Union Calendar No. 224
115th CONGRESS 1st Session |
[Report No. 115–314, Part I]
To provide for the preservation of sportsmen’s heritage and enhance recreation opportunities on Federal land, and for other purposes.
September 1, 2017
Mr. Duncan of South Carolina (for himself, Mr. Austin Scott of Georgia, and Mr. Wittman) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, the Judiciary, Energy and Commerce, Transportation and Infrastructure, and Ways and Means, 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
September 18, 2017
Additional sponsors: Mr. Carter of Texas, Mr. Gene Green of Texas, and Mr. Sessions
September 18, 2017
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
September 18, 2017
The Committees on Agriculture, the Judiciary, Energy and Commerce, Transportation and Infrastructure, and Ways and Means 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 September 1, 2017]
To provide for the preservation of sportsmen’s heritage and enhance recreation opportunities on Federal land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Sportsmen’s Heritage And Recreational Enhancement Act” or the “SHARE Act”.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 101. Short title.
Sec. 102. Modification of definition.
Sec. 103. Limitation on authority to regulate ammunition and fishing tackle.
Sec. 201. Short title.
Sec. 202. Definition of public target range.
Sec. 203. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 204. Limits on liability.
Sec. 205. Sense of Congress regarding cooperation.
Sec. 301. Short title.
Sec. 302. Protecting Americans from violent crime.
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Recreational fishing, hunting, and shooting.
Sec. 404. Volunteer hunters; reports; closures and restrictions.
Sec. 405. Withdrawal of existing rule regarding hunting and trapping in Alaska.
Sec. 501. Short title.
Sec. 502. Baiting of migratory game birds.
Sec. 601. Short title.
Sec. 602. Bowhunting opportunity and wildlife stewardship.
Sec. 701. Respect for treaties and rights.
Sec. 801. State or territorial approval of restriction of recreational or commercial fishing access to certain State or territorial waters.
Sec. 901. Short title.
Sec. 902. Modification of equal access to justice provisions.
Sec. 1001. Short title.
Sec. 1002. Expedited access to certain Federal land.
Sec. 1101. Interstate transportation of firearms or ammunition.
Sec. 1201. Short title.
Sec. 1202. Permits for importation of polar bear trophies taken in sport hunts in Canada.
Sec. 1301. Short title.
Sec. 1302. Authorization of appropriations.
Sec. 1303. Limitation on expenditures for purchase of land.
Sec. 1304. Enhanced report on expenditures.
Sec. 1401. Reissuance of final rules relating to gray wolves in the Western Great Lakes and the State of Wyoming.
Sec. 1501. Short title.
Sec. 1502. Equal treatment of silencers and firearms.
Sec. 1503. Treatment of certain silencers.
Sec. 1504. Preemption of certain State laws in relation to firearm silencers.
Sec. 1505. Destruction of records.
Sec. 1506. Amendments to title 18, United States Code.
Sec. 1507. Imposition of tax on firearm silencers or firearm mufflers.
Sec. 1601. Short title.
Sec. 1602. Elimination of authority to reclassify popular rifle ammunition as “armor piercing ammunition”.
Sec. 1603. Elimination of restrictions on importation of non-National Firearms Act firearm or ammunition that may otherwise be lawfully possessed and sold in the United States.
Sec. 1604. Protection of shotguns, shotgun shells, and large caliber rifles from arbitrary classification as “destructive devices”.
Sec. 1605. Broadening of the temporary interstate transfer provision to allow temporary transfers for all lawful purposes rather than just for “sporting purposes”.
Sec. 1701. Short title.
Sec. 1702. Federal Land Transaction Facilitation Act.
Sec. 1801. Annual permit and fee for film crews of 5 persons or fewer.
Sec. 1901. Authority of the States.
Sec. 1902. Federal licenses.
Sec. 1903. Cooperation with State Fish and Wildlife Agencies on Management Plans.
Sec. 2001. Short title.
