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114th Congress } { Rept. 114-377
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
SPORTSMEN'S HERITAGE AND RECREATIONAL ENHANCEMENT ACT OF 2015
_______
December 10, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2406]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2406) to protect and enhance opportunities for
recreational hunting, fishing, and shooting, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sportsmen's Heritage and Recreational
Enhancement Act of 2015'' or the ``SHARE Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Report on economic impact.
TITLE I--HUNTING, FISHING AND RECREATIONAL SHOOTING PROTECTION ACT
Sec. 101. Short title.
Sec. 102. Modification of definition.
Sec. 103. Limitation on authority to regulate ammunition and fishing
tackle.
TITLE II--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT
Sec. 201. Short title.
Sec. 202. Findings; purpose.
Sec. 203. Definition of public target range.
Sec. 204. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 205. Limits on liability.
Sec. 206. Sense of Congress regarding cooperation.
TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS ACT
Sec. 301. Short title.
Sec. 302. Permits for importation of polar bear trophies taken in sport
hunts in Canada.
TITLE IV--RECREATIONAL LANDS SELF-DEFENSE ACT
Sec. 401. Short title.
Sec. 402. Protecting Americans from violent crime.
TITLE V--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE
Sec. 501. Wildlife and Hunting Heritage Conservation Council Advisory
Committee.
TITLE VI--RECREATIONAL FISHING AND HUNTING HERITAGE OPPORTUNITIES ACT
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Fishing, hunting, and recreational shooting.
Sec. 604. Volunteer Hunters; Reports; Closures and Restrictions.
TITLE VII--FARMER AND HUNTER PROTECTION ACT
Sec. 701. Short title.
Sec. 702. Baiting of migratory game birds.
TITLE VIII--TRANSPORTING BOWS ACROSS NATIONAL PARK SERVICE LANDS
Sec. 801. Short title.
Sec. 802. Bowhunting opportunity and wildlife stewardship.
TITLE IX--FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION
(FLTFA)
Sec. 901. Short title.
Sec. 902. Federal Land Transaction Facilitation Act.
TITLE X--AFRICAN ELEPHANT CONSERVATION AND LEGAL IVORY POSSESSION ACT
Sec. 1001. Short title.
Sec. 1002. References.
Sec. 1003. Limited exemption for certain African elephant ivory.
Sec. 1004. Placement of United States Fish and Wildlife Service law
enforcement officer in each African elephant range country.
Sec. 1005. Certification for the purposes of the Fishermen's Protective
Act of 1967.
Sec. 1006. Treatment of elephant ivory.
Sec. 1007. Sport-hunted elephant trophies.
Sec. 1008. African Elephant Conservation Act financial assistance
priority and reauthorization.
TITLE XI--RESPECT FOR TREATIES AND RIGHTS
Sec. 1101. Respect for Treaties and Rights.
TITLE XII--INTEREST ON OBLIGATIONS HELD IN THE WILDLIFE RESTORATION
FUND
Sec. 1201. Interest on obligations held in the wildlife restoration
fund.
TITLE XIII--PERMITS FOR FILM CREWS OF FIVE PEOPLE OR LESS
Sec. 1301. Annual permit and fee for film crews of 5 persons or fewer.
TITLE XIV--STATE APPROVAL OF FISHING RESTRICTION
Sec. 1401. State or Territorial Approval of Restriction of Recreational
or Commercial Fishing Access to Certain State or Territorial Waters.
TITLE XV--HUNTING AND RECREATIONAL FISHING WITHIN CERTAIN NATIONAL
FORESTS
Sec. 1501. Definitions.
Sec. 1502. Hunting and recreational fishing within the national forest
system.
TITLE XVI--GRAND CANYON BISON MANAGEMENT ACT
Sec. 1601. Short title.
Sec. 1602. Definitions.
Sec. 1603. Bison management plan for Grand Canyon National Park.
SEC. 3. REPORT ON ECONOMIC IMPACT.
Not later than 12 months after the date of the enactment of this Act,
the Secretary of Interior shall submit a report to Congress that
assesses expected economic impacts of the Act. Such report shall
include--
(1) a review of any expected increases in recreational
hunting, fishing, shooting, and conservation activities;
(2) an estimate of any jobs created in each industry expected
to support such activities described in paragraph (1),
including in the supply, manufacturing, distribution, and
retail sectors;
(3) an estimate of wages related to jobs described in
paragraph (2); and
(4) an estimate of anticipated new local, State, and Federal
revenue related to jobs described in paragraph (2).
TITLE I--HUNTING, FISHING AND RECREATIONAL SHOOTING PROTECTION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Hunting, Fishing, and Recreational
Shooting Protection Act''.
SEC. 102. MODIFICATION OF DEFINITION.
Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C.
2602(2)(B)) is amended--
(1) in clause (v), by striking ``, and'' and inserting ``, or
any component of any such article including, without
limitation, shot, bullets and other projectiles, propellants,
and primers,'';
(2) in clause (vi) by striking the period at the end and
inserting ``, and''; and
(3) by inserting after clause (vi) the following:
``(vii) any sport fishing equipment (as such term is defined
in subsection (a) of section 4162 of the Internal Revenue Code
of 1986) the sale of which is subject to the tax imposed by
section 4161(a) of such Code (determined without regard to any
exemptions from such tax as provided by section 4162 or 4221 or
any other provision of such Code), and sport fishing equipment
components.''.
SEC. 103. LIMITATION ON AUTHORITY TO REGULATE AMMUNITION AND FISHING
TACKLE.
(a) Limitation.--Except as provided in section 20.21 of title 50,
Code of Federal Regulations, as in effect on the date of the enactment
of this Act, or any substantially similar successor regulation thereto,
the Secretary of the Interior, the Secretary of Agriculture, and,
except as provided by subsection (b), any bureau, service, or office of
the Department of the Interior or the Department of Agriculture, may
not regulate the use of ammunition cartridges, ammunition components,
or fishing tackle based on the lead content thereof if such use is in
compliance with the law of the State in which the use occurs.
(b) Exception.--The limitation in subsection (a) shall not apply to
the U.S. Fish and Wildlife Service or the National Park Service.
TITLE II--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Target Practice and Marksmanship
Training Support Act''.
SEC. 202. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the use of firearms and archery equipment for target
practice and marksmanship training activities on Federal land
is allowed, except to the extent specific portions of that land
have been closed to those activities;
(2) in recent years preceding the date of enactment of this
Act, portions of Federal land have been closed to target
practice and marksmanship training for many reasons;
(3) the availability of public target ranges on non-Federal
land has been declining for a variety of reasons, including
continued population growth and development near former ranges;
(4) providing opportunities for target practice and
marksmanship training at public target ranges on Federal and
non-Federal land can help--
(A) to promote enjoyment of shooting, recreational,
and hunting activities; and
(B) to ensure safe and convenient locations for those
activities;
(5) Federal law in effect on the date of enactment of this
Act, including the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), provides Federal support for
construction and expansion of public target ranges by making
available to States amounts that may be used for construction,
operation, and maintenance of public target ranges; and
(6) it is in the public interest to provide increased Federal
support to facilitate the construction or expansion of public
target ranges.
(b) Purpose.--The purpose of this title is to facilitate the
construction and expansion of public target ranges, including ranges on
Federal land managed by the Forest Service and the Bureau of Land
Management.
SEC. 203. DEFINITION OF PUBLIC TARGET RANGE.
In this title, the term ``public target range'' means a specific
location that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.
SEC. 204. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (8) as paragraphs
(3) through (9), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or
shotgun shooting;''.
(b) Expenditures for Management of Wildlife Areas and Resources.--
Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669g(b)) is amended--
(1) by striking ``(b) Each State'' and inserting the
following:
``(b) Expenditures for Management of Wildlife Areas and Resources.--
``(1) In general.--Except as provided in paragraph (2), each
State'';
(2) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(3) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(4) in the third sentence, by striking ``The Secretary'' and
inserting the following:
``(4) Regulations.--The Secretary''; and
(5) by inserting after paragraph (1) (as designated by
paragraph (1) of this subsection) the following:
``(2) Exception.--Notwithstanding the limitation described in
paragraph (1), a State may pay up to 90 percent of the cost of
acquiring land for, expanding, or constructing a public target
range.''.
(c) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h-1) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under section 4(b),
the State may elect to allocate not more than 10 percent, to be
combined with the amount apportioned to the State under
paragraph (1) for that fiscal year, for acquiring land for,
expanding, or constructing a public target range.'';
(2) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding, or
constructing a public target range in a State on Federal or
non-Federal land pursuant to this section or section 8(b) shall
not exceed 90 percent of the cost of the activity.''; and
(3) in subsection (c)(1)--
(A) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in subparagraph
(B), amounts made''; and
(B) by adding at the end the following:
``(B) Exception.--Amounts provided for acquiring land
for, constructing, or expanding a public target range
shall remain available for expenditure and obligation
during the 5-fiscal-year period beginning on October 1
of the first fiscal year for which the amounts are made
available.''.
SEC. 205. LIMITS ON LIABILITY.
(a) Discretionary Function.--For purposes of chapter 171 of title 28,
United States Code (commonly referred to as the ``Federal Tort Claims
Act''), any action by an agent or employee of the United States to
manage or allow the use of Federal land for purposes of target practice
or marksmanship training by a member of the public shall be considered
to be the exercise or performance of a discretionary function.
(b) Civil Action or Claims.--Except to the extent provided in chapter
171 of title 28, United States Code, the United States shall not be
subject to any civil action or claim for money damages for any injury
to or loss of property, personal injury, or death caused by an activity
occurring at a public target range that is--
(1) funded in whole or in part by the Federal Government
pursuant to the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669 et seq.); or
(2) located on Federal land.
SEC. 206. SENSE OF CONGRESS REGARDING COOPERATION.
It is the sense of Congress that, consistent with applicable laws and
regulations, the Chief of the Forest Service and the Director of the
Bureau of Land Management should cooperate with State and local
authorities and other entities to carry out waste removal and other
activities on any Federal land used as a public target range to
encourage continued use of that land for target practice or
marksmanship training.
TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Polar Bear Conservation and Fairness
Act of 2015''.
SEC. 302. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT
HUNTS IN CANADA.
Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1374(c)(5)(D)) is amended to read as follows:
``(D)(i) The Secretary of the Interior shall, expeditiously
after the expiration of the applicable 30-day period under
subsection (d)(2), issue a permit for the importation of any
polar bear part (other than an internal organ) from a polar
bear taken in a sport hunt in Canada to any person--
``(I) who submits, with the permit application, proof
that the polar bear was legally harvested by the person
before February 18, 1997; or
``(II) who has submitted, in support of a permit
application submitted before May 15, 2008, proof that
the polar bear was legally harvested by the person
before May 15, 2008, from a polar bear population from
which a sport-hunted trophy could be imported before
that date in accordance with section 18.30(i) of title
50, Code of Federal Regulations.
``(ii) The Secretary shall issue permits under clause (i)(I)
without regard to subparagraphs (A) and (C)(ii) of this
paragraph, subsection (d)(3), and sections 101 and 102.
Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the
importation of any polar bear part authorized by a permit
issued under clause (i)(I). This clause shall not apply to
polar bear parts that were imported before June 12, 1997.
``(iii) The Secretary shall issue permits under clause
(i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B) and
102(b)(3) shall not apply to the importation of any polar bear
part authorized by a permit issued under clause (i)(II). This
clause shall not apply to polar bear parts that were imported
before the date of enactment of the Polar Bear Conservation and
Fairness Act of 2015.''.
TITLE IV--RECREATIONAL LANDS SELF-DEFENSE ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Recreational Lands Self-Defense Act
of 2015''.
SEC. 402. PROTECTING AMERICANS FROM VIOLENT CRIME.
(a) Findings.--Congress finds the following:
(1) The Second Amendment to the Constitution provides that
``the right of the people to keep and bear Arms, shall not be
infringed''.
(2) Section 327.13 of title 36, Code of Federal Regulations,
provides that, except in special circumstances, ``possession of
loaded firearms, ammunition, loaded projectile firing devices,
bows and arrows, crossbows, or other weapons is prohibited'' at
water resources development projects administered by the
Secretary of the Army.
(3) The regulations described in paragraph (2) prevent
individuals complying with Federal and State laws from
exercising the second amendment rights of the individuals while
at such water resources development projects.
(4) The Federal laws should make it clear that the second
amendment rights of an individual at a water resources
development project should not be infringed.
(b) Protecting the Right of Individuals To Bear Arms at Water
Resources Development Projects.--The Secretary of the Army shall not
promulgate or enforce any regulation that prohibits an individual from
possessing a firearm, including an assembled or functional firearm, at
a water resources development project covered under section 327.0 of
title 36, Code of Federal Regulations (as in effect on the date of
enactment of this Act), if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
TITLE V--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE
SEC. 501. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is
amended by adding at the end the following:
``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
``(a) Establishment.--There is hereby established the Wildlife and
Hunting Heritage Conservation Council Advisory Committee (in this
section referred to as the `Advisory Committee') to advise the
Secretaries of the Interior and Agriculture on wildlife and habitat
conservation, hunting, and recreational shooting.
``(b) Continuance and Abolishment of Existing Wildlife and Hunting
Heritage Conservation Council.--The Wildlife and Hunting Heritage
Conservation Council established pursuant to section 441 of the Revised
Statutes (43 U.S.C. 1457), section 2 of the Fish and Wildlife Act of
1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus of
the Department of the Interior--
``(1) shall continue until the date of the first meeting of
the Wildlife and Hunting Heritage Conservation Council
established by the amendment made by subsection (a); and
``(2) is hereby abolished effective on that date.
``(c) Duties of the Advisory Committee.--The Advisory Committee shall
advise the Secretaries with regard to--
``(1) implementation of Executive Order No. 13443:
Facilitation of Hunting Heritage and Wildlife Conservation,
which directs Federal agencies `to facilitate the expansion and
enhancement of hunting opportunities and the management of game
species and their habitat';
``(2) policies or programs to conserve and restore wetlands,
agricultural lands, grasslands, forest, and rangeland habitats;
``(3) policies or programs to promote opportunities and
access to hunting and shooting sports on Federal lands;
``(4) policies or programs to recruit and retain new hunters
and shooters;
``(5) policies or programs that increase public awareness of
the importance of wildlife conservation and the social and
economic benefits of recreational hunting and shooting; and
``(6) policies or programs that encourage coordination among
the public, the hunting and shooting sports community, wildlife
conservation groups, and States, tribes, and the Federal
Government.
``(d) Membership.--
``(1) Appointment.--
``(A) In general.--The Advisory Committee shall
consist of no more than 16 discretionary members and 7
ex officio members.
``(B) Ex officio members.--The ex officio members
are--
``(i) the Director of the United States Fish
and Wildlife Service or a designated
representative of the Director;
``(ii) the Director of the Bureau of Land
Management or a designated representative of
the Director;
``(iii) the Director of the National Park
Service or a designated representative of the
Director;
``(iv) the Chief of the Forest Service or a
designated representative of the Chief;
``(v) the Chief of the Natural Resources
Conservation Service or a designated
representative of the Chief;
``(vi) the Administrator of the Farm Service
Agency or a designated representative of the
Administrator; and
``(vii) the Executive Director of the
Association of Fish and Wildlife Agencies.
``(C) Discretionary members.--The discretionary
members shall be appointed jointly by the Secretaries
from at least one of each of the following:
``(i) State fish and wildlife agencies.
``(ii) Game bird hunting organizations.
``(iii) Wildlife conservation organizations.
``(iv) Big game hunting organizations.
``(v) Waterfowl hunting organizations.
``(vi) The tourism, outfitter, or guiding
industry.
``(vii) The firearms or ammunition
manufacturing industry.
``(viii) The hunting or shooting equipment
retail industry.
``(ix) Tribal resource management
organizations.
``(x) The agriculture industry.
``(xi) The ranching industry.
``(xii) Women's hunting and fishing advocacy,
outreach, or education organization.
``(xiii) Minority hunting and fishing
advocacy, outreach, or education organization.
``(xiv) Veterans service organization.
``(D) Eligibility.--Prior to the appointment of the
discretionary members, the Secretaries shall determine
that all individuals nominated for appointment to the
Advisory Committee, and the organization each
individual represents, actively support and promote
sustainable-use hunting, wildlife conservation, and
recreational shooting.
``(2) Terms.--
``(A) In general.--Except as provided in subparagraph
(B), members of the Advisory Committee shall be
appointed for a term of 4 years. Members shall not be
appointed for more than 3 consecutive or nonconsecutive
terms.
``(B) Terms of initial appointees.--As designated by
the Secretary at the time of appointment, of the
members first appointed--
``(i) 6 members shall be appointed for a term
of 4 years;
``(ii) 5 members shall be appointed for a
term of 3 years; and
``(iii) 5 members shall be appointed for a
term of 2 years.
``(3) Preservation of public advisory status.--No individual
may be appointed as a discretionary member of the Advisory
Committee while serving as an officer or employee of the
Federal Government.
``(4) Vacancy and removal.--
``(A) In general.--Any vacancy on the Advisory
Committee shall be filled in the manner in which the
original appointment was made.
``(B) Removal.--Advisory Committee members shall
serve at the discretion of the Secretaries and may be
removed at any time for good cause.
``(5) Continuation of service.--Each appointed member may
continue to serve after the expiration of the term of office to
which such member was appointed until a successor has been
appointed.
``(6) Chairperson.--The Chairperson of the Advisory Committee
shall be appointed for a 3-year term by the Secretaries,
jointly, from among the members of the Advisory Committee. An
individual may not be appointed as Chairperson for more than 2
consecutive or nonconsecutive terms.
``(7) Pay and expenses.--Members of the Advisory Committee
shall serve without pay for such service, but each member of
the Advisory Committee may be reimbursed for travel and lodging
incurred through attending meetings of the Advisory Committee
approved subgroup meetings in the same amounts and under the
same conditions as Federal employees (in accordance with
section 5703 of title 5, United States Code).
``(8) Meetings.--
``(A) In general.--The Advisory Committee shall meet
at the call of the Secretaries, the chairperson, or a
majority of the members, but not less frequently than
twice annually.
``(B) Open meetings.--Each meeting of the Advisory
Committee shall be open to the public.
``(C) Prior notice of meetings.--Timely notice of
each meeting of the Advisory Committee shall be
published in the Federal Register and be submitted to
trade publications and publications of general
circulation.
``(D) Subgroups.--The Advisory Committee may
establish such workgroups or subgroups as it deems
necessary for the purpose of compiling information or
conducting research. However, such workgroups may not
conduct business without the direction of the Advisory
Committee and must report in full to the Advisory
Committee.
``(9) Quorum.--Nine members of the Advisory Committee shall
constitute a quorum.
``(e) Expenses.--The expenses of the Advisory Committee that the
Secretaries determine to be reasonable and appropriate shall be paid by
the Secretaries.
``(f) Administrative Support, Technical Services, and Advice.--A
designated Federal Officer shall be jointly appointed by the
Secretaries to provide to the Advisory Committee the administrative
support, technical services, and advice that the Secretaries determine
to be reasonable and appropriate.
``(g) Annual Report.--
``(1) Required.--Not later than September 30 of each year,
the Advisory Committee shall submit a report to the
Secretaries, the Committee on Natural Resources and the
Committee on Agriculture of the House of Representatives, and
the Committee on Energy and Natural Resources and the Committee
on Agriculture, Nutrition, and Forestry of the Senate. If
circumstances arise in which the Advisory Committee cannot meet
the September 30 deadline in any year, the Secretaries shall
advise the Chairpersons of each such Committee of the reasons
for such delay and the date on which the submission of the
report is anticipated.
``(2) Contents.--The report required by paragraph (1) shall
describe--
``(A) the activities of the Advisory Committee during
the preceding year;
``(B) the reports and recommendations made by the
Advisory Committee to the Secretaries during the
preceding year; and
``(C) an accounting of actions taken by the
Secretaries as a result of the recommendations.
``(h) Federal Advisory Committee Act.--The Advisory Committee shall
be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).''.
TITLE VI--RECREATIONAL FISHING AND HUNTING HERITAGE OPPORTUNITIES ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Recreational Fishing and Hunting
Heritage and Opportunities Act''.
SEC. 602. FINDINGS.
Congress finds that--
(1) recreational fishing and hunting are important and
traditional activities in which millions of Americans
participate;
(2) recreational anglers and hunters have been and continue
to be among the foremost supporters of sound fish and wildlife
management and conservation in the United States;
(3) recreational fishing and hunting are environmentally
acceptable and beneficial activities that occur and can be
provided on Federal lands and waters without adverse effects on
other uses or users;
(4) recreational anglers, hunters, and sporting organizations
provide direct assistance to fish and wildlife managers and
enforcement officers of the Federal Government as well as State
and local governments by investing volunteer time and effort to
fish and wildlife conservation;
(5) recreational anglers, hunters, and the associated
industries have generated billions of dollars of critical
funding for fish and wildlife conservation, research, and
management by providing revenues from purchases of fishing and
hunting licenses, permits, and stamps, as well as excise taxes
on fishing, hunting, and recreational shooting equipment that
have generated billions of dollars of critical funding for fish
and wildlife conservation, research, and management;
(6) recreational shooting is also an important and
traditional activity in which millions of Americans
participate;
(7) safe recreational shooting is a valid use of Federal
lands, including the establishment of safe and convenient
recreational shooting ranges on such lands, and participation
in recreational shooting helps recruit and retain hunters and
contributes to wildlife conservation;
(8) opportunities to recreationally fish, hunt, and shoot are
declining, which depresses participation in these traditional
activities, and depressed participation adversely impacts fish
and wildlife conservation and funding for important
conservation efforts; and
(9) the public interest would be served, and our citizens'
fish and wildlife resources benefitted, by action to ensure
that opportunities are facilitated to engage in fishing and
hunting on Federal land as recognized by Executive Order No.
