I 

116TH CONGRESS 

1ST SESSION H. R. 3458 

To promote innovative approaches to outdoor recreation on Federal land 

and to increase opportunities for collaboration with non-Federal partners, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2019 

Mr. BISHOP of Utah (for himself and Mrs. DINGELL) introduced the following 

bill; which was referred to the Committee on Natural Resources, and in 

addition to the Committees on Agriculture, Transportation and Infrastructure, Energy and Commerce, and Armed Services, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To promote innovative approaches to outdoor recreation on 

Federal land and to increase opportunities for collaboration with non-Federal partners, 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; TABLE OF CONTENTS. 

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

5 ‘‘Recreation Not Red Tape Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Sense of Congress regarding outdoor recreation. 

TITLE I—MODERNIZING RECREATION PERMITTING 

Sec. 101. Definitions. 

Sec. 102. Special recreation permit and fee. 

Sec. 103. Permitting process improvements. 

Sec. 104. Permit flexibility. 

Sec. 105. Permit administration. 

Sec. 106. Permits for multijurisdictional trips. 

Sec. 107. Forest Service permit use reviews. 

Sec. 108. Liability. 

Sec. 109. Cost recovery reform. 

Sec. 110. Extension of special recreation permits. 

Sec. 111. Availability of Federal and State recreation passes. 

Sec. 112. Online purchases of National Parks and Federal Recreational Lands 

Pass. 

TITLE II—ACCESSING THE OUTDOORS 

Sec. 201. Access for servicemembers and veterans. 

TITLE III—MAKING RECREATION A PRIORITY 

Sec. 301. Extension of seasonal recreation opportunities. 

Sec. 302. Recreation performance metrics. 

Sec. 303. Recreation mission. 

Sec. 304. National Recreation Area System. 

TITLE IV—MAINTENANCE OF PUBLIC LAND 

Subtitle A—Volunteers 

Sec. 401. Private-sector volunteer enhancement program. 

Subtitle B—Priority Trail Maintenance 

Sec. 411. Interagency trail management. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) FEDERAL LAND MANAGEMENT AGENCY.— 

4 The term ‘‘Federal land management agency’’ has 

5 the meaning given the term in section 802 of the 

6 Federal Lands Recreation Enhancement Act (16 

7 U.S.C. 6801). 


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1 (2) FEDERAL RECREATIONAL LANDS AND

2 WATERS.—The term ‘‘Federal recreational lands and 

3 waters’’ has the meaning given the term in section 

4 802 of the Federal Lands Recreation Enhancement 

5 Act (16 U.S.C. 6801). 

6 (3) SECRETARIES.—Except as otherwise pro7 vided in this Act, the term ‘‘Secretaries’’ means— 

8 (A) the Secretary of the Interior; and 

9 (B) the Secretary of Agriculture. 

10 SEC. 3. SENSE OF CONGRESS REGARDING OUTDOOR 

11 RECREATION. 

12 It is the sense of Congress that— 

13 (1) outdoor recreation and the outdoor industry 

14 that outdoor recreation supports are vital to the 

15 United States; 

16 (2) access to outdoor recreation on Federal rec17 reational lands and waters is important to the health 

18 and wellness of all people of the United States, espe19 cially young people; 

20 (3) in addition to the overall economic benefit 

21 of outdoor recreation, the economic benefits of out22 door recreation on Federal recreational lands and 

23 waters creates significant economic and employment 

24 benefits to rural economies; 


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1 (4) Congress supports the creation of outdoor 

2 recreation sector leadership positions within State 

3 governments, as well as coordination with recreation 

4 and tourism organizations within the State to guide 

5 the growth of this sector, as evidenced by recent ex6 amples in the States of Colorado, Utah, and Wash7 ington; 

8 (5) State and local recreation and tourism of9 fices play a pivotal role in— 

10 (A) coordinating State outdoor recreation 

11 policies, management, and promotion among 

12 Federal, State, and local agencies and entities; 

13 (B) disseminating information, increasing 

14 awareness, and growing demand for outdoor 

15 recreation experiences among visitors across the 

16 United States and throughout the world; 

17 (C) improving funding for, access to, and 

18 participation in outdoor recreation; and 

19 (D) promoting economic development in 

20 the State by coordinating with stakeholders, im21 proving recreational opportunities, and recruit22 ing outdoor recreation businesses; 

23 (6) it is vital— 

24 (A) to support the coordination and col25 laboration of the Federal and State land and 


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1 water management agencies in the delivery of 

2 visitor services and management of outdoor 

3 recreation for the United States; and 

4 (B) provide adequate staffing within Fed5 eral land management agencies to facilitate sus6 tainable and accessible outdoor recreation op7 portunities; and 

8 (7) volunteers and volunteer partnerships play 

9 an important role in maintaining public land. 

10 TITLE I—MODERNIZING 

11 RECREATION PERMITTING 

12 SEC. 101. DEFINITIONS. 

13 In this title: 

14 (1) ASSOCIATED AGENCY.—The term ‘‘associ15 ated agency’’ means the Federal land management 

16 agency, other than the lead agency, that manages a 

17 public land unit that is the subject of a single joint 

18 special recreation permit under section 106. 

19 (2) LEAD AGENCY.—With respect to a single 

20 joint special recreation permit application submitted 

21 under section 106(a), the term ‘‘lead agency’’ means 

22 the Federal land management agency designated to 

23 administer the single joint special recreation permit 

24 under section 106(a)(2). 


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1 (3) LONG-TERM SPECIAL RECREATION PER2 MIT.—The term ‘‘long-term special recreation per3 mit’’ means— 

4 (A) for a public land unit managed by the 

5 Forest Service, a priority use permit; and 

6 (B) for a public land unit managed by the 

7 Bureau of Land Management, a multiyear spe8 cial recreation permit. 

9 (4) MULTIJURISDICTIONAL TRIP.—The term 

10 ‘‘multijurisdictional trip’’ means a trip that— 

11 (A) uses two or more public land units; 

12 and 

13 (B) is under the jurisdiction of two or 

14 more Federal land management agencies. 

15 (5) PUBLIC LAND UNIT.—The term ‘‘public 

16 land unit’’ means— 

17 (A) a unit of the National Forest System; 

18 (B) a unit of the National Park System; 

19 (C) a unit of the National Wildlife Refuge 

20 System; 

21 (D) a district of the Bureau of Land Man22 agement; and 

23 (E) a project of the Bureau of Reclama24 tion. 


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1 (6) RECREATION SERVICE PROVIDER.—The 

2 term ‘‘recreation service provider’’ has the meaning 

3 given the term in section 802 of the Federal Lands 

4 Recreation Enhancement Act (16 U.S.C. 6801). 

5 (7) SECRETARY CONCERNED.—The term ‘‘Sec6 retary concerned’’ means— 

7 (A) the Secretary of Agriculture, with re8 spect to a public land unit described in para9 graph (5)(A); and 

10 (B) the Secretary of the Interior, with re11 spect to a public land unit described in sub12 paragraph (B), (C), (D), or (E) of paragraph 

13 (5). 

14 (8) SPECIAL RECREATION PERMIT.—The term 

15 ‘‘special recreation permit’’ has the meaning given 

16 the term in section 802 of the Federal Lands Recre17 ation Enhancement Act (16 U.S.C. 6801). 

