H.R.3400 - Recreation Not Red Tape Act115th Congress (2017-2018)
Bill
Hide OverviewSponsor: | Rep. Bishop, Rob [R-UT-1] (Introduced 07/26/2017) |
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Committees: | House - Natural Resources; Agriculture; Transportation and Infrastructure; Energy and Commerce; Armed Services |
Committee Reports: | H. Rept. 115-1063 |
Latest Action: | House - 12/28/2018 Placed on the Union Calendar, Calendar No. 864. (All Actions) |
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Text: H.R.3400 — 115th Congress (2017-2018)All Information (Except Text)
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Reported in House (12/28/2018)
Union Calendar No. 864
115th CONGRESS 2d Session |
[Report No. 115–1063, Part I]
To promote innovative approaches to outdoor recreation on Federal land and to open up opportunities for collaboration with non-Federal partners, and for other purposes.
Mr. Bishop of Utah introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Transportation and Infrastructure, Energy and Commerce, and Armed Services, 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
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
Committees on Agriculture and Armed Services discharged
Referral to the Committees on Transportation and Infrastructure and Energy and Commerce extended for a period ending not later than December 28, 2018
Additional sponsors: Mr. Polis, Mr. Simpson, Mr. Beyer, Mrs. Love, Mr. Ross, Ms. Velázquez, Mrs. Walorski, Mr. Curtis, Mr. Coffman, Mrs. Brooks of Indiana, Mr. King of Iowa, Ms. Sinema, and Ms. Norton
Committees on Transportation and Infrastructure and Energy and Commerce 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 July 26, 2017]
To promote innovative approaches to outdoor recreation on Federal land and to open up opportunities for collaboration with non-Federal partners, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, (b) Table of contents.—The table of contents of this Act is as follows: 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 WATER.—The term “Federal recreational lands and water” has the meaning given the term “Federal recreational lands and waters” in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801). It is the sense of Congress that— (1) outdoor recreation and the outdoor industry that outdoor recreation supports are vital to the United States; (2) access to outdoor recreation on land and waters of the United States is important to the health and wellness of all people of the United States, especially young people; (3) in addition to the overall economic benefit of outdoor recreation, the economic benefits of outdoor recreation on Federal lands create significant economic and employment benefits to rural economies; (4) Congress supports the creation of outdoor recreation sector leadership positions within the economic development offices of States or in the office of the Governor, as well as coordination with recreation and tourism organizations within the State to guide the growth of this sector, as evidenced by recent examples in the States of Colorado, Utah, and Washington; (5) State and local recreation and tourism offices play a pivotal role in— (A) coordinating State outdoor recreation policies, management, and promotion among Federal, State, and local agencies and entities; (6) Congress supports the coordination and collaboration of the Federal and State land and water management agencies in the delivery of visitor services and management of outdoor recreation for the United States; and In this title the term “Secretary” means— Subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended to read as follows: “(h) Special recreation permit and fee.— “(2) SPECIAL RECREATION PERMITS.—The Secretary may issue special recreation permits in the following circumstances: “(A) For specialized individual and group use of Federal facilities and Federal recreational lands and waters, such as, but not limited to, use of special areas or areas where use is allocated, motorized recreational vehicle use, and group activities or events. “(3) REDUCTION IN FEDERAL COSTS.— “(A) IN GENERAL.—To reduce Federal costs in administering this subsection, if the Secretary determines that the activity to be authorized by a special recreation permit under paragraph (2) is the same as or similar to an activity analyzed in a previous environmental impact statement or environmental assessment, then, to the extent environmental analysis is necessary, the Secretary shall adopt or incorporate material from the previous analysis to the maximum extent allowable under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). “(4) RELATION TO FEES FOR USE OF HIGHWAYS OR ROADS.—An entity that pays a special recreation permit fee shall not be subject to a road cost-sharing fee or a fee for the use of highways or roads that are open to private, noncommercial use within the boundaries of any Federal recreational lands or waters, as authorized under section 6 of Public Law 88–657 (16 U.S.C. 537).”. (a) In general.—In the case of an activity requiring permits pursuant to subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) for use of lands managed by both the Forest Service and the Bureau of Land Management— (1) the Secretaries may issue a joint permit based upon a single application to both agencies when issuance of a joint permit based upon a single application will lower processing and other administration costs for the permittee, provided that the permit applicant shall have the option to apply for separate permits rather than a joint permit; and (b) Requirements of the lead agency.—The lead agency for a permit under subsection (a) shall— (1) coordinate with the associated agencies, consistent with the authority of the Secretaries under section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), to develop and issue the single, joint permit that covers the entirety of the trip; (c) Effect on regulations.—Nothing in this section shall alter, expand, or limit the applicability of any Federal law (including regulations) to lands administered by the relevant Secretaries. (a) Guidelines and exclusion of certain revenues.—The Secretary shall— (2) provide appropriate deductions from gross revenues used as the basis for the fees established under paragraph (1) for— (b) Fee conditions.