12962, relating to recreational fisheries, and Executive Order
No. 13443, relating to facilitation of hunting heritage and
wildlife conservation.
SEC. 603. FISHING, HUNTING, AND RECREATIONAL SHOOTING.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means any land
or water that is owned by the United States and under the
administrative jurisdiction of the Bureau of Land Management or
the Forest Service.
(2) Federal land management officials.--The term ``Federal
land management officials'' means--
(A) the Secretary of the Interior and Director of the
Bureau of Land Management regarding Bureau of Land
Management lands and interests in lands under the
administrative jurisdiction of the Bureau of Land
Management; and
(B) the Secretary of Agriculture and Chief of the
Forest Service regarding National Forest System lands.
(3) Hunting.--
(A) In general.--Except as provided in subparagraph
(B), the term ``hunting'' means use of a firearm, bow,
or other authorized means in the lawful--
(i) pursuit, shooting, capture, collection,
trapping, or killing of wildlife;
(ii) attempt to pursue, shoot, capture,
collect, trap, or kill wildlife; or
(iii) the training of hunting dogs, including
field trials.
(B) Exclusion.--The term ``hunting'' does not include
the use of skilled volunteers to cull excess animals
(as defined by other Federal law).
(4) Recreational fishing.--The term ``recreational fishing''
means the lawful--
(A) pursuit, capture, collection, or killing of fish;
or
(B) attempt to capture, collect, or kill fish.
(5) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow
and arrow.
(b) In General.--Subject to valid existing rights and subsection (e),
and cooperation with the respective State fish and wildlife agency,
Federal land management officials shall exercise authority under
existing law, including provisions regarding land use planning, to
facilitate use of and access to Federal lands, including National
Monuments, Wilderness Areas, Wilderness Study Areas, and lands
administratively classified as wilderness eligible or suitable and
primitive or semi-primitive areas, for fishing, hunting, and
recreational shooting, except as limited by--
(1) statutory authority that authorizes action or withholding
action for reasons of national security, public safety, or
resource conservation;
(2) any other Federal statute that specifically precludes
fishing, hunting, or recreational shooting on specific Federal
lands, waters, or units thereof; and
(3) discretionary limitations on fishing, hunting, and
recreational shooting determined to be necessary and reasonable
as supported by the best scientific evidence and advanced
through a transparent public process.
(c) Management.--Consistent with subsection (a), Federal land
management officials shall exercise their land management discretion--
(1) in a manner that supports and facilitates fishing,
hunting, and recreational shooting opportunities;
(2) to the extent authorized under applicable State law; and
(3) in accordance with applicable Federal law.
(d) Planning.--
(1) Evaluation of effects on opportunities to engage in
fishing, hunting, or recreational shooting.--Planning documents
that apply to Federal lands, including land resources
management plans, resource management plans, travel management
plans, and general management plans shall include a specific
evaluation of the effects of such plans on opportunities to
engage in fishing, hunting, or recreational shooting.
(2) Strategic growth policy for the national wildlife refuge
system.--Section 4(a)(3) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd(a)(3)) is amended--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B), the
following:
``(C) the Secretary shall integrate wildlife-dependent
recreational uses in accordance with their status as priority
general public uses into proposed or existing regulations,
policies, criteria, plans, or other activities to alter or
amend the manner in which individual refuges or the National
Wildlife Refuge System (System) are managed, including, but not
limited to, any activities which target or prioritize criteria
for long and short term System acquisitions;''.
(3) No major federal action.--No action taken under this
title, or under section 4 of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd), either
individually or cumulatively with other actions involving
Federal lands or lands managed by the United States Fish and
Wildlife Service, shall be considered to be a major Federal
action significantly affecting the quality of the human
environment, and no additional identification, analysis, or
consideration of environmental effects, including cumulative
effects, is necessary or required.
(4) Other activity not considered.--Federal land management
officials are not required to consider the existence or
availability of fishing, hunting, or recreational shooting
opportunities on adjacent or nearby public or private lands in
the planning for or determination of which Federal lands are
open for these activities or in the setting of levels of use
for these activities on Federal lands, unless the combination
or coordination of such opportunities would enhance the
fishing, hunting, or recreational shooting opportunities
available to the public.
(e) Federal Lands.--
(1) Lands open.--Lands under the jurisdiction of the Bureau
of Land Management and the Forest Service, including Wilderness
Areas, Wilderness Study Areas, lands designated as wilderness
or administratively classified as wilderness eligible or
suitable and primitive or semi-primitive areas and National
Monuments, but excluding lands on the Outer Continental Shelf,
shall be open to fishing, hunting, and recreational shooting
unless the managing Federal agency acts to close lands to such
activity. Lands may be subject to closures or restrictions if
determined by the head of the agency to be necessary and
reasonable and supported by facts and evidence, for purposes
including resource conservation, public safety, energy or
mineral production, energy generation or transmission
infrastructure, water supply facilities, protection of other
permittees, protection of private property rights or interest,
national security, or compliance with other law.
(2) Recreational shooting ranges.--
(A) In general.--The head of each Federal agency
shall use his or her authorities in a manner consistent
with this Act and other applicable law, to--
(i) lease or permit use of lands under the
jurisdiction of the agency for recreational
shooting ranges; and
(ii) designate specific lands under the
jurisdiction of the agency for recreational
shooting activities.
(B) Limitation on liability.--Any designation under
subparagraph (A)(ii) shall not subject the United
States to any civil action or claim for monetary
damages for injury or loss of property or personal
injury or death caused by any activity occurring at or
on such designated lands.
(f) Necessity in Wilderness Areas and ``Within and Supplemental to''
Wilderness Purposes.--
(1) Minimum requirements for administration.--The provision
of opportunities for fishing, hunting, and recreational
shooting, and the conservation of fish and wildlife to provide
sustainable use recreational opportunities on designated
Federal wilderness areas shall constitute measures necessary to
meet the minimum requirements for the administration of the
wilderness area, provided that this determination shall not
authorize or facilitate commodity development, use, or
extraction, motorized recreational access or use that is not
otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et
seq.), or permanent road construction or maintenance within
designated wilderness areas.
(2) Application of wilderness act.--Provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that
wilderness purposes are ``within and supplemental to'' the
purposes of the underlying Federal land unit are reaffirmed.
When seeking to carry out fish and wildlife conservation
programs and projects or provide fish and wildlife dependent
recreation opportunities on designated wilderness areas, each
Federal land management official shall implement these
supplemental purposes so as to facilitate, enhance, or both,
but not to impede the underlying Federal land purposes when
seeking to carry out fish and wildlife conservation programs
and projects or provide fish and wildlife dependent recreation
opportunities in designated wilderness areas, provided that
such implementation shall not authorize or facilitate commodity
development, use or extraction, or permanent road construction
or maintenance within designated wilderness areas.
(g) No Priority.--Nothing in this section requires a Federal land
management official to give preference to fishing, hunting, or
recreational shooting over other uses of Federal land or over land or
water management priorities established by Federal law.
(h) Consultation With Councils.--In fulfilling the duties under this
section, Federal land management officials shall consult with
respective advisory councils as established in Executive Order Nos.
12962 and 13443.
(i) Authority of the States.--Nothing in this section shall be
construed as interfering with, diminishing, or conflicting with the
authority, jurisdiction, or responsibility of any State to exercise
primary management, control, or regulation of fish and wildlife under
State law (including regulations) on land or water within the State,
including on Federal land.
(j) Federal Licenses.--Nothing in this section shall be construed to
authorize a Federal land management official to require a license, fee,
or permit to fish, hunt, or trap on land or water in a State, including
on Federal land in the States, except that this subsection shall not
affect the Migratory Bird Stamp requirement set forth in the Migratory
Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.).
SEC. 604. VOLUNTEER HUNTERS; REPORTS; CLOSURES AND RESTRICTIONS.
(a) Definitions.--For the purposes of this section:
(1) Public land.--The term ``public land'' means--
(A) units of the National Park System;
(B) National Forest System lands; and
(C) land and interests in land owned by the United
States and under the administrative jurisdiction of--
(i) the Fish and Wildlife Service; or
(ii) the Bureau of Land Management.
(2) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior and includes the
Director of the National Park Service, with regard to
units of the National Park System;
(B) the Secretary of the Interior and includes the
Director of the Fish and Wildlife Service, with regard
to Fish and Wildlife Service lands and waters;
(C) the Secretary of the Interior and includes the
Director of the Bureau of Land Management, with regard
to Bureau of Land Management lands and waters; and
(D) the Secretary of Agriculture and includes the
Chief of the Forest Service, with regard to National
Forest System lands.
(3) Volunteer from the hunting community.--The term
``volunteer from the hunting community'' means a volunteer who
holds a valid hunting license issued by a State.
(b) Volunteer Hunters.--When planning wildlife management involving
reducing the size of a wildlife population on public land, the
Secretary shall consider the use of and may use volunteers from the
hunting community as agents to assist in carrying out wildlife
management on public land. The Secretary shall not reject the use of
volunteers from the hunting community as agents without the concurrence
of the appropriate State wildlife management authorities.
(c) Report.--Beginning on the second October 1 after the date of the
enactment of this Act and biennially on October 1 thereafter, the
Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(1) any public land administered by the Secretary that was
closed to fishing, hunting, and recreational shooting at any
time during the preceding year; and
(2) the reason for the closure.
(d) Closures or Significant Restrictions.--
(1) In general.--Other than closures established or
prescribed by land planning actions referred to in section
604(e) or emergency closures described in paragraph (2), a
permanent or temporary withdrawal, change of classification, or
change of management status of public land that effectively
closes or significantly restricts any acreage of public land to
access or use for fishing, hunting, recreational shooting, or
activities related to fishing, hunting, or recreational
shooting, or a combination of those activities, shall take
effect only if, before the date of withdrawal or change, the
Secretary--
(A) publishes appropriate notice of the withdrawal or
change, respectively;
(B) demonstrates that coordination has occurred with
a State fish and wildlife agency; and
(C) submits to the Committee on Natural Resources of
the House of Representatives and the Committee on
Energy and Natural Resources of the Senate written
notice of the withdrawal or change, respectively.
(2) Emergency closures.--Nothing in this Act prohibits the
Secretary from establishing or implementing emergency closures
or restrictions of the smallest practicable area to provide for
public safety, resource conservation, national security, or
other purposes authorized by law. Such an emergency closure
shall terminate after a reasonable period of time unless
converted to a permanent closure consistent with this Act.
TITLE VII--FARMER AND HUNTER PROTECTION ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Hunter and Farmer Protection Act''.
SEC. 702. BAITING OF MIGRATORY GAME BIRDS.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended
by striking subsection (b) and inserting the following:
``(b) Prohibition of Baiting.--
``(1) Definitions.--In this subsection:
``(A) Baited area.--
``(i) In general.--The term `baited area'
means--
``(I) any area on which salt, grain,
or other feed has been placed, exposed,
deposited, distributed, or scattered,
if the salt, grain, or feed could lure
or attract migratory game birds; and
``(II) in the case of waterfowl,
cranes (family Gruidae), and coots
(family Rallidae), a standing,
unharvested crop that has been
manipulated through activities such as
mowing, discing, or rolling, unless the
activities are normal agricultural
practices.
``(ii) Exclusions.--An area shall not be
considered to be a `baited area' if the area--
``(I) has been treated with a normal
agricultural practice;
``(II) has standing crops that have
not been manipulated; or
``(III) has standing crops that have
been or are flooded.
``(B) Baiting.--The term `baiting' means the direct
or indirect placing, exposing, depositing,
distributing, or scattering of salt, grain, or other
feed that could lure or attract migratory game birds
to, on, or over any areas on which a hunter is
attempting to take migratory game birds.
``(C) Migratory game bird.--The term `migratory game
bird' means migratory bird species--
``(i) that are within the taxonomic families
of Anatidae, Columbidae, Gruidae, Rallidae, and
Scolopacidae; and
``(ii) for which open seasons are prescribed
by the Secretary of the Interior.
``(D) Normal agricultural practice.--
``(i) In general.--The term `normal
agricultural practice' means any practice in 1
annual growing season that--
``(I) is carried out in order to
produce a marketable crop, including
planting, harvest, postharvest, or soil
conservation practices; and
``(II) is recommended for the
successful harvest of a given crop by
the applicable State office of the
Cooperative Extension System of the
Department of Agriculture, in
consultation with, and if requested,
the concurrence of, the head of the
applicable State department of fish and
wildlife.
``(ii) Inclusions.--
``(I) In general.--Subject to
subclause (II), the term `normal
agricultural practice' includes the
destruction of a crop in accordance
with practices required by the Federal
Crop Insurance Corporation for
agricultural producers to obtain crop
insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.)
on land on which a crop during the
current or immediately preceding crop
year was not harvestable due to a
natural disaster (including any
hurricane, storm, tornado, flood, high
water, wind-driven water, tidal wave,
tsunami, earthquake, volcanic eruption,
landslide, mudslide, drought, fire,
snowstorm, or other catastrophe that is
declared a major disaster by the
President in accordance with section
401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5170)).
``(II) Limitations.--The term `normal
agricultural practice' only includes a
crop described in subclause (I) that
has been destroyed or manipulated
through activities that include (but
are not limited to) mowing, discing, or
rolling if the Federal Crop Insurance
Corporation certifies that flooding was
not an acceptable method of destruction
to obtain crop insurance under the
Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
``(E) Waterfowl.--The term `waterfowl' means native
species of the family Anatidae.
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to take any migratory game bird by baiting or
on or over any baited area, if the person knows or
reasonably should know that the area is a baited area;
or
``(B) to place or direct the placement of bait on or
adjacent to an area for the purpose of causing,
inducing, or allowing any person to take or attempt to
take any migratory game bird by baiting or on or over
the baited area.
``(3) Regulations.--The Secretary of the Interior may
promulgate regulations to implement this subsection.
``(4) Reports.--Annually, the Secretary of Agriculture shall
submit to the Secretary of the Interior a report that describes
any changes to normal agricultural practices across the range
of crops grown by agricultural producers in each region of the
United States in which the recommendations are provided to
agricultural producers.''.
TITLE VIII--TRANSPORTING BOWS ACROSS NATIONAL PARK SERVICE LANDS
SEC. 801. SHORT TITLE.
This title may be cited as the ``Hunter Access Corridors Act''.
SEC. 802. BOWHUNTING OPPORTUNITY AND WILDLIFE STEWARDSHIP.
(a) In General.--Subchapter II of chapter 1015 of title 54, United
States Code, is amended by adding at the end the following:
``Sec. 101513. Hunter access corridors
``(a) Definitions.--In this section:
``(1) Not ready for immediate use.--The term `not ready for
immediate use' means--
``(A) a bow or crossbow, the arrows of which are
secured or stowed in a quiver or other arrow transport
case; and
``(B) with respect to a crossbow, uncocked.
``(2) Valid hunting license.--The term `valid hunting
license' means a State-issued hunting license that authorizes
an individual to hunt on private or public land adjacent to the
System unit in which the individual is located while in
possession of a bow or crossbow that is not ready for immediate
use.
``(b) Transportation Authorized.--
``(1) In general.--The Director shall not require a permit
for, or promulgate or enforce any regulation that prohibits an
individual from transporting bows and crossbows that are not
ready for immediate use across any System unit if--
``(A) in the case of an individual traversing the
System unit on foot--
``(i) the individual is not otherwise
prohibited by law from possessing the bows and
crossbows;
``(ii) the bows or crossbows are not ready
for immediate use throughout the period during
which the bows or crossbows are transported
across the System unit;
``(iii) the possession of the bows and
crossbows is in compliance with the law of the
State in which the System unit is located; and
``(iv)(I) the individual possesses a valid
hunting license;
``(II) the individual is traversing the
System unit en route to a hunting access
corridor established under subsection (c)(1);
or
``(III) the individual is traversing the
System unit in compliance with any other
applicable regulations or policies; or
``(B) the bows or crossbows are not ready for
immediate use and remain inside a vehicle.
``(2) Enforcement.--Nothing in this subsection limits the
authority of the Director to enforce laws (including
regulations) prohibiting hunting or the taking of wildlife in
any System unit.
``(c) Establishment of Hunter Access Corridors.--
``(1) In general.--On a determination by the Director under
paragraph (2), the Director may establish and publish (in
accordance with section 1.5 of title 36, Code of Federal
Regulations (or a successor regulation)), on a publicly
available map, hunter access corridors across System units that
are used to access public land that is--
``(A) contiguous to a System unit; and
``(B) open to hunting.
``(2) Determination by director.--The determination referred
to in paragraph (1) is a determination that the hunter access
corridor would provide wildlife management or visitor
experience benefits within the boundary of the System unit in
which the hunter access corridor is located.
``(3) Hunting season.--The hunter access corridors shall be
open for use during hunting seasons.
``(4) Exception.--The Director may establish limited periods
during which access through the hunter access corridors is
closed for reasons of public safety, administration, or
compliance with applicable law.
``(5) Identification of corridors.--The Director shall--
``(A) make information regarding hunter access
corridors available on the individual website of the
applicable System unit; and
``(B) provide information regarding any processes
established by the Director for transporting legally
taken game through individual hunter access corridors.
``(6) Registration; transportation of game.--The Director
may--
``(A) provide registration boxes to be located at the
trailhead of each hunter access corridor for self-
registration;
``(B) provide a process for online self-registration;
and
``(C) allow nonmotorized conveyances to transport
legally taken game through a hunter access corridor
established under this subsection, including game carts
and sleds.
``(7) Consultation with states.--The Director shall consult
with each applicable State wildlife agency to identify
appropriate hunter access corridors.
``(d) Effect.--Nothing in this section--
``(1) diminishes, enlarges, or modifies any Federal or State
authority with respect to recreational hunting, recreational
shooting, or any other recreational activities within the
boundaries of a System unit; or
``(2) authorizes--
``(A) the establishment of new trails in System
units; or
``(B) authorizes individuals to access areas in
System units, on foot or otherwise, that are not open
to such access.
``(e) No Major Federal Action.--
``(1) In general.--Any action taken under this section shall
not be considered a major Federal action significantly
affecting the quality of the human environment under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(2) No additional action required.--No additional
identification, analyses, or consideration of environmental
effects (including cumulative environmental effects) is
necessary or required with respect to an action taken under
this section.''.
(b) Clerical Amendment.--The table of sections for title 54, United
States Code, is amended by inserting after the item relating to section
101512 the following:
``101513. Hunter access corridors.''.
TITLE IX--FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION
(FLTFA)
SEC. 901. SHORT TITLE.
This title may be cited as the ``Federal Land Transaction
Facilitation Act Reauthorization of 2015''.
SEC. 902. FEDERAL LAND TRANSACTION FACILITATION ACT.
The Federal Land Transaction Facilitation Act is amended--
(1) in section 203(1) (43 U.S.C. 2302(1)), by striking
``cultural, or'' and inserting ``cultural, recreational access
and use, or other'';
(2) in section 203(2) in the matter preceding subparagraph
(A), by striking ``on the date of enactment of this Act was''
and inserting ``is'';
(3) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``section 206''
and all that follows through the period and inserting
the following: ``section 206--
``(1) to complete appraisals and satisfy other legal
requirements for the sale or exchange of public land identified
for disposal under approved land use plans under section 202 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712);
``(2) not later than 180 days after the date of the enactment
of the Federal Land Transaction Facilitation Act
Reauthorization of 2015, to establish and make available to the
public, on the website of the Department of the Interior, a
database containing a comprehensive list of all the land
referred to in paragraph (1); and
``(3) to maintain the database referred to in paragraph
(2).''; and
(B) in subsection (d), by striking ``11'' and
inserting ``22'';
(4) by amending section 206(c)(1) (43 U.S.C. 2305(c)(1)) to
read as follows:
``(1) Use of funds.--
``(A) In general.--Funds in the Federal Land Disposal
Account shall be expended in accordance with this
subsection.
``(B) Purposes.--Except as authorized under paragraph
(2), funds in the Federal Land Disposal Account shall
be used for one or more of the following purposes:
``(i) To purchase lands or interests therein
that are otherwise authorized by law to be
acquired and are one or more of the following:
``(I) Inholdings.
``(II) Adjacent to federally
designated areas and contain
exceptional resources.
``(III) Provide opportunities for
hunting, recreational fishing,
recreational shooting, and other
recreational activities.
``(IV) Likely to aid in the
performance of deferred maintenance or
the reduction of operation and
maintenance costs or other deferred
costs.
``(ii) To perform deferred maintenance or
other maintenance activities that enhance
opportunities for recreational access.'';
(5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
(A) by striking subparagraph (A);
(B) by redesignating subparagraphs (B), (C), and (D)
as subparagraphs (A), (B), and (C), respectively;
(C) in subparagraph (C) (as so redesignated by this
paragraph)--
(i) by striking ``purchases'' and inserting
``land purchases and performance of deferred
maintenance activities'';
(ii) by striking ``subparagraph (C)'' and
inserting ``subparagraph (B)''; and
(iii) by inserting ``for the activities
outlined in paragraph (2)'' after
``generated''; and
(D) by adding at the end the following:
``(D) Any funds made available under subparagraph (C)
that are not obligated or expended by the end of the
fourth full fiscal year after the date of the sale or
exchange of land that generated the funds may be
expended in any State.'';
(6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))--
(A) by inserting after subparagraph (A) the
following:
``(B) the extent to which the acquisition of the land
or interest therein will increase the public
availability of resources for, and facilitate public
access to, hunting, fishing, and other recreational
activities;''; and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D);
(7) in section 206(f) (43 U.S.C. 2305(f)), by amending
paragraph (2) to read as follows:
``(2) any remaining balance in the account shall be deposited
in the Treasury and used for deficit reduction, except that in
the case of a fiscal year for which there is no Federal budget
deficit, such amounts shall be used to reduce the Federal debt
(in such manner as the Secretary of the Treasury considers
appropriate).''; and
(8) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting
``96-586''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;''
before ``112 Stat.''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note;
Public Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 123 Stat. 1121).''.
TITLE X--AFRICAN ELEPHANT CONSERVATION AND LEGAL IVORY POSSESSION ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``African Elephant Conservation and
Legal Ivory Possession Act of 2015''.
SEC. 1002. REFERENCES.
Except as otherwise specifically provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the reference shall be considered to be made to a
provision of the African Elephant Conservation Act (16 U.S.C. 4201 et
seq.).
SEC. 1003. LIMITED EXEMPTION FOR CERTAIN AFRICAN ELEPHANT IVORY.
Section 2203 (16 U.S.C. 4223) is amended--
(1) by inserting ``(a) In General.--'' before the first
sentence;
(2) by inserting ``and subsection (b) of this section'' after
``2202(e)''; and
(3) by adding at the end the following:
``(b) Exemption.--Nothing in this Act or subsection (a) or (d) of
section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall
be construed to prohibit importation or exportation, or to require
permission of the Secretary for importation or exportation, of--
``(1) any raw ivory or worked ivory--
``(A) imported solely for purposes of becoming part
of a museum's permanent collection, return to a lending
museum, or display in a museum; or
``(B) exported solely for purposes of--
``(i) display in a foreign museum; or
``(ii) return to a foreign person who lent
such ivory to a museum in the United States;
``(2) any raw ivory or worked ivory that was lawfully
importable into the United States on February 24, 2014,
regardless of when acquired; or
``(3) any worked ivory that was previously lawfully possessed
in the United States.''.
SEC. 1004. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW
ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE
COUNTRY.
Part I (16 U.S.C. 4211 et seq.) is amended by adding at the end the
following:
``SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW
ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE
COUNTRY.
``The Secretary, in coordination with the Secretary of State, may
station one United States Fish and Wildlife Service law enforcement
officer in the primary United States diplomatic or consular post in
each African country that has a significant population of African
elephants, who shall assist local wildlife rangers in the protection of
African elephants and facilitate the apprehension of individuals who
illegally kill, or assist the illegal killing of, African elephants.''.
SEC. 1005. CERTIFICATION FOR THE PURPOSES OF THE FISHERMEN'S PROTECTIVE
ACT OF 1967.
Section 2202 (16 U.S.C. 4222) is amended by adding at the end the
following:
``(g) Certification.--When the Secretary of the Interior finds that a
country, directly or indirectly, is a significant transit or
destination point for illegal ivory trade, the Secretary shall certify
such fact to the President with respect to the country for the purposes
of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1978(a)).''.
SEC. 1006. TREATMENT OF ELEPHANT IVORY.
Section 2203 (16 U.S.C. 4223) is further amended by adding at the end
the following:
``(c) Treatment of Elephant Ivory.--Nothing in this Act or the
Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed--
``(1) to prohibit, or to authorize prohibiting, the
possession, sale, delivery, receipt, shipment, or
transportation of African elephant ivory, or any product
containing African elephant ivory, that has been lawfully
imported or crafted in the United States; or
``(2) to authorize using any means of determining for
purposes of this Act or the Endangered Species Act of 1973
whether African elephant ivory has been lawfully imported,
including any presumption or burden of proof applied in such
determination, other than such means used by the Secretary as
of February 24, 2014.''.
SEC. 1007. SPORT-HUNTED ELEPHANT TROPHIES.
Section 2203 (16 U.S.C. 4223) is further amended by adding at the end
the following:
``(d) Sport-Hunted Elephant Trophies.--Nothing in this Act or
subsection (a) or (d) of section 9 of the Endangered Species Act of
1973 (16 U.S.C. 1538) shall be construed to prohibit any citizen or
legal resident of the United States, or an agent of such an individual,
from importing a sport-hunted African elephant trophy under section
2202(e) of this Act, if the country in which the elephant was taken had
an elephant population on Appendix II of CITES at the time the trophy
elephant was taken.
``(e) Relationship to the Convention.--Nothing in this section shall
be construed as modifying or repealing the Secretary's duties to
implement CITES and the appendices thereto, or as modifying or
repealing section 8A or 9(c) of the Endangered Species Act of 1973 (16
U.S.C. 1537a and 1538(c)).''.
SEC. 1008. AFRICAN ELEPHANT CONSERVATION ACT FINANCIAL ASSISTANCE
PRIORITY AND REAUTHORIZATION.
(a) Financial Assistance Priority.--Section 2101 (16 U.S.C. 4211) is
amended by redesignating subsections (e) and (f) as subsections (f) and
(g), respectively, and by inserting after subsection (d) the following:
``(e) Priority.--In providing financial assistance under this
section, the Secretary shall give priority to projects designed to
facilitate the acquisition of equipment and training of wildlife
officials in ivory producing countries to be used in anti-poaching
efforts.''.
(b) Reauthorization.--Section 2306(a) (16 U.S.C. 4245(a)) is amended
by striking ``2007 through 2012'' and inserting ``2016 through 2020''.
TITLE XI--RESPECT FOR TREATIES AND RIGHTS
SEC. 1101. RESPECT FOR TREATIES AND RIGHTS.
Nothing in this Act or the amendments made by this Act shall be
construed to affect or modify any treaty or other right of any
federally recognized Indian tribe.
TITLE XII--INTEREST ON OBLIGATIONS HELD IN THE WILDLIFE RESTORATION
FUND
SEC. 1201. INTEREST ON OBLIGATIONS HELD IN THE WILDLIFE RESTORATION
FUND.
Section 3(b)(2)(C) of the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669b(b)(2)(C)) is amended by striking ``2016'' and inserting
``2026''.
TITLE XIII--PERMITS FOR FILM CREWS OF FIVE PEOPLE OR LESS
SEC. 1301. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.
(a) Purpose.--The purpose of this section is to provide commercial
film crews of 5 persons or fewer access to film in areas designated for
public use during public hours on Federal land and waterways.
(b) National Park System Land.--Section 100905 of title 54, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Except as provided in paragraph (3),
the Secretary''; and
(B) by adding at the end the following:
``(3) Special rules for film crews of 5 persons or fewer.--
``(A) Definition of film crew.--In this paragraph,
the term `film crew' means any persons present on
Federal land or waterways under the jurisdiction of the
Secretary who are associated with the production of a
film.
``(B) Required permit and fee.--For any film crew of
5 persons or fewer, the Secretary shall require a
permit and assess an annual fee of $200 for commercial
filming activities or similar projects on Federal land
and waterways administered by the Secretary.
``(C) Commercial filming activities.--A permit issued
under subparagraph (B) shall be valid for commercial
filming activities or similar projects that occur in
areas designated for public use during public hours on
all Federal land and waterways administered by the
Secretary for a 1-year period beginning on the date of
issuance of the permit.
``(D) No additional fees.--For persons holding a
permit issued under this paragraph, during the
effective period of the permit, the Secretary shall not
assess any fees in addition to the fee assessed under
subparagraph (B).
``(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under any other
purposes, use of cameras or related equipment used for
the purpose of commercial filming activities or similar
projects in accordance with this paragraph on Federal
land and waterways administered by the Secretary.
``(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued under this
paragraph shall notify the applicable land management
agency with jurisdiction over the Federal land at least
48 hours before entering the Federal land.
``(G) Denial of access.--The head of the applicable
land management agency may deny access to a film crew
under this paragraph if--
``(i) there is a likelihood of resource
damage that cannot be mitigated;
``(ii) there would be an unreasonable
disruption of the use and enjoyment of the site
by the public;
``(iii) the activity poses health or safety
risks to the public; or
``(iv) the filming includes the use of models
or props that are not part of the natural or
cultural resources or administrative facilities
of the Federal land.''; and
(2) in the first sentence of subsection (b), by striking
``collect any costs'' and inserting ``recover any costs''.
(c) Other Federal Land.--Section 1 of Public Law 106-206 (16 U.S.C.
460l-6d) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Except as provided in paragraph (3),
the Secretary''; and
(B) by adding at the end the following:
``(3) Special rules for film crews of 5 persons or fewer.--
``(A) Definition of film crew.--In this paragraph,
the term `film crew' means any persons present on
Federal land or waterways under the jurisdiction of the
Secretary who are associated with the production of a
film.
``(B) Required permit and fee.--For any film crew of
5 persons or fewer, the Secretary shall require a
permit and assess an annual fee of $200 for commercial
filming activities or similar projects on Federal land
and waterways administered by the Secretary.
``(C) Commercial filming activities.--A permit issued
under subparagraph (B) shall be valid for commercial
filming activities or similar projects that occur in
areas designated for public use during public hours on
all Federal land and waterways administered by the
Secretary for a 1-year period beginning on the date of
issuance of the permit.
``(D) No additional fees.--For persons holding a
permit issued under this paragraph, during the
effective period of the permit, the Secretary shall not
assess any fees in addition to the fee assessed under
subparagraph (B).
``(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under any other
purposes, use of cameras or related equipment used for
the purpose of commercial filming activities or similar
projects in accordance with this paragraph on Federal
land and waterways administered by the Secretary.
``(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued under this
paragraph shall notify the applicable land management
agency with jurisdiction over the Federal land at least
48 hours before entering the Federal land.
``(G) Denial of access.--The head of the applicable
land management agency may deny access to a film crew
under this paragraph if--
``(i) there is a likelihood of resource
damage that cannot be mitigated;
``(ii) there would be an unreasonable
disruption of the use and enjoyment of the site
by the public;
``(iii) the activity poses health or safety
risks to the public; or
``(iv) the filming includes the use of models
or props that are not part of the natural or
cultural resources or administrative facilities
of the Federal land.''; and
(2) in the first sentence of subsection (b)--
(A) by striking ``collect any costs'' and inserting
``recover any costs''; and
(B) by striking ``similar project'' and inserting
``similar projects''.
TITLE XIV--STATE APPROVAL OF FISHING RESTRICTION
SEC. 1401. STATE OR TERRITORIAL APPROVAL OF RESTRICTION OF RECREATIONAL
OR COMMERCIAL FISHING ACCESS TO CERTAIN STATE OR
TERRITORIAL WATERS.
(a) Approval Required.--The Secretary of the Interior and the
Secretary of Commerce shall not restrict recreational or commercial
fishing access to any State or territorial marine waters or Great Lakes
waters within the jurisdiction of the National Park Service or the
Office of National Marine Sanctuaries, respectively, unless those
restrictions are developed in coordination with, and approved by, the
fish and wildlife management agency of the State or territory that has
fisheries management authority over those waters.
(b) Definition.--In this section, the term ``marine waters'' includes
coastal waters and estuaries.
TITLE XV--HUNTING AND RECREATIONAL FISHING WITHIN CERTAIN NATIONAL
FORESTS
SEC. 1501. DEFINITIONS.
In this title:
(1) Hunting.--The term ``hunting'' means use of a firearm,
bow, or other authorized means in the lawful pursuit, shooting,
capture, collection, trapping, or killing of wildlife; attempt
to pursue, shoot, capture, collect, trap, or kill wildlife; or
the training and use of hunting dogs, including field trials.
(2) Recreational fishing.--The term ``recreational fishing''
means the lawful pursuit, capture, collection, or killing of
fish; or attempt to capture, collect, or kill fish.
(3) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared by the Forest Service for a
unit of the National Forest System pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604).
(4) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a))
SEC. 1502. HUNTING AND RECREATIONAL FISHING WITHIN THE NATIONAL FOREST
SYSTEM.
(a) Prohibition of Restrictions.--The Secretary of Agriculture or
Chief of the Forest Service may not establish policies, directives, or
regulations that restrict the type, season, or method of hunting or
recreational fishing on lands within the National Forest System that
are otherwise open to those activities and are consistent with the
applicable forest plan.
(b) Prior Restrictions Void.--Any restrictions imposed by the
Secretary of Agriculture or Chief of the Forest Service regarding the
type, season, or method of hunting or recreational fishing on lands
within the National Forest System that are otherwise open to those
activities in force on the date of the enactment of this Act shall be
void and have no force or effect.
(c) Applicability.--This section shall apply only to the Kisatchie
National Forest in the State of Louisiana, the De Soto National Forest
in the State of Mississippi, and the Ozark National Forest, the St.
Francis National Forest and the Ouachita National Forest in the States
of Arkansas and Oklahoma.
(d) State Authority.--Nothing in this section, section 1 of the Act
of June 4, 1897 (16 U.S.C. 551), or section 32 of the Act of July 22,
1937 (7 U.S.C. 1011) shall affect the authority of States to manage
hunting or recreational fishing on lands within the National Forest
System.
TITLE XVI--GRAND CANYON BISON MANAGEMENT ACT
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Grand Canyon Bison Management Act''.
SEC. 1602. DEFINITIONS.
In this title:
(1) Management plan.--The term ``management plan'' means the
management plan published under section 1603(a).
(2) Park.--The term ``Park'' means the Grand Canyon National
Park.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Skilled public volunteer.--The term ``skilled public
volunteer'' means an individual who possesses--
(A) a valid hunting license issued by the State of
Arizona; and
(B) such other qualifications as the Secretary may
require, after consultation with the Arizona Game and
Fish Commission.
SEC. 1603. BISON MANAGEMENT PLAN FOR GRAND CANYON NATIONAL PARK.
(a) Publication of Plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish a management plan to
reduce, through humane lethal culling by skilled public volunteers and
by other nonlethal means, the population of bison in the Park that the
Secretary determines are detrimental to the use of the Park.
(b) Removal of Animal.--Notwithstanding any other provision of law, a
skilled public volunteer may remove a full bison harvested from the
Park.
(c) Coordination.--The Secretary shall coordinate with the Arizona
Game and Fish Commission regarding the development and implementation
of the management plan.
(d) NEPA Compliance.--In developing the management plan, the
Secretary shall comply with all applicable Federal environmental laws
(including regulations), including the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(e) Limitation.--Nothing in this title applies to the taking of
wildlife in the Park for any purpose other than the implementation of
the management plan.
Purpose of the Bill
The purpose of H.R. 2406 is to protect and enhance
opportunities for recreational hunting, fishing and shooting.
Background and Need for Legislation
H.R. 2406, the Sportsmen's Heritage and Recreational
Enhancement Act of 2015 (SHARE Act), as amended, aims to
protect Second Amendment rights and ensure that future
generations of Americans will have ample access to federal
lands to hunt, fish, and recreationally shoot. Reliable access
is necessary to sustain our nation's rich outdoor sporting
tradition heritage and benefits the men and women that make up
the industries that support it. Outdoor sporting activities,
including hunting, fishing and recreational shooting, are
deeply engrained in the fabric of America's culture and
heritage. Much of this activity occurs on America's federal
lands. Federal agencies often prevent or impede access to
federal lands for hunting, fishing, and recreational shooting
that should otherwise be available for those activities. Since
lack of access is one of the key reasons why sportsmen and
women may stop participating in traditional outdoor sporting
activities, ensuring that the public has reliable access to our
nation's federal lands must remain a priority.
The SHARE Act includes many provisions to accomplish these
goals. First, it implements an ``open until closed'' management
policy on federal lands to facilitate sustained access for
hunting, fishing, and recreational shooting and protects
sportsmen and women from arbitrary efforts by the federal
government to close lands to those activities. However, it does
not prioritize hunting and fishing over other multiple uses of
federal lands. The bill also requires federal agencies to
consider the use of volunteers from the hunting community to
cull excess animals on federal lands; prevents the Departments
of the Interior and Commerce from restricting recreational or
commercial fishing access on marine waters without coordination
with and approval of the applicable State or territory;
prevents U.S. Forest Service restrictions on hunting, fishing,
and shooting in certain National Forests in Arkansas,
Louisiana, and Mississippi; creates a new cost structure for
small film crews operating on federal lands; adjusts funding
limitations to make more funds available to States to establish
and maintain recreational shooting ranges; authorizes bows and
crossbows to be lawfully transported on National Park System
lands with certain restrictions; and allows the National Park
Service to establish hunter access corridors through National
Park System units that are used to access adjacent federal land
that is open to hunting. The bill also reauthorizes and amends
the Federal Land Transaction Facilitation Act by emphasizing
the acquisition of parcels that provide recreational access and
providing federal agencies with the option to use funds
generated by land sales for deferred maintenance activities, in
addition to the purchase of land.
The bill also protects Second Amendment rights and the use
of traditional ammunition and fishing tackle. It protects
individuals' Constitutional right to bear arms on lands owned
by the U.S. Army Corps of Engineers. Congress passed
legislation allowing citizens to exercise this right on
National Park and other federal lands, but did not address
lands owned by the Corps. The bill also protects the use of
traditional ammunition and fishing tackle by reiterating and
clarifying existing law that clearly limits the Environmental
Protection Agency's authority to regulate those components
under the Toxic Substances Control Act. It also prevents
certain federal agencies from regulating the use of ammunition
and fishing tackle based on lead content, but retains the
existing prohibition of lead used in waterfowl hunting.
Finally, the bill prevents the regulation of lawfully
possessed ivory products and eliminates red tape associated
with the importation of hunting trophies. The bill prevents the
U.S. Fish and Wildlife Service from implementing onerous rules
banning the domestic sale and trade of lawfully possessed ivory
products, including musical instruments, firearms, and antiques
that include ivory, and ensures that sport-hunted elephant
trophies can be legally imported from countries with
sustainable elephant populations. It also allows for the
importation of certain already legally-taken polar bear hunting
trophies that, through no fault of sportsmen or women, have
become trapped in bureaucratic red tape. However, the bill does
not open the door to future imports.
Committee Action
H.R. 2406 was introduced on May 19, 2015, by Congressman
Robert J. Wittman (R-VA). The bill was referred to the
Committee on Natural Resources, and in addition to the
Committees on Agriculture, Energy and Commerce, Transportation
and Infrastructure, and the Judiciary. Within the Natural
Resources Committee, the bill was referred to the Subcommittee
on Federal Lands and the Subcommittee on Water, Power and
Oceans. On October 7, 2015, the Natural Resources Committee met
to consider the bill. The Subcommittees were discharged by
unanimous consent. Congressman Robert Wittman offered an
amendment in the nature of a substitute (ANS). Congressman Paul
A. Gosar (R-AZ) offered amendment designated .134 to the ANS;
it was adopted by voice vote. Congresswoman Amata Coleman
Radewagen (R-AS) offered an amendment designated #1 to the ANS;
it was adopted by a roll call vote of 20 to 15, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Raul M. Grijalva (D-AZ) offered an amendment designated
.073 to the ANS; it was not adopted by a roll call vote of 15
to 22, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Jared Huffman (D-CA) offered an amendment
designated .109 to the ANS; it was not adopted by a roll call
vote of 16 to 22, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman John Fleming (R-LA) and Congressman Bruce
Westerman (R-AR) offered an amendment designated .047 to the
ANS; it was adopted by voice vote. Congressman Donald S. Beyer,
Jr. (D-VA) offered an amendment designated .036 to the ANS; it
was not adopted by a roll call vote of 15 to 21, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
No further amendments were offered and the Wittman ANS, as
amended, was adopted by a roll call vote of 21 to 15, as
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2406, as amended, was adopted and ordered favorably
reported to the House of Representatives on October 8, 2015, by
a roll call vote of 21 to 15, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 2406--SHARE Act
Summary: H.R. 2406 would amend existing laws and establish
new laws related to the management of federal lands. It would
authorize the sale of certain federal land and permit the
receipts from those sales to be spent. The bill also would
authorize the appropriation of $5 million a year to enforce
laws related to the illegal trading of ivory. Based on
information provided by the affected agencies, CBO estimates
that implementing the legislation would cost $24 million over
the 2016-2020 period and $1 million after 2020, assuming
appropriation of the authorized and necessary amounts.
Because CBO estimates that enacting the bill would affect
direct spending, pay-as-you-go procedures apply. However, CBO
estimates that the net effect on direct spending would be
negligible over the 2016-2025 period. Enacting H.R. 2406 would
not affect revenues. CBO also estimates that enacting H.R. 2406
would not increase net direct spending or on-budget deficits in
any of the four consecutive 10-year periods beginning in 2026.
H.R. 2406 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would benefit
state agencies by lowering the matching requirement for federal
grants that support public shooting ranges. Any costs incurred
by those entities would be incurred voluntarily.
H.R. 2406 would impose a private-sector mandate, as defined
in UMRA, by eliminating an individual's existing right to seek
compensation for damages occurring at some public target
ranges. Based on information from the Department of the
Interior, CBO estimates that the cost of the mandate would be
small and fall well below the annual threshold established in
UMRA for private-sector mandates ($154 million in 2015,
adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 2406 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016-2020 2016-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Proceeds from Sale of Property:a
Estimated Budget Authority.................... -2 -3 -4 -5 -6 -8 -8 0 0 0 -20 -36
Estimated Outlays............................. -2 -3 -4 -5 -6 -8 -8 0 0 0 -20 -36
Spending of Sales Proceeds:
Estimated Budget Authority.................... 3 4 5 6 7 9 9 0 0 0 25 43
Estimated Outlays............................. 2 3 4 5 6 7 9 0 0 0 20 36
Total Changes:
Estimated Budget Authority................ 1 1 1 1 1 1 1 0 0 0 5 7
Estimated Outlays......................... * * * * * -1 1 0 0 0 * 0
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level..................... 5 5 5 5 5 * * * * * 25 25
Estimated Outlays................................. 4 5 5 5 5 1 * * * * 24 25
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Components may not sum to totals because of rounding; *= between -$500,000 and $500,000.
aThe amounts of sale proceeds shown in the table reflect expected increases in collections under H.R. 2406. In addition to those amounts, CBO estimates
that the Bureau of Land Management will collect $10 million over the 2016-2025 period from land sales under current law.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2016 and that the necessary
amounts will be appropriated for each fiscal year.
