I 
116TH CONGRESS 
2D SESSION 
H. R. 5705 
To amend the Endangered Species Act of 1973 to restrict the Secretary’s 
ability to alter permits, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 29, 2020 
Ms. CHENEY (for herself, Mr. GOSAR, Mr. MCCLINTOCK, Mr. NEWHOUSE, Mr. 
NORMAN, Mr. GIANFORTE, Mr. CRAWFORD, and Mr. ARMSTRONG) intro-
duced the following bill; which was referred to the Committee on Natural 
Resources, and in addition to the Committee on Agriculture, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Endangered Species Act of 1973 to restrict 
the Secretary’s ability to alter permits, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Increasing Access and 
Multiple Use Act of 2020’’. 
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SEC. 2. PERMIT CERTAINTY. 
The Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 19. PERMIT CHANGES. 
‘‘(a) IN GENERAL.—If the holder of a permit issued 
under this Act for other than scientific purposes is in com-
pliance with the terms and conditions of the permit, the 
Secretary may not require the holder, without the consent 
of the holder, to adopt any new minimization, mitigation, 
or other measure with respect to any species adequately 
covered by the permit during the term of the permit, ex-
cept as provided in subsections (b) and (c) to meet cir-
cumstances that have changed subsequent to the issuance 
of the permit. 
‘‘(b) CHANGED
CIRCUMSTANCES
IDENTIFIED
IN 
PERMIT.—For any circumstance identified in a permit 
under this Act that has changed, the Secretary may, in 
the absence of consent of the permit holder, require only 
such additional minimization, mitigation, or other meas-
ures as are already provided in the permit or incorporated 
document for such changed circumstance. 
‘‘(c) CHANGED CIRCUMSTANCES NOT IDENTIFIED IN 
PERMIT.—For any changed circumstance not identified in 
a permit under this Act, the Secretary may, in the absence 
of consent of the permit holder, require only such addi-
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tional minimization, mitigation, or other measures to ad-
dress such changed circumstance that do not involve the 
commitment of any additional land, water, or financial 
compensation not otherwise committed, or the imposition 
of additional restrictions on the use of any land, water 
or other natural resources otherwise available for develop-
ment or use, under the original terms and conditions of 
the permit or incorporated document. 
‘‘(d) BURDEN OF PROOF.—The Secretary shall have 
the burden of proof in demonstrating and documenting, 
with the best available scientific data, the occurrence of 
any changed circumstances for purposes of this section.’’. 
SEC. 3. NO NET LOSS. 
A critical habitat designation or listing of a species 
under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) shall not result in a net loss of acreage, per-
mits, or leases within grazing allotments or other multiple 
use activities. 
SEC. 4. PRESENCE OF A SPECIES. 
The presence of critical habitat or a species listed 
under the Endangered Species Act shall not the result in 
the denial of any Federal permit, lease, or expansion of 
multiple use activities based on the presence of the species 
or habitat. 
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SEC. 5. CONSULTATION REQUIREMENT. 
The Secretary may not designate lands as critical 
habitat unless, before such designation, the Secretary— 
(1) consults with each community, county, mu-
nicipality, city, town, or township with boundaries 
within or adjacent to lands affected by such designa-
tion; and 
(2) obtains the concurrence for the designation 
from— 
(A) the governing body of each entity de-
scribed in paragraph (1); and 
(B) the wildlife management and land 
management authorities and governor of each 
State in which all or part of the new or ex-
panded critical habitat would be located. 
SEC. 6. RECREATIONAL FISHING AND HUNTING HERITAGE 
OPPORTUNITIES ACT. 
(a) DEFINITIONS.—In this section: 
(1) FEDERAL PUBLIC LAND.—The term ‘‘Fed-
eral public land’’ means any land or water that is 
owned and managed by the Bureau of Land Man-
agement or the Forest Service. 
(2) FEDERAL PUBLIC LAND MANAGEMENT OF-
FICIALS.—The term ‘‘Federal public land manage-
ment officials’’ means— 
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(A) the Secretary of the Interior and the 
Director of the Bureau of Land Management 
regarding Bureau of Land Management lands 
and waters; and 
(B) the Secretary of Agriculture and the 
Chief of the Forest Service regarding the Na-
tional Forest System. 
(3) HUNTING.— 
(A) IN GENERAL.—Except as provided in 
clause (ii), the term ‘‘hunting’’ means use of a 
firearm, bow, or other authorized means in the 
lawful— 
(i) pursuit, shooting, capture, collec-
tion, trapping, or killing of wildlife; 
(ii) attempt to pursue, shoot, capture, 
collect, trap, or kill wildlife; or 
(iii) the training of hunting dogs, in-
cluding field trials. 
(B) EXCLUSION.—The term ‘‘hunting’’ 
does not include the use of skilled volunteers to 
cull excess animals (as defined by other Federal 
law). 
(4) RECREATIONAL FISHING.—The term ‘‘rec-
reational fishing’’ means the lawful— 
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(A) pursuit, capture, collection, or killing 
of fish; or 
(B) attempt to capture, collect, or kill fish. 
(5) 
RECREATIONAL
SHOOTING.—The 
term 
‘‘recreational shooting’’ means any form of sport, 
training, competition, or pastime, whether formal or 
informal, that involves the discharge of a rifle, hand-
gun, or shotgun, or the use of a bow and arrow. 
(b) RECREATIONAL FISHING, HUNTING, AND SHOOT-
ING.— 
(1) IN
GENERAL.—Subject to valid existing 
rights and paragraph (7), and cooperation with the 
respective State fish and wildlife agency, Federal 
public land management officials shall exercise au-
thority under existing law, including provisions re-
garding land use planning, to facilitate use of and 
access to Federal public lands, including National 
Monuments, Wilderness Areas, Wilderness Study 
Areas, and lands administratively classified as wil-
derness eligible or suitable and primitive or semi- 
primitive areas, for recreational fishing, hunting, 
and shooting, except as limited by— 
(A) statutory authority that authorizes ac-
tion or withholding action for reasons of na-
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tional security, public safety, or resource con-
servation; 
(B) any other Federal statute that specifi-
cally precludes recreational fishing, hunting, or 
shooting on specific Federal public lands, 
waters, or units thereof; or 
(C) 
discretionary 
limitations 
on 
rec-
reational fishing, hunting, and shooting deter-
mined to be necessary and reasonable as sup-
ported by the best scientific evidence and ad-
vanced through a transparent public process. 
(2) MANAGEMENT.—Consistent with paragraph 
(1), the head of each Federal public land manage-
ment agency shall exercise its land management dis-
cretion— 
(A) in a manner that supports and facili-
tates recreational fishing, hunting, and shooting 
opportunities; 
(B) to the extent authorized under applica-
ble State law; and 
(C) in accordance with applicable Federal 
law. 
(3) PLANNING.— 
(A) EVALUATION OF EFFECTS ON OPPOR-
TUNITIES TO ENGAGE IN RECREATIONAL FISH-
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ING, HUNTING, OR SHOOTING.—Federal public 
land planning documents, including land re-
sources management plans, resource manage-
ment plans, and comprehensive conservation 
plans, shall include a specific evaluation of the 
effects of such plans on opportunities to engage 
in recreational fishing, hunting, or shooting. 
(B) NO MAJOR FEDERAL ACTION.—No ac-
tion taken under this title, or under section 4 
of the National Wildlife Refuge System Admin-
istration Act of 1966 (16 U.S.C. 668dd), either 
individually or cumulatively with other actions 
involving Federal public lands or lands man-
aged by the United States Fish and Wildlife 
Service, shall be considered under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) to be a major Federal action sig-
nificantly affecting the quality of the human en-
vironment, and no additional identification, 
analysis, or consideration of environmental ef-
fects, including cumulative effects, is necessary 
or required with respect to such an action. 
