[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2834 Reported in House (RH)]

                                                 Union Calendar No. 442
112th CONGRESS
  2d Session
                                H. R. 2834

                      [Report No. 112-609, Part I]

    To recognize the heritage of recreational fishing, hunting, and 
shooting on Federal public lands and ensure continued opportunities for 
                           these activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 2, 2011

  Mr. Benishek (for himself, Mr. Boren, Mr. Young of Alaska, and Mr. 
                  Kelly) introduced the following bill

                           September 6, 2011

Referred to the Committee on Natural Resources, and in addition to the 
Committee on Agriculture, 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

                             July 19, 2012

Additional sponsors: Mr. Coffman of Colorado, Mr. Cole, Mr. Huizenga of 
    Michigan, Mr. Barletta, Mr. Posey, Mr. Simpson, Mr. Gibbs, Mr. 
    Hultgren, Ms. Jenkins, Mr. Pompeo, Mr. Latta, Mr. McCotter, Mr. 
  Wittman, Mr. Shuster, Mr. Thornberry, Mr. Sensenbrenner, Mr. Austin 
 Scott of Georgia, Mr. Huelskamp, Mr. Roe of Tennessee, Mr. Kline, Mr. 
Walberg, Mr. Kingston, Mr. Schilling, Mr. Heck, Mr. Amodei, Mrs. Miller 
    of Michigan, Mr. Harris, Mr. Austria, Mrs. Ellmers, Mr. Ross of 
   Arkansas, Mr. McClintock, Mr. Latham, Ms. Buerkle, Mr. Flake, Mr. 
   Rokita, Mr. Marchant, Mr. Nugent, Mr. Buchanan, Mr. Rehberg, Mrs. 
Adams, Mr. Hanna, Mr. Broun of Georgia, Mr. Cravaack, Mr. Palazzo, Mr. 
  Duncan of South Carolina, Mr. Stivers, Mr. Calvert, Mr. Gosar, Mr. 
Miller of Florida, Mr. McIntyre, Mr. Schweikert, Mr. Westmoreland, Mr. 
                 Manzullo, Mr. Hunter, and Mr. Canseco

                             July 19, 2012

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             July 19, 2012

The Committee on Agriculture discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           September 2, 2011]

_______________________________________________________________________

                                 A BILL


 
    To recognize the heritage of recreational fishing, hunting, and 
shooting on Federal public lands and ensure continued opportunities for 
                           these activities.


 


    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 Fishing and Hunting 
Heritage and Opportunities Act''.

SEC. 2. 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 or users;
            (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, and stamps, as well as excise taxes 
        on fishing, hunting, and shooting equipment that 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, safe recreational shooting is a valid use of 
        Federal public lands, including the establishment of safe and 
        convenient shooting ranges on such 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, by action to ensure 
        that opportunities are facilitated to engage in fishing and 
        hunting on Federal public land as recognized by Executive Order 
        12962, relating to recreational fisheries, and Executive Order 
        13443, relating to facilitation of hunting heritage and 
        wildlife conservation.

SEC. 3. DEFINITION.

    In this Act:
            (1) Federal public land.--
                    (A) In general.--Except as provided in subparagraph 
                (B), 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 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 Indians or other Native Americans.
            (2) Hunting.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``hunting'' means use of a firearm, bow, 
                or other authorized means in the lawful--
                            (i) pursuit, shooting, capture, collection, 
                        trapping, or killing of wildlife;
                            (ii) attempt to pursue, shoot, capture, 
                        collect, trap, or kill wildlife; or
                            (iii) the training of hunting dogs 
                        including field trials.
                    (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).
            (3) 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.
            (4) Recreational shooting.--The term ``recreational 
        shooting'' means any form of sport, training, competition, or 
        pastime, whether formal or informal, that involves the 
        discharge of a rifle, handgun, or shotgun, or the use of a bow 
        and arrow.

SEC. 4. RECREATIONAL FISHING, HUNTING, AND SHOOTING.

