H.R. 1834 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1834 IN THE HOUSE OF REPRESENTATIVES May 6, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish a bipartisan 21st Century Great Outdoors Commission to assess the use, value, job creation, and economic opportunities associated with the outdoor resources of the public lands and other land and water areas of the United States, and for other purposes. 1. Short title This Act may be cited as the 21st Century Great Outdoors Commission Act. 2. Establishment of commission There is established in the legislative branch a bipartisan 21st Century Great Outdoors Commission to assess the use, value, job creation, and economic opportunities associated with the outdoor resources of the public lands and other land and water areas of the United States, and for other purposes. The outdoor resources of the public lands and other land and water areas of the United States confer enormous benefits on the people of the United States including providing clean water as well as economic benefits. 3. Findings The Congress finds the following: (1) Current research indicates that changing demographics, impacts of climate change, lack of public access, and funding shortfalls create challenges for land and recreation managers. The research also affirms that outdoor resources present opportunities for job creation and economic development. (2) Outdoor recreation is responsible for more than $646,000,000,000 in direct consumer spending, generates more than $80,000,000,000 in Federal, State, and local taxes and supports more than 6,100,000 American jobs. (3) Outdoor recreation opportunities are critical to the Nation’s 46,800,000 hunters and anglers who generate at least 33,700,000,000 in economic activity nationwide. (4) Outdoor recreation promotes better mental and physical health for children. Research shows that spending time outside enhances fitness and improves academic achievement. (5) Therapeutic and adaptive recreation programs provide invaluable benefits to disabled and injured veterans. These programs not only aid in physical recovery but also help to address mental health issues, such as post-traumatic stress disorder, and other afflictions suffered by wounded warriors. (6) It has been increasingly clear that land and water available for outdoor recreation also has other benefits to society including the protection of water resources, the conservation of fish and wildlife habitat, protection of communities from natural hazards such as flooding and storms, reduction in air pollution and sustaining rural land uses such ranching, farming, and forest management. (7) The 2010 Census reports that four out of five Americans now live in urban or metropolitan areas, making the need for safe and accessible close-to-home outdoor recreation opportunities more important than ever. (8) The American people have benefitted from two federally initiated national reviews of outdoor recreation resources in the latter half of the twentieth century. The Outdoor Recreation Resources Review Commission, established by legislation and signed by President Eisenhower in 1958, issued its report in 1962, which led to the passage of several landmark conservation and outdoor recreation laws. The President’s Commission on Outdoor Recreation, established by Executive order by President Reagan and Chaired by then Governor Lamar Alexander, issued its report in 1987, the findings of which solidified the importance of our Nation’s outdoor recreation laws and further recognized the value of partnerships and cooperation in ensuring outdoor recreation opportunities for all Americans. The 21st Century Great Outdoors Commission established in this Act will build upon this foundation of existing conservation and recreation programs that were created from the previous commissions and will address recreation and conservation needs in 21st century America. Further, it will help guide policies to help meet the demands for outdoor recreation and conservation throughout the Nation. (9) The bipartisan Outdoor Resources Review Group, through Resources for the Future, reported on the State of the Great Outdoors in 2009 identifying issues with the supply and financing of outdoor recreation opportunities. (10) The Obama Administration launched the America’s Great Outdoors Initiative to develop a 21st century conservation and recreation agenda. The America’s Great Outdoors Initiative led to the Federal Interagency Council on Outdoor Recreation, which strives to support and enhance outdoor recreation access and opportunities on Federal public lands, waters, and shores. (11) The bipartisan Western Governors’ Association released a report in 2012 identifying challenges and recommending strategies for providing outdoor recreation experiences in the Western United States. (12) It has been over 25 years since the last presidentially directed review of America’s conservation and outdoor recreation needs. The people of the United States would benefit from a new federally initiated bipartisan review of American outdoor resources and from policy recommendations including how to maximize the economic opportunities associated with changing use patterns, how differing regions can access American outdoor resources, and how Federal, State, local, and private interests can address existing challenges. 4. Definitions For the purposes of this Act: (1) Commission The term Commission means the 21st Century Great Outdoors Commission. (2) Outdoor resources The term outdoor resources means the land and water areas and associated resources of such areas in the United States and its territories and possessions, which provide or may in the future provide opportunities for outdoor recreation and enjoyment. (3) Outdoor recreation The term outdoor recreation means use of outdoor resources, both developed and undeveloped, in urban, suburban, and rural areas, including backcountry and dispersed recreation on public lands. 