[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 556 Reported in Senate (RS)]
<DOC>
Calendar No. 328
114th CONGRESS
1st Session
S. 556
[Report No. 114-183]
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2015
Ms. Murkowski introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
December 16, 2015
Reported by Ms. Murkowski, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``Bipartisan Sportsmen's Act of 2015''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--REGULATORY REFORMS
<DELETED>Sec. 101. Recreational fishing, hunting, and recreational
shooting on Federal public land.
<DELETED>Sec. 102. Annual permit and fee for film crews of 5 persons or
fewer.
<DELETED>Sec. 103. Federal action transparency.
<DELETED>Sec. 104. Bows in the Parks.
<DELETED>TITLE II--HABITAT CONSERVATION
<DELETED>Sec. 201. Availability of Land and Water Conservation Fund for
recreational public access projects.
<DELETED>Sec. 202. Identifying opportunities for recreation, hunting,
and fishing on Federal land.
<DELETED>Sec. 203. Federal Land Transaction Facilitation Act.
<DELETED>TITLE I--REGULATORY REFORMS</DELETED>
<DELETED>SEC. 101. RECREATIONAL FISHING, HUNTING, AND RECREATIONAL
SHOOTING ON FEDERAL PUBLIC LAND.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Federal public land.--</DELETED>
<DELETED> (A) In general.--The term ``Federal public
land'' means any land or water that is--</DELETED>
<DELETED> (i) owned by the United States;
and</DELETED>
<DELETED> (ii) managed by a Federal agency
(including the Department of the Interior and
the Forest Service) for purposes that include
the conservation of natural
resources.</DELETED>
<DELETED> (B) Exclusions.--The term ``Federal public
land'' does not include--</DELETED>
<DELETED> (i) land or water held or managed
in trust for the benefit of Indian tribes or
individual Indians;</DELETED>
<DELETED> (ii) land or water managed by the
Director of the National Park Service or the
Director of the United States Fish and Wildlife
Service;</DELETED>
<DELETED> (iii) fish hatcheries;
or</DELETED>
<DELETED> (iv) conservation easements on
private land.</DELETED>
<DELETED> (2) Hunting.--</DELETED>
<DELETED> (A) In general.--The term ``hunting''
means use of a firearm, bow, or other authorized means
in the lawful--</DELETED>
<DELETED> (i) pursuit, shooting, capture,
collection, trapping, or killing of wildlife;
or</DELETED>
<DELETED> (ii) attempt to pursue, shoot,
capture, collect, trap, or kill
wildlife.</DELETED>
<DELETED> (B) Exclusion.--The term ``hunting'' does
not include the use of skilled volunteers to cull
excess animals (as defined by Federal law (including
regulations)).</DELETED>
<DELETED> (3) Recreational fishing.--The term ``recreational
fishing'' means--</DELETED>
<DELETED> (A) an activity for sport or pleasure that
involves the lawful--</DELETED>
<DELETED> (i) catching, taking, or
harvesting of fish; or</DELETED>
<DELETED> (ii) attempted catching, taking,
or harvesting of fish; or</DELETED>
<DELETED> (B) any other activity for sport or
pleasure that can reasonably be expected to result in
the lawful catching, taking, or harvesting of
fish.</DELETED>
<DELETED> (4) Recreational shooting.--The term
``recreational shooting'' means any form of sport, training,
competition, or pastime, whether formal or informal, that
involves--</DELETED>
<DELETED> (A) the discharge of a rifle, handgun, or
shotgun; or</DELETED>
<DELETED> (B) the use of a bow and arrow.</DELETED>
<DELETED> (b) Recreational Fishing, Hunting, and Recreational
Shooting.--</DELETED>
<DELETED> (1) In general.--Subject to valid existing rights,
and in cooperation with the respective State fish and wildlife
agency, a Federal public land management official shall
exercise the authority of the official under existing law
(including provisions regarding land use planning) to
facilitate use of and access to Federal public land for
recreational fishing, hunting, and recreational shooting except
as limited by--</DELETED>
<DELETED> (A) any Federal law (including
regulations) that authorizes action or withholding
action for reasons of national security, public safety,
or resource conservation;</DELETED>
<DELETED> (B) any other Federal law (including
regulations) that precludes recreational fishing,
hunting, or recreational shooting on specific Federal
public land units of Federal public land, or water;
or</DELETED>
<DELETED> (C) discretionary limitations on
recreational 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.</DELETED>
<DELETED> (2) Management.--Consistent with paragraph (1),
the head of each Federal public land management agency shall
exercise the land management discretion of the head--</DELETED>
<DELETED> (A) in a manner that supports and
facilitates recreational fishing, hunting, and
recreational shooting opportunities;</DELETED>
<DELETED> (B) to the extent authorized under
applicable State law; and</DELETED>
<DELETED> (C) in accordance with applicable Federal
law.</DELETED>
<DELETED> (3) Planning.--</DELETED>
<DELETED> (A) Effects of plans and activities.--
</DELETED>
<DELETED> (i) Evaluation of effects on
opportunities to engage in recreational
fishing, hunting, or recreational shooting.--
Federal public land planning documents
(including land resources management plans,
resource management plans, travel management
plans, and energy development plans) shall
include a specific evaluation of the effects of
the plans on opportunities to engage in
recreational fishing, hunting, or recreational
shooting.</DELETED>
<DELETED> (ii) Other activity not
considered.--</DELETED>
<DELETED> (I) In general.--Federal
public land management officials shall
not be required to consider the
existence or availability of
recreational fishing, hunting, or
recreational shooting opportunities on
private or public land that is located
adjacent to, or in the vicinity of,
Federal public land for purposes of--
</DELETED>
<DELETED> (aa) planning for
or determining which units of
Federal public land are open
for recreational fishing,
hunting, or recreational
shooting; or</DELETED>
<DELETED> (bb) setting the
levels of use for recreational
fishing, hunting, or
recreational shooting on
Federal public land.</DELETED>
<DELETED> (II) Enhanced
opportunities.--Federal public land
management officials may consider the
opportunities described in subclause
(I) if the combination of those
opportunities would enhance the
recreational fishing, hunting, or
shooting opportunities available to the
public.</DELETED>
<DELETED> (B) Use of volunteers.--If hunting is
prohibited by law, all Federal public land planning
documents described in subparagraph (A)(i) of an agency
shall, after appropriate coordination with State fish
and wildlife agencies, allow the participation of
skilled volunteers in the culling and other management
of wildlife populations on Federal public land unless
the head of the agency demonstrates, based on the best
scientific data available or applicable Federal law,
why skilled volunteers should not be used to control
overpopulation of wildlife on the land that is the
subject of the planning document.</DELETED>
<DELETED> (4) Bureau of land management and forest service
land.--</DELETED>
<DELETED> (A) Land open.--</DELETED>
<DELETED> (i) In general.--Land under the
jurisdiction of the Bureau of Land Management
or the Forest Service (including a component of
the National Wilderness Preservation System,
land designated as a wilderness study area or
administratively classified as wilderness
eligible or suitable, and primitive or
semiprimitive areas, but excluding land on the
outer Continental Shelf) shall be open to
recreational fishing, hunting, and recreational
shooting unless the managing Federal public
land agency acts to close the land to the
activity.</DELETED>
<DELETED> (ii) Motorized access.--Nothing in
this subparagraph authorizes or requires
motorized access or the use of motorized
vehicles for recreational fishing, hunting, or
recreational shooting purposes within land
designated as a wilderness study area or
administratively classified as wilderness
eligible or suitable.</DELETED>
<DELETED> (B) Closure or restriction.--Land
described in subparagraph (A)(i) 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 interests, national security, or compliance with
other law, as determined appropriate by the Director of
the Bureau of Land Management or the Chief of the
Forest Service, as applicable.</DELETED>
