II 

Calendar No. 501 

117TH CONGRESS 

2D SESSION S. 3266 

[Report No. 117–158] 

To improve recreation opportunities on, and facilitate greater access to, 

Federal public land, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2021 

Mr. MANCHIN (for himself and Mr. BARRASSO) introduced the following bill; 

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

SEPTEMBER 21, 2022 

Reported by Mr. MANCHIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To improve recreation opportunities on, and facilitate greater 

access to, Federal public land, 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 ‘‘Outdoor Recreation Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INCREASING RECREATION OPPORTUNITIES 

Sec. 101. Permit relief. 

Sec. 102. Planning and managing for recreation. 

Sec. 103. Forest Service climbing guidance. 

Sec. 104. Target shooting ranges. 

TITLE II—IMPROVING RECREATION OPPORTUNITIES 

Sec. 201. Broadband internet connectivity at recreation sites. 

Sec. 202. Federal land and aquatic resource activities assistance. 

Sec. 203. Improved recreation visitation data. 

Sec. 204. Travel management. 

TITLE III—INVESTING IN RECREATION INFRASTRUCTURE AND 

RURAL COMMUNITIES 

Sec. 301. Gateway communities. 

Sec. 302. Forest Service conservation finance partnerships. 

Sec. 303. Availability of Federal land infrastructure during shoulder seasons. 

Sec. 304. Public-private partnerships to modernize campgrounds on Federal 

land. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

6 means— 

7 (A) land under the jurisdiction of the Sec8 retary; and 

9 (B) National Forest System land. 

10 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

11 has the meaning given the term in section 4 of the 

12 Indian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 5304). 


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1 (3) SECRETARIES.—The term ‘‘Secretaries’’ 

2 means each of— 

3 (A) the Secretary; and 

4 (B) the Secretary of Agriculture. 

5 (4) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 (5) SECRETARY CONCERNED.—The term ‘‘Sec8 retary concerned’’ means— 

9 (A) the Secretary, with respect to land 

10 under the jurisdiction of the Secretary; or 

11 (B) the Secretary of Agriculture, with re12 spect to National Forest System land. 

13 TITLE I—INCREASING 

14 RECREATION OPPORTUNITIES 

15 SEC. 101. PERMIT RELIEF. 

16 (a) DEFINITION OF YOUTH GROUP.—In this section, 

17 the term ‘‘youth group’’ means any of the following that 

18 serves individuals not older than 25 years of age: 

19 (1) A nonprofit organization. 

20 (2) A youth service organization. 

21 (3) An educational institution. 

22 (4) A faith-based organization. 

23 (b) REMOVAL OF PERMIT REQUIREMENTS FOR CER24 TAIN AREAS.—If the Secretary concerned does not require 

25 the public to obtain a permit or reservation to access an 


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1 existing picnic area, the Secretary concerned may not re2 quire an outfitter or guide serving fewer than 40 clients 

3 to obtain a permit to access that site. 

4 (c) STUDY ON ACCESS FOR YOUTH GROUPS TO FED5 ERAL LAND AND PERMITS.— 

6 (1) IN GENERAL.—Not later than 4 years after 

7 the date of enactment of this Act, the Secretaries 

8 shall— 

9 (A) conduct a study on impediments relat10 ing to permitting that are hindering the ability 

11 of youth groups to access and recreate on Fed12 eral land; and 

13 (B) submit to the Committee on Energy 

14 and Natural Resources of the Senate and the 

15 Committee on Natural Resources of the House 

16 of Representatives a report that describes the 

17 findings of the study under subparagraph (A). 

18 (2) TEMPORARY PERMITS AND DE MINIMIS USE

19 PERMITS.—For purposes of the study conducted 

20 under paragraph (1)(A), for the 4-year period begin21 ning on the date that is 1 year before the date of 

22 enactment of this Act, the Secretaries shall— 

23 (A) assess the frequency and appropriate24 ness of the issuance of temporary permits or 


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1 other special recreation permits for youth 

2 groups on Federal land; 

3 (B) assess the quantity of requests made 

4 by youth groups to access a publicly accessible 

5 site on a unit of the National Forest System, 

6 Federal land administered by the Bureau of 

7 Reclamation, or Federal land administered by 

8 the Bureau of Land Management; 

9 (C) provide any recommendations to facili10 tate and streamline access and recreation by 

11 youth groups; and 

12 (D) consider any implications regarding 

13 the health and safety of participants and liabil14 ity exposure of the Secretaries and the youth 

15 groups. 

16 (d) VOLUNTARY RETURN OF SURPLUS SERVICE

17 DAYS.— 

18 (1) IN GENERAL.—The Secretary concerned 

19 shall establish a program to allow a permittee issued 

20 a special recreation permit for a public land unit to 

21 voluntarily and temporarily return to the Secretary 

22 concerned 1 or more service days, to be made avail23 able to any other existing or potential permittee. 

24 (2) EFFECT.—The return of surplus service 

25 days shall not affect future-year special recreation 


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1 permits or the number of service days available to 

2 the permittee in future years. 

3 SEC. 102. PLANNING AND MANAGING FOR RECREATION. 

4 (a) POLICY.— 

5 (1) IN GENERAL.—It is the policy of the Fed6 eral Government to foster and encourage recreation 

7 on Federal land, consistent with— 

8 (A) the multiple-use mission of the applica9 ble Federal land management agency; and 

10 (B) the laws applicable to specific areas of 

11 Federal land. 

12 (2) ADMINISTRATION.—The Secretary con13 cerned shall carry out the policy described in para14 graph (1) in administering programs and activities 

15 authorized by law. 

16 (b) DEFINITION OF LAND MANAGEMENT PLAN.—In 

17 this section, the term ‘‘land management plan’’ means— 

18 (1) a land use plan prepared by the Secretary 

19 pursuant to section 202 of the Federal Land Policy 

20 and Management Act of 1976 (43 U.S.C. 1712); 

21 and 

22 (2) a land management plan prepared by the 

23 Forest Service for a unit of the National Forest 

24 Service pursuant to section 6 of the Forest and 


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1 Rangeland Renewable Resources Planning Act of 

2 1974 (16 U.S.C. 1604). 

3 (c) INVENTORY AND ASSESSMENT.— 

4 (1) IN GENERAL.—In developing or revising a 

5 land management plan, the Secretary concerned 

6 shall conduct, using public outreach, an inventory 

7 and assessment of recreation resources for the Fed8 eral land subject to the land management plan. 

9 (2) UNIQUE RECREATION VALUES.—An inven10 tory and assessment conducted under paragraph (1) 

11 shall recognize— 

12 (A) any unique recreation values and uses 

13 of each landscape that make a landscape, or a 

14 portion of a landscape, desirable for a par15 ticular type of recreation opportunity; and 

16 (B) points of concentrated use by 

17 recreationists. 

18 (3) INVENTORY.—The inventory under para19 graph (1) shall identify and list recreation resources 

20 by— 

21 (A) type of recreation and type of natural 

22 or manmade recreation infrastructure; 

23 (B) to the extent available, the level and 

24 demographics of use of the recreation resource 

25 as of the date of the inventory; and 


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1 (C) any trend relating to recreation oppor2 tunities or use. 

3 (4) ASSESSMENT.—For any recreation resource 

4 inventoried under paragraph (1), the Secretary con5 cerned shall assess— 

6 (A) the level of demand for the recreation 

7 resource; 

8 (B) the maintenance needs of, and ex9 penses necessary to administer, the recreation 

10 resource; 

11 (C) the benefits of current and projected 

12 future recreation use, including to the local 

13 economy; 

14 (D) the impacts of current and projected 

15 future recreation use on— 

16 (i) natural, cultural, and other re17 sources; and 

18 (ii) other authorized uses and activi19 ties on the Federal land subject to the land 

20 management plan; and 

21 (E) the suitability for developing, expand22 ing, or enhancing the recreation resource. 

23 (d) FUTURE RECREATION NEEDS AND MANAGE24 MENT.— 


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1 (1) FUTURE NEEDS.—Based on the inventory 

2 and assessment under subsection (c)(1), the Sec3 retary concerned shall— 

4 (A) consider future recreation needs; 

5 (B) identify underutilized locations that 

6 are suitable for developing, expanding, or en7 hancing recreation use; and 

8 (C) select additional high-value recreation 

9 resources at which to encourage recreation use. 

10 (2) SAVINGS CLAUSE.—The Secretary con11 cerned shall manage any high-value recreation re12 source identified under paragraph (1)(C) in a man13 ner that— 

14 (A) is consistent with applicable law; 

15 (B) recognizes other uses and activities in 

16 the area of the high-value recreation resource; 

17 (C) seeks input from the public, including 

18 adjacent landowners and individuals or entities 

19 with existing permits and leases; and 

20 (D) protects and enhances the recreation 

21 values of the high-value recreation resource. 

22 (3) FORECASTS.—In developing or revising a 

23 land management plan, the Secretary concerned 

24 shall predict the manner in which the following 


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1 would change under the desired future conditions 

2 identified in the applicable land management plan: 

3 (A) The number of visitors to the respec4 tive unit of Federal land. 

5 (B) The maintenance needs of, and the ex6 penses necessary to administer, the recreation 

7 resources on the respective unit of Federal land. 

8 (C) The benefits of recreation use, includ9 ing to the local economy. 

10 (D) The impacts of recreation use on— 

11 (i) natural, cultural, or other re12 sources; and 

13 (ii) other authorized uses and activi14 ties on the Federal land subject to the land 

15 management plan. 

16 SEC. 103. FOREST SERVICE CLIMBING GUIDANCE. 

17 (a) FINDINGS.—Congress finds that— 

18 (1) recreational climbing in wilderness areas on 

19 National Forest System land is being managed in20 consistently; and 

21 (2) recreational climbing is a legitimate and ap22 propriate use of wilderness areas on National Forest 

23 System land if the recreational climbing is conducted 

24 and managed in accordance with— 


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1 (A) the Wilderness Act (16 U.S.C. 1131 et 

2 seq.); 

3 (B) other applicable laws (including regu4 lations); and 

5 (C) any reasonable terms and conditions 

6 that are determined to be necessary by the Sec7 retary of Agriculture. 

8 (b) CLIMBING GUIDANCE IN WILDERNESS.—Not 

9 later than 18 months after the date of enactment of this 

10 Act, the Secretary of Agriculture shall issue guidance on 

11 climbing management for National Forest System land, 

12 including the placement, maintenance, or removal of fixed 

13 anchors and the appropriate use of other equipment in 

14 designated wilderness areas on National Forest System 

15 land under the Wilderness Act (16 U.S.C. 1131 et seq.). 

16 (c) PUBLIC NOTICE AND COMMENT.—Prior to taking 

17 any significant management action affecting recreational 

18 climbing on National Forest System land, the Secretary 

19 of Agriculture shall provide the public with notice and an 

20 opportunity to comment on the proposed action. 

21 SEC. 104. TARGET SHOOTING RANGES. 

22 (a) DEFINITION OF DESIGNATED SHOOTING

23 RANGE.—In this section, the term ‘‘designated shooting 

24 range’’ means a developed and managed area on Federal 

25 land that is designed and operated specifically for the purVerDate Sep 11 2014 00:34 Sep 22, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S3266.RS S3266

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1 poseful discharge of legal firearms, firearms training, 

2 archery, or other associated activities. 

3 (b) IDENTIFICATION OF DESIGNATED SHOOTING

4 RANGE.— 

5 (1) IN GENERAL.—The Secretaries shall iden6 tify a suitable location for, and construct, designated 

7 shooting ranges on National Forest System land and 

8 public land administered by the Bureau of Land 

9 Management for the public to use for recreational 

10 target shooting. 

11 (2) MINIMUM NUMBER OF RANGES.—To the 

12 maximum extent practicable— 

13 (A) the Secretary of Agriculture shall en14 sure that each National Forest has not fewer 

15 than 1 designated shooting range; and 

16 (B) the Secretary shall ensure each Bu17 reau of Land Management district has not 

18 fewer than 1 designated shooting range. 

19 (3) REQUIREMENTS.—A designated shooting 

20 range under paragraph (1)— 

21 (A)(i) shall be able to accommodate rifles, 

22 pistols, and shotguns; and 

23 (ii) may accommodate archery; 

24 (B) shall include— 


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1 (i) significantly modified landscapes, 

2 including berms, buffer distances, or other 

3 public safety designs or features; 

4 (ii) a designated firing line; and 

5 (iii) benches; and 

6 (C) may include— 

7 (i) shade structures; 

8 (ii) trash containers; 

9 (iii) restrooms; and 

10 (iv) any other features that the Sec11 retary concerned determines to be nec12 essary. 

13 (c) REQUIREMENTS.— 

14 (1) EXISTING USE.—The Secretaries, in co15 operation with the entities described in subsection 

16 (d), shall— 

17 (A) consider the proximity of areas fre18 quently used by recreational shooters when 

19 identifying a suitable location for a designated 

20 shooting range; and 

21 (B) ensure a designated shooting range 

22 would not impact a non-Federal target shooting 

23 range, including a target shooting range located 

24 on private land. 


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1 (2) CLOSURES.—Except in emergency situa2 tions, the Secretary concerned shall seek to ensure 

3 that a designated shooting range, or an equivalent 

4 shooting range adjacent to a National Forest or Bu5 reau of Land Management district, is available to 

6 the public prior to closing Federal land to rec7 reational shooting. 

8 (d) COOPERATION.—In carrying out this section, the 

9 Secretaries shall cooperate, as applicable, with— 

10 (1) local and Tribal governments; 

11 (2) nonprofit organizations; 

12 (3) State fish and wildlife agencies; 

13 (4) shooting clubs; 

14 (5) Federal advisory councils relating to hunt15 ing and shooting sports; 

16 (6) nongovernmental organizations that, as of 

17 the date of enactment of this Act, are signatories to 

18 the memorandum of understanding entitled ‘‘Federal 

19 Lands Hunting, Fishing, and Shooting Sports 

20 Roundtable Memorandum of Understanding’’ and 

21 signed by the Forest Service and the Bureau of 

22 Land Management on August 17, 2006; 

23 (7) individuals or entities with authorized leases 

24 or permits in an area under consideration for a des25 ignated shooting range; and 


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1 (8) the public. 

2 (e) RESTRICTIONS.— 

3 (1) IN GENERAL.—The management of a des4 ignated shooting range shall be subject to such con5 ditions as the Secretary concerned determines are 

6 necessary for the safe, responsible use of— 

7 (A) the designated shooting range; and 

8 (B) the adjacent resources. 

9 (2) FEES.—The Secretary concerned may not 

10 require a user to pay a fee to use a designated 

11 shooting range established under this section. 

12 (f) ANNUAL REPORTS.—Not later than 1 year after 

13 the date of enactment of this Act and annually thereafter, 

14 the Secretaries shall submit to the Committee on Energy 

15 and Natural Resources of the Senate and the Committee 

16 on Natural Resources of the House of Representatives a 

17 report describing the progress made with respect to the 

18 implementation of this section. 

19 TITLE II—IMPROVING 

20 RECREATION OPPORTUNITIES 

21 SEC. 201. BROADBAND INTERNET CONNECTIVITY AT 

22 RECREATION SITES. 

23 (a) IN GENERAL.—The Secretary and the Chief of 

24 the Forest Service shall enter into an agreement with the 

25 Administrator of the Rural Utilities Service to install or 


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1 construct broadband internet infrastructure at recreation 

2 sites on Federal land to establish broadband internet 

3 connectivity— 

4 (1) subject to the availability of appropriations; 

5 and 

6 (2) consistent with applicable law. 

7 (b) IDENTIFICATION.—Not later than 1 year after 

8 the date of enactment of this Act, and annually thereafter, 

9 the Secretary and the Chief of the Forest Service, in co10 ordination with States, shall make publically available— 

11 (1) a list of the highest priority recreation sites 

12 on Federal land that lack broadband internet; and 

13 (2) an estimate of the cost to equip each of 

14 those sites with broadband internet infrastructure. 

15 (c) PRIORITIES.—In selecting recreation sites for the 

16 list described in subsection (b)(1), the Secretary and the 

17 Chief of the Forest Service shall give priority to recreation 

18 sites— 

19 (1) at which broadband internet infrastructure 

20 has not been constructed by traditional utilities due 

21 to— 

22 (A) geographic challenges; or 

23 (B) the location having an insufficient 

24 number of permanent residents, despite high 

25 seasonal or daily visitation levels; or 


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1 (2) that are located in an economically dis2 tressed county that could benefit significantly from 

3 developing the outdoor recreation economy of the 

4 county. 

5 SEC. 202. FEDERAL LAND AND AQUATIC RESOURCE ACTIVI6 TIES ASSISTANCE. 

7 (a) DEFINITIONS.—In this section: 

8 (1) AQUATIC NUISANCE SPECIES TASK

9 FORCE.—The term ‘‘Aquatic Nuisance Species Task 

10 Force’’ means the Aquatic Nuisance Species Task 

11 Force established by section 1201(a) of the Non12 indigenous Aquatic Nuisance Prevention and Control 

13 Act of 1990 (16 U.S.C. 4721(a)). 

14 (2) FEDERAL LAND AND WATER.—The term 

15 ‘‘Federal land and water’’ means Federal land and 

16 water operated and maintained by the Bureau of 

17 Land Management or the National Park Service, as 

18 applicable. 

19 (3) INSPECTION.—The term ‘‘inspection’’ 

20 means an inspection to prevent and respond to bio21 logical invasions of an aquatic ecosystem. 

22 (4) PARTNER.—The term ‘‘partner’’ means— 

23 (A) a Reclamation State; 

24 (B) an Indian Tribe in a Reclamation 

25 State; 


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1 (C) an applicable nonprofit organization in 

2 a Reclamation State; or 

3 (D) a unit of local government in a Rec4 lamation State. 

5 (5) RECLAMATION STATE.— 

6 (A) IN GENERAL.—The term ‘‘Reclamation 

7 State’’ means any State in which a Bureau of 

8 Reclamation reservoir is located. 

9 (B) INCLUSIONS.—The term ‘‘Reclamation 

10 State’’ includes any of the States of— 

11 (i) Alaska; 

12 (ii) Arizona; 

13 (iii) California; 

14 (iv) Colorado; 

15 (v) Idaho; 

16 (vi) Kansas; 

17 (vii) Montana; 

18 (viii) Nebraska; 

19 (ix) Nevada; 

20 (x) New Mexico; 

21 (xi) North Dakota; 

22 (xii) Oklahoma; 

23 (xiii) Oregon; 

24 (xiv) South Dakota; 

25 (xv) Texas; 


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1 (xvi) Utah; 

2 (xvii) Washington; and 

3 (xviii) Wyoming. 

4 (b) AUTHORITY OF BUREAU OF LAND MANAGEMENT

5 AND NATIONAL PARK SERVICE WITH RESPECT TO CER6 TAIN AQUATIC RESOURCE ACTIVITIES ON FEDERAL LAND

7 AND WATER.— 

8 (1) IN GENERAL.—The Secretary may inspect 

9 and decontaminate watercraft entering and leaving 

10 Federal land and water located within a river basin 

11 that contains a Bureau of Reclamation water 

12 project. 

13 (2) REQUIREMENTS.—The Secretary, acting 

14 through the Director of the Bureau of Land Man15 agement and the Director of the National Park 

16 Service, shall— 

17 (A) in carrying out an inspection under 

18 paragraph (1), coordinate with 1 or more part19 ners; 

20 (B) consult with the Aquatic Nuisance 

21 Species Task Force to identify potential im22 provements in the detection and management of 

23 invasive species on Federal land and water; and 

24 (C) to the maximum extent practicable, in25 spect watercraft in a manner that minimizes 


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1 disruptions to public access for boating and 

2 recreation in noncontaminated watercraft. 

3 (3) PARTNERSHIPS.—The Secretary, acting 

4 through the Director of the Bureau of Land Man5 agement and the Director of the National Park 

6 Service, may enter into a partnership to provide 

7 technical assistance to a partner— 

8 (A) to carry out an inspection or decon9 tamination of watercraft; or 

10 (B) to establish an inspection and decon11 tamination station for watercraft. 

12 (c) GRANT PROGRAM FOR RECLAMATION STATES

13 FOR WATERCRAFT INSPECTION AND DECONTAMINATION

14 STATIONS.— 

15 (1) WATERCRAFT INSPECTION IN RECLAMATION

16 STATES.—Subject to the availability of appropria17 tions, the Secretary, acting through the Commis18 sioner of Reclamation, shall establish a competitive 

19 grant program to provide grants to partners to con20 duct inspections and decontamination of watercraft 

21 in reservoirs operated and maintained by the Sec22 retary, including to purchase, establish, operate, or 

23 maintain a watercraft inspection and decontamina24 tion station. 


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1 (2) COST SHARE.—The Federal share of the 

2 cost of a grant under paragraph (1), including per3 sonnel costs, shall not exceed 75 percent. 

4 (3) STANDARDS.—Before awarding a grant 

5 under paragraph (1), the Secretary shall determine 

6 that the project is technically and financially fea7 sible. 

8 (4) COORDINATION.—In carrying out this sub9 section, the Secretary shall coordinate with— 

10 (A) each of the Reclamation States; 

11 (B) affected Indian Tribes; and 

12 (C) the Aquatic Nuisance Species Task 

13 Force. 

14 SEC. 203. IMPROVED RECREATION VISITATION DATA. 

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

16 single visitation data management and modeling system 

17 for public recreation to provide accurate, real-time visita18 tion data, at a site-specific level and in a consistent man19 ner, with respect to Federal land managed by each of— 

20 (1) the Chief of the Forest Service; 

21 (2) the Director of the Bureau of Land Man22 agement; 

23 (3) the Director of the Bureau of Indian Af24 fairs, in coordination with Indian Tribes; 

25 (4) the Director of the National Park Service; 


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1 (5) the Director of the United States Fish and 

2 Wildlife Service; and 

3 (6) the Commissioner of Reclamation. 

4 (b) THIRD-PARTY PROVIDERS AND PARTNERS.—For 

5 purposes of carrying out this section, the Secretary con6 cerned shall coordinate or contract with private sector 

7 partners, including— 

8 (1) technology companies; 

9 (2) mapping companies; 

10 (3) experts in data science, analytics, and oper11 ations research; or 

12 (4) data companies. 

13 (c) INTERFACE.—The Secretaries shall coordinate 

14 with trade associations, State outdoor recreation offices, 

15 offices of tourism, and local outdoor recreation marketing 

16 organizations to design and deploy, for purposes of mak17 ing data available under subsection (a), the optimum user 

18 interface that balances ease of use by the public with the 

19 available resources of the Secretaries. 

20 (d) SMART PHONE TECHNOLOGY.—The Secretaries 

21 and any partner described in subsection (b) may make use 

22 of smart phone technology for purposes of making data 

23 available under subsection (a). 

24 (e) PRIVACY CLAUSE.—Nothing in this section pro25 vides authority to the Secretaries— 


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1 (1) to monitor or record the movements of a 

2 visitor to Federal land; 

3 (2) to restrict, interfere with, or monitor a pri4 vate communication of a visitor to Federal land; 

5 (3) to take possession of any documents, data, 

6 or other personal effects of a visitor to Federal land; 

7 or 

8 (4) to collect— 

9 (A) information from owners of land adja10 cent to Federal land; or 

11 (B) information on non-Federal land. 

12 (f) CATEGORIES OF USE.—To the maximum extent 

13 practicable, the Secretaries shall categorize the data col14 lected under subsection (a) by recreational activity. 

15 (g) LIMITATION.—Information or data collected 

16 under this section shall be limited only to actual recreation 

17 visitation information for recreation sites managed by the 

18 Secretary concerned. 

19 (h) REPORT.—Not later than January 1, 2024, and 

20 annually thereafter, the Secretaries shall publish on a 

21 website of the Secretaries a report that describes the an22 nual visitation of each unit of Federal land, including, to 

23 the maximum extent practicable, visitation categorized by 

24 recreational activity. 


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1 SEC. 204. TRAVEL MANAGEMENT. 

2 (a) IN GENERAL.—The Secretaries shall— 

3 (1) prioritize finalizing travel management 

4 planning activities of the Bureau of Land Manage5 ment and the Forest Service, as applicable, including 

6 evaluating and designating as open, limited, or 

7 closed applicable Federal land areas or routes, 

8 roads, trails, or staging areas on applicable Federal 

9 land for nonmotorized or motorized use, including 

10 for over-snow vehicles; and 

11 (2) not later than 5 years after the date of en12 actment of this Act, develop a ground transportation 

13 linear feature or motor vehicle use map and over14 snow vehicle use map for each district administered 

15 by the Bureau of Land Management and each unit 

16 of the National Forest System, in a printed and 

17 publically available format that is compliant with the 

18 format for geographic information systems. 

19 (b) PROCEDURES.—For purposes of meeting the re20 quirements of subsection (a), the Secretary concerned— 

21 (1) may use an existing evaluation or designa22 tion; 

23 (2) may evaluate and alter an existing designa24 tion for applicable Federal land areas or routes, 

25 roads, trails, or staging areas on applicable Federal 


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1 land in accordance with applicable laws (including 

2 regulations); 

3 (3) shall consider— 

4 (A) the protection of the resources of the 

5 Federal land; 

6 (B) the promotion of the safety of the 

7 users of the Federal land; 

8 (C) the minimization of conflicts among 

9 various uses of the Federal land; and 

10 (D) other designation criteria or route op11 tions developed by the Secretaries at the local 

12 level, such as seasonal restrictions, temporary 

13 or seasonal access, minimization of impacts to 

14 wildlife, and other appropriate criteria or op15 tions; 

16 (4) shall increase— 

17 (A) multiple-use recreation opportunities; 

18 and 

19 (B) opportunities for nonmotorized and 

20 motorized access and experiences on Federal 

21 land; 

22 (5) shall coordinate with States, local govern23 ments, Indian Tribes, other stakeholders, adjoining 

24 landowners, businesses that use the features on Fed25 eral land, and the public; and 


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1 (6) shall update any travel management plan 

2 that was finalized before the date that is 15 years 

3 before the date of enactment of this Act. 

4 (c) RULEMAKING.—The Secretaries may revise exist5 ing regulations to implement this section. 

6 (d) EFFECT.—Nothing in this section limits or re7 stricts— 

8 (1) emergency access use or the administrative 

9 use of the Federal land by the Secretary concerned 

10 by motorized or nonmotorized means, including any 

11 use or activity necessary to carry out terms and con12 ditions associated with an authorized permit, lease, 

13 or contract with respect to the Federal land; or 

14 (2) any other motorized or nonmotorized use or 

15 activity on the Federal land that is authorized on 

16 the applicable Federal land, as determined by the 

17 Secretary concerned. 

18 (e) REPORT.—Not later than 3 years after the date 

19 of enactment of this Act, the Secretaries shall submit to 

20 the Committee on Energy and Natural Resources of the 

21 Senate and the Committee on Natural Resources of the 

22 House of Representatives a report that describes the 

23 progress of the Secretaries in carrying out this section. 


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1 TITLE III—INVESTING IN RECRE2 ATION INFRASTRUCTURE 

3 AND RURAL COMMUNITIES 

4 SEC. 301. GATEWAY COMMUNITIES. 

5 (a) IN GENERAL.—The Secretary of Agriculture (act6 ing through the Administrator of the Rural Business-Co7 operative Service), in coordination with the Secretary and 

8 the Secretary of Commerce, shall provide to businesses in 

9 rural communities that are adjacent to recreation destina10 tions (including recreation destinations on Federal land) 

11 the assistance described in subsection (b) to establish, op12 erate, or expand infrastructure to accommodate and man13 age sustainable visitation, including hotels, campgrounds, 

14 and restaurants. 

15 (b) ASSISTANCE.—The Secretary of Agriculture may 

16 provide assistance under subsection (a) through the use 

17 of existing, or the establishment of new, entrepreneur and 

18 vocational training programs, technical assistance pro19 grams, low-interest business loan programs, and loan 

20 guarantee programs. 

21 SEC. 302. FOREST SERVICE CONSERVATION FINANCE PART22 NERSHIPS. 

23 (a) FINDINGS.—Congress finds that— 


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1 (1) innovative funding models are an appro2 priate way to develop and maintain recreation infra3 structure on Federal land; and 

4 (2) in carrying out this section, the Secretary of 

5 Agriculture should build on the successes of the Bai6 leys Mountain Bike Trail System project on the 

7 Wayne National Forest, which was designed specifi8 cally to make Athens County, Ohio, a more popular 

9 recreation destination. 

10 (b) DEFINITIONS.—In this section: 

11 (1) CONSERVATION PARTNER.—The term ‘‘con12 servation partner’’ means— 

13 (A) a private nonprofit, for-profit, or chari14 table entity or other person; or 

15 (B) a unit of State, local, or Tribal govern16 ment. 

17 (2) INDEPENDENT EVALUATOR.—The term 

18 ‘‘independent evaluator’’ means an individual or en19 tity, including an institution of higher education, 

20 that is selected by the Secretary of Agriculture, in 

21 consultation with a conservation partner, to make 

22 the determinations and prepare the reports required 

23 under subsection (f). 

24 (3) PROJECT.—The term ‘‘project’’ means 1 or 

25 more activities conducted on National Forest System 


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1 land, or on other land if the activities would benefit 

2 National Forest System land, to enhance a rec3 reational opportunity for which the Secretary of Ag4 riculture has approved a record of decision, decision 

5 notice, or decision memo. 

6 (4) PROJECT AGREEMENT.—The term ‘‘project 

7 agreement’’ means a cooperative agreement, a mu8 tual benefit agreement, or a contract, as appro9 priate, executed by the Secretary of Agriculture and 

10 a project broker or a conservation partner in accord11 ance with applicable law. 

12 (5) PROJECT BROKER.—The term ‘‘project 

13 broker’’ means a nonprofit or for-profit intermediary 

14 that assists in establishing or implementing a project 

15 agreement. 

16 (c) ESTABLISHMENT OF PILOT PROGRAM.—The Sec17 retary of Agriculture shall establish a pilot program in ac18 cordance with this section to carry out 1 or more projects 

19 that are financed by conservation partners. 

20 (d) PROJECT AGREEMENTS.— 

21 (1) IN GENERAL.—Notwithstanding the Act of 

22 June 30, 1914 (commonly known as the ‘‘Coopera23 tive Funds Act’’) (16 U.S.C. 498), or subtitle C of 

24 title XX of the Social Security Act (42 U.S.C. 

25 1397n et seq.), in carrying out the pilot program 


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1 under this section, the Secretary of Agriculture may 

2 enter into a project agreement with a conservation 

3 partner or a project broker under which the con4 servation partner or project broker agrees to pay for 

5 all or part of a project. 

6 (2) TERM.—The term of a project agreement 

7 shall be not longer than 20 years. 

8 (3) SIZE LIMITATION.—The Secretary of Agri9 culture may not enter into a project agreement 

10 under the pilot program under this section for a 

11 project valued at more than $10,000,000. 

12 (4) STRUCTURE OF AGREEMENTS.—Notwith13 standing any other provision of law, funds may be 

14 exchanged between non-Federal parties under a 

15 project agreement, if— 

16 (A) the project agreement uses an innova17 tive funding model, such as pay-for-perform18 ance, or pay-for-success, under which payments 

19 are paid when specified recreation-related out20 comes are met; and 

21 (B) an independent evaluator determines 

22 pursuant to subsection (f) that the outcome 

23 specified in the project agreement has been 

24 met. 


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1 (5) MAINTENANCE AND DECOMMISSIONING.—A 

2 project agreement shall— 

3 (A) include a plan for maintaining any 

4 capital improvement made as part of a project 

5 after the date on which the project is com6 pleted; and 

7 (B) specify the party that will be respon8 sible for decommissioning the improvements as9 sociated with the project— 

10 (i) at the end of the useful life of the 

11 improvements; or 

12 (ii) if the project fails. 

13 (6) ELIGIBLE PAYMENTS.—Under a project 

14 agreement, a conservation partner, a project broker, 

15 or the Secretary of Agriculture shall agree to pay to 

16 the other party to the project agreement any of the 

17 following: 

18 (A) A percentage of the estimated value of 

19 the outcomes achieved by the applicable project. 

20 (B) A percentage of the estimated cost 

21 savings to the conservation partner or the Sec22 retary of Agriculture as a result of the project. 

23 (C) A percentage of the enhanced revenue 

24 to the conservation partner or the Secretary of 

25 Agriculture as a result of the project. 


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1 (D) The cost of the project. 

2 (7) COST-SHARE.—Subject to the availability of 

3 appropriations, the Secretary of Agriculture may 

4 only contribute funding for a project if— 

5 (A) the Secretary of Agriculture dem6 onstrates the project will provide a cost savings 

7 to the United States; and 

8 (B) the contribution of the Secretary of 

9 Agriculture is in an amount equal to less than 

10 50 percent of the total cost of the project. 

11 (8) CONSULTANTS.—Subject to the availability 

12 of appropriations, the Secretary of Agriculture may 

13 hire a contractor— 

14 (A) to conduct a feasibility analysis of a 

15 proposed project; or 

16 (B) to assist in the formation or evaluation 

17 of a proposed project. 

18 (e) PROJECTS.— 

19 (1) IN GENERAL.—All or any portion of a 

20 project may be implemented by— 

21 (A) the Secretary of Agriculture; or 

22 (B) a conservation partner or third party, 

23 subject to the conditions that— 


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1 (i) the Secretary of Agriculture shall 

2 approve the implementation by the con3 servation partner or third party; and 

4 (ii) the implementation shall be in ac5 cordance with applicable law. 

6 (2) RELATION TO LAND AND RESOURCE MAN7 AGEMENT PLANS.—A project carried out under this 

8 section shall be consistent with any applicable land 

9 and resource management plan developed under sec10 tion 6 of the Forest and Rangeland Renewable Re11 sources Planning Act of 1974 (16 U.S.C. 1604). 

12 (3) OWNERSHIP.— 

13 (A) IN GENERAL.—Each project shall be 

14 vested to the United States. 

15 (B) TREATMENT.—The carrying out of 

16 any action for a project does not provide any 

17 right to any party to a project agreement. 

18 (4) POTENTIAL CONFLICTS.—Before approving 

19 a project under this section, the Secretary of Agri20 culture shall consider and seek to avoid potential 

21 conflicts (including economic competition) with an 

22 existing authorization. 

23 (f) INDEPENDENT EVALUATIONS.— 

24 (1) PROGRESS REPORTS.—An independent eval25 uator shall submit to the Secretary of Agriculture 


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1 and each party to the relevant project agreement a 

2 written report— 

3 (A) by not later than 2 years after the 

4 date on which a project agreement is executed, 

5 and not less frequently than once every 2 years 

6 thereafter, summarizing the progress that has 

7 been made in achieving each outcome specified 

8 in the project agreement; and 

9 (B) before the first scheduled outcome pay10 ment date, and each subsequent payment date, 

11 summarizing the results of the evaluation con12 ducted to determine whether an outcome pay13 ment should be made, together with information 

14 relating to the factors contributing to the con15 servation partner achieving, or failing to 

16 achieve, an outcome. 

17 (2) FINAL REPORT.—Not later than 180 days 

18 after the date on which a project is completed, the 

19 applicable independent evaluator shall submit to the 

20 Secretary of Agriculture and each party to the rel21 evant project agreement a written report that in22 cludes— 

23 (A) an evaluation of the effects of the 

24 project with respect to each outcome specified 

25 in the project agreement; and 


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1 (B) a determination of whether the con2 servation partner has met each outcome speci3 fied in the project agreement. 

4 (g) TERMINATION OF PROJECT AGREEMENTS.—The 

5 Secretary of Agriculture may unilaterally terminate a 

6 project agreement, in whole or in part, for any program 

7 year beginning after the program year during which the 

8 Secretary of Agriculture provides to each party to the 

9 project agreement a notice of the termination. 

10 (h) DURATION OF PILOT PROGRAM.— 

11 (1) SUNSET.—The authority to enter into 

12 project agreements under this section terminates on 

13 September 30, 2032. 

14 (2) SAVINGS CLAUSE.—Nothing in paragraph 

15 (1) affects any project agreement entered into by the 

16 Secretary of Agriculture pursuant to this section be17 fore the date described in that paragraph. 

18 SEC. 303. AVAILABILITY OF FEDERAL LAND INFRASTRUC19 TURE DURING SHOULDER SEASONS. 

20 (a) COORDINATION.—The Secretaries shall consult 

21 and coordinate with outdoor recreation-related businesses 

22 operating on or adjacent to Federal land, State offices of 

23 outdoor recreation, local destination marketing organiza24 tions, Indian Tribes, local governments, and institutions 

25 of higher education— 


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1 (1) to better understand trends with respect to 

2 visitors to the Federal land; 

3 (2) to coordinate with outdoor recreation mar4 keting campaigns; and 

5 (3) to better understand— 

6 (A) the effect of seasonal closures of areas 

7 of, or infrastructure on, Federal land on out8 door recreation opportunities, adjacent busi9 nesses, and local tax revenue; and 

10 (B) opportunities to extend the period of 

11 time during which areas of, or infrastructure 

12 on, Federal land are open to the public to in13 crease outdoor recreation opportunities and as14 sociated revenues for businesses and local gov15 ernments. 

16 (b) AVAILABILITY OF INFRASTRUCTURE.—The Sec17 retaries shall make efforts to make infrastructure avail18 able to accommodate increased visitation to the Federal 

19 land during shoulder seasons— 

20 (1) to extend the outdoor recreation season and 

21 the duration of income to gateway communities; and 

22 (2) to provide more opportunities to visit re23 sources on Federal land to reduce crowding during 

24 peak seasons. 

25 (c) AGREEMENTS.— 


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1 (1) IN GENERAL.—The Secretaries may enter 

2 into agreements with businesses, local governments, 

3 or other entities to share the cost of additional ex4 penses necessary to extend the period of time during 

5 which an area of, or infrastructure on, Federal land 

6 is made open to the public. 

7 (2) IN-KIND CONTRIBUTIONS.—The Secretaries 

8 may accept in-kind contributions of goods and serv9 ices provided by businesses, local governments, or 

10 other entities for purposes of paragraph (1). 

11 SEC. 304. PUBLIC-PRIVATE PARTNERSHIPS TO MODERNIZE 

12 CAMPGROUNDS ON FEDERAL LAND. 

13 (a) IN GENERAL.—The Secretaries shall establish a 

14 pilot program under which the Secretary concerned may 

15 enter into an agreement with a private entity providing 

16 for capital improvements (including the construction of 

17 structures and improvements), management, and mainte18 nance by the private entity of a campground, in existence 

19 on the date of enactment of this Act, on Federal land, 

20 subject to the requirements of this section. 

21 (b) MINIMUM NUMBER OF AGREEMENTS.—Not later 

22 than 3 years after the date of enactment of this Act, the 

23 Secretary concerned shall enter into at least 1 agreement 

24 under subsection (a) in— 


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1 (1) a unit of the National Forest System in 

2 each region of the National Forest System; and 

3 (2) Federal land administered by the Bureau of 

4 Land Management in not fewer than 5 States in 

5 which the Bureau of Land Management administers 

6 Federal land. 

7 (c) REQUIREMENTS.— 

8 (1) PLANS.—Before entering into an agreement 

9 under subsection (a), the private entity shall submit 

10 to the Secretary concerned a development plan 

11 that— 

12 (A) describes investments in the camp13 ground to be made by the private entity during 

14 the first 3 years of the agreement; 

15 (B) describes annual maintenance spend16 ing for each year of the agreement; and 

17 (C) includes any other terms and condi18 tions determined to be necessary by the Sec19 retary concerned. 

20 (2) AGREEMENTS.—An agreement entered into 

21 under subsection (a) shall— 

22 (A) be for a term of not more than 30 

23 years; 

24 (B) require that, not later than 3 years 

25 after the date on which the Secretary concerned 


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1 enters into an agreement the private entity ex2 pend, or place in an escrow account for expend3 iture, for the construction or improvement of 

4 structures and infrastructure relating to the op5 eration of, or access to, the applicable camp6 ground, not less than $2,000,000, or a specified 

7 percentage, as determined by the Secretary con8 cerned, of the anticipated receipts for the period 

9 of the agreement; 

10 (C) require the private entity to maintain 

11 the campground facility and any associated in12 frastructure designated by the Secretary con13 cerned in a manner acceptable to the Secretary 

14 concerned and the private entity; 

15 (D) include any terms and conditions that 

16 the Secretary concerned determines to be nec17 essary for a recreational special use permit 

18 issued under section 7 of the Act of April 24, 

19 1950 (commonly known as the ‘‘Granger-Thye 

20 Act’’) (64 Stat. 84, chapter 97; 16 U.S.C. 

21 580d), including the payment described in sub22 paragraph (E); 

23 (E) provide for payment to the Federal 

24 Government of a fee consistent with a special 

25 use permit under section 7 of the Act of April 


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1 24, 1950 (commonly known as the ‘‘Granger2 Thye Act’’) (64 Stat. 84, chapter 97; 16 U.S.C. 

3 580d), including a fee offset agreement for 

4 work to be performed that is separate from 

5 maintaining the campground facility and any 

6 associated infrastructure designated by the Sec7 retary concerned, if determined to be appro8 priate by the Secretary concerned, on consider9 ation of the probable value to the private entity 

10 of the rights provided by the agreement, taking 

11 into account the capital invested by, and obliga12 tions of, the private entity under the agreement; 

13 (F) include provisions that state— 

14 (i) the private entity shall obtain no 

15 property interest pursuant to the expendi16 tures of the private entity, as required by 

17 the agreement; and 

18 (ii) all structures and improvements 

19 constructed by the private entity under the 

20 agreement shall be the property of the 

21 United States; and 

22 (G) be subject to any other terms and con23 ditions determined to be necessary by the Sec24 retary concerned. 


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1 (d) FEE RETENTION.—A fee or revenue shared with 

2 the Secretary concerned under an agreement authorized 

3 by this section shall be available for expenditure by the 

4 Secretary concerned for recreation-related purposes on the 

5 unit of Federal land at which the fee or revenue is col6 lected, without further appropriation. 

7 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

9 ‘‘America’s Outdoor Recreation Act of 2022’’. 

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

11 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—OUTDOOR RECREATION AND INFRASTRUCTURE 

Subtitle A—Declaration of Policy 

Sec. 111. Congressional declaration of policy. 

Subtitle B—Public Recreation on Federal Recreational Lands and Waters 

Sec. 121. Biking on long-distance bike trails. 

Sec. 122. Forest Service climbing guidance. 

Sec. 123. Designated target shooting ranges. 

Subtitle C—Improving Recreation Infrastructure 

Sec. 131. Broadband internet connectivity at developed recreation sites. 

Sec. 132. Extension of seasonal recreation opportunities. 

Sec. 133. Gateway communities. 

Sec. 134. Parking opportunities for Federal recreational lands and waters. 

Sec. 135. Travel management. 

Sec. 136. Public-private partnerships to modernize federally-owned campgrounds, 

resorts, cabins, and visitor centers on Federal recreational lands 

and waters. 

Sec. 137. Forest Service pay-for-performance projects. 

Subtitle D—Engagement 

Sec. 141. Identifying opportunities for recreation. 

Sec. 142. Federal Interagency Council on Outdoor Recreation. 

Sec. 143. Informing the public of access closures. 

Sec. 144. Improved recreation visitation data. 


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Sec. 145. Monitoring for improved recreation decisionmaking. 

Sec. 146. Access for servicemembers and veterans. 

Sec. 147. Increasing youth recreation visits to Federal land. 

TITLE II—AMENDMENTS TO THE FEDERAL LANDS RECREATION 

ENHANCEMENT ACT 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Special recreation permits and fees. 

Sec. 204. Online collection of certain recreation fees. 

Sec. 205. Online purchases and establishment of a digital version of America the 

Beautiful—the National Parks and Federal Recreational Lands 

Passes. 

Sec. 206. Availability of Federal, State, and local recreation passes. 

Sec. 207. Use of special recreation permit fee revenue. 

Sec. 208. Permanent authorization. 

TITLE III—SPECIAL RECREATION PERMITS FOR OUTFITTING AND 

GUIDING 

Subtitle A—Administration of Special Recreation Permits for Outfitting and 

Guiding 

Sec. 311. Permit administration. 

Sec. 312. Forest Service and Bureau of Land Management transitional special 

recreation permits for outfitting and guiding. 

Sec. 313. Surrender of unused visitor-use days. 

Sec. 314. Permit reviews. 

Sec. 315. Adjustment of allocated visitor-use days. 

Subtitle B—Additional Provisions Relating to Special Recreation Permits 

Sec. 321. Permitting process improvements. 

Sec. 322. Service First Initiative and multijurisdictional trips. 

Sec. 323. Permit flexibility. 

Sec. 324. Liability. 

Sec. 325. Cost recovery reform. 

Sec. 326. Permit relief for picnic areas. 

Sec. 327. Interagency report on special recreation permits for underserved communities. 

Subtitle C—Effect 

Sec. 331. Effect. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Filming and still photography within the National Park System and 

on other Federal land. 

Sec. 402. Volunteer enhancement program. 

Sec. 403. Cape and antler preservation enhancement. 

Sec. 404. Federal land and water aquatic resource activities assistance. 

Sec. 405. Amendments to the Modernizing Access to Our Public Land Act. 

Sec. 406. Outdoor Recreation Legacy Partnership Program. 

Sec. 407. Recreation budget crosscut. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COMMERCIAL USE AUTHORIZATION.—The 

4 term ‘‘commercial use authorization’’ means a com5 mercial use authorization to provide services to visi6 tors to units of the National Park System under sub7 chapter II of chapter 1019 of title 54, United States 

8 Code. 

9 (2) FEDERAL LAND MANAGEMENT AGENCY.—The 

10 term ‘‘Federal land management agency’’ has the 

11 meaning given the term in section 802 of the Federal 

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

13 6801). 

14 (3) FEDERAL RECREATIONAL LANDS AND

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

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

17 802 of the Federal Lands Recreation Enhancement 

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

19 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

20 has the meaning given the term in section 4 of the In21 dian Self-Determination and Education Assistance 

22 Act (25 U.S.C. 5304). 

23 (5) RECREATION SERVICE PROVIDER.—The term 

24 ‘‘recreation service provider’’ has the meaning given 

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1 ation Enhancement Act (16 U.S.C. 6801) (as amend2 ed by section 202(9)). 

3 (6) SECRETARIES.—The term ‘‘Secretaries’’ 

4 means each of— 

5 (A) the Secretary; and 

6 (B) the Secretary of Agriculture. 

7 (7) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (8) SECRETARY CONCERNED.—The term ‘‘Sec10 retary concerned’’ means— 

11 (A) the Secretary, with respect to land 

12 under the jurisdiction of the Secretary; or 

13 (B) the Secretary of Agriculture, with re14 spect to land managed by the Forest Service. 

15 (9) SPECIAL RECREATION PERMIT.—The term 

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

17 term in section 802 of the Federal Lands Recreation 

18 Enhancement Act (16 U.S.C. 6801) (as amended by 

19 section 202(10)). 

20 (10) VISITOR-USE DAY.—The term ‘‘visitor-use 

21 day’’ means a visitor-use day, user day, launch, or 

22 other metric used by the Secretary concerned for pur23 poses of authorizing use under a special recreation 

24 permit. 


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1 TITLE I—OUTDOOR RECREATION 

2 AND INFRASTRUCTURE 

3 Subtitle A—Declaration of Policy 

4 SEC. 111. CONGRESSIONAL DECLARATION OF POLICY. 

5 Congress declares that it is the policy of the Federal 

6 Government to foster and encourage recreation on Federal 

7 recreational lands and waters, to the extent consistent with 

8 the laws applicable to specific areas of Federal recreational 

9 lands and waters, including multiple-use mandates and 

10 land management planning requirements. 

11 Subtitle B—Public Recreation on 

12 Federal Recreational Lands and 

13 Waters 

14 SEC. 121. BIKING ON LONG-DISTANCE BIKE TRAILS. 

15 (a) DEFINITION OF LONG-DISTANCE BIKE TRAIL.—In 

16 this section, the term ‘‘long-distance bike trail’’ means a 

17 continuous route, consisting of 1 or more trails or rights18 of-way, that— 

19 (1) is not less than a total of 80 miles in length 

20 on Federal recreational lands and waters; 

21 (2) to the maximum extent practicable, makes 

22 use of existing trails; 

23 (3) is composed generally of a consistent type of 

24 trail; 


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1 (4) may be used for mountain biking, 

2 bikepacking, road biking, bicycle touring, or gravel 

3 biking; and 

4 (5) may include short connections by way of a 

5 road or highway. 

6 (b) LONG-DISTANCE BIKE TRAILS ON FEDERAL REC7 REATIONAL LANDS AND WATERS.— 

8 (1) IDENTIFICATION OF LONG-DISTANCE BIKE

9 TRAILS.—Subject to paragraph (2), the Secretaries 

10 shall— 

11 (A) identify not fewer than 10 long-distance 

12 bike trails, consistent with management require13 ments for the Federal recreational lands and 

14 waters identified, that make use of trails and 

15 roads in existence on the date of enactment of 

16 this Act; and 

17 (B)(i) identify not fewer than 10 areas in 

18 which there is an opportunity to develop or com19 plete long-distance bike trails, consistent with the 

20 management requirements for the Federal rec21 reational lands and waters identified; 

22 (ii) coordinate with stakeholders on the fea23 sibility of, and identifying any resources nec24 essary for, completing the development of the 

25 trails identified under clause (i); and 


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1 (iii) incorporate existing applicable re2 search and planning decisions in carrying out 

3 this section. 

4 (2) CONFLICT AVOIDANCE WITH OTHER USES.— 

5 Before identifying a trail or road as a long-distance 

6 bike trail under paragraph (1), the Secretary con7 cerned shall ensure that the identification of the long8 distance bike trail would not conflict with an existing 

9 use of the trail or road, including horseback riding or 

10 use by pack and saddle stock. 

11 (3) MAPS, SIGNAGE, AND PROMOTIONAL MATE12 RIALS.—For any long-distance bike trail identified 

13 under paragraph (1), the Secretary concerned may 

14 publish and distribute maps, install signage, and 

15 issue promotional materials. 

16 (4) GEOGRAPHIC REPRESENTATION.—To the ex17 tent practicable, the Secretary concerned shall seek to 

18 identify long-distance bike trails and areas for the de19 velopment or completion of long-distance bike trails 

20 under paragraph (1) in a geographically equitable 

21 manner. 

22 (5) REPORT.—Not later than 2 years after the 

23 date of enactment of this Act, the Secretaries, in part24 nership with interested organizations, shall prepare 


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1 and publish a report that lists the long-distance bike 

2 trails identified under paragraph (1). 

3 SEC. 122. FOREST SERVICE CLIMBING GUIDANCE. 

4 (a) CLIMBING GUIDANCE IN WILDERNESS.— 

5 (1) IN GENERAL.—Not later than 18 months 

6 after the date of enactment of this Act, the Secretary 

7 of Agriculture shall issue guidance on climbing man8 agement in designated wilderness areas on National 

9 Forest System land that recognizes the appropriate10 ness of the allowable activities described in paragraph 

11 (2) in the designated wilderness areas, if the allowable 

12 activities are undertaken in accordance with— 

13 (A) the Wilderness Act (16 U.S.C. 1131 et 

14 seq.); 

15 (B) other applicable laws (including regula16 tions); and 

17 (C) any terms and conditions that are de18 termined to be necessary by the Secretary of Ag19 riculture. 

20 (2) ALLOWABLE ACTIVITIES.—The allowable ac21 tivities referred to in paragraph (1) are— 

22 (A) recreational climbing; 

23 (B) the placement, use, and maintenance of 

24 fixed anchors; and 


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1 (C) the use of other equipment necessary for 

2 recreational climbing. 

