[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6449 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6449

To provide opportunities for continued recreational shooting on certain 
                          Federal public land.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2008

  Mr. Flake introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide opportunities for continued recreational shooting on certain 
                          Federal public land.

    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 ``Recreational Shooting Protection 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Land Management.
            (2) Federal public land.--The term ``Federal public land'' 
        means any Federal land that is--
                    (A) publicly accessible;
                    (B) under the jurisdiction of and administered by 
                the Bureau of Land Management; and
                    (C) managed for purposes that include the 
                conservation of natural resources.
            (3) Range technical advisor.--The term ``Range Technical 
        Advisor'' means a person designated by the Director who has 
        experience as a technical advisor for shooting range 
        development, design, or operations.
            (4) Recreational shooting.--The term ``recreational 
        shooting'' means any form of shooting sport or pastime, formal 
        or informal, by whatever name known, including (but not limited 
        to) target and practical rifle, pistol and shotgun shooting, 
        archery, trap, skeet, and sporting clays.

SEC. 3. RECREATIONAL SHOOTING.

    (a) In General.--Subject to valid existing rights, Federal public 
land shall be open to access and use for recreational shooting except 
as limited by the Director for one or more of the following:
            (1) Reasons of national security.
            (2) Reasons of public safety, based on the written 
        recommendation of a Range Technical Advisor.
            (3) To comply with applicable Federal law.
            (4) To comply with a law (including regulations) of the 
        State in which the Federal public land is located that is 
        applicable to recreational shooting.
    (b) Management.--Consistent with subsection (a), the Director shall 
manage Federal public land--
            (1) in a manner that supports, promotes, and enhances 
        recreational shooting opportunities;
            (2) to the extent authorized under State law (including 
        regulations); and
            (3) in accordance with applicable Federal law (including 
        regulations).
    (c) No Net Loss.--
            (1) In general.--Federal public land management decisions 
        and actions shall, to the maximum extent practicable, result in 
        no net loss of land area available for recreational shooting on 
        Federal public land. If any Federal public land is permanently 
        closed to recreational shooting, new acres of Federal public 
        land of comparable size and a reasonable distance from the 
        closed location shall be designated for recreational shooting 
        and be opened for a number of user-days equal to those 
        available at the closed area.
            (2) Annual report.--Not later than October 1 of each year, 
        the Director shall submit to the Committee on Natural Resources 
        of the House of Representatives and the Committee on Energy and 
        Natural Resources of the Senate a report that describes--
                    (A) any Federal public land that was closed to 
                recreational shooting at any time during the preceding 
                year;
                    (B) the reason for the closure; and
                    (C) Federal public land that was opened to 
                recreational hunting to compensate for the closure of 
                the areas described in subparagraph (A).
            (3) Closures.--The withdrawal, change of classification, or 
        change of management status that effectively permanently closes 
        Federal public land to access or use for recreational shooting 
        shall take effect only if, before the date of withdrawal or 
        change, the Director submits to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate written notice of 
        the withdrawal or change, unless such closure is necessary 
        immediately for reasons of public safety, as certified by the 
        Range Technical Advisor, or national security.
    (d) No Priority.--Nothing in this Act requires the Director to give 
preference to recreational shooting over other uses of Federal public 
land or over land or water management priorities established by Federal 
law.
    (e) Authority of the States.--
            (1) Savings.--Nothing in this Act affects the authority, 
        jurisdiction, or responsibility of a State to manage, control, 
        or regulate fish and wildlife under State law (including 
        regulations) on land or water in the State, including Federal 
        public land.
            (2) Federal licenses.--Nothing in this Act authorizes the 
        Director to require a license for recreational shooting on land 
        or water in a State, including on Federal public land in the 
        State.
            (3) State right of action.--
                    (A) In general.--Any State aggrieved by the failure 
                of the Director to comply with this Act may bring a 
                civil action in the United States District Court for 
                the district in which the failure occurs for a 
                permanent injunction.
                    (B) Preliminary injunction.--If the district court 
                determines, based on the facts, that a preliminary 
                injunction is appropriate, the district court may grant 
                a preliminary injunction.
                    (C) Court costs.--If the district court issues an 
                injunction under this paragraph or otherwise finds in 
                favor of the State, the district court shall award to 
                the State any reasonable costs of bringing the civil 
                action (including an attorney's fee).
                                 <all>