II 

112TH CONGRESS 

1ST SESSION S. 901 

To amend the Land and Water Conservation Fund Act of 1965 to ensure 

that amounts are made available for projects to provide recreational 

public access, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2011 

Mr. TESTER (for himself and Mr. RISCH) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To amend the Land and Water Conservation Fund Act of 

1965 to ensure that amounts are made available for 

projects to provide recreational public access, 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. 

4 This Act may be cited as the ‘‘Making Public Lands 

5 Public Access Act’’. 


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•S 901 IS

1 SEC. 2. AVAILABILITY OF LAND AND WATER CONSERVA2 TION FUND FOR RECREATIONAL PUBLIC AC3 CESS PROJECTS. 

4 (a) IN GENERAL.—Section 3 of the Land and Water 

5 Conservation Fund Act of 1965 (16 U.S.C. 460l–6) is 

6 amended to read as follows: 

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

8 ‘‘(a) IN GENERAL.—Notwithstanding any other pro9 vision of this Act, the Secretary of the Interior and the 

10 Secretary of Agriculture shall ensure that, of the amounts 

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

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

13 shall be made available for projects identified on the pri14 ority list developed under subsection (b). 

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

16 and the Secretary of Agriculture, in consultation with the 

17 head of each affected Federal agency, shall annually de18 velop a priority list for the sites under the jurisdiction of 

19 the applicable Secretary. 

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

21 list developed under subsection (b) shall secure rec22 reational public access to Federal public land in existence 

23 as of the date of enactment of this section that has signifi24 cantly restricted access for hunting, fishing, and other rec25 reational purposes through rights-of-way or acquisition of 

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


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•S 901 IS

1 (b) CONFORMING AMENDMENTS.— 

2 (1) LAND AND WATER CONSERVATION FUND

3 ACT.—The Land and Water Conservation Fund Act 

4 of 1965 (16 U.S.C. 460l–4 et seq.) is amended— 

5 (A) in the proviso at the end of section 

6 2(c)(2) (16 U.S.C. 460l–5(c)(2)), by striking 

7 ‘‘notwithstanding the provisions of section 3 of 

8 this Act’’; 

9 (B) in the first sentence of section 9 (16 

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

11 this Act’’; and 

12 (C) in the third sentence of section 10 (16 

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

14 this Act’’. 

15 (2) FEDERAL LAND TRANSACTION FACILITA16 TION ACT.—Section 206(f)(2) of the Federal Land 

17 Transaction Facilitation Act (43 U.S.C. 2305(f)(2)) 

18 is amended by striking ‘‘section 3 of the Land and 

19 Water Conservation Fund Act (16 U.S.C. 460l–6)’’ 

20 and inserting ‘‘the Land and Water Conservation 

21 Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)’’. 

Æ 


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