Sec. 2002. Definitions.
Sec. 2003. Bison management plan for Grand Canyon National Park.
Sec. 2101. Short title; definitions.
Sec. 2102. Special recreation permit and fee.
Sec. 2103. Permit across multiple jurisdictions.
Sec. 2104. Guidelines and permit fee calculation.
Sec. 2105. Use of permit fees for permit administration.
Sec. 2106. Adjustment to permit use reviews.
Sec. 2107. Authorization of temporary permits for new uses for the Forest Service and BLM.
Sec. 2108. Indemnification requirements.
Sec. 2109. Streamlining of permitting process.
Sec. 2110. Cost recovery reform.
Sec. 2111. Extension of forest service recreation priority use permits.
Sec. 2201. Definitions.
Sec. 2202. Hunting and recreational fishing within the National Forest System.
Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)) is amended—
(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.”.
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 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.
This title may be cited as the “Target Practice and Marksmanship Training Support Act”.
In this title, the term “public target range” means a specific location that—
(a) Definitions.—Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—
(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—
(2) in paragraph (1) (as so designated), by striking “construction, operation,” and inserting “operation”;
(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.
“(3) IN-KIND MATCH.—For the purposes of cost sharing, any institution (as defined by 7 U.S.C. 7601) that is eligible to receive amounts under this section shall be allowed to use the present value of their land as an in-kind match to satisfy cost sharing requirements regardless of any restrictions in law that would otherwise prohibit the use of the land for such purpose.”; and
(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
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.
The Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including a firearm that is assembled, loaded, and functional, 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—
This title may be cited as the “Recreational Fishing and Hunting Heritage and Opportunities Act”.
In this title:
(1) FEDERAL PUBLIC LAND.—The term “Federal public land” means any land or water that is owned and managed by the Bureau of Land Management or the Forest Service.
(2) FEDERAL PUBLIC LAND MANAGEMENT OFFICIALS.—The term “Federal public land management officials” means—
(3) hUNTING.—
(a) In general.—Subject to valid existing rights and subsection (g), and cooperation with the respective State fish and wildlife agency, Federal public land management officials shall exercise authority under existing law, including provisions regarding land use planning, to facilitate use of and access to Federal public 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 recreational fishing, hunting, and shooting, except as limited by—
(1) statutory authority that authorizes action or withholding action for reasons of national security, public safety, or resource conservation;
(b) Management.—Consistent with subsection (a), the head of each Federal public land management agency shall exercise its land management discretion—
(c) Planning.—
(1) EVALUATION OF EFFECTS ON OPPORTUNITIES TO ENGAGE IN RECREATIONAL FISHING, HUNTING, OR SHOOTING.—Federal public land planning documents, including land resources management plans, resource management plans, and comprehensive conservation plans, shall include a specific evaluation of the effects of such plans on opportunities to engage in recreational fishing, hunting, or shooting.
(2) 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 public lands or lands managed by the United States Fish and Wildlife Service, shall be considered under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 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 with respect to such an action.
(3) OTHER ACTIVITY NOT CONSIDERED.—Federal public land management officials are not required to consider the existence or availability of recreational fishing, hunting, or shooting opportunities on adjacent or nearby public or private lands in the planning for or determination of which Federal public lands are open for these activities or in the setting of levels of use for these activities on Federal public lands, unless the combination or coordination of such opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public.
(d) Federal public lands.—
(1) LANDS OPEN.—Notwithstanding any other law, lands under the jurisdiction of the Bureau of Land Management or 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 recreational fishing, hunting, and shooting unless the managing Federal agency acts to close lands to such activity. Lands may be made subject to closure to or restriction on recreational fishing, hunting, or shooting if determined by the head of the agency concerned 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.
(e) Necessity in wilderness areas and “within and supplemental to” wilderness purposes.—
(1) MINIMUM REQUIREMENTS FOR ADMINISTRATION.—The provision of opportunities for recreational fishing, hunting, and 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, the head of each Federal agency 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 use within designated wilderness areas.
