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Bill
Notes

H.R. 3400 — what changed

Recreation Not Red Tape Act

From Introduced in House to Reported in House. 11 sections amended, 27 added, and 1 removed between Introduced in House and Reported in House.

Section 1 Short title; table of contents

(a)
changed Short title— This Act may be cited as the “Recreation Not Red-Tape Red Tape Act”.
(b)
Table of contents— The table of contents of this Act is as follows:

Sec. 2 Definitions

In this Act:

(1)
changed Federal land management agency— The term Federal “Federal land management agency agency” has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801).
(2)
changed Federal recreational land lands and water— The term Federal “Federal recreational land lands and water water” has the meaning given the term Federal “Federal recreational lands and waters waters” in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801).
(3)
changed Secretaries— Except as otherwise provided in this Act, the term Secretaries “Secretaries” means—
(A)
the Secretary of the Interior; and
(B)
changed the Secretary of Agriculture.Agriculture

Sec. 3 Sense of Congress regarding outdoor recreation

It is the sense of Congress that—

(1)
changed outdoor recreation and the $887,000,000,000 outdoor industry that outdoor recreation supports are vital to the United States;
(2)
access to outdoor recreation on land and waters of the United States is important to the health and wellness of all people of the United States, especially young people;
(3)
changed $524,800,000,000 of the amount described in paragraph (1) contributes addition to the travel and tourism industry overall economic benefit of outdoor recreation, the United States, which generates over $2,000,000,000,000 in annual spending;economic benefits of outdoor recreation on Federal lands create significant economic and employment benefits to rural economies;
(4)
removed outdoor recreation (including hunting, fishing, and boating) are appropriate uses of public land;
(5)
removed access to healthy public land and water is critical to supporting the uses described in paragraph (4);
(4)
renumbered was (8) Congress supports the creation of outdoor recreation sector leadership positions within the economic development offices of States or in the office of the Governor, as well as coordination with recreation and tourism organizations within the State to guide the growth of this sector, as evidenced by recent examples in the States of Colorado, Utah, and Washington;
(5)
renumbered was (9) State and local recreation and tourism offices play a pivotal role in—
(A)
renumbered was (9)(2) coordinating State outdoor recreation policies, management, and promotion among Federal, State, and local agencies and entities;
(B)
renumbered was (9)(3) disseminating information, increasing awareness, and growing demand for outdoor recreation experiences among visitors across the United States and throughout the world;
(C)
renumbered was (9)(4) improving funding for, access to, and participation in outdoor recreation; and
(D)
renumbered was (9)(5) promoting economic development in the State by coordinating with stakeholders, improving recreational opportunities, and recruiting outdoor recreation businesses;
(6)
renumbered was (10) Congress supports the coordination and collaboration of the Federal and State land and water management agencies in the delivery of visitor services and management of outdoor recreation for the United States; and
(7)
renumbered was (11) Congress recognizes—
(A)
renumbered was (11)(2) the growing role that recreation has on public land and water;
(B)
renumbered was (11)(3) the need to provide adequate staffing within Federal land management agencies to facilitate sustainable and accessible outdoor recreation opportunities; and
(C)
renumbered was (11)(4) the important role that volunteers and volunteer partnerships play in maintaining public land.

Sec. 101 Definition

changed Section 803(h) of In this title the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) is amended—term “Secretary” means—

(1)
changed by striking “The Secretary” and inserting the following:Secretary of the Interior, with respect to a Federal land management agency (other than the Forest Service); and

removed “(1) In general—The Secretary”

(2)
changed by adding at the end Secretary of Agriculture, with respect to the following:Forest Service.

removed “(2) Outfitters and guides

removed “(A) Definitions—In this paragraph:

removed “(i) Associated agency—The term associated agency means any agency that manages the land or water on which a minority portion of the trip or activity that is the subject of a special recreation permit will take place.

removed “(ii) Lead agency—The term lead agency means the agency that manages the land or water on which the majority of the trip or activity that is the subject of the special recreation permit will take place.

removed “(B) Outfitter and guide permits—In issuing special recreation permits or charging special recreation permit fees in connection with the issuance of permits under paragraph (1) with respect to outfitters and guides, within a reasonable time after the date of enactment of the Recreation Not Red-Tape Act, the Director of the Bureau of Land Management and the Chief of the Forest Service shall, in consultation with the public, including stakeholder groups that represent the interests of organizations that facilitate outdoor access—

removed “(i) review permit application forms and revise if needed to improve efficiency and ensure the paperwork is concise and understandable to the general public;

removed “(ii) review the process for the issuance and renewal of outfitter and guide special recreation permits and use existing authorities to streamline permit processes if applicable;

removed “(iii) coordinate between agencies to develop consistent submission deadlines for activities that cross jurisdictional boundaries;

removed “(iv) shorten application processing times and minimize application and administration costs; and

removed “(v) create outreach materials and make the materials available online and in print to help outfitters and guides navigate the permitting process.

removed “(C) Permits for cross-jurisdictional trips

removed “(i) In general—In the case of an activity or trip requiring a permit issued under the subsection for use of land managed by the Forest Service and the Bureau of Land Management that will cross jurisdictional boundaries, the Secretaries shall issue a joint permit based on a single application to both agencies if the issuance of a joint permit based on a single application will lower the processing and other administrative costs for the permittee, unless the permit applicant opts to apply for separate permits rather than a joint permit.

removed “(ii) Permit application—The permit application required under clause (i) shall be—

removed “(I) the application required by the lead agency; and

removed “(II) submitted to the lead agency.

removed “(iii) Requirements of lead agency—The lead agency for a permit issued under clause (i) shall—

removed “(I) coordinate, consistent with the authority of the Secretaries under section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), to develop, in consultation with the public (including stakeholder groups that represent the interests of organizations that facilitate outdoor access), a process for issuing 1 joint permit that covers the entirety of the trip;

removed “(II) in processing the joint permit application, consider the findings, requirements, interests, and needs of the lead agency and any associated agencies; and

removed “(III) coordinate with the associated agencies to develop a method for cost sharing.

removed “(D) Reasonable timeframe—The Secretaries shall complete the permitting process under this paragraph within a reasonable timeframe.

removed “(E) Online availability—To the maximum extent practicable, where feasible and efficient, the Secretaries shall make available—

removed “(i) all special recreation permit applications, to be filled out and submitted online; and

removed “(ii) online information regarding—

removed “(I) the application process; and

removed “(II) the means by which an applicant can contact the Secretaries for guidance on the permit process before submitting a permit application.”

Sec. 102 Special recreation permit and fee

added Subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended to read as follows:

added “(h) Special recreation permit and fee

added “(1) In general—The Secretary may—

added “(A) issue a special recreation permit for Federal recreational lands and waters; and

added “(B) charge a special recreation permit fee in connection with the issuance of the permit.

added “(2) Special recreation permits—The Secretary may issue special recreation permits in the following circumstances:

added “(A) For specialized individual and group use of Federal facilities and Federal recreational lands and waters, such as, but not limited to, use of special areas or areas where use is allocated, motorized recreational vehicle use, and group activities or events.

added “(B) To recreation service providers who conduct outfitting, guiding, and other recreation services on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, or the United States Fish and Wildlife Service.

added “(C) To recreation service providers who conduct recreation or competitive events, which may involve incidental sales on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, or the United States Fish and Wildlife Service.

added “(3) Reduction in Federal costs

added “(A) In general—To reduce Federal costs in administering this subsection, if the Secretary determines that the activity to be authorized by a special recreation permit under paragraph (2) is the same as or similar to an activity analyzed in a previous environmental impact statement or environmental assessment, then, to the extent environmental analysis is necessary, the Secretary shall adopt or incorporate material from the previous analysis to the maximum extent allowable under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

added “(B) Definition—For the purposes of this paragraph, the term “similar” means—

added “(i) substantially similar in type, nature, and scope; and

added “(ii) will not result in significant new impacts.

added “(4) Relation to fees for use of highways or roads—An entity that pays a special recreation permit fee shall not be subject to a road cost-sharing fee or a fee for the use of highways or roads that are open to private, noncommercial use within the boundaries of any Federal recreational lands or waters, as authorized under section 6 of Public Law 88–657 (16 U.S.C. 537).”

(a)
removed In general— The Federal Lands Recreation Enhancement Act is amended by inserting after section 805 (16 U.S.C. 6804) the following:

removed “805A. Availability of Federal and State recreation passes

removed “(a) Establishment of program

removed “(1) In general—To improve the procurement of Federal and State outdoor recreation passes, the Secretaries are encouraged to consult with States to coordinate the availability of Federal and State recreation passes in a way that allows a purchaser to buy a Federal recreation pass and a State recreation pass at Federal and State facilities in the same transaction.

removed “(2) Included passes—Passes covered by the program established under paragraph (1) include—

removed “(A) a National Parks and Federal Recreational Lands Pass under section 805; and

removed “(B) a pass that shall cover any fees charged by participating States and localities for entrance and recreational use of parks and public land in the participating States.

removed “(b) Agreements with States

removed “(1) In general—The Secretaries, after consultation with the States, may enter into agreements with States to coordinate the availability of passes as described in subsection (a)(1).

removed “(2) Revenue from pass sales—The agreements between the Secretaries and the States shall ensure that—

removed “(A) funds from the sale of State passes are transferred to the appropriate State agency;

removed “(B) funds from the sale of Federal passes are transferred to the appropriate Federal agency; and

removed “(C) fund transfers are completed by the end of a fiscal year for all pass sales occurring during the fiscal year.

removed “(3) Notice—In entering into an agreement under paragraph (1), the Secretaries shall publish in the Federal Register a notice describing the agreement.”

(b)
removed Conforming amendment— Section 805(a)(9) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(a)(9)) is amended by inserting “and section 805A” before the period at the end.

Sec. 103 Permit across multiple jurisdictions

(a)
changed In general— Section 805(a)(6) In the case of an activity requiring permits pursuant to subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(a)(6)) is amended 6802) for use of lands managed by striking subparagraph (A) both the Forest Service and inserting the following:Bureau of Land Management—
(1)
added the Secretaries may issue a joint permit based upon a single application to both agencies when issuance of a joint permit based upon a single application will lower processing and other administration costs for the permittee, provided that the permit applicant shall have the option to apply for separate permits rather than a joint permit; and
(2)
added the permit application required under paragraph (1) shall be—
(A)
added the application required by the lead agency; and
(B)
added submitted to the lead agency.

removed “(A) In general—The Secretaries shall sell the National Parks and Federal Recreational Lands Pass—

removed “(i) at all Federal recreational lands and waters at which an entrance fee or a standard amenity recreation fee is charged;

removed “(ii) at such other locations as the Secretaries consider appropriate and feasible; and

removed “(iii) through the website of each of the Federal land management agencies and the websites of the relevant units and subunits of those agencies, with—

removed “(I) a prominent link on each website; and

removed “(II) information about where and when passes are needed.”

(b)
changed Entrance pass and amenity fees—Requirements of the lead agency— The Secretaries shall make available for purchase or payment online, if appropriate and feasible, lead agency for each unit where passes and fees are required—a permit under subsection (a) shall—
(1)
changed all entrance fees coordinate with the associated agencies, consistent with the authority of the Secretaries under section 803(e) 330 of the Federal Lands Recreation Enhancement Act (16 Department of the Interior and Related Agencies Appropriations Act, 2001 (43 U.S.C. 6802(e));1703), to develop and issue the single, joint permit that covers the entirety of the trip;
(2)
changed all standard amenity recreation fees under section 803(f) in processing the joint permit application, incorporate the findings, interests, and needs of the associated agencies, provided that Act (16 U.S.C. 6802(f)); such coordination shall not be subject to cost recovery; and
(3)
changed all expanded amenity recreation fees under section 803(g) of that Act (16 U.S.C. 6802(g)).complete the permitting process within a reasonable time after receiving the permit application.
(c)
added Effect on regulations— Nothing in this section shall alter, expand, or limit the applicability of any Federal law (including regulations) to lands administered by the relevant Secretaries.
(d)
added Definitions— In this section:
(1)
added Associated agency— The term “associated agency” means an agency that manages the land on which the trip of the special recreation permit applicant will enter after leaving the land managed by the lead agency.
(2)
added Lead agency— The term “lead agency” means the agency that manages the land on which the trip of the special recreation permit applicant will begin.

Sec. 104 Guidelines and permit fee calculation

added
(a)
added Guidelines and exclusion of certain revenues— The Secretary shall—
(1)
added publish guidelines in the Federal Register for establishing recreation permit fees; and
(2)
added provide appropriate deductions from gross revenues used as the basis for the fees established under paragraph (1) for—
(A)
added revenue from goods, services, and activities provided by a recreation service provider outside Federal recreational lands and waters, such as costs for transportation, lodging, and other services before or after a trip; and
(B)
added fees to be paid by permit holder under applicable law to provide services on other Federal lands, if separate permits are issued to that permit holder for a single event or trip.
(b)
added Fee conditions— The fee charged by the Secretary for a permit issued under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) shall not exceed 3 percent of the recreational service provider’s annual gross revenue for activities authorized by the permit on Federal lands, plus applicable revenue additions, minus applicable revenue exclusions or a similar flat per person fee.
(c)
added Disclosure of fees— A holder of a special recreation permit may inform its customers of the various fees charged by the Secretary under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)).

Sec. 105 Use of permit fees for permit administration

added
(a)
added Deposits— Subject to subsection (b), revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(2) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall be held in special accounts established for each specific unit or area for which such revenues are collected, and shall remain available for expenditure, without further appropriation, until expended.
(b)
added Use of permit fees— Revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(2) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall be used only—
(1)
added to partially offset the Secretary’s direct cost of administering the permits;
(2)
added to improve and streamline the permitting process; and
(3)
added for related recreation infrastructure and other recreation purposes specifically to support recreation activities at the specific site or unit where use is authorized under the permit, after obtaining input from any related permittees; provided, however, that the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to any advisory committee or other group established to carry out this paragraph.
(c)
added Limitation on use of fees— The Secretary may not use any permit fees for biological monitoring on Federal recreational lands and waters under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for listed or candidate species.

Sec. 106 Adjustment to permit use

added
(a)
added In general— To the extent that the Secretary utilizes permit use reviews, in reviewing and adjusting allocations of use for permits for special uses of Federal recreational lands and waters managed by the Forest Service, and in renewing such permits, the Secretary of Agriculture shall allocate to a permit holder a level of use that is no less than the highest amount of actual annual use over the reviewed period plus 25 percent, capped at the amount of use allocated when the permit was issued. If additional capacity is available, the Secretary may at any time, assign such remaining use to qualified service providers, including to any qualified permit holder whose allocation would otherwise be capped at the amount of use allocated when the permit was issued.
(b)
added Waiver— Use reviews under subsection (a) may be waived for periods in which circumstances that prevented use of assigned capacity, such as weather, fire, natural disasters, wildlife displacement, business interruptions, insufficient availability of hunting and fishing licenses, or when allocations on permits include significant shoulder seasons. The Secretary may approve non-use without reducing the number of service days assigned to the permit in such circumstances at the request of the permit holder. Approved non-use may be temporarily assigned to other qualified permit holders when conditions warrant.

Sec. 107 Authorization of temporary permits for new uses for the Forest Service and BLM

added

added Not later than 180 days after the date of the enactment of this Act, the Secretaries shall each establish and implement a program to authorize temporary permits for new recreational uses of Federal recreational lands and waters managed by the Forest Service or the Bureau of Land Management, respectively, and to provide for the conversions of such temporary permits to long-term permits after 2 years of satisfactory operation where appropriate. The issuance and conversion of such permits shall be subject to subsection (h)(3) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802).

Sec. 108 Indemnification requirements

added
(a)
added Indemnification— A permit holder that is prohibited by a State from providing indemnification to the Federal Government shall be considered to be in compliance with indemnification requirements of the Department of the Interior and the Department of Agriculture if the permit holder carries the required minimum amount of liability insurance coverage or is self-insured for the same minimum amount.
(b)
added Exculpatory agreements— The Secretary shall not implement, administer or enforce any regulation or policy prohibiting the use of exculpatory agreements between recreation service providers and their customers for services provided under a special recreation permit.

Sec. 109 Streamlining of permitting process

added
(a)
added Regulations— Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall revise part 251, subpart B, of title 36 Code of Federal Regulations, and the Secretary of the Interior shall revise subpart 2932, of title 43, Code of Federal Regulations, to streamline the processes for the issuance and renewal of outfitter and guide special use permits. Such amended regulations shall—
(1)
added shorten application processing times and minimize application and administration costs; and
(2)
added provide for the use of programmatic environmental assessments and categorical exclusions for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the issuance or renewal of outfitter and guide and similar recreation special use permits, to the maximum extent allowable under applicable law, including, but not limited to, the adoption or incorporation of previously completed analyses under paragraph (3)(A) of subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) for activities that are substantially the same as an activity analyzed in previous environmental impact statement or environmental assessment conducted under similar circumstances.
(b)
added Online applications— To the maximum extent practicable, where feasible and efficient, the Secretary shall make special recreation permit applications available to be filled out and submitted online.

Sec. 110 Cost recovery reform

added
(a)
added Regulatory process— Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall revise section 251.58 of title 36, Code of Federal Regulations, and the Secretary of the Interior shall revise section 2932.31(e) and (f) of title 43, Code of Federal Regulations, to reduce costs and minimize the burden of cost recovery on small businesses and adverse impacts of cost recovery on jobs in the outfitting and guiding industry and on rural economies provided, however, that nothing in the revised regulations shall further limit the Secretary’s authority to issue or renew recreation special use permits.
(b)
added De minimis exemption—
(1)
added Cost recovery limitation— Any regulations issued by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover processing costs for recreation special use applications and monitoring costs for recreation special use authorizations shall include an exemption providing that at least the first 50 hours of work necessary in any one year to process or monitor such an application shall not be subject to cost recovery. The application of a 50-hour credit per permit shall also apply to any monitoring fees on a per annum basis during the term of each permit.
(2)
added Application of exemption— An exemption under paragraph (1) shall apply to the processing of each recreation special use permit application and monitoring of each recreation special use authorization for which cost recovery is required, including any application or authorization requiring more than 50 hours (or such other greater number of hours specified for exemption) to process or monitor. In the event that the amount of work required to process such an application or monitor such an authorization exceeds the specified exemption, the amount of work for which cost recovery is required shall be reduced by the amount of the exemption.
(3)
added Multiple applications— In situations involving multiple recreation special use applications for similar services in the same unit or area that require more than 50 hours (or such other greater number of hours specified for exemption) in the aggregate to process, the Secretary shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest—
(A)
added determine the share of the aggregate amount to be allocated to each application, on an equal or prorated basis, as appropriate; and
(B)
added for each application, apply a separate exemption of up to 50 hours (or such other greater number of hours specified for exemption) to the share allocated to such application.
(4)
added Cost reduction— The agency processing a recreation special use application shall utilize existing studies and analysis to the greatest extent practicable to reduce the amount of work and cost necessary to process the application.
(5)
added Limitation— The Secretary of the Interior and the Secretary of Agriculture may not recover as processing costs for recreation special use applications and monitoring costs for recreation special use authorizations any costs for consultations conducted under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) or for biological monitoring on Federal recreational lands and waters under such Act for listed, proposed, or candidate species.
(6)
added Waiver of cost recovery— The Secretary of the Interior and the Secretary of Agriculture may waive the recovery of costs for processing recreation special use permit applications and renewals, on a categorical or case-by-case basis as appropriate, if the Secretary determines that—
(A)
added such costs would impose a significant economic burden on any small business or category of small businesses;
(B)
added such cost recovery could threaten the ability of an applicant or permittee to provide, in a particular area, a particular outdoor recreational activity that is consistent with the public interest and with applicable resource management plans; or
(C)
added prevailing economic conditions are unfavorable, such as during economic recessions, or when drought, fire, or other natural disasters have depressed economic activity in the area of operation.

Sec. 111 Extension of forest service recreation priority use permits

added

added Where the holder of a special use permit for outfitting and guiding that authorizes priority use has submitted a request for renewal of such permit in accordance with applicable laws and regulations, the Secretary of Agriculture shall have the authority to grant the holder one or more extensions of the existing permit for additional terms not to exceed 5 years in the aggregate, as necessary to allow the Secretary of Agriculture to complete the renewal process and to avoid the interruption of services under such permit. Before granting an extension under this section, the Secretary of Agriculture shall take all reasonable and appropriate steps to complete the renewal process before the expiration of the special use permit.

Sec. 112 Availability of Federal and State recreation passes

added
(a)
added In general— The Federal Lands Recreation Enhancement Act is amended by inserting after section 805 (16 U.S.C. 6804) the following:

added “805A. Availability of Federal and State recreation passes

added “(a) Establishment of program

added “(1) In general—To improve the procurement of Federal and State outdoor recreation passes, the Secretaries are encouraged to consult with States to coordinate the availability of Federal and State recreation passes in a way that allows a purchaser to buy a Federal recreation pass and a State recreation pass at Federal and State facilities in the same transaction.

added “(2) Included passes—Passes covered by the program established under paragraph (1) include—

added “(A) a National Parks and Federal Recreational Lands Pass under section 805; and

added “(B) a pass that shall cover any fees charged by participating States and localities for entrance and recreational use of parks and public land in the participating States.

added “(b) Agreements with States

added “(1) In general—The Secretaries, after consultation with the States, may enter into agreements with States to coordinate the availability of passes as described in subsection (a)(1).

added “(2) Revenue from pass sales—The agreements between the Secretaries and the States shall ensure that—

added “(A) funds from the sale of State passes are transferred to the appropriate State agency;

added “(B) funds from the sale of Federal passes are transferred to the appropriate Federal agency; and

added “(C) fund transfers are completed by the end of a fiscal year for all pass sales occurring during the fiscal year.

added “(3) Notice—In entering into an agreement under paragraph (1), the Secretaries shall publish in the Federal Register a notice describing the agreement.”

