US Codex
Bill
Notes

Title II — Improving access

S. 1660 · 113th Congress · Nov 6, 2013 · Lineage

II Improving access

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:

“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

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).”

Sec. 203 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 Indians or other Native Americans;
(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 other Federal law).
(3)
Recreational fishing— The term recreational fishing means—
(A)
an activity for sport or for pleasure that involves—
(i)
the lawful catching, taking, or harvesting of fish; or
(ii)
the lawful 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 the discharge of a rifle, handgun, or shotgun, or 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 and 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 law that authorizes action or withholding action for reasons of national security, public safety, or resource conservation;
(B)
any other Federal law that precludes recreational fishing, hunting, or recreational shooting on specific Federal public land or water or units of Federal public land; 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. 204 Reports on access to Federal public land for hunters, anglers, and other outdoor recreational users

(a)
Definitions— In this section:
(1)
Federal public land management agency— The term Federal public land management agency means any of—
(A)
the National Park Service;
(B)
the United States Fish and Wildlife Service;
(C)
the Forest Service; and
(D)
the Bureau of Land Management.
(2)
Travel management plan— The term travel management plan means a plan for the management of travel—
(A)
with respect to land under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36, Code of Federal Regulations (or successor regulations);
(B)
with respect to land under the jurisdiction of the United States Fish and Wildlife Service, on the land under a comprehensive conservation plan prepared under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e));
(C)
with respect to land under the jurisdiction of the Forest Service, on National Forest System land under part 212 of title 36, Code of Federal Regulations (or successor regulations); and
(D)
with respect to land under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(b)
Report on public access and egress to Federal public land—
(1)
Report— Not later than 180 days after the date of enactment of this Act, and annually thereafter, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency a report that includes—
(A)
a list of the location and acreage of land more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes—
(i)
to which there is no public access or egress; or
(ii)
to which public access or egress to the legal boundaries of the land is significantly restricted (as determined by the head of the Federal public land management agency);
(B)
with respect to land described in subparagraph (A), a list of the locations and acreage on the land that the head of the Federal public land management agency determines have significant potential for use for hunting, fishing, and other recreational purposes; and
(C)
with respect to land described in subparagraph (B), a plan developed by the Federal public land management agency that—
(i)
identifies how public access and egress could reasonably be provided to the legal boundaries of the land in a manner that minimizes the impact on wildlife habitat and water quality;
(ii)
specifies the actions recommended to secure the access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of any land that abuts the land or the need to coordinate with State land management agencies or other Federal or State governmental entities to allow for such access and egress; and
(iii)
is consistent with the travel management plan in effect on the land.
(2)
List of public access routes for certain land— Not later than 1 year after the date of enactment of this Act, each head of a Federal public land management agency shall make available to the public on the website of the Federal public land management agency, and thereafter revise as the head of the Federal public land management agency determines appropriate, a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the jurisdiction of the Federal public land management agency on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes.
(3)
Means of public access and egress included— In considering public access and egress under paragraphs (1) and (2), the head of the applicable Federal public land management agency shall consider public access and egress to the legal boundaries of the land described in those subsections, including access and egress—
(A)
by motorized or nonmotorized vehicles; and
(B)
on foot or horseback.
(4)
Effect—
(A)
In general— This section shall have no effect on whether a particular recreational use shall be allowed on the land described in subparagraphs (A) and (B) of paragraph (1).
(B)
Effect of allowable uses on agency consideration— In preparing the plan under paragraph (1)(C), the head of the applicable Federal public land management agency shall only consider recreational uses that are allowed on the land at the time that the plan is prepared.