5. Composition of Commission (a) Membership (1) In general The Commission shall be composed of 11 members, appointed not later than 60 days after the date of the enactment of this Act, as follows: (A) Two members who shall be appointed by the Speaker of the House of Representatives. (B) One member who shall be appointed by the minority leader of the House of Representatives. (C) Two members who shall be appointed by the majority leader of the Senate. (D) One member who shall be appointed by the minority leader of the Senate. (E) Five members who shall be appointed by the President from among persons who are broadly representative of the people of the United States, only two of which shall be from the President’s political party. (2) Term Each member shall be appointed for the life of the Commission. (3) Vacancy A vacancy in the Commission shall not affect its powers and shall be filled in the manner in which the original appointment was made. (b) Compensation (1) Per diem Each member of the Commission may be compensated at an amount not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (c) Meetings; Quorum; Rules of Procedure (1) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. At the first meeting, the Commission shall designate a chair. (2) Subsequent Meetings Subsequent meetings shall be held at the call of the Chair. (3) Quorum Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (4) Rules The Commission may establish rules of procedure for the conduct of the Commission’s business, if such rules are not inconsistent with this Act or other applicable law. (d) Advisory Council The Commission shall establish an advisory council to assist the Commission in carrying out its duties. The Advisory Council shall consist of the liaison officers involved with the Federal Interagency Council on Outdoor Recreation, together with 20 additional members appointed by the Commission. The Commission shall consider broad-based geographical and interest representation, including citizens involved with local parks and recreation centers, outdoor recreation at the local, State, and Federal levels, public health, local recreation businesses, hunting and fishing activities, other wildlife interests, land conservation, historic, and cultural preservation, and other natural resource-based activities. 6. Duties (a) In general The Commission, in its inquiries, findings, and recommendations, shall recognize that— (1) present and future solutions to problems of outdoor resources and opportunities are responsibilities at all levels of government, from local to Federal, and of individuals and private organizations; (2) lands, waters, forest, rangelands, wetlands, wildlife, and such other natural resources serve multiple purposes; and (3) sound planning of resource use for the full future welfare of the Nation must include coordination and integration of multiple uses such as economic development, energy development, recreation, historic preservation, and conservation. (b) Specific duties The duties of the Commission are as follows: (1) Review and augment existing contemporary research on outdoor resources, including numerous economic studies, and identify areas that have not been thoroughly researched. (2) Use existing research to better determine use patterns, expectations, and resource needs. (3) Conduct detailed case studies of use, challenges, and successes associated with outdoor resources in every region of the United States to better understand regional opportunities and challenges in urban, suburban, and rural areas. The Commission, working with the Advisory Council, shall determine regional boundaries and case study locations. (4) Evaluate existing Federal funding programs to determine how well they can work better to accomplish more conservation and recreation objectives. (5) Evaluate the role that the Federal Government plays in preserving and enhancing recreational opportunities and associated regional economies vis-à-vis States, localities, and the private sector. (6) Evaluate and identify opportunities, practices, and investment strategies where the conservation of land for outdoor recreation can also serve other needs such as— (A) the responsible and effective reuse of relinquished military property for public benefit; (B) protection of water resources; (C) the conservation of fish and wildlife habitat; (D) providing buffers from natural hazards such as storms and floods; and (E) sustaining traditional uses of rural land such farming, ranching, and forest management. (7) Provide policy recommendations, including recommendations on how to— (A) address key challenges such as climate change; (B) use outdoor resources to improve health; (C) account for the effects of increasing urbanization on outdoor resources and recreation; (D) maximize access to recreation for underserved communities, including outdoor programs for youth; (E) maximize access to adaptive and therapeutic recreation programs for disabled and injured veterans; (F) use recreation to strengthen regional economies; (G) preserve regional recreation economies; and (H) improve the use of existing funding and programs for conservation and recreation. (c) Reports (1) Interim and progress reports The Commission, on its own initiative or on request of the President or the Congress, shall prepare interim or progress reports on particular phases of its review. (2) Final report Not later than 18 months after the date on which all members of the Commission have been appointed, the Commission shall present a report of its review and its recommendations to the President, Congress, and State Governors. The report and recommendations shall— (A) be presented in such form as to make them of maximum value to State, local, and regional entities; (B) include recommendations as to means whereby the review may effectively be kept current in the future; and (C) include recommendations for the near future and for further action in 2020 and 2040. 7. Powers of the Commission (a) Contracting The Commission may, to such extent and in such amounts as are provided in advance in Acts of appropriation, enter into contracts to enable the Commission to discharge its duties under this Act. (b) Information from Federal agencies (1) In general The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (c) Assistance from Federal agencies (1) General services administration The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support and other services for the performance of the Commission’s functions. (2) Other departments and agencies In addition to assistance under paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they determine advisable and as may be authorized by law. (d) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Postal services The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. 8. Staff (a) In General (1) Compensation The chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as Federal employees (A) In general The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission Subparagraph (A) shall not be construed to apply to members of the Commission. (b) Detailees Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) Expert and consultant services The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Volunteer services Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. 9. Nonapplicability of Federal Advisory Committee Act (a) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public meetings and release of public versions of reports The Commission shall— (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 6(c). (c) Public hearings Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. 10. Termination of commission (a) In general The Commission, and all the authorities of this Act, shall terminate 60 days after the date on which the final report is submitted under section 6(c). (b) Administrative activities before termination The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.