II 

Calendar No. 304 

113TH CONGRESS 

2D SESSION S. 1996 

To protect and enhance opportunities for recreational hunting, fishing, and 

shooting, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 4, 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, and Mr. VITTER) introduced the following bill; 

which was read the first time 

FEBRUARY 6, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Bipartisan Sportsmen’s Act of 2014’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 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. Taking 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. 

3 TITLE I—REGULATORY 

4 REFORMS 

5 SEC. 101. ELECTRONIC DUCK STAMPS. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ACTUAL STAMP.—The term ‘‘actual stamp’’ 

8 means a Federal migratory-bird hunting and con9 servation stamp required under the Act of March 

10 16, 1934 (16 U.S.C. 718a et seq.) (popularly known 

11 as the ‘‘Duck Stamp Act’’), that is printed on paper 

12 and sold through the means established by the au13 thority of the Secretary immediately before the date 

14 of enactment of this Act. 

15 (2) AUTOMATED LICENSING SYSTEM.— 


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1 (A) IN GENERAL.—The term ‘‘automated 

2 licensing system’’ means an electronic, comput3 erized licensing system used by a State fish and 

4 wildlife agency to issue hunting, fishing, and 

5 other associated licenses and products. 

6 (B) INCLUSION.—The term ‘‘automated li7 censing system’’ includes a point-of-sale, Inter8 net, telephonic system, or other electronic appli9 cations used for a purpose described in sub10 paragraph (A). 

11 (3) ELECTRONIC STAMP.—The term ‘‘electronic 

12 stamp’’ means an electronic version of an actual 

13 stamp that— 

14 (A) is a unique identifier for the individual 

15 to whom it is issued; 

16 (B) can be printed on paper or produced 

17 through an electronic application with the same 

18 indicators as the State endorsement provides; 

19 (C) is issued through a State automated li20 censing system that is authorized, under State 

21 law and by the Secretary under this section, to 

22 issue electronic stamps; 

23 (D) is compatible with the hunting licens24 ing system of the State that issues the elec25 tronic stamp; and 


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1 (E) is described in the State application 

2 approved by the Secretary under subsection 

3 (c)(3). 

4 (4) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

6 (b) AUTHORITY TO ISSUE ELECTRONIC DUCK

7 STAMPS.— 

8 (1) IN GENERAL.—The Secretary may author9 ize any State to issue electronic stamps in accord10 ance with this section. 

11 (2) CONSULTATION.—The Secretary shall im12 plement this section in consultation with State man13 agement agencies. 

14 (c) STATE APPLICATION.— 

15 (1) APPROVAL OF APPLICATION REQUIRED.— 

16 The Secretary may not authorize a State to issue 

17 electronic stamps under this section unless the Sec18 retary has received and approved an application sub19 mitted by the State in accordance with this section. 

20 (2) NUMBER OF NEW STATES.—The Secretary 

21 may determine the number of new States per year 

22 to participate in the electronic stamp program. 

23 (3) CONTENTS OF APPLICATION.—The Sec24 retary may not approve a State application unless 

25 the application contains— 


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1 (A) a description of the format of the elec2 tronic stamp that the State will issue under this 

3 section, including identifying features of the li4 censee that will be specified on the stamp; 

5 (B) a description of any fee the State will 

6 charge for issuance of an electronic stamp; 

7 (C) a description of the process the State 

8 will use to account for and transfer to the Sec9 retary the amounts collected by the State that 

10 are required to be transferred to the Secretary 

11 under the program; 

12 (D) the manner by which the State will 

13 transmit electronic stamp customer data to the 

14 Secretary; 

15 (E) the manner by which actual stamps 

16 will be delivered; 

17 (F) the policies and procedures under 

18 which the State will issue duplicate electronic 

19 stamps; and 

20 (G) such other policies, procedures, and in21 formation as may be reasonably required by the 

22 Secretary. 

23 (4) PUBLICATION OF DEADLINES, ELIGIBILITY

24 REQUIREMENTS, AND SELECTION CRITERIA.—Not 

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1 retary begins accepting applications under this sec2 tion, the Secretary shall publish— 

3 (A) deadlines for submission of applica4 tions; 

5 (B) eligibility requirements for submitting 

6 applications; and 

7 (C) criteria for approving applications. 

8 (d) STATE OBLIGATIONS AND AUTHORITIES.— 

9 (1) DELIVERY OF ACTUAL STAMP.—The Sec10 retary shall require that each individual to whom a 

11 State sells an electronic stamp under this section 

12 shall receive an actual stamp— 

13 (A) by not later than the date on which 

14 the electronic stamp expires under subsection 

15 (e)(3); and 

16 (B) in a manner agreed upon by the State 

17 and Secretary. 

18 (2) COLLECTION AND TRANSFER OF ELEC19 TRONIC STAMP REVENUE AND CUSTOMER INFORMA20 TION.— 

21 (A) REQUIREMENT TO TRANSMIT.—The 

22 Secretary shall require each State authorized to 

23 issue electronic stamps to collect and submit to 

24 the Secretary in accordance with this sub25 section— 


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1 (i) the first name, last name, and 

2 complete mailing address of each individual 

3 that purchases an electronic stamp from 

4 the State; 

5 (ii) the face value amount of each 

6 electronic stamp sold by the State; and 

7 (iii) the amount of the Federal por8 tion of any fee required by the agreement 

9 for each stamp sold. 

10 (B) TIME OF TRANSMITTAL.—The Sec11 retary shall require the submission under sub12 paragraph (A) to be made with respect to sales 

13 of electronic stamps by a State according to the 

14 written agreement between the Secretary and 

15 the State agency. 

16 (C) ADDITIONAL FEES NOT AFFECTED.— 

17 This section shall not apply to the State portion 

18 of any fee collected by a State under paragraph 

19 (3). 

20 (3) ELECTRONIC STAMP ISSUANCE FEE.—A 

21 State authorized to issue electronic stamps may 

22 charge a reasonable fee to cover costs incurred by 

23 the State and the Department of the Interior in 

24 issuing electronic stamps under this section, includ25 ing costs of delivery of actual stamps. 


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1 (4) DUPLICATE ELECTRONIC STAMPS.—A State 

2 authorized to issue electronic stamps may issue a 

3 duplicate electronic stamp to replace an electronic 

4 stamp issued by the State that is lost or damaged. 

5 (5) LIMITATION ON AUTHORITY TO REQUIRE

6 PURCHASE OF STATE LICENSE.—A State may not 

7 require that an individual purchase a State hunting 

8 license as a condition of issuing an electronic stamp 

9 under this section. 

