II 

114TH CONGRESS 

1ST SESSION S. 556 

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

shooting, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 25, 2015 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

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: 

Sec. 1. Short title; table of contents. 

TITLE I—REGULATORY REFORMS 

Sec. 101. Recreational fishing, hunting, and recreational shooting on Federal 

public land. 

Sec. 102. Annual permit and fee for film crews of 5 persons or fewer. 


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Sec. 103. Federal action transparency. 

Sec. 104. 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. 

1 TITLE I—REGULATORY 

2 REFORMS 

3 SEC. 101. RECREATIONAL FISHING, HUNTING, AND REC4 REATIONAL SHOOTING ON FEDERAL PUBLIC 

5 LAND. 

6 (a) DEFINITIONS.—In this section: 

7 (1) FEDERAL PUBLIC LAND.— 

8 (A) IN GENERAL.—The term ‘‘Federal 

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

10 (i) owned by the United States; and 

11 (ii) managed by a Federal agency (in12 cluding the Department of the Interior and 

13 the Forest Service) for purposes that in14 clude the conservation of natural resources. 

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

16 public land’’ does not include— 

17 (i) land or water held or managed in 

18 trust for the benefit of Indian tribes or in19 dividual Indians; 

20 (ii) land or water managed by the Di21 rector of the National Park Service or the 


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1 Director of the United States Fish and 

2 Wildlife Service; 

3 (iii) fish hatcheries; or 

4 (iv) conservation easements on private 

5 land. 

6 (2) HUNTING.— 

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

8 means use of a firearm, bow, or other author9 ized means in the lawful— 

10 (i) pursuit, shooting, capture, collec11 tion, trapping, or killing of wildlife; or 

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

13 collect, trap, or kill wildlife. 

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

15 does not include the use of skilled volunteers to 

16 cull excess animals (as defined by Federal law 

17 (including regulations)). 

18 (3) RECREATIONAL FISHING.—The term ‘‘rec19 reational fishing’’ means— 

20 (A) an activity for sport or pleasure that 

21 involves the lawful— 

22 (i) catching, taking, or harvesting of 

23 fish; or 

24 (ii) attempted catching, taking, or 

25 harvesting of fish; or 


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1 (B) any other activity for sport or pleasure 

2 that can reasonably be expected to result in the 

3 lawful catching, taking, or harvesting of fish. 

4 (4) RECREATIONAL SHOOTING.—The term 

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

6 training, competition, or pastime, whether formal or 

7 informal, that involves— 

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

9 shotgun; or 

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

11 (b) RECREATIONAL FISHING, HUNTING, AND REC12 REATIONAL SHOOTING.— 

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

14 rights, and in cooperation with the respective State 

15 fish and wildlife agency, a Federal public land man16 agement official shall exercise the authority of the 

17 official under existing law (including provisions re18 garding land use planning) to facilitate use of and 

19 access to Federal public land for recreational fish20 ing, hunting, and recreational shooting except as 

21 limited by— 

22 (A) any Federal law (including regula23 tions) that authorizes action or withholding ac24 tion for reasons of national security, public 

25 safety, or resource conservation; 


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1 (B) any other Federal law (including regu2 lations) that precludes recreational fishing, 

3 hunting, or recreational shooting on specific 

4 Federal public land units of Federal public 

5 land, or water; or 

6 (C) discretionary limitations on rec7 reational fishing, hunting, and recreational 

8 shooting determined to be necessary and rea9 sonable, as supported by the best scientific evi10 dence and advanced through a transparent pub11 lic process. 

12 (2) MANAGEMENT.—Consistent with paragraph 

13 (1), the head of each Federal public land manage14 ment agency shall exercise the land management dis15 cretion of the head— 

16 (A) in a manner that supports and facili17 tates recreational fishing, hunting, and rec18 reational shooting opportunities; 

19 (B) to the extent authorized under applica20 ble State law; and 

21 (C) in accordance with applicable Federal 

22 law. 