Direct spending
CBO estimates that enacting H.R. 2406 would have a
negligible effect on direct spending over the 2016-2025 period.
Title IX, which would reauthorize the Federal Land Transaction
Facilitation Act (FLTFA) through July 25, 2022, would increase
offsetting receipts from land sales and associated direct
spending by $36 million over the 2016-2022 period. On balance,
title IX would have no net effect on direct spending over that
period. Other provisions in the bill would have a negligible
effect on direct spending.
Federal Land Transaction Facilitation Act. Title IX would
reauthorize FLTFA and allow certain federal agencies to spend,
without further appropriation, proceeds from the sale of land
administered by the Bureau of Land Management (BLM) to purchase
inholdings (privately held land surrounded by federal land).
Based on information from BLM, CBO estimates that enacting
title IX would increase both the proceeds from the sale of
federal property and the spending of those proceeds. On
balance, CBO estimates that enacting title IX would have no net
effect on direct spending over the 2016-2022 period.
Under current law, proceeds from the sale of BLM land are
deposited in the Treasury as offsetting receipts. CBO estimates
that such proceeds will total $7 million over the 2016-2022
period and are not available to be spent without appropriation.
Because, under the bill, BLM could spend those proceeds to pay
for administrative costs associated with other land sales, CBO
estimates that enacting the legislation would lead to more
sales, and that collections would increase by $36 million over
that period. Under the bill, we estimate that new spending
authority from the proceeds of the sale of BLM land would total
around $43 million over 2016-2022 period.
CBO estimates that annual proceeds from the sale of BLM
land over the next 7 years would be lower (on average) than
historical collections under FLTFA, which expired in 2011. Over
the 2001-2011 period, proceeds under the program totaled
roughly $120 million. Most of those collections were generated
by sales near urban areas in Nevada and Arizona in 2006 and
2007. Because the amount of future proceeds would be related to
housing market conditions in those areas, we expect that total
proceeds in the future would be lower, although they would
increase annually through 2022 as additional sales take place
near those urban areas.
Title IX also would authorize four land-management agencies
(BLM, the U.S. Fish and Wildlife Service, the National Park
Service, and the Forest Service) to spend without further
appropriation proceeds from the sale of BLM land, including
amounts expected to be collected under current law. Thus, CBO
estimates that enacting title IX would increase direct spending
over the 2016-2022 period. Based on the historical rate of
spending for FLTFA program and for other federal land
acquisition activities, CBO expects that those agencies would
spend $36 million over the 2016-2022 period. As a result, CBO
estimates that enacting title IX would have no net effect on
direct spending over that period.
Interest Earned on Amounts in the Wildlife Restoration Fund
(WRF). Title XII would amend current law to change how interest
earned on amounts in the WRF could be spent but not the amounts
available to be spent. Because the amounts available to be
spent would not be affected, CBO estimates that enacting title
XII would have a negligible net effect on direct spending.
Fees for Commercial Filming Activities. Title XIII would
require the Secretaries of Agriculture and the Interior to
charge a permit fee of $200 a year for crews of five persons or
fewer that conduct commercial filming activities on certain
federal lands. Under current law, some of the affected agencies
collect fees for those activities to recover any costs the
agencies incur in administering such activities. Those agencies
are authorized to spend the collections without further
appropriation. CBO expects that, under the bill, certain film
crews would pay less than the amounts required under current
law and others would pay more. However, because the affected
agencies would have the authority to spend any proceeds from
fees established under the bill, we estimate that enacting
title XIII would have a negligible effect on net direct
spending.
Spending subject to appropriation
Title X would amend and reauthorize the African Elephant
Conservation Act. The bill would authorize the appropriation of
$5 million a year over the 2016-2020 period for the Fish and
Wildlife Service to enforce laws aimed at preventing the
illegal trading of ivory. The bill would authorize the
Secretary of the Interior to station law enforcement officers
in African countries with elephant populations and to identify
countries where illegal ivory trade is occurring. Assuming
appropriation of the authorized amounts, CBO estimates that
implementing title X would cost $24 million over the 2016-2020
period and $1 million after 2020.
H.R. 2406 also contains provisions that would affect the
possession, transport, and use of certain hunting and fishing
equipment on federal lands, impose certain reporting
requirements, and allow for the importation of certain polar
bear remains. Based on information provided by the affected
agencies, CBO expects that many of those provisions would have
little or no effect on the agencies' activities relative to
current law. Thus, we estimate that implementing those
provisions would have an insignificant effect on the federal
budget.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 2406, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON OCTOBER 16, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2016-2020 2016-2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go........................... 0 0 0 0 0 0 -1 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long term direct spending and deficits: CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
Estimated impact on state, local, and tribal governments:
H.R. 2406 contains no intergovernmental mandates as defined in
UMRA and would benefit state agencies by lowering the matching
requirement for federal grants that support public shooting
ranges. Any costs incurred by those entities would be incurred
voluntarily.
Estimated impact on the private sector: The bill would
impose a private-sector mandate as defined in UMRA by
eliminating an individual's existing right to seek compensation
from the federal government for damages occurring at a public
target range supported by federal funds. The cost of the
mandate would be the forgone value of awards and settlements in
such claims. Information from the Department of the Interior
indicates that few, if any, of those types of lawsuits are
brought against the U.S. government. Because such claims would
probably continue to be uncommon, CBO estimates that the cost
of the mandate would be small and fall well below the annual
threshold established in UMRA for private-sector mandates ($154
million in 2015, adjusted annually for inflation).
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, credit authority, or an increase or decrease in
revenues or tax expenditures. According to the Congressional
Budget Office (CBO), implementation of this bill would cost $24
million over 2016-2010, and $1 million after 2020, subject to
appropriation. In addition, CBO estimates the net effect on
direct spending would be negligible for 2016-2025.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to protect and enhance opportunites
for recreational hunting, fishing and shooting.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance with H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TOXIC SUBSTANCES CONTROL ACT
TITLE I--CONTROL OF TOXIC SUBSTANCES
* * * * * * *
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Administrator'' means the Administrator of the
Environmental Protection Agency.
(2)(A) Except as provided in subparagraph (B), the term
``chemical substance'' means any organic or inorganic substance
of a particular molecular identity, including--
(i) any combination of such substances occurring in
whole or in part as a result of a chemical reaction or
occurring in nature, and
(ii) any element or uncombined radical.
(B) Such term does not include--
(i) any mixture,
(ii) any pesticide (as defined in the Federal
Insecticide, Fungicide, and Rodenticide Act) when
manufactured, processed, or distributed in commerce for
use as a pesticide,
(iii) tobacco or any tobacco product,
(iv) any source material, special nuclear material,
or byproduct material (as such terms are defined in the
Atomic Energy Act of 1954 and regulations issued under
such Act),
(v) any article the sale of which is subject to the
tax imposed by section 4181 of the Internal Revenue
Code of 1954 (determined without regard to any
exemptions from such tax provided by section 4182 or
4221 or any other provision of such Code)[, and], or
any component of any such article including, without
limitation, shot, bullets and other projectiles,
propellants, and primers,
(vi) any food, food additive, drug, cosmetic, or
device (as such terms are defined in section 201 of the
Federal Food, Drug, and Cosmetic Act) when
manufactured, processed, or distributed in commerce for
use as a food, food additive, drug, cosmetic, or
device[.], and
(vii) any sport fishing equipment (as such term is
defined in subsection (a) of section 4162 of the
Internal Revenue Code of 1986) the sale of which is
subject to the tax imposed by section 4161(a) of such
Code (determined without regard to any exemptions from
such tax as provided by section 4162 or 4221 or any
other provision of such Code), and sport fishing
equipment components.
The term ``food'' as used in clause (vi) of this subparagraph
includes poultry and poultry products (as defined in sections
4(e) and 4(f) of the Poultry Products Inspection Act), meat and
meat food products (as defined in section 1(j) of the Federal
Meat Inspection Act), and eggs and egg products (as defined in
section 4 of the Egg Products Inspection Act).
(3) The term ``commerce'' means trade, traffic,
transportation, or other commerce (A) between a place in a
State and any place outside of such State, or (B) which affects
trade, traffic, transportation, or commerce described in clause
(A).
(4) The terms ``distribute in commerce'' and ``distribution
in commerce'' when used to describe an action taken with
respect to a chemical substance or mixture or article
containing a substance or mixture mean to sell, or the sale of,
the substance, mixture, or article in commerce; to introduce or
deliver for introduction into commerce, or the introduction or
delivery for introduction into commerce of, the substance,
mixture, or article; or to hold, or the holding of, the
substance, mixture, or article after its introduction into
commerce.
(5) The term ``environment'' includes water, air, and land
and the interrelationship which exists among and between water,
air, and land and all living things.
(6) The term ``health and safety study'' means any study of
any effect of a chemical substance or mixture on health or the
environment or on both, including underlying data and
epidemiological studies, studies of occupational exposure to a
chemical substance or mixture, toxicological, clinical, and
ecological studies of a chemical substance or mixture, and any
test performed pursuant to this Act.
(7) The term ``manufacture'' means to import into the customs
territory of the United States (as defined in general note 2 of
the Harmonized Tariff Schedules of the United States), produce,
or manufacture.
(8) The term ``mixture'' means any combination of two or more
chemical substances if the combination does not occur in nature
and is not, in whole or in part, the result of a chemical
reaction; except that such term does include any combination
which occurs, in whole or in part, as a result of a chemical
reaction if none of the chemical substances comprising the
combination is a new chemical substance and if the combination
could have been manufactured for commercial purposes without a
chemical reaction at the time the chemical substances
comprising the combination were combined.
(9) The term ``new chemical substance'' means any chemical
substance which is not included in the chemical substance list
compiled and published under section 8(b).
(10) The term ``process'' means the preparation of a chemical
substance or mixture, after its manufacture, for distribution
in commerce--
(A) in the same form or physical state as, or in a
different form or physical state from, that in which it
was received by the person so preparing such substance
or mixture, or
(B) as part of an article containing the chemical
substance or mixture.
(11) The term ``processor'' means any person who processes a
chemical substance or mixture.
(12) The term ``standards for the development of test data''
means a prescription of--
(A) the--
(i) health and environmental effects, and
(ii) information relating to toxicity,
persistence, and other characteristics which
affect health and the environment,
for which test data for a chemical substance or mixture
are to be developed and any analysis that is to be
performed on such data, and
(B) to the extent necessary to assure that data
respecting such effects and characteristics are
reliable and adequate--
(i) the manner in which such data are to be
developed,
(ii) the specification of any test protocol
or methodology to be employed in the
development of such data, and
(iii) such other requirements as are
necessary to provide such assurance.
(13) The term ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, the Canal Zone, American Samoa, the
Northern Mariana Islands, or any other territory or possession
of the United States.
(14) The term ``United States'', when used in the geographic
sense, means all of the States.
* * * * * * *
----------
PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT
* * * * * * *
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``conservation'' means the use of
methods and procedures necessary or desirable to
sustain healthy populations of wildlife, including all
activities associated with scientific resources
management such as research, census, monitoring of
populations, acquisition, improvement and management of
habitat, live trapping and transplantation, wildlife
damage management, and periodic or total protection of
a species or population, as well as the taking of
individuals within wildlife stock or population if
permitted by applicable State and Federal law;
(2) the term ``public target range'' means a specific
location that--
(A) is identified by a governmental agency
for recreational shooting;
(B) is open to the public;
(C) may be supervised; and
(D) may accommodate archery or rifle, pistol,
or shotgun shooting;
[(2)] (3) the term ``Secretary'' means the Secretary
of the Interior;
[(3)] (4) the term ``State fish and game department''
or ``State fish and wildlife department'' means any
department or division of department of another name,
or commission, or official or officials, of a State
empowered under its laws to exercise the functions
ordinarily exercised by a State fish and game
department or State fish and wildlife department.
[(4)] (5) the term ``wildlife'' means any species of
wild, free-ranging fauna including fish, and also fauna
in captive breeding programs the object of which is to
reintroduce individuals of a depleted indigenous
species into previously occupied range;
[(5)] (6) the term ``wildlife-associated recreation''
means projects intended to meet the demand for outdoor
activities associated with wildlife including, but not
limited to, hunting and fishing, wildlife observation
and photography, such projects as construction or
restoration of wildlife viewing areas, observation
towers, blinds, platforms, land and water trails, water
access, field trialing, trail heads, and access for
such projects;
[(6)] (7) the term ``wildlife conservation and
restoration program'' means a program developed by a
State fish and wildlife department and approved by the
Secretary under section 304(d), the projects that
constitute such a program, which may be implemented in
whole or part through grants and contracts by a State
to other State, Federal, or local agencies (including
those that gather, evaluate, and disseminate
information on wildlife and their habitats), wildlife
conservation organizations, and outdoor recreation and
conservation education entities from funds apportioned
under this title, and maintenance of such projects;
[(7)] (8) the term ``wildlife conservation
education'' means projects, including public outreach,
intended to foster responsible natural resource
stewardship; and
[(8)] (9) the term ``wildlife-restoration project''
includes the wildlife conservation and restoration
program and means the selection, restoration,
rehabilitation, and improvement of areas of land or
water adaptable as feeding, resting, or breeding places
for wildlife, including acquisition of such areas or
estates or interests therein as are suitable or capable
of being made suitable therefor, and the construction
thereon or therein of such works as may be necessary to
make them available for such purposes and also
including such research into problems of wildlife
management as may be necessary to efficient
administration affecting wildlife resources, and such
preliminary or incidental costs and expenses as may be
incurred in and about such projects.
Sec. 3. (a)(1) An amount equal to all revenues accruing each
fiscal year (beginning with the fiscal year 1975) from any tax
imposed on specified articles by sections 4161(b) and 4181 of
the Internal Revenue Code of 1986 (26 U.S.C. 4161(b), 4181)
shall, subject to the exemptions in section 4182 of such Code,
be covered into the Federal aid to wildlife restoration fund in
the Treasury (hereinafter referred to as the ``fund'') and is
authorized to be appropriated and made available until expended
to carry out the purposes of this Act. So much of such
appropriation apportioned to any State for any fiscal year as
remains unexpended at the close thereof is authorized to be
made available for expenditure in that State until the close of
the succeeding fiscal year. Any amount apportioned to any State
under the provisions of this Act which is unexpended or
unobligated at the end of the period during which it is
available for expenditure on any project is authorized to be
made available for expenditure by the Secretary of Agriculture
in carrying out the provisions of the Migratory Bird
Conservation Act.
(2) There is established in the Federal aid to
wildlife restoration fund a subaccount to be known as
the ``Wildlife Conservation and Restoration Account''.
There are authorized to be appropriated for the
purposes of the Wildlife Conservation and Restoration
Account $50,000,000 in fiscal year 2001 for
apportionment in accordance with this Act to carry out
State wildlife conservation and restoration programs.
Further, interest on amounts transferred shall be
treated in a manner consistent with 16 U.S.C.
669(b)(1)).
(b)(1) The Secretary of the Treasury shall invest in
interest-bearing obligations of the United States such portion
of the fund as is not, in his judgment, required for meeting a
current year's withdrawals. For purposes of such investment,
the Secretary of the Treasury may--
(A) acquire obligations at the issue price and
purchase outstanding obligations at the market price;
and
(B) sell obligations held in the fund at the market
price.
(2) The interest on obligations held in the fund--
(A) shall be credited to the fund;
(B) constitute the sums available for allocation by
the Secretary under section 8 of the North American
Wetlands Conservation Act; and
(C) shall become available for apportionment under
this Act at the beginning of fiscal year [2016] 2026.
(c)(1) Amounts transferred to the Wildlife Conservation and
Restoration Account shall supplement, but not replace, existing
funds available to the States from the sport fish restoration
account and wildlife restoration account and shall be used for
the development, revision, and implementation of wildlife
conservation and restoration programs and should be used to
address the unmet needs for a diverse array of wildlife and
associated habitats, including species that are not hunted or
fished, for wildlife conservation, wildlife conservation
education, and wildlife-associated recreation projects. Such
funds may be used for new programs and projects as well as to
enhance existing programs and projects.
(2) Funds may be used by a State or an Indian tribe for the
planning and implementation of its wildlife conservation and
restoration program and wildlife conservation strategy, as
provided in sections 4(d) and (e) of this Act, including
wildlife conservation, wildlife conservation education, and
wildlife-associated recreation projects. Such funds may be used
for new programs and projects as well as to enhance existing
programs and projects.
(3) Priority for funding from the Wildlife Conservation and
Restoration Account shall be for those species with the
greatest conservation need as defined by the State wildlife
conservation and restoration program.
(d) Notwithstanding subsections (a) and (b) of this section,
with respect to amounts transferred to the Wildlife
Conservation and Restoration Account, so much of such amounts
apportioned to any State for any fiscal year as remains
unexpended at the close thereof shall remain available for
obligation in that State until the close of the second
succeeding fiscal year.
* * * * * * *
Sec. 8. (a) Maintenance of wildlife-restoration projects
established under the provisions of this Act shall be the duty
of the State in accordance with their respective laws.
Beginning July 1, 1945, the term ``wildlife-restoration
project'', as defined in section 2 of this Act, shall include
maintenance of completed projects. Notwithstanding any other
provisions of this Act, funds apportioned to a State under this
Act may be expended by the State for management (exclusive of
law enforcement and public relations) of wildlife areas and
resources. Funds from the Wildlife Conservation and Restoration
Account may be used for a wildlife conservation education
program, except that no such funds may be used for education
efforts, projects, or programs that promote or encourage
opposition to the regulated taking of wildlife.
[(b) Each State] (b) Expenditures for Management of Wildlife
Areas and Resources._
(1) In general._Except as provided in paragraph (2),
each State may use the funds apportioned to it under
section 4(c) to pay up to 75 per centum of the costs of
a hunter safety program and the [construction,
operation,] operation and maintenance of public target
ranges, as a part of such program. [The non-Federal
share]
(2) Exception._Notwithstanding the limitation
described in paragraph (1), a State may pay up to 90
percent of the cost of acquiring land for, expanding,
or constructing a public target range.
(3) Non-federal share._The non-Federal share of such
costs may be derived from license fees paid by hunters,
but not from other Federal grant programs. [The
Secretary]
(4) Regulations._The Secretary shall issue not later
than the 120th day after the effective date of this
subsection such regulations as he deems advisable
relative to the criteria for the establishment of
hunter safety programs and public target ranges under
this subsection.
* * * * * * *
SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.
(a) In General.--
(1) Grants.--Of the revenues covered into the fund,
$7,500,000 for each of fiscal years 2001 and 2002, and
$8,000,000 for fiscal year 2003 and each fiscal year
thereafter, shall be apportioned among the States in
the manner specified in section 4(c) by the Secretary
of the Interior and used to make grants to the States
to be used for--
(A) in the case of a State that has not used
all of the funds apportioned to the State under
section 4(c) for the fiscal year in the manner
described in section 8(b)--
(i) the enhancement of hunter
education programs, hunter and sporting
firearm safety programs, and hunter
development programs;
(ii) the enhancement of interstate
coordination and development of hunter
education and shooting range programs;
(iii) the enhancement of bow hunter
and archery education, safety, and
development programs; and
(iv) the enhancement of construction
or development of firearm shooting
ranges and archery ranges, and the
updating of safety features of firearm
shooting ranges and archery ranges; and
(B) in the case of a State that has used all
of the funds apportioned to the State under
section 4(c) for the fiscal year in the manner
described in section 8(b), any use authorized
by this Act (including hunter safety programs
and the construction, operation, and
maintenance of public target ranges).
(2) Limitation on use.--Under paragraph (1), a State
shall not be required to use more than the amount
described in section 8(b) for hunter safety programs
and the construction, operation, and maintenance of
public target ranges.
(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under
section 4(b), the State may elect to allocate not more
than 10 percent, to be combined with the amount
apportioned to the State under paragraph (1) for that
fiscal year, for acquiring land for, expanding, or
constructing a public target range.
[(b) Cost Sharing.--The Federal share of the cost of any
activity carried out with a grant under this section shall not
exceed 75 percent of the total cost of the activity.]
(b) Cost Sharing.--
(1) In general.--Except as provided in paragraph (2),
the Federal share of the cost of any activity carried
out using a grant under this section shall not exceed
75 percent of the total cost of the activity.
(2) Public target range construction or expansion.--
The Federal share of the cost of acquiring land for,
expanding, or constructing a public target range in a
State on Federal or non-Federal land pursuant to this
section or section 8(b) shall not exceed 90 percent of
the cost of the activity.
(c) Period of Availability; Reapportionment.--
(1) Period of availability.--[Amounts made]
(A) In general._Except as provided in
subparagraph (B), amounts made available and
apportioned for grants under this section shall
remain available only for the fiscal year for
which the amounts are apportioned.
