Federal

America’s Outdoor Recreation Act of 2023

Source: Congress.gov · 34,886 words in original text

What This Bill Does

This bill aims to improve outdoor recreation opportunities on federal public lands and waters. It creates new programs to make recreation sites more accessible, builds target shooting ranges, develops bike trails, improves climbing access, and enhances visitor information systems. The bill also establishes partnerships between federal agencies and private entities to modernize campgrounds, cabins, and visitor centers. ##

Who It Affects

- People who recreate on federal lands (hikers, bikers, climbers, shooters, campers) - Federal land management agencies (Forest Service, Bureau of Land Management, National Park Service, Fish and Wildlife Service) - State and local governments - Private businesses and nonprofits operating on federal lands - Indian Tribes - Gateway communities near recreation destinations - Campground and resort operators ##

Key Provisions

- Federal agencies must identify at least 10 long-distance bike trails of 80+ miles on federal lands and 10 areas where trails could be developed (Sec. 121) - Forest Service must issue guidance allowing recreational climbing (including fixed anchors) in wilderness areas by 18 months after enactment (Sec. 122) - Federal agencies must establish target shooting ranges in every National Forest and Bureau of Land Management district that allows them under law, with construction or partnerships to occur within 5 years (Sec. 123) - Secretary of Interior and Forest Service must work with Secretary of Commerce to install broadband internet at developed recreation sites, prioritizing remote areas with high seasonal visitation (Sec. 131) - Agencies may enter into 30-year agreements with private partners to modernize and operate federally owned campgrounds, cabins, resorts, and visitor centers, with partners investing at least $2,000,000 in improvements (Sec. 136) - Agencies must establish a real-time visitation data reporting system starting with 20 recreation sites, expanding to 100 sites within 5 years (Sec. 144) - A Federal Interagency Council on Outdoor Recreation must coordinate recreation policies across eight federal agencies (Sec. 142) ##

What Changes

The federal government will actively seek to expand outdoor recreation opportunities rather than simply managing existing ones. Private businesses and nonprofits gain new authority to invest in and operate federal recreation facilities under long-term agreements. Visitors will receive real-time crowding data to choose less-busy recreation sites. Target shooting will become a recognized federal recreation use with designated ranges on most federal lands. Climbing with fixed anchors becomes explicitly allowed in wilderness areas. Gateway communities (towns near popular recreation areas) gain access to technical assistance and financial programs to support tourism businesses. ##

Important Definitions

- **Federal recreational lands and waters**: Land and water managed by federal agencies for public recreation - **Gateway community**: A town that serves as an entry point to or is adjacent to a recreation destination with consistently high seasonal or year-round visitation - **Special recreation permit**: A permit allowing commercial recreation services on federal lands - **Long-distance bike trail**: A continuous route of 80+ miles across federal lands usable for mountain biking, road biking, or gravel biking - **Target shooting range**: A developed area authorized by the Forest Service or Bureau of Land Management specifically for public firearm use, firearms training, or archery - **Visitor-use day**: A metric used to measure and authorize recreation use under special permits - **Pay-for-performance project**: A recreation or infrastructure project funded by private investment with repayment based on achieving specific measurable outcomes ##

Effective Date

Not specified in bill text. Various provisions have different timelines (18 months for climbing guidance, 1 year for target shooting assessment, 2 years for bike trail report, 3 years for public-private partnerships, 5 years for target shooting range construction).