23 (3) PLANNING.— 

24 (A) EFFECTS OF PLANS AND ACTIVI25 TIES.— 


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1 (i) EVALUATION OF EFFECTS ON OP2 PORTUNITIES TO ENGAGE IN REC3 REATIONAL FISHING, HUNTING, OR REC4 REATIONAL SHOOTING.—Federal public 

5 land planning documents (including land 

6 resources management plans, resource 

7 management plans, travel management 

8 plans, and energy development plans) shall 

9 include a specific evaluation of the effects 

10 of the plans on opportunities to engage in 

11 recreational fishing, hunting, or rec12 reational shooting. 

13 (ii) OTHER ACTIVITY NOT CONSID14 ERED.— 

15 (I) IN GENERAL.—Federal public 

16 land management officials shall not be 

17 required to consider the existence or 

18 availability of recreational fishing, 

19 hunting, or recreational shooting op20 portunities on private or public land 

21 that is located adjacent to, or in the 

22 vicinity of, Federal public land for 

23 purposes of— 

24 (aa) planning for or deter25 mining which units of Federal 


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1 public land are open for rec2 reational fishing, hunting, or rec3 reational shooting; or 

4 (bb) setting the levels of use 

5 for recreational fishing, hunting, 

6 or recreational shooting on Fed7 eral public land. 

8 (II) ENHANCED OPPORTUNI9 TIES.—Federal public land manage10 ment officials may consider the oppor11 tunities described in subclause (I) if 

12 the combination of those opportunities 

13 would enhance the recreational fish14 ing, hunting, or shooting opportunities 

15 available to the public. 

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

17 prohibited by law, all Federal public land plan18 ning documents described in subparagraph 

19 (A)(i) of an agency shall, after appropriate co20 ordination with State fish and wildlife agencies, 

21 allow the participation of skilled volunteers in 

22 the culling and other management of wildlife 

23 populations on Federal public land unless the 

24 head of the agency demonstrates, based on the 

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1 eral law, why skilled volunteers should not be 

2 used to control overpopulation of wildlife on the 

3 land that is the subject of the planning docu4 ment. 

5 (4) BUREAU OF LAND MANAGEMENT AND FOR6 EST SERVICE LAND.— 

7 (A) LAND OPEN.— 

8 (i) IN GENERAL.—Land under the ju9 risdiction of the Bureau of Land Manage10 ment or the Forest Service (including a 

11 component of the National Wilderness 

12 Preservation System, land designated as a 

13 wilderness study area or administratively 

14 classified as wilderness eligible or suitable, 

15 and primitive or semiprimitive areas, but 

16 excluding land on the outer Continental 

17 Shelf) shall be open to recreational fishing, 

18 hunting, and recreational shooting unless 

19 the managing Federal public land agency 

20 acts to close the land to the activity. 

21 (ii) MOTORIZED ACCESS.—Nothing in 

22 this subparagraph authorizes or requires 

23 motorized access or the use of motorized 

24 vehicles for recreational fishing, hunting, 

25 or recreational shooting purposes within 


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1 land designated as a wilderness study area 

2 or administratively classified as wilderness 

3 eligible or suitable. 

4 (B) CLOSURE OR RESTRICTION.—Land de5 scribed in subparagraph (A)(i) may be subject 

6 to closures or restrictions if determined by the 

7 head of the agency to be necessary and reason8 able and supported by facts and evidence for 

9 purposes including resource conservation, public 

10 safety, energy or mineral production, energy 

11 generation or transmission infrastructure, water 

12 supply facilities, protection of other permittees, 

13 protection of private property rights or inter14 ests, national security, or compliance with other 

15 law, as determined appropriate by the Director 

16 of the Bureau of Land Management or the 

17 Chief of the Forest Service, as applicable. 

18 (C) SHOOTING RANGES.— 

19 (i) IN GENERAL.—Except as provided 

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

21 public land agency may use the authorities 

22 of the head, in a manner consistent with 

23 this section and other applicable law— 


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1 (I) to lease or permit use of land 

2 under the jurisdiction of the head for 

3 shooting ranges; and 

4 (II) to designate specific land 

5 under the jurisdiction of the head for 

6 recreational shooting activities. 

