II 

Calendar No. 384 

113TH CONGRESS 

2D SESSION S. 2363 

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

shooting, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 20, 2014 

Mrs. HAGAN (for herself, Ms. MURKOWSKI, Mr. PRYOR, Mr. HELLER, Mr. 

TESTER, Mr. HOEVEN, Mr. BEGICH, Mr. PORTMAN, Ms. LANDRIEU, Mr. 

BOOZMAN, Mr. MANCHIN, Mr. VITTER, Mr. UDALL of Colorado, Mr. 

CHAMBLISS, Mr. HEINRICH, Mr. ISAKSON, Ms. KLOBUCHAR, Mr. RUBIO, 

Mr. WARNER, Mr. GRAHAM, Mrs. MCCASKILL, Ms. AYOTTE, Mr. WALSH, 

Mr. BURR, Mr. DONNELLY, Mrs. FISCHER, Mr. FRANKEN, Mr. ROBERTS, Mr. BENNET, Mr. MCCAIN, Mr. KING, Mr. THUNE, Mr. KAINE, 

and Mr. RISCH) introduced the following bill; which was read the first 

time 

MAY 21, 2014 

Read the second time and placed on the calendar 

A BILL 

To protect and enhance opportunities for recreational 

hunting, fishing, and shooting, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REGULATORY REFORMS 

Sec. 101. Electronic duck stamps. 

Sec. 102. Modification of definition of sport fishing equipment under the Toxic 

Substances Control Act. 

Sec. 103. Target practice and marksmanship. 

Sec. 104. Exemption for subsistence users. 

Sec. 105. Permits for importation of polar bear trophies taken in sport hunts 

in Canada. 

Sec. 106. Baiting of migratory game birds. 

Sec. 107. Recreational fishing, hunting, and recreational shooting on Federal 

public land. 

Sec. 108. Annual permit and fee for film crews of 5 persons or fewer. 

TITLE II—HABITAT CONSERVATION 

Sec. 201. Availability of Land and Water Conservation Fund for recreational 

public access projects. 

Sec. 202. Federal Land Transaction Facilitation Act. 

Sec. 203. North American Wetlands Conservation Act. 

Sec. 204. National Fish and Wildlife Foundation Establishment Act. 

6 TITLE I—REGULATORY 

7 REFORMS 

8 SEC. 101. ELECTRONIC DUCK STAMPS. 

9 (a) DEFINITIONS.—In this section: 

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

11 means a Federal migratory-bird hunting and con12 servation stamp required under the Act of March 

13 16, 1934 (16 U.S.C. 718a et seq.) (popularly known 

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

15 and sold through the means established by the auVerDate Mar 15 2010 22:54 May 21, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2363.PCS S2363

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1 thority of the Secretary immediately before the date 

2 of enactment of this Act. 

3 (2) AUTOMATED LICENSING SYSTEM.— 

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

5 licensing system’’ means an electronic, comput6 erized licensing system used by a State fish and 

7 wildlife agency to issue hunting, fishing, and 

8 other associated licenses and products. 

9 (B) INCLUSION.—The term ‘‘automated li10 censing system’’ includes a point-of-sale, Inter11 net, telephonic system, or other electronic appli12 cations used for a purpose described in sub13 paragraph (A). 

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

15 stamp’’ means an electronic version of an actual 

16 stamp that— 

17 (A) is a unique identifier for the individual 

18 to whom it is issued; 

19 (B) can be printed on paper or produced 

20 through an electronic application with the same 

21 indicators as the State endorsement provides; 

22 (C) is issued through a State automated li23 censing system that is authorized, under State 

24 law and by the Secretary under this section, to 

25 issue electronic stamps; 


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1 (D) is compatible with the hunting licens2 ing system of the State that issues the elec3 tronic stamp; and 

4 (E) is described in the State application 

5 approved by the Secretary under subsection 

6 (c)(3). 

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

8 the Secretary of the Interior. 

9 (b) AUTHORITY TO ISSUE ELECTRONIC DUCK

10 STAMPS.— 

11 (1) IN GENERAL.—The Secretary may author12 ize any State to issue electronic stamps in accord13 ance with this section. 

14 (2) CONSULTATION.—The Secretary shall im15 plement this section in consultation with State man16 agement agencies. 

17 (c) STATE APPLICATION.— 

18 (1) APPROVAL OF APPLICATION REQUIRED.— 

19 The Secretary may not authorize a State to issue 

20 electronic stamps under this section unless the Sec21 retary has received and approved an application sub22 mitted by the State in accordance with this section. 

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

24 may determine the number of new States per year 

25 to participate in the electronic stamp program. 


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1 (3) CONTENTS OF APPLICATION.—The Sec2 retary may not approve a State application unless 

3 the application contains— 

4 (A) a description of the format of the elec5 tronic stamp that the State will issue under this 

6 section, including identifying features of the li7 censee that will be specified on the stamp; 

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

9 charge for issuance of an electronic stamp; 

10 (C) a description of the process the State 

11 will use to account for and transfer to the Sec12 retary the amounts collected by the State that 

13 are required to be transferred to the Secretary 

14 under the program; 

15 (D) the manner by which the State will 

16 transmit electronic stamp customer data to the 

17 Secretary; 

18 (E) the manner by which actual stamps 

19 will be delivered; 

20 (F) the policies and procedures under 

21 which the State will issue duplicate electronic 

22 stamps; and 

23 (G) such other policies, procedures, and in24 formation as may be reasonably required by the 

25 Secretary. 


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1 (4) PUBLICATION OF DEADLINES, ELIGIBILITY

2 REQUIREMENTS, AND SELECTION CRITERIA.—Not 

3 later than 30 days before the date on which the Sec4 retary begins accepting applications under this sec5 tion, the Secretary shall publish— 

6 (A) deadlines for submission of applica7 tions; 

8 (B) eligibility requirements for submitting 

9 applications; and 

10 (C) criteria for approving applications. 

