,i #aafth ,,congress #b;d ,session ,h4 ,r4 #egje ,,in ,,the ,,house ,,of ,,representatives ,january #bi1 #bjbj,ms4 ,cheney 7for herself1 ,mr4 ,gosar1 ,mr4 ,mc,clintock1 ,mr4 ,newhouse1 ,mr4 ,norman1 ,mr4 ,gianforte1 ,mr4 ,crawford1 and ,mr4 ,armstrong7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,endangered ,species ,act of #aigc to restrict the ,secretary's ability to alter permits1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,increasing ,access and ,multiple ,use ,act of #bjbj4 #b4 ,permit certainty ,the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 is amended by adding at the end the following3 #ai4 ,permit changes 7a7 ,in general ,if the holder of a permit issued under this ,act for other than scientific purposes is in compliance with the terms and conditions of the permit1 the ,secretary may not require the holder1 without the consent of the holder1 to adopt any new minimization1 mitigation1 or other measure with respect to any species adequately covered by the permit during the term of the permit1 except as provided in subsections 7b7 and 7c7 to meet circumstances that have changed subsequent to the issuance of the permit4 7b7 ,changed circumstances identified in permit ,for any circumstance identified in a permit under this ,act that has changed1 the ,secretary may1 in the absence of consent of the permit holder1 require only such additional minimization1 mitigation1 or other measures as are already provided in the permit or incorporated document for such changed circumstance4 7c7 ,changed circumstances not identified in permit ,for any changed circumstance not identified in a permit under this ,act1 the ,secretary may1 in the absence of consent of the permit holder1 require only such additional minimization1 mitigation1 or other measures to address such changed circumstance that do not involve the commitment of any additional land1 water1 or financial compensation not otherwise committed1 or the imposition of additional restrictions on the use of any land1 water or other natural resources otherwise available for development or use1 under the original terms and conditions of the permit or incorporated document4 7d7 ,burden of proof ,the ,secretary shall have the burden of proof in demonstrating and documenting1 with the best available scientific data1 the occurrence of any changed circumstances for purposes of this section4 4 #c4 ,no net loss ,a critical habitat designation or listing of a species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 shall not result in a net loss of acreage1 permits1 or leases within grazing allotments or other multiple use activities4 #d4 ,presence of a species ,the presence of critical habitat or a species listed under the ,endangered ,species ,act shall not the result in the denial of any ,federal permit1 lease1 or expansion of multiple use activities based on the presence of the species or habitat4 #e4 ,consultation requirement ,the ,secretary may not designate lands as critical habitat unless1 before such designation1 the ,secretary-- 7#a7 consults with each community1 county1 municipality1 city1 town1 or township with boundaries within or adjacent to lands affected by such designation2 and 7#b7 obtains the concurrence for the designation from-- 7,a7 the governing body of each entity described in paragraph 7#a72 and 7,b7 the wildlife management and land management authorities and governor of each ,state in which all or part of the new or expanded critical habitat would be located4 #f4 ,recreational ,fishing and ,hunting ,heritage ,opportunities ,act 7a7 ,definitions ,in this section3 7#a7 ,federal public land ,the term ,federal public land means any land or water that is owned and managed by the ,bureau of ,land ,management or the ,forest ,service4 7#b7 ,federal public land management officials ,the term ,federal public land management officials means-- 7,a7 the ,secretary of the ,interior and the ,director of the ,bureau of ,land ,management regarding ,bureau of ,land ,management lands and waters2 and 7,b7 the ,secretary of ,agriculture and the ,chief of the ,forest ,service regarding the ,national ,forest ,system4 7#c7 hunting 7,a7 ,in general ,except as provided in clause 7ii71 the term hunting means use of a firearm1 bow1 or other authorized means in the lawful-- 7i7 pursuit1 shooting1 capture1 collection1 trapping1 or killing of wildlife2 7ii7 attempt to pursue1 shoot1 capture1 collect1 trap1 or kill wildlife2 or 7iii7 the training of hunting dogs1 including field trials4 7,b7 ,exclusion ,the term hunting does not include the use of skilled volunteers to cull excess animals 7as defined by other ,federal law74 7#d7 ,recreational fishing ,the term recreational fishing means the lawful-- 7,a7 pursuit1 capture1 collection1 or killing of fish2 or 7,b7 attempt to capture1 collect1 or kill fish4 7#e7 ,recreational shooting ,the term recreational shooting means any form of sport1 training1 competition1 or pastime1 whether formal or informal1 that involves the discharge of a rifle1 handgun1 or shotgun1 or the use of a bow and arrow4 7b7 ,recreational fishing1 hunting1 and shooting 7#a7 ,in general ,subject to valid existing rights and paragraph 7#g71 and cooperation with the respective ,state fish and wildlife agency1 ,federal public land management officials shall exercise authority under existing law1 including provisions regarding land use planning1 to facilitate use of and access to ,federal public lands1 including ,national ,monuments1 ,wilderness ,areas1 ,wilderness ,study ,areas1 and lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas1 for recreational fishing1 hunting1 and shooting1 except as limited by-- 7,a7 statutory authority that authorizes action or withholding action for reasons of national security1 public safety1 or resource conservation2 7,b7 any other ,federal statute that specifically precludes recreational fishing1 hunting1 or shooting on specific ,federal public lands1 waters1 or units thereof2 or 7,c7 discretionary limitations on recreational fishing1 hunting1 and shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process4 7#b7 ,management ,consistent with paragraph 7#a71 the head of each ,federal public land management agency shall exercise its land management discretion-- 7,a7 in a manner that supports and facilitates recreational fishing1 hunting1 and shooting opportunities2 7,b7 to the extent authorized under applicable ,state law2 and 7,c7 in accordance with applicable ,federal law4 7#c7 ,planning 7,a7 ,evaluation of effects on opportunities to engage in recreational fishing1 hunting1 or shooting ,federal public land planning documents1 including land resources management plans1 resource management plans1 and comprehensive conservation plans1 shall include a specific evaluation of the effects of such plans on opportunities to engage in recreational fishing1 hunting1 or shooting4 7,b7 ,no major ,federal action ,no action taken under this title1 or under section #d of the ,national ,wildlife ,refuge ,system ,administration ,act of #aiff 7#af ,u4,s4,c4 #ffh;dd71 either individually or cumulatively with other actions involving ,federal public lands or lands managed by the ,united ,states ,fish and ,wildlife ,service1 shall be considered under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to be a major ,federal action significantly affecting the quality of the human environment1 and no additional identification1 analysis1 or consideration of environmental effects1 including cumulative effects1 is necessary or required with respect to such an action4 7,c7 ,other activity not considered ,federal public land management officials are not required to consider the existence or availability of recreational fishing1 hunting1 or shooting opportunities on adjacent or nearby public or private lands in the planning for or determination of which ,federal public lands are open for these activities or in the setting of levels of use for these activities on ,federal public lands1 unless the combination or coordination of such opportunities would enhance the recreational fishing1 hunting1 or shooting opportunities available to the public4 7#d7 ,federal public lands 7,a7 ,lands open ,notwithstanding any other law1 lands under the jurisdiction of the ,bureau of ,land ,management or the ,forest ,service1 including ,wilderness ,areas1 ,wilderness ,study ,areas1 lands designated as wilderness or administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas and ,national ,monuments1 but excluding lands on the ,outer ,continental ,shelf1 shall be open to recreational fishing1 hunting1 and shooting unless the managing ,federal agency acts to close lands to such activity4 ,lands may be made subject to closure to or restriction on recreational fishing1 hunting1 or shooting if determined by the head of the agency concerned to be necessary and reasonable and supported by facts and evidence1 for purposes including resource conservation1 public safety1 energy or mineral production1 energy generation or transmission infrastructure1 water supply facilities1 protection of other permittees1 protection of private property rights or interest1 national security1 or compliance with other law4 7,b7 ,shooting ranges 7i7 ,in general ,the head of each ,federal agency shall use his or her authorities in a manner consistent with this title and other