[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 733 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 733

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2017

 Ms. Murkowski (for herself, Mr. Heinrich, Mr. Risch, Mr. Manchin, and 
 Ms. Heitkamp) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sportsmen's Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                        TITLE I--NATIONAL POLICY

Sec. 101. Congressional declaration of national policy.
              TITLE II--SPORTSMEN'S ACCESS TO FEDERAL LAND

Sec. 201. Definitions.
Sec. 202. Federal land open to hunting, fishing, and recreational 
                            shooting.
Sec. 203. Closure of Federal land to hunting, fishing, and recreational 
                            shooting.
Sec. 204. Shooting ranges.
Sec. 205. Federal action transparency.
Sec. 206. Identifying opportunities for recreation, hunting, and 
                            fishing on Federal land.
Sec. 207. Amendments to the Federal Land Transaction Facilitation Act.
       TITLE III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND

Sec. 301. Commercial filming.
              TITLE IV--WILDLIFE AND HABITAT CONSERVATION

Sec. 401. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 402. Wildlife and Hunting Heritage Conservation Council Advisory 
                            Committee.
                 TITLE V--BOWS AND WILDLIFE MANAGEMENT

Sec. 501. Bows in parks.
Sec. 502. Wildlife management in parks.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Respect for treaties and rights.
Sec. 602. No priority.
Sec. 603. State authority for fish and wildlife.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior.

                        TITLE I--NATIONAL POLICY

SEC. 101. CONGRESSIONAL DECLARATION OF NATIONAL POLICY.

    (a) In General.--Congress declares that it is the policy of the 
United States that Federal departments and agencies, in accordance with 
the missions of the departments and agencies, Executive Orders 12962 
and 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537 
(August 16, 2007)), and applicable law, shall--
            (1) facilitate the expansion and enhancement of hunting, 
        fishing, and recreational shooting opportunities on Federal 
        land, in consultation with the Wildlife and Hunting Heritage 
        Conservation Council, the Sport Fishing and Boating Partnership 
        Council, State and tribal fish and wildlife agencies, and the 
        public;
            (2) conserve and enhance aquatic systems and the management 
        of game species and the habitat of those species on Federal 
        land, including through hunting and fishing, in a manner that 
        respects--
                    (A) State management authority over wildlife 
                resources; and
                    (B) private property rights; and
            (3) consider hunting, fishing, and recreational shooting 
        opportunities as part of all Federal plans for land, resource, 
        and travel management.
    (b) Exclusion.--In this Act, the term ``fishing'' does not include 
commercial fishing in which fish are harvested, either in whole or in 
part, that are intended to enter commerce through sale.

              TITLE II--SPORTSMEN'S ACCESS TO FEDERAL LAND

SEC. 201. DEFINITIONS.

    In this title:
            (1) Federal land.--The term ``Federal land'' means--
                    (A) any land in the National Forest System (as 
                defined in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a))) that is administered by the Secretary of 
                Agriculture, acting through the Chief of the Forest 
                Service; and
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)), the surface of which is administered by 
                the Secretary, acting through the Director of the 
                Bureau of Land Management.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                land described in paragraph (1)(A); and
                    (B) the Secretary, with respect to land described 
                in paragraph (1)(B).

SEC. 202. FEDERAL LAND OPEN TO HUNTING, FISHING, AND RECREATIONAL 
              SHOOTING.

    (a) In General.--Subject to subsection (b), Federal land shall be 
open to hunting, fishing, and recreational shooting, in accordance with 
applicable law, unless the Secretary concerned closes an area in 
accordance with section 203.
    (b) Effect of Part.--Nothing in this title opens to hunting, 
fishing, or recreational shooting any land that is not open to those 
activities as of the date of enactment of this Act.

SEC. 203. CLOSURE OF FEDERAL LAND TO HUNTING, FISHING, AND RECREATIONAL 
              SHOOTING.

