§8571. Good neighbor authority for recreation

16 U.S.C. § 8571

(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 1702 of title 43).

(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 subchapter.

(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 subchapter.

(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)

Omitted—

(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.

Notes, amendments, and revision history

(Pub. L. 118–234, title III, § 351, Jan. 4, 2025, 138 Stat. 2915.)

Editorial Notes

References in Text

This subchapter, referred to in subsecs. (a)(5) and (b)(1), was in the original “this title”, meaning title III of Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2891, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (b)(4), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Codification

Section is comprised of section 351 of Pub. L. 118–234. Subsec. (b)(3)(B) of section 351 of Pub. L. 118–234 amended section 2113a of this title.