3 (b) PUBLIC NOTICE AND COMMENT.—Prior to taking 

4 any significant management action affecting the allowable 

5 activities described in subsection (a)(2) on National Forest 

6 System land, the Secretary of Agriculture shall provide the 

7 public with notice and an opportunity to comment on the 

8 proposed action. 

9 SEC. 123. DESIGNATED TARGET SHOOTING RANGES. 

10 (a) DEFINITION OF DESIGNATED TARGET SHOOTING

11 RANGE.—In this section, the term ‘‘designated target shoot12 ing range’’ means a developed and managed area that is 

13 designed and operated by the Forest Service or the Bureau 

14 of Land Management specifically for the purposeful dis15 charge of legal firearms, firearms training, archery, or other 

16 associated activities. 

17 (b) IDENTIFICATION OF DESIGNATED TARGET SHOOT18 ING RANGES.— 

19 (1) IN GENERAL.—The Secretaries shall identify 

20 a suitable location for, and construct, designated tar21 get shooting ranges on Federal recreational lands and 

22 waters administered by the Chief of the Forest Service 

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1 ment for the public to use for recreational target 

2 shooting. 

3 (2) MINIMUM NUMBER OF DESIGNATED TARGET

4 SHOOTING RANGES.—To the maximum extent prac5 ticable and where the Secretary concerned determines 

6 that the use is consistent with applicable law and the 

7 applicable land use plan— 

8 (A) the Secretary of Agriculture shall ensure 

9 that each National Forest has not fewer than 1 

10 designated target shooting range; and 

11 (B) the Secretary shall ensure each Bureau 

12 of Land Management district has not fewer than 

13 1 designated target shooting range. 

14 (3) REQUIREMENTS.—A designated target shoot15 ing range under paragraph (1)— 

16 (A)(i) shall be able to accommodate rifles, 

17 pistols, and shotguns; and 

18 (ii) may accommodate archery; 

19 (B) shall include— 

20 (i) significantly modified landscapes, 

21 including berms, buffer distances, or other 

22 public safety designs or features; 

23 (ii) a designated firing line; and 

24 (iii) benches; and 

25 (C) may include— 


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1 (i) shade structures; 

2 (ii) trash containers; 

3 (iii) restrooms; and 

4 (iv) any other features that the Sec5 retary concerned determines to be necessary. 

6 (c) REQUIREMENTS.— 

7 (1) EXISTING USE.—The Secretaries, in coopera8 tion with the entities described in subsection (d), 

9 shall— 

10 (A) consider the proximity of areas fre11 quently used by recreational shooters when iden12 tifying a suitable location for a designated target 

13 shooting range; and 

14 (B) ensure a designated target shooting 

15 range would not impact a target shooting range 

16 operated or maintained by a non-Federal entity, 

17 including a target shooting range located on pri18 vate land. 

19 (2) CLOSURES.—Except in emergency situations, 

20 the Secretary concerned shall seek to ensure that a 

21 designated target shooting range, or an equivalent 

22 shooting range adjacent to a National Forest or Bu23 reau of Land Management district, is available to the 

24 public prior to closing Federal recreational lands and 

25 waters administered by the Chief of the Forest Service 


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1 or the Director of the Bureau of Land Management 

2 to recreational shooting, in accordance with section 

3 4103 of the John D. Dingell, Jr. Conservation, Man4 agement, and Recreation Act (16 U.S.C. 7913). 

5 (d) CONSULTATIONS.— 

6 (1) IN GENERAL.—In carrying out this section, 

7 the Secretaries shall consult, as applicable, with— 

8 (A) local and Tribal governments; 

9 (B) nonprofit or nongovernmental organiza10 tions, including organizations that are signato11 ries to the memorandum of understanding enti12 tled ‘‘Federal Lands Hunting, Fishing, and 

13 Shooting Sports Roundtable Memorandum of 

14 Understanding’’ and signed by the Forest Service 

15 and the Bureau of Land Management on August 

16 17, 2006; 

17 (C) State fish and wildlife agencies; 

18 (D) shooting clubs; 

19 (E) Federal advisory councils relating to 

20 hunting and shooting sports; 

21 (F) individuals or entities with authorized 

22 leases or permits in an area under consideration 

23 for a designated target shooting range; 

24 (G) State and local offices of outdoor recre25 ation; and 


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1 (H) the public. 

2 (2) PARTNERSHIPS.—The Secretaries may— 

3 (A) coordinate with an entity described in 

4 paragraph (1) to assist with the construction, 

5 operation, and maintenance of a designated tar6 get shooting range; and 

7 (B) explore opportunities to leverage fund8 ing to maximize non-Federal investment in the 

9 construction, operation, and maintenance of a 

10 designated target shooting range. 

11 (3) RECREATION AND PUBLIC PURPOSES ACT.— 

12 The Secretary concerned may consider a designated 

13 target shooting range that is located on land trans14 ferred pursuant to the Act of June 14, 1926 (com15 monly known as the ‘‘Recreation and Public Purposes 

16 Act’’) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et 

17 seq.) as a designated target shooting range on Federal 

18 recreational lands and waters administered by the 

19 Chief of the Forest Service or the Director of the Bu20 reau of Land Management for the purposes of sub21 section (b)(2). 

22 (e) RESTRICTIONS.— 

23 (1) IN GENERAL.—The management of a des24 ignated target shooting range shall be subject to such 


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1 conditions as the Secretary concerned determines are 

2 necessary for the safe, responsible use of— 

3 (A) the designated target shooting range; 

4 and 

5 (B) the adjacent resources. 

6 (2) FEES.—The Secretary concerned may not re7 quire a user to pay a fee to use a designated target 

8 shooting range established under this section. 

9 (f) APPLICABILITY.— 

10 (1) IN GENERAL.—This section (including the re11 striction under subsection (e)(2)), shall only apply 

12 only to the minimum number of designated target 

13 shooting ranges at each National Forest or Bureau of 

14 Land Management district established under sub15 section (b)(2). 

16 (2) ADDITIONAL DESIGNATED TARGET SHOOTING

17 RANGES.—In the case of a National Forest or a Bu18 reau of Land Management district that has more 

19 than the minimum number of designated target shoot20 ing ranges required under subsection (b)(2), any des21 ignated target shooting range at the National Forest 

22 or Bureau of Land Management district, as applica23 ble, that exceeds the minimum number may, but is 

24 not required to, comply with this section. 


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1 (g) ANNUAL REPORTS.—Not later than 1 year after 

2 the date of enactment of this Act and annually thereafter 

3 through fiscal year 2032, the Secretaries shall submit to the 

4 Committee on Energy and Natural Resources of the Senate 

5 and the Committee on Natural Resources of the House of 

6 Representatives a report describing the progress made with 

7 respect to the implementation of this section. 

8 Subtitle C—Improving Recreation 

9 Infrastructure 

10 SEC. 131. BROADBAND INTERNET CONNECTIVITY AT DE11 VELOPED RECREATION SITES. 

12 (a) IN GENERAL.—The Secretary and the Chief of the 

13 Forest Service shall enter into an agreement with the Ad14 ministrator of the Rural Utilities Service to foster the in15 stallation or construction of broadband internet infrastruc16 ture at developed recreation sites on Federal recreational 

17 lands and waters to establish broadband internet 

18 connectivity— 

19 (1) subject to the availability of appropriations; 

20 and 

21 (2) in accordance with applicable law. 

22 (b) IDENTIFICATION.—Not later than 2 years after the 

23 date of enactment of this Act, and annually thereafter 

24 through fiscal year 2032, the Secretary and the Chief of the 


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1 Forest Service, in coordination with States and local com2 munities, shall make publicly available— 

3 (1) a list of the highest priority developed recre4 ation sites, as determined under subsection (c), on 

5 Federal recreational lands and waters that lack 

6 broadband internet; and 

7 (2) an estimate of the cost to equip each of those 

8 sites with broadband internet infrastructure. 

9 (c) PRIORITIES.—In selecting developed recreation 

10 sites for the list described in subsection (b)(1), the Secretary 

11 and the Chief of the Forest Service shall give priority to 

12 developed recreation sites— 

13 (1) at which broadband internet infrastructure 

14 has not been constructed due to— 

15 (A) geographic challenges; or 

16 (B) the location having an insufficient 

17 number of nearby permanent residents, despite 

18 high seasonal or daily visitation levels; or 

19 (2) that are located in an economically distressed 

20 county that could benefit significantly from devel21 oping the outdoor recreation economy of the county. 


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1 SEC. 132. EXTENSION OF SEASONAL RECREATION OPPOR2 TUNITIES. 

3 (a) DEFINITION OF SEASONAL CLOSURE.—In this sec4 tion, the term ‘‘seasonal closure’’ means any period during 

5 which— 

6 (1) a unit of Federal recreational lands and 

7 waters, or a portion of a unit of Federal recreational 

8 lands and waters, is closed to the public for a contin9 uous period of not less than 30 days; and 

10 (2) permitted or allowable recreational activities, 

11 which provide an economic benefit, including off-sea12 son or winter-season tourism, are not taking place 

13 at— 

14 (A) the unit of Federal recreational lands 

15 and waters; or 

16 (B) a portion of a unit of Federal rec17 reational lands and waters. 

18 (b) COORDINATION.—The Secretaries shall consult and 

19 coordinate with multiple outdoor recreation-related busi20 nesses operating on or adjacent to a unit of Federal rec21 reational lands and waters, State offices of outdoor recre22 ation, local destination marketing organizations, applicable 

23 trade organizations, nonprofit organizations, Indian 

24 Tribes, local governments, and institutions of higher edu25 cation— 


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1 (1) to better understand trends with respect to 

2 visitors to the unit of Federal recreational lands and 

3 waters; 

4 (2) to solicit input from, and provide informa5 tion for, outdoor recreation marketing campaigns; 

6 and 

7 (3) to better understand— 

8 (A) the effect of seasonal closures of areas of, 

9 or infrastructure on, units of Federal rec10 reational lands and waters on outdoor recreation 

11 opportunities, adjacent businesses, and local tax 

12 revenue; and 

13 (B) opportunities to extend the period of 

14 time during which areas of, or infrastructure on, 

15 units of Federal recreational lands and waters 

16 are open to the public to increase outdoor recre17 ation opportunities and associated revenues for 

18 businesses and local governments. 

19 (c) AVAILABILITY OF INFRASTRUCTURE.— 

20 (1) IN GENERAL.—The Secretaries shall make ef21 forts to make infrastructure available to accommodate 

22 increased visitation to units of Federal recreational 

23 lands and waters during periods that are at or before 

24 the beginning or at or after the end of traditional sea25 sonal closures— 


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1 (A) to extend the outdoor recreation season 

2 and the duration of income to gateway commu3 nities; and 

4 (B) to provide more opportunities to visit 

5 resources on units of Federal recreational lands 

6 and waters to reduce crowding during peak sea7 sons. 

8 (2) INCLUSIONS.—Efforts described in paragraph 

9 (1) may include— 

10 (A) the addition of a facility at the unit of 

11 Federal recreational lands and waters; or 

12 (B) the improvement of access to or on the 

13 unit of Federal recreational lands and waters. 

14 (d) AGREEMENTS.— 

15 (1) IN GENERAL.—The Secretaries may enter 

16 into agreements with businesses, local governments, or 

17 other entities to share the cost of additional expenses 

18 necessary to extend the period of time during which 

19 an area of, or infrastructure on, a unit of Federal 

20 recreational lands and waters is made open to the 

21 public. 

22 (2) IN-KIND CONTRIBUTIONS.—The Secretaries 

23 may accept in-kind contributions of goods and serv24 ices provided by businesses, local governments, or 

25 other entities for purposes of paragraph (1). 


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1 SEC. 133. GATEWAY COMMUNITIES. 

2 (a) DEFINITION OF GATEWAY COMMUNITY.—In this 

3 section, the term ‘‘gateway community’’ means a commu4 nity that serves as an entry point or is adjacent to a recre5 ation destination on Federal recreational lands and waters 

6 or non-Federal land at which there is consistently high, in 

7 the determination of the Secretaries, seasonal or year-round 

8 visitation. 

9 (b) ASSESSMENT OF IMPACTS AND NEEDS IN GATEWAY

10 COMMUNITIES.—Using existing funds available to the Sec11 retaries, the Secretaries— 

12 (1) shall collaborate with State and local govern13 ments, Indian Tribes, housing authorities, applicable 

14 trade associations, nonprofit organizations, and other 

15 relevant stakeholders to identify needs and economic 

16 impacts in gateway communities, including— 

17 (A) housing shortages; 

18 (B) demands on existing municipal infra19 structure; 

20 (C) accommodation and management of 

21 sustainable visitation; and 

22 (D) the expansion and diversification of vis23 itor experiences by bolstering the visitation at— 

24 (i) underutilized locations, as identi25 fied under section 141(c)(1)(B), on nearby 

26 Federal recreational lands and waters; or 


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1 (ii) lesser-known recreation sites, as 

2 identified under section 144(b)(1)(B), on 

3 nearby land managed by a State agency or 

4 a local agency; and 

5 (2) may address a need identified under para6 graph (1) by— 

7 (A) providing financial or technical assist8 ance to a gateway community under an existing 

9 program; 

10 (B) entering into a lease, right-of-way, or 

11 easement, in accordance with applicable laws; or 

12 (C) issuing an entity referred to in para13 graph (1) a special use permit (other than a spe14 cial recreation permit), in accordance with ap15 plicable laws. 

16 (c) TECHNICAL AND FINANCIAL ASSISTANCE TO BUSI17 NESSES.— 

18 (1) IN GENERAL.—The Secretary of Agriculture 

19 (acting through the Administrator of the Rural Busi20 ness-Cooperative Service), in coordination with the 

21 Secretary and the Secretary of Commerce, shall pro22 vide to businesses in gateway communities the assist23 ance described in paragraph (2) to establish, operate, 

24 or expand infrastructure to accommodate and manage 


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1 sustainable visitation, including hotels, campgrounds, 

2 and restaurants. 

3 (2) ASSISTANCE.—The Secretary of Agriculture 

4 may provide assistance under paragraph (1) through 

5 the use of existing, or the establishment of new, entre6 preneur and vocational training programs, technical 

7 assistance programs, low-interest business loan pro8 grams, and loan guarantee programs. 

9 (d) PARTNERSHIPS.—In carrying out this section, the 

10 Secretaries may, in accordance with applicable laws, enter 

11 into a public-private partnership, cooperative agreement, 

12 memorandum of understanding, or similar agreement with 

13 a gateway community or a business in a gateway commu14 nity. 

15 SEC. 134. PARKING OPPORTUNITIES FOR FEDERAL REC16 REATIONAL LANDS AND WATERS. 

17 (a) IN GENERAL.—The Secretaries shall seek to in18 crease parking opportunities for persons recreating on Fed19 eral recreational lands and waters— 

20 (1) in accordance with existing laws; and 

21 (2) in a manner that does not increase mainte22 nance obligations on Federal recreational lands and 

23 waters. 

24 (b) AUTHORITY.—To supplement the quantity of park25 ing spaces available at units of Federal recreational lands 


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1 and waters on the date of enactment of this Act, the Secre2 taries may— 

3 (1) enter into a public-private partnership for 

4 parking opportunities on non-Federal land; 

5 (2) lease non-Federal land for parking opportu6 nities; or 

7 (3) provide alternative transportation systems 

8 for a unit of Federal recreational lands and waters. 

9 SEC. 135. TRAVEL MANAGEMENT. 

10 (a) TRAVEL MANAGEMENT PLANS.—The Secretary 

11 concerned shall seek to have, not later than 5 years after 

12 the date of enactment of this Act, in a printed and publicly 

13 available format that is compliant with the format for geo14 graphic information systems— 

15 (1) for each district administered by the Director 

16 of the Bureau of Land Management, a ground trans17 portation linear feature; and 

18 (2) for each unit of the National Forest System, 

19 a motor vehicle use map. 

20 (b) OVER-SNOW VEHICLE-USE MAPS.—The Secretary 

21 concerned shall seek to have, not later than 10 years after 

22 the date of enactment of this Act, in a printed and publicly 

23 available format that is compliant with the format for geo24 graphic information systems, an over-snow vehicle use map 

25 for each unit of Federal recreational lands and waters adVerDate Sep 11 2014 00:34 Sep 22, 2022 Jkt 029200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 E:\BILLS\S3266.RS S3266

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1 ministered by the Chief of the Forest Service or Director 

2 of the Bureau of Land Management that has adequate 

3 snowfall for over-snow vehicle use to occur. 

4 (c) OUT-OF-DATE PLANS AND MAPS.—Not later than 

5 20 years after the date on which the Secretary concerned 

6 adopted or reviewed, through public notice and comment, 

7 a travel management plan or map described in subsection 

8 (a) or (b), the Secretary concerned shall review, through 

9 public notice and comment, and update, as necessary, the 

10 applicable travel management plan or map. 

11 (d) MOTORIZED AND NONMOTORIZED ACCESS.—The 

12 Secretaries shall seek to create additional opportunities, as 

13 appropriate, for motorized and nonmotorized access and ex14 periences on Federal recreational lands and waters admin15 istered by the Chief of the Forest Service or the Director 

16 of the Bureau of Land Management. 

17 SEC. 136. PUBLIC-PRIVATE PARTNERSHIPS TO MODERNIZE 

18 FEDERALLY-OWNED CAMPGROUNDS, RE19 SORTS, CABINS, AND VISITOR CENTERS ON 

20 FEDERAL RECREATIONAL LANDS AND 

21 WATERS. 

22 (a) IN GENERAL.—The Secretaries shall establish a 

23 pilot program under which the Secretary concerned may 

24 enter into an agreement with or issue a land use authoriza25 tion to a private entity that provides for the private entity 


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1 to make capital improvements (including the construction 

2 of structures and improvements) to, and to operate and 

3 maintain, a federally-owned campground, resort, cabin, or 

4 visitor center in existence on the date of enactment of this 

5 Act on Federal recreational lands and waters administered 

6 by the Chief of the Forest Service or Director of the Bureau 

7 of Land Management, subject to the requirements of this 

8 section, regardless of whether the private entity holds, on 

9 the date of enactment of this Act, an authorization to be 

10 a concessionaire for the relevant campground, resort, cabin, 

11 or visitor center. 

12 (b) MINIMUM NUMBER OF AGREEMENTS OR LAND USE

13 AUTHORIZATIONS.—Not later than 3 years after the date 

14 of enactment of this Act, the Secretary concerned, with the 

15 consent of an affected holder of an authorization to be a 

16 concessionaire for the campground, resort, cabin, or visitor 

17 center, if applicable, shall enter into at least 1 agreement 

18 or land use authorization under subsection (a) in— 

19 (1) a unit of the National Forest System in each 

20 region of the National Forest System; and 

21 (2) Federal recreational lands and waters ad22 ministered by the Director of the Bureau of Land 

23 Management in not fewer than 5 States in which the 

24 Bureau of Land Management administers Federal 

25 recreational lands and waters. 


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1 (c) REQUIREMENTS.— 

2 (1) DEVELOPMENT PLANS.—Before entering into 

3 an agreement or issuing a land use authorization 

4 under subsection (a), the private entity shall submit 

5 to the Secretary concerned a development plan that— 

6 (A) describes investments in the camp7 ground, resort, cabin, or visitor center to be 

8 made by the private entity during the first 3 

9 years of the agreement or land use authorization; 

10 (B) describes annual maintenance spending 

11 for each year of the agreement or land use au12 thorization; and 

13 (C) includes any other terms and conditions 

14 determined to be necessary by the Secretary con15 cerned. 

16 (2) AGREEMENTS AND LAND USE AUTHORIZA17 TIONS.—An agreement entered into or land use au18 thorization issued under subsection (a) shall— 

19 (A) be for a term of not more than 30 years, 

20 commensurate with the level of investment; 

21 (B) require that, not later than 3 years 

22 after the date on which the Secretary concerned 

23 enters into an agreement or issues a land use au24 thorization, the private entity expend, or place 

25 in an escrow account for expenditure, for the 


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1 construction or improvement of structures and 

2 infrastructure relating to the operation of, or ac3 cess to, the applicable campground, resort, cabin, 

4 or visitor center, an amount or a specified per5 centage, as determined by the Secretary con6 cerned, of the anticipated receipts for the term of 

7 the agreement or land use authorization, which 

8 shall be an amount not less than $2,000,000; 

9 (C) require the private entity to maintain 

10 the campground facility, resort, cabin, or visitor 

11 center and any associated infrastructure des12 ignated by the Secretary concerned in a manner 

13 acceptable to the Secretary concerned and the 

14 private entity; 

15 (D) include any terms and conditions that 

16 the Secretary concerned determines to be nec17 essary for a special use permit issued under sec18 tion 7 of the Act of April 24, 1950 (commonly 

19 known as the ‘‘Granger-Thye Act’’) (64 Stat. 84, 

20 chapter 97; 16 U.S.C. 580d), including the pay21 ment described in subparagraph (E) or the Fed22 eral Land Policy and Management Act of 1976 

23 (43 U.S.C. 1701 et seq.), as applicable; 

24 (E) provide for payment to the Federal 

25 Government of a fee or a sharing of revenue— 


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1 (i) consistent with— 

2 (I) the land use fee for a special 

3 use permit authorized under section 7 

4 of the Act of April 24, 1950 (commonly 

5 known as the ‘‘Granger-Thye Act’’) (64 

6 Stat. 84, chapter 97; 16 U.S.C. 580d); 

7 or 

8 (II) the value to the private entity 

9 of the rights provided by the agreement 

10 or land use authorization, taking into 

11 account the capital invested by, and 

12 obligations of, the private entity under 

13 the agreement or land use authoriza14 tion; and 

15 (ii) all or part of which may be offset 

16 by the work to be performed at the expense 

17 of the private entity that is separate from 

18 the routine costs of operating and main19 taining the campground facility, resort, 

20 cabin, or visitor center and any associated 

21 infrastructure designated by the Secretary 

22 concerned, as determined to be appropriate 

23 by the Secretary concerned; 

24 (F) include provisions that state— 


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1 (i) the private entity shall obtain no 

2 property interest pursuant to the expendi3 tures of the private entity, as required by 

4 the agreement or land use authorization; 

5 and 

6 (ii) all structures and improvements 

7 constructed by the private entity under the 

8 agreement or land use authorization on 

9 land owned by the United States shall be 

10 the property of the United States; and 

11 (G) be subject to any other terms and condi12 tions determined to be necessary by the Secretary 

13 concerned. 

14 (d) LAND USE FEE RETENTION.—A land use fee paid 

15 or revenue shared with the Secretary concerned under an 

16 agreement or land use authorization authorized under this 

17 section shall be available for expenditure by the Secretary 

18 concerned for recreation-related purposes on the unit of 

19 Federal recreational lands and waters at which the land 

20 use fee or revenue is collected, without further appropria21 tion. 

22 SEC. 137. FOREST SERVICE PAY-FOR-PERFORMANCE 

23 PROJECTS. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) INDEPENDENT EVALUATOR.—The term ‘‘inde2 pendent evaluator’’ means an individual or entity, 

3 including an institution of higher education, that is 

4 selected by the pay-for-performance beneficiary and 

5 pay-for-performance investor, as applicable, or by the 

6 pay-for-performance project developer, in consultation 

7 with the Secretary of Agriculture, to make the deter8 minations and prepare the reports required under 

9 subsection (e). 

10 (2) NATIONAL FOREST SYSTEM LAND.—The term 

11 ‘‘National Forest System land’’ means land in the 

12 National Forest System (as defined in section 11(a) 

13 of the Forest and Rangeland Renewable Resources 

14 Planning Act of 1974 (16 U.S.C. 1609(a))). 

15 (3) PAY-FOR-PERFORMANCE AGREEMENT.—The 

16 term ‘‘pay-for-performance agreement’’ means a mu17 tual benefit agreement (excluding a procurement con18 tract, grant agreement, or cooperative agreement de19 scribed in chapter 63 of title 31, United States Code) 

20 for a pay-for-performance project— 

21 (A) with a term of— 

22 (i) not less than 1 year; and 

23 (ii) not more than 20 years; and 

24 (B) that is executed, in accordance with ap25 plicable law, by— 


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1 (i) the Secretary of Agriculture; and 

2 (ii) a pay-for-performance beneficiary 

3 or pay-for-performance project developer. 

4 (4) PAY-FOR-PERFORMANCE BENEFICIARY.—The 

5 term ‘‘pay-for-performance beneficiary’’ means a 

6 State or local government, an Indian Tribe, or a non7 profit or for-profit organization that— 

8 (A) repays capital loaned upfront by a pay9 for-performance investor, based on a project out10 come specified in a pay-for-performance agree11 ment; or 

12 (B) provides capital directly for costs asso13 ciated with a pay-for-performance project. 

14 (5) PAY-FOR-PERFORMANCE INVESTOR.—The 

15 term ‘‘pay-for-performance investor’’ means a State 

16 or local government, an Indian Tribe, or a nonprofit 

17 or for-profit organization that provides upfront 

18 loaned capital for a pay-for-performance project with 

19 the expectation of a financial return dependent on a 

20 project outcome. 

21 (6) PAY-FOR-PERFORMANCE PROJECT.—The term 

22 ‘‘pay-for-performance project’’ means a project that— 

23 (A) would provide or enhance a recreational 

24 opportunity; 

25 (B) is conducted on— 


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1 (i) National Forest System land; or 

2 (ii) other land, if the activities would 

3 benefit National Forest System land (in4 cluding a recreational use of National For5 est System land); and 

6 (C) would use an innovative funding or fi7 nancing model that leverages— 

8 (i) loaned capital from a pay-for-per9 formance investor to cover upfront costs as10 sociated with a pay-for-performance project, 

11 with the loaned capital repaid by a pay-for12 performance beneficiary at a rate of return 

13 dependent on a project outcome, as meas14 ured by an independent evaluator; or 

15 (ii) capital directly from a pay-for16 performance beneficiary to support costs as17 sociated with a pay-for-performance project 

18 in an amount based on an anticipated 

19 project outcome. 