    (a) Authorization.--
            (1) In general.--Subject to paragraph (2) and in accordance 
        with section 302(b) of the Federal Land Policy and Management 
        Act of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may 
        designate any area on Federal land in which, and establish any 
        period during which, for reasons of public safety, 
        administration, or compliance with applicable laws, no hunting, 
        fishing, or recreational shooting shall be permitted.
            (2) Requirement.--In making a designation under paragraph 
        (1), the Secretary concerned shall designate the smallest area 
        for the least amount of time that is required for public 
        safety, administration, or compliance with applicable laws.
    (b) Closure Procedures.--
            (1) In general.--Except in an emergency, before permanently 
        or temporarily closing any Federal land to hunting, fishing, or 
        recreational shooting, the Secretary concerned shall--
                    (A) consult with State fish and wildlife agencies; 
                and
                    (B) provide public notice and opportunity for 
                comment under paragraph (2).
            (2) Public notice and comment.--
                    (A) In general.--Public notice and comment shall 
                include--
                            (i) a notice of intent--
                                    (I) published in advance of the 
                                public comment period for the closure--
                                            (aa) in the Federal 
                                        Register;
                                            (bb) on the website of the 
                                        applicable Federal agency;
                                            (cc) on the website of the 
                                        Federal land unit, if 
                                        available; and
                                            (dd) in at least 1 local 
                                        newspaper;
                                    (II) made available in advance of 
                                the public comment period to local 
                                offices, chapters, and affiliate 
                                organizations in the vicinity of the 
                                closure that are signatories to the 
                                memorandum of understanding entitled 
                                ``Federal Lands Hunting, Fishing, and 
                                Shooting Sports Roundtable Memorandum 
                                of Understanding''; and
                                    (III) that describes--
                                            (aa) the proposed closure; 
                                        and
                                            (bb) the justification for 
                                        the proposed closure, including 
                                        an explanation of the reasons 
                                        and necessity for the decision 
                                        to close the area to hunting, 
                                        fishing, or recreational 
                                        shooting; and
                            (ii) an opportunity for public comment for 
                        a period of--
                                    (I) not less than 60 days for a 
                                permanent closure; or
                                    (II) not less than 30 days for a 
                                temporary closure.
                    (B) Final decision.--In a final decision to 
                permanently or temporarily close an area to hunting, 
                fishing, or recreation shooting, the Secretary 
                concerned shall--
                            (i) respond in a reasoned manner to the 
                        comments received;
                            (ii) explain how the Secretary concerned 
                        resolved any significant issues raised by the 
                        comments; and
                            (iii) show how the resolution led to the 
                        closure.
    (c) Temporary Closures.--
            (1) In general.--A temporary closure under this section may 
        not exceed a period of 180 days.
            (2) Renewal.--Except in an emergency, a temporary closure 
        for the same area of land closed to the same activities--
                    (A) may not be renewed more than 3 times after the 
                first temporary closure; and
                    (B) must be subject to a separate notice and 
                comment procedure in accordance with subsection (b)(2).
            (3) Effect of temporary closure.--Any Federal land that is 
        temporarily closed to hunting, fishing, or recreational 
        shooting under this section shall not become permanently closed 
        to that activity without a separate public notice and 
        opportunity to comment in accordance with subsection (b)(2).
    (d) Reporting.--On an annual basis, the Secretaries concerned 
shall--
            (1) publish on a public website a list of all areas of 
        Federal land temporarily or permanently subject to a closure 
        under this section; and
            (2) submit to the Committee on Energy and Natural Resources 
        and the Committee on Agriculture, Nutrition, and Forestry of 
        the Senate and the Committee on Natural Resources and the 
        Committee on Agriculture of the House of Representatives a 
        report that identifies--
                    (A) a list of each area of Federal land temporarily 
                or permanently subject to a closure;
                    (B) the acreage of each closure; and
                    (C) a survey of--
                            (i) the aggregate areas and acreage closed 
                        under this section in each State; and
                            (ii) the percentage of Federal land in each 
                        State closed under this section with respect to 
                        hunting, fishing, and recreational shooting.
    (e) Application.--This section shall not apply if the closure is--
            (1) less than 14 days in duration; and
            (2) covered by a special use permit.

SEC. 204. SHOOTING RANGES.

    (a) In General.--Except as provided in subsection (b), the 
Secretary concerned may, in accordance with this section and other 
applicable law, lease or permit the use of Federal land for a shooting 
range.
    (b) Exception.--The Secretary concerned shall not lease or permit 
the use of Federal land for a shooting range, within--
            (1) a component of the National Landscape Conservation 
        System;
            (2) a component of the National Wilderness Preservation 
        System;
            (3) any area that is--
                    (A) designated as a wilderness study area;
                    (B) administratively classified as--
                            (i) wilderness-eligible; or
                            (ii) wilderness-suitable; or
                    (C) a primitive or semiprimitive area;
            (4) a national monument, national volcanic monument, or 
        national scenic area; or
            (5) a component of the National Wild and Scenic Rivers 
        System (including areas designated for study for potential 
        addition to the National Wild and Scenic Rivers System).

