
subsection (a).
``(2) Revenue from pass sales.--Agreements between the
Secretaries, States, and counties entered into pursuant to this
section shall ensure that--
``(A) funds from the sale of State or local passes are
transferred to the appropriate State agency or county
government;
``(B) funds from the sale of Federal passes are transferred
to the appropriate Federal agency; and
``(C) fund transfers are completed by the end of a fiscal
year for all pass sales occurring during the fiscal year.''.
(b) Clerical Amendment.--The table of contents for the Federal
Lands Recreation Enhancement Act is amended by inserting after the item
relating to section 805 the following:
``Sec. 805A. Availability of Federal, State, and local recreation
passes.''.
SEC. 322. ONLINE PURCHASES AND ESTABLISHMENT OF A DIGITAL VERSION
OF AMERICA THE BEAUTIFUL--THE NATIONAL PARKS AND FEDERAL
RECREATIONAL LANDS PASSES.
(a) Online Purchases of America the Beautiful-The National Parks
and Federal Recreational Lands Pass.--Section 805(a)(6) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6804(a)(6)) is amended by
striking subparagraph (A) and inserting the following:
``(A) In general.--The Secretaries shall sell or otherwise
make available the National Parks and Federal Recreational
Lands Pass--
``(i) at all Federal recreational lands and waters at
which--
``(I) an entrance fee or a standard amenity
recreation fee is charged; and
``(II) such sales or distribution of the Pass is
feasible;
``(ii) at such other locations as the Secretaries
consider appropriate and feasible; and
``(iii) through a prominent link to a centralized pass
sale system on the website of each of the Federal land
management agencies and the websites of the relevant units
and subunits of those agencies, which shall include
information about where and when a National Parks and
Federal Recreational Lands Pass may be used.''.
(b) Digital Version of the America the Beautiful--The National
Parks and Federal Recreation Lands Pass.--Section 805(a) of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6804(a)) is amended by
adding at the end the following:
``(10) Digital recreation passes.--Not later than January 1,
2026, the Secretaries shall--
``(A) establish a digital version of the National Parks and
Federal Recreational Lands Pass that is able to be stored on a
mobile device, including with respect to free and discounted
passes; and
``(B) upon completion of a transaction for a National Parks
and Federal Recreational Lands Pass, make immediately available
to the passholder a digital version of the National Parks and
Federal Recreational Lands Pass established under subparagraph
(A).''.
(c) Entrance Pass and Amenity Fees.--Section 803 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this
title) is amended by adding at the end the following:
``(j) Online Payments.--
``(1) In general.--In addition to providing onsite payment
methods, the Secretaries may collect payment online for--
``(A) entrance fees under subsection (e);
``(B) standard amenity recreation fees under subsection
(f);
``(C) expanded amenity recreation fees under subsection
(g); and
``(D) special recreation permit fees.
``(2) Distribution of online payments.--An online payment
collected under paragraph (1) that is associated with a specific
unit or area of a Federal land management agency shall be
distributed in accordance with section 805(c).''.
SEC. 323. SAVINGS PROVISION.
Nothing in this subtitle, or in any amendment made by this
subtitle, shall be construed as affecting the authority or
responsibility of the Secretary of the Interior to award concessions
contracts for the provision of accommodations, facilities, and
services, or commercial use authorizations to provide services, to
visitors to U.S. Fish and Wildlife Service refuges or units of the
National Park System pursuant to subchapter II of chapter 1019 of title
54, United States Code (formerly known as the ``National Park Service
Concessions Management Improvement Act of 1998''), except that sections
314(a), 315, 319(a), 319(b), and 319(c) of this subtitle shall also
apply to commercial use authorizations under that Act.
Subtitle B--Making Recreation a Priority
SEC. 331. EXTENSION OF SEASONAL RECREATION OPPORTUNITIES.
(a) Definition of Seasonal Closure.--In this section, the term
``seasonal closure'' means any period during which--
(1) a unit, or portion of a unit, of Federal recreational lands
and waters is closed to the public for a continuous period of 30
days or more, excluding temporary closures relating to wildlife
conservation or public safety; and
(2) permitted or allowable recreational activities, which
provide an economic benefit, including off-season or winter-season
tourism, do not take place at the unit, or portion of a unit, of
Federal recreational lands and waters.