—The fee charged by the Secretary for a permit issued under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) shall not exceed 3 percent of the recreational service provider’s annual gross revenue for activities authorized by the permit on Federal lands, plus applicable revenue additions, minus applicable revenue exclusions or a similar flat per person fee. (c) Disclosure of fees.—A holder of a special recreation permit may inform its customers of the various fees charged by the Secretary under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)). (a) Deposits.—Subject to subsection (b), revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(2) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall be held in special accounts established for each specific unit or area for which such revenues are collected, and shall remain available for expenditure, without further appropriation, until expended. (b) Use of permit fees.—Revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(2) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall be used only— (3) for related recreation infrastructure and other recreation purposes specifically to support recreation activities at the specific site or unit where use is authorized under the permit, after obtaining input from any related permittees; provided, however, that the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to any advisory committee or other group established to carry out this paragraph. (c) Limitation on use of fees.—The Secretary may not use any permit fees for biological monitoring on Federal recreational lands and waters under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for listed or candidate species. (a) In general.—To the extent that the Secretary utilizes permit use reviews, in reviewing and adjusting allocations of use for permits for special uses of Federal recreational lands and waters managed by the Forest Service, and in renewing such permits, the Secretary of Agriculture shall allocate to a permit holder a level of use that is no less than the highest amount of actual annual use over the reviewed period plus 25 percent, capped at the amount of use allocated when the permit was issued. If additional capacity is available, the Secretary may at any time, assign such remaining use to qualified service providers, including to any qualified permit holder whose allocation would otherwise be capped at the amount of use allocated when the permit was issued. (b) Waiver.—Use reviews under subsection (a) may be waived for periods in which circumstances that prevented use of assigned capacity, such as weather, fire, natural disasters, wildlife displacement, business interruptions, insufficient availability of hunting and fishing licenses, or when allocations on permits include significant shoulder seasons. The Secretary may approve non-use without reducing the number of service days assigned to the permit in such circumstances at the request of the permit holder. Approved non-use may be temporarily assigned to other qualified permit holders when conditions warrant. Not later than 180 days after the date of the enactment of this Act, the Secretaries shall each establish and implement a program to authorize temporary permits for new recreational uses of Federal recreational lands and waters managed by the Forest Service or the Bureau of Land Management, respectively, and to provide for the conversions of such temporary permits to long-term permits after 2 years of satisfactory operation where appropriate. The issuance and conversion of such permits shall be subject to subsection (h)(3) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802). (a) Indemnification.—A permit holder that is prohibited by a State from providing indemnification to the Federal Government shall be considered to be in compliance with indemnification requirements of the Department of the Interior and the Department of Agriculture if the permit holder carries the required minimum amount of liability insurance coverage or is self-insured for the same minimum amount. (a) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall revise part 251, subpart B, of title 36 Code of Federal Regulations, and the Secretary of the Interior shall revise subpart 2932, of title 43, Code of Federal Regulations, to streamline the processes for the issuance and renewal of outfitter and guide special use permits. Such amended regulations shall— (2) provide for the use of programmatic environmental assessments and categorical exclusions for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the issuance or renewal of outfitter and guide and similar recreation special use permits, to the maximum extent allowable under applicable law, including, but not limited to, the adoption or incorporation of previously completed analyses under paragraph (3)(A) of subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) for activities that are substantially the same as an activity analyzed in previous environmental impact statement or environmental assessment conducted under similar circumstances. (a) Regulatory process.—Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall revise section 251.58 of title 36, Code of Federal Regulations, and the Secretary of the Interior shall revise section 2932.31(e) and (f) of title 43, Code of Federal Regulations, to reduce costs and minimize the burden of cost recovery on small businesses and adverse impacts of cost recovery on jobs in the outfitting and guiding industry and on rural economies provided, however, that nothing in the revised regulations shall further limit the Secretary’s authority to issue or renew recreation special use permits. (b) De minimis exemption.— (1) COST RECOVERY LIMITATION.—Any regulations issued by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover processing costs for recreation special use applications and monitoring costs for recreation special use authorizations shall include an exemption providing that at least the first 50 hours of work necessary in any one year to process or monitor such an application shall not be subject to cost recovery. The application of a 50-hour credit per permit shall also apply to any monitoring fees on a per annum basis during the term of each permit. (2) APPLICATION OF EXEMPTION.