Recreation on Federal Lands

Kori Calvert
Information Research Specialist

Carol Hardy Vincent
Specialist in Natural Resources Policy

Ross W. Gorte
Specialist in Natural Resources Policy

The growing and diverse nature of recreation on federal lands has increased the challenge of balancing different types of recreation with each other and with other land uses. Motorized recreation has been particularly controversial, with issues centering on access and environmental impacts. The 112th Congress, as well as the Administration, is addressing recreation on federal lands, including traditional recreational pursuits and newer forms of motorized recreation. This report covers several prominent issues. 

Motorized Recreation on NPS Land, in the National Forests, and on BLM Land. Offhighway vehicle (OHV) use on National Park Service (NPS) lands has fueled ongoing debate arising from the agency’s dual mission to provide recreational opportunities while preserving and protecting parkland resources. Only 12 park units are open to public recreational OHV use, while the extent of unauthorized OHV use is in dispute. Currently, 10 units are developing pilot education and deterrence programs to address unauthorized use, which could serve as models at other NPS sites. OHV use on Forest Service (FS) and Bureau of Land Management (BLM) lands has been controversial. Both agencies decide the extent of allowed OHV use through their planning processes. Under FS regulations governing OHVs, the FS is designating roads, trails, and areas open for OHV use and prohibiting OHV use outside the designated system. The BLM has been making similar designations and is addressing transportation issues through national strategies and other guidance. A variety of pending legislative measures seek to secure funding for recreational access to federal land; enhance hunting, fishing, and other forms of recreation on federal land; and regulate OHV use and other forms of recreation on particular lands administered by the NPS, BLM, or FS. 

Aircraft Overflights. Grand Canyon National Park is at the center of a conflict over whether or how to limit air tours over national park units to reduce noise. NPS and the Federal Aviation Administration (FAA) continue to work to implement a 1987 law that sought to reduce noise at Grand Canyon, and a 2000 law that regulates overflights at other park units. For instance, the agencies have developed a draft environmental impact statement on options to restore natural quiet at Grand Canyon. They also have begun to develop air tour management plans for other park units with commercial air tours. Provisions of legislation (H.R. 658) would affect commercial air tours over park units by expediting and streamlining agency actions. 

Snowmobiles on NPS Land. Regulatory and judicial actions to allow or restrict snowmobile use have focused primarily on three Yellowstone area park units. Winter Use Plans developed by NPS to establish numerical limits on snowmobile and snowcoach entries have been the subject of repeated, and often conflicting, court challenges. On November 20, 2009, NPS issued a final rule limiting daily oversnow vehicle entries at Yellowstone to 318 snowmobiles and 78 snowcoaches for the 2009-2010 and 2010-2011 winter use seasons while the agency develops a new long-term management plan. On July 5, 2011, the agency released its proposed winter-use rule allowing varying daily numbers of snowmobiles and snowcoaches into Yellowstone, beginning in 2012- 2013. The proposed rule would reinstate the 2009 rule’s snowmobile and snowcoach limits for the 2011-2012 winter season. 

Personal Watercraft (PWC) at NPS Sites. Since 2003, NPS has completed regulations to open designated PWC areas at 13 units. On July 8, 2010, a federal judge ordered NPS to re-examine environmental assessments justifying PWC use at two of those units but did not overturn existing regulations.


Date of Report: October 13, 2011
Number of Pages: 30
Order Number: RL33525
Price: $29.95

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Fishery, Aquaculture, and Marine Mammal Issues in the 112th Congress

Eugene H. Buck
Specialist in Natural Resources Policy

Harold F. Upton
Analyst in Natural Resources Policy

Fish and marine mammals are important resources in open ocean and nearshore coastal areas; many federal laws and regulations guide their management as well as the management of their habitat. Aquaculture or fish farming enterprises seek to supplement food traditionally provided by wild harvests.