(b)
added Conforming amendment— Section 805(a)(9) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(a)(9)) is amended by inserting “and section 805A” before the period at the end.
(c)
added Clerical amendment— The table of contents for the Federal Lands Recreation Enchancement Act (16 U.S.C. 6801, et seq.) is amended by inserting after the item relating to section 805 the following:

Sec. 113 Online purchases of National Parks and Federal recreational lands pass

added
(a)
added In general— Section 805(a)(6) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(a)(6)) is amended by striking subparagraph (A) and inserting the following:

added “(A) In general—The Secretaries shall sell the National Parks and Federal Recreational Lands Pass—

added “(i) at all Federal recreational lands and waters at which an entrance fee or a standard amenity recreation fee is charged where feasible to do so;

added “(ii) at such other locations as the Secretaries consider appropriate and feasible; and

added “(iii) through the website of each of the Federal land management agencies and the websites of the relevant units and subunits of those agencies, with—

added “(I) a prominent link on each website; and

added “(II) information about where and when passes are needed.”

(b)
added Entrance pass and amenity fees— The Secretaries shall make available for purchase or payment online, if appropriate and feasible, for each unit where passes and fees are required—
(1)
added all entrance fees under section 803(e) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(e));
(2)
added all standard amenity recreation fees under section 803(f) of that Act (16 U.S.C. 6802(f)); and
(3)
added all expanded amenity recreation fees under section 803(g) of that Act (16 U.S.C. 6802(g)).

Sec. 301 Extension of seasonal recreation opportunities

(a)
added In general—
(1)
added Extension of Recreational Season— The relevant unit managers of land managed by the Forest Service, the Bureau of Land Management, and the National Park Service may—
(a)
removed In general— The relevant unit managers of land managed by the Forest Service, the Bureau of Land Management, and the National Park Service, through the respective land management planning processes of those agencies, may—
(A)
renumbered was (2)(3) identify areas of Federal recreational land and water in which recreation use is highly seasonal;
(B)
added where appropriate, extend the recreation season or increase recreation use in a sustainable manner during the offseason either through a land management planning process or otherwise; and
(2)
removed where appropriate, develop a management plan for extending the recreation season or increasing recreation use in a sustainable manner during the offseason; and
(C)
renumbered was (2)(5) make information about extended season schedules and related recreational opportunities available to the public and local communities.
(2)
added Clarification— Nothing in this subsection shall preclude the Secretaries from providing for additional recreational opportunities and uses at times other than those referred to in paragraph (1).
(b)
changed Inclusions— The management plan developed An extension under subsection (a)(2) (a)(1) may include—
(1)
the addition of facilities that would increase recreation use during the offseason; and
(2)
improvement of access to the area to extend the season.
(c)
changed Requirement— The management plan developed An extension under subsection (a)(2) (a)(1) shall be compatible with all applicable Federal laws, regulations, and policies, including land use plans.

Sec. 302 Recreation performance metrics

(a)
In general— The Chief of the Forest Service and the Director of the Bureau of Land Management shall evaluate land managers under their jurisdiction based on the achievement of applicable agency recreational and tourism goals as described in applicable land management plans.
(b)
Metrics—
(1)
In general— The metrics used to evaluate recreation and tourism outcomes shall ensure—
(A)
the advancement of recreation and tourism goals; and
(B)
the ability of the land manager to enhance the outdoor experience of the visitor.
(2)
Inclusions— The metrics referred to paragraph (1) may include, to the maximum extent practicable—
(A)
changed the quality extent of visitor experience;positive economic impacts;
(B)
changed the number of first-time visitors;visitation by families;
(C)
removed the number of repeat visitors;
(C)
renumbered was (3)(3)(6) the number of school and youth groups that visited;
(D)
renumbered was (3)(3)(7) the number of available recreational opportunities;
(E)
added the quality of visitor experience;
(F)
the number of recreational and environmental educational programs offered and the success of those programs;
(G)
visitor satisfaction; and
(H)
the maintenance and expansion of existing recreation infrastructure.

Sec. 303 Recreation mission

(a)
changed Definition of Federal agency— In this section, the term Federal agency “Federal agency” means each of—
(1)
the Corps of Engineers;
(2)
the Bureau of Reclamation;
(3)
the Federal Energy Regulatory Commission; and
(4)
the Department of Transportation.
(b)
Mission— With respect to the mission of the Federal agency, each Federal agency shall consider how land and water management decisions can enhance recreation opportunities and the recreation economy.

Sec. 304 National recreation area system

(a)
changed In general—Declaration of policy— Section 701 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 497c) It is amended by adding at the end policy of the following:United States that—
(1)
added certain natural landscapes possess remarkable recreational values and should be managed for—
(A)
added sustainable outdoor recreational uses by the people of the United States;
(B)
added the recreational, social, and health benefits people receive from the landscapes through outdoor recreation; and
(C)
added the specific and meaningful experiences made possible by unique and varied landscapes;
(2)
added the remarkable recreational values described in paragraph (1) may include—
(A)
added areas with unique ecological, geological, hydrological, scenic, cultural, recreational, or historic features or attributes that support high-quality outdoor recreation opportunities and experiences;
(B)
added areas offering outstanding existing or prospective recreation opportunities and uses;
(C)
added areas that play, or have the potential to play, a role in addressing high or unmet demand for recreational opportunities;
(D)
added areas that play an important role in and contribute significantly to the outdoor recreation economy; and
(E)
added areas with high fish and wildlife values; and
(3)
added in addition to land identified as National Recreation Areas, the Secretaries should continue to promote recreation on other Federal land in accordance with applicable land management plans.

removed “(k) Ski Area Fee Retention Account

removed “(1) Definitions—In this subsection:

removed “(A) Account—The term “Account” means the Ski Area Fee Retention Account established under paragraph (2).

removed “(B) Covered unit—The term “covered unit” means an administrative unit of the National Forest System subject to a rental charge under this section.

removed “(C) Rental charge—The term “rental charge” means a permit rental charge that is charged under subsection (a).

removed “(D) Secretary—The term “Secretary” means the Secretary of Agriculture.

removed “(2) Establishment—The Secretary of the Treasury shall establish in the Treasury a special account, to be known as the “Ski Area Fee Retention Account”, into which there shall be deposited—

removed “(A) in the case of a covered unit at which not less than $15,000,000 is collected by the covered unit from rental charges in a fiscal year, an amount equal to 50 percent of the rental charges collected at the covered unit in the fiscal year; or

removed “(B) in the case of any other covered unit, an amount equal to 65 percent of the rental charges collected at the covered unit in a fiscal year.

removed “(3) Availability—Subject to paragraphs (4), (5), and (6), any amounts deposited in the Account under paragraph (2) shall remain available for expenditure, without further appropriation, until expended.

removed “(4) Local distribution of amounts in the Account

removed “(A) In general—Except as provided in subparagraph (B), 100 percent of the amounts deposited in the Account from a specific covered unit shall remain available for expenditure at the covered unit at which the rental charges were collected.

removed “(B) Reduction

removed “(i) In general—Subject to clause (ii), the Secretary may reduce the percentage of amounts available to a covered unit under subparagraph (A) if the Secretary determines that the rental charges collected at the covered unit exceed the reasonable needs of the covered unit for that fiscal year for authorized expenditures described in paragraph (5)(A).

removed “(ii) Limitation—The Secretary may not reduce the percentage of amounts available under clause (i)—

removed “(I) in the case of a covered unit described in paragraph (2)(A), to less than 35 percent of the amount of rental charges deposited in the Account from the covered unit in a fiscal year; or

removed “(II) in the case of any other covered unit, to less than 50 percent of the amount of rental charges deposited in the Account from the covered unit in a fiscal year.

removed “(C) Transfer to other covered units

removed “(i) Distribution—If the Secretary determines that the percentage of amounts otherwise available to a covered unit under subparagraph (A) should be reduced under subparagraph (B), the Secretary may transfer to other covered units, for allocation in accordance with clause (ii), the percentage of the amounts withheld from the covered unit under subparagraph (B), to be expended by the other covered units in accordance with paragraph (5).

removed “(ii) Criteria—In determining the allocation of amounts to be transferred under clause (i) among other covered units, the Secretary shall consider—

removed “(I) the number of proposals for ski area improvements in the other covered units;

removed “(II) any backlog in ski area permit administration or the processing of ski area proposals in the other covered units; and

removed “(III) any need for services, training, or staffing in the other covered units that would improve the administration of the Forest Service Ski Area Program.

removed “(5) Authorized expenditures

removed “(A) In general—Amounts distributed from the Account to a covered unit under this subsection may be used for—

removed “(i) ski area special use permit administration and processing of proposals for ski area improvement projects in the covered unit, including—

removed “(I) upgrades to, or the replacement or installation of, passenger ropeways, including tramways, funiculars, chair lifts, conveyors, and tows;

removed “(II) snowmaking improvements and new or upgraded water facilities;

removed “(III) projects relating to buildings, structures, or other facilities owned by the ski area on National Forest System land;

removed “(IV) trail, service road, or terrain change projects;

removed “(V) additional seasonal or year-round recreational activities and associated facilities and trails in the covered unit, including activities carried out under section 3(c) of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b(c));

removed “(VI) ski area employee housing constructed on the permit area or on nearby National Forest System land;

removed “(VII) land exchanges relating to the ski area, in accordance with Federal laws (including regulations); and

removed “(VIII) any other improvements or facilities to enhance or increase ski area recreational opportunities;

removed “(ii) training programs on processing ski area applications and administering ski area permits; and

removed “(iii) interpretation activities, visitor information, visitor services, and signage in the covered unit to enhance—

removed “(I) the ski area visitor experience on National Forest System land; and

removed “(II) avalanche information and education activities carried out by the Forest Service.

removed “(B) Limitation—Amounts in the Account may not be used for—

removed “(i) the conduct of wildfire suppression or preparedness activities;

removed “(ii) the conduct of biological monitoring on National Forest System land under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for listed species or candidate species, except as required by law for environmental review of ski area projects;

removed “(iii) the acquisition of land for inclusion in the National Forest System; or

removed “(iv) Forest Service administrative sites.

removed “(6) Savings provisions

removed “(A) In general—Nothing in this subsection affects the applicability of section 7 of the Act of April 24, 1950 (commonly known as the “Granger-Thye Act”) (16 U.S.C. 580d), to ski areas on National Forest System land.

removed “(B) Revenue allocation payments—Rental charges deposited in the Account under paragraph (2) shall be considered to be amounts received from the National Forest System for purposes of calculating amounts to be paid under—

removed “(i) the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.);

removed “(ii) the sixth paragraph under the heading “forest service” in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500); and

removed “(iii) chapter 69 of title 31, United States Code.

removed “(C) Supplemental funding—Rental charges retained and expended under this subsection shall supplement (and not supplant) appropriated funding for the operation and maintenance of each covered unit.”

