[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2406 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 2406
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 29, 2016
Received
March 1, 2016
Read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
AN ACT
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sportsmen's Heritage and
Recreational Enhancement Act'' or the ``SHARE Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Report on economic impact.
TITLE I--HUNTING, FISHING AND RECREATIONAL SHOOTING PROTECTION ACT
Sec. 101. Short title.
Sec. 102. Modification of definition.
Sec. 103. Limitation on authority to regulate ammunition and fishing
tackle.
TITLE II--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT
Sec. 201. Short title.
Sec. 202. Findings; purpose.
Sec. 203. Definition of public target range.
Sec. 204. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 205. Limits on liability.
Sec. 206. Sense of Congress regarding cooperation.
TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS ACT
Sec. 301. Short title.
Sec. 302. Permits for importation of polar bear trophies taken in
sport hunts in Canada.
TITLE IV--RECREATIONAL LANDS SELF-DEFENSE ACT
Sec. 401. Short title.
Sec. 402. Protecting Americans from violent crime.
TITLE V--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE
Sec. 501. Wildlife and Hunting Heritage Conservation Council Advisory
Committee.
TITLE VI--RECREATIONAL FISHING AND HUNTING HERITAGE OPPORTUNITIES ACT
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Fishing, hunting, and recreational shooting.
Sec. 604. Volunteer Hunters; Reports; Closures and Restrictions.
TITLE VII--FARMER AND HUNTER PROTECTION ACT
Sec. 701. Short title.
Sec. 702. Baiting of migratory game birds.
TITLE VIII--TRANSPORTING BOWS ACROSS NATIONAL PARK SERVICE LANDS
Sec. 801. Short title.
Sec. 802. Bowhunting opportunity and wildlife stewardship.
TITLE IX--FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION
(FLTFA)
Sec. 901. Short title.
Sec. 902. Federal Land Transaction Facilitation Act.
TITLE X--AFRICAN ELEPHANT CONSERVATION AND LEGAL IVORY POSSESSION ACT
Sec. 1001. Short title.
Sec. 1002. References.
Sec. 1003. Limited exemption for certain African elephant ivory.
Sec. 1004. Placement of United States Fish and Wildlife Service law
enforcement officers in each African
elephant range country.
Sec. 1005. Certification for the purposes of the Fishermen's
Protective Act of 1967.
Sec. 1006. Treatment of elephant ivory.
Sec. 1007. Sport-hunted elephant trophies.
Sec. 1008. African Elephant Conservation Act financial assistance
priority and reauthorization.
Sec. 1009. Government Accountability Office study.
TITLE XI--RESPECT FOR TREATIES AND RIGHTS
Sec. 1101. Respect for Treaties and Rights.
TITLE XII--PERMITS FOR FILM CREWS OF FIVE PEOPLE OR LESS
Sec. 1201. Annual permit and fee for film crews of 5 persons or fewer.
TITLE XIII--STATE APPROVAL OF FISHING RESTRICTION
Sec. 1301. State or Territorial Approval of Restriction of Recreational
or Commercial Fishing Access to Certain
State or Territorial Waters.
TITLE XIV--HUNTING AND RECREATIONAL FISHING WITHIN CERTAIN NATIONAL
FORESTS
Sec. 1401. Definitions.
Sec. 1402. Hunting and recreational fishing within the national forest
system.
Sec. 1403. Publication of Closure of Roads in Forests.
TITLE XV--GRAND CANYON BISON MANAGEMENT ACT
Sec. 1501. Short title.
Sec. 1502. Definitions.
Sec. 1503. Bison management plan for Grand Canyon National Park.
TITLE XVI--OPEN BOOK ON EQUAL ACCESS TO JUSTICE
Sec. 1601. Short title.
Sec. 1602. Modification of equal access to justice provisions.
TITLE XVII--UTILITY TERRAIN VEHICLES
Sec. 1701. Utility terrain vehicles in Kisatchie National Forest.
TITLE XVIII--GOOD SAMARITAN SEARCH AND RECOVERY
Sec. 1801. Short title.
Sec. 1802. Expedited access to certain Federal land.
TITLE XIX--INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION
Sec. 1901. Interstate transportation of firearms or ammunition.
TITLE XX--GRAY WOLVES
Sec. 2001. Reissuance of final rule regarding gray wolves in the
Western Great Lakes.
Sec. 2002. Reissuance of final rule regarding gray wolves in Wyoming.
TITLE XXI--MISCELLANEOUS PROVISIONS
Sec. 2101. Prohibition on issuance of final rule.
Sec. 2102. Withdrawal of existing rule regarding hunting and trapping
in Alaska.
SEC. 3. REPORT ON ECONOMIC IMPACT.
Not later than 12 months after the date of the enactment of this
Act, the Secretary of Interior shall submit a report to Congress that
assesses expected economic impacts of the Act. Such report shall
include--
(1) a review of any expected increases in recreational
hunting, fishing, shooting, and conservation activities;
(2) an estimate of any jobs created in each industry
expected to support such activities described in paragraph (1),
including in the supply, manufacturing, distribution, and
retail sectors;
(3) an estimate of wages related to jobs described in
paragraph (2); and
(4) an estimate of anticipated new local, State, and
Federal revenue related to jobs described in paragraph (2).
TITLE I--HUNTING, FISHING AND RECREATIONAL SHOOTING PROTECTION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Hunting, Fishing, and Recreational
Shooting Protection Act''.
SEC. 102. MODIFICATION OF DEFINITION.
Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C.
2602(2)(B)) is amended--
(1) in clause (v), by striking ``, and'' and inserting ``,
or any component of any such article including, without
limitation, shot, bullets and other projectiles, propellants,
and primers,'';
(2) in clause (vi) by striking the period at the end and
inserting ``, and''; and
(3) by inserting after clause (vi) the following:
``(vii) any sport fishing equipment (as such term is
defined in subsection (a) of section 4162 of the Internal
Revenue Code of 1986) the sale of which is subject to the tax
imposed by section 4161(a) of such Code (determined without
regard to any exemptions from such tax as provided by section
4162 or 4221 or any other provision of such Code), and sport
fishing equipment components.''.
SEC. 103. LIMITATION ON AUTHORITY TO REGULATE AMMUNITION AND FISHING
TACKLE.
(a) Limitation.--Except as provided in section 20.21 of title 50,
Code of Federal Regulations, as in effect on the date of the enactment
of this Act, or any substantially similar successor regulation thereto,
the Secretary of the Interior, the Secretary of Agriculture, and,
except as provided by subsection (b), any bureau, service, or office of
the Department of the Interior or the Department of Agriculture, may
not regulate the use of ammunition cartridges, ammunition components,
or fishing tackle based on the lead content thereof if such use is in
compliance with the law of the State in which the use occurs.
(b) Exception.--The limitation in subsection (a) shall not apply to
the United States Fish and Wildlife Service or the National Park
Service.
TITLE II--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Target Practice and Marksmanship
Training Support Act''.
SEC. 202. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the use of firearms and archery equipment for target
practice and marksmanship training activities on Federal land
is allowed, except to the extent specific portions of that land
have been closed to those activities;
(2) in recent years preceding the date of enactment of this
Act, portions of Federal land have been closed to target
practice and marksmanship training for many reasons;
(3) the availability of public target ranges on non-Federal
land has been declining for a variety of reasons, including
continued population growth and development near former ranges;
(4) providing opportunities for target practice and
marksmanship training at public target ranges on Federal and
non-Federal land can help--
(A) to promote enjoyment of shooting, recreational,
and hunting activities; and
(B) to ensure safe and convenient locations for
those activities;
(5) Federal law in effect on the date of enactment of this
Act, including the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), provides Federal support for
construction and expansion of public target ranges by making
available to States amounts that may be used for construction,
operation, and maintenance of public target ranges; and
(6) it is in the public interest to provide increased
Federal support to facilitate the construction or expansion of
public target ranges.
(b) Purpose.--The purpose of this title is to facilitate the
construction and expansion of public target ranges, including ranges on
Federal land managed by the Forest Service and the Bureau of Land
Management.
SEC. 203. DEFINITION OF PUBLIC TARGET RANGE.
In this title, the term ``public target range'' means a specific
location that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.
SEC. 204. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or
shotgun shooting;''.
(b) Expenditures for Management of Wildlife Areas and Resources.--
Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669g(b)) is amended--
(1) by striking ``(b) Each State'' and inserting the
following:
``(b) Expenditures for Management of Wildlife Areas and
Resources.--
``(1) In general.--Except as provided in paragraph (2),
each State'';
(2) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(3) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(4) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(4) Regulations.--The Secretary''; and
(5) by inserting after paragraph (1) (as designated by
paragraph (1) of this subsection) the following:
``(2) Exception.--Notwithstanding the limitation described
in paragraph (1), a State may pay up to 90 percent of the cost
of acquiring land for, expanding, or constructing a public
target range.''.
(c) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h-1) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under section 4(b),
the State may elect to allocate not more than 10 percent, to be
combined with the amount apportioned to the State under
paragraph (1) for that fiscal year, for acquiring land for,
expanding, or constructing a public target range.'';
(2) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding, or
constructing a public target range in a State on Federal or
non-Federal land pursuant to this section or section 8(b) shall
not exceed 90 percent of the cost of the activity.''; and
(3) in subsection (c)(1)--
(A) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), amounts made''; and
(B) by adding at the end the following:
``(B) Exception.--Amounts provided for acquiring
land for, constructing, or expanding a public target
range shall remain available for expenditure and
obligation during the 5-fiscal-year period beginning on
October 1 of the first fiscal year for which the
amounts are made available.''.
