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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3123 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 595
118th CONGRESS
  2d Session
                                S. 3123

 To provide for the standardization, consolidation, and publication of 
 data relating to public outdoor recreational use of Federal waterways 
    among Federal land and water management agencies, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2023

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

                           November 21, 2024

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To provide for the standardization, consolidation, and publication of 
 data relating to public outdoor recreational use of Federal waterways 
    among Federal land and water management agencies, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Modernizing Access to Our 
Public Waters Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Federal fishing restriction.--The term 
        ``Federal fishing restriction'' means a defined area in which 
        all or certain fishing activities are temporarily or 
        permanently prohibited or restricted by a Federal land or water 
        management agency.</DELETED>
        <DELETED>    (2) Federal land or water management agency.--The 
        term ``Federal land or water management agency'' means--
        </DELETED>
                <DELETED>    (A) the Bureau of Reclamation;</DELETED>
                <DELETED>    (B) the National Park Service;</DELETED>
                <DELETED>    (C) the Bureau of Land 
                Management;</DELETED>
                <DELETED>    (D) the United States Fish and Wildlife 
                Service; and</DELETED>
                <DELETED>    (E) the Forest Service.</DELETED>
        <DELETED>    (3) Federal waterway.--The term ``Federal 
        waterway'' means any portion of a body of water managed 
        partially or wholly by 1 or more of the relevant 
        Secretaries.</DELETED>
        <DELETED>    (4) Federal waterway restriction.--The term 
        ``Federal waterway restriction'' means a restriction on the 
        access or use of a Federal waterway applied under applicable 
        law by 1 or more of the Secretaries.</DELETED>
        <DELETED>    (5) Secretaries.--The term ``Secretaries'' means--
        </DELETED>
                <DELETED>    (A) the Secretary of Agriculture, acting 
                through the Chief of the Forest Service; and</DELETED>
                <DELETED>    (B) the Secretary of the 
                Interior.</DELETED>

<DELETED>SEC. 3. INTERAGENCY DATA STANDARDIZATION.</DELETED>

<DELETED>    Not later than 30 months after the date of enactment of 
this Act, the Secretaries shall jointly develop and adopt interagency 
standards to ensure compatibility and interoperability among applicable 
Federal databases with respect to the collection and dissemination of 
geospatial data relating to public outdoor recreational use of Federal 
waterways and Federal fishing restrictions.</DELETED>

