[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3173 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 3173
To promote conservation for the purpose of enhancing hunting, fishing
and other outdoor recreational opportunities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2015
Mr. Walz (for himself, Mr. Wittman, Mr. Gene Green of Texas, Mr. Duncan
of South Carolina, Mr. Thompson of Mississippi, Mr. Thompson of
California, and Mr. Kind) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To promote conservation for the purpose of enhancing hunting, fishing
and other outdoor recreational opportunities.
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 Conservation and Outdoor
Recreation Enhancement Act''.
SEC. 2. SENSE OF CONGRESS REGARDING NATIONAL FISH HABITAT INITIATIVE.
It is the sense of Congress that--
(1) the mission of the National Fish Habitat Initiative is
to protect, restore, and enhance the Nation's fish populations
through partnerships that foster fish habitat conservation and
improve the quality of life for the American people;
(2) the national network of Fish Habitat Partnerships
established under the National Fish Habitat Initiative--
(A) promotes intact and healthy fish habitats;
(B) encourages community-based projects with a goal
of ensuring a broad diversity of fish and fish
populations; and
(C) supports the economic significance of fish
habitat resources and the recreational, subsistence,
and commercial fishing linked to these resources in the
United States; and
(3) the enactment by Congress of implementing legislation
for the National Fish Habitat Initiative would ensure continued
Federal support for the ongoing activities of the National Fish
Habitat Partnerships.
SEC. 3. FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION.
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 of 2015, 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) in section 206(c)(2) (43 U.S.C. 2305(c)(2)), by adding
at the end the following:
``(E) Any funds made available under subparagraph
(D) 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.'';
(5) 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), (C), and
(D) as subparagraphs (C), (D), and (E);
(6) 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
(7) 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).''.
SEC. 4. NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION.
Section 7(c) of the North American Wetlands Conservation Act (16
U.S.C. 4406(c)) is amended by striking ``not to exceed--'' and all that
follows through paragraph (5) and inserting ``not to exceed $50,000,000
for each of fiscal years 2016 through 2020.''.
SEC. 5. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT
REAUTHORIZATION.
(a) Board of Directors of the Foundation.--
(1) In general.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is
amended--
(A) in subsection (b)--
(i) by striking paragraph (2) and inserting
the following:
``(2) In general.--After consulting with the Secretary of
Commerce and considering the recommendations submitted by the
Board, the Secretary of the Interior shall appoint 28 Directors
who, to the maximum extent practicable, shall--
``(A) be knowledgeable and experienced in matters
relating to the conservation of fish, wildlife, or
other natural resources; and
``(B) represent a balance of expertise in ocean,
coastal, freshwater, and terrestrial resource
conservation.''; and
(ii) by striking paragraph (3) and
inserting the following:
``(3) Terms.--Each Director (other than a Director
described in paragraph (1)) shall be appointed for a term of 6
years.''; and
(B) in subsection (g)(2)--
(i) in subparagraph (A), by striking ``(A)
Officers and employees may not be appointed
until the Foundation has sufficient funds to
pay them for their service. Officers'' and
inserting the following:
``(A) In general.--Officers''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Executive director.--The Foundation shall
have an Executive Director who shall be--
``(i) appointed by, and serve at the
direction of, the Board as the chief executive
officer of the Foundation; and
``(ii) knowledgeable and experienced in
matters relating to fish and wildlife
conservation.''.
(2) Conforming amendment.--Section 4(a)(1)(B) of the North
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is
amended by striking ``Secretary of the Board'' and inserting
``Executive Director of the Board''.
(b) Rights and Obligations of the Foundation.--Section 4 of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703) is amended--
(1) in subsection (c)--
(A) by striking ``(c) Powers.--To carry out its
purposes under'' and inserting the following:
``(c) Powers.--
``(1) In general.--To carry out the purposes described
in'';
(B) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and
indenting appropriately;
(C) in subparagraph (D) (as redesignated by
subparagraph (B)), by striking ``that are insured by an
agency or instrumentality of the United States'' and
inserting ``at 1 or more financial institutions that
are members of the Federal Deposit Insurance
Corporation or the Securities Investment Protection
Corporation'';
(D) in subparagraph (E) (as redesignated by
subparagraph (B)), by striking ``paragraph (3) or (4)''
and inserting ``subparagraph (C) or (D)'';
(E) in subparagraph (J) (as redesignated by
subparagraph (B)), by striking ``; and'' and inserting
a semicolon;
(F) by striking subparagraph (K) (as redesignated
by subparagraph (B)) and inserting the following:
``(K) to receive and administer restitution and
community service payments, amounts for mitigation of
impacts to natural resources, and other amounts arising
from legal, regulatory, or administrative proceedings,
subject to the condition that the amounts are received
or administered for purposes that further the
conservation and management of fish, wildlife, plants,
and other natural resources; and
``(L) to do acts necessary to carry out the
purposes of the Foundation.''; and
(G) by striking the undesignated matter at the end
and inserting the following:
``(2) Treatment of real property.--
``(A) In general.--For purposes of this Act, an
interest in real property shall be treated as including
easements or other rights for preservation,
conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific,
educational, inspirational, or recreational resources.