(b) Coordination.--
(1) In general.--The Secretaries shall consult and coordinate
with outdoor recreation-related businesses operating on, or
adjacent to, a unit of Federal recreational lands and waters, State
offices of outdoor recreation, local destination marketing
organizations, applicable trade organizations, nonprofit
organizations, Indian Tribes, local governments, and institutions
of higher education--
(A) to better understand--
(i) trends with respect to visitors to the unit of
Federal recreational lands and waters;
(ii) the effect of seasonal closures on areas of, or
infrastructure on, units of Federal recreational lands and
waters on outdoor recreation opportunities, adjacent
businesses, and local tax revenue; and
(iii) opportunities to extend the period of time during
which areas of, or infrastructure on, units of Federal
recreational lands and waters are open to the public to
increase outdoor recreation opportunities and associated
revenues for businesses and local governments; and
(B) to solicit input from, and provide information for,
outdoor recreation marketing campaigns.
(2) Local coordination.--As part of the consultation and
coordination required under subparagraph (1), the Secretaries shall
encourage relevant unit managers of Federal recreational lands and
waters managed by the Forest Service, the Bureau of Land
Management, and the National Park Service to consult and coordinate
with local governments, Indian Tribes, outdoor recreation-related
businesses, and other local stakeholders operating on or adjacent
to the relevant unit of Federal recreational lands and waters.
(d) Extensions Beyond Seasonal Closures.--
(1) Extension of recreational season.--In the case of a unit of
Federal recreational lands and waters managed by the Forest
Service, the Bureau of Land Management, or the National Park
Service in which recreational use is highly seasonal, the Secretary
concerned, acting through the relevant unit manager, may--
(A) as appropriate, extend the recreation season or
increase recreation use in a sustainable manner during the
offseason; and
(B) make information about extended season schedules and
related recreational opportunities available to the public and
local communities.
(2) Determination.--In determining whether to extend the
recreation season under this subsection, the Secretary concerned,
acting through the relevant unit manager, shall consider the
benefits of extending the recreation season--
(A) for the duration of income to gateway communities; and
(B) to provide more opportunities to visit resources on
units of Federal recreational lands and waters to reduce
crowding during peak visitation.
(3) Clarification.--Nothing in this subsection precludes the
Secretary concerned, acting through the relevant unit manager, from
providing for additional recreational opportunities and uses at
times other than those described in this subsection.
(4) Inclusions.--An extension of a recreation season or an
increase in recreation use during the offseason under paragraph (1)
may include--
(A) the addition of facilities that would increase
recreation use during the offseason; and
(B) improvement of access to the relevant unit to extend
the recreation season.
(5) Requirement.--An extension of a recreation season or
increase in recreation use during the offseason under paragraph (1)
shall be done in compliance with all applicable Federal laws,
regulations, and policies, including land use plans.
(6) Agreements.--
(A) In general.--The Secretary concerned may enter into
agreements with businesses, local governments, or other
entities to share the cost of additional expenses necessary to
extend the period of time during which an area of, or
infrastructure on, a unit of Federal recreational lands and
waters is made open to the public.
(B) In-kind contributions.--The Secretary concerned may
accept in-kind contributions of goods and services provided by
businesses, local governments, or other entities for purposes
of paragraph (1).
Subtitle C--Maintenance of Public Land
SEC. 341. VOLUNTEERS IN THE NATIONAL FORESTS AND PUBLIC LANDS ACT.
The Volunteers in the National Forests Act of 1972 (16 U.S.C. 558a
et seq.) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Volunteers in the National Forests
and Public Lands Act'.
``SEC. 2. PURPOSE.
``The purpose of this Act is to leverage volunteer engagement to
supplement projects that are carried out by the Secretaries to fulfill
the missions of the Forest Service and the Bureau of Land Management
and are accomplished with appropriated funds.
``SEC. 3. DEFINITION OF SECRETARIES.
``In this Act, the term `Secretaries' means each of--
``(1) the Secretary of Agriculture, acting through the Chief of
the Forest Service; and
``(2) the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
``SEC. 4. AUTHORIZATION.
``The Secretaries are authorized to recruit, train, and accept
without regard to the civil service and classification laws, rules, or
regulations the services of individuals without compensation as
volunteers for or in aid of recreation access, trail construction or
maintenance, facility construction or maintenance, educational uses
(including outdoor classroom construction or maintenance), interpretive
functions, visitor services, conservation measures and development, or
other activities in and related to areas administered by the
Secretaries. In carrying out this section, the Secretaries shall
consider referrals of prospective volunteers made by the Corporation
for National and Community Service.
``SEC. 5. INCIDENTAL EXPENSES.
``The Secretaries are authorized to provide for incidental
expenses, such as transportation, uniforms, lodging, training,
equipment, and subsistence.