SEC. 205. LIMITS ON LIABILITY.
(a) Discretionary Function.--For purposes of chapter 171 of title
28, United States Code (commonly referred to as the ``Federal Tort
Claims Act''), any action by an agent or employee of the United States
to manage or allow the use of Federal land for purposes of target
practice or marksmanship training by a member of the public shall be
considered to be the exercise or performance of a discretionary
function.
(b) Civil Action or Claims.--Except to the extent provided in
chapter 171 of title 28, United States Code, the United States shall
not be subject to any civil action or claim for money damages for any
injury to or loss of property, personal injury, or death caused by an
activity occurring at a public target range that is--
(1) funded in whole or in part by the Federal Government
pursuant to the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669 et seq.); or
(2) located on Federal land.
SEC. 206. SENSE OF CONGRESS REGARDING COOPERATION.
It is the sense of Congress that, consistent with applicable laws
and regulations, the Chief of the Forest Service and the Director of
the Bureau of Land Management should cooperate with State and local
authorities and other entities to carry out waste removal and other
activities on any Federal land used as a public target range to
encourage continued use of that land for target practice or
marksmanship training.
TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Polar Bear Conservation and
Fairness Act''.
SEC. 302. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT
HUNTS IN CANADA.
Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:
``(D)(i) The Secretary of the Interior shall, expeditiously
after the expiration of the applicable 30-day period under
subsection (d)(2), issue a permit for the importation of any
polar bear part (other than an internal organ) from a polar
bear taken in a sport hunt in Canada to any person--
``(I) who submits, with the permit application,
proof that the polar bear was legally harvested by the
person before February 18, 1997; or
``(II) who has submitted, in support of a permit
application submitted before May 15, 2008, proof that
the polar bear was legally harvested by the person
before May 15, 2008, from a polar bear population from
which a sport-hunted trophy could be imported before
that date in accordance with section 18.30(i) of title
50, Code of Federal Regulations.
``(ii) The Secretary shall issue permits under clause
(i)(I) without regard to subparagraphs (A) and (C)(ii) of this
paragraph, subsection (d)(3), and sections 101 and 102.
Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the
importation of any polar bear part authorized by a permit
issued under clause (i)(I). This clause shall not apply to
polar bear parts that were imported before June 12, 1997.
``(iii) The Secretary shall issue permits under clause
(i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B) and
102(b)(3) shall not apply to the importation of any polar bear
part authorized by a permit issued under clause (i)(II). This
clause shall not apply to polar bear parts that were imported
before the date of enactment of the Polar Bear Conservation and
Fairness Act.''.
TITLE IV--RECREATIONAL LANDS SELF-DEFENSE ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Recreational Lands Self-Defense
Act''.
SEC. 402. PROTECTING AMERICANS FROM VIOLENT CRIME.
(a) Findings.--Congress finds the following:
(1) The Second Amendment to the Constitution provides that
``the right of the people to keep and bear Arms, shall not be
infringed''.
(2) Section 327.13 of title 36, Code of Federal
Regulations, provides that, except in special circumstances,
``possession of loaded firearms, ammunition, loaded projectile
firing devices, bows and arrows, crossbows, or other weapons is
prohibited'' at water resources development projects
administered by the Secretary of the Army.
(3) The regulations described in paragraph (2) prevent
individuals complying with Federal and State laws from
exercising the second amendment rights of the individuals while
at such water resources development projects.
(4) The Federal laws should make it clear that the second
amendment rights of an individual at a water resources
development project should not be infringed.
(b) Protecting the Right of Individuals To Bear Arms at Water
Resources Development Projects.--The Secretary of the Army shall not
promulgate or enforce any regulation that prohibits an individual from
possessing a firearm, including an assembled or functional firearm, at
a water resources development project covered under section 327.0 of
title 36, Code of Federal Regulations (as in effect on the date of
enactment of this Act), if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
TITLE V--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE
SEC. 501. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is
amended by adding at the end the following:
``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
``(a) Establishment.--There is hereby established the Wildlife and
Hunting Heritage Conservation Council Advisory Committee (in this
section referred to as the `Advisory Committee') to advise the
Secretaries of the Interior and Agriculture on wildlife and habitat
conservation, hunting, and recreational shooting.
``(b) Continuance and Abolishment of Existing Wildlife and Hunting
Heritage Conservation Council.--The Wildlife and Hunting Heritage
Conservation Council established pursuant to section 441 of the Revised
Statutes (43 U.S.C. 1457), section 2 of the Fish and Wildlife Act of
1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus of
the Department of the Interior--
``(1) shall continue until the date of the first meeting of
the Wildlife and Hunting Heritage Conservation Council
established by the amendment made by subsection (a); and
``(2) is hereby abolished effective on that date.
``(c) Duties of the Advisory Committee.--The Advisory Committee
shall advise the Secretaries with regard to--
``(1) implementation of Executive Order No. 13443:
Facilitation of Hunting Heritage and Wildlife Conservation,
which directs Federal agencies `to facilitate the expansion and
enhancement of hunting opportunities and the management of game
species and their habitat';
``(2) policies or programs to conserve and restore
wetlands, agricultural lands, grasslands, forest, and rangeland
habitats;
``(3) policies or programs to promote opportunities and
access to hunting and shooting sports on Federal lands;
``(4) policies or programs to recruit and retain new
hunters and shooters;
``(5) policies or programs that increase public awareness
of the importance of wildlife conservation and the social and
economic benefits of recreational hunting and shooting; and
``(6) policies or programs that encourage coordination
among the public, the hunting and shooting sports community,
wildlife conservation groups, and States, tribes, and the
Federal Government.
``(d) Membership.--
``(1) Appointment.--
``(A) In general.--The Advisory Committee shall
consist of no more than 16 discretionary members and 8
ex officio members.
``(B) Ex officio members.--The ex officio members
are--
``(i) the Director of the United States
Fish and Wildlife Service or a designated
representative of the Director;
``(ii) the Director of the Bureau of Land
Management or a designated representative of
the Director;
``(iii) the Director of the National Park
Service or a designated representative of the
Director;
``(iv) the Chief of the Forest Service or a
designated representative of the Chief;
``(v) the Chief of the Natural Resources
Conservation Service or a designated
representative of the Chief;
``(vi) the Administrator of the Farm
Service Agency or a designated representative
of the Administrator;
``(vii) the Executive Director of the
Association of Fish and Wildlife Agencies; and
``(viii) the Administrator of the Small
Business Administration or designated
representative.
``(C) Discretionary members.--The discretionary
members shall be appointed jointly by the Secretaries
from at least one of each of the following:
``(i) State fish and wildlife agencies.
``(ii) Game bird hunting organizations.
``(iii) Wildlife conservation
organizations.
``(iv) Big game hunting organizations.
``(v) Waterfowl hunting organizations.
``(vi) The tourism, outfitter, or guiding
industry.
``(vii) The firearms or ammunition
manufacturing industry.
``(viii) The hunting or shooting equipment
retail industry.
``(ix) Tribal resource management
organizations.
``(x) The agriculture industry.
``(xi) The ranching industry.
``(xii) Women's hunting and fishing
advocacy, outreach, or education organization.
``(xiii) Minority hunting and fishing
advocacy, outreach, or education organization.
``(xiv) Veterans service organization.
``(D) Eligibility.--Prior to the appointment of the
discretionary members, the Secretaries shall determine
that all individuals nominated for appointment to the
Advisory Committee, and the organization each
individual represents, actively support and promote
sustainable-use hunting, wildlife conservation, and
recreational shooting.
``(2) Terms.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Advisory Committee
shall be appointed for a term of 4 years. Members shall
not be appointed for more than 3 consecutive or
nonconsecutive terms.
``(B) Terms of initial appointees.--As designated
by the Secretary at the time of appointment, of the
members first appointed--
``(i) 6 members shall be appointed for a
term of 4 years;
``(ii) 5 members shall be appointed for a
term of 3 years; and
``(iii) 5 members shall be appointed for a
term of 2 years.
``(3) Preservation of public advisory status.--No
individual may be appointed as a discretionary member of the
Advisory Committee while serving as an officer or employee of
the Federal Government.
``(4) Vacancy and removal.--
``(A) In general.--Any vacancy on the Advisory
Committee shall be filled in the manner in which the
original appointment was made.
``(B) Removal.--Advisory Committee members shall
serve at the discretion of the Secretaries and may be
removed at any time for good cause.
``(5) Continuation of service.--Each appointed member may
continue to serve after the expiration of the term of office to
which such member was appointed until a successor has been
appointed.
``(6) Chairperson.--The Chairperson of the Advisory
Committee shall be appointed for a 3-year term by the
Secretaries, jointly, from among the members of the Advisory
Committee. An individual may not be appointed as Chairperson
for more than 2 consecutive or nonconsecutive terms.
``(7) Pay and expenses.--Members of the Advisory Committee
shall serve without pay for such service, but each member of
the Advisory Committee may be reimbursed for travel and lodging
incurred through attending meetings of the Advisory Committee
approved subgroup meetings in the same amounts and under the
same conditions as Federal employees (in accordance with
section 5703 of title 5, United States Code).
