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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care OverUse Reform Today Act 
(HealthCOURT Act) of 2009''.

SEC. 2. ESTABLISHMENT OF PERFORMANCE-BASED QUALITY MEASURES.

    Not later than January 1, 2010, the Secretary of Health and Human 
Services shall submit to Congress a proposal for a formalized process 
for the development of performance-based quality measures that could be 
applied to physicians' services under the Medicare program under title 
XVIII of the Social Security Act. Such proposal shall be in concert and 
agreement with the Physician Consortium for Performance Improvement and 
shall only utilize measures agreed upon by each physician specialty 
organization.

SEC. 3. AFFIRMATIVE DEFENSE BASED ON COMPLIANCE WITH BEST PRACTICE 
              GUIDELINES.

    (a) Selection and Issuance of Best Practices Guidelines.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this section referred to as the ``Secretary'') shall 
        provide for the selection and issuance of best practice 
        guidelines (each in this subsection referred to as a 
        ``guideline'') in accordance with paragraphs (2) and (3).
            (2) Development process.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary shall enter 
        into a contract with a qualified physician consensus-building 
        organization (such as the Physician Consortium for Performance 
        Improvement), in concert and agreement with physician specialty 
        organizations, to develop guidelines for treatment of medical 
        conditions for application under subsection (b). Under the 
        contract, the organization shall take into consideration any 
        endorsed performance-based quality measures described in 
        section 2. Under the contract and not later than 18 months 
        after the date of the enactment of this Act, the organization 
        shall submit best practice guidelines for issuance as 
        guidelines under paragraph (3).
            (3) Issuance.--
                    (A) In general.--Not later than 2 years after the 
                date of the enactment of this Act, the Secretary shall 
                issue, by regulation, after notice and opportunity for 
                public comment, guidelines that have been recommended 
                under paragraph (2) for application under subsection 
                (b).
                    (B) Limitation.--The Secretary may not issue 
                guidelines unless they have been approved or endorsed 
                by qualified physician consensus-building organization 
                involved and physician specialty organizations.
                    (C) Dissemination.--The Secretary shall broadly 
                disseminate the guidelines so issued.
    (b) Limitation on Damages.--
            (1) Limitation on noneconomic damages.--In any health care 
        lawsuit, no noneconomic damages may awarded with respect to 
        treatment that is within a guideline issued under subsection 
        (a).
            (2) Limitation on punitive damages.--In any health care 
        lawsuit, no punitive damages may be awarded against a health 
        care practitioner based on a claim that such treatment caused 
        the claimant harm if--
                    (A) such treatment was subject to the quality 
                review by a qualified physician consensus-building 
                organization;
                    (B) such treatment was approved in a guideline that 
                underwent full review by such organization, public 
                comment, approval by the Secretary, and dissemination 
                as described in subparagraph (a); and
                    (C) such medical treatment is generally recognized 
                among qualified experts (including medical providers 
                and relevant physician specialty organizations) as 
                safe, effective, and appropriate.
    (c) Use.--
            (1) Introduction as evidence.--Guidelines under subsection 
        (a) may not be introduced as evidence of negligence or 
        deviation in the standard of care in any civil action unless 
        they have previously been introduced by the defendant.
            (2) No presumption of negligence.--There would be no 
        presumption of negligence if a participating physician does not 
        adhere to such guidelines.
    (d) Construction.--Nothing in this section shall be construed as 
preventing a State from--
            (1) replacing their current medical malpractice rules with 
        rules that rely, as a defense, upon a health care provider's 
        compliance with a guideline issued under subsection (a); or
            (2) applying additional guidelines or safe-harbors that are 
        in addition to, but not in lieu of, the guidelines issued under 
        subsection (a).

SEC. 4. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE 
              TRIBUNALS.

