[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4790 Reported in House (RH)]






                                                 Union Calendar No. 496
106th CONGRESS
  2d Session
                                H. R. 4790

                          [Report No. 106-838]

 To recognize hunting heritage and provide opportunities for continued 
                        hunting on public lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2000

   Mr. Chambliss (for himself, Mr. Young of Alaska, Mr. Peterson of 
 Minnesota, Mr. Cunningham, Mr. Pickering, Mr. Green of Wisconsin, Mr. 
    Thune, and Mr. Hansen) introduced the following bill; which was 
                 referred to the Committee on Resources

                           September 12, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               29, 2000]

_______________________________________________________________________

                                 A BILL


 
 To recognize hunting heritage and provide opportunities for continued 
                        hunting on public lands.

    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 ``Hunting Heritage Protection Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Recreational hunting is an important and traditional 
        recreational activity in which 14,000,000 Americans 16 years of 
        age and older participate.
            (2) Hunters have been and continue to be among the foremost 
        supporters of sound wildlife management and conservation 
        practices in the United States.
            (3) Persons who hunt and organizations related to hunting 
        provide direct assistance to wildlife managers and enforcement 
        officers of Federal, State, and local governments.
            (4) Purchases of hunting licenses, permits, and stamps and 
        excise taxes on goods used by hunters have generated billions 
        of dollars for wildlife conservation, research, and management.
            (5) Recreational hunting is an essential component of 
        effective wildlife management, in that it is an important tool 
        for reducing conflicts between people and wildlife and provides 
        incentives for the conservation of wildlife and habitats and 
        ecosystems on which wildlife depends.
            (6) Each State has established at least one agency staffed 
        by professionally trained wildlife management personnel, that 
        has legal authority to manage the wildlife in the State.
            (7) Recreational hunting is an environmentally acceptable 
        activity that occurs and can be provided for on Federal public 
        lands without adverse effects on other uses of that land and 
        water.

SEC. 3. RECREATIONAL HUNTING.

    (a) In General.--Subject to valid existing rights, Federal public 
lands shall be open to access and use for recreational hunting except--
            (1) as limited by the Federal agency with responsibility 
        for Federal public lands--
                    (A) for reasons of national security;
                    (B) for reasons of public safety; or
                    (C) for reasons authorized in applicable Federal 
                statutes as reasons for closure; and
            (2) as recreational hunting is limited by the State in 
        which the Federal public lands are located.
    (b) Management.--The head of each Federal agency with authority to 
manage a natural resource or Federal public lands on which a natural 
resource depends shall exercise that authority, consistent with 
subsection (a), in a manner so as to support, promote, and enhance 
recreational hunting opportunities, to the extent authorized under 
State law and regulation and in accordance with applicable Federal law.
    (c) No Net Loss.--
            (1) In general.--Federal land management decisions and 
        actions should, to the greatest extent practicable, result in 
        no net loss of land area available for hunting opportunities on 
        Federal public lands.
            (2) Annual report.--Not later than October 1 of each year, 
        the head of each Federal agency with authority to manage 
        Federal public lands on which recreational hunting occurs shall 
        submit to the Committee on Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate a report describing--
                    (A) areas administered by the agency that have been 
                closed during the previous year to recreational hunting 
                and the reasons for such closure; and
                    (B) areas administered by the agency that were open 
                to recreational hunting to compensate for those areas 
                described under subparagraph (A).
    (d) Areas Not Affected.--Nothing in this Act shall be construed to 
compel the opening to recreational hunting of national parks or 
national monuments administered by the National Park Service.
    (e) No Priority.--This section does not require a Federal agency to 
give preference to hunting over other uses of Federal public lands, or 
over land or water management priorities established in Federal law.
    (f) Authority of the States.--
            (1) Savings.--Nothing in this Act shall be construed as 
        affecting the authority, jurisdiction, or responsibility of the 
        several States to manage, control, or regulate fish and 
        resident wildlife under State law or regulations on land or 
        water within a State, including Federal public lands, nor as 
        impliedly preempting such State authority.
            (2) Federal licenses.--Nothing in this Act shall be 
        construed as authorizing the head of any Federal agency, or any 
        official of such an agency, to require licenses or permits to 
        hunt, fish or trap on lands or waters within a State, including 
        on Federal public lands.
            (3) State right of action.--Any State aggrieved by the 
        failure of the head of a Federal agency or an official thereof 
        to comply with this subsection may file a civil action in the 
        United States District Court for the district in which the 
        alleged act in violation of this subsection occurred or is 
        occurring to enjoin permanently such act. The court may grant 
        preliminary injunctive relief in any such action if the 
        granting of such relief is appropriate under the facts on which 
        such action is based. A State which is a prevailing party in an 
        action pursuant to this paragraph shall be awarded its costs 
        and attorneys' fees.

SEC. 4. NATIONAL RECREATIONAL HUNTING COORDINATION COUNCIL.

