What This Bill Does
This bill requires the Secretary of the Interior and Secretary of Agriculture to work with communities near federal recreational areas to identify housing shortages, infrastructure problems, and other challenges those communities face. The bill also creates a system to track visitor numbers at federal recreation sites and establishes a digital version of the America the Beautiful Pass that people can store on their phones.
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Who It Affects
Gateway communities (towns near national parks and federal recreation areas), businesses in those communities, visitors to federal recreational lands, Native American tribes, state and local governments, and federal agencies that manage recreational lands.
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Key Provisions
- The Secretaries of Interior and Agriculture must work with communities, tribes, nonprofits and other groups to identify needs in gateway communities, including housing shortages and problems with visitor management (Sec. 3(a))
- The Secretary of Agriculture must provide training programs, technical assistance, and low-interest loans to help businesses in gateway communities build or expand hotels, campgrounds, and restaurants (Sec. 3(b))
- The Secretaries must create a single system to report annual visitor numbers consistently across all federal recreational lands and waters (Sec. 4(a))
- By January 1, 2024, the Secretaries must start a pilot program at 20 federal recreation sites to show visitors real-time or predicted crowd data and information about lesser-known recreation sites nearby (Sec. 4(b))
- By January 1, 2024, the Secretaries must create a digital version of the America the Beautiful Pass that people can store on their phones (Sec. 5)
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What Changes
If this becomes law, gateway communities will have official channels to work with federal agencies on their specific needs. Businesses in those communities will have access to government training and low-interest loans. Visitors will see consistent, standardized visitor data across all federal recreation sites and be able to purchase and store digital park passes on their mobile devices instead of physical passes only.
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Important Definitions
- **Gateway community**: A town that serves as an entry point to or sits next to a federal recreation destination where there is consistently high seasonal or year-round visitation
- **Federal recreational lands and waters**: The definition from the Federal Lands Recreation Enhancement Act (specific details not provided in this bill)
- **Indian Tribe**: The definition from the Indian Self-Determination and Education Assistance Act (specific details not provided in this bill)
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 390
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 Enhance-
ment Act to provide for the establishment of a digital National Parks
and Federal Recreational Lands Pass, and for other purposes.
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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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•S 390 IS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Gateway Community
2
and Recreation Enhancement Act’’.
3
SEC. 2. DEFINITIONS.
4
In this Act:
5
(1) FEDERAL
RECREATIONAL
LANDS
AND
6
WATERS.—The term ‘‘Federal recreational lands and
7
waters’’ has the meaning given the term in section
8
802 of the Federal Lands Recreation Enhancement
9
Act (16 U.S.C. 6801).
10
(2) GATEWAY COMMUNITY.—The term ‘‘gate-
11
way community’’ means a community that serves as
12
an entry point or is adjacent to a recreation destina-
13
tion on Federal recreational lands and waters or
14
non-Federal land at which there is consistently high,
15
in the determination of the Secretaries, seasonal or
16
year-round visitation.
17
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’
18
has the meaning given the term in section 4 of the
19
Indian Self-Determination and Education Assistance
20
Act (25 U.S.C. 5304).
21
(4) SECRETARIES.—The term ‘‘Secretaries’’
22
means—
23
(A) the Secretary; and
24
(B) the Secretary of Agriculture, acting
25
through the Chief of the Forest Service.
26
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•S 390 IS
(5) SECRETARY.—The term ‘‘Secretary’’ means
1
the Secretary of the Interior.
2
SEC. 3. GATEWAY COMMUNITIES.
3
(a) ASSESSMENT OF IMPACTS AND NEEDS IN GATE-
4
WAY COMMUNITIES.—Using existing funds available to
5
the Secretaries, the Secretaries—
6
(1) shall collaborate with State and local gov-
7
ernments, Indian Tribes, housing authorities, appli-
8
cable trade associations, nonprofit organizations,
9
and other relevant stakeholders to identify needs and
10
economic impacts in gateway communities, includ-
11
ing—
12
(A) housing shortages;
13
(B) demands on existing municipal infra-
14
structure;
15
(C) accommodation and management of
16
sustainable visitation; and
17
(D) the expansion and diversification of
18
visitor experiences by bolstering the visitation
19
at—
20
(i) underutilized locations on nearby
21
Federal recreational lands and waters that
22
are suitable for developing, expanding, or
23
enhancing recreation use, as identified by
24
the Secretaries; or
25
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•S 390 IS
(ii) lesser-known recreation sites, as
1
identified under section 4(b)(1)(B), on
2
nearby land managed by a State agency or
3
a local agency; and
4
(2) may address a need identified under para-
5
graph (1) by—
6
(A) providing financial or technical assist-
7
ance to a gateway community under an existing
8
program;
9
(B) entering into a lease, right-of-way, or
10
easement, in accordance with applicable laws; or
11
(C) issuing an entity referred to in para-
12
graph (1) a special use permit (other than a
13
special recreation permit), in accordance with
14
applicable laws.