10 (e) ELECTRONIC STAMP REQUIREMENTS; RECOGNI11 TION OF ELECTRONIC STAMP.— 

12 (1) STAMP REQUIREMENTS.—The Secretary 

13 shall require an electronic stamp issued by a State 

14 under this section— 

15 (A) to have the same format as any other 

16 license, validation, or privilege the State issues 

17 under the automated licensing system of the 

18 State; and 

19 (B) to specify identifying features of the li20 censee that are adequate to enable Federal, 

21 State, and other law enforcement officers to 

22 identify the holder. 

23 (2) RECOGNITION OF ELECTRONIC STAMP.— 

24 Any electronic stamp issued by a State under this 


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1 section shall, during the effective period of the elec2 tronic stamp— 

3 (A) bestow upon the licensee the same 

4 privileges as are bestowed by an actual stamp; 

5 (B) be recognized nationally as a valid 

6 Federal migratory bird hunting and conserva7 tion stamp; and 

8 (C) authorize the licensee to hunt migra9 tory waterfowl in any other State, in accordance 

10 with the laws of the other State governing that 

11 hunting. 

12 (3) DURATION.—An electronic stamp issued by 

13 a State shall be valid for a period agreed to by the 

14 State and the Secretary, which shall not exceed 45 

15 days. 

16 (f) TERMINATION OF STATE PARTICIPATION.—The 

17 authority of a State to issue electronic stamps under this 

18 section may be terminated— 

19 (1) by the Secretary, if the Secretary— 

20 (A) finds that the State has violated any of 

21 the terms of the application of the State ap22 proved by the Secretary under subsection (c); 

23 and 


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1 (B) provides to the State written notice of 

2 the termination by not later than the date that 

3 is 30 days before the date of termination; or 

4 (2) by the State, by providing written notice to 

5 the Secretary by not later than the date that is 30 

6 days before the termination date. 

7 SEC. 102. MODIFICATION OF DEFINITION OF SPORT FISH8 ING EQUIPMENT UNDER THE TOXIC SUB9 STANCES CONTROL ACT. 

10 Section 3(2)(B) of the Toxic Substances Control Act 

11 (15 U.S.C. 2602(2)(B)) is amended— 

12 (1) in clause (v), by striking ‘‘, and’’ and insert13 ing ‘‘, or any component of any such article includ14 ing, without limitation, shot, bullets and other pro15 jectiles, propellants, and primers,’’; 

16 (2) in clause (vi) by striking the period at the 

17 end and inserting ‘‘, and’’; and 

18 (3) by inserting after clause (vi) the following: 

19 ‘‘(vii) any sport fishing equipment (as such 

20 term is defined in subparagraph (a) of section 4162 

21 of the Internal Revenue Code of 1986) the sale of 

22 which is subject to the tax imposed by section 

23 4161(a) of such Code (determined without regard to 

24 any exemptions from such tax as provided by section 


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1 4162 or 4221 or any other provision of such Code), 

2 and sport fishing equipment components.’’. 

3 SEC. 103. TARGET PRACTICE AND MARKSMANSHIP. 

4 (a) FINDINGS; PURPOSE.— 

5 (1) FINDINGS.—Congress finds that— 

6 (A) the use of firearms and archery equip7 ment for target practice and marksmanship 

8 training activities on Federal land is allowed, 

9 except to the extent specific portions of that 

10 land have been closed to those activities; 

11 (B) in recent years preceding the date of 

12 enactment of this Act, portions of Federal land 

13 have been closed to target practice and marks14 manship training for many reasons; 

15 (C) the availability of public target ranges 

16 on non-Federal land has been declining for a 

17 variety of reasons, including continued popu18 lation growth and development near former 

19 ranges; 

20 (D) providing opportunities for target 

21 practice and marksmanship training at public 

22 target ranges on Federal and non-Federal land 

23 can help— 

24 (i) to promote enjoyment of shooting, 

25 recreational, and hunting activities; and 


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1 (ii) to ensure safe and convenient lo2 cations for those activities; 

3 (E) Federal law in effect on the date of en4 actment of this Act, including the Pittman-Rob5 ertson Wildlife Restoration Act (16 U.S.C. 669 

6 et seq.), provides Federal support for construc7 tion and expansion of public target ranges by 

8 making available to States amounts that may 

9 be used for construction, operation, and mainte10 nance of public target ranges; and 

11 (F) it is in the public interest to provide 

12 increased Federal support to facilitate the con13 struction or expansion of public target ranges. 

14 (2) PURPOSE.—The purpose of this section is 

15 to facilitate the construction and expansion of public 

16 target ranges, including ranges on Federal land 

17 managed by the Forest Service and the Bureau of 

18 Land Management. 

19 (b) DEFINITION OF PUBLIC TARGET RANGE.—In 

20 this section, the term ‘‘public target range’’ means a spe21 cific location that— 

22 (1) is identified by a governmental agency for 

23 recreational shooting; 

24 (2) is open to the public; 

25 (3) may be supervised; and 


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1 (4) may accommodate archery or rifle, pistol, or 

2 shotgun shooting. 

3 (c) AMENDMENTS TO PITTMAN-ROBERTSON WILD4 LIFE RESTORATION ACT.— 

5 (1) DEFINITIONS.—Section 2 of the Pittman6 Robertson Wildlife Restoration Act (16 U.S.C. 

7 669a) is amended— 

8 (A) by redesignating paragraphs (2) 

9 through (8) as paragraphs (3) through (9), re10 spectively; and 

11 (B) by inserting after paragraph (1) the 

12 following: 

13 ‘‘(2) the term ‘public target range’ means a 

14 specific location that— 

15 ‘‘(A) is identified by a governmental agen16 cy for recreational shooting; 

17 ‘‘(B) is open to the public; 

18 ‘‘(C) may be supervised; and 

19 ‘‘(D) may accommodate archery or rifle, 

20 pistol, or shotgun shooting;’’. 

21 (2) EXPENDITURES FOR MANAGEMENT OF

22 WILDLIFE AREAS AND RESOURCES.—Section 8(b) of 

23 the Pittman-Robertson Wildlife Restoration Act (16 

24 U.S.C. 669g(b)) is amended— 


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1 (A) by striking ‘‘(b) Each State’’ and in2 serting the following: 

3 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD4 LIFE AREAS AND RESOURCES.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), each State’’; 

7 (B) in paragraph (1) (as so designated), by 

8 striking ‘‘construction, operation,’’ and insert9 ing ‘‘operation’’; 

10 (C) in the second sentence, by striking 

11 ‘‘The non-Federal share’’ and inserting the fol12 lowing: 

13 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 

14 share’’; 

15 (D) in the third sentence, by striking ‘‘The 

16 Secretary’’ and inserting the following: 

17 ‘‘(4) REGULATIONS.—The Secretary’’; and 

18 (E) by inserting after paragraph (1) (as 

19 designated by subparagraph (A)) the following: 

20 ‘‘(2) EXCEPTION.—Notwithstanding the limita21 tion described in paragraph (1), a State may pay up 

22 to 90 percent of the cost of acquiring land for, ex23 panding, or constructing a public target range.’’. 