7 (ii) LIMITATION ON LIABILITY.—Any 

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

9 subject the United States to any civil ac10 tion or claim for monetary damages for in11 jury or loss of property or personal injury 

12 or death caused by any recreational shoot13 ing activity occurring at or on the des14 ignated land. 

15 (iii) EXCEPTION.—The head of each 

16 Federal public land agency shall not lease 

17 or permit use of Federal public land for 

18 shooting ranges or designate land for rec19 reational shooting activities within a com20 ponent of the National Wilderness Preser21 vation System, land designated as a wilder22 ness study area or administratively classi23 fied as wilderness eligible or suitable, and 

24 primitive or semiprimitive areas. 


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

2 every other year, beginning with the second October 

3 1 after the date of enactment of this Act, the head 

4 of each Federal public land agency who has author5 ity to manage Federal public land on which rec6 reational fishing, hunting, or recreational shooting 

7 occurs shall submit to the Committee on Natural 

8 Resources of the House of Representatives and the 

9 Committee on Energy and Natural Resources of the 

10 Senate a report that describes— 

11 (A) any Federal public land administered 

12 by the agency head that was closed to rec13 reational fishing, hunting, or recreational shoot14 ing at any time during the preceding year; and 

15 (B) the reason for the closure. 

16 (6) CLOSURES OR SIGNIFICANT RESTRICTIONS

17 OF 1,280 OR MORE ACRES.— 

18 (A) IN GENERAL.—Other than closures es19 tablished or prescribed by land planning actions 

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

21 closures described in subparagraph (C), a per22 manent or temporary withdrawal, change of 

23 classification, or change of management status 

24 of Federal public land or water that effectively 

25 closes or significantly restricts 1,280 or more 


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1 contiguous acres of Federal public land or 

2 water to access or use for recreational fishing 

3 or hunting or activities relating to fishing or 

4 hunting shall take effect only if, before the date 

5 of withdrawal or change, the head of the Fed6 eral public land agency that has jurisdiction 

7 over the Federal public land or water— 

8 (i) publishes appropriate notice of the 

9 withdrawal or change, respectively; 

10 (ii) demonstrates that coordination 

11 has occurred with a State fish and wildlife 

12 agency; and 

13 (iii) submits to the Committee on 

14 Natural Resources of the House of Rep15 resentatives and the Committee on Energy 

16 and Natural Resources of the Senate writ17 ten notice of the withdrawal or change, re18 spectively. 

19 (B) AGGREGATE OR CUMULATIVE EF20 FECTS.—If the aggregate or cumulative effect 

21 of separate withdrawals or changes effectively 

22 closes or significantly restricts or affects 1,280 

23 or more acres of land or water, the withdrawals 

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1 drawal or change for purposes of subparagraph 

2 (A). 

3 (C) EMERGENCY CLOSURES.— 

4 (i) IN GENERAL.—Nothing in this sec5 tion prohibits a Federal public land man6 agement agency from establishing or im7 plementing emergency closures or restric8 tions of the smallest practicable area of 

9 Federal public land to provide for public 

10 safety, resource conservation, national se11 curity, or other purposes authorized by 

12 law. 

13 (ii) TERMINATION.—An emergency 

14 closure under clause (i) shall terminate 

15 after a reasonable period of time unless the 

16 temporary closure is converted to a perma17 nent closure consistent with this section. 

18 (7) NO PRIORITY.—Nothing in this section re19 quires a Federal agency to give preference to rec20 reational fishing, hunting, or recreational shooting 

21 over other uses of Federal public land or over land 

22 or water management priorities established by other 

23 Federal law. 

24 (8) CONSULTATION WITH COUNCILS.—In car25 rying out this section, the heads of Federal public 


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1 land agencies shall consult with the appropriate ad2 visory councils established under Executive Order 

3 12962 (16 U.S.C. 1801 note; relating to recreational 

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

5 661 note; relating to facilitation of hunting heritage 

6 and wildlife conservation). 

