Text: S.1996 — 113th Congress (2013-2014)All Bill Information (Except Text)

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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 1996 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 304
113th CONGRESS
  2d Session
                                S. 1996

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 4, 2014

  Mrs. Hagan (for herself, Ms. Murkowski, Mr. Pryor, Mr. Heller, Mr. 
Tester, Mr. Hoeven, Mr. Begich, Mr. Portman, Ms. Landrieu, Mr. Boozman, 
 Mr. Manchin, and Mr. Vitter) introduced the following bill; which was 
                          read the first time

                            February 6, 2014

            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 2014''.
    (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. Electronic duck stamps.
Sec. 102. Modification of definition of sport fishing equipment under 
                            the Toxic Substances Control Act.
Sec. 103. Target practice and marksmanship.
Sec. 104. Exemption for subsistence users.
Sec. 105. Permits for importation of polar bear trophies taken in sport 
                            hunts in Canada.
Sec. 106. Taking of migratory game birds.
Sec. 107. Recreational fishing, hunting, and recreational shooting on 
                            Federal public land.
Sec. 108. Annual permit and fee for film crews of 5 persons or fewer.
                     TITLE II--HABITAT CONSERVATION

Sec. 201. Availability of Land and Water Conservation Fund for 
                            recreational public access projects.
Sec. 202. Federal Land Transaction Facilitation Act.
Sec. 203. North American Wetlands Conservation Act.
Sec. 204. National Fish and Wildlife Foundation Establishment Act.

                      TITLE I--REGULATORY REFORMS

SEC. 101. ELECTRONIC DUCK STAMPS.

