United States 118th Congress Status: In Committee 2 I cosponsors

S 873 — America’s Outdoor Recreation Act of 2023

Last action — Committee on Small Business and Entrepreneurship. Hearings held. Hearings printed: S.Hrg. 118-232.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

165 added · 49 removed

Plain-language change summary

The amended bill removes the specific title "FOREST SERVICE CLIMBING GUIDANCE" and instead includes a section title simply as "Climbing guidance." Additionally, the reference to "regulations" in the list of applicable laws has been deleted. This change simplifies the language and focuses on the guidance itself, potentially impacting how climbing management is organized and interpreted within National Forest System lands.

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873 Introduced in Senate (IS)] <DOC> 118th CONGRESS 1st Session S.
873 Reported in Senate (RS)] <DOC> Calendar No.
873 To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes.
172 118th CONGRESS 1st Session S.
873 [Report No.
118-79] To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes.
which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes.
which was read twice and referred to the Committee on Energy and Natural Resources July 26, 2023 Reported by Mr.
Manchin, with amendments [Omit the part struck through and insert the part printed in italic] _______________________________________________________________________ A BILL To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes.
122.
Climbing guidance.
Sec.
SEC.
<DELETED>SEC.
FOREST SERVICE CLIMBING GUIDANCE.
FOREST SERVICE CLIMBING GUIDANCE.</DELETED> <DELETED> (a) Climbing Guidance in Wilderness.--</DELETED> <DELETED> (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall issue guidance relating to climbing management for National Forest System land, including in designated wilderness areas on National Forest System land, pursuant to the joint explanatory statement for division G (relating to the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021) described in section 4 of the Consolidated Appropriations Act, 2021 (Public Law 116-260;
(a) Climbing Guidance in Wilderness.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall issue guidance relating to climbing management for National Forest System land, including in designated wilderness areas on National Forest System land, pursuant to the joint explanatory statement for division G (relating to the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021) described in section 4 of the Consolidated Appropriations Act, 2021 (Public Law 116-260;
1185), that recognizes the appropriateness of the allowable activities described in paragraph (2) in the designated wilderness areas, if the allowable activities are carried out in accordance with-- (A) the Wilderness Act (16 U.S.C.
1185), that recognizes the appropriateness of the allowable activities described in paragraph (2) in the designated wilderness areas, if the allowable activities are carried out in accordance with--</DELETED> <DELETED> (A) the Wilderness Act (16 U.S.C.
1131 et seq.);
1131 et seq.);</DELETED> <DELETED> (B) other applicable laws (including regulations);
(B) other applicable laws (including regulations);
and</DELETED> <DELETED> (C) any terms and conditions that are determined to be necessary by the Secretary of Agriculture.</DELETED> <DELETED> (2) Allowable activities.--The allowable activities referred to in paragraph (1) are--</DELETED> <DELETED> (A) recreational climbing;</DELETED> <DELETED> (B) the placement, use, and maintenance of fixed anchors;
and (C) any terms and conditions that are determined to be necessary by the Secretary of Agriculture.
and</DELETED> <DELETED> (C) the use of other equipment necessary for recreational climbing.</DELETED> <DELETED> (b) Public Notice and Comment.--Before finalizing guidance relating to climbing management under subsection (a)(1), the Secretary of Agriculture shall provide to the public notice and an opportunity to comment regarding the proposed guidance.</DELETED> SEC.
(2) Allowable activities.--The allowable activities referred to in paragraph (1) are-- (A) recreational climbing;
122.
(B) the placement, use, and maintenance of fixed anchors;
CLIMBING GUIDANCE.
and (C) the use of other equipment necessary for recreational climbing.
(a) Guidance.--Not later than 18 months after the date of enactment of this Act, each Secretary concerned shall issue guidance for recreational climbing activities on Federal land under the jurisdiction of the Secretary concerned, including within components of the National Wilderness Preservation System.
(b) Public Notice and Comment.--Before finalizing guidance relating to climbing management under subsection (a)(1), the Secretary of Agriculture shall provide to the public notice and an opportunity to comment regarding the proposed guidance.
(b) Applicable Law.--The guidance issued under subsection (a) shall ensure that recreational climbing activities comply with the laws (including regulations) applicable to the land under the jurisdiction of the Secretary concerned.
(c) Wilderness Areas.-- (1) In general.--The guidance issued under subsection (a) shall recognize that recreational climbing (including the placement and maintenance of fixed anchors, where necessary for safety) is an appropriate recreational use within a component of the National Wilderness Preservation System, if undertaken-- (A) in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and other applicable laws (including regulations);
and (B) subject to any terms and conditions determined to be appropriate by the Secretary concerned.
(2) Authorization.--The guidance issued under subsection (a) shall describe the requirements, if any, for the placement and maintenance of fixed anchors for recreational climbing in a component of the National Wilderness Preservation System, including any terms and conditions determined by the Secretary concerned to be appropriate, which may be issued programmatically or on a case-by-case basis.
(d) Existing Routes.--The guidance issued under subsection (a) shall include direction providing for the continued use and maintenance of recreational climbing routes (including fixed anchors along the routes) in existence as of the date of enactment of this Act, in accordance with this section, and where appropriate.
(e) Public Comment.--Before finalizing the guidance issued under subsection (a), the Secretary concerned shall provide opportunities for public comment with respect to the guidance.
(b) Over-Snow Vehicle-Use Maps.--The Secretary concerned shall seek to have, not later than 10 years after the date of enactment of this Act, in a printed and publicly available format that is compliant with the format for geographic information systems, an over-snow vehicle use map for each unit of Federal recreational lands and waters administered by the Chief of the Forest Service or Director of the Bureau of Land Management that has adequate snowfall for over-snow vehicle use to occur.
(b) Over-Snow Vehicle-Use Maps.--The Secretary concerned shall seek to have, not later than 10 years after the date of enactment of this Act, in a printed and publicly available format that is compliant with the format for geographic information systems, an over-snow vehicle use map for each unit of Federal recreational lands and waters administered by the Chief of the Forest Service or Director of the Bureau of Land Management that has adequate snowfall for over-snow vehicle use to occur on which over-snow vehicle use occurs, in accordance with existing law.
(c) Out-of-Date Plans and Maps.--Not later than 20 years after the date on which the Secretary concerned adopted or reviewed, through public notice and comment, a travel management plan or map described in subsection (a) or (b), the Secretary concerned shall review, through public notice and comment, and update, as necessary, the applicable travel management plan or map.
(c) Out-of-Date Plans and Maps.--Not later than 20 years after the date on which the Secretary concerned adopted or reviewed, through public notice and comment, a travel management plan or map described in subsection (a) or (b), the Secretary concerned shall seek to review, through public notice and comment, and update, as necessary, the applicable travel management plan or map.
(e) Savings Clause.--Nothing in this section prohibits a lawful use, including a motorized or nonmotorized use, on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management, if the Secretary concerned fails to meet a timeline established under this section.
or ``(C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5).
or <DELETED> ``(C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5).</DELETED> ``(C) is a news-gathering activity, unless the news-gathering activity-- ``(i) involves more than 8 individuals;
or ``(ii) does not meet each of the requirements described in paragraph (5).
and ``(iii) is consistent with subsection (c).
and ``(iii) is consistent with subsection (c).;
and ``(iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2).
``(5) Requirements for filming or still photography activity.--The requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) are as follows:
``(5) Requirements for filming or still photography activity.--The requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as follows:
``(6) Content creation.--Regardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a System unit shall be considered to be a filming or still photography activity under this subsection.
``(6) Calculations with respect to number of individuals.-- ``(A) In general.--For the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same System unit.
``(7) Effect.-- ``(A) Permits requested though not required.--On the request of a person intending to carry out a filming or still photography activity, the Secretary may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section.
``(B) Description of individual.--An individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the System unit as a part of the team or crew in a filming or still photography activity.
``(6)(7) Content creation.--Regardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a System unit shall be considered to be a filming or still photography activity under this subsection.
``(7)(8) Effect.-- ``(A) Permits requested though not required.--On the request of a person intending to carry out a filming or still photography activity, the Secretary may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section.
``(b) Fees and Recovery Costs.-- ``(1) Fees.--The reasonable fees referred to in paragraphs (4) and (7)(A) of subsection (a) shall meet each of the following criteria:
``(b) Fees and Recovery Costs.-- ``(1) Fees.--The reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) of subsection (a) shall meet each of the following criteria:
and ``(C) to collect any required fees.''.
and ``(C) to collect any required fees.
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''.
``(e) Guidance.--Not later than 2 years after the date of enactment of the America's Outdoor Recreation Act of 2023, the Secretary shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4).''.
or ``(C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5).
or <DELETED> ``(C) is a news-gathering activity, unless the news-gathering activity does not meet each of the requirements described in paragraph (5).</DELETED> ``(C) is a news-gathering activity, unless the news-gathering activity-- ``(i) involves more than 8 individuals;
or ``(ii) does not meet each of the requirements described in paragraph (5).
and ``(iii) is consistent with subsection (c).
and ``(iii) is consistent with subsection (c).;
and ``(iv) is not a filming or still photography activity described in subparagraph (B) or (C) of paragraph (2).
``(5) Requirements for filming or still photography activity.--The requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) are as follows:
``(5) Requirements for filming or still photography activity.--The requirements referred to in paragraphs (2)(A)(ii), (3)(F)(ii), (4)(B), and (7)(C) (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as follows:
``(6) Content creation.--Regardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a Federal land management unit shall be considered to be a filming or still photography activity under this subsection.
``(6) Calculations with respect to number of individuals.-- ``(A) In general.--For the purposes of calculating the number of individuals under paragraphs (2), (3), and (4), the Secretary concerned shall only include an individual described in subparagraph (B) that is conducting a filming or still photography activity or that is carrying out or participating as part of a team or crew in a filming or still photography activity at the same time in the same Federal land management unit.
``(7) Effect.-- ``(A) Permits requested though not required.--On the request of a person intending to carry out a filming or still photography activity, the Secretary concerned may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section.
``(B) Description of individual.--An individual referred to in subparagraph (A) is a photographer, videographer, director, model, actor, helper, assistant, or any other individual who is purposefully or knowingly on-site at the Federal land management unit as a part of the team or crew in a filming or still photography activity.
``(6)(7) Content creation.--Regardless of distribution platform, any video, still photograph, or audio recording for commercial or noncommercial content creation at a Federal land management unit shall be considered to be a filming or still photography activity under this subsection.
``(7)(8) Effect.-- ``(A) Permits requested though not required.--On the request of a person intending to carry out a filming or still photography activity, the Secretary concerned may issue a permit and assess a reasonable fee for the filming or still photography activity, even if a permit for the filming or still photography activity is not required under this section.
``(b) Fees and Recovery Costs.-- ``(1) Fees.--The reasonable fees referred to in paragraphs (4) and (7)(A) of subsection (a) shall meet each of the following criteria:
``(b) Fees and Recovery Costs.-- ``(1) Fees.--The reasonable fees referred to in paragraphs (4) and (7)(A) (8)(A) of subsection (a) shall meet each of the following criteria:
``(e) Definitions.--In this section:
``(e) Guidance.--Not later than 2 years after the date of enactment of the America's Outdoor Recreation Act of 2023, each of the Secretary of the Interior and the Secretary of Agriculture shall issue guidance to implement this section, including establishing a civil penalty for failing to obtain a de minimis use authorization required under subsection (a)(3) or a permit required under subsection (a)(4).
``(e)(f) Definitions.--In this section:
<all>
Calendar No.
172 118th CONGRESS 1st Session S.
873 [Report No.
118-79] _______________________________________________________________________ A BILL To improve recreation opportunities on, and facilitate greater access to, Federal public land, and for other purposes.
_______________________________________________________________________ July 26, 2023 Reported with amendments
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What Congress says this changes

S. Rept. 118-79

Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.

Text to be removed appears in [brackets]. Newly inserted text is italicised in the official report and cannot be marked in this plain-text rendition — read the official PDF ↗ for the authoritative formatting.

changes in existing law made by 
the bill S. 873, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

 Public Law 92-300

 THE VOLUNTEERS IN THE NATIONAL FORESTS ACT OF 1972

 AN ACT To authorize the Secretary of Agriculture to establish a 
 volunteers in the national forests program, and for other purposes.

 Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Volunteers in the National 
Forests and Public Land 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.
 [That the Secretary of Agriculture (hereinafter referred to 
as the ``Secretary'') is]

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 
[Secretary through the Forest Service] Secretaries. In carrying 
out this section, the [Secretary] Secretaries shall consider 
referrals of prospective volunteers made by the Corporation for 
National and Community Service.

SEC. [2]5. INCIDENTAL EXPENSES.

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

SEC. [3]6. CONSIDERATION AS A 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 of the 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 of the 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 31 U.S.C. 3721 shall 
apply.
 (e) For the purposes of subsections (b), (c), and (d), the 
term ``volunteer'' includes a person providing volunteer 
services to [the Secretary] either of the Secretaries who--
 (1) is recruited, trained, and supported by a 
 cooperator under a mutual benefit agreement [with the 
 Secretary] or cooperative agreement with either of the 
 Secretaries; and
 (2) performs such volunteer services under the 
 supervision of the cooperator as directed by [the 
 Secretary] either of the Secretaries in the mutual 
 benefit agreement or cooperative agreement, including 
 direction that specifies--
 (A) the volunteer services [to be performed 
 by the volunteers], including the geographical 
 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; 
 [and]
 (C) the on-site visits to be made by [the 
 Secretary, when feasible] 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 a 
volunteer (as those terms are used in in section 6) to have 
liability insurance to provide the volunteer services 
authorized under this Act.
 [SEC. 4. There are]

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

 There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act. [SEC. 5. 
This Act may be cited as the ``Volunteers in the National 
Forests Act of 1972''.]

 * * * * * * *

 Public Law 106-206

 AN ACT To allow the Secretary of the Interior and the Secretary of 
Agriculture to establish a fee system for commercial filming activities 
 on Federal land, and for other purposes.

 Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

[SECTION 1. COMMERCIAL FILMING.

 [(a) Commercial Filming Fee.--The Secretary of the Interior 
and the Secretary of Agriculture (hereafter individually 
referred to as the ``Secretary'' with respect to lands under 
their respective jurisdiction) shall require a permit and shall 
establish a reasonable fee for commercial filming activities or 
similar projects on Federal lands administered by the 
Secretary. Such fee shall provide a fair return to the United 
States and shall be based upon the following criteria:
 [(1) The number of days the filming activity or 
 similar project takes place on Federal land under the 
 Secretary's jurisdiction.
 [(2) The size of the film crew present on Federal land 
 under the Secretary's jurisdiction.
 [(3) The amount and type of equipment present.
 [The Secretary may include other factors in determining an 
appropriate fee as the Secretary deems necessary.
 [(b) Recovery of Costs.--The Secretary shall also collect 
any costs incurred as a result of filming activities or similar 
project, including but not limited to administrative and 
personnel costs. All costs recovered shall be in addition to 
the fee assessed in subsection (a).
 [(c) Still Photography.--(1) Except as provided in 
paragraph (2), the Secretary shall not require a permit nor 
assess a fee for still photography on lands administered by the 
Secretary if such photography takes place where members of the 
public are generally allowed. The Secretary may require a 
permit, fee, or both, if such photography takes place at other 
locations where members of the public are generally not 
allowed, or where additional administrative costs are likely.
 [(2) The Secretary shall require and shall establish 
 a reasonable fee for still photography that uses models 
 or props which are not a part of the site's natural or 
 cultural resources or administrative facilities.
 [(d) Protection of Resources.--The Secretary shall not 
permit any filming, still photography or other related activity 
if the Secretary determines--
 [(1) there is a likelihood of resource damage;
 [(2) there would be an unreasonable disruption of the 
 public's use and enjoyment of the site; or
 [(3) that the activity poses health or safety risks 
 to the public.
 [(e) Use of Proceeds.--(1) All fees collected under this 
Act shall be available for expenditure by the Secretary, 
without further appropriation, in accordance with the formula 
and purposes established for the Recreational Fee Demonstration 
Program (Public Law 104-134). All fees collected shall remain 
available until expended.
 [(2) All costs recovered under this Act shall be 
 available for expenditure by the Secretary, without 
 further appropriation, at the site where collected. All 
 costs recovered shall remain available until expended.
 [(f) Processing of Permit Applications.--The Secretary 
shall establish a process to ensure that permit applicants for 
commercial filming, still photography, or other activity are 
responded to in a timely manner.]

SECTION 1. FILMING AND STILL PHOTOGRAPHY.