11 (d) STATE OBLIGATIONS AND AUTHORITIES.— 

12 (1) DELIVERY OF ACTUAL STAMP.—The Sec13 retary shall require that each individual to whom a 

14 State sells an electronic stamp under this section 

15 shall receive an actual stamp— 

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

17 the electronic stamp expires under subsection 

18 (e)(3); and 

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

20 and Secretary. 

21 (2) COLLECTION AND TRANSFER OF ELEC22 TRONIC STAMP REVENUE AND CUSTOMER INFORMA23 TION.— 

24 (A) REQUIREMENT TO TRANSMIT.—The 

25 Secretary shall require each State authorized to 


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1 issue electronic stamps to collect and submit to 

2 the Secretary in accordance with this sub3 section— 

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

5 complete mailing address of each individual 

6 that purchases an electronic stamp from 

7 the State; 

8 (ii) the face value amount of each 

9 electronic stamp sold by the State; and 

10 (iii) the amount of the Federal por11 tion of any fee required by the agreement 

12 for each stamp sold. 

13 (B) TIME OF TRANSMITTAL.—The Sec14 retary shall require the submission under sub15 paragraph (A) to be made with respect to sales 

16 of electronic stamps by a State according to the 

17 written agreement between the Secretary and 

18 the State agency. 

19 (C) ADDITIONAL FEES NOT AFFECTED.— 

20 This section shall not apply to the State portion 

21 of any fee collected by a State under paragraph 

22 (3). 

23 (3) ELECTRONIC STAMP ISSUANCE FEE.—A 

24 State authorized to issue electronic stamps may 

25 charge a reasonable fee to cover costs incurred by 


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1 the State and the Department of the Interior in 

2 issuing electronic stamps under this section, includ3 ing costs of delivery of actual stamps. 

4 (4) DUPLICATE ELECTRONIC STAMPS.—A State 

5 authorized to issue electronic stamps may issue a 

6 duplicate electronic stamp to replace an electronic 

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

8 (5) LIMITATION ON AUTHORITY TO REQUIRE

9 PURCHASE OF STATE LICENSE.—A State may not 

10 require that an individual purchase a State hunting 

11 license as a condition of issuing an electronic stamp 

12 under this section. 

13 (e) ELECTRONIC STAMP REQUIREMENTS; RECOGNI14 TION OF ELECTRONIC STAMP.— 

15 (1) STAMP REQUIREMENTS.—The Secretary 

16 shall require an electronic stamp issued by a State 

17 under this section— 

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

19 license, validation, or privilege the State issues 

20 under the automated licensing system of the 

21 State; and 

22 (B) to specify identifying features of the li23 censee that are adequate to enable Federal, 

24 State, and other law enforcement officers to 

25 identify the holder. 


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1 (2) RECOGNITION OF ELECTRONIC STAMP.— 

2 Any electronic stamp issued by a State under this 

3 section shall, during the effective period of the elec4 tronic stamp— 

5 (A) bestow upon the licensee the same 

6 privileges as are bestowed by an actual stamp; 

7 (B) be recognized nationally as a valid 

8 Federal migratory bird hunting and conserva9 tion stamp; and 

10 (C) authorize the licensee to hunt migra11 tory waterfowl in any other State, in accordance 

12 with the laws of the other State governing that 

13 hunting. 

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

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

16 State and the Secretary, which shall not exceed 45 

17 days. 

18 (f) TERMINATION OF STATE PARTICIPATION.—The 

19 authority of a State to issue electronic stamps under this 

20 section may be terminated— 

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

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

23 the terms of the application of the State ap24 proved by the Secretary under subsection (c); 

25 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 (a) IN GENERAL.—Section 3(2)(B) of the Toxic Sub11 stances Control Act (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 the term 

20 is defined in subsection (a) of section 4162 of the 

21 Internal Revenue Code of 1986, without regard to 

22 paragraphs (6) through (9) thereof), the sale of 

23 which is subject to the tax imposed by section 

24 4161(a) of such Code (determined without regard to 

25 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 (b) RELATIONSHIP TO OTHER LAW.—Nothing in the 

4 amendments made by this section affects or limits the ap5 plication of, or the obligation to comply with, any other 

6 Federal, State, or local law. 

7 SEC. 103. TARGET PRACTICE AND MARKSMANSHIP. 

8 (a) FINDINGS; PURPOSE.— 

9 (1) FINDINGS.—Congress finds that— 

10 (A) the use of firearms and archery equip11 ment for target practice and marksmanship 

12 training activities on Federal land is allowed, 

13 except to the extent specific portions of that 

14 land have been closed to those activities; 

15 (B) in recent years preceding the date of 

16 enactment of this Act, portions of Federal land 

17 have been closed to target practice and marks18 manship training for many reasons; 

19 (C) the availability of public target ranges 

20 on non-Federal land has been declining for a 

21 variety of reasons, including continued popu22 lation growth and development near former 

23 ranges; 

24 (D) providing opportunities for target 

25 practice and marksmanship training at public 


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1 target ranges on Federal and non-Federal land 

2 can help— 

3 (i) to promote enjoyment of shooting, 

4 recreational, and hunting activities; and 

5 (ii) to ensure safe and convenient lo6 cations for those activities; 

7 (E) Federal law in effect on the date of en8 actment of this Act, including the Pittman-Rob9 ertson Wildlife Restoration Act (16 U.S.C. 669 

10 et seq.), provides Federal support for construc11 tion and expansion of public target ranges by 

12 making available to States amounts that may 

13 be used for construction, operation, and mainte14 nance of public target ranges; and 

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

16 increased Federal support to facilitate the con17 struction or expansion of public target ranges. 

