S.Amdt. 3654Senate113th Congress (2013-2015)

S.Amdt. 3654

What it does: Adds SEC. ____. PUBLIC ACCESS TO PUBLIC LAND GUARANTEE at the end of the bill
Sponsored by Jeff FlakeSen. Jeff Flake (R-AZ)
Submitted July 24, 2014

What it changes

1 change to S. 2569 · shown in the bill's text

Adds a section
  1. Adds SEC. ____. PUBLIC ACCESS TO PUBLIC LAND GUARANTEE at the end of the bill

    Adds a section

    In S. 2569 · Placed on Calendar Senate

    (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

    Inserted: SEC. ____. PUBLIC ACCESS TO PUBLIC LAND GUARANTEE.

    Inserted: (a) Findings.--Congress finds that--

    Inserted: (1) public land in the United States is managed and administered for the use and enjoyment of present and future generations;

    Inserted: (2) the National Park System (including National Parks, National Monuments, and National Recreation Areas) is managed for the benefit and inspiration of all the people of the United States;

    Inserted: (3) the National Wildlife Refuge System is administered for the benefit of present and future generations of people in the United States, with priority consideration for compatible wildlife-dependent general public uses of the National Wildlife Refuge System;

    Inserted: (4) the National Forest System is dedicated to the long-term benefit of present and future generations; and

    Inserted: (5) the reopening and temporary operation and management of public land, the National Park System, the National Wildlife Refuge System, and the National Forest System using funds from States and political subdivisions of States during periods in which the Federal Government is unable to operate and manage the areas at normal levels due to a lapse in appropriations is consistent with the values and purposes for which those areas were established.

    Inserted: (b) Definitions.--In this section:

    Inserted: (1) Covered unit.--The term "covered unit" means--

    Inserted: (A) public land;

    Inserted: (B) units of the National Park System;

    Inserted: (C) units of the National Wildlife Refuge System; or

    Show 12 more inserted paragraphs

    Inserted: (D) units of the National Forest System.

    Inserted: (2) Public land.--The term "public land" has the meaning given the term "public lands" in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

    Inserted: (3) Secretary.--The term "Secretary" means--

    Inserted: (A) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; or

    Inserted: (B) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture.

    Inserted: (c) Agreement to Keep Public Land Open During a Government Shutdown.--

    Inserted: (1) In general.--Subject to paragraph (2), if a State or political subdivision of the State offers, the Secretary shall enter into an agreement with the State or political subdivision of the State under which the United States may accept funds from the State or political subdivision of the State to reopen, in whole or in part, any covered unit within the State or political subdivision of the State during any period in which there is a lapse in appropriations for the covered unit.

    Inserted: (2) Applicability.--The authority under paragraph (1) shall only be in effect during any period in which the Secretary is unable to operate and manage covered units at normal levels, as determined in accordance with the terms of agreement entered into under paragraph (1).

    Inserted: (3) Refund.--The Secretary shall refund to the State or political subdivision of the State all amounts provided to the United States under an agreement entered into under paragraph (1)--

    Inserted: (A) on the date of enactment of an Act retroactively appropriating amounts sufficient to maintain normal operating levels at the covered unit reopened under an agreement entered into under paragraph (1); or

    Inserted: (B) on the date on which the State or political subdivision establishes, in accordance with the terms of the agreement, that, during the period in which the agreement was in effect, fees for entrance to, or use of, the covered units were collected by the Secretary.

    Inserted: (4) Voluntary reimbursement.--If the requirements for a refund under paragraph (3) are not met, the Secretary may, subject to the availability of appropriations, reimburse the State and political subdivision of the State for any amounts provided to the United States by the State or political subdivision under an agreement entered into under paragraph (1).

    Original wording

    At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3654. Mr. FLAKE submitted an amendment intended to be proposed by him to the bill S. 2569, to provide an incentive for businesses to bring jobs back to America; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. ____. PUBLIC ACCESS TO PUBLIC LAND GUARANTEE.

(a) Findings.--Congress finds that--

(1) public land in the United States is managed and administered for the use and enjoyment of present and future generations;

(2) the National Park System (including National Parks, National Monuments, and National Recreation Areas) is managed for the benefit and inspiration of all the people of the United States;

(3) the National Wildlife Refuge System is administered for the benefit of present and future generations of people in the United States, with priority consideration for compatible wildlife-dependent general public uses of the National Wildlife Refuge System;

(4) the National Forest System is dedicated to the long-term benefit of present and future generations; and

(5) the reopening and temporary operation and management of public land, the National Park System, the National Wildlife Refuge System, and the National Forest System using funds from States and political subdivisions of States during periods in which the Federal Government is unable to operate and manage the areas at normal levels due to a lapse in appropriations is consistent with the values and purposes for which those areas were established.

(b) Definitions.--In this section:

(1) Covered unit.--The term “covered unit” means--

(A) public land;

(B) units of the National Park System;

(C) units of the National Wildlife Refuge System; or

(D) units of the National Forest System.

(2) Public land.--The term “public land” has the meaning given the term “public lands” in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(3) Secretary.--The term “Secretary” means--

(A) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; or

(B) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture.

(c) Agreement to Keep Public Land Open During a Government Shutdown.--

(1) In general.--Subject to paragraph (2), if a State or political subdivision of the State offers, the Secretary shall enter into an agreement with the State or political subdivision of the State under which the United States may accept funds from the State or political subdivision of the State to reopen, in whole or in part, any covered unit within the State or political subdivision of the State during any period in which there is a lapse in appropriations for the covered unit.

(2) Applicability.--The authority under paragraph (1) shall only be in effect during any period in which the Secretary is unable to operate and manage covered units at normal levels, as determined in accordance with the terms of agreement entered into under paragraph (1).

(3) Refund.--The Secretary shall refund to the State or political subdivision of the State all amounts provided to the United States under an agreement entered into under paragraph (1)--

(A) on the date of enactment of an Act retroactively appropriating amounts sufficient to maintain normal operating levels at the covered unit reopened under an agreement entered into under paragraph (1); or

(B) on the date on which the State or political subdivision establishes, in accordance with the terms of the agreement, that, during the period in which the agreement was in effect, fees for entrance to, or use of, the covered units were collected by the Secretary.

(4) Voluntary reimbursement.--If the requirements for a refund under paragraph (3) are not met, the Secretary may, subject to the availability of appropriations, reimburse the State and political subdivision of the State for any amounts provided to the United States by the State or political subdivision under an agreement entered into under paragraph (1).

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Senate amendment submitted

July 24, 2014