24 (3) FIREARM AND BOW HUNTER EDUCATION

25 AND SAFETY PROGRAM GRANTS.—Section 10 of the 


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1 Pittman-Robertson Wildlife Restoration Act (16 

2 U.S.C. 669h–1) is amended— 

3 (A) in subsection (a), by adding at the end 

4 the following: 

5 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 

6 Of the amount apportioned to a State for any fiscal 

7 year under section 4(b), the State may elect to allo8 cate not more than 10 percent, to be combined with 

9 the amount apportioned to the State under para10 graph (1) for that fiscal year, for acquiring land for, 

11 expanding, or constructing a public target range.’’; 

12 (B) by striking subsection (b) and insert13 ing the following: 

14 ‘‘(b) COST SHARING.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), the Federal share of the cost of any activ17 ity carried out using a grant under this section shall 

18 not exceed 75 percent of the total cost of the activ19 ity. 

20 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

21 EXPANSION.—The Federal share of the cost of ac22 quiring land for, expanding, or constructing a public 

23 target range in a State on Federal or non-Federal 

24 land pursuant to this section or section 8(b) shall 


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1 not exceed 90 percent of the cost of the activity.’’; 

2 and 

3 (C) in subsection (c)(1)— 

4 (i) by striking ‘‘Amounts made’’ and 

5 inserting the following: 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), amounts made’’; and 

8 (ii) by adding at the end the fol9 lowing: 

10 ‘‘(B) EXCEPTION.—Amounts provided for 

11 acquiring land for, constructing, or expanding a 

12 public target range shall remain available for 

13 expenditure and obligation during the 5-fiscal14 year period beginning on October 1 of the first 

15 fiscal year for which the amounts are made 

16 available.’’. 

17 (d) SENSE OF CONGRESS REGARDING COOPERA18 TION.—It is the sense of Congress that, consistent with 

19 applicable laws (including regulations), the Chief of the 

20 Forest Service and the Director of the Bureau of Land 

21 Management should cooperate with State and local au22 thorities and other entities to carry out waste removal and 

23 other activities on any Federal land used as a public target 

24 range to encourage continued use of that land for target 

25 practice or marksmanship training. 


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1 SEC. 104. EXEMPTION FOR SUBSISTENCE USERS. 

2 Section 3(h)(2) of the Fish and Wildlife Improvement 

3 Act of 1978 (16 U.S.C. 712(1)) is amended by adding 

4 at the end the following: ‘‘A taking authorized under this 

5 section shall be exempt from the prohibition on taking 

6 under section 1 of the Migratory Bird Hunting and Con7 servation Stamp Act (16 U.S.C. 718a).’’. 

8 SEC. 105. PERMITS FOR IMPORTATION OF POLAR BEAR 

9 TROPHIES TAKEN IN SPORT HUNTS IN CAN10 ADA. 

11 Section 104(c)(5) of the Marine Mammal Protection 

12 Act of 1972 (16 U.S.C. 1374(c)(5)) is amended by strik13 ing subparagraph (D) and inserting the following: 

14 ‘‘(D) POLAR BEAR PARTS.— 

15 ‘‘(i) IN GENERAL.—Notwithstanding 

16 subparagraphs (A) and (C)(ii), subsection 

17 (d)(3), and sections 101 and 102, the Sec18 retary of the Interior shall, expeditiously 

19 after the date on which the expiration of 

20 the applicable 30-day period described in 

21 subsection (d)(2) expires, issue a permit 

22 for the importation of any polar bear part 

23 (other than an internal organ) from a 

24 polar bear taken in a sport hunt in Canada 

25 to any person— 


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1 ‘‘(I) who submits, with the per2 mit application, proof that the polar 

3 bear was legally harvested by the per4 son before February 18, 1997; or 

5 ‘‘(II) who submitted, with a per6 mit application submitted before May 

7 15, 2008, proof that the polar bear 

8 was legally harvested from a polar 

9 bear population from which a sport10 hunted trophy could be imported be11 fore May 15, 2008, in accordance 

12 with section 18.30(i) of title 50, Code 

13 of Federal Regulations (or a successor 

14 regulation) by the person before May 

15 15, 2008. 

16 ‘‘(ii) APPLICABILITY OF PROHIBITION

17 ON THE IMPORTATION OF A DEPLETED

18 SPECIES.— 

19 ‘‘(I) PARTS LEGALLY HARVESTED

20 BEFORE FEBRUARY 18, 1997.— 

21 ‘‘(aa) IN GENERAL.—Sec22 tions 101(a)(3)(B) and 102(b)(3) 

23 shall not apply to the importation 

24 of any polar bear part authorized 


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1 by a permit issued under clause 

2 (i)(I). 

3 ‘‘(bb) APPLICABILITY.— 

4 Item (aa) shall not apply to polar 

5 bear parts imported before June 

6 12, 1997. 

7 ‘‘(II) PARTS LEGALLY HAR8 VESTED BEFORE MAY 15, 2008.— 

9 ‘‘(aa) IN GENERAL.—Sec10 tions 101(a)(3)(B) and 102(b)(3) 

11 shall not apply to the importation 

12 of any polar bear part authorized 

13 by a permit issued under clause 

14 (i)(II). 

15 ‘‘(bb) APPLICABILITY.— 

16 Item (aa) shall not apply to polar 

17 bear parts imported before the 

18 date of enactment of the Bipar19 tisan Sportsmen’s Act of 2014.’’. 

20 SEC. 106. TAKING OF MIGRATORY GAME BIRDS. 

21 Section 3 of the Migratory Bird Treaty Act (16 

22 U.S.C. 704) is amended by adding at the end the fol23 lowing: 

24 ‘‘(c) EXEMPTIONS ON CERTAIN LAND.— 


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1 ‘‘(1) IN GENERAL.—Nothing in this section pro2 hibits the taking of any migratory game bird, includ3 ing waterfowl, coots, and cranes, on or over land 

4 that— 

5 ‘‘(A) is not a baited area; and 

6 ‘‘(B) contains— 

7 ‘‘(i) a standing crop or flooded stand8 ing crop, including an aquatic crop; 

9 ‘‘(ii) standing, flooded, or manipulated 

10 natural vegetation; 

11 ‘‘(iii) flooded harvested cropland; or 

12 ‘‘(iv) based on the determination of 

13 the applicable State office of the Coopera14 tive Extension System of the Department 

15 of Agriculture at the request of the Sec16 retary of the Interior— 

17 ‘‘(I) an area on which seed or 

18 grain has been scattered solely as the 

19 result of a normal agricultural plant20 ing, harvesting, post-harvest manipu21 lation, or normal soil stabilization 

22 practice; or 

23 ‘‘(II) land of an agricultural pro24 ducer on which a crop during the cur25 rent or immediately preceding crop 


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1 year was not harvestable due to a nat2 ural disaster (including any hurricane, 

3 storm, tornado, flood, high water, 

4 wind-driven water, tidal wave, tsu5 nami, earthquake, volcanic eruption, 

6 landslide, mudslide, drought, fire, 

7 snowstorm, or other catastrophe that 

8 is declared a major disaster by the 

9 President in accordance with section 

10 401 of the Robert T. Stafford Dis11 aster Relief and Emergency Assist12 ance Act (42 U.S.C. 5170)). 