20 (7) PAY-FOR-PERFORMANCE PROJECT DEVEL21 OPER.—The term ‘‘pay-for-performance project devel22 oper’’ means a nonprofit or for-profit organization 

23 that serves as an intermediary to assist in developing 

24 or implementing a pay-for-performance agreement or 

25 a pay-for-performance project. 


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1 (8) PROJECT OUTCOME.—The term ‘‘project out2 come’’ means a measurable, beneficial result (whether 

3 economic, environmental, or social) that is attrib4 utable to a pay-for-performance project and described 

5 in a pay-for-performance agreement. 

6 (b) ESTABLISHMENT OF PILOT PROGRAM.—The Sec7 retary of Agriculture shall establish a pilot program in ac8 cordance with this section to carry out 1 or more pay-for9 performance projects. 

10 (c) PAY-FOR-PERFORMANCE PROJECTS.— 

11 (1) IN GENERAL.—Using funds made available 

12 through a pay-for-performance agreement or appro13 priations, all or any portion of a pay-for-performance 

14 project may be implemented by— 

15 (A) the Secretary of Agriculture; or 

16 (B) a pay-for-performance project developer 

17 or a third party, subject to the conditions that— 

18 (i) the Secretary of Agriculture shall 

19 approve the implementation by the pay-for20 performance project developer or third 

21 party; and 

22 (ii) the implementation is in accord23 ance with applicable law. 

24 (2) RELATION TO LAND MANAGEMENT PLANS.— 

25 A pay-for-performance project carried out under this 


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1 section shall be consistent with any applicable land 

2 management plan developed under section 6 of the 

3 Forest and Rangeland Renewable Resources Planning 

4 Act of 1974 (16 U.S.C. 1604). 

5 (3) OWNERSHIP.— 

6 (A) NEW IMPROVEMENTS.—The United 

7 States shall have title to any improvements in8 stalled on National Forest System land as part 

9 of a pay-for-performance project. 

10 (B) EXISTING IMPROVEMENTS.—Investing 

11 in, conducting, or completing a pay-for-perform12 ance project on National Forest System land 

13 shall not affect the title of the United States to— 

14 (i) any federally owned improvements 

15 involved in the pay-for-performance project; 

16 or 

17 (ii) the underlying land. 

18 (4) SAVINGS CLAUSE.—The carrying out of any 

19 action for a pay-for-performance project does not pro20 vide any right to any party to a pay-for-performance 

21 agreement. 

22 (5) POTENTIAL CONFLICTS.—Before approving a 

23 pay-for-performance project under this section, the 

24 Secretary of Agriculture shall consider and seek to 


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1 avoid potential conflicts (including economic competi2 tion) with any existing written authorized use. 

3 (d) PROJECT AGREEMENTS.— 

4 (1) IN GENERAL.—Notwithstanding the Act of 

5 June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 

6 498), or subtitle C of title XX of the Social Security 

7 Act (42 U.S.C. 1397n et seq.), in carrying out the 

8 pilot program under this section, the Secretary of Ag9 riculture may enter into a pay-for-performance agree10 ment under which a pay-for-performance beneficiary, 

11 pay-for-performance investor, or pay-for-performance 

12 project developer agrees to pay for or finance all or 

13 part of a pay-for-performance project. 

14 (2) SIZE LIMITATION.—The Secretary of Agri15 culture may not enter into a pay-for-performance 

16 agreement under the pilot program under this section 

17 for a pay-for-performance project valued at more than 

18 $15,000,000. 

19 (3) FINANCING.— 

20 (A) IN GENERAL.—A pay-for-performance 

21 agreement shall specify the amounts that a pay22 for-performance beneficiary or a pay-for-per23 formance project developer agrees to pay to a 

24 pay-for-performance investor or a pay-for-per25 formance project developer, as appropriate, in 


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1 the event of an independent evaluator deter2 mining pursuant to subsection (e) the degree to 

3 which a project outcome has been achieved. 

4 (B) ELIGIBLE PAYMENTS.—An amount de5 scribed in subparagraph (A) shall be— 

6 (i) based on— 

7 (I) the respective contributions of 

8 the parties under the pay-for-perform9 ance agreement; and 

10 (II) the economic, environmental, 

11 or social benefits derived from the 

12 project outcomes; and 

13 (ii)(I) a percentage of the estimated 

14 value of a project outcome; 

15 (II) a percentage of the estimated cost 

16 savings to the pay-for-performance bene17 ficiary or the Secretary of Agriculture de18 rived from a project outcome; 

19 (III) a percentage of the enhanced rev20 enue to the pay-for-performance beneficiary 

21 or the Secretary of Agriculture derived from 

22 a project outcome; or 

23 (IV) a percentage of the cost of the 

24 pay-for-performance project. 


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1 (C) FOREST SERVICE FINANCIAL ASSIST2 ANCE.—Subject to the availability of appropria3 tions, the Secretary of Agriculture may only con4 tribute funding for a pay-for-performance project 

5 if— 

6 (i) the Secretary of Agriculture dem7 onstrates that— 

8 (I) the pay-for-performance 

9 project will provide a cost savings to 

10 the United States; or 

11 (II) the funding would accelerate 

12 the pace of implementation of an activ13 ity previously planned to be completed 

14 by the Secretary of Agriculture; and 

15 (ii) the contribution of the Secretary of 

16 Agriculture has a value that is not more 

17 than 50 percent of the total cost of the pay18 for-performance project. 

19 (D) SPECIAL ACCOUNT.—Any funds re20 ceived by the Secretary of Agriculture under sub21 section (c)(1) shall be— 

22 (i) retained in a separate fund in the 

23 Treasury to be used solely for pay-for-per24 formance projects; and 


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1 (ii) shall be remain available until ex2 pended and without further appropriation. 

3 (4) MAINTENANCE AND DECOMMISSIONING OF

4 PAY-FOR-PERFORMANCE PROJECT IMPROVEMENTS.—A 

5 pay-for-performance agreement shall— 

6 (A) include a plan for maintaining any 

7 capital improvement constructed as part of a 

8 pay-for-performance project after the date on 

9 which the pay-for-performance project is com10 pleted; and 

11 (B) specify the party that will be respon12 sible for decommissioning the improvements as13 sociated with the pay-for-performance project— 

14 (i) at the end of the useful life of the 

15 improvements; 

16 (ii) if the improvements no longer 

17 serve the purpose for which the improve18 ments were developed; or 

19 (iii) if the pay-for-performance project 

20 fails. 

21 (5) TERMINATION OF PAY-FOR-PERFORMANCE

22 PROJECT AGREEMENTS.—The Secretary of Agri23 culture may unilaterally terminate a pay-for-per24 formance agreement, in whole or in part, for any pro25 gram year beginning after the program year during 


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1 which the Secretary of Agriculture provides to each 

2 party to the pay-for-performance agreement a notice 

3 of the termination. 

4 (e) INDEPENDENT EVALUATIONS.— 

5 (1) PROGRESS REPORTS.—An independent eval6 uator shall submit to the Secretary of Agriculture and 

7 each party to the applicable pay-for-performance 

8 agreement— 

9 (A) by not later than 2 years after the date 

10 on which the pay-for-performance agreement is 

11 executed, and at least once every 2 years there12 after, a written report that summarizes the 

13 progress that has been made in achieving each 

14 project outcome; and 

15 (B) before the first scheduled date for a pay16 ment described in subsection (d)(3)(A), and each 

17 subsequent date for payment, a written report 

18 that— 

19 (i) summarizes the results of the eval20 uation conducted by the independent eval21 uator to determine whether a payment 

22 should be made pursuant to the pay-for-per23 formance agreement; and 

24 (ii) analyzes the reasons why a project 

25 outcome was achieved or was not achieved. 


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1 (2) FINAL REPORTS.—Not later than 180 days 

2 after the date on which a pay-for-performance project 

3 is completed, the independent evaluator shall submit 

4 to the Secretary of Agriculture and each party to the 

5 pay-for-performance agreement a written report that 

6 includes, with respect to the period covered by the re7 port— 

8 (A) an evaluation of the effects of the pay9 for-performance project with respect to each 

10 project outcome; 

11 (B) a determination of whether the pay-for12 performance project has met each project out13 come; and 

14 (C) the amount of the payments made for 

15 the pay-for-performance project pursuant to sub16 section (d)(3)(A). 

17 (f) ADDITIONAL FOREST SERVICE-PROVIDED ASSIST18 ANCE.— 

19 (1) TECHNICAL ASSISTANCE.—The Secretary of 

20 Agriculture may provide technical assistance to facili21 tate pay-for-performance project development, such as 

22 planning, permitting, site preparation, and design 

23 work. 


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1 (2) CONSULTANTS.—Subject to the availability of 

2 appropriations, the Secretary of Agriculture may hire 

3 a contractor— 

4 (A) to conduct a feasibility analysis of a 

5 proposed pay-for-performance project; 

6 (B) to assist in the development, implemen7 tation, or evaluation of a proposed pay-for-per8 formance project or a pay-for-performance agree9 ment; or 

10 (C) to assist with an environmental anal11 ysis of a proposed pay-for-performance project. 

12 (g) SAVINGS CLAUSE.—The Secretary of Agriculture 

13 shall approve a record of decision, decision notice, or deci14 sion memo for any activities to be carried out on National 

15 Forest System land as part of a pay-for-performance project 

16 before the Secretary of Agriculture may enter into a pay17 for-performance agreement involving the applicable pay18 for-performance project. 

19 (h) DURATION OF PILOT PROGRAM.— 

20 (1) SUNSET.—The authority to enter into a pay21 for-performance agreement under this section termi22 nates on September 30, 2032. 

23 (2) SAVINGS CLAUSE.—Nothing in paragraph 

24 (1) affects any pay-for-performance project agreement 

25 entered into by the Secretary of Agriculture under 


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1 this section before the date described in that para2 graph. 

3 Subtitle D—Engagement 

4 SEC. 141. IDENTIFYING OPPORTUNITIES FOR RECREATION. 

5 (a) DEFINITION OF LAND USE PLAN.—In this section, 

6 the term ‘‘land use plan’’ means— 

7 (1) a land use plan prepared by the Secretary 

8 pursuant to section 202 of the Federal Land Policy 

9 and Management Act of 1976 (43 U.S.C. 1712); and 

10 (2) a land management plan prepared by the 

11 Forest Service for a unit of the National Forest Serv12 ice pursuant to section 6 of the Forest and Rangeland 

13 Renewable Resources Planning Act of 1974 (16 

14 U.S.C. 1604). 

15 (b) INVENTORY AND ASSESSMENTS.— 

16 (1) IN GENERAL.—The Secretaries shall— 

17 (A) conduct a single inventory and assess18 ment of recreation resources for Federal rec19 reational lands and waters; and 

20 (B) publish the inventory and assessment 

21 conducted under subparagraph (A) for public 

22 comment. 

23 (2) UNIQUE RECREATION VALUES.—An inven24 tory and assessment conducted under paragraph (1) 

25 shall recognize— 


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1 (A) any unique recreation values and recre2 ation opportunities; and 

3 (B) areas of concentrated recreational use. 

4 (3) INVENTORY.—The inventory conducted under 

5 paragraph (1) shall — 

6 (A) identify, list, and map recreation re7 sources by— 

8 (i) type of recreation opportunity and 

9 type of natural or artificial recreation in10 frastructure; 

11 (ii) to the extent available, the level of 

12 use of the recreation resource as of the date 

13 of the inventory; and 

14 (iii) location; and 

15 (B) identify, to the extent practicable, any 

16 trend relating to recreation opportunities or use 

17 at a recreation resource identified under sub18 paragraph (A). 

19 (4) ASSESSMENTS.—For any recreation resource 

20 inventoried under paragraph (1), the Secretary con21 cerned shall assess— 

22 (A) the level of demand for the recreation 

23 resource; 

24 (B) the maintenance needs of, and expenses 

25 necessary to administer, the recreation resource; 


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1 (C) the benefits of current and projected fu2 ture recreation use, including to the local econ3 omy; 

4 (D) the capacity of the recreation resource 

5 to meet the demand described in subparagraph 

6 (A), including the relationship of current and 

7 projected future recreation use on— 

8 (i) natural, cultural, and other re9 sources; 

10 (ii) other authorized uses and activities 

11 on the Federal recreational lands and 

12 waters subject to the applicable land use 

13 plan; and 

14 (iii) existing infrastructure; 

15 (E) the suitability for developing, expand16 ing, or enhancing the recreation resource; 

17 (F) technological developments and innova18 tion that affects recreation use; and 

19 (G) the adequacy of the current manage20 ment of the recreation resource. 

21 (c) FUTURE RECREATION NEEDS AND MANAGE22 MENT.— 

23 (1) FUTURE NEEDS.—Based on the inventory 

24 and assessment conducted under subsection (b)(1), the 

25 Secretary concerned shall— 


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1 (A) estimate future recreation needs through 

2 a collaborative process; 

3 (B) identify underutilized locations that are 

4 suitable for developing, expanding, or enhancing 

5 recreation use; and 

6 (C) select additional high-value recreation 

7 resources at which to encourage recreation use, 

8 consistent with the applicable land use plan. 

9 (2) CONSIDERATIONS.—In selecting a high-value 

10 recreation resource under paragraph (1)(C), the Sec11 retary concerned shall consider the following: 

12 (A) The future recreation needs estimated 

13 under paragraph (1)(A). 

14 (B) The maintenance needs of, and the ex15 penses necessary to administer, the high-value 

16 recreation resource. 

17 (C) The presence of partner organizations 

18 prepared to assist in the stewardship of recre19 ation resource. 

20 (D) The benefits of recreation use, including 

21 benefits to the local economy. 

22 (E) The impacts of recreation use on— 

23 (i) natural, cultural, or other resources; 

24 (ii) other authorized uses and activities 

25 on the Federal recreational lands and 


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1 waters subject to any applicable land use 

2 plan; and 

3 (iii) adjacent landowners. 

4 (3) MANAGEMENT.—The Secretary concerned 

5 shall— 

6 (A) seek input from the public, including 

7 adjacent landowners and individuals or entities 

8 with existing land use authorizations, with re9 spect to the management of any high-value recre10 ation resource identified under paragraph 

11 (1)(C); 

12 (B) maintain or enhance the recreation val13 ues and encourage recreation use of the high14 value recreation resource identified, subject to the 

15 availability of appropriations and consistent 

16 with any applicable multiple-use mandates; and 

17 (C) manage a high-value recreation resource 

18 under this paragraph in a manner that is con19 sistent with applicable law. 

20 (d) EXISTING EFFORTS.—To the extent practicable, 

21 the Secretary concerned shall utilize or incorporate existing 

22 applicable research and planning decisions and processes 

23 in carrying out this section. 

24 (e) CONFORMING AMENDMENTS.—Section 200103 of 

25 title 54, United States Code, is amended— 


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1 (1) by striking subsection (d); and 

2 (2) by redesignating subsections (e), (f), (g), (h), 

3 and (i) as subsections (d), (e), (f), (g), and (h), re4 spectively. 

5 SEC. 142. FEDERAL INTERAGENCY COUNCIL ON OUTDOOR 

6 RECREATION. 

7 (a) IN GENERAL.—Section 200104 of title 54, United 

8 States Code, is amended to read as follows: 

9 ‘‘§ 200104. Federal Interagency Council on Outdoor 

10 Recreation 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) COUNCIL.—The term ‘Council’ means the 

13 Federal Interagency Council on Outdoor Recreation 

14 established under subsection (b). 

15 ‘‘(2) FEDERAL RECREATIONAL LANDS AND

16 WATERS.—The term ‘Federal recreational lands and 

17 waters’ has the meaning given the term in section 802 

18 of the Federal Lands Recreation Enhancement Act 

19 (16 U.S.C. 6801). 

20 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish 

21 an interagency council, to be known as the ‘Federal Inter22 agency Council on Outdoor Recreation’. 

23 ‘‘(c) MEMBERSHIP.— 

24 ‘‘(1) IN GENERAL.—The Council shall be com25 posed of members, to be appointed by the Secretary, 


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1 who have administrative responsibility over outdoor 

2 recreation activities or resources, from the following: 

3 ‘‘(A) The National Park Service. 

4 ‘‘(B) The Bureau of Land Management. 

5 ‘‘(C) The United States Fish and Wildlife 

6 Service. 

7 ‘‘(D) The Forest Service. 

8 ‘‘(E) The Corps of Engineers. 

9 ‘‘(F) The Council on Environmental Qual10 ity. 

11 ‘‘(2) ADDITIONAL MEMBERS.—In addition to the 

12 members described in paragraph (1), the Secretary 

13 may appoint to the Council members from the fol14 lowing: 

15 ‘‘(A) The Bureau of Indian Affairs. 

16 ‘‘(B) The Bureau of Reclamation. 

17 ‘‘(C) The Natural Resources Conservation 

18 Service. 

19 ‘‘(D) Rural development programs of the 

20 Department of Agriculture. 

21 ‘‘(E) The Economic Development Adminis22 tration. 

23 ‘‘(F) The National Travel and Tourism Of24 fice of the Department of Commerce. 


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1 ‘‘(G) The National Center for Chronic Dis2 ease Prevention and Health Promotion. 

3 ‘‘(H) The Environmental Protection Agen4 cy. 

5 ‘‘(I) The Department of Transportation. 

6 ‘‘(J) The Tennessee Valley Authority. 

7 ‘‘(K) The National Oceanic and Atmos8 pheric Administration. 

9 ‘‘(L) The Federal Energy Regulatory Com10 mission. 

11 ‘‘(M) An applicable State agency or office. 

12 ‘‘(N) An applicable agency or office of a 

13 local government. 

14 ‘‘(3) STATE COORDINATION.—In appointing 

15 members to the Council under this subsection, the Sec16 retary shall seek to ensure not fewer than 1 State is 

17 a member of the Council. 

18 ‘‘(d) COORDINATION.—The Council shall meet as fre19 quently as appropriate for the purposes of coordinating— 

20 ‘‘(1) implementation of the America’s Outdoor 

21 Recreation Act of 2022, including carrying out any 

22 reports required under that Act or an amendment 

23 made by that Act; 

24 ‘‘(2) recreation management policies across Fed25 eral agencies, including implementation of the FedVerDate Sep 11 2014 00:34 Sep 22, 2022 Jkt 029200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 E:\BILLS\S3266.RS S3266

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1 eral Lands Recreation Enhancement Act (16 U.S.C. 

2 6801 et seq.); 

3 ‘‘(3) the response by an agency that manages 

4 Federal recreational lands and waters to public health 

5 emergencies or other emergencies that result in dis6 ruptions to, or closures of, Federal recreational lands 

7 and waters; 

8 ‘‘(4) the expenditure of funds relating to outdoor 

9 recreation on Federal recreational lands and waters, 

10 including funds made available under section 

11 40804(b)(7) of the Infrastructure Investment and Jobs 

12 Act (16 U.S.C. 6592a(b)(7)); 

13 ‘‘(5) the adoption and expansion of emerging 

14 technologies on Federal recreational lands and waters; 

15 ‘‘(6) research activities, including quantifying 

16 the economic impacts of recreation; 

17 ‘‘(7) dissemination to the public of recreation-re18 lated information (including information relating to 

19 opportunities, reservations, accessibility, and clo20 sures), in a manner that ensures the recreation-re21 lated information is easily accessible with modern 

22 communication devices; 

23 ‘‘(8) the improvement of access to Federal rec24 reational lands and waters; and 


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1 ‘‘(9) the identification and engagement of part2 ners outside the Federal Government— 

3 ‘‘(A) to promote outdoor recreation; 

4 ‘‘(B) to facilitate collaborative management 

5 of outdoor recreation; and 

6 ‘‘(C) to provide additional resources relat7 ing to enhancing outdoor recreation opportuni8 ties. 

9 ‘‘(e) EFFECT.—Nothing in this section affects the au10 thorities, regulations, or policies of any Federal agency de11 scribed in paragraph (1) or (2) of subsection (c).’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections for 

13 chapter 2001 of title 54, United States Code, is amended 

14 by striking the item relating to section 200104 and insert15 ing the following: 

‘‘200104. Federal Interagency Council on Outdoor Recreation.’’. 

16 SEC. 143. INFORMING THE PUBLIC OF ACCESS CLOSURES. 

17 (a) IN GENERAL.—The Secretaries shall, to the extent 

18 practicable and in a timely fashion, alert the public to any 

19 closure or disruption to public campsites, trails, roads, and 

20 other public areas and access points under the jurisdiction 

21 of the applicable Secretary. 

22 (b) ONLINE ALERT.—An alert under subsection (a) 

23 shall be posted online on a public website of the appropriate 

24 land unit in a manner that— 


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1 (1) ensures that the public can easily find the 

2 alert in searching for the applicable campsite, trail, 

3 road, or other access point; and 

4 (2) consolidates all alerts under subsection (a). 

5 SEC. 144. IMPROVED RECREATION VISITATION DATA. 

6 (a) CONSISTENT VISITATION DATA.— 

7 (1) ANNUAL VISITATION DATA.—The Secretaries 

8 shall establish a single visitation data reporting sys9 tem to report accurate annual visitation data, in a 

10 consistent manner, for— 

11 (A) each unit of Federal recreational lands 

12 and waters; and 

13 (B) land held in trust for an Indian Tribe, 

14 on request of the Indian Tribe. 

15 (2) CATEGORIES OF USE.—Within the visitation 

16 data reporting system established under paragraph 

17 (1), the Secretaries shall— 

18 (A) establish multiple categories of different 

19 recreation activities that are reported consist20 ently across agencies; and 

21 (B) provide an estimate of the number of 

22 visitors for each applicable category established 

23 under subparagraph (A) for each unit of Federal 

24 recreational lands and waters. 

25 (b) REAL-TIME DATA PILOT PROGRAM.— 


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1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, using existing funds 

3 available to the Secretaries, the Secretaries shall carry 

4 out a pilot program, to be known as the ‘‘Real-time 

5 Data Pilot Program’’ (referred to in this section as 

6 the ‘‘Pilot Program’’), to make available to the public, 

7 for each unit of Federal recreational lands and waters 

8 selected for participation in the Pilot Program under 

9 paragraph (2)— 

10 (A) real-time or predictive data on visita11 tion (including data and resources publicly 

12 available from existing nongovernmental plat13 form) at— 

14 (i) the unit of Federal recreational 

15 lands and waters; 

16 (ii) to the extent practicable, areas 

17 within the unit of Federal recreational 

18 lands and waters; and 

19 (iii) to the extent practicable, recre20 ation sites managed by any other Federal 

21 agency, a State agency, or a local agency 

22 that are located near the unit of Federal 

23 recreational lands and waters; and 

24 (B) through multiple media platforms, in25 formation about lesser-known recreation sites loVerDate Sep 11 2014 00:34 Sep 22, 2022 Jkt 029200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 E:\BILLS\S3266.RS S3266

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1 cated near the unit of Federal recreational lands 

2 and waters (including recreation sites managed 

3 by any other Federal agency, a State agency, or 

4 a local agency), in an effort to encourage visita5 tion among recreational sites. 

6 (2) LOCATIONS.— 

7 (A) INITIAL NUMBER OF UNITS.—On estab8 lishment of the Pilot Program, the Secretaries 

9 shall select for participation in the Pilot Pro10 gram— 

11 (i) 15 units of Federal recreational 

12 lands and waters managed by the Sec13 retary; and 

14 (ii) 5 units of Federal recreational 

15 lands and waters managed by the Secretary 

16 of Agriculture (acting through the Chief of 

17 the Forest Service). 

18 (B) EXPANSION.—Not later than 5 years 

19 after the date of enactment of this Act, the Secre20 taries shall expand the Pilot Program by select21 ing 80 additional units of Federal recreational 

22 lands and waters managed by the Secretaries for 

23 participation in the Pilot Program, not fewer 

24 than 50 of which shall be units managed by the 

25 Secretary. 


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1 (C) FEEDBACK; SUPPORT OF GATEWAY COM2 MUNITIES.—The Secretaries shall— 

3 (i) solicit feedback regarding participa4 tion in the Pilot Program from commu5 nities adjacent to units of Federal rec6 reational lands and waters and the public; 

7 and 

8 (ii) in carrying out subparagraphs (A) 

9 and (B), select a unit of Federal recreation 

10 lands and waters to participate in the Pilot 

11 Program only if the community adjacent to 

12 the unit of Federal recreational lands and 

13 waters is supportive of the participation of 

14 the unit of Federal recreational lands and 

15 waters in the Pilot Program. 

16 (3) DISSEMINATION OF INFORMATION.—The Sec17 retaries may disseminate the information described in 

18 paragraph (1) directly or through an entity or orga19 nization referred to in subsection (c). 

20 (c) COMMUNITY PARTNERS AND THIRD-PARTY PRO21 VIDERS.—For purposes of carrying out this section, the Sec22 retary concerned may— 

23 (1) coordinate and partner with— 

24 (A) communities adjacent to units of Fed25 eral recreational lands and waters; 


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1 (B) State and local outdoor recreation and 

2 tourism offices; 

3 (C) local governments; 

4 (D) Indian Tribes; 

5 (E) trade associations; 

6 (F) local outdoor recreation marketing orga7 nizations; 

8 (G) permitted facilitated recreation pro9 viders; or 

10 (H) other relevant stakeholders; and 

11 (2) coordinate or enter into agreements, as ap12 propriate, with private sector and nonprofit partners, 

13 including— 

14 (A) technology companies; 

15 (B) geospatial data companies; 

16 (C) experts in data science, analytics, and 

17 operations research; or 

18 (D) data companies. 

19 (d) EXISTING PROGRAMS.—The Secretaries may use 

20 existing programs or products of the Secretaries to carry 

21 out this section. 

22 (e) PRIVACY CLAUSES.—Nothing in this section pro23 vides authority to the Secretaries— 


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1 (1) to monitor or record the movements of a vis2 itor to a unit of Federal recreational lands and 

3 waters; 

4 (2) to restrict, interfere with, or monitor a pri5 vate communication of a visitor to a unit of Federal 

6 recreational lands and waters; or 

7 (3) to collect— 

8 (A) information from owners of land adja9 cent to a unit of Federal recreational lands and 

10 waters; or 

11 (B) information on non-Federal land. 

12 (f) REPORTS.—Not later than January 1, 2024, and 

13 annually thereafter, the Secretaries shall publish on a 

14 website of the Secretaries a report that describes the annual 

15 visitation of each unit of Federal recreational lands and 

16 waters, including, to the maximum extent practicable, visi17 tation categorized by recreational activity. 

18 SEC. 145. MONITORING FOR IMPROVED RECREATION DECI19 SIONMAKING. 

20 (a) IN GENERAL.—The Secretaries shall seek to cap21 ture comprehensive recreation use data to better understand 

22 and inform decisionmaking by the Secretaries. 

23 (b) PILOT PROTOCOLS.—Not later than 1 year after 

24 the date of enactment of this Act, and after public notice 

25 and comment, the Secretaries shall establish pilot protocols 


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1 at not fewer than 10 land management units under the ju2 risdiction of each of the Secretaries to model recreation use 

3 patterns (including low-use recreation activities and dis4 persed recreation activities) that may not be effectively 

5 measured by existing general and opportunistic survey and 

6 monitoring protocols. 

7 SEC. 146. ACCESS FOR SERVICEMEMBERS AND VETERANS. 

8 The Secretaries are encouraged to work with the Sec9 retary of Defense and the Secretary of Veterans Affairs to 

10 ensure servicemembers and veterans have access to outdoor 

11 recreation and outdoor-related volunteer and wellness pro12 grams as a part of the basic services provided to 

13 servicemembers and veterans. 

14 SEC. 147. INCREASING YOUTH RECREATION VISITS TO FED15 ERAL LAND. 

16 (a) STRATEGY.—Not later than 1 year after the date 

17 of enactment of this Act, and not less frequently than once 

18 every 5 years thereafter, the Secretaries shall develop and 

19 make public a national strategy, after public notice and 

20 comment, to increase the number of youth recreation visits 

21 to Federal land. 

22 (b) REQUIREMENTS.—A strategy developed under sub23 section (a)— 

24 (1) shall— 


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1 (A) emphasize increased recreation opportu2 nities on Federal land for underserved youth; 

3 (B) establish objectives and quantifiable tar4 gets for increasing youth recreation visits; and 

5 (C) provide the anticipated costs to achieve 

6 the objectives and meet the targets established 

7 under subparagraph (B); and 

8 (2) shall not establish any preference between 

9 similar recreation facilitated by noncommercial or 

10 commercial entities. 

11 (c) AGREEMENTS.—The Secretaries may enter into 

12 contracts or cost-share agreements (including contracts or 

13 agreements for the acquisition of vehicles) to carry out this 

14 section. 

15 TITLE II—AMENDMENTS TO THE 

16 FEDERAL LANDS RECRE17 ATION ENHANCEMENT ACT 

18 SEC. 201. SHORT TITLE. 

19 The Federal Lands Recreation Enhancement Act (16 

20 U.S.C. 6801 et seq.) is amended by striking section 801 and 

21 inserting the following: 

22 ‘‘SEC. 801. SHORT TITLE. 

23 ‘‘This title may be cited as the ‘Federal Lands Recre24 ation Enhancement Act’.’’. 


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1 SEC. 202. DEFINITIONS. 

2 Section 802 of the Federal Lands Recreation Enhance3 ment Act (16 U.S.C. 6801) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘this Act’’ and inserting ‘‘this title’’; 

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

7 and inserting ‘‘section 803(f)’’; 

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

9 and inserting ‘‘section 803(g)’’; 

10 (4) in paragraph (6), by striking ‘‘section 

11 5(a)(7)’’ and inserting ‘‘section 805(a)(7)’’; 

12 (5) in paragraph (9), by striking ‘‘section 5(d)’’ 

13 and inserting ‘‘section 805(d)’’; 

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

15 and inserting ‘‘section 807’’; 

16 (7) in paragraph (13), by striking ‘‘section 3(h)’’ 

17 and inserting ‘‘section 803(h)(2)’’; 

18 (8) by redesignating paragraphs (1), (3), (4), 

19 (5), (6), (7), (8), (9), (10), (11), and (13) as para20 graphs (15), (1), (3), (4), (5), (6), (7), (8), (11), (10), 

21 and (14), respectively, and moving the paragraphs so 

22 as to appear in numerical order; 

23 (9) by inserting after paragraph (8) (as so redes24 ignated) the following: 

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

26 term ‘recreation service provider’ means a person that 


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1 provides recreational services to the public under a 

2 special recreation permit under clause (iii) or (iv) of 

3 paragraph (13)(A).’’; and 

4 (10) by inserting after paragraph (12) the fol5 lowing: 

6 ‘‘(13) SPECIAL RECREATION PERMIT.— 

7 ‘‘(A) IN GENERAL.—The term ‘special recre8 ation permit’ means a permit issued by a Fed9 eral land management agency for the use of Fed10 eral recreational lands and waters— 

11 ‘‘(i) for a specialized recreational use 

12 not described in clause (ii), (iii), or (iv), 

13 such as— 

14 ‘‘(I) an organizational camp; 

15 ‘‘(II) a single event that does not 

16 require an entry or participation fee 

17 that is not strictly a sharing of ex18 penses for the purposes of the event; 

19 and 

20 ‘‘(III) participation by the public 

21 in a recreation activity or recreation 

22 use of a specific area of Federal rec23 reational lands and waters in which 

24 use by the public is allocated; 


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1 ‘‘(ii) for a large group activity or event 

2 for not fewer than 75 participants; 

3 ‘‘(iii) for— 

4 ‘‘(I) at the discretion of the Sec5 retary, a single organized group recre6 ation activity or event (including an 

7 activity or event in which motorized 

8 recreational vehicles are used or in 

9 which outfitting and guiding services 

10 are used) that— 

11 ‘‘(aa) is a structured or 

12 scheduled event; 

13 ‘‘(bb) is not competitive and 

14 is for fewer than 75 participants; 

15 ‘‘(cc) may charge an entry or 

16 participation fee; 

17 ‘‘(dd) involves fewer than 200 

18 visitor-use days; and 

19 ‘‘(ee) is undertaken or pro20 vided by the recreation service 

21 provider at the same site not more 

22 frequently than 3 times a year; or 

23 ‘‘(II) a single competitive event; 

24 or 

25 ‘‘(iv) for— 


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1 ‘‘(I) a recurring outfitting, guid2 ing, or, at the discretion of the Sec3 retary, other recreation service, the au4 thorization for which is for a term of 

5 not more than 10 years; or 

6 ‘‘(II) a recurring outfitting, guid7 ing, or, at the discretion of the Sec8 retary, other recreation service, that oc9 curs under a transitional special recre10 ation permit authorized section 312(a) 

11 of the America’s Outdoor Recreation 

12 Act of 2022. 

13 ‘‘(B) EXCLUSIONS.—The term ‘special recre14 ation permit’ does not include— 

15 ‘‘(i) a concession contract for the provi16 sion of accommodations, facilities, or serv17 ices; 

18 ‘‘(ii) a commercial use authorization 

19 issued under section 101925 of title 54, 

20 United States Code; or 

21 ‘‘(iii) any other type of permit, includ22 ing a special use permit administered by 

23 the National Park Service.’’. 


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1 SEC. 203. SPECIAL RECREATION PERMITS AND FEES. 

2 (a) IN GENERAL.—Section 803 of the Federal Lands 

3 Recreation Enhancement Act (16 U.S.C. 6802) is amend4 ed— 

5 (1) by striking ‘‘this Act’’ each place it appears 

6 and inserting ‘‘this title’’; 

7 (2) in subsection (b)(5), by striking ‘‘section 

8 4(d)’’ and inserting ‘‘section 804(d)’’; and 

9 (3) by striking subsection (h) and inserting the 

10 following: 

11 ‘‘(h) SPECIAL RECREATION PERMITS AND FEES.— 

12 ‘‘(1) SPECIAL RECREATION PERMITS.— 

13 ‘‘(A) APPLICATIONS.—The Secretary shall 

14 develop and make available to the public an ap15 plication to obtain a special recreation permit 

16 described in clause (ii), (iii), or (iv) of section 

17 802(13)(A). 

18 ‘‘(B) ISSUANCE OF PERMITS.—On review of 

19 a completed application developed under sub20 paragraph (A) and a determination by the Sec21 retary that the applicant is eligible for the spe22 cial recreation permit, the Secretary may issue 

23 to the applicant a special recreation permit, sub24 ject to any terms and conditions that are deter25 mined to be necessary by the Secretary. 


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1 ‘‘(C) INCIDENTAL SALES.—A special recre2 ation permit issued under this paragraph may 

3 include an authorization for sales that are inci4 dental in nature to the permitted use of the Fed5 eral recreational lands and waters. 

6 ‘‘(2) SPECIAL RECREATION PERMIT FEES.— 

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

8 charge a special recreation permit fee for the 

9 issuance of a special recreation permit issued 

10 under paragraph (1) in accordance with this 

11 paragraph. 

12 ‘‘(B) PREDETERMINED SPECIAL RECRE13 ATION PERMIT FEES.— 

14 ‘‘(i) IN GENERAL.—For purposes of 

15 subparagraphs (D) and (E), the Secretary 

16 shall establish and charge a predetermined 

17 fee, described in clause (ii), for a special 

18 recreation permit described in clause (iii) 

19 or (iv) of section 802(13)(A) for a specific 

20 type of use on a unit of Federal recreational 

21 lands and waters, consistent with the cri22 teria set forth in clause (iii). 

23 ‘‘(ii) TYPE OF FEE.—A predetermined 

24 fee described in clause (i) shall be— 


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1 ‘‘(I) a fixed fee that is assessed 

2 per special recreation permit, includ3 ing a fee with an associated size limi4 tation or other criteria as determined 

5 to be appropriate by the Secretary; or 

6 ‘‘(II) an amount assessed per vis7 itor-use day. 

8 ‘‘(iii) CRITERIA.—A predetermined fee 

9 under clause (i) shall— 

10 ‘‘(I) have been established before 

11 the date of enactment of the America’s 

12 Outdoor Recreation Act of 2022; 

13 ‘‘(II) be established after the date 

14 of enactment of the America’s Outdoor 

15 Recreation Act of 2022, in accordance 

16 with subsection (b); 

17 ‘‘(III)(aa) be established after the 

18 date of enactment of the America’s 

19 Outdoor Recreation Act of 2022; and 

20 ‘‘(bb) be comparable to an amount 

21 described in subparagraph (D)(ii) or 

22 E(ii), as applicable; or 

23 ‘‘(IV) beginning on the date that 

24 is 2 years after the date of enactment 

25 of the America’s Outdoor Recreation 


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1 Act of 2022, be $6 in instances in 

2 which the Secretary has not established 

3 a predetermined fee under subclause 

4 (I), (II), or (III). 

5 ‘‘(C) CALCULATION OF FEES FOR ALLO6 CATED PUBLIC USE, LARGE GROUP ACTIVITIES, 

7 AND OTHER ACTIVITIES.—The Secretary may, at 

8 the discretion of the Secretary, establish and 

9 charge a fee for a special recreation permit de10 scribed in clause (i) or (ii) of section 802(13)(A). 

11 ‘‘(D) CALCULATION OF FEES FOR SINGLE

12 ORGANIZED GROUP RECREATION ACTIVITIES, 

13 COMPETITIVE EVENTS, AND EVENTS FOR WHICH

14 A PARTICIPATION FEE IS CHARGED.—If the Sec15 retary elects to charge a fee for a special recre16 ation permit described in section 802(13)(A)(iii), 

17 the Secretary shall charge the recreation service 

18 provider, based on the election of the recreation 

19 service provider— 

20 ‘‘(i) the applicable predetermined fee 

21 established under subparagraph (B); or 

22 ‘‘(ii) an amount equal to a percentage 

23 of, to be determined by the Secretary, but to 

24 not to exceed 5 percent of, adjusted gross re25 ceipts calculated under subparagraph (F). 


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1 ‘‘(E) CALCULATION OF FEES FOR TRANSI2 TIONAL PERMITS AND LONG-TERM PERMITS.— 

3 Subject to subparagraph (G), if the Secretary 

4 elects to charge a fee for a special recreation per5 mit described in section 802(13)(A)(iv), the Sec6 retary shall charge the recreation service pro7 vider, based on the election of the recreation serv8 ice provider— 

9 ‘‘(i) the applicable predetermined fee 

10 established under subparagraph (B); or 

11 ‘‘(ii) an amount equal to a percentage 

12 of, to be determined by the Secretary, but 

13 not to exceed 3 percent of, adjusted gross re14 ceipts calculated under subparagraph (F). 

15 ‘‘(F) ADJUSTED GROSS RECEIPTS.—For the 

16 purposes of subparagraphs (D)(ii) and (E)(ii), 

17 the Secretary shall calculate the adjusted gross 

18 receipts collected for each trip or event author19 ized under a special recreation permit, using ei20 ther of the following calculations, based on the 

21 election of the recreation service provider: 

22 ‘‘(i) The sum of— 

23 ‘‘(I) the product obtained by mul24 tiplying— 


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1 ‘‘(aa) the general amount 

2 paid by participants of the trip or 

3 event to the recreation service pro4 vider for the applicable trip or 

5 event (excluding amounts related 

6 to goods, souvenirs, merchandise, 

7 gear, and additional food pro8 vided or sold by the recreation 

9 service provider); and 

10 ‘‘(bb) the quotient obtained 

11 by dividing— 

12 ‘‘(AA) the number of 

13 days of the trip or event that 

14 occurred on Federal rec15 reational lands and waters 

16 covered by the special recre17 ation permit, rounded to the 

18 nearest whole day; by 

19 ‘‘(BB) the total number 

20 of days of the trip or event; 

21 and 

22 ‘‘(II) the amount of any addi23 tional revenue received by the recre24 ation service provider for an add-on 

25 activity or an optional excursion that 


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1 occurred on the Federal recreational 

2 lands and waters covered by the special 

3 recreation permit. 

4 ‘‘(ii) The difference between— 

5 ‘‘(I) the total cost paid by the 

6 participants of the trip or event for the 

7 trip or event to the recreation service 

8 provider, including any additional rev9 enue received by the recreation service 

10 provider for an add-on activity or an 

11 optional excursion that occurred on the 

12 Federal recreational lands and waters 

13 covered by the special recreation per14 mit; and 

15 ‘‘(II) the sum of— 

16 ‘‘(aa) the amount of any rev17 enues from goods, souvenirs, mer18 chandise, gear, and additional 

19 food provided or sold by the recre20 ation service provider to the par21 ticipants of the applicable trip or 

22 event; 

23 ‘‘(bb) the amount of any costs 

24 or revenues from services and ac25 tivities provided or sold by the 


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1 recreation service provider to the 

2 participants of the trip or event 

3 that occurred in a location other 

4 than the Federal recreational 

5 lands and waters covered by the 

6 special recreation permit (includ7 ing costs for travel and lodging 

8 outside the Federal recreational 

9 lands and waters covered by the 

10 special recreation permit); and 

11 ‘‘(cc) the amount of any reve12 nues from any service provided by 

13 a recreation service provider for 

14 an activity on Federal rec15 reational lands and waters that is 

16 not covered by the special recre17 ation permit. 

18 ‘‘(G) EXCEPTION.—Notwithstanding sub19 paragraph (E), the Secretary may charge a 

20 recreation service provider a minimum annual 

21 fee for a special recreation permit described in 

22 section 802(13)(A)(iv). 

23 ‘‘(H) SAVINGS CLAUSES.— 

24 ‘‘(i) EFFECT.—Nothing in this para25 graph affects any fee for— 


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1 ‘‘(I) a concession contract admin2 istered by the National Park Service 

3 for the provision of accommodations, 

4 facilities, or services; or 

5 ‘‘(II) a commercial use authoriza6 tion for use of Federal recreational 

7 lands and waters managed by the Na8 tional Park Service. 

9 ‘‘(ii) COST RECOVERY.—Nothing in 

10 this paragraph affects the ability of the Sec11 retary to recover any administrative costs 

12 under section 325 of the America’s Outdoor 

13 Recreation Act of 2022. 

14 ‘‘(iii) SPECIAL RECREATION PERMIT

15 FEES AND OTHER RECREATION FEES.—The 

16 collection of a special recreation permit fee 

17 under this paragraph shall not affect the 

18 authority of the Secretary to collect an en19 trance fee, a standard amenity recreation 

20 fee, or an expanded amenity recreation fee 

21 authorized under subsections (e), (f), and 

22 (g). 

23 ‘‘(i) DISCLOSURE OF RECREATION FEES AND USE OF

24 RECREATION FEES.— 


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1 ‘‘(1) NOTICE OF ENTRANCE FEES, STANDARD

2 AMENITY RECREATION FEES, EXPANDED AMENITY

3 RECREATION FEES, AND PASSES.— 

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

5 post clear notice of any entrance fee, standard 

6 amenity recreation fee, expanded amenity recre7 ation fee, and available recreation passes at ap8 propriate locations in each unit or area of Fed9 eral recreational land and waters at which an 

10 entrance fee, standard amenity recreation fee, or 

11 expanded amenity recreation fee is charged. 

12 ‘‘(B) PUBLICATIONS.—The Secretary shall 

13 include in publications distributed at a unit or 

14 area or described in subparagraph (A) the notice 

15 described in that subparagraph. 

16 ‘‘(2) NOTICE OF USES OF FEES.—Beginning on 

17 January 1, 2024, the Secretary shall annually post, 

18 at the location at which a recreation fee described in 

19 paragraph (1)(A) is collected, clear notice of— 

20 ‘‘(A) the total recreation fees collected dur21 ing each of the 2 preceding fiscal years at the re22 spective unit or area of the Federal land man23 agement agency; and 


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1 ‘‘(B) each use during the preceding fiscal 

2 year of the applicable recreation fee or recreation 

3 pass revenues collected under this section. 

4 ‘‘(3) NOTICE OF RECREATION FEE PROJECTS.— 

5 To the extent practicable, the Secretary shall post 

6 clear notice at the location at which work is per7 formed using recreation fee and recreation pass reve8 nues collected under this section. 

9 ‘‘(4) CENTRALIZED REPORTING ON AGENCY

10 WEBSITES.— 

11 ‘‘(A) IN GENERAL.—Not later than January 

12 1, 2023, and not later than 60 days after the be13 ginning of each fiscal year thereafter, the Sec14 retary shall post on the website of the applicable 

15 Federal land management agency a searchable 

16 list of each use during the preceding fiscal year 

17 of the recreation fee or recreation pass revenues 

18 collected under this section. 

19 ‘‘(B) LIST COMPONENTS.—The list required 

20 under subparagraph (A) shall include, with re21 spect to each use described in that subpara22 graph— 

23 ‘‘(i) a title and description of the over24 all project; 


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1 ‘‘(ii) a title and description for each 

2 component of the project; 

3 ‘‘(iii) the location of the project; and 

4 ‘‘(iv) the amount obligated for the 

5 project. 

6 ‘‘(5) NOTICE TO CUSTOMERS.—A recreation serv7 ice provider may inform a customer of the recreation 

8 service provider of any fee charged by the Secretary 

9 under this section.’’. 

10 (b) CONFORMING AMENDMENT.—Section 804 of the 

11 Federal Lands Recreation Enhancement Act (16 U.S.C. 

12 6803) is amended by striking subsection (e). 

13 SEC. 204. ONLINE COLLECTION OF CERTAIN RECREATION 

14 FEES. 

15 Section 803 of the Federal Lands Recreation Enhance16 ment Act (16 U.S.C. 6802) (as amended by section 

17 203(a)(3)) is amended by adding at the end the following: 

18 ‘‘(j) ONLINE PAYMENTS.— 

19 ‘‘(1) IN GENERAL.—In addition to providing on20 site payment methods, the Secretaries may collect 

21 payment online for— 

22 ‘‘(A) entrance fees under subsection (e); 

23 ‘‘(B) standard amenity recreation fees; 

24 ‘‘(C) expanded amenity recreation fees; and 

25 ‘‘(D) special recreation permit fees. 


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1 ‘‘(2) DISTRIBUTION OF ONLINE PAYMENTS.—An 

2 online payment collected under paragraph (1) that is 

3 associated with a specific unit or area of a Federal 

4 land management agency shall be distributed in ac5 cordance with section 805(c).’’. 

6 SEC. 205. ONLINE PURCHASES AND ESTABLISHMENT OF A 

7 DIGITAL VERSION OF AMERICA THE BEAU8 TIFUL—THE NATIONAL PARKS AND FEDERAL 

9 RECREATIONAL LANDS PASSES. 

10 Section 805(a) of the Federal Lands Recreation En11 hancement Act (16 U.S.C. 6804(a)) is amended— 

12 (1) in paragraph (6), by striking subparagraph 

13 (A) and inserting the following: 

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

15 sell the National Parks and Federal Recreational 

16 Lands Pass— 

17 ‘‘(i) at all Federal recreational lands 

18 and waters at which— 

19 ‘‘(I) an entrance fee or a standard 

20 amenity recreation fee is charged; and 

21 ‘‘(II) such sales are feasible; 

22 ‘‘(ii) at such other locations as the Sec23 retaries determine to be appropriate and 

24 feasible; and 


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

2 Federal land management agencies and the 

3 websites of the relevant units and subunits 

4 of the Federal land management agencies, 

5 which shall include— 

6 ‘‘(I) a prominent link on each 

7 website; and 

8 ‘‘(II) information about where 

9 and when the National Parks and Fed10 eral Recreational Lands Pass may be 

11 used.’’; and 

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

13 ‘‘(10) DIGITAL RECREATION PASSES.—By not 

14 later than January 1, 2024, the Secretaries shall— 

15 ‘‘(A) establish a digital version of the Na16 tional Parks and Federal Recreational Lands 

17 Pass that is able to be stored on a mobile device; 

18 and 

19 ‘‘(B) on the completion of a sale carried out 

20 under paragraph (6)(A)(iii), make available to 

21 the passholder the digital version of the National 

22 Parks and Federal Recreational Lands Pass es23 tablished under subparagraph (A).’’. 


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1 SEC. 206. AVAILABILITY OF FEDERAL, STATE, AND LOCAL 

2 RECREATION PASSES. 

3 Section 806 of the Federal Lands Recreation Enhance4 ment Act (16 U.S.C. 6805) is amended by adding at the 

5 end the following: 

6 ‘‘(d) FEDERAL SALES OF STATE AND COUNTY RECRE7 ATION PASSES.— 

8 ‘‘(1) IN GENERAL.—On receipt of a request by a 

9 State or county, the Secretaries may, on behalf of the 

10 State or county— 

11 ‘‘(A) sell a pass covering a fee charged by 

12 a State or county for entrance to, or recreational 

13 use of, a park or public land in the State or 

14 county; and 

15 ‘‘(B) collect any required fees for a pass sold 

16 under subparagraph (A). 

17 ‘‘(2) REVENUE FROM PASS SALES.—The Secre18 taries shall transfer to the applicable State or county 

19 any amounts collected on behalf of the State or county 

20 under paragraph (1)(B). 

21 ‘‘(e) COORDINATING THE SALES OF FEDERAL, STATE, 

22 AND LOCAL RECREATION PASSES.—The Secretaries, in con23 sultation with States and counties, shall seek to coordinate 

24 the availability of Federal, State, and county recreation 

25 passes to allow an individual to purchase a Federal recreVerDate Sep 11 2014 00:34 Sep 22, 2022 Jkt 029200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6203 E:\BILLS\S3266.RS S3266

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1 ation pass and a State or county recreation pass in a single 

2 transaction.’’. 

3 SEC. 207. USE OF SPECIAL RECREATION PERMIT FEE REV4 ENUE. 

5 Section 808 of the Federal Lands Recreation Enhance6 ment Act (16 U.S.C. 6807) is amended— 

7 (1) by striking ‘‘this Act’’ each place it appears 

8 and inserting ‘‘this title’’; 

9 (2) in subsection (a)(3)— 

10 (A) in subparagraph (E), by striking ‘‘and’’ 

11 at the end; 

12 (B) in subparagraph (F), by striking ‘‘6(a) 

13 or a visitor reservation service.’’ and inserting 

14 ‘‘806(a) or a visitor reservation service;’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(G) the processing of special recreation 

17 permit applications and administration of spe18 cial recreation permits; and 

19 ‘‘(H) the improvement of the operation of 

20 the special recreation permit program under sec21 tion 803(h).’’; and 

22 (3) in subsection (d)— 

23 (A) in paragraph (1), by striking ‘‘section 

24 5’’ and inserting ‘‘section 805’’; and 


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1 (B) in paragraph (2), by striking ‘‘section 

2 5’’ and inserting ‘‘section 805’’. 

3 SEC. 208. PERMANENT AUTHORIZATION. 

4 The Federal Lands Recreation Enhancement Act (16 

5 U.S.C. 6801 et seq.) is amended— 

6 (1) by striking section 810; and 

7 (2) by redesignating sections 811 through 815 as 

8 sections 810 through 814, respectively. 

9 TITLE III—SPECIAL RECREATION 

10 PERMITS FOR OUTFITTING 

11 AND GUIDING 

12 Subtitle A—Administration of Spe13 cial Recreation Permits for Out14 fitting and Guiding 

15 SEC. 311. PERMIT ADMINISTRATION. 

16 (a) PERMIT AVAILABILITY.— 

17 (1) NOTIFICATIONS OF PERMIT AVAILABILITY.— 

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

19 subparagraph (B), in an area of Federal rec20 reational lands and waters in which use by 

21 recreation service providers is allocated, if the 

22 Secretary concerned has determined that visitor23 use days are available for allocation to recre24 ation service providers or holders of a commer25 cial use authorization for outfitting and guiding, 


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1 the Secretary concerned shall publish the infor2 mation on the website of the agency that admin3 isters the applicable area of Federal recreational 

4 lands and waters. 