<DELETED> (C) Shooting ranges.--</DELETED>
<DELETED> (i) In general.--Except as
provided in clause (iii), the head of each
Federal public land agency may use the
authorities of the head, in a manner consistent
with this section and other applicable law--
</DELETED>
<DELETED> (I) to lease or permit use
of land under the jurisdiction of the
head for shooting ranges; and</DELETED>
<DELETED> (II) to designate specific
land under the jurisdiction of the head
for recreational shooting
activities.</DELETED>
<DELETED> (ii) Limitation on liability.--Any
designation under clause (i)(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 recreational shooting activity
occurring at or on the designated
land.</DELETED>
<DELETED> (iii) Exception.--The head of each
Federal public land agency shall not lease or
permit use of Federal public land for shooting
ranges or designate land for recreational
shooting activities within a component of the
National Wilderness Preservation System, land
designated as a wilderness study area or
administratively classified as wilderness
eligible or suitable, and primitive or
semiprimitive areas.</DELETED>
<DELETED> (5) Report.--Not later than October 1 of every
other year, beginning with the second October 1 after the date
of enactment of this Act, the head of each Federal public land
agency who has authority to manage Federal public land on which
recreational fishing, hunting, or recreational shooting occurs
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--</DELETED>
<DELETED> (A) any Federal public land administered
by the agency head that was closed to recreational
fishing, hunting, or recreational shooting at any time
during the preceding year; and</DELETED>
<DELETED> (B) the reason for the closure.</DELETED>
<DELETED> (6) Closures or significant restrictions of 1,280
or more acres.--</DELETED>
<DELETED> (A) In general.--Other than closures
established or prescribed by land planning actions
referred to in paragraph (4)(B) or emergency closures
described in subparagraph (C), a permanent or temporary
withdrawal, change of classification, or change of
management status of Federal public land or water that
effectively closes or significantly restricts 1,280 or
more contiguous acres of Federal public land or water
to access or use for recreational fishing or hunting or
activities relating to fishing or hunting shall take
effect only if, before the date of withdrawal or
change, the head of the Federal public land agency that
has jurisdiction over the Federal public land or
water--</DELETED>
<DELETED> (i) publishes appropriate notice
of the withdrawal or change,
respectively;</DELETED>
<DELETED> (ii) demonstrates that
coordination has occurred with a State fish and
wildlife agency; and</DELETED>
<DELETED> (iii) 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.</DELETED>
<DELETED> (B) Aggregate or cumulative effects.--If
the aggregate or cumulative effect of separate
withdrawals or changes effectively closes or
significantly restricts or affects 1,280 or more acres
of land or water, the withdrawals and changes shall be
treated as a single withdrawal or change for purposes
of subparagraph (A).</DELETED>
<DELETED> (C) Emergency closures.--</DELETED>
<DELETED> (i) In general.--Nothing in this
section prohibits a Federal public land
management agency from establishing or
implementing emergency closures or restrictions
of the smallest practicable area of Federal
public land to provide for public safety,
resource conservation, national security, or
other purposes authorized by law.</DELETED>
<DELETED> (ii) Termination.--An emergency
closure under clause (i) shall terminate after
a reasonable period of time unless the
temporary closure is converted to a permanent
closure consistent with this section.</DELETED>
<DELETED> (7) No priority.--Nothing in this section requires
a Federal agency to give preference to recreational fishing,
hunting, or recreational shooting over other uses of Federal
public land or over land or water management priorities
established by other Federal law.</DELETED>
<DELETED> (8) Consultation with councils.--In carrying out
this section, the heads of Federal public land agencies shall
consult with the appropriate advisory councils established
under Executive Order 12962 (16 U.S.C. 1801 note; relating to
recreational fisheries) and Executive Order 13443 (16 U.S.C.
661 note; relating to facilitation of hunting heritage and
wildlife conservation).</DELETED>
<DELETED> (9) Authority of states.--</DELETED>
<DELETED> (A) In general.--Nothing in this section
interferes with, diminishes, or conflicts with the
authority, jurisdiction, or responsibility of any State
to manage, control, or regulate fish and wildlife under
State law (including regulations) on land or water
within the State, including on Federal public
land.</DELETED>
<DELETED> (B) Federal licenses.--</DELETED>
<DELETED> (i) In general.--Except as
provided in clause (ii), nothing in this
subsection authorizes the head of a Federal
public land agency head to require a license,
fee, or permit to fish, hunt, or trap on land
or water in a State, including on Federal
public land in the State.</DELETED>
<DELETED> (ii) Migratory bird stamps.--
Nothing in this subparagraph affects any
migratory bird stamp requirement of the
Migratory Bird Hunting and Conservation Stamp
Act (16 U.S.C. 718a et seq.).</DELETED>
<DELETED>SEC. 102. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR
FEWER.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) National Park System Land.--Section 100905 of title
54, United States Code, is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``The
Secretary'' and inserting ``Except as provided in
paragraph (3), the Secretary''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(3) Special rules for film crews of 5 persons or
fewer.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(G) Denial of access.--The head of the
applicable land management agency may deny access to a
film crew under this paragraph if--</DELETED>
<DELETED> ``(i) there is a likelihood of
resource damage that cannot be
mitigated;</DELETED>
<DELETED> ``(ii) there would be an
unreasonable disruption of the use and
enjoyment of the site by the public;</DELETED>
<DELETED> ``(iii) the activity poses health
or safety risks to the public; or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in the first sentence of subsection (b), by
striking ``collect any costs'' and inserting ``recover any
costs''.</DELETED>
<DELETED> (c) Other Federal Land.--Section 1 of Public Law 106-206
(16 U.S.C. 460l-6d) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``The
Secretary'' and inserting ``Except as provided in
paragraph (3), the Secretary''; and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(3) Special rules for film crews of 5 persons or
fewer.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(G) Denial of access.--The head of the
applicable land management agency may deny access to a
film crew under this paragraph if--</DELETED>
<DELETED> ``(i) there is a likelihood of
resource damage that cannot be
mitigated;</DELETED>
<DELETED> ``(ii) there would be an
unreasonable disruption of the use and
enjoyment of the site by the public;</DELETED>
<DELETED> ``(iii) the activity poses health
or safety risks to the public; or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in the first sentence of subsection (b)--
</DELETED>
<DELETED> (A) by striking ``collect any costs'' and
inserting ``recover any costs''; and</DELETED>
<DELETED> (B) by striking ``similar project'' and
inserting ``similar projects''.</DELETED>
<DELETED>SEC. 103. FEDERAL ACTION TRANSPARENCY.</DELETED>
<DELETED> (a) Modification of Equal Access to Justice Provisions.--
</DELETED>
<DELETED> (1) Agency proceedings.--Section 504 of title 5,
United States Code, is amended--</DELETED>
<DELETED> (A) in subsection (c)(1), by striking ``,
United States Code'';</DELETED>
<DELETED> (B) by redesignating subsection (f) as
subsection (i); and</DELETED>
<DELETED> (C) by striking subsection (e) and
inserting the following:</DELETED>
<DELETED> ``(e)(1) Not later than March 31 of the first fiscal year
beginning after the date of enactment of the Bipartisan Sportsmen's Act
of 2015, and every fiscal year thereafter, the Chairman of the
Administrative Conference of the United States, after consultation with
the Chief Counsel for Advocacy of the Small Business Administration,
