[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3123 Reported in Senate (RS)]
<DOC>
Calendar No. 595
118th CONGRESS
2d Session
S. 3123
To provide for the standardization, consolidation, and publication of
data relating to public outdoor recreational use of Federal waterways
among Federal land and water management agencies, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 25, 2023
Mr. Barrasso (for himself and Mr. King) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
November 21, 2024
Reported by Mr. Manchin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for the standardization, consolidation, and publication of
data relating to public outdoor recreational use of Federal waterways
among Federal land and water management agencies, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Modernizing Access to Our
Public Waters Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Federal fishing restriction.--The term
``Federal fishing restriction'' means a defined area in which
all or certain fishing activities are temporarily or
permanently prohibited or restricted by a Federal land or water
management agency.</DELETED>
<DELETED> (2) Federal land or water management agency.--The
term ``Federal land or water management agency'' means--
</DELETED>
<DELETED> (A) the Bureau of Reclamation;</DELETED>
<DELETED> (B) the National Park Service;</DELETED>
<DELETED> (C) the Bureau of Land
Management;</DELETED>
<DELETED> (D) the United States Fish and Wildlife
Service; and</DELETED>
<DELETED> (E) the Forest Service.</DELETED>
<DELETED> (3) Federal waterway.--The term ``Federal
waterway'' means any portion of a body of water managed
partially or wholly by 1 or more of the relevant
Secretaries.</DELETED>
<DELETED> (4) Federal waterway restriction.--The term
``Federal waterway restriction'' means a restriction on the
access or use of a Federal waterway applied under applicable
law by 1 or more of the Secretaries.</DELETED>
<DELETED> (5) Secretaries.--The term ``Secretaries'' means--
</DELETED>
<DELETED> (A) the Secretary of Agriculture, acting
through the Chief of the Forest Service; and</DELETED>
<DELETED> (B) the Secretary of the
Interior.</DELETED>
<DELETED>SEC. 3. INTERAGENCY DATA STANDARDIZATION.</DELETED>
<DELETED> Not later than 30 months after the date of enactment of
this Act, the Secretaries shall jointly develop and adopt interagency
standards to ensure compatibility and interoperability among applicable
Federal databases with respect to the collection and dissemination of
geospatial data relating to public outdoor recreational use of Federal
waterways and Federal fishing restrictions.</DELETED>
<DELETED>SEC. 4. DATA CONSOLIDATION AND PUBLICATION.</DELETED>
<DELETED> (a) Federal Waterway Restrictions.--Not later than 4 years
after the date of enactment of this Act, each of the Secretaries, to
the maximum extent practicable, shall digitize and make publicly
available online, as applicable, geographic information system data
that includes, with respect to Federal waterway restrictions--
</DELETED>
<DELETED> (1) status information with respect to the
conditions under which Federal waterways are open or closed to
entry or watercraft, including watercraft inspection or
decontamination requirements;</DELETED>
<DELETED> (2) the dates on which Federal waterways are
seasonally closed to entry or watercraft;</DELETED>
<DELETED> (3) the areas of Federal waterways with
restrictions on motorized propulsion, horsepower, or gasoline
fuel;</DELETED>
<DELETED> (4) the areas of Federal waterways with anchoring
restrictions, no wake zones, or vessel speed
restrictions;</DELETED>
<DELETED> (5) Federal waterway restrictions on the direction
of travel, including upstream or downstream travel;
and</DELETED>
<DELETED> (6) the types of watercraft that are restricted on
each area of a Federal waterway, including the permissibility
of--</DELETED>
<DELETED> (A) canoes;</DELETED>
<DELETED> (B) rafts and driftboats;</DELETED>
<DELETED> (C) motorboats;</DELETED>
<DELETED> (D) personal watercraft;</DELETED>
<DELETED> (E) airboats;</DELETED>
<DELETED> (F) amphibious aircraft;</DELETED>
<DELETED> (G) hovercraft; and</DELETED>
<DELETED> (H) oversnow vehicles and other motorized
vehicles on frozen bodies of water.</DELETED>
<DELETED> (b) Federal Waterway Access and Navigation Information.--
Not later than 4 years after the date of enactment of this Act, each of
the Secretaries, to the maximum extent practicable, shall digitize and
make publicly available online, as applicable, geographic information
system data that includes, with respect to Federal waterway access and
navigation information--</DELETED>
<DELETED> (1)(A) the location of boat ramps, portages, and
fishing access sites under the authority of the Federal land or
water management agency; and</DELETED>
<DELETED> (B) the identification of the dates on which the
facilities and sites identified under subparagraph (A) are open
or closed, as applicable; and</DELETED>
<DELETED> (2) bathymetric information and depth
charts.</DELETED>