``(8) Meetings.--
``(A) In general.--The Advisory Committee shall
meet at the call of the Secretaries, the chairperson,
or a majority of the members, but not less frequently
than twice annually.
``(B) Open meetings.--Each meeting of the Advisory
Committee shall be open to the public.
``(C) Prior notice of meetings.--Timely notice of
each meeting of the Advisory Committee shall be
published in the Federal Register and be submitted to
trade publications and publications of general
circulation.
``(D) Subgroups.--The Advisory Committee may
establish such workgroups or subgroups as it deems
necessary for the purpose of compiling information or
conducting research. However, such workgroups may not
conduct business without the direction of the Advisory
Committee and must report in full to the Advisory
Committee.
``(9) Quorum.--Nine members of the Advisory Committee shall
constitute a quorum.
``(e) Expenses.--The expenses of the Advisory Committee that the
Secretaries determine to be reasonable and appropriate shall be paid by
the Secretaries.
``(f) Administrative Support, Technical Services, and Advice.--A
designated Federal Officer shall be jointly appointed by the
Secretaries to provide to the Advisory Committee the administrative
support, technical services, and advice that the Secretaries determine
to be reasonable and appropriate.
``(g) Annual Report.--
``(1) Required.--Not later than September 30 of each year,
the Advisory Committee shall submit a report to the
Secretaries, the Committee on Natural Resources and the
Committee on Agriculture of the House of Representatives, and
the Committee on Energy and Natural Resources and the Committee
on Agriculture, Nutrition, and Forestry of the Senate. If
circumstances arise in which the Advisory Committee cannot meet
the September 30 deadline in any year, the Secretaries shall
advise the Chairpersons of each such Committee of the reasons
for such delay and the date on which the submission of the
report is anticipated.
``(2) Contents.--The report required by paragraph (1) shall
describe--
``(A) the activities of the Advisory Committee
during the preceding year;
``(B) the reports and recommendations made by the
Advisory Committee to the Secretaries during the
preceding year; and
``(C) an accounting of actions taken by the
Secretaries as a result of the recommendations.
``(h) Federal Advisory Committee Act.--The Advisory Committee shall
be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).''.
TITLE VI--RECREATIONAL FISHING AND HUNTING HERITAGE OPPORTUNITIES ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Recreational Fishing and Hunting
Heritage and Opportunities Act''.
SEC. 602. FINDINGS.
Congress finds that--
(1) recreational fishing and hunting are important and
traditional activities in which millions of Americans
participate;
(2) recreational anglers and hunters have been and continue
to be among the foremost supporters of sound fish and wildlife
management and conservation in the United States;
(3) recreational fishing and hunting are environmentally
acceptable and beneficial activities that occur and can be
provided on Federal lands and waters without adverse effects on
other uses or users;
(4) recreational anglers, hunters, and sporting
organizations provide direct assistance to fish and wildlife
managers and enforcement officers of the Federal Government as
well as State and local governments by investing volunteer time
and effort to fish and wildlife conservation;
(5) recreational anglers, hunters, and the associated
industries have generated billions of dollars of critical
funding for fish and wildlife conservation, research, and
management by providing revenues from purchases of fishing and
hunting licenses, permits, and stamps, as well as excise taxes
on fishing, hunting, and recreational shooting equipment that
have generated billions of dollars of critical funding for fish
and wildlife conservation, research, and management;
(6) recreational shooting is also an important and
traditional activity in which millions of Americans
participate;
(7) safe recreational shooting is a valid use of Federal
lands, including the establishment of safe and convenient
recreational shooting ranges on such lands, and participation
in recreational shooting helps recruit and retain hunters and
contributes to wildlife conservation;
(8) opportunities to recreationally fish, hunt, and shoot
are declining, which depresses participation in these
traditional activities, and depressed participation adversely
impacts fish and wildlife conservation and funding for
important conservation efforts; and
(9) the public interest would be served, and our citizens'
fish and wildlife resources benefitted, by action to ensure
that opportunities are facilitated to engage in fishing and
hunting on Federal land as recognized by Executive Order No.
12962, relating to recreational fisheries, and Executive Order
No. 13443, relating to facilitation of hunting heritage and
wildlife conservation.
SEC. 603. FISHING, HUNTING, AND RECREATIONAL SHOOTING.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means any land
or water that is owned by the United States and under the
administrative jurisdiction of the Bureau of Land Management or
the Forest Service.
(2) Federal land management officials.--The term ``Federal
land management officials'' means--
(A) the Secretary of the Interior and Director of
the Bureau of Land Management regarding Bureau of Land
Management lands and interests in lands under the
administrative jurisdiction of the Bureau of Land
Management; and
(B) the Secretary of Agriculture and Chief of the
Forest Service regarding National Forest System lands.
(3) Hunting.--
(A) In general.--Except as provided in subparagraph
(B), the term ``hunting'' means use of a firearm, bow,
or other authorized means in the lawful--
(i) pursuit, shooting, capture, collection,
trapping, or killing of wildlife;
(ii) attempt to pursue, shoot, capture,
collect, trap, or kill wildlife; or
(iii) the training of hunting dogs,
including field trials.
(B) Exclusion.--The term ``hunting'' does not
include the use of skilled volunteers to cull excess
animals (as defined by other Federal law).
(4) Recreational fishing.--The term ``recreational
fishing'' means the lawful--
(A) pursuit, capture, collection, or killing of
fish; or
(B) attempt to capture, collect, or kill fish.
(5) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow
and arrow.
(b) In General.--Subject to valid existing rights and subsection
(e), and cooperation with the respective State fish and wildlife
agency, Federal land management officials shall exercise authority
under existing law, including provisions regarding land use planning,
to facilitate use of and access to Federal lands, including National
Monuments, Wilderness Areas, Wilderness Study Areas, and lands
administratively classified as wilderness eligible or suitable and
primitive or semi-primitive areas, for fishing, hunting, and
recreational shooting, except as limited by--
(1) statutory authority that authorizes action or
withholding action for reasons of national security, public
safety, or resource conservation;
(2) any other Federal statute that specifically precludes
fishing, hunting, or recreational shooting on specific Federal
lands, waters, or units thereof; and
(3) discretionary limitations on fishing, hunting, and
recreational shooting determined to be necessary and reasonable
as supported by the best scientific evidence and advanced
through a transparent public process.
(c) Management.--Consistent with subsection (a), Federal land
management officials shall exercise their land management discretion--
(1) in a manner that supports and facilitates fishing,
hunting, and recreational shooting opportunities;
(2) to the extent authorized under applicable State law;
and
(3) in accordance with applicable Federal law.
(d) Planning.--
(1) Evaluation of effects on opportunities to engage in
fishing, hunting, or recreational shooting.--Planning documents
that apply to Federal lands, including land resources
management plans, resource management plans, travel management
plans, and general management plans shall include a specific
evaluation of the effects of such plans on opportunities to
engage in fishing, hunting, or recreational shooting.
(2) Strategic growth policy for the national wildlife
refuge system.--Section 4(a)(3) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd(a)(3)) is
amended--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B), the
following:
``(C) the Secretary shall integrate wildlife-dependent
recreational uses in accordance with their status as priority
general public uses into proposed or existing regulations,
policies, criteria, plans, or other activities to alter or
amend the manner in which individual refuges or the National
Wildlife Refuge System (System) are managed, including, but not
limited to, any activities which target or prioritize criteria
for long and short term System acquisitions;''.
(3) No major federal action.--No action taken under this
title, or under section 4 of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd), either
individually or cumulatively with other actions involving
Federal lands or lands managed by the United States Fish and
Wildlife Service, shall be considered to be a major Federal
action significantly affecting the quality of the human
environment, and no additional identification, analysis, or
consideration of environmental effects, including cumulative
effects, is necessary or required.
(4) Other activity not considered.--Federal land management
officials are not required to consider the existence or
availability of fishing, hunting, or recreational shooting
opportunities on adjacent or nearby public or private lands in
the planning for or determination of which Federal lands are
open for these activities or in the setting of levels of use
for these activities on Federal lands, unless the combination
or coordination of such opportunities would enhance the
fishing, hunting, or recreational shooting opportunities
available to the public.
(e) Federal Lands.--
(1) Lands open.--Lands under the jurisdiction of the Bureau
of Land Management and the Forest Service, including Wilderness
Areas, Wilderness Study Areas, lands designated as wilderness
or administratively classified as wilderness eligible or
suitable and primitive or semi-primitive areas and National
Monuments, but excluding lands on the Outer Continental Shelf,
shall be open to fishing, hunting, and recreational shooting
unless the managing Federal agency acts to close lands to such
activity. Lands may be subject to closures or restrictions if
determined by the head of the agency to be necessary and
reasonable and supported by facts and evidence, for purposes
including resource conservation, public safety, energy or
mineral production, energy generation or transmission
infrastructure, water supply facilities, protection of other
permittees, protection of private property rights or interest,
national security, or compliance with other law.
(2) Recreational shooting ranges.--
(A) In general.--The head of each Federal agency
shall use his or her authorities in a manner consistent
with this Act and other applicable law, to--
(i) lease or permit use of lands under the
jurisdiction of the agency for recreational
shooting ranges; and
(ii) designate specific lands under the
jurisdiction of the agency for recreational
shooting activities.
