Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

115th Congress     }                                     {  Rept. 115-314
                          HOUSE OF REPRESENTATIVES
 1st Session       }                                     {     Part 1

======================================================================



 
         SPORTSMEN'S HERITAGE AND RECREATIONAL ENHANCEMENT ACT

                                _______
                                

 September 18, 2017.--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. 3668]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3668) to provide for the preservation of 
sportsmen's heritage and enhance recreation opportunities on 
Federal land, 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'' 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.

                    TITLE I--FISHING 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. Definition of public target range.
Sec. 203. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 204. Limits on liability.
Sec. 205. Sense of Congress regarding cooperation.

             TITLE III--RECREATIONAL LANDS SELF-DEFENSE ACT

Sec. 301. Short title.
Sec. 302. Protecting Americans from violent crime.

 TITLE IV--RECREATIONAL FISHING AND HUNTING HERITAGE OPPORTUNITIES ACT

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Recreational fishing, hunting, and shooting.
Sec. 404. Volunteer hunters; reports; closures and restrictions.
Sec. 405. Withdrawal of existing rule regarding hunting and trapping in 
Alaska.

               TITLE V--FARMER AND HUNTER PROTECTION ACT

Sec. 501. Short title.
Sec. 502. Baiting of migratory game birds.

     TITLE VI--TRANSPORTING BOWS ACROSS NATIONAL PARK SERVICE LANDS

Sec. 601. Short title.
Sec. 602. Bowhunting opportunity and wildlife stewardship.

               TITLE VII--RESPECT FOR TREATIES AND RIGHTS

Sec. 701. Respect for treaties and rights.

           TITLE VIII--STATE APPROVAL OF FISHING RESTRICTION

Sec. 801. State or territorial approval of restriction of recreational 
or commercial fishing access to certain State or territorial waters.

             TITLE IX--OPEN BOOK ON EQUAL ACCESS TO JUSTICE

Sec. 901. Short title.
Sec. 902. Modification of equal access to justice provisions.

              TITLE X--GOOD SAMARITAN SEARCH AND RECOVERY

Sec. 1001. Short title.
Sec. 1002. Expedited access to certain Federal land.

     TITLE XI--INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION

Sec. 1101. Interstate transportation of firearms or ammunition.

          TITLE XII--POLAR BEAR CONSERVATION AND FAIRNESS ACT

Sec. 1201. Short title.
Sec. 1202. Permits for importation of polar bear trophies taken in 
sport hunts in Canada.

       TITLE XIII--NORTH AMERICAN WETLANDS CONSERVATION EXTENSION

Sec. 1301. Short title.
Sec. 1302. Authorization of appropriations.
Sec. 1303. Limitation on expenditures for purchase of land.
Sec. 1304. Enhanced report on expenditures.

                         TITLE XIV--GRAY WOLVES

Sec. 1401. Reissuance of final rules relating to gray wolves in the 
Western Great Lakes and the State of Wyoming.

                      TITLE XV--HEARING PROTECTION

Sec. 1501. Short title.
Sec. 1502. Equal treatment of silencers and firearms.
Sec. 1503. Treatment of certain silencers.
Sec. 1504. Preemption of certain State laws in relation to firearm 
silencers.
Sec. 1505. Destruction of records.
Sec. 1506. Amendments to title 18, United States Code.
Sec. 1507. Imposition of tax on firearm silencers or firearm mufflers.

               TITLE XVI--LAWFUL PURPOSE AND SELF-DEFENSE

Sec. 1601. Short title.
Sec. 1602. Elimination of authority to reclassify popular rifle 
ammunition as ``armor piercing ammunition''.
Sec. 1603. Elimination of restrictions on importation of non-National 
Firearms Act firearm or ammunition that may otherwise be lawfully 
possessed and sold in the United States.
Sec. 1604. Protection of shotguns, shotgun shells, and large caliber 
rifles from arbitrary classification as ``destructive devices''.
Sec. 1605. Broadening of the temporary interstate transfer provision to 
allow temporary transfers for all lawful purposes rather than just for 
``sporting purposes''.

 TITLE XVII--FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION 
                                (FLTFA)

Sec. 1701. Short title.
Sec. 1702. Federal Land Transaction Facilitation Act.

                        TITLE XVIII--FILM CREWS

Sec. 1801. Annual permit and fee for film crews of 5 persons or fewer.

       TITLE XIX--RESPECT FOR STATE WILDLIFE MANAGEMENT AUTHORITY

Sec. 1901. Authority of the States.
Sec. 1902. Federal licenses.
Sec. 1903. Cooperation with State Fish and Wildlife Agencies on 
Management Plans.

              TITLE XX--GRAND CANYON BISON MANAGEMENT ACT

Sec. 2001. Short title.
Sec. 2002. Definitions.
Sec. 2003. Bison management plan for Grand Canyon National Park.

                    TITLE XXI--GUIDES AND OUTFITTERS

Sec. 2101. Short title; definitions.
Sec. 2102. Special recreation permit and fee.
Sec. 2103. Permit across multiple jurisdictions.
Sec. 2104. Guidelines and permit fee calculation.
Sec. 2105. Use of permit fees for permit administration.
Sec. 2106. Adjustment to permit use reviews.
Sec. 2107. Authorization of temporary permits for new uses for the 
Forest Service and BLM.
Sec. 2108. Indemnification requirements.
Sec. 2109. Streamlining of permitting process.
Sec. 2110. Cost recovery reform.
Sec. 2111. Extension of forest service recreation priority use permits.

 TITLE XXII--HUNTING AND RECREATIONAL FISHING WITHIN CERTAIN NATIONAL 
                                FORESTS

Sec. 2201. Definitions.
Sec. 2202. Hunting and recreational fishing within the National Forest 
System.

                    TITLE I--FISHING PROTECTION ACT

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Fishing 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'' at the end;
          (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.

  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 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.

    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. 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. 203. 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.
          ``(3) In-kind match.--For the purposes of cost sharing, any 
        institution (as defined by 7 U.S.C. 7601) that is eligible to 
        receive amounts under this section shall be allowed to use the 
        present value of their land as an in-kind match to satisfy cost 
        sharing requirements regardless of any restrictions in law that 
        would otherwise prohibit the use of the land for such 
        purpose.''; 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. 204. 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. 205. 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--RECREATIONAL LANDS SELF-DEFENSE ACT

SEC. 301. SHORT TITLE.

  This title may be cited as the ``Recreational Lands Self-Defense 
Act''.

SEC. 302. PROTECTING AMERICANS FROM VIOLENT CRIME.

  The Secretary of the Army shall not promulgate or enforce any 
regulation that prohibits an individual from possessing a firearm, 
including a firearm that is assembled, loaded, and functional, 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 IV--RECREATIONAL FISHING AND HUNTING HERITAGE OPPORTUNITIES ACT

SEC. 401. SHORT TITLE.

  This title may be cited as the ``Recreational Fishing and Hunting 
Heritage and Opportunities Act''.

SEC. 402. DEFINITIONS.

  In this title:
          (1) Federal public land.--The term ``Federal public land'' 
        means any land or water that is owned and managed by the Bureau 
        of Land Management or the Forest Service.
          (2) Federal public land management officials.--The term 
        ``Federal public land management officials'' means--
                  (A) the Secretary of the Interior and the Director of 
                the Bureau of Land Management regarding Bureau of Land 
                Management lands and waters; and
                  (B) the Secretary of Agriculture and the Chief of the 
                Forest Service regarding the National Forest System.
          (3) Hunting.--
                  (A) In general.--Except as provided in 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.

SEC. 403. RECREATIONAL FISHING, HUNTING, AND SHOOTING.

  (a) In General.--Subject to valid existing rights and subsection (g), 
and cooperation with the respective State fish and wildlife agency, 
Federal public land management officials shall exercise authority under 
existing law, including provisions regarding land use planning, to 
facilitate use of and access to Federal public lands, including 
National Monuments, Wilderness Areas, Wilderness Study Areas, and lands 
administratively classified as wilderness eligible or suitable and 
primitive or semi-primitive areas, for recreational fishing, hunting, 
and shooting, except as limited by--
          (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 
        recreational fishing, hunting, or shooting on specific Federal 
        public lands, waters, or units thereof; or
          (3) discretionary limitations on recreational fishing, 
        hunting, and shooting determined to be necessary and reasonable 
        as supported by the best scientific evidence and advanced 
        through a transparent public process.
  (b) Management.--Consistent with subsection (a), the head of each 
Federal public land management agency shall exercise its land 
management discretion--
          (1) in a manner that supports and facilitates recreational 
        fishing, hunting, and shooting opportunities;
          (2) to the extent authorized under applicable State law; and
          (3) in accordance with applicable Federal law.
  (c) Planning.--
          (1) Evaluation of effects on opportunities to engage in 
        recreational fishing, hunting, or shooting.--Federal public 
        land planning documents, including land resources management 
        plans, resource management plans, and comprehensive 
        conservation plans, shall include a specific evaluation of the 
        effects of such plans on opportunities to engage in 
        recreational fishing, hunting, or shooting.
          (2) No major federal action.--No action taken under this 
        title, or under section 4 of the National Wildlife Refuge 
        System Administration Act of 1966 (16 U.S.C. 668dd), either 
        individually or cumulatively with other actions involving 
        Federal public lands or lands managed by the United States Fish 
        and Wildlife Service, shall be considered under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to be 
        a major Federal action significantly affecting the quality of 
        the human environment, and no additional identification, 
        analysis, or consideration of environmental effects, including 
        cumulative effects, is necessary or required with respect to 
        such an action.
          (3) Other activity not considered.--Federal public land 
        management officials are not required to consider the existence 
        or availability of recreational fishing, hunting, or shooting 
        opportunities on adjacent or nearby public or private lands in 
        the planning for or determination of which Federal public lands 
        are open for these activities or in the setting of levels of 
        use for these activities on Federal public lands, unless the 
        combination or coordination of such opportunities would enhance 
        the recreational fishing, hunting, or shooting opportunities 
        available to the public.
  (d) Federal Public Lands.--
          (1) Lands open.--Notwithstanding any other law, lands under 
        the jurisdiction of the Bureau of Land Management or the Forest 
        Service, including Wilderness Areas, Wilderness Study Areas, 
        lands designated as wilderness or administratively classified 
        as wilderness eligible or suitable and primitive or semi-
        primitive areas and National Monuments, but excluding lands on 
        the Outer Continental Shelf, shall be open to recreational 
        fishing, hunting, and shooting unless the managing Federal 
        agency acts to close lands to such activity. Lands may be made 
        subject to closure to or restriction on recreational fishing, 
        hunting, or shooting if determined by the head of the agency 
        concerned to be necessary and reasonable and supported by facts 
        and evidence, for purposes including resource conservation, 
        public safety, energy or mineral production, energy generation 
        or transmission infrastructure, water supply facilities, 
        protection of other permittees, protection of private property 
        rights or interest, national security, or compliance with other 
        law.
          (2) Shooting ranges.--
                  (A) In general.--The head of each Federal agency 
                shall use his or her authorities in a manner consistent 
                with this title and other applicable law, to--
                          (i) lease or permit use of lands under the 
                        jurisdiction of the agency for shooting ranges; 
                        and
                          (ii) designate specific lands under the 
                        jurisdiction of the agency for recreational 
                        shooting activities.
                  (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.
  (e) Necessity in Wilderness Areas and ``Within and Supplemental to'' 
Wilderness Purposes.--
          (1) Minimum requirements for administration.--The provision 
        of opportunities for recreational fishing, hunting, and 
        shooting and the conservation of fish and wildlife to provide 
        sustainable use recreational opportunities on designated 
        Federal wilderness areas shall constitute measures necessary to 
        meet the minimum requirements for the administration of the 
        wilderness area, provided that this determination shall not 
        authorize or facilitate commodity development, use, or 
        extraction, motorized recreational access or use that is not 
        otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et 
        seq.), or permanent road construction or maintenance within 
        designated wilderness areas.
          (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, the 
        head of each Federal agency shall implement these supplemental 
        purposes so as to facilitate, enhance, or both, but not to 
        impede the underlying Federal land purposes when seeking to 
        carry out fish and wildlife conservation programs and projects 
        or provide fish and wildlife dependent recreation opportunities 
        in designated wilderness areas, provided that such 
        implementation shall not authorize or facilitate commodity 
        development, use or extraction, or permanent road construction 
        or use within designated wilderness areas.
  (f) Report.--Beginning on the second October 1 after the date of the 
enactment of this Act and biennially on October 1 thereafter, the head 
of each Federal agency who has authority to manage Federal public land 
on which recreational fishing, hunting, or shooting occurs shall submit 
to the Committee on Natural Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate a 
report that describes--
          (1) any Federal public land administered by the agency head 
        that was closed to recreational fishing, hunting, or shooting 
        at any time during the preceding year; and
          (2) the reason for the closure.
  (g) Closures or Significant Restrictions of 640 or More Acres.--
          (1) In general.--Other than closures established or 
        prescribed by land planning actions referred to in subsection 
        (d) or emergency closures described in paragraph (3) of this 
        subsection, a permanent or temporary withdrawal, change of 
        classification, or change of management status of Federal 
        public land that effectively closes or significantly restricts 
        640 or more contiguous acres of Federal public land to access 
        or use for recreational fishing or hunting or activities 
        related to recreational fishing or hunting, or both, shall take 
        effect only if, before the date of withdrawal or change, the 
        head of the Federal agency that has jurisdiction over the 
        Federal public land--
                  (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) Aggregate or cumulative effects.--If the aggregate or 
        cumulative effect of separate withdrawals or changes 
        effectively closes or significantly restricts 1,280 or more 
        acres of land or water, such withdrawals and changes shall be 
        treated as a single withdrawal or change for purposes of 
        paragraph (1).
          (3) Emergency closures.--Nothing in this title prohibits a 
        Federal land management agency from establishing or 
        implementing emergency closures or restrictions of the smallest 
        practicable area to provide for public safety, resource 
        conservation, national security, or other purposes authorized 
        by law. Such an emergency closure shall terminate after a 
        reasonable period of time unless converted to a permanent 
        closure consistent with this title.
  (h) National Park Service Units Not Affected.--Nothing in this title 
shall affect or modify management or use of units of the National Park 
System.
  (i) No Priority.--Nothing in this title requires a Federal land 
management agency to give preference to recreational fishing, hunting, 
or shooting over other uses of Federal public land or over land or 
water management priorities established by Federal law.
  (j) Consultation With Councils.--In fulfilling the duties set forth 
in this Act, the heads of Federal agencies shall consult with 
respective advisory councils as established in Executive Order Nos. 
12962 and 13443.
  (k) Authority of the States.--
          (1) In general.--Nothing in this title shall be construed as 
        interfering with, diminishing, or conflicting with the 
        authority, jurisdiction, or responsibility of any State to 
        exercise primary management, control, or regulation of fish and 
        wildlife under State law (including regulations) on land or 
        water within the State, including on Federal public land.
          (2) Federal licenses.--Nothing in this title shall be 
        construed to authorize the head of a Federal agency to require 
        a license, fee, or permit to fish, hunt, or trap on land or 
        water in a State, including on Federal public land in the 
        States, except that this paragraph shall not affect the 
        Migratory Bird Stamp requirement set forth in the Migratory 
        Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et 
        seq.).

SEC. 404. 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 United States 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 United States Fish and Wildlife 
                Service, with regard to United States 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.

SEC. 405. WITHDRAWAL OF EXISTING RULE REGARDING HUNTING AND TRAPPING IN 
                    ALASKA.

  Not later than 30 days after the date of the enactment of this Act, 
the Secretary of the Interior shall withdraw the final rule entitled 
``Alaska; Hunting and Trapping in National Preserves'' and published in 
the Federal Register on October 23, 2015 (80 Fed. Reg. 64325), and 
shall not issue a rule that is substantially similar to that rule.

               TITLE V--FARMER AND HUNTER PROTECTION ACT

SEC. 501. SHORT TITLE.

  This title may be cited as the ``Hunter and Farmer Protection Act''.

SEC. 502. 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 
                        one 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.''.

     TITLE VI--TRANSPORTING BOWS ACROSS NATIONAL PARK SERVICE LANDS

SEC. 601. SHORT TITLE.

  This title may be cited as the ``Hunter Access Corridors Act''.

SEC. 602. BOWHUNTING OPPORTUNITY AND WILDLIFE STEWARDSHIP.

  (a) In General.--Subchapter II of chapter 1015 of title 54, United 
States Code, is amended by adding at the end the following:

``Sec. 101513. Hunter access corridors

  ``(a) Definitions.--In this section:
          ``(1) Not ready for immediate use.--The term `not ready for 
        immediate use' means--
                  ``(A) a bow or crossbow, the arrows of which are 
                secured or stowed in a quiver or other arrow transport 
                case; and
                  ``(B) with respect to a crossbow, uncocked.
          ``(2) Valid hunting license.--The term `valid hunting 
        license' means a State-issued hunting license that authorizes 
        an individual to hunt on private or public land adjacent to the 
        System unit in which the individual is located while in 
        possession of a bow or crossbow that is not ready for immediate 
        use.
  ``(b) Transportation Authorized.--
          ``(1) In general.--The Director shall not require a permit 
        for, or promulgate or enforce any regulation that prohibits an 
        individual from transporting bows and crossbows that are not 
        ready for immediate use across any System unit if--
                  ``(A) in the case of an individual traversing the 
                System unit on foot--
                          ``(i) the individual is not otherwise 
                        prohibited by law from possessing the bows and 
                        crossbows;
                          ``(ii) the bows or crossbows are not ready 
                        for immediate use throughout the period during 
                        which the bows or crossbows are transported 
                        across the System unit;
                          ``(iii) the possession of the bows and 
                        crossbows is in compliance with the law of the 
                        State in which the System unit is located; and
                          ``(iv)(I) the individual possesses a valid 
                        hunting license;
                          ``(II) the individual is traversing the 
                        System unit en route to a hunting access 
                        corridor established under subsection (c)(1); 
                        or
                          ``(III) the individual is traversing the 
                        System unit in compliance with any other 
                        applicable regulations or policies; or
                  ``(B) the bows or crossbows are not ready for 
                immediate use and remain inside a vehicle.
          ``(2) Enforcement.--Nothing in this subsection limits the 
        authority of the Director to enforce laws (including 
        regulations) prohibiting hunting or the taking of wildlife in 
        any System unit.
  ``(c) Establishment of Hunter Access Corridors.--
          ``(1) In general.--On a determination by the Director under 
        paragraph (2), the Director may establish and publish (in 
        accordance with section 1.5 of title 36, Code of Federal 
        Regulations (or a successor regulation)), on a publicly 
        available map, hunter access corridors across System units that 
        are used to access public land that is--
                  ``(A) contiguous to a System unit; and
                  ``(B) open to hunting.
          ``(2) Determination by director.--The determination referred 
        to in paragraph (1) is a determination that the hunter access 
        corridor would provide wildlife management or visitor 
        experience benefits within the boundary of the System unit in 
        which the hunter access corridor is located.
          ``(3) Hunting season.--The hunter access corridors shall be 
        open for use during hunting seasons.
          ``(4) Exception.--The Director may establish limited periods 
        during which access through the hunter access corridors is 
        closed for reasons of public safety, administration, or 
        compliance with applicable law. Such closures shall be clearly 
        marked with signs and dates of closures, and shall not include 
        gates, chains, walls, or other barriers on the hunter access 
        corridor.
          ``(5) Identification of corridors.--The Director shall--
                  ``(A) make information regarding hunter access 
                corridors available on the individual website of the 
                applicable System unit; and
                  ``(B) provide information regarding any processes 
                established by the Director for transporting legally 
                taken game through individual hunter access corridors.
          ``(6) Registration; transportation of game.--The Director 
        may--
                  ``(A) provide registration boxes to be located at the 
                trailhead of each hunter access corridor for self-
                registration;
                  ``(B) provide a process for online self-registration; 
                and
                  ``(C) allow nonmotorized conveyances to transport 
                legally taken game through a hunter access corridor 
                established under this subsection, including game carts 
                and sleds.
          ``(7) Consultation with states.--The Director shall consult 
        with each applicable State wildlife agency to identify 
        appropriate hunter access corridors.
  ``(d) Effect.--Nothing in this section--
          ``(1) diminishes, enlarges, or modifies any Federal or State 
        authority with respect to 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 VII--RESPECT FOR TREATIES AND RIGHTS

SEC. 701. 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 VIII--STATE APPROVAL OF FISHING RESTRICTION

SEC. 801. 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 IX--OPEN BOOK ON EQUAL ACCESS TO JUSTICE

SEC. 901. SHORT TITLE.

  This title may be cited as the ``Open Book on Equal Access to Justice 
Act''.

SEC. 902. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.

  (a) Agency Proceedings.--Section 504 of title 5, United States Code, 
is amended--
          (1) in subsection (c)(1), by striking ``, United States 
        Code'';
          (2) by redesignating subsection (f) as subsection (h);
          (3) by striking subsection (e); and
          (4) by inserting after subsection (d) the following:
  ``(e) The Chairman of the Administrative Conference of the United 
States shall create and maintain online a searchable database 
containing the following information with respect to each award of fees 
and other expenses under this section:
          ``(1) The case name and number of the adversary adjudication, 
        if available.
          ``(2) The name of the agency involved in the adversary 
        adjudication.
          ``(3) A description of the claims in the adversary 
        adjudication.
          ``(4) The name of each party to whom the award was made, as 
        such party is identified in the order or other agency document 
        making the award.
          ``(5) The amount of the award.
          ``(6) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
  ``(f) The online searchable database described in subsection (e) may 
not reveal any information the disclosure of which is prohibited by law 
or court order.
  ``(g) The head of each agency shall provide to the Chairman of the 
Administrative Conference of the United States, no later than 60 days 
following the Chairman's request, all information requested by the 
Chairman to comply with the requirements of subsections (e) and (f).''.
  (b) Court Cases.--Section 2412(d) of title 28, United States Code, is 
amended by adding at the end the following:
  ``(5) The Chairman of the Administrative Conference shall create and 
maintain online a searchable database containing the following 
information with respect to each award of fees and other expenses under 
this section:
          ``(A) The case name and number.
          ``(B) The name of the agency involved in the case.
          ``(C) The name of each party to whom the award was made, as 
        such party is identified in the order or other court document 
        making the award.
          ``(D) A description of the claims in the case.
          ``(E) The amount of the award.
          ``(F) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
  ``(6) The online searchable database described in paragraph (5) may 
not reveal any information the disclosure of which is prohibited by law 
or court order.
  ``(7) The head of each agency (including the Attorney General of the 
United States) shall provide to the Chairman of the Administrative 
Conference of the United States, no later than 60 days following the 
Chairman's request, all information requested by the Chairman to comply 
with the requirements of paragraphs (5) and (6).''.
  (c) Clerical Amendments.--Section 2412 of title 28, United States 
Code, is amended--
          (1) in subsection (d)(3), by striking ``United States 
        Code,''; and
          (2) in subsection (e)--
                  (A) by striking ``of section 2412 of title 28, United 
                States Code,'' and inserting ``of this section''; and
                  (B) by striking ``of such title'' and inserting ``of 
                this title''.
  (d) Effective Date.--
          (1) In general.--The amendments made by subsections (a) and 
        (b) shall first apply with respect to awards of fees and other 
        expenses that are made on or after the date of the enactment of 
        this Act.
          (2) Online databases.--The online databases required by 
        section 504(e) of title 5, United States Code, and section 
        2412(d)(5) of title 28, United States Code, shall be 
        established as soon as practicable after the date of the 
        enactment of this Act, but in no case later than 1 year after 
        the date of the enactment of this Act.

              TITLE X--GOOD SAMARITAN SEARCH AND RECOVERY

SEC. 1001. SHORT TITLE.

  This title may be cited as the ``Good Samaritan Search and Recovery 
Act''.

SEC. 1002. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.

  (a) Definitions.--In this section:
          (1) Eligible.--The term ``eligible'', with respect to an 
        organization or individual, means that the organization or 
        individual, respectively, is--
                  (A) acting in a not-for-profit capacity; and
                  (B) composed entirely of members who, at the time of 
                the good Samaritan search-and-recovery mission, have 
                attained the age of majority under the law of the State 
                where the mission takes place.
          (2) Good samaritan search-and-recovery mission.--The term 
        ``good Samaritan search-and-recovery mission'' means a search 
        conducted by an eligible organization or individual for one or 
        more missing individuals believed to be deceased at the time 
        that the search is initiated.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior or the Secretary of Agriculture, as applicable.
  (b) Process.--
          (1) In general.--Each Secretary shall develop and implement a 
        process to expedite access to Federal land under the 
        administrative jurisdiction of the Secretary for eligible 
        organizations and individuals to request access to Federal land 
        to conduct good Samaritan search-and-recovery missions.
          (2) Inclusions.--The process developed and implemented under 
        this subsection shall include provisions to clarify that--
                  (A) an eligible organization or individual granted 
                access under this section--
                          (i) shall be acting for private purposes; and
                          (ii) shall not be considered to be a Federal 
                        volunteer;
                  (B) an eligible organization or individual conducting 
                a good Samaritan search-and-recovery mission under this 
                section shall not be considered to be a volunteer under 
                section 102301(c) of title 54, United States Code;
                  (C) chapter 171 of title 28, United States Code 
                (commonly known as the ``Federal Tort Claims Act''), 
                shall not apply to an eligible organization or 
                individual carrying out a privately requested good 
                Samaritan search-and-recovery mission under this 
                section; and
                  (D) chapter 81 of title 5, United States Code 
                (commonly known as the ``Federal Employees' 
                Compensation Act''), shall not apply to an eligible 
                organization or individual conducting a good Samaritan 
                search-and-recovery mission under this section, and the 
                conduct of the good Samaritan search-and-recovery 
                mission shall not constitute civilian employment.
  (c) Release of Federal Government From Liability.--The Secretary 
shall not require an eligible organization or individual to have 
liability insurance as a condition of accessing Federal land under this 
section, if the eligible organization or individual--
          (1) acknowledges and consents, in writing, to the provisions 
        described in subparagraphs (A) through (D) of subsection 
        (b)(2); and
          (2) signs a waiver releasing the Federal Government from all 
        liability relating to the access granted under this section and 
        agrees to indemnify and hold harmless the United States from 
        any claims or lawsuits arising from any conduct by the eligible 
        organization or individual on Federal land.
  (d) Approval and Denial of Requests.--
          (1) In general.--The Secretary shall notify an eligible 
        organization or individual of the approval or denial of a 
        request by the eligible organization or individual to carry out 
        a good Samaritan search-and-recovery mission under this section 
        by not later than 48 hours after the request is made.
          (2) Denials.--If the Secretary denies a request from an 
        eligible organization or individual to carry out a good 
        Samaritan search-and-recovery mission under this section, the 
        Secretary shall notify the eligible organization or individual 
        of--
                  (A) the reason for the denial of the request; and
                  (B) any actions that the eligible organization or 
                individual can take to meet the requirements for the 
                request to be approved.
  (e) Partnerships.--Each Secretary shall develop search-and-recovery-
focused partnerships with search-and-recovery organizations--
          (1) to coordinate good Samaritan search-and-recovery missions 
        on Federal land under the administrative jurisdiction of the 
        Secretary; and
          (2) to expedite and accelerate good Samaritan search-and-
        recovery mission efforts for missing individuals on Federal 
        land under the administrative jurisdiction of the Secretary.
  (f) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretaries shall submit to Congress a joint report 
describing--
          (1) plans to develop partnerships described in subsection 
        (e)(1); and
          (2) efforts carried out to expedite and accelerate good 
        Samaritan search-and-recovery mission efforts for missing 
        individuals on Federal land under the administrative 
        jurisdiction of each Secretary pursuant to subsection (e)(2).

     TITLE XI--INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION

SEC. 1101. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

  (a) In General.--Section 926A of title 18, United States Code, is 
amended to read as follows:

``Sec. 926A. Interstate transportation of firearms or ammunition

  ``(a) Notwithstanding any provision of any law, rule, or regulation 
of a State or any political subdivision thereof:
          ``(1) A person who is not prohibited by this chapter from 
        possessing, transporting, shipping, or receiving a firearm or 
        ammunition shall be entitled to transport a firearm for any 
        lawful purpose from any place where the person may lawfully 
        possess, carry, or transport the firearm to any other such 
        place if, during the transportation, the firearm is unloaded, 
        and--
                  ``(A) if the transportation is by motor vehicle, the 
                firearm is--
                          ``(i) not directly accessible from the 
                        passenger compartment of the vehicle;
                          ``(ii) in a locked container other than the 
                        glove compartment or console; or
                          ``(iii) secured by a secure gun storage or 
                        safety device; or
                  ``(B) if the transportation is by other means, the 
                firearm is in a locked container or secured by a secure 
                gun storage or safety device.
          ``(2) A person who is not prohibited by this chapter from 
        possessing, transporting, shipping, or receiving a firearm or 
        ammunition shall be entitled to transport ammunition for any 
        lawful purpose from any place where the person may lawfully 
        possess, carry, or transport the ammunition, to any other such 
        place if, during the transportation, the ammunition is not 
        loaded into a firearm, and--
                  ``(A) if the transportation is by motor vehicle, the 
                ammunition is--
                          ``(i) not directly accessible from the 
                        passenger compartment of the vehicle; or
                          ``(ii) is in a locked container other than 
                        the glove compartment or console; or
                  ``(B) if the transportation is by other means, the 
                ammunition is in a locked container.
  ``(b) In subsection (a), the term `transport' includes staying in 
temporary lodging overnight, stopping for food, fuel, vehicle 
maintenance, an emergency, medical treatment, and any other activity 
incidental to the transport.
  ``(c)(1) A person who is transporting a firearm or ammunition may not 
be arrested or otherwise detained for violation of any law or any rule 
or regulation of a State or any political subdivision thereof related 
to the possession, transportation, or carrying of firearms, unless 
there is probable cause to believe that the person is doing so in a 
manner not provided for in subsection (a).
  ``(2) When a person asserts this section as a defense in a criminal 
proceeding, the prosecution shall bear the burden of proving, beyond a 
reasonable doubt, that the conduct of the person did not satisfy the 
conditions set forth in subsection (a).
  ``(3) When a person successfully asserts this section as a defense in 
a criminal proceeding, the court shall award the prevailing defendant a 
reasonable attorney's fee.
  ``(d)(1) A person who is deprived of any right, privilege, or 
immunity secured by this section, section 926B or 926C, under color of 
any statute, ordinance, regulation, custom, or usage of any State or 
any political subdivision thereof, may bring an action in any 
appropriate court against any other person, including a State or 
political subdivision thereof, who causes the person to be subject to 
the deprivation, for damages and other appropriate relief.
  ``(2) The court shall award a plaintiff prevailing in an action 
brought under paragraph (1) damages and such other relief as the court 
deems appropriate, including a reasonable attorney's fee.''.
  (b) Clerical Amendment.--The table of sections for such chapter is 
amended in the item relating to section 926A by striking ``firearms'' 
and inserting ``firearms or ammunition''.

