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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 405 Placed on Calendar Senate (PCS)]

                                                        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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bipartisan 
Sportsmen's Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

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.

                      TITLE I--REGULATORY REFORMS

SEC. 101. MODIFICATION OF DEFINITION OF SPORT FISHING EQUIPMENT UNDER 
              THE TOXIC SUBSTANCES CONTROL ACT.

    (a) In General.--Section 3(2)(B) of the Toxic Substances Control 
Act (15 U.S.C. 2602(2)(B)) is amended--
            (1) in clause (v), by striking ``, and'' and inserting ``, 
        or any component of any such article including, without 
        limitation, shot, bullets and other projectiles, propellants, 
        and primers,'';
            (2) in clause (vi) by striking the period at the end and 
        inserting ``, and''; and
            (3) by inserting after clause (vi) the following:
            ``(vii) any sport fishing equipment (as the term is defined 
        in subsection (a) of section 4162 of the Internal Revenue Code 
        of 1986, without regard to paragraphs (6) through (9) thereof), 
        the sale of which is subject to the tax imposed by section 
        4161(a) of such Code (determined without regard to any 
        exemptions from such tax as provided by section 4162 or 4221 or 
        any other provision of such Code), and sport fishing equipment 
        components.''.
    (b) Relationship to Other Law.--Nothing in the amendments made by 
this section affects or limits the application of, or the obligation to 
comply with, any other Federal, State, or local law.

SEC. 102. TARGET PRACTICE AND MARKSMANSHIP.

    (a) Purpose.--The purpose of this section is to facilitate the 
construction and expansion of public target ranges, including ranges on 
Federal land managed by the Forest Service and the Bureau of Land 
Management.
    (b) Definition of Public Target Range.--In this section, the term 
``public target range'' means a specific location that--
            (1) is identified by a governmental agency for recreational 
        shooting;
            (2) is open to the public;
            (3) may be supervised; and
            (4) may accommodate archery or rifle, pistol, or shotgun 
        shooting.
    (c) Amendments to Pittman-Robertson Wildlife Restoration Act.--
            (1) Definitions.--Section 2 of the Pittman-Robertson 
        Wildlife Restoration Act (16 U.S.C. 669a) is amended--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (3) through (9), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) the term `public target range' means a specific 
        location that--
                    ``(A) is identified by a governmental agency for 
                recreational shooting;
                    ``(B) is open to the public;
                    ``(C) may be supervised; and
                    ``(D) may accommodate archery or rifle, pistol, or 
                shotgun shooting;''.
            (2) Expenditures for management of wildlife areas and 
        resources.--Section 8(b) of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669g(b)) is amended--
                    (A) by striking ``(b) Each State'' and inserting 
                the following:
    ``(b) Expenditures for Management of Wildlife Areas and 
Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State'';
                    (B) in paragraph (1) (as so designated), by 
                striking ``construction, operation,'' and inserting 
                ``operation'';
                    (C) in the second sentence, by striking ``The non-
                Federal share'' and inserting the following:
            ``(3) Non-federal share.--The non-Federal share'';
                    (D) in the third sentence, by striking ``The 
                Secretary'' and inserting the following:
            ``(4) Regulations.--The Secretary''; and
                    (E) by inserting after paragraph (1) (as designated 
                by subparagraph (A)) the following:
            ``(2) Exception.--Notwithstanding the limitation described 
        in paragraph (1), a State may pay up to 90 percent of the cost 
        of acquiring land for, expanding, or constructing a public 
        target range.''.
            (3) Firearm and bow hunter education and safety program 
        grants.--Section 10 of the Pittman-Robertson Wildlife 
        Restoration Act (16 U.S.C. 669h-1) is amended--
                    (A) in subsection (a), by adding at the end the 
                following:
            ``(3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under section 4(b), 
        the State may elect to allocate not more than 10 percent, to be 
        combined with the amount apportioned to the State under 
        paragraph (1) for that fiscal year, for acquiring land for, 
        expanding, or constructing a public target range.'';
                    (B) by striking subsection (b) and inserting the 
                following:
    ``(b) Cost Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of any activity carried out using a 
        grant under this section shall not exceed 75 percent of the 
        total cost of the activity.
            ``(2) Public target range construction or expansion.--The 
        Federal share of the cost of acquiring land for, expanding, or 
        constructing a public target range in a State on Federal or 
        non-Federal land pursuant to this section or section 8(b) shall 
        not exceed 90 percent of the cost of the activity.''; and
                    (C) in subsection (c)(1)--
                            (i) by striking ``Amounts made'' and 
                        inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and
                            (ii) by adding at the end the following:
                    ``(B) Exception.--Amounts provided for acquiring 
                land for, constructing, or expanding a public target 
                range shall remain available for expenditure and 
                obligation during the 5-fiscal-year period beginning on 
                October 1 of the first fiscal year for which the 
                amounts are made available.''.
    (d) Sense of Congress Regarding Cooperation.--It is the sense of 
Congress that, consistent with applicable laws (including regulations), 
the Chief of the Forest Service and the Director of the Bureau of Land 
Management should cooperate with State and local authorities and other 
entities to carry out waste removal and other activities on any Federal 
land used as a public target range to encourage continued use of that 
land for target practice or marksmanship training.

SEC. 103. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT 
              HUNTS IN CANADA.

    Section 104(c)(5) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1374(c)(5)) is amended by striking subparagraph (D) and 
inserting the following:
                    ``(D) Polar bear parts.--
                            ``(i) In general.--Notwithstanding 
                        subparagraphs (A) and (C)(ii), subsection 
                        (d)(3), and sections 101 and 102, the Secretary 
                        of the Interior shall, expeditiously after the 
                        date on which the expiration of the applicable 
                        30-day period described in subsection (d)(2) 
                        expires, issue a permit for the importation of 
                        any polar bear part (other than an internal 
                        organ) from a polar bear taken in a sport hunt 
                        in Canada to any person--
                                    ``(I) who submits, with the permit 
                                application, proof that the polar bear 
                                was legally harvested by the person 
                                before February 18, 1997; or
                                    ``(II) who submitted, with a permit 
                                application submitted before May 15, 
                                2008, proof that the polar bear was 
                                legally harvested from a polar bear 
                                population from which a sport-hunted 
                                trophy could be imported before May 15, 
                                2008, in accordance with section 
                                18.30(i) of title 50, Code of Federal 
                                Regulations (or a successor regulation) 
                                by the person before May 15, 2008.
                            ``(ii) Applicability of prohibition on the 
                        importation of a depleted species.--
                                    ``(I) Parts legally harvested 
                                before february 18, 1997.--
                                            ``(aa) In general.--
                                        Sections 101(a)(3)(B) and 
                                        102(b)(3) shall not apply to 
                                        the importation of any polar 
                                        bear part authorized by a 
                                        permit issued under clause 
                                        (i)(I).
                                            ``(bb) Applicability.--Item 
                                        (aa) shall not apply to polar 
                                        bear parts imported before June 
                                        12, 1997.
                                    ``(II) Parts legally harvested 
                                before may 15, 2008.--
                                            ``(aa) In general.--
                                        Sections 101(a)(3)(B) and 
                                        102(b)(3) shall not apply to 
                                        the importation of any polar 
                                        bear part authorized by a 
                                        permit issued under clause 
                                        (i)(II).
                                            ``(bb) Applicability.--Item 
                                        (aa) shall not apply to polar 
                                        bear parts imported before the 
                                        date of enactment of the 
                                        Bipartisan Sportsmen's Act of 
                                        2015.''.

