[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1348 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1348
To recognize the heritage of hunting and provide opportunities for
continued hunting on Federal public land.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2009
Mr. Chambliss (for himself, Mr. Inhofe, Mr. Martinez, Mr. Isakson, Mr.
Cochran, Mr. Burr, Mr. Brownback, Mr. Vitter, Mr. Wicker, Mr. Baucus,
Mr. Tester, and Mr. Crapo) introduced the following bill; which was
read twice and referred to the Committee on Energy and Natural
Resources
_______________________________________________________________________
A BILL
To recognize the heritage of hunting and provide opportunities for
continued hunting on 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 ``Hunting Heritage Protection Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hunting is an important and traditional recreational
activity in which 13,000,000 people in the United States 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 relating to hunting
provide direct assistance to wildlife managers and enforcement
officers of the Federal Government and 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) hunting is an essential component of effective wildlife
management by--
(A) reducing conflicts between people and wildlife;
(B) balancing wildlife populations with the natural
carrying capacity of the land; and
(C) providing incentives for the conservation of--
(i) wildlife; and
(ii) habitats and ecosystems on which
wildlife depend;
(6) each State has established at least 1 agency staffed by
professionally trained wildlife management personnel that has
legal authority to manage the wildlife in the State; and
(7) hunting is an environmentally beneficial activity that
occurs, and can be provided for, on Federal public land without
adverse effects on other uses of the land.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency head.--The term ``agency head'' means the head
of any Federal agency that has authority to manage a natural
resource or Federal public land.
(2) Federal public land.--
(A) In general.--The term ``Federal public land''
means any land or water that is--
(i) publicly accessible;
(ii) owned by the United States; and
(iii) managed by an executive agency for
purposes that include the conservation of
natural resources.
(B) Exclusion.--The term ``Federal public land''
does not include any land held in trust for the benefit
of an Indian tribe or member of an Indian tribe.
(3) Hunting.--The term ``hunting'' means the lawful
pursuit, trapping, shooting, capture, collection, or killing of
wildlife.
SEC. 4. HUNTING.
(a) In General.--Subject to existing rights, Federal public land
shall be open to access and use for hunting except as limited by--
(1) the agency head with jurisdiction over the Federal
public land--
(A) for reasons of national security;
(B) for reasons of public safety; or
(C) for any other reasons for limiting access
authorized by applicable Federal law; and
(2) any law of the State in which the Federal public land
is located that is applicable to hunting.
(b) Management.--Consistent with subsection (a), to the extent
authorized under State law, and in accordance with applicable Federal
law, each agency head shall manage Federal public land under the
jurisdiction of the agency head in a manner that supports, promotes,
and enhances access for hunting.
(c) No Net Loss.--
(1) In general.--Each agency head shall, to the maximum
extent practicable, ensure that Federal public land management
decisions and actions result in no net loss of land area
accessible for hunting on Federal public land.
(2) Annual report.--Not later than October 1 of each year,
each agency head with authority to manage Federal public land
on which hunting occurs shall submit to the Committee on
Agriculture, Nutrition, and Forestry and the Committee on
Energy and Natural Resources of the Senate and the Committee on
Agriculture and the Committee on Natural Resources of the House
of Representatives a report that describes--
(A)(i) any Federal public land administered by the
agency head in which access for hunting was limited at
any time during the year as compared to access
available during the previous year; and
(ii) the reason for the limitation; and
(B) areas administered by the agency head that were
opened to hunting to compensate for the limitations of
the areas described in subparagraph (A)(i).
(3) Closures of 5,000 or more acres.--The withdrawal,
change of classification, or change of management status that
effectively closes or limits access to 5,000 or more acres of
Federal public land for hunting shall take effect only if,
before the date of withdrawal or change, the agency head that
has jurisdiction over the Federal public land submits to the
Committee on Agriculture, Nutrition, and Forestry and the
Committee on Energy and Natural Resources of the Senate and the
Committee on Agriculture and the Committee on Natural Resources
of the House of Representatives written notice of the
withdrawal or change.
(d) Areas Not Affected.--Nothing in this Act compels the opening to
hunting of national parks or national monuments under the jurisdiction
of the Secretary of the Interior.
(e) No Priority.--Nothing in this Act requires a Federal agency to
give preference to hunting over other uses of Federal public land or
over land or water management priorities established by Federal law.
(f) 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 on land or water
in the State, including Federal public land.
(2) Federal licenses.--Nothing in this Act authorizes an
agency head to require a license or permit to hunt, fish, or
trap 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 an agency head or employee 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).
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