18 SEC. 102. SPECIAL RECREATION PERMIT AND FEE. 

19 (a) DEFINITIONS.—Section 802 of the Federal Lands 

20 Recreation Enhancement Act (16 U.S.C. 6801) is amend21 ed— 

22 (1) in paragraph (1), by striking ‘‘section 3(f)’’ 

23 and inserting ‘‘803(f)’’; 

24 (2) in paragraph (2), by striking ‘‘section 3(g)’’ 

25 and inserting ‘‘section 803(g)’’; 


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1 (3) in paragraph (6), by striking ‘‘section 5’’ 

2 and inserting ‘‘section 805’’; 

3 (4) in paragraph (9), by striking ‘‘section 5’’ 

4 and inserting ‘‘section 805’’; 

5 (5) in paragraph (12), by striking ‘‘section 7’’ 

6 and inserting ‘‘section 807’’; 

7 (6) in paragraph (13), by striking ‘‘section 

8 3(h)’’ and inserting ‘‘section 803(h)’’; 

9 (7) by redesignating paragraphs (1), (3), (4), 

10 (5), (6), (7), (8), (9), (10), (11), and (13) as para11 graphs (15), (1), (3), (4), (5), (6), (7), (8), (11), 

12 (10), and (14), respectively, and moving the para13 graphs so as to appear in numerical order; 

14 (8) by inserting after paragraph (8) (as so re15 designated) the following: 

16 ‘‘(9) RECREATION SERVICE PROVIDER.—The 

17 term ‘recreation service provider’ means an indi18 vidual or entity that— 

19 ‘‘(A) provides outfitting, guiding, or other 

20 recreation services; or 

21 ‘‘(B) conducts recreational or competitive 

22 events, including incidental sales.’’; and 

23 (9) by inserting after paragraph (12) the fol24 lowing: 


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1 ‘‘(13) SPECIAL RECREATION PERMIT.—The 

2 term ‘special recreation permit’ means— 

3 ‘‘(A) with respect to the Forest Service, an 

4 outfitting and guiding special use permit; 

5 ‘‘(B) with respect to the National Park 

6 Service, a commercial use authorization for out7 fitting and guiding issued under— 

8 ‘‘(i) this Act; or 

9 ‘‘(ii) section 101925 of title 54, 

10 United States Code; 

11 ‘‘(C) with respect to the United States 

12 Fish and Wildlife Service, a special use permit 

13 for recreational, sport fishing, or hunting outfit14 ting and guiding; 

15 ‘‘(D) with respect to the Bureau of Land 

16 Management, a special recreation permit for 

17 commercial outfitting and guiding; and 

18 ‘‘(E) with respect to the Bureau of Rec19 lamation, a use authorization for guiding, out20 fitting, or other recreational services.’’. 

21 (b) SPECIAL RECREATION PERMIT AND FEE.—Sec22 tion 803 of the Federal Lands Recreation Enhancement 

23 Act (16 U.S.C. 6802) is amended— 

24 (1) in subsection (b)(5), by striking ‘‘section 

25 4(d)’’ and inserting ‘‘section 804(d)’’; and 


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1 (2) by striking subsection (h) and inserting the 

2 following: 

3 ‘‘(h) SPECIAL RECREATION PERMIT AND FEE.— 

4 ‘‘(1) SPECIAL RECREATION PERMIT.—The Sec5 retary may issue a special recreation permit for spe6 cialized individual or group uses of Federal rec7 reational lands and waters, including— 

8 ‘‘(A) outfitting, guiding, or other recre9 ation services; 

10 ‘‘(B) recreation or competitive events, 

11 which may include incidental sales; 

12 ‘‘(C) for the use of— 

13 ‘‘(i) a special area; or 

14 ‘‘(ii) an area in which use is allocated; 

15 ‘‘(D) motorized recreational vehicle use; 

16 and 

17 ‘‘(E) a group activity or event. 

18 ‘‘(2) SPECIAL RECREATION PERMIT FEE.— 

19 ‘‘(A) IN GENERAL.—The Secretary may 

20 charge a special recreation permit fee in con21 nection with the issuance of a special recreation 

22 permit under paragraph (1). 

23 ‘‘(B) FEES FOR CERTAIN LANDS.— 

24 ‘‘(i) IN GENERAL.—Subject to clauses 

25 (ii) and (iii), a special recreation permit fee 


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1 under subparagraph (A) for use of Federal 

2 recreational lands and waters managed by 

3 the Forest Service, the Bureau of Land 

4 Management, the Bureau of Reclamation, 

5 or the United States Fish and Wildlife 

6 Service shall not exceed the difference be7 tween— 

8 ‘‘(I) the sum of— 

9 ‘‘(aa) 3 percent of the an10 nual gross revenue of the recre11 ation service provider for all ac12 tivities authorized by the special 

13 recreation permit; and 

14 ‘‘(bb) any applicable revenue 

15 addition; and 

16 ‘‘(II) any applicable revenue ex17 clusion. 

18 ‘‘(ii) EXCLUSION OF CERTAIN REVE19 NUES AND PAYMENTS.—In calculating the 

20 amount of a fee for a special recreation 

21 permit under clause (i), the Secretary shall 

22 exclude— 

23 ‘‘(I) revenue from goods, services, 

24 souvenirs, merchandise, gear, food, 

25 and activities provided or sold by a 


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1 special recreation permit holder in a 

2 location other than the Federal rec3 reational lands and waters covered by 

4 the permit, including transportation 

5 costs, lodging, and any other service 

6 before or after a trip; and 

7 ‘‘(II) revenue from any rec8 reational services provided by a spe9 cial recreation permit holder for ac10 tivities on Federal recreational lands 

11 and waters for which a separate per12 mit is issued. 

13 ‘‘(iii) ALTERNATIVE PER-PERSON

14 FEE.— 

15 ‘‘(I) IN GENERAL.—For Federal 

16 recreational lands and waters man17 aged by the Forest Service, the Bu18 reau of Land Management, the Bu19 reau of Reclamation, or the United 

20 States Fish and Wildlife Service, the 

21 Secretary may charge a per-person fee 

22 in connection with the issuance of a 

23 special recreation permit under para24 graph (1). 


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1 ‘‘(II) AMOUNT OF FEE.—The 

2 total amount charged by the Secretary 

3 in connection with the issuance of a 

4 special recreation permit under para5 graph (1) using a per-person fee 

6 under subclause (I) shall be com7 parable to the amount the Secretary 

8 may charge for a special recreation 

9 permit fee under subparagraph (A) 

10 and clauses (i) and (ii). 

11 ‘‘(iv) EFFECT.—Nothing in this sub12 paragraph affects any fee for a commercial 

13 use authorization for use of Federal rec14 reational lands and waters managed by the 

15 National Park Service. 

16 ‘‘(C) DISCLOSURE OF FEES.—A special 

17 recreation permit holder may inform customers 

18 of any fee charged by the Secretary under this 

19 section. 

20 ‘‘(3) SUBSTANTIALLY SIMILAR ACTIVITIES.— 

21 The Secretary shall establish a permit administra22 tion protocol that authorizes, to the maximum extent 

23 practicable, a permittee issued a special recreation 

24 permit for a public land unit (as defined in section 

25 101 of the Recreation Not Red Tape Act) under 


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1 paragraph (1) to engage in a recreational activity 

2 that is substantially similar to the specific activity 

3 authorized under the special recreation permit, if the 

4 substantially similar recreational activity— 

5 ‘‘(A) is comparable in type, nature, scope, 

6 and ecological setting to the specific activity au7 thorized under the special recreation permit; 

8 ‘‘(B) does not result in a greater impact on 

9 natural and cultural resources than the author10 ized activity; and 

11 ‘‘(C) does not adversely affect any other 

12 permittee issued a special recreation permit for 

13 a public land unit under that paragraph. 

14 ‘‘(4) REPORT.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 make available to holders of special recreation 

17 permits under paragraph (1) and the public an 

18 annual report describing the use of fees col19 lected by the Secretary under paragraph (2). 

20 ‘‘(B) REQUIREMENTS.—The report under 

21 subparagraph (A) shall include a description of 

22 how the fees are used in each public land unit 

23 (as defined in section 101 of the Recreation 

24 Not Red Tape Act) administered by the Sec25 retary, including an identification of the 


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1 amounts used for specific activities within the 

2 public land unit.’’. 

3 (c) USE OF SPECIAL RECREATION PERMIT REV4 ENUE.—Section 808 of the Federal Lands Recreation En5 hancement Act (16 U.S.C. 6807) is amended— 

6 (1) in subsection (a)(3)(F), by striking ‘‘section 

7 6(a)’’ and inserting ‘‘section 806(a)’’; 

8 (2) in subsection (d), by striking ‘‘section 5’’ 

9 each place it appears and inserting ‘‘section 805’’; 

10 (3) by redesignating subsections (b) through (d) 

11 as subsections (c) through (e), respectively; and 

12 (4) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) USE OF SPECIAL RECREATION PERMIT FEE

15 REVENUE.—Revenue from a special recreation permit fee 

16 may be used for— 

17 ‘‘(1) the purposes described in subsection (a); 

18 and 

19 ‘‘(2) expenses— 

20 ‘‘(A) associated with processing applica21 tions for special recreation permits; and 

22 ‘‘(B) incurred in the improvement of the 

23 operation of the special recreation permit sys24 tem.’’. 


