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108th CONGRESS
1st Session
H. R. 3482
To amend the Food Security Act of 1985 to encourage owners and
operators of privately-held farm and ranch land to voluntarily make
their land available for access by the public under programs
administered by States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2003
Mr. Pomeroy (for himself and Mr. Osborne) introduced the following
bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food Security Act of 1985 to encourage owners and
operators of privately-held farm and ranch land to voluntarily make
their land available for access by the public under programs
administered by States.
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 ``Voluntary Public Access and Wildlife
Habitat Incentive Program Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) according to the United States Fish and Wildlife
Service, in 2001, 82,000,000 individuals in the United States
aged 16 years and older participated in wildlife-related
recreation, including 34,000,000 individuals who hunted, and
more than 66,000,000 who engaged in wildlife-related recreation
such as observing, feeding, or photographing wildlife, in the
United States;
(2) individuals who participated in wildlife-related
activities in 2001 spent an estimated $108,000,000,000,
including--
(A) more than $35,000,000,000 on fishing;
(B) nearly $21,000,000,000 on hunting; and
(C) more than $28,000,000,000 on food, lodging, and
transportation;
(3) the growing public demand for outdoor recreational
opportunities is increasingly constrained by the limits on both
public and private land resources;
(4) limited public access on private land has often
frustrated and disappointed hunters and other naturalists, and
undermined the relationship between land owners and the general
public;
(5) several States have established successful but modest
walk-in programs to encourage public access on private farm and
ranch land, yet the demand for such voluntary access programs
remains largely unfulfilled;
(6) traditional agricultural markets have in recent years
offered limited income opportunities for farm and ranch land
owners and operators; and
(7) current proposals to reform world agricultural trade
favor the development of new methods to support the income of
agricultural producers that have minimal impact on agricultural
production and prices.
SEC. 3. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
(a) In General.--Chapter 5 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839bb et seq.) is amended by adding at
the end the following:
``SEC. 1240Q. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
``(a) In General.--The Secretary shall establish a voluntary public
access program under which States may apply for grants to encourage
owners and operators of privately-held farm and ranch land to
voluntarily make that land available for access by the public under
programs administered by the States.
``(b) Applications.--In submitting applications for a grant under
the program, a State shall describe--
``(1) the benefits that the State intends to achieve by
encouraging public access on private farm and ranch land,
through such activities as hunting, fishing, bird watching, and
related outdoor activities; and
``(2) the methods that will be used to achieve those
benefits.
``(c) Priority.--In approving applications and awarding grants
under the program, the Secretary shall give priority to States that
propose--
``(1) to maximize participation by offering a program the
terms of which are likely to meet with widespread acceptance
among landowners;
``(2) to ensure that land enrolled under the State program
has appropriate wildlife habitat;
``(3) to strengthen wildlife habitat improvement efforts on
land enrolled in a special conservation reserve enhancement
program described in 1234(f)(4) by providing incentives to
increase public access on that land; and
``(4) to use additional Federal, State, or private
resources in carrying out the program.
``(d) Relationship to Other Laws.--Nothing in this section preempts
a State law (including any State liability law).
``(e) Regulations.--The Secretary shall promulgate such regulations
as are necessary to carry out this section.''.
(b) Funding.--Section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)) is amended by adding at the end the following:
``(8) The voluntary public access program under section
1240Q, using, to the maximum extent practicable, $50,000,000 in
each of fiscal years 2003 through 2007.''.
SEC. 4. PREVENTION OF EXCESS BASE ACRES.
Section 1101(g)(2) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 7911(g)(2)) is amended by striking subparagraph (C).
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