(C) OTHER ACTIVITY NOT CONSIDERED.— 
Federal public land management officials are 
not required to consider the existence or avail-
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ability of recreational fishing, hunting, or shoot-
ing opportunities on adjacent or nearby public 
or private lands in the planning for or deter-
mination of which Federal public lands are 
open for these activities or in the setting of lev-
els of use for these activities on Federal public 
lands, unless the combination or coordination of 
such opportunities would enhance the rec-
reational fishing, hunting, or shooting opportu-
nities available to the public. 
(4) FEDERAL PUBLIC LANDS.— 
(A) LANDS
OPEN.—Notwithstanding any 
other law, lands under the jurisdiction of the 
Bureau of Land Management or the Forest 
Service, including Wilderness Areas, Wilderness 
Study Areas, lands designated as wilderness or 
administratively classified as wilderness eligible 
or suitable and primitive or semi-primitive areas 
and National Monuments, but excluding lands 
on the Outer Continental Shelf, shall be open to 
recreational fishing, hunting, and shooting un-
less the managing Federal agency acts to close 
lands to such activity. Lands may be made sub-
ject to closure to or restriction on recreational 
fishing, hunting, or shooting if determined by 
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the head of the agency concerned to be nec-
essary 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, protec-
tion of other permittees, protection of private 
property rights or interest, national security, or 
compliance with other law. 
(B) SHOOTING RANGES.— 
(i) IN GENERAL.—The head of each 
Federal agency shall use his or her au-
thorities in a manner consistent with this 
title and other applicable law, to— 
(I) lease or permit use of lands 
under the jurisdiction of the agency 
for shooting ranges; and 
(II) 
designate 
specific 
lands 
under the jurisdiction of the agency 
for recreational shooting activities. 
(ii) LIMITATION ON LIABILITY.—Any 
designation under clause (i)(II) shall not 
subject the United States to any civil ac-
tion or claim for monetary damages for in-
jury or loss of property or personal injury 
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or death caused by any activity occurring 
at or on such designated lands. 
(5) NECESSITY
IN
WILDERNESS
AREAS
AND 
‘‘WITHIN
AND
SUPPLEMENTAL
TO’’ WILDERNESS 
PURPOSES.— 
(A) MINIMUM REQUIREMENTS FOR ADMIN-
ISTRATION.—The provision of opportunities for 
recreational fishing, hunting, and shooting and 
the conservation of fish and wildlife to provide 
sustainable use recreational opportunities on 
designated Federal wilderness areas shall con-
stitute measures necessary to meet the min-
imum requirements for the administration of 
the wilderness area, provided that this deter-
mination shall not authorize or facilitate com-
modity development, use, or extraction, motor-
ized recreational access or use that is not other-
wise allowed under the Wilderness Act (16 
U.S.C. 1131 et seq.), or permanent road con-
struction or maintenance within designated wil-
derness areas. 
(B) APPLICATION OF WILDERNESS ACT.— 
Provisions of the Wilderness Act (16 U.S.C. 
1131 et seq.), stipulating that wilderness pur-
poses are ‘‘within and supplemental to’’ the 
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purposes of the underlying Federal land unit 
are reaffirmed. When seeking to carry out fish 
and wildlife conservation programs and projects 
or provide fish and wildlife dependent recre-
ation opportunities on designated wilderness 
areas, the head of each Federal agency shall 
implement these supplemental purposes so as to 
facilitate, enhance, or both, but not to impede 
the underlying Federal land purposes when 
seeking to carry out fish and wildlife conserva-
tion programs and projects or provide fish and 
wildlife dependent recreation opportunities in 
designated wilderness areas, provided that such 
implementation shall not authorize or facilitate 
commodity development, use or extraction, or 
permanent road construction or use within des-
ignated wilderness areas. 