(f) Report.—Beginning on the second October 1 after the date of the enactment of this Act and biennially on October 1 thereafter, the head of each Federal agency who has authority to manage Federal public land on which recreational fishing, hunting, or shooting occurs 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—
(g) Closures or significant restrictions of 640 or more acres.—
(1) IN GENERAL.—Other than closures established or prescribed by land planning actions referred to in subsection (d) or emergency closures described in paragraph (3) of this subsection, a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land that effectively closes or significantly restricts 640 or more contiguous acres of Federal public land to access or use for recreational fishing or hunting or activities related to recreational fishing or hunting, or both, shall take effect only if, before the date of withdrawal or change, the head of the Federal agency that has jurisdiction over the Federal public land—
(2) AGGREGATE OR CUMULATIVE EFFECTS.—If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts 1,280 or more acres of land or water, such withdrawals and changes shall be treated as a single withdrawal or change for purposes of paragraph (1).
(3) EMERGENCY CLOSURES.—Nothing in this title prohibits a Federal land management agency 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 title.
(h) National park service units not affected.—Nothing in this title shall affect or modify management or use of units of the National Park System.
(i) No priority.—Nothing in this title requires a Federal land management agency to give preference to recreational fishing, hunting, or shooting over other uses of Federal public land or over land or water management priorities established by Federal law.
(j) Consultation with councils.—In fulfilling the duties set forth in this Act, the heads of Federal agencies shall consult with respective advisory councils as established in Executive Order Nos. 12962 and 13443.
(k) Authority of the States.—
(1) IN GENERAL.—Nothing in this title 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 public land.
(2) FEDERAL LICENSES.—Nothing in this title shall be construed to authorize the head of a Federal agency to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the States, except that this paragraph 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.).
(a) Definitions.—For the purposes of this section:
(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 United States Fish and Wildlife Service, with regard to United States Fish and Wildlife Service lands and waters;
(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—
(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—
(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.
Not later than 30 days after the date of the enactment of this Act, the Secretary of the Interior shall withdraw the final rule entitled “Alaska; Hunting and Trapping in National Preserves” and published in the Federal Register on October 23, 2015 (80 Fed. Reg. 64325), and shall not issue a rule that is substantially similar to that rule.
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.—
“(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—
“(D) NORMAL AGRICULTURAL PRACTICE.—
“(i) IN GENERAL.—The term ‘normal agricultural practice’ means any practice in one annual growing season that—
“(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.).
(a) In general.—Subchapter II of chapter 1015 of title 54, United States Code, is amended by adding at the end the following:
Ҥ 101513. Hunter access corridors
“(a) Definitions.—In this section:
“(1) NOT READY FOR IMMEDIATE USE.—The term ‘not ready for immediate use’ means—
“(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—
“(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
“(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—
“(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.
“(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. Such closures shall be clearly marked with signs and dates of closures, and shall not include gates, chains, walls, or other barriers on the hunter access corridor.
“(5) IDENTIFICATION OF CORRIDORS.—The Director shall—
“(d) Effect.—Nothing in this section—
“(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.).
(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.
(a) Agency proceedings.—Section 504 of title 5, United States Code, is amended—
(4) by inserting after subsection (d) the following:
“(e) The Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing the following information with respect to each award of fees and other expenses under this section:
(b) Court cases.—Section 2412(d) of title 28, United States Code, is amended by adding at the end the following:
“(5) The Chairman of the Administrative Conference shall create and maintain online a searchable database containing the following information with respect to each award of fees and other expenses under this section:
“(6) The online searchable database described in paragraph (5) may not reveal any information the disclosure of which is prohibited by law or court order.
“(7) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States, no later than 60 days following the Chairman’s request, all information requested by the Chairman to comply with the requirements of paragraphs (5) and (6).”.
(d) Effective date.—
(1) IN GENERAL.—The amendments made by subsections (a) and (b) shall first apply with respect to awards of fees and other expenses that are made on or after the date of the enactment of this Act.