13 ‘‘(2) DETERMINATIONS.— 

14 ‘‘(A) IN GENERAL.—For purposes of mak15 ing a determination under paragraph 

16 (1)(B)(iv)(I), each State office of the Coopera17 tive Extension System of the Department of 

18 Agriculture shall determine the activities in that 

19 State that the State office considers to be a 

20 normal agricultural practice in the State, such 

21 as mowing, shredding, discing, rolling, chop22 ping, trampling, flattening, burning, or carrying 

23 out herbicide treatment. 

24 ‘‘(B) NATURAL DISASTER.—For purposes 

25 of making a determination under paragraph 


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1 (1)(B)(iv)(II), each State office of the Coopera2 tive Extension Service of the Department of 

3 Agriculture shall determine that— 

4 ‘‘(i) the crop has been destroyed; and 

5 ‘‘(ii) it would not have been economi6 cally practicable to harvest the crop. 

7 ‘‘(C) REVISIONS.—A State office may re8 vise a report described in subparagraph (A) as 

9 the State office determines to be necessary to 

10 reflect changing agricultural practices.’’. 

11 SEC. 107. RECREATIONAL FISHING, HUNTING, AND REC12 REATIONAL SHOOTING ON FEDERAL PUBLIC 

13 LAND. 

14 (a) DEFINITIONS.—In this section: 

15 (1) FEDERAL PUBLIC LAND.— 

16 (A) IN GENERAL.—The term ‘‘Federal 

17 public land’’ means any land or water that is— 

18 (i) owned by the United States; and 

19 (ii) managed by a Federal agency (in20 cluding the Department of the Interior and 

21 the Forest Service) for purposes that in22 clude the conservation of natural resources. 

23 (B) EXCLUSIONS.—The term ‘‘Federal 

24 public land’’ does not include— 


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1 (i) land or water held or managed in 

2 trust for the benefit of Indian tribes or in3 dividual Indians; 

4 (ii) land or water managed by the Di5 rector of the National Park Service or the 

6 Director of the United States Fish and 

7 Wildlife Service; 

8 (iii) fish hatcheries; or 

9 (iv) conservation easements on private 

10 land. 

11 (2) HUNTING.— 

12 (A) IN GENERAL.—The term ‘‘hunting’’ 

13 means use of a firearm, bow, or other author14 ized means in the lawful— 

15 (i) pursuit, shooting, capture, collec16 tion, trapping, or killing of wildlife; or 

17 (ii) attempt to pursue, shoot, capture, 

18 collect, trap, or kill wildlife. 

19 (B) EXCLUSION.—The term ‘‘hunting’’ 

20 does not include the use of skilled volunteers to 

21 cull excess animals (as defined by Federal law 

22 (including regulations)). 

23 (3) RECREATIONAL FISHING.—The term ‘‘rec24 reational fishing’’ means— 


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1 (A) an activity for sport or pleasure that 

2 involves the lawful— 

3 (i) catching, taking, or harvesting of 

4 fish; or 

5 (ii) attempted catching, taking, or 

6 harvesting of fish; or 

7 (B) any other activity for sport or pleasure 

8 that can reasonably be expected to result in the 

9 lawful catching, taking, or harvesting of fish. 

10 (4) RECREATIONAL SHOOTING.—The term 

11 ‘‘recreational shooting’’ means any form of sport, 

12 training, competition, or pastime, whether formal or 

13 informal, that involves— 

14 (A) the discharge of a rifle, handgun, or 

15 shotgun; or 

16 (B) the use of a bow and arrow. 

17 (b) RECREATIONAL FISHING, HUNTING, AND REC18 REATIONAL SHOOTING.— 

19 (1) IN GENERAL.—Subject to valid existing 

20 rights, and in cooperation with the respective State 

21 fish and wildlife agency, a Federal public land man22 agement official shall exercise the authority of the 

23 official under existing law (including provisions re24 garding land use planning) to facilitate use of and 

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1 ing, hunting, and recreational shooting except as 

2 limited by— 

3 (A) any Federal law (including regula4 tions) that authorizes action or withholding ac5 tion for reasons of national security, public 

6 safety, or resource conservation; 

7 (B) any other Federal law (including regu8 lations) that precludes recreational fishing, 

9 hunting, or recreational shooting on specific 

10 Federal public land units of Federal public 

11 land, or water; and 

12 (C) discretionary limitations on rec13 reational fishing, hunting, and recreational 

14 shooting determined to be necessary and rea15 sonable, as supported by the best scientific evi16 dence and advanced through a transparent pub17 lic process. 

18 (2) MANAGEMENT.—Consistent with paragraph 

19 (1), the head of each Federal public land manage20 ment agency shall exercise the land management dis21 cretion of the head— 

22 (A) in a manner that supports and facili23 tates recreational fishing, hunting, and rec24 reational shooting opportunities; 


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1 (B) to the extent authorized under applica2 ble State law; and 

3 (C) in accordance with applicable Federal 

4 law. 

5 (3) PLANNING.— 

6 (A) EFFECTS OF PLANS AND ACTIVI7 TIES.— 

8 (i) EVALUATION OF EFFECTS ON OP9 PORTUNITIES TO ENGAGE IN REC10 REATIONAL FISHING, HUNTING, OR REC11 REATIONAL SHOOTING.—Federal public 

12 land planning documents (including land 

13 resources management plans, resource 

14 management plans, travel management 

15 plans, and energy development plans) shall 

16 include a specific evaluation of the effects 

17 of the plans on opportunities to engage in 

18 recreational fishing, hunting, or rec19 reational shooting. 

20 (ii) OTHER ACTIVITY NOT CONSID21 ERED.— 

22 (I) IN GENERAL.—Federal public 

23 land management officials shall not be 

24 required to consider the existence or 

25 availability of recreational fishing, 


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1 hunting, or recreational shooting op2 portunities on private or public land 

3 that is located adjacent to, or in the 

4 vicinity of, Federal public land for 

5 purposes of— 

6 (aa) planning for or deter7 mining which units of Federal 

8 public land are open for rec9 reational fishing, hunting, or rec10 reational shooting; or 

11 (bb) setting the levels of use 

12 for recreational fishing, hunting, 

13 or recreational shooting on Fed14 eral public land. 

