II 

Calendar No. 15 

114TH CONGRESS 

1ST SESSION S. 405 

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

shooting, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 5, 2015 

Ms. MURKOWSKI (for herself, Mr. HEINRICH, Mr. RISCH, Ms. HEITKAMP, 

Mrs. FISCHER, and Mr. MANCHIN) introduced the following bill; which 

was read the first time 

FEBRUARY 9, 2015 

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 2015’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—REGULATORY REFORMS 

Sec. 101. Modification of definition of sport fishing equipment under the Toxic 

Substances Control Act. 

Sec. 102. Target practice and marksmanship. 

Sec. 103. Permits for importation of polar bear trophies taken in sport hunts 

in Canada. 

Sec. 104. Baiting of migratory game birds. 

Sec. 105. Recreational fishing, hunting, and recreational shooting on Federal 

public land. 

Sec. 106. Annual permit and fee for film crews of 5 persons or fewer. 

Sec. 107. Protecting the right of individuals to bear arms at water resources 

development projects. 

Sec. 108. Federal action transparency. 

Sec. 109. Bows in the Parks. 

TITLE II—HABITAT CONSERVATION 

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

public access projects. 

Sec. 202. Identifying opportunities for recreation, hunting, and fishing on Federal land. 

Sec. 203. Federal Land Transaction Facilitation Act. 

Sec. 204. North American Wetlands Conservation Act. 

Sec. 205. National Fish and Wildlife Foundation Establishment Act. 

1 TITLE I—REGULATORY 

2 REFORMS 

3 SEC. 101. MODIFICATION OF DEFINITION OF SPORT FISH4 ING EQUIPMENT UNDER THE TOXIC SUB5 STANCES CONTROL ACT. 

6 (a) IN GENERAL.—Section 3(2)(B) of the Toxic Sub7 stances Control Act (15 U.S.C. 2602(2)(B)) is amended— 

8 (1) in clause (v), by striking ‘‘, and’’ and insert9 ing ‘‘, or any component of any such article includ10 ing, without limitation, shot, bullets and other pro11 jectiles, propellants, and primers,’’; 

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

13 end and inserting ‘‘, and’’; and 


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

2 ‘‘(vii) any sport fishing equipment (as the term 

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

4 Internal Revenue Code of 1986, without regard to 

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

6 which is subject to the tax imposed by section 

7 4161(a) of such Code (determined without regard to 

8 any exemptions from such tax as provided by section 

9 4162 or 4221 or any other provision of such Code), 

10 and sport fishing equipment components.’’. 

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

12 amendments made by this section affects or limits the ap13 plication of, or the obligation to comply with, any other 

14 Federal, State, or local law. 

15 SEC. 102. TARGET PRACTICE AND MARKSMANSHIP. 

16 (a) PURPOSE.—The purpose of this section is to fa17 cilitate the construction and expansion of public target 

18 ranges, including ranges on Federal land managed by the 

19 Forest Service and the Bureau of Land Management. 

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

21 this section, the term ‘‘public target range’’ means a spe22 cific location that— 

23 (1) is identified by a governmental agency for 

24 recreational shooting; 

25 (2) is open to the public; 


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1 (3) may be supervised; and 

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

3 shotgun shooting. 

4 (c) AMENDMENTS TO PITTMAN-ROBERTSON WILD5 LIFE RESTORATION ACT.— 

6 (1) DEFINITIONS.—Section 2 of the Pittman7 Robertson Wildlife Restoration Act (16 U.S.C. 

8 669a) is amended— 

9 (A) by redesignating paragraphs (2) 

10 through (8) as paragraphs (3) through (9), re11 spectively; and 

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

13 following: 

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

15 specific location that— 

16 ‘‘(A) is identified by a governmental agen17 cy for recreational shooting; 

18 ‘‘(B) is open to the public; 

19 ‘‘(C) may be supervised; and 

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

21 pistol, or shotgun shooting;’’. 

22 (2) EXPENDITURES FOR MANAGEMENT OF

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

24 the Pittman-Robertson Wildlife Restoration Act (16 

25 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. 103. PERMITS FOR IMPORTATION OF POLAR BEAR 

2 TROPHIES TAKEN IN SPORT HUNTS IN CAN3 ADA. 

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

5 Act of 1972 (16 U.S.C. 1374(c)(5)) is amended by strik6 ing subparagraph (D) and inserting the following: 

7 ‘‘(D) POLAR BEAR PARTS.— 

8 ‘‘(i) IN GENERAL.—Notwithstanding 

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

10 (d)(3), and sections 101 and 102, the Sec11 retary of the Interior shall, expeditiously 

12 after the date on which the expiration of 

13 the applicable 30-day period described in 

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

15 for the importation of any polar bear part 

16 (other than an internal organ) from a 

17 polar bear taken in a sport hunt in Canada 

18 to any person— 

19 ‘‘(I) who submits, with the per20 mit application, proof that the polar 

21 bear was legally harvested by the per22 son before February 18, 1997; or 

23 ‘‘(II) who submitted, with a per24 mit application submitted before May 

25 15, 2008, proof that the polar bear 

26 was legally harvested from a polar 


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1 bear population from which a sport2 hunted trophy could be imported be3 fore May 15, 2008, in accordance 

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

5 of Federal Regulations (or a successor 

6 regulation) by the person before May 

7 15, 2008. 

8 ‘‘(ii) APPLICABILITY OF PROHIBITION

9 ON THE IMPORTATION OF A DEPLETED

10 SPECIES.— 

11 ‘‘(I) PARTS LEGALLY HARVESTED

12 BEFORE FEBRUARY 18, 1997.— 

13 ‘‘(aa) IN GENERAL.—Sec14 tions 101(a)(3)(B) and 102(b)(3) 

15 shall not apply to the importation 

16 of any polar bear part authorized 

17 by a permit issued under clause 

18 (i)(I). 