(B) Exception.--Amounts provided for
acquiring land for, constructing, or expanding
a public target range shall remain available
for expenditure and obligation during the 5-
fiscal-year period beginning on October 1 of
the first fiscal year for which the amounts are
made available.
(2) Reapportionment.--At the end of the period of
availability under paragraph (1), the Secretary of the
Interior shall apportion amounts made available that
have not been used to make grants under this section
among the States described in subsection (a)(1)(B) for
use by those States in accordance with this Act.
* * * * * * *
----------
MARINE MAMMAL PROTECTION ACT OF 1972
* * * * * * *
TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS
* * * * * * *
Permits
Sec. 104. (a) The Secretary may issue permits which authorize
the taking or importation of any marine mammal. Permits for the
incidental taking of marine mammals in the course of commercial
fishing operations may only be issued as specifically provided
for in sections 101(a)(5) or 306, or subsection (h) of this
section.
(b) Any permit issued under this section shall--
(1) be consistent with any applicable regulation
established by the Secretary under section 103 of this
title, and
(2) specify
(A) the number and kind of animals which are
authorized to be taken or imported,
(B) the location and manner (which manner
must be determined by the Secretary to be
humane) in which they may be taken, or from
which they may be imported,
(C) the period during which the permit is
valid, and
(D) any other terms or conditions which the
Secretary deems appropriate.
In any case in which an application for a permit cites as a
reason for the proposed taking the overpopulation of a
particular species or population stock, the Secretary shall
first consider whether or not it would be more desirable to
transplant a number of animals (but not to exceed the number
requested for taking in the application) of that species or
stock to a location not then inhabited by such species or stock
but previously inhabited by such species or stock.
(c)(1) Any permit issued by the Secretary which authorizes
the taking or importation of a marine mammal for purposes of
scientific research, public display, or enhancing the survival
or recovery of a species or stock shall specify, in addition to
the conditions required by subsection (b) of this section, the
methods of capture, supervision, care, and transportation which
must be observed pursuant to such taking or importation. Any
person authorized to take or import a marine mammal for
purposes of scientific research, public display, or enhancing
the survival or recovery of a species or stock shall furnish to
the Secretary a report on all activities carried out by him
pursuant to that authority.
(2)(A) A permit may be issued to take or import a
marine mammal for the purpose of public display only to
a person which the Secretary determines--
(i) offers a program for education or
conservation purposes that is based on
professionally recognized standards of the
public display community;
(ii) is registered or holds a license issued
under 7 U.S.C. 2131 et seq.; and
(iii) maintains facilities for the public
display of marine mammals that are open to the
public on a regularly scheduled basis and that
access to such facilities is not limited or
restricted other than by charging of an
admission fee.
(B) A permit under this paragraph shall grant to the
person to which it is issued the right, without
obtaining any additional permit or authorization under
this Act, to--
(i) take, import, purchase, offer to
purchase, possess, or transport the marine
mammal that is the subject of the permit; and
(ii) sell, export, or otherwise transfer
possession of the marine mammal, or offer to
sell, export, or otherwise transfer possession
of the marine mammal--
(I) for the purpose of public
display, to a person that meets the
requirements of clauses (i), (ii), and
(iii) of subparagraph (A);
(II) for the purpose of scientific
research, to a person that meets the
requirements of paragraph (3); or
(III) for the purpose of enhancing
the survival or recovery of a species
or stock, to a person that meets the
requirements of paragraph (4).
(C) A person to which a marine mammal is sold or
exported or to which possession of a marine mammal is
otherwise transferred under the authority of
subparagraph (B) shall have the rights and
responsibilities described in subparagraph (B) with
respect to the marine mammal without obtaining any
additional permit or authorization under this Act. Such
responsibilities shall be limited to--
(i) for the purpose of public display, the
responsibility to meet the requirements of
clauses (i), (ii), and (iii) of subparagraph
(A),
(ii) for the purpose of scientific research,
the responsibility to meet the requirements of
paragraph (3), and
(iii) for the purpose of enhancing the
survival or recovery of a species or stock, the
responsibility to meet the requirements of
paragraph (4).
(D) If the Secretary--
(i) finds in concurrence with the Secretary
of Agriculture, that a person that holds a
permit under this paragraph for a marine
mammal, or a person exercising rights under
subparagraph (C), no longer meets the
requirements of subparagraph (A)(ii) and is not
reasonably likely to meet those requirements in
the near future, or
(ii) finds that a person that holds a permit
under this paragraph for a marine mammal, or a
person exercising rights under subparagraph
(C), no longer meets the requirements of
subparagraph (A) (i) or (iii) and is not
reasonably likely to meet those requirements in
the near future,
the Secretary may revoke the permit in accordance with
section 104(e), seize the marine mammal, or cooperate
with other persons authorized to hold marine mammals
under this Act for disposition of the marine mammal.
The Secretary may recover from the person expenses
incurred by the Secretary for that seizure.
(E) No marine mammal held pursuant to a permit issued
under subparagraph (A), or by a person exercising
rights under subparagraph (C), may be sold, purchased,
exported, or transported unless the Secretary is
notified of such action no later than 15 days before
such action, and such action is for purposes of public
display, scientific research, or enhancing the survival
or recovery of a species or stock. The Secretary may
only require the notification to include the
information required for the inventory established
under paragraph (10).
(3)(A) The Secretary may issue a permit under this
paragraph for scientific research purposes to an
applicant which submits with its permit application
information indicating that the taking is required to
further a bona fide scientific purpose. The Secretary
may issue a permit under this paragraph before the end
of the public review and comment period required under
subsection (d)(2) if delaying issuance of the permit
could result in injury to a species, stock, or
individual, or in loss of unique research
opportunities.
(B) No permit issued for purposes of scientific
research shall authorize the lethal taking of a marine
mammal unless the applicant demonstrates that a
nonlethal method of conducting the research is not
feasible. The Secretary shall not issue a permit for
research which involves the lethal taking of a marine
mammal from a species or stock that is depleted, unless
the Secretary determines that the results of such
research will directly benefit that species or stock,
or that such research fulfills a critically important
research need.
(C) Not later than 120 days after the date of
enactment of the Marine Mammal Protection Act
Amendments of 1994, the Secretary shall issue a general
authorization and implementing regulations allowing
bona fide scientific research that may result only in
taking by Level B harassment of a marine mammal. Such
authorization shall apply to persons which submit, by
60 days before commencement of such research, a letter
of intent via certified mail to the Secretary
containing the following:
(i) The species or stocks of marine mammals
which may be harassed.
(ii) The geographic location of the research.
(iii) The period of time over which the
research will be conducted.
(iv) The purpose of the research, including a
description of how the definition of bona fide
research as established under this Act would
apply.
(v) Methods to be used to conduct the
research.
Not later than 30 days after receipt of a letter of
intent to conduct scientific research under the general
authorization, the Secretary shall issue a letter to
the applicant confirming that the general authorization
applies, or, if the proposed research is likely to
result in the taking (including Level A harassment) of
a marine mammal, shall notify the applicant that
subparagraph (A) applies.
(4)(A) A permit may be issued for enhancing the survival or
recovery of a species or stock only with respect to a species
or stock for which the Secretary, after consultation with the
Marine Mammal Commission and after notice and opportunity for
public comment, has first determined that--
(i) taking or importation is likely to contribute
significantly to maintaining or increasing distribution
or numbers necessary to ensure the survival or recovery
of the species or stock; and
(ii) taking or importation is consistent (I) with any
conservation plan adopted by the Secretary under
section 115(b) of this title or any recovery plan
developed under section 4(f) of the Endangered Species
Act of 1973 for the species or stock, or (II) if there
is no conservation or recovery plan in place, with the
Secretary's evaluation of actions required to enhance
the survival or recovery of the species or stock in
light to the factors that would be addressed in a
conservation plan or a recovery plan.
(B) A permit issued in accordance with this paragraph may
allow the captive maintenance of a marine mammal from a
depleted species or stock only if the Secretary--
(i) determines that captive maintenance is likely to
contribute to the survival or recovery of the species
or stock by maintaining a viable gene pool, increasing
productivity, providing biological information, or
establishing animal reserves;
(ii) determines that the expected benefit to the
affected species or stock outweighs the expected
benefit of alternatives which do not require removal of
animals from the wild; and
(iii) requires that the marine mammal or its progeny
be returned to the natural habitat of the species or
stock as soon as feasible, consistent with the
objectives of any applicable conservation plan or
recovery plan, or of any evaluation by the Secretary
under subparagraph (A).
The Secretary may allow the public display of such a marine
mammal only if the Secretary determines that such display is
incidental to the authorized maintenance and will not interfere
with the attainment of the survival or recovery objectives.
(5)(A) The Secretary may issue a permit for the
importation of polar bear parts (other than internal
organs) taken in sport hunts in Canada to an applicant
which submits with its permit application proof that
the polar bear was legally harvested in Canada by the
applicant. Such a permit shall be issued if the
Secretary, in consultation with the Marine Mammal
Commission and after notice and opportunity for public
comment, finds that--
(i) Canada has a monitored and enforced sport
hunting program consistent with the purposes of
the Agreement on the Conservation of Polar
Bears;
(ii) Canada has a sport hunting program based
on scientifically sound quotas ensuring the
maintenance of the affected population stock at
a sustainable level;
(iii) the export and subsequent import are
consistent with the provisions of the
Convention on International Trade in Endangered
Species of Wild Fauna and Flora and other
international agreements and conventions; and
(iv) the export and subsequent import are not
likely to contribute to illegal trade in bear
parts.
(B) The Secretary shall establish and charge a
reasonable fee for permits issued under this paragraph.
All fees collected under this paragraph shall be
available to the Secretary until expended for use in
developing and implementing cooperative research and
management programs for the conservation of polar bears
in Alaska and Russia pursuant to section 113(d).
(C)(i) The Secretary shall undertake a scientific
review of the impact of permits issued under this
paragraph on the polar bear population stocks in Canada
within 2 years after the date of enactment of this
paragraph. The Secretary shall provide an opportunity
for public comment during the course of such review,
and shall include a response to such public comment in
the final report on such review.
(ii) The Secretary shall not issue permits under this
paragraph after September 30, 1996, if the Secretary
determines, based on the scientific review, that the
issuance of permits under this paragraph is having a
significant adverse impact on the polar bear population
stocks in Canada. The Secretary may review such
determination annually thereafter, in light of the best
scientific information available, and shall complete
the review not later than January 31 in any year a
review is undertaken. The Secretary may issue permits
under this paragraph whenever the Secretary determines,
on the basis of such annual review, that the issuance
of permits under this paragraph is not having a
significant adverse impact on the polar bear population
stocks in Canada.
[(D) The Secretary of the Interior shall, expeditiously after
the expiration of the applicable 30 day period under subsection
(d)(2), issue a permit for the importation of polar bear parts
(other than internal organs) from polar bears taken in sport
hunts in Canada before the date of enactment of the Marine
Mammal Protection Act Amendments of 1994, to each applicant who
submits, with the permit application, proof that the polar bear
was legally harvested in Canada by the applicant. The Secretary
shall issue such permits without regard to the provisions of
subparagraphs (A) and (C)(ii) of this paragraph, subsection
(d)(3) of this section, and sections 101 and 102. This
subparagraph shall not apply to polar bear parts that were
imported before the effective date of this subparagraph.]
(D)(i) The Secretary of the Interior shall,
expeditiously after the expiration of the applicable
30-day period under subsection (d)(2), issue a permit
for the importation of any polar bear part (other than
an internal organ) from a polar bear taken in a sport
hunt in Canada to any person--
(I) who submits, with the permit application,
proof that the polar bear was legally harvested
by the person before February 18, 1997; or
(II) who has submitted, in support of a
permit application submitted before May 15,
2008, proof that the polar bear was legally
harvested by the person before May 15, 2008,
from a polar bear population from which a
sport-hunted trophy could be imported before
that date in accordance with section 18.30(i)
of title 50, Code of Federal Regulations.
(ii) The Secretary shall issue permits under clause
(i)(I) without regard to subparagraphs (A) and (C)(ii)
of this paragraph, subsection (d)(3), and sections 101
and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not
apply to the importation of any polar bear part
authorized by a permit issued under clause (i)(I). This
clause shall not apply to polar bear parts that were
imported before June 12, 1997.
(iii) The Secretary shall issue permits under clause
(i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B)
and 102(b)(3) shall not apply to the importation of any
polar bear part authorized by a permit issued under
clause (i)(II). This clause shall not apply to polar
bear parts that were imported before the date of
enactment of the Polar Bear Conservation and Fairness
Act of 2015.
(6) A permit may be issued for photography for
educational or commercial purposes involving marine
mammals in the wild only to an applicant which submits
with its permit application information indicating that
the taking will be limited to Level B harassment, and
the manner in which the products of such activities
will be made available to the public.
(7) Upon request by a person for a permit under
paragraph (2), (3), or (4) for a marine mammal which is
in the possession of any person authorized to possess
it under this Act and which is determined under
guidance under section 402(a) not to be releasable to
the wild, the Secretary shall issue the permit to the
person requesting the permit if that person--
(A) meets the requirements of clauses (i),
(ii), and (iii) of paragraph (2)(A), in the
case of a request for a permit under paragraph
(2);
(B) meets the requirements of paragraph (3),
in the case of a request for a permit under
that paragraph; or
(C) meets the requirements of paragraph (4),
in the case of a request for a permit under
that paragraph.
(8)(A) No additional permit or authorization shall be
required to possess, sell, purchase, transport, export,
or offer to sell or purchase the progeny of marine
mammals taken or imported under this subsection, if
such possession, sale, purchase, transport, export, or
offer to sell or purchase is--
(i) for the purpose of public display, and by
or to, respectively, a person which meets the
requirements of clauses (i), (ii), and (iii) of
paragraph (2)(A);
(ii) for the purpose of scientific research,
and by or to, respectively, a person which
meets the requirements of paragraph (3); or
(iii) for the purpose of enhancing the
survival or recovery of a species or stock, and
by or to, respectively, a person which meets
the requirements of paragraph (4).
(B)(i) A person which has a permit under paragraph
(2), or a person exercising rights under paragraph
(2)(C), which has possession of a marine mammal that
gives birth to progeny shall--
(I) notify the Secretary of the birth of such
progeny within 30 days after the date of birth;
and
(II) notify the Secretary of the sale,
purchase, or transport of such progeny no later
than 15 days before such action.
(ii) The Secretary may only require notification
under clause (i) to include the information required
for the inventory established under paragraph (10).
(C) Any progeny of a marine mammal born in captivity
before the date of the enactment of the Marine Mammal
Protection Act Amendments of 1994 and held in captivity
for the purpose of public display shall be treated as
though born after that date of enactment.
(9) No marine mammal may be exported for the purpose
of public display, scientific research, or enhancing
the survival or recovery of a species or stock unless
the receiving facility meets standards that are
comparable to the requirements that a person must meet
to receive a permit under this subsection for that
purpose.
(10) The Secretary shall establish and maintain an
inventory of all marine mammals possessed pursuant to
permits issued under paragraph (2)(A), by persons
exercising rights under paragraph (2)(C), and all
progeny of such marine mammals. The inventory shall
contain, for each marine mammal, only the following
information which shall be provided by a person holding
a marine mammal under this Act:
(A) The name of the marine mammal or other
identification.
(B) The sex of the marine mammal.
(C) The estimated or actual birth date of the
marine mammal.
(D) The date of acquisition or disposition of
the marine mammal by the permit holder.
(E) The source from whom the marine mammal
was acquired including the location of the take
from the wild, if applicable.
(F) If the marine mammal is transferred, the
name of the recipient.
(G) A notation if the animal was acquired as
the result of a stranding.
(H) The date of death of the marine mammal
and the cause of death when determined.
(d)(1) The Secretary shall prescribe such procedures as are
necessary to carry out this section, including the form and
manner in which application for permits may be made.
(2) The Secretary shall publish notice in the Federal
Register of each application made for a permit under this
section. Such notice shall invite the submission from
interested parties, within thirty days after the date of the
notice, of written data or views, with respect to the taking or
importation proposed in such application.
(3) The applicant for any permit under this section must
demonstrate to the Secretary that the taking or importation of
any marine mammal under such permit will be consistent with the
purposes of this Act and the applicable regulations established
under section 103 of this title.
(4) If within thirty days after the date of publication of
notice pursuant to paragraph (2) of this subsection with
respect to any application for a permit any interested party or
parties request a hearing in connection therewith, the
Secretary may, within sixty days following such date of
publication, afford to such party or parties an opportunity for
such a hearing.
(5) As soon as practicable (but not later than thirty days)
after the close of the hearing or, if no hearing is held, after
the last day on which data, or views, may be submitted pursuant
to paragraph (2) of this subsection, the Secretary shall (A)
issue a permit containing such terms and conditions as he deems
appropriate, or (B) shall deny issuance of a permit. Notice of
the decision of the Secretary to issue or to deny any permit
under this paragraph must be published in the Federal Register
within ten days after the date of issuance or denial.
(6) Any applicant for a permit, or any party opposed to such
permit, may obtain judicial review of the terms and conditions
of any permit issued by the Secretary under this section or of
his refusal to issue such a permit. Such review, which shall be
pursuant to chapter 7 of Title 5, United States Code, may be
initiated by filing a petition for review in the United States
district court for the district wherein the applicant for a
permit resides, or has his principal place of business, or in
the United States District Court for the District of Columbia,
within sixty days after the date on which such permit is issued
or denied.
(e)(1) The Secretary may modify, suspend, or revoke in whole
or part any permit issued by him under this section--
(A) in order to make any such permit consistent with
any change made after the date of issuance of such
permit with respect to any applicable regulation
prescribed under section 103 of this title,
(B) in any case in which a violation of the terms and
conditions of the permit is found, or
(C) if, in the case of a permit under subsection
(c)(5) authorizing importation of polar bear parts, the
Secretary, in consultation with the appropriate
authority in Canada, determines that the sustainability
of Canada's polar bear population stocks are being
adversely affected or that sport hunting may be having
a detrimental effect on maintaining polar bear
population stocks throughout their range.
(2) Whenever the Secretary shall propose any modification,
suspension, or revocation of a permit under this subsection,
the permittee shall be afforded opportunity, after due notice,
for a hearing by the Secretary with respect to such proposed
modification, suspension, or revocation. Such proposed action
by the Secretary shall not take effect until a decision is
issued by him after such hearing. Any action taken by the
Secretary after such a hearing is subject to judicial review on
the same basis as is any action taken by him with respect to a
permit application under paragraph (5) of subsection (d) of
this section.
(3) Notice of the modification, suspension, or revocation of
any permit by the Secretary shall be published in the Federal
Register within ten days from the date of the Secretary's
decision.
(f) Any permit issued under this section must be in the
possession of the person to whom it is issued (or an agent of
such person) during--
(1) the time of the authorized or taking importation;
(2) the period of any transit of such person or agent
which is incident to such taking or importation; and
(3) any other time while any marine mammal taken or
imported under such permit is in the possession of such
person or agent.
A duplicate copy of the issued permit must be physically
attached to the container, package, enclosure, or other means
of containment, in which the marine mammal is placed for
purposes of storage, transit, supervision, or care.
(g) The Secretary shall establish and charge a reasonable fee
for permits issued under this section.
(h) General Permits.--
(1) Consistent with the regulations prescribed
pursuant to section 103 of this title and to the
requirements of section 101 of this title, the
Secretary may issue an annual permit to a United States
purse seine fishing vessel for the taking of such
marine mammals, and shall issue regulations to cover
the use of any such annual permits.
(2) Such annual permits for the incidental taking of
marine mammals in the course of commercial purse seine
fishing for yellowfin tuna in the eastern tropical
Pacific Ocean shall be governed by section 306 of this
Act, subject to the regulations issued pursuant to
section 303 of this Act.
* * * * * * *
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FISH AND WILDLIFE COORDINATION ACT
* * * * * * *
SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
(a) Establishment.--There is hereby established the Wildlife
and Hunting Heritage Conservation Council Advisory Committee
(in this section referred to as the ``Advisory Committee'') to
advise the Secretaries of the Interior and Agriculture on
wildlife and habitat conservation, hunting, and recreational
shooting.
(b) Continuance and Abolishment of Existing Wildlife and
Hunting Heritage Conservation Council.--The Wildlife and
Hunting Heritage Conservation Council established pursuant to
section 441 of the Revised Statutes (43 U.S.C. 1457), section 2
of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and
other Acts applicable to specific bureaus of the Department of
the Interior--
(1) shall continue until the date of the first
meeting of the Wildlife and Hunting Heritage
Conservation Council established by the amendment made
by subsection (a); and
(2) is hereby abolished effective on that date.
(c) Duties of the Advisory Committee.--The Advisory Committee
shall advise the Secretaries with regard to--
(1) implementation of Executive Order No. 13443:
Facilitation of Hunting Heritage and Wildlife
Conservation, which directs Federal agencies ``to
facilitate the expansion and enhancement of hunting
opportunities and the management of game species and
their habitat'';
(2) policies or programs to conserve and restore
wetlands, agricultural lands, grasslands, forest, and
rangeland habitats;
(3) policies or programs to promote opportunities and
access to hunting and shooting sports on Federal lands;
(4) policies or programs to recruit and retain new
hunters and shooters;
(5) policies or programs that increase public
awareness of the importance of wildlife conservation
and the social and economic benefits of recreational
hunting and shooting; and
(6) policies or programs that encourage coordination
among the public, the hunting and shooting sports
community, wildlife conservation groups, and States,
tribes, and the Federal Government.
(d) Membership.--
(1) Appointment.--
(A) In general.--The Advisory Committee shall
consist of no more than 16 discretionary
members and 7 ex officio members.