shall submit to Congress and make publicly available online a report on
the amount of fees and other expenses awarded during the preceding
fiscal year under this section.</DELETED>
<DELETED> ``(2) Each report under paragraph (1) shall describe the
number, nature, and amount of the awards, the claims involved in the
controversy, and any other relevant information that may aid Congress
in evaluating the scope and impact of such awards.</DELETED>
<DELETED> ``(3)(A) Each report under 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 a nondisclosure
provision.</DELETED>
<DELETED> ``(B) The disclosure of fees and other expenses required
under subparagraph (A) shall not affect any other information that is
subject to a nondisclosure provision in a settlement
agreement.</DELETED>
<DELETED> ``(f) As soon as practicable, and in any event not later
than the date on which the first report under subsection (e)(1) is
required to be submitted, the Chairman of the Administrative Conference
of the United States shall create and maintain online a searchable
database containing, with respect to each award of fees and other
expenses under this section made on or after the date of enactment of
the Bipartisan Sportsmen's Act of 2015, the following
information:</DELETED>
<DELETED> ``(1) The case name and number of the adversary
adjudication, if available, hyperlinked to the case, if
available.</DELETED>
<DELETED> ``(2) The name of the agency involved in the
adversary adjudication.</DELETED>
<DELETED> ``(3) A description of the claims in the adversary
adjudication.</DELETED>
<DELETED> ``(4) The name of each party to whom the award was
made.</DELETED>
<DELETED> ``(5) The amount of the award.</DELETED>
<DELETED> ``(6) The basis for the finding that the position
of the agency concerned was not substantially
justified.</DELETED>
<DELETED> ``(g) The online searchable database described in
subsection (f) may not reveal any information the disclosure of which
is prohibited by law or a court order.</DELETED>
<DELETED> ``(h) The head of each agency 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 subsections (e), (f), and (g).''.</DELETED>
<DELETED> (2) Court cases.--Section 2412(d) of title 28,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(5)(A) Not later than March 31 of the first fiscal year
beginning after the date of enactment of the Bipartisan Sportsmen's Act
of 2015, and every fiscal year thereafter, the Chairman of the
Administrative Conference of the United States shall submit to Congress
and make publicly available online a report on the amount of fees and
other expenses awarded during the preceding fiscal year pursuant to
this subsection.</DELETED>
<DELETED> ``(B) Each report under subparagraph (A) shall describe
the number, nature, and amount of the awards, the claims involved in
the controversy, and any other relevant information that may aid
Congress in evaluating the scope and impact of such awards.</DELETED>
<DELETED> ``(C)(i) Each report under 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 a
nondisclosure provision.</DELETED>
<DELETED> ``(ii) The disclosure of fees and other expenses required
under clause (i) shall not affect any other information that is subject
to a nondisclosure provision in a settlement agreement.</DELETED>
<DELETED> ``(D) The Chairman of the Administrative Conference of the
United States shall include and clearly identify in each annual report
under subparagraph (A), for each case in which an award of fees and
other expenses is included in the report--</DELETED>
<DELETED> ``(i) any amounts paid under section 1304 of title
31 for a judgment in the case;</DELETED>
<DELETED> ``(ii) the amount of the award of fees and other
expenses; and</DELETED>
<DELETED> ``(iii) the statute under which the plaintiff
filed suit.</DELETED>
<DELETED> ``(6) As soon as practicable, and in any event not later
than the date on which the first report under paragraph (5)(A) is
required to be submitted, the Chairman of the Administrative Conference
of the United States shall create and maintain online a searchable
database containing, with respect to each award of fees and other
expenses under this subsection made on or after the date of enactment
of the Bipartisan Sportsmen's Act of 2015, the following
information:</DELETED>
<DELETED> ``(A) The case name and number, hyperlinked to the
case, if available.</DELETED>
<DELETED> ``(B) The name of the agency involved in the
case.</DELETED>
<DELETED> ``(C) The name of each party to whom the award was
made.</DELETED>
<DELETED> ``(D) A description of the claims in the
case.</DELETED>
<DELETED> ``(E) The amount of the award.</DELETED>
<DELETED> ``(F) The basis for the finding that the position
of the agency concerned was not substantially
justified.</DELETED>
<DELETED> ``(7) The online searchable database described in
paragraph (6) may not reveal any information the disclosure of which is
prohibited by law or a court order.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (3) Technical and conforming amendments.--Section
2412 of title 28, United States Code, is amended--</DELETED>
<DELETED> (A) in subsection (d)(3), by striking
``United States Code,''; and</DELETED>
<DELETED> (B) in subsection (e)--</DELETED>
<DELETED> (i) by striking ``of section 2412
of title 28, United States Code,'' and
inserting ``of this section''; and</DELETED>
<DELETED> (ii) by striking ``of such title''
and inserting ``of this title''.</DELETED>
<DELETED> (b) Judgment Fund Transparency.--Section 1304 of title 31,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(d) Beginning not later than the date that is 60 days
after the date of enactment of the Bipartisan Sportsmen's Act of 2015,
and unless the disclosure of such information is otherwise prohibited
by law or a court order, the Secretary of the Treasury shall make
available to the public on a website, as soon as practicable, but not
later than 30 days after the date on which a payment under this section
is tendered, the following information with regard to that
payment:</DELETED>
<DELETED> ``(1) The name of the specific agency or entity
whose actions gave rise to the claim or judgment.</DELETED>
<DELETED> ``(2) The name of the plaintiff or
claimant.</DELETED>
<DELETED> ``(3) The name of counsel for the plaintiff or
claimant.</DELETED>
<DELETED> ``(4) The amount paid representing principal
liability, and any amounts paid representing any ancillary
liability, including attorney fees, costs, and
interest.</DELETED>
<DELETED> ``(5) A brief description of the facts that gave
rise to the claim.</DELETED>
<DELETED> ``(6) The name of the agency that submitted the
claim.''.</DELETED>
<DELETED>SEC. 104. BOWS IN THE PARKS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Director.--The term ``Director'' means the
Director of the National Park Service.</DELETED>
<DELETED> (2) Not ready for immediate use.--The term ``not
ready for immediate use'' means--</DELETED>
<DELETED> (A) a bow or crossbow, the arrows of which
are secured or stowed in a quiver or other arrow
transport case; and</DELETED>
<DELETED> (B) with respect to a crossbow,
uncocked.</DELETED>
<DELETED> (b) Vehicular Transportation Authorized.--The Director
shall not promulgate or enforce any regulation that prohibits an
individual from transporting bows and crossbows that are not ready for
immediate use across any unit of the National Park System in the
vehicle of the individual if--</DELETED>
<DELETED> (1) the individual is not otherwise prohibited by
law from possessing the bows and crossbows;</DELETED>
<DELETED> (2) the bows or crossbows that are not ready for
immediate use remain inside the vehicle of the individual
throughout the period during which the bows or crossbows are
transported across National Park System land; and</DELETED>
<DELETED> (3) the possession of the bows and crossbows is in
compliance with the law of the State in which the unit of the
National Park System is located.</DELETED>
<DELETED>TITLE II--HABITAT CONSERVATION</DELETED>
<DELETED>SEC. 201. AVAILABILITY OF LAND AND WATER CONSERVATION FUND FOR
RECREATIONAL PUBLIC ACCESS PROJECTS.</DELETED>
<DELETED> (a) Availability of Funds.--Section 200303 of title 54,
United States Code, is amended to read as follows:</DELETED>
<DELETED>``Sec. 200303. Availability of funds for certain
projects</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED> (b) Conforming Amendments.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 202. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING,
