US Codex
Pub. L.
Notes

Title III — Simplifying Outdoor Access for Recreation

118th Congress · Approved Jan 4, 2025 · 138 Stat. 2836 · Lineage

TITLE III Simplifying Outdoor Access for Recreation

SEC. 301. Definitions.

In this title:
(1)
Commercial use authorization.— The term “commercial use authorization” means a commercial use authorization to provide services to visitors to units of the National Park System under subchapter II of chapter 1019 of title 54, United States Code.
(2)
Multijurisdictional trip.— The term “multijurisdictional trip” means a trip that—
(A)
uses 2 or more units of Federal recreational lands and waters; and
(B)
is under the jurisdiction of 2 or more Federal land management agencies.
(3)
Recreation service provider.— The term “recreation service provider” has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by section 311).
(4)
Special recreation permit.— The term “special recreation permit” has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by section 311).
(5)
Visitor-use day.— The term “visitor-use day” means a visitor-use day, user day, launch, or other metric used by the Secretary concerned for purposes of authorizing use under a special recreation permit.

Subtitle A Modernizing Recreation Permitting

SEC. 311. Special Recreation Permit and Fee.

(a)
Definitions.— Section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) is amended—
(1)
in the matter preceding paragraph (1), by striking “ this Act” and inserting “ this title”;
(2)
in paragraph (1), by striking “ section 3(f)” and inserting “ section 803(f)”;
(3)
in paragraph (2), by striking “ section 3(g)” and inserting “ section 803(g)”;
(4)
in paragraph (6), by striking “ section 5” and inserting “ section 805”;
(5)
in paragraph (9), by striking “ section 5” and inserting “ section 805”;
(6)
in paragraph (12), by striking “ section 7” and inserting “ section 807”;
(7)
in paragraph (13), by striking “ section 3(h)” and inserting “ section 803(h)(2)”;
(8)
by redesignating paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), and (13) as paragraphs (15), (1), (3), (4), (5), (6), (7), (8), (11), (10), and (14), respectively, and arranging the paragraphs (as so redesignated) to appear in numerical order;
(9)
by inserting after paragraph (8) (as so redesignated) the following:

“(9) Recreation service provider.—The term ‘recreation service provider’ means a person that provides recreational services to the public under a special recreation permit under clause (iii) or (iv) of paragraph (13)(A).”

(10)
by inserting after paragraph (12) the following:

“(13) Special recreation permit.—

“(A) In general.—The term ‘special recreation permit’ means a permit issued by a Federal land management agency for the use of Federal recreational lands and waters—

“(i) for a specialized recreational use not described in clause (ii), (iii), or (iv), such as—

“(I) an organizational camp;

“(II) a single event that does not require an entry or participation fee that is not strictly a sharing of expenses for the purposes of the event; and

“(III) participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated;

“(ii) for a large-group activity or event of 75 participants or more;

“(iii) for—

“(I) at the discretion of the Secretary, a single organized group recreation activity or event (including an activity or event in which motorized recreational vehicles are used or in which outfitting and guiding services are used) that—

“(aa) is a structured or scheduled event or activity;

“(bb) is not competitive and is for fewer than 75 participants;

“(cc) may charge an entry or participation fee;

“(dd) involves fewer than 200 visitor-use days; and

“(ee) is undertaken or provided by the recreation service provider at the same site not more frequently than 3 times a year;

“(II) a single competitive event; or

“(III) at the discretion of the Secretary, a recurring organized group recreation activity (including an outfitting and guiding activity) that—

“(aa) is a structured or scheduled activity;

“(bb) is not competitive;

“(cc) may charge a participation fee;

“(dd) occurs in a group size of fewer than 7 participants;

“(ee) involves fewer than 40 visitor-use days; and

“(ff) is undertaken or provided by the recreation service provider for a term of not more than 180 days; or

“(iv) for—

“(I) a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, the authorization for which is for a term of not more than 10 years; or

“(II) a recurring outfitting, guiding, or, at the discretion of the Secretary, other recreation service, that occurs under a temporary special recreation permit authorized under section 316 of the EXPLORE Act.

“(B) Exclusions.—The term ‘special recreation permit’ does not include—

“(i) a concession contract for the provision of accommodations, facilities, or services;

“(ii) a commercial use authorization issued under section 101925 of title 54, United States Code; or

“(iii) any other type of permit, including a special use permit administered by the National Park Service.”

; and

(11)
by inserting at the end the following:

“(16) State.—The term ‘State’ means each of the several States, the District of Columbia, and each territory of the United States.”

(b)
Special Recreation Permits and Fees.— Section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended—
(1)
by striking “ this Act” each place it appears and inserting “ this title”;
(2)
in subsection (b)(5), by striking “ section 4(d)” and inserting “ section 804(d)”; and
(3)
by striking subsection (h) and inserting the following:

“(h) Special Recreation Permits and Fees.—

“(1) Special recreation permits.—

“(A) Applications.—The Secretary—

“(i) may develop and make available to the public an application to obtain a special recreation permit described in clause (i) of section 802(13)(A); and

“(ii) shall develop and make available to the public an application to obtain a special recreation permit described in each of clauses (ii) through (iv) of section 802(13)(A).

“(B) Issuance of permits.—On review of a completed application developed under subparagraph (A), as applicable, and a determination by the Secretary that the applicant is eligible for the special recreation permit, the Secretary may issue to the applicant a special recreation permit, subject to any terms and conditions that are determined to be necessary by the Secretary.

“(C) Incidental sales.—A special recreation permit issued under this paragraph may include an authorization for sales that are incidental in nature to the permitted use of the Federal recreational lands and waters, except where otherwise prohibited by law.

“(2) Special recreation permit fees.—

“(A) In general.—The Secretary may charge a special recreation permit fee for the issuance of a special recreation permit in accordance with this paragraph.

“(B) Predetermined special recreation permit fees.—

“(i) In general.—For purposes of subparagraphs (D) and (E) of this paragraph, the Secretary shall establish and may charge a predetermined fee, described in clause (ii) of this subparagraph, for a special recreation permit described in clause (iii) or (iv) of section 802(13)(A) for a specific type of use on a unit of Federal recreational lands and waters, consistent with the criteria set forth in clause (iii) of this subparagraph.

“(ii) Type of fee.—A predetermined fee described in clause (i) shall be—

“(I) a fixed fee that is assessed per special recreation permit, including a fee with an associated size limitation or other criteria as determined to be appropriate by the Secretary; or

“(II) an amount assessed per visitor-use day.