 (a) Filming and Still Photography.--
 (I) In general.--The Secretary concerned shall ensure 
 that a filming or still photography activity or similar 
 recording project at a Federal land management unit 
 (referred to in this section as a ``filming or still 
 photography activity'') and the authorizing or 
 permitting of a filming or still photography activity 
 are carried out in accordance with--
 (A) the laws and policies applicable to the 
 Secretary concerned;
 (B) the applicable general management plan; 
 and
 (C) this section.
 (2) No permits required.--The Secretary concerned 
 shall not require an authorization or a permit or 
 assess a fee, if a fee for a filming or still 
 photography activity is not otherwise required by law, 
 for a filming or still photography activity that--
 (A)(i) involves fewer than 6 individuals; and
 (ii) meets each of the requirements described 
 in paragraph (5);
 (B) is merely incidental to an activity or 
 event that is allowed or authorized at the 
 Federal land management unit, regardless of--
 (i) the number of individuals 
 participating in the allowed or 
 authorized activity or event; or
 (ii) whether any individual receives 
 compensation for any products of the 
 filming or still photography activity; 
 or
 (C) is a news-gathering activity, unless the 
 news-gathering activity--
 (i) involves more than 8 individuals; 
 or
 (ii) does not meet each of the 
 requirements described in paragraph 
 (5).
 (3) Filming and still photography authorizations for 
 de minimis use.--
 (A) In general.--The Secretary concerned 
 shall establish a de minimis use authorization 
 for filming or still photography activities 
 that meets the requirements described in 
 subparagraph (F).
 (B) Policy.--For a filming or still 
 photography activity that meets the 
 requirements described in subparagraph (F), the 
 Secretary concerned--
 (i) may require a de minimis use 
 authorization; and
 (ii) shall not require a permit.
 (C) No fee.--The Secretary concerned shall 
 not charge a fee for a de minimis use 
 authorization under this paragraph.
 (D) Application.--The Secretary concerned 
 shall provide for a person to apply for and 
 obtain a de minimis use authorization under 
 this paragraph--
 (i) through the website of the 
 Department of the Interior or the 
 Forest Service, as applicable; and
 (ii) in person at the field office 
 for the Federal land management unit.
 (E) Issuances.--The Secretary concerned 
 shall--
 (i) establish a procedure--
 (I) to automate the approval 
 of an application submitted 
 through the website of the 
 Department of the Interior or 
 the Forest Service, as 
 applicable, under subparagraph 
 (D)(i); and
 (II) to issue a de minimis 
 use authorization under this 
 paragraph immediately on 
 receipt of an application that 
 is submitted in person at the 
 field office for the Federal 
 land management unit under 
 subparagraph (D)(ii); and
 (ii) if an application submitted 
 under subparagraph (D) meets the 
 requirements of this paragraph, 
 immediately on receipt of the 
 application issue a de minimis use 
 authorization for the filming or still 
 photography activity.
 (F) Requirements.--The Secretary concerned 
 shall only issue a de minimis use authorization 
 under this paragraph if the filming or still 
 photography activity--
 (i) involves a group of not fewer 
 than 6 individuals and not more than 8 
 individuals;
 (ii) meets each of the requirements 
 described in paragraph (5);
 (iii) is consistent with subsection 
 (c); and
 (iv) is not a filming or still 
 photography activity described in 
 subparagraph (B) or (C) of paragraph 
 (2).
 (G) Contents.--A de minimis use 
 authorization issued under this 
 paragraph shall list the requirements 
 described in subparagraph (F).
 (4) Required permits.--Except as provided in 
 paragraph (2)(B), the Secretary concerned may 
 require a permit application and, if a permit 
 is issued, assess a reasonable fee, as 
 described in subsection (b)(1), for a filming 
 or still photography activity that--
 (A) involves more than 8 individuals; or
 (B) does not meet each of the requirements 
 described in paragraph (5).
 (5) Requirements for filming or still photography 
 activity.--The requirements referred to in paragraphs 
 (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as 
 follows:
 (A) A person conducts the filming or still 
 photography activity in a manner that--
 (i) does not impede or intrude on the 
 experience of other visitors to the 
 Federal land management unit;
 (ii) except as otherwise authorized, 
 does not disturb or negatively impact--
 (I) a natural or cultural 
 resource; or
 (II) an environmental or 
 scenic value; and
 (iii) allows for equitable allocation 
 or use of facilities of the Federal 
 land management unit.
 (B) The person conducts the filming or still 
 photography activity at a location in which the 
 public is allowed.
 (C) The person conducting the filming or 
 still photography activity does not require the 
 exclusive use of a site or area.
 (D) The person does not--
 (i) conduct the filming or still 
 photography activity in a localized 
 area that receives a very high volume 
 of visitation; and
 (ii) in the discretion of the 
 Secretary, negatively impact the 
 experience of another visitor in the 
 localized area.
 (E) The person conducting the filming or 
 still photography activity does not use a set 
 or staging equipment, subject to the limitation 
 that handheld equipment (such as a tripod, 
 monopod, and handheld lighting equipment) shall 
 not be considered staging equipment for the 
 purposes of this subparagraph.
 (F) The person conducting the filming or 
 still photography activity complies with and 
 adheres to visitor use policies, practices, and 
 regulations applicable to the Federal land 
 management unit.
 (G) The filming or still photography activity 
 is not likely to result in additional 
 administrative costs being incurred by the 
 Secretary concerned with respect to the filming 
 or still photography activity, as determined by 
 the Secretary concerned.
 (H) The person conducting the filming or 
 still photography activity complies with other 
 applicable Federal, State, and local laws 
 (including regulations), including laws 
 relating to the use of unmanned aerial 
 equipment.
 (6) Calculations with respect to number of 
 individuals.--
 (A) In general.--For the purposes of 
 calculating the number of individuals under 
 paragraphs (2), (3), and (4), the Secretary 
 concerned shall only include an individual 
 described in subparagraph (B) that is 
 conducting a filming or still photography 
 activity or that is carrying out or 
 participating as part of a team or crew in a 
 filming or still photography activity at the 
 same time in the same Federal land management 
 unit.
 (B) Description of inidividual.--An 
 individual referred to in subparagraph (A) is a 
 photographer, videographer, director, model, 
 actor, helper, assistant, or any other 
 individual who is purposefully or knowingly on-
 site at the Federal land management unit as a 
 part of the team or crew in a filming or still 
 photography activity.
 (7) Content creation.--Regardless of distribution 
 platform, any video, still photograph, or audio 
 recording for commercial or noncommercial content 
 creation at a Federal land management unit shall be 
 considered to be a filming or still photography 
 activity under this subsection.
 (8) Effect.--
 (A) Permits requested though not required.--
 On the request of a person intending to carry 
 out a filming or still photography activity, 
 the Secretary concerned may issue a permit and 
 assess a reasonable fee for the filming or 
 still photography activity, even if a permit 
 for the filming or still photography activity 
 is not required under this section.
 (B) No additional permits, commercial use 
 authorizations, or fees for filming and still 
 photography at authorized events.--If any 
 activity or event is allowed or authorized 
 under a permit, such as a wedding, engagement 
 party, family reunion, photography club outing, 
 or celebration of a graduate, the activity or 
 event organizers or any relevant party to the 
 activity or event shall not need a separate 
 permit for the filming or still photography 
 activity at the allowed or permitted activity 
 or event.
 (C) Monetary compensation.--The receipt of 
 monetary compensation by the person conducting 
 the filming or still photography activity shall 
 not affect the permissibility of the filming or 
 still photography activity or the application 
 of the requirements under this section.
 (D) Wilderness act applicability.--
 (i) In general.--Nothing in this 
 subsection supersedes the provisions of 
 the Wilderness Act (16 U.S.C. 1131 et 
 seq.).
 (ii) Applicability.--The provisions 
 of this section shall apply in a 
 component of the National Wilderness 
 Preservation System to the extent 
 consistent with the Wilderness Act (16 
 U.S.C. 1131 et seq.).
 (b) Fees and Recovery Costs.--
 (1) Fees.--The reasonable fees referred to in 
 paragraphs (4) and (8)(A) of subsection (a) shall meet 
 each of the following criteria:
 (A) The reasonable fee shall provide a fair 
 return to the United States.
 (B) The reasonable fee shall be based on the 
 following criteria:
 (i) The number of days of the filming 
 or still photography activity.
 (ii) The size of the film or still 
 photography crew present at the Federal 
 land management unit.
 (iii) The quantity and type of film 
 or still photography equipment present 
 at the Federal land management unit.
 (iv) Any other factors that the 
 Secretary concerned determines to be 
 necessary.
 (2) Recovery of costs.--
 (A) In general.--For any permit issued under 
 subsection (a) and in addition to any fee 
 assessed in accordance with paragraph (1), the 
 Secretary concerned shall collect from the 
 applicant for the applicable permit any costs 
 incurred by the Secretary concerned related to 
 a filming or still photography activity subject 
 to a permit under subsection (a)(4), 
 including--
 (i) the costs of the review or 
 issuance of the permit; and
 (ii) related administrative and 
 personnel costs.
 (B) Effect on fees collected.--All costs 
 recovered under subparagraph (A) shall be in 
 addition to the fee described in paragraph (1).
 (3) Use of proceeds.--
 (A) Fees.--All fees collected under this 
 section shall--
 (i) be available for expenditure by 
 the Secretary concerned, without 
 further appropriation, in accordance 
 with the formula and purposes 
 established in the Federal Lands 
 Recreation Enhancement Act (16 U.S.C. 
 6801 et seq.); and
 (ii) remain available until expended.
 (B) Costs.--All costs recovered under 
 paragraph (2)(A) shall--
 (i) be available for expenditure by 
 the Secretary concerned, without 
 further appropriation, at the Federal 
 land management unit at which the costs 
 are collected; and
 (ii) remain available until expended.
 (c) Protection of Resources.--The Secretary concerned may 
create use limits on or require a person to cease, move, or 
modify a filming or still photography activity, whether or not 
the activity has been permitted, if the Secretary concerned 
determines that--
 (1) there is a likelihood that the person would cause 
 resource damage at the Federal land management unit, 
 except as otherwise authorized;
 (2) the person would create an unreasonable disruption 
 of the use and enjoyment by the public of the Federal 
 land management unit;
 (3) the activity would impeded the routine, emergency, 
 or otherwise necessary management and staff operations 
 on the System unit; or
 (4) the filming or still photography activity poses a 
 health or safety risk to the public.
 (d) Processing of Permit Applications.--
 (1) In general.--The Secretary concerned shall 
 establish a process to ensure that the Secretary 
 concerned responds in a timely manner to an application 
 for a permit for a filming or still photography 
 activity required under subsection (a)(4).
 (2) Coordination.--If a permit is required under this 
 section for 2 or more Federal agencies or Federal land 
 management units, the Secretary concerned and the head 
 of any other applicable Federal agency, as applicable, 
 shall, to the maximum extent practicable, coordinate 
 permit processing procedures, including through the use 
 of identifying a lead agency or lead Federal land 
 management unit--
 (A) to review the application for the permit;
 (B) to issue the permit; and
 (C) to collect any required fees.
 (e) Guidance.--Not later than 2 years after the date of 
enactment of the America's Outdoor Recreation Act of 2023, each 
of the Secretary of the Interior and the Secretary of 
Agriculture shall issue guidance to implement this section, 
including establishing a civil penalty for failing to obtain a 
de minimus use authorization required under subsection (a)(3) 
or a permit required under subsection (a)(4).
 (f) Definitions.--In this section:
 (1) Federal land management unit.--The term ``Federal 
 land management unit'' means--
 (A) Federal land (other than National Park 
 System land) under the jurisdiction of the 
 Secretary of the Interior; and
 (B) National Forest System land.
 (2) Secretary concerned.--The term ``Secretary 
 concerned'' means--
 (A) the Secretary of the Interior, with 
 respect to land described in paragraph (1)(A); 
 and
 (B) the Secretary of Agriculture, with 
 respect to land described in paragraph (1)(B).

