16 USC CHAPTER 103, SUBCHAPTER III, Part C: Recreation Not Red Tape
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UPDATED THROUGH PUB. L. 119-1.

16 USC CHAPTER 103, SUBCHAPTER III, Part C: Recreation Not Red Tape
From Title 16—CONSERVATIONCHAPTER 103—EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCESSUBCHAPTER III—SIMPLIFYING OUTDOOR ACCESS FOR RECREATION

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, pursuant to a good neighbor agreement.

(2) County

The term "county" means—

(A) the appropriate executive official of an affected county; or

(B) in any case in which multiple counties are affected, the appropriate executive official of a compact of the affected counties.

(3) Federal land

The term "Federal land" means land that is—

(A) owned and administered by the United States as a part of—

(i) the National Forest System; or

(ii) the National Park System; or


(B) public lands (as defined in section 1702 of title 43).

(4) Recreation enhancement or improvement services

The term "recreation enhancement or improvement services" means—

(A) establishing, repairing, restoring, improving, relocating, constructing, or reconstructing new or existing—

(i) trails or trailheads;

(ii) campgrounds and camping areas;

(iii) cabins;

(iv) picnic areas or other day use areas;

(v) shooting ranges;

(vi) restroom or shower facilities;

(vii) paved or permanent roads or parking areas that serve existing recreation facilities or areas;

(viii) fishing piers, wildlife viewing platforms, docks, or other constructed features at a recreation site;

(ix) boat landings;

(x) hunting or fishing sites;

(xi) infrastructure within ski areas; or

(xii) visitor centers or other interpretative sites; and


(B) activities that create, improve, or restore access to existing recreation facilities or areas.

(5) Good neighbor agreement

The term "good neighbor agreement" means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a Governor, Indian Tribe, or county, as applicable, to carry out authorized recreation services under this subchapter.

(6) Governor

The term "Governor" means the Governor or any other appropriate executive official of an affected State or the Commonwealth of Puerto Rico.

(7) Secretary concerned

The term "Secretary concerned" means—

(A) the Secretary of Agriculture, with respect to National Forest System land; and

(B) the Secretary of the Interior, with respect to National Park System land and public lands.

(b) Good neighbor agreements for recreation

(1) In general

The Secretary concerned may enter into a good neighbor agreement with a Governor, Indian Tribe, or county to carry out authorized recreation services in accordance with this subchapter.

(2) Public availability

The Secretary concerned shall make each good neighbor agreement available to the public.

(3) Financial and technical assistance

(A) In general

The Secretary concerned may provide financial or technical assistance to a Governor, Indian Tribe, or county carrying out authorized recreation services.

(B) Omitted

(4) Retention of NEPA responsibilities

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

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


Editorial Notes

References in Text

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

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

Codification

Section is comprised of section 351 of Pub. L. 118–234. Subsec. (b)(3)(B) of section 351 of Pub. L. 118–234 generally 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 community" means a rural or urban community, including an Indian Tribe, that is—

(1) low-income or underserved; and

(2) has been underrepresented in outdoor recreation opportunities on Federal recreational lands and waters.

(b) Report

Not later than 3 years after January 4, 2025, the Secretaries, acting jointly, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—

(1) the estimated use of special recreation permits serving covered communities;

(2) examples of special recreation permits, partnerships, cooperative agreements, or other arrangements providing access to Federal recreational lands and waters for covered communities;

(3) other ways covered communities are engaging on Federal recreational lands and waters, including through stewardship and conservation projects or activities;

(4) any barriers for existing or prospective recreation service providers and holders of commercial use authorizations operating within or serving a covered community; and

(5) any recommendations to facilitate and increase permitted access to Federal recreational lands and waters for covered communities.

(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 advance 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 enacted, 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.