Secretarial Order 3366

SO 3366.pdf

U.S. Fish and Wildlife Service Preliminary Land Acquisition Processes

Secretarial Order 3366

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THE SECRETARY OF THE INTERIOR
WASHINGTON

ORDER NO. 3366
Subject: Increasing Recreational Opportunities on Lands and Waters Managed by the
U.S. Department of the Interior
Sec. 1 Purpose. The purpose of this Order is to ensure public lands and waters under the
management and administration of the U.S. Department of the Interior (Department) are open
and accessible for recreational pursuits by all Americans and visitors to the United States. This
Order:
a)
requires certain bureaus to: 1) create a plan that develops new, or increases and
expands existing, recreational opportunities that are consistent and comply with all applicable
laws and regulations; 2) provide recommendations for improving and streamlining relevant
permitting requirements for guides and outfitters and facilitated outdoor recreation providers;
and 3) improve contracting processes for recreation-specific concessioners; and
b)
directs the respective heads of bureaus to designate one full-time employee to
oversee recreational opportunities, including implementation of this Order.
Sec. 2 Authorities. This Order is issued under the authority of section 2 of Reorganization Plan
No. 3 of 1950 (64 Stat. 1262), as amended, and the Department's land and resource management
authorities, including the following:
a)

Fish and Wildlife Act of 1956, as amended, 16 U.S.C. 742a, et seq;

b)
National Wildlife Refuge System Improvement Act of 1997, as amended,
16 U.S.C. 668dd, et seq;
c)
Federal Land Policy and Management Act of 1976, as amended,
43 U.S.C. 1701, et seq;
d)
et seq.; and

National Park Service Organic Act of 1916, as amended, 54 U.S.C. 100101,

e)
Reclamation Act of 1902, 43 U.S.C. 391, et seq, as amended and supplemented;
particularly, Reclamation Project Act of 1939, 43 U.S.C. 485, et seq; Federal Water Project
Recreation Act of 1965; Public Law 89-72; and relevant project-specific Acts.

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Sec. 3 Background. Americans are exceptionally fortunate to have the heritage of public lands
that provide each of us (and visitors) an opportunity for relaxing or vigorous activity. A person
can embark on a recreational experience on our public lands in solitude, or be accompanied by
family or friends. It is a priority of the Department to increase recreational opportunities so more
Americans can create inspiring and lasting memories from the gifts provided to us through our
public lands and waters. Recreation on public lands also directly supports businesses that
facilitate access to those lands. These businesses include outfitters and guides, the lodging
industry, other concessioners, and the outdoor clothing and equipment industry.
For example, in 2017 the American outdoor recreation economy generated $887 billon in
consumer spending, $65.3 billion in Federal tax revenue, and $59.2 billion in State and local tax
revenue and created 7.6 million American jobs [Outdoor Industry Association, The Outdoor
Recreation Economy. October 2017.]. The revenue generated helps to reduce the significant
maintenance backlogs that exists on lands managed by the Department. Enhancing recreational
opportunities can only help to further defray the cost of maintaining our treasured public lands.
The Department has broad responsibilities, including providing recreational opportunities, to
manage Federal lands, waters, and resources for the benefit of the public. The Department has
established the "Made in America" Recreation Advisory Committee. A primary charge to this
Committee is to advise the Secretary on public-private partnerships across all public lands, with
the goal of expanding access to and improving the infrastructure on public lands and waters. The
efforts of the Committee and the directives set forth in this Order are expressly intended to
provide more recreational opportunities and memorable experiences on the Department's public
lands and waters.
Sec. 4 Bureau Responsibilities. Consistent with governing laws, regulations, and principles of
responsible public stewardship:
a)
The Bureau of Land Management (BLM), U.S. Fish and Wildlife Service (FWS),
National Park Service (NPS), and Bureau of Reclamation (BOR) shall, within 90 days of the date
of this Order, provide to the Senior National Advisor to the Secretary for Recreation a report that
includes the following:
(1)
recommendations for developing new and/or increasing and expanding
existing recreational opportunities (e.g., camping, hiking, horseback riding, boating, rafting,
mountain biking, off-road vehicle driving, birding, wildlife viewing, etc.) on applicable

Department-managed lands and waters;
(2)
recommendations for streamlining and improving the permitting process
for guides and outfitters, and facilitated outdoor recreation providers, as well as the contracting
process for concessioners on lands and waters managed by the Department;
(3)
identification of the Department-managed lands and waters where access
for recreation is limited, including areas that may be impractical or impossible to access via
public roads or trails under current conditions, and recommendations for providing greater access

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to these areas, such as through voluntary easements, rights-of-way, or voluntary acquisitions.
(The recommendations shall fully consider the rights and privacy of the owners of non-public
lands, as well as other uses for the areas that may be authorized by the Department.);
(4)
identification and recommendations for grant and/or cooperative
agreement opportunities that may be made available for improving recreational opportunities;
(5)
identification of organizations focused on providing access to recreational
activities for disabled persons, youth, and veterans; and
(6)
recommendations for cooperatively developing and facilitating
disabled persons' participation in recreational opportunities on the Department' s lands with
organizations identified above;
b)
With respect to the recommendations made in 4(a) (1)-(6) above, identify all
existing directives (regulations, orders, guidance documents, policies, instructions, manuals,
and/or notices), implementing actions, new employee training orders, and any similar actions
that need to be reviewed for consistency with this Order.
c)
Heads of each bureau identified in 4(a) above must designate a full-time
employee responsible for carrying out the requirements of this Order. The designated employee
works directly with the Senior National Advisor to the Secretary for Recreation and with
appropriate partners.
d)

Bureaus shall:

(1)
collaborate with the relevant State, Tribal, and Territorial authorities
responsible for recreation during the Department's land-management planning and
implementation, including prioritizing recreational projects and funding that contribute to
achieving recreational opportunities;
(2)
work cooperatively with State, Tribal, and Territorial wildlife agencies to
enhance their access to Department lands to provide opportunities for recreation;
(3)
work cooperatively with State, Tribal, and Territorial wildlife agencies to
ensure that regulations for recreation on lands and waters managed by the Department
complement, or at a minimum do not contradict, the regulations on the surrounding lands and
waters to the extent legally practicable.
Sec. 5 Implementation. The Senior National Advisor to the Secretary for Recreation is
responsible for taking all reasonably necessary steps to implement this Order.
Sec. 6 Effect of Order. This Order is intended to improve the internal management of the
Department. This Order and any resulting reports or recommendations are not intended to, and
do not create any right or benefit, substantive or procedural, enforceable at law or equity by a

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party against the United States, its departments, agencies, instrumentalities or entities, its officers
or employees, or any other person. To the extent there is any inconsistency between the
provisions ofthis Order and any Federal laws or regulations, the laws or regulations will control.
Sec. 7 Expiration Date. This Order is effective immediately. It will remain in effect until its
provisions are implemented and completed, or until it is amended, superseded, or revoked .
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