16 U.S.C. § 8442 (CONSERVATION)
§ 8442. 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 5 years after January 4, 2025, 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” (referred to in this section as the “Pilot Program”), to make available to the public, for each unit of Federal recreational lands and waters selected for participation in the Pilot Program under paragraph (2)—
(A) real-time or predictive data on visitation (including data and resources publicly available from existing nongovernmental platforms) 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 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) 10 units of Federal recreational lands and waters managed by the Secretary;
(ii) 5 units of Federal recreational lands and waters managed by the Secretary of Agriculture (acting through the Chief of the Forest Service);
(iii) 1 unit of Federal recreational lands and waters managed by the Secretary of Commerce (acting through the Administrator of the National Oceanic and Atmospheric Administration); and
(iv) 1 unit of Federal recreational lands and waters managed by the Assistant Secretary of Army for Civil Works.
(B) Report
Not later than 6 years after January 4, 2025, the Secretaries shall submit a report to Congress regarding the implementation of the pilot program, including policy recommendations to expand the pilot program to additional units managed by the Secretaries.
(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 community adjacent to the unit of Federal recreational lands and waters is supportive of the participation of the unit of Federal recreational lands and waters in the Pilot Program.
(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) Inclusion of current assessments
In carrying out the Pilot Program, the Secretaries may, to the extent practicable, rely on assessments completed or data gathered prior to January 4, 2025.
(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 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 1 year after January 4, 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.
(g) Definitions
In this section—
(1) Federal recreational lands and waters
The term “Federal recreational lands and waters”—
(A) has the meaning given the term in section 6801 of this title; and
(B) includes Federal lands and waters managed by the National Oceanic and Atmospheric Administration and the U.S. Army Corps of Engineers.
(2) Secretaries
The term “Secretaries” means—
(A) the Secretary, with respect to lands under the jurisdiction of the Secretary;
(B) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to lands under the jurisdiction of the Forest Service;
(C) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, with respect to Federal waters under the jurisdiction of the National Oceanic and Atmospheric Administration; and
(D) the Assistant Secretary of Army for Civil Works, with respect to lakes and reservoirs under the jurisdiction of the U.S. Army Corps of Engineers.
(Pub. L. 118–234, title I, § 132, Jan. 4, 2025, 138 Stat. 2859.)