Tester's SPORT Act.pdf

8/14/2019 Tester's SPORT Act.pdf

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FLO13A36 S.L.C.

113TH CONGRESS1ST SESSION S.

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

shooting, and for other purposes.

IN THE SENATE OF THE UNITED STATES

llllllllll

Mrs. HAGAN (for herself, Mr. PRYOR, Mr. BEGICH, Mr. HEINRICH, Mr.TESTER, and Mr. UDALL of Colorado) introduced the following bill; which

was read twice and referred to the Committee on llllllllll

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 Representa-1

tives of the United States of America in Congress assembled,2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.3

(a) SHORT TITLE.This Act may be cited as the4

Sportsmens and Public Outdoor Recreation Traditions5

Act or the SPORT Act.6

(b) TABLE OF CONTENTS.The table of contents of7

this Act is as follows:8

Sec. 1. Short title; table of contents.

TITLE IREGULATORY REFORMS


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Sec. 101. Exemption of certain payments from sequestration.

Sec. 102. Modification of definition of sport fishing equipment under the Toxic

Substances Control Act.

Sec. 103. Electronic duck stamps.

Sec. 104. Permits for importation of polar bear trophies taken in sport hunts

in Canada.

Sec. 105. Target practice and marksmanship training on Federal land.Sec. 106. Taking of migratory game birds.

Sec. 107. Annual permit and fee for film crews of 5 persons or fewer.

TITLE IIIMPROVING ACCESS

Sec. 201. Availability of Land and Water Conservation Fund for recreational

public access projects.

Sec. 202. Federal Land Transaction Facilitation Act.

Sec. 203. Recreational fishing, hunting, and recreational shooting on Federal

public land.

Sec. 204. Reports on access to Federal public land for hunters, anglers, and

other outdoor recreational users.

TITLE IIIHABITAT CONSERVATION

Sec. 301. North American Wetlands Conservation Act.

Sec. 302. National Fish and Wildlife Foundation Establishment Act.

Sec. 303. Multinational Species Conservation Funds Semipostal Stamp Act of

2010.

Sec. 304. Partners for Fish and Wildlife Act.

TITLE IREGULATORY1

REFORMS2

SEC. 101. EXEMPTION OF CERTAIN PAYMENTS FROM SE-3

QUESTRATION.4

(a) IN GENERAL.Section 255(g)(1)(A) of the Bal-5

anced Budget and Emergency Deficit Control Act (26

U.S.C. 905(g)(1)(A)) is amended7

(1) by inserting after Farm Credit System In-8

surance Corporation, Farm Credit Insurance Fund9

(78417103351). the following:10

Federal Aid in Wildlife Restoration (1411

502902303).;12


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(2) by inserting after Soldiers and Airmens1

Home, payment of claims (84893007705). the2

following:3

Sport Fish Restoration (148151074

303).; and5

(3) by adding at the end the following:6

Wildlife Restoration (1450290303)..7

(b) APPLICABILITY.The amendments made by this8

section shall apply to any sequestration order issued under9

the Balanced Budget and Emergency Deficit Control Act10

of 1985 (2 U.S.C. 900 et seq.) on or after the date of11

enactment of this Act.12

SEC. 102. MODIFICATION OF DEFINITION OF SPORT FISH-13

ING EQUIPMENT UNDER THE TOXIC SUB-14

STANCES CONTROL ACT.15

Section 3(2)(B) of the Toxic Substances Control Act16

(15 U.S.C. 2602(2)(B)) is amended17

(1) in clause (v), by striking , and and insert-18

ing , or any component of any such article includ-19

ing, without limitation, shot, bullets and other pro-20

jectiles, propellants, and primers,;21

(2) in clause (vi) by striking the period at the22

end and inserting , and; and23

(3) by inserting after clause (vi) the following:24


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(vii) any sport fishing equipment (as such1

term is defined in subparagraph (a) of section 41622

of the Internal Revenue Code of 1986) the sale of3

which is subject to the tax imposed by section4

4161(a) of such Code (determined without regard to5

any exemptions from such tax as provided by section6

4162 or 4221 or any other provision of such Code),7

and sport fishing equipment components..8

SEC. 103. ELECTRONIC DUCK STAMPS.9

(a) DEFINITIONS.In this section:10

(1) ACTUAL STAMP.The term actual stamp11

means a Federal migratory-bird hunting and con-12

servation stamp required under the Act of March13

16, 1934 (16 U.S.C. 718a et seq.) (popularly known14

as the Duck Stamp Act), that is printed on paper15

and sold through the means established by the au-16

thority of the Secretary immediately before the date17

of enactment of this Act.18

(2) AUTOMATED LICENSING SYSTEM.19

(A) IN GENERAL.The term automated20

licensing system means an electronic, comput-21

erized licensing system used by a State fish and22

wildlife agency to issue hunting, fishing, and23

other associated licenses and products.24


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(B) INCLUSION.The term automated li-1

censing system includes a point-of-sale, Inter-2

net, telephonic system, or other electronic appli-3

cations used for a purpose described in sub-4

paragraph (A).5

(3) ELECTRONIC STAMP.The term electronic6

stamp means an electronic version of an actual7

stamp that8

(A) is a unique identifier for the individual9

to whom it is issued;10

(B) can be printed on paper or produced11

through an electronic application with the same12

indicators as the State endorsement provides;13

(C) is issued through a State automated li-14

censing system that is authorized, under State15

law and by the Secretary under this section, to16

issue electronic stamps;17

(D) is compatible with the hunting licens-18

ing system of the State that issues the elec-19

tronic stamp; and20

(E) is described in the State application21

approved by the Secretary under subsection22

(c)(3).23

(4) SECRETARY.The term Secretary means24

the Secretary of the Interior.25


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(b) AUTHORITY TO ISSUE ELECTRONIC DUCK1

