[Senate Report 114-183]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 328
114th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {     114-183

======================================================================



 
                        SPORTSMEN'S ACT OF 2015

                                _______
                                

               December 16, 2015.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 556]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 556) to protect and enhance opportunities 
for recreational hunting, fishing, and shooting, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment in the nature of a substitute and an 
amendment to the title and recommends that the bill, as 
amended, do pass.

                                CONTENTS

                                                                   Page
Amendments.......................................................     1
Purpose of the Measure...........................................    11
Background and Need..............................................    11
Legislative History..............................................    13
Committee Recommendation and Tabulation of Votes.................    14
Committee Amendments.............................................    14
Section-by-Section Analysis......................................    15
Cost and Budgetary Considerations................................    19
Regulatory Impact Evaluation.....................................    19
Congressionally Directed Spending................................    19
Executive Communications.........................................    19
Changes in Existing Law..........................................    34

    The amendments are as follows:
    1. Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sportsmen's Act of 
2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

                        TITLE I--NATIONAL POLICY

Sec. 101. Congressional declaration of national policy.

              TITLE II--SPORTSMEN'S ACCESS TO FEDERAL LAND

Sec. 201. Definitions.
Sec. 202. Federal land open to hunting, fishing, and recreational 
shooting.
Sec. 203. Closure of Federal land to hunting, fishing, and recreational 
shooting.
Sec. 204. Shooting ranges.
Sec. 205. Federal action transparency.

       TITLE III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND

Sec. 301. Commercial filming.

   TITLE IV--BOWS, WILDLIFE MANAGEMENT, AND ACCESS OPPORTUNITIES FOR 
                    RECREATION, HUNTING, AND FISHING

Sec. 401. Bows in parks.
Sec. 402. Wildlife management in parks.
Sec. 403. Identifying opportunities for recreation, hunting, and 
fishing on Federal land.

           TITLE V--FEDERAL LAND TRANSACTION FACILITATION ACT

Sec. 501. Federal Land Transaction Facilitation Act.

                 TITLE VI--CONSERVATION REAUTHORIZATION

Sec. 601. National Park Service Maintenance and Revitalization 
Conservation Fund.
Sec. 602. Land and Water Conservation Fund.
Sec. 603. Historic Preservation Fund.

                        TITLE VII--MISCELLANEOUS

Sec. 701. Respect for treaties and rights.
Sec. 702. No priority.

                        TITLE I--NATIONAL POLICY

SEC. 101. CONGRESSIONAL DECLARATION OF NATIONAL POLICY.

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

              TITLE II--SPORTSMEN'S ACCESS TO FEDERAL LAND

SEC. 201. DEFINITIONS.

    In this title:
          (1) Federal land.--The term ``Federal land'' means--
                  (A) any land in the National Forest System (as 
                defined in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a))) that is administered by the Secretary of 
                Agriculture, acting through the Chief of the Forest 
                Service; and
                  (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)), the surface of which is administered by 
                the Secretary 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. 202. FEDERAL LAND OPEN TO HUNTING, FISHING, AND RECREATIONAL 
                    SHOOTING.

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

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

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

SEC. 204. SHOOTING RANGES.

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

SEC. 205. FEDERAL ACTION TRANSPARENCY.

      (a) Modification of Equal Access to Justice Provisions.--
          (1) Agency proceedings.--Section 504 of title 5, United 
        States Code, is amended--
                  (A) in subsection (c)(1), by striking ``, United 
                States Code'';
                  (B) by redesignating subsection (f) as subsection 
                (i); and
                  (C) by striking subsection (e) and inserting the 
                following:
    ``(e)(1) Not later than March 31 of the first fiscal year beginning 
after the date of enactment of the Sportsmen's Act of 2015, and every 
fiscal year thereafter, the Chairman of the Administrative Conference 
of the United States, after consultation with the Chief Counsel for 
Advocacy of the Small Business Administration, shall submit to Congress 
and make publicly available online a report on the amount of fees and 
other expenses awarded during the preceding fiscal year under this 
section.
    ``(2) Each report under paragraph (1) shall describe the number, 
nature, and amount of the awards, the claims involved in the 
controversy, and any other relevant information that may aid Congress 
in evaluating the scope and impact of such awards.
    ``(3)(A) Each report under paragraph (1) shall account for all 
payments of fees and other expenses awarded under this section that are 
made pursuant to a settlement agreement, regardless of whether the 
settlement agreement is sealed or otherwise subject to a nondisclosure 
provision.
    ``(B) The disclosure of fees and other expenses required under 
subparagraph (A) shall not affect any other information that is subject 
to a nondisclosure provision in a settlement agreement.
    ``(f) As soon as practicable, and in any event not later than the 
date on which the first report under subsection (e)(1) is required to 
be submitted, the Chairman of the Administrative Conference of the 
United States shall create and maintain online a searchable database 
containing, with respect to each award of fees and other expenses under 
this section made on or after the date of enactment of the Sportsmen's 
Act of 2015, 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.
          ``(5) The amount of the award.
          ``(6) The basis for the finding that the position of the 
        agency concerned was not substantially justified.
    ``(g) The online searchable database described in subsection (f) 
may not reveal any information the disclosure of which is prohibited by 
law or a court order.
    ``(h) The head of each agency shall provide to the Chairman of the 
Administrative Conference of the United States in a timely manner all 
information requested by the Chairman to comply with the requirements 
of subsections (e), (f), and (g).''.
          (2) Court cases.--Section 2412(d) of title 28, United States 
        Code, is amended by adding at the end the following:
          ``(5)(A) Not later than March 31 of the first fiscal year 
        beginning after the date of enactment of the Sportsmen's Act of 
        2015, and every fiscal year thereafter, the Chairman of the 
        Administrative Conference of the United States shall submit to 
        Congress and make publicly available online a report on the 
        amount of fees and other expenses awarded during the preceding 
        fiscal year pursuant to this subsection.
          ``(B) Each report under subparagraph (A) shall describe the 
        number, nature, and amount of the awards, the claims involved 
        in the controversy, and any other relevant information that may 
        aid Congress in evaluating the scope and impact of such awards.
          ``(C)(i) Each report under subparagraph (A) shall account for 
        all payments of fees and other expenses awarded under this 
        subsection that are made pursuant to a settlement agreement, 
        regardless of whether the settlement agreement is sealed or 
        otherwise subject to a nondisclosure provision.
          ``(ii) The disclosure of fees and other expenses required 
        under clause (i) shall not affect any other information that is 
        subject to a nondisclosure provision in a settlement agreement.
          ``(D) The Chairman of the Administrative Conference of the 
        United States shall include and clearly identify in each annual 
        report under subparagraph (A), for each case in which an award 
        of fees and other expenses is included in the report--
                  ``(i) any amounts paid under section 1304 of title 31 
                for a judgment in the case;
                  ``(ii) the amount of the award of fees and other 
                expenses; and
                  ``(iii) the statute under which the plaintiff filed 
                suit.
          ``(6) As soon as practicable, and in any event not later than 
        the date on which the first report under paragraph (5)(A) is 
        required to be submitted, the Chairman of the Administrative 
        Conference of the United States shall create and maintain 
        online a searchable database containing, with respect to each 
        award of fees and other expenses under this subsection made on 
        or after the date of enactment of the Sportsmen's Act of 2015, 
        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.
                  ``(D) A description of the claims in the case.
                  ``(E) The amount of the award.
                  ``(F) The basis for the finding that the position of 
                the agency concerned was not substantially justified.
          ``(7) The online searchable database described in paragraph 
        (6) may not reveal any information the disclosure of which is 
        prohibited by law or a court order.
          ``(8) The head of each agency (including the Attorney General 
        of the United States) shall provide to the Chairman of the 
        Administrative Conference of the United States in a timely 
        manner all information requested by the Chairman to comply with 
        the requirements of paragraphs (5), (6), and (7).''.
          (3) Technical and conforming amendments.--Section 2412 of 
        title 28, United States Code, is amended--
                  (A) in subsection (d)(3), by striking ``United States 
                Code,''; and
                  (B) in subsection (e)--
                          (i) by striking ``of section 2412 of title 
                        28, United States Code,'' and inserting ``of 
                        this section''; and
                          (ii) by striking ``of such title'' and 
                        inserting ``of this title''.
    (b) Judgment Fund Transparency.--Section 1304 of title 31, United 
States Code, is amended by adding at the end the following:
    ``(d) Beginning not later than the date that is 60 days after the 
date of enactment of the Sportsmen's Act of 2015, 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.''.

       TITLE III--FILMING ON FEDERAL LAND MANAGEMENT AGENCY LAND

SEC. 301. COMMERCIAL FILMING.

    (a) In General.--Section 1 of Public Law 106-206 (16 U.S.C. 460l-
6d) is amended--
          (1) by redesignating subsections (a) through (f) as 
        subsections (b) through (g), respectively;
          (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Definition of Secretary.--The term `Secretary' means the 
Secretary of the Interior or the Secretary of Agriculture, as 
applicable, with respect to land under the respective jurisdiction of 
the Secretary.'';
          (3) in subsection (b) (as so redesignated)--
                  (A) in paragraph (1)--
                          (i) in the first sentence, 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 Sportsmen's Act of 2015, to enhance 
        consistency in the management of Federal land, the Secretaries 
        shall publish a single joint land use fee schedule for 
        commercial filming and still photography.'';
          (4) in subsection (c) (as so redesignated), in the second 
        sentence, by striking ``subsection (a)'' and inserting 
        ``subsection (b)'';
          (5) in subsection (d) (as so redesignated), in the heading, 
        by inserting ``Commercial'' before ``Still'';
          (6) in paragraph (1) of subsection (f) (as so redesignated), 
        by inserting ``in accordance with the Federal Lands Recreation 
        Enhancement Act (16 U.S.C. 6801 et seq.),'' after ``without 
        further appropriation,'';
          (7) in subsection (g) (as so redesignated)--
                  (A) by striking ``The Secretary shall'' and inserting 
                the following:
          ``(1) In general.--The Secretary shall''; and
                  (B) by adding at the end the following:
          ``(2) Considerations.--The Secretary shall not consider 
        subject matter or content as a criterion for issuing or denying 
        a permit under this Act.''; and
          (8) by adding at the end the following:
    ``(h) Exemption From Commercial Filming or Still Photography 
Permits and Fees.--The Secretary shall not require persons holding 
commercial use authorizations or special recreation permits to obtain 
an additional permit or pay a fee for commercial filming or still 
photography under this Act if the filming or photography conducted is--
          ``(1) incidental to the permitted activity that is the 
        subject of the commercial use authorization or special 
        recreation permit; and
          ``(2) the holder of the commercial use authorization or 
        special recreation permit is an individual or small business 
        concern (within the meaning of section 3 of the Small Business 
        Act (15 U.S.C. 632)).
    ``(i) Exception From Certain Fees.--Commercial filming or 
commercial still photography shall be exempt from fees under this Act, 
but not from recovery of costs under subsection (c), if the activity--
          ``(1) is conducted by an entity that is a small business 
        concern (within the meaning of section 3 of the Small Business 
        Act (15 U.S.C. 632));
          ``(2) is conducted by a crew of not more than 3 individuals; 
        and
          ``(3) uses only a camera and tripod.
    ``(j) Applicability to News Gathering Activities.--
          ``(1) In general.--News gathering shall not be considered a 
        commercial activity.
          ``(2) Included activities.--In this subsection, the term 
        `news gathering' includes, at a minimum, the gathering, 
        recording, and filming of news and information related to news 
        in any medium.''.
    (b) Conforming Amendments.--Chapter 1009 of title 54, United States 
Code, is amended--
          (1) by striking section 100905; and
          (2) in the table of contents, by striking the item relating 
        to section 100905.

   TITLE IV--BOWS, WILDLIFE MANAGEMENT, AND ACCESS OPPORTUNITIES FOR 
                    RECREATION, HUNTING, AND FISHING

SEC. 401. BOWS IN PARKS.

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

``Sec.  104908. Bows in parks

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

``104908. Bows in parks.''.

SEC. 402. WILDLIFE MANAGEMENT IN PARKS.

    (a) In general.--Chapter 1049 of title 54, United States Code (as 
amended by section 401(a)), is amended by adding at the end the 
following:

``SEC. 104909. WILDLIFE MANAGEMENT IN PARKS.

    ``(a) Use of Qualified Volunteers.--If the Secretary determines it 
is necessary to reduce the size of a wildlife population on System land 
in accordance with applicable law (including regulations), the 
Secretary may use qualified volunteers to assist in carrying out 
wildlife management on System land.
    ``(b) Requirements for Qualified Volunteers.-- Qualified volunteers 
providing assistance under subsection (a) shall be subject to--
          ``(1) any training requirements or qualifications established 
        by the Secretary; and
          ``(2) any other terms and conditions that the Secretary may 
        require.''.
    (b) Clerical Amendment.--The table of sections for chapter 1049 of 
title 54 (as amended by section 401(b)), United States Code, is amended 
by inserting after the item relating to section 104907 the following:

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

SEC. 403. 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 land owner 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.

           TITLE V--FEDERAL LAND TRANSACTION FACILITATION ACT

SEC. 501. 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)--
                  (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. 460 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.

                 TITLE VI--CONSERVATION REAUTHORIZATION

SEC. 601. NATIONAL PARK SERVICE MAINTENANCE AND REVITALIZATION 
                    CONSERVATION FUND.

    (a) In General.--Chapter 1049 of title 54, United States Code (as 
amended by section 402(a)), is amended by adding at the end the 
following:

``Sec.  104910. National Park Service Maintenance and Revitalization 
                    Conservation Fund

    ``(a) In General.--There is established in the Treasury a fund, to 
be known as the `National Park Service Critical Maintenance and 
Revitalization Conservation Fund' (referred to in this section as the 
`Fund').
    ``(b) Deposits to Fund.--Notwithstanding any provision of law 
providing that the proceeds shall be credited to miscellaneous receipts 
of the Treasury, for each fiscal year, there shall be deposited in the 
Fund, from revenues due and payable to the United States under section 
9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) 
$150,000,000.
    ``(c) Use and Availability.--
          ``(1) In general.--Amounts deposited in the Fund shall--
                  ``(A) be used only for the purposes described in 
                subsection (d); and
                  ``(B) be available for expenditure only after the 
                amounts are appropriated for those purposes.
          ``(2) Availability.--Any amounts in the Fund not appropriated 
        shall remain available in the Fund until appropriated.
          ``(3) No limitation.--Appropriations from the Fund pursuant 
        to this section may be made without fiscal year limitation.
    ``(d) National Park System Critical Deferred Maintenance.--The 
Secretary shall use amounts appropriated from the Fund for high-
priority deferred maintenance needs of the Service that support 
critical infrastructure and visitor services.
    ``(e) Land Acquisition Prohibition.--Amounts in the Fund shall not 
be used for land acquisition.''.
    (b) Clerical Amendment.--The table of sections for chapter 1049 of 
title 54, United States Code (as amended by section 402(b)), is amended 
by inserting after the item relating to section 104907 the following:


``104910. National Park Service Maintenance and Revitalization 
Conservation Fund.''.

SEC. 602. LAND AND WATER CONSERVATION FUND.

    (a) Reauthorization.--Section 200302 of title 54, United States 
Code, is amended--
          (1) in subsection (b), in the matter preceding paragraph (1), 
        by striking ``During the period ending September 30, 2015, 
        there'' and inserting ``There''; and
          (2) in subsection (c)(1), by striking ``through September 30, 
        2015''.
    (b) Allocation of Funds.--Section 200304 of title 54, United States 
Code, is amended--
          (1) by striking ``There'' and inserting ``(a) In General.--
        There''; and
          (2) by striking the second sentence and inserting the 
        following:
    ``(b) Allocation.--Of the appropriations from the Fund--
          ``(1) not less than 40 percent shall be used collectively for 
        Federal purposes under section 200306;
          ``(2) not less than 40 percent shall be used collectively--
                  ``(A) to provide financial assistance to States under 
                section 200305;
                  ``(B) for the Forest Legacy Program established under 
                section 7 of the Cooperative Forestry Assistance Act of 
                1978 (16 U.S.C. 2103c);
                  ``(C) for cooperative endangered species grants 
                authorized under section 6 of the Endangered Species 
                Act of 1973 (16 U.S.C. 1535); and
                  ``(D) for the American Battlefield Protection Program 
                established under chapter 3081; and ``(3) not less than 
                1.5 percent or $10,000,000, whichever is greater, shall 
                be used for projects that secure recreational public 
                access to Federal public land for hunting, fishing, or 
                other recreational purposes.''.
    (c) Conservation Easements.--Section 200306 of title 54, United 
States Code, is amended by adding at the end the following:
    ``(c) Conservation Easements.--The Secretary and the Secretary of 
Agriculture shall consider the acquisition of conservation easements 
and other similar interests in land where appropriate and feasible.''.
    (d) Acquisition Considerations.--Section 200306 of title 54, United 
States Code (as amended by subsection (c)), is amended by adding at the 
end of the following:
    ``(d) Acquisition Considerations.--The Secretary and the Secretary 
of Agriculture shall take into account the following in determining the 
land or interests in land to acquire:
          ``(1) Management efficiencies.
          ``(2) Management cost savings.
          ``(3) Geographic distribution.
          ``(4) Significance of the acquisition.
          ``(5) Urgency of the acquisition.
          ``(6) Threats to the integrity of the land to be acquired.
          ``(7) The recreational value of the land.''.

SEC. 603. HISTORIC PRESERVATION FUND.

    Section 303102 of title 54, United States Code, is amended by 
striking ``of fiscal years 2012 to 2015'' and inserting ``fiscal 
year''.

                        TITLE VII--MISCELLANEOUS

SEC. 701. RESPECT FOR TREATIES AND RIGHTS.

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

SEC. 702. NO PRIORITY.

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

    2. Amend the title so as to read: ``A bill to protect and 
enhance opportunities for hunting, fishing, and recreational 
shooting, and for other purposes.''.

                                Purpose

    The purposes of S. 556, as ordered reported are to protect 
and enhance opportunities for hunting, fishing, and 
recreational shooting on Federal lands, and to authorize other 
conservation programs related to sportsmen and other 
recreational uses on Federal lands.

                          Background and Need

    Sportsmen and women come from all over the country, from 
big cities and small towns, from the north and the south. 
Hunting and fishing are a significant element of the nation's 
economy. According to the 2013 Sportsmen's Economic Impact 
Report from the Congressional Sportsmen's Foundation, 
approximately 37.4 million people hunted or fished in America 
in 2011. That is roughly equal to the population of California, 
and those numbers are always increasing. Many sportsmen and 
women enjoy hunting, fishing and recreational shooting on 
federal public lands, which is roughly one in every four acres 
according to the 2014 Congressional Research Service report 
``Federal Land Ownership: Overview and Data.''

Sportsmen's Access to Federal Land

    Current regulations and law lack clarity regarding both 
when Bureau of Land Management (BLM) and U.S. Forest Service 
(USFS) lands are available for hunting, fishing, and 
recreational shooting and the process for notifying the public 
of temporary and permanent closures. This has led to confusion 
and uncertainty among the sportsmen's community and the general 
public regarding what areas are accessible and when. BLM 
Instruction Memorandum No. 2010-028 provides that temporary 
closures can be up to two years in length and provides no 
guarantee of the opportunity for comment by the public--this is 
suggestive of a disconnect between what temporary means in the 
mind of the public and what temporary means to a federal 
agency. S. 556 seeks to clarify and expanded upon the 
procedures that currently exist to provide for more public 
input and greater transparency.

Commercial Filming

    In 2000, Congress directed the Secretaries of the Interior 
and of Agriculture to establish a reasonable fee for commercial 
filming activities on Federal land administered by the 
Secretaries (P.L. 106-206). The agency response to the P.L. 
106-206 (as amended by P.L. 113-287) has been slow, 
inconsistent, and failed to take account of technological 
changes and development which allow filming to be done with 
minimal equipment. Thirteen years later, BLM, U.S. Fish and 
Wildlife Service (USFWS) and the National Park Service (NPS) 
finally issued a proposed fee schedule for commercial filming. 
Currently, the proposed fee schedule draws no distinctions 
between small businesses with de minimus crews and large multi-
million dollar endeavors. Additionally, there is currently no 
way for people such as guides and outfitters who have already 
obtained a commercial use authorization or special recreation 
permit to do even incidental amounts of filming, such as 
filming promotional material to advertise their guiding 
business without a duplicative permitting process. Given both 
the length of time it took to develop a proposed unified fee 
schedule and the important policy issues that are still not 
addressed by the proposal, S. 556 seeks to provide additional 
direction and clarity from Congress on these issues.
    In 2014, the USFS began the process to finalize Interim 
Directive 2709 on commercial filming in wilderness areas. The 
Interim Directive created ambiguity as to whether journalists 
have to undergo a permit process (potentially requiring them to 
disclose the story they are covering and potentially 
constituting a form of prior restraint) and pay a fee in order 
to gather news, necessitating USFS Chief Tom Tidwell to issue 
guidance clarifying that the directive does not apply to news 
gathering or recreational photography. Similar concerns have 
been raised about the applicability of the commercial filming 
law to news gathering on lands managed by the Bureaus at the 
Department of the Interior. The Sportsmen's Act therefore 
clarifies that the commercial filming statute does not apply to 
newsgathering in order to protect the Constitutional right to 
freedom of speech.
    The NPS website, under the heading ``Commercial Filming and 
Photography,'' notes that the NPS encourages filming and 
photography where it will ``promote the protection and public 
enjoyment of park resources,'' provided that the activity does 
not violate certain listed criteria including, ``[i]s 
inspirational, educational, or healthful . . .'' or ``will 
foster an understanding of, and appreciation for, park 
resources, or will promote enjoyment through a direct 
association with, interaction with, or relation to park 
resources.'' While these are all laudable goals, the NPS may 
not and should not infringe on freedom of speech rights nor 
impose prior restraints on the content of what may be filmed in 
a national park in this manner. It is perfectly legitimate for 
a filmmaker to make a film about how a national park is being 
mismanaged or that the park is a waste of tax payer money. The 
Committee sees a need to clarify that content may not be a 
criterion for granting a commercial filming permit.

Other Land Issues

    Currently, sportsmen are not allowed to carry bows--
unassembled or otherwise--in their vehicles through national 
parks. In contrast, the 2009 Credit Card Accountability 
Responsibility and Disclosure Act prohibits the Secretary of 
the Interior from promulgating or enforcing any regulation that 
bars an individual from possessing a firearm, including an 
assembled or functional firearm, in any unit of the National 
Park System or the National Wildlife Refuge System (NWRS) as 
long as that the individual is legally authorized to possess 
the firearm and the possession is in compliance with the law of 
the State in which the NPS or NWRS unit is located. The NPS 
website notes one is even allowed to carry loaded guns in 
national parks. S. 556 seeks to make Federal policy regarding 
bows and crossbows in national parks more consistent with 
current policy regarding firearms in national parks.
    In addition, there are de facto restrictions on access to 
public land due to non-federal parcels of land hindering 
access. More information is needed regarding the nature of such 
parcels. With the expiration of the Federal Land Transfer 
Facilitation Act (P.L. 106-248), local units of the BLM are no 
longer allowed to keep a portion of the proceeds from land 
sales, an important incentive for removing low priority parcels 
from government ownership.

Conservation reauthorization

    Authorizations for the Land and Water Conservation Fund 
(LWCF) (P.L. 106-248) and the Historic Preservation Fund (P.L. 
89-665) are both set to expire at the end of this fiscal year. 
At the same time, there is a significant maintenance backlog at 
some of our most treasured national parks. Title VI of the bill 
permanently reauthorizes the LWCF program in a way that 
balances land acquisition with other conservation programs 
important to states and also permanently reauthorizes the 
Historic Preservation Fund. To address the problem of needed 
maintenance at the national parks, Title VI also establishes a 
National Park Maintenance and Revitalization Fund.

                          Legislative History

    In the 112th Congress, Senator Tester introduced S. 3525 on 
September 10, 2012. The bill was placed directly on the Senate 
Calendar pursuant to rule XIV. S. 3525 was cosponsored by 14 
Senators. Cloture was invoked on the motion to proceed by a 
vote of 84 to 7 on September 22, 2012. The motion to proceed to 
consideration was agreed to on October 13, 2012 and 
consideration of amendments continued on October 15 and 
November 26, 2015. The amendment in the nature of a substitute 
offered by Senator Tester (SA 2875) was ruled out of order by 
the Chair on October 26 after a motion to waive all applicable 
budgetary discipline with respect to SA 2875 was rejected by a 
vote of 50 to 44. S. 3525 was returned to the calendar on 
November 26, 2012.
    A companion bill, H.R. 4089, was introduced in the House of 
Representatives by Representative Miller on February 27, 2012. 
H.R. 4089 had 27 cosponsors. H.R. 4089 was considered under the 
provision of H. Res. 614 and passed by the House of 
Representatives on April 17, 2012, by a vote of 276 to 146. 
H.R. 4089 was received in the Senate on April 18, 2012.
    In the 113th Congress, Senator Murkowski introduced S. 1335 
on July 18, 2013. The bill was placed directly on the Senate 
Calendar pursuant to rule XIV. S. 1335 was cosponsored by 12 
Senators. Similar legislation, S. 1996 and S. 2363, was also 
introduced by Senator Hagan on February 6, 2014 and May 20, 
2014 respectively. S. 1996 was cosponsored by 27 Senators and 
S. 2363 was cosponsored by 46 Senators. S. 2363 was placed 
directly on the Calendar pursuant to rule XIV. A cloture motion 
on S. 2363 was considered by the full Senate on July 10, 2014 
and by a vote of 41 to 56, cloture was not invoked.
    A companion bill, H.R. 3590, was introduced in the House of 
Representatives by Representative Latta on November 21, 2013. 
H.R. 3590 had 86 cosponsors. H.R. 3590 was passed by the House 
of Representatives on February 5, 2014, by a vote of 268 to 
154. It was received in the Senate on February 6, 2014 and 
placed directly on the Senate Calendar on February 10, 2014.
    In the 114th Congress, S. 405, the larger umbrella 
Bipartisan Sportsmen's bill was introduced by Senator Murkowski 
and Senators Heinrich, Risch, Heitkamp, Fischer and Manchin on 
February 5, 2015. The bill was placed on the Senate Calendar 
pursuant to rule XIV on February 9, 2015. S. 405 contains the 
provisions included in S. 556. S. 405 also contains provisions 
jurisdictional to the Committee on Environment and Public Works 
(EPW). These provisions were also introduced by Senator 
Sullivan as a separate bill, S. 659, on March 4, 2015 and 
referred to EPW. The EPW subcommittee on Fisheries, Water, and 
Wildlife held a hearing on S. 659 on March 17, 2015 (S. Hrg. 
114-24).
    A House companion bill, H.R. 2406, was introduced on May 
19, 2015 by Representative Wittman. H.R. 2406 has 36 
cosponsors. H.R. 2406 was ordered reported with an amendment in 
the nature of a substitute on October 8, 2015 by the House 
Natural Resources Committee by a vote of 21 to 15.
    S. 556 was introduced by Senator Murkowski on February 25, 
2015. The Committee on Energy and Natural Resources held a 
hearing on the bill on March 12, 2015.
    The Committee on Energy and Natural Resources met in open 
business session on November 19, 2015, and ordered S. 556 
favorably reported with an amendment in the nature of a 
substitute and an amendment to the title.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in an 
open business session on November 19, 2015, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
556, if amended as described herein. One Senator requested that 
his vote be recorded as follows:
    NAYS
    Mr. Lee

                          Committee Amendments

    During its consideration of S. 556, the Committee adopted 
an amendment in the nature of a substitute and an amendment to 
the title.
    The amendment in the nature of a substitute reorganizes the 
bill into titles by subject matter to provide greater 
definitional clarity. The amendment provides a Congressional 
declaration of nation policy building off of the Executive 
Orders related to Sportsmen's issues that shall apply to all 
departments and agencies in accordance with their missions. The 
amendment ensures public involvement and opportunity to comment 
where BLM and USFS land currently open to the public is closed 
temporarily or permanently. The amendment limits temporary 
closures to 180 days with the potential to renew the temporary 
closure three times.
    The amendment also revises and expands the commercial 
filming provisions to require a single joint land use fee 
schedule to be published within 180 days of enactment; exempts 
small crews of three or fewer individuals from having to pay 
commercial filming fees; exempts incidental filming by small 
businesses such as guides and outfitters that are already 
covered by a commercial use authorization or special recreation 
permit from having to get an additional commercial filming 
permit and pay additional fees; prevents content from being 
used as a criterion to issue or deny a commercial filming 
permit; and makes clear that newsgathering is not a commercial 
activity, thereby protecting first amendment rights to free 
speech.
    Additionally, the amendment in the nature of a substitute 
reforms and permanently reauthorizes the LWCF, permanently 
reauthorizes the Historic Preservation Fund, and establishes a 
permanent NPS Maintenance and Revitalization Fund.
    The amendment is further described in the section-by-
section analysis.

                      Section-by-Section Analysis


                        Title I--National Policy


Section 101. Congressional declaration of national policy

    Section 101 declares a national policy that all Federal 
Departments and agencies, in accordance with their missions and 
with Executive Orders 12962 and 13443, shall facilitate the 
expansion and enhancement of hunting, fishing, and recreational 
shooting opportunities, shall 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, and consider hunting, fishing, and recreational 
shooting opportunities as part of all Federal plans for land, 
resource, and travel management.

              Title II--Sportsmen's Access to Federal Land


Section 201. Definitions

    Section 201 provides definitions for this title.

Section 202. Federal land open to hunting, fishing, and recreational 
        shooting

    Section 202 provides that Federal land shall be open to 
hunting, fishing and recreational shooting unless the Secretary 
concerned closes an area in accordance with section 203.

Section 203. Closure of Federal land to hunting, fishing, and 
        recreational shooting

    Section 203 provides that 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 prohibited. Except 
in an emergency, before permanently or temporarily closing any 
Federal land to hunting, fishing, or recreational shooting, the 
Secretary concerned shallre consult with State fish and 
wildlife agencies and provide public notice and an opportunity 
for comment. Temporary closures under this section may not 
exceed a period of 180 days and may not be renewed more than 
three times after the first temporary closure. The Secretaries 
shall publish on a public website a list of all areas of 
Federal land temporarily or permanently subject to a closure 
under this section and shall submit to designated Congressional 
committees a list of areas of Federal land closed, the acreage 
of each closure and a survey of total aggregate areas and acres 
closed under this section in each State, including what 
percentage of Federal land in each State the closed areas 
represent. This section shall not apply to closures less than 
14 days in duration covered by a special use permit.

Section 204. Shooting ranges

    Section 204 provides that 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, except the 
Secretary shall not lease or permit the use of Federal land for 
a shooting range within certain specified areas.

Section 205. Federal action transparency

    Section 205 provides that the Chairman of the 
Administrative Conference of the United States (Chairman) shall 
submit to Congress and make publicly available online a report 
on the amount of fees and other expenses awarded during the 
preceding year under the Equal Access to Justice provisions (5 
U.S.C. 504). Section 205 also provides that the Chairman shall 
create and maintain online a searchable database containing 
information on award of fees and other expenses made under 
these provisions.
    The section requires that the Chairman shall submit to 
Congress and make publicly available online a report on the 
amount of fees and other expenses awarded during the preceding 
year under Section 2412 of title 28. The section also requires 
that the Chairman shall create and maintain online a searchable 
database containing information on award of fees and other 
expenses made under this section. Finally, the section requires 
that the Secretary of the Treasury shall make available to the 
public on a website information regarding payments tendered 
under Section 1304 of title 31.
    The Committee's understanding is that the addition of 
(e)(3)(A) in conjunction with (e)(3)(B) to section 504 of title 
5 means that while fees and expenses awarded will be disclosed, 
other information that is sealed or otherwise subject to a 
nondisclosure provision will not be disclosed as a result of 
this section. Additionally, the online searchable database 
described in section 504(f) of title 5 is more circumscribed so 
that it may not reveal any information which is prohibited by 
law or court order. It is also the Committee's understanding 
that provisions of section 2412(d)(5)(C)(i) and (ii) of title 
28 mean that while fees and expenses awarded will be disclosed, 
other information that is sealed or otherwise subject to a 
nondisclosure provision will not be disclosed as a result of 
this section. The online searchable database provided for in 
section 2412 of title 28 is subject to the same restrictions 
discussed above.

       Title III--Filming on Federal Land Management Agency Land


Section 301. Commercial filming

    Section 301 requires the Secretaries of the Interior and 
Agriculture to develop a single joint land use fee schedule for 
commercial filming and still photography. The section clarifies 
that commercial filming fees only apply to commercial still 
photography, not to all still photography; updates the use of 
proceeds to match use of recreational fees by providing the use 
of proceeds shall be in accordance with the Federal Lands 
Recreation Enhancement Act; and ensures the First Amendment of 
the Constitution is followed by providing that the Secretary 
shall not consider subject matter or content as a criterion for 
issuing or denying a permit under this act. The section exempts 
holders of commercial use authorizations or special recreation 
permits who are small businesses where the filming is 
incidental to the permitted activity under the commercial use 
authorization or special recreation permit from commercial 
filming or still photography permits and fees. The section also 
provides that commercial filming conducted by an entity that is 
a small business concern, with a crew of not more than three 
individuals who use only a camera and tripod, is exempt from 
fees under this act, but not from recovery of costs fees. The 
section makes clear that newsgathering activities shall not be 
considered a commercial activity under this Act.

   Title IV--Bows, Wildlife Management, and Access Opportunities for 
                    Recreation, Hunting, and Fishing


Section 401. Bows in parks

    Section 401 provides that the NPS 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 certain requirements are met.

Section 402. Wildlife management in parks

    Section 402 provides that if the Secretary determines it 
necessary to reduce the size of a wildlife population on 
National Park System land in accordance with applicable law and 
regulation, the Secretary may use qualified volunteers to 
assist in carrying out such wildlife management on such land, 
subject to such training requirements, qualifications, and 
other terms and conditions that the Secretary may require.

Section 403. Identifying opportunities for recreation, hunting, and 
        fishing on Federal land

    Section 403 directs the Secretary to prepare a priority 
list that identifies 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 purpose but to which 
there is no public access or egress or to which the public 
access or egress to the legal boundaries of the land is 
significantly restricted. The section requires that 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 another Federal 
agency, a state, local, or tribal government, or a private land 
owner. The Secretary shall develop and submit a report to 
designated Congressional committees that identifies how public 
access and egress could reasonably be provided to the legal 
boundaries in a manner that minimizes the impact on wildlife 
habitat and water quality.

           Title V--Federal Land Transaction Facilitation Act


Section 501. Federal Land Transaction Facilitation Act

    Section 501 permanently reauthorizes the Federal Land 
Transaction Facilitation Act. The section amends section 203(2) 
of FLTFA (Public Law 106-248) to make any federally designated 
area eligible for FLTFA funds, regardless of when the area was 
established, amends section 205 of FLTFA to allow any Federal 
lands identified for disposal in approved land use plans to be 
eligible for sale, and requires $1 million in sales annually 
under the program to be transferred to the general fund of the 
Treasury for each of the fiscal years 2016 through 2025, to 
offset budget scoring issues.

                 Title VI--Conservation Reauthorization


Section 601. National Park Service Maintenance and Revitalization 
        Conservation Fund

    Section 601 establishes a NPS Critical Maintenance and 
Revitalization Conservation Fund to address high-priority 
deferred maintenance needs of the NPS with a prohibition on the 
use of funds for land acquisition.

Section 602. Land and Water Conservation Fund

    Section 602 permanently reauthorizes the LWCF, and 
specifies the way in which funds may be allocated; adds two new 
set-asides, one for hunting, fishing, or other recreational 
purposes and another for recreation and conservation programs 
important to states. The section also provides that in making 
federal land acquisitions, the Secretaries shall consider 
conservation easements, and are required to take into account 
certain considerations in determining which land or interests 
in land to acquire.

Section 603. Historic Preservation Fund

    Section 603 permanently reauthorizes the Historic 
Preservation Fund.

                        Title VII--Miscellaneous


Section 701. Respect for treaties and rights

    Section 701 provides that nothing in this Act affects or 
modifies rights of Federally recognized Indian tribes and that 
nothing in this act modifies Federal law relating to migratory 
birds.

Section 702. No Priority

    Section 702 provides that nothing in this Act provides a 
preference to hunting, fishing, or recreational shooting over 
any other use of Federal land or water.

                   Cost and Budgetary Considerations

    The Congressional Budget Office estimate of the costs of 
this measure has been requested but was not received at the 
time the report was filed. When the report is available, the 
Chairman will request it to be printed in the Congressional 
Record for the advice of the Senate.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 556. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 556, as ordered reported.

                   Congressionally Directed Spending

    S. 556, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the BLM and the USFS at the March 
12, 2015 hearing on S. 556 follows:

 Statement of Steve Ellis, Deputy Director, Operations, Bureau of Land 
                 Management, Department of the Interior

    Thank you for the opportunity to discuss the views of the 
Department of the Interior on S. 556, the Bipartisan 
Sportsmen's Act of 2015. We appreciate the Committee's 
attention to the important issues of hunting, fishing, and 
other recreational uses of public lands, and we strongly 
support the goal of enhancing opportunities for recreation, 
including hunting, fishing, and target shooting, on public 
lands. We support the goals of the bill, but we have outlined 
some concerns in this statement. We look forward to working 
with the Chairman and the Committee to address these issues.
    Agencies in the Department of the Interior manage 19% of 
the Nation's land area. Providing access to quality recreation 
on public lands is one of the Department's primary missions as 
outlined in its current Strategic Plan, which commits to 
improving outdoor recreation access and increasing 
opportunities for public enjoyment of Federal lands and waters. 
In addition to drawing people of all ages outdoors to play, 
serve, learn, and work, outdoor recreation is a significant 
contributor to the national economy and the economies of 
communities that surround the lands we manage. It is important 
that we make recreational opportunities available in 
communities across the nation, to promote health and fitness, 
engage our youth, and inspire the next generations to conserve 
and protect America's precious resources. In 2012, the Outdoor 
Industry Association reported that recreation activities 
generate $646 billion dollars in spending each year and support 
6.1 million jobs. The approximately 417 million visits to DOI-
managed lands in 2012 contributed an estimated $45 billion in 
economic output to the surrounding economies through trip-
related spending.
    Because of the complexity of S. 556 and the importance of 
these issues to the Department, my statement will address each 
of the bill's provisions individually.


   recreational fishing, hunting, & recreational shooting on federal 
                         public land (sec. 101)


Background
    The Bureau of Land Management (BLM) is responsible for the 
management of 245 million acres of public land under the 
principles of multiple use and sustained yield. The BLM manages 
these public lands for a variety of uses, such as energy 
development, livestock grazing, recreation, and timber 
production, while protecting an array of natural, cultural, and 
historical resources. The BLM's recreation program is one of 
the key elements of our multiple-use mission. In the West, 
public lands are America's backyard, providing close-to-home 
outdoor recreation venues. In addition, they afford extensive 
backcountry recreation opportunities. The expansive landscapes 
and world-class recreation opportunities offered by the BLM's 
public lands are among America's greatest treasures.
    BLM maintains high quality dispersed recreation 
opportunities where visitors and recreationists are free to 
explore and discover undeveloped places in the outdoors. There 
are countless outstanding examples of fishing and hunting 
opportunities on the public lands. The BLM-managed Gunnison 
Gorge National Conservation Area is designated by the State of 
Colorado as a Gold Medal Trout Fishery and supports excellent 
rainbow, brown, and cutthroat trout populations; Wyoming BLM 
lands provide habitat for abundant herds of trophy pronghorn 
and Rocky Mountain elk; and the BLM-managed Steens Mountain 
area in Oregon supports fantastic big game hunting 
opportunities for trophy mule deer. In many places across the 
west, the BLM's remote lands are highly regarded for the 
quality of the hunting experiences they offer.
    Hunting activities and regulations on public lands are 
generally managed by State fish and wildlife agencies, and BLM-
managed lands are considered open to hunting, fishing, and 
recreational target shooting unless they have been specifically 
closed by law or to protect public safety. In rare 
circumstances, the BLM may also close areas to balance uses of 
public lands pursuant to a public land-use planning process. 
The BLM estimates that over 99 percent of BLM-managed public 
lands are open to hunting, and 99 percent of BLM-managed public 
lands are open to recreational target shooting. The most common 
restricted areas are administrative sites, campgrounds and 
other developed facilities and in a few other areas with 
intensive energy, industrial or mineral operations or nearby 
residential or community development.
Analysis
    Section 101 of S. 556 provides that Federal land-managing 
agencies other than the National Park Service (NPS) and U.S. 
Fish and Wildlife Service (USFWS) exercise their authority to 
support and facilitate use of and access to Federal land for 
hunting, fishing, and recreational shooting. This section would 
require the agencies to consider effects on hunting, fishing, 
and target shooting when developing planning documents; 
designate public lands as open to hunting and shooting unless 
they are closed for reasons authorized under the bill; and 
authorize designation of areas for target shooting. Finally, 
this section would initiate reporting requirements for any 
closures of lands to hunting or target shooting.
    The Department strongly supports the goal of promoting 
recreational fishing, hunting and shooting opportunities. Some 
of these provisions, however, appear to be duplicative of 
existing policies and may interfere with existing management 
practices. For example, the BLM already regards public lands as 
open to fishing, hunting, and shooting unless it is 
demonstrated that the activity could result in unacceptable 
resource damage or create a public health and safety hazard. 
Any determination to permanently close public lands to certain 
activities is made following extensive public involvement and 
notification through the land use planning and NEPA processes. 
Temporary closures also involve public notification through the 
Federal Register. Additionally, when developing resource 
management plans or when taking any action that may affect 
shooting sports or access, the BLM notifies over 40 hunting and 
groups, as specified in the Federal Land Hunting, Fishing and 
Shooting Sports Roundtable Memorandum of Understanding (MOU), 
expressly to help ensure that these activities and issues are 
fully considered.
    Similarly, the bill provides that the BLM may lease lands 
for shooting ranges and designate specific lands for target 
shooting. The BLM currently has and regularly uses its 
authority under the Recreation and Public Purposes Act to 
patent certain lands to cities, counties, and non-profit 
organizations for use as shooting ranges. This approach allows 
entities that are focused on the operation of shooting ranges 
and are better equipped to handle potential clean-up to 
properly manage these areas of concentrated use. Given the 
BLM's limited staff and resources, we feel strongly that the 
current approach is in the best interest of the shooting public 
and the general public.
    In addition to these duplicative requirements, some of the 
language in the section as drafted appears to contradict the 
intent of the legislation or to potentially cause confusion 
with implementation of existing laws. For instance, the BLM is 
concerned that Section 101(b)(2) may be interpreted to limit 
the Secretary's discretion and could result in legal 
uncertainty that might ultimately inhibit the BLM's efforts to 
enhance opportunities for hunting, fishing, and shooting. 
Similarly, Section 101(b)(3)(ii) appears to restrict 
consideration of cumulative effects of certain management 
actions and activities on adjacent or nearby non-Federal lands, 
which may in some cases limit the BLM's ability to respond to 
issues raised in scoping and comply with other federal laws and 
regulations. Additionally, certain language in this section may 
be interpreted to allow activities in wilderness areas that are 
not consistent with the Wilderness Act.
    The BLM supports the purposes of this section and would 
like the opportunity to work with the Chairman to ensure that 
those goals are met without unnecessary duplication or 
unintended legal consequences.


 annual permit and fee for film crews of 5 persons or fewer (sec. 102)


Background
    Under current commercial filming fee law (Public Law 106-
206), the Secretary of the Interior and Secretary of 
Agriculture are authorized to establish a fee system for 
commercial filming activities on Federal lands. The Act 
requires a permit for all commercial filming and directs the 
Secretaries to collect a cost recovery fee associated with 
processing the permit requests and monitoring the permitted 
activities, and a location or rental fee to provide a fair 
return to the United States for the use of federal lands. The 
Department of the Interior regularly receives and processes 
requests for commercial film permits under existing law.
    We welcome individuals, groups, and companies who wish to 
film the beauty and bounty of our nation's incredible public 
lands. We also understand and appreciate the interest of 
hunters and anglers in taking video and photos to record their 
own experiences and memorialize their visit to the public 
lands. It is important for Americans to see their public lands 
and--done right and under the right conditions--commercial 
filming is a very welcome and important use of our nation's 
natural areas.
Analysis
    Section 102 would establish a process for assessing fees 
and authorize access to Federal land for small commercial film 
crews. This section would amend Public Law 106-206 by requiring 
the Secretaries of the Interior and Agriculture to allow 
commercial filming crews of five persons or fewer access to all 
areas designated for public use on lands and waters under their 
purview, provided each filming crew pays one, $200 annual fee, 
and that the access is during public hours. While notification 
would be required and the Secretary could deny access under 
certain circumstances, no further restrictions could be placed 
on such film crews, including on the cameras, vehicles or other 
equipment they may use on public lands.
    The Department has concerns about the timeframes for permit 
denial established by this section of the bill. While the bill 
requires film crews to notify the managing agency 48 hours 
before filming begins, and allows the Secretary to deny access 
in certain circumstances, the Department is concerned that this 
section does not offer the Secretary the discretion needed to 
manage film crew permits most effectively. Though the Secretary 
may deny access, the section does not allow for permit 
restrictions specific to the circumstances of a filming event, 
which would limit the Department's primary mechanism for 
avoiding resource damage, user conflicts, or risks to public 
safety. Additionally, the Department feels that in most cases, 
a 48-hour notification is not sufficient to assess the 
possibility of resource damage, user conflicts, or safety risks 
that may be incurred.
    The Department is also concerned that the bill could be 
interpreted to require authorization of commercial filming in 
wilderness areas, notwithstanding the requirements and 
restrictions in the Wilderness Act. Section 4(d)(6) of the 
Wilderness Act (P.L. 88-577) states that commercial services 
may be performed in wilderness areas only to the extent 
necessary for activities that are proper for realizing the 
recreational or other wilderness purposes of the areas. Under 
this bill, some of our most pristine lands could be open to 
commercial filming, regardless of these wilderness factors. 
Since the vast majority of public lands, including wilderness, 
do not have designated hours, this use could occur and at any 
time and without consideration of potential resource impacts.
    The Department also has concerns about the fee structure in 
this section. The effects of some language in this section are 
not entirely clear. This section does not specify whether the 
single annual permit fee would be: (1) one fee applicable for 
all use on federal lands; (2) a fee that must be paid by each 
film crew to each agency, depending on the type of land being 
accessed; or (3) an annual fee to be paid for each federal land 
unit being accessed. This section also does not make clear 
whether the agencies would be authorized to recover subsequent 
costs for further monitoring that may be necessary. We also 
note that in many cases, the $200 fee may not represent a fair 
return to the taxpayer for uses authorized under this section. 
The appropriate cost recovery and location or rental fees for a 
given use may depend on the needs of the project, requirements 
for monitoring, and degree of impact to natural or cultural 
resources or the experience of other visitors.
    The Administration appreciates the needs of the many 
different visitors to the public lands. These constituencies 
include commercial film makers and videographers, and we value 
their contributions in films that educate, enlighten and 
entertain. However, it is important that all commercial filming 
activities be managed to avoid disruption to visitor activities 
and damage to natural and cultural resources, and the 
Administration cannot support this section as written because 
it does not provide sufficient discretion for the agencies to 
manage film crews as a use of public lands.


                 federal action transparency (sec. 103)


Background
    The Equal Access to Justice Act (EAJA) provides that in 
certain circumstances the Federal government pay attorney fees 
and certain expenses incurred in successful litigation against 
the Federal government. The Department of the Interior is 
committed to transparency as it works to fulfill its broad 
mission. In recent years the Department has worked to better 
understand and address litigation risks and the associated 
costs of our litigation-related activities.
Analysis
    We support efforts to increase the transparency of the EAJA 
process. We are aware that there are concerns regarding the 
role of the Administrative Conference of the United States in 
tracking expenditures pursuant to the EAJA, but defer to others 
on that issue. We note, however, that the specific reporting 
requirements under the bill would impose a substantial burden 
on the Department of the Interior by increasing staff time and 
expenses in collection, formatting, and dissemination of the 
requested information.


                      bows in the parks (sec. 104)


Background
    Sec. 104 would prohibit the Director of the NPS from 
promulgating or enforcing any regulation that prohibits an 
individual from transporting inoperable bows and crossbows 
across any unit of the National Park System in the vehicle of 
an individual if the individual is not otherwise prohibited by 
law from possessing the bows and crossbows; 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 National 
Park System land; and the possession of the bows and crossbows 
is in compliance with the law of the State in which the unit of 
the National Park System is located.
Analysis
    NPS regulations in 36 CFR 2.4 allow for the transport of an 
inoperable bow in a motor vehicle and the NPS has no intentions 
of changing this regulation. Therefore, the Department objects 
to this section because it is unnecessary. However, if the 
committee decides to continue to include this provision, we 
would recommend that it be amended to define the term 
``vehicle'' and to require that bows and crossbows, as well as 
arrows, be stored in a manner that prevents their ready use.


availability of lwcf for recreational public access projects (sec. 201)


Background
    The Land and Water Conservation Fund (LWCF) is one of the 
Nation's most effective tools for expanding access for hunting 
and fishing, conserving critical landscapes, creating places 
for children to play and learn, protecting traditional uses 
such as working ranches and farms, acquiring inholdings to 
manage contiguous landscapes, and protecting sites of historic 
and cultural significance. In FY 2014, the Department of the 
Interior received roughly $135 million in LWCF funding, which 
the Department used to consolidate and more effectively manage 
the lands for which it is responsible, and to acquire easements 
and rights-of-way to enhance public access. For the BLM, nearly 
100 percent of LWCF funding over the past several years has 
been used for projects that enhance public access for 
recreation.
Analysis
    Section 201 of the bill amends the Land and Water 
Conservation Act to require not less than the greater of 1.5% 
or $10,000,000 of the funds be directed toward public access. 
The Department supports providing acquisition of easements, 
rights-of-way, and fee title acquisitions for the purpose of 
enhancing access to public lands, and would like to note that 
access priorities can be and have been set administratively 
through the bureaus' annual LWCF prioritization process. While 
we strongly support these goals, we would prefer to consider 
creating a permanent set-aside in the context of establishing 
full and mandatory funding for the Land and Water Conservation 
Fund.


identifying opportunities for recreation, hunting, & fishing on federal 
                            land (sec. 202)


Background
            Bureau of Land Management
    BLM-managed public lands receive an estimated 60 million 
visits annually from hunters, anglers, hikers, bikers, OHV 
riders, climbers, boaters, and other recreationists. The BLM 
actively seeks to improve access to public lands and has 
conducted several comprehensive analyses that reported on acres 
of land with inadequate access. More than 90% of BLM-managed 
lands are accessible to the public for recreational purposes 
via adjacent public lands, easements, or rights-of-way. The BLM 
continually seeks opportunities to acquire access to public 
lands which are inaccessible because of private or state land 
ownership patterns that block reasonable access. The BLM uses 
input from the public obtained during the land use planning and 
transportation management planning processes to drive the 
expansion of hunting, fishing, and recreational access 
opportunities through the acquisition of easements, rights-of-
ways, and other means. BLM field offices are also continually 
updating local maps and online resources with improved access 
information that incorporate the unique user needs of each 
local area. In an effort to utilize technologies that will 
allow the public to produce and view web maps, the BLM is also 
developing an interactive web-based interface for the public to 
access BLM maps, data, and information.
            National Park Service
    The NPS manages 84 million acres of land in 407 units of 
the National Park System across the U.S. Since 1916, the 
American people have entrusted the NPS with the care of their 
National Parks. With the help of volunteers and park partners, 
the NPS is proud to safeguard these special places and to share 
their stories with visitors across the nation. Each of these 
special places reflects a fundamental truth about the American 
experience, whether it is the natural beauty of our lands or 
the historic importance of the people and events that have 
shaped this nation. In 2014, there were 292.8 million visits to 
National Parks. In 2013, our parks contributed $26.5 billion to 
the nation's economy, and supported 240,000 jobs nationwide.
            U.S. Fish and Wildlife Service
    Hunting and fishing are two priority public uses of the 
National Wildlife Refuge System. Over 500 national wildlife 
refuges and wetland management districts are open for fishing, 
wildlife watching, hunting, photography and other forms of 
recreation. Currently, 335 national wildlife refuges are open 
for hunting and 271 are open for fishing. As a way to improve 
access for all Americans, the U.S. Fish and Wildlife Service 
(FWS) manages over 3,500 small outdoor recreation facilities on 
national wildlife refuges that are accessible for hunters, 
anglers, and other outdoor enthusiasts. These small facilities 
are supported by a network of well managed roads and trails 
that enhance access for the public. Refuges rely upon 
comprehensive conservation plans to identify areas to be opened 
to the public and are required to undertake appropriate use and 
compatibility reviews before new recreation programs can be 
offered.
    The FY 2014 Consolidated Appropriations Act (PL 113-76) 
directed the Department and the U.S. Forest Service to report 
to Congress on actions they are taking to preserve and improve 
access to public lands for hunting, fishing, shooting and other 
recreational activities, including proposed improvements for 
public involvement in agency decision-making and coordination 
with State and local governments. The Department is finalizing 
that report and looks forward to sharing it with the Congress 
in the near future, as well as using it as a basis for further 
discussions with the bill's sponsor and the Committee.
Analysis
    Section 202 of the bill would require the BLM, NPS, FWS, 
and the U.S. Forest Service, to develop and maintain a list of 
priority parcels for which hunting, fishing, or recreational 
uses are allowed by law but public access is inadequate or 
unavailable. This section further requires the agencies to 
identify a general process for obtaining legal public access, 
and to develop a report to Congress on options providing for 
access. We note that the Department has existing authority to 
complete all of these tasks, and that we are prioritizing 
recreational access under existing law. The Department supports 
the objectives of this section, but would like to work with the 
sponsor on technical changes to ensure that reporting and 
tracking requirements can be feasibly met with existing funding 
and staffing.


          federal land transaction facilitation act (sec. 203)


Background
    Congress enacted FLTFA in July of 2000 as Title II of 
Public Law 106-248. FLTFA expired on July 25, 2011. Under 
FLTFA, the BLM could sell public lands identified for disposal 
through the land use planning process prior to July 2000, and 
retain the proceeds from those sales in a special account in 
the Treasury. The BLM and the other Federal land managing 
agencies were then able to use those funds to acquire, from 
willing sellers, inholdings within certain federally designated 
areas and lands that are adjacent to those areas that contain 
exceptional resources. Lands were able to be acquired within 
and/or adjacent to areas managed by the NPS, USFWS, USFS, and 
the BLM.
    Over the life of the FLTFA, approximately 27,249 acres were 
sold under this authority and approximately 18,535 acres of 
high resource value lands were acquired. The President's fiscal 
year 2016 Budget includes a proposal to permanently reauthorize 
FLTFA. The BLM identifies lands that may be suitable for 
disposal through its land use planning process, which involves 
full public participation. Before the enactment of FLTFA, the 
BLM had the authority under the Federal Land Policy and 
Management Act (FLPMA) to sell lands identified for disposal. 
The proceeds from those sales were deposited into the General 
Fund of the Treasury. However, because of the costs associated 
with those sales (including environmental and cultural 
clearances, appraisals, and surveys), few sales were 
undertaken. Since it was enacted, the BLM utilized FLTFA to 
sell 330 parcels previously identified for disposal totaling 
27,249 acres, with a total value of approximately $117.4 
million. Over the same time period, the Federal government 
acquired 37 parcels totaling 18,535 acres, with a total value 
of approximately $50.4 million using FLTFA funds.
    Using the FLTFA proceeds, the BLM, NPS, FWS, and FS 
acquired significant inholdings and adjacent lands from willing 
sellers, consistent with the provisions of the Act. For 
example, in November 2009 the BLM used FLTFA funds to complete 
the acquisition of 4,573 acres within the BLM's Canyons of the 
Ancients National Monument in southwest Colorado. These 
inholdings encompass 25 documented cultural sites, and 
archaeologists expect to record an additional 700 significant 
finds. The acquisition also included two particularly important 
areas: ``Jackson's Castle,'' which is archaeologically 
significant; and the ``Skywatcher Site,'' a one-of-a kind, 
1,000-year-old solstice marker. The following are a few 
additional examples of important FLTFA acquisitions:
           Elk Springs Area of Critical Environmental 
        Concern (ACEC), New Mexico/BLM--This 2,280-acre 
        acquisition protects critical elk wintering habitat.
           Hells Canyon Wilderness, Arizona/BLM--A 640-
        acre parcel constituting the last inholding within the 
        Hells Canyon Wilderness, located just 25 miles 
        northwest of Phoenix.
           Grand Teton National Park, Wyoming/NPS--This 
        small (1.38 acres), but critical inholding within the 
        Park was acquired and protected from development.
           Nestucca Bay National Wildlife Refuge, 
        Oregon/FWS--This 92-acre dairy farm on the outskirts of 
        Pacific City, Oregon, was slated for residential 
        development and was acquired to protect a significant 
        portion of the world's population of the Semidi Islands 
        Aleutian Cackling Goose.
Analysis
    Section 203 of the bill would both reauthorize and enhance 
the original FLTFA through four major changes. First, the bill 
permanently reauthorizes FLTFA. Second, under the original 
FLTFA, only lands identified for disposal prior to July 25, 
2000, were eligible to be sold. This section modifies that 
restriction by allowing any lands identified for disposal 
through the BLM's land use planning process to be sold through 
the FLTFA process. The Department supports this change, which 
recognizes the usefulness and importance of the BLM's land use 
planning process. Third, the original FLTFA allowed 
acquisitions of inholdings within, or adjacent to, certain 
Federal units such as BLM conservation units, National Parks, 
National Wildlife Refuges, and certain Forest Service units if 
they existed prior to July 25, 2000. This section eliminates 
this limitation as well, and we support this change. Finally, 
the legislation adds exceptions to FLTFA in recognition of 
specific laws that modify FLTFA with respect to some particular 
locations. The FLTFA does not apply to lands available for sale 
under the Santini-Burton Act (P.L. 96-586) and the Southern 
Nevada Public Land Management Act (P.L 105-263). This 
legislation additionally exempts lands included in the White 
Pine County Conservation, Recreation, and Development Act (P.L. 
109-432) and the Lincoln County Conservation, Recreation and 
Development Act (P.L. 108-424). Finally, a number of provisions 
of the Omnibus Public Land Management Act of 2009 (P.L. 111-11) 
modify FLTFA at specific sites or for specific purposes. These 
exceptions are also captured by this legislation.
    This section of the bill also provides that $1 million per 
year be transferred to the Treasury from the Federal Land 
Disposal Account. The Department recommends deletion of this 
section, which would reduce the effectiveness of the FLTFA 
authority. The Department strongly supports Section 203.


                               conclusion


    Thank you for the opportunity to testify on the seven 
provisions included in this legislation. The Department shares 
the Committee's interest in enhancing recreational 
opportunities and access for hunting, fishing, and target 
shooting on public lands, and we look forward to continuing to 
work with you on these important issues. One opportunity for 
future collaboration on hunting, fishing, and other 
recreational uses of the public lands is the Administration's 
legislative proposal for a Congressionally-chartered, non-
profit BLM Foundation. The Foundation would provide 
opportunities for interested members of the public and 
stakeholders to contribute financially to the programs they 
care most about--for instance, land acquisition, recreational 
access projects, and habitat improvement.
                              ----------                              


 Testimony of Leslie Weldon, Deputy Chief for National Forest System, 
               Department of Agriculture, Forest Service

    Madam Chairman and members of the committee; thank you for 
the opportunity to represent the views of the United States 
Department of Agriculture (USDA) on S. 556, the Bipartisan 
Sportsmen's Act of 2015. I am Leslie Weldon, Deputy Chief for 
the National Forest System, USDA Forest Service.
    Please let me begin by strongly emphasizing the 
foundational role the National Forest System serves in 
providing high-quality outdoor recreational opportunities for 
all Americans. The 193 million acres of land the Forest Service 
manages in the public trust are now and always have been where 
people across the country go to enjoy world-class hunting, 
fishing, and recreational shooting, as well as nearly every 
other variety of healthy outdoor activity. Spending by visitors 
engaging in recreation activities supports more jobs and 
economic output than any other activities on the National 
Forest System. In 2012, outdoor recreation on the National 
Forests supported approximately 190,000 jobs and contributed 
about $13 billion to the Nation's gross domestic product.
    S. 556 would, in summary, require the continued management 
of the National Forest System for hunting, fishing, and 
recreational shooting, require consideration of these uses in 
land management planning documents, require allowance of 
volunteers for the culling of wildlife, require access to 
designated wilderness for hunting, fishing, and shooting, 
continue provisions for the designation of shooting ranges, 
require reporting measures on closures or restrictions, and 
require coordination with advisory committees on these actions. 
The bill would establish procedures for permitting commercial 
film crews of five or fewer persons and the use of cameras and 
related equipment. It also creates reporting requirements under 
the Equal Access to Justice Act. In Title II, the bill would 
mandate that a percentage of monies from the Land and Water 
Conservation Fund be used to acquire recreation access to 
federal lands, would require development and publication of a 
list of federal lands where access is limited or unavailable, 
and amend the Federal Land Transaction Facilitation Act.


 section 101--recreational fishing, hunting, and recreational shooting


    USDA applauds the interest in promoting the tradition of 
hunting, fishing, and recreational shooting on the National 
Forests. Certain components in the legislation, however, raise 
specific concerns. Management of National Forests, including 
within designated wilderness, for the purposes of hunting, 
fishing, and shooting, and consideration of these uses when 
relevant in planning documents is already a fundamental 
component of existing law and policy including the Multiple 
Use--Sustained Yield Act and the National Forest Management 
Act, and will continue even without passage of this bill. 
National Forests are and will be open unless closed to these 
activities. If an agency action has effects on hunting, 
fishing, or recreational uses they would be evaluated under 
current policy and those effects disclosed. If they are not 
relevant to the planning effort, requiring the agency to 
consider them would provide minimum benefit and generate 
additional, unnecessary environmental documentation. Although 
the bill states that the bill is not intended to prioritize 
recreational hunting, fishing, and recreational shooting over 
other uses of Federal lands, USDA is concerned that the 
requirements in section 101 to facilitate recreational hunting, 
fishing, and recreational shooting could limit the agency's 
flexibility to balance these uses with other uses as required 
under the Forest Service's Multiple Use-Sustained Yield Act.
    USDA also is concerned that section 101(b)(4)(A) could be 
understood to open units of the National Wilderness 
Preservation System to uses prohibited by the Wilderness Act. 
Section 101(b)(4)(A)(ii) would provide that the bill's 
requirement that lands are open to fishing, hunting, and 
recreational shooting does not also authorize motorized access 
or the use of motorized vehicles in wilderness study areas and 
areas administratively classified as eligible or suitable for 
wilderness designation. This provision does not provide the 
same safeguard that motorized access for fishing, hunting and 
shooting will continue to be prohibited in designated 
wilderness. We are concerned that section 101(b)(4)(A)(ii) 
could be read to open wilderness areas administered by the 
Forest Service to temporary roads, motor vehicles, motorized 
equipment, motorboats, and other forms of mechanized transport 
in furtherance of recreational hunting, shooting, and fishing.
    Further, this provision only mentions motorized vehicles 
but is silent on other prohibited uses under section 4(c) of 
the Wilderness Act (16 U.S.C. 1133(c)), such as mechanical 
transport, structures, and installations. As a result, this 
provision creates uncertainty as to whether such uses, when in 
furtherance of recreational hunting, shooting, and fishing, 
would remain prohibited under the Wilderness Act. Wilderness 
areas are currently managed by the Forest Service to provide 
opportunities for recreational use and enjoyment (including 
hunting and fishing) consistent with the primary responsibility 
of preserving the wilderness character of the area. Under 
section 101(b)(4)(C), local agency line officers already 
exercise authority to designate shooting ranges where 
appropriate and necessary. We note that the liability 
limitation in section 101(b)(4)(C) regarding these designations 
does not override the Federal Tort Claims Act and therefore 
most likely would not have any legal effect. With respect to 
section 101(b)(3)(B), the decision to allow culling of wildlife 
by volunteers or by other methods in any areas closed to 
hunting or fishing would be a decision best made locally, in 
concert with state agencies, based on local circumstances.
    Given our long-standing commitment to manage National 
Forests as open for hunting, fishing, and shooting, where 
prohibitions do occur they are as a last resort to address 
sound public safety or natural resource concerns. These 
decisions are again best made by local, delegated line officers 
rather than agency heads, after the appropriate level of 
environmental analysis under NEPA and appropriate public 
involvement have been completed. The restatement in section 
101(b)(8) of the authority of Executive Orders 12962 and 13443 
is unnecessary and may give the perception the Agency is 
required to give deference to these activities as special 
interests. Additionally, to the extent the consultation 
requirement applies to emergency closures, timely agency 
response to public safety issues could be compromised.


                    section 102--commercial filming


    USDA agrees commercial filming is an appropriate use of 
National Forest System lands and should not be overly 
constrained. To this end, the Forest Service is currently 
engaged in a public process to revise its commercial filming 
directives to ensure sufficient protection of public resources, 
the freedom of individuals and groups, both large and small, to 
film and photograph National Forest System lands, and the 
protection of freedom of the press. This effort has included 
meeting with industry advocates and media groups, and hosting 
extensive public meetings in Boise, Seattle, Portland, and 
Washington DC during the public comment period for the proposed 
directives. Additionally, in concert with a Department of 
Interior-led effort USDA has been engaged in formation of an 
updated fee schedule common across land management agencies, 
with publication of a final rule anticipated soon. USDA 
believes issuance of these directives is the most appropriate 
way to ensure balanced protection of natural resource and 
wilderness values with use by commercial film crews of all 
sizes.
    We would like to work with the committee on language 
addressing commercial filming to avoid unintended consequences. 
We are concerned that even small film crews can have a 
substantial impact as they may use large vehicles, trailers, 
generators, and other equipment to conduct their business. 
Issuing permits based on individual applications allows for 
commercial filming and provides assurance that impacts on 
natural resources will be avoided or minimized.
    Additionally, we are concerned about new paragraph (3)(E), 
which provides that the Secretary may not prohibit ``as a 
mechanized apparatus or under any other purposes, use of 
cameras or related equipment used for the purpose of commercial 
filming activities or similar projects.'' Because paragraph 
(3)(E) applies to wilderness, this provision would allow use of 
motorized equipment such as cranes for filming in wilderness, 
which would be inconsistent with the Wilderness Act.


                section 103--federal action transparency


    The detailed data to meet reporting requirements in the 
Federal Action Transparency section of the bill would impose a 
substantial burden on the Forest Service in terms of staff time 
and information technology expenses in the collection, database 
formatting, and dissemination of this information. We do not 
support section 103 as the information is largely already 
available via the Public Access to Court Electronic Records 
reporting system, even though it is not in summary report 
format as requested in this bill.


               sections 201 and 202--habitat conservation


    We fully support the objectives of increasing and improving 
access to public lands. The development and publication of 
regional priority lists describing lands with limited, disputed 
or no legal access as required by Section 202 will require 
considerable staff time and would not, by itself, create 
greater access. Local Forest managers regularly pursue 
opportunities to acquire title, easement, or right-of-way to 
improve public access. We will continue to pursue negotiations 
with willing sellers, and assert public rights where access has 
been denied, to the extent of our capacity to do so.
    The Land and Water Conservation Fund (LWCF) is a proven 
tool that can be used to improve recreational access to public 
lands. The President's FY 2016 Budget proposes to permanently 
authorize annual mandatory funding of the Department of 
Agriculture and Department of the Interior Land and Water 
Conservation Fund programs beginning in FY 2017. In FY 2016, we 
are requesting $400 million in discretionary funding and $500 
million in mandatory funding, with all $900 million coming from 
mandatory funding in FY 2017 to be shared by Agriculture and 
Interior. Full funding for the Land and Water Conservation Fund 
supports the President's agenda of improving public access and 
the past success and ongoing importance of the LWCF cannot be 
overstated. Of 40 land purchases the Forest Service completed 
in FY14 using LWCF, 39 provided either legal access where none 
previously existed or improved legal access. While we support 
the goals of Section 201 of this bill, we would prefer to 
consider creating a permanent set-aside in the context of 
establishing full and mandatory funding for the Land and Water 
Conservation Fund.


          section 203--federal land transfer facilitation act


    USDA supports reauthorization of the Federal Land Transfer 
Facilitation Act (FLTFA) and recommends that all proceeds be 
retained and used for critical land acquisitions including 
those that provide access for hunting, fishing, shooting, and 
other recreational activities.
    Sources such as LWCF and FLTFA are significant in achieving 
our conservation mission, especially as an ever-increasing 
portion of the Forest Service budget is consumed by wildland 
fire suppression efforts. Resolving the fire-funding issue with 
bipartisan legislation is a critical need and an important 
first step before we could adequately address and fund all the 
provisions in this legislation.
    This concludes my remarks. Thank you again for the 
opportunity to comment and I am available to take your 
questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the original bill, as reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

FEDERAL LAND TRANSACTION FACILITATION ACT

           *       *       *       *       *       *       *



SEC. 203. * * *

          (2) Federally designated area.--The term ``federally 
        designated area'' means land in Alaska and the eleven 
        contiguous Western States (as defined in section 103(o) 
        of the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1702(o))) that [on the date of enactment of 
        this Act was] is within the boundary of--

           *       *       *       *       *       *       *


SEC. 205. DISPOSAL OF PUBLIC LAND.

    (a) In General.--The Secretary shall establish a program, 
using funds made available under section 206, to complete 
appraisals and satisfy other legal requirements for the sale or 
exchange of public land identified for disposal under approved 
land use plans [(as in effect on the date of enactment of this 
Act)] under section 202 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712).

           *       *       *       *       *       *       *

    [(d) Termination of Authority.--The authority provided 
under this section shall terminate 11 years after the date of 
enactment of this Act.]

SEC. 206. FEDERAL LAND DISPOSAL ACCOUNT.

           *       *       *       *       *       *       *


    [(f) Termination.--On termination of activities under 
section 205--
          [(1) the Federal Land Disposal Account shall be 
        terminated; and
          [(2) any remaining balance in the account shall 
        become available for appropriation under section 200303 
        of title 54, United States Code.]

SEC. 207. SPECIAL PROVISIONS.

    (a) * * *
    (b) Other Law.--This shall not apply to land eligible for 
sale under--
          (1) Public Law [96-568] 96-586 (commonly known as the 
        ``Santini-Burton Act'') (94 Stat. 3381)[; or];
          (2) the Southern Nevada Public Land Management Act of 
        1998 (Public Law 105-263; 112 Stat. 2343)[.];
          (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).

           *       *       *       *       *       *       *


PUBLIC LAW 106-206, AS AMENDED

           *       *       *       *       *       *       *



SECTION 1. COMMERCIAL FILMING.

      (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.
    [(a)] (b) Commercial Filming Fee.--
          (1) In general.--The Secretary [of the Interior and 
        the Secretary of Agriculture (hereafter individually 
        referred to as the ``Secretary'' with respect to land 
        in a System unit as defined in section 100102 of title 
        54, United States Code under their respective 
        jurisdictions)] shall require a permit and shall 
        establish a reasonable fee for commercial filming 
        activities or similar projects on Federal lands 
        administered by the Secretary. The fee shall provide a 
        fair return to the United States and shall be based 
        upon the following criteria:
                  (A) The number of days the filming activity 
                or similar project takes place on Federal land 
                under the Secretary's jurisdiction.
                  (B) The size of the film crew present on 
                Federal land under the Secretary's 
                jurisdiction, except in the case of film crews 
                of 3 or fewer individuals.
                  (C) The amount and type of equipment present.
          (2) Other factors.-- The Secretary may include other 
        factors in determining an appropriate fee as the 
        Secretary deems necessary.
          (3) Fee schedule.--Not later than 180 days after the 
        date of enactment of the Sportsmen's Act of 2015, 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.
    [(b)] (c) Recovery of Costs.--The Secretary shall also 
collect any costs incurred as a result of filming activities or 
similar project, including but not limited to administrative 
and personnel costs. All costs recovered shall be in addition 
to the fee assessed in [subsection (a)] subsection (b).
    [(c)] (d) Commercial Still Photography.--
          (1) In general.-- Except as provided in paragraph 
        (2), the Secretary shall not require a permit nor 
        assess a fee for still photography on land administered 
        by the Secretary if such photography takes place where 
        members of the public are generally allowed. The 
        Secretary may require a permit, fee, or both, if such 
        photography takes place at other locations where 
        members of the public are generally not allowed, or 
        where additional administrative costs are likely.
          (2) Exception.--The Secretary shall require and shall 
        establish a reasonable fee for still photography that 
        uses models or props which are not a part of the site's 
        natural or cultural resources or administrative 
        facilities.
    [(d)] (e) Protection of Resources.--The Secretary shall not 
permit any filming, still photography or other related activity 
if the Secretary determines--
          (1) there is a likelihood of resource damage;
          (2) there would be an unreasonable disruption of the 
        public's use and enjoyment of the site; or
          (3) that the activity poses health or safety risks to 
        the public.
    [(e)] (f) Use of Proceeds.--
          (1) Fees.--All fees collected under this section 
        shall be available for expenditure by the Secretary, 
        without further appropriation in accordance with the 
        Federal Lands Recreation Enhancement Act (16 U.S.C. 
        6801 et seq.), and shall remain available until 
        expended.
          (2) Costs.--All costs recovered under this section 
        shall be available for expenditure by the Secretary, 
        without further appropriation, at the site where the 
        costs are collected and shall remain available until 
        expended.
    [(f)] (g) Processing of Permit Applications.--[The 
Secretary shall] (1) In general.--The Secretary shall establish 
a process to ensure that the Secretary responds in a timely 
manner to permit applicants for commercial filming, still 
photography, or other activity.
    (2) Considerations.--The Secretary shall not consider 
subject matter or content as a criterion for issuing or denying 
a permit under this Act.
    (h) Exemption From Commercial Filming or Still Photography 
Permits and Fees.--The Secretary shall not require persons 
holding commercial use authorizations or special recreation 
permits to obtain an additional permit or pay a fee for 
commercial filming or still photography under this Act if the 
filming or photography conducted is--
          (1) incidental to the permitted activity that is the 
        subject of the commercial use authorization or special 
        recreation permit; and
          (2) the holder of the commercial use authorization or 
        special recreation permit is an individual or small 
        business concern (within the meaning of section 3 of 
        the Small Business Act (15 U.S.C. 632)).
    (i) Exception from Certain Fees.--Commercial filming or 
commercial still photography shall be exempt from fees under 
this Act, but not from recovery of costs under subsection (c), 
if the activity--
          (1) is conducted by an entity that is a small 
        business concern (within the meaning of section 3 of 
        the Small Business Act (15 U.S.C. 632));
          (2) is conducted by a crew of not more than 3 
        individuals; and
          (3) uses only a camera and tripod.
    (j) Applicability to News Gathering Activities.--
          (1) In general.--News gathering shall not be 
        considered a commercial activity.
          (2) Included Activities.--In this subsection, the 
        term `news gathering' includes, at a minimum, the 
        gathering, recording, and filming of news and 
        information related to news in any medium.
                              ----------                              


UNITED STATES CODE

           *       *       *       *       *       *       *



TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *



Sec.  504. Costs and fees of parties

           *       *       *       *       *       *       *


    (c)(1) After consultation with the Chairman of the 
Administrative Conference of the United States, each agency 
shall by rule establish uniform procedures for the submission 
and consideration of applications for an award of fees and 
other expenses. If a court reviews the underlying decision of 
the adversary adjudication, an award for fees and other 
expenses may be made only pursuant to section 2412(d)(3) of 
title 28[, United States Code].

           *       *       *       *       *       *       *

    [(e) 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 
annually to the Congress 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 which may aid the Congress 
in evaluating the scope and impact of such awards. Each agency 
shall provide the Chairman with such information as is 
necessary for the Chairman to comply with the requirements of 
this subsection.]
    (e)(1) Not later than March 31 of the first fiscal year 
beginning after the date of enactment of the Sportsmen's Act of 
2015, and every fiscal year thereafter, the Chairman of the 
Administrative Conference of the United States, after 
consultation with the Chief Counsel for Advocacy of the Small 
Business Administration, shall submit to Congress and make 
publicly available online a report on the amount of fees and 
other expenses awarded during the preceding fiscal year under 
this section.
    (2) Each report under paragraph (1) shall describe the 
number, nature, and amount of the awards, the claims involved 
in the controversy, and any other relevant information that may 
aid Congress in evaluating the scope and impact of such awards.
    (3)(A) Each report under paragraph (1) shall account for 
all payments of fees and other expenses awarded under this 
section that are made pursuant to a settlement agreement, 
regardless of whether the settlement agreement is sealed or 
otherwise subject to a nondisclosure provision.
    (B) The disclosure of fees and other expenses required 
under subparagraph (A) shall not affect any other information 
that is subject to a nondisclosure provision in a settlement 
agreement.
    (f) As soon as practicable, and in any event not later than 
the date on which the first report under subsection (e)(1) is 
required to be submitted, the Chairman of the Administrative 
Conference of the United States shall create and maintain 
online a searchable database containing, with respect to each 
award of fees and other expenses under this section made on or 
after the date of enactment of the Sportsmen's Act of 2015, 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.
          (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).
    [(f)] (i) No award may be made under this section for 
costs, fees, or other expenses which may be awarded under 
section 7430 of the Internal Revenue Code of 1986.

           *       *       *       *       *       *       *


TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

           *       *       *       *       *       *       *



Sec.  2412. Costs and fees

           *       *       *       *       *       *       *


    (d) * * *
          (3) In awarding fees and other expenses under this 
        subsection to a prevailing party in any action for 
        judicial review of an adversary adjudication, as 
        defined in subsection (b)(1)(C) of section 504 of title 
        5, [United States Code,] or an adversary adjudication 
        subject to chapter 71 of title 41, the court shall 
        include in that award fees and other expenses to the 
        same extent authorized in subsection (a) of such 
        section, unless the court finds that during such 
        adversary adjudication the position of the United 
        States was substantially justified, or that special 
        circumstances make an award unjust.

           *       *       *       *       *       *       *

          (5)(A) Not later than March 31 of the first fiscal 
        year beginning after the date of enactment of the 
        Sportsmen's Act of 2015, and every fiscal year 
        thereafter, the Chairman of the Administrative 
        Conference of the United States shall submit to 
        Congress and make publicly available online a report on 
        the amount of fees and other expenses awarded during 
        the preceding fiscal year pursuant to this subsection.
          (B) Each report under subparagraph (A) shall describe 
        the number, nature, and amount of the awards, the 
        claims involved in the controversy, and any other 
        relevant information that may aid Congress in 
        evaluating the scope and impact of such awards.
          (C)(i) Each report under subparagraph (A) shall 
        account for all payments of fees and other expenses 
        awarded under this subsection that are made pursuant to 
        a settlement agreement, regardless of whether the 
        settlement agreement is sealed or otherwise subject to 
        a nondisclosure provision. (ii) The disclosure of fees 
        and other expenses required under clause (i) shall not 
        affect any other information that is subject to a 
        nondisclosure provision in a settlement agreement.
          (D) The Chairman of the Administrative Conference of 
        the United States shall include and clearly identify in 
        each annual report under subparagraph (A), for each 
        case in which an award of fees and other expenses is 
        included in the report----
                  (i) any amounts paid under section 1304 of 
                title 31 for a judgment in the case;
                  (ii) the amount of the award of fees and 
                other expenses; and
                  (iii) the statute under which the plaintiff 
                filed suit.
          (6) As soon as practicable, and in any event not 
        later than the date on which the first report under 
        paragraph (5)(A) is required to be submitted, the 
        Chairman of the Administrative Conference of the United 
        States shall create and maintain online a searchable 
        database containing, with respect to each award of fees 
        and other expenses under this subsection made on or 
        after the date of enactment of the Sportsmen's Act of 
        2015, 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.
                  (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).
    (e) The provisions of this section shall not apply to any 
costs, fees, and other expenses in connection with any 
proceeding to which section 7430 of the Internal Revenue Code 
of 1954 applies (determined without regard to subsections (b) 
and (f) of such section). Nothing in the preceding sentence 
shall prevent the awarding under subsection (a) [of section 
2412 of title 28, United States Code,] of this section of costs 
enumerated in section 1920 [of such title] of this title (as in 
effect on October 1, 1981).

           *       *       *       *       *       *       *


TITLE 31--MONEY AND FINANCE

           *       *       *       *       *       *       *



Sec.  1304. Judgments, awards, and compromise settlements

           *       *       *       *       *       *       *


    (d) Beginning not later than the date that is 60 days after 
the date of enactment of the Sportsmen's Act of 2015, 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.

           *       *       *       *       *       *       *


TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

           *       *       *       *       *       *       *



                      CHAPTER 1009--ADMINISTRATION

100901. Authority of Secretary to carry out certain activities
100902. Rights of way for public utilities and power and communication 
          facilities
100903. Solid waste disposal operations
100904. Admission and special recreation use fees
[100905. Commercial filming]
100906. Advisory committees

           *       *       *       *       *       *       *


[Sec.  100905. Commercial filming

    [(a) Commercial Filming Fee.--
          [(1) In general.--The Secretary shall require a 
        permit and shall establish a reasonable fee for 
        commercial filming activities or similar projects in a 
        System unit. The fee shall provide a fair return to the 
        United States and shall be based on the following 
        criteria:
                  [(A) The number of days the filming activity 
                or similar project takes place in the System 
                unit.
                  [(B) The size of the film crew present in the 
                System unit.
                  [(C) The amount and type of equipment present 
                in the System unit.
          [(2) Other factors.--The Secretary may include other 
        factors in determining an appropriate fee as the 
        Secretary considers necessary.
    [(b) Recovery of Costs.--The Secretary shall collect any 
costs incurred as a result of filming activities or similar 
projects, including administrative and personnel costs. All 
costs recovered shall be in addition to the fee assessed in 
subsection (a).
    [(c) Still Photography.--
          [(1) In general.--Except as provided in paragraph 
        (2), the Secretary shall not require a permit or assess 
        a fee for still photography in a System unit if the 
        photography takes place where members of the public are 
        generally allowed. The Secretary may require a permit, 
        assess a fee, or both, if the photography takes place 
        at other locations where members of the public are 
        generally not allowed, or where additional 
        administrative costs are likely.
          [(2) Exception.--The Secretary shall require and 
        shall establish a reasonable fee for still photography 
        that uses models or props that are not a part of the 
        site's natural or cultural resources or administrative 
        facilities.
    [(d) Protection of Resources.--The Secretary shall not 
permit any filming, still photography or other related activity 
if the Secretary determines that--
          [(1) there is a likelihood of resource damage;
          [(2) there would be an unreasonable disruption of the 
        public's use and enjoyment of the site; or
          [(3) the activity poses health or safety risks to the 
        public.
    [(e) Use of Proceeds.--
          [(1) Fees.--All fees collected under this section 
        shall be available for expenditure by the Secretary, 
        without further appropriation and shall remain 
        available until expended.
          [(2) Costs.--All costs recovered under this section 
        shall be available for expenditure by the Secretary, 
        without further appropriation, at the site where the 
        costs are collected and shall remain available until 
        expended.
    [(f) Processing of Permit Applications.--The Secretary 
shall establish a process to ensure that the Secretary responds 
in a timely manner to permit applicants for commercial filming, 
still photography, or other activity.]

           *       *       *       *       *       *       *


                       CHAPTER 1049--MISCELLANEOUS

104901. Central warehouses at System units
104902. Services or other accommodations for public
104903. Care, removal, and burial of indigents
104904. Hire of work animals, vehicles, and equipment with or without 
          personal services
104905. Preparation of mats for reproduction of photographs
104906. Protection or right of individuals to bear arms
104907. Limitation on extension or establishment of national parks in 
          Wyoming
104908. Bows in parks
104909. Wildlife management in parks
104910. National Park Service Maintenance and Revitalization 
          Conservation Fund

           *       *       *       *       *       *       *


Sec. 104908. Bows in parks

    (a) Definition of Not Ready for Immediate Use.--The term 
`not ready for immediate use' means--
          (1) a bow or crossbow, the arrows of which are 
        secured or stowed in a quiver or other arrow transport 
        case; and
          (2) with respect to a crossbow, uncocked.
    (b) Vehicular Transportation Authorized.--The Director 
shall not promulgate or enforce any regulation that prohibits 
an individual from transporting bows and crossbows that are not 
ready for immediate use across any System unit in the vehicle 
of the individual if--
          (1) the individual is not otherwise prohibited by law 
        from possessing the bows and crossbows;
          (2) the bows or crossbows that are not ready for 
        immediate use remain inside the vehicle of the 
        individual throughout the period during which the bows 
        or crossbows are transported across System land; and
          (3) the possession of the bows and crossbows is in 
        compliance with the law of the State in which the 
        System unit is located.

SEC.104909. WILDLIFE MANAGEMENT IN PARKS.

    (a) Use of Qualified Volunteers.--If the Secretary 
determines it is necessary to reduce the size of a wildlife 
population on System land in accordance with applicable law 
(including regulations), the Secretary may use qualified 
volunteers to assist in carrying out wildlife management on 
System land.
    (b) Requirements for Qualified Volunteers.--Qualified 
volunteers providing assistance under subsection (a) shall be 
subject to--
          (1) any training requirements or qualifications 
        established by the Secretary; and
          (2) any other terms and conditions that the Secretary 
        may require.

Sec. 104910. National Park Service Maintenance and Revitalization 
                    Conservation Fund

    (a) In General.--There is established in the Treasury a 
fund, to be known as the `National Park Service Critical 
Maintenance and Revitalization Conservation Fund' (referred to 
in this section as the `Fund').
    (b) Deposits to Fund.--Notwithstanding any provision of law 
providing that the proceeds shall be credited to miscellaneous 
receipts of the Treasury, for each fiscal year, there shall be 
deposited in the Fund, from revenues due and payable to the 
United States under section 9 of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1338) $150,000,000.
    (c) Use and Availability.--
          (1) In general.--Amounts deposited in the Fund 
        shall--
                  (A) be used only for the purposes described 
                in subsection (d); and
                  (B) be available for expenditure only after 
                the amounts are appropriated for those 
                purposes.
          (2) Availability.--Any amounts in the Fund not 
        appropriated shall remain available in the Fund until 
        appropriated.
          (3) No limitation.--Appropriations from the Fund 
        pursuant to this section may be made without fiscal 
        year limitation.
    (d) National Park System Critical Deferred Maintenance.--
The Secretary shall use amounts appropriated from the Fund for 
high-priority deferred maintenance needs of the Service that 
support critical infrastructure and visitor services.
    (e) Land Acquisition Prohibition.--Amounts in the Fund 
shall not be used for land acquisition.

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CHAPTER 2003--LAND AND WATER CONSERVATION FUND

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Sec. 200302. Establishment of Land and Water Conservation Fund

    (a) Establishment.--There is established in the Treasury 
the Land and Water Conservation Fund.
    (b) Deposits.--[During the period ending September 30, 
2015, there] There shall be deposited in the Fund the following 
revenues and collections:

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    (c) Authorization of Appropriations.--
          (1) In general.--In addition to the sum of the 
        revenues and collections estimated by the Secretary to 
        be deposited in the Fund pursuant to this section, 
        there are authorized to be appropriated annually to the 
        Fund out of any money in the Treasury not otherwise 
        appropriated such amounts as are necessary to make the 
        income of the Fund not less than $900,000,000 for each 
        fiscal year [through September 30, 2015].

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Sec.  200304. Statement of estimated requirements

    [There] (a) In General.--There shall be submitted with the 
annual budget of the United States a comprehensive statement of 
estimated requirements during the ensuing fiscal year for 
appropriations from the Fund. [Not less than 40 percent of such 
appropriations shall be available for Federal purposes.]
    (b) Allocation.--Of the appropriations from the Fund--
          (1) not less than 40 percent shall be used 
        collectively for Federal purposes under section 200306;
          (2) not less than 40 percent shall be used 
        collectively--
                  (A) to provide financial assistance to States 
                under section 200305;
                  (B) for the Forest Legacy Program established 
                under section 7 of the Cooperative Forestry 
                Assistance Act of 1978 (16 U.S.C. 2103c);
                  (C) for cooperative endangered species grants 
                authorized under section 6 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1535); and
                  (D) for the American Battlefield Protection 
                Program established under chapter 3081; and
          (3) not less than 1.5 percent or $10,000,000, 
        whichever is greater, shall be used for projects that 
        secure recreational public access to Federal public 
        land for hunting, fishing, or other recreational 
        purposes.

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Sec.  200306. Allocation of Fund amounts for Federal purposes

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    (c) Conservation Easements.--The Secretary and the 
Secretary of Agriculture shall consider the acquisition of 
conservation easements and other similar interests in land 
where appropriate and feasible.
    (d) Acquisition Considerations.--The Secretary and the 
Secretary of Agriculture shall take into account the following 
in determining the land or interests in land to acquire:
          (1) Management efficiencies.
          (2) Management cost savings.
          (3) Geographic distribution.
          (4) Significance of the acquisition.
          (5) Urgency of the acquisition.
          (6) Threats to the integrity of the land to be 
        acquired.
          (7) The recreational value of the land.

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CHAPTER 3031--HISTORIC PRESERVATION FUND

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Sec.  303102. Contents

    For each [of fiscal years 2012 to 2015] fiscal year, 
$150,000,000 shall be deposited in the Historic Preservation 
Fund from revenues due and payable to the United States under 
section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 
1338), section 7433(b) of title 10, or both, notwithstanding 
any provision of law that those proceeds shall be credited to 
miscellaneous receipts of the Treasury.

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