II 

Calendar No. 172 

118TH CONGRESS 

1ST SESSION S. 873 

[Report No. 118–79] 

To improve recreation opportunities on, and facilitate greater access to, 

Federal public land, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16, 2023 

Mr. MANCHIN (for himself and Mr. BARRASSO) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

JULY 26, 2023 

Reported by Mr. MANCHIN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To improve recreation opportunities on, and facilitate greater 

access to, Federal public land, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘America’s Outdoor Recreation Act of 2023’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—OUTDOOR RECREATION AND INFRASTRUCTURE 

Subtitle A—Declaration of Policy 

Sec. 111. Congressional declaration of policy. 

Subtitle B—Public Recreation on Federal Recreational Lands and Waters 

Sec. 121. Biking on long-distance bike trails. 

Sec. 122. Forest Service climbing guidance. 

Sec. 122. Climbing guidance. 

Sec. 123. Target shooting ranges. 

Subtitle C—Improving Recreation Infrastructure 

Sec. 131. Broadband internet connectivity at developed recreation sites. 

Sec. 132. Extension of seasonal recreation opportunities. 

Sec. 133. Gateway communities. 

Sec. 134. Parking opportunities for Federal recreational lands and waters. 

Sec. 135. Travel management. 

Sec. 136. Public-private partnerships to modernize federally owned campgrounds, resorts, cabins, and visitor centers on Federal recreational lands and waters. 

Sec. 137. Forest Service pay-for-performance projects. 

Subtitle D—Engagement 

Sec. 141. Identifying opportunities for recreation. 

Sec. 142. Federal Interagency Council on Outdoor Recreation. 

Sec. 143. Informing the public of access closures. 

Sec. 144. Improved recreation visitation data. 

Sec. 145. Monitoring for improved recreation decision making. 

Sec. 146. Access for servicemembers and veterans. 

Sec. 147. Increasing youth recreation visits to Federal land. 

TITLE II—AMENDMENTS TO THE FEDERAL LANDS RECREATION 

ENHANCEMENT ACT 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Special recreation permits and fees. 

Sec. 204. Online collection of certain recreation fees. 

Sec. 205. Online purchases and establishment of a digital version of America 

the Beautiful—the National Parks and Federal Recreational 

Lands Passes. 

Sec. 206. Availability of Federal, State, and local recreation passes. 

Sec. 207. Use of special recreation permit fee revenue. 

Sec. 208. Permanent authorization. 


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TITLE III—SPECIAL RECREATION PERMITS FOR OUTFITTING 

AND GUIDING 

Subtitle A—Administration of Special Recreation Permits for Outfitting and 

Guiding 

Sec. 311. Permit administration. 

Sec. 312. Forest Service and Bureau of Land Management transitional special 

recreation permits for outfitting and guiding. 

Sec. 313. Surrender of unused visitor-use days. 

Sec. 314. Reviews for transitional permits and long-term permits. 

Sec. 315. Adjustment of allocated visitor-use days. 

Subtitle B—Additional Provisions Relating to Special Recreation Permits 

Sec. 321. Permitting process improvements. 

Sec. 322. Service First Initiative and multijurisdictional trips. 

Sec. 323. Permit flexibility. 

Sec. 324. Liability. 

Sec. 325. Cost recovery reform. 

Sec. 326. Permit relief for picnic areas. 

Sec. 327. Interagency report on special recreation permits for underserved communities. 

Subtitle C—Effect 

Sec. 331. Effect. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Filming and still photography within the National Park System and 

on other Federal land. 

Sec. 402. Volunteer enhancement program. 

Sec. 403. Cape and antler preservation enhancement. 

Sec. 404. Federal land and water aquatic resource activities assistance. 

Sec. 405. Amendments to the Modernizing Access to Our Public Land Act. 

Sec. 406. Outdoor Recreation Legacy Partnership Program. 

Sec. 407. Recreation budget crosscut. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COMMERCIAL USE AUTHORIZATION.—The 

4 term ‘‘commercial use authorization’’ means a com5 mercial use authorization to provide services to visi6 tors to units of the National Park System under 

7 subchapter II of chapter 1019 of title 54, United 

8 States Code. 


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1 (2) FEDERAL LAND MANAGEMENT AGENCY.— 

2 The term ‘‘Federal land management agency’’ has 

3 the meaning given the term in section 802 of the 

4 Federal Lands Recreation Enhancement Act (16 

5 U.S.C. 6801). 

6 (3) FEDERAL RECREATIONAL LANDS AND

7 WATERS.—The term ‘‘Federal recreational lands and 

8 waters’’ has the meaning given the term in section 

9 802 of the Federal Lands Recreation Enhancement 

10 Act (16 U.S.C. 6801). 

11 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

12 has the meaning given the term in section 4 of the 

13 Indian Self-Determination and Education Assistance 

14 Act (25 U.S.C. 5304). 

15 (5) RECREATION SERVICE PROVIDER.—The 

16 term ‘‘recreation service provider’’ has the meaning 

17 given the term in section 802 of the Federal Lands 

18 Recreation Enhancement Act (16 U.S.C. 6801) (as 

19 amended by section 202(9)). 

20 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

21 means each of— 

22 (A) the Secretary; and 

23 (B) the Secretary of Agriculture. 

24 (7) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of the Interior. 


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1 (8) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary, with respect to land 

4 under the jurisdiction of the Secretary; or 

5 (B) the Secretary of Agriculture, with re6 spect to land managed by the Forest Service. 

7 (9) SPECIAL RECREATION PERMIT.—The term 

8 ‘‘special recreation permit’’ has the meaning given 

9 the term in section 802 of the Federal Lands Recre10 ation Enhancement Act (16 U.S.C. 6801) (as 

11 amended by section 202(10)). 

12 (10) VISITOR-USE DAY.—The term ‘‘visitor-use 

13 day’’ means a visitor-use day, user day, launch, or 

14 other metric used by the Secretary concerned for 

15 purposes of authorizing use under a special recre16 ation permit. 

17 TITLE I—OUTDOOR RECRE18 ATION AND INFRASTRUC19 TURE 

20 Subtitle A—Declaration of Policy 

21 SEC. 111. CONGRESSIONAL DECLARATION OF POLICY. 

22 Congress declares that it is the policy of the Federal 

23 Government to foster and encourage recreation on Federal 

24 recreational lands and waters, to the extent consistent 

25 with the laws applicable to specific areas of Federal recVerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873

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1 reational lands and waters, including multiple-use man2 dates and land management planning requirements. 

3 Subtitle B—Public Recreation on 

4 Federal Recreational Lands and 

5 Waters 

6 SEC. 121. BIKING ON LONG-DISTANCE BIKE TRAILS. 

7 (a) DEFINITION OF LONG-DISTANCE BIKE TRAIL.— 

8 In this section, the term ‘‘long-distance bike trail’’ means 

9 a continuous route, consisting of 1 or more trails or rights10 of-way, that— 

11 (1) is not less than a total of 80 miles in length 

12 on Federal recreational lands and waters; 

13 (2) to the maximum extent practicable, makes 

14 use of existing trails; 

15 (3) is composed generally of a consistent type 

16 of trail; 

17 (4) may be used for mountain biking, 

18 bikepacking, road biking, bicycle touring, or gravel 

19 biking; and 

20 (5) may include short connections by way of a 

21 road or highway. 

22 (b) LONG-DISTANCE BIKE TRAILS ON FEDERAL

23 RECREATIONAL LANDS AND WATERS.— 


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1 (1) IDENTIFICATION OF LONG-DISTANCE BIKE

2 TRAILS.—Subject to paragraph (2), the Secretaries 

3 shall— 

4 (A) identify not fewer than 10 long-dis5 tance bike trails, consistent with management 

6 requirements for the Federal recreational lands 

7 and waters identified, that make use of trails 

8 and roads in existence on the date of enactment 

9 of this Act; and 

10 (B)(i) identify not fewer than 10 areas in 

11 which there is an opportunity to develop or 

12 complete long-distance bike trails, consistent 

13 with the management requirements for the Fed14 eral recreational lands and waters identified; 

15 (ii) coordinate with stakeholders on the 

16 feasibility of, and identifying any resources nec17 essary for, completing the development of the 

18 trails identified under clause (i); and 

19 (iii) incorporate existing applicable re20 search and planning decisions in carrying out 

21 this section. 

22 (2) CONFLICT AVOIDANCE WITH OTHER

23 USES.—Before identifying a trail or road as a long24 distance bike trail under paragraph (1), the Sec25 retary concerned shall ensure that the identification 


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1 of the long-distance bike trail would not conflict with 

2 an existing use of the trail or road, including horse3 back riding or use by pack and saddle stock. 

4 (3) MAPS, SIGNAGE, AND PROMOTIONAL MATE5 RIALS.—For any long-distance bike trail identified 

6 under paragraph (1), the Secretary concerned may 

7 publish and distribute maps, install signage, and 

8 issue promotional materials. 

9 (4) GEOGRAPHIC REPRESENTATION.—To the 

10 extent practicable, the Secretary concerned shall 

11 seek to identify long-distance bike trails and areas 

12 for the development or completion of long-distance 

13 bike trails under paragraph (1) in a geographically 

14 equitable manner. 

15 (5) REPORT.—Not later than 2 years after the 

16 date of enactment of this Act, the Secretaries, in 

17 partnership with interested organizations, shall pre18 pare and publish a report that lists the long-distance 

19 bike trails identified under paragraph (1). 

20 SEC. 122. FOREST SERVICE CLIMBING GUIDANCE. 

21 (a) CLIMBING GUIDANCE IN WILDERNESS.— 

22 (1) IN GENERAL.—Not later than 18 months 

23 after the date of enactment of this Act, the Sec24 retary of Agriculture shall issue guidance relating to 

25 climbing management for National Forest System 


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1 land, including in designated wilderness areas on 

2 National Forest System land, pursuant to the joint 

3 explanatory statement for division G (relating to the 

4 Department of the Interior, Environment, and Re5 lated Agencies Appropriations Act, 2021) described 

6 in section 4 of the Consolidated Appropriations Act, 

7 2021 (Public Law 116–260; 134 Stat. 1185), that 

8 recognizes the appropriateness of the allowable ac9 tivities described in paragraph (2) in the designated 

10 wilderness areas, if the allowable activities are car11 ried out in accordance with— 

12 (A) the Wilderness Act (16 U.S.C. 1131 et 

13 seq.); 

14 (B) other applicable laws (including regu15 lations); and 

16 (C) any terms and conditions that are de17 termined to be necessary by the Secretary of 

18 Agriculture. 

19 (2) ALLOWABLE ACTIVITIES.—The allowable 

20 activities referred to in paragraph (1) are— 

21 (A) recreational climbing; 

22 (B) the placement, use, and maintenance 

23 of fixed anchors; and 

24 (C) the use of other equipment necessary 

25 for recreational climbing. 


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1 (b) PUBLIC NOTICE AND COMMENT.—Before final2 izing guidance relating to climbing management under 

3 subsection (a)(1), the Secretary of Agriculture shall pro4 vide to the public notice and an opportunity to comment 

5 regarding the proposed guidance. 

6 SEC. 122. CLIMBING GUIDANCE. 

7 (a) GUIDANCE.—Not later than 18 months after the 

8 date of enactment of this Act, each Secretary concerned shall 

9 issue guidance for recreational climbing activities on Fed10 eral land under the jurisdiction of the Secretary concerned, 

11 including within components of the National Wilderness 

12 Preservation System. 

13 (b) APPLICABLE LAW.—The guidance issued under 

14 subsection (a) shall ensure that recreational climbing ac15 tivities comply with the laws (including regulations) appli16 cable to the land under the jurisdiction of the Secretary con17 cerned. 

18 (c) WILDERNESS AREAS.— 

19 (1) IN GENERAL.—The guidance issued under 

20 subsection (a) shall recognize that recreational climb21 ing (including the placement and maintenance of 

22 fixed anchors, where necessary for safety) is an ap23 propriate recreational use within a component of the 

24 National Wilderness Preservation System, if under25 taken— 


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1 (A) in accordance with the Wilderness Act 

2 (16 U.S.C. 1131 et seq.) and other applicable 

3 laws (including regulations); and 

4 (B) subject to any terms and conditions de5 termined to be appropriate by the Secretary con6 cerned. 

7 (2) AUTHORIZATION.—The guidance issued 

8 under subsection (a) shall describe the requirements, 

9 if any, for the placement and maintenance of fixed 

10 anchors for recreational climbing in a component of 

11 the National Wilderness Preservation System, includ12 ing any terms and conditions determined by the Sec13 retary concerned to be appropriate, which may be 

14 issued programmatically or on a case-by-case basis. 

15 (d) EXISTING ROUTES.—The guidance issued under 

16 subsection (a) shall include direction providing for the con17 tinued use and maintenance of recreational climbing routes 

18 (including fixed anchors along the routes) in existence as 

19 of the date of enactment of this Act, in accordance with 

20 this section, and where appropriate. 

21 (e) PUBLIC COMMENT.—Before finalizing the guidance 

22 issued under subsection (a), the Secretary concerned shall 

23 provide opportunities for public comment with respect to 

24 the guidance. 


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1 SEC. 123. TARGET SHOOTING RANGES. 

2 (a) DEFINITION OF TARGET SHOOTING RANGE.—In 

3 this section, the term ‘‘target shooting range’’ means a 

4 developed and managed area that is authorized or oper5 ated by the Forest Service or the Bureau of Land Manage6 ment specifically for the purposeful discharge by the public 

7 of legal firearms, firearms training, archery, or other asso8 ciated activities. 

9 (b) ASSESSING, IDENTIFYING, AND ESTABLISHING

10 TARGET SHOOTING RANGE LOCATIONS.— 

11 (1) ASSESSMENT.—Not later than 1 year after 

12 the date of enactment of this Act, the Secretary con13 cerned shall make available to the public a list 

14 that— 

15 (A) identifies each National Forest and 

16 each Bureau of Land Management district that 

17 has a target shooting range that meets the re18 quirements described in paragraph (3)(B); 

19 (B) identifies each National Forest and 

20 each Bureau of Land Management district that 

21 does not have a target shooting range that 

22 meets the requirements described in paragraph 

23 (3)(B); and 

24 (C) for each National Forest and each Bu25 reau of Land Management district identified 

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1 tion of whether applicable law or the applicable 

2 land use plan prevents the establishment of a 

3 target shooting range that meets the require4 ments described in paragraph (3)(B). 

5 (2) IDENTIFICATION OF TARGET SHOOTING

6 RANGE LOCATIONS.— 

7 (A) IN GENERAL.—The Secretary con8 cerned shall identify at least 1 suitable location 

9 for a target shooting range that meets the re10 quirements described in paragraph (3)(B) with11 in each National Forest and each Bureau of 

12 Land Management district with respect to 

13 which the Secretary concerned has determined 

14 under paragraph (1)(C) that the establishment 

15 of a target shooting range is not prevented by 

16 applicable law or the applicable land use plan. 

17 (B) REQUIREMENTS.—The Secretaries, in 

18 consultation with the entities described in sub19 section (d), shall, for purposes of identifying a 

20 suitable location for a target shooting range 

21 under subparagraph (A)— 

22 (i) consider the proximity of areas fre23 quently used by recreational shooters; 

24 (ii) ensure that the target shooting 

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1 ing range operated or maintained by a 

2 non-Federal entity, including a shooting 

3 range located on private land; and 

4 (iii) consider other nearby recreational 

5 uses to minimize potential conflict. 

6 (3) ESTABLISHMENT OF NEW TARGET SHOOT7 ING RANGES.— 

8 (A) IN GENERAL.—Not later than 5 years 

9 after the date of enactment of this Act, at 1 or 

10 more suitable locations identified on each eligi11 ble National Forest and each Bureau of Land 

12 Management district under paragraph (2)(A), 

13 the Secretary concerned shall— 

14 (i) subject to the availability of appro15 priations, construct a target shooting 

16 range that meets the requirements de17 scribed in subparagraph (B) or modify an 

18 existing target shooting range to meet the 

19 requirements described in subparagraph 

20 (B); or 

21 (ii) enter into an agreement with an 

22 entity described in subsection (d)(1), under 

23 which the entity shall establish or maintain 

24 a target shooting range that meets the re25 quirements described in subparagraph (B). 


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1 (B) REQUIREMENTS.—A target shooting 

2 range established under this paragraph— 

3 (i)(I) shall be able to accommodate ri4 fles, pistols, and shotguns; and 

5 (II) may accommodate archery; 

6 (ii) shall include appropriate public 

7 safety designs and features, including— 

8 (I) significantly modified land9 scapes, including berms, buffer dis10 tances, or other public safety designs 

11 or features; 

12 (II) a designated firing line; and 

13 (III) benches; 

14 (iii) may include— 

15 (I) shade structures; 

16 (II) trash containers; 

17 (III) restrooms; and 

18 (IV) any other features that the 

19 Secretary concerned determines to be 

20 necessary; and 

21 (iv) may not require a user to pay a 

22 fee to use the target shooting range. 

23 (C) RECREATION AND PUBLIC PURPOSES

24 ACT.—For purposes of subparagraph (A), the 

25 Secretary concerned may consider a target 


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1 shooting range that is located on land trans2 ferred pursuant to the Act of June 14, 1926 

3 (commonly known as the ‘‘Recreation and Pub4 lic Purposes Act’’) (44 Stat. 741, chapter 578; 

5 43 U.S.C. 869 et seq.), as a target shooting 

6 range that meets the requirements described in 

7 subparagraph (B). 

8 (c) RESTRICTIONS.— 

9 (1) MANAGEMENT.—The management of a tar10 get shooting range shall be subject to such condi11 tions as the Secretary concerned determines are nec12 essary for the safe, responsible use of— 

13 (A) the target shooting range; and 

14 (B) the adjacent land and resources. 

15 (2) CLOSURES.—Except in emergency situa16 tions for reasons of public safety, the Secretary con17 cerned shall seek to ensure that a target shooting 

18 range that meets the requirements described in sub19 section (b)(3)(B), or an equivalent shooting range 

20 adjacent to a National Forest or Bureau of Land 

21 Management district, is available to the public prior 

22 to closing Federal recreational lands and waters ad23 ministered by the Chief of the Forest Service or the 

24 Director of the Bureau of Land Management to rec25 reational shooting, in accordance with section 4103 


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1 of the John D. Dingell, Jr. Conservation, Manage2 ment, and Recreation Act (16 U.S.C. 7913). 

3 (d) CONSULTATIONS.— 

4 (1) IN GENERAL.—In carrying out this section, 

5 the Secretaries shall consult with interested parties, 

6 as applicable, including— 

7 (A) local and Tribal governments; 

8 (B) nonprofit or nongovernmental organi9 zations, including organizations that are sig10 natories to the memorandum of understanding 

11 entitled ‘‘Federal Lands Hunting, Fishing, and 

12 Shooting Sports Roundtable Memorandum of 

13 Understanding’’ and signed by the Forest Serv14 ice and the Bureau of Land Management on 

15 August 17, 2006; 

16 (C) State fish and wildlife agencies; 

17 (D) shooting clubs; 

18 (E) Federal advisory councils relating to 

19 hunting and shooting sports; 

20 (F) individuals or entities with authorized 

21 leases or permits in an area under consideration 

22 for a target shooting range; 

23 (G) State and local offices of outdoor 

24 recreation; 

25 (H) State and local public safety agencies; 


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1 (I) adjacent landowners; and 

2 (J) the public. 

3 (2) PARTNERSHIPS.—The Secretaries may— 

4 (A) coordinate with an entity described in 

5 paragraph (1) to assist with the construction, 

6 modification, operation, or maintenance of a 

7 target shooting range; and 

8 (B) explore opportunities to leverage fund9 ing to maximize non-Federal investment in the 

10 construction, modification, operation, or main11 tenance of a target shooting range. 

12 (e) ANNUAL REPORTS.—Not later than 1 year after 

13 the date of enactment of this Act and annually thereafter 

14 through fiscal year 2033, the Secretaries shall submit to 

15 the Committee on Energy and Natural Resources of the 

16 Senate and the Committee on Natural Resources of the 

17 House of Representatives a report describing the progress 

18 made with respect to the implementation of this section. 

19 (f) SAVINGS CLAUSE.—Nothing in this section affects 

20 the authority of the Secretary concerned to administer a 

21 target shooting range that is in addition to the target 

22 shooting ranges that meet the requirements described in 

23 (b)(3)(B) on Federal recreational lands and waters admin24 istered by the Secretary concerned. 


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1 Subtitle C—Improving Recreation 

2 Infrastructure 

3 SEC. 131. BROADBAND INTERNET CONNECTIVITY AT DE4 VELOPED RECREATION SITES. 

5 (a) IN GENERAL.—The Secretary and the Chief of 

6 the Forest Service shall enter into an agreement with the 

7 Secretary of Commerce to foster the installation or con8 struction of broadband internet infrastructure at devel9 oped recreation sites on Federal recreational lands and 

10 waters to establish broadband internet connectivity— 

11 (1) subject to the availability of appropriations; 

12 and 

13 (2) in accordance with applicable law. 

14 (b) IDENTIFICATION.—Not later than 2 years after 

15 the date of enactment of this Act, and annually thereafter 

16 through fiscal year 2033, the Secretary and the Chief of 

17 the Forest Service, in coordination with States and local 

18 communities, shall make publicly available— 

19 (1) a list of the highest priority developed recre20 ation sites, as determined under subsection (c), on 

21 Federal recreational lands and waters that lack 

22 broadband internet; 

23 (2) an estimate of— 

24 (A) the cost to equip each of those sites 

25 with broadband internet infrastructure; and 


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1 (B) the annual cost to operate that infra2 structure; and 

3 (3) a list of potential— 

4 (A) barriers to operating the infrastructure 

5 described in paragraph (2)(A); and 

6 (B) methods to recover the costs of that 

7 operation. 

8 (c) PRIORITIES.—In selecting developed recreation 

9 sites for the list described in subsection (b)(1), the Sec10 retary and the Chief of the Forest Service shall give pri11 ority to developed recreation sites— 

12 (1) at which broadband internet infrastructure 

13 has not been constructed due to— 

14 (A) geographic challenges; or 

15 (B) the location having an insufficient 

16 number of nearby permanent residents, despite 

17 high seasonal or daily visitation levels; or 

18 (2) that are located in an economically dis19 tressed county that could benefit significantly from 

20 developing the outdoor recreation economy of the 

21 county. 


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1 SEC. 132. EXTENSION OF SEASONAL RECREATION OPPOR2 TUNITIES. 

