[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2066 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2066

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 2, 2012

 Ms. Murkowski (for herself and Mr. Manchin) 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 recreational fishing, hunting, and 
shooting on Federal public land and ensure continued opportunities for 
                           those 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 people in the 
        United States 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 land and water 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 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--
                    (A) an important and traditional activity in which 
                millions of people in the United States participate; 
                and
                    (B) a valid use of Federal public land, including 
                the establishment of safe and convenient shooting 
                ranges on Federal land;
            (7) participation in recreational shooting helps recruit 
        and retain hunters and contributes to wildlife conservation;
            (8)(A) opportunities for recreational fishing, hunting, and 
        shooting are declining, which depresses participation in those 
        traditional activities; and
            (B) depressed participation adversely impacts fish and 
        wildlife conservation and funding for important conservation 
        efforts; and
            (9) the public interest would be served, and the fish and 
        wildlife resources of citizens of the United States 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 (16 U.S.C. 1801 note; 
        relating to recreational fisheries) and Executive Order 13443 
        (16 U.S.C. 661 note; relating to facilitation of hunting 
        heritage and wildlife conservation).

SEC. 3. DEFINITIONS.

    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 for hunting dogs).
                    (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. HUNTING, RECREATIONAL FISHING, AND RECREATIONAL SHOOTING.

