Definitions
In this section:
Covered activity
The term “covered activity” means—
a capital improvement, including the construction, reconstruction, and nonroutine maintenance of any structure, infrastructure, or improvement, relating to the operation of, or access to, a covered recreation facility; and
any activity necessary to operate or maintain a covered recreation facility.
Covered recreation facility
The term “covered recreation facility” means a federally owned campground, resort, cabin, or visitor center that is—
in existence on ; and
located on Federal recreational lands and waters administered by—
the Chief of the Forest Service; or
the Director of the Bureau of Land Management.
Eligible entity
The term “eligible entity” means—
a unit of State, Tribal, or local government;
a nonprofit organization; and
a private entity.
Pilot program
The Secretaries shall establish a pilot program 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 activities relating to a covered recreation facility, subject to the requirements of this section and the terms of any relevant land use authorization, regardless of whether the eligible entity holds, on , an authorization to be a concessionaire for the covered recreation facility.
Minimum number of agreements or land use authorizations
Not later than 3 years after , the Secretary concerned shall enter into at least 1 agreement or land use authorization under subsection (b) in—
a unit of the National Forest System in each region of the National Forest System; and
Federal recreational lands and waters administered by the Director of the Bureau of Land Management in not fewer than 5 States in which the Bureau of Land Management administers Federal recreational lands and waters.
Requirements
Development plans
Before entering into an agreement or issuing a land use authorization under subsection (b), an eligible entity shall submit to the Secretary concerned a development plan that—
describes investments in the covered recreation facility to be made by the eligible entity during the first 3 years of the agreement or land use authorization;
describes annual maintenance spending to be made by the eligible entity for each year of the agreement or land use authorization; and
includes any other terms and conditions determined to be necessary or appropriate by the Secretary concerned.
Agreements and land use authorizations
An agreement or land use authorization under subsection (b) shall—
be for a term of not more than 30 years, commensurate with the level of investment;
require that, not later than 3 years after the date on which the Secretary concerned 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 Secretary concerned, without further appropriation, for covered activities relating to the applicable covered recreation facility, an amount or specified percentage, as determined 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;
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 the Secretary concerned and the eligible entity;
section 580d of this title43 U.S.C. 1701 include any terms and conditions that the Secretary concerned determines to be necessary for a special use permit issued under , including the payment described in subparagraph (E) or the Federal Land Policy and Management Act of 1976 ( et seq.), as applicable;
provide for payment to the Federal Government of a fee or a sharing of revenue—
consistent with—
section 580d of this title the land use fee for a special use permit authorized under ; or
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
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 maintaining the applicable covered recreation facility and any associated infrastructure designated by the Secretary concerned, as determined to be appropriate by the Secretary concerned;
include provisions stating that—
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;
all structures and other improvements constructed, reconstructed, or nonroutinely 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
the eligible entity shall be solely responsible for any cost associated with the decommissioning or removal of a capital improvement, if needed, at the conclusion of the agreement or land use authorization; and
be subject to any other terms and conditions determined to be necessary or appropriate by the Secretary concerned.
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 concerned 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, § 153138 Stat. 2868 (, , .)
Editorial Notes
References in Text
Pub. L. 94–57990 Stat. 2743 section 1701 of Title 43The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(2)(D), is , , , which is classified principally 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 and Tables.