[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5705 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 5705

To amend the Endangered Species Act of 1973 to restrict the Secretary's 
           ability to alter permits, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 29, 2020

 Ms. Cheney (for herself, Mr. Gosar, Mr. McClintock, Mr. Newhouse, Mr. 
Norman, Mr. Gianforte, Mr. Crawford, and Mr. Armstrong) introduced the 
    following bill; which was referred to the Committee on Natural 
   Resources, and in addition to the Committee on Agriculture, 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

_______________________________________________________________________

                                 A BILL


 
To amend the Endangered Species Act of 1973 to restrict the Secretary's 
           ability to alter permits, 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.

    This Act may be cited as the ``Increasing Access and Multiple Use 
Act of 2020''.

SEC. 2. PERMIT CERTAINTY.

    The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is 
amended by adding at the end the following:

``SEC. 19. PERMIT CHANGES.

    ``(a) In General.--If the holder of a permit issued under this Act 
for other than scientific purposes is in compliance with the terms and 
conditions of the permit, the Secretary may not require the holder, 
without the consent of the holder, to adopt any new minimization, 
mitigation, or other measure with respect to any species adequately 
covered by the permit during the term of the permit, except as provided 
in subsections (b) and (c) to meet circumstances that have changed 
subsequent to the issuance of the permit.
    ``(b) Changed Circumstances Identified in Permit.--For any 
circumstance identified in a permit under this Act that has changed, 
the Secretary may, in the absence of consent of the permit holder, 
require only such additional minimization, mitigation, or other 
measures as are already provided in the permit or incorporated document 
for such changed circumstance.
    ``(c) Changed Circumstances Not Identified in Permit.--For any 
changed circumstance not identified in a permit under this Act, the 
Secretary may, in the absence of consent of the permit holder, require 
only such additional minimization, mitigation, or other measures to 
address such changed circumstance that do not involve the commitment of 
any additional land, water, or financial compensation not otherwise 
committed, or the imposition of additional restrictions on the use of 
any land, water or other natural resources otherwise available for 
development or use, under the original terms and conditions of the 
permit or incorporated document.
    ``(d) Burden of Proof.--The Secretary shall have the burden of 
proof in demonstrating and documenting, with the best available 
scientific data, the occurrence of any changed circumstances for 
purposes of this section.''.

SEC. 3. NO NET LOSS.

    A critical habitat designation or listing of a species under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not 
result in a net loss of acreage, permits, or leases within grazing 
allotments or other multiple use activities.

SEC. 4. PRESENCE OF A SPECIES.

    The presence of critical habitat or a species listed under the 
Endangered Species Act shall not the result in the denial of any 
Federal permit, lease, or expansion of multiple use activities based on 
the presence of the species or habitat.

SEC. 5. CONSULTATION REQUIREMENT.

    The Secretary may not designate lands as critical habitat unless, 
before such designation, the Secretary--
            (1) consults with each community, county, municipality, 
        city, town, or township with boundaries within or adjacent to 
        lands affected by such designation; and
            (2) obtains the concurrence for the designation from--
                    (A) the governing body of each entity described in 
                paragraph (1); and
                    (B) the wildlife management and land management 
                authorities and governor of each State in which all or 
                part of the new or expanded critical habitat would be 
                located.

SEC. 6. RECREATIONAL FISHING AND HUNTING HERITAGE OPPORTUNITIES ACT.

    (a) Definitions.--In this section:
            (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--
                    (A) the Secretary of the Interior and the Director 
                of the Bureau of Land Management regarding Bureau of 
                Land Management lands and waters; and
                    (B) the Secretary of Agriculture and the Chief of 
                the Forest Service regarding the National Forest 
                System.
            (3) Hunting.--
                    (A) In general.--Except as provided in clause (ii), 
                the term ``hunting'' means use of a firearm, bow, or 
                other authorized means in the lawful--
                            (i) pursuit, shooting, capture, collection, 
                        trapping, or killing of wildlife;
                            (ii) attempt to pursue, shoot, capture, 
                        collect, trap, or kill wildlife; or
                            (iii) the training of hunting dogs, 
                        including field trials.
                    (B) Exclusion.--The term ``hunting'' does not 
                include the use of skilled volunteers to cull excess 
                animals (as defined by other Federal law).
            (4) Recreational fishing.--The term ``recreational 
        fishing'' means the lawful--
                    (A) pursuit, capture, collection, or killing of 
                fish; or
                    (B) attempt to capture, collect, or kill fish.
            (5) Recreational shooting.--The term ``recreational 
        shooting'' means any form of sport, training, competition, or 
        pastime, whether formal or informal, that involves the 
        discharge of a rifle, handgun, or shotgun, or the use of a bow 
        and arrow.
    (b) Recreational Fishing, Hunting, and Shooting.--
            (1) In general.--Subject to valid existing rights and 
        paragraph (7), 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--
                    (A) statutory authority that authorizes action or 
                withholding action for reasons of national security, 
                public safety, or resource conservation;
                    (B) any other Federal statute that specifically 
                precludes recreational fishing, hunting, or shooting on 
                specific Federal public lands, waters, or units 
                thereof; or
                    (C) discretionary limitations on recreational 
                fishing, hunting, and shooting determined to be 
                necessary and reasonable as supported by the best 
                scientific evidence and advanced through a transparent 
                public process.
            (2) Management.--Consistent with paragraph (1), the head of 
        each Federal public land management agency shall exercise its 
        land management discretion--
                    (A) in a manner that supports and facilitates 
                recreational fishing, hunting, and shooting 
                opportunities;
                    (B) to the extent authorized under applicable State 
                law; and
                    (C) in accordance with applicable Federal law.
            (3) Planning.--
                    (A) 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.
                    (B) 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.
                    (C) 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.
            (4) Federal public lands.--
                    (A) 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.
                    (B) Shooting ranges.--
                            (i) In general.--The head of each Federal 
                        agency shall use his or her authorities in a 
                        manner consistent with this title and other 
                        applicable law, to--
                                    (I) lease or permit use of lands 
                                under the jurisdiction of the agency 
                                for shooting ranges; and
                                    (II) designate specific lands under 
                                the jurisdiction of the agency for 
                                recreational shooting activities.
                            (ii) Limitation on liability.--Any 
                        designation under clause (i)(II) shall not 
                        subject the United States to any civil action 
                        or claim for monetary damages for injury or 
                        loss of property or personal injury or death 
                        caused by any activity occurring at or on such 
                        designated lands.
            (5) Necessity in wilderness areas and ``within and 
        supplemental to'' wilderness purposes.--
                    (A) 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.
                    (B) 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.
            (6) 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--
                    (A) any Federal public land administered by the 
                agency head that was closed to recreational fishing, 
                hunting, or shooting at any time during the preceding 
                year; and
                    (B) the reason for the closure.
            (7) Closures or significant restrictions of 640 or more 
        acres.--
                    (A) In general.--Other than closures established or 
                prescribed by land planning actions referred to in 
                paragraph (4) or emergency closures described in 
                subparagraph (C), 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--
                            (i) publishes appropriate notice of the 
                        withdrawal or change, respectively;
                            (ii) demonstrates that coordination has 
                        occurred with a State fish and wildlife agency; 
                        and
                            (iii) submits to the Committee on Natural 
                        Resources of the House of Representatives and 
                        the Committee on Energy and Natural Resources 
                        of the Senate written notice of the withdrawal 
                        or change, respectively.
                    (B) 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 subparagraph (A).
                    (C) 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 section.
            (8) National park service units not affected.--Nothing in 
        this title shall affect or modify management or use of units of 
        the National Park System.
            (9) 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.
            (10) Consultation with councils.--In fulfilling the duties 
        set forth in this section, the heads of Federal agencies shall 
        consult with respective advisory councils as established in 
        Executive Order Nos. 12962 and 13443.
            (11) Authority of the states.--
                    (A) 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.
                    (B) 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.).
    (c) Volunteer Hunters; Reports; Closures and Restrictions.--
            (1) Definitions.--For the purposes of this subsection:
                    (A) Public land.--The term ``public land'' means--
                            (i) units of the National Park System;
                            (ii) National Forest System lands; and
                            (iii) land and interests in land owned by 
                        the United States and under the administrative 
                        jurisdiction of--
                                    (I) the United States Fish and 
                                Wildlife Service; or
                                    (II) the Bureau of Land Management.
                    (B) Secretary.--The term ``Secretary'' means--
                            (i) the Secretary of the Interior and 
                        includes the Director of the National Park 
                        Service, with regard to units of the National 
                        Park System;
                            (ii) 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;
                            (iii) the Secretary of the Interior and 
                        includes the Director of the Bureau of Land 
                        Management, with regard to Bureau of Land 
                        Management lands and waters; and
                            (iv) the Secretary of Agriculture and 
                        includes the Chief of the Forest Service, with 
                        regard to National Forest System lands.
                    (C) Volunteer from the hunting community.--The term 
                ``volunteer from the hunting community'' means a 
                volunteer who holds a valid hunting license issued by a 
                State.
            (2) 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.
            (3) 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--
                    (A) any public land administered by the Secretary 
                that was closed to fishing, hunting, and recreational 
                shooting at any time during the preceding year; and
                    (B) the reason for the closure.
            (4) Closures or significant restrictions.--
                    (A) In general.--Other than closures established or 
                prescribed by land planning actions referred to in 
                subparagraph (B), 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--
                            (i) publishes appropriate notice of the 
                        withdrawal or change, respectively;
                            (ii) demonstrates that coordination has 
                        occurred with a State fish and wildlife agency; 
                        and
                            (iii) submits to the Committee on Natural 
                        Resources of the House of Representatives and 
                        the Committee on Energy and Natural Resources 
                        of the Senate written notice of the withdrawal 
                        or change, respectively.
                    (B) Emergency closures.--Nothing in this section 
                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 section.

SEC. 7. HUNTING AND RECREATIONAL FISHING WITHIN THE NATIONAL FOREST 
              SYSTEM AND NATIONAL WILDLIFE REFUGE SYSTEM.

    The Secretary concerned 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 or 
National Wildlife Refuge System that are otherwise open to those 
activities.

SEC. 8. ROADS AND TRAILS WITHIN THE NATIONAL FOREST SYSTEM AND NATIONAL 
              WILDLIFE REFUGE SYSTEM.

    The Secretary concerned may not establish policies, directives, or 
regulations that restrict public access to public lands, including any 
change in access to claims, leases, or access using motorized vehicles 
or nonmotorized means resulting from--
            (1) the decommissioning in whole or in part of a road, 
        trail, or combination road and trail system;
            (2) a change in the status of a road as open or closed; or
            (3) a change in road densities.

SEC. 9. VACANT GRAZING ALLOTMENTS MADE AVAILABLE TO CERTAIN GRAZING 
              PERMIT HOLDERS.

    (a) In General.--The Secretary concerned shall, to the maximum 
extent practicable, make vacant grazing allotments available to a 
holder of a grazing permit or lease issued by such Secretary if the 
such Secretary determines that the lands covered by such permit or 
lease are unusable because of--
            (1) a natural disaster (including a drought or wildfire);
            (2) court-issued injunction; or
            (3) a conflict with wildlife.
    (b) Terms and Conditions.--The terms and conditions contained in a 
permit or lease for a vacant grazing allotment made available pursuant 
to subsection (a) shall be the terms and conditions of the most recent 
permit or lease that was applicable to such allotment. If the terms and 
conditions of the most recent permit or lease do not support the 
maximum allowable access, the permit or lease holder shall have 
immediate access to the allotment under the terms and conditions of the 
most recent permit or lease and the Secretary and the permit or lease 
holder shall enter into a negotiation not to exceed 30 days to achieve 
accessible use that is equal or greater than the use of a lease or 
permit that the Secretary concerned determines unusable under 
subsection (a).
    (c) Court-Issued Injunctions.--A court may not issue any order 
enjoining the use of any allotment for which a permit or lease has been 
issued by the Secretary concerned and continues in effect unless the 
Secretary concerned can make a vacant grazing allotment available to 
the holder of such permit or lease.
    (d) Environmental Assessment Under the National Environmental 
Policy Act.--Activities carried out by the Secretary concerned pursuant 
to subsection (a) are a category of actions hereby designated as being 
categorically excluded from the preparation of an environmental 
assessment or an environmental impact statement under section 102 of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

SEC. 10. CERTAIN ACTIONS DEEMED IN COMPLIANCE.

    (a) Actions Deemed in Compliance.--During the period beginning on 
the date of the enactment of this Act and ending on the date described 
in subsection (b), any action that is taken by a Federal agency, State 
agency, or other person and that complies with the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) is deemed to 
comply with sections 7(a)(2) and 9(a)(1)(B) of the Endangered Species 
Act of 1973 (16 U.S.C. 1536(a)(2), 1538(a)(1)(B)) (as amended by this 
Act) and regulations issued under section 4(d) of such Act (16 U.S.C. 
1533(d)).
    (b) Termination Date.--The date referred to in subsection (a) is 
the earlier of--
            (1) the date that is 5 years after the date of enactment of 
        this Act; and
            (2) the date of the completion of any procedure required 
        under subpart D of part 402 of title 50, Code of Federal 
        Regulations, with respect to the action referred to in 
        subsection (a).
    (c) Limitation on Application.--This section shall not affect any 
procedure pursuant to part 402 of title 50, Code of Federal 
Regulations, that is required by any court order issued before the date 
of the enactment of this Act.

SEC. 11. REIMBURSEMENT FOR DEPREDATION OF LIVESTOCK BY REINTRODUCED 
              SPECIES.

    (a) In General.--The Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service, may reimburse 
the owner of livestock for any loss of livestock resulting from 
depredation by any population of a species if the population is listed 
under as threatened or endangered under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) and includes or derives from members of 
the species that were reintroduced into the wild.
    (b) Limitation on Requirement To Present Body.--The Secretary may 
not require the owner of livestock to present the body of individual 
livestock as a condition of payment of reimbursement under this 
section.
    (c) Use of Donations.--The Secretary may accept and use donations 
of funds to pay reimbursement under this section.

SEC. 12. DEFINITIONS.

    In this Act:
            (1) The term ``Secretary'' means the Secretary of the 
        Interior.
            (2) The term ``Secretary concerned'' means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System Lands; and
                    (B) the Secretary of the Interior, with respect to 
                public land.
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