(B) Limitation on liability.--Any designation under
subparagraph (A)(ii) shall not subject the United
States to any civil action or claim for monetary
damages for injury or loss of property or personal
injury or death caused by any activity occurring at or
on such designated lands.
(f) Necessity in Wilderness Areas and ``Within and Supplemental
to'' Wilderness Purposes.--
(1) Minimum requirements for administration.--The provision
of opportunities for fishing, hunting, and recreational
shooting, and the conservation of fish and wildlife to provide
sustainable use recreational opportunities on designated
Federal wilderness areas shall constitute measures necessary to
meet the minimum requirements for the administration of the
wilderness area, provided that this determination shall not
authorize or facilitate commodity development, use, or
extraction, motorized recreational access or use that is not
otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et
seq.), or permanent road construction or maintenance within
designated wilderness areas.
(2) Application of wilderness act.--Provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that
wilderness purposes are ``within and supplemental to'' the
purposes of the underlying Federal land unit are reaffirmed.
When seeking to carry out fish and wildlife conservation
programs and projects or provide fish and wildlife dependent
recreation opportunities on designated wilderness areas, each
Federal land management official shall implement these
supplemental purposes so as to facilitate, enhance, or both,
but not to impede the underlying Federal land purposes when
seeking to carry out fish and wildlife conservation programs
and projects or provide fish and wildlife dependent recreation
opportunities in designated wilderness areas, provided that
such implementation shall not authorize or facilitate commodity
development, use or extraction, or permanent road construction
or maintenance within designated wilderness areas.
(g) No Priority.--Nothing in this section requires a Federal land
management official to give preference to fishing, hunting, or
recreational shooting over other uses of Federal land or over land or
water management priorities established by Federal law.
(h) Consultation With Councils.--In fulfilling the duties under
this section, Federal land management officials shall consult with
respective advisory councils as established in Executive Order Nos.
12962 and 13443.
(i) Authority of the States.--Nothing in this section shall be
construed as interfering with, diminishing, or conflicting with the
authority, jurisdiction, or responsibility of any State to exercise
primary management, control, or regulation of fish and wildlife under
State law (including regulations) on land or water within the State,
including on Federal land.
(j) Federal Licenses.--Nothing in this section shall be construed
to authorize a Federal land management official to require a license,
fee, or permit to fish, hunt, or trap on land or water in a State,
including on Federal land in the States, except that this subsection
shall not affect the Migratory Bird Stamp requirement set forth in the
Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et
seq.).
SEC. 604. VOLUNTEER HUNTERS; REPORTS; CLOSURES AND RESTRICTIONS.
(a) Definitions.--For the purposes of this section:
(1) Public land.--The term ``public land'' means--
(A) units of the National Park System;
(B) National Forest System lands; and
(C) land and interests in land owned by the United
States and under the administrative jurisdiction of--
(i) the Fish and Wildlife Service; or
(ii) the Bureau of Land Management.
(2) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior and includes the
Director of the National Park Service, with regard to
units of the National Park System;
(B) the Secretary of the Interior and includes the
Director of the Fish and Wildlife Service, with regard
to Fish and Wildlife Service lands and waters;
(C) the Secretary of the Interior and includes the
Director of the Bureau of Land Management, with regard
to Bureau of Land Management lands and waters; and
(D) the Secretary of Agriculture and includes the
Chief of the Forest Service, with regard to National
Forest System lands.
(3) Volunteer from the hunting community.--The term
``volunteer from the hunting community'' means a volunteer who
holds a valid hunting license issued by a State.
(b) Volunteer Hunters.--When planning wildlife management involving
reducing the size of a wildlife population on public land, the
Secretary shall consider the use of and may use volunteers from the
hunting community as agents to assist in carrying out wildlife
management on public land. The Secretary shall not reject the use of
volunteers from the hunting community as agents without the concurrence
of the appropriate State wildlife management authorities.
(c) Report.--Beginning on the second October 1 after the date of
the enactment of this Act and biennially on October 1 thereafter, the
Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) any public land administered by the Secretary that was
closed to fishing, hunting, and recreational shooting at any
time during the preceding year; and
(2) the reason for the closure.
(d) Closures or Significant Restrictions.--
(1) In general.--Other than closures established or
prescribed by land planning actions referred to in section
604(e) or emergency closures described in paragraph (2), a
permanent or temporary withdrawal, change of classification, or
change of management status of public land that effectively
closes or significantly restricts any acreage of public land to
access or use for fishing, hunting, recreational shooting, or
activities related to fishing, hunting, or recreational
shooting, or a combination of those activities, shall take
effect only if, before the date of withdrawal or change, the
Secretary--
(A) publishes appropriate notice of the withdrawal
or change, respectively;
(B) demonstrates that coordination has occurred
with a State fish and wildlife agency; and
(C) submits to the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate written
notice of the withdrawal or change, respectively.
(2) Emergency closures.--Nothing in this Act prohibits the
Secretary from establishing or implementing emergency closures
or restrictions of the smallest practicable area to provide for
public safety, resource conservation, national security, or
other purposes authorized by law. Such an emergency closure
shall terminate after a reasonable period of time unless
converted to a permanent closure consistent with this Act.
TITLE VII--FARMER AND HUNTER PROTECTION ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Hunter and Farmer Protection
Act''.
SEC. 702. BAITING OF MIGRATORY GAME BIRDS.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended by striking subsection (b) and inserting the following:
``(b) Prohibition of Baiting.--
``(1) Definitions.--In this subsection:
``(A) Baited area.--
``(i) In general.--The term `baited area'
means--
``(I) any area on which salt,
grain, or other feed has been placed,
exposed, deposited, distributed, or
scattered, if the salt, grain, or feed
could lure or attract migratory game
birds; and
``(II) in the case of waterfowl,
cranes (family Gruidae), and coots
(family Rallidae), a standing,
unharvested crop that has been
manipulated through activities such as
mowing, discing, or rolling, unless the
activities are normal agricultural
practices.
``(ii) Exclusions.--An area shall not be
considered to be a `baited area' if the area--
``(I) has been treated with a
normal agricultural practice;
``(II) has standing crops that have
not been manipulated; or
``(III) has standing crops that
have been or are flooded.
``(B) Baiting.--The term `baiting' means the direct
or indirect placing, exposing, depositing,
distributing, or scattering of salt, grain, or other
feed that could lure or attract migratory game birds
to, on, or over any areas on which a hunter is
attempting to take migratory game birds.
``(C) Migratory game bird.--The term `migratory
game bird' means migratory bird species--
``(i) that are within the taxonomic
families of Anatidae, Columbidae, Gruidae,
Rallidae, and Scolopacidae; and
``(ii) for which open seasons are
prescribed by the Secretary of the Interior.
``(D) Normal agricultural practice.--
``(i) In general.--The term `normal
agricultural practice' means any practice in 1
annual growing season that--
``(I) is carried out in order to
produce a marketable crop, including
planting, harvest, postharvest, or soil
conservation practices; and
``(II) is recommended for the
successful harvest of a given crop by
the applicable State office of the
Cooperative Extension System of the
Department of Agriculture, in
consultation with, and if requested,
the concurrence of, the head of the
applicable State department of fish and
wildlife.
``(ii) Inclusions.--
``(I) In general.--Subject to
subclause (II), the term `normal
agricultural practice' includes the
destruction of a crop in accordance
with practices required by the Federal
Crop Insurance Corporation for
agricultural producers to obtain crop
insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.)
on land on which a crop during the
current or immediately preceding crop
year was not harvestable due to a
natural disaster (including any
hurricane, storm, tornado, flood, high
water, wind-driven water, tidal wave,
tsunami, earthquake, volcanic eruption,
landslide, mudslide, drought, fire,
snowstorm, or other catastrophe that is
declared a major disaster by the
President in accordance with section
401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5170)).
``(II) Limitations.--The term
`normal agricultural practice' only
includes a crop described in subclause
(I) that has been destroyed or
manipulated through activities that
include (but are not limited to)
mowing, discing, or rolling if the
Federal Crop Insurance Corporation
certifies that flooding was not an
acceptable method of destruction to
obtain crop insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et
seq.).
``(E) Waterfowl.--The term `waterfowl' means native
species of the family Anatidae.
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to take any migratory game bird by baiting or
on or over any baited area, if the person knows or
reasonably should know that the area is a baited area;
or
``(B) to place or direct the placement of bait on
or adjacent to an area for the purpose of causing,
inducing, or allowing any person to take or attempt to
take any migratory game bird by baiting or on or over
the baited area.
``(3) Regulations.--The Secretary of the Interior may
promulgate regulations to implement this subsection.
``(4) Reports.--Annually, the Secretary of Agriculture
shall submit to the Secretary of the Interior a report that
describes any changes to normal agricultural practices across
the range of crops grown by agricultural producers in each
region of the United States in which the recommendations are
provided to agricultural producers.''.
TITLE VIII--TRANSPORTING BOWS ACROSS NATIONAL PARK SERVICE LANDS
SEC. 801. SHORT TITLE.
This title may be cited as the ``Hunter Access Corridors Act''.
SEC. 802. BOWHUNTING OPPORTUNITY AND WILDLIFE STEWARDSHIP.
