II 

116TH CONGRESS 

1ST SESSION S. 1967 

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 SENATE OF THE UNITED STATES 

JUNE 25, 2019 

Mr. WYDEN (for himself and Ms. ERNST) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

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: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Sense of Congress regarding outdoor recreation. 


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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). 

8 (2) FEDERAL RECREATIONAL LANDS AND

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

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


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1 802 of the Federal Lands Recreation Enhancement 

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

3 (3) SECRETARIES.—Except as otherwise pro4 vided in this Act, the term ‘‘Secretaries’’ means— 

5 (A) the Secretary of the Interior; and 

6 (B) the Secretary of Agriculture. 

7 SEC. 3. SENSE OF CONGRESS REGARDING OUTDOOR 

8 RECREATION. 

9 It is the sense of Congress that— 

10 (1) outdoor recreation and the outdoor industry 

11 that outdoor recreation supports are vital to the 

12 United States; 

13 (2) access to outdoor recreation on Federal rec14 reational lands and waters is important to the health 

15 and wellness of all people of the United States, espe16 cially young people; 

17 (3) in addition to the overall economic benefit 

18 of outdoor recreation, the economic benefits of out19 door recreation on Federal recreational lands and 

20 waters creates significant economic and employment 

21 benefits to rural economies; 

22 (4) Congress supports the creation of outdoor 

23 recreation sector leadership positions within State 

24 governments, as well as coordination with recreation 

25 and tourism organizations within the State to guide 


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1 the growth of this sector, as evidenced by recent ex2 amples in the States of Colorado, Utah, and Wash3 ington; 

4 (5) State and local recreation and tourism of5 fices play a pivotal role in— 

6 (A) coordinating State outdoor recreation 

7 policies, management, and promotion among 

8 Federal, State, and local agencies and entities; 

9 (B) disseminating information, increasing 

10 awareness, and growing demand for outdoor 

11 recreation experiences among visitors across the 

12 United States and throughout the world; 

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

14 participation in outdoor recreation; and 

15 (D) promoting economic development in 

16 the State by coordinating with stakeholders, im17 proving recreational opportunities, and recruit18 ing outdoor recreation businesses; 

19 (6) it is vital— 

20 (A) to support the coordination and col21 laboration of the Federal and State land and 

22 water management agencies in the delivery of 

23 visitor services and management of outdoor 

24 recreation for the United States; and 


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1 (B) provide adequate staffing within Fed2 eral land management agencies to facilitate sus3 tainable and accessible outdoor recreation op4 portunities; and 

5 (7) volunteers and volunteer partnerships play 

6 an important role in maintaining public land. 

7 TITLE I—MODERNIZING 

8 RECREATION PERMITTING 

9 SEC. 101. DEFINITIONS. 

10 In this title: 

11 (1) ASSOCIATED AGENCY.—The term ‘‘associ12 ated agency’’ means the Federal land management 

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

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

15 special recreation permit under section 106. 

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

17 joint special recreation permit application submitted 

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

19 the Federal land management agency designated to 

20 administer the single joint special recreation permit 

21 under section 106(a)(2). 

22 (3) LONG-TERM SPECIAL RECREATION PER23 MIT.—The term ‘‘long-term special recreation per24 mit’’ means— 


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

2 Forest Service, a priority use permit; and 

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

4 Bureau of Land Management, a multiyear spe5 cial recreation permit. 

6 (4) MULTIJURISDICTIONAL TRIP.—The term 

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

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

9 and 

10 (B) is under the jurisdiction of two or 

11 more Federal land management agencies. 

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

13 land unit’’ means— 

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

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

16 (C) a unit of the National Wildlife Refuge 

17 System; 

18 (D) a district of the Bureau of Land Man19 agement; and 

20 (E) a project of the Bureau of Reclama21 tion. 

22 (6) RECREATION SERVICE PROVIDER.—The 

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

24 given the term in section 802 of the Federal Lands 

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


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1 (7) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture, with re4 spect to a public land unit described in para5 graph (5)(A); and 

6 (B) the Secretary of the Interior, with re7 spect to a public land unit described in sub8 paragraph (B), (C), (D), or (E) of paragraph 

9 (5). 

10 (8) SPECIAL RECREATION PERMIT.—The term 

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

12 the term in section 802 of the Federal Lands Recre13 ation Enhancement Act (16 U.S.C. 6801). 

14 SEC. 102. SPECIAL RECREATION PERMIT AND FEE. 

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

16 Recreation Enhancement Act (16 U.S.C. 6801) is amend17 ed— 

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

19 and inserting ‘‘803(f)’’; 

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

21 and inserting ‘‘section 803(g)’’; 

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

23 and inserting ‘‘section 805’’; 

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

25 and inserting ‘‘section 805’’; 


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

2 and inserting ‘‘section 807’’; 

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

4 3(h)’’ and inserting ‘‘section 803(h)’’; 

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

6 (5), (6), (7), (8), (9), (10), (11), and (13) as para7 graphs (15), (1), (3), (4), (5), (6), (7), (8), (11), 

8 (10), and (14), respectively, and moving the para9 graphs so as to appear in numerical order; 

10 (8) by inserting after paragraph (8) (as so re11 designated) the following: 

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

13 term ‘recreation service provider’ means an indi14 vidual or entity that— 

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

16 recreation services; or 

17 ‘‘(B) conducts recreational or competitive 

18 events, including incidental sales.’’; and 

19 (9) by inserting after paragraph (12) the fol20 lowing: 

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

22 term ‘special recreation permit’ means— 

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

24 outfitting and guiding special use permit; 


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

2 Service, a commercial use authorization for out3 fitting and guiding issued under— 

4 ‘‘(i) this Act; or 

5 ‘‘(ii) section 101925 of title 54, 

6 United States Code; 

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

8 Fish and Wildlife Service, a special use permit 

9 for recreational, sport fishing, or hunting outfit10 ting and guiding; 

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

12 Management, a special recreation permit for 

13 commercial outfitting and guiding; and 

14 ‘‘(E) with respect to the Bureau of Rec15 lamation, a use authorization for guiding, out16 fitting, or other recreational services.’’. 

17 (b) SPECIAL RECREATION PERMIT AND FEE.—Sec18 tion 803 of the Federal Lands Recreation Enhancement 

19 Act (16 U.S.C. 6802) is amended— 

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

21 4(d)’’ and inserting ‘‘section 804(d)’’; and 

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

23 following: 

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


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1 ‘‘(1) SPECIAL RECREATION PERMIT.—The Sec2 retary may issue a special recreation permit for spe3 cialized individual or group uses of Federal rec4 reational lands and waters, including— 

5 ‘‘(A) outfitting, guiding, or other recre6 ation services; 

7 ‘‘(B) recreation or competitive events, 

8 which may include incidental sales; 

9 ‘‘(C) for the use of— 

10 ‘‘(i) a special area; or 

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

12 ‘‘(D) motorized recreational vehicle use; 

13 and 

14 ‘‘(E) a group activity or event. 

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

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

17 charge a special recreation permit fee in con18 nection with the issuance of a special recreation 

19 permit under paragraph (1). 

20 ‘‘(B) FEES FOR CERTAIN LANDS.— 

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

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

23 under subparagraph (A) for use of Federal 

24 recreational lands and waters managed by 

25 the Forest Service, the Bureau of Land 


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1 Management, the Bureau of Reclamation, 

2 or the United States Fish and Wildlife 

3 Service shall not exceed the difference be4 tween— 

5 ‘‘(I) the sum of— 

6 ‘‘(aa) 3 percent of the an7 nual gross revenue of the recre8 ation service provider for all ac9 tivities authorized by the special 

10 recreation permit; and 

11 ‘‘(bb) any applicable revenue 

12 addition; and 

13 ‘‘(II) any applicable revenue ex14 clusion. 

15 ‘‘(ii) EXCLUSION OF CERTAIN REVE16 NUES AND PAYMENTS.—In calculating the 

17 amount of a fee for a special recreation 

18 permit under clause (i), the Secretary shall 

19 exclude— 

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

21 souvenirs, merchandise, gear, food, 

22 and activities provided or sold by a 

23 special recreation permit holder in a 

24 location other than the Federal rec25 reational lands and waters covered by 


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1 the permit, including transportation 

2 costs, lodging, and any other service 

3 before or after a trip; and 

4 ‘‘(II) revenue from any rec5 reational services provided by a spe6 cial recreation permit holder for ac7 tivities on Federal recreational lands 

8 and waters for which a separate per9 mit is issued. 

10 ‘‘(iii) ALTERNATIVE PER-PERSON

11 FEE.— 

12 ‘‘(I) IN GENERAL.—For Federal 

13 recreational lands and waters man14 aged by the Forest Service, the Bu15 reau of Land Management, the Bu16 reau of Reclamation, or the United 

17 States Fish and Wildlife Service, the 

18 Secretary may charge a per-person fee 

19 in connection with the issuance of a 

20 special recreation permit under para21 graph (1). 

22 ‘‘(II) AMOUNT OF FEE.—The 

23 total amount charged by the Secretary 

24 in connection with the issuance of a 

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1 graph (1) using a per-person fee 

2 under subclause (I) shall be com3 parable to the amount the Secretary 

4 may charge for a special recreation 

5 permit fee under subparagraph (A) 

6 and clauses (i) and (ii). 

7 ‘‘(iv) EFFECT.—Nothing in this sub8 paragraph affects any fee for a commercial 

9 use authorization for use of Federal rec10 reational lands and waters managed by the 

11 National Park Service. 

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

13 recreation permit holder may inform customers 

14 of any fee charged by the Secretary under this 

15 section. 

16 ‘‘(3) SUBSTANTIALLY SIMILAR ACTIVITIES.— 

17 The Secretary shall establish a permit administra18 tion protocol that authorizes, to the maximum extent 

19 practicable, a permittee issued a special recreation 

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

21 101 of the Recreation Not Red Tape Act) under 

22 paragraph (1) to engage in a recreational activity 

23 that is substantially similar to the specific activity 

24 authorized under the special recreation permit, if the 

25 substantially similar recreational activity— 


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

2 and ecological setting to the specific activity au3 thorized under the special recreation permit; 

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

5 natural and cultural resources than the author6 ized activity; and 

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

8 permittee issued a special recreation permit for 

9 a public land unit under that paragraph. 

10 ‘‘(4) REPORT.— 

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

12 make available to holders of special recreation 

13 permits under paragraph (1) and the public an 

14 annual report describing the use of fees col15 lected by the Secretary under paragraph (2). 

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

17 subparagraph (A) shall include a description of 

18 how the fees are used in each public land unit 

19 (as defined in section 101 of the Recreation 

20 Not Red Tape Act) administered by the Sec21 retary, including an identification of the 

22 amounts used for specific activities within the 

23 public land unit.’’. 


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1 (c) USE OF SPECIAL RECREATION PERMIT REV2 ENUE.—Section 808 of the Federal Lands Recreation En3 hancement Act (16 U.S.C. 6807) is amended— 

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

5 6(a)’’ and inserting ‘‘section 806(a)’’; 

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

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

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

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

10 (4) by inserting after subsection (a) the fol11 lowing: 

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

13 REVENUE.—Revenue from a special recreation permit fee 

14 may be used for— 

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

16 and 

17 ‘‘(2) expenses— 

18 ‘‘(A) associated with processing applica19 tions for special recreation permits; and 

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

21 operation of the special recreation permit sys22 tem.’’. 

23 (d) PERMANENT AUTHORIZATION.—Section 810 of 

24 the Federal Lands Recreation Enhancement Act (16 

25 U.S.C. 6809) is amended— 


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

2 the following: 

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

4 (b), the authority’’; and 

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

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

7 to— 

8 ‘‘(1) section 802; 

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

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

11 SEC. 103. PERMITTING PROCESS IMPROVEMENTS. 

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

13 issuance and renewal of special recreation permits and re14 duce the cost of administering special recreation permits, 

15 the Secretary concerned shall— 

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

17 enactment of this Act— 

18 (A) evaluate the special recreation permit19 ting process; and 

20 (B) identify opportunities— 

21 (i) to eliminate duplicative processes; 

22 (ii) to reduce costs; and 

23 (iii) to decrease processing times; and 

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

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1 tion and identification processes under paragraph 

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

3 and policy statements to implement the improve4 ments identified under paragraph (1)(B). 

5 (b) ENVIRONMENTAL REVIEWS.— 

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

7 special recreation permit, the Secretary concerned 

8 may, in compliance with the National Environmental 

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

10 (A) use a programmatic environmental re11 view; and 

12 (B) adopt or incorporate material from a 

13 previous environmental impact statement or en14 vironmental assessment. 

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

16 the date of enactment of this Act, the Secretary con17 cerned shall promulgate such regulations as are nec18 essary to carry out this subsection. 

19 (c) CATEGORICAL EXCLUSIONS.— 

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

21 the date of enactment of this Act, the Secretary con22 cerned shall evaluate whether one or more additional 

23 categorical exclusions developed in compliance with 

24 the National Environmental Policy Act of 1969 (42 

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


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1 or costs for the issuance or renewal of special recre2 ation permits without significantly affecting the 

3 quality of the human environment. 

4 (2) ESTABLISHMENT OF CATEGORICAL EXCLU5 SIONS.—If the Secretary concerned determines 

6 under paragraph (1) that one or more additional 

7 categorical exclusions would reduce processing times 

8 or costs for the issuance or renewal of special recre9 ation permits without significantly affecting the 

10 quality of the human environment, the Secretary 

11 concerned shall— 

12 (A) establish those categorical exclusions 

13 in compliance with the National Environmental 

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

15 and 

16 (B) revise relevant regulations and policy 

17 statements of applicable Federal agencies to in18 corporate those categorical exclusions. 

19 (3) ADMINISTRATION.— 

20 (A) IN GENERAL.—In administering a cat21 egorical exclusion established under paragraph 

22 (2), the Secretary concerned shall comply with 

23 the National Environmental Policy Act of 1969 

24 (42 U.S.C. 4321 et seq.) (including regulations 

25 promulgated under that Act). 


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1 (B) EXTRAORDINARY CIRCUMSTANCES.— 

2 In determining whether to use a categorical ex3 clusion established under paragraph (2), the 

4 Secretary concerned shall apply the extraor5 dinary circumstances procedures described in— 

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

7 Federal Regulations (or a successor regula8 tion); and 

9 (ii) as applicable— 

10 (I) section 220.6 of title 36, Code 

11 of Federal Regulations (or a successor 

12 regulation); and 

13 (II) section 46.215 of title 43, 

14 Code of Federal Regulations (or a 

15 successor regulation). 

16 (d) NEEDS ASSESSMENTS.—Except as required 

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

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

19 conduct a needs assessment as a condition of issuing a 

20 special recreation permit under this Act. 

21 (e) ONLINE APPLICATIONS.—The Secretary con22 cerned shall make applications for special recreation per23 mits available to be completed and submitted online unless 

24 the Secretary concerned determines that making the appli25 cations available for completion and submission online 


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1 would not improve the efficiency or accessibility of the per2 mitting process. 

3 SEC. 104. PERMIT FLEXIBILITY. 

4 (a) VOLUNTARY RETURN OF SURPLUS SERVICE

5 DAYS.—The Secretary concerned shall establish a pro6 gram to allow a permittee issued a special recreation per7 mit for a public land unit to voluntarily and temporarily 

8 return to the Secretary concerned one or more service 

9 days, to be made available to any other existing or poten10 tial permittee. 

11 (b) FOREST SERVICE AND BUREAU OF LAND MAN12 AGEMENT TEMPORARY SPECIAL RECREATION PER13 MITS.— 

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

15 after the date of enactment of this Act, the Sec16 retary concerned shall establish and implement a 

17 program to authorize the issuance of temporary spe18 cial recreation permits for new or additional rec19 reational uses of Federal recreational lands and 

20 waters managed by the Forest Service and the Bu21 reau of Land Management. 

22 (2) TERM OF TEMPORARY PERMITS.—A tem23 porary special recreation permit issued under para24 graph (1) shall be issued for a period of not more 

25 than 2 years. 


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

2 the Secretary concerned determines that a permittee 

3 under paragraph (1) has completed 2 years of satis4 factory operation under the permit proposed to be 

5 converted, the Secretary may provide for the conver6 sion of a temporary special recreation permit issued 

7 under paragraph (1) to a long-term special recre8 ation permit. 

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

10 or affects the authority of the Secretary to issue a 

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

12 section 803 of the Federal Lands Recreation En13 hancement Act (16 U.S.C. 6802). 

14 SEC. 105. PERMIT ADMINISTRATION. 

15 (a) PERMIT AVAILABILITY.— 

16 (1) NOTIFICATION OF PERMIT AVAILABILITY.— 

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

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

19 concerned has determined that the Department 

20 of Agriculture or the Department of the Inte21 rior, as applicable, is able to issue new special 

22 recreation permits to recreation service pro23 viders seeking to use a public land unit, the 

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1 tion on the website of the agency that admin2 isters the relevant public land unit. 

3 (B) EXCEPTION FOR CERTAIN PERMITS.— 

4 With respect to a public land unit managed by 

5 the Forest Service or the Bureau of Land Man6 agement, subparagraph (A) shall apply only to 

7 a long-term special recreation permit for the 

8 public land unit. 

9 (C) EXCEPTION FOR RENEWALS AND

10 REISSUANCES.—Subparagraph (A) shall not 

11 apply to— 

12 (i) a renewal or reissuance of an exist13 ing special recreation permit; or 

14 (ii) a new special recreation permit 

15 issued to the purchaser of a recreation 

16 service provider that is the holder of an ex17 isting special recreation permit. 

18 (D) EFFECT.—Nothing in this paragraph 

19 creates a prerequisite to the issuance of a spe20 cial recreation permit or otherwise limits the 

21 authority of the Secretary concerned— 

22 (i) to issue a new special recreation 

23 permit; or 

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

25 an existing special recreation permit. 


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1 (2) UPDATES.—The Secretary concerned shall 

2 ensure that information published on the website 

3 under this subsection is consistently updated to pro4 vide current and correct information to the public. 

5 (3) ELECTRONIC MAIL NOTIFICATION.—The 

6 Secretary concerned shall— 

7 (A) establish a system by which potential 

8 special recreation permit applicants may sub9 scribe to receive notification of the availability 

10 of special recreation permits by electronic mail; 

11 and 

12 (B) direct employees of the Department of 

13 Agriculture or the Department of the Interior, 

14 as applicable, to use that system to notify the 

15 public of the availability of special recreation 

16 permits. 

17 (b) PERMIT APPLICATION ACKNOWLEDGMENT.—Not 

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

19 concerned receives an application for a special recreation 

20 permit for a public land unit, the Secretary concerned 

21 shall— 

22 (1) provide to the applicant notice acknowl23 edging receipt of the application; and 

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

25 application; or 


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1 (B) provide to the applicant notice of a pro2 jected date for a final decision on the application. 

3 SEC. 106. PERMITS FOR MULTIJURISDICTIONAL TRIPS. 

4 (a) SINGLE JOINT SPECIAL RECREATION PER5 MITS.— 

6 (1) IN GENERAL.—In the case of a multijuris7 dictional trip, the Federal land management agen8 cies with jurisdiction over the multijurisdictional trip 

9 may offer to the applicant a single joint special 

10 recreation permit that authorizes the use of each 

11 public land unit under the jurisdiction of those Fed12 eral land management agencies. 