3 (a) DEFINITION OF SEASONAL CLOSURE.—In this 

4 section, the term ‘‘seasonal closure’’ means any period 

5 during which— 

6 (1) a unit of Federal recreational lands and 

7 waters, or a portion of a unit of Federal recreational 

8 lands and waters, is closed to the public for a con9 tinuous period of not less than 30 days, excluding 

10 temporary closures relating to wildlife conservation 

11 or public safety; and 

12 (2) permitted or allowable recreational activi13 ties, which provide an economic benefit, including 

14 off-season or winter-season tourism, are not taking 

15 place at— 

16 (A) the unit of Federal recreational lands 

17 and waters; or 

18 (B) a portion of a unit of Federal rec19 reational lands and waters. 

20 (b) COORDINATION.—The Secretaries shall consult 

21 and coordinate with multiple outdoor recreation-related 

22 businesses operating on or adjacent to a unit of Federal 

23 recreational lands and waters, State offices of outdoor 

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1 dian Tribes, local governments, and institutions of higher 

2 education— 

3 (1) to better understand trends with respect to 

4 visitors to the unit of Federal recreational lands and 

5 waters; 

6 (2) to solicit input from, and provide informa7 tion for, outdoor recreation marketing campaigns; 

8 and 

9 (3) to better understand— 

10 (A) the effect of seasonal closures of areas 

11 of, or infrastructure on, units of Federal rec12 reational lands and waters on outdoor recre13 ation opportunities, adjacent businesses, and 

14 local tax revenue; and 

15 (B) opportunities to extend the period of 

16 time during which areas of, or infrastructure 

17 on, units of Federal recreational lands and 

18 waters are open to the public to increase out19 door recreation opportunities and associated 

20 revenues for businesses and local governments. 

21 (c) AVAILABILITY OF INFRASTRUCTURE.— 

22 (1) IN GENERAL.—The Secretaries shall make 

23 efforts to make infrastructure available to accommo24 date increased visitation to units of Federal rec25 reational lands and waters during periods that are 


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1 at or before the beginning or at or after the end of 

2 traditional seasonal closures— 

3 (A) to extend the outdoor recreation sea4 son and the duration of income to gateway com5 munities; and 

6 (B) to provide more opportunities to visit 

7 resources on units of Federal recreational lands 

8 and waters to reduce crowding during peak sea9 sons. 

10 (2) INCLUSIONS.—Efforts described in para11 graph (1) may include— 

12 (A) the addition of a facility at the unit of 

13 Federal recreational lands and waters; or 

14 (B) the improvement of access to or on the 

15 unit of Federal recreational lands and waters. 

16 (d) AGREEMENTS.— 

17 (1) IN GENERAL.—The Secretaries may enter 

18 into agreements with businesses, local governments, 

19 or other entities to share the cost of additional ex20 penses necessary to extend the period of time during 

21 which an area of, or infrastructure on, a unit of 

22 Federal recreational lands and waters is made open 

23 to the public. 

24 (2) IN-KIND CONTRIBUTIONS.—The Secretaries 

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1 ices provided by businesses, local governments, or 

2 other entities for purposes of paragraph (1). 

3 SEC. 133. GATEWAY COMMUNITIES. 

4 (a) DEFINITION OF GATEWAY COMMUNITY.—In this 

5 section, the term ‘‘gateway community’’ means a commu6 nity that serves as an entry point or is adjacent to a recre7 ation destination on Federal recreational lands and waters 

8 or non-Federal land at which there is consistently high, 

9 in the determination of the Secretaries, seasonal or year10 round visitation. 

11 (b) ASSESSMENT OF IMPACTS AND NEEDS IN GATE12 WAY COMMUNITIES.—Subject to the availability of exist13 ing funds, the Secretaries— 

14 (1) shall collaborate with State and local gov15 ernments, Indian Tribes, housing authorities, appli16 cable trade associations, nonprofit organizations, 

17 and other relevant stakeholders to identify needs and 

18 economic impacts in gateway communities, includ19 ing— 

20 (A) housing shortages; 

21 (B) demands on existing municipal infra22 structure; 

23 (C) accommodation and management of 

24 sustainable visitation; and 


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1 (D) the expansion and diversification of 

2 visitor opportunities by bolstering the visitation 

3 at— 

4 (i) underutilized locations, as identi5 fied under section 141(c)(1)(B), on nearby 

6 Federal recreational lands and waters; or 

7 (ii) lesser-known recreation sites, as 

8 identified under section 144(b)(1)(B), on 

9 nearby land managed by a State agency or 

10 a local agency; and 

11 (2) may address a need identified under para12 graph (1) by— 

13 (A) providing financial or technical assist14 ance to a gateway community under an existing 

15 program; 

16 (B) issuing a lease, right-of-way, or ease17 ment, in accordance with applicable laws; or 

18 (C) issuing an entity referred to in para19 graph (1) a special use permit (other than a 

20 special recreation permit), in accordance with 

21 applicable laws. 

22 (c) TECHNICAL AND FINANCIAL ASSISTANCE TO

23 BUSINESSES.—The Secretary of Agriculture (acting 

24 through the Administrator of the Rural Business-Coopera25 tive Service) and the Secretary of Commerce shall provide 


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1 information on applicable agency resources and programs 

2 available to provide financing, technical assistance, and 

3 other services in gateway communities to support eco4 nomic opportunities through tourism, including support 

5 for the food service and accommodations sectors with an 

6 emphasis on new and diversifying businesses. 

7 (d) PARTNERSHIPS.—In carrying out this section, the 

8 Secretaries may, in accordance with applicable laws, enter 

9 into a public-private partnership, cooperative agreement, 

10 memorandum of understanding, or similar agreement with 

11 a gateway community or a business in a gateway commu12 nity. 

13 SEC. 134. PARKING OPPORTUNITIES FOR FEDERAL REC14 REATIONAL LANDS AND WATERS. 

15 (a) IN GENERAL.—The Secretaries shall seek to in16 crease parking opportunities for persons recreating on 

17 Federal recreational lands and waters— 

18 (1) in accordance with existing laws and appli19 cable land use plans; 

20 (2) in a manner that minimizes any increase in 

21 maintenance obligations on Federal recreational 

22 lands and waters; and 

23 (3) in a manner that does not impact wildlife 

24 habitat that is critical to the mission of a Federal 


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1 agency responsible for managing Federal rec2 reational lands and waters. 

3 (b) AUTHORITY.—To supplement the quantity of 

4 parking spaces available at units of Federal recreational 

5 lands and waters on the date of enactment of this Act, 

6 the Secretaries may— 

7 (1) enter into a public-private partnership for 

8 parking opportunities on non-Federal land; 

9 (2) lease non-Federal land for parking opportu10 nities; or 

11 (3) provide alternative transportation systems 

12 for a unit of Federal recreational lands and waters. 

13 SEC. 135. TRAVEL MANAGEMENT. 

14 (a) TRAVEL MANAGEMENT PLANS.—The Secretary 

15 concerned shall seek to have, not later than 5 years after 

16 the date of enactment of this Act, in a printed and publicly 

17 available format that is compliant with the format for geo18 graphic information systems— 

19 (1) for each district administered by the Direc20 tor of the Bureau of Land Management, a ground 

21 transportation linear feature authorized for public 

22 use or administrative use; and 

23 (2) for each unit of the National Forest Sys24 tem, a motor vehicle use map. 


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1 (b) OVER-SNOW VEHICLE-USE MAPS.—The Sec2 retary concerned shall seek to have, not later than 10 

3 years after the date of enactment of this Act, in a printed 

4 and publicly available format that is compliant with the 

5 format for geographic information systems, an over-snow 

6 vehicle use map for each unit of Federal recreational lands 

7 and waters administered by the Chief of the Forest Service 

8 or Director of the Bureau of Land Management that has 

9 adequate snowfall for over-snow vehicle use to occur on 

10 which over-snow vehicle use occurs, in accordance with ex11 isting law. 

12 (c) OUT-OF-DATE PLANS AND MAPS.—Not later 

13 than 20 years after the date on which the Secretary con14 cerned adopted or reviewed, through public notice and 

15 comment, a travel management plan or map described in 

16 subsection (a) or (b), the Secretary concerned shall seek 

17 to review, through public notice and comment, and update, 

18 as necessary, the applicable travel management plan or 

19 map. 

20 (d) MOTORIZED AND NONMOTORIZED ACCESS.—The 

21 Secretaries shall seek to create additional opportunities, 

22 as appropriate, for motorized and nonmotorized access 

23 and opportunities on Federal recreational lands and 

24 waters administered by the Chief of the Forest Service or 

25 the Director of the Bureau of Land Management. 


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1 (e) SAVINGS CLAUSE.—Nothing in this section pro2 hibits a lawful use, including a motorized or nonmotorized 

3 use, on Federal recreational lands and waters administered 

4 by the Chief of the Forest Service or the Director of the Bu5 reau of Land Management, if the Secretary concerned fails 

6 to meet a timeline established under this section. 

7 SEC. 136. PUBLIC-PRIVATE PARTNERSHIPS TO MODERNIZE 

8 FEDERALLY OWNED CAMPGROUNDS, RE9 SORTS, CABINS, AND VISITOR CENTERS ON 

10 FEDERAL RECREATIONAL LANDS AND 

11 WATERS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) COVERED ACTIVITY.—The term ‘‘covered 

14 activity’’ means— 

15 (A) a capital improvement, including the 

16 construction, reconstruction, and nonroutine 

17 maintenance of any structure, infrastructure, or 

18 improvement, relating to the operation of, or 

19 access to, a covered recreation facility; and 

20 (B) any activity necessary to operate or 

21 maintain a covered recreation facility. 

22 (2) COVERED RECREATION FACILITY.—The 

23 term ‘‘covered recreation facility’’ means a federally 

24 owned campground, resort, cabin, or visitor center 

25 that is— 


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1 (A) in existence on the date of enactment 

2 of this Act; and 

3 (B) located on Federal recreational lands 

4 and waters administered by— 

5 (i) the Chief of the Forest Service; or 

6 (ii) the Director of the Bureau of 

7 Land Management. 

8 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means— 

10 (A) a unit of State, Tribal, or local govern11 ment; 

12 (B) a nonprofit organization; and 

13 (C) a private entity. 

14 (b) PILOT PROGRAM.—The Secretaries shall estab15 lish a pilot program under which the Secretary concerned 

16 may enter into an agreement with, or issue or amend a 

17 land use authorization to, an eligible entity to allow the 

18 eligible entity to carry out covered activities relating to 

19 a covered recreation facility, subject to the requirements 

20 of this section and the terms of any relevant land use au21 thorization, regardless of whether the eligible entity holds, 

22 on the date of enactment of this Act, an authorization to 

23 be a concessionaire for the covered recreation facility. 

24 (c) MINIMUM NUMBER OF AGREEMENTS OR LAND

25 USE AUTHORIZATIONS.—Not later than 3 years after the 


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1 date of enactment of this Act, the Secretary concerned, 

2 with the consent of each affected holder of an authoriza3 tion to be a concessionaire for a covered recreation facility, 

4 if applicable, shall enter into at least 1 agreement or land 

5 use authorization under subsection (b) in— 

6 (1) a unit of the National Forest System in 

7 each region of the National Forest System; and 

8 (2) Federal recreational lands and waters ad9 ministered by the Director of the Bureau of Land 

10 Management in not fewer than 5 States in which the 

11 Bureau of Land Management administers Federal 

12 recreational lands and waters. 

13 (d) REQUIREMENTS.— 

14 (1) DEVELOPMENT PLANS.—Before entering 

15 into an agreement or issuing a land use authoriza16 tion under subsection (b), an eligible entity shall 

17 submit to the Secretary concerned a development 

18 plan that— 

19 (A) describes investments in the covered 

20 recreation facility to be made by the eligible en21 tity during the first 3 years of the agreement 

22 or land use authorization; 

23 (B) describes annual maintenance spend24 ing for each year of the agreement or land use 

25 authorization; and 


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1 (C) includes any other terms and condi2 tions determined to be necessary or appropriate 

3 by the Secretary concerned. 

4 (2) AGREEMENTS AND LAND USE AUTHORIZA5 TIONS.—An agreement or land use authorization 

6 under subsection (b) shall— 

7 (A) be for a term of not more than 30 

8 years, commensurate with the level of invest9 ment; 

10 (B) require that, not later than 3 years 

11 after the date on which the Secretary concerned 

12 enters into the agreement or issues or amends 

13 the land use authorization, the applicable eligi14 ble entity shall expend, place in an escrow ac15 count for the eligible entity to expend, or de16 posit in a special account in the Treasury for 

17 expenditure by the Secretary concerned, without 

18 further appropriation, for covered activities re19 lating to the applicable covered recreation facil20 ity, an amount or specified percentage, as de21 termined by the Secretary concerned, which 

22 shall be equal to not less than $2,000,000, of 

23 the anticipated receipts for the term of the 

24 agreement or land use authorization; 


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1 (C) require the eligible entity to operate 

2 and maintain the covered recreation facility and 

3 any associated infrastructure designated by the 

4 Secretary concerned in a manner acceptable to 

5 the Secretary concerned and the eligible entity; 

6 (D) include any terms and conditions that 

7 the Secretary concerned determines to be nec8 essary for a special use permit issued under 

9 section 7 of the Act of April 24, 1950 (com10 monly known as the ‘‘Granger-Thye Act’’) (64 

11 Stat. 84, chapter 97; 16 U.S.C. 580d), includ12 ing the payment described in subparagraph (E) 

13 or the Federal Land Policy and Management 

14 Act of 1976 (43 U.S.C. 1701 et seq.), as appli15 cable; 

16 (E) provide for payment to the Federal 

17 Government of a fee or a sharing of revenue— 

18 (i) consistent with— 

19 (I) the land use fee for a special 

20 use permit authorized under section 7 

21 of the Act of April 24, 1950 (com22 monly known as the ‘‘Granger-Thye 

23 Act’’) (64 Stat. 84, chapter 97; 16 

24 U.S.C. 580d); or 


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1 (II) the value to the eligible enti2 ty of the rights provided by the agree3 ment or land use authorization, taking 

4 into account the capital invested by, 

5 and obligations of, the eligible entity 

6 under the agreement or land use au7 thorization; and 

8 (ii) all or part of which may be offset 

9 by the work to be performed at the ex10 pense of the eligible entity that is separate 

11 from the routine costs of operating and 

12 maintaining the applicable covered recre13 ation facility and any associated infrastruc14 ture designated by the Secretary con15 cerned, as determined to be appropriate by 

16 the Secretary concerned; 

17 (F) include provisions stating that— 

18 (i) the eligible entity shall obtain no 

19 property interest in the covered recreation 

20 facility pursuant to the expenditures of the 

21 eligible entity, as required by the agree22 ment or land use authorization; 

23 (ii) all structures and other improve24 ments constructed, reconstructed, or non25 routinely maintained by that entity under 


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1 the agreement or land use authorization on 

2 land owned by the United States shall be 

3 the property of the United States; and 

4 (iii) the eligible entity shall be solely 

5 responsible for any cost associated with the 

6 decommissioning or removal of a capital 

7 improvement, if needed, at the conclusion 

8 of the agreement or land use authorization; 

9 and 

10 (G) be subject to any other terms and con11 ditions determined to be necessary or appro12 priate by the Secretary concerned. 

13 (e) LAND USE FEE RETENTION.—A land use fee 

14 paid or revenue shared with the Secretary concerned 

15 under an agreement or land use authorization under this 

16 section shall be available for expenditure by the Secretary 

17 concerned for recreation-related purposes on the unit of 

18 Federal recreational lands and waters at which the land 

19 use fee or revenue is collected, without further appropria20 tion. 

21 SEC. 137. FOREST SERVICE PAY-FOR-PERFORMANCE 

22 PROJECTS. 

23 (a) DEFINITIONS.—In this section: 

24 (1) INDEPENDENT EVALUATOR.—The term 

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1 tity, including an institution of higher education, 

2 that is selected by the pay-for-performance bene3 ficiary and pay-for-performance investor, as applica4 ble, or by the pay-for-performance project developer, 

5 in consultation with the Secretary of Agriculture, to 

6 make the determinations and prepare the reports re7 quired under subsection (e). 

8 (2) NATIONAL FOREST SYSTEM LAND.—The 

9 term ‘‘National Forest System land’’ means land in 

10 the National Forest System (as defined in section 

11 11(a) of the Forest and Rangeland Renewable Re12 sources Planning Act of 1974 (16 U.S.C. 1609(a))). 

13 (3) PAY-FOR-PERFORMANCE AGREEMENT.—The 

14 term ‘‘pay-for-performance agreement’’ means a mu15 tual benefit agreement (excluding a procurement 

16 contract, grant agreement, or cooperative agreement 

17 described in chapter 63 of title 31, United States 

18 Code) for a pay-for-performance project— 

19 (A) with a term of— 

20 (i) not less than 1 year; and 

21 (ii) not more than 20 years; and 

22 (B) that is executed, in accordance with 

23 applicable law, by— 

24 (i) the Secretary of Agriculture; and 


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1 (ii) a pay-for-performance beneficiary 

2 or pay-for-performance project developer. 

3 (4) PAY-FOR-PERFORMANCE BENEFICIARY.— 

4 The term ‘‘pay-for-performance beneficiary’’ means 

5 a State or local government, an Indian Tribe, or a 

6 nonprofit or for-profit organization that— 

7 (A) repays capital loaned upfront by a pay8 for-performance investor, based on a project 

9 outcome specified in a pay-for-performance 

10 agreement; or 

11 (B) provides capital directly for costs asso12 ciated with a pay-for-performance project. 

13 (5) PAY-FOR-PERFORMANCE INVESTOR.—The 

14 term ‘‘pay-for-performance investor’’ means a State 

15 or local government, an Indian Tribe, or a nonprofit 

16 or for-profit organization that provides upfront 

17 loaned capital for a pay-for-performance project with 

18 the expectation of a financial return dependent on a 

19 project outcome. 

20 (6) PAY-FOR-PERFORMANCE PROJECT.—The 

21 term ‘‘pay-for-performance project’’ means a project 

22 that— 

23 (A) would provide or enhance a rec24 reational opportunity; 

25 (B) is conducted on— 


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1 (i) National Forest System land; or 

2 (ii) other land, if the activities would 

3 benefit National Forest System land (in4 cluding a recreational use of National For5 est System land); and 

6 (C) would use an innovative funding or fi7 nancing model that leverages— 

8 (i) loaned capital from a pay-for-per9 formance investor to cover upfront costs 

10 associated with a pay-for-performance 

11 project, with the loaned capital repaid by a 

12 pay-for-performance beneficiary at a rate 

13 of return dependent on a project outcome, 

14 as measured by an independent evaluator; 

15 or 

16 (ii) capital directly from a pay-for-per17 formance beneficiary to support costs asso18 ciated with a pay-for-performance project 

19 in an amount based on an anticipated 

20 project outcome. 

21 (7) PAY-FOR-PERFORMANCE PROJECT DEVEL22 OPER.—The term ‘‘pay-for-performance project de23 veloper’’ means a nonprofit or for-profit organization 

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1 oping or implementing a pay-for-performance agree2 ment or a pay-for-performance project. 

3 (8) PROJECT OUTCOME.—The term ‘‘project 

4 outcome’’ means a measurable, beneficial result 

5 (whether economic, environmental, or social) that is 

6 attributable to a pay-for-performance project and de7 scribed in a pay-for-performance agreement. 

8 (b) ESTABLISHMENT OF PILOT PROGRAM.—The Sec9 retary of Agriculture shall establish a pilot program in ac10 cordance with this section to carry out 1 or more pay11 for-performance projects. 

12 (c) PAY-FOR-PERFORMANCE PROJECTS.— 

13 (1) IN GENERAL.—Using funds made available 

14 through a pay-for-performance agreement or appro15 priations, all or any portion of a pay-for-perform16 ance project may be implemented by— 

17 (A) the Secretary of Agriculture; or 

18 (B) a pay-for-performance project devel19 oper or a third party, subject to the conditions 

20 that— 

21 (i) the Secretary of Agriculture shall 

22 approve the implementation by the pay-for23 performance project developer or third 

24 party; and 


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1 (ii) the implementation is in accord2 ance with applicable law. 

3 (2) RELATION TO LAND MANAGEMENT

4 PLANS.—A pay-for-performance project carried out 

5 under this section shall be consistent with any appli6 cable land management plan developed under section 

7 6 of the Forest and Rangeland Renewable Resources 

8 Planning Act of 1974 (16 U.S.C. 1604). 

9 (3) OWNERSHIP.— 

10 (A) NEW IMPROVEMENTS.—The United 

11 States shall have title to any improvements in12 stalled on National Forest System land as part 

13 of a pay-for-performance project. 

14 (B) EXISTING IMPROVEMENTS.—Investing 

15 in, conducting, or completing a pay-for-perform16 ance project on National Forest System land 

17 shall not affect the title of the United States 

18 to— 

19 (i) any federally owned improvements 

20 involved in the pay-for-performance 

21 project; or 

22 (ii) the underlying land. 

23 (4) SAVINGS CLAUSE.—The carrying out of any 

24 action for a pay-for-performance project does not 


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1 provide any right to any party to a pay-for-perform2 ance agreement. 

3 (5) POTENTIAL CONFLICTS.—Before approving 

4 a pay-for-performance project under this section, the 

5 Secretary of Agriculture shall consider and seek to 

6 avoid potential conflicts (including economic com7 petition) with any existing written authorized use. 

8 (d) PROJECT AGREEMENTS.— 

9 (1) IN GENERAL.—Notwithstanding the Act of 

10 June 30, 1914 (38 Stat. 430, chapter 131; 16 

11 U.S.C. 498), or subtitle C of title XX of the Social 

12 Security Act (42 U.S.C. 1397n et seq.), in carrying 

13 out the pilot program under this section, the Sec14 retary of Agriculture may enter into a pay-for-per15 formance agreement under which a pay-for-perform16 ance beneficiary, pay-for-performance investor, or 

17 pay-for-performance project developer agrees to pay 

18 for or finance all or part of a pay-for-performance 

19 project. 

20 (2) SIZE LIMITATION.—The Secretary of Agri21 culture may not enter into a pay-for-performance 

22 agreement under the pilot program under this sec23 tion for a pay-for-performance project valued at 

24 more than $15,000,000. 

25 (3) FINANCING.— 


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1 (A) IN GENERAL.—A pay-for-performance 

2 agreement shall specify the amounts that a pay3 for-performance beneficiary or a pay-for-per4 formance project developer agrees to pay to a 

5 pay-for-performance investor or a pay-for-per6 formance project developer, as appropriate, in 

7 the event of an independent evaluator deter8 mining pursuant to subsection (e) the degree to 

9 which a project outcome has been achieved. 

