II 

118TH CONGRESS 

1ST 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 

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. 

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. 

4 This Act may be cited as the ‘‘Modernizing Access 

5 to Our Public Waters Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) FEDERAL FISHING RESTRICTION.—The 

2 term ‘‘Federal fishing restriction’’ means a defined 

3 area in which all or certain fishing activities are 

4 temporarily or permanently prohibited or restricted 

5 by a Federal land or water management agency. 

6 (2) FEDERAL LAND OR WATER MANAGEMENT

7 AGENCY.—The term ‘‘Federal land or water man8 agement agency’’ means— 

9 (A) the Bureau of Reclamation; 

10 (B) the National Park Service; 

11 (C) the Bureau of Land Management; 

12 (D) the United States Fish and Wildlife 

13 Service; and 

14 (E) the Forest Service. 

15 (3) FEDERAL WATERWAY.—The term ‘‘Federal 

16 waterway’’ means any portion of a body of water 

17 managed partially or wholly by 1 or more of the rel18 evant Secretaries. 

19 (4) FEDERAL WATERWAY RESTRICTION.—The 

20 term ‘‘Federal waterway restriction’’ means a re21 striction on the access or use of a Federal waterway 

22 applied under applicable law by 1 or more of the 

23 Secretaries. 

24 (5) SECRETARIES.—The term ‘‘Secretaries’’ 

25 means— 


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1 (A) the Secretary of Agriculture, acting 

2 through the Chief of the Forest Service; and 

3 (B) the Secretary of the Interior. 

4 SEC. 3. INTERAGENCY DATA STANDARDIZATION. 

5 Not later than 30 months after the date of enactment 

6 of this Act, the Secretaries shall jointly develop and adopt 

7 interagency standards to ensure compatibility and inter8 operability among applicable Federal databases with re9 spect to the collection and dissemination of geospatial data 

10 relating to public outdoor recreational use of Federal wa11 terways and Federal fishing restrictions. 

12 SEC. 4. DATA CONSOLIDATION AND PUBLICATION. 

13 (a) FEDERAL WATERWAY RESTRICTIONS.—Not later 

14 than 4 years after the date of enactment of this Act, each 

15 of the Secretaries, to the maximum extent practicable, 

16 shall digitize and make publicly available online, as appli17 cable, geographic information system data that includes, 

18 with respect to Federal waterway restrictions— 

19 (1) status information with respect to the con20 ditions under which Federal waterways are open or 

21 closed to entry or watercraft, including watercraft 

22 inspection or decontamination requirements; 

23 (2) the dates on which Federal waterways are 

24 seasonally closed to entry or watercraft; 


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1 (3) the areas of Federal waterways with restric2 tions on motorized propulsion, horsepower, or gaso3 line fuel; 

4 (4) the areas of Federal waterways with an5 choring restrictions, no wake zones, or vessel speed 

6 restrictions; 

7 (5) Federal waterway restrictions on the direc8 tion of travel, including upstream or downstream 

9 travel; and 

10 (6) the types of watercraft that are restricted 

11 on each area of a Federal waterway, including the 

12 permissibility of— 

13 (A) canoes; 

14 (B) rafts and driftboats; 

15 (C) motorboats; 

16 (D) personal watercraft; 

17 (E) airboats; 

18 (F) amphibious aircraft; 

19 (G) hovercraft; and 

20 (H) oversnow vehicles and other motorized 

21 vehicles on frozen bodies of water. 

22 (b) FEDERAL WATERWAY ACCESS AND NAVIGATION

23 INFORMATION.—Not later than 4 years after the date of 

24 enactment of this Act, each of the Secretaries, to the max25 imum extent practicable, shall digitize and make publicly 


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1 available online, as applicable, geographic information sys2 tem data that includes, with respect to Federal waterway 

3 access and navigation information— 

4 (1)(A) the location of boat ramps, portages, and 

5 fishing access sites under the authority of the Fed6 eral land or water management agency; and 

7 (B) the identification of the dates on which the 

8 facilities and sites identified under subparagraph (A) 

9 are open or closed, as applicable; and 

10 (2) bathymetric information and depth charts. 