—An exemption under paragraph (1) shall apply to the processing of each recreation special use permit application and monitoring of each recreation special use authorization for which cost recovery is required, including any application or authorization requiring more than 50 hours (or such other greater number of hours specified for exemption) to process or monitor. In the event that the amount of work required to process such an application or monitor such an authorization exceeds the specified exemption, the amount of work for which cost recovery is required shall be reduced by the amount of the exemption. (3) MULTIPLE APPLICATIONS.—In situations involving multiple recreation special use applications for similar services in the same unit or area that require more than 50 hours (or such other greater number of hours specified for exemption) in the aggregate to process, the Secretary shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest— (4) COST REDUCTION.—The agency processing a recreation special use application shall utilize existing studies and analysis to the greatest extent practicable to reduce the amount of work and cost necessary to process the application. (5) LIMITATION.—The Secretary of the Interior and the Secretary of Agriculture may not recover as processing costs for recreation special use applications and monitoring costs for recreation special use authorizations any costs for consultations conducted under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) or for biological monitoring on Federal recreational lands and waters under such Act for listed, proposed, or candidate species. (6) WAIVER OF COST RECOVERY.—The Secretary of the Interior and the Secretary of Agriculture may waive the recovery of costs for processing recreation special use permit applications and renewals, on a categorical or case-by-case basis as appropriate, if the Secretary determines that— (A) such costs would impose a significant economic burden on any small business or category of small businesses; Where the holder of a special use permit for outfitting and guiding that authorizes priority use has submitted a request for renewal of such permit in accordance with applicable laws and regulations, the Secretary of Agriculture shall have the authority to grant the holder one or more extensions of the existing permit for additional terms not to exceed 5 years in the aggregate, as necessary to allow the Secretary of Agriculture to complete the renewal process and to avoid the interruption of services under such permit. Before granting an extension under this section, the Secretary of Agriculture shall take all reasonable and appropriate steps to complete the renewal process before the expiration of the special use permit. (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 and State recreation passes. “(a) Establishment of program.— “(1) IN GENERAL.—To improve the procurement of Federal and State outdoor recreation passes, the Secretaries are encouraged to consult with States to coordinate the availability of Federal and State recreation passes in a way that allows a purchaser to buy a Federal recreation pass and a State recreation pass at Federal and State facilities in the same transaction. “(b) Agreements with States.— “(1) IN GENERAL.—The Secretaries, after consultation with the States, may enter into agreements with States to coordinate the availability of passes as described in subsection (a)(1). (b) Conforming amendment.—Section 805(a)(9) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(a)(9)) is amended by inserting “and section 805A” before the period at the end. (c) Clerical amendment.—The table of contents for the Federal Lands Recreation Enchancement Act (16 U.S.C. 6801, et seq.) is amended by inserting after the item relating to section 805 the following: (a) In general.—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: (b) Entrance pass and amenity fees.—The Secretaries shall make available for purchase or payment online, if appropriate and feasible, for each unit where passes and fees are required— (1) all entrance fees under section 803(e) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(e)); (2) all standard amenity recreation fees under section 803(f) of that Act (16 U.S.C. 6802(f)); and (3) all expanded amenity recreation fees under section 803(g) of that Act (16 U.S.C. 6802(g)). (a) In general.—The Secretaries are encouraged to work with the Secretary of Defense and the Secretary of Veterans Affairs on ways to ensure servicemembers and veterans have access to outdoor recreation and to outdoor-related volunteer and wellness programs as a part of the basic services provided to servicemembers and veterans. (b) Inclusion of information.—Each branch of the Armed Forces is encouraged to include information regarding outdoor recreation and outdoors-based careers in the materials and counseling services focused on resilience and career readiness provided in transition programs, including— (c) Outdoor recreation program attendance.—Each branch of the Armed Forces is encouraged to permit members of the Armed Forces on active duty status, at the discretion of the commander of the member, to use not more than 7 days of a permissive temporary duty assignment or terminal leave allotted to the member to participate in a program related to environmental stewardship or guided outdoor recreation following deployment. (a) In general.— (1) EXTENSION OF RECREATIONAL SEASON.—The relevant unit managers of land managed by the Forest Service, the Bureau of Land Management, and the National Park Service may— (A) identify areas of Federal recreational land and water in which recreation use is highly seasonal; (a) In general.—The Chief of the Forest Service and the Director of the Bureau of Land Management shall evaluate land managers under their jurisdiction based on the achievement of applicable agency recreational and tourism goals as described in applicable land management plans. (b) Metrics.— (a) Declaration of policy.—It is the policy of the United States that— (1) certain natural landscapes possess remarkable recreational values and should be managed for— (2) the remarkable recreational values described in paragraph (1) may include— (A) areas with unique ecological, geological, hydrological, scenic, cultural, recreational, or historic features or attributes that support high-quality outdoor recreation opportunities and experiences; (C) areas that play, or have the potential to play, a role in addressing high or unmet demand for recreational opportunities; (b) Definitions.—In this section: (1) NATURAL FEATURE.—The term “natural feature” means an ecological, geological, hydrological, scenic, cultural, recreational, or historic feature or attribute of a specific area. (2) SECRETARY.