[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5705 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5705
To amend the Endangered Species Act of 1973 to restrict the Secretary's
ability to alter permits, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 29, 2020
Ms. Cheney (for herself, Mr. Gosar, Mr. McClintock, Mr. Newhouse, Mr.
Norman, Mr. Gianforte, Mr. Crawford, and Mr. Armstrong) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Endangered Species Act of 1973 to restrict the Secretary's
ability to alter permits, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Access and Multiple Use
Act of 2020''.
SEC. 2. PERMIT CERTAINTY.
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is
amended by adding at the end the following:
``SEC. 19. PERMIT CHANGES.
``(a) In General.--If the holder of a permit issued under this Act
for other than scientific purposes is in compliance with the terms and
conditions of the permit, the Secretary may not require the holder,
without the consent of the holder, to adopt any new minimization,
mitigation, or other measure with respect to any species adequately
covered by the permit during the term of the permit, except as provided
in subsections (b) and (c) to meet circumstances that have changed
subsequent to the issuance of the permit.
``(b) Changed Circumstances Identified in Permit.--For any
circumstance identified in a permit under this Act that has changed,
the Secretary may, in the absence of consent of the permit holder,
require only such additional minimization, mitigation, or other
measures as are already provided in the permit or incorporated document
for such changed circumstance.
``(c) Changed Circumstances Not Identified in Permit.--For any
changed circumstance not identified in a permit under this Act, the
Secretary may, in the absence of consent of the permit holder, require
only such additional minimization, mitigation, or other measures to
address such changed circumstance that do not involve the commitment of
any additional land, water, or financial compensation not otherwise
committed, or the imposition of additional restrictions on the use of
any land, water or other natural resources otherwise available for
development or use, under the original terms and conditions of the
permit or incorporated document.
``(d) Burden of Proof.--The Secretary shall have the burden of
proof in demonstrating and documenting, with the best available
scientific data, the occurrence of any changed circumstances for
purposes of this section.''.
SEC. 3. NO NET LOSS.
A critical habitat designation or listing of a species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not
result in a net loss of acreage, permits, or leases within grazing
allotments or other multiple use activities.
SEC. 4. PRESENCE OF A SPECIES.
The presence of critical habitat or a species listed under the
Endangered Species Act shall not the result in the denial of any
Federal permit, lease, or expansion of multiple use activities based on
the presence of the species or habitat.
SEC. 5. CONSULTATION REQUIREMENT.
The Secretary may not designate lands as critical habitat unless,
before such designation, the Secretary--
(1) consults with each community, county, municipality,
city, town, or township with boundaries within or adjacent to
lands affected by such designation; and
(2) obtains the concurrence for the designation from--
(A) the governing body of each entity described in
paragraph (1); and
(B) the wildlife management and land management
authorities and governor of each State in which all or
part of the new or expanded critical habitat would be
located.
SEC. 6. RECREATIONAL FISHING AND HUNTING HERITAGE OPPORTUNITIES ACT.
(a) Definitions.--In this section:
(1) Federal public land.--The term ``Federal public land''
means any land or water that is owned and managed by the Bureau
of Land Management or the Forest Service.
(2) Federal public land management officials.--The term
``Federal public land management officials'' means--
(A) the Secretary of the Interior and the Director
of the Bureau of Land Management regarding Bureau of
Land Management lands and waters; and
(B) the Secretary of Agriculture and the Chief of
the Forest Service regarding the National Forest
System.
(3) Hunting.--
(A) In general.--Except as provided in clause (ii),
the term ``hunting'' means use of a firearm, bow, or
other authorized means in the lawful--
(i) pursuit, shooting, capture, collection,
trapping, or killing of wildlife;
(ii) attempt to pursue, shoot, capture,
collect, trap, or kill wildlife; or
(iii) the training of hunting dogs,
including field trials.
(B) Exclusion.--The term ``hunting'' does not
include the use of skilled volunteers to cull excess
animals (as defined by other Federal law).
(4) Recreational fishing.--The term ``recreational
fishing'' means the lawful--
(A) pursuit, capture, collection, or killing of
fish; or
(B) attempt to capture, collect, or kill fish.
(5) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow
and arrow.
(b) Recreational Fishing, Hunting, and Shooting.--
(1) In general.--Subject to valid existing rights and
paragraph (7), and cooperation with the respective State fish
and wildlife agency, Federal public land management officials
shall exercise authority under existing law, including
provisions regarding land use planning, to facilitate use of
and access to Federal public lands, including National
Monuments, Wilderness Areas, Wilderness Study Areas, and lands
administratively classified as wilderness eligible or suitable
and primitive or semi-primitive areas, for recreational
fishing, hunting, and shooting, except as limited by--
(A) statutory authority that authorizes action or
withholding action for reasons of national security,
public safety, or resource conservation;
(B) any other Federal statute that specifically
precludes recreational fishing, hunting, or shooting on
specific Federal public lands, waters, or units
thereof; or
(C) discretionary limitations on recreational
fishing, hunting, and shooting determined to be
necessary and reasonable as supported by the best
scientific evidence and advanced through a transparent
public process.