    ``(a) In General.--The Secretary may award grants to States for the 
development, implementation, and evaluation of administrative health 
care tribunals that comply with this section, for the resolution of 
disputes concerning injuries allegedly caused by health care providers.
    ``(b) Conditions for Demonstration Grants.--To be eligible to 
receive a grant under this section, a State shall submit to the 
Secretary an application at such time, in such manner, and containing 
such information as may be required by the Secretary. A grant shall be 
awarded under this section on such terms and conditions as the 
Secretary determines appropriate.
    ``(c) Representation by Counsel.--A State that receives a grant 
under this section may not preclude any party to a dispute before an 
administrative health care tribunal operated under such grant from 
obtaining legal representation during any review by the expert panel 
under subsection (d), the administrative health care tribunal under 
subsection (e), or a State court under subsection (f).
    ``(d) Expert Panel Review and Early Offer Guidelines.--
            ``(1) In general.--Prior to the submission of any dispute 
        concerning injuries allegedly caused by health care providers 
        to an administrative health care tribunal under this section, 
        such allegations shall first be reviewed by an expert panel.
            ``(2) Composition.--
                    ``(A) In general.--The members of each expert panel 
                under this subsection shall be appointed by the head of 
                the State agency responsible for health. Each expert 
                panel shall be composed of no fewer than 3 members and 
                not more than 7 members. At least one-half of such 
                members shall be medical experts (either physicians or 
                health care professionals).
                    ``(B) Licensure and expertise.--Each physician or 
                health care professional appointed to an expert panel 
                under subparagraph (A) shall--
                            ``(i) be appropriately credentialed or 
                        licensed in 1 or more States to deliver health 
                        care services; and
                            ``(ii) typically treat the condition, make 
                        the diagnosis, or provide the type of treatment 
                        that is under review.
                    ``(C) Independence.--
                            ``(i) In general.--Subject to clause (ii), 
                        each individual appointed to an expert panel 
                        under this paragraph shall--
                                    ``(I) not have a material familial, 
                                financial, or professional relationship 
                                with a party involved in the dispute 
                                reviewed by the panel; and
                                    ``(II) not otherwise have a 
                                conflict of interest with such a party.
                            ``(ii) Exception.--Nothing in clause (i) 
                        shall be construed to prohibit an individual 
                        who has staff privileges at an institution 
                        where the treatment involved in the dispute was 
                        provided from serving as a member of an expert 
                        panel merely on the basis of such affiliation, 
                        if the affiliation is disclosed to the parties 
                        and neither party objects.
                    ``(D) Practicing health care professional in same 
                field.--
                            ``(i) In general.--In a dispute before an 
                        expert panel that involves treatment, or the 
                        provision of items or services--
                                    ``(I) by a physician, the medical 
                                experts on the expert panel shall be 
                                practicing physicians (allopathic or 
                                osteopathic) of the same or similar 
                                specialty as a physician who typically 
                                treats the condition, makes the 
                                diagnosis, or provides the type of 
                                treatment under review; or
                                    ``(II) by a health care 
                                professional other than a physician, at 
                                least two medical experts on the expert 
                                panel shall be practicing physicians 
                                (allopathic or osteopathic) of the same 
                                or similar specialty as the health care 
                                professional who typically treats the 
                                condition, makes the diagnosis, or 
                                provides the type of treatment under 
                                review, and, if determined appropriate 
                                by the State agency, an additional 
                                medical expert shall be a practicing 
                                health care professional (other than 
                                such a physician) of such a same or 
                                similar specialty.
                            ``(ii) Practicing defined.--In this 
                        paragraph, the term `practicing' means, with 
                        respect to an individual who is a physician or 
                        other health care professional, that the 
                        individual provides health care services to 
                        individual patients on average at least 2 days 
                        a week.
                    ``(E) Pediatric expertise.--In the case of dispute 
                relating to a child, at least 1 medical expert on the 
                expert panel shall have expertise described in 
                subparagraph (D)(i) in pediatrics.
            ``(3) Determination.--After a review under paragraph (1), 
        an expert panel shall make a determination as to the liability 
        of the parties involved and compensation.
            ``(4) Acceptance.--If the parties to a dispute before an 
        expert panel under this subsection accept the determination of 
        the expert panel concerning liability and compensation, such 
        compensation shall be paid to the claimant and the claimant 
        shall agree to forgo any further action against the health care 
        providers involved.
            ``(5) Failure to accept.--If any party decides not to 
        accept the expert panel's determination, the matter shall be 
        referred to an administrative health care tribunal created 
        pursuant to this section.
    ``(e) Administrative Health Care Tribunals.--
            ``(1) In general.--Upon the failure of any party to accept 
        the determination of an expert panel under subsection (d), the 
        parties shall have the right to request a hearing concerning 
        the liability or compensation involved by an administrative 
        health care tribunal established by the State involved.
            ``(2) Requirements.--In establishing an administrative 
        health care tribunal under this section, a State shall--
                    ``(A) ensure that such tribunals are presided over 
                by special judges with health care expertise;
                    ``(B) provide authority to such judges to make 
                binding rulings, rendered in written decisions, on 
                standards of care, causation, compensation, and related 
                issues with reliance on independent expert witnesses 
                commissioned by the tribunal;
                    ``(C) establish gross negligence as the legal 
                standard for the tribunal;
                    ``(D) allow the admission into evidence of the 
                recommendation made by the expert panel under 
                subsection (d); and
                    ``(E) provide for an appeals process to allow for 
                review of decisions by State courts.
    ``(f) Review by State Court After Exhaustion of Administrative 
Remedies.--
            ``(1) Right to file.--If any party to a dispute before a 
        health care tribunal under subsection (e) is not satisfied with 
        the determinations of the tribunal, the party shall have the 
        right to file their claim in a State court of competent 
        jurisdiction.
            ``(2) Forfeit of awards.--Any party filing an action in a 
        State court in accordance with paragraph (1) shall forfeit any 
        compensation award made under subsection (e).
            ``(3) Admissibility.--The determinations of the expert 
        panel and the administrative health care tribunal pursuant to 
        subsections (d) and (e) with respect to a State court 
        proceeding under paragraph (1) shall be admissible into 
        evidence in any such State court proceeding.
    ``(g) Definition.--In this section, the term `health care provider' 
has the meaning given such term for purposes of part A of title VII.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for any fiscal year such sums as may be necessary for 
purposes of making grants to States under this section.''.

