US Codex
Bill
Notes

Title II — Habitat conservation

S. 1996 · 113th Congress · Feb 4, 2014 · Lineage

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:

“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.”

(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.”

(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”

(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.”

(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.”

(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”.