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FLO13A36 S.L.C.
113TH CONGRESS1ST SESSION S.
llTo protect and enhance opportunities for recreational hunting, fishing, and
shooting, and for other purposes.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mrs. HAGAN (for herself, Mr. PRYOR, Mr. BEGICH, Mr. HEINRICH, Mr.TESTER, and Mr. UDALL of Colorado) introduced the following bill; which
was read twice and referred to the Committee on llllllllll
A BILL
To protect and enhance opportunities for recreational
hunting, fishing, and shooting, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled,2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.3
(a) SHORT TITLE.This Act may be cited as the4
Sportsmens and Public Outdoor Recreation Traditions5
Act or the SPORT Act.6
(b) TABLE OF CONTENTS.The table of contents of7
this Act is as follows:8
Sec. 1. Short title; table of contents.
TITLE IREGULATORY REFORMS
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Sec. 101. Exemption of certain payments from sequestration.
Sec. 102. Modification of definition of sport fishing equipment under the Toxic
Substances Control Act.
Sec. 103. Electronic duck stamps.
Sec. 104. Permits for importation of polar bear trophies taken in sport hunts
in Canada.
Sec. 105. Target practice and marksmanship training on Federal land.Sec. 106. Taking of migratory game birds.
Sec. 107. Annual permit and fee for film crews of 5 persons or fewer.
TITLE IIIMPROVING ACCESS
Sec. 201. Availability of Land and Water Conservation Fund for recreational
public access projects.
Sec. 202. Federal Land Transaction Facilitation Act.
Sec. 203. Recreational fishing, hunting, and recreational shooting on Federal
public land.
Sec. 204. Reports on access to Federal public land for hunters, anglers, and
other outdoor recreational users.
TITLE IIIHABITAT CONSERVATION
Sec. 301. North American Wetlands Conservation Act.
Sec. 302. National Fish and Wildlife Foundation Establishment Act.
Sec. 303. Multinational Species Conservation Funds Semipostal Stamp Act of
2010.
Sec. 304. Partners for Fish and Wildlife Act.
TITLE IREGULATORY1
REFORMS2
SEC. 101. EXEMPTION OF CERTAIN PAYMENTS FROM SE-3
QUESTRATION.4
(a) IN GENERAL.Section 255(g)(1)(A) of the Bal-5
anced Budget and Emergency Deficit Control Act (26
U.S.C. 905(g)(1)(A)) is amended7
(1) by inserting after Farm Credit System In-8
surance Corporation, Farm Credit Insurance Fund9
(78417103351). the following:10
Federal Aid in Wildlife Restoration (1411
502902303).;12
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(2) by inserting after Soldiers and Airmens1
Home, payment of claims (84893007705). the2
following:3
Sport Fish Restoration (148151074
303).; and5
(3) by adding at the end the following:6
Wildlife Restoration (1450290303)..7
(b) APPLICABILITY.The amendments made by this8
section shall apply to any sequestration order issued under9
the Balanced Budget and Emergency Deficit Control Act10
of 1985 (2 U.S.C. 900 et seq.) on or after the date of11
enactment of this Act.12
SEC. 102. MODIFICATION OF DEFINITION OF SPORT FISH-13
ING EQUIPMENT UNDER THE TOXIC SUB-14
STANCES CONTROL ACT.15
Section 3(2)(B) of the Toxic Substances Control Act16
(15 U.S.C. 2602(2)(B)) is amended17
(1) in clause (v), by striking , and and insert-18
ing , or any component of any such article includ-19
ing, without limitation, shot, bullets and other pro-20
jectiles, propellants, and primers,;21
(2) in clause (vi) by striking the period at the22
end and inserting , and; and23
(3) by inserting after clause (vi) the following:24
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(vii) any sport fishing equipment (as such1
term is defined in subparagraph (a) of section 41622
of the Internal Revenue Code of 1986) the sale of3
which is subject to the tax imposed by section4
4161(a) of such Code (determined without regard to5
any exemptions from such tax as provided by section6
4162 or 4221 or any other provision of such Code),7
and sport fishing equipment components..8
SEC. 103. ELECTRONIC DUCK STAMPS.9
(a) DEFINITIONS.In this section:10
(1) ACTUAL STAMP.The term actual stamp11
means a Federal migratory-bird hunting and con-12
servation stamp required under the Act of March13
16, 1934 (16 U.S.C. 718a et seq.) (popularly known14
as the Duck Stamp Act), that is printed on paper15
and sold through the means established by the au-16
thority of the Secretary immediately before the date17
of enactment of this Act.18
(2) AUTOMATED LICENSING SYSTEM.19
(A) IN GENERAL.The term automated20
licensing system means an electronic, comput-21
erized licensing system used by a State fish and22
wildlife agency to issue hunting, fishing, and23
other associated licenses and products.24
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(B) INCLUSION.The term automated li-1
censing system includes a point-of-sale, Inter-2
net, telephonic system, or other electronic appli-3
cations used for a purpose described in sub-4
paragraph (A).5
(3) ELECTRONIC STAMP.The term electronic6
stamp means an electronic version of an actual7
stamp that8
(A) is a unique identifier for the individual9
to whom it is issued;10
(B) can be printed on paper or produced11
through an electronic application with the same12
indicators as the State endorsement provides;13
(C) is issued through a State automated li-14
censing system that is authorized, under State15
law and by the Secretary under this section, to16
issue electronic stamps;17
(D) is compatible with the hunting licens-18
ing system of the State that issues the elec-19
tronic stamp; and20
(E) is described in the State application21
approved by the Secretary under subsection22
(c)(3).23
(4) SECRETARY.The term Secretary means24
the Secretary of the Interior.25
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(b) AUTHORITY TO ISSUE ELECTRONIC DUCK1
STAMPS.2
(1) IN GENERAL.The Secretary may author-3
ize any State to issue electronic stamps in accord-4
ance with this section.5
(2) CONSULTATION.The Secretary shall im-6
plement this section in consultation with State man-7
agement agencies.8
(c) STATEAPPLICATION.9
(1) APPROVAL OF APPLICATION REQUIRED.10
The Secretary may not authorize a State to issue11
electronic stamps under this section unless the Sec-12
retary has received and approved an application sub-13
mitted by the State in accordance with this section.14
(2) NUMBER OF NEW STATES.The Secretary15
