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16 U.S.C. § 8442Improved recreation visitation data

submitted 1 year ago by Pub. L. 118-234 to r/title-16-CONSERVATION · 1,008 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal land agencies must build a consistent system for tracking how many people visit federal recreational lands, and must run a pilot program giving the public real-time or predicted visitation data at selected sites. They can partner with tribes, local governments, and private companies to do this, but the law limits them from tracking or recording individual visitors. Agencies must also publish an annual visitation report.

(a) Consistent visitation data. (1) The Secretaries (the federal officials managing the relevant lands) must set up a single system to report accurate, consistent annual visitation numbers for each unit of federal recreational lands and waters, and for land held in trust for an Indian Tribe if that Tribe asks for it. (2) Within that system, the Secretaries must create categories of recreation activities that are reported the same way across agencies, and must estimate the number of visitors in each category for each unit. (b) Real-Time Data Pilot Program. (1) Within 5 years after January 4, 2025, using money the Secretaries already have, the Secretaries must run a "Real-Time Data Pilot Program" that gives the public, for each selected unit: real-time or predicted visitation data (including data already published by outside platforms) for the unit itself, for areas within it where practical, and for nearby recreation sites run by other federal, state, or local agencies where practical; and, through multiple types of media, information about lesser-known nearby recreation sites (including ones run by other agencies), to help spread out visitors. (2) Locations. When the program starts, the Secretaries must pick 10 units managed by the Secretary (of the Interior), 5 units managed by the Forest Service (under the Secretary of Agriculture), 1 unit managed by NOAA (under the Secretary of Commerce), and 1 unit managed by the Army Corps of Engineers (under the Assistant Secretary of the Army for Civil Works). Within 6 years after January 4, 2025, the Secretaries must report to Congress on how the pilot program is going, with recommendations for expanding it. The Secretaries must also ask nearby communities and the public for feedback, and may only include a unit in the program if the community next to it supports its participation. (3) The Secretaries may share this information directly or through the outside partners described in subsection (c). (4) In running the pilot program, the Secretaries may rely, where practical, on assessments or data gathered before January 4, 2025. (c) Community and outside partners. To carry out this section, the Secretary in charge may coordinate or partner with nearby communities, state and local tourism offices, local governments, Indian Tribes, trade associations, local recreation marketing groups, permitted recreation providers, or other relevant stakeholders, and may coordinate or make agreements with private and nonprofit partners, including tech companies, geospatial data companies, data-science experts, or other data companies. (d) Existing programs. The Secretaries may use programs or products they already have to carry this section out. (e) Privacy limits. Nothing in this section lets the Secretaries: monitor or record where a visitor goes; restrict, interfere with, or monitor a visitor's private communications; or collect information from owners of land next to a federal recreation unit, or information about non-federal land. (f) Reports. Starting 1 year after January 4, 2025, and every year after, the Secretaries must publish on their website a report on the annual visitation of each unit, broken down by recreation activity as much as practical. (g) Definitions. "Federal recreational lands and waters" has the meaning given in section 6801 of this title, and also includes federal lands and waters managed by NOAA and the Army Corps of Engineers. "Secretaries" means: the Secretary (of the Interior), for lands under their jurisdiction; the Secretary of Agriculture, acting through the Forest Service Chief, for Forest Service lands; the Secretary of Commerce, acting through NOAA's Administrator, for NOAA's federal waters; and the Assistant Secretary of the Army for Civil Works, for lakes and reservoirs run by the Army Corps of Engineers.
the actual law source: uscode.house.gov ↗public domain
(a) Consistent visitation data
(1) Annual visitation data

The Secretaries shall establish a single visitation data reporting system to report accurate 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 Secretaries shall—

(A)

establish multiple categories of different recreation activities that are reported consistently across agencies; and

(B)

provide an estimate of the number of visitors for each applicable category established 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 Secretaries, 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 recreational lands and waters selected for participation in the Pilot Program under paragraph (2)—

(A)

real-time or predictive data on visitation (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 within the unit of Federal recreational lands and waters; and

(iii)

to the extent practicable, recreation sites managed by any other Federal agency, a State agency, or a local agency that are located near the unit of Federal recreational lands and waters; and

(B)

through multiple media platforms, information about lesser-known recreation sites located near the unit of Federal recreational lands and waters (including recreation 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 Administrator of the National Oceanic and Atmospheric Administration); and

(iv)

1 unit of Federal recreational lands and waters managed by the Assistant Secretary 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 recommendations to expand the pilot program to additional units managed by the Secretaries.

(C) Feedback; support of gateway communities

The Secretaries shall—

(i)

solicit feedback regarding participation in the Pilot Program from communities adjacent to units of Federal recreational 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 adjacent to the unit of Federal recreational lands and waters is supportive of the participation of the unit of Federal recreational lands and waters in the Pilot Program.

(3) Dissemination of information

The Secretaries may disseminate the information 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 Secretaries may, to the extent practicable, rely on assessments completed or data gathered prior to January 4, 2025.

(c) Community partners and third-party providers

For purposes of carrying out this section, the Secretary concerned may—

(1)

coordinate and partner with—

(A)

communities adjacent to units of Federal 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 organizations;

(G)

permitted facilitated recreation providers; or

(H)

other relevant stakeholders; and

(2)

coordinate or enter into agreements, as appropriate, with private sector and nonprofit partners, including—

(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 section.

(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 adjacent 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 publish on a website of the Secretaries a report that describes the annual visitation of each unit of Federal recreational lands and waters, including, to the maximum extent practicable, visitation 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 section 6801 of this title; and

(B)

includes Federal lands and waters managed by the National Oceanic and Atmospheric 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 jurisdiction of the National Oceanic and Atmospheric Administration; and

(D)

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.

Source credit: (Pub. L. 118–234, title I, § 132, Jan. 4, 2025, 138 Stat. 2859.)

history & why it existsrecord from the source credit
  • 2025Enacted · Pub. L. 118-234 · 138 Stat. 2859

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-234 on 2025-01-04.

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