<DELETED> (c) Federal Fishing Restrictions.--Not later than 4 years
after the date of enactment of this Act, each of the Secretaries, to
the maximum extent practicable, shall digitize and make publicly
available online geographic information system data that describes,
with respect to Federal fishing restrictions--</DELETED>
<DELETED> (1) the location and geographic boundaries of
Federal fishing restrictions on recreational and commercial
fishing, including--</DELETED>
<DELETED> (A) full or partial closures;</DELETED>
<DELETED> (B) no-take zones; and</DELETED>
<DELETED> (C) Federal fishing restrictions within or
surrounding marine protected areas;</DELETED>
<DELETED> (2) Federal fishing restrictions on the use of
specific types of equipment or bait, such as restrictions on
the use of barbed hooks or live bait; and</DELETED>
<DELETED> (3) Federal requirements with respect to catch and
release.</DELETED>
<DELETED> (d) Public Comment.--The Secretaries shall develop a
process to allow members of the public to submit questions or comments
regarding the information described in subsections (a) and
(b).</DELETED>
<DELETED> (e) Updates.--The Secretaries, to the maximum extent
practicable, shall update--</DELETED>
<DELETED> (1) the data described in subsections (a) and (b)
not less frequently than 2 times per year; and</DELETED>
<DELETED> (2) the data described in subsection (c) in real
time as changes go into effect.</DELETED>
<DELETED> (f) Exclusion.--This section shall not apply to irrigation
canals and flowage easements.</DELETED>
<DELETED> (g) Disclosure.--Any geographic information system data
made publicly available under this section shall not disclose
information regarding the nature, location, character, or ownership of
historic, paleontological, or archaeological resources, consistent with
applicable law.</DELETED>
<DELETED>SEC. 5. COOPERATION AND COORDINATION.</DELETED>
<DELETED> (a) Community Partners and Third-Party Providers.--For
purposes of carrying out this Act, the Secretaries may--</DELETED>
<DELETED> (1) coordinate and partner with non-Federal
agencies and private sector and nonprofit partners, including--
</DELETED>
<DELETED> (A) State natural resource
agencies;</DELETED>
<DELETED> (B) technology companies;</DELETED>
<DELETED> (C) geospatial data companies;
and</DELETED>
<DELETED> (D) experts in data science, analytics,
and operations research; and</DELETED>
<DELETED> (2) enter into an agreement with a third party to
carry out any provision of this Act.</DELETED>
<DELETED> (b) United States Geological Survey.--The Secretaries may
work with the Director of the United States Geological Survey to
collect, aggregate, digitize, standardize, and publish data on behalf
of the Secretaries to meet the requirements of this Act.</DELETED>
<DELETED> (c) Requirement.--With respect to data developed and
distributed under this Act, the Secretaries shall include a notice that
any geospatial data are subject to applicable Federal, State, and
Tribal regulations.</DELETED>
<DELETED>SEC. 6. REPORTS.</DELETED>
<DELETED> Not later than 1 year after the date of enactment of this
Act and annually thereafter through March 30, 2033, the Secretaries
shall submit a report that describes the progress made by the
Secretaries with respect to meeting the requirements of this Act to--
</DELETED>
<DELETED> (1) the Committee on Energy and Natural Resources
of the Senate;</DELETED>
<DELETED> (2) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;</DELETED>
<DELETED> (3) the Committee on Natural Resources of the
House of Representatives;</DELETED>
<DELETED> (4) the Committee on Energy and Commerce of the
House of Representatives; and</DELETED>
<DELETED> (5) the Committee on Agriculture of the House of
Representatives.</DELETED>
<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated--</DELETED>
<DELETED> (1) to the Secretary of the Interior to carry out
this Act--</DELETED>
<DELETED> (A) $3,000,000 for fiscal year 2024;
and</DELETED>
<DELETED> (B) $6,000,000 for each of fiscal years
2025 through 2027; and</DELETED>
<DELETED> (2) to the Secretary of Agriculture to carry out
this Act--</DELETED>
<DELETED> (A) $2,000,000 for fiscal year 2024;
and</DELETED>
<DELETED> (B) $4,000,000 for each of fiscal years
2025 through 2027.</DELETED>
<DELETED>SEC. 8. EFFECT.</DELETED>
<DELETED> Nothing in this Act--</DELETED>
<DELETED> (1) modifies or alters the definition of the term
``navigable waters'' under Federal law;</DELETED>
<DELETED> (2) affects the jurisdiction or authority of State
or Federal agencies to regulate navigable waters; or</DELETED>
<DELETED> (3) modifies or alters the authority or
jurisdiction of Federal or State agencies to manage
fisheries.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing Access to Our Public
Waters Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal fishing restriction.--The term ``Federal
fishing restriction'' means a defined area in which all or
certain fishing activities are temporarily or permanently
prohibited or restricted by a Federal land or water management
agency.
