I 

114TH CONGRESS 

1ST SESSION H. R. 3173 

To promote conservation for the purpose of enhancing hunting, fishing and 

other outdoor recreational opportunities. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2015 

Mr. WALZ (for himself, Mr. WITTMAN, Mr. GENE GREEN of Texas, Mr. DUNCAN of South Carolina, Mr. THOMPSON of Mississippi, Mr. THOMPSON

of California, and Mr. KIND) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To promote conservation for the purpose of enhancing 

hunting, fishing and other outdoor recreational opportunities. 

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. 

4 This Act may be cited as the ‘‘Sportsmen’s Conserva5 tion and Outdoor Recreation Enhancement Act’’. 

6 SEC. 2. SENSE OF CONGRESS REGARDING NATIONAL FISH 

7 HABITAT INITIATIVE. 

8 It is the sense of Congress that— 


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1 (1) the mission of the National Fish Habitat 

2 Initiative is to protect, restore, and enhance the Na3 tion’s fish populations through partnerships that fos4 ter fish habitat conservation and improve the quality 

5 of life for the American people; 

6 (2) the national network of Fish Habitat Part7 nerships established under the National Fish Habi8 tat Initiative— 

9 (A) promotes intact and healthy fish habi10 tats; 

11 (B) encourages community-based projects 

12 with a goal of ensuring a broad diversity of fish 

13 and fish populations; and 

14 (C) supports the economic significance of 

15 fish habitat resources and the recreational, sub16 sistence, and commercial fishing linked to these 

17 resources in the United States; and 

18 (3) the enactment by Congress of implementing 

19 legislation for the National Fish Habitat Initiative 

20 would ensure continued Federal support for the on21 going activities of the National Fish Habitat Part22 nerships. 


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1 SEC. 3. FEDERAL LAND TRANSACTION FACILITATION ACT 

2 REAUTHORIZATION. 

3 The Federal Land Transaction Facilitation Act is 

4 amended— 

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

6 striking ‘‘cultural, or’’ and inserting ‘‘cultural, rec7 reational access and use, or other’’; 

8 (2) in section 203(2) in the matter preceding 

9 subparagraph (A), by striking ‘‘on the date of enact10 ment of this Act was’’ and inserting ‘‘is’’; 

11 (3) in section 205 (43 U.S.C. 2304)— 

12 (A) in subsection (a), by striking ‘‘section 

13 206’’ and all that follows through the period 

14 and inserting the following: ‘‘section 206— 

15 ‘‘(1) to complete appraisals and satisfy other 

16 legal requirements for the sale or exchange of public 

17 land identified for disposal under approved land use 

18 plans under section 202 of the Federal Land Policy 

19 and Management Act of 1976 (43 U.S.C. 1712); 

20 ‘‘(2) not later than 180 days after the date of 

21 the enactment of the Federal Land Transaction Fa22 cilitation Act Reauthorization of 2015, to establish 

23 and make available to the public, on the website of 

24 the Department of the Interior, a database con25 taining a comprehensive list of all the land referred 

26 to in paragraph (1); and 


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1 ‘‘(3) to maintain the database referred to in 

2 paragraph (2).’’; and 

3 (B) in subsection (d), by striking ‘‘11’’ and 

4 inserting ‘‘22’’; 

5 (4) in section 206(c)(2) (43 U.S.C. 2305(c)(2)), 

6 by adding at the end the following: 

7 ‘‘(E) Any funds made available under sub8 paragraph (D) that are not obligated or ex9 pended by the end of the fourth full fiscal year 

10 after the date of the sale or exchange of land 

11 that generated the funds may be expended in 

12 any State.’’; 

13 (5) in section 206(c)(3) (43 U.S.C. 

