[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4089 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4089

To protect and enhance opportunities for recreational hunting, fishing 
                             and shooting.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2012

Mr. Miller of Florida (for himself, Mr. Benishek, Mr. Flake, Mr. Young 
of Alaska, Mr. Ross of Arkansas, Mr. Boren, Mr. Latta, and Mr. Shuler) 
 introduced the following bill; which was referred to the Committee on 
Natural Resources, and in addition to the Committees on Agriculture and 
Energy and Commerce, 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 protect and enhance opportunities for recreational hunting, fishing 
                             and shooting.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sportsmen's 
Heritage Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definition.
Sec. 104. Recreational fishing, hunting, and shooting.
               TITLE II--RECREATIONAL SHOOTING PROTECTION

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Recreational shooting.
            TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS

Sec. 301. Short title.
Sec. 302. Permits for importation of polar bear trophies taken in sport 
                            hunts in Canada.
    TITLE IV--HUNTING, FISHING, AND RECREATIONAL SHOOTING PROTECTION

Sec. 401. Short title.
Sec. 402. Modification of definition.

  TITLE I--RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Recreational Fishing and Hunting 
Heritage and Opportunities Act''.

SEC. 102. 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, 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. 103. DEFINITION.

    In this title:
            (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; 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).
            (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. 104. 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 title, 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.--The fact that 
                recreational fishing, hunting, or shooting occurs on 
                adjacent or nearby public or private lands shall not be 
                considered in determining which Federal public lands 
                are open for these activities or for setting levels of 
                use for these activities.
            (2) Use of volunteers.--If hunting is prohibited by law, 
        all Federal public land planning documents of 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. The head of 
        the agency shall publish public notice of such closure or 
        restriction before it is effective, unless the closure or 
        restriction is mandated by other law.
            (2) Shooting ranges.--
                    (A) In general.--The head of each Federal agency--
                            (i) may lease its lands for shooting 
                        ranges; and
                            (ii) may designate specific lands 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 ``within and supplemental to'' Wilderness purposes, 
        as provided in Public Law 88-577, section 4(c), means that any 
        requirements imposed by that Act shall be implemented only 
        insofar as they facilitate or enhance the original or primary 
        purpose or purposes for which the Federal public lands or 
        Federal public land unit was established and do not materially 
        interfere with or hinder such purpose or purposes.
    (f) Annual Report.--
            (1) In general.--Not later than October 1 of each year, the 
        head of each Federal agency who has 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.--
                    (A) In general.--Other than closures under 
                subsection (c), the withdrawal, any change of 
                classification, or any change of management status 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--
                            (i) publishes notice of the closure, 
                        withdrawal, or significant restriction;
                            (ii) demonstrates that coordination has 
                        occurred with a State fish and wildlife agency; 
                        and
                            (iii) 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.
                    (B) Aggregate or cumulative effects.--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.
    (g) Areas Not Affected.--Nothing in this title requires the opening 
of national park or national monuments under the jurisdiction of the 
National Park Service to hunting or recreational shooting.
    (h) No Priority.--Nothing in this title 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.
    (i) Consultation With Councils.--In fulfilling the duties set forth 
in this title, the heads of Federal agencies shall consult with 
respective advisory councils as established in Executive Orders 12962 
and 13443.
    (j) Authority of the States.--
            (1) In general.--Nothing in this title 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 title authorizes the 
        head of a Federal 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, 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.).

               TITLE II--RECREATIONAL SHOOTING PROTECTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Recreational Shooting Protection 
Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Land Management.
            (2) National monument land.--The term ``National Monument 
        land'' has the meaning given that term in the Act of June 8, 
        1908 (commonly known as the ``Antiquities Act''; 16 U.S.C. 431 
        et seq.).
            (3) Recreational shooting.--The term ``recreational 
        shooting'' includes 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. 203. RECREATIONAL SHOOTING.