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

19 to facilitate the construction and expansion of public 

20 target ranges, including ranges on Federal land 

21 managed by the Forest Service and the Bureau of 

22 Land Management. 

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

24 this section, the term ‘‘public target range’’ means a spe25 cific location that— 


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1 (1) is identified by a governmental agency for 

2 recreational shooting; 

3 (2) is open to the public; 

4 (3) may be supervised; and 

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

6 shotgun shooting. 

7 (c) AMENDMENTS TO PITTMAN-ROBERTSON WILD8 LIFE RESTORATION ACT.— 

9 (1) DEFINITIONS.—Section 2 of the Pittman10 Robertson Wildlife Restoration Act (16 U.S.C. 

11 669a) is amended— 

12 (A) by redesignating paragraphs (2) 

13 through (8) as paragraphs (3) through (9), re14 spectively; and 

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

16 following: 

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

18 specific location that— 

19 ‘‘(A) is identified by a governmental agen20 cy for recreational shooting; 

21 ‘‘(B) is open to the public; 

22 ‘‘(C) may be supervised; and 

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

24 pistol, or shotgun shooting;’’. 


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1 (2) EXPENDITURES FOR MANAGEMENT OF

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

3 the Pittman-Robertson Wildlife Restoration Act (16 

4 U.S.C. 669g(b)) is amended— 

5 (A) by striking ‘‘(b) Each State’’ and in6 serting the following: 

7 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD8 LIFE AREAS AND RESOURCES.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), each State’’; 

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

12 striking ‘‘construction, operation,’’ and insert13 ing ‘‘operation’’; 

14 (C) in the second sentence, by striking 

15 ‘‘The non-Federal share’’ and inserting the fol16 lowing: 

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

18 share’’; 

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

20 Secretary’’ and inserting the following: 

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

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

23 designated by subparagraph (A)) the following: 

24 ‘‘(2) EXCEPTION.—Notwithstanding the limita25 tion described in paragraph (1), a State may pay up 


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1 to 90 percent of the cost of acquiring land for, ex2 panding, or constructing a public target range.’’. 

3 (3) FIREARM AND BOW HUNTER EDUCATION

4 AND SAFETY PROGRAM GRANTS.—Section 10 of the 

5 Pittman-Robertson Wildlife Restoration Act (16 

6 U.S.C. 669h–1) is amended— 

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

8 the following: 

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

10 Of the amount apportioned to a State for any fiscal 

11 year under section 4(b), the State may elect to allo12 cate not more than 10 percent, to be combined with 

13 the amount apportioned to the State under para14 graph (1) for that fiscal year, for acquiring land for, 

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

16 (B) by striking subsection (b) and insert17 ing the following: 

18 ‘‘(b) COST SHARING.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), the Federal share of the cost of any activ21 ity carried out using a grant under this section shall 

22 not exceed 75 percent of the total cost of the activ23 ity. 

24 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

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1 quiring land for, expanding, or constructing a public 

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

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

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

5 and 

6 (C) in subsection (c)(1)— 

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

8 inserting the following: 

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

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

11 (ii) by adding at the end the fol12 lowing: 

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

14 acquiring land for, constructing, or expanding a 

15 public target range shall remain available for 

16 expenditure and obligation during the 5-fiscal17 year period beginning on October 1 of the first 

18 fiscal year for which the amounts are made 

19 available.’’. 

20 (d) SENSE OF CONGRESS REGARDING COOPERA21 TION.—It is the sense of Congress that, consistent with 

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

23 Forest Service and the Director of the Bureau of Land 

24 Management should cooperate with State and local au25 thorities and other entities to carry out waste removal and 


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

2 range to encourage continued use of that land for target 

3 practice or marksmanship training. 

4 SEC. 104. EXEMPTION FOR SUBSISTENCE USERS. 

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

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

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

8 section shall be exempt from the prohibition on taking 

9 under section 1 of the Migratory Bird Hunting and Con10 servation Stamp Act (16 U.S.C. 718a).’’. 

11 SEC. 105. PERMITS FOR IMPORTATION OF POLAR BEAR 

12 TROPHIES TAKEN IN SPORT HUNTS IN CAN13 ADA. 

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

15 Act of 1972 (16 U.S.C. 1374(c)(5)) is amended by strik16 ing subparagraph (D) and inserting the following: 

17 ‘‘(D) POLAR BEAR PARTS.— 

18 ‘‘(i) IN GENERAL.—Notwithstanding 

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

20 (d)(3), and sections 101 and 102, the Sec21 retary of the Interior shall, expeditiously 

22 after the date on which the expiration of 

23 the applicable 30-day period described in 

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

25 for the importation of any polar bear part 


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1 (other than an internal organ) from a 

2 polar bear taken in a sport hunt in Canada 

3 to any person— 

4 ‘‘(I) who submits, with the per5 mit application, proof that the polar 

6 bear was legally harvested by the per7 son before February 18, 1997; or 

8 ‘‘(II) who submitted, with a per9 mit application submitted before May 

10 15, 2008, proof that the polar bear 

11 was legally harvested from a polar 

12 bear population from which a sport13 hunted trophy could be imported be14 fore May 15, 2008, in accordance 

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

16 of Federal Regulations (or a successor 

17 regulation) by the person before May 

18 15, 2008. 