10 (B) ELIGIBLE PAYMENTS.—An amount de11 scribed in subparagraph (A) shall be— 

12 (i) based on— 

13 (I) the respective contributions of 

14 the parties under the pay-for-perform15 ance agreement; and 

16 (II) the economic, environmental, 

17 or social benefits derived from the 

18 project outcomes; and 

19 (ii)(I) a percentage of the estimated 

20 value of a project outcome; 

21 (II) a percentage of the estimated cost 

22 savings to the pay-for-performance bene23 ficiary or the Secretary of Agriculture de24 rived from a project outcome; 


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1 (III) a percentage of the enhanced 

2 revenue to the pay-for-performance bene3 ficiary or the Secretary of Agriculture de4 rived from a project outcome; or 

5 (IV) a percentage of the cost of the 

6 pay-for-performance project. 

7 (C) FOREST SERVICE FINANCIAL ASSIST8 ANCE.—Subject to the availability of appropria9 tions, the Secretary of Agriculture may only 

10 contribute funding for a pay-for-performance 

11 project if— 

12 (i) the Secretary of Agriculture dem13 onstrates that— 

14 (I) the pay-for-performance 

15 project will provide a cost savings to 

16 the United States; or 

17 (II) the funding would accelerate 

18 the pace of implementation of an ac19 tivity previously planned to be com20 pleted by the Secretary of Agriculture; 

21 and 

22 (ii) the contribution of the Secretary 

23 of Agriculture has a value that is not more 

24 than 50 percent of the total cost of the 

25 pay-for-performance project. 


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1 (D) SPECIAL ACCOUNT.—Any funds re2 ceived by the Secretary of Agriculture under 

3 subsection (c)(1)— 

4 (i) shall be retained in a separate 

5 fund in the Treasury to be used solely for 

6 pay-for-performance projects; and 

7 (ii) shall remain available until ex8 pended and without further appropriation. 

9 (4) MAINTENANCE AND DECOMMISSIONING OF

10 PAY-FOR-PERFORMANCE PROJECT IMPROVE11 MENTS.—A pay-for-performance agreement shall— 

12 (A) include a plan for maintaining any 

13 capital improvement constructed as part of a 

14 pay-for-performance project after the date on 

15 which the pay-for-performance project is com16 pleted; and 

17 (B) specify the party that will be respon18 sible for decommissioning the improvements as19 sociated with the pay-for-performance project— 

20 (i) at the end of the useful life of the 

21 improvements; 

22 (ii) if the improvements no longer 

23 serve the purpose for which the improve24 ments were developed; or 


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1 (iii) if the pay-for-performance project 

2 fails. 

3 (5) TERMINATION OF PAY-FOR-PERFORMANCE

4 PROJECT AGREEMENTS.—The Secretary of Agri5 culture may unilaterally terminate a pay-for-per6 formance agreement, in whole or in part, for any 

7 program year beginning after the program year dur8 ing which the Secretary of Agriculture provides to 

9 each party to the pay-for-performance agreement a 

10 notice of the termination. 

11 (e) INDEPENDENT EVALUATIONS.— 

12 (1) PROGRESS REPORTS.—An independent eval13 uator shall submit to the Secretary of Agriculture 

14 and each party to the applicable pay-for-performance 

15 agreement— 

16 (A) by not later than 2 years after the 

17 date on which the pay-for-performance agree18 ment is executed, and at least once every 2 

19 years thereafter, a written report that summa20 rizes the progress that has been made in achiev21 ing each project outcome; and 

22 (B) before the first scheduled date for a 

23 payment described in subsection (d)(3)(A), and 

24 each subsequent date for payment, a written re25 port that— 


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1 (i) summarizes the results of the eval2 uation conducted by the independent eval3 uator to determine whether a payment 

4 should be made pursuant to the pay-for5 performance agreement; and 

6 (ii) analyzes the reasons why a project 

7 outcome was achieved or was not achieved. 

8 (2) FINAL REPORTS.—Not later than 180 days 

9 after the date on which a pay-for-performance 

10 project is completed, the independent evaluator shall 

11 submit to the Secretary of Agriculture and each 

12 party to the pay-for-performance agreement a writ13 ten report that includes, with respect to the period 

14 covered by the report— 

15 (A) an evaluation of the effects of the pay16 for-performance project with respect to each 

17 project outcome; 

18 (B) a determination of whether the pay19 for-performance project has met each project 

20 outcome; and 

21 (C) the amount of the payments made for 

22 the pay-for-performance project pursuant to 

23 subsection (d)(3)(A). 

24 (f) ADDITIONAL FOREST SERVICE-PROVIDED AS25 SISTANCE.— 


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1 (1) TECHNICAL ASSISTANCE.—The Secretary of 

2 Agriculture may provide technical assistance to fa3 cilitate pay-for-performance project development, 

4 such as planning, permitting, site preparation, and 

5 design work. 

6 (2) CONSULTANTS.—Subject to the availability 

7 of appropriations, the Secretary of Agriculture may 

8 hire a contractor— 

9 (A) to conduct a feasibility analysis of a 

10 proposed pay-for-performance project; 

11 (B) to assist in the development, imple12 mentation, or evaluation of a proposed pay-for13 performance project or a pay-for-performance 

14 agreement; or 

15 (C) to assist with an environmental anal16 ysis of a proposed pay-for-performance project. 

17 (g) SAVINGS CLAUSE.—The Secretary of Agriculture 

18 shall approve a record of decision, decision notice, or deci19 sion memo for any activities to be carried out on National 

20 Forest System land as part of a pay-for-performance 

21 project before the Secretary of Agriculture may enter into 

22 a pay-for-performance agreement involving the applicable 

23 pay-for-performance project. 

24 (h) DURATION OF PILOT PROGRAM.— 


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1 (1) SUNSET.—The authority to enter into a 

2 pay-for-performance agreement under this section 

3 terminates on September 30, 2033. 

4 (2) SAVINGS CLAUSE.—Nothing in paragraph 

5 (1) affects any pay-for-performance project agree6 ment entered into by the Secretary of Agriculture 

7 under this section before the date described in that 

8 paragraph. 

9 Subtitle D—Engagement 

10 SEC. 141. IDENTIFYING OPPORTUNITIES FOR RECREATION. 

11 (a) DEFINITION OF LAND USE PLAN.—In this sec12 tion, the term ‘‘land use plan’’ means— 

13 (1) a land use plan prepared by the Secretary 

14 pursuant to section 202 of the Federal Land Policy 

15 and Management Act of 1976 (43 U.S.C. 1712); 

16 and 

17 (2) a land management plan prepared by the 

18 Forest Service for a unit of the National Forest 

19 Service pursuant to section 6 of the Forest and 

20 Rangeland Renewable Resources Planning Act of 

21 1974 (16 U.S.C. 1604). 

22 (b) INVENTORY AND ASSESSMENTS.— 

23 (1) IN GENERAL.—The Secretaries shall— 


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1 (A) conduct a single inventory and assess2 ment of recreation resources for Federal rec3 reational lands and waters; and 

4 (B) publish the inventory and assessment 

5 conducted under subparagraph (A) for public 

6 comment. 

7 (2) UNIQUE RECREATION VALUES.—An inven8 tory and assessment conducted under paragraph (1) 

9 shall recognize— 

10 (A) any unique recreation values and 

11 recreation opportunities; and 

12 (B) areas of concentrated recreational use. 

13 (3) INVENTORY.—The inventory conducted 

14 under paragraph (1) shall— 

15 (A) identify, list, and map recreation re16 sources by— 

17 (i) type of recreation opportunity and 

18 type of natural or artificial recreation in19 frastructure; 

20 (ii) to the extent available, the level of 

21 use of the recreation resource as of the 

22 date of the inventory; and 

23 (iii) location; and 

24 (B) identify, to the extent practicable, any 

25 trend relating to recreation opportunities or use 


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1 at a recreation resource identified under sub2 paragraph (A). 

3 (4) ASSESSMENTS.—For any recreation re4 source inventoried under paragraph (1), the Sec5 retary concerned shall assess— 

6 (A) the level of demand for the recreation 

7 resource; 

8 (B) the maintenance needs of, and ex9 penses necessary to administer, the recreation 

10 resource; 

11 (C) the benefits of current and projected 

12 future recreation use, including to the local 

13 economy; 

14 (D) the capacity of the recreation resource 

15 to meet the demand described in subparagraph 

16 (A), including the relationship of current and 

17 projected future recreation use on— 

18 (i) natural, cultural, and other re19 sources; 

20 (ii) other authorized uses and activi21 ties on the Federal recreational lands and 

22 waters subject to the applicable land use 

23 plan; and 

24 (iii) existing infrastructure; 


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1 (E) the suitability for developing, expand2 ing, or enhancing the recreation resource; 

3 (F) technological developments and innova4 tion that affects recreation use; and 

5 (G) the adequacy of the current manage6 ment of the recreation resource. 

7 (c) FUTURE RECREATION NEEDS AND MANAGE8 MENT.— 

9 (1) FUTURE NEEDS.—Based on the inventory 

10 and assessment conducted under subsection (b)(1), 

11 the Secretary concerned shall— 

12 (A) estimate future recreation needs 

13 through a collaborative process; 

14 (B) identify underutilized locations that 

15 are suitable for developing, expanding, or en16 hancing recreation use; and 

17 (C) select additional high-value recreation 

18 resources at which to encourage recreation use, 

19 consistent with the applicable land use plan. 

20 (2) CONSIDERATIONS.—In selecting a high21 value recreation resource under paragraph (1)(C), 

22 the Secretary concerned shall consider the following: 

23 (A) The future recreation needs estimated 

24 under paragraph (1)(A). 


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1 (B) The maintenance needs of, and the ex2 penses necessary to administer, the high-value 

3 recreation resource. 

4 (C) The presence of partner organizations 

5 prepared to assist in the stewardship of the 

6 high-value recreation resource. 

7 (D) The benefits of recreation use, includ8 ing benefits to the local economy. 

9 (E) The impacts of recreation use on— 

10 (i) natural, cultural, or other re11 sources; 

12 (ii) other authorized uses and activi13 ties on the Federal recreational lands and 

14 waters subject to any applicable land use 

15 plan; and 

16 (iii) adjacent landowners. 

17 (3) MANAGEMENT.—The Secretary concerned 

18 shall— 

19 (A) seek input from the public, including 

20 adjacent landowners and individuals or entities 

21 with existing land use authorizations, with re22 spect to the management of any high-value 

23 recreation resource identified under paragraph 

24 (1)(C); 


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1 (B) maintain or enhance the recreation 

2 values and encourage recreation use of the 

3 high-value recreation resource identified, sub4 ject to the availability of appropriations and 

5 consistent with any applicable multiple-use 

6 mandates; and 

7 (C) manage a high-value recreation re8 source under this paragraph in a manner that 

9 is consistent with applicable law. 

10 (d) EXISTING EFFORTS.—To the extent practicable, 

11 the Secretary concerned shall utilize or incorporate exist12 ing applicable research and planning decisions and proc13 esses in carrying out this section. 

14 (e) CONFORMING AMENDMENTS.—Section 200103 of 

15 title 54, United States Code, is amended— 

16 (1) by striking subsection (d); and 

17 (2) by redesignating subsections (e), (f), (g), 

18 (h), and (i) as subsections (d), (e), (f), (g), and (h), 

19 respectively. 

20 SEC. 142. FEDERAL INTERAGENCY COUNCIL ON OUTDOOR 

21 RECREATION. 

22 (a) IN GENERAL.—Section 200104 of title 54, United 

23 States Code, is amended to read as follows: 


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1 ‘‘§ 200104. Federal Interagency Council on Outdoor 

2 Recreation 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) COUNCIL.—The term ‘Council’ means the 

5 Federal Interagency Council on Outdoor Recreation 

6 established under subsection (b). 

7 ‘‘(2) FEDERAL RECREATIONAL LANDS AND

8 WATERS.—The term ‘Federal recreational lands and 

9 waters’ has the meaning given the term in section 

10 802 of the Federal Lands Recreation Enhancement 

11 Act (16 U.S.C. 6801). 

12 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab13 lish an interagency council, to be known as the ‘Federal 

14 Interagency Council on Outdoor Recreation’. 

15 ‘‘(c) COMPOSITION.— 

16 ‘‘(1) IN GENERAL.—The Council shall be com17 posed of representatives of the following depart18 ments and agencies, to be appointed by the head of 

19 the applicable department or agency: 

20 ‘‘(A) The National Park Service. 

21 ‘‘(B) The Bureau of Land Management. 

22 ‘‘(C) The United States Fish and Wildlife 

23 Service. 

24 ‘‘(D) The Bureau of Indian Affairs. 

25 ‘‘(E) The Bureau of Reclamation. 

26 ‘‘(F) The Forest Service. 


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1 ‘‘(G) The Corps of Engineers. 

2 ‘‘(H) The National Oceanic and Atmos3 pheric Administration. 

4 ‘‘(2) ADDITIONAL PARTICIPANTS.—In addition 

5 to the members described in paragraph (1), the Sec6 retary may invite participation in the meetings or 

7 other activities of the Council from among the fol8 lowing: 

9 ‘‘(A) The Council on Environmental Qual10 ity. 

11 ‘‘(B) The Natural Resources Conservation 

12 Service. 

13 ‘‘(C) Rural development programs of the 

14 Department of Agriculture. 

15 ‘‘(D) The Economic Development Adminis16 tration. 

17 ‘‘(E) The National Travel and Tourism Of18 fice of the Department of Commerce. 

19 ‘‘(F) The National Center for Chronic Dis20 ease Prevention and Health Promotion. 

21 ‘‘(G) The Environmental Protection Agen22 cy. 

23 ‘‘(H) The Department of Transportation. 

24 ‘‘(I) The Tennessee Valley Authority. 


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1 ‘‘(J) The Bureau of Economic Analysis of 

2 the Department of Commerce. 

3 ‘‘(K) The National Marine Fisheries Serv4 ice. 

5 ‘‘(L) The Federal Energy Regulatory Com6 mission. 

7 ‘‘(M) The Federal Highway Administra8 tion. 

9 ‘‘(N) An applicable State agency or office. 

10 ‘‘(O) An applicable agency or office of a 

11 local government. 

12 ‘‘(3) STATE COORDINATION.—In determining 

13 additional participants under paragraph (2), the 

14 Secretary shall seek to ensure that not fewer than 

15 1 State is invited to participate in each meeting or 

16 other activity of the Council. 

17 ‘‘(4) LEADERSHIP.—The leadership of the 

18 Council shall rotate annually among the members of 

19 the Council described in paragraph (1), or as other20 wise determined by the Secretary, in consultation 

21 with the Secretary of Agriculture, the Secretary of 

22 Commerce, and the Secretary of Defense. 

23 ‘‘(5) FUNDING.—Notwithstanding section 708 

24 of division E of the Consolidated Appropriations Act, 

25 2023 (Public Law 117–328), the members of the 


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1 Council described in paragraph (1) may enter into 

2 agreements to share the management and oper3 ational costs of the Council. 

4 ‘‘(d) COORDINATION.—The Council shall meet as fre5 quently as appropriate for the purposes of coordinating— 

6 ‘‘(1) the implementation of the America’s Out7 door Recreation Act of 2023, including carrying out 

8 any reports required under that Act or an amend9 ment made by that Act; 

10 ‘‘(2) recreation management policies across 

11 Federal agencies, including implementation of the 

12 Federal Lands Recreation Enhancement Act (16 

13 U.S.C. 6801 et seq.); 

14 ‘‘(3) the response by an agency that manages 

15 Federal recreational lands and waters to public 

16 health emergencies or other emergencies that result 

17 in disruptions to, or closures of, Federal recreational 

18 lands and waters; 

19 ‘‘(4) the expenditure of funds relating to out20 door recreation on Federal recreational lands and 

21 waters, including funds made available under section 

22 40804(b)(7) of the Infrastructure Investment and 

23 Jobs Act (16 U.S.C. 6592a(b)(7)); 


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1 ‘‘(5) the adoption and expansion of emerging 

2 technologies on Federal recreational lands and 

3 waters; 

4 ‘‘(6) research activities, including quantifying 

5 the economic impacts of recreation; 

6 ‘‘(7) dissemination to the public of outdoor 

7 recreation-related information (including information 

8 relating to opportunities, reservations, accessibility, 

9 and closures), in a manner that ensures the recre10 ation-related information is easily accessible with 

11 modern communication devices; 

12 ‘‘(8) the improvement of access to Federal rec13 reational lands and waters; and 

14 ‘‘(9) the identification and engagement of part15 ners outside the Federal Government— 

16 ‘‘(A) to promote outdoor recreation; 

17 ‘‘(B) to facilitate collaborative management 

18 of outdoor recreation; and 

19 ‘‘(C) to provide additional resources relat20 ing to enhancing outdoor recreation opportuni21 ties. 

22 ‘‘(e) EFFECT.—Nothing in this section affects the au23 thorities, regulations, or policies of any Federal agency de24 scribed in paragraph (1) or (2) of subsection (c).’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter 2001 of title 54, United States Code, is 

3 amended by striking the item relating to section 200104 

4 and inserting the following: 

‘‘200104. Federal Interagency Council on Outdoor Recreation.’’. 

5 SEC. 143. INFORMING THE PUBLIC OF ACCESS CLOSURES. 

6 (a) IN GENERAL.—The Secretaries shall, to the ex7 tent practicable and in a timely fashion, alert the public 

8 to any closure or disruption to public campsites, trails, 

9 roads, and other public areas and access points under the 

10 jurisdiction of the applicable Secretary. 

11 (b) ONLINE ALERT.—An alert under subsection (a) 

12 shall be posted online on a public website of the appro13 priate land unit in a manner that— 

14 (1) ensures that the public can easily find the 

15 alert in searching for the applicable campsite, trail, 

16 road, or other access point; and 

17 (2) consolidates all alerts under subsection (a). 

18 SEC. 144. IMPROVED RECREATION VISITATION DATA. 

19 (a) CONSISTENT VISITATION DATA.— 

20 (1) ANNUAL VISITATION DATA.—The Secre21 taries shall establish a single visitation data report22 ing system to report accurate annual visitation data, 

23 in a consistent manner, for— 

24 (A) each unit of Federal recreational lands 

25 and waters; and 


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1 (B) land held in trust for an Indian Tribe, 

2 on request of the Indian Tribe. 

3 (2) CATEGORIES OF USE.—Within the visitation 

4 data reporting system established under paragraph 

5 (1), the Secretaries shall— 

6 (A) establish multiple categories of dif7 ferent recreation activities that are reported 

8 consistently across agencies; and 

9 (B) provide an estimate of the number of 

10 visitors for each applicable category established 

11 under subparagraph (A) for each unit of Fed12 eral recreational lands and waters. 

13 (b) REAL-TIME DATA PILOT PROGRAM.— 

14 (1) IN GENERAL.—Not later than 2 years after 

15 the date of enactment of this Act, using existing 

16 funds available to the Secretaries, the Secretaries 

17 shall carry out a pilot program, to be known as the 

18 ‘‘Real-time Data Pilot Program’’ (referred to in this 

19 section as the ‘‘Pilot Program’’), to make available 

20 to the public, for each unit of Federal recreational 

21 lands and waters selected for participation in the 

22 Pilot Program under paragraph (2)— 

23 (A) real-time or predictive data on visita24 tion (including data and resources publicly 


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1 available from existing nongovernmental plat2 form) at— 

3 (i) the unit of Federal recreational 

4 lands and waters; 

5 (ii) to the extent practicable, areas 

6 within the unit of Federal recreational 

7 lands and waters; and 

8 (iii) to the extent practicable, recre9 ation sites managed by any other Federal 

10 agency, a State agency, or a local agency 

11 that are located near the unit of Federal 

12 recreational lands and waters; and 

13 (B) through multiple media platforms, in14 formation about lesser-known, suitable recre15 ation sites located near the unit of Federal rec16 reational lands and waters (including recreation 

17 sites managed by any other Federal agency, a 

18 State agency, or a local agency), in an effort to 

19 encourage visitation among recreational sites. 

20 (2) LOCATIONS.— 

21 (A) INITIAL NUMBER OF UNITS.—On es22 tablishment of the Pilot Program, the Secre23 taries shall select for participation in the Pilot 

24 Program— 


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1 (i) 15 units of Federal recreational 

2 lands and waters managed by the Sec3 retary; and 

4 (ii) 5 units of Federal recreational 

5 lands and waters managed by the Sec6 retary of Agriculture (acting through the 

7 Chief of the Forest Service). 

8 (B) EXPANSION.—Subject to paragraph 

9 (4), not later than 5 years after the date of en10 actment of this Act, the Secretaries shall ex11 pand the Pilot Program by selecting 80 addi12 tional units of Federal recreational lands and 

13 waters managed by the Secretaries for partici14 pation in the Pilot Program, not fewer than 50 

15 of which shall be units managed by the Sec16 retary. 

17 (C) FEEDBACK; SUPPORT OF GATEWAY

18 COMMUNITIES.—The Secretaries shall— 

19 (i) solicit feedback regarding partici20 pation in the Pilot Program from commu21 nities adjacent to units of Federal rec22 reational lands and waters and the public; 

23 and 

24 (ii) in carrying out subparagraphs (A) 

25 and (B), select a unit of Federal recreation 


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1 lands and waters to participate in the Pilot 

2 Program only if the Secretaries determine 

3 that the communities adjacent to the unit 

4 of Federal recreational lands and waters 

5 support the participation. 

6 (3) DISSEMINATION OF INFORMATION.—The 

7 Secretaries may disseminate the information de8 scribed in paragraph (1) directly or through an enti9 ty or organization referred to in subsection (c). 

10 (4) REPORT ON BEST PRACTICES.—Before ex11 panding the Pilot Program under paragraph (2)(B), 

12 the Secretaries shall submit to the Committee on 

13 Energy and Natural Resources of the Senate and 

14 the Committee on Natural Resources of the House 

15 of Representatives a report describing best practices 

16 for the Pilot Program. 

17 (c) COMMUNITY PARTNERS AND THIRD-PARTY PRO18 VIDERS.—For purposes of carrying out this section, the 

19 Secretary concerned may— 

20 (1) coordinate and partner with— 

21 (A) communities adjacent to units of Fed22 eral recreational lands and waters; 

23 (B) State and local outdoor recreation and 

24 tourism offices; 

25 (C) local governments; 


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1 (D) Indian Tribes; 

2 (E) trade associations; 

3 (F) local outdoor recreation marketing or4 ganizations; 

5 (G) permitted facilitated recreation pro6 viders; or 

7 (H) other relevant stakeholders; and 

8 (2) coordinate or enter into agreements, as ap9 propriate, with private sector and nonprofit part10 ners, including— 

11 (A) technology companies; 

12 (B) geospatial data companies; 

13 (C) experts in data science, analytics, and 

14 operations research; or 

15 (D) data companies. 

16 (d) EXISTING PROGRAMS.—The Secretaries may use 

17 existing programs or products of the Secretaries to carry 

18 out this section. 

