Sportsmen's Act of 2015
TITLE I--NATIONAL POLICY
(Sec. 101) This bill states U.S. policy that federal departments and agencies must:
TITLE II--SPORTSMEN'S ACCESS TO FEDERAL LAND
(Sec. 201) The bill applies to federal land managed by: (1) the U.S. Forest Service; and (2) the Bureau of Land Management (BLM), except for lands located on the Outer Continental Shelf or lands held for the benefit of Indians, Aleuts, and Eskimos.
(Sec. 202) Federal land must be open for hunting, fishing, and recreational shooting unless the managing agency acts to close the lands. The bill establishes procedures for closing the land, including reporting on the closures.
(Sec. 204) The Forest Service or the BLM may lease or permit the use of federal land for a shooting range, except land within:
(Sec. 205) The bill amends the Equal Access to Justice Act and the federal judicial code by requiring the Administrative Conference of the United States to: (1) submit an annual report on the amount of fees and other expenses awarded under that Act; and (2) create and maintain a searchable, online database containing specified information with respect to each award. (The Equal Access to Justice Act allows a prevailing party to recover costs and attorneys' fees against the United States in both administrative and judicial proceedings, if the position of the United States was not substantially justified.)
TITLE III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND
(Sec. 301) The bill allows agencies to establish a fee schedule for commercial filming operations on federal land and provides special rules to expand access to federal land and waterways for film crews of three people or fewer.
TITLE IV--BOWS, WILDLIFE MANAGEMENT, AND ACCESS OPPORTUNITIES FOR RECREATION, HUNTING, AND FISHING
(Sec. 401) The National Park Service (NPS) may not prohibit individuals from transporting bows and crossbows if certain requirements are met.
(Sec. 402) The NPS may use qualified volunteers to assist in wildlife management efforts in reducing the size of wildlife populations in the national park system.
(Sec. 403) The Park Service, the U.S. Fish and Wildlife Service, the BLM, and the Forest Service must prepare a list that identifies land within their respective jurisdictions that is: (1) open to the public for hunting, fishing, or recreational uses; (2) not accessible to the public because the land does not have public entry or exit points or has significantly restricted public entry and exit points; and (3) more than 640 acres in size. Those federal entities must: (1) make this information available each year for a ten-year period and then every five years after that period, and (2) report on options for providing public entry and exit points for the land.
TITLE V--FEDERAL LAND TRANSACTION FACILITATION ACT
(Sec. 501) The bill amends the Federal Land Transaction Facilitation Act, including by permanently authorizing the Department of the Interior to sell certain public land and use the proceeds from those sales for acquiring land located within or adjacent to federal lands.
TITLE VI--CONSERVATION REAUTHORIZATION
(Sec. 601) The bill: (1) establishes a National Park Service Critical Maintenance and Revitalization Conservation Fund for high priority deferred maintenance needs of the National Park Service that support critical infrastructure and visitor services, and (2) transfers to the fund specified amounts from revenues due under the Outer Continental Shelf Lands Act. The funds may not be used for land acquisition.
(Sec. 602) The bill: (1) makes permanent the Land and Water Conservation Fund (LWCF), and (2) revises requirements for the LWCF.
((Sec. 603) The bill makes permanent the Historic Preservation Fund.
TITLE VII--MISCELLANEOUS
(Sec. 701) The bill does not modify the rights of Indian tribes nor federal law relating to migratory birds or endangered or threatened species.
(Sec. 702) The bill does not provide a preference for hunting, fishing, or recreational shooting over any other use of federal land or water.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 556 Introduced in Senate (IS)]
114th CONGRESS
1st Session
S. 556
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2015
Ms. Murkowski introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
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 2015''.
(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. Recreational fishing, hunting, and recreational shooting on
Federal public land.
Sec. 102. Annual permit and fee for film crews of 5 persons or fewer.
Sec. 103. Federal action transparency.
Sec. 104. Bows in the Parks.
TITLE II--HABITAT CONSERVATION
Sec. 201. Availability of Land and Water Conservation Fund for
recreational public access projects.
Sec. 202. Identifying opportunities for recreation, hunting, and
fishing on Federal land.
Sec. 203. Federal Land Transaction Facilitation Act.