AND FISHING ON FEDERAL LAND.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Federal public land management agency.--The
term ``Federal public land management agency'' means any of the
National Park Service, the United States Fish and Wildlife
Service, the Forest Service, and the Bureau of Land
Management.</DELETED>
<DELETED> (2) State or regional office.--The term ``State or
regional office'' means--</DELETED>
<DELETED> (A) a State office of the Bureau of Land
Management; or</DELETED>
<DELETED> (B) a regional office of the National Park
Service, the United States Fish and Wildlife Service,
or the Forest Service.</DELETED>
<DELETED> (3) Travel management plan.--The term ``travel
management plan'' means a plan for the management of travel--
</DELETED>
<DELETED> (A) with respect to land under the
jurisdiction of the National Park Service, on park
roads and designated routes under section 4.10 of title
36, Code of Federal Regulations (or successor
regulations);</DELETED>
<DELETED> (B) with respect to land under the
jurisdiction of the United States Fish and Wildlife
Service, on the land under a comprehensive conservation
plan prepared under section 4(e) of the National
Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd(e));</DELETED>
<DELETED> (C) with respect to land under the
jurisdiction of the Forest Service, on National Forest
System land under part 212 of title 36, Code of Federal
Regulations (or successor regulations); and</DELETED>
<DELETED> (D) with respect to land under the
jurisdiction of the Bureau of Land Management, under a
resource management plan developed under the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.).</DELETED>
<DELETED> (b) Priority Lists Required.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, annually during the 10-year
period beginning on the date on which the first priority list
is completed, and every 5 years after the end of the 10-year
period, each head of each State or regional office shall
prepare a priority list, to be made publicly available on the
website of the applicable Federal public land management
agency, which shall identify the location and acreage of land
under the jurisdiction of the State or regional office on which
the public is allowed, under Federal or State law, to hunt,
fish, or use the land for other recreational purposes but--
</DELETED>
<DELETED> (A) to which there is no public access or
egress; or</DELETED>
<DELETED> (B) to which public access or egress to
the legal boundaries of the land is significantly
restricted (as determined by the head of the State or
regional office).</DELETED>
<DELETED> (2) Minimum size.--Any land identified under
paragraph (1) shall consist of contiguous acreage of at least
640 acres.</DELETED>
<DELETED> (3) Considerations.--In preparing the priority
list required under paragraph (1), the head of the State or
regional office shall consider with respect to the land--
</DELETED>
<DELETED> (A) whether access is absent or merely
restricted, including the extent of the
restriction;</DELETED>
<DELETED> (B) the likelihood of resolving the
absence of or restriction to public access;</DELETED>
<DELETED> (C) the potential for recreational
use;</DELETED>
<DELETED> (D) any information received from the
public or other stakeholders during the nomination
process described in paragraph (5); and</DELETED>
<DELETED> (E) any other factor as determined by the
head of the State or regional office.</DELETED>
<DELETED> (4) Adjacent land status.--For each parcel of land
on the priority list, the head of the State or regional office
shall state whether resolving the issue of public access or
egress to the land would require acquisition of an easement,
right-of-way, or fee title from--</DELETED>
<DELETED> (A) another Federal agency;</DELETED>
<DELETED> (B) a State, local, or tribal government;
or</DELETED>
<DELETED> (C) a private landowner.</DELETED>
<DELETED> (5) Nomination process.--In preparing a priority
list under this section, the head of the State or regional
office shall provide an opportunity for members of the public
to nominate parcels for inclusion on the priority
list.</DELETED>
<DELETED> (c) Access Options.--With respect to land included on a
priority list described in subsection (b), the head of the State or
regional office shall develop and submit to the Committees on
Appropriations and Energy and Natural Resources of the Senate and the
Committees on Appropriations and Natural Resources of the House of
Representatives a report on options for providing access that--
</DELETED>
<DELETED> (1) identifies how public access and egress could
reasonably be provided to the legal boundaries of the land in a
manner that minimizes the impact on wildlife habitat and water
quality;</DELETED>
<DELETED> (2) specifies the steps recommended to secure the
access and egress, including acquiring an easement, right-of-
way, or fee title from a willing owner of any land that abuts
the land or the need to coordinate with State land management
agencies or other Federal, State, or tribal governments to
allow for such access and egress; and</DELETED>
<DELETED> (3) is consistent with the travel management plan
in effect on the land.</DELETED>
<DELETED> (d) Protection of Personally Identifying Information.--In
making the priority list and report prepared under subsections (b) and
(c) available, the head of the State or regional office shall ensure
that no personally identifying information is included, such as names
or addresses of individuals or entities.</DELETED>
<DELETED> (e) Willing Owners.--For purposes of providing any permits
to, or entering into agreements with, a State, local, or tribal
government or private landowner with respect to the use of land under
the jurisdiction of the government or landowner, a Federal land
management agency shall not take into account whether the State, local,
or tribal government or private landowner has granted or denied public
access or egress to the land.</DELETED>
<DELETED> (f) Means of Public Access and Egress Included.--In
considering public access and egress under subsections (b) and (c), the
head of the applicable Federal public land management agency shall
consider public access and egress to the legal boundaries of the land
described in those subsections, including access and egress--</DELETED>
<DELETED> (1) by motorized or non-motorized vehicles;
and</DELETED>
<DELETED> (2) on foot or horseback.</DELETED>
<DELETED> (g) Effect.--</DELETED>
<DELETED> (1) In general.--This section shall have no effect
on whether a particular recreational use shall be allowed on
the land included in a priority list under this
section.</DELETED>
<DELETED> (2) Effect of allowable uses on agency
consideration.--In preparing the priority list under subsection
(b), the head of the applicable State or regional office shall
only consider recreational uses that are allowed on the land at
the time that the priority list is prepared.</DELETED>
<DELETED>SEC. 203. FEDERAL LAND TRANSACTION FACILITATION ACT.</DELETED>
<DELETED> (a) In General.--The Federal Land Transaction Facilitation
Act is amended--</DELETED>
<DELETED> (1) in section 203(2) (43 U.S.C. 2302(2)), by
striking ``on the date of enactment of this Act was'' and
inserting ``is'';</DELETED>
<DELETED> (2) in section 205 (43 U.S.C. 2304)--</DELETED>
<DELETED> (A) in subsection (a), by striking ``(as
in effect on the date of enactment of this Act)'';
and</DELETED>
<DELETED> (B) by striking subsection (d);</DELETED>
<DELETED> (3) in section 206 (43 U.S.C. 2305), by striking
subsection (f); and</DELETED>
<DELETED> (4) in section 207(b) (43 U.S.C. 2306(b))--
</DELETED>
<DELETED> (A) in paragraph (1)--</DELETED>
<DELETED> (i) by striking ``96-568'' and
inserting ``96-586''; and</DELETED>
<DELETED> (ii) by striking ``; or'' and
inserting a semicolon;</DELETED>
<DELETED> (B) in paragraph (2)--</DELETED>
<DELETED> (i) by inserting ``Public Law 105-
263;'' before ``112 Stat.''; and</DELETED>
<DELETED> (ii) by striking the period at the
end and inserting a semicolon; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(3) the White Pine County Conservation,
Recreation, and Development Act of 2006 (Public Law 109-432;
120 Stat. 3028);</DELETED>
<DELETED> ``(4) the Lincoln County Conservation, Recreation,
and Development Act of 2004 (Public Law 108-424; 118 Stat.