          TITLE XII--POLAR BEAR CONSERVATION AND FAIRNESS ACT

SEC. 1201. SHORT TITLE.

  This title may be cited as the ``Polar Bear Conservation and Fairness 
Act''.

SEC. 1202. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN 
                    SPORT HUNTS IN CANADA.

  Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1374(c)(5)(D)) is amended to read as follows:
          ``(D)(i) The Secretary of the Interior shall, expeditiously 
        after the expiration of the applicable 30-day period under 
        subsection (d)(2), issue a permit for the importation of any 
        polar bear part (other than an internal organ) from a polar 
        bear taken in a sport hunt in Canada to any person--
                  ``(I) who submits, with the permit application, proof 
                that the polar bear was legally harvested by the person 
                before February 18, 1997; or
                  ``(II) who has submitted, in support of a permit 
                application submitted before May 15, 2008, proof that 
                the polar bear was legally harvested by the person 
                before May 15, 2008, from a polar bear population from 
                which a sport-hunted trophy could be imported before 
                that date in accordance with section 18.30(i) of title 
                50, Code of Federal Regulations.
          ``(ii) The Secretary shall issue permits under clause (i)(I) 
        without regard to subparagraphs (A) and (C)(ii) of this 
        paragraph, subsection (d)(3), and sections 101 and 102. 
        Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the 
        importation of any polar bear part authorized by a permit 
        issued under clause (i)(I). This clause shall not apply to 
        polar bear parts that were imported before June 12, 1997.
          ``(iii) The Secretary shall issue permits under clause 
        (i)(II) without regard to subparagraph (C)(ii) of this 
        paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 
        102(b)(3) shall not apply to the importation of any polar bear 
        part authorized by a permit issued under clause (i)(II). This 
        clause shall not apply to polar bear parts that were imported 
        before the date of enactment of the Polar Bear Conservation and 
        Fairness Act.''.

       TITLE XIII--NORTH AMERICAN WETLANDS CONSERVATION EXTENSION

SEC. 1301. SHORT TITLE.

  This title may be cited as the ``North American Wetlands Conservation 
Extension Act''.

SEC. 1302. AUTHORIZATION OF APPROPRIATIONS.

  Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended by striking ``not to exceed--'' and all that 
follows through paragraph (5) and inserting ``not to exceed $50,000,000 
for each of fiscal years 2018 through 2022.''.

SEC. 1303. LIMITATION ON EXPENDITURES FOR PURCHASE OF LAND.

  (a) Limitation.--Section 6 of the North American Wetlands 
Conservation Act (16 U.S.C. 4405) is amended by adding at the end the 
following:
  ``(c) Limitation on Expenditures for Purchase of Land.--Amounts 
appropriated under this Act may not be used by the Secretary to 
purchase land that will be administered by the United States.''.
  (b) Application.--The amendment made by subsection (a) shall not 
apply with respect to any specific land acquisition required by 
contract or other agreement entered into before the date of enactment 
of this Act.

SEC. 1304. ENHANCED REPORT ON EXPENDITURES.

  Section 10(2) of the North American Wetlands Conservation Act (16 
U.S.C. 4409(2)) is amended to read as follows:
          ``(2) an annual assessment of the status of wetlands 
        conservation projects, including an accounting of--
                  ``(A) expenditures by Federal, State, and other 
                United States entities;
                  ``(B) expenditures made for fee-simple acquisition of 
                Federal lands in the United States; and
                  ``(C) expenditures by Canadian and Mexican sources to 
                carry out wetland projects funded under this Act.''.

                         TITLE XIV--GRAY WOLVES

SEC. 1401. REISSUANCE OF FINAL RULES RELATING TO GRAY WOLVES IN THE 
                    WESTERN GREAT LAKES AND THE STATE OF WYOMING.

  (a) In General.--Notwithstanding any other provision of law, not 
later than 60 days after the date of enactment of this Act, the 
Secretary of the Interior shall reissue--
          (1) the final rule entitled ``Endangered and Threatened 
        Wildlife and Plants; Revising the Listing of the Gray Wolf 
        (Canis lupus) in the Western Great Lakes'' (76 Fed. Reg. 81666 
        (December 28, 2011)); and
          (2) the final rule entitled ``Endangered and Threatened 
        Wildlife and Plants; Removal of the Gray Wolf in Wyoming From 
        the Federal List of Endangered and Threatened Wildlife and 
        Removal of the Wyoming Wolf Population's Status as an 
        Experimental Population'' (77 Fed. Reg. 55530 (September 10, 
        2012)).
  (b) No Judicial Review.--The reissuance of the final rules described 
in subsection (a) shall not be subject to judicial review.

                      TITLE XV--HEARING PROTECTION

SEC. 1501. SHORT TITLE.

  This title may be cited as the ``Hearing Protection Act''.

SEC. 1502. EQUAL TREATMENT OF SILENCERS AND FIREARMS.

  (a) In General.--Section 5845(a) of the Internal Revenue Code of 1986 
is amended by striking ``(7) any silencer'' and all that follows 
through ``; and (8)'' and inserting ``and (7)''.
  (b) Effective Date.--The amendment made by this section shall apply 
to calendar quarters beginning more than 90 days after the date of the 
enactment of this Act.

SEC. 1503. TREATMENT OF CERTAIN SILENCERS.

  Section 5841 of the Internal Revenue Code of 1986 is amended by 
adding at the end the following:
  ``(f) Firearm Silencers.--A person acquiring or possessing a firearm 
silencer in accordance with chapter 44 of title 18, United States Code, 
shall be treated as meeting any registration and licensing requirements 
of the National Firearms Act with respect to such silencer.''.

SEC. 1504. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO FIREARM 
                    SILENCERS.

  Section 927 of title 18, United States Code, is amended by adding at 
the end the following: ``Notwithstanding the preceding sentence, a law 
of a State or a political subdivision of a State that imposes a tax, 
other than a generally applicable sales or use tax, on making, 
transferring, using, possessing, or transporting a firearm silencer in 
or affecting interstate or foreign commerce, or imposes a marking, 
recordkeeping or registration requirement with respect to such a 
firearm silencer, shall have no force or effect.''.

SEC. 1505. DESTRUCTION OF RECORDS.

  Not later than 365 days after the date of the enactment of this Act, 
the Attorney General shall destroy any registration of a silencer 
maintained in the National Firearms Registration and Transfer Record 
pursuant to section 5841 of the Internal Revenue Code of 1986, any 
application to transfer filed under section 5812 of the Internal 
Revenue Code of 1986 that identifies the transferee of a silencer, and 
any application to make filed under section 5822 of the Internal 
Revenue Code of 1986 that identifies the maker of a silencer.

SEC. 1506. AMENDMENTS TO TITLE 18, UNITED STATES CODE.

  Title 18, United States Code, is amended--
          (1) in section 921(a), by striking paragraph (24) and 
        inserting the following:
  ``(24)(A) The terms `firearm silencer' and `firearm muffler' mean any 
device for silencing, muffling, or diminishing the report of a portable 
firearm, including the `keystone part' of such a device.
  ``(B) The term `keystone part' means, with respect to a firearm 
silencer or firearm muffler, an externally visible part of a firearm 
silencer or firearm muffler, without which a device capable of 
silencing, muffling, or diminishing the report of a portable firearm 
cannot be assembled, but the term does not include any interchangeable 
parts designed to mount a firearm silencer or firearm muffler to a 
portable firearm.'';
          (2) in section 922(b)--
                  (A) in paragraph (1), by striking ``shotgun or 
                rifle'' the first place it appears and inserting 
                ``shotgun, rifle, firearm silencer or firearm 
                muffler''; and
                  (B) in paragraph (3), by striking ``rifle or 
                shotgun'' and inserting ``shotgun, rifle, firearm 
                silencer or firearm muffler''; and
          (3) in section 923(i)--
                  (A) by striking ``Licensed'' and inserting the 
                following:
  ``(1) In the case of a firearm other than a firearm silencer or 
firearm muffler, licensed''; and
                  (B) by adding at the end the following:
  ``(2) In the case of a firearm silencer or firearm muffler, licensed 
importers and licensed manufacturers shall identify by means of a 
serial number engraved or cast on the keystone part of the firearm 
silencer or firearm muffler, in such manner as the Attorney General 
shall by regulations prescribe, each firearm silencer or firearm 
muffler imported or manufactured by such importer or manufacturer, 
except that, if a firearm silencer or firearm muffler does not have a 
clearly identifiable keystone part or has multiple keystone parts, 
licensed importers or licensed manufacturers shall submit a request for 
a marking variance to the Attorney General. The Attorney General shall 
grant such a request except on showing good cause that marking the 
firearm silencer or firearm muffler as requested would not further the 
purposes of this chapter.''.

SEC. 1507. IMPOSITION OF TAX ON FIREARM SILENCERS OR FIREARM MUFFLERS.

  (a) In General.--Section 4181 of the Internal Revenue Code of 1986 is 
amended by adding at the end of the list relating to ``Articles taxable 
at 10 percent'' the following:
  ``Firearm silencers or firearm mufflers.''.
  (b) Firearm Silencers; Firearm Mufflers.--Section 4181 of such Code 
is amended by adding at the end the following:
``For purposes of this part, the terms `firearm silencer' and `firearm 
muffler' mean any device for silencing, muffling, or diminishing the 
report of a portable firearm.''.
  (c) Conforming Amendments.--
          (1) Section 4181 of such Code is amended by striking ``other 
        than pistols and revolvers'' and inserting ``other than 
        articles taxable at 10 percent under this section''.
          (2) Section 4182(b) of such Code is amended by striking 
        ``firearms, pistols, revolvers, shells, and cartridges'' and 
        inserting ``articles described in section 4181 and''.
          (3) Section 4182(c)(1) of such Code is amended by striking 
        ``or firearm'' and inserting ``firearm, firearm silencer, or 
        firearm muffler,''.
  (d) Effective Date.--The amendments made by this section shall apply 
to articles sold by the manufacturer, producer, or importer in any 
calendar quarter beginning more than 90 days after the date of the 
enactment of this Act.

               TITLE XVI--LAWFUL PURPOSE AND SELF-DEFENSE

SEC. 1601. SHORT TITLE.

  This Act may be cited as the ``Lawful Purpose and Self Defense Act''.

SEC. 1602. ELIMINATION OF AUTHORITY TO RECLASSIFY POPULAR RIFLE 
                    AMMUNITION AS ``ARMOR PIERCING AMMUNITION''.

  Section 921(a)(17) of title 18, United States Code, is amended--
          (1) in subparagraph (B)(i), by striking ``may be used'' and 
        inserting ``is designed and intended by the manufacturer or 
        importer for use'';
          (2) in subparagraph (B)(ii), by inserting ``by the 
        manufacturer or importer'' before ``for use''; and
          (3) in subparagraph (C), by striking ``the Attorney General 
        finds is primarily intended to be used for sporting purposes'' 
        and inserting ``is primarily intended by the manufacturer or 
        importer to be used in a rifle or shotgun, a handgun projectile 
        that is designed and intended by the manufacturer or importer 
        to be used for hunting, recreational, or competitive 
        shooting''.

SEC. 1603. ELIMINATION OF RESTRICTIONS ON IMPORTATION OF NON-NATIONAL 
                    FIREARMS ACT FIREARM OR AMMUNITION THAT MAY 
                    OTHERWISE BE LAWFULLY POSSESSED AND SOLD IN THE 
                    UNITED STATES.

  (a) Elimination of Prohibitions.--Section 922 of title 18, United 
States Code, is amended--
          (1) in subsection (a), by striking paragraph (7) and 
        inserting the following:
          ``(7) for any person to manufacture or import armor piercing 
        ammunition, unless the manufacture or importation of the 
        ammunition--
                  ``(A) is for the use of the United States, any 
                department or agency of the United States, any State, 
                or any department, agency, or political subdivision of 
                a State;
                  ``(B) is for the purpose of exportation; or
                  ``(C) is for the purpose of testing or 
                experimentation, and has been authorized by the 
                Attorney General;'';
          (2) in subsection (l), by striking ``925(d) of this chapter'' 
        and inserting ``925''; and
          (3) by striking subsection (r).
  (b) Broadening of Exceptions.--Section 925 of such title is amended--
          (1) in subsection (a)(3), by striking ``determined'' and all 
        that follows through the end and inserting ``intended for the 
        lawful personal use of such member or club.'';
          (2) in subsection (a)(4), by striking ``(A)'' and all that 
        follows through ``for the'' and inserting ``intended for the 
        lawful''; and
          (3) by striking subsections (d) through (f) and inserting the 
        following:
  ``(d)(1) Within 30 days after the Attorney General receives an 
application therefor, the Attorney General shall authorize a firearm or 
ammunition to be imported or brought into the United States or any 
possession thereof if--
          ``(A) the firearm or ammunition is being imported or brought 
        in for scientific, research, testing, or experimentation 
        purposes;
          ``(B) the firearm is an unserviceable firearm (other than a 
        machine gun as defined in section 5845(b) of the Internal 
        Revenue Code of 1986 that is readily restorable to firing 
        condition) imported or brought in as a curio or museum piece;
          ``(C) the firearm is not a firearm as defined in section 
        5845(a) of the Internal Revenue Code of 1986;
          ``(D) the ammunition is not armor piercing ammunition (as 
        defined in section 921(a)(17)(B) of this title), unless 
        subparagraph (A), (E), (F), or (G) applies;
          ``(E) the firearm or ammunition is being imported or brought 
        in for the use of the United States, any department or agency 
        of the United States, any State, or any department, agency, or 
        political subdivision of a State;
          ``(F) the firearm or ammunition is being imported or brought 
        in for the purpose of exportation;
          ``(G) the firearm or ammunition was previously taken out of 
        the United States or a possession thereof by the person who is 
        bringing in the firearm or ammunition; or
          ``(H) the firearm is a firearm defined as curio or relic by 
        the Attorney General under section 921(a)(13) of this title.
  ``(2) Within 30 days after the Attorney General receives an 
application therefor, the Attorney General shall permit the conditional 
importation or bringing in of a firearm or ammunition for examination 
and testing in connection with the making of a determination as to 
whether the importation or bringing in of the firearm or ammunition 
will be allowed under this subsection.
  ``(3) The Attorney General shall not authorize, under this 
subsection, the importation of any firearm the importation of which is 
prohibited by section 922(p).''.

SEC. 1604. PROTECTION OF SHOTGUNS, SHOTGUN SHELLS, AND LARGE CALIBER 
                    RIFLES FROM ARBITRARY CLASSIFICATION AS 
                    ``DESTRUCTIVE DEVICES''.

  (a) Amendments to the National Firearms Act.--Section 5845(f) of the 
Internal Revenue Code of 1986 is amended--
          (1) in paragraph (2), by striking ``recognized as 
        particularly suitable for sporting purposes'' and inserting 
        ``recognized as suitable for lawful purposes''; and
          (2) by striking ``use solely for sporting purposes'' and 
        inserting ``use for sporting purposes''.
  (b) Amendments to Title 18, United States Code.--Section 921(a)(4) of 
title 18, United States Code, is amended--
          (1) in subparagraph (B) of the first sentence, by striking 
        ``particularly suitable for sporting'' and inserting ``suitable 
        for lawful''; and
          (2) in the second sentence, by striking ``solely''.

SEC. 1605. BROADENING OF THE TEMPORARY INTERSTATE TRANSFER PROVISION TO 
                    ALLOW TEMPORARY TRANSFERS FOR ALL LAWFUL PURPOSES 
                    RATHER THAN JUST FOR ``SPORTING PURPOSES''.

  Section 922 of title 18, United States Code, is amended in each of 
subsections (a)(5)(B), (a)(9), and (b)(3)(B), by striking ``sporting''.

 TITLE XVII--FEDERAL LAND TRANSACTION FACILITATION ACT REAUTHORIZATION 
                                (FLTFA)

SEC. 1701. SHORT TITLE.

  This title may be cited as the ``Federal Land Transaction 
Facilitation Act Reauthorization''.

SEC. 1702. 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 at the end and 
                inserting the following: ``section 206--
          ``(1) to complete appraisals and satisfy other legal 
        requirements for the sale or exchange of public land identified 
        for disposal under approved land use plans under section 202 of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1712);
          ``(2) not later than 180 days after the date of the enactment 
        of the Federal Land Transaction Facilitation Act 
        Reauthorization, to establish and make available to the public, 
        on the website of the Department of the Interior, a database 
        containing a comprehensive list of all the land referred to in 
        paragraph (1); and
          ``(3) to maintain the database referred to in paragraph 
        (2).''; and
                  (B) in subsection (d), by striking ``11'' and 
                inserting ``22'';
          (4) by amending section 206(c)(1) (43 U.S.C. 2305(c)(1)) to 
        read as follows:
          ``(1) Use of funds.--
                  ``(A) In general.--Funds in the Federal Land Disposal 
                Account shall be expended, subject to appropriation, in 
                accordance with this subsection.
                  ``(B) Purposes.--Except as authorized under paragraph 
                (2), funds in the Federal Land Disposal Account shall 
                be used for one or more of the following purposes:
                          ``(i) To purchase lands or interests therein 
                        that are otherwise authorized by law to be 
                        acquired and are one or more of the following:
                                  ``(I) Inholdings.
                                  ``(II) Adjacent to federally 
                                designated areas and contain 
                                exceptional resources.
                                  ``(III) Provide opportunities for 
                                hunting, recreational fishing, 
                                recreational shooting, and other 
                                recreational activities.
                                  ``(IV) Likely to aid in the 
                                performance of deferred maintenance or 
                                the reduction of operation and 
                                maintenance costs or other deferred 
                                costs.
                          ``(ii) To perform deferred maintenance or 
                        other maintenance activities that enhance 
                        opportunities for recreational access.'';
          (5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))--
                  (A) by striking subparagraph (A);
                  (B) by redesignating subparagraphs (B), (C), and (D) 
                as subparagraphs (A), (B), and (C), respectively;
                  (C) in subparagraph (C) (as so redesignated by this 
                paragraph)--
                          (i) by striking ``purchases'' and inserting 
                        ``land purchases and performance of deferred 
                        maintenance activities'';
                          (ii) by striking ``subparagraph (C)'' and 
                        inserting ``subparagraph (B)''; and
                          (iii) by inserting ``for the activities 
                        outlined in paragraph (1)'' 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 XVIII--FILM CREWS

SEC. 1801. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.

  Section 100905 of title 54, United States Code, is amended as 
follows:
          (1) In subsection (a)--
                  (A) in paragraph (1), by striking ``provide a fair 
                return to the United States'' and inserting ``be 
                sufficient to cover the cost of a film permit and other 
                administrative and personnel costs''; and
                  (B) by adding at the end the following:
          ``(3) Film crew of 5 persons or fewer.--For a commercial film 
        crew of 5 persons or fewer for commercial filming activities or 
        similar projects on Federal land and waters administered by the 
        Secretary the Secretary shall--
                  ``(A) assess an annual fee in an amount sufficient to 
                cover the administrative cost of issuing a permit under 
                this section, but not greater than $200; and
                  ``(B) require a permit which 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.''.
          (2) By striking subsection (b) and redesignating subsections 
        (c), (d), (e), and (f) as subsections (b), (c), (d), and (e), 
        respectively.
          (3) In subsection (b), as redesignated by this section, by 
        adding at the end the following:
          ``(3) Still photography crew of 5 persons or fewer.--The fee 
        under this paragraph for a still photography crew of 5 persons 
        or fewer shall be not more than $200.''.
          (4) In subsection (e), as redesignated by this section--
                  (A) by striking ``The Secretary'' and inserting the 
                following:
          ``(1) Timing.--The Secretary''; and
                  (B) by adding at the end the following:
          ``(2) Criteria.--The Secretary shall not consider subject 
        matter or content as a criterion for issuing or denying a 
        permit under this Act.''.
          (5) By adding at the end the following:
  ``(f) Exemption From Commercial Filming or Still Photography Permits 
and Fees.--The Secretary shall not require persons holding commercial 
use authorizations or special recreation permits to obtain an 
additional permit or pay an additional fee for commercial filming or 
still photography under this section if--
          ``(1) the filming or still photography conducted is 
        incidental to the permitted activity that is the subject of the 
        commercial use authorization or special recreation permit; and
          ``(2) the holder of the commercial use authorization or 
        special recreation permit is an individual or small business 
        concern (within the meaning of section 3 of the Small Business 
        Act (15 U.S.C. 632)).
  ``(g) News Gathering Activities.--For the purposes of this section, a 
news gathering shall not be considered a commercial activity.
  ``(h) Definitions.--For the purposes of this section--
          ``(1) the term `commercial film crew' means any persons 
        present on Federal land or water under the jurisdiction of the 
        Secretary who are associated with the production of a film;
          ``(2) the term `news gathering' means the gathering, 
        recording, and filming of news and information related to news 
        in any medium; and
          ``(3) the term `Secretary' means the Secretary of the 
        Interior or the Secretary of Agriculture, as applicable, with 
        respect to land under the respective jurisdiction of such 
        Secretary.''.

       TITLE XIX--RESPECT FOR STATE WILDLIFE MANAGEMENT AUTHORITY

SEC. 1901. AUTHORITY OF THE STATES.

  Nothing in this Act 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 on land or water within 
the State, including on Federal land administered by the Bureau of Land 
Management or the Forest Service.

SEC. 1902. FEDERAL LICENSES.

  Nothing in this Act, shall be construed to authorize the head of a 
Federal agency to require a license, fee, or permit to fish, hunt, or 
trap on land or water in a State, including on Federal land in the 
State, except that this paragraph shall not affect the Migratory Bird 
Stamp requirement set forth in the Migratory Bird Hunting and 
Conservation Stamp Act (16 U.S.C. 718 et seq.).

SEC. 1903. COOPERATION WITH STATE FISH AND WILDLIFE AGENCIES ON 
                    MANAGEMENT PLANS.

  (a) Use of State Fish and Wildlife Data and Analyses.--The Secretary 
of the Interior and the Secretary of Agriculture shall prioritize 
coordination, consultation, and cooperation with the appropriate State 
fish and wildlife agencies and local governments to recognize and fully 
utilize State and local government fish and wildlife data and analyses, 
unless it is determined by the State or local government that such data 
is proprietary or protected from disclosure under State law, as a 
primary source to inform--
          (1) land and resource management plans for units of the 
        National Forest System developed under section 6 of the Forest 
        and Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1604);
          (2) land use plans developed under section 202 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1712);
          (3) comprehensive conservation plans developed under section 
        4 of the National Wildlife Refuge System Administration Act of 
        1966 (16 U.S.C. 668dd);
          (4) project planning and execution; and
          (5) related natural resource policies and decisions.
  (b) Sharing Data.--Federal agencies shall evaluate and utilize 
existing analysis of data on fish and wildlife populations prepared by 
appropriate State or local governments and share Federal data with fish 
and wildlife managers and local governments.

              TITLE XX--GRAND CANYON BISON MANAGEMENT ACT

SEC. 2001. SHORT TITLE.

  This title may be cited as the ``Grand Canyon Bison Management Act''.

SEC. 2002. DEFINITIONS.

  In this title:
          (1) Full bison.--The term ``full bison'' means all of the 
        remains of a bison after field dressing.
          (2) Management plan.--The term ``management plan'' means the 
        management plan published under section 2003(a).
          (3) Park.--The term ``Park'' means the Grand Canyon National 
        Park.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (5) 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. 2003. 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 section 4 of the Act of March 
2, 1929 (16 U.S.C. 198c) or any other provision of law, a skilled 
public volunteer may remove from the Park a full bison harvested in 
accordance with the management plan.
  (c) Coordination.--The Secretary shall coordinate with and obtain 
written approval from the Arizona Game and Fish Commission regarding 
the development and finalization of the management plan and any 
amendments to 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 Act applies to the taking of 
wildlife in the Park for any purpose other than the implementation of 
the management plan.

                    TITLE XXI--GUIDES AND OUTFITTERS

SEC. 2101. SHORT TITLE; DEFINITIONS.

  (a) Short Title.--This title may be cited as the ``Guides and 
Outfitters Act'' or the ``GO Act''.
  (b) Definitions.--In this title:
          (1) Secretary.--The term ``Secretary'' means--
                  (A) the Secretary of the Interior, with respect to a 
                Federal land management agency (other than the Forest 
                Service); and
                  (B) the Secretary of Agriculture, with respect to the 
                Forest Service.
          (2) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture 
        acting jointly.

SEC. 2102. SPECIAL RECREATION PERMIT AND FEE.

  Subsection (h) of section 803 of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6802) is amended to read as follows:
  ``(h) Special Recreation Permit and Fee.--
          ``(1) In general.--The Secretary may--
                  ``(A) issue a special recreation permit for Federal 
                recreational lands and waters; and
                  ``(B) charge a special recreation permit fee in 
                connection with the issuance of the permit.
          ``(2) Special recreation permits.--The Secretary may issue 
        special recreation permits in the following circumstances:
                  ``(A) For specialized individual and group use of 
                Federal facilities and Federal recreational lands and 
                waters, such as, but not limited to, use of special 
                areas or areas where use is allocated, motorized 
                recreational vehicle use, and group activities or 
                events.
                  ``(B) To recreation service providers who conduct 
                outfitting, guiding, and other recreation services on 
                Federal recreational lands and waters managed by the 
                Forest Service, Bureau of Land Management, Bureau of 
                Reclamation, or the United States Fish and Wildlife 
                Service.
                  ``(C) To recreation service providers who conduct 
                recreation or competitive events, which may involve 
                incidental sales on Federal recreational lands and 
                waters managed by the Forest Service, Bureau of Land 
                Management, Bureau of Reclamation, or the United States 
                Fish and Wildlife Service.
          ``(3) Reduction in federal costs and duplication of 
        analysis.--
                  ``(A) In general.--The issuance of a new special 
                recreation permit for activities under paragraph (2) 
                shall be categorically excluded from further analysis 
                and documentation under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the 
                proposed use is the same as or similar to a previously 
                authorized use and the Secretary determines that such 
                issuance does not have significant environmental 
                effects based upon application of the extraordinary 
                circumstances procedures established by the Secretary 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                  ``(B) Definition.--For the purposes of this 
                paragraph, the term `similar' means--
                          ``(i) substantially similar in type, nature, 
                        and scope; and
                          ``(ii) will not result in significant new 
                        impacts.
          ``(4) Relation to fees for use of highways or roads.--An 
        entity that pays a special recreation permit fee shall not be 
        subject to a road cost-sharing fee or a fee for the use of 
        highways or roads that are open to private, noncommercial use 
        within the boundaries of any Federal recreational lands or 
        waters, as authorized under section 6 of Public Law 88-657 (16 
        U.S.C. 537).''.

SEC. 2103. PERMIT ACROSS MULTIPLE JURISDICTIONS.

  (a) In General.--In the case of an activity requiring permits 
pursuant to subsection (h) of section 803 of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6802) for use of lands managed by 
both the Forest Service and the Bureau of Land Management--
          (1) the Secretaries may issue a joint permit based upon a 
        single application to both agencies when issuance of a joint 
        permit based upon a single application will lower processing 
        and other administration costs for the permittee, provided that 
        the permit applicant shall have the option to apply for 
        separate permits rather than a joint permit; and
          (2) the permit application required under paragraph (1) shall 
        be--
                  (A) the application required by the lead agency; and
                  (B) submitted to the lead agency.
  (b) Requirements of the Lead Agency.--The lead agency for a permit 
under subsection (a) shall--
          (1) coordinate with the associated agencies, consistent with 
        the authority of the Secretaries under section 330 of the 
        Department of the Interior and Related Agencies Appropriations 
        Act, 2001 (43 U.S.C. 1703), to develop and issue the single, 
        joint permit that covers the entirety of the trip;
          (2) in processing the joint permit application, incorporate 
        the findings, interests, and needs of the associated agencies, 
        provided that such coordination shall not be subject to cost 
        recovery; and
          (3) complete the permitting process within a reasonable time 
        after receiving the permit application.
  (c) Effect on Regulations.--Nothing in this section shall alter, 
expand, or limit the applicability of any Federal law (including 
regulations) to lands administered by the relevant Federal agencies.
  (d) Definitions.--In this section:
          (1) Associated agency.--The term ``associated agency'' means 
        an agency that manages the land on which the trip of the 
        special recreation permit applicant will enter after leaving 
        the land managed by the lead agency.
          (2) Lead agency.--The term ``lead agency'' means the agency 
        that manages the land on which the trip of the special 
        recreation permit applicant will begin.

SEC. 2104. GUIDELINES AND PERMIT FEE CALCULATION.

