16 U.S. Code § 3839bb–5 - Voluntary public access and habitat incentive program
The Secretary shall establish a voluntary public access program under which States and tribal governments may apply for grants to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make that land available for access by the public for wildlife-dependent recreation, including hunting or fishing under programs administered by the States and tribal governments.
In submitting applications for a grant under the program, a State or tribal government shall describe—
(1) the benefits that the State or tribal government intends to achieve by encouraging public access to private farm and ranch land for—
In approving applications and awarding grants under the program, the Secretary shall give priority to States and tribal governments 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 or tribal government program has appropriate wildlife habitat;
(3) to strengthen wildlife habitat improvement efforts on land enrolled in a special conservation reserve enhancement program described in section 3834 (f)(4)  of this title by providing incentives to increase public hunting and other recreational access on that land;
(4) to use additional Federal, State, tribal government, or private resources in carrying out the program; and
(d) Relationship to other laws
(1) No preemption
Nothing in this section preempts a State or tribal government law, including any State or tribal government liability law.
The Secretary shall promulgate such regulations as are necessary to carry out this section.
(1) Mandatory funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012 and $40,000,000 for the period of fiscal years 2014 through 2018.
 See References in Text note below.
Source(Pub. L. 99–198, title XII, § 1240R, as added Pub. L. 110–234, title II, § 2606,May 22, 2008, 122 Stat. 1070, and Pub. L. 110–246, § 4(a), title II, § 2606,June 18, 2008, 122 Stat. 1664, 1798; amended Pub. L. 112–240, title VII, § 701(c)(2),Jan. 2, 2013, 126 Stat. 2363; Pub. L. 113–79, title II, § 2503(a),Feb. 7, 2014, 128 Stat. 751.)
References in Text
Section 3834 (f)(4) of this title, referred to in subsec. (c)(3), was redesignated as section 3834 (g)(2) of this title by Pub. L. 113–79, title II, §§ 2005(b)(2), (e)(3),Feb. 7, 2014, 128 Stat. 718, 719.
Pub. L. 110–234and Pub. L. 110–246enacted identical sections. Pub. L. 110–234was repealed by section 4(a) ofPub. L. 110–246.
2014—Subsec. (f)(1). Pub. L. 113–79, in heading, substituted “Mandatory funding” for “Fiscal years 2009 through 2012” and in text, inserted “and $40,000,000 for the period of fiscal years 2014 through 2018” before period at end.
2013—Subsec. (f). Pub. L. 112–240added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “Of the funds of the Commodity Credit Corporation, the Secretary shall use, to the maximum extent practicable, $50,000,000 for the period of fiscal years 2009 through 2012.”
Effective Date of 2013 Amendment
Amendment by Pub. L. 112–240effective Sept. 30, 2012, see section 701(j) ofPub. L. 112–240, set out in a 1-Year Extension of Agricultural Programs note under section 8701 of Title 7, Agriculture.
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