2403);</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(7) section 2601 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1108);
or</DELETED>
<DELETED> ``(8) section 2606 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat.
1121).''.</DELETED>
<DELETED> (b) Funds to the Treasury.--Of the amounts deposited in
the Federal Land Disposal Account, there shall be transferred to the
Treasury $1,000,000 for each of fiscal years 2016 through
2025.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sportsmen's Act of
2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL POLICY
Sec. 101. Congressional declaration of national policy.
TITLE II--SPORTSMEN'S ACCESS TO FEDERAL LAND
Sec. 201. Definitions.
Sec. 202. Federal land open to hunting, fishing, and recreational
shooting.
Sec. 203. Closure of Federal land to hunting, fishing, and recreational
shooting.
Sec. 204. Shooting ranges.
Sec. 205. Federal action transparency.
TITLE III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND
Sec. 301. Commercial filming.
TITLE IV--BOWS, WILDLIFE MANAGEMENT, AND ACCESS OPPORTUNITIES FOR
RECREATION, HUNTING, AND FISHING
Sec. 401. Bows in parks.
Sec. 402. Wildlife management in parks.
Sec. 403. Identifying opportunities for recreation, hunting, and
fishing on Federal land.
TITLE V--FEDERAL LAND TRANSACTION FACILITATION ACT
Sec. 501. Federal Land Transaction Facilitation Act.
TITLE VI--CONSERVATION REAUTHORIZATION
Sec. 601. National Park Service Maintenance and Revitalization
Conservation Fund.
Sec. 602. Land and Water Conservation Fund.
Sec. 603. Historic Preservation Fund.
TITLE VII--MISCELLANEOUS
Sec. 701. Respect for treaties and rights.
Sec. 702. No priority.
TITLE I--NATIONAL POLICY
SEC. 101. CONGRESSIONAL DECLARATION OF NATIONAL POLICY.
(a) In General.--Congress declares that it is the policy of the
United States that Federal departments and agencies, in accordance with
the missions of the departments and agencies, Executive Orders 12962
and 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537
(August 16, 2007)), and applicable law, shall--
(1) facilitate the expansion and enhancement of hunting,
fishing, and recreational shooting opportunities on Federal
land, in consultation with the Wildlife and Hunting Heritage
Conservation Council, the Sport Fishing and Boating Partnership
Council, State and tribal fish and wildlife agencies, and the
public;
(2) conserve and enhance aquatic systems and the management
of game species and the habitat of those species on Federal
land, including through hunting and fishing, in a manner that
respects--
(A) State management authority over wildlife
resources; and
(B) private property rights; and
(3) consider hunting, fishing, and recreational shooting
opportunities as part of all Federal plans for land, resource,
and travel management.
(b) Exclusion.--In this Act, the term ``fishing'' does not include
commercial fishing in which fish are harvested, either in whole or in
part, that are intended to enter commerce through sale.
TITLE II--SPORTSMEN'S ACCESS TO FEDERAL LAND
SEC. 201. DEFINITIONS.
In this title:
(1) Federal land.--The term ``Federal land'' means--
(A) any land in the National Forest System (as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a))) that is administered by the Secretary of
Agriculture, acting through the Chief of the Forest
Service; and
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)), the surface of which is administered by
the Secretary of the Interior, acting through the
Director of the Bureau of Land Management.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
land described in paragraph (1)(A); and
(B) the Secretary of the Interior, with respect to
land described in paragraph (1)(B).
SEC. 202. FEDERAL LAND OPEN TO HUNTING, FISHING, AND RECREATIONAL
SHOOTING.
(a) In General.--Subject to subsection (b), Federal land shall be
open to hunting, fishing, and recreational shooting, in accordance with
applicable law, unless the Secretary concerned closes an area in
accordance with section 203.
(b) Effect of Title.--Nothing in this title opens to hunting,
fishing, or recreational shooting any land that is not open to those
activities as of the date of enactment of this Act.
SEC. 203. CLOSURE OF FEDERAL LAND TO HUNTING, FISHING, AND RECREATIONAL
SHOOTING.
(a) Authorization.--
(1) In general.--Subject to paragraph (2) and in accordance
with section 302(b) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may
designate any area on Federal land in which, and establish any
period during which, for reasons of public safety,
administration, or compliance with applicable laws, no hunting,
fishing, or recreational shooting shall be permitted.
(2) Requirement.--In making a designation under paragraph
(1), the Secretary concerned shall designate the smallest area
for the least amount of time that is required for public
safety, administration, or compliance with applicable laws.
(b) Closure Procedures.--
(1) In general.--Except in an emergency, before permanently
or temporarily closing any Federal land to hunting, fishing, or
recreational shooting, the Secretary concerned shall--
(A) consult with State fish and wildlife agencies;
and
(B) provide public notice and opportunity for
comment under paragraph (2).
(2) Public notice and comment.--
(A) In general.--Public notice and comment shall
include--
(i) a notice of intent--
(I) published in advance of the
public comment period for the closure--
(aa) in the Federal
Register;
(bb) on the website of the
applicable Federal agency;
(cc) on the website of the
Federal land unit, if
available; and
(dd) in at least 1 local
newspaper;
(II) made available in advance of
the public comment period to local
offices, chapters, and affiliate
organizations in the vicinity of the
closure that are signatories to the
memorandum of understanding entitled
``Federal Lands Hunting, Fishing, and
Shooting Sports Roundtable Memorandum
of Understanding''; and
(III) that describes--
(aa) the proposed closure;
and
(bb) the justification for
the proposed closure, including
an explanation of the reasons
and necessity for the decision
to close the area to hunting,
fishing, or recreational
shooting; and
(ii) an opportunity for public comment for
a period of--
(I) not less than 60 days for a
permanent closure; or
(II) not less than 30 days for a
temporary closure.
(B) Final decision.--In a final decision to
permanently or temporarily close an area to hunting,
fishing, or recreation shooting, the Secretary
concerned shall--
(i) respond in a reasoned manner to the
comments received;
(ii) explain how the Secretary concerned
resolved any significant issues raised by the
comments; and
(iii) show how the resolution led to the
closure.
(c) Temporary Closures.--
(1) In general.--A temporary closure under this section may
not exceed a period of 180 days.
(2) Renewal.--Except in an emergency, a temporary closure
for the same area of land closed to the same activities--
(A) may not be renewed more than 3 times after the
first temporary closure; and
(B) must be subject to a separate notice and
comment procedure in accordance with subsection (b)(2).
(3) Effect of temporary closure.--Any Federal land that is
temporarily closed to hunting, fishing, or recreational
shooting under this section shall not become permanently closed
to that activity without a separate public notice and
opportunity to comment in accordance with subsection (b)(2).
(d) Reporting.--On an annual basis, the Secretaries concerned
shall--
(1) publish on a public website a list of all areas of
Federal land temporarily or permanently subject to a closure
under this section; and
(2) submit to the Committee on Energy and Natural Resources
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate and the Committee on Natural Resources and the
Committee on Agriculture of the House of Representatives a
report that identifies--
(A) a list of each area of Federal land temporarily
or permanently subject to a closure;
(B) the acreage of each closure; and
(C) a survey of--
(i) the aggregate areas and acreage closed
under this section in each State; and
(ii) the percentage of Federal land in each
State closed under this section with respect to
hunting, fishing, and recreational shooting.
(e) Application.--This section shall not apply if the closure is--
(1) less than 14 days in duration; and
(2) covered by a special use permit.
SEC. 204. SHOOTING RANGES.
(a) In General.--Except as provided in subsection (b), the
Secretary concerned may, in accordance with this section and other
applicable law, lease or permit the use of Federal land for a shooting
range.
(b) Exception.--The Secretary concerned shall not lease or permit
the use of Federal land for a shooting range, within--
(1) a component of the National Landscape Conservation
System;
(2) a component of the National Wilderness Preservation
System;
(3) any area that is--
(A) designated as a wilderness study area;
(B) administratively classified as--
(i) wilderness-eligible; or
(ii) wilderness-suitable; or
(C) a primitive or semiprimitive area;
(4) a national monument, national volcanic monument, or
national scenic area; or
(5) a component of the National Wild and Scenic Rivers
System (including areas designated for study for potential
addition to the National Wild and Scenic Rivers System).
SEC. 205. FEDERAL ACTION TRANSPARENCY.
(a) Modification of Equal Access to Justice Provisions.--
(1) Agency proceedings.--Section 504 of title 5, United
States Code, is amended--
(A) in subsection (c)(1), by striking ``, United
States Code'';
(B) by redesignating subsection (f) as subsection
(i); and
(C) by striking subsection (e) and inserting the
following:
``(e)(1) Not later than March 31 of the first fiscal year beginning
after the date of enactment of the Sportsmen's Act of 2015, and every
fiscal year thereafter, the Chairman of the Administrative Conference
of the United States, after consultation with the Chief Counsel for
Advocacy of the Small Business Administration, shall submit to Congress
and make publicly available online a report on the amount of fees and
other expenses awarded during the preceding fiscal year under this
section.
``(2) Each report under paragraph (1) shall describe the number,
nature, and amount of the awards, the claims involved in the
controversy, and any other relevant information that may aid Congress
in evaluating the scope and impact of such awards.
``(3)(A) Each report under 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 a nondisclosure
provision.
``(B) The disclosure of fees and other expenses required under
subparagraph (A) shall not affect any other information that is subject
to a nondisclosure provision in a settlement agreement.
``(f) As soon as practicable, and in any event not later than the
date on which the first report under subsection (e)(1) is required to
be submitted, the Chairman of the Administrative Conference of the
United States shall create and maintain online a searchable database
containing, with respect to each award of fees and other expenses under
this section made on or after the date of enactment of the Sportsmen's
Act of 2015, the following information:
``(1) The case name and number of the adversary
adjudication, if available, hyperlinked to the case, 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.
``(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 a court order.
``(h) The head of each agency 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 subsections (e), (f), and (g).''.
(2) Court cases.--Section 2412(d) of title 28, United
States Code, is amended by adding at the end the following:
``(5)(A) Not later than March 31 of the first fiscal year beginning
after the date of enactment of the Sportsmen's Act of 2015, and every
fiscal year thereafter, the Chairman of the Administrative Conference
of the United States shall submit to Congress and make publicly
available online a report on the amount of fees and other expenses
awarded during the preceding fiscal year pursuant to this subsection.
``(B) Each report under subparagraph (A) shall describe the number,
nature, and amount of the awards, the claims involved in the
controversy, and any other relevant information that may aid Congress
in evaluating the scope and impact of such awards.
``(C)(i) Each report under 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 a nondisclosure
provision.
``(ii) The disclosure of fees and other expenses required under
clause (i) shall not affect any other information that is subject to a
nondisclosure provision in a settlement agreement.
``(D) The Chairman of the Administrative Conference of the United
States shall include and clearly identify in each 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 under 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) As soon as practicable, and in any event not later than the
date on which the first report under paragraph (5)(A) is required to be
submitted, the Chairman of the Administrative Conference of the United
States shall create and maintain online a searchable database
containing, with respect to each award of fees and other expenses under
this subsection made on or after the date of enactment of the
Sportsmen's Act of 2015, the following information:
``(A) The case name and number, hyperlinked to the case, if
available.
``(B) The name of the agency involved in the case.
``(C) The name of each party to whom the award was made.
``(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 a 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).''.
(3) Technical and conforming amendments.--Section 2412 of
title 28, United States Code, is amended--
(A) in subsection (d)(3), by striking ``United
States Code,''; and
(B) in subsection (e)--
(i) by striking ``of section 2412 of title
28, United States Code,'' and inserting ``of
this section''; and
(ii) by striking ``of such title'' and
inserting ``of this title''.
(b) Judgment Fund Transparency.--Section 1304 of title 31, United
States Code, is amended by adding at the end the following:
``(d) Beginning not later than the date that is 60 days after the
date of enactment of the Sportsmen's Act of 2015, and unless the
disclosure of such information is otherwise prohibited by law or a
court order, the Secretary of the Treasury shall make available to the
public on a website, as soon as practicable, but not later than 30 days
after the date on which a payment under this section is tendered, the
following information with regard to that payment:
``(1) The name of the specific agency or entity whose
actions gave rise to the claim or judgment.
``(2) The name of the plaintiff or claimant.
``(3) The name of counsel for the plaintiff or claimant.
``(4) The amount paid representing principal liability, and
any amounts paid representing any ancillary liability,
including attorney fees, costs, and interest.
``(5) A brief description of the facts that gave rise to
the claim.
``(6) The name of the agency that submitted the claim.''.
TITLE III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND
SEC. 301. COMMERCIAL FILMING.
