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H.R. 2406 (114th): SHARE Act


The text of the bill below is as of Dec 10, 2015 (Reported by House Committee).


IB

Union Calendar No. 287

114th CONGRESS

1st Session

H. R. 2406

[Report No. 114–377, Part I]

IN THE HOUSE OF REPRESENTATIVES

May 19, 2015

(for himself, Mr. Walz, Mr. Duncan of South Carolina, and Mr. Gene Green of Texas) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Energy and Commerce, Transportation and Infrastructure, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

December 10, 2015

Additional sponsors: Mr. Babin, Mr. Farenthold, Mr. Gosar, Mr. Rigell, Mr. Cole, Mr. Kline, Mr. Latta, Mr. Tipton, Mr. Huelskamp, Mr. DesJarlais, Mr. Peterson, Mr. Rogers of Alabama, Mr. Roe of Tennessee, Mr. Benishek, Mr. Messer, Mr. Huizenga of Michigan, Mr. Walberg, Mr. Carter of Texas, Mr. Luetkemeyer, Mr. Jody B. Hice of Georgia, Mr. Sessions, Mr. Emmer of Minnesota, Mrs. Miller of Michigan, Mr. Westmoreland, Mr. McClintock, Mr. Collins of New York, Mr. Nugent, Mr. Palazzo, Mr. Wenstrup, Mr. Valadao, Mr. Young of Alaska, Mr. Ratcliffe, Mr. Miller of Florida, and Mr. Kind


December 10, 2015

Reported from the Committee on Natural Resources with an amendment

Strike out all after the enacting clause and insert the part printed in italic

December 10, 2015

The Committees on Agriculture, Energy and Commerce, Transportation and Infrastructure, and the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

For text of introduced bill, see copy of bill as introduced on May 19, 2015

A BILL

To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes.


1.

Short title

This Act may be cited as the Sportsmen’s Heritage and Recreational Enhancement Act of 2015 or the SHARE Act.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Report on economic impact.

Title I—Hunting, Fishing and Recreational Shooting Protection Act

Sec. 101. Short title.

Sec. 102. Modification of definition.

Sec. 103. Limitation on authority to regulate ammunition and fishing tackle.

Title II—Target Practice and Marksmanship Training Support Act

Sec. 201. Short title.

Sec. 202. Findings; purpose.

Sec. 203. Definition of public target range.

Sec. 204. Amendments to Pittman-Robertson Wildlife Restoration Act.

Sec. 205. Limits on liability.

Sec. 206. Sense of Congress regarding cooperation.

Title III—Polar Bear Conservation and Fairness Act

Sec. 301. Short title.

Sec. 302.  Permits for importation of polar bear trophies taken in sport hunts in Canada.

Title IV—Recreational Lands Self-Defense Act

Sec. 401. Short title.

Sec. 402. Protecting Americans from violent crime.

Title V—Wildlife and Hunting Heritage Conservation Council Advisory Committee

Sec. 501. Wildlife and Hunting Heritage Conservation Council Advisory Committee.

Title VI—Recreational Fishing and Hunting Heritage Opportunities Act

Sec. 601. Short title.

Sec. 602. Findings.

Sec. 603. Fishing, hunting, and recreational shooting.

Sec. 604. Volunteer Hunters; Reports; Closures and Restrictions.

Title VII—Farmer and Hunter Protection Act

Sec. 701. Short title.

Sec. 702. Baiting of migratory game birds.

Title VIII—Transporting Bows Across National Park Service Lands

Sec. 801. Short title.

Sec. 802. Bowhunting opportunity and wildlife stewardship.

Title IX—Federal Land Transaction Facilitation Act Reauthorization (FLTFA)

Sec. 901. Short title.

Sec. 902. Federal Land Transaction Facilitation Act.

Title X—African Elephant Conservation and Legal Ivory Possession Act

Sec. 1001. Short title.

Sec. 1002. References.

Sec. 1003. Limited exemption for certain African elephant ivory.

Sec. 1004. Placement of United States Fish and Wildlife Service law enforcement officer in each African elephant range country.

Sec. 1005.  Certification for the purposes of the Fishermen’s Protective Act of 1967.

Sec. 1006. Treatment of elephant ivory.

Sec. 1007. Sport-hunted elephant trophies.

Sec. 1008. African Elephant Conservation Act financial assistance priority and reauthorization.

Title XI—Respect for Treaties and Rights

Sec. 1101. Respect for Treaties and Rights.

Title XII—Interest on Obligations Held in the Wildlife Restoration Fund

Sec. 1201. Interest on obligations held in the wildlife restoration fund.

Title XIII—Permits for Film Crews of Five People or Less

Sec. 1301. Annual permit and fee for film crews of 5 persons or fewer.

Title XIV—State Approval of Fishing Restriction

Sec. 1401. State or Territorial Approval of Restriction of Recreational or Commercial Fishing Access to Certain State or Territorial Waters.

Title XV—Hunting and Recreational Fishing Within Certain National Forests

Sec. 1501. Definitions.

Sec. 1502. Hunting and recreational fishing within the national forest system.

Title XVI—Grand Canyon Bison Management Act

Sec. 1601. Short title.

Sec. 1602. Definitions.

Sec. 1603. Bison management plan for Grand Canyon National Park.

3.

Report on economic impact

Not later than 12 months after the date of the enactment of this Act, the Secretary of Interior shall submit a report to Congress that assesses expected economic impacts of the Act. Such report shall include—

(1)

a review of any expected increases in recreational hunting, fishing, shooting, and conservation activities;

(2)

an estimate of any jobs created in each industry expected to support such activities described in paragraph (1), including in the supply, manufacturing, distribution, and retail sectors;

(3)

an estimate of wages related to jobs described in paragraph (2); and

(4)

an estimate of anticipated new local, State, and Federal revenue related to jobs described in paragraph (2).

I

Hunting, Fishing and Recreational Shooting Protection Act

101.

Short title

This title may be cited as the Hunting, Fishing, and Recreational Shooting Protection Act.

102.

Modification of definition

Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)) is amended—

(1)

in clause (v), by striking , and and inserting , or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers,;

(2)

in clause (vi) by striking the period at the end and inserting , and; and

(3)

by inserting after clause (vi) the following:

(vii)

any sport fishing equipment (as such term is defined in subsection (a) of section 4162 of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components.

