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Title II — Habitat conservation

S. 405 · 114th Congress · Feb 5, 2015 · Lineage

II Habitat conservation

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

(a)
Availability of funds— Section 200303 of title 54, United States Code, is amended to read as follows:

“200303. Availability of funds for certain projects

“Notwithstanding any other provision of this Act, the Secretary and the Secretary of Agriculture shall ensure that, of the amounts appropriated 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 that secure public access to Federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.”

(b)
Conforming amendments—
(1)
Availability of deposits— Section 200302(c)(3) of title 54, United States Code, is amended by striking “Notwithstanding section 200303 of this title, money” and inserting “Money”.
(2)
Contracts for acquisition of land and water— Section 200308 of title 54, United States Code, is amended in the first sentence, by striking “by section 200303 of this title”.
(3)
Contracts for options to acquire land and water in System— Section 200309 of title 54, United States Code, is amended in the third sentence by striking “by section 200303 of this title”.

Sec. 202 Identifying opportunities for recreation, hunting, and fishing on Federal land

(a)
Definitions— In this section:
(1)
Federal public land management agency— The term Federal public land management agency means any of the National Park Service, the United States Fish and Wildlife Service, the Forest Service, and the Bureau of Land Management.
(2)
State or regional office— The term “State or regional office” means—
(A)
a State office of the Bureau of Land Management; or
(B)
a regional office of the National Park Service, the United States Fish and Wildlife Service, or the Forest Service.
(3)
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)
Priority lists required—
(1)
In general— Not later than 180 days after the date of enactment of this Act, annually during the 10-year period beginning on the date on which the first priority list is completed, and every 5 years after the end of the 10-year period, each head of each State or regional office shall prepare a priority list, to be made publicly available on the website of the applicable Federal public land management agency, which shall identify the location and acreage of land under the jurisdiction of the State or regional office on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes but—
(A)
to which there is no public access or egress; or
(B)
to which public access or egress to the legal boundaries of the land is significantly restricted (as determined by the head of the State or regional office).
(2)
Minimum size— Any land identified under paragraph (1) shall consist of contiguous acreage of at least 640 acres.
(3)
Considerations— In preparing the priority list required under paragraph (1), the head of the State or regional office shall consider with respect to the land—
(A)
whether access is absent or merely restricted, including the extent of the restriction;
(B)
the likelihood of resolving the absence of or restriction to public access;
(C)
the potential for recreational use;
(D)
any information received from the public or other stakeholders during the nomination process described in paragraph (5); and
(E)
any other factor as determined by the head of the State or regional office.
(4)
Adjacent land status— For each parcel of land on the priority list, the head of the State or regional office shall state whether resolving the issue of public access or egress to the land would require acquisition of an easement, right-of-way, or fee title from—
(A)
another Federal agency;
(B)
a State, local, or tribal government; or
(C)
a private landowner.
(5)
Nomination process— In preparing a priority list under this section, the head of the State or regional office shall provide an opportunity for members of the public to nominate parcels for inclusion on the priority list.
(c)
Access options— With respect to land included on a priority list described in subsection (b), the head of the State or regional office shall develop and submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report on options for providing access that—
(1)
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;
(2)
specifies the steps 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, State, or tribal governments to allow for such access and egress; and
(3)
is consistent with the travel management plan in effect on the land.
(d)
Protection of personally identifying information— In making the priority list and report prepared under subsections (b) and (c) available, the head of the State or regional office shall ensure that no personally identifying information is included, such as names or addresses of individuals or entities.
(e)
Willing owners— For purposes of providing any permits to, or entering into agreements with, a State, local, or tribal government or private landowner with respect to the use of land under the jurisdiction of the government or landowner, a Federal land management agency shall not take into account whether the State, local, or tribal government or private landowner has granted or denied public access or egress to the land.
(f)
Means of public access and egress included— In considering public access and egress under subsections (b) and (c), 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—
(1)
by motorized or non-motorized vehicles; and
(2)
on foot or horseback.
(g)
Effect—
(1)
In general— This section shall have no effect on whether a particular recreational use shall be allowed on the land included in a priority list under this section.
(2)
Effect of allowable uses on agency consideration— In preparing the priority list under subsection (b), the head of the applicable State or regional office shall only consider recreational uses that are allowed on the land at the time that the priority list is prepared.

Sec. 203 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)
Funds to the Treasury— Of the amounts deposited in the Federal Land Disposal Account, there shall be transferred to the Treasury $1,000,000 for each of fiscal years 2016 through 2025.

Sec. 204 North American Wetlands Conservation Act

Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended—
(1)
in paragraph (4), by striking “and”;
(2)
in paragraph (5), by striking the period at the end and inserting “; and”; and
(3)
by adding at the end the following:

“(6) $50,000,000 for each of fiscal years 2015 through 2020.”

Sec. 205 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 2015 through 2020—

“(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”.