—The term “Secretary” means— (d) Administration.— (1) IN GENERAL.—Subject to valid existing rights, the Secretary shall manage each System unit in a manner that: (A) prioritizes the sustainable enjoyment and enhancement of the remarkable recreational values and uses of the System unit (including natural features that support the recreation experiences) consistent with subsection (a); and (B) protects the unit for a variety of recreational uses in locations where those uses are appropriate and are conducted in accordance with the applicable land management plan. These uses may include outfitting and guiding and motorized recreation in locations where these activities are consistent with the applicable land management plan and are conducted in accordance with all applicable Federal and State laws and regulations. (2) GRAZING.—Livestock grazing within System units, where established before the date of the enactment of this Act, shall be permitted if it complies with all applicable laws and regulations. (3) STATE, TRIBAL, AND LOCAL INVOLVEMENT.—The Secretary shall collaborate with States, political subdivisions of States, affected Indian tribes, adjacent landowners, and the public in the planning and administration of System units. (4) FISH AND WILDLIFE.— (e) Components of national recreation area system.— (1) MAP; LEGAL DESCRIPTION.— (A) IN GENERAL.—For System units established on or after the date of enactment of this Act, as soon as practicable after the date of designation of a System unit, the Secretary shall prepare a map and legal description of the System unit. (2) COMPREHENSIVE MANAGEMENT PLAN.— (A) IN GENERAL.—For System units designated by Congress after the date of enactment of this Act the Secretary with jurisdiction over the System unit shall prepare a comprehensive management plan for the unit that fulfills the requirements of subsection (d)(1) and subparagraph (C) of this paragraph. (B) TIMING.— (C) REQUIREMENTS.—A comprehensive management plan prepared under subparagraph (A) shall— (i) identify the existing, and to the extent practicable, prospective remarkable recreational values and uses of the System unit; (ii) ensure the System unit is managed to protect and enhance the purposes for which the System unit was established; (iii) ensure the System unit is managed to protect and enhance the resources that make the area suitable for designation under subsection (c)(2) in accordance with subsection (a); (iv) describe the circumstances and locations in which the activities described in subsection (d)(1)(B) and (d)(2) are permitted on the System unit. (vi) be prepared— (I) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), and other applicable laws and regulations; and (D) REVIEW.—A comprehensive management plan described in subparagraph (A) shall be regularly reviewed and updated as part of the regular land management planning process of the applicable agency. (E) MANAGEMENT BY SECRETARY.—The Secretary shall manage each National Recreation Area in accordance with the management plan for the National Recreation Area in effect at the time of the designation, until the plan is revised or superseded by a new comprehensive management plan issued in accordance with this subsection. If components of the existing plan conflict with the terms of the designation, the Secretary shall revise the plan within two years to make the plan consistent with the designation. (f) Potential additions to national recreation area system.— (1) ELIGIBLE AREA.—An area eligible for inclusion in the System is an area that possesses one or more of the remarkable recreational values described in subsection (a)(2). (2) POTENTIAL ADDITIONS.—In carrying out the land management planning process, the Secretary shall— (A) identify eligible areas that possess remarkable recreational values described in subsection (a)(2); (3) NO EFFECT ON MANAGEMENT.—The Secretary’s actions under paragraph (2) shall not interfere with the current management of the eligible areas, nor shall the fact that such eligible areas may be added to the System be used as justification for more restrictive management, unless and until Congress acts to designate the eligible area. (g) Existing national recreation areas.—Each National Recreation Area established before the date of enactment of this Act that is administered by the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary of the Interior, acting through the Director of the Bureau of Land Management shall be— (h) Standard fees.—In accordance with sections 803 through 808 of the Consolidated Appropriations Act, 2005 (16 U.S.C. 6802-6807), the Secretary may establish a standard amenity fee at each National Recreation Area designated after the date of enactment of this Act that is managed by the Bureau of Land Management or the Forest Service, if— (i) Compliance with existing laws.—Nothing in this section modifies any obligation— (1) of the Secretary to prepare or implement a land use plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) or section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); (2) under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (3) under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or (a) Purpose.—The purpose of this section is to promote private-sector volunteer programs within the Department of the Interior and the Department of Agriculture to enhance stewardship, recreation access, and sustainability of the resources, values, and facilities of the Federal land managed by the Federal land management agencies. (b) Definitions.—In this section: (c) Establishment.—The Secretary concerned shall develop an initiative to further enhance private-sector volunteer programs and to actively promote private-sector volunteer opportunities and provide outreach and coordination to the private sector. (d) Cooperative agreements for stewardship of Federal land.— (1) AUTHORITY TO ENTER INTO AGREEMENTS.—The Secretary concerned may enter into cooperative agreements (in accordance with section 6305 of title 31, United States Code) with private agencies, organizations, institutions, corporations, individuals, or other entities to carry out 1 or more projects or programs with a Federal land management agency in accordance with this section. (2) PROJECT AND PROGRAM INSTRUCTIONS.—The Secretary concerned shall include in the cooperative agreement the desired outcomes of the project or program and the guidelines for the volunteers to follow, including— (3) AUTHORIZED PROJECTS AND PROGRAMS.