(a) In General.--Subchapter II of chapter 1015 of title 54, United
States Code, is amended by adding at the end the following:
``Sec. 101513. Hunter access corridors
``(a) Definitions.--In this section:
``(1) Not ready for immediate use.--The term `not ready for
immediate use' means--
``(A) a bow or crossbow, the arrows of which are
secured or stowed in a quiver or other arrow transport
case; and
``(B) with respect to a crossbow, uncocked.
``(2) Valid hunting license.--The term `valid hunting
license' means a State-issued hunting license that authorizes
an individual to hunt on private or public land adjacent to the
System unit in which the individual is located while in
possession of a bow or crossbow that is not ready for immediate
use.
``(b) Transportation Authorized.--
``(1) In general.--The Director shall not require a permit
for, or promulgate or enforce any regulation that prohibits an
individual from transporting bows and crossbows that are not
ready for immediate use across any System unit if--
``(A) in the case of an individual traversing the
System unit on foot--
``(i) the individual is not otherwise
prohibited by law from possessing the bows and
crossbows;
``(ii) the bows or crossbows are not ready
for immediate use throughout the period during
which the bows or crossbows are transported
across the System unit;
``(iii) the possession of the bows and
crossbows is in compliance with the law of the
State in which the System unit is located; and
``(iv)(I) the individual possesses a valid
hunting license;
``(II) the individual is traversing the
System unit en route to a hunting access
corridor established under subsection (c)(1);
or
``(III) the individual is traversing the
System unit in compliance with any other
applicable regulations or policies; or
``(B) the bows or crossbows are not ready for
immediate use and remain inside a vehicle.
``(2) Enforcement.--Nothing in this subsection limits the
authority of the Director to enforce laws (including
regulations) prohibiting hunting or the taking of wildlife in
any System unit.
``(c) Establishment of Hunter Access Corridors.--
``(1) In general.--On a determination by the Director under
paragraph (2), the Director may establish and publish (in
accordance with section 1.5 of title 36, Code of Federal
Regulations (or a successor regulation)), on a publicly
available map, hunter access corridors across System units that
are used to access public land that is--
``(A) contiguous to a System unit; and
``(B) open to hunting.
``(2) Determination by director.--The determination
referred to in paragraph (1) is a determination that the hunter
access corridor would provide wildlife management or visitor
experience benefits within the boundary of the System unit in
which the hunter access corridor is located.
``(3) Hunting season.--The hunter access corridors shall be
open for use during hunting seasons.
``(4) Exception.--The Director may establish limited
periods during which access through the hunter access corridors
is closed for reasons of public safety, administration, or
compliance with applicable law. Such closures shall be clearly
marked with signs and dates of closures, and shall not include
gates, chains, walls, or other barriers on the hunter access
corridor.
``(5) Identification of corridors.--The Director shall--
``(A) make information regarding hunter access
corridors available on the individual website of the
applicable System unit; and
``(B) provide information regarding any processes
established by the Director for transporting legally
taken game through individual hunter access corridors.
``(6) Registration; transportation of game.--The Director
may--
``(A) provide registration boxes to be located at
the trailhead of each hunter access corridor for self-
registration;
``(B) provide a process for online self-
registration; and
``(C) allow nonmotorized conveyances to transport
legally taken game through a hunter access corridor
established under this subsection, including game carts
and sleds.
``(7) Consultation with states.--The Director shall consult
with each applicable State wildlife agency to identify
appropriate hunter access corridors.
``(d) Effect.--Nothing in this section--
``(1) diminishes, enlarges, or modifies any Federal or
State authority with respect to recreational hunting,
recreational shooting, or any other recreational activities
within the boundaries of a System unit; or
``(2) authorizes--
``(A) the establishment of new trails in System
units; or
``(B) authorizes individuals to access areas in
System units, on foot or otherwise, that are not open
to such access.
``(e) No Major Federal Action.--
``(1) In general.--Any action taken under this section
shall not be considered a major Federal action significantly
affecting the quality of the human environment under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(2) No additional action required.--No additional
identification, analyses, or consideration of environmental
effects (including cumulative environmental effects) is
necessary or required with respect to an action taken under
this section.''.
(b) Clerical Amendment.--The table of sections for title 54, United
States Code, is amended by inserting after the item relating to section
101512 the following:
``101513. Hunter access corridors.''.
TITLE IX--FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION
(FLTFA)
SEC. 901. SHORT TITLE.
This title may be cited as the ``Federal Land Transaction
Facilitation Act Reauthorization''.
SEC. 902. FEDERAL LAND TRANSACTION FACILITATION ACT.
The Federal Land Transaction Facilitation Act is amended--
(1) in section 203(1) (43 U.S.C. 2302(1)), by striking
``cultural, or'' and inserting ``cultural, recreational access
and use, or other'';
(2) in section 203(2) in the matter preceding subparagraph
(A), by striking ``on the date of enactment of this Act was''
and inserting ``is'';
(3) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``section 206''
and all that follows through the period and inserting
the following: ``section 206--
``(1) to complete appraisals and satisfy other legal
requirements for the sale or exchange of public land identified
for disposal under approved land use plans under section 202 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712);
``(2) not later than 180 days after the date of the
enactment of the Federal Land Transaction Facilitation Act
Reauthorization, to establish and make available to the public,
on the website of the Department of the Interior, a database
containing a comprehensive list of all the land referred to in
paragraph (1); and
``(3) to maintain the database referred to in paragraph
(2).''; and
(B) in subsection (d), by striking ``11'' and
inserting ``22'';
(4) by amending section 206(c)(1) (43 U.S.C. 2305(c)(1)) to
read as follows:
``(1) Use of funds.--
``(A) In general.--Funds in the Federal Land
Disposal Account shall be expended, subject to
appropriation, in accordance with this subsection.
``(B) Purposes.--Except as authorized under
paragraph (2), funds in the Federal Land Disposal
Account shall be used for one or more of the following
purposes:
``(i) To purchase lands or interests
therein that are otherwise authorized by law to
be acquired and are one or more of the
following:
``(I) Inholdings.
``(II) Adjacent to federally
designated areas and contain
exceptional resources.
``(III) Provide opportunities for
hunting, recreational fishing,
recreational shooting, and other
recreational activities.
``(IV) Likely to aid in the
performance of deferred maintenance or
the reduction of operation and
maintenance costs or other deferred
costs.
``(ii) To perform deferred maintenance or
other maintenance activities that enhance
opportunities for recreational access.'';
(5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B), (C), and
(D) as subparagraphs (A), (B), and (C), respectively;
(C) in subparagraph (C) (as so redesignated by this
paragraph)--
(i) by striking ``purchases'' and inserting
``land purchases and performance of deferred
maintenance activities'';
(ii) by striking ``subparagraph (C)'' and
inserting ``subparagraph (B)''; and
(iii) by inserting ``for the activities
outlined in paragraph (2)'' after
``generated''; and
(D) by adding at the end the following:
``(D) Any funds made available under subparagraph
(C) that are not obligated or expended by the end of
the fourth full fiscal year after the date of the sale
or exchange of land that generated the funds may be
expended in any State.'';
(6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
(A) by inserting after subparagraph (A) the
following:
``(B) the extent to which the acquisition of the
land or interest therein will increase the public
availability of resources for, and facilitate public
access to, hunting, fishing, and other recreational
activities;''; and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D);
(7) in section 206(f) (43 U.S.C. 2305(f)), by amending
paragraph (2) to read as follows:
``(2) any remaining balance in the account shall be
deposited in the Treasury and used for deficit reduction,
except that in the case of a fiscal year for which there is no
Federal budget deficit, such amounts shall be used to reduce
the Federal debt (in such manner as the Secretary of the
Treasury considers appropriate).''; and
(8) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting
``96-586''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;''
before ``112 Stat.''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note;
Public Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
TITLE X--AFRICAN ELEPHANT CONSERVATION AND LEGAL IVORY POSSESSION ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``African Elephant Conservation and
Legal Ivory Possession Act''.
SEC. 1002. REFERENCES.
Except as otherwise specifically provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a provision, the reference shall be considered to be made to
a provision of the African Elephant Conservation Act (16 U.S.C. 4201 et
seq.).
SEC. 1003. LIMITED EXEMPTION FOR CERTAIN AFRICAN ELEPHANT IVORY.
Section 2203 (16 U.S.C. 4223) is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence;
(2) by inserting ``and subsection (b) of this section''
after ``2202(e)''; and
(3) by adding at the end the following:
``(b) Exemption.--Nothing in this Act or subsection (a) or (d) of
section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall
be construed to prohibit importation or exportation, or to require
permission of the Secretary for importation or exportation, of--
``(1) any raw ivory or worked ivory--
``(A) imported solely for purposes of becoming part
of a museum's permanent collection, return to a lending
museum, or display in a museum; or
``(B) exported solely for purposes of--
``(i) display in a foreign museum; or
``(ii) return to a foreign person who lent
such ivory to a museum in the United States;
``(2) any raw ivory or worked ivory that was lawfully
importable into the United States on February 24, 2014,
regardless of when acquired; or
``(3) any worked ivory that was previously lawfully
possessed in the United States.''.
SEC. 1004. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW
ENFORCEMENT OFFICERS IN EACH AFRICAN ELEPHANT RANGE
COUNTRY.