(2) Management.--Consistent with paragraph (1), the head of
each Federal public land management agency shall exercise its
land management discretion--
(A) in a manner that supports and facilitates
recreational fishing, hunting, and shooting
opportunities;
(B) to the extent authorized under applicable State
law; and
(C) in accordance with applicable Federal law.
(3) Planning.--
(A) Evaluation of effects on opportunities to
engage in recreational fishing, hunting, or shooting.--
Federal public land planning documents, including land
resources management plans, resource management plans,
and comprehensive conservation plans, shall include a
specific evaluation of the effects of such plans on
opportunities to engage in recreational fishing,
hunting, or shooting.
(B) No major federal action.--No action taken under
this title, or under section 4 of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C.
668dd), either individually or cumulatively with other
actions involving Federal public lands or lands managed
by the United States Fish and Wildlife Service, shall
be considered under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) to be a major
Federal action significantly affecting the quality of
the human environment, and no additional
identification, analysis, or consideration of
environmental effects, including cumulative effects, is
necessary or required with respect to such an action.
(C) Other activity not considered.--Federal public
land management officials are not required to consider
the existence or availability of recreational fishing,
hunting, or shooting opportunities on adjacent or
nearby public or private lands in the planning for or
determination of which Federal public lands are open
for these activities or in the setting of levels of use
for these activities on Federal public lands, unless
the combination or coordination of such opportunities
would enhance the recreational fishing, hunting, or
shooting opportunities available to the public.
(4) Federal public lands.--
(A) Lands open.--Notwithstanding any other law,
lands under the jurisdiction of the Bureau of Land
Management or the Forest Service, including Wilderness
Areas, Wilderness Study Areas, lands designated as
wilderness or administratively classified as wilderness
eligible or suitable and primitive or semi-primitive
areas and National Monuments, but excluding lands on
the Outer Continental Shelf, shall be open to
recreational fishing, hunting, and shooting unless the
managing Federal agency acts to close lands to such
activity. Lands may be made subject to closure to or
restriction on recreational fishing, hunting, or
shooting if determined by the head of the agency
concerned to be necessary and reasonable and supported
by facts and evidence, for purposes including resource
conservation, public safety, energy or mineral
production, energy generation or transmission
infrastructure, water supply facilities, protection of
other permittees, protection of private property rights
or interest, national security, or compliance with
other law.
(B) Shooting ranges.--
(i) In general.--The head of each Federal
agency shall use his or her authorities in a
manner consistent with this title and other
applicable law, to--
(I) lease or permit use of lands
under the jurisdiction of the agency
for shooting ranges; and
(II) designate specific lands under
the jurisdiction of the agency for
recreational shooting activities.
(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 activity occurring at or on such
designated lands.
(5) Necessity in wilderness areas and ``within and
supplemental to'' wilderness purposes.--
(A) Minimum requirements for administration.--The
provision of opportunities for recreational fishing,
hunting, and shooting and the conservation of fish and
wildlife to provide sustainable use recreational
opportunities on designated Federal wilderness areas
shall constitute measures necessary to meet the minimum
requirements for the administration of the wilderness
area, provided that this determination shall not
authorize or facilitate commodity development, use, or
extraction, motorized recreational access or use that
is not otherwise allowed under the Wilderness Act (16
U.S.C. 1131 et seq.), or permanent road construction or
maintenance within designated wilderness areas.
(B) Application of wilderness act.--Provisions of
the Wilderness Act (16 U.S.C. 1131 et seq.),
stipulating that wilderness purposes are ``within and
supplemental to'' the purposes of the underlying
Federal land unit are reaffirmed. When seeking to carry
out fish and wildlife conservation programs and
projects or provide fish and wildlife dependent
recreation opportunities on designated wilderness
areas, the head of each Federal agency shall implement
these supplemental purposes so as to facilitate,
enhance, or both, but not to impede the underlying
Federal land purposes when seeking to carry out fish
and wildlife conservation programs and projects or
provide fish and wildlife dependent recreation
opportunities in designated wilderness areas, provided
that such implementation shall not authorize or
facilitate commodity development, use or extraction, or
permanent road construction or use within designated
wilderness areas.
(6) Report.--Beginning on the second October 1 after the
date of the enactment of this Act and biennially on October 1
thereafter, the head of each Federal agency who has authority
to manage Federal public land on which recreational fishing,
hunting, or 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--
(A) any Federal public land administered by the
agency head that was closed to recreational fishing,
hunting, or shooting at any time during the preceding
year; and
(B) the reason for the closure.