STAMPS.2

(1) IN GENERAL.The Secretary may author-3

ize any State to issue electronic stamps in accord-4

ance with this section.5

(2) CONSULTATION.The Secretary shall im-6

plement this section in consultation with State man-7

agement agencies.8

(c) STATEAPPLICATION.9

(1) APPROVAL OF APPLICATION REQUIRED.10

The Secretary may not authorize a State to issue11

electronic stamps under this section unless the Sec-12

retary has received and approved an application sub-13

mitted by the State in accordance with this section.14

(2) NUMBER OF NEW STATES.The Secretary15

may determine the number of new States per year16

to participate in the electronic stamp program.17

(3) CONTENTS OF APPLICATION.The Sec-18

retary may not approve a State application unless19

the application contains20

(A) a description of the format of the elec-21

tronic stamp that the State will issue under this22

section, including identifying features of the li-23

censee that will be specified on the stamp;24


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(B) a description of any fee the State will1

charge for issuance of an electronic stamp;2

(C) a description of the process the State3

will use to account for and transfer to the Sec-4

retary the amounts collected by the State that5

are required to be transferred to the Secretary6

under the program;7

(D) the manner by which the State will8

transmit electronic stamp customer data to the9

Secretary;10

(E) the manner by which actual stamps11

will be delivered;12

(F) the policies and procedures under13

which the State will issue duplicate electronic14

stamps; and15

(G) such other policies, procedures, and in-16

formation as may be reasonably required by the17

Secretary.18

(4) PUBLICATION OF DEADLINES, ELIGIBILITY19

REQUIREMENTS, AND SELECTION CRITERIA.Not20

later than 30 days before the date on which the Sec-21

retary begins accepting applications under this sec-22

tion, the Secretary shall publish23

(A) deadlines for submission of applica-24

tions;25


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(B) eligibility requirements for submitting1

applications; and2

(C) criteria for approving applications.3

(d) STATE OBLIGATIONS ANDAUTHORITIES.4

(1) DELIVERY OF ACTUAL STAMP.The Sec-5

retary shall require that each individual to whom a6

State sells an electronic stamp under this section7

shall receive an actual stamp8

(A) by not later than the date on which9

the electronic stamp expires under subsection10

(e)(3); and11

(B) in a manner agreed upon by the State12

and Secretary.13

(2) COLLECTION AND TRANSFER OF ELEC-14

TRONIC STAMP REVENUE AND CUSTOMER INFORMA-15

TION.16

(A) REQUIREMENT TO TRANSMIT.The17

Secretary shall require each State authorized to18

issue electronic stamps to collect and submit to19

the Secretary in accordance with this sub-20

section21

(i) the first name, last name, and22

complete mailing address of each individual23

that purchases an electronic stamp from24

the State;25


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(ii) the face value amount of each1

electronic stamp sold by the State; and2

(iii) the amount of the Federal por-3

tion of any fee required by the agreement4

for each stamp sold.5

(B) TIME OF TRANSMITTAL.The Sec-6

retary shall require the submission under sub-7

paragraph (A) to be made with respect to sales8

of electronic stamps by a State according to the9

written agreement between the Secretary and10

the State agency.11

(C) ADDITIONAL FEES NOT AFFECTED.12

This section shall not apply to the State portion13

of any fee collected by a State under paragraph14

(3).15

(3) ELECTRONIC STAMP ISSUANCE FEE.A16

State authorized to issue electronic stamps may17

charge a reasonable fee to cover costs incurred by18

the State and the Department of the Interior in19

issuing electronic stamps under this section, includ-20

ing costs of delivery of actual stamps.21

(4) DUPLICATE ELECTRONIC STAMPS.A State22

authorized to issue electronic stamps may issue a23

duplicate electronic stamp to replace an electronic24

stamp issued by the State that is lost or damaged.25


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(B) be recognized nationally as a valid1

Federal migratory bird hunting and conserva-2

tion stamp; and3

(C) authorize the licensee to hunt migra-4

tory waterfowl in any other State, in accordance5

with the laws of the other State governing that6

hunting.7

(3) DURATION.An electronic stamp issued by8

a State shall be valid for a period agreed to by the9

State and the Secretary, which shall not exceed 4510

days.11

(f) TERMINATION OF STATE PARTICIPATION.The12

authority of a State to issue electronic stamps under this13

section may be terminated14

(1) by the Secretary, if the Secretary15

(A) finds that the State has violated any of16

the terms of the application of the State ap-17

proved by the Secretary under subsection (c);18

and19

(B) provides to the State written notice of20

the termination by not later than the date that21

is 30 days before the date of termination; or22

(2) by the State, by providing written notice to23

the Secretary by not later than the date that is 3024

days before the termination date.25


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SEC. 104. PERMITS FOR IMPORTATION OF POLAR BEAR1

TROPHIES TAKEN IN SPORT HUNTS IN CAN-2

ADA.3

Section 104(c)(5) of the Marine Mammal Protection4

Act of 1972 (16 U.S.C. 1374(c)(5)) is amended by strik-5

ing subparagraph (D) and inserting the following:6

(D) POLAR BEAR PARTS.7

(i) IN GENERAL.Notwithstanding8

subparagraphs (A) and (C)(ii), subsection9

(d)(3), and sections 101 and 102, the Sec-10

retary of the Interior shall, expeditiously11

after the date on which the expiration of12

the applicable 30-day period described in13

subsection (d)(2) expires, issue a permit14

for the importation of any polar bear part15

(other than an internal organ) from a16

polar bear taken in a sport hunt in Canada17

to any person18

(I) who submits, with the per-19

mit application, proof that the polar20

bear was legally harvested by the per-21

son before February 18, 1997; or22

(II) who submitted, with a per-23

mit application submitted before May24

15, 2008, proof that the polar bear25

was legally harvested from a polar26


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FLO13A36 S.L.C.

bear population from which a sport-1

hunted trophy could be imported be-2

fore May 15, 2008, in accordance3

with section 18.30(i) of title 50, Code4

of Federal Regulations (or a successor5

regulation) by the person before May6

15, 2008.7

(ii) APPLICABILITY OF PROHIBITION8

ON THE IMPORTATION OF A DEPLETED9

SPECIES.10

(I) PARTS LEGALLY HARVESTED11

BEFORE FEBRUARY 18, 1997.12

(aa) IN GENERAL.Sec-13

tions 101(a)(3)(B) and 102(b)(3)14

shall not apply to the importation15

of any polar bear part authorized16

by a permit issued under clause17

(i)(I).18

(bb) APPLICABILITY.19

Item (aa) shall not apply to polar20

bear parts imported before June21

12, 1997.22

(II) PARTS LEGALLY HAR-23

VESTED BEFORE MAY 15, 2008.24


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(aa) IN GENERAL.Sec-1

tions 101(a)(3)(B) and 102(b)(3)2

shall not apply to the importation3

of any polar bear part authorized4

by a permit issued under clause5

(i)(II).6

(bb) APPLICABILITY.7

Item (aa) shall not apply to polar8

bear parts imported before the9

date of enactment of the SPORT10

Act..11

SEC. 105. TARGET PRACTICE AND MARKSMANSHIP TRAIN-12

ING ON FEDERAL LAND.13

(a) FINDINGS; PURPOSE.14

(1) FINDINGS.Congress finds that15

(A) the use of firearms and archery equip-16

ment for target practice and marksmanship17

training activities on Federal land is allowed,18

except to the extent specific portions of that19

land have been closed to those activities;20

(B) in recent years preceding the date of21

enactment of this Act, portions of Federal land22

have been closed to target practice and marks-23

manship training for many reasons;24


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(C) the availability of public target ranges1

on non-Federal land has been declining for a2

variety of reasons, including continued popu-3

lation growth and development near former4

ranges;5

(D) providing opportunities for target6

practice and marksmanship training at public7

target ranges on Federal and non-Federal land8

can help9

(i) to promote enjoyment of shooting,10

recreational, and hunting activities; and11

(ii) to ensure safe and convenient lo-12

cations for those activities;13

(E) Federal law in effect on the date of en-14

actment of this Act, including the Pittman-Rob-15

ertson Wildlife Restoration Act (16 U.S.C. 66916

et seq.), provides Federal support for construc-17

tion and expansion of public target ranges by18

making available to States amounts that may19

be used for construction, operation, and mainte-20

nance of public target ranges; and21

(F) it is in the public interest to provide22

increased Federal support to facilitate the con-23

struction or expansion of public target ranges.24


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(2) PURPOSE.The purpose of this section is1

to facilitate the construction and expansion of public2

target ranges, including ranges on Federal land3

managed by the Forest Service and the Bureau of4

Land Management.5

(b) DEFINITION OF PUBLIC TARGET RANGE.In6

this section, the term public target range means a spe-7

cific location that8

(1) is identified by a governmental agency for9

recreational shooting;10

(2) is open to the public;11

(3) may be supervised; and12

(4) may accommodate archery or rifle, pistol, or13

shotgun shooting.14

(c) AMENDMENTS TO PITTMAN-ROBERTSON WILD-15

LIFE RESTORATIONACT.16

(1) DEFINITIONS.Section 2 of the Pittman-17

Robertson Wildlife Restoration Act (16 U.S.C.18

669a) is amended19

(A) by redesignating paragraphs (2)20

through (8) as paragraphs (3) through (9), re-21

spectively; and22

(B) by inserting after paragraph (1) the23

following:24


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(2) the term public target range means a1

specific location that2

(A) is identified by a governmental agen-3

cy for recreational shooting;4

(B) is open to the public;5

(C) may be supervised; and6

(D) may accommodate archery or rifle,7

pistol, or shotgun shooting;.8

(2) EXPENDITURES FOR MANAGEMENT OF9

WILDLIFE AREAS AND RESOURCES.Section 8(b) of10

the Pittman-Robertson Wildlife Restoration Act (1611

U.S.C. 669g(b)) is amended12

(A) by striking (b) Each State and in-13

serting the following:14

(b) EXPENDITURES FOR MANAGEMENT OF WILD-15

LIFEAREAS AND RESOURCES.16

(1) IN GENERAL.Except as provided in para-17

graph (2), each State;18

(B) in paragraph (1) (as so designated), by19

striking construction, operation, and insert-20

ing operation;21

(C) in the second sentence, by striking22

The non-Federal share and inserting the fol-23

lowing:24


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(3) NON-FEDERAL SHARE.The non-Federal1

share;2

(D) in the third sentence, by striking The3

Secretary and inserting the following:4

(4) REGULATIONS.The Secretary; and5

(E) by inserting after paragraph (1) (as6

designated by subparagraph (A)) the following:7

(2) EXCEPTION.Notwithstanding the limita-8

tion described in paragraph (1), a State may pay up9

to 90 percent of the cost of acquiring land for, ex-10

panding, or constructing a public target range..11

(3) FIREARM AND BOW HUNTER EDUCATION12

AND SAFETY PROGRAM GRANTS.Section 10 of the13

Pittman-Robertson Wildlife Restoration Act (1614

U.S.C. 669h1) is amended15

(A) in subsection (a), by adding at the end16

the following:17

(3) ALLOCATION OF ADDITIONAL AMOUNTS.18

Of the amount apportioned to a State for any fiscal19

year under section 4(b), the State may elect to allo-20

cate not more than 10 percent, to be combined with21

the amount apportioned to the State under para-22

graph (1) for that fiscal year, for acquiring land for,23

expanding, or constructing a public target range.;24


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(B) by striking subsection (b) and insert-1

ing the following:2

(b) COST SHARING.3


graph (2), the Federal share of the cost of any activ-5

ity carried out using a grant under this section shall6

not exceed 75 percent of the total cost of the activ-7

ity.8

(2) PUBLIC TARGET RANGE CONSTRUCTION OR9

EXPANSION.The Federal share of the cost of ac-10

quiring land for, expanding, or constructing a public11

target range in a State on Federal or non-Federal12

land pursuant to this section or section 8(b) shall13

not exceed 90 percent of the cost of the activity.;14

and15

(C) in subsection (c)(1)16

(i) by striking Amounts made and17

inserting the following:18

(A) IN GENERAL.Except as provided in19

subparagraph (B), amounts made; and20

(ii) by adding at the end the fol-21

lowing:22

(B) EXCEPTION.Amounts provided for23

acquiring land for, constructing, or expanding a24

public target range shall remain available for25


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expenditure and obligation during the 5-fiscal-1

year period beginning on October 1 of the first2

fiscal year for which the amounts are made3

available..4

(d) SENSE OF CONGRESS REGARDING COOPERA-5

TION.It is the sense of Congress that, consistent with6

applicable laws (including regulations), the Chief of the7

Forest Service and the Director of the Bureau of Land8

Management should cooperate with State and local au-9

thorities and other entities to carry out waste removal and10

other activities on any Federal land used as a public target11

range to encourage continued use of that land for target12

practice or marksmanship training.13

SEC. 106. TAKING OF MIGRATORY GAME BIRDS.14

Section 3 of the Migratory Bird Treaty Act (1615

U.S.C. 704) is amended by adding at the end the fol-16

lowing:17

(c) EXEMPTIONS ON CERTAIN LAND.18

(1) IN GENERAL.Nothing in this section pro-19

hibits the taking of any migratory game bird, includ-20

ing waterfowl, coots, and cranes, on or over land21

that22

(A) is not a baited area; and23

(B) contains24


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(i) a standing crop or flooded stand-1