19 ‘‘(bb) APPLICABILITY.— 

20 Item (aa) shall not apply to polar 

21 bear parts imported before June 

22 12, 1997. 

23 ‘‘(II) PARTS LEGALLY HAR24 VESTED BEFORE MAY 15, 2008.— 


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1 ‘‘(aa) IN GENERAL.—Sec2 tions 101(a)(3)(B) and 102(b)(3) 

3 shall not apply to the importation 

4 of any polar bear part authorized 

5 by a permit issued under clause 

6 (i)(II). 

7 ‘‘(bb) APPLICABILITY.— 

8 Item (aa) shall not apply to polar 

9 bear parts imported before the 

10 date of enactment of the Bipar11 tisan Sportsmen’s Act of 2015.’’. 

12 SEC. 104. BAITING OF MIGRATORY GAME BIRDS. 

13 Section 3 of the Migratory Bird Treaty Act (16 

14 U.S.C. 704) is amended by striking subsection (b) and in15 serting the following: 

16 ‘‘(b) PROHIBITION OF BAITING.— 

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

18 ‘‘(A) BAITED AREA.— 

19 ‘‘(i) IN GENERAL.—The term ‘baited 

20 area’ means— 

21 ‘‘(I) any area on which salt, 

22 grain, or other feed has been placed, 

23 exposed, deposited, distributed, or 

24 scattered, if the salt, grain, or feed 


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1 could lure or attract migratory game 

2 birds; and 

3 ‘‘(II) in the case of waterfowl, 

4 cranes (family Gruidae), and coots 

5 (family Rallidae), a standing, 

6 unharvested crop that has been ma7 nipulated through activities such as 

8 mowing, discing, or rolling, unless the 

9 activities are normal agricultural prac10 tices. 

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

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

13 area— 

14 ‘‘(I) has been treated with a nor15 mal agricultural practice; 

16 ‘‘(II) has standing crops that 

17 have not been manipulated; or 

18 ‘‘(III) has standing crops that 

19 have been or are flooded. 

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

21 the direct or indirect placing, exposing, depos22 iting, distributing, or scattering of salt, grain, 

23 or other feed that could lure or attract migra24 tory game birds to, on, or over any areas on 


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1 which a hunter is attempting to take migratory 

2 game birds. 

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

4 ‘migratory game bird’ means migratory bird 

5 species— 

6 ‘‘(i) that are within the taxonomic 

7 families of Anatidae, Columbidae, Gruidae, 

8 Rallidae, and Scolopacidae; and 

9 ‘‘(ii) for which open seasons are pre10 scribed by the Secretary of the Interior. 

11 ‘‘(D) NORMAL AGRICULTURAL PRAC12 TICE.— 

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

14 agricultural practice’ means any practice in 

15 1 annual growing season that— 

16 ‘‘(I) is carried out in order to 

17 produce a marketable crop, including 

18 planting, harvest, post-harvest, or soil 

19 conservation practices; and 

20 ‘‘(II) is recommended for the 

21 successful harvest of a given crop by 

22 the applicable State office of the Co23 operative Extension System of the De24 partment of Agriculture, in consulta25 tion with, and if requested, the conVerDate Sep 11 2014 21:03 Feb 09, 2015 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S405.PCS S405

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1 currence of, the head of the applicable 

2 State department of fish and wildlife. 

3 ‘‘(ii) INCLUSIONS.— 

4 ‘‘(I) IN GENERAL.—Subject to 

5 subclause (II), the term ‘normal agri6 cultural practice’ includes the destruc7 tion of a crop in accordance with 

8 practices required by the Federal 

9 Crop Insurance Corporation for agri10 cultural producers to obtain crop in11 surance under the Federal Crop In12 surance Act (7 U.S.C. 1501 et seq.) 

13 on land on which a crop during the 

14 current or immediately preceding crop 

15 year was not harvestable due to a nat16 ural disaster (including any hurricane, 

17 storm, tornado, flood, high water, 

18 wind-driven water, tidal wave, tsu19 nami, earthquake, volcanic eruption, 

20 landslide, mudslide, drought, fire, 

21 snowstorm, or other catastrophe that 

22 is declared a major disaster by the 

23 President in accordance with section 

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1 aster Relief and Emergency Assist2 ance Act (42 U.S.C. 5170)). 

3 ‘‘(II) LIMITATIONS.—The term 

4 ‘normal agricultural practice’ only in5 cludes a crop described in subclause 

6 (I) that has been destroyed or manip7 ulated through activities that include 

8 (but are not limited to) mowing, 

9 discing, or rolling if the Federal Crop 

10 Insurance Corporation certifies that 

11 flooding was not an acceptable method 

12 of destruction to obtain crop insur13 ance under the Federal Crop Insur14 ance Act (7 U.S.C. 1501 et seq.). 

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

16 means native species of the family Anatidae. 

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

18 any person— 

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

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

21 person knows or reasonably should know that 

22 the area is a baited area; or 

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

24 bait on or adjacent to an area for the purpose 

25 of causing, inducing, or allowing any person to 


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1 take or attempt to take any migratory game 

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

3 ‘‘(3) REGULATIONS.—The Secretary of the In4 terior may promulgate regulations to implement this 

5 subsection. 

6 ‘‘(4) REPORTS.—Annually, the Secretary of Ag7 riculture shall submit to the Secretary of the Inte8 rior a report that describes any changes to normal 

9 agricultural practices across the range of crops 

10 grown by agricultural producers in each region of 

11 the United States in which the recommendations are 

12 provided to agricultural producers.’’. 