SEC. 5. SENSE OF CONGRESS REGARDING HEALTH INSURER LIABILITY.

    It is the sense of Congress that a health insurance issuer should 
be liable for damages for harm caused when it makes a decision as to 
what care is medically necessary and appropriate.

A: Health Care OverUse Reform Today Act (HealthCOURT Act) of 2009 - Directs the Secretary of Health and Human Services (HHS) to propose to Congress a formalized process for the development of performance-based quality measures that could be applied to physicians' services under title XVIII (Medicare) of the Social Security Act. Requires the proposal: (1) to be in concert and agreement with the Physician Consortium for Performance Improvement; and (2) utilize only measures agreed upon by each physician specialty organization.

Directs the Secretary to: (1) provide for the selection and issuance of best practice guidelines for treatment of medical conditions; and (2) contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop such guidelines.

Prohibits the award of any noneconomic damages in any health care lawsuit with respect to treatment that is within an issued guideline.

Prohibits the award of punitive damages against a health care practitioner in such a lawsuit based on a claim that medical treatment caused the claimant harm if the treatment: (1) was subject to quality review by a qualified physician consensus-building organization; (2) was approved in a guideline that underwent full review by such organization, public comment, the Secretary's approval, and dissemination; and (3) is generally recognized among qualified experts as safe, effective, and appropriate.

Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers.

Expresses the sense of Congress that a health insurance issuer should be liable for damages for a harm caused when it makes a decision as to what care is medically necessary and appropriate.
****
Q: OF CONFLICTS.

    To the extent permitted by law, disagreements or conflicts between 
or among agency heads or between OMB and any agency that cannot be 
resolved by the Administrator of OIRA shall be resolved by the 
President or a designee of the President.

SEC. 8. PUBLICATION.

    Except to the extent required by law, an agency shall not publish 
in the Federal Register or otherwise issue to the public any regulatory 
action that is subject to review under section 6 until--
            (1) the Administrator of OIRA notifies the agency that OIRA 
        has waived its review of the action or has completed its review 
        without any requests for further consideration, or
            (2) the applicable time period in section 6(b)(2) expires 
        without OIRA having notified the agency that it is returning 
        the regulatory action for further consideration under section 
        6(b)(3),
whichever occurs first. If the terms of the preceding sentence have not 
been satisfied and an agency wants to publish or otherwise issue a 
regulatory action, the head of that agency may request Presidential 
consideration through the Administrator of OIRA, as provided under 
section 8. Upon receipt of this request, the Administrator of OIRA 
shall notify the Advisers. The guidelines and time period set forth in 
section 8 shall apply to the publication of regulatory actions for 
which Presidential consideration has been sought.

SEC. 9. AGENCY AUTHORITY.

    Nothing in this Act shall be construed as displacing the agencies' 
authority or responsibilities, as authorized by law.

SEC. 10. JUDICIAL REVIEW.

    Nothing in this Act shall affect any otherwise available judicial 
review of agency action. This Act is intended only to improve the 
internal management of the Federal Government and does not create any 
right or benefit, substantive or procedural, enforceable at law or 
equity by a party against the United States, its agencies or 
instrumentalities, its officers or employees, or any other person.