ing crop, including an aquatic crop;2

(ii) standing, flooded, or manipulated3

natural vegetation;4

(iii) flooded harvested cropland; or5

(iv) based on the determination of6

the applicable State office of the Coopera-7

tive Extension System of the Department8

of Agriculture at the request of the Sec-9

retary of the Interior, an area on which10

seed or grain has been scattered solely as11

the result of a normal agricultural plant-12

ing, harvesting, post-harvest manipulation,13

or normal soil stabilization practice.14

(2) DETERMINATIONS.15

(A) IN GENERAL.For purposes of mak-16

ing a determination under paragraph17

(1)(B)(iv), each State office of the Cooperative18

Extension System of the Department of Agri-19

culture shall determine the activities in that20

State that the State office considers to be a21

normal agricultural practice in the State, such22

as mowing, shredding, discing, rolling, chop-23

ping, trampling, flattening, burning, or carrying24

out herbicide treatment.25


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(B) REVISIONS.A State office may re-1

vise a report described in subparagraph (A) as2

the State office determines to be necessary to3

reflect changing agricultural practices..4

SEC. 107. ANNUAL PERMIT AND FEE FOR FILM CREWS OF5

5 PERSONS OR FEWER.6

(a) PURPOSE.The purpose of this section is to pro-7

vide commercial film crews of 5 persons or fewer access8

to film in areas designated for public use during public9

hours on Federal land and waterways.10

(b) SPECIAL RULES.Section 1(a) of Public Law11

106206 (16 U.S.C. 460l6d(a)) is amended12

(1) by redesignating paragraphs (1), (2), and13

(3) as subparagraphs (A), (B), and (C), respectively,14

and indenting appropriately;15

(2) in the first sentence, by striking The Sec-16

retary of the Interior and inserting the following:17


graph (4), the Secretary of the Interior;19

(3) in the second sentence, by striking Such20

fee and inserting the following:21

(2) CRITERIA.The fee established under22

paragraph (1);23

(4) in the third sentence, by striking The Sec-24

retary may and inserting the following:25


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(3) OTHER CONSIDERATIONS.The Secretary1

may; and2


(4) SPECIAL RULES FOR FILM CREWS OF 54

PERSONS OR FEWER.5

(A) DEFINITION OF FILM CREW.In this6

paragraph, the term film crew means any per-7

sons present on Federal land or waterways8

under the jurisdiction of the Secretary who are9

associated with the production of a film.10

(B) REQUIRED PERMIT AND FEE.For11

any film crew of 5 persons or fewer, the Sec-12

retary shall require a permit and assess an an-13

nual fee of $200 for commercial filming activi-14

ties or similar projects on Federal land and wa-15

terways administered by the Secretary.16

(C) COMMERCIAL FILMING ACTIVITIES.17

A permit issued under subparagraph (B) shall18

be valid for commercial filming activities or19

similar projects that occur in areas designated20

for public use during public hours on all Fed-21

eral land and waterways administered by the22

Secretary for a 1-year period beginning on the23

date of issuance of the permit.24


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(D) NO ADDITIONAL FEES.For persons1

holding a permit issued under this paragraph,2

during the effective period of the permit, the3

Secretary shall not assess any fees in addition4

to the fee assessed under subparagraph (B).5

(E) USE OF CAMERAS.The Secretary6

shall not prohibit, as a mechanized apparatus7

or under any other purposes, use of cameras or8

related equipment used for the purpose of com-9

mercial filming activities or similar projects in10

accordance with this paragraph on Federal land11

and waterways administered by the Secretary.12

(F) NOTIFICATION REQUIRED.A film13

crew of 5 persons or fewer subject to a permit14

issued under this paragraph shall notify the ap-15

plicable land management agency with jurisdic-16

tion over the Federal land at least 48 hours be-17

fore entering the Federal land.18

(G) DENIAL OF ACCESS.The head of19

the applicable land management agency may20

deny access to a film crew under this paragraph21

if22

(i) there is a likelihood of resource23

damage that cannot be mitigated;24


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SEC. 3. AVAILABILITY OF FUNDS FOR CERTAIN PROJECTS.1

(a) IN GENERAL.Notwithstanding any other pro-2

vision of this Act, the Secretary of the Interior and the3

Secretary of Agriculture shall ensure that, of the amounts4

requested for the fund for each fiscal year, not less than5

the greater of 1.5 percent of the amounts or $10,000,0006

shall be made available for projects identified on the pri-7

ority list developed under subsection (b).8

(b) PRIORITY LIST.The Secretary of the Interior9

and the Secretary of Agriculture, in consultation with the10

head of each affected Federal agency, shall annually de-11

velop a priority list for the sites under the jurisdiction of12

the applicable Secretary.13

(c) CRITERIA.Projects identified on the priority14

list developed under subsection (b) shall secure rec-15

reational public access to Federal public land in existence16

as of the date of enactment of this section that has signifi-17

cantly restricted access for hunting, fishing, and other rec-18

reational purposes through rights-of-way or acquisition of19

land (or any interest in land) from willing sellers..20

(b) CONFORMING AMENDMENTS.The Land and21

Water Conservation Fund Act of 1965 (16 U.S.C. 460l22

4 et seq.) is amended23

(1) in the proviso at the end of section 2(c)(2)24

(16 U.S.C. 460l5(c)(2)), by striking notwith-25

standing the provisions of section 3 of this Act;26


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(2) in the first sentence of section 9 (16 U.S.C.1

460l10a), by striking by section 3 of this Act;2

and3

(3) in the third sentence of section 10 (164

U.S.C. 460l10b), by striking by section 3 of this5

Act.6

SEC. 202. FEDERAL LAND TRANSACTION FACILITATION7

ACT.8

The Federal Land Transaction Facilitation Act is9

amended10

(1) in section 203(2) (43 U.S.C. 2302(2)), by11

striking on the date of enactment of this Act was12

and inserting is;13

(2) in section 205 (43 U.S.C. 2304)14

(A) in subsection (a), by striking (as in15

effect on the date of enactment of this Act);16

and17

(B) by striking subsection (d);18

(3) in section 206 (43 U.S.C. 2305), by striking19

subsection (f); and20

(4) in section 207(b) (43 U.S.C. 2306(b))21

(A) in paragraph (1)22

(i) by striking 96568 and insert-23

ing 96586; and24


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FLO13A36 S.L.C.