.

103.

Limitation on authority to regulate ammunition and fishing tackle

(a)

Limitation

Except as provided in section 20.21 of title 50, Code of Federal Regulations, as in effect on the date of the enactment of this Act, or any substantially similar successor regulation thereto, the Secretary of the Interior, the Secretary of Agriculture, and, except as provided by subsection (b), any bureau, service, or office of the Department of the Interior or the Department of Agriculture, may not regulate the use of ammunition cartridges, ammunition components, or fishing tackle based on the lead content thereof if such use is in compliance with the law of the State in which the use occurs.

(b)

Exception

The limitation in subsection (a) shall not apply to the U.S. Fish and Wildlife Service or the National Park Service.

II

Target Practice and Marksmanship Training Support Act

201.

Short title

This title may be cited as the Target Practice and Marksmanship Training Support Act.

202.

Findings; purpose

(a)

Findings

Congress finds that—

(1)

the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities;

(2)

in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons;

(3)

the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges;

(4)

providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help—

(A)

to promote enjoyment of shooting, recreational, and hunting activities; and

(B)

to ensure safe and convenient locations for those activities;

(5)

Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and

(6)

it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges.

(b)

Purpose

The purpose of this title is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management.

203.

Definition of public target range

In this title, the term public target range means a specific location that—

(1)

is identified by a governmental agency for recreational shooting;

(2)

is open to the public;

(3)

may be supervised; and

(4)

may accommodate archery or rifle, pistol, or shotgun shooting.

204.

Amendments to Pittman-Robertson Wildlife Restoration Act

(a)

Definitions

Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—

(1)

by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and

(2)

by inserting after paragraph (1) the following:

(2)

the term public target range means a specific location that—

(A)

is identified by a governmental agency for recreational shooting;

(B)

is open to the public;

(C)

may be supervised; and

(D)

may accommodate archery or rifle, pistol, or shotgun shooting;

.

(b)

Expenditures for management of wildlife areas and resources

Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended—

(1)

by striking (b) Each State and inserting the following:

(b)

Expenditures for management of wildlife areas and resources

(1)

In general

Except as provided in paragraph (2), each State

;

(2)

in paragraph (1) (as so designated), by striking construction, operation, and inserting operation;

(3)

in the second sentence, by striking The non-Federal share and inserting the following:

(3)

Non-Federal share

The non-Federal share

;

(4)

in the third sentence, by striking The Secretary and inserting the following:

(4)

Regulations

The Secretary

; and

(5)

by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following:

(2)

Exception

Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range.

.

(c)

Firearm and bow hunter education and safety program grants

Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is amended—

(1)

in subsection (a), by adding at the end the following:

(3)

Allocation of additional amounts

Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.

;

(2)

by striking subsection (b) and inserting the following:

(b)

Cost sharing

(1)

In general

Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity.

(2)

Public target range construction or expansion

The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.

; and

(3)

in subsection (c)(1)—

(A)

by striking Amounts made and inserting the following:

(A)

In general

Except as provided in subparagraph (B), amounts made

; and

(B)

by adding at the end the following:

(B)

Exception

Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available.

.

205.

Limits on liability

(a)

Discretionary function

For purposes of chapter 171 of title 28, United States Code (commonly referred to as the Federal Tort Claims Act), any action by an agent or employee of the United States to manage or allow the use of Federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function.

(b)

Civil action or claims

Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is—

(1)

funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.); or

(2)

located on Federal land.

206.

Sense of Congress regarding cooperation

It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.

III

Polar Bear Conservation and Fairness Act

301.

Short title

This title may be cited as the Polar Bear Conservation and Fairness Act of 2015.

302.

Permits for importation of polar bear trophies taken in sport hunts in Canada

Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:

(D)
(i)

The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30-day period under subsection (d)(2), issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person—

(I)

who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or

(II)

who has submitted, in support of a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested by the person before May 15, 2008, from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations.

(ii)

The Secretary shall issue permits under clause (i)(I) without regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). This clause shall not apply to polar bear parts that were imported before June 12, 1997.

(iii)

The Secretary shall issue permits under clause (i)(II) without regard to subparagraph (C)(ii) of this paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). This clause shall not apply to polar bear parts that were imported before the date of enactment of the Polar Bear Conservation and Fairness Act of 2015.

.

IV

Recreational Lands Self-Defense Act

401.

Short title

This title may be cited as the Recreational Lands Self-Defense Act of 2015.

402.

Protecting Americans from violent crime

(a)

Findings

Congress finds the following:

(1)

The Second Amendment to the Constitution provides that the right of the people to keep and bear Arms, shall not be infringed.

(2)

Section 327.13 of title 36, Code of Federal Regulations, provides that, except in special circumstances, possession of loaded firearms, ammunition, loaded projectile firing devices, bows and arrows, crossbows, or other weapons is prohibited at water resources development projects administered by the Secretary of the Army.

(3)

The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the second amendment rights of the individuals while at such water resources development projects.

(4)

The Federal laws should make it clear that the second amendment rights of an individual at a water resources development project should not be infringed.

(b)

Protecting the right of individuals To bear arms at water resources development projects

The Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if—

(1)

the individual is not otherwise prohibited by law from possessing the firearm; and

(2)

the possession of the firearm is in compliance with the law of the State in which the water resources development project is located.

V

Wildlife and Hunting Heritage Conservation Council Advisory Committee

501.

Wildlife and Hunting Heritage Conservation Council Advisory Committee

The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is amended by adding at the end the following:

10.

Wildlife and Hunting Heritage Conservation Council Advisory Committee

(a)

Establishment

There is hereby established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (in this section referred to as the Advisory Committee) to advise the Secretaries of the Interior and Agriculture on wildlife and habitat conservation, hunting, and recreational shooting.

(b)

Continuance and abolishment of existing wildlife and hunting heritage conservation council

The Wildlife and Hunting Heritage Conservation Council established pursuant to section 441 of the Revised Statutes (43 U.S.C. 1457), section 2 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus of the Department of the Interior—

(1)

shall continue until the date of the first meeting of the Wildlife and Hunting Heritage Conservation Council established by the amendment made by subsection (a); and

(2)

is hereby abolished effective on that date.