(2) ONLINE DATABASES.—The online databases required by section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, shall be established as soon as practicable after the date of the enactment of this Act, but in no case later than 1 year after the date of the enactment of this Act.
(a) Definitions.—In this section:
(1) ELIGIBLE.—The term “eligible”, with respect to an organization or individual, means that the organization or individual, respectively, is—
(b) Process.—
(1) IN GENERAL.—Each Secretary shall develop and implement a process to expedite access to Federal land under the administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land to conduct good Samaritan search-and-recovery missions.
(2) INCLUSIONS.—The process developed and implemented under this subsection shall include provisions to clarify that—
(B) an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under section 102301(c) of title 54, United States Code;
(C) chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), shall not apply to an eligible organization or individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and
(D) chapter 81 of title 5, United States Code (commonly known as the “Federal Employees’ Compensation Act”), shall not apply to an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section, and the conduct of the good Samaritan search-and-recovery mission shall not constitute civilian employment.
(c) Release of Federal Government from liability.—The Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual—
(d) Approval and denial of requests.—
(1) IN GENERAL.—The Secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section by not later than 48 hours after the request is made.
(e) Partnerships.—Each Secretary shall develop search-and-recovery-focused partnerships with search-and-recovery organizations—
(a) In general.—Section 926A of title 18, United States Code, is amended to read as follows:
Ҥ 926A. Interstate transportation of firearms or ammunition
“(a) Notwithstanding any provision of any law, rule, or regulation of a State or any political subdivision thereof:
“(1) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation, the firearm is unloaded, and—
“(2) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation, the ammunition is not loaded into a firearm, and—
“(b) In subsection (a), the term ‘transport’ includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport.
“(c) (1) A person who is transporting a firearm or ammunition may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms, unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection (a).
“(d) (1) A person who is deprived of any right, privilege, or immunity secured by this section, section 926B or 926C, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief.
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”..”.
This title may be cited as the “North American Wetlands Conservation Extension Act”.
Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended by striking “not to exceed—” and all that follows through paragraph (5) and inserting “not to exceed $50,000,000 for each of fiscal years 2018 through 2022.”.
(a) Limitation.—Section 6 of the North American Wetlands Conservation Act (16 U.S.C. 4405) is amended by adding at the end the following:
Section 10(2) of the North American Wetlands Conservation Act (16 U.S.C. 4409(2)) is amended to read as follows:
(a) In general.—Notwithstanding any other provision of law, not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall reissue—
(a) In general.—Section 5845(a) of the Internal Revenue Code of 1986 is amended by striking “(7) any silencer” and all that follows through “; and (8)” and inserting “and (7)”.
Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following:
“(f) Firearm silencers.—A person acquiring or possessing a firearm silencer in accordance with chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act with respect to such silencer.”.
Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that imposes a tax, other than a generally applicable sales or use tax, on making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, or imposes a marking, recordkeeping or registration requirement with respect to such a firearm silencer, shall have no force or effect.”.
Not later than 365 days after the date of the enactment of this Act, the Attorney General shall destroy any registration of a silencer maintained in the National Firearms Registration and Transfer Record pursuant to section 5841 of the Internal Revenue Code of 1986, any application to transfer filed under section 5812 of the Internal Revenue Code of 1986 that identifies the transferee of a silencer, and any application to make filed under section 5822 of the Internal Revenue Code of 1986 that identifies the maker of a silencer.
Title 18, United States Code, is amended—
(1) in section 921(a), by striking paragraph (24) and inserting the following:
“(24) (A) The terms ‘firearm silencer’ and ‘firearm muffler’ mean any device for silencing, muffling, or diminishing the report of a portable firearm, including the ‘keystone part’ of such a device.