19 ‘‘(ii) APPLICABILITY OF PROHIBITION

20 ON THE IMPORTATION OF A DEPLETED

21 SPECIES.— 

22 ‘‘(I) PARTS LEGALLY HARVESTED

23 BEFORE FEBRUARY 18, 1997.— 

24 ‘‘(aa) IN GENERAL.—Sec25 tions 101(a)(3)(B) and 102(b)(3) 


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1 shall not apply to the importation 

2 of any polar bear part authorized 

3 by a permit issued under clause 

4 (i)(I). 

5 ‘‘(bb) APPLICABILITY.— 

6 Item (aa) shall not apply to polar 

7 bear parts imported before June 

8 12, 1997. 

9 ‘‘(II) PARTS LEGALLY HAR10 VESTED BEFORE MAY 15, 2008.— 

11 ‘‘(aa) IN GENERAL.—Sec12 tions 101(a)(3)(B) and 102(b)(3) 

13 shall not apply to the importation 

14 of any polar bear part authorized 

15 by a permit issued under clause 

16 (i)(II). 

17 ‘‘(bb) APPLICABILITY.— 

18 Item (aa) shall not apply to polar 

19 bear parts imported before the 

20 date of enactment of the Bipar21 tisan Sportsmen’s Act of 2014.’’. 

22 SEC. 106. BAITING OF MIGRATORY GAME BIRDS. 

23 Section 3 of the Migratory Bird Treaty Act (16 

24 U.S.C. 704) is amended by striking subsection (b) and in25 serting the following: 


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1 ‘‘(b) PROHIBITION OF BAITING.— 

2 ‘‘(1) DEFINITIONS.—In this subsection: 

3 ‘‘(A) BAITED AREA.— 

4 ‘‘(i) IN GENERAL.—The term ‘baited 

5 area’ means— 

6 ‘‘(I) any area on which salt, 

7 grain, or other feed has been placed, 

8 exposed, deposited, distributed, or 

9 scattered, if the salt, grain, or feed 

10 could lure or attract migratory game 

11 birds; and 

12 ‘‘(II) in the case of waterfowl, 

13 cranes (family Gruidae), and coots 

14 (family Rallidae), a standing, 

15 unharvested crop that has been ma16 nipulated through activities such as 

17 mowing, discing, or rolling, unless the 

18 activities are normal agricultural prac19 tices. 

20 ‘‘(ii) EXCLUSIONS.—An area shall not 

21 be considered to be a ‘baited area’ if the 

22 area— 

23 ‘‘(I) has been treated with a nor24 mal agricultural practice; 


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1 ‘‘(II) has standing crops that 

2 have not been manipulated; or 

3 ‘‘(III) has standing crops that 

4 have been or are flooded. 

5 ‘‘(B) BAITING.—The term ‘baiting’ means 

6 the direct or indirect placing, exposing, depos7 iting, distributing, or scattering of salt, grain, 

8 or other feed that could lure or attract migra9 tory game birds to, on, or over any areas on 

10 which a hunter is attempting to take migratory 

11 game birds. 

12 ‘‘(C) MIGRATORY GAME BIRD.—The term 

13 ‘migratory game bird’ means migratory bird 

14 species— 

15 ‘‘(i) that are within the taxonomic 

16 families of Anatidae, Columbidae, Gruidae, 

17 Rallidae, and Scolopacidae; and 

18 ‘‘(ii) for which open seasons are pre19 scribed by the Secretary of the Interior. 

20 ‘‘(D) NORMAL AGRICULTURAL PRAC21 TICE.— 

22 ‘‘(i) IN GENERAL.—The term ‘normal 

23 agricultural practice’ means any practice in 

24 1 annual growing season that— 


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1 ‘‘(I) is carried out in order to 

2 produce a marketable crop, including 

3 planting, harvest, post-harvest, or soil 

4 conservation practices; and 

5 ‘‘(II) is recommended for the 

6 successful harvest of a given crop by 

7 the applicable State office of the Co8 operative Extension System of the De9 partment of Agriculture, in consulta10 tion with, and if requested, the con11 currence of, the head of the applicable 

12 State department of fish and wildlife. 

13 ‘‘(ii) INCLUSIONS.— 

14 ‘‘(I) IN GENERAL.—Subject to 

15 subclause (II), the term ‘normal agri16 cultural practice’ includes the destruc17 tion of a crop in accordance with 

18 practices required by the Federal 

19 Crop Insurance Corporation for agri20 cultural producers to obtain crop in21 surance under the Federal Crop In22 surance Act (7 U.S.C. 1501 et seq.) 

23 on land on which a crop during the 

24 current or immediately preceding crop 

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1 ural disaster (including any hurricane, 

2 storm, tornado, flood, high water, 

3 wind-driven water, tidal wave, tsu4 nami, earthquake, volcanic eruption, 

5 landslide, mudslide, drought, fire, 

6 snowstorm, or other catastrophe that 

7 is declared a major disaster by the 

8 President in accordance with section 

9 401 of the Robert T. Stafford Dis10 aster Relief and Emergency Assist11 ance Act (42 U.S.C. 5170)). 

