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Outdoor Recreation Act Contains Some Concerning Provisions

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Efforts by the Senate Energy and Natural Resources Committee to make it easier to visit and enjoy federal lands managed by the Interior and Agriculture departments make strides in the right direction, but also raise troubling questions when it comes to the protection of the National Park System and the workload and resources for the staff-strained National Park Service, according to the National Parks and Conservation Association.

While the park advocacy group applauded the intent of the America's Outdoors Recreation Act of 2022 to make federal lands access passes obtainable online and to improve coordination between the land-management agenices, it raised concerns over the bill's directive that the U.S. Forest Service and Bureau of Land Management open more shooting ranges on their lands.

"These public lands are often immediately adjacent to NPS land, and the bill does not sufficiently outline mitigation efforts that must be undertaken to ensure a safe and unimpaired park experience," NPCA said in its comments to the committee.

Former Interior Secretary Ryan Zinke was a big proponent of shooting ranges on public lands, and during his short-lived tenure wanted to see national monuments opened to target shooting, despite the propensity of rock art panels being used as targets. There also have been instances of wildfires being started by bullet fragments.

Also of concern to NPCA in the legislation was the call for more broadband access on federal lands, something the group said deserves more study because of "the extensive use of and impacts to natural and cultural resources to build and maintain broadband at recreation sites within the National Park System ..."

While the legislation directs federal land managers to better track visitation across their lands and pilot new technologies, it does not provide any additional resources to do that work, something NPCA called out.

"Unfortunately, these sections [144 adn 145] present an unfunded mandate to land management agencies, who will be unable to successfully implement this strategy without significant federal funding," NPCA wrote. "As Section 131 of this legislation illustrates, further infrastructure investments would be needed on our public lands to guarantee the necessary internet access required for real-time data collection. NPCA is not convinced that federal land management agencies have the corresponding staff who can analyze and ensure integrity of the collected data. Since the data is intended for public use, Congress should ensure its accuracy and efficacy.

"A 21st century Park Service requires not only bold thinking, but investments in the staff and technology that are the foundational tools necessary to uphold the NPS mandate as outlined in the Organic Act," the group added. "NPCA looks forward to working with Congress and this Committee as this legislation moves forward."

Among the provisions in the legislation, which now heads to the Senate floor, are:

  • A provision that directs federal land managers to identify at least 10 long-distance bike trails (i.e., bike trails with at least 80 miles in total length on Federal land), and 10 areas where there is an opportunity to develop or complete long-distance bike trails. For any existing trails identified, the Secretaries may publish and distribute maps, install signage, and issue promotional materials. Prior to any trail identification, the Secretaries are required to ensure that identification would not conflict with an existing use of a trail or road, including horseback riding. This section further requires the Secretaries to issue a report that lists the trails identified under this section.
  • Another telling the Interior Department and U.S. Forest Service to collaborate with State and local governments, housing authorities, trade associations, and nonprofits to identify needs and economic impacts in gateway communities. Further, this section directs the Secretary of Agriculture, in coordination with the Secretaries of the Interior and Commerce, to provide financial and technical assistance to gateway communities (adjacent to recreation destinations) to establish, operate, or expand infrastructure to accommodate visitation, including hotels and restaurants. Assistance that may be provided includes training programs, technical assistance, low-interest business loans, and loan guarantees.
  • A section calling on Interior and Forest Service officials to increase parking opportunities for people recreating on their lands. In order to ensure that such efforts do not add to the deferred maintenance backlog, this section allows the agencies to enter into public-private partnerships and lease non-Federal land for parking opportunities.
  • A section that directs Interior and Forest Service officials to establish a pilot program for public-private partnership agreements to modernize campgrounds and buildings on Forest Service and BLM land. Agreements are not to exceed 30 years and must include certain capital expenditure and maintenance requirements. At least one agreement would be required for each region of the National Forest System and for five states in which the BLM administers land.
  • A requirement that federal land management agencies conduct an inventory and assessment of current recreation resources, to identify any trends relating to use, and consider future recreation needs. After identifying underutilized locations, the agencies must consider the suitability for developing, expanding, or enhancing these recreation resources. After, the agencies are to select high-value recreation resources at which to expand and encourage recreation use.
  • A requirement that Interior and Agriculture department officials develop a national strategy to increase youth recreation on federal lands.

"Increased support for outdoor recreation through federal investments in recreation infrastructure and public parks is critical to the continued success of our business and the outdoor industry,” said Lise Aangeenbrug, executive director of the Outdoor Industry Association. “This bipartisan proposal will expand Americans’ access to outdoor spaces and recreation, support local outdoor industry businesses and their employees, and bring meaningful economic opportunities to countless communities. Following nearly two years of COVID-19 related lockdowns and economic stress, these proposals would also improve the mental, physical, and economic well-being of everyone, regardless of zip code, background, or income. As this measure advances in the Senate, we remain committed to working with Congress together to ensure this vital legislation is passed and enacted into law.”