5 (B) EFFECT.—Nothing in this paragraph— 

6 (i) applies to— 

7 (I) a reissuance of an existing 

8 special recreation permit or an exist9 ing commercial use authorization for 

10 outfitting and guiding; or 

11 (II) a new special recreation per12 mit or new commercial use authoriza13 tion for outfitting and guiding issued 

14 to the purchaser of— 

15 (aa) a recreation service pro16 vider that is the holder of an ex17 isting special recreation permit; 

18 or 

19 (bb) a holder of an existing 

20 commercial use authorization for 

21 outfitting and guiding; or 

22 (ii) creates a prerequisite to the 

23 issuance of a special recreation permit or 

24 commercial use authorization for outfitting 


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1 and guiding or otherwise limits the author2 ity of the Secretary concerned— 

3 (I) to issue a new special recre4 ation permit or new commercial use 

5 authorization for outfitting and guid6 ing; or 

7 (II) to add a new or additional 

8 use to an existing special recreation 

9 permit or an existing commercial use 

10 authorization for outfitting and guid11 ing. 

12 (2) UPDATES.—The Secretary concerned shall 

13 ensure that information published on the website 

14 under this subsection is consistently updated to pro15 vide current and correct information to the public. 

16 (3) ELECTRONIC MAIL NOTIFICATIONS.—The Sec17 retary concerned shall establish a system by which po18 tential applicants for special recreation permits or 

19 commercial use authorizations for outfitting and 

20 guiding may subscribe to receive notification by elec21 tronic mail of the availability of special recreation 

22 permits under subsection (h)(1) of section 803 of the 

23 Federal Lands Recreation Enhancement Act (16 

24 U.S.C. 6802) (as amended by section 203(a)(3)) or 


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1 commercial use authorizations for outfitting and 

2 guiding. 

3 (b) PERMIT APPLICATION OR PROPOSAL ACKNOWL4 EDGMENTS.— 

5 (1) IN GENERAL.—Not later than 60 days after 

6 the date on which the Secretary concerned receives a 

7 completed application or a complete proposal for a 

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

9 section 803 of the Federal Lands Recreation Enhance10 ment Act (16 U.S.C. 6802) (as amended by section 

11 203(a)(3)), the Secretary concerned shall— 

12 (A) provide to the applicant notice acknowl13 edging receipt of the application or proposal; 

14 and 

15 (B)(i) issue a final decision with respect to 

16 the application or proposal; or 

17 (ii) provide to the applicant notice of a pro18 jected date for a final decision on the application 

19 or proposal. 

20 (2) EFFECT.—Nothing in this subsection applies 

21 to a concession contract issued by the National Park 

22 Service for the provision of accommodations, facili23 ties, or services. 


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1 SEC. 312. FOREST SERVICE AND BUREAU OF LAND MANAGE2 MENT TRANSITIONAL SPECIAL RECREATION 

3 PERMITS FOR OUTFITTING AND GUIDING. 

4 (a) IN GENERAL.—Not later than 1 year after the date 

5 of enactment of this Act, the Secretary concerned shall im6 plement a program to authorize the issuance of transitional 

7 special recreation permits for a new or additional reoccur8 ring outfitting, guiding, or other recreation service, as de9 termined by the Secretary concerned, on Federal rec10 reational lands and waters managed by the Chief of the 

11 Forest Service or the Director of the Bureau of Land Man12 agement. 

13 (b) TERM OF TRANSITIONAL PERMITS FOR OUTFIT14 TING AND GUIDING.—A transitional special recreation per15 mit issued under subsection (a) shall be issued for a term 

16 of 2 years. 

17 (c) CONVERSION TO LONG-TERM PERMITS FOR OUT18 FITTING AND GUIDING.— 

19 (1) IN GENERAL.—On the request of a recreation 

20 service provider that holds a transitional special 

21 recreation permit under the program implemented 

22 under subsection (a), the Secretary concerned shall 

23 provide for the conversion of the transitional special 

24 recreation permit to a long-term special recreation 

25 permit for outfitting and guiding if the Secretary 


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1 concerned determines that the recreation service pro2 vider— 

3 (A) has held not less than 2 transitional 

4 special recreation permits or similar permits 

5 issued under— 

6 (i) the program implemented under 

7 subsection (a); or 

8 (ii) any other program to issue similar 

9 special recreation permits in existence be10 fore the date of enactment of this Act; 

11 (B) during the 3-year period preceding the 

12 request, has not been determined to have a per13 formance that is less than satisfactory, as deter14 mined under the monitoring process described in 

15 section 314(a), for any transitional special recre16 ation permits or similar special recreation per17 mits issued by the Secretary concerned, includ18 ing the transitional special recreation permit 

19 proposed to be converted, for the respective unit 

20 of Federal recreational lands and waters; and 

21 (C) notwithstanding section 314(b)(3), has 

22 used not less than 50 percent of the visitor-use 

23 days allocated to the recreation service provider 

24 under the transitional special recreation permit. 


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1 (2) TERM.—The term of a special recreation per2 mit converted to a long-term special recreation permit 

3 under this subsection shall be for a period of 5 or 10 

4 years, as determined to be appropriate by the Sec5 retary concerned. 

6 (3) VISITOR-USE DAY ALLOCATIONS.—In con7 verting a transitional special recreation permit under 

8 paragraph (1) to a long-term special recreation per9 mit for outfitting and guiding, the Secretary con10 cerned may, at the discretion of the Secretary con11 cerned, increase the number of visitor-use days allo12 cated to the recreation service provider under the 

13 long-term special recreation permit for outfitting and 

14 guiding. 

15 (d) EFFECT.—Nothing in this section alters or affects 

16 the authority of the Secretary concerned to issue a special 

17 recreation permit under subsection (h)(1) of section 803 of 

18 the Federal Lands Recreation Enhancement Act (16 U.S.C. 

19 6802) (as amended by section 203(a)(3)). 

20 SEC. 313. SURRENDER OF UNUSED VISITOR-USE DAYS. 

21 (a) IN GENERAL.—A recreation service provider hold22 ing a special recreation permit described in paragraph 

23 (13)(A)(iv) of section 802 of the Federal Lands Recreation 

24 Enhancement Act (16 U.S.C. 6801) (as amended by section 

25 202(10)) may— 


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1 (1) notify the Secretary concerned of an inability 

2 to use visitor-use days annually allocated to the recre3 ation service provider under the special recreation 

4 permit; and 

5 (2) surrender to the Secretary concerned the un6 used visitor-use days for the applicable year for tem7 porary reassignment under section 315(b). 

8 (b) DETERMINATION.—To ensure a recreation service 

9 provider described in subsection (a) is able to make an in10 formed decision before surrendering any unused visitor-use 

11 day under subsection (a)(2), the Secretary concerned shall, 

12 on the request of the applicable recreation service provider, 

13 determine and notify the recreation service provider wheth14 er the unused visitor-use day meets the requirement de15 scribed in section 314(b)(3)(B) before the recreation service 

16 provider surrenders the unused visitor-use day. 

17 SEC. 314. PERMIT REVIEWS. 

18 (a) MONITORING.—The Secretary concerned shall 

19 monitor for compliance a recreation service provider— 

20 (1) annually, in the case of a transitional spe21 cial recreation permit for outfitting and guiding 

22 issued under section 312; 

23 (2) once every 2 years, in the case of a special 

24 recreation permit described in paragraph 

25 (13)(A)(iv)(I) of section 802 of the Federal Lands 


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1 Recreation Enhancement Act (16 U.S.C. 6801) (as 

2 amended by section 202(10)) that is issued for a term 

3 of 10 years; 

4 (3) in the case of a special recreation permit 

5 converted under section 312 to a long-term special 

6 recreation permit for outfitting and guiding with a 

7 term of 10 years, during each of the 4th, 6th, 8th, and 

8 10th years in which the long-term special recreation 

9 permit is in effect; and 

10 (4) in the case of a special recreation permit 

11 converted under section 312 to a long-term special 

12 recreation permit for outfitting and guiding with a 

13 term of 5 years, during each of the 4th and 5th years 

14 in which the special recreation permit is in effect. 

15 (b) USE-OF-ALLOCATION REVIEWS.— 

16 (1) IN GENERAL.—If the Secretary of Agri17 culture, acting through the Chief of the Forest Service, 

18 or the Secretary, as applicable, allocates visitor-use 

19 days among special recreation permits for outfitting 

20 and guiding, the Secretary of Agriculture, acting 

21 through the Chief of the Forest Service, shall, and the 

22 Secretary may, review the use by the recreation serv23 ice provider of the visitor-use days allocated— 

24 (A) under a transitional special recreation 

25 permit issued under section 312, not later than 


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1 90 days before the date on which the transitional 

2 special recreation permit expires; and 

3 (B) under a long-term special recreation 

4 permit described in paragraph (13)(A)(iv)(I) of 

5 section 802 of the Federal Lands Recreation En6 hancement Act (16 U.S.C. 6801) (as amended by 

7 section 202(10)), once every 5 years. 

8 (2) REQUIREMENTS OF THE REVIEW.—In con9 ducting a review under paragraph (1), the Secretary 

10 of Agriculture, acting through the Chief of the Forest 

11 Service, or the Secretary, as applicable, shall deter12 mine— 

13 (A) the number of visitor-use days that the 

14 recreation service provider has used each year 

15 under the transitional special recreation permit 

16 or the special recreation permit, in accordance 

17 with paragraph (3); and 

18 (B) of the years identified under subpara19 graph (A), the year in which the recreation serv20 ice provider used the most visitor-use days. 

21 (3) CONSIDERATION OF SURRENDERED, UNUSED

22 VISITOR-USE DAYS.—For the purposes of determining 

23 the number of visitor-use days a recreation service 

24 provider has used in a specified year under para25 graph (2)(A), the Secretary of Agriculture, acting 


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1 through the Chief of the Forest Service, and the Sec2 retary, as applicable, shall consider an unused vis3 itor-use day that has been surrendered under section 

4 313(a)(2) as— 

(A) 1 5 ⁄2 of a visitor-use day used; or 

6 (B) 1 visitor-use day used, if the Secretary 

7 of Agriculture, acting through the Chief of the 

8 Forest Service, or the Secretary, as applicable, 

9 determines the use of the allocated visitor-use 

10 day had been or will be prevented by a cir11 cumstance beyond the control of the recreation 

12 service provider. 

13 SEC. 315. ADJUSTMENT OF ALLOCATED VISITOR-USE DAYS. 

14 (a) ADJUSTMENTS FOLLOWING USE OF ALLOCATION

15 REVIEWS.—On the completion of a use-of-allocation review 

16 of a special recreation permit described in paragraph 

17 (13)(A)(iv)(I) of section 802 of the Federal Lands Recre18 ation Enhancement Act (16 U.S.C. 6801) (as amended by 

19 section 202(10)) conducted under section 314(b), the Sec20 retary of Agriculture, acting through the Chief of the Forest 

21 Service, or the Secretary, as applicable, shall adjust the 

22 number of visitor-use days allocated to a recreation service 

23 provider under the special recreation permit as follows: 

24 (1) If the Secretary concerned determines that 

25 the performance of the recreation service provider was 


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1 satisfactory during the most recent review conducted 

2 under subsection (a) of section 314, the annual num3 ber of visitor-use days allocated for each remaining 

4 year of the permit shall be equal to 125 percent of the 

5 number of visitor-use days used, as determined under 

6 subsection (b)(2)(A) of that section, during the year 

7 identified under subsection (b)(2)(B) of that section, 

8 not to exceed the level allocated to the special recre9 ation permit holder on the date on which the special 

10 recreation permit was issued. 

11 (2) If the Secretary concerned determines the 

12 performance of the recreation service provider is less 

13 than satisfactory during the most recent performance 

14 review conducted under subsection (a) of section 314, 

15 the annual number of visitor-use days allocated for 

16 each remaining year of the permit shall be equal to 

17 not more than 100 percent of the number of visitor18 use days used, as determined under subsection 

19 (b)(2)(A) of that section during the year identified 

20 under subsection (b)(2)(B) of that section. 

21 (b) TEMPORARY REASSIGNMENT OF UNUSED DAYS.— 

22 The Secretary concerned may temporarily assign unused 

23 visitor use-days, made available under section 313(a)(2) 

24 to— 


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1 (1) any other existing or potential recreation 

2 service provider, notwithstanding the number of vis3 itor-use days allocated to the special recreation per4 mit holder under the special recreation permit held or 

5 to be held by the recreation service provider; or 

6 (2) any existing or potential holder of a special 

7 recreation permit described in clause (i) or (iii) of 

8 paragraph (13)(A) of section 802 of the Federal 

9 Lands Recreation Enhancement Act (16 U.S.C. 6801) 

10 (as amended by section 202(10)), including the pub11 lic. 

12 (c) ADDITIONAL CAPACITY.—If unallocated visitor-use 

13 days are available, the Secretary concerned may, at any 

14 time, revise a special recreation permit to assign additional 

15 visitor-use days to a qualified recreation service provider. 

16 Subtitle B—Additional Provisions 

17 Relating to Special Recreation 

18 Permits 

19 SEC. 321. PERMITTING PROCESS IMPROVEMENTS. 

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

21 issuance and reissuance of special recreation permits and 

22 reduce the cost of administering special recreation permits 

23 under subsection (h) of section 803 of the Federal Lands 

24 Recreation Enhancement Act (16 U.S.C. 6802) (as amended 

25 by section 203(a)(3)), the Secretaries shall— 


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1 (1) not later than 1 year after the date of enact2 ment of this Act— 

3 (A) evaluate the process for issuing special 

4 recreation permits; and 

5 (B) based on the evaluation under subpara6 graph (A), identify opportunities— 

7 (i) to eliminate duplicative processes 

8 with respect to issuing special recreation 

9 permits; 

10 (ii) to reduce costs for the issuance of 

11 special recreation permits; 

12 (iii) to decrease processing times for 

13 special recreation permits; and 

14 (iv) to issue simplified special recre15 ation permits; and 

16 (2) not later than 1 year after the date on which 

17 the Secretaries complete the evaluation and identifica18 tion processes under paragraph (1), revise, as nec19 essary, relevant agency regulations and guidance doc20 uments, including regulations and guidance docu21 ments relating to the environmental review process, 

22 for special recreation permits to implement the im23 provements identified under paragraph (1)(B). 

24 (b) ENVIRONMENTAL REVIEWS.— 


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1 (1) IN GENERAL.—The Secretary concerned shall, 

2 to the maximum extent practicable, utilize available 

3 tools, including tiering to existing programmatic re4 views, as appropriate, to facilitate an effective and ef5 ficient environmental review process for activities un6 dertaken by the Secretary concerned relating to the 

7 issuance of special recreation permits. 

8 (2) CATEGORICAL EXCLUSIONS.—Not later than 

9 1 year after the date of enactment of this Act, the Sec10 retary concerned shall— 

11 (A) evaluate— 

12 (i) whether existing categorical exclu13 sions available to the Secretary concerned 

14 on the date of enactment of this Act are con15 sistent with the provisions of this Act; and 

16 (ii) whether a modification of an exist17 ing categorical exclusion or the establish18 ment of 1 or more new categorical exclu19 sions developed in compliance with the Na20 tional Environmental Policy Act of 1969 

21 (42 U.S.C. 4321 et seq.) is necessary to un22 dertake an activity described in paragraph 

23 (1) in a manner consistent with the au24 thorities and requirements in this Act; and 


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1 (B) revise relevant agency regulations and 

2 policy statements, as necessary, to modify exist3 ing categorical exclusions or incorporate new 

4 categorical exclusions based on the evaluation 

5 conducted under subparagraph (A). 

6 (c) NEEDS ASSESSMENTS.—Except as required under 

7 subsection (c) or (d) of section 4 of the Wilderness Act (16 

8 U.S.C. 1133), the Secretary concerned shall not conduct a 

9 needs assessment as a condition of issuing a special recre10 ation permit under subsection (h) of section 803 of the Fed11 eral Lands Recreation Enhancement Act (16 U.S.C. 6802) 

12 (as amended by section 203(a)(3)). 

13 (d) ONLINE APPLICATIONS.—Not later than 2 years 

14 after the date of enactment of this Act, the Secretaries shall 

15 make the application for a special recreation permit under 

16 subsection (h) of section 803 of the Federal Lands Recre17 ation Enhancement Act (16 U.S.C. 6802) (as amended by 

18 section 203(a)(3)), including a reissuance of a special recre19 ation permit under that section, available for completion 

20 and submission— 

21 (1) online; 

22 (2) by mail or electronic mail; and 

23 (3) in person at the field office for the applicable 

24 Federal recreational lands and waters. 


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1 (e) ORGANIZED GROUP ACTIVITY OR EVENT SPECIAL

2 RECREATION PERMITS.— 

3 (1) DEFINITIONS.—In this subsection: 

4 (A) ORGANIZED GROUP ACTIVITY OR EVENT

5 SPECIAL RECREATION PERMIT.—The term ‘‘orga6 nized group activity or event special recreation 

7 permit’’ means a special recreation permit de8 scribed in paragraph (13)(A)(iii)(I) of section 

9 802 of the Federal Lands Recreation Enhance10 ment Act (16 U.S.C. 6801) (as amended by sec11 tion 202(10)). 

12 (B) YOUTH GROUP.—The term ‘‘youth 

13 group’’ means a recreation service provider that 

14 predominantly serves individuals not older than 

15 25 years of age. 

16 (2) EXEMPTION FROM CERTAIN ALLOCATIONS OF

17 USE.—If the Secretary concerned allocates visitor-use 

18 days available for an area or activity on Federal rec19 reational lands and waters among recreation service 

20 providers that hold a permit described in paragraph 

21 (13)(A)(iv) of section 802 of the Federal Lands Recre22 ation Enhancement Act (16 U.S.C. 6801) (as amend23 ed by section 202(10)), an organized group activity or 

24 event special recreation permit shall not be subject to 

25 that allocation of visitor-use days. 


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1 (3) ISSUANCE.— 

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

3 subparagraphs (B) and (C), if use by the general 

4 public is not subject to a limited entry permit 

5 system and capacity is available for the times or 

6 days in which the proposed activity or event 

7 would be undertaken under an application for 

8 an organized group activity or event special 

9 recreation permit submitted by a recreation serv10 ice provider (including a youth group), the Sec11 retary concerned may issue the organized group 

12 activity or event special recreation permit, sub13 ject to any terms and conditions determined to 

14 be appropriate by the Secretary concerned. 

15 (B) NOMINAL EFFECTS PERMITS.—Except 

16 as provided in subparagraph (C), if the Sec17 retary concerned determines that an activity or 

18 event to be undertaken by a recreation service 

19 provider (including a youth group) proposed in 

20 an application for an organized group activity 

21 or event special recreation permit would require 

22 terms and conditions to ensure the proposed ac23 tivity or event would have only nominal effects 

24 on Federal recreational lands and waters, re25 sources, and programs, the Secretary concerned 


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1 shall issue the organized group activity or event 

2 special recreation permit, subject to such terms 

3 and conditions, if use by the general public is 

4 not subject to a limited entry permit system and 

5 capacity is available for the times or days in 

6 which the proposed activity or event would be 

7 undertaken under the organized group activity 

8 or event special recreation permit. 

9 (C) NO PERMIT REQUIRED.—The Secretary 

10 concerned shall not require an organized group 

11 activity or event special recreation permit for a 

12 recreation activity or event conducted by a spe13 cial recreation provider (including a youth 

14 group) if the Secretary concerned determines 

15 based on the review of a proposal that— 

16 (i) the proposed activity or event to be 

17 undertaken would have only nominal effects 

18 on Federal recreational lands and waters, 

19 resources, and programs; and 

20 (ii) establishing additional terms and 

21 conditions for the proposed activity or event 

22 is not necessary to protect or avoid conflict 

23 on or with Federal recreational lands and 

24 waters, resources, and programs. 


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1 (4) FEES.—The Secretary concerned may elect 

2 not to charge a fee to a recreation service provider 

3 (including a youth group) for an organized group ac4 tivity or event special recreation permit. 

5 (5) SAVINGS CLAUSE.—Nothing in this sub6 section prevents the Secretary concerned from lim7 iting or abating issuance of an organized group activ8 ity or event special recreation permit, based on re9 source conditions, administrative burdens, or safety 

10 issues. 

11 SEC. 322. SERVICE FIRST INITIATIVE AND MULTIJURIS12 DICTIONAL TRIPS. 

13 (a) REPEAL.—Section 330 of the Department of the 

14 Interior and Related Agencies Appropriations Act, 2001 

15 (43 U.S.C. 1703), is repealed. 

16 (b) COOPERATIVE ACTION AND SHARING OF RE17 SOURCES BY THE SECRETARIES OF THE INTERIOR AND AG18 RICULTURE.— 

19 (1) IN GENERAL.—For fiscal year 2012 and each 

20 fiscal year thereafter, the Secretaries, subject to an21 nual review of Congress, may carry out an initiative, 

22 to be known as the ‘‘Service First Initiative’’, under 

23 which the Secretaries and agencies and bureaus with24 in the Department of the Interior and the Department 

25 of Agriculture— 


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1 (A) may establish programs to conduct 

2 projects, planning, permitting, leasing, con3 tracting, and other activities, either jointly or on 

4 behalf of each other; 

5 (B) may co-locate in Federal offices and fa6 cilities leased by an agency of the Department of 

7 the Interior or the Department of Agriculture; 

8 and 

9 (C) may issue special rules to test the feasi10 bility of issuing unified permits, applications, 

11 and leases. 

12 (2) DELEGATIONS OF AUTHORITY.—The Secre13 taries may make reciprocal delegations of the respec14 tive authorities, duties, and responsibilities of the Sec15 retaries in support of the Service First Initiative 

16 agency-wide to promote customer service and effi17 ciency. 

18 (3) EFFECT.—Nothing in this section alters, ex19 pands, or limits the applicability of any law (includ20 ing regulations) to land administered by the Bureau 

21 of Land Management, National Park Service, United 

22 States Fish and Wildlife Service, or the Forest Service 

23 or matters under the jurisdiction of any other bureaus 

24 or offices of the Department of the Interior or the De25 partment of Agriculture, as applicable. 


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1 (4) TRANSFERS OF FUNDING.—To facilitate the 

2 sharing of resources under the Service First Initia3 tive, the Secretaries may make transfers of funds and 

4 reimbursements of funds on an annual basis, includ5 ing transfers and reimbursements for multi-year 

6 projects, subject to the limitation that this authority 

7 may not be used to circumvent requirements and lim8 itations imposed on the use of funds. 

9 (c) PILOT PROGRAM FOR PERMITS FOR MULTIJURIS10 DICTIONAL TRIPS.— 

11 (1) IN GENERAL.—Not later than 2 years after 

12 the date of enactment of this Act, the Secretaries shall 

13 establish a pilot program to offer to a person seeking 

14 an authorization for a multijurisdictional trip a sin15 gle joint special recreation permit or commercial use 

16 authorization that authorizes the use of each unit of 

17 Federal recreational lands and waters on which the 

18 multijurisdictional trip occurs. 

19 (2) MINIMUM NUMBER OF PERMITS.—Not later 

20 than 4 years after the date of enactment of this Act, 

21 the Secretaries shall issue not fewer than 10 single 

22 joint special recreation permits described in para23 graph (13)(A)(iv) of section 802 of the Federal Lands 

24 Recreation Enhancement Act (16 U.S.C. 6801) (as 

25 amended by section 202(10)) or commercial use auVerDate Sep 11 2014 00:34 Sep 22, 2022 Jkt 029200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6203 E:\BILLS\S3266.RS S3266

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1 thorizations under the pilot program established 

2 under paragraph (1). 

3 (3) LEAD AGENCIES.—In carrying out the pilot 

4 program established under paragraph (1), the Secre5 taries shall— 

6 (A) designate a lead agency for issuing and 

7 administering a single joint special recreation 

8 permit or commercial use authorization; and 

9 (B) select not fewer than 4 offices at which 

10 a person shall be able to apply for a single joint 

11 special recreation permit or commercial use au12 thorization, of which— 

13 (i) not fewer than 2 offices are man14 aged by the Secretary; and 

15 (ii) not fewer than 2 offices are man16 aged by the Secretary of Agriculture, acting 

17 through the Chief of the Forest Service. 

18 (4) RETENTION OF AUTHORITY BY THE APPLICA19 BLE SECRETARY.—Each of the Secretaries shall retain 

20 the authority to enforce the terms, stipulations, condi21 tions, and agreements in a single joint special recre22 ation permit or commercial use authorization issued 

23 under the pilot program established under paragraph 

24 (1) that apply specifically to the use occurring on the 


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1 Federal recreational lands and waters managed by 

2 the applicable Secretary. 

3 (5) OPTION TO APPLY FOR SEPARATE PERMITS

4 OR COMMERCIAL USE AUTHORIZATIONS.—A person 

5 seeking an authorization for a multijurisdictional 

6 trip may apply for— 

7 (A) a separate special recreation permit or 

8 commercial use authorization for the use of each 

9 unit of Federal recreational lands and waters on 

10 which the multijurisdictional trip occurs; or 

11 (B) a single joint special recreational per12 mit or commercial use authorization made avail13 able under the pilot program established under 

14 paragraph (1). 

15 (6) EFFECT.—Nothing in this subsection applies 

16 to a concession contract issued by the National Park 

17 Service for the provision of accommodations, facili18 ties, or services. 

19 SEC. 323. PERMIT FLEXIBILITY. 

20 (a) IN GENERAL.—The Secretary concerned shall es21 tablish guidelines to allow a holder of a special recreation 

22 permit under subsection (h) of section 803 of the Federal 

23 Lands Recreation Enhancement Act (16 U.S.C. 6802) (as 

24 amended by section 203(a)(3)), on the approval of the Sec25 retary concerned, to engage in another recreational activity 


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1 under the special recreation permit that is substantially 

2 similar to the specific activity authorized under the special 

3 recreation permit. 