7 (9) AUTHORITY OF STATES.— 

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

9 interferes with, diminishes, or conflicts with the 

10 authority, jurisdiction, or responsibility of any 

11 State to manage, control, or regulate fish and 

12 wildlife under State law (including regulations) 

13 on land or water within the State, including on 

14 Federal public land. 

15 (B) FEDERAL LICENSES.— 

16 (i) IN GENERAL.—Except as provided 

17 in clause (ii), nothing in this subsection 

18 authorizes the head of a Federal public 

19 land agency head to require a license, fee, 

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

21 water in a State, including on Federal pub22 lic land in the State. 

23 (ii) MIGRATORY BIRD STAMPS.—Noth24 ing in this subparagraph affects any mi25 gratory bird stamp requirement of the MiVerDate Sep 11 2014 06:04 Mar 05, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S556.IS S556

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1 gratory Bird Hunting and Conservation 

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

3 SEC. 102. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 

4 5 PERSONS OR FEWER. 

5 (a) PURPOSE.—The purpose of this section is to pro6 vide commercial film crews of 5 persons or fewer access 

7 to film in areas designated for public use during public 

8 hours on Federal land and waterways. 

9 (b) NATIONAL PARK SYSTEM LAND.—Section 

10 100905 of title 54, United States Code, is amended— 

11 (1) in subsection (a)— 

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

13 Secretary’’ and inserting ‘‘Except as provided 

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

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

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

17 PERSONS OR FEWER.— 

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

19 paragraph, the term ‘film crew’ means any per20 sons present on Federal land or waterways 

21 under the jurisdiction of the Secretary who are 

22 associated with the production of a film. 

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

24 any film crew of 5 persons or fewer, the Sec25 retary shall require a permit and assess an anVerDate Sep 11 2014 06:04 Mar 05, 2015 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S556.IS S556

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1 nual fee of $200 for commercial filming activi2 ties or similar projects on Federal land and wa3 terways administered by the Secretary. 

4 ‘‘(C) COMMERCIAL FILMING ACTIVITIES.— 

5 A permit issued under subparagraph (B) shall 

6 be valid for commercial filming activities or 

7 similar projects that occur in areas designated 

8 for public use during public hours on all Fed9 eral land and waterways administered by the 

10 Secretary for a 1-year period beginning on the 

11 date of issuance of the permit. 

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

13 holding a permit issued under this paragraph, 

14 during the effective period of the permit, the 

15 Secretary shall not assess any fees in addition 

16 to the fee assessed under subparagraph (B). 

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

18 shall not prohibit, as a mechanized apparatus 

19 or under any other purposes, use of cameras or 

20 related equipment used for the purpose of com21 mercial filming activities or similar projects in 

22 accordance with this paragraph on Federal land 

23 and waterways administered by the Secretary. 

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

25 crew of 5 persons or fewer subject to a permit 


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1 issued under this paragraph shall notify the ap2 plicable land management agency with jurisdic3 tion over the Federal land at least 48 hours be4 fore entering the Federal land. 

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

6 the applicable land management agency may 

7 deny access to a film crew under this paragraph 

8 if— 

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

10 damage that cannot be mitigated; 

11 ‘‘(ii) there would be an unreasonable 

12 disruption of the use and enjoyment of the 

13 site by the public; 

14 ‘‘(iii) the activity poses health or safe15 ty risks to the public; or 

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

17 models or props that are not part of the 

18 natural or cultural resources or adminis19 trative facilities of the Federal land.’’; and 

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

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

22 any costs’’. 

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

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

25 (1) in subsection (a)— 


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

2 Secretary’’ and inserting ‘‘Except as provided 

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

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

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

6 PERSONS OR FEWER.— 

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

8 paragraph, the term ‘film crew’ means any per9 sons present on Federal land or waterways 

10 under the jurisdiction of the Secretary who are 

11 associated with the production of a film. 

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

13 any film crew of 5 persons or fewer, the Sec14 retary shall require a permit and assess an an15 nual fee of $200 for commercial filming activi16 ties or similar projects on Federal land and wa17 terways administered by the Secretary. 