13 SEC. 105. RECREATIONAL FISHING, HUNTING, AND REC14 REATIONAL SHOOTING ON FEDERAL PUBLIC 

15 LAND. 

16 (a) DEFINITIONS.—In this section: 

17 (1) FEDERAL PUBLIC LAND.— 

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

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

20 (i) owned by the United States; and 

21 (ii) managed by a Federal agency (in22 cluding the Department of the Interior and 

23 the Forest Service) for purposes that in24 clude the conservation of natural resources. 


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1 (B) EXCLUSIONS.—The term ‘‘Federal 

2 public land’’ does not include— 

3 (i) land or water held or managed in 

4 trust for the benefit of Indian tribes or in5 dividual Indians; 

6 (ii) land or water managed by the Di7 rector of the National Park Service or the 

8 Director of the United States Fish and 

9 Wildlife Service; 

10 (iii) fish hatcheries; or 

11 (iv) conservation easements on private 

12 land. 

13 (2) HUNTING.— 

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

15 means use of a firearm, bow, or other author16 ized means in the lawful— 

17 (i) pursuit, shooting, capture, collec18 tion, trapping, or killing of wildlife; or 

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

20 collect, trap, or kill wildlife. 

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

22 does not include the use of skilled volunteers to 

23 cull excess animals (as defined by Federal law 

24 (including regulations)). 


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1 (3) RECREATIONAL FISHING.—The term ‘‘rec2 reational fishing’’ means— 

3 (A) an activity for sport or pleasure that 

4 involves the lawful— 

5 (i) catching, taking, or harvesting of 

6 fish; or 

7 (ii) attempted catching, taking, or 

8 harvesting of fish; or 

9 (B) any other activity for sport or pleasure 

10 that can reasonably be expected to result in the 

11 lawful catching, taking, or harvesting of fish. 

12 (4) RECREATIONAL SHOOTING.—The term 

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

14 training, competition, or pastime, whether formal or 

15 informal, that involves— 

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

17 shotgun; or 

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

19 (b) RECREATIONAL FISHING, HUNTING, AND REC20 REATIONAL SHOOTING.— 

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

22 rights, and in cooperation with the respective State 

23 fish and wildlife agency, a Federal public land man24 agement official shall exercise the authority of the 

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1 garding land use planning) to facilitate use of and 

2 access to Federal public land for recreational fish3 ing, hunting, and recreational shooting except as 

4 limited by— 

5 (A) any Federal law (including regula6 tions) that authorizes action or withholding ac7 tion for reasons of national security, public 

8 safety, or resource conservation; 

9 (B) any other Federal law (including regu10 lations) that precludes recreational fishing, 

11 hunting, or recreational shooting on specific 

12 Federal public land units of Federal public 

13 land, or water; or 

14 (C) discretionary limitations on rec15 reational fishing, hunting, and recreational 

16 shooting determined to be necessary and rea17 sonable, as supported by the best scientific evi18 dence and advanced through a transparent pub19 lic process. 

20 (2) MANAGEMENT.—Consistent with paragraph 

21 (1), the head of each Federal public land manage22 ment agency shall exercise the land management dis23 cretion of the head— 


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1 (A) in a manner that supports and facili2 tates recreational fishing, hunting, and rec3 reational shooting opportunities; 

4 (B) to the extent authorized under applica5 ble State law; and 

6 (C) in accordance with applicable Federal 

7 law. 

8 (3) PLANNING.— 

9 (A) EFFECTS OF PLANS AND ACTIVI10 TIES.— 

11 (i) EVALUATION OF EFFECTS ON OP12 PORTUNITIES TO ENGAGE IN REC13 REATIONAL FISHING, HUNTING, OR REC14 REATIONAL SHOOTING.—Federal public 

15 land planning documents (including land 

16 resources management plans, resource 

17 management plans, travel management 

18 plans, and energy development plans) shall 

19 include a specific evaluation of the effects 

20 of the plans on opportunities to engage in 

21 recreational fishing, hunting, or rec22 reational shooting. 

23 (ii) OTHER ACTIVITY NOT CONSID24 ERED.— 


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1 (I) IN GENERAL.—Federal public 

2 land management officials shall not be 

3 required to consider the existence or 

4 availability of recreational fishing, 

5 hunting, or recreational shooting op6 portunities on private or public land 

7 that is located adjacent to, or in the 

8 vicinity of, Federal public land for 

9 purposes of— 

10 (aa) planning for or deter11 mining which units of Federal 

12 public land are open for rec13 reational fishing, hunting, or rec14 reational shooting; or 

15 (bb) setting the levels of use 

16 for recreational fishing, hunting, 

17 or recreational shooting on Fed18 eral public land. 

19 (II) ENHANCED OPPORTUNI20 TIES.—Federal public land manage21 ment officials may consider the oppor22 tunities described in subclause (I) if 

23 the combination of those opportunities 

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1 ing, hunting, or shooting opportunities 

2 available to the public. 

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

4 prohibited by law, all Federal public land plan5 ning documents described in subparagraph 

6 (A)(i) of an agency shall, after appropriate co7 ordination with State fish and wildlife agencies, 

8 allow the participation of skilled volunteers in 

9 the culling and other management of wildlife 

10 populations on Federal public land unless the 

11 head of the agency demonstrates, based on the 

12 best scientific data available or applicable Fed13 eral law, why skilled volunteers should not be 

14 used to control overpopulation of wildlife on the 

15 land that is the subject of the planning docu16 ment. 