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1 (d) PERMANENT AUTHORIZATION.—Section 810 of 

2 the Federal Lands Recreation Enhancement Act (16 

3 U.S.C. 6809) is amended— 

4 (1) by striking ‘‘The authority’’ and inserting 

5 the following: 

6 ‘‘(a) IN GENERAL.—Except as provided in subsection 

7 (b), the authority’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) APPLICABILITY.—Subsection (a) shall not apply 

10 to— 

11 ‘‘(1) section 802; 

12 ‘‘(2) subsection (d)(2) or (h) of section 803; or 

13 ‘‘(3) subsection (a) or (b) of section 808.’’. 

14 SEC. 103. PERMITTING PROCESS IMPROVEMENTS. 

15 (a) IN GENERAL.—To simplify the process of the 

16 issuance and renewal of special recreation permits and re17 duce the cost of administering special recreation permits, 

18 the Secretary concerned shall— 

19 (1) not later than 180 days after the date of 

20 enactment of this Act— 

21 (A) evaluate the special recreation permit22 ting process; and 

23 (B) identify opportunities— 

24 (i) to eliminate duplicative processes; 

25 (ii) to reduce costs; and 


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1 (iii) to decrease processing times; and 

2 (2) not later than 180 days after the date on 

3 which the Secretary concerned completes the evalua4 tion and identification processes under paragraph 

5 (1), revise, as necessary, relevant agency regulations 

6 and policy statements to implement the improve7 ments identified under paragraph (1)(B). 

8 (b) ENVIRONMENTAL REVIEWS.— 

9 (1) IN GENERAL.—In issuing or renewing a 

10 special recreation permit, the Secretary concerned 

11 may, in compliance with the National Environmental 

12 Policy Act of 1969 (42 U.S.C. 4321 et seq.)— 

13 (A) use a programmatic environmental re14 view; and 

15 (B) adopt or incorporate material from a 

16 previous environmental impact statement or en17 vironmental assessment. 

18 (2) RULEMAKING.—Not later than 1 year after 

19 the date of enactment of this Act, the Secretary con20 cerned shall promulgate such regulations as are nec21 essary to carry out this subsection. 

22 (c) CATEGORICAL EXCLUSIONS.— 

23 (1) EVALUATION.—Not later than 1 year after 

24 the date of enactment of this Act, the Secretary con25 cerned shall evaluate whether one or more additional 


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1 categorical exclusions developed in compliance with 

2 the National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.) would reduce processing times 

4 or costs for the issuance or renewal of special recre5 ation permits without significantly affecting the 

6 quality of the human environment. 

7 (2) ESTABLISHMENT OF CATEGORICAL EXCLU8 SIONS.—If the Secretary concerned determines 

9 under paragraph (1) that one or more additional 

10 categorical exclusions would reduce processing times 

11 or costs for the issuance or renewal of special recre12 ation permits without significantly affecting the 

13 quality of the human environment, the Secretary 

14 concerned shall— 

15 (A) establish those categorical exclusions 

16 in compliance with the National Environmental 

17 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

18 and 

19 (B) revise relevant regulations and policy 

20 statements of applicable Federal agencies to in21 corporate those categorical exclusions. 

22 (3) ADMINISTRATION.— 

23 (A) IN GENERAL.—In administering a cat24 egorical exclusion established under paragraph 

25 (2), the Secretary concerned shall comply with 


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1 the National Environmental Policy Act of 1969 

2 (42 U.S.C. 4321 et seq.) (including regulations 

3 promulgated under that Act). 

4 (B) EXTRAORDINARY CIRCUMSTANCES.— 

5 In determining whether to use a categorical ex6 clusion established under paragraph (2), the 

7 Secretary concerned shall apply the extraor8 dinary circumstances procedures described in— 

9 (i) section 1508.4 of title 40, Code of 

10 Federal Regulations (or a successor regula11 tion); and 

12 (ii) as applicable— 

13 (I) section 220.6 of title 36, Code 

14 of Federal Regulations (or a successor 

15 regulation); and 

16 (II) section 46.215 of title 43, 

17 Code of Federal Regulations (or a 

18 successor regulation). 

19 (d) NEEDS ASSESSMENTS.—Except as required 

20 under subsection (c) or (d) of section 4 of the Wilderness 

21 Act (16 U.S.C. 1133), the Secretary concerned shall not 

22 conduct a needs assessment as a condition of issuing a 

23 special recreation permit under this Act. 

24 (e) ONLINE APPLICATIONS.—The Secretary con25 cerned shall make applications for special recreation perVerDate Sep 11 2014 03:55 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3458.IH H3458

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1 mits available to be completed and submitted online unless 

2 the Secretary concerned determines that making the appli3 cations available for completion and submission online 

4 would not improve the efficiency or accessibility of the per5 mitting process. 

6 SEC. 104. PERMIT FLEXIBILITY. 

7 (a) VOLUNTARY RETURN OF SURPLUS SERVICE

8 DAYS.—The Secretary concerned shall establish a pro9 gram to allow a permittee issued a special recreation per10 mit for a public land unit to voluntarily and temporarily 

11 return to the Secretary concerned one or more service 

12 days, to be made available to any other existing or poten13 tial permittee. 

14 (b) FOREST SERVICE AND BUREAU OF LAND MAN15 AGEMENT TEMPORARY SPECIAL RECREATION PER16 MITS.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this Act, the Sec19 retary concerned shall establish and implement a 

20 program to authorize the issuance of temporary spe21 cial recreation permits for new or additional rec22 reational uses of Federal recreational lands and 

23 waters managed by the Forest Service and the Bu24 reau of Land Management. 


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1 (2) TERM OF TEMPORARY PERMITS.—A tem2 porary special recreation permit issued under para3 graph (1) shall be issued for a period of not more 

4 than 2 years. 

5 (3) CONVERSION TO LONG-TERM PERMIT.—If 

6 the Secretary concerned determines that a permittee 

7 under paragraph (1) has completed 2 years of satis8 factory operation under the permit proposed to be 

9 converted, the Secretary may provide for the conver10 sion of a temporary special recreation permit issued 

11 under paragraph (1) to a long-term special recre12 ation permit. 

13 (4) EFFECT.—Nothing in this subsection alters 

14 or affects the authority of the Secretary to issue a 

15 special recreation permit under subsection (h)(1) of 

16 section 803 of the Federal Lands Recreation En17 hancement Act (16 U.S.C. 6802). 

18 SEC. 105. PERMIT ADMINISTRATION. 

19 (a) PERMIT AVAILABILITY.— 

20 (1) NOTIFICATION OF PERMIT AVAILABILITY.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraphs (B) and (C), if the Secretary 

23 concerned has determined that the Department 

24 of Agriculture or the Department of the Inte25 rior, as applicable, is able to issue new special 


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1 recreation permits to recreation service pro2 viders seeking to use a public land unit, the 

3 Secretary concerned shall publish that informa4 tion on the website of the agency that admin5 isters the relevant public land unit. 

6 (B) EXCEPTION FOR CERTAIN PERMITS.— 

7 With respect to a public land unit managed by 

8 the Forest Service or the Bureau of Land Man9 agement, subparagraph (A) shall apply only to 

10 a long-term special recreation permit for the 

11 public land unit. 

12 (C) EXCEPTION FOR RENEWALS AND

13 REISSUANCES.—Subparagraph (A) shall not 

14 apply to— 

15 (i) a renewal or reissuance of an exist16 ing special recreation permit; or 

17 (ii) a new special recreation permit 

18 issued to the purchaser of a recreation 

19 service provider that is the holder of an ex20 isting special recreation permit. 

21 (D) EFFECT.—Nothing in this paragraph 

22 creates a prerequisite to the issuance of a spe23 cial recreation permit or otherwise limits the 

24 authority of the Secretary concerned— 


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1 (i) to issue a new special recreation 

2 permit; or 

3 (ii) to add a new or additional use to 

4 an existing special recreation permit. 

5 (2) UPDATES.—The Secretary concerned shall 

6 ensure that information published on the website 

7 under this subsection is consistently updated to pro8 vide current and correct information to the public. 

9 (3) ELECTRONIC MAIL NOTIFICATION.—The 

10 Secretary concerned shall— 

11 (A) establish a system by which potential 

12 special recreation permit applicants may sub13 scribe to receive notification of the availability 

14 of special recreation permits by electronic mail; 

15 and 

16 (B) direct employees of the Department of 

17 Agriculture or the Department of the Interior, 

18 as applicable, to use that system to notify the 

19 public of the availability of special recreation 

20 permits. 

21 (b) PERMIT APPLICATION ACKNOWLEDGMENT.—Not 

22 later than 60 days after the date on which the Secretary 

23 concerned receives an application for a special recreation 

24 permit for a public land unit, the Secretary concerned 

25 shall— 


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1 (1) provide to the applicant notice acknowl2 edging receipt of the application; and 

3 (2)(A) issue a final decision with respect to the 

4 application; or 

5 (B) provide to the applicant notice of a pro6 jected date for a final decision on the application. 

7 SEC. 106. PERMITS FOR MULTIJURISDICTIONAL TRIPS. 

8 (a) SINGLE JOINT SPECIAL RECREATION PER9 MITS.— 

10 (1) IN GENERAL.—In the case of a multijuris11 dictional trip, the Federal land management agen12 cies with jurisdiction over the multijurisdictional trip 

13 may offer to the applicant a single joint special 

14 recreation permit that authorizes the use of each 

15 public land unit under the jurisdiction of those Fed16 eral land management agencies. 

17 (2) LEAD AGENCY.—In offering a single joint 

18 special recreation permit under paragraph (1), the 

19 applicable Federal land management agencies shall 

20 designate a lead agency for administering the single 

21 joint special recreation permit based on the following 

22 considerations: 

23 (A) The length of the multijurisdictional 

24 trip and the relative portions of the multijuris25 dictional trip on each public land unit. 


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1 (B) The congressional or administrative 

2 designations that apply to the areas to be used 

3 during the multijurisdictional trip and the de4 gree to which those designations impose limita5 tions on recreational use. 

6 (C) The relative ability of the Federal land 

7 management agencies with jurisdiction over any 

8 public land unit affected by the multijuris9 dictional trip to process the single joint special 

10 recreation permit application in a timely man11 ner. 

12 (D) Other relevant administrative consider13 ations. 

14 (3) APPLICATION.—An applicant desiring to be 

15 offered a single joint special recreation permit under 

16 paragraph (1) shall submit to the lead agency an ap17 plication, as required by the lead agency. 

18 (4) OPTION TO APPLY FOR SEPARATE PER19 MITS.—An applicant for a special recreation permit 

20 for a multijurisdictional trip may apply to each ap21 plicable Federal land management agency for a sep22 arate permit for the portion of the multijuris23 dictional trip on the public land unit managed by 

24 each applicable Federal land management agency. 


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1 (b) REQUIREMENTS.—In issuing a single joint special 

2 recreation permit under subsection (a), the lead agency 

3 shall— 

4 (1) coordinate with each associated agency, con5 sistent with the authority of the Secretary concerned 

6 under section 330 of the Department of the Interior 

7 and Related Agencies Appropriations Act, 2001 (43 

8 U.S.C. 1703), to develop and issue 1 joint permit 

9 that covers the entirety of the multijurisdictional 

10 trip; 

11 (2) in processing the joint special recreation 

12 permit application, incorporate the findings, inter13 ests, and needs of each associated agency; 

14 (3) in issuing the joint special recreation per15 mit, clearly identify the agencies that have the au16 thority to enforce the terms, stipulations, conditions, 

17 and agreements of the joint special recreation per18 mit, as determined under subsection (d); and 

19 (4) complete the permitting process within a 

20 reasonable timeframe. 

21 (c) COST RECOVERY.—Coordination with each asso22 ciated agency under subsection (b) shall not be subject to 

23 cost recovery. 

24 (d) ENFORCEMENT AUTHORITY.— 


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1 (1) DELEGATION OF AUTHORITY TO LEAD

2 AGENCY.—In administering a single joint special 

3 recreation permit under subsection (a), each associ4 ated agency shall delegate to the lead agency the au5 thority— 

6 (A) to enforce the terms, stipulations, con7 ditions, and agreements of the joint special 

8 recreation permit, as may be required by each 

9 associated agency; and 

10 (B) to suspend, terminate, or revoke the 

11 joint special recreation permit for— 

12 (i) noncompliance with Federal, State, 

13 or local laws (including regulations); 

14 (ii) noncompliance with the terms of 

15 the joint special recreation permit; or 

16 (iii) failure of the holder of the joint 

17 special recreation permit to exercise the 

18 privileges granted by the joint special 

19 recreation permit. 

20 (2) RETENTION OF AUTHORITY BY THE ASSOCI21 ATED AGENCY.—The associated agency shall retain 

22 the authority to enforce the terms, stipulations, con23 ditions, and agreements in the joint special recre24 ation permit that apply specifically to the use occurVerDate Sep 11 2014 03:55 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3458.IH H3458

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1 ring on the public land unit managed by the associ2 ated agency. 

3 (e) WITHDRAWAL.— 

4 (1) IN GENERAL.—The lead agency or an asso5 ciated agency may withdraw from a joint special 

6 recreation permit at any time. 

7 (2) ISSUANCE OF SEPARATE PERMITS.— 

8 (A) IN GENERAL.—In the case of a with9 drawal by one or more agencies under para10 graph (1), if the holder of the joint special 

11 recreation permit is in compliance with the re12 quirements of the joint special recreation per13 mit, the lead agency and each associated agency 

14 shall issue to the holder of the joint special 

15 recreation permit a new, separate special recre16 ation permit for any use occurring on the public 

17 land unit managed by the agency. 

18 (B) REQUIREMENTS.—A special recreation 

19 permit issued under subparagraph (A) shall 

20 contain the same or substantially similar terms, 

21 conditions, and operating stipulations as the 

22 joint special recreation permit from which an 

23 agency has withdrawn under paragraph (1). 

24 (C) NO NEW APPLICATION.—The holder of 

25 a joint special recreation permit from which an 


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1 agency has withdrawn under paragraph (1) 

2 shall not be required to submit a new applica3 tion for a separate special recreation permit. 

4 SEC. 107. FOREST SERVICE PERMIT USE REVIEWS. 

5 (a) IN GENERAL.—If the Secretary of Agriculture 

6 (referred to in this section as the ‘‘Secretary’’) conducts 

7 a special recreation permit use review in renewing a spe8 cial recreation permit or adjusting allocations of use in 

9 a special recreation permit, the Secretary shall— 

10 (1) take into consideration the performance of 

11 the special recreation permit holder during the re12 viewed period; and 

13 (2) if the special recreation permit holder re14 ceives a satisfactory performance review, allocate to 

15 the special recreation permit holder the highest level 

16 of actual annual use during the period under review 

17 plus 25 percent of that use, not to exceed the level 

18 allocated to the special recreation permit holder on 

19 the date on which the special recreation permit was 

20 issued. 

21 (b) ADDITIONAL CAPACITY.— 

22 (1) IN GENERAL.—If additional use capacity is 

23 available, the Secretary may, at any time, assign the 

24 remaining use to one or more qualified recreation 

25 service providers. 


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1 (2) ASSIGNMENT NOT SUBJECT TO CAP ON

2 USE.—Notwithstanding subsection (a), in assigning 

3 additional use capacity under paragraph (1), the 

4 Secretary may assign additional use capacity to an 

5 existing special recreation permit holder even if that 

6 assignment would exceed the amount of use allo7 cated to the special recreation permit holder on the 

8 date on which the special recreation permit was 

9 issued. 

