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17
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https://www.law.cornell.edu/uscode/text/17
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106
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https://www.law.cornell.edu/uscode/text/17/106#tab_default_1
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17 U.S. Code § 106 - Exclusive rights in copyrighted works
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Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords ; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works , to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings , to perform the copyrighted work publicly by means of a digital audio transmission. ( Pub. L. 94–553, title I, § 101 , Oct. 19, 1976 , 90 Stat. 2546 ; Pub. L. 101–318, § 3(d) , July 3, 1990 , 104 Stat. 288 ; Pub. L. 101–650, title VII, § 704(b)(2) , Dec. 1, 1990 , 104 Stat. 5134 ; Pub. L. 104–39, § 2 , Nov. 1, 1995 , 109 Stat. 336 ; Pub. L. 106–44, § 1(g)(2) , Aug. 5, 1999 , 113 Stat. 222 ; Pub. L. 107–273, div. C, title III, § 13210(4)(A) , Nov. 2, 2002 , 116 Stat. 1909 .)
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14
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https://www.law.cornell.edu/uscode/text/14
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5107
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https://www.law.cornell.edu/uscode/text/14/5107#tab_default_1
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14 U.S. Code § 5107 - Major acquisition program risk assessment
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(a) In General.— Not later than October 15 of each year, the Commandant of the Coast Guard shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing regarding a current assessment of the risks associated with all current major acquisition programs, as that term is defined in section 5103(f). (b) Elements.— Each assessment under this subsection shall include, for each current major acquisition program, discussion of the following: (1) The top five current risks to such program. (2) Any failure of such program to demonstrate a key performance parameter or threshold during operational test and evaluation conducted during the previous fiscal year. (3) Whether there has been any decision in such fiscal year to order full-rate production before all key performance parameters or thresholds are met. (4) Whether there has been any breach of major acquisition program cost (as defined by the Major Systems Acquisition Manual) in such fiscal year. (5) Whether there has been any breach of major acquisition program schedule (as so defined) during such fiscal year. (Added Pub. L. 115–232, div. C, title XXXV, § 3526(a) , Aug. 13, 2018 , 132 Stat. 2317 , § 2906; renumbered § 5107 and amended Pub. L. 115–282, title I , §§ 122(b), 123(b)(2), Dec. 4, 2018 , 132 Stat. 4239 , 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8240(e), Jan. 1, 2021 , 134 Stat. 4667 .)
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13
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https://www.law.cornell.edu/uscode/text/13
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2
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https://www.law.cornell.edu/uscode/text/13/2#tab_default_1
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13 U.S. Code § 2 - Bureau of the Census
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The Bureau is continued as an agency within, and under the jurisdiction of, the Department of Commerce . (Aug. 31, 1954, ch. 1158, 68 Stat. 1012 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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101531
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https://www.law.cornell.edu/uscode/text/54/101531#tab_default_1
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54 U.S. Code § 101531 - Fee for use of transportation services
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Notwithstanding any other provision of law, where the Service or an entity under a service contract, cooperative agreement, or other contractual agreement with the Service provides transportation to all or a portion of any System unit, the Secretary may impose a reasonable and appropriate charge to the public for the use of the transportation services in addition to any admission fee required to be paid. Collection of the transportation and admission fees may occur at the transportation staging area or any other reasonably convenient location determined by the Secretary. The Secretary may enter into agreements, with public or private entities that qualify to the Secretary’s satisfaction, to collect the transportation and admission fee. Transportation fees collected pursuant to this section shall be retained by the System unit at which the transportation fee was collected, and the amount retained shall be expended only for costs associated with the transportation systems at the System unit where the charge was imposed. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3134 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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101925
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https://www.law.cornell.edu/uscode/text/54/101925#tab_default_1
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54 U.S. Code § 101925 - Commercial use authorizations
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(a) In General.— To the extent specified in this section, the Secretary, on request, may authorize a private person, corporation, or other entity to provide services to visitors to System units through a commercial use authorization. A commercial use authorization shall not be considered to be a concession contract under this subchapter and no other section of this subchapter shall be applicable to a commercial use authorization except where expressly stated. (b) Criteria for Issuance of Commercial Use Authorizations.— (1) Required determinations.— The authority of this section may be used only to authorize provision of services that the Secretary determines— (A) will have minimal impact on resources and values of a System unit; and (B) are consistent with the purpose for which the System unit was established and with all applicable management plans and Service policies and regulations. (2) Elements of commercial use authorization.— The Secretary shall— (A) require payment of a reasonable fee for issuance of a commercial use authorization, the fees to remain available without further appropriation to be used, at a minimum, to recover associated management and administrative costs; (B) require that the provision of services under a commercial use authorization be accomplished in a manner consistent to the highest practicable degree with the preservation and conservation of System unit resources and values; (C) take appropriate steps to limit the liability of the United States arising from the provision of services under a commercial use authorization; (D) have no authority under this section to issue more commercial use authorizations than are consistent with the preservation and proper management of System unit resources and values; and (E) shall establish other conditions for issuance of a commercial use authorization that the Secretary determines to be appropriate for the protection of visitors, provision of adequate and appropriate visitor services, and protection and proper management of System unit resources and values. (c) Limitations.— Any commercial use authorization shall be limited to— (1) commercial operations with annual gross receipts of not more than $25,000 resulting from services originating and provided solely within a System unit pursuant to the commercial use authorization; (2) the incidental use of resources of the System unit by commercial operations that provide services originating and terminating outside the boundaries of the System unit; or (3) (A) uses by organized children’s camps, outdoor clubs, and nonprofit institutions (including back country use); and (B) other uses, as the Secretary determines to be appropriate. (d) Nonprofit Institutions.— Nonprofit institutions are not required to obtain commercial use authorizations unless taxable income is derived by the institution from the authorized use. (e) Prohibition on Construction.— A commercial use authorization shall not provide for the construction of any structure, fixture, or improvement on federally-owned land within the boundaries of a System unit. (f) Duration.— The term of any commercial use authorization shall not exceed 2 years. No preferential right of renewal or similar provisions for renewal shall be granted by the Secretary. (g) Other Contracts.— A person, corporation, or other entity seeking or obtaining a commercial use authorization shall not be precluded from submitting a proposal for concession contracts. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3150 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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8401
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https://www.law.cornell.edu/uscode/text/16/8401#tab_default_1
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16 U.S. Code § 8401 - Definitions
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In this chapter: (1) Federal land management agency The term “ Federal land management agency ” has the meaning given the term in section 6801 of this title . (2) Federal recreational lands and waters The term “ Federal recreational lands and waters ” has the meaning given the term in section 6801 of this title . (3) Gateway community The term “ gateway community ” means a community that serves as an entry point, or is adjacent, to a recreation destination on Federal recreational lands and waters or non-Federal land at which there is consistently high, in the determination of the Secretaries, seasonal or year-round visitation. (4) Indian Tribe The term “ Indian Tribe ” has the meaning given the term in section 5304 of title 25 . (5) Land use plan The term “ land use plan ” means— (A) a land use plan prepared by the Secretary pursuant to section 1712 of title 43 ; and (B) a land management plan prepared by the Forest Service for a unit of the National Forest Service pursuant to section 1604 of this title . (6) Secretaries The term “ Secretaries ” means each of— (A) the Secretary ; and (B) the Secretary of Agriculture. (7) Secretary The term “ Secretary ” means the Secretary of the Interior. (8) Secretary concerned The term “ Secretary concerned ” means— (A) the Secretary , with respect to land under the jurisdiction of the Secretary ; or (B) the Secretary of Agriculture, with respect to land managed by the Forest Service . (9) State The term “ State ” means each of the several States , the District of Columbia, and each territory of the United States . ( Pub. L. 118–234, § 2 , Jan. 4, 2025 , 138 Stat. 2837 .)
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15
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https://www.law.cornell.edu/uscode/text/15
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chapter-123
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https://www.law.cornell.edu/uscode/text/15/chapter-123
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9901
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https://www.law.cornell.edu/uscode/text/15/9901#tab_default_1
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15 U.S. Code § 9901 - Prohibition on transfer of personally identifiable sensitive data of United States individuals to foreign adversaries
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(a) Prohibition It shall be unlawful for a data broker to sell, license, rent, trade, transfer, release, disclose, provide access to, or otherwise make available personally identifiable sensitive data of a United States individual to— (1) any foreign adversary country ; or (2) any entity that is controlled by a foreign adversary . (b) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of this section shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of Commission (A) In general The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act . (3) Authority preserved Nothing in this section may be construed to limit the authority of the Commission under any other provision of law. (c) Definitions In this section: (1) Commission The term “ Commission ” means the Federal Trade Commission . (2) Controlled by a foreign adversary The term “ controlled by a foreign adversary ” means, with respect to an individual or entity, that such individual or entity is— (A) a foreign person that is domiciled in, is headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary country ; (B) an entity with respect to which a foreign person or combination of foreign persons described in subparagraph (A) directly or indirectly own at least a 20 percent stake; or (C) a person subject to the direction or control of a foreign person or entity described in subparagraph (A) or (B). (3) Data broker (A) In general The term “ data broker ” means an entity that, for valuable consideration, sells, licenses, rents, trades, transfers, releases, discloses, provides access to, or otherwise makes available data of United States individuals that the entity did not collect directly from such individuals to another entity that is not acting as a service provider. (B) Exclusion The term “ data broker ” does not include an entity to the extent such entity— (i) is transmitting data of a United States individual , including communications of such an individual, at the request or direction of such individual; (ii) is providing, maintaining, or offering a product or service with respect to which personally identifiable sensitive data , or access to such data, is not the product or service; (iii) is reporting or publishing news or information that concerns local, national, or international events or other matters of public interest; (iv) is reporting, publishing, or otherwise making available news or information that is available to the general public— (I) including information from— (aa) a book, magazine, telephone book, or online directory; (bb) a motion picture; (cc) a television, internet, or radio program; (dd) the news media; or (ee) an internet site that is available to the general public on an unrestricted basis; and (II) not including an obscene visual depiction (as such term is used in section 1460 of title 18 ); or (v) is acting as a service provider . (4) Foreign adversary country The term “ foreign adversary country ” means a country specified in section 4872(d)(2) of title 10 . (5) Personally identifiable sensitive data The term “ personally identifiable sensitive data ” means any sensitive data that identifies or is linked or reasonably linkable, alone or in combination with other data, to an individual or a device that identifies or is linked or reasonably linkable to an individual. (6) Precise geolocation information The term “ precise geolocation information ” means information that— (A) is derived from a device or technology of an individual; and (B) reveals the past or present physical location of an individual or device that identifies or is linked or reasonably linkable to 1 or more individuals, with sufficient precision to identify street level location information of an individual or device or the location of an individual or device within a range of 1,850 feet or less. (7) Sensitive data The term “ sensitive data ” includes the following: (A) A government-issued identifier, such as a Social Security number, passport number, or driver’s license number. (B) Any information that describes or reveals the past, present, or future physical health, mental health, disability, diagnosis, or healthcare condition or treatment of an individual. (C) A financial account number, debit card number, credit card number, or information that describes or reveals the income level or bank account balances of an individual. (D) Biometric information. (E) Genetic information. (F) Precise geolocation information . (G) An individual’s private communications such as voicemails, emails, texts, direct messages, mail, voice communications, and video communications, or information identifying the parties to such communications or pertaining to the transmission of such communications, including telephone numbers called, telephone numbers from which calls were placed, the time calls were made, call duration, and location information of the parties to the call. (H) Account or device log-in credentials, or security or access codes for an account or device. (I) Information identifying the sexual behavior of an individual. (J) Calendar information, address book information, phone or text logs, photos, audio recordings, or videos, maintained for private use by an individual, regardless of whether such information is stored on the individual’s device or is accessible from that device and is backed up in a separate location. (K) A photograph, film, video recording, or other similar medium that shows the naked or undergarment-clad private area of an individual. (L) Information revealing the video content requested or selected by an individual. (M) Information about an individual under the age of 17. (N) An individual’s race, color, ethnicity, or religion. (O) Information identifying an individual’s online activities over time and across websites or online services. (P) Information that reveals the status of an individual as a member of the Armed Forces. (Q) Any other data that a data broker sells, licenses, rents, trades, transfers, releases, discloses, provides access to, or otherwise makes available to a foreign adversary country , or entity that is controlled by a foreign adversary , for the purpose of identifying the types of data listed in subparagraphs (A) through (P). (8) Service provider The term “ service provider ” means an entity that— (A) collects, processes, or transfers data on behalf of, and at the direction of— (i) an individual or entity that is not a foreign adversary country or controlled by a foreign adversary ; or (ii) a Federal, State, Tribal, territorial, or local government entity; and (B) receives data from or on behalf of an individual or entity described in subparagraph (A)(i) or a Federal, State, Tribal, territorial, or local government entity. (9) United States individual The term “ United States individual ” means a natural person residing in the United States. (d) Effective date This section shall take effect on the date that is 60 days after April 24, 2024 . ( Pub. L. 118–50, div. I, § 2 , Apr. 24, 2024 , 138 Stat. 960 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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101926
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https://www.law.cornell.edu/uscode/text/54/101926#tab_default_1
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54 U.S. Code § 101926 - Regulations
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(a) In General.— The Secretary shall prescribe regulations appropriate for the implementation of this subchapter. (b) Contents.— The regulations— (1) shall include appropriate provisions to ensure that concession services and facilities to be provided in a System unit are not segmented or otherwise split into separate concession contracts for the purposes of seeking to reduce anticipated annual gross receipts of a concession contract below $500,000; and (2) shall further define the term “United States Indian, Alaskan Native, and Native Hawaiian handicrafts” for the purposes of this subchapter. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3151 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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5916
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https://www.law.cornell.edu/uscode/text/12/5916#tab_default_1
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12 U.S. Code § 5916 - Exception for foreign payment stablecoin issuers and reciprocity for payment stablecoins issued in overseas jurisdictions
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(a) In general The prohibitions under section 5902 of this title shall not apply to a foreign payment stablecoin issuer if all of the following apply: (1) The foreign payment stablecoin issuer is subject to regulation and supervision by a foreign payment stablecoin regulator of a foreign country, a territory of the United States, Puerto Rico , Guam, American Samoa, or the Virgin Islands that has a regulatory and supervisory regime with respect to payment stablecoins that the Secretary of the Treasury determines, pursuant to subsection (b), is comparable to the regulatory and supervisory regime established under this chapter, including, in particular, the requirements under section 5903(a) of this title . (2) The foreign payment stablecoin issuer is registered with the Comptroller pursuant to subsection (c). (3) The foreign payment stablecoin issuer holds reserves in a United States financial institution sufficient to meet liquidity demands of United States customers, unless otherwise permitted under a reciprocal arrangement established pursuant to subsection (d). (4) The foreign country in which the foreign payment stablecoin issuer is domiciled and regulated is not subject to comprehensive economic sanctions by the United States or in a jurisdiction that the Secretary of the Treasury has determined to be a jurisdiction of primary money laundering concern. (b) Treasury determination (1) In general The Secretary of the Treasury may make a determination as to whether a foreign country has a regulatory and supervisory regime that is comparable to the requirements established under this chapter, including the requirements under section 5903(a) of this title . The Secretary of the Treasury may make such a determination only upon a recommendation from each other member of the Stablecoin Certification Review Committee. Prior to such determination taking effect, the Secretary of the Treasury shall publish in the Federal Register a justification for such determination, including how the foreign country’s regulatory and supervisory regime is comparable to the requirements established under this chapter, including the requirements under section 5903(a) of this title . (2) Request A foreign payment stablecoin issuer or a foreign payment stablecoin regulator may request from the Secretary of the Treasury a determination under paragraph (1). (3) Timing for determination If a foreign payment stablecoin issuer or foreign payment stablecoin regulator requests a determination under paragraph (2), the Secretary of the Treasury shall render a decision on the determination not later than 210 days after the receipt of a substantially complete determination request. (4) Rescission of determination (A) In general The Secretary of the Treasury may, in consultation with the Federal payment stablecoin regulators, rescind a determination made under paragraph (1), if the Secretary determines that the regulatory regime of such foreign country is no longer comparable to the requirements established under this chapter. Prior to such rescission taking effect, the Secretary of the Treasury shall publish in the Federal Register a justification for the rescission. (B) Limited safe harbor If the Secretary of the Treasury rescinds a determination pursuant to subparagraph (A), a digital asset service provider shall have 90 days before the offer or sale of a payment stablecoin issued by the foreign payment stablecoin issuer that is the subject of the rescinded determination shall be in violation of section 5902 of this title . (5) Public notice The Secretary of the Treasury shall keep and make publicly available a current list of foreign countries for which a determination under paragraph (1) has been made. (6) Rulemaking Not later than 1 year after July 18, 2025 , the Secretary of the Treasury shall issue such rules as may be required to carry out this section. (c) Registration and ongoing monitoring (1) Registration (A) In general A foreign payment stablecoin issuer may offer or sell payment stablecoins using a digital asset service provider if the foreign payment stablecoin issuer is registered with the Comptroller. (B) Registration approval A registration of a foreign payment stablecoin issuer filed in accordance with this section shall be deemed approved on the date that is 30 days after the date the Comptroller receives the registration, unless the Comptroller notifies the foreign payment stablecoin issuer in writing that such registration has been rejected. (C) Standards for rejection In determining whether to reject a foreign payment stablecoin issuer ’s registration, the Comptroller shall consider [1] (i) the final determination of the Secretary of the Treasury under this section; (ii) the financial and managerial resources of the United States operations of the foreign payment stablecoin issuer ; (iii) whether the foreign payment stablecoin issuer will provide adequate information to the Comptroller as the Comptroller determines is necessary to determine compliance with this chapter; (iv) whether the foreign payment stablecoin presents a risk to the financial stability of the United States; and (v) whether the foreign payment stablecoin issuer presents illicit finance risks to the United States. (D) Procedure for appeal If the Comptroller rejects a registration, not later than 30 days after the date of receipt of such rejection, the foreign payment stablecoin issuer may appeal the rejection by notifying the Comptroller of the request to appeal. (E) Rulemaking Pursuant to section 5913 of this title , the Comptroller shall issue rules relating to the standards for approval of registration requests and the process for appealing denials of such registration requests. (F) Public notice The Comptroller shall keep and make publicly available a current list of foreign payment stablecoin issuer registrations that have been approved. (2) Ongoing monitoring A foreign payment stablecoin issuer shall 1 (A) be subject to reporting, supervision, and examination requirements as determined by the Comptroller ; and (B) consent to United States jurisdiction relating to the enforcement of this chapter. (3) Lack of compliance (A) Comptroller action The Comptroller may, in consultation with the Secretary of the Treasury, rescind approval of a registration of a foreign payment stablecoin issuer under this subsection if the Comptroller determines that the foreign payment stablecoin issuer is not in compliance with the requirements of this chapter, including for maintaining insufficient reserves or posing an illicit finance risk or financial stability risk. Prior to such rescission taking effect, the Comptroller shall publish in the Federal Register a justification for the rescission. (B) Secretary action The Secretary of the Treasury, in consultation with the Comptroller , may revoke a registration of a foreign payment stablecoin issuer under this subsection if the Secretary determines that reasonable grounds exist for concluding that the foreign payment stablecoin issuer presents economic sanctions evasion, money laundering, or other illicit finance risks, or, as applicable, violations, or facilitation thereof. (d) Reciprocity (1) In general The Secretary of the Treasury may create and implement reciprocal arrangements or other bilateral agreements between the United States and jurisdictions with payment stablecoin regulatory regimes that are comparable to the requirements established under this chapter. The Secretary of the Treasury shall consider whether the jurisdiction’s requirements for payment stablecoin issuers include 1 (A) similar requirements to those under section 5903(a) of this title ; (B) adequate anti- money laundering and counter-financing of terrorism program and sanction compliance standards; and (C) adequate supervisory and enforcement capacity to facilitate international transactions and interoperability with United States dollar-denominated payment stablecoins issued overseas. (2) Publication Not later than 90 days prior to the entry into force of any arrangement or agreement under paragraph (1), the Secretary of the Treasury shall publish the arrangement or agreement in the Federal Register. (3) Completion The Secretary of the Treasury should complete the arrangements under this subsection not later than the date that is 2 years after July 18, 2025 . ( Pub. L. 119–27, § 18 , July 18, 2025 , 139 Stat. 463 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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null
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5915
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https://www.law.cornell.edu/uscode/text/12/5915#tab_default_1
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12 U.S. Code § 5915 - Authority of banking institutions
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(a) Rule of construction Nothing in this chapter may be construed to limit the authority of a depository institution, Federal credit union, State credit union, national bank, or trust company to engage in activities permissible pursuant to applicable State and Federal law, including— (1) accepting or receiving deposits or shares (in the case of a credit union), and issuing digital assets that represent those deposits or shares; (2) utilizing a distributed ledger for the books and records of the entity and to effect intrabank transfers; and (3) providing custodial services for payment stablecoins , private keys of payment stablecoins , or reserves backing payment stablecoins . (b) Regulatory review Entities regulated by the primary Federal payment stablecoin regulators are authorized to engage in the payment stablecoin activities and investments contemplated by this chapter, including acting as a principal or agent with respect to any payment stablecoin and payment of fees to facilitate customer transactions. The primary Federal payment stablecoin regulators shall review all existing guidance and regulations, and if necessary, amend or promulgate new regulations and guidance, to clarify that regulated entities are authorized to engage in such activities and investments. (c) Treatment of custody activities The appropriate Federal banking agency , the National Credit Union Administration (in the case of a credit union), and the Securities and Exchange Commission may not require a depository institution, national bank, Federal credit union, State credit union, or trust company, or any affiliate thereof— (1) to include digital assets held in custody that are not owned by the entity as a liability on the financial statement or balance sheet of the entity, including payment stablecoin custody or safekeeping activities; or (2) to hold in custody or safekeeping regulatory capital against digital assets and reserves backing such assets described in section 5903(a)(1)(A) of this title , except as necessary to mitigate against operational risks inherent in custody or safekeeping services, as determined by— (A) the appropriate Federal banking agency ; (B) the National Credit Union Administration (in the case of a credit union); (C) a State bank supervisor; or (D) a State credit union supervisor. (d) State-chartered depository institutions (1) In general A depository institution chartered under the banking laws of a State , that has a subsidiary that is a permitted payment stablecoin issuer , may engage in the business of money transmission or provide custodial services through the permitted payment stablecoin issuer in any State if such State- chartered depository institution is— (A) required by the laws or regulations of the home State to establish and maintain adequate liquidity, and such liquidity is regularly reassessed by the home State banking supervisor to take into account any changes in the financial condition and risk profile of the institution, including any uninsured deposits maintained by such institution; and (B) required by the laws or regulations of the home State to establish and maintain adequate capital, and such capital is regularly reassessed by the home State banking supervisor to take into account any changes in the financial condition and risk profile of the institution, including any uninsured deposits maintained by such institution. (2) Rule of construction Nothing in this section shall limit, or be construed to limit, the authority of a host State bank regulator, to perform examinations of a depository institution’s subsidiary permitted payment stablecoin issuer or activities conducted through the permitted payment stablecoin issuer to ensure compliance with host State consumer protection laws that the host State bank regulator has specific jurisdiction to enforce, which shall apply to such institution consistent with section 5906(f) of this title . (e) Definitions In this section: (1) Home State The term “ home State ” means the State by which the depository institution is chartered. (2) Host State The term “ host State ” means a State in which a depository institution establishes a branch, solicits customers, or otherwise engages in business activities, other than the home State. ( Pub. L. 119–27, § 16 , July 18, 2025 , 139 Stat. 461 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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null
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5914
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https://www.law.cornell.edu/uscode/text/12/5914#tab_default_1
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12 U.S. Code § 5914 - Reports
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(a) Annual reporting requirement Beginning on the date that is 1 year after July 18, 2025 , and annually thereafter, the primary Federal payment stablecoin regulators, in consultation with State payment stablecoin regulators, as necessary, shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate , the Committee on Financial Services of the House of Representatives , and the Director of the Office of Financial Research a report, which may include a classified annex, if applicable, on the status of the payment stablecoin industry, including— (1) a summary of trends in payment stablecoin activities; (2) a summary of the number of applications for approval as a permitted payment stablecoin issuer under section 5904 of this title , including aggregate approvals and rejections of applications; and (3) a description of the potential financial stability risks posed to the safety and soundness of the broader financial system by payment stablecoin activities. (b) FSOC report The Financial Stability Oversight Council shall incorporate the findings in the report under subsection (a) into the annual report of the Council required under section 5322(a)(2)(N) of this title . ( Pub. L. 119–27, § 15 , July 18, 2025 , 139 Stat. 460 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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null
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5913
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https://www.law.cornell.edu/uscode/text/12/5913#tab_default_1
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12 U.S. Code § 5913 - Rulemaking
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(a) In general Not later than 1 year after July 18, 2025 , each primary Federal payment stablecoin regulator, the Secretary of the Treasury, and each State payment stablecoin regulator shall promulgate regulations to carry out this chapter through appropriate notice and comment rulemaking. (b) Coordination Federal payment stablecoin regulators, the Secretary of the Treasury, and State payment stablecoin regulators should coordinate, as appropriate, on the issuance of any regulations to implement this chapter. (c) Report required Not later than 180 days after the effective date of this chapter, each Federal banking agency shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that confirms and describes the regulations promulgated to carry out this chapter. ( Pub. L. 119–27, § 13 , July 18, 2025 , 139 Stat. 459 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8531
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https://www.law.cornell.edu/uscode/text/16/8531#tab_default_1
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16 U.S. Code § 8531 - Definitions
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In this subchapter: (1) Commercial use authorization The term “ commercial use authorization ” means a commercial use authorization to provide services to visitors to units of the National Park System under subchapter II of chapter 1019 of title 54. (2) Multijurisdictional trip The term “ multijurisdictional trip ” means a trip that— (A) uses 2 or more units of Federal recreational lands and waters ; and (B) is under the jurisdiction of 2 or more Federal land management agencies. (3) Recreation service provider The term “ recreation service provider ” has the meaning given the term in section 6801 of this title (as amended by section 311). (4) Special recreation permit The term “ special recreation permit ” has the meaning given the term in section 6801 of this title (as amended by section 311). (5) Visitor-use day The term “ visitor-use day ” means a visitor-use day , user day, launch, or other metric used by the Secretary concerned for purposes of authorizing use under a special recreation permit . ( Pub. L. 118–234, title III, § 301 , Jan. 4, 2025 , 138 Stat. 2891 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-II
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8471
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https://www.law.cornell.edu/uscode/text/16/8471#tab_default_1
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16 U.S. Code § 8471 - Definitions
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In this subchapter: (1) Accessible trail The term “ accessible trail ” means a trail that meets the requirements for a trail under the Architectural Barriers Act accessibility guidelines . (2) Architectural Barriers Act accessibility guidelines The term “ Architectural Barriers Act accessibility guidelines ” means the accessibility guidelines set forth in appendices C and D to part 1191 of title 36, Code of Federal Regulations (or successor regulations). (3) Assistive technology The term “ assistive technology ” means any item, piece of equipment, or product system, whether acquired commercially, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities, particularly with participating in outdoor recreation activities. (4) Gold Star Family member The term “ Gold Star Family member ” means an individual described in section 3.3 of Department of Defense Instruction 1348.36. (5) Outdoor constructed feature The term “ outdoor constructed feature ” has the meaning given such term in appendix C to part 1191 of title 36, Code of Federal Regulations (or successor regulations). (6) Veterans organization The term “ veterans organization ” means a service provider with outdoor recreation experience that serves members of the Armed Forces, veterans, or Gold Star Family members . ( Pub. L. 118–234, title II, § 201 , Jan. 4, 2025 , 138 Stat. 2880 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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part-C
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-C
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8574
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https://www.law.cornell.edu/uscode/text/16/8574#tab_default_1
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16 U.S. Code § 8574 - Savings provision
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No additional Federal funds are authorized to carry out the requirements of this Act and the activities authorized by this Act are subject to the availability of appropriations made in advance for such purposes. ( Pub. L. 118–234, title III, § 355 , Jan. 4, 2025 , 138 Stat. 2917 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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part-C
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-C
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8573
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https://www.law.cornell.edu/uscode/text/16/8573#tab_default_1
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16 U.S. Code § 8573 - Interagency report on special recreation permits for underserved communities
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(a) Covered community defined In this section, the term “ covered community ” means a rural or urban community, including an Indian Tribe, that is— (1) low-income or underserved; and (2) has been underrepresented in outdoor recreation opportunities on Federal recreational lands and waters . (b) Report Not later than 3 years after January 4, 2025 , the Secretaries, acting jointly, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the estimated use of special recreation permits serving covered communities; (2) examples of special recreation permits , partnerships, cooperative agreements, or other arrangements providing access to Federal recreational lands and waters for covered communities; (3) other ways covered communities are engaging on Federal recreational lands and waters , including through stewardship and conservation projects or activities; (4) any barriers for existing or prospective recreation service providers and holders of commercial use authorizations operating within or serving a covered community ; and (5) any recommendations to facilitate and increase permitted access to Federal recreational lands and waters for covered communities. ( Pub. L. 118–234, title III, § 353 , Jan. 4, 2025 , 138 Stat. 2917 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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part-E
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-E
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8464
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https://www.law.cornell.edu/uscode/text/16/8464#tab_default_1
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16 U.S. Code § 8464 - Outdoor Recreation Legacy Partnership Program
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(a) Definitions In this section: (1) Eligible entity The term “ eligible entity ” means an entity or combination of entities that represents or otherwise serves a qualifying area . (2) Eligible nonprofit organization The term “ eligible nonprofit organization ” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (3) Entity The term “ entity ” means— (A) a State ; (B) a political subdivision of a State , including— (i) a city; (ii) a county; or (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe , urban Indian organization, or Alaska Native or Native Hawaiian community or organization. (4) Low-income community The term “ low-income community ” has the same meaning given that term in 26 U.S.C. 45D(e)(1) . [1] (5) Outdoor Recreation Legacy Partnership Program The term “ Outdoor Recreation Legacy Partnership Program ” means the program codified under subsection (b)(1). (6) Qualifying area The term “ qualifying area ” means— (A) an urbanized area or urban cluster that has a population of 25,000 or more in the most recent census; (B) 2 or more adjacent urban clusters with a combined population of 25,000 or more in the most recent census; or (C) an area administered by an Indian Tribe or an Alaska Native or Native Hawaiian community organization. (b) Grants authorized (1) Codification of program (A) In general There is established an existing program, to be known as the “ Outdoor Recreation Legacy Partnership Program ”, under which the Secretary may award grants to eligible entities for projects— (i) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas ; and (ii) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas . (B) Priority In awarding grants to eligible entities under subparagraph (A), the Secretary shall give priority to projects that— (i) create or significantly enhance access to park and recreational opportunities in a qualifying area ; (ii) engage and empower low-income communities and youth; (iii) provide employment or job training opportunities for youth or low-income communities; (iv) establish or expand public-private partnerships, with a focus on leveraging resources; and (v) take advantage of coordination among various levels of government. (2) Matching requirement (A) In general As a condition of receiving a grant under paragraph (1), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (B) Administrative expenses Not more than 7 percent of funds provided to an eligible entity under a grant awarded under paragraph (1) may be used for administrative expenses. (3) Considerations In awarding grants to eligible entities under paragraph (1), the Secretary shall consider the extent to which a project would— (A) provide recreation opportunities in low-income communities in which access to parks is not adequate to meet local needs; (B) provide opportunities for outdoor recreation and public land volunteerism; (C) support innovative or cost-effective ways to enhance parks and other recreation— (i) opportunities; or (ii) delivery of services; (D) support park and recreation programming provided by local governments, including cooperative agreements with community-based eligible nonprofit organizations ; (E) develop Native American event sites and cultural gathering spaces; (F) provide benefits such as community resilience, reduction of urban heat islands, enhanced water or air quality, or habitat for fish or wildlife; and (G) facilitate any combination of purposes listed in subparagraphs (A) through (F). (4) Eligible uses (A) In general Subject to subparagraph (B), an eligible entity may use a grant awarded under paragraph (1) for a project described in subparagraph (A) or (B) of that paragraph. (B) Limitations on use An eligible entity may not use grant funds for— (i) incidental costs related to land acquisition, including appraisal and titling; (ii) operation and maintenance activities; (iii) facilities that support semiprofessional or professional athletics; (iv) indoor facilities, such as recreation centers or facilities that support primarily nonoutdoor purposes; or (v) acquisition of land or interests in land that restrict public access. (C) Conversion to other than public outdoor recreation use (i) In general No property acquired or developed with assistance under this section shall, without the approval of the Secretary , be converted to other than public outdoor recreation use. (ii) Condition for approval The Secretary shall approve a conversion only if the Secretary finds it to be in accordance with the then-existing comprehensive Statewide outdoor recreation plan and only on such conditions as the Secretary considers necessary to ensure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. (iii) Wetland areas and interests therein Wetland areas and interests therein as identified in the wetlands provisions of the comprehensive plan and proposed to be acquired as suitable replacement property within the same State that is otherwise acceptable to the Secretary , acting through the Director of the National Park Service , shall be deemed to be of reasonably equivalent usefulness with the property proposed for conversion. (c) Review and evaluation requirements In carrying out the Outdoor Recreation Legacy Partnership Program , the Secretary shall— (1) conduct an initial screening and technical review of applications received; (2) evaluate and score all qualifying applications; and (3) provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on— (A) the opportunity to apply for grants under this section; (B) the application procedures by which eligible entities may apply for grants under this section; and (C) eligible uses for grants under this section. (d) Reporting (1) Annual reports Not later than 30 days after the last day of each report period, each State -lead agency that receives a grant under this section shall annually submit to the Secretary performance and financial reports that— (A) summarize project activities conducted during the report period; and (B) provide the status of the project. (2) Final reports Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State -lead agency that receives a grant under this section shall submit to the Secretary a final report containing such information as the Secretary may require. ( Pub. L. 118–234, title I, § 156 , Jan. 4, 2025 , 138 Stat. 2876 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-D
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-D
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8453
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https://www.law.cornell.edu/uscode/text/16/8453#tab_default_1
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16 U.S. Code § 8453 - Public lands telecommunications cooperative agreements
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(a) Cooperative agreements for the Department of the Interior The Secretary may enter into cooperative agreements to carry out activities related to communications sites on lands managed by Federal land management agencies, including— (1) administering communications use authorizations; (2) preparing needs assessments or other programmatic analyses necessary to establish communications sites and authorize communications uses on or adjacent to Federal recreational lands and waters managed by a Federal land management agency; (3) developing management plans for communications sites on or adjacent to Federal recreational lands and waters managed by a Federal land management agency on a competitively neutral, technology neutral, nondiscriminatory basis; (4) training for management of communications sites on or adjacent to Federal recreational lands and waters managed by a Federal land management agency; (5) obtaining, improving access to, or establishing communications sites on or adjacent to Federal recreational lands and waters managed by a Federal land management agency; and (6) any combination of purposes described in subparagraphs [1] (1) through (5). (b) Omitted (c) Assessment of rental fee retention authority Not later than 1 year after January 4, 2025 , the Secretary shall conduct a comprehensive assessment to evaluate the potential benefits of rental fee retention whereby any fee collected for the occupancy and use of Federal lands and waters authorized by a communications use authorization would be deposited into a special account and used solely for activities related to communications sites on lands and waters managed by the Secretary. ( Pub. L. 118–234, title I, § 143 , Jan. 4, 2025 , 138 Stat. 2865 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-C
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-C
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8443
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https://www.law.cornell.edu/uscode/text/16/8443#tab_default_1
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16 U.S. Code § 8443 - Monitoring for improved recreation decision making
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(a) In general The Secretaries shall seek to capture comprehensive recreation use data to better understand and inform decision making by the Secretaries . (b) Pilot protocols Not later than 1 year after January 4, 2025 , and after public notice and comment, the Secretaries shall establish pilot protocols at not fewer than 10 land management units under the jurisdiction of each of the Secretaries to model recreation use patterns (including low-use recreation activities and dispersed recreation activities) that may not be effectively measured by existing general and opportunistic survey and monitoring protocols. (c) Secretaries defined In this section, the term “ Secretaries ” means— (1) the Secretary , with respect to lands under the jurisdiction of the Secretary ; (2) the Secretary of Agriculture, acting through the Chief of the Forest Service , with respect to lands under the jurisdiction of the Forest Service ; (3) 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 (4) 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, § 133 , Jan. 4, 2025 , 138 Stat. 2862 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-B
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-B
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8426
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https://www.law.cornell.edu/uscode/text/16/8426#tab_default_1
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16 U.S. Code § 8426 - Aquatic resource activities assistance
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(a) Definitions In this section: (1) Aquatic Nuisance Species Task Force The term “ Aquatic Nuisance Species Task Force ” means the Aquatic Nuisance Species Task Force established by section 4721(a) of this title . (2) Decontamination The term “ decontamination ” means actions to remove aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems. (3) Federal land and water The term “ Federal land and water ” means Federal land and water operated and maintained by the Bureau of Land Management , the U.S. Fish and Wildlife Service, the Bureau of Reclamation , the Forest Service , or the National Park Service , as applicable. (4) Indian Tribe The term “ Indian Tribe ” has the meaning given such term in section 5304 of title 25 . (5) Inspection The term “ inspection ” means actions to find aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems. (6) Partner The term “ partner ” means— (A) a Reclamation State ; (B) an Indian Tribe in a Reclamation State ; (C) an applicable nonprofit organization in a Reclamation State ; (D) a unit of local government in a Reclamation State ; or (E) a private entity. (7) Reclamation State The term “ Reclamation State ” includes any of the following States: (A) Alaska. (B) Arizona. (C) California. (D) Colorado. (E) Idaho. (F) Kansas. (G) Montana. (H) Nebraska. (I) Nevada. (J) New Mexico. (K) North Dakota. (L) Oklahoma. (M) Oregon. (N) South Dakota. (O) Texas. (P) Utah. (Q) Washington. (R) Wyoming. (8) Reclamation project The term “reclamation [1] project” has the meaning given such term in section 460l–32(3) of this title . (9) Secretaries The term “ Secretaries ” means each of the following: (A) The Secretary , acting through the Director of the Bureau of Land Management , the Commissioner of Reclamation, and the Director of the National Park Service . (B) The Secretary of Agriculture, acting through the Chief of the Forest Service . (10) Vessel The term “ vessel ” means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water. (b) Authority of Bureau of Land Management , Bureau of Reclamation , National Park Service , and Forest Service with respect to certain aquatic resource activities on Federal land and waters (1) In general The head of each Federal land management agency is authorized to carry out inspections and decontamination of vessels entering or leaving Federal land and waters under the jurisdiction of the respective Federal land management agency. (2) Requirements The Secretaries shall— (A) in carrying out an inspection and decontamination under paragraph (1), coordinate with 1 or more partners; (B) consult with the Aquatic Nuisance Species Task Force to identify potential improvements and efficiencies in the detection and management of aquatic nuisance species on Federal land and water; and (C) to the maximum extent practicable, inspect and decontaminate vessels in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated vessels . (3) Partnerships The Secretaries may enter into a partnership to lead, collaborate with, or provide technical assistance to a partner— (A) to carry out an inspection or decontamination of vessels; or (B) to establish an inspection and decontamination station for vessels. (4) Limitation The Secretaries shall not prohibit access to vessels due solely to the absence of a Federal, State, or partner’ s inspection program or station. (5) Exceptions (A) Authority to regulate vessels Nothing in this section shall be construed to limit the authority of the Commandant of the Coast Guard to regulate vessels provided under any other provision of law. (B) Applicability Authorities granted in this subsection shall not apply at locations where inspection or decontamination activities would duplicate efforts by the Coast Guard . (6) Data sharing The Secretaries shall make available to a Reclamation State any relevant data gathered related to inspections or decontaminations carried out under this subsection in such State. (c) Grant program for Reclamation States for vessel inspection and decontamination stations (1) Vessels inspections in Reclamation States Subject to the availability of appropriations, the Secretary , acting through the Commissioner of Reclamation, shall establish a competitive grant program to provide financial assistance to partners to conduct inspections and decontamination of vessels operating in Reclamation projects, including to purchase, establish, operate, or maintain a vessel inspection and decontamination station. (2) Cost share The Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent. (3) Standards Before awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible. (4) Coordination In carrying out this subsection, the Secretary shall coordinate with— (A) each of the Reclamation States ; (B) affected Indian Tribes ; and (C) the Aquatic Nuisance Species Task Force . ( Pub. L. 118–234, title I, § 128 , Jan. 4, 2025 , 138 Stat. 2856 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-A
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8413
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https://www.law.cornell.edu/uscode/text/16/8413#tab_default_1
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16 U.S. Code § 8413 - Recreation budget crosscut
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Not later than 30 days after the end of each fiscal year, beginning with fiscal year 2025, the Director of the Office of Management and Budget shall submit to Congress and make public online a report that describes and itemizes the total amount of funding relating to outdoor recreation that was obligated in the preceding fiscal year in accounts in the Treasury for the Department of the Interior and the Department of Agriculture . ( Pub. L. 118–234, title I, § 114 , Jan. 4, 2025 , 138 Stat. 2841 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-C
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-C
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-II
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8521
|
https://www.law.cornell.edu/uscode/text/16/8521#tab_default_1
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16 U.S. Code § 8521 - Increasing youth recreation visits to Federal land
|
(a) Strategy Not later than 2 years after January 4, 2025 , the Secretaries, acting jointly, shall develop and make public a strategy to increase the number of youth recreation visits to Federal recreational lands and waters. (b) Requirements A strategy developed under subsection (a)— (1) shall— (A) emphasize increased recreation opportunities on Federal recreational lands and waters for underserved youth; (B) establish objectives and quantifiable targets for increasing youth recreation visits; and (C) provide the anticipated costs to achieve the objectives and meet the targets established under subparagraph (B); and (2) shall not establish any preference between similar recreation facilitated by noncommercial or commercial entities. (c) Update to strategy Not later than 5 years after the date of the publication of the strategy required under subsection (a), and every 5 years thereafter, the Secretaries shall update the strategy and make public the update. (d) Agreements The Secretaries may enter into contracts or cost-share agreements (including contracts or agreements for the acquisition of vehicles) to carry out this section. ( Pub. L. 118–234, title II, § 231 , Jan. 4, 2025 , 138 Stat. 2890 .)
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16
|
https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-B
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-B
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null
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null
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null
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null
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null
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null
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chapter-103
|
https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-II
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8505
|
https://www.law.cornell.edu/uscode/text/16/8505#tab_default_1
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16 U.S. Code § 8505 - Career and volunteer opportunities for veterans
|
(a) Veteran hiring The Secretaries are strongly encouraged to hire veterans in all positions related to the management of Federal recreational lands and waters . (b) Pilot program (1) Establishment The Secretary , in consultation with the Assistant Secretary of Labor for Veterans’ Employment and Training and the Secretary of Veterans Affairs , shall establish a pilot program under which veterans are employed by the Federal Government in positions that relate to the conservation and resource management activities of the Department of the Interior . (2) Positions The Secretary shall— (A) identify vacant positions in the Department of the Interior that are appropriate to fill using the pilot program; and (B) to the extent practicable, fill such positions using the pilot program. (3) Application of civil service laws A veteran employed under the pilot program shall be treated as an employee as defined by section 2105 of title 5 . (4) Briefings and report (A) Initial briefing Not later than 60 days after January 4, 2025 , the Secretary and the Assistant Secretary of Labor for Veterans’ Employment and Training shall jointly provide to the appropriate congressional committees a briefing on the pilot program under this subsection, which shall include— (i) a description of how the pilot program will be carried out in a manner to reduce the unemployment of veterans; and (ii) any recommendations for legislative actions to improve the pilot program. (B) Implementation briefing Not later than 1 year after the date on which the pilot program under subsection (a) [1] commences, the Secretary and the Assistant Secretary of Labor for Veterans’ Employment and Training shall jointly provide to the appropriate congressional committees a briefing on the implementation of the pilot program. (C) Final report Not later than 30 days after the date on which the pilot program under subsection (a) 1 terminates under paragraph (5), the Secretary and the Assistant Secretary of Labor for Veterans’ Employment and Training shall jointly submit to the appropriate congressional committees a report on the pilot program that includes the following: (i) The number of veterans who applied to participate in the pilot program. (ii) The number of such veterans employed under the pilot program. (iii) The number of veterans identified in clause (ii) who transitioned to full-time positions with the Federal Government after participating in the pilot program. (iv) Any other information the Secretary and the Assistant Secretary of Labor for Veterans’ Employment and Training determine appropriate with respect to measuring the effectiveness of the pilot program. (5) Duration The authority to carry out the pilot program under this subsection shall terminate on the date that is 2 years after the date on which the pilot program commences. (c) Appropriate congressional committees defined In this section, the term “ appropriate congressional committees ” means— (1) the Committee on Veterans’ Affairs and the Committee on Natural Resources of the House of Representatives ; and (2) the Committee on Veterans’ Affairs and the Committee on Energy and Natural Resources of the Senate . (d) Outdoor recreation program attendance Each Secretary of a military department is encouraged to allow members of the Armed Forces on active duty status to participate in programs related to environmental stewardship or guided outdoor recreation. ( Pub. L. 118–234, title II, § 226 , Jan. 4, 2025 , 138 Stat. 2889 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-B
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-B
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null
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null
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null
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null
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null
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null
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chapter-103
|
https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-II
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8504
|
https://www.law.cornell.edu/uscode/text/16/8504#tab_default_1
|
16 U.S. Code § 8504 - National strategy for military and veteran recreation
|
(a) Strategy Not later than 1 year after January 4, 2025 , the Federal Interagency Council on Outdoor Recreation established under section 113 [1] shall develop and make public a strategy to increase visits to Federal recreational lands and waters by members of the Armed Forces, veterans, and Gold Star Family members. (b) Requirements A strategy developed under subsection (a)— (1) shall— (A) establish objectives and quantifiable targets for increasing visits to Federal recreational lands and waters by members of the Armed Forces, veterans, and Gold Star Family members ; (B) include an opportunity for public notice and comment; (C) emphasize increased recreation opportunities on Federal recreational lands and waters for members of the Armed Forces, veterans, and Gold Star Family members ; and (D) provide the anticipated costs to achieve the objectives and meet the targets established under subparagraph (A); and (2) shall not establish any preference between similar recreation facilitated by noncommercial or commercial entities. (c) Update to strategy Not later than 5 years after the date of the publication of the strategy required under subsection (a), and every 5 years thereafter, the Federal Interagency Council on Outdoor Recreation shall update the strategy and make public the update. ( Pub. L. 118–234, title II, § 224 , Jan. 4, 2025 , 138 Stat. 2888 .)
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16
|
https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-B
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-B
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null
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null
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null
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null
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null
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null
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chapter-103
|
https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-II
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8503
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https://www.law.cornell.edu/uscode/text/16/8503#tab_default_1
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16 U.S. Code § 8503 - Partnerships to promote military and veteran recreation
|
(a) In general The Secretary concerned shall seek to enter into partnerships or agreements with State, Tribal, local, or private entities with expertise in outdoor recreation, volunteer, accessibility, and health and wellness programs for members of the Armed Forces or veterans. (b) Partnerships As part of a partnership or agreement entered into under subsection (a), the Secretary concerned may host events on Federal recreational lands and waters designed to promote outdoor recreation among members of the Armed Forces and veterans. (c) Financial and technical assistance Under a partnership or agreement entered into pursuant to subsection (a), the Secretary concerned may provide financial or technical assistance to the entity with which the respective Secretary concerned has entered into the partnership or agreement to assist with— (1) the planning, development, and execution of events, activities, or programs designed to promote outdoor recreation for members of the Armed Forces or veterans; or (2) the acquisition of assistive technology to facilitate improved outdoor recreation opportunities for members of the Armed Forces or veterans. ( Pub. L. 118–234, title II, § 223 , Jan. 4, 2025 , 138 Stat. 2887 .)
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16
|
https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-B
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-B
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-II
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8502
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https://www.law.cornell.edu/uscode/text/16/8502#tab_default_1
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16 U.S. Code § 8502 - Military Veterans Outdoor Recreation Liaisons
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(a) In general Not later than 1 year after January 4, 2025 , the Secretaries and the Secretary of Veterans Affairs shall each establish within their Departments the position of Military Veterans Outdoor Recreation Liaison. (b) Duties The Military Veterans Outdoor Recreation Liaison shall— (1) coordinate the implementation of this part; (2) implement recommendations identified by the Task Force on Outdoor Recreation for Veterans established under section 203 of the Veterans Comprehensive Prevention, Access to Care, and Treatment Act of 2020 ( Public Law 116–214 ), including recommendations related to— (A) identifying new opportunities to formalize coordination between the Department of Veterans Affairs , Department of Agriculture , Department of the Interior , and partner organizations regarding the use of Federal recreational lands and waters for facilitating health and wellness for veterans; (B) addressing identified barriers that exist to providing veterans with opportunities to augment the delivery of services for health and wellness through the use of outdoor recreation on Federal recreational lands and waters ; and (C) facilitating the use of Federal recreational lands and waters for promoting wellness and facilitating the delivery of health care and therapeutic interventions for veterans; (3) coordinate with Military Veterans Outdoor Recreation Liaisons at other Federal agencies and veterans organizations ; and (4) promote outdoor recreation experiences for veterans on Federal recreational lands and waters through new and innovative approaches. ( Pub. L. 118–234, title II, § 222 , Jan. 4, 2025 , 138 Stat. 2887 .)
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16
|
https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-B
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-B
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null
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null
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null
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null
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null
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null
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chapter-103
|
https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-II
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
|
8501
|
https://www.law.cornell.edu/uscode/text/16/8501#tab_default_1
|
16 U.S. Code § 8501 - Promotion of outdoor recreation for military servicemembers and veterans
|
Not later than 2 years after January 4, 2025 , the Secretary concerned, in coordination with the Secretary of Veterans Affairs and the Secretary of Defense , shall develop educational and public awareness materials to disseminate to members of the Armed Forces and veterans, including through preseparation counseling of the Transition Assistance Program under chapter [1] 1142 of title 10, on— (1) opportunities for members of the Armed Forces and veterans to access Federal recreational lands and waters free of charge under section 6804 of this title ; (2) the availability and location of accessible trails , including new accessible trails developed and completed under section 8484 of this title ; (3) the availability and location of accessible recreation opportunities, including new accessible recreation opportunities developed and completed under section 8485 of this title ; (4) access to, and assistance with, assistive technology ; (5) outdoor-related volunteer and wellness programs; (6) the benefits of outdoor recreation for physical and mental health; (7) resources to access guided outdoor trips and other outdoor programs connected to the Department of Defense , the Department of Veterans Affairs , the Department of the Interior , or the Department of Agriculture ; and (8) programs and jobs focused on continuing national service such as Public Land Corps, AmeriCorps, and conservation corps programs. ( Pub. L. 118–234, title II, § 221 , Jan. 4, 2025 , 138 Stat. 2886 .)
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16
|
https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-A
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-A
|
null
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null
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null
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null
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null
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null
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chapter-103
|
https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-I
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
|
8412
|
https://www.law.cornell.edu/uscode/text/16/8412#tab_default_1
|
16 U.S. Code § 8412 - Identifying opportunities for recreation
|
(a) Inventory and assessments (1) In general The Secretary concerned shall— (A) conduct an inventory and assessment of recreation resources for Federal recreational lands and waters ; (B) develop the inventory and assessment with support from public comment; and (C) update the inventory and assessment as the Secretary concerned determines appropriate. (2) Unique recreation values An inventory and assessment conducted under paragraph (1) shall— (A) recognize— (i) any unique recreation values and recreation opportunities; and (ii) areas of concentrated recreational use; and (B) identify, list, and map recreation resources by— (i) type of recreation opportunity and type of natural or artificial recreation infrastructure; (ii) to the extent available, the level of use of the recreation resource as of the date of the inventory; and (iii) identifying, to the extent practicable, any trend relating to recreation opportunities or use at a recreation resource identified under subparagraph (A). (3) Assessments For any recreation resource inventoried under paragraph (1), the Secretary concerned shall assess— (A) the maintenance needs of, and expenses necessary to administer, the recreation resource; (B) the suitability for developing, expanding, or enhancing the recreation resource; and (C) the adequacy of the current management of the recreation resource. (b) Existing efforts To the extent practicable, the Secretary concerned shall use or incorporate existing applicable research and planning decisions and processes in carrying out this section. (c) Omitted ( Pub. L. 118–234, title I, § 112 , Jan. 4, 2025 , 138 Stat. 2838 .)
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16
|
https://www.law.cornell.edu/uscode/text/16
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null
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null
|
part-A
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-A
|
null
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null
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null
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null
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null
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null
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chapter-103
|
https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-I
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
|
8411
|
https://www.law.cornell.edu/uscode/text/16/8411#tab_default_1
|
16 U.S. Code § 8411 - Congressional declaration of policy
|
Congress declares that it is the policy of the Federal Government to foster and encourage recreation on Federal recreational lands and waters, to the extent consistent with the laws applicable to specific areas of Federal recreational lands and waters, including multiple-use mandates and land management planning requirements. ( Pub. L. 118–234, title I, § 111 , Jan. 4, 2025 , 138 Stat. 2838 .)
|
16
|
https://www.law.cornell.edu/uscode/text/16
|
null
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null
|
part-B
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-B
|
null
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null
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null
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null
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null
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null
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chapter-103
|
https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-I
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
|
8425
|
https://www.law.cornell.edu/uscode/text/16/8425#tab_default_1
|
16 U.S. Code § 8425 - Motorized and nonmotorized access
|
(a) In general The Secretary concerned shall seek to have, not later than 5 years after January 4, 2025 , in a printed and publicly available format that is compliant with the format for geographic information systems— (1) for each district administered by the Director of the Bureau of Land Management , a ground transportation linear feature map authorized for public use or administrative use; and (2) for each unit of the National Forest System, a motor vehicle use map, in accordance with existing law. (b) Over-snow vehicle-use maps The Secretary concerned shall seek to have, not later than 10 years after January 4, 2025 , in a printed and publicly available format that is compliant with the format for geographic information systems, an over-snow vehicle-use map for each unit of Federal recreational lands and waters administered by the Chief of the Forest Service or Director of the Bureau of Land Management on which over-snow vehicle-use occurs, in accordance with existing law. (c) Out-of-date maps Not later than 20 years after the date on which the Secretary concerned adopted or reviewed, through public notice and comment, a map described in subsection (a) or (b), the Secretary concerned shall seek to review, through public notice and comment, and update, as necessary, the applicable map. (d) Motorized and nonmotorized access The Secretaries shall seek to create additional opportunities, as appropriate, and in accordance with existing law, for motorized and nonmotorized access and opportunities on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management . (e) Savings clause Nothing in this section prohibits a lawful use, including authorized motorized or nonmotorized uses, on Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management , if the Secretary concerned fails to meet a timeline established under this section. ( Pub. L. 118–234, title I, § 127 , Jan. 4, 2025 , 138 Stat. 2855 .)
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16
|
https://www.law.cornell.edu/uscode/text/16
|
null
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null
|
part-B
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-B
|
null
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null
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null
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null
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null
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null
|
chapter-103
|
https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-I
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
|
8424
|
https://www.law.cornell.edu/uscode/text/16/8424#tab_default_1
|
16 U.S. Code § 8424 - Restoration of overnight campsites
|
(a) Definitions In this section: (1) Recreation Area The term “ Recreation Area ” means the recreation area and grounds associated with the recreation area on the map entitled “Ouachita National Forest Camping Restoration” and dated November 30, 2023 , on file with the Forest Service . (2) Secretary The term “ Secretary ” means the Secretary of Agriculture. (b) In general The Secretary shall— (1) not later than 6 months after January 4, 2025 , identify 54 areas within the Recreation Area that may be suitable for overnight camping; and (2) not later than 2 years after January 4, 2025 — (A) review each area identified under paragraph (1); and (B) from the areas so identified, select and establish at least 27 campsites and related facilities within the Recreation Area for public use. (c) Requirements related to campsites and related facilities The Secretary shall— (1) ensure that at least 27 campsites are available under subsection (b), of which not less than 8 shall have electric and water hookups; and (2) ensure that each campsite and related facility identified or established under subsection (b) is located outside of the 1 percent annual exceedance probability flood elevation. (d) Reopening of certain sites Not later than 30 days after January 4, 2025 , the Secretary shall open each campsite within the Recreation Area that— (1) exists on January 4, 2025 ; (2) is located outside of the 1 percent annual exceedance probability flood elevation; (3) was in operation on June 1, 2010 ; and (4) would not interfere with any current (as of January 4, 2025 ) day use areas. (e) Day use areas Not later than 1 year after January 4, 2025 , the Secretary shall take such actions as are necessary to rehabilitate and make publicly accessible the areas in the Recreation Area identified for year-round day use, including the following: (1) Loop A. (2) Loop B. (3) The covered, large-group picnic pavilion in Loop D. (4) The parking lot in Loop D. ( Pub. L. 118–234, title I, § 124 , Jan. 4, 2025 , 138 Stat. 2846 .)
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16
|
https://www.law.cornell.edu/uscode/text/16
|
null
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null
|
part-B
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-B
|
null
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null
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null
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null
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null
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null
|
chapter-103
|
https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-I
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
|
8423
|
https://www.law.cornell.edu/uscode/text/16/8423#tab_default_1
|
16 U.S. Code § 8423 - Range access
|
(a) Definition of target shooting range In this section, the term “ target shooting range ” means a developed and managed area that is authorized or operated by the Forest Service , a concessioner of the Forest Service , or the Bureau of Land Management (or their lessee) specifically for the purposeful discharge by the public of legal firearms, firearms training, archery, or other associated activities. (b) Assessment; identification of target shooting range locations (1) Assessment Not later than 1 year after January 4, 2025 , the Secretary concerned shall make available to the public a list that— (A) identifies each National Forest and each Bureau of Land Management district that has a target shooting range that meets the requirements described in paragraph (3)(B); (B) identifies each National Forest and each Bureau of Land Management district that does not have a target shooting range that meets the requirements described in paragraph (3)(B); and (C) for each National Forest and each Bureau of Land Management district identified under subparagraph (B), provides a determination of whether applicable law or the applicable land use plan prevents the establishment of a target shooting range that meets the requirements described in paragraph (3)(B). (2) Identification of target shooting range locations (A) In general The Secretary concerned shall identify at least 1 suitable location for a target shooting range that meets the requirements described in paragraph (3)(B) within each National Forest and each Bureau of Land Management district with respect to which the Secretary concerned has determined under paragraph (1)(C) that the establishment of a target shooting range is not prevented by applicable law or the applicable land use plan. (B) Requirements The Secretaries , in consultation with the entities described in subsection (d), shall, for purposes of identifying a suitable location for a target shooting range under subparagraph (A)— (i) consider the proximity of areas frequently used by recreational shooters; (ii) ensure that the target shooting range would not adversely impact a shooting range operated on non-Federal land; and (iii) consider other nearby recreational uses, including proximity to units of the National Park System, to minimize potential conflict and prioritize visitor safety. (3) Establishment of new target shooting ranges (A) In general Not later than 5 years after January 4, 2025 , at 1 or more suitable locations identified on each eligible National Forest and Bureau of Land Management district under paragraph (2)(A), the Secretary concerned shall— (i) subject to the availability of appropriations for such purpose, construct a target shooting range that meets the requirements described in subparagraph (B) or modify an existing target shooting range to meet the requirements described in subparagraph (B); or (ii) enter into an agreement with an entity described in subsection (d)(1), under which the entity shall establish or maintain a target shooting range that meets the requirements described in subparagraph (B). (B) Requirements A target shooting range established under this paragraph— (i) (I) shall be able to accommodate rifles and pistols; (II) may include skeet, trap, or sporting clay infrastructure; and (III) may accommodate archery; (ii) shall include appropriate public safety designs and features, including— (I) significantly modified landscapes, including berms, buffer distances, or other public safety designs or features; and (II) a designated firing line; and (iii) may include— (I) shade structures; (II) trash containers; (III) restrooms; (IV) benches; and (V) any other features that the Secretary concerned determines to be necessary. (C) Recreation and Public Purposes Act For purposes of subparagraph (A), the Secretary concerned may consider a target shooting range that is located on land transferred or leased pursuant to the Act of June 14, 1926 (commonly known as the “ Recreation and Public Purposes Act ”) ( 44 Stat. 741 , chapter 578; 43 U.S.C. 869 et seq.), as a target shooting range that meets the requirements described in subparagraph (B). (c) Restrictions (1) Management The management of a target shooting range shall be subject to such conditions as the Secretary concerned determines are necessary for the safe, responsible use of— (A) the target shooting range ; and (B) the adjacent land and resources. (2) Closures Except in emergency situations, the Secretary concerned shall seek to ensure that a target shooting range that meets the requirements described in subsection (b)(3)(B), or an equivalent shooting range adjacent to a National Forest or Bureau of Land Management district, is available to the public prior to closing Federal recreational lands and waters administered by the Chief of the Forest Service or the Director of the Bureau of Land Management to recreational shooting, in accordance with section 7913 of this title . (d) Coordination (1) In general In carrying out this section, the Secretaries shall coordinate with— (A) State , Tribal, and local governments; (B) nonprofit or nongovernmental organizations, including organizations that are signatories to the memorandum of understanding entitled “Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding” and signed by the Forest Service and the Bureau of Land Management on August 17, 2006 ; (C) shooting clubs; (D) Federal advisory councils relating to hunting and shooting sports; and (E) individuals or entities with authorized leases or permits in an area under consideration for a target shooting range . (2) Partnerships The Secretaries may— (A) coordinate with an entity described in paragraph (1) to assist with the construction, modification, operation, or maintenance of a target shooting range ; and (B) explore opportunities to leverage funding to maximize non-Federal investment in the construction, modification, operation, or maintenance of a target shooting range . (e) Annual reports Not later than 2 years after January 4, 2025 , and annually thereafter through fiscal year 2033, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made with respect to the implementation of this section. (f) Savings clause Nothing in this section affects the authority of the Secretary concerned to administer a target shooting range that is in addition to the target shooting ranges that meet the requirements described in subsection (b)(3)(B) on Federal recreational lands and waters administered by the Secretary concerned. ( Pub. L. 118–234, title I, § 123 , Jan. 4, 2025 , 138 Stat. 2844 .)
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16
|
https://www.law.cornell.edu/uscode/text/16
|
null
|
null
|
part-B
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-B
|
null
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null
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null
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null
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null
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null
|
chapter-103
|
https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-I
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
|
8422
|
https://www.law.cornell.edu/uscode/text/16/8422#tab_default_1
|
16 U.S. Code § 8422 - Protecting America’s rock climbing
|
(a) In general Not later than 18 months after January 4, 2025 , each Secretary concerned shall issue guidance for recreational climbing activities on covered Federal land. (b) Applicable law The guidance issued under subsection (a) shall ensure that recreational climbing activities comply with the laws (including regulations) applicable to the covered Federal land. (c) Wilderness areas The guidance issued under subsection (a) shall recognize that recreational climbing (including the use, placement, and maintenance of fixed anchors) is an appropriate use within a component of the National Wilderness Preservation System, if undertaken— (1) in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.) and other applicable laws (including regulations); and (2) subject to any terms and conditions determined by the Secretary concerned to be appropriate. (d) Authorization The guidance issued under subsection (a) shall describe the requirements, if any, for the placement and maintenance of fixed anchors for recreational climbing in a component of the National Wilderness Preservation System, including any terms and conditions determined by the Secretary concerned to be appropriate, which may be issued programmatically or on a case-by-case basis. (e) Existing routes The guidance issued under subsection (a) shall include direction providing for the continued use and maintenance of recreational climbing routes (including fixed anchors along the routes) in existence as of January 4, 2025 , in accordance with this chapter. (f) Public comment Before finalizing the guidance issued under subsection (a), the Secretary concerned shall provide opportunities for public comment with respect to the guidance. (g) Covered Federal land defined In this section, the term “covered Federal land”— (1) means the lands described in subparagraphs (A) and (B) of paragraph (2); and (2) includes components of the National Wilderness Preservation System. ( Pub. L. 118–234, title I, § 122 , Jan. 4, 2025 , 138 Stat. 2843 .)
|
16
|
https://www.law.cornell.edu/uscode/text/16
|
null
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null
|
part-B
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-B
|
null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8421
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https://www.law.cornell.edu/uscode/text/16/8421#tab_default_1
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16 U.S. Code § 8421 - Biking on long-distance trails
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(a) Identification of long-distance trails Not later than 18 months after January 4, 2025 , the Secretaries shall identify— (1) not fewer than 10 long-distance bike trails that make use of trails and roads in existence on January 4, 2025 ; and (2) not fewer than 10 areas in which there is an opportunity to develop or complete a trail that would qualify as a long-distance bike trail . (b) Public comment The Secretaries shall— (1) develop a process to allow members of the public to comment regarding the identification of trails and areas under subsection (a); and (2) consider the identification, development, and completion of long-distance bike trails in a geographically equitable manner. (c) Maps, signage, and promotional materials For any long-distance bike trail identified under subsection (a), the Secretary concerned may— (1) publish and distribute maps, install signage, and issue promotional materials; and (2) coordinate with stakeholders to leverage any non-Federal resources necessary for the stewardship, development, or completion of trails. (d) Report Not later than 2 years after January 4, 2025 , the Secretaries, in partnership with interested organizations, shall prepare and publish a report that lists the trails identified under subsection (a), including a summary of public comments received in accordance with the process developed under subsection (b). (e) Conflict avoidance with other uses Before identifying a long-distance bike trail under subsection (a), the Secretary concerned shall ensure the long-distance bike trail — (1) minimizes conflict with— (A) the uses, before January 4, 2025 , of any trail or road that is part of that long-distance bike trail; (B) multiple-use areas where biking, hiking, horseback riding, or use by pack and saddle stock are existing uses on January 4, 2025 ; (C) the purposes for which any trail was or is established under the National Trails System Act ( 16 U.S.C. 1241 et seq.); and (D) any area managed under the Wilderness Act ( 16 U.S.C. 1131 et seq.); and (2) complies with land use and management plans of the Federal recreational lands and waters that are part of that long-distance bike trail . (f) Eminent domain or condemnation In carrying out this section, the Secretaries may not use eminent domain or condemnation. (g) Definitions In this section: (1) Long-distance bike trail The term “ long-distance bike trail ” means a continuous route, consisting of 1 or more trails or rights-of-way, that— (A) is not less than 80 miles in length; (B) primarily makes use of dirt or natural surface trails; (C) may require connections along paved or other improved roads; (D) does not include Federal recreational lands where mountain biking or related activities are not consistent with management requirements for those Federal recreational lands; and (E) to the maximum extent practicable, makes use of trails and roads that were on Federal recreational lands on or before January 4, 2025 . (2) Secretaries The term “ Secretaries ” means the Secretary of the Interior and the Secretary of Agriculture, acting jointly. ( Pub. L. 118–234, title I, § 121 , Jan. 4, 2025 , 138 Stat. 2842 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-C
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-C
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8442
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https://www.law.cornell.edu/uscode/text/16/8442#tab_default_1
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16 U.S. Code § 8442 - Improved recreation visitation data
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(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 Not later than 6 years after January 4, 2025 , the Secretaries shall submit a report to Congress regarding the implementation of the pilot program, including policy recommendations to expand the pilot program to additional units managed by the Secretaries. (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 The Secretaries may disseminate the information described in paragraph (1) directly or through an entity or organization referred to in subsection (c). (4) Inclusion of current assessments In carrying out the Pilot Program, the Secretaries may, to the extent practicable, rely on assessments completed or data gathered prior to January 4, 2025 . (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 The Secretaries may use existing programs or products of the Secretaries to carry out this section. (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 Not later than 1 year after January 4, 2025 , and annually thereafter, the Secretaries shall publish on a website of the Secretaries a report that describes the annual visitation of each unit of Federal recreational lands and waters, including, to the maximum extent practicable, visitation categorized by recreational activity. (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 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-C
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-C
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8441
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https://www.law.cornell.edu/uscode/text/16/8441#tab_default_1
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16 U.S. Code § 8441 - Gateway communities
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(a) Assessment of impacts and needs in gateway communities The Secretaries — (1) shall collaborate with State and local governments, Indian Tribes , housing authorities, applicable trade associations, nonprofit organizations, private entities, and other relevant stakeholders to identify needs and economic impacts in gateway communities, including— (A) housing shortages; (B) demands on existing municipal infrastructure; (C) accommodation and management of sustainable visitation; and (D) the expansion and diversification of visitor experiences by bolstering the visitation at— (i) existing developed locations that are underutilized on nearby Federal recreational lands and waters that are suitable for developing, expanding, or enhancing recreation use, as identified by the Secretaries; or (ii) existing developed and suitable lesser-known recreation sites, as identified under section 5(b)(1)(B), [1] on nearby land managed by a State agency or a local agency; and (2) may address a need identified under paragraph (1) by— (A) providing financial or technical assistance to a gateway community under an existing program; (B) entering into an agreement, right-of-way, or easement, in accordance with applicable laws; or (C) issuing an entity referred to in paragraph (1) a special use permit (other than a special recreation permit (as defined in section 6801 of this title ), in accordance with applicable laws. (b) Technical and financial assistance to businesses (1) In general The Secretary of Agriculture (acting through the Administrator of the Rural Business-Cooperative Service), in coordination with the Secretary and the Secretary of Commerce , shall provide to businesses in gateway communities the assistance described in paragraph (2) to establish, operate, or expand infrastructure to accommodate and manage sustainable visitation, including hotels, campgrounds, and restaurants. (2) Assistance The Secretary of Agriculture may provide assistance under paragraph (1) through the use of existing, or the establishment of new, entrepreneur and vocational training programs, technical assistance programs, low-interest business loan programs, and loan guarantee programs. (c) Partnerships In carrying out this section, the Secretaries may, in accordance with applicable laws, enter into a public-private partnership, cooperative agreement, memorandum of understanding, or similar agreement with a gateway community or a business in a gateway community . ( Pub. L. 118–234, title I, § 131 , Jan. 4, 2025 , 138 Stat. 2858 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-D
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-D
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8452
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https://www.law.cornell.edu/uscode/text/16/8452#tab_default_1
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16 U.S. Code § 8452 - Broadband internet connectivity at developed recreation sites
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(a) In general The Secretary and the Chief of the Forest Service shall enter into an agreement with the Secretary of Commerce to foster the installation or construction of broadband internet infrastructure at developed recreation sites on Federal recreational lands and waters to establish broadband internet connectivity— (1) subject to the availability of appropriations; and (2) in accordance with applicable law. (b) Identification Not later than 3 years after January 4, 2025 , and annually thereafter through fiscal year 2031, the Secretary and the Chief of the Forest Service , in coordination with States and local communities, shall make publicly available— (1) a list of the highest priority developed recreation sites, as determined under subsection (c), on Federal recreational lands and waters that lack broadband internet; (2) to the extent practicable, an estimate of— (A) the cost to equip each of those sites with broadband internet infrastructure; and (B) the annual cost to operate that infrastructure; and (3) a list of potential— (A) barriers to operating the infrastructure described in paragraph (2)(A); and (B) methods to recover the costs of that operation. (c) Priorities In selecting developed recreation sites for the list described in subsection (b)(1), the Secretary and the Chief of the Forest Service shall give priority to developed recreation sites— (1) at which broadband internet infrastructure has not been constructed due to— (A) geographic challenges; or (B) the location having an insufficient number of nearby permanent residents, despite high seasonal or daily visitation levels; or (2) that are located in an economically distressed county that could benefit significantly from developing the outdoor recreation economy of the county. ( Pub. L. 118–234, title I, § 142 , Jan. 4, 2025 , 138 Stat. 2864 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-D
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-D
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8451
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https://www.law.cornell.edu/uscode/text/16/8451#tab_default_1
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16 U.S. Code § 8451 - Connect our parks
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(a) Definitions In this section: (1) Appropriate committees of Congress The term “appropriate committees of Congress ” means— (A) the Committee on Energy and Natural Resources of the Senate ; (B) the Committee on Commerce, Science, and Transportation of the Senate ; (C) the Committee on Natural Resources of the House of Representatives ; and (D) the Committee on Energy and Commerce of the House of Representatives . (2) Broadband internet access service The term “ broadband internet access service ” has the meaning given the term in section 8.1 (b) of title 47, Code of Federal Regulations (or a successor regulation). (3) Cellular service The term “ cellular service ” has the meaning given the term in section 22.99 of title 47, Code of Federal Regulations (or a successor regulation). (4) National Park The term “ National Park ” means a unit of the National Park System. (5) Secretary The term “ Secretary ” means the Secretary of the Interior, acting through the Director of the National Park Service . (b) Assessment (1) In general Not later than 1 year after January 4, 2025 , the Secretary shall complete an assessment of National Parks to identify— (A) locations in National Parks in which there is the greatest need for broadband internet access service , based on the considerations described in paragraph (2)(A); and (B) areas in National Parks in which there is the greatest need for cellular service , based on the considerations described in paragraph (2)(B). (2) Considerations (A) Broadband internet access service For purposes of identifying locations in National Parks under paragraph (1)(A), the Secretary shall consider, with respect to each National Park , the availability of broadband internet access service in— (i) housing; (ii) administrative facilities and related structures; (iii) lodging; (iv) developed campgrounds; and (v) any other location within the National Park in which broadband internet access service is determined to be necessary by the superintendent of the National Park. (B) Cellular service For purposes of identifying areas in National Parks under paragraph (1)(B), the Secretary shall consider, with respect to each National Park , the availability of cellular service in any developed area within the National Park that would increase— (i) the access of the public to emergency services and traveler information technologies; or (ii) the communications capabilities of National Park Service employees. (3) Report On completion of the assessment under paragraph (1), the Secretary shall submit to the appropriate committees of Congress , and make available on the website of the Department of the Interior , a report describing the results of the assessment. (c) Plan (1) In general Not later than 3 years after January 4, 2025 , the Secretary shall develop a plan, based on the results of the assessment completed under subsection (b) and subject to paragraph (4)— (A) to install broadband internet access service infrastructure in certain locations in National Parks; and (B) to install cellular service equipment and infrastructure in certain areas of National Parks. (2) Consultation In developing the plan under paragraph (1), the Secretary shall consult with— (A) affected Indian Tribes ; and (B) local stakeholders that the superintendent of the applicable National Park determines to be appropriate. (3) Requirements The plan developed under paragraph (1) shall— (A) provide for avoiding or minimizing impacts to— (i) National Park viewsheds; (ii) cultural and natural resources; (iii) the visitor experience; (iv) historic properties and the viewsheds of historic properties; and (v) other resources or values of the National Park . (B) provide for infrastructure providing broadband internet access service or cellular service to be located in— (i) previously disturbed or developed areas; or (ii) areas zoned for uses that would support the infrastructure; (C) provide for the use of public-private partnerships— (i) to install broadband internet access service or cellular service equipment; and (ii) to provide broadband internet access service or cellular service; (D) be technology neutral; and (E) in the case of broadband internet access service , provide for broadband internet access service of at least— (i) a 100–Mbps downstream transmission capacity; and (ii) a 20–Mbps upstream transmission capacity. (4) Limitation Notwithstanding paragraph (1), a plan developed under that paragraph shall not be required to address broadband internet access service or cellular service in any National Park with respect to which the superintendent of the National Park determines that there is adequate access to broadband internet access service or cellular service, as applicable. ( Pub. L. 118–234, title I, § 141 , Jan. 4, 2025 , 138 Stat. 2862 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-E
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-E
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8463
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https://www.law.cornell.edu/uscode/text/16/8463#tab_default_1
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16 U.S. Code § 8463 - Pay-for-performance projects
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(a) Definitions In this section: (1) Independent evaluator The term “ independent evaluator ” means an individual or entity, including an institution of higher education, that is selected by the pay-for-performance beneficiary and pay-for-performance investor, as applicable, or by the pay-for-performance project developer , in consultation with the Secretary of Agriculture, to make the determinations and prepare the reports required under subsection (e). (2) National Forest System land The term “ National Forest System land ” means land in the National Forest System (as defined in section 1609(a) of this title ). (3) Pay-for-performance agreement The term “ pay-for-performance agreement ” means a mutual benefit agreement (excluding a procurement contract, grant agreement, or cooperative agreement described in chapter 63 of title 31) for a pay-for-performance project— (A) with a term of— (i) not less than 1 year; and (ii) not more than 20 years; and (B) that is executed, in accordance with applicable law, by— (i) the Secretary of Agriculture; and (ii) a pay-for-performance beneficiary or pay-for-performance project developer . (4) Pay-for-performance beneficiary The term “ pay-for-performance beneficiary ” means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that— (A) repays capital loaned upfront by a pay-for-performance investor , based on a project outcome specified in a pay-for-performance agreement ; or (B) provides capital directly for costs associated with a pay-for-performance project . (5) Pay-for-performance investor The term “ pay-for-performance investor ” means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that provides upfront loaned capital for a pay-for-performance project with the expectation of a financial return dependent on a project outcome. (6) Pay-for-performance project The term “ pay-for-performance project ” means a project that— (A) would provide or enhance a recreational opportunity; (B) is conducted on— (i) National Forest System land ; or (ii) other land, if the activities would benefit National Forest System land (including a recreational use of National Forest System land ); and (C) would use an innovative funding or financing model that leverages— (i) loaned capital from a pay-for-performance investor to cover upfront costs associated with a pay-for-performance project, with the loaned capital repaid by a pay-for-performance beneficiary at a rate of return dependent on a project outcome, as measured by an independent evaluator; or (ii) capital directly from a pay-for-performance beneficiary to support costs associated with a pay-for-performance project in an amount based on an anticipated project outcome. (7) Pay-for-performance project developer The term “ pay-for-performance project developer ” means a nonprofit or for-profit organization that serves as an intermediary to assist in developing or implementing a pay-for-performance agreement or a pay-for-performance project. (8) Project outcome The term “ project outcome ” means a measurable, beneficial result (whether economic, environmental, or social) that is attributable to a pay-for-performance project and described in a pay-for-performance agreement . (b) Establishment of pilot program The Secretary of Agriculture shall establish a pilot program in accordance with this section to carry out 1 or more pay-for-performance projects . (c) Pay-for-performance projects (1) In general Using funds made available through a pay-for-performance agreement or appropriations, all or any portion of a pay-for-performance project may be implemented by— (A) the Secretary of Agriculture; or (B) a pay-for-performance project developer or a third party, subject to the conditions that— (i) the Secretary of Agriculture shall approve the implementation by the pay-for-performance project developer or third party; and (ii) the implementation is in accordance with applicable law. (2) Relation to land management plans A pay-for-performance project carried out under this section shall be consistent with any applicable land management plan developed under section 1604 of this title . (3) Ownership (A) New improvements The United States shall have title to any improvements installed on National Forest System land as part of a pay-for-performance project . (B) Existing improvements Investing in, conducting, or completing a pay-for-performance project on National Forest System land shall not affect the title of the United States to— (i) any federally owned improvements involved in the pay-for-performance project ; or (ii) the underlying land. (4) Savings clause The carrying out of any action for a pay-for-performance project does not provide any right to any party to a pay-for-performance agreement . (5) Potential conflicts Before approving a pay-for-performance project under this section, the Secretary of Agriculture shall consider and seek to avoid potential conflicts (including economic competition) with any existing written authorized use. (d) Project agreements (1) In general Notwithstanding the Act of June 30, 1914 ( 38 Stat. 430 , chapter 131; 16 U.S.C. 498 ), or subtitle C of title XX of the Social Security Act ( 42 U.S.C. 1397n et seq.), in carrying out the pilot program under this section, the Secretary of Agriculture may enter into a pay-for-performance agreement under which a pay-for-performance beneficiary, pay-for-performance investor, or pay-for-performance project developer agrees to pay for or finance all or part of a pay-for-performance project. (2) Size limitation The Secretary of Agriculture may not enter into a pay-for-performance agreement under the pilot program under this section for a pay-for-performance project valued at more than $15,000,000. (3) Financing (A) In general A pay-for-performance agreement shall specify the amounts that a pay-for-performance beneficiary or a pay-for-performance project developer agrees to pay to a pay-for-performance investor or a pay-for-performance project developer , as appropriate, in the event of an independent evaluator determining pursuant to subsection (e) the degree to which a project outcome has been achieved. (B) Eligible payments An amount described in subparagraph (A) shall be— (i) based on— (I) the respective contributions of the parties under the pay-for-performance agreement ; and (II) the economic, environmental, or social benefits derived from the project outcomes ; and (ii) (I) a percentage of the estimated value of a project outcome ; (II) a percentage of the estimated cost savings to the pay-for-performance beneficiary or the Secretary of Agriculture derived from a project outcome; (III) a percentage of the enhanced revenue to the pay-for-performance beneficiary or the Secretary of Agriculture derived from a project outcome; or (IV) a percentage of the cost of the pay-for-performance project . (C) Forest service financial assistance Subject to the availability of appropriations, the Secretary of Agriculture may contribute funding for a pay-for-performance project only if— (i) the Secretary of Agriculture demonstrates that— (I) the pay-for-performance project would provide a cost savings to the United States; (II) the funding would accelerate the pace of implementation of an activity previously planned to be completed by the Secretary of Agriculture; or (III) the funding would accelerate the scale of implementation of an activity previously planned to be completed by the Secretary of Agriculture; and (ii) the contribution of the Secretary of Agriculture has a value that is not more than 50 percent of the total cost of the pay-for-performance project . (D) Special account Any funds received by the Secretary of Agriculture under subsection (c)(1)— (i) shall be retained in a separate fund in the Treasury to be used solely for pay-for-performance projects ; and (ii) shall remain available until expended and without further appropriation. (4) Maintenance and decommissioning of pay-for-performance project improvements A pay-for-performance agreement shall— (A) include a plan for maintaining any capital improvement constructed as part of a pay-for-performance project after the date on which the pay-for-performance project is completed; and (B) specify the party that will be responsible for decommissioning the improvements associated with the pay-for-performance project — (i) at the end of the useful life of the improvements; (ii) if the improvements no longer serve the purpose for which the improvements were developed; or (iii) if the pay-for-performance project fails. (5) Termination of pay-for-performance project agreements The Secretary of Agriculture may unilaterally terminate a pay-for-performance agreement , in whole or in part, for any program year beginning after the program year during which the Secretary of Agriculture provides to each party to the pay-for-performance agreement a notice of the termination. (e) Independent evaluations (1) Progress reports An independent evaluator shall submit to the Secretary of Agriculture and each party to the applicable pay-for-performance agreement — (A) by not later than 2 years after the date on which the pay-for-performance agreement is executed, and at least once every 2 years thereafter, a written report that summarizes the progress that has been made in achieving each project outcome; and (B) before the first scheduled date for a payment described in subsection (d)(3)(A), and each subsequent date for payment, a written report that— (i) summarizes the results of the evaluation conducted by the independent evaluator to determine whether a payment should be made pursuant to the pay-for-performance agreement ; and (ii) analyzes the reasons why a project outcome was achieved or was not achieved. (2) Final reports Not later than 180 days after the date on which a pay-for-performance project is completed, the independent evaluator shall submit to the Secretary of Agriculture and each party to the pay-for-performance agreement a written report that includes, with respect to the period covered by the report— (A) an evaluation of the effects of the pay-for-performance project with respect to each project outcome; (B) a determination of whether the pay-for-performance project has met each project outcome; and (C) the amount of the payments made for the pay-for-performance project pursuant to subsection (d)(3)(A). (f) Additional Forest Service -provided assistance (1) Technical assistance The Secretary of Agriculture may provide technical assistance to facilitate pay-for-performance project development, such as planning, permitting, site preparation, and design work. (2) Consultants Subject to the availability of appropriations, the Secretary of Agriculture may hire a contractor— (A) to conduct a feasibility analysis of a proposed pay-for-performance project ; (B) to assist in the development, implementation, or evaluation of a proposed pay-for-performance project or a pay-for-performance agreement ; or (C) to assist with an environmental analysis of a proposed pay-for-performance project . (g) Savings clause The Secretary of Agriculture shall approve a record of decision, decision notice, or decision memo for any activities to be carried out on National Forest System land as part of a pay-for-performance project before the Secretary of Agriculture may enter into a pay-for-performance agreement involving the applicable pay-for-performance project. (h) Duration of pilot program (1) Sunset The authority to enter into a pay-for-performance agreement under this section terminates on the date that is 7 years after January 4, 2025 . (2) Savings clause Nothing in paragraph (1) affects any pay-for-performance project agreement entered into by the Secretary of Agriculture under this section before the date described in that paragraph. ( Pub. L. 118–234, title I, § 155 , Jan. 4, 2025 , 138 Stat. 2871 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-E
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-E
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8462
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https://www.law.cornell.edu/uscode/text/16/8462#tab_default_1
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16 U.S. Code § 8462 - Parking and restroom opportunities for Federal recreational lands and waters
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(a) Parking opportunities (1) In general The Secretaries shall seek to increase and improve parking opportunities for persons recreating on Federal recreational lands and waters — (A) in accordance with existing laws and applicable land use plans ; (B) in a manner that minimizes any increase in maintenance obligations on Federal recreational lands and waters ; and (C) in a manner that does not impact wildlife habitat that is critical to the mission of a Federal agency responsible for managing Federal recreational lands and waters . (2) Authority To supplement the quantity of parking spaces available at units of Federal recreational lands and waters on January 4, 2025 , the Secretaries may— (A) enter into a public-private partnership for parking opportunities on non-Federal land; (B) enter into contracts or agreements with State , Tribal, or local governments for parking opportunities using non-Federal lands and resources; or (C) provide alternative transportation systems for a unit of Federal recreational lands and waters . (b) Restroom opportunities (1) In general The Secretaries shall seek to increase and improve the function, cleanliness, and availability of restroom facilities for persons recreating on Federal recreational lands and waters , including by entering into partnerships with non-Federal partners, including State, Tribal, and local governments and volunteer organizations. (2) Report Not later than 2 years after January 4, 2025 , the Secretaries shall submit a report to Congress that identifies— (A) challenges to maintaining or improving the function, cleanliness, and availability of restroom facilities on Federal recreational lands and waters ; (B) the current state of restroom facilities on Federal recreational lands and waters and the effect restroom facilities have on visitor experiences; and (C) policy recommendations that suggest innovative new models or partnerships to increase or improve the function, cleanliness, and availability of restroom facilities for persons recreating on Federal recreational lands and waters . ( Pub. L. 118–234, title I, § 154 , Jan. 4, 2025 , 138 Stat. 2870 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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part-E
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I/part-E
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-I
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-I
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8461
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https://www.law.cornell.edu/uscode/text/16/8461#tab_default_1
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16 U.S. Code § 8461 - Partnership agreements to modernize federally owned campgrounds, resorts, cabins, and visitor centers on Federal recreational lands and waters
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(a) Definitions In this section: (1) Covered activity The term “ covered activity ” means— (A) a capital improvement, including the construction, reconstruction, and nonroutine maintenance of any structure, infrastructure, or improvement, relating to the operation of, or access to, a covered recreation facility ; and (B) any activity necessary to operate or maintain a covered recreation facility . (2) Covered recreation facility The term “ covered recreation facility ” means a federally owned campground, resort, cabin, or visitor center that is— (A) in existence on January 4, 2025 ; and (B) located on Federal recreational lands and waters administered by— (i) the Chief of the Forest Service ; or (ii) the Director of the Bureau of Land Management . (3) Eligible entity The term “ eligible entity ” means— (A) a unit of State , Tribal, or local government; (B) a nonprofit organization; and (C) a private entity. (b) Pilot program The Secretaries shall establish a pilot program under which the Secretary concerned may enter into an agreement with, or issue or amend a land use authorization to, an eligible entity to allow the eligible entity to carry out covered activities relating to a covered recreation facility , subject to the requirements of this section and the terms of any relevant land use authorization, regardless of whether the eligible entity holds, on January 4, 2025 , an authorization to be a concessionaire for the covered recreation facility. (c) Minimum number of agreements or land use authorizations Not later than 3 years after January 4, 2025 , the Secretary concerned shall enter into at least 1 agreement or land use authorization under subsection (b) in— (1) a unit of the National Forest System in each region of the National Forest System; and (2) Federal recreational lands and waters administered by the Director of the Bureau of Land Management in not fewer than 5 States in which the Bureau of Land Management administers Federal recreational lands and waters. (d) Requirements (1) Development plans Before entering into an agreement or issuing a land use authorization under subsection (b), an eligible entity shall submit to the Secretary concerned a development plan that— (A) describes investments in the covered recreation facility to be made by the eligible entity during the first 3 years of the agreement or land use authorization; (B) describes annual maintenance spending to be made by the eligible entity for each year of the agreement or land use authorization; and (C) includes any other terms and conditions determined to be necessary or appropriate by the Secretary concerned . (2) Agreements and land use authorizations An agreement or land use authorization under subsection (b) shall— (A) be for a term of not more than 30 years, commensurate with the level of investment; (B) require that, not later than 3 years after the date on which the Secretary concerned enters into the agreement or issues or amends the land use authorization, the applicable eligible entity shall expend, place in an escrow account for the eligible entity to expend, or deposit in a special account in the Treasury for expenditure by the Secretary concerned, without further appropriation, for covered activities relating to the applicable covered recreation facility , an amount or specified percentage, as determined by the Secretary concerned, which shall be equal to not less than $500,000, of the anticipated receipts for the term of the agreement or land use authorization; (C) require the eligible entity to operate and maintain the covered recreation facility and any associated infrastructure designated by the Secretary concerned in a manner acceptable to the Secretary concerned and the eligible entity; (D) include any terms and conditions that the Secretary concerned determines to be necessary for a special use permit issued under section 580d of this title , including the payment described in subparagraph (E) or the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.), as applicable; (E) provide for payment to the Federal Government of a fee or a sharing of revenue— (i) consistent with— (I) the land use fee for a special use permit authorized under section 580d of this title ; or (II) the value to the eligible entity of the rights provided by the agreement or land use authorization, taking into account the capital invested by, and obligations of, the eligible entity under the agreement or land use authorization; and (ii) all or part of which may be offset by the work to be performed at the expense of the eligible entity that is separate from the routine costs of operating and maintaining the applicable covered recreation facility and any associated infrastructure designated by the Secretary concerned, as determined to be appropriate by the Secretary concerned; (F) include provisions stating that— (i) the eligible entity shall obtain no property interest in the covered recreation facility pursuant to the expenditures of the eligible entity, as required by the agreement or land use authorization; (ii) all structures and other improvements constructed, reconstructed, or nonroutinely maintained by that entity under the agreement or land use authorization on land owned by the United States shall be the property of the United States ; and (iii) the eligible entity shall be solely responsible for any cost associated with the decommissioning or removal of a capital improvement, if needed, at the conclusion of the agreement or land use authorization; and (G) be subject to any other terms and conditions determined to be necessary or appropriate by the Secretary concerned . (e) Land use fee retention A land use fee paid or revenue shared with the Secretary concerned under an agreement or land use authorization under this section shall be available for expenditure by the Secretary concerned for recreation-related purposes on the unit or area of Federal recreational lands and waters at which the land use fee or revenue is collected, without further appropriation. ( Pub. L. 118–234, title I, § 153 , Jan. 4, 2025 , 138 Stat. 2868 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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part-C
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-C
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8572
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https://www.law.cornell.edu/uscode/text/16/8572#tab_default_1
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16 U.S. Code § 8572 - Permit relief for picnic areas
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(a) In general If the Secretary concerned does not require the public to obtain a permit or reservation to access a picnic area on Federal recreational lands and waters administered by the Forest Service or the Bureau of Land Management , the Secretary concerned shall not require a covered person to obtain a permit solely to access the picnic area. (b) Covered person defined In this section, the term “ covered person ” means a person (including an educational group) that provides outfitting and guiding services to fewer than 40 customers per year at a picnic area described in subsection (a). ( Pub. L. 118–234, title III, § 352 , Jan. 4, 2025 , 138 Stat. 2916 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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part-C
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-C
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8571
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https://www.law.cornell.edu/uscode/text/16/8571#tab_default_1
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16 U.S. Code § 8571 - Good neighbor authority for recreation
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(a) Definitions In this section: (1) Authorized recreation services The term “ authorized recreation services ” means similar and complementary recreation enhancement or improvement services carried out— (A) on Federal land , non- Federal land , or land owned by an Indian Tribe; and (B) by either the Secretary or a Governor , Indian Tribe, or county, as applicable, pursuant to a good neighbor agreement . (2) County The term “ county ” means— (A) the appropriate executive official of an affected county ; or (B) in any case in which multiple counties are affected, the appropriate executive official of a compact of the affected counties. (3) Federal land The term “ Federal land ” means land that is— (A) owned and administered by the United States as a part of— (i) the National Forest System; or (ii) the National Park System; or (B) public lands (as defined in section 1702 of title 43 ). (4) Recreation enhancement or improvement services The term “ recreation enhancement or improvement services ” means— (A) establishing, repairing, restoring, improving, relocating, constructing, or reconstructing new or existing— (i) trails or trailheads; (ii) campgrounds and camping areas; (iii) cabins; (iv) picnic areas or other day use areas; (v) shooting ranges; (vi) restroom or shower facilities; (vii) paved or permanent roads or parking areas that serve existing recreation facilities or areas; (viii) fishing piers, wildlife viewing platforms, docks, or other constructed features at a recreation site; (ix) boat landings; (x) hunting or fishing sites; (xi) infrastructure within ski areas; or (xii) visitor centers or other interpretative sites; and (B) activities that create, improve, or restore access to existing recreation facilities or areas. (5) Good neighbor agreement The term “ good neighbor agreement ” means a cooperative agreement or contract (including a sole source contract) entered into between the Secretary and a Governor, Indian Tribe, or county, as applicable, to carry out authorized recreation services under this subchapter. (6) Governor The term “ Governor ” means the Governor or any other appropriate executive official of an affected State or the Commonwealth of Puerto Rico . (7) Secretary concerned The term “ Secretary concerned ” means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to National Park System land and public lands. (b) Good neighbor agreements for recreation (1) In general The Secretary concerned may enter into a good neighbor agreement with a Governor, Indian Tribe, or county to carry out authorized recreation services in accordance with this subchapter. (2) Public availability The Secretary concerned shall make each good neighbor agreement available to the public. (3) Financial and technical assistance (A) In general The Secretary concerned may provide financial or technical assistance to a Governor, Indian Tribe, or county carrying out authorized recreation services . (B) Omitted (4) Retention of NEPA responsibilities Any decision required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to any authorized recreation services to be provided under this section on Federal land shall not be delegated to a Governor, Indian Tribe, or county. ( Pub. L. 118–234, title III, § 351 , Jan. 4, 2025 , 138 Stat. 2915 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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5912
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https://www.law.cornell.edu/uscode/text/12/5912#tab_default_1
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12 U.S. Code § 5912 - Interoperability standards
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The primary Federal payment stablecoin regulators , in consultation with the National Institute of Standards and Technology , other relevant standard-setting organizations, and State bank and credit union regulators, shall assess and, if necessary, may, pursuant to section 553 of title 5 , and in a manner consistent with the National Technology Transfer and Advancement Act of 1995 ( Public Law 104–113 ), prescribe standards for permitted payment stablecoin issuers to promote compatibility and interoperability with— (1) other permitted payment stablecoin issuers ; and (2) the broader digital finance ecosystem, including accepted communications protocols and blockchains, permissioned or public. ( Pub. L. 119–27, § 12 , July 18, 2025 , 139 Stat. 459 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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5911
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https://www.law.cornell.edu/uscode/text/12/5911#tab_default_1
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12 U.S. Code § 5911 - Application of existing insolvency law
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In accordance with otherwise applicable law, an insolvency proceeding with respect to a permitted payment stablecoin issuer shall occur as follows: (1) A depository institution (as defined in section 1813 of this title ) shall be resolved by the Federal Deposit Insurance Corporation , National Credit Union Administration , or State payment stablecoin regulator, as applicable. (2) A subsidiary of a depository institution (as defined in section 1813 of this title ) or a nonbank entity may be considered a debtor under title 11. ( Pub. L. 119–27, § 11(g) , July 18, 2025 , 139 Stat. 458 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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5910
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https://www.law.cornell.edu/uscode/text/12/5910#tab_default_1
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12 U.S. Code § 5910 - Treatment of payment stablecoin issuers in insolvency proceedings
