[Congressional Record Volume 162, Number 18 (Monday, February 1, 2016)]
[Senate]
[Pages S445-S448]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3177. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to 
provide for the modernization of the energy policy of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

TITLE VI--PROTECTING AND ENHANCING OPPORTUNITIES FOR HUNTING, FISHING, 
                       AND RECREATIONAL SHOOTING

                      Subtitle A--National Policy

     SEC. 6001. 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 title, 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.

             Subtitle B--Sportsmen's Access to Federal Land

     SEC. 6011. DEFINITIONS.

       In this subtitle:
       (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 of the 
     Interior, 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 of the Interior, with respect to land 
     described in paragraph (1)(B).

     SEC. 6012. 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 6013.
       (b) Effect of Subtitle.--Nothing in this subtitle 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. 6013. 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. 6014. 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. 6015. 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 Energy Policy 
     Modernization Act of 2016, and every fiscal year thereafter,

[[Page S446]]

     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 Energy 
     Policy Modernization Act of 2016, 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 Energy Policy 
     Modernization Act of 2016, 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 
     Energy Policy Modernization Act of 2016, 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 Energy Policy 
     Modernization Act of 2016, 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.''.

       Subtitle C--Filming on Federal Land Management Agency Land

     SEC. 6021. 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, 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) in subparagraph (B), by inserting ``, except in the 
     case of film crews of 3 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 Energy Policy Modernization Act of 2016, 
     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

[[Page S447]]

       ``(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.

  Subtitle D--Bows, Wildlife Management, and Access Opportunities for 
                    Recreation, Hunting, and Fishing

     SEC. 6031. BOWS IN PARKS.

       (a) In General.--Chapter 1049 of title 54, United States 
     Code (as amended by section 5001(a)), is amended by adding at 
     the end the following:

     ``Sec. 104909. 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 (as amended by section 
     5001(b)), is amended by inserting after the item relating to 
     section 104908 the following:

``104909. Bows in parks.''.

     SEC. 6032. WILDLIFE MANAGEMENT IN PARKS.

       (a) In General.--Chapter 1049 of title 54, United States 
     Code (as amended by section 6031(a)), is amended by adding at 
     the end the following:

     ``SEC. 104910. 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.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     1049 of title 54 (as amended by section 6031(b)), United 
     States Code, is amended by inserting after the item relating 
     to section 104909 the following:

``104910. Wildlife management in parks.''.

     SEC. 6033. IDENTIFYING OPPORTUNITIES FOR RECREATION, HUNTING, 
                   AND FISHING ON FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of the Interior, 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 180 days after the date of 
     enactment of this Act, annually during the 10-year period 
     beginning on the date on which the first priority list is 
     completed, and every 5 years after the end of the 10-year 
     period, 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.

         Subtitle E--Federal Land Transaction Facilitation Act

     SEC. 6041. FEDERAL LAND TRANSACTION FACILITATION ACT.

       (a) In General.--The Federal Land Transaction Facilitation 
     Act is amended--
       (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
     the date of enactment of this Act was'' and inserting ``is'';
       (2) in section 205 (43 U.S.C. 2304)--

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       (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'' and inserting a semicolon;
       (B) in paragraph (2)--
       (i) by inserting ``Public Law 105-263;'' before ``112 
     Stat.''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(3) the White Pine County Conservation, Recreation, and 
     Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
       ``(4) the Lincoln County Conservation, Recreation, and 
     Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
       ``(5) subtitle F of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
     11);
       ``(6) subtitle O of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
     Public Law 111-11);
       ``(7) section 2601 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
       ``(8) section 2606 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.
       (b) Funds to Treasury.--Of the amounts deposited in the 
     Federal Land Disposal Account, there shall be transferred to 
     the general fund of the Treasury $1,000,000 for each of 
     fiscal years 2016 through 2025.

                       Subtitle F--Miscellaneous

     SEC. 6051. RESPECT FOR TREATIES AND RIGHTS.

       Nothing in this title or the amendments made by this 
     title--
       (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. 6052. NO PRIORITY.

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

  TITLE VII--REFUNDS OF FUNDS USED BY STATES TO OPERATE UNITS OF THE 
                 NATIONAL PARK SYSTEM DURING A SHUTDOWN

     SEC. 7001. REFUND OF FUNDS USED BY STATES TO OPERATE NATIONAL 
                   PARKS DURING SHUTDOWN.

       (a) In General.--The Director of the National Park Service 
     shall refund to each State all funds of the State that were 
     used to reopen and temporarily operate a unit of the National 
     Park System during the period in October 2013 in which there 
     was a lapse in appropriations for the unit.
       (b) Funding.--Funds of the National Park Service that are 
     appropriated after the date of enactment of this Act shall be 
     used to carry out this section.
                                 ______