17 (4) BUREAU OF LAND MANAGEMENT AND FOR18 EST SERVICE LAND.— 

19 (A) LAND OPEN.— 

20 (i) IN GENERAL.—Land under the ju21 risdiction of the Bureau of Land Manage22 ment or the Forest Service (including a 

23 component of the National Wilderness 

24 Preservation System, land designated as a 

25 wilderness study area or administratively 


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1 classified as wilderness eligible or suitable, 

2 and primitive or semiprimitive areas, but 

3 excluding land on the outer Continental 

4 Shelf) shall be open to recreational fishing, 

5 hunting, and recreational shooting unless 

6 the managing Federal public land agency 

7 acts to close the land to the activity. 

8 (ii) MOTORIZED ACCESS.—Nothing in 

9 this subparagraph authorizes or requires 

10 motorized access or the use of motorized 

11 vehicles for recreational fishing, hunting, 

12 or recreational shooting purposes within 

13 land designated as a wilderness study area 

14 or administratively classified as wilderness 

15 eligible or suitable. 

16 (B) CLOSURE OR RESTRICTION.—Land de17 scribed in subparagraph (A)(i) may be subject 

18 to closures or restrictions if determined by the 

19 head of the agency to be necessary and reason20 able and supported by facts and evidence for 

21 purposes including resource conservation, public 

22 safety, energy or mineral production, energy 

23 generation or transmission infrastructure, water 

24 supply facilities, protection of other permittees, 

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1 ests, national security, or compliance with other 

2 law, as determined appropriate by the Director 

3 of the Bureau of Land Management or the 

4 Chief of the Forest Service, as applicable. 

5 (C) SHOOTING RANGES.— 

6 (i) IN GENERAL.—Except as provided 

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

8 public land agency may use the authorities 

9 of the head, in a manner consistent with 

10 this section and other applicable law— 

11 (I) to lease or permit use of land 

12 under the jurisdiction of the head for 

13 shooting ranges; and 

14 (II) to designate specific land 

15 under the jurisdiction of the head for 

16 recreational shooting activities. 

17 (ii) LIMITATION ON LIABILITY.—Any 

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

19 subject the United States to any civil ac20 tion or claim for monetary damages for in21 jury or loss of property or personal injury 

22 or death caused by any recreational shoot23 ing activity occurring at or on the des24 ignated land. 


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1 (iii) EXCEPTION.—The head of each 

2 Federal public land agency shall not lease 

3 or permit use of Federal public land for 

4 shooting ranges or designate land for rec5 reational shooting activities within a com6 ponent of the National Wilderness Preser7 vation System, land designated as a wilder8 ness study area or administratively classi9 fied as wilderness eligible or suitable, and 

10 primitive or semiprimitive areas. 

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

12 every other year, beginning with the second October 

13 1 after the date of enactment of this Act, the head 

14 of each Federal public land agency who has author15 ity to manage Federal public land on which rec16 reational fishing, hunting, or recreational shooting 

17 occurs shall submit to the Committee on Natural 

18 Resources of the House of Representatives and the 

19 Committee on Energy and Natural Resources of the 

20 Senate a report that describes— 

21 (A) any Federal public land administered 

22 by the agency head that was closed to rec23 reational fishing, hunting, or recreational shoot24 ing at any time during the preceding year; and 

25 (B) the reason for the closure. 


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1 (6) CLOSURES OR SIGNIFICANT RESTRICTIONS

2 OF 1,280 OR MORE ACRES.— 

3 (A) IN GENERAL.—Other than closures es4 tablished or prescribed by land planning actions 

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

6 closures described in subparagraph (C), a per7 manent or temporary withdrawal, change of 

8 classification, or change of management status 

9 of Federal public land or water that effectively 

10 closes or significantly restricts 1,280 or more 

11 contiguous acres of Federal public land or 

12 water to access or use for recreational fishing 

13 or hunting or activities relating to fishing or 

14 hunting shall take effect only if, before the date 

15 of withdrawal or change, the head of the Fed16 eral public land agency that has jurisdiction 

17 over the Federal public land or water— 

18 (i) publishes appropriate notice of the 

19 withdrawal or change, respectively; 

20 (ii) demonstrates that coordination 

21 has occurred with a State fish and wildlife 

22 agency; and 

23 (iii) submits to the Committee on 

24 Natural Resources of the House of Rep25 resentatives and the Committee on Energy 


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1 and Natural Resources of the Senate writ2 ten notice of the withdrawal or change, re3 spectively. 

4 (B) AGGREGATE OR CUMULATIVE EF5 FECTS.—If the aggregate or cumulative effect 

6 of separate withdrawals or changes effectively 

7 closes or significantly restricts or affects 1,280 

8 or more acres of land or water, the withdrawals 

9 and changes shall be treated as a single with10 drawal or change for purposes of subparagraph 

11 (A). 

12 (C) EMERGENCY CLOSURES.— 

13 (i) IN GENERAL.—Nothing in this sec14 tion prohibits a Federal public land man15 agement agency from establishing or im16 plementing emergency closures or restric17 tions of the smallest practicable area of 

18 Federal public land to provide for public 

19 safety, resource conservation, national se20 curity, or other purposes authorized by 

21 law. 

22 (ii) TERMINATION.—An emergency 

23 closure under clause (i) shall terminate 

24 after a reasonable period of time unless the 


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1 temporary closure is converted to a perma2 nent closure consistent with this section. 

3 (7) NO PRIORITY.—Nothing in this section re4 quires a Federal agency to give preference to rec5 reational fishing, hunting, or recreational shooting 

6 over other uses of Federal public land or over land 

7 or water management priorities established by other 

8 Federal law. 

9 (8) CONSULTATION WITH COUNCILS.—In car10 rying out this section, the heads of Federal public 

11 land agencies shall consult with the appropriate ad12 visory councils established under Executive Order 

13 12962 (16 U.S.C. 1801 note; relating to recreational 

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

15 661 note; relating to facilitation of hunting heritage 

16 and wildlife conservation). 