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Subject to section 507(e) of title 11 , as added by subsection (d), in any insolvency proceeding of a permitted payment stablecoin issuer under Federal or State law, including any proceeding under that title and any insolvency proceeding administered by a State payment stablecoin regulator with respect to a permitted payment stablecoin issuer— (1) the claim of a person holding payment stablecoins issued by the permitted payment stablecoin issuer shall have priority, on a ratable basis with the claims of other persons holding such payment stablecoins, over the claims of the permitted payment stablecoin issuer and any other holder of claims against the permitted payment stablecoin issuer , with respect to required payment stablecoin reserves; (2) notwithstanding any other provision of law, including the definition of “claim” under section 101(5) of title 11 , any person holding a payment stablecoin issued by the permitted payment stablecoin issuer shall be deemed to hold a claim; and (3) the priority under paragraph (1) shall not apply to claims other than those arising directly from the holding of payment stablecoins . ( Pub. L. 119–27, § 11(a) , July 18, 2025 , 139 Stat. 457 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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null
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null
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5909
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https://www.law.cornell.edu/uscode/text/12/5909#tab_default_1
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12 U.S. Code § 5909 - Custody of payment stablecoin reserve and collateral
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(a) In general A person may only engage in the business of providing custodial or safekeeping services for the payment stablecoin reserve, the payment stablecoins used as collateral, or the private keys used to issue permitted payment stablecoins if the person— (1) is subject to— (A) supervision or regulation by a primary Federal payment stablecoin regulator or a primary financial regulatory agency described under subparagraph (B) or (C) of section 5301(12) of this title ; or (B) supervision by a State bank supervisor, as defined under section 1813 of this title , or a State credit union supervisor, as defined under section 6003 of the Anti -Money Laundering Act of 2020 ( 31 U.S.C. 5311 note), and such State bank supervisor or State credit union supervisor makes available to the Board such information as the Board determines necessary and relevant to the categories of information under subsection (d); and (2) complies with the requirements under subsection (b), unless such person holds such property in accordance with similar requirements as required by a primary Federal payment stablecoin regulator , the Securities and Exchange Commission , or the Commodity Futures Trading Commission . (b) Customer property requirement A person described in subsection (a) shall, with respect to other property described in that subsection— (1) treat and deal with the payment stablecoins , private keys, cash, and other property of a person for whom or on whose behalf the person described in that subsection receives, acquires, or holds payment stablecoins , private keys, cash, and other property (hereinafter referred to in this section as the “customer”) as belonging to such customer and not as the property of such person; and (2) take such steps as are appropriate to protect the payment stablecoins , private keys, cash, and other property of a customer from the claims of creditors of the person. (c) Commingling prohibited (1) In general Payment stablecoin reserves, payment stablecoins , cash, and other property of a permitted payment stablecoin issuer or customer shall be separately accounted for by a person described in subsection (a) and shall be segregated from and not be commingled with the assets of the person. (2) Exceptions Notwithstanding paragraph (1) or subsection (b)— (A) the payment stablecoin reserves, payment stablecoins , cash, and other property of a permitted payment stablecoin issuer or customer may, for convenience, be commingled and deposited in an omnibus account holding the payment stablecoin reserves, payment stablecoins, cash, and other property of more than 1 permitted payment stablecoin issuer or customer at a State chartered depository institution , an insured depository institution, national bank, or trust company, and any payment stablecoin reserves in the form of cash held in the form of a deposit liability at a depository institution shall not be subject to any requirement relating to the separation of such cash from the property of the applicable depository institution; (B) such share of the payment stablecoin reserves, payment stablecoins , cash, and other property of the permitted payment stablecoin issuer or customer that shall be necessary to transfer, adjust, or settle a transaction or transfer of assets may be withdrawn and applied to such purposes, including the payment of commissions, taxes, storage, and other charges lawfully accruing in connection with the provision of services by a person described in subsection (a); (C) in accordance with such terms and conditions as a primary Federal payment stablecoin regulator may prescribe by rule, regulation, or order, any payment stablecoin reserves, payment stablecoins, cash, and other property described in this subsection may be commingled and deposited in permitted payment stablecoin issuer or customer accounts with payment stablecoin reserves, payment stablecoins, cash, and other property received by the person and required by the primary Federal payment stablecoin regulator to be separately accounted for, treated as, and dealt with as belonging to such permitted payment stablecoin issuers or customers; or (D) an insured depository institution that provides custodial or safekeeping services for payment stablecoin reserves shall be permitted to hold payment stablecoin reserves in the form of cash on deposit provided such treatment is consistent with Federal law. (3) Customer priority With respect to payment stablecoins held by a person described in subsection (a) for a customer, with or without the segregation required under paragraph (1), the claims of the customer against such person with respect to such payment stablecoins shall have priority over the claims of any person other than the claims of another customer with respect to payment stablecoins held by such person described in subsection (a), unless the customer expressly consents to the priority of such other claim. (d) Regulatory information A person described under subsection (a) shall submit to the applicable primary Federal payment stablecoin regulator information concerning the person’ s business operations and processes to protect customer assets, in such form and manner as the primary regulator shall determine. (e) Exclusion The requirements of this section shall not apply to any person solely on the basis that such person engages in the business of providing hardware or software to facilitate a customer’s own custody or safekeeping of the customer’s payment stablecoins or private keys. ( Pub. L. 119–27, § 10 , July 18, 2025 , 139 Stat. 455 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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null
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null
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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null
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null
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5908
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https://www.law.cornell.edu/uscode/text/12/5908#tab_default_1
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12 U.S. Code § 5908 - Anti-money laundering innovation
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(a) Public comment Beginning on the date that is 30 days after July 18, 2025 , and for a period of 60 days thereafter, the Secretary of the Treasury shall seek public comment to identify innovative or novel methods, techniques, or strategies that regulated financial institutions use, or have the potential to use, to detect illicit activity, such as money laundering, involving digital assets, including comments with respect to— (1) application program interfaces; (2) artificial intelligence; (3) digital identify verification; and (4) use of blockchain technology and monitoring. (b) Treasury research (1) In general Upon completion of the public comment period described in subsection (a), the Secretary of the Treasury shall conduct research on the innovative or novel methods, techniques, or strategies that regulated financial institutions use, or have the potential to use, to detect illicit activity, such as money laundering, involving digital assets that were identified in such public comment period. (2) Research factors With respect to each innovative or novel method, technique, or strategy described in paragraph (1), the Financial Crimes Enforcement Network shall evaluate and consider the following factors against existing methods, techniques, or strategies: (A) Improvements in the ability of financial institutions to detect illicit activity involving digital assets . (B) Costs to regulated financial institutions. (C) The amount and sensitivity of information that is collected or reviewed. (D) Privacy risks associated with the information that is collected or reviewed. (E) Operational challenges and efficiency considerations. (F) Cybersecurity risks. (G) Effectiveness of methods, techniques, or strategies at mitigating illicit finance. (c) Treasury risk assessment As part of the national strategy for combating terrorist and other illicit financing required under sections 261 and 262 of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 131 Stat. 934 ), the Secretary of the Treasury shall consider— (1) the source of illicit activity, such as money laundering and sanctions evasion involving digital assets ; (2) the effectiveness of and gaps in existing methods, techniques, and strategies used by regulated financial institutions in detecting illicit activity, such as money laundering, involving digital assets ; (3) the impact of existing regulatory frameworks on the use and development of innovative methods, techniques, or strategies by regulated financial institutions; and (4) any foreign jurisdictions that pose a high risk of facilitating illicit activity through the use of digital assets to obtain fiat currency. (d) FinCEN guidance or rulemaking Not later than 3 years after July 18, 2025 , the Financial Crimes Enforcement Network shall issue public guidance and notice and comment rulemaking, based on the results of the research and risk assessments required under this section, relating to the following: (1) The implementation of innovative or novel methods, techniques, or strategies by regulated financial institutions to detect illicit activity involving digital assets . (2) Standards for payment stablecoin issuers to identify and report illicit activity involving the payment stablecoin of a permitted payment stablecoin issuer , including, fraud, cybercrime, money laundering, financing of terrorism, sanctions evasion, or insider trading. (3) Standards for payment stablecoin issuers’ systems and practices to monitor transactions on blockchains, digital asset mixing services, tumblers, or other similar services that mix payment stablecoins in such a way as to make such transaction or the identity of the transaction parties less identifiable. (4) Tailored risk management standards for financial institutions interacting with decentralized finance protocols. (e) Recommendations and report to Congress (1) In general Not later than 180 days after July 18, 2025 , the Secretary of the Treasury shall submit to the chairs and ranking members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on— (A) legislative and regulatory proposals to allow regulated financial institutions to develop and implement novel and innovative methods, techniques, or strategies to detect illicit activity, such as money laundering and sanctions evasion, involving digital assets ; (B) the results of the research and risk assessments conducted pursuant to this section; (C) efforts to support the ability of financial institutions to implement novel and innovative methods, techniques, or strategies to detect illicit activity, such as money laundering and sanctions evasion, involving digital assets ; (D) the extent to which transactions on distributed ledgers , digital asset mixing services, tumblers, or other similar services that mix payment stablecoins in such a way as to make such transaction or the identity of the transaction parties less identifiable may facilitate illicit activity; and (E) legislative recommendations relating to the scope of the term “ digital asset service provider ” and the application of that term to decentralized finance. (2) Classified annex A report under this section may include a classified annex, if applicable. (f) Rule of construction Nothing in this section shall be construed to limit the existing authority of the Secretary of the Treasury or the primary Federal payment stablecoin regulators to, prior to the submission of a report required under this section, use existing exemptive authorities, the no-action letter process, or rulemaking authorities in a manner that encourages regulated financial institutions to adopt novel or innovative methods, techniques, or strategies to detect illicit activity, such as money laundering, involving digital assets. ( Pub. L. 119–27, § 9 , July 18, 2025 , 139 Stat. 453 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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null
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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null
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null
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5907
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https://www.law.cornell.edu/uscode/text/12/5907#tab_default_1
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12 U.S. Code § 5907 - Anti-money laundering protections
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(a) Payment stablecoins issued by a foreign payment stablecoin issuer (1) In general A payment stablecoin that is issued by a foreign payment stablecoin issuer may not be publicly offered, sold, or otherwise made available for trading in the United States by a digital asset service provider unless the foreign payment stablecoin issuer has the technological capability to comply and complies with the terms of any lawful order. (2) Enforcement (A) Authority The Secretary of the Treasury shall have the authority to designate any foreign issuer that publicly offers , sells, or otherwise makes available a payment stablecoin in violation of paragraph (1) as noncompliant. (B) Designation as noncompliant Not later than 30 days after the Department of the Treasury has identified a foreign payment stablecoin issuer of any payment stablecoin trading in the United States that is in violation of paragraph (1), the Secretary of the Treasury, in coordination with relevant Federal agencies, may, pursuant to the authority under subparagraph (A), designate the foreign payment stablecoin issuer as noncompliant and notify the foreign payment stablecoin issuer in writing of the designation. (3) Appeal A determination of noncompliance under this subsection is subject to judicial review in the United States Court of Appeals for the District of Columbia Circuit. (b) Publication of designation; prohibition on secondary trading (1) In general If a foreign payment stablecoin issuer does not come into compliance with the lawful order within 30 days from the date of issuance of the written notice described in subsection (a), except as provided in subsection (c), the Secretary of the Treasury shall— (A) publish the determination of noncompliance in the Federal Register, including a statement on the failure of the foreign payment stablecoin issuer to comply with the lawful order after the written notice; and (B) issue a notification in the Federal Register prohibiting digital asset service providers from facilitating secondary trading of payment stablecoins issued by the foreign payment stablecoin issuer in the United States. (2) Effective date of prohibition The prohibition on facilitation of secondary trading described in paragraph (1) shall become effective on the date that is 30 days after the date of issue of notification of the prohibition in the Federal Register. (3) Expiration of prohibition (A) In general The prohibition on facilitation of secondary trading described in paragraph (1)(B) shall expire upon the Secretary of the Treasury’s determination that the foreign payment stablecoin issuer is no longer noncompliant. (B) Rulemaking Consistent with section 5913 of this title , the Secretary of the Treasury shall specify the criteria that a noncompliant foreign issuer must meet for the Secretary of the Treasury to determine that the foreign payment stablecoin issuer is no longer noncompliant. (C) Publication Upon a determination under subparagraph (A), the Secretary of the Treasury shall publish the determination in the Federal Register, including a statement detailing how the foreign payment stablecoin issuer has met the criteria described in subparagraph (B). (4) Civil monetary penalties The Secretary of the Treasury may impose a civil monetary penalty as follows: (A) Digital asset service providers Any digital asset service provider that knowingly violates a prohibition under paragraph (1)(B) shall be subject to a civil monetary penalty of not more than $100,000 per violation per day. (B) Foreign payment stablecoin issuers Any foreign payment stablecoin issuer that knowingly continues to publicly offer a payment stablecoin in the United States after publication of the determination of noncompliance under paragraph (1)(A) shall be subject to a civil monetary penalty of not more than $1,000,000 per violation per day, and the Secretary of the Treasury may seek an injunction in a district court of the United States to bar the foreign payment stablecoin issuer from engaging in financial transactions in the United States or with United States persons. (C) Determination of the number of violations For purposes of determining the number of violations for which to impose a penalty under subparagraph (A) or (B), separate acts of noncompliance are a single violation when the acts are the result of a common or substantially overlapping originating cause. Notwithstanding the foregoing, the Secretary of Treasury may determine that multiple acts of noncompliance constitute separate violations if such acts were the result of gross negligence, a reckless disregard for, or a pattern of indifference to, money laundering, financing of terrorism, or sanctions evasion requirements. (D) Commencement of civil actions The Secretary of the Treasury may commence a civil action against a foreign payment stablecoin issuer in a district court of the United States to— (i) recover a civil monetary penalty assessed under subparagraph (A) or (B); (ii) seek an injunction to bar the foreign payment stablecoin issuer from engaging in financial transactions in the United States or with United States persons; or (iii) seek an injunction to stop a digital asset service provider from offering on the platform of the digital asset service provider payment stablecoins issued by the foreign payment stablecoin issuer . (c) Waiver and licensing authority exemptions (1) In general The Secretary of the Treasury may offer a waiver, general license, or specific license to any United States person engaging in secondary trading described in subsection (b)(1)(B) on a case-by-case basis if the Secretary determines that— (A) prohibiting secondary trading would adversely affect the financial system of the United States ; or (B) the foreign payment stablecoin issuer is taking tangible steps to remedy the failure to comply with the lawful order that resulted in the noncompliance determination under subsection (a). (2) National security waiver The Secretary of the Treasury, in consultation with the Director of National Intelligence and the Secretary of State , may waive the application of the secondary trading restrictions under subsection (b)(1)(B) if the Secretary of the Treasury determines that the waiver is in the national security interest of the United States . (3) Waiver for intelligence and law enforcement activities The head of a department or agency may waive the application of this section with respect to— (A) activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.), or any authorized intelligence activities of the United States; or (B) activities necessary to carry out or assist law enforcement activity of the United States . (4) Report required Not later than 7 days after issuing a waiver or a license under paragraph (1), (2), or (3), the Secretary of the Treasury shall submit to the chairs and ranking members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives , a report, which may include a classified annex, if applicable, including the text of the waiver or license, as well as the facts and circumstances justifying the waiver determination, and provide a briefing on the report. (d) Rule of construction Nothing in this chapter shall be construed as altering the existing authority of the Secretary of the Treasury to block, restrict, or limit transactions involving payment stablecoins that reference or are denominated in United States dollars that are subject to the jurisdiction of the United States. ( Pub. L. 119–27, § 8 , July 18, 2025 , 139 Stat. 450 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-A
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-II
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8487
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https://www.law.cornell.edu/uscode/text/16/8487#tab_default_1
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16 U.S. Code § 8487 - Savings clause
|
Nothing in the [1] part shall be construed to create any conflicting standards with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq.) and section 794 of title 29 . ( Pub. L. 118–234, title II, § 217 , Jan. 4, 2025 , 138 Stat. 2886 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-B
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-B
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8561
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https://www.law.cornell.edu/uscode/text/16/8561#tab_default_1
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16 U.S. Code § 8561 - Extension of seasonal recreation opportunities
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(a) Definition of seasonal closure In this section, the term “ seasonal closure ” means any period during which— (1) a unit, or portion of a unit, of Federal recreational lands and waters is closed to the public for a continuous period of 30 days or more, excluding temporary closures relating to wildlife conservation or public safety; and (2) permitted or allowable recreational activities, which provide an economic benefit, including off-season or winter-season tourism, do not take place at the unit, or portion of a unit, of Federal recreational lands and waters . (b) Coordination (1) In general The Secretaries shall consult and coordinate with outdoor recreation-related businesses operating on, or adjacent to, a unit of Federal recreational lands and waters , State offices of outdoor recreation, local destination marketing organizations, applicable trade organizations, nonprofit organizations, Indian Tribes, local governments, and institutions of higher education— (A) to better understand— (i) trends with respect to visitors to the unit of Federal recreational lands and waters ; (ii) the effect of seasonal closures on areas of, or infrastructure on, units of Federal recreational lands and waters on outdoor recreation opportunities, adjacent businesses, and local tax revenue; and (iii) opportunities to extend the period of time during which areas of, or infrastructure on, units of Federal recreational lands and waters are open to the public to increase outdoor recreation opportunities and associated revenues for businesses and local governments; and (B) to solicit input from, and provide information for, outdoor recreation marketing campaigns. (2) Local coordination As part of the consultation and coordination required under subparagraph [1] (1), the Secretaries shall encourage relevant unit managers of Federal recreational lands and waters managed by the Forest Service , the Bureau of Land Management , and the National Park Service to consult and coordinate with local governments, Indian Tribes, outdoor recreation-related businesses, and other local stakeholders operating on or adjacent to the relevant unit of Federal recreational lands and waters. (d) [2] Extensions beyond seasonal closures (1) Extension of recreational season In the case of a unit of Federal recreational lands and waters managed by the Forest Service , the Bureau of Land Management , or the National Park Service in which recreational use is highly seasonal, the Secretary concerned, acting through the relevant unit manager, may— (A) as appropriate, extend the recreation season or increase recreation use in a sustainable manner during the offseason; and (B) make information about extended season schedules and related recreational opportunities available to the public and local communities. (2) Determination In determining whether to extend the recreation season under this subsection, the Secretary concerned , acting through the relevant unit manager, shall consider the benefits of extending the recreation season— (A) for the duration of income to gateway communities; and (B) to provide more opportunities to visit resources on units of Federal recreational lands and waters to reduce crowding during peak visitation. (3) Clarification Nothing in this subsection precludes the Secretary concerned , acting through the relevant unit manager, from providing for additional recreational opportunities and uses at times other than those described in this subsection. (4) Inclusions An extension of a recreation season or an increase in recreation use during the offseason under paragraph (1) may include— (A) the addition of facilities that would increase recreation use during the offseason; and (B) improvement of access to the relevant unit to extend the recreation season. (5) Requirement An extension of a recreation season or increase in recreation use during the offseason under paragraph (1) shall be done in compliance with all applicable Federal laws, regulations, and policies, including land use plans . (6) Agreements (A) In general The Secretary concerned may enter into agreements with businesses, local governments, or other entities to share the cost of additional expenses necessary to extend the period of time during which an area of, or infrastructure on, a unit of Federal recreational lands and waters is made open to the public. (B) In-kind contributions The Secretary concerned may accept in-kind contributions of goods and services provided by businesses, local governments, or other entities for purposes of paragraph (1). ( Pub. L. 118–234, title III, § 331 , Jan. 4, 2025 , 138 Stat. 2911 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-A
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8550
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https://www.law.cornell.edu/uscode/text/16/8550#tab_default_1
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16 U.S. Code § 8550 - Savings provision
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Nothing in this part, or in any amendment made by this part, shall be construed as affecting the authority or responsibility of the Secretary of the Interior to award concessions contracts for the provision of accommodations, facilities, and services, or commercial use authorizations to provide services, to visitors to U.S. Fish and Wildlife Service refuges or units of the National Park System pursuant to subchapter II of chapter 1019 of title 54 (formerly known as the “ National Park Service Concessions Management Improvement Act of 1998”), except that sections 8543(a) , 8544 , 8548(a) , 8548(b) , and 8548(c) of this title shall also apply to commercial use authorizations under that Act. ( Pub. L. 118–234, title III, § 323 , Jan. 4, 2025 , 138 Stat. 2911 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-A
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8549
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https://www.law.cornell.edu/uscode/text/16/8549#tab_default_1
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16 U.S. Code § 8549 - Cost recovery reform
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(a) Cost recovery for special recreation permits In addition to a fee collected under section 6802 of this title or any other authorized fee collected by the Secretary concerned, the Secretary concerned may assess and collect a reasonable fee from an applicant for, or holder of, a special recreation permit to recover administrative costs incurred by the Secretary concerned for— (1) processing a proposal or application for the special recreation permit ; (2) issuing the special recreation permit ; and (3) monitoring the special recreation permit to ensure compliance with the terms and conditions of the special recreation permit . (b) De minimis exemption from cost recovery If the administrative costs described in subsection (a) are assessed on an hourly basis, the Secretary concerned shall— (1) establish an hourly de minimis threshold that exempts a specified number of hours from the assessment and collection of administrative costs described in subsection (a); and (2) charge an applicant only for any hours that exceed the de minimis threshold. (c) Multiple applications If the Secretary concerned collectively processes multiple applications for special recreation permits for the same or similar services in the same unit of Federal recreational lands and waters, the Secretary concerned shall, to the extent practicable— (1) assess from the applicants the fee described in subsection (a) on a prorated basis; and (2) apply the exemption described in subsection (b) to each applicant on an individual basis. (d) Limitation The Secretary concerned shall not assess or collect administrative costs under this section for a programmatic environmental review. (e) Cost reduction To the maximum extent practicable, the agency processing an application for a special recreation permit shall use existing studies and analysis to reduce the quantity of work and costs necessary to process the application. ( Pub. L. 118–234, title III, § 320 , Jan. 4, 2025 , 138 Stat. 2908 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-A
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8548
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https://www.law.cornell.edu/uscode/text/16/8548#tab_default_1
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16 U.S. Code § 8548 - Liability
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(a) Insurance requirements (1) In general Except as provided in paragraph (2), as a condition of issuing a special recreation permit under subsection (h)(1)(B) of section 6802 of this title (as amended by this title) or a commercial use authorization, the Secretary concerned may require the holder of the special recreation permit or commercial use authorization to have a commercial general liability insurance policy that— (A) is commensurate with the level of risk of the activities to be conducted under the special recreation permit or commercial use authorization ; and (B) includes the United States as an additional insured in an endorsement to the applicable policy. (2) Exception The Secretary concerned shall not require a holder of a special recreation permit or commercial use authorization for low-risk activities, as determined by the Secretary concerned, including commemorative ceremonies and participation by the public in a recreation activity or recreation use of a specific area of Federal recreational lands and waters in which use by the public is allocated, to comply with the requirements of paragraph (1). (b) Indemnification by governmental entities The Secretary concerned shall not require a State, State agency, State institution, or political subdivision of a State to indemnify the United States for tort liability as a condition for issuing a special recreation permit or commercial use authorization to the extent the State, State agency, State institution, or political subdivision of a State is precluded by State law from providing indemnification to the United States for tort liability, if the State, State agency, State institution, or political subdivision of the State maintains the minimum amount of liability insurance coverage required by the Federal land management agency for the activities conducted under the special recreation permit or commercial use authorization in the form of— (1) a commercial general liability insurance policy, which includes the United States as an additional insured in an endorsement to the policy, if the State is authorized to obtain commercial general liability insurance by State law; (2) self-insurance, which covers the United States as an additional insured, if authorized by State law; or (3) a combination of the coverage described in paragraphs (1) and (2). (c) Exculpatory agreements (1) In general Except as provided in paragraph (2), a Federal land management agency shall not implement, administer, or enforce any regulation, guidance, or policy prohibiting the use of an exculpatory agreement between a recreation service provider or a holder of a commercial use authorization and a customer relating to services provided under a special recreation permit or a commercial use authorization . (2) Requirements Any exculpatory agreement used by a recreation service provider or holder of a commercial use authorization for an activity authorized under a special recreation permit or commercial use authorization — (A) shall shield the United States from any liability, if otherwise allowable under Federal law; and (B) shall not waive any liability of the recreation service provider or holder of the commercial use authorization that may not be waived under the laws (including common law) of the applicable State or for gross negligence, recklessness, or willful misconduct. (3) Consistency Not later than 2 years after January 4, 2025 , the Secretaries shall— (A) review the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations ; and (B) revise any policy described in subparagraph (A) as necessary to make the policies of the Secretaries pertaining to the use of exculpatory agreements by recreation service providers and holders of commercial use authorizations consistent with this subsection and across all Federal recreational lands and waters. (d) Effect Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services. ( Pub. L. 118–234, title III, § 319 , Jan. 4, 2025 , 138 Stat. 2907 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-A
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8547
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https://www.law.cornell.edu/uscode/text/16/8547#tab_default_1
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16 U.S. Code § 8547 - Adjustment of allocated visitor-use days
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(a) Adjustments following use of allocation reviews On the completion of a use-of-allocation review conducted under section 8546(b) of this title for a special recreation permit described in paragraph (13)(A)(iv)(I) of section 6801 of this title (as amended by this title), the Secretary of Agriculture, acting through the Chief of the Forest Service , or the Secretary, as applicable, shall adjust the number of visitor-use days allocated to a recreation service provider under the special recreation permit as follows: (1) If the Secretary concerned determines that the performance of the recreation service provider was satisfactory during the most recent review conducted under subsection (a) of section 8546 of this title , the annual number of visitor-use days allocated for each remaining year of the permit shall be equal to 125 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section, during the year identified under subsection (b)(2)(B) of that section, not to exceed the level allocated to the recreation service provider on the date on which the special recreation permit was issued. (2) If the Secretary concerned determines the performance of the recreation service provider is less than satisfactory during the most recent performance review conducted under subsection (a) of section 8546 of this title , the annual number of visitor-use days allocated for each remaining year of the special recreation permit shall be equal to not more than 100 percent of the number of visitor-use days used, as determined under subsection (b)(2)(A) of that section during the year identified under subsection (b)(2)(B) of that section. (b) Temporary reassignment of unused visitor-use days The Secretary concerned may temporarily assign unused visitor-use days , made available under section 8542(c)(1)(B) of this title , to— (1) any other existing or potential recreation service provider , notwithstanding the number of visitor-use days allocated to the special recreation permit holder under the special recreation permit held or to be held by the recreation service provider ; or (2) any existing or potential holder of a special recreation permit described in clause (i) or (iii) of paragraph (13)(A) of section 6801 of this title (as amended by this title), including the public. (c) Additional capacity If unallocated visitor-use days are available, the Secretary concerned may, at any time, amend a special recreation permit to allocate additional visitor-use days to a qualified recreation service provider . ( Pub. L. 118–234, title III, § 318 , Jan. 4, 2025 , 138 Stat. 2906 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-A
|
null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8546
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https://www.law.cornell.edu/uscode/text/16/8546#tab_default_1
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16 U.S. Code § 8546 - Reviews for long-term permits
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(a) Monitoring The Secretary concerned shall monitor each recreation service provider issued a special recreation permit for compliance with the terms of the permit— (1) not less than annually or as frequently as needed (as determined by the Secretary concerned ), in the case of a temporary special recreation permit for outfitting and guiding issued under section 8545 of this title ; and (2) not less than once every 2 years or as frequently as needed (as determined by the Secretary concerned ), in the case of a special recreation permit described in paragraph (13)(A)(iv)(I) of section 6801 of this title (as amended by this title) that is issued for a term of not more than 10 years. (b) Use-of-allocation reviews (1) In general If the Secretary of Agriculture, acting through the Chief of the Forest Service , or the Secretary, as applicable, allocates visitor-use days among special recreation permits for outfitting and guiding, the Secretary of Agriculture, acting through the Chief of the Forest Service , shall, and the Secretary may, review the use by the recreation service provider of the visitor-use days allocated under a long-term special recreation permit described in paragraph (13)(A)(iv)(I) of section 6801 of this title (as amended by this title), once every 5 years. (2) Requirements of the review In conducting a review under paragraph (1), the Secretary concerned shall determine— (A) the number of visitor-use days that the recreation service provider used each year under the special recreation permit, in accordance with paragraph (3); and (B) the year in which the recreation service provider used the most visitor-use days under the special recreation permit. (3) Consideration of surrendered, unused visitor-use days For the purposes of determining the number of visitor-use days a recreation service provider used in a specified year under paragraph (2)(A), the Secretary of Agriculture, acting through the Chief of the Forest Service , and the Secretary, as applicable, shall consider an unused visitor-use day that has been surrendered under section 8542(c)(1)(B) of this title as— (A) 1/2 of a visitor-use day used; or (B) 1 visitor-use day used, if the Secretary concerned determines the use of the allocated visitor-use day had been or will be prevented by a circumstance beyond the control of the recreation service provider . ( Pub. L. 118–234, title III, § 317 , Jan. 4, 2025 , 138 Stat. 2905 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-A
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8545
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https://www.law.cornell.edu/uscode/text/16/8545#tab_default_1
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16 U.S. Code § 8545 - Forest Service and Bureau of Land Management temporary special recreation permits for outfitting and guiding
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(a) In general Not later than 180 days after January 4, 2025 , the Secretary concerned shall establish and implement a program to authorize the issuance of temporary special recreation permits for new or additional recreational uses of Federal recreational land and water managed by the Forest Service and the Bureau of Land Management . (b) Term of temporary permits A temporary special recreation permit issued under paragraph (1) [1] shall be issued for a period of not more than 2 years. (c) Conversion to long-term permit If the Secretary concerned determines that a permittee under paragraph (1) 1 has completed 2 years of satisfactory operation under the permit proposed to be converted, the Secretary may provide for the conversion of a temporary special recreation permit issued under paragraph (1) 1 to a long-term special recreation permit. (d) Effect Nothing in this subsection [2] alters or affects the authority of the Secretary to issue a special recreation permit under subsection (h)(1) of section 6802 of this title (as amended by this title). ( Pub. L. 118–234, title III, § 316 , Jan. 4, 2025 , 138 Stat. 2905 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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null
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null
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-A
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null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8544
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https://www.law.cornell.edu/uscode/text/16/8544#tab_default_1
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16 U.S. Code § 8544 - Service First Initiative; permits for multijurisdictional trips
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(a) Omitted (b) Cooperative action and sharing of resources by the Secretaries of the Interior and Agriculture (1) In general For fiscal year 2024, and each fiscal year thereafter, the Secretaries may carry out an initiative, to be known as the “Service First Initiative”, under which the Secretaries , or Federal land management agencies within their departments, may— (A) establish programs to conduct projects, planning, permitting, leasing, contracting, and other activities, either jointly or on behalf of one another; (B) co-locate in Federal offices and facilities leased by an agency of the Department of the Interior or the Department of Agriculture ; and (C) issue rules to test the feasibility of issuing unified permits, applications, and leases, subject to the limitations in this section. (2) Delegations of authority The Secretaries may make reciprocal delegations of the respective authorities, duties, and responsibilities of the Secretaries in support of the Service First Initiative agency-wide to promote customer service and efficiency. (3) Effect Nothing in this section alters, expands, or limits the applicability of any law (including regulations) to land administered by the Bureau of Land Management , National Park Service , United States Fish and Wildlife Service , or the Forest Service or matters under the jurisdiction of any other bureaus or offices of the Department of the Interior or the Department of Agriculture , as applicable. (4) Transfers of funding Subject to the availability of appropriations and to facilitate the sharing of resources under the Service First Initiative, the Secretaries are authorized to mutually transfer funds between, or reimburse amounts expended from, appropriate accounts of either Department on an annual basis, including transfers and reimbursements for multiyear projects, except that this authority may not be used in a manner that circumvents requirements or limitations imposed on the use of any of the funds so transferred or reimbursed. (5) Report The Secretaries shall submit an annual report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate describing the activities undertaken as part of the Service First Initiative in the prior year. (c) Pilot program for special recreation permits for multijurisdictional trips (1) In general Not later than 2 years after January 4, 2025 , the Secretaries shall establish a pilot program to offer to a person seeking an authorization for a multijurisdictional trip a set of separate special recreation permits or commercial use authorizations that authorizes the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs, subject to the authorities that apply to the applicable unit of Federal recreational lands and waters. (2) Minimum number of permits Not later than 4 years after January 4, 2025 , the Secretaries shall issue not fewer than 10 sets of separate special recreation permits described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title) or commercial use authorizations under the pilot program established under paragraph (1). (3) Lead agencies In carrying out the pilot program established under paragraph (1), the Secretaries shall— (A) designate a lead agency for issuing and administering a set of separate special recreation permits or commercial use authorizations ; and (B) select not fewer than 4 offices at which a person shall be able to apply for a set of separate special recreation permits or commercial use authorizations , of which— (i) not fewer than 2 offices are managed by the Secretary ; and (ii) not fewer than 2 offices are managed by the Secretary of Agriculture, acting through the Chief of the Forest Service . (4) Retention of authority by the applicable Secretary Each of the Secretaries shall retain the authority to enforce the terms, stipulations, conditions, and agreements in a set of separate special recreation permits or commercial use authorizations issued under the pilot program established under paragraph (1) that apply specifically to the use occurring on the Federal recreational lands and waters managed by the applicable Secretary, under the authorities that apply to the applicable Federal recreational lands and waters. (5) Option to apply for separate special recreation permits or commercial use authorizations A person seeking the appropriate permits or authorizations for a multijurisdictional trip may apply for— (A) a separate special recreation permit or commercial use authorization for the use of each unit of Federal recreational lands and waters on which the multijurisdictional trip occurs; or (B) a set of separate special recreational permits or commercial use authorizations made available under the pilot program established under paragraph (1). (6) Effect Nothing in this subsection applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services. ( Pub. L. 118–234, title III, § 315 , Jan. 4, 2025 , 138 Stat. 2903 .)