may determine the number of new States per year16
to participate in the electronic stamp program.17
(3) CONTENTS OF APPLICATION.The Sec-18
retary may not approve a State application unless19
the application contains20
(A) a description of the format of the elec-21
tronic stamp that the State will issue under this22
section, including identifying features of the li-23
censee that will be specified on the stamp;24
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(B) a description of any fee the State will1
charge for issuance of an electronic stamp;2
(C) a description of the process the State3
will use to account for and transfer to the Sec-4
retary the amounts collected by the State that5
are required to be transferred to the Secretary6
under the program;7
(D) the manner by which the State will8
transmit electronic stamp customer data to the9
Secretary;10
(E) the manner by which actual stamps11
will be delivered;12
(F) the policies and procedures under13
which the State will issue duplicate electronic14
stamps; and15
(G) such other policies, procedures, and in-16
formation as may be reasonably required by the17
Secretary.18
(4) PUBLICATION OF DEADLINES, ELIGIBILITY19
REQUIREMENTS, AND SELECTION CRITERIA.Not20
later than 30 days before the date on which the Sec-21
retary begins accepting applications under this sec-22
tion, the Secretary shall publish23
(A) deadlines for submission of applica-24
tions;25
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(B) eligibility requirements for submitting1
applications; and2
(C) criteria for approving applications.3
(d) STATE OBLIGATIONS ANDAUTHORITIES.4
(1) DELIVERY OF ACTUAL STAMP.The Sec-5
retary shall require that each individual to whom a6
State sells an electronic stamp under this section7
shall receive an actual stamp8
(A) by not later than the date on which9
the electronic stamp expires under subsection10
(e)(3); and11
(B) in a manner agreed upon by the State12
and Secretary.13
(2) COLLECTION AND TRANSFER OF ELEC-14
TRONIC STAMP REVENUE AND CUSTOMER INFORMA-15
TION.16
(A) REQUIREMENT TO TRANSMIT.The17
Secretary shall require each State authorized to18
issue electronic stamps to collect and submit to19
the Secretary in accordance with this sub-20
section21
(i) the first name, last name, and22
complete mailing address of each individual23
that purchases an electronic stamp from24
the State;25
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(ii) the face value amount of each1
electronic stamp sold by the State; and2
(iii) the amount of the Federal por-3
tion of any fee required by the agreement4
for each stamp sold.5
(B) TIME OF TRANSMITTAL.The Sec-6
retary shall require the submission under sub-7
paragraph (A) to be made with respect to sales8
of electronic stamps by a State according to the9
written agreement between the Secretary and10
the State agency.11
(C) ADDITIONAL FEES NOT AFFECTED.12
This section shall not apply to the State portion13
of any fee collected by a State under paragraph14
(3).15
(3) ELECTRONIC STAMP ISSUANCE FEE.A16
State authorized to issue electronic stamps may17
charge a reasonable fee to cover costs incurred by18
the State and the Department of the Interior in19
issuing electronic stamps under this section, includ-20
ing costs of delivery of actual stamps.21
(4) DUPLICATE ELECTRONIC STAMPS.A State22
authorized to issue electronic stamps may issue a23
duplicate electronic stamp to replace an electronic24
stamp issued by the State that is lost or damaged.25
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(B) be recognized nationally as a valid1
Federal migratory bird hunting and conserva-2
tion stamp; and3
(C) authorize the licensee to hunt migra-4
tory waterfowl in any other State, in accordance5
with the laws of the other State governing that6
hunting.7
(3) DURATION.An electronic stamp issued by8
a State shall be valid for a period agreed to by the9
State and the Secretary, which shall not exceed 4510
days.11
(f) TERMINATION OF STATE PARTICIPATION.The12
authority of a State to issue electronic stamps under this13
section may be terminated14
(1) by the Secretary, if the Secretary15
(A) finds that the State has violated any of16
the terms of the application of the State ap-17
proved by the Secretary under subsection (c);18
and19
(B) provides to the State written notice of20
the termination by not later than the date that21
is 30 days before the date of termination; or22
(2) by the State, by providing written notice to23
the Secretary by not later than the date that is 3024
days before the termination date.25
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SEC. 104. PERMITS FOR IMPORTATION OF POLAR BEAR1
TROPHIES TAKEN IN SPORT HUNTS IN CAN-2
ADA.3
Section 104(c)(5) of the Marine Mammal Protection4
Act of 1972 (16 U.S.C. 1374(c)(5)) is amended by strik-5
ing subparagraph (D) and inserting the following:6
(D) POLAR BEAR PARTS.7
(i) IN GENERAL.Notwithstanding8
subparagraphs (A) and (C)(ii), subsection9
(d)(3), and sections 101 and 102, the Sec-10
retary of the Interior shall, expeditiously11
after the date on which the expiration of12
the applicable 30-day period described in13
subsection (d)(2) expires, issue a permit14
for the importation of any polar bear part15
(other than an internal organ) from a16
polar bear taken in a sport hunt in Canada17
to any person18
(I) who submits, with the per-19
mit application, proof that the polar20
bear was legally harvested by the per-21
son before February 18, 1997; or22
(II) who submitted, with a per-23
mit application submitted before May24
15, 2008, proof that the polar bear25
was legally harvested from a polar26
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bear population from which a sport-1
hunted trophy could be imported be-2
fore May 15, 2008, in accordance3
with section 18.30(i) of title 50, Code4
of Federal Regulations (or a successor5
regulation) by the person before May6
15, 2008.7
(ii) APPLICABILITY OF PROHIBITION8
ON THE IMPORTATION OF A DEPLETED9
SPECIES.10
(I) PARTS LEGALLY HARVESTED11
BEFORE FEBRUARY 18, 1997.12
(aa) IN GENERAL.Sec-13
tions 101(a)(3)(B) and 102(b)(3)14
shall not apply to the importation15
of any polar bear part authorized16
by a permit issued under clause17
(i)(I).18
(bb) APPLICABILITY.19
Item (aa) shall not apply to polar20
bear parts imported before June21
12, 1997.22
(II) PARTS LEGALLY HAR-23
VESTED BEFORE MAY 15, 2008.24
