Title IV — Sportsmen’s Access and Related Matters

116th Congress · Approved Mar 12, 2019 · 133 Stat. 580

TITLE IV Sportsmen’s Access and Related Matters

Subtitle A National Policy

SEC. 4001. Congressional Declaration of National Policy.

(a)

In General.— Congress declares that it is the policy of the United States that Federal departments and agencies, in accordance with the missions of the departments and agencies, Executive Orders 12962 and 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537 (August 16, 2007)), and applicable law, shall—

(1)

facilitate the expansion and enhancement of hunting, fishing, and recreational shooting opportunities on Federal land, in consultation with the Wildlife and Hunting Heritage Conservation Council, the Sport Fishing and Boating Partnership Council, State and Tribal fish and wildlife agencies, and the public;

(2)

conserve and enhance aquatic systems and the management of game species and the habitat of those species on Federal land, including through hunting and fishing, in a manner that respects—

(A)

State management authority over wildlife resources; and

(B)

private property rights; and

(3)

consider hunting, fishing, and recreational shooting opportunities as part of all Federal plans for land, resource, and travel management.

(b)

Exclusion.— In this title, the term “fishing” does not include commercial fishing in which fish are harvested, either in whole or in part, that are intended to enter commerce through sale.

Subtitle B Sportsmen’s Access to Federal Land

SEC. 4101. Definitions.

In this subtitle:

(1)

Federal land.— The term “Federal land” means—

(A)

any land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))) that is administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and

(B)

public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary, acting through the Director of the Bureau of Land Management.

(2)

Secretary concerned.— The term “Secretary concerned” means—

(A)

the Secretary of Agriculture, with respect to land described in paragraph (1)(A); and

(B)

the Secretary, with respect to land described in paragraph (1)(B).

SEC. 4102. Federal Land Open to Hunting, Fishing, and Recreational Shooting.

(a)

In General.— Subject to subsection (b), Federal land shall be open to hunting, fishing, and recreational shooting, in accordance with applicable law, unless the Secretary concerned closes an area in accordance with section 4103.

(b)

Effect of Part.— Nothing in this subtitle opens to hunting, fishing, or recreational shooting any land that is not open to those activities as of the date of enactment of this Act.

SEC. 4103. Closure of Federal Land to Hunting, Fishing, and Recreational Shooting.

(a)

Authorization.—

(1)

In general.— Subject to paragraph (2) and in accordance with section 302(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may designate any area on Federal land in which, and establish any period during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or recreational shooting shall be permitted.

(2)

Requirement.— In making a designation under paragraph (1), the Secretary concerned shall designate the smallest area for the least amount of time that is required for public safety, administration, or compliance with applicable laws.

(b)

Closure Procedures.—

(1)

In general.— Except in an emergency, before permanently or temporarily closing any Federal land to hunting, fishing, or recreational shooting, the Secretary concerned shall—

(A)

consult with State fish and wildlife agencies; and

(B)

provide public notice and opportunity for comment under paragraph (2).

(2)

Public notice and comment.—

(A)

In general.— Public notice and comment shall include—

(i)

a notice of intent—

(I)

published in advance of the public comment period for the closure—

(aa)

in the Federal Register;

(bb)

on the website of the applicable Federal agency;

(cc)

on the website of the Federal land unit, if available; and

(dd)

in at least 1 local newspaper;

(II)

made available in advance of the public comment period to local offices, chapters, and affiliate organizations in the vicinity of the closure that are signatories to the memorandum of understanding entitled “Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding”; and

(III)

that describes—

(aa)

the proposed closure; and

(bb)

the justification for the proposed closure, including an explanation of the reasons and necessity for the decision to close the area to hunting, fishing, or recreational shooting; and

(ii)

an opportunity for public comment for a period of—

(I)

not less than 60 days for a permanent closure; or

(II)

not less than 30 days for a temporary closure.

(B)

Final decision.— In a final decision to permanently or temporarily close an area to hunting, fishing, or recreation shooting, the Secretary concerned shall—

(i)

respond in a reasoned manner to the comments received;

(ii)

explain how the Secretary concerned resolved any significant issues raised by the comments; and

(iii)

show how the resolution led to the closure.

(c)

Temporary Closures.—

(1)

In general.— A temporary closure under this section may not exceed a period of 180 days.

(2)

Renewal.— Except in an emergency, a temporary closure for the same area of land closed to the same activities—

(A)

may not be renewed more than 3 times after the first temporary closure; and

(B)

must be subject to a separate notice and comment procedure in accordance with subsection (b)(2).

(3)

Effect of temporary closure.— Any Federal land that is temporarily closed to hunting, fishing, or recreational shooting under this section shall not become permanently closed to that activity without a separate public notice and opportunity to comment in accordance with subsection (b)(2).