(b)
changed Effective date—Definitions— This section (including the amendments made by this section) shall take effect on the date that is 60 days after the date of enactment of In this Act.section:
(1)
added Natural feature— The term “natural feature” means an ecological, geological, hydrological, scenic, cultural, recreational, or historic feature or attribute of a specific area.
(2)
added Secretary— The term “Secretary” means—
(A)
added the Secretary of the Interior, acting through the Director of the Bureau of Land Management with respect to land administered by the Bureau of Land Management; and
(B)
added the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land.
(3)
added System— The term “System” means the National Recreation Area System established by subsection (c).
(4)
added System unit— The term “System unit” means a System unit designated pursuant to subsection (c).
(c)
changed Implementation—Composition— The Secretary shall not be required to issue regulations or policy guidance There is established a National Recreation Area System, to implement this section (including the amendments made by this section).be comprised of—
(1)
added existing National Recreation Areas described in subsection (g); and
(2)
added new System units designated by Congress on or after the date of enactment of this Act.
(d)
added Administration—
(1)
added In general— Subject to valid existing rights, the Secretary shall manage each System unit in a manner that:
(A)
added prioritizes the sustainable enjoyment and enhancement of the remarkable recreational values and uses of the System unit (including natural features that support the recreation experiences) consistent with subsection (a); and
(B)
added protects the unit for a variety of recreational uses in locations where those uses are appropriate and are conducted in accordance with the applicable land management plan. These uses may include outfitting and guiding and motorized recreation in locations where these activities are consistent with the applicable land management plan and are conducted in accordance with all applicable Federal and State laws and regulations.
(2)
added Grazing— Livestock grazing within System units, where established before the date of the enactment of this Act, shall be permitted if it complies with all applicable laws and regulations.
(3)
added State, tribal, and local involvement— The Secretary shall collaborate with States, political subdivisions of States, affected Indian tribes, adjacent landowners, and the public in the planning and administration of System units.
(4)
added Fish and wildlife—
(A)
added In general— Nothing in this section affects the jurisdiction or responsibilities of a State with respect to fish and wildlife in a System unit in the State.
(B)
added Administration— Hunting and fishing may be allowed on System units if permitted under applicable Federal and State laws (including regulations) and conducted in accordance with the applicable land management plans.
(5)
added Water rights— Nothing in this section affects any valid or vested water right in existence on the date of enactment of this Act.
(6)
added Ski area lands— This section shall not apply to ski area lands, including ski area special use permit boundaries, master development plan boundaries and any acres allocated for resort development in a Forest Plan.
(e)
added Components of national recreation area system—
(1)
added Map; legal description—
(A)
added In general— For System units established on or after the date of enactment of this Act, as soon as practicable after the date of designation of a System unit, the Secretary shall prepare a map and legal description of the System unit.
(B)
added Force of law— The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description.
(C)
added Public availability— The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service.
(2)
added Comprehensive management plan—
(A)
added In general— For System units designated by Congress after the date of enactment of this Act the Secretary with jurisdiction over the System unit shall prepare a comprehensive management plan for the unit that fulfills the requirements of subsection (d)(1) and subparagraph (C) of this paragraph.
(B)
added Timing—
(i)
added In general— The comprehensive management plan described in subparagraph (A) shall be completed as part of the regular land management planning process of the applicable agency for the public land unit on which the System unit is located.
(ii)
added Delay in plan revision— If the planning cycle of the applicable agency does not coincide with the designation of the System unit, the initial plan for the unit shall be completed not later than 3 years after the date of designation of the System unit.
(C)
added Requirements— A comprehensive management plan prepared under subparagraph (A) shall—
(i)
added identify the existing, and to the extent practicable, prospective remarkable recreational values and uses of the System unit;
(ii)
added ensure the System unit is managed to protect and enhance the purposes for which the System unit was established;
(iii)
added ensure the System unit is managed to protect and enhance the resources that make the area suitable for designation under subsection (c)(2) in accordance with subsection (a);
(iv)
added describe the circumstances and locations in which the activities described in subsection (d)(1)(B) and (d)(2) are permitted on the System unit.
(v)
added be coordinated with resource management planning for affected adjacent Federal land;
(vi)
added be prepared—
(I)
added in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), and other applicable laws and regulations; and
(II)
added in collaboration with States, political subdivisions of States, affected Indian tribes, adjacent landowners, and the public; and
(vii)
added designate a sustainable road and trail network, consistent with subsection (a) and the purposes for which the System was established and with all applicable laws and regulations.
(D)
added Review— A comprehensive management plan described in subparagraph (A) shall be regularly reviewed and updated as part of the regular land management planning process of the applicable agency.
(E)
added Management by Secretary— The Secretary shall manage each National Recreation Area in accordance with the management plan for the National Recreation Area in effect at the time of the designation, until the plan is revised or superseded by a new comprehensive management plan issued in accordance with this subsection. If components of the existing plan conflict with the terms of the designation, the Secretary shall revise the plan within two years to make the plan consistent with the designation.
(F)
added Notice— The Secretary shall publish in the Federal Register notice of the completion and availability of a plan prepared under this paragraph.
(f)
added Potential additions to national recreation area system—
(1)
added Eligible area— An area eligible for inclusion in the System is an area that possesses one or more of the remarkable recreational values described in subsection (a)(2).
(2)
added Potential additions— In carrying out the land management planning process, the Secretary shall—
(A)
added identify eligible areas that possess remarkable recreational values described in subsection (a)(2);
(B)
added develop and maintain a list of eligible areas as potential additions to the System;
(C)
added consider input from the Governor of, political subdivisions of, and affected Indian tribes located in, the State in which the eligible areas are located; and
(D)
added transmit to Congress lists of eligible areas for consideration.
(3)
added No effect on management— The Secretary’s actions under paragraph (2) shall not interfere with the current management of the eligible areas, nor shall the fact that such eligible areas may be added to the System be used as justification for more restrictive management, unless and until Congress acts to designate the eligible area.
(g)
added Existing national recreation areas— Each National Recreation Area established before the date of enactment of this Act that is administered by the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary of the Interior, acting through the Director of the Bureau of Land Management shall be—
(1)
added deemed to be a unit of the System; and
(2)
added notwithstanding subsection (d)—
(A)
added administered under the law pertaining to the applicable System unit; and
(B)
added managed in accordance with the purposes set forth in the original designation of the National Recreation Area.
(h)
added Standard fees— In accordance with sections 803 through 808 of the Consolidated Appropriations Act, 2005 (16 U.S.C. 6802-6807), the Secretary may establish a standard amenity fee at each National Recreation Area designated after the date of enactment of this Act that is managed by the Bureau of Land Management or the Forest Service, if—
(1)
added the purpose of the fee is to enhance visitor services and stewardship of the recreation area; and
(2)
added the establishment of a fee is not prohibited by other Federal law.
(i)
added Compliance with existing laws— Nothing in this section modifies any obligation—
(1)
added of the Secretary to prepare or implement a land use plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) or section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604);
(2)
added under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(3)
added under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or
(4)
added under any other applicable law.
(j)
added Applicability of other land management designations— Nothing in this section affects—
(1)
added any other land or water management designation under any other provision of law; or
(2)
added any obligation to comply with a requirement applicable to such a designation.
(k)
added Native American treaty rights— Nothing in this section alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including any off-reservation reserved rights.