    (a) In General.--Subject to valid existing rights and subsection 
(g), and cooperation with the respective State and fish and wildlife 
agency, Federal public land management officials shall exercise their 
authority under existing law, including provisions regarding land use 
planning, to facilitate use of and access to Federal public lands and 
waters for fishing, sport hunting, and recreational shooting except as 
limited by--
            (1) statutory authority that authorizes action or 
        withholding action for reasons of national security, public 
        safety, or resource conservation;
            (2) any other Federal statute that 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), the head of each 
Federal public land management agency shall exercise its land 
management discretion--
            (1) in a manner that supports and facilitates recreational 
        fishing, hunting, and shooting opportunities;
            (2) to the extent authorized under applicable State law; 
        and
            (3) in accordance with applicable Federal law.
    (c) Planning.--
            (1) Effects of plans and activities.--
                    (A) Evaluation of effects on opportunities to 
                engage in recreational fishing, hunting, or shooting.--
                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 a 
                specific evaluation of the effects of such plans on 
                opportunities to engage in recreational fishing, 
                hunting, or shooting.
                    (B) Not major federal action.--No action taken 
                under this section, other than an action under 
                subsection (d)(2) or (g), or under section 4 of the 
                National Wildlife Refuge System Administration Act of 
                1966 (16 U.S.C. 668dd), either individually or 
                cumulatively with other actions involving Federal 
                public lands, shall be considered to be a major Federal 
                action significantly affecting the quality of the human 
                environment, and no additional identification, 
                analysis, or consideration of environmental effects, 
                including cumulative effects, is necessary or required.
                    (C) Other activity not considered.--Federal public 
                land management officials are not required to consider 
                the existence or availability of recreational fishing, 
                hunting, or shooting opportunities on adjacent or 
                nearby public or private lands in the planning for or 
                determination of which Federal public lands are open 
                for these activities or in the setting of levels of use 
                for these activities on Federal public lands, unless 
                the combination or coordination of such opportunities 
                would enhance the recreational fishing, hunting, or 
                shooting opportunities available to the public.
            (2) Use of volunteers.--If hunting is prohibited by law, 
        all Federal public land planning documents listed in paragraph 
        (1)(A) of an agency shall, after appropriate coordination with 
        State fish and wildlife agency, allow the participation of 
        skilled volunteers in the culling and other management of 
        wildlife populations on Federal public lands unless the head of 
        the agency 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.
    (d) Bureau of Land Management and Forest Service Lands.--
            (1) Lands open.--Lands under the jurisdiction of the Bureau 
        of Land Management and the Forest Service, including lands 
        designated as wilderness or administratively classified as 
        wilderness eligible or suitable and primitive or semi-primitive 
        areas but excluding lands on the Outer Continental Shelf, shall 
        be open to recreational fishing, hunting, and shooting unless 
        the managing Federal agency acts to close lands to such 
        activity. Lands may be subject to closures or restrictions if 
        determined by the head of the agency to be necessary and 
        reasonable and supported by facts and evidence, for purposes 
        including resource conservation, public safety, 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.
            (2) Shooting ranges.--
                    (A) In general.--The head of each Federal agency 
                shall use his or her authorities in a manner consistent 
                with this Act, and other applicable law, to--
                            (i) lease or permit use of lands of the 
                        agency for shooting ranges; and
                            (ii) designate specific lands of the agency 
                        for recreational shooting activities.
                    (B) Limitation on liability.--Any designation under 
                subparagraph (A)(ii) 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.
    (e) Necessity in Wilderness Areas.--
            (1) The provision of opportunities for hunting, fishing and 
        recreational shooting, and the conservation of fish and 
        wildlife to provide sustainable use recreational opportunities 
        on designated wilderness areas on Federal public lands shall 
        constitute measures necessary to meet the minimum requirements 
        for the administration of the wilderness area.
            (2) The phrase ``within and supplemental to'' Wilderness 
        purposes, as originally enacted in section 4(c) of Public Law 