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

14 special recreation permit under paragraph (1), the 

15 applicable Federal land management agencies shall 

16 designate a lead agency for administering the single 

17 joint special recreation permit based on the following 

18 considerations: 

19 (A) The length of the multijurisdictional 

20 trip and the relative portions of the multijuris21 dictional trip on each public land unit. 

22 (B) The congressional or administrative 

23 designations that apply to the areas to be used 

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1 gree to which those designations impose limita2 tions on recreational use. 

3 (C) The relative ability of the Federal land 

4 management agencies with jurisdiction over any 

5 public land unit affected by the multijuris6 dictional trip to process the single joint special 

7 recreation permit application in a timely man8 ner. 

9 (D) Other relevant administrative consider10 ations. 

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

12 offered a single joint special recreation permit under 

13 paragraph (1) shall submit to the lead agency an ap14 plication, as required by the lead agency. 

15 (4) OPTION TO APPLY FOR SEPARATE PER16 MITS.—An applicant for a special recreation permit 

17 for a multijurisdictional trip may apply to each ap18 plicable Federal land management agency for a sep19 arate permit for the portion of the multijuris20 dictional trip on the public land unit managed by 

21 each applicable Federal land management agency. 

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

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

24 shall— 


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1 (1) coordinate with each associated agency, con2 sistent with the authority of the Secretary concerned 

3 under section 330 of the Department of the Interior 

4 and Related Agencies Appropriations Act, 2001 (43 

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

6 that covers the entirety of the multijurisdictional 

7 trip; 

8 (2) in processing the joint special recreation 

9 permit application, incorporate the findings, inter10 ests, and needs of each associated agency; 

11 (3) in issuing the joint special recreation per12 mit, clearly identify the agencies that have the au13 thority to enforce the terms, stipulations, conditions, 

14 and agreements of the joint special recreation per15 mit, as determined under subsection (d); and 

16 (4) complete the permitting process within a 

17 reasonable timeframe. 

18 (c) COST RECOVERY.—Coordination with each asso19 ciated agency under subsection (b) shall not be subject to 

20 cost recovery. 

21 (d) ENFORCEMENT AUTHORITY.— 

22 (1) DELEGATION OF AUTHORITY TO LEAD

23 AGENCY.—In administering a single joint special 

24 recreation permit under subsection (a), each associVerDate Sep 11 2014 03:56 Jun 28, 2019 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1967.IS S1967

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1 ated agency shall delegate to the lead agency the au2 thority— 

3 (A) to enforce the terms, stipulations, con4 ditions, and agreements of the joint special 

5 recreation permit, as may be required by each 

6 associated agency; and 

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

8 joint special recreation permit for— 

9 (i) noncompliance with Federal, State, 

10 or local laws (including regulations); 

11 (ii) noncompliance with the terms of 

12 the joint special recreation permit; or 

13 (iii) failure of the holder of the joint 

14 special recreation permit to exercise the 

15 privileges granted by the joint special 

16 recreation permit. 

17 (2) RETENTION OF AUTHORITY BY THE ASSOCI18 ATED AGENCY.—The associated agency shall retain 

19 the authority to enforce the terms, stipulations, con20 ditions, and agreements in the joint special recre21 ation permit that apply specifically to the use occur22 ring on the public land unit managed by the associ23 ated agency. 

24 (e) WITHDRAWAL.— 


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1 (1) IN GENERAL.—The lead agency or an asso2 ciated agency may withdraw from a joint special 

3 recreation permit at any time. 

4 (2) ISSUANCE OF SEPARATE PERMITS.— 

5 (A) IN GENERAL.—In the case of a with6 drawal by one or more agencies under para7 graph (1), if the holder of the joint special 

8 recreation permit is in compliance with the re9 quirements of the joint special recreation per10 mit, the lead agency and each associated agency 

11 shall issue to the holder of the joint special 

12 recreation permit a new, separate special recre13 ation permit for any use occurring on the public 

14 land unit managed by the agency. 

15 (B) REQUIREMENTS.—A special recreation 

16 permit issued under subparagraph (A) shall 

17 contain the same or substantially similar terms, 

18 conditions, and operating stipulations as the 

19 joint special recreation permit from which an 

20 agency has withdrawn under paragraph (1). 

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

22 a joint special recreation permit from which an 

23 agency has withdrawn under paragraph (1) 

24 shall not be required to submit a new applica25 tion for a separate special recreation permit. 


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1 SEC. 107. FOREST SERVICE PERMIT USE REVIEWS. 

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

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

4 a special recreation permit use review in renewing a spe5 cial recreation permit or adjusting allocations of use in 

6 a special recreation permit, the Secretary shall— 

7 (1) take into consideration the performance of 

8 the special recreation permit holder during the re9 viewed period; and 

10 (2) if the special recreation permit holder re11 ceives a satisfactory performance review, allocate to 

12 the special recreation permit holder the highest level 

13 of actual annual use during the period under review 

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

15 allocated to the special recreation permit holder on 

16 the date on which the special recreation permit was 

17 issued. 

18 (b) ADDITIONAL CAPACITY.— 

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

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

21 remaining use to one or more qualified recreation 

22 service providers. 

23 (2) ASSIGNMENT NOT SUBJECT TO CAP ON

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

25 additional use capacity under paragraph (1), the 

26 Secretary may assign additional use capacity to an 


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1 existing special recreation permit holder even if that 

2 assignment would exceed the amount of use allo3 cated to the special recreation permit holder on the 

4 date on which the special recreation permit was 

5 issued. 

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

7 recreation permit use review for any period during which 

8 use of the assigned capacity for the special recreation per9 mit has been prevented by a circumstance beyond the con10 trol of the special recreation permit holder, such as— 

11 (1) unfavorable weather; 

12 (2) fire; 

13 (3) natural disaster; 

14 (4) wildlife displacement; 

15 (5) business interruption; 

16 (6) insufficient availability of hunting and fish17 ing licenses; or 

18 (7) significant seasonal variability or off-peak 

19 periods within the allocated period of use. 

20 (d) APPROVAL OF NON-USE.— 

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

22 which the holder of a special recreation permit would 

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

24 of the holder of the special recreation permit, the 

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


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1 special recreation permit without reducing the num2 ber of service days assigned to the special recreation 

3 permit. 

4 (2) REALLOCATION OF USE.—The Secretary 

5 may assign any period of non-use approved under 

6 paragraph (1) to another qualified recreation service 

7 provider. 

8 SEC. 108. LIABILITY. 

9 (a) IN GENERAL.—To the extent authorized by appli10 cable State law, the Secretary concerned shall authorize 

11 a permittee issued a special recreation permit for a public 

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

13 Recreation Enhancement Act (16 U.S.C. 6802(h)) to re14 quire a client of the permittee to sign a form that— 

15 (1) releases the permittee and any agents, em16 ployees, and other persons affiliated with the per17 mittee from liability for ordinary negligence that 

18 arises out of or in connection with the authorized ac19 tivities of the permittee; 

20 (2) requires the client to indemnify and hold 

21 harmless the permittee and any agents, employees, 

22 and other persons affiliated with the permittee for 

23 any injury or damages the permittee may sustain as 

24 a result of any claim other than gross negligence 

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


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1 with the involvement of the client in the authorized 

2 activities of the permittee; 

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

4 employees, and contractors of the United States 

5 from liability for ordinary negligence that arises out 

6 of or in connection with the authorized activities of 

7 the permittee; and 

8 (4) requires the client to indemnify and hold 

9 harmless the United States and any agents, employ10 ees, and contractors of the United States for any in11 jury or damages the United States or any agents, 

12 employees, and contractors of the United States may 

13 sustain as a result of any claim other than gross 

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

15 connection with the involvement of the client in the 

16 authorized activities of the permittee. 

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

18 (1) shall not preclude claims of gross negligence 

19 against the permittee; 

20 (2) shall not eliminate the obligation of the per21 mittee to indemnify the United States unless the 

22 permittee is a recreation service provider that meets 

23 the requirements of subsection (c); 

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

25 States to recover as an additional insured under any 


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1 insurance policy obtained by the permittee in con2 nection with the authorized activities of the per3 mittee; 

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

5 which— 

6 (A) the form, including any waiver or re7 lease, shall be enforced; and 

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

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

10 of the form shall be governed; and 

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

12 the Secretary concerned to ensure that the require13 ments of this section are met. 

14 (c) INDEMNIFICATION BY GOVERNMENT ENTITIES.— 

15 The Secretary concerned may not require a recreation 

16 service provider to indemnify the United States as a condi17 tion for issuing a special recreation permit for a public 

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

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

20 (1) the recreation service provider is prohibited 

21 by State or local law from providing indemnification 

22 to the United States; and 

23 (2) the recreation service provider— 

24 (A) carries the minimum amount of liabil25 ity insurance coverage required by the issuing 


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1 agency for the activities conducted under the 

2 special recreation permit; or 

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

4 SEC. 109. COST RECOVERY REFORM. 

5 (a) REVISION OF REGULATIONS.— 

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

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

8 Agriculture shall revise section 251.58 of title 36, 

9 Code of Federal Regulations, and the Secretary of 

10 the Interior shall revise section 2932.31 of title 43, 

11 Code of Federal Regulations, to be consistent with 

12 this section. 

13 (2) LIMITATION.—In carrying out paragraph 

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

15 revised regulations that would limit the authority of 

16 the Secretaries to issue or renew special recreation 

17 permits. 

18 (b) DE MINIMIS EXEMPTION FROM COST RECOV19 ERY.— 

20 (1) IN GENERAL.—Any regulation promulgated 

21 by the Secretary of the Interior or the Secretary of 

22 Agriculture to establish fees to recover the costs of 

23 processing an application for a special recreation 

24 permit or monitoring an authorization under a spe25 cial recreation permit shall include an exemption 


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1 providing that fees may not be recovered for not less 

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

3 year to process the application or monitor the au4 thorization. 

5 (2) MULTIPLE APPLICATIONS.—In situations 

6 involving multiple applications for special recreation 

7 permits for similar services in the same public land 

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

9 hours to process than are exempt under the regula10 tions promulgated under paragraph (1), the Sec11 retary concerned shall, regardless of whether the ap12 plications are solicited or unsolicited and whether 

13 there is competitive interest— 

14 (A) determine the share of the aggregate 

15 quantity of hours to be allocated to each appli16 cation on an equal or prorated basis, as appro17 priate; and 

18 (B) for each application, apply a separate 

19 exemption as specified in the regulations pro20 mulgated under paragraph (1) to the share of 

21 the aggregate hours allocated to the application. 

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

23 practicable, the Secretary concerned processing an appli24 cation for a special recreation permit shall use existing 


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1 studies and analysis to reduce the quantity of work and 

2 costs necessary to process the application. 

3 SEC. 110. EXTENSION OF SPECIAL RECREATION PERMITS. 

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

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

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

7 special recreation permit, the expiration of the permit 

8 shall be tolled in accordance with the undesignated matter 

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

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

11 determined by the Secretary concerned. 

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

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

14 (c) RESPONSIBILITY OF THE SECRETARY CON15 CERNED.—Before allowing the expiration of a permit to 

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

17 to the maximum extent practicable, shall complete the re18 newal process. 

19 SEC. 111. AVAILABILITY OF FEDERAL AND STATE RECRE20 ATION PASSES. 

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

22 Enhancement Act is amended by inserting after section 

23 805 (16 U.S.C. 6804) the following: 


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1 ‘‘SEC. 805A. AVAILABILITY OF FEDERAL AND STATE RECRE2 ATION PASSES. 

3 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 

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

5 of Federal and State outdoor recreation passes, the 

6 Secretaries are encouraged to consult with States to 

7 coordinate the availability of Federal and State 

8 recreation passes to allow a purchaser to buy a Fed9 eral recreation pass and a State recreation pass in 

10 the same transaction. 

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

12 the program established under paragraph (1) in13 clude— 

14 ‘‘(A) an America the Beautiful—the Na15 tional Parks and Federal Recreational Lands 

16 Pass under section 805; and 

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

18 by participating States and localities for en19 trance and recreational use of parks and public 

20 land in the participating States. 

21 ‘‘(b) AGREEMENTS WITH STATES.— 

22 ‘‘(1) IN GENERAL.—The Secretaries, after con23 sultation with the States, may enter into agreements 

24 with States to coordinate the availability of passes 

25 as described in subsection (a). 


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1 ‘‘(2) REVENUE FROM PASS SALES.—The agree2 ments between the Secretaries and the States shall 

3 ensure that— 

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

5 are transferred to the appropriate State agency; 

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

7 are transferred to the appropriate Federal 

8 agency; and 

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

10 end of a fiscal year for all pass sales occurring 

11 during the fiscal year. 

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

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

14 the Federal Register a notice describing the agree15 ment.’’. 

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

17 for the Federal Lands Recreation Enhancement Act (16 

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

19 item relating to section 805 the following: 

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

20 SEC. 112. ONLINE PURCHASES OF AMERICA THE BEAU21 TIFUL—THE NATIONAL PARKS AND FEDERAL 

22 RECREATIONAL LANDS PASS. 

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

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


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1 6804(a)(6)) is amended by striking subparagraph (A) and 

2 inserting the following: 

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

4 sell the America the Beautiful—the National 

5 Parks and Federal Recreational Lands Pass— 

6 ‘‘(i) at all Federal recreational lands 

7 and waters at which an entrance fee or a 

8 standard amenity recreation fee is charged 

9 where feasible to do so; 

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

11 Secretaries consider appropriate and fea12 sible; and 

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

14 the Federal land management agencies and 

15 the websites of the relevant units and 

16 subunits of those agencies, with— 

17 ‘‘(I) a prominent link on each 

18 website; and 

19 ‘‘(II) information about where 

20 and when passes are needed.’’. 

21 (b) ENTRANCE PASS AND AMENITY FEES.—The Sec22 retaries shall make available for payment online, if appro23 priate and feasible, for each public land unit where passes 

24 and fees are required— 


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

2 Federal Lands Recreation Enhancement Act (16 

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

4 (2) all standard amenity recreation fees under 

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

6 (3) all expanded amenity recreation fees under 

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

8 TITLE II—ACCESSING THE 

9 OUTDOORS 

10 SEC. 201. ACCESS FOR SERVICEMEMBERS AND VETERANS. 

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

12 work with the Secretary of Defense and the Secretary of 

13 Veterans Affairs to ensure servicemembers and veterans 

14 have access to outdoor recreation and to outdoor-related 

15 volunteer and wellness programs as a part of the basic 

16 services provided to servicemembers and veterans. 

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

18 the Armed Forces is encouraged to include information 

19 regarding outdoor recreation and outdoors-based careers 

20 in the materials and counseling services focused on resil21 ience and career readiness provided in transition pro22 grams, including— 

23 (1) the benefits of outdoor recreation for phys24 ical and mental health; 


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1 (2) resources to access guided outdoor trips and 

2 other outdoor programs connected to the Depart3 ment of Veterans Affairs; and 

4 (3) information regarding programs and jobs 

5 focused on continuing national service such as the 

6 Public Land Corps, AmeriCorps, or a conservation 

7 corps program. 

8 (c) OUTDOOR RECREATION PROGRAM ATTEND9 ANCE.—Each branch of the Armed Forces is encouraged 

10 to permit members of the Armed Forces on active duty 

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

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

13 duty assignment or terminal leave allotted to the member 

14 to participate in a program related to environmental stew15 ardship or guided outdoor recreation following deploy16 ment. 

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

18 encouraged to hire veterans in all positions related to the 

19 management of Federal recreational lands and waters. 

20 TITLE III—MAKING RECREATION 

21 A PRIORITY 

22 SEC. 301. EXTENSION OF SEASONAL RECREATION OPPOR23 TUNITIES. 

24 (a) IN GENERAL.— 


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1 (1) EXTENSION OF RECREATIONAL SEASON.— 

2 The relevant unit managers of Federal recreational 

3 lands and waters managed by the Forest Service, 

4 the Bureau of Land Management, and the National 

5 Park Service may— 

6 (A) identify areas of Federal recreational 

7 lands and waters in which recreation use is 

8 highly seasonal; 

9 (B) where appropriate, extend the recre10 ation season or increase recreation use in a sus11 tainable manner during the offseason; and 

12 (C) make information about extended sea13 son schedules and related recreational opportu14 nities available to the public and local commu15 nities. 

16 (2) CLARIFICATION.—Nothing in this sub17 section precludes the Secretaries from providing for 

18 additional recreational opportunities and uses at 

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

20 (b) INCLUSIONS.—An extension under subsection 

21 (a)(1) may include— 

22 (1) the addition of facilities that would increase 

23 recreation use during the offseason; and 

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

25 the season. 


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1 (c) REQUIREMENT.—An extension under subsection 

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

3 regulations, and policies, including land use plans. 

4 SEC. 302. RECREATION PERFORMANCE METRICS. 

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

6 and the Director of the Bureau of Land Management shall 

7 evaluate land managers under their jurisdiction based on 

8 the achievement of applicable agency recreational and 

9 tourism metrics as described in applicable land manage10 ment plans. 

11 (b) METRICS.— 

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

13 recreation and tourism outcomes shall ensure— 

14 (A) the advancement of recreation and 

15 tourism goals; and 

16 (B) the ability of the land manager to en17 hance the outdoor experience of the visitor. 

18 (2) INCLUSIONS.—The metrics referred to para19 graph (1) shall include— 

20 (A) the extent of positive economic im21 pacts; 

22 (B) visitation by families; 

23 (C) the number of visiting school and 

24 youth groups; 


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1 (D) the number of available recreational 

2 opportunities; 

3 (E) the quality of visitor experience; 

4 (F) the number of recreational and envi5 ronmental educational programs offered; 

6 (G) visitor satisfaction; and 

7 (H) the maintenance and expansion of ex8 isting recreation infrastructure. 

9 SEC. 303. RECREATION MISSION. 

10 (a) DEFINITION OF FEDERAL AGENCY.—In this sec11 tion, the term ‘‘Federal agency’’ means each of— 

12 (1) the Corps of Engineers; 

13 (2) the Bureau of Reclamation; 

14 (3) the Federal Energy Regulatory Commission; 

15 and 

16 (4) the Department of Transportation. 

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

18 Federal agency, each Federal agency shall consider how 

19 land and water management decisions can enhance recre20 ation opportunities and the recreation economy. 

21 SEC. 304. NATIONAL RECREATION AREA SYSTEM. 

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

23 United States that certain Federal land possesses remark24 able recreational values and should be managed for— 


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1 (1) sustainable outdoor recreational uses by the 

2 people of the United States; 

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

4 people receive from the Federal land through out5 door recreation; and 

6 (3) the specific and meaningful experiences 

7 made possible by unique and varied landscapes. 

8 (b) DEFINITIONS.—In this section: 

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

10 feature’’ means an ecological, geological, hydrologi11 cal, or scenic attribute of a specific area. 

12 (2) REMARKABLE RECREATIONAL AT13 TRIBUTE.—The term ‘‘remarkable recreational at14 tribute’’ means, with respect to an area— 

15 (A) a natural feature that supports high16 quality outdoor recreation opportunities and ex17 periences; 

18 (B) a unique cultural or historic feature or 

19 attribute that supports high-quality recreation 

20 opportunities and experiences; 

21 (C) the offering of outstanding existing or 

22 prospective recreation opportunities and uses; 

23 (D) having an important role in, and con24 tributing significantly, to the outdoor recreation 

25 economy; and 


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1 (E) having high fish and wildlife values. 

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

3 means— 

4 (A) the Secretary of the Interior, acting 

5 through the Director of the Bureau of Land 

6 Management with respect to land administered 

7 by the Bureau of Land Management; and 

8 (B) the Secretary of Agriculture, acting 

9 through the Chief of the Forest Service, with 

10 respect to National Forest System land. 

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

12 National Recreation Area System established by 

13 subsection (c). 

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

15 means a System unit designated pursuant to sub16 section (c). 

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

18 Recreation Area System, to be comprised of— 

19 (1) existing National Recreation Areas under 

20 the jurisdiction of the Bureau of Land Management 

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

22 and 

23 (2) new System units designated by Congress 

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

25 (d) ADMINISTRATION.— 


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

2 rights, the Secretary shall manage each System unit 

3 in a manner that— 

4 (A) prioritizes the sustainable enjoyment 

5 and enhancement of the remarkable rec6 reational attributes, natural features, and uses 

7 of the System unit consistent with subsection 

8 (a); and 

9 (B) protects the System unit for a variety 

10 of recreational uses (including outfitting and 

11 guiding, motorized recreation, hunting and fish12 ing, horseback riding, and biking) in locations 

13 where those uses are appropriate and are con14 ducted in accordance with the applicable land 

15 management plan and all applicable Federal 

16 and State laws (including regulations). 

17 (2) GRAZING.—Livestock grazing within System 

18 units, where established before the date of the enact19 ment of this Act, shall be permitted if the grazing 

20 complies with all applicable laws (including regula21 tions). 

22 (3) STATE, TRIBAL, AND LOCAL INVOLVE23 MENT.—The Secretary shall consult with States, po24 litical subdivisions of States, affected Indian Tribes, 


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1 adjacent landowners, and the public in the adminis2 tration of System units. 

3 (4) FISH AND WILDLIFE.—Nothing in this sec4 tion affects the jurisdiction or responsibilities of a 

5 State with respect to fish and wildlife in a System 

6 unit in the State. 

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

8 affects any valid or vested water right in existence 

9 on the date of enactment of this Act. 

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

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

12 permit boundaries, master development plan bound13 aries, and any acres allocated for resort development 

14 in a forest plan. 

15 (e) COMPONENTS OF NATIONAL RECREATION AREA

16 SYSTEM.— 

17 (1) MAP; LEGAL DESCRIPTION.— 

18 (A) IN GENERAL.—For System units des19 ignated by an Act of Congress after the date of 

20 enactment of this Act, as soon as practicable 

21 after the date of designation of a System unit, 

22 the Secretary shall prepare a map and legal de23 scription of the System unit. 

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

25 description filed under subparagraph (A) shall 


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1 have the same force and effect as if included in 

2 this section, except that the Secretary may cor3 rect typographical errors in the map and legal 

4 description. 

5 (C) PUBLIC AVAILABILITY.—The map and 

6 legal description filed under subparagraph (A) 

7 shall be on file and available for public inspec8 tion in the offices of the Bureau of Land Man9 agement and the Forest Service, as appropriate. 

10 (2) COMPREHENSIVE MANAGEMENT PLAN.— 

11 (A) IN GENERAL.—For System units des12 ignated by an Act of Congress after the date of 

13 enactment of this Act the Secretary with juris14 diction over the System unit shall prepare a 

15 comprehensive management plan for the unit 

16 that fulfills the requirements of subsection 

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

18 (B) TIMING.— 

19 (i) IN GENERAL.—The comprehensive 

20 management plan described in subpara21 graph (A) shall be completed as part of the 

22 regular land use management planning 

23 process of the applicable agency on which 

24 the System unit is located. 


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

2 planning cycle of the applicable agency 

3 does not coincide with the designation of 

4 the System unit, the initial plan for the 

5 unit shall be completed not later than 3 

6 years after the date of designation of the 

7 System unit. 

8 (C) REQUIREMENTS.—A comprehensive 

9 management plan prepared under subparagraph 

10 (A) shall— 

11 (i) identify the existing, and to the ex12 tent practicable, prospective remarkable 

13 recreational attributes of the System unit; 

14 (ii) ensure the System unit is man15 aged to protect and enhance the purposes 

16 for which the System unit was established; 

17 (iii) ensure the System unit is man18 aged to protect and enhance the resources 

19 that make the area suitable for designation 

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

21 subsection (a); 

22 (iv) describe the circumstances and lo23 cations in which the activities described in 

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

25 (d) are permitted on the System unit; 


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1 (v) be coordinated with resource man2 agement planning for affected adjacent 

3 Federal land, if applicable; 

4 (vi) be prepared— 

5 (I) in accordance with— 

6 (aa) as applicable, the Fed7 eral Land Policy and Manage8 ment Act of 1976 (43 U.S.C. 

9 1701 et seq.) or section 6 of the 

10 Forest and Rangeland Renewable 

11 Resources Planning Act of 1974 

12 (16 U.S.C. 1604); and 

13 (bb) any other applicable 

14 laws (including regulations); and 

15 (II) in consultation with States, 

16 political subdivisions of States, af17 fected Indian Tribes, adjacent land18 owners, and the public; and 

19 (vii) designate a sustainable road and 

20 trail network, consistent with subsection 

21 (a) and the purposes for which the System 

22 unit was established, in accordance with all 

23 applicable laws (including regulations). 

24 (D) REVIEW.—A comprehensive manage25 ment plan described in subparagraph (A) shall 


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1 be regularly reviewed and updated as part of 

2 the regular land management planning process 

3 of the applicable agency. 

4 (E) MANAGEMENT BY SECRETARY.— 

5 (i) IN GENERAL.—The Secretary shall 

6 manage a National Recreation Area de7 scribed in subsection (g) in accordance 

8 with the management plan for the Na9 tional Recreation Area in effect on the 

10 date of enactment of this Act, until the 

11 date on which the plan is revised or super12 seded by a new comprehensive manage13 ment plan issued in accordance with this 

14 paragraph. 

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

16 components of an existing management 

17 plan referred to in clause (i) conflict with 

18 this section, not later than 2 years after 

19 the date of enactment of this Act, the Sec20 retary shall revise the plan to make the 

21 plan consistent with this section. 

22 (F) NOTICE.—The Secretary shall publish 

23 in the Federal Register notice of the completion 

24 and availability of a plan prepared under this 

25 paragraph. 


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1 (f) POTENTIAL ADDITIONS TO NATIONAL RECRE2 ATION AREA SYSTEM.— 

3 (1) ELIGIBLE AREA.—An area eligible for inclu4 sion in the System is an area that possesses one or 

5 more remarkable recreational attributes. 

