[Senate Report 115-116]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 154
115th Congress     }                                    {       Report
                                 SENATE
 1st Session       }                                    {      115-116

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



 
                            SPORTSMEN'S ACT

                                _______
                                

                 June 22, 2017.--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. 733]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 733) to protect and enhance opportunities 
for recreational hunting, fishing, and shooting, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose of the Measure...........................................     1
Background and Need..............................................     2
Legislative History..............................................     3
Committee Recommendation and Tabulation of Votes.................     4
Section-by-Section Analysis......................................     4
Cost and Budgetary Considerations................................     8
Regulatory Impact Evaluation.....................................    11
Congressionally Directed Spending................................    12
Executive Communications.........................................    12
Changes in Existing Law..........................................    26

                                Purpose

    The purposes of S. 733 are to protect and enhance 
opportunities for recreational hunting, fishing, and shooting 
on Federal lands, and to authorize other conservation and 
recreation programs related to sportsmen 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. S. 733 
seeks to clarify and expand 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 (Public Law 106-206). The agency response to the 
Public Law 106-206 (as amended by Public Law 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. 733 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. S. 733 seeks to clarify that 
content may not be a criterion for granting a commercial 
filming permit.

Other land issues

    The 2009 Credit Card Accountability Responsibility and 
Disclosure Act (Public Law 111-24) 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 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. 733 seeks to make Federal policy regarding bows and 
crossbows in national parks more consistent with current policy 
regarding firearms in national parks and, is consistent with 
current NPS regulations (36 CFR 2.4(b)(3)), which authorize 
unloaded weapons, including bows and crossbows, if their use is 
rendered temporarily inoperable or they are stored in a manner 
that prevents their ready use.
    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 (Public Law 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.

                          Legislative History

    Senators Murkowski, Heinrich, Risch, and Heitkamp 
introduced S. 733 on March 27, 2017.
    In the 114th Congress, Senator Murkowski introduced a 
similar measure, S. 556, on February 25, 2015. The Committee on 
Energy and Natural Resources held a hearing on the bill on 
March 12, 2015 (S. Hrg. 114-329). 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 (S. 
Rept. 114-183).
    The measure was also included in Amendment No. 3234, which 
the Senate agreed to on April 19, 2016, as an amendment to S. 
2012, the Energy Policy Modernization Act of 2016, which the 
Senate passed, as amended, on April 20, 2016.
    The Committee on Energy and Natural Resources met in an 
open business session on March 30, 2017, and ordered S. 733 
favorably reported.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on March 30, 2017, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
733, as described herein.

                      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; conserve and enhance aquatic systems, 
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 
prohibit hunting, fishing, or recreational shooting on federal 
lands for reasons of public safety, administration, or 
compliance with applicable laws. Except in an emergency, before 
permanently or temporarily closing any Federal land to hunting, 
fishing, or recreational shooting, the Secretary concerned 
shall consult with state fish and wildlife agencies and provide 
public notice and an opportunity for comment. Temporary 
closures 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 fees awarded 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 28 U.S.C. 2412. The section also requires the 
Chairman to 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 31 
U.S.C. 1304.
    The Committee's understanding is that the addition of 
subsection (e)(3)(A) in conjunction with subsection (e)(3)(B) 
to section 504 of title 5, United States Code, 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 28 U.S.C. 2412(d)(5)(C)(i) and (ii) 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 28 U.S.C. 2412 is subject 
to the same restrictions discussed above.

Section 206. Identifying opportunities for recreation, hunting, and 
        fishing on Federal land

    Section 206 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 purposes 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.

Section 207. Federal Land Transaction Facilitation Act

    Section 207 permanently reauthorizes the Federal Land 
Transaction Facilitation Act (FLTFA; Public Law 106-248). The 
section amends section 203(2) of FLTFA (43 U.S.C. 2302(2)) to 
make any federally designated area eligible for FLTFA funds, 
regardless of when the area was established, amends section 205 
of FLTFA (43 U.S.C. 2304) 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 2018 through 2027.

       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--WILDLIFE AND HABITAT MANAGEMENT

Section 401. Amendments to the Pittman-Robertson Federal Aid in 
        Wildlife Restoration Act

    Section 401 defines the term ``public target range'' and 
makes several amendments to the Pittman-Robertson Wildlife 
Restoration Act regarding public target ranges and firearm and 
bow hunter education and safety program grants.