 Public Law 106-291

 Department of the Interior and Related Agencies Appropriations Act, 
 2001

 AN ACT Making appropriations for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 2001, and for 
other purposes.

 * * * * * * *

TITLE III--GENERAL PROVISIONS

 * * * * * * *

 [SEC. 330. In fiscal year 2012 and each fiscal year 
thereafter, the Secretaries of the Interior and Agriculture, 
subject to annual review of Congress, may establish programs to 
conduct projects, planning, permitting, leasing, contracting 
and other activities, either jointly or on behalf of one 
another; may co-locate in Federal offices and facilities leased 
by an agency of either Department; and may promulgate special 
rules as needed to test the feasibility of issuing unified 
permits, applications, and leases. The Secretaries of the 
Interior and Agriculture may make reciprocal delegations of 
their respective authorities, duties and responsibilities in 
support of the ``Service First'' initiative agency-wide to 
promote customer service and efficiency. Nothing herein shall 
alter, expand or limit the applicability of any public law or 
regulation to lands administered by the Bureau of Land 
Management, National Park Service, Fish and Wildlife Service, 
or the Forest Service or matters under the purview of other 
bureaus or offices of either Department. To facilitate the 
sharing of resources under the Service First initiative, the 
Secretaries of the Interior and Agriculture may make transfers 
of funds and reimbursement of funds on an annual basis, 
including transfers and reimbursements for multi-year projects, 
except that this authority may not be used to circumvent 
requirements and limitations imposed on the use of funds.]

 * * * * * * *

 Public Law 108-447

 Consolidated Appropriations Act, 2005

AN ACT Making appropriations for foreign operations, export financing, 
and related programs for the fiscal year ending September 30, 2005, and 
for other purposes.

 * * * * * * *

DIVISION J--OTHER MATTERS

 * * * * * * *

 VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT

[SEC. 801. SHORT TITLE AND TABLE OF CONTENTS.

 (a) Short Title.--This title may be cited as the ``Federal 
Lands Recreation Enhancement Act''.
 (b) Table of Contents.--The table of contents of this Act 
is as follows:

Sec. 801. Short title and table of contents.
Sec. 802. Definitions.
Sec. 803. Recreation fee authority.
Sec. 804. Public participation.
Sec. 805. Recreation passes.
Sec. 806. Cooperative agreements.
Sec. 807. Special account and distribution of fees and revenues.
Sec. 808. Expenditures.
Sec. 809. Reports.
Sec. 810. Sunset provision.
Sec. 811. Volunteers.
Sec. 812. Enforcement and protection of receipts.
Sec. 813. Repeal of superseded admission and use fee authorities.
Sec. 814. Relation to other laws and fee collection authorities.
Sec. 815. Limitation on use of fees for employee bonuses.]

SEC. 801. SHORT TITLE.

 This title may be cited as the ``Federal Lands Recreation 
Enhancement Act''.

SEC. 802. DEFINITIONS.

 In [this Act] this title:
 [(3)] (1) Entrance fee.--The term ``entrance fee'' 
 means the recreation fee authorized to be charged to 
 enter onto lands managed by the National Park Service 
 or the United States
 (2) Expanded amenity recreation fee.--The term 
 ``expanded amenity recreation fee'' means the 
 recreation fee authorized by [section 3(g)] section 
 803(g).
 Fish and Wildlife Service.
 [(4)] (3) Federal land management agency.--The term 
 ``Federal land management agency'' means the National 
 Park Service, the United States Fish and Wildlife 
 Service, the Bureau of Land Management, the Bureau of 
 Reclamation, or the Forest Service.
 [(5)] (4) Federal recreational lands and waters.--The 
 term ``Federal recreational lands and waters'' means 
 lands or waters managed by a Federal land management 
 agency.
 [(6)] (5) National parks and federal recreational 
 lands pass.--The term ``National Parks and Federal 
 Recreational Lands Pass'' means the interagency 
 national pass authorized by [section 5(a)(7)] section 
 805(a)(7).
 [(7)] (6) Passholder.--The term ``passholder'' means 
 the person who is issued a recreation pass.
 [(8)] (7) Recreation fee.--The term ``recreation 
 fee'' means an entrance fee, standard amenity 
 recreation fee, expanded amenity recreation fee, or 
 special recreation permit fee.
 [(9)] (8) Recreation pass.--The term ``recreation 
 pass'' means the National Parks and Federal 
 Recreational Lands Pass or one of the other recreation 
 passes available as authorized by [section 5(d)] 
 section 805(d).
 (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).
 [(11)] (10) Secretaries.--The term ``Secretaries'' 
 means the Secretary of the Interior and the Secretary 
 of Agriculture acting jointly.
 [(10)] (11) Secretary.--The term ``Secretary'' 
 means--
 (A) the Secretary of the Interior, with 
 respect to a Federal land management agency 
 (other than the Forest Service); and
 (B) the Secretary of Agriculture, with 
 respect to the Forest Service.
 (12) Special account.--The term ``special account'' 
 means the special account established in the Treasury 
 under [section 7] section 807 for a Federal land 
 management agency.
 (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 for not fewer than 75 
 participants;
 (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 activity 
 (including an outfitting and 
 guiding 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;
 (e) 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 transitional special 
 recreation permit authorized 
 under section 312(a) of the 
 America's Outdoor Recreation 
 Act of 2023.
 (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.
 [(13)] (14) Special recreation permit fee.--The term 
 ``special recreation permit fee'' means the fee 
 authorized by [section 3(h)] section 803(h)(2).
 [(1)] (15) Standard amenity recreation fee.--The term 
 ``standard amenity recreation fee'' means the 
 recreation fee authorized by [section 3(f)] section 
 803(f).

SEC. 803. RECREATION FEE AUTHORITY.

 (a) Authority of Secretary.--Beginning in fiscal year 2005 
and thereafter, the Secretary may establish, modify, charge, 
and collect recreation fees at Federal recreational lands and 
waters as provided for in this section.
 (b) Basis for Recreation Fees.--Recreation fees shall be 
established in a manner consistent with the following criteria:
 (1) The amount of the recreation fee shall be 
 commensurate with the benefits and services provided to 
 the visitor.
 (2) The Secretary shall consider the aggregate effect 
 of recreation fees on recreation users and recreation 
 service providers.
 (3) The Secretary shall consider comparable fees 
 charged elsewhere and by other public agencies and by 
 nearby private sector operators.
 (4) The Secretary shall consider the public policy or 
 management objectives served by the recreation fee.
 (5) The Secretary shall obtain input from the 
 appropriate Recreation Resource Advisory Committee, as 
 provided in [section 4(d)] section 804(d).
 (6) The Secretary shall consider such other factors 
 or criteria as determined appropriate by the Secretary.
 (c) Special Considerations.--The Secretary shall establish 
the minimum number of recreation fees and shall avoid the 
collection of multiple or layered recreation fees for similar 
uses, activities, or programs. (d)
 (d) Limitations on Recreation Fees.--
 (1) Prohibition on fees for certain activities or 
 services.--The Secretary shall not charge any standard 
 amenity recreation fee or expanded amenity recreation 
 fee for Federal recreational lands and waters 
 administered by the Bureau of Land Management, the 
 Forest Service, or the Bureau of Reclamation under this 
 [Act] title for any of the following:
 (A) Solely for parking, undesignated parking, 
 or picnicking along roads or trailsides.
 (B) For general access unless specifically 
 authorized under this section.
 (C) For dispersed areas with low or no 
 investment unless specifically authorized under 
 this section.
 (D) For persons who are driving through, 
 walking through, boating through, horseback 
 riding through, or hiking through Federal 
 recreational lands and waters without using the 
 facilities and services.
 (E) For camping at undeveloped sites that do 
 not provide a minimum number of facilities and 
 services as described in subsection (g)(2)(A).
 (F) For use of overlooks or scenic pullouts.
 (G) For travel by private, noncommercial 
 vehicle over any national parkway or any road 
 or highway established as a part of the 
 Federal-aid System, as defined in section 101 
 of title 23,which is commonly used by the 
 public as a means of travel between two places 
 either or both of which are outside any unit or 
 area at which recreation fees are charged under 
 this [Act] title.
 (H) For travel by private, noncommercial 
 vehicle, boat, or aircraft over any road or 
 highway, waterway, or airway to any land in 
 which such person has any property right if 
 such land is within any unit or area at which 
 recreation fees are charged under this [Act] 
 title.

 * * * * * * *

 (4) No restriction on recreation opportunities.--
 Nothing in this [Act] title shall limit the use of 
 recreation opportunities only to areas designated for 
 collection of recreation fees.