(c)

Duties of the advisory committee

The Advisory Committee shall advise the Secretaries with regard to—

(1)

implementation of Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation, which directs Federal agencies to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat;

(2)

policies or programs to conserve and restore wetlands, agricultural lands, grasslands, forest, and rangeland habitats;

(3)

policies or programs to promote opportunities and access to hunting and shooting sports on Federal lands;

(4)

policies or programs to recruit and retain new hunters and shooters;

(5)

policies or programs that increase public awareness of the importance of wildlife conservation and the social and economic benefits of recreational hunting and shooting; and

(6)

policies or programs that encourage coordination among the public, the hunting and shooting sports community, wildlife conservation groups, and States, tribes, and the Federal Government.

(d)

Membership

(1)

Appointment

(A)

In general

The Advisory Committee shall consist of no more than 16 discretionary members and 7 ex officio members.

(B)

Ex officio members

The ex officio members are—

(i)

the Director of the United States Fish and Wildlife Service or a designated representative of the Director;

(ii)

the Director of the Bureau of Land Management or a designated representative of the Director;

(iii)

the Director of the National Park Service or a designated representative of the Director;

(iv)

the Chief of the Forest Service or a designated representative of the Chief;

(v)

the Chief of the Natural Resources Conservation Service or a designated representative of the Chief;

(vi)

the Administrator of the Farm Service Agency or a designated representative of the Administrator; and

(vii)

the Executive Director of the Association of Fish and Wildlife Agencies.

(C)

Discretionary members

The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following:

(i)

State fish and wildlife agencies.

(ii)

Game bird hunting organizations.

(iii)

Wildlife conservation organizations.

(iv)

Big game hunting organizations.

(v)

Waterfowl hunting organizations.

(vi)

The tourism, outfitter, or guiding industry.

(vii)

The firearms or ammunition manufacturing industry.

(viii)

The hunting or shooting equipment retail industry.

(ix)

Tribal resource management organizations.

(x)

The agriculture industry.

(xi)

The ranching industry.

(xii)

Women’s hunting and fishing advocacy, outreach, or education organization.

(xiii)

Minority hunting and fishing advocacy, outreach, or education organization.

(xiv)

Veterans service organization.

(D)

Eligibility

Prior to the appointment of the discretionary members, the Secretaries shall determine that all individuals nominated for appointment to the Advisory Committee, and the organization each individual represents, actively support and promote sustainable-use hunting, wildlife conservation, and recreational shooting.

(2)

Terms

(A)

In general

Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms.

(B)

Terms of initial appointees

As designated by the Secretary at the time of appointment, of the members first appointed—

(i)

6 members shall be appointed for a term of 4 years;

(ii)

5 members shall be appointed for a term of 3 years; and

(iii)

5 members shall be appointed for a term of 2 years.

(3)

Preservation of public advisory status

No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government.

(4)

Vacancy and removal

(A)

In general

Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made.

(B)

Removal

Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause.

(5)

Continuation of service

Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed.

(6)

Chairperson

The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms.

(7)

Pay and expenses

Members of the Advisory Committee shall serve without pay for such service, but each member of the Advisory Committee may be reimbursed for travel and lodging incurred through attending meetings of the Advisory Committee approved subgroup meetings in the same amounts and under the same conditions as Federal employees (in accordance with section 5703 of title 5, United States Code).

(8)

Meetings

(A)

In general

The Advisory Committee shall meet at the call of the Secretaries, the chairperson, or a majority of the members, but not less frequently than twice annually.

(B)

Open meetings

Each meeting of the Advisory Committee shall be open to the public.

(C)

Prior notice of meetings

Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation.

(D)

Subgroups

The Advisory Committee may establish such workgroups or subgroups as it deems necessary for the purpose of compiling information or conducting research. However, such workgroups may not conduct business without the direction of the Advisory Committee and must report in full to the Advisory Committee.

(9)

Quorum

Nine members of the Advisory Committee shall constitute a quorum.

(e)

Expenses

The expenses of the Advisory Committee that the Secretaries determine to be reasonable and appropriate shall be paid by the Secretaries.

(f)

Administrative support, technical services, and advice

A designated Federal Officer shall be jointly appointed by the Secretaries to provide to the Advisory Committee the administrative support, technical services, and advice that the Secretaries determine to be reasonable and appropriate.

(g)

Annual report

(1)

Required

Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. If circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretaries shall advise the Chairpersons of each such Committee of the reasons for such delay and the date on which the submission of the report is anticipated.

(2)

Contents

The report required by paragraph (1) shall describe—

(A)

the activities of the Advisory Committee during the preceding year;

(B)

the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and

(C)

an accounting of actions taken by the Secretaries as a result of the recommendations.

(h)

Federal advisory committee act

The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).

.

VI

Recreational Fishing and Hunting Heritage Opportunities Act

601.

Short title

This title may be cited as the Recreational Fishing and Hunting Heritage and Opportunities Act.

602.

Findings

Congress finds that—

(1)

recreational fishing and hunting are important and traditional activities in which millions of Americans participate;

(2)

recreational anglers and hunters have been and continue to be among the foremost supporters of sound fish and wildlife management and conservation in the United States;

(3)

recreational fishing and hunting are environmentally acceptable and beneficial activities that occur and can be provided on Federal lands and waters without adverse effects on other uses or users;

(4)

recreational anglers, hunters, and sporting organizations provide direct assistance to fish and wildlife managers and enforcement officers of the Federal Government as well as State and local governments by investing volunteer time and effort to fish and wildlife conservation;

(5)

recreational anglers, hunters, and the associated industries have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management by providing revenues from purchases of fishing and hunting licenses, permits, and stamps, as well as excise taxes on fishing, hunting, and recreational shooting equipment that have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management;

(6)

recreational shooting is also an important and traditional activity in which millions of Americans participate;

(7)

safe recreational shooting is a valid use of Federal lands, including the establishment of safe and convenient recreational shooting ranges on such lands, and participation in recreational shooting helps recruit and retain hunters and contributes to wildlife conservation;

(8)

opportunities to recreationally fish, hunt, and shoot are declining, which depresses participation in these traditional activities, and depressed participation adversely impacts fish and wildlife conservation and funding for important conservation efforts; and

(9)

the public interest would be served, and our citizens’ fish and wildlife resources benefitted, by action to ensure that opportunities are facilitated to engage in fishing and hunting on Federal land as recognized by Executive Order No. 12962, relating to recreational fisheries, and Executive Order No. 13443, relating to facilitation of hunting heritage and wildlife conservation.