(2) Federal land or water management agency.--The term
``Federal land or water management agency'' means--
(A) the Bureau of Reclamation;
(B) the National Park Service;
(C) the Bureau of Land Management;
(D) the United States Fish and Wildlife Service;
and
(E) the Forest Service.
(3) Federal waterway.--The term ``Federal waterway'' means
waters managed by a Federal land or water management agency.
(4) Federal waterway restriction.--The term ``Federal
waterway restriction'' means a restriction on the access or use
of a Federal waterway applied under applicable law by 1 or more
of the Secretaries.
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service; and
(B) the Secretary of the Interior.
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service, with respect to
Federal waterways under the jurisdiction of the
Secretary of Agriculture; or
(B) the Secretary of the Interior, with respect to
Federal waterways under the jurisdiction of the
Secretary of the Interior.
SEC. 3. INTERAGENCY DATA STANDARDIZATION.
Not later than 30 months after the date of enactment of this Act,
the Secretaries, in consultation with the Federal Geographic Data
Committee, shall jointly develop and adopt interagency standards to
ensure compatibility and interoperability among applicable Federal
databases with respect to the collection and dissemination of
geospatial data relating to public outdoor recreational use of Federal
waterways and Federal fishing restrictions.
SEC. 4. DATA CONSOLIDATION AND PUBLICATION.
(a) Federal Waterway Restrictions.--Not later than 5 years after
the date of enactment of this Act, the Secretary concerned, to the
maximum extent practicable, shall digitize and make publicly available
online, as applicable, geographic information system data that
includes, with respect to Federal waterway restrictions--
(1) status information with respect to the conditions under
which Federal waterways are open or closed to entry or
watercraft, including watercraft inspection or decontamination
requirements;
(2) the dates on which Federal waterways are seasonally
closed to entry or watercraft;
(3) the areas of Federal waterways with restrictions on
motorized propulsion, horsepower, or gasoline fuel;
(4) the areas of Federal waterways with anchoring
restrictions, no wake zones, or vessel speed restrictions;
(5) Federal waterway restrictions on the direction of
travel, including upstream or downstream travel; and
(6) the uses, including by watercraft, that are restricted
on each area of a Federal waterway, including the
permissibility of--
(A) canoes and other paddlecraft;
(B) rafts and driftboats;
(C) motorboats;
(D) personal watercraft;
(E) airboats;
(F) amphibious aircraft;
(G) hovercraft;
(H) oversnow vehicles and other motorized vehicles
on frozen bodies of water;
(I) swimming; and
(J) other applicable recreational activities, as
determined to be appropriate by the Secretary
concerned.
(b) Federal Waterway Access and Navigation Information.--Not later
than 5 years after the date of enactment of this Act, the Secretary
concerned, to the maximum extent practicable, shall digitize and make
publicly available online, as applicable, geographic information system
data that includes, with respect to Federal waterway access and
navigation information--
(1)(A) the location of boat ramps, portages, and designated
fishing access sites under the authority of the Secretary
concerned; and
(B) the identification of the dates on which the facilities
and sites identified under subparagraph (A) are open or closed,
as applicable; and
(2) available bathymetric information and depth charts.
(c) Federal Fishing Restrictions.--Not later than 5 years after the
date of enactment of this Act, the Secretary concerned, to the maximum
extent practicable, shall digitize and make publicly available online
geographic information system data that describes, with respect to
Federal fishing restrictions--
(1) the location and geographic boundaries of Federal
fishing restrictions on recreational and commercial fishing,
including--
(A) full or partial closures;
(B) no-take zones; and
(C) Federal fishing restrictions within or
surrounding marine protected areas;
(2) Federal fishing restrictions on the use of specific
types of equipment or bait, such as restrictions on the use of
barbed hooks or live bait; and
(3) Federal requirements with respect to catch and release.
(d) Public Comment.--The Secretaries shall develop a process to
allow members of the public to submit questions or comments regarding
the information described in subsections (a) and (b).
(e) Updates.--The Secretary concerned, to the maximum extent
practicable, shall update--
(1) the data described in subsections (a) and (b) not less
frequently than annually; and
(2) the data described in subsection (c) in real time as
changes go into effect.
(f) Exclusion.--This section shall not apply to irrigation canals
and flowage easements.
(g) Disclosure.--Any geographic information system data made
publicly available under this section shall not disclose information
regarding the nature, location, character, or ownership of historic,
paleontological, or archaeological resources, consistent with
applicable law.
SEC. 5. COOPERATION AND COORDINATION.
(a) Community Partners and Third-Party Providers.--For purposes of
carrying out this Act, the Secretary concerned may--
(1) coordinate and partner with non-Federal agencies and
private sector and nonprofit partners, including--
(A) State natural resource agencies;
(B) technology companies;
(C) geospatial data companies; and
(D) experts in data science, analytics, and
operations research; and
(2) enter into an agreement with a third party to carry out
any provision of this Act.
(b) United States Geological Survey.--The Secretaries shall work
with the Director of the United States Geological Survey to collect,
aggregate, digitize, standardize, and publish data on behalf of the
Secretaries to meet the requirements of this Act.
(c) Requirement.--With respect to data developed and distributed
under this Act, the Secretaries shall--
(1) develop the data in accordance with applicable Federal,
State, and Tribal laws (including regulations); and
(2) include a notice that any geospatial data are subject
to applicable Federal, State, and Tribal laws (including
regulations).
(d) Existing Efforts.--To the extent practicable, the Secretary
concerned shall use or incorporate existing applicable data, maps, and
resources in carrying out this Act, including data, maps, and resources
developed and published under--
(1) the Modernizing Access to Our Public Land Act (16
U.S.C. 6851 et seq.);
(2) section 103 of division DD of the Consolidated
Appropriations Act, 2023 (43 U.S.C. 776); or
(3) other applicable law.
SEC. 6. REPORTS.
Not later than 1 year after the date of enactment of this Act and
annually thereafter through March 30, 2033, the Secretaries shall
submit a report that describes the progress made by the Secretaries
with respect to meeting the requirements of this Act to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives;
(4) the Committee on Energy and Commerce of the House of
Representatives; and
(5) the Committee on Agriculture of the House of
Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Secretary of the Interior to carry out this
Act--
(A) $3,000,000 for fiscal year 2025; and
(B) $6,000,000 for each of fiscal years 2026
through 2029; and
(2) to the Secretary of Agriculture to carry out this Act--
(A) $2,000,000 for fiscal year 2025; and
(B) $4,000,000 for each of fiscal years 2026
through 2029.
SEC. 8. EFFECT.
Nothing in this Act--
(1) modifies or alters the definition of the term
``navigable waters'' under Federal law;
(2) affects the jurisdiction or authority of State or
Federal agencies to regulate navigable waters;
(3) modifies or alters the authority or jurisdiction of
Federal or State agencies to manage fisheries; or
(4) expands or restricts access to Federal waterways.
Calendar No. 595
118th CONGRESS
2d Session
S. 3123
_______________________________________________________________________
A BILL
To provide for the standardization, consolidation, and publication of
data relating to public outdoor recreational use of Federal waterways
among Federal land and water management agencies, and for other
purposes.
_______________________________________________________________________
November 21, 2024
Reported with an amendment