 * * * * * * *

 [(h) Special Recreation Permit Fee.--The Secretary may 
issue a special recreation permit, and charge a special 
recreation permit fee in connection with the issuance of the 
permit, for specialized recreation uses of Federal recreational 
lands and waters, such as group activities, recreation events, 
motorized recreational vehicle use.]
 (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 clause (ii), (iii), or (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
 (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), the 
 Secretary shall establish and may 
 charge a predetermined fee, described 
 in clause (ii), 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).
 (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 enactment of 
 the America's Outdoor 
 Recreation Act of 2023;
 (II) be established after the 
 date of enactment of the 
 America's Outdoor Recreation 
 Act of 2023, in accordance with 
 subsection (b);
 (III)(aa) be established 
 after the date of enactment of 
 the America's Outdoor 
 Recreation Act of 2023; 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 enactment of the America's 
 Outdoor Recreation Act of 2023, 
 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 transitional 
 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 for the provision 
 of accommodations, facilities, 
 or services; or
 (II) a commercial use 
 authorization 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 325 of the 
 America's Outdoor Recreation Act of 
 2023.
 (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 
 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.
 (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.
 (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;
 (C) expanded amenity recreation fees; 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. 804. PUBLIC PARTICIPATION.

 * * * * * * *

 [(e) Miscellaneous Administrative Provisions Regarding 
Recreation Fees and Recreation Passes.--
 (1) Notice of entrance fees, standard amenity 
 recreation fees, and passes.--The Secretary shall post 
 clear notice of any entrance fee, standard amenity 
 recreation fee, and available recreation passes at 
 appropriate locations in each unit or area of a Federal 
 land management agency where an entrance fee or a 
 standard amenity recreation fee is charged. The 
 Secretary shall include such notice in publications 
 distributed at the unit or area.
 (2) Notice of recreation fee projects.--To the extent 
 practicable, the Secretary shall post clear notice of 
 locations where work is performed using recreation fee 
 or recreation pass revenues collected under this Act.]

SEC. 805. RECREATION PASSES.

 (a) America the Beautiful-the National Parks and Federal 
Recreational Lands Pass.--

 * * * * * * *

 (6) Sales locations and marketing.--
 [(A) In general.--The Secretary shall sell 
 the National Parks and Federal Recreational 
 Lands Pass at all Federal recreational lands 
 and waters at which an entrance fee or a 
 standard amenity recreation fee is charged and 
 at such other locations as the Secretaries 
 consider appropriate and feasible.]
 (A) In general.--The Secretaries shall sell 
 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 are feasible;
 (ii) at such other locations as the 
 Secretaries determine to be appropriate 
 and feasible; and
 (iii) through the website of each of 
 the Federal land management agencies 
 and the websites of the relevant units 
 and subunits of the Federal land 
 management agencies, which shall 
 include--
 (I) a prominent link on each 
 website; and 
 (II) information about where 
 and when the National Parks and 
 Federal Recreational Lands Pass 
 may be used.
 (B) Use of vendors.--The Secretary may enter 
 into fee management agreements as provided in 
 section 6.
 (C) Marketing.--The Secretaries shall take 
 such actions as are appropriate to provide for 
 the active marketing of the National Parks and 
 Federal Recreational Lands Pass.
 (7) Administrative guidelines.--The Secretaries shall 
 issue guidelines on administration of the National 
 Parks and Federal Recreational Lands Pass, which shall 
 include agreement on price, the distribution of 
 revenues between the Federal land management agencies, 
 the sharing of costs, benefits provided, marketing and 
 design, adequate documentation for discounts under 
 subsection (b), and the issuance of that recreation 
 pass to volunteers. The Secretaries shall take into 
 consideration all relevant visitor and sales data 
 available in establishing the guidelines.
 (8) Development and implementation agreements.--The 
 Secretaries may enter into cooperative agreements with 
 governmental and nongovernmental entities for the 
 development and implementation of the National Parks 
 and Federal Recreational Lands Pass Program.
 (9) Prohibition on other national recreation 
 passes.--The Secretary may not establish any national 
 recreation pass, except as provided in this section.
 (10) Digital recreation passes.--By 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; and
 (B) on the completion of a sale carried out 
 under paragraph (6)(A)(iii), make available to 
 the passholder the digital version of the 
 National Parks and Federal Recreational Lands 
 Pass established under subparagraph (A).

 * * * * * * *

SEC. 806. COOPERATIVE AGREEMENTS

 (a) Fee Management Agreement.--Notwithstanding chapter 63 
of title 31, the Secretary may enter into a fee management 
agreement, including a contract, which may provide for a 
reasonable commission, reimbursement, or discount, with the 
following entities for the following purposes:
 (1) With any governmental or nongovernmental entity, 
 including those in a gateway community, for the purpose 
 of obtaining fee collection and processing services, 
 including visitor reservation services.
 (2) With any governmental or nongovernmental entity, 
 including those in a gateway community, for the purpose 
 of obtaining emergency medical services.
 (3) With any governmental entity, including those in 
 a gateway community, to obtain law enforcement 
 services.
 (b) Revenue Sharing.--A State or legal subdivision of a 
State that enters into an agreement with the Secretary under 
subsection (a) may share in a percentage of the revenues 
collected at the site in accordance with that fee management 
agreement.
 (c) County Proposals.--The Secretary shall consider any 
proposal submitted by a county to provide services described in 
subsection (a). If the Secretary decides not to enter into a 
fee management agreement with the county under subsection (a), 
the Secretary shall notify the county in writing of the 
decision, identifying the reasons for the decision. The fee 
management agreement may include cooperative site planning and 
management provisions.
 (d) Federal Sales of State and County Recreation Passes.--
 (1) In general.--On receipt of a request by a State 
 or county, the Secretaries may, on behalf of the State 
 or county--
 (A) sell a pass covering a fee charged by a 
 State or county for entrance to, or 
 recreational use of, a park or public land in 
 the State or county; and
 (B) collect any required fees for a pass sold 
 under subparagraph (A).
 (2) Revenue from pass sales.--The Secretaries shall 
 transfer to the applicable State or county any amounts 
 collected on behalf of the State or county under 
 paragraph (1)(B).
 (e) Coordinating the Sales of Federal, State, and Local 
Recreation Passes.--The Secretaries, in consultation with 
States and counties, shall seek to coordinate the availability 
of Federal, State, and county recreation passes to allow an 
individual to purchase a Federal recreation pass and a State or 
county recreation pass in a single transaction.

 * * * * * * *

SEC. 808. EXPENDITURES

 (a) Use of Fees at Specific Site or Area.--Amounts 
available for expenditure at a specific site or area--
 (1) shall be accounted for separately from the 
 amounts collected;
 (2) may be distributed agency-wide; and
 (3) shall be used only for--
 (A) repair, maintenance, and facility 
 enhancement related directly to visitor 
 enjoyment, visitor access, and health and 
 safety;
 (B) interpretation, visitor information, 
 visitor service, visitor needs assessments, and 
 signs;
 (C) habitat restoration directly related to 
 wildlife-dependent recreation that is limited 
 to hunting, fishing, wildlife observation, or 
 photography;
 (D) law enforcement related to public use and 
 recreation;
 (E) direct operating or capital costs 
 associated with the recreation fee program; 
 [and]
 (F) a fee management agreement established 
 under section [6(a)]806(a) or a visitor 
 reservation service[.];
 (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).
 (b) Limitation on Use of Fees.--The Secretary may not use 
any recreation fees for biological monitoring on Federal 
recreational lands and waters under the Endangered Species Act 
of 1973 for listed or candidate species.
 (c) Administration, Overhead, and Indirect Costs.-- The 
Secretary may use not more than an average of 15 percent of 
total revenues collected under this [Act] title for 
administration, overhead, and indirect costs related to the 
recreation fee program by that Secretary.
 (d) Transitional Exception.-- Notwithstanding any other 
provision of this [Act] title, the Secretary may use amounts 
available in the special account of a Federal land management 
agency to supplement administration and marketing costs 
associated with--
 (1) the National Parks and Federal Recreational Lands 
 Pass during the 5-year period beginning on the date the 
 joint guidelines are issued under [section 5] section 
 805(a)(7); and
 (2) a regional multientity pass authorized [section 
 5] section 805(d) during the 5-year period beginning on 
 the date the regional multientity pass agreement for 
 that recreation pass takes effect.

 * * * * * * *

[SEC. 810. SUNSET PROVISION.

 The authority of the Secretary to carry out this Act shall 
terminate 10 years after the date of the enactment of this 
Act.]

SEC. [811]810. VOLUNTEERS.

 * * * * * * *

SEC. [812]811. ENFORCEMENT AND PROTECTION OF RECEIPTS.

 * * * * * * *

SEC. [813]812. REPEAL OF SUPERSEDED ADMISSION AND USE FEE AUTHORITIES.

 * * * * * * *

SEC. [814]813. RELATION TO OTHER LAWS AND FEE COLLECTION AUTHORITIES.

 * * * * * * *

SEC. [815]814. LIMITATION ON USE OF FEES FOR EMPLOYEE BONUSES

 * * * * * * *

 Public Law 117-114

 Modernizing Access to Our Public Land Act

 AN ACT To require the Secretary of the Interior, the Secretary of 
Agriculture, and the Assistant Secretary of the Army for Civil Works to 
 digitize and make publicly available geographic information system 
 mapping data relating to public access to Federal land and waters for 
outdoor recreation, and for other purposes.