—Subject to paragraph (4), the Secretary concerned may use a cooperative agreement to carry out projects and programs for Federal land that— (B) support maintaining the resources, trails, and facilities on Federal land in a sustainable manner; (4) CONDITIONS ON USE OF AUTHORITY.—The Secretary concerned may use a cooperative agreement under paragraph (1) to carry out a project or program for the Federal land only if the project or program— This title may be cited as the “21st Century Conservation Service Corps Act”. Section 202 of the Public Lands Corps Act of 1993 (16 U.S.C. 1721) is amended to read as follows: “The purposes of this title are— “(1) to engage youth and veterans in the United States in civilian national service positions to conserve, rebuild, and enhance the outdoors, natural resources, infrastructure, and recreation assets of the United States; “(2) to increase public access to, and use of, public and tribal land and water, infrastructure, and natural, cultural, and historical resources and treasures, while spurring economic development and outdoor recreation and addressing backlogged maintenance on public land; “(3) to conserve, restore, and enhance public and tribal land and water, infrastructure, and natural, cultural, and historical resources and treasures by carrying out high-quality, cost-effective 21st Century Conservation Service Corps projects; “(4) to ensure that, in any State or territory of the United States or on any tribal land, the activities and expertise of Corpsmembers will be accessible to any public organization, nonprofit organization, or tribal agency responsible for the stewardship of land and water that is— “(5) to place youth and veterans in civilian national service positions to protect, restore, and enhance the great outdoors, natural resources, infrastructure, and recreation assets of the United States in a cost-effective manner without undue duplication or overlap of activities or programs carried out by Federal agencies; “(6) to provide youth and veterans placed in civilian national service positions with opportunities to gain in-demand skills, credentials, and education to prepare for, and transition to, success in the 21st century workforce; and (a) In general.—Section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722) is amended to read as follows: “In this title: “(1) 21CSC.—The term ‘21CSC’ means the 21st Century Conservation Service Corps established by section 204(a). “(2) 21CSC ORGANIZATION.—The term ‘21CSC organization’ means an organization or association that meets the requirements described in section 204(d). “(3) 21CSC PROJECT.—The term ‘21CSC project’ means a project that is carried out by a 21CSC organization. “(4) CORPSMEMBER.—The term ‘Corpsmember’ means an individual who is selected by a 21CSC organization to serve on a 21CSC project. “(5) INDIAN.—The term ‘Indian’ has the meaning given the term in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). “(6) INDIAN YOUTH 21ST CENTURY CONSERVATION SERVICE CORPS.—The term ‘Indian Youth 21st Century Conservation Service Corps’ means a program of a 21CSC organization that— “(7) INSTITUTION OF HIGHER EDUCATION.— “(A) IN GENERAL.—The term ‘institution of higher education’ has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). “(B) EXCLUSION.—The term ‘institution of higher education’ does not include an institution outside the United States, as described in section 102(a)(1)(C) of that Act (20 U.S.C. 1002(a)(1)(C)). “(8) PARTICIPATING ENTITY.—The term ‘participating entity’ means a Federal entity described in section 204(c)(2). “(9) PRIORITY PROJECT.—The term ‘priority project’ means a 21CSC project conducted to further 1 or more of the purposes described in section 202 or in section 2 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501), including by— “(10) RESOURCE ASSISTANT.—The term ‘resource assistant’ means a resource assistant selected under section 206. “(12) TRIBAL AGENCY.—The term ‘tribal agency’ has the meaning given the term ‘Indian tribe’ in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). (b) Conforming amendment.—Section 623(i)(6) of title 40, United States Code, is amended by striking “any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722))” and inserting “any land or water (or interest in land or water) owned by the United States (other than Indian land)”. Section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723) is amended to read as follows: “SEC. 204. 21st Century Conservation Service Corps. “(a) Establishment.—There is established the 21st Century Conservation Service Corps, to be comprised of 21CSC organizations and Corpsmembers, to carry out, in partnership with participating entities, the purposes of this title. “(b) Designation of coordinators.—The head of each participating entity, and the head of any bureau or subdivision of each participating entity, shall designate a 21CSC coordinator to coordinate any activity of the 21CSC or a 21CSC project carried out by the participating entity or the bureau or subdivision of the participating entity. “(c) Participating entities.— “(1) IN GENERAL.—The 21CSC shall be implemented jointly by the heads of the participating entities, who may support the 21CSC by carrying out the activities described in paragraph (3). “(3) SUPPORT FOR THE 21CSC.— “(A) IN GENERAL.—The head of a participating entity may provide support to the 21CSC by— “(ii) establishing a process for an organization to apply and be approved to become a 21CSC organization; “(iv) using or leveraging existing funds, or acquiring funds and other resources, under section 210 to support 21CSC projects through entering into a cooperative agreement under paragraph (5)(A)(i); “(B) COORDINATION.— “(i) IN GENERAL.—The heads of each of the participating entities shall, to the maximum extent practicable, coordinate with each other or the head of any other Federal agency that is affected by, or carrying out, an activity that is similar to a 21CSC project— “(ii) APPROVAL AND DATA COLLECTION.—The head of each participating entity shall, to the maximum extent practicable, coordinate with each other head of a participating entity— “(iii) GUIDANCE.