17 (9) AUTHORITY OF STATES.— 

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

19 interferes with, diminishes, or conflicts with the 

20 authority, jurisdiction, or responsibility of any 

21 State to manage, control, or regulate fish and 

22 wildlife under State law (including regulations) 

23 on land or water within the State, including on 

24 Federal public land. 

25 (B) FEDERAL LICENSES.— 


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1 (i) IN GENERAL.—Except as provided 

2 in clause (ii), nothing in this subsection 

3 authorizes the head of a Federal public 

4 land agency head to require a license, fee, 

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

6 water in a State, including on Federal pub7 lic land in the State. 

8 (ii) MIGRATORY BIRD STAMPS.—Noth9 ing in this subparagraph affects any mi10 gratory bird stamp requirement of the Mi11 gratory Bird Hunting and Conservation 

12 Stamp Act (16 U.S.C. 718a et seq.). 

13 SEC. 106. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 

14 5 PERSONS OR FEWER. 

15 (a) PURPOSE.—The purpose of this section is to pro16 vide commercial film crews of 5 persons or fewer access 

17 to film in areas designated for public use during public 

18 hours on Federal land and waterways. 

19 (b) NATIONAL PARK SYSTEM LAND.—Section 

20 100905 of title 54, United States Code, is amended— 

21 (1) in subsection (a)— 

22 (A) in paragraph (1), by striking ‘‘The 

23 Secretary’’ and inserting ‘‘Except as provided 

24 in paragraph (3), the Secretary’’; and 

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


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1 ‘‘(3) SPECIAL RULES FOR FILM CREWS OF 5

2 PERSONS OR FEWER.— 

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

4 paragraph, the term ‘film crew’ means any per5 sons present on Federal land or waterways 

6 under the jurisdiction of the Secretary who are 

7 associated with the production of a film. 

8 ‘‘(B) REQUIRED PERMIT AND FEE.—For 

9 any film crew of 5 persons or fewer, the Sec10 retary shall require a permit and assess an an11 nual fee of $200 for commercial filming activi12 ties or similar projects on Federal land and wa13 terways administered by the Secretary. 

14 ‘‘(C) COMMERCIAL FILMING ACTIVITIES.— 

15 A permit issued under subparagraph (B) shall 

16 be valid for commercial filming activities or 

17 similar projects that occur in areas designated 

18 for public use during public hours on all Fed19 eral land and waterways administered by the 

20 Secretary for a 1-year period beginning on the 

21 date of issuance of the permit. 

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

23 holding a permit issued under this paragraph, 

24 during the effective period of the permit, the 


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1 Secretary shall not assess any fees in addition 

2 to the fee assessed under subparagraph (B). 

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

4 shall not prohibit, as a mechanized apparatus 

5 or under any other purposes, use of cameras or 

6 related equipment used for the purpose of com7 mercial filming activities or similar projects in 

8 accordance with this paragraph on Federal land 

9 and waterways administered by the Secretary. 

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

11 crew of 5 persons or fewer subject to a permit 

12 issued under this paragraph shall notify the ap13 plicable land management agency with jurisdic14 tion over the Federal land at least 48 hours be15 fore entering the Federal land. 

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

17 the applicable land management agency may 

18 deny access to a film crew under this paragraph 

19 if— 

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

21 damage that cannot be mitigated; 

22 ‘‘(ii) there would be an unreasonable 

23 disruption of the use and enjoyment of the 

24 site by the public; 


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1 ‘‘(iii) the activity poses health or safe2 ty risks to the public; or 

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

4 models or props that are not part of the 

5 natural or cultural resources or adminis6 trative facilities of the Federal land.’’; and 

7 (2) in the first sentence of subsection (b), by 

8 striking ‘‘collect any costs’’ and inserting ‘‘recover 

9 any costs’’. 

10 (c) OTHER FEDERAL LAND.—Section 1 of Public 

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

12 (1) in subsection (a)— 

13 (A) in paragraph (1), by striking ‘‘The 

14 Secretary’’ and inserting ‘‘Except as provided 

15 in paragraph (3), the Secretary’’; and 

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

17 ‘‘(3) 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.’’; and 

22 (2) in the first sentence of subsection (b)— 

23 (A) by striking ‘‘collect any costs’’ and in24 serting ‘‘recover any costs’’; and 


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1 (B) by striking ‘‘similar project’’ and in2 serting ‘‘similar projects’’. 

3 SEC. 107. PROTECTING THE RIGHT OF INDIVIDUALS TO 

4 BEAR ARMS AT WATER RESOURCES DEVEL5 OPMENT PROJECTS. 

6 The Secretary of the Army shall not promulgate or 

7 enforce any regulation that prohibits an individual from 

8 possessing a firearm, including an assembled or functional 

9 firearm, in any area open to the public (other than a Fed10 eral facility as defined in section 930(g) of title 18, United 

11 States Code) at a water resources development project 

12 covered under section 327.0 of title 36, Code of Federal 

13 Regulations (as in effect on the date of enactment of this 

14 Act), if— 

15 (1) the individual is not otherwise prohibited by 

16 law from possessing the firearm; and 

17 (2) the possession of the firearm is in compli18 ance with the law of the State in which the water 

19 resources development project is located. 