12 ‘‘(II) LIMITATIONS.—The term 

13 ‘normal agricultural practice’ only in14 cludes a crop described in subclause 

15 (I) that has been destroyed or manip16 ulated through activities that include 

17 (but are not limited to) mowing, 

18 discing, or rolling if the Federal Crop 

19 Insurance Corporation certifies that 

20 flooding was not an acceptable method 

21 of destruction to obtain crop insur22 ance under the Federal Crop Insur23 ance Act (7 U.S.C. 1501 et seq.). 

24 ‘‘(E) WATERFOWL.—The term ‘waterfowl’ 

25 means native species of the family Anatidae. 


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1 ‘‘(2) PROHIBITION.—It shall be unlawful for 

2 any person— 

3 ‘‘(A) to take any migratory game bird by 

4 baiting or on or over any baited area, if the 

5 person knows or reasonably should know that 

6 the area is a baited area; or 

7 ‘‘(B) to place or direct the placement of 

8 bait on or adjacent to an area for the purpose 

9 of causing, inducing, or allowing any person to 

10 take or attempt to take any migratory game 

11 bird by baiting or on or over the baited area. 

12 ‘‘(3) REGULATIONS.—The Secretary of the In13 terior may promulgate regulations to implement this 

14 subsection. 

15 ‘‘(4) REPORTS.—Annually, the Secretary of Ag16 riculture shall submit to the Secretary of the Inte17 rior a report that describes any changes to normal 

18 agricultural practices across the range of crops 

19 grown by agricultural producers in each region of 

20 the United States in which the recommendations are 

21 provided to agricultural producers.’’. 

22 SEC. 107. RECREATIONAL FISHING, HUNTING, AND REC23 REATIONAL SHOOTING ON FEDERAL PUBLIC 

24 LAND. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) FEDERAL PUBLIC LAND.— 

2 (A) IN GENERAL.—The term ‘‘Federal 

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

4 (i) owned by the United States; and 

5 (ii) managed by a Federal agency (in6 cluding the Department of the Interior and 

7 the Forest Service) for purposes that in8 clude the conservation of natural resources. 

9 (B) EXCLUSIONS.—The term ‘‘Federal 

10 public land’’ does not include— 

11 (i) land or water held or managed in 

12 trust for the benefit of Indian tribes or in13 dividual Indians; 

14 (ii) land or water managed by the Di15 rector of the National Park Service or the 

16 Director of the United States Fish and 

17 Wildlife Service; 

18 (iii) fish hatcheries; or 

19 (iv) conservation easements on private 

20 land. 

21 (2) HUNTING.— 

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

23 means use of a firearm, bow, or other author24 ized means in the lawful— 


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1 (i) pursuit, shooting, capture, collec2 tion, trapping, or killing of wildlife; or 

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

4 collect, trap, or kill wildlife. 

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

6 does not include the use of skilled volunteers to 

7 cull excess animals (as defined by Federal law 

8 (including regulations)). 

9 (3) RECREATIONAL FISHING.—The term ‘‘rec10 reational fishing’’ means— 

11 (A) an activity for sport or pleasure that 

12 involves the lawful— 

13 (i) catching, taking, or harvesting of 

14 fish; or 

15 (ii) attempted catching, taking, or 

16 harvesting of fish; or 

17 (B) any other activity for sport or pleasure 

18 that can reasonably be expected to result in the 

19 lawful catching, taking, or harvesting of fish. 

20 (4) RECREATIONAL SHOOTING.—The term 

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

22 training, competition, or pastime, whether formal or 

23 informal, that involves— 

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

25 shotgun; or 


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

2 (b) RECREATIONAL FISHING, HUNTING, AND REC3 REATIONAL SHOOTING.— 

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

5 rights, and in cooperation with the respective State 

6 fish and wildlife agency, a Federal public land man7 agement official shall exercise the authority of the 

8 official under existing law (including provisions re9 garding land use planning) to facilitate use of and 

10 access to Federal public land for recreational fish11 ing, hunting, and recreational shooting except as 

12 limited by— 

13 (A) any Federal law (including regula14 tions) that authorizes action or withholding ac15 tion for reasons of national security, public 

16 safety, or resource conservation; 

17 (B) any other Federal law (including regu18 lations) that precludes recreational fishing, 

19 hunting, or recreational shooting on specific 

20 Federal public land units of Federal public 

21 land, or water; or 

22 (C) discretionary limitations on rec23 reational fishing, hunting, and recreational 

24 shooting determined to be necessary and rea25 sonable, as supported by the best scientific eviVerDate Mar 15 2010 22:54 May 21, 2014 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2363.PCS S2363

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1 dence and advanced through a transparent pub2 lic process. 

3 (2) MANAGEMENT.—Consistent with paragraph 

4 (1), the head of each Federal public land manage5 ment agency shall exercise the land management dis6 cretion of the head— 

7 (A) in a manner that supports and facili8 tates recreational fishing, hunting, and rec9 reational shooting opportunities; 

10 (B) to the extent authorized under applica11 ble State law; and 

12 (C) in accordance with applicable Federal 

13 law. 

14 (3) PLANNING.— 

15 (A) EFFECTS OF PLANS AND ACTIVI16 TIES.— 

17 (i) EVALUATION OF EFFECTS ON OP18 PORTUNITIES TO ENGAGE IN REC19 REATIONAL FISHING, HUNTING, OR REC20 REATIONAL SHOOTING.—Federal public 

21 land planning documents (including land 

22 resources management plans, resource 

23 management plans, travel management 

24 plans, and energy development plans) shall 

25 include a specific evaluation of the effects 


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1 of the plans on opportunities to engage in 

2 recreational fishing, hunting, or rec3 reational shooting. 

4 (ii) OTHER ACTIVITY NOT CONSID5 ERED.— 

6 (I) IN GENERAL.—Federal public 

7 land management officials shall not be 

8 required to consider the existence or 

9 availability of recreational fishing, 

10 hunting, or recreational shooting op11 portunities on private or public land 

12 that is located adjacent to, or in the 

13 vicinity of, Federal public land for 

14 purposes of— 

15 (aa) planning for or deter16 mining which units of Federal 

17 public land are open for rec18 reational fishing, hunting, or rec19 reational shooting; or 

20 (bb) setting the levels of use 

21 for recreational fishing, hunting, 

22 or recreational shooting on Fed23 eral public land. 

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1 ment officials may consider the oppor2 tunities described in subclause (I) if 

3 the combination of those opportunities 

4 would enhance the recreational fish5 ing, hunting, or shooting opportunities 

6 available to the public. 

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

8 prohibited by law, all Federal public land plan9 ning documents described in subparagraph 

10 (A)(i) of an agency shall, after appropriate co11 ordination with State fish and wildlife agencies, 

12 allow the participation of skilled volunteers in 

13 the culling and other management of wildlife 

14 populations on Federal public land unless the 

15 head of the agency demonstrates, based on the 

16 best scientific data available or applicable Fed17 eral law, why skilled volunteers should not be 

18 used to control overpopulation of wildlife on the 

19 land that is the subject of the planning docu20 ment. 

21 (4) BUREAU OF LAND MANAGEMENT AND FOR22 EST SERVICE LAND.— 

23 (A) LAND OPEN.— 

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1 ment or the Forest Service (including a 

2 component of the National Wilderness 

3 Preservation System, land designated as a 

4 wilderness study area or administratively 

5 classified as wilderness eligible or suitable, 

6 and primitive or semiprimitive areas, but 

7 excluding land on the outer Continental 

8 Shelf) shall be open to recreational fishing, 

9 hunting, and recreational shooting unless 

10 the managing Federal public land agency 

11 acts to close the land to the activity. 

12 (ii) MOTORIZED ACCESS.—Nothing in 

13 this subparagraph authorizes or requires 

14 motorized access or the use of motorized 

15 vehicles for recreational fishing, hunting, 

16 or recreational shooting purposes within 

17 land designated as a wilderness study area 

18 or administratively classified as wilderness 

19 eligible or suitable. 

20 (B) CLOSURE OR RESTRICTION.—Land de21 scribed in subparagraph (A)(i) may be subject 

22 to closures or restrictions if determined by the 

23 head of the agency to be necessary and reason24 able and supported by facts and evidence for 

25 purposes including resource conservation, public 


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1 safety, energy or mineral production, energy 

2 generation or transmission infrastructure, water 

3 supply facilities, protection of other permittees, 

4 protection of private property rights or inter5 ests, national security, or compliance with other 

6 law, as determined appropriate by the Director 

7 of the Bureau of Land Management or the 

8 Chief of the Forest Service, as applicable. 

9 (C) SHOOTING RANGES.— 

10 (i) IN GENERAL.—Except as provided 

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

12 public land agency may use the authorities 

13 of the head, in a manner consistent with 

14 this section and other applicable law— 

15 (I) to lease or permit use of land 

16 under the jurisdiction of the head for 

17 shooting ranges; and 

18 (II) to designate specific land 

19 under the jurisdiction of the head for 

20 recreational shooting activities. 

21 (ii) LIMITATION ON LIABILITY.—Any 

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

23 subject the United States to any civil ac24 tion or claim for monetary damages for in25 jury or loss of property or personal injury 


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1 or death caused by any recreational shoot2 ing activity occurring at or on the des3 ignated land. 

4 (iii) EXCEPTION.—The head of each 

5 Federal public land agency shall not lease 

6 or permit use of Federal public land for 

7 shooting ranges or designate land for rec8 reational shooting activities within a com9 ponent of the National Wilderness Preser10 vation System, land designated as a wilder11 ness study area or administratively classi12 fied as wilderness eligible or suitable, and 

13 primitive or semiprimitive areas. 

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

15 every other year, beginning with the second October 

16 1 after the date of enactment of this Act, the head 

17 of each Federal public land agency who has author18 ity to manage Federal public land on which rec19 reational fishing, hunting, or recreational shooting 

20 occurs shall submit to the Committee on Natural 

21 Resources of the House of Representatives and the 

22 Committee on Energy and Natural Resources of the 

23 Senate a report that describes— 

24 (A) any Federal public land administered 

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1 reational fishing, hunting, or recreational shoot2 ing at any time during the preceding year; and 

3 (B) the reason for the closure. 

4 (6) CLOSURES OR SIGNIFICANT RESTRICTIONS

5 OF 1,280 OR MORE ACRES.— 

6 (A) IN GENERAL.—Other than closures es7 tablished or prescribed by land planning actions 

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

9 closures described in subparagraph (C), a per10 manent or temporary withdrawal, change of 

11 classification, or change of management status 

12 of Federal public land or water that effectively 

13 closes or significantly restricts 1,280 or more 

14 contiguous acres of Federal public land or 

15 water to access or use for recreational fishing 

16 or hunting or activities relating to fishing or 

17 hunting shall take effect only if, before the date 

18 of withdrawal or change, the head of the Fed19 eral public land agency that has jurisdiction 

20 over the Federal public land or water— 

21 (i) publishes appropriate notice of the 

22 withdrawal or change, respectively; 

23 (ii) demonstrates that coordination 

24 has occurred with a State fish and wildlife 

25 agency; and 


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1 (iii) submits to the Committee on 

2 Natural Resources of the House of Rep3 resentatives and the Committee on Energy 

4 and Natural Resources of the Senate writ5 ten notice of the withdrawal or change, re6 spectively. 