SEC. 104. BAITING OF MIGRATORY GAME BIRDS.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended by striking subsection (b) and inserting the following:
    ``(b) Prohibition of Baiting.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Baited area.--
                            ``(i) In general.--The term `baited area' 
                        means--
                                    ``(I) any area on which salt, 
                                grain, or other feed has been placed, 
                                exposed, deposited, distributed, or 
                                scattered, if the salt, grain, or feed 
                                could lure or attract migratory game 
                                birds; and
                                    ``(II) in the case of waterfowl, 
                                cranes (family Gruidae), and coots 
                                (family Rallidae), a standing, 
                                unharvested crop that has been 
                                manipulated through activities such as 
                                mowing, discing, or rolling, unless the 
                                activities are normal agricultural 
                                practices.
                            ``(ii) Exclusions.--An area shall not be 
                        considered to be a `baited area' if the area--
                                    ``(I) has been treated with a 
                                normal agricultural practice;
                                    ``(II) has standing crops that have 
                                not been manipulated; or
                                    ``(III) has standing crops that 
                                have been or are flooded.
                    ``(B) Baiting.--The term `baiting' means the direct 
                or indirect placing, exposing, depositing, 
                distributing, or scattering of salt, grain, or other 
                feed that could lure or attract migratory game birds 
                to, on, or over any areas on which a hunter is 
                attempting to take migratory game birds.
                    ``(C) Migratory game bird.--The term `migratory 
                game bird' means migratory bird species--
                            ``(i) that are within the taxonomic 
                        families of Anatidae, Columbidae, Gruidae, 
                        Rallidae, and Scolopacidae; and
                            ``(ii) for which open seasons are 
                        prescribed by the Secretary of the Interior.
                    ``(D) Normal agricultural practice.--
                            ``(i) In general.--The term `normal 
                        agricultural practice' means any practice in 1 
                        annual growing season that--
                                    ``(I) is carried out in order to 
                                produce a marketable crop, including 
                                planting, harvest, post-harvest, or 
                                soil conservation practices; and
                                    ``(II) is recommended for the 
                                successful harvest of a given crop by 
                                the applicable State office of the 
                                Cooperative Extension System of the 
                                Department of Agriculture, in 
                                consultation with, and if requested, 
                                the concurrence of, the head of the 
                                applicable State department of fish and 
                                wildlife.
                            ``(ii) Inclusions.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the term `normal 
                                agricultural practice' includes the 
                                destruction of a crop in accordance 
                                with practices required by the Federal 
                                Crop Insurance Corporation for 
                                agricultural producers to obtain crop 
                                insurance under the Federal Crop 
                                Insurance Act (7 U.S.C. 1501 et seq.) 
                                on land on which a crop during the 
                                current or immediately preceding crop 
                                year was not harvestable due to a 
                                natural disaster (including any 
                                hurricane, storm, tornado, flood, high 
                                water, wind-driven water, tidal wave, 
                                tsunami, earthquake, volcanic eruption, 
                                landslide, mudslide, drought, fire, 
                                snowstorm, or other catastrophe that is 
                                declared a major disaster by the 
                                President in accordance with section 
                                401 of the Robert T. Stafford Disaster 
                                Relief and Emergency Assistance Act (42 
                                U.S.C. 5170)).
                                    ``(II) Limitations.--The term 
                                `normal agricultural practice' only 
                                includes a crop described in subclause 
                                (I) that has been destroyed or 
                                manipulated through activities that 
                                include (but are not limited to) 
                                mowing, discing, or rolling if the 
                                Federal Crop Insurance Corporation 
                                certifies that flooding was not an 
                                acceptable method of destruction to 
                                obtain crop insurance under the Federal 
                                Crop Insurance Act (7 U.S.C. 1501 et 
                                seq.).
                    ``(E) Waterfowl.--The term `waterfowl' means native 
                species of the family Anatidae.
            ``(2) Prohibition.--It shall be unlawful for any person--
                    ``(A) to take any migratory game bird by baiting or 
                on or over any baited area, if the person knows or 
                reasonably should know that the area is a baited area; 
                or
                    ``(B) to place or direct the placement of bait on 
                or adjacent to an area for the purpose of causing, 
                inducing, or allowing any person to take or attempt to 
                take any migratory game bird by baiting or on or over 
                the baited area.
            ``(3) Regulations.--The Secretary of the Interior may 
        promulgate regulations to implement this subsection.
            ``(4) Reports.--Annually, the Secretary of Agriculture 
        shall submit to the Secretary of the Interior a report that 
        describes any changes to normal agricultural practices across 
        the range of crops grown by agricultural producers in each 
        region of the United States in which the recommendations are 
        provided to agricultural producers.''.

SEC. 105. RECREATIONAL FISHING, HUNTING, AND RECREATIONAL SHOOTING ON 
              FEDERAL PUBLIC LAND.