4 (b) CRITERIA.—For the purposes of this section, a rec5 reational activity shall be considered to be a substantially 

6 similar recreational activity if the recreational activity— 

7 (1) is comparable in type, nature, scope, and ec8 ological setting to the specific activity authorized 

9 under the special recreation permit; 

10 (2) does not result in a greater impact on nat11 ural and cultural resources than the impact of the au12 thorized activity; 

13 (3) does not adversely affect— 

14 (A) any other holder of a special recreation 

15 permit or other permit; or 

16 (B) any other authorized use of the Federal 

17 recreational lands and waters; and 

18 (4) is consistent with— 

19 (A) any applicable laws (including regula20 tions); and 

21 (B) the land management plan, resource 

22 management plan, or equivalent plan applicable 

23 to the Federal recreational lands and waters. 

24 (c) EFFECT.—Nothing in this section affects any au25 thority of, regulation issued by, or decision of the Secretary 


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1 concerned relating to the use of electric bicycles on Federal 

2 recreational lands and waters under any other Federal law. 

3 SEC. 324. LIABILITY. 

4 (a) INSURANCE REQUIREMENTS.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), as a condition of issuing a special recre7 ation permit under subsection (h)(1)(B) of section 

8 803 of the Federal Lands Recreation Enhancement 

9 Act (16 U.S.C. 6802) (as amended by section 

10 203(a)(3)) or a commercial use authorization, the 

11 Secretary concerned may require the holder of the spe12 cial recreation permit or commercial use authoriza13 tion to have a commercial general liability insurance 

14 policy that— 

15 (A) is commensurate with the level of risk 

16 of the activities to be conducted under the special 

17 recreation permit or commercial use authoriza18 tion; and 

19 (B) includes the United States as an addi20 tional insured in an endorsement to the applica21 ble policy. 

22 (2) EXCEPTION.—The Secretary concerned shall 

23 not require a holder of a special recreation permit or 

24 commercial use authorization for low-risk activities, 

25 as determined by the Secretary concerned, including 


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1 commemorative ceremonies and participation by the 

2 public in a recreation activity or recreation use of a 

3 specific area of Federal recreational lands and waters 

4 in which use by the public is allocated, to comply 

5 with the requirements of paragraph (1). 

6 (b) INDEMNIFICATION BY GOVERNMENTAL ENTI7 TIES.—The Secretary concerned shall not require a State, 

8 State agency, State institution, or political subdivision of 

9 a State to indemnify the United States for tort liability 

10 as a condition for issuing a special recreation permit or 

11 commercial use authorization to the extent the State, State 

12 agency, State institution, or political subdivision of a State 

13 is precluded by State law from providing indemnification 

14 to the United States for tort liability, if the State, State 

15 agency, State institution, or political subdivision of the 

16 State maintains the minimum amount of liability insur17 ance coverage required by the Federal land management 

18 agency for the activities conducted under the special recre19 ation permit or commercial use authorization in the form 

20 of— 

21 (1) a commercial general liability insurance pol22 icy, which includes the United States as an addi23 tional insured in an endorsement to the policy, if the 

24 State is authorized to obtain commercial general li25 ability insurance by State law; or 


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1 (2) self-insurance, which covers the United States 

2 as an additional insured, if authorized by State law. 

3 (c) EXCULPATORY AGREEMENTS.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), a Federal land management agency shall 

6 not implement, administer, or enforce any regulation, 

7 guidance, or policy prohibiting the use of an excul8 patory agreement between a recreation service pro9 vider or a holder of a commercial use authorization 

10 and a customer relating to services provided under a 

11 special recreation permit or a commercial use author12 ization. 

13 (2) REQUIREMENTS.—Any exculpatory agree14 ment used by a recreation service provider or holder 

15 of a commercial use authorization for an activity au16 thorized under a special recreation permit or commer17 cial use authorization— 

18 (A) shall shield the United States from any 

19 liability, if otherwise allowable under Federal 

20 law; and 

21 (B) shall not waive any liability of the 

22 recreation service provider that may not be 

23 waived under the laws (including common law) 

24 of the applicable State or for gross negligence, 

25 recklessness, or willful misconduct. 


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1 (3) CONSISTENCY.—Not later than 2 years after 

2 the date of enactment of this Act, the Secretaries 

3 shall— 

4 (A) review the policies of the Secretaries 

5 pertaining to the use of exculpatory agreements 

6 by recreation service providers; and 

7 (B) revise any policy described in subpara8 graph (A) as necessary to make the policies of 

9 the Secretaries pertaining to the use of excul10 patory agreements by recreation service pro11 viders consistent with this subsection and across 

12 all Federal recreational lands and waters. 

13 (d) EFFECT.—Nothing in this section applies to a con14 cession contract issued by the National Park Service for the 

15 provision of accommodations, facilities, or services. 

16 SEC. 325. COST RECOVERY REFORM. 

17 (a) COST RECOVERY FOR SPECIAL RECREATION PER18 MITS.—In addition to a fee collected under section 803 of 

19 the Federal Lands Recreation Enhancement Act (16 U.S.C. 

20 6802) or any other authorized fee collected by the Secretary 

21 concerned, the Secretary concerned may assess and collect 

22 a reasonable fee from an applicant for, and holder of, a 

23 special recreation permit to recover administrative costs in24 curred by the Secretary concerned for— 

25 (1) processing the special recreation permit; and 


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1 (2) monitoring the special recreation permit to 

2 ensure compliance with the terms and conditions of 

3 the special recreation permit. 

4 (b) DE MINIMIS EXEMPTIONS FROM COST RECOV5 ERY.— 

6 (1) IN GENERAL.—If the administrative costs de7 scribed in subsection (a) are assessed on an hourly 

8 basis, the Secretary concerned shall establish an hour9 ly de minimis threshold that exempts a specified 

10 number of hours from the assessment and collection of 

11 administrative costs described in subsection (a). 

12 (2) EXEMPTION.—If the Secretary concerned es13 tablishes a threshold under paragraph (1) and as14 sesses a fee under subsection (a), the Secretary con15 cerned shall charge an applicant only for any hours 

16 that exceed the de minimis threshold. 

17 (c) MULTIPLE APPLICATIONS.—If the Secretary con18 cerned processes multiple applications for special recreation 

19 permits for similar services in the same unit of Federal rec20 reational lands and waters, the Secretary concerned shall, 

21 to the extent practicable— 

22 (1) assess from the applicants the fee described in 

23 subsection (a) on a prorated basis; and 

24 (2) apply the exemption described in subsection 

25 (b) to each applicant on an individual basis. 


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1 (d) LIMITATION.—The Secretary concerned shall not 

2 assess or collect administrative costs under this section for 

3 a programmatic environmental review. 

4 SEC. 326. PERMIT RELIEF FOR PICNIC AREAS. 

5 (a) IN GENERAL.—If the Secretary concerned does not 

6 require the public to obtain a permit or reservation to access 

7 a picnic area on Federal recreational lands and waters ad8 ministered by the Chief of the Forest Service or Director 

9 of the Bureau of Land Management, the Secretary con10 cerned may not require a covered person described in sub11 section (b) to obtain a permit solely to access the picnic 

12 area. 

13 (b) DESCRIPTION OF COVERED PERSONS.—A covered 

14 person referred to in subsection (a) is a person (including 

15 an educational group) that provides— 

16 (1) outfitting and guiding services on Federal 

17 recreational lands and waters; and 

18 (2) the services described in paragraph (1) to 

19 fewer than 40 customers annually at the picnic area. 

20 SEC. 327. INTERAGENCY REPORT ON SPECIAL RECREATION 

21 PERMITS FOR UNDERSERVED COMMUNITIES. 

22 (a) DEFINITION OF COVERED COMMUNITY.—In this 

23 section, the term ‘‘covered community’’ means a rural or 

24 urban, low-income, or underserved community, including 

25 an Indian Tribe, that has been underrepresented in outdoor 


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1 recreation opportunities on Federal recreational lands and 

2 waters. 

3 (b) REPORT.—Not later than 3 years after the date 

4 of enactment of this Act, the Secretaries, acting jointly, 

5 shall submit to the Committee on Energy and Natural Re6 sources of the Senate and the Committee on Natural Re7 sources of the House of Representatives a report that de8 scribes— 

9 (1) the estimated use of special recreation per10 mits serving covered communities; 

11 (2) examples of special recreation permits, part12 nerships, cooperative agreements, or other arrange13 ments providing access to Federal recreational lands 

14 and waters for covered communities; 

15 (3) other ways covered communities are engaging 

16 on Federal recreational lands and waters, including 

17 through stewardship and conservation projects or ac18 tivities; 

19 (4) any barriers for recreation service providers 

20 or prospective recreation service providers operating 

21 within or serving a covered community; and 

22 (5) any recommendations to facilitate and in23 crease permitted access to Federal recreational lands 

24 and waters for covered communities. 


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1 Subtitle C—Effect 

2 SEC. 331. EFFECT. 

3 Except as provided in sections 311(a), 322, and 324, 

4 nothing in this title (including an amendment made by this 

5 title) affects the authority or responsibility of the Secretary 

6 to award concessions contracts for the provision of accom7 modations, facilities, or services, or commercial use author8 izations. 

9 TITLE IV—MISCELLANEOUS 

10 PROVISIONS 

11 SEC. 401. FILMING AND STILL PHOTOGRAPHY WITHIN THE 

12 NATIONAL PARK SYSTEM AND ON OTHER 

13 FEDERAL LAND. 

14 (a) FILMING IN NATIONAL PARK SYSTEM UNITS.— 

15 (1) IN GENERAL.—Chapter 1009 of title 54, 

16 United States Code, is amended by striking section 

17 100905 and inserting the following: 

18 ‘‘§ 100905. Filming and still photography in System 

19 units 

20 ‘‘(a) FILMING AND STILL PHOTOGRAPHY.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

22 that a filming or still photography activity or similar 

23 project in a System unit (referred to in this section 

24 as a ‘filming or still photography activity’) and the 


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1 authorizing or permitting of a filming or still photog2 raphy activity are carried out consistent with— 

3 ‘‘(A) the laws and policies applicable to the 

4 Service; and 

5 ‘‘(B) an applicable general management 

6 plan. 

7 ‘‘(2) NO PERMITS REQUIRED.—The Secretary 

8 shall not require an authorization or a permit or as9 sess a fee, if a fee for a filming or still photography 

10 activity is not otherwise required by law, for a film11 ing or still photography activity that— 

12 ‘‘(A)(i) involves fewer than 6 individuals; 

13 and 

14 ‘‘(ii) meets each of the requirements de15 scribed in paragraph (5); or 

16 ‘‘(B) is merely incidental to, or docu17 menting, an activity or event that is allowed or 

18 authorized at the System unit, regardless of— 

19 ‘‘(i) the number of individuals partici20 pating in the allowed or authorized activity 

21 or event; or 

22 ‘‘(ii) whether any individual receives 

23 compensation for any products of the film24 ing or still photography activity. 


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1 ‘‘(3) FILMING AND STILL PHOTOGRAPHY AU2 THORIZATIONS FOR DE MINIMIS USE.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall es4 tablish a de minimis use authorization for cer5 tain filming or still photography activities that 

6 meets the requirements described in subpara7 graph (F). 

8 ‘‘(B) POLICY.—For a filming or still pho9 tography activity that meets the requirements de10 scribed in subparagraph (F), the Secretary— 

11 ‘‘(i) may require a de minimis use au12 thorization; and 

13 ‘‘(ii) shall not require a permit. 

14 ‘‘(C) NO FEE.—The Secretary shall not 

15 charge a fee for a de minimis use authorization 

16 under this paragraph. 

17 ‘‘(D) ACCESS.—The Secretary shall enable 

18 members of the public to apply for and obtain a 

19 de minimis use authorization under this para20 graph— 

21 ‘‘(i) through the website of the Service; 

22 and 

23 ‘‘(ii) in person at the field office of the 

24 applicable System unit. 

25 ‘‘(E) ISSUANCES.—The Secretary shall— 


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1 ‘‘(i) establish a procedure— 

2 ‘‘(I) to automate the approval of 

3 an application submitted through the 

4 website of the Service under subpara5 graph (D)(i); and 

6 ‘‘(II) to issue a de minimis use 

7 authorization under this paragraph 

8 immediately on receipt of an applica9 tion that is submitted in person at the 

10 field office of the applicable System 

11 unit under subparagraph (D)(ii); and 

12 ‘‘(ii) if an application submitted under 

13 subparagraph (D) meets the requirements of 

14 this paragraph, immediately on receipt of 

15 the application issue a de minimis use au16 thorization for the filming or still photog17 raphy activity. 

18 ‘‘(F) REQUIREMENTS.—The Secretary shall 

19 only issue a de minimis use authorization under 

20 this paragraph if the filming or still photog21 raphy activity— 

22 ‘‘(i) involves a group of not fewer than 

23 6 individuals and not more than 8 individ24 uals; 


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1 ‘‘(ii) meets each of the requirements de2 scribed in paragraph (5); and 

3 ‘‘(iii) is consistent with subsection (c). 

4 ‘‘(G) CONTENTS.—A de minimis use au5 thorization issued under this paragraph shall list 

6 the requirements described in subparagraph (F). 

7 ‘‘(4) REQUIRED PERMITS.—Except as provided 

8 in paragraph (2)(B), the Secretary may require a 

9 permit application and, if a permit is issued, assess 

10 a reasonable fee, as described in subsection (b)(1), for 

11 a filming or still photography activity that— 

12 ‘‘(A) involves more than 8 individuals; 

13 ‘‘(B) does not meet each of the requirements 

14 described in paragraph (5); or 

15 ‘‘(C) is conducted in a component of the 

16 National Wilderness Preservation System. 

17 ‘‘(5) REQUIREMENTS FOR FILMING OR STILL

18 PHOTOGRAPHY ACTIVITY.—The requirements referred 

19 to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B) , and 

20 (7)(C) are as follows: 

21 ‘‘(A) A person conducts the filming or still 

22 photography activity in a manner that— 

23 ‘‘(i) does not impede or intrude on the 

24 experience of other visitors to the applicable 

25 System unit; 


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1 ‘‘(ii) except as otherwise authorized, 

2 does not disturb or negatively impact— 

3 ‘‘(I) a natural or cultural re4 source; or 

5 ‘‘(II) an environmental or scenic 

6 value; and 

7 ‘‘(iii) allows for equitable allocation or 

8 use of facilities of the applicable System 

9 unit. 

10 ‘‘(B) The person conducts the filming or 

11 still photography activity at a location in which 

12 the public is allowed. 

13 ‘‘(C) The person conducting the filming or 

14 still photography activity does not require the 

15 exclusive use of a site or area. 

16 ‘‘(D) The person does not conduct the film17 ing or still photography activity in a localized 

18 area that receives a very high volume of visita19 tion. 

20 ‘‘(E) The person conducting the filming or 

21 still photography activity does not use a set or 

22 staging equipment, subject to the limitation that 

23 handheld equipment (such as a tripod, monopod, 

24 and handheld lighting equipment) shall not be 


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1 considered staging equipment for the purposes of 

2 this subparagraph. 

3 ‘‘(F) The person conducting the filming or 

4 still photography activity complies with and ad5 here to visitor use policies, practices, and regula6 tions applicable to the applicable System unit. 

7 ‘‘(G) The filming or still photography activ8 ity is not likely to result in additional adminis9 trative costs being incurred by the Secretary 

10 with respect to the filming or still photography 

11 activity, as determined by the Secretary. 

12 ‘‘(H) The person conducting the filming or 

13 still photography activity complies with other 

14 applicable Federal, State, and local laws (in15 cluding regulations), including laws relating to 

16 the use of unmanned aerial equipment. 

17 ‘‘(6) CONTENT CREATION.—Regardless of dis18 tribution platform, any video, still photograph, or 

19 audio recording for commercial or noncommercial 

20 content creation in a System unit shall be considered 

21 to be a filming or still photography activity under 

22 this subsection. 

23 ‘‘(7) EFFECT.— 

24 ‘‘(A) PERMITS REQUESTED THOUGH NOT

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1 ing to carry out a filming or still photography 

2 activity, the Secretary may issue a permit for 

3 the filming or still photography activity, even if 

4 a permit for the filming or still photography ac5 tivity is not required under this section. 

6 ‘‘(B) NO ADDITIONAL PERMITS, COMMER7 CIAL USE AUTHORIZATIONS, OR FEES FOR FILM8 ING AND STILL PHOTOGRAPHY AT AUTHORIZED

9 EVENTS.—A filming or still photography activity 

10 at an activity or event that is allowed or author11 ized, including a wedding, engagement party, 

12 family reunion, or celebration of a graduate, 

13 shall be considered merely incidental for the pur14 poses of paragraph (2)(B). 

15 ‘‘(C) MONETARY COMPENSATION.—The re16 ceipt of monetary compensation by the person 

17 conducting the filming or still photography ac18 tivity shall not affect the permissibility of the 

19 filming or still photography activity. 

20 ‘‘(b) FEES AND RECOVERY COSTS.— 

21 ‘‘(1) FEES.—The reasonable fees referred to in 

22 subsection (a)(4) shall meet each of the following cri23 teria: 

24 ‘‘(A) The reasonable fee shall provide a fair 

25 return to the United States. 


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1 ‘‘(B) The reasonable fee shall be based on 

2 the following criteria: 

3 ‘‘(i) The number of days of the filming 

4 or still photography activity. 

5 ‘‘(ii) The size of the film or still pho6 tography crew present in the System unit. 

7 ‘‘(iii) The quantity and type of film or 

8 still photography equipment present in the 

9 System unit. 

10 ‘‘(iv) Any other factors that the Sec11 retary determines to be necessary. 

12 ‘‘(2) RECOVERY OF COSTS.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall col14 lect from the applicant for the applicable permit 

15 any costs incurred by the Secretary related to a 

16 filming or still photography activity subject to a 

17 permit under subsection (a)(4), including— 

18 ‘‘(i) the costs of the review or issuance 

19 of the permit; and 

20 ‘‘(ii) related administrative and per21 sonnel costs. 

22 ‘‘(B) EFFECT ON FEES COLLECTED.—All 

23 costs recovered under subparagraph (A) shall be 

24 in addition to the fee described in paragraph (1). 

25 ‘‘(3) USE OF PROCEEDS.— 


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1 ‘‘(A) FEES.—All fees collected under this 

2 section shall— 

3 ‘‘(i) be available for expenditure by the 

4 Secretary, without further appropriation; 

5 and 

6 ‘‘(ii) remain available until expended. 

7 ‘‘(B) COSTS.—All costs recovered under 

8 paragraph (2)(A) shall— 

9 ‘‘(i) be available for expenditure by the 

10 Secretary, without further appropriation, at 

11 the System unit at which the costs are col12 lected; and 

13 ‘‘(ii) remain available until expended. 

14 ‘‘(c) PROTECTION OF RESOURCES.—The Secretary 

15 shall not allow a person to undertake a filming or still pho16 tography activity if the Secretary determines that— 

17 ‘‘(1) there is a likelihood that the person would 

18 cause resource damage at the System unit, except as 

19 otherwise authorized; 

20 ‘‘(2) the person would create an unreasonable 

21 disruption of the use and enjoyment by the public of 

22 the System unit; or 

23 ‘‘(3) the filming or still photography activity 

24 poses a health or safety risk to the public. 

25 ‘‘(d) PROCESSING OF PERMIT APPLICATIONS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall establish 

2 a process to ensure that the Secretary responds in a 

3 timely manner to an application for a permit for a 

4 filming or still photography activity required under 

5 subsection (a)(4). 

6 ‘‘(2) COORDINATION.—If a permit is required 

7 under this section for 2 or more Federal agencies or 

8 System units, the Secretary and the head of any other 

9 applicable Federal agency, as applicable, shall, to the 

10 maximum extent practicable, coordinate permit proc11 essing procedures, including through the use of identi12 fying a lead agency or lead System unit— 

13 ‘‘(A) to review the application for the per14 mit; 

15 ‘‘(B) to issue the permit; and 

16 ‘‘(C) to collect any required fees.’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions for chapter 1009 of title 54, United States Code, 

19 is amended by striking the item relating to section 

20 100905 and inserting the following: 

‘‘100905. Filming and still photography in System units.’’. 

21 (b) FILMING ON OTHER FEDERAL LAND.—Public Law 

22 106–206 (16 U.S.C. 460l–6d) is amended by striking sec23 tion 1 and inserting the following: 

24 ‘‘SECTION 1. FILMING AND STILL PHOTOGRAPHY. 

25 ‘‘(a) FILMING AND STILL PHOTOGRAPHY.— 


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1 ‘‘(1) IN GENERAL.—The Secretary concerned 

2 shall ensure that a filming or still photography activ3 ity or similar project at a Federal land management 

4 unit (referred to in this section as a ‘filming or still 

5 photography activity’) and the authorizing or permit6 ting of a filming or still photography activity are 

7 carried out consistent with— 

8 ‘‘(A) the laws and policies applicable to the 

9 Secretary concerned; and 

10 ‘‘(B) an applicable general management 

11 plan. 

12 ‘‘(2) NO PERMITS REQUIRED.—The Secretary 

13 concerned shall not require an authorization or a per14 mit or assess a fee, if a fee for a filming or still pho15 tography activity is not otherwise required by law, 

16 for a filming or still photography activity that— 

17 ‘‘(A)(i) involves fewer than 6 individuals; 

18 and 

19 ‘‘(ii) meets each of the requirements de20 scribed in paragraph (5); or 

21 ‘‘(B) is merely incidental to, or docu22 menting, an activity or event that is allowed or 

23 authorized at the Federal land management 

24 unit, regardless of— 


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1 ‘‘(i) the number of individuals partici2 pating in the allowed or authorized activity 

3 or event; or 

4 ‘‘(ii) whether any individual receives 

5 compensation for any products of the film6 ing or still photography activity. 

7 ‘‘(3) FILMING AND STILL PHOTOGRAPHY AU8 THORIZATIONS FOR DE MINIMIS USE.— 

9 ‘‘(A) IN GENERAL.—The Secretary con10 cerned shall establish a de minimis use author11 ization for certain filming or still photography 

12 activities that meets the requirements described 

13 in subparagraph (F). 

14 ‘‘(B) POLICY.—For a filming or still pho15 tography activity that meets the requirements de16 scribed in subparagraph (F), the Secretary con17 cerned— 

18 ‘‘(i) may require a de minimis use au19 thorization; and 

20 ‘‘(ii) shall not require a permit. 

21 ‘‘(C) NO FEE.—The Secretary concerned 

22 shall not charge a fee for a de minimis use au23 thorization under this paragraph. 

24 ‘‘(D) ACCESS.—The Secretary concerned 

25 shall enable members of the public to apply for 


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1 and obtain a de minimis use authorization 

2 under this paragraph— 

3 ‘‘(i) through the website of the Depart4 ment of the Interior or the Forest Service, 

5 as applicable; and 

6 ‘‘(ii) in person at the field office for the 

7 Federal land management unit. 

8 ‘‘(E) ISSUANCES.—The Secretary concerned 

9 shall— 

10 ‘‘(i) establish a procedure— 

11 ‘‘(I) to automate the approval of 

12 an application submitted through the 

13 website of the Department of the Inte14 rior or the Forest Service, as applica15 ble, under subparagraph (D)(i); and 

16 ‘‘(II) to issue a de minimis use 

17 authorization under this paragraph 

18 immediately on receipt of an applica19 tion that is submitted in person at the 

20 field office for the Federal land man21 agement unit under subparagraph 

22 (D)(ii); and 

23 ‘‘(ii) if an application submitted under 

24 subparagraph (D) meets the requirements of 

25 this paragraph, immediately on receipt of 


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1 the application issue a de minimis use au2 thorization for the filming or still photog3 raphy activity. 

4 ‘‘(F) TERMS.—The Secretary concerned 

5 shall only issue a de minimis use authorization 

6 under this paragraph if the filming or still pho7 tography activity— 

8 ‘‘(i) involves a group of not fewer than 

9 6 individuals and not more than 8 individ10 uals; 

11 ‘‘(ii) meets each of the requirements de12 scribed in paragraph (5); and 

13 ‘‘(iii) is consistent with subsection (c). 

14 ‘‘(G) CONTENTS.—A de minimis use au15 thorization issued under this paragraph shall list 

16 the requirements described in subparagraph (F). 

17 ‘‘(4) REQUIRED PERMITS.—Except as provided 

18 in paragraph (2)(B), the Secretary concerned may re19 quire a permit application and, if a permit is issued, 

20 assess a reasonable fee, as described in subsection 

21 (b)(1), for a filming or still photography activity 

22 that— 

23 ‘‘(A) involves more than 8 individuals; 

24 ‘‘(B) does not meet each of the requirements 

25 described in paragraph (5); or 


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1 ‘‘(C) is conducted in a component of the 

2 National Wilderness Preservation System. 

3 ‘‘(5) REQUIREMENTS FOR FILMING OR STILL

4 PHOTOGRAPHY ACTIVITY.—The requirements referred 

5 to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and 

6 (7)(C) are as follows: 

7 ‘‘(A) A person conducts the filming or still 

8 photography activity in a manner that— 

9 ‘‘(i) does not impede or intrude on the 

10 experience of other visitors to the Federal 

11 land management unit; 

12 ‘‘(ii) except as otherwise authorized, 

13 does not disturb or negatively impact— 

14 ‘‘(I) a natural or cultural re15 source; or 

16 ‘‘(II) an environmental or scenic 

17 value; and 

18 ‘‘(iii) allows for equitable allocation or 

19 use of facilities of the Federal land manage20 ment unit. 

21 ‘‘(B) The person conducts the filming or 

22 still photography activity at a location in which 

23 the public is allowed. 


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1 ‘‘(C) The person conducting the filming or 

2 still photography activity does not require the 

3 exclusive use of a site or area. 

4 ‘‘(D) The person does not conduct the film5 ing or still photography activity in a localized 

6 area that receives a very high volume of visita7 tion. 

8 ‘‘(E) The person conducting the filming or 

9 still photography activity does not use a set or 

10 staging equipment, subject to the limitation that 

11 handheld equipment (such as a tripod, monopod, 

12 and handheld lighting equipment) shall not be 

13 considered staging equipment for the purposes of 

14 this subparagraph. 