 * * * * * * *

SEC. 3. INTERAGENCY DATA STANDARDIZATION.

 Not later than 30 months after the date of enactment of 
this Act, the Secretaries shall jointly develop and adopt 
interagency standards to ensure compatibility and 
interoperability among applicable Federal databases with 
respect to the collection and dissemination of data--
 (1) relating to [public outdoor recreational use] 
 recreation sites on Federal land; and
 (2) used to depict locations at which recreation uses 
 are available to the public.

SEC. 4. DIGITIZATION AND PUBLICATION OF EASEMENTS.

 (a) In General.--Not later than 4 years after the date of 
enactment of this Act, each of the Secretaries, to the maximum 
extent practicable, shall digitize and publish on the 
applicable agency website geographic information system mapping 
data that specifies, with respect to the relevant Secretary, 
all Federal interests in private land, including easements 
(other than flowage easements), reservations, and rights-of-
way--
 (1) to which the Federal Government does not have a 
 fee title interest; and
 (2) that may be used to provide public recreational 
 access to the Federal land.
 (b) Public Comment.--The Secretaries shall develop a 
process to allow members of the public to submit questions or 
comments regarding the information described in subsection (a).

SEC. 5. DATA CONSOLIDATION AND PUBLICATION OF ROUTE AND AREA DATA 
 PUBLIC RECREATIONAL USE.

 (a) In General.--Beginning not later than 5 years after the 
date of enactment of this Act, each of the Secretaries, to the 
maximum extent practicable, shall make publicly available on 
the website of the Department of the Interior, the Forest 
Service, and the Corps of Engineers, as applicable, geographic 
information system data with respect to the following:
 (1) Status information with respect to whether roads 
 and trails on the Federal land are open or closed.
 (2) The dates on which roads and trails on the 
 Federal land are seasonally closed.
 (3) The classes of vehicles and types of recreational 
 uses that are allowed on each segment of roads and 
 trails on the Federal land, including the 
 permissibility of--
 (A) off-highway vehicles;
 (B) motorcycles;
 (C) nonmotorized bicycles;
 (D) electric bicycles;
 (E) passenger vehicles;
 (F) nonmechanized transportation; and
 (G) over-snow vehicles.
 (4) The boundaries of areas where hunting or 
 recreational shooting (including archery, firearm 
 discharge, and target shooting) is [permanently 
 restricted or prohibited] regulated or closed on the 
 Federal land.
 (b) Updates.--
 (1) In general.--The Secretaries, to the maximum 
 extent practicable, shall update the data described in 
 subsection (a) not less frequently than twice per year.
 (2) Public comment.--The Secretaries shall develop a 
 process to allow members of the public to submit 
 questions or comments regarding the information 
 described in subsection (a).
 (c) Effect.--Geographic information system data made 
publicly available under subsection (a) shall not disclose 
information regarding the nature, location, character, or 
ownership of historic, paleontological, or archaeological 
resources, consistent with applicable law.

SEC. 6. COOPERATION AND COORDINATION.

 (a) Third-Party Providers.--The Secretaries may enter into 
an agreement with a third party to carry out any provision of 
this Act.
 (b) US Geological Survey.--The Secretaries [may] shall work 
with the Director of the United States Geological Survey to 
collect, aggregate, digitize, standardize, or publish data on 
behalf of [the Secretary of the Interior] the Secretaries to 
meet the requirements of this Act.

 * * * * * * *

 TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

 Subtitle I--National Park System

Division A--Establishment and General Administration

 * * * * * * *

 Chapter 1009--Administration

Sec.
100901. Authority of Secretary to carry out certain activities.
100902. Rights of way for public utilities and power and communication 
 facilities.
100903. Solid waste disposal operations.
100904. Admission and special recreation uses fees.
[100905. Commercial filming.]
100905. Filming and still photography in System units.
100906. Advisory committees.

[Sec. 100905. Commercial filming

 (a) Commercial Filming Fee.--
 (1) In general.--The Secretary shall require a permit 
 and shall establish a reasonable fee for commercial 
 filming activities or similar projects in a System 
 unit. The fee shall provide a fair return to the United 
 States and shall be based on the following criteria:
 (A) The number of days the filming activity 
 or similar project takes place in the System 
 unit.
 (B) The size of the film crew present in the 
 System unit.
 (C) The amount and type of equipment present 
 in the System unit.
 (2) Other factors.--The Secretary may include other 
 factors in determining an appropriate fee as the 
 Secretary considers necessary.
 (b) Recovery of Costs.--The Secretary shall collect any 
costs incurred as a result of filming activities or similar 
projects, including administrative and personnel costs. All 
costs recovered shall be in addition to the fee assessed in 
subsection (a).
 (c) Still Photography.--
 (1) In general.--Except as provided in paragraph (2), 
 the Secretary shall not require a permit or assess a 
 fee for still photography in a System unit if the 
 photography takes place where members of the public are 
 generally allowed. The Secretary may require a permit, 
 assess a fee, or both, if the photography takes place 
 at other locations where members of the public are 
 generally not allowed, or where additional 
 administrative costs are likely.
 (2) Exception.--The Secretary shall require and shall 
 establish a reasonable fee for still photography that 
 uses models or props that are not a part of the site's 
 natural or cultural resources or administrative 
 facilities.
 (d) Protection of Resources.--The Secretary shall not 
permit any filming, still photography or other related activity 
if the Secretary determines that--
 (1) there is a likelihood of resource damage;
 (2) there would be an unreasonable disruption of the 
 public's use and enjoyment of the site; or
 (3) the activity poses health or safety risks to the 
 public.
 (e) Use of Proceeds.--
 (1) Fees.--All fees collected under this section 
 shall be available for expenditure by the Secretary, 
 without further appropriation and shall remain 
 available until expended.
 (2) Costs.--All costs recovered under this section 
 shall be available for expenditure by the Secretary, 
 without further appropriation, at the site where the 
 costs are collected and shall remain available until 
 expended.
 (f) Processing of Permit Applications.--The Secretary shall 
establish a process to ensure that the Secretary responds in a 
timely manner to permit applicants for commercial filming, 
still photography, or other activity.]

Sec. 100905. Filming and still photography in System units

 (a) Filming and Still Photography.--
 (1) In general.--The Secretary shall ensure that a 
 filming or still photography activity or similar 
 recording project in a System unit (referred to in this 
 section as a `filming or still photography activity') 
 and the authorizing or permitting of a filming or still 
 photography activity are carried out in accordance 
 with--
 (A) the laws and policies applicable to the 
 Service;
 (B) the applicable general management plan; 
 and
 (C) this section.
 (2) No permits required.--The Secretary shall not 
 require an authorization or a permit or assess a fee, 
 if a fee for a filming or still photography activity is 
 not otherwise required by law, for a filming or still 
 photography activity that--
 (A)(i) involves fewer than 6 individuals; and
 (ii) meets each of the requirements 
 described in paragraph (5);
 (B) is merely incidental to an activity or 
 event that is allowed or authorized at the 
 System unit, regardless of--
 (i) the number of individuals 
 participating in the allowed or 
 authorized activity or event; or
 (ii) whether any individual receives 
 compensation for any products of the 
 filming or still photography activity; 
 or
 (C) is a news-gathering activity, unless the 
 news-gathering activity--
 (i) involves more than 8 individuals; 
 or
 (ii) does not meet each of the 
 requirements described in paragraph 
 (5).
 (3) Filming and still photography authorizations for 
 de minimis use.--
 (A) In general.--The Secretary shall 
 establish a de minimis use authorization for 
 filming or still photography activities that 
 meets the requirements described in 
 subparagraph (F).
 (B) Policy.--For a filming or still 
 photography activity that meets the 
 requirements described in subparagraph (F), the 
 Secretary--
 (i) may require a de minimis use 
 authorization; and
 (ii) shall not require a permit.
 (C) No fee.--The Secretary shall not charge a 
 fee for a de minimis use authorization under 
 this paragraph.
 (D) Application.--The Secretary shall provide 
 for a person to apply for and obtain a de 
 minimis use authorization under this 
 paragraph--
 (i) through the website of the 
 Service; and
 (ii) in person at the field office of 
 the applicable System unit.
 (E) Issuances.--The Secretary shall--
 (i) establish a procedure--
 (I) to automate the approval 
 of an application submitted 
 through the website of the 
 Service under subparagraph 
 (D)(i); and
 (II) to issue a de minimis 
 use authorization under this 
 paragraph immediately on 
 receipt of an application that 
 is submitted in person at the 
 field office of the applicable 
 System unit under subparagraph 
 (D)(ii); and
 (ii) if an application submitted 
 under subparagraph (D) meets the 
 requirements of this paragraph, 
 immediately on receipt of the 
 application issue a de minimis use 
 authorization for the filming or still 
 photography activity.
 (F) Requirements.--The Secretary shall only 
 issue a de minimis use authorization under this 
 paragraph if the filming or still photography 
 activity--
 (i) involves a group of not fewer 
 than 6 individuals and not more than 8 
 individuals;
 (ii) meets each of the requirements 
 described in paragraph (5);
 (iii) is consistent with subsection 
 (c); and
 (iv) is not a filming or still 
 photography activity described in 
 subparagraph (B) or (C) of paragraph 
 (2).
 (G) Contents.--A de minimis use authorization 
 issued under this paragraph shall list the 
 requirements described in subparagraph (F).
 (4) Required permits.--Except as provided in 
 paragraph (2)(B), the Secretary may require a permit 
 application and, if a permit is issued, assess a 
 reasonable fee, as described in subsection (b)(1), for 
 a filming or still photography activity that--
 (A) involves more than 8 individuals; or
 (B) does not meet each of the requirements 
 described in paragraph (5).
 (5) Requirements for filming or still photography 
 activity.--The requirements referred to in paragraphs 
 (2)(A)(ii), (2)(C)(ii), (3)(F)(ii), and (4)(B) are as 
 follows:
 (A) A person conducts the filming or still 
 photography activity in a manner that--
 (i) does not impede or intrude on the 
 experience of other visitors to the 
 applicable System unit;
 (ii) except as otherwise authorized, 
 does not disturb or negatively impact--
 (I) a natural or cultural 
 resource; or
 (II) an environmental or 
 scenic value; and
 (iii) allows for equitable allocation 
 or use of facilities of the applicable 
 System unit.
 (B) The person conducts the filming or still 
 photography activity at a location in which the 
 public is allowed.
 (C) The person conducting the filming or 
 still photography activity does not require the 
 exclusive use of a site or area.
 (D) The person does not--
 (i) conduct the filming or still 
 photography activity in a localized 
 area that receives a very high volume 
 of visitation; and
 (ii) in the discretion of the 
 Secretary, negatively impact the 
 experience of another visitor in the 
 localized area.
 (E) The person conducting the filming or 
 still photography activity does not use a set 
 or staging equipment, subject to the limitation 
 that handheld equipment (such as a tripod, 
 monopod, and handheld lighting equipment) shall 
 not be considered staging equipment for the 
 purposes of this subparagraph.
 (F) The person conducting the filming or 
 still photography activity complies with and 
 adheres to visitor use policies, practices, and 
 regulations applicable to the applicable System 
 unit.
 (G) The filming or still photography activity 
 is not likely to result in additional 
 administrative costs being incurred by the 
 Secretary with respect to the filming or still 
 photography activity, as determined by the 
 Secretary.
 (H) The person conducting the filming or 
 still photography activity complies with other 
 applicable Federal, State, and local laws 
 (including regulations), including laws 
 relating to the use of unmanned aerial 
 equipment.
 (6) Calculations with respect to number of 
 individuals.--
 (A) In general.--For the purposes of 
 calculating the number of individuals under 
 paragraphs (2), (3), and (4), the Secretary 
 shall only include an individual described in 
 subparagraph (B) that is conducting a filming 
 or still photography activity or that is 
 carrying out or participating as part of a team 
 or crew in a filming or still photography 
 activity at the same time in the same System 
 unit.
 (B) Description of individual.--an individual 
 referred to in subparagraph (A) is a 
 photographer, videographer, director, model, 
 actor, helper, assistant, or any other 
 individual who is purposefully or knowingly on-
 site at the System unit as part of a team or 
 crew in a filming or still photography 
 activity.
 (7) Content creation.--Regardless of distribution 
 platform, any video, still photograph, or audio 
 recording for commercial or noncommercial content 
 creation in a System unit shall be considered to be a 
 filming or still photography activity under this 
 subsection.
 (8) Effect.--
 (A) Permits requested though not required.--
 On the request of a person intending to carry 
 out a filming or still photography activity, 
 the Secretary may issue a permit and assess a 
 reasonable fee for the filming or still 
 photography activity, even if a permit for the 
 filming or still photography activity is not 
 required under this section.
 (B) No additional permits, commercial use 
 authorizations, or fees for filming and still 
 photography at authorized events.--If an 
 activity or event is allowed or authorized 
 under a permit, such as a wedding, engagement 
 party, family reunion, photography club outing, 
 or celebration of a graduate, the activity or 
 event organizers or any relevant party to the 
 activity or event shall not need a separate 
 permit for the filming or still photography 
 activity at the allowed or permitted activity 
 or event.
 (C) Monetary compensation.--The receipt of 
 monetary compensation by the person conducting 
 the filming or still photography activity shall 
 not affect the permissibility of the filming or 
 still photography activity or the application 
 of the requirements under this section.
 (D) Wilderness act applicability.--
 (i) In general.--Nothing in this 
 subsection supersedes the provisions of 
 the Wilderness Act (16 U.S.C. 1131 et 
 seq.).
 (ii) Applicability.--The provisions 
 of this section shall apply in a 
 component of the National Wilderness 
 Preservation System to the extent 
 consistent with the Wilderness Act (16 
 U.S.C. 1131 et seq.).
 (b) Fees and Recovery Costs.--
 (1) Fees.--The reasonable fees referred to in 
 paragraphs (4) and (8)(A) of subsection (a) shall meet 
 each of the following criteria:
 (A) The reasonable fee shall provide a fair 
 return to the United States.
 (B) The reasonable fee shall be based on the 
 following criteria:
 (i) The number of days of the filming 
 or still photography activity.
 (ii) The size of the film or still 
 photography crew present at the System 
 unit.
 (iii) The quantity and type of film 
 or still photography equipment present 
 at the System unit.
 (iv) Any other factors that the 
 Secretary determines to be necessary.
 (2) Recovery of costs.--
 (A) In general.--For any permit issued under 
 subsection (a) and in addition to any fee 
 assessed in accordance with paragraph (1), the 
 Secretary shall collect from the applicant for 
 the applicable permit any costs incurred by the 
 Secretary related to a filming or still 
 photography activity subject to a permit under 
 subsection (a)(4), including--
 (i) the costs of the review or 
 issuance of the permit; and
 (ii) related administrative and 
 personnel costs.
 (B) Effect on fees collected.--All costs 
 recovered under subparagraph (A) shall be in 
 addition to the fee described in paragraph (1).
 (3) Use of proceeds.--
 (A) Fees.--All fees collected under this 
 section shall--
 (i) be available for expenditure by 
 the Secretary, without further 
 appropriation, in accordance with the 
 formula and purposes established under 
 the Federal Lands Recreation 
 Enhancement Act (16 U.S.C. 6801 et 
 seq.); and
 (ii) remain available until expended.
 (B) Costs.--All costs recovered under 
 paragraph (2)(A) shall--
 (i) be available for expenditure by 
 the Secretary, without further 
 appropriation, at the System unit at 
 which the costs are collected; and
 (ii) remain available until expended.
 (c) Protection of Resources.--The Secretary may create use 
limits on or require a person to cease, move, or modify a 
filming or still photography activity, whether or not the 
activity has been permitted, if the Secretary determines that--
 (1) there is a likelihood that the person would cause 
 resource damage at the System unit, except as otherwise 
 authorized;
 (2) the person would create an unreasonable 
 disruption of the use and enjoyment by the public of 
 the System unit;
 (3) the activity would impede the routine, emergency, 
 or otherwise necessary management and staff operations 
 on the System unit; or
 (4) the filming or still photography activity poses a 
 health or safety risk to the public.
 (d) Processing of Permit Applications.--
 (1) In general.--The Secretary shall establish a 
 process to ensure that the Secretary responds in a 
 timely manner to an application for a permit for a 
 filming or still photography activity required under 
 subsection (a)(4).
 (2) Coordination.--If a permit is required under this 
 section for 2 or more Federal agencies or System units, 
 the Secretary and the head of any other applicable 
 Federal agency, as applicable, shall, to the maximum 
 extent practicable, coordinate permit processing 
 procedures, including through the use of identifying a 
 lead agency or lead System unit--
 (A) to review the application for the permit;
 (B) to issue the permit; and
 (C) to collect any required fees.
 (e) Guidance.--Not later than 2 years after the date of 
enactment of the America's Outdoor Recreation Act of 2023, the 
Secretary shall issue guidance to implement this section, 
including establishing a civil penalty for failing to obtain a 
de minimis use authorization required under subsection (a)(3) 
or a permit required under subsection (a)(4).

 * * * * * * *

Chapter 1049--Miscellaneous

 * * * * * * *

Sec. 104909. Wildlife management in parks

 (a) Use of Qualified Volunteers.--If the Secretary 
determines it is necessary to reduce the size of a wildlife 
population on System land in accordance with applicable law 
(including regulations), the Secretary may use qualified 
volunteers to assist in carrying out wildlife management on 
System land.
 (b) Requirements for Qualified Volunteers.--Qualified 
volunteers providing assistance under subsection (a) shall be 
subject to--
 (1) any training requirements or qualifications 
 established by the Secretary; and
 (2) any other terms and conditions that the Secretary 
 may require.
 (c) Donations.--The Secretary may authorize the donation 
and distribution of meat [from] and any other part of an animal 
removed pursuant to wildlife management activities carried out 
under this section, including the donation and distribution to 
Indian Tribes, qualified volunteers, food banks, and other 
organizations that work to address hunger, in accordance with 
applicable health guidelines and such terms and conditions as 
the Secretary may require.

 * * * * * * *

 Subtitle II--Outdoor Recreation Programs

 Chapter 2001--Coordination of Programs

Sec.
200101. Findings and declaration of policy.
200102. Definitions.
200103. Authority of Secretary to carry out certain functions and 
 activities.
[200104. Consultations of Secretary with administrative officers; 
 execution of administrative responsibilities in conformity 
 with nationwide plan.
200104. Federal Interagency Council on Outdoor Recreation.

