110 HR 6767 IH: To facilitate the establishment of additional or expanded U.S. House of Representatives 2008-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6767 IN THE HOUSE OF REPRESENTATIVES July 31, 2008 Mr. Udall of Colorado introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To facilitate the establishment of additional or expanded public target ranges in certain States.

1.

Short title, findings, and purpose

(a)

Short title

This Act may be cited as the Target Practice and Marksmanship Training Support Act. (b)

Findings

The Congress finds the following: (1)Use of firearms for target practice and marksmanship training on Federal lands is allowed except to the extent specific portions of such lands have been closed to such activities. (2)In recent years, considerations of public safety have made it necessary to close additional portions of Federal lands to target practice and marksmanship training, especially in States that have experienced significant population growth. (3)Use of public target ranges on Federal lands is often more consistent with public safety and convenience than use of undeveloped Federal lands for target practice and marksmanship training. (4)It is in the public interest for the Federal Government to provide support for construction or expansion of public target ranges, especially in States where population growth and patterns of settlement in recent years have made it necessary to prohibit such activities on Federal lands where target practice and marksmanship training were formerly allowed. (5)Current law, including the Pittman-Robertson Wildlife Restoration Act, provides Federal support for construction or expansion of public target ranges by making available to States funds that can be used for construction, operation, and maintenance of public target ranges. (6)It is in the public interest to provide greater Federal support to facilitate construction or expansion of public target ranges in States that have experienced population growth and a reduction in the number of such target ranges on Federal lands. (c)

Purpose

The purpose of this Act is to facilitate the construction and expansion of public target ranges, including ranges on Federal lands managed by the Forest Service and Bureau of Land Management, in States that have experienced population growth and a reduction in the extent to which target practice and marksmanship training are permitted on Federal lands in such States.

2.

Funding

(a)

Cost sharing and availability of funds

Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is amended as follows: (1)By amending subsection (b) to read as follows: (b)

Cost Sharing

(1)

In general

Except as provided by paragraph (2), the Federal share of the cost of any activity carried out with a grant under this section shall not exceed 75 percent of the total cost of the activity. (2)

Public Target Range construction or expansion

(A)The Federal share of the cost of acquiring land for, or construction or expansion of, a public target range in an eligible State shall not exceed 90 percent of such cost. (B)For purposes of this paragraph, the term eligible State means a State that, since the most recent decennial census, has experienced— (i)at least a 2 percent growth in population, as demonstrated by the State to the satisfaction of the Secretary; and (ii)a reduction in the acreage of Federal lands in such State where target practice and marksmanship training are permitted, as determined by the Secretary. . (2)In subsection (c)(1), by striking the final period and inserting the following: except that amounts provided for acquiring land for, or construction or expansion of, public target ranges shall remain available until expended in the case of a State that, since the most recent decennial census, has experienced—(A)at least a 2 percent growth in population, as demonstrated by the State to the satisfaction of the Secretary; and (B)a reduction in the acreage of Federal lands in such State where target practice and marksmanship training are permitted, as determined by the Secretary. . (b)

Use of wildlife conservation funds

Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended— (1)by redesignating subsection (c) (relating to apportionment of Wildlife Conservation and Restoration Account) as subsection (d) and subsection (d) (relating to Wildlife Conservation and Restoration Programs) as subsection (e); (2)in subsection (e)(3), as redesignated by paragraph (1), by striking subsection (c) and inserting subsection (d); and (3)in subsection (e)(4)(B), as redesignated by paragraph (1), by— (A)inserting (i) after (B); and (B)adding at the end the following new clauses: (ii)During the first fiscal year beginning after the date of enactment of the Target Practice and Marksmanship Training Support Act and each of the 9 subsequent fiscal years, not more than 10 percent of the amounts apportioned to an eligible State under this section for such State’s wildlife conservation and restoration program may be used for acquiring land for, or construction or expansion of, public target ranges or for assisting a Federal land-management agency with environmental remediation or other steps needed to allow for public target ranges on Federal lands. (iii)As used in clause (ii), the term eligible State means a State that, since the most recent decennial census, has experienced— (I)at least a 2 percent growth in population, as demonstrated by the State to the satisfaction of the Secretary; and (II)a reduction in the acreage of Federal lands in such State where target practice and marksmanship training are permitted, as determined by the Secretary. .

3.

Limits on liability

(a)

Discretionary Function

For purposes of the Federal Tort Claims Act (28 U.S.C. 1346(b), 2671–2680), any action by an agent or employee of the United States to authorize use of Federal land for purposes of target practice or marksmanship training by members of the public shall be considered to constitute the exercise or performance of a discretionary function. (b)

Civil Action or Claims

Except to the extent provided in the Federal Tort Claims Act (28 U.S.C. 1346(b), 2671–2680), the United States shall not be subject to any civil action or claim for money damages for injury or loss of property, or personal injury or death caused by any activity occurring at a public target range that is wholly or partially funded by the United States pursuant to this Act or located on Federal land.

4.

Cooperation

It is the sense of Congress that, consistent with applicable laws and regulations, the Forest Service and the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out environmental remediation or other activities on Federal lands used as public target ranges in order to avoid closing such lands to use for target practice or marksmanship training.