    (a) Definitions.--In this section:
            (1) Federal public land.--
                    (A) In general.--The term ``Federal public land'' 
                means any land or water that is--
                            (i) owned by the United States; and
                            (ii) managed by a Federal agency (including 
                        the Department of the Interior and the Forest 
                        Service) for purposes that include the 
                        conservation of natural resources.
                    (B) Exclusions.--The term ``Federal public land'' 
                does not include--
                            (i) land or water held or managed in trust 
                        for the benefit of Indian tribes or individual 
                        Indians;
                            (ii) land or water managed by the Director 
                        of the National Park Service or the Director of 
                        the United States Fish and Wildlife Service;
                            (iii) fish hatcheries; or
                            (iv) conservation easements on private 
                        land.
            (2) Hunting.--
                    (A) In general.--The term ``hunting'' means use of 
                a firearm, bow, or other authorized means in the 
                lawful--
                            (i) pursuit, shooting, capture, collection, 
                        trapping, or killing of wildlife; or
                            (ii) attempt to pursue, shoot, capture, 
                        collect, trap, or kill wildlife.
                    (B) Exclusion.--The term ``hunting'' does not 
                include the use of skilled volunteers to cull excess 
                animals (as defined by Federal law (including 
                regulations)).
            (3) Recreational fishing.--The term ``recreational 
        fishing'' means--
                    (A) an activity for sport or pleasure that involves 
                the lawful--
                            (i) catching, taking, or harvesting of 
                        fish; or
                            (ii) attempted catching, taking, or 
                        harvesting of fish; or
                    (B) any other activity for sport or pleasure that 
                can reasonably be expected to result in the lawful 
                catching, taking, or harvesting of fish.
            (4) Recreational shooting.--The term ``recreational 
        shooting'' means any form of sport, training, competition, or 
        pastime, whether formal or informal, that involves--
                    (A) the discharge of a rifle, handgun, or shotgun; 
                or
                    (B) the use of a bow and arrow.
    (b) Recreational Fishing, Hunting, and Recreational Shooting.--
            (1) In general.--Subject to valid existing rights, and in 
        cooperation with the respective State fish and wildlife agency, 
        a Federal public land management official shall exercise the 
        authority of the official under existing law (including 
        provisions regarding land use planning) to facilitate use of 
        and access to Federal public land for recreational fishing, 
        hunting, and recreational shooting except as limited by--
                    (A) any Federal law (including regulations) that 
                authorizes action or withholding action for reasons of 
                national security, public safety, or resource 
                conservation;
                    (B) any other Federal law (including regulations) 
                that precludes recreational fishing, hunting, or 
                recreational shooting on specific Federal public land 
                units of Federal public land, or water; or
                    (C) discretionary limitations on recreational 
                fishing, hunting, and recreational shooting determined 
                to be necessary and reasonable, as supported by the 
                best scientific evidence and advanced through a 
                transparent public process.
            (2) Management.--Consistent with paragraph (1), the head of 
        each Federal public land management agency shall exercise the 
        land management discretion of the head--
                    (A) in a manner that supports and facilitates 
                recreational fishing, hunting, and recreational 
                shooting opportunities;
                    (B) to the extent authorized under applicable State 
                law; and
                    (C) in accordance with applicable Federal law.
            (3) Planning.--
                    (A) Effects of plans and activities.--
                            (i) Evaluation of effects on opportunities 
                        to engage in recreational fishing, hunting, or 
                        recreational shooting.--Federal public land 
                        planning documents (including land resources 
                        management plans, resource management plans, 
                        travel management plans, and energy development 
                        plans) shall include a specific evaluation of 
                        the effects of the plans on opportunities to 
                        engage in recreational fishing, hunting, or 
                        recreational shooting.
                            (ii) Other activity not considered.--
                                    (I) In general.--Federal public 
                                land management officials shall not be 
                                required to consider the existence or 
                                availability of recreational fishing, 
                                hunting, or recreational shooting 
                                opportunities on private or public land 
                                that is located adjacent to, or in the 
                                vicinity of, Federal public land for 
                                purposes of--
                                            (aa) planning for or 
                                        determining which units of 
                                        Federal public land are open 
                                        for recreational fishing, 
                                        hunting, or recreational 
                                        shooting; or
                                            (bb) setting the levels of 
                                        use for recreational fishing, 
                                        hunting, or recreational 
                                        shooting on Federal public 
                                        land.
                                    (II) Enhanced opportunities.--
                                Federal public land management 
                                officials may consider the 
                                opportunities described in subclause 
                                (I) if the combination of those 
                                opportunities would enhance the 
                                recreational fishing, hunting, or 
                                shooting opportunities available to the 
                                public.
                    (B) Use of volunteers.--If hunting is prohibited by 
                law, all Federal public land planning documents 
                described in subparagraph (A)(i) of an agency shall, 
                after appropriate coordination with State fish and 
                wildlife agencies, allow the participation of skilled 
                volunteers in the culling and other management of 
                wildlife populations on Federal public land unless the 
                head of the agency demonstrates, based on the best 
                scientific data available or applicable Federal law, 
                why skilled volunteers should not be used to control 
                overpopulation of wildlife on the land that is the 
                subject of the planning document.
            (4) Bureau of land management and forest service land.--
                    (A) Land open.--
                            (i) In general.--Land under the 
                        jurisdiction of the Bureau of Land Management 
                        or the Forest Service (including a component of 
                        the National Wilderness Preservation System, 
                        land designated as a wilderness study area or 
                        administratively classified as wilderness 
                        eligible or suitable, and primitive or 
                        semiprimitive areas, but excluding land on the 
                        outer Continental Shelf) shall be open to 
                        recreational fishing, hunting, and recreational 
                        shooting unless the managing Federal public 
                        land agency acts to close the land to the 
                        activity.
                            (ii) Motorized access.--Nothing in this 
                        subparagraph authorizes or requires motorized 
                        access or the use of motorized vehicles for 
                        recreational fishing, hunting, or recreational 
                        shooting purposes within land designated as a 
                        wilderness study area or administratively 
                        classified as wilderness eligible or suitable.
                    (B) Closure or restriction.--Land described in 
                subparagraph (A)(i) may be subject to closures or 
                restrictions if determined by the head of the agency to 
                be necessary and reasonable and supported by facts and 
                evidence for purposes including resource conservation, 
                public safety, energy or mineral production, energy 
                generation or transmission infrastructure, water supply 
                facilities, protection of other permittees, protection 
                of private property rights or interests, national 
                security, or compliance with other law, as determined 
                appropriate by the Director of the Bureau of Land 
                Management or the Chief of the Forest Service, as 
                applicable.
                    (C) Shooting ranges.--
                            (i) In general.--Except as provided in 
                        clause (iii), the head of each Federal public 
                        land agency may use the authorities of the 
                        head, in a manner consistent with this section 
                        and other applicable law--
                                    (I) to lease or permit use of land 
                                under the jurisdiction of the head for 
                                shooting ranges; and
                                    (II) to designate specific land 
                                under the jurisdiction of the head for 
                                recreational shooting activities.
                            (ii) Limitation on liability.--Any 
                        designation under clause (i)(II) shall not 
                        subject the United States to any civil action 
                        or claim for monetary damages for injury or 
                        loss of property or personal injury or death 
                        caused by any recreational shooting activity 
                        occurring at or on the designated land.
                            (iii) Exception.--The head of each Federal 
                        public land agency shall not lease or permit 
                        use of Federal public land for shooting ranges 
                        or designate land for recreational shooting 
                        activities within a component of the National 
                        Wilderness Preservation System, land designated 
                        as a wilderness study area or administratively 
                        classified as wilderness eligible or suitable, 
                        and primitive or semiprimitive areas.
            (5) Report.--Not later than October 1 of every other year, 
        beginning with the second October 1 after the date of enactment 
        of this Act, the head of each Federal public land agency who 
        has authority to manage Federal public land on which 
        recreational fishing, hunting, or recreational shooting occurs 
        shall submit to the Committee on Natural Resources of the House 
        of Representatives and the Committee on Energy and Natural 
        Resources of the Senate a report that describes--
                    (A) any Federal public land administered by the 
                agency head that was closed to recreational fishing, 
                hunting, or recreational shooting at any time during 
                the preceding year; and
                    (B) the reason for the closure.
            (6) Closures or significant restrictions of 1,280 or more 
        acres.--
                    (A) In general.--Other than closures established or 
                prescribed by land planning actions referred to in 
                paragraph (4)(B) or emergency closures described in 
                subparagraph (C), a permanent or temporary withdrawal, 
                change of classification, or change of management 
                status of Federal public land or water that effectively 
                closes or significantly restricts 1,280 or more 
                contiguous acres of Federal public land or water to 
                access or use for recreational fishing or hunting or 
                activities relating to fishing or hunting shall take 
                effect only if, before the date of withdrawal or 
                change, the head of the Federal public land agency that 
                has jurisdiction over the Federal public land or 
                water--
                            (i) publishes appropriate notice of the 
                        withdrawal or change, respectively;
                            (ii) demonstrates that coordination has 
                        occurred with a State fish and wildlife agency; 
                        and
                            (iii) submits to the Committee on Natural 
                        Resources of the House of Representatives and 
                        the Committee on Energy and Natural Resources 
                        of the Senate written notice of the withdrawal 
                        or change, respectively.
                    (B) Aggregate or cumulative effects.--If the 
                aggregate or cumulative effect of separate withdrawals 
                or changes effectively closes or significantly 
                restricts or affects 1,280 or more acres of land or 
                water, the withdrawals and changes shall be treated as 
                a single withdrawal or change for purposes of 
                subparagraph (A).
                    (C) Emergency closures.--
                            (i) In general.--Nothing in this section 
                        prohibits a Federal public land management 
                        agency from establishing or implementing 
                        emergency closures or restrictions of the 
                        smallest practicable area of Federal public 
                        land to provide for public safety, resource 
                        conservation, national security, or other 
                        purposes authorized by law.
                            (ii) Termination.--An emergency closure 
                        under clause (i) shall terminate after a 
                        reasonable period of time unless the temporary 
                        closure is converted to a permanent closure 
                        consistent with this section.
            (7) No priority.--Nothing in this section requires a 
        Federal agency to give preference to recreational fishing, 
        hunting, or recreational shooting over other uses of Federal 
        public land or over land or water management priorities 
        established by other Federal law.
            (8) Consultation with councils.--In carrying out this 
        section, the heads of Federal public land agencies shall 
        consult with the appropriate advisory councils established 
        under Executive Order 12962 (16 U.S.C. 1801 note; relating to 
        recreational fisheries) and Executive Order 13443 (16 U.S.C. 
        661 note; relating to facilitation of hunting heritage and 
        wildlife conservation).
            (9) Authority of states.--
                    (A) In general.--Nothing in this section interferes 
                with, diminishes, or conflicts with the authority, 
                jurisdiction, or responsibility of any State to manage, 
                control, or regulate fish and wildlife under State law 
                (including regulations) on land or water within the 
                State, including on Federal public land.
                    (B) Federal licenses.--
                            (i) In general.--Except as provided in 
                        clause (ii), nothing in this subsection 
                        authorizes the head of a Federal public land 
                        agency head to require a license, fee, or 
                        permit to fish, hunt, or trap on land or water 
                        in a State, including on Federal public land in 
                        the State.
                            (ii) Migratory bird stamps.--Nothing in 
                        this subparagraph affects any migratory bird 
                        stamp requirement of the Migratory Bird Hunting 
                        and Conservation Stamp Act (16 U.S.C. 718a et 
                        seq.).