(d)

Reporting.— On an annual basis, the Secretaries concerned shall—

(1)

publish on a public website a list of all areas of Federal land temporarily or permanently subject to a closure under this section; and

(2)

submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report that identifies—

(A)

a list of each area of Federal land temporarily or permanently subject to a closure;

(B)

the acreage of each closure; and

(C)

a survey of—

(i)

the aggregate areas and acreage closed under this section in each State; and

(ii)

the percentage of Federal land in each State closed under this section with respect to hunting, fishing, and recreational shooting.

(e)

Application.— This section shall not apply if the closure is—

(1)

less than 14 days in duration; and

(2)

covered by a special use permit.

SEC. 4104. Shooting Ranges.

(a)

In General.— Except as provided in subsection (b), the Secretary concerned may, in accordance with this section and other applicable law, lease or permit the use of Federal land for a shooting range.

(b)

Exception.— The Secretary concerned shall not lease or permit the use of Federal land for a shooting range within—

(1)

a component of the National Landscape Conservation System;

(2)

a component of the National Wilderness Preservation System;

(3)

any area that is—

(A)

designated as a wilderness study area;

(B)

administratively classified as—

(i)

wilderness-eligible; or

(ii)

wilderness-suitable; or

(C)

a primitive or semiprimitive area;

(4)

a national monument, national volcanic monument, or national scenic area; or

(5)

a component of the National Wild and Scenic Rivers System (including areas designated for study for potential addition to the National Wild and Scenic Rivers System).

SEC. 4105. Identifying Opportunities for Recreation, Hunting, and Fishing on Federal Land.

(a)

Definitions.— In this section:

(1)

Secretary.— The term “Secretary” means—

(A)

the Secretary, with respect to land administered by—

(i)

the Director of the National Park Service;

(ii)

the Director of the United States Fish and Wildlife Service; and

(iii)

the Director of the Bureau of Land Management; and

(B)

the Secretary of Agriculture, with respect to land administered by the Chief of the Forest Service.

(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—

(i)

the National Park Service;

(ii)

the United States Fish and Wildlife Service; or

(iii)

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 1 year after the date of enactment of this Act, and biennially thereafter during the 10-year period beginning on the date on which the first priority list is completed, the Secretary shall prepare a priority list, to be made publicly available on the website of the applicable Federal agency referred to in subsection (a)(1), which shall identify the location and acreage of land within the jurisdiction of each 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 Secretary).

(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 Secretary 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 Secretary.

(4)

Adjacent land status.— For each parcel of land on the priority list, the Secretary shall include in the priority list 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 Secretary 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 Secretary 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 Secretary 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, the Secretary 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 Secretary 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 Secretary shall only consider recreational uses that are allowed on the land at the time that the priority list is prepared.

Subtitle C Open Book on Equal Access to Justice

SEC. 4201. Federal Action Transparency.

(a)

Modification of Equal Access to Justice Provisions.—

(1)

Agency proceedings.— Section 504 of title 5, United States Code, is amended—

(A)

in subsection (c)(1), by striking “ , United States Code”;

(B)

by redesignating subsection (f) as subsection (i); and

(C)

by striking subsection (e) and inserting the following:

“(e)

(1) Not later than March 31 of the first fiscal year beginning after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year under this section.

“(2) Each report under paragraph (1) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards.

“(3)

(A) Each report under paragraph (1) shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision.

“(B) The disclosure of fees and other expenses required under subparagraph (A) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement.

“(f) As soon as practicable, and in any event not later than the date on which the first report under subsection (e)(1) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this section made on or after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, the following information:

“(1) The case name and number of the adversary adjudication, if available, hyperlinked to the case, if available.

“(2) The name of the agency involved in the adversary adjudication.

“(3) A description of the claims in the adversary adjudication.

“(4) The name of each party to whom the award was made as such party is identified in the order or other court document making the award.

“(5) The amount of the award.

“(6) The basis for the finding that the position of the agency concerned was not substantially justified.

“(g) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or a court order.

“(h) The head of each agency shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g).”

(2)

Court cases.— Section 2412(d) of title 28, United States Code, is amended by adding at the end the following:

“(5)

(A) Not later than March 31 of the first fiscal year beginning after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection.

“(B) Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards.

“(C)

(i) Each report under subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision.

“(ii) The disclosure of fees and other expenses required under clause (i) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement.

“(D) The Chairman of the Administrative Conference of the United States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report—

“(i) any amounts paid under section 1304 of title 31 for a judgment in the case;

“(ii) the amount of the award of fees and other expenses; and

“(iii) the statute under which the plaintiff filed suit.

“(6) As soon as practicable, and in any event not later than the date on which the first report under paragraph (5)(A) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this subsection made on or after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, the following information:

“(A) The case name and number, hyperlinked to the case, if available.