—The head of each participating entity shall, to the maximum extent practicable, seek guidance from— “(II) the Departments of Veterans Affairs and Labor on methods to increase the participation of veterans in 21CSC projects; “(III) the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, on methods to increase the participation of Indians in 21CSC projects; “(IV) the Secretary of Defense on participation for the 21CSC in the Skillbridge program (DoD Instruction 1322.29), and on recruiting generally, to encourage more veteran and transitioning service member engagement in 21CSC projects; “(V) the Secretary of Labor and the Secretary of Agriculture on methods to increase rural youth engagement in 21CSC projects; “(C) REPORTING.— “(i) 21CSC REPORTS.— “(I) REPORT TO CONGRESS.—As soon as practicable after the date of enactment of the 21st Century Conservation Service Corps Act, the Chief Executive Officer of the Corporation for National and Community Service, in coordination with the head of each participating entity, shall submit to Congress a report that includes data, for the year covered by the report, including— “(aa) the number of Corpsmembers that carried out 21CSC projects and the length of the term of service for each Corpsmember; “(bb) the total amount of funding provided by participating entities for the service of Corpsmembers; “(cc) the type of service performed by Corpsmembers and the impact and accomplishments of the service; and “(dd) any other similar data determined by the Chief Executive Officer of the Corporation for National and Community Service or the head of a participating entity to be appropriate, including data sufficient to determine the effectiveness of 21CSC organizations in carrying out activities to achieve the purposes of this title in a manner that— “(AA) is cost-effective; and “(BB) does not unduly duplicate or overlap with any other activity or program carried out by any other Federal agency. “(II) DATA FROM PARTICIPATING ENTITIES.—Not later than 1 year after the date of enactment of the 21st Century Conservation Service Corps Act, and annually thereafter, the head of each participating entity shall submit to the Chief Executive Officer of the Corporation for National and Community Service the data described in items (aa) through (dd) of subclause (I). “(ii) COMPTROLLER GENERAL REPORTS.— “(I) IN GENERAL.—The Comptroller General of the United States shall prepare and submit to Congress— “(II) CONTENTS.—The interim and final reports referred to in subclause (I) shall include— “(aa) an assessment, based on the data described in items (aa) through (dd) of clause (i)(I), of the effectiveness of 21CSC organizations in achieving the purposes of this title in a manner that— “(AA) is cost-effective; and “(BB) does not unduly duplicate or overlap with any other activity or program carried out by any other Federal agency; and “(4) GIFTS AND DONATIONS.—The head of a participating entity may accept, use, or dispose of a contribution that is a gift or donation of money, services, or property to support the development, implementation, and expansion of a 21CSC project, in accordance with applicable law (including regulations). “(5) COOPERATIVE AGREEMENTS WITH 21CSC ORGANIZATIONS.— “(A) IN GENERAL.—The head of each participating entity may— “(d) 21CSC organizations.— “(1) IN GENERAL.—To be considered and approved as a 21CSC organization, an organization shall, to the maximum extent practicable, demonstrate the ability to meet, and provide assurances that the organization will meet, each requirement described in paragraphs (2) through (6). “(2) 21CSC CORPSMEMBERS ENGAGED BY 21CSC ORGANIZATIONS.— “(A) IN GENERAL.—In addition to meeting the requirement of subparagraph (B), any individual selected by a 21CSC organization to carry out a 21CSC project shall, to the maximum extent practicable, be— “(i) a youth, notwithstanding paragraphs (3) and (4) of section 137(a) of the National and Community Service Act of 1990 (42 U.S.C. 12591(a)) in the case of any Corpsmember participating in a 21CSC project supported and carried out by the Corporation for National and Community Service; or “(C) EMPHASIS ON DIVERSITY AND INCLUSION.—In selecting a Corpsmember, a 21CSC organization shall make deliberate outreach efforts to engage an individual who— “(ii) represents a traditionally underserved population, including veterans, Indians, and disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511)). “(3) COMPENSATION FOR PARTICIPANTS.—A 21CSC organization shall provide compensation to each Corpsmember that includes 1 or more of the following: “(4) ORGANIZATION OF SERVICE FOR PARTICIPANTS.— “(5) 21CSC PROJECTS.—A 21CSC organization shall carry out a 21CSC project that includes national service, and may be a priority project, involving— “(B) the conservation, restoration, management, and development of the natural resources and infrastructure of the United States, including— “(C) the support, development, and enhancement of outdoor recreation or urban green space for the purpose of public access; “(D) service that is primarily indoors, such as service in a science, policy, or program internship, with a clear benefit for natural, cultural, or historic resources or treasures, which may include the provision of interpretation and education services to— “(E) notwithstanding section 132A of the National and Community Service Act of 1990 (42 U.S.C. 12584a), a project described in this paragraph on private land or water in partnership with a private entity if— “(6) 21CSC CORPSMEMBERS.—In carrying out a 21CSC project, a 21CSC organization shall provide each Corpsmember with— “(A) in-demand skills development, certification and credentials, and education to prepare the Corpsmember for success in transitioning to the 21st century workforce; “(e) Corpsmember compensation and employment standards.— “(1) CORPSMEMBER COMPENSATION STANDARD.— “(A) SPECIFIC WAGE RATES.—A form of compensation provided under subparagraph (A), (B), or (C) of subsection (d)(3) shall be considered to be established at a specific wage rate, in the same manner as the compensation provided for a living allowance under section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594). “(B) COMPENSATION FOR CERTAIN CORPSMEMBERS.—The compensation provided under subsection (d)(3) to a Corpsmember who is not a participant in a 21CSC project supported by the Corporation for National and Community Service shall not be subject to any provision of (including a regulation under) the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) relating to a wage rate, but shall be considered to be established at a specific wage rate, in the manner described in subparagraph (A). “(C) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) applies a specific wage rate for a living allowance that is established under section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594) to the compensation of a Corpsmember under subsection (d)(3). “(2) CORPSMEMBER EMPLOYMENT STANDARD.