16 U.S.C. § 8461 — Partnership agreements to modernize federally owned campgrounds, resorts, cabins, and visitor centers on Federal recreational lands and waters

(a) Definitions. In this section:

(1) “Covered activity” means—

(A) a capital improvement, including construction, reconstruction, and nonroutine maintenance of a structure, infrastructure, or improvement, related to operating or accessing a covered recreation facility; and

(B) any activity needed to operate or maintain a covered recreation facility.

(2) “Covered recreation facility” means a federally owned campground, resort, cabin, or visitor center that—

(A) existed on January 4, 2025; and

(B) is 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” means—

(A) a unit of State^*, Tribal, or local government;

(B) a nonprofit organization; or

(C) a private entity.

(b) Pilot program. The Secretaries^* must establish a pilot program under which the Secretary concerned^* may enter into an agreement with an eligible entity, or issue or amend a land-use authorization for an eligible entity. The agreement or authorization may allow the eligible entity to carry out covered activities related to a covered recreation facility. The agreement or authorization is subject to this section and to the terms of any relevant land-use authorization. This applies whether or not the eligible entity held an authorization to be a concessionaire for the covered recreation facility on January 4, 2025.

(c) Minimum number of agreements or land-use authorizations. No later than three years after January 4, 2025, the Secretary^* concerned must enter into at least one 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 administered by the Director of the Bureau of Land Management in at least five States in which the Bureau administers Federal recreational lands and waters.

(d) Requirements.

(1) Development plans. Before entering into an agreement or issuing a land-use authorization under subsection (b), an eligible entity must submit a development plan to the Secretary concerned. The plan must—

(A) describe the investments the eligible entity will make in the covered recreation facility during the first three years of the agreement or land-use authorization;

(B) describe the eligible entity’s maintenance spending for each year of the agreement or land-use authorization; and

(C) include any other terms and conditions the Secretary concerned determines are necessary or appropriate.

(2) Agreements and land-use authorizations. An agreement or land-use authorization under subsection (b) must—

(A) last no more than 30 years, with the length matching the level of investment;

(B) require that, no later than three years after the date the Secretary concerned enters into the agreement or issues or amends the land-use authorization, the applicable eligible entity expend, place in an escrow account for the eligible entity to expend, or deposit in a special account in the Treasury for the Secretary concerned to spend, without further appropriation, on covered activities related to the applicable covered recreation facility, an amount or specified percentage determined by the Secretary concerned that is 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 acceptable to both the Secretary concerned and the eligible entity;

(D) include any terms and conditions that the Secretary concerned determines are necessary for a special-use permit issued under section 580d of this title, including the payment described in subparagraph (E), or for the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), as applicable;

(E) provide for the Federal Government to receive a fee or a share of revenue—

(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 account the capital invested by, and obligations of, the eligible entity under the agreement or land-use authorization; and

(ii) all or part of which may be offset by work performed at the eligible entity’s expense that is separate from the routine costs of operating and maintaining the applicable covered recreation facility and any associated infrastructure designated by the Secretary concerned, as the Secretary concerned determines appropriate;

(F) include provisions stating that—

(i) the eligible entity receives no property interest in the covered recreation facility because of expenditures the agreement or land-use authorization requires the eligible entity to make;

(ii) all structures and other improvements that the entity constructs, reconstructs, or nonroutinely maintains under the agreement or land-use authorization on land owned by the United States are the property of the United States; and

(iii) the eligible entity alone is responsible for any cost of decommissioning or removing a capital improvement, if needed, when the agreement or land-use authorization ends; and

(G) be subject to any other terms and conditions the Secretary concerned determines are necessary or appropriate.

(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 is available for the Secretary concerned to spend, without further appropriation, for recreation-related purposes on the unit or area of Federal recreational lands and waters where the fee or revenue was collected.