<DELETED>SEC. 4. DATA CONSOLIDATION AND PUBLICATION.</DELETED>

<DELETED>    (a) Federal Waterway Restrictions.--Not later than 4 years 
after the date of enactment of this Act, each of the Secretaries, to 
the maximum extent practicable, shall digitize and make publicly 
available online, as applicable, geographic information system data 
that includes, with respect to Federal waterway restrictions--
</DELETED>
        <DELETED>    (1) status information with respect to the 
        conditions under which Federal waterways are open or closed to 
        entry or watercraft, including watercraft inspection or 
        decontamination requirements;</DELETED>
        <DELETED>    (2) the dates on which Federal waterways are 
        seasonally closed to entry or watercraft;</DELETED>
        <DELETED>    (3) the areas of Federal waterways with 
        restrictions on motorized propulsion, horsepower, or gasoline 
        fuel;</DELETED>
        <DELETED>    (4) the areas of Federal waterways with anchoring 
        restrictions, no wake zones, or vessel speed 
        restrictions;</DELETED>
        <DELETED>    (5) Federal waterway restrictions on the direction 
        of travel, including upstream or downstream travel; 
        and</DELETED>
        <DELETED>    (6) the types of watercraft that are restricted on 
        each area of a Federal waterway, including the permissibility 
        of--</DELETED>
                <DELETED>    (A) canoes;</DELETED>
                <DELETED>    (B) rafts and driftboats;</DELETED>
                <DELETED>    (C) motorboats;</DELETED>
                <DELETED>    (D) personal watercraft;</DELETED>
                <DELETED>    (E) airboats;</DELETED>
                <DELETED>    (F) amphibious aircraft;</DELETED>
                <DELETED>    (G) hovercraft; and</DELETED>
                <DELETED>    (H) oversnow vehicles and other motorized 
                vehicles on frozen bodies of water.</DELETED>
<DELETED>    (b) Federal Waterway Access and Navigation Information.--
Not later than 4 years after the date of enactment of this Act, each of 
the Secretaries, to the maximum extent practicable, shall digitize and 
make publicly available online, as applicable, geographic information 
system data that includes, with respect to Federal waterway access and 
navigation information--</DELETED>
        <DELETED>    (1)(A) the location of boat ramps, portages, and 
        fishing access sites under the authority of the Federal land or 
        water management agency; and</DELETED>
        <DELETED>    (B) the identification of the dates on which the 
        facilities and sites identified under subparagraph (A) are open 
        or closed, as applicable; and</DELETED>
        <DELETED>    (2) bathymetric information and depth 
        charts.</DELETED>
<DELETED>    (c) Federal Fishing Restrictions.--Not later than 4 years 
after the date of enactment of this Act, each of the Secretaries, to 
the maximum extent practicable, shall digitize and make publicly 
available online geographic information system data that describes, 
with respect to Federal fishing restrictions--</DELETED>
        <DELETED>    (1) the location and geographic boundaries of 
        Federal fishing restrictions on recreational and commercial 
        fishing, including--</DELETED>
                <DELETED>    (A) full or partial closures;</DELETED>
                <DELETED>    (B) no-take zones; and</DELETED>
                <DELETED>    (C) Federal fishing restrictions within or 
                surrounding marine protected areas;</DELETED>
        <DELETED>    (2) Federal fishing restrictions on the use of 
        specific types of equipment or bait, such as restrictions on 
        the use of barbed hooks or live bait; and</DELETED>
        <DELETED>    (3) Federal requirements with respect to catch and 
        release.</DELETED>
<DELETED>    (d) Public Comment.--The Secretaries shall develop a 
process to allow members of the public to submit questions or comments 
regarding the information described in subsections (a) and 
(b).</DELETED>
<DELETED>    (e) Updates.--The Secretaries, to the maximum extent 
practicable, shall update--</DELETED>
        <DELETED>    (1) the data described in subsections (a) and (b) 
        not less frequently than 2 times per year; and</DELETED>
        <DELETED>    (2) the data described in subsection (c) in real 
        time as changes go into effect.</DELETED>
<DELETED>    (f) Exclusion.--This section shall not apply to irrigation 
canals and flowage easements.</DELETED>
<DELETED>    (g) Disclosure.--Any geographic information system data 
made publicly available under this section shall not disclose 
information regarding the nature, location, character, or ownership of 
historic, paleontological, or archaeological resources, consistent with 
applicable law.</DELETED>

<DELETED>SEC. 5. COOPERATION AND COORDINATION.</DELETED>

<DELETED>    (a) Community Partners and Third-Party Providers.--For 
purposes of carrying out this Act, the Secretaries may--</DELETED>
        <DELETED>    (1) coordinate and partner with non-Federal 
        agencies and private sector and nonprofit partners, including--
        </DELETED>
                <DELETED>    (A) State natural resource 
                agencies;</DELETED>
                <DELETED>    (B) technology companies;</DELETED>
                <DELETED>    (C) geospatial data companies; 
                and</DELETED>
                <DELETED>    (D) experts in data science, analytics, 
                and operations research; and</DELETED>
        <DELETED>    (2) enter into an agreement with a third party to 
        carry out any provision of this Act.</DELETED>
<DELETED>    (b) United States Geological Survey.--The Secretaries may 
work with the Director of the United States Geological Survey to 
collect, aggregate, digitize, standardize, and publish data on behalf 
of the Secretaries to meet the requirements of this Act.</DELETED>
<DELETED>    (c) Requirement.--With respect to data developed and 
distributed under this Act, the Secretaries shall include a notice that 
any geospatial data are subject to applicable Federal, State, and 
Tribal regulations.</DELETED>

<DELETED>SEC. 6. REPORTS.</DELETED>

<DELETED>    Not later than 1 year after the date of enactment of this 
Act and annually thereafter through March 30, 2033, the Secretaries 
shall submit a report that describes the progress made by the 
Secretaries with respect to meeting the requirements of this Act to--
</DELETED>
        <DELETED>    (1) the Committee on Energy and Natural Resources 
        of the Senate;</DELETED>
        <DELETED>    (2) the Committee on Agriculture, Nutrition, and 
        Forestry of the Senate;</DELETED>
        <DELETED>    (3) the Committee on Natural Resources of the 
        House of Representatives;</DELETED>
        <DELETED>    (4) the Committee on Energy and Commerce of the 
        House of Representatives; and</DELETED>
        <DELETED>    (5) the Committee on Agriculture of the House of 
        Representatives.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated--</DELETED>
        <DELETED>    (1) to the Secretary of the Interior to carry out 
        this Act--</DELETED>
                <DELETED>    (A) $3,000,000 for fiscal year 2024; 
                and</DELETED>
                <DELETED>    (B) $6,000,000 for each of fiscal years 
                2025 through 2027; and</DELETED>
        <DELETED>    (2) to the Secretary of Agriculture to carry out 
        this Act--</DELETED>
                <DELETED>    (A) $2,000,000 for fiscal year 2024; 
                and</DELETED>
                <DELETED>    (B) $4,000,000 for each of fiscal years 
                2025 through 2027.</DELETED>