        88-577, means that any requirements imposed by that Act shall 
        be implemented only insofar as they do not prevent Federal 
        public land management officials and State fish and wildlife 
        officials from carrying out and facilitating the original or 
        primary purposes for which the Federal public lands or Federal 
        public land unit was established. Such phrase is not intended 
        to authorize or facilitate commodity development, use, or 
        extraction, motorized recreation access, or comparable non-
        hunting, fishing and trapping activities.
    (f) Report.--Not later than October 1 of every other year, 
beginning with the second October 1 after the date of enactment of this 
Act, the head of each Federal agency who has authority to manage 
Federal public land on which fishing, hunting, or recreational shooting 
occurs 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--
            (1) 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
            (2) the reason for the closure.
    (g) Closures or Significant Restrictions of 640 or More Acres.--
            (1) In general.--Other than closures established or 
        prescribed by land planning actions referred to in subsection 
        (d) or emergency closures described in paragraph (3) of this 
        subsection, a permanent or temporary withdrawal, change of 
        classification, or change of management status of Federal 
        public land or water that effectively closes or significantly 
        restricts 640 or more contiguous acres of Federal public land 
        or water to access or use for fishing or hunting or activities 
        related to fishing and hunting (or both) shall take effect only 
        if, before the date of withdrawal or change, the head of the 
        Federal agency that has jurisdiction over the Federal public 
        land or water--
                    (A) publishes appropriate notice of the withdrawal 
                or change, respectively;
                    (B) demonstrates that coordination has occurred 
                with a State fish and wildlife agency; and
                    (C) 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, respectively.
            (2) Aggregate or cumulative effects.--If the aggregate or 
        cumulative effect of separate withdrawals or changes 
        effectively closes or significantly restricts 1280 or more 
        acres of land or water, such withdrawals and changes shall be 
        treated as a single withdrawal or change for purposes of 
        paragraph (1).
            (3) Emergency closures.--Nothing in this Act prohibits a 
        Federal land management agency from establishing or 
        implementing emergency closures or restrictions of the smallest 
        practicable area to provide for public safety, resource 
        conservation, national security, or other purposes authorized 
        by law. Such an emergency closure shall terminate after a 
        reasonable period of time unless converted to a permanent 
        closure consistent with this Act.
    (h) Areas Not Affected.--
            (1) In general.--Nothing in this Act requires the opening 
        of national park or national monuments under the jurisdiction 
        of the National Park Service to hunting or recreational 
        shooting.
            (2) National wildlife refuge system.--Nothing in this Act 
        is intended to amend or modify the provisions of the National 
        Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
        668dd et seq.), except as expressly provided herein.
    (i) 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.
    (j) Consultation With Councils.--In fulfilling the duties set forth 
in this Act, the heads of Federal agencies shall consult with 
respective advisory councils as established in Executive Orders 12962 
and 13443.
    (k) Authority of the States.--
            (1) In general.--Nothing in this Act shall be construed as 
        interfering with, diminishing, or conflicting with the 
        authority, jurisdiction, or responsibility of any State to 
        manage, control, or regulate fish and wildlife under State law 
        (including regulations) on land or water within the State, 
        including on Federal public land.
            (2) Federal licenses.--Nothing in this Act authorizes the 
        head of a Federal agency head to require a license, fee, or 
        permit to fish, hunt, or trap on land or water in a State, 
        including on Federal public land in the States, except that 
        this paragraph shall not affect the Migratory Bird Stamp 
        requirement set forth in the Migratory Bird Hunting and 
        Conservation Stamp Act (16 U.S.C. 718 et seq.).
                                                 Union Calendar No. 442

112th CONGRESS

  2d Session

                               H. R. 2834

                      [Report No. 112-609, Part I]

_______________________________________________________________________

                                 A BILL

    To recognize the heritage of recreational fishing, hunting, and 
shooting on Federal public lands and ensure continued opportunities for 
                           these activities.

_______________________________________________________________________

                             July 19, 2012

   Reported from the Committee on Natural Resources with an amendment

                             July 19, 2012

The Committee on Agriculture discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed