I 

117TH CONGRESS 

1ST SESSION H. R. 3670 

To improve access for outdoor recreation through the use of special recreation 

permits on Federal recreational lands and waters, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2021 

Mr. NEGUSE (for himself, Ms. DEGETTE, Mrs. DINGELL, and Mr. GALLEGO) 

introduced the following bill; which was referred to the Committee on 

Natural Resources, and in addition to the Committee on Agriculture, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve access for outdoor recreation through the use 

of special recreation permits on Federal recreational 

lands and waters, 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 ‘‘Simplifying Outdoor Access for Recreation Act’’ or the 

6 ‘‘SOAR Act’’. 

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

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—MODERNIZING RECREATION PERMITTING 

Sec. 101. Definitions. 

Sec. 102. Special recreation permit and fee. 

Sec. 103. Permitting process improvements. 

Sec. 104. Permit flexibility. 

Sec. 105. Permit administration. 

Sec. 106. Permits for multijurisdictional trips. 

Sec. 107. Forest Service permit use reviews. 

Sec. 108. Liability. 

Sec. 109. Cost recovery reform. 

Sec. 110. Extension of special recreation permits. 

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

Sec. 112. Online purchases of America the Beautiful—The National Parks and 

Federal Recreational Lands Pass. 

Sec. 113. Savings provision. 

TITLE II—MAKING RECREATION A PRIORITY 

Sec. 201. Extension of seasonal recreation opportunities. 

Sec. 202. Recreation performance metrics. 

TITLE III—MAINTENANCE OF PUBLIC LAND 

Sec. 301. Private-sector volunteer enhancement program. 

Sec. 302. Enhancing outdoor recreation through public lands service organizations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) FEDERAL LAND MANAGEMENT AGENCY.— 

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

5 the meaning given the term in section 802 of the 

6 Federal Lands Recreation Enhancement Act (16 

7 U.S.C. 6801). 

8 (2) FEDERAL RECREATIONAL LANDS AND

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

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

11 802 of the Federal Lands Recreation Enhancement 

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


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1 (3) SECRETARIES.—Except as otherwise pro2 vided in this Act, the term ‘‘Secretaries’’ means— 

3 (A) the Secretary of the Interior; and 

4 (B) the Secretary of Agriculture. 

5 TITLE I—MODERNIZING 

6 RECREATION PERMITTING 

7 SEC. 101. DEFINITIONS. 

8 In this title: 

9 (1) ASSOCIATED AGENCY.—The term ‘‘associ10 ated agency’’ means the Federal land management 

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

12 Federal land unit that is the subject of a single joint 

13 special recreation permit under section 106. 

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

15 joint special recreation permit application submitted 

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

17 the Federal land management agency designated to 

18 administer the single joint special recreation permit 

19 under section 106(a)(2). 

20 (3) LONG-TERM SPECIAL RECREATION PER21 MIT.—The term ‘‘long-term special recreation per22 mit’’ means— 

23 (A) for a Federal land unit managed by 

24 the Forest Service, a priority use permit; and 


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1 (B) for a Federal land unit managed by 

2 the Bureau of Land Management, a multiyear 

3 special recreation permit. 

4 (4) MULTIJURISDICTIONAL TRIP.—The term 

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

6 (A) uses 2 or more Federal land units; and 

7 (B) is under the jurisdiction of 2 or more 

8 Federal land management agencies. 

9 (5) FEDERAL LAND UNIT.—The term ‘‘Federal 

10 land unit’’ means— 

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

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

13 (C) a unit of the National Wildlife Refuge 

14 System; 

15 (D) a district of the Bureau of Land Man16 agement; and 

17 (E) a project of the Bureau of Reclama18 tion. 

19 (6) SECRETARY CONCERNED.—The term ‘‘Sec20 retary concerned’’ means— 

21 (A) the Secretary of Agriculture, with re22 spect to a Federal land unit described in para23 graph (5)(A); and 

24 (B) the Secretary of the Interior, with re25 spect to a Federal land unit described in subVerDate Sep 11 2014 06:25 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3670.IH H3670

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1 paragraph (B), (C), (D), or (E) of paragraph 

2 (5). 

3 (7) SPECIAL RECREATION PERMIT.—The term 

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

5 the term in section 802 of the Federal Lands Recre6 ation Enhancement Act (16 U.S.C. 6801). 

7 SEC. 102. SPECIAL RECREATION PERMIT AND FEE. 

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

9 Recreation Enhancement Act (16 U.S.C. 6801) is amend10 ed— 

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

12 and inserting ‘‘803(f)’’; 

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

14 and inserting ‘‘section 803(g)’’; 

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

16 and inserting ‘‘section 805’’; 

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

18 and inserting ‘‘section 805’’; 

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

20 and inserting ‘‘section 807’’; 

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

22 3(h)’’ and inserting ‘‘section 803(h)’’; 

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

24 (5), (6), (7), (8), (9), (10), (11), and (13) as para25 graphs (15), (1), (3), (4), (5), (6), (7), (8), (11), 


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1 (10), and (14), respectively, and moving the para2 graphs so as to appear in numerical order; 

3 (8) by inserting after paragraph (8) (as so re4 designated) the following: 

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

6 term ‘recreation service provider’ means an indi7 vidual or entity that— 

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

9 recreation services; or 

10 ‘‘(B) conducts recreational or competitive 

11 events, including incidental sales.’’; and 

12 (9) by inserting after paragraph (12) the fol13 lowing: 

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

15 term ‘special recreation permit’ means a permit 

16 issued by a Federal Land Management Agency for 

17 specialized individual or group uses of Federal rec18 reational lands and waters, including— 

19 ‘‘(A) for outfitting, guiding, or other recre20 ation services; 

21 ‘‘(B) for recreation or competitive events, 

22 which may include incidental sales; 

23 ‘‘(C) for the use of— 

24 ‘‘(i) a special area; or 

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


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1 ‘‘(D) for motorized recreational vehicle use 

2 in compliance with an applicable travel manage3 ment plan or other regulation; and 

4 ‘‘(E) for a group activity or event.’’. 

5 (b) SPECIAL RECREATION PERMIT AND FEE.—Sec6 tion 803 of the Federal Lands Recreation Enhancement 

7 Act (16 U.S.C. 6802) is amended— 

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

9 4(d)’’ and inserting ‘‘section 804(d)’’; and 

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

11 following: 

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

13 ‘‘(1) SPECIAL RECREATION PERMIT.—The Sec14 retary may issue a special recreation permit for spe15 cialized individual or group uses of Federal rec16 reational lands and waters as defined in section 

17 802(13) of this Act (16 U.S.C. 6801). 

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

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

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

22 permit under paragraph (1). 

23 ‘‘(B) FEES FOR CERTAIN LANDS.— 

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

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


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1 under subparagraph (A) for use of Federal 

2 recreational lands and waters managed by 

3 the Forest Service, the Bureau of Land 

4 Management, the Bureau of Reclamation, 

5 or the United States Fish and Wildlife 

6 Service shall not exceed the difference be7 tween— 

8 ‘‘(I) the sum of— 

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

13 recreation permit; and 

14 ‘‘(bb) any applicable revenue 

15 addition; and 

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

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

20 amount of a fee for a special recreation 

21 permit under clause (i), the Secretary con22 cerned shall exclude— 

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

24 souvenirs, merchandise, gear, food, 

25 and activities provided or sold by a 


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1 special recreation permit holder in a 

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

4 the permit, including transportation 

5 costs, lodging, and any other service 

6 before or after a trip; and 

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

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

13 ‘‘(iii) ALTERNATIVE PER-PERSON

14 FEE.— 

15 ‘‘(I) IN GENERAL.—For Federal 

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

20 States Fish and Wildlife Service, the 

21 Secretary may charge a per-person fee 

22 in connection with the issuance of a 

23 special recreation permit under para24 graph (1). 


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1 ‘‘(II) AMOUNT OF FEE.—The 

2 total amount charged by the Secretary 

3 in connection with the issuance of a 

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

6 under subclause (I) shall not exceed 

7 the amount the Secretary may charge 

8 for a special recreation permit fee 

9 under subparagraph (A) and clauses 

10 (i) and (ii). 

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

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

15 National Park Service. 

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

17 recreation permit holder may inform customers 

18 of any fee charged by the Secretary under this 

19 section. 

20 ‘‘(3) REPORTS.— 

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

22 make available to holders of special recreation 

23 permits under paragraph (1) and the public an 

24 annual report describing the use of fees col25 lected by the Secretary under paragraph (2). 


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

2 subparagraph (A) shall include a description of 

3 how the fees are used in each Federal land unit 

4 (as defined in section 2 of the SOAR Act) ad5 ministered by the Secretary, including an iden6 tification of the amounts used for specific ac7 tivities within the Federal land unit.’’. 

8 (c) USE OF SPECIAL RECREATION PERMIT REV9 ENUE.—Section 808 of the Federal Lands Recreation En10 hancement Act (16 U.S.C. 6807) is amended— 

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

12 6(a)’’ and inserting ‘‘section 806(a)’’; 

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

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

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

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

17 (4) by inserting after subsection (a) the fol18 lowing: 

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

20 REVENUE.—Revenue from a special recreation permit fee 

21 may be used for— 

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

23 and 

24 ‘‘(2) expenses— 


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1 ‘‘(A) associated with issuing and admin2 istering special recreation permits; and 

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

4 operation of the special recreation permit sys5 tem.’’. 

6 (d) PERMANENT AUTHORIZATION.—Section 810 of 

7 the Federal Lands Recreation Enhancement Act (16 

8 U.S.C. 6809) is amended— 

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

10 the following: 

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

12 (b), the authority’’; and 

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

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

15 to— 

16 ‘‘(1) section 802; 

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

18 ‘‘(3) subsection (a), (b) or (c) of section 808.’’. 