II Calendar No. 172 118TH CONGRESS 1ST SESSION S. 873 [Report No. 118–79] To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 16, 2023 Mr. MANCHIN (for himself and Mr. BARRASSO) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources JULY 26, 2023 Reported by Mr. MANCHIN, with amendments [Omit the part struck through and insert the part printed in italic] A BILL To improve recreation opportunities on, and facilitate greater access to, Federal public land, 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 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘America’s Outdoor Recreation Act of 2023’’. 5 VerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 873 RS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 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 camp- grounds, resorts, cabins, and visitor centers on Federal rec- reational 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. VerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S873.RS S873 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 873 RS 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 com- munities. 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. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) COMMERCIAL USE AUTHORIZATION.—The 3 term ‘‘commercial use authorization’’ means a com- 4 mercial use authorization to provide services to visi- 5 tors to units of the National Park System under 6 subchapter II of chapter 1019 of title 54, United 7 States Code. 8 VerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 873 RS (2) FEDERAL LAND MANAGEMENT AGENCY.— 1 The term ‘‘Federal land management agency’’ has 2 the meaning given the term in section 802 of the 3 Federal Lands Recreation Enhancement Act (16 4 U.S.C. 6801). 5 (3) FEDERAL RECREATIONAL LANDS AND 6 WATERS.—The term ‘‘Federal recreational lands and 7 waters’’ has the meaning given the term in section 8 802 of the Federal Lands Recreation Enhancement 9 Act (16 U.S.C. 6801). 10 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 11 has the meaning given the term in section 4 of the 12 Indian Self-Determination and Education Assistance 13 Act (25 U.S.C. 5304). 14 (5) RECREATION SERVICE PROVIDER.—The 15 term ‘‘recreation service provider’’ has the meaning 16 given the term in section 802 of the Federal Lands 17 Recreation Enhancement Act (16 U.S.C. 6801) (as 18 amended by section 202(9)). 19 (6) SECRETARIES.—The term ‘‘Secretaries’’ 20 means each of— 21 (A) the Secretary; and 22 (B) the Secretary of Agriculture. 23 (7) SECRETARY.—The term ‘‘Secretary’’ means 24 the Secretary of the Interior. 25 VerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 873 RS (8) SECRETARY CONCERNED.—The term ‘‘Sec- 1 retary concerned’’ means— 2 (A) the Secretary, with respect to land 3 under the jurisdiction of the Secretary; or 4 (B) the Secretary of Agriculture, with re- 5 spect to land managed by the Forest Service. 6 (9) SPECIAL RECREATION PERMIT.—The term 7 ‘‘special recreation permit’’ has the meaning given 8 the term in section 802 of the Federal Lands Recre- 9 ation Enhancement Act (16 U.S.C. 6801) (as 10 amended by section 202(10)). 11 (10) VISITOR-USE DAY.—The term ‘‘visitor-use 12 day’’ means a visitor-use day, user day, launch, or 13 other metric used by the Secretary concerned for 14 purposes of authorizing use under a special recre- 15 ation permit. 16 TITLE I—OUTDOOR RECRE- 17 ATION AND INFRASTRUC- 18 TURE 19 Subtitle A—Declaration of Policy 20 SEC. 111. CONGRESSIONAL DECLARATION OF POLICY. 21 Congress declares that it is the policy of the Federal 22 Government to foster and encourage recreation on Federal 23 recreational lands and waters, to the extent consistent 24 with the laws applicable to specific areas of Federal rec- 25 VerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 873 RS reational lands and waters, including multiple-use man- 1 dates and land management planning requirements. 2 Subtitle B—Public Recreation on 3 Federal Recreational Lands and 4 Waters 5 SEC. 121. BIKING ON LONG-DISTANCE BIKE TRAILS. 6 (a) DEFINITION OF LONG-DISTANCE BIKE TRAIL.— 7 In this section, the term ‘‘long-distance bike trail’’ means 8 a continuous route, consisting of 1 or more trails or rights- 9 of-way, that— 10 (1) is not less than a total of 80 miles in length 11 on Federal recreational lands and waters; 12 (2) to the maximum extent practicable, makes 13 use of existing trails; 14 (3) is composed generally of a consistent type 15 of trail; 16 (4) may be used for mountain biking, 17 bikepacking, road biking, bicycle touring, or gravel 18 biking; and 19 (5) may include short connections by way of a 20 road or highway. 21 (b) LONG-DISTANCE BIKE TRAILS ON FEDERAL 22 RECREATIONAL LANDS AND WATERS.— 23 VerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 873 RS (1) IDENTIFICATION OF LONG-DISTANCE BIKE 1 TRAILS.—Subject to paragraph (2), the Secretaries 2 shall— 3 (A) identify not fewer than 10 long-dis- 4 tance bike trails, consistent with management 5 requirements for the Federal recreational lands 6 and waters identified, that make use of trails 7 and roads in existence on the date of enactment 8 of this Act; and 9 (B)(i) identify not fewer than 10 areas in 10 which there is an opportunity to develop or 11 complete long-distance bike trails, consistent 12 with the management requirements for the Fed- 13 eral recreational lands and waters identified; 14 (ii) coordinate with stakeholders on the 15 feasibility of, and identifying any resources nec- 16 essary for, completing the development of the 17 trails identified under clause (i); and 18 (iii) incorporate existing applicable re- 19 search and planning decisions in carrying out 20 this section. 