<DELETED>SEC. 8. EFFECT.</DELETED>

<DELETED>    Nothing in this Act--</DELETED>
        <DELETED>    (1) modifies or alters the definition of the term 
        ``navigable waters'' under Federal law;</DELETED>
        <DELETED>    (2) affects the jurisdiction or authority of State 
        or Federal agencies to regulate navigable waters; or</DELETED>
        <DELETED>    (3) modifies or alters the authority or 
        jurisdiction of Federal or State agencies to manage 
        fisheries.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Modernizing Access to Our Public 
Waters Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal fishing restriction.--The term ``Federal 
        fishing restriction'' means a defined area in which all or 
        certain fishing activities are temporarily or permanently 
        prohibited or restricted by a Federal land or water management 
        agency.
            (2) Federal land or water management agency.--The term 
        ``Federal land or water management agency'' means--
                    (A) the Bureau of Reclamation;
                    (B) the National Park Service;
                    (C) the Bureau of Land Management;
                    (D) the United States Fish and Wildlife Service; 
                and
                    (E) the Forest Service.
            (3) Federal waterway.--The term ``Federal waterway'' means 
        waters managed by a Federal land or water management agency.
            (4) Federal waterway restriction.--The term ``Federal 
        waterway restriction'' means a restriction on the access or use 
        of a Federal waterway applied under applicable law by 1 or more 
        of the Secretaries.
            (5) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service; and
                    (B) the Secretary of the Interior.
            (6) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service, with respect to 
                Federal waterways under the jurisdiction of the 
                Secretary of Agriculture; or
                    (B) the Secretary of the Interior, with respect to 
                Federal waterways under the jurisdiction of the 
                Secretary of the Interior.

SEC. 3. INTERAGENCY DATA STANDARDIZATION.

    Not later than 30 months after the date of enactment of this Act, 
the Secretaries, in consultation with the Federal Geographic Data 
Committee, shall jointly develop and adopt interagency standards to 
ensure compatibility and interoperability among applicable Federal 
databases with respect to the collection and dissemination of 
geospatial data relating to public outdoor recreational use of Federal 
waterways and Federal fishing restrictions.

SEC. 4. DATA CONSOLIDATION AND PUBLICATION.

    (a) Federal Waterway Restrictions.--Not later than 5 years after 
the date of enactment of this Act, the Secretary concerned, to the 
maximum extent practicable, shall digitize and make publicly available 
online, as applicable, geographic information system data that 
includes, with respect to Federal waterway restrictions--
            (1) status information with respect to the conditions under 
        which Federal waterways are open or closed to entry or 
        watercraft, including watercraft inspection or decontamination 
        requirements;
            (2) the dates on which Federal waterways are seasonally 
        closed to entry or watercraft;
            (3) the areas of Federal waterways with restrictions on 
        motorized propulsion, horsepower, or gasoline fuel;
            (4) the areas of Federal waterways with anchoring 
        restrictions, no wake zones, or vessel speed restrictions;
            (5) Federal waterway restrictions on the direction of 
        travel, including upstream or downstream travel; and
            (6) the uses, including by watercraft, that are restricted 
        on each area of a Federal waterway, including the 
        permissibility of--
                    (A) canoes and other paddlecraft;
                    (B) rafts and driftboats;
                    (C) motorboats;
                    (D) personal watercraft;
                    (E) airboats;
                    (F) amphibious aircraft;
                    (G) hovercraft;
                    (H) oversnow vehicles and other motorized vehicles 
                on frozen bodies of water;
                    (I) swimming; and
                    (J) other applicable recreational activities, as 
                determined to be appropriate by the Secretary 
                concerned.
    (b) Federal Waterway Access and Navigation Information.--Not later 
than 5 years after the date of enactment of this Act, the Secretary 
concerned, to the maximum extent practicable, shall digitize and make 
publicly available online, as applicable, geographic information system 
data that includes, with respect to Federal waterway access and 
navigation information--
            (1)(A) the location of boat ramps, portages, and designated 
        fishing access sites under the authority of the Secretary 
        concerned; and
            (B) the identification of the dates on which the facilities 
        and sites identified under subparagraph (A) are open or closed, 
        as applicable; and
            (2) available bathymetric information and depth charts.
    (c) Federal Fishing Restrictions.--Not later than 5 years after the 
date of enactment of this Act, the Secretary concerned, to the maximum 
extent practicable, shall digitize and make publicly available online 
geographic information system data that describes, with respect to 
Federal fishing restrictions--
            (1) the location and geographic boundaries of Federal 
        fishing restrictions on recreational and commercial fishing, 
        including--
                    (A) full or partial closures;
                    (B) no-take zones; and
                    (C) Federal fishing restrictions within or 
                surrounding marine protected areas;
            (2) Federal fishing restrictions on the use of specific 
        types of equipment or bait, such as restrictions on the use of 
        barbed hooks or live bait; and
            (3) Federal requirements with respect to catch and release.
    (d) Public Comment.--The Secretaries shall develop a process to 
allow members of the public to submit questions or comments regarding 
the information described in subsections (a) and (b).
    (e) Updates.--The Secretary concerned, to the maximum extent 
practicable, shall update--
            (1) the data described in subsections (a) and (b) not less 
        frequently than annually; and
            (2) the data described in subsection (c) in real time as 
        changes go into effect.
    (f) Exclusion.--This section shall not apply to irrigation canals 
and flowage easements.
    (g) Disclosure.--Any geographic information system data made 
publicly available under this section shall not disclose information 
regarding the nature, location, character, or ownership of historic, 
paleontological, or archaeological resources, consistent with 
applicable law.

SEC. 5. COOPERATION AND COORDINATION.

    (a) Community Partners and Third-Party Providers.--For purposes of 
carrying out this Act, the Secretary concerned may--
            (1) coordinate and partner with non-Federal agencies and 
        private sector and nonprofit partners, including--
                    (A) State natural resource agencies;
                    (B) technology companies;
                    (C) geospatial data companies; and
                    (D) experts in data science, analytics, and 
                operations research; and
            (2) enter into an agreement with a third party to carry out 
        any provision of this Act.
    (b) United States Geological Survey.--The Secretaries shall work 
with the Director of the United States Geological Survey to collect, 
aggregate, digitize, standardize, and publish data on behalf of the 
Secretaries to meet the requirements of this Act.
    (c) Requirement.--With respect to data developed and distributed 
under this Act, the Secretaries shall--
            (1) develop the data in accordance with applicable Federal, 
        State, and Tribal laws (including regulations); and
            (2) include a notice that any geospatial data are subject 
        to applicable Federal, State, and Tribal laws (including 
        regulations).
    (d) Existing Efforts.--To the extent practicable, the Secretary 
concerned shall use or incorporate existing applicable data, maps, and 
resources in carrying out this Act, including data, maps, and resources 
developed and published under--
            (1) the Modernizing Access to Our Public Land Act (16 
        U.S.C. 6851 et seq.);
            (2) section 103 of division DD of the Consolidated 
        Appropriations Act, 2023 (43 U.S.C. 776); or
            (3) other applicable law.

SEC. 6. REPORTS.

    Not later than 1 year after the date of enactment of this Act and 
annually thereafter through March 30, 2033, the Secretaries shall 
submit a report that describes the progress made by the Secretaries 
with respect to meeting the requirements of this Act to--
            (1) the Committee on Energy and Natural Resources of the 
        Senate;
            (2) the Committee on Agriculture, Nutrition, and Forestry 
        of the Senate;
            (3) the Committee on Natural Resources of the House of 
        Representatives;
            (4) the Committee on Energy and Commerce of the House of 
        Representatives; and
            (5) the Committee on Agriculture of the House of 
        Representatives.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated--
            (1) to the Secretary of the Interior to carry out this 
        Act--
                    (A) $3,000,000 for fiscal year 2025; and
                    (B) $6,000,000 for each of fiscal years 2026 
                through 2029; and
            (2) to the Secretary of Agriculture to carry out this Act--
                    (A) $2,000,000 for fiscal year 2025; and
                    (B) $4,000,000 for each of fiscal years 2026 
                through 2029.

SEC. 8. EFFECT.

    Nothing in this Act--
            (1) modifies or alters the definition of the term 
        ``navigable waters'' under Federal law;
            (2) affects the jurisdiction or authority of State or 
        Federal agencies to regulate navigable waters;
            (3) modifies or alters the authority or jurisdiction of 
        Federal or State agencies to manage fisheries; or
            (4) expands or restricts access to Federal waterways.
                                                       Calendar No. 595

118th CONGRESS

  2d Session

                                S. 3123

_______________________________________________________________________

                                 A BILL

 To provide for the standardization, consolidation, and publication of 
 data relating to public outdoor recreational use of Federal waterways 
    among Federal land and water management agencies, and for other 
                               purposes.

_______________________________________________________________________

                           November 21, 2024

                       Reported with an amendment
```