HR-3186-115
Placed on Senate Legislative Calendar under General Orders. Calendar No. 680.
What it does
The bill would direct four federal departments — Interior, Agriculture, Commerce, and the Army — to create the "Every Kid Outdoors" program. It would provide all fourth-grade students with free annual passes granting access to federal lands and waters open to the public. Each pass would cover the student and accompanying adults (up to three) at both per-vehicle and per-person fee areas. The program would also allow voluntary participation by state park systems and would require a publicly accessible informational website.
Who benefits
Fourth-grade students (approximately 3.6 million per year) and their families, who would gain free access to national parks, forests, wildlife refuges, and other federal lands. Adults accompanying eligible students (up to three per pass) would also receive free entry. Lower-income families who might otherwise be unable to afford entry fees would gain access they might not otherwise have. State park systems that opt in would benefit from increased youth visitation. Approved program partners and visitor-service providers near federal lands could see increased foot traffic.
Who is hurt
Federal agencies would forgo entry fee revenue currently collected at fee areas, which funds park maintenance and operations under the Federal Lands Recreation Enhancement Act. Existing fee-paying visitors would not be directly charged more, but reduced fee revenue could affect the funding available for park upkeep and services. Concessionaires or businesses near federal lands would not be directly harmed, though reduced agency budgets could affect the quality of visitor infrastructure they depend on.
Supporters argue
Supporters argue that connecting children to public lands at a young age builds lasting appreciation for natural and cultural heritage that benefits conservation for generations. They contend that entry fees can be a meaningful barrier for lower-income families, and that this program would ensure all fourth graders — regardless of economic background — have equal access to lands that belong to every American. Supporters also note that the program is narrowly scoped, time-limited to one grade level, and voluntary for states, making it a low-cost, high-impact way to introduce millions of children annually to national parks, forests, and waterways. They point to evidence that early outdoor experiences correlate with lifelong stewardship of public lands.
Opponents argue
Opponents argue that waiving entry fees for millions of students and their adult companions each year reduces revenue that federal agencies rely on to maintain trails, facilities, and visitor services — potentially degrading the experience for all visitors. They contend that if Congress wants to subsidize access for lower-income families, it should appropriate direct funding rather than creating a structural revenue gap for already underfunded agencies. Some argue the program duplicates existing fee-waiver programs and adds administrative complexity across four separate departments. Others raise concerns that increased visitation at sensitive natural areas, without corresponding funding for management, could accelerate environmental wear on ecosystems the program is meant to inspire children to value.
Constitutional context
The bill rests primarily on Congress's Property Clause (Art. IV, Sec. 3, Cl. 2), which grants Congress broad authority to regulate federal lands. The Commerce Clause provides supplementary grounding for federal management of lands affecting interstate travel and tourism. The bill directs executive-branch departments to establish and administer the program, implicating the Necessary and Proper Clause. Because the bill involves discretionary agency collaboration with state park systems — rather than mandating state action — it avoids anti-commandeering concerns under the Tenth Amendment (see New York v. United States, 1992; Murphy v. NCAA, 2018). The bill's administrative scope is modest, and it is unlikely to raise major-questions-doctrine concerns under West Virginia v. EPA (2022) or post-Chevron scrutiny under Loper Bright (2024), as it involves a straightforward fee-waiver program with clear congressional authorization.
Checks and balances
The bill shifts modest administrative authority to the executive branch — specifically to the Departments of Interior, Agriculture, Commerce, and the Army — to design, implement, and maintain the program. Congress retains control through appropriations and oversight. State park systems retain full discretion over whether to participate, preserving state authority. No new independent regulatory power is granted to agencies, and no rulemaking authority beyond program administration is conferred.
Historical precedent
The Federal Lands Recreation Enhancement Act (2004) established the existing fee structure for federal lands and authorized fee-waiver programs. The America the Beautiful — National Parks and Federal Recreational Lands Pass program has previously offered free annual passes to fourth graders through an executive initiative ("Every Kid in a Park," launched 2015), making this bill a statutory codification of an existing administrative program.