15 ‘‘(F) The person conducting the filming or 

16 still photography activity complies with and ad17 here to visitor use policies, practices, and regula18 tions applicable to the Federal land management 

19 unit. 

20 ‘‘(G) The filming or still photography activ21 ity is not likely to result in additional adminis22 trative costs being incurred by the Secretary con23 cerned with respect to the filming or still photog24 raphy activity, as determined by the Secretary 

25 concerned. 


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1 ‘‘(H) The person conducting the filming or 

2 still photography activity complies with other 

3 applicable Federal, State, and local laws (in4 cluding regulations), including laws relating to 

5 the use of unmanned aerial equipment. 

6 ‘‘(6) CONTENT CREATION.—Regardless of dis7 tribution platform, any video, still photograph, or 

8 audio recording for commercial or noncommercial 

9 content creation at a Federal land management unit 

10 shall be considered to be a filming or still photog11 raphy activity under this subsection. 

12 ‘‘(7) EFFECT.— 

13 ‘‘(A) PERMITS REQUESTED THOUGH NOT

14 REQUIRED.—On the request of a person intend15 ing to carry out a filming or still photography 

16 activity, the Secretary concerned may issue a 

17 permit for the filming or still photography activ18 ity, even if a permit for the filming or still pho19 tography activity is not required under this sec20 tion. 

21 ‘‘(B) NO ADDITIONAL PERMITS, COMMER22 CIAL USE AUTHORIZATIONS, OR FEES FOR FILM23 ING AND STILL PHOTOGRAPHY AT AUTHORIZED

24 EVENTS.—A filming or still photography activity 

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1 ized, including a wedding, engagement party, 

2 family reunion, or celebration of a graduate, 

3 shall be considered merely incidental for the pur4 poses of paragraph (2)(B). 

5 ‘‘(C) MONETARY COMPENSATION.—The re6 ceipt of monetary compensation by the person 

7 engaged in the filming or still photography ac8 tivity shall not affect the permissibility of the 

9 filming or still photography activity. 

10 ‘‘(b) FEES AND RECOVERY COSTS.— 

11 ‘‘(1) FEES.—The reasonable fees referred to in 

12 subsection (a)(4) shall meet each of the following cri13 teria: 

14 ‘‘(A) The reasonable fee shall provide a fair 

15 return to the United States. 

16 ‘‘(B) The reasonable fee shall be based on 

17 the following criteria: 

18 ‘‘(i) The number of days of the filming 

19 or still photography activity. 

20 ‘‘(ii) The size of the film or still pho21 tography crew present at the Federal land 

22 management unit. 

23 ‘‘(iii) The quantity and type of film or 

24 still photography equipment present at the 

25 Federal land management unit. 


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1 ‘‘(iv) Any other factors that the Sec2 retary concerned determines to be necessary. 

3 ‘‘(2) RECOVERY OF COSTS.— 

4 ‘‘(A) IN GENERAL.—The Secretary con5 cerned shall collect from the applicant for the ap6 plicable permit any costs incurred by the Sec7 retary concerned related to a filming or still pho8 tography activity subject to a permit under sub9 section (a)(4), including— 

10 ‘‘(i) the costs of the review or issuance 

11 of the permit; and 

12 ‘‘(ii) related administrative and per13 sonnel costs. 

14 ‘‘(B) EFFECT ON FEES COLLECTED.—All 

15 costs recovered under subparagraph (A) shall be 

16 in addition to the fee described in paragraph (1). 

17 ‘‘(3) USE OF PROCEEDS.— 

18 ‘‘(A) FEES.—All fees collected under this 

19 section shall— 

20 ‘‘(i) be available for expenditure by the 

21 Secretary concerned, without further appro22 priation; and 

23 ‘‘(ii) remain available until expended. 

24 ‘‘(B) COSTS.—All costs recovered under 

25 paragraph (2)(A) shall— 


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1 ‘‘(i) be available for expenditure by the 

2 Secretary concerned, without further appro3 priation, at the Federal land management 

4 unit at which the costs are collected; and 

5 ‘‘(ii) remain available until expended. 

6 ‘‘(c) PROTECTION OF RESOURCES.—The Secretary 

7 concerned shall not allow a person to undertake a filming 

8 or still photography activity if the Secretary concerned de9 termines that— 

10 ‘‘(1) there is a likelihood that the person would 

11 cause resource damage at the Federal land manage12 ment unit, except as otherwise authorized; 

13 ‘‘(2) the person would create an unreasonable 

14 disruption of the use and enjoyment by the public of 

15 the Federal land management unit; or 

16 ‘‘(3) the filming or still photography activity 

17 poses a health or safety risk to the public. 

18 ‘‘(d) PROCESSING OF PERMIT APPLICATIONS.— 

19 ‘‘(1) IN GENERAL.—The Secretary concerned 

20 shall establish a process to ensure that the Secretary 

21 concerned responds in a timely manner to an appli22 cation for a permit for a filming or still photography 

23 activity required under subsection (a)(4). 

24 ‘‘(2) COORDINATION.—If a permit is required 

25 under this section for 2 or more Federal agencies or 


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1 Federal land management units, the Secretary con2 cerned and the head of any other applicable Federal 

3 agency, as applicable, shall, to the maximum extent 

4 practicable, coordinate permit processing procedures, 

5 including through the use of identifying a lead agency 

6 or lead Federal land management unit— 

7 ‘‘(A) to review the application for the per8 mit; 

9 ‘‘(B) to issue the permit; and 

10 ‘‘(C) to collect any required fees. 

11 ‘‘(e) DEFINITIONS.—In this section: 

12 ‘‘(1) FEDERAL LAND MANAGEMENT UNIT.—The 

13 term ‘Federal land management unit’ means— 

14 ‘‘(A) Federal land (other than National 

15 Park System land) under the jurisdiction of the 

16 Secretary of the Interior; and 

17 ‘‘(B) National Forest System land. 

18 ‘‘(2) SECRETARY CONCERNED.—The term ‘Sec19 retary concerned’ means— 

20 ‘‘(A) the Secretary of the Interior, with re21 spect to land described in paragraph (1)(A); and 

22 ‘‘(B) the Secretary of Agriculture, with re23 spect to land described in paragraph (1)(B).’’. 


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1 SEC. 402. VOLUNTEER ENHANCEMENT PROGRAM. 

2 The Volunteers in the National Forests Act of 1972 (16 

3 U.S.C. 558a et seq.) is amended— 

4 (1) by striking section 5; 

5 (2) by redesignating the first section and sections 

6 2, 3, and 4 as sections 4, 5, 6, and 9, respectively; 

7 (3) by inserting before section 4 (as so redesig8 nated) the following: 

9 ‘‘SECTION 1. SHORT TITLE. 

10 ‘‘This Act may be cited as the ‘Volunteers in the Na11 tional Forests and Public Land Act’. 

12 ‘‘SEC. 2. PURPOSE. 

13 ‘‘The purpose of this Act is to leverage volunteer en14 gagement to supplement projects carried out by the Secre15 taries to fulfill the missions of the Forest Service and the 

16 Bureau of Land Management that are accomplished with 

17 appropriated funds. 

18 ‘‘SEC. 3. DEFINITION OF SECRETARIES. 

19 ‘‘In this Act, the term ‘Secretaries’ means each of— 

20 ‘‘(1) the Secretary of Agriculture, acting through 

21 the Chief of the Forest Service; and 

22 ‘‘(2) the Secretary of the Interior, acting through 

23 the Director of the Bureau of Land Management.’’; 

24 (4) in section 4 (as so redesignated)— 

25 (A) by striking the section designation and 

26 all that follows through ‘‘(hereinafter referred to 


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1 as the ‘Secretary’) is’’ in the first sentence and 

2 inserting the following: 

3 ‘‘SEC. 4. AUTHORIZATION. 

4 ‘‘The Secretaries are’’; 

5 (B) in the first sentence— 

6 (i) by inserting ‘‘and’’ after ‘‘civil serv7 ice’’; 

8 (ii) by inserting ‘‘recreation access, 

9 trail construction or maintenance, facility 

10 construction or maintenance, educational 

11 uses (including outdoor classroom construc12 tion or maintenance),’’ after ‘‘for or in aid 

13 of’’; and 

14 (iii) by striking ‘‘Secretary through the 

15 Forest Service’’ and inserting ‘‘Secretaries’’; 

16 and 

17 (C) in the second sentence, by striking ‘‘Sec18 retary’’ and inserting ‘‘Secretaries’’; 

19 (5) in section 5 (as so redesignated)— 

20 (A) by striking the section designation and 

21 all that follows through ‘‘Secretary is’’ and in22 serting the following: 

23 ‘‘SEC. 5. INCIDENTAL EXPENSES. 

24 ‘‘The Secretaries are’’; and 


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1 (B) by inserting ‘‘training, equipment,’’ 

2 after ‘‘lodging,’’; 

3 (6) in section 6 (as so redesignated)— 

4 (A) by striking the section designation and 

5 all that follows through ‘‘(a) Except as’’ and in6 serting the following: 

7 ‘‘SEC. 6. CONSIDERATION AS FEDERAL EMPLOYEE. 

8 ‘‘(a) Except as’’; and 

9 (B) in subsection (e)— 

10 (i) in the matter preceding paragraph 

11 (1), by striking ‘‘the Secretary’’ and insert12 ing ‘‘either of the Secretaries’’; 

13 (ii) in paragraph (1), by striking 

14 ‘‘with the Secretary’’ and inserting ‘‘or co15 operative agreement with either of the Sec16 retaries’’; and 

17 (iii) in paragraph (2)— 

18 (I) in the matter preceding sub19 paragraph (A), by striking ‘‘the Sec20 retary in the mutual benefit agree21 ment’’ and inserting ‘‘either of the Sec22 retaries in the mutual benefit agree23 ment or cooperative agreement’’; 

24 (II) in subparagraph (A), by 

25 striking ‘‘to be performed by the volunVerDate Sep 11 2014 00:34 Sep 22, 2022 Jkt 029200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6203 E:\BILLS\S3266.RS S3266

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1 teers’’ and inserting ‘‘, including the 

2 geographic boundaries of the work to be 

3 performed by the volunteers,’’; 

4 (III) in subparagraph (B), by 

5 striking ‘‘and’’ at the end; 

6 (IV) in subparagraph (C)— 

7 (aa) by striking ‘‘the Sec8 retary, when feasible’’ and insert9 ing ‘‘either of the Secretaries, if 

10 feasible and only if necessary’’; 

11 and 

12 (bb) by striking the period at 

13 the end and inserting a semicolon; 

14 and 

15 (V) by adding at the end the fol16 lowing: 

17 ‘‘(D) the equipment the volunteers are au18 thorized to use; 

19 ‘‘(E) the training the volunteers are re20 quired to complete; 

21 ‘‘(F) the actions the volunteers are author22 ized to take; and 

23 ‘‘(G) any other terms and conditions that 

24 are determined to be necessary by the applicable 

25 Secretary.’’; 


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1 (7) by inserting before section 9 (as so redesig2 nated), the following: 

3 ‘‘SEC. 7. PROMOTION OF VOLUNTEER OPPORTUNITIES. 

4 ‘‘The Secretaries shall promote volunteer opportunities 

5 in areas administered by the Secretaries. 

6 ‘‘SEC. 8. LIABILITY INSURANCE. 

7 ‘‘The Secretaries shall not require a cooperator or vol8 unteer (as those terms are used in section 6) to have liabil9 ity insurance to provide the volunteer services authorized 

10 under this Act.’’; and 

11 (8) in section 9 (as so redesignated), by striking 

12 the section designation and all that follows through 

13 ‘‘There are’’ and inserting the following: 

14 ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘There are’’. 

16 SEC. 403. CAPE AND ANTLER PRESERVATION ENHANCE17 MENT. 

18 Section 104909(c) of title 54, United States Code, is 

19 amended by striking ‘‘meat from’’ and inserting ‘‘meat and 

20 any other part of an animal removed pursuant to’’. 

21 SEC. 404. FEDERAL LAND AND WATER AQUATIC RESOURCE 

22 ACTIVITIES ASSISTANCE. 

23 (a) DEFINITIONS.—In this section: 

24 (1) AQUATIC NUISANCE SPECIES TASK FORCE.— 

25 The term ‘‘Aquatic Nuisance Species Task Force’’ 


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1 means the Aquatic Nuisance Species Task Force es2 tablished by section 1201(a) of the Nonindigenous 

3 Aquatic Nuisance Prevention and Control Act of 1990 

4 (16 U.S.C. 4721(a)). 

5 (2) FEDERAL LAND AND WATER.—The term 

6 ‘‘Federal land and water’’ means Federal land and 

7 water operated and maintained by the Bureau of 

8 Land Management, Bureau of Reclamation, or the 

9 National Park Service, as applicable. 

10 (3) INSPECTION.—The term ‘‘inspection’’ means 

11 an inspection to prevent and respond to biological in12 vasions of an aquatic ecosystem. 

13 (4) PARTNER.—The term ‘‘partner’’ means— 

14 (A) a Reclamation State; 

15 (B) an Indian Tribe in a Reclamation 

16 State; 

17 (C) an applicable nonprofit organization in 

18 a Reclamation State; or 

19 (D) a unit of local government in a Rec20 lamation State. 

21 (5) RECLAMATION STATE.—The term ‘‘Reclama22 tion State’’ includes any of the States of— 

23 (A) Alaska; 

24 (B) Arizona; 

25 (C) California; 


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1 (D) Colorado; 

2 (E) Idaho; 

3 (F) Kansas; 

4 (G) Montana; 

5 (H) Nebraska; 

6 (I) Nevada; 

7 (J) New Mexico; 

8 (K) North Dakota; 

9 (L) Oklahoma; 

10 (M) Oregon; 

11 (N) South Dakota; 

12 (O) Texas; 

13 (P) Utah; 

14 (Q) Washington; and 

15 (R) Wyoming. 

16 (b) AUTHORITY OF BUREAU OF LAND MANAGEMENT, 

17 BUREAU OF RECLAMATION, AND NATIONAL PARK SERVICE

18 WITH RESPECT TO CERTAIN AQUATIC RESOURCE ACTIVI19 TIES ON FEDERAL LAND AND WATER.— 

20 (1) IN GENERAL.—The Secretary, acting through 

21 the Director of the Bureau of Land Management, the 

22 Commissioner of Reclamation, and the Director of the 

23 National Park Service, may inspect and decontami24 nate vessels entering and leaving Federal land and 


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1 water located within a river basin that contains a 

2 Bureau of Reclamation water project. 

3 (2) REQUIREMENTS.—The Secretary, acting 

4 through the Director of the Bureau of Land Manage5 ment, the Commissioner of Reclamation, and the Di6 rector of the National Park Service, shall— 

7 (A) in carrying out an inspection under 

8 paragraph (1), coordinate with 1 or more part9 ners; 

10 (B) consult with the Aquatic Nuisance Spe11 cies Task Force to identify potential improve12 ments and efficiencies in the detection and man13 agement of invasive species on Federal land and 

14 water; and 

15 (C) to the maximum extent practicable, in16 spect vessels in a manner that minimizes disrup17 tions to public access for boating and recreation 

18 in noncontaminated vessels. 

19 (3) PARTNERSHIPS.—The Secretary, acting 

20 through the Director of the Bureau of Land Manage21 ment, the Commissioner of Reclamation, and the Di22 rector of the National Park Service, may enter into 

23 a partnership to provide technical assistance to a 

24 partner— 


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1 (A) to carry out an inspection or decon2 tamination of vessels; or 

3 (B) to establish an inspection and decon4 tamination station for vessels. 

5 (4) LIMITATION.—The Secretary, acting through 

6 the Director of the Bureau of Land Management, the 

7 Commissioner of Reclamation, and the Director of the 

8 National Park Service, shall not prohibit access to 

9 vessels under this subsection in the absence of an in10 spector. 

11 (5) DATA SHARING.—The Secretary, acting 

12 through the Director of the Bureau of Land Manage13 ment, the Commissioner of Reclamation, and the Di14 rector of the National Park Service, shall make avail15 able to a Reclamation State any data gathered re16 lated to inspections carried out in the Reclamation 

17 State under this subsection. 

18 (c) GRANT PROGRAM FOR RECLAMATION STATES FOR

19 VESSEL INSPECTION AND DECONTAMINATION STATIONS.— 

20 (1) VESSELS INSPECTIONS IN RECLAMATION

21 STATES.—Subject to the availability of appropria22 tions, the Secretary, acting through the Commissioner 

23 of Reclamation, shall establish a competitive grant 

24 program to provide grants to partners to conduct in25 spections and decontamination of vessels operating in 


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1 reservoirs operated and maintained by the Secretary, 

2 including to purchase, establish, operate, or maintain 

3 a vessel inspection and decontamination station. 

4 (2) COST SHARE.—The Federal share of the cost 

5 of a grant under paragraph (1), including personnel 

6 costs, shall not exceed 75 percent. 

7 (3) STANDARDS.—Before awarding a grant 

8 under paragraph (1), the Secretary shall determine 

9 that the project is technically and financially feasible. 

10 (4) COORDINATION.—In carrying out this sub11 section, the Secretary shall coordinate with— 

12 (A) each of the Reclamation States; 

13 (B) affected Indian Tribes; and 

14 (C) the Aquatic Nuisance Species Task 

15 Force. 

16 SEC. 405. AMENDMENTS TO THE MODERNIZING ACCESS TO 

17 OUR PUBLIC LAND ACT. 

18 The Modernizing Access to Our Public Land Act (Pub19 lic Law 117–114) is amended— 

20 (1) in section 3(1), by striking ‘‘public outdoor 

21 recreational use’’ and inserting ‘‘recreation sites’’; 

22 (2) in section 5(a)(4), by striking ‘‘permanently 

23 restricted or prohibited’’ and inserting ‘‘regulated or 

24 closed’’; and 

25 (3) in section 6(b)— 


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1 (A) by striking ‘‘may’’ and inserting 

2 ‘‘shall’’; and 

3 (B) by striking ‘‘the Secretary of the Inte4 rior’’ and inserting ‘‘the Secretaries’’. 

5 SEC. 406. OUTDOOR RECREATION LEGACY PARTNERSHIP 

6 PROGRAM. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti9 ty’’ means an entity that represents or otherwise 

10 serves a qualifying urban area. 

11 (2) ELIGIBLE NONPROFIT ORGANIZATION.—The 

12 term ‘‘eligible nonprofit organization’’ means an or13 ganization that is described in section 501(c)(3) of the 

14 Internal Revenue Code of 1986 and is exempt from 

15 taxation under section 501(a) of such code. 

16 (3) ENTITY.—The term ‘‘entity’’ means— 

17 (A) a State; 

18 (B) a political subdivision of a State, in19 cluding— 

20 (i) a city; 

21 (ii) a county; and 

22 (iii) a special purpose district that 

23 manages open space, including a park dis24 trict; and 


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1 (C) an Indian Tribe, urban Indian organi2 zation, or Alaska Native or Native Hawaiian 

3 community or organization. 

4 (4) LOW-INCOME COMMUNITY.—The term ‘‘low5 income community’’ means any census block group in 

6 which 30 percent or more of the population are indi7 viduals with an annual household equal to, or less 

8 than, the greater of— 

9 (A) an amount equal to 80 percent of the 

10 median income of the area in which the house11 hold is located, as reported by the Department of 

12 Housing and Urban Development; and 

13 (B) an amount equal to 200 percent of the 

14 Federal poverty line. 

15 (5) OUTDOOR RECREATION LEGACY PARTNER16 SHIP PROGRAM.—The term ‘‘Outdoor Recreation Leg17 acy Partnership Program’’ means the program estab18 lished under subsection (b)(1). 

19 (6) QUALIFYING URBAN AREA.—The term ‘‘quali20 fying urban area’’ means— 

21 (A) an urbanized area or urban cluster that 

22 has a population of 25,000 or more in the most 

23 recent census; 


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1 (B) 2 or more adjacent urban clusters with 

2 a combined population of 25,000 or more in the 

3 most recent census; or 

4 (C) an area administered by an Indian 

5 Tribe or an Alaska Native or Native Hawaiian 

6 community organization. 

7 (7) STATE.—The term ‘‘State’’ means each of the 

8 several States, the District of Columbia, and each ter9 ritory of the United States. 

10 (b) GRANTS AUTHORIZED.— 

11 (1) ESTABLISHMENT OF PROGRAM.— 

12 (A) IN GENERAL.—The Secretary shall es13 tablish an outdoor recreation legacy partnership 

14 program under which the Secretary may award 

15 grants to eligible entities for projects— 

16 (i) to acquire land and water for parks 

17 and other outdoor recreation purposes in 

18 qualifying urban areas; and 

19 (ii) to develop new or renovate existing 

20 outdoor recreation facilities that provide 

21 outdoor recreation opportunities to the pub22 lic in qualifying urban areas. 

23 (B) PRIORITY.—In awarding grants to eli24 gible entities under subparagraph (A), the Sec25 retary shall give priority to projects that— 


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1 (i) create or significantly enhance ac2 cess to park and recreational opportunities 

3 in an urban neighborhood or community; 

4 (ii) engage and empower underserved 

5 communities and youth; 

6 (iii) provide employment or job train7 ing opportunities for youth or underserved 

8 communities; 

9 (iv) establish or expand public-private 

10 partnerships, with a focus on leveraging re11 sources; and 

12 (v) take advantage of coordination 

13 among various levels of government. 

14 (2) MATCHING REQUIREMENT.— 

15 (A) IN GENERAL.—As a condition of receiv16 ing a grant under paragraph (1), an eligible en17 tity shall provide matching funds in the form of 

18 cash or an in-kind contribution in an amount 

19 equal to not less than 100 percent of the amounts 

20 made available under the grant. 

21 (B) WAIVER.—The Secretary may waive all 

22 or part of the matching requirement under sub23 paragraph (A) if the Secretary determines 

24 that— 


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1 (i) no reasonable means are available 

2 through which the eligible entity can meet 

3 the matching requirement; and 

4 (ii) the probable benefit of the project 

5 outweighs the public interest in the match6 ing requirement. 

7 (C) ADMINISTRATIVE EXPENSES.—Not more 

8 than 10 percent of funds provided to an eligible 

9 entity under a grant awarded under paragraph 

10 (1) may be used for administrative expenses. 

11 (3) CONSIDERATIONS.—In awarding grants to 

12 eligible entities under paragraph (1), the Secretary 

13 shall consider the extent to which a project would— 

14 (A) provide recreation opportunities in un15 derserved communities in which access to parks 

16 is not adequate to meet local needs; 

17 (B) provide opportunities for outdoor recre18 ation and public land volunteerism; 

19 (C) support innovative or cost-effective ways 

20 to enhance parks and other recreation— 

21 (i) opportunities; or 

22 (ii) delivery of services; 

23 (D) support park and recreation program24 ming provided by cities, including cooperative 


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1 agreements with community-based eligible non2 profit organizations; 

3 (E) develop Native American event sites 

4 and cultural gathering spaces; and 

5 (F) provide benefits such as community re6 silience, reduction of urban heat islands, en7 hanced water or air quality, or habitat for fish 

8 or wildlife. 

9 (4) ELIGIBLE USES.— 

10 (A) IN GENERAL.—Subject to subparagraph 

11 (B), a grant recipient may use a grant awarded 

12 under paragraph (1) for a project described in 

13 subparagraph (A) or (B) of that paragraph. 

14 (B) LIMITATIONS ON USE.—A grant recipi15 ent may not use grant funds for— 

16 (i) incidental costs related to land ac17 quisition, including appraisal and titling; 

18 (ii) operation and maintenance activi19 ties; 

20 (iii) facilities that support 

21 semiprofessional or professional athletics; 

22 (iv) indoor facilities, such as recreation 

23 centers or facilities that support primarily 

24 non-outdoor purposes; or 


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1 (v) acquisition of land or interests in 

2 land that restrict access to specific persons. 

3 (c) REVIEW AND EVALUATION REQUIREMENTS.—In 

4 carrying out the Outdoor Recreation Legacy Partnership 

5 Program, the Secretary shall— 

6 (1) conduct an initial screening and technical 

7 review of applications received; 

8 (2) evaluate and score all qualifying applica9 tions; and 

10 (3) provide culturally and linguistically appro11 priate information to eligible entities (including low12 income communities and eligible entities serving low13 income communities) on— 

14 (A) the opportunity to apply for grants 

15 under this section; 

16 (B) the application procedures by which eli17 gible entities may apply for grants under this 

18 section; and 

19 (C) eligible uses for grants under this sec20 tion. 

21 (d) REPORTING.— 

22 (1) ANNUAL REPORTS.—Not later than 30 days 

23 after the last day of each report period, each State 

24 lead agency that receives a grant under this section 


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1 shall annually submit to the Secretary performance 

2 and financial reports that— 

3 (A) summarize project activities conducted 

4 during the report period; and 

5 (B) provide the status of the project. 

6 (2) FINAL REPORTS.—Not later than 90 days 

7 after the earlier of the date of expiration of a project 

8 period or the completion of a project, each State lead 

9 agency that receives a grant under this section shall 

10 submit to the Secretary a final report containing such 

11 information as the Secretary may require. 

12 SEC. 407. RECREATION BUDGET CROSSCUT. 

13 Not later than 30 days after the end of each fiscal year, 

14 beginning with fiscal year 2023, the Director of the Office 

15 of Management and Budget shall submit to Congress and 

16 make public online a report that describes and itemizes the 

17 total amount of funding relating to outdoor recreation that 

18 was obligated in the preceding fiscal year in accounts in 

19 the Treasury for the Department of the Interior and the 

20 Department of Agriculture. 


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Calendar No. 501 

117TH CONGRESS 

2D SESSION S. 3266 

[Report No. 117–158] 

A BILL 

To improve recreation opportunities on, and facilifor other purposes. tate greater access to, Federal public land, and 

SEPTEMBER 21, 2022 

Reported with an amendment 


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