Sec. 305 National Recreation Area System

removed
(a)
removed Declaration of policy; effect of section—
(1)
removed Declaration of policy— It is the policy of the United States that—
(A)
removed certain natural landscapes possess remarkable recreational values and should be managed for sustainable outdoor recreational and other benefits for the people of the United States;
(B)
removed the remarkable recreational values described in subparagraph (A) may include—
(i)
removed areas offering existing or prospective recreation opportunities;
(ii)
removed areas that play, or have the potential to play, a role in addressing high or unmet demand for recreational opportunities;
(iii)
removed areas that play an important role in supporting the outdoor recreation economy;
(iv)
removed areas with unique ecological, geological, hydrological, scenic, cultural, or historic features or attributes that accommodate a variety of outdoor recreation activities; and
(v)
removed areas with high fish and wildlife values;
(C)
removed in addition to other uses of Federal land, certain landscapes should be protected and managed primarily for the recreational, social, and health benefits people receive from the landscapes through outdoor recreation, for the specific and meaningful experiences made possible by unique and varied landscapes, and for the contributions those landscapes make in support of the outdoor recreation economy; and
(D)
removed in addition to land identified as National Recreation Areas, the Secretaries should continue to promote recreation on other Federal land in accordance with applicable land management plans.
(2)
removed Effect of section— Nothing in this section diminishes the importance of prioritizing recreation on Federal land located outside of a National Recreation Area.
(b)
removed Definitions— In this section:
(1)
removed Natural feature— The term natural feature means a healthy ecological, geological, hydrological, scenic, cultural, or historic feature or attribute of a specific area.
(2)
removed Secretary— The term Secretary means—
(A)
removed the Secretary of the Interior, acting through the Director of the Bureau of Land Management with respect to land administered by the Bureau of Land Management; and
(B)
removed the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land.
(3)
removed System— The term System means the National Recreation Area System established by subsection (c).
(4)
removed System unit— The term System unit means a System unit designated pursuant to subsection (c).
(c)
removed Composition— There is established a National Recreation Area System, to be comprised of—
(1)
removed existing National Recreation Areas described in subsection (g); and
(2)
removed new System units designated by Congress on or after the date of enactment of this Act.
(d)
removed Administration—
(1)
removed In general— The Secretary shall manage each System unit in a manner that maximizes the protection and enhancement of the remarkable recreational values of the System unit (including natural features that support the recreation experiences) consistent with subsection (a)(1)(C), and provides for enjoyment by current and future generations.
(2)
removed State, tribal, and local involvement— The Secretary shall consult and work, to the maximum extent practicable, with States, political subdivisions of States, affected Indian tribes, adjacent landowners, and the public in the planning and administration of System units.
(3)
removed Fish and wildlife—
(A)
removed In general— Nothing in this section affects the jurisdiction or responsibilities of a State with respect to fish and wildlife in a System unit in the State.
(B)
removed Administration— Hunting, fishing, and motorized recreation (including boating) may be allowed on System units if permitted under applicable Federal and State laws (including regulations) and conducted in accordance with the applicable land management plans.
(4)
removed Water rights— Nothing in this section affects any valid or vested water right in existence on the date of enactment of this Act.
(e)
removed Components of National Recreation Area System—
(1)
removed Map; legal description—
(A)
removed In general— For System units established on or after the date of enactment of this Act, as soon as practicable after the date of designation of a System unit, the Secretary shall prepare a map and legal description of the System unit.
(B)
removed Force of law— The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description.
(C)
removed Public availability— The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service.
(2)
removed Comprehensive management plan—
(A)
removed In general— The Secretaries shall prepare a comprehensive management plan for each System unit within the jurisdiction of the Secretaries that is designated by Congress after the date of enactment of this Act—
(i)
removed to maximize the protection and enjoyment of the remarkable recreational values of the System unit; and
(ii)
removed to protect the natural features of the System unit that support recreation.
(B)
removed Timing—
(i)
removed In general— Except as provided in clause (ii), a comprehensive management plan described in subparagraph (A) shall be completed by not later than 3 years after the date of designation of the System unit, subject to the availability of funds and resources.
(ii)
removed Inadequate funds and resources— If funds and resources are not available in accordance with clause (i), the applicable agency may complete the plan as part of the regular management plan revisions of the agency.
(C)
removed Review— A comprehensive management plan described in subparagraph (A) shall be regularly reviewed and updated as part of the regular land management planning process of the applicable agency.
(D)
removed Management by Secretary— The Secretary shall manage each National Recreation Area in accordance with the management plan for the National Recreation Area in effect at the time of the designation, to the extent the plan is consistent with this Act and the Act designating the National Recreation Area, until the plan is revised or superseded by a new comprehensive management plan issued in accordance with this subsection.
(E)
removed Requirements— A comprehensive management plan prepared under subparagraph (A) shall—
(i)
removed identify the existing, and to the extent practicable, prospective remarkable recreational and other important values of the System unit;
(ii)
removed ensure the System unit is managed to protect and enhance purposes for which the System unit was established;
(iii)
removed ensure the System unit is managed to protect and enhance the resources that make the area suitable for designation under subsection (c)(2) in accordance with subsection (a);
(iv)
removed be coordinated with resource management planning for affected adjacent Federal land;
(v)
removed be prepared—
(I)
removed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), as applicable; and
(II)
removed in consultation with States, political subdivisions of States, affected Indian tribes, adjacent landowners, and the public; and
(vi)
removed designate a sustainable road and trail network, consistent with subsection (a) and the purposes for which the System was established.
(F)
removed Notice— The Secretary shall publish in the Federal Register notice of the completion and availability of a plan prepared under this paragraph.
(f)
removed Potential Additions to National Recreation Area System—
(1)
removed Eligible area— An area eligible for inclusion in the System is an area that possesses one or more of the remarkable recreational values described in subsection (a)(1)(B).
(2)
removed Potential additions— In carrying out the land management planning process, the Secretary shall—
(A)
removed identify eligible areas that possess remarkable recreational values described in subsection (a)(1)(B);
(B)
removed develop and maintain a list of eligible areas as potential additions to the System;
(C)
removed ensure that relevant land management plans support the recreational values of areas identified as potential additions to the System; and
(D)
removed consider input from the Governor of, political subdivisions of, and affected Indian tribes located in, the State in which the eligible areas are located.
(g)
removed Existing National Recreation Areas— Each National Recreation Area that is under the jurisdiction of the Forest Service or the Bureau of Land Management and that was established before the date of enactment of this Act shall be—
(1)
removed deemed to be a unit of the System; and
(2)
removed notwithstanding subsection (d)—
(A)
removed administered under the law pertaining to the applicable System unit; and
(B)
removed managed in accordance with the purposes set forth in the original designation of the National Recreation Area.
(h)
removed Standard fees— In accordance with sections 803 through 808 of the Consolidated Appropriations Act, 2005 (16 U.S.C. 6802–6807), the Secretary may establish a standard amenity fee at each National Recreation Area designated after the date of enactment of this Act that is managed by the Bureau of Land Management or the Forest Service, if—
(1)
removed the purpose of the fee is to enhance visitor services and stewardship of the recreation area; and
(2)
removed the establishment of a fee is not prohibited by other Federal law.
(i)
removed Compliance with existing laws— Nothing in this section modifies any obligation—
(1)
removed of the Secretary to prepare or implement a land use plan in accordance with section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) or section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604);
(2)
removed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(3)
removed under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); or
(4)
removed under any other applicable law.
(j)
removed Applicability of other land management designations— Nothing in this section affects—
(1)
removed any other land or water management designation under any other provision of law; or
(2)
removed any obligation to comply with a requirement applicable to such a designation.
(k)
removed Native American treaty rights— Nothing in this section alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including any off-reservation reserved rights.

Sec. 401 Private-sector volunteer enhancement program

(a)
Purpose— The purpose of this section is to promote private-sector volunteer programs within the Department of the Interior and the Department of Agriculture to enhance stewardship, recreation access, and sustainability of the resources, values, and facilities of the Federal land managed by the Federal land management agencies.
(b)
Definitions— In this section:
(1)
changed Federal land— The term Federal land “Federal land” means any land—
(A)
owned by the United States; and
(B)
managed by the head of a Federal land management agency.
(2)
changed Secretary concerned— The term Secretary concerned “Secretary concerned” means—
(A)
the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and
(B)
the Secretary of the Interior, with respect to land managed by the Bureau of Land Management.
(3)
changed Volunteer— The term volunteer “volunteer” means any individual who performs volunteer services under this section.section and section 204 of the Public Lands Corps Act of 1993, as amended by this Act.
(c)
Establishment— The Secretary concerned shall develop an initiative to further enhance private-sector volunteer programs and to actively promote private-sector volunteer opportunities and provide outreach and coordination to the private sector.
(d)
Cooperative agreements for stewardship of Federal land—
(1)
changed Authority to enter into agreements— The Secretary concerned may enter into cooperative agreements (in accordance with section 6305 of title 31, United States Code) with private agencies, organizations, institutions, corporations, individuals, or other entities to carry out one 1 or more projects or programs with a Federal land management agency in accordance with this section.
(2)
Project and program instructions— The Secretary concerned shall include in the cooperative agreement the desired outcomes of the project or program and the guidelines for the volunteers to follow, including—
(A)
the physical boundaries of the project or program;
(B)
the equipment the volunteers are authorized to use to complete the project or program;
(C)
changed the training the volunteers are required to complete, including agency consideration and incorporation of trainings training offered by qualified nongovernmental organizations and volunteer partner organizations;
(D)
the actions the volunteers are authorized to take to complete the project or program; and
(E)
any other information that the Secretary concerned determines necessary for the volunteer group to complete the project or program.
(3)
Authorized projects and programs— Subject to paragraph (4), the Secretary concerned may use a cooperative agreement to carry out projects and programs for Federal land that—
(A)
promote the stewardship of resources of Federal land by volunteers;
(B)
support maintaining the resources, trails, and facilities on Federal land in a sustainable manner;
(C)
increase awareness, understanding, and stewardship of Federal land through the development, publication, or distribution of educational materials and products; and
(D)
advance education concerning the Federal land and the missions of the Federal land management agencies through the use of the Federal land as outdoor classrooms and development of other educational programs.
(4)
Conditions on use of authority— The Secretary concerned may use a cooperative agreement under paragraph (1) to carry out a project or program for the Federal land only if the project or program—
(A)
complies with all Federal laws (including regulations) and policies;
(B)
is consistent with an applicable management plan for any Federal land and waters involved;
(C)
is monitored by the relevant Federal land management agency during the project and after project completion to determine compliance with the instructions under paragraph (2); and
(D)
satisfies such other terms and conditions as the Secretary concerned determines to be appropriate.

Sec. 501 Short title

added

added This title may be cited as the “21st Century Conservation Service Corps Act”.

Sec. 502 Purposes

added

added Section 202 of the Public Lands Corps Act of 1993 (16 U.S.C. 1721) is amended to read as follows:

added “202. Purposes

added “The purposes of this title are—

added “(1) to engage youth and veterans in the United States in civilian national service positions to conserve, rebuild, and enhance the outdoors, natural resources, infrastructure, and recreation assets of the United States;

added “(2) to increase public access to, and use of, public and tribal land and water, infrastructure, and natural, cultural, and historical resources and treasures, while spurring economic development and outdoor recreation and addressing backlogged maintenance on public land;

added “(3) to conserve, restore, and enhance public and tribal land and water, infrastructure, and natural, cultural, and historical resources and treasures by carrying out high-quality, cost-effective 21st Century Conservation Service Corps projects;

added “(4) to ensure that, in any State or territory of the United States or on any tribal land, the activities and expertise of Corpsmembers will be accessible to any public organization, nonprofit organization, or tribal agency responsible for the stewardship of land and water that is—

added “(A) public;

added “(B) tribal; or

added “(C) private and has a direct or recognized public benefit, in coordination with the owner of the land or water;

added “(5) to place youth and veterans in civilian national service positions to protect, restore, and enhance the great outdoors, natural resources, infrastructure, and recreation assets of the United States in a cost-effective manner without undue duplication or overlap of activities or programs carried out by Federal agencies;

added “(6) to provide youth and veterans placed in civilian national service positions with opportunities to gain in-demand skills, credentials, and education to prepare for, and transition to, success in the 21st century workforce; and

added “(7) to channel widespread interest among youth and veterans in serving in civilian national service positions to help conserve, restore, and enhance public and tribal land and water, infrastructure, and natural, cultural, and historical resources and treasures—

added “(A) for the enjoyment and use of future generations; and

added “(B) to develop the next generation of outdoor stewards, entrepreneurs, recreationists, and sportsmen and sportswomen.”

