16 U.S.C. § 8201 — Purpose

Page 2729 TITLE 16—CONSERVATION § 8201 and private wetlands, and agricultural lands damaged by nutria. (b) Activities In the State of Maryland, the Secretary shall require that the program consist of manage- ment, research, and public education activities carried out in accordance with the document published by the United States Fish and Wildlife Service entitled ‘‘Eradication Strategies for Nu- tria in the Chesapeake and Delaware Bay Water- sheds’’, dated March 2002. (c) Cost sharing (1) Federal share The Federal share of the costs of a State program referred to in subsection (a) may not exceed 75 percent of the total costs of the pro- gram. (2) In-kind contributions The non-Federal share of the costs of a State program referred to in subsection (a) may be provided in the form of in-kind contributions of materials or services. (d) Limitation on administrative expenses Not more than 5 percent of financial assist- ance provided to a State by the Secretary under this section may be used for administrative ex- penses. (e) Authorization of appropriations For financial assistance under this section, there is authorized to be appropriated to the Secretary $12,000,000 for each of fiscal years 2021 through 2025. (Pub. L. 108–16, § 3, Apr. 23, 2003, 117 Stat. 621; Pub. L. 116–186, § 1(2), Oct. 30, 2020, 134 Stat. 901.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 108–16, Apr. 23, 2003, 117 Stat. 621, known as the Nutria Eradication and Control Act of 2003, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8101 of this title and Tables. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–186, § 1(2)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary of the Interior (in this chapter referred to as the ‘Secretary’), subject to the avail- ability of appropriations, may provide financial assist- ance to the State of Maryland and the State of Lou- isiana for a program to implement measures to eradi- cate or control nutria and restore marshland damaged by nutria.’’ Subsecs. (b), (c). Pub. L. 116–186, § 1(2)(B), (F), redesig- nated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to goals of the program. Subsec. (d). Pub. L. 116–186, § 1(2)(F), redesignated sub- sec. (e) as (d). Former subsec. (d) redesignated (c). Subsec. (d)(1). Pub. L. 116–186, § 1(2)(C)(i), substituted ‘‘a State program referred to in subsection (a) may’’ for ‘‘the program may’’. Subsec. (d)(2). Pub. L. 116–186, § 1(2)(C)(ii), substituted ‘‘a State program referred to in subsection (a) may’’ for ‘‘the program may’’. Subsec. (e). Pub. L. 116–186, § 1(2)(F), redesignated sub- sec. (f) as (e). Former subsec. (e) redesignated (d). Pub. L. 116–186, § 1(2)(D), inserted ‘‘to a State’’ after ‘‘provided’’. Subsec. (f). Pub. L. 116–186, § 1(2)(F), redesignated sub- sec. (f) as (e). Pub. L. 116–186, § 1(2)(E), substituted ‘‘$12,000,000 for each of fiscal years 2021 through 2025.’’ for ‘‘$4,000,000 for the State of Maryland program and $2,000,000 for the State of Louisiana program for each of fiscal years 2004, 2005, 2006, 2007, and 2008.’’ CHAPTER 101—NATIONAL FISH HABITAT CONSERVATION THROUGH PARTNERSHIPS Sec. 8201. Purpose. 8202. Definitions. 8203. National Fish Habitat Board. 8204. Fish Habitat Partnerships. 8205. Fish habitat conservation projects. 8206. Technical and scientific assistance. 8207. Coordination with States and Indian Tribes. 8208. Interagency operational plan. 8209. Accountability and reporting. 8210. Effect of this chapter. 8211. Nonapplicability of Federal Advisory Com- mittee Act. 8212. Funding. 8213. Prohibition against implementation of regu- latory authority by Federal agencies through partnerships. § 8201. Purpose The purpose of this chapter is to encourage partnerships among public agencies and other interested persons to promote fish conserva- tion— (1) to achieve measurable habitat conserva- tion results through strategic actions of Fish Habitat Partnerships that lead to better fish habitat conditions and increased fishing op- portunities by— (A) improving ecological conditions; (B) restoring natural processes; or (C) preventing the decline of intact and healthy systems; (2) to establish a consensus set of national conservation strategies as a framework to guide future actions and investment by Fish Habitat Partnerships; (3) to broaden the community of support for fish habitat conservation by— (A) increasing fishing opportunities; (B) fostering the participation of local communities, especially young people in local communities, in conservation activi- ties; and (C) raising public awareness of the role healthy fish habitat play in the quality of life and economic well-being of local com- munities; (4) to fill gaps in the National Fish Habitat Assessment and the associated database of the National Fish Habitat Assessment— (A) to empower strategic conservation ac- tions supported by broadly available sci- entific information; and (B) to integrate socioeconomic data in the analysis to improve the lives of humans in a manner consistent with fish habitat con- servation goals; and (5) to communicate to the public and con- servation partners— (A) the conservation outcomes produced collectively by Fish Habitat Partnerships; and Page 2730 TITLE 16—CONSERVATION § 8202 (B) new opportunities and voluntary ap- proaches for conserving fish habitat. (Pub. L. 116–188, title II, § 201, Oct. 30, 2020, 134 Stat. 924.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–198, § 1(a), Dec. 23, 2024, 138 Stat. 2678, pro- vided that: ‘‘This Act [amending sections 666c–1, 667h, 3709, 4406, 8203 to 8206, 8209, 8211, and 8212 of this title, sections 8355 and 8356 of Title 7, Agriculture, and sec- tion 1267 of Title 33, Navigation and Navigable Waters, and provisions set out as notes under section 2601 of Title 15, Commerce and Trade, section 1267 of Title 33, and section 320101 of Title 54, National Park Service and Related Programs] may be cited as the ‘America’s Conservation Enhancement Reauthorization Act of 2024’.’’ SHORT TITLE Pub. L. 116–188, § 1(a), Oct. 30, 2020, 134 Stat. 905, pro- vided that: ‘‘This Act [enacting this chapter, sections 667h and 669l of this title, and sections 8355 and 8356 of Title 7, Agriculture, amending sections 666c–1, 3702, 3703, 3709, 3710, 4403, and 4406 of this title and section 1267 of Title 33, Navigation and Navigable Waters, en- acting provisions set out as notes under section 2601 of Title 15, Commerce and Trade, and section 1267 of Title 33, and amending provisions set out as notes under sec- tions 669 and 742b of this title and section 320101 of Title 54, National Park Service and Related Programs] may be cited as the ‘America’s Conservation Enhancement Act’.’’ § 8202. Definitions In this chapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Sen- ate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Board The term ‘‘Board’’ means the National Fish Habitat Board established by section 8203 of this title. (3) Director The term ‘‘Director’’ means the Director of the United States Fish and Wildlife Service. (4) Environmental Protection Agency Assistant Administrator The term ‘‘Environmental Protection Agen- cy Assistant Administrator’’ means the As- sistant Administrator for Water of the Envi- ronmental Protection Agency. (5) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given to the term ‘‘Indian tribe’’ in section 5304 of title 25. (6) National Oceanic and Atmospheric Admin- istration Assistant Administrator The term ‘‘National Oceanic and Atmos- pheric Administration Assistant Adminis- trator’’ means the Assistant Administrator for Fisheries of the National Oceanic and Atmos- pheric Administration. (7) Partnership The term ‘‘Partnership’’ means an entity designated by Congress as a Fish Habitat Part- nership under section 8204 of this title. (8) Real property interest The term ‘‘real property interest’’ means an ownership interest in— (A) land; or (B) water (including water rights). (9) Marine Fisheries Commissions The term ‘‘Marine Fisheries Commissions’’ means— (A) the Atlantic States Marine Fisheries Commission; (B) the Gulf States Marine Fisheries Com- mission; and (C) the Pacific States Marine Commission. (10) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (11) State The term ‘‘State’’ means each of the several States, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the United States Virgin Islands, and the District of Co- lumbia. (12) State agency The term ‘‘State agency’’ means— (A) the fish and wildlife agency of a State; and (B) any department or division of a depart- ment or agency of a State that manages in the public trust the inland or marine fishery resources of the State or sustains the habi- tat for those fishery resources pursuant to State law or the constitution of the State. (Pub. L. 116–188, title II, § 202, Oct. 30, 2020, 134 Stat. 925.) § 8203. National Fish Habitat Board (a) Establishment (1) Fish Habitat Board There is established a board, to be known as the ‘‘National Fish Habitat Board’’, whose du- ties are— (A) to promote, oversee, and coordinate the implementation of this chapter; (B) to establish national goals and prior- ities for fish habitat conservation; (C) to recommend to Congress entities for designation as Partnerships; and (D) to review and make recommendations regarding fish habitat conservation projects. (2) Membership The Board shall be composed of 28 members, of whom— (A) 2 shall be representatives of the De- partment of the Interior, including the United States Fish and Wildlife Service and the Bureau of Land Management; (B) 1 shall be a representative of the United States Geological Survey; (C) 1 shall be a representative of the De- partment of Commerce; (D) 1 shall be a representative of the De- partment of Agriculture; Page 2731 TITLE 16—CONSERVATION § 8203 (E) 1 shall be a representative of the Asso- ciation of Fish and Wildlife Agencies; (F) 4 shall be representatives of State agencies, 1 of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, South- east, Midwest, and Western regions of the United States; (G) 2 shall be representatives of Indian Tribes, of whom— (i) 1 shall be a representative of Indian Tribes in the State of Alaska; and (ii) 1 shall be a representative of Indian Tribes in States other than the State of Alaska; (H) 2 shall be representatives of— (i) the Regional Fishery Management Councils established by section 1852(a)(1) of this title; or (ii) the Marine Fisheries Commissions; (I) 1 shall be a representative of the Sport Fishing and Boating Partnership Council; (J) 7 shall be representatives selected from at least one from each of the following: (i) the recreational sportfishing indus- try; (ii) the commercial fishing industry; (iii) marine recreational anglers; (iv) freshwater recreational anglers; (v) habitat conservation organizations; and (vi) science-based fishery organizations; (K) 1 shall be a representative of a na- tional private landowner organization; (L) 1 shall be a representative of an agri- cultural production organization; (M) 1 shall be a representative of local gov- ernment interests involved in fish habitat restoration; (N) 2 shall be representatives from dif- ferent sectors of corporate industries, which may include— (i) natural resource commodity inter- ests, such as petroleum or mineral extrac- tion; (ii) natural resource user industries; and (iii) industries with an interest in fish and fish habitat conservation; and (O) 1 shall be an individual in a leadership position in the private sector or landowner representative of an active partnership. (3) Compensation A member of the Board shall serve without compensation. (4) Travel expenses A member of the Board may be allowed trav- el expenses, including per diem in lieu of sub- sistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the per- formance of the duties of the Board. (b) Appointment and terms (1) In general Except as otherwise provided in this section, a member of the Board described in any of sub- paragraphs (F) through (O) of subsection (a)(2) shall serve for a term of 3 years. (2) Initial Board membership (A) In general The initial Board shall consist of rep- resentatives as described in subparagraphs (A) through (F) of subsection (a)(2). (B) Remaining members Not later than 60 days after October 30, 2020, the representatives of the initial Board under subparagraph (A) shall appoint the re- maining members of the Board described in subparagraphs (H) through (O) of subsection (a)(2). (C) Tribal representatives Not later than 60 days after October 30, 2020, the Secretary shall provide to the Board a recommendation of not fewer than three Tribal representatives, from which the Board shall appoint one representative pur- suant to subparagraph (G) of subsection (a)(2). (3) Staggered terms Of the members described in subsection (a)(2)(J) initially appointed to the Board— (A) two shall be appointed for a term of 1 year; (B) two shall be appointed for a term of 2 years; and (C) three shall be appointed for a term of 3 years. (4) Vacancies (A) In general A vacancy of a member of the Board de- scribed in subparagraph (H), (I), (J), (K), (L), (M), (N), or (O) of subsection (a)(2) shall be filled by an appointment made by the re- maining members of the Board. (B) Tribal representatives Following a vacancy of a member of the Board described in subparagraph (G) of sub- section (a)(2), the Secretary shall rec- ommend to the Board a list of not fewer than three Tribal representatives, from which the remaining members of the Board shall appoint a representative to fill the va- cancy. (5) Continuation of service An individual whose term of service as a member of the Board expires may continue to serve on the Board until a successor is ap- pointed. (6) Removal If a member of the Board described in any of subparagraphs (H) through (O) of subparagraph (a)(2) misses three consecutive regularly scheduled Board meetings, the members of the Board may— (A) vote to remove that member; and (B) appoint another individual in accord- ance with paragraph (4). (c) Chairperson (1) In general The representative of the Association of Fish and Wildlife Agencies appointed under subsection (a)(2)(E) shall serve as Chairperson of the Board. Page 2732 TITLE 16—CONSERVATION § 8204 (2) Term The Chairperson of the Board shall serve for a term of 3 years. (d) Meetings (1) In general The Board shall meet— (A) at the call of the Chairperson; but (B) not less frequently than twice each cal- endar year. (2) Public access All meetings of the Board shall be open to the public. (e) Procedures (1) In general The Board shall establish procedures to carry out the business of the Board, includ- ing— (A) a requirement that a quorum of the members of the Board be present to transact business; (B) a requirement that no recommenda- tions may be adopted by the Board, except by the vote of two-thirds of the members present; (C) procedures for establishing national goals and priorities for fish habitat con- servation for the purposes of this chapter; (D) procedures for designating Partner- ships under section 8204 of this title; and (E) procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation projects. (2) Quorum A majority of the members of the Board shall constitute a quorum. (Pub. L. 116–188, title II, § 203, Oct. 30, 2020, 134 Stat. 926; Pub. L. 118–198, title II, § 201, Dec. 23, 2024, 138 Stat. 2681.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–198, § 201(1)(A), sub- stituted ‘‘28 members’’ for ‘‘26 members’’ in introduc- tory provisions. Subsec. (a)(2)(A). Pub. L. 118–198, § 201(1)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘1 shall be a representative of the De- partment of the Interior;’’. Subsec. (a)(2)(G), (H). Pub. L. 118–198, § 201(1)(C), added subpars. (G) and (H) and struck out former subpars. (G) and (H) which read as follows: ‘‘(G) 2 shall be representatives of either— ‘‘(i) Indian Tribes in the State of Alaska; or ‘‘(ii) Indian Tribes in States other than the State of Alaska; ‘‘(H) 1 shall be a representative of either— ‘‘(i) the Regional Fishery Management Councils es- tablished under section 1852 of this title; or ‘‘(ii) a representative of the Marine Fisheries Com- missions;’’. Subsec. (e)(1)(B). Pub. L. 118–198, § 201(2), substituted ‘‘the members present’’ for ‘‘all members’’. § 8204. Fish Habitat Partnerships (a) Authority to recommend The Board may recommend to Congress the designation of Fish Habitat Partnerships in ac- cordance with this section. (b) Purposes The purposes of a Partnership shall be— (1) to work with other regional habitat con- servation programs to promote cooperation and coordination to enhance fish populations and fish habitats; (2) to engage local and regional communities to build support for fish habitat conservation; (3) to involve diverse groups of public and private partners; (4) to develop collaboratively a strategic vi- sion and achievable implementation plan that is scientifically sound; (5) to leverage funding from sources that support local and regional partnerships; (6) to use adaptive management principles, including evaluation of project success and functionality; (7) to develop appropriate local or regional habitat evaluation and assessment measures and criteria that are compatible with national habitat condition measures; and (8) to implement local and regional priority projects that improve conditions for fish and fish habitat. (c) Criteria for designation An entity seeking to be designated by Con- gress as a Partnership shall— (1) submit to the Board an application at such time, in such manner, and containing such information as the Board may reasonably require; and (2) demonstrate to the Board that the entity has— (A) a focus on promoting the health of im- portant fish and fish habitats; (B) an ability to coordinate the implemen- tation of priority projects that support the goals and national priorities set by the Board that are within the Partnership boundary; (C) a self-governance structure that sup- ports the implementation of strategic prior- ities for fish habitat; (D) the ability to develop local and re- gional relationships with a broad range of entities to further strategic priorities for fish and fish habitat; (E) a strategic plan that details required investments for fish habitat conservation that addresses the strategic fish habitat pri- orities of the Partnership and supports and meets the strategic priorities of the Board; (F) the ability to develop and implement fish habitat conservation projects that ad- dress strategic priorities of the Partnership and the Board; and (G) the ability to develop fish habitat con- servation priorities based on sound science and data, the ability to measure the effec- tiveness of fish habitat projects of the Part- nership, and a clear plan as to how Partner- ship science and data components will be in- tegrated with the overall Board science and data effort. (d) Requirements for recommendation to Con- gress The Board may recommend to Congress for designation an application for a Partnership Page 2733 TITLE 16—CONSERVATION § 8205 1 So in original. Probably should be followed by ‘‘and’’. submitted under subsection (c) if the Board de- termines that the applicant— (1) meets the criteria described in subsection (c)(2); (2) identifies representatives to provide sup- port and technical assistance to the Partner- ship from a diverse group of public and private partners, which may include State or local governments, nonprofit entities, Indian Tribes, and private individuals, that are fo- cused on conservation of fish habitats to achieve results across jurisdictional bound- aries on public and private land; (3) is organized to promote the health of im- portant fish species and important fish habi- tats, including reservoirs, natural lakes, coastal and marine environments, coral reefs, and estuaries; (4) identifies strategic fish and fish habitat priorities for the Partnership area in the form of geographical focus areas or key stressors or impairments to facilitate strategic planning and decision making; (5) is able to address issues and priorities on a nationally significant scale; (6) includes a governance structure that— (A) reflects the range of all partners; and (B) promotes joint strategic planning and decision making by the applicant; (7) demonstrates completion of, or signifi- cant progress toward the development of, a strategic plan to address declines in fish popu- lations, rather than simply treating symp- toms, in accordance with the goals and na- tional priorities established by the Board; and (8) promotes collaboration in developing a strategic vision and implementation program that is scientifically sound and achievable. (e) Report to Congress (1) In general Not later than February 1 of the first fiscal year beginning after October 30, 2020, and, sub- ject to paragraph (3), each February 1 there- after, the Board shall develop and submit to the appropriate congressional committees an annual report, to be entitled ‘‘Report to Con- gress on Future Fish Habitat Partnerships and Modifications’’, that— (A) identifies each entity that— (i) meets the requirements described in subsection (d); and (ii) the Board recommends to Congress for designation as a Partnership; (B) describes any proposed modifications to a Partnership previously designated by Congress under subsection (f); 1 (C) with respect to each entity rec- ommended for designation as a Partnership, describes, to the maximum extent prac- ticable— (i) the purpose of the recommended Part- nership; and (ii) how the recommended Partnership fulfills the requirements described in sub- section (d). (2) Public availability; notification The Board shall— (A) make the report publicly available, in- cluding on the internet; and (B) provide to the appropriate congres- sional committees and the State agency of any State included in a recommended Part- nership area written notification of the pub- lic availability of the report. (3) Limitation The Board shall only submit a report re- quired under paragraph (1) in the fiscal years in which the Board is proposing modifications to, or new designations of, 1 or more Partner- ships. (f) Designation or modification of Partnership (1) In general Congress shall have the exclusive authority to designate or modify a Partnership. (2) Designation or modification process A Partnership designation or modification the Board recommends to Congress shall be deemed to be approved by Congress if Congress does not pass a joint resolution of disapproval with respect to the designation or modifica- tion by the date that is 90 days after the date on which the relevant congressional commit- tees receive such recommendation. (g) Existing partnerships (1) Designation review Not later than 5 years after October 30, 2020, any partnership receiving Federal funds as of October 30, 2020, shall be subject to a designa- tion review by Congress in which Congress shall have the opportunity to designate the partnership under subsection (f). (2) Ineligibility for Federal funds A partnership referred to in paragraph (1) that Congress does not designate as described in that paragraph shall be ineligible to receive Federal funds under this chapter. (Pub. L. 116–188, title II, § 204, Oct. 30, 2020, 134 Stat. 928; Pub. L. 118–198, title II, § 202, Dec. 23, 2024, 138 Stat. 2681.) Editorial Notes AMENDMENTS 2024—Subsec. (e)(1). Pub. L. 118–198, § 202(1)(A), in- serted ‘‘, subject to paragraph (3),’’ after ‘‘October 30, 2020, and’’ in introductory provisions. Subsec. (e)(3). Pub. L. 118–198, § 202(1)(B), added par. (3). Subsec. (f). Pub. L. 118–198, § 202(2), amended subsec. (f) generally. Prior to amendment, text read as follows: ‘‘Congress shall have the exclusive authority to des- ignate or modify a Partnership.’’ § 8205. Fish habitat conservation projects (a) Submission to Board Not later than March 31 of each year, each Partnership shall submit to the Board a list of priority fish habitat conservation projects rec- ommended by the Partnership for annual fund- ing under this chapter. (b) Recommendations by Board Not later than July 1 of each year, the Board shall submit to the Secretary a priority list of Page 2734 TITLE 16—CONSERVATION § 8205 fish habitat conservation projects that includes a description, including estimated costs, of each project that the Board recommends that the Secretary approve and fund under this chapter. (c) Criteria for project selection The Board shall select each fish habitat con- servation project recommended to the Secretary under subsection (b) after taking into consider- ation, at a minimum, the following information: (1) A recommendation of the Partnership that is, or will be, participating actively in implementing the fish habitat conservation project. (2) The capabilities and experience of project proponents to implement successfully the pro- posed project. (3) The extent to which the fish habitat con- servation project— (A) fulfills a local or regional priority that is directly linked to the strategic plan of the Partnership and is consistent with the pur- pose of this chapter; (B) addresses the national priorities estab- lished by the Board; (C) is supported by the findings of the habitat assessment of the Partnership or the Board, and aligns or is compatible with other conservation plans; (D) identifies appropriate monitoring and evaluation measures and criteria that are compatible with national measures; (E) provides a well-defined budget linked to deliverables and outcomes; (F) leverages other funds to implement the project; (G) addresses the causes and processes be- hind the decline of fish or fish habitats; and (H) includes an outreach or education com- ponent that includes the local or regional community. (4) The availability of sufficient non-Federal funds to match Federal contributions for the fish habitat conservation project, as required by subsection (e). (5) The extent to which the fish habitat con- servation project— (A) will increase fish populations in a man- ner that leads to recreational fishing oppor- tunities for the public; (B) will be carried out through a coopera- tive agreement among Federal, State, and local governments, Indian Tribes, and pri- vate entities; (C) increases public access to land or water for fish and wildlife-dependent recreational opportunities; (D) advances the conservation of fish and wildlife species that have been identified by a State agency as species of greatest con- servation need; (E) where appropriate, advances the con- servation of fish and fish habitats under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and other relevant Federal law and State wild- life action plans; and (F) promotes strong and healthy fish habi- tats so that desired biological communities are able to persist and adapt. (6) The substantiality of the character and design of the fish habitat conservation project. (d) Limitations (1) Requirements for evaluation No fish habitat conservation project may be recommended by the Board under subsection (b) or provided financial assistance under this chapter unless the fish habitat conservation project includes an evaluation plan designed using applicable Board guidance— (A) to appropriately assess the biological, ecological, or other results of the habitat protection, restoration, or enhancement ac- tivities carried out using the assistance; (B) to reflect appropriate changes to the fish habitat conservation project if the as- sessment substantiates that the fish habitat conservation project objectives are not being met; (C) to identify improvements to existing fish populations, recreational fishing oppor- tunities, and the overall economic benefits for the local community of the fish habitat conservation project; and (D) to require the submission to the Board of a report describing the findings of the as- sessment. (2) Acquisition authorities (A) In general A State, local government, or other non- Federal entity is eligible to receive funds for the acquisition of real property from willing sellers under this chapter if the acquisition ensures— (i) public access for fish and wildlife-de- pendent recreation; or (ii) a scientifically based, direct en- hancement to the health of fish and fish populations, as determined by the Board. (B) State agency approval (i) In general All real property interest acquisition projects funded under this chapter must be approved by the State agency in the State in which the project is occurring. (ii) Prohibition The Board may not recommend, and the Secretary may not provide any funding for, any real property interest acquisition that has not been approved by the State agency. (C) Assessment of other authorities The Board may not recommend, and the Secretary may not provide any funding under this chapter for, any real property in- terest acquisition unless the Partnership that recommended the project has conducted a project assessment, submitted with the funding request and approved by the Board, to demonstrate all other Federal, State, and local authorities for the acquisition of real property have been exhausted. (D) Restrictions A real property interest may not be ac- quired pursuant to a fish habitat conserva- tion project by a State, local government, or other non-Federal entity conducted with funds provided under this chapter, unless— Page 2735 TITLE 16—CONSERVATION § 8206 (i) the owner of the real property author- izes the State, local government, or other non-Federal entity to acquire the real property; and (ii) the Secretary and the Board deter- mine that the State, local government, or other non-Federal entity would benefit from undertaking the management of the real property being acquired because that is in accordance with the goals of a Part- nership. (e) Non-Federal contributions (1) In general The non-Federal share of the total cost of all fish habitat conservation projects carried out by a Partnership each year shall be at least 50 percent. (2) Non-Federal share The non-Federal share described in para- graph (1)— (A) may not be derived from another Fed- eral grant program; and (B) may include in-kind contributions and cash. (3) Special rule for Indian Tribes Notwithstanding paragraph (1) or any other provision of law, any funds made available to an Indian Tribe pursuant to this chapter may be considered to be non-Federal funds for the purpose of paragraph (1). (4) Waiver authority The Secretary, in consultation with the Sec- retary of Commerce with respect to marine or estuarine projects, may waive the application of paragraph (2)(A) with respect to a State or an Indian Tribe, or otherwise reduce the por- tion of the non-Federal share of the cost of an activity required to be paid by a State or an Indian Tribe under paragraph (1), if the Sec- retary determines that the State or Indian Tribe does not have sufficient funds not de- rived from another Federal grant program to pay such non-Federal share, or portion of the non-Federal share, without the use of loans. (f) Approval (1) In general Not later than 90 days after the date of re- ceipt of the recommended priority list of fish habitat conservation projects under sub- section (b), and subject to subsection (d) and based, to the maximum extent practicable, on the criteria described in subsection (c), the Secretary, after consulting with the Secretary of Commerce on marine or estuarine projects, shall approve or reject any fish habitat con- servation project recommended by the Board. (2) Funding If the Secretary approves a fish habitat con- servation project under paragraph (1), the Sec- retary shall use amounts made available to carry out this chapter to provide funds to carry out the fish habitat conservation project. (3) Notification If the Secretary rejects under paragraph (1) any fish habitat conservation project rec- ommended by the Board, not later than 90 days after the date of receipt of the rec- ommendation, the Secretary shall provide to the Board, the appropriate Partnership, and the appropriate congressional committees a written statement of the reasons that the Sec- retary rejected the fish habitat conservation project. (Pub. L. 116–188, title II, § 205, Oct. 30, 2020, 134 Stat. 931; Pub. L. 118–198, title II, § 203, Dec. 23, 2024, 138 Stat. 2682.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (c)(5)(E), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classi- fied principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. AMENDMENTS 2024—Subsec. (b). Pub. L. 118–198, § 203(1), struck out ‘‘for the following fiscal year’’ before period at end. Subsec. (e)(1). Pub. L. 118–198, § 203(2)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘Except as provided in paragraphs (2) and (4), no fish habitat conservation project may be recommended by the Board under subsection (b) or pro- vided financial assistance under this chapter unless at least 50 percent of the cost of the fish habitat conserva- tion project will be funded with non-Federal funds.’’ Subsec. (e)(2). Pub. L. 118–198, § 203(2)(B), substituted ‘‘The non-Federal share described in paragraph (1)’’ for ‘‘Such non-Federal share of the cost of a fish habitat conservation project’’ in introductory provisions. § 8206. Technical and scientific assistance (a) In general The Director, the National Oceanic and At- mospheric Administration Assistant Adminis- trator, the Environmental Protection Agency Assistant Administrator, and the Director of the United States Geological Survey, in coordina- tion with the Forest Service, the Bureau of Land Management, and other appropriate Federal de- partments and agencies, may provide scientific and technical assistance to Partnerships, par- ticipants in fish habitat conservation projects, and the Board. (b) Inclusions Scientific and technical assistance provided under subsection (a) may include— (1) providing technical and scientific assist- ance to States, Indian Tribes, regions, local communities, and nongovernmental organiza- tions in the development and implementation of Partnerships; (2) providing technical and scientific assist- ance to Partnerships for habitat assessment, strategic planning, and prioritization; (3) supporting the development and imple- mentation of fish habitat conservation projects that are identified as high priorities by Partnerships and the Board; (4) supporting and providing recommenda- tions regarding the development of science- based monitoring and assessment approaches for implementation through Partnerships; (5) supporting and providing recommenda- tions for a national fish habitat assessment; Page 2736 TITLE 16—CONSERVATION § 8207 (6) ensuring the availability of experts to as- sist in conducting scientifically based evalua- tion and reporting of the results of fish habi- tat conservation projects; and (7) providing resources to secure State agen- cy scientific and technical assistance to sup- port Partnerships, participants in fish habitat conservation projects, and the Board. (Pub. L. 116–188, title II, § 206, Oct. 30, 2020, 134 Stat. 934; Pub. L. 118–198, title II, § 204, Dec. 23, 2024, 138 Stat. 2682.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–198 inserted ‘‘, the Bu- reau of Land Management,’’ after ‘‘the Forest Service’’. § 8207. Coordination with States and Indian Tribes The Secretary shall provide a notice to, and cooperate with, the appropriate State agency or Tribal agency, as applicable, of each State and Indian Tribe within the boundaries of which an activity is planned to be carried out pursuant to this chapter, including notification, by not later than 30 days before the date on which the activ- ity is implemented. (Pub. L. 116–188, title II, § 207, Oct. 30, 2020, 134 Stat. 934.) § 8208. Interagency operational plan Not later than 1 year after October 30, 2020, and every 5 years thereafter, the Director, in co- operation with the National Oceanic and Atmos- pheric Administration Assistant Administrator, the Environmental Protection Agency Assistant Administrator, the Director of the United States Geological Survey, and the heads of other appropriate Federal departments and agencies (including, at a minimum, those agencies rep- resented on the Board) shall develop an inter- agency operational plan that describes— (1) the functional, operational, technical, scientific, and general staff, administrative, and material needs for the implementation of this chapter; and (2) any interagency agreements between or among Federal departments and agencies to address those needs. (Pub. L. 116–188, title II, § 208, Oct. 30, 2020, 134 Stat. 935.) § 8209. Accountability and reporting (a) In general Not later than 5 years after October 30, 2020, and every 5 years thereafter, the Board shall submit to the appropriate congressional com- mittees a report describing the progress of this chapter. (b) Contents Each report submitted under subsection (a) shall include— (1) an estimate of the number of acres, stream miles, or acre-feet, or other suitable measures of fish habitat, that was maintained or improved by Partnerships under this chap- ter during the 5-year period ending on the date of submission of the report; (2) a description of the public access to fish habitats established or improved under this chapter during that 5-year period; (3) a description of the improved opportuni- ties for public recreational fishing achieved under this chapter; (4) a description of the status of fish habitats in the United States as identified by Partner- ships; and (5) an assessment of the status of fish habi- tat conservation projects carried out with funds provided under this chapter during that period, disaggregated by year, including— (A) a description of the fish habitat con- servation projects recommended by the Board under section 8205(b) of this title; (B) a description of each fish habitat con- servation project approved by the Secretary under section 8205(f) of this title, in order of priority for funding; (C) a justification for— (i) the approval of each fish habitat con- servation project; and (ii) the order of priority for funding of each fish habitat conservation project; (D) a justification for any rejection of a fish habitat conservation project rec- ommended by the Board under section 8205(b) of this title that was based on a fac- tor other than the criteria described in sec- tion 8205(c) of this title; and (E) an accounting of expenditures by Fed- eral, State, or local governments, Indian Tribes, or other entities to carry out fish habitat conservation projects under this chapter. (Pub. L. 116–188, title II, § 209, Oct. 30, 2020, 134 Stat. 935; Pub. L. 118–198, title II, § 205, Dec. 23, 2024, 138 Stat. 2682.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–198, § 205(2)(A), inserted subsec. (a) designation and heading and struck out former subsec. (a) designation and heading ‘‘Reporting’’ and former par. (1) designation and heading ‘‘In gen- eral’’ before ‘‘Not later than’’. Subsec. (a)(2). Pub. L. 118–198, § 205(2)(B), redesignated par. (2) of subsec. (a) as subsec. (b) and realigned mar- gins. Subsec. (b). Pub. L. 118–198, § 205(1), (2)(B), (3)(A), (B), redesignated par. (2) of subsec. (a) as subsec. (b) and subpars. (A), (B), (C), and (D) of former par. (2) of sub- sec. (a) as pars. (1), (2), (3), and (5), respectively, of sub- sec. (b), realigned margins, substituted ‘‘subsection (a)’’ for ‘‘paragraph (1)’’ in introductory provisions, and struck out former subsec. (b) which authorized the Board to submit status and trends report to appro- priate congressional committees. Subsec. (b)(4). Pub. L. 118–198, § 205(3)(C), (D), added par. (4). Subsec. (b)(5). Pub. L. 118–198, § 205(3)(E)(i), redesig- nated cls. (i) to (v) as subpars. (A) to (E), respectively, and realigned margins. Subsec. (b)(5)(C). Pub. L. 118–198, § 205(3)(E)(ii), redes- ignated subcls. (I) and (II) as cls. (i) and (ii), respec- tively, and realigned margins. § 8210. Effect of this chapter (a) Water rights Nothing in this chapter— Page 2737 TITLE 16—CONSERVATION § 8212 (1) establishes any express or implied re- served water right in the United States for any purpose; (2) affects any water right in existence on October 30, 2020; (3) preempts or affects any State water law or interstate compact governing water; or (4) affects any Federal or State law in exist- ence on October 30, 2020, regarding water qual- ity or water quantity. (b) Authority to acquire water rights or rights to property Only a State, local government, or other non- Federal entity may acquire, under State law, water rights or rights to property with funds made available through section 8212 of this title. (c) State authority Nothing in this chapter— (1) affects the authority, jurisdiction, or re- sponsibility of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; or (2) authorizes the Secretary to control or regulate within a State the fishing or hunting of fish and wildlife. (d) Effect on Indian Tribes Nothing in this chapter abrogates, abridges, affects, modifies, supersedes, or alters any right of an Indian Tribe recognized by treaty or any other means, including— (1) an agreement between the Indian Tribe and the United States; (2) Federal law (including regulations); (3) an Executive order; or (4) a judicial decree. (e) Adjudication of water rights Nothing in this chapter diminishes or affects the ability of the Secretary to join an adjudica- tion of rights to the use of water pursuant to subsection (a), (b), or (c) of section 666 of title 43. (f) Department of Commerce authority Nothing in this chapter affects the authority, jurisdiction, or responsibility of the Department of Commerce to manage, control, or regulate fish or fish habitats under the Magnuson-Ste- vens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (g) Effect on other authorities (1) Private property protection Nothing in this chapter permits the use of funds made available to carry out this chapter to acquire real property or a real property in- terest without the written consent of each owner of the real property or real property in- terest, respectively. (2) Mitigation Nothing in this chapter authorizes the use of funds made available to carry out this chapter for fish and wildlife mitigation purposes under— (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.); (C) the Water Resources Development Act of 1986 (Public Law 99–662; 100 Stat. 4082); or (D) any other Federal law or court settle- ment. (3) Clean Water Act Nothing in this chapter affects any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including any definition in that Act. (Pub. L. 116–188, title II, § 210, Oct. 30, 2020, 134 Stat. 936.) Editorial Notes REFERENCES IN TEXT The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (f), is Pub. L. 94–265, Apr. 13, 1976, 90 Stat. 331, which is classified principally to chapter 38 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Federal Water Pollution Control Act, referred to in subsec. (g)(2)(A), (3), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa- ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Fish and Wildlife Coordination Act, referred to in subsec. (g)(2)(B), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 661 of this title and Tables. The Water Resources Development Act of 1986, re- ferred to in subsec. (g)(2)(C), is Pub. L. 99–662, Nov. 17, 1986, 100 Stat. 4082. For complete classification of this Act to the Code, see section 1(a) of Pub. L. 99–662, set out as a Short Title note under section 2201 of Title 33, Navigation and Navigable Waters, and Tables. § 8211. Nonapplicability of Federal Advisory Committee Act Chapter 10 of title 5 (commonly known as the ‘‘Federal Advisory Committee Act’’), shall not apply to— (1) the Board; or (2) any Partnership. (Pub. L. 116–188, title II, § 211, Oct. 30, 2020, 134 Stat. 937; Pub. L. 118–198, title II, § 207, Dec. 23, 2024, 138 Stat. 2683.) Editorial Notes AMENDMENTS 2024—Pub. L. 118–198 substituted ‘‘Chapter 10 of title 5 (commonly known as the ‘Federal Advisory Com- mittee Act’),’’ for ‘‘The Federal Advisory Committee Act (5 U.S.C. App.)’’ in introductory provisions. § 8212. Funding (a) Authorization of appropriations (1) Fish habitat Partnerships and conservation projects There is authorized to be appropriated to the Secretary $7,200,000 for each of fiscal years 2021 through 2030 to provide funds for Partnership operations under section 8204 of this title and fish habitat conservation projects approved under section 8205(f) of this title, of which 5 percent is authorized only for projects carried out by Indian Tribes. Page 2738 TITLE 16—CONSERVATION § 8213 (2) Administrative and planning expenses There is authorized to be appropriated to the Secretary for each of fiscal years 2021 through 2030 an amount equal to 5 percent of the amount appropriated for the applicable fiscal year pursuant to paragraph (1)— (A) for administrative and planning ex- penses under this chapter; and (B) to carry out section 8209 of this title. (3) Technical and scientific assistance There is authorized to be appropriated for each of fiscal years 2021 through 2030 to carry out, and provide technical and scientific as- sistance under, section 8206 of this title— (A) $400,000 to the Secretary for use by the United States Fish and Wildlife Service; (B) $400,000 to the National Oceanic and Atmospheric Administration Assistant Ad- ministrator for use by the National Oceanic and Atmospheric Administration; (C) $400,000 to the Environmental Protec- tion Agency Assistant Administrator for use by the Environmental Protection Agency; (D) $400,000 to the Secretary for use by the United States Geological Survey; and (E) $400,000 to the Secretary of Agri- culture, acting through the Chief of the For- est Service, for use by the Forest Service. (b) Agreements and grants The Secretary may— (1) on the recommendation of the Board, and notwithstanding sections 6304 and 6305 of title 31 and the Federal Financial Assistance Man- agement Improvement Act of 1999 (31 U.S.C. 6101 note; Public Law 106–107), enter into a grant agreement, cooperative agreement, or contract with a Partnership or other entity to provide funds authorized by this chapter for a fish habitat conservation project or restora- tion or enhancement project; (2) apply for, accept, and, subject to the availability of appropriations, use a grant from any individual or entity to carry out the purposes of this chapter; and (3) subject to the availability of appropria- tions, make funds authorized by this Act available to any Federal department or agency for use by that department or agency to pro- vide grants for any fish habitat protection project, restoration project, or enhancement project that the Secretary determines to be consistent with this chapter. (c) Donations (1) In general The Secretary may— (A) enter into an agreement with any orga- nization described in section 501(c)(3) of title 26 that is exempt from taxation under sec- tion 501(a) of title 26 to solicit private dona- tions to carry out the purposes of this chap- ter; and (B) accept donations of funds, property, and services to carry out the purposes of this chapter. (2) Treatment A donation accepted under this chapter— (A) shall be considered to be a gift or be- quest to, or otherwise for the use of, the United States; and (B) may be— (i) used directly by the Secretary; or (ii) provided to another Federal depart- ment or agency through an interagency agreement. (Pub. L. 116–188, title II, § 212, Oct. 30, 2020, 134 Stat. 937; Pub. L. 118–198, title II, § 206, Dec. 23, 2024, 138 Stat. 2683.) Editorial Notes REFERENCES IN TEXT The Federal Financial Assistance Management Im- provement Act of 1999, referred to in subsec. (b)(1), is Pub. L. 106–107, Nov. 20, 1999, 113 Stat. 1486, which was formerly set out as a note under section 6101 of Title 31, Money and Finance. Pursuant to section 11 of the Act, the Act ceased to be effective 8 years after Nov. 20, 1999. This Act, referred to in subsec. (b)(3), is Pub. L. 116–188, Oct. 30, 2020, 134 Stat. 905, known as America’s Conservation Enhancement Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 8201 of this title and Tables. AMENDMENTS 2024—Subsec. (a)(1). Pub. L. 118–198, § 206(1), inserted ‘‘Partnerships and’’ after ‘‘habitat’’ in heading and ‘‘Partnership operations under section 8204 of this title and’’ after ‘‘to provide funds for’’ in text and sub- stituted ‘‘2030’’ for ‘‘2025’’. Subsec. (a)(2). Pub. L. 118–198, § 206(2), substituted ‘‘2030’’ for ‘‘2025’’ in introductory provisions. Subsec. (a)(3). Pub. L. 118–198, § 206(3), substituted ‘‘2030’’ for ‘‘2025’’ in introductory provisions. § 8213. Prohibition against implementation of regulatory authority by Federal agencies through partnerships Any Partnership designated under this chap- ter— (1) shall be for the sole purpose of promoting fish conservation; and (2) shall not be used to implement any regu- latory authority of any Federal agency. (Pub. L. 116–188, title II, § 213, Oct. 30, 2020, 134 Stat. 938.) CHAPTER 102—COASTAL HABITAT CONSERVATION Sec. 8301. Purpose. 8302. Definitions. 8303. Coastal Program. 8304. Reports. 8305. Authorization of appropriations. § 8301. Purpose The purpose of this chapter is to legislatively authorize the Coastal Program of the Service in effect as of December 11, 2024, to conduct col- laborative landscape-level planning and on-the- ground coastal habitat assessment, coastal habi- tat protection, coastal habitat restoration, and coastal habitat enhancement projects in pri- ority coastal landscapes to conserve and recover Federal trust species. (Pub. L. 118–138, § 2, Dec. 11, 2024, 138 Stat. 1651.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 118–138, § 1, Dec. 11, 2024, 138 Stat. 1651, pro- vided that: ‘‘This Act [enacting this chapter] may be Page 2739 TITLE 16—CONSERVATION § 8303 cited as the ‘Coastal Habitat Conservation Act of 2023’.’’ § 8302. Definitions In this chapter: (1) Coastal ecosystem The term ‘‘coastal ecosystem’’ means a bio- logical community of organisms interacting with each other and their habitats in a coastal landscape. (2) Coastal habitat assessment The term ‘‘coastal habitat assessment’’ means the process of evaluating the physical, chemical, and biological function of a coastal site to determine the value of the site to fish and wildlife. (3) Coastal habitat enhancement The term ‘‘coastal habitat enhancement’’ means the manipulation of the physical, chemical, or biological characteristics of a coastal ecosystem to increase or decrease spe- cific biological functions that make the eco- system valuable to fish and wildlife. (4) Coastal habitat planning The term ‘‘coastal habitat planning’’ means the process of developing a comprehensive plan that— (A) characterizes a coastal ecosystem; (B) sets protection, restoration, or en- hancement goals and identifies the priorities of those goals; (C) describes conservation strategies and methodologies; (D) establishes a timetable for implemen- tation of the plan; and (E) identifies roles of participants and stakeholders. (5) Coastal habitat protection (A) In general The term ‘‘coastal habitat protection’’ means a long-term action to safeguard habi- tat of value to fish and wildlife in a coastal ecosystem. (B) Inclusion The term ‘‘coastal habitat protection’’ in- cludes activities to support establishment of a conservation easement or fee title acquisi- tion by Federal and non-Federal partners. (6) Coastal habitat restoration The term ‘‘coastal habitat restoration’’ means the manipulation of the physical, chemical, or biological characteristics of a coastal ecosystem with the goal of returning, to the maximum extent practicable, the full natural biological functions to lost or de- graded native habitat. (7) Coastal landscape The term ‘‘coastal landscape’’ means a por- tion of a coastal ecosystem within or adjacent to a coastal State that contains various habi- tat types, including— (A) a fresh or saltwater wetland in a coast- al watershed; (B) a coastal river, stream, or waterway; (C) a coastal bay or estuary; (D) a seagrass bed, reef, or other nearshore marine habitat; (E) a beach or dune system; (F) a mangrove forest; and (G) an associated coastal upland. (8) Coastal State The term ‘‘coastal State’’ means— (A) a State in, or bordering on, the Atlan- tic, Pacific, or Arctic Ocean, the Gulf of Mexico, the Long Island Sound, or 1 or more of the Great Lakes; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; (G) the Federated States of Micronesia; (H) the Republic of the Marshall Islands; (I) the Republic of Palau; and (J) the United States Virgin Islands. (9) Federal trust species The term ‘‘Federal trust species’’ means mi- gratory birds, threatened species or endan- gered species listed under the Endangered Spe- cies Act of 1973 (16 U.S.C. 1531 et seq.), inter- jurisdictional fish, and marine mammals for which the Secretary has management author- ity. (10) Financial assistance The term ‘‘financial assistance’’ means Fed- eral funding provided to Federal, State, local, or Tribal governments, nongovernmental in- stitutions, nonprofit organizations, and pri- vate individuals and entities through a grant or cooperative agreement. (11) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (12) Service The term ‘‘Service’’ means the United States Fish and Wildlife Service. (13) Technical assistance The term ‘‘technical assistance’’ means a collaboration, facilitation, or consulting ac- tion relating to a coastal habitat planning, coastal habitat assessment, coastal habitat protection, coastal habitat restoration, or coastal habitat enhancement project or initia- tive in which the Service contributes sci- entific knowledge, skills, and expertise to the project or initiative. (Pub. L. 118–138, § 3, Dec. 11, 2024, 138 Stat. 1651.) Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in par. (9), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1531 of this title and Tables. § 8303. Coastal Program The Secretary shall carry out the Coastal Pro- gram within the Service to— Page 2740 TITLE 16—CONSERVATION § 8304 (1) identify the leading threats to priority coastal landscapes and conservation actions to address those threats in partnership with Fed- eral, State, local, and Tribal governments, nongovernmental institutions, nonprofit orga- nizations, and private individuals and entities; (2) provide technical assistance and financial assistance through partnerships with Federal, State, local, and Tribal governments, non- governmental institutions, nonprofit organiza- tions, and private individuals and entities to conduct voluntary coastal habitat planning, coastal habitat assessment, coastal habitat protection, coastal habitat restoration, and coastal habitat enhancement projects on pub- lic land or private land; (3) ensure the health and resilience of coast- al ecosystems through adaptive management procedures based on the best available science; (4) build the capacity of Federal, State, local, and Tribal governments, nongovern- mental institutions, nonprofit organizations, and private individuals and entities to carry out environmental conservation and steward- ship measures; (5) assist in the development and implemen- tation of monitoring protocols to ensure the success of coastal ecosystem restoration and coastal ecosystem enhancement measures; and (6) collaborate and share information with partners and the public relating to best man- agement practices for the conservation, res- toration, and enhancement of coastal eco- systems. (Pub. L. 118–138, § 4, Dec. 11, 2024, 138 Stat. 1653.) § 8304. Reports (a) In general Not later than 1 year after December 11, 2024, and annually thereafter, the Secretary, acting through the Director of the Service, shall sub- mit to the Committees on Appropriations and Natural Resources of the House of Representa- tives and the Committees on Appropriations and Environment and Public Works of the Senate, and make available to the public on the website of the Service, a report on the Coastal Program carried out under this chapter. (b) Requirements Each report submitted under subsection (a) shall assess on regional and nationwide bases— (1) Coastal Program work on coastal eco- systems; (2) progress made by the Coastal Program toward identifying the leading threats to pri- ority coastal landscapes and conservation ac- tions to address those threats; and (3) prospects for, and success of, protecting, restoring, and enhancing coastal ecosystems. (c) Inclusions Each report submitted under subsection (a) shall include— (1) quantitative information on coastal land- scapes protected, restored, or enhanced; (2) funds appropriated to the Coastal Pro- gram that have been expended or leveraged; (3) a description of adaptive management practices implemented; and (4) a description of emerging challenges or data gaps that hinder the ability of the Coast- al Program to achieve the purpose of this chapter. (Pub. L. 118–138, § 5, Dec. 11, 2024, 138 Stat. 1653.) § 8305. Authorization of appropriations There is authorized to be appropriated to carry out this chapter $16,957,000 for each of fis- cal years 2024 through 2028. (Pub. L. 118–138, § 6, Dec. 11, 2024, 138 Stat. 1654.) CHAPTER 103—EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES Sec. 8401. Definitions. SUBCHAPTER I—OUTDOOR RECREATION AND INFRASTRUCTURE PART A—OUTDOOR RECREATION POLICY 8411. Congressional declaration of policy. 8412. Identifying opportunities for recreation. 8413. Recreation budget crosscut. PART B—PUBLIC RECREATION ON FEDERAL RECREATIONAL LANDS AND WATERS 8421. Biking on long-distance trails. 8422. Protecting America’s rock climbing. 8423. Range access. 8424. Restoration of overnight campsites. 8425. Motorized and nonmotorized access. 8426. Aquatic resource activities assistance. PART C—SUPPORTING GATEWAY COMMUNITIES AND ADDRESSING PARK OVERCROWDING 8441. Gateway communities. 8442. Improved recreation visitation data. 8443. Monitoring for improved recreation decision making. PART D—BROADBAND CONNECTIVITY ON FEDERAL RECREATIONAL LANDS AND WATERS 8451. Connect our parks. 8452. Broadband internet connectivity at developed recreation sites. 8453. Public lands telecommunications cooperative agreements. PART E—PUBLIC–PRIVATE PARKS PARTNERSHIPS 8461. Partnership agreements to modernize feder- ally owned campgrounds, resorts, cabins, and visitor centers on Federal recreational lands and waters. 8462. Parking and restroom opportunities for Fed- eral recreational lands and waters. 8463. Pay-for-performance projects. 8464. Outdoor Recreation Legacy Partnership Pro- gram. SUBCHAPTER II—ACCESS AMERICA 8471. Definitions. PART A—ACCESS FOR PEOPLE WITH DISABILITIES 8481. Accessible recreation inventory. 8482. Trail inventory. 8483. Trail pilot program. 8484. Accessible trails. 8485. Accessible recreation opportunities. 8486. Assistive technology. 8487. Savings clause. PART B—MILITARY AND VETERANS IN PARKS 8501. Promotion of outdoor recreation for military servicemembers and veterans. 8502. Military Veterans Outdoor Recreation Liai- sons. Page 2741 TITLE 16—CONSERVATION § 8412 Sec. 8503. Partnerships to promote military and veteran recreation. 8504. National strategy for military and veteran recreation. 8505. Career and volunteer opportunities for vet- erans. PART C—YOUTH ACCESS 8521. Increasing youth recreation visits to Federal land. SUBCHAPTER III—SIMPLIFYING OUTDOOR ACCESS FOR RECREATION 8531. Definitions. PART A—MODERNIZING RECREATION PERMITTING 8541. Permitting process improvements. 8542. Permit flexibility. 8543. Permit administration. 8544. Service First Initiative; permits for multi- jurisdictional trips. 8545. Forest Service and Bureau of Land Manage- ment temporary special recreation permits for outfitting and guiding. 8546. Reviews for long-term permits. 8547. Adjustment of allocated visitor-use days. 8548. Liability. 8549. Cost recovery reform. 8550. Savings provision. PART B—MAKING RECREATION A PRIORITY 8561. Extension of seasonal recreation opportuni- ties. PART C—RECREATION NOT RED TAPE 8571. Good neighbor authority for recreation. 8572. Permit relief for picnic areas. 8573. Interagency report on special recreation per- mits for underserved communities. 8574. Savings provision. § 8401. Definitions In this chapter: (1) Federal land management agency The term ‘‘Federal land management agen- cy’’ has the meaning given the term in section 6801 of this title. (2) Federal recreational lands and waters The term ‘‘Federal recreational lands and waters’’ has the meaning given the term in section 6801 of this title. (3) Gateway community The term ‘‘gateway community’’ means a community that serves as an entry point, or is adjacent, to a recreation destination on Fed- eral recreational lands and waters or non-Fed- eral land at which there is consistently high, in the determination of the Secretaries, sea- sonal or year-round visitation. (4) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given the term in section 5304 of title 25. (5) Land use plan The term ‘‘land use plan’’ means— (A) a land use plan prepared by the Sec- retary pursuant to section 1712 of title 43; and (B) a land management plan prepared by the Forest Service for a unit of the National Forest Service pursuant to section 1604 of this title. (6) Secretaries The term ‘‘Secretaries’’ means each of— (A) the Secretary; and (B) the Secretary of Agriculture. (7) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (8) Secretary concerned The term ‘‘Secretary concerned’’ means— (A) the Secretary, with respect to land under the jurisdiction of the Secretary; or (B) the Secretary of Agriculture, with re- spect to land managed by the Forest Serv- ice. (9) State The term ‘‘State’’ means each of the several States, the District of Columbia, and each ter- ritory of the United States. (Pub. L. 118–234, § 2, Jan. 4, 2025, 138 Stat. 2837.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions, was in the original ‘‘this Act’’, meaning Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2836, known as the Expanding Public Lands Outdoor Recreation Experiences Act and also known as the EXPLORE Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 118–234, § 1(a), Jan. 4, 2025, 138 Stat. 2836, pro- vided that: ‘‘This Act [enacting this chapter, sections 460l–6d, 558a to 558g, and 6804a of this title, and sections 100905 and 308106 of Title 54, National Park Service and Related Programs, amending sections 2113a, 6801 to 6804, 6807, 6809, 6852, 6854, and 6855 of this title, section 1761a of Title 43, Public Lands, and sections 101703, 104909, 200102 to 200104, 308101 to 308103, and 308105 of Title 54, repealing section 460l–6d of this title, section 1703 of Title 43, and section 100905 of Title 54, omitting sections 558a to 558d of this title, enacting provisions set out as notes under section 558a of this title, and amending provisions set out as notes under sections 580d and 6804 of this title] may be cited as the ‘Expand- ing Public Lands Outdoor Recreation Experiences Act’ or the ‘EXPLORE Act’.’’ SUBCHAPTER I—OUTDOOR RECREATION AND INFRASTRUCTURE PART A—OUTDOOR RECREATION POLICY § 8411. Congressional declaration of policy Congress declares that it is the policy of the Federal Government to foster and encourage recreation on Federal recreational lands and wa- ters, to the extent consistent with the laws ap- plicable to specific areas of Federal recreational lands and waters, including multiple-use man- dates and land management planning require- ments. (Pub. L. 118–234, title I, § 111, Jan. 4, 2025, 138 Stat. 2838.) § 8412. Identifying opportunities for recreation (a) Inventory and assessments (1) In general The Secretary concerned shall— Page 2742 TITLE 16—CONSERVATION § 8413 (A) conduct an inventory and assessment of recreation resources for Federal rec- reational lands and waters; (B) develop the inventory and assessment with support from public comment; and (C) update the inventory and assessment as the Secretary concerned determines ap- propriate. (2) Unique recreation values An inventory and assessment conducted under paragraph (1) shall— (A) recognize— (i) any unique recreation values and recreation opportunities; and (ii) areas of concentrated recreational use; and (B) identify, list, and map recreation re- sources by— (i) type of recreation opportunity and type of natural or artificial recreation in- frastructure; (ii) to the extent available, the level of use of the recreation resource as of the date of the inventory; and (iii) identifying, to the extent prac- ticable, any trend relating to recreation opportunities or use at a recreation re- source identified under subparagraph (A). (3) Assessments For any recreation resource inventoried under paragraph (1), the Secretary concerned shall assess— (A) the maintenance needs of, and ex- penses necessary to administer, the recre- ation resource; (B) the suitability for developing, expand- ing, or enhancing the recreation resource; and (C) the adequacy of the current manage- ment of the recreation resource. (b) Existing efforts To the extent practicable, the Secretary con- cerned shall use or incorporate existing applica- ble research and planning decisions and proc- esses in carrying out this section. (c) Omitted (Pub. L. 118–234, title I, § 112, Jan. 4, 2025, 138 Stat. 2838.) Editorial Notes CODIFICATION Section is comprised of section 112 of Pub. L. 118–234. Subsec. (c) of section 112 of Pub. L. 118–234 amended section 200103 of Title 54, National Park Service and Related Programs. § 8413. Recreation budget crosscut Not later than 30 days after the end of each fiscal year, beginning with fiscal year 2025, the Director of the Office of Management and Budg- et shall submit to Congress and make public on- line a report that describes and itemizes the total amount of funding relating to outdoor recreation that was obligated in the preceding fiscal year in accounts in the Treasury for the Department of the Interior and the Department of Agriculture. (Pub. L. 118–234, title I, § 114, Jan. 4, 2025, 138 Stat. 2841.) PART B—PUBLIC RECREATION ON FEDERAL RECREATIONAL LANDS AND WATERS § 8421. Biking on long-distance trails (a) Identification of long-distance trails Not later than 18 months after January 4, 2025, the Secretaries shall identify— (1) not fewer than 10 long-distance bike trails that make use of trails and roads in ex- istence on January 4, 2025; and (2) not fewer than 10 areas in which there is an opportunity to develop or complete a trail that would qualify as a long-distance bike trail. (b) Public comment The Secretaries shall— (1) develop a process to allow members of the public to comment regarding the identifica- tion of trails and areas under subsection (a); and (2) consider the identification, development, and completion of long-distance bike trails in a geographically equitable manner. (c) Maps, signage, and promotional materials For any long-distance bike trail identified under subsection (a), the Secretary concerned may— (1) publish and distribute maps, install sign- age, and issue promotional materials; and (2) coordinate with stakeholders to leverage any non-Federal resources necessary for the stewardship, development, or completion of trails. (d) Report Not later than 2 years after January 4, 2025, the Secretaries, in partnership with interested organizations, shall prepare and publish a report that lists the trails identified under subsection (a), including a summary of public comments re- ceived in accordance with the process developed under subsection (b). (e) Conflict avoidance with other uses Before identifying a long-distance bike trail under subsection (a), the Secretary concerned shall ensure the long-distance bike trail— (1) minimizes conflict with— (A) the uses, before January 4, 2025, of any trail or road that is part of that long-dis- tance bike trail; (B) multiple-use areas where biking, hik- ing, horseback riding, or use by pack and saddle stock are existing uses on January 4, 2025; (C) the purposes for which any trail was or is established under the National Trails Sys- tem Act (16 U.S.C. 1241 et seq.); and (D) any area managed under the Wilder- ness Act (16 U.S.C. 1131 et seq.); and (2) complies with land use and management plans of the Federal recreational lands and waters that are part of that long-distance bike trail. (f) Eminent domain or condemnation In carrying out this section, the Secretaries may not use eminent domain or condemnation. Page 2743 TITLE 16—CONSERVATION § 8423 (g) Definitions In this section: (1) Long-distance bike trail The term ‘‘long-distance bike trail’’ means a continuous route, consisting of 1 or more trails or rights-of-way, that— (A) is not less than 80 miles in length; (B) primarily makes use of dirt or natural surface trails; (C) may require connections along paved or other improved roads; (D) does not include Federal recreational lands where mountain biking or related ac- tivities are not consistent with management requirements for those Federal recreational lands; and (E) to the maximum extent practicable, makes use of trails and roads that were on Federal recreational lands on or before Jan- uary 4, 2025. (2) Secretaries The term ‘‘Secretaries’’ means the Secretary of the Interior and the Secretary of Agri- culture, acting jointly. (Pub. L. 118–234, title I, § 121, Jan. 4, 2025, 138 Stat. 2842.) Editorial Notes REFERENCES IN TEXT The National Trails System Act, referred to in sub- sec. (e)(1)(C), is Pub. L. 90–543, Oct. 2, 1968, 82 Stat. 919, which is classified generally to chapter 27 (§ 1241 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1241 of this title and Tables. The Wilderness Act, referred to in subsec. (e)(1)(D), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classi- fied generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. § 8422. Protecting America’s rock climbing (a) In general Not later than 18 months after January 4, 2025, each Secretary concerned shall issue guidance for recreational climbing activities on covered Federal land. (b) Applicable law The guidance issued under subsection (a) shall ensure that recreational climbing activities comply with the laws (including regulations) ap- plicable to the covered Federal land. (c) Wilderness areas The guidance issued under subsection (a) shall recognize that recreational climbing (including the use, placement, and maintenance of fixed anchors) is an appropriate use within a compo- nent of the National Wilderness Preservation System, if undertaken— (1) in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other applicable laws (including regulations); and (2) subject to any terms and conditions de- termined by the Secretary concerned to be ap- propriate. (d) Authorization The guidance issued under subsection (a) shall describe the requirements, if any, for the place- ment and maintenance of fixed anchors for rec- reational climbing in a component of the Na- tional Wilderness Preservation System, includ- ing any terms and conditions determined by the Secretary concerned to be appropriate, which may be issued programmatically or on a case- by-case basis. (e) 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 January 4, 2025, in accordance with this chapter. (f) Public comment Before finalizing the guidance issued under subsection (a), the Secretary concerned shall provide opportunities for public comment with respect to the guidance. (g) Covered Federal land defined In this section, the term ‘‘covered Federal land’’— (1) means the lands described in subpara- graphs (A) and (B) of paragraph (2); and (2) includes components of the National Wil- derness Preservation System. (Pub. L. 118–234, title I, § 122, Jan. 4, 2025, 138 Stat. 2843.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in subsec. (c)(1), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classi- fied generally to chapter 23 (§ 1131 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of this title and Tables. This chapter, referred to in subsec. (e), was in the original ‘‘this Act’’, meaning Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2836, known as the Expanding Public Lands Outdoor Recreation Experiences Act and also known as the EXPLORE Act, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8401 of this title and Tables. § 8423. Range access (a) Definition of target shooting range In this section, the term ‘‘target shooting range’’ means a developed and managed area that is authorized or operated by the Forest Service, a concessioner of the Forest Service, or the Bureau of Land Management (or their les- see) specifically for the purposeful discharge by the public of legal firearms, firearms training, archery, or other associated activities. (b) Assessment; identification of target shooting range locations (1) Assessment Not later than 1 year after January 4, 2025, the Secretary concerned shall make available to the public a list that— (A) identifies each National Forest and each Bureau of Land Management district that has a target shooting range that meets the requirements described in paragraph (3)(B); Page 2744 TITLE 16—CONSERVATION § 8423 (B) identifies each National Forest and each Bureau of Land Management district that does not have a target shooting range that meets the requirements described in paragraph (3)(B); and (C) for each National Forest and each Bu- reau of Land Management district identified under subparagraph (B), provides a deter- mination of whether applicable law or the applicable land use plan prevents the estab- lishment of a target shooting range that meets the requirements described in para- graph (3)(B). (2) Identification of target shooting range loca- tions (A) In general The Secretary concerned shall identify at least 1 suitable location for a target shoot- ing range that meets the requirements de- scribed in paragraph (3)(B) within each Na- tional Forest and each Bureau of Land Man- agement district with respect to which the Secretary concerned has determined under paragraph (1)(C) that the establishment of a target shooting range is not prevented by applicable law or the applicable land use plan. (B) Requirements The Secretaries, in consultation with the entities described in subsection (d), shall, for purposes of identifying a suitable location for a target shooting range under subpara- graph (A)— (i) consider the proximity of areas fre- quently used by recreational shooters; (ii) ensure that the target shooting range would not adversely impact a shooting range operated on non-Federal land; and (iii) consider other nearby recreational uses, including proximity to units of the National Park System, to minimize poten- tial conflict and prioritize visitor safety. (3) Establishment of new target shooting ranges (A) In general Not later than 5 years after January 4, 2025, at 1 or more suitable locations identi- fied on each eligible National Forest and Bu- reau of Land Management district under paragraph (2)(A), the Secretary concerned shall— (i) subject to the availability of appro- priations for such purpose, construct a tar- get shooting range that meets the require- ments described in subparagraph (B) or modify an existing target shooting range to meet the requirements described in sub- paragraph (B); or (ii) enter into an agreement with an en- tity described in subsection (d)(1), under which the entity shall establish or main- tain a target shooting range that meets the requirements described in subpara- graph (B). (B) Requirements A target shooting range established under this paragraph— (i)(I) shall be able to accommodate rifles and pistols; (II) may include skeet, trap, or sporting clay infrastructure; and (III) may accommodate archery; (ii) shall include appropriate public safe- ty designs and features, including— (I) significantly modified landscapes, including berms, buffer distances, or other public safety designs or features; and (II) a designated firing line; and (iii) may include— (I) shade structures; (II) trash containers; (III) restrooms; (IV) benches; and (V) any other features that the Sec- retary concerned determines to be nec- essary. (C) Recreation and Public Purposes Act For purposes of subparagraph (A), the Sec- retary concerned may consider a target shooting range that is located on land trans- ferred or leased pursuant to the Act of June 14, 1926 (commonly known as the ‘‘Recre- ation and Public Purposes Act’’) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), as a target shooting range that meets the re- quirements described in subparagraph (B). (c) Restrictions (1) Management The management of a target shooting range shall be subject to such conditions as the Sec- retary concerned determines are necessary for the safe, responsible use of— (A) the target shooting range; and (B) the adjacent land and resources. (2) Closures Except in emergency situations, the Sec- retary concerned shall seek to ensure that a target shooting range that meets the require- ments described in subsection (b)(3)(B), or an equivalent shooting range adjacent to a Na- tional Forest or Bureau of Land Management district, is available to the public prior to closing Federal recreational lands and waters administered by the Chief of the Forest Serv- ice or the Director of the Bureau of Land Man- agement to recreational shooting, in accord- ance with section 7913 of this title. (d) Coordination (1) In general In carrying out this section, the Secretaries shall coordinate with— (A) State, Tribal, and local governments; (B) nonprofit or nongovernmental organi- zations, including organizations that are sig- natories to the memorandum of under- standing entitled ‘‘Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding’’ and signed by the Forest Service and the Bureau of Land Management on August 17, 2006; (C) shooting clubs; (D) Federal advisory councils relating to hunting and shooting sports; and (E) individuals or entities with authorized leases or permits in an area under consider- ation for a target shooting range. Page 2745 TITLE 16—CONSERVATION § 8425 (2) Partnerships The Secretaries may— (A) coordinate with an entity described in paragraph (1) to assist with the construc- tion, modification, operation, or mainte- nance of a target shooting range; and (B) explore opportunities to leverage fund- ing to maximize non-Federal investment in the construction, modification, operation, or maintenance of a target shooting range. (e) Annual reports Not later than 2 years after January 4, 2025, and annually thereafter through fiscal year 2033, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made with respect to the implementa- tion of this section. (f) Savings clause Nothing in this section affects the authority of the Secretary concerned to administer a tar- get shooting range that is in addition to the tar- get shooting ranges that meet the requirements described in subsection (b)(3)(B) on Federal rec- reational lands and waters administered by the Secretary concerned. (Pub. L. 118–234, title I, § 123, Jan. 4, 2025, 138 Stat. 2844.) § 8424. Restoration of overnight campsites (a) Definitions In this section: (1) Recreation Area The term ‘‘Recreation Area’’ means the recreation area and grounds associated with the recreation area on the map entitled ‘‘Ouachita National Forest Camping Restora- tion’’ and dated November 30, 2023, on file with the Forest Service. (2) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (b) In general The Secretary shall— (1) not later than 6 months after January 4, 2025, identify 54 areas within the Recreation Area that may be suitable for overnight camp- ing; and (2) not later than 2 years after January 4, 2025— (A) review each area identified under para- graph (1); and (B) from the areas so identified, select and establish at least 27 campsites and related facilities within the Recreation Area for public use. (c) Requirements related to campsites and re- lated facilities The Secretary shall— (1) ensure that at least 27 campsites are available under subsection (b), of which not less than 8 shall have electric and water hook- ups; and (2) ensure that each campsite and related fa- cility identified or established under sub- section (b) is located outside of the 1 percent annual exceedance probability flood elevation. (d) Reopening of certain sites Not later than 30 days after January 4, 2025, the Secretary shall open each campsite within the Recreation Area that— (1) exists on January 4, 2025; (2) is located outside of the 1 percent annual exceedance probability flood elevation; (3) was in operation on June 1, 2010; and (4) would not interfere with any current (as of January 4, 2025) day use areas. (e) Day use areas Not later than 1 year after January 4, 2025, the