Part I (16 U.S.C. 4211 et seq.) is amended by adding at the end the
following:
``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW
ENFORCEMENT OFFICERS IN EACH AFRICAN ELEPHANT RANGE
COUNTRY.
``The Secretary, in coordination with the Secretary of State, may
station United States Fish and Wildlife Service law enforcement
officers in the primary United States diplomatic or consular post in
each African country that has a significant population of African
elephants, who shall assist local wildlife rangers in the protection of
African elephants and facilitate the apprehension of individuals who
illegally kill, or assist the illegal killing of, African elephants.''.
SEC. 1005. CERTIFICATION FOR THE PURPOSES OF THE FISHERMEN'S PROTECTIVE
ACT OF 1967.
Section 2202 (16 U.S.C. 4222) is amended by adding at the end the
following:
``(g) Certification.--When the Secretary of the Interior finds that
a country, directly or indirectly, is a significant transit or
destination point for illegal ivory trade, the Secretary shall certify
such fact to the President with respect to the country for the purposes
of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1978(a)).''.
SEC. 1006. TREATMENT OF ELEPHANT IVORY.
Section 2203 (16 U.S.C. 4223) is further amended by adding at the
end the following:
``(c) Treatment of Elephant Ivory.--Nothing in this Act or the
Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed--
``(1) to prohibit, or to authorize prohibiting, the
possession, sale, delivery, receipt, shipment, or
transportation of African elephant ivory, or any product
containing African elephant ivory, that has been lawfully
imported or crafted in the United States; or
``(2) to authorize using any means of determining for
purposes of this Act or the Endangered Species Act of 1973
whether African elephant ivory has been lawfully imported,
including any presumption or burden of proof applied in such
determination, other than such means used by the Secretary as
of February 24, 2014.''.
SEC. 1007. SPORT-HUNTED ELEPHANT TROPHIES.
Section 2203 (16 U.S.C. 4223) is further amended by adding at the
end the following:
``(d) Sport-Hunted Elephant Trophies.--Nothing in this Act or
subsection (a) or (d) of section 9 of the Endangered Species Act of
1973 (16 U.S.C. 1538) shall be construed to prohibit any citizen or
legal resident of the United States, or an agent of such an individual,
from importing a sport-hunted African elephant trophy under section
2202(e) of this Act, if the country in which the elephant was taken had
an elephant population on Appendix II of CITES at the time the trophy
elephant was taken.
``(e) Relationship to the Convention.--Nothing in this section
shall be construed as modifying or repealing the Secretary's duties to
implement CITES and the appendices thereto, or as modifying or
repealing section 8A or 9(c) of the Endangered Species Act of 1973 (16
U.S.C. 1537a and 1538(c)).''.
SEC. 1008. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL ASSISTANCE
PRIORITY AND REAUTHORIZATION.
(a) Financial Assistance Priority.--Section 2101 (16 U.S.C. 4211)
is amended by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively, and by inserting after subsection (d) the
following:
``(e) Priority.--In providing financial assistance under this
section, the Secretary shall give priority to projects designed to
facilitate the acquisition of equipment and training of wildlife
officials in ivory producing countries to be used in anti-poaching
efforts.''.
(b) Reauthorization.--Section 2306(a) (16 U.S.C. 4245(a)) is
amended by striking ``2007 through 2012'' and inserting ``2016 through
2020''.
SEC. 1009. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
Not later than 90 days after the date of the enactment of this Act,
the Comptroller General of the United States shall conduct a study
examining the effects of a ban of the trade in of fossilized ivory from
mammoths and mastodons on the illegal importation and trade of African
and Asian elephant ivory within the United States, with the exception
of importation or trade thereof related to museum exhibitions or
scientific research, and report to Congress the findings of such study.
TITLE XI--RESPECT FOR TREATIES AND RIGHTS
SEC. 1101. RESPECT FOR TREATIES AND RIGHTS.
Nothing in this Act or the amendments made by this Act shall be
construed to affect or modify any treaty or other right of any
federally recognized Indian tribe.
TITLE XII--PERMITS FOR FILM CREWS OF FIVE PEOPLE OR LESS
SEC. 1201. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.
(a) Purpose.--The purpose of this section is to provide commercial
film crews of 5 persons or fewer access to film in areas designated for
public use during public hours on Federal land and waterways.
(b) National Park System Land.--Section 100905 of title 54, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Except as provided in paragraph (3),
the Secretary''; and
(B) by adding at the end the following:
``(3) Special rules for film crews of 5 persons or fewer.--
``(A) Definition of film crew.--In this paragraph,
the term `film crew' means any persons present on
Federal land or waterways under the jurisdiction of the
Secretary who are associated with the production of a
film.
``(B) Required permit and fee.--For any film crew
of 5 persons or fewer, the Secretary shall require a
permit and assess an annual fee of $200 for commercial
filming activities or similar projects on Federal land
and waterways administered by the Secretary.
``(C) Commercial filming activities.--A permit
issued under subparagraph (B) shall be valid for
commercial filming activities or similar projects that
occur in areas designated for public use during public
hours on all Federal land and waterways administered by
the Secretary for a 1-year period beginning on the date
of issuance of the permit.
``(D) No additional fees.--For persons holding a
permit issued under this paragraph, during the
effective period of the permit, the Secretary shall not
assess any fees in addition to the fee assessed under
subparagraph (B).
``(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under any other
purposes, use of cameras or related equipment used for
the purpose of commercial filming activities or similar
projects in accordance with this paragraph on Federal
land and waterways administered by the Secretary.
``(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued under this
paragraph shall notify the applicable land management
agency with jurisdiction over the Federal land at least
48 hours before entering the Federal land.
``(G) Denial of access.--The head of the applicable
land management agency may deny access to a film crew
under this paragraph if--
``(i) there is a likelihood of resource
damage that cannot be mitigated;
``(ii) there would be an unreasonable
disruption of the use and enjoyment of the site
by the public;
``(iii) the activity poses health or safety
risks to the public; or
``(iv) the filming includes the use of
models or props that are not part of the
natural or cultural resources or administrative
facilities of the Federal land.''; and
(2) in the first sentence of subsection (b), by striking
``collect any costs'' and inserting ``recover any costs''.
(c) Other Federal Land.--Section 1 of Public Law 106-206 (16 U.S.C.
460l-6d) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Except as provided in paragraph (3),
the Secretary''; and
(B) by adding at the end the following:
``(3) Special rules for film crews of 5 persons or fewer.--
``(A) Definition of film crew.--In this paragraph,
the term `film crew' means any persons present on
Federal land or waterways under the jurisdiction of the
Secretary who are associated with the production of a
film.
``(B) Required permit and fee.--For any film crew
of 5 persons or fewer, the Secretary shall require a
permit and assess an annual fee of $200 for commercial
filming activities or similar projects on Federal land
and waterways administered by the Secretary.
``(C) Commercial filming activities.--A permit
issued under subparagraph (B) shall be valid for
commercial filming activities or similar projects that
occur in areas designated for public use during public
hours on all Federal land and waterways administered by
the Secretary for a 1-year period beginning on the date
of issuance of the permit.
``(D) No additional fees.--For persons holding a
permit issued under this paragraph, during the
effective period of the permit, the Secretary shall not
assess any fees in addition to the fee assessed under
subparagraph (B).
``(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under any other
purposes, use of cameras or related equipment used for
the purpose of commercial filming activities or similar
projects in accordance with this paragraph on Federal
land and waterways administered by the Secretary.
``(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued under this
paragraph shall notify the applicable land management
agency with jurisdiction over the Federal land at least
48 hours before entering the Federal land.
``(G) Denial of access.--The head of the applicable
land management agency may deny access to a film crew
under this paragraph if--
``(i) there is a likelihood of resource
damage that cannot be mitigated;
``(ii) there would be an unreasonable
disruption of the use and enjoyment of the site
by the public;
``(iii) the activity poses health or safety
risks to the public; or
``(iv) the filming includes the use of
models or props that are not part of the
natural or cultural resources or administrative
facilities of the Federal land.''; and
(2) in the first sentence of subsection (b)--
(A) by striking ``collect any costs'' and inserting
``recover any costs''; and
(B) by striking ``similar project'' and inserting
``similar projects''.
TITLE XIII--STATE APPROVAL OF FISHING RESTRICTION
SEC. 1301. STATE OR TERRITORIAL APPROVAL OF RESTRICTION OF RECREATIONAL
OR COMMERCIAL FISHING ACCESS TO CERTAIN STATE OR
TERRITORIAL WATERS.
(a) Approval Required.--The Secretary of the Interior and the
Secretary of Commerce shall not restrict recreational or commercial
fishing access to any State or territorial marine waters or Great Lakes
waters within the jurisdiction of the National Park Service or the
Office of National Marine Sanctuaries, respectively, unless those
restrictions are developed in coordination with, and approved by, the
fish and wildlife management agency of the State or territory that has
fisheries management authority over those waters.
(b) Definition.--In this section, the term ``marine waters''
includes coastal waters and estuaries.
TITLE XIV--HUNTING AND RECREATIONAL FISHING WITHIN CERTAIN NATIONAL
FORESTS
SEC. 1401. DEFINITIONS.