SEC. 106. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.

    (a) Purpose.--The purpose of this section is to provide commercial 
film crews of 5 persons or fewer access to film in areas designated for 
public use during public hours on Federal land and waterways.
    (b) National Park System Land.--Section 100905 of title 54, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``The Secretary'' 
                and inserting ``Except as provided in paragraph (3), 
                the Secretary''; and
                    (B) by adding at the end the following:
            ``(3) Special rules for film crews of 5 persons or fewer.--
                    ``(A) Definition of film crew.--In this paragraph, 
                the term `film crew' means any persons present on 
                Federal land or waterways under the jurisdiction of the 
                Secretary who are associated with the production of a 
                film.
                    ``(B) Required permit and fee.--For any film crew 
                of 5 persons or fewer, the Secretary shall require a 
                permit and assess an annual fee of $200 for commercial 
                filming activities or similar projects on Federal land 
                and waterways administered by the Secretary.
                    ``(C) Commercial filming activities.--A permit 
                issued under subparagraph (B) shall be valid for 
                commercial filming activities or similar projects that 
                occur in areas designated for public use during public 
                hours on all Federal land and waterways administered by 
                the Secretary for a 1-year period beginning on the date 
                of issuance of the permit.
                    ``(D) No additional fees.--For persons holding a 
                permit issued under this paragraph, during the 
                effective period of the permit, the Secretary shall not 
                assess any fees in addition to the fee assessed under 
                subparagraph (B).
                    ``(E) Use of cameras.--The Secretary shall not 
                prohibit, as a mechanized apparatus or under any other 
                purposes, use of cameras or related equipment used for 
                the purpose of commercial filming activities or similar 
                projects in accordance with this paragraph on Federal 
                land and waterways administered by the Secretary.
                    ``(F) Notification required.--A film crew of 5 
                persons or fewer subject to a permit issued under this 
                paragraph shall notify the applicable land management 
                agency with jurisdiction over the Federal land at least 
                48 hours before entering the Federal land.
                    ``(G) Denial of access.--The head of the applicable 
                land management agency may deny access to a film crew 
                under this paragraph if--
                            ``(i) there is a likelihood of resource 
                        damage that cannot be mitigated;
                            ``(ii) there would be an unreasonable 
                        disruption of the use and enjoyment of the site 
                        by the public;
                            ``(iii) the activity poses health or safety 
                        risks to the public; or
                            ``(iv) the filming includes the use of 
                        models or props that are not part of the 
                        natural or cultural resources or administrative 
                        facilities of the Federal land.''; and
            (2) in the first sentence of subsection (b), by striking 
        ``collect any costs'' and inserting ``recover any costs''.
    (c) Other Federal Land.--Section 1 of Public Law 106-206 (16 U.S.C. 
460l-6d) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``The Secretary'' 
                and inserting ``Except as provided in paragraph (3), 
                the Secretary''; and
                    (B) by adding at the end the following:
            ``(3) Special rules for film crews of 5 persons or fewer.--
                    ``(A) Definition of film crew.--In this paragraph, 
                the term `film crew' means any persons present on 
                Federal land or waterways under the jurisdiction of the 
                Secretary who are associated with the production of a 
                film.
                    ``(B) Required permit and fee.--For any film crew 
                of 5 persons or fewer, the Secretary shall require a 
                permit and assess an annual fee of $200 for commercial 
                filming activities or similar projects on Federal land 
                and waterways administered by the Secretary.
                    ``(C) Commercial filming activities.--A permit 
                issued under subparagraph (B) shall be valid for 
                commercial filming activities or similar projects that 
                occur in areas designated for public use during public 
                hours on all Federal land and waterways administered by 
                the Secretary for a 1-year period beginning on the date 
                of issuance of the permit.
                    ``(D) No additional fees.--For persons holding a 
                permit issued under this paragraph, during the 
                effective period of the permit, the Secretary shall not 
                assess any fees in addition to the fee assessed under 
                subparagraph (B).
                    ``(E) Use of cameras.--The Secretary shall not 
                prohibit, as a mechanized apparatus or under any other 
                purposes, use of cameras or related equipment used for 
                the purpose of commercial filming activities or similar 
                projects in accordance with this paragraph on Federal 
                land and waterways administered by the Secretary.
                    ``(F) Notification required.--A film crew of 5 
                persons or fewer subject to a permit issued under this 
                paragraph shall notify the applicable land management 
                agency with jurisdiction over the Federal land at least 
                48 hours before entering the Federal land.
                    ``(G) Denial of access.--The head of the applicable 
                land management agency may deny access to a film crew 
                under this paragraph if--
                            ``(i) there is a likelihood of resource 
                        damage that cannot be mitigated;
                            ``(ii) there would be an unreasonable 
                        disruption of the use and enjoyment of the site 
                        by the public;
                            ``(iii) the activity poses health or safety 
                        risks to the public; or
                            ``(iv) the filming includes the use of 
                        models or props that are not part of the 
                        natural or cultural resources or administrative 
                        facilities of the Federal land.''; and
            (2) in the first sentence of subsection (b)--
                    (A) by striking ``collect any costs'' and inserting 
                ``recover any costs''; and
                    (B) by striking ``similar project'' and inserting 
                ``similar projects''.