``SEC. 6. CONSIDERATION AS FEDERAL EMPLOYEE.
``(a) Except as otherwise provided in this section, a volunteer
shall not be deemed a Federal employee and shall not be subject to the
provisions of law relating to Federal employment, including those
relating to hours of work, rates of compensation, leave, unemployment
compensation, and Federal employee benefits.
``(b) For the purpose of the tort claim provisions of title 28,
United States Code, a volunteer under this Act shall be considered a
Federal employee.
``(c) For the purposes of subchapter I of chapter 81 of title 5,
United States Code, relating to compensation to Federal employees for
work injuries, volunteers under this Act shall be deemed civil
employees of the United States within the meaning of the term
`employee' as defined in section 8101 of title 5, United States Code,
and the provisions of that subchapter shall apply.
``(d) For the purposes of claims relating to damage to, or loss of,
personal property of a volunteer incident to volunteer service, a
volunteer under this Act shall be considered a Federal employee, and
the provisions of section 3721 of title 31, United States Code, shall
apply.
``(e) For the purposes of subsections (b), (c), and (d), the term
`volunteer' includes a person providing volunteer services to either of
the Secretaries who--
``(1) is recruited, trained, and supported by a cooperator
under a mutual benefit agreement or cooperative agreement with
either of the Secretaries; and
``(2) performs such volunteer services under the supervision of
the cooperator as directed by either of the Secretaries in the
mutual benefit agreement or cooperative agreement in the mutual
benefit agreement, including direction that specifies--
``(A) the volunteer services, including the geographic
boundaries of the work to be performed by the volunteers, and
the supervision to be provided by the cooperator;
``(B) the applicable project safety standards and protocols
to be adhered to by the volunteers and enforced by the
cooperator;
``(C) the on-site visits to be made by either of the
Secretaries, if feasible and only if necessary to verify that
volunteers are performing the volunteer services and the
cooperator is providing the supervision agreed upon;
``(D) the equipment the volunteers are authorized to use;
``(E) the training the volunteers are required to complete;
``(F) the actions the volunteers are authorized to take;
and
``(G) any other terms and conditions that are determined to
be necessary by the applicable Secretary.
``SEC. 7. PROMOTION OF VOLUNTEER OPPORTUNITIES.
``The Secretaries shall promote volunteer opportunities in areas
administered by the Secretaries.
``SEC. 8. LIABILITY INSURANCE.
``The Secretaries shall not require a cooperator or volunteer (as
those terms are used in section 6) to have liability insurance to
provide the volunteer services authorized under this Act.''.
SEC. 342. REFERENCE.
Any reference to the Volunteers in the National Forests Act of 1972
in any law, regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the Volunteers in
the National Forests and Public Land Act.
Subtitle D--Recreation Not Red Tape
SEC. 351. GOOD NEIGHBOR AUTHORITY FOR RECREATION.
(a) Definitions.--In this section:
(1) Authorized recreation services.--The term ``authorized
recreation services'' means similar and complementary recreation
enhancement or improvement services carried out--
(A) on Federal land, non-Federal land, or land owned by an
Indian Tribe; and
(B) by either the Secretary or a Governor, Indian Tribe, or
county, as applicable, pursuant to a good neighbor agreement.
(2) County.--The term ``county'' means--
(A) the appropriate executive official of an affected
county; or
(B) in any case in which multiple counties are affected,
the appropriate executive official of a compact of the affected
counties.
(3) Federal land.--The term ``Federal land'' means land that
is--
(A) owned and administered by the United States as a part
of--
(i) the National Forest System; or
(ii) the National Park System; or
(B) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
(4) Recreation enhancement or improvement services.--The term
``recreation enhancement or improvement services'' means--
(A) establishing, repairing, restoring, improving,
relocating, constructing, or reconstructing new or existing--
(i) trails or trailheads;
(ii) campgrounds and camping areas;
(iii) cabins;
(iv) picnic areas or other day use areas;
(v) shooting ranges;
(vi) restroom or shower facilities;
(vii) paved or permanent roads or parking areas that
serve existing recreation facilities or areas;
(viii) fishing piers, wildlife viewing platforms,
docks, or other constructed features at a recreation site;
(ix) boat landings;
(x) hunting or fishing sites;
(xi) infrastructure within ski areas; or
(xii) visitor centers or other interpretative sites;
and
(B) activities that create, improve, or restore access to
existing recreation facilities or areas.
