[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6492 Reported in House (RH)]
<DOC>
Union Calendar No. 365
118th CONGRESS
2d Session
H. R. 6492
[Report No. 118-441, Part I]
To improve recreation opportunities on, and facilitate greater access
to, Federal public land, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 29, 2023
Mr. Westerman (for himself, Mr. Grijalva, Mr. Curtis, Mr. Neguse, Mr.
Lamborn, Ms. Barragan, Mr. Moylan, Mrs. Peltola, Mr. Carl, Ms. Lee of
Nevada, Mrs. Radewagen, Ms. Porter, Mr. Wittman, Mr. Sablan, Mrs.
Kiggans of Virginia, Mrs. Dingell, Mr. Collins, Ms. Leger Fernandez,
Mr. Levin, and Mr. Case) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committees on Agriculture, and Veterans' Affairs, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
April 5, 2024
Additional sponsors: Mr. Tiffany, Mr. Stauber, Mrs. Gonzalez-Colon, Mr.
Gallego, Mr. Duarte, Ms. Hoyle of Oregon, Mr. Fulcher, Mr. Huffman, Ms.
Pettersen, Ms. Slotkin, Mr. Moore of Utah, Mr. Newhouse, Mr. Webster of
Florida, Ms. Stansbury, Mr. Edwards, Ms. Schrier, Mr. Moskowitz, Mr.
Zinke, Mr. Baird, Ms. Norton, Mr. Lieu, Mr. Banks, Mr. Kean of New
Jersey, Mr. Yakym, Mrs. McBath, Ms. Scholten, Mr. Lawler, Ms. Tlaib,
Mrs. Rodgers of Washington, Ms. Schakowsky, Mr. Vasquez, and Mr. Costa
April 5, 2024
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
April 5, 2024
Committees on Veterans' Affairs and Agriculture discharged; committed
to the Committee of the Whole House on the State of the Union and
ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
November 29, 2023]
_______________________________________________________________________
A BILL
To improve recreation opportunities on, and facilitate greater access
to, Federal public land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``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) identify, 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.--Using
existing funds available to the Secretaries, the Secretaries--
(1) shall collaborate with State and local governments,
Indian Tribes, housing authorities, applicable trade
associations, nonprofit organizations, private entities, and
other relevant stakeholders to identify needs and economic
impacts in gateway communities, including--
(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 a lease, 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..''; and
(4) 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;
(C) lease non-Federal land for parking
opportunities; or
(D) 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 201of
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.
Union Calendar No. 365
118th CONGRESS
2d Session
H. R. 6492
[Report No. 118-441, Part I]
_______________________________________________________________________
A BILL
To improve recreation opportunities on, and facilitate greater access
to, Federal public land, and for other purposes.
_______________________________________________________________________
April 5, 2024
Reported from the Committee on Natural Resources with an amendment
April 5, 2024
Committees on Veterans' Affairs and Agriculture discharged; committed
to the Committee of the Whole House on the State of the Union and
ordered to be printed