19 (e) PRIVACY CLAUSES.—Nothing in this section pro20 vides authority to the Secretaries— 

21 (1) to monitor or record the identity or move22 ments of a visitor to a unit of Federal recreational 

23 lands and waters; 


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1 (2) to restrict, interfere with, or monitor a pri2 vate communication of a visitor to a unit of Federal 

3 recreational lands and waters; or 

4 (3) to collect— 

5 (A) information from owners of land adja6 cent to a unit of Federal recreational lands and 

7 waters; or 

8 (B) information on non-Federal land. 

9 (f) REPORTS.—Not later than January 1, 2025, and 

10 annually thereafter, the Secretaries shall publish on a 

11 website of the Secretaries a report that describes the an12 nual visitation of each unit of Federal recreational lands 

13 and waters, including, to the maximum extent practicable, 

14 visitation categorized by recreational activity. 

15 SEC. 145. MONITORING FOR IMPROVED RECREATION DECI16 SION MAKING. 

17 (a) IN GENERAL.—The Secretaries shall seek to cap18 ture comprehensive recreation use data to better under19 stand and inform decision making by the Secretaries. 

20 (b) PILOT PROTOCOLS.—Not later than 1 year after 

21 the date of enactment of this Act, and after public notice 

22 and comment, the Secretaries shall establish pilot proto23 cols at not fewer than 10 land management units under 

24 the jurisdiction of each of the Secretaries to model recre25 ation use patterns (including low-use recreation activities 


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1 and dispersed recreation activities) that may not be effec2 tively measured by existing general and opportunistic sur3 vey and monitoring protocols. 

4 SEC. 146. ACCESS FOR SERVICEMEMBERS AND VETERANS. 

5 The Secretaries are encouraged to work with the Sec6 retary of Defense and the Secretary of Veterans Affairs 

7 to ensure servicemembers and veterans have access to out8 door recreation and outdoor-related volunteer and wellness 

9 programs as a part of the basic services provided to 

10 servicemembers and veterans. 

11 SEC. 147. INCREASING YOUTH RECREATION VISITS TO FED12 ERAL LAND. 

13 (a) STRATEGY.—Not later than 1 year after the date 

14 of enactment of this Act, and not less frequently than once 

15 every 5 years thereafter, the Secretaries shall develop and 

16 make public a national strategy, after public notice and 

17 comment, to increase the number of youth recreation visits 

18 to Federal land. 

19 (b) REQUIREMENTS.—A strategy developed under 

20 subsection (a)— 

21 (1) shall— 

22 (A) emphasize increased recreation oppor23 tunities on Federal land for underserved youth; 


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1 (B) establish objectives and quantifiable 

2 targets for increasing youth recreation visits; 

3 and 

4 (C) provide the anticipated costs to achieve 

5 the objectives and meet the targets established 

6 under subparagraph (B); and 

7 (2) shall not establish any preference between 

8 similar recreation facilitated by noncommercial or 

9 commercial entities. 

10 (c) AGREEMENTS.—The Secretaries may enter into 

11 contracts or cost-share agreements (including contracts or 

12 agreements for the acquisition of vehicles) to carry out 

13 this section. 

14 TITLE II—AMENDMENTS TO THE 

15 FEDERAL LANDS RECRE16 ATION ENHANCEMENT ACT 

17 SEC. 201. SHORT TITLE. 

18 The Federal Lands Recreation Enhancement Act (16 

19 U.S.C. 6801 et seq.) is amended by striking section 801 

20 and inserting the following: 

21 ‘‘SEC. 801. SHORT TITLE. 

22 ‘‘This title may be cited as the ‘Federal Lands Recre23 ation Enhancement Act’.’’. 


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1 SEC. 202. DEFINITIONS. 

2 Section 802 of the Federal Lands Recreation En3 hancement Act (16 U.S.C. 6801) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘this Act’’ and inserting ‘‘this title’’; 

6 (2) in paragraph (1), by striking ‘‘section 3(f)’’ 

7 and inserting ‘‘section 803(f)’’; 

8 (3) in paragraph (2), by striking ‘‘section 3(g)’’ 

9 and inserting ‘‘section 803(g)’’; 

10 (4) in paragraph (6), by striking ‘‘section 

11 5(a)(7)’’ and inserting ‘‘section 805(a)(7)’’; 

12 (5) in paragraph (9), by striking ‘‘section 5(d)’’ 

13 and inserting ‘‘section 805(d)’’; 

14 (6) in paragraph (12), by striking ‘‘section 7’’ 

15 and inserting ‘‘section 807’’; 

16 (7) in paragraph (13), by striking ‘‘section 

17 3(h)’’ and inserting ‘‘section 803(h)(2)’’; 

18 (8) by redesignating paragraphs (1), (3), (4), 

19 (5), (6), (7), (8), (9), (10), (11), and (13) as para20 graphs (15), (1), (3), (4), (5), (6), (7), (8), (11), 

21 (10), and (14), respectively, and moving the para22 graphs so as to appear in numerical order; 

23 (9) by inserting after paragraph (8) (as so re24 designated) the following: 

25 ‘‘(9) RECREATION SERVICE PROVIDER.—The 

26 term ‘recreation service provider’ means a person 


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1 that provides recreational services to the public 

2 under a special recreation permit under clause (iii) 

3 or (iv) of paragraph (13)(A).’’; and 

4 (10) by inserting after paragraph (12) the fol5 lowing: 

6 ‘‘(13) SPECIAL RECREATION PERMIT.— 

7 ‘‘(A) IN GENERAL.—The term ‘special 

8 recreation permit’ means a permit issued by a 

9 Federal land management agency for the use of 

10 Federal recreational lands and waters— 

11 ‘‘(i) for a specialized recreational use 

12 not described in clause (ii), (iii), or (iv), 

13 such as— 

14 ‘‘(I) an organizational camp; 

15 ‘‘(II) a single event that does not 

16 require an entry or participation fee 

17 that is not strictly a sharing of ex18 penses for the purposes of the event; 

19 and 

20 ‘‘(III) participation by the public 

21 in a recreation activity or recreation 

22 use of a specific area of Federal rec23 reational lands and waters in which 

24 use by the public is allocated; 


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1 ‘‘(ii) for a large-group activity or 

2 event for not fewer than 75 participants; 

3 ‘‘(iii) for— 

4 ‘‘(I) at the discretion of the Sec5 retary, a single organized group recre6 ation activity or event (including an 

7 activity or event in which motorized 

8 recreational vehicles are used or in 

9 which outfitting and guiding services 

10 are used) that— 

11 ‘‘(aa) is a structured or 

12 scheduled event or activity; 

13 ‘‘(bb) is not competitive and 

14 is for fewer than 75 participants; 

15 ‘‘(cc) may charge an entry 

16 or participation fee; 

17 ‘‘(dd) involves fewer than 

18 200 visitor-use days; and 

19 ‘‘(ee) is undertaken or pro20 vided by the recreation service 

21 provider at the same site not 

22 more frequently than 3 times a 

23 year; 

24 ‘‘(II) a single competitive event; 

25 or 


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1 ‘‘(III) at the discretion of the 

2 Secretary, a recurring organized 

3 group recreation activity (including an 

4 outfitting and guiding activity) that— 

5 ‘‘(aa) is a structured or 

6 scheduled activity; 

7 ‘‘(bb) is not competitive; 

8 ‘‘(cc) may charge a partici9 pation fee; 

10 ‘‘(dd) occurs in a group size 

11 of fewer than 7 participants; 

12 ‘‘(ee) involves fewer than 40 

13 visitor-use days; and 

14 ‘‘(ff) is undertaken or pro15 vided by the recreation service 

16 provider for a term of not more 

17 than 180 days; or 

18 ‘‘(iv) for— 

19 ‘‘(I) a recurring outfitting, guid20 ing, or, at the discretion of the Sec21 retary, other recreation service, the 

22 authorization for which is for a term 

23 of not more than 10 years; or 

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1 retary, other recreation service, that 

2 occurs under a transitional special 

3 recreation permit authorized under 

4 section 312(a) of the America’s Out5 door Recreation Act of 2023. 

6 ‘‘(B) EXCLUSIONS.—The term ‘special 

7 recreation permit’ does not include— 

8 ‘‘(i) a concession contract for the pro9 vision of accommodations, facilities, or 

10 services; 

11 ‘‘(ii) a commercial use authorization 

12 issued under section 101925 of title 54, 

13 United States Code; or 

14 ‘‘(iii) any other type of permit, includ15 ing a special use permit administered by 

16 the National Park Service.’’. 

17 SEC. 203. SPECIAL RECREATION PERMITS AND FEES. 

18 (a) IN GENERAL.—Section 803 of the Federal Lands 

19 Recreation Enhancement Act (16 U.S.C. 6802) is amend20 ed— 

21 (1) by striking ‘‘this Act’’ each place it appears 

22 and inserting ‘‘this title’’; 

23 (2) in subsection (b)(5), by striking ‘‘section 

24 4(d)’’ and inserting ‘‘section 804(d)’’; and 


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1 (3) by striking subsection (h) and inserting the 

2 following: 

3 ‘‘(h) SPECIAL RECREATION PERMITS AND FEES.— 

4 ‘‘(1) SPECIAL RECREATION PERMITS.— 

5 ‘‘(A) APPLICATIONS.—The Secretary— 

6 ‘‘(i) may develop and make available 

7 to the public an application to obtain a 

8 special recreation permit described in 

9 clause (i) of section 802(13)(A); and 

10 ‘‘(ii) shall develop and make available 

11 to the public an application to obtain a 

12 special recreation permit described in 

13 clause (ii), (iii), or (iv) of section 

14 802(13)(A). 

15 ‘‘(B) ISSUANCE OF PERMITS.—On review 

16 of a completed application developed under sub17 paragraph (A), as applicable, and a determina18 tion by the Secretary that the applicant is eligi19 ble for the special recreation permit, the Sec20 retary may issue to the applicant a special 

21 recreation permit, subject to any terms and 

22 conditions that are determined to be necessary 

23 by the Secretary. 

24 ‘‘(C) INCIDENTAL SALES.—A special recre25 ation permit issued under this paragraph may 


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1 include an authorization for sales that are inci2 dental in nature to the permitted use of the 

3 Federal recreational lands and waters. 

4 ‘‘(2) SPECIAL RECREATION PERMIT FEES.— 

5 ‘‘(A) IN GENERAL.—The Secretary may 

6 charge a special recreation permit fee for the 

7 issuance of a special recreation permit in ac8 cordance with this paragraph. 

9 ‘‘(B) PREDETERMINED SPECIAL RECRE10 ATION PERMIT FEES.— 

11 ‘‘(i) IN GENERAL.—For purposes of 

12 subparagraphs (D) and (E), the Secretary 

13 shall establish and may charge a predeter14 mined fee, described in clause (ii), for a 

15 special recreation permit described in 

16 clause (iii) or (iv) of section 802(13)(A) 

17 for a specific type of use on a unit of Fed18 eral recreational lands and waters, con19 sistent with the criteria set forth in clause 

20 (iii). 

21 ‘‘(ii) TYPE OF FEE.—A predetermined 

22 fee described in clause (i) shall be— 

23 ‘‘(I) a fixed fee that is assessed 

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1 tation or other criteria as determined 

2 to be appropriate by the Secretary; or 

3 ‘‘(II) an amount assessed per vis4 itor-use day. 

5 ‘‘(iii) CRITERIA.—A predetermined fee 

6 under clause (i) shall— 

7 ‘‘(I) have been established before 

8 the date of enactment of the Amer9 ica’s Outdoor Recreation Act of 2023; 

10 ‘‘(II) be established after the 

11 date of enactment of the America’s 

12 Outdoor Recreation Act of 2023, in 

13 accordance with subsection (b); 

14 ‘‘(III)(aa) be established after 

15 the date of enactment of the Amer16 ica’s Outdoor Recreation Act of 2023; 

17 and 

18 ‘‘(bb) be comparable to an 

19 amount described in subparagraph 

20 (D)(ii) or (E)(ii), as applicable; or 

21 ‘‘(IV) beginning on the date that 

22 is 2 years after the date of enactment 

23 of the America’s Outdoor Recreation 

24 Act of 2023, be $6 per visitor-use day 

25 in instances in which the Secretary 


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1 has not established a predetermined 

2 fee under subclause (I), (II), or (III). 

3 ‘‘(C) CALCULATION OF FEES FOR SPECIAL4 IZED RECREATIONAL USES AND LARGE-GROUP

5 ACTIVITIES OR EVENTS.—The Secretary may, 

6 at the discretion of the Secretary, establish and 

7 charge a fee for a special recreation permit de8 scribed in clause (i) or (ii) of section 

9 802(13)(A). 

10 ‘‘(D) CALCULATION OF FEES FOR SINGLE

11 ORGANIZED GROUP RECREATION ACTIVITIES OR

12 EVENTS, COMPETITIVE EVENTS, AND CERTAIN

13 RECURRING ORGANIZED GROUP RECREATION

14 ACTIVITIES.—If the Secretary elects to charge a 

15 fee for a special recreation permit described in 

16 section 802(13)(A)(iii), the Secretary shall 

17 charge the recreation service provider, based on 

18 the election of the recreation service provider— 

19 ‘‘(i) the applicable predetermined fee 

20 established under subparagraph (B); or 

21 ‘‘(ii) an amount equal to a percentage 

22 of, to be determined by the Secretary, but 

23 to not to exceed 5 percent of, adjusted 

24 gross receipts calculated under subpara25 graph (F). 


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1 ‘‘(E) CALCULATION OF FEES FOR TRANSI2 TIONAL PERMITS AND LONG-TERM PERMITS.— 

3 Subject to subparagraph (G), if the Secretary 

4 elects to charge a fee for a special recreation 

5 permit described in section 802(13)(A)(iv), the 

6 Secretary shall charge the recreation service 

7 provider, based on the election of the recreation 

8 service provider— 

9 ‘‘(i) the applicable predetermined fee 

10 established under subparagraph (B); or 

11 ‘‘(ii) an amount equal to a percentage 

12 of, to be determined by the Secretary, but 

13 not to exceed 3 percent of, adjusted gross 

14 receipts calculated under subparagraph 

15 (F). 

16 ‘‘(F) ADJUSTED GROSS RECEIPTS.—For 

17 the purposes of subparagraphs (D)(ii) and 

18 (E)(ii), the Secretary shall calculate the ad19 justed gross receipts collected for each trip or 

20 event authorized under a special recreation per21 mit, using either of the following calculations, 

22 based on the election of the recreation service 

23 provider: 

24 ‘‘(i) The sum of— 


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1 ‘‘(I) the product obtained by mul2 tiplying— 

3 ‘‘(aa) the general amount 

4 paid by participants of the trip or 

5 event to the recreation service 

6 provider for the applicable trip or 

7 event (excluding amounts related 

8 to goods, souvenirs, merchandise, 

9 gear, and additional food pro10 vided or sold by the recreation 

11 service provider); and 

12 ‘‘(bb) the quotient obtained 

13 by dividing— 

14 ‘‘(AA) the number of 

15 days of the trip or event 

16 that occurred on Federal 

17 recreational lands and 

18 waters covered by the special 

19 recreation permit, rounded 

20 to the nearest whole day; by 

21 ‘‘(BB) the total number 

22 of days of the trip or event; 

23 and 

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1 ation service provider for an add-on 

2 activity or an optional excursion that 

3 occurred on the Federal recreational 

4 lands and waters covered by the spe5 cial recreation permit. 

6 ‘‘(ii) The difference between— 

7 ‘‘(I) the total cost paid by the 

8 participants of the trip or event for 

9 the trip or event to the recreation 

10 service provider, including any addi11 tional revenue received by the recre12 ation service provider for an add-on 

13 activity or an optional excursion that 

14 occurred on the Federal recreational 

15 lands and waters covered by the spe16 cial recreation permit; and 

17 ‘‘(II) the sum of— 

18 ‘‘(aa) the amount of any 

19 revenues from goods, souvenirs, 

20 merchandise, gear, and additional 

21 food provided or sold by the 

22 recreation service provider to the 

23 participants of the applicable trip 

24 or event; 


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1 ‘‘(bb) the amount of any 

2 costs or revenues from services 

3 and activities provided or sold by 

4 the recreation service provider to 

5 the participants of the trip or 

6 event that occurred in a location 

7 other than the Federal rec8 reational lands and waters cov9 ered by the special recreation 

10 permit (including costs for travel 

11 and lodging outside the Federal 

12 recreational lands and waters 

13 covered by the special recreation 

14 permit); and 

15 ‘‘(cc) the amount of any rev16 enues from any service provided 

17 by a recreation service provider 

18 for an activity on Federal rec19 reational lands and waters that is 

20 not covered by the special recre21 ation permit. 

22 ‘‘(G) EXCEPTION.—Notwithstanding sub23 paragraph (E), the Secretary may charge a 

24 recreation service provider a minimum annual 


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1 fee for a special recreation permit described in 

2 section 802(13)(A)(iv). 

3 ‘‘(H) SAVINGS CLAUSES.— 

4 ‘‘(i) EFFECT.—Nothing in this para5 graph affects any fee for— 

6 ‘‘(I) a concession contract admin7 istered by the National Park Service 

8 for the provision of accommodations, 

9 facilities, or services; or 

10 ‘‘(II) a commercial use authoriza11 tion for use of Federal recreational 

12 lands and waters managed by the Na13 tional Park Service. 

14 ‘‘(ii) COST RECOVERY.—Nothing in 

15 this paragraph affects the ability of the 

16 Secretary to recover any administrative 

17 costs under section 325 of the America’s 

18 Outdoor Recreation Act of 2023. 

19 ‘‘(iii) SPECIAL RECREATION PERMIT

20 FEES AND OTHER RECREATION FEES.— 

21 The collection of a special recreation per22 mit fee under this paragraph shall not af23 fect the authority of the Secretary to col24 lect an entrance fee, a standard amenity 

25 recreation fee, or an expanded amenity 


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1 recreation fee authorized under subsections 

2 (e), (f), and (g). 

3 ‘‘(i) DISCLOSURE OF RECREATION FEES AND USE

4 OF RECREATION FEES.— 

5 ‘‘(1) NOTICE OF ENTRANCE FEES, STANDARD

6 AMENITY RECREATION FEES, EXPANDED AMENITY

7 RECREATION FEES, AND AVAILABLE RECREATION

8 PASSES.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 post clear notice of any entrance fee, standard 

11 amenity recreation fee, expanded amenity recre12 ation fee, and available recreation passes at ap13 propriate locations in each unit or area of Fed14 eral recreational land and waters at which an 

15 entrance fee, standard amenity recreation fee, 

16 or expanded amenity recreation fee is charged. 

17 ‘‘(B) PUBLICATIONS.—The Secretary shall 

18 include in publications distributed at a unit or 

19 area or described in subparagraph (A) the no20 tice described in that subparagraph. 

21 ‘‘(2) NOTICE OF USES OF RECREATION FEES.— 

22 Beginning on January 1, 2026, the Secretary shall 

23 annually post, at the location at which a recreation 

24 fee described in paragraph (1)(A) is collected, clear 

25 notice of— 


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1 ‘‘(A) the total recreation fees collected dur2 ing each of the 2 preceding fiscal years at the 

3 respective unit or area of the Federal land man4 agement agency; and 

5 ‘‘(B) each use during the preceding fiscal 

6 year of the applicable recreation fee or recre7 ation pass revenues collected under this section. 

8 ‘‘(3) NOTICE OF RECREATION FEE PROJECTS.— 

9 To the extent practicable, the Secretary shall post 

10 clear notice at the location at which work is per11 formed using recreation fee and recreation pass rev12 enues collected under this section. 

13 ‘‘(4) CENTRALIZED REPORTING ON AGENCY

14 WEBSITES.— 

15 ‘‘(A) IN GENERAL.—Not later than Janu16 ary 1, 2025, and not later than 60 days after 

17 the beginning of each fiscal year thereafter, the 

18 Secretary shall post on the website of the appli19 cable Federal land management agency a 

20 searchable list of each use during the preceding 

21 fiscal year of the recreation fee or recreation 

22 pass revenues collected under this section. 

23 ‘‘(B) LIST COMPONENTS.—The list re24 quired under subparagraph (A) shall include, 


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1 with respect to each use described in that sub2 paragraph— 

3 ‘‘(i) a title and description of the over4 all project; 

5 ‘‘(ii) a title and description for each 

6 component of the project; 

7 ‘‘(iii) the location of the project; and 

8 ‘‘(iv) the amount obligated for the 

9 project. 

10 ‘‘(5) NOTICE TO CUSTOMERS.—A recreation 

11 service provider may inform a customer of the recre12 ation service provider of any fee charged by the Sec13 retary under this section.’’. 

14 (b) CONFORMING AMENDMENT.—Section 804 of the 

15 Federal Lands Recreation Enhancement Act (16 U.S.C. 

16 6803) is amended by striking subsection (e). 

17 SEC. 204. ONLINE COLLECTION OF CERTAIN RECREATION 

18 FEES. 

19 Section 803 of the Federal Lands Recreation En20 hancement Act (16 U.S.C. 6802) (as amended by section 

21 203(a)(3)) is amended by adding at the end the following: 

22 ‘‘(j) ONLINE PAYMENTS.— 

23 ‘‘(1) IN GENERAL.—In addition to providing 

24 onsite payment methods, the Secretaries may collect 

25 payment online for— 


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1 ‘‘(A) entrance fees under subsection (e); 

2 ‘‘(B) standard amenity recreation fees; 

3 ‘‘(C) expanded amenity recreation fees; 

4 and 

5 ‘‘(D) special recreation permit fees. 

