I 118TH CONGRESS 1ST SESSION H. R. 3756 To require the Secretary of the Interior and the Secretary of Agriculture to complete an interagency report on the effects of special recreation permits on environmental justice communities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 30, 2023 Ms. TLAIB (for herself and Ms. STANSBURY) introduced the following bill; which was referred to the Committee on Natural Resources, and in addi- tion to the Committee on Agriculture, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of the Interior and the Secretary of Agriculture to complete an interagency report on the effects of special recreation permits on environmental justice communities, 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. 3 This Act may be cited as the ‘‘Environmental Justice 4 in Recreation Permitting Act’’. 5 VerDate Sep 11 2014 23:46 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3756.IH H3756 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3756 IH SEC. 2. INTERAGENCY REPORT ON THE BENEFITS OF SPE- 1 CIAL RECREATION PERMITS TO ENVIRON- 2 MENTAL JUSTICE COMMUNITIES. 3 (a) DEFINITIONS.—In this section: 4 (1) ENVIRONMENTAL JUSTICE COMMUNITY.— 5 The term ‘‘environmental justice community’’ means 6 a community with significant representation of com- 7 munities of color, low-income communities, or Tribal 8 and indigenous communities, that experiences, or is 9 at risk of experiencing, higher or more adverse 10 human health or environmental effects than other 11 communities. 12 (2) FEDERAL LAND MANAGEMENT AGENCY; 13 FEDERAL RECREATIONAL LANDS AND WATERS; SEC- 14 RETARIES.—The terms ‘‘Federal land management 15 agency’’, ‘‘Federal recreational lands and waters’’, 16 and ‘‘Secretaries’’ have the meanings given the 17 terms in section 802 of the Federal Lands Recre- 18 ation Enhancement Act (16 U.S.C. 6801). 19 (3) RECREATION SERVICE PROVIDER.—The 20 term ‘‘recreation service provider’’ means an indi- 21 vidual or entity that— 22 (A) provides outfitting, guiding, or other 23 recreation services; or 24 (B) conducts recreational or competitive 25 events, including incidental sales. 26 VerDate Sep 11 2014 23:46 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3756.IH H3756 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3756 IH (4) SPECIAL RECREATION PERMIT.—The term 1 ‘‘special recreation permit’’ means a permit issued 2 by a Federal land management agency for special- 3 ized individual or group uses of Federal recreational 4 lands and waters, including— 5 (A) for outfitting, guiding, or other recre- 6 ation services; 7 (B) for recreation or competitive events, 8 which may include incidental sales; 9 (C) for the use of— 10 (i) a special area; or 11 (ii) an area in which use is allocated; 12 (D) for motorized recreational vehicle use 13 in compliance with an applicable travel manage- 14 ment plan or other regulation; and 15 (E) for a group activity or event. 16 (b) REPORT.—Not later than 1 year after the date 17 of enactment of this Act, the Secretaries shall submit to 18 the Committee on Energy and Natural Resources of the 19 Senate and the Committee on Natural Resources of the 20 House of Representatives a report that describes— 21 (1) the estimated use of special recreation per- 22 mits by recreation service providers serving environ- 23 mental justice communities; 24 VerDate Sep 11 2014 23:46 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3756.IH H3756 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3756 IH (2) any national, regional, State, local, or site- 1 specific policies, including any policies required 2 under the Federal Lands Recreation Enhancement 3 Act (16 U.S.C. 6801 et seq.), that facilitate public 4 land access for recreation service providers serving 5 environmental justice communities; 6 (3) any case studies that may provide illus- 7 trative examples of the manner in which special 8 recreation permits, partnerships, or cooperative 9 agreements are being effectively used by land man- 10 agers for the purpose of providing public land access 11 to recreation service providers serving environmental 12 justice communities; 13 (4) any barriers to public land access for recre- 14 ation service providers serving environmental justice 15 communities; and 16 (5) any recommendations for agency policy, or 17 if necessary, action by Congress, to encourage and 18 simplify public land access for recreation service pro- 19 viders serving environmental justice communities. 20 (c) VOLUNTARY PARTICIPATION BY RECREATION 21 SERVICE PROVIDERS.—For purposes of preparing the re- 22 port under subsection (b), the Secretaries— 23 (1) shall contact all existing or prospective 24 recreation service providers to request a voluntary 25 VerDate Sep 11 2014 23:46 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3756.IH H3756 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3756 IH estimate of the number of user days used by or, in 1 the case of a prospective recreation service provider, 2 expected to be used by, individuals from environ- 3 mental justice communities during the period cov- 4 ered by the report; 5 (2) shall request from recreation service pro- 6 viders and interested members of the public any 7 other information required for the report; and 8 (3) shall not use the participation of, or the 9 provision of information to the Secretaries by, a 10 recreation service provider under this subsection as 11 a condition of a special recreation permit. 12 Æ VerDate Sep 11 2014 23:46 Jun 20, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3756.IH H3756 kjohnson on DSK79L0C42PROD with BILLS