16 USC 8442 - Improved recreation visitation data

U.S Code last checked for updates: Feb 22, 2025

§ 8442.

Improved recreation visitation data

(a)

Consistent visitation data

(1)

Annual visitation data

The Secretaries shall establish a single visitation data reporting system to report accurate annual visitation data, in a consistent manner, for—

(A)

each unit of Federal recreational lands and waters; and

(B)

land held in trust for an Indian Tribe, on request of the Indian Tribe.

(2)

Categories of use

Within the visitation data reporting system established under paragraph (1), the Secretaries shall—

(A)

establish multiple categories of different recreation activities that are reported consistently across agencies; and

(B)

provide an estimate of the number of visitors for each applicable category established under subparagraph (A) for each unit of Federal recreational lands and waters.

(b)

Real-Time Data Pilot Program

(1)

In general

Not later than 5 years after January 4, 2025, using existing funds available to the Secretaries, the Secretaries shall carry out a pilot program, to be known as the “Real-Time Data Pilot Program” (referred to in this section as the “Pilot Program”), to make available to the public, for each unit of Federal recreational lands and waters selected for participation in the Pilot Program under paragraph (2)—

(A)

real-time or predictive data on visitation (including data and resources publicly available from existing nongovernmental platforms) at—

(i)

the unit of Federal recreational lands and waters;

(ii)

to the extent practicable, areas within the unit of Federal recreational lands and waters; and

(iii)

to the extent practicable, recreation sites managed by any other Federal agency, a State agency, or a local agency that are located near the unit of Federal recreational lands and waters; and

(B)

through multiple media platforms, information about lesser-known recreation sites located near the unit of Federal recreational lands and waters (including recreation sites managed by any other Federal agency, a State agency, or a local agency), in an effort to encourage visitation among recreational sites.

(2)

Locations

(A)

Initial number of units

On establishment of the Pilot Program, the Secretaries shall select for participation in the Pilot Program—

(i)

10 units of Federal recreational lands and waters managed by the Secretary;

(ii)

5 units of Federal recreational lands and waters managed by the Secretary of Agriculture (acting through the Chief of the Forest Service);

(iii)

1 unit of Federal recreational lands and waters managed by the Secretary of Commerce (acting through the Administrator of the National Oceanic and Atmospheric Administration); and

(iv)

1 unit of Federal recreational lands and waters managed by the Assistant Secretary of Army for Civil Works.

(B)

Report

(C)

Feedback; support of gateway communities

The Secretaries shall—

(i)

solicit feedback regarding participation in the Pilot Program from communities adjacent to units of Federal recreational lands and waters and the public; and

(ii)

in carrying out subparagraphs (A) and (B), select a unit of Federal recreation lands and waters to participate in the Pilot Program only if the community adjacent to the unit of Federal recreational lands and waters is supportive of the participation of the unit of Federal recreational lands and waters in the Pilot Program.

(3)

Dissemination of information

(4)

Inclusion of current assessments

(c)

Community partners and third-party providers

For purposes of carrying out this section, the Secretary concerned may—

(1)

coordinate and partner with—

(A)

communities adjacent to units of Federal recreational lands and waters;

(B)

State and local outdoor recreation and tourism offices;

(C)

local governments;

(D)

Indian Tribes;

(E)

trade associations;

(F)

local outdoor recreation marketing organizations;

(G)

permitted facilitated recreation providers; or

(H)

other relevant stakeholders; and

(2)

coordinate or enter into agreements, as appropriate, with private sector and nonprofit partners, including—

(A)

technology companies;

(B)

geospatial data companies;

(C)

experts in data science, analytics, and operations research; or

(D)

data companies.

(d)

Existing programs

(e)

Privacy clauses

Nothing in this section provides authority to the Secretaries—

(1)

to monitor or record the movements of a visitor to a unit of Federal recreational lands and waters;

(2)

to restrict, interfere with, or monitor a private communication of a visitor to a unit of Federal recreational lands and waters; or

(3)

to collect—

(A)

information from owners of land adjacent to a unit of Federal recreational lands and waters; or

(B)

information on non-Federal land.

(f)

Reports

(g)

Definitions

In this section—

(1)

Federal recreational lands and waters

The term “Federal recreational lands and waters”—

(A)

has the meaning given the term in section 6801 of this title; and

(B)

includes Federal lands and waters managed by the National Oceanic and Atmospheric Administration and the U.S. Army Corps of Engineers.

(2)

Secretaries

The term “Secretaries” means—

(A)

the Secretary, with respect to lands under the jurisdiction of the Secretary;

(B)

the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to lands under the jurisdiction of the Forest Service;

(C)

the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, with respect to Federal waters under the jurisdiction of the National Oceanic and Atmospheric Administration; and

(D)

the Assistant Secretary of Army for Civil Works, with respect to lakes and reservoirs under the jurisdiction of the U.S. Army Corps of Engineers.

(Pub. L. 118–234, title I, § 132, Jan. 4, 2025, 138 Stat. 2859.)

cite as: 16 USC 8442