“(iii) Criteria.—A predetermined fee under clause (i) shall—

“(I) have been established before the date of the enactment of the EXPLORE Act;

“(II) be established after the date of the enactment of the EXPLORE Act, in accordance with subsection (b);

“(III)

(aa) be established after the date of the enactment of the EXPLORE Act; and

“(bb) be comparable to an amount described in subparagraph (D)(ii) or (E)(ii), as applicable; or

“(IV) beginning on the date that is 2 years after the date of the enactment of the EXPLORE Act, be $6 per visitor-use day in instances in which the Secretary has not established a predetermined fee under subclause (I), (II), or (III).

“(C) Calculation of fees for specialized recreational uses and large-group activities or events.—The Secretary may, at the discretion of the Secretary, establish and charge a fee for a special recreation permit described in clause (i) or (ii) of section 802(13)(A).

“(D) Calculation of fees for single organized group recreation activities or events, competitive events, and certain recurring organized group recreation activities.—If the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iii), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider—

“(i) the applicable predetermined fee established under subparagraph (B); or

“(ii) an amount equal to a percentage of, to be determined by the Secretary, but to not to exceed 5 percent of, adjusted gross receipts calculated under subparagraph (F).

“(E) Calculation of fees for temporary permits and long-term permits.—Subject to subparagraph (G), if the Secretary elects to charge a fee for a special recreation permit described in section 802(13)(A)(iv), the Secretary shall charge the recreation service provider, based on the election of the recreation service provider—

“(i) the applicable predetermined fee established under subparagraph (B); or

“(ii) an amount equal to a percentage of, to be determined by the Secretary, but not to exceed 3 percent of, adjusted gross receipts calculated under subparagraph (F).

“(F) Adjusted gross receipts.—For the purposes of subparagraphs (D)(ii) and (E)(ii), the Secretary shall calculate the adjusted gross receipts collected for each trip or event authorized under a special recreation permit, using either of the following calculations, based on the election of the recreation service provider:

“(i) The sum of—

“(I) the product obtained by multiplying—

“(aa) the general amount paid by participants of the trip or event to the recreation service provider for the applicable trip or event (excluding amounts related to goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider); and

“(bb) the quotient obtained by dividing—

“(AA) the number of days of the trip or event that occurred on Federal recreational lands and waters covered by the special recreation permit, rounded to the nearest whole day; by

“(BB) the total number of days of the trip or event; and

“(II) the amount of any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit.

“(ii) The difference between—

“(I) the total cost paid by the participants of the trip or event for the trip or event to the recreation service provider, including any additional revenue received by the recreation service provider for an add-on activity or an optional excursion that occurred on the Federal recreational lands and waters covered by the special recreation permit; and

“(II) the sum of—

“(aa) the amount of any revenues from goods, souvenirs, merchandise, gear, and additional food provided or sold by the recreation service provider to the participants of the applicable trip or event;

“(bb) the amount of any costs or revenues from services and activities provided or sold by the recreation service provider to the participants of the trip or event that occurred in a location other than the Federal recreational lands and waters covered by the special recreation permit (including costs for travel and lodging outside the Federal recreational lands and waters covered by the special recreation permit); and

“(cc) the amount of any revenues from any service provided by a recreation service provider for an activity on Federal recreational lands and waters that is not covered by the special recreation permit.

“(G) Exception.—Notwithstanding subparagraph (E), the Secretary may charge a recreation service provider a minimum annual fee for a special recreation permit described in section 802(13)(A)(iv).

“(H) Savings clauses.—

“(i) Effect.—Nothing in this paragraph affects any fee for—

“(I) a concession contract administered by the National Park Service or the United States Fish and Wildlife Service for the provision of accommodations, facilities, or services; or

“(II) a commercial use authorization or special use permit for use of Federal recreational lands and waters managed by the National Park Service.

“(ii) Cost recovery.—Nothing in this paragraph affects the ability of the Secretary to recover any administrative costs under section 320 of the EXPLORE Act.

“(iii) Special recreation permit fees and other recreation fees.—The collection of a special recreation permit fee under this paragraph shall not affect the authority of the Secretary to collect an entrance fee, a standard amenity recreation fee, or an expanded amenity recreation fee authorized under subsections (e), (f), and (g).

“(i) Disclosure of Recreation Fees and Use of Recreation Fees.—

“(1) Notice of entrance fees, standard amenity recreation fees, expanded amenity recreation fees, and available recreation passes.—

“(A) In general.—The Secretary shall post clear notice of any entrance fee, standard amenity recreation fee, expanded amenity recreation fee, and available recreation passes—

“(i) at appropriate locations in each unit or area of Federal recreational land and waters at which an entrance fee, standard amenity recreation fee, or expanded amenity recreation fee is charged; and

“(ii) on the appropriate website for such unit or area.

“(B) Publications.—The Secretary shall include in publications distributed at a unit or area or described in subparagraph (A) the notice described in that subparagraph.

“(2) Notice of uses of recreation fees.—Beginning on January 1, 2026, the Secretary shall annually post, at the location at which a recreation fee described in paragraph (1)(A) is collected, clear notice of—

“(A) the total recreation fees collected during each of the 2 preceding fiscal years at the respective unit or area of the Federal land management agency; and

“(B) each use during the preceding fiscal year of the applicable recreation fee or recreation pass revenues collected under this section.

“(3) Notice of recreation fee projects.—To the extent practicable, the Secretary shall post clear notice at the location at which work is performed using recreation fee and recreation pass revenues collected under this section.

“(4) Centralized reporting on agency websites.—

“(A) In general.—Not later than January 1, 2025, and not later than 60 days after the beginning of each fiscal year thereafter, the Secretary shall post on the website of the applicable Federal land management agency a searchable list of each use during the preceding fiscal year of the recreation fee or recreation pass revenues collected under this section.

“(B) List components.—The list required under subparagraph (A) shall include, with respect to each use described in that subparagraph—

“(i) a title and description of the overall project;

“(ii) a title and description for each component of the project;

“(iii) the location of the project; and

“(iv) the amount obligated for the project.

“(5) Notice to customers.—A recreation service provider may inform a customer of the recreation service provider of any fee charged by the Secretary under this section.”