(B) Ex officio members.--The ex officio
members are--
(i) the Director of the United States
Fish and Wildlife Service or a
designated representative of the
Director;
(ii) the Director of the Bureau of
Land Management or a designated
representative of the Director;
(iii) the Director of the National
Park Service or a designated
representative of the Director;
(iv) the Chief of the Forest Service
or a designated representative of the
Chief;
(v) the Chief of the Natural
Resources Conservation Service or a
designated representative of the Chief;
(vi) the Administrator of the Farm
Service Agency or a designated
representative of the Administrator;
and
(vii) the Executive Director of the
Association of Fish and Wildlife
Agencies.
(C) Discretionary members.--The discretionary
members shall be appointed jointly by the
Secretaries from at least one of each of the
following:
(i) State fish and wildlife agencies.
(ii) Game bird hunting organizations.
(iii) Wildlife conservation
organizations.
(iv) Big game hunting organizations.
(v) Waterfowl hunting organizations.
(vi) The tourism, outfitter, or
guiding industry.
(vii) The firearms or ammunition
manufacturing industry.
(viii) The hunting or shooting
equipment retail industry.
(ix) Tribal resource management
organizations.
(x) The agriculture industry.
(xi) The ranching industry.
(xii) Women's hunting and fishing
advocacy, outreach, or education
organization.
(xiii) Minority hunting and fishing
advocacy, outreach, or education
organization.
(xiv) Veterans service organization.
(D) Eligibility.--Prior to the appointment of
the discretionary members, the Secretaries
shall determine that all individuals nominated
for appointment to the Advisory Committee, and
the organization each individual represents,
actively support and promote sustainable-use
hunting, wildlife conservation, and
recreational shooting.
(2) Terms.--
(A) In general.--Except as provided in
subparagraph (B), members of the Advisory
Committee shall be appointed for a term of 4
years. Members shall not be appointed for more
than 3 consecutive or nonconsecutive terms.
(B) Terms of initial appointees.--As
designated by the Secretary at the time of
appointment, of the members first appointed--
(i) 6 members shall be appointed for
a term of 4 years;
(ii) 5 members shall be appointed for
a term of 3 years; and
(iii) 5 members shall be appointed
for a term of 2 years.
(3) Preservation of public advisory status.--No
individual may be appointed as a discretionary member
of the Advisory Committee while serving as an officer
or employee of the Federal Government.
(4) Vacancy and removal.--
(A) In general.--Any vacancy on the Advisory
Committee shall be filled in the manner in
which the original appointment was made.
(B) Removal.--Advisory Committee members
shall serve at the discretion of the
Secretaries and may be removed at any time for
good cause.
(5) Continuation of service.--Each appointed member
may continue to serve after the expiration of the term
of office to which such member was appointed until a
successor has been appointed.
(6) Chairperson.--The Chairperson of the Advisory
Committee shall be appointed for a 3-year term by the
Secretaries, jointly, from among the members of the
Advisory Committee. An individual may not be appointed
as Chairperson for more than 2 consecutive or
nonconsecutive terms.
(7) Pay and expenses.--Members of the Advisory
Committee shall serve without pay for such service, but
each member of the Advisory Committee may be reimbursed
for travel and lodging incurred through attending
meetings of the Advisory Committee approved subgroup
meetings in the same amounts and under the same
conditions as Federal employees (in accordance with
section 5703 of title 5, United States Code).
(8) Meetings.--
(A) In general.--The Advisory Committee shall
meet at the call of the Secretaries, the
chairperson, or a majority of the members, but
not less frequently than twice annually.
(B) Open meetings.--Each meeting of the
Advisory Committee shall be open to the public.
(C) Prior notice of meetings.--Timely notice
of each meeting of the Advisory Committee shall
be published in the Federal Register and be
submitted to trade publications and
publications of general circulation.
(D) Subgroups.--The Advisory Committee may
establish such workgroups or subgroups as it
deems necessary for the purpose of compiling
information or conducting research. However,
such workgroups may not conduct business
without the direction of the Advisory Committee
and must report in full to the Advisory
Committee.
(9) Quorum.--Nine members of the Advisory Committee
shall constitute a quorum.
(e) Expenses.--The expenses of the Advisory Committee that
the Secretaries determine to be reasonable and appropriate
shall be paid by the Secretaries.
(f) Administrative Support, Technical Services, and Advice.--
A designated Federal Officer shall be jointly appointed by the
Secretaries to provide to the Advisory Committee the
administrative support, technical services, and advice that the
Secretaries determine to be reasonable and appropriate.
(g) Annual Report.--
(1) Required.--Not later than September 30 of each
year, the Advisory Committee shall submit a report to
the Secretaries, the Committee on Natural Resources and
the Committee on Agriculture of the House of
Representatives, and the Committee on Energy and
Natural Resources and the Committee on Agriculture,
Nutrition, and Forestry of the Senate. If circumstances
arise in which the Advisory Committee cannot meet the
September 30 deadline in any year, the Secretaries
shall advise the Chairpersons of each such Committee of
the reasons for such delay and the date on which the
submission of the report is anticipated.
(2) Contents.--The report required by paragraph (1)
shall describe--
(A) the activities of the Advisory Committee
during the preceding year;
(B) the reports and recommendations made by
the Advisory Committee to the Secretaries
during the preceding year; and
(C) an accounting of actions taken by the
Secretaries as a result of the recommendations.
(h) Federal Advisory Committee Act.--The Advisory Committee
shall be exempt from the Federal Advisory Committee Act (5
U.S.C. App.).
----------
NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF 1966
* * * * * * *
Sec. 4. (a)(1) For the purpose of consolidating the
authorities relating to the various categories of areas that
are administered by the Secretary for the conservation of fish
and wildlife, including species that are threatened with
extinction, all lands, waters, and interests therein
administered by the Secretary as wildlife refuges, areas for
the protection and conservation of fish and wildlife that are
threatened with extinction, wildlife ranges, game ranges,
wildlife management areas, or waterfowl production areas are
hereby designated as the ``National Wildlife Refuge System''
(referred to herein as the ``System''), which shall be subject
to the provisions of this section, and shall be administered by
the Secretary through the United States Fish and Wildlife
Service. With respect to refuge lands in the State of Alaska,
those programs relating to the management of resources for
which any other agency of the Federal Government exercises
administrative responsibility through cooperative agreement
shall remain in effect, subject to the direct supervision of
the United States Fish and Wildlife Service, as long as such
agency agrees to exercise such responsibility.
(2) The mission of the System is to administer a national
network of lands and waters for the conservation, management,
and where appropriate, restoration of the fish, wildlife, and
plant resources and their habitats within the United States for
the benefit of present and future generations of Americans.
(3) With respect to the System, it is the policy of the
United States that--
(A) each refuge shall be managed to fulfill the
mission of the System, as well as the specific purposes
for which that refuge was established;
(B) compatible wildlife-dependent recreation is a
legitimate and appropriate general public use of the
System, directly related to the mission of the System
and the purposes of many refuges, and which generally
fosters refuge management and through which the
American public can develop an appreciation for fish
and wildlife;
(C) the Secretary shall integrate wildlife-dependent
recreational uses in accordance with their status as
priority general public uses into proposed or existing
regulations, policies, criteria, plans, or other
activities to alter or amend the manner in which
individual refuges or the National Wildlife Refuge
System (System) are managed, including, but not limited
to, any activities which target or prioritize criteria
for long and short term System acquisitions;
[(C)] (D) compatible wildlife-dependent recreational
uses are the priority general public uses of the System
and shall receive priority consideration in refuge
planning and management; and
[(D)] (E) when the Secretary determines that a
proposed wildlife-dependent recreational use is a
compatible use within a refuge, that activity should be
facilitated, subject to such restrictions or
regulations as may be necessary, reasonable, and
appropriate.
(4) In administering the System, the Secretary shall--
(A) provide for the conservation of fish, wildlife,
and plants, and their habitats within the System;
(B) ensure that the biological integrity, diversity,
and environmental health of the System are maintained
for the benefit of present and future generations of
Americans;
(C) plan and direct the continued growth of the
System in a manner that is best designed to accomplish
the mission of the System, to contribute to the
conservation of the ecosystems of the United States, to
complement efforts of States and other Federal agencies
to conserve fish and wildlife and their habitats, and
to increase support for the System and participation
from conservation partners and the public;
(D) ensure that the mission of the System described
in paragraph (2) and the purposes of each refuge are
carried out, except that if a conflict exists between
the purposes of a refuge and the mission of the System,
the conflict shall be resolved in a manner that first
protects the purposes of the refuge, and, to the extent
practicable, that also achieves the mission of the
System;
(E) ensure effective coordination, interaction, and
cooperation with owners of land adjoining refuges and
the fish and wildlife agency of the States in which the
units of the System are located;
(F) assist in the maintenance of adequate water
quantity and water quality to fulfill the mission of
the System and the purposes of each refuge;
(G) acquire, under State law, water rights that are
needed for refuge purposes;
(H) recognize compatible wildlife-dependent
recreational uses as the priority general public uses
of the System through which the American public can
develop an appreciation for fish and wildlife;
(I) ensure that opportunities are provided within the
System for compatible wildlife-dependent recreational
uses;
(J) ensure that priority general public uses of the
System receive enhanced consideration over other
general public uses in planning and management within
the System;
(K) provide increased opportunities for families to
experience compatible wildlife-dependent recreation,
particularly opportunities for parents and their
children to safely engage in traditional outdoor
activities, such as fishing and hunting;
(L) continue, consistent with existing laws and
interagency agreements, authorized or permitted uses of
units of the System by other Federal agencies,
including those necessary to facilitate military
preparedness;
(M) ensure timely and effective cooperation and
collaboration with Federal agencies and State fish and
wildlife agencies during the course of acquiring and
managing refuges; and
(N) monitor the status and trends of fish, wildlife,
and plants in each refuge.
(5) No acquired lands which are or become a part of the
System may be transferred or otherwise disposed of under any
provision of law (except by exchange pursuant to subsection
(b)(3) of this section) unless--
(A) the Secretary determines with the approval of the
Migratory Bird Conservation Commission that such lands
are no longer needed for the purposes for which the
System was established; and
(B) such lands are transferred or otherwise disposed
of for an amount not less than--
(i) the acquisition costs of such lands, in
the case of lands of the system which were
purchased by the United States with funds from
the migratory bird conservation fund, or fair
market value, whichever is greater; or
(ii) the fair market value of such lands (as
determined by the Secretary as of the date of
the transfer or disposal), in the case of lands
of the System which were donated to the System.
The Secretary shall pay into the migratory bird conservation
fund the aggregate amount of the proceeds of any transfer or
disposal referred to in the preceding sentence.
(6) Each area which is included within the System on January
1, 1975, or thereafter, and which was or is--
(A) designated as an area within such System by law,
Executive order, or secretarial order; or
(B) so included by public land withdrawal, donation,
purchase, exchange, or pursuant to a cooperative
agreement with any State or local government, any
Federal department or agency, or any other governmental
entity,
shall continue to be a part of the System until otherwise
specified by Act of Congress, except that nothing in this
paragraph shall be construed as precluding--
(i) the transfer or disposal of acquired
lands within any such area pursuant to
paragraph (5) of this subsection;
(ii) the exchange of lands within any such
area pursuant to subsection (b)(3) of this
section; or
(iii) the disposal of any lands within any
such area pursuant to the terms of any
cooperative agreement referred to in
subparagraph (B) of this paragraph.
(b) In administering the System, the Secretary is authorized
to take the following actions:
(1) Enter into contracts with any person or public or
private agency through negotiation for the provision of
public accommodations when, and in such locations, and
to the extent that the Secretary determines will not be
inconsistent with the primary purpose for which the
affected area was established.
(2) Accept donations of funds and to use such funds
to acquire or manage lands or interests therein.
(3) Acquire lands or interests therein by exchange
(A) for acquired lands or public lands, or for
interests in acquired or public lands, under his
jurisdiction which he finds to be suitable for
disposition, or (B) for the right to remove, in
accordance with such terms and conditions as he may
prescribe, products from the acquired or public lands
within the System. The values of the properties so
exchanged either shall be approximately equal, or if
they are not approximately equal the values shall be
equalized by the payment of cash to the grantor or to
the Secretary as the circumstances require.
(4) Subject to standards established by and the
overall management oversight of the Director, and
consistent with standards established by this Act, to
enter into cooperative agreements with State fish and
wildlife agencies for the management of programs on a
refuge.
(5) Issue regulations to carry out this Act.
(c) No person shall disturb, injure, cut, burn, remove,
destroy, or possess any real or personal property of the United
States, including natural growth, in any area of the System; or
take or possess any fish, bird, mammal, or other wild
vertebrate or invertebrate animals or part or nest or egg
thereof within any such area; or enter, use, or otherwise
occupy any such area for any purpose; unless such activities
are performed by persons authorized to manage such area, or
unless such activities are permitted either under subsection
(d) of this section or by express provision of the law,
proclamation, Executive order, or public land order
establishing the area, or amendment thereof: Provided, That the
United States mining and mineral leasing laws shall continue to
apply to any lands within the System to the same extent they
apply prior to the effective date of this Act unless
subsequently withdrawn under other authority of law. With the
exception of endangered species and threatened species listed
by the Secretary pursuant to section 4 of the Endangered
Species Act of 1973 in States wherein a cooperative agreement
does not exist pursuant to section 6(c) of that Act, nothing in
this Act shall be construed to authorize the Secretary to
control or regulate hunting or fishing of resident fish and
wildlife on lands not within the system. The regulations
permitting hunting and fishing of resident fish and wildlife
within the System shall be, to the extent practicable,
consistent with State fish and wildlife laws and regulations.
(d)(1) The Secretary is authorized, under such regulations as
he may prescribe, to--
(A) permit the use of any area within the System for
any purpose, including but not limited to hunting,
fishing, public recreation and accommodations, and
access whenever he determines that such uses are
compatible with the major purposes for which such areas
were established: Provided, That not to exceed 40 per
centum at any one time of any area that has been, or
hereafter may be acquired, reserved, or set apart as an
inviolate sanctuary for migratory birds, under any law,
proclamation, Executive order, or public land order may
be administered by the Secretary as an area within
which the taking of migratory game birds may be
permitted under such regulations as he may prescribe
unless the Secretary finds that the taking of any
species of migratory game birds in more than 40 percent
of such area would be beneficial to the species; and
(B) permit the use of, or grant easements in, over,
across, upon, through, or under any areas within the
System for purposes such as but not necessarily limited
to, powerlines, telephone lines, canals, ditches,
pipelines, and roads, including the construction,
operation, and maintenance thereof, whenever he
determines that such uses are compatible with the
purposes for which these areas are established.
(2) Notwithstanding any other provision of law, the Secretary
may not grant to any Federal, State, or local agency or to any
private individual or organization any right-of-way, easement,
or reservation in, over, across, through, or under any area
within the system in connection with any use permitted by him
under paragraph (1)(B) of this subsection unless the grantee
pays to the Secretary, at the option of the Secretary, either
(A) in lump sum the fair market value (determined by the
Secretary as of the date of conveyance to the grantee) of the
right-of-way, easement, or reservation; or (B) annually in
advance the fair market rental value (determined by the
Secretary) of the right-of-way, easement, or reservation. If
any Federal, State, or local agency is exempted from such
payment by any other provision of Federal law, such agency
shall otherwise compensate the Secretary by any other means
agreeable to the Secretary, including, but not limited to,
making other land available or the loan of equipment or
personnel; except that (A) any such compensation shall relate
to, and be consistent with, the objectives of the National
Wildlife Refuge System, and (B) the Secretary may waive such
requirement for compensation if he finds such requirement
impracticable or unnecessary. All sums received by the
Secretary pursuant to this paragraph shall, after payment of
any necessary expenses incurred by him in administering this
paragraph, be deposited into the Migratory Bird Conservation
Fund and shall be available to carry out the provisions for
land acquisition of the Migratory Bird Conservation Act (16
U.S.C. 715 et seq.) and the Migratory Bird Hunting Stamp Act
(16 U.S.C. 718 et seq.).
(3)(A)(i) Except as provided in clause (iv), the Secretary
shall not initiate or permit a new use of a refuge or expand,
renew, or extend an existing use of a refuge, unless the
Secretary has determined that the use is a compatible use and
that the use is not inconsistent with public safety. The
Secretary may make the determinations referred to in this
paragraph for a refuge concurrently with development of a
conservation plan under subsection (e).
(ii) On lands added to the System after March 25, 1996, the
Secretary shall identify, prior to acquisition, withdrawal,
transfer, reclassification, or donation of any such lands,
existing compatible wildlife-dependent recreational uses that
the Secretary determines shall be permitted to continue on an
interim basis pending completion of the comprehensive
conservation plan for the refuge.
(iii) Wildlife-dependent recreational uses may be authorized
on a refuge when they are compatible and not inconsistent with
public safety. Except for consideration of consistency with
State laws and regulations as provided for in subsection (m),
no other determinations or findings are required to be made by
the refuge official under this Act or the Refuge Recreation Act
for wildlife-dependent recreation to occur.
(iv) Compatibility determinations in existence on the date of
enactment of the National Wildlife Refuge System Improvement
Act of 1997 shall remain in effect until and unless modified.
(B) Not later than 24 months after the date of the enactment
of the National Wildlife Refuge System Improvement Act of 1997,
the Secretary shall issue final regulations establishing the
process for determining under subparagraph (A) whether a use of
a refuge is a compatible use. These regulations shall--
(i) designate the refuge official responsible for
making initial compatibility determinations;
(ii) require an estimate of the timeframe, location,
manner, and purpose of each use;
(iii) identify the effects of each use on refuge
resources and purposes of each refuge;
(iv) require that compatibility determinations be
made in writing;
(v) provide for the expedited consideration of uses
that will likely have no detrimental effect on the
fulfillment of the purposes of a refuge or the mission
of the System;
(vi) provide for the elimination or modification of
any use as expeditiously as practicable after a
determination is made that the use is not a compatible
use;
(vii) require, after an opportunity for public
comment, reevaluation of each existing use, other than
those uses specified in clause (viii), if conditions
under which the use is permitted change significantly
or if there is significant new information regarding
the effects of the use, but not less frequently than
once every 10 years, to ensure that the use remains a
compatible use, except that, in the case of any use
authorized for a period longer than 10 years (such as
an electric utility right-of-way), the reevaluation
required by this clause shall examine compliance with
the terms and conditions of the authorization, not
examine the authorization itself;
(viii) require, after an opportunity for public
comment, reevaluation of each compatible wildlife-
dependent recreational use when conditions under which
the use is permitted change significantly or if there
is significant new information regarding the effects of
the use, but not less frequently than in conjunction
with each preparation or revision of a conservation
plan under subsection (e) or at least every 15 years,
whichever is earlier; and
(ix) provide an opportunity for public review and
comment on each evaluation of a use, unless an
opportunity for public review and comment on the
evaluation of the use has already been provided during
the development or revision of a conservation plan for
the refuge under subsection (e) or has otherwise been
provided during routine, periodic determinations of
compatibility for wildlife-dependent recreational uses.
(4) The provisions of this Act relating to determinations of
the compatibility of a use shall not apply to--
(A) overflights above a refuge; and
(B) activities authorized, funded, or conducted by a
Federal agency (other than the United States Fish and
Wildlife Service) which has primary jurisdiction over a
refuge or a portion of a refuge, if the management of
those activities is in accordance with a memorandum of
understanding between the Secretary or the Director and
the head of the Federal agency with primary
jurisdiction over the refuge governing the use of the
refuge.
(e)(1)(A) Except with respect to refuge lands in Alaska
(which shall be governed by the refuge planning provisions of
the Alaska National Interest Lands Conservation Act (16 U.S.C.
3101 et seq.)), the Secretary shall--
(i) propose a comprehensive conservation plan for
each refuge or related complex of refuges (referred to
in this subsection as a ``planning unit'') in the
System;
(ii) publish a notice of opportunity for public
comment in the Federal Register on each proposed
conservation plan;
(iii) issue a final conservation plan for each
planning unit consistent with the provisions of this
Act and, to the extent practicable, consistent with
fish and wildlife conservation plans of the State in
which the refuge is located; and
(iv) not less frequently than 15 years after the date
of issuance of a conservation plan under clause (iii)
and every 15 years thereafter, revise the conservation
plan as may be necessary.
(B) The Secretary shall prepare a comprehensive conservation
plan under this subsection for each refuge within 15 years
after the date of enactment of the National Wildlife Refuge
System Improvement Act of 1997.
(C) The Secretary shall manage each refuge or planning unit
under plans in effect on the date of enactment of the National
Wildlife Refuge System Improvement Act of 1997, to the extent
such plans are consistent with this Act, until such plans are
revised or superseded by new comprehensive conservation plans
issued under this subsection.
(D) Uses or activities consistent with this Act may occur on
any refuge or planning unit before existing plans are revised
or new comprehensive conservation plans are issued under this
subsection.
(E) Upon completion of a comprehensive conservation plan
under this subsection for a refuge or planning unit, the
Secretary shall manage the refuge or planning unit in a manner
consistent with the plan and shall revise the plan at any time
if the Secretary determines that conditions that affect the
refuge or planning unit have changed significantly.
(2) In developing each comprehensive conservation plan under
this subsection for a planning unit, the Secretary, acting
through the Director, shall identify and describe--
(A) the purposes of each refuge comprising the
planning unit;
(B) the distribution, migration patterns, and
abundance of fish, wildlife, and plant populations and
related habitats within the planning unit;
(C) the archaeological and cultural values of the
planning unit;
(D) such areas within the planning unit that are
suitable for use as administrative sites or visitor
facilities;
(E) significant problems that may adversely affect
the populations and habitats of fish, wildlife, and
plants within the planning unit and the actions
necessary to correct or mitigate such problems; and
(F) opportunities for compatible wildlife-dependent
recreational uses.