Secretary shall take such actions as are nec- essary to rehabilitate and make publicly acces- sible the areas in the Recreation Area identified for year-round day use, including the following: (1) Loop A. (2) Loop B. (3) The covered, large-group picnic pavilion in Loop D. (4) The parking lot in Loop D. (Pub. L. 118–234, title I, § 124, Jan. 4, 2025, 138 Stat. 2846.) § 8425. Motorized and nonmotorized access (a) In general The Secretary concerned shall seek to have, not later than 5 years after January 4, 2025, in a printed and publicly available format that is compliant with the format for geographic infor- mation systems— (1) for each district administered by the Di- rector of the Bureau of Land Management, a ground transportation linear feature map au- thorized for public use or administrative use; and (2) for each unit of the National Forest Sys- tem, a motor vehicle use map, in accordance with existing law. (b) Over-snow vehicle-use maps The Secretary concerned shall seek to have, not later than 10 years after January 4, 2025, in a printed and publicly available format that is compliant with the format for geographic infor- mation 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 Man- agement on which over-snow vehicle-use occurs, in accordance with existing law. (c) Out-of-date maps Not later than 20 years after the date on which the Secretary concerned adopted or reviewed, through public notice and comment, a map de- scribed in subsection (a) or (b), the Secretary concerned shall seek to review, through public notice and comment, and update, as necessary, the applicable map. (d) Motorized and nonmotorized access The Secretaries shall seek to create additional opportunities, as appropriate, and in accordance with existing law, for motorized and non- motorized access and opportunities on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management. Page 2746 TITLE 16—CONSERVATION § 8426 1 So in original. ‘‘Reclamation’’ is capitalized in this term in section 460l–32(3) of this title and in this section. (e) Savings clause Nothing in this section prohibits a lawful use, including authorized motorized or nonmotorized uses, on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Manage- ment, if the Secretary concerned fails to meet a timeline established under this section. (Pub. L. 118–234, title I, § 127, Jan. 4, 2025, 138 Stat. 2855.) § 8426. Aquatic resource activities assistance (a) Definitions In this section: (1) Aquatic Nuisance Species Task Force The term ‘‘Aquatic Nuisance Species Task Force’’ means the Aquatic Nuisance Species Task Force established by section 4721(a) of this title. (2) Decontamination The term ‘‘decontamination’’ means actions to remove aquatic nuisance species to prevent introduction or spread into new aquatic eco- systems. (3) Federal land and water The term ‘‘Federal land and water’’ means Federal land and water operated and main- tained by the Bureau of Land Management, the U.S. Fish and Wildlife Service, the Bureau of Reclamation, the Forest Service, or the Na- tional Park Service, as applicable. (4) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given such term in section 5304 of title 25. (5) Inspection The term ‘‘inspection’’ means actions to find aquatic nuisance species to prevent introduc- tion or spread into new aquatic ecosystems. (6) Partner The term ‘‘partner’’ means— (A) a Reclamation State; (B) an Indian Tribe in a Reclamation State; (C) an applicable nonprofit organization in a Reclamation State; (D) a unit of local government in a Rec- lamation State; or (E) a private entity. (7) Reclamation State The term ‘‘Reclamation State’’ includes any of the following States: (A) Alaska. (B) Arizona. (C) California. (D) Colorado. (E) Idaho. (F) Kansas. (G) Montana. (H) Nebraska. (I) Nevada. (J) New Mexico. (K) North Dakota. (L) Oklahoma. (M) Oregon. (N) South Dakota. (O) Texas. (P) Utah. (Q) Washington. (R) Wyoming. (8) Reclamation project The term ‘‘reclamation 1 project’’ has the meaning given such term in section 460l–32(3) of this title. (9) Secretaries The term ‘‘Secretaries’’ means each of the following: (A) The Secretary, acting through the Di- rector of the Bureau of Land Management, the Commissioner of Reclamation, and the Director of the National Park Service. (B) The Secretary of Agriculture, acting through the Chief of the Forest Service. (10) Vessel The term ‘‘vessel’’ means any watercraft or other contrivance used or designed for trans- portation or navigation on, under, or imme- diately above, water. (b) Authority of Bureau of Land Management, Bureau of Reclamation, National Park Serv- ice, and Forest Service with respect to cer- tain aquatic resource activities on Federal land and waters (1) In general The head of each Federal land management agency is authorized to carry out inspections and decontamination of vessels entering or leaving Federal land and waters under the ju- risdiction of the respective Federal land man- agement agency. (2) Requirements The Secretaries shall— (A) in carrying out an inspection and de- contamination under paragraph (1), coordi- nate with 1 or more partners; (B) consult with the Aquatic Nuisance Species Task Force to identify potential im- provements and efficiencies in the detection and management of aquatic nuisance species on Federal land and water; and (C) to the maximum extent practicable, in- spect and decontaminate vessels in a manner that minimizes disruptions to public access for boating and recreation in noncontami- nated vessels. (3) Partnerships The Secretaries may enter into a partner- ship to lead, collaborate with, or provide tech- nical assistance to a partner— (A) to carry out an inspection or decon- tamination of vessels; or (B) to establish an inspection and decon- tamination station for vessels. (4) Limitation The Secretaries shall not prohibit access to vessels due solely to the absence of a Federal, State, or partner’s inspection program or sta- tion. Page 2747 TITLE 16—CONSERVATION § 8441 1 See References in Text note below. (5) Exceptions (A) Authority to regulate vessels Nothing in this section shall be construed to limit the authority of the Commandant of the Coast Guard to regulate vessels provided under any other provision of law. (B) Applicability Authorities granted in this subsection shall not apply at locations where inspection or decontamination activities would dupli- cate efforts by the Coast Guard. (6) Data sharing The Secretaries shall make available to a Reclamation State any relevant data gathered related to inspections or decontaminations carried out under this subsection in such State. (c) Grant program for Reclamation States for vessel inspection and decontamination sta- tions (1) Vessels inspections in Reclamation States Subject to the availability of appropriations, the Secretary, acting through the Commis- sioner of Reclamation, shall establish a com- petitive grant program to provide financial as- sistance to partners to conduct inspections and decontamination of vessels operating in Reclamation projects, including to purchase, establish, operate, or maintain a vessel inspec- tion and decontamination station. (2) Cost share The Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent. (3) Standards Before awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible. (4) Coordination In carrying out this subsection, the Sec- retary shall coordinate with— (A) each of the Reclamation States; (B) affected Indian Tribes; and (C) the Aquatic Nuisance Species Task Force. (Pub. L. 118–234, title I, § 128, Jan. 4, 2025, 138 Stat. 2856.) PART C—SUPPORTING GATEWAY COMMUNITIES AND ADDRESSING PARK OVERCROWDING § 8441. Gateway communities (a) Assessment of impacts and needs in gateway communities The Secretaries— (1) shall collaborate with State and local governments, Indian Tribes, housing authori- ties, applicable trade associations, nonprofit organizations, private entities, and other rel- evant stakeholders to identify needs and eco- nomic impacts in gateway communities, in- cluding— (A) housing shortages; (B) demands on existing municipal infra- structure; (C) accommodation and management of sustainable visitation; and (D) the expansion and diversification of visitor experiences by bolstering the visita- tion at— (i) existing developed locations that are underutilized on nearby Federal rec- reational lands and waters that are suit- able for developing, expanding, or enhanc- ing recreation use, as identified by the Secretaries; or (ii) existing developed and suitable less- er-known recreation sites, as identified under section 5(b)(1)(B),1 on nearby land managed by a State agency or a local agency; and (2) may address a need identified under para- graph (1) by— (A) providing financial or technical assist- ance to a gateway community under an ex- isting program; (B) entering into an agreement, right-of- way, or easement, in accordance with appli- cable laws; or (C) issuing an entity referred to in para- graph (1) a special use permit (other than a special recreation permit (as defined in sec- tion 6801 of this title), in accordance with applicable laws. (b) Technical and financial assistance to busi- nesses (1) In general The Secretary of Agriculture (acting through the Administrator of the Rural Busi- ness-Cooperative Service), in coordination with the Secretary and the Secretary of Com- merce, shall provide to businesses in gateway communities the assistance described in para- graph (2) to establish, operate, or expand in- frastructure to accommodate and manage sus- tainable visitation, including hotels, camp- grounds, and restaurants. (2) Assistance The Secretary of Agriculture may provide assistance under paragraph (1) through the use of existing, or the establishment of new, entre- preneur and vocational training programs, technical assistance programs, low-interest business loan programs, and loan guarantee programs. (c) Partnerships In carrying out this section, the Secretaries may, in accordance with applicable laws, enter into a public-private partnership, cooperative agreement, memorandum of understanding, or similar agreement with a gateway community or a business in a gateway community. (Pub. L. 118–234, title I, § 131, Jan. 4, 2025, 138 Stat. 2858.) Editorial Notes REFERENCES IN TEXT Section 5(b)(1)(B), referred to in subsec. (a)(1)(D)(ii), probably means section 8442(b)(1)(B) of this title. Sec- tion 5(b)(1)(B) probably referred to section 5(b)(1)(B) of Page 2748 TITLE 16—CONSERVATION § 8442 H.R. 3200 introduced in the House in the 118th Congress on May 10, 2023. A later version of H.R. 3200 was enacted as subtitle C of title I of Pub. L. 118–234, and, as en- acted, does not contain a section 5. However, section 132(b)(1)(B) of Pub. L. 118–234, which is classified to sec- tion 8442(b)(1)(B) of this title, contains provisions iden- tical to those in section 5(b)(1)(B) of H.R. 3200. § 8442. Improved recreation visitation data (a) Consistent visitation data (1) Annual visitation data The Secretaries shall establish a single visi- tation data reporting system to report accu- rate annual visitation data, in a consistent manner, for— (A) each unit of Federal recreational lands and waters; and (B) land held in trust for an Indian Tribe, on request of the Indian Tribe. (2) Categories of use Within the visitation data reporting system established under paragraph (1), the Secre- taries shall— (A) establish multiple categories of dif- ferent recreation activities that are reported consistently across agencies; and (B) provide an estimate of the number of visitors for each applicable category estab- lished under subparagraph (A) for each unit of Federal recreational lands and waters. (b) Real-Time Data Pilot Program (1) In general Not later than 5 years after January 4, 2025, using existing funds available to the Secre- taries, the Secretaries shall carry out a pilot program, to be known as the ‘‘Real-Time Data Pilot Program’’ (referred to in this section as the ‘‘Pilot Program’’), to make available to the public, for each unit of Federal rec- reational lands and waters selected for partici- pation in the Pilot Program under paragraph (2)— (A) real-time or predictive data on visita- tion (including data and resources publicly available from existing nongovernmental platforms) at— (i) the unit of Federal recreational lands and waters; (ii) to the extent practicable, areas with- in the unit of Federal recreational lands and waters; and (iii) to the extent practicable, recreation sites managed by any other Federal agen- cy, a State agency, or a local agency that are located near the unit of Federal rec- reational lands and waters; and (B) through multiple media platforms, in- formation about lesser-known recreation sites located near the unit of Federal rec- reational lands and waters (including recre- ation sites managed by any other Federal agency, a State agency, or a local agency), in an effort to encourage visitation among recreational sites. (2) Locations (A) Initial number of units On establishment of the Pilot Program, the Secretaries shall select for participation in the Pilot Program— (i) 10 units of Federal recreational lands and waters managed by the Secretary; (ii) 5 units of Federal recreational lands and waters managed by the Secretary of Agriculture (acting through the Chief of the Forest Service); (iii) 1 unit of Federal recreational lands and waters managed by the Secretary of Commerce (acting through the Adminis- trator of the National Oceanic and Atmos- pheric Administration); and (iv) 1 unit of Federal recreational lands and waters managed by the Assistant Sec- retary of Army for Civil Works. (B) Report Not later than 6 years after January 4, 2025, the Secretaries shall submit a report to Congress regarding the implementation of the pilot program, including policy rec- ommendations to expand the pilot program to additional units managed by the Secre- taries. (C) Feedback; support of gateway commu- nities The Secretaries shall— (i) solicit feedback regarding participa- tion in the Pilot Program from commu- nities adjacent to units of Federal rec- reational lands and waters and the public; and (ii) in carrying out subparagraphs (A) and (B), select a unit of Federal recreation lands and waters to participate in the Pilot Program only if the community ad- jacent to the unit of Federal recreational lands and waters is supportive of the par- ticipation of the unit of Federal rec- reational lands and waters in the Pilot Program. (3) Dissemination of information The Secretaries may disseminate the infor- mation described in paragraph (1) directly or through an entity or organization referred to in subsection (c). (4) Inclusion of current assessments In carrying out the Pilot Program, the Sec- retaries may, to the extent practicable, rely on assessments completed or data gathered prior to January 4, 2025. (c) Community partners and third-party pro- viders For purposes of carrying out this section, the Secretary concerned may— (1) coordinate and partner with— (A) communities adjacent to units of Fed- eral recreational lands and waters; (B) State and local outdoor recreation and tourism offices; (C) local governments; (D) Indian Tribes; (E) trade associations; (F) local outdoor recreation marketing or- ganizations; (G) permitted facilitated recreation pro- viders; or (H) other relevant stakeholders; and (2) coordinate or enter into agreements, as appropriate, with private sector and nonprofit partners, including— Page 2749 TITLE 16—CONSERVATION § 8451 (A) technology companies; (B) geospatial data companies; (C) experts in data science, analytics, and operations research; or (D) data companies. (d) Existing programs The Secretaries may use existing programs or products of the Secretaries to carry out this sec- tion. (e) Privacy clauses Nothing in this section provides authority to the Secretaries— (1) to monitor or record the movements of a visitor to a unit of Federal recreational lands and waters; (2) to restrict, interfere with, or monitor a private communication of a visitor to a unit of Federal recreational lands and waters; or (3) to collect— (A) information from owners of land adja- cent to a unit of Federal recreational lands and waters; or (B) information on non-Federal land. (f) Reports Not later than 1 year after January 4, 2025, and annually thereafter, the Secretaries shall pub- lish on a website of the Secretaries a report that describes the annual visitation of each unit of Federal recreational lands and waters, includ- ing, to the maximum extent practicable, visita- tion categorized by recreational activity. (g) Definitions In this section— (1) Federal recreational lands and waters The term ‘‘Federal recreational lands and waters’’— (A) has the meaning given the term in sec- tion 6801 of this title; and (B) includes Federal lands and waters man- aged by the National Oceanic and Atmos- pheric Administration and the U.S. Army Corps of Engineers. (2) Secretaries The term ‘‘Secretaries’’ means— (A) the Secretary, with respect to lands under the jurisdiction of the Secretary; (B) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to lands under the jurisdiction of the Forest Service; (C) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, with respect to Federal waters under the ju- risdiction of the National Oceanic and At- mospheric Administration; and (D) the Assistant Secretary of Army for Civil Works, with respect to lakes and res- ervoirs under the jurisdiction of the U.S. Army Corps of Engineers. (Pub. L. 118–234, title I, § 132, Jan. 4, 2025, 138 Stat. 2859.) § 8443. Monitoring for improved recreation deci- sion making (a) In general The Secretaries shall seek to capture com- prehensive recreation use data to better under- stand and inform decision making by the Secre- taries. (b) Pilot protocols Not later than 1 year after January 4, 2025, and after public notice and comment, the Secre- taries shall establish pilot protocols at not fewer than 10 land management units under the jurisdiction of each of the Secretaries to model recreation use patterns (including low-use recre- ation activities and dispersed recreation activi- ties) that may not be effectively measured by existing general and opportunistic survey and monitoring protocols. (c) Secretaries defined In this section, the term ‘‘Secretaries’’ means— (1) the Secretary, with respect to lands under the jurisdiction of the Secretary; (2) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to lands under the jurisdiction of the Forest Service; (3) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, with respect to Federal waters under the juris- diction of the National Oceanic and Atmos- pheric Administration; and (4) the Assistant Secretary of Army for Civil Works, with respect to lakes and reservoirs under the jurisdiction of the U.S. Army Corps of Engineers. (Pub. L. 118–234, title I, § 133, Jan. 4, 2025, 138 Stat. 2862.) PART D—BROADBAND CONNECTIVITY ON FEDERAL RECREATIONAL LANDS AND WATERS § 8451. Connect our parks (a) Definitions In this section: (1) Appropriate committees of Congress The term ‘‘appropriate committees of Con- gress’’ means— (A) the Committee on Energy and Natural Resources of the Senate; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Natural Resources of the House of Representatives; and (D) the Committee on Energy and Com- merce of the House of Representatives. (2) Broadband internet access service The term ‘‘broadband internet access serv- ice’’ has the meaning given the term in sec- tion 8.1(b) of title 47, Code of Federal Regula- tions (or a successor regulation). (3) Cellular service The term ‘‘cellular service’’ has the meaning given the term in section 22.99 of title 47, Code of Federal Regulations (or a successor regula- tion). (4) National Park The term ‘‘National Park’’ means a unit of the National Park System. (5) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the National Park Service. Page 2750 TITLE 16—CONSERVATION § 8452 (b) Assessment (1) In general Not later than 1 year after January 4, 2025, the Secretary shall complete an assessment of National Parks to identify— (A) locations in National Parks in which there is the greatest need for broadband internet access service, based on the consid- erations described in paragraph (2)(A); and (B) areas in National Parks in which there is the greatest need for cellular service, based on the considerations described in paragraph (2)(B). (2) Considerations (A) Broadband internet access service For purposes of identifying locations in National Parks under paragraph (1)(A), the Secretary shall consider, with respect to each National Park, the availability of broadband internet access service in— (i) housing; (ii) administrative facilities and related structures; (iii) lodging; (iv) developed campgrounds; and (v) any other location within the Na- tional Park in which broadband internet access service is determined to be nec- essary by the superintendent of the Na- tional Park. (B) Cellular service For purposes of identifying areas in Na- tional Parks under paragraph (1)(B), the Sec- retary shall consider, with respect to each National Park, the availability of cellular service in any developed area within the Na- tional Park that would increase— (i) the access of the public to emergency services and traveler information tech- nologies; or (ii) the communications capabilities of National Park Service employees. (3) Report On completion of the assessment under para- graph (1), the Secretary shall submit to the appropriate committees of Congress, and make available on the website of the Department of the Interior, a report describing the results of the assessment. (c) Plan (1) In general Not later than 3 years after January 4, 2025, the Secretary shall develop a plan, based on the results of the assessment completed under subsection (b) and subject to paragraph (4)— (A) to install broadband internet access service infrastructure in certain locations in National Parks; and (B) to install cellular service equipment and infrastructure in certain areas of Na- tional Parks. (2) Consultation In developing the plan under paragraph (1), the Secretary shall consult with— (A) affected Indian Tribes; and (B) local stakeholders that the super- intendent of the applicable National Park determines to be appropriate. (3) Requirements The plan developed under paragraph (1) shall— (A) provide for avoiding or minimizing im- pacts to— (i) National Park viewsheds; (ii) cultural and natural resources; (iii) the visitor experience; (iv) historic properties and the viewsheds of historic properties; and (v) other resources or values of the Na- tional Park. (B) provide for infrastructure providing broadband internet access service or cellular service to be located in— (i) previously disturbed or developed areas; or (ii) areas zoned for uses that would sup- port the infrastructure; (C) provide for the use of public-private partnerships— (i) to install broadband internet access service or cellular service equipment; and (ii) to provide broadband internet access service or cellular service; (D) be technology neutral; and (E) in the case of broadband internet ac- cess service, provide for broadband internet access service of at least— (i) a 100–Mbps downstream transmission capacity; and (ii) a 20–Mbps upstream transmission ca- pacity. (4) Limitation Notwithstanding paragraph (1), a plan devel- oped under that paragraph shall not be re- quired to address broadband internet access service or cellular service in any National Park with respect to which the superintendent of the National Park determines that there is adequate access to broadband internet access service or cellular service, as applicable. (Pub. L. 118–234, title I, § 141, Jan. 4, 2025, 138 Stat. 2862.) § 8452. Broadband internet connectivity at devel- oped recreation sites (a) In general The Secretary and the Chief of the Forest Service shall enter into an agreement with the Secretary of Commerce to foster the installa- tion or construction of broadband internet infra- structure at developed recreation sites on Fed- eral recreational lands and waters to establish broadband internet connectivity— (1) subject to the availability of appropria- tions; and (2) in accordance with applicable law. (b) Identification Not later than 3 years after January 4, 2025, and annually thereafter through fiscal year 2031, the Secretary and the Chief of the Forest Serv- ice, in coordination with States and local com- munities, shall make publicly available— (1) a list of the highest priority developed recreation sites, as determined under sub- Page 2751 TITLE 16—CONSERVATION § 8461 1 So in original. Probably should be ‘‘paragraphs’’. section (c), on Federal recreational lands and waters that lack broadband internet; (2) to the extent practicable, an estimate of— (A) the cost to equip each of those sites with broadband internet infrastructure; and (B) the annual cost to operate that infra- structure; and (3) a list of potential— (A) barriers to operating the infrastruc- ture described in paragraph (2)(A); and (B) methods to recover the costs of that operation. (c) Priorities In selecting developed recreation sites for the list described in subsection (b)(1), the Secretary and the Chief of the Forest Service shall give priority to developed recreation sites— (1) at which broadband internet infrastruc- ture has not been constructed due to— (A) geographic challenges; or (B) the location having an insufficient number of nearby permanent residents, de- spite high seasonal or daily visitation levels; or (2) that are located in an economically dis- tressed county that could benefit significantly from developing the outdoor recreation econ- omy of the county. (Pub. L. 118–234, title I, § 142, Jan. 4, 2025, 138 Stat. 2864.) § 8453. Public lands telecommunications coopera- tive agreements (a) Cooperative agreements for the Department of the Interior The Secretary may enter into cooperative agreements to carry out activities related to communications sites on lands managed by Fed- eral land management agencies, including— (1) administering communications use au- thorizations; (2) preparing needs assessments or other pro- grammatic analyses necessary to establish communications sites and authorize commu- nications uses on or adjacent to Federal rec- reational lands and waters managed by a Fed- eral land management agency; (3) developing management plans for com- munications sites on or adjacent to Federal recreational lands and waters managed by a Federal land management agency on a com- petitively neutral, technology neutral, non- discriminatory basis; (4) training for management of communica- tions sites on or adjacent to Federal rec- reational lands and waters managed by a Fed- eral land management agency; (5) obtaining, improving access to, or estab- lishing communications sites on or adjacent to