  (a) Guidelines and Exclusion of Certain Revenues.--The Secretary 
shall--
          (1) publish guidelines in the Federal Register for 
        establishing recreation permit fees; and
          (2) provide appropriate deductions from gross revenues used 
        as the basis for the fees established under paragraph (1) for--
                  (A) revenue from goods, services, and activities 
                provided by a recreation service provider outside 
                Federal recreational lands and waters, such as costs 
                for transportation, lodging, and other services before 
                or after a trip; and
                  (B) fees to be paid by permit holder under applicable 
                law to provide services on other Federal lands, if 
                separate permits are issued to that permit holder for a 
                single event or trip.
  (b) Fee Conditions.--The fee charged by the Secretary for a permit 
issued under section 803(h) of the Federal Lands Recreation Enhancement 
Act (16 U.S.C. 6802(h)) shall not exceed 3 percent of the recreational 
service provider's annual gross revenue for activities authorized by 
the permit on Federal lands, plus applicable revenue additions, minus 
applicable revenue exclusions or a similar flat per person fee.
  (c) Disclosure of Fees.--A holder of a special recreation permit may 
inform its customers of the various fees charged by the Secretary under 
section 803(h) of the Federal Lands Recreation Enhancement Act (16 
U.S.C. 6802(h)).

SEC. 2105. USE OF PERMIT FEES FOR PERMIT ADMINISTRATION.

  (a) Deposits.--Subject to subsection (b), revenues from special 
recreation permits issued to recreation service providers under 
subparagraphs (B) and (C) of section 803(h)(2) of the Federal Lands 
Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall be held in 
special accounts established for each specific unit or area for which 
such revenues are collected, and shall remain available for 
expenditure, without further appropriation, until expended.
  (b) Use of Permit Fees.--Revenues from special recreation permits 
issued to recreation service providers under subparagraphs (B) and (C) 
of section 803(h)(2) of the Federal Lands Recreation Enhancement Act 
(16 U.S.C. 6802(h)(2)) shall be used only--
          (1) to partially offset the Secretary's direct cost of 
        administering the permits;
          (2) to improve and streamline the permitting process; and
          (3) for related recreation infrastructure and other purposes 
        specifically to support recreation activities at the specific 
        site for which use is authorized under the permit, after 
        obtaining input from any related permittees; provided, however, 
        that the Federal Advisory Committee Act (5 U.S.C. App. 1 et 
        seq.) shall not apply to any advisory committee or other group 
        established to carry out this paragraph.
  (c) Limitation on Use of Fees.--The Secretary may not use any permit 
fees for biological monitoring on Federal recreational lands and waters 
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for 
listed or candidate species.

SEC. 2106. ADJUSTMENT TO PERMIT USE REVIEWS.

  (a) In General.--In reviewing and adjusting allocations of use for 
priority use permits for special uses of Federal recreational lands and 
waters managed by the Forest Service, and in renewing such permits, the 
Secretary of Agriculture shall allocate to a permit holder a level of 
use that is no less than the highest amount of actual annual use over 
the reviewed period plus 25 percent, capped at the amount of use 
allocated when the permit was issued unless additional capacity is 
available. The Secretary may assign any use remaining after adjusting 
allocations on a temporary basis to qualified permit holders.
  (b) Waiver.--Use reviews under subsection (a) may be waived for 
periods in which circumstances that prevented use of assigned capacity, 
such as weather, fire, natural disasters, wildlife displacement, 
business interruptions, insufficient availability of hunting and 
fishing licenses, or when allocations on permits include significant 
shoulder seasons. The authorizing office may approve non-use without 
reducing the number of service days assigned to the permit in such 
circumstances at the request of the permit holder. Approved non-use may 
be temporarily assigned to other qualified permit holders when 
conditions warrant.

SEC. 2107. AUTHORIZATION OF TEMPORARY PERMITS FOR NEW USES FOR THE 
                    FOREST SERVICE AND BLM.

  Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Agriculture and the Secretary of the Interior shall 
establish and implement a program to authorize temporary permits for 
new recreational uses of Federal recreational lands and waters managed 
by the Forest Service or the Bureau of Land Management, respectively, 
and to provide for the conversions of such temporary permits to long-
term permits after 2 years of satisfactory operation. The issuance and 
conversion of such permits shall be subject to subsection (h)(3) of 
section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 
6802).

SEC. 2108. INDEMNIFICATION REQUIREMENTS.

  (a) Indemnification.--A permit holder that is prohibited by the State 
from providing indemnification to the Federal Government shall be 
considered to be in compliance with indemnification requirements of the 
Department of the Interior and the Department of Agriculture if the 
permit holder carries the required minimum amount of liability 
insurance coverage or is self-insured for the same minimum amount.
  (b) Exculpatory Agreements.--The Secretary shall not implement, 
administer or enforce any regulation or policy prohibiting the use of 
exculpatory agreements between recreation service providers and their 
customers for services provided under a special recreation permit.

SEC. 2109. STREAMLINING OF PERMITTING PROCESS.

  (a) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Agriculture shall revise part 
251, subpart B, of title 36 Code of Federal Regulations, and the 
Secretary of the Interior shall revise subpart 2932, of title 43, Code 
of Federal Regulations, to streamline the processes for the issuance 
and renewal of outfitter and guide special use permits. Such amended 
regulations shall--
          (1) shorten application processing times and minimize 
        application and administration costs; and
          (2) provide for the use of programmatic environmental 
        assessments and categorical exclusions for environmental 
        reviews under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) for the issuance or renewal of outfitter 
        and guide and similar recreation special use permits when the 
        Secretary determines that such compliance is required, to the 
        maximum extent allowable under applicable law, including, but 
        not limited to, use of a categorical exclusion as provided 
        under section 803(h)(3) of the Federal Lands Recreation 
        Enhancement Act (16 U.S.C. 6802(h)(3)).
  (b) Online Applications.--To the maximum extent practicable, where 
feasible and efficient, the Secretary shall make special recreation 
permit applications available to be filled out and submitted online.

SEC. 2110. COST RECOVERY REFORM.

  (a) Regulatory Process.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Agriculture shall revise 
section 251.58 of title 36, Code of Federal Regulations, and the 
Secretary of the Interior shall revise section 2932.31(e) and (f) of 
title 43, Code of Federal Regulations, to reduce costs and minimize the 
burden of cost recovery on small businesses and adverse impacts of cost 
recovery on jobs in the outfitting and guiding industry and on rural 
economies provided, however, that nothing in the revised regulations 
shall further limit the Secretary's authority to issue or renew 
recreation special use permits.
  (b) De Minimis Exemption.--
          (1) Cost recovery limitation.--Any regulations issued by the 
        Secretary of the Interior or the Secretary of Agriculture to 
        establish fees to recover processing costs for recreation 
        special use applications and monitoring costs for recreation 
        special use authorizations shall include an exemption providing 
        that at least the first 50 hours of work necessary in any one 
        year to process and/or monitor such an application shall not be 
        subject to cost recovery. The application of a 50-hour credit 
        per permit shall also apply to any monitoring fees on a per 
        annum basis during the term of each permit.
          (2) Application of exemption.--An exemption under paragraph 
        (1) shall apply to the processing of each recreation special 
        use permit application and monitoring of each recreation 
        special use authorization for which cost recovery is required, 
        including any application or authorization requiring more than 
        50 hours (or such other greater number of hours specified for 
        exemption) to process or monitor. In the event that the amount 
        of work required to process such an application or monitor such 
        an authorization exceeds the specified exemption, the amount of 
        work for which cost recovery is required shall be reduced by 
        the amount of the exemption.
          (3) Multiple applications.--In situations involving multiple 
        recreation special use applications for similar services in the 
        same unit or area that require more than 50 hours (or such 
        other greater number of hours specified for exemption) in the 
        aggregate to process, the Secretary shall, regardless of 
        whether the applications are solicited or unsolicited and 
        whether there is competitive interest--
                  (A) determine the share of the aggregate amount to be 
                allocated to each application, on an equal or prorated 
                basis, as appropriate; and
                  (B) for each application, apply a separate exemption 
                of up to 50 hours (or such other greater number of 
                hours specified for exemption) to the share allocated 
                to such application.
          (4) Cost reduction.--The agency processing a recreation 
        special use application shall utilize existing studies and 
        analysis to the greatest extent practicable in order to reduce 
        the amount of work and cost necessary to process the 
        application.
          (5) Limitation.--The Secretary of the Interior and the 
        Secretary of Agriculture may not recover as processing costs 
        for recreation special use applications and monitoring costs 
        for recreation special use authorizations any costs for 
        consultations conducted under section 7 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1536) or for biological 
        monitoring on Federal recreational lands and waters under such 
        Act for listed, proposed, or candidate species.
          (6) Waiver of cost recovery.--The Secretary of the Interior 
        and the Secretary of Agriculture may waive the recovery of 
        costs for processing recreation special use permit applications 
        and renewals, on a categorical or case-by-case basis as 
        appropriate, if the Secretary determines that--
                  (A) such costs would impose a significant economic 
                burden on any small business or category of small 
                businesses;
                  (B) such cost recovery could threaten the ability of 
                an applicant or permittee to provide, in a particular 
                area, a particular outdoor recreational activity that 
                is consistent with the public interest and with 
                applicable resource management plans; or
                  (C) prevailing economic conditions are unfavorable, 
                such as during economic recessions, or when drought, 
                fire, or other natural disasters have depressed 
                economic activity in the area of operation.

SEC. 2111. EXTENSION OF FOREST SERVICE RECREATION PRIORITY USE PERMITS.

  Where the holder of a special use permit for outfitting and guiding 
that authorizes priority use has submitted a request for renewal of 
such permit in accordance with applicable laws and regulations, the 
Secretary of Agriculture shall have the authority to grant the holder 
one or more extensions of the existing permit for additional items not 
to exceed 5 years in the aggregate, as necessary to allow the Secretary 
to complete the renewal process and to avoid the interruption of 
services under such permit. Before granting an extension under this 
section, the Secretary shall take all reasonable and appropriate steps 
to complete the renewal process before the expiration of the special 
use permit.

 TITLE XXII--HUNTING AND RECREATIONAL FISHING WITHIN CERTAIN NATIONAL 
                                FORESTS

SEC. 2201. 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. 2202. 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--
          (1) the Kisatchie National Forest in the State of Louisiana;
          (2) the De Soto National Forest in the State of Mississippi; 
        and
          (3) 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.

                          Purpose of the Bill

    The purpose of H.R. 3668 is to provide for the preservation 
of sportsmen's heritage and enhance recreation opportunities on 
Federal land.

                  Background and Need for Legislation

    H.R. 3668, the Sportsmen's Heritage and Recreational 
Enhancement (SHARE) Act, guarantees future generations ample 
access to federal lands to hunt, fish and recreationally shoot. 
Reliable access not only sustains our nation's rich outdoor 
sporting tradition heritage, but also significantly benefits 
the men and women who make up the industries that support it. 
The bill also protects Second Amendment rights, the use of 
traditional ammunition and fishing tackle, and eliminates red 
tape associated with the importation of hunting trophies.
    Outdoor sporting activities, including hunting, fishing and 
recreational shooting, are deeply engrained in the fabric of 
America's culture and heritage. Values instilled by partaking 
in these activities are passed down from generation to 
generation and continue to grow in popularity every year. In 
2011, over 37 million people in the U.S. over the age of 16 
hunted or fished.\1\ Outdoor sporting activities are also a 
major economic driver, contributing over $90 billion to the 
U.S. economy in 2011.\2\
---------------------------------------------------------------------------
    \1\America's Sporting Heritage: Fueling the American Economy. 
Congressional Sportsmen's Foundation. 2013.
    \2\Id.
---------------------------------------------------------------------------
    Much of this activity occurs on America's federal lands. 
Unfortunately, federal agencies like the United States Forest 
Service (USFS) and Bureau of Land Management (BLM) often 
prevent or impede access for hunting, fishing and recreational 
shooting on federal lands that should otherwise be available 
for those activities. Reliable public access to our nation's 
federal lands must remain a priority to ensure the steady and 
continuous participation of sportsmen and women in traditional 
outdoor sporting activities.
    The SHARE Act includes many provisions to accomplish these 
goals. First, it implements an ``open until closed'' management 
policy on BLM and USFS lands to facilitate reliable access for 
hunting, fishing and recreational shooting, and protects 
sportsmen and women from arbitrary efforts by the federal 
government to close 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 State marine 
waters without coordination with and approval of the applicable 
State or territory; prevents USFS restrictions on hunting, 
fishing and shooting in certain National Forests in Arkansas, 
Louisiana, Mississippi, and Oklahoma; 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.
    Furthermore, the bill also reauthorizes and amends the 
Federal Land Transaction Facilitation Act of 2000 (Public Law 
106-248) 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 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 of 1976 (Public Law 94-
469). It removes Bureau of Alcohol, Tobacco, Firearms and 
Explosives authority to use the ``sporting purposes'' clauses 
in federal law in ways that could undermine the core principles 
of the Second Amendment. This bill also removes suppressors 
from the scope of the National Firearms Act of 1934 (Public Law 
73-474), replacing the outdated federal transfer process with 
an instantaneous National Instant Criminal Background Check.
    Finally, the bill 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.
    A similar bill, H.R. 2406, authored by Congressman Robert 
J. Wittman (R-VA), was favorably reported by the Natural 
Resources Committee in the 114th Congress, and passed the House 
of Representatives by a bipartisan roll call vote of 242 ayes 
and 161 nays on February 26, 2016. No action was taken in the 
Senate.

                            Committee Action

    H.R. 3668 was introduced on September 1, 2017, by 
Congressman Jeff Duncan (R-SC). The bill was primarily referred 
to the Committee on Natural Resources, and in addition to the 
Committees on Agriculture, the Judiciary, Energy and Commerce, 
Transportation and Infrastructure, and Ways and Means. Within 
the Committee on Natural Resources, the bill was referred to 
the Subcommittees on Federal Lands, and Water, Power and 
Oceans. On September 12, 2017, the Subcommittee on Federal 
Lands held a hearing on the bill. On September 12, 2017, the 
Natural Resources Committee met to consider the bill. The two 
Subcommittees were discharged by unanimous consent. Congressman 
Rob Bishop (R-UT) offered an amendment designated #1; it was 
adopted by voice vote. Congressman Raul M. Grijalva (D-AZ) 
offered an amendment designated 004; it was not agreed to by a 
roll call vote of 15 ayes and 20 nays, as follows:


    Congressman Paul A. Gosar (R-AZ) offered an amendment 
designated 047; it was adopted by voice vote. Congressman Alan 
S. Lowenthal (D-CA) offered an amendment designated 003; it was 
not agreed to by a roll call vote of 14 ayes and 23 nays, as 
follows:


    Congressman Jared Huffman (D-CA) offered an amendment 
designated 108; it fell on a point of order. Congressman Jimmy 
Gomez (D-CA) offered an amendment designated 002; it was not 
agreed to by a roll call vote of 13 ayes and 23 nays, as 
follows:


    Congressman Donald S. Beyer, Jr. (D-VA) offered an 
amendment designated 006; it was not agreed to by a roll call 
vote of 13 ayes and 22 nays, as follows:


    Congressman Raul M. Grijalva (D-AZ) offered an amendment 
designated 061; it was not agreed to by a roll call vote of 12 
ayes and 22 nays, as follows:


    Congresswoman Niki Tsongas (D-MA) offered an amendment 
designated 001; it was not agreed to by a roll call vote of 13 
ayes and 21 nays, as follows:


    Congressman Bruce Westerman (R-AR) offered an amendment 
designated Young_093; it was adopted to by a roll call vote of 
21 ayes and 14 nays, as follows:


    Congressman Doug LaMalfa (R-CA) offered an amendment 
designated 026; it adopted by voice vote. Congressman Mike 
Johnson (R-LA) offered an amendment designated 024; it was 
adopted by voice vote. No further amendments were offered, and 
the bill, as amended, was ordered favorably reported to the 
House of Representatives by a roll call vote of 22 ayes and 13 
nays on September 13, 2017, as follows:


            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 and the Congressional Budget Act of 
1974. With respect to the requirements of clause 3(c)(2) and 
(3) of rule XIII of the Rules of the House of Representatives 
and sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the enclosed cost estimate for 
the bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 18, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3668, the SHARE 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Janani 
Shankaran, Jeff LaFave, and Mark Grabowicz.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 3668--SHARE Act

    Summary: H.R. 3668 would change the way silencers for 
firearms are taxed. Under the bill, silencers would no longer 
be taxed at $200 per unit, but would instead be taxed at 10 
percent of their value. All revenues derived from their sale 
would be deposited into the Wildlife Restoration Fund and could 
be spent without further appropriation. In addition, the bill 
would authorize the appropriation of $250 million over the 
2018-2022 period. Finally, the bill would amend existing laws 
and establish new laws related to the management of federal 
lands, including several changes that would affect the use and 
transport of hunting and fishing equipment on federal lands.
    The staff of the Joint Committee on Taxation (JCT) 
estimates that enacting H.R. 3668 would reduce revenues by $139 
million over the 2017-2027 period. In addition, CBO estimates 
that enacting the bill would increase direct spending by $146 
million over that period. Combined, those effects would 
increase federal deficits over the next 10 years by $285 
million. Because enacting the bill would affect direct spending 
and revenues, pay-as-you-go procedures apply.
    Finally, assuming appropriation of the authorized and 
necessary amounts, CBO estimates that implementing the 
legislation would cost $174 million over the 2018-2022 period, 
with the remainder spending in years after 2021.
    CBO estimates that enacting S. 733 would not increase net 
direct spending or on-budget deficits by more than $5 billion 
in any of the four consecutive 10-year periods beginning in 
2028.
    CBO has reviewed the nontax provisions of H.R. 3668 and 
determined that they contain intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA). The bill 
would preempt state and local laws regulating the 
transportation of firearms across state lines and the taxation 
of firearm silencers. CBO estimates that the costs of the 
preemption to those governments would be small and well below 
the annual threshold establish in UMRA for intergovernmental 
mandates ($78 million in 2017, adjusted annually for 
inflation).
    CBO has determined that the nontax provisions of H.R. 3668 
would impose private-sector mandates, as defined in UMRA, by 
eliminating the ability of plaintiffs to seek judicial review 
of federal rules to remove certain gray wolves from the 
endangered species list and eliminating the ability of 
plaintiffs to seek compensation for damages occurring at some 
public target ranges. CBO estimates that the cost of the 
mandates would be small and fall well below the annual 
threshold established in UMRA for private-sector mandates ($156 
million in 2017, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 3668 is shown in the following table. 
The costs of this legislation fall within budget functions 300 
(natural resources and environment) and 750 (administration of 
justice).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2017    2018    2019    2020    2021    2022    2023    2024    2025    2026    2027   2017-2022  2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  DECREASES IN REVENUES
 
Tax Treatment of Silencers:
    Estimated Revenues....................       0      -4      -9     -10     -11     -13     -14     -16     -18     -21     -23       -46       -139
 
                                                              INCREASES IN DIRECT SPENDING
 
Wildlife Restoration Fund:
    Estimated Budget Authority............       0       4       9      11      12      15      17      20      24      28      33        52        175
    Estimated Outlays.....................       0       2       5       8      11      13      15      18      21      25      29        39        146
 
                                        NET INCREASE IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Impact on Deficit.........................       0       6      14      18      22      26      29      34      39      46      52        85        285
 
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
North American Wetlands Conservation:
    Authorization Level...................       0      50      50      50      50      50       0       0       0       0       0       250        250
    Estimated Outlays.....................       0      12      25      35      43      48      37      25      15       8       2       163        250
Other Provisions:
    Estimated Authorization Level.........       0       3       2       2       2       2       1       1       1       1       1        11         17
    Estimated Outlays.....................       0       3       2       2       2       2       1       1       1       1       1        11         17
    Total Changes:
        Estimated Authorization Level.....       0      53      52      52      52      52       2       2       2       2       2       261        267
        Estimated Outlays.................       0      15      27      37      45      50      39      27      17      10       4       174        267
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office and the staff of the Joint Committee on Taxation.
Note: Amounts may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of 2017 and that the 
authorized and necessary amounts will be appropriated for each 
fiscal year. Estimated outlays are based on historical spending 
patterns for similar activities.

Revenues

    The National Firearms Act of 1934 (NFA) imposes several 
taxes on certain types of firearms and devices, including a 
$200 tax on the make, manufacture, importation, and transfer of 
silencers. Separately, a 10 percent firearms and ammunition 
excise tax (FAET) is imposed under current law on the sale of 
pistols and revolvers by the manufacturer, producer, or 
importer of such items. The bill would remove silencers from 
the NFA and its associated taxes and regulations and instead 
make those devices subject to the FAET. JCT estimates, on net, 
those changes would reduce revenues by $139 million over the 
2018-2027 period.

Direct spending

    Based on information provided by JCT about the amount of 
revenues that would be collected under the FAET, CBO estimates 
that enacting the bill would increase direct spending by $146 
million over the 2018-2027 period for the Wildlife Restoration 
Fund. Other provisions in the bill would have a negligible 
effect on direct spending.
    Wildlife Restoration Fund. Under current law, revenues 
collected under the FAET are deposited into the U.S. Fish and 
Wildlife Service's Wildlife Restoration Fund and spent without 
further appropriation. CBO projects that all balances and new 
deposits into the fund will be spent under current law. 
Although revenues would decline under the bill, H.R. 3668 would 
increase revenues collected under the FAET and would thus 
increase Wildlife Restoration Fund funding by an amount equal 
to the amount of revenues collected from the 10 percent tax on 
silencers. Based on historical spending patterns, CBO estimates 
that enacting those provisions would increase direct spending 
by $146 million over the 2018-2027 period.
    Fees for Commercial Filming Activities. H.R. 3668 would 
require the Secretaries of Agriculture and the Interior to 
charge a permit fee of up to $200 a year for crews of five 
persons or fewer that conduct commercial filming or photography 
on certain federal lands. Under current law, some of the 
affected agencies collect fees for those activities to recover 
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

    CBO estimates that implementing H.R. 3668 would have a 
discretionary cost of $174 million over the 2018-2022 period, 
assuming appropriation of the authorized and necessary amounts.
    North American Wetlands Conservation. The bill would 
authorize the appropriation of $50 million a year over the 
2018-2022 period for programs carried out under the North 
American Wetlands Conservation Act (NAWCA). The U.S. Fish and 
Wildlife Service (USFWS) uses amounts appropriated under NAWCA 
primarily for grants to state, local, and tribal governments; 
nonprofit organizations; and other entities that carry out 
wetlands conservation projects. In 2017, the USFWS received an 
appropriation of $35 million to carry out similar activities. 
CBO estimates that implementing those provisions would cost 
$163 million over the 2018-2022 period and $87 million after 
2022.
    Other Provisions. H.R. 3668 contains provisions that would 
require affected agencies to waive the cost recovery charges 
for the first 50 hours of work required to process special 
recreation use permits and would prevent agencies from 
recovering costs for completing certain activities under the 
Endangered Species Act. Based on information provided by the 
affected agencies, CBO estimates that enacting the bill would 
reduce collections, totaling about $4 million a year, and the 
associated direct spending from cost recovery charges by about 
$1 million a year. Because those collections can be spent under 
current law, enacting this provision would result in no net 
change in direct spending. However, CBO estimates that 
implementing provisions related to special recreation use 
permits would cost $1 million a year, because the affected 
agencies would still be required to perform the work necessary 
to issue those permits.
    The bill also would reauthorize the Federal Land 
Transaction Facilitation Act (FLTFA) through 2022. Under the 
bill, proceeds from the sale of land administered by the Bureau 
of Land Management (BLM) would be deposited into a special 
account where amounts would be available, subject to 
appropriation, to purchase inholdings (privately held land 
surrounded by federal land) and to cover certain administrative 
costs. BLM has the authority to sell land under current law, 
and CBO estimates that the agency will generate about $1 
million a year from those sales. Because those provisions do 
not provide any funding or incentive to increase the amount of 
land the agency sells, such as the authority to retain and 
spend proceeds, CBO expects that enacting the provisions would 
not increase the amount of proceeds generated by BLM land 
sales. Assuming appropriation of the estimated proceeds from 
BLM land sales under current law, CBO estimates that 
implementing the FLTFA changes would cost $1 million a year 
over the 2018-2022 period.
    The bill also would require the Administrative Conference 
of the United States (ACUS) to create an online searchable 
database containing information about cases in which fees and 
expenses were awarded by courts or federal agencies. The ACUS 
is an independent agency that assists other federal agencies in 
improving regulatory and other administrative procedures. Based 
on an analysis of information from ACUS, CBO estimates that 
creating and maintaining the database would cost $1 million in 
2018 and less than $500,000 annually thereafter. Those funds 
would cover costs for additional ACUS staff, technological 
upgrades, and data collection by federal agencies.
    H.R. 3668 also contains provisions that would affect the 
possession, transport, and use of certain hunting and fishing 
equipment on federal lands, impose certain reporting 
requirements, allow for the importation of certain polar bear 
remains, and require federal agencies to develop a process to 
expedite access to federal land to conduct search and rescue 
activities. 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 and revenues 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. 3668, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON SEPTEMBER 13, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2017    2018    2019    2020    2021    2022    2023    2024    2025    2026    2027   2017-2022  2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact............       0       6      14      18      22      26      29      34      39      46      52        85        285
Memorandum:
    Changes in Outlays....................       0      -4      -9     -10     -11     -13     -14     -16     -18     -21     -23       -46       -139
    Changes in Revenues...................       0       2       5       8      11      13      15      18      21      25      29        39        146
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long term direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits by more than $5 billion 
in any of the four consecutive 10-year periods beginning in 
2028.
    Estimated impact on state, local, and tribal governments: 
CBO has reviewed the nontax provisions of H.R. 3668 and 
determined that they contain intergovernmental mandates as 
defined in UMRA because it would protect gun owners who 
transport firearms across state lines under the Firearm Owners 
Protection Act and preempt regulatory authority of state and 
local governments. H.R. 3668 would marginally expand an 
existing preemption by clarifying that the protection for gun 
owners traveling across state lines with firearms applies in 
situations where the gun owner is staying in temporary lodging 
overnight, stopping for food, fuel, vehicle maintenance, an 
emergency, medical treatment, or any other activity incidental 
to a trip. CBO expects state and local law enforcement agencies 
to experience a small reduction in the amount of penalties they 
collect from violators of gun control laws, an increase in 
legal damages awarded to defendants, and potentially some 
additional training expenses if H.R. 3668 is enacted. However, 
because of the small number of incidents expected to occur each 
year, CBO estimates that the costs of the mandate would be 
small.
    The bill also would preempt any state or local law that 
imposes a tax (other than a broadly based tax) on firearm 
silencers or that would impose marking, recordkeeping, or 
registration requirements on owners of silencers. Although the 
preemption would limit the application of state and local laws 
and regulations, CBO estimates that any reduction in revenue 
from taxes specific to silencers would be small. In total, CBO 
estimates that cost of the mandates in the bill would fall well 
below the annual threshold established in UMRA for 
intergovernmental mandates ($78 million in 2017, adjusted 
annually for inflation).
    Estimated impact on the private sector: CBO has determined 
that the nontax provisions of H.R. 3668 would impose private-
sector mandates as defined in UMRA. The bill would eliminate 
the ability of plaintiffs to seek judicial review of federal 
rules to remove gray wolves in the western Great Lakes region 
or in the state of Wyoming from the endangered species list. 
The bill also would eliminate the ability of plaintiffs to seek 
compensation from the federal government for damages occurring 
at public target ranges supported by federal funds. The cost of 
a mandate that eliminates a right of action is the forgone 
income and value of awards or settlements in such cases. 
Because such losses would generally not occur in cases 
involving a judicial review of rules, CBO expects that the 
mandate would probably impose no costs. In addition, 
information from the Department of the Interior indicates 
plaintiffs file few, if any, lawsuits against the U.S. 
government seeking compensation for damages on public ranges. 
Because such claims would probably continue to be uncommon in 
the future, CBO estimates that any loss of income or awards 
would be small. Consequently, CBO estimates that the aggregate 
cost of the mandates would fall well below the annual threshold 
established in UMRA for private-sector mandates ($156 million 
in 2017, adjusted annually for inflation).
    Previous CBO estimates: On April 28, 2017, CBO transmitted 
a cost estimate for S. 733, the Sportsmen's Act, as ordered 
reported by the Senate Committee on Energy and Natural 
Resources on March 30, 2017. Both bills contain provisions that 
would reauthorize FLTFA; however, the Senate bill would extend 
FLTFA for a longer period of time, allow BLM to retain and 
spend proceeds from land sales, and require annual payments to 
the U.S. Treasury. The CBO cost estimates for those provisions 
reflect those differences. S. 733 also contains several other 
provisions that are similar to provisions in H.R. 3668. CBO 
estimates that the costs of carrying out those provisions would 
be the same.
    Estimate prepared by: Federal Costs: Janani Shankaran 
(Wildlife Restoration Fund), Jeff LaFave (Federal lands), and 
Mark Grabowicz (Administrative Conference of the United 
States); Federal Revenues: The staff of the Joint Committee on 
Taxation; 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. 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 provide for the preservation of 
sportsmen's heritage and enhance recreation opportunities on 
Federal land.

                           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. This bill contains seven directed 
rulemakings. Section 1401 of this bill requires the Secretary 
of the Interior to reissue 2 final rules: 76 Fed. Reg. 81666 
(December 28, 2011); and 77 Fed. Reg. 55530 (September 10, 
2012). Section 1506 of the bill directs the United States 
Attorney General to create regulations that require licensed 
importers and manufacturers of firearm silencers or mufflers to 
identify such firearm silencer or muffler by means of a serial 
number engraved or cast on the keystone part of the firearm 
silencer or muffler. Section 2109 of this bill requires the 
Secretary of the Interior and the Secretary of Agriculture to 
revise existing regulations to streamline the processes for the 
issuance or renewal of outfitter and guide special use permits. 
Section 2110 of the bill directs the Secretary of the Interior 
and the Secretary of Agriculture to revise existing regulations 
to reduce costs and minimize the burden of cost recovery on 
small businesses and cost recovery on jobs in the outfitting 
and guiding industry and on rural economies.
    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 except that Section 1504 preempts certain State laws 
in relation to firearm silencers.