(5) Good neighbor agreement.--The term ``good neighbor
agreement'' means a cooperative agreement or contract (including a
sole source contract) entered into between the Secretary and a
Governor, Indian Tribe, or county, as applicable, to carry out
authorized recreation services under this title.
(6) Governor.--The term ``Governor'' means the Governor or any
other appropriate executive official of an affected State or the
Commonwealth of Puerto Rico.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to National
Forest System land; and
(B) the Secretary of the Interior, with respect to National
Park System land and public lands.
(b) Good Neighbor Agreements for Recreation.--
(1) In general.--The Secretary concerned may enter into a good
neighbor agreement with a Governor, Indian Tribe, or county to
carry out authorized recreation services in accordance with this
title.
(2) Public availability.--The Secretary concerned shall make
each good neighbor agreement available to the public.
(3) Financial and technical assistance.--
(A) In general.--The Secretary concerned may provide
financial or technical assistance to a Governor, Indian Tribe,
or county carrying out authorized recreation services.
(B) Additional treatments of revenue.--Section
8206(b)(2)(C) of the Agricultural Act of 2014 (16 U.S.C.
2113a(b)(2)(C)) is amended to read as follows:
``(C) Treatment of revenue.--
``(i) In general.--Funds received from the sale of
timber by a Governor, Indian Tribe, or county under a good
neighbor agreement shall be retained and used by the
Governor, Indian Tribe, or county, as applicable--
``(I) to carry out authorized restoration services
on under the good neighbor agreement; and
``(II) if there are funds remaining after carrying
out clause (i), to carry out--
``(aa) authorized restoration services under
other good neighbor agreements; or
``(bb) authorized recreation services under the
Good Neighbor Authority for Recreation Act.
``(ii) Termination of effectiveness.--The authority
provided under this subparagraph terminates effective
October 1, 2028.''.
(4) Retention of nepa responsibilities.--Any decision required
to be made under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to any authorized recreation
services to be provided under this section on Federal land shall
not be delegated to a Governor, Indian Tribe, or county.
SEC. 352. PERMIT RELIEF FOR PICNIC AREAS.
(a) In General.--If the Secretary concerned does not require the
public to obtain a permit or reservation to access a picnic area on
Federal recreational lands and waters administered by the Forest
Service or the Bureau of Land Management, the Secretary concerned shall
not require a covered person to obtain a permit solely to access the
picnic area.
(b) Covered Person Defined.--In this section, the term ``covered
person'' means a person (including an educational group) that provides
outfitting and guiding services to fewer than 40 customers per year at
a picnic area described in subsection (a).
SEC. 353. INTERAGENCY REPORT ON SPECIAL RECREATION PERMITS FOR
UNDERSERVED COMMUNITIES.
(a) Covered Community Defined.--In this section, the term ``covered
community'' means a rural or urban community, including an Indian
Tribe, that is--
(1) low-income or underserved; and
(2) has been underrepresented in outdoor recreation
opportunities on Federal recreational lands and waters.
(b) Report.--Not later than 3 years after the date of the enactment
of this title, the Secretaries, acting jointly, shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives a report
that describes--
(1) the estimated use of special recreation permits serving
covered communities;
(2) examples of special recreation permits, partnerships,
cooperative agreements, or other arrangements providing access to
Federal recreational lands and waters for covered communities;
(3) other ways covered communities are engaging on Federal
recreational lands and waters, including through stewardship and
conservation projects or activities;
(4) any barriers for existing or prospective recreation service
providers and holders of commercial use authorizations operating
within or serving a covered community; and
(5) any recommendations to facilitate and increase permitted
access to Federal recreational lands and waters for covered
communities.
SEC. 354. MODERNIZING ACCESS TO OUR PUBLIC LAND ACT AMENDMENTS.
The Modernizing Access to Our Public Land Act (16 U.S.C. 6851 et
seq.) is amended--
(1) in section 3(1) (16 U.S.C. 6852(1)), by striking ``public
outdoor recreational use'' and inserting ``recreation sites'';
(2) in section 5(a)(4) (16 U.S.C. 6854(a)(4)), by striking
``permanently restricted or prohibited'' and inserting ``regulated
or closed''; and
(3) in section 6(b) (16 U.S.C. 6855(b))--
(A) by striking ``may'' and inserting ``shall''; and
(B) by striking ``the Secretary of the Interior'' and
inserting ``the Secretaries''.
SEC. 355. SAVINGS PROVISION.
No additional Federal funds are authorized to carry out the
requirements of this Act and the activities authorized by this Act are
subject to the availability of appropriations made in advance for such
purposes.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.