II 114th CONGRESS 1st Session S. 659 IN THE SENATE OF THE UNITED STATES March 4, 2015 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes.

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. Sec. 2. Modification of definition of sport fishing equipment under the Toxic Substances Control Act. Sec. 3. Target practice and marksmanship. Sec. 4. Permits for importation of polar bear trophies taken in sport hunts in Canada. Sec. 5. Baiting of migratory game birds. Sec. 6. Protecting the right of individuals to bear arms at water resources development projects. Sec. 7. North American Wetlands Conservation Act. Sec. 8. Multinational Species Conservation Funds Reauthorization. Sec. 9. Interest on obligations held in the wildlife restoration fund. 2. Modification of definition of sport fishing equipment under the Toxic Substances Control Act 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 such term is defined in section 4162(a) of the Internal Revenue Code of 1986) 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 provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components. . 3. 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. 4. Permits for importation of polar bear trophies taken in sport hunts in Canada Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1374(c)(5)(D) ) is amended to read as follows: (D) (i) The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30-day period under subsection (d)(2), 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 has submitted, in support of a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested by the person before May 15, 2008, from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations. (ii) The Secretary shall issue permits under clause (i)(I) without regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102. 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). This clause shall not apply to polar bear parts that were imported before June 12, 1997. (iii) The Secretary shall issue permits under clause (i)(II) without regard to subparagraph (C)(ii) of this paragraph or subsection (d)(3). 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). This clause shall not apply to polar bear parts that were imported before the date of enactment of the Bipartisan Sportsmen's Act of 2015 . . 5. 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. . 6. 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. 7. 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. . 8. Multinational Species Conservation Funds Reauthorization (a) Reauthorization of African Elephant Conservation Act Section 2306(a) of the African Elephant Conservation Act ( 16 U.S.C. 4245(a) ) is amended by striking 2007 through 2012 and inserting 2016 through 2020 . (b) Reauthorization of Rhinoceros and Tiger Conservation Act of 1994 Section 10(a) of the Rhinoceros and Tiger Conservation Act of 1994 ( 16 U.S.C. 5306(a) ) is amended by striking 2007 through 2012 and inserting 2016 through 2020 . (c) Reauthorization of Asian Elephant Conservation Act of 1997 Section 8(a) of the Asian Elephant Conservation Act of 1997 ( 16 U.S.C. 4266(a) ) is amended by striking 2007 through 2012 and inserting 2016 through 2020 . (d) Amendment and reauthorization of Great Ape Conservation Act of 2000 The Great Ape Conservation Act of 2000 is amended as follows: (1) Multiyear grants In section 4 ( 16 U.S.C. 6303 ), by adding at the end the following new subsections: (j) Multiyear grants (1) In general The Secretary may award a multiyear grant under this section to a person who is otherwise eligible for a grant under this section, to carry out a project that the person demonstrates is an effective, long-term conservation strategy for great apes and their habitats. (2) Annual grants not affected This subsection shall not be construed as precluding the Secretary from awarding grants on an annual basis. . (2) Panel of experts In section 4(i) ( 16 U.S.C. 6303(i) )— (A) in paragraph (1), by— (i) striking Every 2 years and inserting Within one year after the date of the enactment of the Bipartisan Sportsmen's Act of 2015 , and every 5 years thereafter ; (ii) striking may convene and inserting shall convene ; (iii) inserting and priorities after needs ; and (iv) adding at the end the following new sentence: The panel shall, to the extent practicable, include representatives from foreign range states with expertise in great ape conservation. ; and (B) by redesignating paragraph (2) as paragraph (4), and inserting after paragraph (1) the following new paragraphs: (2) In identifying conservation needs and priorities under paragraph (1), the panel shall consider relevant great ape conservation plans or strategies including scientific research and findings related to— (A) the conservation needs and priorities of great apes; (B) regional or species-specific action plans or strategies; (C) applicable strategies developed or initiated by the Secretary; and (D) any other applicable conservation plan or strategy. (3) The Secretary, subject to the availability of appropriations, may pay expenses of convening and facilitating meetings of the panel. . (3) Administrative expenses limitation In section 5(b)(2) ( 16 U.S.C. 6304(b)(2) ), by striking $100,000 and inserting $150,000 . (4) Authorization of appropriations In section 6 ( 16 U.S.C. 6305 ), by striking 2006 through 2010 and inserting 2016 through 2020 . (e) Amendment and reauthorization of Marine Turtle Conservation Act of 2004 (1) In general The Marine Turtle Conservation Act of 2004 is amended— (A) in sections 2(b) and 3(2) ( 16 U.S.C. 6601(b) , 6602(2)), by inserting and territories of the United States after foreign countries each place it occurs; (B) in section 3 ( 16 U.S.C. 6602 ) by adding at the end the following: (7) Territory of the United States The term territory of the United States means each of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. ; and (C) in section 4 ( 16 U.S.C. 6603 )— (i) in subsection (b)(1)(A), by inserting or territory of the United States after foreign country ; and (ii) in subsection (d) by inserting and territories of the United States after foreign countries . (2) Administrative expenses limitation Section 5(b)(2) of the Marine Turtle Conservation Act of 2004 ( 16 U.S.C. 6604(b)(2) ) is amended by striking $80,000 and inserting $150,000 . (3) Reauthorization Section 7 of the Marine Turtle Conservation Act of 2004 ( 16 U.S.C. 6606 ) is amended by striking each of fiscal years 2005 through 2009 and inserting each of fiscal years 2016 through 2020 . 9. Interest on obligations held in the wildlife restoration fund Section 3(b)(2)(C) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669b ) is amended by striking 2016 and inserting 2026 .