Text: S.3205 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in Senate (07/13/2016)

 
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3205 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 3205

   To allow local Federal officials to determine the manner in which 
 nonmotorized uses may be permitted in wilderness areas, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2016

  Mr. Lee (for himself and Mr. Hatch) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To allow local Federal officials to determine the manner in which 
 nonmotorized uses may be permitted in wilderness areas, 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.

    This Act may be cited as the ``Human-Powered Travel in Wilderness 
Areas Act''.

SEC. 2. RETURNING HUMAN-POWERED TRAVEL TO WILDERNESS AREAS.

    (a) Definitions.--In this section:
            (1) Local official.--The term ``local official'' means the 
        officer or employee who is the head of a unit or jurisdiction 
        of, as applicable--
                    (A) the Bureau of Land Management;
                    (B) the National Park Service;
                    (C) the Forest Service; or
                    (D) the United States Fish and Wildlife Service.
            (2) Nonmotorized.--The term ``nonmotorized'', with respect 
        to a method of transportation, means that the method does not 
        use a propulsive internal or external motor with a nonliving 
        power source.
            (3) Permitted route.--The term ``permitted route'' means 
        any new or existing path, trail, paved or unpaved road, snow, 
        or ice located within a wilderness area on which one or more 
        forms of nonmotorized recreational use is permitted under 
        applicable law (including regulations) on the date on which a 
        local official makes a determination under subsection (b) or 
        the date that is 2 years after the date of enactment of this 
        Act, as applicable in accordance with subsection (b).
            (4) 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 
                public land.
            (5) Wilderness area.--The term ``wilderness area'' means a 
        component of the National Wilderness Preservation System.
    (b) Permissible Forms of Recreational Use on Permitted Routes.--
            (1) In general.--Notwithstanding any other provision of law 
        and except as otherwise provided in this section, the Secretary 
        concerned shall authorize relevant local officials to 
        determine, not later than 2 years after the date of enactment 
        of this Act, all permissible forms of recreational use by 
        nonmotorized transportation methods over any permitted route 
        within the jurisdiction of the local official.
            (2) Failure to determine.--
                    (A) In general.--If a local official fails to make 
                the determination described in paragraph (1) with 
                respect to a permitted route within the jurisdiction of 
                the local official by the date that is 2 years after 
                the date of enactment of this Act, any form of 
                recreational use by nonmotorized transportation methods 
                shall be allowable on the permitted route.
                    (B) Effect of paragraph.--Nothing in this paragraph 
                limits the authority of a local official to make a 
                determination described in paragraph (1) relating to a 
                permitted route described in subparagraph (A) after the 
                date that is 2 years after the date of enactment of 
                this Act, in accordance with this section.
            (3) Requirement.--In making a determination pursuant to 
        this section, a local official shall seek to accommodate all 
        forms of nonmotorized transportation, to the maximum extent 
        practicable.
    (c) Authority.--In making a determination pursuant to this section, 
a local official may carry out such activities and promulgate such 
regulations as the local official determines to be appropriate to 
reduce, eliminate, or prevent environmental impacts or undue conflicts 
among members of nonmotorized transportation user groups, including--
            (1) restricting, by permit or other means, the number of 
        individuals allowed on a permitted route or in a wilderness 
        area;
            (2) instructing users to stay on permitted routes;
            (3) limiting party size;
            (4) educating users regarding best practices;
            (5) using volunteer or paid patrollers;
            (6) establishing speed limits;
            (7) adding features to discourage improper uses of 
        permitted routes;
            (8) designating the direction of travel on a permitted 
        route; and
            (9) separating uses of permitted routes--
                    (A) by day or time of day; or
                    (B) seasonally.
    (d) Effect of Section.--Nothing in this section requires the 
Secretary concerned or any local official--
            (1)(A) to open a permitted route or wilderness area to a 
        public recreational use; or
            (B) to maintain a permitted route or wilderness area for 
        such a use; or
            (2) to allow any nonmotorized transport on any portion of 
        the Appalachian National Scenic Trail that is administered 
        entirely as a footpath pursuant to section 5(a)(1) of the 
        National Trails System Act (16 U.S.C. 1244(a)(1)).

SEC. 3. WILDERNESS MAINTENANCE.

    (a) Prohibition of Certain Uses in Wilderness Areas.--Section 4(c) 
of the Wilderness Act (16 U.S.C. 1133(c)) is amended--
            (1) by striking the subsection heading and all that follows 
        through ``(c) Except as'' and inserting the following:
    ``(c) Prohibition of Certain Uses.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Local official.--The term `local official' 
                means the officer or employee who is the head of a unit 
                or jurisdiction of, as applicable--
                            ``(i) the Bureau of Land Management;
                            ``(ii) the National Park Service;
                            ``(iii) the Forest Service; or
                            ``(iv) the United States Fish and Wildlife 
                        Service.
                    ``(B) Mechanical transport.--
                            ``(i) In general.--The term `mechanical 
                        transport' means any method of transportation 
                        that--
                                    ``(I) travels over ground, snow, or 
                                ice; and
                                    ``(II) possesses, or is propelled 
                                by, a nonliving power source.
                            ``(ii) Exclusion.--The term `mechanical 
                        transport' does not include any form of human-
                        powered travel, regardless of whether the 
                        travel is mechanically assisted, in which the 
                        sole propulsive power source is one or more 
                        persons.
                    ``(C) Motorized equipment.--
                            ``(i) In general.--The term `motorized 
                        equipment' means any equipment that is--
                                    ``(I) activated by a nonliving 
                                power source; and
                                    ``(II) carried by an individual, 
                                other than a Federal officer or 
                                employee (or a designee).
                            ``(ii) Exclusion.--The term `motorized 
                        equipment' does not include any device that 
                        is--
                                    ``(I) small;
                                    ``(II) battery-powered; and
                                    ``(III) carried by hand.
            ``(2) Prohibitions.--Except as''; and
            (2) by adding at the end the following:
            ``(3) Effect of subsection.--
                    ``(A) In general.--Subject to subparagraph (B), 
                nothing in this subsection requires the Secretary of 
                Agriculture, the Secretary of the Interior, or any 
                local official--
                            ``(i) to alter any wilderness area; or
                            ``(ii) to allow in a wilderness area any 
                        use that is likely to change the wilderness 
                        character of the area.
                    ``(B) Presumption.--A form of human-powered travel, 
                regardless of whether the travel is mechanically 
                assisted, in which the sole propulsive power source is 
                one or more persons shall be rebuttably presumed to be 
                in accordance with the preservation and maintenance of 
                the wilderness character of a wilderness area.''.
    (b) Maintenance.--Section 4 of the Wilderness Act (16 U.S.C. 1133) 
is amended by adding at the end the following:
    ``(e) Maintenance.--Notwithstanding any other provision of law, any 
officer or employee of the Federal Government may use any small-scale 
motorized equipment or method of mechanical transport (such as a 
chainsaw and wheelbarrow) to construct, improve, or maintain a trail or 
to maintain the surroundings, in accordance with the purposes of this 
Act and the preservation of the wilderness character of a wilderness 
area.''.
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