19 SEC. 103. PERMITTING PROCESS IMPROVEMENTS. 

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

21 issuance and renewal of special recreation permits and re22 duce the cost of administering special recreation permits, 

23 the Secretary concerned shall— 

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

25 the enactment of this Act— 


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1 (A) evaluate the special recreation permit2 ting process; and 

3 (B) identify opportunities— 

4 (i) to eliminate duplicative processes; 

5 (ii) to reduce costs; and 

6 (iii) to decrease processing times; and 

7 (2) not later than 1 year after the date on 

8 which the Secretary concerned completes the evalua9 tion and identification processes under paragraph 

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

11 and policy statements to implement the improve12 ments identified under paragraph (1)(B). 

13 (b) CATEGORICAL EXCLUSIONS.— 

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

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

16 concerned shall— 

17 (A) evaluate whether 1 or more additional 

18 categorical exclusions developed in compliance 

19 with the National Environmental Policy Act of 

20 1969 (42 U.S.C. 4321 et seq.) would reduce 

21 processing times or costs for the issuance or re22 newal of special recreation permits without sig23 nificantly affecting the human environment; 

24 and 


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1 (B) if the Secretary concerned determines 

2 under subparagraph (A) that 1 or more addi3 tional categorical exclusions would reduce proc4 essing times or costs for the issuance or re5 newal of special recreation permits without sig6 nificantly affecting the human environment— 

7 (i) establish those categorical exclu8 sions in compliance with the National En9 vironmental Policy Act of 1969 (42 U.S.C. 

10 4321 et seq.); 

11 (ii) fully document that a category of 

12 actions will not individually or cumulatively 

13 have a significant effect on the human en14 vironment; and 

15 (iii) revise relevant agency regulations 

16 and policy statements to implement those 

17 categorical exclusions. 

18 (2) ADMINISTRATION.— 

19 (A) IN GENERAL.—In administering a cat20 egorical exclusion established under paragraph 

21 (1)(B), the Secretary concerned shall comply 

22 with the National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.) (including regu24 lations promulgated pursuant to that Act). 


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1 (B) EXTRAORDINARY CIRCUMSTANCES.— 

2 In determining whether to use a categorical ex3 clusion established under paragraph (1)(B), the 

4 Secretary concerned shall apply, as applicable, 

5 the extraordinary circumstances procedures de6 scribed in— 

7 (i) section 220.6 of title 36, Code of 

8 Federal Regulations (or a successor regula9 tion); and 

10 (ii) section 46.215 of title 43, Code of 

11 Federal Regulations (or a successor regula12 tion). 

13 (c) NEEDS ASSESSMENTS.—Except as required 

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

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

16 conduct a needs assessment as a condition of issuing a 

17 special recreation permit for a Federal land unit under 

18 this Act. 

19 (d) ONLINE APPLICATIONS.—The Secretary con20 cerned shall make applications for special recreation per21 mits available to be completed and submitted online unless 

22 the Secretary concerned determines that making applica23 tions for special recreation permits available to be com24 pleted and submitted online would not improve the effi25 ciency or accessibility of the permitting process. 


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1 SEC. 104. PERMIT FLEXIBILITY. 

2 (a) SIMILAR ACTIVITIES.—The Secretary concerned 

3 shall establish a permit administration protocol that au4 thorizes, to the maximum extent practicable, a permittee 

5 issued a special recreation permit for a Federal land unit 

6 under section 803(h) of the Federal Lands Recreation En7 hancement Act (16 U.S.C. 6802(h)) to engage in a rec8 reational activity that is substantially similar to the spe9 cific activity authorized under the special recreation per10 mit, if the substantially similar recreational activity— 

11 (1) is comparable in type, nature, scope, and 

12 ecological setting to the specific activity authorized 

13 under the special recreation permit; 

14 (2) does not result in a greater impact on nat15 ural and cultural resources than the authorized ac16 tivity; 

17 (3) does not adversely affect any other per18 mittee issued a special recreation permit for a Fed19 eral land unit under that subsection; 

20 (4) does not involve the use of a motor for a 

21 previously non-motorized use; and 

22 (5) is consistent with any laws and regulations 

23 (including land use or management plans) applying 

24 to a Federal land unit. 

25 (b) VOLUNTARY RETURN OF SURPLUS SERVICE

26 DAYS.—The Secretary concerned shall establish a proVerDate Sep 11 2014 06:25 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3670.IH H3670

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1 gram to allow a permittee issued a special recreation per2 mit for a Federal land unit to voluntarily and temporarily 

3 return to the Secretary concerned 1 or more surplus serv4 ice days, to be made available to any other existing or po5 tential permittee. 