Sec. 402. Wildlife and Hunting Heritage Council Advisory Committee

    Section 402 establishes the Wildlife and Hunting 
Conservation Council Advisory Committee to advise the 
Secretaries of the Interior and Agriculture on wildlife and 
habitat conservation, hunting, and recreational shooting.

                 TITLE V--BOWS AND WILDLIFE MANAGEMENT

Section 501. Bows in parks

    Section 501 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 502. Wildlife management in parks

    Section 502 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.

                        TITLE VI--MISCELLANEOUS

Section 601. Respect for treaties and rights

    Section 601 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 602. No priority

    Section 602 provides that nothing in this Act provides a 
preference to hunting, fishing, or recreational shooting over 
any other use of Federal land or water.

Section 603. State authority for fish and wildlife

    Section 603 clarifies that nothing in this Act authorizes 
the Secretary of the Interior or the Secretary of Agriculture 
to require federal licenses or permits to hunt and fish on 
federal land or enlarges or diminishes the responsibility or 
authority of states with respect to fish and wildlife 
management.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:
    S. 733 would amend existing laws and establish new laws 
related to the management of federal lands. It also would 
authorize the sale of certain federal land and permit the 
proceeds from those sales to be spent without further 
Congressional action.
    CBO estimates that enacting the bill would decrease net 
direct spending by $15 million over the 2017-2027 period; 
therefore, pay-as-you-go procedures apply. Enacting S. 733 
would not affect revenues.
    Based on information from the affected agencies, CBO also 
estimates that implementing the legislation also would cost $1 
million over the 2017-2022 period, subject to the availability 
of appropriated funds.
    CBO estimates that enacting S. 733 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    S. 733 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 733 is shown in the following table; 
those effects fall within budget function 300 (natural 
resources and environment).

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      By fiscal year, in millions of dollars--
                                                  ----------------------------------------------------------------------------------------------------------------------------------------------
                                                      2017       2018       2019       2020       2021       2022       2023       2024       2025       2026       2027    2017-2022  2017-2027
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         INCREASES OR DECREASES (-) IN DIRECT SPENDINGa
 
Proceeds from Sale of Property:b
    Estimated Budget Authority...................          0         -3         -4         -5         -6         -7         -9        -11        -13        -15        -17       -25        -90
    Estimated Outlays............................          0         -3         -4         -5         -6         -7         -9        -11        -13        -15        -17       -25        -90
Spending of Sales Proceeds:
    Estimated Budget Authority...................          0          3          4          5          6          7          9         11         13         15         17        25         90
    Estimated Outlays............................          0          2          3          4          5          6          7          9         11         13         15        20         75
    Total Changes:
        Estimated Budget Authority...............          0          0          0          0          0          0          0          0          0          0          0         0          0
        Estimated Outlays........................          0         -1         -1         -1         -1         -1         -2         -2         -2         -2         -2        -5       -15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
aCBO also estimates that implementing S. 733 would cost about $1 million over the 2017-2022 period, subject to the availability of appropriated funds.
bThe sale proceeds shown in the table reflect expected increases in collections under S. 733. In addition to those amounts, CBO estimates that the Bureau of Land Management will collect $10
  million over the 2017-2027 period from land sales under current law.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of 2017 and that the 
necessary amounts will be appropriated for each fiscal year.