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(aa) IN GENERAL.Sec-1
tions 101(a)(3)(B) and 102(b)(3)2
shall not apply to the importation3
of any polar bear part authorized4
by a permit issued under clause5
(i)(II).6
(bb) APPLICABILITY.7
Item (aa) shall not apply to polar8
bear parts imported before the9
date of enactment of the SPORT10
Act..11
SEC. 105. TARGET PRACTICE AND MARKSMANSHIP TRAIN-12
ING ON FEDERAL LAND.13
(a) FINDINGS; PURPOSE.14
(1) FINDINGS.Congress finds that15
(A) the use of firearms and archery equip-16
ment for target practice and marksmanship17
training activities on Federal land is allowed,18
except to the extent specific portions of that19
land have been closed to those activities;20
(B) in recent years preceding the date of21
enactment of this Act, portions of Federal land22
have been closed to target practice and marks-23
manship training for many reasons;24
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(C) the availability of public target ranges1
on non-Federal land has been declining for a2
variety of reasons, including continued popu-3
lation growth and development near former4
ranges;5
(D) providing opportunities for target6
practice and marksmanship training at public7
target ranges on Federal and non-Federal land8
can help9
(i) to promote enjoyment of shooting,10
recreational, and hunting activities; and11
(ii) to ensure safe and convenient lo-12
cations for those activities;13
(E) Federal law in effect on the date of en-14
actment of this Act, including the Pittman-Rob-15
ertson Wildlife Restoration Act (16 U.S.C. 66916
et seq.), provides Federal support for construc-17
tion and expansion of public target ranges by18
making available to States amounts that may19
be used for construction, operation, and mainte-20
nance of public target ranges; and21
(F) it is in the public interest to provide22
increased Federal support to facilitate the con-23
struction or expansion of public target ranges.24
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(2) PURPOSE.The purpose of this section is1
to facilitate the construction and expansion of public2
target ranges, including ranges on Federal land3
managed by the Forest Service and the Bureau of4
Land Management.5
(b) DEFINITION OF PUBLIC TARGET RANGE.In6
this section, the term public target range means a spe-7
cific location that8
(1) is identified by a governmental agency for9
recreational shooting;10
(2) is open to the public;11
(3) may be supervised; and12
(4) may accommodate archery or rifle, pistol, or13
shotgun shooting.14
(c) AMENDMENTS TO PITTMAN-ROBERTSON WILD-15
LIFE RESTORATIONACT.16
(1) DEFINITIONS.Section 2 of the Pittman-17
Robertson Wildlife Restoration Act (16 U.S.C.18
669a) is amended19
(A) by redesignating paragraphs (2)20
through (8) as paragraphs (3) through (9), re-21
spectively; and22
(B) by inserting after paragraph (1) the23
following:24
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(2) the term public target range means a1
specific location that2
(A) is identified by a governmental agen-3
cy for recreational shooting;4
(B) is open to the public;5
(C) may be supervised; and6
(D) may accommodate archery or rifle,7
pistol, or shotgun shooting;.8
(2) EXPENDITURES FOR MANAGEMENT OF9
WILDLIFE AREAS AND RESOURCES.Section 8(b) of10
the Pittman-Robertson Wildlife Restoration Act (1611
U.S.C. 669g(b)) is amended12
(A) by striking (b) Each State and in-13
serting the following:14
(b) EXPENDITURES FOR MANAGEMENT OF WILD-15
LIFEAREAS AND RESOURCES.16
(1) IN GENERAL.Except as provided in para-17
graph (2), each State;18
(B) in paragraph (1) (as so designated), by19
striking construction, operation, and insert-20
ing operation;21
(C) in the second sentence, by striking22
The non-Federal share and inserting the fol-23
lowing:24
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(3) NON-FEDERAL SHARE.The non-Federal1
share;2
(D) in the third sentence, by striking The3
Secretary and inserting the following:4
(4) REGULATIONS.The Secretary; and5
(E) by inserting after paragraph (1) (as6
designated by subparagraph (A)) the following:7
(2) EXCEPTION.Notwithstanding the limita-8
tion described in paragraph (1), a State may pay up9
to 90 percent of the cost of acquiring land for, ex-10
panding, or constructing a public target range..11
(3) FIREARM AND BOW HUNTER EDUCATION12
AND SAFETY PROGRAM GRANTS.Section 10 of the13
Pittman-Robertson Wildlife Restoration Act (1614
U.S.C. 669h1) is amended15
(A) in subsection (a), by adding at the end16
the following:17
(3) ALLOCATION OF ADDITIONAL AMOUNTS.18
Of the amount apportioned to a State for any fiscal19
year under section 4(b), the State may elect to allo-20
cate not more than 10 percent, to be combined with21
the amount apportioned to the State under para-22
graph (1) for that fiscal year, for acquiring land for,23
expanding, or constructing a public target range.;24
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(B) by striking subsection (b) and insert-1
ing the following:2
(b) COST SHARING.3
(1) IN GENERAL.Except as provided in para-4
graph (2), the Federal share of the cost of any activ-5
ity carried out using a grant under this section shall6
not exceed 75 percent of the total cost of the activ-7
ity.8
(2) PUBLIC TARGET RANGE CONSTRUCTION OR9
EXPANSION.The Federal share of the cost of ac-10
quiring land for, expanding, or constructing a public11
target range in a State on Federal or non-Federal12
land pursuant to this section or section 8(b) shall13
not exceed 90 percent of the cost of the activity.;14
and15
(C) in subsection (c)(1)16
(i) by striking Amounts made and17
inserting the following:18
(A) IN GENERAL.Except as provided in19
subparagraph (B), amounts made; and20
(ii) by adding at the end the fol-21
lowing:22
(B) EXCEPTION.Amounts provided for23
acquiring land for, constructing, or expanding a24
public target range shall remain available for25
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expenditure and obligation during the 5-fiscal-1
year period beginning on October 1 of the first2
fiscal year for which the amounts are made3
available..4
(d) SENSE OF CONGRESS REGARDING COOPERA-5
TION.It is the sense of Congress that, consistent with6
applicable laws (including regulations), the Chief of the7
Forest Service and the Director of the Bureau of Land8
Management should cooperate with State and local au-9
thorities and other entities to carry out waste removal and10
