America’s Outdoor Recreation Act of 2023

To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the America’s Outdoor Recreation Act of 2023 (b) Table of contents The table of contents for 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. 122. Climbing guidance. Sec. 123. 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. Sec. 145. Monitoring for improved recreation decision making. 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. Reviews for transitional permits and long-term permits. 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. 2. Definitions In this Act: (1) Commercial use authorization The term commercial use authorization chapter 1019 (2) Federal land management agency The term Federal land management agency 16 U.S.C. 6801 (3) Federal recreational lands and waters The term Federal recreational lands and waters 16 U.S.C. 6801 (4) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (5) Recreation service provider The term recreation service provider 16 U.S.C. 6801 (6) Secretaries The term Secretaries (A) the Secretary; and (B) the Secretary of Agriculture. (7) Secretary The term Secretary (8) Secretary concerned The term Secretary concerned (A) the Secretary, with respect to land under the jurisdiction of the Secretary; or (B) the Secretary of Agriculture, with respect to land managed by the Forest Service. (9) Special recreation permit The term special recreation permit 16 U.S.C. 6801 (10) Visitor-use day The term visitor-use day I Outdoor recreation and infrastructure A Declaration of policy 111. Congressional declaration of policy Congress declares that it is the policy of the Federal Government to foster and encourage recreation on Federal recreational lands and waters, to the extent consistent with the laws applicable to specific areas of Federal recreational lands and waters, including multiple-use mandates and land management planning requirements. B Public recreation on Federal recreational lands and waters 121. Biking on long-Distance bike trails (a) Definition of long-Distance bike trail In this section, the term long-distance bike trail (1) is not less than a total of 80 miles in length on Federal recreational lands and waters; (2) to the maximum extent practicable, makes use of existing trails; (3) is composed generally of a consistent type of trail; (4) may be used for mountain biking, bikepacking, road biking, bicycle touring, or gravel biking; and (5) may include short connections by way of a road or highway. (b) Long-Distance bike trails on Federal recreational lands and waters (1) Identification of long-distance bike trails Subject to paragraph (2), the Secretaries shall— (A) identify not fewer than 10 long-distance bike trails, consistent with management requirements for the Federal recreational lands and waters identified, that make use of trails and roads in existence on the date of enactment of this Act; and (B) (i) identify not fewer than 10 areas in which there is an opportunity to develop or complete long-distance bike trails, consistent with the management requirements for the Federal recreational lands and waters identified; (ii) coordinate with stakeholders on the feasibility of, and identifying any resources necessary for, completing the development of the trails identified under clause (i); and (iii) incorporate existing applicable research and planning decisions in carrying out this section. (2) Conflict avoidance with other uses Before identifying a trail or road as a long-distance bike trail under paragraph (1), the Secretary concerned shall ensure that the identification of the long-distance bike trail would not conflict with an existing use of the trail or road, including horseback riding or use by pack and saddle stock. (3) Maps, signage, and promotional materials For any long-distance bike trail identified under paragraph (1), the Secretary concerned may publish and distribute maps, install signage, and issue promotional materials. (4) Geographic representation To the extent practicable, the Secretary concerned shall seek to identify long-distance bike trails and areas for the development or completion of long-distance bike trails under paragraph (1) in a geographically equitable manner. (5) Report Not later than 2 years after the date of enactment of this Act, the Secretaries, in partnership with interested organizations, shall prepare and publish a report that lists the long-distance bike trails identified under paragraph (1). 122. Forest Service climbing guidance (a) Climbing guidance in wilderness (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall issue guidance relating to climbing management for National Forest System land, including in designated wilderness areas on National Forest System land, pursuant to the joint explanatory statement for division G (relating to the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021) described in section 4 of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) other applicable laws (including regulations); and (C) any terms and conditions that are determined to be necessary by the Secretary of Agriculture. (2) Allowable activities The allowable activities referred to in paragraph (1) are— (A) recreational climbing; (B) the placement, use, and maintenance of fixed anchors; and (C) the use of other equipment necessary for recreational climbing. (b) Public notice and comment Before finalizing guidance relating to climbing management under subsection (a)(1), the Secretary of Agriculture shall provide to the public notice and an opportunity to comment regarding the proposed guidance. 122. Climbing guidance (a) Guidance Not later than 18 months after the date of enactment of this Act, each Secretary concerned shall issue guidance for recreational climbing activities on Federal land under the jurisdiction of the Secretary concerned, including within components of the National Wilderness Preservation System. (b) Applicable law The guidance issued under subsection (a) shall ensure that recreational climbing activities comply with the laws (including regulations) applicable to the land under the jurisdiction of the Secretary concerned. (c) Wilderness areas (1) In general The guidance issued under subsection (a) shall recognize that recreational climbing (including the placement and maintenance of fixed anchors, where necessary for safety) is an appropriate recreational use within a component of the National Wilderness Preservation System, if undertaken— (A) in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (B) subject to any terms and conditions determined to be appropriate by the Secretary concerned. (2) Authorization The guidance issued under subsection (a) shall describe the requirements, if any, for the placement and maintenance of fixed anchors for recreational climbing in a component of the National Wilderness Preservation System, including any terms and conditions determined by the Secretary concerned to be appropriate, which may be issued programmatically or on a case-by-case basis. (d) Existing routes The guidance issued under subsection (a) shall include direction providing for the continued use and maintenance of recreational climbing routes (including fixed anchors along the routes) in existence as of the date of enactment of this Act, in accordance with this section, and where appropriate. (e) Public comment Before finalizing the guidance issued under subsection (a), the Secretary concerned shall provide opportunities for public comment with respect to the guidance. 123. Target shooting ranges (a) Definition of target shooting range In this section, the term target shooting range (b) Assessing, identifying, and establishing target shooting range locations (1) Assessment Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall make available to the public a list that— (A) identifies each National Forest and each Bureau of Land Management district that has a target shooting range that meets the requirements described in paragraph (3)(B); (B) identifies each National Forest and each Bureau of Land Management district that does not have a target shooting range that meets the requirements described in paragraph (3)(B); and (C) for each National Forest and each Bureau of Land Management district identified under subparagraph (B), provides a determination of whether applicable law or the applicable land use plan prevents the establishment of a target shooting range that meets the requirements described in paragraph (3)(B). (2) Identification of target shooting range locations (A) In general The Secretary concerned shall identify at least 1 suitable location for a target shooting range that meets the requirements described in paragraph (3)(B) within each National Forest and each Bureau of Land Management district with respect to which the Secretary concerned has determined under paragraph (1)(C) that the establishment of a target shooting range is not prevented by applicable law or the applicable land use plan. (B) Requirements The Secretaries, in consultation with the entities described in subsection (d), shall, for purposes of identifying a suitable location for a target shooting range under subparagraph (A)— (i) consider the proximity of areas frequently used by recreational shooters; (ii) ensure that the target shooting range would not adversely impact a shooting range operated or maintained by a non-Federal entity, including a shooting range located on private land; and (iii) consider other nearby recreational uses to minimize potential conflict. (3) Establishment of new target shooting ranges (A) In general Not later than 5 years after the date of enactment of this Act, at 1 or more suitable locations identified on each eligible National Forest and each Bureau of Land Management district under paragraph (2)(A), the Secretary concerned shall— (i) subject to the availability of appropriations, construct a target shooting range that meets the requirements described in subparagraph (B) or modify an existing target shooting range to meet the requirements described in subparagraph (B); or (ii) enter into an agreement with an entity described in subsection (d)(1), under which the entity shall establish or maintain a target shooting range that meets the requirements described in subparagraph (B). (B) Requirements A target shooting range established under this paragraph— (i) (I) shall be able to accommodate rifles, pistols, and shotguns; and (II) may accommodate archery; (ii) shall include appropriate public safety designs and features, including— (I) significantly modified landscapes, including berms, buffer distances, or other public safety designs or features; (II) a designated firing line; and (III) benches; (iii) may include— (I) shade structures; (II) trash containers; (III) restrooms; and (IV) any other features that the Secretary concerned determines to be necessary; and (iv) may not require a user to pay a fee to use the target shooting range. (C) Recreation and Public Purposes Act For purposes of subparagraph (A), the Secretary concerned may consider a target shooting range that is located on land transferred pursuant to the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq. (c) Restrictions (1) Management The management of a target shooting range shall be subject to such conditions as the Secretary concerned determines are necessary for the safe, responsible use of— (A) the target shooting range; and (B) the adjacent land and resources. (2) Closures Except in emergency situations for reasons of public safety, the Secretary concerned shall seek to ensure that a target shooting range that meets the requirements described in subsection (b)(3)(B), or an equivalent shooting range adjacent to a National Forest or Bureau of Land Management district, is available to the public prior to closing Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management to recreational shooting, in accordance with section 4103 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 16 U.S.C. 7913 (d) Consultations (1) In general In carrying out this section, the Secretaries shall consult with interested parties, as applicable, including— (A) local and Tribal governments; (B) nonprofit or nongovernmental organizations, including organizations that are signatories to the memorandum of understanding entitled Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding (C) State fish and wildlife agencies; (D) shooting clubs; (E) Federal advisory councils relating to hunting and shooting sports; (F) individuals or entities with authorized leases or permits in an area under consideration for a target shooting range; (G) State and local offices of outdoor recreation; (H) State and local public safety agencies; (I) adjacent landowners; and (J) the public. (2) Partnerships The Secretaries may— (A) coordinate with an entity described in paragraph (1) to assist with the construction, modification, operation, or maintenance of a target shooting range; and (B) explore opportunities to leverage funding to maximize non-Federal investment in the construction, modification, operation, or maintenance of a target shooting range. (e) Annual reports Not later than 1 year after the date of enactment of this Act and annually thereafter through fiscal year 2033, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made with respect to the implementation of this section. (f) Savings clause Nothing in this section affects the authority of the Secretary concerned to administer a target shooting range that is in addition to the target shooting ranges that meet the requirements described in (b)(3)(B) on Federal recreational lands and waters administered by the Secretary concerned. C Improving recreation infrastructure 131. Broadband internet connectivity at developed recreation sites (a) In general The Secretary and the Chief of the Forest Service shall enter into an agreement with the Secretary of Commerce to foster the installation or construction of broadband internet infrastructure at developed recreation sites on Federal recreational lands and waters to establish broadband internet connectivity— (1) subject to the availability of appropriations; and (2) in accordance with applicable law. (b) Identification Not later than 2 years after the date of enactment of this Act, and annually thereafter through fiscal year 2033, the Secretary and the Chief of the Forest Service, in coordination with States and local communities, shall make publicly available— (1) a list of the highest priority developed recreation sites, as determined under subsection (c), on Federal recreational lands and waters that lack broadband internet; (2) an estimate of— (A) the cost to equip each of those sites with broadband internet infrastructure; and (B) the annual cost to operate that infrastructure; and (3) a list of potential— (A) barriers to operating the infrastructure described in paragraph (2)(A); and (B) methods to recover the costs of that operation. (c) Priorities In selecting developed recreation sites for the list described in subsection (b)(1), the Secretary and the Chief of the Forest Service shall give priority to developed recreation sites— (1) at which broadband internet infrastructure has not been constructed due to— (A) geographic challenges; or (B) the location having an insufficient number of nearby permanent residents, despite high seasonal or daily visitation levels; or (2) that are located in an economically distressed county that could benefit significantly from developing the outdoor recreation economy of the county. 132. Extension of seasonal recreation opportunities (a) Definition of seasonal closure In this section, the term seasonal closure (1) a unit of Federal recreational lands and waters, or a portion of a unit of Federal recreational lands and waters, is closed to the public for a continuous period of not less than 30 days, excluding temporary closures relating to wildlife conservation or public safety; and (2) permitted or allowable recreational activities, which provide an economic benefit, including off-season or winter-season tourism, are not taking place at— (A) the unit of Federal recreational lands and waters; or (B) a portion of a unit of Federal recreational lands and waters. (b) Coordination The Secretaries shall consult and coordinate with multiple outdoor recreation-related businesses operating on or adjacent to a unit of Federal recreational lands and waters, State offices of outdoor recreation, local destination marketing organizations, applicable trade organizations, nonprofit organizations, Indian Tribes, local governments, and institutions of higher education— (1) to better understand trends with respect to visitors to the unit of Federal recreational lands and waters; (2) to solicit input from, and provide information for, outdoor recreation marketing campaigns; and (3) to better understand— (A) the effect of seasonal closures of areas of, or infrastructure on, units of Federal recreational lands and waters on outdoor recreation opportunities, adjacent businesses, and local tax revenue; and (B) opportunities to extend the period of time during which areas of, or infrastructure on, units of Federal recreational lands and waters are open to the public to increase outdoor recreation opportunities and associated revenues for businesses and local governments. (c) Availability of infrastructure (1) In general The Secretaries shall make efforts to make infrastructure available to accommodate increased visitation to units of Federal recreational lands and waters during periods that are at or before the beginning or at or after the end of traditional seasonal closures— (A) to extend the outdoor recreation season and the duration of income to gateway communities; and (B) to provide more opportunities to visit resources on units of Federal recreational lands and waters to reduce crowding during peak seasons. (2) Inclusions Efforts described in paragraph (1) may include— (A) the addition of a facility at the unit of Federal recreational lands and waters; or (B) the improvement of access to or on the unit of Federal recreational lands and waters. (d) Agreements (1) In general The Secretaries may enter into agreements with businesses, local governments, or other entities to share the cost of additional expenses necessary to extend the period of time during which an area of, or infrastructure on, a unit of Federal recreational lands and waters is made open to the public. (2) In-kind contributions The Secretaries may accept in-kind contributions of goods and services provided by businesses, local governments, or other entities for purposes of paragraph (1). 133. Gateway communities (a) Definition of gateway community In this section, the term gateway community (b) Assessment of impacts and needs in gateway communities Subject to the availability of existing funds, the Secretaries— (1) shall collaborate with State and local governments, Indian Tribes, housing authorities, applicable trade associations, nonprofit organizations, and other relevant stakeholders to identify needs and economic impacts in gateway communities, including— (A) housing shortages; (B) demands on existing municipal infrastructure; (C) accommodation and management of sustainable visitation; and (D) the expansion and diversification of visitor opportunities by bolstering the visitation at— (i) underutilized locations, as identified under section 141(c)(1)(B), on nearby Federal recreational lands and waters; or (ii) lesser-known recreation sites, as identified under section 144(b)(1)(B), on nearby land managed by a State agency or a local agency; and (2) may address a need identified under paragraph (1) by— (A) providing financial or technical assistance to a gateway community under an existing program; (B) issuing a lease, right-of-way, or easement, in accordance with applicable laws; or (C) issuing an entity referred to in paragraph (1) a special use permit (other than a special recreation permit), in accordance with applicable laws. (c) Technical and financial assistance to businesses The Secretary of Agriculture (acting through the Administrator of the Rural Business-Cooperative Service) and the Secretary of Commerce shall provide information on applicable agency resources and programs available to provide financing, technical assistance, and other services in gateway communities to support economic opportunities through tourism, including support for the food service and accommodations sectors with an emphasis on new and diversifying businesses. (d) Partnerships In carrying out this section, the Secretaries may, in accordance with applicable laws, enter into a public-private partnership, cooperative agreement, memorandum of understanding, or similar agreement with a gateway community or a business in a gateway community. 134. Parking opportunities for Federal recreational lands and waters (a) In general The Secretaries shall seek to increase parking opportunities for persons recreating on Federal recreational lands and waters— (1) in accordance with existing laws and applicable land use plans; (2) in a manner that minimizes any increase in maintenance obligations on Federal recreational lands and waters; and (3) in a manner that does not impact wildlife habitat that is critical to the mission of a Federal agency responsible for managing Federal recreational lands and waters. (b) Authority To supplement the quantity of parking spaces available at units of Federal recreational lands and waters on the date of enactment of this Act, the Secretaries may— (1) enter into a public-private partnership for parking opportunities on non-Federal land; (2) lease non-Federal land for parking opportunities; or (3) provide alternative transportation systems for a unit of Federal recreational lands and waters. 135. Travel management (a) Travel management plans The Secretary concerned shall seek to have, not later than 5 years after the date of enactment of this Act, in a printed and publicly available format that is compliant with the format for geographic information systems— (1) for each district administered by the Director of the Bureau of Land Management, a ground transportation linear feature authorized for public use or administrative use; and (2) for each unit of the National Forest System, a motor vehicle use map. (b) Over-Snow vehicle-Use maps The Secretary concerned shall seek to have, not later than 10 years after the date of enactment of this Act, in a printed and publicly available format that is compliant with the format for geographic information systems, an over-snow vehicle use map for each unit of Federal recreational lands and waters administered by the Chief of the Forest Service or Director of the Bureau of Land Management that has adequate snowfall for over-snow vehicle use to occur on which over-snow vehicle use occurs, in accordance with existing law (c) Out-of-Date plans and maps Not later than 20 years after the date on which the Secretary concerned adopted or reviewed, through public notice and comment, a travel management plan or map described in subsection (a) or (b), the Secretary concerned shall seek to (d) Motorized and nonmotorized access The Secretaries shall seek to create additional opportunities, as appropriate, for motorized and nonmotorized access and opportunities on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management. (e) Savings clause Nothing in this section prohibits a lawful use, including a motorized or nonmotorized use, on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management, if the Secretary concerned fails to meet a timeline established under this section. 136. Public-private partnerships to modernize federally owned campgrounds, resorts, cabins, and visitor centers on Federal recreational lands and waters (a) Definitions In this section: (1) Covered activity The term covered activity (A) a capital improvement, including the construction, reconstruction, and nonroutine maintenance of any structure, infrastructure, or improvement, relating to the operation of, or access to, a covered recreation facility; and (B) any activity necessary to operate or maintain a covered recreation facility. (2) Covered recreation facility The term covered recreation facility (A) in existence on the date of enactment of this Act; and (B) located on Federal recreational lands and waters administered by— (i) the Chief of the Forest Service; or (ii) the Director of the Bureau of Land Management. (3) Eligible entity The term eligible entity (A) a unit of State, Tribal, or local government; (B) a nonprofit organization; and (C) a private entity. (b) Pilot program The Secretaries shall establish a pilot program under which the Secretary concerned may enter into an agreement with, or issue or amend a land use authorization to, an eligible entity to allow the eligible entity to carry out covered activities relating to a covered recreation facility, subject to the requirements of this section and the terms of any relevant land use authorization, regardless of whether the eligible entity holds, on the date of enactment of this Act, an authorization to be a concessionaire for the covered recreation facility. (c) Minimum number of agreements or land use authorizations Not later than 3 years after the date of enactment of this Act, the Secretary concerned, with the consent of each affected holder of an authorization to be a concessionaire for a covered recreation facility, if applicable, shall enter into at least 1 agreement or land use authorization under subsection (b) in— (1) a unit of the National Forest System in each region of the National Forest System; and (2) Federal recreational lands and waters administered by the Director of the Bureau of Land Management in not fewer than 5 States in which the Bureau of Land Management administers Federal recreational lands and waters. (d) Requirements (1) Development plans Before entering into an agreement or issuing a land use authorization under subsection (b), an eligible entity shall submit to the Secretary concerned a development plan that— (A) describes investments in the covered recreation facility to be made by the eligible entity during the first 3 years of the agreement or land use authorization; (B) describes annual maintenance spending for each year of the agreement or land use authorization; and (C) includes any other terms and conditions determined to be necessary or appropriate by the Secretary concerned. (2) Agreements and land use authorizations An agreement or land use authorization under subsection (b) shall— (A) be for a term of not more than 30 years, commensurate with the level of investment; (B) require that, not later than 3 years after the date on which the Secretary concerned enters into the agreement or issues or amends the land use authorization, the applicable eligible entity shall expend, place in an escrow account for the eligible entity to expend, or deposit in a special account in the Treasury for expenditure by the Secretary concerned, without further appropriation, for covered activities relating to the applicable covered recreation facility, an amount or specified percentage, as determined by the Secretary concerned, which shall be equal to not less than $2,000,000, of the anticipated receipts for the term of the agreement or land use authorization; (C) require the eligible entity to operate and maintain the covered recreation facility and any associated infrastructure designated by the Secretary concerned in a manner acceptable to the Secretary concerned and the eligible entity; (D) include any terms and conditions that the Secretary concerned determines to be necessary for a special use permit issued under section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act 16 U.S.C. 580d Federal Land Policy and Management Act of 1976 43 U.S.C. 1701 et seq. (E) provide for payment to the Federal Government of a fee or a sharing of revenue— (i) consistent with— (I) the land use fee for a special use permit authorized under section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act 16 U.S.C. 580d (II) the value to the eligible entity of the rights provided by the agreement or land use authorization, taking into account the capital invested by, and obligations of, the eligible entity under the agreement or land use authorization; and (ii) all or part of which may be offset by the work to be performed at the expense of the eligible entity that is separate from the routine costs of operating and maintaining the applicable covered recreation facility and any associated infrastructure designated by the Secretary concerned, as determined to be appropriate by the Secretary concerned; (F) include provisions stating that— (i) the eligible entity shall obtain no property interest in the covered recreation facility pursuant to the expenditures of the eligible entity, as required by the agreement or land use authorization; (ii) all structures and other improvements constructed, reconstructed, or nonroutinely maintained by that entity under the agreement or land use authorization on land owned by the United States shall be the property of the United States; and (iii) the eligible entity shall be solely responsible for any cost associated with the decommissioning or removal of a capital improvement, if needed, at the conclusion of the agreement or land use authorization; and (G) be subject to any other terms and conditions determined to be necessary or appropriate by the Secretary concerned. (e) Land use fee retention A land use fee paid or revenue shared with the Secretary concerned under an agreement or land use authorization under this section shall be available for expenditure by the Secretary concerned for recreation-related purposes on the unit of Federal recreational lands and waters at which the land use fee or revenue is collected, without further appropriation. 137. Forest Service pay-for-performance projects (a) Definitions In this section: (1) Independent evaluator The term independent evaluator (2) National Forest System land The term National Forest System land 16 U.S.C. 1609(a) (3) Pay-for-performance agreement The term pay-for-performance agreement chapter 63 (A) with a term of— (i) not less than 1 year; and (ii) not more than 20 years; and (B) that is executed, in accordance with applicable law, by— (i) the Secretary of Agriculture; and (ii) a pay-for-performance beneficiary or pay-for-performance project developer. (4) Pay-for-performance beneficiary The term pay-for-performance beneficiary (A) repays capital loaned upfront by a pay-for-performance investor, based on a project outcome specified in a pay-for-performance agreement; or (B) provides capital directly for costs associated with a pay-for-performance project. (5) Pay-for-performance investor The term pay-for-performance investor (6) Pay-for-performance project The term pay-for-performance project (A) would provide or enhance a recreational opportunity; (B) is conducted on— (i) National Forest System land; or (ii) other land, if the activities would benefit National Forest System land (including a recreational use of National Forest System land); and (C) would use an innovative funding or financing model that leverages— (i) loaned capital from a pay-for-performance investor to cover upfront costs associated with a pay-for-performance project, with the loaned capital repaid by a pay-for-performance beneficiary at a rate of return dependent on a project outcome, as measured by an independent evaluator; or (ii) capital directly from a pay-for-performance beneficiary to support costs associated with a pay-for-performance project in an amount based on an anticipated project outcome. (7) Pay-for-performance project developer The term pay-for-performance project developer (8) Project outcome The term project outcome (b) Establishment of pilot program The Secretary of Agriculture shall establish a pilot program in accordance with this section to carry out 1 or more pay-for-performance projects. (c) Pay-for-Performance projects (1) In general Using funds made available through a pay-for-performance agreement or appropriations, all or any portion of a pay-for-performance project may be implemented by— (A) the Secretary of Agriculture; or (B) a pay-for-performance project developer or a third party, subject to the conditions that— (i) the Secretary of Agriculture shall approve the implementation by the pay-for-performance project developer or third party; and (ii) the implementation is in accordance with applicable law. (2) Relation to land management plans A pay-for-performance project carried out under this section shall be consistent with any applicable land management plan developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 (3) Ownership (A) New improvements The United States shall have title to any improvements installed on National Forest System land as part of a pay-for-performance project. (B) Existing improvements Investing in, conducting, or completing a pay-for-performance project on National Forest System land shall not affect the title of the United States to— (i) any federally owned improvements involved in the pay-for-performance project; or (ii) the underlying land. (4) Savings clause The carrying out of any action for a pay-for-performance project does not provide any right to any party to a pay-for-performance agreement. (5) Potential conflicts Before approving a pay-for-performance project under this section, the Secretary of Agriculture shall consider and seek to avoid potential conflicts (including economic competition) with any existing written authorized use. (d) Project agreements (1) In general Notwithstanding the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498 42 U.S.C. 1397n et seq. (2) Size limitation The Secretary of Agriculture may not enter into a pay-for-performance agreement under the pilot program under this section for a pay-for-performance project valued at more than $15,000,000. (3) Financing (A) In general A pay-for-performance agreement shall specify the amounts that a pay-for-performance beneficiary or a pay-for-performance project developer agrees to pay to a pay-for-performance investor or a pay-for-performance project developer, as appropriate, in the event of an independent evaluator determining pursuant to subsection (e) the degree to which a project outcome has been achieved. (B) Eligible payments An amount described in subparagraph (A) shall be— (i) based on— (I) the respective contributions of the parties under the pay-for-performance agreement; and (II) the economic, environmental, or social benefits derived from the project outcomes; and (ii) (I) a percentage of the estimated value of a project outcome; (II) a percentage of the estimated cost savings to the pay-for-performance beneficiary or the Secretary of Agriculture derived from a project outcome; (III) a percentage of the enhanced revenue to the pay-for-performance beneficiary or the Secretary of Agriculture derived from a project outcome; or (IV) a percentage of the cost of the pay-for-performance project. (C) Forest Service financial assistance Subject to the availability of appropriations, the Secretary of Agriculture may only contribute funding for a pay-for-performance project if— (i) the Secretary of Agriculture demonstrates that— (I) the pay-for-performance project will provide a cost savings to the United States; or (II) the funding would accelerate the pace of implementation of an activity previously planned to be completed by the Secretary of Agriculture; and (ii) the contribution of the Secretary of Agriculture has a value that is not more than 50 percent of the total cost of the pay-for-performance project. (D) Special account Any funds received by the Secretary of Agriculture under subsection (c)(1)— (i) shall be retained in a separate fund in the Treasury to be used solely for pay-for-performance projects; and (ii) shall remain available until expended and without further appropriation. (4) Maintenance and decommissioning of pay-for-performance project improvements A pay-for-performance agreement shall— (A) include a plan for maintaining any capital improvement constructed as part of a pay-for-performance project after the date on which the pay-for-performance project is completed; and (B) specify the party that will be responsible for decommissioning the improvements associated with the pay-for-performance project— (i) at the end of the useful life of the improvements; (ii) if the improvements no longer serve the purpose for which the improvements were developed; or (iii) if the pay-for-performance project fails. (5) Termination of pay-for-performance project agreements The Secretary of Agriculture may unilaterally terminate a pay-for-performance agreement, in whole or in part, for any program year beginning after the program year during which the Secretary of Agriculture provides to each party to the pay-for-performance agreement a notice of the termination. (e) Independent evaluations (1) Progress reports An independent evaluator shall submit to the Secretary of Agriculture and each party to the applicable pay-for-performance agreement— (A) by not later than 2 years after the date on which the pay-for-performance agreement is executed, and at least once every 2 years thereafter, a written report that summarizes the progress that has been made in achieving each project outcome; and (B) before the first scheduled date for a payment described in subsection (d)(3)(A), and each subsequent date for payment, a written report that— (i) summarizes the results of the evaluation conducted by the independent evaluator to determine whether a payment should be made pursuant to the pay-for-performance agreement; and (ii) analyzes the reasons why a project outcome was achieved or was not achieved. (2) Final reports Not later than 180 days after the date on which a pay-for-performance project is completed, the independent evaluator shall submit to the Secretary of Agriculture and each party to the pay-for-performance agreement a written report that includes, with respect to the period covered by the report— (A) an evaluation of the effects of the pay-for-performance project with respect to each project outcome; (B) a determination of whether the pay-for-performance project has met each project outcome; and (C) the amount of the payments made for the pay-for-performance project pursuant to subsection (d)(3)(A). (f) Additional Forest Service-Provided assistance (1) Technical assistance The Secretary of Agriculture may provide technical assistance to facilitate pay-for-performance project development, such as planning, permitting, site preparation, and design work. (2) Consultants Subject to the availability of appropriations, the Secretary of Agriculture may hire a contractor— (A) to conduct a feasibility analysis of a proposed pay-for-performance project; (B) to assist in the development, implementation, or evaluation of a proposed pay-for-performance project or a pay-for-performance agreement; or (C) to assist with an environmental analysis of a proposed pay-for-performance project. (g) Savings clause The Secretary of Agriculture shall approve a record of decision, decision notice, or decision memo for any activities to be carried out on National Forest System land as part of a pay-for-performance project before the Secretary of Agriculture may enter into a pay-for-performance agreement involving the applicable pay-for-performance project. (h) Duration of pilot program (1) Sunset The authority to enter into a pay-for-performance agreement under this section terminates on September 30, 2033. (2) Savings clause Nothing in paragraph (1) affects any pay-for-performance project agreement entered into by the Secretary of Agriculture under this section before the date described in that paragraph. D Engagement 141. Identifying opportunities for recreation (a) Definition of land use plan In this section, the term land use plan (1) a land use plan prepared by the Secretary pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (2) a land management plan prepared by the Forest Service for a unit of the National Forest Service pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 (b) Inventory and assessments (1) In general The Secretaries shall— (A) conduct a single inventory and assessment of recreation resources for Federal recreational lands and waters; and (B) publish the inventory and assessment conducted under subparagraph (A) for public comment. (2) Unique recreation values An inventory and assessment conducted under paragraph (1) shall recognize— (A) any unique recreation values and recreation opportunities; and (B) areas of concentrated recreational use. (3) Inventory The inventory conducted under paragraph (1) shall— (A) identify, list, and map recreation resources by— (i) type of recreation opportunity and type of natural or artificial recreation infrastructure; (ii) to the extent available, the level of use of the recreation resource as of the date of the inventory; and (iii) location; and (B) identify, to the extent practicable, any trend relating to recreation opportunities or use at a recreation resource identified under subparagraph (A). (4) Assessments For any recreation resource inventoried under paragraph (1), the Secretary concerned shall assess— (A) the level of demand for the recreation resource; (B) the maintenance needs of, and expenses necessary to administer, the recreation resource; (C) the benefits of current and projected future recreation use, including to the local economy; (D) the capacity of the recreation resource to meet the demand described in subparagraph (A), including the relationship of current and projected future recreation use on— (i) natural, cultural, and other resources; (ii) other authorized uses and activities on the Federal recreational lands and waters subject to the applicable land use plan; and (iii) existing infrastructure; (E) the suitability for developing, expanding, or enhancing the recreation resource; (F) technological developments and innovation that affects recreation use; and (G) the adequacy of the current management of the recreation resource. (c) Future recreation needs and management (1) Future needs Based on the inventory and assessment conducted under subsection (b)(1), the Secretary concerned shall— (A) estimate future recreation needs through a collaborative process; (B) identify underutilized locations that are suitable for developing, expanding, or enhancing recreation use; and (C) select additional high-value recreation resources at which to encourage recreation use, consistent with the applicable land use plan. (2) Considerations In selecting a high-value recreation resource under paragraph (1)(C), the Secretary concerned shall consider the following: (A) The future recreation needs estimated under paragraph (1)(A). (B) The maintenance needs of, and the expenses necessary to administer, the high-value recreation resource. (C) The presence of partner organizations prepared to assist in the stewardship of the high-value recreation resource. (D) The benefits of recreation use, including benefits to the local economy. (E) The impacts of recreation use on— (i) natural, cultural, or other resources; (ii) other authorized uses and activities on the Federal recreational lands and waters subject to any applicable land use plan; and (iii) adjacent landowners. (3) Management The Secretary concerned shall— (A) seek input from the public, including adjacent landowners and individuals or entities with existing land use authorizations, with respect to the management of any high-value recreation resource identified under paragraph (1)(C); (B) maintain or enhance the recreation values and encourage recreation use of the high-value recreation resource identified, subject to the availability of appropriations and consistent with any applicable multiple-use mandates; and (C) manage a high-value recreation resource under this paragraph in a manner that is consistent with applicable law. (d) Existing efforts To the extent practicable, the Secretary concerned shall utilize or incorporate existing applicable research and planning decisions and processes in carrying out this section. (e) Conforming amendments Section 200103 of title 54, United States Code, is amended— (1) by striking subsection (d); and (2) by redesignating subsections (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), and (h), respectively. 142. Federal Interagency Council on Outdoor Recreation (a) In general Section 200104 of title 54, United States Code, is amended to read as follows: 200104. Federal Interagency Council on Outdoor Recreation (a) Definitions In this section: (1) Council The term Council (2) Federal recreational lands and waters The term Federal recreational lands and waters 16 U.S.C. 6801 (b) Establishment The Secretary shall establish an interagency council, to be known as the Federal Interagency Council on Outdoor Recreation (c) Composition (1) In general The Council shall be composed of representatives of the following departments and agencies, to be appointed by the head of the applicable department or agency: (A) The National Park Service. (B) The Bureau of Land Management. (C) The United States Fish and Wildlife Service. (D) The Bureau of Indian Affairs. (E) The Bureau of Reclamation. (F) The Forest Service. (G) The Corps of Engineers. (H) The National Oceanic and Atmospheric Administration. (2) Additional participants In addition to the members described in paragraph (1), the Secretary may invite participation in the meetings or other activities of the Council from among the following: (A) The Council on Environmental Quality. (B) The Natural Resources Conservation Service. (C) Rural development programs of the Department of Agriculture. (D) The Economic Development Administration. (E) The National Travel and Tourism Office of the Department of Commerce. (F) The National Center for Chronic Disease Prevention and Health Promotion. (G) The Environmental Protection Agency. (H) The Department of Transportation. (I) The Tennessee Valley Authority. (J) The Bureau of Economic Analysis of the Department of Commerce. (K) The National Marine Fisheries Service. (L) The Federal Energy Regulatory Commission. (M) The Federal Highway Administration. (N) An applicable State agency or office. (O) An applicable agency or office of a local government. (3) State coordination In determining additional participants under paragraph (2), the Secretary shall seek to ensure that not fewer than 1 State is invited to participate in each meeting or other activity of the Council. (4) Leadership The leadership of the Council shall rotate annually among the members of the Council described in paragraph (1), or as otherwise determined by the Secretary, in consultation with the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Defense. (5) Funding Notwithstanding section 708 of division E of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 (d) Coordination The Council shall meet as frequently as appropriate for the purposes of coordinating— (1) the implementation of the America's Outdoor Recreation Act of 2023 (2) recreation management policies across Federal agencies, including implementation of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. (3) the response by an agency that manages Federal recreational lands and waters to public health emergencies or other emergencies that result in disruptions to, or closures of, Federal recreational lands and waters; (4) the expenditure of funds relating to outdoor recreation on Federal recreational lands and waters, including funds made available under section 40804(b)(7) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592a(b)(7) (5) the adoption and expansion of emerging technologies on Federal recreational lands and waters; (6) research activities, including quantifying the economic impacts of recreation; (7) dissemination to the public of outdoor recreation-related information (including information relating to opportunities, reservations, accessibility, and closures), in a manner that ensures the recreation-related information is easily accessible with modern communication devices; (8) the improvement of access to Federal recreational lands and waters; and (9) the identification and engagement of partners outside the Federal Government— (A) to promote outdoor recreation; (B) to facilitate collaborative management of outdoor recreation; and (C) to provide additional resources relating to enhancing outdoor recreation opportunities. (e) Effect Nothing in this section affects the authorities, regulations, or policies of any Federal agency described in paragraph (1) or (2) of subsection (c). . (b) Clerical amendment The table of sections for chapter 2001 200104. Federal Interagency Council on Outdoor Recreation. . 143. Informing the public of access closures (a) In general The Secretaries shall, to the extent practicable and in a timely fashion, alert the public to any closure or disruption to public campsites, trails, roads, and other public areas and access points under the jurisdiction of the applicable Secretary. (b) Online alert An alert under subsection (a) shall be posted online on a public website of the appropriate land unit in a manner that— (1) ensures that the public can easily find the alert in searching for the applicable campsite, trail, road, or other access point; and (2) consolidates all alerts under subsection (a). 