    (a) In General.--Subject to valid existing rights and subsection 
(g), and cooperation with the respective State and fish and wildlife 
agency, a Federal public land management official shall exercise the 
authority of the official under law, including provisions regarding 
land use planning, to facilitate use of and access to Federal public 
land for hunting, recreational fishing, and recreational shooting 
except as limited by--
            (1) any law that authorizes action or withholding action 
        for reasons of national security, public safety, or resource 
        conservation;
            (2) any other Federal law that specifically precludes 
        hunting, recreational fishing, or shooting on specific Federal 
        public land or water or units of Federal public land; and
            (3) discretionary limitations on hunting, recreational 
        fishing, or recreational 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 the land 
management discretion of the head--
            (1) in a manner that supports and facilitates hunting, 
        recreational fishing, and recreational 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) Provision of opportunities in land planning 
                documents.--Federal public land planning documents 
                (including land resources management plans, travel 
                management plans, resource management plans, and 
                general management plans) shall provide for 
                opportunities to engage in hunting, recreational 
                fishing, and recreational shooting, except as 
                determined to be clearly inconsistent with or 
                incompatible with the purposes for which the applicable 
                unit of Federal public land is to be managed.
                    (B) Major federal actions.--
                            (i) In general.--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 land, shall be 
                        considered to be a major Federal action 
                        significantly affecting the quality of the 
                        human environment.
                            (ii) Limitation.--No additional 
                        identification, analysis, or consideration of 
                        environmental effects (including cumulative 
                        effects) shall be necessary or required with 
                        respect to an action described in clause (i).
                    (C) Other activity not considered.--
                            (i) In general.--Except as provided in 
                        clause (ii), Federal public land management 
                        officials shall not be required to consider the 
                        existence or availability of hunting, 
                        recreational fishing, or recreational shooting 
                        opportunities on adjacent or nearby public land 
                        or private land for purposes of--
                                    (I) determining which units of 
                                Federal public land are open for, 
                                hunting, recreational fishing, or 
                                recreational shooting; or
                                    (II) setting levels of use for 
                                hunting, recreational fishing, or 
                                recreational shooting on Federal public 
                                land.
                            (ii) Enhanced opportunities.--Federal 
                        public land management officials may consider 
                        the opportunities described in clause (i) if 
                        the coordination of those opportunities would 
                        enhance the hunting, recreational fishing, or 
                        recreational shooting opportunities available 
                        to the public.
            (2) Use of volunteers.--If hunting is prohibited by law, a 
        Federal public land planning document described in paragraph 
        (1)(A) of an agency shall, after appropriate coordination with 
        the appropriate State fish and wildlife agency, allow the 
        participation of skilled volunteers in the culling and other 
        management of wildlife populations on Federal public land 
        unless the head of the agency demonstrates, based on the best 
        scientific data available or applicable Federal law, why 
        skilled volunteers should not be used to control overpopulation 
        of wildlife on the land that is the subject of the planning 
        document.
    (d) Bureau of Land Management and Forest Service Land.--
            (1) Land open.--
                    (A) In general.--Land under the jurisdiction of the 
                Bureau of Land Management or the Forest Service 
                (including land designated as wilderness or 
                administratively classified as wilderness eligible or 
                suitable and primitive or semiprimitive areas, but 
                excluding land on the outer Continental Shelf) shall be 
                open to hunting, recreational fishing, or recreational 
                shooting unless the managing Federal agency acts to 
                close land to such activity.
                    (B) Closure or restrictions.--Land described in 
                subparagraph (A) 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 such as 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) Recreational shooting ranges.--
                    (A) In general.--The head of each Federal agency 
                shall use the authorities of the head, in a manner 
                consistent with this Act and other applicable law--
                            (i) to lease or permit use of Federal 
                        public land for recreational shooting ranges; 
                        and
                            (ii) to designate specific Federal public 
                        land 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 recreational shooting 
                activity occurring at or on the designated Federal 
                public land.
    (e) Necessity in Wilderness Areas.--
            (1) In general.--The provision of opportunities for 
        hunting, recreational fishing, and recreational shooting, and 
        the conservation of fish and wildlife to provide sustainable 
        use recreational opportunities on designated wilderness areas 
        on Federal public land shall constitute measures necessary to 
        meet the minimum requirements for the administration of a 
        wilderness area.
            (2) Amendment to wilderness act.--Section 4 of the 
        Wilderness Act (16 U.S.C. 1133) is amended by adding at the end 
        the following:
    ``(e) Wilderness Purposes.--In subsection (a), the term `within and 
supplemental to'--
            ``(1) means that any requirements under this Act shall be 
        implemented only to the extent that the activities do not 
        prevent Federal public land management officials and State fish 
        and wildlife officials from carrying out and facilitating the 
        original or primary purpose or purposes for which the unit was 
        established; and
            ``(2) does not 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 hunting, recreational fishing, 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 hunting, recreational fishing, or 
        recreational 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)(1)(B) or emergency closures described in paragraph (3), 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 hunting or recreational fishing or activities related 
        to hunting or recreational fishing shall take effect only after 
        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;
                    (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.
            (2) Aggregate or cumulative effects.--If the aggregate or 
        cumulative effect of separate withdrawals or changes 
        effectively closes or significant restrictions affects 1,280 or 
        more acres of land or water, the withdrawals and changes shall 
        be treated as a single withdrawal or change for purposes of 
        paragraph (1).
            (3) Emergency closures.--
                    (A) In general.--Nothing in this Act prohibits a 
                Federal land management agency from establishing or 
                implementing emergency closures or restrictions of the 
                smallest practicable area of Federal public land to 
                provide for public safety, resource conservation, 
                national security, or other purposes authorized by law.
                    (B) Termination.--An emergency closure under 
                subparagraph (A) shall terminate after a reasonable 
                period of time unless the temporary closure is 
                converted to a permanent closure consistent with this 
                Act.
    (h) No Priority.--
            (1) In general.--Nothing in this Act requires a Federal 
        agency to give preference to hunting, recreational fishing, or 
        recreational shooting over other uses of Federal public land or 
        over land or water management priorities established by other 
        Federal law.
            (2) National wildlife refuge system.--Nothing in this Act 
        amends or modifies the provisions of the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.), except to the extent expressly provided in this Act.
    (i) Consultation With Councils.--In carrying out this Act, the head 
of a Federal agency shall consult with the appropriate Council 
established under Executive Order 12962 (16 U.S.C. 1801 note; relating 
to recreational fisheries) and Executive Order 13443 (16 U.S.C. 661 
note; relating to facilitation of hunting heritage and wildlife 
conservation).
    (j) Authority of States.--
            (1) In general.--Nothing in this Act interferes with, 
        diminishes, or conflicts 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.--
                    (A) In general.--Except as provided in subparagraph 
                (B), nothing in this Act authorizes the head of a 
                Federal agency 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.
                    (B) Migratory bird stamps.--This paragraph does not 
                apply to any requirement of the Migratory Bird Hunting 
                and Conservation Stamp Act (16 U.S.C. 718a et seq.).
                                 <all>