603.

Fishing, hunting, and recreational shooting

(a)

Definitions

In this section:

(1)

Federal land

The term Federal land means any land or water that is owned by the United States and under the administrative jurisdiction of the Bureau of Land Management or the Forest Service.

(2)

Federal land management officials

The term Federal land management officials means—

(A)

the Secretary of the Interior and Director of the Bureau of Land Management regarding Bureau of Land Management lands and interests in lands under the administrative jurisdiction of the Bureau of Land Management; and

(B)

the Secretary of Agriculture and Chief of the Forest Service regarding National Forest System lands.

(3)

Hunting

(A)

In general

Except as provided in subparagraph (B), the term hunting means use of a firearm, bow, or other authorized means in the lawful—

(i)

pursuit, shooting, capture, collection, trapping, or killing of wildlife;

(ii)

attempt to pursue, shoot, capture, collect, trap, or kill wildlife; or

(iii)

the training of hunting dogs, including field trials.

(B)

Exclusion

The term hunting does not include the use of skilled volunteers to cull excess animals (as defined by other Federal law).

(4)

Recreational fishing

The term recreational fishing means the lawful—

(A)

pursuit, capture, collection, or killing of fish; or

(B)

attempt to capture, collect, or kill fish.

(5)

Recreational shooting

The term recreational shooting means any form of sport, training, competition, or pastime, whether formal or informal, that involves the discharge of a rifle, handgun, or shotgun, or the use of a bow and arrow.

(b)

In general

Subject to valid existing rights and subsection (e), and cooperation with the respective State fish and wildlife agency, Federal land management officials shall exercise authority under existing law, including provisions regarding land use planning, to facilitate use of and access to Federal lands, including National Monuments, Wilderness Areas, Wilderness Study Areas, and lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas, for fishing, hunting, and recreational shooting, except as limited by—

(1)

statutory authority that authorizes action or withholding action for reasons of national security, public safety, or resource conservation;

(2)

any other Federal statute that specifically precludes fishing, hunting, or recreational shooting on specific Federal lands, waters, or units thereof; and

(3)

discretionary limitations on fishing, hunting, and recreational shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process.

(c)

Management

Consistent with subsection (a), Federal land management officials shall exercise their land management discretion—

(1)

in a manner that supports and facilitates fishing, hunting, and recreational shooting opportunities;

(2)

to the extent authorized under applicable State law; and

(3)

in accordance with applicable Federal law.

(d)

Planning

(1)

Evaluation of effects on opportunities to engage in fishing, hunting, or recreational shooting

Planning documents that apply to Federal lands, including land resources management plans, resource management plans, travel management plans, and general management plans shall include a specific evaluation of the effects of such plans on opportunities to engage in fishing, hunting, or recreational shooting.

(2)

Strategic Growth Policy for the National Wildlife Refuge System

Section 4(a)(3) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(a)(3)) is amended—

(A)

by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and

(B)

by inserting after subparagraph (B), the following:

(C)

the Secretary shall integrate wildlife-dependent recreational uses in accordance with their status as priority general public uses into proposed or existing regulations, policies, criteria, plans, or other activities to alter or amend the manner in which individual refuges or the National Wildlife Refuge System (System) are managed, including, but not limited to, any activities which target or prioritize criteria for long and short term System acquisitions;

.

(3)

No major federal action

No action taken under this title, or under section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd), either individually or cumulatively with other actions involving Federal lands or lands managed by the United States Fish and Wildlife Service, shall be considered to be a major Federal action significantly affecting the quality of the human environment, and no additional identification, analysis, or consideration of environmental effects, including cumulative effects, is necessary or required.

(4)

Other activity not considered

Federal land management officials are not required to consider the existence or availability of fishing, hunting, or recreational shooting opportunities on adjacent or nearby public or private lands in the planning for or determination of which Federal lands are open for these activities or in the setting of levels of use for these activities on Federal lands, unless the combination or coordination of such opportunities would enhance the fishing, hunting, or recreational shooting opportunities available to the public.

(e)

Federal lands

(1)

Lands open

Lands under the jurisdiction of the Bureau of Land Management and the Forest Service, including Wilderness Areas, Wilderness Study Areas, lands designated as wilderness or administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas and National Monuments, but excluding lands on the Outer Continental Shelf, shall be open to fishing, hunting, and recreational shooting unless the managing Federal agency acts to close lands to such activity. Lands may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence, for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interest, national security, or compliance with other law.

(2)

Recreational shooting ranges

(A)

In general

The head of each Federal agency shall use his or her authorities in a manner consistent with this Act and other applicable law, to—

(i)

lease or permit use of lands under the jurisdiction of the agency for recreational shooting ranges; and

(ii)

designate specific lands under the jurisdiction of the agency for recreational shooting activities.

(B)

Limitation on liability

Any designation under subparagraph (A)(ii) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated lands.

(f)

Necessity in wilderness areas and within and supplemental to wilderness purposes

(1)

Minimum requirements for administration

The provision of opportunities for fishing, hunting, and recreational shooting, and the conservation of fish and wildlife to provide sustainable use recreational opportunities on designated Federal wilderness areas shall constitute measures necessary to meet the minimum requirements for the administration of the wilderness area, provided that this determination shall not authorize or facilitate commodity development, use, or extraction, motorized recreational access or use that is not otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et seq.), or permanent road construction or maintenance within designated wilderness areas.

(2)

Application of Wilderness Act

Provisions of the Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that wilderness purposes are within and supplemental to the purposes of the underlying Federal land unit are reaffirmed. When seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities on designated wilderness areas, each Federal land management official shall implement these supplemental purposes so as to facilitate, enhance, or both, but not to impede the underlying Federal land purposes when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities in designated wilderness areas, provided that such implementation shall not authorize or facilitate commodity development, use or extraction, or permanent road construction or maintenance within designated wilderness areas.

(g)

No priority

Nothing in this section requires a Federal land management official to give preference to fishing, hunting, or recreational shooting over other uses of Federal land or over land or water management priorities established by Federal law.