14 2305(c)(3))— 

15 (A) by inserting after subparagraph (A) 

16 the following: 

17 ‘‘(B) the extent to which the acquisition of 

18 the land or interest therein will increase the 

19 public availability of resources for, and facilitate 

20 public access to, hunting, fishing, and other rec21 reational activities;’’; and 

22 (B) by redesignating subparagraphs (B), 

23 (C), and (D) as subparagraphs (C), (D), and 

24 (E); 


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1 (6) in section 206(f) (43 U.S.C. 2305(f)), by 

2 amending paragraph (2) to read as follows: 

3 ‘‘(2) any remaining balance in the account shall 

4 be deposited in the Treasury and used for deficit re5 duction, except that in the case of a fiscal year for 

6 which there is no Federal budget deficit, such 

7 amounts shall be used to reduce the Federal debt (in 

8 such manner as the Secretary of the Treasury con9 siders appropriate).’’; and 

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

11 (A) in paragraph (1)— 

12 (i) by striking ‘‘96–568’’ and insert13 ing ‘‘96–586’’; and 

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

15 semicolon; 

16 (B) in paragraph (2)— 

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

18 263;’’ before ‘‘112 Stat.’’; and 

19 (ii) by striking the period at the end 

20 and inserting a semicolon; and 

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

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

23 Recreation, and Development Act of 2006 (Public 

24 Law 109–432; 120 Stat. 3028); 


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1 ‘‘(4) the Lincoln County Conservation, Recre2 ation, and Development Act of 2004 (Public Law 

3 108–424; 118 Stat. 2403); 

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

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

6 note; Public Law 111–11); 

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

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

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

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

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

12 Stat. 1108); or 

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

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

15 Stat. 1121).’’. 

16 SEC. 4. NORTH AMERICAN WETLANDS CONSERVATION ACT 

17 REAUTHORIZATION. 

18 Section 7(c) of the North American Wetlands Con19 servation Act (16 U.S.C. 4406(c)) is amended by striking 

20 ‘‘not to exceed—’’ and all that follows through paragraph 

21 (5) and inserting ‘‘not to exceed $50,000,000 for each of 

22 fiscal years 2016 through 2020.’’. 

23 SEC. 5. NATIONAL FISH AND WILDLIFE FOUNDATION ES24 TABLISHMENT ACT REAUTHORIZATION. 

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


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

2 Fish and Wildlife Foundation Establishment Act (16 

3 U.S.C. 3702) is amended— 

4 (A) in subsection (b)— 

5 (i) by striking paragraph (2) and in6 serting the following: 

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

8 Secretary of Commerce and considering the rec9 ommendations submitted by the Board, the Sec10 retary of the Interior shall appoint 28 Directors 

11 who, to the maximum extent practicable, shall— 

12 ‘‘(A) be knowledgeable and experienced in 

13 matters relating to the conservation of fish, 

14 wildlife, or other natural resources; and 

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

16 ocean, coastal, freshwater, and terrestrial re17 source conservation.’’; and 

18 (ii) by striking paragraph (3) and in19 serting the following: 

20 ‘‘(3) TERMS.—Each Director (other than a Di21 rector described in paragraph (1)) shall be appointed 

22 for a term of 6 years.’’; and 

23 (B) in subsection (g)(2)— 

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

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


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1 appointed until the Foundation has suffi2 cient funds to pay them for their service. 

3 Officers’’ and inserting the following: 

4 ‘‘(A) IN GENERAL.—Officers’’; and 

5 (ii) by striking subparagraph (B) and 

6 inserting the following: 

7 ‘‘(B) EXECUTIVE DIRECTOR.—The Foun8 dation shall have an Executive Director who 

9 shall be— 

10 ‘‘(i) appointed by, and serve at the di11 rection of, the Board as the chief executive 

12 officer of the Foundation; and 

13 ‘‘(ii) knowledgeable and experienced in 

14 matters relating to fish and wildlife con15 servation.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 4(a)(1)(B) of the North American Wetlands Con18 servation Act (16 U.S.C. 4403(a)(1)(B)) is amended 

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

20 ‘‘Executive Director of the Board’’. 