At the National Shooting Sports Foundation, Lawrence G. Keane, senior vice president and general counsel, said his organization “applauds Chairman Joe Manchin and Ranking Member John Barrasso for championing this important legislative package. When enacted, this bill will facilitate enhanced and expanded opportunities for hunting, fishing and recreational shooting for today’s outdoorsmen and women on our public lands. NSSF is especially appreciative of the provisions in this bill which would create new public shooting ranges throughout the National Forest system and Bureau of Land Management districts."

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Comments

In my misspent youth I was a wildland firefighter @ Ft. Lewis Military Reservation in WA State.  Yes, live fire excercies sometimes sparked wildfires but never on an actual range which is cleared of fuels and has a backstop behind targets to stop bullets.  Each fall our national forests are full of hunters shooting at live and sometimes moving targets.  Their spent shells don't generally start fires.  And like any other activity, during times of extreme fire danger land managers can limit or exclude certain acitvities like campfires and grilling.  

The proposal is for more established shooting ranges, not for wide open shooting generally.  The difference is akin to established campgrounds vs. dispersed camping.

This sounds reminiscent of the alarmism we heard when President Bush lifted the ban on firearms in national parks some 15 years ago.  We were loudly warned of the imminenet dangers vacationing families would endure now that NPS lands would be managed by the laws of the surrounding state.  Of course, no such calamity materialized.  

No land manager is going to build a shooting range in front of petroglyphs. We need more free/affordable ranges so people don't go off range.  Ranges contain the impact and are safer than the alternative.


Loui, for what it's worth:

* Two years ago shooting at a police range in Utah sparked a 3500-acre fire.

https://wildfiretoday.com/tag/target-shooting/

* Fires at shooting ranges in Fairbanks and Palmer prompt responses from state forestry

https://akfireinfo.com/2021/05/09/fires-at-shooting-ranges-in-fairbanks-...

* Summit County (Colorado) Shooting Range closed due to fire danger.

https://www.summitdaily.com/news/crime/summit-county-to-enact-stage-2-fi...

* Target shooting at shooting range in Colorado sparks fire.

https://www.aspentimes.com/news/breaking-wildfire-breaks-out-near-basalt/

* Dropped gun goes off in Yellowstone restroom.

https://www.nationalparkstraveler.org/2016/08/dropped-gun-goes-yellowsto...

* Toddler killed by gunshot at Yellowstone campground.

https://www.nationalparkstraveler.org/2013/09/yellowstone-national-park-...

* Rocky Mountain National Park hiker shot by his own gun.

https://www.nationalparkstraveler.org/2020/07/hiker-shot-own-gun-rocky-m...


they have privatized our public lands.  These agencies that applauded the FOR PROFIT online registry system to access our lands should be ashamed 


Kurt, with thousands of outdoor guns ranges, 40 million annual hunters in the outdoors and 400 million guns in the country, that is a petty short list for the last 10 years. Hardly meets the threshold of a calamity.  Heck you get more havic than that in a weekend in Chicago. 

This is just the NPCA being their winny self.  You will never make those folks happy.  


It is spelled "whiney", not "winny". 

 

Let me know after you sit down with the family of that toddler killed at Yellowstone, will you? Remind them that your term in response was "petty". 


Yes, Rick, every unfortunate death is tragic.  But, we don't shut down the world for every activity that might cause a tragic death. More people have died in National Parks hiking than have been shot, much less killed by gun shot.  As tragic as their deaths are, we don't shut down hiking in the Parks.  

 


Well Rick B you might be interested to know that the parent in that case did not actually violate NPS law by having the firearm in the national park.  The offense occured when the weapon was discharged- by the child... Not sure what point you are looking to make. 


chris...:

Well Rick B you might be interested to know that the parent in that case did not actually violate NPS law by having the firearm in the national park.  The offense occured when the weapon was discharged- by the child... Not sure what point you are looking to make.

A lot of state laws do hold parents criminally liable for any kind of illegal discharge or death as a result of a child.  As far as I can tell, Wyoming doesn't have such a law, although theoretically a parent can be held criminally liable.

But what holds is state law, incorporated into a federal jurisdiction via the Assimilative Crimes Act.

However, I think the idea is that previously it would have been illegal according to federal law to have a loaded firearm in Yellowstone, and he probably wouldn't have had a loaded gun that the child could reach.

I've also heard of some pretty crazy things happening in campgrounds mixed with guns.  Like the guy who thought it was a good idea to have his cooler on a picnic table in a Forest Service Campground.  When he saw a bear going after his cooler, he started shooting his .45 in a crowded campground and was lucky that he didn't hit anyone sleeping.  Apparently didn't hit the bear either.


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