Sec. 503 Definitions

added
(a)
added In general— Section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722) is amended to read as follows:

added “203. Definitions

added “In this title:

added “(1) 21CSC—The term 21CSC means the 21st Century Conservation Service Corps established by section 204(a).

added “(2) 21CSC organization—The term 21CSC organization means an organization or association that meets the requirements described in section 204(d).

added “(3) 21CSC project—The term 21CSC project means a project that is carried out by a 21CSC organization.

added “(4) Corpsmember—The term Corpsmember means an individual who is selected by a 21CSC organization to serve on a 21CSC project.

added “(5) Indian—The term Indian has the meaning given the term in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511).

added “(6) Indian Youth 21st Century Conservation Service Corps—The term Indian Youth 21st Century Conservation Service Corps means a program of a 21CSC organization that—

added “(A) enrolls participants, the majority of whom are Indians; and

added “(B) is established pursuant to an agreement between a tribal agency and a 21CSC organization for the benefit of the members of the tribal agency.

added “(7) Institution of higher education

added “(A) In general—The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

added “(B) Exclusion—The term institution of higher education does not include an institution outside the United States, as described in section 102(a)(1)(C) of that Act (20 U.S.C. 1002(a)(1)(C)).

added “(8) Participating entity—The term participating entity means a Federal entity described in section 204(c)(2).

added “(9) Priority project—The term priority project means a 21CSC project conducted to further 1 or more of the purposes described in section 202 or in section 2 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501), including by—

added “(A) reducing wildfire risk to a community, municipal water supply, or at-risk land;

added “(B) protecting a watershed;

added “(C) addressing a threat to forest land or rangeland health, including catastrophic wildfire;

added “(D) addressing the impact of insect or disease infestation or any other damaging agent on forest land, water, or rangeland health; or

added “(E) conserving, restoring, or enhancing a forest ecosystem or an ecosystem on public, private, or tribal land—

added “(i) to improve biological diversity; or

added “(ii) to enhance—

added “(I) the productivity of fish and wildlife habitat;

added “(II) the recovery of a species; or

added “(III) carbon sequestration.

added “(10) Resource assistant—The term resource assistant means a resource assistant selected under section 206.

added “(11) State—The term State means—

added “(A) each of the several States of the United States;

added “(B) the District of Columbia;

added “(C) the Commonwealth of Puerto Rico;

added “(D) the United States Virgin Islands;

added “(E) Guam;

added “(F) American Samoa; and

added “(G) the Commonwealth of the Northern Mariana Islands.

added “(12) Tribal agency—The term tribal agency has the meaning given the term “Indian tribe” in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511).

added “(13) Tribal land or water—The term tribal land or water means any real property or water—

added “(A) owned by a tribal agency;

added “(B) held in trust by the United States for an Indian or a tribal agency; or

added “(C) held by an Indian or a tribal agency that is subject to a restriction on alienation imposed by the United States.

added “(14) Veteran—The term veteran has the meaning given the term in section 101 of title 38, United States Code.

added “(15) Youth—The term youth means an individual who is not younger than age 15 and not older than age 30.”

(b)
added Conforming amendment— Section 623(i)(6) of title 40, United States Code, is amended by striking “any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722))” and inserting “any land or water (or interest in land or water) owned by the United States (other than Indian land)”.

Sec. 504 21st Century Conservation Service Corps

added

added Section 204 of the Public Lands Corps Act of 1993 (16 U.S.C. 1723) is amended to read as follows:

added “204. 21st Century Conservation Service Corps

added “(a) Establishment—There is established the 21st Century Conservation Service Corps, to be comprised of 21CSC organizations and Corpsmembers, to carry out, in partnership with participating entities, the purposes of this title.

added “(b) Designation of coordinators—The head of each participating entity, and the head of any bureau or subdivision of each participating entity, shall designate a 21CSC coordinator to coordinate any activity of the 21CSC or a 21CSC project carried out by the participating entity or the bureau or subdivision of the participating entity.

added “(c) Participating entities

added “(1) In general—The 21CSC shall be implemented jointly by the heads of the participating entities, who may support the 21CSC by carrying out the activities described in paragraph (3).

added “(2) List of participating entities—The participating entities shall be—

added “(A) the Department of the Interior;

added “(B) the Department of Agriculture;

added “(C) the Department of Transportation;

added “(D) the Department of Labor;

added “(E) the Department of Energy;

added “(F) the Department of Defense;

added “(G) the Department of Veterans Affairs;

added “(H) the Department of Commerce;

added “(I) the Department of Education;

added “(J) the Department of Housing and Urban Development;

added “(K) the Corporation for National and Community Service;

added “(L) the Office of the Assistant Secretary of the Army for Civil Works;

added “(M) the Federal Emergency Management Agency; and

added “(N) any other Federal agency designated by the President as necessary to carry out a 21CSC project.

added “(3) Support for the 21CSC

added “(A) In general—The head of a participating entity may provide support to the 21CSC by—

added “(i) establishing standards for the 21CSC;

added “(ii) establishing a process for an organization to apply and be approved to become a 21CSC organization;

added “(iii) developing and supporting a public-private partnership referred to in paragraph (5)(A)(i);

added “(iv) using or leveraging existing funds, or acquiring funds and other resources, under section 210 to support 21CSC projects through entering into a cooperative agreement under paragraph (5)(A)(i);

added “(v) leveraging existing resources described in section 210(b) to expand the use of the 21CSC to meet the mission of the participating entity;

added “(vi) using technology to support 21CSC projects; and

added “(vii) collecting performance data on 21CSC projects—

added “(I) to prepare the reports referred to in subparagraph (C)(i)(I); and

added “(II) to demonstrate the impact of the 21CSC projects.

added “(B) Coordination

added “(i) In general—The heads of each of the participating entities shall, to the maximum extent practicable, coordinate with each other or the head of any other Federal agency that is affected by, or carrying out, an activity that is similar to a 21CSC project—

added “(I) to minimize, to the maximum extent practicable, the duplication of any specific project performed by any other participating entity or Federal agency; and

added “(II) to maximize 21CSC project completion in a cost-effective manner by collaborating to leverage existing resources described in section 210(b).

added “(ii) Approval and data collection—The head of each participating entity shall, to the maximum extent practicable, coordinate with each other head of a participating entity—

added “(I) to approve organizations as 21CSC organizations; and

added “(II) to collect the data, when practicable in coordination with a national non-Federal 21CSC organization coordinating entity, referred to in items (aa) through (dd) of subparagraph (C)(i)(I).

added “(iii) Guidance—The head of each participating entity shall, to the maximum extent practicable, seek guidance from—

added “(I) the Corporation for National and Community Service;

added “(II) the Departments of Veterans Affairs and Labor on methods to increase the participation of veterans in 21CSC projects;

added “(III) the Secretary of the Interior, acting through the Assistant Secretary for Indian Affairs, on methods to increase the participation of Indians in 21CSC projects;

added “(IV) the Secretary of Defense on participation for the 21CSC in the Skillbridge program (DoD Instruction 1322.29), and on recruiting generally, to encourage more veteran and transitioning service member engagement in 21CSC projects;

added “(V) the Secretary of Labor and the Secretary of Agriculture on methods to increase rural youth engagement in 21CSC projects;

added “(VI) the Secretary of Labor on methods to increase the creation of apprenticeships through 21CSC organizations, private-sector employer partnerships, and identifying career pathways aligned with 21CSC projects; and

added “(VII) the Secretary of Education on methods to increase the recognition of Corpsmembers’ experience with 21CSC projects as post-secondary credit at higher education institutions.

added “(C) Reporting

added “(i) 21CSC Reports

added “(I) Report to Congress—As soon as practicable after the date of enactment of the 21st Century Conservation Service Corps Act, the Chief Executive Officer of the Corporation for National and Community Service, in coordination with the head of each participating entity, shall submit to Congress a report that includes data, for the year covered by the report, including—

added “(aa) the number of Corpsmembers that carried out 21CSC projects and the length of the term of service for each Corpsmember;

added “(bb) the total amount of funding provided by participating entities for the service of Corpsmembers;

added “(cc) the type of service performed by Corpsmembers and the impact and accomplishments of the service; and

added “(dd) any other similar data determined by the Chief Executive Officer of the Corporation for National and Community Service or the head of a participating entity to be appropriate, including data sufficient to determine the effectiveness of 21CSC organizations in carrying out activities to achieve the purposes of this title in a manner that—

added “(AA) is cost-effective; and

added “(BB) does not unduly duplicate or overlap with any other activity or program carried out by any other Federal agency.

added “(II) Data from participating entities—Not later than 1 year after the date of enactment of the 21st Century Conservation Service Corps Act, and annually thereafter, the head of each participating entity shall submit to the Chief Executive Officer of the Corporation for National and Community Service the data described in items (aa) through (dd) of subclause (I).

added “(III) Data collection—The Chief Executive Officer of the Corporation for National and Community Service may coordinate with individual 21CSC organizations to improve the collection of the required data described in items (aa) through (dd) of subclause (I).

added “(ii) Comptroller General reports

added “(I) In general—The Comptroller General of the United States shall prepare and submit to Congress—

added “(aa) not later than 3 years after the date of submission of the first report under clause (i)(I), an interim report; and

added “(bb) not later than 5 years after the date of submission of the first report under that clause, a final report.

added “(II) Contents—The interim and final reports referred to in subclause (I) shall include—

added “(aa) an assessment, based on the data described in items (aa) through (dd) of clause (i)(I), of the effectiveness of 21CSC organizations in achieving the purposes of this title in a manner that—

added “(AA) is cost-effective; and

added “(BB) does not unduly duplicate or overlap with any other activity or program carried out by any other Federal agency; and

added “(bb) recommendations on how to more effectively manage and carry out 21CSC projects to achieve the purposes of this title in the manner described in item (aa).

added “(III) Additional reports—The Comptroller General of the United States may submit to Congress any additional report that includes the content described in subclause (II), as the Comptroller General determines to be necessary.

added “(4) Gifts and donations—The head of a participating entity may accept, use, or dispose of a contribution that is a gift or donation of money, services, or property to support the development, implementation, and expansion of a 21CSC project, in accordance with applicable law (including regulations).

added “(5) Cooperative agreements with 21CSC organizations

added “(A) In general—The head of each participating entity may—

added “(i) develop a public-private partnership with a 21CSC organization by entering into a cooperative agreement with the 21CSC organization to support and carry out 21CSC projects; and

added “(ii) leverage existing resources described in section 210(b) to support a cooperative agreement.

added “(B) Type of cooperative agreement—A cooperative agreement under this paragraph may—

added “(i) be limited to an agreement for a specific 21CSC project;

added “(ii) be a broad agreement covering multiple planned or future 21CSC projects; or

added “(iii) be an agreement for a 21CSC project to be part of a broader 21CSC initiative carried out in partnership with—

added “(I) the Federal Government;

added “(II) a State government; or

added “(III) a tribal agency.

added “(C) Set share—A cooperative agreement under this paragraph shall include a provision specifying the cost share that the 21CSC organization will provide under section 210(c).

added “(d) 21CSC organizations

added “(1) In general—To be considered and approved as a 21CSC organization, an organization shall, to the maximum extent practicable, demonstrate the ability to meet, and provide assurances that the organization will meet, each requirement described in paragraphs (2) through (6).

added “(2) 21CSC Corpsmembers engaged by 21CSC organizations

added “(A) In general—In addition to meeting the requirement of subparagraph (B), any individual selected by a 21CSC organization to carry out a 21CSC project shall, to the maximum extent practicable, be—

added “(i) a youth, notwithstanding paragraphs (3) and (4) of section 137(a) of the National and Community Service Act of 1990 (42 U.S.C. 12591(a)) in the case of any Corpsmember participating in a 21CSC project supported and carried out by the Corporation for National and Community Service; or

added “(ii) a veteran not older than age 35.

added “(B) Citizenship requirement—Any individual selected as a Corpsmember shall be—

added “(i) a citizen or national of the United States;

added “(ii) a lawful permanent resident of the United States; or

added “(iii) a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau and admitted to the United States as a nonimmigrant under the terms of the applicable Compact of Free Association with the United States.

added “(C) Emphasis on diversity and inclusion—In selecting a Corpsmember, a 21CSC organization shall make deliberate outreach efforts to engage an individual who—

added “(i) lives in the State or region of the 21CSC organization; and

added “(ii) represents a traditionally underserved population, including veterans, Indians, and disadvantaged youth (as defined in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511)).

added “(3) Compensation for participants—A 21CSC organization shall provide compensation to each Corpsmember that includes 1 or more of the following:

added “(A) A wage.

added “(B) A stipend.

added “(C) A living allowance.

added “(D) An educational credit that may be applied towards a program of postsecondary education at an institution of higher education that agrees to award the credit for participation in a 21CSC project.

added “(4) Organization of service for participants

added “(A) In general—In carrying out a 21CSC project, a 21CSC organization shall, to the maximum extent practicable, organize each Corpsmember as—

added “(i) a crew-based participant who—

added “(I) serves together with other crew-based participants; and

added “(II) is directly supervised by a trained and experienced crew-based leader or conservation professional; or

added “(ii) an individual or small team-based participant who serves—

added “(I) individually or in a coordinated small team, as applicable;

added “(II) under the direction of a conservation professional; and

added “(III) on an initiative that requires specific skills and dedicated attention.

added “(B) Veteran and civilian cooperation—A 21CSC organization shall, to the maximum extent practicable, encourage cooperation among veteran and civilian Corpsmembers.

added “(5) 21CSC projects—A 21CSC organization shall carry out a 21CSC project that includes national service, and may be a priority project, involving—

added “(A) the conservation, restoration, and enhancement of—

added “(i) a unit of the National Park System or National Forest System;

added “(ii) public or tribal land or water; or

added “(iii) natural, cultural, or historical resources or treasures;

added “(B) the conservation, restoration, management, and development of the natural resources and infrastructure of the United States, including—

added “(i) removal of invasive species;

added “(ii) wildfire prevention and response;

added “(iii) disaster resiliency, mitigation, response, and recovery;

added “(iv) trail development and maintenance;

added “(v) coastal restoration and resiliency;

added “(vi) historic preservation;

added “(vii) public safety;

added “(viii) energy efficiency and alternative energy;

added “(ix) water infrastructure;

added “(x) construction, repair, rehabilitation, or maintenance of—

added “(I) a road;

added “(II) a campground; or

added “(III) any other recreation or visitor facility or housing structure; and

added “(xi) any other related project that furthers the purposes of this title;

added “(C) the support, development, and enhancement of outdoor recreation or urban green space for the purpose of public access;

added “(D) service that is primarily indoors, such as service in a science, policy, or program internship, with a clear benefit for natural, cultural, or historic resources or treasures, which may include the provision of interpretation and education services to—

added “(i) the public; or

added “(ii) a cooperating association, educational institution, friends group, or similar nonprofit partner organization; and

added “(E) notwithstanding section 132A of the National and Community Service Act of 1990 (42 U.S.C. 12584a), a project described in this paragraph on private land or water in partnership with a private entity if—

added “(i) the project has a direct or recognized public or environmental benefit; or

added “(ii) the funding for the project originated from a governmental entity, regardless of the end payor.

added “(6) 21CSC Corpsmembers—In carrying out a 21CSC project, a 21CSC organization shall provide each Corpsmember with—

added “(A) in-demand skills development, certification and credentials, and education to prepare the Corpsmember for success in transitioning to the 21st century workforce;

added “(B) community skill development to help the Corpsmember—

added “(i) acquire an ethic of service to others and the United States; and

added “(ii) become a more effective natural resource and community steward; and

added “(C) a greater understanding of the natural, cultural, or historic resources or treasures of the United States.

added “(e) Corpsmember compensation and employment standards

added “(1) Corpsmember compensation standard

added “(A) Specific wage rates—A form of compensation provided under subparagraph (A), (B), or (C) of subsection (d)(3) shall be considered to be established at a specific wage rate, in the same manner as the compensation provided for a living allowance under section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594).

added “(B) Compensation for certain Corpsmembers—The compensation provided under subsection (d)(3) to a Corpsmember who is not a participant in a 21CSC project supported by the Corporation for National and Community Service shall not be subject to any provision of (including a regulation under) the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) relating to a wage rate, but shall be considered to be established at a specific wage rate, in the manner described in subparagraph (A).

added “(C) Rule of construction—Nothing in subparagraph (A) applies a specific wage rate for a living allowance that is established under section 140 of the National and Community Service Act of 1990 (42 U.S.C. 12594) to the compensation of a Corpsmember under subsection (d)(3).

added “(2) Corpsmember employment standard

added “(A) In general—Except as provided in subparagraphs (B) and (C), in parity with section 101(30) of the National and Community Service Act of 1990 (42 U.S.C. 12511(30)), a Corpsmember shall be considered to be a participant (as defined in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511)), not an employee, of the 21CSC organization for which the Corpsmember serves.

added “(B) Federal employment provisions—Notwithstanding subparagraph (A), Federal employment provisions shall apply to a Corpsmember to the extent that those provisions apply to a participant or crew leader under section 199M(b) of the National and Community Service Act of 1990 (42 U.S.C. 12655n(b)).

added “(C) Child labor provisions—Notwithstanding subparagraph (A)—

added “(i) the child labor provisions under section 12 of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) (including any order or regulation issued under the authority of such section or section 3(l) of such Act (29 U.S.C. 203(l))) shall apply to a Corpsmember and the 21CSC organization for which the Corpsmember serves in the same manner as such provisions apply to an employee and an employer under such Act; and

added “(ii) a violation of a section specified in clause (i) by a 21CSC organization shall be enforced by the Secretary of Labor in the same manner, and subject to the same penalties under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as a violation by an employer of section 12 of such Act (29 U.S.C. 212).

added “(3) Civil service—An individual may be enrolled as a Corpsmember without regard to the civil service and classification laws, rules, or regulations.”

Sec. 505 21st Century Conservation Service Corps conservation centers and program support

added

added Section 205 of the Public Lands Corps Act of 1993 (16 U.S.C. 1724) is amended—

(1)
added in subsection (a)—
(A)
added by striking “Secretary” each place it appears and inserting “head of a participating entity”; and
(B)
added in paragraph (1)—
(i)
added in subparagraph (A), by striking “Public Lands Corps” and inserting “21CSC”; and
(ii)
added in subparagraph (B), by striking “conservation projects” and inserting “21CSC projects”;
(2)
added in subsection (b)—
(A)
added in the heading, by inserting “, temporary housing, and transportation” after “Logistical support”;
(B)
added in the first sentence—
(i)
added by striking “The Secretary” and inserting the following:

added “(1) Logistical support

added “(A) In general—The head of a participating entity”

(ii)
added by striking “the Corps” and inserting “the 21CSC”;
(C)
added in the second sentence, by striking “Logistical support” and inserting the following:

added “(B) Inclusions—Logistical support provided under subparagraph (A)”

(D)
added by adding at the end the following:

added “(2) Temporary housing—The head of a participating entity may make arrangements with another Federal agency or a State, local government, or private organization to provide temporary housing for Corpsmembers as needed and available.

added “(3) Transportation—The head of a participating entity may provide transportation to and from 21CSC project sites for Corpsmembers that reside in their own homes.”

(3)
added in subsection (c)—
(A)
added by striking “The Secretary” and inserting “The head of a participating entity”; and
(B)
added by striking “the Corps for training or housing Corps participants” and inserting “the 21CSC for training or housing Corpsmembers”; and
(4)
added in subsection (d), by striking “The Secretary” and inserting “The head of a participating entity”.

Sec. 506 Resource assistants

added

added Section 206 of the Public Lands Corps Act of 1993 (16 U.S.C. 1725) is amended—

(1)
added in subsection (a)—
(A)
added in the fourth sentence, by striking “The Secretary” and inserting the following:

added “(4) Preference—The head of a participating entity”

(B)
added in the third sentence, by striking “The Secretary” and inserting the following:

added “(3) Selection—The head of a participating entity”

(C)
added in the second sentence, by striking “To be eligible” and inserting the following:

added “(2) Eligibility—To be eligible”

(D)
added by striking the first sentence and inserting the following:

added “(1) In general—The head of a participating entity may provide individual placements of resource assistants to carry out research or resource protection activities on behalf of the participating entity.”

(2)
added by striking subsection (b) and inserting the following:

added “(b) Preference for the use of 21CSC organizations

added “(1) In general—If the head of a participating entity determines that a 21CSC organization can provide appropriate recruitment and placement services to fulfill the requirements of this section, the head of the participating entity may implement this section through a 21CSC organization.

added “(2) Contribution to expenses—A 21CSC organization providing recruitment and placement services under paragraph (1) shall contribute to the expenses of providing and supporting resource assistants, through 1 or more private sources of funding, at a level equal to 25 percent of the total costs of each participant in the resource assistant program that has been recruited and placed through the 21CSC organization.

added “(3) Annual report—A 21CSC organization providing recruitment and placement services under paragraph (1) shall submit to the head of the applicable participating entity an annual report that evaluates the scope, size, and quality of the resource assistant program carried out by the 21CSC organization, including a description of the value of the work contributed by resource assistants to the mission of the participating entity.”

Sec. 507 Eligibility for noncompetitive hiring status

added

added Section 207 of the Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended to read as follows:

added “207. Eligibility for noncompetitive hiring status

added “(a) Definitions—In this section—

added “(1) the terms land management agency and time-limited appointment have the meanings given those terms in section 9601 of title 5, United States Code; and

added “(2) the term qualified Corpsmember means a Corpsmember who is certified by a corresponding participating entity as having successfully completed 640 hours of service with a 21CSC organization.

added “(b) Hiring

added “(1) In general—Subject to paragraph (2) and subsection (c), a qualified Corpsmember shall be eligible for appointment in the competitive service in the same manner as a Peace Corps volunteer as prescribed in Executive Order 11103 (22 U.S.C. 2504 note; relating to Providing for the Appointment of Former Peace Corps Volunteers to the Civilian Career Services), as amended by Executive Order 12107 (44 Fed. Reg. 1055; relating to the Civil Service Commission and Labor-Management in the Federal Service).

added “(2) Period—A qualified Corpsmember shall be eligible for an appointment under paragraph (1) during the 2-year period beginning on the date on which the Corpsmember completes the 640 hours of service required under subsection (a)(2).

added “(3) Time-limited appointment—For purposes of section 9602 of title 5, United States Code, a qualified Corpsmember hired by a participating entity that is a land management agency for a time-limited appointment shall be considered to be appointed initially under open, competitive examination.

added “(c) Service hours

added “(1) In general—The 640 hours of service required under subsection (a)(2) may include service on 1 or more projects carried out by a Corpsmember with 1 or more participating entities during 1 or more terms of service in a 21CSC organization.

added “(2) Competitive service—To be eligible for noncompetitive hiring status under subsection (b), a Corpsmember shall perform the 640 hours of service required under subsection (a)(2)—

added “(A) carrying out a project on public or tribal land or water; or

added “(B) in service with, or on a project supported in whole or in part by, a participating entity.

added “(3) Priorities—The head of each participating entity is encouraged, to the maximum extent practicable, to identify a sufficient number of 21CSC projects on public or tribal land or water that are aligned with the priorities of the participating entity so as to facilitate the attainment of the 640 hours of service by Corpsmembers required under subsection (a)(2).

added “(4) Tracking hours—Participating entities shall coordinate with 21CSC organizations to identify the most effective and efficient method for tracking and certifying the 640 hours of service required under subsection (a)(2).

added “(d) Guidance—The head of each participating entity, and any subdivision of a participating entity, shall coordinate with the head of each other participating entity, and subdivision of each other participating entity, to implement and issue guidance on eligibility for noncompetitive hiring status under subsection (b) in a uniform manner to—

added “(1) improve the efficiency and use of noncompetitive hiring authority; and

added “(2) minimize inconsistency.”

Sec. 508 National service educational awards

added

added Section 208 of the Public Lands Corps Act of 1993 (16 U.S.C. 1727) is amended—

(1)
added in subsection (a), in the first sentence—
(A)
added by striking “participant in the Public Lands Corps” and inserting “Corpsmember”; and
(B)
added by striking “the participant” and inserting “the Corpsmember”; and
(2)
added in subsection (b)—
(A)
added by striking “either participants in the Corps” and inserting “Corpsmembers”; and
(B)
added by striking “such a participant” and inserting “a Corpsmember”.

Sec. 509 Nondisplacement

added

added Section 209 of the Public Lands Corps Act of 1993 (16 U.S.C. 1728) is amended—

(1)
added by striking “Public Lands Corps” and inserting “21CSC”; and
(2)
added by striking “qualified youth or conservation corps” and inserting “Corpsmember or a 21CSC organization”.

Sec. 510 Funding

added

added Section 210 of the Public Lands Corps Act of 1993 (16 U.S.C. 1729) is amended—

(1)
added by redesignating subsections (a) through (c) as subsections (d) through (f), respectively;
(2)
added by inserting before subsection (d) (as so redesignated) the following:

added “(a) Investments

added “(1) In general—In addition to using the funds described in subsections (b) and (c) to fund 21CSC projects, each 21CSC organization shall leverage those funds by soliciting cash or in-kind contributions from public or private sources.

added “(2) Methods—A 21CSC organization may leverage funds by soliciting contributions using innovative strategies, such as crowd-funding.

added “(b) Existing resources—To fund a 21CSC project, the head of each participating entity shall be limited to using existing funds appropriated or allocated to the participating entity, as of the period of implementation of the 21CSC project, under any law or authority other than this title.

added “(c) Set cost share—A 21CSC organization carrying out a 21CSC project shall provide a cost share of not less than 10 percent of the total cost of the 21CSC project, which may include cash or in-kind contributions from a State, local, or private source.”

(3)
added in subsection (d) (as so redesignated)—
(A)
added in paragraph (1)—
(i)
added in the paragraph heading, by striking “qualified youth or conservation corps” and inserting “corpsmembers or 21CSC organizations”; and
(ii)
added by striking the first and second sentences; and
(B)
added in paragraph (2)—
(i)
added in the paragraph heading, by striking “Public Lands Corps” and inserting “21CSC”;
(ii)
added in the first sentence—
(I)
added by striking “The Secretary is authorized to” and inserting “The head of a participating entity may”;
(II)
added by striking “Public Lands Corps” and inserting “21CSC”; and
(III)
added by striking “the Corps” and inserting “the 21CSC”; and
(iii)
added in the second sentence, by striking “the Corps” and inserting “the 21CSC”;
(4)
added in subsection (e) (as so redesignated), by striking “In order” and all that follows through “the Secretary” and inserting “To carry out the 21CSC or to support resource assistants and Corpsmembers or 21CSC organizations under this title, the head of a participating entity”; and
(5)
added in subsection (f) (as so redesignated)—
(A)
added by striking “section 211” and inserting “section 213”; and
(B)
added by striking “Public Lands Corps” and inserting “21CSC”.

Sec. 511 Indian Youth 21st Century Conservation Service Corps; Rule of construction

added

added The Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.) is amended—

(1)
added by redesignating section 211 as section 213; and
(2)
added by inserting after section 210 the following:

added “211. Indian Youth 21st Century Conservation Service Corps

added “(a) Authorization of cooperative agreements—The head of a participating entity may offer to enter into a cooperative agreement with a tribal agency or a 21CSC organization to establish and administer the Indian Youth 21st Century Conservation Service Corps, which shall carry out 1 or more 21CSC projects on tribal land or water.

added “(b) Guidelines—Not later than 18 months after the date of enactment of the 21st Century Conservation Service Corps Act, the Secretary of the Interior, in consultation with Indian tribes, shall issue guidelines for the management of the Indian Youth 21st Century Conservation Service Corps, in accordance with this Act and any other applicable Federal laws.

added “212. Rule of construction

added “Except where otherwise provided for in this title, the requirements and authorities provided under this title with respect to Corpsmembers, 21CSC organizations, and participating entities with respect to a 21CSC project shall be in addition to any requirement or authority provided under other Federal law with respect to Corpsmembers, 21CSC organizations, and participating entities with respect to the 21CSC project.”

Sec. 512 Direct hire authority

added

added Section 121(a) of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 (16 U.S.C. 1725a(a)), is amended—

(1)
added in paragraph (1)—
(A)
added by striking “Secretary of the Interior” and inserting “head of a participating entity (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)) (referred to in this subsection as a “participating entity”)”; and
(B)
added by striking “in paragraph (1) directly to a position with a land managing agency of the Department of the Interior” and inserting “in paragraph (2) directly to a position with a participating entity”; and
(2)
added in paragraph (2)(A), by striking “land managing agency” and inserting “participating entity”.

Sec. 513 National and community service programs

added
(a)
added Nonprofit capacity building— Section 198S(a)(4) of the National and Community Service Act of 1990 (42 U.S.C. 12653s(a)(4)) is amended by striking “and the District of Columbia” and inserting “the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States”.
(b)
added Compact migrant eligibility— Section 137(a)(5) of the National and Community Service Act of 1990 (42 U.S.C. 12591(a)(5)) is amended to read as follows:

added “(5) is a citizen or national of the United States or lawful permanent resident alien of the United States, or is a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau and admitted to the United States as a nonimmigrant under the terms of the applicable Compact of Free Association with the United States.”

(c)
added Effective date— The amendments made by this section shall apply to any participant in a program under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) selected after the date of enactment of this section.

Sec. 514 Youth conservation corps

added

added Public Law 91–378 (commonly known as the “Youth Conservation Corps Act of 1970”) (16 U.S.C. 1701 et seq.) is amended—

(1)
added in section 102(a) (16 U.S.C. 1702(a)), by—
(A)
added striking “trust territories, or” and inserting “or the”; and
(B)
added inserting “(or who are citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau and admitted to the United States as nonimmigrants under the terms of the applicable Compact of Free Association with the United States),” after “Puerto Rico”; and
(2)
added in section 104 (16 U.S.C. 1704)—
(A)
added in subsection (a), by striking “the Trust Territory of the Pacific Islands, and American Samoa” and inserting “American Samoa, and the Commonwealth of the Northern Mariana Islands”; and
(B)
added in subsection (b)(1)(A), by striking “, possessions, or the Trust Territory of the Pacific Islands” and inserting “or possessions (or the citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau and admitted to the United States as nonimmigrants under the terms of the applicable Compact of Free Association with the United States)”.

Sec. 601 Short title

added

added This title may be cited as the “Every Kid Outdoors Act”.

Sec. 602 Definitions

added

added In this title:

(1)
added Federal lands and waters— The term “Federal lands and waters” means any Federal lands or body of water under the jurisdiction of any Secretary to which the public has access.
(2)
added Program— The term “program” means the Every Kid Outdoors program established under section 603(a).
(3)
added Secretary— The term “Secretary” means—
(A)
added in the case of Federal lands and waters under the jurisdiction of the Department of the Interior, the Secretary of the Interior, acting through, as relevant—
(i)
added the Director of the National Park Service;
(ii)
added the Director of the United States Fish and Wildlife Service;
(iii)
added the Director of the Bureau of Land Management; and
(iv)
added the Commissioner of Reclamation;
(B)
added in the case of Federal lands and waters under the jurisdiction of the U.S. Forest Service, the Secretary of Agriculture, acting through the Chief of the U.S. Forest Service;
(C)
added in the case of Federal lands and waters under the jurisdiction of the National Oceanic and Atmospheric Administration, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; and
(D)
added in the case of Federal lands and waters under the jurisdiction of the U.S. Army Corps of Engineers, the Secretary of the Army, acting through the Chief of Engineers of the U.S. Army Corps of Engineers.
(4)
added Student or students— The term “student” or “students” means any fourth grader or home-schooled learner 10 years of age residing in the United States, including any territory or possession of the United States.

Sec. 603 Every kid outdoors program

added
(a)
added Establishment— Each Secretary shall establish a program, to be known as the “Every Kid Outdoors Program”, that will provide free access to students and certain accompanying individuals, in accordance with this section, to those Federal lands and waters for which access is subject to an entrance, standard amenity, or day use fee.
(b)
added Annual passes—
(1)
added In general— At the request of a student, the Secretary shall issue a pass to the student, which allows access to Federal lands and waters for which access is subject to an entrance, standard amenity, or day use fee, free of charge for the student and—
(A)
added in the case of a per-vehicle fee area—
(i)
added any passengers accompanying the student in a private, noncommercial vehicle; or
(ii)
added not more than 3 adults accompanying the student on bicycles; or
(B)
added in the case of a per-person fee area, not more than 3 adults accompanying the student.
(2)
added Term— A pass described in this subsection shall be effective during the period beginning on September 1 and ending on August 31 of the following year.
(3)
added Presence of student required— A pass described in this subsection shall be effective only if the student to which the pass was issued is present at the point of entry to the applicable Federal lands or waters.
(c)
added Other activities— In carrying out the program, each Secretary—
(1)
added may collaborate with State and territorial park systems that opt to implement a complementary Every Kid Outdoors State or Territory Park pass;
(2)
added may coordinate with the Secretary of Education to implement the program;
(3)
added shall maintain a publicly available website with information about the program;
(4)
added may provide visitor services for the program; and
(5)
added may support approved partners of the Federal land and waters by providing the partners with opportunities to participate in the program.
(d)
added Reports— The Secretary of the Interior, in coordination with each Secretary, shall prepare a comprehensive report to Congress each year describing—
(1)
added the implementation of the program;
(2)
added the number and geographical distribution of students who participated in the program; and
(3)
added the number of passes described in subsection (b)(1) that were distributed.
(e)
added Sunset— The authorities provided in this title, including the reporting requirement, shall expire on the date that is seven years after the date of enactment of this title.