Commercial and sport fishing are jointly managed by the federal government and individual states. States generally have jurisdiction within 3 miles of the coast. Beyond state jurisdiction and out to 200 miles in the federal exclusive economic zone (EEZ), the federal government (National Marine Fisheries Service, NMFS) manages fisheries under the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) through eight regional fishery management councils. Beyond 200 miles, the United States participates in international agreements relating to specific areas or species. The 112th Congress may oversee implementation of the MSFCMA as well as address individual habitat and management concerns for U.S. commercial and sport fisheries in an attempt to modify the balance between resource use and protection. Additional concerns might include providing additional flexibility in managing harvests to eliminate overfishing; determining the appropriate level of funding for fishery disaster assistance; determining whether to modify fishing vessel capacity reduction and limited access privilege (catch-share) programs; modifying programs to better control bycatch of nontarget species; amending various fishery laws to strengthen enforcement to stop illegal, unreported, and unregulated fishing; amending and reauthorizing the Oceans and Human Health Act; amending and reauthorizing the Coral Reef Conservation Act; enhancing efforts to monitor, restore, and protect marine ecosystems in the Gulf of Mexico; implementing the Antigua Convention for eastern tropical Pacific tuna; authorizing a national strategy to address harmful algal blooms and hypoxia; and providing additional support to maintain the character of traditional fishing communities.

Aquaculture—the farming of fish, shellfish, and other aquatic animals and plants in a controlled environment—is expanding rapidly abroad, yet with little growth in the United States. In the United States, important species cultured include catfish, salmon, shellfish, and trout. The 112th Congress may consider whether National Oceanic and Atmospheric Administration policies and regulations can balance development and regulation of the aquaculture industry in the U.S. EEZ, and whether to prohibit regional fishery management councils from authorizing aquaculture in federal offshore waters through fishery management plans and their amendments under the MSFCMA.

Marine mammals are protected under the Marine Mammal Protection Act (MMPA). With few exceptions, the MMPA prohibits harm or harassment (“take”) of marine mammals, unless permits are obtained. It also addresses specific situations of concern, such as dolphin mortality associated with the eastern tropical Pacific tuna fishery. The 112th Congress may consider bills to amend the MMPA, including the John H. Prescott Marine Mammal Rescue Assistance Grant Program, as well as measures to address specific marine mammal habitat and management concerns, such as how to deal with the effects of increasing noise in the ocean and an expanded research program for the recovery of the southern sea otter.

The level of appropriations for fisheries, aquaculture/hatchery, and marine mammal programs administered by the NMFS and the Fish and Wildlife Service may be an issue during the 112th Congress amid pressures to reduce federal spending.


Date of Report: October 3, 2011
Number of Pages: 29
Order Number: R41613
Price: $29.95

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Fishery, Aquaculture, and Marine Mammal Issues in the 112th Congress

Eugene H. Buck
Specialist in Natural Resources Policy

Harold F. Upton
Analyst in Natural Resources Policy

Fish and marine mammals are important resources in open ocean and nearshore coastal areas; many federal laws and regulations guide their management as well as the management of their habitat. Aquaculture or fish farming enterprises seek to supplement food traditionally provided by wild harvests.

Commercial and sport fishing are jointly managed by the federal government and individual states. States generally have jurisdiction within 3 miles of the coast. Beyond state jurisdiction and out to 200 miles in the federal exclusive economic zone (EEZ), the federal government (National Marine Fisheries Service, NMFS) manages fisheries under the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA) through eight regional fishery management councils. Beyond 200 miles, the United States participates in international agreements relating to specific areas or species. The 112th Congress may oversee implementation of the MSFCMA as well as address individual habitat and management concerns for U.S. commercial and sport fisheries in an attempt to modify the balance between resource use and protection. Additional concerns might include providing additional flexibility in managing harvests to eliminate overfishing; determining the appropriate level of funding for fishery disaster assistance; determining whether to modify fishing vessel capacity reduction and limited access privilege (catch-share) programs; modifying programs to better control bycatch of nontarget species; amending various fishery laws to strengthen enforcement to stop illegal, unreported, and unregulated fishing; amending and reauthorizing the Oceans and Human Health Act; amending and reauthorizing the Coral Reef Conservation Act; enhancing efforts to monitor, restore, and protect marine ecosystems in the Gulf of Mexico; implementing the Antigua Convention for eastern tropical Pacific tuna; authorizing a national strategy to address harmful algal blooms and hypoxia; and providing additional support to maintain the character of traditional fishing communities.

Aquaculture—the farming of fish, shellfish, and other aquatic animals and plants in a controlled environment—is expanding rapidly abroad, yet with little growth in the United States. In the United States, important species cultured include catfish, salmon, shellfish, and trout. The 112th Congress may consider whether National Oceanic and Atmospheric Administration policies and regulations can balance development and regulation of the aquaculture industry in the U.S. EEZ, and whether to prohibit regional fishery management councils from authorizing aquaculture in federal offshore waters through fishery management plans and their amendments under the MSFCMA.

