Increasing Access and Multiple Use Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5705 To amend the Endangered Species Act of 1973 to restrict the Secretary’s ability to alter permits, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 29, 2020 Ms. CHENEY (for herself, Mr. GOSAR, Mr. MCCLINTOCK, Mr. NEWHOUSE, Mr. NORMAN, Mr. GIANFORTE, Mr. CRAWFORD, and Mr. ARMSTRONG) intro- duced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Endangered Species Act of 1973 to restrict the Secretary’s ability to alter permits, 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. 3 This Act may be cited as the ‘‘Increasing Access and 4 Multiple Use Act of 2020’’. 5 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 2 •HR 5705 IH SEC. 2. PERMIT CERTAINTY. 1 The Endangered Species Act of 1973 (16 U.S.C. 2 1531 et seq.) is amended by adding at the end the fol- 3 lowing: 4 ‘‘SEC. 19. PERMIT CHANGES. 5 ‘‘(a) IN GENERAL.—If the holder of a permit issued 6 under this Act for other than scientific purposes is in com- 7 pliance with the terms and conditions of the permit, the 8 Secretary may not require the holder, without the consent 9 of the holder, to adopt any new minimization, mitigation, 10 or other measure with respect to any species adequately 11 covered by the permit during the term of the permit, ex- 12 cept as provided in subsections (b) and (c) to meet cir- 13 cumstances that have changed subsequent to the issuance 14 of the permit. 15 ‘‘(b) CHANGED CIRCUMSTANCES IDENTIFIED IN 16 PERMIT.—For any circumstance identified in a permit 17 under this Act that has changed, the Secretary may, in 18 the absence of consent of the permit holder, require only 19 such additional minimization, mitigation, or other meas- 20 ures as are already provided in the permit or incorporated 21 document for such changed circumstance. 22 ‘‘(c) CHANGED CIRCUMSTANCES NOT IDENTIFIED IN 23 PERMIT.—For any changed circumstance not identified in 24 a permit under this Act, the Secretary may, in the absence 25 of consent of the permit holder, require only such addi- 26 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 3 •HR 5705 IH tional minimization, mitigation, or other measures to ad- 1 dress such changed circumstance that do not involve the 2 commitment of any additional land, water, or financial 3 compensation not otherwise committed, or the imposition 4 of additional restrictions on the use of any land, water 5 or other natural resources otherwise available for develop- 6 ment or use, under the original terms and conditions of 7 the permit or incorporated document. 8 ‘‘(d) BURDEN OF PROOF.—The Secretary shall have 9 the burden of proof in demonstrating and documenting, 10 with the best available scientific data, the occurrence of 11 any changed circumstances for purposes of this section.’’. 12 SEC. 3. NO NET LOSS. 13 A critical habitat designation or listing of a species 14 under the Endangered Species Act of 1973 (16 U.S.C. 15 1531 et seq.) shall not result in a net loss of acreage, per- 16 mits, or leases within grazing allotments or other multiple 17 use activities. 18 SEC. 4. PRESENCE OF A SPECIES. 19 The presence of critical habitat or a species listed 20 under the Endangered Species Act shall not the result in 21 the denial of any Federal permit, lease, or expansion of 22 multiple use activities based on the presence of the species 23 or habitat. 24 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 4 •HR 5705 IH SEC. 5. CONSULTATION REQUIREMENT. 1 The Secretary may not designate lands as critical 2 habitat unless, before such designation, the Secretary— 3 (1) consults with each community, county, mu- 4 nicipality, city, town, or township with boundaries 5 within or adjacent to lands affected by such designa- 6 tion; and 7 (2) obtains the concurrence for the designation 8 from— 9 (A) the governing body of each entity de- 10 scribed in paragraph (1); and 11 (B) the wildlife management and land 12 management authorities and governor of each 13 State in which all or part of the new or ex- 14 panded critical habitat would be located. 15 SEC. 6. RECREATIONAL FISHING AND HUNTING HERITAGE 16 OPPORTUNITIES ACT. 17 (a) DEFINITIONS.—In this section: 18 (1) FEDERAL PUBLIC LAND.—The term ‘‘Fed- 19 eral public land’’ means any land or water that is 20 owned and managed by the Bureau of Land Man- 21 agement or the Forest Service. 22 (2) FEDERAL PUBLIC LAND MANAGEMENT OF- 23 FICIALS.—The term ‘‘Federal public land manage- 24 ment officials’’ means— 25 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 5 •HR 5705 IH (A) the Secretary of the Interior and the 1 Director of the Bureau of Land Management 2 regarding Bureau of Land Management lands 3 and waters; and 4 (B) the Secretary of Agriculture and the 5 Chief of the Forest Service regarding the Na- 6 tional Forest System. 7 (3) HUNTING.— 8 (A) IN GENERAL.—Except as provided in 9 clause (ii), the term ‘‘hunting’’ means use of a 10 firearm, bow, or other authorized means in the 11 lawful— 12 (i) pursuit, shooting, capture, collec- 13 tion, trapping, or killing of wildlife; 14 (ii) attempt to pursue, shoot, capture, 15 collect, trap, or kill wildlife; or 16 (iii) the training of hunting dogs, in- 17 cluding field trials. 18 (B) EXCLUSION.—The term ‘‘hunting’’ 19 does not include the use of skilled volunteers to 20 cull excess animals (as defined by other Federal 21 law). 22 (4) RECREATIONAL FISHING.—The term ‘‘rec- 23 reational fishing’’ means the lawful— 24 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 6 •HR 5705 IH (A) pursuit, capture, collection, or killing 1 of fish; or 2 (B) attempt to capture, collect, or kill fish. 3 (5) RECREATIONAL SHOOTING.—The term 4 ‘‘recreational shooting’’ means any form of sport, 5 training, competition, or pastime, whether formal or 6 informal, that involves the discharge of a rifle, hand- 7 gun, or shotgun, or the use of a bow and arrow. 8 (b) RECREATIONAL FISHING, HUNTING, AND SHOOT- 9 ING.— 10 (1) IN GENERAL.—Subject to valid existing 11 rights and paragraph (7), and cooperation with the 12 respective State fish and wildlife agency, Federal 13 public land management officials shall exercise au- 14 thority under existing law, including provisions re- 15 garding land use planning, to facilitate use of and 16 access to Federal public lands, including National 17 Monuments, Wilderness Areas, Wilderness Study 18 Areas, and lands administratively classified as wil- 19 derness eligible or suitable and primitive or semi- 20 primitive areas, for recreational fishing, hunting, 21 and shooting, except as limited by— 22 (A) statutory authority that authorizes ac- 23 tion or withholding action for reasons of na- 24 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 7 •HR 5705 IH tional security, public safety, or resource con- 1 servation; 2 (B) any other Federal statute that specifi- 3 cally precludes recreational fishing, hunting, or 4 shooting on specific Federal public lands, 5 waters, or units thereof; or 6 (C) discretionary limitations on rec- 7 reational fishing, hunting, and shooting deter- 8 mined to be necessary and reasonable as sup- 9 ported by the best scientific evidence and ad- 10 vanced through a transparent public process. 11 (2) MANAGEMENT.—Consistent with paragraph 12 (1), the head of each Federal public land manage- 13 ment agency shall exercise its land management dis- 14 cretion— 15 (A) in a manner that supports and facili- 16 tates recreational fishing, hunting, and shooting 17 opportunities; 18 (B) to the extent authorized under applica- 19 ble State law; and 20 (C) in accordance with applicable Federal 21 law. 22 (3) PLANNING.— 23 (A) EVALUATION OF EFFECTS ON OPPOR- 24 TUNITIES TO ENGAGE IN RECREATIONAL FISH- 25 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 8 •HR 5705 IH ING, HUNTING, OR SHOOTING.—Federal public 1 land planning documents, including land re- 2 sources management plans, resource manage- 3 ment plans, and comprehensive conservation 4 plans, shall include a specific evaluation of the 5 effects of such plans on opportunities to engage 6 in recreational fishing, hunting, or shooting. 7 (B) NO MAJOR FEDERAL ACTION.—No ac- 8 tion taken under this title, or under section 4 9 of the National Wildlife Refuge System Admin- 10 istration Act of 1966 (16 U.S.C. 668dd), either 11 individually or cumulatively with other actions 12 involving Federal public lands or lands man- 13 aged by the United States Fish and Wildlife 14 Service, shall be considered under the National 15 Environmental Policy Act of 1969 (42 U.S.C. 16 4321 et seq.) to be a major Federal action sig- 17 nificantly affecting the quality of the human en- 18 vironment, and no additional identification, 19 analysis, or consideration of environmental ef- 20 fects, including cumulative effects, is necessary 21 or required with respect to such an action. 22 (C) OTHER ACTIVITY NOT CONSIDERED.— 23 Federal public land management officials are 24 not required to consider the existence or avail- 25 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 9 •HR 5705 IH ability of recreational fishing, hunting, or shoot- 1 ing opportunities on adjacent or nearby public 2 or private lands in the planning for or deter- 3 mination of which Federal public lands are 4 open for these activities or in the setting of lev- 5 els of use for these activities on Federal public 6 lands, unless the combination or coordination of 7 such opportunities would enhance the rec- 8 reational fishing, hunting, or shooting opportu- 9 nities available to the public. 10 (4) FEDERAL PUBLIC LANDS.— 11 (A) LANDS OPEN.—Notwithstanding any 12 other law, lands under the jurisdiction of the 13 Bureau of Land Management or the Forest 14 Service, including Wilderness Areas, Wilderness 15 Study Areas, lands designated as wilderness or 16 administratively classified as wilderness eligible 17 or suitable and primitive or semi-primitive areas 18 and National Monuments, but excluding lands 19 on the Outer Continental Shelf, shall be open to 20 recreational fishing, hunting, and shooting un- 21 less the managing Federal agency acts to close 22 lands to such activity. Lands may be made sub- 23 ject to closure to or restriction on recreational 24 fishing, hunting, or shooting if determined by 25 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 10 •HR 5705 IH the head of the agency concerned to be nec- 1 essary and reasonable and supported by facts 2 and evidence, for purposes including resource 3 conservation, public safety, energy or mineral 4 production, energy generation or transmission 5 infrastructure, water supply facilities, protec- 6 tion of other permittees, protection of private 7 property rights or interest, national security, or 8 compliance with other law. 9 (B) SHOOTING RANGES.— 10 (i) IN GENERAL.—The head of each 11 Federal agency shall use his or her au- 12 thorities in a manner consistent with this 13 title and other applicable law, to— 14 (I) lease or permit use of lands 15 under the jurisdiction of the agency 16 for shooting ranges; and 17 (II) designate specific lands 18 under the jurisdiction of the agency 19 for recreational shooting activities. 20 (ii) LIMITATION ON LIABILITY.—Any 21 designation under clause (i)(II) shall not 22 subject the United States to any civil ac- 23 tion or claim for monetary damages for in- 24 jury or loss of property or personal injury 25 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 11 •HR 5705 IH or death caused by any activity occurring 1 at or on such designated lands. 2 (5) NECESSITY IN WILDERNESS AREAS AND 3 ‘‘WITHIN AND SUPPLEMENTAL TO’’ WILDERNESS 4 PURPOSES.— 5 (A) MINIMUM REQUIREMENTS FOR ADMIN- 6 ISTRATION.—The provision of opportunities for 7 recreational fishing, hunting, and shooting and 8 the conservation of fish and wildlife to provide 9 sustainable use recreational opportunities on 10 designated Federal wilderness areas shall con- 11 stitute measures necessary to meet the min- 12 imum requirements for the administration of 13 the wilderness area, provided that this deter- 14 mination shall not authorize or facilitate com- 15 modity development, use, or extraction, motor- 16 ized recreational access or use that is not other- 17 wise allowed under the Wilderness Act (16 18 U.S.C. 1131 et seq.), or permanent road con- 19 struction or maintenance within designated wil- 20 derness areas. 21 (B) APPLICATION OF WILDERNESS ACT.— 22 Provisions of the Wilderness Act (16 U.S.C. 23 1131 et seq.), stipulating that wilderness pur- 24 poses are ‘‘within and supplemental to’’ the 25 VerDate Sep 11 2014 23:41 Jan 31, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705 dlhill on DSKBBY8HB2PROD with BILLS 12 •HR 5705 IH purposes of the underlying Federal land unit 1 are reaffirmed. When seeking to carry out fish 2 and wildlife conservation programs and projects 3 or provide fish and wildlife dependent recre- 4 ation opportunities on designated wilderness 5 areas, the head of each Federal agency shall 6 implement these supplemental purposes so as to 7 facilitate, enhance, or both, but not to impede 8 the underlying Federal land purposes when 9 seeking to carry out fish and wildlife conserva- 10 tion programs and projects or provide fish and 11 wildlife dependent recreation opportunities in 12 designated wilderness areas, provided that such 13 implementation shall not authorize or facilitate 14 commodity development, use or extraction, or 15 [Text truncated for display. Full text available on Congress.gov.]