(c)
Conforming Amendment.— Section 804 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6803) is amended by striking subsection (e).
(d)
Use of Special Recreation Permit Revenue.— Section 808 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6807) is amended—
(1)
by striking “ this Act” each place it appears and inserting “ this title”;
(2)
in subsection (a)(3)—
(A)
in subparagraph (E), by striking “ and” at the end;
(B)
in subparagraph (F), by striking “ 6(a) or a visitor reservation service.” and inserting “ 806(a) or a visitor reservation service;”; and
(C)
by adding at the end the following:

“(G) the processing of special recreation permit applications and administration of special recreation permits; and

“(H) the improvement of the operation of the special recreation permit program under section 803(h).”

; and

(3)
in subsection (d)—
(A)
in paragraph (1), by striking “ section 5(a)(7)” and inserting “ section 805(a)(7)”; and
(B)
in paragraph (2), by striking “ section 5(d)” and inserting “ section 805(d)”.
(e)
Reauthorization.— Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended by striking “ 2019” and inserting “ 2031”.

SEC. 312. Permitting Process Improvements.

(a)
In General.— To simplify the process of the issuance and or reissuance of special recreation permits and reduce the cost of administering special recreation permits under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title), the Secretaries shall each—
(1)
during the period beginning on January 1, 2021, and ending on January 1, 2025—
(A)
evaluate the process for issuing special recreation permits; and
(B)
based on the evaluation under subparagraph (A), identify opportunities to—
(i)
eliminate duplicative processes with respect to issuing special recreation permits;
(ii)
reduce costs for the issuance of special recreation permits;
(iii)
decrease processing times for special recreation permits; and
(iv)
issue simplified special recreation permits, including special recreation permits for an organized group recreation activity or event under subsection (e); and
(2)
not later than 1 year after the date on which the Secretaries complete their respective evaluation and identification processes under paragraph (1), revise, as necessary, relevant agency regulations and guidance documents, including regulations and guidance documents relating to the environmental review process, for special recreation permits to implement the improvements identified under paragraph (1)(B).
(b)
Environmental Reviews.—
(1)
In general.— The Secretary concerned shall, to the maximum extent practicable, utilize available tools, including tiering to existing programmatic reviews, as appropriate, to facilitate an effective and efficient environmental review process for activities undertaken by the Secretary concerned relating to the issuance of special recreation permits.
(2)
Categorical exclusions.— Not later than 2 years after the date of the enactment of this title, the Secretary concerned shall—
(A)
evaluate whether existing categorical exclusions available to the Secretary concerned on the date of the enactment of this title are consistent with the provisions of this title;
(B)
evaluate whether a modification of an existing categorical exclusion or the establishment of 1 or more new categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary to undertake an activity described in paragraph (1) in a manner consistent with the authorities and requirements in this title; and
(C)
revise relevant agency regulations and policy statements and guidance documents, as necessary, to modify existing categorical exclusions or incorporate new categorical exclusions based on evaluations conducted under this paragraph.
(c)
Needs Assessments.— Except as required under subsection (c) or (d) of section 4 of the Wilderness Act (16 U.S.C. 1133), the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title).
(d)
Online Applications.— Not later than 3 years after the date of the enactment of this title, the Secretaries shall make the application for a special recreation permit under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title), including a reissuance of a special recreation permit under that section, available for completion and submission—
(1)
online;
(2)
by mail or electronic mail; and
(3)
in person at the field office for the applicable Federal recreational lands and waters.
(e)
Special Recreation Permits for an Organized Group Recreation Activity or Event.—
(1)
Definitions.— In this subsection:
(A)
Special recreation permit for an organized group recreation activity or event.— The term “special recreation permit for an organized group recreation activity or event” means a special recreation permit described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this title).
(B)
Youth group.— The term “youth group” means a recreation service provider that predominantly serves individuals not older than 25 years of age.
(2)
Exemption from certain allocations of use.— If the Secretary concerned allocates visitor-use days available for an area or activity on Federal recreational lands and waters among recreation service providers that hold a permit described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this title), a special recreation permit for an organized group recreation activity or event shall not be subject to that allocation of visitor-use days.
(3)
Issuance.— In accordance with paragraphs (5) and (6), if use by the general public is not subject to a limited entry permit system and if capacity is available for the times or days in which the proposed activity or event would be undertaken, on request of a recreation service provider (including a youth group) to conduct an organized group recreation activity or event described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this title), the Secretary concerned—
(A)
shall make a nominal effects determination to determine whether the proposed activity or event would have more than nominal effects on Federal recreational lands and waters, resources, and programs; and
(B)
(i)
shall not require a recreation service provider (including a youth group) to obtain a special recreation permit for an organized group recreation activity or event if the Secretary concerned determines—
(I)
the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and
(II)
establishing additional terms and conditions for the proposed activity or event is not necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs;
(ii)
in the case of an organized group recreation activity or event described in section 802(13)(A)(iii)(I) of that Act, may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions as are determined to be appropriate by the Secretary concerned, if the Secretary concerned determines—
(I)
the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and
(II)
establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs;
(iii)
in the case of an organized group recreation activity or event described in section 802(13)(A)(iii)(III) of that Act, shall issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to such terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines—
(I)
the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters, resources, and programs; and
(II)
establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; and
(iv)
may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines—
(I)
the proposed activity or event to be undertaken may have more than nominal effects on Federal recreational lands and waters, resources, and programs; and
(II)
establishing additional terms and conditions for the proposed activity or event would be necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs.
(4)
Fees.— The Secretary concerned may elect not to charge a fee to a recreation service provider (including a youth group) for a special recreation permit for an organized group recreation activity or event.
(5)
Savings clause.— Nothing in this subsection prevents the Secretary concerned from limiting or abating the allowance of a proposed activity or event under paragraph (3)(B)(i) or the issuance of a special recreation permit for an organized group recreation activity or event, based on resource conditions, administrative burdens, or safety issues.
(6)
Qualifications.— A special recreation permit for an organized group recreation activity or event issued under paragraph (3) shall be subject to the health and safety standards required by the Secretary concerned for a permit issued under paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this title).

SEC. 313. Permit Flexibility.