other activities on any Federal land used as a public target11
range to encourage continued use of that land for target12
practice or marksmanship training.13
SEC. 106. TAKING OF MIGRATORY GAME BIRDS.14
Section 3 of the Migratory Bird Treaty Act (1615
U.S.C. 704) is amended by adding at the end the fol-16
lowing:17
(c) EXEMPTIONS ON CERTAIN LAND.18
(1) IN GENERAL.Nothing in this section pro-19
hibits the taking of any migratory game bird, includ-20
ing waterfowl, coots, and cranes, on or over land21
that22
(A) is not a baited area; and23
(B) contains24
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(i) a standing crop or flooded stand-1
ing crop, including an aquatic crop;2
(ii) standing, flooded, or manipulated3
natural vegetation;4
(iii) flooded harvested cropland; or5
(iv) based on the determination of6
the applicable State office of the Coopera-7
tive Extension System of the Department8
of Agriculture at the request of the Sec-9
retary of the Interior, an area on which10
seed or grain has been scattered solely as11
the result of a normal agricultural plant-12
ing, harvesting, post-harvest manipulation,13
or normal soil stabilization practice.14
(2) DETERMINATIONS.15
(A) IN GENERAL.For purposes of mak-16
ing a determination under paragraph17
(1)(B)(iv), each State office of the Cooperative18
Extension System of the Department of Agri-19
culture shall determine the activities in that20
State that the State office considers to be a21
normal agricultural practice in the State, such22
as mowing, shredding, discing, rolling, chop-23
ping, trampling, flattening, burning, or carrying24
out herbicide treatment.25
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(B) REVISIONS.A State office may re-1
vise a report described in subparagraph (A) as2
the State office determines to be necessary to3
reflect changing agricultural practices..4
SEC. 107. ANNUAL PERMIT AND FEE FOR FILM CREWS OF5
5 PERSONS OR FEWER.6
(a) PURPOSE.The purpose of this section is to pro-7
vide commercial film crews of 5 persons or fewer access8
to film in areas designated for public use during public9
hours on Federal land and waterways.10
(b) SPECIAL RULES.Section 1(a) of Public Law11
106206 (16 U.S.C. 460l6d(a)) is amended12
(1) by redesignating paragraphs (1), (2), and13
(3) as subparagraphs (A), (B), and (C), respectively,14
and indenting appropriately;15
(2) in the first sentence, by striking The Sec-16
retary of the Interior and inserting the following:17
(1) IN GENERAL.Except as provided in para-18
graph (4), the Secretary of the Interior;19
(3) in the second sentence, by striking Such20
fee and inserting the following:21
(2) CRITERIA.The fee established under22
paragraph (1);23
(4) in the third sentence, by striking The Sec-24
retary may and inserting the following:25
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(3) OTHER CONSIDERATIONS.The Secretary1
may; and2
(5) by adding at the end the following:3
(4) SPECIAL RULES FOR FILM CREWS OF 54
PERSONS OR FEWER.5
(A) DEFINITION OF FILM CREW.In this6
paragraph, the term film crew means any per-7
sons present on Federal land or waterways8
under the jurisdiction of the Secretary who are9
associated with the production of a film.10
(B) REQUIRED PERMIT AND FEE.For11
any film crew of 5 persons or fewer, the Sec-12
retary shall require a permit and assess an an-13
nual fee of $200 for commercial filming activi-14
ties or similar projects on Federal land and wa-15
terways administered by the Secretary.16
(C) COMMERCIAL FILMING ACTIVITIES.17
A permit issued under subparagraph (B) shall18
be valid for commercial filming activities or19
similar projects that occur in areas designated20
for public use during public hours on all Fed-21
eral land and waterways administered by the22
Secretary for a 1-year period beginning on the23
date of issuance of the permit.24
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(D) NO ADDITIONAL FEES.For persons1
holding a permit issued under this paragraph,2
during the effective period of the permit, the3
Secretary shall not assess any fees in addition4
to the fee assessed under subparagraph (B).5
(E) USE OF CAMERAS.The Secretary6
shall not prohibit, as a mechanized apparatus7
or under any other purposes, use of cameras or8
related equipment used for the purpose of com-9
mercial filming activities or similar projects in10
accordance with this paragraph on Federal land11
and waterways administered by the Secretary.12
(F) NOTIFICATION REQUIRED.A film13
crew of 5 persons or fewer subject to a permit14
issued under this paragraph shall notify the ap-15
plicable land management agency with jurisdic-16
tion over the Federal land at least 48 hours be-17
fore entering the Federal land.18
(G) DENIAL OF ACCESS.The head of19
the applicable land management agency may20
deny access to a film crew under this paragraph21
if22
(i) there is a likelihood of resource23
damage that cannot be mitigated;24
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SEC. 3. AVAILABILITY OF FUNDS FOR CERTAIN PROJECTS.1
(a) IN GENERAL.Notwithstanding any other pro-2
vision of this Act, the Secretary of the Interior and the3
Secretary of Agriculture shall ensure that, of the amounts4
requested for the fund for each fiscal year, not less than5
the greater of 1.5 percent of the amounts or $10,000,0006
shall be made available for projects identified on the pri-7
ority list developed under subsection (b).8
(b) PRIORITY LIST.The Secretary of the Interior9
and the Secretary of Agriculture, in consultation with the10
head of each affected Federal agency, shall annually de-11
velop a priority list for the sites under the jurisdiction of12
the applicable Secretary.13
(c) CRITERIA.Projects identified on the priority14
list developed under subsection (b) shall secure rec-15
reational public access to Federal public land in existence16
as of the date of enactment of this section that has signifi-17
cantly restricted access for hunting, fishing, and other rec-18
reational purposes through rights-of-way or acquisition of19
land (or any interest in land) from willing sellers..20
(b) CONFORMING AMENDMENTS.The Land and21
Water Conservation Fund Act of 1965 (16 U.S.C. 460l22
4 et seq.) is amended23
(1) in the proviso at the end of section 2(c)(2)24
(16 U.S.C. 460l5(c)(2)), by striking notwith-25
standing the provisions of section 3 of this Act;26
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FLO13A36 S.L.C.
(2) in the first sentence of section 9 (16 U.S.C.1
460l10a), by striking by section 3 of this Act;2
and3
(3) in the third sentence of section 10 (164
U.S.C. 460l10b), by striking by section 3 of this5
Act.6
SEC. 202. FEDERAL LAND TRANSACTION FACILITATION7
ACT.8
The Federal Land Transaction Facilitation Act is9
amended10
(1) in section 203(2) (43 U.S.C. 2302(2)), by11
striking on the date of enactment of this Act was12
and inserting is;13
(2) in section 205 (43 U.S.C. 2304)14
(A) in subsection (a), by striking (as in15
effect on the date of enactment of this Act);16
and17
(B) by striking subsection (d);18
(3) in section 206 (43 U.S.C. 2305), by striking19
subsection (f); and20
(4) in section 207(b) (43 U.S.C. 2306(b))21
(A) in paragraph (1)22
(i) by striking 96568 and insert-23
ing 96586; and24
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FLO13A36 S.L.C.
(ii) by striking ; or and inserting a1
semicolon;2
(B) in paragraph (2)3
(i) by inserting Public Law 1054
263; before 112 Stat.; and5
(ii) by striking the period at the end6
and inserting a semicolon; and7
(C) by adding at the end the following:8
(3) the White Pine County Conservation,9
Recreation, and Development Act of 2006 (Public10
Law 109432; 120 Stat. 3028);11
(4) the Lincoln County Conservation, Recre-12
ation, and Development Act of 2004 (Public Law13
108424; 118 Stat. 2403);14
(5) subtitle F of title I of the Omnibus Public15
Land Management Act of 2009 (16 U.S.C. 113216
note; Public Law 11111);17
(6) subtitle O of title I of the Omnibus Public18
Land Management Act of 2009 (16 U.S.C. 460www19
note, 1132 note; Public Law 11111);20
(7) section 2601 of the Omnibus Public Land21
Management Act of 2009 (Public Law 11111; 12322
Stat. 1108); or23
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FLO13A36 S.L.C.
(8) section 2606 of the Omnibus Public Land1
Management Act of 2009 (Public Law 11111; 1232
Stat. 1121)..3
SEC. 203. RECREATIONAL FISHING, HUNTING, AND REC-4
REATIONAL SHOOTING ON FEDERAL PUBLIC5
LAND.6
(a) DEFINITIONS.In this section:7
(1) FEDERAL PUBLIC LAND.8
(A) IN GENERAL.The term Federal9
public land means any land or water that is10
(i) owned by the United States; and11
(ii) managed by a Federal agency (in-12
cluding the Department of the Interior and13
the Forest Service) for purposes that in-14
clude the conservation of natural resources.15
(B) EXCLUSIONS.The term Federal16
public land does not include17
(i) land or water held or managed in18
trust for the benefit of Indians or other19
Native Americans;20
(ii) land or water managed by the Di-21
rector of the National Park Service or the22
Director of the United States Fish and23
Wildlife Service;24
(iii) fish hatcheries; or25
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(iv) conservation easements on private1
land.2
(2) HUNTING.3
(A) IN GENERAL.The term hunting4
means use of a firearm, bow, or other author-5
ized means in the lawful6
(i) pursuit, shooting, capture, collec-7
tion, trapping, or killing of wildlife; or8
(ii) attempt to pursue, shoot, capture,9
collect, trap, or kill wildlife.10
(B) EXCLUSION.The term hunting11
does not include the use of skilled volunteers to12
cull excess animals (as defined by other Federal13
law).14
(3) RECREATIONAL FISHING.The term rec-15
reational fishing means16
(A) an activity for sport or for pleasure17
that involves18
(i) the lawful catching, taking, or har-19
vesting of fish; or20
(ii) the lawful attempted catching,21
taking, or harvesting of fish; or22
(B) any other activity for sport or pleasure23
that can reasonably be expected to result in the24
lawful catching, taking, or harvesting of fish.25
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shooting determined to be necessary and rea-1
sonable as supported by the best scientific evi-2
dence and advanced through a transparent pub-3
lic process.4
(2) MANAGEMENT.Consistent with paragraph5
(1), the head of each Federal public land manage-6
ment agency shall exercise the land management dis-7
cretion of the head8
(A) in a manner that supports and facili-9
tates recreational fishing, hunting, and rec-10
reational shooting opportunities;11
(B) to the extent authorized under applica-12
ble State law; and13
(C) in accordance with applicable Federal14
law.15
(3) PLANNING.16
(A) EFFECTS OF PLANS AND ACTIVI-17
TIES.18
(i) EVALUATION OF EFFECTS ON OP-19
PORTUNITIES TO ENGAGE IN REC-20
REATIONAL FISHING, HUNTING, OR REC-21
REATIONAL SHOOTING.Federal public22
land planning documents (including land23
resources management plans, resource24
management plans, travel management25
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plans, and energy development plans) shall1
include a specific evaluation of the effects2
of the plans on opportunities to engage in3
recreational fishing, hunting, or rec-4
reational shooting.5
(ii) OTHER ACTIVITY NOT CONSID-6
ERED.7
(I) IN GENERAL.Federal public8
land management officials shall not be9
required to consider the existence or10
availability of recreational fishing,11
hunting, or recreational shooting op-12
portunities on private or public land13
that is located adjacent to, or in the14
vicinity of, Federal public land for15
purposes of16
(aa) planning for or deter-17
mining which units of Federal18
public land are open for rec-19
reational fishing, hunting, or rec-20
reational shooting; or21
(bb) setting the levels of use22
for recreational fishing, hunting,23
or recreational shooting on Fed-24
eral public land.25
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(i) IN GENERAL.Land under the ju-1
risdiction of the Bureau of Land Manage-2
ment or the Forest Service (including a3
component of the National Wilderness4
Preservation System, land designated as a5
wilderness study area or administratively6
classified as wilderness eligible or suitable,7
and primitive or semiprimitive areas, but8
excluding land on the outer Continental9
Shelf) shall be open to recreational fishing,10
hunting, and recreational shooting unless11
the managing Federal public land agency12
acts to close the land to the activity.13
(ii) MOTORIZED ACCESS.Nothing in14
this subparagraph authorizes or requires15
motorized access or the use of motorized16
vehicles for recreational fishing, hunting,17
or recreational shooting purposes within18
land designated as a wilderness study area19
or administratively classified as wilderness20
eligible or suitable.21
(B) CLOSURE OR RESTRICTION.Land de-22
scribed in subparagraph (A)(i) may be subject23
to closures or restrictions if determined by the24
head of the agency to be necessary and reason-25
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able and supported by facts and evidence for1
purposes including resource conservation, public2
safety, energy or mineral production, energy3
generation or transmission infrastructure, water4
supply facilities, protection of other permittees,5
protection of private property rights or inter-6
ests, national security, or compliance with other7
law, as determined appropriate by the Director8
of the Bureau of Land Management or the9
Chief of the Forest Service, as applicable.10
(C) SHOOTING RANGES.11
(i) IN GENERAL.Except as provided12
in clause (iii), the head of each Federal13
public land agency may use the authorities14
of the head, in a manner consistent with15
this section and other applicable law16
(I) to lease or permit use of land17
under the jurisdiction of the head for18
shooting ranges; and19
(II) to designate specific land20
under the jurisdiction of the head for21
recreational shooting activities.22
(ii) LIMITATION ON LIABILITY.Any23
designation under clause (i)(II) shall not24
subject the United States to any civil ac-25
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FLO13A36 S.L.C.
tion or claim for monetary damages for in-1
jury or loss of property or personal injury2
or death caused by any recreational shoot-3
ing activity occurring at or on the des-4
ignated land.5
(iii) EXCEPTION.The head of each6
Federal public land agency shall not lease7
or permit use of Federal public land for8
shooting ranges or designate land for rec-9
reational shooting activities within includ-10
ing a component of the National Wilder-11
ness Preservation System, land designated12
as a wilderness study area or administra-13
tively classified as wilderness eligible or14
suitable, and primitive or semiprimitive15
areas.16
(5) REPORT.Not later than October 1 of17
every other year, beginning with the second October18
1 after the date of enactment of this Act, the head19
of each Federal public land agency who has author-20
ity to manage Federal public land on which rec-21
reational fishing, hunting, or recreational shooting22
occurs shall submit to the Committee on Natural23
Resources of the House of Representatives and the24
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(i) publishes appropriate notice of the1
withdrawal or change, respectively;2
(ii) demonstrates that coordination3
has occurred with a State fish and wildlife4
agency; and5
(iii) submits to the Committee on6
Natural Resources of the House of Rep-7
resentatives and the Committee on Energy8
and Natural Resources of the Senate writ-9
ten notice of the withdrawal or change, re-10
spectively.11
(B) AGGREGATE OR CUMULATIVE EF-12
FECTS.If the aggregate or cumulative effect13
of separate withdrawals or changes effectively14
closes or significantly restricts or affects 1,28015
or more acres of land or water, the withdrawals16
and changes shall be treated as a single with-17
drawal or change for purposes of subparagraph18
(A).19
(C) EMERGENCY CLOSURES.20
(i) IN GENERAL.Nothing in this sec-21
tion prohibits a Federal public land man-22
agement agency from establishing or im-23
plementing emergency closures or restric-24
tions of the smallest practicable area of25
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Federal public land to provide for public1
safety, resource conservation, national se-2
curity, or other purposes authorized by3
law.4
(ii) TERMINATION.An emergency5
closure under clause (i) shall terminate6
after a reasonable period of time unless the7
temporary closure is converted to a perma-8
nent closure consistent with this section.9
(7) NO PRIORITY.Nothing in this section re-10
quires a Federal agency to give preference to rec-11
reational fishing, hunting, or recreational shooting12
over other uses of Federal public land or over land13
or water management priorities established by other14
Federal law.15
(8) CONSULTATION WITH COUNCILS.In car-16
rying out this section, the heads of Federal public17
land agencies shall consult with the appropriate ad-18
visory councils established under Executive Order19
12962 (16 U.S.C. 1801 note; relating to recreational20
fisheries) and Executive Order 13443 (16 U.S.C.21
661 note; relating to facilitation of hunting heritage22
and wildlife conservation).23
(9) AUTHORITY OF STATES.24
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FLO13A36 S.L.C.
(A) IN GENERAL.Nothing in this section1
interferes with, diminishes, or conflicts with the2
authority, jurisdiction, or responsibility of any3
State to manage, control, or regulate fish and4
wildlife under State law (including regulations)5
on land or water within the State, including on6
Federal public land.7
(B) FEDERAL LICENSES.8
(i) IN GENERAL.Except as provided9
in clause (ii), nothing in this subsection10
authorizes the head of a Federal public11
land agency head to require a license, fee,12
or permit to fish, hunt, or trap on land or13
water in a State, including on Federal pub-14
lic land in the State.15
(ii) MIGRATORY BIRD STAMPS.Noth-16
ing in this subparagraph affects any mi-17
gratory bird stamp requirement of the Act18
of March 16, 1934 (16 U.S.C. 718a et19
seq.)(popularly known as the Duck Stamp20
Act).21
SEC. 204. REPORTS ON ACCESS TO FEDERAL PUBLIC LAND22
FOR HUNTERS, ANGLERS, AND OTHER OUT-23
DOOR RECREATIONAL USERS.24
(a) DEFINITIONS.In this section:25
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FLO13A36 S.L.C.
(1) FEDERAL PUBLIC LAND MANAGEMENT1
AGENCY.The term Federal public land manage-2
ment agency means any of3
(A) the National Park Service;4
(B) the United States Fish and Wildlife5
Service;6
(C) the Forest Service; and7
(D) the Bureau of Land Management.8
(2) TRAVEL MANAGEMENT PLAN.The term9
travel management plan means a plan for the10
management of travel11
(A) with respect to land under the jurisdic-12
tion of the National Park Service, on park13
roads and designated routes under section 4.1014
of title 36, Code of Federal Regulations (or suc-15
cessor regulations);16
(B) with respect to land under the jurisdic-17
tion of the United States Fish and Wildlife18
Service, on the land under a comprehensive con-19
servation plan prepared under section 4(e) of20
the National Wildlife Refuge System Adminis-21
tration Act of 1966 (16 U.S.C. 668dd(e));22
(C) with respect to land under the jurisdic-23
tion of the Forest Service, on National Forest24
System land under part 212 of title 36, Code25
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FLO13A36 S.L.C.
of Federal Regulations (or successor regula-1
tions); and2
(D) with respect to land under the jurisdic-3
tion of the Bureau of Land Management, under4
a resource management plan developed under5
the Federal Land Policy and Management Act6
of 1976 (43 U.S.C. 1701 et seq.).7
(b) REPORT ON PUBLIC ACCESS AND EGRESS TO8
FEDERAL PUBLIC LAND.9
(1) REPORT.Not later than 180 days after10
the date of enactment of this Act, and annually11
thereafter, each head of a Federal public land man-12
agement agency shall make available to the public on13
the website of the Federal public land management14
agency a report that includes15
(A) a list of the location and acreage of16
land more than 640 acres in size under the ju-17
risdiction of the Federal public land manage-18
ment agency on which the public is allowed,19
under Federal or State law, to hunt, fish, or20
use the land for other recreational purposes21
(i) to which there is no public access22
or egress; or23
(ii) to which public access or egress to24
the legal boundaries of the land is signifi-25
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FLO13A36 S.L.C.