(ii) by striking ; or and inserting a1

semicolon;2

(B) in paragraph (2)3

(i) by inserting Public Law 1054

263; before 112 Stat.; and5

(ii) by striking the period at the end6

and inserting a semicolon; and7

(C) by adding at the end the following:8

(3) the White Pine County Conservation,9

Recreation, and Development Act of 2006 (Public10

Law 109432; 120 Stat. 3028);11

(4) the Lincoln County Conservation, Recre-12

ation, and Development Act of 2004 (Public Law13

108424; 118 Stat. 2403);14

(5) subtitle F of title I of the Omnibus Public15

Land Management Act of 2009 (16 U.S.C. 113216

note; Public Law 11111);17

(6) subtitle O of title I of the Omnibus Public18

Land Management Act of 2009 (16 U.S.C. 460www19

note, 1132 note; Public Law 11111);20

(7) section 2601 of the Omnibus Public Land21

Management Act of 2009 (Public Law 11111; 12322

Stat. 1108); or23


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FLO13A36 S.L.C.

(8) section 2606 of the Omnibus Public Land1

Management Act of 2009 (Public Law 11111; 1232

Stat. 1121)..3

SEC. 203. RECREATIONAL FISHING, HUNTING, AND REC-4

REATIONAL SHOOTING ON FEDERAL PUBLIC5

LAND.6


(1) FEDERAL PUBLIC LAND.8

(A) IN GENERAL.The term Federal9

public land means any land or water that is10

(i) owned by the United States; and11

(ii) managed by a Federal agency (in-12

cluding the Department of the Interior and13

the Forest Service) for purposes that in-14

clude the conservation of natural resources.15

(B) EXCLUSIONS.The term Federal16

public land does not include17

(i) land or water held or managed in18

trust for the benefit of Indians or other19

Native Americans;20

(ii) land or water managed by the Di-21

rector of the National Park Service or the22

Director of the United States Fish and23

Wildlife Service;24

(iii) fish hatcheries; or25


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FLO13A36 S.L.C.

(iv) conservation easements on private1

land.2

(2) HUNTING.3

(A) IN GENERAL.The term hunting4

means use of a firearm, bow, or other author-5

ized means in the lawful6

(i) pursuit, shooting, capture, collec-7

tion, trapping, or killing of wildlife; or8

(ii) attempt to pursue, shoot, capture,9

collect, trap, or kill wildlife.10

(B) EXCLUSION.The term hunting11

does not include the use of skilled volunteers to12

cull excess animals (as defined by other Federal13

law).14

(3) RECREATIONAL FISHING.The term rec-15

reational fishing means16

(A) an activity for sport or for pleasure17

that involves18

(i) the lawful catching, taking, or har-19

vesting of fish; or20

(ii) the lawful attempted catching,21

taking, or harvesting of fish; or22

(B) any other activity for sport or pleasure23

that can reasonably be expected to result in the24

lawful catching, taking, or harvesting of fish.25


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FLO13A36 S.L.C.

shooting determined to be necessary and rea-1

sonable as supported by the best scientific evi-2

dence and advanced through a transparent pub-3

lic process.4

(2) MANAGEMENT.Consistent with paragraph5

(1), the head of each Federal public land manage-6

ment agency shall exercise the land management dis-7

cretion of the head8

(A) in a manner that supports and facili-9

tates recreational fishing, hunting, and rec-10

reational shooting opportunities;11

(B) to the extent authorized under applica-12

ble State law; and13

(C) in accordance with applicable Federal14

law.15

(3) PLANNING.16

(A) EFFECTS OF PLANS AND ACTIVI-17

TIES.18

(i) EVALUATION OF EFFECTS ON OP-19

PORTUNITIES TO ENGAGE IN REC-20

REATIONAL FISHING, HUNTING, OR REC-21

REATIONAL SHOOTING.Federal public22

land planning documents (including land23

resources management plans, resource24

management plans, travel management25


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FLO13A36 S.L.C.

plans, and energy development plans) shall1

include a specific evaluation of the effects2

of the plans on opportunities to engage in3

recreational fishing, hunting, or rec-4

reational shooting.5

(ii) OTHER ACTIVITY NOT CONSID-6

ERED.7

(I) IN GENERAL.Federal public8

land management officials shall not be9

required to consider the existence or10

availability of recreational fishing,11

hunting, or recreational shooting op-12

portunities on private or public land13

that is located adjacent to, or in the14

vicinity of, Federal public land for15

purposes of16

(aa) planning for or deter-17

mining which units of Federal18

public land are open for rec-19

reational fishing, hunting, or rec-20

reational shooting; or21

(bb) setting the levels of use22

for recreational fishing, hunting,23

or recreational shooting on Fed-24

eral public land.25


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FLO13A36 S.L.C.

(i) IN GENERAL.Land under the ju-1

risdiction of the Bureau of Land Manage-2

ment or the Forest Service (including a3

component of the National Wilderness4

Preservation System, land designated as a5

wilderness study area or administratively6

classified as wilderness eligible or suitable,7

and primitive or semiprimitive areas, but8

excluding land on the outer Continental9

Shelf) shall be open to recreational fishing,10

hunting, and recreational shooting unless11

the managing Federal public land agency12

acts to close the land to the activity.13

(ii) MOTORIZED ACCESS.Nothing in14

this subparagraph authorizes or requires15

motorized access or the use of motorized16

vehicles for recreational fishing, hunting,17

or recreational shooting purposes within18

land designated as a wilderness study area19

or administratively classified as wilderness20

eligible or suitable.21

(B) CLOSURE OR RESTRICTION.Land de-22

scribed in subparagraph (A)(i) may be subject23

to closures or restrictions if determined by the24

head of the agency to be necessary and reason-25


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FLO13A36 S.L.C.