Federal recreational lands and waters man- aged by a Federal land management agency; and (6) any combination of purposes described in subparagraphs 1 (1) through (5). (b) Omitted (c) Assessment of rental fee retention authority Not later than 1 year after January 4, 2025, the Secretary shall conduct a comprehensive assess- ment to evaluate the potential benefits of rental fee retention whereby any fee collected for the occupancy and use of Federal lands and waters authorized by a communications use authoriza- tion would be deposited into a special account and used solely for activities related to commu- nications sites on lands and waters managed by the Secretary. (Pub. L. 118–234, title I, § 143, Jan. 4, 2025, 138 Stat. 2865.) Editorial Notes CODIFICATION Section is comprised of section 143 of Pub. L. 118–234. Subsec. (b) of section 143 of Pub. L. 118–234 amended section 1761a of Title 43, Public Lands. PART E—PUBLIC–PRIVATE PARKS PARTNERSHIPS § 8461. Partnership agreements to modernize fed- erally owned campgrounds, resorts, cabins, and visitor centers on Federal recreational lands and waters (a) Definitions In this section: (1) Covered activity The term ‘‘covered activity’’ means— (A) a capital improvement, including the construction, reconstruction, and nonrou- tine maintenance of any structure, infra- structure, or improvement, relating to the operation of, or access to, a covered recre- ation facility; and (B) any activity necessary to operate or maintain a covered recreation facility. (2) Covered recreation facility The term ‘‘covered recreation facility’’ means a federally owned campground, resort, cabin, or visitor center that is— (A) in existence on January 4, 2025; and (B) located on Federal recreational lands and waters administered by— (i) the Chief of the Forest Service; or (ii) the Director of the Bureau of Land Management. (3) Eligible entity The term ‘‘eligible entity’’ means— (A) a unit of State, Tribal, or local govern- ment; (B) a nonprofit organization; and (C) a private entity. (b) Pilot program The Secretaries shall establish a pilot pro- gram under which the Secretary concerned may enter into an agreement with, or issue or amend a land use authorization to, an eligible entity to allow the eligible entity to carry out covered ac- tivities relating to a covered recreation facility, subject to the requirements of this section and the terms of any relevant land use authoriza- tion, regardless of whether the eligible entity holds, on January 4, 2025, an authorization to be Page 2752 TITLE 16—CONSERVATION § 8461 a concessionaire for the covered recreation facil- ity. (c) Minimum number of agreements or land use authorizations Not later than 3 years after January 4, 2025, the Secretary concerned shall enter into at least 1 agreement or land use authorization under subsection (b) in— (1) a unit of the National Forest System in each region of the National Forest System; and (2) Federal recreational lands and waters ad- ministered by the Director of the Bureau of Land Management in not fewer than 5 States in which the Bureau of Land Management ad- ministers Federal recreational lands and wa- ters. (d) Requirements (1) Development plans Before entering into an agreement or issuing a land use authorization under subsection (b), an eligible entity shall submit to the Sec- retary concerned a development plan that— (A) describes investments in the covered recreation facility to be made by the eligible entity during the first 3 years of the agree- ment or land use authorization; (B) describes annual maintenance spending to be made by the eligible entity for each year of the agreement or land use authoriza- tion; and (C) includes any other terms and condi- tions determined to be necessary or appro- priate by the Secretary concerned. (2) Agreements and land use authorizations An agreement or land use authorization under subsection (b) shall— (A) be for a term of not more than 30 years, commensurate with the level of in- vestment; (B) require that, not later than 3 years after the date on which the Secretary con- cerned enters into the agreement or issues or amends the land use authorization, the applicable eligible entity shall expend, place in an escrow account for the eligible entity to expend, or deposit in a special account in the Treasury for expenditure by the Sec- retary concerned, without further appropria- tion, for covered activities relating to the applicable covered recreation facility, an amount or specified percentage, as deter- mined by the Secretary concerned, which shall be equal to not less than $500,000, of the anticipated receipts for the term of the agreement or land use authorization; (C) require the eligible entity to operate and maintain the covered recreation facility and any associated infrastructure designated by the Secretary concerned in a manner ac- ceptable to the Secretary concerned and the eligible entity; (D) include any terms and conditions that the Secretary concerned determines to be necessary for a special use permit issued under section 580d of this title, including the payment described in subparagraph (E) or the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), as applica- ble; (E) provide for payment to the Federal Government of a fee or a sharing of rev- enue— (i) consistent with— (I) the land use fee for a special use permit authorized under section 580d of this title; or (II) the value to the eligible entity of the rights provided by the agreement or land use authorization, taking into ac- count the capital invested by, and obli- gations of, the eligible entity under the agreement or land use authorization; and (ii) all or part of which may be offset by the work to be performed at the expense of the eligible entity that is separate from the routine costs of operating and main- taining the applicable covered recreation facility and any associated infrastructure designated by the Secretary concerned, as determined to be appropriate by the Sec- retary concerned; (F) include provisions stating that— (i) the eligible entity shall obtain no property interest in the covered recreation facility pursuant to the expenditures of the eligible entity, as required by the agreement or land use authorization; (ii) all structures and other improve- ments constructed, reconstructed, or non- routinely maintained by that entity under the agreement or land use authorization on land owned by the United States shall be the property of the United States; and (iii) the eligible entity shall be solely re- sponsible for any cost associated with the decommissioning or removal of a capital improvement, if needed, at the conclusion of the agreement or land use authoriza- tion; and (G) be subject to any other terms and con- ditions determined to be necessary or appro- priate by the Secretary concerned. (e) Land use fee retention A land use fee paid or revenue shared with the Secretary concerned under an agreement or land use authorization under this section shall be available for expenditure by the Secretary con- cerned for recreation-related purposes on the unit or area of Federal recreational lands and waters at which the land use fee or revenue is collected, without further appropriation. (Pub. L. 118–234, title I, § 153, Jan. 4, 2025, 138 Stat. 2868.) Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(2)(D), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified prin- cipally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. Page 2753 TITLE 16—CONSERVATION § 8463 § 8462. Parking and restroom opportunities for Federal recreational lands and waters (a) Parking opportunities (1) In general The Secretaries shall seek to increase and improve parking opportunities for persons re- creating on Federal recreational lands and wa- ters— (A) in accordance with existing laws and applicable land use plans; (B) in a manner that minimizes any in- crease in maintenance obligations on Fed- eral recreational lands and waters; and (C) in a manner that does not impact wild- life habitat that is critical to the mission of a Federal agency responsible for managing Federal recreational lands and waters. (2) Authority To supplement the quantity of parking spaces available at units of Federal rec- reational lands and waters on January 4, 2025, the Secretaries may— (A) enter into a public-private partnership for parking opportunities on non-Federal land; (B) enter into contracts or agreements with State, Tribal, or local governments for parking opportunities using non-Federal lands and resources; or (C) provide alternative transportation sys- tems for a unit of Federal recreational lands and waters. (b) Restroom opportunities (1) In general The Secretaries shall seek to increase and improve the function, cleanliness, and avail- ability of restroom facilities for persons recre- ating on Federal recreational lands and wa- ters, including by entering into partnerships with non-Federal partners, including State, Tribal, and local governments and volunteer organizations. (2) Report Not later than 2 years after January 4, 2025, the Secretaries shall submit a report to Con- gress that identifies— (A) challenges to maintaining or improv- ing the function, cleanliness, and avail- ability of restroom facilities on Federal rec- reational lands and waters; (B) the current state of restroom facilities on Federal recreational lands and waters and the effect restroom facilities have on visitor experiences; and (C) policy recommendations that suggest innovative new models or partnerships to in- crease or improve the function, cleanliness, and availability of restroom facilities for persons recreating on Federal recreational lands and waters. (Pub. L. 118–234, title I, § 154, Jan. 4, 2025, 138 Stat. 2870.) § 8463. Pay-for-performance projects (a) Definitions In this section: (1) Independent evaluator The term ‘‘independent evaluator’’ means an individual or entity, including an institution of higher education, that is selected by the pay-for-performance beneficiary and pay-for- performance investor, as applicable, or by the pay-for-performance project developer, in con- sultation with the Secretary of Agriculture, to make the determinations and prepare the re- ports required under subsection (e). (2) National Forest System land The term ‘‘National Forest System land’’ means land in the National Forest System (as defined in section 1609(a) of this title). (3) Pay-for-performance agreement The term ‘‘pay-for-performance agreement’’ means a mutual benefit agreement (excluding a procurement contract, grant agreement, or cooperative agreement described in chapter 63 of title 31) for a pay-for-performance project— (A) with a term of— (i) not less than 1 year; and (ii) not more than 20 years; and (B) that is executed, in accordance with applicable law, by— (i) the Secretary of Agriculture; and (ii) a pay-for-performance beneficiary or pay-for-performance project developer. (4) Pay-for-performance beneficiary The term ‘‘pay-for-performance beneficiary’’ means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that— (A) repays capital loaned upfront by a pay- for-performance investor, based on a project outcome specified in a pay-for-performance agreement; or (B) provides capital directly for costs asso- ciated with a pay-for-performance project. (5) Pay-for-performance investor The term ‘‘pay-for-performance investor’’ means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that provides upfront loaned capital for a pay- for-performance project with the expectation of a financial return dependent on a project outcome. (6) Pay-for-performance project The term ‘‘pay-for-performance project’’ means a project that— (A) would provide or enhance a rec- reational opportunity; (B) is conducted on— (i) National Forest System land; or (ii) other land, if the activities would benefit National Forest System land (in- cluding a recreational use of National For- est System land); and (C) would use an innovative funding or fi- nancing model that leverages— (i) loaned capital from a pay-for-per- formance investor to cover upfront costs associated with a pay-for-performance project, with the loaned capital repaid by a pay-for-performance beneficiary at a rate of return dependent on a project out- Page 2754 TITLE 16—CONSERVATION § 8463 come, as measured by an independent eval- uator; or (ii) capital directly from a pay-for-per- formance beneficiary to support costs as- sociated with a pay-for-performance project in an amount based on an antici- pated project outcome. (7) Pay-for-performance project developer The term ‘‘pay-for-performance project de- veloper’’ means a nonprofit or for-profit orga- nization that serves as an intermediary to as- sist in developing or implementing a pay-for- performance agreement or a pay-for-perform- ance project. (8) Project outcome The term ‘‘project outcome’’ means a meas- urable, beneficial result (whether economic, environmental, or social) that is attributable to a pay-for-performance project and described in a pay-for-performance agreement. (b) Establishment of pilot program The Secretary of Agriculture shall establish a pilot program in accordance with this section to carry out 1 or more pay-for-performance projects. (c) Pay-for-performance projects (1) In general Using funds made available through a pay- for-performance agreement or appropriations, all or any portion of a pay-for-performance project may be implemented by— (A) the Secretary of Agriculture; or (B) a pay-for-performance project devel- oper or a third party, subject to the condi- tions that— (i) the Secretary of Agriculture shall ap- prove the implementation by the pay-for- performance project developer or third party; and (ii) the implementation is in accordance with applicable law. (2) Relation to land management plans A pay-for-performance project carried out under this section shall be consistent with any applicable land management plan developed under section 1604 of this title. (3) Ownership (A) New improvements The United States shall have title to any improvements installed on National Forest System land as part of a pay-for-perform- ance project. (B) Existing improvements Investing in, conducting, or completing a pay-for-performance project on National Forest System land shall not affect the title of the United States to— (i) any federally owned improvements in- volved in the pay-for-performance project; or (ii) the underlying land. (4) Savings clause The carrying out of any action for a pay-for- performance project does not provide any right to any party to a pay-for-performance agreement. (5) Potential conflicts Before approving a pay-for-performance project under this section, the Secretary of Agriculture shall consider and seek to avoid potential conflicts (including economic com- petition) with any existing written authorized use. (d) Project agreements (1) In general Notwithstanding the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498), or subtitle C of title XX of the Social Security Act (42 U.S.C. 1397n et seq.), in carrying out the pilot program under this section, the Secretary of Agriculture may enter into a pay-for-perform- ance agreement under which a pay-for-per- formance beneficiary, pay-for-performance in- vestor, or pay-for-performance project devel- oper agrees to pay for or finance all or part of a pay-for-performance project. (2) Size limitation The Secretary of Agriculture may not enter into a pay-for-performance agreement under the pilot program under this section for a pay- for-performance project valued at more than $15,000,000. (3) Financing (A) In general A pay-for-performance agreement shall specify the amounts that a pay-for-perform- ance beneficiary or a pay-for-performance project developer agrees to pay to a pay-for- performance investor or a pay-for-perform- ance project developer, as appropriate, in the event of an independent evaluator deter- mining pursuant to subsection (e) the degree to which a project outcome has been achieved. (B) Eligible payments An amount described in subparagraph (A) shall be— (i) based on— (I) the respective contributions of the parties under the pay-for-performance agreement; and (II) the economic, environmental, or social benefits derived from the project outcomes; and (ii)(I) a percentage of the estimated value of a project outcome; (II) a percentage of the estimated cost savings to the pay-for-performance bene- ficiary or the Secretary of Agriculture de- rived from a project outcome; (III) a percentage of the enhanced rev- enue to the pay-for-performance bene- ficiary or the Secretary of Agriculture de- rived from a project outcome; or (IV) a percentage of the cost of the pay- for-performance project. (C) Forest service financial assistance Subject to the availability of appropria- tions, the Secretary of Agriculture may con- tribute funding for a pay-for-performance project only if— (i) the Secretary of Agriculture dem- onstrates that— Page 2755 TITLE 16—CONSERVATION § 8463 (I) the pay-for-performance project would provide a cost savings to the United States; (II) the funding would accelerate the pace of implementation of an activity previously planned to be completed by the Secretary of Agriculture; or (III) the funding would accelerate the scale of implementation of an activity previously planned to be completed by the Secretary of Agriculture; and (ii) the contribution of the Secretary of Agriculture has a value that is not more than 50 percent of the total cost of the pay-for-performance project. (D) Special account Any funds received by the Secretary of Ag- riculture under subsection (c)(1)— (i) shall be retained in a separate fund in the Treasury to be used solely for pay-for- performance projects; and (ii) shall remain available until expended and without further appropriation. (4) Maintenance and decommissioning of pay- for-performance project improvements A pay-for-performance agreement shall— (A) include a plan for maintaining any capital improvement constructed as part of a pay-for-performance project after the date on which the pay-for-performance project is completed; and (B) specify the party that will be respon- sible for decommissioning the improvements associated with the pay-for-performance project— (i) at the end of the useful life of the im- provements; (ii) if the improvements no longer serve the purpose for which the improvements were developed; or (iii) if the pay-for-performance project fails. (5) Termination of pay-for-performance project agreements The Secretary of Agriculture may unilater- ally terminate a pay-for-performance agree- ment, in whole or in part, for any program year beginning after the program year during which the Secretary of Agriculture provides to each party to the pay-for-performance agree- ment a notice of the termination. (e) Independent evaluations (1) Progress reports An independent evaluator shall submit to the Secretary of Agriculture and each party to the applicable pay-for-performance agree- ment— (A) by not later than 2 years after the date on which the pay-for-performance agreement is executed, and at least once every 2 years thereafter, a written report that summarizes the progress that has been made in achieving each project outcome; and (B) before the first scheduled date for a payment described in subsection (d)(3)(A), and each subsequent date for payment, a written report that— (i) summarizes the results of the evalua- tion conducted by the independent eval- uator to determine whether a payment should be made pursuant to the pay-for- performance agreement; and (ii) analyzes the reasons why a project outcome was achieved or was not achieved. (2) Final reports Not later than 180 days after the date on which a pay-for-performance project is com- pleted, the independent evaluator shall submit to the Secretary of Agriculture and each party to the pay-for-performance agreement a writ- ten report that includes, with respect to the period covered by the report— (A) an evaluation of the effects of the pay- for-performance project with respect to each project outcome; (B) a determination of whether the pay- for-performance project has met each project outcome; and (C) the amount of the payments made for the pay-for-performance project pursuant to subsection (d)(3)(A). (f) Additional Forest Service-provided assistance (1) Technical assistance The Secretary of Agriculture may provide technical assistance to facilitate pay-for-per- formance project development, such as plan- ning, permitting, site preparation, and design work. (2) Consultants Subject to the availability of appropriations, the Secretary of Agriculture may hire a con- tractor— (A) to conduct a feasibility analysis of a proposed pay-for-performance project; (B) to assist in the development, imple- mentation, or evaluation of a proposed pay- for-performance project or a pay-for-per- formance agreement; or (C) to assist with an environmental anal- ysis of a proposed pay-for-performance project. (g) Savings clause The Secretary of Agriculture shall approve a record of decision, decision notice, or decision memo for any activities to be carried out on Na- tional Forest System land as part of a pay-for- performance project before the Secretary of Ag- riculture may enter into a pay-for-performance agreement involving the applicable pay-for-per- formance project. (h) Duration of pilot program (1) Sunset The authority to enter into a pay-for-per- formance agreement under this section termi- nates on the date that is 7 years after January 4, 2025. (2) Savings clause Nothing in paragraph (1) affects any pay-for- performance project agreement entered into by the Secretary of Agriculture under this sec- tion before the date described in that para- graph. (Pub. L. 118–234, title I, § 155, Jan. 4, 2025, 138 Stat. 2871.) Page 2756 TITLE 16—CONSERVATION § 8464 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (d)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Subtitle C of title XX of the Act is classified generally to division C (§ 1397n et seq.) of subchapter XX of chapter 7 of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see section 1305 of Title 42 and Tables. § 8464. Outdoor Recreation Legacy Partnership Program (a) Definitions In this section: (1) Eligible entity The term ‘‘eligible entity’’ means an entity or combination of entities that represents or otherwise serves a qualifying area. (2) Eligible nonprofit organization The term ‘‘eligible nonprofit organization’’ means an organization that is described in sec- tion 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (3) Entity The term ‘‘entity’’ means— (A) a State; (B) a political subdivision of a State, in- cluding— (i) a city; (ii) a county; or (iii) a special purpose district that man- ages open space, including a park district; and (C) an Indian Tribe, urban Indian organiza- tion, or Alaska Native or Native Hawaiian community or organization. (4) Low-income community The term ‘‘low-income community’’ has the same meaning given that term in 26 U.S.C. 45D(e)(1).1 (5) Outdoor Recreation Legacy Partnership Program The term ‘‘Outdoor Recreation Legacy Part- nership Program’’ means the program codified under subsection (b)(1). (6) Qualifying area The term ‘‘qualifying area’’ means— (A) an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census; (B) 2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; or (C) an area administered by an Indian Tribe or an Alaska Native or Native Hawai- ian community organization. (b) Grants authorized (1) Codification of program (A) In general There is established an existing program, to be known as the ‘‘Outdoor Recreation Legacy Partnership Program’’, under which the Secretary may award grants to eligible entities for projects— (i) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (ii) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. (B) Priority In awarding grants to eligible entities under subparagraph (A), the Secretary shall give priority to projects that— (i) create or significantly enhance access to park and recreational opportunities in a qualifying area; (ii) engage and empower low-income communities and youth; (iii) provide employment or job training opportunities for youth or low-income communities; (iv) establish or expand public-private partnerships, with a focus on leveraging resources; and (v) take advantage of coordination among various levels of government. (2) Matching requirement (A) In general As a condition of receiving a grant under paragraph (1), an eligible entity shall pro- vide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (B) Administrative expenses Not more than 7 percent of funds provided to an eligible entity under a grant awarded under paragraph (1) may be used for admin- istrative expenses. (3) Considerations In awarding grants to eligible entities under paragraph (1), the Secretary shall consider the extent to which a project would— (A) provide recreation opportunities in low-income communities in which access to parks is not adequate to meet local needs; (B) provide opportunities for outdoor recreation and public land volunteerism; (C) support innovative or cost-effective ways to enhance parks and other recre- ation— (i) opportunities; or (ii) delivery of services; (D) support park and recreation program- ming provided by local governments, includ- ing cooperative agreements with commu- nity-based eligible nonprofit organizations; (E) develop Native American event sites and cultural gathering spaces; (F) provide benefits such as community re- silience, reduction of urban heat islands, en- hanced water or air quality, or habitat for fish or wildlife; and (G) facilitate any combination of purposes listed in subparagraphs (A) through (F). (4) Eligible uses (A) In general Subject to subparagraph (B), an eligible entity may use a grant awarded under para- Page 2757 TITLE 16—CONSERVATION § 8471 graph (1) for a project described in subpara- graph (A) or (B) of that paragraph. (B) Limitations on use An eligible entity may not use grant funds for— (i) incidental costs related to land acqui- sition, including appraisal and titling; (ii) operation and maintenance activi- ties; (iii) facilities that support semiprofessional or professional athletics; (iv) indoor facilities, such as recreation centers or facilities that support primarily nonoutdoor purposes; or (v) acquisition of land or interests in land that restrict public access. (C) Conversion to other than public outdoor recreation use (i) In general No property acquired or developed with assistance under this section shall, with- out the approval of the Secretary, be con- verted to other than public outdoor recre- ation use. (ii) Condition for approval The Secretary shall approve a conver- sion only if the Secretary finds it to be in accordance with the then-existing com- prehensive Statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation prop- erties of at least equal fair market value and of reasonably equivalent usefulness and location. (iii) Wetland areas and interests therein Wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to be ac- quired as suitable replacement property within the same State that is otherwise acceptable to the Secretary, acting through the Director of the National Park Service, shall be deemed to be of reason- ably equivalent usefulness with the prop- erty proposed for conversion. (c) Review and evaluation requirements In carrying out the Outdoor Recreation Leg- acy Partnership Program, the Secretary shall— (1) conduct an initial screening and tech- nical review of applications received; (2) evaluate and score all qualifying applica- tions; and (3) provide culturally and linguistically ap- propriate information to eligible entities (in- cluding low-income communities and eligible entities serving low-income communities) on— (A) the opportunity to apply for grants under this section; (B) the application procedures by which el- igible entities may apply for grants under this section; and (C) eligible uses for grants under this sec- tion. (d) Reporting (1) Annual reports Not later than 30 days after the last day of each report period, each State-lead agency that receives a grant under this section shall annually submit to the Secretary performance and financial reports that— (A) summarize project activities conducted during the report period; and (B) provide the status of the project. (2) Final reports Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State-lead agency that receives a grant under this sec- tion shall submit to the Secretary a final re- port containing such information as the Sec- retary may require. (Pub. L. 118–234, title I, § 156, Jan. 4, 2025, 138 Stat. 2876.) Editorial Notes REFERENCES IN TEXT 26 U.S.C. 45D(e)(1), referred to in subsec. (a)(4), was so in the original, but probably should have been a ref- erence to section 45D(e)(1) of the Internal Revenue Code of 1986, which is classified to section 45D(e)(1) of Title 26, Internal Revenue Code. SUBCHAPTER II—ACCESS AMERICA § 8471. Definitions In this subchapter: (1) Accessible trail The term ‘‘accessible trail’’ means a trail that meets the requirements for a trail under the Architectural Barriers Act accessibility guidelines. (2) Architectural Barriers Act accessibility guidelines The term ‘‘Architectural Barriers Act acces- sibility guidelines’’ means the accessibility guidelines set forth in appendices C and D to part 1191 of title 36, Code of Federal Regula- tions (or successor regulations). (3) Assistive technology The term ‘‘assistive technology’’ means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individ- uals with disabilities, particularly with par- ticipating in outdoor recreation activities. (4) Gold Star Family member The term ‘‘Gold Star Family member’’ means an individual described in section 3.3 of Department of Defense Instruction 1348.36. (5) Outdoor constructed feature The term ‘‘outdoor constructed feature’’ has the meaning given such term in appendix C to part 1191 of title 36, Code of Federal Regula- tions (or successor regulations). (6) Veterans organization The term ‘‘veterans organization’’ means a service provider with outdoor recreation expe- rience that serves members of the Armed Forces, veterans, or Gold Star Family mem- bers. (Pub. L. 118–234, title II, § 201, Jan. 4, 2025, 138 Stat. 2880.) Page 2758 TITLE 16—CONSERVATION § 8481 PART A—ACCESS FOR PEOPLE WITH DISABILITIES § 8481. Accessible recreation inventory (a) Assessment Not later than 5 years after January 4, 2025, the Secretary concerned shall— (1) carry out a comprehensive assessment of outdoor recreation facilities on Federal rec- reational lands and waters under the jurisdic- tion of the respective Secretary concerned to determine the accessibility of such outdoor recreation facilities, consistent with the Ar- chitectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29, including— (A) camp shelters, camping facilities, and camping units; (B) boat launch ramps; (C) hunting, fishing, shooting, or archery ranges or locations; (D) outdoor constructed features; (E) picnic facilities and picnic units; and (F) any other outdoor recreation facilities, as determined by the Secretary concerned; and (2) make information about such opportuni- ties available (including through the use of prominently displayed links) on public websites of— (A) each of the Federal land management agencies; and (B) each relevant unit and subunit of the Federal land management agencies. (b) Inclusion of current assessments As part of the comprehensive assessment re- quired under subsection (a)(1), to the extent practicable, the Secretary concerned may rely on assessments completed or data gathered prior to January 4, 2025. (c) Public information Not later than 7 years after January 4, 2025, the Secretary concerned shall identify opportu- nities to create, update, or replace signage and other publicly available information, including web page information, related to accessibility and consistent with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29 at outdoor recreation facilities cov- ered by the assessment required under sub- section (a)(1). (Pub. L. 118–234, title II, § 211, Jan. 4, 2025, 138 Stat. 2881.) Editorial Notes REFERENCES IN TEXT The Architectural Barriers Act of 1968, referred to in subsecs. (a)(1) and (c), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, which is classified generally to chapter 51 (§ 4151 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables. Section 794 of title 29, referred to in subsecs. (a)(1) and (c), was in the original a reference to section 504 of the Rehabilitation Act, and was translated as meaning section 504 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress. § 8482. Trail inventory (a) Assessment Not later than 7 years after January 4, 2025, the Secretary concerned shall— (1) conduct a comprehensive assessment of high-priority trails, in accordance with sub- section (b), on Federal recreational lands and waters under the jurisdiction of the respective Secretary concerned, including measuring each trail’s— (A) average and minimum tread width; (B) average and maximum running slope; (C) average and maximum cross slope; (D) tread type; and (E) length; and (2) make information about such high-pri- ority trails available (including through the use of prominently displayed links) on public websites of— (A) each of the Federal land management agencies; and (B) each relevant unit and subunit of the Federal land management agencies. (b) Selection The Secretary concerned shall select high-pri- ority trails to be assessed under subsection (a)(1)— (1) in consultation with stakeholders, in- cluding veterans organizations and organiza- tions with expertise or experience providing outdoor recreation opportunities to individ- uals with disabilities; (2) in a geographically equitable manner; and (3) in no fewer than 15 units or subunits managed by the Secretary concerned. (c) Inclusion of current assessments As part of the assessment required under sub- section (a)(1), the Secretary concerned may, to the extent practicable, rely on assessments com- pleted or data gathered prior to January 4, 2025. (d) Public information (1) In general Not later than 7 years after January 4, 2025, the Secretary concerned shall identify oppor- tunities to replace signage and other publicly available information, including web page in- formation, related to such high-priority trails and consistent with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29 at high-priority trails covered by the assessment required under subsection (a)(1). (2) Tread obstacles As part of the assessment required under subsection (a)(1), the Secretary may, to the extent practicable, include photographs or de- scriptions of tread obstacles and barriers. (e) Assistive technology specification In publishing information about each trail under this subsection, the Secretary concerned shall make public information about trails that do not meet the Architectural Barriers Act ac- cessibility guidelines but could otherwise pro- vide outdoor recreation opportunities to individ- uals with disabilities through the use of certain assistive technology. Page 2759 TITLE 16—CONSERVATION § 8484 1 So in original. Probably should be ‘‘this section’’. (Pub. L. 118–234, title II, § 212, Jan. 4, 2025, 138 Stat. 2881.) Editorial Notes REFERENCES IN TEXT The Architectural Barriers Act of 1968, referred to in subsec. (d)(1), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, which is classified generally to chapter 51 (§ 4151 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables. Section 794 of title 29, referred to in subsec. (d)(1), was in the original a reference to section 504 of the Re- habilitation Act, and was translated as meaning sec- tion 504 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress. § 8483. Trail pilot program (a) In general Not later than 2 years after January 4, 2025, the Secretary concerned shall carry out a pilot program to enter into partnerships with eligible entities to— (1) measure high-priority trails as part of the assessment required under section 8482 of this title; (2) develop accessible trails under section 8484 of this title; and (3) make minor modifications to existing trails to enhance recreational experiences for individuals with disabilities using assistive technology— (A) in compliance with all applicable land use and management plans of the Federal recreational lands and waters on which the accessible trail is located; and (B) in consultation with stakeholders, in- cluding veterans organizations and organiza- tions with expertise or experience providing outdoor recreation opportunities to individ- uals with disabilities. (b) Locations (1) In general The Secretary concerned shall select no fewer than 5 units or subunits under the juris- diction of the respective Secretary concerned to carry out the pilot program established under subsection (a). (2) Special rule of construction for the Depart- ment of the Interior In selecting the locations of the pilot pro- gram, the Secretary shall ensure that the pilot program is carried out in at least one unit managed by the— (A) National Park Service; (B) Bureau of Land Management; and (C) United States Fish and Wildlife Serv- ice. (c) Sunset The pilot program established under this sub- section 1 shall terminate on the date that is 7 years after January 4, 2025. (Pub. L. 118–234, title II, § 213, Jan. 4, 2025, 138 Stat. 2882.) § 8484. Accessible trails (a) In general Not later than 1 year after January 4, 2025, the Secretary concerned shall select a location or locations to develop at least 3 new accessible trails— (1) on National Forest System lands in each region of the Forest Service; (2) on land managed by the National Park Service in each region of the National Park Service; (3) on land managed by the Bureau of Land Management in each region of the Bureau of Land Management; and (4) on land managed by the United States Fish and Wildlife Service in each region of the United States Fish and Wildlife Service. (b) Development In developing an accessible trail under sub- section (a), the Secretary concerned— (1) may— (A) create a new accessible trail; (B) modify an existing trail into an acces- sible trail; or (C) create an accessible trail from a com- bination of new and existing trails; and (2) shall— (A) consult with stakeholders with respect to the feasibility and resources necessary for completing the accessible trail; (B) ensure the accessible trail complies with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29; and (C) to the extent practicable, ensure that outdoor constructed features supporting the accessible trail, including trail bridges, parking spaces, and restroom facilities, meet the requirements of the Architectural Bar- riers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29. (c) Completion Not later than 7 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders described under subsection (b)(2), shall complete each accessible trail developed under subsection (a). (d) Maps, signage, and promotional materials For each accessible trail developed under sub- section (a), the Secretary concerned shall— (1) publish and distribute maps and install signage, consistent with Architectural Bar- riers Act of 1968 accessibility guidelines and section 794d of title 29; and (2) coordinate with stakeholders to leverage any non-Federal resources necessary for the development, stewardship, completion, or pro- motion of the accessible trail. (e) Conflict avoidance with other uses In developing each accessible trail under sub- section (a), the Secretary concerned shall ensure that the accessible trail— (1) minimizes conflict with— (A) the uses in effect before January 4, 2025, with respect to any trail that is part of that accessible trail; (B) multiple-use areas where biking, hik- ing, horseback riding, off-highway vehicle Page 2760 TITLE 16—CONSERVATION § 8485 recreation, or use by pack and saddle stock are existing uses on January 4, 2025; or (C) the purposes for which any trail is es- tablished under the National Trails System Act (16 U.S.C. 1241 et seq.); and (2) complies with all applicable land use and management plans of the Federal recreational lands and waters on which the accessible trail is located. (f) Reports (1) Interim report Not later than 3 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders and other interested organiza- tions, shall prepare and publish an interim re- port that lists the accessible trails developed under this section during the previous 3 years. (2) Final report Not later than 7 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders and other interested organiza- tions, shall prepare and publish a final report that lists the accessible trails developed under this section. (Pub. L. 118–234, title II, § 214, Jan. 4, 2025, 138 Stat. 2883.) Editorial Notes REFERENCES IN TEXT The Architectural Barriers Act of 1968, referred to in subsec. (b)(2)(B), (C), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, which is classified generally to chapter 51 (§ 4151 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables. Section 794 of title 29, referred to in subsec. (b)(2)(B), (C), was in the original a reference to section 504 of the Rehabilitation Act, and was translated as meaning sec- tion 504 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress. Section 794d of title 29, referred to in subsec. (d)(1), was in the original a reference to section 508 of the Re- habilitation Act, and was translated as meaning sec- tion 508 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress. The National Trails System Act, referred to in sub- sec. (e)(1)(C), is Pub. L. 90–543, Oct. 2, 1968, 82 Stat. 919, which is classified generally to chapter 27 (§ 1241 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1241 of this title and Tables. § 8485. Accessible recreation opportunities (a) In general Not later than 1 year after January 4, 2025, the Secretary concerned shall select a location to develop at least 2 new accessible recreation op- portunities— (1) on National Forest System lands in each region of the Forest Service; (2) on land managed by the National Park Service in each region of the National Park Service; (3) on land managed by the Bureau of Land Management in each region of the Bureau of Land Management; and (4) on land managed by the United States Fish and Wildlife Service in each region of the United States Fish and Wildlife Service. (b) Development In developing an accessible recreation oppor- tunity under subsection (a), the Secretary con- cerned— (1) may— (A) create a new accessible recreation op- portunity; or (B) modify an existing recreation oppor- tunity into an accessible recreation oppor- tunity; and (2) shall— (A) consult with stakeholders with respect to the feasibility and resources necessary for completing the accessible recreation oppor- tunity; (B) ensure the accessible recreation oppor- tunity complies with the Architectural Bar- riers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29; and (C) to the extent practicable, ensure that outdoor constructed features supporting the accessible recreation opportunity, including trail bridges, parking spaces and restroom facilities, meet the requirements of the Ar- chitectural Barriers Act of 1968 and section 794 of title 29. (c) Accessible recreation opportunities The accessible recreation opportunities devel- oped under subsection (a) may include improv- ing accessibility or access to— (1) camp shelters, camping facilities, and camping units; (2) hunting, fishing, shooting, or archery ranges or locations; (3) snow activities, including skiing and snowboarding; (4) water activities, including kayaking, paddling, canoeing, and boat launch ramps; (5) rock climbing; (6) biking; (7) off-highway vehicle recreation; (8) picnic facilities and picnic units; (9) outdoor constructed features; and (10) any other new or existing recreation op- portunities identified in consultation with stakeholders under subsection (b)(2) and con- sistent with the applicable land management plan. (d) Completion Not later than 7 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders consulted with under subsection (b)(2), shall complete each accessible recreation opportunity developed under subsection (a). (e) Maps, signage, and promotional materials For each accessible recreation opportunity de- veloped under subsection (a), the Secretary con- cerned shall— (1) publish and distribute maps and install signage, consistent with Architectural Bar- riers Act accessibility guidelines and section 794d of title 29; and (2) coordinate with stakeholders to leverage any non-Federal resources necessary for the development, stewardship, completion, or pro- motion of the accessible trail. (f) Conflict avoidance with other uses In developing each accessible recreation op- portunity under subsection (a), the Secretary Page 2761 TITLE 16—CONSERVATION § 8502 1 So in original. Probably should be ‘‘this’’. 1 So in original. Probably should be ‘‘section’’. concerned shall ensure that the accessible recre- ation opportunity— (1) minimizes conflict with— (A) the uses in effect before January 4, 2025, with respect to any Federal rec- reational lands and waters on which the ac- cessible recreation opportunity is located; or (B) multiple-use areas in existence on Jan- uary 4, 2025; and (2) complies with all applicable land use and management plans of the Federal recreational lands and waters on which the accessible rec- reational opportunity is located. (g) Reports (1) Interim report Not later than 3 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders and other interested organiza- tions, shall prepare and publish an interim re- port that lists the accessible recreation oppor- tunities developed under this section during the previous 3 years. (2) Final report Not later than 7 years after January 4, 2025, the Secretary concerned, in coordination with stakeholders and other interested organiza- tions, shall prepare and publish a final report that lists the accessible recreation opportuni- ties developed under this section. (Pub. L. 118–234, title II, § 215, Jan. 4, 2025, 138 Stat. 2884.) Editorial Notes REFERENCES IN TEXT The Architectural Barriers Act of 1968, referred to in subsec. (b)(2)(B), (C), is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, which is classified generally to chapter 51 (§ 4151 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables. Section 794 of title 29, referred to in subsec. (b)(2)(B), (C), was in the original a reference to section 504 of the Rehabilitation Act, and was translated as meaning sec- tion 504 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress. Section 794d of title 29, referred to in subsec. (e)(1), was in the original a reference to section 508 of the Re- habilitation Act, and was translated as meaning sec- tion 508 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress. § 8486. Assistive technology In carrying out this part, the Secretary con- cerned may enter into partnerships, contracts, or agreements with other Federal, State, Tribal, local, or private entities, including existing out- fitting and guiding services, to make assistive technology available on Federal recreational lands and waters. (Pub. L. 118–234, title II, § 216, Jan. 4, 2025, 138 Stat. 2886.) § 8487. Savings clause Nothing in the 1 part shall be construed to cre- ate any conflicting standards with the Architec- tural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) and section 794 of title 29. (Pub. L. 118–234, title II, § 217, Jan. 4, 2025, 138 Stat. 2886.) Editorial Notes REFERENCES IN TEXT The Architectural Barriers Act of 1968, referred to in text, is Pub. L. 90–480, Aug. 12, 1968, 82 Stat. 718, which is classified generally to chapter 51 (§ 4151 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables. Section 794 of title 29, referred to in text, was in the original a reference to section 504 of the Rehabilitation Act, and was translated as meaning section 504 of the Rehabilitation Act of 1973, Pub. L. 93–112, to reflect the probable intent of Congress. PART B—MILITARY AND VETERANS IN PARKS § 8501. Promotion of outdoor recreation for mili- tary servicemembers and veterans Not later than 2 years after January 4, 2025, the Secretary concerned, in coordination with the Secretary of Veterans Affairs and the Sec- retary of Defense, shall develop educational and public awareness materials to disseminate to members of the Armed Forces and veterans, in- cluding through preseparation counseling of the Transition Assistance Program under chapter 1 1142 of title 10, on— (1) opportunities for members of the Armed Forces and veterans to access Federal rec- reational lands and waters free of charge under section 6804 of this title; (2) the availability and location of accessible trails, including new accessible trails devel- oped and completed under section 8484 of this title; (3) the availability and location of accessible recreation opportunities, including new acces- sible recreation opportunities developed and completed under section 8485 of this title; (4) access to, and assistance with, assistive technology; (5) outdoor-related volunteer and wellness programs; (6) the benefits of outdoor recreation for physical and mental health; (7) resources to access guided outdoor trips and other outdoor programs connected to the Department of Defense, the Department of Veterans Affairs, the Department of the Inte- rior, or the Department of Agriculture; and (8) programs and jobs focused on continuing national service such as Public Land Corps, AmeriCorps, and conservation corps programs. (Pub. L. 118–234, title II, § 221, Jan. 4, 2025, 138 Stat. 2886.) § 8502. Military Veterans Outdoor Recreation Li- aisons (a) In general Not later than 1 year after January 4, 2025, the Secretaries and the Secretary of Veterans Af- fairs shall each establish within their Depart- Page 2762 TITLE 16—CONSERVATION § 8503 1 See References in Text note below. ments the position of Military Veterans Outdoor Recreation Liaison. (b) Duties The Military Veterans Outdoor Recreation Li- aison shall— (1) coordinate the implementation of this part; (2) implement recommendations identified by the Task Force on Outdoor Recreation for Veterans established under section 203 of the Veterans Comprehensive Prevention, Access to Care, and Treatment Act of 2020 (Public Law 116–214), including recommendations re- lated to— (A) identifying new opportunities to for- malize coordination between the Depart- ment of Veterans Affairs, Department of Ag- riculture, Department of the Interior, and partner organizations regarding the use of Federal recreational lands and waters for fa- cilitating health and wellness for veterans; (B) addressing identified barriers that exist to providing veterans with opportuni- ties to augment the delivery of services for health and wellness through the use of out- door recreation on Federal recreational lands and waters; and (C) facilitating the use of Federal rec- reational lands and waters for promoting wellness and facilitating the delivery of health care and therapeutic interventions for veterans; (3) coordinate with Military Veterans Out- door Recreation Liaisons at other Federal agencies and veterans organizations; and (4) promote outdoor recreation experiences for veterans on Federal recreational lands and waters through new and innovative ap- proaches. (Pub. L. 118–234, title II, § 222, Jan. 4, 2025, 138 Stat. 2887.) Editorial Notes REFERENCES IN TEXT This part, referred to in subsec. (b)(1), was in the original ‘‘this subtitle’’ meaning subtitle B (§§ 221–226) of title II of Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2886, which enacted this part and amended section 6803 of this title. Section 203 of the Veterans Comprehensive Preven- tion, Access to Care, and Treatment Act of 2020, also known as the Veterans COMPACT Act of 2020, referred to in subsec. (b)(2), is section 203 of Pub. L. 116–214, Dec. 5, 2020, 134 Stat. 1036, which is not classified to the Code. § 8503. Partnerships to promote military and vet- eran recreation (a) In general The Secretary concerned shall seek to enter into partnerships or agreements with State, Tribal, local, or private entities with expertise in outdoor recreation, volunteer, accessibility, and health and wellness programs for members of the Armed Forces or veterans. (b) Partnerships As part of a partnership or agreement entered into under subsection (a), the Secretary con- cerned may host events on Federal recreational lands and waters designed to promote outdoor recreation among members of the Armed Forces and veterans. (c) Financial and technical assistance Under a partnership or agreement entered into pursuant to subsection (a), the Secretary con- cerned may provide financial or technical assist- ance to the entity with which the respective Secretary concerned has entered into the part- nership or agreement to assist with— (1) the planning, development, and execution of events, activities, or programs designed to promote outdoor recreation for members of the Armed Forces or veterans; or (2) the acquisition of assistive technology to facilitate improved outdoor recreation oppor- tunities for members of the Armed Forces or veterans. (Pub. L. 118–234, title II, § 223, Jan. 4, 2025, 138 Stat. 2887.) § 8504. National strategy for military and veteran recreation (a) Strategy Not later than 1 year after January 4, 2025, the Federal Interagency Council on Outdoor Recre- ation established under section 113 1 shall de- velop and make public a strategy to increase visits to Federal recreational lands and waters by members of the Armed Forces, veterans, and