    (a) In General.--Subject to valid existing rights, National 
Monument land under the jurisdiction of the Bureau of Land Management 
shall be open to access and use for recreational shooting, except such 
closures and restrictions determined by the Director to be necessary 
and reasonable and supported by facts and evidence for one or more of 
the following:
            (1) Reasons of national security.
            (2) Reasons of public safety.
            (3) To comply with an applicable Federal statute.
    (b) Notice; Report.--
            (1) Requirement.--Except as set forth in paragraph (2)(B), 
        before a restriction or closure under subsection (a) is made 
        effective, the Director shall--
                    (A) publish public notice of such closure or 
                restriction in a newspaper of general circulation in 
                the area where the closure or restriction will be 
                carried out; and
                    (B) submit to Congress a report detailing the 
                location and extent of, and evidence justifying, such a 
                closure or restriction.
            (2) Timing.--The Director shall issue the notice and report 
        required under paragraph (1)--
                    (A) before the closure if practicable without 
                risking national security or public safety; and
                    (B) in cases where such issuance is not practicable 
                for reasons of national security or public safety, not 
                later than 30 days after the closure.
    (c) Cessation of Closure or Restriction.--A closure or restriction 
under paragraph (1) or (2) of subsection (a) shall cease to be 
effective--
            (1) effective on the day after the last day of the six-
        month period beginning on the date on which the Director 
        submitted the report to Congress under subsection (b)(2) 
        regarding the closure or restriction, unless the closure or 
        restriction has been approved by Federal law; and
            (2) 30 days after the date of the enactment of a Federal 
        law disapproving the closure or restriction.
    (d) Management.--Consistent with subsection (a), the Director shall 
manage National Monument land under the jurisdiction of the Bureau of 
Land Management--
            (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).
    (e) Limitation on Duplicative Closures or Restrictions.--Director 
may not issue a closure or restriction under subsection (a) that is 
substantially similar to closure or restriction previously issued that 
was not approved by Federal law.
    (f) Effective Date for Prior Closures and Restrictions.--On the 
date that is six months after the date of the enactment of this Act, 
this title shall apply to closures and restrictions in place on the 
date of the enactment of this title that relate to access and use for 
recreational shooting on National Monument land under the jurisdiction 
of the Bureau of Land Management.
    (g) 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--
            (1) any National Monument land under the jurisdiction of 
        the Bureau of Land Management that was closed to recreational 
        shooting or on which recreational shooting was restricted at 
        any time during the preceding year; and
            (2) the reason for the closure.
    (h) No Priority.--Nothing in this title 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.
    (i) Authority of the States.--
            (1) Savings.--Nothing in this title 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 title 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.

            TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Polar Bear Conservation and 
Fairness Act of 2012''.

SEC. 302. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT 
              HUNTS IN CANADA.

    Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:
            ``(D)(i) The Secretary of the Interior shall, expeditiously 
        after the expiration of the applicable 30-day period under 
        subsection (d)(2), issue a permit for the importation of any 
        polar bear part (other than an internal organ) from a polar 
        bear taken in a sport hunt in Canada to any person--
                    ``(I) who submits, with the permit application, 
                proof that the polar bear was legally harvested by the 
                person before February 18, 1997; or
                    ``(II) who has submitted, in support of a permit 
                application submitted before May 15, 2008, proof that 
                the polar bear was legally harvested by the person 
                before May 15, 2008, from a polar bear population from 
                which a sport-hunted trophy could be imported before 
                that date in accordance with section 18.30(i) of title 
                50, Code of Federal Regulations.
            ``(ii) The Secretary shall issue permits under clause 
        (i)(I) without regard to subparagraphs (A) and (C)(ii) of this 
        paragraph, subsection (d)(3), and sections 101 and 102. 
        Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the 
        importation of any polar bear part authorized by a permit 
        issued under clause (i)(I). This clause shall not apply to 
        polar bear parts that were imported before June 12, 1997.
            ``(iii) The Secretary shall issue permits under clause 
        (i)(II) without regard to subparagraph (C)(ii) of this 
        paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 
        102(b)(3) shall not apply to the importation of any polar bear 
        part authorized by a permit issued under clause (i)(II). This 
        clause shall not apply to polar bear parts that were imported 
        before the date of enactment of the Polar Bear Conservation and 
        Fairness Act of 2012.''.

    TITLE IV--HUNTING, FISHING, AND RECREATIONAL SHOOTING PROTECTION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Hunting, Fishing, and Recreational 
Shooting Protection Act''.

SEC. 402. MODIFICATION OF DEFINITION.

    Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 
2602(2)(B)) is amended--
            (1) in clause (v), by striking ``, and'' and inserting ``, 
        or any component of any such article including, without 
        limitation, shot, bullets and other projectiles, propellants, 
        and primers,'';
            (2) in clause (vi) by striking the period at the end and 
        inserting ``, and''; and
            (3) by inserting after clause (vi) the following:
                            ``(vii) any sport fishing equipment (as 
                        such term is defined in subparagraph (a) of 
                        section 4162 of the Internal Revenue Code of 
                        1986) the sale of which is subject to the tax 
                        imposed by section 4161(a) of such Code 
                        (determined without regard to any exemptions 
                        from such tax as provided by section 4162 or 
                        4221 or any other provision of such Code), and 
                        sport fishing equipment components.''.
                                 <all>