SEC. 11. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Advisers'' refers to such regulatory policy 
        advisers to the President as the President and the 
        Administrator of OIRA may from time to time consult, including, 
        among others--
                    (A) the Director of OMB;
                    (B) the Chair (or another member) of the Council of 
                Economic Advisers;
                    (C) the Assistant to the President for Economic 
                Policy;
                    (D) the Assistant to the President for Domestic 
                Policy;
                    (E) the Assistant to the President for National 
                Security Affairs;
                    (F) the Assistant to the President for Science and 
                Technology;
                    (G) the Assistant to the President for 
                Intergovernmental Affairs;
                    (H) the Assistant to the President and Staff 
                Secretary;
                    (I) the Assistant to the President and Chief of 
                Staff to the Administrator of OIRA;
                    (J) the Assistant to the President and Counsel to 
                the President; and
                    (K) the Deputy Assistant to the President and 
                Director of the White House Office on Environmental 
                Policy.
            (2) Except as provided in section 4(f), the term ``agency'' 
        means any authority of the United States that is an ``agency'' 
        under section 3502(1) of title 44, United States Code, other 
        than those considered to be independent regulatory agencies, as 
        defined in section 3502(10) of title 44, United States Code.
            (3) The term ``Director'' means the Director of OMB.
            (4) The term ``regulation'' or ``rule'' means an agency 
        statement of general applicability and future effect, which the 
        agency intends to have the force and effect of law, that is 
        designed to implement, interpret, or prescribe law or policy or 
        to describe the procedure or practice requirements of an 
        agency. It does not, however, include--
                    (A) regulations or rules issued in accordance with 
                the formal rulemaking provisions of sections 556 and 
                557 of title 5, United States Code;
                    (B) regulations or rules that pertain to a military 
                or foreign affairs function of the United States, other 
                than procurement regulations and regulations involving 
                the import or export of non-defense articles and 
                services;
                    (C) regulations or rules that are limited to agency 
                organization, management, or personnel matters; or
                    (D) any other category of regulations exempted by 
                the Administrator of OIRA.
            (5) The term ``regulatory action'' means any substantive 
        action by an agency (normally published in the Federal 
        Register) that promulgates or is expected to lead to the 
        promulgation of a final rule or regulation, including notices 
        of inquiry, advance notices of proposed rulemaking, and notices 
        of proposed rulemaking.
            (6) The term ``significant regulatory action'' means any 
        regulatory action that is likely to result in a rule that may--
                    (A) have an annual effect on the economy of $100 
                million or more or adversely affect in a material way 
                the economy, a sector of the economy, productivity, 
                competition, jobs, the environment, public health or 
                safety, or State, local, or tribal governments or 
                communities;
                    (B) create a serious inconsistency or otherwise 
                interfere with an action taken or planned by another 
                agency;
                    (C) materially alter the budgetary impact of 
                entitlements, grants, user fees, or loan programs or 
                the rights and obligations of recipients thereof; or
                    (D) raise novel legal or policy issues arising out 
                of legal mandates, the President's priorities, or the 
                principles set forth in this Act.