— “(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), in parity with section 101(30) of the National and Community Service Act of 1990 (42 U.S.C. 12511(30)), a Corpsmember shall be considered to be a participant (as defined in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511)), not an employee, of the 21CSC organization for which the Corpsmember serves. “(B) FEDERAL EMPLOYMENT PROVISIONS.—Notwithstanding subparagraph (A), Federal employment provisions shall apply to a Corpsmember to the extent that those provisions apply to a participant or crew leader under section 199M(b) of the National and Community Service Act of 1990 (42 U.S.C. 12655n(b)). “(C) CHILD LABOR PROVISIONS.—Notwithstanding subparagraph (A)— “(i) the child labor provisions under section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) (including any order or regulation issued under the authority of such section or section 3(l) of such Act (29 U.S.C. 203(l))) shall apply to a Corpsmember and the 21CSC organization for which the Corpsmember serves in the same manner as such provisions apply to an employee and an employer under such Act; and “(ii) a violation of a section specified in clause (i) by a 21CSC organization shall be enforced by the Secretary of Labor in the same manner, and subject to the same penalties under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as a violation by an employer of section 12 of such Act (29 U.S.C. 212). Section 205 of the Public Lands Corps Act of 1993 (16 U.S.C. 1724) is amended— (1) in subsection (a)— (2) in subsection (b)— (A) in the heading, by inserting “, temporary housing, and transportation” after “Logistical support”; Section 206 of the Public Lands Corps Act of 1993 (16 U.S.C. 1725) is amended— (1) in subsection (a)— (2) by striking subsection (b) and inserting the following: “(b) Preference for the use of 21CSC organizations.— “(1) IN GENERAL.—If the head of a participating entity determines that a 21CSC organization can provide appropriate recruitment and placement services to fulfill the requirements of this section, the head of the participating entity may implement this section through a 21CSC organization. “(2) CONTRIBUTION TO EXPENSES.—A 21CSC organization providing recruitment and placement services under paragraph (1) shall contribute to the expenses of providing and supporting resource assistants, through 1 or more private sources of funding, at a level equal to 25 percent of the total costs of each participant in the resource assistant program that has been recruited and placed through the 21CSC organization. “(3) ANNUAL REPORT.—A 21CSC organization providing recruitment and placement services under paragraph (1) shall submit to the head of the applicable participating entity an annual report that evaluates the scope, size, and quality of the resource assistant program carried out by the 21CSC organization, including a description of the value of the work contributed by resource assistants to the mission of the participating entity.”. Section 207 of the Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended to read as follows: “SEC. 207. Eligibility for noncompetitive hiring status. “(a) Definitions.—In this section— “(b) Hiring.— “(1) IN GENERAL.—Subject to paragraph (2) and subsection (c), a qualified Corpsmember shall be eligible for appointment in the competitive service in the same manner as a Peace Corps volunteer as prescribed in Executive Order 11103 (22 U.S.C. 2504 note; relating to Providing for the Appointment of Former Peace Corps Volunteers to the Civilian Career Services), as amended by Executive Order 12107 (44 Fed. Reg. 1055; relating to the Civil Service Commission and Labor-Management in the Federal Service). “(c) Service hours.— “(1) IN GENERAL.—The 640 hours of service required under subsection (a)(2) may include service on 1 or more projects carried out by a Corpsmember with 1 or more participating entities during 1 or more terms of service in a 21CSC organization. “(2) COMPETITIVE SERVICE.—To be eligible for noncompetitive hiring status under subsection (b), a Corpsmember shall perform the 640 hours of service required under subsection (a)(2)— “(3) PRIORITIES.—The head of each participating entity is encouraged, to the maximum extent practicable, to identify a sufficient number of 21CSC projects on public or tribal land or water that are aligned with the priorities of the participating entity so as to facilitate the attainment of the 640 hours of service by Corpsmembers required under subsection (a)(2). “(d) Guidance.—The head of each participating entity, and any subdivision of a participating entity, shall coordinate with the head of each other participating entity, and subdivision of each other participating entity, to implement and issue guidance on eligibility for noncompetitive hiring status under subsection (b) in a uniform manner to— Section 208 of the Public Lands Corps Act of 1993 (16 U.S.C. 1727) is amended— Section 209 of the Public Lands Corps Act of 1993 (16 U.S.C. 1728) is amended— Section 210 of the Public Lands Corps Act of 1993 (16 U.S.C. 1729) is amended— (2) by inserting before subsection (d) (as so redesignated) the following: “(a) Investments.— (3) in subsection (d) (as so redesignated)— (A) in paragraph (1)— The Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.) is amended— (2) by inserting after section 210 the following: “SEC. 211. Indian Youth 21st Century Conservation Service Corps. “(a) Authorization of cooperative agreements.—The head of a participating entity may offer to enter into a cooperative agreement with a tribal agency or a 21CSC organization to establish and administer the Indian Youth 21st Century Conservation Service Corps, which shall carry out 1 or more 21CSC projects on tribal land or water. “(b) Guidelines.