         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 italics, 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 any 
        component of such an article (limited to shot shells, 
        cartridges, and components of shot shells and 
        cartridges), [and]
          (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 term ``conditions of use'' means the circumstances, 
as determined by the Administrator, under which a chemical 
substance is intended, known, or reasonably foreseen to be 
manufactured, processed, distributed in commerce, used, or 
disposed of.
  (5) 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.
  (6) The term ``environment'' includes water, air, and land 
and the interrelationship which exists among and between water, 
air, and land and all living things.
  (7) The term ``guidance'' means any significant written 
guidance of general applicability prepared by the 
Administrator.
  (8) 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 information 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.
  (9) 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.
  (10) 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.
  (11) 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).
  (12) The term ``potentially exposed or susceptible 
subpopulation'' means a group of individuals within the general 
population identified by the Administrator who, due to either 
greater susceptibility or greater exposure, may be at greater 
risk than the general population of adverse health effects from 
exposure to a chemical substance or mixture, such as infants, 
children, pregnant women, workers, or the elderly.
  (13) 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.
  (14) The term ``processor'' means any person who processes a 
chemical substance or mixture.
  (15) The term ``protocols and methodologies for the 
development of information'' 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 information for a chemical substance or 
        mixture are to be developed and any analysis that is to 
        be performed on such information, and
          (B) to the extent necessary to assure that 
        information respecting such effects and characteristics 
        are reliable and adequate--
                  (i) the manner in which such information are 
                to be developed,
                  (ii) the specification of any test protocol 
                or methodology to be employed in the 
                development of such information, and
                  (iii) such other requirements as are 
                necessary to provide such assurance.
  (16) 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.
  (17) 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. 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.
          (3) In-kind match.--For the purposes of cost sharing, 
        any institution (as defined by 7 U.S.C. 7601) that is 
        eligible to receive amounts under this section shall be 
        allowed to use the present value of their land as an 
        in-kind match to satisfy cost sharing requirements 
        regardless of any restrictions in law that would 
        otherwise prohibit the use of the land for such 
        purpose.
  (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.

           *       *       *       *       *       *       *

                              ----------                              


                       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 (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 one 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.

           *       *       *       *       *       *       *

                              ----------                              


                      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 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] be sufficient to cover the cost of a 
        film permit and other administrative and personnel 
        costs 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) Film crew of 5 persons or fewer.--For a 
        commercial film crew of 5 persons or fewer for 
        commercial filming activities or similar projects on 
        Federal land and waters administered by the Secretary 
        the Secretary shall--
                  (A) assess an annual fee in an amount 
                sufficient to cover the administrative cost of 
                issuing a permit under this section, but not 
                greater than $200; and
                  (B) require a permit which 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.
  [(b) Recovery of Costs.--The Secretary shall collect 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)] (b) 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.
          (3) Still photography crew of 5 persons or fewer.--
        The fee under this paragraph for a still photography 
        crew of 5 persons or fewer shall be not more than $200.
  [(d)] (c) 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)] (d) 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)] (e) Processing of Permit Applications.--
          (1) Timing.--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.
          (2) Criteria.--The Secretary shall not consider 
        subject matter or content as a criterion for issuing or 
        denying a permit under this Act.
  (f) Exemption From Commercial Filming or Still Photography 
Permits and Fees.--The Secretary shall not require persons 
holding commercial use authorizations or special recreation 
permits to obtain an additional permit or pay an additional fee 
for commercial filming or still photography under this section 
if--
          (1) the filming or still photography conducted is 
        incidental to the permitted activity that is the 
        subject of the commercial use authorization or special 
        recreation permit; and
          (2) the holder of the commercial use authorization or 
        special recreation permit is an individual or small 
        business concern (within the meaning of section 3 of 
        the Small Business Act (15 U.S.C. 632)).
  (g) News Gathering Activities.--For the purposes of this 
section, a news gathering shall not be considered a commercial 
activity.
  (h) Definitions.--For the purposes of this section--
          (1) the term ``commercial film crew'' means any 
        persons present on Federal land or water under the 
        jurisdiction of the Secretary who are associated with 
        the production of a film;
          (2) the term ``news gathering'' means the gathering, 
        recording, and filming of news and information related 
        to news in any medium; and
          (3) the term ``Secretary'' means the Secretary of the 
        Interior or the Secretary of Agriculture, as 
        applicable, with respect to land under the respective 
        jurisdiction of such Secretary.

           *       *       *       *       *       *       *


SUBTITLE I--NATIONAL PARK SYSTEM

           *       *       *       *       *       *       *


DIVISION A--ESTABLISHMENT AND GENERAL ADMINISTRATION

           *       *       *       *       *       *       *


                      CHAPTER 1015--TRANSPORTATION

                         SUBCHAPTER I--AIRPORTS

Sec.
101501. Airports in or near System units.

                     SUBCHAPTER II--ROADS AND TRAILS

101511. Authority of Secretary.
101512. Conveyance to States of roads leading to certain historical 
          areas.
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. Such 
        closures shall be clearly marked with signs and dates 
        of closures, and shall not include gates, chains, 
        walls, or other barriers on the hunter access corridor.
          (5) Identification of corridors.--The Director 
        shall--
                  (A) make information regarding hunter access 
                corridors available on the individual website 
                of the applicable System unit; and
                  (B) provide information regarding any 
                processes established by the Director for 
                transporting legally taken game through 
                individual hunter access corridors.
          (6) Registration; transportation of game.--The 
        Director may--
                  (A) provide registration boxes to be located 
                at the trailhead of each hunter access corridor 
                for self-registration;
                  (B) provide a process for online self-
                registration; and
                  (C) allow nonmotorized conveyances to 
                transport legally taken game through a hunter 
                access corridor established under this 
                subsection, including game carts and sleds.
          (7) Consultation with states.--The Director shall 
        consult with each applicable State wildlife agency to 
        identify appropriate hunter access corridors.
  (d) Effect.--Nothing in this section--
          (1) diminishes, enlarges, or modifies any Federal or 
        State authority with respect to 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.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--THE AGENCIES GENERALLY

           *       *       *       *       *       *       *


CHAPTER 5--ADMINISTRATIVE PROCEDURE

           *       *       *       *       *       *       *


SUBCHAPTER I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


Sec. 504. Costs and fees of parties

  (a)(1) An agency that conducts an adversary adjudication 
shall award, to a prevailing party other than the United 
States, fees and other expenses incurred by that party in 
connection with that proceeding, unless the adjudicative 
officer of the agency finds that the position of the agency was 
substantially justified or that special circumstances make an 
award unjust. Whether or not the position of the agency was 
substantially justified shall be determined on the basis of the 
administrative record, as a whole, which is made in the 
adversary adjudication for which fees and other expenses are 
sought.
  (2) A party seeking an award of fees and other expenses 
shall, within thirty days of a final disposition in the 
adversary adjudication, submit to the agency an application 
which shows that the party is a prevailing party and is 
eligible to receive an award under this section, and the amount 
sought, including an itemized statement from any attorney, 
agent, or expert witness representing or appearing in behalf of 
the party stating the actual time expended and the rate at 
which fees and other expenses were computed. The party shall 
also allege that the position of the agency was not 
substantially justified. When the United States appeals the 
underlying merits of an adversary adjudication, no decision on 
an application for fees and other expenses in connection with 
that adversary adjudication shall be made under this section 
until a final and unreviewable decision is rendered by the 
court on the appeal or until the underlying merits of the case 
have been finally determined pursuant to the appeal.
  (3) The adjudicative officer of the agency may reduce the 
amount to be awarded, or deny an award, to the extent that the 
party during the course of the proceedings engaged in conduct 
which unduly and unreasonably protracted the final resolution 
of the matter in controversy. The decision of the adjudicative 
officer of the agency under this section shall be made a part 
of the record containing the final decision of the agency and 
shall include written findings and conclusions and the reason 
or basis therefor. The decision of the agency on the 
application for fees and other expenses shall be the final 
administrative decision under this section.
  (4) If, in an adversary adjudication arising from an agency 
action to enforce a party's compliance with a statutory or 
regulatory requirement, the demand by the agency is 
substantially in excess of the decision of the adjudicative 
officer and is unreasonable when compared with such decision, 
under the facts and circumstances of the case, the adjudicative 
officer shall award to the party the fees and other expenses 
related to defending against the excessive demand, unless the 
party has committed a willful violation of law or otherwise 
acted in bad faith, or special circumstances make an award 
unjust. Fees and expenses awarded under this paragraph shall be 
paid only as a consequence of appropriations provided in 
advance.
  (b)(1) For the purposes of this section--
          (A) ``fees and other expenses'' includes the 
        reasonable expenses of expert witnesses, the reasonable 
        cost of any study, analysis, engineering report, test, 
        or project which is found by the agency to be necessary 
        for the preparation of the party's case, and reasonable 
        attorney or agent fees (The amount of fees awarded 
        under this section shall be based upon prevailing 
        market rates for the kind and quality of the services 
        furnished, except that (i) no expert witness shall be 
        compensated at a rate in excess of the highest rate of 
        compensation for expert witnesses paid by the agency 
        involved, and (ii) attorney or agent fees shall not be 
        awarded in excess of $125 per hour unless the agency 
        determines by regulation that an increase in the cost 
        of living or a special factor, such as the limited 
        availability of qualified attorneys or agents for the 
        proceedings involved, justifies a higher fee.);
          (B) ``party'' means a party, as defined in section 
        551(3) of this title, who is (i) an individual whose 
        net worth did not exceed $2,000,000 at the time the 
        adversary adjudication was initiated, or (ii) any owner 
        of an unincorporated business, or any partnership, 
        corporation, association, unit of local government, or 
        organization, the net worth of which did not exceed 
        $7,000,000 at the time the adversary adjudication was 
        initiated, and which had not more than 500 employees at 
        the time the adversary adjudication was initiated; 
        except that an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 501(c)(3)) exempt from taxation under section 
        501(a) of such Code, or a cooperative association as 
        defined in section 15(a) of the Agricultural Marketing 
        Act (12 U.S.C. 1141j(a)), may be a party regardless of 
        the net worth of such organization or cooperative 
        association or for purposes of subsection (a)(4), a 
        small entity as defined in section 601;
          (C) ``adversary adjudication'' means (i) an 
        adjudication under section 554 of this title in which 
        the position of the United States is represented by 
        counsel or otherwise, but excludes an adjudication for 
        the purpose of establishing or fixing a rate or for the 
        purpose of granting or renewing a license, (ii) any 
        appeal of a decision made pursuant to section 7103 of 
        title 41 before an agency board of contract appeals as 
        provided in section 7105 of title 41, (iii) any hearing 
        conducted under chapter 38 of title 31, and (iv) the 
        Religious Freedom Restoration Act of 1993;
          (D) ``adjudicative officer'' means the deciding 
        official, without regard to whether the official is 
        designated as an administrative law judge, a hearing 
        officer or examiner, or otherwise, who presided at the 
        adversary adjudication;
          (E) ``position of the agency'' means, in addition to 
        the position taken by the agency in the adversary 
        adjudication, the action or failure to act by the 
        agency upon which the adversary adjudication is based; 
        except that fees and other expenses may not be awarded 
        to a party for any portion of the adversary 
        adjudication in which the party has unreasonably 
        protracted the proceedings; and
          (F) ``demand'' means the express demand of the agency 
        which led to the adversary adjudication, but does not 
        include a recitation by the agency of the maximum 
        statutory penalty (i) in the administrative complaint, 
        or (ii) elsewhere when accompanied by an express demand 
        for a lesser amount.
  (2) Except as otherwise provided in paragraph (1), the 
definitions provided in section 551 of this title apply to this 
section.
  (c)(1) After consultation with the Chairman of the 
Administrative Conference of the United States, each agency 
shall by rule establish uniform procedures for the submission 
and consideration of applications for an award of fees and 
other expenses. If a court reviews the underlying decision of 
the adversary adjudication, an award for fees and other 
expenses may be made only pursuant to section 2412(d)(3) of 
title 28[, United States Code].
  (2) If a party other than the United States is dissatisfied 
with a determination of fees and other expenses made under 
subsection (a), that party may, within 30 days after the 
determination is made, appeal the determination to the court of 
the United States having jurisdiction to review the merits of 
the underlying decision of the agency adversary adjudication. 
The court's determination on any appeal heard under this 
paragraph shall be based solely on the factual record made 
before the agency. The court may modify the determination of 
fees and other expenses only if the court finds that the 
failure to make an award of fees and other expenses, or the 
calculation of the amount of the award, was unsupported by 
substantial evidence.
  (d) Fees and other expenses awarded under this subsection 
shall be paid by any agency over which the party prevails from 
any funds made available to the agency by appropriation or 
otherwise.
  [(e) The Chairman of the Administrative Conference of the 
United States, after consultation with the Chief Counsel for 
Advocacy of the Small Business Administration, shall report 
annually to the Congress on the amount of fees and other 
expenses awarded during the preceding fiscal year pursuant to 
this section. The report shall describe the number, nature, and 
amount of the awards, the claims involved in the controversy, 
and any other relevant information which may aid the Congress 
in evaluating the scope and impact of such awards. Each agency 
shall provide the Chairman with such information as is 
necessary for the Chairman to comply with the requirements of 
this subsection.]
  (e) The Chairman of the Administrative Conference of the 
United States shall create and maintain online a searchable 
database containing the following information with respect to 
each award of fees and other expenses under this section:
          (1) The case name and number of the adversary 
        adjudication, if available.
          (2) The name of the agency involved in the adversary 
        adjudication.
          (3) A description of the claims in the adversary 
        adjudication.
          (4) The name of each party to whom the award was 
        made, as such party is identified in the order or other 
        agency document making the award.
          (5) The amount of the award.
          (6) The basis for the finding that the position of 
        the agency concerned was not substantially justified.
  (f) The online searchable database described in subsection 
(e) may not reveal any information the disclosure of which is 
prohibited by law or court order.
  (g) The head of each agency shall provide to the Chairman of 
the Administrative Conference of the United States, no later 
than 60 days following the Chairman's request, all information 
requested by the Chairman to comply with the requirements of 
subsections (e) and (f).
  [(f)] (h) No award may be made under this section for costs, 
fees, or other expenses which may be awarded under section 7430 
of the Internal Revenue Code of 1986.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 28, UNITED STATES CODE



           *       *       *       *       *       *       *
PART VI--PARTICULAR PROCEEDINGS

           *       *       *       *       *       *       *


CHAPTER 161--UNITED STATES AS PARTY GENERALLY

           *       *       *       *       *       *       *


Sec. 2412. Costs and fees

  (a)(1) Except as otherwise specifically provided by statute, 
a judgment for costs, as enumerated in section 1920 of this 
title, but not including the fees and expenses of attorneys, 
may be awarded to the prevailing party in any civil action 
brought by or against the United States or any agency or any 
official of the United States acting in his or her official 
capacity in any court having jurisdiction of such action. A 
judgment for costs when taxed against the United States shall, 
in an amount established by statute, court rule, or order, be 
limited to reimbursing in whole or in part the prevailing party 
for the costs incurred by such party in the litigation.
          (2) A judgment for costs, when awarded in favor of 
        the United States in an action brought by the United 
        States, may include an amount equal to the filing fee 
        prescribed under section 1914(a) of this title. The 
        preceding sentence shall not be construed as requiring 
        the United States to pay any filing fee.
  (b) Unless expressly prohibited by statute, a court may award 
reasonable fees and expenses of attorneys, in addition to the 
costs which may be awarded pursuant to subsection (a), to the 
prevailing party in any civil action brought by or against the 
United States or any agency or any official of the United 
States acting in his or her official capacity in any court 
having jurisdiction of such action. The United States shall be 
liable for such fees and expenses to the same extent that any 
other party would be liable under the common law or under the 
terms of any statute which specifically provides for such an 
award.
  (c)(1) Any judgment against the United States or any agency 
and any official of the United States acting in his or her 
official capacity for costs pursuant to subsection (a) shall be 
paid as provided in sections 2414 and 2517 of this title and 
shall be in addition to any relief provided in the judgment.
  (2) Any judgment against the United States or any agency and 
any official of the United States acting in his or her official 
capacity for fees and expenses of attorneys pursuant to 
subsection (b) shall be paid as provided in sections 2414 and 
2517 of this title, except that if the basis for the award is a 
finding that the United States acted in bad faith, then the 
award shall be paid by any agency found to have acted in bad 
faith and shall be in addition to any relief provided in the 
judgment.
  (d)(1)(A) Except as otherwise specifically provided by 
statute, a court shall award to a prevailing party other than 
the United States fees and other expenses, in addition to any 
costs awarded pursuant to subsection (a), incurred by that 
party in any civil action (other than cases sounding in tort), 
including proceedings for judicial review of agency action, 
brought by or against the United States in any court having 
jurisdiction of that action, unless the court finds that the 
position of the United States was substantially justified or 
that special circumstances make an award unjust.
  (B) A party seeking an award of fees and other expenses 
shall, within thirty days of final judgment in the action, 
submit to the court an application for fees and other expenses 
which shows that the party is a prevailing party and is 
eligible to receive an award under this subsection, and the 
amount sought, including an itemized statement from any 
attorney or expert witness representing or appearing in behalf 
of the party stating the actual time expended and the rate at 
which fees and other expenses were computed. The party shall 
also allege that the position of the United States was not 
substantially justified. Whether or not the position of the 
United States was substantially justified shall be determined 
on the basis of the record (including the record with respect 
to the action or failure to act by the agency upon which the 
civil action is based) which is made in the civil action for 
which fees and other expenses are sought.
  (C) The court, in its discretion, may reduce the amount to be 
awarded pursuant to this subsection, or deny an award, to the 
extent that the prevailing party during the course of the 
proceedings engaged in conduct which unduly and unreasonably 
protracted the final resolution of the matter in controversy.
  (D) If, in a civil action brought by the United States or a 
proceeding for judicial review of an adversary adjudication 
described in section 504(a)(4) of title 5, the demand by the 
United States is substantially in excess of the judgment 
finally obtained by the United States and is unreasonable when 
compared with such judgment, under the facts and circumstances 
of the case, the court shall award to the party the fees and 
other expenses related to defending against the excessive 
demand, unless the party has committed a willful violation of 
law or otherwise acted in bad faith, or special circumstances 
make an award unjust. Fees and expenses awarded under this 
subparagraph shall be paid only as a consequence of 
appropriations provided in advance.
  (2) For the purposes of this subsection--
          (A) ``fees and other expenses'' includes the 
        reasonable expenses of expert witnesses, the reasonable 
        cost of any study, analysis, engineering report, test, 
        or project which is found by the court to be necessary 
        for the preparation of the party's case, and reasonable 
        attorney fees (The amount of fees awarded under this 
        subsection shall be based upon prevailing market rates 
        for the kind and quality of the services furnished, 
        except that (i) no expert witness shall be compensated 
        at a rate in excess of the highest rate of compensation 
        for expert witnesses paid by the United States; and 
        (ii) attorney fees shall not be awarded in excess of 
        $125 per hour unless the court determines that an 
        increase in the cost of living or a special factor, 
        such as the limited availability of qualified attorneys 
        for the proceedings involved, justifies a higher fee.);
          (B) ``party'' means (i) an individual whose net worth 
        did not exceed $2,000,000 at the time the civil action 
        was filed, or (ii) any owner of an unincorporated 
        business, or any partnership, corporation, association, 
        unit of local government, or organization, the net 
        worth of which did not exceed $7,000,000 at the time 
        the civil action was filed, and which had not more than 
        500 employees at the time the civil action was filed; 
        except that an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 (26 
        U.S.C. 501(c)(3)) exempt from taxation under section 
        501(a) of such Code, or a cooperative association as 
        defined in section 15(a) of the Agricultural Marketing 
        Act (12 U.S.C. 1141j(a)), may be a party regardless of 
        the net worth of such organization or cooperative 
        association or for purposes of subsection (d)(1)(D), a 
        small entity as defined in section 601 of title 5;
          (C) ``United States'' includes any agency and any 
        official of the United States acting in his or her 
        official capacity;
          (D) ``position of the United States'' means, in 
        addition to the position taken by the United States in 
        the civil action, the action or failure to act by the 
        agency upon which the civil action is based; except 
        that fees and expenses may not be awarded to a party 
        for any portion of the litigation in which the party 
        has unreasonably protracted the proceedings;
          (E) ``civil action brought by or against the United 
        States'' includes an appeal by a party, other than the 
        United States, from a decision of a contracting officer 
        rendered pursuant to a disputes clause in a contract 
        with the Government or pursuant to chapter 71 of title 
        41;
          (F) ``court'' includes the United States Court of 
        Federal Claims and the United States Court of Appeals 
        for Veterans Claims;
          (G) ``final judgment'' means a judgment that is final 
        and not appealable, and includes an order of 
        settlement;
          (H) ``prevailing party'', in the case of eminent 
        domain proceedings, means a party who obtains a final 
        judgment (other than by settlement), exclusive of 
        interest, the amount of which is at least as close to 
        the highest valuation of the property involved that is 
        attested to at trial on behalf of the property owner as 
        it is to the highest valuation of the property involved 
        that is attested to at trial on behalf of the 
        Government; and
          (I) ``demand'' means the express demand of the United 
        States which led to the adversary adjudication, but 
        shall not include a recitation of the maximum statutory 
        penalty (i) in the complaint, or (ii) elsewhere when 
        accompanied by an express demand for a lesser amount.
  (3) In awarding fees and other expenses under this subsection 
to a prevailing party in any action for judicial review of an 
adversary adjudication, as defined in subsection (b)(1)(C) of 
section 504 of title 5, [United States Code,] or an adversary 
adjudication subject to chapter 71 of title 41, the court shall 
include in that award fees and other expenses to the same 
extent authorized in subsection (a) of such section, unless the 
court finds that during such adversary adjudication the 
position of the United States was substantially justified, or 
that special circumstances make an award unjust.
  (4) Fees and other expenses awarded under this subsection to 
a party shall be paid by any agency over which the party 
prevails from any funds made available to the agency by 
appropriation or otherwise.
  (5) The Chairman of the Administrative Conference shall 
create and maintain online a searchable database containing the 
following information with respect to each award of fees and 
other expenses under this section:
          (A) The case name and number.
          (B) The name of the agency involved in the case.
          (C) The name of each party to whom the award was 
        made, as such party is identified in the order or other 
        court document making the award.
          (D) A description of the claims in the case.
          (E) The amount of the award.
          (F) The basis for the finding that the position of 
        the agency concerned was not substantially justified.
  (6) The online searchable database described in paragraph (5) 
may not reveal any information the disclosure of which is 
prohibited by law or court order.
  (7) The head of each agency (including the Attorney General 
of the United States) shall provide to the Chairman of the 
Administrative Conference of the United States, no later than 
60 days following the Chairman's request, all information 
requested by the Chairman to comply with the requirements of 
paragraphs (5) and (6).
  (e) The provisions of this section shall not apply to any 
costs, fees, and other expenses in connection with any 
proceeding to which section 7430 of the Internal Revenue Code 
of 1986 applies (determined without regard to subsections (b) 
and (f) of such section). Nothing in the preceding sentence 
shall prevent the awarding under subsection (a) [of section 
2412 of title 28, United States Code,] of this section of costs 
enumerated in section 1920 [of such title] of this title (as in 
effect on October 1, 1981).
  (f) If the United States appeals an award of costs or fees 
and other expenses made against the United States under this 
section and the award is affirmed in whole or in part, interest 
shall be paid on the amount of the award as affirmed. Such 
interest shall be computed at the rate determined under section 
1961(a) of this title, and shall run from the date of the award 
through the day before the date of the mandate of affirmance.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
PART I--CRIMES

           *       *       *       *       *       *       *


                          CHAPTER 44--FIREARMS

Sec.
921. Definitions.
     * * * * * * *
926A. Interstate transportation of [firearms] firearms or ammunition.
     * * * * * * *