SEC. 107. PROTECTING THE RIGHT OF INDIVIDUALS TO BEAR ARMS AT WATER 
              RESOURCES DEVELOPMENT PROJECTS.

    The Secretary of the Army shall not promulgate or enforce any 
regulation that prohibits an individual from possessing a firearm, 
including an assembled or functional firearm, in any area open to the 
public (other than a Federal facility as defined in section 930(g) of 
title 18, United States Code) at a water resources development project 
covered under section 327.0 of title 36, Code of Federal Regulations 
(as in effect on the date of enactment of this Act), if--
            (1) the individual is not otherwise prohibited by law from 
        possessing the firearm; and
            (2) the possession of the firearm is in compliance with the 
        law of the State in which the water resources development 
        project is located.

SEC. 108. FEDERAL ACTION TRANSPARENCY.

    (a) Modification of Equal Access to Justice Provisions.--
            (1) Agency proceedings.--Section 504 of title 5, United 
        States Code, is amended--
                    (A) in subsection (c)(1), by striking ``, United 
                States Code'';
                    (B) by redesignating subsection (f) as subsection 
                (i); and
                    (C) by striking subsection (e) and inserting the 
                following:
    ``(e)(1) Not later than March 31 of the first fiscal year beginning 
after the date of enactment of the Bipartisan Sportsmen's Act of 2015, 
and every fiscal year thereafter, the Chairman of the Administrative 
Conference of the United States, after consultation with the Chief 
Counsel for Advocacy of the Small Business Administration, shall submit 
to Congress and make publicly available online a report on the amount 
of fees and other expenses awarded during the preceding fiscal year 
under this section.
    ``(2) Each report under paragraph (1) shall describe the number, 
nature, and amount of the awards, the claims involved in the 
controversy, and any other relevant information that may aid Congress 
in evaluating the scope and impact of such awards.
    ``(3)(A) Each report under paragraph (1) shall account for all 
payments of fees and other expenses awarded under this section that are 
made pursuant to a settlement agreement, regardless of whether the 
settlement agreement is sealed or otherwise subject to a nondisclosure 
provision.
    ``(B) The disclosure of fees and other expenses required under 
subparagraph (A) shall not affect any other information that is subject 
to a nondisclosure provision in a settlement agreement.
    ``(f) As soon as practicable, and in any event not later than the 
date on which the first report under subsection (e)(1) is required to 
be submitted, the Chairman of the Administrative Conference of the 
United States shall create and maintain online a searchable database 
containing, with respect to each award of fees and other expenses under 
this section made on or after the date of enactment of the Bipartisan 
Sportsmen's Act of 2015, the following information:
            ``(1) The case name and number of the adversary 
        adjudication, if available, hyperlinked to the case, if 
        available.
            ``(2) The name of the agency involved in the adversary 
        adjudication.
            ``(3) A description of the claims in the adversary 
        adjudication.
            ``(4) The name of each party to whom the award was made.
            ``(5) The amount of the award.
            ``(6) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
    ``(g) The online searchable database described in subsection (f) 
may not reveal any information the disclosure of which is prohibited by 
law or a court order.
    ``(h) The head of each agency shall provide to the Chairman of the 
Administrative Conference of the United States in a timely manner all 
information requested by the Chairman to comply with the requirements 
of subsections (e), (f), and (g).''.
            (2) Court cases.--Section 2412(d) of title 28, United 
        States Code, is amended by adding at the end the following:
    ``(5)(A) Not later than March 31 of the first fiscal year beginning 
after the date of enactment of the Bipartisan Sportsmen's Act of 2015, 
and every fiscal year thereafter, the Chairman of the Administrative 
Conference of the United States shall submit to Congress and make 
publicly available online a report on the amount of fees and other 
expenses awarded during the preceding fiscal year pursuant to this 
subsection.
    ``(B) Each report under subparagraph (A) shall describe the number, 
nature, and amount of the awards, the claims involved in the 
controversy, and any other relevant information that may aid Congress 
in evaluating the scope and impact of such awards.
    ``(C)(i) Each report under subparagraph (A) shall account for all 
payments of fees and other expenses awarded under this subsection that 
are made pursuant to a settlement agreement, regardless of whether the 
settlement agreement is sealed or otherwise subject to a nondisclosure 
provision.
    ``(ii) The disclosure of fees and other expenses required under 
clause (i) shall not affect any other information that is subject to a 
nondisclosure provision in a settlement agreement.
    ``(D) The Chairman of the Administrative Conference of the United 
States shall include and clearly identify in each annual report under 
subparagraph (A), for each case in which an award of fees and other 
expenses is included in the report--
            ``(i) any amounts paid under section 1304 of title 31 for a 
        judgment in the case;
            ``(ii) the amount of the award of fees and other expenses; 
        and
            ``(iii) the statute under which the plaintiff filed suit.
    ``(6) As soon as practicable, and in any event not later than the 
date on which the first report under paragraph (5)(A) is required to be 
submitted, the Chairman of the Administrative Conference of the United 
States shall create and maintain online a searchable database 
containing, with respect to each award of fees and other expenses under 
this subsection made on or after the date of enactment of the 
Bipartisan Sportsmen's Act of 2015, the following information:
            ``(A) The case name and number, hyperlinked to the case, if 
        available.
            ``(B) The name of the agency involved in the case.
            ``(C) The name of each party to whom the award was made.
            ``(D) A description of the claims in the case.
            ``(E) The amount of the award.
            ``(F) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
    ``(7) The online searchable database described in paragraph (6) may 
not reveal any information the disclosure of which is prohibited by law 
or a court order.
    ``(8) The head of each agency (including the Attorney General of 
the United States) shall provide to the Chairman of the Administrative 
Conference of the United States in a timely manner all information 
requested by the Chairman to comply with the requirements of paragraphs 
(5), (6), and (7).''.
            (3) Technical and conforming amendments.--Section 2412 of 
        title 28, United States Code, is amended--
                    (A) in subsection (d)(3), by striking ``United 
                States Code,''; and
                    (B) in subsection (e)--
                            (i) by striking ``of section 2412 of title 
                        28, United States Code,'' and inserting ``of 
                        this section''; and
                            (ii) by striking ``of such title'' and 
                        inserting ``of this title''.
    (b) Judgment Fund Transparency.--Section 1304 of title 31, United 
States Code, is amended by adding at the end the following:
    ``(d) Beginning not later than the date that is 60 days after the 
date of enactment of the Bipartisan Sportsmen's Act of 2015, and unless 
the disclosure of such information is otherwise prohibited by law or a 
court order, the Secretary of the Treasury shall make available to the 
public on a website, as soon as practicable, but not later than 30 days 
after the date on which a payment under this section is tendered, the 
following information with regard to that payment:
            ``(1) The name of the specific agency or entity whose 
        actions gave rise to the claim or judgment.
            ``(2) The name of the plaintiff or claimant.
            ``(3) The name of counsel for the plaintiff or claimant.
            ``(4) The amount paid representing principal liability, and 
        any amounts paid representing any ancillary liability, 
        including attorney fees, costs, and interest.
            ``(5) A brief description of the facts that gave rise to 
        the claim.
            ``(6) The name of the agency that submitted the claim.''.