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16
|
https://www.law.cornell.edu/uscode/text/16
|
null
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null
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part-A
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-A
|
null
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null
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null
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null
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null
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null
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
|
subchapter-III
|
https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8543
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https://www.law.cornell.edu/uscode/text/16/8543#tab_default_1
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16 U.S. Code § 8543 - Permit administration
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(a) Permit availability (1) Notifications of permit availability (A) In general Except as provided in subparagraph (B), in an area of Federal recreational lands and waters in which use by recreation service providers is allocated, if the Secretary concerned determines that visitor-use days are available for allocation to recreation service providers or holders of a commercial use authorization for outfitting and guiding, the Secretary concerned shall publish that information on the website of the agency that administers the applicable area of Federal recreational lands and waters. (B) Effect Nothing in this paragraph— (i) applies to— (I) the reissuance of an existing special recreation permit or commercial use authorization for outfitting and guiding; or (II) the issuance of a new special recreation permit or new commercial use authorization for outfitting and guiding issued to the purchaser of— (aa) a recreation service provider that is the holder of an existing special recreation permit; or (bb) a holder of an existing commercial use authorization for outfitting and guiding; or (ii) creates a prerequisite to the issuance of a special recreation permit or commercial use authorization for outfitting and guiding or otherwise limits the authority of the Secretary concerned— (I) to issue a new special recreation permit or new commercial use authorization for outfitting and guiding; or (II) to add a new or additional use to an existing special recreation permit or an existing commercial use authorization for outfitting and guiding. (2) Updates The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public. (3) Electronic mail notifications The Secretary concerned shall establish a system by which potential applicants for special recreation permits or commercial use authorizations for outfitting and guiding may subscribe to receive notification by electronic mail of the availability of special recreation permits under section 6802(h)(1) of this title (as amended by this title) or commercial use authorizations for outfitting and guiding. (b) Permit application or proposal acknowledgment Not later than 60 days after the date on which the Secretary concerned receives a completed application or a complete proposal for a special recreation permit under section 6802(h)(1) of this title (as amended by this title), the Secretary concerned shall— (1) provide to the applicant notice acknowledging receipt of the application or proposal; and (2) (A) issue a final decision with respect to the application or proposal; or (B) provide to the applicant notice of a projected date for a final decision on the application or proposal. (c) Effect Nothing in this section applies to a concession contract issued by the National Park Service for the provision of accommodations, facilities, or services. ( Pub. L. 118–234, title III, § 314 , Jan. 4, 2025 , 138 Stat. 2902 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-A
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8542
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https://www.law.cornell.edu/uscode/text/16/8542#tab_default_1
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16 U.S. Code § 8542 - Permit flexibility
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(a) In general The Secretary concerned shall establish guidelines to allow a holder of a special recreation permit under subsection (h) of section 6802 of this title (as amended by this title), to engage in another recreational activity under the special recreation permit that is substantially similar to the specific activity authorized under the special recreation permit. (b) Criteria For the purposes of this section, a recreational activity shall be considered to be a substantially similar recreational activity if the recreational activity— (1) is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit ; (2) does not result in a greater impact on natural and cultural resources than the impact of the authorized activity; (3) does not adversely affect— (A) any other holder of a special recreation permit or other permit; or (B) any other authorized use of the Federal recreational lands and waters ; and (4) is consistent with— (A) any applicable laws (including regulations); and (B) the land management plan, resource management plan, or equivalent plan applicable to the Federal recreational lands and waters . (c) Surrender of unused visitor-use days (1) In general A recreation service provider holding a special recreation permit described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title) may— (A) notify the Secretary concerned of an inability to use visitor-use days annually allocated to the recreation service provider under the special recreation permit; and (B) surrender to the Secretary concerned the unused visitor-use days for the applicable year for temporary reassignment under section 8547(b) of this title . (2) Determination To ensure a recreation service provider described in paragraph (1) is able to make an informed decision before surrendering any unused visitor-use day under paragraph (1)(B), the Secretary concerned shall, on the request of the applicable recreation service provider , determine and notify the recreation service provider whether the unused visitor-use day meets the requirement described in section 8546(b)(3)(B) of this title before the recreation service provider surrenders the unused visitor-use day. (d) Effect Nothing in this section affects any authority of, regulation issued by, or decision of the Secretary concerned relating to the use of electric bicycles on Federal recreational lands and waters under any other Federal law. ( Pub. L. 118–234, title III, § 313 , Jan. 4, 2025 , 138 Stat. 2901 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III/part-A
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-III
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-III
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8541
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https://www.law.cornell.edu/uscode/text/16/8541#tab_default_1
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16 U.S. Code § 8541 - Permitting process improvements
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(a) In general To simplify the process of the issuance and or reissuance of special recreation permits and reduce the cost of administering special recreation permits under section 6802(h) of this title (as amended by this title), the Secretaries shall each— (1) during the period beginning on January 1, 2021 , and ending on January 1, 2025 — (A) evaluate the process for issuing special recreation permits ; and (B) based on the evaluation under subparagraph (A), identify opportunities to— (i) eliminate duplicative processes with respect to issuing special recreation permits ; (ii) reduce costs for the issuance of special recreation permits ; (iii) decrease processing times for special recreation permits ; and (iv) issue simplified special recreation permits , including special recreation permits for an organized group recreation activity or event under subsection (e); and (2) not later than 1 year after the date on which the Secretaries complete their respective evaluation and identification processes under paragraph (1), revise, as necessary, relevant agency regulations and guidance documents, including regulations and guidance documents relating to the environmental review process, for special recreation permits to implement the improvements identified under paragraph (1)(B). (b) Environmental reviews (1) In general The Secretary concerned shall, to the maximum extent practicable, utilize available tools, including tiering to existing programmatic reviews, as appropriate, to facilitate an effective and efficient environmental review process for activities undertaken by the Secretary concerned relating to the issuance of special recreation permits . (2) Categorical exclusions Not later than 2 years after January 4, 2025 , the Secretary concerned shall— (A) evaluate whether existing categorical exclusions available to the Secretary concerned on January 4, 2025 , are consistent with the provisions of this subchapter; (B) evaluate whether a modification of an existing categorical exclusion or the establishment of 1 or more new categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) is necessary to undertake an activity described in paragraph (1) in a manner consistent with the authorities and requirements in this subchapter; and (C) revise relevant agency regulations and policy statements and guidance documents, as necessary, to modify existing categorical exclusions or incorporate new categorical exclusions based on evaluations conducted under this paragraph. (c) Needs assessments Except as required under subsection (c) or (d) of section 1133 of this title , the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit under section 6802(h) of this title (as amended by this title). (d) Online applications Not later than 3 years after January 4, 2025 , the Secretaries shall make the application for a special recreation permit under section 6802(h) of this title (as amended by this title), including a reissuance of a special recreation permit under that section, available for completion and submission— (1) online; (2) by mail or electronic mail; and (3) in person at the field office for the applicable Federal recreational lands and waters . (e) Special recreation permits for an organized group recreation activity or event (1) Definitions In this subsection: (A) Special recreation permit for an organized group recreation activity or event The term “ special recreation permit for an organized group recreation activity or event ” means a special recreation permit described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 6801 of this title (as amended by this title). (B) Youth group The term “ youth group ” means a recreation service provider that predominantly serves individuals not older than 25 years of age. (2) Exemption from certain allocations of use If the Secretary concerned allocates visitor-use days available for an area or activity on Federal recreational lands and waters among recreation service providers that hold a permit described in paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title), a special recreation permit for an organized group recreation activity or event shall not be subject to that allocation of visitor-use days. (3) Issuance In accordance with paragraphs (5) and (6), if use by the general public is not subject to a limited entry permit system and if capacity is available for the times or days in which the proposed activity or event would be undertaken, on request of a recreation service provider (including a youth group ) to conduct an organized group recreation activity or event described in subclause (I) or (III) of paragraph (13)(A)(iii) of section 6801 of this title (as amended by this title), the Secretary concerned— (A) shall make a nominal effects determination to determine whether the proposed activity or event would have more than nominal effects on Federal recreational lands and waters , resources, and programs; and (B) (i) shall not require a recreation service provider (including a youth group ) to obtain a special recreation permit for an organized group recreation activity or event if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters , resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is not necessary to protect or avoid conflict on or with Federal recreational lands and waters , resources, and programs; (ii) in the case of an organized group recreation activity or event described in section 6801(13)(A)(iii)(I) of this title , may issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to any terms and conditions as are determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters , resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters , resources, and programs; (iii) in the case of an organized group recreation activity or event described in section 6801(13)(A)(iii)(III) of this title , shall issue to a recreation service provider (including a youth group) a special recreation permit for an organized group recreation activity or event, subject to such terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken would have only nominal effects on Federal recreational lands and waters , resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event is necessary to protect or avoid conflict on or with Federal recreational lands and waters , resources, and programs; and (iv) may issue to a recreation service provider (including a youth group ) a special recreation permit for an organized group recreation activity or event , subject to any terms and conditions determined to be appropriate by the Secretary concerned, if the Secretary concerned determines— (I) the proposed activity or event to be undertaken may have more than nominal effects on Federal recreational lands and waters , resources, and programs; and (II) establishing additional terms and conditions for the proposed activity or event would be necessary to protect or avoid conflict on or with Federal recreational lands and waters , resources, and programs. (4) Fees The Secretary concerned may elect not to charge a fee to a recreation service provider (including a youth group ) for a special recreation permit for an organized group recreation activity or event . (5) Savings clause Nothing in this subsection prevents the Secretary concerned from limiting or abating the allowance of a proposed activity or event under paragraph (3)(B)(i) or the issuance of a special recreation permit for an organized group recreation activity or event , based on resource conditions, administrative burdens, or safety issues. (6) Qualifications A special recreation permit for an organized group recreation activity or event issued under paragraph (3) shall be subject to the health and safety standards required by the Secretary concerned for a permit issued under paragraph (13)(A)(iv) of section 6801 of this title (as amended by this title). ( Pub. L. 118–234, title III, § 312 , Jan. 4, 2025 , 138 Stat. 2898 .)
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https://www.law.cornell.edu/uscode/text/16
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-A
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-II
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8486
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https://www.law.cornell.edu/uscode/text/16/8486#tab_default_1
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16 U.S. Code § 8486 - Assistive technology
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In carrying out this part, the Secretary concerned may enter into partnerships, contracts, or agreements with other Federal, State, Tribal, local, or private entities, including existing outfitting and guiding services, to make assistive technology available on Federal recreational lands and waters. ( Pub. L. 118–234, title II, § 216 , Jan. 4, 2025 , 138 Stat. 2886 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-A
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-II
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8485
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https://www.law.cornell.edu/uscode/text/16/8485#tab_default_1
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16 U.S. Code § 8485 - Accessible recreation opportunities
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(a) In general Not later than 1 year after January 4, 2025 , the Secretary concerned shall select a location to develop at least 2 new accessible recreation opportunities— (1) on National Forest System lands in each region of the Forest Service ; (2) on land managed by the National Park Service in each region of the National Park Service ; (3) on land managed by the Bureau of Land Management in each region of the Bureau of Land Management ; and (4) on land managed by the United States Fish and Wildlife Service in each region of the United States Fish and Wildlife Service . (b) Development In developing an accessible recreation opportunity under subsection (a), the Secretary concerned — (1) may— (A) create a new accessible recreation opportunity; or (B) modify an existing recreation opportunity into an accessible recreation opportunity; and (2) shall— (A) consult with stakeholders with respect to the feasibility and resources necessary for completing the accessible recreation opportunity; (B) ensure the accessible recreation opportunity complies with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq.) and section 794 of title 29 ; and (C) to the extent practicable, ensure that outdoor constructed features supporting the accessible recreation opportunity, including trail bridges, parking spaces and restroom facilities, meet the requirements of the Architectural Barriers Act of 1968 and section 794 of title 29 . (c) Accessible recreation opportunities The accessible recreation opportunities developed under subsection (a) may include improving accessibility or access to— (1) camp shelters, camping facilities, and camping units; (2) hunting, fishing, shooting, or archery ranges or locations; (3) snow activities, including skiing and snowboarding; (4) water activities, including kayaking, paddling, canoeing, and boat launch ramps; (5) rock climbing; (6) biking; (7) off-highway vehicle recreation; (8) picnic facilities and picnic units; (9) outdoor constructed features ; and (10) any other new or existing recreation opportunities identified in consultation with stakeholders under subsection (b)(2) and consistent with the applicable land management plan. (d) Completion Not later than 7 years after January 4, 2025 , the Secretary concerned, in coordination with stakeholders consulted with under subsection (b)(2), shall complete each accessible recreation opportunity developed under subsection (a). (e) Maps, signage, and promotional materials For each accessible recreation opportunity developed under subsection (a), the Secretary concerned shall— (1) publish and distribute maps and install signage, consistent with Architectural Barriers Act accessibility guidelines and section 794d of title 29 ; and (2) coordinate with stakeholders to leverage any non-Federal resources necessary for the development, stewardship, completion, or promotion of the accessible trail . (f) Conflict avoidance with other uses In developing each accessible recreation opportunity under subsection (a), the Secretary concerned shall ensure that the accessible recreation opportunity— (1) minimizes conflict with— (A) the uses in effect before January 4, 2025 , with respect to any Federal recreational lands and waters on which the accessible recreation opportunity is located; or (B) multiple-use areas in existence on January 4, 2025 ; and (2) complies with all applicable land use and management plans of the Federal recreational lands and waters on which the accessible recreational opportunity is located. (g) Reports (1) Interim report Not later than 3 years after January 4, 2025 , the Secretary concerned, in coordination with stakeholders and other interested organizations, shall prepare and publish an interim report that lists the accessible recreation opportunities developed under this section during the previous 3 years. (2) Final report Not later than 7 years after January 4, 2025 , the Secretary concerned, in coordination with stakeholders and other interested organizations, shall prepare and publish a final report that lists the accessible recreation opportunities developed under this section. ( Pub. L. 118–234, title II, § 215 , Jan. 4, 2025 , 138 Stat. 2884 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-A
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-II
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8484
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https://www.law.cornell.edu/uscode/text/16/8484#tab_default_1
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16 U.S. Code § 8484 - Accessible trails
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(a) In general Not later than 1 year after January 4, 2025 , the Secretary concerned shall select a location or locations to develop at least 3 new accessible trails— (1) on National Forest System lands in each region of the Forest Service ; (2) on land managed by the National Park Service in each region of the National Park Service ; (3) on land managed by the Bureau of Land Management in each region of the Bureau of Land Management ; and (4) on land managed by the United States Fish and Wildlife Service in each region of the United States Fish and Wildlife Service . (b) Development In developing an accessible trail under subsection (a), the Secretary concerned— (1) may— (A) create a new accessible trail ; (B) modify an existing trail into an accessible trail ; or (C) create an accessible trail from a combination of new and existing trails; and (2) shall— (A) consult with stakeholders with respect to the feasibility and resources necessary for completing the accessible trail ; (B) ensure the accessible trail complies with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq.) and section 794 of title 29 ; and (C) to the extent practicable, ensure that outdoor constructed features supporting the accessible trail, including trail bridges, parking spaces, and restroom facilities, meet the requirements of the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq.) and section 794 of title 29 . (c) Completion Not later than 7 years after January 4, 2025 , the Secretary concerned, in coordination with stakeholders described under subsection (b)(2), shall complete each accessible trail developed under subsection (a). (d) Maps, signage, and promotional materials For each accessible trail developed under subsection (a), the Secretary concerned shall— (1) publish and distribute maps and install signage, consistent with Architectural Barriers Act of 1968 accessibility guidelines and section 794d of title 29 ; and (2) coordinate with stakeholders to leverage any non-Federal resources necessary for the development, stewardship, completion, or promotion of the accessible trail . (e) Conflict avoidance with other uses In developing each accessible trail under subsection (a), the Secretary concerned shall ensure that the accessible trail — (1) minimizes conflict with— (A) the uses in effect before January 4, 2025 , with respect to any trail that is part of that accessible trail; (B) multiple-use areas where biking, hiking, horseback riding, off-highway vehicle recreation, or use by pack and saddle stock are existing uses on January 4, 2025 ; or (C) the purposes for which any trail is established under the National Trails System Act ( 16 U.S.C. 1241 et seq.); and (2) complies with all applicable land use and management plans of the Federal recreational lands and waters on which the accessible trail is located. (f) Reports (1) Interim report Not later than 3 years after January 4, 2025 , the Secretary concerned, in coordination with stakeholders and other interested organizations, shall prepare and publish an interim report that lists the accessible trails developed under this section during the previous 3 years. (2) Final report Not later than 7 years after January 4, 2025 , the Secretary concerned, in coordination with stakeholders and other interested organizations, shall prepare and publish a final report that lists the accessible trails developed under this section. ( Pub. L. 118–234, title II, § 214 , Jan. 4, 2025 , 138 Stat. 2883 .)
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https://www.law.cornell.edu/uscode/text/16
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-A
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-II
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8483
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https://www.law.cornell.edu/uscode/text/16/8483#tab_default_1
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16 U.S. Code § 8483 - Trail pilot program
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(a) In general Not later than 2 years after January 4, 2025 , the Secretary concerned shall carry out a pilot program to enter into partnerships with eligible entities to— (1) measure high-priority trails as part of the assessment required under section 8482 of this title ; (2) develop accessible trails under section 8484 of this title ; and (3) make minor modifications to existing trails to enhance recreational experiences for individuals with disabilities using assistive technology — (A) in compliance with all applicable land use and management plans of the Federal recreational lands and waters on which the accessible trail is located; and (B) in consultation with stakeholders, including veterans organizations and organizations with expertise or experience providing outdoor recreation opportunities to individuals with disabilities. (b) Locations (1) In general The Secretary concerned shall select no fewer than 5 units or subunits under the jurisdiction of the respective Secretary concerned to carry out the pilot program established under subsection (a). (2) Special rule of construction for the Department of the Interior In selecting the locations of the pilot program, the Secretary shall ensure that the pilot program is carried out in at least one unit managed by the— (A) National Park Service ; (B) Bureau of Land Management ; and (C) United States Fish and Wildlife Service . (c) Sunset The pilot program established under this subsection [1] shall terminate on the date that is 7 years after January 4, 2025 . ( Pub. L. 118–234, title II, § 213 , Jan. 4, 2025 , 138 Stat. 2882 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-A
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-II
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8482
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https://www.law.cornell.edu/uscode/text/16/8482#tab_default_1
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16 U.S. Code § 8482 - Trail inventory
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(a) Assessment Not later than 7 years after January 4, 2025 , the Secretary concerned shall— (1) conduct a comprehensive assessment of high-priority trails, in accordance with subsection (b), on Federal recreational lands and waters under the jurisdiction of the respective Secretary concerned, including measuring each trail’s— (A) average and minimum tread width; (B) average and maximum running slope; (C) average and maximum cross slope; (D) tread type; and (E) length; and (2) make information about such high-priority trails available (including through the use of prominently displayed links) on public websites of— (A) each of the Federal land management agencies; and (B) each relevant unit and subunit of the Federal land management agencies. (b) Selection The Secretary concerned shall select high-priority trails to be assessed under subsection (a)(1)— (1) in consultation with stakeholders, including veterans organizations and organizations with expertise or experience providing outdoor recreation opportunities to individuals with disabilities; (2) in a geographically equitable manner; and (3) in no fewer than 15 units or subunits managed by the Secretary concerned . (c) Inclusion of current assessments As part of the assessment required under subsection (a)(1), the Secretary concerned may, to the extent practicable, rely on assessments completed or data gathered prior to January 4, 2025 . (d) Public information (1) In general Not later than 7 years after January 4, 2025 , the Secretary concerned shall identify opportunities to replace signage and other publicly available information, including web page information, related to such high-priority trails and consistent with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq.) and section 794 of title 29 at high-priority trails covered by the assessment required under subsection (a)(1). (2) Tread obstacles As part of the assessment required under subsection (a)(1), the Secretary may, to the extent practicable, include photographs or descriptions of tread obstacles and barriers. (e) Assistive technology specification In publishing information about each trail under this subsection, the Secretary concerned shall make public information about trails that do not meet the Architectural Barriers Act accessibility guidelines but could otherwise provide outdoor recreation opportunities to individuals with disabilities through the use of certain assistive technology. ( Pub. L. 118–234, title II, § 212 , Jan. 4, 2025 , 138 Stat. 2881 .)
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16
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https://www.law.cornell.edu/uscode/text/16
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part-A
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II/part-A
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chapter-103
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https://www.law.cornell.edu/uscode/text/16/chapter-103
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subchapter-II
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https://www.law.cornell.edu/uscode/text/16/chapter-103/subchapter-II
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8481
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https://www.law.cornell.edu/uscode/text/16/8481#tab_default_1
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16 U.S. Code § 8481 - Accessible recreation inventory
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(a) Assessment Not later than 5 years after January 4, 2025 , the Secretary concerned shall— (1) carry out a comprehensive assessment of outdoor recreation facilities on Federal recreational lands and waters under the jurisdiction of the respective Secretary concerned to determine the accessibility of such outdoor recreation facilities, consistent with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq.) and section 794 of title 29 , including— (A) camp shelters, camping facilities, and camping units; (B) boat launch ramps; (C) hunting, fishing, shooting, or archery ranges or locations; (D) outdoor constructed features ; (E) picnic facilities and picnic units; and (F) any other outdoor recreation facilities, as determined by the Secretary concerned ; and (2) make information about such opportunities available (including through the use of prominently displayed links) on public websites of— (A) each of the Federal land management agencies; and (B) each relevant unit and subunit of the Federal land management agencies. (b) Inclusion of current assessments As part of the comprehensive assessment required under subsection (a)(1), to the extent practicable, the Secretary concerned may rely on assessments completed or data gathered prior to January 4, 2025 . (c) Public information Not later than 7 years after January 4, 2025 , the Secretary concerned shall identify opportunities to create, update, or replace signage and other publicly available information, including web page information, related to accessibility and consistent with the Architectural Barriers Act of 1968 ( 42 U.S.C. 4151 et seq.) and section 794 of title 29 at outdoor recreation facilities covered by the assessment required under subsection (a)(1). ( Pub. L. 118–234, title II, § 211 , Jan. 4, 2025 , 138 Stat. 2881 .)