144. Improved recreation visitation data (a) Consistent visitation data (1) Annual visitation data The Secretaries shall establish a single visitation data reporting system to report accurate annual visitation data, in a consistent manner, for— (A) each unit of Federal recreational lands and waters; and (B) land held in trust for an Indian Tribe, on request of the Indian Tribe. (2) Categories of use Within the visitation data reporting system established under paragraph (1), the Secretaries shall— (A) establish multiple categories of different recreation activities that are reported consistently across agencies; and (B) provide an estimate of the number of visitors for each applicable category established under subparagraph (A) for each unit of Federal recreational lands and waters. (b) Real-Time Data Pilot Program (1) In general Not later than 2 years after the date of enactment of this Act, using existing funds available to the Secretaries, the Secretaries shall carry out a pilot program, to be known as the Real-time Data Pilot Program Pilot Program (A) real-time or predictive data on visitation (including data and resources publicly available from existing nongovernmental platform) at— (i) the unit of Federal recreational lands and waters; (ii) to the extent practicable, areas within the unit of Federal recreational lands and waters; and (iii) to the extent practicable, recreation sites managed by any other Federal agency, a State agency, or a local agency that are located near the unit of Federal recreational lands and waters; and (B) through multiple media platforms, information about lesser-known, suitable recreation sites located near the unit of Federal recreational lands and waters (including recreation sites managed by any other Federal agency, a State agency, or a local agency), in an effort to encourage visitation among recreational sites. (2) Locations (A) Initial number of units On establishment of the Pilot Program, the Secretaries shall select for participation in the Pilot Program— (i) 15 units of Federal recreational lands and waters managed by the Secretary; and (ii) 5 units of Federal recreational lands and waters managed by the Secretary of Agriculture (acting through the Chief of the Forest Service). (B) Expansion Subject to paragraph (4), not later than 5 years after the date of enactment of this Act, the Secretaries shall expand the Pilot Program by selecting 80 additional units of Federal recreational lands and waters managed by the Secretaries for participation in the Pilot Program, not fewer than 50 of which shall be units managed by the Secretary. (C) Feedback; support of gateway communities The Secretaries shall— (i) solicit feedback regarding participation in the Pilot Program from communities adjacent to units of Federal recreational lands and waters and the public; and (ii) in carrying out subparagraphs (A) and (B), select a unit of Federal recreation lands and waters to participate in the Pilot Program only if the Secretaries determine that the communities adjacent to the unit of Federal recreational lands and waters support the participation. (3) Dissemination of information The Secretaries may disseminate the information described in paragraph (1) directly or through an entity or organization referred to in subsection (c). (4) Report on best practices Before expanding the Pilot Program under paragraph (2)(B), the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing best practices for the Pilot Program. (c) Community partners and third-Party providers For purposes of carrying out this section, the Secretary concerned may— (1) coordinate and partner with— (A) communities adjacent to units of Federal recreational lands and waters; (B) State and local outdoor recreation and tourism offices; (C) local governments; (D) Indian Tribes; (E) trade associations; (F) local outdoor recreation marketing organizations; (G) permitted facilitated recreation providers; or (H) other relevant stakeholders; and (2) coordinate or enter into agreements, as appropriate, with private sector and nonprofit partners, including— (A) technology companies; (B) geospatial data companies; (C) experts in data science, analytics, and operations research; or (D) data companies. (d) Existing programs The Secretaries may use existing programs or products of the Secretaries to carry out this section. (e) Privacy clauses Nothing in this section provides authority to the Secretaries— (1) to monitor or record the identity or movements of a visitor to a unit of Federal recreational lands and waters; (2) to restrict, interfere with, or monitor a private communication of a visitor to a unit of Federal recreational lands and waters; or (3) to collect— (A) information from owners of land adjacent to a unit of Federal recreational lands and waters; or (B) information on non-Federal land. (f) Reports Not later than January 1, 2025, and annually thereafter, the Secretaries shall publish on a website of the Secretaries a report that describes the annual visitation of each unit of Federal recreational lands and waters, including, to the maximum extent practicable, visitation categorized by recreational activity. 145. Monitoring for improved recreation decision making (a) In general The Secretaries shall seek to capture comprehensive recreation use data to better understand and inform decision making by the Secretaries. (b) Pilot protocols Not later than 1 year after the date of enactment of this Act, and after public notice and comment, the Secretaries shall establish pilot protocols at not fewer than 10 land management units under the jurisdiction of each of the Secretaries to model recreation use patterns (including low-use recreation activities and dispersed recreation activities) that may not be effectively measured by existing general and opportunistic survey and monitoring protocols. 146. Access for servicemembers and veterans The Secretaries are encouraged to work with the Secretary of Defense and the Secretary of Veterans Affairs to ensure servicemembers and veterans have access to outdoor recreation and outdoor-related volunteer and wellness programs as a part of the basic services provided to servicemembers and veterans. 147. Increasing youth recreation visits to Federal land (a) Strategy Not later than 1 year after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretaries shall develop and make public a national strategy, after public notice and comment, to increase the number of youth recreation visits to Federal land. (b) Requirements A strategy developed under subsection (a)— (1) shall— (A) emphasize increased recreation opportunities on Federal land for underserved youth; (B) establish objectives and quantifiable targets for increasing youth recreation visits; and (C) provide the anticipated costs to achieve the objectives and meet the targets established under subparagraph (B); and (2) shall not establish any preference between similar recreation facilitated by noncommercial or commercial entities. (c) Agreements The Secretaries may enter into contracts or cost-share agreements (including contracts or agreements for the acquisition of vehicles) to carry out this section. II Amendments to the Federal Lands Recreation Enhancement Act 201. Short title The Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. 801. Short title This title may be cited as the Federal Lands Recreation Enhancement Act . 202. Definitions Section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 (1) in the matter preceding paragraph (1), by striking this Act this title (2) in paragraph (1), by striking section 3(f) section 803(f) (3) in paragraph (2), by striking section 3(g) section 803(g) (4) in paragraph (6), by striking section 5(a)(7) section 805(a)(7) (5) in paragraph (9), by striking section 5(d) section 805(d) (6) in paragraph (12), by striking section 7 section 807 (7) in paragraph (13), by striking section 3(h) section 803(h)(2) (8) by redesignating paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), and (13) as paragraphs (15), (1), (3), (4), (5), (6), (7), (8), (11), (10), and (14), respectively, and moving the paragraphs so as to appear in numerical order; (9) by inserting after paragraph (8) (as so redesignated) the following: (9) Recreation service provider The term recreation service provider ; and (10) by inserting after paragraph (12) the following: (13) Special recreation permit (A) In general The term special recreation permit (i) for a specialized recreational use not described in clause (ii), (iii), or (iv), such as— (I) an organizational camp; (II) a single event that does not require an entry or participation fee that is not strictly a sharing of expenses for the purposes of the event; and (III) participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated; (ii) for a large-group activity or event for not fewer than 75 participants; (iii) for— (I) at the discretion of the Secretary, a single organized group recreation activity or event (including an activity or event in which motorized recreational vehicles are used or in which outfitting and guiding services are used) that— (aa) is a structured or scheduled event or activity; (bb) is not competitive and is for fewer than 75 participants; (cc) may charge an entry or participation fee; (dd) involves fewer than 200 visitor-use days; and (ee) is undertaken or provided by the recreation service provider at the same site not more frequently than 3 times a year; (II) a single competitive event; or (III) at the discretion of the Secretary, a recurring organized group recreation activity (including an outfitting and guiding activity) that— (aa) is a structured or scheduled activity; (bb) is not competitive; (cc) may charge a participation fee; (dd) occurs in a group size of fewer than 7 participants; (ee) involves fewer than 40 visitor-use days; and (ff) is undertaken or provided by the recreation service provider for a term of not more than 180 days; or (iv) for— (I) a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, the authorization for which is for a term of not more than 10 years; or (II) a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, that occurs under a transitional special recreation permit authorized under section 312(a) of the America's Outdoor Recreation Act of 2023 (B) Exclusions The term special recreation permit (i) a concession contract for the provision of accommodations, facilities, or services; (ii) a commercial use authorization issued under section 101925 of title 54, United States Code; or (iii) any other type of permit, including a special use permit administered by the National Park Service. . 203. Special recreation permits and fees (a) In general Section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 (1) by striking this Act this title (2) in subsection (b)(5), by striking section 4(d) section 804(d) (3) by striking subsection (h) and inserting the following: (h) Special recreation permits and fees (1) Special recreation permits (A) Applications The Secretary— (i) may develop and make available to the public an application to obtain a special recreation permit described in clause (i) of section 802(13)(A); and (ii) shall develop and make available to the public an application to obtain a special recreation permit described in clause (ii), (iii), or (iv) of section 802(13)(A). (B) Issuance of permits On review of a completed application developed under subparagraph (A), as applicable, and a determination by the Secretary that the applicant is eligible for the special recreation permit, the Secretary may issue to the applicant a special recreation permit, subject to any terms and conditions that are determined to be necessary by the Secretary. (C) Incidental sales A special recreation permit issued under this paragraph may include an authorization for sales that are incidental in nature to the permitted use of the Federal recreational lands and waters. (2) Special recreation permit fees (A) In general The Secretary may charge a special recreation permit fee for the issuance of a special recreation permit in accordance with this paragraph. (B) Predetermined special recreation permit fees (i) In general For purposes of subparagraphs (D) and (E), the Secretary shall establish and may charge a predetermined fee, described in clause (ii), for a special recreation permit described in clause (iii) or (iv) of section 802(13)(A) for a specific type of use on a unit of Federal recreational lands and waters, consistent with the criteria set forth in clause (iii). (ii) Type of fee A predetermined fee described in clause (i) shall be— (I) a fixed fee that is assessed per special recreation permit, including a fee with an associated size limitation or other criteria as determined to be appropriate by the Secretary; or (II) an amount assessed per visitor-use day. (iii) Criteria A predetermined fee under clause (i) shall— (I) have been established before the date of enactment of the America's Outdoor Recreation Act of 2023 (II) be established after the date of enactment of the America's Outdoor Recreation Act of 2023 (III) (aa) be established after the date of enactment of the America's Outdoor Recreation Act of 2023 (bb) be comparable to an amount described in subparagraph (D)(ii) or (E)(ii), as applicable; or (IV) beginning on the date that is 2 years after the date of enactment of the America's Outdoor Recreation Act of 2023 (C) Calculation of fees for specialized recreational uses and large-group activities or events The Secretary may, at the discretion of the Secretary, establish and charge a fee for a special recreation permit described in clause (i) or (ii) of section 802(13)(A). (D) Calculation of fees for single organized group recreation activities or events, competitive events, and certain recurring organized group recreation activities If the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iii), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider— (i) the applicable predetermined fee established under subparagraph (B); or (ii) an amount equal to a percentage of, to be determined by the Secretary, but to not to exceed 5 percent of, adjusted gross receipts calculated under subparagraph (F). (E) Calculation of fees for transitional permits and long-term permits Subject to subparagraph (G), if the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iv), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider— (i) the applicable predetermined fee established under subparagraph (B); or (ii) an amount equal to a percentage of, to be determined by the Secretary, but not to exceed 3 percent of, adjusted gross receipts calculated under subparagraph (F). (F) Adjusted gross receipts For the purposes of subparagraphs (D)(ii) and (E)(ii), the Secretary shall calculate the adjusted gross receipts collected for each trip or event authorized under a special recreation permit, using either of the following calculations, based on the election of the recreation service provider: (i) The sum of— (I) the product obtained by multiplying— (aa) the general amount paid by participants of the trip or event to the recreation service provider for the applicable trip or event (excluding amounts related to goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider); and (bb) the quotient obtained by dividing— (AA) the number of days of the trip or event that occurred on Federal recreational lands and waters covered by the special recreation permit, rounded to the nearest whole day; by (BB) the total number of days of the trip or event; and (II) the amount of any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit. (ii) The difference between— (I) the total cost paid by the participants of the trip or event for the trip or event to the recreation service provider, including any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit; and (II) the sum of— (aa) the amount of any revenues from goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider to the participants of the applicable trip or event; (bb) the amount of any costs or revenues from services and activities provided or sold by the recreation service provider to the participants of the trip or event that occurred in a location other than the Federal recreational lands and waters covered by the special recreation permit (including costs for travel and lodging outside the Federal recreational lands and waters covered by the special recreation permit); and (cc) the amount of any revenues from any service provided by a recreation service provider for an activity on Federal recreational lands and waters that is not covered by the special recreation permit. (G) Exception Notwithstanding subparagraph (E), the Secretary may charge a recreation service provider a minimum annual fee for a special recreation permit described in section 802(13)(A)(iv). (H) Savings clauses (i) Effect Nothing in this paragraph affects any fee for— (I) a concession contract administered by the National Park Service for the provision of accommodations, facilities, or services; or (II) a commercial use authorization for use of Federal recreational lands and waters managed by the National Park Service. (ii) Cost recovery Nothing in this paragraph affects the ability of the Secretary to recover any administrative costs under section 325 of the America's Outdoor Recreation Act of 2023 (iii) Special recreation permit fees and other recreation fees The collection of a special recreation permit fee under this paragraph shall not affect the authority of the Secretary to collect an entrance fee, a standard amenity recreation fee, or an expanded amenity recreation fee authorized under subsections (e), (f), and (g). (i) Disclosure of recreation fees and use of recreation fees (1) Notice of entrance fees, standard amenity recreation fees, expanded amenity recreation fees, and available recreation passes (A) In general The Secretary shall post clear notice of any entrance fee, standard amenity recreation fee, expanded amenity recreation fee, and available recreation passes at appropriate locations in each unit or area of Federal recreational land and waters at which an entrance fee, standard amenity recreation fee, or expanded amenity recreation fee is charged. (B) Publications The Secretary shall include in publications distributed at a unit or area or described in subparagraph (A) the notice described in that subparagraph. (2) Notice of uses of recreation fees Beginning on January 1, 2026, the Secretary shall annually post, at the location at which a recreation fee described in paragraph (1)(A) is collected, clear notice of— (A) the total recreation fees collected during each of the 2 preceding fiscal years at the respective unit or area of the Federal land management agency; and (B) each use during the preceding fiscal year of the applicable recreation fee or recreation pass revenues collected under this section. (3) Notice of recreation fee projects To the extent practicable, the Secretary shall post clear notice at the location at which work is performed using recreation fee and recreation pass revenues collected under this section. (4) Centralized reporting on agency websites (A) In general Not later than January 1, 2025, and not later than 60 days after the beginning of each fiscal year thereafter, the Secretary shall post on the website of the applicable Federal land management agency a searchable list of each use during the preceding fiscal year of the recreation fee or recreation pass revenues collected under this section. (B) List components The list required under subparagraph (A) shall include, with respect to each use described in that subparagraph— (i) a title and description of the overall project; (ii) a title and description for each component of the project; (iii) the location of the project; and (iv) the amount obligated for the project. (5) Notice to customers A recreation service provider may inform a customer of the recreation service provider of any fee charged by the Secretary under this section. . (b) Conforming amendment Section 804 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6803 204. Online collection of certain recreation fees Section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 (j) Online payments (1) In general In addition to providing onsite payment methods, the Secretaries may collect payment online for— (A) entrance fees under subsection (e); (B) standard amenity recreation fees; (C) expanded amenity recreation fees; and (D) special recreation permit fees. (2) Distribution of online payments An online payment collected under paragraph (1) that is associated with a specific unit or area of a Federal land management agency shall be distributed in accordance with section 805(c). . 