S 901

112th CONGRESS
1st Session

S. 901

To amend the Land and Water Conservation Fund Act of 1965 to ensure that amounts are made available for projects to provide recreational public access, and for other purposes.

IN THE SENATE OF THE UNITED STATES

May 5, 2011

Mr. TESTER (for himself and Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources


A BILL

To amend the Land and Water Conservation Fund Act of 1965 to ensure that amounts are made available for projects to provide recreational public access, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Making Public Lands Public Access Act'.

SEC. 2. AVAILABILITY OF LAND AND WATER CONSERVATION FUND FOR RECREATIONAL PUBLIC ACCESS PROJECTS.

    (a) In General- Section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended to read as follows:

`SEC. 3. AVAILABILITY OF FUNDS FOR CERTAIN PROJECTS.

    `(a) In General- Notwithstanding any other provision of this Act, the Secretary of the Interior and the Secretary of Agriculture shall ensure that, of the amounts requested for the fund for each fiscal year, not less than the greater of 1.5 percent of the amounts or $10,000,000 shall be made available for projects identified on the priority list developed under subsection (b).

    `(b) Priority List- The Secretary of the Interior and the Secretary of Agriculture, in consultation with the head of each affected Federal agency, shall annually develop a priority list for the sites under the jurisdiction of the applicable Secretary.

    `(c) Criteria- Projects identified on the priority list developed under subsection (b) shall secure recreational public access to Federal public land in existence as of the date of enactment of this section that has significantly restricted access for hunting, fishing, and other recreational purposes through rights-of-way or acquisition of land (or any interest in land) from willing sellers.'.

    (b) Conforming Amendments-

      (1) LAND AND WATER CONSERVATION FUND ACT- The Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.) is amended--

        (A) in the proviso at the end of section 2(c)(2) (16 U.S.C. 460l-5(c)(2)), by striking `notwithstanding the provisions of section 3 of this Act';

        (B) in the first sentence of section 9 (16 U.S.C. 460l-10a), by striking `by section 3 of this Act'; and

        (C) in the third sentence of section 10 (16 U.S.C. 460l-10b), by striking `by section 3 of this Act'.

      (2) FEDERAL LAND TRANSACTION FACILITATION ACT- Section 206(f)(2) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(f)(2)) is amended by striking `section 3 of the Land and Water Conservation Fund Act (16 U.S.C. 460l-6)' and inserting `the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.)'.

END