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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5906
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https://www.law.cornell.edu/uscode/text/12/5906#tab_default_1
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12 U.S. Code § 5906 - State qualified payment stablecoin issuers
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(a) In general A State payment stablecoin regulator shall have supervisory, examination, and enforcement authority over all State qualified payment stablecoin issuers of such State. (b) Authority to enter into agreements with the Board A State payment stablecoin regulator may enter into a memorandum of understanding with the Board, by mutual agreement, under which the Board may participate in the supervision, examination, and enforcement of this chapter with respect to the State qualified payment stablecoin issuers of such State. (c) Sharing of information A State payment stablecoin regulator and the Board shall share information on an ongoing basis with respect to a State qualified payment stablecoin issuer of such State, including a copy of the initial application and any accompanying documents. (d) Rulemaking A State payment stablecoin regulator may issue orders and rules under section 5903 of this title applicable to State qualified payment stablecoin issuers to the same extent as the primary Federal payment stablecoin regulators issue orders and rules under section 5903 of this title applicable to permitted payment stablecoin issuers that are not State qualified payment stablecoin issuers. (e) Enforcement authority in unusual and exigent circumstances (1) Board (A) In general Subject to subparagraph (C), under unusual and exigent circumstances that the Board determines to exist, the Board may, after not less than 48 hours’ prior written notice to the applicable State payment stablecoin regulator , take an enforcement action against a State qualified payment stablecoin issuer or an institution-affiliated party of such issuer for violations of this chapter during such unusual and exigent circumstances. (B) Rulemaking Consistent with section 5913 of this title , the Board shall issue rules to set forth the unusual and exigent circumstances in which the Board may act under this paragraph. (C) Limitations If, after unusual and exigent circumstances are determined to exist pursuant to subparagraph (A), the Board determines that there is reasonable cause to believe that the continuation by a State qualified payment stablecoin issuer of any activity constitutes a serious risk to the financial safety, soundness, or stability of the State qualified payment stablecoin issuer , the Board may impose such restrictions as the Board determines to be necessary to address such risk during such unusual and exigent circumstances, which may include limitations on redemptions of payment stablecoins, and which shall be issued in the form of a directive, with the effect of a cease and desist order that has become final, to the State qualified payment stablecoin issuer and any of its affiliates, limiting— (i) transactions between the State qualified payment stablecoin issuer , a holding company, and the subsidiaries or affiliates of either the State qualified payment stablecoin issuer or the holding company; and (ii) any activities of the State qualified payment stablecoin issuer that might create a serious risk that the liabilities of a holding company and the affiliates of the holding company may be imposed on the State qualified payment stablecoin issuer . (D) Review of directive (i) Administrative review (I) In general After a directive described in subparagraph (C) is issued, the applicable State qualified payment stablecoin issuer , or any institution-affiliated party of the State qualified payment stablecoin issuer subject to the directive, may object and present to the Board, in writing, the reasons why the directive should be modified or rescinded. (II) Automatic lapse of directive If, after 10 days after the receipt of a response described in subclause (I), the Board does not affirm, modify, or rescind the directive, the directive shall automatically lapse. (ii) Judicial review (I) In general If the Board affirms or modifies a directive pursuant to clause (i), any affected party may immediately thereafter petition the United States district court for the district in which the main office of the affected party is located, or in the United States District Court for the District of Columbia, to stay, modify, terminate, or set aside the directive. (II) Relief for extraordinary cause Upon a showing of extraordinary cause, an affected party may petition for relief under subclause (I) without first pursuing or exhausting the administrative remedies under clause (i). (2) Comptroller (A) In general Subject to subparagraph (C), under unusual and exigent circumstances determined to exist by the Comptroller , the Comptroller shall, after not less than 48 hours’ prior written notice to the applicable State payment stablecoin regulator , take an enforcement action against a State qualified payment stablecoin issuer that is a nonbank entity for violations of this chapter. (B) Rulemaking Consistent with section 5913 of this title , the Comptroller shall issue rules to set forth the unusual and exigent circumstances in which the Comptroller may act under this paragraph. (C) Limitations If, after unusual and exigent circumstances are determined to exist under subparagraph (A), the Comptroller determines that there is reasonable cause to believe that the continuation of any activity by a State qualified payment stablecoin issuer that is a nonbank entity constitutes a serious risk to the financial safety, soundness, or stability of the State qualified payment stablecoin issuer that is a nonbank entity, the Comptroller shall impose such restrictions as the Comptroller determines to be necessary to address such risk during such unusual and exigent circumstances, which may include limitations on redemption of payment stablecoins, and which shall be issued in the form of a directive, with the effect of a cease and desist order that has become final, to the State qualified payment stablecoin issuer that is a nonbank entity and any of its affiliates, limiting— (i) transactions between the State qualified payment stablecoin issuer , a holding company, and the subsidiaries or affiliates of either the State qualified payment stablecoin issuer or the holding company; and (ii) any activities of the State qualified payment stablecoin issuer that might create a serious risk that the liabilities of a holding company and the affiliates of the holding company may be imposed on the State qualified payment stablecoin issuer . (D) Review of directive (i) Administrative review (I) In general After a directive described in subparagraph (C) is issued, the applicable Federal qualified payment stablecoin issuer , or any institution-affiliated party of the Federal qualified payment stablecoin issuer subject to the directive, may object and present to the Comptroller, in writing, the reasons that the directive should be modified or rescinded. (II) Automatic lapse of directive If, after 10 days after the receipt of a response described in subclause (I), the Comptroller does not affirm, modify, or rescind the directive, the directive shall automatically lapse. (ii) Judicial review (I) In general If the Comptroller affirms or modifies a directive pursuant to clause (i), any affected party may immediately thereafter petition the United States district court for the district in which the main office of the affected party is located, or in the United States District Court for the District of Columbia, to stay, modify, terminate, or set aside the directive. (II) Relief for extraordinary cause Upon a showing of extraordinary cause, an affected party may petition for relief under subclause (I) without first pursuing or exhausting the administrative remedies under clause (i). (f) Effect on State law (1) Host State law Notwithstanding any other provision of law, the laws of a host State , including laws relating to consumer protection , shall only apply to the activities conducted in the host State by an out-of-State State qualified payment stablecoin issuer to the same extent as such laws apply to the activities conducted in the host State by an out-of-State Federal qualified payment stablecoin issuer. (2) Home State law If any host State law is determined not to apply under paragraph (1), the laws of the home State of the State qualified payment stablecoin issuer shall govern the activities of the permitted payment stablecoin issuer conducted in the host State. (3) Applicability (A) In general This subsection shall only apply to an out-of- State State qualified payment stablecoin issuer chartered, licensed, or otherwise authorized to do business by a State that has a certification in place pursuant to section 5903(c) of this title . (B) Exclusion The laws applicable to an out-of- State qualified payment stablecoin issuer under paragraph (1) exclude host State laws governing the chartering , licensure, or other authorization to do business in the host State as a permitted payment stablecoin issuer pursuant to this chapter. (4) Rule of construction Except for State laws relating to the chartering , licensure, or other authorization to do business as a permitted payment stablecoin issuer, nothing in this chapter shall preempt State consumer protection laws, including common law, and the remedies available thereunder. ( Pub. L. 119–27, § 7 , July 18, 2025 , 139 Stat. 447 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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5905
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https://www.law.cornell.edu/uscode/text/12/5905#tab_default_1
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12 U.S. Code § 5905 - Supervision and enforcement with respect to Federal qualified payment stablecoin issuers and subsidiaries of insured depository institutions
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(a) Supervision (1) In general Each permitted payment stablecoin issuer that is not a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of less than $10,000,000,000 shall be subject to supervision by the appropriate primary Federal payment stablecoin regulator . (2) Submission of reports Each permitted payment stablecoin issuer described in paragraph (1) shall, upon request, submit to the appropriate primary Federal payment stablecoin regulator a report on— (A) the financial condition of the permitted payment stablecoin issuer ; (B) the systems of the permitted payment stablecoin issuer for monitoring and controlling financial and operating risks; (C) compliance by the permitted payment stablecoin issuer (and any subsidiary thereof) with this chapter; and (D) the compliance of the Federal qualified nonbank payment stablecoin issuer with the requirements of the Bank Secrecy Act and with laws authorizing the imposition of sanctions and implemented by the Secretary of the Treasury. (3) Examinations The appropriate primary Federal payment stablecoin regulator shall examine a permitted payment stablecoin issuer described in paragraph (1) in order to assess— (A) the nature of the operations and financial condition of the permitted payment stablecoin issuer ; (B) the financial, operational, technological, and other risks associated within the permitted payment stablecoin issuer that may pose a threat to— (i) the safety and soundness of the permitted payment stablecoin issuer ; or (ii) the stability of the financial system of the United States ; and (C) the systems of the permitted payment stablecoin issuer for monitoring and controlling the risks described in subparagraph (B). (4) Requirements for efficiency (A) Use of existing reports In supervising and examining a permitted payment stablecoin issuer under this subsection, a primary Federal payment stablecoin regulator shall, to the fullest extent possible, use existing reports and other supervisory information. (B) Avoidance of duplication A primary Federal payment stablecoin regulator shall, to the fullest extent possible, avoid duplication of examination activities, reporting requirements, and requests for information in carrying out this subsection with respect to a permitted payment stablecoin issuer. (C) Consideration of burden A primary Federal payment stablecoin regulator shall, with respect to any examination or request for the submission of a report under this subsection, only request examinations and reports at a cadence and in a format that is similar to that required for similarly situated entities regulated by the primary Federal payment stablecoin regulator . (b) Enforcement (1) Suspension or revocation of registration The primary Federal payment stablecoin regulator of a permitted payment stablecoin issuer that is not a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of less than $10,000,000,000 may prohibit the permitted payment stablecoin issuer from issuing payment stablecoins, if the primary Federal payment stablecoin regulator determines that such permitted payment stablecoin issuer, or an institution-affiliated party of the permitted payment stablecoin issuer is willfully or recklessly violating or has willfully or recklessly violated— (A) this chapter or any regulation or order issued under this chapter; or (B) any condition imposed in writing by the primary Federal payment stablecoin regulator in connection with a written agreement entered into between the permitted payment stablecoin issuer and the primary Federal payment stablecoin regulator . (2) Cease-and-desist proceedings If the primary Federal payment stablecoin regulator of a permitted payment stablecoin issuer that is not a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of less than $10,000,000,000 has reasonable cause to believe that the permitted payment stablecoin issuer or any institution-affiliated party of the permitted payment stablecoin issuer is violating, has violated, or is attempting to violate this chapter, any regulation or order issued under this chapter, or any written agreement entered into with the primary Federal payment stablecoin regulator or condition imposed in writing by the primary Federal payment stablecoin regulator in connection with any application or other request, the primary Federal payment stablecoin regulator may, by provisions that are mandatory or otherwise, order the permitted payment stablecoin issuer or institution-affiliated party of the permitted payment stablecoin issuer to— (A) cease and desist from such violation or practice; or (B) take affirmative action to correct the conditions resulting from any such violation or practice. (3) Removal and prohibition authority The primary Federal payment stablecoin regulator of a permitted payment stablecoin issuer that is not a State qualified payment stablecoin issuer may remove an institution-affiliated party of the permitted payment stablecoin issuer from the position or office of that institution-affiliated party or prohibit further participation in the affairs of the permitted payment stablecoin issuer or of all such permitted payment stablecoin issuers by that institution-affiliated party, if the primary Federal payment stablecoin regulator determines that— (A) the institution-affiliated party has knowingly committed a violation or attempted violation of this chapter or any regulation or order issued under this chapter; or (B) the institution-affiliated party has knowingly committed a violation of any provision of subchapter II of chapter 53 of title 31. (4) Procedures (A) In general If a primary Federal payment stablecoin regulator identifies a violation or attempted violation of this chapter or makes a determination under paragraph (1), (2), or (3), the primary Federal payment stablecoin regulator shall comply with the procedures set forth in subsections (b) and (e) of section 1818 of this title or subsections (e) and (g) of section 1786 of this title , as applicable. (B) Judicial review A person aggrieved by a final action under this subsection may obtain judicial review of such action exclusively as provided in section 1818(h) of this title or section 1786(j) of this title , as applicable. (C) Injunction A primary Federal payment stablecoin regulator may, at the discretion of the regulator, follow the procedures provided in section 1818(i)(1) of this title or section 1786(k)(1) of this title , as applicable, for judicial enforcement of any effective and outstanding notice or order issued under this subsection. (D) Temporary cease-and-desist proceedings If a primary Federal payment stablecoin regulator determines that a violation or attempted violation of this chapter or an action with respect to which a determination was made under paragraph (1), (2), or (3), or the continuation thereof, is likely to cause insolvency or significant dissipation of assets or earnings of a permitted payment stablecoin issuer, or is likely to weaken the condition of the permitted payment stablecoin issuer or otherwise prejudice the interests of the customers of the permitted payment stablecoin issuer prior to the completion of the proceedings conducted under this paragraph, the primary Federal payment stablecoin regulator may follow the procedures provided in section 1818(c) of this title or section 1786(f) of this title , as applicable, to issue a temporary cease and desist order. (5) Civil money penalties Unless otherwise specified in this chapter, the civil money penalties for violations of this chapter consist of the following: (A) Failure to be approved Any person that issues a United States dollar-denominated payment stablecoin in violation of section 5902 of this title , and any institution-affiliated party of such a person who knowingly participates in issuing such a payment stablecoin, shall be liable for a civil penalty of not more than $100,000 for each day during which such payment stablecoins are issued. (B) First tier Except as provided in subparagraph (A), a permitted payment stablecoin issuer or institution-affiliated party of such permitted payment stablecoin issuer that materially violates this chapter or any regulation or order issued under this chapter, or that materially violates any condition imposed in writing by the appropriate primary Federal payment stablecoin regulator in connection with a written agreement entered into between the permitted payment stablecoin issuer and that primary Federal payment stablecoin regulator , shall be liable for a civil penalty of not more than $100,000 for each day during which the violation continues. (C) Second tier Except as provided in subparagraph (A), and in addition to the penalties described in subparagraph (B), a permitted payment stablecoin issuer or institution-affiliated party of such permitted payment stablecoin issuer who knowingly participates in a violation of any provision of this chapter, or any regulation or order issued under this chapter, shall be liable for a civil penalty of not more than an additional $100,000 for each day during which the violation continues. (D) Procedure Any penalty imposed under this paragraph may be assessed and collected by the appropriate primary Federal payment stablecoin regulator pursuant to the procedures set forth in section 1818(i)(2) of this title or section 1786(k)(2) of this title , as applicable. (E) Notice and orders after separation from service The resignation, termination of employment or participation, or separation of an institution-affiliated party (including a separation caused by the closing of a permitted payment stablecoin issuer ) shall not affect the jurisdiction and authority of a primary Federal payment stablecoin regulator to issue any notice or order and proceed under this subsection against any such party, if such notice or order is served before the end of the 6-year period beginning on the date on which such party ceased to be an institution-affiliated party with respect to such permitted payment stablecoin issuer. (6) Non-applicability to a State qualified payment stablecoin issuer Notwithstanding anything in this subsection to the contrary, this subsection shall not apply to a State qualified payment stablecoin issuer . (c) Rule of construction Nothing in this chapter may be construed to modify or otherwise affect any right or remedy under any Federal consumer financial law, including 12 U.S.C. 5515 and 15 U.S.C. 41 et seq. ( Pub. L. 119–27, § 6 , July 18, 2025 , 139 Stat. 443 .)
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12
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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5904
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https://www.law.cornell.edu/uscode/text/12/5904#tab_default_1
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12 U.S. Code § 5904 - Approval of subsidiaries of insured depository institutions and Federal qualified payment stablecoin issuers
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(a) Application (1) In general Each primary Federal payment stablecoin regulator shall— (A) receive, review, and consider for approval applications from any insured depository institution that seeks to issue payment stablecoins through a subsidiary and any nonbank entity, Federal branch, or uninsured national bank that is chartered by the Comptroller pursuant to title LXII of the Revised Statutes, and that seeks to issue payment stablecoins as a Federal qualified payment stablecoin issuer ; and (B) establish a process and framework for the licensing, regulation, examination, and supervision of such entities that prioritizes the safety and soundness of such entities. (2) Authority to issue regulations and process applications The primary Federal payment stablecoin regulators shall, before the date described in section 5913 of this title — (A) issue regulations consistent with that section to carry out this section; and (B) pursuant to the regulations described in subparagraph (A), accept and process applications described in paragraph (1). (3) Mandatory approval process A primary Federal payment stablecoin regulator shall, upon receipt of a substantially complete application received under paragraph (1), evaluate and make a determination on each application based on the criteria established under this chapter. (b) Evaluation of applications A substantially complete application received under subsection (a) shall be evaluated by the primary Federal payment stablecoin regulator using the factors described in subsection (c). (c) Factors to be considered The factors described in this subsection are the following: (1) The ability of the applicant (or, in the case of an applicant that is an insured depository institution , the subsidiary of the applicant), based on financial condition and resources, to meet the requirements set forth under section 5903 of this title . (2) Whether an individual who has been convicted of a felony offense involving insider trading, embezzlement, cybercrime, money laundering, financing of terrorism, or financial fraud is serving as an officer or director of the applicant. (3) The competence, experience, and integrity of the officers, directors, and principal shareholders of the applicant, its subsidiaries, and parent company, including— (A) the record of those officers, directors, and principal shareholders of compliance with laws and regulations; and (B) the ability of those officers, directors, and principal shareholders to fulfill any commitments to, and any conditions imposed by, their primary Federal payment stablecoin regulator in connection with the application at issue and any prior applications. (4) Whether the redemption policy of the applicant meets the standards under section 5903(a)(1)(B) of this title . (5) Any other factors established by the primary Federal payment stablecoin regulator that are necessary to ensure the safety and soundness of the permitted payment stablecoin issuer. (d) Timing for decision; grounds for denial (1) Timing for decisions on applications (A) In general Not later than 120 days after receiving a substantially complete application under subsection (a), a primary Federal payment stablecoin regulator shall render a decision on the application. (B) Substantially complete (i) In general For purposes of subparagraph (A), an application shall be considered substantially complete if the application contains sufficient information for the primary Federal payment stablecoin regulator to render a decision on whether the applicant satisfies the factors described in subsection (c). (ii) Notification Not later than 30 days after receiving an application under subsection (a), a primary Federal payment stablecoin regulator shall notify the applicant as to whether the primary Federal payment stablecoin regulator considers the application to be substantially complete and, if the application is not substantially complete, the additional information the applicant shall provide in order for the application to be considered substantially complete. (iii) Material change in circumstances An application considered substantially complete under this subparagraph remains substantially complete unless there is a material change in circumstances that requires the primary Federal payment stablecoin regulator to treat the application as a new application. (2) Denial of application (A) Grounds for denial (i) In general A primary Federal payment stablecoin regulator shall only deny a substantially complete application received under subsection (a) if the regulator determines that the activities of the applicant would be unsafe or unsound based on the factors described in subsection (c). (ii) Issuance on open, public, or decentralized network not ground for denial The issuance of a payment stablecoin on an open, public, or decentralized network shall not be a valid ground for denial of an application received under subsection (a). (B) Explanation required If a primary Federal payment stablecoin regulator denies a complete application received under subsection (a), not later than 30 days after the date of such denial, the regulator shall provide the applicant with written notice explaining the denial with specificity, including all findings made by the regulator with respect to all identified material shortcomings in the application, including actionable recommendations on how the applicant could address the identified material shortcomings. (C) Opportunity for hearing; final determination (i) In general Not later than 30 days after the date of receipt of any notice of the denial of an application under this section, the applicant may request, in writing, an opportunity for a written or oral hearing before the primary Federal payment stablecoin regulator to appeal the denial. (ii) Timing Upon receipt of a timely request under clause (i), the primary Federal payment stablecoin regulator shall notice a time (not later than 30 days after the date of receipt of the request) and place at which the applicant may appear, personally or through counsel, to submit written materials or provide oral testimony and oral argument. (iii) Final determination Not later than 60 days after the date of a hearing under this subparagraph, the applicable primary Federal payment stablecoin regulator shall notify the applicant of a final determination, which shall contain a statement of the basis for that determination, with specific findings. (iv) Notice if no hearing If an applicant does not make a timely request for a hearing under this subparagraph, the primary Federal payment stablecoin regulator shall notify the applicant, not later than 10 days after the date by which the applicant may request a hearing under this subparagraph, in writing, that the denial of the application is a final determination of the primary Federal payment stablecoin regulator . (3) Failure to render a decision If a primary Federal payment stablecoin regulator fails to render a decision on a complete application within the time period specified in paragraph (1), the application shall be deemed approved. (4) Right to reapply The denial of an application under this section shall not prohibit the applicant from filing a subsequent application. (e) Reports on pending applications Each primary Federal payment stablecoin regulator shall— (1) notify Congress upon beginning to process applications under this chapter; and (2) annually report to Congress on the applications that have been pending for 180 days or more since the date the initial application was filed and for which the applicant has been informed that the application remains incomplete, including documentation on the status of such applications and why such applications have not yet been approved. (f) Safe harbor for pending applications The primary Federal payment stablecoin regulators may waive the application of the requirements of this chapter for a period not to exceed 12 months beginning on the effective date of this chapter, with respect to— (1) a subsidiary of an insured depository institution , if the insured depository institution has an application pending for the subsidiary to become a permitted payment stablecoin issuer on that effective date; or (2) a Federal qualified payment stablecoin issuer with a pending application on that effective date. (g) Rulemaking Consistent with section 5913 of this title , the primary Federal payment stablecoin regulators shall issue rules necessary for the regulation of the issuance of payment stablecoins, but may not impose requirements in addition to the requirements specified under section 5903 of this title . (h) Relation to other licensing requirements The provisions of this section supersede and preempt any State requirement for a charter, license, or other authorization to do business with respect to a Federal qualified payment stablecoin issuer or subsidiary of an insured depository institution or credit union that is approved under this section to be a permitted payment stablecoin issuer. Nothing in this subsection shall preempt or supersede the authority of a State to charter, license, supervise, or regulate an insured depository institution or credit union chartered in such State or to supervise a subsidiary of such insured depository institution or credit union that is approved under this section to be a permitted payment stablecoin issuer. (i) Certification required (1) In general Not later than 180 days after the approval of an application, and on an annual basis thereafter, each permitted payment stablecoin issuer shall submit to its primary Federal payment stablecoin regulator , or in the case of a State qualified payment stablecoin issuer its State payment stablecoin regulator, a certification that the issuer has implemented anti -money laundering and economic sanctions compliance programs that are reasonably designed to prevent the permitted payment stablecoin issuer from facilitating money laundering, in particular, facilitating money laundering for cartels and organizations designated as foreign terrorist organizations under section 1189 of title 8 and the financing of terrorist activities, consistent with the requirements of this chapter. (2) Availability of certifications Federal payment stablecoin regulators and State payment stablecoin regulators shall make certifications described in paragraph (1) available to the Secretary of Treasury upon request. (3) Penalties (A) Approval revocation The primary Federal payment stablecoin regulator or State payment stablecoin regulator of a permitted payment stablecoin issuer that does not submit a certification pursuant to paragraph (1) may revoke the approval of the payment stablecoin issuer under this section. (B) Criminal penalty (i) In general Any person that knowingly submits a certification pursuant to paragraph (1) that is false shall be subject to the criminal penalties set forth under section 1001 of title 18 . (ii) Referral to Attorney General If a Federal payment stablecoin regulator or State payment stablecoin regulator has reason to believe that any person has knowingly violated paragraph (1), the applicable regulator may refer the matter to the Attorney General or to the attorney general of the payment stablecoin issuer’s host State. ( Pub. L. 119–27, § 5 , July 18, 2025 , 139 Stat. 439 .)
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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null
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5903
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https://www.law.cornell.edu/uscode/text/12/5903#tab_default_1
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12 U.S. Code § 5903 - Requirements for issuing payment stablecoins
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(a) Standards for the issuance of payment stablecoins (1) In general A permitted payment stablecoin issuer shall— (A) maintain identifiable reserves backing the outstanding payment stablecoins of the permitted payment stablecoin issuer on an at least 1 to 1 basis, with reserves comprising— (i) United States coins and currency (including Federal Reserve notes) or money standing to the credit of an account with a Federal Reserve Bank; (ii) funds held as demand deposits (or other deposits that may be withdrawn upon request at any time) or insured shares at an insured depository institution (including any foreign branches or agents, including correspondent banks, of an insured depository institution ), subject to limitations established by the Corporation and the National Credit Union Administration , as applicable, to address safety and soundness risks of such insured depository institution; (iii) Treasury bills, notes, or bonds— (I) with a remaining maturity of 93 days or less; or (II) issued with a maturity of 93 days or less; (iv) money received under repurchase agreements, with the permitted payment stablecoin issuer acting as a seller of securities and with an overnight maturity, that are backed by Treasury bills with a maturity of 93 days or less; (v) reverse repurchase agreements, with the permitted payment stablecoin issuer acting as a purchaser of securities and with an overnight maturity, that are collateralized by Treasury notes, bills, or bonds on an overnight basis, subject to overcollateralization in line with standard market terms, that are— (I) tri-party; (II) centrally cleared through a clearing agency registered with the Securities and Exchange Commission ; or (III) bilateral with a counterparty that the issuer has determined to be adequately creditworthy even in the event of severe market stress; (vi) securities issued by an investment company registered under section 80a–8(a) of title 15 , or other registered Government money market fund, and that are invested solely in underlying assets described in clauses (i) through (v); (vii) any other similarly liquid Federal Government-issued asset approved by the primary Federal payment stablecoin regulator , in consultation with the State payment stablecoin regulator, if applicable, of the permitted payment stablecoin issuer; or (viii) any reserve described in clause [1] (i) through (iii) or clause [1] (vi) through (vii) in tokenized form, provided that such reserves comply with all applicable laws and regulations; (B) publicly disclose the issuer’s redemption policy, which shall— (i) establish clear and conspicuous procedures for timely redemption of outstanding payment stablecoins , provided that any discretionary limitations on timely redemptions can only be imposed by a State qualified payment stablecoin regulator, the Corporation, the Comptroller, or the Board, consistent with section 5906 of this title ; and (ii) publicly, clearly, and conspicuously disclose in plain language all fees associated with purchasing or redeeming the payment stablecoins , provided that such fees can only be changed upon not less than 7 days’ prior notice to consumers; and (C) publish the monthly composition of the issuer’s reserves on the website of the issuer, containing— (i) the total number of outstanding payment stablecoins issued by the issuer; and (ii) the amount and composition of the reserves described in subparagraph (A), including the average tenor and geographic location of custody of each category of reserve instruments. (2) Prohibition on rehypothecation Reserves required under paragraph (1)(A) may not be pledged, rehypothecated, or reused by the permitted payment stablecoin issuer , either directly or indirectly, except for the purpose of— (A) satisfying margin obligations in connection with investments in permitted reserves under clauses (iv) and (v) of paragraph (1)(A); (B) satisfying obligations associated with the use, receipt, or provision of standard custodial services; or (C) creating liquidity to meet reasonable expectations of requests to redeem payment stablecoins , such that reserves in the form of Treasury bills may be sold as purchased securities for repurchase agreements with a maturity of 93 days or less, provided that either— (i) the repurchase agreements are cleared by a clearing agency registered with the Securities and Exchange Commission ; or (ii) the permitted payment stablecoin issuer receives the prior approval of its primary Federal payment stablecoin regulator or State payment stablecoin regulator, as applicable. (3) Monthly certification; examination of reports by registered public accounting firm (A) In general A permitted payment stablecoin issuer shall, each month, have the information disclosed in the previous month-end report required under paragraph (1)(D) [2] examined by a registered public accounting firm. (B) Certification Each month, the Chief Executive Officer and Chief Financial Officer of a permitted payment stablecoin issuer shall submit a certification as to the accuracy of the monthly report to, as applicable— (i) the primary Federal payment stablecoin regulator of the permitted payment stablecoin issuer; or (ii) the State payment stablecoin regulator of the permitted payment stablecoin issuer . (C) Criminal penalty Any person who submits a certification required under subparagraph (B) knowing that such certification is false shall be subject to the same criminal penalties as those set forth under section 1350(c) of title 18 . (4) Capital, liquidity, and risk management requirements (A) In general The primary Federal payment stablecoin regulators shall, or in the case of a State qualified payment stablecoin issuer, the State payment stablecoin regulator shall, consistent with section 5913 of this title , issue regulations implementing— (i) capital requirements applicable to permitted payment stablecoin issuers that— (I) are tailored to the business model and risk profile of permitted payment stablecoin issuers ; (II) do not exceed requirements that are sufficient to ensure the ongoing operations of permitted payment stablecoin issuers ; and (III) in the case of the primary Federal payment stablecoin regulators , if the primary Federal payment stablecoin regulators determine that a capital buffer is necessary to ensure the ongoing operations of permitted payment stablecoin issuers, may include capital buffers that are tailored to the business model and risk profile of permitted payment stablecoin issuers; (ii) the liquidity standard under paragraph (1)(A); (iii) reserve asset diversification, including deposit concentration at banking institutions, and interest rate risk management standards applicable to permitted payment stablecoin issuers that— (I) are tailored to the business model and risk profile of permitted payment stablecoin issuers ; and (II) do not exceed standards that are sufficient to ensure the ongoing operations of permitted payment stablecoin issuers ; and (iv) appropriate operational, compliance, and information technology risk management principles-based requirements and standards, including Bank Secrecy Act and sanctions compliance standards, that— (I) are tailored to the business model and risk profile of permitted payment stablecoin issuers ; and (II) are consistent with applicable law. (B) Rule of construction Nothing in this paragraph shall be construed to limit— (i) the authority of the primary Federal payment stablecoin regulators , in prescribing standards under this paragraph, to tailor or differentiate among issuers on an individual basis or by category, taking into consideration the capital structure, business model risk profile, complexity, financial activities (including financial activities of subsidiaries), size, and any other risk-related factors of permitted payment stablecoin issuers that a primary Federal payment stablecoin regulator determines appropriate, provided that such tailoring or differentiation occurs without respect to whether a permitted payment stablecoin issuer is regulated by a State payment stablecoin regulator; or (ii) any supervisory, regulatory, or enforcement authority of a primary Federal payment stablecoin regulator to further the safe and sound operation of an institution for which the primary Federal payment stablecoin regulator is the appropriate regulator. (C) Applicability of existing capital standards (i) Definition In this subparagraph, the term “ depository institution holding company ” has the meaning given that term under section 5371(a)(3) of this title . (ii) Applicability of Financial Stability Act With respect to the promulgation of rules under subparagraph (A) and clauses (iii) and (iv) of this subparagraph, section 5371 of this title shall not apply. (iii) Rules relating to leverage capital requirements or risk-based capital requirements Any rule issued by an appropriate Federal banking agency that imposes, on a consolidated basis, a leverage capital requirement or risk-based capital requirement with respect to an insured depository institution or depository institution holding company shall provide that, for purposes of such leverage capital requirement or risk-based capital requirement, any insured depository institution or depository institution holding company that includes, on a consolidated basis, a permitted payment stablecoin issuer, shall not be required to hold, with respect to such permitted payment stablecoin issuer and its assets and operations, any amount of regulatory capital in excess of the capital that such permitted payment stablecoin issuer must maintain under the capital requirements issued pursuant to subparagraph (A)(i). (iv) Modifications Not later than the earlier of the rulemaking deadline under section 5913 of this title or the date on which the Federal payment stablecoin regulators issue regulations to carry out this section, each appropriate Federal banking agency shall amend or otherwise modify any regulation of the appropriate Federal banking agency described in clause (iii) so that such regulation, as amended or otherwise modified, complies with clause (iii) of this subparagraph. (5) Treatment under the Bank Secrecy Act and sanctions laws (A) In general A permitted payment stablecoin issuer shall be treated as a financial institution for purposes of the Bank Secrecy Act , and as such, shall be subject to all Federal laws applicable to a financial institution located in the United States relating to economic sanctions, prevention of money laundering, customer identification, and due diligence, including— (i) maintenance of an effective anti- money laundering program, which shall include appropriate risk assessments and designation of an officer to supervise the program; (ii) retention of appropriate records; (iii) monitoring and reporting of any suspicious transaction relevant to a possible violation of law or regulation; (iv) technical capabilities, policies, and procedures to block, freeze, and reject specific or impermissible transactions that violate Federal or State laws, rules, or regulations; (v) maintenance of an effective customer identification program, including identification and verification of account holders with the permitted payment stablecoin issuer , high-value transactions, and appropriate enhanced due diligence; and (vi) maintenance of an effective economic sanctions compliance program, including verification of sanctions lists, consistent with Federal law. (B) Rulemaking The Secretary of the Treasury shall adopt rules, tailored to the size and complexity of permitted payment stablecoin issuers , to implement subparagraph (A). (C) Reservation of authority Nothing in this chapter shall restrict the authority of the Secretary of the Treasury to implement, administer, and enforce the provisions of subchapter II of chapter 53 of title 31. (6) Coordination with permitted payment stablecoin issuers with respect to blocking of property and technological capabilities to comply with lawful orders (A) In general The Secretary of the Treasury— (i) shall, to the best of the Secretary’s ability, coordinate with a permitted payment stablecoin issuer before taking any action to block and prohibit transactions in property and interests in property of a foreign person to ensure that the permitted payment stablecoin issuer is able to effectively block a payment stablecoin of the foreign person upon issuance of the payment stablecoin; and (ii) is not required to notify any permitted payment stablecoin issuer of any intended action described in clause (i) prior to taking such action. (B) Compliance with lawful orders A permitted payment stablecoin issuer may issue payment stablecoins only if the issuer has the technological capability to comply, and will comply, with the terms of any lawful order. (C) Report required Not later than 1 year after July 18, 2025 , the Attorney General and the Secretary of the Treasury shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report, which may include a classified annex if applicable, on the coordination with permitted payment stablecoin issuers required under subparagraph (A). (D) Rule of construction Nothing in this paragraph shall be construed to alter or affect the authority of State payment stablecoin regulators with respect to the offer of foreign-issued digital assets that are issued within a foreign jurisdiction. (7) Limitation on payment stablecoin activities (A) In general A permitted payment stablecoin issuer may only— (i) issue payment stablecoins ; (ii) redeem payment stablecoins ; (iii) manage related reserves, including purchasing, selling, and holding reserve assets or providing custodial services for reserve assets, consistent with State and Federal law; (iv) provide custodial or safekeeping services for payment stablecoins , required reserves, or private keys of payment stablecoins , consistent with this chapter; and (v) undertake other activities that directly support any of the activities described in clauses (i) through (iv). (B) Rule of construction Nothing in subparagraph (A) shall limit a permitted payment stablecoin