(a)
In General.— The Secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title), to engage in another recreational activity under the special recreation permit that is substantially similar to the specific activity authorized under the special recreation permit.
(b)
Criteria.— For the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the recreational activity—
(1)
is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit;
(2)
does not result in a greater impact on natural and cultural resources than the impact of the authorized activity;
(3)
does not adversely affect—
(A)
any other holder of a special recreation permit or other permit; or
(B)
any other authorized use of the Federal recreational lands and waters; and
(4)
is consistent with—
(A)
any applicable laws (including regulations); and
(B)
the land management plan, resource management plan, or equivalent plan applicable to the Federal recreational lands and waters.
(c)
Surrender of Unused Visitor-Use Days.—
(1)
In general.— A recreation service provider holding a special recreation permit described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this title) may—
(A)
notify the Secretary concerned of an inability to use visitor-use days annually allocated to the recreation service provider under the special recreation permit; and
(B)
surrender to the Secretary concerned the unused visitor-use days for the applicable year for temporary reassignment under section 318(b).
(2)
Determination.— To ensure a recreation service provider described in paragraph (1) is able to make an informed decision before surrendering any unused visitor-use day under paragraph (1)(B), the Secretary concerned shall, on the request of the applicable recreation service provider, determine and notify the recreation service provider whether the unused visitor-use day meets the requirement described in section 317(b)(3)(B) before the recreation service provider surrenders the unused visitor-use day.
(d)
Effect.— Nothing in this section affects any authority of, regulation issued by, or decision of the Secretary concerned relating to the use of electric bicycles on Federal recreational lands and waters under any other Federal law.

SEC. 314. Permit Administration.

(a)
Permit Availability.—
(1)
Notifications of permit availability.—
(A)
In general.— Except as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary concerned determines that visitor-use days are available for allocation to recreation service providers or holders of a commercial use authorization for outfitting and guiding, the Secretary concerned shall publish that information on the website of the agency that administers the applicable area of Federal recreational lands and waters.
(B)
Effect.— Nothing in this paragraph—
(i)
applies to—
(I)
the reissuance of an existing special recreation permit or commercial use authorization for outfitting and guiding; or
(II)
the issuance of a new special recreation permit or new commercial use authorization for outfitting and guiding issued to the purchaser of—
(aa)
a recreation service provider that is the holder of an existing special recreation permit; or
(bb)
a holder of an existing commercial use authorization for outfitting and guiding; or
(ii)
creates a prerequisite to the issuance of a special recreation permit or commercial use authorization for outfitting and guiding or otherwise limits the authority of the Secretary concerned—
(I)
to issue a new special recreation permit or new commercial use authorization for outfitting and guiding; or
(II)
to add a new or additional use to an existing special recreation permit or an existing commercial use authorization for outfitting and guiding.
(2)
Updates.— The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public.
(3)
Electronic mail notifications.— The Secretary concerned shall establish a system by which potential applicants for special recreation permits or commercial use authorizations for outfitting and guiding may subscribe to receive notification by electronic mail of the availability of special recreation permits under section 803(h)(1) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title) or commercial use authorizations for outfitting and guiding.
(b)
Permit Application or Proposal Acknowledgment.— Not later than 60 days after the date on which the Secretary concerned receives a completed application or a complete proposal for a special recreation permit under section 803(h)(1) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title), the Secretary concerned shall—
(1)
provide to the applicant notice acknowledging receipt of the application or proposal; and
(2)
(A)
issue a final decision with respect to the application or proposal; or
(B)
provide to the applicant notice of a projected date for a final decision on the application or proposal.
(c)
Effect.— Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.

SEC. 315. Service First Initiative; Permits for Multijurisdictional Trips.

(a)
Repeal.— Section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), is repealed.
(b)
Cooperative Action and Sharing of Resources by the Secretaries of the Interior and Agriculture.—
(1)
In general.— For fiscal year 2024, and each fiscal year thereafter, the Secretaries may carry out an initiative, to be known as the “Service First Initiative”, under which the Secretaries, or Federal land management agencies within their departments, may—
(A)
establish programs to conduct projects, planning, permitting, leasing, contracting, and other activities, either jointly or on behalf of one another;
(B)
co-locate in Federal offices and facilities leased by an agency of the Department of the Interior or the Department of Agriculture; and
(C)
issue rules to test the feasibility of issuing unified permits, applications, and leases, subject to the limitations in this section.
(2)
Delegations of authority.— The Secretaries may make reciprocal delegations of the respective authorities, duties, and responsibilities of the Secretaries in support of the Service First Initiative agency-wide to promote customer service and efficiency.
(3)
Effect.— Nothing in this section alters, expands, or limits the applicability of any law (including regulations) to land administered by the Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or the Forest Service or matters under the jurisdiction of any other bureaus or offices of the Department of the Interior or the Department of Agriculture, as applicable.
(4)
Transfers of funding.— Subject to the availability of appropriations and to facilitate the sharing of resources under the Service First Initiative, the Secretaries are authorized to mutually transfer funds between, or reimburse amounts expended from, appropriate accounts of either Department on an annual basis, including transfers and reimbursements for multiyear projects, except that this authority may not be used in a manner that circumvents requirements or limitations imposed on the use of any of the funds so transferred or reimbursed.
(5)
Report.— The Secretaries shall submit an annual report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate describing the activities undertaken as part of the Service First Initiative in the prior year.
(c)
Pilot Program for Special Recreation Permits for Multijurisdictional Trips.—
(1)
In general.— Not later than 2 years after the date of the enactment of this title, the Secretaries shall establish a pilot program to offer to a person seeking an authorization for a multijurisdictional trip a set of separate special recreation permits or commercial use authorizations that authorizes the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs, subject to the authorities that apply to the applicable unit of Federal recreational lands and waters.
(2)
Minimum number of permits.— Not later than 4 years after the date of the enactment of this title, the Secretaries shall issue not fewer than 10 sets of separate special recreation permits described in paragraph (13)(A)(iv) of section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this title) or commercial use authorizations under the pilot program established under paragraph (1).
(3)
Lead agencies.— In carrying out the pilot program established under paragraph (1), the Secretaries shall—
(A)
designate a lead agency for issuing and administering a set of separate special recreation permits or commercial use authorizations; and
(B)
select not fewer than 4 offices at which a person shall be able to apply for a set of separate special recreation permits or commercial use authorizations, of which—
(i)
not fewer than 2 offices are managed by the Secretary; and
(ii)
not fewer than 2 offices are managed by the Secretary of Agriculture, acting through the Chief of the Forest Service.
(4)
Retention of authority by the applicable secretary.— Each of the Secretaries shall retain the authority to enforce the terms, stipulations, conditions, and agreements in a set of separate special recreation permits or commercial use authorizations issued under the pilot program established under paragraph (1) that apply specifically to the use occurring on the Federal recreational lands and waters managed by the applicable Secretary, under the authorities that apply to the applicable Federal recreational lands and waters.
(5)
Option to apply for separate special recreation permits or commercial use authorizations.— A person seeking the appropriate permits or authorizations for a multijurisdictional trip may apply for—
(A)
a separate special recreation permit or commercial use authorization for the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs; or
(B)
a set of separate special recreational permits or commercial use authorizations made available under the pilot program established under paragraph (1).
(6)
Effect.— Nothing in this subsection applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.