In this title:
(1) Hunting.--The term ``hunting'' means use of a firearm,
bow, or other authorized means in the lawful pursuit, shooting,
capture, collection, trapping, or killing of wildlife; attempt
to pursue, shoot, capture, collect, trap, or kill wildlife; or
the training and use of hunting dogs, including field trials.
(2) Recreational fishing.--The term ``recreational
fishing'' means the lawful pursuit, capture, collection, or
killing of fish; or attempt to capture, collect, or kill fish.
(3) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared by the Forest Service for a
unit of the National Forest System pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604).
(4) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a))
SEC. 1402. HUNTING AND RECREATIONAL FISHING WITHIN THE NATIONAL FOREST
SYSTEM.
(a) Prohibition of Restrictions.--The Secretary of Agriculture or
Chief of the Forest Service may not establish policies, directives, or
regulations that restrict the type, season, or method of hunting or
recreational fishing on lands within the National Forest System that
are otherwise open to those activities and are consistent with the
applicable forest plan.
(b) Prior Restrictions Void.--Any restrictions imposed by the
Secretary of Agriculture or Chief of the Forest Service regarding the
type, season, or method of hunting or recreational fishing on lands
within the National Forest System that are otherwise open to those
activities in force on the date of the enactment of this Act shall be
void and have no force or effect.
(c) Applicability.--This section shall apply only to the Kisatchie
National Forest in the State of Louisiana, the De Soto National Forest
in the State of Mississippi, the Mark Twain National Forest in the
State of Missouri, and the Ozark National Forest, the St. Francis
National Forest and the Ouachita National Forest in the States of
Arkansas and Oklahoma.
(d) State Authority.--Nothing in this section, section 1 of the Act
of June 4, 1897 (16 U.S.C. 551), or section 32 of the Act of July 22,
1937 (7 U.S.C. 1011) shall affect the authority of States to manage
hunting or recreational fishing on lands within the National Forest
System.
SEC. 1403. PUBLICATION OF CLOSURE OF ROADS IN FORESTS.
The Chief of the Forest Service shall publish a notice in the
Federal Register for the closure of any public road on Forest System
lands, along with a justification for the closure.
TITLE XV--GRAND CANYON BISON MANAGEMENT ACT
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Grand Canyon Bison Management
Act''.
SEC. 1502. DEFINITIONS.
In this title:
(1) Management plan.--The term ``management plan'' means
the management plan published under section 1503(a).
(2) Park.--The term ``Park'' means the Grand Canyon
National Park.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Skilled public volunteer.--The term ``skilled public
volunteer'' means an individual who possesses--
(A) a valid hunting license issued by the State of
Arizona; and
(B) such other qualifications as the Secretary may
require, after consultation with the Arizona Game and
Fish Commission.
SEC. 1503. BISON MANAGEMENT PLAN FOR GRAND CANYON NATIONAL PARK.
(a) Publication of Plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish a management plan to
reduce, through humane lethal culling by skilled public volunteers and
by other nonlethal means, the population of bison in the Park that the
Secretary determines are detrimental to the use of the Park.
(b) Removal of Animal.--Notwithstanding any other provision of law,
a skilled public volunteer may remove a full bison harvested from the
Park.
(c) Coordination.--The Secretary shall coordinate with the Arizona
Game and Fish Commission regarding the development and implementation
of the management plan.
(d) NEPA Compliance.--In developing the management plan, the
Secretary shall comply with all applicable Federal environmental laws
(including regulations), including the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Limitation.--Nothing in this title applies to the taking of
wildlife in the Park for any purpose other than the implementation of
the management plan.
TITLE XVI--OPEN BOOK ON EQUAL ACCESS TO JUSTICE
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Open Book on Equal Access to
Justice Act''.
SEC. 1602. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.
(a) Agency Proceedings.--Section 504 of title 5, United States
Code, is amended--
(1) in subsection (c)(1), by striking ``, United States
Code'';
(2) by redesignating subsection (f) as subsection (i); and
(3) by striking subsection (e) and inserting the following:
``(e)(1) The Chairman of the Administrative Conference of the
United States, after consultation with the Chief Counsel for Advocacy
of the Small Business Administration, shall report to the Congress, not
later than March 31 of each year through the 6th calendar year
beginning after the initial report under this subsection is submitted,
on the amount of fees and other expenses awarded during the preceding
fiscal year pursuant to this section. The report shall describe the
number, nature, and amount of the awards, the claims involved in the
controversy, and any other relevant information that may aid the
Congress in evaluating the scope and impact of such awards. The report
shall be made available to the public online.
``(2)(A) The report required by paragraph (1) shall account for all
payments of fees and other expenses awarded under this section that are
made pursuant to a settlement agreement, regardless of whether the
settlement agreement is sealed or otherwise subject to nondisclosure
provisions.
``(B) The disclosure of fees and other expenses required under
subparagraph (A) does not affect any other information that is subject
to nondisclosure provisions in the settlement agreement.
``(f) The Chairman of the Administrative Conference shall create
and maintain, during the period beginning on the date the initial
report under subsection (e) is submitted and ending one year after the
date on which the final report under that subsection is submitted,
online a searchable database containing the following information with
respect to each award of fees and other expenses under this section:
``(1) The case name and number of the adversary
adjudication, if available.
``(2) The name of the agency involved in the adversary
adjudication.
``(3) A description of the claims in the adversary
adjudication.
``(4) The name of each party to whom the award was made, as
such party is identified in the order or other agency document
making the award.
``(5) The amount of the award.
``(6) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The online searchable database described in subsection (f)
may not reveal any information the disclosure of which is prohibited by
law or court order.
``(h) The head of each agency shall provide to the Chairman of the
Administrative Conference in a timely manner all information requested
by the Chairman to comply with the requirements of subsections (e),
(f), and (g).''.
(b) Court Cases.--Section 2412(d) of title 28, United States Code,
is amended by adding at the end the following:
``(5)(A) The Chairman of the Administrative Conference of the
United States shall submit to the Congress, not later than March 31 of
each year through the 6th calendar year beginning after the initial
report under this paragraph is submitted, a report on the amount of
fees and other expenses awarded during the preceding fiscal year
pursuant to this subsection. The report shall describe the number,
nature, and amount of the awards, the claims involved in each
controversy, and any other relevant information that may aid the
Congress in evaluating the scope and impact of such awards. The report
shall be made available to the public online.
``(B)(i) The report required by subparagraph (A) shall account for
all payments of fees and other expenses awarded under this subsection
that are made pursuant to a settlement agreement, regardless of whether
the settlement agreement is sealed or otherwise subject to
nondisclosure provisions.
``(ii) The disclosure of fees and other expenses required under
clause (i) does not affect any other information that is subject to
nondisclosure provisions in the settlement agreement.
``(C) The Chairman of the Administrative Conference shall include
and clearly identify in the annual report under subparagraph (A), for
each case in which an award of fees and other expenses is included in
the report--
``(i) any amounts paid from section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(6) The Chairman of the Administrative Conference shall create
and maintain, during the period beginning on the date the initial
report under paragraph (5) is submitted and ending one year after the
date on which the final report under that paragraph is submitted,
online a searchable database containing the following information with
respect to each award of fees and other expenses under this subsection:
``(A) The case name and number.
``(B) The name of the agency involved in the case.
``(C) The name of each party to whom the award was made, as
such party is identified in the order or other court document
making the award.
``(D) A description of the claims in the case.
``(E) The amount of the award.
``(F) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(7) The online searchable database described in paragraph (6) may
not reveal any information the disclosure of which is prohibited by law
or court order.
``(8) The head of each agency (including the Attorney General of
the United States) shall provide to the Chairman of the Administrative
Conference of the United States in a timely manner all information
requested by the Chairman to comply with the requirements of paragraphs
(5), (6), and (7).''.
(c) Clerical Amendments.--Section 2412 of title 28, United States
Code, is amended--
(1) in subsection (d)(3), by striking ``United States
Code,''; and
(2) in subsection (e)--
(A) by striking ``of section 2412 of title 28,
United States Code,'' and inserting ``of this
section''; and
(B) by striking ``of such title'' and inserting
``of this title''.
(d) Effective Date.--
(1) In general.--The amendments made by subsections (a) and
(b) shall first apply with respect to awards of fees and other
expenses that are made on or after the date of the enactment of
this Act.
(2) Initial reports.--The first reports required by section
504(e) of title 5, United States Code, and section 2412(d)(5)
of title 28, United States Code, shall be submitted not later
than March 31 of the calendar year following the first calendar
year in which a fiscal year begins after the date of the
enactment of this Act.
(3) Online databases.--The online databases required by
section 504(f) of title 5, United States Code, and section
2412(d)(6) of title 28, United States Code, shall be
established as soon as practicable after the date of the
enactment of this Act, but in no case later than the date on
which the first reports under section 504(e) of title 5, United
States Code, and section 2412(d)(5) of title 28, United States
Code, are required to be submitted under paragraph (2) of this
subsection.
TITLE XVII--UTILITY TERRAIN VEHICLES
SEC. 1701. UTILITY TERRAIN VEHICLES IN KISATCHIE NATIONAL FOREST.
(a) In General.--The Forest Administrator shall amend the
applicable travel plan to allow utility terrain vehicles access on all
roads nominated by the Secretary of Louisiana Wildlife and Fisheries in
the Kisatchie National Forest, except when such designation would pose
an unacceptable safety risk, in which case the Forest Administrator
shall publish a notice in the Federal Register with a justification for
the closure.