20 SEC. 108. FEDERAL ACTION TRANSPARENCY. 

21 (a) MODIFICATION OF EQUAL ACCESS TO JUSTICE

22 PROVISIONS.— 

23 (1) AGENCY PROCEEDINGS.—Section 504 of 

24 title 5, United States Code, is amended— 


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1 (A) in subsection (c)(1), by striking ‘‘, 

2 United States Code’’; 

3 (B) by redesignating subsection (f) as sub4 section (i); and 

5 (C) by striking subsection (e) and inserting 

6 the following: 

7 ‘‘(e)(1) Not later than March 31 of the first fiscal 

8 year beginning after the date of enactment of the Bipar9 tisan Sportsmen’s Act of 2015, and every fiscal year there10 after, the Chairman of the Administrative Conference of 

11 the United States, after consultation with the Chief Coun12 sel for Advocacy of the Small Business Administration, 

13 shall submit to Congress and make publicly available on14 line a report on the amount of fees and other expenses 

15 awarded during the preceding fiscal year under this sec16 tion. 

17 ‘‘(2) Each report under paragraph (1) shall describe 

18 the number, nature, and amount of the awards, the claims 

19 involved in the controversy, and any other relevant infor20 mation that may aid Congress in evaluating the scope and 

21 impact of such awards. 

22 ‘‘(3)(A) Each report under paragraph (1) shall ac23 count for all payments of fees and other expenses awarded 

24 under this section that are made pursuant to a settlement 

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1 ment is sealed or otherwise subject to a nondisclosure pro2 vision. 

3 ‘‘(B) The disclosure of fees and other expenses re4 quired under subparagraph (A) shall not affect any other 

5 information that is subject to a nondisclosure provision in 

6 a settlement agreement. 

7 ‘‘(f) As soon as practicable, and in any event not later 

8 than the date on which the first report under subsection 

9 (e)(1) is required to be submitted, the Chairman of the 

10 Administrative Conference of the United States shall cre11 ate and maintain online a searchable database containing, 

12 with respect to each award of fees and other expenses 

13 under this section made on or after the date of enactment 

14 of the Bipartisan Sportsmen’s Act of 2015, the following 

15 information: 

16 ‘‘(1) The case name and number of the adver17 sary adjudication, if available, hyperlinked to the 

18 case, if available. 

19 ‘‘(2) The name of the agency involved in the 

20 adversary adjudication. 

21 ‘‘(3) A description of the claims in the adver22 sary adjudication. 

23 ‘‘(4) The name of each party to whom the 

24 award was made. 

25 ‘‘(5) The amount of the award. 


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1 ‘‘(6) The basis for the finding that the position 

2 of the agency concerned was not substantially justi3 fied. 

4 ‘‘(g) The online searchable database described in sub5 section (f) may not reveal any information the disclosure 

6 of which is prohibited by law or a court order. 

7 ‘‘(h) The head of each agency shall provide to the 

8 Chairman of the Administrative Conference of the United 

9 States in a timely manner all information requested by 

10 the Chairman to comply with the requirements of sub11 sections (e), (f), and (g).’’. 

12 (2) COURT CASES.—Section 2412(d) of title 28, 

13 United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘(5)(A) Not later than March 31 of the first fiscal 

16 year beginning after the date of enactment of the Bipar17 tisan Sportsmen’s Act of 2015, and every fiscal year there18 after, the Chairman of the Administrative Conference of 

19 the United States shall submit to Congress and make pub20 licly available online a report on the amount of fees and 

21 other expenses awarded during the preceding fiscal year 

22 pursuant to this subsection. 

23 ‘‘(B) Each report under subparagraph (A) shall de24 scribe the number, nature, and amount of the awards, the 

25 claims involved in the controversy, and any other relevant 


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1 information that may aid Congress in evaluating the scope 

2 and impact of such awards. 

3 ‘‘(C)(i) Each report under subparagraph (A) shall ac4 count for all payments of fees and other expenses awarded 

5 under this subsection that are made pursuant to a settle6 ment agreement, regardless of whether the settlement 

7 agreement is sealed or otherwise subject to a nondisclosure 

8 provision. 

9 ‘‘(ii) The disclosure of fees and other expenses re10 quired under clause (i) shall not affect any other informa11 tion that is subject to a nondisclosure provision in a settle12 ment agreement. 

13 ‘‘(D) The Chairman of the Administrative Conference 

14 of the United States shall include and clearly identify in 

15 each annual report under subparagraph (A), for each case 

16 in which an award of fees and other expenses is included 

17 in the report— 

18 ‘‘(i) any amounts paid under section 1304 of 

19 title 31 for a judgment in the case; 

20 ‘‘(ii) the amount of the award of fees and other 

21 expenses; and 

22 ‘‘(iii) the statute under which the plaintiff filed 

23 suit. 

24 ‘‘(6) As soon as practicable, and in any event not 

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1 graph (5)(A) is required to be submitted, the Chairman 

2 of the Administrative Conference of the United States 

3 shall create and maintain online a searchable database 

4 containing, with respect to each award of fees and other 

5 expenses under this subsection made on or after the date 

6 of enactment of the Bipartisan Sportsmen’s Act of 2015, 

7 the following information: 

8 ‘‘(A) The case name and number, hyperlinked 

9 to the case, if available. 

10 ‘‘(B) The name of the agency involved in the 

11 case. 

12 ‘‘(C) The name of each party to whom the 

13 award was made. 

14 ‘‘(D) A description of the claims in the case. 

15 ‘‘(E) The amount of the award. 

16 ‘‘(F) The basis for the finding that the position 

17 of the agency concerned was not substantially justi18 fied. 

19 ‘‘(7) The online searchable database described in 

20 paragraph (6) may not reveal any information the disclo21 sure of which is prohibited by law or a court order. 

22 ‘‘(8) The head of each agency (including the Attorney 

23 General of the United States) shall provide to the Chair24 man of the Administrative Conference of the United 

25 States in a timely manner all information requested by 


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1 the Chairman to comply with the requirements of para2 graphs (5), (6), and (7).’’. 