cantly restricted (as determined by the1
head of the Federal public land manage-2
ment agency);3
(B) with respect to land described in sub-4
paragraph (A), a list of the locations and acre-5
age on the land that the head of the Federal6
public land management agency determines7
have significant potential for use for hunting,8
fishing, and other recreational purposes; and9
(C) with respect to land described in sub-10
paragraph (B), a plan developed by the Federal11
public land management agency that12
(i) identifies how public access and13
egress could reasonably be provided to the14
legal boundaries of the land in a manner15
that minimizes the impact on wildlife habi-16
tat and water quality;17
(ii) specifies the actions recommended18
to secure the access and egress, including19
acquiring an easement, right-of-way, or fee20
title from a willing owner of any land that21
abuts the land or the need to coordinate22
with State land management agencies or23
other Federal or State governmental enti-24
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FLO13A36 S.L.C.
ties to allow for such access and egress;1
and2
(iii) is consistent with the travel man-3
agement plan in effect on the land.4
(2) LIST OF PUBLIC ACCESS ROUTES FOR CER-5
TAIN LAND.Not later than 1 year after the date of6
enactment of this Act, each head of a Federal public7
land management agency shall make available to the8
public on the website of the Federal public land9
management agency, and thereafter revise as the10
head of the Federal public land management agency11
determines appropriate, a list of roads or trails that12
provide the primary public access and egress to the13
legal boundaries of contiguous parcels of land equal14
to more than 640 acres in size under the jurisdiction15
of the Federal public land management agency on16
which the public is allowed, under Federal or State17
law, to hunt, fish, or use the land for other rec-18
reational purposes.19
(3) MEANS OF PUBLIC ACCESS AND EGRESS IN-20
CLUDED.In considering public access and egress21
under paragraphs (1) and (2), the head of the appli-22
cable Federal public land management agency shall23
consider public access and egress to the legal bound-24
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FLO13A36 S.L.C.
aries of the land described in those subsections, in-1
cluding access and egress2
(A) by motorized or nonmotorized vehicles;3
and4
(B) on foot or horseback.5
(4) EFFECT.6
(A) IN GENERAL.This section shall have7
no effect on whether a particular recreational8
use shall be allowed on the land described in9
subparagraphs (A) and (B) of paragraph (1).10
(B) EFFECT OF ALLOWABLE USES ON11
AGENCY CONSIDERATION.In preparing the12
plan under paragraph (1)(C), the head of the13
applicable Federal public land management14
agency shall only consider recreational uses that15
are allowed on the land at the time that the16
plan is prepared.17
TITLE IIIHABITAT18
CONSERVATION19
SEC. 301. NORTH AMERICAN WETLANDS CONSERVATION20
ACT.21
Section 7(c)(5) of the North American Wetlands Con-22
servation Act (16 U.S.C. 4406(c)(5)) is amended by strik-23
ing 2012 and inserting 2017.24
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FLO13A36 S.L.C.
SEC. 302. NATIONAL FISH AND WILDLIFE FOUNDATION ES-1
TABLISHMENT ACT.2
(a) BOARD OF DIRECTORS OF THE FOUNDATION.3
(1) IN GENERAL.Section 3 of the National4
Fish and Wildlife Foundation Establishment Act (165
U.S.C. 3702) is amended6
(A) in subsection (b)7
(i) by striking paragraph (2) and in-8
serting the following:9
(2) IN GENERAL.After consulting with the10
Secretary of Commerce and considering the rec-11
ommendations submitted by the Board, the Sec-12
retary of the Interior shall appoint 28 Directors13
who, to the maximum extent practicable, shall14
(A) be knowledgeable and experienced in15
matters relating to the conservation of fish,16
wildlife, or other natural resources; and17
(B) represent a balance of expertise in18
ocean, coastal, freshwater, and terrestrial re-19
source conservation.; and20
(ii) by striking paragraph (3) and in-21
serting the following:22
(3) TERMS.Each Director (other than a Di-23
rector described in paragraph (1)) shall be appointed24
for a term of 6 years.; and25
(B) in subsection (g)(2)26
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FLO13A36 S.L.C.
(i) in subparagraph (A), by striking1
(A) Officers and employees may not be2
appointed until the Foundation has suffi-3
cient funds to pay them for their service.4
Officers and inserting the following:5
(A) IN GENERAL.Officers; and6
(ii) by striking subparagraph (B) and7
inserting the following:8
(B) EXECUTIVE DIRECTOR.The Foun-9
dation shall have an Executive Director who10
shall be11
(i) appointed by, and serve at the di-12
rection of, the Board as the chief executive13
officer of the Foundation; and14
(ii) knowledgeable and experienced in15
matters relating to fish and wildlife con-16
servation..17
(2) CONFORMING AMENDMENT.Section18
4(a)(1)(B) of the North American Wetlands Con-19
servation Act (16 U.S.C. 4403(a)(1)(B)) is amended20
by striking Secretary of the Board and inserting21
Executive Director of the Board.22
(b) RIGHTS AND OBLIGATIONS OF THE FOUNDA-23
TION.Section 4 of the National Fish and Wildlife Foun-24
dation Establishment Act (16 U.S.C. 3703) is amended25
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FLO13A36 S.L.C.
(1) in subsection (c)1
(A) by striking (c) POWERS.To carry2
out its purposes under and inserting the fol-3
lowing:4
(c) POWERS.5
(1) IN GENERAL.To carry out the purposes6
described in;7
(B) by redesignating paragraphs (1)8
through (11) as subparagraphs (A) through9
(K), respectively, and indenting appropriately;10
(C) in subparagraph (D) (as redesignated11
by subparagraph (B)), by striking that are in-12
sured by an agency or instrumentality of the13
United States and inserting at 1 or more fi-14
nancial institutions that are members of the15
Federal Deposit Insurance Corporation or the16
Securities Investment Protection Corporation;17
(D) in subparagraph (E) (as redesignated18
by subparagraph (B)), by striking paragraph19
(3) or (4) and inserting subparagraph (C) or20
(D);21
(E) in subparagraph (J) (as redesignated22
by subparagraph (B)), by striking ; and and23
inserting a semicolon;24
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FLO13A36 S.L.C.