21 (b) RIGHTS AND OBLIGATIONS OF THE FOUNDA22 TION.—Section 4 of the National Fish and Wildlife Foun23 dation Establishment Act (16 U.S.C. 3703) is amended— 

24 (1) in subsection (c)— 


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

2 out its purposes under’’ and inserting the fol3 lowing: 

4 ‘‘(c) POWERS.— 

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

6 described in’’; 

7 (B) by redesignating paragraphs (1) 

8 through (11) as subparagraphs (A) through 

9 (K), respectively, and indenting appropriately; 

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

11 by subparagraph (B)), by striking ‘‘that are in12 sured by an agency or instrumentality of the 

13 United States’’ and inserting ‘‘at 1 or more fi14 nancial institutions that are members of the 

15 Federal Deposit Insurance Corporation or the 

16 Securities Investment Protection Corporation’’; 

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

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

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

20 (D)’’; 

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

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

23 inserting a semicolon; 


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1 (F) by striking subparagraph (K) (as re2 designated by subparagraph (B)) and inserting 

3 the following: 

4 ‘‘(K) to receive and administer restitution 

5 and community service payments, amounts for 

6 mitigation of impacts to natural resources, and 

7 other amounts arising from legal, regulatory, or 

8 administrative proceedings, subject to the con9 dition that the amounts are received or admin10 istered for purposes that further the conserva11 tion and management of fish, wildlife, plants, 

12 and other natural resources; and 

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

14 purposes of the Foundation.’’; and 

15 (G) by striking the undesignated matter at 

16 the end and inserting the following: 

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

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

19 Act, an interest in real property shall be treated 

20 as including easements or other rights for pres21 ervation, conservation, protection, or enhance22 ment by and for the public of natural, scenic, 

23 historic, scientific, educational, inspirational, or 

24 recreational resources. 


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1 ‘‘(B) ENCUMBERED REAL PROPERTY.—A 

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

3 Foundation even though the gift, devise, or be4 quest is encumbered, restricted, or subject to 

5 beneficial interests of private persons if any 

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

7 bequest is for the benefit of the Foundation. 

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

9 administration of amounts by the Foundation under 

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

11 any regulatory or statutory requirement associated 

12 with those amounts.’’; 

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

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

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

16 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 10 of the National Fish and Wildlife Foundation Estab18 lishment Act (16 U.S.C. 3709) is amended— 

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

20 and inserting the following: 

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

22 appropriated to carry out this Act for each of fiscal 

23 years 2016 through 2020— 

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

25 Interior; 


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1 ‘‘(B) $5,000,000 to the Secretary of Agri2 culture; and 

3 ‘‘(C) $5,000,000 to the Secretary of Com4 merce.’’; 

5 (2) in subsection (b)— 

6 (A) by striking paragraph (1) and insert7 ing the following: 

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

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

10 amounts authorized to be appropriated under 

11 subsection (a), Federal departments, agencies, 

12 or instrumentalities may provide Federal funds 

13 to the Foundation, subject to the condition that 

14 the amounts are used for purposes that further 

15 the conservation and management of fish, wild16 life, plants, and other natural resources in ac17 cordance with this Act. 

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

19 agencies, or instrumentalities may advance 

20 amounts described in subparagraph (A) to the 

21 Foundation in a lump sum without regard to 

22 when the expenses for which the amounts are 

23 used are incurred. 

24 ‘‘(C) MANAGEMENT FEES.—The Founda25 tion may assess and collect fees for the manageVerDate Sep 11 2014 04:53 Jul 25, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3173.IH H3173

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1 ment of amounts received under this para2 graph.’’; 

3 (B) in paragraph (2)— 

4 (i) in the paragraph heading, by strik5 ing ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; 

6 (ii) by striking ‘‘shall be used’’ and in7 serting ‘‘may be used’’; and 

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

9 government agencies’’ and inserting ‘‘, 

10 State and local government agencies, and 

11 other entities’’; and 

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

13 ‘‘(3) ADMINISTRATION OF AMOUNTS.— 

14 ‘‘(A) IN GENERAL.—In entering into con15 tracts, agreements, or other partnerships pursu16 ant to this Act, a Federal department, agency, 

17 or instrumentality shall have discretion to waive 

18 any competitive process applicable to the de19 partment, agency, or instrumentality for enter20 ing into contracts, agreements, or partnerships 

21 with the Foundation if the purpose of the waiv22 er is— 

23 ‘‘(i) to address an environmental 

24 emergency resulting from a natural or 

25 other disaster; or 


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

2 applicable Federal department, agency, or 

3 instrumentality, to reduce administrative 

4 expenses and expedite the conservation and 

5 management of fish, wildlife, plants, and 

6 other natural resources. 

7 ‘‘(B) REPORTS.—The Foundation shall in8 clude in the annual report submitted under sec9 tion 7(b) a description of any use of the author10 ity under subparagraph (A) by a Federal de11 partment, agency, or instrumentality in that fis12 cal year.’’; and 

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

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

15 MONEY OR OTHER PROPERTY.—Any gifts, devises, or be16 quests of amounts or other property, or any other amounts 

17 or other property, transferred to, deposited with, or other18 wise in the possession of the Foundation pursuant to this 

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

20 departments, agencies, or instrumentalities and may be 

21 accepted and expended (or the disposition of the amounts 

22 or property directed), without further appropriation, by 

23 those Federal departments, agencies, or instrumentalities, 

24 subject to the condition that the amounts or property be 

25 used for purposes that further the conservation and manVerDate Sep 11 2014 04:53 Jul 25, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3173.IH H3173

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1 agement of fish, wildlife, plants, and other natural re2 sources.’’. 

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

4 National Fish and Wildlife Foundation Establishment Act 

5 (16 U.S.C. 3710) is amended by inserting ‘‘exclusive’’ be6 fore ‘‘authority’’. 

7 SEC. 6. NEOTROPICAL MIGRATORY BIRD CONSERVATION 

8 ACT REAUTHORIZATION. 

9 The Neotropical Migratory Bird Conservation Act is 

10 amended— 

11 (1) in section 9(c)(2) (16 U.S.C. 6108(c)(2)), 

12 by striking ‘‘3’’ and inserting ‘‘4’’; and 

13 (2) by amending section 10 (16 U.S.C. 6109) 

14 to read as follows: 

15 ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘(a) IN GENERAL.—There is authorized to be appro17 priated to carry out this Act $6,500,000 for each of fiscal 

18 years 2016 through 2020. 

19 ‘‘(b) USE OF FUNDS.—Of the amounts made avail20 able under subsection (a) for each fiscal year, not less than 

21 75 percent shall be expended for projects carried out at 

22 a location outside of the United States.’’. 


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1 SEC. 7. PARTNERS FOR FISH AND WILDLIFE PROGRAM ACT 

2 REAUTHORIZATION. 

3 Section 5 of the Partners for Fish and Wildlife Act 

4 (16 U.S.C. 3774) is amended by striking ‘‘2011’’ and in5 serting ‘‘2020’’. 

6 SEC. 8. MAKING PUBLIC LANDS PUBLIC. 

7 (a) AVAILABILITY OF FUNDS.—Section 200303 of 

8 title 54, United States Code, is amended to read as fol9 lows: 

10 ‘‘§ 200303. Availability of funds for certain projects 

11 ‘‘Notwithstanding any other provision of this Act, the 

12 Secretary and the Secretary of Agriculture shall ensure 

13 that, of the amounts appropriated for the fund for each 

14 fiscal year, not less than the greater of 1.5 percent of the 

15 amounts or $10,000,000 shall be made available for 

16 projects that secure public access to Federal land for hunt17 ing, fishing, and other recreational purposes through ease18 ments, rights-of-way, or fee title acquisitions from willing 

19 sellers.’’. 

20 (b) CONFORMING AMENDMENTS.— 

21 (1) AVAILABILITY OF DEPOSITS.—Section 

22 200302(c)(3) of title 54, United States Code, is 

23 amended by striking ‘‘Notwithstanding section 

24 200303 of this title, money’’ and inserting ‘‘Money’’. 

25 (2) CONTRACTS FOR ACQUISITION OF LAND

26 AND WATER.—Section 200308 of title 54, United 


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1 States Code, is amended in the first sentence, by 

2 striking ‘‘by section 200303 of this title’’. 

3 (3) CONTRACTS FOR OPTIONS TO ACQUIRE

4 LAND AND WATER IN SYSTEM.—Section 200309 of 

5 title 54, United States Code, is amended in the third 

6 sentence by striking ‘‘by section 200303 of this 

7 title’’. 

Æ 


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