[House Report 114-429]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-429
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2406) TO PROTECT AND
ENHANCE OPPORTUNITIES FOR RECREATIONAL HUNTING, FISHING, AND SHOOTING,
AND FOR OTHER PURPOSES
_______
February 23, 2016.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Newhouse of Washington, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 619]
The Committee on Rules, having had under consideration
House Resolution 619, by a record vote of 8 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2406, the
SHARE Act, under a structured rule. The resolution provides one
hour of general debate equally divided and controlled by the
chair and ranking minority member of the Committee on Natural
Resources. The resolution waives all points of order against
consideration of the bill. The resolution makes in order as
original text for the purpose of amendment the amendment in the
nature of a substitute recommended by the Committee on Natural
Resources now printed in the bill and provides that it shall be
considered as read. The resolution waives all points of order
against that amendment in the nature of a substitute. The
resolution makes in order only those further amendments printed
in this report. Each such amendment may be offered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in this report. The
resolution provides one motion to recommit with or without
instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of the following:
Section 302(f) of the Congressional Budget
Act, which prohibits consideration of legislation
providing new budget authority in excess of a
committee's 302(a) allocation of such authority;
Section 311 of the Congressional Budget Act
of 1974, prohibiting consideration of legislation that
would cause the level of total new budget authority for
the first fiscal year to be exceeded;
Clause 10 of rule XXI, which prohibits
consideration of a bill if it has the net effect of
increasing mandatory spending over the five- or ten-
year period; and
Clause 3(e)(1) of rule XIII (``Ramseyer''),
requiring a committee report accompanying a bill
amending or repealing statutes to show, by
typographical device, parts of statute affected. The
waiver is provided because the submission provided by
the Committee on Natural Resources was insufficient to
meet the standards established by the rule in its
current form. The Committee on Rules continues to work
with the House Office of Legislative Counsel and
committees to determine the steps necessary to comply
with the updated rule.
It is important to note that upon the adoption of the
Manager's amendment, the violations of sections 302 (f) and 311
of the Congressional Budget Act as well as clause 10 of rule
XXI will be cured.
The waiver of all points of order against the amendment in
the nature of a substitute made in order as original text
includes a waiver of the following:
Clause 4 of rule XXI, which prohibits
reporting a bill or joint resolution carrying an
appropriation from a committee not having jurisdiction
to report an appropriation; and
Clause 5(a) of rule XXI, which prohibits a
bill or joint resolution carrying a tax or tariff
measure from being reported by a committee not having
jurisdiction to report tax or tariff measures.
It is important to note that upon the adoption of the
Manager's amendment, the violation of clause 4 of rule XXI will
be cured.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver of all points of order
prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 148
Motion by Mr. McGovern to report an open rule. Defeated: 3-
7
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... ............
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Stivers..................................... ............
Mr. Collins..................................... Nay
Mr. Byrne....................................... ............
Mr. Newhouse.................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 149
Motion by Mr. Polis to make in order and provide the
appropriate waivers for amendment #19 offered by Rep. Sanford
(SC), Rep. Grijalva (AZ) and Rep. Polis (CO), which permanently
reauthorizes the Land and Water Conservation Fund; and
amendment #22 offered by Rep. Grijalva (AZ) and Rep. Polis
(CO), which strikes language blocking implementation of the
Administration's rule to combat the illegal trade in ivory and
protect African elephants under the Endangered Species Act.
Defeated: 3-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Cole........................................ Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... ............
Mr. Burgess..................................... Nay Mr. Polis......................... Yea
Mr. Stivers..................................... Nay
Mr. Collins..................................... Nay
Mr. Byrne....................................... ............
Mr. Newhouse.................................... Nay D
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 150
Motion by Ms. Foxx to report the rule. Adopted: 8-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Cole........................................ Yea Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... ............
Mr. Burgess..................................... Yea Mr. Polis......................... Nay
Mr. Stivers..................................... Yea
Mr. Collins..................................... Yea
Mr. Byrne....................................... ............
Mr. Newhouse.................................... Yea
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Wittman (VA): MANAGER'S Deletes Title XII which has been
enacted into law already, removes outdated year references in
short titles, makes expenditures under the Federal Land
Transaction Facilitation Act subject to appropriation, and adds
the text of HR 3279, as passed by the House, as a new title
XVII. (10 minutes)
2. Beyer (VA): Prohibits an individual who is prohibited
from possessing a firearm by the Gun Control Act from using a
public target range. (10 minutes)
3. Jackson Lee (TX): Strikes Title III, exemption to import
polar bear trophies taken in sport. (10 minutes)
4. Bustos (IL): Adds the Administrator of U.S. Small
Business Administration or a designated representative to the
Wildlife and Hunting Heritage Conservation Council Advisory
Committee's membership. (10 minutes)
5. Smith, Jason (MO): Adds a specification that closures of
hunter access corridors shall be clearly marked with signs and
dates of closures, but shall not include barriers on the
corridor. (10 minutes)
6. Meng (NY): Permits more than one U.S. Fish and Wildlife
Service Law Enforcement Officer to be placed in a U.S.
diplomatic or consular post in an African country with a
significant population of African elephants in order to assist
local wildlife rangers in the protection of such elephants. (10
minutes)
7. Huffman (CA): Requires GAO to conduct a study examining
the effect of a ban of the trade of fossilized ivory from
mammoths and mastodons on the illegal importation and trade of
African and Asian elephant ivory within the United States. (10
minutes)
8. Beyer (VA): Strikes language that requires state
approval of federal fishing regulations in waters under the
jurisdiction of the National Park Service and the Office of
National Marine Sanctuaries. (10 minutes)
9. Smith, Jason (MO): Prohibits USDA and NFS from issuing
restrictions and regulations on hunting and recreational
fishing in the Mark Twain National Forest. (10 minutes)
10. Newhouse (WA): Requires the Chief of the U.S. Forest
Service to publish a notice in the Federal Register, with a
justification, for the closure of any public road on Forest
System lands. (10 minutes)
11. Fleming (LA): Requires the Forest Administrator to
amend the travel plan for the Kisatchie National Forest in
Louisiana to allow Utility Terrain Vehicle (UTV) access on
roads nominated by the Secretary of Louisiana Wildlife and
Fisheries, except when such designation would pose an
unacceptable safety risk. If a road is denied, the Forest
Administrator must publish a notice in the Federal Register
with a justification for the closure. (10 minutes)
12. Griffith (VA): Allows a person who is not prohibited
from possessing, transporting, shipping, or receiving a firearm
or ammunition to transport a firearm or ammunition for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the firearm or ammunition to any
other such place if, during the transportation, the firearm is
unloaded. (10 minutes)
13. Heck (NV), Hardy (NV), Amodei (NV): Adds the text of
H.R. 373, the Good Samaritan Search and Recovery Act, to the
end of the bill. Expedites access to federal lands for
volunteer search and rescue groups to assist in recovering the
remains of a deceased individual believed to be located on
federal lands. (10 minutes)
14. Ribble (WI), Lummis (WY), Benishek (MI), Peterson (MN):
Reissues the 2011 U.S. Fish and Wildlife Service decision to
delist the gray wolf in the Western Great Lakes and Wyoming
from the Endangered Species Act. (10 minutes)
15. Young, Don (AK): Prohibits the Fish and Wildlife
Service from issuing a final rule that preempts state
management authority which is protected by law in Alaska.
Withdrawals a final rule issued by the National Park Service of
the same issue. (10 minutes)
16. Huffman (CA): Designates the Coastal Plain of the
Arctic National Wildlife Refuge as wilderness and a part of the
National Wilderness Preservation System. (10 minutes)
17. Lowenthal (CA): Authorizes the Department of Interior,
after public comment and if approved unanimously by the
Migratory Bird Conservation Commission, to raise the price of
the Migratory Bird Hunting and Conservation Stamp (``Duck
Stamp'') by the rate of inflation, in order to preserve
waterfowl habitat. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Wittman of Virginia or
His Designee, Debatable for 10 Minutes
Page 53, line 18, insert ``, subject to appropriation,''
after ``expended''.
Page 63, strike lines 1 through 8.
Strike ``of 2015'' each place it appears.
At the end of the bill, add the following:
TITLE XVII--OPEN BOOK ON EQUAL ACCESS TO JUSTICE
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Open Book on Equal Access to
Justice Act''.
SEC. 1702. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS.
(a) Agency Proceedings.--Section 504 of title 5, United
States Code, is amended--
(1) in subsection (c)(1), by striking ``, United
States Code'';
(2) by redesignating subsection (f) as subsection
(i); and
(3) by striking subsection (e) and inserting the
following:
``(e)(1) The Chairman of the Administrative Conference of the
United States, after consultation with the Chief Counsel for
Advocacy of the Small Business Administration, shall report to
the Congress, not later than March 31 of each year through the
6th calendar year beginning after the initial report under this
subsection is submitted, on the amount of fees and other
expenses awarded during the preceding fiscal year pursuant to
this section. The report shall describe the number, nature, and
amount of the awards, the claims involved in the controversy,
and any other relevant information that may aid the Congress in
evaluating the scope and impact of such awards. The report
shall be made available to the public online.
``(2)(A) The report required by 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 nondisclosure provisions.
``(B) The disclosure of fees and other expenses required
under subparagraph (A) does not affect any other information
that is subject to nondisclosure provisions in the settlement
agreement.
``(f) The Chairman of the Administrative Conference shall
create and maintain, during the period beginning on the date
the initial report under subsection (e) is submitted and ending
one year after the date on which the final report under that
subsection is submitted, online a searchable database
containing the following information with respect to each award
of fees and other expenses under this section:
``(1) The case name and number of the adversary
adjudication, 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
agency 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 court order.
``(h) The head of each agency shall provide to the Chairman
of the Administrative Conference in a timely manner all
information requested by the Chairman to comply with the
requirements of subsections (e), (f), and (g).''.
(b) Court Cases.--Section 2412(d) of title 28, United States
Code, is amended by adding at the end the following:
``(5)(A) The Chairman of the Administrative Conference of the
United States shall submit to the Congress, not later than
March 31 of each year through the 6th calendar year beginning
after the initial report under this paragraph is submitted, a
report on the amount of fees and other expenses awarded during
the preceding fiscal year pursuant to this subsection. The
report shall describe the number, nature, and amount of the
awards, the claims involved in each controversy, and any other
relevant information that may aid the Congress in evaluating
the scope and impact of such awards. The report shall be made
available to the public online.
``(B)(i) The report required by 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 nondisclosure provisions.
``(ii) The disclosure of fees and other expenses required
under clause (i) does not affect any other information that is
subject to nondisclosure provisions in the settlement
agreement.
``(C) The Chairman of the Administrative Conference shall
include and clearly identify in the 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 from 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) The Chairman of the Administrative Conference shall
create and maintain, during the period beginning on the date
the initial report under paragraph (5) is submitted and ending
one year after the date on which the final report under that
paragraph is submitted, online a searchable database containing
the following information with respect to each award of fees
and other expenses under this subsection:
``(A) The case name and number.
``(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 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).''.
(c) Clerical Amendments.--Section 2412 of title 28, United
States Code, is amended--
(1) in subsection (d)(3), by striking ``United States
Code,''; and
(2) in subsection (e)--
(A) by striking ``of section 2412 of title
28, United States Code,'' and inserting ``of
this section''; and
(B) by striking ``of such title'' and
inserting ``of this title''.
(d) Effective Date.--
(1) In general.--The amendments made by subsections
(a) and (b) shall first apply with respect to awards of
fees and other expenses that are made on or after the
date of the enactment of this Act.
(2) Initial reports.--The first reports required by
section 504(e) of title 5, United States Code, and
section 2412(d)(5) of title 28, United States Code,
shall be submitted not later than March 31 of the
calendar year following the first calendar year in
which a fiscal year begins after the date of the
enactment of this Act.
(3) Online databases.--The online databases required
by section 504(f) of title 5, United States Code, and
section 2412(d)(6) of title 28, United States Code,
shall be established as soon as practicable after the
date of the enactment of this Act, but in no case later
than the date on which the first reports under section
504(e) of title 5, United States Code, and section
2412(d)(5) of title 28, United States Code, are
required to be submitted under paragraph (2) of this
subsection.
----------
2. An Amendment To Be Offered by Representative Beyer of Virginia or
His Designee, Debatable for 10 Minutes
Page 9, strike ``and'' after the semicolon at line 14, strike
the period at line 16 and insert ``; and'', and after line 16
insert the following:
(5) prohibits use of the location by any individual
who is prohibited from purchasing a firearm by section
922(g) of title 18, United States Code.
Page 10, strike ``and'' after the semicolon at line 6, strike
the closing quotation marks and period at line 8 and insert
``and'', and after line 8 insert the following:
``(E) prohibits use of the location by any
individual who is prohibited from purchasing a
firearm by section 922(g) of title 18, United
States Code.''.
----------
3. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Beginning at page 14, line 3, strike title III.
----------
4. An Amendment To Be Offered by Representative Bustos of Illinois or
Her Designee, Debatable for 10 Minutes
Page 20, line 19, strike ``; and'' and insert a semicolon.
Page 20, line 21, strike the period and insert ``; and''.
Page 20, after line 21, insert the following:
``(viii) Administrator of the Small
Business Administration or designated
representative.
5. An Amendment To Be Offered by Representative Smith of Missouri or
His Designee, Debatable for 10 Minutes
Page 49, line 20, after the period, insert ``Such closures
shall be clearly marked with signs and dates of closures, and
shall not include gates, chains, walls, or other barriers on
the hunter access corridor.''.
----------
6. An Amendment To Be Offered by Representative Meng of New York or Her
Designee, Debatable for 10 Minutes
Page 59, line 10, strike ``officer'' and insert ``officers''.
Page 59, beginning at line 16, strike ``officer'' and insert
``officers''.
Page 59, line 20, strike ``one''.
Page 59, line 21, strike ``officer'' and insert ``officers''.
----------
7. An Amendment To Be Offered by Representative Huffman of California
or His Designee, Debatable for 10 Minutes
At the end of title X add the following:
SEC. __ GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
Not later than 90 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct a study examining the effects of a ban of the trade in
of fossilized ivory from mammoths and mastodons on the illegal
importation and trade of African and Asian elephant ivory
within the United States, with the exception of importation or
trade thereof related to museum exhibitions or scientific
research, and report to Congress the findings of such study.
----------
8. An Amendment To Be Offered by Representative Beyer of Virginia or
His Designee, Debatable for 10 Minutes
Beginning at page 69, line 1, strike title XIV.
----------
9. An Amendment To Be Offered by Representative Smith of Missouri or
His Designee, Debatable for 10 Minutes
Page 71, Line 13, insert ``the Mark Twain National Forest in
the State of Missouri,'' after ``Mississippi,''.
----------
10. An Amendment To Be Offered by Representative Newhouse of Washington
or His Designee, Debatable for 10 Minutes
After section 1502, insert the following:
SEC. 1503. PUBLICATION OF CLOSURE OF ROADS IN FORESTS.
The Chief of the Forest Service shall publish a notice in the
Federal Register for the closure of any public road on Forest
System lands, along with a justification for the closure.
----------
11. An Amendment To Be Offered by Representative Fleming of Louisiana
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
TITLE XVII--UTILITY TERRAIN VEHICLES
SEC. 1701. UTILITY TERRAIN VEHICLES IN KISATCHIE NATIONAL FOREST.
(a) In General.--The Forest Administrator shall amend the
applicable travel plan to allow utility terrain vehicles access
on all roads nominated by the Secretary of Louisiana Wildlife
and Fisheries in the Kisatchie National Forest, except when
such designation would pose an unacceptable safety risk, in
which case the Forest Administrator shall publish a notice in
the Federal Register with a justification for the closure.