(a) In General.--Section 1 of Public Law 106-206 (16 U.S.C. 460l-
6d) is amended--
(1) by redesignating subsections (a) through (f) as
subsections (b) through (g), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definition of Secretary.--The term `Secretary' means the
Secretary of the Interior or the Secretary of Agriculture, as
applicable, with respect to land under the respective jurisdiction of
the Secretary.'';
(3) in subsection (b) (as so redesignated)--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``of
the Interior or the Secretary of Agriculture
(hereafter individually referred to as the
`Secretary' with respect to land (except land
in a System unit as defined in section 100102
of title 54, United States Code) under their
respective jurisdictions)''; and
(ii) in subparagraph (B), by inserting ``,
except in the case of film crews of 3 or fewer
individuals'' before the period at the end; and
(B) by adding at the end the following:
``(3) Fee schedule.--Not later than 180 days after the date
of enactment of the Sportsmen's Act of 2015, to enhance
consistency in the management of Federal land, the Secretaries
shall publish a single joint land use fee schedule for
commercial filming and still photography.'';
(4) in subsection (c) (as so redesignated), in the second
sentence, by striking ``subsection (a)'' and inserting
``subsection (b)'';
(5) in subsection (d) (as so redesignated), in the heading,
by inserting ``Commercial'' before ``Still'';
(6) in paragraph (1) of subsection (f) (as so
redesignated), by inserting ``in accordance with the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),''
after ``without further appropriation,'';
(7) in subsection (g) (as so redesignated)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall''; and
(B) by adding at the end the following:
``(2) Considerations.--The Secretary shall not consider
subject matter or content as a criterion for issuing or denying
a permit under this Act.''; and
(8) by adding at the end the following:
``(h) Exemption From Commercial Filming or Still Photography
Permits and Fees.--The Secretary shall not require persons holding
commercial use authorizations or special recreation permits to obtain
an additional permit or pay a fee for commercial filming or still
photography under this Act if the filming or photography conducted is--
``(1) incidental to the permitted activity that is the
subject of the commercial use authorization or special
recreation permit; and
``(2) the holder of the commercial use authorization or
special recreation permit is an individual or small business
concern (within the meaning of section 3 of the Small Business
Act (15 U.S.C. 632)).
``(i) Exception From Certain Fees.--Commercial filming or
commercial still photography shall be exempt from fees under this Act,
but not from recovery of costs under subsection (c), if the activity--
``(1) is conducted by an entity that is a small business
concern (within the meaning of section 3 of the Small Business
Act (15 U.S.C. 632));
``(2) is conducted by a crew of not more than 3
individuals; and
``(3) uses only a camera and tripod.
``(j) Applicability to News Gathering Activities.--
``(1) In general.--News gathering shall not be considered a
commercial activity.
``(2) Included activities.--In this subsection, the term
`news gathering' includes, at a minimum, the gathering,
recording, and filming of news and information related to news
in any medium.''.
(b) Conforming Amendments.--Chapter 1009 of title 54, United States
Code, is amended--
(1) by striking section 100905; and
(2) in the table of contents, by striking the item relating
to section 100905.
TITLE IV--BOWS, WILDLIFE MANAGEMENT, AND ACCESS OPPORTUNITIES FOR
RECREATION, HUNTING, AND FISHING
SEC. 401. BOWS IN PARKS.
(a) In General.--Chapter 1049 of title 54, United States Code, is
amended by adding at the end the following:
``Sec. 104908. Bows in parks
``(a) Definition of Not Ready for Immediate Use.--The term `not
ready for immediate use' means--
``(1) a bow or crossbow, the arrows of which are secured or
stowed in a quiver or other arrow transport case; and
``(2) with respect to a crossbow, uncocked.
``(b) Vehicular Transportation Authorized.--The Director shall not
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 in the vehicle of the individual if--
``(1) the individual is not otherwise prohibited by law
from possessing the bows and crossbows;
``(2) the bows or crossbows that are not ready for
immediate use remain inside the vehicle of the individual
throughout the period during which the bows or crossbows are
transported across System land; and
``(3) the possession of the bows and crossbows is in
compliance with the law of the State in which the System unit
is located.''.
(b) Clerical Amendment.--The table of sections for chapter 1049 of
title 54, United States Code, is amended by inserting after the item
relating to section 104907 the following:
``104908. Bows in parks.''.
SEC. 402. WILDLIFE MANAGEMENT IN PARKS.
(a) In General.--Chapter 1049 of title 54, United States Code (as
amended by section 401(a)), is amended by adding at the end the
following:
``SEC. 104909. WILDLIFE MANAGEMENT IN PARKS.
``(a) Use of Qualified Volunteers.--If the Secretary determines it
is necessary to reduce the size of a wildlife population on System land
in accordance with applicable law (including regulations), the
Secretary may use qualified volunteers to assist in carrying out
wildlife management on System land.
``(b) Requirements for Qualified Volunteers.--Qualified volunteers
providing assistance under subsection (a) shall be subject to--
``(1) any training requirements or qualifications
established by the Secretary; and
``(2) any other terms and conditions that the Secretary may
require.''.
(b) Clerical Amendment.--The table of sections for chapter 1049 of
title 54 (as amended by section 401(b)), United States Code, is amended
by inserting after the item relating to section 104907 the following:
``104909 . Wildlife management in parks..................... ''.
SEC. 403. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING, AND
FISHING ON FEDERAL LAND.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior, with respect to
land administered by--
(i) the Director of the National Park
Service;
(ii) the Director of the United States Fish
and Wildlife Service; and
(iii) the Director of the Bureau of Land
Management; and
(B) the Secretary of Agriculture, with respect to
land administered by the Chief of the Forest Service.
(2) State or regional office.--The term ``State or regional
office'' means--
(A) a State office of the Bureau of Land
Management; or
(B) a regional office of--
(i) the National Park Service;
(ii) the United States Fish and Wildlife
Service; or
(iii) the Forest Service.
(3) Travel management plan.--The term ``travel management
plan'' means a plan for the management of travel--
(A) with respect to land under the jurisdiction of
the National Park Service, on park roads and designated
routes under section 4.10 of title 36, Code of Federal
Regulations (or successor regulations);
(B) with respect to land under the jurisdiction of
the United States Fish and Wildlife Service, on the
land under a comprehensive conservation plan prepared
under section 4(e) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd(e));
(C) with respect to land under the jurisdiction of
the Forest Service, on National Forest System land
under part 212 of title 36, Code of Federal Regulations
(or successor regulations); and
(D) with respect to land under the jurisdiction of
the Bureau of Land Management, under a resource
management plan developed under the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(b) Priority Lists Required.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, annually during the 10-year period
beginning on the date on which the first priority list is
completed, and every 5 years after the end of the 10-year
period, the Secretary shall prepare a priority list, to be made
publicly available on the website of the applicable Federal
agency referred to in subsection (a)(1), which shall identify
the location and acreage of land within the jurisdiction of
each State or regional office on which the public is allowed,
under Federal or State law, to hunt, fish, or use the land for
other recreational purposes but--
(A) to which there is no public access or egress;
or
(B) to which public access or egress to the legal
boundaries of the land is significantly restricted (as
determined by the Secretary).
(2) Minimum size.--Any land identified under paragraph (1)
shall consist of contiguous acreage of at least 640 acres.
(3) Considerations.--In preparing the priority list
required under paragraph (1), the Secretary shall consider with
respect to the land--
(A) whether access is absent or merely restricted,
including the extent of the restriction;
(B) the likelihood of resolving the absence of or
restriction to public access;
(C) the potential for recreational use;
(D) any information received from the public or
other stakeholders during the nomination process
described in paragraph (5); and
(E) any other factor as determined by the
Secretary.
(4) Adjacent land status.--For each parcel of land on the
priority list, the Secretary shall include in the priority list
whether resolving the issue of public access or egress to the
land would require acquisition of an easement, right-of-way, or
fee title from--
(A) another Federal agency;
(B) a State, local, or tribal government; or
(C) a private landowner.
(5) Nomination process.--In preparing a priority list under
this section, the Secretary shall provide an opportunity for
members of the public to nominate parcels for inclusion on the
priority list.
