Short title

This Act may be cited as the

Recreational Fishing and Hunting Heritage and Opportunities Act

Findings

Congress finds that— (1)recreational fishing and hunting are important and traditional activities in which millions of Americans participate; (2)recreational anglers and hunters have been and continue to be among the foremost supporters of sound fish and wildlife management and conservation in the United States; (3)recreational fishing and hunting are environmentally acceptable and beneficial activities that occur and can be provided on Federal public lands and waters without adverse effects on other uses; (4)recreational anglers, hunters, and sporting organizations provide direct assistance to fish and wildlife managers and enforcement officers of the Federal Government as well as State and local governments by investing volunteer time and effort to fish and wildlife conservation; (5)recreational anglers, hunters, and the associated industries have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management by providing revenues from purchases of fishing and hunting licenses, permits, stamps, and excise taxes on fishing, hunting, and shooting equipment have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management; (6)recreational shooting is also an important and traditional activity in which millions of Americans participate and safe recreational shooting is a valid use of Federal public lands and participation in recreational shooting helps recruit and retain hunters and contributes to wildlife conservation; (7)opportunities to recreationally fish, hunt, and shoot are declining, which depresses participation in these traditional activities, and depressed participation adversely impacts fish and wildlife conservation and funding for important conservation efforts; and (8)the public interest would be served, and our citizens’ fish and wildlife resources benefitted, as recognized by Executive Order 12962 as amended: Recreational Fisheries, and Executive Order 13443: Facilitation of Hunting Heritage and Wildlife Conservation, by action to ensure that opportunities are facilitated to engage in fishing and hunting on Federal public lands.

Definitions

In this Act: (1)

Agency head

The term agency head means the head of any Federal agency that has authority to manage Federal public land. (2)

Chief

The term Chief means the Chief of the Forest Service. (3)

Director

The term Director means the Director of the Bureau of Land Management. (4)

Federal public land

(A)

In general

The term Federal public land means any land or water that is— (i)owned by the United States; and (ii)managed by a Federal agency (including the Department of the Interior and the U.S. Forest Service) for purposes that include the conservation of natural resources. (B)

Exclusion

The term Federal public land does not include any land or water held in trust for the benefit of— (i)an Indian tribe; or (ii)a member of an Indian tribe. (5)

Hunting

(A)

In general

The term hunting means the lawful— (i)pursuit, shooting, capture, collection, trapping or killing of wildlife; or (ii)attempt to pursue, shoot, capture, collect, trap or kill wildlife. (B)

Exclusion

The term hunting does not include the use of skilled volunteers to cull excess animals (as defined by other Federal law (including laws applicable to the National Park System)). (6)

Recreational fishing

The term recreational fishing means the lawful— (A)pursuit, capture, collection, or killing of fish; or (B)attempt to capture, collect, or kill fish. (7)

Recreational shooting

The term recreational shooting means any form of shooting sport or pastime, formal or informal, including but not limited to target and practical rifle, pistol and shotgun shooting, archery, trap, skeet, and sporting clays.

Recreational fishing, hunting and shooting

(a)

In general

Subject to valid existing rights and subsection (f), Federal public land management officials shall exercise their authority under existing law, including provisions regarding land use planning, to provide use of and access to Federal public lands and waters for fishing, sport hunting, and recreational shooting except as limited by— (1)statutory authority which authorizes action or withholding action for reasons of national security, public safety or resource conservation; (2)any other Federal statute which specifically precludes recreational fishing, hunting or shooting on specific Federal public lands, waters or units thereof; and (3)discretionary limitations on recreational fishing, hunting, and shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process. (b)

Management

Consistent with subsection (a), each Federal public land management agency head shall exercise its land management discretion— (1)in a manner that supports, promotes, and enhances recreational fishing, hunting, and shooting opportunities; (2)to the extent authorized under applicable State law; and (3)in accordance with applicable Federal law. (c)

Bureau of land management and forest service lands

(1)

Lands open

Lands under the jurisdiction of the Bureau of Land Management and the U.S. Forest Service, excluding lands on the Outer Continental Shelf, shall be open to recreational fishing, hunting, and shooting unless the managing agency acts to close lands to such activity. Lands may be subject to closures or restrictions if determined to be necessary and reasonable and supported by facts and evidence, for purposes including resource conservation, public safety, protection of historic or cultural values, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interests, national security, or compliance with other law. Publication of public notice shall precede any such closures or restrictions unless the closure or restriction is mandated by other law. (2)

Shooting ranges

Each agency may lease lands for shooting ranges if the lessees offer suitable assurances to remediate leased lands at the termination of the lease. Each agency may also designate specific lands for recreational shooting activities and such action shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated lands. (d)

Planning

(1)

Effect of plans

Federal public land planning documents, including land resources management plans, resource management plans, travel management plans, general management plans, and comprehensive conservation plans, shall include sections that evaluate the effects of such plans on opportunities to engage in recreational fishing, hunting or shooting. (2)

Use of volunteers

If hunting is prohibited by law, all agency planning documents listed in subsection (c)(1) shall allow the participation of skilled volunteers in the culling and other management of wildlife populations on Federal public lands unless the agency head demonstrates, based on the best scientific data available or applicable Federal statutes, why skilled volunteers shall not be used to control overpopulations of wildlife on the land that is the subject of the planning documents. (e)

Annual report

(1)

In general

Not later than October 1 of each year, each agency head with authority to manage Federal public land on which fishing, hunting, or recreational shooting occurs shall publish in the Federal Register and 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 administered by the agency head that was closed to recreational fishing, sport hunting, or shooting at any time during the preceding year; and (B)the reason for the closure. (2)

Closures or significant restrictions of 640 or more acres

Other than closures under subsection (c), the withdrawal, change of classification, or change of management status that effectively closes or significantly restricts 640 or more acres of Federal public lands or waters to access or use for fishing or hunting shall take effect only if, before the date of withdrawal or change, the agency head that has jurisdiction over the Federal public land publishes notice of the closure, withdrawal, or significant restriction, and 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, change, or significant restriction. If the aggregate or cumulative effect of small closures or significant restrictions affects 640 or more acres, such small closures or significant restrictions shall be subject to these requirements. (f)

Areas not affected

Nothing in this Act requires the opening of national parks or national monuments under the jurisdiction of the National Park Service to hunting or recreational shooting. (g)

No priority

Nothing in this Act requires a Federal agency to give preference to recreational fishing, hunting, or shooting over other uses of Federal public land or over land or water management priorities established by Federal law. (h)

Establishment of Councils

(1)

Sport Fishing and Boating Partnership Council

There is hereby established the Sport Fishing and Boating Partnership Council, as described in Executive Order 12962, as amended. (2)

Sporting Conservation Council

There is hereby established the Sporting Conservation Council, as referenced in Executive Order 13443 and described in its January 15, 2009, as amended charter. (3)

Termination

Each Council shall terminate 10 years after the date of the enactment of this Act. (4)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to support and sustain each Council. Funds may be used for programs and efforts to recruit new anglers, hunters, and recreational shooters and retain existing anglers, hunters, and recreational shooters. (i)

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 an agency head to require a license or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the States.