“(B) The term ‘keystone part’ means, with respect to a firearm silencer or firearm muffler, an externally visible part of a firearm silencer or firearm muffler, without which a device capable of silencing, muffling, or diminishing the report of a portable firearm cannot be assembled, but the term does not include any interchangeable parts designed to mount a firearm silencer or firearm muffler to a portable firearm.”;
(2) in section 922(b)—
(3) in section 923(i)—
(B) by adding at the end the following:
“(2) In the case of a firearm silencer or firearm muffler, licensed importers and licensed manufacturers shall identify by means of a serial number engraved or cast on the keystone part of the firearm silencer or firearm muffler, in such manner as the Attorney General shall by regulations prescribe, each firearm silencer or firearm muffler imported or manufactured by such importer or manufacturer, except that, if a firearm silencer or firearm muffler does not have a clearly identifiable keystone part or has multiple keystone parts, licensed importers or licensed manufacturers shall submit a request for a marking variance to the Attorney General. The Attorney General shall grant such a request except on showing good cause that marking the firearm silencer or firearm muffler as requested would not further the purposes of this chapter.”.
(a) In general.—Section 4181 of the Internal Revenue Code of 1986 is amended by adding at the end of the list relating to “Articles taxable at 10 percent” the following:
(b) Firearm silencers; firearm mufflers.—Section 4181 of such Code is amended by adding at the end the following:
“For purposes of this part, the terms ‘firearm silencer’ and ‘firearm muffler’ mean any device for silencing, muffling, or diminishing the report of a portable firearm.”.
(c) Conforming amendments.—
(1) Section 4181 of such Code is amended by striking “other than pistols and revolvers” and inserting “other than articles taxable at 10 percent under this section”.
Section 921(a)(17) of title 18, United States Code, is amended—
(1) in subparagraph (B)(i), by striking “may be used” and inserting “is designed and intended by the manufacturer or importer for use”;
(3) in subparagraph (C), by striking “the Attorney General finds is primarily intended to be used for sporting purposes” and inserting “is primarily intended by the manufacturer or importer to be used in a rifle or shotgun, a handgun projectile that is designed and intended by the manufacturer or importer to be used for hunting, recreational, or competitive shooting”.
(a) Elimination of prohibitions.—Section 922 of title 18, United States Code, is amended—
(1) in subsection (a), by striking paragraph (7) and inserting the following:
(b) Broadening of exceptions.—Section 925 of such title is amended—
(1) in subsection (a)(3), by striking “determined” and all that follows through the end and inserting “intended for the lawful personal use of such member or club.”;
(2) in subsection (a)(4), by striking “(A)” and all that follows through “for the” and inserting “intended for the lawful”; and
(3) by striking subsections (d) through (f) and inserting the following:
“(d) (1) Within 30 days after the Attorney General receives an application therefor, the Attorney General shall authorize a firearm or ammunition to be imported or brought into the United States or any possession thereof if—
“(A) the firearm or ammunition is being imported or brought in for scientific, research, testing, or experimentation purposes;
“(B) the firearm is an unserviceable firearm (other than a machine gun as defined in section 5845(b) of the Internal Revenue Code of 1986 that is readily restorable to firing condition) imported or brought in as a curio or museum piece;
“(C) the firearm is not a firearm as defined in section 5845(a) of the Internal Revenue Code of 1986;
“(D) the ammunition is not armor piercing ammunition (as defined in section 921(a)(17)(B) of this title), unless subparagraph (A), (E), (F), or (G) applies;
“(E) the firearm or ammunition is being imported or brought in for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
“(G) the firearm or ammunition was previously taken out of the United States or a possession thereof by the person who is bringing in the firearm or ammunition; or
“(H) the firearm is a firearm defined as curio or relic by the Attorney General under section 921(a)(13) of this title.
“(2) Within 30 days after the Attorney General receives an application therefor, the Attorney General shall permit the conditional importation or bringing in of a firearm or ammunition for examination and testing in connection with the making of a determination as to whether the importation or bringing in of the firearm or ammunition will be allowed under this subsection.