6 (c) FOREST SERVICE AND BUREAU OF LAND MAN7 AGEMENT TEMPORARY SPECIAL RECREATION PER8 MITS.— 

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

10 after the date of the enactment of this Act, the Sec11 retary concerned shall establish and implement a 

12 program to authorize the issuance of temporary spe13 cial recreation permits for new or additional rec14 reational uses of Federal recreational land and water 

15 managed by the Forest Service and the Bureau of 

16 Land Management. 

17 (2) TERM OF TEMPORARY PERMITS.—A tem18 porary special recreation permit issued under para19 graph (1) shall be issued for a period of not more 

20 than 2 years. 

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

22 the Secretary concerned determines that a permittee 

23 under paragraph (1) has completed 2 years of satis24 factory operation under the permit proposed to be 

25 converted, the Secretary may provide for the converVerDate Sep 11 2014 06:25 Jul 03, 2021 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H3670.IH H3670

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1 sion of a temporary special recreation permit issued 

2 under paragraph (1) to a long-term special recre3 ation permit. 

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

5 or affects the authority of the Secretary to issue a 

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

7 section 803 of the Federal Lands Recreation En8 hancement Act (16 U.S.C. 6802(h)(1)). 

9 SEC. 105. PERMIT ADMINISTRATION. 

10 (a) PERMIT AVAILABILITY.— 

11 (1) NOTIFICATION OF PERMIT AVAILABILITY.— 

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

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

14 concerned has determined that the Department 

15 of Agriculture or the Department of the Inte16 rior, as applicable, is able to issue new special 

17 recreation permits to recreation service pro18 viders seeking to use a Federal land unit, the 

19 Secretary concerned shall publish that informa20 tion on the website of the agency that admin21 isters the relevant Federal land unit. 

22 (B) EXCEPTION FOR CERTAIN PERMITS.— 

23 With respect to a Federal land unit managed by 

24 the Forest Service or the Bureau of Land Man25 agement, subparagraph (A) shall apply only to 


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1 a long-term special recreation permit for the 

2 Federal land unit. 

3 (C) EXCEPTION FOR RENEWALS AND

4 REISSUANCES.—Subparagraph (A) shall not 

5 apply to— 

6 (i) a renewal or reissuance of an exist7 ing special recreation permit; or 

8 (ii) a new special recreation permit 

9 issued to the purchaser of a recreation 

10 service provider that is the holder of an ex11 isting special recreation permit. 

12 (D) EFFECT.—Nothing in this paragraph 

13 creates a prerequisite to the issuance of a spe14 cial recreation permit or otherwise limits the 

15 authority of the Secretary concerned— 

16 (i) to issue a new special recreation 

17 permit; 

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

19 an existing special recreation permit; or 

20 (iii) to make special recreation per21 mits available to members of the public. 

22 (2) UPDATES.—The Secretary concerned shall 

23 ensure that information published on the website 

24 under this subsection is consistently updated to pro25 vide current and correct information to the public. 


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1 (3) ELECTRONIC MAIL NOTIFICATION.—The 

2 Secretary concerned shall— 

3 (A) establish a system by which potential 

4 special recreation permit applicants may sub5 scribe to receive notification of the availability 

6 of special recreation permits by electronic mail; 

7 and 

8 (B) direct employees of the Department of 

9 Agriculture or the Department of the Interior, 

10 as applicable, to use that system to notify the 

11 public of the availability of special recreation 

12 permits. 

13 (b) PERMIT APPLICATION ACKNOWLEDGMENT.—Not 

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

15 of the Interior receives a completed application or the Sec16 retary of Agriculture receives a complete proposal for a 

17 special recreation permit for a Federal land unit, the Sec18 retary concerned shall— 

19 (1) provide to the applicant notice acknowl20 edging receipt of the application or proposal; and 

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

22 application or proposal; or 

23 (B) provide to the applicant notice of a pro24 jected date for a final decision on the application or 

25 proposal. 


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1 SEC. 106. PERMITS FOR MULTIJURISDICTIONAL TRIPS. 

2 (a) SINGLE JOINT SPECIAL RECREATION PER3 MITS.— 

4 (1) IN GENERAL.—In the case of a multijuris5 dictional trip, the Federal land management agen6 cies with jurisdiction over the multijurisdictional trip 

7 may offer to the applicant a single joint special 

8 recreation permit that authorizes the use of each 

9 Federal land unit under the jurisdiction of those 

10 Federal land management agencies. 

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

12 special recreation permit under paragraph (1), the 

13 applicable Federal land management agencies shall 

14 designate a lead agency for administering the single 

15 joint special recreation permit based on the following 

16 considerations: 

17 (A) The length of the multijurisdictional 

18 trip and the relative portions of the multijuris19 dictional trip on each Federal land unit. 

20 (B) The congressional or administrative 

21 designations that apply to the areas to be used 

22 during the multijurisdictional trip and the de23 gree to which those designations impose limita24 tions on recreational use. 

25 (C) The relative ability of the Federal land 

26 management agencies with jurisdiction over the 


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1 multijurisdictional trip to respond to the single 

2 joint special recreation permit application in a 

3 timely manner. 

4 (D) Other relevant administrative consider5 ations. 

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

7 offered a single joint special recreation permit under 

8 paragraph (1) shall submit to the lead agency an ap9 plication, as required by the lead agency. 

10 (4) OPTION TO APPLY FOR SEPARATE PER11 MITS.—An applicant for a special recreation permit 

12 for a multijurisdictional trip may apply to each ap13 plicable Federal land management agency for a sep14 arate permit for the portion of the multijuris15 dictional trip on the Federal land unit managed by 

16 each applicable Federal land management agency. 

17 (5) PROHIBITIONS.—Nothing in this section 

18 shall be construed to allow an activity that would 

19 otherwise be prohibited on the Federal land unit 

20 where the activity would take place. 

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

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

23 shall— 

24 (1) coordinate with each associated agency, con25 sistent with the authority of the Secretary concerned 


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1 under section 330 of the Department of the Interior 

2 and Related Agencies Appropriations Act, 2001 (43 

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

4 that covers the entirety of the multijurisdictional 

5 trip; 

6 (2) in processing the joint special recreation 

7 permit application, incorporate the findings, inter8 ests, and needs of the associated agency; 

9 (3) in issuing the joint special recreation per10 mit, clearly identify the agencies that have the au11 thority to enforce the terms, stipulations, conditions 

12 and agreements of the joint special recreation per13 mit, as determined under subsection (d); and 

14 (4) complete the permitting process within a 

15 reasonable timeframe. 

16 (c) COST RECOVERY.—The coordination with the as17 sociated agency under subsection (b) shall not be subject 

18 to cost recovery. 

19 (d) ENFORCEMENT AUTHORITY.— 

20 (1) DELEGATION OF AUTHORITY TO LEAD

21 AGENCY.—In administering a single joint special 

22 recreation permit under subsection (a), the associ23 ated agency shall delegate to the lead agency the au24 thority— 


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1 (A) to enforce the terms, stipulations, con2 ditions, and agreements of the joint special 

3 recreation permit, as may be required by the 

4 regulations of the Secretary of the associated 

5 agency; and 

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

7 joint special recreation permit for— 

8 (i) noncompliance with Federal, State, 

9 or local laws and regulations; 

10 (ii) noncompliance with the terms of 

11 the joint special recreation permit; or 

12 (iii) failure of the holder of the joint 

13 special recreation permit to exercise the 

14 privileges granted by the joint special 

15 recreation permit. 

16 (2) RETENTION OF AUTHORITY BY THE ASSOCI17 ATED AGENCY.—The associated agency shall retain 

18 the authority to enforce the terms, stipulations, con19 ditions, and agreements in the joint special recre20 ation permit that apply specifically to the use occur21 ring on the Federal land unit managed by the asso22 ciated agency. 

23 (e) WITHDRAWAL.— 


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

3 recreation permit at any time. 

4 (2) ISSUANCE OF SEPARATE PERMITS.— 

5 (A) IN GENERAL.—In the case of a with6 drawal by 1 or more agencies under paragraph 

7 (1), if the holder of the joint special recreation 

8 permit is in compliance with the requirements 

9 of the joint special recreation permit, the lead 

10 agency and each associated agency shall issue 

11 to the holder of the joint special recreation per12 mit a new, separate special recreation permit 

13 for any use occurring on the Federal land unit 

14 managed by the agency. 

15 (B) NO NEW APPLICATION.—The holder of 

16 a joint special recreation permit from which an 

17 agency has withdrawn under paragraph (1) 

18 shall not be required to submit a new applica19 tion for a separate special recreation permit 

20 under subparagraph (A). 

21 (f) TREATMENT OF FEDERAL LAND UNITS CHARG22 ING ENTRANCE FEES.—Entrance fees may still be col23 lected in addition to any special recreation permit fees for 

24 any trip that originates on, or outside of but passes 

25 through, a Federal lands unit that charges such fees. 


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1 SEC. 107. FOREST SERVICE PERMIT USE REVIEWS. 

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

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

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

6 a special recreation permit, the Secretary shall— 

7 (1) take into consideration the performance of 

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

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

12 the special recreation permit holder the highest level 

13 of actual annual use during the period under review 

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

15 allocated to the special recreation permit holder on 

16 the date on which the special recreation permit was 

17 issued. 

18 (b) ADDITIONAL CAPACITY.— 

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

20 available the Secretary may, at any time, assign ad21 ditional use capacity to 1 or more qualified recre22 ation service providers. 

23 (2) ASSIGNMENT NOT SUBJECT TO CAP ON

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

25 additional use capacity under paragraph (1), the 

26 Secretary may assign additional use capacity to an 


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1 existing special recreation permit holder even if that 

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

4 date on which the special recreation permit was 

5 issued. 

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

7 recreation permit use review for any period during which 

8 use of the assigned capacity has been prevented by a cir9 cumstance beyond the control of the special recreation per10 mit holder, such as— 

11 (1) unfavorable weather; 

12 (2) fire; 

13 (3) natural disaster; 

14 (4) wildlife displacement; 

15 (5) business interruption; 

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

18 (7) significant seasonal variability or off-peak 

19 periods within the allocated period of use. 

20 (d) APPROVAL OF NON-USE.— 

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

22 which the holder of a special recreation permit would 

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

24 of the holder of the special recreation permit, the 

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


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

3 permit. 

4 (2) TEMPORARY REASSIGNMENT OF USE.—The 

5 Secretary may temporarily assign any period of non6 use approved under paragraph (1) to any other ex7 isting or potential permittee. 

8 SEC. 108. LIABILITY. 

9 (a) EXCULPATORY AGREEMENTS.— 

10 (1) IN GENERAL.—A Federal land management 

11 agency shall not implement, administer, or enforce 

12 any regulation, guidance, or policy regarding the use 

13 of an exculpatory agreement between a special recre14 ation permit holder and a customer of the special 

15 recreation permit holder relating to services provided 

16 under a special recreation permit. 

17 (2) SAVINGS CLAUSE.—Nothing in this sub18 section preempts, displaces, modifies, or eliminates 

19 any State law (including common law) regarding ex20 culpatory agreements. 

21 (b) INDEMNIFICATION BY GOVERNMENT ENTI22 TIES.—The Secretary concerned may not require a recre23 ation service provider to indemnify the United States as 

24 a condition for issuing a special recreation permit for a 

25 Federal land unit under this section 803(h) of the Federal 


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1 Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) 

2 if— 

3 (1) the recreation service provider is prohibited 

4 by State or local law from providing indemnification 

5 to the United States; and 

6 (2) the recreation service provider— 

7 (A) carries the minimum amount of liabil8 ity insurance coverage required by the issuing 

9 agency for the activities conducted under the 

10 special recreation permit; or 

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

12 SEC. 109. COST RECOVERY REFORM. 

13 (a) REVISION OF REGULATIONS.— 

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

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

16 of Agriculture shall revise section 251.58 of title 36, 

17 Code of Federal Regulations, and the Secretary of 

18 the Interior shall revise subsections (e) and (f) of 

19 section 2932.31 of title 43, Code of Federal Regula20 tions, to be consistent with this section. 

21 (2) LIMITATION.—In carrying out paragraph 

22 (1), the Secretary of Agriculture and the Secretary 

23 of the Interior shall not include anything in the re24 vised regulations that would limit the authority of 


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1 the Secretary concerned to issue or renew special 

2 recreation permits. 

3 (b) DE MINIMIS EXEMPTION FROM COST RECOV4 ERY.— 

5 (1) IN GENERAL.—Any regulation promulgated 

6 by the Secretary of the Interior or the Secretary of 

7 Agriculture to establish fees to recover the costs of 

8 processing an application for a special recreation 

9 permit issued by the U.S. Forest Service or the Bu10 reau of Land Management, or for monitoring an au11 thorization under a special recreation permit issued 

12 by the Forest Service or the Bureau of Land Man13 agement, shall include an exemption providing that 

14 fees may not be recovered for not less than the first 

15 50 hours of work necessary in any 1 year to process 

16 the application or monitor the authorization. 

17 (2) MULTIPLE APPLICATIONS.—In situations 

18 involving multiple applications for special recreation 

19 permits issued by the Forest Service or the Bureau 

20 of Land Management for similar services in the 

21 same Federal land unit or area that, in the aggre22 gate, require more hours to process than are exempt 

23 under the regulations promulgated under paragraph 

24 (1), the Secretary concerned shall, regardless of 


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1 whether the applications are solicited or unsolicited 

2 and whether there is competitive interest— 

3 (A) determine the share of the aggregate 

4 quantity of hours to be allocated to each appli5 cation on an equal or prorated basis, as appro6 priate; and 

7 (B) for each application, apply a separate 

8 exemption as specified in the regulations pro9 mulgated under paragraph (1) to the share of 

10 the aggregate hours allocated to the application. 

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

12 practicable, the agency processing an application for a spe13 cial recreation permit shall use existing studies and anal14 ysis to reduce the quantity of work and costs necessary 

15 to process the application. 

16 SEC. 110. EXTENSION OF SPECIAL RECREATION PERMITS. 

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

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

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

20 special recreation permit, the expiration of the permit 

21 shall be tolled in accordance with the undesignated matter 

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

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

24 determined by the Secretary concerned. 


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

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

3 (c) RESPONSIBILITY OF THE SECRETARY CON4 CERNED.—Before allowing the expiration of a permit to 

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

6 to the maximum extent practicable, shall complete the re7 newal process. 

8 SEC. 111. AVAILABILITY OF FEDERAL AND STATE RECRE9 ATION PASSES. 

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

11 Enhancement Act is amended by inserting after section 

12 805 (16 U.S.C. 6804) the following: 

13 ‘‘SEC. 805A. AVAILABILITY OF FEDERAL AND STATE RECRE14 ATION PASSES. 