7 (B) AGGREGATE OR CUMULATIVE EF8 FECTS.—If the aggregate or cumulative effect 

9 of separate withdrawals or changes effectively 

10 closes or significantly restricts or affects 1,280 

11 or more acres of land or water, the withdrawals 

12 and changes shall be treated as a single with13 drawal or change for purposes of subparagraph 

14 (A). 

15 (C) EMERGENCY CLOSURES.— 

16 (i) IN GENERAL.—Nothing in this sec17 tion prohibits a Federal public land man18 agement agency from establishing or im19 plementing emergency closures or restric20 tions of the smallest practicable area of 

21 Federal public land to provide for public 

22 safety, resource conservation, national se23 curity, or other purposes authorized by 

24 law. 


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1 (ii) TERMINATION.—An emergency 

2 closure under clause (i) shall terminate 

3 after a reasonable period of time unless the 

4 temporary closure is converted to a perma5 nent closure consistent with this section. 

6 (7) NO PRIORITY.—Nothing in this section re7 quires a Federal agency to give preference to rec8 reational fishing, hunting, or recreational shooting 

9 over other uses of Federal public land or over land 

10 or water management priorities established by other 

11 Federal law. 

12 (8) CONSULTATION WITH COUNCILS.—In car13 rying out this section, the heads of Federal public 

14 land agencies shall consult with the appropriate ad15 visory councils established under Executive Order 

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

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

18 661 note; relating to facilitation of hunting heritage 

19 and wildlife conservation). 

20 (9) AUTHORITY OF STATES.— 

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

22 interferes with, diminishes, or conflicts with the 

23 authority, jurisdiction, or responsibility of any 

24 State to manage, control, or regulate fish and 

25 wildlife under State law (including regulations) 


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1 on land or water within the State, including on 

2 Federal public land. 

3 (B) FEDERAL LICENSES.— 

4 (i) IN GENERAL.—Except as provided 

5 in clause (ii), nothing in this subsection 

6 authorizes the head of a Federal public 

7 land agency head to require a license, fee, 

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

9 water in a State, including on Federal pub10 lic land in the State. 

11 (ii) MIGRATORY BIRD STAMPS.—Noth12 ing in this subparagraph affects any mi13 gratory bird stamp requirement of the Act 

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

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

16 Act’’). 

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

18 5 PERSONS OR FEWER. 

19 (a) PURPOSE.—The purpose of this section is to pro20 vide commercial film crews of 5 persons or fewer access 

21 to film in areas designated for public use during public 

22 hours on Federal land and waterways. 

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

24 106–206 (16 U.S.C. 460l–6d(a)) is amended— 


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

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

3 and indenting appropriately; 

4 (2) in the first sentence, by striking ‘‘The Sec5 retary of the Interior’’ and inserting the following: 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (4), the Secretary of the Interior’’; 

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

9 fee’’ and inserting the following: 

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

11 paragraph (1)’’; 

12 (4) in the third sentence, by striking ‘‘The Sec13 retary may’’ and inserting the following: 

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

15 may’’; and 

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

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

18 PERSONS OR FEWER.— 

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

20 paragraph, the term ‘film crew’ means any per21 sons present on Federal land or waterways 

22 under the jurisdiction of the Secretary who are 

23 associated with the production of a film. 

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

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1 retary shall require a permit and assess an an2 nual fee of $200 for commercial filming activi3 ties or similar projects on Federal land and wa4 terways administered by the Secretary. 

5 ‘‘(C) COMMERCIAL FILMING ACTIVITIES.— 

6 A permit issued under subparagraph (B) shall 

7 be valid for commercial filming activities or 

8 similar projects that occur in areas designated 

9 for public use during public hours on all Fed10 eral land and waterways administered by the 

11 Secretary for a 1-year period beginning on the 

12 date of issuance of the permit. 

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

14 holding a permit issued under this paragraph, 

15 during the effective period of the permit, the 

16 Secretary shall not assess any fees in addition 

17 to the fee assessed under subparagraph (B). 

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

19 shall not prohibit, as a mechanized apparatus 

20 or under any other purposes, use of cameras or 

21 related equipment used for the purpose of com22 mercial filming activities or similar projects in 

23 accordance with this paragraph on Federal land 

24 and waterways administered by the Secretary. 


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

2 crew of 5 persons or fewer subject to a permit 

3 issued under this paragraph shall notify the ap4 plicable land management agency with jurisdic5 tion over the Federal land at least 48 hours be6 fore entering the Federal land. 

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

8 the applicable land management agency may 

9 deny access to a film crew under this paragraph 

10 if— 

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

12 damage that cannot be mitigated; 

13 ‘‘(ii) there would be an unreasonable 

14 disruption of the use and enjoyment of the 

15 site by the public; 

16 ‘‘(iii) the activity poses health or safe17 ty risks to the public; or 

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

19 models or props that are not part of the 

20 natural or cultural resources or adminis21 trative facilities of the Federal land.’’. 

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

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

24 first sentence— 


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

2 ‘‘recover any costs’’; and 

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

4 ‘‘similar projects’’. 