(a) Amendments to the National Firearms Act.—Section 5845(f) of the Internal Revenue Code of 1986 is amended—
This title may be cited as the “Federal Land Transaction Facilitation Act Reauthorization”.
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 at the end 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, 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
(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, subject to appropriation, 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:
(5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))—
(B) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively;
(6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))—
(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))—
(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).”.
Section 100905 of title 54, United States Code, is amended as follows:
(1) In subsection (a)—
(A) in paragraph (1), by striking “provide a fair return to the United States” and inserting “be sufficient to cover the cost of a film permit and other administrative and personnel costs”; and
(B) by adding at the end the following:
“(3) FILM CREW OF 5 PERSONS OR FEWER.—For a commercial film crew of 5 persons or fewer for commercial filming activities or similar projects on Federal land and waters administered by the Secretary the Secretary shall—
(2) By striking subsection (b) and redesignating subsections (c), (d), (e), and (f) as subsections (b), (c), (d), and (e), respectively.
(5) By adding at the end the following:
“(f) Exemption From Commercial Filming or Still Photography Permits and Fees.—The Secretary shall not require persons holding commercial use authorizations or special recreation permits to obtain an additional permit or pay an additional fee for commercial filming or still photography under this section if—
“(1) the filming or still photography conducted is incidental to the permitted activity that is the subject of the commercial use authorization or special recreation permit; and
“(2) the holder of the commercial use authorization or special recreation permit is an individual or small business concern (within the meaning of section 3 of the Small Business Act (15 U.S.C. 632)).
“(g) News Gathering Activities.—For the purposes of this section, a news gathering shall not be considered a commercial activity.
“(h) Definitions.—For the purposes of this section—
“(1) the term ‘commercial film crew’ means any persons present on Federal land or water under the jurisdiction of the Secretary who are associated with the production of a film;
Nothing in this Act 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 on land or water within the State, including on Federal land administered by the Bureau of Land Management or the Forest Service.
Nothing in this Act, shall be construed to authorize the head of a Federal agency 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 State, except that this paragraph 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.).
(a) Use of State fish and wildlife data and analyses.—The Secretary of the Interior and the Secretary of Agriculture shall prioritize coordination, consultation, and cooperation with the appropriate State fish and wildlife agencies and local governments to recognize and fully utilize State and local government fish and wildlife data and analyses, unless it is determined by the State or local government that such data is proprietary or protected from disclosure under State law, as a primary source to inform—
(1) land and resource management plans for units of the National Forest System developed under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604);
(2) land use plans developed under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712);
(3) comprehensive conservation plans developed under section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd);
In this title:
(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 section 4 of the Act of March 2, 1929 (16 U.S.C. 198c) or any other provision of law, a skilled public volunteer may remove from the Park a full bison harvested in accordance with the management plan.
(c) Coordination.—The Secretary shall coordinate with and obtain written approval from the Arizona Game and Fish Commission regarding the development and finalization of the management plan and any amendments to 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.).
Subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) is amended to read as follows:
“(h) Special recreation permit and fee.—
“(2) SPECIAL RECREATION PERMITS.—The Secretary may issue special recreation permits in the following circumstances:
“(A) For specialized individual and group use of Federal facilities and Federal recreational lands and waters, such as, but not limited to, use of special areas or areas where use is allocated, motorized recreational vehicle use, and group activities or events.
“(3) REDUCTION IN FEDERAL COSTS AND DUPLICATION OF ANALYSIS.—
“(A) IN GENERAL.—The issuance of a new special recreation permit for activities under paragraph (2) shall be categorically excluded from further analysis and documentation under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the proposed use is the same as or similar to a previously authorized use and the Secretary determines that such issuance does not have significant environmental effects based upon application of the extraordinary circumstances procedures established by the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(4) RELATION TO FEES FOR USE OF HIGHWAYS OR ROADS.—An entity that pays a special recreation permit fee shall not be subject to a road cost-sharing fee or a fee for the use of highways or roads that are open to private, noncommercial use within the boundaries of any Federal recreational lands or waters, as authorized under section 6 of Public Law 88–657 (16 U.S.C. 537).”.