15 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 

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

17 of Federal and State outdoor recreation passes, the 

18 Secretaries are encouraged to consult with States to 

19 coordinate the availability of Federal and State 

20 recreation passes to allow a purchaser to buy a Fed21 eral recreation pass and a State recreation pass in 

22 the same transaction. 

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

24 the program established under paragraph (1) in25 clude— 


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1 ‘‘(A) an America the Beautiful—the Na2 tional Parks and Federal Recreational Lands 

3 Pass under section 805; and 

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

5 by participating States and localities for en6 trance and recreational use of parks and public 

7 land in the participating States. 

8 ‘‘(b) AGREEMENTS WITH STATES.— 

9 ‘‘(1) IN GENERAL.—The Secretaries, after con10 sultation with the States, may enter into agreements 

11 with States to coordinate the availability of passes 

12 as described in subsection (a). 

13 ‘‘(2) REVENUE FROM PASS SALES.—The agree14 ments between the Secretaries and the States shall 

15 ensure that— 

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

17 are transferred to the appropriate State agency; 

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

19 are transferred to the appropriate Federal 

20 agency; and 

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

22 end of a fiscal year for all pass sales occurring 

23 during the fiscal year. 

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

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


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1 the Federal Register a notice describing the agree2 ment.’’. 

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

4 for the Federal Lands Recreation Enhancement Act (16 

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

6 item relating to section 805 the following: 

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

7 SEC. 112. ONLINE PURCHASES OF AMERICA THE BEAU8 TIFUL—THE NATIONAL PARKS AND FEDERAL 

9 RECREATIONAL LANDS PASS. 

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

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

12 6804(a)(6)) is amended by striking subparagraph (A) and 

13 inserting the following: 

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

15 sell the America the Beautiful—the National 

16 Parks and Federal Recreational Lands Pass— 

17 ‘‘(i) at all Federal recreational lands 

18 and waters at which an entrance fee or a 

19 standard amenity recreation fee is charged 

20 where feasible to do so; 

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

22 Secretaries consider appropriate and fea23 sible; and 

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

25 the Federal land management agencies and 


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1 the websites of the relevant units and 

2 subunits of those agencies, with— 

3 ‘‘(I) a prominent link on each 

4 website; and 

5 ‘‘(II) information about where 

6 and when passes are needed.’’. 

7 (b) ENTRANCE PASS AND AMENITY FEES.—The Sec8 retaries shall make available for payment online, if appro9 priate and feasible, for each Federal land unit where 

10 passes and fees are required— 

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

12 Federal Lands Recreation Enhancement Act (16 

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

14 (2) all standard amenity recreation fees under 

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

16 (3) all expanded amenity recreation fees under 

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

18 SEC. 113. SAVINGS PROVISION. 

19 Nothing in this Act, or in any amendment made by 

20 this Act, shall be construed as affecting the authority or 

21 responsibility of the Secretary of the Interior to award 

22 concessions contracts for the provision of accommodations, 

23 facilities, and services, or commercial use authorizations 

24 to provide services, to visitors to units of the National 

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1 cessions Management Improvement Act of 1998, except 

2 that sections 103(a), 103(b), 103(d), 104(a), 104(b), 106, 

3 108(a), and 108(b) of this Act shall also apply to commer4 cial use authorizations under that Act. 

5 TITLE II—MAKING RECREATION 

6 A PRIORITY 

7 SEC. 201. EXTENSION OF SEASONAL RECREATION OPPOR8 TUNITIES. 

9 (a) IN GENERAL.— 

10 (1) EXTENSION OF RECREATIONAL SEASON.— 

11 The relevant unit managers of Federal recreational 

12 lands and waters managed by the Forest Service, 

13 the Bureau of Land Management, and the National 

14 Park Service may— 

15 (A) identify areas of Federal recreational 

16 lands and waters in which recreation use is 

17 highly seasonal; 

18 (B) where appropriate, extend the recre19 ation season or increase recreation use in a sus20 tainable manner during the offseason; and 

21 (C) make information about extended sea22 son schedules and related recreational opportu23 nities available to the public and local commu24 nities. 


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1 (2) CLARIFICATION.—Nothing in this sub2 section precludes the Secretaries from providing for 

3 additional recreational opportunities and uses at 

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

5 (b) INCLUSIONS.—An extension under subsection 

6 (a)(1) may include— 

7 (1) the addition of facilities that would increase 

8 recreation use during the offseason; and 

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

10 the season. 

11 (c) REQUIREMENT.—An extension under subsection 

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

13 regulations, and policies, including land use plans. 

14 SEC. 202. RECREATION PERFORMANCE METRICS. 

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

16 and the Director of the Bureau of Land Management shall 

17 evaluate land managers under their jurisdiction based on 

18 the achievement of applicable agency recreational and 

19 tourism metrics as described in applicable land manage20 ment plans. 