(F) by striking subparagraph (K) (as re-1
designated by subparagraph (B)) and inserting2
the following:3
(K) to receive and administer restitution4
and community service payments, amounts for5
mitigation of impacts to natural resources, and6
other amounts arising from legal, regulatory, or7
administrative proceedings, subject to the con-8
dition that the amounts are received or admin-9
istered for purposes that further the conserva-10
tion and management of fish, wildlife, plants,11
and other natural resources; and12
(L) to do acts necessary to carry out the13
purposes of the Foundation.; and14
(G) by striking the undesignated matter at15
the end and inserting the following:16
(2) TREATMENT OF REAL PROPERTY.17
(A) IN GENERAL.For purposes of this18
Act, an interest in real property shall be treated19
as including easements or other rights for pres-20
ervation, conservation, protection, or enhance-21
ment by and for the public of natural, scenic,22
historic, scientific, educational, inspirational, or23
recreational resources.24
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FLO13A36 S.L.C.
(B) ENCUMBERED REAL PROPERTY.A1
gift, devise, or bequest may be accepted by the2
Foundation even though the gift, devise, or be-3
quest is encumbered, restricted, or subject to4
beneficial interests of private persons if any5
current or future interest in the gift, devise, or6
bequest is for the benefit of the Foundation.7
(3) SAVINGS CLAUSE.The acceptance and8
administration of amounts by the Foundation under9
paragraph (1)(K) does not alter, supersede, or limit10
any regulatory or statutory requirement associated11
with those amounts.;12
(2) by striking subsections (f) and (g); and13
(3) by redesignating subsections (h) and (i) as14
subsections (f) and (g), respectively.15
(c) AUTHORIZATION OF APPROPRIATIONS.Section16
10 of the National Fish and Wildlife Foundation Estab-17
lishment Act (16 U.S.C. 3709) is amended18
(1) in subsection (a), by striking paragraph (1)19
and inserting the following:20
(1) IN GENERAL.There are authorized to be21
appropriated to carry out this Act for each of fiscal22
years 2014 through 201923
(A) $15,000,000 to the Secretary of the24
Interior;25
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FLO13A36 S.L.C.
(B) $5,000,000 to the Secretary of Agri-1
culture; and2
(C) $5,000,000 to the Secretary of Com-3
merce.;4
(2) in subsection (b)5
(A) by striking paragraph (1) and insert-6
ing the following:7
(1) AMOUNTS FROM FEDERAL AGENCIES.8
(A) IN GENERAL.In addition to the9
amounts authorized to be appropriated under10
subsection (a), Federal departments, agencies,11
or instrumentalities may provide Federal funds12
to the Foundation, subject to the condition that13
the amounts are used for purposes that further14
the conservation and management of fish, wild-15
life, plants, and other natural resources in ac-16
cordance with this Act.17
(B) ADVANCES.Federal departments,18
agencies, or instrumentalities may advance19
amounts described in subparagraph (A) to the20
Foundation in a lump sum without regard to21
when the expenses for which the amounts are22
used are incurred.23
(C) MANAGEMENT FEES.The Founda-24
tion may assess and collect fees for the manage-25
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FLO13A36 S.L.C.
ment of amounts received under this para-1
graph.;2
(B) in paragraph (2)3
(i) in the paragraph heading, by strik-4
ing FUNDS and inserting AMOUNTS;5
(ii) by striking shall be used and in-6
serting may be used; and7
(iii) by striking and State and local8
government agencies and inserting ,9
State and local government agencies, and10
other entities; and11
(C) by adding at the end the following:12
(3) ADMINISTRATION OF AMOUNTS.13
(A) IN GENERAL.In entering into con-14
tracts, agreements, or other partnerships pursu-15
ant to this Act, a Federal department, agency,16
or instrumentality shall have discretion to waive17
any competitive process applicable to the de-18
partment, agency, or instrumentality for enter-19
ing into contracts, agreements, or partnerships20
with the Foundation if the purpose of the waiv-21
er is22
(i) to address an environmental23
emergency resulting from a natural or24
other disaster; or25
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(ii) as determined by the head of the1
applicable Federal department, agency, or2
instrumentality, to reduce administrative3
expenses and expedite the conservation and4
management of fish, wildlife, plants, and5
other natural resources.6
(B) REPORTS.The Foundation shall in-7
clude in the annual report submitted under sec-8
tion 7(b) a description of any use of the author-9
ity under subparagraph (A) by a Federal de-10
partment, agency, or instrumentality in that fis-11
cal year.; and12
(3) by adding at the end the following:13
(d) USE OF GIFTS, DEVISES, OR BEQUESTS OF14
MONEY OR OTHER PROPERTY.Any gifts, devises, or be-15
quests of amounts or other property, or any other amounts16
or other property, transferred to, deposited with, or other-17
wise in the possession of the Foundation pursuant to this18
Act, may be made available by the Foundation to Federal19
departments, agencies, or instrumentalities and may be20
accepted and expended (or the disposition of the amounts21
or property directed), without further appropriation, by22
those Federal departments, agencies, or instrumentalities,23
subject to the condition that the amounts or property be24
used for purposes that further the conservation and man-25
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agement of fish, wildlife, plants, and other natural re-1
sources..2
(d) LIMITATION ON AUTHORITY.Section 11 of the3
National Fish and Wildlife Foundation Establishment Act4
(16 U.S.C. 3710) is amended by inserting exclusive be-5
fore authority.6
SEC. 303. MULTINATIONAL SPECIES CONSERVATION FUNDS7
SEMIPOSTAL STAMP ACT OF 2010.8
Section 2(c)(2) of the Multinational Species Con-9
servation Funds Semipostal Stamp Act of 2010 (3910
U.S.C. 416 note; Public Law 111241) is amended by11
striking 2 years and inserting 6 years.12
SEC. 304. PARTNERS FOR FISH AND WILDLIFE ACT.13
Section 5 of the Partners for Fish and Wildlife Act14
(16 U.S.C. 3774) is amended by striking 2011 and in-15
serting 2018.16