able and supported by facts and evidence for1

purposes including resource conservation, public2

safety, energy or mineral production, energy3

generation or transmission infrastructure, water4

supply facilities, protection of other permittees,5

protection of private property rights or inter-6

ests, national security, or compliance with other7

law, as determined appropriate by the Director8

of the Bureau of Land Management or the9

Chief of the Forest Service, as applicable.10

(C) SHOOTING RANGES.11

(i) IN GENERAL.Except as provided12

in clause (iii), the head of each Federal13

public land agency may use the authorities14

of the head, in a manner consistent with15

this section and other applicable law16

(I) to lease or permit use of land17

under the jurisdiction of the head for18

shooting ranges; and19

(II) to designate specific land20

under the jurisdiction of the head for21

recreational shooting activities.22

(ii) LIMITATION ON LIABILITY.Any23

designation under clause (i)(II) shall not24

subject the United States to any civil ac-25


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FLO13A36 S.L.C.

tion or claim for monetary damages for in-1

jury or loss of property or personal injury2

or death caused by any recreational shoot-3

ing activity occurring at or on the des-4

ignated land.5

(iii) EXCEPTION.The head of each6

Federal public land agency shall not lease7

or permit use of Federal public land for8

shooting ranges or designate land for rec-9

reational shooting activities within includ-10

ing a component of the National Wilder-11

ness Preservation System, land designated12

as a wilderness study area or administra-13

tively classified as wilderness eligible or14

suitable, and primitive or semiprimitive15

areas.16

(5) REPORT.Not later than October 1 of17

every other year, beginning with the second October18

1 after the date of enactment of this Act, the head19

of each Federal public land agency who has author-20

ity to manage Federal public land on which rec-21

reational fishing, hunting, or recreational shooting22

occurs shall submit to the Committee on Natural23

Resources of the House of Representatives and the24


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FLO13A36 S.L.C.

(i) publishes appropriate notice of the1

withdrawal or change, respectively;2

(ii) demonstrates that coordination3

has occurred with a State fish and wildlife4

agency; and5

(iii) submits to the Committee on6

Natural Resources of the House of Rep-7

resentatives and the Committee on Energy8

and Natural Resources of the Senate writ-9

ten notice of the withdrawal or change, re-10

spectively.11

(B) AGGREGATE OR CUMULATIVE EF-12

FECTS.If the aggregate or cumulative effect13

of separate withdrawals or changes effectively14

closes or significantly restricts or affects 1,28015

or more acres of land or water, the withdrawals16

and changes shall be treated as a single with-17

drawal or change for purposes of subparagraph18

(A).19

(C) EMERGENCY CLOSURES.20

(i) IN GENERAL.Nothing in this sec-21

tion prohibits a Federal public land man-22

agement agency from establishing or im-23

plementing emergency closures or restric-24

tions of the smallest practicable area of25


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FLO13A36 S.L.C.

Federal public land to provide for public1

safety, resource conservation, national se-2

curity, or other purposes authorized by3

law.4

(ii) TERMINATION.An emergency5

closure under clause (i) shall terminate6

after a reasonable period of time unless the7

temporary closure is converted to a perma-8

nent closure consistent with this section.9

(7) NO PRIORITY.Nothing in this section re-10

quires a Federal agency to give preference to rec-11

reational fishing, hunting, or recreational shooting12

over other uses of Federal public land or over land13

or water management priorities established by other14

Federal law.15

(8) CONSULTATION WITH COUNCILS.In car-16

rying out this section, the heads of Federal public17

land agencies shall consult with the appropriate ad-18

visory councils established under Executive Order19

12962 (16 U.S.C. 1801 note; relating to recreational20

fisheries) and Executive Order 13443 (16 U.S.C.21

661 note; relating to facilitation of hunting heritage22

and wildlife conservation).23

(9) AUTHORITY OF STATES.24


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FLO13A36 S.L.C.

(A) IN GENERAL.Nothing in this section1

interferes with, diminishes, or conflicts with the2

authority, jurisdiction, or responsibility of any3

State to manage, control, or regulate fish and4

wildlife under State law (including regulations)5

on land or water within the State, including on6

Federal public land.7

(B) FEDERAL LICENSES.8

(i) IN GENERAL.Except as provided9

in clause (ii), nothing in this subsection10

authorizes the head of a Federal public11

land agency head to require a license, fee,12

or permit to fish, hunt, or trap on land or13

water in a State, including on Federal pub-14

lic land in the State.15

(ii) MIGRATORY BIRD STAMPS.Noth-16

ing in this subparagraph affects any mi-17

gratory bird stamp requirement of the Act18

of March 16, 1934 (16 U.S.C. 718a et19

seq.)(popularly known as the Duck Stamp20

Act).21

SEC. 204. REPORTS ON ACCESS TO FEDERAL PUBLIC LAND22

FOR HUNTERS, ANGLERS, AND OTHER OUT-23

DOOR RECREATIONAL USERS.24



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FLO13A36 S.L.C.

(1) FEDERAL PUBLIC LAND MANAGEMENT1

AGENCY.The term Federal public land manage-2

ment agency means any of3

(A) the National Park Service;4

(B) the United States Fish and Wildlife5

Service;6

(C) the Forest Service; and7

(D) the Bureau of Land Management.8

(2) TRAVEL MANAGEMENT PLAN.The term9

travel management plan means a plan for the10

management of travel11

(A) with respect to land under the jurisdic-12

tion of the National Park Service, on park13

roads and designated routes under section 4.1014

of title 36, Code of Federal Regulations (or suc-15

cessor regulations);16

(B) with respect to land under the jurisdic-17

tion of the United States Fish and Wildlife18

Service, on the land under a comprehensive con-19

servation plan prepared under section 4(e) of20

the National Wildlife Refuge System Adminis-21

tration Act of 1966 (16 U.S.C. 668dd(e));22

(C) with respect to land under the jurisdic-23

tion of the Forest Service, on National Forest24

System land under part 212 of title 36, Code25


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FLO13A36 S.L.C.

of Federal Regulations (or successor regula-1

tions); and2

(D) with respect to land under the jurisdic-3

tion of the Bureau of Land Management, under4

a resource management plan developed under5

the Federal Land Policy and Management Act6

of 1976 (43 U.S.C. 1701 et seq.).7

(b) REPORT ON PUBLIC ACCESS AND EGRESS TO8

FEDERAL PUBLIC LAND.9

(1) REPORT.Not later than 180 days after10

the date of enactment of this Act, and annually11

thereafter, each head of a Federal public land man-12

agement agency shall make available to the public on13

the website of the Federal public land management14

agency a report that includes15

(A) a list of the location and acreage of16

land more than 640 acres in size under the ju-17

risdiction of the Federal public land manage-18

ment agency on which the public is allowed,19

under Federal or State law, to hunt, fish, or20

use the land for other recreational purposes21

(i) to which there is no public access22

or egress; or23

(ii) to which public access or egress to24

the legal boundaries of the land is signifi-25


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FLO13A36 S.L.C.

cantly restricted (as determined by the1

head of the Federal public land manage-2

ment agency);3

(B) with respect to land described in sub-4

paragraph (A), a list of the locations and acre-5

age on the land that the head of the Federal6

public land management agency determines7

have significant potential for use for hunting,8

fishing, and other recreational purposes; and9

(C) with respect to land described in sub-10

paragraph (B), a plan developed by the Federal11

public land management agency that12

(i) identifies how public access and13

egress could reasonably be provided to the14

legal boundaries of the land in a manner15

that minimizes the impact on wildlife habi-16

tat and water quality;17

(ii) specifies the actions recommended18

to secure the access and egress, including19

acquiring an easement, right-of-way, or fee20

title from a willing owner of any land that21

abuts the land or the need to coordinate22

with State land management agencies or23

other Federal or State governmental enti-24


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FLO13A36 S.L.C.

ties to allow for such access and egress;1

and2

(iii) is consistent with the travel man-3

agement plan in effect on the land.4

(2) LIST OF PUBLIC ACCESS ROUTES FOR CER-5

TAIN LAND.Not later than 1 year after the date of6

enactment of this Act, each head of a Federal public7

land management agency shall make available to the8

public on the website of the Federal public land9

management agency, and thereafter revise as the10

head of the Federal public land management agency11

determines appropriate, a list of roads or trails that12

provide the primary public access and egress to the13

legal boundaries of contiguous parcels of land equal14

to more than 640 acres in size under the jurisdiction15

of the Federal public land management agency on16

which the public is allowed, under Federal or State17

law, to hunt, fish, or use the land for other rec-18

reational purposes.19

(3) MEANS OF PUBLIC ACCESS AND EGRESS IN-20

CLUDED.In considering public access and egress21

under paragraphs (1) and (2), the head of the appli-22

cable Federal public land management agency shall23

consider public access and egress to the legal bound-24


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46

FLO13A36 S.L.C.

aries of the land described in those subsections, in-1

cluding access and egress2

(A) by motorized or nonmotorized vehicles;3

and4

(B) on foot or horseback.5

(4) EFFECT.6

(A) IN GENERAL.This section shall have7

no effect on whether a particular recreational8

use shall be allowed on the land described in9

subparagraphs (A) and (B) of paragraph (1).10

(B) EFFECT OF ALLOWABLE USES ON11

AGENCY CONSIDERATION.In preparing the12

plan under paragraph (1)(C), the head of the13

applicable Federal public land management14

agency shall only consider recreational uses that15

are allowed on the land at the time that the16

plan is prepared.17

TITLE IIIHABITAT18

CONSERVATION19

SEC. 301. NORTH AMERICAN WETLANDS CONSERVATION20

ACT.21

Section 7(c)(5) of the North American Wetlands Con-22

servation Act (16 U.S.C. 4406(c)(5)) is amended by strik-23

ing 2012 and inserting 2017.24


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47

FLO13A36 S.L.C.

SEC. 302. NATIONAL FISH AND WILDLIFE FOUNDATION ES-1

TABLISHMENT ACT.2

(a) BOARD OF DIRECTORS OF THE FOUNDATION.3

(1) IN GENERAL.Section 3 of the National4

Fish and Wildlife Foundation Establishment Act (165

U.S.C. 3702) is amended6

(A) in subsection (b)7

(i) by striking paragraph (2) and in-8


(2) IN GENERAL.After consulting with the10

Secretary of Commerce and considering the rec-11

ommendations submitted by the Board, the Sec-12

retary of the Interior shall appoint 28 Directors13

who, to the maximum extent practicable, shall14

(A) be knowledgeable and experienced in15

matters relating to the conservation of fish,16

wildlife, or other natural resources; and17

(B) represent a balance of expertise in18

ocean, coastal, freshwater, and terrestrial re-19

source conservation.; and20

(ii) by striking paragraph (3) and in-21


(3) TERMS.Each Director (other than a Di-23

rector described in paragraph (1)) shall be appointed24

for a term of 6 years.; and25

(B) in subsection (g)(2)26


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FLO13A36 S.L.C.

(i) in subparagraph (A), by striking1

(A) Officers and employees may not be2

appointed until the Foundation has suffi-3

cient funds to pay them for their service.4

Officers and inserting the following:5

(A) IN GENERAL.Officers; and6

(ii) by striking subparagraph (B) and7

inserting the following:8

(B) EXECUTIVE DIRECTOR.The Foun-9

dation shall have an Executive Director who10

shall be11

(i) appointed by, and serve at the di-12

rection of, the Board as the chief executive13

officer of the Foundation; and14

(ii) knowledgeable and experienced in15

matters relating to fish and wildlife con-16

servation..17

(2) CONFORMING AMENDMENT.Section18

4(a)(1)(B) of the North American Wetlands Con-19

servation Act (16 U.S.C. 4403(a)(1)(B)) is amended20

by striking Secretary of the Board and inserting21

Executive Director of the Board.22

(b) RIGHTS AND OBLIGATIONS OF THE FOUNDA-23

TION.Section 4 of the National Fish and Wildlife Foun-24

dation Establishment Act (16 U.S.C. 3703) is amended25


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49

FLO13A36 S.L.C.

(1) in subsection (c)1

(A) by striking (c) POWERS.To carry2

out its purposes under and inserting the fol-3

lowing:4

(c) POWERS.5

(1) IN GENERAL.To carry out the purposes6

described in;7

(B) by redesignating paragraphs (1)8

through (11) as subparagraphs (A) through9

(K), respectively, and indenting appropriately;10

(C) in subparagraph (D) (as redesignated11

by subparagraph (B)), by striking that are in-12

sured by an agency or instrumentality of the13

United States and inserting at 1 or more fi-14

nancial institutions that are members of the15

Federal Deposit Insurance Corporation or the16

Securities Investment Protection Corporation;17

(D) in subparagraph (E) (as redesignated18

by subparagraph (B)), by striking paragraph19

(3) or (4) and inserting subparagraph (C) or20

(D);21

(E) in subparagraph (J) (as redesignated22

by subparagraph (B)), by striking ; and and23

inserting a semicolon;24


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FLO13A36 S.L.C.

