[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5646 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5646

To protect the second amendment rights of individuals to carry firearms 
 and ammunition in units of the National Park System and the National 
Wildlife Refuge System and to require that hunting activities be a land 
 use in all management plans for Federal land to the extent that such 
use is not clearly incompatible with the purposes for which the Federal 
                            land is managed.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2008

  Mr. Broun of Georgia (for himself, Mr. English of Pennsylvania, Mr. 
 Hensarling, Mr. Bilbray, Mr. Burton of Indiana, Mr. King of Iowa, Ms. 
   Fallin, Mr. Miller of Florida, Mr. David Davis of Tennessee, Mrs. 
   Musgrave, Mr. Gingrey, Mr. Goode, and Mr. Garrett of New Jersey) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To protect the second amendment rights of individuals to carry firearms 
 and ammunition in units of the National Park System and the National 
Wildlife Refuge System and to require that hunting activities be a land 
 use in all management plans for Federal land to the extent that such 
use is not clearly incompatible with the purposes for which the Federal 
                            land is managed.

    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 ``Protecting the Second Amendment and 
Hunting Rights on Federal Lands Act of 2008''.

SEC. 2. POSSESSING OR CARRYING FIREARMS AND AMMUNITION IN UNITS OF THE 
              NATIONAL PARK SYSTEM AND THE NATIONAL WILDLIFE REFUGE 
              SYSTEM.

    (a) Findings.--Congress finds the following:
            (1) The second amendment to the Constitution of the United 
        States provides that ``the right of the people to keep and bear 
        Arms, shall not be infringed''.
            (2) People in the United States use firearms over 2,000,000 
        times a year for self-defense.
            (3) States that have enacted legislation expanding the 
        rights of residents to use firearms for self-defense have 
        witnessed a decrease in firearm-related crime.
            (4) As of the date of enactment of this Act, Federal 
        regulations generally prohibit persons from possessing firearms 
        in units of the National Park System and the National Wildlife 
        Refuge System.
            (5) The regulations described in paragraph (4) often 
        prevent an individual complying with Federal and State laws 
        from exercising such individual's second amendment rights while 
        in units of the National Park System or the National Wildlife 
        Refuge System.
            (6) Laws relating to the transportation and possession of 
        firearms in units of the National Park System and the National 
        Wildlife Refuge System are often different than the laws of the 
        State such units of the National Park System or the National 
        Wildlife Refuge System are located in, entrapping otherwise 
        law-abiding gun owners while in units of the National Park 
        System and the National Wildlife Refuge System.
            (7) Federal law should clarify that the second amendment 
        rights of an individual in a unit of the National Park System 
        or the National Wildlife Refuge System will not be infringed.
    (b) Protecting the Right of an Individual To Keep and Bear Firearms 
and Ammunition in Units of the National Park System and the National 
Wildlife Refuge System.--No Federal regulation shall restrict any 
individual from possessing or carrying a firearm or ammunition if that 
restriction is based in whole or in part upon the fact that the 
individual is in a unit of the National Park System or the National 
Wildlife Refuge System.

SEC. 3. HUNTING ON FEDERAL LAND.

    (a) Purpose.--The purpose of this section is to require that 
hunting activities be a land use in all management plans for Federal 
land to the extent that such use is not clearly incompatible with the 
purposes for which the Federal land is managed.
    (b) Hunting Allowed Unless Incompatible.--When developing or 
considering approval of a management plan (or any amendment to such a 
management plan) for any Federal land, the head of the agency with 
jurisdiction over such Federal land shall ensure that hunting 
activities are allowed as a use of such land to the extent that such 
use is not clearly incompatible with the purposes for which the Federal 
land is managed.
    (c) Publication of Reasons for Not Allowing Hunting.--If hunting 
activities are not allowed or are restricted on Federal land, the head 
of the agency with jurisdiction over such Federal land shall include in 
the management plan for that Federal land the specific reason that 
hunting activities are not allowed or are restricted. Allowing contract 
or quota thinning of wildlife shall not constitute allowing 
unrestricted hunting. For the purposes of this subsection, a fee 
charged by any entity related to hunting activities on Federal land 
under the jurisdiction of the Secretary that is in excess of that 
needed to recoup costs of management of the Federal land shall be 
deemed to be a restriction on hunting.
    (d) Fees.--Fees charged related to hunting activities on Federal 
land shall be--
            (1) retained by the head of the agency with jurisdiction 
        over such Federal land to offset costs directly related to 
        management of hunting on the Federal land upon which hunting 
        activities related to the fee are conducted; and
            (2) limited to what the Secretary reasonably estimates to 
        be necessary to offset costs directly related to management of 
        hunting on the Federal land upon which hunting activities 
        related to the fee are conducted.
    (e) Definitions.--In this Act:
            (1) Hunting.--The term ``hunting'' includes hunting, 
        trapping, netting, and fishing.
            (2) Management plan.--The term ``management plan'' shall 
        include a management plan, management contract, or other 
        comprehensive plan for the management or use of Federal land.
    (f) Applicability.--This section shall apply to all management 
plans developed, approved, or amended after the date of the enactment 
of this section.
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