11 (c) FEDERAL FISHING RESTRICTIONS.—Not later 

12 than 4 years after the date of enactment of this Act, each 

13 of the Secretaries, to the maximum extent practicable, 

14 shall digitize and make publicly available online geo15 graphic information system data that describes, with re16 spect to Federal fishing restrictions— 

17 (1) the location and geographic boundaries of 

18 Federal fishing restrictions on recreational and com19 mercial fishing, including— 

20 (A) full or partial closures; 

21 (B) no-take zones; and 

22 (C) Federal fishing restrictions within or 

23 surrounding marine protected areas; 


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1 (2) Federal fishing restrictions on the use of 

2 specific types of equipment or bait, such as restric3 tions on the use of barbed hooks or live bait; and 

4 (3) Federal requirements with respect to catch 

5 and release. 

6 (d) PUBLIC COMMENT.—The Secretaries shall de7 velop a process to allow members of the public to submit 

8 questions or comments regarding the information de9 scribed in subsections (a) and (b). 

10 (e) UPDATES.—The Secretaries, to the maximum ex11 tent practicable, shall update— 

12 (1) the data described in subsections (a) and 

13 (b) not less frequently than 2 times per year; and 

14 (2) the data described in subsection (c) in real 

15 time as changes go into effect. 

16 (f) EXCLUSION.—This section shall not apply to irri17 gation canals and flowage easements. 

18 (g) DISCLOSURE.—Any geographic information sys19 tem data made publicly available under this section shall 

20 not disclose information regarding the nature, location, 

21 character, or ownership of historic, paleontological, or ar22 chaeological resources, consistent with applicable law. 


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1 SEC. 5. COOPERATION AND COORDINATION. 

2 (a) COMMUNITY PARTNERS AND THIRD-PARTY PRO3 VIDERS.—For purposes of carrying out this Act, the Sec4 retaries may— 

5 (1) coordinate and partner with non-Federal 

6 agencies and private sector and nonprofit partners, 

7 including— 

8 (A) State natural resource agencies; 

9 (B) technology companies; 

10 (C) geospatial data companies; and 

11 (D) experts in data science, analytics, and 

12 operations research; and 

13 (2) enter into an agreement with a third party 

14 to carry out any provision of this Act. 

15 (b) UNITED STATES GEOLOGICAL SURVEY.—The 

16 Secretaries may work with the Director of the United 

17 States Geological Survey to collect, aggregate, digitize, 

18 standardize, and publish data on behalf of the Secretaries 

19 to meet the requirements of this Act. 

20 (c) REQUIREMENT.—With respect to data developed 

21 and distributed under this Act, the Secretaries shall in22 clude a notice that any geospatial data are subject to ap23 plicable Federal, State, and Tribal regulations. 

24 SEC. 6. REPORTS. 

25 Not later than 1 year after the date of enactment 

26 of this Act and annually thereafter through March 30, 


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1 2033, the Secretaries shall submit a report that describes 

2 the progress made by the Secretaries with respect to meet3 ing the requirements of this Act to— 

4 (1) the Committee on Energy and Natural Re5 sources of the Senate; 

6 (2) the Committee on Agriculture, Nutrition, 

7 and Forestry of the Senate; 

8 (3) the Committee on Natural Resources of the 

9 House of Representatives; 

10 (4) the Committee on Energy and Commerce of 

11 the House of Representatives; and 

12 (5) the Committee on Agriculture of the House 

13 of Representatives. 

14 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated— 

16 (1) to the Secretary of the Interior to carry out 

17 this Act— 

18 (A) $3,000,000 for fiscal year 2024; and 

19 (B) $6,000,000 for each of fiscal years 

20 2025 through 2027; and 

21 (2) to the Secretary of Agriculture to carry out 

22 this Act— 

23 (A) $2,000,000 for fiscal year 2024; and 

24 (B) $4,000,000 for each of fiscal years 

25 2025 through 2027. 


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1 SEC. 8. EFFECT. 

2 Nothing in this Act— 

3 (1) modifies or alters the definition of the term 

4 ‘‘navigable waters’’ under Federal law; 

5 (2) affects the jurisdiction or authority of State 

6 or Federal agencies to regulate navigable waters; or 

7 (3) modifies or alters the authority or jurisdic8 tion of Federal or State agencies to manage fish9 eries. 

Æ 


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