6 ‘‘(2) DISTRIBUTION OF ONLINE PAYMENTS.— 

7 An online payment collected under paragraph (1) 

8 that is associated with a specific unit or area of a 

9 Federal land management agency shall be distrib10 uted in accordance with section 805(c).’’. 

11 SEC. 205. ONLINE PURCHASES AND ESTABLISHMENT OF A 

12 DIGITAL VERSION OF AMERICA THE BEAU13 TIFUL—THE NATIONAL PARKS AND FEDERAL 

14 RECREATIONAL LANDS PASSES. 

15 Section 805(a) of the Federal Lands Recreation En16 hancement Act (16 U.S.C. 6804(a)) is amended— 

17 (1) in paragraph (6), by striking subparagraph 

18 (A) and inserting the following: 

19 ‘‘(A) IN GENERAL.—The Secretaries shall 

20 sell the National Parks and Federal Rec21 reational Lands Pass— 

22 ‘‘(i) at all Federal recreational lands 

23 and waters at which— 


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1 ‘‘(I) an entrance fee or a stand2 ard amenity recreation fee is charged; 

3 and 

4 ‘‘(II) such sales are feasible; 

5 ‘‘(ii) at such other locations as the 

6 Secretaries determine to be appropriate 

7 and feasible; and 

8 ‘‘(iii) through the website of each of 

9 the Federal land management agencies and 

10 the websites of the relevant units and 

11 subunits of the Federal land management 

12 agencies, which shall include— 

13 ‘‘(I) a prominent link on each 

14 website; and 

15 ‘‘(II) information about where 

16 and when the National Parks and 

17 Federal Recreational Lands Pass may 

18 be used.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(10) DIGITAL RECREATION PASSES.—By not 

21 later than January 1, 2026, the Secretaries shall— 

22 ‘‘(A) establish a digital version of the Na23 tional Parks and Federal Recreational Lands 

24 Pass that is able to be stored on a mobile de25 vice; and 


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1 ‘‘(B) on the completion of a sale carried 

2 out under paragraph (6)(A)(iii), make available 

3 to the passholder the digital version of the Na4 tional Parks and Federal Recreational Lands 

5 Pass established under subparagraph (A).’’. 

6 SEC. 206. AVAILABILITY OF FEDERAL, STATE, AND LOCAL 

7 RECREATION PASSES. 

8 Section 806 of the Federal Lands Recreation En9 hancement Act (16 U.S.C. 6805) is amended by adding 

10 at the end the following: 

11 ‘‘(d) FEDERAL SALES OF STATE AND COUNTY

12 RECREATION PASSES.— 

13 ‘‘(1) IN GENERAL.—On receipt of a request by 

14 a State or county, the Secretaries may, on behalf of 

15 the State or county— 

16 ‘‘(A) sell a pass covering a fee charged by 

17 a State or county for entrance to, or rec18 reational use of, a park or public land in the 

19 State or county; and 

20 ‘‘(B) collect any required fees for a pass 

21 sold under subparagraph (A). 

22 ‘‘(2) REVENUE FROM PASS SALES.—The Secre23 taries shall transfer to the applicable State or county 

24 any amounts collected on behalf of the State or 

25 county under paragraph (1)(B). 


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1 ‘‘(e) COORDINATING THE SALES OF FEDERAL, 

2 STATE, AND LOCAL RECREATION PASSES.—The Secre3 taries, in consultation with States and counties, shall seek 

4 to coordinate the availability of Federal, State, and county 

5 recreation passes to allow an individual to purchase a Fed6 eral recreation pass and a State or county recreation pass 

7 in a single transaction.’’. 

8 SEC. 207. USE OF SPECIAL RECREATION PERMIT FEE REV9 ENUE. 

10 Section 808 of the Federal Lands Recreation En11 hancement Act (16 U.S.C. 6807) is amended— 

12 (1) by striking ‘‘this Act’’ each place it appears 

13 and inserting ‘‘this title’’; 

14 (2) in subsection (a)(3)— 

15 (A) in subparagraph (E), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (F), by striking ‘‘6(a) 

18 or a visitor reservation service.’’ and inserting 

19 ‘‘806(a) or a visitor reservation service;’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(G) the processing of special recreation 

22 permit applications and administration of spe23 cial recreation permits; and 


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1 ‘‘(H) the improvement of the operation of 

2 the special recreation permit program under 

3 section 803(h).’’; and 

4 (3) in subsection (d)— 

5 (A) in paragraph (1), by striking ‘‘section 

6 5’’ and inserting ‘‘section 805’’; and 

7 (B) in paragraph (2), by striking ‘‘section 

8 5’’ and inserting ‘‘section 805’’. 

9 SEC. 208. PERMANENT AUTHORIZATION. 

10 The Federal Lands Recreation Enhancement Act (16 

11 U.S.C. 6801 et seq.) is amended— 

12 (1) by striking section 810; and 

13 (2) by redesignating sections 811 through 815 

14 as sections 810 through 814, respectively. 

15 TITLE III—SPECIAL RECRE16 ATION PERMITS FOR OUTFIT17 TING AND GUIDING 

18 Subtitle A—Administration of Spe19 cial Recreation Permits for Out20 fitting and Guiding 

21 SEC. 311. PERMIT ADMINISTRATION. 

22 (a) PERMIT AVAILABILITY.— 

23 (1) NOTIFICATIONS OF PERMIT AVAIL24 ABILITY.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), in an area of Federal rec3 reational lands and waters in which use by 

4 recreation service providers is allocated, if the 

5 Secretary concerned has determined that vis6 itor-use days are available for allocation to 

7 recreation service providers or holders of a com8 mercial use authorization for outfitting and 

9 guiding, the Secretary concerned shall publish 

10 the information on the website of the agency 

11 that administers the applicable area of Federal 

12 recreational lands and waters. 

13 (B) EFFECT.—Nothing in this para14 graph— 

15 (i) applies to— 

16 (I) the reissuance of an existing 

17 special recreation permit or commer18 cial use authorization for outfitting 

19 and guiding; or 

20 (II) the issuance of a new special 

21 recreation permit or new commercial 

22 use authorization for outfitting and 

23 guiding issued to the purchaser of— 

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1 isting special recreation permit; 

2 or 

3 (bb) a holder of an existing 

4 commercial use authorization for 

5 outfitting and guiding; or 

6 (ii) creates a prerequisite to the 

7 issuance of a special recreation permit or 

8 commercial use authorization for outfitting 

9 and guiding or otherwise limits the author10 ity of the Secretary concerned— 

11 (I) to issue a new special recre12 ation permit or new commercial use 

13 authorization for outfitting and guid14 ing; or 

15 (II) to add a new or additional 

16 use to an existing special recreation 

17 permit or an existing commercial use 

18 authorization for outfitting and guid19 ing. 

20 (2) UPDATES.—The Secretary concerned shall 

21 ensure that information published on the website 

22 under this subsection is consistently updated to pro23 vide current and correct information to the public. 

24 (3) ELECTRONIC MAIL NOTIFICATIONS.—The 

25 Secretary concerned shall establish a system by 


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1 which potential applicants for special recreation per2 mits or commercial use authorizations for outfitting 

3 and guiding may subscribe to receive notification by 

4 electronic mail of the availability of special recre5 ation permits under subsection (h)(1) of section 803 

6 of the Federal Lands Recreation Enhancement Act 

7 (16 U.S.C. 6802) (as amended by section 203(a)(3)) 

8 or commercial use authorizations for outfitting and 

9 guiding. 

10 (b) PERMIT APPLICATION OR PROPOSAL ACKNOWL11 EDGMENTS.— 

12 (1) IN GENERAL.—Not later than 60 days after 

13 the date on which the Secretary concerned receives 

14 a completed application or a complete proposal for 

15 a special recreation permit under subsection (h)(1) 

16 of section 803 of the Federal Lands Recreation En17 hancement Act (16 U.S.C. 6802) (as amended by 

18 section 203(a)(3)), the Secretary concerned shall— 

19 (A) provide to the applicant notice ac20 knowledging receipt of the application or pro21 posal; and 

22 (B)(i) issue a final decision with respect to 

23 the application or proposal; or 


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1 (ii) provide to the applicant notice of a 

2 projected date for a final decision on the appli3 cation or proposal. 

4 (2) EFFECT.—Nothing in this subsection ap5 plies to a concession contract issued by the National 

6 Park Service for the provision of accommodations, 

7 facilities, or services. 

8 SEC. 312. FOREST SERVICE AND BUREAU OF LAND MAN9 AGEMENT TRANSITIONAL SPECIAL RECRE10 ATION PERMITS FOR OUTFITTING AND GUID11 ING. 

12 (a) IN GENERAL.—Not later than 1 year after the 

13 date of enactment of this Act, the Secretary concerned 

14 shall implement a program to authorize the issuance of 

15 transitional special recreation permits for a new or addi16 tional reoccurring outfitting, guiding, or other recreation 

17 service, as determined by the Secretary concerned, on Fed18 eral recreational lands and waters managed by the Chief 

19 of the Forest Service or the Director of the Bureau of 

20 Land Management. 

21 (b) TERM OF TRANSITIONAL PERMITS FOR OUTFIT22 TING AND GUIDING.—A transitional special recreation 

23 permit issued under subsection (a) shall be issued for a 

24 term of 2 years. 


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1 (c) ISSUANCE OF LONG-TERM PERMITS FOR OUTFIT2 TING AND GUIDING.— 

3 (1) IN GENERAL.—On the request of a recre4 ation service provider that holds a transitional spe5 cial recreation permit under the program imple6 mented under subsection (a), the Secretary con7 cerned shall provide for the issuance of a long-term 

8 special recreation permit for outfitting and guiding 

9 to replace the transitional special recreation permit 

10 if the Secretary concerned determines that the recre11 ation service provider— 

12 (A) has held not less than 2 transitional 

13 special recreation permits or similar permits 

14 issued under— 

15 (i) the program implemented under 

16 subsection (a); or 

17 (ii) any other program to issue similar 

18 special recreation permits in existence be19 fore the date of enactment of this Act; 

20 (B) during the 3-year period preceding the 

21 request, has not been determined to have a per22 formance that is less than satisfactory, as de23 termined under the monitoring process de24 scribed in section 314(a), for any transitional 

25 special recreation permits or similar special 


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1 recreation permits issued by the Secretary con2 cerned, including the transitional special recre3 ation permit proposed to be replaced, for the re4 spective unit of Federal recreational lands and 

5 waters; and 

6 (C) notwithstanding section 314(b)(3), has 

7 used not less than 50 percent of the visitor-use 

8 days allocated to the recreation service provider 

9 under the transitional special recreation permit. 

10 (2) TERM.—The term of a long-term special 

11 recreation permit under this subsection issued to re12 place a transitional special recreation permit under 

13 paragraph (1) shall be for a period of 5 or 10 years, 

14 as determined to be appropriate by the Secretary 

15 concerned. 

16 (3) VISITOR-USE DAY ALLOCATIONS.—In re17 placing a transitional special recreation permit under 

18 paragraph (1) with a long-term special recreation 

19 permit for outfitting and guiding, the Secretary con20 cerned may, at the discretion of the Secretary con21 cerned, increase the number of visitor-use days allo22 cated to the recreation service provider under the 

23 long-term special recreation permit for outfitting 

24 and guiding. 


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1 (d) EFFECT.—Nothing in this section alters or af2 fects the authority of the Secretary concerned to issue a 

3 special recreation permit under subsection (h)(1) of sec4 tion 803 of the Federal Lands Recreation Enhancement 

5 Act (16 U.S.C. 6802) (as amended by section 203(a)(3)). 

6 SEC. 313. SURRENDER OF UNUSED VISITOR-USE DAYS. 

7 (a) IN GENERAL.—A recreation service provider hold8 ing a special recreation permit described in paragraph 

9 (13)(A)(iv) of section 802 of the Federal Lands Recre10 ation Enhancement Act (16 U.S.C. 6801) (as amended 

11 by section 202(10)) may— 

12 (1) notify the Secretary concerned of an inabil13 ity to use visitor-use days annually allocated to the 

14 recreation service provider under the special recre15 ation permit; and 

16 (2) surrender to the Secretary concerned the 

17 unused visitor-use days for the applicable year for 

18 temporary reassignment under section 315(b). 

19 (b) DETERMINATION.—To ensure a recreation service 

20 provider described in subsection (a) is able to make an 

21 informed decision before surrendering any unused visitor22 use day under subsection (a)(2), the Secretary concerned 

23 shall, on the request of the applicable recreation service 

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1 quirement described in section 314(b)(3)(B) before the 

2 recreation service provider surrenders the unused visitor3 use day. 

4 SEC. 314. REVIEWS FOR TRANSITIONAL PERMITS AND 

5 LONG-TERM PERMITS. 

6 (a) MONITORING.—The Secretary concerned shall 

7 monitor for compliance a recreation service provider— 

8 (1) annually, in the case of a transitional spe9 cial recreation permit for outfitting and guiding 

10 issued under section 312; 

11 (2) once every 2 years, in the case of a special 

12 recreation permit described in paragraph 

13 (13)(A)(iv)(I) of section 802 of the Federal Lands 

14 Recreation Enhancement Act (16 U.S.C. 6801) (as 

15 amended by section 202(10)) that is issued for a 

16 term of 10 years; 

17 (3) in the case of a special recreation permit re18 placed under section 312 with a long-term special 

19 recreation permit for outfitting and guiding with a 

20 term of 10 years, during each of the 4th, 6th, 8th, 

21 and 10th years in which the long-term special recre22 ation permit is in effect; and 

23 (4) in the case of a special recreation permit re24 placed under section 312 with a long-term special 

25 recreation permit for outfitting and guiding with a 


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1 term of 5 years, during each of the 4th and 5th 

2 years in which the special recreation permit is in ef3 fect. 

4 (b) USE-OF-ALLOCATION REVIEWS.— 

5 (1) IN GENERAL.—If the Secretary of Agri6 culture, acting through the Chief of the Forest Serv7 ice, or the Secretary, as applicable, allocates visitor8 use days among special recreation permits for outfit9 ting and guiding, the Secretary of Agriculture, act10 ing through the Chief of the Forest Service, shall, 

11 and the Secretary may, review the use by the recre12 ation service provider of the visitor-use days allo13 cated— 

14 (A) under a transitional special recreation 

15 permit issued under section 312, not later than 

16 90 days before the date on which the transi17 tional special recreation permit expires; and 

18 (B) under a long-term special recreation 

19 permit described in paragraph (13)(A)(iv)(I) of 

20 section 802 of the Federal Lands Recreation 

21 Enhancement Act (16 U.S.C. 6801) (as amend22 ed by section 202(10)), once every 5 years. 

23 (2) REQUIREMENTS OF THE REVIEW.—In con24 ducting a review under paragraph (1), the Secretary 

25 of Agriculture, acting through the Chief of the ForVerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873

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1 est Service, or the Secretary, as applicable, shall de2 termine— 

3 (A) the number of visitor-use days that the 

4 recreation service provider has used each year 

5 under the transitional special recreation permit 

6 or the special recreation permit, in accordance 

7 with paragraph (3); and 

8 (B) of the years identified under subpara9 graph (A), the year in which the recreation 

10 service provider used the most visitor-use days. 

11 (3) CONSIDERATION OF SURRENDERED, UN12 USED VISITOR-USE DAYS.—For the purposes of de13 termining the number of visitor-use days a recre14 ation service provider has used in a specified year 

15 under paragraph (2)(A), the Secretary of Agri16 culture, acting through the Chief of the Forest Serv17 ice, and the Secretary, as applicable, shall consider 

18 an unused visitor-use day that has been surrendered 

19 under section 313(a)(2) as— 

(A) 1 20 ⁄2 of a visitor-use day used; or 

21 (B) 1 visitor-use day used, if the Secretary 

22 of Agriculture, acting through the Chief of the 

23 Forest Service, or the Secretary, as applicable, 

24 determines the use of the allocated visitor-use 

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1 cumstance beyond the control of the recreation 

2 service provider. 

3 SEC. 315. ADJUSTMENT OF ALLOCATED VISITOR-USE DAYS. 

4 (a) ADJUSTMENTS FOLLOWING USE OF ALLOCATION

5 REVIEWS.—On the completion of a use-of-allocation re6 view of a special recreation permit described in paragraph 

7 (13)(A)(iv)(I) of section 802 of the Federal Lands Recre8 ation Enhancement Act (16 U.S.C. 6801) (as amended 

9 by section 202(10)) conducted under section 314(b), the 

10 Secretary of Agriculture, acting through the Chief of the 

11 Forest Service, or the Secretary, as applicable, shall adjust 

12 the number of visitor-use days allocated to a recreation 

13 service provider under the special recreation permit as fol14 lows: 

15 (1) If the Secretary concerned determines that 

16 the performance of the recreation service provider 

17 was satisfactory during the most recent review con18 ducted under subsection (a) of section 314, the an19 nual number of visitor-use days allocated for each 

20 remaining year of the permit shall be equal to 125 

21 percent of the number of visitor-use days used, as 

22 determined under subsection (b)(2)(A) of that sec23 tion, during the year identified under subsection 

24 (b)(2)(B) of that section, not to exceed the level alloVerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873

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1 cated to the recreation service provider on the date 

2 on which the special recreation permit was issued. 

3 (2) If the Secretary concerned determines the 

4 performance of the recreation service provider is less 

5 than satisfactory during the most recent perform6 ance review conducted under subsection (a) of sec7 tion 314, the annual number of visitor-use days allo8 cated for each remaining year of the special recre9 ation permit shall be equal to not more than 100 

10 percent of the number of visitor-use days used, as 

11 determined under subsection (b)(2)(A) of that sec12 tion during the year identified under subsection 

13 (b)(2)(B) of that section. 

14 (b) TEMPORARY REASSIGNMENT OF UNUSED VIS15 ITOR-USE DAYS.—The Secretary concerned may tempo16 rarily assign unused visitor-use days, made available under 

17 section 313(a)(2) to— 

18 (1) any other existing or potential recreation 

19 service provider, notwithstanding the number of vis20 itor-use days allocated to the special recreation per21 mit holder under the special recreation permit held 

22 or to be held by the recreation service provider; or 

23 (2) any existing or potential holder of a special 

24 recreation permit described in clause (i) or (iii) of 

25 paragraph (13)(A) of section 802 of the Federal 


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1 Lands Recreation Enhancement Act (16 U.S.C. 

2 6801) (as amended by section 202(10)), including 

3 the public. 

4 (c) ADDITIONAL CAPACITY.—If unallocated visitor5 use days are available, the Secretary concerned may, at 

6 any time, amend a special recreation permit to allocate 

7 additional visitor-use days to a qualified recreation service 

8 provider. 

9 Subtitle B—Additional Provisions 

10 Relating to Special Recreation 

11 Permits 

12 SEC. 321. PERMITTING PROCESS IMPROVEMENTS. 

13 (a) IN GENERAL.—To simplify the process of the 

14 issuance and reissuance of special recreation permits and 

15 reduce the cost of administering special recreation permits 

16 under subsection (h) of section 803 of the Federal Lands 

17 Recreation Enhancement Act (16 U.S.C. 6802) (as 

18 amended by section 203(a)(3)), the Secretaries shall— 

19 (1) during the period beginning on January 1, 

20 2021, and ending on January 1, 2025— 

21 (A) evaluate the process for issuing special 

22 recreation permits; and 

23 (B) based on the evaluation under sub24 paragraph (A), identify opportunities— 


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1 (i) to eliminate duplicative processes 

2 with respect to issuing special recreation 

3 permits; 

4 (ii) to reduce costs for the issuance of 

5 special recreation permits; 

6 (iii) to decrease processing times for 

7 special recreation permits; and 

8 (iv) to issue simplified special recre9 ation permits, including special recreation 

10 permits for an organized group recreation 

11 activity or event under subsection (e); and 

12 (2) not later than 1 year after the date on 

13 which the Secretaries complete the evaluation and 

14 identification processes under paragraph (1), revise, 

15 as necessary, relevant agency regulations and guid16 ance documents, including regulations and guidance 

17 documents relating to the environmental review 

18 process, for special recreation permits to implement 

19 the improvements identified under paragraph (1)(B). 

20 (b) ENVIRONMENTAL REVIEWS.— 

21 (1) IN GENERAL.—The Secretary concerned 

22 shall, to the maximum extent practicable, utilize 

23 available tools, including tiering to existing pro24 grammatic reviews, as appropriate, to facilitate an 

25 effective and efficient environmental review process 


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1 for activities undertaken by the Secretary concerned 

2 relating to the issuance of special recreation permits. 

3 (2) CATEGORICAL EXCLUSIONS.—Not later 

4 than 1 year after the date of enactment of this Act, 

5 the Secretary concerned shall— 

6 (A) evaluate— 

7 (i) whether existing categorical exclu8 sions available to the Secretary concerned 

9 on the date of enactment of this Act are 

10 consistent with the provisions of this Act; 

11 and 

12 (ii) whether a modification of an exist13 ing categorical exclusion or the establish14 ment of 1 or more new categorical exclu15 sions developed in compliance with the Na16 tional Environmental Policy Act of 1969 

17 (42 U.S.C. 4321 et seq.) is necessary to 

18 undertake an activity described in para19 graph (1) in a manner consistent with the 

20 authorities and requirements in this Act; 

21 and 

22 (B) revise relevant agency regulations and 

23 policy statements, as necessary, to modify exist24 ing categorical exclusions or incorporate new 


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1 categorical exclusions based on the evaluation 

2 conducted under subparagraph (A). 

3 (c) NEEDS ASSESSMENTS.—Except as required 

4 under subsection (c) or (d) of section 4 of the Wilderness 

5 Act (16 U.S.C. 1133), the Secretary concerned shall not 

6 conduct a needs assessment as a condition of issuing a 

7 special recreation permit under subsection (h) of section 

8 803 of the Federal Lands Recreation Enhancement Act 

9 (16 U.S.C. 6802) (as amended by section 203(a)(3)). 

10 (d) ONLINE APPLICATIONS.—Using funds made 

11 available to the Secretaries, not later than 3 years after 

12 the date of enactment of this Act, the Secretaries shall 

13 make the application for a special recreation permit under 

14 subsection (h) of section 803 of the Federal Lands Recre15 ation Enhancement Act (16 U.S.C. 6802) (as amended 

16 by section 203(a)(3)), including a reissuance of a special 

17 recreation permit under that section, available for comple18 tion and submission— 

19 (1) online; 

20 (2) by mail or electronic mail; and 

21 (3) in person at the field office for the applica22 ble Federal recreational lands and waters. 

23 (e) SPECIAL RECREATION PERMITS FOR AN ORGA24 NIZED GROUP RECREATION ACTIVITY OR EVENT.— 

25 (1) DEFINITIONS.—In this subsection: 


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1 (A) SPECIAL RECREATION PERMIT FOR AN

2 ORGANIZED GROUP RECREATION ACTIVITY OR

3 EVENT.—The term ‘‘special recreation permit 

4 for an organized group recreation activity or 

5 event’’ means a special recreation permit de6 scribed in subclause (I) or (III) of paragraph 

7 (13)(A)(iii) of section 802 of the Federal Lands 

8 Recreation Enhancement Act (16 U.S.C. 6801) 

9 (as amended by section 202(10)). 

10 (B) YOUTH GROUP.—The term ‘‘youth 

11 group’’ means a recreation service provider that 

12 predominantly serves individuals not older than 

13 25 years of age. 

14 (2) EXEMPTION FROM CERTAIN ALLOCATIONS

15 OF USE.—If the Secretary concerned allocates vis16 itor-use days available for an area or activity on 

17 Federal recreational lands and waters among recre18 ation service providers that hold a permit described 

19 in paragraph (13)(A)(iv) of section 802 of the Fed20 eral Lands Recreation Enhancement Act (16 U.S.C. 

21 6801) (as amended by section 202(10)), a special 

22 recreation permit for an organized group recreation 

23 activity or event shall not be subject to that alloca24 tion of visitor-use days. 