SEC. 205. FEDERAL ACTION TRANSPARENCY.

    (a) Modification of Equal Access to Justice Provisions.--
            (1) Agency proceedings.--Section 504 of title 5, United 
        States Code, is amended--
                    (A) in subsection (c)(1), by striking ``, United 
                States Code'';
                    (B) by redesignating subsection (f) as subsection 
                (i); and
                    (C) by striking subsection (e) and inserting the 
                following:
    ``(e)(1) Not later than March 31 of the first fiscal year beginning 
after the date of enactment of the Sportsmen's Act, and every fiscal 
year thereafter, the Chairman of the Administrative Conference of the 
United States, after consultation with the Chief Counsel for Advocacy 
of the Small Business Administration, shall submit to Congress and make 
publicly available online a report on the amount of fees and other 
expenses awarded during the preceding fiscal year under this section.
    ``(2) Each report under paragraph (1) shall describe the number, 
nature, and amount of the awards, the claims involved in the 
controversy, and any other relevant information that may aid Congress 
in evaluating the scope and impact of such awards.
    ``(3)(A) Each report under paragraph (1) shall account for all 
payments of fees and other expenses awarded under this section that are 
made pursuant to a settlement agreement, regardless of whether the 
settlement agreement is sealed or otherwise subject to a nondisclosure 
provision.
    ``(B) The disclosure of fees and other expenses required under 
subparagraph (A) shall not affect any other information that is subject 
to a nondisclosure provision in a settlement agreement.
    ``(f) As soon as practicable, and in any event not later than the 
date on which the first report under subsection (e)(1) is required to 
be submitted, the Chairman of the Administrative Conference of the 
United States shall create and maintain online a searchable database 
containing, with respect to each award of fees and other expenses under 
this section made on or after the date of enactment of the Sportsmen's 
Act, the following information:
            ``(1) The case name and number of the adversary 
        adjudication, if available, hyperlinked to the case, if 
        available.
            ``(2) The name of the agency involved in the adversary 
        adjudication.
            ``(3) A description of the claims in the adversary 
        adjudication.
            ``(4) The name of each party to whom the award was made as 
        such party is identified in the order or other court document 
        making the award.
            ``(5) The amount of the award.
            ``(6) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
    ``(g) The online searchable database described in subsection (f) 
may not reveal any information the disclosure of which is prohibited by 
law or a court order.
    ``(h) The head of each agency shall provide to the Chairman of the 
Administrative Conference of the United States in a timely manner all 
information requested by the Chairman to comply with the requirements 
of subsections (e), (f), and (g).''.
            (2) Court cases.--Section 2412(d) of title 28, United 
        States Code, is amended by adding at the end the following:
    ``(5)(A) Not later than March 31 of the first fiscal year beginning 
after the date of enactment of the Sportsmen's Act, and every fiscal 
year thereafter, the Chairman of the Administrative Conference of the 
United States shall submit to Congress and make publicly available 
online a report on the amount of fees and other expenses awarded during 
the preceding fiscal year pursuant to this subsection.
    ``(B) Each report under subparagraph (A) shall describe the number, 
nature, and amount of the awards, the claims involved in the 
controversy, and any other relevant information that may aid Congress 
in evaluating the scope and impact of such awards.
    ``(C)(i) Each report under subparagraph (A) shall account for all 
payments of fees and other expenses awarded under this subsection that 
are made pursuant to a settlement agreement, regardless of whether the 
settlement agreement is sealed or otherwise subject to a nondisclosure 
provision.
    ``(ii) The disclosure of fees and other expenses required under 
clause (i) shall not affect any other information that is subject to a 
nondisclosure provision in a settlement agreement.
    ``(D) The Chairman of the Administrative Conference of the United 
States shall include and clearly identify in each annual report under 
subparagraph (A), for each case in which an award of fees and other 
expenses is included in the report--
            ``(i) any amounts paid under section 1304 of title 31 for a 
        judgment in the case;
            ``(ii) the amount of the award of fees and other expenses; 
        and
            ``(iii) the statute under which the plaintiff filed suit.
    ``(6) As soon as practicable, and in any event not later than the 
date on which the first report under paragraph (5)(A) is required to be 
submitted, the Chairman of the Administrative Conference of the United 
States shall create and maintain online a searchable database 
containing, with respect to each award of fees and other expenses under 
this subsection made on or after the date of enactment of the 
Sportsmen's Act, the following information:
            ``(A) The case name and number, hyperlinked to the case, if 
        available.
            ``(B) The name of the agency involved in the case.
            ``(C) The name of each party to whom the award was made as 
        such party is identified in the order or other court document 
        making the award.
            ``(D) A description of the claims in the case.
            ``(E) The amount of the award.
            ``(F) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
    ``(7) The online searchable database described in paragraph (6) may 
not reveal any information the disclosure of which is prohibited by law 
or a court order.
    ``(8) The head of each agency (including the Attorney General of 
the United States) shall provide to the Chairman of the Administrative 
Conference of the United States in a timely manner all information 
requested by the Chairman to comply with the requirements of paragraphs 
(5), (6), and (7).''.
            (3) Technical and conforming amendments.--Section 2412 of 
        title 28, United States Code, is amended--
                    (A) in subsection (d)(3), by striking ``United 
                States Code,''; and
                    (B) in subsection (e)--
                            (i) by striking ``of section 2412 of title 
                        28, United States Code,'' and inserting ``of 
                        this section''; and
                            (ii) by striking ``of such title'' and 
                        inserting ``of this title''.
    (b) Judgment Fund Transparency.--Section 1304 of title 31, United 
States Code, is amended by adding at the end the following:
    ``(d) Beginning not later than the date that is 60 days after the 
date of enactment of the Sportsmen's Act, and unless the disclosure of 
such information is otherwise prohibited by law or a court order, the 
Secretary of the Treasury shall make available to the public on a 
website, as soon as practicable, but not later than 30 days after the 
date on which a payment under this section is tendered, the following 
information with regard to that payment:
            ``(1) The name of the specific agency or entity whose 
        actions gave rise to the claim or judgment.
            ``(2) The name of the plaintiff or claimant.
            ``(3) The name of counsel for the plaintiff or claimant.
            ``(4) The amount paid representing principal liability, and 
        any amounts paid representing any ancillary liability, 
        including attorney fees, costs, and interest.
            ``(5) A brief description of the facts that gave rise to 
        the claim.
            ``(6) The name of the agency that submitted the claim.''.

SEC. 206. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING, AND 
              FISHING ON FEDERAL LAND.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary, with respect to land 
                administered by--
                            (i) the Director of the National Park 
                        Service;
                            (ii) the Director of the United States Fish 
                        and Wildlife Service; and
                            (iii) the Director of the Bureau of Land 
                        Management; and
                    (B) the Secretary of Agriculture, with respect to 
                land administered by the Chief of the Forest Service.
            (2) State or regional office.--The term ``State or regional 
        office'' means--
                    (A) a State office of the Bureau of Land 
                Management; or
                    (B) a regional office of--
                            (i) the National Park Service;
                            (ii) the United States Fish and Wildlife 
                        Service; or
                            (iii) the Forest Service.
            (3) Travel management plan.--The term ``travel management 
        plan'' means a plan for the management of travel--
                    (A) with respect to land under the jurisdiction of 
                the National Park Service, on park roads and designated 
                routes under section 4.10 of title 36, Code of Federal 
                Regulations (or successor regulations);
                    (B) with respect to land under the jurisdiction of 
                the United States Fish and Wildlife Service, on the 
                land under a comprehensive conservation plan prepared 
                under section 4(e) of the National Wildlife Refuge 
                System Administration Act of 1966 (16 U.S.C. 668dd(e));
                    (C) with respect to land under the jurisdiction of 
                the Forest Service, on National Forest System land 
                under part 212 of title 36, Code of Federal Regulations 
                (or successor regulations); and
                    (D) with respect to land under the jurisdiction of 
                the Bureau of Land Management, under a resource 
                management plan developed under the Federal Land Policy 
                and Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (b) Priority Lists Required.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and biennially thereafter during the 10-
        year period beginning on the date on which the first priority 
        list is completed, the Secretary shall prepare a priority list, 
        to be made publicly available on the website of the applicable 
        Federal agency referred to in subsection (a)(1), which shall 
        identify the location and acreage of land within the 
        jurisdiction of each State or regional office on which the 
        public is allowed, under Federal or State law, to hunt, fish, 
        or use the land for other recreational purposes but--
                    (A) to which there is no public access or egress; 
                or
                    (B) to which public access or egress to the legal 
                boundaries of the land is significantly restricted (as 
                determined by the Secretary).
            (2) Minimum size.--Any land identified under paragraph (1) 
        shall consist of contiguous acreage of at least 640 acres.
            (3) Considerations.--In preparing the priority list 
        required under paragraph (1), the Secretary shall consider with 
        respect to the land--
                    (A) whether access is absent or merely restricted, 
                including the extent of the restriction;
                    (B) the likelihood of resolving the absence of or 
                restriction to public access;
                    (C) the potential for recreational use;
                    (D) any information received from the public or 
                other stakeholders during the nomination process 
                described in paragraph (5); and
                    (E) any other factor as determined by the 
                Secretary.
            (4) Adjacent land status.--For each parcel of land on the 
        priority list, the Secretary shall include in the priority list 
        whether resolving the issue of public access or egress to the 
        land would require acquisition of an easement, right-of-way, or 
        fee title from--
                    (A) another Federal agency;
                    (B) a State, local, or tribal government; or
                    (C) a private landowner.
            (5) Nomination process.--In preparing a priority list under 
        this section, the Secretary shall provide an opportunity for 
        members of the public to nominate parcels for inclusion on the 
        priority list.
    (c) Access Options.--With respect to land included on a priority 
list described in subsection (b), the Secretary shall develop and 
submit to the Committees on Appropriations and Energy and Natural 
Resources of the Senate and the Committees on Appropriations and 
Natural Resources of the House of Representatives a report on options 
for providing access that--
            (1) identifies how public access and egress could 
        reasonably be provided to the legal boundaries of the land in a 
        manner that minimizes the impact on wildlife habitat and water 
        quality;
            (2) specifies the steps recommended to secure the access 
        and egress, including acquiring an easement, right-of-way, or 
        fee title from a willing owner of any land that abuts the land 
        or the need to coordinate with State land management agencies 
        or other Federal, State, or tribal governments to allow for 
        such access and egress; and
            (3) is consistent with the travel management plan in effect 
        on the land.
    (d) Protection of Personally Identifying Information.--In making 
the priority list and report prepared under subsections (b) and (c) 
available, the Secretary shall ensure that no personally identifying 
information is included, such as names or addresses of individuals or 
entities.
    (e) Willing Owners.--For purposes of providing any permits to, or 
entering into agreements with, a State, local, or tribal government or 
private landowner with respect to the use of land under the 
jurisdiction of the government or landowner, the Secretary shall not 
take into account whether the State, local, or tribal government or 
private landowner has granted or denied public access or egress to the 
land.
    (f) Means of Public Access and Egress Included.--In considering 
public access and egress under subsections (b) and (c), the Secretary 
shall consider public access and egress to the legal boundaries of the 
land described in those subsections, including access and egress--
            (1) by motorized or non-motorized vehicles; and
            (2) on foot or horseback.
    (g) Effect.--
            (1) In general.--This section shall have no effect on 
        whether a particular recreational use shall be allowed on the 
        land included in a priority list under this section.
            (2) Effect of allowable uses on agency consideration.--In 
        preparing the priority list under subsection (b), the Secretary 
        shall only consider recreational uses that are allowed on the 
        land at the time that the priority list is prepared.

SEC. 207. AMENDMENTS TO THE FEDERAL LAND TRANSACTION FACILITATION ACT.

    (a) In General.--The Federal Land Transaction Facilitation Act (43 
U.S.C. 2301 et seq.) is amended--
            (1) in section 203(2) (43 U.S.C. 2302(2)), in the matter 
        preceding subparagraph (A), by striking ``on the date of 
        enactment of this Act was'' and inserting ``is'';
            (2) in section 205 (43 U.S.C. 2304)--
                    (A) in subsection (a), by striking ``(as in effect 
                on the date of enactment of this Act)''; and
                    (B) by striking subsection (d);
            (3) in section 206 (43 U.S.C. 2305), by striking subsection 
        (f); and
            (4) in section 207(b) (43 U.S.C. 2306(b))--
                    (A) in paragraph (1)--
                            (i) by striking ``96-568'' and inserting 
                        ``96-586''; and
                            (ii) by striking ``or'' at the end;
                    (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 (Public Law 111-11; 123 Stat. 1032);
            ``(6) subtitle O of title I of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 1075);
            ``(7) section 2601 of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
            ``(8) section 2606 of the Omnibus Public Land Management 
        Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
    (b) Transfer of Funds to Treasury.--Of the amounts deposited in the 
Federal Land Disposal Account established by section 206 of the Federal 
Land Transaction Facilitation Act (43 U.S.C. 2305), there shall be 
transferred to the general fund of the Treasury $1,000,000 for each of 
fiscal years 2018 through 2027.

       TITLE III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND

SEC. 301. COMMERCIAL FILMING.

    (a) In General.--Section 1 of Public Law 106-206 (16 U.S.C. 460l-
6d) is amended--
            (1) by redesignating subsections (a) through (f) as 
        subsections (b) through (g), respectively;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Definition of Secretary.--The term `Secretary' means the 
Secretary of the Interior or the Secretary of Agriculture, as 
applicable, with respect to land under the respective jurisdiction of 
the Secretary.'';
            (3) in subsection (b) (as so redesignated)--
                    (A) in paragraph (1)--
                            (i) in the first sentence--
                                    (I) by striking ``of the Interior 
                                or the Secretary of Agriculture 
                                (hereafter individually referred to as 
                                the `Secretary' with respect to land 
                                (except land in a System unit as 
                                defined in section 100102 of title 54, 
                                United States Code) under their 
                                respective jurisdictions)''; and
                                    (II) by striking ``or similar 
                                projects'';
                            (ii) in subparagraph (A), by striking ``or 
                        similar project''; and
                            (iii) in subparagraph (B), by inserting ``, 
                        except in the case of film crews of three or 
                        fewer individuals'' before the period at the 
                        end; and
                    (B) by adding at the end the following:
            ``(3) Fee schedule.--Not later than 180 days after the date 
        of enactment of the Sportsmen's Act, to enhance consistency in 
        the management of Federal land, the Secretaries shall publish a 
        single joint land use fee schedule for commercial filming and 
        still photography.'';
            (4) in subsection (c) (as so redesignated), in the second 
        sentence, by striking ``subsection (a)'' and inserting 
        ``subsection (b)'';
            (5) in subsection (d) (as so redesignated), in the heading, 
        by inserting ``Commercial'' before ``Still'';
            (6) in paragraph (1) of subsection (f) (as so 
        redesignated), by inserting ``in accordance with the Federal 
        Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),'' 
        after ``without further appropriation,'';
            (7) in subsection (g) (as so redesignated)--
                    (A) by striking ``The Secretary shall'' and 
                inserting the following:
            ``(1) In general.--The Secretary shall''; and
                    (B) by adding at the end the following:
            ``(2) Considerations.--The Secretary shall not consider 
        subject matter or content as a criterion for issuing or denying 
        a permit under this Act.''; and
            (8) by adding at the end the following:
    ``(h) 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 a fee for commercial filming or still 
photography under this Act if the filming or photography conducted is--
            ``(1) 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)).
    ``(i) Exception From Certain Fees.--Commercial filming or 
commercial still photography shall be exempt from fees under this Act, 
but not from recovery of costs under subsection (c), if the activity--
            ``(1) is conducted by an entity that is a small business 
        concern (within the meaning of section 3 of the Small Business 
        Act (15 U.S.C. 632));
            ``(2) is conducted by a crew of not more than 3 
        individuals; and
            ``(3) uses only a camera and tripod.
    ``(j) Applicability to News Gathering Activities.--
            ``(1) In general.--News gathering shall not be considered a 
        commercial activity.
            ``(2) Included activities.--In this subsection, the term 
        `news gathering' includes, at a minimum, the gathering, 
        recording, and filming of news and information related to news 
        in any medium.''.
    (b) Conforming Amendments.--Chapter 1009 of title 54, United States 
Code, is amended--
            (1) by striking section 100905; and
            (2) in the table of sections for chapter 1009 of title 54, 
        United States Code, by striking the item relating to section 
        100905.

              TITLE IV--WILDLIFE AND HABITAT CONSERVATION

SEC. 401. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.

    (a) Purpose.--The purpose of this section 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.
    (b) Definition of Public Target Range.--In this section, 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.
    (c) Amendments to Pittman-Robertson Wildlife Restoration Act.--
            (1) Definitions.--Section 2 of the Pittman-Robertson 
        Wildlife Restoration Act (16 U.S.C. 669a) is amended--
                    (A) by redesignating paragraphs (2) through (8) as 
                paragraphs (3) through (9), respectively; and
                    (B) 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;''.
            (2) 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--
                    (A) 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'';
                    (B) in paragraph (1) (as so designated), by 
                striking ``construction, operation,'' and inserting 
                ``operation'';
                    (C) in the second sentence, by striking ``The non-
                Federal share'' and inserting the following:
            ``(3) Non-federal share.--The non-Federal share'';
                    (D) in the third sentence, by striking ``The 
                Secretary'' and inserting the following:
            ``(4) Regulations.--The Secretary''; and
                    (E) by inserting after paragraph (1) (as designated 
                by subparagraph (A)) 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.''.
            (3) 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--
                    (A) 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.'';
                    (B) 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
                    (C) in subsection (c)(1)--
                            (i) by striking ``Amounts made'' and 
                        inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and
                            (ii) 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.''.
    (d) Sense of Congress Regarding Cooperation.--It is the sense of 
Congress that, consistent with applicable laws (including regulations), 
the Secretary and the Secretary of Agriculture 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.

SEC. 402. 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:

``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
              COMMITTEE.

    ``(a) Establishment.--There is established the Wildlife and Hunting 
Heritage Conservation Council Advisory Committee (referred to in this 
section as the `Advisory Committee') to advise the Secretary of the 
Interior and the Secretary of Agriculture (referred to in this section 
as the `Secretaries') on wildlife and habitat conservation, hunting, 
and recreational shooting.
    ``(b) Duties of the Advisory Committee.--The Advisory Committee 
shall advise the Secretaries regarding--
            ``(1) implementation of the `Recreational Hunting and 
        Wildlife Resource Conservation Plan--A Ten-Year Plan for 
        Implementation' and any successor plans, in accordance with 
        Executive Order 13443 (16 U.S.C. 661 note; relating to 
        facilitation of hunting heritage and wildlife conservation);
            ``(2) increasing public awareness of, and support for, the 
        Wildlife Restoration Program;
            ``(3) fostering wildlife and habitat conservation and 
        ethics in hunting and shooting sports recreation;
            ``(4) stimulating the participation of sportsmen and 
        sportswomen in the conservation and management of wildlife and 
        habitat resources through outreach and education;
            ``(5) fostering communication and coordination among--
                    ``(A) the Federal Government and State and tribal 
                governments;
                    ``(B) industry;
                    ``(C) sportsmen and sportswomen who hunt and shoot;
                    ``(D) wildlife and habitat conservation and 
                management organizations; and
                    ``(E) the public;
            ``(6) providing appropriate access to Federal land for 
        recreational shooting and hunting; and
            ``(7) recommendations to improve implementation of Federal 
        conservation programs that benefit wildlife, hunting, and 
        outdoor recreation on private land.
    ``(c) Membership.--
            ``(1) Appointment.--
                    ``(A) In general.--The Advisory Committee shall 
                consist of not 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 management 
                        agencies.
                            ``(ii) Wildlife and habitat conservation 
                        management organizations.
                            ``(iii) Game bird hunting organizations.
                            ``(iv) Waterfowl hunting organizations.
                            ``(v) Big game hunting organizations.
                            ``(vi) The tourism, outfitter, or guiding 
                        industry relating to hunting, fishing, and 
                        shooting sports.
                            ``(vii) The hunting or shooting equipment 
                        retail industry.
                            ``(viii) Tribal resource management 
                        organizations.
                            ``(ix) Hunting, shooting, and fishing 
                        sports outreach and education organizations.
                            ``(x) Women's hunting and fishing advocacy, 
                        outreach, or education organizations.
                            ``(xi) Minority hunting and fishing 
                        advocacy, outreach, or education organizations.
                            ``(xii) Veterans service organizations.
            ``(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 Secretaries 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) Compensation.--Members of the Advisory Committee 
        shall serve without compensation.
            ``(8) Travel expenses.--Members of the Advisory Committee 
        may be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from the home or regular place of business of 
        the member in the performance of duties of the Advisory 
        Committee.
            ``(9) Meetings.--
                    ``(A) In general.--The Advisory Committee shall 
                meet at the call of the chairperson, 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 the Advisory 
                Committee deems necessary for the purpose of compiling 
                information or conducting research.
            ``(10) Quorum.--A majority of the members of the Advisory 
        Committee shall constitute a quorum.
    ``(d) Expenses, Administrative Support, Technical Services, and 
Advice.--The Secretaries may provide for expenses, administrative 
support, technical services, and advice to the Advisory Committee that 
the Secretaries determine to be appropriate.
    ``(e) 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.
            ``(2) Contents.--The report required under 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.
    ``(f) Federal Advisory Committee Act.--The Advisory Committee shall 
be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).''.