(6) REPORT.—Beginning on the second October 
1 after the date of the enactment of this Act and bi-
ennially on October 1 thereafter, the head of each 
Federal agency who has authority to manage Fed-
eral public land on which recreational fishing, hunt-
ing, or shooting occurs shall submit to the Com-
mittee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
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ural Resources of the Senate a report that de-
scribes— 
(A) any Federal public land administered 
by the agency head that was closed to rec-
reational fishing, hunting, or shooting at any 
time during the preceding year; and 
(B) the reason for the closure. 
(7) CLOSURES OR SIGNIFICANT RESTRICTIONS 
OF 640 OR MORE ACRES.— 
(A) IN GENERAL.—Other than closures es-
tablished or prescribed by land planning actions 
referred to in paragraph (4) or emergency clo-
sures described in subparagraph (C), a perma-
nent or temporary withdrawal, change of classi-
fication, or change of management status of 
Federal public land that effectively closes or 
significantly restricts 640 or more contiguous 
acres of Federal public land to access or use for 
recreational fishing or hunting or activities re-
lated to recreational fishing or hunting, or both, 
shall take effect only if, before the date of with-
drawal or change, the head of the Federal agen-
cy that has jurisdiction over the Federal public 
land— 
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(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 Rep-
resentatives and the Committee on Energy 
and Natural Resources of the Senate writ-
ten notice of the withdrawal or change, re-
spectively. 
(B) AGGREGATE
OR
CUMULATIVE
EF-
FECTS.—If the aggregate or cumulative effect 
of separate withdrawals or changes effectively 
closes or significantly restricts 1,280 or more 
acres of land or water, such withdrawals and 
changes shall be treated as a single withdrawal 
or change for purposes of subparagraph (A). 
(C) EMERGENCY CLOSURES.—Nothing in 
this title prohibits a Federal land management 
agency from establishing or implementing emer-
gency closures or restrictions of the smallest 
practicable area to provide for public safety, re-
source conservation, national security, or other 
purposes authorized by law. Such an emergency 
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closure shall terminate after a reasonable period 
of time unless converted to a permanent closure 
consistent with this section. 
(8) NATIONAL PARK SERVICE UNITS NOT AF-
FECTED.—Nothing in this title shall affect or modify 
management or use of units of the National Park 
System. 
(9) NO
PRIORITY.—Nothing in this title re-
quires a Federal land management agency to give 
preference to recreational fishing, hunting, or shoot-
ing over other uses of Federal public land or over 
land or water management priorities established by 
Federal law. 
(10) CONSULTATION WITH COUNCILS.—In ful-
filling the duties set forth in this section, the heads 
of Federal agencies shall consult with respective ad-
visory councils as established in Executive Order 
Nos. 12962 and 13443. 
(11) AUTHORITY OF THE STATES.— 
(A) IN
GENERAL.—Nothing in this title 
shall be construed as interfering with, dimin-
ishing, or conflicting with the authority, juris-
diction, or responsibility of any State to exercise 
primary management, control, or regulation of 
fish and wildlife under State law (including reg-
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ulations) on land or water within the State, in-
cluding on Federal public land. 
(B) FEDERAL LICENSES.—Nothing in this 
title shall be construed to authorize the head of 
a Federal agency 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 States, except that this paragraph shall not 
affect the Migratory Bird Stamp requirement 
set forth in the Migratory Bird Hunting and 
Conservation Stamp Act (16 U.S.C. 718 et 
seq.). 
(c) VOLUNTEER HUNTERS; REPORTS; CLOSURES 
AND RESTRICTIONS.— 
(1) DEFINITIONS.—For the purposes of this 
subsection: 
(A) PUBLIC
LAND.—The term ‘‘public 
land’’ means— 
(i) units of the National Park System; 
(ii) National Forest System lands; 
and 
(iii) land and interests in land owned 
by the United States and under the admin-
istrative jurisdiction of— 
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(I) the United States Fish and 
Wildlife Service; or 
(II) the Bureau of Land Manage-
ment. 
(B) SECRETARY.—The term ‘‘Secretary’’ 
means— 
(i) the Secretary of the Interior and 
includes the Director of the National Park 
Service, with regard to units of the Na-
tional Park System; 
(ii) the Secretary of the Interior and 
includes the Director of the United States 
Fish and Wildlife Service, with regard to 
United States Fish and Wildlife Service 
lands and waters; 
(iii) the Secretary of the Interior and 
includes the Director of the Bureau of 
Land Management, with regard to Bureau 
of Land Management lands and waters; 
and 
(iv) the Secretary of Agriculture and 
includes the Chief of the Forest Service, 
with regard to National Forest System 
lands. 
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(C) VOLUNTEER
FROM
THE
HUNTING 
COMMUNITY.—The term ‘‘volunteer from the 
hunting community’’ means a volunteer who 
holds a valid hunting license issued by a State. 
(2) VOLUNTEER
HUNTERS.—When planning 
wildlife management involving reducing the size of a 
wildlife population on public land, the Secretary 
shall consider the use of and may use volunteers 
from the hunting community as agents to assist in 
carrying out wildlife management on public land. 
The Secretary shall not reject the use of volunteers 
from the hunting community as agents without the 
concurrence of the appropriate State wildlife man-
agement authorities. 
(3) REPORT.—Beginning on the second October 
1 after the date of the enactment of this Act and bi-
ennially on October 1 thereafter, the Secretary 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 re-
port that describes— 
(A) any public land administered by the 
Secretary that was closed to fishing, hunting, 
and recreational shooting at any time during 
the preceding year; and 
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(B) the reason for the closure. 
(4) 
CLOSURES
OR
SIGNIFICANT
RESTRIC-
TIONS.— 
(A) IN GENERAL.—Other than closures es-
tablished or prescribed by land planning actions 
referred to in subparagraph (B), a permanent 
or temporary withdrawal, change of classifica-
tion, or change of management status of public 
land that effectively closes or significantly re-
stricts any acreage of public land to access or 
use for fishing, hunting, recreational shooting, 
or activities related to fishing, hunting, or rec-
reational shooting, or a combination of those 
activities, shall take effect only if, before the 
date of withdrawal or change, the Secretary— 
(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 Rep-
resentatives and the Committee on Energy 
and Natural Resources of the Senate writ-
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ten notice of the withdrawal or change, re-
spectively. 
(B) EMERGENCY CLOSURES.—Nothing in 
this section prohibits the Secretary from estab-
lishing or implementing emergency closures or 
restrictions of the smallest practicable area to 
provide for public safety, resource conservation, 
national security, or other purposes authorized 
by law. Such an emergency closure shall termi-
nate after a reasonable period of time unless 
converted to a permanent closure consistent 
with this section. 
SEC. 7. HUNTING AND RECREATIONAL FISHING WITHIN 
THE NATIONAL FOREST SYSTEM AND NA-
TIONAL WILDLIFE REFUGE SYSTEM. 
The Secretary concerned may not establish policies, 
directives, or regulations that restrict the type, season, or 
method of hunting or recreational fishing on lands within 
the National Forest System or National Wildlife Refuge 
System that are otherwise open to those activities. 
SEC. 8. ROADS AND TRAILS WITHIN THE NATIONAL FOREST 
SYSTEM AND NATIONAL WILDLIFE REFUGE 
SYSTEM. 
The Secretary concerned may not establish policies, 
directives, or regulations that restrict public access to pub-
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lic lands, including any change in access to claims, leases, 
or access using motorized vehicles or nonmotorized means 
resulting from— 
(1) the decommissioning in whole or in part of 
a road, trail, or combination road and trail system; 
(2) a change in the status of a road as open or 
closed; or 
(3) a change in road densities. 
SEC. 9. VACANT GRAZING ALLOTMENTS MADE AVAILABLE 
TO CERTAIN GRAZING PERMIT HOLDERS. 
(a) IN GENERAL.—The Secretary concerned shall, to 
the maximum extent practicable, make vacant grazing al-
lotments available to a holder of a grazing permit or lease 
issued by such Secretary if the such Secretary determines 
that the lands covered by such permit or lease are unus-
able because of— 
(1) a natural disaster (including a drought or 
wildfire); 
(2) court-issued injunction; or 
(3) a conflict with wildlife. 
(b) TERMS AND CONDITIONS.—The terms and condi-
tions contained in a permit or lease for a vacant grazing 
allotment made available pursuant to subsection (a) shall 
be the terms and conditions of the most recent permit or 
lease that was applicable to such allotment. If the terms 
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and conditions of the most recent permit or lease do not 
support the maximum allowable access, the permit or lease 
holder shall have immediate access to the allotment under 
the terms and conditions of the most recent permit or 
lease and the Secretary and the permit or lease holder 
shall enter into a negotiation not to exceed 30 days to 
achieve accessible use that is equal or greater than the 
use of a lease or permit that the Secretary concerned de-
termines unusable under subsection (a). 
(c) COURT-ISSUED INJUNCTIONS.—A court may not 
issue any order enjoining the use of any allotment for 
which a permit or lease has been issued by the Secretary 
concerned and continues in effect unless the Secretary 
concerned can make a vacant grazing allotment available 
to the holder of such permit or lease. 
(d) ENVIRONMENTAL ASSESSMENT UNDER THE NA-
TIONAL ENVIRONMENTAL POLICY ACT.—Activities car-
ried out by the Secretary concerned pursuant to sub-
section (a) are a category of actions hereby designated as 
being categorically excluded from the preparation of an 
environmental assessment or an environmental impact 
statement under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332). 
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SEC. 10. CERTAIN ACTIONS DEEMED IN COMPLIANCE. 
(a) ACTIONS DEEMED IN COMPLIANCE.—During the 
period beginning on the date of the enactment of this Act 
and ending on the date described in subsection (b), any 
action that is taken by a Federal agency, State agency, 
or other person and that complies with the Federal Insec-
ticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et 
seq.) is deemed to comply with sections 7(a)(2) and 
9(a)(1)(B) of the Endangered Species Act of 1973 (16 
U.S.C. 1536(a)(2), 1538(a)(1)(B)) (as amended by this 
Act) and regulations issued under section 4(d) of such Act 
(16 U.S.C. 1533(d)). 
(b) TERMINATION DATE.—The date referred to in 
subsection (a) is the earlier of— 
(1) the date that is 5 years after the date of en-
actment of this Act; and 
(2) the date of the completion of any procedure 
required under subpart D of part 402 of title 50, 
Code of Federal Regulations, with respect to the ac-
tion referred to in subsection (a). 
(c) LIMITATION ON APPLICATION.—This section shall 
not affect any procedure pursuant to part 402 of title 50, 
Code of Federal Regulations, that is required by any court 
order issued before the date of the enactment of this Act. 
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SEC. 11. REIMBURSEMENT FOR DEPREDATION OF LIVE-
STOCK BY REINTRODUCED SPECIES. 
(a) IN GENERAL.—The Secretary of the Interior, act-
ing through the Director of the United States Fish and 
Wildlife Service, may reimburse the owner of livestock for 
any loss of livestock resulting from depredation by any 
population of a species if the population is listed under 
as threatened or endangered under the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1531 et seq.) and includes 
or derives from members of the species that were reintro-
duced into the wild. 
(b) LIMITATION
ON REQUIREMENT TO PRESENT 
BODY.—The Secretary may not require the owner of live-
stock to present the body of individual livestock as a condi-
tion of payment of reimbursement under this section. 
(c) USE OF DONATIONS.—The Secretary may accept 
and use donations of funds to pay reimbursement under 
this section. 
SEC. 12. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Secretary’’ means the Secretary 
of the Interior. 
(2) The term ‘‘Secretary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to National Forest System Lands; and 
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(B) the Secretary of the Interior, with re-
spect to public land. 
Æ 
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