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16 U.S.C. § 8571Good neighbor authority for recreation

submitted 1 year ago by Pub. L. 118-234 to r/title-16-CONSERVATION · 502 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets federal land agencies partner with states, tribes, and counties through "good neighbor agreements" to build and maintain recreation facilities like trails, campgrounds, and boat landings on federal land. It defines the key terms and requires environmental review to stay with the federal agency.

(a) Definitions. This section defines seven terms: (1) Authorized recreation services means similar recreation-improvement services carried out (A) on federal land, non-federal land, or tribal land, and (B) by either the Secretary or a Governor, Indian Tribe, or county under a good neighbor agreement. (2) County means the top elected official of an affected county, or, if several counties are affected, the top official of a group of those counties working together. (3) Federal land means land owned and run by the U.S. as part of (A)(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 means (A) building, repairing, restoring, improving, moving, or reconstructing new or existing trails or trailheads, campgrounds and camping areas, cabins, picnic or other day-use areas, shooting ranges, restrooms or showers, paved or permanent roads or parking that serve existing recreation sites, fishing piers, wildlife-viewing platforms, docks, or similar features, boat landings, hunting or fishing sites, ski-area infrastructure, or visitor centers and other interpretive sites; and (B) activities that create, improve, or restore access to existing recreation facilities or areas. (5) Good neighbor agreement means a cooperative agreement or contract (including one awarded without competitive bidding) between the Secretary and a Governor, Indian Tribe, or county to carry out authorized recreation services under this subchapter. (6) Governor means the Governor or another top elected official of an affected state or Puerto Rico. (7) Secretary concerned means (A) the Secretary of Agriculture for National Forest System land, and (B) the Secretary of the Interior for National Park System land and public lands. (b) Good neighbor agreements for recreation. (1) The Secretary concerned may enter a good neighbor agreement with a Governor, Indian Tribe, or county to carry out authorized recreation services under this subchapter. (2) The Secretary concerned must make each good neighbor agreement available to the public. (3)(A) The Secretary concerned may give financial or technical help to a Governor, Indian Tribe, or county carrying out authorized recreation services. (B) — this paragraph is intentionally left blank in the statute ("Omitted"). (4) Retention of NEPA responsibilities. Any decision required under the National Environmental Policy Act of 1969 for authorized recreation services on federal land under this section cannot be handed off to a Governor, Indian Tribe, or county — the federal agency must keep that responsibility itself.
the actual law source: uscode.house.gov ↗public domain
(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.

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

history & why it existsrecord from the source credit
  • 2025Enacted · Pub. L. 118-234 · 138 Stat. 2915

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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