“(B) The name of the agency involved in the case.

“(C) The name of each party to whom the award was made as such party is identified in the order or other court document making the award.

“(D) A description of the claims in the case.

“(E) The amount of the award.

“(F) The basis for the finding that the position of the agency concerned was not substantially justified.

“(7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order.

“(8) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7).”

(3)

Technical and conforming amendments.— Section 2412 of title 28, United States Code, is amended—

(A)

in subsection (d)(3), by striking “ United States Code,”; and

(B)

in subsection (e)—

(i)

by striking “ of section 2412 of title 28, United States Code,” and inserting “ of this section”; and

(ii)

by striking “ of such title” and inserting “ of this title”.

(b)

Judgment Fund Transparency.— Section 1304 of title 31, United States Code, is amended by adding at the end the following:

“(d) Beginning not later than the date that is 60 days after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and unless the disclosure of such information is otherwise prohibited by law or a court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered, the following information with regard to that payment:

“(1) The name of the specific agency or entity whose actions gave rise to the claim or judgment.

“(2) The name of the plaintiff or claimant.

“(3) The name of counsel for the plaintiff or claimant.

“(4) The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest.

“(5) A brief description of the facts that gave rise to the claim.

“(6) The name of the agency that submitted the claim.”

Subtitle D Migratory Bird Framework and Hunting Opportunities for Veterans

SEC. 4301. Federal Closing Date for Hunting of Ducks, Mergansers, and Coots.

Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended by adding at the end the following:

“(c) Federal Framework Closing Date for Hunting of Ducks, Mergansers, and Coots.—

“(1) Regulations relating to framework closing date.—

“(A) In general.—In promulgating regulations under subsection (a) relating to the Federal framework for the closing date up to which the States may select seasons for migratory bird hunting, except as provided in paragraph (2), the Secretary shall, with respect to the hunting season for ducks, mergansers, and coots—

“(i) subject to subparagraph (B), adopt the recommendation of each respective flyway council (as defined in section 20.152 of title 50, Code of Federal Regulations) for the Federal framework if the Secretary determines that the recommendation is consistent with science-based and sustainable harvest management; and

“(ii) allow the States to establish the closing date for the hunting season in accordance with the Federal framework.

“(B) Requirement.—The framework closing date promulgated by the Secretary under subparagraph (A) shall not be later than January 31 of each year.

“(2) Special hunting days for youths, veterans, and active military personnel.—

“(A) In general.—Notwithstanding the Federal framework closing date under paragraph (1) and subject to subparagraphs (B) and (C), the Secretary shall allow States to select 2 days for youths and 2 days for veterans (as defined in section 101 of title 38, United States Code) and members of the Armed Forces on active duty, including members of the National Guard and Reserves on active duty (other than for training), to hunt eligible ducks, geese, swans, mergansers, coots, moorhens, and gallinules, if the Secretary determines that the addition of those days is consistent with science-based and sustainable harvest management. Such days shall be treated as separate from, and in addition to, the annual Federal framework hunting season lengths.

“(B) Requirements.—In selecting days under subparagraph (A), a State shall ensure that—

“(i) the days selected—

“(I) may only include the hunting of duck, geese, swan, merganser, coot, moorhen, and gallinule species that are eligible for hunting under the applicable annual Federal framework;

“(II) are not more than 14 days before or after the Federal framework hunting season for ducks, mergansers, and coots; and

“(III) are otherwise consistent with the Federal framework; and

“(ii) the total number of days in a hunting season for any migratory bird species, including any days selected under subparagraph (A), is not more than 107 days.

“(C) Limitation.—A State may combine the 2 days allowed for youths with the 2 days allowed for veterans and members of the Armed Forces on active duty under subparagraph (A), but in no circumstance may a State have more than a total of 4 additional days added to its regular hunting season for any purpose.

“(3) Regulations.—The Secretary shall promulgate regulations in accordance with this subsection for the Federal framework for migratory bird hunting for the 2019–2020 hunting season and each hunting season thereafter.”

Subtitle E Miscellaneous

SEC. 4401. Respect for Treaties and Rights.

Nothing in this title or the amendments made by this title—

(1)

affects or modifies any treaty or other right of any federally recognized Indian Tribe; or

(2)

modifies any provision of Federal law relating to migratory birds or to endangered or threatened species.

SEC. 4402. No Priority.

Nothing in this title or the amendments made by this title provides a preference to hunting, fishing, or recreational shooting over any other use of Federal land or water.

SEC. 4403. State Authority for Fish and Wildlife.

Nothing in this title—

(1)

authorizes the Secretary of Agriculture or the Secretary to require Federal licenses or permits to hunt and fish on Federal land; or

(2)

enlarges or diminishes the responsibility or authority of States with respect to fish and wildlife management.

Title IV — Sportsmen’s Access and Related Matters