21 (b) METRICS.— 

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

23 recreation and tourism outcomes shall ensure— 

24 (A) the advancement of recreation and 

25 tourism goals; and 


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1 (B) the ability of the land manager to en2 hance the outdoor experience of the visitor. 

3 (2) INCLUSIONS.—The metrics referred to in 

4 paragraph (1) shall include— 

5 (A) the extent of positive economic im6 pacts; 

7 (B) visitation by families; 

8 (C) the number of visiting school and 

9 youth groups; 

10 (D) the number of available recreational 

11 opportunities; 

12 (E) the quality of visitor experience; 

13 (F) the number of recreational and envi14 ronmental educational programs offered; 

15 (G) visitor satisfaction; and 

16 (H) the maintenance and expansion of ex17 isting recreation infrastructure. 

18 TITLE III—MAINTENANCE OF 

19 PUBLIC LAND 

20 SEC. 301. PRIVATE-SECTOR VOLUNTEER ENHANCEMENT 

21 PROGRAM. 

22 (a) PURPOSE.—The purpose of this section is to pro23 mote private-sector volunteer programs within the Depart24 ment of the Interior and the Department of Agriculture 

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1 ability of the resources, values, and facilities of the Fed2 eral recreational lands and waters managed by the Federal 

3 land management agencies. 

4 (b) DEFINITIONS.—In this section: 

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

7 (A) the Secretary of Agriculture (acting 

8 through the Chief of the Forest Service), with 

9 respect to National Forest System land; and 

10 (B) the Secretary of the Interior, with re11 spect to land managed by the Bureau of Land 

12 Management. 

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

14 any individual who performs volunteer services under 

15 this section. 

16 (c) ESTABLISHMENT.—The Secretary concerned 

17 shall carry out a program under which the Secretary con18 cerned shall— 

19 (1) enhance private-sector volunteer programs; 

20 (2) actively promote private-sector volunteer op21 portunities; and 

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

23 the private sector for the purposes described in para24 graphs (1) and (2). 


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1 (d) COOPERATIVE AGREEMENTS FOR STEWARDSHIP

2 OF FEDERAL LAND.— 

3 (1) AUTHORITY TO ENTER INTO AGREE4 MENTS.—The Secretary concerned may enter into 

5 cooperative agreements (in accordance with section 

6 6305 of title 31, United States Code) with private 

7 agencies, organizations, institutions, corporations, 

8 individuals, or other entities to carry out one or 

9 more projects or programs with a Federal land man10 agement agency in accordance with this section. 

11 (2) PROJECT AND PROGRAM INSTRUCTIONS.— 

12 The Secretary concerned shall include in the cooper13 ative agreement the desired outcomes of the project 

14 or program and the guidelines for the volunteers to 

15 follow, including— 

16 (A) the physical boundaries of the project 

17 or program; 

18 (B) the equipment the volunteers are au19 thorized to use to complete the project or pro20 gram; 

21 (C) the training the volunteers are re22 quired to complete, including agency consider23 ation and incorporation of training offered by 

24 qualified nongovernmental organizations and 

25 volunteer partner organizations; 


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

3 and 

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

6 volunteer group to complete the project or pro7 gram. 

8 (3) AUTHORIZED PROJECTS AND PROGRAMS.— 

9 Subject to paragraph (4), the Secretary concerned 

10 may use a cooperative agreement to carry out 

11 projects and programs for Federal land that— 

12 (A) promote the stewardship of resources 

13 of Federal land by volunteers; 

14 (B) support maintaining the resources, 

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

17 (C) increase awareness, understanding, 

18 and stewardship of Federal land through the 

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

21 (D) promote the use of Federal land as 

22 outdoor classrooms. 

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

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


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1 program for the Federal land only if the project or 

2 program— 

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

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

7 and waters involved; 

8 (C) is monitored by the relevant Federal 

9 land management agency during the project 

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

12 (2); and 

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

15 be appropriate. 

16 SEC. 302. ENHANCING OUTDOOR RECREATION THROUGH 

17 PUBLIC LANDS SERVICE ORGANIZATIONS. 

18 In carrying out projects on Federal recreational lands 

19 and waters that would directly or indirectly enhance recre20 ation, the Secretaries shall— 

21 (1) to the maximum extent practicable— 

22 (A) use qualified youth or conservation 

23 corps as defined in section 203(11) of the Pub24 lic Lands Corps Act of 1993 (16 U.S.C. 

25 1722(11)); and 


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1 (B) use non-profit wilderness and trails 

2 stewardship organizations; 

3 (2) enter into cooperative agreements with the 

4 Corps Network, the National Wilderness Steward5 ship Alliance, American Trails, and other public 

6 lands stewardship organizations, as appropriate, for 

7 the purpose of identifying appropriate projects, ac8 tivities, and workforce development outcomes; and 

9 (3) waive any matching funds requirements, in10 cluding under section 212(a)(1) of the Public Lands 

11 Corps Act of 1993 (16 U.S.C. 1729(a)(1)). 

Æ 


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