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1 (3) ISSUANCE.—In accordance with paragraphs 

2 (5) and (6), if use by the general public is not sub3 ject to a limited entry permit system and if capacity 

4 is available for the times or days in which the pro5 posed activity or event would be undertaken, on re6 quest of a recreation service provider (including a 

7 youth group) to conduct an organized group recre8 ation activity or event described in subclause (I) or 

9 (III) of paragraph (13)(A)(iii) of section 802 of the 

10 Federal Lands Recreation Enhancement Act (16 

11 U.S.C. 6801) (as amended by section 202(10)), the 

12 Secretary concerned— 

13 (A) shall make a nominal effects deter14 mination to determine whether the proposed ac15 tivity or event would have more than nominal 

16 effects on Federal recreational lands and 

17 waters, resources, and programs; and 

18 (B)(i) shall not require a recreation service 

19 provider (including a youth group) to obtain a 

20 special recreation permit for an organized group 

21 recreation activity or event if the Secretary con22 cerned determines— 

23 (I) the proposed activity or event to 

24 be undertaken would have only nominal efVerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873

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1 fects on Federal recreational lands and 

2 waters, resources, and programs; and 

3 (II) establishing additional terms and 

4 conditions for the proposed activity or 

5 event is not necessary to protect or avoid 

6 conflict on or with Federal recreational 

7 lands and waters, resources, and programs; 

8 (ii) in the case of an organized group 

9 recreation activity or event described in sub10 clause (I) of that paragraph, may issue to a 

11 recreation service provider (including a youth 

12 group) a special recreation permit for an orga13 nized group recreation activity or event, subject 

14 to any terms and conditions as are determined 

15 to be appropriate by the Secretary concerned, if 

16 the Secretary concerned determines— 

17 (I) the proposed activity or event to 

18 be undertaken would have only nominal ef19 fects on Federal recreational lands and 

20 waters, resources, and programs; and 

21 (II) establishing additional terms and 

22 conditions for the proposed activity or 

23 event is necessary to protect or avoid con24 flict on or with Federal recreational lands 

25 and waters, resources, and programs; 


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1 (iii) in the case of an organized group 

2 recreation activity or event described in sub3 clause (III) of that paragraph, shall issue to a 

4 recreation service provider (including a youth 

5 group) a special recreation permit for an orga6 nized group recreation activity or event, subject 

7 to such terms and conditions determined to be 

8 appropriate by the Secretary concerned, if the 

9 Secretary concerned determines— 

10 (I) the proposed activity or event to 

11 be undertaken would have only nominal ef12 fects on Federal recreational lands and 

13 waters, resources, and programs; and 

14 (II) establishing additional terms and 

15 conditions for the proposed activity or 

16 event is necessary to protect or avoid con17 flict on or with Federal recreational lands 

18 and waters, resources, and programs; and 

19 (iv) may issue to a recreation service pro20 vider (including a youth group) a special recre21 ation permit for an organized group recreation 

22 activity or event, subject to any terms and con23 ditions determined to be appropriate by the 

24 Secretary concerned, if the Secretary concerned 

25 determines— 


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1 (I) the proposed activity or event to 

2 be undertaken may have more than nomi3 nal effects on Federal recreational lands 

4 and waters, resources, and programs; and 

5 (II) establishing additional terms and 

6 conditions for the proposed activity or 

7 event would be necessary to protect or 

8 avoid conflict on or with Federal rec9 reational lands and waters, resources, and 

10 programs. 

11 (4) FEES.—The Secretary concerned may elect 

12 not to charge a fee to a recreation service provider 

13 (including a youth group) for a special recreation 

14 permit for an organized group recreation activity or 

15 event. 

16 (5) SAVINGS CLAUSE.—Nothing in this sub17 section prevents the Secretary concerned from lim18 iting or abating the allowance of a proposed activity 

19 or event under paragraph (3)(B)(i) or the issuance 

20 of a special recreation permit for an organized group 

21 recreation activity or event, based on resource condi22 tions, administrative burdens, or safety issues. 

23 (6) QUALIFICATIONS.—A special recreation per24 mit for an organized group recreation activity or 

25 event issued under paragraph (3) shall be subject to 


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1 the health and safety standards required by the Sec2 retary concerned for a permit issued under para3 graph (13)(A)(iv) of section 802 of the Federal 

4 Lands Recreation Enhancement Act (16 U.S.C. 

5 6801) (as amended by section 202(10)). 

6 SEC. 322. SERVICE FIRST INITIATIVE AND MULTIJURIS7 DICTIONAL TRIPS. 

8 (a) REPEAL.—Section 330 of the Department of the 

9 Interior and Related Agencies Appropriations Act, 2001 

10 (43 U.S.C. 1703), is repealed. 

11 (b) COOPERATIVE ACTION AND SHARING OF RE12 SOURCES BY THE SECRETARIES OF THE INTERIOR AND

13 AGRICULTURE.— 

14 (1) IN GENERAL.—For fiscal year 2012 and 

15 each fiscal year thereafter, the Secretaries, subject 

16 to annual review of Congress, may carry out an ini17 tiative, to be known as the ‘‘Service First Initiative’’, 

18 under which the Secretaries and agencies and bu19 reaus within the Department of the Interior and the 

20 Department of Agriculture— 

21 (A) may establish programs to conduct 

22 projects, planning, permitting, leasing, con23 tracting, and other activities, either jointly or 

24 on behalf of one another; 


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1 (B) may co-locate in Federal offices and 

2 facilities leased by an agency of the Department 

3 of the Interior or the Department of Agri4 culture; and 

5 (C) may issue special rules to test the fea6 sibility of issuing unified permits, applications, 

7 and leases. 

8 (2) DELEGATIONS OF AUTHORITY.—The Secre9 taries may make reciprocal delegations of the respec10 tive authorities, duties, and responsibilities of the 

11 Secretaries in support of the Service First Initiative 

12 agency-wide to promote customer service and effi13 ciency. 

14 (3) EFFECT.—Nothing in this section alters, 

15 expands, or limits the applicability of any law (in16 cluding regulations) to land administered by the Bu17 reau of Land Management, National Park Service, 

18 United States Fish and Wildlife Service, or the For19 est Service or matters under the jurisdiction of any 

20 other bureaus or offices of the Department of the 

21 Interior or the Department of Agriculture, as appli22 cable. 

23 (4) TRANSFERS OF FUNDING.—To facilitate the 

24 sharing of resources under the Service First Initia25 tive, the Secretaries may make transfers of funds 


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1 and reimbursements of funds on an annual basis, in2 cluding transfers and reimbursements for multi-year 

3 projects, subject to the limitation that this authority 

4 may not be used to circumvent requirements and 

5 limitations imposed on the use of Federal funds. 

6 (c) PILOT PROGRAM FOR SPECIAL RECREATION PER7 MITS FOR MULTIJURISDICTIONAL TRIPS.— 

8 (1) IN GENERAL.—Not later than 2 years after 

9 the date of enactment of this Act, the Secretaries 

10 shall establish a pilot program to offer to a person 

11 seeking an authorization for a multijurisdictional 

12 trip a single joint special recreation permit or com13 mercial use authorization that authorizes the use of 

14 each unit of Federal recreational lands and waters 

15 on which the multijurisdictional trip occurs, subject 

16 to the authorities that apply to the applicable unit 

17 of Federal recreational lands and waters. 

18 (2) MINIMUM NUMBER OF PERMITS.—Not later 

19 than 4 years after the date of enactment of this Act, 

20 the Secretaries shall issue not fewer than 10 single 

21 joint special recreation permits described in para22 graph (13)(A)(iv) of section 802 of the Federal 

23 Lands Recreation Enhancement Act (16 U.S.C. 

24 6801) (as amended by section 202(10)) or commerVerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873

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1 cial use authorizations under the pilot program es2 tablished under paragraph (1). 

3 (3) LEAD AGENCIES.—In carrying out the pilot 

4 program established under paragraph (1), the Secre5 taries shall— 

6 (A) designate a lead agency for issuing and 

7 administering a single joint special recreation 

8 permit or commercial use authorization; and 

9 (B) select not fewer than 4 offices at which 

10 a person shall be able to apply for a single joint 

11 special recreation permit or commercial use au12 thorization, of which— 

13 (i) not fewer than 2 offices are man14 aged by the Secretary; and 

15 (ii) not fewer than 2 offices are man16 aged by the Secretary of Agriculture, act17 ing through the Chief of the Forest Serv18 ice. 

19 (4) RETENTION OF AUTHORITY BY THE APPLI20 CABLE SECRETARY.—Each of the Secretaries shall 

21 retain the authority to enforce the terms, stipula22 tions, conditions, and agreements in a single joint 

23 special recreation permit or commercial use author24 ization issued under the pilot program established 

25 under paragraph (1) that apply specifically to the 


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1 use occurring on the Federal recreational lands and 

2 waters managed by the applicable Secretary, under 

3 the authorities that apply to the applicable Federal 

4 recreational lands and waters. 

5 (5) OPTION TO APPLY FOR SEPARATE SPECIAL

6 RECREATION PERMITS OR COMMERCIAL USE AU7 THORIZATIONS.—A person seeking an authorization 

8 for a multijurisdictional trip may apply for— 

9 (A) a separate special recreation permit or 

10 commercial use authorization for the use of 

11 each unit of Federal recreational lands and 

12 waters on which the multijurisdictional trip oc13 curs; or 

14 (B) a single joint special recreational per15 mit or commercial use authorization made 

16 available under the pilot program established 

17 under paragraph (1). 

18 (6) EFFECT.—Nothing in this subsection ap19 plies to a concession contract issued by the National 

20 Park Service for the provision of accommodations, 

21 facilities, or services. 

22 SEC. 323. PERMIT FLEXIBILITY. 

23 (a) IN GENERAL.—The Secretary concerned shall es24 tablish guidelines to allow a holder of a special recreation 

25 permit under subsection (h) of section 803 of the Federal 


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1 Lands Recreation Enhancement Act (16 U.S.C. 6802) (as 

2 amended by section 203(a)(3)), on the approval of the 

3 Secretary concerned, to engage in another recreational ac4 tivity under the special recreation permit that is substan5 tially similar to the specific activity authorized under the 

6 special recreation permit. 

7 (b) CRITERIA.—For the purposes of this section, a 

8 recreational activity shall be considered to be a substan9 tially similar recreational activity if the recreational activ10 ity— 

11 (1) is comparable in type, nature, scope, and 

12 ecological setting to the specific activity authorized 

13 under the special recreation permit; 

14 (2) does not result in a greater impact on nat15 ural and cultural resources than the impact of the 

16 authorized activity; 

17 (3) does not adversely affect— 

18 (A) any other holder of a special recreation 

19 permit or other permit; or 

20 (B) any other authorized use of the Fed21 eral recreational lands and waters; and 

22 (4) is consistent with— 

23 (A) any applicable laws (including regula24 tions); and 


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1 (B) the land management plan, resource 

2 management plan, or equivalent plan applicable 

3 to the Federal recreational lands and waters. 

4 (c) EFFECT.—Nothing in this section affects any au5 thority of, regulation issued by, or decision of the Sec6 retary concerned relating to the use of electric bicycles on 

7 Federal recreational lands and waters under any other 

8 Federal law. 

9 SEC. 324. LIABILITY. 

10 (a) INSURANCE REQUIREMENTS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), as a condition of issuing a special recre13 ation permit under subsection (h)(1)(B) of section 

14 803 of the Federal Lands Recreation Enhancement 

15 Act (16 U.S.C. 6802) (as amended by section 

16 203(a)(3)) or a commercial use authorization, the 

17 Secretary concerned may require the holder of the 

18 special recreation permit or commercial use author19 ization to have a commercial general liability insur20 ance policy that— 

21 (A) is commensurate with the level of risk 

22 of the activities to be conducted under the spe23 cial recreation permit or commercial use au24 thorization; and 


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1 (B) includes the United States as an addi2 tional insured in an endorsement to the applica3 ble policy. 

4 (2) EXCEPTION.—The Secretary concerned 

5 shall not require a holder of a special recreation per6 mit or commercial use authorization for low-risk ac7 tivities, as determined by the Secretary concerned, 

8 including commemorative ceremonies and participa9 tion by the public in a recreation activity or recre10 ation use of a specific area of Federal recreational 

11 lands and waters in which use by the public is allo12 cated, to comply with the requirements of paragraph 

13 (1). 

14 (b) INDEMNIFICATION BY GOVERNMENTAL ENTI15 TIES.—The Secretary concerned shall not require a State, 

16 State agency, State institution, or political subdivision of 

17 a State to indemnify the United States for tort liability 

18 as a condition for issuing a special recreation permit or 

19 commercial use authorization to the extent the State, 

20 State agency, State institution, or political subdivision of 

21 a State is precluded by State law from providing indem22 nification to the United States for tort liability, if the 

23 State, State agency, State institution, or political subdivi24 sion of the State maintains the minimum amount of liabil25 ity insurance coverage required by the Federal land manVerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873

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1 agement agency for the activities conducted under the spe2 cial recreation permit or commercial use authorization in 

3 the form of— 

4 (1) a commercial general liability insurance pol5 icy, which includes the United States as an addi6 tional insured in an endorsement to the policy, if the 

7 State is authorized to obtain commercial general li8 ability insurance by State law; 

9 (2) self-insurance, which covers the United 

10 States as an additional insured, if authorized by 

11 State law; or 

12 (3) a combination of the coverage described in 

13 paragraphs (1) and (2). 

14 (c) EXCULPATORY AGREEMENTS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), a Federal land management agency shall 

17 not implement, administer, or enforce any regula18 tion, guidance, or policy prohibiting the use of an ex19 culpatory agreement between a recreation service 

20 provider or a holder of a commercial use authoriza21 tion and a customer relating to services provided 

22 under a special recreation permit or a commercial 

23 use authorization. 

24 (2) REQUIREMENTS.—Any exculpatory agree25 ment used by a recreation service provider or holder 


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1 of a commercial use authorization for an activity au2 thorized under a special recreation permit or com3 mercial use authorization— 

4 (A) shall shield the United States from any 

5 liability, if otherwise allowable under Federal 

6 law; and 

7 (B) shall not waive any liability of the 

8 recreation service provider or holder of the com9 mercial use authorization that may not be 

10 waived under the laws (including common law) 

11 of the applicable State or for gross negligence, 

12 recklessness, or willful misconduct. 

13 (3) CONSISTENCY.—Not later than 2 years 

14 after the date of enactment of this Act, the Secre15 taries shall— 

16 (A) review the policies of the Secretaries 

17 pertaining to the use of exculpatory agreements 

18 by recreation service providers and holders of 

19 commercial use authorizations; and 

20 (B) revise any policy described in subpara21 graph (A) as necessary to make the policies of 

22 the Secretaries pertaining to the use of excul23 patory agreements by recreation service pro24 viders and holders of commercial use authorizaVerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873

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1 tions consistent with this subsection and across 

2 all Federal recreational lands and waters. 

3 (d) EFFECT.—Nothing in this section applies to a 

4 concession contract issued by the National Park Service 

5 for the provision of accommodations, facilities, or services. 

6 SEC. 325. COST RECOVERY REFORM. 

7 (a) COST RECOVERY FOR SPECIAL RECREATION

8 PERMITS.—In addition to a fee collected under section 

9 803 of the Federal Lands Recreation Enhancement Act 

10 (16 U.S.C. 6802) or any other authorized fee collected by 

11 the Secretary concerned, the Secretary concerned may as12 sess and collect a reasonable fee from an applicant for, 

13 and holder of, a special recreation permit to recover ad14 ministrative costs incurred by the Secretary concerned 

15 for— 

16 (1) processing a proposal or application for the 

17 special recreation permit; 

18 (2) issuing the special recreation permit; and 

19 (3) monitoring the special recreation permit to 

20 ensure compliance with the terms and conditions of 

21 the special recreation permit. 

22 (b) DE MINIMIS EXEMPTIONS FROM COST RECOV23 ERY.—If the administrative costs described in subsection 

24 (a) are assessed on an hourly basis, the Secretary con25 cerned shall— 


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1 (1) establish an hourly de minimis threshold 

2 that exempts a specified number of hours from the 

3 assessment and collection of administrative costs de4 scribed in subsection (a); and 

5 (2) charge an applicant only for any hours that 

6 exceed the de minimis threshold. 

7 (c) MULTIPLE APPLICATIONS.—If the Secretary con8 cerned collectively processes multiple applications for spe9 cial recreation permits for the same or similar services in 

10 the same unit of Federal recreational lands and waters, 

11 the Secretary concerned shall, to the extent practicable— 

12 (1) assess from the applicants the fee described 

13 in subsection (a) on a prorated basis; and 

14 (2) apply the requirement described in sub15 section (b) to each applicant on an individual basis. 

16 (d) LIMITATION.—The Secretary concerned shall not 

17 assess or collect administrative costs under this section for 

18 a programmatic environmental review. 

19 SEC. 326. PERMIT RELIEF FOR PICNIC AREAS. 

20 (a) IN GENERAL.—If the Secretary concerned does 

21 not require the public to obtain a permit or reservation 

22 to access a picnic area on Federal recreational lands and 

23 waters administered by the Chief of the Forest Service or 

24 Director of the Bureau of Land Management, the Sec25 retary concerned may not require a covered person deVerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873

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1 scribed in subsection (b) to obtain a permit solely to access 

2 the picnic area. 

3 (b) DESCRIPTION OF COVERED PERSONS.—A cov4 ered person referred to in subsection (a) is a person (in5 cluding an educational group) that provides— 

6 (1) outfitting and guiding services on Federal 

7 recreational lands and waters; and 

8 (2) the services described in paragraph (1) to 

9 fewer than 40 customers annually at the picnic area. 

10 SEC. 327. INTERAGENCY REPORT ON SPECIAL RECREATION 

11 PERMITS FOR UNDERSERVED COMMUNITIES. 

12 (a) DEFINITION OF COVERED COMMUNITY.—In this 

13 section, the term ‘‘covered community’’ means a rural or 

14 urban, low-income, or underserved community, including 

15 an Indian Tribe, that has been underrepresented in out16 door recreation opportunities on Federal recreational 

17 lands and waters. 

18 (b) REPORT.—Not later than 3 years after the date 

19 of enactment of this Act, the Secretaries, acting jointly, 

20 shall submit to the Committee on Energy and Natural Re21 sources of the Senate and the Committee on Natural Re22 sources of the House of Representatives a report that de23 scribes— 

24 (1) the estimated use of special recreation per25 mits serving covered communities; 


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1 (2) examples of special recreation permits, part2 nerships, cooperative agreements, or other arrange3 ments providing access to Federal recreational lands 

4 and waters for covered communities; 

5 (3) other ways covered communities are engag6 ing on Federal recreational lands and waters, includ7 ing through stewardship and conservation projects 

8 or activities; 

9 (4) any barriers for existing or prospective 

10 recreation service providers and holders of commer11 cial use authorizations operating within or serving a 

12 covered community; and 

13 (5) any recommendations to facilitate and in14 crease permitted access to Federal recreational lands 

15 and waters for covered communities. 

16 Subtitle C—Effect 

17 SEC. 331. EFFECT. 

18 Except as provided in sections 311(a), 322, and 324, 

19 nothing in this title (including an amendment made by 

20 this title) affects the authority or responsibility of the Sec21 retary to award concessions contracts for the provision of 

22 accommodations, facilities, or services, or commercial use 

23 authorizations. 


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1 TITLE IV—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 401. FILMING AND STILL PHOTOGRAPHY WITHIN THE 

4 NATIONAL PARK SYSTEM AND ON OTHER 

5 FEDERAL LAND. 

6 (a) FILMING IN NATIONAL PARK SYSTEM UNITS.— 

7 (1) IN GENERAL.—Chapter 1009 of title 54, 

8 United States Code, is amended by striking section 

9 100905 and inserting the following: 

10 ‘‘§ 100905. Filming and still photography in System 

11 units 

12 ‘‘(a) FILMING AND STILL PHOTOGRAPHY.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

14 that a filming or still photography activity or similar 

15 recording project in a System unit (referred to in 

16 this section as a ‘filming or still photography activ17 ity’) and the authorizing or permitting of a filming 

18 or still photography activity are carried out in ac19 cordance with— 

20 ‘‘(A) the laws and policies applicable to the 

21 Service; 

22 ‘‘(B) the applicable general management 

23 plan; and 

24 ‘‘(C) this section. 


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1 ‘‘(2) NO PERMITS REQUIRED.—The Secretary 

2 shall not require an authorization or a permit or as3 sess a fee, if a fee for a filming or still photography 

4 activity is not otherwise required by law, for a film5 ing or still photography activity that— 

6 ‘‘(A)(i) involves fewer than 6 individuals; 

7 and 

8 ‘‘(ii) meets each of the requirements de9 scribed in paragraph (5); 

10 ‘‘(B) is merely incidental to an activity or 

11 event that is allowed or authorized at the Sys12 tem unit, regardless of— 

13 ‘‘(i) the number of individuals partici14 pating in the allowed or authorized activity 

15 or event; or 

16 ‘‘(ii) whether any individual receives 

17 compensation for any products of the film18 ing or still photography activity; or 

19 ‘‘(C) is a news-gathering activity, unless 

20 the news-gathering activity does not meet each 

21 of the requirements described in paragraph (5). 

22 ‘‘(C) is a news-gathering activity, unless the 

23 news-gathering activity— 

24 ‘‘(i) involves more than 8 individuals; 

25 or 


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1 ‘‘(ii) does not meet each of the require2 ments described in paragraph (5). 

3 ‘‘(3) FILMING AND STILL PHOTOGRAPHY AU4 THORIZATIONS FOR DE MINIMIS USE.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 establish a de minimis use authorization for 

7 filming or still photography activities that meets 

8 the requirements described in subparagraph 

9 (F). 

10 ‘‘(B) POLICY.—For a filming or still pho11 tography activity that meets the requirements 

12 described in subparagraph (F), the Secretary— 

13 ‘‘(i) may require a de minimis use au14 thorization; and 

15 ‘‘(ii) shall not require a permit. 

16 ‘‘(C) NO FEE.—The Secretary shall not 

17 charge a fee for a de minimis use authorization 

18 under this paragraph. 

19 ‘‘(D) APPLICATION.—The Secretary shall 

20 provide for a person to apply for and obtain a 

21 de minimis use authorization under this para22 graph— 

23 ‘‘(i) through the website of the Serv24 ice; and 


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1 ‘‘(ii) in person at the field office of 

2 the applicable System unit. 

3 ‘‘(E) ISSUANCES.—The Secretary shall— 

4 ‘‘(i) establish a procedure— 

5 ‘‘(I) to automate the approval of 

6 an application submitted through the 

7 website of the Service under subpara8 graph (D)(i); and 

9 ‘‘(II) to issue a de minimis use 

10 authorization under this paragraph 

11 immediately on receipt of an applica12 tion that is submitted in person at the 

13 field office of the applicable System 

14 unit under subparagraph (D)(ii); and 

15 ‘‘(ii) if an application submitted under 

16 subparagraph (D) meets the requirements 

17 of this paragraph, immediately on receipt 

18 of the application issue a de minimis use 

19 authorization for the filming or still pho20 tography activity. 

21 ‘‘(F) REQUIREMENTS.—The Secretary 

22 shall only issue a de minimis use authorization 

23 under this paragraph if the filming or still pho24 tography activity— 


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1 ‘‘(i) involves a group of not fewer than 

2 6 individuals and not more than 8 individ3 uals; 

4 ‘‘(ii) meets each of the requirements 

5 described in paragraph (5); and 

6 ‘‘(iii) is consistent with subsection 

7 (c).; and 

8 ‘‘(iv) is not a filming or still photog9 raphy activity described in subparagraph 

10 (B) or (C) of paragraph (2). 

11 ‘‘(G) CONTENTS.—A de minimis use au12 thorization issued under this paragraph shall 

13 list the requirements described in subparagraph 

14 (F). 

15 ‘‘(4) REQUIRED PERMITS.—Except as provided 

16 in paragraph (2)(B), the Secretary may require a 

17 permit application and, if a permit is issued, assess 

18 a reasonable fee, as described in subsection (b)(1), 

19 for a filming or still photography activity that— 

20 ‘‘(A) involves more than 8 individuals; or 

21 ‘‘(B) does not meet each of the require22 ments described in paragraph (5). 

23 ‘‘(5) REQUIREMENTS FOR FILMING OR STILL

24 PHOTOGRAPHY ACTIVITY.—The requirements re25 ferred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), 


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1 and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and 

2 (4)(B) are as follows: 

3 ‘‘(A) A person conducts the filming or still 

4 photography activity in a manner that— 

5 ‘‘(i) does not impede or intrude on the 

6 experience of other visitors to the applica7 ble System unit; 

8 ‘‘(ii) except as otherwise authorized, 

9 does not disturb or negatively impact— 

10 ‘‘(I) a natural or cultural re11 source; or 

12 ‘‘(II) an environmental or scenic 

13 value; and 

14 ‘‘(iii) allows for equitable allocation or 

15 use of facilities of the applicable System 

16 unit. 

17 ‘‘(B) The person conducts the filming or 

18 still photography activity at a location in which 

19 the public is allowed. 

20 ‘‘(C) The person conducting the filming or 

21 still photography activity does not require the 

22 exclusive use of a site or area. 

23 ‘‘(D) The person does not— 

24 ‘‘(i) conduct the filming or still pho25 tography activity in a localized area that 


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1 receives a very high volume of visitation; 

2 and 

3 ‘‘(ii) in the discretion of the Secretary, 

4 negatively impact the experience of another 

5 visitor in the localized area. 

6 ‘‘(E) The person conducting the filming or 

7 still photography activity does not use a set or 

8 staging equipment, subject to the limitation 

9 that handheld equipment (such as a tripod, 

10 monopod, and handheld lighting equipment) 

11 shall not be considered staging equipment for 

12 the purposes of this subparagraph. 

13 ‘‘(F) The person conducting the filming or 

14 still photography activity complies with and ad15 heres to visitor use policies, practices, and regu16 lations applicable to the applicable System unit. 

17 ‘‘(G) The filming or still photography ac18 tivity is not likely to result in additional admin19 istrative costs being incurred by the Secretary 

20 with respect to the filming or still photography 

21 activity, as determined by the Secretary. 

22 ‘‘(H) The person conducting the filming or 

23 still photography activity complies with other 

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1 cluding regulations), including laws relating to 

2 the use of unmanned aerial equipment. 

3 ‘‘(6) CALCULATIONS WITH RESPECT TO NUMBER

4 OF INDIVIDUALS.— 

5 ‘‘(A) IN GENERAL.—For the purposes of cal6 culating the number of individuals under para7 graphs (2), (3), and (4), the Secretary shall only 

8 include an individual described in subparagraph 

9 (B) that is conducting a filming or still photog10 raphy activity or that is carrying out or partici11 pating as part of a team or crew in a filming 

12 or still photography activity at the same time in 

13 the same System unit. 

14 ‘‘(B) DESCRIPTION OF INDIVIDUAL.—An in15 dividual referred to in subparagraph (A) is a 

16 photographer, videographer, director, model, 

17 actor, helper, assistant, or any other individual 

18 who is purposefully or knowingly on-site at the 

19 System unit as a part of the team or crew in a 

20 filming or still photography activity. 

21 ‘‘(6)(7) CONTENT CREATION.—Regardless of 

22 distribution platform, any video, still photograph, or 

23 audio recording for commercial or noncommercial 

24 content creation at a System unit shall be considered 


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1 to be a filming or still photography activity under 

2 this subsection. 

3 ‘‘(7)(8) EFFECT.— 

4 ‘‘(A) PERMITS REQUESTED THOUGH NOT

5 REQUIRED.—On the request of a person intend6 ing to carry out a filming or still photography 

7 activity, the Secretary may issue a permit and 

8 assess a reasonable fee for the filming or still 

9 photography activity, even if a permit for the 

10 filming or still photography activity is not re11 quired under this section. 

12 ‘‘(B) NO ADDITIONAL PERMITS, COMMER13 CIAL USE AUTHORIZATIONS, OR FEES FOR

14 FILMING AND STILL PHOTOGRAPHY AT AU15 THORIZED EVENTS.—If an activity or event is 

16 allowed or authorized under a permit, such as 

17 a wedding, engagement party, family reunion, 

18 photography club outing, or celebration of a 

19 graduate, the activity or event organizers or 

20 any relevant party to the activity or event shall 

21 not need a separate permit for the filming or 

22 still photography activity at the allowed or per23 mitted activity or event. 

24 ‘‘(C) MONETARY COMPENSATION.—The re25 ceipt of monetary compensation by the person 


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1 conducting the filming or still photography ac2 tivity shall not affect the permissibility of the 

3 filming or still photography activity or the ap4 plication of the requirements under this section. 

5 ‘‘(D) WILDERNESS ACT APPLICABILITY.— 

6 ‘‘(i) IN GENERAL.—Nothing in this 

7 subsection supersedes the provisions of the 

8 Wilderness Act (16 U.S.C. 1131 et seq.). 

9 ‘‘(ii) APPLICABILITY.—The provisions 

10 of this section shall apply in a component 

11 of the National Wilderness Preservation 

12 System to the extent consistent with the 

13 Wilderness Act (16 U.S.C. 1131 et seq.). 

14 ‘‘(b) FEES AND RECOVERY COSTS.— 

15 ‘‘(1) FEES.—The reasonable fees referred to in 

16 paragraphs (4) and (7)(A) (8)(A) of subsection (a) 

17 shall meet each of the following criteria: 

18 ‘‘(A) The reasonable fee shall provide a 

19 fair return to the United States. 

20 ‘‘(B) The reasonable fee shall be based on 

21 the following criteria: 

22 ‘‘(i) The number of days of the film23 ing or still photography activity. 

24 ‘‘(ii) The size of the film or still pho25 tography crew present at the System unit. 


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1 ‘‘(iii) The quantity and type of film or 

2 still photography equipment present at the 

3 System unit. 

4 ‘‘(iv) Any other factors that the Sec5 retary determines to be necessary. 

6 ‘‘(2) RECOVERY OF COSTS.— 

7 ‘‘(A) IN GENERAL.—For any permit issued 

8 under subsection (a) and in addition to any fee 

9 assessed in accordance with paragraph (1), the 

10 Secretary shall collect from the applicant for 

11 the applicable permit any costs incurred by the 

12 Secretary related to a filming or still photog13 raphy activity subject to a permit under sub14 section (a)(4), including— 

15 ‘‘(i) the costs of the review or issuance 

16 of the permit; and 

17 ‘‘(ii) related administrative and per18 sonnel costs. 

19 ‘‘(B) EFFECT ON FEES COLLECTED.—All 

20 costs recovered under subparagraph (A) shall 

21 be in addition to the fee described in paragraph 

22 (1). 

23 ‘‘(3) USE OF PROCEEDS.— 

24 ‘‘(A) FEES.—All fees collected under this 

25 section shall— 


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1 ‘‘(i) be available for expenditure by 

2 the Secretary, without further appropria3 tion, in accordance with the formula and 

4 purposes established under the Federal 

5 Lands Recreation Enhancement Act (16 

6 U.S.C. 6801 et seq.); and 

7 ‘‘(ii) remain available until expended. 

8 ‘‘(B) COSTS.—All costs recovered under 

9 paragraph (2)(A) shall— 

10 ‘‘(i) be available for expenditure by 

11 the Secretary, without further appropria12 tion, at the System unit at which the costs 

13 are collected; and 

14 ‘‘(ii) remain available until expended. 

15 ‘‘(c) PROTECTION OF RESOURCES.—The Secretary 

16 may create use limits on or require a person to cease, 

17 move, or modify a filming or still photography activity, 

18 whether or not the activity has been permitted, if the Sec19 retary determines that— 

20 ‘‘(1) there is a likelihood that the person would 

21 cause resource damage at the System unit, except as 

22 otherwise authorized; 

23 ‘‘(2) the person would create an unreasonable 

24 disruption of the use and enjoyment by the public of 

25 the System unit; 


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1 ‘‘(3) the activity would impede the routine, 

2 emergency, or otherwise necessary management and 

3 staff operations on the System unit; or 

4 ‘‘(4) the filming or still photography activity 

5 poses a health or safety risk to the public. 

6 ‘‘(d) PROCESSING OF PERMIT APPLICATIONS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall estab8 lish a process to ensure that the Secretary responds 

9 in a timely manner to an application for a permit for 

10 a filming or still photography activity required under 

11 subsection (a)(4). 

12 ‘‘(2) COORDINATION.—If a permit is required 

13 under this section for 2 or more Federal agencies or 

14 System units, the Secretary and the head of any 

15 other applicable Federal agency, as applicable, shall, 

16 to the maximum extent practicable, coordinate per17 mit processing procedures, including through the use 

18 of identifying a lead agency or lead System unit— 

19 ‘‘(A) to review the application for the per20 mit; 

21 ‘‘(B) to issue the permit; and 

22 ‘‘(C) to collect any required fees. ’’. 

23 ‘‘(e) GUIDANCE.—Not later than 2 years after the date 

24 of enactment of the America’s Outdoor Recreation Act of 

25 2023, the Secretary shall issue guidance to implement this 


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1 section, including establishing a civil penalty for failing to 

2 obtain a de minimis use authorization required under sub3 section (a)(3) or a permit required under subsection 

4 (a)(4).’’. 

5 (2) CLERICAL AMENDMENT.—The table of sec6 tions for chapter 1009 of title 54, United States 

7 Code, is amended by striking the item relating to 

8 section 100905 and inserting the following: 

‘‘100905. Filming and still photography in System units.’’. 

9 (b) FILMING ON OTHER FEDERAL LAND.—Public 

10 Law 106–206 (16 U.S.C. 460l–6d) is amended by striking 

11 section 1 and inserting the following: 

12 ‘‘SECTION 1. FILMING AND STILL PHOTOGRAPHY. 

13 ‘‘(a) FILMING AND STILL PHOTOGRAPHY.— 

14 ‘‘(1) IN GENERAL.—The Secretary concerned 

15 shall ensure that a filming or still photography activ16 ity or similar recording project at a Federal land 

17 management unit (referred to in this section as a 

18 ‘filming or still photography activity’) and the au19 thorizing or permitting of a filming or still photog20 raphy activity are carried out in accordance with— 

21 ‘‘(A) the laws and policies applicable to the 

22 Secretary concerned; 

23 ‘‘(B) the applicable general management 

24 plan; and 

25 ‘‘(C) this section. 


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1 ‘‘(2) NO PERMITS REQUIRED.—The Secretary 

2 concerned shall not require an authorization or a 

3 permit or assess a fee, if a fee for a filming or still 

4 photography activity is not otherwise required by 

5 law, for a filming or still photography activity that— 

6 ‘‘(A)(i) involves fewer than 6 individuals; 

7 and 

8 ‘‘(ii) meets each of the requirements de9 scribed in paragraph (5); 

10 ‘‘(B) is merely incidental to an activity or 

11 event that is allowed or authorized at the Fed12 eral land management unit, regardless of— 

13 ‘‘(i) the number of individuals partici14 pating in the allowed or authorized activity 

15 or event; or 

16 ‘‘(ii) whether any individual receives 

17 compensation for any products of the film18 ing or still photography activity; or 

19 ‘‘(C) is a news-gathering activity, unless 

20 the news-gathering activity does not meet each 

21 of the requirements described in paragraph (5). 

22 ‘‘(C) is a news-gathering activity, unless the 

23 news-gathering activity— 

24 ‘‘(i) involves more than 8 individuals; 

25 or 


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1 ‘‘(ii) does not meet each of the require2 ments described in paragraph (5). 

3 ‘‘(3) FILMING AND STILL PHOTOGRAPHY AU4 THORIZATIONS FOR DE MINIMIS USE.— 

5 ‘‘(A) IN GENERAL.—The Secretary con6 cerned shall establish a de minimis use author7 ization for filming or still photography activities 

8 that meets the requirements described in sub9 paragraph (F). 

10 ‘‘(B) POLICY.—For a filming or still pho11 tography activity that meets the requirements 

12 described in subparagraph (F), the Secretary 

13 concerned— 

14 ‘‘(i) may require a de minimis use au15 thorization; and 

16 ‘‘(ii) shall not require a permit. 

17 ‘‘(C) NO FEE.—The Secretary concerned 

18 shall not charge a fee for a de minimis use au19 thorization under this paragraph. 

20 ‘‘(D) APPLICATION.—The Secretary con21 cerned shall provide for a person to apply for 

22 and obtain a de minimis use authorization 

23 under this paragraph— 


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1 ‘‘(i) through the website of the De2 partment of the Interior or the Forest 

3 Service, as applicable; and 

4 ‘‘(ii) in person at the field office for 

5 the Federal land management unit. 

6 ‘‘(E) ISSUANCES.—The Secretary con7 cerned shall— 

8 ‘‘(i) establish a procedure— 

9 ‘‘(I) to automate the approval of 

10 an application submitted through the 

11 website of the Department of the In12 terior or the Forest Service, as appli13 cable, under subparagraph (D)(i); and 

14 ‘‘(II) to issue a de minimis use 

15 authorization under this paragraph 

16 immediately on receipt of an applica17 tion that is submitted in person at the 

18 field office for the Federal land man19 agement unit under subparagraph 

20 (D)(ii); and 

21 ‘‘(ii) if an application submitted under 

22 subparagraph (D) meets the requirements 

23 of this paragraph, immediately on receipt 

24 of the application issue a de minimis use 


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1 authorization for the filming or still pho2 tography activity. 

3 ‘‘(F) REQUIREMENTS.—The Secretary con4 cerned shall only issue a de minimis use author5 ization under this paragraph if the filming or 

6 still photography activity— 

7 ‘‘(i) involves a group of not fewer than 

8 6 individuals and not more than 8 individ9 uals; 

10 ‘‘(ii) meets each of the requirements 

11 described in paragraph (5); and 

12 ‘‘(iii) is consistent with subsection 

13 (c).; and 

14 ‘‘(iv) is not a filming or still photog15 raphy activity described in subparagraph 

16 (B) or (C) of paragraph (2). 

17 ‘‘(G) CONTENTS.—A de minimis use au18 thorization issued under this paragraph shall 

19 list the requirements described in subparagraph 

20 (F). 

21 ‘‘(4) REQUIRED PERMITS.—Except as provided 

22 in paragraph (2)(B), the Secretary concerned may 

23 require a permit application and, if a permit is 

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1 section (b)(1), for a filming or still photography ac2 tivity that— 

3 ‘‘(A) involves more than 8 individuals; or 

4 ‘‘(B) does not meet each of the require5 ments described in paragraph (5). 

6 ‘‘(5) REQUIREMENTS FOR FILMING OR STILL

7 PHOTOGRAPHY ACTIVITY.—The requirements re8 ferred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), 

9 and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and 

10 (4)(B) are as follows: 

11 ‘‘(A) A person conducts the filming or still 

12 photography activity in a manner that— 

13 ‘‘(i) does not impede or intrude on the 

14 experience of other visitors to the Federal 

15 land management unit; 

16 ‘‘(ii) except as otherwise authorized, 

17 does not disturb or negatively impact— 

18 ‘‘(I) a natural or cultural re19 source; or 

20 ‘‘(II) an environmental or scenic 

21 value; and 

22 ‘‘(iii) allows for equitable allocation or 

23 use of facilities of the Federal land man24 agement unit. 


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1 ‘‘(B) The person conducts the filming or 

2 still photography activity at a location in which 

3 the public is allowed. 

4 ‘‘(C) The person conducting the filming or 

5 still photography activity does not require the 

6 exclusive use of a site or area. 

7 ‘‘(D) The person does not— 

8 ‘‘(i) conduct the filming or still pho9 tography activity in a localized area that 

10 receives a very high volume of visitation; 

11 and 

12 ‘‘(ii) in the discretion of the Secretary, 

13 negatively impact the experience of another 

14 visitor in the localized area. 

15 ‘‘(E) The person conducting the filming or 

16 still photography activity does not use a set or 

17 staging equipment, subject to the limitation 

18 that handheld equipment (such as a tripod, 

19 monopod, and handheld lighting equipment) 

20 shall not be considered staging equipment for 

21 the purposes of this subparagraph. 

22 ‘‘(F) The person conducting the filming or 

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1 lations applicable to the Federal land manage2 ment unit. 

3 ‘‘(G) The filming or still photography ac4 tivity is not likely to result in additional admin5 istrative costs being incurred by the Secretary 

6 concerned with respect to the filming or still 

7 photography activity, as determined by the Sec8 retary concerned. 

9 ‘‘(H) The person conducting the filming or 

10 still photography activity complies with other 

11 applicable Federal, State, and local laws (in12 cluding regulations), including laws relating to 

13 the use of unmanned aerial equipment. 

14 ‘‘(6) CALCULATIONS WITH RESPECT TO NUMBER

15 OF INDIVIDUALS.— 

16 ‘‘(A) IN GENERAL.—For the purposes of cal17 culating the number of individuals under para18 graphs (2), (3), and (4), the Secretary concerned 

19 shall only include an individual described in 

20 subparagraph (B) that is conducting a filming 

21 or still photography activity or that is carrying 

22 out or participating as part of a team or crew 

23 in a filming or still photography activity at the 

24 same time in the same Federal land management 

25 unit. 


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1 ‘‘(B) DESCRIPTION OF INDIVIDUAL.—An in2 dividual referred to in subparagraph (A) is a 

3 photographer, videographer, director, model, 

4 actor, helper, assistant, or any other individual 

5 who is purposefully or knowingly on-site at the 

6 Federal land management unit as a part of the 

7 team or crew in a filming or still photography 

8 activity. 

9 ‘‘(6)(7) CONTENT CREATION.—Regardless of 

10 distribution platform, any video, still photograph, or 

11 audio recording for commercial or noncommercial 

12 content creation at a Federal land management unit 

13 shall be considered to be a filming or still photog14 raphy activity under this subsection. 

15 ‘‘(7)(8) EFFECT.— 

16 ‘‘(A) PERMITS REQUESTED THOUGH NOT

17 REQUIRED.—On the request of a person intend18 ing to carry out a filming or still photography 

19 activity, the Secretary concerned may issue a 

20 permit and assess a reasonable fee for the film21 ing or still photography activity, even if a per22 mit for the filming or still photography activity 

23 is not required under this section. 

24 ‘‘(B) NO ADDITIONAL PERMITS, COMMER25 CIAL USE AUTHORIZATIONS, OR FEES FOR


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1 FILMING AND STILL PHOTOGRAPHY AT AU2 THORIZED EVENTS.—If an activity or event is 

3 allowed or authorized under a permit, such as 

4 a wedding, engagement party, family reunion, 

5 photography club outing, or celebration of a 

6 graduate, the activity or event organizers or 

7 any relevant party to the activity or event shall 

8 not need a separate permit for the filming or 

9 still photography activity at the allowed or per10 mitted activity or event. 

11 ‘‘(C) MONETARY COMPENSATION.—The re12 ceipt of monetary compensation by the person 

13 conducting the filming or still photography ac14 tivity shall not affect the permissibility of the 

15 filming or still photography activity or the ap16 plication of the requirements under this section. 

17 ‘‘(D) WILDERNESS ACT APPLICABILITY.— 

18 ‘‘(i) IN GENERAL.—Nothing in this 

19 subsection supersedes the provisions of the 

20 Wilderness Act (16 U.S.C. 1131 et seq.). 

21 ‘‘(ii) APPLICABILITY.—The provisions 

22 of this section shall apply in a component 

23 of the National Wilderness Preservation 

24 System to the extent consistent with the 

25 Wilderness Act (16 U.S.C. 1131 et seq.). 


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1 ‘‘(b) FEES AND RECOVERY COSTS.— 

2 ‘‘(1) FEES.—The reasonable fees referred to in 

3 paragraphs (4) and (7)(A) (8)(A) of subsection (a) 

4 shall meet each of the following criteria: 

5 ‘‘(A) The reasonable fee shall provide a 

6 fair return to the United States. 

7 ‘‘(B) The reasonable fee shall be based on 

8 the following criteria: 

9 ‘‘(i) The number of days of the film10 ing or still photography activity. 

11 ‘‘(ii) The size of the film or still pho12 tography crew present at the Federal land 

13 management unit. 

14 ‘‘(iii) The quantity and type of film or 

15 still photography equipment present at the 

16 Federal land management unit. 

17 ‘‘(iv) Any other factors that the Sec18 retary concerned determines to be nec19 essary. 

20 ‘‘(2) RECOVERY OF COSTS.— 

21 ‘‘(A) IN GENERAL.—For any permit issued 

22 under subsection (a) and in addition to any fee 

23 assessed in accordance with paragraph (1), the 

24 Secretary concerned shall collect from the appli25 cant for the applicable permit any costs inVerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873

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1 curred by the Secretary concerned related to a 

2 filming or still photography activity subject to a 

3 permit under subsection (a)(4), including— 

4 ‘‘(i) the costs of the review or issuance 

5 of the permit; and 

6 ‘‘(ii) related administrative and per7 sonnel costs. 

8 ‘‘(B) EFFECT ON FEES COLLECTED.—All 

9 costs recovered under subparagraph (A) shall 

10 be in addition to the fee described in paragraph 

11 (1). 

12 ‘‘(3) USE OF PROCEEDS.— 

13 ‘‘(A) FEES.—All fees collected under this 

14 section shall— 

15 ‘‘(i) be available for expenditure by 

16 the Secretary concerned, without further 

17 appropriation, in accordance with the for18 mula and purposes established in the Fed19 eral Lands Recreation Enhancement Act 

20 (16 U.S.C. 6801 et seq.); and 

21 ‘‘(ii) remain available until expended. 

22 ‘‘(B) COSTS.—All costs recovered under 

23 paragraph (2)(A) shall— 

24 ‘‘(i) be available for expenditure by 

25 the Secretary concerned, without further 


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1 appropriation, at the Federal land manage2 ment unit at which the costs are collected; 

3 and 

4 ‘‘(ii) remain available until expended. 

5 ‘‘(c) PROTECTION OF RESOURCES.—The Secretary 

6 concerned may create use limits on or require a person 

7 to cease, move, or modify a filming or still photography 

8 activity, whether or not the activity has been permitted, 

9 if the Secretary concerned determines that— 

10 ‘‘(1) there is a likelihood that the person would 

11 cause resource damage at the Federal land manage12 ment unit, except as otherwise authorized; 

13 ‘‘(2) the person would create an unreasonable 

14 disruption of the use and enjoyment by the public of 

15 the Federal land management unit; 

16 ‘‘(3) the activity would impede the routine, 

17 emergency, or otherwise necessary management and 

18 staff operations on the System unit; or 

19 ‘‘(4) the filming or still photography activity 

20 poses a health or safety risk to the public. 

21 ‘‘(d) PROCESSING OF PERMIT APPLICATIONS.— 

22 ‘‘(1) IN GENERAL.—The Secretary concerned 

23 shall establish a process to ensure that the Secretary 

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1 cation for a permit for a filming or still photography 

2 activity required under subsection (a)(4). 

3 ‘‘(2) COORDINATION.—If a permit is required 

4 under this section for 2 or more Federal agencies or 

5 Federal land management units, the Secretary con6 cerned and the head of any other applicable Federal 

7 agency, as applicable, shall, to the maximum extent 

8 practicable, coordinate permit processing procedures, 

9 including through the use of identifying a lead agen10 cy or lead Federal land management unit— 

11 ‘‘(A) to review the application for the per12 mit; 

13 ‘‘(B) to issue the permit; and 

14 ‘‘(C) to collect any required fees. 

15 ‘‘(e) GUIDANCE.—Not later than 2 years after the date 

16 of enactment of the America’s Outdoor Recreation Act of 

17 2023, each of the Secretary of the Interior and the Secretary 

18 of Agriculture shall issue guidance to implement this sec19 tion, including establishing a civil penalty for failing to 

20 obtain a de minimis use authorization required under sub21 section (a)(3) or a permit required under subsection (a)(4). 

22 ‘‘(e)(f) DEFINITIONS.—In this section: 

23 ‘‘(1) FEDERAL LAND MANAGEMENT UNIT.—The 

24 term ‘Federal land management unit’ means— 


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1 ‘‘(A) Federal land (other than National 

2 Park System land) under the jurisdiction of the 

3 Secretary of the Interior; and 

4 ‘‘(B) National Forest System land. 

5 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec6 retary concerned’ means— 

7 ‘‘(A) the Secretary of the Interior, with re8 spect to land described in paragraph (1)(A); 

9 and 

10 ‘‘(B) the Secretary of Agriculture, with re11 spect to land described in paragraph (1)(B).’’. 

12 SEC. 402. VOLUNTEER ENHANCEMENT PROGRAM. 

13 The Volunteers in the National Forests Act of 1972 

14 (16 U.S.C. 558a et seq.) is amended— 

15 (1) by striking section 5; 

16 (2) by redesignating the first section and sec17 tions 2, 3, and 4 as sections 4, 5, 6, and 9, respec18 tively; 

19 (3) by inserting before section 4 (as so redesig20 nated) the following: 

21 ‘‘SECTION 1. SHORT TITLE. 

22 ‘‘This Act may be cited as the ‘Volunteers in the Na23 tional Forests and Public Land Act’. 


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1 ‘‘SEC. 2. PURPOSE. 

2 ‘‘The purpose of this Act is to leverage volunteer en3 gagement to supplement projects that are carried out by 

4 the Secretaries to fulfill the missions of the Forest Service 

5 and the Bureau of Land Management and are accom6 plished with appropriated funds. 

7 ‘‘SEC. 3. DEFINITION OF SECRETARIES. 

8 ‘‘In this Act, the term ‘Secretaries’ means each of— 

9 ‘‘(1) the Secretary of Agriculture, acting 

10 through the Chief of the Forest Service; and 

11 ‘‘(2) the Secretary of the Interior, acting 

12 through the Director of the Bureau of Land Man13 agement.’’; 

14 (4) in section 4 (as so redesignated)— 

15 (A) by striking the section designation and 

16 all that follows through ‘‘(hereinafter referred 

17 to as the ‘Secretary’) is’’ in the first sentence 

18 and inserting the following: 

19 ‘‘SEC. 4. AUTHORIZATION. 

20 ‘‘The Secretaries are’’; 

21 (B) in the first sentence— 

22 (i) by inserting ‘‘and’’ after ‘‘civil 

23 service’’; 

24 (ii) by inserting ‘‘recreation access, 

25 trail construction or maintenance, facility 

26 construction or maintenance, educational 


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1 uses (including outdoor classroom con2 struction or maintenance),’’ after ‘‘for or 

3 in aid of’’; and 

4 (iii) by striking ‘‘Secretary through 

5 the Forest Service’’ and inserting ‘‘Secre6 taries’’; and 

7 (C) in the second sentence, by striking 

8 ‘‘Secretary’’ and inserting ‘‘Secretaries’’; 

9 (5) in section 5 (as so redesignated)— 

10 (A) by striking the section designation and 

11 all that follows through ‘‘Secretary is’’ and in12 serting the following: 

13 ‘‘SEC. 5. INCIDENTAL EXPENSES. 

14 ‘‘The Secretaries are’’; and 

15 (B) by inserting ‘‘training, equipment,’’ 

16 after ‘‘lodging,’’; 

17 (6) in section 6 (as so redesignated)— 

18 (A) by striking the section designation and 

19 all that follows through ‘‘(a) Except as’’ and in20 serting the following: 

21 ‘‘SEC. 6. CONSIDERATION AS FEDERAL EMPLOYEE. 

22 ‘‘(a) Except as’’; and 

23 (B) in subsection (e)— 


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1 (i) in the matter preceding paragraph 

2 (1), by striking ‘‘the Secretary’’ and insert3 ing ‘‘either of the Secretaries’’; 

4 (ii) in paragraph (1), by striking 

5 ‘‘with the Secretary’’ and inserting ‘‘or co6 operative agreement with either of the Sec7 retaries’’; and 

8 (iii) in paragraph (2)— 

9 (I) in the matter preceding sub10 paragraph (A), by striking ‘‘the Sec11 retary in the mutual benefit agree12 ment’’ and inserting ‘‘either of the 

13 Secretaries in the mutual benefit 

14 agreement or cooperative agreement’’; 

15 (II) in subparagraph (A), by 

16 striking ‘‘to be performed by the vol17 unteers’’ and inserting ‘‘, including 

18 the geographic boundaries of the work 

19 to be performed by the volunteers,’’; 

20 (III) in subparagraph (B), by 

21 striking ‘‘and’’ at the end; 

22 (IV) in subparagraph (C)— 

23 (aa) by striking ‘‘the Sec24 retary, when feasible’’ and insert25 ing ‘‘either of the Secretaries, if 


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1 feasible and only if necessary’’; 

2 and 

3 (bb) by striking the period 

4 at the end and inserting a semi5 colon; and 

6 (V) by adding at the end the fol7 lowing: 

8 ‘‘(D) the equipment the volunteers are au9 thorized to use; 

10 ‘‘(E) the training the volunteers are re11 quired to complete; 

12 ‘‘(F) the actions the volunteers are author13 ized to take; and 

14 ‘‘(G) any other terms and conditions that 

15 are determined to be necessary by the applica16 ble Secretary.’’; 

17 (7) by inserting before section 9 (as so redesig18 nated) the following: 

19 ‘‘SEC. 7. PROMOTION OF VOLUNTEER OPPORTUNITIES. 

20 ‘‘The Secretaries shall promote volunteer opportuni21 ties in areas administered by the Secretaries. 

22 ‘‘SEC. 8. LIABILITY INSURANCE. 

23 ‘‘The Secretaries shall not require a cooperator or 

24 volunteer (as those terms are used in section 6) to have 


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1 liability insurance to provide the volunteer services author2 ized under this Act.’’; and 

3 (8) in section 9 (as so redesignated), by striking 

4 the section designation and all that follows through 

5 ‘‘There are’’ and inserting the following: 

6 ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

7 ‘‘There are’’. 

8 SEC. 403. CAPE AND ANTLER PRESERVATION ENHANCE9 MENT. 

10 Section 104909(c) of title 54, United States Code, 

11 is amended by striking ‘‘meat from’’ and inserting ‘‘meat 

12 and any other part of an animal removed pursuant to’’. 

13 SEC. 404. FEDERAL LAND AND WATER AQUATIC RESOURCE 

14 ACTIVITIES ASSISTANCE. 

15 (a) DEFINITIONS.—In this section: 

16 (1) AQUATIC NUISANCE SPECIES TASK

17 FORCE.—The term ‘‘Aquatic Nuisance Species Task 

18 Force’’ means the Aquatic Nuisance Species Task 

19 Force established by section 1201(a) of the Non20 indigenous Aquatic Nuisance Prevention and Control 

21 Act of 1990 (16 U.S.C. 4721(a)). 

22 (2) FEDERAL LAND AND WATER.—The term 

23 ‘‘Federal land and water’’ means Federal land and 

24 water operated and maintained by the Bureau of 


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1 Land Management, Bureau of Reclamation, Forest 

2 Service, or National Park Service, as applicable. 

3 (3) INSPECTION.—The term ‘‘inspection’’ 

4 means an inspection to prevent and respond to bio5 logical invasions of an aquatic ecosystem. 

6 (4) PARTNER.—The term ‘‘partner’’ means— 

7 (A) a Reclamation State; 

8 (B) an Indian Tribe in a Reclamation 

9 State; 

10 (C) an applicable nonprofit organization in 

11 a Reclamation State; or 

12 (D) a unit of local government in a Rec13 lamation State. 

14 (5) RECLAMATION STATE.—The term ‘‘Rec15 lamation State’’ includes any of the States of— 

16 (A) Alaska; 

17 (B) Arizona; 

18 (C) California; 

19 (D) Colorado; 

20 (E) Idaho; 

21 (F) Kansas; 

22 (G) Montana; 

23 (H) Nebraska; 

24 (I) Nevada; 

25 (J) New Mexico; 


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1 (K) North Dakota; 

2 (L) Oklahoma; 

3 (M) Oregon; 

4 (N) South Dakota; 

5 (O) Texas; 

6 (P) Utah; 

7 (Q) Washington; and 

8 (R) Wyoming. 

9 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

10 means each of— 

11 (A) the Secretary, acting through the Di12 rector of the Bureau of Land Management, the 

13 Commissioner of Reclamation, and the Director 

14 of the National Park Service; and 

15 (B) the Secretary of Agriculture, acting 

16 through the Chief of the Forest Service. 

17 (b) AUTHORITY OF BUREAU OF LAND MANAGE18 MENT, BUREAU OF RECLAMATION, NATIONAL PARK

19 SERVICE, AND FOREST SERVICE WITH RESPECT TO CER20 TAIN AQUATIC RESOURCE ACTIVITIES ON FEDERAL LAND

21 AND WATER.— 

22 (1) IN GENERAL.—The Secretaries may inspect 

23 and decontaminate vessels entering or leaving Fed24 eral land and water located within a river basin that 

25 contains a Bureau of Reclamation water project. 


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1 (2) REQUIREMENTS.—The Secretaries shall— 

2 (A) in carrying out an inspection under 

3 paragraph (1), coordinate with 1 or more part4 ners; 

5 (B) consult with the Aquatic Nuisance 

6 Species Task Force to identify potential im7 provements and efficiencies in the detection and 

8 management of invasive species on Federal land 

9 and water; and 

10 (C) to the maximum extent practicable, in11 spect vessels in a manner that minimizes dis12 ruptions to public access for boating and recre13 ation in noncontaminated vessels. 

14 (3) PARTNERSHIPS.—The Secretaries may 

15 enter into a partnership to provide technical assist16 ance to a partner— 

17 (A) to carry out an inspection or decon18 tamination of vessels; or 

19 (B) to establish an inspection and decon20 tamination station for vessels. 

21 (4) LIMITATION.—The Secretaries shall not 

22 prohibit access to Federal land and water for vessels 

23 under this subsection in the absence of an inspector. 

24 (5) DATA SHARING.—The Secretaries shall 

25 make available to a Reclamation State any data 


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1 gathered related to inspections carried out in the 

2 Reclamation State under this subsection. 

3 (c) GRANT PROGRAM FOR RECLAMATION STATES

4 FOR VESSEL INSPECTION AND DECONTAMINATION STA5 TIONS.— 

6 (1) VESSELS INSPECTIONS IN RECLAMATION

7 STATES.—Subject to the availability of appropria8 tions, the Secretary, acting through the Commis9 sioner of Reclamation, shall establish a competitive 

10 grant program to provide grants to partners to con11 duct inspections and decontamination of vessels op12 erating in reservoirs operated and maintained by the 

13 Secretary, including to purchase, establish, operate, 

14 or maintain a vessel inspection and decontamination 

15 station. 

16 (2) COST SHARE.—The Federal share of the 

17 cost of a grant under paragraph (1), including per18 sonnel costs, shall not exceed 75 percent. 

19 (3) STANDARDS.—Before awarding a grant 

20 under paragraph (1), the Secretary shall determine 

21 that the project is technically and financially fea22 sible. 

23 (4) COORDINATION.—In carrying out this sub24 section, the Secretary shall coordinate with— 

25 (A) each of the Reclamation States; 


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1 (B) affected Indian Tribes; and 

2 (C) the Aquatic Nuisance Species Task 

3 Force. 

4 SEC. 405. AMENDMENTS TO THE MODERNIZING ACCESS TO 

5 OUR PUBLIC LAND ACT. 

6 The Modernizing Access to Our Public Land Act (16 

7 U.S.C. 6851 et seq.) is amended— 

8 (1) in section 3(1) (16 U.S.C. 6852(1)), by 

9 striking ‘‘public outdoor recreational use’’ and in10 serting ‘‘recreation sites’’; 

11 (2) in section 5(a)(4) (16 U.S.C. 6854(a)(4)), 

12 by striking ‘‘permanently restricted or prohibited’’ 

13 and inserting ‘‘regulated or closed’’; and 

14 (3) in section 6(b) (16 U.S.C. 6855(b))— 

15 (A) by striking ‘‘may’’ and inserting 

16 ‘‘shall’’; and 

17 (B) by striking ‘‘the Secretary of the Inte18 rior’’ and inserting ‘‘the Secretaries’’. 

19 SEC. 406. OUTDOOR RECREATION LEGACY PARTNERSHIP 

20 PROGRAM. 

21 (a) DEFINITIONS.—In this section: 

22 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti23 ty’’ means an entity that represents or otherwise 

24 serves a qualifying area. 


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1 (2) ELIGIBLE NONPROFIT ORGANIZATION.—The 

2 term ‘‘eligible nonprofit organization’’ means an or3 ganization that is described in section 501(c)(3) of 

4 the Internal Revenue Code of 1986 and is exempt 

5 from taxation under section 501(a) of such code. 

6 (3) ENTITY.—The term ‘‘entity’’ means— 

7 (A) a State; 

8 (B) a political subdivision of a State, in9 cluding— 

10 (i) a city; 

11 (ii) a county; and 

12 (iii) a special purpose district that 

13 manages open space, including a park dis14 trict; and 

15 (C) an Indian Tribe, urban Indian organi16 zation, or Alaska Native or Native Hawaiian 

17 community or organization. 

18 (4) LOW-INCOME COMMUNITY.—The term ‘‘low19 income community’’ means any census block group 

20 in which 30 percent or more of the population are 

21 individuals with an annual household income equal 

22 to, or less than, the greater of— 

23 (A) an amount equal to 80 percent of the 

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1 hold is located, as reported by the Department 

2 of Housing and Urban Development; and 

3 (B) an amount equal to 200 percent of the 

4 Federal poverty line. 

5 (5) OUTDOOR RECREATION LEGACY PARTNER6 SHIP PROGRAM.—The term ‘‘Outdoor Recreation 

7 Legacy Partnership Program’’ means the program 

8 established under subsection (b)(1). 

9 (6) QUALIFYING AREA.—The term ‘‘qualifying 

10 area’’ means— 

11 (A) an urbanized area or urban cluster 

12 that has a population of 25,000 or more in the 

13 most recent census; 

14 (B) 2 or more adjacent urban clusters with 

15 a combined population of 25,000 or more in the 

16 most recent census; or 

17 (C) an area administered by an Indian 

18 Tribe or an Alaska Native or Native Hawaiian 

19 community organization. 

20 (7) STATE.—The term ‘‘State’’ means each of 

21 the several States, the District of Columbia, and 

22 each territory of the United States. 

23 (b) GRANTS AUTHORIZED.— 

24 (1) ESTABLISHMENT OF PROGRAM.— 


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1 (A) IN GENERAL.—The Secretary shall es2 tablish an outdoor recreation legacy partnership 

3 program under which the Secretary may award 

4 grants to eligible entities for projects— 

5 (i) to acquire land and water for 

6 parks and other outdoor recreation pur7 poses in qualifying areas; and 

8 (ii) to develop new or renovate exist9 ing outdoor recreation facilities that pro10 vide outdoor recreation opportunities to the 

11 public in qualifying areas. 

12 (B) PRIORITY.—In awarding grants to eli13 gible entities under subparagraph (A), the Sec14 retary shall give priority to projects that— 

15 (i) create or significantly enhance ac16 cess to park and recreational opportunities 

17 in an urban neighborhood or community; 

18 (ii) engage and empower underserved 

19 communities and youth; 

20 (iii) provide employment or job train21 ing opportunities for youth or underserved 

22 communities; 

23 (iv) establish or expand public-private 

24 partnerships, with a focus on leveraging re25 sources; and 


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1 (v) take advantage of coordination 

2 among various levels of government. 

3 (2) MATCHING REQUIREMENT.— 

4 (A) IN GENERAL.—As a condition of re5 ceiving a grant under paragraph (1), an eligible 

6 entity shall provide matching funds in the form 

7 of cash or an in-kind contribution in an amount 

8 equal to not less than 100 percent of the 

9 amounts made available under the grant. 

10 (B) WAIVER.—The Secretary may waive 

11 all or part of the matching requirement under 

12 subparagraph (A) if the Secretary determines 

13 that— 

14 (i) no reasonable means are available 

15 through which the eligible entity can meet 

16 the matching requirement; and 

17 (ii) the probable benefit of the project 

18 outweighs the public interest in the match19 ing requirement. 

20 (C) ADMINISTRATIVE EXPENSES.—Not 

21 more than 10 percent of funds provided to an 

22 eligible entity under a grant awarded under 

23 paragraph (1) may be used for administrative 

24 expenses. 


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1 (3) CONSIDERATIONS.—In awarding grants to 

2 eligible entities under paragraph (1), the Secretary 

3 shall consider the extent to which a project would— 

4 (A) provide recreation opportunities in un5 derserved communities in which access to parks 

6 is not adequate to meet local needs; 

7 (B) provide opportunities for outdoor 

8 recreation and public land volunteerism; 

9 (C) support innovative or cost-effective 

10 ways to enhance parks and other recreation— 

11 (i) opportunities; or 

12 (ii) delivery of services; 

13 (D) support park and recreation program14 ming provided by cities, including cooperative 

15 agreements with community-based eligible non16 profit organizations; 

17 (E) develop Native American event sites 

18 and cultural gathering spaces; and 

19 (F) provide benefits such as community re20 silience, reduction of urban heat islands, en21 hanced water or air quality, or habitat for fish 

22 or wildlife. 

23 (4) ELIGIBLE USES.— 

24 (A) IN GENERAL.—Subject to subpara25 graph (B), a grant recipient may use a grant 


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1 awarded under paragraph (1) for a project de2 scribed in subparagraph (A) or (B) of that 

3 paragraph. 

4 (B) LIMITATIONS ON USE.—A grant recipi5 ent may not use grant funds for— 

6 (i) incidental costs related to land ac7 quisition, including appraisal and titling; 

8 (ii) operation and maintenance activi9 ties; 

10 (iii) facilities that support 

11 semiprofessional or professional athletics; 

12 (iv) indoor facilities, such as recre13 ation centers or facilities that support pri14 marily non-outdoor purposes; or 

15 (v) acquisition of land or interests in 

16 land that restrict access to specific per17 sons. 

18 (c) REVIEW AND EVALUATION REQUIREMENTS.—In 

19 carrying out the Outdoor Recreation Legacy Partnership 

20 Program, the Secretary shall— 

21 (1) conduct an initial screening and technical 

22 review of applications received; 

23 (2) evaluate and score all qualifying applica24 tions; and 


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1 (3) provide culturally and linguistically appro2 priate information to eligible entities (including low3 income communities and eligible entities serving low4 income communities) on— 

5 (A) the opportunity to apply for grants 

6 under this section; 

7 (B) the application procedures by which el8 igible entities may apply for grants under this 

9 section; and 

10 (C) eligible uses for grants under this sec11 tion. 

12 (d) REPORTING.— 

13 (1) ANNUAL REPORTS.—Not later than 30 days 

14 after the last day of each report period, each State 

15 lead agency that receives a grant under this section 

16 shall annually submit to the Secretary performance 

17 and financial reports that— 

18 (A) summarize project activities conducted 

19 during the report period; and 

20 (B) provide the status of the project. 

21 (2) FINAL REPORTS.—Not later than 90 days 

22 after the earlier of the date of expiration of a project 

23 period or the completion of a project, each State 

24 lead agency that receives a grant under this section 

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1 taining such information as the Secretary may re2 quire. 

3 SEC. 407. RECREATION BUDGET CROSSCUT. 

4 Not later than 30 days after the end of each fiscal 

5 year, beginning with fiscal year 2025, the Director of the 

6 Office of Management and Budget shall submit to Con7 gress and make public online a report that describes and 

8 itemizes the total amount of funding relating to outdoor 

9 recreation that was obligated in the preceding fiscal year 

10 in accounts in the Treasury for the Department of the 

11 Interior and the Department of Agriculture. 


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Calendar No. 172 

118TH CONGRESS 

1ST SESSION S. 873 

[Report No. 118–79] 

A BILL 

To improve recreation opportunities on, and facilifor other purposes. tate greater access to, Federal public land, and 

JULY 26, 2023 

Reported with amendments 


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