Gold Star Family members. (b) Requirements A strategy developed under subsection (a)— (1) shall— (A) establish objectives and quantifiable targets for increasing visits to Federal rec- reational lands and waters by members of the Armed Forces, veterans, and Gold Star Family members; (B) include an opportunity for public no- tice and comment; (C) emphasize increased recreation oppor- tunities on Federal recreational lands and waters for members of the Armed Forces, veterans, and Gold Star Family members; and (D) provide the anticipated costs to achieve the objectives and meet the targets established under subparagraph (A); and (2) shall not establish any preference be- tween similar recreation facilitated by non- commercial or commercial entities. (c) Update to strategy Not later than 5 years after the date of the publication of the strategy required under sub- section (a), and every 5 years thereafter, the Federal Interagency Council on Outdoor Recre- ation shall update the strategy and make public the update. (Pub. L. 118–234, title II, § 224, Jan. 4, 2025, 138 Stat. 2888.) Editorial Notes REFERENCES IN TEXT Section 113, referred to in subsec. (a), is section 113 of Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2839, which amend- Page 2763 TITLE 16—CONSERVATION § 8521 1 So in original. Probably should refer to ‘‘this subsection’’. ed sections 200102 and 200104 of Title 54, National Park Service and Related Programs. As amended, section 200104 of Title 54 establishes the Federal Interagency Council on Outdoor Recreation. § 8505. Career and volunteer opportunities for veterans (a) Veteran hiring The Secretaries are strongly encouraged to hire veterans in all positions related to the man- agement of Federal recreational lands and wa- ters. (b) Pilot program (1) Establishment The Secretary, in consultation with the As- sistant Secretary of Labor for Veterans’ Em- ployment and Training and the Secretary of Veterans Affairs, shall establish a pilot pro- gram under which veterans are employed by the Federal Government in positions that re- late to the conservation and resource manage- ment activities of the Department of the Inte- rior. (2) Positions The Secretary shall— (A) identify vacant positions in the De- partment of the Interior that are appro- priate to fill using the pilot program; and (B) to the extent practicable, fill such po- sitions using the pilot program. (3) Application of civil service laws A veteran employed under the pilot program shall be treated as an employee as defined by section 2105 of title 5. (4) Briefings and report (A) Initial briefing Not later than 60 days after January 4, 2025, the Secretary and the Assistant Sec- retary of Labor for Veterans’ Employment and Training shall jointly provide to the ap- propriate congressional committees a brief- ing on the pilot program under this sub- section, which shall include— (i) a description of how the pilot pro- gram will be carried out in a manner to re- duce the unemployment of veterans; and (ii) any recommendations for legislative actions to improve the pilot program. (B) Implementation briefing Not later than 1 year after the date on which the pilot program under subsection (a) 1 commences, the Secretary and the As- sistant Secretary of Labor for Veterans’ Em- ployment and Training shall jointly provide to the appropriate congressional committees a briefing on the implementation of the pilot program. (C) Final report Not later than 30 days after the date on which the pilot program under subsection (a) 1 terminates under paragraph (5), the Sec- retary and the Assistant Secretary of Labor for Veterans’ Employment and Training shall jointly submit to the appropriate con- gressional committees a report on the pilot program that includes the following: (i) The number of veterans who applied to participate in the pilot program. (ii) The number of such veterans em- ployed under the pilot program. (iii) The number of veterans identified in clause (ii) who transitioned to full-time positions with the Federal Government after participating in the pilot program. (iv) Any other information the Secretary and the Assistant Secretary of Labor for Veterans’ Employment and Training de- termine appropriate with respect to meas- uring the effectiveness of the pilot pro- gram. (5) Duration The authority to carry out the pilot pro- gram under this subsection shall terminate on the date that is 2 years after the date on which the pilot program commences. (c) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Representatives; and (2) the Committee on Veterans’ Affairs and the Committee on Energy and Natural Re- sources of the Senate. (d) Outdoor recreation program attendance Each Secretary of a military department is encouraged to allow members of the Armed Forces on active duty status to participate in programs related to environmental stewardship or guided outdoor recreation. (Pub. L. 118–234, title II, § 226, Jan. 4, 2025, 138 Stat. 2889.) PART C—YOUTH ACCESS § 8521. Increasing youth recreation visits to Fed- eral land (a) Strategy Not later than 2 years after January 4, 2025, the Secretaries, acting jointly, shall develop and make public a strategy to increase the number of youth recreation visits to Federal rec- reational lands and waters. (b) Requirements A strategy developed under subsection (a)— (1) shall— (A) emphasize increased recreation oppor- tunities on Federal recreational lands and waters for underserved youth; (B) establish objectives and quantifiable targets for increasing youth recreation vis- its; and (C) provide the anticipated costs to achieve the objectives and meet the targets established under subparagraph (B); and (2) shall not establish any preference be- tween similar recreation facilitated by non- commercial or commercial entities. (c) Update to strategy Not later than 5 years after the date of the publication of the strategy required under sub- Page 2764 TITLE 16—CONSERVATION § 8531 section (a), and every 5 years thereafter, the Secretaries shall update the strategy and make public the update. (d) Agreements The Secretaries may enter into contracts or cost-share agreements (including contracts or agreements for the acquisition of vehicles) to carry out this section. (Pub. L. 118–234, title II, § 231, Jan. 4, 2025, 138 Stat. 2890.) SUBCHAPTER III—SIMPLIFYING OUTDOOR ACCESS FOR RECREATION § 8531. Definitions In this subchapter: (1) Commercial use authorization The term ‘‘commercial use authorization’’ means a commercial use authorization to pro- vide services to visitors to units of the Na- tional Park System under subchapter II of chapter 1019 of title 54. (2) Multijurisdictional trip The term ‘‘multijurisdictional trip’’ means a trip that— (A) uses 2 or more units of Federal rec- reational lands and waters; and (B) is under the jurisdiction of 2 or more Federal land management agencies. (3) Recreation service provider The term ‘‘recreation service provider’’ has the meaning given the term in section 6801 of this title (as amended by section 311). (4) Special recreation permit The term ‘‘special recreation permit’’ has the meaning given the term in section 6801 of this title (as amended by section 311). (5) Visitor-use day The term ‘‘visitor-use day’’ means a visitor- use day, user day, launch, or other metric used by the Secretary concerned for purposes of au- thorizing use under a special recreation per- mit. (Pub. L. 118–234, title III, § 301, Jan. 4, 2025, 138 Stat. 2891.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in introductory provi- sions, was in the original ‘‘this title’’, meaning title III of Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2891, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables. Section 311, referred to in pars. (3) and (4), means sec- tion 311 of Pub. L. 118–234. PART A—MODERNIZING RECREATION PERMITTING § 8541. Permitting process improvements (a) In general To simplify the process of the issuance and or reissuance of special recreation permits and re- duce the cost of administering special recreation permits under section 6802(h) of this title (as amended by this title), the Secretaries shall each— (1) during the period beginning on January 1, 2021, and ending on January 1, 2025— (A) evaluate the process for issuing special recreation permits; and (B) based on the evaluation under subpara- graph (A), identify opportunities to— (i) eliminate duplicative processes with respect to issuing special recreation per- mits; (ii) reduce costs for the issuance of spe- cial recreation permits; (iii) decrease processing times for special recreation permits; and (iv) issue simplified special recreation permits, including special recreation per- mits for an organized group recreation ac- tivity or event under subsection (e); and (2) not later than 1 year after the date on which the Secretaries complete their respec- tive evaluation and identification processes under paragraph (1), revise, as necessary, rel- evant agency regulations and guidance docu- ments, including regulations and guidance documents relating to the environmental re- view process, for special recreation permits to implement the improvements identified under paragraph (1)(B). (b) Environmental reviews (1) In general The Secretary concerned shall, to the max- imum extent practicable, utilize available tools, including tiering to existing pro- grammatic reviews, as appropriate, to facili- tate an effective and efficient environmental review process for activities undertaken by the Secretary concerned relating to the issuance of special recreation permits. (2) Categorical exclusions Not later than 2 years after January 4, 2025, the Secretary concerned shall— (A) evaluate whether existing categorical exclusions available to the Secretary con- cerned on January 4, 2025, are consistent with the provisions of this subchapter; (B) evaluate whether a modification of an existing categorical exclusion or the estab- lishment of 1 or more new categorical exclu- sions developed in compliance with the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary to undertake an activity described in paragraph (1) in a manner consistent with the authorities and requirements in this subchapter; and (C) revise relevant agency regulations and policy statements and guidance documents, as necessary, to modify existing categorical exclusions or incorporate new categorical exclusions based on evaluations conducted under this paragraph. (c) Needs assessments Except as required under subsection (c) or (d) of section 1133 of this title, the Secretary con- cerned shall not conduct a needs assessment as a condition of issuing a special recreation per- mit under section 6802(h) of this title (as amend- ed by this title). (d) Online applications Not later than 3 years after January 4, 2025, the Secretaries shall make the application for a Page 2765 TITLE 16—CONSERVATION § 8541 special recreation permit under section 6802(h) of this title (as amended by this title), including a reissuance of a special recreation permit under that section, available for completion and sub- mission— (1) online; (2) by mail or electronic mail; and (3) in person at the field office for the appli- cable Federal recreational lands and waters. (e) Special recreation permits for an organized group recreation activity or event (1) Definitions In this subsection: (A) Special recreation permit for an orga- nized group recreation activity or event The term ‘‘special recreation permit for an organized group recreation activity or event’’ means a special recreation permit de- scribed in subclause (I) or (III) of paragraph (13)(A)(iii) of section 6801 of this title (as amended by this title). (B) Youth group The term ‘‘youth group’’ means a recre- ation service provider that predominantly serves individuals not older than 25 years of age. (2) Exemption from certain allocations of use If the Secretary concerned allocates visitor- use days available for an area or activity on Federal recreational lands and waters among recreation service providers that hold a permit described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title), a special recreation permit for an organized group recreation activity or event shall not be subject to that allocation of visitor-use days. (3) Issuance In accordance with paragraphs (5) and (6), if use by the general public is not subject to a limited entry permit system and if capacity is available for the times or days in which the proposed activity or event would be under- taken, on request of a recreation service pro- vider (including a youth group) to conduct an organized group recreation activity or event described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 6801 of this title (as amended by this title), the Secretary con- cerned— (A) shall make a nominal effects deter- mination to determine whether the proposed activity or event would have more than nominal effects on Federal recreational lands and waters, resources, and programs; and (B)(i) shall not require a recreation service provider (including a youth group) to obtain a special recreation permit for an organized group recreation activity or event if the Sec- retary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal ef- fects on Federal recreational lands and wa- ters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is not necessary to protect or avoid conflict on or with Federal recreational lands and waters, resources, and programs; (ii) in the case of an organized group recre- ation activity or event described in section 6801(13)(A)(iii)(I) of this title, may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions as are determined to be appropriate by the Secretary concerned, if the Secretary con- cerned determines— (I) the proposed activity or event to be undertaken would have only nominal ef- fects on Federal recreational lands and wa- ters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid con- flict on or with Federal recreational lands and waters, resources, and programs; (iii) in the case of an organized group recreation activity or event described in sec- tion 6801(13)(A)(iii)(III) of this title, shall issue to a recreation service provider (in- cluding a youth group) a special recreation permit for an organized group recreation ac- tivity or event, subject to such terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal ef- fects on Federal recreational lands and wa- ters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid con- flict on or with Federal recreational lands and waters, resources, and programs; and (iv) may issue to a recreation service pro- vider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions determined to be ap- propriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken may have more than nominal effects on Federal recreational lands and waters, resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event would be necessary to protect or avoid conflict on or with Federal rec- reational lands and waters, resources, and programs. (4) Fees The Secretary concerned may elect not to charge a fee to a recreation service provider (including a youth group) for a special recre- ation permit for an organized group recreation activity or event. (5) Savings clause Nothing in this subsection prevents the Sec- retary concerned from limiting or abating the allowance of a proposed activity or event under paragraph (3)(B)(i) or the issuance of a Page 2766 TITLE 16—CONSERVATION § 8542 special recreation permit for an organized group recreation activity or event, based on resource conditions, administrative burdens, or safety issues. (6) Qualifications A special recreation permit for an organized group recreation activity or event issued under paragraph (3) shall be subject to the health and safety standards required by the Secretary concerned for a permit issued under paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title). (Pub. L. 118–234, title III, § 312, Jan. 4, 2025, 138 Stat. 2898.) Editorial Notes REFERENCES IN TEXT As amended by this title, referred to in subsecs. (a), (c), (d), (e)(1)(A), (2), (3), and (6), means as amended by title III of Pub. L. 118–234. This subchapter, referred to in subsec. (b)(2)(A), (B), was in the original ‘‘this title’’, meaning title III of Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2891, which is clas- sified principally to this subchapter. For complete clas- sification of title III to the Code, see Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(2)(B), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. § 8542. Permit flexibility (a) In general The Secretary concerned shall establish guide- lines to allow a holder of a special recreation permit under subsection (h) of section 6802 of this title (as amended by this title), to engage in another recreational activity under the special recreation permit that is substantially similar to the specific activity authorized under the spe- cial recreation permit. (b) Criteria For the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the recreational activity— (1) is comparable in type, nature, scope, and ecological setting to the specific activity au- thorized under the special recreation permit; (2) does not result in a greater impact on natural and cultural resources than the im- pact of the authorized activity; (3) does not adversely affect— (A) any other holder of a special recreation permit or other permit; or (B) any other authorized use of the Federal recreational lands and waters; and (4) is consistent with— (A) any applicable laws (including regula- tions); and (B) the land management plan, resource management plan, or equivalent plan appli- cable to the Federal recreational lands and waters. (c) Surrender of unused visitor-use days (1) In general A recreation service provider holding a spe- cial recreation permit described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title) may— (A) notify the Secretary concerned of an inability to use visitor-use days annually al- located to the recreation service provider under the special recreation permit; and (B) surrender to the Secretary concerned the unused visitor-use days for the applica- ble year for temporary reassignment under section 8547(b) of this title. (2) Determination To ensure a recreation service provider de- scribed in paragraph (1) is able to make an in- formed decision before surrendering any un- used visitor-use day under paragraph (1)(B), the Secretary concerned shall, on the request of the applicable recreation service provider, determine and notify the recreation service provider whether the unused visitor-use day meets the requirement described in section 8546(b)(3)(B) of this title before the recreation service provider surrenders the unused visitor- use day. (d) Effect Nothing in this section affects any authority of, regulation issued by, or decision of the Sec- retary concerned relating to the use of electric bicycles on Federal recreational lands and wa- ters under any other Federal law. (Pub. L. 118–234, title III, § 313, Jan. 4, 2025, 138 Stat. 2901.) Editorial Notes REFERENCES IN TEXT As amended by this title, referred to in subsecs. (a) and (c)(1), means as amended by title III of Pub. L. 118–234. § 8543. Permit administration (a) Permit availability (1) Notifications of permit availability (A) In general Except as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary con- cerned determines that visitor-use days are available for allocation to recreation service providers or holders of a commercial use au- thorization for outfitting and guiding, the Secretary concerned shall publish that infor- mation on the website of the agency that ad- ministers the applicable area of Federal rec- reational lands and waters. (B) Effect Nothing in this paragraph— (i) applies to— (I) the reissuance of an existing special recreation permit or commercial use au- thorization for outfitting and guiding; or (II) the issuance of a new special recre- ation permit or new commercial use au- thorization for outfitting and guiding issued to the purchaser of— (aa) a recreation service provider that is the holder of an existing special recreation permit; or Page 2767 TITLE 16—CONSERVATION § 8544 (bb) a holder of an existing commer- cial use authorization for outfitting and guiding; or (ii) creates a prerequisite to the issuance of a special recreation permit or commer- cial use authorization for outfitting and guiding or otherwise limits the authority of the Secretary concerned— (I) to issue a new special recreation permit or new commercial use authoriza- tion for outfitting and guiding; or (II) to add a new or additional use to an existing special recreation permit or an existing commercial use authoriza- tion for outfitting and guiding. (2) Updates The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to pro- vide current and correct information to the public. (3) Electronic mail notifications The Secretary concerned shall establish a system by which potential applicants for spe- cial recreation permits or commercial use au- thorizations for outfitting and guiding may subscribe to receive notification by electronic mail of the availability of special recreation permits under section 6802(h)(1) of this title (as amended by this title) or commercial use authorizations for outfitting and guiding. (b) Permit application or proposal acknowledg- ment Not later than 60 days after the date on which the Secretary concerned receives a completed application or a complete proposal for a special recreation permit under section 6802(h)(1) of this title (as amended by this title), the Secretary concerned shall— (1) provide to the applicant notice acknowl- edging receipt of the application or proposal; and (2)(A) issue a final decision with respect to the application or proposal; or (B) provide to the applicant notice of a pro- jected date for a final decision on the applica- tion or proposal. (c) Effect Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services. (Pub. L. 118–234, title III, § 314, Jan. 4, 2025, 138 Stat. 2902.) Editorial Notes REFERENCES IN TEXT As amended by this title, referred to in subsecs. (a)(3) and (b), means as amended by title III of Pub. L. 118–234. § 8544. Service First Initiative; permits for multi- jurisdictional trips (a) Omitted (b) Cooperative action and sharing of resources by the Secretaries of the Interior and Agri- culture (1) In general For fiscal year 2024, and each fiscal year thereafter, the Secretaries may carry out an initiative, to be known as the ‘‘Service First Initiative’’, under which the Secretaries, or Federal land management agencies within their departments, may— (A) establish programs to conduct projects, planning, permitting, leasing, con- tracting, and other activities, either jointly or on behalf of one another; (B) co-locate in Federal offices and facili- ties leased by an agency of the Department of the Interior or the Department of Agri- culture; and (C) issue rules to test the feasibility of issuing unified permits, applications, and leases, subject to the limitations in this sec- tion. (2) Delegations of authority The Secretaries may make reciprocal dele- gations of the respective authorities, duties, and responsibilities of the Secretaries in sup- port of the Service First Initiative agency- wide to promote customer service and effi- ciency. (3) Effect Nothing in this section alters, expands, or limits the applicability of any law (including regulations) to land administered by the Bu- reau of Land Management, National Park Service, United States Fish and Wildlife Serv- ice, or the Forest Service or matters under the jurisdiction of any other bureaus or offices of the Department of the Interior or the Depart- ment of Agriculture, as applicable. (4) Transfers of funding Subject to the availability of appropriations and to facilitate the sharing of resources under the Service First Initiative, the Secre- taries are authorized to mutually transfer funds between, or reimburse amounts ex- pended from, appropriate accounts of either Department on an annual basis, including transfers and reimbursements for multiyear projects, except that this authority may not be used in a manner that circumvents require- ments or limitations imposed on the use of any of the funds so transferred or reimbursed. (5) Report The Secretaries shall submit an annual re- port to the Committee on Natural Resources of the House of Representatives and the Com- mittee on Energy and Natural Resources of the Senate describing the activities under- taken as part of the Service First Initiative in the prior year. (c) Pilot program for special recreation permits for multijurisdictional trips (1) In general Not later than 2 years after January 4, 2025, the Secretaries shall establish a pilot program Page 2768 TITLE 16—CONSERVATION § 8545 1 So in original. Probably should be ‘‘subsection (a)’’. 