15
(b) TECHNICAL
AND FINANCIAL ASSISTANCE
TO
16
BUSINESSES.—
17
(1) IN GENERAL.—The Secretary of Agriculture
18
(acting through the Administrator of the Rural
19
Business-Cooperative Service), in coordination with
20
the Secretary and the Secretary of Commerce, shall
21
provide to businesses in gateway communities the
22
assistance described in paragraph (2) to establish,
23
operate, or expand infrastructure to accommodate
24
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•S 390 IS
and manage sustainable visitation, including hotels,
1
campgrounds, and restaurants.
2
(2) ASSISTANCE.—The Secretary of Agriculture
3
may provide assistance under paragraph (1) through
4
the use of existing, or the establishment of new, en-
5
trepreneur and vocational training programs, tech-
6
nical assistance programs, low-interest business loan
7
programs, and loan guarantee programs.
8
(c) PARTNERSHIPS.—In carrying out this section, the
9
Secretaries may, in accordance with applicable laws, enter
10
into a public-private partnership, cooperative agreement,
11
memorandum of understanding, or similar agreement with
12
a gateway community or a business in a gateway commu-
13
nity.
14
SEC. 4. IMPROVED RECREATION VISITATION DATA.
15
(a) CONSISTENT VISITATION DATA.—
16
(1) ANNUAL
VISITATION
DATA.—The Secre-
17
taries shall establish a single visitation data report-
18
ing system to report accurate annual visitation data,
19
in a consistent manner, for—
20
(A) each unit of Federal recreational lands
21
and waters; and
22
(B) land held in trust for an Indian Tribe,
23
on request of the Indian Tribe.
24
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(2) CATEGORIES OF USE.—Within the visitation
1
data reporting system established under paragraph
2
(1), the Secretaries shall—
3
(A) establish multiple categories of dif-
4
ferent recreation activities that are reported
5
consistently across agencies; and
6
(B) provide an estimate of the number of
7
visitors for each applicable category established
8
under subparagraph (A) for each unit of Fed-
9
eral recreational lands and waters.
10
(b) REAL-TIME DATA PILOT PROGRAM.—
11
(1) IN GENERAL.—Not later than 2 years after
12
the date of enactment of this Act, using existing
13
funds available to the Secretaries, the Secretaries
14
shall carry out a pilot program, to be known as the
15
‘‘Real-time Data Pilot Program’’ (referred to in this
16
section as the ‘‘Pilot Program’’), to make available
17
to the public, for each unit of Federal recreational
18
lands and waters selected for participation in the
19
Pilot Program under paragraph (2)—
20
(A) real-time or predictive data on visita-
21
tion (including data and resources publicly
22
available from existing nongovernmental plat-
23
form) at—
24
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•S 390 IS
(i) the unit of Federal recreational
1
lands and waters;
2
(ii) to the extent practicable, areas
3
within the unit of Federal recreational
4
lands and waters; and
5
(iii) to the extent practicable, recre-
6
ation sites managed by any other Federal
7
agency, a State agency, or a local agency
8
that are located near the unit of Federal
9
recreational lands and waters; and
10
(B) through multiple media platforms, in-
11
formation about lesser-known recreation sites
12
located near the unit of Federal recreational
13
lands and waters (including recreation sites
14
managed by any other Federal agency, a State
15
agency, or a local agency), in an effort to en-
16
courage visitation among recreational sites.
17
(2) LOCATIONS.—
18
(A) INITIAL NUMBER OF UNITS.—On es-
19
tablishment of the Pilot Program, the Secre-
20
taries shall select for participation in the Pilot
21
Program—
22
(i) 15 units of Federal recreational
23
lands and waters managed by the Sec-
24
retary; and
25
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•S 390 IS
(ii) 5 units of Federal recreational
1
lands and waters managed by the Sec-
2
retary of Agriculture (acting through the
3
Chief of the Forest Service).
4
(B) EXPANSION.—Not later than 5 years
5
after the date of enactment of this Act, the Sec-
6
retaries shall expand the Pilot Program by se-
7
lecting 80 additional units of Federal rec-
8
reational lands and waters managed by the Sec-
9
retaries for participation in the Pilot Program,
10
not fewer than 50 of which shall be units man-
11
aged by the Secretary.
12
(C) FEEDBACK; SUPPORT
OF
GATEWAY
13
COMMUNITIES.—The Secretaries shall—
14
(i) solicit feedback regarding partici-
15
pation in the Pilot Program from commu-
16
nities adjacent to units of Federal rec-
17
reational lands and waters and the public;
18
and
19
(ii) in carrying out subparagraphs (A)
20
and (B), select a unit of Federal recreation
21
lands and waters to participate in the Pilot
22
Program only if the community adjacent to
23
the unit of Federal recreational lands and
24
waters is supportive of the participation of
25
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•S 390 IS
the unit of Federal recreational lands and
1
waters in the Pilot Program.
2
(3) DISSEMINATION
OF
INFORMATION.—The
3
Secretaries may disseminate the information de-
4
scribed in paragraph (1) directly or through an enti-
5
ty or organization referred to in subsection (c).
6
(c) COMMUNITY PARTNERS AND THIRD-PARTY PRO-
7
VIDERS.—For purposes of carrying out this section, the
8
Secretary concerned may—
9
(1) coordinate and partner with—
10
(A) communities adjacent to units of Fed-
11
eral recreational lands and waters;
12
(B) State and local outdoor recreation and
13
tourism offices;
14
(C) local governments;
15
(D) Indian Tribes;
16
(E) trade associations;
17
(F) local outdoor recreation marketing or-
18
ganizations;
19
(G) permitted facilitated recreation pro-
20
viders; or
21
(H) other relevant stakeholders; and
22
(2) coordinate or enter into agreements, as ap-
23
propriate, with private sector and nonprofit part-
24
ners, including—
25
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•S 390 IS
(A) technology companies;
1
(B) geospatial data companies;
2
(C) experts in data science, analytics, and
3
operations research; or
4
(D) data companies.
5
(d) EXISTING PROGRAMS.—The Secretaries may use
6
existing programs or products of the Secretaries to carry
7
out this section.
8
(e) PRIVACY CLAUSES.—Nothing in this section pro-
9
vides authority to the Secretaries—
10
(1) to monitor or record the movements of a
11
visitor to a unit of Federal recreational lands and
12
waters;
13
(2) to restrict, interfere with, or monitor a pri-
14
vate communication of a visitor to a unit of Federal
15
recreational lands and waters; or
16
(3) to collect—
17
(A) information from owners of land adja-
18
cent to a unit of Federal recreational lands and
19
waters; or
20
(B) information on non-Federal land.
21
(f) REPORTS.—Not later than January 1, 2024, and
22
annually thereafter, the Secretaries shall publish on a
23
website of the Secretaries a report that describes the an-
24
nual visitation of each unit of Federal recreational lands
25
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•S 390 IS
and waters, including, to the maximum extent practicable,
1
visitation categorized by recreational activity.
2
SEC. 5. ESTABLISHMENT OF A DIGITAL VERSION OF AMER-
3
ICA THE BEAUTIFUL—THE NATIONAL PARKS
4
AND
FEDERAL
RECREATIONAL
LANDS
5
PASSES.
6
Section 805(a) of the Federal Lands Recreation En-
7
hancement Act (16 U.S.C. 6804(a)) is amended by adding
8
at the end the following:
9
‘‘(10) DIGITAL RECREATION PASSES.—By not
10
later than January 1, 2024, the Secretaries shall—
11
‘‘(A) establish a digital version of the Na-
12
tional Parks and Federal Recreational Lands
13
Pass that is able to be stored on a mobile de-
14
vice; and
15
‘‘(B) on the completion of a sale of a Na-
16
tional Parks and Federal Recreational Lands
17
Pass carried out under paragraph (6)(A), make
18
available to the passholder the digital version of
19
the National Parks and Federal Recreational
20
Lands Pass established under subparagraph
21
(A).’’.
22
Æ
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