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Title II — Habitat conservation

S. 556 · 114th Congress · Feb 25, 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.