(a) In general.—In the case of an activity requiring permits pursuant to subsection (h) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802) for use of lands managed by both the Forest Service and the Bureau of Land Management—
(1) the Secretaries may issue a joint permit based upon a single application to both agencies when issuance of a joint permit based upon a single application will lower processing and other administration costs for the permittee, provided that the permit applicant shall have the option to apply for separate permits rather than a joint permit; and
(b) Requirements of the lead agency.—The lead agency for a permit under subsection (a) shall—
(1) coordinate with the associated agencies, consistent with the authority of the Secretaries under section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (43 U.S.C. 1703), to develop and issue the single, joint permit that covers the entirety of the trip;
(c) Effect on regulations.—Nothing in this section shall alter, expand, or limit the applicability of any Federal law (including regulations) to lands administered by the relevant Federal agencies.
(a) Guidelines and exclusion of certain revenues.—The Secretary shall—
(2) provide appropriate deductions from gross revenues used as the basis for the fees established under paragraph (1) for—
(b) Fee conditions.—The fee charged by the Secretary for a permit issued under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)) shall not exceed 3 percent of the recreational service provider’s annual gross revenue for activities authorized by the permit on Federal lands, plus applicable revenue additions, minus applicable revenue exclusions or a similar flat per person fee.
(c) Disclosure of fees.—A holder of a special recreation permit may inform its customers of the various fees charged by the Secretary under section 803(h) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)).
(a) Deposits.—Subject to subsection (b), revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(2) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall be held in special accounts established for each specific unit or area for which such revenues are collected, and shall remain available for expenditure, without further appropriation, until expended.
(b) Use of Permit fees.—Revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(2) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(2)) shall be used only—
(3) for related recreation infrastructure and other purposes specifically to support recreation activities at the specific site for which use is authorized under the permit, after obtaining input from any related permittees; provided, however, that the Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not apply to any advisory committee or other group established to carry out this paragraph.
(c) Limitation on use of fees.—The Secretary may not use any permit fees for biological monitoring on Federal recreational lands and waters under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for listed or candidate species.
(a) In general.—In reviewing and adjusting allocations of use for priority use permits for special uses of Federal recreational lands and waters managed by the Forest Service, and in renewing such permits, the Secretary of Agriculture shall allocate to a permit holder a level of use that is no less than the highest amount of actual annual use over the reviewed period plus 25 percent, capped at the amount of use allocated when the permit was issued unless additional capacity is available. The Secretary may assign any use remaining after adjusting allocations on a temporary basis to qualified permit holders.
(b) Waiver.—Use reviews under subsection (a) may be waived for periods in which circumstances that prevented use of assigned capacity, such as weather, fire, natural disasters, wildlife displacement, business interruptions, insufficient availability of hunting and fishing licenses, or when allocations on permits include significant shoulder seasons. The authorizing office may approve non-use without reducing the number of service days assigned to the permit in such circumstances at the request of the permit holder. Approved non-use may be temporarily assigned to other qualified permit holders when conditions warrant.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall establish and implement a program to authorize temporary permits for new recreational uses of Federal recreational lands and waters managed by the Forest Service or the Bureau of Land Management, respectively, and to provide for the conversions of such temporary permits to long-term permits after 2 years of satisfactory operation. The issuance and conversion of such permits shall be subject to subsection (h)(3) of section 803 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802).
(a) Indemnification.—A permit holder that is prohibited by the State from providing indemnification to the Federal Government shall be considered to be in compliance with indemnification requirements of the Department of the Interior and the Department of Agriculture if the permit holder carries the required minimum amount of liability insurance coverage or is self-insured for the same minimum amount.