applicable law1 to-- 7,i7 lease or permit use of lands under the jurisdiction of the agency for shooting ranges2 and 7,,ii7 designate specific lands under the jurisdiction of the agency for recreational shooting activities4 7ii7 ,limitation on liability ,any designation under clause 7i77,,ii7 shall not subject the ,united ,states to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated lands4 7#e7 ,necessity in wilderness areas and within and supplemental to wilderness purposes 7,a7 ,minimum requirements for administration ,the provision of opportunities for recreational fishing1 hunting1 and shooting and the conservation of fish and wildlife to provide sustainable use recreational opportunities on designated ,federal wilderness areas shall constitute measures necessary to meet the minimum requirements for the administration of the wilderness area1 provided that this determination shall not authorize or facilitate commodity development1 use1 or extraction1 motorized recreational access or use that is not otherwise allowed under the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 or permanent road construction or maintenance within designated wilderness areas4 7,b7 ,application of ,wilderness ,act ,provisions of the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 stipulating that wilderness purposes are within and supplemental to the purposes of the underlying ,federal land unit are reaffirmed4 ,when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities on designated wilderness areas1 the head of each ,federal agency shall implement these supplemental purposes so as to facilitate1 enhance1 or both1 but not to impede the underlying ,federal land purposes when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities in designated wilderness areas1 provided that such implementation shall not authorize or facilitate commodity development1 use or extraction1 or permanent road construction or use within designated wilderness areas4 7#f7 ,report ,beginning on the second ,october #a after the date of the enactment of this ,act and biennially on ,october #a thereafter1 the head of each ,federal agency who has authority to manage ,federal public land on which recreational fishing1 hunting1 or shooting occurs shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that describes-- 7,a7 any ,federal public land administered by the agency head that was closed to recreational fishing1 hunting1 or shooting at any time during the preceding year2 and 7,b7 the reason for the closure4 7#g7 ,closures or significant restrictions of #fdj or more acres 7,a7 ,in general ,other than closures established or prescribed by land planning actions referred to in paragraph 7#d7 or emergency closures described in subparagraph 7,c71 a permanent or temporary withdrawal1 change of classification1 or change of management status of ,federal public land that effectively closes or significantly restricts #fdj or more contiguous acres of ,federal public land to access or use for recreational fishing or hunting or activities related to recreational fishing or hunting1 or both1 shall take effect only if1 before the date of withdrawal or change1 the head of the ,federal agency that has jurisdiction over the ,federal public land-- 7i7 publishes appropriate notice of the withdrawal or change1 respectively2 7ii7 demonstrates that coordination has occurred with a ,state fish and wildlife agency2 and 7iii7 submits to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate written notice of the withdrawal or change1 respectively4 7,b7 ,aggregate or cumulative effects ,if the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts #a1bhj or more acres of land or water1 such withdrawals and changes shall be treated as a single withdrawal or change for purposes of subparagraph 7,a74 7,c7 ,emergency closures ,nothing in this title prohibits a ,federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety1 resource conservation1 national security1 or other purposes authorized by law4 ,such an emergency closure shall terminate after a reasonable period of time unless converted to a permanent closure consistent with this section4 7#h7 ,national park service units not affected ,nothing in this title shall affect or modify management or use of units of the ,national ,park ,system4 7#i7 ,no priority ,nothing in this title requires a ,federal land management agency to give preference to recreational fishing1 hunting1 or shooting over other uses of ,federal public land or over land or water management priorities established by ,federal law4 7#aj7 ,consultation with councils ,in fulfilling the duties set forth in this section1 the heads of ,federal agencies shall consult with respective advisory councils as established in ,executive ,order ,nos4 #abifb and #acddc4 7#aa7 ,authority of the ,states 7,a7 ,in general ,nothing in this title shall be construed as interfering with1 diminishing1 or conflicting with the authority1 jurisdiction1 or responsibility of any ,state to exercise primary management1 control1 or regulation of fish and wildlife under ,state law 7including regulations7 on land or water within the ,state1 including on ,federal public land4 7,b7 ,federal licenses ,nothing in this title shall be construed to authorize the head of a ,federal agency to require a license1 fee1 or permit to fish1 hunt1 or trap on land or water in a ,state1 including on ,federal public land in the ,states1 except that this paragraph shall not affect the ,migratory ,bird ,stamp requirement set forth in the ,migratory ,bird ,hunting and ,conservation ,stamp ,act 7#af ,u4,s4,c4 #gah et seq474 7c7 ,volunteer hunters2 reports2 closures and restrictions 7#a7 ,definitions ,for the purposes of this subsection3 7,a7 ,public land ,the term public land means-- 7i7 units of the ,national ,park ,system2 7ii7 ,national ,forest ,system lands2 and 7iii7 land and interests in land owned by the ,united ,states and under the administrative jurisdiction of-- 7,i7 the ,united ,states ,fish and ,wildlife ,service2 or 7,,ii7 the ,bureau of ,land ,management4 7,b7 ,secretary ,the term ,secretary means-- 7i7 the ,secretary of the ,interior and includes the ,director of the ,national ,park ,service1 with regard to units of the ,national ,park ,system2 7ii7 the ,secretary of the ,interior and includes the ,director of the ,united ,states ,fish and ,wildlife ,service1 with regard to ,united ,states ,fish and ,wildlife ,service lands and waters2 7iii7 the ,secretary of the ,interior and includes the ,director of the ,bureau of ,land ,management1 with regard to ,bureau of ,land ,management lands and waters2 and 7iv7 the ,secretary of ,agriculture and includes the ,chief of the ,forest ,service1 with regard to ,national ,forest ,system lands4 7,c7 ,volunteer from the hunting community ,the term volunteer from the hunting community means a volunteer who holds a valid hunting license issued by a ,state4 7#b7 ,volunteer hunters ,when planning wildlife management involving reducing the size of a wildlife population on public land1 the ,secretary shall consider the use of and may use volunteers from the hunting community as agents to assist in carrying out wildlife management on public land4 ,the ,secretary shall not reject the use of volunteers from the hunting community as agents without the concurrence of the appropriate ,state wildlife management authorities4 7#c7 ,report ,beginning on the second ,october #a after the date of the enactment of this ,act and biennially on ,october #a thereafter1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate a report that describes-- 7,a7 any public land administered by the ,secretary that was closed to fishing1 hunting1 and recreational shooting at any time during the preceding year2 and 7,b7 the reason for the closure4 7#d7 ,closures or significant restrictions 7,a7 ,in general ,other than closures established or prescribed by land planning actions referred to in subparagraph 7,b71 a permanent or temporary withdrawal1 change of classification1 or change of management status of public land that effectively closes or significantly restricts any acreage of public land to access or use for fishing1 hunting1 recreational shooting1 or activities related to fishing1 hunting1 or recreational shooting1 or a combination of those activities1 shall take effect only if1 before the date of withdrawal or change1 the ,secretary-- 7i7 publishes appropriate notice of the withdrawal or change1 respectively2 7ii7 demonstrates that coordination has occurred with a ,state fish and wildlife agency2 and 7iii7 submits to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources of the ,senate written notice of the withdrawal or change1 respectively4 7,b7 ,emergency closures ,nothing in this section prohibits the ,secretary from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety1 resource conservation1 national security1 or other purposes authorized by law4 ,such an emergency closure shall terminate after a reasonable period of time unless converted to a permanent closure consistent with this section4 #g4 ,hunting and recreational fishing within the ,national ,forest ,system and ,national ,wildlife ,refuge ,system ,the ,secretary concerned may not establish policies1 directives1 or regulations that restrict the type1 season1 or method of hunting or recreational fishing on lands within the ,national ,forest ,system or ,national ,wildlife ,refuge ,system that are otherwise open to those activities4 #h4 ,roads and trails within the ,national ,forest ,system and ,national ,wildlife ,refuge ,system ,the ,secretary concerned may not establish policies1 directives1 or regulations that restrict public access to public lands1 including any change in access to claims1 leases1 or access using motorized vehicles or nonmotorized means resulting from-- 7#a7 the decommissioning in whole or in part of a road1 trail1 or combination road and trail system2 7#b7 a change in the status of a road as open or closed2 or 7#c7 a change in road densities4 #i4 ,vacant grazing allotments made available to certain grazing permit holders 7a7 ,in general ,the ,secretary concerned shall1 to the maximum extent practicable1 make vacant grazing allotments available to a holder of a grazing permit or lease issued by such ,secretary if the such ,secretary determines that the lands covered by such permit or lease are unusable because of-- 7#a7 a natural disaster 7including a drought or wildfire72 7#b7 court-issued injunction2 or 7#c7 a conflict with wildlife4 7b7 ,terms and conditions ,the terms and conditions contained in a permit or lease for a vacant grazing allotment made available pursuant to subsection 7a7 shall be the terms and conditions of the most recent permit or lease that was applicable to such allotment4 ,if the terms and conditions of the most recent permit or lease do not support the maximum allowable access1 the permit or lease holder shall have immediate access to the allotment under the terms and conditions of the most recent permit or lease and the ,secretary and the permit or lease holder shall enter into a negotiation not to exceed #cj days to achieve accessible use that is equal or greater than the use of a lease or permit that the ,secretary concerned determines unusable under subsection 7a74 7c7 ,court-,issued injunctions ,a court may not issue any order enjoining the use of any allotment for which a permit or lease has been issued by the ,secretary concerned and continues in effect unless the ,secretary concerned can make a vacant grazing allotment available to the holder of such permit or lease4 7d7 ,environmental assessment under the ,national ,environmental ,policy ,act ,activities carried out by the ,secretary concerned pursuant to subsection 7a7 are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 #aj4 ,certain actions deemed in compliance 7a7 ,actions deemed in compliance ,during the period beginning on the date of the enactment of this ,act and ending on the date described in subsection 7b71 any action that is taken by a ,federal agency1 ,state agency1 or other person and that complies with the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq47 is deemed to comply with sections #g7;a77#b7 and #i7;a77#a77;,b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a77#b71 #aech7;a77#a77;,b77 7as amended by this ,act7 and regulations issued under section #d7;d7 of such ,act 7#af ,u4,s4,c4 #aecc7;d774 7b7 ,termination date ,the date referred to in subsection 7a7 is the earlier of-- 7#a7 the date that is #e years after the date of enactment of this ,act2 and 7#b7 the date of the completion of any procedure required under subpart ,d of part #djb of title #ej1 ,code of ,federal ,regulations1 with respect to the action referred to in subsection 7a74 7c7 ,limitation on application ,this section shall not affect any procedure pursuant to part #djb of title #ej1 ,code of ,federal ,regulations1 that is required by any court order issued before the date of the enactment of this ,act4 #aa4 ,reimbursement for depredation of livestock by reintroduced species 7a7 ,in general ,the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service1 may reimburse the owner of livestock for any loss of livestock resulting from depredation by any population of a species if the population is listed under as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 and includes or derives from members of the species that were reintroduced into the wild4 7b7 ,limitation on requirement ,to present body ,the ,secretary may not require the owner of livestock to present the body of individual livestock as a condition of payment of reimbursement under this section4 7c7 ,use of donations ,the ,secretary may accept and use donations of funds to pay reimbursement under this section4 #ab4 ,definitions ,in this ,act3 7#a7 ,the term ,secretary means the ,secretary of the ,interior4 7#b7 ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system ,lands2 and 7,b7 the ,secretary of the ,interior1 with respect to public land4