SEC. 109. BOWS IN THE PARKS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the National Park Service.
            (2) Not ready for immediate use.--The term ``not ready for 
        immediate use'' means--
                    (A) a bow or crossbow, the arrows of which are 
                secured or stowed in a quiver or other arrow transport 
                case; and
                    (B) with respect to a crossbow, uncocked.
    (b) Vehicular Transportation Authorized.--The Director shall not 
promulgate or enforce any regulation that prohibits an individual from 
transporting bows and crossbows that are not ready for immediate use 
across any unit of the National Park System in the vehicle of the 
individual if--
            (1) the individual is not otherwise prohibited by law from 
        possessing the bows and crossbows;
            (2) the bows or crossbows that are not ready for immediate 
        use remain inside the vehicle of the individual throughout the 
        period during which the bows or crossbows are transported 
        across National Park System land; and
            (3) the possession of the bows and crossbows is in 
        compliance with the law of the State in which the unit of the 
        National Park System is located.

                     TITLE II--HABITAT CONSERVATION

SEC. 201. AVAILABILITY OF LAND AND WATER CONSERVATION FUND FOR 
              RECREATIONAL PUBLIC ACCESS PROJECTS.

    (a) Availability of Funds.--Section 200303 of title 54, United 
States Code, is amended to read as follows:
``Sec. 200303. Availability of funds for certain projects
    ``Notwithstanding any other provision of this Act, the Secretary 
and the Secretary of Agriculture shall ensure that, of the amounts 
appropriated for the fund for each fiscal year, not less than the 
greater of 1.5 percent of the amounts or $10,000,000 shall be made 
available for projects that secure public access to Federal land for 
hunting, fishing, and other recreational purposes through easements, 
rights-of-way, or fee title acquisitions from willing sellers.''.
    (b) Conforming Amendments.--
            (1) Availability of deposits.--Section 200302(c)(3) of 
        title 54, United States Code, is amended by striking 
        ``Notwithstanding section 200303 of this title, money'' and 
        inserting ``Money''.
            (2) Contracts for acquisition of land and water.--Section 
        200308 of title 54, United States Code, is amended in the first 
        sentence, by striking ``by section 200303 of this title''.
            (3) Contracts for options to acquire land and water in 
        system.--Section 200309 of title 54, United States Code, is 
        amended in the third sentence by striking ``by section 200303 
        of this title''.