    (a) Definitions.--In this section:
            (1) Actual stamp.--The term ``actual stamp'' means a 
        Federal migratory-bird hunting and conservation stamp required 
        under the Act of March 16, 1934 (16 U.S.C. 718a et seq.) 
        (popularly known as the ``Duck Stamp Act''), that is printed on 
        paper and sold through the means established by the authority 
        of the Secretary immediately before the date of enactment of 
        this Act.
            (2) Automated licensing system.--
                    (A) In general.--The term ``automated licensing 
                system'' means an electronic, computerized licensing 
                system used by a State fish and wildlife agency to 
                issue hunting, fishing, and other associated licenses 
                and products.
                    (B) Inclusion.--The term ``automated licensing 
                system'' includes a point-of-sale, Internet, telephonic 
                system, or other electronic applications used for a 
                purpose described in subparagraph (A).
            (3) Electronic stamp.--The term ``electronic stamp'' means 
        an electronic version of an actual stamp that--
                    (A) is a unique identifier for the individual to 
                whom it is issued;
                    (B) can be printed on paper or produced through an 
                electronic application with the same indicators as the 
                State endorsement provides;
                    (C) is issued through a State automated licensing 
                system that is authorized, under State law and by the 
                Secretary under this section, to issue electronic 
                stamps;
                    (D) is compatible with the hunting licensing system 
                of the State that issues the electronic stamp; and
                    (E) is described in the State application approved 
                by the Secretary under subsection (c)(3).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Authority to Issue Electronic Duck Stamps.--
            (1) In general.--The Secretary may authorize any State to 
        issue electronic stamps in accordance with this section.
            (2) Consultation.--The Secretary shall implement this 
        section in consultation with State management agencies.
    (c) State Application.--
            (1) Approval of application required.--The Secretary may 
        not authorize a State to issue electronic stamps under this 
        section unless the Secretary has received and approved an 
        application submitted by the State in accordance with this 
        section.
            (2) Number of new states.--The Secretary may determine the 
        number of new States per year to participate in the electronic 
        stamp program.
            (3) Contents of application.--The Secretary may not approve 
        a State application unless the application contains--
                    (A) a description of the format of the electronic 
                stamp that the State will issue under this section, 
                including identifying features of the licensee that 
                will be specified on the stamp;
                    (B) a description of any fee the State will charge 
                for issuance of an electronic stamp;
                    (C) a description of the process the State will use 
                to account for and transfer to the Secretary the 
                amounts collected by the State that are required to be 
                transferred to the Secretary under the program;
                    (D) the manner by which the State will transmit 
                electronic stamp customer data to the Secretary;
                    (E) the manner by which actual stamps will be 
                delivered;
                    (F) the policies and procedures under which the 
                State will issue duplicate electronic stamps; and
                    (G) such other policies, procedures, and 
                information as may be reasonably required by the 
                Secretary.
            (4) Publication of deadlines, eligibility requirements, and 
        selection criteria.--Not later than 30 days before the date on 
        which the Secretary begins accepting applications under this 
        section, the Secretary shall publish--
                    (A) deadlines for submission of applications;
                    (B) eligibility requirements for submitting 
                applications; and
                    (C) criteria for approving applications.
    (d) State Obligations and Authorities.--
            (1) Delivery of actual stamp.--The Secretary shall require 
        that each individual to whom a State sells an electronic stamp 
        under this section shall receive an actual stamp--
                    (A) by not later than the date on which the 
                electronic stamp expires under subsection (e)(3); and
                    (B) in a manner agreed upon by the State and 
                Secretary.
            (2) Collection and transfer of electronic stamp revenue and 
        customer information.--
                    (A) Requirement to transmit.--The Secretary shall 
                require each State authorized to issue electronic 
                stamps to collect and submit to the Secretary in 
                accordance with this subsection--
                            (i) the first name, last name, and complete 
                        mailing address of each individual that 
                        purchases an electronic stamp from the State;
                            (ii) the face value amount of each 
                        electronic stamp sold by the State; and
                            (iii) the amount of the Federal portion of 
                        any fee required by the agreement for each 
                        stamp sold.
                    (B) Time of transmittal.--The Secretary shall 
                require the submission under subparagraph (A) to be 
                made with respect to sales of electronic stamps by a 
                State according to the written agreement between the 
                Secretary and the State agency.
                    (C) Additional fees not affected.--This section 
                shall not apply to the State portion of any fee 
                collected by a State under paragraph (3).
            (3) Electronic stamp issuance fee.--A State authorized to 
        issue electronic stamps may charge a reasonable fee to cover 
        costs incurred by the State and the Department of the Interior 
        in issuing electronic stamps under this section, including 
        costs of delivery of actual stamps.
            (4) Duplicate electronic stamps.--A State authorized to 
        issue electronic stamps may issue a duplicate electronic stamp 
        to replace an electronic stamp issued by the State that is lost 
        or damaged.
            (5) Limitation on authority to require purchase of state 
        license.--A State may not require that an individual purchase a 
        State hunting license as a condition of issuing an electronic 
        stamp under this section.
    (e) Electronic Stamp Requirements; Recognition of Electronic 
Stamp.--
            (1) Stamp requirements.--The Secretary shall require an 
        electronic stamp issued by a State under this section--
                    (A) to have the same format as any other license, 
                validation, or privilege the State issues under the 
                automated licensing system of the State; and
                    (B) to specify identifying features of the licensee 
                that are adequate to enable Federal, State, and other 
                law enforcement officers to identify the holder.
            (2) Recognition of electronic stamp.--Any electronic stamp 
        issued by a State under this section shall, during the 
        effective period of the electronic stamp--
                    (A) bestow upon the licensee the same privileges as 
                are bestowed by an actual stamp;
                    (B) be recognized nationally as a valid Federal 
                migratory bird hunting and conservation stamp; and
                    (C) authorize the licensee to hunt migratory 
                waterfowl in any other State, in accordance with the 
                laws of the other State governing that hunting.
            (3) Duration.--An electronic stamp issued by a State shall 
        be valid for a period agreed to by the State and the Secretary, 
        which shall not exceed 45 days.
    (f) Termination of State Participation.--The authority of a State 
to issue electronic stamps under this section may be terminated--
            (1) by the Secretary, if the Secretary--
                    (A) finds that the State has violated any of the 
                terms of the application of the State approved by the 
                Secretary under subsection (c); and
                    (B) provides to the State written notice of the 
                termination by not later than the date that is 30 days 
                before the date of termination; or
            (2) by the State, by providing written notice to the 
        Secretary by not later than the date that is 30 days before the 
        termination date.