5 TITLE II—HABITAT 

6 CONSERVATION 

7 SEC. 201. AVAILABILITY OF LAND AND WATER CONSERVA8 TION FUND FOR RECREATIONAL PUBLIC AC9 CESS PROJECTS. 

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

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

12 460l–6) is amended to read as follows: 

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

14 ‘‘(a) IN GENERAL.—Notwithstanding any other pro15 vision of this Act, the Secretary of the Interior and the 

16 Secretary of Agriculture shall ensure that, of the amounts 

17 appropriated for the fund for each fiscal year, not less 

18 than the greater of 1.5 percent of the amounts or 

19 $10,000,000 shall be made available for projects identified 

20 on the priority list developed under subsection (b). 

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

22 and the Secretary of Agriculture, in consultation with the 

23 head of each affected Federal agency, shall annually de24 velop a priority list for the sites under the jurisdiction of 

25 the applicable Secretary. 


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

2 list developed under subsection (b) shall secure rec3 reational public access to Federal public land in existence 

4 as of the date of enactment of this section that has signifi5 cantly restricted access for hunting, fishing, and other rec6 reational purposes through rights-of-way or acquisition of 

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

8 (b) CONFORMING AMENDMENTS.—The Land and 

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

10 4 et seq.) is amended— 

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

12 (16 U.S.C. 460l–5(c)(2)), by striking ‘‘notwith13 standing the provisions of section 3 of this Act’’; 

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

15 460l–10a), by striking ‘‘by section 3 of this Act’’; 

16 and 

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

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

19 Act’’. 

20 SEC. 202. FEDERAL LAND TRANSACTION FACILITATION 

21 ACT. 

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

23 Facilitation Act is amended— 


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

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

3 and inserting ‘‘is’’; 

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

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

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

7 and 

8 (B) by striking subsection (d); 

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

10 subsection (f); and 

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

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘96–568’’ and insert14 ing ‘‘96–586’’; and 

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

16 semicolon; 

17 (B) in paragraph (2)— 

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

19 263;’’ before ‘‘112 Stat.’’; and 

20 (ii) by striking the period at the end 

21 and inserting a semicolon; and 

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

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

24 Recreation, and Development Act of 2006 (Public 

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

17 in the Federal Land Disposal Account, there shall be 

18 transferred to the Treasury and used for Federal budget 

19 deficit reduction, $1,000,000 for each of fiscal years 2015 

20 through 2024. 

21 SEC. 203. NORTH AMERICAN WETLANDS CONSERVATION 

22 ACT. 

23 Section 7(c) of the North American Wetlands Con24 servation Act (16 U.S.C. 4406(c)) is amended— 

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


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

2 the end and inserting ‘‘; and’’; and 

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

4 ‘‘(6) $50,000,000 for each of fiscal years 2014 

5 through 2019.’’. 

6 SEC. 204. NATIONAL FISH AND WILDLIFE FOUNDATION ES7 TABLISHMENT ACT. 

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

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

10 Fish and Wildlife Foundation Establishment Act (16 

11 U.S.C. 3702) is amended— 

12 (A) in subsection (b)— 

13 (i) by striking paragraph (2) and in14 serting the following: 

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

16 Secretary of Commerce and considering the rec17 ommendations submitted by the Board, the Sec18 retary of the Interior shall appoint 28 Directors 

19 who, to the maximum extent practicable, shall— 

20 ‘‘(A) be knowledgeable and experienced in 

21 matters relating to the conservation of fish, 

22 wildlife, or other natural resources; and 

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

24 ocean, coastal, freshwater, and terrestrial re25 source conservation.’’; and 


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1 (ii) by striking paragraph (3) and in2 serting the following: 

3 ‘‘(3) TERMS.—Each Director (other than a Di4 rector described in paragraph (1)) shall be appointed 

5 for a term of 6 years.’’; and 

6 (B) in subsection (g)(2)— 

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

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

9 appointed until the Foundation has suffi10 cient funds to pay them for their service. 

11 Officers’’ and inserting the following: 

12 ‘‘(A) IN GENERAL.—Officers’’; and 

13 (ii) by striking subparagraph (B) and 

14 inserting the following: 

15 ‘‘(B) EXECUTIVE DIRECTOR.—The Foun16 dation shall have an Executive Director who 

17 shall be— 

18 ‘‘(i) appointed by, and serve at the di19 rection of, the Board as the chief executive 

20 officer of the Foundation; and 

21 ‘‘(ii) knowledgeable and experienced in 

22 matters relating to fish and wildlife con23 servation.’’. 

24 (2) CONFORMING AMENDMENT.—Section 

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1 servation Act (16 U.S.C. 4403(a)(1)(B)) is amended 

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

3 ‘‘Executive Director of the Board’’. 

4 (b) RIGHTS AND OBLIGATIONS OF THE FOUNDA5 TION.—Section 4 of the National Fish and Wildlife Foun6 dation Establishment Act (16 U.S.C. 3703) is amended— 

7 (1) in subsection (c)— 

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

9 out its purposes under’’ and inserting the fol10 lowing: 

11 ‘‘(c) POWERS.— 

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

13 described in’’; 

14 (B) by redesignating paragraphs (1) 

15 through (11) as subparagraphs (A) through 

16 (K), respectively, and indenting appropriately; 

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

18 by subparagraph (B)), by striking ‘‘that are in19 sured by an agency or instrumentality of the 

20 United States’’ and inserting ‘‘at 1 or more fi21 nancial institutions that are members of the 

22 Federal Deposit Insurance Corporation or the 

23 Securities Investment Protection Corporation’’; 

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

25 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 

25 as including easements or other rights for presVerDate Mar 15 2010 22:54 May 21, 2014 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S2363.PCS S2363

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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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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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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. 384 

113TH CONGRESS 

2D SESSION S. 2363 

A BILL 

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

MAY 21, 2014 

Read the second time and placed on the calendar 


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