15 (II) ENHANCED OPPORTUNI16 TIES.—Federal public land manage17 ment officials may consider the oppor18 tunities described in subclause (I) if 

19 the combination of those opportunities 

20 would enhance the recreational fish21 ing, hunting, or shooting opportunities 

22 available to the public. 

23 (B) USE OF VOLUNTEERS.—If hunting is 

24 prohibited by law, all Federal public land plan25 ning documents described in subparagraph 


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1 (A)(i) of an agency shall, after appropriate co2 ordination with State fish and wildlife agencies, 

3 allow the participation of skilled volunteers in 

4 the culling and other management of wildlife 

5 populations on Federal public land unless the 

6 head of the agency demonstrates, based on the 

7 best scientific data available or applicable Fed8 eral law, why skilled volunteers should not be 

9 used to control overpopulation of wildlife on the 

10 land that is the subject of the planning docu11 ment. 

12 (4) BUREAU OF LAND MANAGEMENT AND FOR13 EST SERVICE LAND.— 

14 (A) LAND OPEN.— 

15 (i) IN GENERAL.—Land under the ju16 risdiction of the Bureau of Land Manage17 ment or the Forest Service (including a 

18 component of the National Wilderness 

19 Preservation System, land designated as a 

20 wilderness study area or administratively 

21 classified as wilderness eligible or suitable, 

22 and primitive or semiprimitive areas, but 

23 excluding land on the outer Continental 

24 Shelf) shall be open to recreational fishing, 

25 hunting, and recreational shooting unless 


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1 the managing Federal public land agency 

2 acts to close the land to the activity. 

3 (ii) MOTORIZED ACCESS.—Nothing in 

4 this subparagraph authorizes or requires 

5 motorized access or the use of motorized 

6 vehicles for recreational fishing, hunting, 

7 or recreational shooting purposes within 

8 land designated as a wilderness study area 

9 or administratively classified as wilderness 

10 eligible or suitable. 

11 (B) CLOSURE OR RESTRICTION.—Land de12 scribed in subparagraph (A)(i) may be subject 

13 to closures or restrictions if determined by the 

14 head of the agency to be necessary and reason15 able and supported by facts and evidence for 

16 purposes including resource conservation, public 

17 safety, energy or mineral production, energy 

18 generation or transmission infrastructure, water 

19 supply facilities, protection of other permittees, 

20 protection of private property rights or inter21 ests, national security, or compliance with other 

22 law, as determined appropriate by the Director 

23 of the Bureau of Land Management or the 

24 Chief of the Forest Service, as applicable. 

25 (C) SHOOTING RANGES.— 


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1 (i) IN GENERAL.—Except as provided 

2 in clause (iii), the head of each Federal 

3 public land agency may use the authorities 

4 of the head, in a manner consistent with 

5 this section and other applicable law— 

6 (I) to lease or permit use of land 

7 under the jurisdiction of the head for 

8 shooting ranges; and 

9 (II) to designate specific land 

10 under the jurisdiction of the head for 

11 recreational shooting activities. 

12 (ii) LIMITATION ON LIABILITY.—Any 

13 designation under clause (i)(II) shall not 

14 subject the United States to any civil ac15 tion or claim for monetary damages for in16 jury or loss of property or personal injury 

17 or death caused by any recreational shoot18 ing activity occurring at or on the des19 ignated land. 

20 (iii) EXCEPTION.—The head of each 

21 Federal public land agency shall not lease 

22 or permit use of Federal public land for 

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1 ness Preservation System, land designated 

2 as a wilderness study area or administra3 tively classified as wilderness eligible or 

4 suitable, and primitive or semiprimitive 

5 areas. 

6 (5) REPORT.—Not later than October 1 of 

7 every other year, beginning with the second October 

8 1 after the date of enactment of this Act, the head 

9 of each Federal public land agency who has author10 ity to manage Federal public land on which rec11 reational fishing, hunting, or recreational shooting 

12 occurs shall submit to the Committee on Natural 

13 Resources of the House of Representatives and the 

14 Committee on Energy and Natural Resources of the 

15 Senate a report that describes— 

16 (A) any Federal public land administered 

17 by the agency head that was closed to rec18 reational fishing, hunting, or recreational shoot19 ing at any time during the preceding year; and 

20 (B) the reason for the closure. 

21 (6) CLOSURES OR SIGNIFICANT RESTRICTIONS

22 OF 1,280 OR MORE ACRES.— 

23 (A) IN GENERAL.—Other than closures es24 tablished or prescribed by land planning actions 

25 referred to in paragraph (4)(B) or emergency 


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1 closures described in subparagraph (C), a per2 manent or temporary withdrawal, change of 

3 classification, or change of management status 

4 of Federal public land or water that effectively 

5 closes or significantly restricts 1,280 or more 

6 contiguous acres of Federal public land or 

7 water to access or use for recreational fishing 

8 or hunting or activities relating to fishing or 

9 hunting shall take effect only if, before the date 

10 of withdrawal or change, the head of the Fed11 eral public land agency that has jurisdiction 

12 over the Federal public land or water— 

13 (i) publishes appropriate notice of the 

14 withdrawal or change, respectively; 

15 (ii) demonstrates that coordination 

16 has occurred with a State fish and wildlife 

17 agency; and 

18 (iii) submits to the Committee on 

19 Natural Resources of the House of Rep20 resentatives and the Committee on Energy 

21 and Natural Resources of the Senate writ22 ten notice of the withdrawal or change, re23 spectively. 

24 (B) AGGREGATE OR CUMULATIVE EF25 FECTS.—If the aggregate or cumulative effect 


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1 of separate withdrawals or changes effectively 

2 closes or significantly restricts or affects 1,280 

3 or more acres of land or water, the withdrawals 

4 and changes shall be treated as a single with5 drawal or change for purposes of subparagraph 

6 (A). 

7 (C) EMERGENCY CLOSURES.— 

8 (i) IN GENERAL.—Nothing in this sec9 tion prohibits a Federal public land man10 agement agency from establishing or im11 plementing emergency closures or restric12 tions of the smallest practicable area of 

13 Federal public land to provide for public 

14 safety, resource conservation, national se15 curity, or other purposes authorized by 

16 law. 

17 (ii) TERMINATION.—An emergency 

18 closure under clause (i) shall terminate 

19 after a reasonable period of time unless the 

20 temporary closure is converted to a perma21 nent closure consistent with this section. 

22 (7) NO PRIORITY.—Nothing in this section re23 quires a Federal agency to give preference to rec24 reational fishing, hunting, or recreational shooting 

25 over other uses of Federal public land or over land 


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1 or water management priorities established by other 

2 Federal law. 

3 (8) CONSULTATION WITH COUNCILS.—In car4 rying out this section, the heads of Federal public 

5 land agencies shall consult with the appropriate ad6 visory councils established under Executive Order 

7 12962 (16 U.S.C. 1801 note; relating to recreational 

8 fisheries) and Executive Order 13443 (16 U.S.C. 

9 661 note; relating to facilitation of hunting heritage 

10 and wildlife conservation). 

11 (9) AUTHORITY OF STATES.— 

12 (A) IN GENERAL.—Nothing in this section 

13 interferes with, diminishes, or conflicts with the 

14 authority, jurisdiction, or responsibility of any 

15 State to manage, control, or regulate fish and 

16 wildlife under State law (including regulations) 

17 on land or water within the State, including on 

18 Federal public land. 

19 (B) FEDERAL LICENSES.— 

20 (i) IN GENERAL.—Except as provided 

21 in clause (ii), nothing in this subsection 

22 authorizes the head of a Federal public 

23 land agency head to require a license, fee, 

24 or permit to fish, hunt, or trap on land or 


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1 water in a State, including on Federal pub2 lic land in the State. 

3 (ii) MIGRATORY BIRD STAMPS.—Noth4 ing in this subparagraph affects any mi5 gratory bird stamp requirement of the Act 

6 of March 16, 1934 (16 U.S.C. 718a et 

7 seq.)(popularly known as the ‘‘Duck Stamp 

8 Act’’). 

9 SEC. 108. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 

10 5 PERSONS OR FEWER. 

11 (a) PURPOSE.—The purpose of this section is to pro12 vide commercial film crews of 5 persons or fewer access 

13 to film in areas designated for public use during public 

14 hours on Federal land and waterways. 

15 (b) SPECIAL RULES.—Section 1(a) of Public Law 

16 106–206 (16 U.S.C. 460l–6d(a)) is amended— 

17 (1) by redesignating paragraphs (1), (2), and 

18 (3) as subparagraphs (A), (B), and (C), respectively, 

19 and indenting appropriately; 

20 (2) in the first sentence, by striking ‘‘The Sec21 retary of the Interior’’ and inserting the following: 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (4), the Secretary of the Interior’’; 

24 (3) in the second sentence, by striking ‘‘Such 

25 fee’’ and inserting the following: 


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1 ‘‘(2) CRITERIA.—The fee established under 

2 paragraph (1)’’; 

3 (4) in the third sentence, by striking ‘‘The Sec4 retary may’’ and inserting the following: 

5 ‘‘(3) OTHER CONSIDERATIONS.—The Secretary 

6 may’’; and 

7 (5) by adding at the end the following: 

8 ‘‘(4) SPECIAL RULES FOR FILM CREWS OF 5

9 PERSONS OR FEWER.— 

10 ‘‘(A) DEFINITION OF FILM CREW.—In this 

11 paragraph, the term ‘film crew’ means any per12 sons present on Federal land or waterways 

13 under the jurisdiction of the Secretary who are 

14 associated with the production of a film. 

15 ‘‘(B) REQUIRED PERMIT AND FEE.—For 

16 any film crew of 5 persons or fewer, the Sec17 retary shall require a permit and assess an an18 nual fee of $200 for commercial filming activi19 ties or similar projects on Federal land and wa20 terways administered by the Secretary. 

21 ‘‘(C) COMMERCIAL FILMING ACTIVITIES.— 

22 A permit issued under subparagraph (B) shall 

23 be valid for commercial filming activities or 

24 similar projects that occur in areas designated 

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1 eral land and waterways administered by the 

2 Secretary for a 1-year period beginning on the 

3 date of issuance of the permit. 

4 ‘‘(D) NO ADDITIONAL FEES.—For persons 

5 holding a permit issued under this paragraph, 

6 during the effective period of the permit, the 

7 Secretary shall not assess any fees in addition 

8 to the fee assessed under subparagraph (B). 

9 ‘‘(E) USE OF CAMERAS.—The Secretary 

10 shall not prohibit, as a mechanized apparatus 

11 or under any other purposes, use of cameras or 

12 related equipment used for the purpose of com13 mercial filming activities or similar projects in 

14 accordance with this paragraph on Federal land 

15 and waterways administered by the Secretary. 

16 ‘‘(F) NOTIFICATION REQUIRED.—A film 

17 crew of 5 persons or fewer subject to a permit 

18 issued under this paragraph shall notify the ap19 plicable land management agency with jurisdic20 tion over the Federal land at least 48 hours be21 fore entering the Federal land. 

22 ‘‘(G) DENIAL OF ACCESS.—The head of 

23 the applicable land management agency may 

24 deny access to a film crew under this paragraph 

25 if— 


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1 ‘‘(i) there is a likelihood of resource 

2 damage that cannot be mitigated; 

3 ‘‘(ii) there would be an unreasonable 

4 disruption of the use and enjoyment of the 

5 site by the public; 

6 ‘‘(iii) the activity poses health or safe7 ty risks to the public; or 

8 ‘‘(iv) the filming includes the use of 

9 models or props that are not part of the 

10 natural or cultural resources or adminis11 trative facilities of the Federal land.’’. 

12 (c) RECOVERY OF COSTS.—Section 1(b) of Public 

13 Law 106–206 (16 U.S.C. 460l–6d(b)) is amended in the 

14 first sentence— 

15 (1) by striking ‘‘collect any costs’’ and inserting 

16 ‘‘recover any costs’’; and 

17 (2) by striking ‘‘similar project’’ and inserting 

18 ‘‘similar projects’’. 


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1 TITLE II—HABITAT 

2 CONSERVATION 

3 SEC. 201. AVAILABILITY OF LAND AND WATER CONSERVA4 TION FUND FOR RECREATIONAL PUBLIC AC5 CESS PROJECTS. 

6 (a) AVAILABILITY OF FUNDS.—Section 3 of the Land 

7 and Water Conservation Fund Act of 1965 (16 U.S.C. 

8 460l–6) is amended to read as follows: 

9 ‘‘SEC. 3. AVAILABILITY OF FUNDS FOR CERTAIN PROJECTS. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of this Act, the Secretary of the Interior and the 

12 Secretary of Agriculture shall ensure that, of the amounts 

13 requested for the fund for each fiscal year, not less than 

14 the greater of 1.5 percent of the amounts or $10,000,000 

15 shall be made available for projects identified on the pri16 ority list developed under subsection (b). 

17 ‘‘(b) PRIORITY LIST.—The Secretary of the Interior 

18 and the Secretary of Agriculture, in consultation with the 

19 head of each affected Federal agency, shall annually de20 velop a priority list for the sites under the jurisdiction of 

21 the applicable Secretary. 

22 ‘‘(c) CRITERIA.—Projects identified on the priority 

23 list developed under subsection (b) shall secure rec24 reational public access to Federal public land in existence 

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1 cantly restricted access for hunting, fishing, and other rec2 reational purposes through rights-of-way or acquisition of 

3 land (or any interest in land) from willing sellers.’’. 

4 (b) CONFORMING AMENDMENTS.—The Land and 

5 Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

6 4 et seq.) is amended— 

7 (1) in the proviso at the end of section 2(c)(2) 

8 (16 U.S.C. 460l–5(c)(2)), by striking ‘‘notwith9 standing the provisions of section 3 of this Act’’; 

10 (2) in the first sentence of section 9 (16 U.S.C. 

11 460l–10a), by striking ‘‘by section 3 of this Act’’; 

12 and 

13 (3) in the third sentence of section 10 (16 

14 U.S.C. 460l–10b), by striking ‘‘by section 3 of this 

15 Act’’. 

16 SEC. 202. FEDERAL LAND TRANSACTION FACILITATION 

17 ACT. 

18 (a) IN GENERAL.—The Federal Land Transaction 

19 Facilitation Act is amended— 

20 (1) in section 203(2) (43 U.S.C. 2302(2)), by 

21 striking ‘‘on the date of enactment of this Act was’’ 

22 and inserting ‘‘is’’; 

23 (2) in section 205 (43 U.S.C. 2304)— 


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1 (A) in subsection (a), by striking ‘‘(as in 

2 effect on the date of enactment of this Act)’’; 

3 and 

4 (B) by striking subsection (d); 

5 (3) in section 206 (43 U.S.C. 2305), by striking 

6 subsection (f); and 

7 (4) in section 207(b) (43 U.S.C. 2306(b))— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘96–568’’ and insert10 ing ‘‘96–586’’; and 

11 (ii) by striking ‘‘; or’’ and inserting a 

12 semicolon; 

13 (B) in paragraph (2)— 

14 (i) by inserting ‘‘Public Law 105– 

15 263;’’ before ‘‘112 Stat.’’; and 

16 (ii) by striking the period at the end 

17 and inserting a semicolon; and 

18 (C) by adding at the end the following: 

19 ‘‘(3) the White Pine County Conservation, 

20 Recreation, and Development Act of 2006 (Public 

21 Law 109–432; 120 Stat. 3028); 

22 ‘‘(4) the Lincoln County Conservation, Recre23 ation, and Development Act of 2004 (Public Law 

24 108–424; 118 Stat. 2403); 


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1 ‘‘(5) subtitle F of title I of the Omnibus Public 

2 Land Management Act of 2009 (16 U.S.C. 1132 

3 note; Public Law 111–11); 

4 ‘‘(6) subtitle O of title I of the Omnibus Public 

5 Land Management Act of 2009 (16 U.S.C. 460www 

6 note, 1132 note; Public Law 111–11); 

7 ‘‘(7) section 2601 of the Omnibus Public Land 

8 Management Act of 2009 (Public Law 111–11; 123 

9 Stat. 1108); or 

10 ‘‘(8) section 2606 of the Omnibus Public Land 

11 Management Act of 2009 (Public Law 111–11; 123 

12 Stat. 1121).’’. 

13 (b) DEFICIT REDUCTION.—Of the amounts deposited 

14 in the Federal Land Disposal Account, there shall be 

15 transferred to the Treasury and used for Federal budget 

16 deficit reduction, $1,000,000 for each of fiscal years 2014 

17 through 2023. 

18 SEC. 203. NORTH AMERICAN WETLANDS CONSERVATION 

19 ACT. 

20 Section 7(c) of the North American Wetlands Con21 servation Act (16 U.S.C. 4406(c)) is amended— 

22 (1) in paragraph (4), by striking ‘‘and’’; 

23 (2) in paragraph (5), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(6) $50,000,000 for each of fiscal years 2014 

2 through 2019.’’. 

3 SEC. 204. NATIONAL FISH AND WILDLIFE FOUNDATION ES4 TABLISHMENT ACT. 

5 (a) BOARD OF DIRECTORS OF THE FOUNDATION.— 

6 (1) IN GENERAL.—Section 3 of the National 

7 Fish and Wildlife Foundation Establishment Act (16 

8 U.S.C. 3702) is amended— 

9 (A) in subsection (b)— 

10 (i) by striking paragraph (2) and in11 serting the following: 

12 ‘‘(2) IN GENERAL.—After consulting with the 

13 Secretary of Commerce and considering the rec14 ommendations submitted by the Board, the Sec15 retary of the Interior shall appoint 28 Directors 

16 who, to the maximum extent practicable, shall— 

17 ‘‘(A) be knowledgeable and experienced in 

18 matters relating to the conservation of fish, 

19 wildlife, or other natural resources; and 

20 ‘‘(B) represent a balance of expertise in 

21 ocean, coastal, freshwater, and terrestrial re22 source conservation.’’; and 

23 (ii) by striking paragraph (3) and in24 serting the following: 


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1 ‘‘(3) TERMS.—Each Director (other than a Di2 rector described in paragraph (1)) shall be appointed 

3 for a term of 6 years.’’; and 

4 (B) in subsection (g)(2)— 

5 (i) in subparagraph (A), by striking 

6 ‘‘(A) Officers and employees may not be 

7 appointed until the Foundation has suffi8 cient funds to pay them for their service. 

9 Officers’’ and inserting the following: 

10 ‘‘(A) IN GENERAL.—Officers’’; and 

11 (ii) by striking subparagraph (B) and 

12 inserting the following: 

13 ‘‘(B) EXECUTIVE DIRECTOR.—The Foun14 dation shall have an Executive Director who 

15 shall be— 

16 ‘‘(i) appointed by, and serve at the di17 rection of, the Board as the chief executive 

18 officer of the Foundation; and 

19 ‘‘(ii) knowledgeable and experienced in 

20 matters relating to fish and wildlife con21 servation.’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 4(a)(1)(B) of the North American Wetlands Con24 servation Act (16 U.S.C. 4403(a)(1)(B)) is amended 


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1 by striking ‘‘Secretary of the Board’’ and inserting 

2 ‘‘Executive Director of the Board’’. 