(h)

Consultation with councils

In fulfilling the duties under this section, Federal land management officials shall consult with respective advisory councils as established in Executive Order Nos. 12962 and 13443.

(i)

Authority of the States

Nothing in this section shall be construed as interfering with, diminishing, or conflicting with the authority, jurisdiction, or responsibility of any State to exercise primary management, control, or regulation of fish and wildlife under State law (including regulations) on land or water within the State, including on Federal land.

(j)

Federal licenses

Nothing in this section shall be construed to authorize a Federal land management official to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal land in the States, except that this subsection shall not affect the Migratory Bird Stamp requirement set forth in the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.).

604.

Volunteer Hunters; Reports; Closures and Restrictions

(a)

Definitions

For the purposes of this section:

(1)

Public land

The term public land means—

(A)

units of the National Park System;

(B)

National Forest System lands; and

(C)

land and interests in land owned by the United States and under the administrative jurisdiction of—

(i)

the Fish and Wildlife Service; or

(ii)

the Bureau of Land Management.

(2)

Secretary

The term Secretary means—

(A)

the Secretary of the Interior and includes the Director of the National Park Service, with regard to units of the National Park System;

(B)

the Secretary of the Interior and includes the Director of the Fish and Wildlife Service, with regard to Fish and Wildlife Service lands and waters;

(C)

the Secretary of the Interior and includes the Director of the Bureau of Land Management, with regard to Bureau of Land Management lands and waters; and

(D)

the Secretary of Agriculture and includes the Chief of the Forest Service, with regard to National Forest System lands.

(3)

Volunteer from the hunting community

The term volunteer from the hunting community means a volunteer who holds a valid hunting license issued by a State.

(b)

Volunteer Hunters

When planning wildlife management involving reducing the size of a wildlife population on public land, the Secretary shall consider the use of and may use volunteers from the hunting community as agents to assist in carrying out wildlife management on public land. The Secretary shall not reject the use of volunteers from the hunting community as agents without the concurrence of the appropriate State wildlife management authorities.

(c)

Report

Beginning on the second October 1 after the date of the enactment of this Act and biennially on October 1 thereafter, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—

(1)

any public land administered by the Secretary that was closed to fishing, hunting, and recreational shooting at any time during the preceding year; and

(2)

the reason for the closure.

(d)

Closures or significant restrictions

(1)

In general

Other than closures established or prescribed by land planning actions referred to in section 604(e) or emergency closures described in paragraph (2), a permanent or temporary withdrawal, change of classification, or change of management status of public land that effectively closes or significantly restricts any acreage of public land to access or use for fishing, hunting, recreational shooting, or activities related to fishing, hunting, or recreational shooting, or a combination of those activities, shall take effect only if, before the date of withdrawal or change, the Secretary—

(A)

publishes appropriate notice of the withdrawal or change, respectively;

(B)

demonstrates that coordination has occurred with a State fish and wildlife agency; and

(C)

submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively.

(2)

Emergency closures

Nothing in this Act prohibits the Secretary from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes authorized by law. Such an emergency closure shall terminate after a reasonable period of time unless converted to a permanent closure consistent with this Act.

VII

Farmer and Hunter Protection Act

701.

Short title

This title may be cited as the Hunter and Farmer Protection Act.

702.

Baiting of migratory game birds

Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended by striking subsection (b) and inserting the following:

(b)

Prohibition of baiting

(1)

Definitions

In this subsection:

(A)

Baited area

(i)

In general

The term baited area means—

(I)

any area on which salt, grain, or other feed has been placed, exposed, deposited, distributed, or scattered, if the salt, grain, or feed could lure or attract migratory game birds; and

(II)

in the case of waterfowl, cranes (family Gruidae), and coots (fam­i­ly Rallidae), a standing, un­har­vest­ed crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices.

(ii)

Exclusions

An area shall not be considered to be a baited area if the area—

(I)

has been treated with a normal agricultural practice;

(II)

has standing crops that have not been manipulated; or

(III)

has standing crops that have been or are flooded.

(B)

Baiting

The term baiting means the direct or indirect placing, exposing, depositing, distributing, or scattering of salt, grain, or other feed that could lure or attract migratory game birds to, on, or over any areas on which a hunter is attempting to take migratory game birds.

(C)

Migratory game bird

The term migratory game bird means migratory bird species—

(i)

that are within the taxonomic families of Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae; and

(ii)

for which open seasons are prescribed by the Secretary of the Interior.

(D)

Normal agricultural practice

(i)

In general

The term normal agricultural practice means any practice in 1 annual growing season that—

(I)

is carried out in order to produce a marketable crop, including planting, harvest, postharvest, or soil conservation practices; and

(II)

is recommended for the successful harvest of a given crop by the applicable State office of the Cooperative Extension System of the Department of Agriculture, in consultation with, and if requested, the concurrence of, the head of the applicable State department of fish and wildlife.

(ii)

Inclusions

(I)

In general

Subject to subclause (II), the term normal agricultural practice includes the destruction of a crop in accordance with practices required by the Federal Crop Insurance Corporation for agricultural producers to obtain crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) on land on which a crop during the current or immediately preceding crop year was not harvestable due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, snowstorm, or other catastrophe that is declared a major disaster by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)).

(II)

Limitations

The term normal agricultural practice only includes a crop described in subclause (I) that has been destroyed or manipulated through activities that include (but are not limited to) mowing, discing, or rolling if the Federal Crop Insurance Corporation certifies that flooding was not an acceptable method of destruction to obtain crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

(E)

Waterfowl

The term waterfowl means native species of the family Anatidae.

(2)

Prohibition

It shall be unlawful for any person—

(A)

to take any migratory game bird by baiting or on or over any baited area, if the person knows or reasonably should know that the area is a baited area; or

(B)

to place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by baiting or on or over the baited area.

(3)

Regulations

The Secretary of the Interior may promulgate regulations to implement this subsection.

(4)

Reports

Annually, the Secretary of Agriculture shall submit to the Secretary of the Interior a report that describes any changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which the recommendations are provided to agricultural producers.

.

VIII

Transporting Bows Across National Park Service Lands

801.

Short title

This title may be cited as the Hunter Access Corridors Act.

802.

