ACCESS Act

I 116TH CONGRESS 1ST SESSION H. R. 1326 To provide for the preservation of America’s outdoor heritage and enhance recreation opportunities on Federal land, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 22, 2019 Mr. THOMPSON of California introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Commit- tees on the Judiciary, Agriculture, Transportation and Infrastructure, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the preservation of America’s outdoor heritage and enhance recreation opportunities on Federal land, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; SECRETARY DEFINED; TABLE OF 3 CONTENTS. 4 (a) SHORT TITLE.—This Act may be cited as the 5 ‘‘Authorizing Critical Conservation and Enabling Sports- 6 men and Sportswomen Act’’ or the ‘‘ACCESS Act’’. 7 VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 1326 IH (b) SECRETARY DEFINED.—For the purposes of this 1 Act, the term ‘‘Secretary’’ means the Secretary of the In- 2 terior unless otherwise specifically indicated. 3 (c) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 Sec. 1. Short title; Secretary defined; table of contents. TITLE I—NORTH AMERICAN WETLANDS CONSERVATION ACT REAUTHORIZATION Sec. 101. North American Wetlands Conservation Act. TITLE II—UNITED STATES FISH AND WILDLIFE SERVICE RESOURCE PROTECTION Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Liability. Sec. 204. Actions. Sec. 205. Use of recovered amounts. Sec. 206. Donations. Sec. 207. Transfer of funds from Natural Resource Damage Assessment and Restoration Fund. TITLE III—GREAT LAKES MONITORING, ASSESSMENT, SCIENCE, AND RESEARCH Sec. 301. Great Lakes monitoring, assessment, science, and research. TITLE IV—NATIONAL FISH AND WILDLIFE FOUNDATION ESTABLISHMENT ACT REAUTHORIZATION Sec. 401. National Fish and Wildlife Foundation Establishment Act. TITLE V—FISH HABITAT CONSERVATION Sec. 501. National fish habitat conservation through partnerships. TITLE VI—TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT Sec. 601. Short title. Sec. 602. Definition of public target range. Sec. 603. Amendments to Pittman-Robertson Wildlife Restoration Act. Sec. 604. Limits on liability. Sec. 605. Sense of Congress regarding cooperation. TITLE VII—WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY COMMITTEE Sec. 701. Wildlife and Hunting Heritage Conservation Council Advisory Com- mittee. VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 1326 IH TITLE VIII—FILM CREWS Sec. 801. Commercial filming. TITLE IX—CHESAPEAKE BAY Sec. 901. Reauthorization of Chesapeake Bay Program. Sec. 902. Reauthorization of Chesapeake Bay Initiative Act of 1998. TITLE X—CHRONIC WASTING DISEASE MANAGEMENT Sec. 1001. Short title. Sec. 1002. Definitions. Sec. 1003. Findings. Sec. 1004. Support for State efforts to manage and control chronic wasting dis- ease. Sec. 1005. Support for applied research regarding chronic wasting disease. Sec. 1006. Multi-agency cooperation with States to address chronic wasting dis- ease. TITLE XI—CHRONIC WASTING DISEASE TRANSMISSION IN CERVIDAE STUDY Sec. 1101. Short title. Sec. 1102. Findings. Sec. 1103. Chronic wasting disease transmission in cervidae resource study. Sec. 1104. Definitions. TITLE XII—MISCELLANEOUS PROVISIONS Sec. 1201. Respect for treaties and rights. Sec. 1202. No priority over other uses. Sec. 1203. State authority for fish and wildlife. TITLE I—NORTH AMERICAN 1 WETLANDS CONSERVATION 2 ACT REAUTHORIZATION 3 SEC. 101. NORTH AMERICAN WETLANDS CONSERVATION 4 ACT. 5 (a) REAL PROPERTY.—Section 6(a)(3) of the North 6 American Wetlands Conservation Act (16 U.S.C. 7 4405(a)(3)) is amended— 8 (1) by striking ‘‘(3) in lieu of’’ and inserting 9 the following: 10 VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 1326 IH ‘‘(3) PROVISION OF FUNDS OR CONVEYANCE OF 1 REAL PROPERTY INTEREST.— 2 ‘‘(A) IN GENERAL.—In lieu of’’; 3 (2) in the second sentence, by striking ‘‘The 4 Secretary shall’’ and inserting the following: 5 ‘‘(B) DETERMINATION.—The Secretary 6 shall’’; and 7 (3) by striking the third sentence and inserting 8 the following: 9 ‘‘(C) REAL PROPERTY.—Any real property 10 interest conveyed under this paragraph shall be 11 subject to terms and conditions that ensure 12 that— 13 ‘‘(i) the real property interest will be 14 administered for the long-term conserva- 15 tion and management of the wetland eco- 16 system and the fish and wildlife dependent 17 on that ecosystem; 18 ‘‘(ii) the grantor of a real property in- 19 terest has been provided with information 20 relating to all available conservation op- 21 tions, including conservation options that 22 involve the conveyance of a real property 23 interest for a limited period of time; and 24 VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 1326 IH ‘‘(iii) the provision of the information 1 described in clause (ii) has been docu- 2 mented.’’. 3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 4 7(c) of the North American Wetlands Conservation Act 5 (16 U.S.C. 4406(c)) is amended— 6 (1) in paragraph (4), by striking ‘‘and’’; 7 (2) in paragraph (5), by striking the period at 8 the end and inserting ‘‘; and’’; and 9 (3) by adding at the end the following: 10 ‘‘(6) $75,000,000 for each of fiscal years 2020 11 through 2024.’’. 12 TITLE II—UNITED STATES FISH 13 AND WILDLIFE SERVICE RE- 14 SOURCE PROTECTION 15 SEC. 201. SHORT TITLE. 16 This title may be cited as the ‘‘United States Fish 17 and Wildlife Service Resource Protection Act’’. 18 SEC. 202. DEFINITIONS. 19 In this title: 20 (1) DAMAGES.—The term ‘‘damages’’ means— 21 (A) compensation for— 22 (i)(I) the cost of replacing, restoring, 23 or acquiring the equivalent of a system re- 24 source; and 25 VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 1326 IH (II) the value of any significant loss of 1 use of a system resource, pending— 2 (aa) restoration or replacement 3 of the system resource; or 4 (bb) the acquisition of an equiva- 5 lent resource; or 6 (ii) the value of a system resource, if 7 the system resource cannot be replaced or 8 restored; and 9 (B) the cost of any relevant damage as- 10 sessment carried out pursuant to section 11 204(c). 12 (2) RESPONSE COST.—The term ‘‘response 13 cost’’ means the cost of any action carried out by 14 the Secretary— 15 (A) to prevent, minimize, or abate destruc- 16 tion or loss of, or injury to, a system resource; 17 (B) to abate or minimize the imminent risk 18 of such destruction, loss, or injury; or 19 (C) to monitor the ongoing effects of any 20 incident causing such destruction, loss, or in- 21 jury. 22 (3) SYSTEM RESOURCE.—The term ‘‘system re- 23 source’’ means any living, nonliving, historical, cul- 24 VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 1326 IH tural, or archeological resource that is located within 1 the boundaries of— 2 (A) a unit of the National Wildlife Refuge 3 System; 4 (B) a unit of the National Fish Hatchery 5 System; or 6 (C) any other land managed by the United 7 States Fish and Wildlife Service, including any 8 land managed cooperatively with any other Fed- 9 eral or State agency. 10 SEC. 203. LIABILITY. 11 (a) IN GENERAL.—Subject to subsection (c), any in- 12 dividual or entity that destroys, causes the loss of, or in- 13 jures any system resource, or that causes the Secretary 14 to carry out any action to prevent, minimize, or abate de- 15 struction or loss of, or injuries or risk to, any system re- 16 source, shall be liable to the United States for any re- 17 sponse costs or damages resulting from the destruction, 18 loss, or injury. 19 (b) LIABILITY IN REM.—Any instrumentality (includ- 20 ing a vessel, vehicle, aircraft, or other equipment or mech- 21 anism) that destroys, causes the loss of, or injures any 22 system resource, or that causes the Secretary to carry out 23 any action to prevent, minimize, or abate destruction or 24 loss of, or injury or risk to, a system resource shall be 25 VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 1326 IH liable in rem to the United States for any response costs 1 or damages resulting from the destruction, loss, or injury, 2 to the same extent that an individual or entity is liable 3 under subsection (a). 4 (c) DEFENSES.—An individual or entity shall not be 5 liable under this section, if the individual or entity can 6 establish that— 7 (1) the destruction or loss of, or injury to, the 8 system resource was caused solely by an act of God 9 or an act of war; or 10 (2)(A) the individual or entity exercised due 11 care; and 12 (B) the destruction or loss of, or injury to, the 13 system resource was caused solely by an act or omis- 14 sion of a third party, other than an employee or 15 agent of the individual or entity. 16 (d) SCOPE.—The liability established by this section 17 shall be in addition to any other liability arising under 18 Federal or State law. 19 SEC. 204. ACTIONS. 20 (a) CIVIL ACTIONS FOR RESPONSE COSTS AND DAM- 21 AGES.—The Attorney General, on request of the Sec- 22 retary, may commence a civil action in the United States 23 district court of appropriate jurisdiction against any indi- 24 VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 1326 IH vidual, entity, or instrumentality that may be liable under 1 section 203 for response costs or damages. 2 (b) ADMINISTRATIVE ACTIONS FOR RESPONSE 3 COSTS AND DAMAGES.— 4 (1) ACTION BY SECRETARY.— 5 (A) IN GENERAL.—Subject to paragraph 6 (2), the Secretary, after making a finding de- 7 scribed in subparagraph (B), may consider, 8 compromise, and settle a claim for response 9 costs and damages if the claim has not been re- 10 ferred to the Attorney General under subsection 11 (a). 12 (B) DESCRIPTION OF FINDINGS.—A find- 13 ing referred to in subparagraph (A) is a finding 14 that— 15 (i) destruction or loss of, or injury to, 16 a system resource has occurred; or 17 (ii) such destruction, loss, or injury 18 would occur absent an action by the Sec- 19 retary to prevent, minimize, or abate the 20 destruction, loss, or injury. 21 (2) REQUIREMENT.—In any case in which the 22 total amount to be recovered in a civil action under 23 subsection (a) may exceed $500,000 (excluding in- 24 terest), a claim may be compromised and settled 25 VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 1326 IH under paragraph (1) only with the prior written ap- 1 proval of the Attorney General. 2 (c) RESPONSE ACTIONS, ASSESSMENTS OF DAM- 3 AGES, AND INJUNCTIVE RELIEF.— 4 (1) IN GENERAL.—The Secretary may carry out 5 all necessary actions (including making a request to 6 the Attorney General to seek injunctive relief)— 7 (A) to prevent, minimize, or abate destruc- 8 tion or loss of, or injury to, a system resource; 9 or 10 (B) to abate or minimize the imminent risk 11 of such destruction, loss, or injury. 12 (2) ASSESSMENT AND MONITORING.— 13 (A) IN GENERAL.—The Secretary may as- 14 sess and monitor the destruction or loss of, or 15 injury to, any system resource for purposes of 16 paragraph (1). 17 (B) JUDICIAL REVIEW.—Any determina- 18 tion or assessment of damage to a system re- 19 source carried out under subparagraph (A) 20 shall be subject to judicial review under sub- 21 chapter II of chapter 5, and chapter 7, of title 22 5, United States Code (commonly known as the 23 ‘‘Administrative Procedure Act’’), on the basis 24 VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 1326 IH of the administrative record developed by the 1 Secretary. 2 SEC. 205. USE OF RECOVERED AMOUNTS. 3 (a) IN GENERAL.—An amount equal to the total 4 amount of the response costs and damages recovered by 5 the Secretary under this title and any amounts recovered 6 by the Federal Government under any provision of Fed- 7 eral, State, or local law (including regulations) or other- 8 wise as a result of the destruction or loss of, or injury 9 to, any system resource shall be made available to the Sec- 10 retary, without further appropriation, for use in accord- 11 ance with subsection (b). 12 (b) USE.—The Secretary may use amounts made 13 available under subsection (a) only, in accordance with ap- 14 plicable law— 15 (1) to reimburse response costs and damage as- 16 sessments carried out pursuant to this title by the 17 Secretary or such other Federal agency as the Sec- 18 retary determines to be appropriate; 19 (2) to restore, replace, or acquire the equivalent 20 of a system resource that was destroyed, lost, or in- 21 jured; or 22 (3) to monitor and study system resources. 23 VerDate Sep 11 2014 19:57 Mar 05, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1326.IH H1326 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 1326 IH SEC. 206. DONATIONS. 1 (a) IN GENERAL.—In addition to any other authority 2 to accept donations, the Secretary may accept donations 3 of money or services for expenditure or use to meet ex- 4 pected, immediate, or ongoing response costs and dam- 5 ages. 6 (b) TIMING.—A donation described in subsection (a) 7 may be expended or used at any time after acceptance of 8 the donation, without further action by Congress. 9 SEC. 207. TRANSFER OF FUNDS FROM NATURAL RESOURCE 10 DAMAGE ASSESSMENT AND RESTORATION 11 FUND. 12 The matter under the heading ‘‘NATURAL RESOURCE 13 DAMAGE ASSESSMENT AND RESTORATION FUND’’ under 14 the heading ‘‘UNITED STATES FISH AND WILDLIFE SERV- 15 ICE’’ of title I of the Department of the Interior and Re- 16 lated Agencies Ap [Text truncated for display. Full text available on Congress.gov.]