§7915 — Title 16 Conservation | U.S. Code

Summary

Require federal land managers to make and publish priority lists of places where people are legally allowed to hunt, fish, or recreate but cannot reach the land or have very limited access. The first list had to be made within 1 year after March 12, 2019, and then a new list every 2 years during the 10-year period that starts when the first list is finished. Each parcel must be at least 640 contiguous acres. The agency must let the public nominate parcels. When making the list, the agency must look at whether access is missing or limited, how likely it is that access can be fixed, the land’s recreation potential, public input, and any other relevant factors. For each parcel, the list must say if fixing access would require buying an easement, right-of-way, or fee title from another Federal agency, a State/local/Tribal government, or a private owner. The agency must also send a report to the Senate Committees on Appropriations and Energy and Natural Resources and the House Committees on Appropriations and Natural Resources describing ways to provide access that minimize harm to wildlife and water, the steps needed (including acquisitions or coordination with other governments), and how the plan fits the existing travel management plan. The published lists and reports must not include personal identifying information. The agency cannot use a State, local, Tribal, or private owner’s past decisions about access when deciding on permits or agreements. Access options must include motorized and non-motorized travel and access on foot or horseback. The lists do not change whether a particular recreational use is allowed, and only consider uses already allowed at the time the list is made. Key terms: "Secretary" — the agency head for NPS, Fish & Wildlife, and BLM lands, or the Secretary of Agriculture for Forest Service lands. "State or regional office" — a BLM State office or a regional office of NPS, Fish & Wildlife, or Forest Service. "Travel management plan" — the agency’s plan that controls where and how travel is allowed on those lands.

Title 16, §7915

Conservation — Source: USLM XML via OLRC

(a)In this section:

(1)The term “Secretary” means—

(A)the Secretary, with respect to land administered by—

(i)the Director of the National Park Service;

(ii)the Director of the United States Fish and Wildlife Service; and

(iii)the Director of the Bureau of Land Management; and

(B)the Secretary of Agriculture, with respect to land administered by the Chief of the Forest Service.

(2)The term “State or regional office” means—

(A)a State office of the Bureau of Land Management; or

(B)a regional office of—

(i)the National Park Service;

(ii)the United States Fish and Wildlife Service; or

(iii)the Forest Service.

(3)The term “travel management plan” means a plan for the management of travel—

(A)with respect to land under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36, Code of Federal Regulations (or successor regulations);

(B)with respect to land under the jurisdiction of the United States Fish and Wildlife Service, on the land under a comprehensive conservation plan prepared under section 668dd(e) of this title;

(C)with respect to land under the jurisdiction of the Forest Service, on National Forest System land under part 212 of title 36, Code of Federal Regulations (or successor regulations); and

(D)with respect to land under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

(b)(1)Not later than 1 year after March 12, 2019, and biennially thereafter during the 10-year period beginning on the date on which the first priority list is completed, the Secretary shall prepare a priority list, to be made publicly available on the website of the applicable Federal agency referred to in subsection (a)(1), which shall identify 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—

(A)to which there is no public access or egress; or

(B)to which public access or egress to the legal boundaries of the land is significantly restricted (as determined by the Secretary).

(2)Any land identified under paragraph (1) shall consist of contiguous acreage of at least 640 acres.

(3)In preparing the priority list required under paragraph (1), the Secretary shall consider, with respect to the land—

(A)whether access is absent or merely restricted, including the extent of the restriction;

(B)the likelihood of resolving the absence of or restriction to public access;

(C)the potential for recreational use;

(D)any information received from the public or other stakeholders during the nomination process described in paragraph (5); and

(E)any other factor, as determined by the Secretary.

(4)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—

(A)another Federal agency;

(B)a State, local, or Tribal government; or

(C)a private landowner.

(5)In preparing a priority list under this section, the Secretary shall provide an opportunity for members of the public to nominate parcels for inclusion on the priority list.

(c)With respect to land included on a priority list described in subsection (b), the Secretary shall develop and submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report on options for providing access that—

(1)identifies how public access and egress could reasonably be provided to the legal boundaries of the land in a manner that minimizes the impact on wildlife habitat and water quality;

(2)specifies the steps recommended to secure the access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of any land that abuts the land or the need to coordinate with State land management agencies or other Federal, State, or Tribal governments to allow for such access and egress; and

(3)is consistent with the travel management plan in effect on the land.

(d)In making the priority list and report prepared under subsections (b) and (c) available, the Secretary shall ensure that no personally identifying information is included, such as names or addresses of individuals or entities.

(e)For purposes of providing any permits to, or entering into agreements with, a State, local, or Tribal government or private landowner with respect to the use of land under the jurisdiction of the government or landowner, the Secretary shall not take into account whether the State, local, or Tribal government or private landowner has granted or denied public access or egress to the land.

(f)In considering public access and egress under subsections (b) and (c), the Secretary shall consider public access and egress to the legal boundaries of the land described in those subsections, including access and egress—

(1)by motorized or non-motorized vehicles; and

(2)on foot or horseback.

(g)(1)This section shall have no effect on whether a particular recreational use shall be allowed on the land included in a priority list under this section.

(2)In preparing the priority list under subsection (b), the Secretary shall only consider recreational uses that are allowed on the land at the time that the priority list is prepared.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(3)(D), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1701 of Title 43, Public Lands, and Tables.

Statutory Notes and Related Subsidiaries

Definition of “Secretary” Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under section 1 of this title.

§7915 Identifying opportunities for recreation, hunting, and fishing on Federal land