Bowhunting opportunity and wildlife stewardship

(a)

In general

Subchapter II of chapter 1015 of title 54, United States Code, is amended by adding at the end the following:

101513.

Hunter access corridors

(a)

Definitions

In this section:

(1)

Not ready for immediate use

The term not ready for immediate use means—

(A)

a bow or crossbow, the arrows of which are secured or stowed in a quiver or other arrow transport case; and

(B)

with respect to a crossbow, uncocked.

(2)

Valid hunting license

The term valid hunting license means a State-issued hunting license that authorizes an individual to hunt on private or public land adjacent to the System unit in which the individual is located while in possession of a bow or crossbow that is not ready for immediate use.

(b)

Transportation authorized

(1)

In general

The Director shall not require a permit for, or promulgate or enforce any regulation that prohibits an individual from transporting bows and crossbows that are not ready for immediate use across any System unit if—

(A)

in the case of an individual traversing the System unit on foot—

(i)

the individual is not otherwise prohibited by law from possessing the bows and crossbows;

(ii)

the bows or crossbows are not ready for immediate use throughout the period during which the bows or crossbows are transported across the System unit;

(iii)

the possession of the bows and crossbows is in compliance with the law of the State in which the System unit is located; and

(iv)
(I)

the individual possesses a valid hunting license;

(II)

the individual is traversing the System unit en route to a hunting access corridor established under subsection (c)(1); or

(III)

the individual is traversing the System unit in compliance with any other applicable regulations or policies; or

(B)

the bows or crossbows are not ready for immediate use and remain inside a vehicle.

(2)

Enforcement

Nothing in this subsection limits the authority of the Director to enforce laws (including regulations) prohibiting hunting or the taking of wildlife in any System unit.

(c)

Establishment of hunter access corridors

(1)

In general

On a determination by the Director under paragraph (2), the Director may establish and publish (in accordance with section 1.5 of title 36, Code of Federal Regulations (or a successor regulation)), on a publicly available map, hunter access corridors across System units that are used to access public land that is—

(A)

contiguous to a System unit; and

(B)

open to hunting.

(2)

Determination by director

The determination referred to in paragraph (1) is a determination that the hunter access corridor would provide wildlife management or visitor experience benefits within the boundary of the System unit in which the hunter access corridor is located.

(3)

Hunting season

The hunter access corridors shall be open for use during hunting seasons.

(4)

Exception

The Director may establish limited periods during which access through the hunter access corridors is closed for reasons of public safety, administration, or compliance with applicable law.

(5)

Identification of corridors

The Director shall—

(A)

make information regarding hunter access corridors available on the individual website of the applicable System unit; and

(B)

provide information regarding any processes established by the Director for transporting legally taken game through individual hunter access corridors.

(6)

Registration; transportation of game

The Director may—

(A)

provide registration boxes to be located at the trailhead of each hunter access corridor for self-registration;

(B)

provide a process for online self-registration; and

(C)

allow nonmotorized conveyances to transport legally taken game through a hunter access corridor established under this subsection, including game carts and sleds.

(7)

Consultation with States

The Director shall consult with each applicable State wildlife agency to identify appropriate hunter access corridors.

(d)

Effect

Nothing in this section—

(1)

diminishes, enlarges, or modifies any Federal or State authority with respect to recreational hunting, recreational shooting, or any other recreational activities within the boundaries of a System unit; or

(2)

authorizes—

(A)

the establishment of new trails in System units; or

(B)

authorizes individuals to access areas in System units, on foot or otherwise, that are not open to such access.

(e)

No major Federal action

(1)

In general

Any action taken under this section shall not be considered a major Federal action significantly affecting the quality of the human environment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(2)

No additional action required

No additional identification, analyses, or consideration of environmental effects (including cumulative environmental effects) is necessary or required with respect to an action taken under this section.

.

(b)

Clerical amendment

The table of sections for title 54, United States Code, is amended by inserting after the item relating to section 101512 the following:

101513. Hunter access corridors.

.

IX

Federal Land Transaction Facilitation Act Reauthorization (FLTFA)

901.

Short title

This title may be cited as the Federal Land Transaction Facilitation Act Reauthorization of 2015.

902.

Federal Land Transaction Facilitation Act

The Federal Land Transaction Facilitation Act is amended—

(1)

in section 203(1) (43 U.S.C. 2302(1)), by striking cultural, or and inserting cultural, recreational access and use, or other;

(2)

in section 203(2) in the matter preceding subparagraph (A), by striking on the date of enactment of this Act was and inserting is;

(3)

in section 205 (43 U.S.C. 2304)—

(A)

in subsection (a), by striking section 206 and all that follows through the period and inserting the following: “section 206—

(1)

to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712);

(2)

not later than 180 days after the date of the enactment of the Federal Land Transaction Facilitation Act Reauthorization of 2015, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and

(3)

to maintain the database referred to in paragraph (2).

; and

(B)

in subsection (d), by striking 11 and inserting 22;

(4)

by amending section 206(c)(1) (43 U.S.C. 2305(c)(1)) to read as follows:

(1)

Use of Funds

(A)

In general

Funds in the Federal Land Disposal Account shall be expended in accordance with this subsection.

(B)

Purposes

Except as authorized under paragraph (2), funds in the Federal Land Disposal Account shall be used for one or more of the following purposes:

(i)

To purchase lands or interests therein that are otherwise authorized by law to be acquired and are one or more of the following:

(I)

Inholdings.

(II)

Adjacent to federally designated areas and contain exceptional resources.

(III)

Provide opportunities for hunting, recreational fishing, recreational shooting, and other recreational activities.

(IV)

Likely to aid in the performance of deferred maintenance or the reduction of operation and maintenance costs or other deferred costs.

(ii)

To perform deferred maintenance or other maintenance activities that enhance opportunities for recreational access.

;

(5)

in section 206(c)(2) (43 U.S.C. 2305(c)(2))—

(A)

by striking subparagraph (A);

(B)

by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively;

(C)

in subparagraph (C) (as so redesignated by this paragraph)—

(i)

by striking purchases and inserting land purchases and performance of deferred maintenance activities;

(ii)

by striking subparagraph (C) and inserting subparagraph (B); and

(iii)

by inserting for the activities outlined in paragraph (2) after generated; and

(D)

by adding at the end the following:

(D)

Any funds made available under subparagraph (C) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State.