205. Online purchases and establishment of a digital version of America the Beautiful—the National Parks and Federal Recreational Lands Passes Section 805(a) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6804(a) (1) in paragraph (6), by striking subparagraph (A) and inserting the following: (A) In general The Secretaries shall sell the National Parks and Federal Recreational Lands Pass— (i) at all Federal recreational lands and waters at which— (I) an entrance fee or a standard amenity recreation fee is charged; and (II) such sales are feasible; (ii) at such other locations as the Secretaries determine to be appropriate and feasible; and (iii) through the website of each of the Federal land management agencies and the websites of the relevant units and subunits of the Federal land management agencies, which shall include— (I) a prominent link on each website; and (II) information about where and when the National Parks and Federal Recreational Lands Pass may be used. ; and (2) by adding at the end the following: (10) Digital recreation passes By not later than January 1, 2026, the Secretaries shall— (A) establish a digital version of the National Parks and Federal Recreational Lands Pass that is able to be stored on a mobile device; and (B) on the completion of a sale carried out under paragraph (6)(A)(iii), make available to the passholder the digital version of the National Parks and Federal Recreational Lands Pass established under subparagraph (A). . 206. Availability of Federal, State, and local recreation passes Section 806 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6805 (d) Federal sales of State and county recreation passes (1) In general On receipt of a request by a State or county, the Secretaries may, on behalf of the State or county— (A) sell a pass covering a fee charged by a State or county for entrance to, or recreational use of, a park or public land in the State or county; and (B) collect any required fees for a pass sold under subparagraph (A). (2) Revenue from pass sales The Secretaries shall transfer to the applicable State or county any amounts collected on behalf of the State or county under paragraph (1)(B). (e) Coordinating the sales of Federal, State, and local recreation passes The Secretaries, in consultation with States and counties, shall seek to coordinate the availability of Federal, State, and county recreation passes to allow an individual to purchase a Federal recreation pass and a State or county recreation pass in a single transaction. . 207. Use of special recreation permit fee revenue Section 808 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6807 (1) by striking this Act this title (2) in subsection (a)(3)— (A) in subparagraph (E), by striking and (B) in subparagraph (F), by striking 6(a) or a visitor reservation service. 806(a) or a visitor reservation service; (C) by adding at the end the following: (G) the processing of special recreation permit applications and administration of special recreation permits; and (H) the improvement of the operation of the special recreation permit program under section 803(h). ; and (3) in subsection (d)— (A) in paragraph (1), by striking section 5 section 805 (B) in paragraph (2), by striking section 5 section 805 208. Permanent authorization The Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. (1) by striking section 810; and (2) by redesignating sections 811 through 815 as sections 810 through 814, respectively. III Special recreation permits for outfitting and guiding A Administration of special recreation permits for outfitting and guiding 311. Permit administration (a) Permit availability (1) Notifications of permit availability (A) In general Except as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary concerned has determined that visitor-use days are available for allocation to recreation service providers or holders of a commercial use authorization for outfitting and guiding, the Secretary concerned shall publish the information on the website of the agency that administers the applicable area of Federal recreational lands and waters. (B) Effect Nothing in this paragraph— (i) applies to— (I) the reissuance of an existing special recreation permit or commercial use authorization for outfitting and guiding; or (II) the issuance of a new special recreation permit or new commercial use authorization for outfitting and guiding issued to the purchaser of— (aa) a recreation service provider that is the holder of an existing special recreation permit; or (bb) a holder of an existing commercial use authorization for outfitting and guiding; or (ii) creates a prerequisite to the issuance of a special recreation permit or commercial use authorization for outfitting and guiding or otherwise limits the authority of the Secretary concerned— (I) to issue a new special recreation permit or new commercial use authorization for outfitting and guiding; or (II) to add a new or additional use to an existing special recreation permit or an existing commercial use authorization for outfitting and guiding. (2) Updates The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public. (3) Electronic mail notifications The Secretary concerned shall establish a system by which potential applicants for special recreation permits or commercial use authorizations for outfitting and guiding may subscribe to receive notification by electronic mail of the availability of special recreation permits under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 (b) Permit application or proposal acknowledgments (1) In general Not later than 60 days after the date on which the Secretary concerned receives a completed application or a complete proposal for a special recreation permit under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 (A) provide to the applicant notice acknowledging receipt of the application or proposal; and (B) (i) issue a final decision with respect to the application or proposal; or (ii) provide to the applicant notice of a projected date for a final decision on the application or proposal. (2) Effect Nothing in this subsection applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services. 312. Forest Service and Bureau of Land Management transitional special recreation permits for outfitting and guiding (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall implement a program to authorize the issuance of transitional special recreation permits for a new or additional reoccurring outfitting, guiding, or other recreation service, as determined by the Secretary concerned, on Federal recreational lands and waters managed by the Chief of the Forest Service or the Director of the Bureau of Land Management. (b) Term of transitional permits for outfitting and guiding A transitional special recreation permit issued under subsection (a) shall be issued for a term of 2 years. (c) Issuance of long-Term permits for outfitting and guiding (1) In general On the request of a recreation service provider that holds a transitional special recreation permit under the program implemented under subsection (a), the Secretary concerned shall provide for the issuance of a long-term special recreation permit for outfitting and guiding to replace the transitional special recreation permit if the Secretary concerned determines that the recreation service provider— (A) has held not less than 2 transitional special recreation permits or similar permits issued under— (i) the program implemented under subsection (a); or (ii) any other program to issue similar special recreation permits in existence before the date of enactment of this Act; (B) during the 3-year period preceding the request, has not been determined to have a performance that is less than satisfactory, as determined under the monitoring process described in section 314(a), for any transitional special recreation permits or similar special recreation permits issued by the Secretary concerned, including the transitional special recreation permit proposed to be replaced, for the respective unit of Federal recreational lands and waters; and (C) notwithstanding section 314(b)(3), has used not less than 50 percent of the visitor-use days allocated to the recreation service provider under the transitional special recreation permit. (2) Term The term of a long-term special recreation permit under this subsection issued to replace a transitional special recreation permit under paragraph (1) shall be for a period of 5 or 10 years, as determined to be appropriate by the Secretary concerned. (3) Visitor-use day allocations In replacing a transitional special recreation permit under paragraph (1) with a long-term special recreation permit for outfitting and guiding, the Secretary concerned may, at the discretion of the Secretary concerned, increase the number of visitor-use days allocated to the recreation service provider under the long-term special recreation permit for outfitting and guiding. (d) Effect Nothing in this section alters or affects the authority of the Secretary concerned to issue a special recreation permit under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 313. Surrender of unused visitor-use days (a) In general A recreation service provider holding a special recreation permit described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 (1) notify the Secretary concerned of an inability to use visitor-use days annually allocated to the recreation service provider under the special recreation permit; and (2) surrender to the Secretary concerned the unused visitor-use days for the applicable year for temporary reassignment under section 315(b). (b) Determination To ensure a recreation service provider described in subsection (a) is able to make an informed decision before surrendering any unused visitor-use day under subsection (a)(2), the Secretary concerned shall, on the request of the applicable recreation service provider, determine and notify the recreation service provider whether the unused visitor-use day meets the requirement described in section 314(b)(3)(B) before the recreation service provider surrenders the unused visitor-use day. 314. Reviews for transitional permits and long-term permits (a) Monitoring The Secretary concerned shall monitor for compliance a recreation service provider— (1) annually, in the case of a transitional special recreation permit for outfitting and guiding issued under section 312; (2) once every 2 years, in the case of a special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 (3) in the case of a special recreation permit replaced under section 312 with a long-term special recreation permit for outfitting and guiding with a term of 10 years, during each of the 4th, 6th, 8th, and 10th years in which the long-term special recreation permit is in effect; and (4) in the case of a special recreation permit replaced under section 312 with a long-term special recreation permit for outfitting and guiding with a term of 5 years, during each of the 4th and 5th years in which the special recreation permit is in effect. (b) Use-of-Allocation reviews (1) In general If the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, allocates visitor-use days among special recreation permits for outfitting and guiding, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, and the Secretary may, review the use by the recreation service provider of the visitor-use days allocated— (A) under a transitional special recreation permit issued under section 312, not later than 90 days before the date on which the transitional special recreation permit expires; and (B) under a long-term special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 (2) Requirements of the review In conducting a review under paragraph (1), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall determine— (A) the number of visitor-use days that the recreation service provider has used each year under the transitional special recreation permit or the special recreation permit, in accordance with paragraph (3); and (B) of the years identified under subparagraph (A), the year in which the recreation service provider used the most visitor-use days. (3) Consideration of surrendered, unused visitor-use days For the purposes of determining the number of visitor-use days a recreation service provider has used in a specified year under paragraph (2)(A), the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary, as applicable, shall consider an unused visitor-use day that has been surrendered under section 313(a)(2) as— (A) 1/2 (B) 1 visitor-use day used, if the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, determines the use of the allocated visitor-use day had been or will be prevented by a circumstance beyond the control of the recreation service provider. 315. Adjustment of allocated visitor-use days (a) Adjustments following use of allocation reviews On the completion of a use-of-allocation review of a special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 (1) If the Secretary concerned determines that the performance of the recreation service provider was satisfactory during the most recent review conducted under subsection (a) of section 314, the annual number of visitor-use days allocated for each remaining year of the permit shall be equal to 125 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section, during the year identified under subsection (b)(2)(B) of that section, not to exceed the level allocated to the recreation service provider on the date on which the special recreation permit was issued. (2) If the Secretary concerned determines the performance of the recreation service provider is less than satisfactory during the most recent performance review conducted under subsection (a) of section 314, the annual number of visitor-use days allocated for each remaining year of the special recreation permit shall be equal to not more than 100 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section during the year identified under subsection (b)(2)(B) of that section. (b) Temporary reassignment of unused visitor-Use days The Secretary concerned may temporarily assign unused visitor-use days, made available under section 313(a)(2) to— (1) any other existing or potential recreation service provider, notwithstanding the number of visitor-use days allocated to the special recreation permit holder under the special recreation permit held or to be held by the recreation service provider; or (2) any existing or potential holder of a special recreation permit described in clause (i) or (iii) of paragraph (13)(A) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 (c) Additional capacity If unallocated visitor-use days are available, the Secretary concerned may, at any time, amend a special recreation permit to allocate additional visitor-use days to a qualified recreation service provider. B Additional provisions relating to special recreation permits 321. Permitting process improvements (a) In general To simplify the process of the issuance and reissuance of special recreation permits and reduce the cost of administering special recreation permits under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 (1) during the period beginning on January 1, 2021, and ending on January 1, 2025— (A) evaluate the process for issuing special recreation permits; and (B) based on the evaluation under subparagraph (A), identify opportunities— (i) to eliminate duplicative processes with respect to issuing special recreation permits; (ii) to reduce costs for the issuance of special recreation permits; (iii) to decrease processing times for special recreation permits; and (iv) to issue simplified special recreation permits, including special recreation permits for an organized group recreation activity or event under subsection (e); and (2) not later than 1 year after the date on which the Secretaries complete the evaluation and identification processes under paragraph (1), revise, as necessary, relevant agency regulations and guidance documents, including regulations and guidance documents relating to the environmental review process, for special recreation permits to implement the improvements identified under paragraph (1)(B). (b) Environmental reviews (1) In general The Secretary concerned shall, to the maximum extent practicable, utilize available tools, including tiering to existing programmatic reviews, as appropriate, to facilitate an effective and efficient environmental review process for activities undertaken by the Secretary concerned relating to the issuance of special recreation permits. (2) Categorical exclusions Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall— (A) evaluate— (i) whether existing categorical exclusions available to the Secretary concerned on the date of enactment of this Act are consistent with the provisions of this Act; and (ii) whether a modification of an existing categorical exclusion or the establishment of 1 or more new categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) revise relevant agency regulations and policy statements, as necessary, to modify existing categorical exclusions or incorporate new categorical exclusions based on the evaluation conducted under subparagraph (A). (c) Needs assessments Except as required under subsection (c) or (d) of section 4 of the Wilderness Act ( 16 U.S.C. 1133 16 U.S.C. 6802 (d) Online applications Using funds made available to the Secretaries, not later than 3 years after the date of enactment of this Act, the Secretaries shall make the application for a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 (1) online; (2) by mail or electronic mail; and (3) in person at the field office for the applicable Federal recreational lands and waters. (e) Special recreation permits for an organized group recreation activity or event (1) Definitions In this subsection: (A) Special recreation permit for an organized group recreation activity or event The term special recreation permit for an organized group recreation activity or event 16 U.S.C. 6801 (B) Youth group The term youth group (2) Exemption from certain allocations of use If the Secretary concerned allocates visitor-use days available for an area or activity on Federal recreational lands and waters among recreation service providers that hold a permit described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 (3) Issuance In accordance with paragraphs (5) and (6), if use by the general public is not subject to a limited entry permit system and if capacity is available for the times or days in which the proposed activity or event would be undertaken, on request of a recreation service provider (including a youth group) to conduct an organized group recreation activity or event described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 (A) shall make a nominal effects determination to determine whether the proposed activity or event would have more than nominal effects on Federal recreational lands and waters, resources, and programs; and (B) (i) shall not require a recreation service provider (including a youth group) to obtain a special recreation permit for an organized group recreation activity or event if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is not necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; (ii) in the case of an organized group recreation activity or event described in subclause (I) of that paragraph, may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions as are determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; (iii) in the case of an organized group recreation activity or event described in subclause (III) of that paragraph, shall issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to such terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; and (iv) may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken may have more than nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event would be necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs. (4) Fees The Secretary concerned may elect not to charge a fee to a recreation service provider (including a youth group) for a special recreation permit for an organized group recreation activity or event. (5) Savings clause Nothing in this subsection prevents the Secretary concerned from limiting or abating the allowance of a proposed activity or event under paragraph (3)(B)(i) or the issuance of a special recreation permit for an organized group recreation activity or event, based on resource conditions, administrative burdens, or safety issues. (6) Qualifications A special recreation permit for an organized group recreation activity or event issued under paragraph (3) shall be subject to the health and safety standards required by the Secretary concerned for a permit issued under paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 322. Service First Initiative and multijurisdictional trips (a) Repeal Section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 43 U.S.C. 1703 (b) Cooperative action and sharing of resources by the Secretaries of the Interior and Agriculture (1) In general For fiscal year 2012 and each fiscal year thereafter, the Secretaries, subject to annual review of Congress, may carry out an initiative, to be known as the Service First Initiative (A) may establish programs to conduct projects, planning, permitting, leasing, contracting, and other activities, either jointly or on behalf of one another; (B) may co-locate in Federal offices and facilities leased by an agency of the Department of the Interior or the Department of Agriculture; and (C) may issue special rules to test the feasibility of issuing unified permits, applications, and leases. (2) Delegations of authority The Secretaries may make reciprocal delegations of the respective authorities, duties, and responsibilities of the Secretaries in support of the Service First Initiative agency-wide to promote customer service and efficiency. (3) Effect Nothing in this section alters, expands, or limits the applicability of any law (including regulations) to land administered by the Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or the Forest Service or matters under the jurisdiction of any other bureaus or offices of the Department of the Interior or the Department of Agriculture, as applicable. (4) Transfers of funding To facilitate the sharing of resources under the Service First Initiative, the Secretaries may make transfers of funds and reimbursements of funds on an annual basis, including transfers and reimbursements for multi-year projects, subject to the limitation that this authority may not be used to circumvent requirements and limitations imposed on the use of Federal funds. (c) Pilot program for special recreation permits for multijurisdictional trips (1) In general Not later than 2 years after the date of enactment of this Act, the Secretaries shall establish a pilot program to offer to a person seeking an authorization for a multijurisdictional trip a single joint special recreation permit or commercial use authorization that authorizes the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs, subject to the authorities that apply to the applicable unit of Federal recreational lands and waters. (2) Minimum number of permits Not later than 4 years after the date of enactment of this Act, the Secretaries shall issue not fewer than 10 single joint special recreation permits described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 (3) Lead agencies In carrying out the pilot program established under paragraph (1), the Secretaries shall— (A) designate a lead agency for issuing and administering a single joint special recreation permit or commercial use authorization; and (B) select not fewer than 4 offices at which a person shall be able to apply for a single joint special recreation permit or commercial use authorization, of which— (i) not fewer than 2 offices are managed by the Secretary; and (ii) not fewer than 2 offices are managed by the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) Retention of authority by the applicable Secretary Each of the Secretaries shall retain the authority to enforce the terms, stipulations, conditions, and agreements in a single joint special recreation permit or commercial use authorization issued under the pilot program established under paragraph (1) that apply specifically to the use occurring on the Federal recreational lands and waters managed by the applicable Secretary, under the authorities that apply to the applicable Federal recreational lands and waters. (5) Option to apply for separate special recreation permits or commercial use authorizations A person seeking an authorization for a multijurisdictional trip may apply for— (A) a separate special recreation permit or commercial use authorization for the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs; or (B) a single joint special recreational permit or commercial use authorization made available under the pilot program established under paragraph (1). (6) Effect Nothing in this subsection applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services. 323. Permit flexibility (a) In general The Secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 (b) Criteria For the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the recreational activity— (1) is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit; (2) does not result in a greater impact on natural and cultural resources than the impact of the authorized activity; (3) does not adversely affect— (A) any other holder of a special recreation permit or other permit; or (B) any other authorized use of the Federal recreational lands and waters; and (4) is consistent with— (A) any applicable laws (including regulations); and (B) the land management plan, resource management plan, or equivalent plan applicable to the Federal recreational lands and waters. (c) Effect Nothing in this section affects any authority of, regulation issued by, or decision of the Secretary concerned relating to the use of electric bicycles on Federal recreational lands and waters under any other Federal law. 324. Liability (a) Insurance requirements (1) In general Except as provided in paragraph (2), as a condition of issuing a special recreation permit under subsection (h)(1)(B) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 (A) is commensurate with the level of risk of the activities to be conducted under the special recreation permit or commercial use authorization; and (B) includes the United States as an additional insured in an endorsement to the applicable policy. (2) Exception The Secretary concerned shall not require a holder of a special recreation permit or commercial use authorization for low-risk activities, as determined by the Secretary concerned, including commemorative ceremonies and participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated, to comply with the requirements of paragraph (1). (b) Indemnification by governmental entities The Secretary concerned shall not require a State, State agency, State institution, or political subdivision of a State to indemnify the United States for tort liability as a condition for issuing a special recreation permit or commercial use authorization to the extent the State, State agency, State institution, or political subdivision of a State is precluded by State law from providing indemnification to the United States for tort liability, if the State, State agency, State institution, or political subdivision of the State maintains the minimum amount of liability insurance coverage required by the Federal land management agency for the activities conducted under the special recreation permit or commercial use authorization in the form of— (1) a commercial general liability insurance policy, which includes the United States as an additional insured in an endorsement to the policy, if the State is authorized to obtain commercial general liability insurance by State law; (2) self-insurance, which covers the United States as an additional insured, if authorized by State law; or (3) a combination of the coverage described in paragraphs (1) and (2). (c) Exculpatory agreements (1) In general Except as provided in paragraph (2), a Federal land management agency shall not implement, administer, or enforce any regulation, guidance, or policy prohibiting the use of an exculpatory agreement between a recreation service provider or a holder of a commercial use authorization and a customer relating to services provided under a special recreation permit or a commercial use authorization. (2) Requirements Any exculpatory agreement used by a recreation service provider or holder of a commercial use authorization for an activity authorized under a special recreation permit or commercial use authorization— (A) shall shield the United States from any liability, if otherwise allowable under Federal law; and (B) shall not waive any liability of the recreation service provider or holder of the commercial use authorization that may not be waived under the laws (including common law) of the applicable State or for gross negligence, recklessness, or willful misconduct. (3) Consistency Not later than 2 years after the date of enactment of this Act, the Secretaries shall— (A) review the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations; and (B) revise any policy described in subparagraph (A) as necessary to make the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations consistent with this subsection and across all Federal recreational lands and waters. (d) Effect Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services. 325. Cost recovery reform (a) Cost recovery for special recreation permits In addition to a fee collected under section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 (1) processing a proposal or application for the special recreation permit; (2) issuing the special recreation permit; and (3) monitoring the special recreation permit to ensure compliance with the terms and conditions of the special recreation permit. (b) De minimis exemptions from cost recovery If the administrative costs described in subsection (a) are assessed on an hourly basis, the Secretary concerned shall— (1) establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administrative costs described in subsection (a); and (2) charge an applicant only for any hours that exceed the de minimis threshold. (c) Multiple applications If the Secretary concerned collectively processes multiple applications for special recreation permits for the same or similar services in the same unit of Federal recreational lands and waters, the Secretary concerned shall, to the extent practicable— (1) assess from the applicants the fee described in subsection (a) on a prorated basis; and (2) apply the requirement described in subsection (b) to each applicant on an individual basis. (d) Limitation The Secretary concerned shall not assess or collect administrative costs under this section for a programmatic environmental review. 326. Permit relief for picnic areas (a) In general If the Secretary concerned does not require the public to obtain a permit or reservation to access a picnic area on Federal recreational lands and waters administered by the Chief of the Forest Service or Director of the Bureau of Land Management, the Secretary concerned may not require a covered person described in subsection (b) to obtain a permit solely to access the picnic area. (b) Description of covered persons A covered person referred to in subsection (a) is a person (including an educational group) that provides— (1) outfitting and guiding services on Federal recreational lands and waters; and (2) the services described in paragraph (1) to fewer than 40 customers annually at the picnic area. 327. Interagency report on special recreation permits for underserved communities (a) Definition of covered community In this section, the term covered community (b) Report Not later than 3 years after the date of enactment of this Act, the Secretaries, acting jointly, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the estimated use of special recreation permits serving covered communities; (2) examples of special recreation permits, partnerships, cooperative agreements, or other arrangements providing access to Federal recreational lands and waters for covered communities; (3) other ways covered communities are engaging on Federal recreational lands and waters, including through stewardship and conservation projects or activities; (4) any barriers for existing or prospective recreation service providers and holders of commercial use authorizations operating within or serving a covered community; and (5) any recommendations to facilitate and increase permitted access to Federal recreational lands and waters for covered communities. C Effect 331. Effect Except as provided in sections 311(a), 322, and 324, nothing in this title (including an amendment made by this title) affects the authority or responsibility of the Secretary to award concessions contracts for the provision of accommodations, facilities, or services, or commercial use authorizations. IV Miscellaneous provisions 401. Filming and still photography within the National Park System and on other Federal land (a) Filming in National Park System units (1) In general Chapter 1009 100905. Filming and still photography in System units (a) Filming and still photography (1) In general The Secretary shall ensure that a filming or still photography activity or similar recording project in a System unit (referred to in this section as a filming or still photography activity (A) the laws and policies applicable to the Service; (B) the applicable general management plan; and (C) this section. (2) No permits required The Secretary shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that— (A) (i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); (B) is merely incidental to an activity or event that is allowed or authorized at the System unit, regardless of— (i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity; or (C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5). (C) is a news-gathering activity, unless the news-gathering activity— (i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (3) Filming and still photography authorizations for de minimis use (A) In general The Secretary shall establish a de minimis use authorization for filming or still photography activities that meets the requirements described in subparagraph (F). (B) Policy For a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary— (i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No fee The Secretary shall not charge a fee for a de minimis use authorization under this paragraph. (D) Application The Secretary shall provide for a person to apply for and obtain a de minimis use authorization under this paragraph— (i) through the website of the Service; and (ii) in person at the field office of the applicable System unit. (E) Issuances The Secretary shall— (i) establish a procedure— (I) to automate the approval of an application submitted through the website of the Service under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office of the applicable System unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) Requirements The Secretary shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity— (i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c) . ; and (iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2). (G) Contents A de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits Except as provided in paragraph (2)(B), the Secretary may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that— (A) involves more than 8 individuals; or (B) does not meet each of the requirements described in paragraph (5). (5) Requirements for filming or still photography activity The requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) (A) A person conducts the filming or still photography activity in a manner that— (i) does not impede or intrude on the experience of other visitors to the applicable System unit; (ii) except as otherwise authorized, does not disturb or negatively impact— (I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the applicable System unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not— (i) conduct the filming or still photography activity in a localized area that receives a very high volume of visitation; and (ii) in the discretion of the Secretary, negatively impact the experience of another visitor in the localized area. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the applicable System unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary with respect to the filming or still photography activity, as determined by the Secretary. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State, and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Calculations with respect to number of individuals (A) In general For the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same System unit. (B) Description of individual An individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the System unit as a part of the team or crew in a filming or still photography activity. (6) (7) Content creation Regardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a System unit shall be considered to be a filming or still photography activity under this subsection. (7) (8) Effect (A) Permits requested though not required On the request of a person intending to carry out a filming or still photography activity, the Secretary may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events If an activity or event is allowed or authorized under a permit, such as a wedding, engagement party, family reunion, photography club outing, or celebration of a graduate, the activity or event organizers or any relevant party to the activity or event shall not need a separate permit for the filming or still photography activity at the allowed or permitted activity or event. (C) Monetary compensation The receipt of monetary compensation by the person conducting the filming or still photography activity shall not affect the permissibility of the filming or still photography activity or the application of the requirements under this section. (D) Wilderness Act applicability (i) In general Nothing in this subsection supersedes the provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. (ii) Applicability The provisions of this section shall apply in a component of the National Wilderness Preservation System to the extent consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. (b) Fees and recovery costs (1) Fees The reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) (A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria: (i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the System unit. (iii) The quantity and type of film or still photography equipment present at the System unit. (iv) Any other factors that the Secretary determines to be necessary. (2) Recovery of costs (A) In general For any permit issued under subsection (a) and in addition to any fee assessed in accordance with paragraph (1), the Secretary shall collect from the applicant for the applicable permit any costs incurred by the Secretary related to a filming or still photography activity subject to a permit under subsection (a)(4), including— (i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collected All costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds (A) Fees All fees collected under this section shall— (i) be available for expenditure by the Secretary, without further appropriation, in accordance with the formula and purposes established under the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. (ii) remain available until expended. (B) Costs All costs recovered under paragraph (2)(A) shall— (i) be available for expenditure by the Secretary, without further appropriation, at the System unit at which the costs are collected; and (ii) remain available until expended. (c) Protection of resources The Secretary may create use limits on or require a person to cease, move, or modify a filming or still photography activity, whether or not the activity has been permitted, if the Secretary determines that— (1) there is a likelihood that the person would cause resource damage at the System unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the System unit; (3) the activity would impede the routine, emergency, or otherwise necessary management and staff operations on the System unit; or (4) the filming or still photography activity poses a health or safety risk to the public. (d) Processing of permit applications (1) In general The Secretary shall establish a process to ensure that the Secretary responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) Coordination If a permit is required under this section for 2 or more Federal agencies or System units, the Secretary and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead System unit— (A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees. ”. (e) Guidance Not later than 2 years after the date of enactment of the America’s Outdoor Recreation Act of 2023, the Secretary shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4). . (2) Clerical amendment The table of sections for chapter 1009 100905. Filming and still photography in System units. . (b) Filming on other Federal land Public Law 106–206 ( 16 U.S.C. 460l–6d 1. Filming and still photography (a) Filming and still photography (1) In general The Secretary concerned shall ensure that a filming or still photography activity or similar recording project at a Federal land management unit (referred to in this section as a filming or still photography activity (A) the laws and policies applicable to the Secretary concerned; (B) the applicable general management plan; and (C) this section. (2) No permits required The Secretary concerned shall not require an authorization or a permit or assess a fee, if a fee for a filming or still photography activity is not otherwise required by law, for a filming or still photography activity that— (A) (i) involves fewer than 6 individuals; and (ii) meets each of the requirements described in paragraph (5); (B) is merely incidental to an activity or event that is allowed or authorized at the Federal land management unit, regardless of— (i) the number of individuals participating in the allowed or authorized activity or event; or (ii) whether any individual receives compensation for any products of the filming or still photography activity; or (C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5). (C) is a news-gathering activity, unless the news-gathering activity— (i) involves more than 8 individuals; or (ii) does not meet each of the requirements described in paragraph (5). (3) Filming and still photography authorizations for de minimis use (A) In general The Secretary concerned shall establish a de minimis use authorization for filming or still photography activities that meets the requirements described in subparagraph (F). (B) Policy For a filming or still photography activity that meets the requirements described in subparagraph (F), the Secretary concerned— (i) may require a de minimis use authorization; and (ii) shall not require a permit. (C) No fee The Secretary concerned shall not charge a fee for a de minimis use authorization under this paragraph. (D) Application The Secretary concerned shall provide for a person to apply for and obtain a de minimis use authorization under this paragraph— (i) through the website of the Department of the Interior or the Forest Service, as applicable; and (ii) in person at the field office for the Federal land management unit. (E) Issuances The Secretary concerned shall— (i) establish a procedure— (I) to automate the approval of an application submitted through the website of the Department of the Interior or the Forest Service, as applicable, under subparagraph (D)(i); and (II) to issue a de minimis use authorization under this paragraph immediately on receipt of an application that is submitted in person at the field office for the Federal land management unit under subparagraph (D)(ii); and (ii) if an application submitted under subparagraph (D) meets the requirements of this paragraph, immediately on receipt of the application issue a de minimis use authorization for the filming or still photography activity. (F) Requirements The Secretary concerned shall only issue a de minimis use authorization under this paragraph if the filming or still photography activity— (i) involves a group of not fewer than 6 individuals and not more than 8 individuals; (ii) meets each of the requirements described in paragraph (5); and (iii) is consistent with subsection (c) . ; and (iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2). (G) Contents A de minimis use authorization issued under this paragraph shall list the requirements described in subparagraph (F). (4) Required permits Except as provided in paragraph (2)(B), the Secretary concerned may require a permit application and, if a permit is issued, assess a reasonable fee, as described in subsection (b)(1), for a filming or still photography activity that— (A) involves more than 8 individuals; or (B) does not meet each of the requirements described in paragraph (5). (5) Requirements for filming or still photography activity The requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) (A) A person conducts the filming or still photography activity in a manner that— (i) does not impede or intrude on the experience of other visitors to the Federal land management unit; (ii) except as otherwise authorized, does not disturb or negatively impact— (I) a natural or cultural resource; or (II) an environmental or scenic value; and (iii) allows for equitable allocation or use of facilities of the Federal land management unit. (B) The person conducts the filming or still photography activity at a location in which the public is allowed. (C) The person conducting the filming or still photography activity does not require the exclusive use of a site or area. (D) The person does not— (i) conduct the filming or still photography activity in a localized area that receives a very high volume of visitation; and (ii) in the discretion of the Secretary, negatively impact the experience of another visitor in the localized area. (E) The person conducting the filming or still photography activity does not use a set or staging equipment, subject to the limitation that handheld equipment (such as a tripod, monopod, and handheld lighting equipment) shall not be considered staging equipment for the purposes of this subparagraph. (F) The person conducting the filming or still photography activity complies with and adheres to visitor use policies, practices, and regulations applicable to the Federal land management unit. (G) The filming or still photography activity is not likely to result in additional administrative costs being incurred by the Secretary concerned with respect to the filming or still photography activity, as determined by the Secretary concerned. (H) The person conducting the filming or still photography activity complies with other applicable Federal, State, and local laws (including regulations), including laws relating to the use of unmanned aerial equipment. (6) Calculations with respect to number of individuals (A) In general For the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary concerned shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same Federal land management unit. (B) Description of individual An individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the Federal land management unit as a part of the team or crew in a filming or still photography activity. (6) (7) Content creation Regardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a Federal land management unit shall be considered to be a filming or still photography activity under this subsection. (7) (8) Effect (A) Permits requested though not required On the request of a person intending to carry out a filming or still photography activity, the Secretary concerned may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section. (B) No additional permits, commercial use authorizations, or fees for filming and still photography at authorized events If an activity or event is allowed or authorized under a permit, such as a wedding, engagement party, family reunion, photography club outing, or celebration of a graduate, the activity or event organizers or any relevant party to the activity or event shall not need a separate permit for the filming or still photography activity at the allowed or permitted activity or event. (C) Monetary compensation The receipt of monetary compensation by the person conducting the filming or still photography activity shall not affect the permissibility of the filming or still photography activity or the application of the requirements under this section. (D) Wilderness act applicability (i) In general Nothing in this subsection supersedes the provisions of the Wilderness Act ( 16 U.S.C. 1131 et seq. (ii) Applicability The provisions of this section shall apply in a component of the National Wilderness Preservation System to the extent consistent with the Wilderness Act ( 16 U.S.C. 1131 et seq. (b) Fees and recovery costs (1) Fees The reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) (A) The reasonable fee shall provide a fair return to the United States. (B) The reasonable fee shall be based on the following criteria: (i) The number of days of the filming or still photography activity. (ii) The size of the film or still photography crew present at the Federal land management unit. (iii) The quantity and type of film or still photography equipment present at the Federal land management unit. (iv) Any other factors that the Secretary concerned determines to be necessary. (2) Recovery of costs (A) In general For any permit issued under subsection (a) and in addition to any fee assessed in accordance with paragraph (1), the Secretary concerned shall collect from the applicant for the applicable permit any costs incurred by the Secretary concerned related to a filming or still photography activity subject to a permit under subsection (a)(4), including— (i) the costs of the review or issuance of the permit; and (ii) related administrative and personnel costs. (B) Effect on fees collected All costs recovered under subparagraph (A) shall be in addition to the fee described in paragraph (1). (3) Use of proceeds (A) Fees All fees collected under this section shall— (i) be available for