2 So in original. Probably should be ‘‘this section’’. to offer to a person seeking an authorization for a multijurisdictional trip a set of separate special recreation permits or commercial use authorizations that authorizes the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs, subject to the authorities that apply to the ap- plicable unit of Federal recreational lands and waters. (2) Minimum number of permits Not later than 4 years after January 4, 2025, the Secretaries shall issue not fewer than 10 sets of separate special recreation permits de- scribed in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title) or com- mercial use authorizations under the pilot program established under paragraph (1). (3) Lead agencies In carrying out the pilot program estab- lished under paragraph (1), the Secretaries shall— (A) designate a lead agency for issuing and administering a set of separate special recre- ation permits or commercial use authoriza- tions; and (B) select not fewer than 4 offices at which a person shall be able to apply for a set of separate special recreation permits or com- mercial use authorizations, of which— (i) not fewer than 2 offices are managed by the Secretary; and (ii) not fewer than 2 offices are managed by the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) Retention of authority by the applicable Secretary Each of the Secretaries shall retain the au- thority to enforce the terms, stipulations, conditions, and agreements in a set of sepa- rate special recreation permits or commercial use authorizations issued under the pilot pro- gram established under paragraph (1) that apply specifically to the use occurring on the Federal recreational lands and waters man- aged by the applicable Secretary, under the authorities that apply to the applicable Fed- eral recreational lands and waters. (5) Option to apply for separate special recre- ation permits or commercial use authoriza- tions A person seeking the appropriate permits or authorizations for a multijurisdictional trip may apply for— (A) a separate special recreation permit or commercial use authorization for the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs; or (B) a set of separate special recreational permits or commercial use authorizations made available under the pilot program es- tablished under paragraph (1). (6) Effect Nothing in this subsection applies to a con- cession contract issued by the National Park Service for the provision of accommodations, facilities, or services. (Pub. L. 118–234, title III, § 315, Jan. 4, 2025, 138 Stat. 2903.) Editorial Notes REFERENCES IN TEXT As amended by this title, referred to in subsec. (c)(2), means as amended by title III of Pub. L. 118–234. CODIFICATION Section is comprised of section 315 of Pub. L. 118–234. Subsec. (a) of section 315 of Pub. L. 118–234 repealed sec- tion 1703 of Title 43, Public Lands. § 8545. Forest Service and Bureau of Land Man- agement temporary special recreation per- mits for outfitting and guiding (a) In general Not later than 180 days after January 4, 2025, the Secretary concerned shall establish and im- plement a program to authorize the issuance of temporary special recreation permits for new or additional recreational uses of Federal rec- reational land and water managed by the Forest Service and the Bureau of Land Management. (b) Term of temporary permits A temporary special recreation permit issued under paragraph (1) 1 shall be issued for a period of not more than 2 years. (c) Conversion to long-term permit If the Secretary concerned determines that a permittee under paragraph (1) 1 has completed 2 years of satisfactory operation under the permit proposed to be converted, the Secretary may provide for the conversion of a temporary spe- cial recreation permit issued under paragraph (1) 1 to a long-term special recreation permit. (d) Effect Nothing in this subsection 2 alters or affects the authority of the Secretary to issue a special recreation permit under subsection (h)(1) of sec- tion 6802 of this title (as amended by this title). (Pub. L. 118–234, title III, § 316, Jan. 4, 2025, 138 Stat. 2905.) Editorial Notes REFERENCES IN TEXT As amended by this title, referred to in subsec. (d), means as amended by title III of Pub. L. 118–234. § 8546. Reviews for long-term permits (a) Monitoring The Secretary concerned shall monitor each recreation service provider issued a special recreation permit for compliance with the terms of the permit— (1) not less than annually or as frequently as needed (as determined by the Secretary con- cerned), in the case of a temporary special recreation permit for outfitting and guiding issued under section 8545 of this title; and (2) not less than once every 2 years or as fre- quently as needed (as determined by the Sec- retary concerned), in the case of a special recreation permit described in paragraph (13)(A)(iv)(I) of section 6801 of this title (as amended by this title) that is issued for a term of not more than 10 years. Page 2769 TITLE 16—CONSERVATION § 8548 (b) Use-of-allocation reviews (1) In general If the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, allocates visitor-use days among special recreation permits for out- fitting and guiding, the Secretary of Agri- culture, acting through the Chief of the Forest Service, shall, and the Secretary may, review the use by the recreation service provider of the visitor-use days allocated under a long- term special recreation permit described in paragraph (13)(A)(iv)(I) of section 6801 of this title (as amended by this title), once every 5 years. (2) Requirements of the review In conducting a review under paragraph (1), the Secretary concerned shall determine— (A) the number of visitor-use days that the recreation service provider used each year under the special recreation permit, in ac- cordance with paragraph (3); and (B) the year in which the recreation serv- ice provider used the most visitor-use days under the special recreation permit. (3) Consideration of surrendered, unused vis- itor-use days For the purposes of determining the number of visitor-use days a recreation service pro- vider used in a specified year under paragraph (2)(A), the Secretary of Agriculture, acting through the Chief of the Forest Service, and the Secretary, as applicable, shall consider an unused visitor-use day that has been surren- dered under section 8542(c)(1)(B) of this title as— (A) 1/2 of a visitor-use day used; or (B) 1 visitor-use day used, if the Secretary concerned determines the use of the allo- cated visitor-use day had been or will be pre- vented by a circumstance beyond the control of the recreation service provider. (Pub. L. 118–234, title III, § 317, Jan. 4, 2025, 138 Stat. 2905.) Editorial Notes REFERENCES IN TEXT As amended by this title, referred to in subsecs. (a)(2) and (b)(1), means as amended by title III of Pub. L. 118–234. § 8547. Adjustment of allocated visitor-use days (a) Adjustments following use of allocation re- views On the completion of a use-of-allocation re- view conducted under section 8546(b) of this title for a special recreation permit described in paragraph (13)(A)(iv)(I) of section 6801 of this title (as amended by this title), the Secretary of Agriculture, acting through the Chief of the Forest Service, or the Secretary, as applicable, shall adjust the number of visitor-use days allo- cated to a recreation service provider under the special recreation permit as follows: (1) If the Secretary concerned determines that the performance of the recreation service provider was satisfactory during the most re- cent review conducted under subsection (a) of section 8546 of this title, the annual number of visitor-use days allocated for each remaining year of the permit shall be equal to 125 percent of the number of visitor-use days used, as de- termined under subsection (b)(2)(A) of that section, during the year identified under sub- section (b)(2)(B) of that section, not to exceed the level allocated to the recreation service provider on the date on which the special recreation permit was issued. (2) If the Secretary concerned determines the performance of the recreation service pro- vider is less than satisfactory during the most recent performance review conducted under subsection (a) of section 8546 of this title, the annual number of visitor-use days allocated for each remaining year of the special recre- ation permit shall be equal to not more than 100 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section during the year identified under subsection (b)(2)(B) of that section. (b) Temporary reassignment of unused visitor- use days The Secretary concerned may temporarily as- sign unused visitor-use days, made available under section 8542(c)(1)(B) of this title, to— (1) any other existing or potential recreation service provider, notwithstanding the number of visitor-use days allocated to the special recreation permit holder under the special recreation permit held or to be held by the recreation service provider; or (2) any existing or potential holder of a spe- cial recreation permit described in clause (i) or (iii) of paragraph (13)(A) of section 6801 of this title (as amended by this title), including the public. (c) Additional capacity If unallocated visitor-use days are available, the Secretary concerned may, at any time, amend a special recreation permit to allocate additional visitor-use days to a qualified recre- ation service provider. (Pub. L. 118–234, title III, § 318, Jan. 4, 2025, 138 Stat. 2906.) Editorial Notes REFERENCES IN TEXT As amended by this title, referred to in subsecs. (a) and (b)(2), means as amended by title III of Pub. L. 118–234. § 8548. Liability (a) Insurance requirements (1) In general Except as provided in paragraph (2), as a condition of issuing a special recreation per- mit under subsection (h)(1)(B) of section 6802 of this title (as amended by this title) or a commercial use authorization, the Secretary concerned may require the holder of the spe- cial recreation permit or commercial use au- thorization to have a commercial general li- ability insurance policy that— (A) is commensurate with the level of risk of the activities to be conducted under the Page 2770 TITLE 16—CONSERVATION § 8549 special recreation permit or commercial use authorization; and (B) includes the United States as an addi- tional insured in an endorsement to the ap- plicable policy. (2) Exception The Secretary concerned shall not require a holder of a special recreation permit or com- mercial use authorization for low-risk activi- ties, as determined by the Secretary con- cerned, including commemorative ceremonies and participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated, to comply with the requirements of paragraph (1). (b) Indemnification by governmental entities The Secretary concerned shall not require a State, State agency, State institution, or polit- ical subdivision of a State to indemnify the United States for tort liability as a condition for issuing a special recreation permit or com- mercial use authorization to the extent the State, State agency, State institution, or polit- ical subdivision of a State is precluded by State law from providing indemnification to the United States for tort liability, if the State, State agency, State institution, or political sub- division of the State maintains the minimum amount of liability insurance coverage required by the Federal land management agency for the activities conducted under the special recre- ation permit or commercial use authorization in the form of— (1) a commercial general liability insurance policy, which includes the United States as an additional insured in an endorsement to the policy, if the State is authorized to obtain commercial general liability insurance by State law; (2) self-insurance, which covers the United States as an additional insured, if authorized by State law; or (3) a combination of the coverage described in paragraphs (1) and (2). (c) Exculpatory agreements (1) In general Except as provided in paragraph (2), a Fed- eral land management agency shall not imple- ment, administer, or enforce any regulation, guidance, or policy prohibiting the use of an exculpatory agreement between a recreation service provider or a holder of a commercial use authorization and a customer relating to services provided under a special recreation permit or a commercial use authorization. (2) Requirements Any exculpatory agreement used by a recre- ation service provider or holder of a commer- cial use authorization for an activity author- ized under a special recreation permit or com- mercial use authorization— (A) shall shield the United States from any liability, if otherwise allowable under Fed- eral law; and (B) shall not waive any liability of the recreation service provider or holder of the commercial use authorization that may not be waived under the laws (including common law) of the applicable State or for gross neg- ligence, recklessness, or willful misconduct. (3) Consistency Not later than 2 years after January 4, 2025, the Secretaries shall— (A) review the policies of the Secretaries pertaining to the use of exculpatory agree- ments by recreation service providers and holders of commercial use authorizations; and (B) revise any policy described in subpara- graph (A) as necessary to make the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation serv- ice providers and holders of commercial use authorizations consistent with this sub- section and across all Federal recreational lands and waters. (d) Effect Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services. (Pub. L. 118–234, title III, § 319, Jan. 4, 2025, 138 Stat. 2907.) Editorial Notes REFERENCES IN TEXT As amended by this title, referred to in subsec. (a)(1), means as amended by title III of Pub. L. 118–234. § 8549. Cost recovery reform (a) Cost recovery for special recreation permits In addition to a fee collected under section 6802 of this title or any other authorized fee col- lected by the Secretary concerned, the Sec- retary concerned may assess and collect a rea- sonable fee from an applicant for, or holder of, a special recreation permit to recover adminis- trative costs incurred by the Secretary con- cerned for— (1) processing a proposal or application for the special recreation permit; (2) issuing the special recreation permit; and (3) monitoring the special recreation permit to ensure compliance with the terms and con- ditions of the special recreation permit. (b) De minimis exemption from cost recovery If the administrative costs described in sub- section (a) are assessed on an hourly basis, the Secretary concerned shall— (1) establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administra- tive costs described in subsection (a); and (2) charge an applicant only for any hours that exceed the de minimis threshold. (c) Multiple applications If the Secretary concerned collectively proc- esses multiple applications for special recre- ation permits for the same or similar services in the same unit of Federal recreational lands and waters, the Secretary concerned shall, to the ex- tent practicable— (1) assess from the applicants the fee de- scribed in subsection (a) on a prorated basis; and Page 2771 TITLE 16—CONSERVATION § 8561 1 So in original. Probably should be ‘‘paragraph’’. 2 So in original. There is no subsec. (c). (2) apply the exemption described in sub- section (b) to each applicant on an individual basis. (d) Limitation The Secretary concerned shall not assess or collect administrative costs under this section for a programmatic environmental review. (e) Cost reduction To the maximum extent practicable, the agen- cy processing an application for a special recre- ation permit shall use existing studies and anal- ysis to reduce the quantity of work and costs necessary to process the application. (Pub. L. 118–234, title III, § 320, Jan. 4, 2025, 138 Stat. 2908.) § 8550. Savings provision Nothing in this part, or in any amendment made by this part, shall be construed as affect- ing the authority or responsibility of the Sec- retary of the Interior to award concessions con- tracts for the provision of accommodations, fa- cilities, and services, or commercial use author- izations to provide services, to visitors to U.S. Fish and Wildlife Service refuges or units of the National Park System pursuant to subchapter II of chapter 1019 of title 54 (formerly known as the ‘‘National Park Service Concessions Manage- ment Improvement Act of 1998’’), except that sections 8543(a), 8544, 8548(a), 8548(b), and 8548(c) of this title shall also apply to commercial use authorizations under that Act. (Pub. L. 118–234, title III, § 323, Jan. 4, 2025, 138 Stat. 2911.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’ meaning subtitle A (§§ 311–323) of title III of Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2891, which enacted sections 6804a and 8541 to 8550 of this title, amended sections 6801 to 6804, 6807, and 6809 of this title, and repealed section 1703 of Title 43, Public Lands. The National Park Service Concessions Management Improvement Act of 1998, referred to in text, is title IV of Pub. L. 105–391, Nov. 13, 1998, 112 Stat. 3503. For com- plete classification of this Act to the Code, see Short Title of 1998 Act note set out under section 100101 of Title 54, National Park Service and Related Programs, and Tables. PART B—MAKING RECREATION A PRIORITY § 8561. Extension of seasonal recreation opportu- nities (a) Definition of seasonal closure In this section, the term ‘‘seasonal closure’’ means any period during which— (1) a unit, or portion of a unit, of Federal recreational lands and waters is closed to the public for a continuous period of 30 days or more, excluding temporary closures relating to wildlife conservation or public safety; and (2) permitted or allowable recreational ac- tivities, which provide an economic benefit, including off-season or winter-season tourism, do not take place at the unit, or portion of a unit, of Federal recreational lands and waters. (b) Coordination (1) In general The Secretaries shall consult and coordinate with outdoor recreation-related businesses op- erating on, or adjacent to, a unit of Federal recreational lands and waters, State offices of outdoor recreation, local destination mar- keting organizations, applicable trade organi- zations, nonprofit organizations, Indian Tribes, local governments, and institutions of higher education— (A) to better understand— (i) trends with respect to visitors to the unit of Federal recreational lands and wa- ters; (ii) the effect of seasonal closures on areas of, or infrastructure on, units of Fed- eral recreational lands and waters on out- door recreation opportunities, adjacent businesses, and local tax revenue; and (iii) opportunities to extend the period of time during which areas of, or infrastruc- ture on, units of Federal recreational lands and waters are open to the public to increase outdoor recreation opportunities and associated revenues for businesses and local governments; and (B) to solicit input from, and provide infor- mation for, outdoor recreation marketing campaigns. (2) Local coordination As part of the consultation and coordination required under subparagraph 1 (1), the Secre- taries shall encourage relevant unit managers of Federal recreational lands and waters man- aged by the Forest Service, the Bureau of Land Management, and the National Park Service to consult and coordinate with local governments, Indian Tribes, outdoor recre- ation-related businesses, and other local stakeholders operating on or adjacent to the relevant unit of Federal recreational lands and waters. (d) 2 Extensions beyond seasonal closures (1) Extension of recreational season In the case of a unit of Federal recreational lands and waters managed by the Forest Serv- ice, the Bureau of Land Management, or the National Park Service in which recreational use is highly seasonal, the Secretary con- cerned, acting through the relevant unit man- ager, may— (A) as appropriate, extend the recreation season or increase recreation use in a sus- tainable manner during the offseason; and (B) make information about extended sea- son schedules and related recreational op- portunities available to the public and local communities. (2) Determination In determining whether to extend the recre- ation season under this subsection, the Sec- retary concerned, acting through the relevant unit manager, shall consider the benefits of extending the recreation season— Page 2772 TITLE 16—CONSERVATION § 8571 (A) for the duration of income to gateway communities; and (B) to provide more opportunities to visit resources on units of Federal recreational lands and waters to reduce crowding during peak visitation. (3) Clarification Nothing in this subsection precludes the Secretary concerned, acting through the rel- evant unit manager, from providing for addi- tional recreational opportunities and uses at times other than those described in this sub- section. (4) Inclusions An extension of a recreation season or an in- crease in recreation use during the offseason under paragraph (1) may include— (A) the addition of facilities that would in- crease recreation use during the offseason; and (B) improvement of access to the relevant unit to extend the recreation season. (5) Requirement An extension of a recreation season or in- crease in recreation use during the offseason under paragraph (1) shall be done in compli- ance with all applicable Federal laws, regula- tions, and policies, including land use plans. (6) Agreements (A) In general The Secretary concerned may enter into agreements with businesses, local govern- ments, or other entities to share the cost of additional expenses necessary to extend the period of time during which an area of, or in- frastructure on, a unit of Federal rec- reational lands and waters is made open to the public. (B) In-kind contributions The Secretary concerned may accept in- kind contributions of goods and services pro- vided by businesses, local governments, or other entities for purposes of paragraph (1). (Pub. L. 118–234, title III, § 331, Jan. 4, 2025, 138 Stat. 2911.) PART C—RECREATION NOT RED TAPE § 8571. Good neighbor authority for recreation (a) Definitions In this section: (1) Authorized recreation services The term ‘‘authorized recreation services’’ means similar and complementary recreation enhancement or improvement services carried out— (A) on Federal land, non-Federal land, or land owned by an Indian Tribe; and (B) by either the Secretary or a Governor, Indian Tribe, or county, as applicable, pur- suant to a good neighbor agreement. (2) County The term ‘‘county’’ means— (A) the appropriate executive official of an affected county; or (B) in any case in which multiple counties are affected, the appropriate executive offi- cial of a compact of the affected counties. (3) Federal land The term ‘‘Federal land’’ means land that is— (A) owned and administered by the United States as a part of— (i) the National Forest System; or (ii) the National Park System; or (B) public lands (as defined in section 1702 of title 43). (4) Recreation enhancement or improvement services The term ‘‘recreation enhancement or im- provement services’’ means— (A) establishing, repairing, restoring, im- proving, relocating, constructing, or recon- structing new or existing— (i) trails or trailheads; (ii) campgrounds and camping areas; (iii) cabins; (iv) picnic areas or other day use areas; (v) shooting ranges; (vi) restroom or shower facilities; (vii) paved or permanent roads or park- ing areas that serve existing recreation fa- cilities or areas; (viii) fishing piers, wildlife viewing plat- forms, docks, or other constructed features at a recreation site; (ix) boat landings; (x) hunting or fishing sites; (xi) infrastructure within ski areas; or (xii) visitor centers or other interpreta- tive sites; and (B) activities that create, improve, or re- store access to existing recreation facilities or areas. (5) Good neighbor agreement The term ‘‘good neighbor agreement’’ means a cooperative agreement or contract (includ- ing a sole source contract) entered into be- tween the Secretary and a Governor, Indian Tribe, or county, as applicable, to carry out authorized recreation services under this sub- chapter. (6) Governor The term ‘‘Governor’’ means the Governor or any other appropriate executive official of an affected State or the Commonwealth of Puerto Rico. (7) Secretary concerned The term ‘‘Secretary concerned’’ means— (A) the Secretary of Agriculture, with re- spect to National Forest System land; and (B) the Secretary of the Interior, with re- spect to National Park System land and pub- lic lands. (b) Good neighbor agreements for recreation (1) In general The Secretary concerned may enter into a good neighbor agreement with a Governor, In- dian Tribe, or county to carry out authorized recreation services in accordance with this subchapter. Page 2773 TITLE 16—CONSERVATION § 8574 (2) Public availability The Secretary concerned shall make each good neighbor agreement available to the pub- lic. (3) Financial and technical assistance (A) In general The Secretary concerned may provide fi- nancial or technical assistance to a Gov- ernor, Indian Tribe, or county carrying out authorized recreation services. (B) Omitted (4) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any author- ized recreation services to be provided under this section on Federal land shall not be dele- gated to a Governor, Indian Tribe, or county. (Pub. L. 118–234, title III, § 351, Jan. 4, 2025, 138 Stat. 2915.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a)(5) and (b)(1), was in the original ‘‘this title’’, meaning title III of Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2891, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(4), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. CODIFICATION Section is comprised of section 351 of Pub. L. 118–234. Subsec. (b)(3)(B) of section 351 of Pub. L. 118–234 amended section 2113a of this title. § 8572. Permit relief for picnic areas (a) In general If the Secretary concerned does not require the public to obtain a permit or reservation to access a picnic area on Federal recreational lands and waters administered by the Forest Service or the Bureau of Land Management, the Secretary concerned shall not require a covered person to obtain a permit solely to access the picnic area. (b) Covered person defined In this section, the term ‘‘covered person’’ means a person (including an educational group) that provides outfitting and guiding services to fewer than 40 customers per year at a picnic area described in subsection (a). (Pub. L. 118–234, title III, § 352, Jan. 4, 2025, 138 Stat. 2916.) § 8573. Interagency report on special recreation permits for underserved communities (a) Covered community defined In this section, the term ‘‘covered commu- nity’’ means a rural or urban community, in- cluding an Indian Tribe, that is— (1) low-income or underserved; and (2) has been underrepresented in outdoor recreation opportunities on Federal rec- reational lands and waters. (b) Report Not later than 3 years after January 4, 2025, the Secretaries, acting jointly, shall submit to the Committee on Energy and Natural Re- sources of the Senate and the Committee on Natural Resources of the House of Representa- tives a report that describes— (1) the estimated use of special recreation permits serving covered communities; (2) examples of special recreation permits, partnerships, cooperative agreements, or other arrangements providing access to Federal rec- reational lands and waters for covered commu- nities; (3) other ways covered communities are en- gaging on Federal recreational lands and wa- ters, including through stewardship and con- servation projects or activities; (4) any barriers for existing or prospective recreation service providers and holders of commercial use authorizations operating within or serving a covered community; and (5) any recommendations to facilitate and increase permitted access to Federal rec- reational lands and waters for covered commu- nities. (Pub. L. 118–234, title III, § 353, Jan. 4, 2025, 138 Stat. 2917.) § 8574. Savings provision No additional Federal funds are authorized to carry out the requirements of this Act and the activities authorized by this Act are subject to the availability of appropriations made in ad- vance for such purposes. (Pub. L. 118–234, title III, § 355, Jan. 4, 2025, 138 Stat. 2917.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 118–234, Jan. 4, 2025, 138 Stat. 2836, known as the Expanding Public Lands Outdoor Recreation Experiences Act and also as the EXPLORE Act, which enacted this chapter and en- acted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 8401 of this title and Tables.