H. R. 845 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

To direct the Secretary of Agriculture to publish in the Federal Register a strategy 

to significantly increase the role of volunteers and partners in National Forest 

System trail maintenance, 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; TABLE OF CONTENTS. 

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

Forest System Trails Stewardship Act’’. 

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

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. National forest system trails volunteer and partnership strategy. 

Sec. 5. Priority trail maintenance program. 

Sec. 6. Cooperative agreements. 

Sec. 7. Stewardship credits for outfitters and guides. 

SEC. 2. FINDINGS. 

Congress finds as follows: 

(1) The National Forest System features a world-class trail 

system with over 157,000 miles of trails that provide worldclass opportunities for hiking, horseback riding, hunting, mountain bicycling, motorized vehicles, and other outdoor activities. 

(2) According to the Government Accountability Office, the 

Forest Service is only able to maintain about one-quarter of 

National Forest System trails to the agency standard, and 

the agency faces a trail maintenance backlog of $314 million, 

and an additional backlog of $210 million in annual maintenance, capital improvements, and operations. 

(3) The lack of maintenance on National Forest System 

trails threatens access to public lands, and may cause increased 

environmental damage, threaten public safety, and increase 

future maintenance costs. 

(4) Federal budget limitations require solutions to National 

Forest System trail maintenance issues that make more efficient use of existing resources. 

(5) Volunteers, partners, and outfitters and guides play 

an important role in maintaining National Forest System trails, 

and a comprehensive strategy is needed to ensure that volunteers and partners are used as effectively as possible. 

SEC. 3. DEFINITIONS. 

In this Act: 
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(1) ADMINISTRATIVE UNIT.—The term ‘‘Administrative Unit’’ 

means a national forest or national grassland. 

(2) OUTFITTER OR GUIDE.—The term ‘‘outfitter or guide’’ 

means an individual, organization, or business who provides 

outfitting or guiding services, as defined in section 251.51 of 

title 36, Code of Federal Regulations. 

(3) PARTNER.—The term ‘‘partner’’ means a non-Federal 

entity that engages in a partnership. 

(4) PARTNERSHIP.—The term ‘‘partnership’’ means arrangements between the Department of Agriculture or the Forest 

Service and a non-Federal entity that are voluntary, mutually 

beneficial, and entered into for the purpose of mutually agreedupon objectives. 

(5) PRIORITY AREA.—The term ‘‘priority area’’ means a welldefined region on National Forest System land selected by 

the Secretary under section 5(a). 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Agriculture. 

(7) STRATEGY.—The term ‘‘strategy’’ means the National 

Forest System Trails Volunteer and Partnership Strategy 

authorized by section 4(a). 

(8) TRAIL MAINTENANCE.—The term ‘‘trail maintenance’’ 

means any activity to maintain the usability and sustainability 

of trails within the National Forest System, including— 

(A) ensuring trails are passable by the users for which 

they are managed; 

(B) preventing environmental damage resulting from 

trail deterioration; 

(C) protecting public safety; and 

(D) averting future deferred maintenance costs. 

(9) VOLUNTEER.—The term ‘‘volunteer’’ means an individual 

whose services are accepted by the Secretary without compensation under the Volunteers in the National Forests Act of 1972 

(16 U.S.C. 558a et seq.). 

SEC. 4. NATIONAL FOREST SYSTEM TRAILS VOLUNTEER AND PARTNERSHIP STRATEGY. 

(a) IN GENERAL.—Not later than 2 years after the date of 

the enactment of this Act, the Secretary shall publish in the Federal 

Register a strategy to significantly increase the role of volunteers 

and partners in trail maintenance. 

(b) REQUIRED ELEMENTS.—The strategy required by subsection 

(a) shall— 

(1) augment and support the capabilities of Federal 

employees to carry out or contribute to trail maintenance; 

(2) provide meaningful opportunities for volunteers and 

partners to carry out trail maintenance in each region of the 

Forest Service; 

(3) address the barriers to increased volunteerism and partnerships in trail maintenance identified by volunteers, partners, 

and others; 

(4) prioritize increased volunteerism and partnerships in 

trail maintenance in those regions with the most severe trail 

maintenance needs, and where trail maintenance backlogs are 

jeopardizing access to National Forest lands; and 
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(5) aim to increase trail maintenance by volunteers and 

partners by 100 percent by the date that is 5 years after 

the date of the enactment of this Act. 

(c) ADDITIONAL REQUIREMENT.—As a component of the strategy, 

the Secretary shall study opportunities to improve trail maintenance 

by addressing opportunities to use fire crews in trail maintenance 

activities in a manner that does not jeopardize firefighting capabilities, public safety, or resource protection. Upon a determination 

that trail maintenance would be advanced by use of fire crews 

in trail maintenance, the Secretary shall incorporate these proposals 

into the strategy, subject to such terms and conditions as the 

Secretary determines to be necessary. 

(d) VOLUNTEER LIABILITY.— 

(1) IN GENERAL.—Section 3 of the Volunteers in the 

National Forests Act of 1972 (16 U.S.C. 558c) is amended 

by adding at the end the following new subsection: 

‘‘(e) For the purposes of subsections (b), (c), and (d), the term 

‘volunteer’ includes a person providing volunteer services to the 

Secretary who— 

‘‘(1) is recruited, trained, and supported by a cooperator 

under a mutual benefit agreement with the Secretary; and 

‘‘(2) performs such volunteer services under the supervision 

of the cooperator as directed by the Secretary in the mutual 

benefit agreement, including direction that specifies— 

‘‘(A) the volunteer services to be performed by the 

volunteers and the supervision to be provided by the cooperator; 

‘‘(B) the applicable project safety standards and protocols to be adhered to by the volunteers and enforced by 

the cooperator; and 

‘‘(C) the on-site visits to be made by the Secretary, 

when feasible, to verify that volunteers are performing 

the volunteer services and the cooperator is providing the 

supervision agreed upon.’’. 

