Bipartisan Sportsmen's Act of 2014 - Revises a variety of existing programs to expand access to, and opportunities for, hunting, fishing, and recreational shooting.
Reauthorizes the Federal Land Transaction Facilitation Act, the North American Wetlands Conservation Act, and the National Fish and Wildlife Foundation Establishment Act.
Gives the Secretary of the Interior permanent authority to permit states to issue temporary electronic duck stamps (federal licenses required for hunting migratory waterfowl).
Exempts components of firearms and ammunition and sport fishing equipment and its components (such as lead sinkers) from regulations of chemical substances under the Toxic Substances Control Act (TSCA).
Increases the proportion of funding from the Pittman-Robertson Wildlife Restoration Act that states may use for public target ranges.
Requires the Secretary to issue permits for the importation of polar bear parts taken in sports hunts in Canada before May 15, 2008 (when the species was listed as threatened).
Revises standards for determining what a baited area is for purposes of the prohibition on taking migratory game birds.
Directs federal public land management officials to facilitate hunting, fishing, and recreational shooting on federal public land. Makes land under the jurisdiction of the Bureau of Land Management (BLM) or the Forest Service open for hunting, fishing, and recreational shooting unless the managing agency acts to close the lands.
Allocates funds from the Land and Water Conservation Fund for priority projects that secure public access to federal public lands that have significantly restricted access for hunting, fishing, and other recreational purposes.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2363 Placed on Calendar Senate (PCS)]
Calendar No. 384
113th CONGRESS
2d Session
S. 2363
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2014
Mrs. Hagan (for herself, Ms. Murkowski, Mr. Pryor, Mr. Heller, Mr.
Tester, Mr. Hoeven, Mr. Begich, Mr. Portman, Ms. Landrieu, Mr. Boozman,
Mr. Manchin, Mr. Vitter, Mr. Udall of Colorado, Mr. Chambliss, Mr.
Heinrich, Mr. Isakson, Ms. Klobuchar, Mr. Rubio, Mr. Warner, Mr.
Graham, Mrs. McCaskill, Ms. Ayotte, Mr. Walsh, Mr. Burr, Mr. Donnelly,
Mrs. Fischer, Mr. Franken, Mr. Roberts, Mr. Bennet, Mr. McCain, Mr.
King, Mr. Thune, Mr. Kaine, and Mr. Risch) introduced the following
bill; which was read the first time
May 21, 2014
Read the second time and placed on the calendar
_______________________________________________________________________
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 ``Bipartisan
Sportsmen's Act of 2014''.
(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. Electronic duck stamps.
Sec. 102. Modification of definition of sport fishing equipment under
the Toxic Substances Control Act.
Sec. 103. Target practice and marksmanship.
Sec. 104. Exemption for subsistence users.
Sec. 105. Permits for importation of polar bear trophies taken in sport
hunts in Canada.
Sec. 106. Baiting of migratory game birds.
Sec. 107. Recreational fishing, hunting, and recreational shooting on
Federal public land.
Sec. 108. Annual permit and fee for film crews of 5 persons or fewer.
TITLE II--HABITAT CONSERVATION
Sec. 201. Availability of Land and Water Conservation Fund for
recreational public access projects.
Sec. 202. Federal Land Transaction Facilitation Act.
Sec. 203. North American Wetlands Conservation Act.
Sec. 204. National Fish and Wildlife Foundation Establishment Act.
TITLE I--REGULATORY REFORMS
SEC. 101. 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. 102. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER
THE TOXIC SUBSTANCES CONTROL ACT.
(a) In General.--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 the term is defined
in subsection (a) of section 4162 of the Internal Revenue Code
of 1986, without regard to paragraphs (6) through (9) thereof),
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.''.
(b) Relationship to Other Law.--Nothing in the amendments made by
this section affects or limits the application of, or the obligation to
comply with, any other Federal, State, or local law.
SEC. 103. TARGET PRACTICE AND MARKSMANSHIP.
(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. 104. EXEMPTION FOR SUBSISTENCE USERS.
Section 3(h)(2) of the Fish and Wildlife Improvement Act of 1978
(16 U.S.C. 712(1)) is amended by adding at the end the following: ``A
taking authorized under this section shall be exempt from the
prohibition on taking under section 1 of the Migratory Bird Hunting and
Conservation Stamp Act (16 U.S.C. 718a).''.
SEC. 105. 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
Bipartisan Sportsmen's Act of
2014.''.
SEC. 106. BAITING OF MIGRATORY GAME BIRDS.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended by striking subsection (b) and inserting the following:
``(b) Prohibition of Baiting.--
``(1) Definitions.--In this subsection:
``(A) Baited area.--
``(i) In general.--The term `baited area'
means--
``(I) any area on which salt,
grain, or other feed has been placed,
exposed, deposited, distributed, or
scattered, if the salt, grain, or feed
could lure or attract migratory game
birds; and
``(II) in the case of waterfowl,
cranes (family Gruidae), and coots
(family Rallidae), a standing,
unharvested crop that has been
manipulated through activities such as
mowing, discing, or rolling, unless the
activities are normal agricultural
practices.
``(ii) Exclusions.--An area shall not be
considered to be a `baited area' if the area--
``(I) has been treated with a
normal agricultural practice;
``(II) has standing crops that have
not been manipulated; or
``(III) has standing crops that
have been or are flooded.
``(B) Baiting.--The term `baiting' means the direct
or indirect placing, exposing, depositing,
distributing, or scattering of salt, grain, or other
feed that could lure or attract migratory game birds
to, on, or over any areas on which a hunter is
attempting to take migratory game birds.
``(C) Migratory game bird.--The term `migratory
game bird' means migratory bird species--
``(i) that are within the taxonomic
families of Anatidae, Columbidae, Gruidae,
Rallidae, and Scolopacidae; and
``(ii) for which open seasons are
prescribed by the Secretary of the Interior.
``(D) Normal agricultural practice.--
``(i) In general.--The term `normal
agricultural practice' means any practice in 1
annual growing season that--
``(I) is carried out in order to
produce a marketable crop, including
planting, harvest, post-harvest, or
soil conservation practices; and
``(II) is recommended for the
successful harvest of a given crop by
the applicable State office of the
Cooperative Extension System of the
Department of Agriculture, in
consultation with, and if requested,
the concurrence of, the head of the
applicable State department of fish and
wildlife.
``(ii) Inclusions.--
``(I) In general.--Subject to
subclause (II), the term `normal
agricultural practice' includes the
destruction of a crop in accordance
with practices required by the Federal
Crop Insurance Corporation for
agricultural producers to obtain crop
insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.)
on land on which a crop during the
current or immediately preceding crop
year was not harvestable due to a
natural disaster (including any
hurricane, storm, tornado, flood, high
water, wind-driven water, tidal wave,
tsunami, earthquake, volcanic eruption,
landslide, mudslide, drought, fire,
snowstorm, or other catastrophe that is
declared a major disaster by the
President in accordance with section
401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5170)).
``(II) Limitations.--The term
`normal agricultural practice' only
includes a crop described in subclause
(I) that has been destroyed or
manipulated through activities that
include (but are not limited to)
mowing, discing, or rolling if the
Federal Crop Insurance Corporation
certifies that flooding was not an
acceptable method of destruction to
obtain crop insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et
seq.).
``(E) Waterfowl.--The term `waterfowl' means native
species of the family Anatidae.
``(2) Prohibition.--It shall be unlawful for any person--
``(A) to take any migratory game bird by baiting or
on or over any baited area, if the person knows or
reasonably should know that the area is a baited area;
or
``(B) to place or direct the placement of bait on
or adjacent to an area for the purpose of causing,
inducing, or allowing any person to take or attempt to
take any migratory game bird by baiting or on or over
the baited area.
``(3) Regulations.--The Secretary of the Interior may
promulgate regulations to implement this subsection.
``(4) Reports.--Annually, the Secretary of Agriculture
shall submit to the Secretary of the Interior a report that
describes any changes to normal agricultural practices across
the range of crops grown by agricultural producers in each
region of the United States in which the recommendations are
provided to agricultural producers.''.
SEC. 107. 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 Indian tribes or individual
Indians;
(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 Federal law (including
regulations)).
(3) Recreational fishing.--The term ``recreational
fishing'' means--
(A) an activity for sport or pleasure that involves
the lawful--
(i) catching, taking, or harvesting of
fish; or
(ii) 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--
(A) the discharge of a rifle, handgun, or shotgun;
or
(B) 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 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 Federal law (including regulations) that
authorizes action or withholding action for reasons of
national security, public safety, or resource
conservation;
(B) any other Federal law (including regulations)
that precludes recreational fishing, hunting, or
recreational shooting on specific Federal public land
units of Federal public land, or water; or
(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 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. 108. 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--HABITAT CONSERVATION
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 appropriated for the fund for each fiscal
year, not less than the greater of 1.5 percent of the amounts or
$10,000,000 shall be made available for projects 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.
(a) In General.--The Federal Land Transaction Facilitation Act is
amended--
(1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on
the date of enactment of this Act was'' and inserting ``is'';
(2) in section 205 (43 U.S.C. 2304)--
(A) in subsection (a), by striking ``(as in effect
on the date of enactment of this Act)''; and
(B) by striking subsection (d);
(3) in section 206 (43 U.S.C. 2305), by striking subsection
(f); and
(4) in section 207(b) (43 U.S.C. 2306(b))--
(A) in paragraph (1)--
(i) by striking ``96-568'' and inserting
``96-586''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(B) in paragraph (2)--
(i) by inserting ``Public Law 105-263;''
before ``112 Stat.''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(3) the White Pine County Conservation, Recreation, and
Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
``(4) the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
``(5) subtitle F of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
11);
``(6) subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 460www note, 1132 note;
Public Law 111-11);
``(7) section 2601 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
``(8) section 2606 of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
(b) Deficit Reduction.--Of the amounts deposited in the Federal
Land Disposal Account, there shall be transferred to the Treasury and
used for Federal budget deficit reduction, $1,000,000 for each of
fiscal years 2015 through 2024.
SEC. 203. NORTH AMERICAN WETLANDS CONSERVATION ACT.
Section 7(c) of the North American Wetlands Conservation Act (16
U.S.C. 4406(c)) is amended--
(1) in paragraph (4), by striking ``and'';
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) $50,000,000 for each of fiscal years 2014 through
2019.''.
SEC. 204. 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''.
Calendar No. 384
113th CONGRESS
2d Session
S. 2363
_______________________________________________________________________
A BILL
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
_______________________________________________________________________
May 21, 2014
Read the second time and placed on the calendar
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3319)
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3345)
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3387)
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3433)
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3845-3847)
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3887)
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3903)
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3949, S3991, S3997)
Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S3997; text: CR S3997)
Motion to proceed to consideration of measure made in Senate. (consideration: CR S4095)
Motion to proceed to consideration of measure made in Senate. (consideration: CR S4197, S4210-4211)
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Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 82 - 12. Record Vote Number: 218. (consideration: CR S4210-4211; text: CR S4210)
Roll Call #218 (Senate)Motion to proceed to measure considered in Senate. (consideration: CR S4244-4246, S4248-4261)
Motion to proceed to measure considered in Senate. (consideration: CR S4298)
Motion to proceed to consideration of measure agreed to in Senate by Voice Vote.
Measure laid before Senate by motion. (consideration: CR S4298-4324)
Motion by Senator Reid to commit to Senate Committee on Energy and Natural Resources with instructions to report back forthwith with amendment SA 3491 made in Senate. (consideration: CR S4298)
Cloture motion on the bill presented in Senate. (consideration: CR S4298; text: CR S4298)
Considered by Senate. (consideration: CR S4377-4378)
Cloture on the bill not invoked in Senate by Yea-Nay Vote. 41 - 56. Record Vote Number: 220. (consideration: CR S4377-4378; text: CR S4377)
Roll Call #220 (Senate)