3 (b) RIGHTS AND OBLIGATIONS OF THE FOUNDA4 TION.—Section 4 of the National Fish and Wildlife Foun5 dation Establishment Act (16 U.S.C. 3703) is amended— 

6 (1) in subsection (c)— 

7 (A) by striking ‘‘(c) POWERS.—To carry 

8 out its purposes under’’ and inserting the fol9 lowing: 

10 ‘‘(c) POWERS.— 

11 ‘‘(1) IN GENERAL.—To carry out the purposes 

12 described in’’; 

13 (B) by redesignating paragraphs (1) 

14 through (11) as subparagraphs (A) through 

15 (K), respectively, and indenting appropriately; 

16 (C) in subparagraph (D) (as redesignated 

17 by subparagraph (B)), by striking ‘‘that are in18 sured by an agency or instrumentality of the 

19 United States’’ and inserting ‘‘at 1 or more fi20 nancial institutions that are members of the 

21 Federal Deposit Insurance Corporation or the 

22 Securities Investment Protection Corporation’’; 

23 (D) in subparagraph (E) (as redesignated 

24 by subparagraph (B)), by striking ‘‘paragraph 


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1 (3) or (4)’’ and inserting ‘‘subparagraph (C) or 

2 (D)’’; 

3 (E) in subparagraph (J) (as redesignated 

4 by subparagraph (B)), by striking ‘‘; and’’ and 

5 inserting a semicolon; 

6 (F) by striking subparagraph (K) (as re7 designated by subparagraph (B)) and inserting 

8 the following: 

9 ‘‘(K) to receive and administer restitution 

10 and community service payments, amounts for 

11 mitigation of impacts to natural resources, and 

12 other amounts arising from legal, regulatory, or 

13 administrative proceedings, subject to the con14 dition that the amounts are received or admin15 istered for purposes that further the conserva16 tion and management of fish, wildlife, plants, 

17 and other natural resources; and 

18 ‘‘(L) to do acts necessary to carry out the 

19 purposes of the Foundation.’’; and 

20 (G) by striking the undesignated matter at 

21 the end and inserting the following: 

22 ‘‘(2) TREATMENT OF REAL PROPERTY.— 

23 ‘‘(A) IN GENERAL.—For purposes of this 

24 Act, an interest in real property shall be treated 

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1 ervation, conservation, protection, or enhance2 ment by and for the public of natural, scenic, 

3 historic, scientific, educational, inspirational, or 

4 recreational resources. 

5 ‘‘(B) ENCUMBERED REAL PROPERTY.—A 

6 gift, devise, or bequest may be accepted by the 

7 Foundation even though the gift, devise, or be8 quest is encumbered, restricted, or subject to 

9 beneficial interests of private persons if any 

10 current or future interest in the gift, devise, or 

11 bequest is for the benefit of the Foundation. 

12 ‘‘(3) SAVINGS CLAUSE.—The acceptance and 

13 administration of amounts by the Foundation under 

14 paragraph (1)(K) does not alter, supersede, or limit 

15 any regulatory or statutory requirement associated 

16 with those amounts.’’; 

17 (2) by striking subsections (f) and (g); and 

18 (3) by redesignating subsections (h) and (i) as 

19 subsections (f) and (g), respectively. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 10 of the National Fish and Wildlife Foundation Estab22 lishment Act (16 U.S.C. 3709) is amended— 

23 (1) in subsection (a), by striking paragraph (1) 

24 and inserting the following: 


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1 ‘‘(1) IN GENERAL.—There are authorized to be 

2 appropriated to carry out this Act for each of fiscal 

3 years 2014 through 2019— 

4 ‘‘(A) $15,000,000 to the Secretary of the 

5 Interior; 

6 ‘‘(B) $5,000,000 to the Secretary of Agri7 culture; and 

8 ‘‘(C) $5,000,000 to the Secretary of Com9 merce.’’; 

10 (2) in subsection (b)— 

11 (A) by striking paragraph (1) and insert12 ing the following: 

13 ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— 

14 ‘‘(A) IN GENERAL.—In addition to the 

15 amounts authorized to be appropriated under 

16 subsection (a), Federal departments, agencies, 

17 or instrumentalities may provide Federal funds 

18 to the Foundation, subject to the condition that 

19 the amounts are used for purposes that further 

20 the conservation and management of fish, wild21 life, plants, and other natural resources in ac22 cordance with this Act. 

23 ‘‘(B) ADVANCES.—Federal departments, 

24 agencies, or instrumentalities may advance 

25 amounts described in subparagraph (A) to the 


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1 Foundation in a lump sum without regard to 

2 when the expenses for which the amounts are 

3 used are incurred. 

4 ‘‘(C) MANAGEMENT FEES.—The Founda5 tion may assess and collect fees for the manage6 ment of amounts received under this para7 graph.’’; 

8 (B) in paragraph (2)— 

9 (i) in the paragraph heading, by strik10 ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 

11 (ii) by striking ‘‘shall be used’’ and in12 serting ‘‘may be used’’; and 

13 (iii) by striking ‘‘and State and local 

14 government agencies’’ and inserting ‘‘, 

15 State and local government agencies, and 

16 other entities’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(3) ADMINISTRATION OF AMOUNTS.— 

19 ‘‘(A) IN GENERAL.—In entering into con20 tracts, agreements, or other partnerships pursu21 ant to this Act, a Federal department, agency, 

22 or instrumentality shall have discretion to waive 

23 any competitive process applicable to the de24 partment, agency, or instrumentality for enter25 ing into contracts, agreements, or partnerships 


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50 

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1 with the Foundation if the purpose of the waiv2 er is— 

3 ‘‘(i) to address an environmental 

4 emergency resulting from a natural or 

5 other disaster; or 

6 ‘‘(ii) as determined by the head of the 

7 applicable Federal department, agency, or 

8 instrumentality, to reduce administrative 

9 expenses and expedite the conservation and 

10 management of fish, wildlife, plants, and 

11 other natural resources. 

12 ‘‘(B) REPORTS.—The Foundation shall in13 clude in the annual report submitted under sec14 tion 7(b) a description of any use of the author15 ity under subparagraph (A) by a Federal de16 partment, agency, or instrumentality in that fis17 cal year.’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF

20 MONEY OR OTHER PROPERTY.—Any gifts, devises, or be21 quests of amounts or other property, or any other amounts 

22 or other property, transferred to, deposited with, or other23 wise in the possession of the Foundation pursuant to this 

24 Act, may be made available by the Foundation to Federal 

25 departments, agencies, or instrumentalities and may be 


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51 

•S 1996 PCS

1 accepted and expended (or the disposition of the amounts 

2 or property directed), without further appropriation, by 

3 those Federal departments, agencies, or instrumentalities, 

4 subject to the condition that the amounts or property be 

5 used for purposes that further the conservation and man6 agement of fish, wildlife, plants, and other natural re7 sources.’’. 

8 (d) LIMITATION ON AUTHORITY.—Section 11 of the 

9 National Fish and Wildlife Foundation Establishment Act 

10 (16 U.S.C. 3710) is amended by inserting ‘‘exclusive’’ be11 fore ‘‘authority’’. 


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Calendar No. 304 

113TH CONGRESS 

2D SESSION S. 1996 

A BILL 

To protect and enhance opportunities for recother purposes. reational hunting, fishing, and shooting, and for 

FEBRUARY 6, 2014 

Read the second time and placed on the calendar 


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