3 (3) TECHNICAL AND CONFORMING AMEND4 MENTS.—Section 2412 of title 28, United States 

5 Code, is amended— 

6 (A) in subsection (d)(3), by striking 

7 ‘‘United States Code,’’; and 

8 (B) in subsection (e)— 

9 (i) by striking ‘‘of section 2412 of 

10 title 28, United States Code,’’ and insert11 ing ‘‘of this section’’; and 

12 (ii) by striking ‘‘of such title’’ and in13 serting ‘‘of this title’’. 

14 (b) JUDGMENT FUND TRANSPARENCY.—Section 

15 1304 of title 31, United States Code, is amended by add16 ing at the end the following: 

17 ‘‘(d) Beginning not later than the date that is 60 

18 days after the date of enactment of the Bipartisan Sports19 men’s Act of 2015, and unless the disclosure of such infor20 mation is otherwise prohibited by law or a court order, 

21 the Secretary of the Treasury shall make available to the 

22 public on a website, as soon as practicable, but not later 

23 than 30 days after the date on which a payment under 

24 this section is tendered, the following information with re25 gard to that payment: 


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1 ‘‘(1) The name of the specific agency or entity 

2 whose actions gave rise to the claim or judgment. 

3 ‘‘(2) The name of the plaintiff or claimant. 

4 ‘‘(3) The name of counsel for the plaintiff or 

5 claimant. 

6 ‘‘(4) The amount paid representing principal li7 ability, and any amounts paid representing any an8 cillary liability, including attorney fees, costs, and 

9 interest. 

10 ‘‘(5) A brief description of the facts that gave 

11 rise to the claim. 

12 ‘‘(6) The name of the agency that submitted 

13 the claim.’’. 

14 SEC. 109. BOWS IN THE PARKS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) DIRECTOR.—The term ‘‘Director’’ means 

17 the Director of the National Park Service. 

18 (2) NOT READY FOR IMMEDIATE USE.—The 

19 term ‘‘not ready for immediate use’’ means— 

20 (A) a bow or crossbow, the arrows of which 

21 are secured or stowed in a quiver or other 

22 arrow transport case; and 

23 (B) with respect to a crossbow, uncocked. 

24 (b) VEHICULAR TRANSPORTATION AUTHORIZED.— 

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1 tion that prohibits an individual from transporting bows 

2 and crossbows that are not ready for immediate use across 

3 any unit of the National Park System in the vehicle of 

4 the individual if— 

5 (1) the individual is not otherwise prohibited by 

6 law from possessing the bows and crossbows; 

7 (2) the bows or crossbows that are not ready 

8 for immediate use remain inside the vehicle of the 

9 individual throughout the period during which the 

10 bows or crossbows are transported across National 

11 Park System land; and 

12 (3) the possession of the bows and crossbows is 

13 in compliance with the law of the State in which the 

14 unit of the National Park System is located. 

15 TITLE II—HABITAT 

16 CONSERVATION 

17 SEC. 201. AVAILABILITY OF LAND AND WATER CONSERVA18 TION FUND FOR RECREATIONAL PUBLIC AC19 CESS PROJECTS. 

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

21 title 54, United States Code, is amended to read as fol22 lows: 

23 ‘‘§ 200303. Availability of funds for certain projects 

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

25 Secretary and the Secretary of Agriculture shall ensure 


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

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

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

4 projects that secure public access to Federal land for hunt5 ing, fishing, and other recreational purposes through ease6 ments, rights-of-way, or fee title acquisitions from willing 

7 sellers.’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) AVAILABILITY OF DEPOSITS.—Section 

10 200302(c)(3) of title 54, United States Code, is 

11 amended by striking ‘‘Notwithstanding section 

12 200303 of this title, money’’ and inserting ‘‘Money’’. 

13 (2) CONTRACTS FOR ACQUISITION OF LAND

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

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

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

17 (3) CONTRACTS FOR OPTIONS TO ACQUIRE

18 LAND AND WATER IN SYSTEM.—Section 200309 of 

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

20 sentence by striking ‘‘by section 200303 of this 

21 title’’. 

22 SEC. 202. IDENTIFYING OPPORTUNITIES FOR RECREATION, 

23 HUNTING, AND FISHING ON FEDERAL LAND. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) FEDERAL PUBLIC LAND MANAGEMENT

2 AGENCY.—The term ‘‘Federal public land manage3 ment agency’’ means any of the National Park Serv4 ice, the United States Fish and Wildlife Service, the 

5 Forest Service, and the Bureau of Land Manage6 ment. 

7 (2) STATE OR REGIONAL OFFICE.—The term 

8 ‘‘State or regional office’’ means— 

9 (A) a State office of the Bureau of Land 

10 Management; or 

11 (B) a regional office of the National Park 

12 Service, the United States Fish and Wildlife 

13 Service, or the Forest Service. 

14 (3) TRAVEL MANAGEMENT PLAN.—The term 

15 ‘‘travel management plan’’ means a plan for the 

16 management of travel— 

17 (A) with respect to land under the jurisdic18 tion of the National Park Service, on park 

19 roads and designated routes under section 4.10 

20 of title 36, Code of Federal Regulations (or suc21 cessor regulations); 

22 (B) with respect to land under the jurisdic23 tion of the United States Fish and Wildlife 

24 Service, on the land under a comprehensive con25 servation plan prepared under section 4(e) of 


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1 the National Wildlife Refuge System Adminis2 tration Act of 1966 (16 U.S.C. 668dd(e)); 

3 (C) with respect to land under the jurisdic4 tion of the Forest Service, on National Forest 

5 System land under part 212 of title 36, Code 

6 of Federal Regulations (or successor regula7 tions); and 

8 (D) with respect to land under the jurisdic9 tion of the Bureau of Land Management, under 

10 a resource management plan developed under 

11 the Federal Land Policy and Management Act 

12 of 1976 (43 U.S.C. 1701 et seq.). 

13 (b) PRIORITY LISTS REQUIRED.— 

14 (1) IN GENERAL.—Not later than 180 days 

15 after the date of enactment of this Act, annually 

16 during the 10-year period beginning on the date on 

17 which the first priority list is completed, and every 

18 5 years after the end of the 10-year period, each 

19 head of each State or regional office shall prepare a 

20 priority list, to be made publicly available on the 

21 website of the applicable Federal public land man22 agement agency, which shall identify the location 

23 and acreage of land under the jurisdiction of the 

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1 lowed, under Federal or State law, to hunt, fish, or 

2 use the land for other recreational purposes but— 

3 (A) to which there is no public access or 

4 egress; or 

5 (B) to which public access or egress to the 

6 legal boundaries of the land is significantly re7 stricted (as determined by the head of the State 

8 or regional office). 

9 (2) MINIMUM SIZE.—Any land identified under 

10 paragraph (1) shall consist of contiguous acreage of 

11 at least 640 acres. 

12 (3) CONSIDERATIONS.—In preparing the pri13 ority list required under paragraph (1), the head of 

14 the State or regional office shall consider with re15 spect to the land— 

16 (A) whether access is absent or merely re17 stricted, including the extent of the restriction; 

18 (B) the likelihood of resolving the absence 

19 of or restriction to public access; 

20 (C) the potential for recreational use; 

21 (D) any information received from the 

22 public or other stakeholders during the nomina23 tion process described in paragraph (5); and 

24 (E) any other factor as determined by the 

25 head of the State or regional office. 


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1 (4) ADJACENT LAND STATUS.—For each parcel 

2 of land on the priority list, the head of the State or 

3 regional office shall state whether resolving the issue 

4 of public access or egress to the land would require 

5 acquisition of an easement, right-of-way, or fee title 

6 from— 

7 (A) another Federal agency; 

8 (B) a State, local, or tribal government; or 

9 (C) a private landowner. 

10 (5) NOMINATION PROCESS.—In preparing a pri11 ority list under this section, the head of the State 

12 or regional office shall provide an opportunity for 

13 members of the public to nominate parcels for inclu14 sion on the priority list. 

15 (c) ACCESS OPTIONS.—With respect to land included 

16 on a priority list described in subsection (b), the head of 

17 the State or regional office shall develop and submit to 

18 the Committees on Appropriations and Energy and Nat19 ural Resources of the Senate and the Committees on Ap20 propriations and Natural Resources of the House of Rep21 resentatives a report on options for providing access 

22 that— 

23 (1) identifies how public access and egress 

24 could reasonably be provided to the legal boundaries 


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1 of the land in a manner that minimizes the impact 

2 on wildlife habitat and water quality; 

3 (2) specifies the steps recommended to secure 

4 the access and egress, including acquiring an ease5 ment, right-of-way, or fee title from a willing owner 

6 of any land that abuts the land or the need to co7 ordinate with State land management agencies or 

8 other Federal, State, or tribal governments to allow 

9 for such access and egress; and 

10 (3) is consistent with the travel management 

11 plan in effect on the land. 

12 (d) PROTECTION OF PERSONALLY IDENTIFYING IN13 FORMATION.—In making the priority list and report pre14 pared under subsections (b) and (c) available, the head 

15 of the State or regional office shall ensure that no person16 ally identifying information is included, such as names or 

17 addresses of individuals or entities. 

18 (e) WILLING OWNERS.—For purposes of providing 

19 any permits to, or entering into agreements with, a State, 

20 local, or tribal government or private landowner with re21 spect to the use of land under the jurisdiction of the gov22 ernment or landowner, a Federal land management agen23 cy shall not take into account whether the State, local, 

24 or tribal government or private landowner has granted or 

25 denied public access or egress to the land. 


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1 (f) MEANS OF PUBLIC ACCESS AND EGRESS IN2 CLUDED.—In considering public access and egress under 

3 subsections (b) and (c), the head of the applicable Federal 

4 public land management agency shall consider public ac5 cess and egress to the legal boundaries of the land de6 scribed in those subsections, including access and egress— 

7 (1) by motorized or non-motorized vehicles; and 

8 (2) on foot or horseback. 

9 (g) EFFECT.— 

10 (1) IN GENERAL.—This section shall have no 

11 effect on whether a particular recreational use shall 

12 be allowed on the land included in a priority list 

13 under this section. 

14 (2) EFFECT OF ALLOWABLE USES ON AGENCY

15 CONSIDERATION.—In preparing the priority list 

16 under subsection (b), the head of the applicable 

17 State or regional office shall only consider rec18 reational uses that are allowed on the land at the 

19 time that the priority list is prepared. 

20 SEC. 203. 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) FUNDS TO THE TREASURY.—Of the amounts de17 posited in the Federal Land Disposal Account, there shall 

18 be transferred to the Treasury $1,000,000 for each of fis19 cal years 2016 through 2025. 

20 SEC. 204. NORTH AMERICAN WETLANDS CONSERVATION 

21 ACT. 

22 Section 7(c) of the North American Wetlands Con23 servation Act (16 U.S.C. 4406(c)) is amended— 

24 (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 2015 

5 through 2020.’’. 

6 SEC. 205. 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 

25 4(a)(1)(B) of the North American Wetlands ConVerDate Sep 11 2014 21:03 Feb 09, 2015 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S405.PCS S405

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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 Sep 11 2014 21:03 Feb 09, 2015 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S405.PCS S405

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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 2015 through 2020— 

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. 15 

114TH CONGRESS 

1ST SESSION S. 405 

A BILL 

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

FEBRUARY 9, 2015 

Read the second time and placed on the calendar 


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