Sportsmen's and Public Outdoor Recreation Traditions Act or the SPORT Act - Title I: Regulatory Reforms - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt from sequestration the following budget accounts: Federal Aid in Wildlife Restoration, Sport Fish Restoration, and Wildlife Restoration.
Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "chemical substance" for purposes of such Act: (1) any component of any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components.
Grants the Secretary of the Interior permanent authority to authorize any state to issue electronic duck stamps.
Sets forth state electronic duck stamp application requirements.
Allows the Secretary to determine the number of new states permitted per year to participate in the electronic duck stamp program.
Instructs the Secretary to require electronic stamp revenue and customer information collected by each state to be transmitted in accordance with a written agreement between the Secretary and the state.
Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of the Interior to 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 who submits proof that the polar bear was legally harvested before May 15, 2008 (currently by February 18, 1997), when polar bears were listed as a threatened species by the Department of the Interior.
Amends the Pittman-Robertson Wildlife Restoration Act to: (1) authorize a state to pay up to 90% of the costs of acquiring land for, expanding, or constructing a public target range; (2) authorize a state to elect to allocate 10% of a specified amount apportioned to it from the federal aid to wildlife restoration fund for such costs; (3) limit the federal share of such costs under such Act to 90%; and (4) require amounts provided for such costs under such Act to remain available for expenditure and obligation for five fiscal years.
Shields the United States from any civil action or claim for money damages for injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is funded by the federal government pursuant to such Act or located on federal land, except to the extent provided under the Federal Tort Claims Act with respect to the exercise or performance of a discretionary function.
Urges the Chief of the Forest Service and the Director of BLM to 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 its continued use for target practice or marksmanship training.
Amends the Migratory Bird Treaty Act to permit the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over land that: (1) is not a baited area; and (2) contains a standing crop (including an aquatic crop), standing, flooded, or manipulated natural vegetation, flooded harvested cropland, or an area on which seed or grain has been scattered solely as the result of a normal agricultural practice.
Requires the Secretary and the Secretary of Agriculture (USDA), for any film crew of five persons or fewer, to require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on federal land and waterways administered by the Secretary. Makes such a permit valid for such activities or projects that occur in areas designated for public use during public hours on all federal land and waterways administered by the Secretary for a one-year period. Allows an applicable land management agency to deny access to a film crew if: (1) there is a likelihood of resource damage that cannot be mitigated, (2) there would be an unreasonable disruption of the public use and enjoyment of the site, (3) the activity poses public health or safety risks, and (4) the filming includes the use of models or props that are not part of the land's natural or cultural resources or administrative facilities.
Title II: Improving Access - Amends the Land and Water Conservation Fund Act of 1965 to direct the Secretary and the Secretary of Agriculture (USDA) to ensure, from amounts requested for the Land and Water Conservation Fund per fiscal year, that not less than the greater of 1.5% of the requested amounts or $10 million be made available for certain projects identified on an annual priority list to be developed pursuant to this Act.
Requires projects identified on such a list to secure, through rights-of-way or the acquisition of lands or interests from willing sellers, recreational public access to existing federal public lands that have significantly restricted access to hunting, fishing, and other recreational purposes.
Amends the Federal Land Transaction Facilitation Act (FLTFA) to revoke provisions that terminate: (1) the authority provided under such Act, and (2) the Federal Land Disposal Account.
Makes the FLTFA inapplicable to land eligible for sale under specified public land laws.
Requires a federal public land management official, in cooperation with the respective state and fish and wildlife agency, to exercise the authority of the official under law, including regarding land use planning, to facilitate the use of, and access to, federal public land for hunting, recreational fishing, and recreational shooting, except as described in this Act.
Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates hunting, recreational fishing, and recreational shooting opportunities, to the extent authorized under applicable law.
Requires that Bureau of Land Management (BLM) and Forest Service land, excluding land on the Outer Continental Shelf, be open to hunting, recreational fishing, or recreational shooting unless the managing agency acts to close lands to such activity. Permits closures or restrictions on such land for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, national security, or compliance with other law.
Allows agencies to: (1) lease or permit use of federal public land for recreational shooting ranges, and (2) designate specific land for recreational shooting activities. Excepts from such use or designation land including a component of the National Wilderness Preservation System, land designated as a wilderness study area or administratively classified as wilderness eligible or suitable, and primitive or semiprimitive areas.
Requires annual reports on closures of federal public lands to hunting, recreational fishing, or recreational shooting. Sets forth requirements for specified closures or significant restrictions involving 1280 or more contiguous acres of federal public land or water to hunting or recreational fishing or related activities.
Instructs federal public land agencies to consult with the advisory councils specified in Executive Orders 12962 (relating to recreational fisheries) and 13443 (relating to the facilitation of hunting heritage and wildlife conservation) in carrying out this Act.
Requires each head of a federal public land management agency (the National Park Service, the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the Bureau of Land Management [BLM]), to annually make available to the public on its website a report that includes: (1) a list of the land more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such land for other recreational purposes and to which there is no public access or egress or to which such access or egress to the land's legal boundaries is significantly restricted; (2) a list of locations and acreage on such land that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes; and (3) a plan to provide such access and egress that is consistent with the travel management plan in effect.
Requires each agency head to make available to the public on the agency's website, and thereafter revise, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes.
Title III: Habitat Conservation - Amends the North American Wetlands Conservation Act to extend through FY2017 the authorization of appropriations for allocations to carry out approved wetlands conservation projects.
Reauthorizes and revises the National Fish and Wildlife Foundation Establishment Act. Requires the Secretary of the Interior to appoint 28 directors (currently, 23) who are knowledgeable and experienced in matters relating to conservation of fish, wildlife, or other natural resources and represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation. Removes limitations on the appointment of such Foundation's officers and employees. Requires the Foundation's Executive Director to be appointed by and serve at the direction of the Board as the chief executive officer and to be knowledgeable and experienced in matters relating to fish and wildlife conservation.