                 TITLE V--BOWS AND WILDLIFE MANAGEMENT

SEC. 501. BOWS IN PARKS.

    (a) In General.--Chapter 1049 of title 54, United States Code, is 
amended by adding at the end the following:
``Sec. 104908. Bows in parks
    ``(a) Definition of Not Ready for Immediate Use.--The term `not 
ready for immediate use' means--
            ``(1) a bow or crossbow, the arrows of which are secured or 
        stowed in a quiver or other arrow transport case; and
            ``(2) with respect to a crossbow, uncocked.
    ``(b) Vehicular Transportation Authorized.--The Director shall not 
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 in the vehicle of the individual if--
            ``(1) the individual is not otherwise prohibited by law 
        from possessing the bows and crossbows;
            ``(2) the bows or crossbows that are not ready for 
        immediate use remain inside the vehicle of the individual 
        throughout the period during which the bows or crossbows are 
        transported across System land; and
            ``(3) the possession of the bows and crossbows is in 
        compliance with the law of the State in which the System unit 
        is located.''.
    (b) Clerical Amendment.--The table of sections for chapter 1049 of 
title 54, United States Code, is amended by inserting after the item 
relating to section 104907 the following:

``104908. Bows in parks.''.

SEC. 502. WILDLIFE MANAGEMENT IN PARKS.

    (a) In General.--Chapter 1049 of title 54, United States Code (as 
amended by section 501(a)), is amended by adding at the end the 
following:
``Sec. 104909. Wildlife management in parks
    ``(a) Use of Qualified Volunteers.--If the Secretary determines it 
is necessary to reduce the size of a wildlife population on System land 
in accordance with applicable law (including regulations), the 
Secretary may use qualified volunteers to assist in carrying out 
wildlife management on System land.
    ``(b) Requirements for Qualified Volunteers.--Qualified volunteers 
providing assistance under subsection (a) shall be subject to--
            ``(1) any training requirements or qualifications 
        established by the Secretary; and
            ``(2) any other terms and conditions that the Secretary may 
        require.
    ``(c) Donations.--The Secretary may authorize the donation and 
distribution of meat from wildlife management activities carried out 
under this section, including the donation and distribution to Indian 
tribes, qualified volunteers, food banks, and other organizations that 
work to address hunger, in accordance with applicable health guidelines 
and such terms and conditions as the Secretary may require.''.
    (b) Clerical Amendment.--The table of sections for chapter 1049 of 
title 54 (as amended by section 501(b)), United States Code, is amended 
by inserting after the item relating to section 104908 the following:

``104909. Wildlife management in parks.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. RESPECT FOR TREATIES AND RIGHTS.

    Nothing in this Act or the amendments made by this Act--
            (1) affects or modifies any treaty or other right of any 
        federally recognized Indian tribe; or
            (2) modifies any provision of Federal law relating to 
        migratory birds or to endangered or threatened species.

SEC. 602. NO PRIORITY.

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

SEC. 603. STATE AUTHORITY FOR FISH AND WILDLIFE.

    Nothing in this Act--
            (1) authorizes the Secretary of Agriculture or the 
        Secretary to require Federal licenses or permits to hunt and 
        fish on Federal land; or
            (2) enlarges or diminishes the responsibility or authority 
        of States with respect to fish and wildlife management.
                                 <all>