18 ‘‘(C) COMMERCIAL FILMING ACTIVITIES.— 

19 A permit issued under subparagraph (B) shall 

20 be valid for commercial filming activities or 

21 similar projects that occur in areas designated 

22 for public use during public hours on all Fed23 eral land and waterways administered by the 

24 Secretary for a 1-year period beginning on the 

25 date of issuance of the permit. 


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

2 holding a permit issued under this paragraph, 

3 during the effective period of the permit, the 

4 Secretary shall not assess any fees in addition 

5 to the fee assessed under subparagraph (B). 

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

7 shall not prohibit, as a mechanized apparatus 

8 or under any other purposes, use of cameras or 

9 related equipment used for the purpose of com10 mercial filming activities or similar projects in 

11 accordance with this paragraph on Federal land 

12 and waterways administered by the Secretary. 

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

14 crew of 5 persons or fewer subject to a permit 

15 issued under this paragraph shall notify the ap16 plicable land management agency with jurisdic17 tion over the Federal land at least 48 hours be18 fore entering the Federal land. 

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

20 the applicable land management agency may 

21 deny access to a film crew under this paragraph 

22 if— 

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

24 damage that cannot be mitigated; 


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1 ‘‘(ii) there would be an unreasonable 

2 disruption of the use and enjoyment of the 

3 site by the public; 

4 ‘‘(iii) the activity poses health or safe5 ty risks to the public; or 

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

7 models or props that are not part of the 

8 natural or cultural resources or adminis9 trative facilities of the Federal land.’’; and 

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

11 (A) by striking ‘‘collect any costs’’ and in12 serting ‘‘recover any costs’’; and 

13 (B) by striking ‘‘similar project’’ and in14 serting ‘‘similar projects’’. 

15 SEC. 103. FEDERAL ACTION TRANSPARENCY. 

16 (a) MODIFICATION OF EQUAL ACCESS TO JUSTICE

17 PROVISIONS.— 

18 (1) AGENCY PROCEEDINGS.—Section 504 of 

19 title 5, United States Code, is amended— 

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

21 United States Code’’; 

22 (B) by redesignating subsection (f) as sub23 section (i); and 

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

25 the following: 


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

2 year beginning after the date of enactment of the Bipar3 tisan Sportsmen’s Act of 2015, and every fiscal year there4 after, the Chairman of the Administrative Conference of 

5 the United States, after consultation with the Chief Coun6 sel for Advocacy of the Small Business Administration, 

7 shall submit to Congress and make publicly available on8 line a report on the amount of fees and other expenses 

9 awarded during the preceding fiscal year under this sec10 tion. 

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

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

13 involved in the controversy, and any other relevant infor14 mation that may aid Congress in evaluating the scope and 

15 impact of such awards. 

16 ‘‘(3)(A) Each report under paragraph (1) shall ac17 count for all payments of fees and other expenses awarded 

18 under this section that are made pursuant to a settlement 

19 agreement, regardless of whether the settlement agree20 ment is sealed or otherwise subject to a nondisclosure pro21 vision. 

22 ‘‘(B) The disclosure of fees and other expenses re23 quired under subparagraph (A) shall not affect any other 

24 information that is subject to a nondisclosure provision in 

25 a settlement agreement. 


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

2 than the date on which the first report under subsection 

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

4 Administrative Conference of the United States shall cre5 ate and maintain online a searchable database containing, 

6 with respect to each award of fees and other expenses 

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

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

9 information: 

10 ‘‘(1) The case name and number of the adver11 sary adjudication, if available, hyperlinked to the 

12 case, if available. 

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

14 adversary adjudication. 

15 ‘‘(3) A description of the claims in the adver16 sary adjudication. 

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

18 award was made. 

19 ‘‘(5) The amount of the award. 

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

21 of the agency concerned was not substantially justi22 fied. 

23 ‘‘(g) The online searchable database described in sub24 section (f) may not reveal any information the disclosure 

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


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

2 Chairman of the Administrative Conference of the United 

3 States in a timely manner all information requested by 

4 the Chairman to comply with the requirements of sub5 sections (e), (f), and (g).’’. 