Sec. 921. Definitions

  (a) As used in this chapter--
  (1) The term ``person'' and the term ``whoever'' include any 
individual, corporation, company, association, firm, 
partnership, society, or joint stock company.
  (2) The term ``interstate or foreign commerce'' includes 
commerce between any place in a State and any place outside of 
that State, or within any possession of the United States (not 
including the Canal Zone) or the District of Columbia, but such 
term does not include commerce between places within the same 
State but through any place outside of that State. The term 
``State'' includes the District of Columbia, the Commonwealth 
of Puerto Rico, and the possessions of the United States (not 
including the Canal Zone).
  (3) The term ``firearm'' means (A) any weapon (including a 
starter gun) which will or is designed to or may readily be 
converted to expel a projectile by the action of an explosive; 
(B) the frame or receiver of any such weapon; (C) any firearm 
muffler or firearm silencer; or (D) any destructive device. 
Such term does not include an antique firearm.
  (4) The term ``destructive device'' means--
          (A) any explosive, incendiary, or poison gas--
                  (i) bomb,
                  (ii) grenade,
                  (iii) rocket having a propellant charge of 
                more than four ounces,
                  (iv) missile having an explosive or 
                incendiary charge of more than one-quarter 
                ounce,
                  (v) mine, or
                  (vi) device similar to any of the devices 
                described in the preceding clauses;
          (B) any type of weapon (other than a shotgun or a 
        shotgun shell which the Attorney General finds is 
        generally recognized as [particularly suitable for 
        sporting] suitable for lawful purposes) by whatever 
        name known which will, or which may be readily 
        converted to, expel a projectile by the action of an 
        explosive or other propellant, and which has any barrel 
        with a bore of more than one-half inch in diameter; and
          (C) any combination of parts either designed or 
        intended for use in converting any device into any 
        destructive device described in subparagraph (A) or (B) 
        and from which a destructive device may be readily 
        assembled.
The term ``destructive device'' shall not include any device 
which is neither designed nor redesigned for use as a weapon; 
any device, although originally designed for use as a weapon, 
which is redesigned for use as a signaling, pyrotechnic, line 
throwing, safety, or similar device; surplus ordnance sold, 
loaned, or given by the Secretary of the Army pursuant to the 
provisions of section 4684(2), 4685, or 4686 of title 10; or 
any other device which the Attorney General finds is not likely 
to be used as a weapon, is an antique, or is a rifle which the 
owner intends to use [solely] for sporting, recreational or 
cultural purposes.
  (5) The term ``shotgun'' means a weapon designed or 
redesigned, made or remade, and intended to be fired from the 
shoulder and designed or redesigned and made or remade to use 
the energy of an explosive to fire through a smooth bore either 
a number of ball shot or a single projectile for each single 
pull of the trigger.
  (6) The term ``short-barreled shotgun'' means a shotgun 
having one or more barrels less than eighteen inches in length 
and any weapon made from a shotgun (whether by alteration, 
modification or otherwise) if such a weapon as modified has an 
overall length of less than twenty-six inches.
  (7) The term ``rifle'' means a weapon designed or redesigned, 
made or remade, and intended to be fired from the shoulder and 
designed or redesigned and made or remade to use the energy of 
an explosive to fire only a single projectile through a rifled 
bore for each single pull of the trigger.
  (8) The term ``short-barreled rifle'' means a rifle having 
one or more barrels less than sixteen inches in length and any 
weapon made from a rifle (whether by alteration, modification, 
or otherwise) if such weapon, as modified, has an overall 
length of less than twenty-six inches.
  (9) The term ``importer'' means any person engaged in the 
business of importing or bringing firearms or ammunition into 
the United States for purposes of sale or distribution; and the 
term ``licensed importer'' means any such person licensed under 
the provisions of this chapter.
  (10) The term ``manufacturer'' means any person engaged in 
the business of manufacturing firearms or ammunition for 
purposes of sale or distribution; and the term ``licensed 
manufacturer'' means any such person licensed under the 
provisions of this chapter.
  (11) The term ``dealer'' means (A) any person engaged in the 
business of selling firearms at wholesale or retail, (B) any 
person engaged in the business of repairing firearms or of 
making or fitting special barrels, stocks, or trigger 
mechanisms to firearms, or (C) any person who is a pawnbroker. 
The term ``licensed dealer'' means any dealer who is licensed 
under the provisions of this chapter.
  (12) The term ``pawnbroker'' means any person whose business 
or occupation includes the taking or receiving, by way of 
pledge or pawn, of any firearm as security for the payment or 
repayment of money.
  (13) The term ``collector'' means any person who acquires, 
holds, or disposes of firearms as curios or relics, as the 
Attorney General shall by regulation define, and the term 
``licensed collector'' means any such person licensed under the 
provisions of this chapter.
  (14) The term ``indictment'' includes an indictment or 
information in any court under which a crime punishable by 
imprisonment for a term exceeding one year may be prosecuted.
  (15) The term ``fugitive from justice'' means any person who 
has fled from any State to avoid prosecution for a crime or to 
avoid giving testimony in any criminal proceeding.
  (16) The term ``antique firearm'' means--
          (A) any firearm (including any firearm with a 
        matchlock, flintlock, percussion cap, or similar type 
        of ignition system) manufactured in or before 1898; or
          (B) any replica of any firearm described in 
        subparagraph (A) if such replica--
                  (i) is not designed or redesigned for using 
                rimfire or conventional centerfire fixed 
                ammunition, or
                  (ii) uses rimfire or conventional centerfire 
                fixed ammunition which is no longer 
                manufactured in the United States and which is 
                not readily available in the ordinary channels 
                of commercial trade; or
          (C) any muzzle loading rifle, muzzle loading shotgun, 
        or muzzle loading pistol, which is designed to use 
        black powder, or a black powder substitute, and which 
        cannot use fixed ammunition. For purposes of this 
        subparagraph, the term ``antique firearm'' shall not 
        include any weapon which incorporates a firearm frame 
        or receiver, any firearm which is converted into a 
        muzzle loading weapon, or any muzzle loading weapon 
        which can be readily converted to fire fixed ammunition 
        by replacing the barrel, bolt, breechblock, or any 
        combination thereof.
  (17)(A) The term ``ammunition'' means ammunition or cartridge 
cases, primers, bullets, or propellent powder designed for use 
in any firearm.
  (B) The term ``armor piercing ammunition'' means--
          (i) a projectile or projectile core which [may be 
        used] is designed and intended by the manufacturer or 
        importer for use in a handgun and which is constructed 
        entirely (excluding the presence of traces of other 
        substances) from one or a combination of tungsten 
        alloys, steel, iron, brass, bronze, beryllium copper, 
        or depleted uranium; or
          (ii) a full jacketed projectile larger than .22 
        caliber designed and intended by the manufacturer or 
        importer for use in a handgun and whose jacket has a 
        weight of more than 25 percent of the total weight of 
        the projectile.
  (C) The term ``armor piercing ammunition'' does not include 
shotgun shot required by Federal or State environmental or game 
regulations for hunting purposes, a frangible projectile 
designed for target shooting, a projectile which [the Attorney 
General finds is primarily intended to be used for sporting 
purposes] is primarily intended by the manufacturer or importer 
to be used in a rifle or shotgun, a handgun projectile that is 
designed and intended by the manufacturer or importer to be 
used for hunting, recreational, or competitive shooting, or any 
other projectile or projectile core which the Attorney General 
finds is intended to be used for industrial purposes, including 
a charge used in an oil and gas well perforating device.
  (18) The term ``Attorney General'' means the Attorney General 
of the United States
  (19) The term ``published ordinance'' means a published law 
of any political subdivision of a State which the Attorney 
General determines to be relevant to the enforcement of this 
chapter and which is contained on a list compiled by the 
Attorney General, which list shall be published in the Federal 
Register, revised annually, and furnished to each licensee 
under this chapter.
  (20) The term ``crime punishable by imprisonment for a term 
exceeding one year'' does not include--
          (A) any Federal or State offenses pertaining to 
        antitrust violations, unfair trade practices, 
        restraints of trade, or other similar offenses relating 
        to the regulation of business practices, or
          (B) any State offense classified by the laws of the 
        State as a misdemeanor and punishable by a term of 
        imprisonment of two years or less.
What constitutes a conviction of such a crime shall be 
determined in accordance with the law of the jurisdiction in 
which the proceedings were held. Any conviction which has been 
expunged, or set aside or for which a person has been pardoned 
or has had civil rights restored shall not be considered a 
conviction for purposes of this chapter, unless such pardon, 
expungement, or restoration of civil rights expressly provides 
that the person may not ship, transport, possess, or receive 
firearms.
  (21) The term ``engaged in the business'' means--
          (A) as applied to a manufacturer of firearms, a 
        person who devotes time, attention, and labor to 
        manufacturing firearms as a regular course of trade or 
        business with the principal objective of livelihood and 
        profit through the sale or distribution of the firearms 
        manufactured;
          (B) as applied to a manufacturer of ammunition, a 
        person who devotes time, attention, and labor to 
        manufacturing ammunition as a regular course of trade 
        or business with the principal objective of livelihood 
        and profit through the sale or distribution of the 
        ammunition manufactured;
          (C) as applied to a dealer in firearms, as defined in 
        section 921(a)(11)(A), a person who devotes time, 
        attention, and labor to dealing in firearms as a 
        regular course of trade or business with the principal 
        objective of livelihood and profit through the 
        repetitive purchase and resale of firearms, but such 
        term shall not include a person who makes occasional 
        sales, exchanges, or purchases of firearms for the 
        enhancement of a personal collection or for a hobby, or 
        who sells all or part of his personal collection of 
        firearms;
          (D) as applied to a dealer in firearms, as defined in 
        section 921(a)(11)(B), a person who devotes time, 
        attention, and labor to engaging in such activity as a 
        regular course of trade or business with the principal 
        objective of livelihood and profit, but such term shall 
        not include a person who makes occasional repairs of 
        firearms, or who occasionally fits special barrels, 
        stocks, or trigger mechanisms to firearms;
          (E) as applied to an importer of firearms, a person 
        who devotes time, attention, and labor to importing 
        firearms as a regular course of trade or business with 
        the principal objective of livelihood and profit 
        through the sale or distribution of the firearms 
        imported; and
          (F) as applied to an importer of ammunition, a person 
        who devotes time, attention, and labor to importing 
        ammunition as a regular course of trade or business 
        with the principal objective of livelihood and profit 
        through the sale or distribution of the ammunition 
        imported.
  (22) The term ``with the principal objective of livelihood 
and profit'' means that the intent underlying the sale or 
disposition of firearms is predominantly one of obtaining 
livelihood and pecuniary gain, as opposed to other intents, 
such as improving or liquidating a personal firearms 
collection: Provided, That proof of profit shall not be 
required as to a person who engages in the regular and 
repetitive purchase and disposition of firearms for criminal 
purposes or terrorism. For purposes of this paragraph, the term 
``terrorism'' means activity, directed against United States 
persons, which--
          (A) is committed by an individual who is not a 
        national or permanent resident alien of the United 
        States;
          (B) involves violent acts or acts dangerous to human 
        life which would be a criminal violation if committed 
        within the jurisdiction of the United States; and
          (C) is intended--
                  (i) to intimidate or coerce a civilian 
                population;
                  (ii) to influence the policy of a government 
                by intimidation or coercion; or
                  (iii) to affect the conduct of a government 
                by assassination or kidnapping.
  (23) The term ``machinegun'' has the meaning given such term 
in section 5845(b) of the National Firearms Act (26 U.S.C. 
5845(b)).
  [(24) The terms ``firearm silencer'' and ``firearm muffler'' 
mean any device for silencing, muffling, or diminishing the 
report of a portable firearm, including any combination of 
parts, designed or redesigned, and intended for use in 
assembling or fabricating a firearm silencer or firearm 
muffler, and any part intended only for use in such assembly or 
fabrication.]
  (24)(A) The terms ``firearm silencer'' and ``firearm 
muffler'' mean any device for silencing, muffling, or 
diminishing the report of a portable firearm, including the 
``keystone part'' of such a device.
  (B) The term ``keystone part'' means, with respect to a 
firearm silencer or firearm muffler, an externally visible part 
of a firearm silencer or firearm muffler, without which a 
device capable of silencing, muffling, or diminishing the 
report of a portable firearm cannot be assembled, but the term 
does not include any interchangeable parts designed to mount a 
firearm silencer or firearm muffler to a portable firearm.
  (25) The term ``school zone'' means--
          (A) in, or on the grounds of, a public, parochial or 
        private school; or
          (B) within a distance of 1,000 feet from the grounds 
        of a public, parochial or private school.
  (26) The term ``school'' means a school which provides 
elementary or secondary education, as determined under State 
law.
  (27) The term ``motor vehicle'' has the meaning given such 
term in section 13102 of title 49, United States Code.
  (28) The term ``semiautomatic rifle'' means any repeating 
rifle which utilizes a portion of the energy of a firing 
cartridge to extract the fired cartridge case and chamber the 
next round, and which requires a separate pull of the trigger 
to fire each cartridge.
  (29) The term ``handgun'' means--
          (A) a firearm which has a short stock and is designed 
        to be held and fired by the use of a single hand; and
          (B) any combination of parts from which a firearm 
        described in subparagraph (A) can be assembled.
  (32) The term ``intimate partner'' means, with respect to a 
person, the spouse of the person, a former spouse of the 
person, an individual who is a parent of a child of the person, 
and an individual who cohabitates or has cohabited with the 
person.
  (33)(A) Except as provided in subparagraph (C), the term 
``misdemeanor crime of domestic violence'' means an offense 
that--
          (i) is a misdemeanor under Federal, State, or Tribal 
        law; and
          (ii) has, as an element, the use or attempted use of 
        physical force, or the threatened use of a deadly 
        weapon, committed by a current or former spouse, 
        parent, or guardian of the victim, by a person with 
        whom the victim shares a child in common, by a person 
        who is cohabiting with or has cohabited with the victim 
        as a spouse, parent, or guardian, or by a person 
        similarly situated to a spouse, parent, or guardian of 
        the victim.
  (B)(i) A person shall not be considered to have been 
convicted of such an offense for purposes of this chapter, 
unless--
          (I) the person was represented by counsel in the 
        case, or knowingly and intelligently waived the right 
        to counsel in the case; and
          (II) in the case of a prosecution for an offense 
        described in this paragraph for which a person was 
        entitled to a jury trial in the jurisdiction in which 
        the case was tried, either
                  (aa) the case was tried by a jury, or
                  (bb) the person knowingly and intelligently 
                waived the right to have the case tried by a 
                jury, by guilty plea or otherwise.
  (ii) A person shall not be considered to have been convicted 
of such an offense for purposes of this chapter if the 
conviction has been expunged or set aside, or is an offense for 
which the person has been pardoned or has had civil rights 
restored (if the law of the applicable jurisdiction provides 
for the loss of civil rights under such an offense) unless the 
pardon, expungement, or restoration of civil rights expressly 
provides that the person may not ship, transport, possess, or 
receive firearms.
  (34) The term ``secure gun storage or safety device'' means--
          (A) a device that, when installed on a firearm, is 
        designed to prevent the firearm from being operated 
        without first deactivating the device;
          (B) a device incorporated into the design of the 
        firearm that is designed to prevent the operation of 
        the firearm by anyone not having access to the device; 
        or
          (C) a safe, gun safe, gun case, lock box, or other 
        device that is designed to be or can be used to store a 
        firearm and that is designed to be unlocked only by 
        means of a key, a combination, or other similar means.
  (35) The term ``body armor'' means any product sold or 
offered for sale, in interstate or foreign commerce, as 
personal protective body covering intended to protect against 
gunfire, regardless of whether the product is to be worn alone 
or is sold as a complement to another product or garment.
  (b) For the purposes of this chapter, a member of the Armed 
Forces on active duty is a resident of the State in which his 
permanent duty station is located.