(b) Utility Terrain Vehicles Defined.--For purposes of this
section, the term ``utility terrain vehicle''--
(1) means any recreational motor vehicle designed for
and capable of travel over designated roads, traveling
on four or more tires with a maximum tire width of 27
inches, a maximum wheel cleat or lug of \3/4\ of an
inch, a minimum width of 50 inches but not exceeding 74
inches, a minimum weight of at least 700 pounds but not
exceeding 2,000 pounds, and a minimum wheelbase of 61
inches but not exceeding 110 inches;
(2) includes vehicles not equipped with a
certification label as required by part 567.4 of title
49, Code of Federal Regulations; and
(3) does not include golf carts, vehicles specially
designed to carry a disabled person, or vehicles
otherwise registered under section 32.299 of the
Louisiana State statutes.
----------
12. An Amendment To Be Offered by Representative Griffith of Virginia
or His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE XVII--INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION
SEC. 1701. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.
(a) In General.--Section 926A of title 18, United States
Code, is amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
``(a) Notwithstanding any provision of any law, rule, or
regulation of a State or any political subdivision thereof:
``(1) A person who is not prohibited by this chapter
from possessing, transporting, shipping, or receiving a
firearm or ammunition shall be entitled to transport a
firearm for any lawful purpose from any place where the
person may lawfully possess, carry, or transport the
firearm to any other such place if, during the
transportation, the firearm is unloaded, and--
``(A) if the transportation is by motor
vehicle, the firearm is not directly accessible
from the passenger compartment of the vehicle,
and, if the vehicle is without a compartment
separate from the passenger compartment, the
firearm is in a locked container other than the
glove compartment or console, or is secured by
a secure gun storage or safety device; or
``(B) if the transportation is by other
means, the firearm is in a locked container or
secured by a secure gun storage or safety
device.
``(2) A person who is not prohibited by this chapter
from possessing, transporting, shipping, or receiving a
firearm or ammunition shall be entitled to transport
ammunition for any lawful purpose from any place where
the person may lawfully possess, carry, or transport
the ammunition, to any other such place if, during the
transportation, the ammunition is not loaded into a
firearm, and--
``(A) if the transportation is by motor
vehicle, the ammunition is not directly
accessible from the passenger compartment of
the vehicle, and, if the vehicle is without a
compartment separate from the passenger
compartment, the ammunition is in a locked
container other than the glove compartment or
console; or
``(B) if the transportation is by other
means, the ammunition is in a locked container.
``(b) In subsection (a), the term `transport' includes
staying in temporary lodging overnight, stopping for food,
fuel, vehicle maintenance, an emergency, medical treatment, and
any other activity incidental to the transport, but does not
include transportation--
``(1) with the intent to commit a crime punishable by
imprisonment for a term exceeding one year that
involves the use or threatened use of force against
another; or
``(2) with knowledge, or reasonable cause to believe,
that such a crime is to be committed in the course of,
or arising from, the transportation.
``(c)(1) A person who is transporting a firearm or ammunition
may not be arrested or otherwise detained for violation of any
law or any rule or regulation of a State or any political
subdivision thereof related to the possession, transportation,
or carrying of firearms, unless there is probable cause to
believe that the person is doing so in a manner not provided
for in subsection (a).
``(2) When a person asserts this section as a defense in a
criminal proceeding, the prosecution shall bear the burden of
proving, beyond a reasonable doubt, that the conduct of the
person did not satisfy the conditions set forth in subsection
(a).
``(3) When a person successfully asserts this section as a
defense in a criminal proceeding, the court shall award the
prevailing defendant a reasonable attorney's fee.
``(d)(1) A person who is deprived of any right, privilege, or
immunity secured by this section, section 926B or 926C, under
color of any statute, ordinance, regulation, custom, or usage
of any State or any political subdivision thereof, may bring an
action in any appropriate court against any other person,
including a State or political subdivision thereof, who causes
the person to be subject to the deprivation, for damages and
other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an
action brought under paragraph (1) damages and such other
relief as the court deems appropriate, including a reasonable
attorney's fee.''.
(b) Clerical Amendment.--The table of sections for such
chapter is amended in the item relating to section 926A by
striking ``firearms'' and inserting ``firearms or ammunition''.
----------
13. An Amendment To Be Offered by Representative Heck of Nevada or His
Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
TITLE XVII--GOOD SAMARITAN SEARCH AND RECOVERY
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Good Samaritan Search and
Recovery Act''.
SEC. 1702. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND.
(a) Definitions.--In this section:
(1) Eligible.--The term ``eligible'', with respect to
an organization or individual, means that the
organization or individual, respectively, is--
(A) acting in a not-for-profit capacity; and
(B) composed entirely of members who, at the
time of the good Samaritan search-and-recovery
mission, have attained the age of majority
under the law of the State where the mission
takes place.
(2) Good samaritan search-and-recovery mission.--The
term ``good Samaritan search-and-recovery mission''
means a search conducted by an eligible organization or
individual for 1 or more missing individuals believed
to be deceased at the time that the search is
initiated.
(3) Secretary.--The term ``Secretary'' means the
Secretary of the Interior or the Secretary of
Agriculture, as applicable.
(b) Process.--
(1) In general.--Each Secretary shall develop and
implement a process to expedite access to Federal land
under the administrative jurisdiction of the Secretary
for eligible organizations and individuals to request
access to Federal land to conduct good Samaritan
search-and-recovery missions.
(2) Inclusions.--The process developed and
implemented under this subsection shall include
provisions to clarify that--
(A) an eligible organization or individual
granted access under this section--
(i) shall be acting for private
purposes; and
(ii) shall not be considered to be a
Federal volunteer;
(B) an eligible organization or individual
conducting a good Samaritan search-and-recovery
mission under this section shall not be
considered to be a volunteer under section
102301(c) of title 54, United States Code;
(C) chapter 171 of title 28, United States
Code (commonly known as the ``Federal Tort
Claims Act''), shall not apply to an eligible
organization or individual carrying out a
privately requested good Samaritan search-and-
recovery mission under this section; and
(D) an eligible organization or entity who
conducts a good Samaritan search-and-recovery
mission under this section shall serve without
pay from the Federal Government for such
service.
(c) Release of Federal Government From Liability.--The
Secretary shall not require an eligible organization or
individual to have liability insurance as a condition of
accessing Federal land under this section, if the eligible
organization or individual--
(1) acknowledges and consents, in writing, to the
provisions described in subparagraphs (A) through (D)
of subsection (b)(2); and
(2) signs a waiver releasing the Federal Government
from all liability relating to the access granted under
this section and agrees to indemnify and hold harmless
the United States from any claims or lawsuits arising
from any conduct by the eligible organization or
individual on Federal land.
(d) Approval and Denial of Requests.--
(1) In general.--The Secretary shall notify an
eligible organization or individual of the approval or
denial of a request by the eligible organization or
individual to carry out a good Samaritan search-and-
recovery mission under this section by not later than
48 hours after the request is made.
(2) Denials.--If the Secretary denies a request from
an eligible organization or individual to carry out a
good Samaritan search-and-recovery mission under this
section, the Secretary shall notify the eligible
organization or individual of--
(A) the reason for the denial of the request;
and
(B) any actions that the eligible
organization or individual can take to meet the
requirements for the request to be approved.
(e) Partnerships.--Each Secretary shall develop search-and-
recovery-focused partnerships with search-and-recovery
organizations--
(1) to coordinate good Samaritan search-and-recovery
missions on Federal land under the administrative
jurisdiction of the Secretary; and
(2) to expedite and accelerate good Samaritan search-
and-recovery mission efforts for missing individuals on
Federal land under the administrative jurisdiction of
the Secretary.
(f) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretaries shall submit to Congress
a joint report describing--
(1) plans to develop partnerships described in
subsection (e)(1); and
(2) efforts carried out to expedite and accelerate
good Samaritan search-and-recovery mission efforts for
missing individuals on Federal land under the
administrative jurisdiction of each Secretary pursuant
to subsection (e)(2).
----------
14. An Amendment To Be Offered by Representative Ribble of Wisconsin or
His Designee, Debatable for 10 Minutes
At the end of the bill add the following:
TITLE __--GRAY WOLVES
SEC. _01. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN THE WESTERN
GREAT LAKES.
Before the end of the 60-day period beginning on the date of
enactment of this Act, the Secretary of the Interior shall
reissue the final rule published on December 28, 2011 (76 Fed.
Reg. 81666), without regard to any other provision of statute
or regulation that applies to issuance of such rule. Such
reissuance shall not be subject to judicial review.
SEC. _02. REISSUANCE OF FINAL RULE REGARDING GRAY WOLVES IN WYOMING.
Before the end of the 60-day period beginning on the date of
enactment of this Act, the Secretary of the Interior shall
reissue the final rule published on September 10, 2012 (77 Fed.
Reg. 55530), without regard to any other provision of statute
or regulation that applies to issuance of such rule. Such
reissuance shall not be subject to judicial review.
----------
15. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--MISCELLANEOUS PROVISIONS
SEC. _01. PROHIBITION ON ISSUANCE OF FINAL RULE.
The Director of the United States Fish and Wildlife Service
shall not issue a final rule that--
(1) succeeds the proposed rule entitled ``Non-
Subsistence Take of Wildlife, and Public Participation
and Closure Procedures, on National Wildlife Refuges in
Alaska'' (81 Fed. Reg. 887 (January 8, 2016)); or
(2) is substantially similar to that proposed rule.
SEC. _02. WITHDRAWAL OF EXISTING RULE REGARDING HUNTING AND TRAPPING IN
ALASKA.
The Director of the National Park Service shall withdraw the
final rule entitled ``Alaska; Hunting and Trapping in National
Preserves'' (80 Fed. Reg. 64325 (October 23, 2015)) by not
later than 30 days after the date of the enactment of this Act,
and shall not issue a rule that is substantially similar to
that rule.
----------
16. An Amendment To Be Offered by Representative Huffman of California
or His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--PRESERVATION OF ARCTIC COASTAL PLAIN AS WILDERNESS
SEC. _01. SHORT TITLE.
This title may be cited as the ``Udall-Eisenhower Arctic
Wilderness Act''.
SEC. _02. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--The Congress finds the following:
(1) Americans cherish the continued existence of
expansive, unspoiled wilderness ecosystems and wildlife
found on their public lands, and feel a strong moral
responsibility to protect this wilderness heritage as
an enduring resource to bequeath undisturbed to future
generations of Americans.
(2) It is widely believed by ecologists, wildlife
scientists, public land specialists, and other experts
that the wilderness ecosystem centered around and
dependent upon the Arctic coastal plain of the Arctic
National Wildlife Refuge, Alaska, represents the very
epitome of a primeval wilderness ecosystem and
constitutes the greatest wilderness area and diversity
of wildlife habitats of its kind in the United States.
(3) President Dwight D. Eisenhower initiated
protection of the wilderness values of the Arctic
coastal plain in 1960 when he set aside 8,900,000 acres
establishing the Arctic National Wildlife Range
expressly ``for the purpose of preserving unique
wildlife, wilderness and recreational values''.
(4) In 1980, when the Congress acted to strengthen
the protective management of the Eisenhower-designated
area with the enactment of the Alaska National Interest
Lands Conservation Act (Public Law 96-487),
Representative Morris K. Udall led the effort to more
than double the size of the Arctic National Wildlife
Refuge and extend statutory wilderness protection to
most of the original area.
(5) Before the enactment of the Alaska National
Interest Lands Conservation Act, the House of
Representatives twice passed legislation that would
have protected the entire Eisenhower-designated area as
wilderness, including the Arctic coastal plain.
(6) A majority of Americans have supported and
continue to support preserving and protecting the
Arctic National Wildlife Refuge, including the Arctic
coastal plain, from any industrial development and
consider oil and gas exploration and development in
particular to be incompatible with the purposes for
which this incomparable wilderness ecosystem has been
set aside.
(7) When the Arctic National Wildlife Refuge was
established in 1980 by paragraph (2) of section 303 of
the Alaska National Interest Lands Conservation Act
(Public Law 96-487; 94 Stat. 2390; 16 U.S.C. 668dd
note), subparagraph (B)(iii) of such paragraph
specifically stated that one of the purposes for which
the Arctic National Wildlife Refuge is established and
managed would be to provide the opportunity for
continued subsistence uses by local residents, and,
therefore, the lands designated as wilderness within
the Refuge, including the area designated by this
title, are and will continue to be managed consistent
with such subparagraph.
(8) Canada has taken action to preserve those
portions of the wilderness ecosystem of the Arctic that
exist on its side of the international border and
provides strong legal protection for the habitat of the
Porcupine River caribou herd that migrates annually
through both countries to calve on the Arctic coastal
plain.
(9) The extension of full wilderness protection for
the Arctic coastal plain within the Arctic National
Wildlife Refuge will still leave most of the North
Slope of Alaska available for the development of energy
resources, which will allow Alaska to continue to
contribute significantly to meeting the energy needs of
the United States without despoiling the unique Arctic
coastal plain of the Arctic National Wildlife Refuge.
(b) Statement of Policy.--The Congress hereby declares that
it is the policy of the United States--
(1) to honor the decades of bipartisan efforts that
have increasingly protected the great wilderness
ecosystem of the Arctic coastal plain;
(2) to sustain this natural treasure for the current
generation of Americans; and
(3) to do everything possible to protect and preserve
this magnificent natural ecosystem so that it may be
bequeathed in its unspoiled natural condition to future
generations of Americans.
SEC. _03. DESIGNATION OF ADDITIONAL WILDERNESS, ARCTIC NATIONAL
WILDLIFE REFUGE, ALASKA.
(a) Inclusion of Arctic Coastal Plain.--In furtherance of the
Wilderness Act (16 U.S.C. 1131 et seq.), an area within the
Arctic National Wildlife Refuge in the State of Alaska
comprising approximately 1,559,538 acres, as generally depicted
on a map entitled ``Arctic National Wildlife Refuge--1002 Area
Alternative E--Wilderness Designation'' and dated October 28,
1991, is hereby designated as wilderness and, therefore, as a
component of the National Wilderness Preservation System. The
map referred to in this subsection shall be available for
inspection in the offices of the Secretary of the Interior.
(b) Administration.--The Secretary of the Interior shall
administer the area designated as wilderness by subsection (a)
in accordance with the Wilderness Act as part of the wilderness
area already in existence within the Arctic National Wildlife
Refuge as of the date of the enactment of this Act.
----------
17. An Amendment To Be Offered by Representative Lowenthal of
California or His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--MISCELLANEOUS PROVISIONS
SEC. __. PERIODIC INCREASE IN PRICE OF MIGRATORY BIRD HUNTING AND
CONSERVATION STAMP TO ACCOUNT FOR INFLATION.
Section 2 of the Migratory Bird Hunting and Conservation
Stamp Act (16 U.S.C. 718b) is amended--
(1) in subsection (b), by striking ``The Postal'' and
inserting ``Except as provided in subsections (c) and
(d), the Postal''; and
(2) by adding at the end of the following:
``(d) Increase in Price of Stamp.--
``(1) Increase authorized.--The Secretary may, after
notice and public comment, increase the price of each
stamp sold under this section by an amount not to
exceed $10 for a hunting year if the Secretary
determines the increase--
``(A) is commensurate with the level of
inflation as determined by the adjustments in
the Consumer Price Index since the last
increase; and
``(B) is approved unanimously by the
Migratory Bird Conservation Commission.
``(2) Effective date of increase.--An increase in
price under paragraph (1) shall take effect--
``(A) no earlier than 2 years after the
effective date of the last increase in price;
and
``(B) no later than January 1 of the calendar
year preceding the hunting year.''.
[all]