SEC. 202. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING, AND 
              FISHING ON FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Federal public land management agency.--The term 
        ``Federal public land management agency'' means any of the 
        National Park Service, the United States Fish and Wildlife 
        Service, the Forest Service, and the Bureau of Land Management.
            (2) State or regional office.--The term ``State or regional 
        office'' means--
                    (A) a State office of the Bureau of Land 
                Management; or
                    (B) a regional office of the National Park Service, 
                the United States Fish and Wildlife Service, or the 
                Forest Service.
            (3) Travel management plan.--The term ``travel management 
        plan'' means a plan for the management of travel--
                    (A) with respect to land under the jurisdiction of 
                the National Park Service, on park roads and designated 
                routes under section 4.10 of title 36, Code of Federal 
                Regulations (or successor regulations);
                    (B) with respect to land under the jurisdiction of 
                the United States Fish and Wildlife Service, on the 
                land under a comprehensive conservation plan prepared 
                under section 4(e) of the National Wildlife Refuge 
                System Administration Act of 1966 (16 U.S.C. 668dd(e));
                    (C) with respect to land under the jurisdiction of 
                the Forest Service, on National Forest System land 
                under part 212 of title 36, Code of Federal Regulations 
                (or successor regulations); and
                    (D) with respect to land under the jurisdiction of 
                the Bureau of Land Management, under a resource 
                management plan developed under the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (b) Priority Lists Required.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, annually during the 10-year period 
        beginning on the date on which the first priority list is 
        completed, and every 5 years after the end of the 10-year 
        period, each head of each State or regional office shall 
        prepare a priority list, to be made publicly available on the 
        website of the applicable Federal public land management 
        agency, which shall identify the location and acreage of land 
        under the jurisdiction of the State or regional office on which 
        the public is allowed, under Federal or State law, to hunt, 
        fish, or use the land for other recreational purposes but--
                    (A) to which there is no public access or egress; 
                or
                    (B) to which public access or egress to the legal 
                boundaries of the land is significantly restricted (as 
                determined by the head of the State or regional 
                office).
            (2) Minimum size.--Any land identified under paragraph (1) 
        shall consist of contiguous acreage of at least 640 acres.
            (3) Considerations.--In preparing the priority list 
        required under paragraph (1), the head of the State or regional 
        office shall consider with respect to the land--
                    (A) whether access is absent or merely restricted, 
                including the extent of the restriction;
                    (B) the likelihood of resolving the absence of or 
                restriction to public access;
                    (C) the potential for recreational use;
                    (D) any information received from the public or 
                other stakeholders during the nomination process 
                described in paragraph (5); and
                    (E) any other factor as determined by the head of 
                the State or regional office.
            (4) Adjacent land status.--For each parcel of land on the 
        priority list, the head of the State or regional office shall 
        state whether resolving the issue of public access or egress to 
        the land would require acquisition of an easement, right-of-
        way, or fee title from--
                    (A) another Federal agency;
                    (B) a State, local, or tribal government; or
                    (C) a private landowner.
            (5) Nomination process.--In preparing a priority list under 
        this section, the head of the State or regional office shall 
        provide an opportunity for members of the public to nominate 
        parcels for inclusion on the priority list.
    (c) Access Options.--With respect to land included on a priority 
list described in subsection (b), the head of the State or regional 
office shall develop and submit to the Committees on Appropriations and 
Energy and Natural Resources of the Senate and the Committees on 
Appropriations and Natural Resources of the House of Representatives a 
report on options for providing access that--
            (1) identifies how public access and egress could 
        reasonably be provided to the legal boundaries of the land in a 
        manner that minimizes the impact on wildlife habitat and water 
        quality;
            (2) specifies the steps recommended to secure the access 
        and egress, including acquiring an easement, right-of-way, or 
        fee title from a willing owner of any land that abuts the land 
        or the need to coordinate with State land management agencies 
        or other Federal, State, or tribal governments to allow for 
        such access and egress; and
            (3) is consistent with the travel management plan in effect 
        on the land.
    (d) Protection of Personally Identifying Information.--In making 
the priority list and report prepared under subsections (b) and (c) 
available, the head of the State or regional office shall ensure that 
no personally identifying information is included, such as names or 
addresses of individuals or entities.
    (e) Willing Owners.--For purposes of providing any permits to, or 
entering into agreements with, a State, local, or tribal government or 
private landowner with respect to the use of land under the 
jurisdiction of the government or landowner, a Federal land management 
agency shall not take into account whether the State, local, or tribal 
government or private landowner has granted or denied public access or 
egress to the land.
    (f) Means of Public Access and Egress Included.--In considering 
public access and egress under subsections (b) and (c), the head of the 
applicable Federal public land management agency shall consider public 
access and egress to the legal boundaries of the land described in 
those subsections, including access and egress--
            (1) by motorized or non-motorized vehicles; and
            (2) on foot or horseback.
    (g) Effect.--
            (1) In general.--This section shall have no effect on 
        whether a particular recreational use shall be allowed on the 
        land included in a priority list under this section.
            (2) Effect of allowable uses on agency consideration.--In 
        preparing the priority list under subsection (b), the head of 
        the applicable State or regional office shall only consider 
        recreational uses that are allowed on the land at the time that 
        the priority list is prepared.

SEC. 203. FEDERAL LAND TRANSACTION FACILITATION ACT.

    (a) In General.--The Federal Land Transaction Facilitation Act is 
amended--
            (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
        the date of enactment of this Act was'' and inserting ``is'';
            (2) in section 205 (43 U.S.C. 2304)--
                    (A) in subsection (a), by striking ``(as in effect 
                on the date of enactment of this Act)''; and
                    (B) by striking subsection (d);
            (3) in section 206 (43 U.S.C. 2305), by striking subsection 
        (f); and
            (4) in section 207(b) (43 U.S.C. 2306(b))--
                    (A) in paragraph (1)--
                            (i) by striking ``96-568'' and inserting 
                        ``96-586''; and
                            (ii) by striking ``; or'' and inserting a 
                        semicolon;
                    (B) in paragraph (2)--
                            (i) by inserting ``Public Law 105-263;'' 
                        before ``112 Stat.''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) the White Pine County Conservation, Recreation, and 
        Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
            ``(4) the Lincoln County Conservation, Recreation, and 
        Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
            ``(5) subtitle F of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
        11);
            ``(6) subtitle O of title I of the Omnibus Public Land 
        Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
        Public Law 111-11);
            ``(7) section 2601 of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
            ``(8) section 2606 of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
    (b) Funds to the Treasury.--Of the amounts deposited in the Federal 
Land Disposal Account, there shall be transferred to the Treasury 
$1,000,000 for each of fiscal years 2016 through 2025.

SEC. 204. NORTH AMERICAN WETLANDS CONSERVATION ACT.

    Section 7(c) of the North American Wetlands Conservation Act (16 
U.S.C. 4406(c)) is amended--
            (1) in paragraph (4), by striking ``and'';
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) $50,000,000 for each of fiscal years 2015 through 
        2020.''.

SEC. 205. NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT.