SEC. 102. 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 subparagraph (a) of section 4162 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 as provided by section 
        4162 or 4221 or any other provision of such Code), and sport 
        fishing equipment components.''.

SEC. 103. TARGET PRACTICE AND MARKSMANSHIP.

    (a) Findings; Purpose.--
            (1) Findings.--Congress finds that--
                    (A) the use of firearms and archery equipment for 
                target practice and marksmanship training activities on 
                Federal land is allowed, except to the extent specific 
                portions of that land have been closed to those 
                activities;
                    (B) in recent years preceding the date of enactment 
                of this Act, portions of Federal land have been closed 
                to target practice and marksmanship training for many 
                reasons;
                    (C) the availability of public target ranges on 
                non-Federal land has been declining for a variety of 
                reasons, including continued population growth and 
                development near former ranges;
                    (D) providing opportunities for target practice and 
                marksmanship training at public target ranges on 
                Federal and non-Federal land can help--
                            (i) to promote enjoyment of shooting, 
                        recreational, and hunting activities; and
                            (ii) to ensure safe and convenient 
                        locations for those activities;
                    (E) Federal law in effect on the date of enactment 
                of this Act, including the Pittman-Robertson Wildlife 
                Restoration Act (16 U.S.C. 669 et seq.), provides 
                Federal support for construction and expansion of 
                public target ranges by making available to States 
                amounts that may be used for construction, operation, 
                and maintenance of public target ranges; and
                    (F) it is in the public interest to provide 
                increased Federal support to facilitate the 
                construction or expansion of public target ranges.
            (2) 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. 104. EXEMPTION FOR SUBSISTENCE USERS.

    Section 3(h)(2) of the Fish and Wildlife Improvement Act of 1978 
(16 U.S.C. 712(1)) is amended by adding at the end the following: ``A 
taking authorized under this section shall be exempt from the 
prohibition on taking under section 1 of the Migratory Bird Hunting and 
Conservation Stamp Act (16 U.S.C. 718a).''.

SEC. 105. 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 
                                        2014.''.

SEC. 106. TAKING OF MIGRATORY GAME BIRDS.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 
amended by adding at the end the following:
    ``(c) Exemptions on Certain Land.--
            ``(1) In general.--Nothing in this section prohibits the 
        taking of any migratory game bird, including waterfowl, coots, 
        and cranes, on or over land that--
                    ``(A) is not a baited area; and
                    ``(B) contains--
                            ``(i) a standing crop or flooded standing 
                        crop, including an aquatic crop;
                            ``(ii) standing, flooded, or manipulated 
                        natural vegetation;
                            ``(iii) flooded harvested cropland; or
                            ``(iv) based on the determination of the 
                        applicable State office of the Cooperative 
                        Extension System of the Department of 
                        Agriculture at the request of the Secretary of 
                        the Interior--
                                    ``(I) an area on which seed or 
                                grain has been scattered solely as the 
                                result of a normal agricultural 
                                planting, harvesting, post-harvest 
                                manipulation, or normal soil 
                                stabilization practice; or
                                    ``(II) land of an agricultural 
                                producer 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)).
            ``(2) Determinations.--
                    ``(A) In general.--For purposes of making a 
                determination under paragraph (1)(B)(iv)(I), each State 
                office of the Cooperative Extension System of the 
                Department of Agriculture shall determine the 
                activities in that State that the State office 
                considers to be a normal agricultural practice in the 
                State, such as mowing, shredding, discing, rolling, 
                chopping, trampling, flattening, burning, or carrying 
                out herbicide treatment.
                    ``(B) Natural disaster.--For purposes of making a 
                determination under paragraph (1)(B)(iv)(II), each 
                State office of the Cooperative Extension Service of 
                the Department of Agriculture shall determine that--
                            ``(i) the crop has been destroyed; and
                            ``(ii) it would not have been economically 
                        practicable to harvest the crop.
                    ``(C) Revisions.--A State office may revise a 
                report described in subparagraph (A) as the State 
                office determines to be necessary to reflect changing 
                agricultural practices.''.

SEC. 107. 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; and
                    (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 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.
            (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 Act of March 16, 1934 
                        (16 U.S.C. 718a et seq.)(popularly known as the 
                        ``Duck Stamp Act'').

SEC. 108. 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) Special Rules.--Section 1(a) of Public Law 106-206 (16 U.S.C. 
460l-6d(a)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively, and indenting 
        appropriately;
            (2) in the first sentence, by striking ``The Secretary of 
        the Interior'' and inserting the following:
            ``(1) In general.--Except as provided in paragraph (4), the 
        Secretary of the Interior'';
            (3) in the second sentence, by striking ``Such fee'' and 
        inserting the following:
            ``(2) Criteria.--The fee established under paragraph (1)'';
            (4) in the third sentence, by striking ``The Secretary 
        may'' and inserting the following:
            ``(3) Other considerations.--The Secretary may''; and
            (5) by adding at the end the following:
            ``(4) 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.''.
    (c) Recovery of Costs.--Section 1(b) of Public Law 106-206 (16 
U.S.C. 460l-6d(b)) is amended in the first sentence--
            (1) by striking ``collect any costs'' and inserting 
        ``recover any costs''; and
            (2) by striking ``similar project'' and inserting ``similar 
        projects''.

                     TITLE II--HABITAT CONSERVATION

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

    (a) Availability of Funds.--Section 3 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended to read as 
follows:

``SEC. 3. AVAILABILITY OF FUNDS FOR CERTAIN PROJECTS.

    ``(a) In General.--Notwithstanding any other provision of this Act, 
the Secretary of the Interior and the Secretary of Agriculture shall 
ensure that, of the amounts requested 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 identified on the 
priority list developed under subsection (b).
    ``(b) Priority List.--The Secretary of the Interior and the 
Secretary of Agriculture, in consultation with the head of each 
affected Federal agency, shall annually develop a priority list for the 
sites under the jurisdiction of the applicable Secretary.
    ``(c) Criteria.--Projects identified on the priority list developed 
under subsection (b) shall secure recreational public access to Federal 
public land in existence as of the date of enactment of this section 
that has significantly restricted access for hunting, fishing, and 
other recreational purposes through rights-of-way or acquisition of 
land (or any interest in land) from willing sellers.''.
    (b) Conforming Amendments.--The Land and Water Conservation Fund 
Act of 1965 (16 U.S.C. 460l-4 et seq.) is amended--
            (1) in the proviso at the end of section 2(c)(2) (16 U.S.C. 
        460l-5(c)(2)), by striking ``notwithstanding the provisions of 
        section 3 of this Act'';
            (2) in the first sentence of section 9 (16 U.S.C. 460l-
        10a), by striking ``by section 3 of this Act''; and
            (3) in the third sentence of section 10 (16 U.S.C. 460l-
        10b), by striking ``by section 3 of this Act''.

SEC. 202. 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) Deficit Reduction.--Of the amounts deposited in the Federal 
Land Disposal Account, there shall be transferred to the Treasury and 
used for Federal budget deficit reduction, $1,000,000 for each of 
fiscal years 2014 through 2023.

SEC. 203. 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 2014 through 
        2019.''.

SEC. 204. 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 2014 through 
        2019--
                    ``(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. 304

113th CONGRESS

  2d Session

                                S. 1996

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            February 6, 2014

            Read the second time and placed on the calendar