issuer from engaging in payment stablecoin activities or digital asset service provider activities specified by this chapter, and activities incidental thereto, that are authorized by the primary Federal payment stablecoin regulator or the State payment stablecoin regulator, as applicable, consistent with all other Federal and State laws, provided that the claims of payment stablecoin holders rank senior to any potential claims of non-stablecoin creditors with respect to the reserve assets, consistent with section 11. [3] (8) Prohibition on tying (A) In general A permitted payment stablecoin issuer may not provide services to a customer on the condition that the customer obtain an additional paid product or service from the permitted payment stablecoin issuer , or any of its subsidiaries, or agree to not obtain an additional product or service from a competitor. (B) Regulations The Board may issue such regulations as are necessary to carry out this paragraph, and, in consultation with other relevant primary Federal payment stablecoin regulators , may by regulation or order, permit such exceptions to subparagraph (A) as the Board considers will not be contrary to the purpose of this chapter. (9) Prohibition on the use of deceptive names (A) In general A permitted payment stablecoin issuer may not— (i) use any combination of terms relating to the United States Government, including “United States ”, “United States Government”, and “USG” in the name of a payment stablecoin ; or (ii) market a payment stablecoin in such a way that a reasonable person would perceive the payment stablecoin to be— (I) legal tender, as described in section 5103 of title 31 ; (II) issued by the United States ; or (III) guaranteed or approved by the Government of the United States . (B) Pegged stablecoins Abbreviations directly relating to the currency to which a payment stablecoin is pegged, such as “USD” , are not subject to the prohibitions in subparagraph (A). (10) Audits and reports (A) Annual financial statement (i) In general A permitted payment stablecoin issuer with more than $50,000,000,000 in consolidated total outstanding issuance, that is not subject to the reporting requirements under section 78m(a) or 78o(d) of title 15, shall prepare, in accordance with generally accepted accounting principles, an annual financial statement, which shall include the disclosure of any related party transactions, as defined by such generally accepted accounting principles. (ii) Auditor A registered public accounting firm shall perform an audit of the annual financial statements described in clause (i). (iii) Standards An audit described in clause (ii) shall be conducted in accordance with all applicable auditing standards established by the Public Company Accounting Oversight Board, including those relating to auditor independence, internal controls, and related party transactions. (iv) Rule of construction Nothing in this subparagraph shall be construed to limit, alter, or expand the jurisdiction of the Public Company Accounting Oversight Board over permitted payment stablecoin issuers or registered public accounting firms. (B) Public disclosure and submission to Federal regulators Each permitted payment stablecoin issuer required to prepare an audited annual financial statement under subparagraph (A) shall— (i) make such audited financial statements publicly available on the website of the permitted payment stablecoin issuer ; and (ii) submit such audited financial statements annually to their primary Federal payment stablecoin regulator . (C) Consultation The primary Federal payment stablecoin regulators may consult with the Public Company Accounting Oversight Board to determine best practices for determining audit oversight and to detect fraud, material misstatements, and other financial misrepresentations that could mislead permitted payment stablecoin holders. (11) Prohibition on interest No permitted payment stablecoin issuer or foreign payment stablecoin issuer shall pay the holder of any payment stablecoin any form of interest or yield (whether in cash, tokens, or other consideration) solely in connection with the holding, use, or retention of such payment stablecoin. (12) Non-financial services public companies (A) Definitions In this paragraph: (i) Financial activities The term “ financial activities ”— (I) has the meaning given that term in section 1843(k) of this title ; and (II) for the avoidance of doubt, includes those activities described in subparagraphs (A) and (B) of section 5901(7) of this title and section 5903(a)(7)(A) of this title . (ii) Public company The term “ public company ” means an issuer that is required to file reports under section 78m(a) or 78o(d) of title 15. (B) Prohibition (i) In general A public company that is not predominantly engaged in 1 or more financial activities , and its wholly or majority owned subsidiaries or affiliates, may not issue a payment stablecoin unless the public company obtains a unanimous vote of the Stablecoin Certification Review Committee finding that— (I) it will not pose a material risk to the safety and soundness of the United States banking system, the financial stability of the United States , or the Deposit Insurance Fund; (II) the public company will comply with data use limitations providing that, unless the public company receives consent from the consumer, nonpublic personal information obtained from stablecoin transaction data may not be— (aa) used to target, personalize, or rank advertising or other content; (bb) sold to any third party; or (cc) shared with non-affiliates; and (III) the public company and the affiliates of the public company will comply with the tying prohibitions under paragraph (8). (ii) Exception The prohibition under clause (i) against the sharing of consumer information shall not apply to sharing of such information— (I) to comply with Federal, State , or local laws, rules, and other applicable legal requirements; (II) to comply with a properly authorized civil, criminal, or regulatory investigation, subpoena, or summons by a Federal, State , or local authority; or (III) to respond to judicial process or a government regulatory authority having jurisdiction over the public company . (C) Extension of prohibition (i) In general Any company not domiciled in the United States or its Territories that is not predominantly engaged in 1 or more financial activities , may not issue a payment stablecoin unless the public company obtains a unanimous vote of the Stablecoin Certification Review Committee finding that— (I) it will not pose a material risk to the safety and soundness of the United States banking system, the financial stability of the United States , or the Deposit Insurance Fund; (II) the public company will comply with data use limitations providing that, unless the public company receives consent from the consumer, nonpublic personal information obtained from stablecoin transaction data may not be— (aa) used to target, personalize, or rank advertising or other content; (bb) sold to any third party; or (cc) shared with non-affiliates; except 1 (III) the public company and the affiliates of the public company will comply with the tying prohibitions under paragraph (8). (ii) Exception The prohibition under clause (i) against the sharing of consumer information shall not apply to sharing of such information— (I) to comply with Federal, State , or local laws, rules, and other applicable legal requirements; (II) to comply with a properly authorized civil, criminal, or regulatory investigation, subpoena, or summons by a Federal, State , or local authority; or (III) to respond to judicial process or a government regulatory authority having jurisdiction over the public company . (D) Rulemaking Not later than 1 year after July 18, 2025 , the Stablecoin Certification Review Committee shall issue an interpretive rule clarifying the application of this paragraph. (13) Eligibility Nothing in this chapter shall be construed as expanding or contracting legal eligibility to receive services available from a Federal Reserve bank or to make deposits with a Federal Reserve bank, in each case pursuant to the Federal Reserve Act [ 12 U.S.C. 221 et seq.]. (14) Rule of construction Compliance with this section does not alter or affect any additional requirement of a State payment stablecoin regulator that may apply relating to the offering of payment stablecoins. (b) Regulation by the Comptroller (1) In general Notwithstanding section 25b of this title , section 6 of the Home Owners’ Loan Act ( 12 U.S.C. 1465 ), or any applicable State law relating to licensing and supervision, a Federal qualified payment stablecoin issuer approved by the Comptroller pursuant to section 5904 of this title shall be licensed, regulated, examined, and supervised exclusively by the Comptroller, which shall have authority, in coordination with other relevant primary Federal payment stablecoin regulators and State payment stablecoin regulators, to issue such regulations and orders as necessary to ensure financial stability and implement subsection (a). (2) Omitted (c) State-level regulatory regimes (1) Option for State-level regulatory regime Notwithstanding the Federal regulatory framework established under this chapter, a State qualified payment stablecoin issuer with a consolidated total outstanding issuance of not more than $10,000,000,000 may opt for regulation under a State- level regulatory regime, provided that the State- level regulatory regime is substantially similar to the Federal regulatory framework under this chapter. (2) Principles The Secretary of the Treasury shall, through notice and comment rulemaking, establish broad-based principles for determining whether a State -level regulatory regime is substantially similar to the Federal regulatory framework under this chapter. (3) Review State payment stablecoin regulators shall review State- level regulatory regimes according to the principles established by the Secretary of the Treasury under paragraph (2) and for the purposes of establishing any necessary cooperative agreements to implement section 5906(f) of this title . (4) Certification (A) Initial certification Subject to subparagraph (B), not later than 1 year after the effective date of this chapter, a State payment stablecoin regulator shall submit to the Stablecoin Certification Review Committee an initial certification that the State- level regulatory regime meets the criteria for substantial similarity established pursuant to paragraph (2). (B) Form of certification The initial certification required under subparagraph (A) shall contain, in a form prescribed by the Stablecoin Certification Review Committee , an attestation that the State- level regulatory regime meets the criteria for substantial similarity established pursuant to paragraph (2). (C) Annual recertification Not later than a date to be determined by the Secretary of the Treasury each year, a State payment stablecoin regulator shall submit to the Stablecoin Certification Review Committee an additional certification that confirms the accuracy of the initial certification submitted under subparagraph (A). (5) Certification review (A) In general Not later than 30 days after the date on which a State payment stablecoin regulator submits an initial certification or a recertification under paragraph (4), the Stablecoin Certification Review Committee shall— (i) approve such certification if the Committee unanimously determines that the State -level regulatory regime meets or exceeds the standards and requirements described in subsection (a); or (ii) deny such certification and provide the State payment stablecoin regulator with a written explanation of the denial, describing the reasoned basis for the denial with sufficient detail to enable the State payment stablecoin regulator and State- level regulatory regime to make any changes necessary to meet or exceed the standards and requirements described in subsection (a). (B) Recertifications With respect to any recertification certification 1 submitted by a State payment stablecoin regulator under paragraph (4), the Stablecoin Certification Review Committee shall only deny the recertification if— (i) the State -level regulatory regime has materially changed from the prior certification or there has been a significant change in circumstances; and (ii) the material change in the regime or significant change in circumstances described in clause (i) is such that the State -level regulatory regime will not promote the safe and sound operation of State qualified payment stablecoin issuers under its supervision. (C) Opportunity to cure (i) In general With respect to a denial described under subparagraph (A) or (B), the Stablecoin Certification Review Committee shall provide the State payment stablecoin regulator with not less than 180 days from the date on which the State payment stablecoin regulator is notified of such denial to— (I) make such changes as may be necessary to ensure the State -level regulatory regime meets or exceeds the standards described in subsection (a); and (II) resubmit the initial certification or recertification. (ii) Denial If, after a State payment stablecoin regulator resubmits an initial certification or recertification under clause (i), the Stablecoin Certification Review Committee again determines that the initial certification or recertification shall result in a denial, the Stablecoin Certification Review Committee shall, not later than 30 days after such determination, provide the State payment stablecoin regulator with a written explanation for the determination. (D) Appeal of denial A State payment stablecoin regulator in receipt of a denial under subparagraph (C)(ii) may appeal the denial to the United States Court of Appeals for the District of Columbia Circuit. (E) Right to resubmit A State payment stablecoin regulator in receipt of a denial under this paragraph shall not be prohibited from resubmitting a new certification under paragraph (4). (6) List The Secretary of the Treasury shall publish and maintain in the Federal Register and on the website of the Department of the Treasury a list of States that have submitted initial certifications and recertifications under paragraph (4). (7) Expedited certifications of existing regulatory regimes The Stablecoin Certification Review Committee shall take all necessary steps to endeavor that, with respect to a State that, within 180 days of July 18, 2025 , has in effect a prudential regulatory regime (including regulations and guidance) for the supervision of digital assets or payment stablecoins, the certification process under this paragraph with respect to that regime occurs on an expedited timeline after the effective date of this chapter. (d) Transition to Federal oversight (1) Depository institution A State chartered depository institution that is a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of more than $10,000,000,000 shall— (A) not later than 360 days after the payment stablecoin reaches such threshold, transition to the Federal regulatory framework of the primary Federal payment stablecoin regulator of the State chartered depository institution, which shall be administered by the State payment stablecoin regulator of the State chartered depository institution and the primary Federal payment stablecoin regulator acting jointly; or (B) beginning on the date the payment stablecoin reaches such threshold, cease issuing new payment stablecoins until the payment stablecoin is under the $10,000,000,000 consolidated total outstanding issuance threshold. (2) Other institutions A State qualified payment stablecoin issuer not described in paragraph (1) with a payment stablecoin with a consolidated total outstanding issuance of more than $10,000,000,000 shall— (A) not later than 360 days after the payment stablecoin reaches such threshold, transition to the Federal regulatory framework under subsection (a) administered by the relevant State payment stablecoin regulator and the Comptroller, acting in coordination; or (B) beginning on the date the payment stablecoin reaches such threshold, cease issuing new payment stablecoins until the payment stablecoin is under the $10,000,000,000 consolidated total outstanding issuance threshold. (3) Waiver (A) In general Notwithstanding paragraphs (1) and (2), the applicable primary Federal payment stablecoin regulator may permit a State qualified payment stablecoin issuer with a payment stablecoin with a consolidated total outstanding issuance of more than $10,000,000,000 to remain solely supervised by a State payment stablecoin regulator. (B) Criteria for waiver The primary Federal payment stablecoin regulator shall consider the following exclusive criteria in determining whether to issue a waiver under this paragraph: (i) The capital maintained by the State qualified payment stablecoin issuer . (ii) The past operations and examination history of the State qualified payment stablecoin issuer . (iii) The experience of the State payment stablecoin regulator in supervising payment stablecoin and digital asset activities. (iv) The supervisory framework, including regulations and guidance, of the State qualified payment stablecoin issuer with respect to payment stablecoins and digital assets. (C) Rule of construction (i) Federal oversight A State qualified payment stablecoin issuer subject to Federal oversight under paragraph (1) or (2) of this subsection that does not receive a waiver under this paragraph shall continue to be supervised by the State payment stablecoin regulator of the State qualified payment stablecoin issuer jointly with the primary Federal payment stablecoin regulator . Nothing in this subsection shall require the State qualified payment stablecoin issuer to convert to a Federal charter. (ii) State oversight A State qualified payment stablecoin issuer supervised by a State payment stablecoin regulator that has established a prudential regulatory regime (including regulations and guidance) for the supervision of digital assets or payment stablecoins before the 90-day period ending on July 18, 2025 , that has been certified pursuant to subsection (c) and has approved 1 or more issuers to issue payment stablecoins under the supervision of such State payment stablecoin regulator, shall be presumptively approved for a waiver under this paragraph, unless the Federal payment stablecoin regulator finds, by clear and convincing evidence, that the requirements of subparagraph (B) are not substantially met with respect to that issuer or that the issuer poses significant safety and soundness risks to the financial system of the United States. (e) Misrepresentation of insured status (1) In general Payment stablecoins shall not be backed by the full faith and credit of the United States , guaranteed by the United States Government, subject to deposit insurance by the Federal Deposit Insurance Corporation , or subject to share insurance by the National Credit Union Administration . (2) Misrepresentation of insured status (A) In general It shall be unlawful to represent that payment stablecoins are backed by the full faith and credit of the United States, guaranteed by the United States Government, or subject to Federal deposit insurance or Federal share insurance . (B) Penalty A violation of subparagraph (A) shall be considered a violation of section 1828(a)(4) of this title or section 709 of title 18 , as applicable. (3) Marketing (A) In general It shall be unlawful to market a product in the United States as a payment stablecoin unless the product is issued pursuant to this chapter. (B) Penalty Whoever knowingly and willfully participates in a violation of subparagraph (A) shall be fined by the Department of the Treasury not more than $500,000 for each such violation. (C) Determination of the number of violations For purposes of determining the number of violations for which to impose penalties under subparagraph (B), separate acts of noncompliance are a single violation when the acts are the result of— (i) a common or substantially overlapping originating cause; or (ii) the same statement or publication. (D) Referral to Secretary of the Treasury If a Federal payment stablecoin regulator has reason to believe that any person has knowingly and willfully violated subparagraph (A), the Federal payment stablecoin regulator shall refer the matter to the Secretary of the Treasury. (f) Officers or directors convicted of certain felonies (1) In general No individual who has been convicted of a felony offense involving insider trading, embezzlement, cybercrime, money laundering, financing of terrorism, or financial fraud may serve as— (A) an officer of a payment stablecoin issuer; or (B) a director of a payment stablecoin issuer. (2) Penalty (A) In general Whoever knowingly participates in a violation of paragraph (1) shall be fined not more than $1,000,000 for each such violation, imprisoned for not more than 5 years, or both. (B) Referral to Attorney General If a Federal payment stablecoin regulator has reason to believe that any person has knowingly violated paragraph (1), the Federal payment stablecoin regulator shall refer the matter to the Attorney General. (g) Clarification relating to Federal savings association reserves A Federal savings association established under the Home Owners’ Loan Act ( 12 U.S.C. 1461 et seq.) that holds a reserve that satisfies the requirements of section 5903(a)(1) of this title shall not be required to satisfy the qualified thrift lender test under section 10(m) of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(m) ) with respect to such reserve assets. (h) Rulemaking (1) In general Consistent with section 5913 of this title , the primary Federal payment stablecoin regulators shall, and State payment stablecoin regulators may, issue such regulations relating to permitted payment stablecoin issuers as may be necessary to establish a payment stablecoin regulatory framework necessary to administer and carry out the requirements of this section, including to establish conditions, and to prevent evasion thereof. (2) Coordinated issuance of regulations All regulations issued to carry out this section shall be issued in coordination by the primary Federal payment stablecoin regulators , if not issued by a State payment stablecoin regulator. (i) Rules of construction Nothing in this chapter shall be construed— (1) as expanding the authority of the Board with respect to the services the Board can make directly available to the public; or (2) to limit or prevent the continued application of applicable ethics statutes and regulations administered by the Office of Government Ethics , or the ethics rules of the Senate and the House of Representatives , including section 208 of title 18 and sections 2635.702 and 2635.802 of title 5, Code of Federal Regulations. For the avoidance of doubt, existing Office of Government Ethics laws and the ethics rules of the Senate and the House of Representatives prohibit any member of Congress or senior executive branch official from issuing a payment stablecoin during their time in public service. For the purposes of this paragraph, an employee described in section 202 of title 18 shall be deemed an executive branch employee for purposes of complying with section 208 of that title. ( Pub. L. 119–27, § 4 , July 18, 2025 , 139 Stat. 425 .)
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https://www.law.cornell.edu/uscode/text/12
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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5902
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https://www.law.cornell.edu/uscode/text/12/5902#tab_default_1
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12 U.S. Code § 5902 - Issuance and treatment of payment stablecoins
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(a) Limitation on issuers It shall be unlawful for any person other than a permitted payment stablecoin issuer to issue a payment stablecoin in the United States. (b) Prohibition on offers or sales (1) In general Except as provided in subsection (c) and section 5916 of this title , beginning on the date that is 3 years after July 18, 2025 , it shall be unlawful for a digital asset service provider to offer or sell a payment stablecoin to a person in the United States, unless the payment stablecoin is issued by a permitted payment stablecoin issuer. (2) Foreign payment stablecoin issuers It shall be unlawful for any digital asset service provider to offer, sell, or otherwise make available in the United States a payment stablecoin issued by a foreign payment stablecoin issuer unless the foreign payment stablecoin issuer has the technological capability to comply, and will comply, with the terms of any lawful order and any reciprocal arrangement pursuant to section 5916 of this title . (c) Limited safe harbors (1) In general The Secretary of the Treasury may issue regulations providing safe harbors from subsection (a) that are— (A) consistent with the purposes of the [1] chapter; (B) limited in scope; and (C) apply [2] to a de minimis volume of transactions, as determined by the Secretary of the Treasury. (2) Unusual and exigent circumstances (A) In general If the Secretary of the Treasury determines that unusual and exigent circumstances exist, the Secretary may provide limited safe harbors from subsection (a). (B) Justification Prior to issuing a limited safe harbor under this paragraph, the Secretary of the Treasury shall submit to the chairs and ranking members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a justification for the determination of the unusual and exigent circumstances, which may be contained in a classified annex, as applicable. (d) Rulemaking Consistent with section 5913 of this title , the Secretary of the Treasury shall issue regulations to implement this section, including regulations to define terms. (e) Extraterritorial effect This section is intended to have extraterritorial effect if conduct involves the offer or sale of a payment stablecoin to a person located in the United States. (f) Penalty for violation (1) In general Whoever knowingly participates in a violation of subsection (a) shall be fined not more than $1,000,000 for each such violation, imprisoned for not more than 5 years, or both. (2) Referral to Attorney General If a primary Federal payment stablecoin regulator has reason to believe that any person has knowingly violated subsection (a), the primary Federal payment stablecoin regulator may refer the matter to the Attorney General. (g) Treatment A payment stablecoin that is not issued by a permitted payment stablecoin issuer shall not be— (1) treated as cash or as a cash equivalent for accounting purposes; (2) eligible as cash or as a cash equivalent margin and collateral for futures commission merchants, derivative clearing organizations, broker-dealers, registered clearing agencies, and swap dealers; or (3) acceptable as a settlement asset to facilitate wholesale payments between banking organizations or by a payment infrastructure to facilitate exchange and settlement among banking organizations. (h) Rules of construction (1) Exempt transactions This section shall not apply to— (A) the direct transfer of digital assets between 2 individuals acting on their own behalf and for their own lawful purposes, without the involvement of an intermediary; (B) to [3] any transaction involving the receipt of digital assets by an individual between an account owned by the individual in the United States and an account owned by the individual abroad that are offered by the same parent company; or (C) to 3 any transaction by means of a software or hardware wallet that facilitates an individual’s own custody of digital assets. (2) Treasury authority Nothing in this chapter shall alter the existing authority of the Secretary of the Treasury to block, restrict, or limit transactions involving payment stablecoins that reference or are denominated in United States dollars that are subject to the jurisdiction of the United States. ( Pub. L. 119–27, § 3 , July 18, 2025 , 139 Stat. 423 .)
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chapter-56
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https://www.law.cornell.edu/uscode/text/12/chapter-56
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5901
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https://www.law.cornell.edu/uscode/text/12/5901#tab_default_1
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12 U.S. Code § 5901 - Definitions
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In this chapter: (1) Appropriate Federal banking agency The term “ appropriate Federal banking agency ” has the meaning given that term in section 1813 of this title . (2) Bank Secrecy Act The term “ Bank Secrecy Act ” means— (A) section 1829b of this title ; (B) chapter 2 of title I of Public Law 91–508 ( 12 U.S.C. 1951 et seq.); and (C) subchapter II of chapter 53 of title 31. (3) Board The term “ Board ” means the Board of Governors of the Federal Reserve System . (4) Comptroller The term “ Comptroller ” means the Office of the Comptroller of the Currency . (5) Corporation The term “ Corporation ” means the Federal Deposit Insurance Corporation . (6) Digital asset The term “ digital asset ” means any digital representation of value that is recorded on a cryptographically secured distributed ledger . (7) Digital asset service provider The term “ digital asset service provider ”— (A) means a person that, for compensation or profit, engages in the business in the United States (including on behalf of customers or users in the United States) of— (i) exchanging digital assets for monetary value ; (ii) exchanging digital assets for other digital assets ; (iii) transferring digital assets to a third party; (iv) acting as a digital asset custodian; or (v) participating in financial services relating to digital asset issuance; and (B) does not include— (i) a distributed ledger protocol ; (ii) developing, operating, or engaging in the business of developing distributed ledger protocols or self-custodial software interfaces; (iii) an immutable and self-custodial software interface; (iv) developing, operating, or engaging in the business of validating transactions or operating a distributed ledger ; or (v) participating in a liquidity pool or other similar mechanism for the provisioning of liquidity for peer-to-peer transactions. (8) Distributed ledger The term “ distributed ledger ” means technology in which data is shared across a network that creates a public digital ledger of verified transactions or information among network participants and cryptography is used to link the data to maintain the integrity of the public ledger and execute other functions. (9) Distributed ledger protocol The term “ distributed ledger protocol ” means publicly available and accessible executable software deployed to a distributed ledger, including smart contracts or networks of smart contracts. (10) Federal branch The term “ Federal branch ” has the meaning given that term in section 1813 of this title . (11) Federal qualified payment stablecoin issuer The term “ Federal qualified payment stablecoin issuer ” means— (A) a nonbank entity , other than a State qualified payment stablecoin issuer , approved by the Comptroller, pursuant to section 5904 of this title , to issue payment stablecoins; (B) an uninsured national bank— (i) that is chartered by the Comptroller , pursuant to title LXII of the Revised Statutes; and (ii) that is approved by the Comptroller , pursuant to section 5904 of this title , to issue payment stablecoins; and (C) a Federal branch that is approved by the Comptroller, pursuant to section 5904 of this title , to issue payment stablecoins. (12) Foreign payment stablecoin issuer The term “ foreign payment stablecoin issuer ” means an issuer of a payment stablecoin that is— (A) organized under the laws of or domiciled in a foreign country, a territory of the United States , Puerto Rico , Guam, American Samoa, or the Virgin Islands; and (B) not a permitted payment stablecoin issuer . (13) Institution-affiliated party With respect to a permitted payment stablecoin issuer , the term “institution-affiliated party” means any director, officer, employee, or controlling stockholder of the permitted payment stablecoin issuer . (14) Insured credit union The term “ insured credit union ” has the meaning given that term in section 1752 of this title . (15) Insured depository institution The term “ insured depository institution ” means— (A) an insured depository institution , as defined in section 1813 of this title ; and (B) an insured credit union . (16) Lawful order The term “ lawful order ” means any final and valid writ, process, order, rule, decree, command, or other requirement issued or promulgated under Federal law, issued by a court of competent jurisdiction or by an authorized Federal agency pursuant to its statutory authority, that— (A) requires a person to seize, freeze, burn, or prevent the transfer of payment stablecoins issued by the person; (B) specifies the payment stablecoins or accounts subject to blocking with reasonable particularity; and (C) is subject to judicial or administrative review or appeal as provided by law. (17) Monetary value The term “ monetary value ” means a national currency or deposit (as defined in section 1813 of this title ) denominated in a national currency. (18) Money The term “ money ”— (A) means a medium of exchange currently authorized or adopted by a domestic or foreign government; and (B) includes a monetary unit of account established by an intergovernmental organization or by agreement between 2 or more countries. (19) National currency The term “ national currency ” means each of the following: (A) A Federal Reserve note (as the term is used in section 411 of this title ). (B) Money standing to the credit of an account with a Federal Reserve Bank. (C) Money issued by a foreign central bank. (D) Money issued by an intergovernmental organization pursuant to an agreement by 2 or more governments. (20) Nonbank entity The term “ nonbank entity ” means a person that is not a depository institution or subsidiary of a depository institution. (21) Offer The term “ offer ” means to make available for purchase, sale, or exchange. (22) Payment stablecoin The term “ payment stablecoin ”— (A) means a digital asset — (i) that is, or is designed to be, used as a means of payment or settlement; and (ii) the issuer of which— (I) is obligated to convert, redeem, or repurchase for a fixed amount of monetary value , not including a digital asset denominated in a fixed amount of monetary value ; and (II) represents that such issuer will maintain, or create the reasonable expectation that it will maintain, a stable value relative to the value of a fixed amount of monetary value ; and (B) does not include a digital asset that— (i) is a national currency ; (ii) is a deposit (as defined in section 1813 of this title ), including a deposit recorded using distributed ledger technology; or (iii) is a security, as defined in section 77b of title 15 , section 78c of title 15 , or section 80a–2 of title 15 , except that, for the avoidance of doubt, no bond, note, evidence of indebtedness, or investment contract that was issued by a permitted payment stablecoin issuer shall qualify as a security solely by virtue of its satisfying the conditions described in subparagraph (A), consistent with section 17 of this Act. (23) Permitted payment stablecoin issuer The term “ permitted payment stablecoin issuer ” means a person formed in the United States that is— (A) a subsidiary of an insured depository institution that has been approved to issue payment stablecoins under section 5904 of this title ; (B) a Federal qualified payment stablecoin issuer ; or (C) a State qualified payment stablecoin issuer . (24) Person The term “ person ” means an individual, partnership, company, corporation , association, trust, estate, cooperative organization, or other business entity, incorporated or unincorporated. (25) Primary Federal payment stablecoin regulator The term “ primary Federal payment stablecoin regulator ” means— (A) with respect to a subsidiary of an insured depository institution (other than an insured credit union) , the appropriate Federal banking agency of such insured depository institution; (B) with respect to an insured credit union or a subsidiary of an insured credit union , the National Credit Union Administration ; (C) with respect to a State chartered depository institution not specified under subparagraph (A), the Corporation, the Comptroller, or the Board; and (D) with respect to a Federal qualified payment stablecoin issuer , the Comptroller. (26) Registered public accounting firm The term “ registered public accounting firm ” has the meaning given that term under section 7201 of title 15 . (27) Stablecoin Certification Review Committee The term “ Stablecoin Certification Review Committee ” means the committee of that name and having the functions as provided in this chapter— (A) of which— (i) the Secretary of the Treasury shall serve as Chair; and (ii) the Chair of the Board (or the Vice Chair for Supervision, as delegated by the Chair of the Board ), and the Chair of the Corporation shall serve as members; and (B) which, unless otherwise specified in this chapter, shall act by ⅔ vote of its members at any meeting called by the Chair or by unanimous written consent. (28) State The term “ State ” means each of the several States of the United States , the District of Columbia, and each territory of the United States . (29) State chartered depository institution The term “ State chartered depository institution ” has the meaning given the term “State depository institution” in section 1813(c) of this title . (30) State payment stablecoin regulator The term “ State payment stablecoin regulator ” means a State agency that has primary regulatory and supervisory authority in such State over entities that issue payment stablecoins. (31) State qualified payment stablecoin issuer The term “ State qualified payment stablecoin issuer ” means an entity that— (A) is legally established under the laws of a State and approved to issue payment stablecoins by a State payment stablecoin regulator ; and (B) is not an uninsured national bank chartered by the Comptroller pursuant to title LXII of the Revised Statutes, a Federal branch , an insured depository institution , or a subsidiary of such national bank, Federal branch, or insured depository institution . (32) Subsidiary The term “ subsidiary ” has the meaning given that term in section 1813 of this title . (33) Subsidiary of an insured credit union With respect to an insured credit union , the term “ subsidiary of an insured credit union ” means— (A) an organization providing services to the insured credit union that are associated with the routine operations of credit unions, as described in section 1757(7)(I) of this title ; (B) a credit union service organization, as such term is used under part 712 of title 12, Code of Federal Regulations, with respect to which the insured credit union has an ownership interest or to which the insured credit union has extended a loan; and (C) a subsidiary of a State chartered insured credit union authorized under State law. ( Pub. L. 119–27, § 2 , July 18, 2025 , 139 Stat. 419 .)
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101924
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https://www.law.cornell.edu/uscode/text/54/101924#tab_default_1
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54 U.S. Code § 101924 - Promotion of sale of Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts
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(a) In General.— Promoting the sale of authentic United States Indian, Alaskan Native, Native Samoan, and Native Hawaiian handicrafts relating to the cultural, historical, and geographic characteristics of System units is encouraged, and the Secretary shall ensure that there is a continuing effort to enhance the handicraft trade where it exists and establish the trade in appropriate areas where the trade does not exist. (b) Exemption From Franchise Fee.— In furtherance of the purposes of subsection (a), the revenue derived from the sale of United States Indian, Alaska Native, Native Samoan, and Native Hawaiian handicrafts shall be exempt from any franchise fee payments under this subchapter. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3150 .)
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https://www.law.cornell.edu/uscode/text/54
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101923
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https://www.law.cornell.edu/uscode/text/54/101923#tab_default_1
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54 U.S. Code § 101923 - Recordkeeping requirements
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(a) In General.— A concessioner and any subconcessioner shall keep such records as the Secretary may prescribe to enable the Secretary to determine that all terms of a concession contract have been and are being faithfully performed. The Secretary and any authorized representative of the Secretary shall, for the purpose of audit and examination, have access to those records and to other records of the concessioner or subconcessioner pertinent to the concession contract and all terms and conditions of the concession contract. (b) Access to Records by Comptroller General.— The Comptroller General and any authorized representative of the Comptroller General shall, until the expiration of 5 calendar years after the close of the business year of each concessioner or subconcessioner, have access to and the right to examine any pertinent records described in subsection (a) of the concessioner or subconcessioner related to the contract involved. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3150 .)
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https://www.law.cornell.edu/uscode/text/54
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101922
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https://www.law.cornell.edu/uscode/text/54/101922#tab_default_1
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54 U.S. Code § 101922 - Use of nonmonetary consideration in concession contracts
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Section 1302 of title 40 shall not apply to concession contracts awarded by the Secretary pursuant to this subchapter. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3150 .)
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https://www.law.cornell.edu/uscode/text/54
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101524
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https://www.law.cornell.edu/uscode/text/54/101524#tab_default_1
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54 U.S. Code § 101524 - Special rule for service contract to provide transportation services
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Notwithstanding any other provision of law, a service contract entered into by the Secretary for the provision solely of transportation services in a System unit shall be not more than 10 years in length, including a base period of 5 years and annual extensions for up to an additional 5 years based on satisfactory performance and approval by the Secretary. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3134 .)
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https://www.law.cornell.edu/uscode/text/54
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101921
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https://www.law.cornell.edu/uscode/text/54/101921#tab_default_1
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54 U.S. Code § 101921 - Multiple contracts within a System unit
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If multiple concession contracts are awarded to authorize concessioners to provide the same or similar outfitting, guiding, river running, or other similar services at the same approximate location or resource within a System unit, the Secretary shall establish a comparable franchise fee structure for those contracts or similar contracts, except that the terms and conditions of any existing concession contract shall not be subject to modification or open to renegotiation by the Secretary because of an award of a new contract at the same approximate location or resource. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3149 .)
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https://www.law.cornell.edu/uscode/text/54
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101920
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https://www.law.cornell.edu/uscode/text/54/101920#tab_default_1
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54 U.S. Code § 101920 - Contracting for services
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(a) Contracting Authorized.— (1) Management elements for which contract required to maximum extent practicable.— To the maximum extent practicable, the Secretary shall contract with private entities to conduct or assist in elements of the management of the Service concession program considered by the Secretary to be suitable for non-Federal performance. Those management elements shall include each of the following: (A) Health and safety inspections. (B) Quality control of concession operations and facilities. (C) Strategic capital planning for concession facilities. (D) Analysis of rates and charges to the public. (2) Management elements for which contract allowed.— The Secretary may also contract with private entities to assist the Secretary with each of the following: (A) Preparation of the financial aspects of prospectuses for Service concession contracts. (B) Development of guidelines for a System capital improvement and maintenance program for all concession occupied facilities. (C) Making recommendations to the Director regarding the conduct of annual audits of concession fee expenditures. (b) Other Management Elements.— The Secretary shall consider, taking into account the recommendations of the Advisory Board , contracting out other elements of the concessions management program, as appropriate. (c) Authority of Secretary Not Diminished.— Nothing in this section shall diminish the governmental responsibilities and authority of the Secretary to administer concession contracts and activities pursuant to this subchapter and section 100101(a), chapter 1003, and sections 100751(a) , 100752 , 100753 , and 102101 of this title. The Secretary reserves the right to make the final decision or contract approval on contracting services dealing with the management of the Service concessions program under this section. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3149 .)
