[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2877 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2877
To amend the Wilderness Act to allow local Federal officials to
determine the manner in which nonmotorized uses may be permitted in
wilderness areas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2018
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Wilderness Act to allow local Federal officials to
determine the manner in which nonmotorized uses may be permitted in
wilderness areas, 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 ``Human-Powered Travel in Wilderness
Areas Act''.
SEC. 2. RETURNING HUMAN-POWERED TRAVEL TO WILDERNESS AREAS.
Section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)) is amended--
(1) by striking the subsection designation and heading and
all that follows through ``Except as'' and inserting the
following:
``(c) Prohibition of Certain Uses.--
``(1) Definitions.--In this subsection:
``(A) Local official.--The term `local official'
means the officer or employee who is the head of a unit
or jurisdiction of, as applicable--
``(i) the Bureau of Land Management;
``(ii) the National Park Service;
``(iii) the Forest Service; or
``(iv) the United States Fish and Wildlife
Service.
``(B) Nonmotorized travel.--The term `nonmotorized
travel' means a method of human travel that does not
use a propulsive internal or external motor with a
nonliving power source.
``(C) Permitted route.--The term `permitted route'
means any new or existing path, trail, paved or unpaved
road, or way over snow or ice, located within a
wilderness area designated by this Act on which one or
more forms of nonmotorized recreational use is
permitted under applicable law (including regulations)
on the date on which a local official makes a
determination under paragraph (3) or the date that is 2
years after the date of enactment of the Human-Powered
Travel in Wilderness Areas Act, as applicable in
accordance with paragraph (3).
``(2) Prohibitions.--
``(A) Commercial enterprises; permanent roads.--
Except as'';
(2) in paragraph (2) (as so designated)--
(A) in subparagraph (A), by striking ``this Act
and, except as'' and inserting the following: ``this
Act.
``(B) Temporary roads; motor vehicles, motorized
equipment, and other forms of travel.--Except as''; and
(B) in subparagraph (B) (as so designated), by
inserting ``(but not including any form of nonmotorized
travel, regardless of whether the nonmotorized travel
is mechanically assisted, in which the sole propulsive
power source is one or more persons)'' after
``mechanical transport''; and
(3) by adding at the end the following:
``(3) Permissible forms of recreational use on permitted
routes.--
``(A) Determinations by local officials.--
``(i) In general.--Notwithstanding any
other provision of law, the Secretary of
Agriculture and the Secretary of the Interior
shall authorize relevant local officials to
determine, by not later than 2 years after the
date of enactment of the Human-Powered Travel
in Wilderness Areas Act, all permissible forms
of nonmotorized travel over any permitted route
within the jurisdiction of the local official.
``(ii) Failure to determine.--
``(I) In general.--If a local
official fails to make the
determination described in clause (i)
with respect to a permitted route
within the jurisdiction of the local
official by the date that is 2 years
after the date of enactment of the
Human-Powered Travel in Wilderness
Areas Act, any form of nonmotorized
travel shall be allowable on the
permitted route.
``(II) Effect of clause.--Nothing
in this clause limits the authority of
a local official to make a
determination described in clause (i)
relating to a permitted route described
in subclause (I) after the date that is
2 years after the date of enactment of
the Human-Powered Travel in Wilderness
Areas Act, in accordance with this
subparagraph.
``(iii) Requirement.--In making a
determination pursuant to this subparagraph, a
local official shall seek to accommodate all
forms of nonmotorized travel, to the maximum
extent practicable.
``(B) Authority.--In making a determination
pursuant to subparagraph (A), a local official may
carry out such activities and promulgate such
regulations as the local official determines to be
appropriate to reduce, eliminate, or prevent
environmental impacts or undue conflicts among members
of nonmotorized travel user groups, including--
``(i) restricting, by permit or other
means, the number of individuals allowed on a
permitted route or in a wilderness area;
``(ii) instructing users to stay on
permitted routes;
``(iii) limiting party size;
``(iv) educating users regarding best
practices;
``(v) using volunteer or paid patrollers;
``(vi) establishing speed limits;
``(vii) adding natural features to
discourage improper uses of permitted routes;
``(viii) designating the direction of
travel on a permitted route; and
``(ix) separating uses of permitted
routes--
``(I) by day or time of day; or
``(II) seasonally.
``(4) Effect of subsection.--
``(A) In general.--Subject to subparagraph (B),
nothing in this subsection requires the Secretary of
Agriculture, the Secretary of the Interior, or any
local official--
``(i) to alter any wilderness area;
``(ii) to allow in a wilderness area any
use that is likely to change the wilderness
character of the area;
``(iii)(I) to open a permitted route or
wilderness area to a public recreational use;
or
``(II) to maintain a permitted route or
wilderness area for such a use; or
``(iv) to allow any nonmotorized travel on
any portion of the Appalachian National Scenic
Trail that is administered entirely as a
footpath pursuant to section 5(a)(1) of the
National Trails System Act (16 U.S.C.
1244(a)(1)).
``(B) Presumption.--A form of nonmotorized travel,
regardless of whether the nonmotorized travel is
mechanically assisted, in which the sole propulsive
power source is one or more persons shall be rebuttably
presumed to be in accordance with the preservation and
maintenance of the wilderness character of a wilderness
area.''.
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