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

7 United States Code, is amended by adding at the 

8 end the following: 

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

10 year beginning after the date of enactment of the Bipar11 tisan Sportsmen’s Act of 2015, and every fiscal year there12 after, the Chairman of the Administrative Conference of 

13 the United States shall submit to Congress and make pub14 licly available online a report on the amount of fees and 

15 other expenses awarded during the preceding fiscal year 

16 pursuant to this subsection. 

17 ‘‘(B) Each report under subparagraph (A) shall de18 scribe the number, nature, and amount of the awards, the 

19 claims involved in the controversy, and any other relevant 

20 information that may aid Congress in evaluating the scope 

21 and impact of such awards. 

22 ‘‘(C)(i) Each report under subparagraph (A) shall ac23 count for all payments of fees and other expenses awarded 

24 under this subsection that are made pursuant to a settle25 ment agreement, regardless of whether the settlement 


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1 agreement is sealed or otherwise subject to a nondisclosure 

2 provision. 

3 ‘‘(ii) The disclosure of fees and other expenses re4 quired under clause (i) shall not affect any other informa5 tion that is subject to a nondisclosure provision in a settle6 ment agreement. 

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

8 of the United States shall include and clearly identify in 

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

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

11 in the report— 

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

13 title 31 for a judgment in the case; 

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

15 expenses; and 

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

17 suit. 

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

19 later than the date on which the first report under para20 graph (5)(A) is required to be submitted, the Chairman 

21 of the Administrative Conference of the United States 

22 shall create and maintain online a searchable database 

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

24 expenses under this subsection made on or after the date 


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

2 the following information: 

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

4 to the case, if available. 

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

6 case. 

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

8 award was made. 

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

10 ‘‘(E) The amount of the award. 

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

12 of the agency concerned was not substantially justi13 fied. 

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

15 paragraph (6) may not reveal any information the disclo16 sure of which is prohibited by law or a court order. 

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

18 General of the United States) shall provide to the Chair19 man of the Administrative Conference of the United 

20 States in a timely manner all information requested by 

21 the Chairman to comply with the requirements of para22 graphs (5), (6), and (7).’’. 

23 (3) TECHNICAL AND CONFORMING AMEND24 MENTS.—Section 2412 of title 28, United States 

25 Code, is amended— 


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

2 ‘‘United States Code,’’; and 

3 (B) in subsection (e)— 

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

5 title 28, United States Code,’’ and insert6 ing ‘‘of this section’’; and 

7 (ii) by striking ‘‘of such title’’ and in8 serting ‘‘of this title’’. 

9 (b) JUDGMENT FUND TRANSPARENCY.—Section 

10 1304 of title 31, United States Code, is amended by add11 ing at the end the following: 

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

13 days after the date of enactment of the Bipartisan Sports14 men’s Act of 2015, and unless the disclosure of such infor15 mation is otherwise prohibited by law or a court order, 

16 the Secretary of the Treasury shall make available to the 

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

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

19 this section is tendered, the following information with re20 gard to that payment: 

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

22 whose actions gave rise to the claim or judgment. 

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

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

25 claimant. 


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1 ‘‘(4) The amount paid representing principal li2 ability, and any amounts paid representing any an3 cillary liability, including attorney fees, costs, and 

4 interest. 

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

6 rise to the claim. 

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

8 the claim.’’. 

9 SEC. 104. BOWS IN THE PARKS. 

10 (a) DEFINITIONS.—In this section: 

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

12 the Director of the National Park Service. 

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

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

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

16 are secured or stowed in a quiver or other 

17 arrow transport case; and 

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

19 (b) VEHICULAR TRANSPORTATION AUTHORIZED.— 

20 The Director shall not promulgate or enforce any regula21 tion that prohibits an individual from transporting bows 

22 and crossbows that are not ready for immediate use across 

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

24 the individual if— 


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1 (1) the individual is not otherwise prohibited by 

2 law from possessing the bows and crossbows; 

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

4 for immediate use remain inside the vehicle of the 

5 individual throughout the period during which the 

6 bows or crossbows are transported across National 

7 Park System land; and 

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

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

10 unit of the National Park System is located. 