Marine mammals are protected under the Marine Mammal Protection Act (MMPA). With few exceptions, the MMPA prohibits harm or harassment (“take”) of marine mammals, unless permits are obtained. It also addresses specific situations of concern, such as dolphin mortality associated with the eastern tropical Pacific tuna fishery. The 112th Congress may consider bills to amend the MMPA, including the John H. Prescott Marine Mammal Rescue Assistance Grant Program, as well as measures to address specific marine mammal habitat and management concerns, such as how to deal with the effects of increasing noise in the ocean and an expanded research program for the recovery of the southern sea otter.

The level of appropriations for fisheries, aquaculture/hatchery, and marine mammal programs administered by the NMFS and the Fish and Wildlife Service may be an issue during the 112th Congress amid pressures to reduce federal spending.


Date of Report: September 26, 2011
Number of Pages: 29
Order Number: R41613
Price: $29.95

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The Endangered Species Act (ESA) in the 112th Congress: Conflicting Values and Difficult Choices

Eugene H. Buck
Specialist in Natural Resources Policy

M. Lynne Corn
Specialist in Natural Resources Policy

Kristina Alexander
Legislative Attorney

Pervaze A. Sheikh
Specialist in Natural Resources Policy

Robert Meltz
Legislative Attorney

The Endangered Species Act (ESA; P.L. 93-205, 16 U.S.C. §§1531-1543) was enacted to increase protection for, and provide for the recovery of, vanishing wildlife and vegetation. Under ESA, species of plants and animals (both vertebrate and invertebrate) can be listed as endangered or threatened according to assessments of their risk of extinction. Habitat loss is the primary cause for listing species. Once a species is listed, powerful legal tools are available to aid its recovery and protect its habitat. Accordingly, when certain resources are associated with listed species— such as water in arid regions like California, old growth timber in national forests, or free-flowing rivers—ESA is seen as an obstacle to continued or greater human use of these resources. ESA may also be controversial because dwindling species are usually harbingers of broader ecosystem decline or conflicts. As a result, ESA is considered a primary driver of large-scale ecosystem restoration issues.

The 112th Congress may conduct oversight of the implementation of various federal programs and laws that address threatened and endangered species. This could range from addressing listing and delisting decisions under ESA to justifying funding levels for international conservation programs. The 112th Congress may also face specific resource conflicts involving threatened and endangered species, including managing water supplies and ecosystem restoration in San Francisco Bay and the Sacramento and San Joaquin Rivers Delta in California (i.e., Bay-Delta) and managing water supplies in the Klamath Basin. In the 112th Congress, resource-specific issues may be addressed independently, whereas oversight on the implementation of ESA may be addressed in debates about particular species (e.g., wolves, polar bears, and salmon). P.L. 112-10 (final appropriations for FY2011) included a legislative delisting of a portion of the reintroduced Rocky Mountain gray wolf population.

The 112th Congress may consider legislation related to global climate change that includes provisions that would allocate funds to the Fish and Wildlife Service’s endangered species program and/or to related funds to assist species adaptation to climate change. Other major issues concerning ESA in recent years have included the role of science in decision-making, critical habitat (CH) designation, incentives for property owners, and appropriate protection of listed species, among others.

The authorization for spending under ESA expired on October 1, 1992. The prohibitions and requirements of ESA remain in force, even in the absence of an authorization, and funds have been appropriated to implement the administrative provisions of ESA in each subsequent fiscal year. Proposals to reauthorize and extensively amend ESA were last considered in the 109th Congress, but none were enacted. No legislative proposals were introduced in the 110th or 111th Congresses to reauthorize ESA.

This report discusses oversight issues and legislation introduced in the 112th Congress to address ESA implementation and management of endangered and threatened species.


Date of Report: September 26, 2011
Number of Pages: 22
Order Number: R41608
Price: $29.95

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Flooding Events: CRS Experts

Amy Abel
Section Research Manager

The following table provides access to names and contact information for CRS experts on policy concerns relating to flooding events in the United States. Policy areas identified include impacts, response and recovery, mitigation, and federal financing.

Date of Report: September 26, 2011
Number of Pages: 3
Order Number: R40882
Price: $19.95

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Document available via e-mail as a pdf file or in paper form.
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