[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3123 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3123
To provide for the standardization, consolidation, and publication of
data relating to public outdoor recreational use of Federal waterways
among Federal land and water management agencies, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 25, 2023
Mr. Barrasso (for himself and Mr. King) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To provide for the standardization, consolidation, and publication of
data relating to public outdoor recreational use of Federal waterways
among Federal land and water management agencies, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Modernizing Access to Our Public
Waters Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal fishing restriction.--The term ``Federal
fishing restriction'' means a defined area in which all or
certain fishing activities are temporarily or permanently
prohibited or restricted by a Federal land or water management
agency.
(2) Federal land or water management agency.--The term
``Federal land or water management agency'' means--
(A) the Bureau of Reclamation;
(B) the National Park Service;
(C) the Bureau of Land Management;
(D) the United States Fish and Wildlife Service;
and
(E) the Forest Service.
(3) Federal waterway.--The term ``Federal waterway'' means
any portion of a body of water managed partially or wholly by 1
or more of the relevant Secretaries.
(4) Federal waterway restriction.--The term ``Federal
waterway restriction'' means a restriction on the access or use
of a Federal waterway applied under applicable law by 1 or more
of the Secretaries.
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service; and
(B) the Secretary of the Interior.
SEC. 3. INTERAGENCY DATA STANDARDIZATION.
Not later than 30 months after the date of enactment of this Act,
the Secretaries shall jointly develop and adopt interagency standards
to ensure compatibility and interoperability among applicable Federal
databases with respect to the collection and dissemination of
geospatial data relating to public outdoor recreational use of Federal
waterways and Federal fishing restrictions.
SEC. 4. DATA CONSOLIDATION AND PUBLICATION.
(a) Federal Waterway Restrictions.--Not later than 4 years after
the date of enactment of this Act, each of the Secretaries, to the
maximum extent practicable, shall digitize and make publicly available
online, as applicable, geographic information system data that
includes, with respect to Federal waterway restrictions--
(1) status information with respect to the conditions under
which Federal waterways are open or closed to entry or
watercraft, including watercraft inspection or decontamination
requirements;
(2) the dates on which Federal waterways are seasonally
closed to entry or watercraft;
(3) the areas of Federal waterways with restrictions on
motorized propulsion, horsepower, or gasoline fuel;
(4) the areas of Federal waterways with anchoring
restrictions, no wake zones, or vessel speed restrictions;
(5) Federal waterway restrictions on the direction of
travel, including upstream or downstream travel; and
(6) the types of watercraft that are restricted on each
area of a Federal waterway, including the permissibility of--
(A) canoes;
(B) rafts and driftboats;
(C) motorboats;
(D) personal watercraft;
(E) airboats;
(F) amphibious aircraft;
(G) hovercraft; and
(H) oversnow vehicles and other motorized vehicles
on frozen bodies of water.
(b) Federal Waterway Access and Navigation Information.--Not later
than 4 years after the date of enactment of this Act, each of the
Secretaries, to the maximum extent practicable, shall digitize and make
publicly available online, as applicable, geographic information system
data that includes, with respect to Federal waterway access and
navigation information--
(1)(A) the location of boat ramps, portages, and fishing
access sites under the authority of the Federal land or water
management agency; and
(B) the identification of the dates on which the facilities
and sites identified under subparagraph (A) are open or closed,
as applicable; and
(2) bathymetric information and depth charts.
(c) Federal Fishing Restrictions.--Not later than 4 years after the
date of enactment of this Act, each of the Secretaries, to the maximum
extent practicable, shall digitize and make publicly available online
geographic information system data that describes, with respect to
Federal fishing restrictions--
(1) the location and geographic boundaries of Federal
fishing restrictions on recreational and commercial fishing,
including--
(A) full or partial closures;
(B) no-take zones; and
(C) Federal fishing restrictions within or
surrounding marine protected areas;
(2) Federal fishing restrictions on the use of specific
types of equipment or bait, such as restrictions on the use of
barbed hooks or live bait; and
(3) Federal requirements with respect to catch and release.
(d) Public Comment.--The Secretaries shall develop a process to
allow members of the public to submit questions or comments regarding
the information described in subsections (a) and (b).
(e) Updates.--The Secretaries, to the maximum extent practicable,
shall update--
(1) the data described in subsections (a) and (b) not less
frequently than 2 times per year; and
(2) the data described in subsection (c) in real time as
changes go into effect.
(f) Exclusion.--This section shall not apply to irrigation canals
and flowage easements.
(g) Disclosure.--Any geographic information system data made
publicly available under this section shall not disclose information
regarding the nature, location, character, or ownership of historic,
paleontological, or archaeological resources, consistent with
applicable law.
SEC. 5. COOPERATION AND COORDINATION.
(a) Community Partners and Third-Party Providers.--For purposes of
carrying out this Act, the Secretaries may--
(1) coordinate and partner with non-Federal agencies and
private sector and nonprofit partners, including--
(A) State natural resource agencies;
(B) technology companies;
(C) geospatial data companies; and
(D) experts in data science, analytics, and
operations research; and
(2) enter into an agreement with a third party to carry out
any provision of this Act.
(b) United States Geological Survey.--The Secretaries may work with
the Director of the United States Geological Survey to collect,
aggregate, digitize, standardize, and publish data on behalf of the
Secretaries to meet the requirements of this Act.
(c) Requirement.--With respect to data developed and distributed
under this Act, the Secretaries shall include a notice that any
geospatial data are subject to applicable Federal, State, and Tribal
regulations.
SEC. 6. REPORTS.
Not later than 1 year after the date of enactment of this Act and
annually thereafter through March 30, 2033, the Secretaries shall
submit a report that describes the progress made by the Secretaries
with respect to meeting the requirements of this Act to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives;
(4) the Committee on Energy and Commerce of the House of
Representatives; and
(5) the Committee on Agriculture of the House of
Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) to the Secretary of the Interior to carry out this
Act--
(A) $3,000,000 for fiscal year 2024; and
(B) $6,000,000 for each of fiscal years 2025
through 2027; and
(2) to the Secretary of Agriculture to carry out this Act--
(A) $2,000,000 for fiscal year 2024; and
(B) $4,000,000 for each of fiscal years 2025
through 2027.
SEC. 8. EFFECT.
Nothing in this Act--
(1) modifies or alters the definition of the term
``navigable waters'' under Federal law;
(2) affects the jurisdiction or authority of State or
Federal agencies to regulate navigable waters; or
(3) modifies or alters the authority or jurisdiction of
Federal or State agencies to manage fisheries.
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