—Not later than 18 months after the date of enactment of the 21st Century Conservation Service Corps Act, the Secretary of the Interior, in consultation with Indian tribes, shall issue guidelines for the management of the Indian Youth 21st Century Conservation Service Corps, in accordance with this Act and any other applicable Federal laws. “SEC. 212. Rule of construction. “Except where otherwise provided for in this title, the requirements and authorities provided under this title with respect to Corpsmembers, 21CSC organizations, and participating entities with respect to a 21CSC project shall be in addition to any requirement or authority provided under other Federal law with respect to Corpsmembers, 21CSC organizations, and participating entities with respect to the 21CSC project.”. Section 121(a) of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (16 U.S.C. 1725a(a)), is amended— (1) in paragraph (1)— (A) by striking “Secretary of the Interior” and inserting “head of a participating entity (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)) (referred to in this subsection as a ‘participating entity’)”; and (a) Nonprofit capacity building.—Section 198S(a)(4) of the National and Community Service Act of 1990 (42 U.S.C. 12653s(a)(4)) is amended by striking “and the District of Columbia” and inserting “the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States”. (b) Compact migrant eligibility.—Section 137(a)(5) of the National and Community Service Act of 1990 (42 U.S.C. 12591(a)(5)) is amended to read as follows: “(5) is a citizen or national of the United States or lawful permanent resident alien of the United States, or is a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau and admitted to the United States as a nonimmigrant under the terms of the applicable Compact of Free Association with the United States.”. (c) Effective date.—The amendments made by this section shall apply to any participant in a program under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) selected after the date of enactment of this section. Public Law 91–378 (commonly known as the “Youth Conservation Corps Act of 1970”) (16 U.S.C. 1701 et seq.) is amended— (1) in section 102(a) (16 U.S.C. 1702(a)), by— (B) inserting “(or who are citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau and admitted to the United States as nonimmigrants under the terms of the applicable Compact of Free Association with the United States),” after “Puerto Rico”; and (2) in section 104 (16 U.S.C. 1704)— (A) in subsection (a), by striking “the Trust Territory of the Pacific Islands, and American Samoa” and inserting “American Samoa, and the Commonwealth of the Northern Mariana Islands”; and (B) in subsection (b)(1)(A), by striking “, possessions, or the Trust Territory of the Pacific Islands” and inserting “or possessions (or the citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau and admitted to the United States as nonimmigrants under the terms of the applicable Compact of Free Association with the United States)”. This title may be cited as the “Every Kid Outdoors Act”. In this title: (1) FEDERAL LANDS AND WATERS.—The term “Federal lands and waters” means any Federal lands or body of water under the jurisdiction of any Secretary to which the public has access. (2) PROGRAM.—The term “program” means the Every Kid Outdoors program established under section 603(a). (3) SECRETARY.—The term “Secretary” means— (A) in the case of Federal lands and waters under the jurisdiction of the Department of the Interior, the Secretary of the Interior, acting through, as relevant— (B) in the case of Federal lands and waters under the jurisdiction of the U.S. Forest Service, the Secretary of Agriculture, acting through the Chief of the U.S. Forest Service; (a) Establishment.—Each Secretary shall establish a program, to be known as the “Every Kid Outdoors Program”, that will provide free access to students and certain accompanying individuals, in accordance with this section, to those Federal lands and waters for which access is subject to an entrance, standard amenity, or day use fee. (b) Annual passes.— (1) IN GENERAL.—At the request of a student, the Secretary shall issue a pass to the student, which allows access to Federal lands and waters for which access is subject to an entrance, standard amenity, or day use fee, free of charge for the student and— (c) Other activities.—In carrying out the program, each Secretary—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Sense of Congress regarding outdoor recreation.
Sec. 101. Definition.
Sec. 102. Special recreation permit and fee.
Sec. 103. Permit across multiple jurisdictions.
Sec. 104. Guidelines and permit fee calculation.
Sec. 105. Use of permit fees for permit administration.
Sec. 106. Adjustment to permit use reviews.
Sec. 107. Authorization of temporary permits for new uses for the Forest Service and BLM.
Sec. 108. Indemnification requirements.
Sec. 109. Streamlining of permitting process.
Sec. 110. Cost recovery reform.
Sec. 111. Extension of forest service recreation priority use permits.
Sec. 112. Availability of Federal and State recreation passes.
Sec. 113. Online purchases of National Parks and Federal recreational lands pass.
Sec. 201. Access for servicemembers and veterans.
Sec. 301. Extension of seasonal recreation opportunities.
Sec. 302. Recreation performance metrics.
Sec. 303. Recreation mission.
Sec. 304. National recreation area system.
Sec. 401. Private-sector volunteer enhancement program.
Sec. 411. Interagency trail management.
Sec. 501. Short title.
Sec. 502. Purposes.
Sec. 503. Definitions.
Sec. 504. 21st Century Conservation Service Corps.
Sec. 505. 21st Century Conservation Service Corps conservation centers and program support.
Sec. 506. Resource assistants.
Sec. 507. Eligibility for noncompetitive hiring status.
Sec. 508. National service educational awards.
Sec. 509. Nondisplacement.
Sec. 510. Funding.
Sec. 511. Indian Youth 21st Century Conservation Service Corps; Rule of construction.
Sec. 512. Direct hire authority.
Sec. 513. National and community service programs.
Sec. 514. Youth conservation corps.
Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Every kid outdoors program.
“ Sec. 805A. Availability of Federal and State Recreation Passes.”
Union Calendar No. 864 | |||||
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[Report No. 115–1063, Part I]
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A BILL | |||||
To promote innovative approaches to outdoor recreation on Federal land and to open up opportunities
for collaboration with non-Federal partners, and for other purposes.
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December 28, 2018 | |||||
Committees on Transportation and Infrastructure and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
be printed |