A: Government Regulatory Improvement and Performance Act of 1998 - Declares that:  (1) Federal agencies should promulgate only such regulations as are required by law, necessary to interpret the law, or necessary to protect and promote or improve the health and safety of the public, the environment, or the well-being of the American people; and (2) in deciding whether and how to regulate, agencies should assess all costs and benefits of available regulatory alternatives, including the alternative of not regulating. 
Sets forth principles of regulation to ensure that the agencies' regulatory programs are consistent with such philosophy, including that each agency:  (1) identify the problem that it intends to address by regulation, assess its significance, and if possible conduct a risk analysis; (2) identify and assess available alternatives to direct regulation; (3) wherever feasible, seek views of appropriate State, local, and tribal officials before imposing requirements that might significantly or uniquely affect those governmental entities. 
(Sec. 3) Directs the Office of Management and Budget to carry out coordinated review of agency rulemaking.  Designates its Office of Information and Regulatory Affairs (OIRA) as the repository of expertise concerning regulatory issues. 
(Sec. 4) Directs the OIRA Administrator, early in each year's planning cycle, to convene a meeting of the regulatory policy advisers to the President and agency heads to seek a common understanding of priorities and to coordinate regulatory efforts for the upcoming year. 
Requires each agency to prepare:  (1) a unified regulatory agenda of all regulations under development or review; and (2) a regulatory plan of the most important significant regulatory actions that the agency reasonably expects to issue in that fiscal year or thereafter. 
Directs the Administrator to:  (1) convene and chair a regulatory working group, which shall meet at least quarterly, to assist agencies in identifying and analyzing important regulatory issues; (2) meet quarterly, along with agency heads, with representatives of State, local, and tribal governments to identify exiting and proposed regulations that may uniquely or significantly affect those governmental entities; and (3) convene periodic conferences with representatives of businesses, nongovernmental organizations, and the public to discuss regulatory issues. 
(Sec. 5) Requires that:  (1) each agency submit to OIRA a program under which the agency will periodically review its existing significant regulations; and (2) any significant regulations selected for review be included in the agency's annual plan, and the agency identify any legislative mandates that require the agency to promulgate or continue to impose unnecessary or outdated regulations. 
(Sec. 5) Requires each agency to:  (1) submit to the OIRA a program under which the agency will periodically review its existing significant regulations for possible modification or elimination; (2) provide the public with meaningful participation in the regulatory process and a meaningful opportunity to comment on any proposed regulation, generally including a comment period of not less than 60 days; and (2) explore and, where appropriate, use consensual mechanisms for developing regulations, including negotiated rulemaking. 
Directs:  (1) each agency head to designate a Regulatory Policy Office; (2) each agency to develop its regulatory actions in a timely fashion and adhere to specified procedures; (3) each agency to provide the OIRA with a list of its planned regulatory actions, including significant regulatory actions; and (4)  the Administrator to provide meaningful guidance and oversight. 
(Sec. 8) Prohibits an agency from publishing a regulation until the Administrator has waived review of the action, completed such review, or the review period has passed, whichever occurs first.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Human-Powered Travel in Wilderness 
Areas Act''.

SEC. 2. RETURNING HUMAN-POWERED TRAVEL TO WILDERNESS AREAS.

    (a) Definitions.--In this section:
            (1) Local official.--The term ``local official'' means the 
        officer or employee who is the head of a unit or jurisdiction 
        of, as applicable--
                    (A) the Bureau of Land Management;
                    (B) the National Park Service;
                    (C) the Forest Service; or
                    (D) the United States Fish and Wildlife Service.
            (2) Nonmotorized.--The term ``nonmotorized'', with respect 
        to a method of transportation, means that the method does not 
        use a propulsive internal or external motor with a nonliving 
        power source.
            (3) Permitted route.--The term ``permitted route'' means 
        any new or existing path, trail, paved or unpaved road, snow, 
        or ice located within a wilderness area on which one or more 
        forms of nonmotorized recreational use is permitted under 
        applicable law (including regulations) on the date on which a 
        local official makes a determination under subsection (b) or 
        the date that is 2 years after the date of enactment of this 
        Act, as applicable in accordance with subsection (b).
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                public land.
            (5) Wilderness area.--The term ``wilderness area'' means a 
        component of the National Wilderness Preservation System.
    (b) Permissible Forms of Recreational Use on Permitted Routes.--
            (1) In general.--Notwithstanding any other provision of law 
        and except as otherwise provided in this section, the Secretary 
        concerned shall authorize relevant local officials to 
        determine, not later than 2 years after the date of enactment 
        of this Act, all permissible forms of recreational use by 
        nonmotorized transportation methods over any permitted route 
        within the jurisdiction of the local official.
            (2) Failure to determine.--
                    (A) In general.--If a local official fails to make 
                the determination described in paragraph (1) with 
                respect to a permitted route within the jurisdiction of 
                the local official by the date that is 2 years after 
                the date of enactment of this Act, any form of 
                recreational use by nonmotorized transportation methods 
                shall be allowable on the permitted route.
                    (B) Effect of paragraph.--Nothing in this paragraph 
                limits the authority of a local official to make a 
                determination described in paragraph (1) relating to a 
                permitted route described in subparagraph (A) after the 
                date that is 2 years after the date of enactment of 
                this Act, in accordance with this section.
            (3) Requirement.--In making a determination pursuant to 
        this section, a local official shall seek to accommodate all 
        forms of nonmotorized transportation, to the maximum extent 
        practicable.
    (c) Authority.--In making a determination pursuant to this section, 
a local official may carry out such activities and promulgate such 
regulations as the local official determines to be appropriate to 
reduce, eliminate, or prevent environmental impacts or undue conflicts 
among members of nonmotorized transportation user groups, including--
            (1) restricting, by permit or other means, the number of 
        individuals allowed on a permitted route or in a wilderness 
        area;
            (2) instructing users to stay on permitted routes;
            (3) limiting party size;
            (4) educating users regarding best practices;
            (5) using volunteer or paid patrollers;
            (6) establishing speed limits;
            (7) adding features to discourage improper uses of 
        permitted routes;
            (8) designating the direction of travel on a permitted 
        route; and
            (9) separating uses of permitted routes--
                    (A) by day or time of day; or
                    (B) seasonally.
    (d) Effect of Section.--Nothing in this section requires the 
Secretary concerned or any local official--
            (1)(A) to open a permitted route or wilderness area to a 
        public recreational use; or
            (B) to maintain a permitted route or wilderness area for 
        such a use; or
            (2) to allow any nonmotorized transport on any portion of 
        the Appalachian National Scenic Trail that is administered 
        entirely as a footpath pursuant to section 5(a)(1) of the 
        National Trails System Act (16 U.S.C. 1244(a)(1)).

SEC. 3. WILDERNESS MAINTENANCE.

    (a) Prohibition of Certain Uses in Wilderness Areas.--Section 4(c) 
of the Wilderness Act (16 U.S.C. 1133(c)) is amended--
            (1) by striking the subsection heading and all that follows 
        through ``(c) Except as'' and inserting the following:
    ``(c) Prohibition of Certain Uses.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Local official.--The term `local official' 
                means the officer or employee who is the head of a unit 
                or jurisdiction of, as applicable--
                            ``(i) the Bureau of Land Management;
                            ``(ii) the National Park Service;
                            ``(iii) the Forest Service; or
                            ``(iv) the United States Fish and Wildlife 
                        Service.
                    ``(B) Mechanical transport.--
                            ``(i) In general.--The term `mechanical 
                        transport' means any method of transportation 
                        that--
                                    ``(I) travels over ground, snow, or 
                                ice; and
                                    ``(II) possesses, or is propelled 
                                by, a nonliving power source.
                            ``(ii) Exclusion.--The term `mechanical 
                        transport' does not include any form of human-
                        powered travel, regardless of whether the 
                        travel is mechanically assisted, in which the 
                        sole propulsive power source is one or more 
                        persons.
                    ``(C) Motorized equipment.--
                            ``(i) In general.--The term `motorized 
                        equipment' means any equipment that is--
                                    ``(I) activated by a nonliving 
                                power source; and
                                    ``(II) carried by an individual, 
                                other than a Federal officer or 
                                employee (or a designee).
                            ``(ii) Exclusion.--The term `motorized 
                        equipment' does not include any device that 
                        is--
                                    ``(I) small;
                                    ``(II) battery-powered; and
                                    ``(III) carried by hand.
            ``(2) Prohibitions.--Except as''; and
            (2) by adding at the end the following:
            ``(3) Effect of subsection.--
                    ``(A) In general.--Subject to subparagraph (B), 
                nothing in this subsection requires the Secretary of 
                Agriculture, the Secretary of the Interior, or any 
                local official--
                            ``(i) to alter any wilderness area; or
                            ``(ii) to allow in a wilderness area any 
                        use that is likely to change the wilderness 
                        character of the area.
                    ``(B) Presumption.--A form of human-powered travel, 
                regardless of whether the travel is mechanically 
                assisted, in which the sole propulsive power source is 
                one or more persons shall be rebuttably presumed to be 
                in accordance with the preservation and maintenance of 
                the wilderness character of a wilderness area.''.
    (b) Maintenance.--Section 4 of the Wilderness Act (16 U.S.C. 1133) 
is amended by adding at the end the following:
    ``(e) Maintenance.--Notwithstanding any other provision of law, any 
officer or employee of the Federal Government may use any small-scale 
motorized equipment or method of mechanical transport (such as a 
chainsaw and wheelbarrow) to construct, improve, or maintain a trail or 
to maintain the surroundings, in accordance with the purposes of this 
Act and the preservation of the wilderness character of a wilderness 
area.''.

A:
Human-Powered Travel in Wilderness Areas Act This bill requires the Department of Agriculture (with respect to National Forest System land) and the Department of the Interior (with respect to public land) to authorize relevant local officials to determine all permissible forms of recreational use by nonmotorized transportation methods over any permitted routes within their jurisdictions. The bill defines &quot;local officials&quot; as officers or employees who are the heads of units or jurisdictions of the Bureau of Land Management, the National Park Service, the Forest Service, or the U.S. Fish and Wildlife Service.  If a local official fails to make such a determination about a permitted route more than two years after this bill's enactment, then any form of recreational use by nonmotorized transportation methods shall be allowable on that route.
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