(2) ADDITIONAL REQUIREMENT.—Not later than 2 years after 

the date of the enactment of this Act, the Secretary shall 

adopt regulations implementing this section. These regulations 

shall ensure that the financial risk from claims or liability 

associated with volunteers undertaking trail maintenance is 

shared by all administrative units. 

(e) CONSULTATION.—The Secretary shall develop the strategy 

in consultation with volunteer and partner trail maintenance 

organizations, a broad array of outdoor recreation stakeholders, 

and other relevant stakeholders. 

(f) VOLUNTEER AND PARTNERSHIP COORDINATION.—The Secretary shall require each administrative unit to develop a volunteer 

and partner coordination implementation plan for the strategy 

which clearly defines roles and responsibilities for the administrative unit and district staff, and includes strategies to ensure sufficient coordination, assistance, and support for volunteers and partners to improve trail maintenance. 

(g) REPORT.— (1) CONTENTS.—The Secretary shall prepare a report on— 

(A) the effectiveness of the strategy in addressing the 

trail maintenance backlog; 

(B) the increase in volunteerism and partnership 

efforts on trail maintenance as a result of the strategy; 
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(C) the miles of National Forest System trails maintained by volunteers and partners, and the approximate 

value of the volunteer and partnership efforts; 

(D) the status of the stewardship credits for outfitters 

and guides pilot program described in section 7 that 

includes the number of participating sites, total amount 

of the credits offered, estimated value of trail maintenance 

performed, and suggestions for revising the program; and 

(E) recommendations for further increasing volunteerism and partnerships in trail maintenance. 

(2) SUBMISSION.—Not later than 3 years after the date 

of enactment of this Act, the Secretary shall submit the report 

required by paragraph (1) to— 

(A) the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources 

of the Senate; and 

(B) the Committee on Agriculture and the Committee 

on Natural Resources of the House of Representatives. 

SEC. 5. PRIORITY TRAIL MAINTENANCE PROGRAM. 

(a) SELECTION.—In accordance with subsections (b) and (c), 

not later than 6 months after the date of the enactment of this 

Act, the Secretary of Agriculture shall select no fewer than 9 and 

no more than 15 priority areas for increased trail maintenance 

accomplishments. 

(b) CRITERIA.—Priority areas shall include a well-defined region 

on National Forest System land where the lack of trail maintenance 

has— 

(1) reduced access to public land; 

(2) led to an increase, or risk of increase, in harm to 

natural resources; 

(3) jeopardized public safety; 

(4) resulted in trails being impassible by the intended 

managed users; or 

(5) increased future deferred trail maintenance costs. 

(c) REQUIREMENTS.—In selecting priority areas, the Secretary 

shall— 

(1) consider any public input on priority areas received 

within 3 months of the date of enactment of this Act; 

(2) consider the range of trail users (including motorized 

and non-motorized trail users); and 

(3) include at least one priority area in each region of 

the United States Forest Service. 

(d) INCREASED TRAIL MAINTENANCE.— 

(1) IN GENERAL.—Within 6 months of the selection of priority areas under subsection (a), and in accordance with paragraph (2), the Secretary shall develop an approach to substantially increase trail maintenance accomplishments within each 

priority area. 

(2) CONTENTS.—In developing the approach under paragraph (1), the Secretary shall— 

(A) consider any public input on trail maintenance 

priorities and needs within any priority area; 

(B) consider the costs and benefits of increased trail 

maintenance within each priority area; and 

(C) incorporate partners and volunteers in the trail 

maintenance. 
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(3) REQUIRED TRAIL MAINTENANCE.—Utilizing the approach 

developed under paragraph (1), the Secretary shall substantially increase trail maintenance within each priority area. 

(e) COORDINATION.—The regional volunteer and partnership 

coordinators may be responsible for assisting partner organizations 

in developing and implementing volunteer and partnership projects 

to increase trail maintenance within priority areas. 

(f) REVISION.—The Secretary shall periodically review the priority areas to determine whether revisions are necessary and may 

revise the priority areas, including the selection of new priority 

areas or removal of existing priority areas, at his sole discretion. 

SEC. 6. COOPERATIVE AGREEMENTS. 

(a) IN GENERAL.—The Secretary may enter into a cooperative 

agreement with any State, tribal, local governmental, and private 

entity to carry out this Act. 

(b) CONTENTS.—Cooperative agreements authorized under this 

section may— 

(1) improve trail maintenance in a priority area; 

(2) implement the strategy; or 

(3) advance trail maintenance in a manner deemed appropriate by the Secretary. 

SEC. 7. STEWARDSHIP CREDITS FOR OUTFITTERS AND GUIDES. 

(a) PILOT PROGRAM.—Within 1 year after the date of enactment 

of this Act, in accordance with this section, the Secretary shall 

establish a pilot program on not less than 20 administrative units 

to offset all or part of the land use fee for an outfitting and 

guiding permit by the cost of the work performed by the permit 

holder to construct, improve, or maintain National Forest System 

trails, trailheads, or developed sites that support public use under 

terms established by the Secretary. 

(b) ADDITIONAL REQUIREMENTS.—In establishing the pilot program authorized by subsection (a), the Secretary shall— 

(1) select administrative units where the pilot program 

will improve trail maintenance; and 

(2) establish appropriate terms and conditions, including 

meeting National Quality Standards for Trails and the Trail 

Management Objectives identified for the trail. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.