;

(6)

in section 206(c)(3) (43 U.S.C. 2305(c)(3))—

(A)

by inserting after subparagraph (A) the following:

(B)

the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities;

; and

(B)

by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D);

(7)

in section 206(f) (43 U.S.C. 2305(f)), by amending paragraph (2) to read as follows:

(2)

any remaining balance in the account shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).

; and

(8)

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).

.

X

African Elephant Conservation and Legal Ivory Possession Act

1001.

Short title

This title may be cited as the African Elephant Conservation and Legal Ivory Possession Act of 2015.

1002.

References

Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the African Elephant Conservation Act (16 U.S.C. 4201 et seq.).

1003.

Limited exemption for certain African elephant ivory

Section 2203 (16 U.S.C. 4223) is amended—

(1)

by inserting (a) In general.— before the first sentence;

(2)

by inserting and subsection (b) of this section after 2202(e); and

(3)

by adding at the end the following:

(b)

Exemption

Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit importation or exportation, or to require permission of the Secretary for importation or exportation, of—

(1)

any raw ivory or worked ivory—

(A)

imported solely for purposes of becoming part of a museum’s permanent collection, return to a lending museum, or display in a museum; or

(B)

exported solely for purposes of—

(i)

display in a foreign museum; or

(ii)

return to a foreign person who lent such ivory to a museum in the United States;

(2)

any raw ivory or worked ivory that was lawfully importable into the United States on February 24, 2014, regardless of when acquired; or

(3)

any worked ivory that was previously lawfully possessed in the United States.

.

1004.

Placement of United States Fish and Wildlife Service law enforcement officer in each African elephant range country

Part I (16 U.S.C. 4211 et seq.) is amended by adding at the end the following:

2105.

Placement of United States Fish and Wildlife Service law enforcement officer in each African elephant range country

The Secretary, in coordination with the Secretary of State, may station one United States Fish and Wildlife Service law enforcement officer in the primary United States diplomatic or consular post in each African country that has a significant population of African elephants, who shall assist local wildlife rangers in the protection of African elephants and facilitate the apprehension of individuals who illegally kill, or assist the illegal killing of, African elephants.

.

1005.

Certification for the purposes of the Fishermen’s Protective Act of 1967

Section 2202 (16 U.S.C. 4222) is amended by adding at the end the following:

(g)

Certification

When the Secretary of the Interior finds that a country, directly or indirectly, is a significant transit or destination point for illegal ivory trade, the Secretary shall certify such fact to the President with respect to the country for the purposes of section 8(a) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978(a)).

.

1006.

Treatment of elephant ivory

Section 2203 (16 U.S.C. 4223) is further amended by adding at the end the following:

(c)

Treatment of elephant ivory

Nothing in this Act or the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed—

(1)

to prohibit, or to authorize prohibiting, the possession, sale, delivery, receipt, shipment, or transportation of African elephant ivory, or any product containing African elephant ivory, that has been lawfully imported or crafted in the United States; or

(2)

to authorize using any means of determining for purposes of this Act or the Endangered Species Act of 1973 whether African elephant ivory has been lawfully imported, including any presumption or burden of proof applied in such determination, other than such means used by the Secretary as of February 24, 2014.

.

1007.

Sport-hunted elephant trophies

Section 2203 (16 U.S.C. 4223) is further amended by adding at the end the following:

(d)

Sport-Hunted elephant trophies

Nothing in this Act or subsection (a) or (d) of section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) shall be construed to prohibit any citizen or legal resident of the United States, or an agent of such an individual, from importing a sport-hunted African elephant trophy under section 2202(e) of this Act, if the country in which the elephant was taken had an elephant population on Appendix II of CITES at the time the trophy elephant was taken.

(e)

Relationship to the Convention

Nothing in this section shall be construed as modifying or repealing the Secretary’s duties to implement CITES and the appendices thereto, or as modifying or repealing section 8A or 9(c) of the Endangered Species Act of 1973 (16 U.S.C. 1537a and 1538(c)).

.

1008.

African Elephant Conservation Act financial assistance priority and reauthorization

(a)

Financial assistance priority

Section 2101 (16 U.S.C. 4211) is amended by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and by inserting after subsection (d) the following:

(e)

Priority

In providing financial assistance under this section, the Secretary shall give priority to projects designed to facilitate the acquisition of equipment and training of wildlife officials in ivory producing countries to be used in anti-poaching efforts.

.

(b)

Reauthorization

Section 2306(a) (16 U.S.C. 4245(a)) is amended by striking 2007 through 2012 and inserting 2016 through 2020.

XI

Respect for Treaties and Rights

1101.

Respect for Treaties and Rights

Nothing in this Act or the amendments made by this Act shall be construed to affect or modify any treaty or other right of any federally recognized Indian tribe.

XII

Interest on Obligations Held in the Wildlife Restoration Fund

1201.

Interest on obligations held in the wildlife restoration fund

Section 3(b)(2)(C) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b(b)(2)(C)) is amended by striking 2016 and inserting 2026.

XIII

Permits for Film Crews of Five People or Less

1301.

Annual permit and fee for film crews of 5 persons or fewer

(a)

Purpose

The purpose of this section is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal land and waterways.

(b)

National park system land

Section 100905 of title 54, United States Code, is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking The Secretary and inserting Except as provided in paragraph (3), the Secretary; and

(B)

by adding at the end the following:

(3)

Special rules for film crews of 5 persons or fewer

(A)

Definition of film crew

In this paragraph, the term film crew means any persons present on Federal land or waterways under the jurisdiction of the Secretary who are associated with the production of a film.

(B)

Required permit and fee

For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal land and waterways administered by the Secretary.

(C)

Commercial filming activities

A permit issued under subparagraph (B) shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit.

(D)

No additional fees

For persons holding a permit issued under this paragraph, during the effective period of the permit, the Secretary shall not assess any fees in addition to the fee assessed under subparagraph (B).

(E)

Use of cameras

The Secretary shall not prohibit, as a mechanized apparatus or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal land and waterways administered by the Secretary.

(F)

Notification required

A film crew of 5 persons or fewer subject to a permit issued under this paragraph shall notify the applicable land management agency with jurisdiction over the Federal land at least 48 hours before entering the Federal land.