Sec. 922. Unlawful acts

  (a) It shall be unlawful--
          (1) for any person--
                  (A) except a licensed importer, licensed 
                manufacturer, or licensed dealer, to engage in 
                the business of importing, manufacturing, or 
                dealing in firearms, or in the course of such 
                business to ship, transport, or receive any 
                firearm in interstate or foreign commerce; or
                  (B) except a licensed importer or licensed 
                manufacturer, to engage in the business of 
                importing or manufacturing ammunition, or in 
                the course of such business, to ship, 
                transport, or receive any ammunition in 
                interstate or foreign commerce;
          (2) for any importer, manufacturer, dealer, or 
        collector licensed under the provisions of this chapter 
        to ship or transport in interstate or foreign commerce 
        any firearm to any person other than a licensed 
        importer, licensed manufacturer, licensed dealer, or 
        licensed collector, except that--
                  (A) this paragraph and subsection (b)(3) 
                shall not be held to preclude a licensed 
                importer, licensed manufacturer, licensed 
                dealer, or licensed collector from returning a 
                firearm or replacement firearm of the same kind 
                and type to a person from whom it was received; 
                and this paragraph shall not be held to 
                preclude an individual from mailing a firearm 
                owned in compliance with Federal, State, and 
                local law to a licensed importer, licensed 
                manufacturer, licensed dealer, or licensed 
                collector;
                  (B) this paragraph shall not be held to 
                preclude a licensed importer, licensed 
                manufacturer, or licensed dealer from 
                depositing a firearm for conveyance in the 
                mails to any officer, employee, agent, or 
                watchman who, pursuant to the provisions of 
                section 1715 of this title, is eligible to 
                receive through the mails pistols, revolvers, 
                and other firearms capable of being concealed 
                on the person, for use in connection with his 
                official duty; and
                  (C) nothing in this paragraph shall be 
                construed as applying in any manner in the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, or any possession of the United 
                States differently than it would apply if the 
                District of Columbia, the Commonwealth of 
                Puerto Rico, or the possession were in fact a 
                State of the United States;
          (3) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector to transport into or receive in the State 
        where he resides (or if the person is a corporation or 
        other business entity, the State where it maintains a 
        place of business) any fire arm purchased or otherwise 
        obtained by such person outside that State, except that 
        this paragraph (A) shall not preclude any person who 
        lawfully acquires a firearm by bequest or intestate 
        succession in a State other than his State of residence 
        from transporting the firearm into or receiving it in 
        that State, if it is lawful for such person to purchase 
        or possess such firearm in that State, (B) shall not 
        apply to the transportation or receipt of a firearm 
        obtained in conformity with subsection (b)(3) of this 
        section, and (C) shall not apply to the transportation 
        of any firearm acquired in any State prior to the 
        effective date of this chapter;
          (4) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector, to transport in interstate or foreign 
        commerce any destructive device, machinegun (as defined 
        in section 5845 of the Internal Revenue Code of 1986), 
        short-barreled shotgun, or short-barreled rifle, except 
        as specifically authorized by the Attorney General 
        consistent with public safety and necessity;
          (5) for any person (other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector) to transfer, sell, trade, give, transport, 
        or deliver any firearm to any person (other than a 
        licensed importer, licensed manufacturer, licensed 
        dealer, or licensed collector) who the transferor knows 
        or has reasonable cause to believe does not reside in 
        (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the 
        State in which the transferor resides; except that this 
        paragraph shall not apply to (A) the transfer, 
        transportation, or delivery of a firearm made to carry 
        out a bequest of a firearm to, or an acquisition by 
        intestate succession of a firearm by, a person who is 
        permitted to acquire or possess a firearm under the 
        laws of the State of his residence, and (B) the loan or 
        rental of a firearm to any person for temporary use for 
        lawful [sporting] purposes;
          (6) for any person in connection with the acquisition 
        or attempted acquisition of any firearm or ammunition 
        from a licensed importer, licensed manufacturer, 
        licensed dealer, or licensed collector, knowingly to 
        make any false or fictitious oral or written statement 
        or to furnish or exhibit any false, fictitious, or 
        misrepresented identification, intended or likely to 
        deceive such importer, manufacturer, dealer, or 
        collector with respect to any fact material to the 
        lawfulness of the sale or other disposition of such 
        firearm or ammunition under the provisions of this 
        chapter;
          [(7) for any person to manufacture or import armor 
        piercing ammunition, unless--
                  [(A) the manufacture of such ammunition is 
                for the use of the United States, any 
                department or agency of the United States, any 
                State, or any department, agency, or political 
                subdivision of a State;
                  [(B) the manufacture of such ammunition is 
                for the purpose of exportation; or
                  [(C) the manufacture or importation of such 
                ammunition is for the purpose of testing or 
                experimentation and has been authorized by the 
                Attorney General;]
          (7) for any person to manufacture or import armor 
        piercing ammunition, unless the manufacture or 
        importation of the ammunition--
                  (A) is for the use of the United States, any 
                department or agency of the United States, any 
                State, or any department, agency, or political 
                subdivision of a State;
                  (B) is for the purpose of exportation; or
                  (C) is for the purpose of testing or 
                experimentation, and has been authorized by the 
                Attorney General;
          (8) for any manufacturer or importer to sell or 
        deliver armor piercing ammunition, unless such sale or 
        delivery--
                  (A) is for the use of the United States, any 
                department or agency of the United States, any 
                State, or any department, agency, or political 
                subdivision of a State;
                  (B) is for the purpose of exportation; or
                  (C) is for the purpose of testing or 
                experimentation and has been authorized by the 
                Attorney General;
          (9) for any person, other than a licensed importer, 
        licensed manufacturer, licensed dealer, or licensed 
        collector, who does not reside in any State to receive 
        any firearms unless such receipt is for lawful 
        [sporting] purposes.
  (b) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector to sell or 
deliver--
          (1) any firearm or ammunition to any individual who 
        the licensee knows or has reasonable cause to believe 
        is less than eighteen years of age, and, if the 
        firearm, or ammunition is other than a [shotgun or 
        rifle] shotgun, rifle, firearm silencer or firearm 
        muffler, or ammunition for a shotgun or rifle, to any 
        individual who the licensee knows or has reasonable 
        cause to believe is less than twenty-one years of age;
          (2) any firearm to any person in any State where the 
        purchase or possession by such person of such firearm 
        would be in violation of any State law or any published 
        ordinance applicable at the place of sale, delivery or 
        other disposition, unless the licensee knows or has 
        reasonable cause to believe that the purchase or 
        possession would not be in violation of such State law 
        or such published ordinance;
          (3) any firearm to any person who the licensee knows 
        or has reasonable cause to believe does not reside in 
        (or if the person is a corporation or other business 
        entity, does not maintain a place of business in) the 
        State in which the licensee's place of business is 
        located, except that this paragraph (A) shall not apply 
        to the sale or delivery of any [rifle or shotgun] 
        shotgun, rifle, firearm silencer or firearm muffler to 
        a resident of a State other than a State in which the 
        licensee's place of business is located if the 
        transferee meets in person with the transferor to 
        accomplish the transfer, and the sale, delivery, and 
        receipt fully comply with the legal conditions of sale 
        in both such States (and any licensed manufacturer, 
        importer or dealer shall be presumed, for purposes of 
        this subparagraph, in the absence of evidence to the 
        contrary, to have had actual knowledge of the State 
        laws and published ordinances of both States), and (B) 
        shall not apply to the loan or rental of a firearm to 
        any person for temporary use for lawful [sporting] 
        purposes;
          (4) to any person any destructive device, machinegun 
        (as defined in section 5845 of the Internal Revenue 
        Code of 1986), short-barreled shotgun, or short-
        barreled rifle, except as specifically authorized by 
        the Attorney General consistent with public safety and 
        necessity; and
          (5) any firearm or armor-piercing ammunition to any 
        person unless the licensee notes in his records, 
        required to be kept pursuant to section 923 of this 
        chapter, the name, age, and place of residence of such 
        person if the person is an individual, or the identity 
        and principal and local places of business of such 
        person if the person is a corporation or other business 
        entity.
Paragraphs (1), (2), (3), and (4) of this subsection shall not 
apply to transactions between licensed importers, licensed 
manufacturers, licensed dealers, and licensed collectors. 
Paragraph (4) of this subsection shall not apply to a sale or 
delivery to any research organization designated by the 
Attorney General.
  (c) In any case not otherwise prohibited by this chapter, a 
licensed importer, licensed manufacturer, or licensed dealer 
may sell a firearm to a person who does not appear in person at 
the licensee's business premises (other than another licensed 
importer, manufacturer, or dealer) only if--
          (1) the transferee submits to the transferor a sworn 
        statement in the following form:
                  ``Subject to penalties provided by law, I 
                swear that, in the case of any firearm other 
                than a shotgun or a rifle, I am twenty-one 
                years or more of age, or that, in the case of a 
                shotgun or a rifle, I am eighteen years or more 
                of age; that I am not prohibited by the 
                provisions of chapter 44 of title 18, United 
                States Code, from receiving a firearm in 
                interstate or foreign commerce; and that my 
                receipt of this firearm will not be in 
                violation of any statute of the State and 
                published ordinance applicable to the locality 
                in which I reside. Further, the true title, 
                name, and address of the principal law 
                enforcement officer of the locality to which 
                the firearm will be delivered are -- -- -- -- 
                -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- 
                -- -- -- -- -- -- -- -- -- -- Signature -- -- 
                -- -- -- -- -- -- -- -- Date -- -- -- --.'' and 
                containing blank spaces for the attachment of a 
                true copy of any permit or other information 
                required pursuant to such statute or published 
                ordinance;
          (2) the transferor has, prior to the shipment or 
        delivery of the firearm, forwarded by registered or 
        certified mail (return receipt requested) a copy of the 
        sworn statement, together with a description of the 
        firearm, in a form prescribed by the Attorney General, 
        to the chief law enforcement officer of the 
        transferee's place of residence, and has received a 
        return receipt evidencing delivery of the statement or 
        has had the statement returned due to the refusal of 
        the named addressee to accept such letter in accordance 
        with United States Post Office Department regulations; 
        and
          (3) the transferor has delayed shipment or delivery 
        for a period of at least seven days following receipt 
        of the notification of the acceptance or refusal of 
        delivery of the statement.
A copy of the sworn statement and a copy of the notification to 
the local law enforcement officer, together with evidence of 
receipt or rejection of that notification shall be retained by 
the licensee as a part of the records required to be kept under 
section 923(g).
  (d) It shall be unlawful for any person to sell or otherwise 
dispose of any firearm or ammunition to any person knowing or 
having reasonable cause to believe that such person--
          (1) is under indictment for, or has been convicted in 
        any court of, a crime punishable by imprisonment for a 
        term exceeding one year;
          (2) is a fugitive from justice;
          (3) is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) has been adjudicated as a mental defective or has 
        been committed to any mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) is subject to a court order that restrains such 
        person from harassing, stalking, or threatening an 
        intimate partner of such person or child of such 
        intimate partner or person, or engaging in other 
        conduct that would place an intimate partner in 
        reasonable fear of bodily injury to the partner or 
        child, except that this paragraph shall only apply to a 
        court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had the opportunity to participate; 
                and
                  (B)(i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; or
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; or
          (9) has been convicted in any court of a misdemeanor 
        crime of domestic violence.
This subsection shall not apply with respect to the sale or 
disposition of a firearm or ammunition to a licensed importer, 
licensed manufacturer, licensed dealer, or licensed collector 
who pursuant to subsection (b) of section 925 of this chapter 
is not precluded from dealing in firearms or ammunition, or to 
a person who has been granted relief from disabilities pursuant 
to subsection (c) of section 925 of this chapter.
  (e) It shall be unlawful for any person knowingly to deliver 
or cause to be delivered to any common or contract carrier for 
transportation or shipment in interstate or foreign commerce, 
to persons other than licensed importers, licensed 
manufacturers, licensed dealers, or licensed collectors, any 
package or other container in which there is any firearm or 
ammunition without written notice to the carrier that such 
firearm or ammunition is being transported or shipped; except 
that any passenger who owns or legally possesses a firearm or 
ammunition being transported aboard any common or contract 
carrier for movement with the passenger in interstate or 
foreign commerce may deliver said firearm or ammunition into 
the custody of the pilot, captain, conductor or operator of 
such common or contract carrier for the duration of the trip 
without violating any of the provisions of this chapter. No 
common or contract carrier shall require or cause any label, 
tag, or other written notice to be placed on the outside of any 
package, luggage, or other container that such package, 
luggage, or other container contains a firearm.
  (f)(1) It shall be unlawful for any common or contract 
carrier to transport or deliver in interstate or foreign 
commerce any firearm or ammunition with knowledge or reasonable 
cause to believe that the shipment transportation, or receipt 
thereof would be in violation of the provisions of this 
chapter.
  (2) It shall be unlawful for any common or contract carrier 
to deliver in interstate or foreign commerce any firearm 
without obtaining written acknowledgement of receipt from the 
recipient of the package or other container in which there is a 
firearm.
  (g) It shall be unlawful for any person--
          (1) who has been convicted in any court of, a crime 
        punishable by imprisonment for a term exceeding one 
        year;
          (2) who is a fugitive from justice;
          (3) who is an unlawful user of or addicted to any 
        controlled substance (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
          (4) who has been adjudicated as a mental defective or 
        who has been committed to a mental institution;
          (5) who, being an alien--
                  (A) is illegally or unlawfully in the United 
                States; or
                  (B) except as provided in subsection (y)(2), 
                has been admitted to the United States under a 
                nonimmigrant visa (as that term is defined in 
                section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)));
          (6) who has been discharged from the Armed Forces 
        under dishonorable conditions;
          (7) who, having been a citizen of the United States, 
        has renounced his citizenship;
          (8) who is subject to a court order that--
                  (A) was issued after a hearing of which such 
                person received actual notice, and at which 
                such person had an opportunity to participate;
                  (B) restrains such person from harassing, 
                stalking, or threatening an intimate partner of 
                such person or child of such intimate partner 
                or person, or engaging in other conduct that 
                would place an intimate partner in reasonable 
                fear of bodily injury to the partner or child; 
                and
                  (C)(i) includes a finding that such person 
                represents a credible threat to the physical 
                safety of such intimate partner or child; or
                  (ii) by its terms explicitly prohibits the 
                use, attempted use, or threatened use of 
                physical force against such intimate partner or 
                child that would reasonably be expected to 
                cause bodily injury; or
          (9) who has been convicted in any court of a 
        misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or 
possess in or affecting commerce, any firearm or ammunition; or 
to receive any firearm or ammunition which has been shipped or 
transported in interstate or foreign commerce.
  (h) It shall be unlawful for any individual, who to that 
individual's knowledge and while being employed for any person 
described in any paragraph of subsection (g) of this section, 
in the course of such employment--
          (1) to receive, possess, or transport any firearm or 
        ammunition in or affecting interstate or foreign 
        commerce; or
          (2) to receive any firearm or ammunition which has 
        been shipped or transported in interstate or foreign 
        commerce.
  (i) It shall be unlawful for any person to transport or ship 
in interstate or foreign commerce, any stolen firearms or 
stolen ammunition, knowing or having reasonable cause to 
believe that the firearm or ammunition was stolen.
  (j) It shall be unlawful for any person to receive, possess, 
conceal, store, barter, sell, or dispose of any stolen firearm 
or stolen ammunition, or pledge or accept as security for a 
loan any stolen firearm or stolen ammunition, which is moving 
as, which is a part of, which constitutes, or which has been 
shipped or transported in, interstate or foreign commerce, 
either before or after it was stolen, knowing or having 
reasonable cause to believe that the firearm or ammunition was 
stolen.
  (k) It shall be unlawful for any person knowingly to 
transport, ship, or receive, in interstate or foreign commerce, 
any firearm which has had the importer's or manufacturer's 
serial number removed, obliterated, or altered or to possess or 
receive any firearm which has had the importer's or 
manufacturer's serial number removed, obliterated, or altered 
and has, at any time, been shipped or transported in interstate 
or foreign commerce.
  (l) Except as provided in section [925(d) of this chapter] 
925, it shall be unlawful for any person knowingly to import or 
bring into the United States or any possession thereof any 
firearm or ammunition; and it shall be unlawful for any person 
knowingly to receive any firearm or ammunition which has been 
imported or brought into the United States or any possession 
thereof in violation of the provisions of this chapter.
  (m) It shall be unlawful for any licensed importer, licensed 
manufacturer, licensed dealer, or licensed collector knowingly 
to make any false entry in, to fail to make appropriate entry 
in, or to fail to properly maintain, any record which he is 
required to keep pursuant to section 923 of this chapter or 
regulations promulgated thereunder.
  (n) It shall be unlawful for any person who is under 
indictment for a crime punishable by imprisonment for a term 
exceeding one year to ship or transport in interstate or 
foreign commerce any firearm or ammunition or receive any 
firearm or ammunition which has been shipped or transported in 
interstate or foreign commerce.
  (o)(1) Except as provided in paragraph (2), it shall be 
unlawful for any person to transfer or possess a machinegun.
  (2) This subsection does not apply with respect to--
          (A) a transfer to or by, or possession by or under 
        the authority of, the United States or any department 
        or agency thereof or a State, or a department, agency, 
        or political subdivision thereof; or
          (B) any lawful transfer or lawful possession of a 
        machinegun that was lawfully possessed before the date 
        this subsection takes effect.
  (p)(1) It shall be unlawful for any person to manufacture, 
import, sell, ship, deliver, possess, transfer, or receive any 
firearm--
          (A) that, after removal of grips, stocks, and 
        magazines, is not as detectable as the Security 
        Exemplar, by walk-through metal detectors calibrated 
        and operated to detect the Security Exemplar; or
          (B) any major component of which, when subjected to 
        inspection by the types of x-ray machines commonly used 
        at airports, does not generate an image that accurately 
        depicts the shape of the component. Barium sulfate or 
        other compounds may be used in the fabrication of the 
        component.
  (2) For purposes of this subsection--
          (A) the term ``firearm'' does not include the frame 
        or receiver of any such weapon;
          (B) the term ``major component'' means, with respect 
        to a firearm, the barrel, the slide or cylinder, or the 
        frame or receiver of the firearm; and
          (C) the term ``Security Exemplar'' means an object, 
        to be fabricated at the direction of the Attorney 
        General, that is--
                  (i) constructed of, during the 12-month 
                period beginning on the date of the enactment 
                of this subsection, 3.7 ounces of material type 
                17-4 PH stainless steel in a shape resembling a 
                handgun; and
                  (ii) suitable for testing and calibrating 
                metal detectors: Provided, however, That at the 
                close of such 12-month period, and
        at appropriate times thereafter the Attorney General 
        shall promulgate regulations to permit the manufacture, 
        importation, sale, shipment, delivery, possession, 
        transfer, or receipt of firearms previously prohibited 
        under this subparagraph that are as detectable as a 
        ``Security Exemplar'' which contains 3.7 ounces of 
        material type 17-4 PH stainless steel, in a shape 
        resembling a handgun, or such lesser amount as is 
        detectable in view of advances in state-of-the-art 
        developments in weapons detection technology.
  (3) Under such rules and regulations as the Attorney General 
shall prescribe, this subsection shall not apply to the 
manufacture, possession, transfer, receipt, shipment, or 
delivery of a firearm by a licensed manufacturer or any person 
acting pursuant to a contract with a licensed manufacturer, for 
the purpose of examining and testing such firearm to determine 
whether paragraph (1) applies to such firearm. The Attorney 
General shall ensure that rules and regulations adopted 
pursuant to this paragraph do not impair the manufacture of 
prototype firearms or the development of new technology.
  (4) The Attorney General shall permit the conditional 
importation of a firearm by a licensed importer or licensed 
manufacturer, for examination and testing to determine whether 
or not the unconditional importation of such firearm would 
violate this subsection.
  (5) This subsection shall not apply to any firearm which--
          (A) has been certified by the Secretary of Defense or 
        the Director of Central Intelligence, after 
        consultation with the Attorney General and the 
        Administrator of the Federal Aviation Administration, 
        as necessary for military or intelligence applications; 
        and
          (B) is manufactured for and sold exclusively to 
        military or intelligence agencies of the United States.
  (6) This subsection shall not apply with respect to any 
firearm manufactured in, imported into, or possessed in the 
United States before the date of the enactment of the 
Undetectable Firearms Act of 1988.
  (q)(1) The Congress finds and declares that--
          (A) crime, particularly crime involving drugs and 
        guns, is a pervasive, nationwide problem;
          (B) crime at the local level is exacerbated by the 
        interstate movement of drugs, guns, and criminal gangs;
          (C) firearms and ammunition move easily in interstate 
        commerce and have been found in increasing numbers in 
        and around schools, as documented in numerous hearings 
        in both the Committee on the Judiciary the House of 
        Representatives and the Committee on the Judiciary of 
        the Senate;
          (D) in fact, even before the sale of a firearm, the 
        gun, its component parts, ammunition, and the raw 
        materials from which they are made have considerably 
        moved in interstate commerce;
          (E) while criminals freely move from State to State, 
        ordinary citizens and foreign visitors may fear to 
        travel to or through certain parts of the country due 
        to concern about violent crime and gun violence, and 
        parents may decline to send their children to school 
        for the same reason;
          (F) the occurrence of violent crime in school zones 
        has resulted in a decline in the quality of education 
        in our country;
          (G) this decline in the quality of education has an 
        adverse impact on interstate commerce and the foreign 
        commerce of the United States;
          (H) States, localities, and school systems find it 
        almost impossible to handle gun-related crime by 
        themselves--even States, localities, and school systems 
        that have made strong efforts to prevent, detect, and 
        punish gun-related crime find their efforts unavailing 
        due in part to the failure or inability of other States 
        or localities to take strong measures; and
          (I) the Congress has the power, under the interstate 
        commerce clause and other provisions of the 
        Constitution, to enact measures to ensure the integrity 
        and safety of the Nation's schools by enactment of this 
        subsection.
  (2)(A) It shall be unlawful for any individual knowingly to 
possess a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the individual 
knows, or has reasonable cause to believe, is a school zone.
  (B) Subparagraph (A) does not apply to the possession of a 
firearm--
          (i) on private property not part of school grounds;
          (ii) if the individual possessing the firearm is 
        licensed to do so by the State in which the school zone 
        is located or a political subdivision of the State, and 
        the law of the State or political subdivision requires 
        that, before an individual obtains such a license, the 
        law enforcement authorities of the State or political 
        subdivision verify that the individual is qualified 
        under law to receive the license;
          (iii) that is--
                  (I) not loaded; and
                  (II) in a locked container, or a locked 
                firearms rack that is on a motor vehicle;
          (iv) by an individual for use in a program approved 
        by a school in the school zone;
          (v) by an individual in accordance with a contract 
        entered into between a school in the school zone and 
        the individual or an employer of the individual;
          (vi) by a law enforcement officer acting in his or 
        her official capacity; or
          (vii) that is unloaded and is possessed by an 
        individual while traversing school premises for the 
        purpose of gaining access to public or private lands 
        open to hunting, if the entry on school premises is 
        authorized by school authorities.
  (3)(A) Except as provided in subparagraph (B), it shall be 
unlawful for any person, knowingly or with reckless disregard 
for the safety of another, to discharge or attempt to discharge 
a firearm that has moved in or that otherwise affects 
interstate or foreign commerce at a place that the person knows 
is a school zone.
  (B) Subparagraph (A) does not apply to the discharge of a 
firearm--
          (i) on private property not part of school grounds;
          (ii) as part of a program approved by a school in the 
        school zone, by an individual who is participating in 
        the program;
          (iii) by an individual in accordance with a contract 
        entered into between a school in a school zone and the 
        individual or an employer of the individual; or
          (iv) by a law enforcement officer acting in his or 
        her official capacity.
  (4) Nothing in this subsection shall be construed as 
preempting or preventing a State or local government from 
enacting a statute establishing gun free school zones as 
provided in this subsection.
  [(r) It shall be unlawful for any person to assemble from 
imported parts any semiautomatic rifle or any shotgun which is 
identical to any rifle or shotgun prohibited from importation 
under section 925(d)(3) of this chapter as not being 
particularly suitable for or readily adaptable to sporting 
purposes except that this subsection shall not apply to--
          [(1) the assembly of any such rifle or shotgun for 
        sale or distribution by a licensed manufacturer to the 
        United States or any department or agency thereof or to 
        any State or any department, agency, or political 
        subdivision thereof; or
          [(2) the assembly of any such rifle or shotgun for 
        the purposes of testing or experimentation authorized 
        by the Attorney General.]
  (s)(1) Beginning on the date that is 90 days after the date 
of enactment of this subsection and ending on the day before 
the date that is 60 months after such date of enactment, it 
shall be unlawful for any licensed importer, licensed 
manufacturer, or licensed dealer to sell, deliver, or transfer 
a handgun (other than the return of a handgun to the person 
from whom it was received) to an individual who is not licensed 
under section 923, unless--
          (A) after the most recent proposal of such transfer 
        by the transferee--
                  (i) the transferor has--
                          (I) received from the transferee a 
                        statement of the transferee containing 
                        the information described in paragraph 
                        (3);
                          (II) verified the identity of the 
                        transferee by examining the 
                        identification document presented;
                          (III) within 1 day after the 
                        transferee furnishes the statement, 
                        provided notice of the contents of the 
                        statement to the chief law enforcement 
                        officer of the place of residence of 
                        the transferee; and
                          (IV) within 1 day after the 
                        transferee furnishes the statement, 
                        transmitted a copy of the statement to 
                        the chief law enforcement officer of 
                        the place of residence of the 
                        transferee; and
                  (ii)(I) 5 business days (meaning days on 
                which State offices are open) have elapsed from 
                the date the transferor furnished notice of the 
                contents of the statement to the chief law 
                enforcement officer, during which period the 
                transferor has not received information from 
                the chief law enforcement officer that receipt 
                or possession of the handgun by the transferee 
                would be in violation of Federal, State, or 
                local law; or
                  (II) the transferor has received notice from 
                the chief law enforcement officer that the 
                officer has no information indicating that 
                receipt or possession of the handgun by the 
                transferee would violate Federal, State, or 
                local law;
          (B) the transferee has presented to the transferor a 
        written statement, issued by the chief law enforcement 
        officer of the place of residence of the transferee 
        during the 10-day period ending on the date of the most 
        recent proposal of such transfer by the transferee, 
        stating that the transferee requires access to a 
        handgun because of a threat to the life of the 
        transferee or of any member of the household of the 
        transferee;
          (C)(i) the transferee has presented to the transferor 
        a permit that--
                  (I) allows the transferee to possess or 
                acquire a handgun; and
                  (II) was issued not more than 5 years earlier 
                by the State in which the transfer is to take 
                place; and
          (ii) the law of the State provides that such a permit 
        is to be issued only after an authorized government 
        official has verified that the information available to 
        such official does not indicate that possession of a 
        handgun by the transferee would be in violation of the 
        law;
          (D) the law of the State requires that, before any 
        licensed importer, licensed manufacturer, or licensed 
        dealer completes the transfer of a handgun to an 
        individual who is not licensed under section 923, an 
        authorized government official verify that the 
        information available to such official does not 
        indicate that possession of a handgun by the transferee 
        would be in violation of law;
          (E) the Attorney General has approved the transfer 
        under section 5812 of the Internal Revenue Code of 
        1986; or
          (F) on application of the transferor, the Attorney 
        General has certified that compliance with subparagraph 
        (A)(i)(III) is impracticable because--
                  (i) the ratio of the number of law 
                enforcement officers of the State in which the 
                transfer is to occur to the number of square 
                miles of land area of the State does not exceed 
                0.0025;
                  (ii) the business premises of the transferor 
                at which the transfer is to occur are extremely 
                remote in relation to the chief law enforcement 
                officer; and
                  (iii) there is an absence of 
                telecommunications facilities in the 
                geographical area in which the business 
                premises are located.
  (2) A chief law enforcement officer to whom a transferor has 
provided notice pursuant to paragraph (1)(A)(i)(III) shall make 
a reasonable effort to ascertain within 5 business days whether 
receipt or possession would be in violation of the law, 
including research in whatever State and local recordkeeping 
systems are available and in a national system designated by 
the Attorney General.
  (3) The statement referred to in paragraph (1)(A)(i)(I) shall 
contain only--
          (A) the name, address, and date of birth appearing on 
        a valid identification document (as defined in section 
        1028(d)(1)) of the transferee containing a photograph 
        of the transferee and a description of the 
        identification used;
          (B) a statement that the transferee--
                  (i) is not under indictment for, and has not 
                been convicted in any court of, a crime 
                punishable by imprisonment for a term exceeding 
                1 year, and has not been convicted in any court 
                of a misdemeanor crime of domestic violence;
                  (ii) is not a fugitive from justice;
                  (iii) is not an unlawful user of or addicted 
                to any controlled substance (as defined in 
                section 102 of the Controlled Substances Act);
                  (iv) has not been adjudicated as a mental 
                defective or been committed to a mental 
                institution;
                  (v) is not an alien who--
                          (I) is illegally or unlawfully in the 
                        United States; or
                          (II) subject to subsection (y)(2), 
                        has been admitted to the United States 
                        under a nonimmigrant visa (as that term 
                        is defined in section 101(a)(26) of the 
                        Immigration and Nationality Act (8 
                        U.S.C. 1101(a)(26)));
                  (vi) has not been discharged from the Armed 
                Forces under dishonorable conditions; and
                  (vii) is not a person who, having been a 
                citizen of the United States, has renounced 
                such citizenship;
          (C) the date the statement is made; and
          (D) notice that the transferee intends to obtain a 
        handgun from the transferor.
  (4) Any transferor of a handgun who, after such transfer, 
receives a report from a chief law enforcement officer 
containing information that receipt or possession of the 
handgun by the transferee violates Federal, State, or local law 
shall, within 1 business day after receipt of such request, 
communicate any information related to the transfer that the 
transferor has about the transfer and the transferee to--
          (A) the chief law enforcement officer of the place of 
        business of the transferor; and
          (B) the chief law enforcement officer of the place of 
        residence of the transferee.
  (5) Any transferor who receives information, not otherwise 
available to the public, in a report under this subsection 
shall not disclose such information except to the transferee, 
to law enforcement authorities, or pursuant to the direction of 
a court of law.
  (6)(A) Any transferor who sells, delivers, or otherwise 
transfers a handgun to a transferee shall retain the copy of 
the statement of the transferee with respect to the handgun 
transaction, and shall retain evidence that the transferor has 
complied with subclauses (III) and (IV) of paragraph (1)(A)(i) 
with respect to the statement.
  (B) Unless the chief law enforcement officer to whom a 
statement is transmitted under paragraph (1)(A)(i)(IV) 
determines that a transaction would violate Federal, State, or 
local law--
          (i) the officer shall, within 20 business days after 
        the date the transferee made the statement on the basis 
        of which the notice was provided, destroy the 
        statement, any record containing information derived 
        from the statement, and any record created as a result 
        of the notice required by paragraph (1)(A)(i)(III);
          (ii) the information contained in the statement shall 
        not be conveyed to any person except a person who has a 
        need to know in order to carry out this subsection; and
          (iii) the information contained in the statement 
        shall not be used for any purpose other than to carry 
        out this subsection.
  (C) If a chief law enforcement officer determines that an 
individual is ineligible to receive a handgun and the 
individual requests the officer to provide the reason for such 
determination, the officer shall provide such reasons to the 
individual in writing within 20 business days after receipt of 
the request.
  (7) A chief law enforcement officer or other person 
responsible for providing criminal history background 
information pursuant to this subsection shall not be liable in 
an action at law for damages--
          (A) for failure to prevent the sale or transfer of a 
        handgun to a person whose receipt or possession of the 
        handgun is unlawful under this section; or
          (B) for preventing such a sale or transfer to a 
        person who may lawfully receive or possess a handgun.
  (8) For purposes of this subsection, the term ``chief law 
enforcement officer'' means the chief of police, the sheriff, 
or an equivalent officer or the designee of any such 
individual.
  (9) The Attorney General shall take necessary actions to 
ensure that the provisions of this subsection are published and 
disseminated to licensed dealers, law enforcement officials, 
and the public.
  (t)(1) Beginning on the date that is 30 days after the 
Attorney General notifies licensees under section 103(d) of the 
Brady Handgun Violence Prevention Act that the national instant 
criminal background check system is established, a licensed 
importer, licensed manufacturer, or licensed dealer shall not 
transfer a firearm to any other person who is not licensed 
under this chapter, unless--
          (A) before the completion of the transfer, the 
        licensee contacts the national instant criminal 
        background check system established under section 103 
        of that Act;
          (B)(i) the system provides the licensee with a unique 
        identification number; or
          (ii) 3 business days (meaning a day on which State 
        offices are open) have elapsed since the licensee 
        contacted the system, and the system has not notified 
        the licensee that the receipt of a firearm by such 
        other person would violate subsection (g) or (n) of 
        this section; and
          (C) the transferor has verified the identity of the 
        transferee by examining a valid identification document 
        (as defined in section 1028(d) of this title) of the 
        transferee containing a photograph of the transferee.
  (2) If receipt of a firearm would not violate subsection (g) 
or (n) or State law, the system shall--
          (A) assign a unique identification number to the 
        transfer;
          (B) provide the licensee with the number; and
          (C) destroy all records of the system with respect to 
        the call (other than the identifying number and the 
        date the number was assigned) and all records of the 
        system relating to the person or the transfer.
  (3) Paragraph (1) shall not apply to a firearm transfer 
between a licensee and another person if--
          (A)(i) such other person has presented to the 
        licensee a permit that--
                  (I) allows such other person to possess or 
                acquire a firearm; and
                  (II) was issued not more than 5 years earlier 
                by the State in which the transfer is to take 
                place; and
          (ii) the law of the State provides that such a permit 
        is to be issued only after an authorized government 
        official has verified that the information available to 
        such official does not indicate that possession of a 
        firearm by such other person would be in violation of 
        law;
          (B) the Attorney General has approved the transfer 
        under section 5812 of the Internal Revenue Code of 
        1986; or
          (C) on application of the transferor, the Attorney 
        General has certified that compliance with paragraph 
        (1)(A) is impracticable because--
                  (i) the ratio of the number of law 
                enforcement officers of the State in which the 
                transfer is to occur to the number of square 
                miles of land area of the State does not exceed 
                0.0025;
                  (ii) the business premises of the licensee at 
                which the transfer is to occur are extremely 
                remote in relation to the chief law enforcement 
                officer (as defined in subsection (s)(8)); and
                  (iii) there is an absence of 
                telecommunications facilities in the 
                geographical area in which the business 
                premises are located.
  (4) If the national instant criminal background check system 
notifies the licensee that the information available to the 
system does not demonstrate that the receipt of a firearm by 
such other person would violate subsection (g) or (n) or State 
law, and the licensee transfers a firearm to such other person, 
the licensee shall include in the record of the transfer the 
unique identification number provided by the system with 
respect to the transfer.
  (5) If the licensee knowingly transfers a firearm to such 
other person and knowingly fails to comply with paragraph (1) 
of this subsection with respect to the transfer and, at the 
time such other person most recently proposed the transfer, the 
national instant criminal background check system was operating 
and information was available to the system demonstrating that 
receipt of a firearm by such other person would violate 
subsection (g) or (n) of this section or State law, the 
Attorney General may, after notice and opportunity for a 
hearing, suspend for not more than 6 months or revoke any 
license issued to the licensee under section 923, and may 
impose on the licensee a civil fine of not more than $5,000.
  (6) Neither a local government nor an employee of the Federal 
Government or of any State or local government, responsible for 
providing information to the national instant criminal 
background check system shall be liable in an action at law for 
damages--
          (A) for failure to prevent the sale or transfer of a 
        firearm to a person whose receipt or possession of the 
        firearm is unlawful under this section; or
          (B) for preventing such a sale or transfer to a 
        person who may lawfully receive or possess a firearm.
  (u) It shall be unlawful for a person to steal or unlawfully 
take or carry away from the person or the premises of a person 
who is licensed to engage in the business of importing, 
manufacturing, or dealing in firearms, any firearm in the 
licensee's business inventory that has been shipped or 
transported in interstate or foreign commerce.
  (x)(1) It shall be unlawful for a person to sell, deliver, or 
otherwise transfer to a person who the transferor knows or has 
reasonable cause to believe is a juvenile--
          (A) a handgun; or
          (B) ammunition that is suitable for use only in a 
        handgun.
  (2) It shall be unlawful for any person who is a juvenile to 
knowingly possess--
          (A) a handgun; or
          (B) ammunition that is suitable for use only in a 
        handgun.
  (3) This subsection does not apply to--
          (A) a temporary transfer of a handgun or ammunition 
        to a juvenile or to the possession or use of a handgun 
        or ammunition by a juvenile if the handgun and 
        ammunition are possessed and used by the juvenile--
                  (i) in the course of employment, in the 
                course of ranching or farming related to 
                activities at the residence of the juvenile (or 
                on property used for ranching or farming at 
                which the juvenile, with the permission of the 
                property owner or lessee, is performing 
                activities related to the operation of the farm 
                or ranch), target practice, hunting, or a 
                course of instruction in the safe and lawful 
                use of a handgun;
                  (ii) with the prior written consent of the 
                juvenile's parent or guardian who is not 
                prohibited by Federal, State, or local law from 
                possessing a firearm, except--
                          (I) during transportation by the 
                        juvenile of an unloaded handgun in a 
                        locked container directly from the 
                        place of transfer to a place at which 
                        an activity described in clause (i) is 
                        to take place and transportation by the 
                        juvenile of that handgun, unloaded and 
                        in a locked container, directly from 
                        the place at which such an activity 
                        took place to the transferor; or
                          (II) with respect to ranching or 
                        farming activities as described in 
                        clause (i), a juvenile may possess and 
                        use a handgun or ammunition with the 
                        prior written approval of the 
                        juvenile's parent or legal guardian and 
                        at the direction of an adult who is not 
                        prohibited by Federal, State or local 
                        law from possessing a firearm;
                  (iii) the juvenile has the prior written 
                consent in the juvenile's possession at all 
                times when a handgun is in the possession of 
                the juvenile; and
                  (iv) in accordance with State and local law;
          (B) a juvenile who is a member of the Armed Forces of 
        the United States or the National Guard who possesses 
        or is armed with a handgun in the line of duty;
          (C) a transfer by inheritance of title (but not 
        possession) of a handgun or ammunition to a juvenile; 
        or
          (D) the possession of a handgun or ammunition by a 
        juvenile taken in defense of the juvenile or other 
        persons against an intruder into the residence of the 
        juvenile or a residence in which the juvenile is an 
        invited guest.
  (4) A handgun or ammunition, the possession of which is 
transferred to a juvenile in circumstances in which the 
transferor is not in violation of this subsection shall not be 
subject to permanent confiscation by the Government if its 
possession by the juvenile subsequently becomes unlawful 
because of the conduct of the juvenile, but shall be returned 
to the lawful owner when such handgun or ammunition is no 
longer required by the Government for the purposes of 
investigation or prosecution.
  (5) For purposes of this subsection, the term ``juvenile'' 
means a person who is less than 18 years of age.
  (6)(A) In a prosecution of a violation of this subsection, 
the court shall require the presence of a juvenile defendant's 
parent or legal guardian at all proceedings.
  (B) The court may use the contempt power to enforce 
subparagraph (A).
  (C) The court may excuse attendance of a parent or legal 
guardian of a juvenile defendant at a proceeding in a 
prosecution of a violation of this subsection for good cause 
shown.
  (y) Provisions Relating to Aliens Admitted Under Nonimmigrant 
Visas
          (1) Definitions In this subsection--
                  (A) the term ``alien'' has the same meaning 
                as in section 101(a)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(3)); and
                  (B) the term ``nonimmigrant visa'' has the 
                same meaning as in section 101(a)(26) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)).
          (2) Exceptions Subsections (d)(5)(B), (g)(5)(B), and 
        (s)(3)(B)(v)(II) do not apply to any alien who has been 
        lawfully admitted to the United States under a 
        nonimmigrant visa, if that alien is--
          (A) admitted to the United States for lawful hunting 
        or sporting purposes or is in possession of a hunting 
        license or permit lawfully issued in the United States;
          (B) an official representative of a foreign 
        government who is--
                  (i) accredited to the United States 
                Government or the Government's mission to an 
                international organization having its 
                headquarters in the United States; or
                  (ii) en route to or from another country to 
                which that alien is accredited;
          (C) an official of a foreign government or a 
        distinguished foreign visitor who has been so 
        designated by the Department of State; or
          (D) a foreign law enforcement officer of a friendly 
        foreign government entering the United States on 
        official law enforcement business.
          (3) Waiver
                  (A) Conditions for waiver Any individual who 
                has been admitted to the United States under a 
                nonimmigrant visa may receive a waiver from the 
                requirements of subsection (g)(5), if--
                          (i) the individual submits to the 
                        Attorney General a petition that meets 
                        the requirements of subparagraph (C); 
                        and
                          (ii) the Attorney General approves 
                        the petition.
                  (B) Petition Each petition under subparagraph 
                (B) shall--
                          (i) demonstrate that the petitioner 
                        has resided in the United States for a 
                        continuous period of not less than 180 
                        days before the date on which the 
                        petition is submitted under this 
                        paragraph; and
                          (ii) include a written statement from 
                        the embassy or consulate of the 
                        petitioner, authorizing the petitioner 
                        to acquire a firearm or ammunition and 
                        certifying that the alien would not, 
                        absent the application of subsection 
                        (g)(5)(B), otherwise be prohibited from 
                        such acquisition under subsection (g).
                  (C) Approval of petition The Attorney General 
                shall approve a petition submitted in 
                accordance with this paragraph, if the Attorney 
                General determines that waiving the 
                requirements of subsection (g)(5)(B) with 
                respect to the petitioner--
                  (i) would be in the interests of justice; and
                  (ii) would not jeopardize the public safety.
  (z) Secure Gun Storage or Safety Device
          (1) In general Except as provided under paragraph 
        (2), it shall be unlawful for any licensed importer, 
        licensed manufacturer, or licensed dealer to sell, 
        deliver, or transfer any handgun to any person other 
        than any person licensed under this chapter, unless the 
        transferee is provided with a secure gun storage or 
        safety device (as defined in section 921(a)(34)) for 
        that handgun.
          (2) Exceptions Paragraph (1) shall not apply to--
                  (A)(i) the manufacture for, transfer to, or 
                possession by, the United States, a department 
                or agency of the United States, a State, or a 
                department, agency, or political subdivision of 
                a State, of a handgun; or
                  (ii) the transfer to, or possession by, a law 
                enforcement officer employed by an entity 
                referred to in clause (i) of a handgun for law 
                enforcement purposes (whether on or off duty); 
                or
                  (B) the transfer to, or possession by, a rail 
                police officer directly employed by or 
                contracted by a rail carrier and certified or 
                commissioned as a police officer under the laws 
                of a State of a handgun for purposes of law 
                enforcement (whether on or off duty);
                  (C) the transfer to any person of a handgun 
                listed as a curio or relic by the Secretary 
                pursuant to section 921(a)(13); or
                  (D) the transfer to any person of a handgun 
                for which a secure gun storage or safety device 
                is temporarily unavailable for the reasons 
                described in the exceptions stated in section 
                923(e), if the licensed manufacturer, licensed 
                importer, or licensed dealer delivers to the 
                transferee within 10 calendar days from the 
                date of the delivery of the handgun to the 
                transferee a secure gun storage or safety 
                device for the handgun.
          (3) Liability for use
                  (A) In general Notwithstanding any other 
                provision of law, a person who has lawful 
                possession and control of a handgun, and who 
                uses a secure gun storage or safety device with 
                the handgun, shall be entitled to immunity from 
                a qualified civil liability action.
                  (B) Prospective actions A qualified civil 
                liability action may not be brought in any 
                Federal or State court.
                  (C) Defined term As used in this paragraph, 
                the term ``qualified civil liability action''--
                          (i) means a civil action brought by 
                        any person against a person described 
                        in subparagraph (A) for damages 
                        resulting from the criminal or unlawful 
                        misuse of the handgun by a third party, 
                        if--
                                  (I) the handgun was accessed 
                                by another person who did not 
                                have the permission or 
                                authorization of the person 
                                having lawful possession and 
                                control of the handgun to have 
                                access to it; and
                                  (II) at the time access was 
                                gained by the person not so 
                                authorized, the handgun had 
                                been made inoperable by use of 
                                a secure gun storage or safety 
                                device; and
                          (ii) shall not include an action 
                        brought against the person having 
                        lawful possession and control of the 
                        handgun for negligent entrustment or 
                        negligence per se.

Sec. 923. Licensing

  (a) No person shall engage in the business of importing, 
manufacturing, or dealing in firearms, or importing or 
manufacturing ammunition, until he has filed an application 
with and received a license to do so from the Attorney General. 
The application shall be in such form and contain only that 
information necessary to determine eligibility for licensing as 
the Attorney General shall by regulation prescribe and shall 
include a photograph and fingerprints of the applicant. Each 
applicant shall pay a fee for obtaining such a license, a 
separate fee being required for each place in which the 
applicant is to do business, as follows:
  (1) If the applicant is a manufacturer--
          (A) of destructive devices, ammunition for 
        destructive devices or armor piercing ammunition, a fee 
        of $1,000 per year;
          (B) of firearms other than destructive devices, a fee 
        of $50 per year; or
          (C) of ammunition for firearms, other than ammunition 
        for destructive devices or armor piercing ammunition, a 
        fee of $10 per year.
  (2) If the applicant is an importer--
          (A) of destructive devices, ammunition for 
        destructive devices or armor piercing ammunition, a fee 
        of $1,000 per year; or
          (B) of firearms other than destructive devices or 
        ammunition for firearms other than destructive devices, 
        or ammunition other than armor piercing ammunition, a 
        fee of $50 per year.
  (3) If the applicant is a dealer--
          (A) in destructive devices or ammunition for 
        destructive devices, a fee of $1,000 per year; or
          (B) who is not a dealer in destructive devices, a fee 
        of $200 for 3 years, except that the fee for renewal of 
        a valid license shall be $90 for 3 years.
  (b) Any person desiring to be licensed as a collector shall 
file an application for such license with the Attorney General. 
The application shall be in such form and contain only that 
information necessary to determine eligibility as the Attorney 
General shall by regulation prescribe. The fee for such license 
shall be $10 per year. Any license granted under this 
subsection shall only apply to transactions in curios and 
relics.
  (c) Upon the filing of a proper application and payment of 
the prescribed fee, the Attorney General shall issue to a 
qualified applicant the appropriate license which, subject to 
the provisions of this chapter and other applicable provisions 
of law, shall entitle the licensee to transport, ship, and 
receive firearms and ammunition covered by such license in 
interstate or foreign commerce during the period stated in the 
license. Nothing in this chapter shall be construed to prohibit 
a licensed manufacturer, importer, or dealer from maintaining 
and disposing of a personal collection of firearms, subject 
only to such restrictions as apply in this chapter to 
dispositions by a person other than a licensed manufacturer, 
importer, or dealer. If any firearm is so disposed of by a 
licensee within one year after its transfer from his business 
inventory into such licensee's personal collection or if such 
disposition or any other acquisition is made for the purpose of 
willfully evading the restrictions placed upon licensees by 
this chapter, then such firearm shall be deemed part of such 
licensee's business inventory, except that any licensed 
manufacturer, importer, or dealer who has maintained a firearm 
as part of a personal collection for one year and who sells or 
otherwise disposes of such firearm shall record the description 
of the firearm in a bound volume, containing the name and place 
of residence and date of birth of the transferee if the 
transferee is an individual, or the identity and principal and 
local places of business of the transferee if the transferee is 
a corporation or other business entity: Provided, That no other 
recordkeeping shall be required.
  (d)(1) Any application submitted under subsection (a) or (b) 
of this section shall be approved if--
          (A) the applicant is twenty-one years of age or over;
          (B) the applicant (including, in the case of a 
        corporation, partnership, or association, any 
        individual possessing, directly or indirectly, the 
        power to direct or cause the direction of the 
        management and policies of the corporation, 
        partnership, or association) is not prohibited from 
        transporting, shipping, or receiving firearms or 
        ammunition in interstate or foreign commerce under 
        section 922(g) and (n) of this chapter;
          (C) the applicant has not willfully violated any of 
        the provisions of this chapter or regulations issued 
        thereunder;
          (D) the applicant has not willfully failed to 
        disclose any material information required, or has not 
        made any false statement as to any material fact, in 
        connection with his application;
          (E) the applicant has in a State (i) premises from 
        which he conducts business subject to license under 
        this chapter or from which he intends to conduct such 
        business within a reasonable period of time, or (ii) in 
        the case of a collector, premises from which he 
        conducts his collecting subject to license under this 
        chapter or from which he intends to conduct such 
        collecting within a reasonable period of time;
          (F) the applicant certifies that--
                  (i) the business to be conducted under the 
                license is not prohibited by State or local law 
                in the place where the licensed premise is 
                located;
                  (ii)(I) within 30 days after the application 
                is approved the business will comply with the 
                requirements of State and local law applicable 
                to the conduct of the business; and
                  (II) the business will not be conducted under 
                the license until the requirements of State and 
                local law applicable to the business have been 
                met; and
                  (iii) that the applicant has sent or 
                delivered a form to be prescribed by the 
                Attorney General, to the chief law enforcement 
                officer of the locality in which the premises 
                are located, which indicates that the applicant 
                intends to apply for a Federal firearms 
                license; and
          (G) in the case of an application to be licensed as a 
        dealer, the applicant certifies that secure gun storage 
        or safety devices will be available at any place in 
        which firearms are sold under the license to persons 
        who are not licensees (subject to the exception that in 
        any case in which a secure gun storage or safety device 
        is temporarily unavailable because of theft, casualty 
        loss, consumer sales, backorders from a manufacturer, 
        or any other similar reason beyond the control of the 
        licensee, the dealer shall not be considered to be in 
        violation of the requirement under this subparagraph to 
        make available such a device).
  (2) The Attorney General must approve or deny an application 
for a license within the 60-day period beginning on the date it 
is received. If the Attorney General fails to act within such 
period, the applicant may file an action under section 1361 of 
title 28 to compel the Attorney General to act. If the Attorney 
General approves an applicant's application, such applicant 
shall be issued a license upon the payment of the prescribed 
fee.
  (e) The Attorney General may, after notice and opportunity 
for hearing, revoke any license issued under this section if 
the holder of such license has willfully violated any provision 
of this chapter or any rule or regulation prescribed by the 
Attorney General under this chapter or fails to have secure gun 
storage or safety devices available at any place in which 
firearms are sold under the license to persons who are not 
licensees (except that in any case in which a secure gun 
storage or safety device is temporarily unavailable because of 
theft, casualty loss, consumer sales, backorders from a 
manufacturer, or any other similar reason beyond the control of 
the licensee, the dealer shall not be considered to be in 
violation of the requirement to make available such a device). 
The Attorney General may, after notice and opportunity for 
hearing, revoke the license of a dealer who willfully transfers 
armor piercing ammunition. The Secretary's action under this 
subsection may be reviewed only as provided in subsection (f) 
of this section.
  (f)(1) Any person whose application for a license is denied 
and any holder of a license which is revoked shall receive a 
written notice from the Attorney General stating specifically 
the grounds upon which the application was denied or upon which 
the license was revoked. Any notice of a revocation of a 
license shall be given to the holder of such license before the 
effective date of the revocation.
  (2) If the Attorney General denies an application for, or 
revokes, a license, he shall, upon request by the aggrieved 
party, promptly hold a hearing to review his denial or 
revocation. In the case of a revocation of a license, the 
Attorney General shall upon the request of the holder of the 
license stay the effective date of the revocation. A hearing 
held under this paragraph shall be held at a location 
convenient to the aggrieved party.
  (3) If after a hearing held under paragraph (2) the Attorney 
General decides not to reverse his decision to deny an 
application or revoke a license, the Attorney General shall 
give notice of his decision to the aggrieved party. The 
aggrieved party may at any time within sixty days after the 
date notice was given under this paragraph file a petition with 
the United States district court for the district in which he 
resides or has his principal place of business for a de novo 
judicial review of such denial or revocation. In a proceeding 
conducted under this subsection, the court may consider any 
evidence submitted by the parties to the proceeding whether or 
not such evidence was considered at the hearing held under 
paragraph (2). If the court decides that the Attorney General 
was not authorized to deny the application or to revoke the 
license, the court shall order the Attorney General to take 
such action as may be necessary to comply with the judgment of 
the court.
  (4) If criminal proceedings are instituted against a licensee 
alleging any violation of this chapter or of rules or 
regulations prescribed under this chapter, and the licensee is 
acquitted of such charges, or such proceedings are terminated, 
other than upon motion of the Government before trial upon such 
charges, the Attorney General shall be absolutely barred from 
denying or revoking any license granted under this chapter 
where such denial or revocation is based in whole or in part on 
the facts which form the basis of such criminal charges. No 
proceedings for the revocation of a license shall be instituted 
by the Attorney General more than one year after the filing of 
the indictment or information.
  (g)(1)(A) Each licensed importer, licensed manufacturer, and 
licensed dealer shall maintain such records of importation, 
production, shipment, receipt, sale, or other disposition of 
firearms at his place of business for such period, and in such 
form, as the Attorney General may by regulations prescribe. 
Such importers, manufacturers, and dealers shall not be 
required to submit to the Attorney General reports and 
information with respect to such records and the contents 
thereof, except as expressly required by this section. The 
Attorney General, when he has reasonable cause to believe a 
violation of this chapter has occurred and that evidence 
thereof may be found on such premises, may, upon demonstrating 
such cause before a Federal magistrate judge and securing from 
such magistrate judge a warrant authorizing entry, enter during 
business hours the premises (including places of storage) of 
any licensed firearms importer, licensed manufacturer, licensed 
dealer, licensed collector, or any licensed importer or 
manufacturer of ammunition, for the purpose of inspecting or 
examining--
          (i) any records or documents required to be kept by 
        such licensed importer, licensed manufacturer, licensed 
        dealer, or licensed collector under this chapter or 
        rules or regulations under this chapter, and
          (ii) any firearms or ammunition kept or stored by 
        such licensed importer, licensed manufacturer, licensed 
        dealer, or licensed collector, at such premises.
  (B) The Attorney General may inspect or examine the inventory 
and records of a licensed importer, licensed manufacturer, or 
licensed dealer without such reasonable cause or warrant--
          (i) in the course of a reasonable inquiry during the 
        course of a criminal investigation of a person or 
        persons other than the licensee;
          (ii) for ensuring compliance with the record keeping 
        requirements of this chapter--
                  (I) not more than once during any 12-month 
                period; or
                  (II) at any time with respect to records 
                relating to a firearm involved in a criminal 
                investigation that is traced to the licensee.; 
                or
          (iii) when such inspection or examination may be 
        required for determining the disposition of one or more 
        particular firearms in the course of a bona fide 
        criminal investigation.
  (C) The Attorney General may inspect the inventory and 
records of a licensed collector without such reasonable cause 
or warrant--
          (i) for ensuring compliance with the record keeping 
        requirements of this chapter not more than once during 
        any twelve-month period; or
          (ii) when such inspection or examination may be 
        required for determining the disposition of one or more 
        particular firearms in the course of a bona fide 
        criminal investigation.
  (D) At the election of a licensed collector, the annual 
inspection of records and inventory permitted under this 
paragraph shall be performed at the office of the Attorney 
General designated for such inspections which is located in 
closest proximity to the premises where the inventory and 
records of such licensed collector are maintained. The 
inspection and examination authorized by this paragraph shall 
not be construed as authorizing the Attorney General to seize 
any records or other documents other than those records or 
documents constituting material evidence of a violation of law. 
If the Attorney General seizes such records or documents, 
copies shall be provided the licensee within a reasonable time. 
The Attorney General may make available to any Federal, State, 
or local law enforcement agency any information which he may 
obtain by reason of this chapter with respect to the 
identification of persons prohibited from purchasing or 
receiving firearms or ammunition who have purchased or received 
firearms or ammunition, together with a description of such 
firearms or ammunition, and he may provide information to the 
extent such information may be contained in the records 
required to be maintained by this chapter, when so requested by 
any Federal, State, or local law enforcement agency.
  (2) Each licensed collector shall maintain in a bound volume 
the nature of which the Attorney General may by regulations 
prescribe, records of the receipt, sale, or other disposition 
of firearms. Such records shall include the name and address of 
any person to whom the collector sells or otherwise disposes of 
a firearm. Such collector shall not be required to submit to 
the Attorney General reports and information with respect to 
such records and the contents thereof, except as expressly 
required by this section.
  (3)(A) Each licensee shall prepare a report of multiple sales 
or other dispositions whenever the licensee sells or otherwise 
disposes of, at one time or during any five consecutive 
business days, two or more pistols, or revolvers, or any 
combination of pistols and revolvers totalling two or more, to 
an unlicensed person. The report shall be prepared on a form 
specified by the Attorney General and forwarded to the office 
specified thereon and to the department of State police or 
State law enforcement agency of the State or local law 
enforcement agency of the local jurisdiction in which the sale 
or other disposition took place, not later than the close of 
business on the day that the multiple sale or other disposition 
occurs.
  (B) Except in the case of forms and contents thereof 
regarding a purchaser who is prohibited by subsection (g) or 
(n) of section 922 of this title from receipt of a firearm, the 
department of State police or State law enforcement agency or 
local law enforcement agency of the local jurisdiction shall 
not disclose any such form or the contents thereof to any 
person or entity, and shall destroy each such form and any 
record of the contents thereof no more than 20 days from the 
date such form is received. No later than the date that is 6 
months after the effective date of this subparagraph, and at 
the end of each 6-month period thereafter, the department of 
State police or State law enforcement agency or local law 
enforcement agency of the local jurisdiction shall certify to 
the Attorney General of the United States that no disclosure 
contrary to this subparagraph has been made and that all forms 
and any record of the contents thereof have been destroyed as 
provided in this subparagraph.
  (4) Where a firearms or ammunition business is discontinued 
and succeeded by a new licensee, the records required to be 
kept by this chapter shall appropriately reflect such facts and 
shall be delivered to the successor. Where discontinuance of 
the business is absolute, such records shall be delivered 
within thirty days after the business discontinuance to the 
Attorney General. However, where State law or local ordinance 
requires the delivery of records to other responsible 
authority, the Attorney General may arrange for the delivery of 
such records to such other responsible authority.
  (5)(A) Each licensee shall, when required by letter issued by 
the Attorney General, and until notified to the contrary in 
writing by the Attorney General, submit on a form specified by 
the Attorney General, for periods and at the times specified in 
such letter, all record information required to be kept by this 
chapter or such lesser record information as the Attorney 
General in such letter may specify.
  (B) The Attorney General may authorize such record 
information to be submitted in a manner other than that 
prescribed in subparagraph (A) of this paragraph when it is 
shown by a licensee that an alternate method of reporting is 
reasonably necessary and will not unduly hinder the effective 
administration of this chapter. A licensee may use an alternate 
method of reporting if the licensee describes the proposed 
alternate method of reporting and the need therefor in a letter 
application submitted to the Attorney General, and the Attorney 
General approves such alternate method of reporting.
  (6) Each licensee shall report the theft or loss of a firearm 
from the licensee's inventory or collection, within 48 hours 
after the theft or loss is discovered, to the Attorney General 
and to the appropriate local authorities.
  (7) Each licensee shall respond immediately to, and in no 
event later than 24 hours after the receipt of, a request by 
the Attorney General for information contained in the records 
required to be kept by this chapter as may be required for 
determining the disposition of 1 or more firearms in the course 
of a bona fide criminal investigation. The requested 
information shall be provided orally or in writing, as the 
Attorney General may require. The Attorney General shall 
implement a system whereby the licensee can positively identify 
and establish that an individual requesting information via 
telephone is employed by and authorized by the agency to 
request such information.
  (h) Licenses issued under the provisions of subsection (c) of 
this section shall be kept posted and kept available for 
inspection on the premises covered by the license.
  (i) [Licensed](1)In the case of a firearm other than a 
firearm silencer or firearm muffler, licensed In the case of a 
firearm other than a firearm silencer or firearm muffler, 
licensed importers and licensed manufacturers shall identify by 
means of a serial number engraved or cast on the receiver or 
frame of the weapon, in such manner as the Attorney General 
shall by regulations prescribe, each firearm imported or 
manufactured by such importer or manufacturer.
  (2) In the case of a firearm silencer or firearm muffler, 
licensed importers and licensed manufacturers shall identify by 
means of a serial number engraved or cast on the keystone part 
of the firearm silencer or firearm muffler, in such manner as 
the Attorney General shall by regulations prescribe, each 
firearm silencer or firearm muffler imported or manufactured by 
such importer or manufacturer, except that, if a firearm 
silencer or firearm muffler does not have a clearly 
identifiable keystone part or has multiple keystone parts, 
licensed importers or licensed manufacturers shall submit a 
request for a marking variance to the Attorney General. The 
Attorney General shall grant such a request except on showing 
good cause that marking the firearm silencer or firearm muffler 
as requested would not further the purposes of this chapter.
  (j) A licensed importer, licensed manufacturer, or licensed 
dealer may, under rules or regulations prescribed by the 
Attorney General, conduct business temporarily at a location 
other than the location specified on the license if such 
temporary location is the location for a gun show or event 
sponsored by any national, State, or local organization, or any 
affiliate of any such organization devoted to the collection, 
competitive use, or other sporting use of firearms in the 
community, and such location is in the State which is specified 
on the license. Records of receipt and disposition of firearms 
transactions conducted at such temporary location shall include 
the location of the sale or other disposition and shall be 
entered in the permanent records of the licensee and retained 
on the location specified on the license. Nothing in this 
subsection shall authorize any licensee to conduct business in 
or from any motorized or towed vehicle. Notwithstanding the 
provisions of subsection (a) of this section, a separate fee 
shall not be required of a licensee with respect to business 
conducted under this subsection. Any inspection or examination 
of inventory or records under this chapter by the Attorney 
General at such temporary location shall be limited to 
inventory consisting of, or records relating to, firearms held 
or disposed at such temporary location. Nothing in this 
subsection shall be construed to authorize the Attorney General 
to inspect or examine the inventory or records of a licensed 
importer, licensed manufacturer, or licensed dealer at any 
location other than the location specified on the license. 
Nothing in this subsection shall be construed to diminish in 
any manner any right to display, sell, or otherwise dispose of 
firearms or ammunition, which is in effect before the date of 
the enactment of the Firearms Owners' Protection Act, including 
the right of a licensee to conduct ``curios or relics'' 
firearms transfers and business away from their business 
premises with another licensee without regard as to whether the 
location of where the business is conducted is located in the 
State specified on the license of either licensee.
  (k) Licensed importers and licensed manufacturers shall mark 
all armor piercing projectiles and packages containing such 
projectiles for distribution in the manner prescribed by the 
Attorney General by regulation. The Attorney General shall 
furnish information to each dealer licensed under this chapter 
defining which projectiles are considered armor piercing 
ammunition as defined in section 921(a)(17)(B).
  (l) The Attorney General shall notify the chief law 
enforcement officer in the appropriate State and local 
jurisdictions of the names and addresses of all persons in the 
State to whom a firearms license is issued.

           *       *       *       *       *       *       *


Sec. 925. Exceptions: Relief from disabilities

  (a)(1) The provisions of this chapter, except for sections 
922(d)(9) and 922(g)(9) and provisions relating to firearms 
subject to the prohibitions of section 922(p), shall not apply 
with respect to the transportation, shipment, receipt, 
possession, or importation of any firearm or ammunition 
imported for, sold or shipped to, or issued for the use of, the 
United States or any department or agency thereof or any State 
or any department, agency, or political subdivision thereof.
  (2) The provisions of this chapter, except for provisions 
relating to firearms subject to the prohibitions of section 
922(p), shall not apply with respect to (A) the shipment or 
receipt of firearms or ammunition when sold or issued by the 
Secretary of the Army pursuant to section 4308 of title 10 
before the repeal of such section by section 1624(a) of the 
Corporation for the Promotion of Rifle Practice and Firearms 
Safety Act, and (B) the transportation of any such firearm or 
ammunition carried out to enable a person, who lawfully 
received such firearm or ammunition from the Secretary of the 
Army, to engage in military training or in competitions.
  (3) Unless otherwise prohibited by this chapter, except for 
provisions relating to firearms subject to the prohibitions of 
section 922(p), or any other Federal law, a licensed importer, 
licensed manufacturer, or licensed dealer may ship to a member 
of the United States Armed Forces on active duty outside the 
United States or to clubs, recognized by the Department of 
Defense, whose entire membership is composed of such members, 
and such members or clubs may receive a firearm or ammunition 
[determined by the Attorney General to be generally recognized 
as particularly suitable for sporting purposes and intended for 
the personal use of such member or club.] intended for the 
lawful personal use of such member or club.
  (4) When established to the satisfaction of the Attorney 
General to be consistent with the provisions of this chapter, 
except for provisions relating to firearms subject to the 
prohibitions of section 922(p), and other applicable Federal 
and State laws and published ordinances, the Attorney General 
may authorize the transportation, shipment, receipt, or 
importation into the United States to the place of residence of 
any member of the United States Armed Forces who is on active 
duty outside the United States (or who has been on active duty 
outside the United States within the sixty day period 
immediately preceding the transportation, shipment, receipt, or 
importation), of any firearm or ammunition which is [(A) 
determined by the Attorney General to be generally recognized 
as particularly suitable for sporting purposes, or determined 
by the Department of Defense to be a type of firearm normally 
classified as a war souvenir, and (B) intended for the] 
intended for the lawful personal use of such member.
  (5) For the purpose of paragraph (3) of this subsection, the 
term ``United States'' means each of the several States and the 
District of Columbia.
  (b) A licensed importer, licensed manufacturer, licensed 
dealer, or licensed collector who is indicted for a crime 
punishable by imprisonment for a term exceeding one year, may, 
notwithstanding any other provision of this chapter, continue 
operation pursuant to his existing license (if prior to the 
expiration of the term of the existing license timely 
application is made for a new license) during the term of such 
indictment and until any conviction pursuant to the indictment 
becomes final.
  (c) A person who is prohibited from possessing, shipping, 
transporting, or receiving firearms or ammunition may make 
application to the Attorney General for relief from the 
disabilities imposed by Federal laws with respect to the 
acquisition, receipt, transfer, shipment, transportation, or 
possession of firearms, and the Attorney General may grant such 
relief if it is established to his satisfaction that the 
circumstances regarding the disability, and the applicant's 
record and reputation, are such that the applicant will not be 
likely to act in a manner dangerous to public safety and that 
the granting of the relief would not be contrary to the public 
interest. Any person whose application for relief from 
disabilities is denied by the Attorney General may file a 
petition with the United States district court for the district 
in which he resides for a judicial review of such denial. The 
court may in its discretion admit additional evidence where 
failure to do so would result in a miscarriage of justice. A 
licensed importer, licensed manufacturer, licensed dealer, or 
licensed collector conducting operations under this chapter, 
who makes application for relief from the disabilities incurred 
under this chapter, shall not be barred by such disability from 
further operations under his license pending final action on an 
application for relief filed pursuant to this section. Whenever 
the Attorney General grants relief to any person pursuant to 
this section he shall promptly publish in the Federal Register 
notice of such action, together with the reasons therefor.
  [(d) The Attorney General shall authorize a firearm or 
ammunition to be imported or brought into the United States or 
any possession thereof if the firearm or ammunition--
          [(1) is being imported or brought in for scientific 
        or research purposes, or is for use in connection with 
        competition or training pursuant to chapter 401 of 
        title 10;
          [(2) is an unserviceable firearm, other than a 
        machinegun as defined in section 5845(b) of the 
        Internal Revenue Code of 1986 (not readily restorable 
        to firing condition), imported or brought in as a curio 
        or museum piece;
          [(3) is of a type that does not fall within the 
        definition of a firearm as defined in section 5845(a) 
        of the Internal Revenue Code of 1986 and is generally 
        recognized as particularly suitable for or readily 
        adaptable to sporting purposes, excluding surplus 
        military firearms, except in any case where the 
        Attorney General has not authorized the importation of 
        the firearm pursuant to this paragraph, it shall be 
        unlawful to import any frame, receiver, or barrel of 
        such firearm which would be prohibited if assembled; or
          [(4) was previously taken out of the United States or 
        a possession by the person who is bringing in the 
        firearm or ammunition.
The Attorney General shall permit the conditional importation 
or bringing in of a firearm or ammunition for examination and 
testing in connection with the making of a determination as to 
whether the importation or bringing in of such firearm or 
ammunition will be allowed under this subsection.
  [(e) Notwithstanding any other provision of this title, the 
Attorney General shall authorize the importation of, by any 
licensed importer, the following:
          [(1) All rifles and shotguns listed as curios or 
        relics by the Attorney General pursuant to section 
        921(a)(13), and
          [(2) All handguns, listed as curios or relics by the 
        Attorney General pursuant to section 921(a)(13), 
        provided that such handguns are generally recognized as 
        particularly suitable for or readily adaptable to 
        sporting purposes.
  [(f) The Attorney General shall not authorize, under 
subsection (d), the importation of any firearm the importation 
of which is prohibited by section 922(p).]
  (d)(1) Within 30 days after the Attorney General receives an 
application therefor, the Attorney General shall authorize a 
firearm or ammunition to be imported or brought into the United 
States or any possession thereof if--
          (A) the firearm or ammunition is being imported or 
        brought in for scientific, research, testing, or 
        experimentation purposes;
          (B) the firearm is an unserviceable firearm (other 
        than a machine gun as defined in section 5845(b) of the 
        Internal Revenue Code of 1986 that is readily 
        restorable to firing condition) imported or brought in 
        as a curio or museum piece;
          (C) the firearm is not a firearm as defined in 
        section 5845(a) of the Internal Revenue Code of 1986;
          (D) the ammunition is not armor piercing ammunition 
        (as defined in section 921(a)(17)(B) of this title), 
        unless subparagraph (A), (E), (F), or (G) applies;
          (E) the firearm or ammunition is being imported or 
        brought in for the use of the United States, any 
        department or agency of the United States, any State, 
        or any department, agency, or political subdivision of 
        a State;
          (F) the firearm or ammunition is being imported or 
        brought in for the purpose of exportation;
          (G) the firearm or ammunition was previously taken 
        out of the United States or a possession thereof by the 
        person who is bringing in the firearm or ammunition; or
          (H) the firearm is a firearm defined as curio or 
        relic by the Attorney General under section 921(a)(13) 
        of this title.
  (2) Within 30 days after the Attorney General receives an 
application therefor, the Attorney General shall permit the 
conditional importation or bringing in of a firearm or 
ammunition for examination and testing in connection with the 
making of a determination as to whether the importation or 
bringing in of the firearm or ammunition will be allowed under 
this subsection.
  (3) The Attorney General shall not authorize, under this 
subsection, the importation of any firearm the importation of 
which is prohibited by section 922(p).

           *       *       *       *       *       *       *


[Sec. 926A. Interstate transportation of firearms

  [Notwithstanding any other provision of any law or any rule 
or regulation of a State or any political subdivision thereof, 
any person who is not otherwise prohibited by this chapter from 
transporting, shipping, or receiving a firearm shall be 
entitled to transport a firearm for any lawful purpose from any 
place where he may lawfully possess and carry such firearm to 
any other place where he may lawfully possess and carry such 
firearm if, during such transportation the firearm is unloaded, 
and neither the firearm nor any ammunition being transported is 
readily accessible or is directly accessible from the passenger 
compartment of such transporting vehicle: Provided, That in the 
case of a vehicle without a compartment separate from the 
driver's compartment the firearm or ammunition shall be 
contained in a locked container other than the glove 
compartment or console.]

Sec. 926A. Interstate transportation of firearms or ammunition

  (a) Notwithstanding any provision of any law, rule, or 
regulation of a State or any political subdivision thereof:
          (1) A person who is not prohibited by this chapter 
        from possessing, transporting, shipping, or receiving a 
        firearm or ammunition shall be entitled to transport a 
        firearm for any lawful purpose from any place where the 
        person may lawfully possess, carry, or transport the 
        firearm to any other such place if, during the 
        transportation, the firearm is unloaded, and--
                  (A) if the transportation is by motor 
                vehicle, the firearm is--
                          (i) not directly accessible from the 
                        passenger compartment of the vehicle;
                          (ii) in a locked container other than 
                        the glove compartment or console; or
                          (iii) secured by a secure gun storage 
                        or safety device; or
                  (B) if the transportation is by other means, 
                the firearm is in a locked container or secured 
                by a secure gun storage or safety device.
          (2) A person who is not prohibited by this chapter 
        from possessing, transporting, shipping, or receiving a 
        firearm or ammunition shall be entitled to transport 
        ammunition for any lawful purpose from any place where 
        the person may lawfully possess, carry, or transport 
        the ammunition, to any other such place if, during the 
        transportation, the ammunition is not loaded into a 
        firearm, and--
                  (A) if the transportation is by motor 
                vehicle, the ammunition is--
                          (i) not directly accessible from the 
                        passenger compartment of the vehicle; 
                        or
                          (ii) is in a locked container other 
                        than the glove compartment or console; 
                        or
                  (B) if the transportation is by other means, 
                the ammunition is in a locked container.
  (b) In subsection (a), the term ``transport'' includes 
staying in temporary lodging overnight, stopping for food, 
fuel, vehicle maintenance, an emergency, medical treatment, and 
any other activity incidental to the transport.
  (c)(1) A person who is transporting a firearm or ammunition 
may not be arrested or otherwise detained for violation of any 
law or any rule or regulation of a State or any political 
subdivision thereof related to the possession, transportation, 
or carrying of firearms, unless there is probable cause to 
believe that the person is doing so in a manner not provided 
for in subsection (a).
  (2) When a person asserts this section as a defense in a 
criminal proceeding, the prosecution shall bear the burden of 
proving, beyond a reasonable doubt, that the conduct of the 
person did not satisfy the conditions set forth in subsection 
(a).
  (3) When a person successfully asserts this section as a 
defense in a criminal proceeding, the court shall award the 
prevailing defendant a reasonable attorney's fee.
  (d)(1) A person who is deprived of any right, privilege, or 
immunity secured by this section, section 926B or 926C, under 
color of any statute, ordinance, regulation, custom, or usage 
of any State or any political subdivision thereof, may bring an 
action in any appropriate court against any other person, 
including a State or political subdivision thereof, who causes 
the person to be subject to the deprivation, for damages and 
other appropriate relief.
  (2) The court shall award a plaintiff prevailing in an action 
brought under paragraph (1) damages and such other relief as 
the court deems appropriate, including a reasonable attorney's 
fee.

           *       *       *       *       *       *       *


Sec. 927. Effect on State law

  No provision of this chapter shall be construed as indicating 
an intent on the part of the Congress to occupy the field in 
which such provision operates to the exclusion of the law of 
any State on the same subject matter, unless there is a direct 
and positive conflict between such provision and the law of the 
State so that the two cannot be reconciled or consistently 
stand together. Notwithstanding the preceding sentence, a law 
of a State or a political subdivision of a State that imposes a 
tax, other than a generally applicable sales or use tax, on 
making, transferring, using, possessing, or transporting a 
firearm silencer in or affecting interstate or foreign 
commerce, or imposes a marking, recordkeeping or registration 
requirement with respect to such a firearm silencer, shall have 
no force or effect.

           *       *       *       *       *       *       *

                              ----------                              


                  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.
          (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.

           *       *       *       *       *       *       *

                              ----------                              


                NORTH AMERICAN WETLANDS CONSERVATION ACT



           *       *       *       *       *       *       *
SEC. 6. CONDITIONS RELATING TO WETLANDS CONSERVATION PROJECTS.

  (a) Projects in the United States.--(1) Subject to the 
allocation requirements of section 8(a)(2) and the limitations 
on Federal contributions under section 8(b) of this Act, the 
Secretary shall assist in carrying out wetlands conservation 
projects in the United States, which have been approved by the 
Migratory Bird Conservation Commission, with the Federal funds 
made available under this Act and section 3(b) of the Act of 
September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act.
  (2) Except as provided in paragraph (3), any lands or waters 
or interests therein acquired in whole or in part by the 
Secretary with the Federal funds made available under this Act 
and section 3(b) of the Act of September 2, 1937 (16 U.S.C. 
669b(b)), as amended by this Act, to carry out wetlands 
conservation projects shall be included in the National 
Wildlife Refuge System.
  (3) In lieu of including in the National Wildlife Refuge 
System any lands or waters or interests therein acquired under 
this Act, the Secretary may, with the concurrence of the 
Migratory Bird Conservation Commission, grant or otherwise 
provide the Federal funds made available under this Act and 
section 3(b) of the Act of September 2, 1937 (16 U.S.C. 
669b(b)), as amended by this Act or convey any real property 
interest acquired in whole or in part with such funds without 
cost to a State or to another public agency or other entity 
upon a finding by the Secretary that the real property 
interests should not be included in the National Wildlife 
Refuge System: Provided, That any grant recipient shall have 
been so identified in the project description accompanying the 
recommendation from the Council and approved by the Migratory 
Bird Conservation Commission. The Secretary shall not convey 
any such interest to a State, another public agency or other 
entity unless the Secretary determines that such State, agency 
or other entity is committed to undertake the management of the 
property being transferred in accordance with the objectives of 
this Act, and the deed or other instrument of transfer contains 
provisions for the reversion of title to the property to the 
United States if such State, agency or other entity fails to 
manage the property in accordance with the objectives of this 
Act. Any real property interest conveyed pursuant to this 
paragraph shall be subject to such terms and conditions that 
will ensure that the interest will be administered for the 
long-term conservation and management of the wetland ecosystem 
and the fish and wildlife dependent thereon.
  (b) Projects in Canada or Mexico.--Subject to the allocation 
requirements of section 8(a)(1) and the limitations on Federal 
contributions under section 8(b) of this Act, the Secretary 
shall grant or otherwise provide the Federal funds made 
available under this Act and section 3(b) of the Act of 
September 2, 1937 (16 U.S.C. 669b(b)), as amended by this Act, 
to public agencies and other entities for the purpose of 
assisting such entities and individuals in carrying out 
wetlands conservation projects in Canada or Mexico that have 
been approved by the Migratory Bird Conservation Commission: 
Provided, That the grant recipient shall have been so 
identified in the project description accompanying the 
recommendation from the Council and approved by Migratory Bird 
Conservation Commission. The Secretary may only grant or 
otherwise provide Federal funds if the grant is subject to the 
terms and conditions that will ensure that any real property 
interest acquired in whole or in part, or enhanced, managed, or 
restored with such Federal funds will be administered for the 
long-term conservation and management of such wetland ecosystem 
and the fish and wildlife dependent thereon. Real property and 
interests in real property acquired pursuant to this subsection 
shall not become part of the National Wildlife Refuge System. 
Acquisitions of real property and interests in real property 
carried out pursuant to this subsection shall not be subject to 
any provision of Federal law governing acquisitions of property 
for inclusion in the National Wildlife Refuge System.
  (c) Limitation on Expenditures for Purchase of Land.--Amounts 
appropriated under this Act may not be used by the Secretary to 
purchase land that will be administered by the United States.

SEC. 7. AMOUNTS AVAILABLE TO CARRY OUT THIS ACT.