(c) Access Options.--With respect to land included on a priority
list described in subsection (b), the Secretary shall develop and
submit to the Committees on Appropriations and Energy and Natural
Resources of the Senate and the Committees on Appropriations and
Natural Resources of the House of Representatives a report on options
for providing access that--
(1) identifies how public access and egress could
reasonably be provided to the legal boundaries of the land in a
manner that minimizes the impact on wildlife habitat and water
quality;
(2) specifies the steps recommended to secure the access
and egress, including acquiring an easement, right-of-way, or
fee title from a willing owner of any land that abuts the land
or the need to coordinate with State land management agencies
or other Federal, State, or tribal governments to allow for
such access and egress; and
(3) is consistent with the travel management plan in effect
on the land.
(d) Protection of Personally Identifying Information.--In making
the priority list and report prepared under subsections (b) and (c)
available, the Secretary shall ensure that no personally identifying
information is included, such as names or addresses of individuals or
entities.
(e) Willing Owners.--For purposes of providing any permits to, or
entering into agreements with, a State, local, or tribal government or
private landowner with respect to the use of land under the
jurisdiction of the government or landowner, the Secretary shall not
take into account whether the State, local, or tribal government or
private landowner has granted or denied public access or egress to the
land.
(f) Means of Public Access and Egress Included.--In considering
public access and egress under subsections (b) and (c), the Secretary
shall consider public access and egress to the legal boundaries of the
land described in those subsections, including access and egress--
(1) by motorized or non-motorized vehicles; and
(2) on foot or horseback.
(g) Effect.--
(1) In general.--This section shall have no effect on
whether a particular recreational use shall be allowed on the
land included in a priority list under this section.
(2) Effect of allowable uses on agency consideration.--In
preparing the priority list under subsection (b), the Secretary
shall only consider recreational uses that are allowed on the
land at the time that the priority list is prepared.
TITLE V--FEDERAL LAND TRANSACTION FACILITATION ACT
SEC. 501. FEDERAL LAND TRANSACTION FACILITATION ACT.
(a) In General.--The Federal Land Transaction Facilitation Act is
amended--
(1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on
the date of enactment of this Act was'' and inserting ``is'';
(2) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``(as in effect
on the date of enactment of this Act)''; and
(B) by striking subsection (d);
(3) in section 206 (43 U.S.C. 2305), by striking subsection
(f); and
(4) 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).''.
(b) Funds to Treasury.--Of the amounts deposited in the Federal
Land Disposal Account, there shall be transferred to the general fund
of the Treasury $1,000,000 for each of fiscal years 2016 through 2025.
TITLE VI--CONSERVATION REAUTHORIZATION
SEC. 601. NATIONAL PARK SERVICE MAINTENANCE AND REVITALIZATION
CONSERVATION FUND.
(a) In General.--Chapter 1049 of title 54, United States Code (as
amended by section 402(a)), is amended by adding at the end the
following:
``Sec. 104910. National Park Service Maintenance and Revitalization
Conservation Fund
``(a) In General.--There is established in the Treasury a fund, to
be known as the `National Park Service Critical Maintenance and
Revitalization Conservation Fund' (referred to in this section as the
`Fund').
``(b) Deposits to Fund.--Notwithstanding any provision of law
providing that the proceeds shall be credited to miscellaneous receipts
of the Treasury, for each fiscal year, there shall be deposited in the
Fund, from revenues due and payable to the United States under section
9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
$150,000,000.
``(c) Use and Availability.--
``(1) In general.--Amounts deposited in the Fund shall--
``(A) be used only for the purposes described in
subsection (d); and
``(B) be available for expenditure only after the
amounts are appropriated for those purposes.
``(2) Availability.--Any amounts in the Fund not
appropriated shall remain available in the Fund until
appropriated.
``(3) No limitation.--Appropriations from the Fund pursuant
to this section may be made without fiscal year limitation.
``(d) National Park System Critical Deferred Maintenance.--The
Secretary shall use amounts appropriated from the Fund for high-
priority deferred maintenance needs of the Service that support
critical infrastructure and visitor services.
``(e) Land Acquisition Prohibition.--Amounts in the Fund shall not
be used for land acquisition.''.
(b) Clerical Amendment.--The table of sections for chapter 1049 of
title 54, United States Code (as amended by section 402(b)), is amended
by inserting after the item relating to section 104907 the following:
``104910. National Park Service Maintenance and Revitalization
Conservation Fund.''.
SEC. 602. LAND AND WATER CONSERVATION FUND.
(a) Reauthorization.--Section 200302 of title 54, United States
Code, is amended--
(1) in subsection (b), in the matter preceding paragraph
(1), by striking ``During the period ending September 30, 2015,
there'' and inserting ``There''; and
(2) in subsection (c)(1), by striking ``through September
30, 2015''.
(b) Allocation of Funds.--Section 200304 of title 54, United States
Code, is amended--
(1) by striking ``There'' and inserting ``(a) In General.--
There''; and
(2) by striking the second sentence and inserting the
following:
``(b) Allocation.--Of the appropriations from the Fund--
``(1) not less than 40 percent shall be used collectively
for Federal purposes under section 200306;
``(2) not less than 40 percent shall be used collectively--
``(A) to provide financial assistance to States
under section 200305;
``(B) for the Forest Legacy Program established
under section 7 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103c);
``(C) for cooperative endangered species grants
authorized under section 6 of the Endangered Species
Act of 1973 (16 U.S.C. 1535); and
``(D) for the American Battlefield Protection
Program established under chapter 3081; and
``(3) not less than 1.5 percent or $10,000,000, whichever
is greater, shall be used for projects that secure recreational
public access to Federal public land for hunting, fishing, or
other recreational purposes.''.
(c) Conservation Easements.--Section 200306 of title 54, United
States Code, is amended by adding at the end the following:
``(c) Conservation Easements.--The Secretary and the Secretary of
Agriculture shall consider the acquisition of conservation easements
and other similar interests in land where appropriate and feasible.''.
(d) Acquisition Considerations.--Section 200306 of title 54, United
States Code (as amended by subsection (c)), is amended by adding at the
end of the following:
``(d) Acquisition Considerations.--The Secretary and the Secretary
of Agriculture shall take into account the following in determining the
land or interests in land to acquire:
``(1) Management efficiencies.
``(2) Management cost savings.
``(3) Geographic distribution.
``(4) Significance of the acquisition.
``(5) Urgency of the acquisition.
``(6) Threats to the integrity of the land to be acquired.
``(7) The recreational value of the land.''.
SEC. 603. HISTORIC PRESERVATION FUND.
Section 303102 of title 54, United States Code, is amended by
striking ``of fiscal years 2012 to 2015'' and inserting ``fiscal
year''.
TITLE VII--MISCELLANEOUS
SEC. 701. RESPECT FOR TREATIES AND RIGHTS.
Nothing in this Act or the amendments made by this Act--
(1) affects or modifies any treaty or other right of any
federally recognized Indian tribe; or
(2) modifies any provision of Federal law relating to
migratory birds or to endangered or threatened species.
SEC. 702. NO PRIORITY.
Nothing in this Act or the amendments made by this Act provides a
preference to hunting, fishing, or recreational shooting over any other
use of Federal land or water.
Amend the title so as to read: ``A bill to protect and
enhance opportunities for hunting, fishing, and recreational
shooting, and for other purposes.''.
Calendar No. 328
114th CONGRESS
1st Session
S. 556
[Report No. 114-183]
_______________________________________________________________________
A BILL
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
_______________________________________________________________________
December 16, 2015
Reported with an amendment and an amendment to the title