 * * * * * * *

Sec. 200103. Authority of Secretary to carry out certain functions and 
 activities

 (a) In General.--To carry out this chapter, the Secretary 
may perform the functions and activities described in this 
section.
 (b) Inventory and Evaluation.--The Secretary may prepare 
and maintain a continuing inventory and evaluation of outdoor 
recreation needs and resources of the United States.
 (c) Classification System.--The Secretary may prepare a 
system for classification of outdoor recreation resources to 
assist in the effective and beneficial use and management of 
such resources.
 [(d) Recreation Plan.--The Secretary may formulate and 
maintain a comprehensive nationwide outdoor recreation plan, 
taking into consideration the plans of the various Federal 
agencies, States, and their political subdivisions. The plan 
shall set forth the needs and demands of the public for outdoor 
recreation and the current and foreseeable availability in the 
future of outdoor recreation resources to meet those needs. The 
plan shall identify critical outdoor recreation problems, 
recommend solutions, and recommend desirable actions to be 
taken at each level of government and by private interests. The 
Secretary shall submit the plan to the President for 
transmittal to Congress. Revisions of the plan shall be 
similarly transmitted at succeeding 5-year intervals. When a 
plan or revision is transmitted to the Congress, the Secretary 
shall transmit copies to the chief executive officials of the 
States.]
 [(e)](d) Technical Assistance and Advice.--The Secretary 
may provide technical assistance and advice to and cooperate 
with States, political subdivisions, and private interests, 
including nonprofit organizations, with respect to outdoor 
recreation.
 [(f)](e) Interstate and Regional Cooperation.--The 
Secretary may encourage interstate and regional cooperation in 
the planning, acquisition, and development of outdoor 
recreation resources.
 [(g)](f) Research, Information, and Education Programs and 
Activities.--The Secretary may--
 (1) sponsor, engage in, and assist in research 
 relating to outdoor recreation, directly or by contract 
 or cooperative agreements, and make payments for such 
 purposes without regard to the limitations of section 
 3324(a) and (b) of title 31 concerning advances of 
 funds when the Secretary considers such action to be in 
 the public interest;
 (2) undertake studies and assemble information 
 concerning outdoor recreation, directly or by contract 
 or cooperative agreement, and disseminate the 
 information without regard to section 3204 of title 39; 
 and
 (3) cooperate with educational institutions and 
 others to assist in establishing education programs and 
 activities and to encourage public use and benefits 
 from outdoor recreation.
 [(h)](g) Cooperation and Coordination With Federal 
Agencies.--
 (1) In general.--The Secretary may--(A) cooperate 
 with and provide technical assistance to Federal 
 agencies and obtain from them information, data, 
 reports, advice, and assistance that are needed and can 
 reasonably be furnished in carrying out the purposes of 
 this chapter; and
 (B) promote coordination of Federal plans and 
 activities generally relating to outdoor 
 recreation.
 (2) Funding.--An agency furnishing advice or 
 assistance under this paragraph may expend its own 
 funds for those purposes, with or without 
 reimbursement, as may be agreed to by that agency.
 [(i)](h) Donations.--The Secretary may accept and use 
donations of money, property, personal services, or facilities 
for the purposes of this chapter.

[Sec. 200104. Consultations of Secretary with administrative officers; 
 execution of administrative responsibilities in 
 conformity with nationwide plan

 To carry out the policy declared in section 200101 of this 
title, the heads of Federal agencies having administrative 
responsibility over activities or resources the conduct or use 
of which is pertinent to fulfillment of that policy shall, 
individually or as a group--
 (1) consult with and be consulted by the Secretary 
 from time to time both with respect to their conduct of 
 those activities and their use of those resources and 
 with respect to the activities that the Secretary 
 carries on under authority of this chapter that are 
 pertinent to their work; and
 (2) carry out that responsibility in general 
 conformance with the nationwide plan authorized under 
 section 200103(d) of this title.]

Sec. 200104. Federal Interagency Council on Outdoor Recreation

 (a) Definitions.--In this section:
 (1) Council.--The term ``Council'' means the Federal 
 Interagency Council on Outdoor Recreation established 
 under subsection (b).
 (2) Federal recreational lands and waters.--The term 
 ``Federal recreational lands and waters'' has the 
 meaning given the term in section 802 of the Federal 
 Lands Recreation Enhancement Act (16 U.S.C. 6801).
 (b) Establishment.--The Secretary shall establish an 
interagency council, to be known as the ``Federal Interagency 
Council on Outdoor Recreation''.
 (c) Composition.--
 (1) In general.--The Council shall be composed of 
 representatives of the following departments and 
 agencies, to be appointed by the head of the applicable 
 department or agency:
 (A) The National Park Service.
 (B) The Bureau of Land Management.
 (C) The United States Fish and Wildlife 
 Service.
 (D) The Bureau of Indian Affairs.
 (E) The Bureau of Reclamation.
 (F) The Forest Service.
 (G) The Corps of Engineers.
 (H) The National Oceanic and Atmospheric 
 Administration.
 (2) Additional participants.--In addition to the 
 members described in paragraph (1), the Secretary may 
 invite participation in the meetings or other 
 activities of the Council from among the following:
 (A) The Council of Environmental Quality.
 (B) The Natural Resources Conservation 
 Service.
 (C) Rural development programs of the 
 Department of Agriculture.
 (D) The Economic Development Administration.
 (E) The National Travel and Tourism Office of 
 the Department of Commerce.
 (F) The National Center for Chronic Disease 
 Prevention and Health Promotion.
 (G) The Environmental Protection Agency.
 (H) The Department of Transportation.
 (I) The Tennessee Valley Authority.
 (J) The Bureau of Economic Analysis of the 
 Department of Commerce.
 (K) The National Marine Fisheries Service.
 (L) The Federal Energy Regulatory Commission.
 (M) The Federal Highway Administration.
 (N) An applicable State agency or office.
 (O) An applicable agency or office of a local 
 government.
 (3) State coordination.-- In determining additional 
 participants under paragraph (2), the Secretary shall 
 seek to ensure that not fewer than 1 State is invited 
 to participate in each meeting or other activity of the 
 Council.
 (4) Leadership.--The leadership of the Council shall 
 rotate annually among the members of the Council 
 described in paragraph (1), or as otherwise determined 
 by the Secretary, in consultation with the Secretary of 
 Agriculture, the Secretary of Commerce, and the 
 Secretary of Defense.
 (5) Funding.--Notwithstanding section 708 of division 
 E of the Consolidated Appropriations Act, 2023 (Public 
 Law 117-328), the members of the Council described in 
 paragraph (1) may enter into agreements to share the 
 management and operational costs of the Council.
 (d) Coordination.--The Council shall meet as frequently as 
appropriate for the purposes of coordinating--
 (1) the implementation of the America's Outdoor 
 Recreation Act of 2023, including carrying out any 
 reports required under that Act or an amendment made by 
 that Act;
 (2) recreation management policies across Federal 
 agencies, including implementation of the Federal Lands 
 Recreation Enhancement Act (16 U.S.C. 6801 et seq.);
 (3) the response by an agency that manages Federal 
 recreational lands and waters to public health 
 emergencies or other emergencies that result in 
 disruptions to, or closures of, Federal recreational 
 lands and waters;
 (4) the expenditure of funds relating to outdoor 
 recreation on Federal recreational lands and waters, 
 including funds made available under section 
 40804(b)(7) of the Infrastructure Investment and Jobs 
 Act (16 U.S.C. 6592a(b)(7));
 (5) the adoption and expansion of emerging 
 technologies on Federal recreational lands and waters;
 (6) research activities, including quantifying the 
 economic impacts of recreation;
 (7) dissemination to the public of outdoor 
 recreation-related information (including information 
 relating to opportunities, reservations, accessibility, 
 and closures), in a manner that ensures the recreation-
 related information is easily accessible with modern 
 communication devices;
 (8) the improvement of access to Federal recreational 
 lands and waters; and
 (9) the identification and engagement of partners 
 outside the Federal Government--
 (A) to promote outdoor recreation;
 (B) to facilitate collaborative management of 
 outdoor recreation; and
 (C) to provide additional resources relating 
 to enhancing outdoor recreation opportunities.
 (e) Effect.--Nothing in this section affects the 
authorities, regulations, or policies of any Federal agency 
described in paragraph (1) or (2) of subsection (c).

Source: S. Rept. 118-79 · govinfo

Action History

  1. Committee on Small Business and Entrepreneurship. Hearings held. Hearings printed: S.Hrg. 118-232.

  2. Committee on Energy and Natural Resources. Reported by Senator Manchin with amendments. With written report No. 118-79.

  3. Committee on Energy and Natural Resources. Reported by Senator Manchin with amendments. With written report No. 118-79.

  4. Placed on Senate Legislative Calendar under General Orders. Calendar No. 172.

  5. Committee on Energy and Natural Resources. Ordered to be reported with amendments favorably.

  6. Introduced in Senate

  7. Read twice and referred to the Committee on Energy and Natural Resources.

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 545 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (545)

545 members have not signed on to this bill.

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Frequently asked questions

Who sponsors S 873?
S 873 is sponsored by Manchin, Joe, III (Independent).
What is the current status of S 873?
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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