11 TITLE II—HABITAT 

12 CONSERVATION 

13 SEC. 201. AVAILABILITY OF LAND AND WATER CONSERVA14 TION FUND FOR RECREATIONAL PUBLIC AC15 CESS PROJECTS. 

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

17 title 54, United States Code, is amended to read as fol18 lows: 

19 ‘‘§ 200303. Availability of funds for certain projects 

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

21 Secretary and the Secretary of Agriculture shall ensure 

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

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

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

25 projects that secure public access to Federal land for huntVerDate Sep 11 2014 06:04 Mar 05, 2015 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S556.IS S556

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1 ing, fishing, and other recreational purposes through ease2 ments, rights-of-way, or fee title acquisitions from willing 

3 sellers.’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) AVAILABILITY OF DEPOSITS.—Section 

6 200302(c)(3) of title 54, United States Code, is 

7 amended by striking ‘‘Notwithstanding section 

8 200303 of this title, money’’ and inserting ‘‘Money’’. 

9 (2) CONTRACTS FOR ACQUISITION OF LAND

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

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

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

13 (3) CONTRACTS FOR OPTIONS TO ACQUIRE

14 LAND AND WATER IN SYSTEM.—Section 200309 of 

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

16 sentence by striking ‘‘by section 200303 of this 

17 title’’. 

18 SEC. 202. IDENTIFYING OPPORTUNITIES FOR RECREATION, 

19 HUNTING, AND FISHING ON FEDERAL LAND. 

20 (a) DEFINITIONS.—In this section: 

21 (1) FEDERAL PUBLIC LAND MANAGEMENT

22 AGENCY.—The term ‘‘Federal public land manage23 ment agency’’ means any of the National Park Serv24 ice, the United States Fish and Wildlife Service, the 


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1 Forest Service, and the Bureau of Land Manage2 ment. 

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

4 ‘‘State or regional office’’ means— 

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

6 Management; or 

7 (B) a regional office of the National Park 

8 Service, the United States Fish and Wildlife 

9 Service, or the Forest Service. 

10 (3) TRAVEL MANAGEMENT PLAN.—The term 

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

12 management of travel— 

13 (A) with respect to land under the jurisdic14 tion of the National Park Service, on park 

15 roads and designated routes under section 4.10 

16 of title 36, Code of Federal Regulations (or suc17 cessor regulations); 

18 (B) with respect to land under the jurisdic19 tion of the United States Fish and Wildlife 

20 Service, on the land under a comprehensive con21 servation plan prepared under section 4(e) of 

22 the National Wildlife Refuge System Adminis23 tration Act of 1966 (16 U.S.C. 668dd(e)); 

24 (C) with respect to land under the jurisdic25 tion of the Forest Service, on National Forest 


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1 System land under part 212 of title 36, Code 

2 of Federal Regulations (or successor regula3 tions); and 

4 (D) with respect to land under the jurisdic5 tion of the Bureau of Land Management, under 

6 a resource management plan developed under 

7 the Federal Land Policy and Management Act 

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

9 (b) PRIORITY LISTS REQUIRED.— 

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

11 after the date of enactment of this Act, annually 

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

13 which the first priority list is completed, and every 

14 5 years after the end of the 10-year period, each 

15 head of each State or regional office shall prepare a 

16 priority list, to be made publicly available on the 

17 website of the applicable Federal public land man18 agement agency, which shall identify the location 

19 and acreage of land under the jurisdiction of the 

20 State or regional office on which the public is al21 lowed, under Federal or State law, to hunt, fish, or 

22 use the land for other recreational purposes but— 

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

24 egress; or 


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

2 legal boundaries of the land is significantly re3 stricted (as determined by the head of the State 

4 or regional office). 

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

6 paragraph (1) shall consist of contiguous acreage of 

7 at least 640 acres. 