(b) Utility Terrain Vehicles Defined.--For purposes of this
section, the term ``utility terrain vehicle''--
(1) means any recreational motor vehicle designed for and
capable of travel over designated roads, traveling on four or
more tires with a maximum tire width of 27 inches, a maximum
wheel cleat or lug of \3/4\ of an inch, a minimum width of 50
inches but not exceeding 74 inches, a minimum weight of at
least 700 pounds but not exceeding 2,000 pounds, and a minimum
wheelbase of 61 inches but not exceeding 110 inches;
(2) includes vehicles not equipped with a certification
label as required by part 567.4 of title 49, Code of Federal
Regulations; and
(3) does not include golf carts, vehicles specially
designed to carry a disabled person, or vehicles otherwise
registered under section 32.299 of the Louisiana State
statutes.
TITLE XVIII--GOOD SAMARITAN SEARCH AND RECOVERY
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Good Samaritan Search and Recovery
Act''.
SEC. 1802. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.
(a) Definitions.--In this section:
(1) Eligible.--The term ``eligible'', with respect to an
organization or individual, means that the organization or
individual, respectively, is--
(A) acting in a not-for-profit capacity; and
(B) composed entirely of members who, at the time
of the good Samaritan search-and-recovery mission, have
attained the age of majority under the law of the State
where the mission takes place.
(2) Good samaritan search-and-recovery mission.--The term
``good Samaritan search-and-recovery mission'' means a search
conducted by an eligible organization or individual for 1 or
more missing individuals believed to be deceased at the time
that the search is initiated.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Agriculture, as applicable.
(b) Process.--
(1) In general.--Each Secretary shall develop and implement
a process to expedite access to Federal land under the
administrative jurisdiction of the Secretary for eligible
organizations and individuals to request access to Federal land
to conduct good Samaritan search-and-recovery missions.
(2) Inclusions.--The process developed and implemented
under this subsection shall include provisions to clarify
that--
(A) an eligible organization or individual granted
access under this section--
(i) shall be acting for private purposes;
and
(ii) shall not be considered to be a
Federal volunteer;
(B) an eligible organization or individual
conducting a good Samaritan search-and-recovery mission
under this section shall not be considered to be a
volunteer under section 102301(c) of title 54, United
States Code;
(C) chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act''),
shall not apply to an eligible organization or
individual carrying out a privately requested good
Samaritan search-and-recovery mission under this
section; and
(D) an eligible organization or entity who conducts
a good Samaritan search-and-recovery mission under this
section shall serve without pay from the Federal
Government for such service.
(c) Release of Federal Government From Liability.--The Secretary
shall not require an eligible organization or individual to have
liability insurance as a condition of accessing Federal land under this
section, if the eligible organization or individual--
(1) acknowledges and consents, in writing, to the
provisions described in subparagraphs (A) through (D) of
subsection (b)(2); and
(2) signs a waiver releasing the Federal Government from
all liability relating to the access granted under this section
and agrees to indemnify and hold harmless the United States
from any claims or lawsuits arising from any conduct by the
eligible organization or individual on Federal land.
(d) Approval and Denial of Requests.--
(1) In general.--The Secretary shall notify an eligible
organization or individual of the approval or denial of a
request by the eligible organization or individual to carry out
a good Samaritan search-and-recovery mission under this section
by not later than 48 hours after the request is made.
(2) Denials.--If the Secretary denies a request from an
eligible organization or individual to carry out a good
Samaritan search-and-recovery mission under this section, the
Secretary shall notify the eligible organization or individual
of--
(A) the reason for the denial of the request; and
(B) any actions that the eligible organization or
individual can take to meet the requirements for the
request to be approved.
(e) Partnerships.--Each Secretary shall develop search-and-
recovery-focused partnerships with search-and-recovery organizations--
(1) to coordinate good Samaritan search-and-recovery
missions on Federal land under the administrative jurisdiction
of the Secretary; and
(2) to expedite and accelerate good Samaritan search-and-
recovery mission efforts for missing individuals on Federal
land under the administrative jurisdiction of the Secretary.
(f) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretaries shall submit to Congress a joint report
describing--
(1) plans to develop partnerships described in subsection
(e)(1); and
(2) efforts carried out to expedite and accelerate good
Samaritan search-and-recovery mission efforts for missing
individuals on Federal land under the administrative
jurisdiction of each Secretary pursuant to subsection (e)(2).
TITLE XIX--INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION
SEC. 1901. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.
(a) In General.--Section 926A of title 18, United States Code, is
amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
``(a) Notwithstanding any provision of any law, rule, or regulation
of a State or any political subdivision thereof:
``(1) A person who is not prohibited by this chapter from
possessing, transporting, shipping, or receiving a firearm or
ammunition shall be entitled to transport a firearm for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the firearm to any other such
place if, during the transportation, the firearm is unloaded,
and--
``(A) if the transportation is by motor vehicle,
the firearm is not directly accessible from the
passenger compartment of the vehicle, and, if the
vehicle is without a compartment separate from the
passenger compartment, the firearm is in a locked
container other than the glove compartment or console,
or is secured by a secure gun storage or safety device;
or
``(B) if the transportation is by other means, the
firearm is in a locked container or secured by a secure
gun storage or safety device.
``(2) A person who is not prohibited by this chapter from
possessing, transporting, shipping, or receiving a firearm or
ammunition shall be entitled to transport ammunition for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the ammunition, to any other such
place if, during the transportation, the ammunition is not
loaded into a firearm, and--
``(A) if the transportation is by motor vehicle,
the ammunition is not directly accessible from the
passenger compartment of the vehicle, and, if the
vehicle is without a compartment separate from the
passenger compartment, the ammunition is in a locked
container other than the glove compartment or console;
or
``(B) if the transportation is by other means, the
ammunition is in a locked container.
``(b) In subsection (a), the term `transport' includes staying in
temporary lodging overnight, stopping for food, fuel, vehicle
maintenance, an emergency, medical treatment, and any other activity
incidental to the transport, but does not include transportation--
``(1) with the intent to commit a crime punishable by
imprisonment for a term exceeding one year that involves the
use or threatened use of force against another; or
``(2) with knowledge, or reasonable cause to believe, that
such a crime is to be committed in the course of, or arising
from, the transportation.
``(c)(1) A person who is transporting a firearm or ammunition may
not be arrested or otherwise detained for violation of any law or any
rule or regulation of a State or any political subdivision thereof
related to the possession, transportation, or carrying of firearms,
unless there is probable cause to believe that the person is doing so
in a manner not provided for in subsection (a).
``(2) When a person asserts this section as a defense in a criminal
proceeding, the prosecution shall bear the burden of proving, beyond a
reasonable doubt, that the conduct of the person did not satisfy the
conditions set forth in subsection (a).
``(3) When a person successfully asserts this section as a defense
in a criminal proceeding, the court shall award the prevailing
defendant a reasonable attorney's fee.
``(d)(1) A person who is deprived of any right, privilege, or
immunity secured by this section, section 926B or 926C, under color of
any statute, ordinance, regulation, custom, or usage of any State or
any political subdivision thereof, may bring an action in any
appropriate court against any other person, including a State or
political subdivision thereof, who causes the person to be subject to
the deprivation, for damages and other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as the court
deems appropriate, including a reasonable attorney's fee.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended in the item relating to section 926A by striking ``firearms''
and inserting ``firearms or ammunition''.
TITLE XX--GRAY WOLVES
SEC. 2001. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN THE
WESTERN GREAT LAKES.
Before the end of the 60-day period beginning on the date of
enactment of this Act, the Secretary of the Interior shall reissue the
final rule published on December 28, 2011 (76 Fed. Reg. 81666), without
regard to any other provision of statute or regulation that applies to
issuance of such rule. Such reissuance shall not be subject to judicial
review.
SEC. 2002. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN WYOMING.
Before the end of the 60-day period beginning on the date of
enactment of this Act, the Secretary of the Interior shall reissue the
final rule published on September 10, 2012 (77 Fed. Reg. 55530),
without regard to any other provision of statute or regulation that
applies to issuance of such rule. Such reissuance shall not be subject
to judicial review.
TITLE XXI--MISCELLANEOUS PROVISIONS
SEC. 2101. PROHIBITION ON ISSUANCE OF FINAL RULE.
The Director of the United States Fish and Wildlife Service shall
not issue a final rule that--
(1) succeeds the proposed rule entitled ``Non-Subsistence
Take of Wildlife, and Public Participation and Closure
Procedures, on National Wildlife Refuges in Alaska'' (81 Fed.
Reg. 887 (January 8, 2016)); or
(2) is substantially similar to that proposed rule.
SEC. 2102. WITHDRAWAL OF EXISTING RULE REGARDING HUNTING AND TRAPPING
IN ALASKA.
The Director of the National Park Service shall withdraw the final
rule entitled ``Alaska; Hunting and Trapping in National Preserves''
(80 Fed. Reg. 64325 (October 23, 2015)) by not later than 30 days after
the date
of the enactment of this Act, and shall not issue a rule that is
substantially similar to that rule.
Passed the House of Representatives February 26, 2016.
Attest:
KAREN L. HAAS,
Clerk.