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

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118th CONGRESS
  2d Session
                                S. 3123

_______________________________________________________________________

                                 AN ACT

 
 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,

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.

            Passed the Senate December 18 (legislative day, December 
      16), 2024.

            Attest:

                                                             Secretary.
118th CONGRESS

  2d Session

                                S. 3123

_______________________________________________________________________

                                 AN ACT

 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.
```