8 (3) CONSIDERATIONS.—In preparing the pri9 ority list required under paragraph (1), the head of 

10 the State or regional office shall consider with re11 spect to the land— 

12 (A) whether access is absent or merely re13 stricted, including the extent of the restriction; 

14 (B) the likelihood of resolving the absence 

15 of or restriction to public access; 

16 (C) the potential for recreational use; 

17 (D) any information received from the 

18 public or other stakeholders during the nomina19 tion process described in paragraph (5); and 

20 (E) any other factor as determined by the 

21 head of the State or regional office. 

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

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

24 regional office shall state whether resolving the issue 

25 of public access or egress to the land would require 


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

2 from— 

3 (A) another Federal agency; 

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

5 (C) a private landowner. 

6 (5) NOMINATION PROCESS.—In preparing a pri7 ority list under this section, the head of the State 

8 or regional office shall provide an opportunity for 

9 members of the public to nominate parcels for inclu10 sion on the priority list. 

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

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

13 the State or regional office shall develop and submit to 

14 the Committees on Appropriations and Energy and Nat15 ural Resources of the Senate and the Committees on Ap16 propriations and Natural Resources of the House of Rep17 resentatives a report on options for providing access 

18 that— 

19 (1) identifies how public access and egress 

20 could reasonably be provided to the legal boundaries 

21 of the land in a manner that minimizes the impact 

22 on wildlife habitat and water quality; 

23 (2) specifies the steps recommended to secure 

24 the access and egress, including acquiring an ease25 ment, right-of-way, or fee title from a willing owner 


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1 of any land that abuts the land or the need to co2 ordinate with State land management agencies or 

3 other Federal, State, or tribal governments to allow 

4 for such access and egress; and 

5 (3) is consistent with the travel management 

6 plan in effect on the land. 

7 (d) PROTECTION OF PERSONALLY IDENTIFYING IN8 FORMATION.—In making the priority list and report pre9 pared under subsections (b) and (c) available, the head 

10 of the State or regional office shall ensure that no person11 ally identifying information is included, such as names or 

12 addresses of individuals or entities. 

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

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

15 local, or tribal government or private landowner with re16 spect to the use of land under the jurisdiction of the gov17 ernment or landowner, a Federal land management agen18 cy shall not take into account whether the State, local, 

19 or tribal government or private landowner has granted or 

20 denied public access or egress to the land. 

21 (f) MEANS OF PUBLIC ACCESS AND EGRESS IN22 CLUDED.—In considering public access and egress under 

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

24 public land management agency shall consider public acVerDate Sep 11 2014 06:04 Mar 05, 2015 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S556.IS S556

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1 cess and egress to the legal boundaries of the land de2 scribed in those subsections, including access and egress— 

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

4 (2) on foot or horseback. 

5 (g) EFFECT.— 

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

7 effect on whether a particular recreational use shall 

8 be allowed on the land included in a priority list 

9 under this section. 

10 (2) EFFECT OF ALLOWABLE USES ON AGENCY

11 CONSIDERATION.—In preparing the priority list 

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

13 State or regional office shall only consider rec14 reational uses that are allowed on the land at the 

15 time that the priority list is prepared. 

16 SEC. 203. FEDERAL LAND TRANSACTION FACILITATION 

17 ACT. 

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

19 Facilitation Act is amended— 

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

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

22 and inserting ‘‘is’’; 

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


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

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

3 and 

4 (B) by striking subsection (d); 

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

6 subsection (f); and 

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

8 (A) in paragraph (1)— 

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

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

12 semicolon; 

13 (B) in paragraph (2)— 

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

15 263;’’ before ‘‘112 Stat.’’; and 

16 (ii) by striking the period at the end 

17 and inserting a semicolon; and 

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

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

20 Recreation, and Development Act of 2006 (Public 

21 Law 109–432; 120 Stat. 3028); 

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

24 108–424; 118 Stat. 2403); 


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

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

3 note; Public Law 111–11); 

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

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

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

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

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

9 Stat. 1108); or 

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

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

12 Stat. 1121).’’. 

13 (b) FUNDS TO THE TREASURY.—Of the amounts de14 posited in the Federal Land Disposal Account, there shall 

15 be transferred to the Treasury $1,000,000 for each of fis16 cal years 2016 through 2025. 

Æ 


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