(3) In preparing each comprehensive conservation plan under
this subsection, and any revision to such a plan, the
Secretary, acting through the Director, shall, to the maximum
extent practicable and consistent with this Act--
(A) consult with adjoining Federal, State, local, and
private landowners and affected State conservation
agencies; and
(B) coordinate the development of the conservation
plan or revision with relevant State conservation plans
for fish and wildlife and their habitats.
(4)(A) In accordance with subparagraph (B), the Secretary
shall develop and implement a process to ensure an opportunity
for active public involvement in the preparation and revision
of comprehensive conservation plans under this subsection. At a
minimum, the Secretary shall require that publication of any
final plan shall include a summary of the comments made by
States, owners of adjacent or potentially affected land, local
governments, and any other affected persons, and a statement of
the disposition of concerns expressed in those comments.
(B) Prior to the adoption of each comprehensive conservation
plan under this subsection, the Secretary shall issue public
notice of the draft proposed plan, make copies of the plan
available at the affected field and regional offices of the
United States Fish and Wildlife Service, and provide
opportunity for public comment.
(f) Penalties.--
(1) Knowing violations.--Any person who knowingly
violates or fails to comply with any of the provisions
of this Act or any regulations issued thereunder shall
be fined under title 18, United States Code, or
imprisoned for not more than 1 year, or both.
(2) Other violations.--Any person who otherwise
violates or fails to comply with any of the provisions
of this Act (including a regulation issued under this
Act) shall be fined under title 18, United States Code,
or imprisoned not more than 180 days, or both.
(g) Any person authorized by the Secretary to enforce the
provisions of this Act or any regulations issued thereunder,
may, without a warrant, arrest any person violating this Act or
regulations in his presence or view, and may execute any
warrant or other process issued by an officer or court of
competent jurisdiction to enforce the provisions of this Act or
regulations, and may with a search warrant search for and seize
any property, fish, bird, mammal, or other wild vertebrate or
invertebrate animals or part or nest or egg thereof, taken or
possessed in violation of this Act or the regulations issued
thereunder. Any property, fish, bird, mammal, or other wild
vertebrate or invertebrate animals or part or egg thereof
seized with or without a search warrant shall be held by such
person or by a United States marshal, and upon conviction,
shall be forfeited to the United States and disposed of by the
Secretary, in accordance with law. The Director of the United
States Fish and Wildlife Service is authorized to utilize by
agreement, with or without reimbursement, the personnel and
services of any other Federal or State agency for purposes of
enhancing the enforcement of this Act.
(h) Regulations applicable to areas of the System that are in
effect on the date of enactment of this Act shall continue in
effect until modified or rescinded.
(i) Nothing in this section shall be construed to amend,
repeal, or otherwise modify the provision of the Act of
September 28, 1962 (76 Stat. 653; 16 U.S.C. 460K--460K-4) which
authorizes the Secretary to administer the areas within the
System for public recreation. The provisions of this section
relating to recreation shall be administered in accordance with
the provisions of said Act.
(j) Nothing in this Act shall constitute an express or
implied claim or denial on the part of the Federal Government
as to exemption from State water laws.
(k) Notwithstanding any other provision of this Act, the
Secretary may temporarily suspend, allow, or initiate any
activity in a refuge in the System if the Secretary determines
it is necessary to protect the health and safety of the public
or any fish or wildlife population.
(l) Nothing in this Act shall be construed to authorize the
Secretary to control or regulate hunting or fishing of fish and
resident wildlife on lands or waters that are not within the
System.
(m) Nothing in this Act shall be construed as affecting the
authority, jurisdiction, or responsibility of the several
States to manage, control, or regulate fish and resident
wildlife under State law or regulations in any area within the
System. Regulations permitting hunting or fishing of fish and
resident wildlife within the System shall be, to the extent
practicable, consistent with State fish and wildlife laws,
regulations, and management plans.
(n)(1) Nothing in this Act shall--
(A) create a reserved water right, express or
implied, in the United States for any purpose;
(B) affect any water right in existence on the date
of enactment of the National Wildlife Refuge System
Improvement Act of 1997; or
(C) affect any Federal or State law in existence on
the date of the enactment of the National Wildlife
Refuge System Improvement Act of 1997 regarding water
quality or water quantity.
(2) Nothing in this Act shall diminish or affect the ability
to join the United States in the adjudication of rights to the
use of water pursuant to the McCarran Act (43 U.S.C. 666).
(o) Coordination with State fish and wildlife agency
personnel or with personnel of other affected State agencies
pursuant to this Act shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
* * * * * * *
----------
MIGRATORY BIRD TREATY ACT
* * * * * * *
Sec. 3. (a) That subject to the provisions and in order to
carry out the purposes of the conventions, the Secretary of
Agriculture is authorized and directed, from time to time,
having due regard to the zones of temperature and to the
distribution, abundance, economic value, breeding habits, and
times and lines of migratory flight of such birds, to determine
when, to what extent, if at all, and by what means, it is
compatible with the terms of the conventions to allow hunting,
taking, capture, killing, possession, sale, purchase, shipment,
transportation, carriage, or export of any such bird, or any
part, nest, or egg thereof, and to adopt suitable regulations
permitting and governing the same, in accordance with such
determinations, which regulations shall become effective when
approved by the President.
[(b) It shall be unlawful for any person to--
[(1) take any migratory game bird by the aid of
baiting, or on or over any baited area, if the person
knows or reasonably should know that the area is a
baited area; or
[(2) place or direct the placement of bait on or
adjacent to an area for the purpose of causing,
inducing, or allowing any person to take or attempt to
take any migratory game bird by the aid of baiting on
or over the baited area.]
(b) Prohibition of Baiting.--
(1) Definitions.--In this subsection:
(A) Baited area.--
(i) In general.--The term ``baited
area'' means--
(I) any area on which salt,
grain, or other feed has been
placed, exposed, deposited,
distributed, or scattered, if
the salt, grain, or feed could
lure or attract migratory game
birds; and
(II) in the case of
waterfowl, cranes (family
Gruidae), and coots (fam-i-ly
Rallidae), a standing, un-har-
vest-ed crop that has been
manipulated through activities
such as mowing, discing, or
rolling, unless the activities
are normal agricultural
practices.
(ii) Exclusions.--An area shall not
be considered to be a ``baited area''
if the area--
(I) has been treated with a
normal agricultural practice;
(II) has standing crops that
have not been manipulated; or
(III) has standing crops that
have been or are flooded.
(B) Baiting.--The term ``baiting'' means the
direct or indirect placing, exposing,
depositing, distributing, or scattering of
salt, grain, or other feed that could lure or
attract migratory game birds to, on, or over
any areas on which a hunter is attempting to
take migratory game birds.
(C) Migratory game bird.--The term
``migratory game bird'' means migratory bird
species--
(i) that are within the taxonomic
families of Anatidae, Columbidae,
Gruidae, Rallidae, and Scolopacidae;
and
(ii) for which open seasons are
prescribed by the Secretary of the
Interior.
(D) Normal agricultural practice.--
(i) In general.--The term ``normal
agricultural practice'' means any
practice in 1 annual growing season
that--
(I) is carried out in order
to produce a marketable crop,
including planting, harvest,
postharvest, or soil
conservation practices; and
(II) is recommended for the
successful harvest of a given
crop by the applicable State
office of the Cooperative
Extension System of the
Department of Agriculture, in
consultation with, and if
requested, the concurrence of,
the head of the applicable
State department of fish and
wildlife.
(ii) Inclusions.--
(I) In general.--Subject to
subclause (II), the term
``normal agricultural
practice'' includes the
destruction of a crop in
accordance with practices
required by the Federal Crop
Insurance Corporation for
agricultural producers to
obtain crop insurance under the
Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) on land on
which a crop during the current
or immediately preceding crop
year was not harvestable due to
a natural disaster (including
any hurricane, storm, tornado,
flood, high water, wind-driven
water, tidal wave, tsunami,
earthquake, volcanic eruption,
landslide, mudslide, drought,
fire, snowstorm, or other
catastrophe that is declared a
major disaster by the President
in accordance with section 401
of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C.
5170)).
(II) Limitations.--The term
``normal agricultural
practice'' only includes a crop
described in subclause (I) that
has been destroyed or
manipulated through activities
that include (but are not
limited to) mowing, discing, or
rolling if the Federal Crop
Insurance Corporation certifies
that flooding was not an
acceptable method of
destruction to obtain crop
insurance under the Federal
Crop Insurance Act (7 U.S.C.
1501 et seq.).
(E) Waterfowl.--The term ``waterfowl'' means
native species of the family Anatidae.
(2) Prohibition.--It shall be unlawful for any
person--
(A) to take any migratory game bird by
baiting or on or over any baited area, if the
person knows or reasonably should know that the
area is a baited area; or
(B) to place or direct the placement of bait
on or adjacent to an area for the purpose of
causing, inducing, or allowing any person to
take or attempt to take any migratory game bird
by baiting or on or over the baited area.
(3) Regulations.--The Secretary of the Interior may
promulgate regulations to implement this subsection.
(4) Reports.--Annually, the Secretary of Agriculture
shall submit to the Secretary of the Interior a report
that describes any changes to normal agricultural
practices across the range of crops grown by
agricultural producers in each region of the United
States in which the recommendations are provided to
agricultural producers.
* * * * * * *
----------
TITLE 54, UNITED STATES CODE
* * * * * * *
SUBTITLE I--NATIONAL PARK SYSTEM
* * * * * * *
DIVISION A--ESTABLISHMENT AND GENERAL ADMINISTRATION
* * * * * * *
CHAPTER 1009--ADMINISTRATION
* * * * * * *
Sec. 100905. Commercial filming
(a) Commercial Filming Fee.--
(1) In general.--[The Secretary] Except as provided
in paragraph (3), the Secretary shall require a permit
and shall establish a reasonable fee for commercial
filming activities or similar projects in a System
unit. The fee shall provide a fair return to the United
States and shall be based on the following criteria:
(A) The number of days the filming activity
or similar project takes place in the System
unit.
(B) The size of the film crew present in the
System unit.
(C) The amount and type of equipment present
in the System unit.
(2) Other factors.--The Secretary may include other
factors in determining an appropriate fee as the
Secretary considers necessary.
(3) Special rules for film crews of 5 persons or
fewer.--
(A) Definition of film crew.--In this
paragraph, the term ``film crew'' means any
persons present on Federal land or waterways
under the jurisdiction of the Secretary who are
associated with the production of a film.
(B) Required permit and fee.--For any film
crew of 5 persons or fewer, the Secretary shall
require a permit and assess an annual fee of
$200 for commercial filming activities or
similar projects on Federal land and waterways
administered by the Secretary.
(C) Commercial filming activities.--A permit
issued under subparagraph (B) shall be valid
for commercial filming activities or similar
projects that occur in areas designated for
public use during public hours on all Federal
land and waterways administered by the
Secretary for a 1-year period beginning on the
date of issuance of the permit.
(D) No additional fees.--For persons holding
a permit issued under this paragraph, during
the effective period of the permit, the
Secretary shall not assess any fees in addition
to the fee assessed under subparagraph (B).
(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under
any other purposes, use of cameras or related
equipment used for the purpose of commercial
filming activities or similar projects in
accordance with this paragraph on Federal land
and waterways administered by the Secretary.
(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued
under this paragraph shall notify the
applicable land management agency with
jurisdiction over the Federal land at least 48
hours before entering the Federal land.
(G) Denial of access.--The head of the
applicable land management agency may deny
access to a film crew under this paragraph if--
(i) there is a likelihood of resource
damage that cannot be mitigated;
(ii) there would be an unreasonable
disruption of the use and enjoyment of
the site by the public;
(iii) the activity poses health or
safety risks to the public; or
(iv) the filming includes the use of
models or props that are not part of
the natural or cultural resources or
administrative facilities of the
Federal land.
(b) Recovery of Costs.--The Secretary shall [collect any
costs] recover any costs incurred as a result of filming
activities or similar projects, including administrative and
personnel costs. All costs recovered shall be in addition to
the fee assessed in subsection (a).
(c) Still Photography.--
(1) In general.--Except as provided in paragraph (2),
the Secretary shall not require a permit or assess a
fee for still photography in a System unit if the
photography takes place where members of the public are
generally allowed. The Secretary may require a permit,
assess a fee, or both, if the photography takes place
at other locations where members of the public are
generally not allowed, or where additional
administrative costs are likely.
(2) Exception.--The Secretary shall require and shall
establish a reasonable fee for still photography that
uses models or props that are not a part of the site's
natural or cultural resources or administrative
facilities.
(d) Protection of Resources.--The Secretary shall not permit
any filming, still photography or other related activity if the
Secretary determines that--
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the
public's use and enjoyment of the site; or
(3) the activity poses health or safety risks to the
public.
(e) Use of Proceeds.--
(1) Fees.--All fees collected under this section
shall be available for expenditure by the Secretary,
without further appropriation and shall remain
available until expended.
(2) Costs.--All costs recovered under this section
shall be available for expenditure by the Secretary,
without further appropriation, at the site where the
costs are collected and shall remain available until
expended.
(f) Processing of Permit Applications.--The Secretary shall
establish a process to ensure that the Secretary responds in a
timely manner to permit applicants for commercial filming,
still photography, or other activity.
* * * * * * *
CHAPTER 1015--TRANSPORTATION
* * * * * * *
SUBCHAPTER I--AIRPORTS
Sec.
101501. Airports in or near System units.
SUBCHAPTER II--ROADS AND TRAILS
* * * * * * *
101513. Hunter access corridors.
* * * * * * *
SUBCHAPTER II--ROADS AND TRAILS
* * * * * * *
Sec. 101513. Hunter access corridors
(a) Definitions.--In this section:
(1) Not ready for immediate use.--The term ``not
ready for immediate use'' means--
(A) a bow or crossbow, the arrows of which
are secured or stowed in a quiver or other
arrow transport case; and
(B) with respect to a crossbow, uncocked.
(2) Valid hunting license.--The term ``valid hunting
license'' means a State-issued hunting license that
authorizes an individual to hunt on private or public
land adjacent to the System unit in which the
individual is located while in possession of a bow or
crossbow that is not ready for immediate use.
(b) Transportation Authorized.--
(1) In general.--The Director shall not require a
permit for, or promulgate or enforce any regulation
that prohibits an individual from transporting bows and
crossbows that are not ready for immediate use across
any System unit if--
(A) in the case of an individual traversing
the System unit on foot--
(i) the individual is not otherwise
prohibited by law from possessing the
bows and crossbows;
(ii) the bows or crossbows are not
ready for immediate use throughout the
period during which the bows or
crossbows are transported across the
System unit;
(iii) the possession of the bows and
crossbows is in compliance with the law
of the State in which the System unit
is located; and
(iv)(I) the individual possesses a
valid hunting license;
(II) the individual is traversing the
System unit en route to a hunting
access corridor established under
subsection (c)(1); or
(III) the individual is traversing
the System unit in compliance with any
other applicable regulations or
policies; or
(B) the bows or crossbows are not ready for
immediate use and remain inside a vehicle.
(2) Enforcement.--Nothing in this subsection limits
the authority of the Director to enforce laws
(including regulations) prohibiting hunting or the
taking of wildlife in any System unit.
(c) Establishment of Hunter Access Corridors.--
(1) In general.--On a determination by the Director
under paragraph (2), the Director may establish and
publish (in accordance with section 1.5 of title 36,
Code of Federal Regulations (or a successor
regulation)), on a publicly available map, hunter
access corridors across System units that are used to
access public land that is--
(A) contiguous to a System unit; and
(B) open to hunting.
(2) Determination by director.--The determination
referred to in paragraph (1) is a determination that
the hunter access corridor would provide wildlife
management or visitor experience benefits within the
boundary of the System unit in which the hunter access
corridor is located.
(3) Hunting season.--The hunter access corridors
shall be open for use during hunting seasons.
(4) Exception.--The Director may establish limited
periods during which access through the hunter access
corridors is closed for reasons of public safety,
administration, or compliance with applicable law.
(5) Identification of corridors.--The Director
shall--
(A) make information regarding hunter access
corridors available on the individual website
of the applicable System unit; and
(B) provide information regarding any
processes established by the Director for
transporting legally taken game through
individual hunter access corridors.
(6) Registration; transportation of game.--The
Director may--
(A) provide registration boxes to be located
at the trailhead of each hunter access corridor
for self-registration;
(B) provide a process for online self-
registration; and
(C) allow nonmotorized conveyances to
transport legally taken game through a hunter
access corridor established under this
subsection, including game carts and sleds.
(7) Consultation with states.--The Director shall
consult with each applicable State wildlife agency to
identify appropriate hunter access corridors.
(d) Effect.--Nothing in this section--
(1) diminishes, enlarges, or modifies any Federal or
State authority with respect to recreational hunting,
recreational shooting, or any other recreational
activities within the boundaries of a System unit; or
(2) authorizes--
(A) the establishment of new trails in System
units; or
(B) authorizes individuals to access areas in
System units, on foot or otherwise, that are
not open to such access.
(e) No Major Federal Action.--
(1) In general.--Any action taken under this section
shall not be considered a major Federal action
significantly affecting the quality of the human
environment under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(2) No additional action required.--No additional
identification, analyses, or consideration of
environmental effects (including cumulative
environmental effects) is necessary or required with
respect to an action taken under this section.
* * * * * * *
----------
FEDERAL LAND TRANSACTION FACILITATION ACT
* * * * * * *
TITLE II--FEDERAL LAND TRANSACTION FACILITATION
* * * * * * *
SEC. 203. DEFINITIONS.
In this title:
(1) Exceptional resource.--The term ``exceptional
resource'' means a resource of scientific, natural,
historic, [cultural, or] cultural, recreational access
and use, or other recreational value that has been
documented by a Federal, State, or local governmental
authority, and for which there is a compelling need for
conservation and protection under the jurisdiction of a
Federal agency in order to maintain the resource for
the benefit of the public.
(2) Federally designated area.--The term ``federally
designated area'' means land in Alaska and the eleven
contiguous Western States (as defined in section 103(o)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702(o))) that [on the date of enactment of
this Act was] is within the boundary of--
(A) a national monument, area of critical
environmental concern, national conservation
area, national riparian conservation area,
national recreation area, national scenic area,
research natural area, national outstanding
natural area, or a national natural landmark
managed by the Bureau of Land Management;
(B) a unit of the National Park System;
(C) a unit of the National Wildlife Refuge
System;
(D) an area of the National Forest System
designated for special management by an Act of
Congress; or
(E) an area within which the Secretary or the
Secretary of Agriculture is otherwise
authorized by law to acquire lands or interests
therein that is designated as--
(i) wilderness under the Wilderness
Act (16 U.S.C. 1131 et seq.);
(ii) a wilderness study area;
(iii) a component of the Wild and
Scenic Rivers System under the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et
seq.); or
(iv) a component of the National
Trails System under the National Trails
System Act (16 U.S.C. 1241 et seq.).
(3) Inholding.--The term ``inholding'' means any
right, title, or interest, held by a non-Federal
entity, in or to a tract of land that lies within the
boundary of a federally designated area.
(4) Public land.--The term ``public land'' means
public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1702)).
(5) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
* * * * * * *
SEC. 205. DISPOSAL OF PUBLIC LAND.
(a) In General.--The Secretary shall establish a program,
using funds made available under [section 206, to complete
appraisals and satisfy other legal requirements for the sale or
exchange of public land identified for disposal under approved
land use plans (as in effect on the date of enactment of this
Act) under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712).] section 206--
(1) to complete appraisals and satisfy other legal
requirements for the sale or exchange of public land
identified for disposal under approved land use plans
under section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712);
(2) not later than 180 days after the date of the
enactment of the Federal Land Transaction Facilitation
Act Reauthorization of 2015, to establish and make
available to the public, on the website of the
Department of the Interior, a database containing a
comprehensive list of all the land referred to in
paragraph (1); and
(3) to maintain the database referred to in paragraph
(2).
(b) Sale of Public Land.--
(1) In general.--The sale of public land so
identified shall be conducted in accordance with
sections 203 and 209 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713, 1719).
(2) Exceptions to competitive bidding requirements.--
The exceptions to competitive bidding requirements
under section 203(f) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713(f)) shall apply
to this section in cases in which the Secretary
determines it to be necessary.
(c) Report in Public Land Statistics.--The Secretary shall
provide in the annual publication of Public Land Statistics, a
report of activities under this section.
(d) Termination of Authority.--The authority provided under
this section shall terminate [11] 22 years after the date of
enactment of this Act.
SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.
(a) Deposit of Proceeds.--Notwithstanding any other law
(except a law that specifically provides for a proportion of
the proceeds to be distributed to any trust funds of any
States), the gross proceeds of the sale or exchange of public
land under this Act shall be deposited in a separate account in
the Treasury of the United States to be known as the ``Federal
Land Disposal Account''.
(b) Availability.--Amounts in the Federal Land Disposal
Account shall be available to the Secretary and the Secretary
of Agriculture, without further Act of appropriation, to carry
out this title.
(c) Use of the Federal Land Disposal Account.--
[(1) In general.--Funds in the Federal Land Disposal
Account shall be expended in accordance with this
subsection.]
(1) Use of funds.--
(A) In general.--Funds in the Federal Land
Disposal Account shall be expended in
accordance with this subsection.
(B) Purposes.--Except as authorized under
paragraph (2), funds in the Federal Land
Disposal Account shall be used for one or more
of the following purposes:
(i) To purchase lands or interests
therein that are otherwise authorized
by law to be acquired and are one or
more of the following:
(I) Inholdings.
(II) Adjacent to federally
designated areas and contain
exceptional resources.
(III) Provide opportunities
for hunting, recreational
fishing, recreational shooting,
and other recreational
activities.
(IV) Likely to aid in the
performance of deferred
maintenance or the reduction of
operation and maintenance costs
or other deferred costs.
(ii) To perform deferred maintenance
or other maintenance activities that
enhance opportunities for recreational
access.
(2) Fund allocation.--
[(A) Purchase of land.--Except as
authorized under subparagraph (C),
funds shall be used to purchase lands
or interests therein that are otherwise
authorized by law to be acquired, and
that are--
[(i) inholdings; and
[(ii) adjacent to federally
designated areas and contain
exceptional resources.]
[(B)] (A) Inholdings.--Not less than
80 percent of the funds allocated for
the purchase of land within each State
shall be used to acquire inholdings
identified under section 204.
[(C)] (B) Administrative and other
expenses.--An amount not to exceed 20
percent of the funds deposited in the
Federal Land Disposal Account may be
used by the Secretary for
administrative and other expenses
necessary to carry out the land
disposal program under section 205.
[(D)] (C) Same state [purchases]
land purchases and performance of
deferred maintenance activities.--Of
the amounts not used under subparagraph
[(C)] (B), not less than 80 percent
shall be expended within the State in
which the funds were generated for the
activities outlined in paragraph (2).
Any remaining funds may be expended in
any other State.
(D) Any funds made available under
subparagraph (C) that are not obligated
or expended by the end of the fourth
full fiscal year after the date of the
sale or exchange of land that generated
the funds may be expended in any State.
(3) Priority.--The Secretary and the Secretary of
Agriculture shall develop a procedure for prioritizing
the acquisition of inholdings and non-Federal lands
with exceptional resources as provided in paragraph
(2). Such procedure shall consider--
(A) the date the inholding was established
(as provided in section 204(c));
(B) the extent to which the acquisition of
the land or interest therein will increase the
public availability of resources for, and
facilitate public access to, hunting, fishing,
and other recreational activities;
[(B)] (C) the extent to which acquisition of
the land or interest therein will facilitate
management efficiency; and
[(C)] (D) such other criteria as the
Secretary and the Secretary of Agriculture deem
appropriate.
(4) Basis of sale.--Any land acquired under this
section shall be--
(A) from a willing seller;
(B) contingent on the conveyance of title
acceptable to the Secretary, or the Secretary
of Agriculture in the case of an acquisition of
National Forest System land, using title
standards of the Attorney General;
(C) at a price not to exceed fair market
value consistent with applicable provisions of
the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(D) managed as part of the unit within which
it is contained.
(d) Contaminated Sites and Sites Difficult and Uneconomic To
Manage.--Funds in the Federal Land Disposal Account shall not
be used to purchase land or an interest in land that, as
determined by the Secretary or the Secretary of Agriculture--
(1) contains a hazardous substance or is otherwise
contaminated; or
(2) because of the location or other characteristics
of the land, would be difficult or uneconomic to manage
as Federal land.
(e) Land and Water Conservation Fund Act.--Funds made
available under this section shall be supplemental to any funds
appropriated under chapter 2003 of title 54, United States
Code.
(f) Termination.--On termination of activities under section
205--
(1) the Federal Land Disposal Account shall be
terminated; and
[(2) any remaining balance in the account shall
become available for appropriation under section 200303
of title 54, United States Code.]
(2) any remaining balance in the account shall be
deposited in the Treasury and used for deficit
reduction, except that in the case of a fiscal year for
which there is no Federal budget deficit, such amounts
shall be used to reduce the Federal debt (in such
manner as the Secretary of the Treasury considers
appropriate).
SEC. 207. SPECIAL PROVISIONS.
(a) In General.--Nothing in this title provides an exemption
from any limitation on the acquisition of land or interest in
land under any Federal law in effect on the date of enactment
of this Act.
(b) Other Law.--This title shall not apply to land eligible
for sale under--
(1) Public Law [96-568] 96-586 (commonly known as the
``Santini-Burton Act'') (94 Stat. 3381)[; or];
(2) the Southern Nevada Public Land Management Act of
1998 (Public Law 105-263; 112 Stat. 2343)[.];
(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).
(c) Exchanges.--Nothing in this title precludes, preempts, or
limits the authority to exchange land under authorities
providing for the exchange of Federal lands, including but not
limited to--
(1) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); or
(2) the Federal Land Exchange Facilitation Act of
1988 (102 Stat. 1086) or the amendments made by that
Act.
(d) No New Right or Benefit.--Nothing in this Act creates a
right or benefit, substantive or procedural, enforceable at law
or in equity by a party against the United States, its
agencies, its officers, or any other person.
----------
AFRICAN ELEPHANT CONSERVATION ACT
* * * * * * *
TITLE II--AFRICAN ELEPHANT CONSERVATION
* * * * * * *
PART I--AFRICAN ELEPHANT CONSERVATION ASSISTANCE
SEC. 2101. PROVISION OF ASSISTANCE.
(a) In General.--The Secretary may provide financial
assistance under this part from the Fund for approved projects
for research, conservation, management, or protection of
African elephants.
(b) Project Proposal.--Any African government agency
responsible for African elephant conservation and protection,
the CITES Secretariat, and any organization or individual with
experience in African elephant conservation may submit to the
Secretary a project proposal under this section. Each such
proposal shall contain--
(1) the name of the person responsible for conducting
the project;
(2) a succinct statement of the need for and purposes
of the project;
(3) a description of the qualifications of the
individuals who will be conducting the project;
(4) an estimate of the funds and time required to
complete the project;
(5) evidence of support of the project by
governmental entities of countries within which the
project will be conducted, if such support may be
important for the success of the project; and
(6) any other information the Secretary considers to
be necessary or appropriate for evaluating the
eligibility of the project for funding under this
title.
(c) Project Review and Approval.--The Secretary shall review
each project proposal to determine if it meets the criteria set
forth in subsection (d) and otherwise merits assistance under
this title. Not later than six months after receiving a project
proposal, and subject to the availability of funds, the
Secretary shall approve or disapprove the proposal and provide
written notification to the person who submitted the proposal.
(d) Criteria for Approval.--The Secretary may approve a
project under this section if the project will enhance programs
for African elephant research, conservation, management, or
protection by--
(1) developing in a usable form sound scientific
information on African elephant habitat condition and
carrying capacity, total elephant numbers and
population trends, or annual reproduction and
mortality; or
(2) assisting efforts--
(A) to ensure that any taking of African
elephants in the country is effectively
controlled and monitored;
(B) to implement conservation programs to
provide for healthy, sustainable African
elephant populations; or
(C) to enhance compliance with the CITES
Ivory Control System.
(e) Priority.--In providing financial assistance under this
section, the Secretary shall give priority to projects designed
to facilitate the acquisition of equipment and training of
wildlife officials in ivory producing countries to be used in
anti-poaching efforts.
[(e)] (f) Project Sustainability.--To the maximum extent
practical, in determining whether to approve project proposals
under this section, the Secretary shall give consideration to
projects that will enhance sustainable conservation programs to
ensure effective long-term conservation of African elephants.
[(f)] (g) Project Reporting.--Each entity that receives
assistance under this section shall provide such periodic
reports to the Director of the United States Fish and Wildlife
Service as the Director considers relevant and appropriate.
Each report shall include all information requested by the
Director for evaluating the progress and success of the
project.
* * * * * * *
SEC. 2105. PLACEMENT OF UNITED STATES FISH AND WILDLIFE SERVICE LAW
ENFORCEMENT OFFICER IN EACH AFRICAN ELEPHANT RANGE
COUNTRY.
The Secretary, in coordination with the Secretary of State,
may station one United States Fish and Wildlife Service law
enforcement officer in the primary United States diplomatic or
consular post in each African country that has a significant
population of African elephants, who shall assist local
wildlife rangers in the protection of African elephants and
facilitate the apprehension of individuals who illegally kill,
or assist the illegal killing of, African elephants.
PART II--MORATORIA AND PROHIBITED ACTS
* * * * * * *
SEC. 2202. MORATORIA.
(a) Ivory Producing Countries.--
(1) In general.--The Secretary shall establish a
moratorium on the importation of raw and worked ivory
from an ivory producing country immediately upon making
a determination that the country does not meet all the
criteria set forth in section 2201(b)(1).
(2) Later establishment.--With regard to any ivory
producing country for which the Secretary has
insufficient information to make a determination
pursuant to section 2201(b), the Secretary shall
establish a moratorium on the importation of raw and
worked ivory from such country not later than January
1, 1990, unless, based on new information, the
Secretary concludes before that date that the country
meets all of the criteria set forth in section
2201(b)(1).
(b) Intermediary Countries.--The Secretary shall establish a
moratorium on the importation of raw and worked ivory from an
intermediary country immediately upon making a determination
that the country--
(1) is not a party to CITES;
(2) does not adhere to the CITES Ivory Control
System;
(3) imports raw ivory from a country that is not an
ivory producing country;
(4) imports raw or worked ivory from a country that
is not a party to CITES;
(5) imports raw or worked ivory that originates in an
ivory producing country in violation of the laws of
that ivory producing country;
(6) substantially increases its imports of raw or
worked ivory from a country that is subject to a
moratorium under this title during the first three
months of that moratorium; or
(7) imports raw or worked ivory from a country that
is subject to a moratorium under this title after the
first three months of that moratorium, unless the ivory
is imported by vessel during the first six months of
that moratorium and is accompanied by shipping
documents which show that it was exported before the
establishment of the moratorium.
(c) Suspension of Moratorium.--The Secretary shall suspend a
moratorium established under this section if, after notice and
public comment, the Secretary determines that the reasons for
establishing the moratorium no longer exist.
(d) Petition.--
(1) In general.--Any person may at any time submit a
petition in writing requesting that the Secretary
establish or suspend a moratorium under this section.
Such a petition shall include such substantial
information as may be necessary to demonstrate the need
for the action requested by the petition.
(2) Consideration and ruling.--The Secretary shall
publish a notice of receipt of a petition under this
subsection in the Federal Register and shall provide an
opportunity for the public to comment on the petition.
The Secretary shall rule on such petition not later
than 90 days after the close of the public comment
period.
(e) Sport-Hunted Trophies.--Individuals may import sport-
hunted elephant trophies that they have legally taken in an
ivory producing country that has submitted an ivory quota. The
Secretary shall not establish any moratorium under this
section, pursuant to a petition or otherwise, which prohibits
the importation into the United States of sport-hunted trophies
from elephants that are legally taken by the importer or the
importer's principal in an ivory producing country that has
submitted an ivory quota.
(f) Confiscated Ivory.--Trade in raw or worked ivory that is
confiscated by an ivory producing country or an intermediary
country and is disposed of pursuant to the CITES Ivory Control
System shall not be the sole cause for the establishment of a
moratorium under this part if all proceeds from the disposal of
the confiscated ivory are used solely to enhance wildlife
conservation programs or conservation purposes of CITES. With
respect to any country that was not a party to CITES at the
time of such confiscation, this subsection shall not apply
until such country develops appropriate measures to assure that
persons with a history of illegal dealings in ivory shall not
benefit from the disposal of confiscated ivory.
(g) Certification.--When the Secretary of the Interior finds
that a country, directly or indirectly, is a significant
transit or destination point for illegal ivory trade, the
Secretary shall certify such fact to the President with respect
to the country for the purposes of section 8(a) of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).
SEC. 2203. PROHIBITED ACTS.
(a) In General._Except as provided in section 2202(e) and
subsection (b) of this section, it is unlawful for any person--
(1) to import raw ivory from any country other than
an ivory producing country;
(2) to export raw ivory from the United States;
(3) to import raw or worked ivory that was exported
from an ivory producing country in violation of that
country's laws or of the CITES Ivory Control System;
(4) to import worked ivory, other than personal
effects, from any country unless that country has
certified that such ivory was derived from legal
sources; or
(5) to import raw or worked ivory from a country for
which a moratorium is in effect under section 2202.
(b) Exemption.--Nothing in this Act or subsection (a) or (d)
of section 9 of the Endangered Species Act of 1973 (16 U.S.C.
1538) shall be construed to prohibit importation or
exportation, or to require permission of the Secretary for
importation or exportation, of--
(1) any raw ivory or worked ivory--
(A) imported solely for purposes of becoming
part of a museum's permanent collection, return
to a lending museum, or display in a museum; or
(B) exported solely for purposes of--
(i) display in a foreign museum; or
(ii) return to a foreign person who
lent such ivory to a museum in the
United States;
(2) any raw ivory or worked ivory that was lawfully
importable into the United States on February 24, 2014,
regardless of when acquired; or
(3) any worked ivory that was previously lawfully
possessed in the United States.
(c) Treatment of Elephant Ivory.--Nothing in this Act or the
Endangered Species Act of 1973 (16 U.S.C. 1538) shall be
construed--
(1) to prohibit, or to authorize prohibiting, the
possession, sale, delivery, receipt, shipment, or
transportation of African elephant ivory, or any
product containing African elephant ivory, that has
been lawfully imported or crafted in the United States;
or
(2) to authorize using any means of determining for
purposes of this Act or the Endangered Species Act of
1973 whether African elephant ivory has been lawfully
imported, including any presumption or burden of proof
applied in such determination, other than such means
used by the Secretary as of February 24, 2014.
(d) Sport-Hunted Elephant Trophies.--Nothing in this Act or
subsection (a) or (d) of section 9 of the Endangered Species
Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit any
citizen or legal resident of the United States, or an agent of
such an individual, from importing a sport-hunted African
elephant trophy under section 2202(e) of this Act, if the
country in which the elephant was taken had an elephant
population on Appendix II of CITES at the time the trophy
elephant was taken.
(e) Relationship to the Convention.--Nothing in this section
shall be construed as modifying or repealing the Secretary's
duties to implement CITES and the appendices thereto, or as
modifying or repealing section 8A or 9(c) of the Endangered
Species Act of 1973 (16 U.S.C. 1537a and 1538(c)).
* * * * * * *
PART III--MISCELLANEOUS
* * * * * * *
SEC. 2306. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Fund and to the Secretary a total of not to exceed
$5,000,000 for each of fiscal years [2007 through 2012] 2016
through 2020 to carry out this title, to remain available until
expended.
(b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this title, the Secretary may expend
not more than 3 percent or $100,000, whichever is greater, to
pay the administrative expenses necessary to carry out this
title.
----------
PUBLIC LAW 106-206
SEC. 1. COMMERCIAL FILMING.
(a) Commercial Filming Fee.--
(1) In general.--[The Secretary] Except as provided
in paragraph (3), the Secretary 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) shall require a permit and
shall establish a reasonable fee for commercial filming
activities or similar projects on Federal land
administered by the Secretary. The fee shall provide a
fair return to the United States and shall be based on
the following criteria:
(A) The number of days the filming activity
or similar project takes place on Federal land
under the Secretary's jurisdiction.
(B) The size of the film crew present on
Federal land under the Secretary's
jurisdiction.
(C) The amount and type of equipment present.
(2) Other factors.--The Secretary may include other
factors in determining an appropriate fee as the
Secretary considers necessary.
(3) Special rules for film crews of 5 persons or
fewer.--
(A) Definition of film crew.--In this
paragraph, the term ``film crew'' means any
persons present on Federal land or waterways
under the jurisdiction of the Secretary who are
associated with the production of a film.
(B) Required permit and fee.--For any film
crew of 5 persons or fewer, the Secretary shall
require a permit and assess an annual fee of
$200 for commercial filming activities or
similar projects on Federal land and waterways
administered by the Secretary.
(C) Commercial filming activities.--A permit
issued under subparagraph (B) shall be valid
for commercial filming activities or similar
projects that occur in areas designated for
public use during public hours on all Federal
land and waterways administered by the
Secretary for a 1-year period beginning on the
date of issuance of the permit.
(D) No additional fees.--For persons holding
a permit issued under this paragraph, during
the effective period of the permit, the
Secretary shall not assess any fees in addition
to the fee assessed under subparagraph (B).
(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under
any other purposes, use of cameras or related
equipment used for the purpose of commercial
filming activities or similar projects in
accordance with this paragraph on Federal land
and waterways administered by the Secretary.
(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued
under this paragraph shall notify the
applicable land management agency with
jurisdiction over the Federal land at least 48
hours before entering the Federal land.
(G) Denial of access.--The head of the
applicable land management agency may deny
access to a film crew under this paragraph if--
(i) there is a likelihood of resource
damage that cannot be mitigated;
(ii) there would be an unreasonable
disruption of the use and enjoyment of
the site by the public;
(iii) the activity poses health or
safety risks to the public; or
(iv) the filming includes the use of
models or props that are not part of
the natural or cultural resources or
administrative facilities of the
Federal land.
(b) Recovery of Costs.--The Secretary shall [collect any
costs] recover any costs incurred as a result of filming
activities or [similar project] similar projects, including
administrative and personnel costs. All costs recovered shall
be in addition to the fee assessed in subsection (a).
(c) Still Photography.--
(1) In general.--Except as provided in paragraph (2),
the Secretary shall not require a permit nor assess a
fee for still photography on land administered by the
Secretary if such photography takes place where members
of the public are generally allowed. The Secretary may
require a permit, fee, or both, if such photography
takes place at other locations where members of the
public are generally not allowed, or where additional
administrative costs are likely.
(2) Exception.--The Secretary shall require and shall
establish a reasonable fee for still photography that
uses models or props which are not a part of the site's
natural or cultural resources or administrative
facilities.
(d) Protection of Resources.--The Secretary shall not permit
any filming, still photography or other related activity if the
Secretary determines that--
(1) there is a likelihood of resource damage;
(2) there would be an unreasonable disruption of the
public's use and enjoyment of the site; or
(3) the activity poses health or safety risks to the
public.
(e) Use of Proceeds.--
(1) Fees.--All fees collected under this section
shall be available for expenditure by the Secretary,
without further appropriation and shall remain
available until expended.
(2) Costs.--All costs recovered under this section
shall be available for expenditure by the Secretary,
without further appropriation, at the site where the
costs are collected and shall remain available until
expended.
(f) Processing of Permit Applications.--The Secretary shall
establish a process to ensure that the Secretary responds in a
timely manner to permit applicants for commercial filming,
still photography, or other activity.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
Our nation's public lands provide opportunities for
hunting, fishing, trapping, and other wildlife-dependent
recreational activities which serve as economic engines for
local economies. More than 75 percent of federal lands, whether
managed by the Forest Service, Bureau of Land Management,
National Park Service, or Fish and Wildlife Service, are open
for fishing, hunting, and recreational shooting. Increasing
opportunities for hunters, anglers, and other outdoor
enthusiasts remains a top priority of Committee Democrats.
However, this bill fails to provide those opportunities, and
instead advances an anti-conservation agenda that is at odds
with our principles and the tradition of bipartisan work on
legislation designed to benefit American landscapes, wildlife,
and the sporting community.
H.R. 2406 cobbles together seven separate legislative
proposals along with six other titles, allegedly, to enhance
access to federal lands for hunting, fishing and recreational
shooting. While several of the proposals are non-controversial,
the bill includes provisions that would undermine the
Wilderness Act, the National Environmental Policy Act and other
conservation laws. H.R. 2406 also continues the Republican
crusade to drive the extinction of wildlife by adding language
that would block the Administration's efforts under the
Endangered Species Act to stop ivory trafficking and prevent
the slaughter of African elephants Finally, the bill includes
several unrelated and harmful titles dealing with importation
of polar bear trophies, hunting birds using bait, use of fire
arms at Army Corps of Engineers facilities, and toxic
substances contained in ammunition and fishing tackle.
H.R. 2406 is just as notable for the provisions it
excludes. Many conservation priorities important to sportsmen
are conspicuously missing from this bill, including
reauthorization of the Land and Water Conservation Fund (LWCF),
the North American Wetlands Conservation Act, the National Fish
and Wildlife Foundation, and the Multinational Species
Conservation Funds. Committee Democrats offered an amendment at
markup that would have added these and other bipartisan
measures to the bill, but Republicans defeated it on a party
line vote. A separate Democratic amendment to permanently
reauthorize LWCF a critical conservation prop-am which expired
on October 1st failed by a similar margin. Republicans'
continued refusal to reauthorize LWCF means that $2.5 million
in offshore oil and gas royalty payments is being diverted away
from land conservation every single day.
With their failure to include these reauthorizations and
remove some of the extreme titles which undermine bedrock
conservation laws, Committee Republicans have pushed through a
controversial bill instead of working with Democrats to craft
legislation that would benefit sportsmen and pass the House
using expedited procedures. In its current form, H.R. 2406 is
just a giveaway to the gun lobby, not a serious sportsmen's
package. We oppose H.R. 2406, and hope that Committee
Republicans will reconsider their stance on several of the
bill's provision and glaring omissions in advance of reporting
it to the full House.
Raul Grijalva,
Ranking Member.
Committee on Natural
Resources.
Niki Tsongas,
Ranking Member,
Subcommittee on Federal
Lands.
Jared Huffman,
Ranking Member,
Subcommittee on Water, Power
and Oceans.
Alan Lowenthal,
Member of Congress.
Grace Napolitano,
Member of Congress.
Matt Cartwright,
Member of Congress.
Donald S. Beyer, Jr.
Member of Congress.
[all]