TITLE I--REGULATORY REFORMS
SEC. 101. 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 Migratory Bird Hunting
and Conservation Stamp Act (16 U.S.C. 718a et
seq.).
SEC. 102. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.
(a) Purpose.--The purpose of this section is to provide commercial
film crews of 5 persons or fewer access to film in areas designated for
public use during public hours on Federal land and waterways.
(b) National Park System Land.--Section 100905 of title 54, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Except as provided in paragraph (3),
the Secretary''; and
(B) by adding at the end the following:
``(3) Special rules for film crews of 5 persons or fewer.--
``(A) Definition of film crew.--In this paragraph,
the term `film crew' means any persons present on
Federal land or waterways under the jurisdiction of the
Secretary who are associated with the production of a
film.
``(B) Required permit and fee.--For any film crew
of 5 persons or fewer, the Secretary shall require a
permit and assess an annual fee of $200 for commercial
filming activities or similar projects on Federal land
and waterways administered by the Secretary.
``(C) Commercial filming activities.--A permit
issued under subparagraph (B) shall be valid for
commercial filming activities or similar projects that
occur in areas designated for public use during public
hours on all Federal land and waterways administered by
the Secretary for a 1-year period beginning on the date
of issuance of the permit.
``(D) No additional fees.--For persons holding a
permit issued under this paragraph, during the
effective period of the permit, the Secretary shall not
assess any fees in addition to the fee assessed under
subparagraph (B).
``(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under any other
purposes, use of cameras or related equipment used for
the purpose of commercial filming activities or similar
projects in accordance with this paragraph on Federal
land and waterways administered by the Secretary.
``(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued under this
paragraph shall notify the applicable land management
agency with jurisdiction over the Federal land at least
48 hours before entering the Federal land.
``(G) Denial of access.--The head of the applicable
land management agency may deny access to a film crew
under this paragraph if--
``(i) there is a likelihood of resource
damage that cannot be mitigated;
``(ii) there would be an unreasonable
disruption of the use and enjoyment of the site
by the public;
``(iii) the activity poses health or safety
risks to the public; or
``(iv) the filming includes the use of
models or props that are not part of the
natural or cultural resources or administrative
facilities of the Federal land.''; and
(2) in the first sentence of subsection (b), by striking
``collect any costs'' and inserting ``recover any costs''.
(c) Other Federal Land.--Section 1 of Public Law 106-206 (16 U.S.C.
460l-6d) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Except as provided in paragraph (3),
the Secretary''; and
(B) by adding at the end the following:
``(3) Special rules for film crews of 5 persons or fewer.--
``(A) Definition of film crew.--In this paragraph,
the term `film crew' means any persons present on
Federal land or waterways under the jurisdiction of the
Secretary who are associated with the production of a
film.
``(B) Required permit and fee.--For any film crew
of 5 persons or fewer, the Secretary shall require a
permit and assess an annual fee of $200 for commercial
filming activities or similar projects on Federal land
and waterways administered by the Secretary.
``(C) Commercial filming activities.--A permit
issued under subparagraph (B) shall be valid for
commercial filming activities or similar projects that
occur in areas designated for public use during public
hours on all Federal land and waterways administered by
the Secretary for a 1-year period beginning on the date
of issuance of the permit.
``(D) No additional fees.--For persons holding a
permit issued under this paragraph, during the
effective period of the permit, the Secretary shall not
assess any fees in addition to the fee assessed under
subparagraph (B).
``(E) Use of cameras.--The Secretary shall not
prohibit, as a mechanized apparatus or under any other
purposes, use of cameras or related equipment used for
the purpose of commercial filming activities or similar
projects in accordance with this paragraph on Federal
land and waterways administered by the Secretary.
``(F) Notification required.--A film crew of 5
persons or fewer subject to a permit issued under this
paragraph shall notify the applicable land management
agency with jurisdiction over the Federal land at least
48 hours before entering the Federal land.
``(G) Denial of access.--The head of the applicable
land management agency may deny access to a film crew
under this paragraph if--
``(i) there is a likelihood of resource
damage that cannot be mitigated;
``(ii) there would be an unreasonable
disruption of the use and enjoyment of the site
by the public;
``(iii) the activity poses health or safety
risks to the public; or
``(iv) the filming includes the use of
models or props that are not part of the
natural or cultural resources or administrative
facilities of the Federal land.''; and
(2) in the first sentence of subsection (b)--
(A) by striking ``collect any costs'' and inserting
``recover any costs''; and
(B) by striking ``similar project'' and inserting
``similar projects''.
SEC. 103. FEDERAL ACTION TRANSPARENCY.
(a) Modification of Equal Access to Justice Provisions.--
(1) Agency proceedings.--Section 504 of title 5, United
States Code, is amended--
(A) in subsection (c)(1), by striking ``, United
States Code'';
(B) by redesignating subsection (f) as subsection
(i); and
(C) by striking subsection (e) and inserting the
following:
``(e)(1) Not later than March 31 of the first fiscal year beginning
after the date of enactment of the Bipartisan Sportsmen's Act of 2015,
and every fiscal year thereafter, the Chairman of the Administrative
Conference of the United States, after consultation with the Chief
Counsel for Advocacy of the Small Business Administration, shall submit
to Congress and make publicly available online a report on the amount
of fees and other expenses awarded during the preceding fiscal year
under this section.
``(2) Each report under paragraph (1) shall describe the number,
nature, and amount of the awards, the claims involved in the
controversy, and any other relevant information that may aid Congress
in evaluating the scope and impact of such awards.
``(3)(A) Each report under paragraph (1) shall account for all
payments of fees and other expenses awarded under this section that are
made pursuant to a settlement agreement, regardless of whether the
settlement agreement is sealed or otherwise subject to a nondisclosure
provision.
``(B) The disclosure of fees and other expenses required under
subparagraph (A) shall not affect any other information that is subject
to a nondisclosure provision in a settlement agreement.
``(f) As soon as practicable, and in any event not later than the
date on which the first report under subsection (e)(1) is required to
be submitted, the Chairman of the Administrative Conference of the
United States shall create and maintain online a searchable database
containing, with respect to each award of fees and other expenses under
this section made on or after the date of enactment of the Bipartisan
Sportsmen's Act of 2015, the following information:
``(1) The case name and number of the adversary
adjudication, if available, hyperlinked to the case, if
available.
``(2) The name of the agency involved in the adversary
adjudication.
``(3) A description of the claims in the adversary
adjudication.
``(4) The name of each party to whom the award was made.
``(5) The amount of the award.
``(6) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(g) The online searchable database described in subsection (f)
may not reveal any information the disclosure of which is prohibited by
law or a court order.
``(h) The head of each agency shall provide to the Chairman of the
Administrative Conference of the United States in a timely manner all
information requested by the Chairman to comply with the requirements
of subsections (e), (f), and (g).''.
(2) Court cases.--Section 2412(d) of title 28, United
States Code, is amended by adding at the end the following:
``(5)(A) Not later than March 31 of the first fiscal year beginning
after the date of enactment of the Bipartisan Sportsmen's Act of 2015,
and every fiscal year thereafter, the Chairman of the Administrative
Conference of the United States shall submit to Congress and make
publicly available online a report on the amount of fees and other
expenses awarded during the preceding fiscal year pursuant to this
subsection.
``(B) Each report under subparagraph (A) shall describe the number,
nature, and amount of the awards, the claims involved in the
controversy, and any other relevant information that may aid Congress
in evaluating the scope and impact of such awards.
``(C)(i) Each report under subparagraph (A) shall account for all
payments of fees and other expenses awarded under this subsection that
are made pursuant to a settlement agreement, regardless of whether the
settlement agreement is sealed or otherwise subject to a nondisclosure
provision.
``(ii) The disclosure of fees and other expenses required under
clause (i) shall not affect any other information that is subject to a
nondisclosure provision in a settlement agreement.
``(D) The Chairman of the Administrative Conference of the United
States shall include and clearly identify in each annual report under
subparagraph (A), for each case in which an award of fees and other
expenses is included in the report--
``(i) any amounts paid under section 1304 of title 31 for a
judgment in the case;
``(ii) the amount of the award of fees and other expenses;
and
``(iii) the statute under which the plaintiff filed suit.
``(6) As soon as practicable, and in any event not later than the
date on which the first report under paragraph (5)(A) is required to be
submitted, the Chairman of the Administrative Conference of the United
States shall create and maintain online a searchable database
containing, with respect to each award of fees and other expenses under
this subsection made on or after the date of enactment of the
Bipartisan Sportsmen's Act of 2015, the following information:
``(A) The case name and number, hyperlinked to the case, if
available.
``(B) The name of the agency involved in the case.
``(C) The name of each party to whom the award was made.
``(D) A description of the claims in the case.
``(E) The amount of the award.
``(F) The basis for the finding that the position of the
agency concerned was not substantially justified.
``(7) The online searchable database described in paragraph (6) may
not reveal any information the disclosure of which is prohibited by law
or a court order.
``(8) The head of each agency (including the Attorney General of
the United States) shall provide to the Chairman of the Administrative
Conference of the United States in a timely manner all information
requested by the Chairman to comply with the requirements of paragraphs
(5), (6), and (7).''.
(3) Technical and conforming amendments.--Section 2412 of
title 28, United States Code, is amended--
(A) in subsection (d)(3), by striking ``United
States Code,''; and
(B) in subsection (e)--
(i) by striking ``of section 2412 of title
28, United States Code,'' and inserting ``of
this section''; and
(ii) by striking ``of such title'' and
inserting ``of this title''.
(b) Judgment Fund Transparency.--Section 1304 of title 31, United
States Code, is amended by adding at the end the following:
``(d) Beginning not later than the date that is 60 days after the
date of enactment of the Bipartisan Sportsmen's Act of 2015, and unless
the disclosure of such information is otherwise prohibited by law or a
court order, the Secretary of the Treasury shall make available to the
public on a website, as soon as practicable, but not later than 30 days
after the date on which a payment under this section is tendered, the
following information with regard to that payment:
``(1) The name of the specific agency or entity whose
actions gave rise to the claim or judgment.
``(2) The name of the plaintiff or claimant.
``(3) The name of counsel for the plaintiff or claimant.
``(4) The amount paid representing principal liability, and
any amounts paid representing any ancillary liability,
including attorney fees, costs, and interest.
``(5) A brief description of the facts that gave rise to
the claim.
``(6) The name of the agency that submitted the claim.''.
SEC. 104. BOWS IN THE PARKS.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Park Service.
(2) Not ready for immediate use.--The term ``not ready for
immediate use'' means--
(A) a bow or crossbow, the arrows of which are
secured or stowed in a quiver or other arrow transport
case; and
(B) with respect to a crossbow, uncocked.
(b) Vehicular Transportation Authorized.--The Director shall not
promulgate or enforce any regulation that prohibits an individual from
transporting bows and crossbows that are not ready for immediate use
across any unit of the National Park System in the vehicle of the
individual if--
(1) the individual is not otherwise prohibited by law from
possessing the bows and crossbows;
(2) the bows or crossbows that are not ready for immediate
use remain inside the vehicle of the individual throughout the
period during which the bows or crossbows are transported
across National Park System land; and
(3) the possession of the bows and crossbows is in
compliance with the law of the State in which the unit of the
National Park System is located.
TITLE II--HABITAT CONSERVATION
SEC. 201. AVAILABILITY OF LAND AND WATER CONSERVATION FUND FOR
RECREATIONAL PUBLIC ACCESS PROJECTS.
(a) Availability of Funds.--Section 200303 of title 54, United
States Code, is amended to read as follows:
``Sec. 200303. Availability of funds for certain projects
``Notwithstanding any other provision of this Act, the Secretary
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 that secure public access to Federal land for
hunting, fishing, and other recreational purposes through easements,
rights-of-way, or fee title acquisitions from willing sellers.''.
(b) Conforming Amendments.--
(1) Availability of deposits.--Section 200302(c)(3) of
title 54, United States Code, is amended by striking
``Notwithstanding section 200303 of this title, money'' and
inserting ``Money''.
(2) Contracts for acquisition of land and water.--Section
200308 of title 54, United States Code, is amended in the first
sentence, by striking ``by section 200303 of this title''.
(3) Contracts for options to acquire land and water in
system.--Section 200309 of title 54, United States Code, is
amended in the third sentence by striking ``by section 200303
of this title''.
SEC. 202. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING, AND
FISHING ON FEDERAL LAND.
(a) Definitions.--In this section:
(1) Federal public land management agency.--The term
``Federal public land management agency'' means any of the
National Park Service, the United States Fish and Wildlife
Service, the Forest Service, and the Bureau of Land Management.
(2) State or regional office.--The term ``State or regional
office'' means--
(A) a State office of the Bureau of Land
Management; or
(B) a regional office of the National Park Service,
the United States Fish and Wildlife Service, or the
Forest Service.
(3) 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) Priority Lists Required.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, annually during the 10-year period
beginning on the date on which the first priority list is
completed, and every 5 years after the end of the 10-year
period, each head of each State or regional office shall
prepare a priority list, to be made publicly available on the
website of the applicable Federal public land management
agency, which shall identify the location and acreage of land
under the jurisdiction of the State or regional office on which
the public is allowed, under Federal or State law, to hunt,
fish, or use the land for other recreational purposes but--
(A) to which there is no public access or egress;
or
(B) to which public access or egress to the legal
boundaries of the land is significantly restricted (as
determined by the head of the State or regional
office).
(2) Minimum size.--Any land identified under paragraph (1)
shall consist of contiguous acreage of at least 640 acres.
(3) Considerations.--In preparing the priority list
required under paragraph (1), the head of the State or regional
office shall consider with respect to the land--
(A) whether access is absent or merely restricted,
including the extent of the restriction;
(B) the likelihood of resolving the absence of or
restriction to public access;
(C) the potential for recreational use;
(D) any information received from the public or
other stakeholders during the nomination process
described in paragraph (5); and
(E) any other factor as determined by the head of
the State or regional office.
(4) Adjacent land status.--For each parcel of land on the
priority list, the head of the State or regional office shall
state whether resolving the issue of public access or egress to
the land would require acquisition of an easement, right-of-
way, or fee title from--
(A) another Federal agency;
(B) a State, local, or tribal government; or
(C) a private landowner.
(5) Nomination process.--In preparing a priority list under
this section, the head of the State or regional office shall
provide an opportunity for members of the public to nominate
parcels for inclusion on the priority list.
(c) Access Options.--With respect to land included on a priority
list described in subsection (b), the head of the State or regional
office shall develop and submit to the Committees on Appropriations and
Energy and Natural Resources of the Senate and the Committees on
Appropriations and Natural Resources of the House of Representatives a
report on options for providing access that--
(1) 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;
(2) specifies the steps 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, State, or tribal governments to allow for
such access and egress; and
(3) is consistent with the travel management plan in effect
on the land.
(d) Protection of Personally Identifying Information.--In making
the priority list and report prepared under subsections (b) and (c)
available, the head of the State or regional office shall ensure that
no personally identifying information is included, such as names or
addresses of individuals or entities.
(e) Willing Owners.--For purposes of providing any permits to, or
entering into agreements with, a State, local, or tribal government or
private landowner with respect to the use of land under the
jurisdiction of the government or landowner, a Federal land management
agency shall not take into account whether the State, local, or tribal
government or private landowner has granted or denied public access or
egress to the land.
(f) Means of Public Access and Egress Included.--In considering
public access and egress under subsections (b) and (c), 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--
(1) by motorized or non-motorized vehicles; and
(2) on foot or horseback.
(g) Effect.--
(1) In general.--This section shall have no effect on
whether a particular recreational use shall be allowed on the
land included in a priority list under this section.
(2) Effect of allowable uses on agency consideration.--In
preparing the priority list under subsection (b), the head of
the applicable State or regional office shall only consider
recreational uses that are allowed on the land at the time that
the priority list is prepared.
SEC. 203. 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) Funds to the Treasury.--Of the amounts deposited in the Federal
Land Disposal Account, there shall be transferred to the Treasury
$1,000,000 for each of fiscal years 2016 through 2025.
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources. Hearings held. Hearings printed: S.Hrg. 114-329.
Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Energy and Natural Resources. Reported by Senator Murkowski with an amendment in the nature of a substitute and an amendment to the title. With written report No. 114-183.
Committee on Energy and Natural Resources. Reported by Senator Murkowski with an amendment in the nature of a substitute and an amendment to the title. With written report No. 114-183.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 328.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line