Senators Joe Manchin (D-WV) and John Barrasso (R-WY) introduced America’s Outdoor Recreation Act of 2023 (AORA) on March 16th, a sweeping bill that consolidates several smaller pieces of outdoor legislation. The bill has bipartisan support and could significantly transform federal public lands policy.
AORA merges essential elements of earlier bills that previously stalled in Congress: the Simplifying Outdoor Access for Recreation (SOAR) Act, the Outdoor Recreation Act, and the Recreation Not Red Tape Act. Title IV of the AORA also includes language from Senator Barrasso’s previously introduced FILM Act, which will allow for YouTube and TikTok creators to once again, film content on public lands.
Back-and-forth legal rulings in the ongoing case of independent filmmaker Gordon Price, led federal land management agencies to issue reasonable interim filming restrictions in February of 2022, only to reverse course and re-implement far more restrictive filming permit requirements in October of 2022.
The most recent National Park Service permit guidelines explicitly call out YouTube and Tiktok filmmakers, who were previously termed “low impact” creators, among those who must obtain filming permits.
This legislation attempts to remove what Senator Barrasso himself termed an “unconstitutional permitting scheme”, and if passed, will allow monetized content creators to once again, film on public lands when their production involves less than 6 individuals.
Further, AORA seeks to reauthorize the Federal Lands Recreation Enhancement Act (FLREA), an act that allows federal land management agencies to charge fees for permits and recreational pursuits on federal land. Language in this bill proposes finalizing this act, which previously required periodic Congressional renewal.
FLREA is the method by which the controversial Rec.gov public land reservation system has gained traction. Many national parks are now requiring reservations to gain access to their park’s interior, and according to a recently filed lawsuit in a Virginia Federal Court, this arrangement brings a financial windfall of tens, if not hundreds of millions of dollars to a multi-billion dollar, for-profit company named Booz Allen Hamilton, based in northern Virginia.
Nevertheless, the bill enjoys broad support among outdoor advocacy groups such as the Outdoor Alliance, which has created a letter submission portal on its website to make it easier for anyone to voice their opinions on the bill. The bill had previously been introduced by Manchin in 2021, but a version of it did not receive a vote in May 2022.
The bill is wide-sweeping, and concerns a great deal more than filming requirements on federal land and the FLREA. It seeks to establish a system of long-distance biking trails on public lands, enhance protective measures in climbing areas, and to increase the number of shooting ranges on public lands.
According to the Outdoor Recreation Roundtable Association, the legislation would meet the growing demand for outdoor access, preserve public lands and waters for future use, improve experiences and access for all, promote conservation efforts, mitigate the impacts of increasing visitation, and continue to grow the outdoor recreation economy, which is worth $862 billion in annual economic output and accounts for 1.9% of the GDP and 4.5 million American jobs.
AORA’s key initiatives, as summarized by the Senate Committee on Energy and Natural Resources, include directing the Department of the Interior and the Forest Service to establish a pilot program for public-private partnership agreements to modernize campgrounds on federal land, ensuring outdoor recreation is considered alongside other uses of federal land, and supporting local businesses adjacent to recreation areas.
Additionally, it aims to improve access to public lands, designate more shooting ranges, modernize recreation sites with broadband internet infrastructure, and identify opportunities to extend the public’s access to federal lands during shoulder seasons.
The bill has broad support from state outdoor recreation offices, organizations, and brands, and the Outdoor Recreation Roundtable Association noted that the legislation would not permit unplanned recreation that could damage natural resources, add to taxpayer costs, contribute to degradation of resources, amend the Wilderness Act or any other conservation law, or cut off access for any user group.
April will bring a vote on the proposed legislation in the Energy and Natural Resource Committee, where it is expected to pass. At that point, it will move toward a full Senate vote, and if it enjoys support there, it’s on to the House of Representatives, where it could be further modified.
We’ll keep you posted on the bill’s progress.