Gives the Foundation the power to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources.
Repeals provisions authorizing the Foundation to establish a national whale conservation endowment fund.
Authorizes appropriations for the Foundation for FY2014-FY2019.
Authorizes the Foundation to: (1) assess and collect fees for the management of amounts received from federal agencies; and (2) use such federal funds for matching contributions made by private persons, state and local agencies, and other entities (current law requires such use).
Amends the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 to require the Multinational Species Conservation Funds Semipostal Stamp to be made available to the public for an additional four years.
Amends the Partners for Fish and Wildlife Act to extend through FY2018 the authorization of appropriations to carry out such Act.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1660 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1660
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 6, 2013
Mrs. Hagan (for herself, Mr. Pryor, Mr. Begich, Mr. Heinrich, Mr.
Tester, Mr. Udall of Colorado, and Mr. Warner) introduced the following
bill; which was read twice and referred to the Committee on Environment
and Public Works
_______________________________________________________________________
A BILL
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sportsmen's and
Public Outdoor Recreation Traditions Act'' or the ``SPORT Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REGULATORY REFORMS
Sec. 101. Exemption of certain payments from sequestration.
Sec. 102. Modification of definition of sport fishing equipment under
the Toxic Substances Control Act.
Sec. 103. Electronic duck stamps.
Sec. 104. Permits for importation of polar bear trophies taken in sport
hunts in Canada.
Sec. 105. Target practice and marksmanship training on Federal land.
Sec. 106. Taking of migratory game birds.
Sec. 107. Annual permit and fee for film crews of 5 persons or fewer.
TITLE II--IMPROVING ACCESS
Sec. 201. Availability of Land and Water Conservation Fund for
recreational public access projects.
Sec. 202. Federal Land Transaction Facilitation Act.
Sec. 203. Recreational fishing, hunting, and recreational shooting on
Federal public land.
Sec. 204. Reports on access to Federal public land for hunters,
anglers, and other outdoor recreational
users.
TITLE III--HABITAT CONSERVATION
Sec. 301. North American Wetlands Conservation Act.
Sec. 302. National Fish and Wildlife Foundation Establishment Act.
Sec. 303. Multinational Species Conservation Funds Semipostal Stamp Act
of 2010.
Sec. 304. Partners for Fish and Wildlife Act.
TITLE I--REGULATORY REFORMS
SEC. 101. EXEMPTION OF CERTAIN PAYMENTS FROM SEQUESTRATION.
(a) In General.--Section 255(g)(1)(A) of the Balanced Budget and
Emergency Deficit Control Act (2 U.S.C. 905(g)(1)(A)) is amended--
(1) by inserting after ``Farm Credit System Insurance
Corporation, Farm Credit Insurance Fund (78-4171-0-3-351).''
the following:
``Federal Aid in Wildlife Restoration (14-5029-0-2-
303).'';
(2) by inserting after ``Soldiers and Airmen's Home,
payment of claims (84-8930-0-7-705).'' the following:
``Sport Fish Restoration (14-8151-0-7-303).''; and
(3) by adding at the end the following:
``Wildlife Restoration (14-5029-0-303).''.
(b) Applicability.--The amendments made by this section shall apply
to any sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or
after the date of enactment of this Act.
SEC. 102. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER
THE TOXIC SUBSTANCES CONTROL ACT.
Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C.
2602(2)(B)) is amended--
(1) in clause (v), by striking ``, and'' and inserting ``,
or any component of any such article including, without
limitation, shot, bullets and other projectiles, propellants,
and primers,'';
(2) in clause (vi) by striking the period at the end and
inserting ``, and''; and
(3) by inserting after clause (vi) the following:
``(vii) any sport fishing equipment (as such term is
defined in subparagraph (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. ELECTRONIC DUCK STAMPS.
(a) Definitions.--In this section:
(1) Actual stamp.--The term ``actual stamp'' means a
Federal migratory-bird hunting and conservation stamp required
under the Act of March 16, 1934 (16 U.S.C. 718a et seq.)
(popularly known as the ``Duck Stamp Act''), that is printed on
paper and sold through the means established by the authority
of the Secretary immediately before the date of enactment of
this Act.
(2) Automated licensing system.--
(A) In general.--The term ``automated licensing
system'' means an electronic, computerized licensing
system used by a State fish and wildlife agency to
issue hunting, fishing, and other associated licenses
and products.
(B) Inclusion.--The term ``automated licensing
system'' includes a point-of-sale, Internet, telephonic
system, or other electronic applications used for a
purpose described in subparagraph (A).
(3) Electronic stamp.--The term ``electronic stamp'' means
an electronic version of an actual stamp that--
(A) is a unique identifier for the individual to
whom it is issued;
(B) can be printed on paper or produced through an
electronic application with the same indicators as the
State endorsement provides;
(C) is issued through a State automated licensing
system that is authorized, under State law and by the
Secretary under this section, to issue electronic
stamps;
(D) is compatible with the hunting licensing system
of the State that issues the electronic stamp; and
(E) is described in the State application approved
by the Secretary under subsection (c)(3).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Authority To Issue Electronic Duck Stamps.--
(1) In general.--The Secretary may authorize any State to
issue electronic stamps in accordance with this section.
(2) Consultation.--The Secretary shall implement this
section in consultation with State management agencies.
(c) State Application.--
(1) Approval of application required.--The Secretary may
not authorize a State to issue electronic stamps under this
section unless the Secretary has received and approved an
application submitted by the State in accordance with this
section.
(2) Number of new states.--The Secretary may determine the
number of new States per year to participate in the electronic
stamp program.
(3) Contents of application.--The Secretary may not approve
a State application unless the application contains--
(A) a description of the format of the electronic
stamp that the State will issue under this section,
including identifying features of the licensee that
will be specified on the stamp;
(B) a description of any fee the State will charge
for issuance of an electronic stamp;
(C) a description of the process the State will use
to account for and transfer to the Secretary the
amounts collected by the State that are required to be
transferred to the Secretary under the program;
(D) the manner by which the State will transmit
electronic stamp customer data to the Secretary;
(E) the manner by which actual stamps will be
delivered;
(F) the policies and procedures under which the
State will issue duplicate electronic stamps; and
(G) such other policies, procedures, and
information as may be reasonably required by the
Secretary.
(4) Publication of deadlines, eligibility requirements, and
selection criteria.--Not later than 30 days before the date on
which the Secretary begins accepting applications under this
section, the Secretary shall publish--
(A) deadlines for submission of applications;
(B) eligibility requirements for submitting
applications; and
(C) criteria for approving applications.
(d) State Obligations and Authorities.--
(1) Delivery of actual stamp.--The Secretary shall require
that each individual to whom a State sells an electronic stamp
under this section shall receive an actual stamp--
(A) by not later than the date on which the
electronic stamp expires under subsection (e)(3); and
(B) in a manner agreed upon by the State and
Secretary.
(2) Collection and transfer of electronic stamp revenue and
customer information.--
(A) Requirement to transmit.--The Secretary shall
require each State authorized to issue electronic
stamps to collect and submit to the Secretary in
accordance with this subsection--
(i) the first name, last name, and complete
mailing address of each individual that
purchases an electronic stamp from the State;
(ii) the face value amount of each
electronic stamp sold by the State; and
(iii) the amount of the Federal portion of
any fee required by the agreement for each
stamp sold.
(B) Time of transmittal.--The Secretary shall
require the submission under subparagraph (A) to be
made with respect to sales of electronic stamps by a
State according to the written agreement between the
Secretary and the State agency.
(C) Additional fees not affected.--This section
shall not apply to the State portion of any fee
collected by a State under paragraph (3).
(3) Electronic stamp issuance fee.--A State authorized to
issue electronic stamps may charge a reasonable fee to cover
costs incurred by the State and the Department of the Interior
in issuing electronic stamps under this section, including
costs of delivery of actual stamps.
(4) Duplicate electronic stamps.--A State authorized to
issue electronic stamps may issue a duplicate electronic stamp
to replace an electronic stamp issued by the State that is lost
or damaged.
(5) Limitation on authority to require purchase of state
license.--A State may not require that an individual purchase a
State hunting license as a condition of issuing an electronic
stamp under this section.
(e) Electronic Stamp Requirements; Recognition of Electronic
Stamp.--
(1) Stamp requirements.--The Secretary shall require an
electronic stamp issued by a State under this section--
(A) to have the same format as any other license,
validation, or privilege the State issues under the
automated licensing system of the State; and
(B) to specify identifying features of the licensee
that are adequate to enable Federal, State, and other
law enforcement officers to identify the holder.
(2) Recognition of electronic stamp.--Any electronic stamp
issued by a State under this section shall, during the
effective period of the electronic stamp--
(A) bestow upon the licensee the same privileges as
are bestowed by an actual stamp;
(B) be recognized nationally as a valid Federal
migratory bird hunting and conservation stamp; and
(C) authorize the licensee to hunt migratory
waterfowl in any other State, in accordance with the
laws of the other State governing that hunting.
(3) Duration.--An electronic stamp issued by a State shall
be valid for a period agreed to by the State and the Secretary,
which shall not exceed 45 days.
(f) Termination of State Participation.--The authority of a State
to issue electronic stamps under this section may be terminated--
(1) by the Secretary, if the Secretary--
(A) finds that the State has violated any of the
terms of the application of the State approved by the
Secretary under subsection (c); and
(B) provides to the State written notice of the
termination by not later than the date that is 30 days
before the date of termination; or
(2) by the State, by providing written notice to the
Secretary by not later than the date that is 30 days before the
termination date.
SEC. 104. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT
HUNTS IN CANADA.
Section 104(c)(5) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1374(c)(5)) is amended by striking subparagraph (D) and
inserting the following:
``(D) Polar bear parts.--
``(i) In general.--Notwithstanding
subparagraphs (A) and (C)(ii), subsection
(d)(3), and sections 101 and 102, the Secretary
of the Interior shall, expeditiously after the
date on which the expiration of the applicable
30-day period described in subsection (d)(2)
expires, 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 submitted, with a permit
application submitted before May 15,
2008, proof that the polar bear was
legally harvested from a polar bear
population from which a sport-hunted
trophy could be imported before May 15,
2008, in accordance with section
18.30(i) of title 50, Code of Federal
Regulations (or a successor regulation)
by the person before May 15, 2008.
``(ii) Applicability of prohibition on the
importation of a depleted species.--
``(I) Parts legally harvested
before february 18, 1997.--
``(aa) In general.--
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).
``(bb) Applicability.--Item
(aa) shall not apply to polar
bear parts imported before June
12, 1997.
``(II) Parts legally harvested
before may 15, 2008.--
``(aa) In general.--
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).
``(bb) Applicability.--Item
(aa) shall not apply to polar
bear parts imported before the
date of enactment of the SPORT
Act.''.
SEC. 105. TARGET PRACTICE AND MARKSMANSHIP TRAINING ON FEDERAL LAND.
(a) Findings; Purpose.--
(1) Findings.--Congress finds that--
(A) the use of firearms and archery equipment for
target practice and marksmanship training activities on
Federal land is allowed, except to the extent specific
portions of that land have been closed to those
activities;
(B) in recent years preceding the date of enactment
of this Act, portions of Federal land have been closed
to target practice and marksmanship training for many
reasons;
(C) the availability of public target ranges on
non-Federal land has been declining for a variety of
reasons, including continued population growth and
development near former ranges;
(D) providing opportunities for target practice and
marksmanship training at public target ranges on
Federal and non-Federal land can help--
(i) to promote enjoyment of shooting,
recreational, and hunting activities; and
(ii) to ensure safe and convenient
locations for those activities;
(E) Federal law in effect on the date of enactment
of this Act, including the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669 et seq.), provides
Federal support for construction and expansion of
public target ranges by making available to States
amounts that may be used for construction, operation,
and maintenance of public target ranges; and
(F) it is in the public interest to provide
increased Federal support to facilitate the
construction or expansion of public target ranges.
(2) Purpose.--The purpose of this section is to facilitate
the construction and expansion of public target ranges,
including ranges on Federal land managed by the Forest Service
and the Bureau of Land Management.
(b) Definition of Public Target Range.--In this section, 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.
(c) Amendments to Pittman-Robertson Wildlife Restoration Act.--
(1) Definitions.--Section 2 of the Pittman-Robertson
Wildlife Restoration Act (16 U.S.C. 669a) is amended--
(A) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(B) 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;''.
(2) 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--
(A) 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'';
(B) in paragraph (1) (as so designated), by
striking ``construction, operation,'' and inserting
``operation'';
(C) in the second sentence, by striking ``The non-
Federal share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(D) in the third sentence, by striking ``The
Secretary'' and inserting the following:
``(4) Regulations.--The Secretary''; and
(E) by inserting after paragraph (1) (as designated
by subparagraph (A)) 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.''.
(3) 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--
(A) 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.'';
(B) by striking subsection (b) and inserting the
following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding, or
constructing a public target range in a State on Federal or
non-Federal land pursuant to this section or section 8(b) shall
not exceed 90 percent of the cost of the activity.''; and
(C) in subsection (c)(1)--
(i) by striking ``Amounts made'' and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), amounts made''; and
(ii) 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.''.
(d) Sense of Congress Regarding Cooperation.--It is the sense of
Congress that, consistent with applicable laws (including 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.
SEC. 106. TAKING OF MIGRATORY GAME BIRDS.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended by adding at the end the following:
``(c) Exemptions on Certain Land.--
``(1) In general.--Nothing in this section prohibits the
taking of any migratory game bird, including waterfowl, coots,
and cranes, on or over land that--
``(A) is not a baited area; and
``(B) contains--
``(i) a standing crop or flooded standing
crop, including an aquatic crop;
``(ii) standing, flooded, or manipulated
natural vegetation;
``(iii) flooded harvested cropland; or
``(iv) based on the determination of the
applicable State office of the Cooperative
Extension System of the Department of
Agriculture at the request of the Secretary of
the Interior, an area on which seed or grain
has been scattered solely as the result of a
normal agricultural planting, harvesting, post-
harvest manipulation, or normal soil
stabilization practice.
``(2) Determinations.--
``(A) In general.--For purposes of making a
determination under paragraph (1)(B)(iv), each State
office of the Cooperative Extension System of the
Department of Agriculture shall determine the
activities in that State that the State office
considers to be a normal agricultural practice in the
State, such as mowing, shredding, discing, rolling,
chopping, trampling, flattening, burning, or carrying
out herbicide treatment.
``(B) Revisions.--A State office may revise a
report described in subparagraph (A) as the State
office determines to be necessary to reflect changing
agricultural practices.''.
SEC. 107. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.
(a) Purpose.--The purpose of this section is to provide commercial
film crews of 5 persons or fewer access to film in areas designated for
public use during public hours on Federal land and waterways.
(b) Special Rules.--Section 1(a) of Public Law 106-206 (16 U.S.C.
460l-6d(a)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and indenting
appropriately;
(2) in the first sentence, by striking ``The Secretary of
the Interior'' and inserting the following:
``(1) In general.--Except as provided in paragraph (4), the
Secretary of the Interior'';
(3) in the second sentence, by striking ``Such fee'' and
inserting the following:
``(2) Criteria.--The fee established under paragraph (1)'';
(4) in the third sentence, by striking ``The Secretary
may'' and inserting the following:
``(3) Other considerations.--The Secretary may''; and
(5) by adding at the end the following:
``(4) Special rules for film crews of 5 persons or fewer.--
``(A) Definition of film crew.--In this paragraph,
the term `film crew' means any persons present on
Federal land or waterways under the jurisdiction of the
Secretary who are associated with the production of a
film.
``(B) Required permit and fee.--For any film crew
of 5 persons or fewer, the Secretary shall require a
permit and assess an annual fee of $200 for commercial
filming activities or similar projects on Federal land
and waterways administered by the Secretary.
``(C) Commercial filming activities.--A permit
issued under subparagraph (B) shall be valid for
commercial filming activities or similar projects that
occur in areas designated for public use during public
hours on all Federal land and waterways administered by
the Secretary for a 1-year period beginning on the date
of issuance of the permit.
``(D) No additional fees.--For persons holding a
permit issued under this paragraph, during the
effective period of the permit, the Secretary shall not
assess any fees in addition to the fee assessed under
subparagraph (B).
``(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under any other
purposes, use of cameras or related equipment used for
the purpose of commercial filming activities or similar
projects in accordance with this paragraph on Federal
land and waterways administered by the Secretary.
``(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued under this
paragraph shall notify the applicable land management
agency with jurisdiction over the Federal land at least
48 hours before entering the Federal land.
``(G) Denial of access.--The head of the applicable
land management agency may deny access to a film crew
under this paragraph if--
``(i) there is a likelihood of resource
damage that cannot be mitigated;
``(ii) there would be an unreasonable
disruption of the use and enjoyment of the site
by the public;
``(iii) the activity poses health or safety
risks to the public; or
``(iv) the filming includes the use of
models or props that are not part of the
natural or cultural resources or administrative
facilities of the Federal land.''.
(c) Recovery of Costs.--Section 1(b) of Public Law 106-206 (16
U.S.C. 460l-6d(b)) is amended in the first sentence--
(1) by striking ``collect any costs'' and inserting
``recover any costs''; and
(2) by striking ``similar project'' and inserting ``similar
projects''.
TITLE II--IMPROVING ACCESS
SEC. 201. AVAILABILITY OF LAND AND WATER CONSERVATION FUND FOR
RECREATIONAL PUBLIC ACCESS PROJECTS.
(a) Availability of Funds.--Section 3 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended to read as
follows:
``SEC. 3. AVAILABILITY OF FUNDS FOR CERTAIN PROJECTS.
``(a) In General.--Notwithstanding any other provision of this Act,
the Secretary of the Interior and the Secretary of Agriculture shall
ensure that, of the amounts requested for the fund for each fiscal
year, not less than the greater of 1.5 percent of the amounts or
$10,000,000 shall be made available for projects identified on the
priority list developed under subsection (b).
``(b) Priority List.--The Secretary of the Interior and the
Secretary of Agriculture, in consultation with the head of each
affected Federal agency, shall annually develop a priority list for the
sites under the jurisdiction of the applicable Secretary.
``(c) Criteria.--Projects identified on the priority list developed
under subsection (b) shall secure recreational public access to Federal
public land in existence as of the date of enactment of this section
that has significantly restricted access for hunting, fishing, and
other recreational purposes through rights-of-way or acquisition of
land (or any interest in land) from willing sellers.''.
(b) Conforming Amendments.--The Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 et seq.) is amended--
(1) in the proviso at the end of section 2(c)(2) (16 U.S.C.
460l-5(c)(2)), by striking ``notwithstanding the provisions of
section 3 of this Act'';
(2) in the first sentence of section 9 (16 U.S.C. 460l-
10a), by striking ``by section 3 of this Act''; and
(3) in the third sentence of section 10 (16 U.S.C. 460l-
10b), by striking ``by section 3 of this Act''.
SEC. 202. FEDERAL LAND TRANSACTION FACILITATION ACT.
The Federal Land Transaction Facilitation Act is amended--
(1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on
the date of enactment of this Act was'' and inserting ``is'';
(2) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``(as in effect
on the date of enactment of this Act)''; and
(B) by striking subsection (d);
(3) in section 206 (43 U.S.C. 2305), by striking subsection
(f); and
(4) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting
``96-586''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;''
before ``112 Stat.''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note;
Public Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
SEC. 203. RECREATIONAL FISHING, HUNTING, AND RECREATIONAL SHOOTING ON
FEDERAL PUBLIC LAND.
(a) Definitions.--In this section:
(1) Federal public land.--
(A) In general.--The term ``Federal public land''
means any land or water that is--
(i) owned by the United States; and
(ii) managed by a Federal agency (including
the Department of the Interior and the Forest
Service) for purposes that include the
conservation of natural resources.
(B) Exclusions.--The term ``Federal public land''
does not include--
(i) land or water held or managed in trust
for the benefit of Indians or other Native
Americans;
(ii) land or water managed by the Director
of the National Park Service or the Director of
the United States Fish and Wildlife Service;
(iii) fish hatcheries; or
(iv) conservation easements on private
land.
(2) Hunting.--
(A) In general.--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; or
(ii) attempt to pursue, shoot, capture,
collect, trap, or kill wildlife.
(B) Exclusion.--The term ``hunting'' does not
include the use of skilled volunteers to cull excess
animals (as defined by other Federal law).
(3) Recreational fishing.--The term ``recreational
fishing'' means--
(A) an activity for sport or for pleasure that
involves--
(i) the lawful catching, taking, or
harvesting of fish; or
(ii) the lawful attempted catching, taking,
or harvesting of fish; or
(B) any other activity for sport or pleasure that
can reasonably be expected to result in the lawful
catching, taking, or harvesting of fish.
(4) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow
and arrow.
(b) Recreational Fishing, Hunting, and Recreational Shooting.--
(1) In general.--Subject to valid existing rights, and in
cooperation with the respective State and fish and wildlife
agency, a Federal public land management official shall
exercise the authority of the official under existing law
(including provisions regarding land use planning) to
facilitate use of and access to Federal public land for
recreational fishing, hunting, and recreational shooting except
as limited by--
(A) any law that authorizes action or withholding
action for reasons of national security, public safety,
or resource conservation;
(B) any other Federal law that precludes
recreational fishing, hunting, or recreational shooting
on specific Federal public land or water or units of
Federal public land; and
(C) discretionary limitations on recreational
fishing, hunting, and recreational shooting determined
to be necessary and reasonable as supported by the best
scientific evidence and advanced through a transparent
public process.
(2) Management.--Consistent with paragraph (1), the head of
each Federal public land management agency shall exercise the
land management discretion of the head--
(A) in a manner that supports and facilitates
recreational fishing, hunting, and recreational
shooting opportunities;
(B) to the extent authorized under applicable State
law; and
(C) in accordance with applicable Federal law.
(3) Planning.--
(A) Effects of plans and activities.--
(i) Evaluation of effects on opportunities
to engage in recreational fishing, hunting, or
recreational shooting.--Federal public land
planning documents (including land resources
management plans, resource management plans,
travel management plans, and energy development
plans) shall include a specific evaluation of
the effects of the plans on opportunities to
engage in recreational fishing, hunting, or
recreational shooting.
(ii) Other activity not considered.--
(I) In general.--Federal public
land management officials shall not be
required to consider the existence or
availability of recreational fishing,
hunting, or recreational shooting
opportunities on private or public land
that is located adjacent to, or in the
vicinity of, Federal public land for
purposes of--
(aa) planning for or
determining which units of
Federal public land are open
for recreational fishing,
hunting, or recreational
shooting; or
(bb) setting the levels of
use for recreational fishing,
hunting, or recreational
shooting on Federal public
land.
(II) Enhanced opportunities.--
Federal public land management
officials may consider the
opportunities described in subclause
(I) if the combination of those
opportunities would enhance the
recreational fishing, hunting, or
shooting opportunities available to the
public.
(B) Use of volunteers.--If hunting is prohibited by
law, all Federal public land planning documents
described in subparagraph (A)(i) of an agency shall,
after appropriate coordination with State fish and
wildlife agencies, allow the participation of skilled
volunteers in the culling and other management of
wildlife populations on Federal public land unless the
head of the agency demonstrates, based on the best
scientific data available or applicable Federal law,
why skilled volunteers should not be used to control
overpopulation of wildlife on the land that is the
subject of the planning document.
(4) Bureau of land management and forest service land.--
(A) Land open.--
(i) In general.--Land under the
jurisdiction of the Bureau of Land Management
or the Forest Service (including a component of
the National Wilderness Preservation System,
land designated as a wilderness study area or
administratively classified as wilderness
eligible or suitable, and primitive or
semiprimitive areas, but excluding land on the
outer Continental Shelf) shall be open to
recreational fishing, hunting, and recreational
shooting unless the managing Federal public
land agency acts to close the land to the
activity.
(ii) Motorized access.--Nothing in this
subparagraph authorizes or requires motorized
access or the use of motorized vehicles for
recreational fishing, hunting, or recreational
shooting purposes within land designated as a
wilderness study area or administratively
classified as wilderness eligible or suitable.
(B) Closure or restriction.--Land described in
subparagraph (A)(i) may be subject to closures or
restrictions if determined by the head of the agency to
be necessary and reasonable and supported by facts and
evidence for purposes including resource conservation,
public safety, energy or mineral production, energy
generation or transmission infrastructure, water supply
facilities, protection of other permittees, protection
of private property rights or interests, national
security, or compliance with other law, as determined
appropriate by the Director of the Bureau of Land
Management or the Chief of the Forest Service, as
applicable.
(C) Shooting ranges.--
(i) In general.--Except as provided in
clause (iii), the head of each Federal public
land agency may use the authorities of the
head, in a manner consistent with this section
and other applicable law--
(I) to lease or permit use of land
under the jurisdiction of the head for
shooting ranges; and
(II) to designate specific land
under the jurisdiction of the head for
recreational shooting activities.
(ii) Limitation on liability.--Any
designation under clause (i)(II) shall not
subject the United States to any civil action
or claim for monetary damages for injury or
loss of property or personal injury or death
caused by any recreational shooting activity
occurring at or on the designated land.
(iii) Exception.--The head of each Federal
public land agency shall not lease or permit
use of Federal public land for shooting ranges
or designate land for recreational shooting
activities within including a component of the
National Wilderness Preservation System, land
designated as a wilderness study area or
administratively classified as wilderness
eligible or suitable, and primitive or
semiprimitive areas.
(5) Report.--Not later than October 1 of every other year,
beginning with the second October 1 after the date of enactment
of this Act, the head of each Federal public land agency who
has authority to manage Federal public land on which
recreational fishing, hunting, or recreational shooting occurs
shall submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes--
(A) any Federal public land administered by the
agency head that was closed to recreational fishing,
hunting, or recreational shooting at any time during
the preceding year; and
(B) the reason for the closure.
(6) Closures or significant restrictions of 1,280 or more
acres.--
(A) In general.--Other than closures established or
prescribed by land planning actions referred to in
paragraph (4)(B) or emergency closures described in
subparagraph (C), a permanent or temporary withdrawal,
change of classification, or change of management
status of Federal public land or water that effectively
closes or significantly restricts 1,280 or more
contiguous acres of Federal public land or water to
access or use for recreational fishing or hunting or
activities relating to fishing or hunting shall take
effect only if, before the date of withdrawal or
change, the head of the Federal public land agency that
has jurisdiction over the Federal public land or
water--
(i) publishes appropriate notice of the
withdrawal or change, respectively;
(ii) demonstrates that coordination has
occurred with a State fish and wildlife agency;
and
(iii) submits to the Committee on Natural
Resources of the House of Representatives and
the Committee on Energy and Natural Resources
of the Senate written notice of the withdrawal
or change, respectively.
(B) Aggregate or cumulative effects.--If the
aggregate or cumulative effect of separate withdrawals
or changes effectively closes or significantly
restricts or affects 1,280 or more acres of land or
water, the withdrawals and changes shall be treated as
a single withdrawal or change for purposes of
subparagraph (A).
(C) Emergency closures.--
(i) In general.--Nothing in this section
prohibits a Federal public land management
agency from establishing or implementing
emergency closures or restrictions of the
smallest practicable area of Federal public
land to provide for public safety, resource
conservation, national security, or other
purposes authorized by law.
(ii) Termination.--An emergency closure
under clause (i) shall terminate after a
reasonable period of time unless the temporary
closure is converted to a permanent closure
consistent with this section.
(7) No priority.--Nothing in this section requires a
Federal agency to give preference to recreational fishing,
hunting, or recreational shooting over other uses of Federal
public land or over land or water management priorities
established by other Federal law.
(8) Consultation with councils.--In carrying out this
section, the heads of Federal public land agencies shall
consult with the appropriate advisory councils established
under Executive Order 12962 (16 U.S.C. 1801 note; relating to
recreational fisheries) and Executive Order 13443 (16 U.S.C.
661 note; relating to facilitation of hunting heritage and
wildlife conservation).
(9) Authority of states.--
(A) In general.--Nothing in this section interferes
with, diminishes, or conflicts with the authority,
jurisdiction, or responsibility of any State to manage,
control, or regulate fish and wildlife under State law
(including regulations) on land or water within the
State, including on Federal public land.
(B) Federal licenses.--
(i) In general.--Except as provided in
clause (ii), nothing in this subsection
authorizes the head of a Federal public land
agency head to require a license, fee, or
permit to fish, hunt, or trap on land or water
in a State, including on Federal public land in
the State.
(ii) Migratory bird stamps.--Nothing in
this subparagraph affects any migratory bird
stamp requirement of the Act of March 16, 1934
(16 U.S.C. 718a et seq.) (popularly known as
the ``Duck Stamp Act'').
SEC. 204. REPORTS ON ACCESS TO FEDERAL PUBLIC LAND FOR HUNTERS,
ANGLERS, AND OTHER OUTDOOR RECREATIONAL USERS.
(a) Definitions.--In this section:
(1) Federal public land management agency.--The term
``Federal public land management agency'' means any of--
(A) the National Park Service;
(B) the United States Fish and Wildlife Service;
(C) the Forest Service; and
(D) the Bureau of Land Management.
(2) Travel management plan.--The term ``travel management
plan'' means a plan for the management of travel--
(A) with respect to land under the jurisdiction of
the National Park Service, on park roads and designated
routes under section 4.10 of title 36, Code of Federal
Regulations (or successor regulations);
(B) with respect to land under the jurisdiction of
the United States Fish and Wildlife Service, on the
land under a comprehensive conservation plan prepared
under section 4(e) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd(e));
(C) with respect to land under the jurisdiction of
the Forest Service, on National Forest System land
under part 212 of title 36, Code of Federal Regulations
(or successor regulations); and
(D) with respect to land under the jurisdiction of
the Bureau of Land Management, under a resource
management plan developed under the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(b) Report on Public Access and Egress to Federal Public Land.--
(1) Report.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter, each head of a
Federal public land management agency shall make available to
the public on the website of the Federal public land management
agency a report that includes--
(A) a list of the location and acreage of land more
than 640 acres in size under the jurisdiction of the
Federal public land management agency on which the
public is allowed, under Federal or State law, to hunt,
fish, or use the land for other recreational purposes--
(i) to which there is no public access or
egress; or
(ii) to which public access or egress to
the legal boundaries of the land is
significantly restricted (as determined by the
head of the Federal public land management
agency);
(B) with respect to land described in subparagraph
(A), a list of the locations and acreage on the land
that the head of the Federal public land management
agency determines have significant potential for use
for hunting, fishing, and other recreational purposes;
and
(C) with respect to land described in subparagraph
(B), a plan developed by the Federal public land
management agency that--
(i) identifies how public access and egress
could reasonably be provided to the legal
boundaries of the land in a manner that
minimizes the impact on wildlife habitat and
water quality;
(ii) specifies the actions recommended to
secure the access and egress, including
acquiring an easement, right-of-way, or fee
title from a willing owner of any land that
abuts the land or the need to coordinate with
State land management agencies or other Federal
or State governmental entities to allow for
such access and egress; and
(iii) is consistent with the travel
management plan in effect on the land.
(2) List of public access routes for certain land.--Not
later than 1 year after the date of enactment of this Act, each
head of a Federal public land management agency shall make
available to the public on the website of the Federal public
land management agency, and thereafter revise as the head of
the Federal public land management agency determines
appropriate, a list of roads or trails that provide the primary
public access and egress to the legal boundaries of contiguous
parcels of land equal to more than 640 acres in size under the
jurisdiction of the Federal public land management agency on
which the public is allowed, under Federal or State law, to
hunt, fish, or use the land for other recreational purposes.
(3) Means of public access and egress included.--In
considering public access and egress under paragraphs (1) and
(2), the head of the applicable Federal public land management
agency shall consider public access and egress to the legal
boundaries of the land described in those subsections,
including access and egress--
(A) by motorized or nonmotorized vehicles; and
(B) on foot or horseback.
(4) Effect.--
(A) In general.--This section shall have no effect
on whether a particular recreational use shall be
allowed on the land described in subparagraphs (A) and
(B) of paragraph (1).
(B) Effect of allowable uses on agency
consideration.--In preparing the plan under paragraph
(1)(C), the head of the applicable Federal public land
management agency shall only consider recreational uses
that are allowed on the land at the time that the plan
is prepared.
TITLE III--HABITAT CONSERVATION
SEC. 301. NORTH AMERICAN WETLANDS CONSERVATION ACT.
Section 7(c)(5) of the North American Wetlands Conservation Act (16
U.S.C. 4406(c)(5)) is amended by striking ``2012'' and inserting
``2017''.
SEC. 302. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.
(a) Board of Directors of the Foundation.--
(1) In general.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is
amended--
(A) in subsection (b)--
(i) by striking paragraph (2) and inserting
the following:
``(2) In general.--After consulting with the Secretary of
Commerce and considering the recommendations submitted by the
Board, the Secretary of the Interior shall appoint 28 Directors
who, to the maximum extent practicable, shall--
``(A) be knowledgeable and experienced in matters
relating to the conservation of fish, wildlife, or
other natural resources; and
``(B) represent a balance of expertise in ocean,
coastal, freshwater, and terrestrial resource
conservation.''; and
(ii) by striking paragraph (3) and
inserting the following:
``(3) Terms.--Each Director (other than a Director
described in paragraph (1)) shall be appointed for a term of 6
years.''; and
(B) in subsection (g)(2)--
(i) in subparagraph (A), by striking ``(A)
Officers and employees may not be appointed
until the Foundation has sufficient funds to
pay them for their service. Officers'' and
inserting the following:
``(A) In general.--Officers''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) Executive director.--The Foundation shall
have an Executive Director who shall be--
``(i) appointed by, and serve at the
direction of, the Board as the chief executive
officer of the Foundation; and
``(ii) knowledgeable and experienced in
matters relating to fish and wildlife
conservation.''.
(2) Conforming amendment.--Section 4(a)(1)(B) of the North
American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is
amended by striking ``Secretary of the Board'' and inserting
``Executive Director of the Board''.
(b) Rights and Obligations of the Foundation.--Section 4 of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703) is amended--
(1) in subsection (c)--
(A) by striking ``(c) Powers.--To carry out its
purposes under'' and inserting the following:
``(c) Powers.--
``(1) In general.--To carry out the purposes described
in'';
(B) by redesignating paragraphs (1) through (11) as
subparagraphs (A) through (K), respectively, and
indenting appropriately;
(C) in subparagraph (D) (as redesignated by
subparagraph (B)), by striking ``that are insured by an
agency or instrumentality of the United States'' and
inserting ``at 1 or more financial institutions that
are members of the Federal Deposit Insurance
Corporation or the Securities Investment Protection
Corporation'';
(D) in subparagraph (E) (as redesignated by
subparagraph (B)), by striking ``paragraph (3) or (4)''
and inserting ``subparagraph (C) or (D)'';
(E) in subparagraph (J) (as redesignated by
subparagraph (B)), by striking ``; and'' and inserting
a semicolon;
(F) by striking subparagraph (K) (as redesignated
by subparagraph (B)) and inserting the following:
``(K) to receive and administer restitution and
community service payments, amounts for mitigation of
impacts to natural resources, and other amounts arising
from legal, regulatory, or administrative proceedings,
subject to the condition that the amounts are received
or administered for purposes that further the
conservation and management of fish, wildlife, plants,
and other natural resources; and
``(L) to do acts necessary to carry out the
purposes of the Foundation.''; and
(G) by striking the undesignated matter at the end
and inserting the following:
``(2) Treatment of real property.--
``(A) In general.--For purposes of this Act, an
interest in real property shall be treated as including
easements or other rights for preservation,
conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific,
educational, inspirational, or recreational resources.
``(B) Encumbered real property.--A gift, devise, or
bequest may be accepted by the Foundation even though
the gift, devise, or bequest is encumbered, restricted,
or subject to beneficial interests of private persons
if any current or future interest in the gift, devise,
or bequest is for the benefit of the Foundation.
``(3) Savings clause.--The acceptance and administration of
amounts by the Foundation under paragraph (1)(K) does not
alter, supersede, or limit any regulatory or statutory
requirement associated with those amounts.'';
(2) by striking subsections (f) and (g); and
(3) by redesignating subsections (h) and (i) as subsections
(f) and (g), respectively.
(c) Authorization of Appropriations.--Section 10 of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is
amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 2014 through
2019--
``(A) $15,000,000 to the Secretary of the Interior;
``(B) $5,000,000 to the Secretary of Agriculture;
and
``(C) $5,000,000 to the Secretary of Commerce.'';
(2) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Amounts from federal agencies.--
``(A) In general.--In addition to the amounts
authorized to be appropriated under subsection (a),
Federal departments, agencies, or instrumentalities may
provide Federal funds to the Foundation, subject to the
condition that the amounts are used for purposes that
further the conservation and management of fish,
wildlife, plants, and other natural resources in
accordance with this Act.
``(B) Advances.--Federal departments, agencies, or
instrumentalities may advance amounts described in
subparagraph (A) to the Foundation in a lump sum
without regard to when the expenses for which the
amounts are used are incurred.
``(C) Management fees.--The Foundation may assess
and collect fees for the management of amounts received
under this paragraph.'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``funds'' and inserting ``amounts'';
(ii) by striking ``shall be used'' and
inserting ``may be used''; and
(iii) by striking ``and State and local
government agencies'' and inserting ``, State
and local government agencies, and other
entities''; and
(C) by adding at the end the following:
``(3) Administration of amounts.--
``(A) In general.--In entering into contracts,
agreements, or other partnerships pursuant to this Act,
a Federal department, agency, or instrumentality shall
have discretion to waive any competitive process
applicable to the department, agency, or
instrumentality for entering into contracts,
agreements, or partnerships with the Foundation if the
purpose of the waiver is--
``(i) to address an environmental emergency
resulting from a natural or other disaster; or
``(ii) as determined by the head of the
applicable Federal department, agency, or
instrumentality, to reduce administrative
expenses and expedite the conservation and
management of fish, wildlife, plants, and other
natural resources.
``(B) Reports.--The Foundation shall include in the
annual report submitted under section 7(b) a
description of any use of the authority under
subparagraph (A) by a Federal department, agency, or
instrumentality in that fiscal year.''; and
(3) by adding at the end the following:
``(d) Use of Gifts, Devises, or Bequests of Money or Other
Property.--Any gifts, devises, or bequests of amounts or other
property, or any other amounts or other property, transferred to,
deposited with, or otherwise in the possession of the Foundation
pursuant to this Act, may be made available by the Foundation to
Federal departments, agencies, or instrumentalities and may be accepted
and expended (or the disposition of the amounts or property directed),
without further appropriation, by those Federal departments, agencies,
or instrumentalities, subject to the condition that the amounts or
property be used for purposes that further the conservation and
management of fish, wildlife, plants, and other natural resources.''.
(d) Limitation on Authority.--Section 11 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by
inserting ``exclusive'' before ``authority''.
SEC. 303. MULTINATIONAL SPECIES CONSERVATION FUNDS SEMIPOSTAL STAMP ACT
OF 2010.
Section 2(c)(2) of the Multinational Species Conservation Funds
Semipostal Stamp Act of 2010 (39 U.S.C. 416 note; Public Law 111-241)
is amended by striking ``2 years'' and inserting ``6 years''.
SEC. 304. PARTNERS FOR FISH AND WILDLIFE ACT.
Section 5 of the Partners for Fish and Wildlife Act (16 U.S.C.
3774) is amended by striking ``2011'' and inserting ``2018''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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