SEC. 316. Forest Service and Bureau of Land Management Temporary Special Recreation Permits for Outfitting and Guiding.

(a)
In General.— Not later than 180 days after the date of enactment of this title, the Secretary concerned shall establish and implement a program to authorize the issuance of temporary special recreation permits for new or additional recreational uses of Federal recreational land and water managed by the Forest Service and the Bureau of Land Management.
(b)
Term of Temporary Permits.— A temporary special recreation permit issued under paragraph (1) shall be issued for a period of not more than 2 years.
(c)
Conversion to Long-term Permit.— If the Secretary concerned determines that a permittee under paragraph (1) has completed 2 years of satisfactory operation under the permit proposed to be converted, the Secretary may provide for the conversion of a temporary special recreation permit issued under paragraph (1) to a long-term special recreation permit.
(d)
Effect.— Nothing in this subsection alters or affects the authority of the Secretary to issue a special recreation permit under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title).

SEC. 317. Reviews for Long-Term Permits.

(a)
Monitoring.— The Secretary concerned shall monitor each recreation service provider issued a special recreation permit for compliance with the terms of the permit—
(1)
not less than annually or as frequently as needed (as determined by the Secretary concerned), in the case of a temporary special recreation permit for outfitting and guiding issued under section 316; and
(2)
not less than once every 2 years or as frequently as needed (as determined by the Secretary concerned), in the case of a special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this title) that is issued for a term of not more than 10 years.
(b)
Use-of-Allocation Reviews.—
(1)
In general.— If the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, allocates visitor-use days among special recreation permits for outfitting and guiding, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall, and the Secretary may, review the use by the recreation service provider of the visitor-use days allocated under a long-term special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this title), once every 5 years.
(2)
Requirements of the review.— In conducting a review under paragraph (1), the Secretary concerned shall determine—
(A)
the number of visitor-use days that the recreation service provider used each year under the special recreation permit, in accordance with paragraph (3); and
(B)
the year in which the recreation service provider used the most visitor-use days under the special recreation permit.
(3)
Consideration of surrendered, unused visitor-use days.— For the purposes of determining the number of visitor-use days a recreation service provider used in a specified year under paragraph (2)(A), the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary, as applicable, shall consider an unused visitor-use day that has been surrendered under section 313(c)(1)(B) as—
(A)
1/2 of a visitor-use day used; or
(B)
1 visitor-use day used, if the Secretary concerned determines the use of the allocated visitor-use day had been or will be prevented by a circumstance beyond the control of the recreation service provider.

SEC. 318. Adjustment of Allocated Visitor-Use Days.

(a)
Adjustments Following Use of Allocation Reviews.— On the completion of a use-of-allocation review conducted under section 317(b) for a special recreation permit described in paragraph (13)(A)(iv)(I) of section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this title), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall adjust the number of visitor-use days allocated to a recreation service provider under the special recreation permit as follows:
(1)
If the Secretary concerned determines that the performance of the recreation service provider was satisfactory during the most recent review conducted under subsection (a) of section 317, the annual number of visitor-use days allocated for each remaining year of the permit shall be equal to 125 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section, during the year identified under subsection (b)(2)(B) of that section, not to exceed the level allocated to the recreation service provider on the date on which the special recreation permit was issued.
(2)
If the Secretary concerned determines the performance of the recreation service provider is less than satisfactory during the most recent performance review conducted under subsection (a) of section 317, the annual number of visitor-use days allocated for each remaining year of the special recreation permit shall be equal to not more than 100 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section during the year identified under subsection (b)(2)(B) of that section.
(b)
Temporary Reassignment of Unused Visitor-Use Days.— The Secretary concerned may temporarily assign unused visitor-use days, made available under section 313(c)(1)(B), to—
(1)
any other existing or potential recreation service provider, notwithstanding the number of visitor-use days allocated to the special recreation permit holder under the special recreation permit held or to be held by the recreation service provider; or
(2)
any existing or potential holder of a special recreation permit described in clause (i) or (iii) of paragraph (13)(A) of section 802 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801) (as amended by this title), including the public.
(c)
Additional Capacity.— If unallocated visitor-use days are available, the Secretary concerned may, at any time, amend a special recreation permit to allocate additional visitor-use days to a qualified recreation service provider.

SEC. 319. Liability.

(a)
Insurance Requirements.—
(1)
In general.— Except as provided in paragraph (2), as a condition of issuing a special recreation permit under subsection (h)(1)(B) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title) or a commercial use authorization, the Secretary concerned may require the holder of the special recreation permit or commercial use authorization to have a commercial general liability insurance policy that—
(A)
is commensurate with the level of risk of the activities to be conducted under the special recreation permit or commercial use authorization; and
(B)
includes the United States as an additional insured in an endorsement to the applicable policy.
(2)
Exception.— The Secretary concerned shall not require a holder of a special recreation permit or commercial use authorization for low-risk activities, as determined by the Secretary concerned, including commemorative ceremonies and participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated, to comply with the requirements of paragraph (1).
(b)
Indemnification by Governmental Entities.— The Secretary concerned shall not require a State, State agency, State institution, or political subdivision of a State to indemnify the United States for tort liability as a condition for issuing a special recreation permit or commercial use authorization to the extent the State, State agency, State institution, or political subdivision of a State is precluded by State law from providing indemnification to the United States for tort liability, if the State, State agency, State institution, or political subdivision of the State maintains the minimum amount of liability insurance coverage required by the Federal land management agency for the activities conducted under the special recreation permit or commercial use authorization in the form of—
(1)
a commercial general liability insurance policy, which includes the United States as an additional insured in an endorsement to the policy, if the State is authorized to obtain commercial general liability insurance by State law;
(2)
self-insurance, which covers the United States as an additional insured, if authorized by State law; or
(3)
a combination of the coverage described in paragraphs (1) and (2).
(c)
Exculpatory Agreements.—
(1)
In general.— Except as provided in paragraph (2), a Federal land management agency shall not implement, administer, or enforce any regulation, guidance, or policy prohibiting the use of an exculpatory agreement between a recreation service provider or a holder of a commercial use authorization and a customer relating to services provided under a special recreation permit or a commercial use authorization.
(2)
Requirements.— Any exculpatory agreement used by a recreation service provider or holder of a commercial use authorization for an activity authorized under a special recreation permit or commercial use authorization—
(A)
shall shield the United States from any liability, if otherwise allowable under Federal law; and
(B)
shall not waive any liability of the recreation service provider or holder of the commercial use authorization that may not be waived under the laws (including common law) of the applicable State or for gross negligence, recklessness, or willful misconduct.
(3)
Consistency.— Not later than 2 years after the date of the enactment of this title, the Secretaries shall—
(A)
review the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations; and
(B)
revise any policy described in subparagraph (A) as necessary to make the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations consistent with this subsection and across all Federal recreational lands and waters.
(d)
Effect.— Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services.

SEC. 320. Cost Recovery Reform.

(a)
Cost Recovery for Special Recreation Permits.— In addition to a fee collected under section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) or any other authorized fee collected by the Secretary concerned, the Secretary concerned may assess and collect a reasonable fee from an applicant for, or holder of, a special recreation permit to recover administrative costs incurred by the Secretary concerned for—
(1)
processing a proposal or application for the special recreation permit;
(2)
issuing the special recreation permit; and
(3)
monitoring the special recreation permit to ensure compliance with the terms and conditions of the special recreation permit.
(b)
De Minimis Exemption From Cost Recovery.— If the administrative costs described in subsection (a) are assessed on an hourly basis, the Secretary concerned shall—
(1)
establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administrative costs described in subsection (a); and
(2)
charge an applicant only for any hours that exceed the de minimis threshold.
(c)
Multiple Applications.— If the Secretary concerned collectively processes multiple applications for special recreation permits for the same or similar services in the same unit of Federal recreational lands and waters, the Secretary concerned shall, to the extent practicable—
(1)
assess from the applicants the fee described in subsection (a) on a prorated basis; and
(2)
apply the exemption described in subsection (b) to each applicant on an individual basis.
(d)
Limitation.— The Secretary concerned shall not assess or collect administrative costs under this section for a programmatic environmental review.
(e)
Cost Reduction.— To the maximum extent practicable, the agency processing an application for a special recreation permit shall use existing studies and analysis to reduce the quantity of work and costs necessary to process the application.

SEC. 321. Availability of Federal, State, and Local Recreation Passes.

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

“SEC. 805A. AVAILABILITY OF FEDERAL, STATE, AND LOCAL RECREATION PASSES.

“(a) Establishment of Program.—

“(1) In general.—To improve the availability of Federal, State, and local outdoor recreation passes, the Secretaries are encouraged to coordinate with States and counties regarding the availability of Federal, State, and local recreation passes to allow a purchaser to buy a Federal recreation pass, State recreation pass, and local recreation pass in a single transaction.

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

“(A) an America the Beautiful—the National Parks and Federal Recreational Lands Pass under section 805; and

“(B) any pass covering any fees charged by participating States and counties for entrance and recreational use of parks and public land in the participating States.

“(b) Agreements With States and Counties.—

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

“(2) Revenue from pass sales.—Agreements between the Secretaries, States, and counties entered into pursuant to this section shall ensure that—

“(A) funds from the sale of State or local passes are transferred to the appropriate State agency or county government;

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

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

(b)
Clerical Amendment.— The table of contents for the Federal Lands Recreation Enhancement Act is amended by inserting after the item relating to section 805 the following:

“Sec. 805A. Availability of Federal, State, and local recreation passes.”.

SEC. 322. Online Purchases and Establishment of a Digital Version of America the Beautiful—the National Parks and Federal Recreational Lands Passes.

(a)
Online Purchases of America the Beautiful–The National Parks and Federal Recreational Lands Pass.— 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:

“(A) In general.—The Secretaries shall sell or otherwise make available the National Parks and Federal Recreational Lands Pass—

“(i) at all Federal recreational lands and waters at which—

“(I) an entrance fee or a standard amenity recreation fee is charged; and

“(II) such sales or distribution of the Pass is feasible;

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

“(iii) through a prominent link to a centralized pass sale system on the website of each of the Federal land management agencies and the websites of the relevant units and subunits of those agencies, which shall include information about where and when a National Parks and Federal Recreational Lands Pass may be used.”

(b)
Digital Version of the America the Beautiful—The National Parks and Federal Recreation Lands Pass.— Section 805(a) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(a)) is amended by adding at the end the following:

“(10) Digital recreation passes.—Not later than January 1, 2026, the Secretaries shall—

“(A) establish a digital version of the National Parks and Federal Recreational Lands Pass that is able to be stored on a mobile device, including with respect to free and discounted passes; and

“(B) upon completion of a transaction for a National Parks and Federal Recreational Lands Pass, make immediately available to the passholder a digital version of the National Parks and Federal Recreational Lands Pass established under subparagraph (A).”

(c)
Entrance Pass and Amenity Fees.— Section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) (as amended by this title) is amended by adding at the end the following:

“(j) Online Payments.—

“(1) In general.—In addition to providing onsite payment methods, the Secretaries may collect payment online for—

“(A) entrance fees under subsection (e);

“(B) standard amenity recreation fees under subsection (f);

“(C) expanded amenity recreation fees under subsection (g); and

“(D) special recreation permit fees.

“(2) Distribution of online payments.—An online payment collected under paragraph (1) that is associated with a specific unit or area of a Federal land management agency shall be distributed in accordance with section 805(c).”

SEC. 323. Savings Provision.

Nothing in this subtitle, or in any amendment made by this subtitle, shall be construed as affecting the authority or responsibility of the Secretary of the Interior to award concessions contracts for the provision of accommodations, facilities, and services, or commercial use authorizations to provide services, to visitors to U.S. Fish and Wildlife Service refuges or units of the National Park System pursuant to subchapter II of chapter 1019 of title 54, United States Code (formerly known as the “National Park Service Concessions Management Improvement Act of 1998”), except that sections 314(a), 315, 319(a), 319(b), and 319(c) of this subtitle shall also apply to commercial use authorizations under that Act.

Subtitle B Making Recreation a Priority

SEC. 331. Extension of Seasonal Recreation Opportunities.

(a)
Definition of Seasonal Closure.— In this section, the term “seasonal closure” means any period during which—
(1)
a unit, or portion of a unit, of Federal recreational lands and waters is closed to the public for a continuous period of 30 days or more, excluding temporary closures relating to wildlife conservation or public safety; and
(2)
permitted or allowable recreational activities, which provide an economic benefit, including off-season or winter-season tourism, do not take place at the unit, or portion of a unit, of Federal recreational lands and waters.
(b)
Coordination.—
(1)
In general.— The Secretaries shall consult and coordinate with outdoor recreation-related businesses operating on, or adjacent to, a unit of Federal recreational lands and waters, State offices of outdoor recreation, local destination marketing organizations, applicable trade organizations, nonprofit organizations, Indian Tribes, local governments, and institutions of higher education—
(A)
to better understand—
(i)
trends with respect to visitors to the unit of Federal recreational lands and waters;
(ii)
the effect of seasonal closures on areas of, or infrastructure on, units of Federal recreational lands and waters on outdoor recreation opportunities, adjacent businesses, and local tax revenue; and
(iii)
opportunities to extend the period of time during which areas of, or infrastructure on, units of Federal recreational lands and waters are open to the public to increase outdoor recreation opportunities and associated revenues for businesses and local governments; and
(B)
to solicit input from, and provide information for, outdoor recreation marketing campaigns.
(2)
Local coordination.— As part of the consultation and coordination required under subparagraph (1), the Secretaries shall encourage relevant unit managers of Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, and the National Park Service to consult and coordinate with local governments, Indian Tribes, outdoor recreation-related businesses, and other local stakeholders operating on or adjacent to the relevant unit of Federal recreational lands and waters.
(d)
Extensions Beyond Seasonal Closures.—
(1)
Extension of recreational season.— In the case of a unit of Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, or the National Park Service in which recreational use is highly seasonal, the Secretary concerned, acting through the relevant unit manager, may—
(A)
as appropriate, extend the recreation season or increase recreation use in a sustainable manner during the offseason; and
(B)
make information about extended season schedules and related recreational opportunities available to the public and local communities.
(2)
Determination.— In determining whether to extend the recreation season under this subsection, the Secretary concerned, acting through the relevant unit manager, shall consider the benefits of extending the recreation season—
(A)
for the duration of income to gateway communities; and
(B)
to provide more opportunities to visit resources on units of Federal recreational lands and waters to reduce crowding during peak visitation.
(3)
Clarification.— Nothing in this subsection precludes the Secretary concerned, acting through the relevant unit manager, from providing for additional recreational opportunities and uses at times other than those described in this subsection.
(4)
Inclusions.— An extension of a recreation season or an increase in recreation use during the offseason under paragraph (1) may include—
(A)
the addition of facilities that would increase recreation use during the offseason; and
(B)
improvement of access to the relevant unit to extend the recreation season.
(5)
Requirement.— An extension of a recreation season or increase in recreation use during the offseason under paragraph (1) shall be done in compliance with all applicable Federal laws, regulations, and policies, including land use plans.
(6)
Agreements.—
(A)
In general.— The Secretary concerned may enter into agreements with businesses, local governments, or other entities to share the cost of additional expenses necessary to extend the period of time during which an area of, or infrastructure on, a unit of Federal recreational lands and waters is made open to the public.
(B)
In-kind contributions.— The Secretary concerned may accept in-kind contributions of goods and services provided by businesses, local governments, or other entities for purposes of paragraph (1).

Subtitle C Maintenance of Public Land

SEC. 341. Volunteers in the National Forests and Public Lands Act.

The Volunteers in the National Forests Act of 1972 (16 U.S.C. 558a et seq.) is amended to read as follows:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Volunteers in the National Forests and Public Lands Act’.

“SEC. 2. PURPOSE.

“The purpose of this Act is to leverage volunteer engagement to supplement projects that are carried out by the Secretaries to fulfill the missions of the Forest Service and the Bureau of Land Management and are accomplished with appropriated funds.

“SEC. 3. DEFINITION OF SECRETARIES.

“In this Act, the term ‘Secretaries’ means each of—

“(1) the Secretary of Agriculture, acting through the Chief of the Forest Service; and

“(2) the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

“SEC. 4. AUTHORIZATION.

“The Secretaries are authorized to recruit, train, and accept without regard to the civil service and classification laws, rules, or regulations the services of individuals without compensation as volunteers for or in aid of recreation access, trail construction or maintenance, facility construction or maintenance, educational uses (including outdoor classroom construction or maintenance), interpretive functions, visitor services, conservation measures and development, or other activities in and related to areas administered by the Secretaries. In carrying out this section, the Secretaries shall consider referrals of prospective volunteers made by the Corporation for National and Community Service.

“SEC. 5. INCIDENTAL EXPENSES.

“The Secretaries are authorized to provide for incidental expenses, such as transportation, uniforms, lodging, training, equipment, and subsistence.

“SEC. 6. CONSIDERATION AS FEDERAL EMPLOYEE.

“(a) Except as otherwise provided in this section, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.

“(b) For the purpose of the tort claim provisions of title 28, United States Code, a volunteer under this Act shall be considered a Federal employee.

“(c) For the purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, volunteers under this Act shall be deemed civil employees of the United States within the meaning of the term ‘employee’ as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply.

“(d) For the purposes of claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, a volunteer under this Act shall be considered a Federal employee, and the provisions of section 3721 of title 31, United States Code, shall apply.

“(e) For the purposes of subsections (b), (c), and (d), the term ‘volunteer’ includes a person providing volunteer services to either of the Secretaries who—

“(1) is recruited, trained, and supported by a cooperator under a mutual benefit agreement or cooperative agreement with either of the Secretaries; and

“(2) performs such volunteer services under the supervision of the cooperator as directed by either of the Secretaries in the mutual benefit agreement or cooperative agreement in the mutual benefit agreement, including direction that specifies—

“(A) the volunteer services, including the geographic boundaries of the work to be performed by the volunteers, and the supervision to be provided by the cooperator;

“(B) the applicable project safety standards and protocols to be adhered to by the volunteers and enforced by the cooperator;

“(C) the on-site visits to be made by either of the Secretaries, if feasible and only if necessary to verify that volunteers are performing the volunteer services and the cooperator is providing the supervision agreed upon;

“(D) the equipment the volunteers are authorized to use;

“(E) the training the volunteers are required to complete;

“(F) the actions the volunteers are authorized to take; and

“(G) any other terms and conditions that are determined to be necessary by the applicable Secretary.

“SEC. 7. PROMOTION OF VOLUNTEER OPPORTUNITIES.

“The Secretaries shall promote volunteer opportunities in areas administered by the Secretaries.

“SEC. 8. LIABILITY INSURANCE.

“The Secretaries shall not require a cooperator or volunteer (as those terms are used in section 6) to have liability insurance to provide the volunteer services authorized under this Act.”

SEC. 342. Reference.

Any reference to the Volunteers in the National Forests Act of 1972 in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Volunteers in the National Forests and Public Land Act.

Subtitle D Recreation Not Red Tape

SEC. 351. Good Neighbor Authority for Recreation.

(a)
Definitions.— In this section:
(1)
Authorized recreation services.— The term “authorized recreation services” means similar and complementary recreation enhancement or improvement services carried out—
(A)
on Federal land, non-Federal land, or land owned by an Indian Tribe; and
(B)
by either the Secretary or a Governor, Indian Tribe, or county, as applicable, pursuant to a good neighbor agreement.
(2)
County.— The term “county” means—
(A)
the appropriate executive official of an affected county; or
(B)
in any case in which multiple counties are affected, the appropriate executive official of a compact of the affected counties.
(3)
Federal land.— The term “Federal land” means land that is—
(A)
owned and administered by the United States as a part of—
(i)
the National Forest System; or
(ii)
the National Park System; or
(B)
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
(4)
Recreation enhancement or improvement services.— The term “recreation enhancement or improvement services” means—
(A)
establishing, repairing, restoring, improving, relocating, constructing, or reconstructing new or existing—
(i)
trails or trailheads;
(ii)
campgrounds and camping areas;
(iii)
cabins;
(iv)
picnic areas or other day use areas;
(v)
shooting ranges;
(vi)
restroom or shower facilities;
(vii)
paved or permanent roads or parking areas that serve existing recreation facilities or areas;
(viii)
fishing piers, wildlife viewing platforms, docks, or other constructed features at a recreation site;
(ix)
boat landings;
(x)
hunting or fishing sites;
(xi)
infrastructure within ski areas; or
(xii)
visitor centers or other interpretative sites; and
(B)
activities that create, improve, or restore access to existing recreation facilities or areas.
(5)
Good neighbor agreement.— The term “good neighbor agreement” means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a Governor, Indian Tribe, or county, as applicable, to carry out authorized recreation services under this title.
(6)
Governor.— The term “Governor” means the Governor or any other appropriate executive official of an affected State or the Commonwealth of Puerto Rico.
(7)
Secretary concerned.— The term “Secretary concerned” means—
(A)
the Secretary of Agriculture, with respect to National Forest System land; and
(B)
the Secretary of the Interior, with respect to National Park System land and public lands.
(b)
Good Neighbor Agreements for Recreation.—
(1)
In general.— The Secretary concerned may enter into a good neighbor agreement with a Governor, Indian Tribe, or county to carry out authorized recreation services in accordance with this title.
(2)
Public availability.— The Secretary concerned shall make each good neighbor agreement available to the public.
(3)
Financial and technical assistance.—
(A)
In general.— The Secretary concerned may provide financial or technical assistance to a Governor, Indian Tribe, or county carrying out authorized recreation services.
(B)
Additional treatments of revenue.— Section 8206(b)(2)(C) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)(C)) is amended to read as follows:

“(C) Treatment of revenue.—

“(i) In general.—Funds received from the sale of timber by a Governor, Indian Tribe, or county under a good neighbor agreement shall be retained and used by the Governor, Indian Tribe, or county, as applicable—

“(I) to carry out authorized restoration services on under the good neighbor agreement; and

“(II) if there are funds remaining after carrying out clause (i), to carry out—

“(aa) authorized restoration services under other good neighbor agreements; or

“(bb) authorized recreation services under the Good Neighbor Authority for Recreation Act.

“(ii) Termination of effectiveness.—The authority provided under this subparagraph terminates effective October 1, 2028.”

(4)
Retention of nepa responsibilities.— Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any authorized recreation services to be provided under this section on Federal land shall not be delegated to a Governor, Indian Tribe, or county.

SEC. 352. Permit Relief for Picnic Areas.

(a)
In General.— If the Secretary concerned does not require the public to obtain a permit or reservation to access a picnic area on Federal recreational lands and waters administered by the Forest Service or the Bureau of Land Management, the Secretary concerned shall not require a covered person to obtain a permit solely to access the picnic area.
(b)
Covered Person Defined.— In this section, the term “covered person” means a person (including an educational group) that provides outfitting and guiding services to fewer than 40 customers per year at a picnic area described in subsection (a).

SEC. 353. Interagency Report on Special Recreation Permits for Underserved Communities.

(a)
Covered Community Defined.— In this section, the term “covered community” means a rural or urban community, including an Indian Tribe, that is—
(1)
low-income or underserved; and
(2)
has been underrepresented in outdoor recreation opportunities on Federal recreational lands and waters.
(b)
Report.— Not later than 3 years after the date of the enactment of this title, the Secretaries, acting jointly, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
(1)
the estimated use of special recreation permits serving covered communities;
(2)
examples of special recreation permits, partnerships, cooperative agreements, or other arrangements providing access to Federal recreational lands and waters for covered communities;
(3)
other ways covered communities are engaging on Federal recreational lands and waters, including through stewardship and conservation projects or activities;
(4)
any barriers for existing or prospective recreation service providers and holders of commercial use authorizations operating within or serving a covered community; and
(5)
any recommendations to facilitate and increase permitted access to Federal recreational lands and waters for covered communities.

SEC. 354. Modernizing Access to Our Public Land Act Amendments.

The Modernizing Access to Our Public Land Act (16 U.S.C. 6851 et seq.) is amended—
(1)
in section 3(1) (16 U.S.C. 6852(1)), by striking “ public outdoor recreational use” and inserting “ recreation sites”;
(2)
in section 5(a)(4) (16 U.S.C. 6854(a)(4)), by striking “ permanently restricted or prohibited” and inserting “ regulated or closed”; and
(3)
in section 6(b) (16 U.S.C. 6855(b))—
(A)
by striking “ may” and inserting “ shall”; and
(B)
by striking “ the Secretary of the Interior” and inserting “ the Secretaries”.

SEC. 355. Savings Provision.

No additional Federal funds are authorized to carry out the requirements of this Act and the activities authorized by this Act are subject to the availability of appropriations made in advance for such purposes.