10 (c) WAIVER.—The Secretary may waive a special 

11 recreation permit use review for any period during which 

12 use of the assigned capacity for the special recreation per13 mit has been prevented by a circumstance beyond the con14 trol of the special recreation permit holder, such as— 

15 (1) unfavorable weather; 

16 (2) fire; 

17 (3) natural disaster; 

18 (4) wildlife displacement; 

19 (5) business interruption; 

20 (6) insufficient availability of hunting and fish21 ing licenses; or 

22 (7) significant seasonal variability or off-peak 

23 periods within the allocated period of use. 

24 (d) APPROVAL OF NON-USE.— 


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1 (1) IN GENERAL.—In any circumstance for 

2 which the holder of a special recreation permit would 

3 qualify for a waiver under subsection (c), on request 

4 of the holder of the special recreation permit, the 

5 Secretary may approve non-use by the holder of the 

6 special recreation permit without reducing the num7 ber of service days assigned to the special recreation 

8 permit. 

9 (2) REALLOCATION OF USE.—The Secretary 

10 may assign any period of non-use approved under 

11 paragraph (1) to another qualified recreation service 

12 provider. 

13 SEC. 108. LIABILITY. 

14 (a) IN GENERAL.—To the extent authorized by appli15 cable State law, the Secretary concerned shall authorize 

16 a permittee issued a special recreation permit for a public 

17 land unit under section 803(h) of the Federal Lands 

18 Recreation Enhancement Act (16 U.S.C. 6802(h)) to re19 quire a client of the permittee to sign a form that— 

20 (1) releases the permittee and any agents, em21 ployees, and other persons affiliated with the per22 mittee from liability for ordinary negligence that 

23 arises out of or in connection with the authorized ac24 tivities of the permittee; 


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1 (2) requires the client to indemnify and hold 

2 harmless the permittee and any agents, employees, 

3 and other persons affiliated with the permittee for 

4 any injury or damages the permittee may sustain as 

5 a result of any claim other than gross negligence 

6 that is caused by or arises out of or in connection 

7 with the involvement of the client in the authorized 

8 activities of the permittee; 

9 (3) releases the United States and any agents, 

10 employees, and contractors of the United States 

11 from liability for ordinary negligence that arises out 

12 of or in connection with the authorized activities of 

13 the permittee; and 

14 (4) requires the client to indemnify and hold 

15 harmless the United States and any agents, employ16 ees, and contractors of the United States for any in17 jury or damages the United States or any agents, 

18 employees, and contractors of the United States may 

19 sustain as a result of any claim other than gross 

20 negligence that is caused by or arises out of or in 

21 connection with the involvement of the client in the 

22 authorized activities of the permittee. 

23 (b) REQUIREMENTS.—A form under subsection (a)— 

24 (1) shall not preclude claims of gross negligence 

25 against the permittee; 


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1 (2) shall not eliminate the obligation of the per2 mittee to indemnify the United States unless the 

3 permittee is a recreation service provider that meets 

4 the requirements of subsection (c); 

5 (3) shall not affect the ability of the United 

6 States to recover as an additional insured under any 

7 insurance policy obtained by the permittee in con8 nection with the authorized activities of the per9 mittee; 

10 (4) shall identify the State under the laws of 

11 which— 

12 (A) the form, including any waiver or re13 lease, shall be enforced; and 

14 (B) any claim or cause of action, whether 

15 in tort or in contract, relating to or arising out 

16 of the form shall be governed; and 

17 (5) may be subject to review and approval by 

18 the Secretary concerned to ensure that the require19 ments of this section are met. 

20 (c) INDEMNIFICATION BY GOVERNMENT ENTITIES.— 

21 The Secretary concerned may not require a recreation 

22 service provider to indemnify the United States as a condi23 tion for issuing a special recreation permit for a public 

24 land unit under section 803(h) of the Federal Lands 

25 Recreation Enhancement Act (16 U.S.C. 6802(h)) if— 


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1 (1) the recreation service provider is prohibited 

2 by State or local law from providing indemnification 

3 to the United States; and 

4 (2) the recreation service provider— 

5 (A) carries the minimum amount of liabil6 ity insurance coverage required by the issuing 

7 agency for the activities conducted under the 

8 special recreation permit; or 

9 (B) is self-insured for the same amount. 

10 SEC. 109. COST RECOVERY REFORM. 

11 (a) REVISION OF REGULATIONS.— 

12 (1) IN GENERAL.—Not later than 1 year after 

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

14 Agriculture shall revise section 251.58 of title 36, 

15 Code of Federal Regulations, and the Secretary of 

16 the Interior shall revise section 2932.31 of title 43, 

17 Code of Federal Regulations, to be consistent with 

18 this section. 

19 (2) LIMITATION.—In carrying out paragraph 

20 (1), the Secretaries shall not include anything in the 

21 revised regulations that would limit the authority of 

22 the Secretaries to issue or renew special recreation 

23 permits. 

24 (b) DE MINIMIS EXEMPTION FROM COST RECOV25 ERY.— 


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1 (1) IN GENERAL.—Any regulation promulgated 

2 by the Secretary of the Interior or the Secretary of 

3 Agriculture to establish fees to recover the costs of 

4 processing an application for a special recreation 

5 permit or monitoring an authorization under a spe6 cial recreation permit shall include an exemption 

7 providing that fees may not be recovered for not less 

8 than the first 50 hours of work necessary in any 1 

9 year to process the application or monitor the au10 thorization. 

11 (2) MULTIPLE APPLICATIONS.—In situations 

12 involving multiple applications for special recreation 

13 permits for similar services in the same public land 

14 unit or area that, in the aggregate, require more 

15 hours to process than are exempt under the regula16 tions promulgated under paragraph (1), the Sec17 retary concerned shall, regardless of whether the ap18 plications are solicited or unsolicited and whether 

19 there is competitive interest— 

20 (A) determine the share of the aggregate 

21 quantity of hours to be allocated to each appli22 cation on an equal or prorated basis, as appro23 priate; and 

24 (B) for each application, apply a separate 

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1 mulgated under paragraph (1) to the share of 

2 the aggregate hours allocated to the application. 

3 (c) COST REDUCTION.—To the maximum extent 

4 practicable, the Secretary concerned processing an appli5 cation for a special recreation permit shall use existing 

6 studies and analysis to reduce the quantity of work and 

7 costs necessary to process the application. 

8 SEC. 110. EXTENSION OF SPECIAL RECREATION PERMITS. 

9 (a) IN GENERAL.—Subject to subsection (b), if the 

10 holder of a long-term special recreation permit makes a 

11 timely and sufficient request for renewal of the long-term 

12 special recreation permit, the expiration of the permit 

13 shall be tolled in accordance with the undesignated matter 

14 following section 558(c)(2) of title 5, United States Code, 

15 until such time as the request for renewal has been finally 

16 determined by the Secretary concerned. 

17 (b) LIMITATION.—Any tolling under subsection (a) 

18 shall be for a period of not more than 5 years. 

19 (c) RESPONSIBILITY OF THE SECRETARY CON20 CERNED.—Before allowing the expiration of a permit to 

21 be tolled under subsection (a), the Secretary concerned, 

22 to the maximum extent practicable, shall complete the re23 newal process. 


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1 SEC. 111. AVAILABILITY OF FEDERAL AND STATE RECRE2 ATION PASSES. 

3 (a) IN GENERAL.—The Federal Lands Recreation 

4 Enhancement Act is amended by inserting after section 

5 805 (16 U.S.C. 6804) the following: 

6 ‘‘SEC. 805A. AVAILABILITY OF FEDERAL AND STATE RECRE7 ATION PASSES. 

8 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 

9 ‘‘(1) IN GENERAL.—To improve the availability 

10 of Federal and State outdoor recreation passes, the 

11 Secretaries are encouraged to consult with States to 

12 coordinate the availability of Federal and State 

13 recreation passes to allow a purchaser to buy a Fed14 eral recreation pass and a State recreation pass in 

15 the same transaction. 

16 ‘‘(2) INCLUDED PASSES.—Passes covered by 

17 the program established under paragraph (1) in18 clude— 

19 ‘‘(A) an America the Beautiful—the Na20 tional Parks and Federal Recreational Lands 

21 Pass under section 805; and 

22 ‘‘(B) any pass covering any fees charged 

23 by participating States and localities for en24 trance and recreational use of parks and public 

25 land in the participating States. 

26 ‘‘(b) AGREEMENTS WITH STATES.— 


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1 ‘‘(1) IN GENERAL.—The Secretaries, after con2 sultation with the States, may enter into agreements 

3 with States to coordinate the availability of passes 

4 as described in subsection (a). 

5 ‘‘(2) REVENUE FROM PASS SALES.—The agree6 ments between the Secretaries and the States shall 

7 ensure that— 

8 ‘‘(A) funds from the sale of State passes 

9 are transferred to the appropriate State agency; 

10 ‘‘(B) funds from the sale of Federal passes 

11 are transferred to the appropriate Federal 

12 agency; and 

13 ‘‘(C) fund transfers are completed by the 

14 end of a fiscal year for all pass sales occurring 

15 during the fiscal year. 

16 ‘‘(3) NOTICE.—In entering into an agreement 

17 under paragraph (1), the Secretaries shall publish in 

18 the Federal Register a notice describing the agree19 ment.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 for the Federal Lands Recreation Enhancement Act (16 

22 U.S.C. 6801 et seq.) is amended by inserting after the 

23 item relating to section 805 the following: 

‘‘Sec. 805A. Availability of Federal and State recreation passes.’’. 


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1 SEC. 112. ONLINE PURCHASES OF AMERICA THE BEAU2 TIFUL—THE NATIONAL PARKS AND FEDERAL 

3 RECREATIONAL LANDS PASS. 

4 (a) IN GENERAL.—Section 805(a)(6) of the Federal 

5 Lands Recreation Enhancement Act (16 U.S.C. 

6 6804(a)(6)) is amended by striking subparagraph (A) and 

7 inserting the following: 

8 ‘‘(A) IN GENERAL.—The Secretaries shall 

9 sell the America the Beautiful—the National 

10 Parks and Federal Recreational Lands Pass— 

11 ‘‘(i) at all Federal recreational lands 

12 and waters at which an entrance fee or a 

13 standard amenity recreation fee is charged 

14 where feasible to do so; 

15 ‘‘(ii) at such other locations as the 

16 Secretaries consider appropriate and fea17 sible; and 

18 ‘‘(iii) through the website of each of 

19 the Federal land management agencies and 

20 the websites of the relevant units and 

21 subunits of those agencies, with— 

22 ‘‘(I) a prominent link on each 

23 website; and 

24 ‘‘(II) information about where 

25 and when passes are needed.’’. 


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1 (b) ENTRANCE PASS AND AMENITY FEES.—The Sec2 retaries shall make available for payment online, if appro3 priate and feasible, for each public land unit where passes 

4 and fees are required— 

5 (1) all entrance fees under section 803(e) of the 

6 Federal Lands Recreation Enhancement Act (16 

7 U.S.C. 6802(e)); 

8 (2) all standard amenity recreation fees under 

9 section 803(f) of that Act (16 U.S.C. 6802(f)); and 

10 (3) all expanded amenity recreation fees under 

11 section 803(g) of that Act (16 U.S.C. 6802(g)). 

12 TITLE II—ACCESSING THE 

13 OUTDOORS 

14 SEC. 201. ACCESS FOR SERVICEMEMBERS AND VETERANS. 

15 (a) IN GENERAL.—The Secretaries are encouraged to 

16 work with the Secretary of Defense and the Secretary of 

17 Veterans Affairs to ensure servicemembers and veterans 

18 have access to outdoor recreation and to outdoor-related 

19 volunteer and wellness programs as a part of the basic 

20 services provided to servicemembers and veterans. 

21 (b) INCLUSION OF INFORMATION.—Each branch of 

22 the Armed Forces is encouraged to include information 

23 regarding outdoor recreation and outdoors-based careers 

24 in the materials and counseling services focused on resilVerDate Sep 11 2014 03:55 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H3458.IH H3458

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1 ience and career readiness provided in transition pro2 grams, including— 

3 (1) the benefits of outdoor recreation for phys4 ical and mental health; 

5 (2) resources to access guided outdoor trips and 

6 other outdoor programs connected to the Depart7 ment of Veterans Affairs; and 

8 (3) information regarding programs and jobs 

9 focused on continuing national service such as the 

10 Public Land Corps, AmeriCorps, or a conservation 

11 corps program. 

12 (c) OUTDOOR RECREATION PROGRAM ATTEND13 ANCE.—Each branch of the Armed Forces is encouraged 

14 to permit members of the Armed Forces on active duty 

15 status, at the discretion of the commander of the member, 

16 to use not more than 7 days of a permissive temporary 

17 duty assignment or terminal leave allotted to the member 

18 to participate in a program related to environmental stew19 ardship or guided outdoor recreation following deploy20 ment. 

21 (d) VETERAN HIRING.—The Secretaries are strongly 

22 encouraged to hire veterans in all positions related to the 

23 management of Federal recreational lands and waters. 


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1 TITLE III—MAKING RECREATION 

2 A PRIORITY 

3 SEC. 301. EXTENSION OF SEASONAL RECREATION OPPOR4 TUNITIES. 

5 (a) IN GENERAL.— 

6 (1) EXTENSION OF RECREATIONAL SEASON.— 

7 The relevant unit managers of Federal recreational 

8 lands and waters managed by the Forest Service, 

9 the Bureau of Land Management, and the National 

10 Park Service may— 

11 (A) identify areas of Federal recreational 

12 lands and waters in which recreation use is 

13 highly seasonal; 

14 (B) where appropriate, extend the recre15 ation season or increase recreation use in a sus16 tainable manner during the offseason; and 

17 (C) make information about extended sea18 son schedules and related recreational opportu19 nities available to the public and local commu20 nities. 

21 (2) CLARIFICATION.—Nothing in this sub22 section precludes the Secretaries from providing for 

23 additional recreational opportunities and uses at 

24 times other than those referred to in paragraph (1). 


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1 (b) INCLUSIONS.—An extension under subsection 

2 (a)(1) may include— 

3 (1) the addition of facilities that would increase 

4 recreation use during the offseason; and 

5 (2) improvement of access to the area to extend 

6 the season. 

7 (c) REQUIREMENT.—An extension under subsection 

8 (a)(1) shall be compatible with all applicable Federal laws, 

9 regulations, and policies, including land use plans. 

10 SEC. 302. RECREATION PERFORMANCE METRICS. 

11 (a) IN GENERAL.—The Chief of the Forest Service 

12 and the Director of the Bureau of Land Management shall 

13 evaluate land managers under their jurisdiction based on 

14 the achievement of applicable agency recreational and 

15 tourism metrics as described in applicable land manage16 ment plans. 

17 (b) METRICS.— 

18 (1) IN GENERAL.—The metrics used to evaluate 

19 recreation and tourism outcomes shall ensure— 

20 (A) the advancement of recreation and 

21 tourism goals; and 

22 (B) the ability of the land manager to en23 hance the outdoor experience of the visitor. 

24 (2) INCLUSIONS.—The metrics referred to para25 graph (1) shall include— 


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1 (A) the extent of positive economic im2 pacts; 

3 (B) visitation by families; 

4 (C) the number of visiting school and 

5 youth groups; 

6 (D) the number of available recreational 

7 opportunities; 

8 (E) the quality of visitor experience; 

9 (F) the number of recreational and envi10 ronmental educational programs offered; 

11 (G) visitor satisfaction; and 

12 (H) the maintenance and expansion of ex13 isting recreation infrastructure. 

14 SEC. 303. RECREATION MISSION. 

15 (a) DEFINITION OF FEDERAL AGENCY.—In this sec16 tion, the term ‘‘Federal agency’’ means each of— 

17 (1) the Corps of Engineers; 

18 (2) the Bureau of Reclamation; 

19 (3) the Federal Energy Regulatory Commission; 

20 and 

21 (4) the Department of Transportation. 

22 (b) MISSION.—With respect to the mission of the 

23 Federal agency, each Federal agency shall consider how 

24 land and water management decisions can enhance recre25 ation opportunities and the recreation economy. 


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1 SEC. 304. NATIONAL RECREATION AREA SYSTEM. 

2 (a) DECLARATION OF POLICY.—It is the policy of the 

3 United States that certain Federal land possesses remark4 able recreational values and should be managed for— 

5 (1) sustainable outdoor recreational uses by the 

6 people of the United States; 

7 (2) the recreational, social, and health benefits 

8 people receive from the Federal land through out9 door recreation; and 

10 (3) the specific and meaningful experiences 

11 made possible by unique and varied landscapes. 

12 (b) DEFINITIONS.—In this section: 

13 (1) NATURAL FEATURE.—The term ‘‘natural 

14 feature’’ means an ecological, geological, hydrologi15 cal, or scenic attribute of a specific area. 

16 (2) REMARKABLE RECREATIONAL AT17 TRIBUTE.—The term ‘‘remarkable recreational at18 tribute’’ means, with respect to an area— 

19 (A) a natural feature that supports high20 quality outdoor recreation opportunities and ex21 periences; 

22 (B) a unique cultural or historic feature or 

23 attribute that supports high-quality recreation 

24 opportunities and experiences; 

25 (C) the offering of outstanding existing or 

26 prospective recreation opportunities and uses; 


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1 (D) having an important role in, and con2 tributing significantly, to the outdoor recreation 

3 economy; and 

4 (E) having high fish and wildlife values. 

5 (3) SECRETARY.—The term ‘‘Secretary’’ 

6 means— 

7 (A) the Secretary of the Interior, acting 

8 through the Director of the Bureau of Land 

9 Management with respect to land administered 

10 by the Bureau of Land Management; and 

11 (B) the Secretary of Agriculture, acting 

12 through the Chief of the Forest Service, with 

13 respect to National Forest System land. 

14 (4) SYSTEM.—The term ‘‘System’’ means the 

15 National Recreation Area System established by 

16 subsection (c). 

17 (5) SYSTEM UNIT.—The term ‘‘System unit’’ 

18 means a System unit designated pursuant to sub19 section (c). 

20 (c) COMPOSITION.—There is established a National 

21 Recreation Area System, to be comprised of— 

22 (1) existing National Recreation Areas under 

23 the jurisdiction of the Bureau of Land Management 

24 or the Forest Service described in subsection (g); 

25 and 


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1 (2) new System units designated by Congress 

2 on or after the date of enactment of this Act. 

3 (d) ADMINISTRATION.— 

4 (1) IN GENERAL.—Subject to valid existing 

5 rights, the Secretary shall manage each System unit 

6 in a manner that— 

7 (A) prioritizes the sustainable enjoyment 

8 and enhancement of the remarkable rec9 reational attributes, natural features, and uses 

10 of the System unit consistent with subsection 

11 (a); and 

12 (B) protects the System unit for a variety 

13 of recreational uses (including outfitting and 

14 guiding, motorized recreation, hunting and fish15 ing, horseback riding, and biking) in locations 

16 where those uses are appropriate and are con17 ducted in accordance with the applicable land 

18 management plan and all applicable Federal 

19 and State laws (including regulations). 

20 (2) GRAZING.—Livestock grazing within System 

21 units, where established before the date of the enact22 ment of this Act, shall be permitted if the grazing 

23 complies with all applicable laws (including regula24 tions). 


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1 (3) STATE, TRIBAL, AND LOCAL INVOLVE2 MENT.—The Secretary shall consult with States, po3 litical subdivisions of States, affected Indian Tribes, 

4 adjacent landowners, and the public in the adminis5 tration of System units. 

6 (4) FISH AND WILDLIFE.—Nothing in this sec7 tion affects the jurisdiction or responsibilities of a 

8 State with respect to fish and wildlife in a System 

9 unit in the State. 

10 (5) WATER RIGHTS.—Nothing in this section 

11 affects any valid or vested water right in existence 

12 on the date of enactment of this Act. 

13 (6) SKI AREA LAND.—This section shall not 

14 apply to ski area land, including ski area special use 

15 permit boundaries, master development plan bound16 aries, and any acres allocated for resort development 

17 in a forest plan. 

18 (e) COMPONENTS OF NATIONAL RECREATION AREA

19 SYSTEM.— 

20 (1) MAP; LEGAL DESCRIPTION.— 

21 (A) IN GENERAL.—For System units des22 ignated by an Act of Congress after the date of 

23 enactment of this Act, as soon as practicable 

24 after the date of designation of a System unit, 


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1 the Secretary shall prepare a map and legal de2 scription of the System unit. 

3 (B) FORCE OF LAW.—The map and legal 

4 description filed under subparagraph (A) shall 

5 have the same force and effect as if included in 

6 this section, except that the Secretary may cor7 rect typographical errors in the map and legal 

8 description. 

9 (C) PUBLIC AVAILABILITY.—The map and 

10 legal description filed under subparagraph (A) 

11 shall be on file and available for public inspec12 tion in the offices of the Bureau of Land Man13 agement and the Forest Service, as appropriate. 

14 (2) COMPREHENSIVE MANAGEMENT PLAN.— 

15 (A) IN GENERAL.—For System units des16 ignated by an Act of Congress after the date of 

17 enactment of this Act the Secretary with juris18 diction over the System unit shall prepare a 

19 comprehensive management plan for the unit 

20 that fulfills the requirements of subsection 

21 (d)(1) and subparagraph (C). 

22 (B) TIMING.— 

23 (i) IN GENERAL.—The comprehensive 

24 management plan described in subpara25 graph (A) shall be completed as part of the 


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1 regular land use management planning 

2 process of the applicable agency on which 

3 the System unit is located. 

4 (ii) DELAY IN PLAN REVISION.—If the 

5 planning cycle of the applicable agency 

6 does not coincide with the designation of 

7 the System unit, the initial plan for the 

8 unit shall be completed not later than 3 

9 years after the date of designation of the 

10 System unit. 

11 (C) REQUIREMENTS.—A comprehensive 

12 management plan prepared under subparagraph 

13 (A) shall— 

14 (i) identify the existing, and to the ex15 tent practicable, prospective remarkable 

16 recreational attributes of the System unit; 

17 (ii) ensure the System unit is man18 aged to protect and enhance the purposes 

19 for which the System unit was established; 

20 (iii) ensure the System unit is man21 aged to protect and enhance the resources 

22 that make the area suitable for designation 

23 under subsection (c)(2) in accordance with 

24 subsection (a); 


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1 (iv) describe the circumstances and lo2 cations in which the activities described in 

3 paragraphs (1)(B) and (2) of subsection 

4 (d) are permitted on the System unit; 

5 (v) be coordinated with resource man6 agement planning for affected adjacent 

7 Federal land, if applicable; 

8 (vi) be prepared— 

9 (I) in accordance with— 

10 (aa) as applicable, the Fed11 eral Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 

13 1701 et seq.) or section 6 of the 

14 Forest and Rangeland Renewable 

15 Resources Planning Act of 1974 

16 (16 U.S.C. 1604); and 

17 (bb) any other applicable 

18 laws (including regulations); and 

19 (II) in consultation with States, 

20 political subdivisions of States, af21 fected Indian Tribes, adjacent land22 owners, and the public; and 

23 (vii) designate a sustainable road and 

24 trail network, consistent with subsection 

25 (a) and the purposes for which the System 


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1 unit was established, in accordance with all 

2 applicable laws (including regulations). 

3 (D) REVIEW.—A comprehensive manage4 ment plan described in subparagraph (A) shall 

5 be regularly reviewed and updated as part of 

6 the regular land management planning process 

7 of the applicable agency. 

8 (E) MANAGEMENT BY SECRETARY.— 

9 (i) IN GENERAL.—The Secretary shall 

10 manage a National Recreation Area de11 scribed in subsection (g) in accordance 

12 with the management plan for the Na13 tional Recreation Area in effect on the 

14 date of enactment of this Act, until the 

15 date on which the plan is revised or super16 seded by a new comprehensive manage17 ment plan issued in accordance with this 

18 paragraph. 

19 (ii) PLAN REVISION.—If one or more 

20 components of an existing management 

21 plan referred to in clause (i) conflict with 

22 this section, not later than 2 years after 

23 the date of enactment of this Act, the Sec24 retary shall revise the plan to make the 

25 plan consistent with this section. 


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1 (F) NOTICE.—The Secretary shall publish 

2 in the Federal Register notice of the completion 

3 and availability of a plan prepared under this 

4 paragraph. 

5 (f) POTENTIAL ADDITIONS TO NATIONAL RECRE6 ATION AREA SYSTEM.— 

7 (1) ELIGIBLE AREA.—An area eligible for inclu8 sion in the System is an area that possesses one or 

9 more remarkable recreational attributes. 

10 (2) POTENTIAL ADDITIONS.—In carrying out 

11 the land management planning process, the Sec12 retary shall— 

13 (A) identify eligible areas that possess one 

14 or more remarkable recreational attributes; 

15 (B) develop and maintain a list of eligible 

16 areas as potential additions to the System; 

17 (C) consider input from the Governor of, 

18 political subdivisions of, and affected Indian 

19 Tribes located in, the State in which the eligible 

20 areas are located; and 

21 (D) transmit to Congress lists of eligible 

22 areas for consideration. 

23 (g) EXISTING NATIONAL RECREATION AREAS.— 

24 Each National Recreation Area established before the date 

25 of enactment of this Act that is under the jurisdiction of 


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1 the Bureau of Land Management or the Forest Service 

2 shall be— 

3 (1) deemed to be a unit of the System; and 

4 (2) notwithstanding subsection (d), adminis5 tered under the law pertaining to the applicable Sys6 tem unit. 

7 (h) STANDARD FEES.—In accordance with sections 

8 803 through 808 of the Federal Lands Recreation En9 hancement Act (16 U.S.C. 6802–6807), the Secretary 

10 may establish a standard amenity fee at each National 

11 Recreation Area designated after the date of enactment 

12 of this Act, if— 

13 (1) the purpose of the fee is to enhance visitor 

14 services and stewardship of the recreation area; and 

15 (2) the establishment of a fee is not prohibited 

16 by other Federal law. 

17 (i) COMPLIANCE WITH EXISTING LAWS.—Nothing in 

18 this section modifies any obligation— 

19 (1) of the Secretary to prepare or implement a 

20 land use plan in accordance with section 202 of the 

21 Federal Land Policy and Management Act of 1976 

22 (43 U.S.C. 1712) or section 6 of the Forest and 

23 Rangeland Renewable Resources Planning Act of 

24 1974 (16 U.S.C. 1604); 


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1 (2) under the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.); 

3 (3) under the Federal Water Pollution Control 

4 Act (33 U.S.C. 1251 et seq.); or 

5 (4) under any other applicable law. 

6 (j) APPLICABILITY OF OTHER LAND MANAGEMENT

7 DESIGNATIONS.—Nothing in this section affects— 

8 (1) any other land or water management des9 ignation under any other provision of law; or 

10 (2) any obligation to comply with a requirement 

11 applicable to such a designation. 

12 (k) NATIVE AMERICAN TREATY RIGHTS.—Nothing 

13 in this section alters, modifies, enlarges, diminishes, or ab14 rogates the treaty rights of any Indian Tribe, including 

15 any off-reservation reserved rights. 

16 TITLE IV—MAINTENANCE OF 

17 PUBLIC LAND 

18 Subtitle A—Volunteers 

19 SEC. 401. PRIVATE-SECTOR VOLUNTEER ENHANCEMENT 

20 PROGRAM. 

21 (a) PURPOSE.—The purpose of this section is to pro22 mote private-sector volunteer programs within the Depart23 ment of the Interior and the Department of Agriculture 

24 to enhance stewardship, recreation access, and sustain25 ability of the resources, values, and facilities of the FedVerDate Sep 11 2014 03:55 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3458.IH H3458

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1 eral recreational lands and waters managed by the Federal 

2 land management agencies. 

3 (b) DEFINITIONS.—In this section: 

4 (1) SECRETARY CONCERNED.—The term ‘‘Sec5 retary concerned’’ means— 

6 (A) the Secretary of Agriculture (acting 

7 through the Chief of the Forest Service), with 

8 respect to National Forest System land; and 

9 (B) the Secretary of the Interior, with re10 spect to land managed by the Bureau of Land 

11 Management. 

12 (2) VOLUNTEER.—The term ‘‘volunteer’’ means 

13 any individual who performs volunteer services under 

14 this section. 

15 (c) ESTABLISHMENT.—The Secretary concerned 

16 shall carry out a program under which the Secretary con17 cerned shall— 

18 (1) enhance private-sector volunteer programs; 

19 (2) actively promote private-sector volunteer op20 portunities; and 

21 (3) provide outreach to, and coordinate with, 

22 the private sector for the purposes described in para23 graphs (1) and (2). 

24 (d) COOPERATIVE AGREEMENTS FOR STEWARDSHIP

25 OF FEDERAL LAND.— 


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1 (1) AUTHORITY TO ENTER INTO AGREE2 MENTS.—The Secretary concerned may enter into 

3 cooperative agreements (in accordance with section 

4 6305 of title 31, United States Code) with private 

5 agencies, organizations, institutions, corporations, 

6 individuals, or other entities to carry out one or 

7 more projects or programs with a Federal land man8 agement agency in accordance with this section. 

9 (2) PROJECT AND PROGRAM INSTRUCTIONS.— 

10 The Secretary concerned shall include in the cooper11 ative agreement the desired outcomes of the project 

12 or program and the guidelines for the volunteers to 

13 follow, including— 

14 (A) the physical boundaries of the project 

15 or program; 

16 (B) the equipment the volunteers are au17 thorized to use to complete the project or pro18 gram; 

19 (C) the training the volunteers are re20 quired to complete, including agency consider21 ation and incorporation of training offered by 

22 qualified nongovernmental organizations and 

23 volunteer partner organizations; 


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1 (D) the actions the volunteers are author2 ized to take to complete the project or program; 

3 and 

4 (E) any other information that the Sec5 retary concerned determines necessary for the 

6 volunteer group to complete the project or pro7 gram. 

8 (3) AUTHORIZED PROJECTS AND PROGRAMS.— 

9 Subject to paragraph (4), the Secretary concerned 

10 may use a cooperative agreement to carry out 

11 projects and programs for Federal land that— 

12 (A) promote the stewardship of resources 

13 of Federal land by volunteers; 

14 (B) support maintaining the resources, 

15 trails, and facilities on Federal land in a sus16 tainable manner; 

17 (C) increase awareness, understanding, 

18 and stewardship of Federal land through the 

19 development, publication, or distribution of edu20 cational materials and products; and 

21 (D) promote the use of Federal land as 

22 outdoor classrooms. 

23 (4) CONDITIONS ON USE OF AUTHORITY.—The 

24 Secretary concerned may use a cooperative agree25 ment under paragraph (1) to carry out a project or 


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1 program for the Federal land only if the project or 

2 program— 

3 (A) complies with all Federal laws (includ4 ing regulations) and policies; 

5 (B) is consistent with an applicable man6 agement plan for any Federal recreational lands 

7 and waters involved; 

8 (C) is monitored by the relevant Federal 

9 land management agency during the project 

10 and after project completion to determine com11 pliance with the instructions under paragraph 

12 (2); and 

13 (D) satisfies such other terms and condi14 tions as the Secretary concerned determines to 

15 be appropriate. 

16 Subtitle B—Priority Trail 

17 Maintenance 

18 SEC. 411. INTERAGENCY TRAIL MANAGEMENT. 

19 (a) IN GENERAL.—The Secretaries shall establish an 

20 interagency trail management plan to manage and main21 tain in a uniform manner trails that cross jurisdictional 

22 boundaries between Federal land management agencies. 

23 (b) REQUIREMENT.—The plan established under sub24 section (a) shall ensure compliance with all Federal laws. 

Æ 


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