    (a) Board of Directors of the Foundation.--
            (1) In general.--Section 3 of the National Fish and 
        Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
        amended--
                    (A) in subsection (b)--
                            (i) by striking paragraph (2) and inserting 
                        the following:
            ``(2) In general.--After consulting with the Secretary of 
        Commerce and considering the recommendations submitted by the 
        Board, the Secretary of the Interior shall appoint 28 Directors 
        who, to the maximum extent practicable, shall--
                    ``(A) be knowledgeable and experienced in matters 
                relating to the conservation of fish, wildlife, or 
                other natural resources; and
                    ``(B) represent a balance of expertise in ocean, 
                coastal, freshwater, and terrestrial resource 
                conservation.''; and
                            (ii) by striking paragraph (3) and 
                        inserting the following:
            ``(3) Terms.--Each Director (other than a Director 
        described in paragraph (1)) shall be appointed for a term of 6 
        years.''; and
                    (B) in subsection (g)(2)--
                            (i) in subparagraph (A), by striking ``(A) 
                        Officers and employees may not be appointed 
                        until the Foundation has sufficient funds to 
                        pay them for their service. Officers'' and 
                        inserting the following:
                    ``(A) In general.--Officers''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Executive director.--The Foundation shall 
                have an Executive Director who shall be--
                            ``(i) appointed by, and serve at the 
                        direction of, the Board as the chief executive 
                        officer of the Foundation; and
                            ``(ii) knowledgeable and experienced in 
                        matters relating to fish and wildlife 
                        conservation.''.
            (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
        American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) is 
        amended by striking ``Secretary of the Board'' and inserting 
        ``Executive Director of the Board''.
    (b) Rights and Obligations of the Foundation.--Section 4 of the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
3703) is amended--
            (1) in subsection (c)--
                    (A) by striking ``(c) Powers.--To carry out its 
                purposes under'' and inserting the following:
    ``(c) Powers.--
            ``(1) In general.--To carry out the purposes described 
        in'';
                    (B) by redesignating paragraphs (1) through (11) as 
                subparagraphs (A) through (K), respectively, and 
                indenting appropriately;
                    (C) in subparagraph (D) (as redesignated by 
                subparagraph (B)), by striking ``that are insured by an 
                agency or instrumentality of the United States'' and 
                inserting ``at 1 or more financial institutions that 
                are members of the Federal Deposit Insurance 
                Corporation or the Securities Investment Protection 
                Corporation'';
                    (D) in subparagraph (E) (as redesignated by 
                subparagraph (B)), by striking ``paragraph (3) or (4)'' 
                and inserting ``subparagraph (C) or (D)'';
                    (E) in subparagraph (J) (as redesignated by 
                subparagraph (B)), by striking ``; and'' and inserting 
                a semicolon;
                    (F) by striking subparagraph (K) (as redesignated 
                by subparagraph (B)) and inserting the following:
                    ``(K) to receive and administer restitution and 
                community service payments, amounts for mitigation of 
                impacts to natural resources, and other amounts arising 
                from legal, regulatory, or administrative proceedings, 
                subject to the condition that the amounts are received 
                or administered for purposes that further the 
                conservation and management of fish, wildlife, plants, 
                and other natural resources; and
                    ``(L) to do acts necessary to carry out the 
                purposes of the Foundation.''; and
                    (G) by striking the undesignated matter at the end 
                and inserting the following:
            ``(2) Treatment of real property.--
                    ``(A) In general.--For purposes of this Act, an 
                interest in real property shall be treated as including 
                easements or other rights for preservation, 
                conservation, protection, or enhancement by and for the 
                public of natural, scenic, historic, scientific, 
                educational, inspirational, or recreational resources.
                    ``(B) Encumbered real property.--A gift, devise, or 
                bequest may be accepted by the Foundation even though 
                the gift, devise, or bequest is encumbered, restricted, 
                or subject to beneficial interests of private persons 
                if any current or future interest in the gift, devise, 
                or bequest is for the benefit of the Foundation.
            ``(3) Savings clause.--The acceptance and administration of 
        amounts by the Foundation under paragraph (1)(K) does not 
        alter, supersede, or limit any regulatory or statutory 
        requirement associated with those amounts.'';
            (2) by striking subsections (f) and (g); and
            (3) by redesignating subsections (h) and (i) as subsections 
        (f) and (g), respectively.
    (c) Authorization of Appropriations.--Section 10 of the National 
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709) is 
amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this Act for each of fiscal years 2015 through 
        2020--
                    ``(A) $15,000,000 to the Secretary of the Interior;
                    ``(B) $5,000,000 to the Secretary of Agriculture; 
                and
                    ``(C) $5,000,000 to the Secretary of Commerce.'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Amounts from federal agencies.--
                    ``(A) In general.--In addition to the amounts 
                authorized to be appropriated under subsection (a), 
                Federal departments, agencies, or instrumentalities may 
                provide Federal funds to the Foundation, subject to the 
                condition that the amounts are used for purposes that 
                further the conservation and management of fish, 
                wildlife, plants, and other natural resources in 
                accordance with this Act.
                    ``(B) Advances.--Federal departments, agencies, or 
                instrumentalities may advance amounts described in 
                subparagraph (A) to the Foundation in a lump sum 
                without regard to when the expenses for which the 
                amounts are used are incurred.
                    ``(C) Management fees.--The Foundation may assess 
                and collect fees for the management of amounts received 
                under this paragraph.'';
                    (B) in paragraph (2)--
                            (i) in the paragraph heading, by striking 
                        ``funds'' and inserting ``amounts'';
                            (ii) by striking ``shall be used'' and 
                        inserting ``may be used''; and
                            (iii) by striking ``and State and local 
                        government agencies'' and inserting ``, State 
                        and local government agencies, and other 
                        entities''; and
                    (C) by adding at the end the following:
            ``(3) Administration of amounts.--
                    ``(A) In general.--In entering into contracts, 
                agreements, or other partnerships pursuant to this Act, 
                a Federal department, agency, or instrumentality shall 
                have discretion to waive any competitive process 
                applicable to the department, agency, or 
                instrumentality for entering into contracts, 
                agreements, or partnerships with the Foundation if the 
                purpose of the waiver is--
                            ``(i) to address an environmental emergency 
                        resulting from a natural or other disaster; or
                            ``(ii) as determined by the head of the 
                        applicable Federal department, agency, or 
                        instrumentality, to reduce administrative 
                        expenses and expedite the conservation and 
                        management of fish, wildlife, plants, and other 
                        natural resources.
                    ``(B) Reports.--The Foundation shall include in the 
                annual report submitted under section 7(b) a 
                description of any use of the authority under 
                subparagraph (A) by a Federal department, agency, or 
                instrumentality in that fiscal year.''; and
            (3) by adding at the end the following:
    ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
Property.--Any gifts, devises, or bequests of amounts or other 
property, or any other amounts or other property, transferred to, 
deposited with, or otherwise in the possession of the Foundation 
pursuant to this Act, may be made available by the Foundation to 
Federal departments, agencies, or instrumentalities and may be accepted 
and expended (or the disposition of the amounts or property directed), 
without further appropriation, by those Federal departments, agencies, 
or instrumentalities, subject to the condition that the amounts or 
property be used for purposes that further the conservation and 
management of fish, wildlife, plants, and other natural resources.''.
    (d) Limitation on Authority.--Section 11 of the National Fish and 
Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by 
inserting ``exclusive'' before ``authority''.
                                                        Calendar No. 15

114th CONGRESS

  1st Session

                                 S. 405

_______________________________________________________________________

                                 A BILL

To protect and enhance opportunities for recreational hunting, fishing, 
                 and shooting, and for other purposes.

_______________________________________________________________________

                            February 9, 2015

            Read the second time and placed on the calendar
```