21 (2) CONFLICT AVOIDANCE WITH OTHER 22 USES.—Before identifying a trail or road as a long- 23 distance bike trail under paragraph (1), the Sec- 24 retary concerned shall ensure that the identification 25 VerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S873.RS S873 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 873 RS of the long-distance bike trail would not conflict with 1 an existing use of the trail or road, including horse- 2 back riding or use by pack and saddle stock. 3 (3) MAPS, SIGNAGE, AND PROMOTIONAL MATE- 4 RIALS.—For any long-distance bike trail identified 5 under paragraph (1), the Secretary concerned may 6 publish and distribute maps, install signage, and 7 issue promotional materials. 8 (4) GEOGRAPHIC REPRESENTATION.—To the 9 extent practicable, the Secretary concerned shall 10 seek to identify long-distance bike trails and areas 11 for the development or completion of long-distance 12 bike trails under paragraph (1) in a geographically 13 equitable manner. 14 (5) REPORT.—Not later than 2 years after the 15 date of enactment of this Act, the Secretaries, in 16 partnership with interested organizations, shall pre- 17 pare and publish a report that lists the long-distance 18 bike trails identified under paragraph (1). 19 SEC. 122. FOREST SERVICE CLIMBING GUIDANCE. 20 (a) CLIMBING GUIDANCE IN WILDERNESS.— 21 (1) IN GENERAL.—Not later than 18 months 22 after the date of enactment of this Act, the Sec- 23 retary of Agriculture shall issue guidance relating to 24 climbing management for National Forest System 25 VerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S873.RS S873 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 873 RS land, including in designated wilderness areas on 1 National Forest System land, pursuant to the joint 2 explanatory statement for division G (relating to the 3 Department of the Interior, Environment, and Re- 4 lated Agencies Appropriations Act, 2021) described 5 in section 4 of the Consolidated Appropriations Act, 6 2021 (Public Law 116–260; 134 Stat. 1185), that 7 recognizes the appropriateness of the allowable ac- 8 tivities described in paragraph (2) in the designated 9 wilderness areas, if the allowable activities are car- 10 ried out in accordance with— 11 (A) the Wilderness Act (16 U.S.C. 1131 et 12 seq.); 13 (B) other applicable laws (including regu- 14 lations); and 15 (C) any terms and conditions that are de- 16 termined to be necessary by the Secretary of 17 Agriculture. 18 (2) ALLOWABLE ACTIVITIES.—The allowable 19 activities referred to in paragraph (1) are— 20 (A) recreational climbing; 21 (B) the placement, use, and maintenance 22 of fixed anchors; and 23 (C) the use of other equipment necessary 24 for recreational climbing. 25 VerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S873.RS S873 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 873 RS (b) PUBLIC NOTICE AND COMMENT.—Before final- 1 izing guidance relating to climbing management under 2 subsection (a)(1), the Secretary of Agriculture shall pro- 3 vide to the public notice and an opportunity to comment 4 regarding the proposed guidance. 5 SEC. 122. CLIMBING GUIDANCE. 6 (a) GUIDANCE.—Not later than 18 months after the 7 date of enactment of this Act, each Secretary concerned shall 8 issue guidance for recreational climbing activities on Fed- 9 eral land under the jurisdiction of the Secretary concerned, 10 including within components of the National Wilderness 11 Preservation System. 12 (b) APPLICABLE LAW.—The guidance issued under 13 subsection (a) shall ensure that recreational climbing ac- 14 tivities comply with the laws (including regulations) appli- 15 cable to the land under the jurisdiction of the Secretary con- 16 cerned. 17 (c) WILDERNESS AREAS.— 18 (1) IN GENERAL.—The guidance issued under 19 subsection (a) shall recognize that recreational climb- 20 ing (including the placement and maintenance of 21 fixed anchors, where necessary for safety) is an ap- 22 propriate recreational use within a component of the 23 National Wilderness Preservation System, if under- 24 taken— 25 VerDate Sep 11 2014 05:57 Jul 27, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S873.RS S873 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 873 RS (A) in accordance with the Wilderness Act 1 (16 U.S.C. 1131 et seq.) and other applicable 2 laws (including regulations); and 3 (B) subject to any terms and conditions de- 4 termined to be appropriate by the Secretary con- 5 cerned. 6 (2) AUTHORIZATION.—The guidance issued 7 under subsection (a) shall describe the requirements, 8 if any, for the placement and maintenance of fixed 9 anchors for recreational climbing in a component of 10 the National Wilderness Preservation System, includ- 11 ing any terms and conditions determined by the Sec- 12 retary concerned to be appropriate, which may be 13 issued programmatically or on a case-by-case basis. 14 (d) EXISTING ROUTES.—The guidance issued under 15 subsection (a) shall include direction providing for the con- 16 tinued use and maintenance of recreational climbing routes 17 (including fixed anchors along the routes) in existence as 18 of the date of enactment [Text truncated for display. Full text available on Congress.gov.]

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