Direct spending

    CBO estimates that enacting S. 733 would reduce net direct 
spending by $15 million over the 2017-2027 period.
    Federal Land Transaction Facilitation Act. Title II would 
permanently reauthorize the Federal Land Transaction 
Facilitation Act (FLTFA) and allow certain federal agencies to 
spend, without further appropriation, a portion of the proceeds 
from the sale of land administered by the Bureau of Land 
Management (BLM) to purchase inholdings (privately held land 
surrounded by federal land). Based on an analysis of 
information from BLM, CBO estimates that enacting title II 
would increase both the proceeds from the sale of federal 
property and the spending of those proceeds by $90 million and 
$75 million respectively.
    Proceeds from Sale of Property. Under current law, proceeds 
from the sale of BLM land are deposited in the Treasury as 
offsetting receipts. CBO estimates that such proceeds will 
total $1 million a year over the 2017-2027 period. Those 
amounts are not available to be spent without appropriation. 
Under the bill, the agency would be required to deposit $1 
million a year into the general fund of the U.S. Treasury 
through 2027. The agency could spend any remaining proceeds. 
Because, under the bill, BLM could spend proceeds from land 
sales to pay for administrative costs associated with other 
land sales, CBO estimates that enacting the bill would lead to 
an increase in the amount of land sold and related receipts 
would increase by $90 million over that period.
    CBO estimates that annual proceeds from the sale of BLM 
land over the next 10 years would be lower (on average) than 
historical collections under FLTFA, which expired in 2011. Over 
the 2001-2011 period, proceeds under the program totaled 
roughly $120 million. Most of those collections were generated 
by sales near urban areas in Nevada and Arizona in 2006 and 
2007. Because the amount of future proceeds would be related to 
the state of the housing market in those states, which CBO does 
not expect to be as high as in 2006 and 2007, total proceeds in 
the future would probably be lower.
    Spending of Sale Proceeds. Title II also would authorize 
four land-management agencies (BLM, the National Park Service, 
the U.S. Fish and Wildlife Service, and the Forest Service) to 
spend without further appropriation a portion of the proceeds 
from the sale of BLM land. Thus, CBO estimates that enacting 
title II would increase direct spending over the 2017-2027 
period. Based on the historical rate of spending for FLTFA and 
other federal land acquisition activities, CBO expects that 
those agencies would spend $75 million over that period.
    Fees for Commercial Filming Activities. Title III would 
require the Secretaries of Agriculture and the Interior to 
establish a fee schedule for commercial filming and photography 
activities on certain federal lands. Because the affected 
agencies would have the authority to spend any proceeds from 
fees established under the bill, we estimate that enacting 
title III would have a negligible effect on net direct 
spending.

Spending subject to appropriations

    S. 733 contains several provisions that would affect the 
way federal agencies manage lands under their jurisdictions and 
provide information to the public. The bill would require 
agencies to follow certain procedures when closing federal 
lands to recreational uses, authorize agencies to allow 
shooting ranges on federal lands, and establish a committee to 
advise certain agencies on issues related to habitat 
conservation and recreation. The bill also would require the 
Administrative Conference of the United States to create a 
website containing information regarding lawsuits filed under 
the Equal Access to Justice Act. CBO estimates that carrying 
out those activities would cost about $1 million over the 2017-
2022 period, subject to the availability of appropriated funds.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2017   2018   2019   2020   2021   2022   2023   2024   2025   2026   2027  2017-2022  2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             NET DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact.......................      0     -1     -1     -1     -1     -1     -2     -2     -2     -2     -2        -5        -15
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in longterm direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    Intergovernmental and private sector impact: S. 733 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would benefit twelve western states 
by supporting conservation projects and by sharing receipts 
generated by federal land sales under the Federal Land 
Transaction Facilitation Act. The bill also would benefit state 
agencies by lowering the matching requirement for federal 
grants that support public shooting ranges. Any costs incurred 
by public entities, including matching contributions, would be 
incurred voluntarily.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Jon Sperl; Impact on the 
private sector: Amy Petz.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                      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. 733. 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. 733, as ordered reported.

                   Congressionally Directed Spending

    S. 733, 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

    Because S. 733 is similar to legislation considered by the 
Committee in the 114th Congress, the Committee did not request 
Executive Agency views. The testimony provided by the Bureau of 
Land Management and the U.S. Forest Service at the hearing 
before the Committee on Energy and Natural Resources on March 
12, 2015, follows:

 Statement of Steve Ellis, Deputy Director, Operations Bureau of Land 
              Management, U.S. 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 allows 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, National Forest System, 
        United States 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 
S. 733, 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


                           PUBLIC LAW 106-248


TITLE II--FEDERAL LAND TRANSACTION FACILITIATION

           *       *       *       *       *       *       *


SEC. 203. DEFINITIONS.

    In this title:

           *       *       *       *       *       *       *

          (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) In general.-- *  *  *
    (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 (Public Law 111-11; 123 Stat. 
        1032);
          (6) subtitle O of title I of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11 123 Stat. 
        1075);
          (7) section 2601 of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 
        1108); or
          (8) section 2606 of the Omnibus Public Land 
        Management Act of 2009 (Public Law 111-11; 123 Stat. 
        1121).

           *       *       *       *       *       *       *


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, 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.

                   FISH AND WILDLIFE COORDINATION ACT


Act of March 10, 1934, as amended

           *       *       *       *       *       *       *



SEC. 9. THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO THE TENNESSEE 
                    VALLEY AUTHORITY.

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

    (a) Establishment.--There is established the Wildlife and 
Hunting Heritage Conservation Council Advisory Committee 
(referred to in this section as the `Advisory Committee') to 
advise the Secretary of the Interior and the Secretary of 
Agriculture (referred to in this section as the `Secretaries') 
on wildlife and habitat conservation, hunting, and recreational 
shooting.
    (b) Duties of the Advisory Committee.--The Advisory 
Committee shall advise the Secretaries regarding--
          (1) implementation of the `Recreational Hunting and 
        Wildlife Resource Conservation Plan--A Ten-Year Plan 
        for Implementation' and any successor plans, in 
        accordance with Executive Order 13443 (16 U.S.C. 661 
        note; relating to facilitation of hunting heritage and 
        wildlife conservation);
          (2) increasing public awareness of, and support for, 
        the Wildlife Restoration Program;
          (3) fostering wildlife and habitat conservation and 
        ethics in hunting and shooting sports recreation;
          (4) stimulating the participation of sportsmen and 
        sportswomen in the conservation and management of 
        wildlife and habitat resources through outreach and 
        education;
          (5) fostering communication and coordination among--
                  (A) the Federal Government and State and 
                tribal governments;
                  (B) industry;
                  (C) sportsmen and sportswomen who hunt and 
                shoot;
                  (D) wildlife and habitat conservation and 
                management organizations; and
                  (E) the public;
          (6) providing appropriate access to Federal land for 
        recreational shooting and hunting; and
          (7) recommendations to improve implementation of 
        Federal conservation programs that benefit wildlife, 
        hunting, and outdoor recreation on private land.
    (c) Membership.--
          (1) Appointment.--
                  (A) In general.--The Advisory Committee shall 
                consist of not more than 16 discretionary 
                members and 7 ex officio members.
                  (B) Ex officio members.--The ex officio 
                members are--
                          (i) the Director of the United States 
                        Fish and Wildlife Service or a 
                        designated representative of the 
                        Director;
                          (ii) the Director of the Bureau of 
                        Land Management or a designated 
                        representative of the Director;
                          (iii) the Director of the National 
                        Park Service or a designated 
                        representative of the Director;
                          (iv) the Chief of the Forest Service 
                        or a designated representative of the 
                        Chief;
                          (v) the Chief of the Natural 
                        Resources Conservation Service or a 
                        designated representative of the Chief;
                          (vi) the Administrator of the Farm 
                        Service Agency or a designated 
                        representative of the Administrator; 
                        and
                          (vii) the Executive Director of the 
                        Association of Fish and Wildlife 
                        Agencies.
                  (C) Discretionary members.--The discretionary 
                members shall be appointed jointly by the 
                Secretaries from at least one of each of the 
                following:
                          (i) State fish and wildlife 
                        management agencies.
                          (ii) Wildlife and habitat 
                        conservation management organizations.
                          (iii) Game bird hunting 
                        organizations.
                          (iv) Waterfowl hunting organizations.
                          (v) Big game hunting organizations.
                          (vi) The tourism, outfitter, or 
                        guiding industry relating to hunting, 
                        fishing, and shooting sports.
                          (vii) The hunting or shooting 
                        equipment retail industry.
                          (viii) Tribal resource management 
                        organizations.
                          (ix) Hunting, shooting, and fishing 
                        sports outreach and education 
                        organizations.
                          (x) Women's hunting and fishing 
                        advocacy, outreach, or education 
                        organizations.
                          (xi) Minority hunting and fishing 
                        advocacy, outreach, or education 
                        organizations.
                          (xii) Veterans service organizations.
          (2) Terms.--
                  (A) In general.--Except as provided in 
                subparagraph (B), members of the Advisory 
                Committee shall be appointed for a term of 4 
                years. Members shall not be appointed for more 
                than 3 consecutive or nonconsecutive terms.
                  (B) Terms of initial appointees.--As 
                designated by the Secretaries at the time of 
                appointment, of the members first appointed--
                          (i) 6 members shall be appointed for 
                        a term of 4 years;
                          (ii) 5 members shall be appointed for 
                        a term of 3 years; and
                          (iii) 5 members shall be appointed 
                        for a term of 2 years.
          (3) Preservation of public advisory status.--No 
        individual may be appointed as a discretionary member 
        of the Advisory Committee while serving as an officer 
        or employee of the Federal Government.
          (4) Vacancy and removal.--
                  (A) In general.--Any vacancy on the Advisory 
                Committee shall be filled in the manner in 
                which the original appointment was made.
                  (B) Removal.--Advisory Committee members 
                shall serve at the discretion of the 
                Secretaries and may be removed at any time for 
                good cause.
          (5) Continuation of service.--Each appointed member 
        may continue to serve after the expiration of the term 
        of office to which such member was appointed until a 
        successor has been appointed.
          (6) Chairperson.--The Chairperson of the Advisory 
        Committee shall be appointed for a 3-year term by the 
        Secretaries, jointly, from among the members of the 
        Advisory Committee. An individual may not be appointed 
        as Chairperson for more than 2 consecutive or 
        nonconsecutive terms.
          (7) Compensation.--Members of the Advisory Committee 
        shall serve without compensation.
          (8) Travel expenses.--Members of the Advisory 
        Committee may be allowed travel expenses, including per 
        diem in lieu of subsistence, at rates authorized for an 
        employee of an agency under subchapter I of chapter 57 
        of title 5, United States Code, while away from the 
        home or regular place of business of the member in the 
        performance of duties of the Advisory Committee.
          (9) Meetings.--
                  (A) In general.--The Advisory Committee shall 
                meet at the call of the chairperson, but not 
                less frequently than twice annually.
                  (B) Open meetings.--Each meeting of the 
                Advisory Committee shall be open to the public.
                  (C) Prior notice of meetings.--Timely notice 
                of each meeting of the Advisory Committee shall 
                be published in the Federal Register and be 
                submitted to trade publications and 
                publications of general circulation.
                  (D) Subgroups.--The Advisory Committee may 
                establish such workgroups or subgroups as the 
                Advisory Committee deems necessary for the 
                purpose of compiling information or conducting 
                research.
          (10) Quorum.--A majority of the members of the 
        Advisory Committee shall constitute a quorum.
    (d) Expenses, Administrative Support, Technical Services, 
and Advice.--The Secretaries may provide for expenses, 
administrative support, technical services, and advice to the 
Advisory Committee that the Secretaries determine to be 
appropriate.
    (e) Annual Report.--
          (1) Required.--Not later than September 30 of each 
        year, the Advisory Committee shall submit a report to 
        the Secretaries, the Committee on Natural Resources and 
        the Committee on Agriculture of the House of 
        Representatives, and the Committee on Energy and 
        Natural Resources and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate.
          (2) Contents.--The report required under paragraph 
        (1) shall describe--
                  (A) the activities of the Advisory Committee 
                during the preceding year;
                  (B) the reports and recommendations made by 
                the Advisory Committee to the Secretaries 
                during the preceding year; and
                  (C) an accounting of actions taken by the 
                Secretaries as a result of the recommendations.
    (f) Federal Advisory Committee Act.--The Advisory Committee 
shall be exempt from the Federal Advisory Committee Act (5 
U.S.C. App.).

               PITTMAN ROBERTSON WILDLIFE RESTORATION ACT


                  Act of September 2, 1937, as amended


SEC. 2. DEFINITIONS.

    As used in this Act--
          (1) the term ``conservation'' means the use of 
        methods and procedures necessary or desirable to 
        sustain healthy populations of wildlife, including all 
        activities associated with scientific resources 
        management such as research, census, monitoring of 
        populations, acquisition, improvement and management of 
        habitat, live trapping and transplantation, wildlife 
        damage management, and periodic or total protection of 
        a species or population, as well as the taking of 
        individuals within wildlife stock or population if 
        permitted by applicable State and Federal law;
          (2) the term ``public target range'' means a specific 
        location that--
                  (A) is identified by a governmental agency 
                for recreational shooting;
                  (B) is open to the public;
                  (C) may be supervised; and
                  (D) may accommodate archery or rifle, pistol, 
                or shotgun shooting;
          [(2)] (3) the term ``Secretary'' means the Secretary 
        of the Interior;
          [(3)] (4) the term ``State fish and game department'' 
        or ``State fish and wildlife department'' means any 
        department or division of department of another name, 
        or commission, or official or officials, of a State 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
          [(4)] (5) the term ``wildlife'' means any species of 
        wild, free-ranging fauna including fish, and also fauna 
        in captive breeding programs the object of which is to 
        reintroduce individuals of a depleted indigenous 
        species into previously occupied range;
          [(5)] (6) the term ``wildlife-associated recreation'' 
        means projects intended to meet the demand for outdoor 
        activities associated with wildlife including, but not 
        limited to, hunting and fishing, wildlife observation 
        and photography, such projects as construction or 
        restoration of wildlife viewing areas, observation 
        towers, blinds, platforms, land and water trails, water 
        access, field trialing, trail heads, and access for 
        such projects;
          [(6)] (7) the term ``wildlife conservation and 
        restoration program'' means a program developed by a 
        State fish and wildlife department and approved by the 
        Secretary under section 669c(d) of this title, the 
        projects that constitute such a program, which may be 
        implemented in whole or part through grants and 
        contracts by a State to other State, Federal, or local 
        agencies (including those that gather, evaluate, and 
        disseminate information on wildlife and their 
        habitats), wildlife conservation organizations, and 
        outdoor recreation and conservation education entities 
        from funds apportioned under this chapter,\1\ and 
        maintenance of such projects;
          [(7)] (8) the term ``wildlife conservation 
        education'' means projects, including public outreach, 
        intended to foster responsible natural resource 
        stewardship; and
          [(8)] (9) the term ``wildlife-restoration project'' 
        includes the wildlife conservation and restoration 
        program and means the selection, restoration, 
        rehabilitation, and improvement of areas of land or 
        water adaptable as feeding, resting, or breeding places 
        for wildlife, including acquisition of such areas or 
        estates or interests therein as are suitable or capable 
        of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to 
        make them available for such purposes and also 
        including such research into problems of wildlife 
        management as may be necessary to efficient 
        administration affecting wildlife resources, and such 
        preliminary or incidental costs and expenses as may be 
        incurred in and about such projects.

           *       *       *       *       *       *       *

    Sec. 8. (a) Maintenance of wildlife-restoration projects 
established under the provisions of this Act shall be the duty 
of the States in accordance with their respective laws. 
Beginning July 1, 1945, the term ``wildlife-restoration 
project'', as defined in section 2 of this Act, shall include 
maintenance of completed projects. Notwithstanding any other 
provisions of this Act, funds apportioned to a State under this 
Act may be expended by the State for management (exclusive of 
law enforcement and public relations) of wildlife areas and 
resources. Funds from the Wildlife Conservation and Restoration 
Account may be used for a wildlife conservation education 
program, except that no such funds may be used for education 
efforts, projects, or programs that promote or encourage 
opposition to the regulated taking of wildlife.
    [(b) Each State] (b) Expenditures for Management of 
Wildlife Areas and Resources._
          (1) In general.--Except as provided in paragraph (2), 
        each State may use the funds apportioned to it under 
        section 669c(c) of this title to pay up to 75 per 
        centum of the costs of a hunter safety program and the 
        [construction, operation,] operation and maintenance of 
        public target ranges, as a part of such program. [The 
        non-Federal share]
          (2) Exception.--Notwithstanding the limitation 
        described in paragraph (1), a State may pay up to 90 
        percent of the cost of acquiring land for, expanding, 
        or constructing a public target range.
          (3) Non-federal share.--The non-Federal share of such 
        costs may be derived from license fees paid by hunters, 
        but not from other Federal grant programs. [The 
        Secretary]
          (4) Regulations.--The Secretary shall issue not later 
        than the 120th day after the effective date of this 
        subsection such regulations as he deems advisable 
        relative to the criteria for the establishment of 
        hunter safety programs and public target ranges under 
        this subsection.

           *       *       *       *       *       *       *


SEC. 10. FIREARM AND BOW HUNTER EDUCATION AND SAFETY PROGRAM GRANTS.

    (a) In general.--
          (1) Grants.--Of the revenues covered into the fund, 
        $7,500,000 for each of fiscal years 2001 and 2002, and 
        $8,000,000 for fiscal year 2003 and each fiscal year 
        thereafter, shall be apportioned among the States in 
        the manner specified in section 669c(c)of this title by 
        the Secretary of the Interior and used to make grants 
        to the States to be used for--
                  (A) in the case of a State that has not used 
                all of the funds apportioned to the State under 
                section 669c(c)of this title for the fiscal 
                year in the manner described in section 669g(b) 
                of this title--
                          (i) the enhancement of hunter 
                        education programs, hunter and sporting 
                        firearm safety programs, and hunter 
                        development programs;
                          (ii) the enhancement of interstate 
                        coordination and development of hunter 
                        education and shooting range programs;
                          (iii) the enhancement of bow hunter 
                        and archery education, safety, and 
                        development programs; and
                        (iv) the enhancement of construction or 
                        development of firearm shooting ranges 
                        and archery ranges, and the updating of 
                        safety features of firearm shooting 
                        ranges and archery ranges; and
                  (B) in the case of a State that has used all 
                of the funds apportioned to the State under 
                section 669c(c) of this title for the fiscal 
                year in the manner described in section 669g(b) 
                of this title, any use authorized by this 
                chapter (including hunter safety programs and 
                the construction, operation, and maintenance of 
                public target ranges).
          (2) Limitation on use.--Under paragraph (1), a State 
        shall not be required to use more than the amount 
        described in section 669g(b) of this title for hunter 
        safety programs and the construction, operation, and 
        maintenance of public target ranges.
          (3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under 
        section 4(b), the State may elect to allocate not more 
        than 10 percent, to be combined with the amount 
        apportioned to the State under paragraph (1) for that 
        fiscal year, for acquiring land for, expanding, or 
        constructing a public target range.
    [(b) Cost Sharing.--The Federal share of the cost of any 
activity carried out with a grant under this section shall not 
exceed 75 percent of the total cost of the activity.]
    (b) Cost Sharing.--
          (1) In general.--Except as provided in paragraph (2), 
        the Federal share of the cost of any activity carried 
        out using a grant under this section shall not exceed 
        75 percent of the total cost of the activity.
          (2) Public target range construction or expansion.--
        The Federal share of the cost of acquiring land for, 
        expanding, or constructing a public target range in a 
        State on Federal or non-Federal land pursuant to this 
        section or section 8(b) shall not exceed 90 percent of 
        the cost of the activity.
    (c) Period of Availability; Reapportionment.--
          (1) Period of availability.-- [Amounts made]
                  (A) In general.--Except as provided in 
                subparagraph (B), amounts made available and 
                apportioned for grants under this section shall 
                remain available only for the fiscal year for 
                which the amounts are apportioned.
                  (B) Exception.--Amounts provided for 
                acquiring land for, constructing, or expanding 
                a public target range shall remain available 
                for expenditure and obligation during the 5-
                fiscal-year period beginning on October 1 of 
                the first fiscal year for which the amounts are 
                made available.
          (2) Reapportionment.--At the end of the period of 
        availability under paragraph (1), the Secretary of the 
        Interior shall apportion amounts made available that 
        have not been used to make grants under this section 
        among the States described in subsection (a)(1)(B) for 
        use by those States in accordance with this chapter.

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, 
and every fiscal year thereafter, the Chairman of the 
Administrative Conference of the United States, after 
consultation with the Chief Counsel for Advocacy of the Small 
Business Administration, shall submit to Congress and make 
publicly available online a report on the amount of fees and 
other expenses awarded during the preceding fiscal year under 
this section.
    (2) Each report under paragraph (1) shall describe the 
number, nature, and amount of the awards, the claims involved 
in the controversy, and any other relevant information that may 
aid Congress in evaluating the scope and impact of such awards.
    (3)(A) Each report under paragraph (1) shall account for 
all payments of fees and other expenses awarded under this 
section that are made pursuant to a settlement agreement, 
regardless of whether the settlement agreement is sealed or 
otherwise subject to a nondisclosure provision.
    (B) The disclosure of fees and other expenses required 
under subparagraph (A) shall not affect any other information 
that is subject to a nondisclosure provision in a settlement 
agreement.
    (f) As soon as practicable, and in any event not later than 
the date on which the first report under subsection (e)(1) is 
required to be submitted, the Chairman of the Administrative 
Conference of the United States shall create and maintain 
online a searchable database containing, with respect to each 
award of fees and other expenses under this section made on or 
after the date of enactment of the Sportsmen's Act, the 
following information:
          (1) The case name and number of the adversary 
        adjudication, if available, hyperlinked to the case, if 
        available.
          (2) The name of the agency involved in the adversary 
        adjudication.
          (3) A description of the claims in the adversary 
        adjudication.
          (4) The name of each party to whom the award was made 
        as such party is identified in the order or other court 
        document making the award.
          (5) The amount of the award.
          (6) The basis for the finding that the position of 
        the agency concerned was not substantially justified.
    (g) The online searchable database described in subsection 
(f) may not reveal any information the disclosure of which is 
prohibited by law or a court order.
    (h) The head of each agency shall provide to the Chairman 
of the Administrative Conference of the United States in a 
timely manner all information requested by the Chairman to 
comply with the requirements of subsections (e), (f), and (g).
    [(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.

           *       *       *       *       *       *       *


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TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE

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Sec. 2412. Costs and fees

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    (d)(1)(A) * * *
          (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,] of this section, 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.

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          (5)(A) Not later than March 31 of the first fiscal 
        year beginning after the date of enactment of the 
        Sportsmen's Act, and every fiscal year thereafter, the 
        Chairman of the Administrative Conference of the United 
        States shall submit to Congress and make publicly 
        available online a report on the amount of fees and 
        other expenses awarded during the preceding fiscal year 
        pursuant to this subsection.
          (B) Each report under subparagraph (A) shall describe 
        the number, nature, and amount of the awards, the 
        claims involved in the controversy, and any other 
        relevant information that may aid Congress in 
        evaluating the scope and impact of such awards.
          (C)(i) Each report under subparagraph (A) shall 
        account for all payments of fees and other expenses 
        awarded under this subsection that are made pursuant to 
        a settlement agreement, regardless of whether the 
        settlement agreement is sealed or otherwise subject to 
        a nondisclosure provision.
          (ii) The disclosure of fees and other expenses 
        required under clause (i) shall not affect any other 
        information that is subject to a nondisclosure 
        provision in a settlement agreement.
          (D) The Chairman of the Administrative Conference of 
        the United States shall include and clearly identify in 
        each annual report under subparagraph (A), for each 
        case in which an award of fees and other expenses is 
        included in the report--
                  (i) any amounts paid under section 1304 of 
                title 31 for a judgment in the case;
                  (ii) the amount of the award of fees and 
                other expenses; and
                  (iii) the statute under which the plaintiff 
                filed suit.
          (6) As soon as practicable, and in any event not 
        later than the date on which the first report under 
        paragraph (5)(A) is required to be submitted, the 
        Chairman of the Administrative Conference of the United 
        States shall create and maintain online a searchable 
        database containing, with respect to each award of fees 
        and other expenses under this subsection made on or 
        after the date of enactment of the Sportsmen's Act, the 
        following information:
                  (A) The case name and number, hyperlinked to 
                the case, if available.
                  (B) The name of the agency involved in the 
                case.
                  (C) The name of each party to whom the award 
                was made as such party is identified in the 
                order or other court document making the award.
                  (D) A description of the claims in the case.
                  (E) The amount of the award.
                  (F) The basis for the finding that the 
                position of the agency concerned was not 
                substantially justified.
          (7) The online searchable database described in 
        paragraph (6) may not reveal any information the 
        disclosure of which is prohibited by law or a court 
        order.
          (8) The head of each agency (including the Attorney 
        General of the United States) shall provide to the 
        Chairman of the Administrative Conference of the United 
        States in a timely manner all information requested by 
        the Chairman to comply with the requirements of 
        paragraphs (5), (6), and (7).
    (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).

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TITLE 31--MONEY AND FINANCE

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Sec. 1304. Judgments, awards, and compromise settlements

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    (d) Beginning not later than the date that is 60 days after 
the date of enactment of the Sportsmen's Act, and unless the 
disclosure of such information is otherwise prohibited by law 
or a court order, the Secretary of the Treasury shall make 
available to the public on a website, as soon as practicable, 
but not later than 30 days after the date on which a payment 
under this section is tendered, the following information with 
regard to that payment:
          (1) The name of the specific agency or entity whose 
        actions gave rise to the claim or judgment.
          (2) The name of the plaintiff or claimant.
          (3) The name of counsel for the plaintiff or 
        claimant.
          (4) The amount paid representing principal liability, 
        and any amounts paid representing any ancillary 
        liability, including attorney fees, costs, and 
        interest.
          (5) A brief description of the facts that gave rise 
        to the claim.
          (6) The name of the agency that submitted the claim.

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TITLE 54--NATIONAL PARK SERVICE AND RELATED PROGRAMS

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                      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

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[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.]

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                      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
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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.
    (c) Donations.--The Secretary may authorize the donation 
and distribution of meat from wildlife management activities 
carried out under this section, including the donation and 
distribution to Indian tribes, qualified volunteers, food 
banks, and other organizations that work to address hunger, in 
accordance with applicable health guidelines and such terms and 
conditions as the Secretary may require.

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