6 (2) POTENTIAL ADDITIONS.—In carrying out 

7 the land management planning process, the Sec8 retary shall— 

9 (A) identify eligible areas that possess one 

10 or more remarkable recreational attributes; 

11 (B) develop and maintain a list of eligible 

12 areas as potential additions to the System; 

13 (C) consider input from the Governor of, 

14 political subdivisions of, and affected Indian 

15 Tribes located in, the State in which the eligible 

16 areas are located; and 

17 (D) transmit to Congress lists of eligible 

18 areas for consideration. 

19 (g) EXISTING NATIONAL RECREATION AREAS.— 

20 Each National Recreation Area established before the date 

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

22 the Bureau of Land Management or the Forest Service 

23 shall be— 

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


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1 (2) notwithstanding subsection (d), adminis2 tered under the law pertaining to the applicable Sys3 tem unit. 

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

5 803 through 808 of the Federal Lands Recreation En6 hancement Act (16 U.S.C. 6802–6807), the Secretary 

7 may establish a standard amenity fee at each National 

8 Recreation Area designated after the date of enactment 

9 of this Act, if— 

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

11 services and stewardship of the recreation area; and 

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

13 by other Federal law. 

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

15 this section modifies any obligation— 

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

17 land use plan in accordance with section 202 of the 

18 Federal Land Policy and Management Act of 1976 

19 (43 U.S.C. 1712) or section 6 of the Forest and 

20 Rangeland Renewable Resources Planning Act of 

21 1974 (16 U.S.C. 1604); 

22 (2) under the Endangered Species Act of 1973 

23 (16 U.S.C. 1531 et seq.); 

24 (3) under the Federal Water Pollution Control 

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


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1 (4) under any other applicable law. 

2 (j) APPLICABILITY OF OTHER LAND MANAGEMENT

3 DESIGNATIONS.—Nothing in this section affects— 

4 (1) any other land or water management des5 ignation under any other provision of law; or 

6 (2) any obligation to comply with a requirement 

7 applicable to such a designation. 

8 (k) NATIVE AMERICAN TREATY RIGHTS.—Nothing 

9 in this section alters, modifies, enlarges, diminishes, or ab10 rogates the treaty rights of any Indian Tribe, including 

11 any off-reservation reserved rights. 

12 TITLE IV—MAINTENANCE OF 

13 PUBLIC LAND 

14 Subtitle A—Volunteers 

15 SEC. 401. PRIVATE-SECTOR VOLUNTEER ENHANCEMENT 

16 PROGRAM. 

17 (a) PURPOSE.—The purpose of this section is to pro18 mote private-sector volunteer programs within the Depart19 ment of the Interior and the Department of Agriculture 

20 to enhance stewardship, recreation access, and sustain21 ability of the resources, values, and facilities of the Fed22 eral recreational lands and waters managed by the Federal 

23 land management agencies. 

24 (b) DEFINITIONS.—In this section: 


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1 (1) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture (acting 

4 through the Chief of the Forest Service), with 

5 respect to National Forest System land; and 

6 (B) the Secretary of the Interior, with re7 spect to land managed by the Bureau of Land 

8 Management. 

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

10 any individual who performs volunteer services under 

11 this section. 

12 (c) ESTABLISHMENT.—The Secretary concerned 

13 shall carry out a program under which the Secretary con14 cerned shall— 

15 (1) enhance private-sector volunteer programs; 

16 (2) actively promote private-sector volunteer op17 portunities; and 

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

19 the private sector for the purposes described in para20 graphs (1) and (2). 

21 (d) COOPERATIVE AGREEMENTS FOR STEWARDSHIP

22 OF FEDERAL LAND.— 

23 (1) AUTHORITY TO ENTER INTO AGREE24 MENTS.—The Secretary concerned may enter into 

25 cooperative agreements (in accordance with section 


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1 6305 of title 31, United States Code) with private 

2 agencies, organizations, institutions, corporations, 

3 individuals, or other entities to carry out one or 

4 more projects or programs with a Federal land man5 agement agency in accordance with this section. 

6 (2) PROJECT AND PROGRAM INSTRUCTIONS.— 

7 The Secretary concerned shall include in the cooper8 ative agreement the desired outcomes of the project 

9 or program and the guidelines for the volunteers to 

10 follow, including— 

11 (A) the physical boundaries of the project 

12 or program; 

13 (B) the equipment the volunteers are au14 thorized to use to complete the project or pro15 gram; 

16 (C) the training the volunteers are re17 quired to complete, including agency consider18 ation and incorporation of training offered by 

19 qualified nongovernmental organizations and 

20 volunteer partner organizations; 

21 (D) the actions the volunteers are author22 ized to take to complete the project or program; 

23 and 

24 (E) any other information that the Sec25 retary concerned determines necessary for the 


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1 volunteer group to complete the project or pro2 gram. 

3 (3) AUTHORIZED PROJECTS AND PROGRAMS.— 

4 Subject to paragraph (4), the Secretary concerned 

5 may use a cooperative agreement to carry out 

6 projects and programs for Federal land that— 

7 (A) promote the stewardship of resources 

8 of Federal land by volunteers; 

9 (B) support maintaining the resources, 

10 trails, and facilities on Federal land in a sus11 tainable manner; 

12 (C) increase awareness, understanding, 

13 and stewardship of Federal land through the 

14 development, publication, or distribution of edu15 cational materials and products; and 

16 (D) promote the use of Federal land as 

17 outdoor classrooms. 

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

19 Secretary concerned may use a cooperative agree20 ment under paragraph (1) to carry out a project or 

21 program for the Federal land only if the project or 

22 program— 

23 (A) complies with all Federal laws (includ24 ing regulations) and policies; 


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1 (B) is consistent with an applicable man2 agement plan for any Federal recreational lands 

3 and waters involved; 

4 (C) is monitored by the relevant Federal 

5 land management agency during the project 

6 and after project completion to determine com7 pliance with the instructions under paragraph 

8 (2); and 

9 (D) satisfies such other terms and condi10 tions as the Secretary concerned determines to 

11 be appropriate. 

12 Subtitle B—Priority Trail 

13 Maintenance 

14 SEC. 411. INTERAGENCY TRAIL MANAGEMENT. 

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

16 interagency trail management plan to manage and main17 tain in a uniform manner trails that cross jurisdictional 

18 boundaries between Federal land management agencies. 

19 (b) REQUIREMENT.—The plan established under sub20 section (a) shall ensure compliance with all Federal laws. 

Æ 


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