``(B) Encumbered real property.--A gift, devise, or
bequest may be accepted by the Foundation even though
the gift, devise, or bequest is encumbered, restricted,
or subject to beneficial interests of private persons
if any current or future interest in the gift, devise,
or bequest is for the benefit of the Foundation.
``(3) Savings clause.--The acceptance and administration of
amounts by the Foundation under paragraph (1)(K) does not
alter, supersede, or limit any regulatory or statutory
requirement associated with those amounts.'';
(2) by striking subsections (f) and (g); and
(3) by redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
(c) Authorization of Appropriations.--Section 10 of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is
amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 2016 through
2020--
``(A) $15,000,000 to the Secretary of the Interior;
``(B) $5,000,000 to the Secretary of Agriculture;
and
``(C) $5,000,000 to the Secretary of Commerce.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Amounts from federal agencies.--
``(A) In general.--In addition to the amounts
authorized to be appropriated under subsection (a),
Federal departments, agencies, or instrumentalities may
provide Federal funds to the Foundation, subject to the
condition that the amounts are used for purposes that
further the conservation and management of fish,
wildlife, plants, and other natural resources in
accordance with this Act.
``(B) Advances.--Federal departments, agencies, or
instrumentalities may advance amounts described in
subparagraph (A) to the Foundation in a lump sum
without regard to when the expenses for which the
amounts are used are incurred.
``(C) Management fees.--The Foundation may assess
and collect fees for the management of amounts received
under this paragraph.'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``funds'' and inserting ``amounts'';
(ii) by striking ``shall be used'' and
inserting ``may be used''; and
(iii) by striking ``and State and local
government agencies'' and inserting ``, State
and local government agencies, and other
entities''; and
(C) by adding at the end the following:
``(3) Administration of amounts.--
``(A) In general.--In entering into contracts,
agreements, or other partnerships pursuant to this Act,
a Federal department, agency, or instrumentality shall
have discretion to waive any competitive process
applicable to the department, agency, or
instrumentality for entering into contracts,
agreements, or partnerships with the Foundation if the
purpose of the waiver is--
``(i) to address an environmental emergency
resulting from a natural or other disaster; or
``(ii) as determined by the head of the
applicable Federal department, agency, or
instrumentality, to reduce administrative
expenses and expedite the conservation and
management of fish, wildlife, plants, and other
natural resources.
``(B) Reports.--The Foundation shall include in the
annual report submitted under section 7(b) a
description of any use of the authority under
subparagraph (A) by a Federal department, agency, or
instrumentality in that fiscal year.''; and
(3) by adding at the end the following:
``(d) Use of Gifts, Devises, or Bequests of Money or Other
Property.--Any gifts, devises, or bequests of amounts or other
property, or any other amounts or other property, transferred to,
deposited with, or otherwise in the possession of the Foundation
pursuant to this Act, may be made available by the Foundation to
Federal departments, agencies, or instrumentalities and may be accepted
and expended (or the disposition of the amounts or property directed),
without further appropriation, by those Federal departments, agencies,
or instrumentalities, subject to the condition that the amounts or
property be used for purposes that further the conservation and
management of fish, wildlife, plants, and other natural resources.''.
(d) Limitation on Authority.--Section 11 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by
inserting ``exclusive'' before ``authority''.
SEC. 6. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT REAUTHORIZATION.
The Neotropical Migratory Bird Conservation Act is amended--
(1) in section 9(c)(2) (16 U.S.C. 6108(c)(2)), by striking
``3'' and inserting ``4''; and
(2) by amending section 10 (16 U.S.C. 6109) to read as
follows:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this Act $6,500,000 for each of fiscal years 2016 through 2020.
``(b) Use of Funds.--Of the amounts made available under subsection
(a) for each fiscal year, not less than 75 percent shall be expended
for projects carried out at a location outside of the United States.''.
SEC. 7. PARTNERS FOR FISH AND WILDLIFE PROGRAM ACT REAUTHORIZATION.
Section 5 of the Partners for Fish and Wildlife Act (16 U.S.C.
3774) is amended by striking ``2011'' and inserting ``2020''.
SEC. 8. MAKING PUBLIC LANDS PUBLIC.
(a) Availability of Funds.--Section 200303 of title 54, United
States Code, is amended to read as follows:
``Sec. 200303. Availability of funds for certain projects
``Notwithstanding any other provision of this Act, the Secretary
and the Secretary of Agriculture shall ensure that, of the amounts
appropriated for the fund for each fiscal year, not less than the
greater of 1.5 percent of the amounts or $10,000,000 shall be made
available for projects that secure public access to Federal land for
hunting, fishing, and other recreational purposes through easements,
rights-of-way, or fee title acquisitions from willing sellers.''.
(b) Conforming Amendments.--
(1) Availability of deposits.--Section 200302(c)(3) of
title 54, United States Code, is amended by striking
``Notwithstanding section 200303 of this title, money'' and
inserting ``Money''.
(2) Contracts for acquisition of land and water.--Section
200308 of title 54, United States Code, is amended in the first
sentence, by striking ``by section 200303 of this title''.
(3) Contracts for options to acquire land and water in
system.--Section 200309 of title 54, United States Code, is
amended in the third sentence by striking ``by section 200303
of this title''.
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