expenditure by the Secretary concerned, without further appropriation, in accordance with the formula and purposes established in the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq. (ii) remain available until expended. (B) Costs All costs recovered under paragraph (2)(A) shall— (i) be available for expenditure by the Secretary concerned, without further appropriation, at the Federal land management unit at which the costs are collected; and (ii) remain available until expended. (c) Protection of resources The Secretary concerned may create use limits on or require a person to cease, move, or modify a filming or still photography activity, whether or not the activity has been permitted, if the Secretary concerned determines that— (1) there is a likelihood that the person would cause resource damage at the Federal land management unit, except as otherwise authorized; (2) the person would create an unreasonable disruption of the use and enjoyment by the public of the Federal land management unit; (3) the activity would impede the routine, emergency, or otherwise necessary management and staff operations on the System unit; or (4) the filming or still photography activity poses a health or safety risk to the public. (d) Processing of permit applications (1) In general The Secretary concerned shall establish a process to ensure that the Secretary concerned responds in a timely manner to an application for a permit for a filming or still photography activity required under subsection (a)(4). (2) Coordination If a permit is required under this section for 2 or more Federal agencies or Federal land management units, the Secretary concerned and the head of any other applicable Federal agency, as applicable, shall, to the maximum extent practicable, coordinate permit processing procedures, including through the use of identifying a lead agency or lead Federal land management unit— (A) to review the application for the permit; (B) to issue the permit; and (C) to collect any required fees. (e) Guidance Not later than 2 years after the date of enactment of the America’s Outdoor Recreation Act of 2023, each of the Secretary of the Interior and the Secretary of Agriculture shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4). (e) (f) Definitions In this section: (1) Federal land management unit The term Federal land management unit (A) Federal land (other than National Park System land) under the jurisdiction of the Secretary of the Interior; and (B) National Forest System land. (2) Secretary concerned The term Secretary concerned (A) the Secretary of the Interior, with respect to land described in paragraph (1)(A); and (B) the Secretary of Agriculture, with respect to land described in paragraph (1)(B). . 402. Volunteer enhancement program The Volunteers in the National Forests Act of 1972 ( 16 U.S.C. 558a et seq. (1) by striking section 5; (2) by redesignating the first section and sections 2, 3, and 4 as sections 4, 5, 6, and 9, respectively; (3) by inserting before section 4 (as so redesignated) the following: 1. Short title This Act may be cited as the Volunteers in the National Forests and Public Land Act 2. Purpose The purpose of this Act is to leverage volunteer engagement to supplement projects that are carried out by the Secretaries to fulfill the missions of the Forest Service and the Bureau of Land Management and are accomplished with appropriated funds. 3. Definition of Secretaries In this Act, the term Secretaries (1) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (2) the Secretary of the Interior, acting through the Director of the Bureau of Land Management. ; (4) in section 4 (as so redesignated)— (A) by striking the section designation and all that follows through (hereinafter referred to as the Secretary 4. Authorization The Secretaries are ; (B) in the first sentence— (i) by inserting and civil service (ii) by inserting recreation access, trail construction or maintenance, facility construction or maintenance, educational uses (including outdoor classroom construction or maintenance), for or in aid of (iii) by striking Secretary through the Forest Service Secretaries (C) in the second sentence, by striking Secretary Secretaries (5) in section 5 (as so redesignated)— (A) by striking the section designation and all that follows through Secretary is 5. Incidental expenses The Secretaries are ; and (B) by inserting training, equipment, lodging, (6) in section 6 (as so redesignated)— (A) by striking the section designation and all that follows through (a) Except as 6. Consideration as Federal employee (a) Except as ; and (B) in subsection (e)— (i) in the matter preceding paragraph (1), by striking the Secretary either of the Secretaries (ii) in paragraph (1), by striking with the Secretary or cooperative agreement with either of the Secretaries (iii) in paragraph (2)— (I) in the matter preceding subparagraph (A), by striking the Secretary in the mutual benefit agreement either of the Secretaries in the mutual benefit agreement or cooperative agreement (II) in subparagraph (A), by striking to be performed by the volunteers , including the geographic boundaries of the work to be performed by the volunteers, (III) in subparagraph (B), by striking and (IV) in subparagraph (C)— (aa) by striking the Secretary, when feasible either of the Secretaries, if feasible and only if necessary (bb) by striking the period at the end and inserting a semicolon; and (V) by adding at the end the following: (D) the equipment the volunteers are authorized to use; (E) the training the volunteers are required to complete; (F) the actions the volunteers are authorized to take; and (G) any other terms and conditions that are determined to be necessary by the applicable Secretary. ; (7) by inserting before section 9 (as so redesignated) the following: 7. Promotion of volunteer opportunities The Secretaries shall promote volunteer opportunities in areas administered by the Secretaries. 8. Liability insurance The Secretaries shall not require a cooperator or volunteer (as those terms are used in section 6) to have liability insurance to provide the volunteer services authorized under this Act. ; and (8) in section 9 (as so redesignated), by striking the section designation and all that follows through There are 9. Authorization of appropriations There are . 403. Cape and antler preservation enhancement Section 104909(c) of title 54, United States Code, is amended by striking meat from meat and any other part of an animal removed pursuant to 404. Federal land and water aquatic resource activities assistance (a) Definitions In this section: (1) Aquatic nuisance species task force The term Aquatic Nuisance Species Task Force 16 U.S.C. 4721(a) (2) Federal land and water The term Federal land and water (3) Inspection The term inspection (4) Partner The term partner (A) a Reclamation State; (B) an Indian Tribe in a Reclamation State; (C) an applicable nonprofit organization in a Reclamation State; or (D) a unit of local government in a Reclamation State. (5) Reclamation State The term Reclamation State (A) Alaska; (B) Arizona; (C) California; (D) Colorado; (E) Idaho; (F) Kansas; (G) Montana; (H) Nebraska; (I) Nevada; (J) New Mexico; (K) North Dakota; (L) Oklahoma; (M) Oregon; (N) South Dakota; (O) Texas; (P) Utah; (Q) Washington; and (R) Wyoming. (6) Secretaries The term Secretaries (A) the Secretary, acting through the Director of the Bureau of Land Management, the Commissioner of Reclamation, and the Director of the National Park Service; and (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Authority of Bureau of Land Management, Bureau of Reclamation, National Park Service, and Forest Service with respect to certain aquatic resource activities on Federal land and water (1) In general The Secretaries may inspect and decontaminate vessels entering or leaving Federal land and water located within a river basin that contains a Bureau of Reclamation water project. (2) Requirements The Secretaries shall— (A) in carrying out an inspection under paragraph (1), coordinate with 1 or more partners; (B) consult with the Aquatic Nuisance Species Task Force to identify potential improvements and efficiencies in the detection and management of invasive species on Federal land and water; and (C) to the maximum extent practicable, inspect vessels in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated vessels. (3) Partnerships The Secretaries may enter into a partnership to provide technical assistance to a partner— (A) to carry out an inspection or decontamination of vessels; or (B) to establish an inspection and decontamination station for vessels. (4) Limitation The Secretaries shall not prohibit access to Federal land and water for vessels under this subsection in the absence of an inspector. (5) Data sharing The Secretaries shall make available to a Reclamation State any data gathered related to inspections carried out in the Reclamation State under this subsection. (c) Grant program for reclamation States for vessel inspection and decontamination stations (1) Vessels inspections in reclamation States Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall establish a competitive grant program to provide grants to partners to conduct inspections and decontamination of vessels operating in reservoirs operated and maintained by the Secretary, including to purchase, establish, operate, or maintain a vessel inspection and decontamination station. (2) Cost share The Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent. (3) Standards Before awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible. (4) Coordination In carrying out this subsection, the Secretary shall coordinate with— (A) each of the Reclamation States; (B) affected Indian Tribes; and (C) the Aquatic Nuisance Species Task Force. 405. Amendments to the Modernizing Access to Our Public Land Act The Modernizing Access to Our Public Land Act ( 16 U.S.C. 6851 et seq. (1) in section 3(1) ( 16 U.S.C. 6852(1) public outdoor recreational use recreation sites (2) in section 5(a)(4) ( 16 U.S.C. 6854(a)(4) permanently restricted or prohibited regulated or closed (3) in section 6(b) ( 16 U.S.C. 6855(b) (A) by striking may shall (B) by striking the Secretary of the Interior the Secretaries 406. Outdoor Recreation Legacy Partnership Program (a) Definitions In this section: (1) Eligible entity The term eligible entity (2) Eligible nonprofit organization The term eligible nonprofit organization section 501(c)(3) (3) Entity The term entity (A) a State; (B) a political subdivision of a State, including— (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe, urban Indian organization, or Alaska Native or Native Hawaiian community or organization. (4) Low-income community The term low-income community (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. (5) Outdoor Recreation Legacy Partnership Program The term Outdoor Recreation Legacy Partnership Program (6) Qualifying area The term qualifying area (A) an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census; (B) 2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; or (C) an area administered by an Indian Tribe or an Alaska Native or Native Hawaiian community organization. (7) State The term State (b) Grants authorized (1) Establishment of program (A) In general The Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects— (i) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (ii) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. (B) Priority In awarding grants to eligible entities under subparagraph (A), the Secretary shall give priority to projects that— (i) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (ii) engage and empower underserved communities and youth; (iii) provide employment or job training opportunities for youth or underserved communities; (iv) establish or expand public-private partnerships, with a focus on leveraging resources; and (v) take advantage of coordination among various levels of government. (2) Matching requirement (A) In general As a condition of receiving a grant under paragraph (1), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (B) Waiver The Secretary may waive all or part of the matching requirement under subparagraph (A) if the Secretary determines that— (i) no reasonable means are available through which the eligible entity can meet the matching requirement; and (ii) the probable benefit of the project outweighs the public interest in the matching requirement. (C) Administrative expenses Not more than 10 percent of funds provided to an eligible entity under a grant awarded under paragraph (1) may be used for administrative expenses. (3) Considerations In awarding grants to eligible entities under paragraph (1), the Secretary shall consider the extent to which a project would— (A) provide recreation opportunities in underserved communities in which access to parks is not adequate to meet local needs; (B) provide opportunities for outdoor recreation and public land volunteerism; (C) support innovative or cost-effective ways to enhance parks and other recreation— (i) opportunities; or (ii) delivery of services; (D) support park and recreation programming provided by cities, including cooperative agreements with community-based eligible nonprofit organizations; (E) develop Native American event sites and cultural gathering spaces; and (F) provide benefits such as community resilience, reduction of urban heat islands, enhanced water or air quality, or habitat for fish or wildlife. (4) Eligible uses (A) In general Subject to subparagraph (B), a grant recipient may use a grant awarded under paragraph (1) for a project described in subparagraph (A) or (B) of that paragraph. (B) Limitations on use A grant recipient may not use grant funds for— (i) incidental costs related to land acquisition, including appraisal and titling; (ii) operation and maintenance activities; (iii) facilities that support semiprofessional or professional athletics; (iv) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (v) acquisition of land or interests in land that restrict access to specific persons. (c) Review and evaluation requirements In carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall— (1) conduct an initial screening and technical review of applications received; (2) evaluate and score all qualifying applications; and (3) provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on— (A) the opportunity to apply for grants under this section; (B) the application procedures by which eligible entities may apply for grants under this section; and (C) eligible uses for grants under this section. (d) Reporting (1) Annual reports Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this section shall annually submit to the Secretary performance and financial reports that— (A) summarize project activities conducted during the report period; and (B) provide the status of the project. (2) Final reports Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this section shall submit to the Secretary a final report containing such information as the Secretary may require. 407. Recreation budget crosscut Not later than 30 days after the end of each fiscal year, beginning with fiscal year 2025, the Director of the Office of Management and Budget shall submit to Congress and make public online a report that describes and itemizes the total amount of funding relating to outdoor recreation that was obligated in the preceding fiscal year in accounts in the Treasury for the Department of the Interior and the Department of Agriculture. July 26, 2023 Reported with amendments

Summary: America's Outdoor Recreation Act of 2023 This bill addresses issues regarding public recreation and access to recreation on federal lands and waters, including special recreation permits for outfitting and guiding. Among other provisions, the bill requires the Department of the Interior and the Department of Agriculture (USDA) to identify long-distance bike trails and opportunities to develop or complete long-distance bike trails; USDA to issue guidance relating to climbing management for National Forest System land; Interior and USDA to identify and establish target shooting ranges within national forests and Bureau of Land Management districts; and Interior and the Forest Service to enter into an agreement with the Department of Commerce to foster the installation or construction of broadband internet infrastructure at developed recreation sites on federal recreational lands and waters. Interior and the Forest Service must conduct a single inventory and assessment of recreation resources for federal recreational lands and waters and publish the inventory and assessment for public comment. Interior shall establish a Federal Interagency Council on Outdoor Recreation. Interior and the Forest Service must (1) alert the public to closure or disruption of public campsites, trails, roads, and other public areas and access points; and (2) develop and make public a national strategy to increase the number of youth recreation visits to federal land. The bill provides for online collection of recreation fees and for the establishment of a digital version of America the Beautiful--The National Parks and Federal Recreational Lands Passes.