(F) by striking subparagraph (K) (as re-1

designated by subparagraph (B)) and inserting2

the following:3

(K) to receive and administer restitution4

and community service payments, amounts for5

mitigation of impacts to natural resources, and6

other amounts arising from legal, regulatory, or7

administrative proceedings, subject to the con-8

dition that the amounts are received or admin-9

istered for purposes that further the conserva-10

tion and management of fish, wildlife, plants,11

and other natural resources; and12

(L) to do acts necessary to carry out the13

purposes of the Foundation.; and14

(G) by striking the undesignated matter at15

the end and inserting the following:16

(2) TREATMENT OF REAL PROPERTY.17

(A) IN GENERAL.For purposes of this18

Act, an interest in real property shall be treated19

as including easements or other rights for pres-20

ervation, conservation, protection, or enhance-21

ment by and for the public of natural, scenic,22

historic, scientific, educational, inspirational, or23

recreational resources.24


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FLO13A36 S.L.C.

(B) ENCUMBERED REAL PROPERTY.A1

gift, devise, or bequest may be accepted by the2

Foundation even though the gift, devise, or be-3

quest is encumbered, restricted, or subject to4

beneficial interests of private persons if any5

current or future interest in the gift, devise, or6

bequest is for the benefit of the Foundation.7

(3) SAVINGS CLAUSE.The acceptance and8

administration of amounts by the Foundation under9

paragraph (1)(K) does not alter, supersede, or limit10

any regulatory or statutory requirement associated11

with those amounts.;12

(2) by striking subsections (f) and (g); and13

(3) by redesignating subsections (h) and (i) as14

subsections (f) and (g), respectively.15

(c) AUTHORIZATION OF APPROPRIATIONS.Section16

10 of the National Fish and Wildlife Foundation Estab-17

lishment Act (16 U.S.C. 3709) is amended18

(1) in subsection (a), by striking paragraph (1)19

and inserting the following:20

(1) IN GENERAL.There are authorized to be21

appropriated to carry out this Act for each of fiscal22

years 2014 through 201923

(A) $15,000,000 to the Secretary of the24

Interior;25


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FLO13A36 S.L.C.

(B) $5,000,000 to the Secretary of Agri-1

culture; and2

(C) $5,000,000 to the Secretary of Com-3

merce.;4

(2) in subsection (b)5

(A) by striking paragraph (1) and insert-6

ing the following:7

(1) AMOUNTS FROM FEDERAL AGENCIES.8

(A) IN GENERAL.In addition to the9

amounts authorized to be appropriated under10

subsection (a), Federal departments, agencies,11

or instrumentalities may provide Federal funds12

to the Foundation, subject to the condition that13

the amounts are used for purposes that further14

the conservation and management of fish, wild-15

life, plants, and other natural resources in ac-16

cordance with this Act.17

(B) ADVANCES.Federal departments,18

agencies, or instrumentalities may advance19

amounts described in subparagraph (A) to the20

Foundation in a lump sum without regard to21

when the expenses for which the amounts are22

used are incurred.23

(C) MANAGEMENT FEES.The Founda-24

tion may assess and collect fees for the manage-25


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FLO13A36 S.L.C.

ment of amounts received under this para-1

graph.;2

(B) in paragraph (2)3

(i) in the paragraph heading, by strik-4

ing FUNDS and inserting AMOUNTS;5

(ii) by striking shall be used and in-6

serting may be used; and7

(iii) by striking and State and local8

government agencies and inserting ,9

State and local government agencies, and10

other entities; and11

(C) by adding at the end the following:12

(3) ADMINISTRATION OF AMOUNTS.13

(A) IN GENERAL.In entering into con-14

tracts, agreements, or other partnerships pursu-15

ant to this Act, a Federal department, agency,16

or instrumentality shall have discretion to waive17

any competitive process applicable to the de-18

partment, agency, or instrumentality for enter-19

ing into contracts, agreements, or partnerships20

with the Foundation if the purpose of the waiv-21

er is22

(i) to address an environmental23

emergency resulting from a natural or24

other disaster; or25


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54

FLO13A36 S.L.C.

(ii) as determined by the head of the1

applicable Federal department, agency, or2

instrumentality, to reduce administrative3

expenses and expedite the conservation and4

management of fish, wildlife, plants, and5

other natural resources.6

(B) REPORTS.The Foundation shall in-7

clude in the annual report submitted under sec-8

tion 7(b) a description of any use of the author-9

ity under subparagraph (A) by a Federal de-10

partment, agency, or instrumentality in that fis-11

cal year.; and12


(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF14

MONEY OR OTHER PROPERTY.Any gifts, devises, or be-15

quests of amounts or other property, or any other amounts16

or other property, transferred to, deposited with, or other-17

wise in the possession of the Foundation pursuant to this18

Act, may be made available by the Foundation to Federal19

departments, agencies, or instrumentalities and may be20

accepted and expended (or the disposition of the amounts21

or property directed), without further appropriation, by22

those Federal departments, agencies, or instrumentalities,23

subject to the condition that the amounts or property be24

used for purposes that further the conservation and man-25


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55

FLO13A36 S.L.C.

agement of fish, wildlife, plants, and other natural re-1

sources..2

(d) LIMITATION ON AUTHORITY.Section 11 of the3

National Fish and Wildlife Foundation Establishment Act4

(16 U.S.C. 3710) is amended by inserting exclusive be-5

fore authority.6

SEC. 303. MULTINATIONAL SPECIES CONSERVATION FUNDS7

SEMIPOSTAL STAMP ACT OF 2010.8

Section 2(c)(2) of the Multinational Species Con-9

servation Funds Semipostal Stamp Act of 2010 (3910

U.S.C. 416 note; Public Law 111241) is amended by11

striking 2 years and inserting 6 years.12

SEC. 304. PARTNERS FOR FISH AND WILDLIFE ACT.13

Section 5 of the Partners for Fish and Wildlife Act14

(16 U.S.C. 3774) is amended by striking 2011 and in-15

serting 2018.16

Documents

Tester's SPORT Act.pdf