(G)

Denial of access

The head of the applicable land management agency may deny access to a film crew under this paragraph if—

(i)

there is a likelihood of resource damage that cannot be mitigated;

(ii)

there would be an unreasonable disruption of the use and enjoyment of the site by the public;

(iii)

the activity poses health or safety risks to the public; or

(iv)

the filming includes the use of models or props that are not part of the natural or cultural resources or administrative facilities of the Federal land.

; and

(2)

in the first sentence of subsection (b), by striking collect any costs and inserting recover any costs.

(c)

Other federal land

Section 1 of Public Law 106–206 (16 U.S.C. 460l–6d) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking The Secretary and inserting Except as provided in paragraph (3), the Secretary; and

(B)

by adding at the end the following:

(3)

Special rules for film crews of 5 persons or fewer

(A)

Definition of film crew

In this paragraph, the term film crew means any persons present on Federal land or waterways under the jurisdiction of the Secretary who are associated with the production of a film.

(B)

Required permit and fee

For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal land and waterways administered by the Secretary.

(C)

Commercial filming activities

A permit issued under subparagraph (B) shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal land and waterways administered by the Secretary for a 1-year period beginning on the date of issuance of the permit.

(D)

No additional fees

For persons holding a permit issued under this paragraph, during the effective period of the permit, the Secretary shall not assess any fees in addition to the fee assessed under subparagraph (B).

(E)

Use of cameras

The Secretary shall not prohibit, as a mechanized apparatus or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal land and waterways administered by the Secretary.

(F)

Notification required

A film crew of 5 persons or fewer subject to a permit issued under this paragraph shall notify the applicable land management agency with jurisdiction over the Federal land at least 48 hours before entering the Federal land.

(G)

Denial of access

The head of the applicable land management agency may deny access to a film crew under this paragraph if—

(i)

there is a likelihood of resource damage that cannot be mitigated;

(ii)

there would be an unreasonable disruption of the use and enjoyment of the site by the public;

(iii)

the activity poses health or safety risks to the public; or

(iv)

the filming includes the use of models or props that are not part of the natural or cultural resources or administrative facilities of the Federal land.

; and

(2)

in the first sentence of subsection (b)—

(A)

by striking collect any costs and inserting recover any costs; and

(B)

by striking similar project and inserting similar projects.

XIV

State Approval of Fishing Restriction

1401.

State or Territorial Approval of Restriction of Recreational or Commercial Fishing Access to Certain State or Territorial Waters

(a)

Approval required

The Secretary of the Interior and the Secretary of Commerce shall not restrict recreational or commercial fishing access to any State or territorial marine waters or Great Lakes waters within the jurisdiction of the National Park Service or the Office of National Marine Sanctuaries, respectively, unless those restrictions are developed in coordination with, and approved by, the fish and wildlife management agency of the State or territory that has fisheries management authority over those waters.

(b)

Definition

In this section, the term marine waters includes coastal waters and estuaries.

XV

Hunting and Recreational Fishing Within Certain National Forests

1501.

Definitions

In this title:

(1)

Hunting

The term hunting means use of a firearm, bow, or other authorized means in the lawful pursuit, shooting, capture, collection, trapping, or killing of wildlife; attempt to pursue, shoot, capture, collect, trap, or kill wildlife; or the training and use of hunting dogs, including field trials.

(2)

Recreational fishing

The term recreational fishing means the lawful pursuit, capture, collection, or killing of fish; or attempt to capture, collect, or kill fish.

(3)

Forest plan

The term forest plan means a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

(4)

National forest system

The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))

1502.

Hunting and recreational fishing within the national forest system

(a)

Prohibition of restrictions

The Secretary of Agriculture or Chief of the Forest Service may not establish policies, directives, or regulations that restrict the type, season, or method of hunting or recreational fishing on lands within the National Forest System that are otherwise open to those activities and are consistent with the applicable forest plan.

(b)

Prior restrictions void

Any restrictions imposed by the Secretary of Agriculture or Chief of the Forest Service regarding the type, season, or method of hunting or recreational fishing on lands within the National Forest System that are otherwise open to those activities in force on the date of the enactment of this Act shall be void and have no force or effect.

(c)

Applicability

This section shall apply only to the Kisatchie National Forest in the State of Louisiana, the De Soto National Forest in the State of Mississippi, and the Ozark National Forest, the St. Francis National Forest and the Ouachita National Forest in the States of Arkansas and Oklahoma.

(d)

State authority

Nothing in this section, section 1 of the Act of June 4, 1897 (16 U.S.C. 551), or section 32 of the Act of July 22, 1937 (7 U.S.C. 1011) shall affect the authority of States to manage hunting or recreational fishing on lands within the National Forest System.

XVI

Grand Canyon Bison Management Act

1601.

Short title

This title may be cited as the Grand Canyon Bison Management Act.

1602.

Definitions

In this title:

(1)

Management plan

The term management plan means the management plan published under section 1603(a).

(2)

Park

The term Park means the Grand Canyon National Park.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(4)

Skilled public volunteer

The term skilled public volunteer means an individual who possesses—

(A)

a valid hunting license issued by the State of Arizona; and

(B)

such other qualifications as the Secretary may require, after consultation with the Arizona Game and Fish Commission.

1603.

Bison management plan for Grand Canyon National Park

(a)

Publication of plan

Not later than 180 days after the date of enactment of this Act, the Secretary shall publish a management plan to reduce, through humane lethal culling by skilled public volunteers and by other nonlethal means, the population of bison in the Park that the Secretary determines are detrimental to the use of the Park.

(b)

Removal of Animal

Notwithstanding any other provision of law, a skilled public volunteer may remove a full bison harvested from the Park.

(c)

Coordination

The Secretary shall coordinate with the Arizona Game and Fish Commission regarding the development and implementation of the management plan.

(d)

NEPA Compliance

In developing the management plan, the Secretary shall comply with all applicable Federal environmental laws (including regulations), including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(e)

Limitation

Nothing in this title applies to the taking of wildlife in the Park for any purpose other than the implementation of the management plan.

December 10, 2015

Reported from the Committee on Natural Resources with an amendment

December 10, 2015

The Committees on Agriculture, Energy and Commerce, Transportation and Infrastructure, and the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed