II 118th CONGRESS 1st Session S. 390 IN THE SENATE OF THE UNITED STATES February 13, 2023 Mr. Daines (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Agriculture and the Secretary of the Interior to carry out certain activities to enhance recreational opportunities for gateway communities, to amend the Federal Lands Recreation Enhancement Act to provide for the establishment of a digital National Parks and Federal Recreational Lands Pass, and for other purposes.

1. Short title This Act may be cited as the Gateway Community and Recreation Enhancement Act . 2. Definitions In this Act: (1) Federal recreational lands and waters The term Federal recreational lands and waters has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (2) Gateway community The term gateway community means a community that serves as an entry point or is adjacent to a recreation destination on Federal recreational lands and waters or non-Federal land at which there is consistently high, in the determination of the Secretaries, seasonal or year-round visitation. (3) Indian tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) Secretaries The term Secretaries means— (A) the Secretary; and (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (5) Secretary The term Secretary means the Secretary of the Interior. 3. Gateway communities (a) Assessment of impacts and needs in gateway communities Using existing funds available to the Secretaries, 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 experiences by bolstering the visitation at— (i) underutilized locations on nearby Federal recreational lands and waters that are suitable for developing, expanding, or enhancing recreation use, as identified by the Secretaries; or (ii) lesser-known recreation sites, as identified under section 4(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) entering into 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. (b) Technical and financial assistance to businesses (1) In general The Secretary of Agriculture (acting through the Administrator of the Rural Business-Cooperative Service), in coordination with the Secretary and the Secretary of Commerce, shall provide to businesses in gateway communities the assistance described in paragraph (2) to establish, operate, or expand infrastructure to accommodate and manage sustainable visitation, including hotels, campgrounds, and restaurants. (2) Assistance The Secretary of Agriculture may provide assistance under paragraph (1) through the use of existing, or the establishment of new, entrepreneur and vocational training programs, technical assistance programs, low-interest business loan programs, and loan guarantee programs. (c) 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. 4. 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 (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 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 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 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 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). (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 January 1, 2024, 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. 5. 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) ) is amended by adding at the end the following: (10) Digital recreation passes By not later than January 1, 2024, 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 of a National Parks and Federal Recreational Lands Pass carried out under paragraph (6)(A), make available to the passholder the digital version of the National Parks and Federal Recreational Lands Pass established under subparagraph (A). .