(7) Closures or significant restrictions of 640 or more
acres.--
(A) In general.--Other than closures established or
prescribed by land planning actions referred to in
paragraph (4) or emergency closures described in
subparagraph (C), a permanent or temporary withdrawal,
change of classification, or change of management
status of Federal public land that effectively closes
or significantly restricts 640 or more contiguous acres
of Federal public land to access or use for
recreational fishing or hunting or activities related
to recreational fishing or hunting, or both, shall take
effect only if, before the date of withdrawal or
change, the head of the Federal agency that has
jurisdiction over the Federal public land--
(i) publishes appropriate notice of the
withdrawal or change, respectively;
(ii) demonstrates that coordination has
occurred with a State fish and wildlife agency;
and
(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.
(B) Aggregate or cumulative effects.--If the
aggregate or cumulative effect of separate withdrawals
or changes effectively closes or significantly
restricts 1,280 or more acres of land or water, such
withdrawals and changes shall be treated as a single
withdrawal or change for purposes of subparagraph (A).
(C) Emergency closures.--Nothing in this title
prohibits a Federal land management agency from
establishing or implementing emergency closures or
restrictions of the smallest practicable area to
provide for public safety, resource conservation,
national security, or other purposes authorized by law.
Such an emergency closure shall terminate after a
reasonable period of time unless converted to a
permanent closure consistent with this section.
(8) National park service units not affected.--Nothing in
this title shall affect or modify management or use of units of
the National Park System.
(9) No priority.--Nothing in this title requires a Federal
land management agency to give preference to recreational
fishing, hunting, or shooting over other uses of Federal public
land or over land or water management priorities established by
Federal law.
(10) Consultation with councils.--In fulfilling the duties
set forth in this section, the heads of Federal agencies shall
consult with respective advisory councils as established in
Executive Order Nos. 12962 and 13443.
(11) Authority of the states.--
(A) In general.--Nothing in this title shall be
construed as interfering with, diminishing, or
conflicting with the authority, jurisdiction, or
responsibility of any State to exercise primary
management, control, or regulation of fish and wildlife
under State law (including regulations) on land or
water within the State, including on Federal public
land.
(B) Federal licenses.--Nothing in this title shall
be construed to authorize the head of a Federal agency
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 States, except that this paragraph
shall not affect the Migratory Bird Stamp requirement
set forth in the Migratory Bird Hunting and
Conservation Stamp Act (16 U.S.C. 718 et seq.).
(c) Volunteer Hunters; Reports; Closures and Restrictions.--
(1) Definitions.--For the purposes of this subsection:
(A) Public land.--The term ``public land'' means--
(i) units of the National Park System;
(ii) National Forest System lands; and
(iii) land and interests in land owned by
the United States and under the administrative
jurisdiction of--
(I) the United States Fish and
Wildlife Service; or
(II) the Bureau of Land Management.
(B) Secretary.--The term ``Secretary'' means--
(i) the Secretary of the Interior and
includes the Director of the National Park
Service, with regard to units of the National
Park System;
(ii) the Secretary of the Interior and
includes the Director of the United States Fish
and Wildlife Service, with regard to United
States Fish and Wildlife Service lands and
waters;
(iii) the Secretary of the Interior and
includes the Director of the Bureau of Land
Management, with regard to Bureau of Land
Management lands and waters; and
(iv) the Secretary of Agriculture and
includes the Chief of the Forest Service, with
regard to National Forest System lands.
(C) Volunteer from the hunting community.--The term
``volunteer from the hunting community'' means a
volunteer who holds a valid hunting license issued by a
State.
(2) Volunteer hunters.--When planning wildlife management
involving reducing the size of a wildlife population on public
land, the Secretary shall consider the use of and may use
volunteers from the hunting community as agents to assist in
carrying out wildlife management on public land. The Secretary
shall not reject the use of volunteers from the hunting
community as agents without the concurrence of the appropriate
State wildlife management authorities.
(3) Report.--Beginning on the second October 1 after the
date of the enactment of this Act and biennially on October 1
thereafter, the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(A) any public land administered by the Secretary
that was closed to fishing, hunting, and recreational
shooting at any time during the preceding year; and
(B) the reason for the closure.
(4) Closures or significant restrictions.--
(A) In general.--Other than closures established or
prescribed by land planning actions referred to in
subparagraph (B), a permanent or temporary withdrawal,
change of classification, or change of management
status of public land that effectively closes or
significantly restricts any acreage of public land to
access or use for fishing, hunting, recreational
shooting, or activities related to fishing, hunting, or
recreational shooting, or a combination of those
activities, shall take effect only if, before the date
of withdrawal or change, the Secretary--
(i) publishes appropriate notice of the
withdrawal or change, respectively;
(ii) demonstrates that coordination has
occurred with a State fish and wildlife agency;
and
(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.
(B) Emergency closures.--Nothing in this section
prohibits the Secretary from establishing or
implementing emergency closures or restrictions of the
smallest practicable area to provide for public safety,
resource conservation, national security, or other
purposes authorized by law. Such an emergency closure
shall terminate after a reasonable period of time
unless converted to a permanent closure consistent with
this section.
SEC. 7. HUNTING AND RECREATIONAL FISHING WITHIN THE NATIONAL FOREST
SYSTEM AND NATIONAL WILDLIFE REFUGE SYSTEM.
The Secretary concerned may not establish policies, directives, or
regulations that restrict the type, season, or method of hunting or
recreational fishing on lands within the National Forest System or
National Wildlife Refuge System that are otherwise open to those
activities.
SEC. 8. ROADS AND TRAILS WITHIN THE NATIONAL FOREST SYSTEM AND NATIONAL
WILDLIFE REFUGE SYSTEM.
The Secretary concerned may not establish policies, directives, or
regulations that restrict public access to public lands, including any
change in access to claims, leases, or access using motorized vehicles
or nonmotorized means resulting from--
(1) the decommissioning in whole or in part of a road,
trail, or combination road and trail system;
(2) a change in the status of a road as open or closed; or
(3) a change in road densities.
SEC. 9. VACANT GRAZING ALLOTMENTS MADE AVAILABLE TO CERTAIN GRAZING
PERMIT HOLDERS.
(a) In General.--The Secretary concerned shall, to the maximum
extent practicable, make vacant grazing allotments available to a
holder of a grazing permit or lease issued by such Secretary if the
such Secretary determines that the lands covered by such permit or
lease are unusable because of--
(1) a natural disaster (including a drought or wildfire);
(2) court-issued injunction; or
(3) a conflict with wildlife.
(b) Terms and Conditions.--The terms and conditions contained in a
permit or lease for a vacant grazing allotment made available pursuant
to subsection (a) shall be the terms and conditions of the most recent
permit or lease that was applicable to such allotment. If the terms and
conditions of the most recent permit or lease do not support the
maximum allowable access, the permit or lease holder shall have
immediate access to the allotment under the terms and conditions of the
most recent permit or lease and the Secretary and the permit or lease
holder shall enter into a negotiation not to exceed 30 days to achieve
accessible use that is equal or greater than the use of a lease or
permit that the Secretary concerned determines unusable under
subsection (a).
(c) Court-Issued Injunctions.--A court may not issue any order
enjoining the use of any allotment for which a permit or lease has been
issued by the Secretary concerned and continues in effect unless the
Secretary concerned can make a vacant grazing allotment available to
the holder of such permit or lease.
(d) Environmental Assessment Under the National Environmental
Policy Act.--Activities carried out by the Secretary concerned pursuant
to subsection (a) are a category of actions hereby designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
SEC. 10. CERTAIN ACTIONS DEEMED IN COMPLIANCE.
(a) Actions Deemed in Compliance.--During the period beginning on
the date of the enactment of this Act and ending on the date described
in subsection (b), any action that is taken by a Federal agency, State
agency, or other person and that complies with the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) is deemed to
comply with sections 7(a)(2) and 9(a)(1)(B) of the Endangered Species
Act of 1973 (16 U.S.C. 1536(a)(2), 1538(a)(1)(B)) (as amended by this
Act) and regulations issued under section 4(d) of such Act (16 U.S.C.
1533(d)).
(b) Termination Date.--The date referred to in subsection (a) is
the earlier of--
(1) the date that is 5 years after the date of enactment of
this Act; and
(2) the date of the completion of any procedure required
under subpart D of part 402 of title 50, Code of Federal
Regulations, with respect to the action referred to in
subsection (a).
(c) Limitation on Application.--This section shall not affect any
procedure pursuant to part 402 of title 50, Code of Federal
Regulations, that is required by any court order issued before the date
of the enactment of this Act.
SEC. 11. REIMBURSEMENT FOR DEPREDATION OF LIVESTOCK BY REINTRODUCED
SPECIES.
(a) In General.--The Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service, may reimburse
the owner of livestock for any loss of livestock resulting from
depredation by any population of a species if the population is listed
under as threatened or endangered under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and includes or derives from members of
the species that were reintroduced into the wild.
(b) Limitation on Requirement To Present Body.--The Secretary may
not require the owner of livestock to present the body of individual
livestock as a condition of payment of reimbursement under this
section.
(c) Use of Donations.--The Secretary may accept and use donations
of funds to pay reimbursement under this section.
SEC. 12. DEFINITIONS.
In this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of Agriculture, with respect to
National Forest System Lands; and
(B) the Secretary of the Interior, with respect to
public land.
<all>