(a) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall revise part 251, subpart B, of title 36 Code of Federal Regulations, and the Secretary of the Interior shall revise subpart 2932, of title 43, Code of Federal Regulations, to streamline the processes for the issuance and renewal of outfitter and guide special use permits. Such amended regulations shall—
(2) provide for the use of programmatic environmental assessments and categorical exclusions for environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the issuance or renewal of outfitter and guide and similar recreation special use permits when the Secretary determines that such compliance is required, to the maximum extent allowable under applicable law, including, but not limited to, use of a categorical exclusion as provided under section 803(h)(3) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6802(h)(3)).
(a) Regulatory process.—Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall revise section 251.58 of title 36, Code of Federal Regulations, and the Secretary of the Interior shall revise section 2932.31(e) and (f) of title 43, Code of Federal Regulations, to reduce costs and minimize the burden of cost recovery on small businesses and adverse impacts of cost recovery on jobs in the outfitting and guiding industry and on rural economies provided, however, that nothing in the revised regulations shall further limit the Secretary’s authority to issue or renew recreation special use permits.
(b) De minimis exemption.—
(1) COST RECOVERY LIMITATION.—Any regulations issued by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover processing costs for recreation special use applications and monitoring costs for recreation special use authorizations shall include an exemption providing that at least the first 50 hours of work necessary in any one year to process and/or monitor such an application shall not be subject to cost recovery. The application of a 50-hour credit per permit shall also apply to any monitoring fees on a per annum basis during the term of each permit.
(2) APPLICATION OF EXEMPTION.—An exemption under paragraph (1) shall apply to the processing of each recreation special use permit application and monitoring of each recreation special use authorization for which cost recovery is required, including any application or authorization requiring more than 50 hours (or such other greater number of hours specified for exemption) to process or monitor. In the event that the amount of work required to process such an application or monitor such an authorization exceeds the specified exemption, the amount of work for which cost recovery is required shall be reduced by the amount of the exemption.
(3) MULTIPLE APPLICATIONS.—In situations involving multiple recreation special use applications for similar services in the same unit or area that require more than 50 hours (or such other greater number of hours specified for exemption) in the aggregate to process, the Secretary shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest—
(4) COST REDUCTION.—The agency processing a recreation special use application shall utilize existing studies and analysis to the greatest extent practicable in order to reduce the amount of work and cost necessary to process the application.
(5) LIMITATION.—The Secretary of the Interior and the Secretary of Agriculture may not recover as processing costs for recreation special use applications and monitoring costs for recreation special use authorizations any costs for consultations conducted under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) or for biological monitoring on Federal recreational lands and waters under such Act for listed, proposed, or candidate species.
(6) WAIVER OF COST RECOVERY.—The Secretary of the Interior and the Secretary of Agriculture may waive the recovery of costs for processing recreation special use permit applications and renewals, on a categorical or case-by-case basis as appropriate, if the Secretary determines that—
(A) such costs would impose a significant economic burden on any small business or category of small businesses;
Where the holder of a special use permit for outfitting and guiding that authorizes priority use has submitted a request for renewal of such permit in accordance with applicable laws and regulations, the Secretary of Agriculture shall have the authority to grant the holder one or more extensions of the existing permit for additional items not to exceed 5 years in the aggregate, as necessary to allow the Secretary to complete the renewal process and to avoid the interruption of services under such permit. Before granting an extension under this section, the Secretary shall take all reasonable and appropriate steps to complete the renewal process before the expiration of the special use permit.
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))
(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.
(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.
Union Calendar No. 224 | |||||
| |||||
[Report No. 115–314, Part I] | |||||
A BILL | |||||
To provide for the preservation of sportsmen’s heritage and enhance recreation opportunities on
Federal land, and for other purposes. | |||||
September 18, 2017 | |||||
Reported from the Committee on Natural Resources with an amendment | |||||
September 18, 2017 | |||||
The Committees on Agriculture, the Judiciary, Energy and Commerce, Transportation and Infrastructure, and Ways and Means discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
be printed |