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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4553 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4553

    To ensure access to certain public land, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2024

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

_______________________________________________________________________

                                 A BILL

 
    To ensure access to certain public land, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Outdoor Americans with Disabilities 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Disability-accessible land.--The term ``disability-
        accessible land'' means each square mile of public land 
        assessed, as of the date of enactment of this Act, to have not 
        less than 2.5 miles of authorized road accessible to motorized 
        vehicles or off-road vehicles.
            (2) Off-road vehicle.--The term ``off-road vehicle'' means 
        any motorized vehicle capable of, or designed for, travel on or 
        immediately over land, water, or other natural terrain.
            (3) Public land.--The term ``public land'' means--
                    (A) National Forest System land; and
                    (B) land under the jurisdiction of the Secretary of 
                the Interior.
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture (acting through 
                the Chief of the Forest Service), with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                land under the jurisdiction of the Secretary of the 
                Interior.

SEC. 3. UPDATES TO TRAVEL MANAGEMENT PLANS AND MOTOR VEHICLE USE PLANS.

    Notwithstanding any other provision of law (including regulations), 
the Secretaries concerned shall prioritize updating travel management 
plans and motor vehicle use plans of the Bureau of Land Management and 
the Forest Service.

SEC. 4. MOTOR VEHICLE USE MAPS AND DESIGNATION OF CERTAIN PUBLIC LAND 
              AS OPEN, LIMITED, OR CLOSED TO OFF-ROAD VEHICLES.

    (a) In General.--Notwithstanding any other provision of law 
(including regulations), the Secretary of Agriculture (acting through 
the Chief of the Forest Service), for purposes of developing motor 
vehicle use maps under section 212.56 of title 36, Code of Federal 
Regulations (or a successor regulation), and the Secretary of the 
Interior, for purposes of designating public land under the 
jurisdiction of the Secretary of the Interior as open, limited, or 
closed to off-road vehicles under section 8342.3 of title 43, Code of 
Federal Regulations (or a successor regulation), shall--
            (1) account for the total length of traversable, approved 
        roads in each square mile of public land managed by the 
        applicable Secretary concerned;
            (2) for purposes of closing roads under the jurisdiction of 
        the Secretary concerned, comply with the requirements 
        established under subsection (b);
            (3) prioritize the inclusion and approval of roads on 
        public land that provide access to diverse opportunities for 
        recreation, including hunting, fishing, visiting cultural and 
        natural sites, birdwatching, hiking, picnicking, camping, 
        boating, mountain biking, and the use of motorized vehicles or 
        off-road vehicles (including electric bicycles and over-snow 
        vehicles);
            (4) coordinate with appropriate Federal agencies, State, 
        county, and other local governmental entities, and Tribal 
        governments for purposes of identifying routes on public land 
        that are considered to be desirable for recreation to ensure 
        the public land is disability-accessible land;
            (5) have the authority to revise a route on public land as 
        the Secretary concerned determines to be necessary to address 
        changes to conditions occurring after the date of the 
        designation of the route; and
            (6) ensure that any road that is subject to a claim under 
        section 2477 of the Revised Statutes (43 U.S.C. 932) (repealed 
        by section 706 of the Federal Land Policy and Management Act of 
        1976 (Public Law 94-579; 90 Stat. 2793)) that has not been 
        adjudicated or litigated shall remain open until the 
        adjudication or litigation has been completed.
    (b) Road Closures.--
            (1) In general.--For purposes of subsection (a)(2)--
                    (A) in the case of disability-accessible land, the 
                Secretary concerned shall not close roads that would 
                result in a net decrease of authorized road accessible 
                to motorized vehicles or off-road vehicles to the 
                extent that the public land would no longer be 
                designated as disability-accessible land, unless--
                            (i) the road on public land being closed 
                        was established during the 1-year period ending 
                        on the date of the closure to address a 
                        temporary need or emergency; or
                            (ii) the Secretary concerned--
                                    (I) determines that the road on 
                                public land being closed poses a direct 
                                threat to the health or safety of 
                                personnel or visitors to the public 
                                land; and
                                    (II) complies with the requirements 
                                of paragraphs (3) and (4) with respect 
                                to the closure; and
                    (B) in the case of public land that is not 
                considered to be disability-accessible land--
                            (i) the Secretary concerned shall consider 
                        opening any road on public land that was closed 
                        during the 10-year period ending on the date of 
                        enactment of this Act;
                            (ii) the Secretary concerned shall not 
                        close any additional roads on public land, 
                        unless the Secretary concerned--
                                    (I) determines that the road poses 
                                a direct threat to the health or safety 
                                of personnel or visitors to the public 
                                land; and
                                    (II) complies with the requirements 
                                of paragraphs (3) and (4) with respect 
                                to the closure; and
                            (iii) the Secretary concerned shall not 
                        close any roads on public land that the 
                        Secretary concerned determines are beneficial 
                        for fuels reduction treatments, wildfire 
                        response, or search and rescue activities.
            (2) Notice and hearing.--For purposes of a road closure 
        under subparagraph (A) or (B) of paragraph (1), the Secretary 
        concerned shall--
                    (A) provide notice of the proposed closure to allow 
                for public comment, which may be provided after the 
                closure if the Secretary concerned determines that 
                there is an immediate threat to the health or safety of 
                personnel or visitors to the public land; and
                    (B) conduct a public hearing with respect to the 
                closure, which may be held after the closure if the 
                Secretary concerned makes a determination in the 
                affirmative under subparagraph (A).
            (3) New roads.--For purposes of a road closure under 
        subparagraph (A) or (B) of paragraph (1), the Secretary 
        concerned shall--
                    (A) provide for the nomination of new roads on 
                public land to be added to a motor vehicle use plan or 
                travel management plan of the Secretary concerned; and
                    (B) establish an appropriate new road on public 
                land not later than 1 year after the date on which the 
                road is closed under that paragraph.
            (4) Categorical exclusion.--A road closure that the 
        Secretary concerned determines to be necessary under 
        subparagraph (A) or (B) of paragraph (1) or the establishment 
        of a new road nominated for establishment under subparagraph 
        (A) of paragraph (3) shall be categorically excluded from the 
        requirements of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), subject to any regulations requiring 
        a determination that there are no extraordinary circumstances 
        that warrant the preparation of an environmental assessment or 
        an environmental impact statement with respect to the proposed 
        road closure or establishment of the new road.
            (5) Rebuttable presumption.--For purposes of the review of 
        a road closure under subparagraph (A) or (B) of paragraph (1), 
        there shall be a rebuttable presumption that roads shall remain 
        open for public use, which may only be rebutted by clear and 
        compelling evidence demonstrating that the closure of the road 
        is necessary in accordance with this Act.
    (c) Regulations.--The Secretaries concerned may issue or revise 
regulations to carry out this section.

SEC. 5. EFFECT OF ACT.

    Nothing in this Act--
            (1) prohibits the Secretary concerned from developing new 
        roads or trails on public land for the use of motorized 
        vehicles or off-road vehicles; or
            (2) establishes new roads or trails in a component of the 
        National Wilderness System, inventoried roadless area, 
        congressionally designated primitive area, or unit of the 
        National Park System (other than a National Recreation Area).
                                 <all>
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