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https://www.law.cornell.edu/uscode/text/54
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101919
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https://www.law.cornell.edu/uscode/text/54/101919#tab_default_1
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54 U.S. Code § 101919 - National Park Service Concessions Management Advisory Board
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(a) Establishment and Purpose.— There is a National Park Service Concessions Management Advisory Board whose purpose shall be to advise the Secretary and Service on matters relating to management of concessions in the System. (b) Duties.— (1) Advice.— The Advisory Board shall advise on each of the following: (A) Policies and procedures intended to ensure that services and facilities provided by concessioners— (i) are necessary and appropriate; (ii) meet acceptable standards at reasonable rates with a minimum of impact on System unit resources and values; and (iii) provide the concessioners with a reasonable opportunity to make a profit. (B) Ways to make Service concession programs and procedures more cost effective, more process efficient, less burdensome, and timelier. (2) Recommendations.— The Advisory Board shall make recommendations to the Secretary regarding each of the following: (A) The Service contracting with the private sector to conduct appropriate elements of concession management. (B) Ways to make the review or approval of concessioner rates and charges to the public more efficient, less burdensome, and timelier. (C) The nature and scope of products that qualify as Indian, Alaska Native, and Native Hawaiian handicrafts within the meaning of this subchapter. (D) The allocation of concession fees. (3) Annual report.— The Advisory Board shall provide an annual report on its activities to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate . (c) Advisory Board Membership.— Members of the Advisory Board shall be appointed on a staggered basis by the Secretary for a term not to exceed 4 years and shall serve at the pleasure of the Secretary. The Advisory Board shall be comprised of not more than 7 individuals appointed from among citizens of the United States not in the employment of the Federal Government and not in the employment of or having an interest in a Service concession. Of the 7 members of the Advisory Board — (1) one member shall be privately employed in the hospitality industry and have both broad knowledge of hotel or food service management and experience in the parks and recreation concession business; (2) one member shall be privately employed in the tourism industry; (3) one member shall be privately employed in the accounting industry; (4) one member shall be privately employed in the outfitting and guide industry; (5) one member shall be a State government employee with expertise in park concession management; (6) one member shall be active in promotion of traditional arts and crafts; and (7) one member shall be active in a nonprofit conservation organization involved in parks and recreation programs. (d) Service on Advisory Board.— Service of an individual as a member of the Advisory Board shall not be deemed to be service or employment bringing the individual within the provisions of any Federal law relating to conflicts of interest or otherwise imposing restrictions, requirements, or penalties in relation to the employment of individuals, the performance of services, or the payment or receipt of compensation in connection with claims, proceedings, or matters involving the United States. Service as a member of the Advisory Board shall not be deemed service in an appointive or elective position in the Federal Government for purposes of section 8344 of title 5 or other comparable provisions of Federal law. (e) Termination.— The Advisory Board shall continue to exist until December 31, 2009 . In all other respects, it shall be subject to chapter 10 of title 5. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3147 ; Pub. L. 117–286, § 4(a)(329) , Dec. 27, 2022 , 136 Stat. 4342 .)
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https://www.law.cornell.edu/uscode/text/54
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101918
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https://www.law.cornell.edu/uscode/text/54/101918#tab_default_1
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54 U.S. Code § 101918 - Transfer or conveyance of concession contracts or leasehold surrender interests
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(a) Approval of Secretary.— No concession contract or leasehold surrender interest may be transferred, assigned, sold, or otherwise conveyed or pledged by a concessioner without prior written notification to, and approval by, the Secretary. (b) Conditions.— The Secretary shall approve a transfer or conveyance described in subsection (a) unless the Secretary finds that— (1) the individual, corporation, or other entity seeking to acquire a concession contract is not qualified or able to satisfy the terms and conditions of the concession contract; (2) the transfer or conveyance would have an adverse impact on— (A) the protection, conservation, or preservation of the resources of the System unit; or (B) the provision of necessary and appropriate facilities and services to visitors at reasonable rates and charges; and (3) the terms of the transfer or conveyance are likely, directly or indirectly, to— (A) reduce the concessioner’s opportunity for a reasonable profit over the remaining term of the concession contract; (B) adversely affect the quality of facilities and services provided by the concessioner; or (C) result in a need for increased rates and charges to the public to maintain the quality of the facilities and services. (c) Modification or Renegotiation of Terms.— The terms and conditions of any concession contract under this section shall not be subject to modification or open to renegotiation by the Secretary because of a transfer or conveyance described in subsection (a) unless the transfer or conveyance would have an adverse impact as described in subsection (b)(2). ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3147 .)
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https://www.law.cornell.edu/uscode/text/54
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101917
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https://www.law.cornell.edu/uscode/text/54/101917#tab_default_1
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54 U.S. Code § 101917 - Franchise fees
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(a) In General.— A concession contract shall provide for payment to the Federal Government of a franchise fee or other monetary consideration as determined by the Secretary, on consideration of the probable value to the concessioner of the privileges granted by the particular contract involved. Probable value shall be based on a reasonable opportunity for net profit in relation to capital invested and the obligations of the concession contract. Consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving System units and of providing necessary and appropriate services for visitors at reasonable rates. (b) Provisions To Be Specified in Contract.— The amount of the franchise fee or other monetary consideration paid to the United States for the term of the concession contract shall be specified in the concession contract and may be modified only to reflect extraordinary unanticipated changes from the conditions anticipated as of the effective date of the concession contract. The Secretary shall include in concession contracts with a term of more than 5 years a provision that allows reconsideration of the franchise fee at the request of the Secretary or the concessioner in the event of extraordinary unanticipated changes. The provision shall provide for binding arbitration in the event that the Secretary and the concessioner are unable to agree on an adjustment to the franchise fee in those circumstances. (c) Special Account in Treasury.— (1) Deposit and availability.— All franchise fees (and other monetary consideration) paid to the United States pursuant to concession contracts shall be deposited in a special account established in the Treasury. Twenty percent of the funds deposited in the special account shall be available for expenditure by the Secretary, without further appropriation, to support activities throughout the System regardless of the System unit in which the funds were collected. The funds deposited in the special account shall remain available until expended. (2) Subaccount for each system unit.— There shall be established within the special account a subaccount for each System unit. Each subaccount shall be credited with 80 percent of the franchise fees (and other monetary consideration) collected at a single System unit under concession contracts. The funds credited to the subaccount for a System unit shall be available for expenditure by the Secretary, without further appropriation, for use at the System unit for visitor services and for purposes of funding high-priority and urgently necessary resource management programs and operations. The funds credited to a subaccount shall remain available until expended. (3) Reduction.— The Secretary may reduce the percentage allocation otherwise applicable under paragraph (2) to a unit or area of the National Park Service for a fiscal year if the Secretary determines that the revenues collected at the unit or area exceed the reasonable needs of the unit or area for which expenditures may be made for that fiscal year. In no event may a percentage allocation be reduced below 60 percent. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3146 ; Pub. L. 118–42, div. E, title I, § 121 , Mar. 9, 2024 , 138 Stat. 249 .)
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https://www.law.cornell.edu/uscode/text/54
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101916
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https://www.law.cornell.edu/uscode/text/54/101916#tab_default_1
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54 U.S. Code § 101916 - Reasonableness of rates and charges
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(a) In General.— A concession contract shall permit the concessioner to set reasonable and appropriate rates and charges for facilities, goods, and services provided to the public, subject to approval under subsection (b). (b) Approval by Secretary Required.— (1) Factors to consider.— A concessioner’s rates and charges to the public shall be subject to approval by the Secretary. The approval process utilized by the Secretary shall be as prompt and as unburdensome to the concessioner as possible and shall rely on market forces to establish reasonableness of rates and charges to the maximum extent practicable. The Secretary shall approve rates and charges that the Secretary determines to be reasonable and appropriate. Unless otherwise provided in the concession contract, the reasonableness and appropriateness of rates and charges shall be determined primarily by comparison with those rates and charges for facilities, goods, and services of comparable character under similar conditions, with due consideration to the following factors and other factors deemed relevant by the Secretary: (A) Length of season. (B) Peakloads. (C) Average percentage of occupancy. (D) Accessibility. (E) Availability and costs of labor and materials. (F) Type of patronage. (2) Rates and charges not to exceed market rates and charges.— Rates and charges may not exceed the market rates and charges for comparable facilities, goods, and services, after taking into account the factors referred to in paragraph (1). (c) Implementation of Recommendations.— Not later than 6 months after receiving recommendations from the Advisory Board regarding concessioner rates and charges to the public, the Secretary shall implement the recommendations or report to Congress the reasons for not implementing the recommendations. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3145 .)
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https://www.law.cornell.edu/uscode/text/54
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101915
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https://www.law.cornell.edu/uscode/text/54/101915#tab_default_1
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54 U.S. Code § 101915 - Protection of concessioner investment
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(a) Definitions.— In this section: (1) Capital improvement.— The term “ capital improvement ” means a structure, a fixture, or nonremovable equipment provided by a concessioner pursuant to the terms of a concession contract and located on land of the United States within a System unit. (2) Consumer price index.— The term “ Consumer Price Index ” means— (A) the “ Consumer Price Index —All Urban Consumers” published by the Bureau of Labor Statistics of the Department of Labor ; or (B) if the Index is not published, another regularly published cost-of-living index approximating the Consumer Price Index . (b) Leasehold Surrender Interest in Capital Improvements.— A concessioner that constructs a capital improvement on land owned by the United States within a System unit pursuant to a concession contract shall have a leasehold surrender interest in the capital improvement subject to the following terms and conditions: (1) In general.— A concessioner shall have a leasehold surrender interest in each capital improvement constructed by a concessioner under a concession contract, consisting solely of a right to compensation for the capital improvement to the extent of the value of the concessioner’s leasehold surrender interest in the capital improvement . (2) Pledge as security.— A leasehold surrender interest may be pledged as security for financing of a capital improvement or the acquisition of a concession contract when approved by the Secretary pursuant to this subchapter. (3) Transfer and relinquishment or waiver of interest.— A leasehold surrender interest shall be transferred by the concessioner in connection with any transfer of the concession contract and may be relinquished or waived by the concessioner. (4) Limit on extinguishing or taking interest.— A leasehold surrender interest shall not be extinguished by the expiration or other termination of a concession contract and may not be taken for public use except on payment of just compensation. (5) Value of interest.— The value of a leasehold surrender interest in a capital improvement shall be an amount equal to the initial value (construction cost of the capital improvement ), increased (or decreased) by the same percentage increase (or decrease) as the percentage increase (or decrease) in the Consumer Price Index , from the date of making the investment in the capital improvement by the concessioner to the date of payment of the value of the leasehold surrender interest, less depreciation of the capital improvement as evidenced by the condition and prospective serviceability in comparison with a new unit of like kind. (6) Value of interest in certain new concession contracts.— (A) How value is determined.— The Secretary may provide, in any new concession contract that the Secretary estimates will have a leasehold surrender interest of more than $10,000,000, that the value of any leasehold surrender interest in a capital improvement shall be based on— (i) a reduction on an annual basis, in equal portions, over the same number of years as the time period associated with the straight line depreciation of the initial value (construction cost of the capital improvement ), as provided by applicable Federal income tax laws and regulations in effect on November 12, 1998 ; or (ii) an alternative formula that is consistent with the objectives of this subchapter. (B) When alternative formula may be used.— The Secretary may use an alternative formula under subparagraph (A)(ii) only if the Secretary determines, after scrutiny of the financial and other circumstances involved in the particular concession contract (including providing notice in the Federal Register and opportunity for comment), that the alternative formula is, compared to the standard method of determining value provided for in paragraph (5), necessary to provide a fair return to the Federal Government and to foster competition for the new contract by providing a reasonable opportunity to make a profit under the new contract. If no responsive offers are received in response to a solicitation that includes the alternative formula, the concession opportunity shall be resolicited with the leasehold surrender interest value as described in paragraph (5). (7) Increase in value of interest.— Where a concessioner, pursuant to the terms of a concession contract, makes a capital improvement to an existing capital improvement in which the concessioner has a leasehold surrender interest, the cost of the additional capital improvement shall be added to the then-current value of the concessioner’s leasehold surrender interest. (c) Special Rule for Possessory Interest Existing Before November 13, 1998.— (1) In general.— A concessioner that has obtained a possessory interest (as defined pursuant to the Act of October 9, 1965 (known as the National Park Service Concessions Policy Act ; Public Law 89–249 , 79 Stat. 969 ), as in effect on November 12, 1998 ) under the terms of a concession contract entered into before November 13, 1998 , shall, on the expiration or termination of the concession contract, be entitled to receive compensation for the possessory interest improvements in the amount and manner as described by the concession contract. Where that possessory interest is not described in the existing concession contract, compensation of possessory interest shall be determined in accordance with the laws in effect on November 12, 1998 . (2) Existing concessioner awarded a new contract.— A concessioner awarded a new concession contract to replace an existing concession contract after November 13, 1998 , instead of directly receiving the possessory interest compensation, shall have a leasehold surrender interest in its existing possessory interest improvements under the terms of the new concession contract and shall carry over as the initial value of the leasehold surrender interest (instead of construction cost) an amount equal to the value of the existing possessory interest as of the termination date of the previous concession contract. In the event of a dispute between the concessioner and the Secretary as to the value of the possessory interest, the matter shall be resolved through binding arbitration. (3) New concessioner awarded a contract.— A new concessioner awarded a concession contract and required to pay a prior concessioner for possessory interest in prior improvements shall have a leasehold surrender interest in the prior improvements. The initial value in the leasehold surrender interest (instead of construction cost) shall be an amount equal to the value of the existing possessory interest as of the termination date of the previous concession contract. (4) De novo review of value determination.— If the Secretary, or either party to a value determination proceeding conducted under a Service concession contract issued before November 13, 1998 , considers that the value determination decision issued pursuant to the proceeding misinterprets or misapplies relevant contractual requirements or their underlying legal authority, the Secretary or either party may seek, within 180 days after the date of the decision, de novo review of the value determination decision by the United States Court of Federal Claims . The Court of Federal Claims may make an order affirming, vacating, modifying or correcting the determination decision. (d) Transition to Successor Concessioner.— On expiration or termination of a concession contract entered into after November 13, 1998 , a concessioner shall be entitled under the terms of the concession contract to receive from the United States or a successor concessioner the value of any leasehold surrender interest in a capital improvement as of the date of the expiration or termination. A successor concessioner shall have a leasehold surrender interest in the capital improvement under the terms of a new concession contract and the initial value of the leasehold surrender interest in the capital improvement (instead of construction cost) shall be the amount of money the new concessioner is required to pay the prior concessioner for its leasehold surrender interest under the terms of the prior concession contract. (e) Title to Improvements.— Title to any capital improvement constructed by a concessioner on land owned by the United States in a System unit shall be vested in the United States. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3143 .)
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https://www.law.cornell.edu/uscode/text/54
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101914
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https://www.law.cornell.edu/uscode/text/54/101914#tab_default_1
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54 U.S. Code § 101914 - Term of concession contracts
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A concession contract entered into pursuant to this subchapter shall generally be awarded for a term of 10 years or less. The Secretary may award a contract for a term of up to 20 years if the Secretary determines that the contract terms and conditions, including the required construction of capital improvements, warrant a longer term. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3142 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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101911
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https://www.law.cornell.edu/uscode/text/54/101911#tab_default_1
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54 U.S. Code § 101911 - Definitions
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In this subchapter: (1) Advisory board.— The term “ Advisory Board ” means the National Park Service Concessions Management Advisory Board established under section 101919 of this title . (2) Preferential right of renewal.— The term “ preferential right of renewal ” means the right of a concessioner, subject to a determination by the Secretary that the facilities or services authorized by a prior contract continue to be necessary and appropriate within the meaning of section 101912 of this title , to match the terms and conditions of any competing proposal that the Secretary determines to be the best proposal for a proposed new concession contract that authorizes the continuation of the facilities and services provided by the concessioner under its prior contract. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3138 .)
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https://www.law.cornell.edu/uscode/text/54
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101913
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https://www.law.cornell.edu/uscode/text/54/101913#tab_default_1
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54 U.S. Code § 101913 - Award of concession contracts
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In furtherance of the findings and policy stated in section 101912 of this title , and except as provided by this subchapter or otherwise authorized by law, the Secretary shall utilize concession contracts to authorize a person, corporation, or other entity to provide accommodations, facilities, and services to visitors to System units. Concession contracts shall be awarded as follows: (1) Competitive selection process.— Except as otherwise provided in this section, all proposed concession contracts shall be awarded by the Secretary to the person, corporation, or other entity submitting the best proposal, as determined by the Secretary through a competitive selection process. The competitive process shall include simplified procedures for small, individually-owned entities seeking award of a concession contract. (2) Solicitation of proposals.— Except as otherwise provided in this section, prior to awarding a new concession contract (including renewals or extensions of existing concession contracts) the Secretary— (A) shall publicly solicit proposals for the concession contract; and (B) in connection with the solicitation, shall— (i) prepare a prospectus and publish notice of its availability at least once in local or national newspapers or trade publications, by electronic means, or both, as appropriate; and (ii) make the prospectus available on request to all interested persons. (3) Information to be included in prospectus.— The prospectus shall include the following information: (A) The minimum requirements for the contract as set forth in paragraph (4). (B) The terms and conditions of any existing concession contract relating to the services and facilities to be provided, including all fees and other forms of compensation provided to the United States by the concessioner. (C) Other authorized facilities or services that may be provided in a proposal. (D) Facilities and services to be provided by the Secretary to the concessioner, including public access, utilities, and buildings. (E) An estimate of the amount of compensation due an existing concessioner from a new concessioner under the terms of a prior concession contract. (F) A statement as to the weight to be given to each selection factor identified in the prospectus and the relative importance of those factors in the selection process. (G) Other information related to the proposed concession operation that is provided to the Secretary pursuant to a concession contract or is otherwise available to the Secretary, as the Secretary determines is necessary to allow for the submission of competitive proposals. (H) Where applicable, a description of a preferential right to the renewal of the proposed concession contract held by an existing concessioner as set forth in paragraph (7). (4) Consideration of proposals.— (A) Minimum requirements.— No proposal shall be considered that fails to meet the minimum requirements as determined by the Secretary. The minimum requirements shall include the following: (i) The minimum acceptable franchise fee or other forms of consideration to the Federal Government. (ii) Any facilities, services, or capital investment required to be provided by the concessioner. (iii) Measures necessary to ensure the protection, conservation, and preservation of resources of the System unit. (B) Rejection of proposal.— The Secretary shall reject any proposal, regardless of the franchise fee offered, if the Secretary determines that— (i) the person, corporation, or entity is not qualified or is not likely to provide satisfactory service; or (ii) the proposal is not responsive to the objectives of protecting and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates. (C) All proposals fail to meet mimimum [1] requirements or are rejected.— If all proposals submitted to the Secretary fail to meet the minimum requirements or are rejected by the Secretary, the Secretary shall establish new minimum contract requirements and re-initiate the competitive selection process pursuant to this section. (D) Terms and conditions materially amended or not incorporated in contract.— The Secretary may not execute a concession contract that materially amends or does not incorporate the proposed terms and conditions of the concession contract as set forth in the applicable prospectus. If proposed material amendments or changes are considered appropriate by the Secretary, the Secretary shall resolicit offers for the concession contract incorporating the material amendments or changes. (5) Selection of the best proposal.— (A) Factors in selection.— In selecting the best proposal, the Secretary shall consider the following principal factors: (i) The responsiveness of the proposal to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities and services to the public at reasonable rates. (ii) The experience and related background of the person, corporation, or entity submitting the proposal, including the past performance and expertise of the person, corporation or entity in providing the same or similar facilities or services. (iii) The financial capability of the person, corporation, or entity submitting the proposal. (iv) The proposed franchise fee, except that consideration of revenue to the United States shall be subordinate to the objectives of protecting, conserving, and preserving resources of the System unit and of providing necessary and appropriate facilities to the public at reasonable rates. (B) Secondary factors.— The Secretary may also consider such secondary factors as the Secretary considers appropriate. (C) Development of regulations.— In developing regulations to implement this subchapter, the Secretary shall consider the extent to which plans for employment of Indians (including Native Alaskans) and involvement of businesses owned by Indians, Indian tribes, or Native Alaskans in the operation of a concession contract should be identified as a factor in the selection of a best proposal under this section. (6) Congressional notification.— (A) In general.— The Secretary shall submit any proposed concession contract with anticipated annual gross receipts in excess of $5,000,000 or a duration of more than 10 years to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate . (B) Waiting period.— The Secretary shall not award any proposed concession contract to which subparagraph (A) applies until at least 60 days subsequent to the notification of both Committees. (7) Preferential right of renewal.— (A) In general.— Except as provided in subparagraph (B), the Secretary shall not grant a concessioner a preferential right to renew a concession contract, or any other form of preference to a concession contract. (B) Exception.— The Secretary shall grant a preferential right of renewal to an existing concessioner with respect to proposed renewals of the categories of concession contracts described by paragraph (8), subject to the requirements of that paragraph. (C) Entitlement to award of new contract.— A concessioner that successfully exercises a preferential right of renewal in accordance with the requirements of this subchapter shall be entitled to award of the proposed new concession contract to which the preference applies. (8) Outfitter and guide services and small contracts.— (A) Application.— Paragraph (7) shall apply only to the following: (i) Subject to subparagraph (B), concession contracts that solely authorize the provision of specialized backcountry outdoor recreation guide services that require the employment of specially trained and experienced guides to accompany System unit visitors in the backcountry so as to provide a safe and enjoyable experience for visitors who otherwise may not have the skills and equipment to engage in that activity. (ii) Subject to subparagraph (C), concession contracts with anticipated annual gross receipts under $500,000. (B) Outfitting and guide concessioners.— (i) Description.— Outfitting and guide concessioners, where otherwise qualified, include concessioners that provide guided river running, hunting, fishing, horseback, camping, and mountaineering experiences. (ii) When entitled to preferential right.— An outfitting and guide concessioner is entitled to a preferential right of renewal under this subchapter only if— (I) the contract with the outfitting and guide concessioner does not grant the concessioner any interest, including any leasehold surrender interest or possessory interest, in capital improvements on land owned by the United States within a System unit, other than a capital improvement constructed by a concessioner pursuant to the terms of a concession contract prior to November 13, 1998 , or constructed or owned by a concessioner or the concessioner’s predecessor before the subject land was incorporated into the System; (II) the Secretary determines that the concessioner has operated satisfactorily during the term of the contract (including any extension); and (III) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4). (C) Contract with estimated gross receipts of less than $500,000.— A concessioner that holds a concession contract that the Secretary estimates will result in gross annual receipts of less than $500,000 if renewed shall be entitled to a preferential right of renewal under this subchapter if— (i) the Secretary has determined that the concessioner has operated satisfactorily during the term of the contract (including any extension); and (ii) the concessioner has submitted a responsive proposal for a proposed new concession contract that satisfies the minimum requirements established by the Secretary pursuant to paragraph (4). (9) New or additional services.— The Secretary may propose to amend the applicable terms of an existing concessions contract to provide new and additional services where the Secretary determines the services are necessary and appropriate for public use and enjoyment of the unit of the National Park System in which they are located and are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the unit. Such new and additional services shall not represent a material change to the required and authorized services as set forth in the applicable prospectus or contract. (10) Authority of secretary not limited.— Nothing in this subchapter shall be construed as limiting the authority of the Secretary to determine whether to issue a concession contract or to establish its terms and conditions in furtherance of the policies expressed in this subchapter. (11) Exceptions.— Notwithstanding this section, the Secretary may award, without public solicitation, the following: (A) Temporary contract.— To avoid interruption of services to the public at a System unit, the Secretary may award a temporary concession contract or an extension of an existing concessions contract for a term not to exceed 3 years, except that prior to making the award, the Secretary shall take all reasonable and appropriate steps to consider alternatives to avoid the interruption. (B) Contract in extraordinary circumstances.— The Secretary may award a concession contract in extraordinary circumstances where compelling and equitable considerations require the award of a concession contract to a particular party in the public interest. Award of a concession contract under this subparagraph shall not be made by the Secretary until at least 30 days after— (i) publication in the Federal Register of notice of the Secretary’s intention to award the contract and the reasons for the action; and (ii) submission of notice to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives . ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3138 ; Pub. L. 114–289, title V, § 502 , Dec. 16, 2016 , 130 Stat. 1490 .)
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https://www.law.cornell.edu/uscode/text/54
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101912
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https://www.law.cornell.edu/uscode/text/54/101912#tab_default_1
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54 U.S. Code § 101912 - Findings and declaration of policy
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(a) Findings.— In furtherance of section 100101(a), Congress finds that the preservation and conservation of System unit resources and values requires that public accommodations, facilities, and services that have to be provided within those System units should be provided only under carefully controlled safeguards against unregulated and indiscriminate use, so that— (1) visitation will not unduly impair those resources and values; and (2) development of public accommodations, facilities, and services within System units can best be limited to locations that are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System units. (b) Declaration of Policy.— It is the policy of Congress that the development of public accommodations, facilities, and services in System units shall be limited to accommodations, facilities, and services that— (1) are necessary and appropriate for public use and enjoyment of the System unit in which they are located; and (2) are consistent to the highest practicable degree with the preservation and conservation of the resources and values of the System unit. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3138 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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100707
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https://www.law.cornell.edu/uscode/text/54/100707#tab_default_1
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54 U.S. Code § 100707 - Confidentiality of information
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Information concerning the nature and specific location of a System resource that is endangered, threatened, rare, or commercially valuable, of mineral or paleontological objects within System units, or of objects of cultural patrimony within System units, may be withheld from the public in response to a request under section 552 of title 5 unless the Secretary determines that— (1) disclosure of the information would further the purposes of the System unit in which the resource or object is located and would not create an unreasonable risk of harm, theft, or destruction of the resource or object, including individual organic or inorganic specimens; and (2) disclosure is consistent with other laws protecting the resource or object. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3106 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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100706
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https://www.law.cornell.edu/uscode/text/54/100706#tab_default_1
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54 U.S. Code § 100706 - Integration of study results into management decisions
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The Secretary shall take such measures as are necessary to ensure the full and proper utilization of the results of scientific study for System unit management decisions. In each case in which an action undertaken by the Service may cause a significant adverse effect on a System unit resource, the administrative record shall reflect the manner in which System unit resource studies have been considered. The trend in the condition of resources of the System shall be a significant factor in the annual performance evaluation of each superintendent of a System unit. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3106 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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100705
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https://www.law.cornell.edu/uscode/text/54/100705#tab_default_1
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54 U.S. Code § 100705 - Availability of System units for scientific study
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(a) In General.— The Secretary may solicit, receive, and consider requests from Federal or non-Federal public or private agencies, organizations, individuals, or other entities for the use of any System unit for purposes of scientific study. (b) Criteria.— A request for use of a System unit under subsection (a) may be approved only if the Secretary determines that the proposed study— (1) is consistent with applicable laws and Service management policies; and (2) will be conducted in a manner that poses no threat to the System unit resources or public enjoyment derived from System unit resources. (c) Fee Waiver.— The Secretary may waive any System unit admission or recreational use fee in order to facilitate the conduct of scientific study under this section. (d) Benefit-Sharing Arrangements.— The Secretary may negotiate for and enter into equitable, efficient benefit-sharing arrangements with the research community and private industry. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3106 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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100704
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https://www.law.cornell.edu/uscode/text/54/100704#tab_default_1
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54 U.S. Code § 100704 - Inventory and monitoring program
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The Secretary shall undertake a program of inventory and monitoring of System resources to establish baseline information and to provide information on the long-term trends in the condition of System resources. The monitoring program shall be developed in cooperation with other Federal monitoring and information collection efforts to ensure a cost-effective approach. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3105 .)
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https://www.law.cornell.edu/uscode/text/54
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100703
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https://www.law.cornell.edu/uscode/text/54/100703#tab_default_1
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54 U.S. Code § 100703 - Cooperative study units
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The Secretary shall enter into cooperative agreements with colleges and universities, including land grant schools, in partnership with other Federal and State agencies, to establish cooperative study units to conduct multi-disciplinary research and develop integrated information products on the resources of the System, or the larger region of which System units are a part. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3105 .)
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https://www.law.cornell.edu/uscode/text/54
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100702
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https://www.law.cornell.edu/uscode/text/54/100702#tab_default_1
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54 U.S. Code § 100702 - Research mandate
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The Secretary shall ensure that management of System units is enhanced by the availability and utilization of a broad program of the highest quality science and information. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3105 .)
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https://www.law.cornell.edu/uscode/text/54
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100503
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https://www.law.cornell.edu/uscode/text/54/100503#tab_default_1
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54 U.S. Code § 100503 - Five-year strategic plans
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(a) Strategic and Performance Plans.— Each System unit shall prepare and make available to the public a 5-year strategic plan and an annual performance plan. The plans shall reflect the Service policies, goals, and outcomes represented in the Service-wide strategic plan prepared pursuant to section 306 of title 5 . (b) Annual Budget.— (1) In general.— As a part of the annual performance plan for a System unit prepared pursuant to subsection (a), following receipt of the appropriation for the unit from the Operations of the National Park System account (but not later than January 1 of each year), the superintendent of the System unit shall develop and make available to the public the budget for the current fiscal year for that System unit. (2) Contents.— The budget shall include— (A) funding allocations for resource preservation (including resource management), visitor services (including maintenance, interpretation, law enforcement, and search and rescue), and administration; and (B) allocations into each of the categories in subparagraph (A) of all funds retained from fees collected for that year, including special use permits, concession franchise fees, and recreation use and entrance fees. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3098 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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101322
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https://www.law.cornell.edu/uscode/text/54/101322#tab_default_1
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54 U.S. Code § 101322 - Management development and training
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The Secretary shall maintain a clear plan for management training and development under which career professional Service employees from any appropriate academic field may obtain sufficient training, experience, and advancement opportunity to enable those qualified to move into System unit management positions, including the position of superintendent of a System unit. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3126 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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101321
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https://www.law.cornell.edu/uscode/text/54/101321#tab_default_1
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54 U.S. Code § 101321 - Service employee training
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The Secretary shall develop a comprehensive training program for employees in all professional careers in the workforce of the Service for the purpose of ensuring that the workforce has available the best up-to-date knowledge, skills, and abilities with which to manage, interpret, and protect the resources of the System. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3125 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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100701
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https://www.law.cornell.edu/uscode/text/54/100701#tab_default_1
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54 U.S. Code § 100701 - Protection, interpretation, and research in System
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Recognizing the ever increasing societal pressures being placed upon America’s unique natural and cultural resources contained in the System, the Secretary shall continually improve the ability of the Service to provide state-of-the-art management, protection, and interpretation of, and research on, the resources of the System. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3105 .)
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54
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https://www.law.cornell.edu/uscode/text/54
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308705
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https://www.law.cornell.edu/uscode/text/54/308705#tab_default_1
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54 U.S. Code § 308705 - Designation of America’s National Maritime Museum
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(a) In General.— America’s National Maritime Museum shall be composed of the museums designated by law to be museums of America’s National Maritime Museum on the basis that the museums— (1) house a collection of maritime artifacts clearly representing the Nation’s maritime heritage; and (2) provide outreach programs to educate the public about the Nation’s maritime heritage. (b) Initial Designation.— The following museums (meeting the criteria specified in subsection (a)) are designated as museums of America’s National Maritime Museum: (1) The Mariners’ Museum, located at 100 Museum Drive, Newport News, Virginia. (2) The South Street Seaport Museum, located at 207 Front Street, New York, New York. (c) Future Designation of Other Museums Not Precluded.— The designation of the museums referred to in subsection (b) as museums of America’s National Maritime Museum does not preclude the designation by law of any other museum that meets the criteria specified in subsection (a) as a museum of America’s National Maritime Museum. (d) Reference to Museums.— Any reference in any law, map, regulation, document, paper, or other record of the United States to a museum designated by law to be a museum of America’s National Maritime Museum shall be deemed to be a reference to that museum as a museum of America’s National Maritime Museum. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3242 .)
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https://www.law.cornell.edu/uscode/text/54
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308707
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https://www.law.cornell.edu/uscode/text/54/308707#tab_default_1
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54 U.S. Code § 308707 - Applicability of other authorities
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The authorities contained in this chapter shall be in addition to, and shall not be construed to supersede or modify those contained in division A of this subtitle. ( Pub. L. 113–287, § 3 , Dec. 19, 2014 , 128 Stat. 3243 .)
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