    (a) Establishment.--There is hereby established a National 
Recreational Hunting Coordination Council (in this Act referred to as 
the ``Council'').
    (b) Recreational Hunting Resources Conservation Plan.--
            (1) In general.--The Council, in cooperation with Federal 
        agencies, States, and tribes, and the hunting community, shall 
        develop a comprehensive recreational hunting and wildlife 
        resource conservation plan.
            (2) Contents.--The plan shall--
                    (A) recommend short- and long-term actions to be 
                carried out by the Federal agencies identified in the 
                plan to conserve and restore wildlife habitat in a 
                manner so as to support, promote, facilitate, and 
                enhance recreational hunting opportunities on Federal 
                public lands; and
                    (B) include--
                            (i) a review and evaluation of Federal 
                        policies that affect recreational hunting 
                        opportunities on Federal public lands;
                            (ii) recommendations to ensure that Federal 
                        agencies consider the social and economic 
                        values of healthy wildlife habitat and 
                        recreational hunting in land management 
                        decisions;
                            (iii) recommended actions to be taken by 
                        Federal agencies to facilitate and promote 
                        hunting access to appropriate Federal public 
                        lands;
                            (iv) recommended actions to facilitate the 
                        transfer of the latest resource information and 
                        management technologies to wildlife managers 
                        and the public to assist in the conservation 
                        and management of wildlife and the promotion of 
                        hunting opportunities on Federal public lands;
                            (v) recommendations for improving Federal 
                        agency cooperation with States, tribes, 
                        wildlife conservation groups, and the hunting 
                        community;
                            (vi) measurable objectives of efforts to 
                        conserve and restore wildlife habitats that 
                        support viable and healthy wildlife resources 
                        that may be hunted;
                            (vii) a comprehensive mechanism to evaluate 
                        the attainment of the objectives described in 
                        clause (vi); and
                            (viii) an evaluation of the need for a 
                        permanent National Recreational Hunting 
                        Coordination Council.
            (3) Integration.--To the extent practicable, the Council in 
        developing such plan shall integrate it with existing plans and 
        programs to reduce duplication of efforts.
            (4) Submission of plan.--Not later than 18 months after the 
        date of enactment of this Act, the Council shall publish a 
        draft plan in the Federal Register and provide opportunity for 
        public review and comment. Not later than 3 years after the 
        date of enactment, the Council shall revise and update as 
        necessary the draft plan and submit a final plan to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate, and 
        the President.
    (c) Membership.--
            (1) Number and appointment.--The Council shall consist of 
        11 members appointed as follows:
                    (A) 1 member appointed by the Secretary of the 
                Interior.
                    (B) 1 member appointed by the Secretary of 
                Agriculture.
                    (C) 1 member appointed by the Secretary of Defense.
                    (D) 1 member appointed by the Speaker of the House 
                of Representatives.
                    (E) 1 member appointed by the minority leader of 
                the House of Representatives.
                    (F) 1 member appointed by the majority leader of 
                the Senate.
                    (G) 1 member appointed by the minority leader of 
                the Senate.
                    (H) 2 members appointed by the President from among 
                the directors of State fish and wildlife agencies.
                    (I) 2 members appointed by the President to 
                represent recreational hunters.
            (2) Vacancies.--A vacancy in the Council shall be filled in 
        the manner in which the original appointment was made.
            (3) Pay.--Each member shall serve without pay.
            (4) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
            (5) Chairperson.--The members of the Council shall elect a 
        Chairperson of the Council from among its members.
    (d) Powers of Council.--
            (1) Hearings and sessions.--The Council may, for the 
        purpose of carrying out this Act, hold hearings, sit and act at 
        times and places, take testimony, and receive evidence as the 
        Council considers appropriate.
            (2) Powers of members and agents.--Any member or agency of 
        the Council may, if authorized by the Council, take any action 
        which the Council is authorized to take by this subsection.
    (e) Termination.--The Council shall terminate upon the earlier of 
the date of submission of the final plan under subsection (b) or 3 
years after the date of the enactment of this Act.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Interior $250,000 for each of 
fiscal years 2001 through 2003 to support the Council established under 
this section.
    (g) Effective Date.--This section shall become effective January 
20, 2001.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Hunting.--The term ``hunting'' means the lawful 
        pursuit, hunting, trapping, shooting, capture, collection, or 
        killing of wildlife or the attempt to pursue, hunt, trap, 
        shoot, capture, collect, or kill wildlife.
            (2) Federal public lands.--The term ``Federal public 
        lands'' means any land or water the title to which is in the 
        United States after the date of enactment of this Act.




                                                 Union Calendar No. 496

106th CONGRESS

  2d Session

                               H. R. 4790

                          [Report No. 106-838]

_______________________________________________________________________

                                 A BILL

 To recognize hunting heritage and provide opportunities for continued 
                        hunting on public lands.

_______________________________________________________________________

                           September 12, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed