[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4553 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4553
To ensure access to certain public land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2024
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To ensure access to certain public land, 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 ``Outdoor Americans with Disabilities
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Disability-accessible land.--The term ``disability-
accessible land'' means each square mile of public land
assessed, as of the date of enactment of this Act, to have not
less than 2.5 miles of authorized road accessible to motorized
vehicles or off-road vehicles.
(2) Off-road vehicle.--The term ``off-road vehicle'' means
any motorized vehicle capable of, or designed for, travel on or
immediately over land, water, or other natural terrain.
(3) Public land.--The term ``public land'' means--
(A) National Forest System land; and
(B) land under the jurisdiction of the Secretary of
the Interior.
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
land under the jurisdiction of the Secretary of the
Interior.
SEC. 3. UPDATES TO TRAVEL MANAGEMENT PLANS AND MOTOR VEHICLE USE PLANS.
Notwithstanding any other provision of law (including regulations),
the Secretaries concerned shall prioritize updating travel management
plans and motor vehicle use plans of the Bureau of Land Management and
the Forest Service.
SEC. 4. MOTOR VEHICLE USE MAPS AND DESIGNATION OF CERTAIN PUBLIC LAND
AS OPEN, LIMITED, OR CLOSED TO OFF-ROAD VEHICLES.
(a) In General.--Notwithstanding any other provision of law
(including regulations), the Secretary of Agriculture (acting through
the Chief of the Forest Service), for purposes of developing motor
vehicle use maps under section 212.56 of title 36, Code of Federal
Regulations (or a successor regulation), and the Secretary of the
Interior, for purposes of designating public land under the
jurisdiction of the Secretary of the Interior as open, limited, or
closed to off-road vehicles under section 8342.3 of title 43, Code of
Federal Regulations (or a successor regulation), shall--
(1) account for the total length of traversable, approved
roads in each square mile of public land managed by the
applicable Secretary concerned;
(2) for purposes of closing roads under the jurisdiction of
the Secretary concerned, comply with the requirements
established under subsection (b);
(3) prioritize the inclusion and approval of roads on
public land that provide access to diverse opportunities for
recreation, including hunting, fishing, visiting cultural and
natural sites, birdwatching, hiking, picnicking, camping,
boating, mountain biking, and the use of motorized vehicles or
off-road vehicles (including electric bicycles and over-snow
vehicles);
(4) coordinate with appropriate Federal agencies, State,
county, and other local governmental entities, and Tribal
governments for purposes of identifying routes on public land
that are considered to be desirable for recreation to ensure
the public land is disability-accessible land;
(5) have the authority to revise a route on public land as
the Secretary concerned determines to be necessary to address
changes to conditions occurring after the date of the
designation of the route; and
(6) ensure that any road that is subject to a claim under
section 2477 of the Revised Statutes (43 U.S.C. 932) (repealed
by section 706 of the Federal Land Policy and Management Act of
1976 (Public Law 94-579; 90 Stat. 2793)) that has not been
adjudicated or litigated shall remain open until the
adjudication or litigation has been completed.
(b) Road Closures.--
(1) In general.--For purposes of subsection (a)(2)--
(A) in the case of disability-accessible land, the
Secretary concerned shall not close roads that would
result in a net decrease of authorized road accessible
to motorized vehicles or off-road vehicles to the
extent that the public land would no longer be
designated as disability-accessible land, unless--
(i) the road on public land being closed
was established during the 1-year period ending
on the date of the closure to address a
temporary need or emergency; or
(ii) the Secretary concerned--
(I) determines that the road on
public land being closed poses a direct
threat to the health or safety of
personnel or visitors to the public
land; and
(II) complies with the requirements
of paragraphs (3) and (4) with respect
to the closure; and
(B) in the case of public land that is not
considered to be disability-accessible land--
(i) the Secretary concerned shall consider
opening any road on public land that was closed
during the 10-year period ending on the date of
enactment of this Act;
(ii) the Secretary concerned shall not
close any additional roads on public land,
unless the Secretary concerned--
(I) determines that the road poses
a direct threat to the health or safety
of personnel or visitors to the public
land; and
(II) complies with the requirements
of paragraphs (3) and (4) with respect
to the closure; and
(iii) the Secretary concerned shall not
close any roads on public land that the
Secretary concerned determines are beneficial
for fuels reduction treatments, wildfire
response, or search and rescue activities.
(2) Notice and hearing.--For purposes of a road closure
under subparagraph (A) or (B) of paragraph (1), the Secretary
concerned shall--
(A) provide notice of the proposed closure to allow
for public comment, which may be provided after the
closure if the Secretary concerned determines that
there is an immediate threat to the health or safety of
personnel or visitors to the public land; and
(B) conduct a public hearing with respect to the
closure, which may be held after the closure if the
Secretary concerned makes a determination in the
affirmative under subparagraph (A).
(3) New roads.--For purposes of a road closure under
subparagraph (A) or (B) of paragraph (1), the Secretary
concerned shall--
(A) provide for the nomination of new roads on
public land to be added to a motor vehicle use plan or
travel management plan of the Secretary concerned; and
(B) establish an appropriate new road on public
land not later than 1 year after the date on which the
road is closed under that paragraph.
(4) Categorical exclusion.--A road closure that the
Secretary concerned determines to be necessary under
subparagraph (A) or (B) of paragraph (1) or the establishment
of a new road nominated for establishment under subparagraph
(A) of paragraph (3) shall be categorically excluded from the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), subject to any regulations requiring
a determination that there are no extraordinary circumstances
that warrant the preparation of an environmental assessment or
an environmental impact statement with respect to the proposed
road closure or establishment of the new road.
(5) Rebuttable presumption.--For purposes of the review of
a road closure under subparagraph (A) or (B) of paragraph (1),
there shall be a rebuttable presumption that roads shall remain
open for public use, which may only be rebutted by clear and
compelling evidence demonstrating that the closure of the road
is necessary in accordance with this Act.
(c) Regulations.--The Secretaries concerned may issue or revise
regulations to carry out this section.
SEC. 5. EFFECT OF ACT.
Nothing in this Act--
(1) prohibits the Secretary concerned from developing new
roads or trails on public land for the use of motorized
vehicles or off-road vehicles; or
(2) establishes new roads or trails in a component of the
National Wilderness System, inventoried roadless area,
congressionally designated primitive area, or unit of the
National Park System (other than a National Recreation Area).
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