  (a) Aid in Wildlife Restoration.--(1) [Amendatory--omitted]
  (2) [Amendatory--omitted]
  (3) The amendments made by this subsection of this Act take 
effect October 1, 1989.
  (b) Migratory Bird Fines, Penalties, Forfeitures.--The sums 
received under section 6 of the Migratory Bird Treaty Act (16 
U.S.C. 707) as penalties or fines, or from forfeitures of 
property are authorized to be appropriated to the Department of 
the Interior for purposes of allocation under section 8 of this 
Act. This subsection shall not be construed to require the sale 
of instrumentalities.
  (c) Authorization of Appropriations.--In addition to the 
amounts made available under subsections (a) and (b) of this 
section, there are authorized to be appropriated to the 
Department of the Interior for purposes of allocation under 
section 8 of this Act [not to exceed--
          [(1) $55,000,000 for fiscal year 2003;
          [(2) $60,000,000 for fiscal year 2004;
          [(3) $65,000,000 for fiscal year 2005;
          [(4) $70,000,000 for fiscal year 2006; and
          [(5) $75,000,000 for each of fiscal years 2008 
        through 2012.] not to exceed $50,000,000 for each of 
        fiscal years 2018 through 2022.
  (d) Availability of Funds.--Sums made available under this 
section shall be available until expended.

           *       *       *       *       *       *       *


SEC. 10. REPORT TO CONGRESS.

   The Secretary shall report to the appropriate Committees on 
the implementation of this Act. The report shall include--
          (1) a biennial assessment of--
                  (A) the estimated number of acres of wetlands 
                and habitat for waterfowl and other migratory 
                birds that were restored, protected, or 
                enhanced during such two-year period by 
                Federal, State, and local agencies and other 
                entities in the United States, Canada, and 
                Mexico;
                  (B) trends in the population size and 
                distribution of North American migratory birds;
                  (C) the status of efforts to establish 
                agreements with nations in the Western 
                Hemisphere pursuant to section 16; and
                  (D) wetlands conservation projects funded 
                under this Act, listed and identified by type, 
                conservation mechanism (such as acquisition, 
                easement, or lease), location, and duration; 
                and
          [(2) an annual assessment of the status of wetlands 
        conservation projects, including an accounting of 
        expenditures by Federal, State, and other United States 
        entities, and expenditures by Canadian and Mexican 
        sources to carry out these projects.]
          (2) an annual assessment of the status of wetlands 
        conservation projects, including an accounting of--
                  (A) expenditures by Federal, State, and other 
                United States entities;
                  (B) expenditures made for fee-simple 
                acquisition of Federal lands in the United 
                States; and
                  (C) expenditures by Canadian and Mexican 
                sources to carry out wetland projects funded 
                under this Act.

           *       *       *       *       *       *       *

                              ----------                              


                     INTERNAL REVENUE CODE OF 1986



           *       *       *       *       *       *       *
Subtitle D--Miscellaneous Excise Taxes

           *       *       *       *       *       *       *


CHAPTER 32--MANUFACTURERS EXCISE TAXES

           *       *       *       *       *       *       *


Subchapter D--Recreational Equipment

           *       *       *       *       *       *       *


PART III--FIREARMS

           *       *       *       *       *       *       *


SEC. 4181. IMPOSITION OF TAX.

  There is hereby imposed upon the sale by the manufacturer, 
producer, or importer of the following articles a tax 
equivalent to the specified percent of the price for which so 
sold:
          Articles taxable at 10 percent--
          Pistols.
          Revolvers.
          Firearm silencers or firearm mufflers.
          Articles taxable at 11 percent--
          Firearms ([other than pistols and revolvers] other 
        than articles taxable at 10 percent under this 
        section).
          Shells, and cartridges.
For purposes of this part, the terms ``firearm silencer'' and 
``firearm muffler'' mean any device for silencing, muffling, or 
diminishing the report of a portable firearm.

SEC. 4182. EXEMPTIONS.

  (a) Machine Guns and Short Barrelled Firearms.--The tax 
imposed by section 4181 shall not apply to any firearm on which 
the tax provided by section 5811 has been paid.
  (b) Sales to Defense Department.--No [firearms, pistols, 
revolvers, shells, and cartridges] articles described in 
section 4181 and purchased with funds appropriated for the 
military department shall be subject to any tax imposed on the 
sale or transfer of such articles.
  (c) Small manufacturers, etc.
          (1) In general.--The tax imposed by section 4181 
        shall not apply to any pistol, revolver, [or firearm] 
        firearm, firearm silencer, or firearm muffler, 
        described in such section if manufactured, produced, or 
        imported by a person who manufactures, produces, and 
        imports less than an aggregate of 50 of such articles 
        during the calendar year.
          (2) Controlled groups.--All persons treated as a 
        single employer for purposes of subsection (a) or (b) 
        of section 52 shall be treated as one person for 
        purposes of paragraph (1).
  (d) Records.--Notwithstanding the provisions of sections 
922(b)(5) and 923(g) of title 18, United States Code, no person 
holding a Federal license under chapter 44 of title 18, United 
States Code, shall be required to record the name, address, or 
other information about the purchaser of shotgun ammunition, 
ammunition suitable for use only in rifles generally available 
in commerce, or component parts for the aforesaid types of 
ammunition.

           *       *       *       *       *       *       *


Subtitle E--Alcohol, Tobacco, and Certain Other Excise Taxes

           *       *       *       *       *       *       *


   CHAPTER 53--MACHINE GUNS, DESTRUCTIVE DEVICES, AND CERTAIN OTHER 
FIREARMS

           *       *       *       *       *       *       *


Subchapter B--General Provisions and Exemptions

           *       *       *       *       *       *       *


PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 5841. REGISTRATION OF FIREARMS.

  (a) Central Registry.--The Secretary shall maintain a central 
registry of all firearms in the United States which are not in 
the possession or under the control of the United States. This 
registry shall be known as the National Firearms Registration 
and Transfer Record. The registry shall include--
          (1) identification of the firearm;
          (2) date of registration; and
          (3) identification and address of person entitled to 
        possession of the firearm.
  (b) By Whom Registered.--Each manufacturer, importer, and 
maker shall register each firearm he manufactures, imports, or 
makes. Each firearm transferred shall be registered to the 
transferee by the transferor.
  (c) How Registered.--Each manufacturer shall notify the 
Secretary of the manufacture of a firearm in such manner as may 
by regulations be prescribed and such notification shall effect 
the registration of the firearm required by this section. Each 
importer, maker, and transferor of a firearm shall, prior to 
importing, making, or transferring a firearm, obtain 
authorization in such manner as required by this chapter or 
regulations issued thereunder to import, make, or transfer the 
firearm, and such authorization shall effect the registration 
of the firearm required by this section.
  (d) Firearms Registered on Effective Date of this Act.--A 
person shown as possessing a firearm by the records maintained 
by the Secretary pursuant to the National Firearms Act in force 
on the day immediately prior to the effective date of the 
National Firearms Act of 1968 shall be considered to have 
registered under this section the firearms in his possession 
which are disclosed by that record as being in his possession.
  (e) Proof of Registration.--A person possessing a firearm 
registered as required by this section shall retain proof of 
registration which shall be made available to the Secretary 
upon request.
  (f) Firearm Silencers.--A person acquiring or possessing a 
firearm silencer in accordance with chapter 44 of title 18, 
United States Code, shall be treated as meeting any 
registration and licensing requirements of the National 
Firearms Act with respect to such silencer.

           *       *       *       *       *       *       *


SEC. 5845. DEFINITIONS.

  For the purpose of this chapter--
  (a) Firearm.--The term ``firearm'' means (1) a shotgun having 
a barrel or barrels of less than 18 inches in length; (2) a 
weapon made from a shotgun if such weapon as modified has an 
overall length of less than 26 inches or a barrel or barrels of 
less than 18 inches in length; (3) a rifle having a barrel or 
barrels of less than 16 inches in length; (4) a weapon made 
from a rifle if such weapon as modified has an overall length 
of less than 26 inches or a barrel or barrels of less than 16 
inches in length; (5) any other weapon, as defined in 
subsection (e); (6) a machinegun; [(7) any silencer (as defined 
in section 921 of title 18, United States Code); and (8)] and 
(7) a destructive device. The term ``firearm'' shall not 
include an antique firearm or any device (other than a 
machinegun or destructive device) which, although designed as a 
weapon, the Secretary finds by reason of the date of its 
manufacture, value, design, and other characteristics is 
primarily a collector's item and is not likely to be used as a 
weapon.
  (b) Machinegun.--The term ``machinegun'' means any weapon 
which shoots, is designed to shoot, or can be readily restored 
to shoot, automatically more than one shot, without manual 
reloading, by a single function of the trigger. The term shall 
also include the frame or receiver of any such weapon, any part 
designed and intended solely and exclusively, or combination of 
parts designed and intended, for use in converting a weapon 
into a machinegun, and any combination of parts from which a 
machinegun can be assembled if such parts are in the possession 
or under the control of a person.
  (c) Rifle.--The term ``rifle'' means a weapon designed or 
redesigned, made or remade, and intended to be fired from the 
shoulder and designed or redesigned and made or remade to use 
the energy of the explosive in a fixed cartridge to fire only a 
single projectile through a rifled bore for each single pull of 
the trigger, and shall include any such weapon which may be 
readily restored to fire a fixed cartridge.
  (d) Shotgun.--The term ``shotgun'' means a weapon designed or 
redesigned, made or remade, and intended to be fired from the 
shoulder and designed or redesigned and made or remade to use 
the energy of the explosive in a fixed shotgun shell to fire 
through a smooth bore either a number of projectiles (ball 
shot) or a single projectile for each pull of the trigger, and 
shall include any such weapon which may be readily restored to 
fire a fixed shotgun shell.
  (e) Any Other Weapon.--The term ``any other weapon'' means 
any weapon or device capable of being concealed on the person 
from which a shot can be discharged through the energy of an 
explosive, a pistol or revolver having a barrel with a smooth 
bore designed or redesigned to fire a fixed shotgun shell, 
weapons with combination shotgun and rifle barrels 12 inches or 
more, less than 18 inches in length, from which only a single 
discharge can be made from either barrel without manual 
reloading, and shall include any such weapon which may be 
readily restored to fire. Such term shall not include a pistol 
or a revolver having a rifled bore, or rifled bores, or weapons 
designed, made, or intended to be fired from the shoulder and 
not capable of firing fixed ammunition.
  (f) Destructive Device.--The term ``destructive device'' 
means (1) any explosive, incendiary, or poison gas (A) bomb, 
(B) grenade, (C) rocket having a propellent charge of more than 
four ounces, (D) missile having an explosive or incendiary 
charge of more than one-quarter ounce, (E) mine, or (F) similar 
device; (2) any type of weapon by whatever name known which 
will, or which may be readily converted to, expel a projectile 
by the action of an explosive or other propellant, the barrel 
or barrels of which have a bore of more than one-half inch in 
diameter, except a shotgun or shotgun shell which the Secretary 
finds is generally [recognized as particularly suitable for 
sporting purposes] recognized as suitable for lawful purposes; 
and (3) any combination of parts either designed or intended 
for use in converting any device into a destructive device as 
defined in subparagraphs (1) and (2) and from which a 
destructive device may be readily assembled. The term 
``destructive device'' shall not include any device which is 
neither designed nor redesigned for use as a weapon; any 
device, although originally designed for use as a weapon, which 
is redesigned for use as a signaling, pyrotechnic, line 
throwing, safety, or similar device; surplus ordnance sold, 
loaned, or given by the Secretary of the Army pursuant to the 
provisions of section 4684(2), 4685, or 4686 of title 10 of the 
United States Code; or any other device which the Secretary 
finds is not likely to be used as a weapon, or is an antique or 
is a rifle which the owner intends to [use solely for sporting 
purposes] use for sporting purposes.
  (g) Antique Firearm.--The term ``antique firearm'' means any 
firearm not designed or redesigned for using rim fire or 
conventional center fire ignition with fixed ammunition and 
manufactured in or before 1898 (including any matchlock, 
flintlock, percussion cap, or similar type of ignition system 
or replica thereof, whether actually manufactured before or 
after the year 1898) and also any firearm using fixed 
ammunition manufactured in or before 1898, for which ammunition 
is no longer manufactured in the United States and is not 
readily available in the ordinary channels of commercial trade.
  (h) Unserviceable Firearm.--The term ``unserviceable 
firearm'' means a firearm which is incapable of discharging a 
shot by means of an explosive and incapable of being readily 
restored to a firing condition.
  (i) Make.--The term ``make'', and the various derivatives of 
such word, shall include manufacturing (other than by one 
qualified to engage in such business under this chapter), 
putting together, altering, any combination of these, or 
otherwise producing a firearm.
  (j) Transfer.--The term ``transfer'' and the various 
derivatives of such word, shall include selling, assigning, 
pledging, leasing, loaning, giving away, or otherwise disposing 
of.
  (k) Dealer.--The term ``dealer'' means any person, not a 
manufacturer or importer, engaged in the business of selling, 
renting, leasing, or loaning firearms and shall include 
pawnbrokers who accept firearms as collateral for loans.
  (l) Importer.--The term ``importer'' means any person who is 
engaged in the business of importing or bringing firearms into 
the United States.
  (m) Manufacturer.--The term ``manufacturer'' means any person 
who is engaged in the business of manufacturing firearms.

           *       *       *       *       *       *       *

                              ----------                              


               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, 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, subject to 
                appropriation, in accordance with this 
                subsection.
                  (B) Purposes.--Except as authorized under 
                paragraph (2), funds in the Federal Land 
                Disposal Account shall be used for one or more 
                of the following purposes:
                          (i) To purchase lands or interests 
                        therein that are otherwise authorized 
                        by law to be acquired and are one or 
                        more of the following:
                                  (I) Inholdings.
                                  (II) Adjacent to federally 
                                designated areas and contain 
                                exceptional resources.
                                  (III) Provide opportunities 
                                for hunting, recreational 
                                fishing, recreational shooting, 
                                and other recreational 
                                activities.
                                  (IV) Likely to aid in the 
                                performance of deferred 
                                maintenance or the reduction of 
                                operation and maintenance costs 
                                or other deferred costs.
                          (ii) To perform deferred maintenance 
                        or other maintenance activities that 
                        enhance opportunities for recreational 
                        access.
          (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)] subparagraph (B), 
                not less than 80 percent shall be expended 
                within the State in which the funds were 
                generated for the activities outlined in 
                paragraph (1). 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.
                              ----------                              


                FEDERAL LANDS RECREATION ENHANCEMENT ACT



           *       *       *       *       *       *       *
DIVISION J--OTHER MATTERS

           *       *       *       *       *       *       *


TITLE VIII--FEDERAL LANDS RECREATION ENHANCEMENT ACT

           *       *       *       *       *       *       *


SEC. 803. RECREATION FEE AUTHORITY.

  (a) Authority of Secretary.--Beginning in fiscal year 2005 
and thereafter, the Secretary may establish, modify, charge, 
and collect recreation fees at Federal recreational lands and 
waters as provided for in this section.
  (b) Basis for Recreation Fees.--Recreation fees shall be 
established in a manner consistent with the following criteria:
          (1) The amount of the recreation fee shall be 
        commensurate with the benefits and services provided to 
        the visitor.
          (2) The Secretary shall consider the aggregate effect 
        of recreation fees on recreation users and recreation 
        service providers.
          (3) The Secretary shall consider comparable fees 
        charged elsewhere and by other public agencies and by 
        nearby private sector operators.
          (4) The Secretary shall consider the public policy or 
        management objectives served by the recreation fee.
          (5) The Secretary shall obtain input from the 
        appropriate Recreation Resource Advisory Committee, as 
        provided in section 4(d).
          (6) The Secretary shall consider such other factors 
        or criteria as determined appropriate by the Secretary.
  (c) Special Considerations.--The Secretary shall establish 
the minimum number of recreation fees and shall avoid the 
collection of multiple or layered recreation fees for similar 
uses, activities, or programs.
  (d) Limitations on Recreation Fees.--
          (1) Prohibition on fees for certain activities or 
        services.--The Secretary shall not charge any standard 
        amenity recreation fee or expanded amenity recreation 
        fee for Federal recreational lands and waters 
        administered by the Bureau of Land Management, the 
        Forest Service, or the Bureau of Reclamation under this 
        Act for any of the following:
                  (A) Solely for parking, undesignated parking, 
                or picnicking along roads or trailsides.
                  (B) For general access unless specifically 
                authorized under this section.
                  (C) For dispersed areas with low or no 
                investment unless specifically authorized under 
                this section.
                  (D) For persons who are driving through, 
                walking through, boating through, horseback 
                riding through, or hiking through Federal 
                recreational lands and waters without using the 
                facilities and services.
                  (E) For camping at undeveloped sites that do 
                not provide a minimum number of facilities and 
                services as described in subsection (g)(2)(A).
                  (F) For use of overlooks or scenic pullouts.
                  (G) For travel by private, noncommercial 
                vehicle over any national parkway or any road 
                or highway established as a part of the 
                Federal-aid System, as defined in section 101 
                of title 23, United States Code, which is 
                commonly used by the public as a means of 
                travel between two places either or both of 
                which are outside any unit or area at which 
                recreation fees are charged under this Act
                  (H) For travel by private, noncommercial 
                vehicle, boat, or aircraft over any road or 
                highway, waterway, or airway to any land in 
                which such person has any property right if 
                such land is within any unit or area at which 
                recreation fees are charged under this Act
                  (I) For any person who has a right of access 
                for hunting or fishing privileges under a 
                specific provision of law or treaty.
                  (J) For any person who is engaged in the 
                conduct of official Federal, State, Tribal, or 
                local government business.
                  (K) For special attention or extra services 
                necessary to meet the needs of the disabled.
          (2) Relation to fees for use of highways or roads.--
        An entity that pays a special recreation permit fee or 
        similar permit fee shall not be subject to a road cost-
        sharing fee or a fee for the use of highways or roads 
        that are open to private, noncommercial use within the 
        boundaries of any Federal recreational lands or waters, 
        as authorized under section 6 of Public Law 88-657 (16 
        U.S.C. 537; commonly known as the Forest Roads and 
        Trails Act).
          (3) Prohibition on fees for certain persons or 
        places.--The Secretary shall not charge an entrance fee 
        or standard amenity recreation fee for the following:
                  (A) Any person under 16 years of age.
                  (B) Outings conducted for noncommercial 
                educational purposes by schools or bona fide 
                academic institutions.
                  (C) The U.S.S. Arizona Memorial, Independence 
                National Historical Park, any unit of the 
                National Park System within the District of 
                Columbia, or Arlington House-Robert E. Lee 
                National Memorial.
                  (D) The Flight 93 National Memorial.
                  (E) Entrance on other routes into the Great 
                Smoky Mountains National Park or any part 
                thereof unless fees are charged for entrance 
                into that park on main highways and 
                thoroughfares.
                  (F) Entrance on units of the National Park 
                System containing deed restrictions on charging 
                fees.
                  (G) An area or unit covered under section 203 
                of the Alaska National Interest Lands 
                Conservation Act (Public Law 96-487; 16 U.S.C. 
                410hh-2), with the exception of Denali National 
                Park and Preserve.
                  (H) A unit of the National Wildlife Refuge 
                System created, expanded, or modified by the 
                Alaska National Interest Lands Conservation Act 
                (Public Law 96-487).
                  (I) Any person who visits a unit or area 
                under the jurisdiction of the United States 
                Fish and Wildlife Service and who has been 
                issued a valid migratory bird hunting and 
                conservation stamp issued under section 2 of 
                the Act of March 16, 1934 (16 U.S.C. 718b; 
                commonly known as the Duck Stamp Act).
                  (J) Any person engaged in a nonrecreational 
                activity authorized under a valid permit issued 
                under any other Act, including a valid grazing 
                permit.
          (4) No restriction on recreation opportunities.--
        Nothing in this Act shall limit the use of recreation 
        opportunities only to areas designated for collection 
        of recreation fees.
  (e) Entrance Fee.--
          (1) Authorized sites for entrance fees.--The 
        Secretary of the Interior may charge an entrance fee 
        for a unit of the National Park System, including a 
        national monument administered by the National Park 
        Service, or for a unit of the National Wildlife Refuge 
        System.
          (2) Prohibited sites.--The Secretary shall not charge 
        an entrance fee for Federal recreational lands and 
        waters managed by the Bureau of Land Management, the 
        Bureau of Reclamation, or the Forest Service.
  (f) Standard Amenity Recreation Fee.--Except as limited by 
subsection (d), the Secretary may charge a standard amenity 
recreation fee for Federal recreational lands and waters under 
the jurisdiction of the Bureau of Land Management, the Bureau 
of Reclamation, or the Forest Service, but only at the 
following:
          (1) A National Conservation Area.
          (2) A National Volcanic Monument.
          (3) A destination visitor or interpretive center that 
        provides a broad range of interpretive services, 
        programs, and media.
          (4) An area--
                  (A) that provides significant opportunities 
                for outdoor recreation;
                  (B) that has substantial Federal investments;
                  (C) where fees can be efficiently collected; 
                and
                  (D) that contains all of the following 
                amenities:
                          (i) Designated developed parking.
                          (ii) A permanent toilet facility.
                          (iii) A permanent trash receptacle.
                          (iv) Interpretive sign, exhibit, or 
                        kiosk.
                          (v) Picnic tables.
                          (vi) Security services.
  (g) Expanded Amenity Recreation Fee.--
          (1) NPS and usfws authority.--Except as limited by 
        subsection (d), the Secretary of the Interior may 
        charge an expanded amenity recreation fee, either in 
        addition to an entrance fee or by itself, at Federal 
        recreational lands and waters under the jurisdiction of 
        the National Park Service or the United States Fish and 
        Wildlife Service when the Secretary of the Interior 
        determines that the visitor uses a specific or 
        specialized facility, equipment, or service.
          (2) Other federal land management agencies.--Except 
        as limited by subsection (d), the Secretary may charge 
        an expanded amenity recreation fee, either in addition 
        to a standard amenity fee or by itself, at Federal 
        recreational lands and waters under the jurisdiction of 
        the Forest Service, the Bureau of Land Management, or 
        the Bureau of Reclamation, but only for the following 
        facilities or services:
                  (A) Use of developed campgrounds that provide 
                at least a majority of the following:
                          (i) Tent or trailer spaces.
                          (ii) Picnic tables.
                          (iii) Drinking water.
                          (iv) Access roads.
                          (v) The collection of the fee by an 
                        employee or agent of the Federal land 
                        management agency.
                          (vi) Reasonable visitor protection.
                          (vii) Refuse containers.
                          (viii) Toilet facilities.
                          (ix) Simple devices for containing a 
                        campfire.
                  (B) Use of highly developed boat launches 
                with specialized facilities or services such as 
                mechanical or hydraulic boat lifts or 
                facilities, multi-lane paved ramps, paved 
                parking, restrooms and other improvements such 
                as boarding floats, loading ramps, or fish 
                cleaning stations.
                  (C) Rental of cabins, boats, stock animals, 
                lookouts, historic structures, group day-use or 
                overnight sites, audio tour devices, portable 
                sanitation devices, binoculars or other 
                equipment.
                  (D) Use of hookups for electricity, cable, or 
                sewer.
                  (E) Use of sanitary dump stations.
                  (F) Participation in an enhanced interpretive 
                program or special tour.
                  (G) Use of reservation services.
                  (H) Use of transportation services.
                  (I) Use of areas where emergency medical or 
                first-aid services are administered from 
                facilities staffed by public employees or 
                employees under a contract or reciprocal 
                agreement with the Federal Government.
                  (J) Use of developed swimming sites that 
                provide at least a majority of the following:
                          (i) Bathhouse with showers and flush 
                        toilets.
                          (ii) Refuse containers.
                          (iii) Picnic areas.
                          (iv) Paved parking.
                          (v) Attendants, including lifeguards.
                          (vi) Floats encompassing the swimming 
                        area.
                          (vii) Swimming deck.
  [(h) Special Recreation Permit Fee.--The Secretary may issue 
a special recreation permit, and charge a special recreation 
permit fee in connection with the issuance of the permit, for 
specialized recreation uses of Federal recreational lands and 
waters, such as group activities, recreation events, motorized 
recreational vehicle use.]
  (h) Special Recreation Permit and Fee.--
          (1) In general.--The Secretary may--
                  (A) issue a special recreation permit for 
                Federal recreational lands and waters; and
                  (B) charge a special recreation permit fee in 
                connection with the issuance of the permit.
          (2) Special recreation permits.--The Secretary may 
        issue special recreation permits in the following 
        circumstances:
                  (A) For specialized individual and group use 
                of Federal facilities and Federal recreational 
                lands and waters, such as, but not limited to, 
                use of special areas or areas where use is 
                allocated, motorized recreational vehicle use, 
                and group activities or events.
                  (B) To recreation service providers who 
                conduct outfitting, guiding, and other 
                recreation services on Federal recreational 
                lands and waters managed by the Forest Service, 
                Bureau of Land Management, Bureau of 
                Reclamation, or the United States Fish and 
                Wildlife Service.
                  (C) To recreation service providers who 
                conduct recreation or competitive events, which 
                may involve incidental sales on Federal 
                recreational lands and waters managed by the 
                Forest Service, Bureau of Land Management, 
                Bureau of Reclamation, or the United States 
                Fish and Wildlife Service.
          (3) Reduction in federal costs and duplication of 
        analysis.--
                  (A) In general.--The issuance of a new 
                special recreation permit for activities under 
                paragraph (2) shall be categorically excluded 
                from further analysis and documentation under 
                the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.), if the proposed use 
                is the same as or similar to a previously 
                authorized use and the Secretary determines 
                that such issuance does not have significant 
                environmental effects based upon application of 
                the extraordinary circumstances procedures 
                established by the Secretary under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
                  (B) Definition.--For the purposes of this 
                paragraph, the term ``similar'' means--
                          (i) substantially similar in type, 
                        nature, and scope; and
                          (ii) will not result in significant 
                        new impacts.
          (4) Relation to fees for use of highways or roads.--
        An entity that pays a special recreation permit fee 
        shall not be subject to a road cost-sharing fee or a 
        fee for the use of highways or roads that are open to 
        private, noncommercial use within the boundaries of any 
        Federal recreational lands or waters, as authorized 
        under section 6 of Public Law 88-657 (16 U.S.C. 537).

           *       *       *       *       *       *       *




                            DISSENTING VIEWS

    Increasing opportunities for hunters, anglers, and other 
outdoor enthusiasts has always been, and remains, a top 
priority for Committee Democrats. Unfortunately, the various 
iterations of the so-called ``sportsmen's bill'' Republicans 
have produced since taking control of the House have failed to 
provide those opportunities. Instead, they have advanced 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. 3668 carries on this disappointing trend, and 
also adds new provisions outside the Committee's jurisdiction 
that would deliver big legislative wins to the gun lobby at the 
expense of public safety.
    Several of the proposals in H.R. 3668 are non-
controversial, but the bill also includes provisions that would 
undermine the Endangered Species Act, the Wilderness Act, the 
National Environmental Policy Act and other conservation laws. 
Further, H.R. 3668 has a number of troubling titles that are 
outside the jurisdiction of the Natural Resources Committee. 
Language to deregulate the sale and transfer of silencers, 
block regulation of armor-piercing ammunition, and preempt 
state and local gun safety laws have no place in a bill 
designed to enhance outdoor opportunities.
    David Chipman, a former ATF special agent with a 25 year 
career in public safety, stated at the Federal Lands 
Subcommittee hearing on September 12 that this bill should be 
considered in a ``criminal justice based forum because of the 
threats to public safety.'' We urge the Judiciary Committee to 
exercise its authority to hold hearings on this bill, and note 
that the Ranking Member of that Committee has formally made 
such a request.
    While focusing on the agenda of the National Rifle 
Association, Committee Republicans ignore effective programs 
that are popular with the vast majority of hunters, anglers, 
and other outdoor enthusiasts. This bill excludes 
reauthorization of the Land and Water Conservation Fund, the 
National Fish and Wildlife Foundation, and the Multinational 
Species Conservation Fund. It also cripples the North American 
Wetlands Conservation Act by prohibiting land acquisition and 
includes harmful titles dealing with importation of polar bear 
trophies, hunting birds under bait, use of firearms at Army 
Corp of Engineers facilities, and toxic substances contained in 
ammunition and fishing tackle.
    Ranking Member Grijalva (D-AZ) offered an amendment to 
permanently reauthorize the Land and Water Conservation Fund, 
but it was rejected with all but one Committee Republican 
voting against the amendment. Representative Tsongas (D-MA) 
offered an amendment that would have clarified that nothing in 
the bill limits the Secretary of the Interior's authority to 
consider climate change in decision-making related to 
conservation and recreation on Federal land, which all 
Committee Republicans, except one voted down.
    Other amendments offered by Democrats were rejected on 
party line votes. Energy and Mineral Resources Subcommittee 
Ranking Member Lowenthal (D-CA) offered an amendment to strike 
a provision in the bill that gives states veto authority over 
federal fishing rules in National Parks and National Marine 
Sanctuaries. Representative Gomez (D-CA) offered an amendment 
to strike provisions in the bill that would have weakened 
Wilderness Act protections. Representative Beyer (D-VA) offered 
an amendment to prevent further attacks on grey wolf 
populations, which only inhabit five percent of their historic 
range.
    With their failure to include key reauthorizations, address 
legitimate conservation priorities, and remove extreme 
provisions that undermine bedrock conservation laws and 
threaten public safety, Committee Republicans have once again 
pushed a controversial bill through committee that will not 
become law.
    Once again, House Republicans are sacrificing the interests 
of hunters and anglers to the extremist demands of the National 
Rifle Association.
                                   Raul M. Grijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Nanette Diaz Barragan.
                                   Jared Huffman.
                                   Niki Tsongas.
                                   Alan Lowenthal.
                                   Darren Soto.
                                   Grace F. Napolitano.
                                   Jimmy Gomez.
                                   A. Donald McEachin.
                                   Colleen Hanabusa.
                                   Wm. Lacy Clay.
                                   Anthony G. Brown.
                                   Donald S. Beyer, Jr.
                                   Madeleine Z. Bordallo.