[Congressional Record Volume 155, Number 135 (Wednesday, September 23, 2009)]
[Senate]
[Pages S9747-S9748]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of Colorado (for himself and Mr. Risch):
  S. 1702. A bill to amend the Pittman-Robertson Wildlife Restoration 
Act to facilitate the establishment of additional or expanded public 
target ranges in certain states; to the Committee on Environment and 
Public Works.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the 
Target Practice and Marksmanship Training Support Act. I am introducing 
this bill with the support of Senator Risch, and I thank my colleague 
for joining me in this bipartisan effort.
  This bill would provide funding flexibility to the States to help 
construct and maintain needed shooting ranges--safe and designated 
areas where people can sharpen their marksmanship and enjoy 
recreational shooting.
  For a variety of reasons, the number of places where people can 
safely engage in recreational shooting and target practicing has 
steadily dwindled. This includes areas on our national public lands. In 
an effort to establish, maintain and promote safe and established areas 
for such activities, this legislation would allow States to allocate a 
greater proportion of their Federal wildlife funds for these purposes.
  Currently, states are allocated funds for a variety of wildlife 
purposes under the Pittman-Robertson Act. This Act, which established a 
10 percent excise tax on sporting equipment and ammunition, distributes 
these funds to States for specific purposes. One of these purposes 
includes hunter safety programs and the development and maintenance of 
shooting ranges. However, the Act currently contains certain 
limitations on the use of these funds for the purpose of shooting 
ranges.
  The Target Practice and Marksmanship Training Support Act would amend 
the Pittman-Robertson Act by adjusting the funding limitations so that 
States have more funds available for the creation and maintenance of 
shooting ranges. Specifically, the bill would do a number of things.
  First, it would authorize States to charge up to 90 percent instead 
of the current 75 percent of the costs for acquiring land for, 
expanding, or constructing a public target range on Federal or non-
federal land to its allotted Pittman-Robertson allocations, and 
therefore States would only need to find 10 percent match, as opposed 
to 25 percent.
  Second, it would allow the Pittman-Robertson funds allotted to a 
State to remain available for 5 fiscal years, instead of the current 1 
fiscal year, for use in acquiring land for, expanding, or constructing 
a public target range on Federal or non-federal land.
  Third, it would limit the liability exposure to the Federal land 
agencies, the Forest Service and the Bureau of Land Management, 
regarding the use of Federal land for target practice or marksmanship 
training.
  Fourth, it would encourage the Federal land agencies, the Forest 
Service and the Bureau of Land Management, to cooperate with State and 
local authorities to maintain target ranges on Federal land so as to 
encourage their continued use.
  To be clear, the bill would not allocate any new funding to the 
construction of shooting ranges, it would not raise any fees or taxes, 
nor would it require States to apply their allocated Pittman-Robertson 
funds to shooting ranges. Instead, by reducing the State matching 
requirements--and allowing States to ``bank'' these funds for 5 years, 
the bill allows States to use their Pittman-Robertson funds as they 
think best while also allowing them to

[[Page S9748]]

extend their existing license fee revenue and other State generated 
funds on other important programs, such as wildlife habitat.
  I would like to thank the following groups who have expressed support 
for this legislation: the National Rifle Association, the National 
Governing Body for the Olympic Shooting Sports, the Colorado Firearms 
Coalition, the Colorado Wildlife Federation, the Colorado Backcountry 
Hunters and Anglers, and the Rocky Mountain Bighorn Society.
  I believe that hunting and recreational shooting are legitimate 
activities--activities that also are appropriate where not prohibited 
on our public lands. This bill is designed to maintain these activities 
in a save and convenient manner. It is my hope that the public lands 
agencies continue to work with the States, sportsmen and hunters, the 
recreational shooting interests, nearby communities, and others so that 
these opportunities are safe and available.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1702

       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 ``Target Practice and 
     Marksmanship Training Support Act''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the use of firearms for target practice and 
     marksmanship training activities on Federal land is allowed, 
     except to the extent specific portions of that land have been 
     closed to those activities;
       (2) in recent years preceding the date of enactment of this 
     Act, portions of Federal land have been closed to target 
     practice and marksmanship training for many reasons;
       (3) the availability of public target ranges on non-Federal 
     land has been declining for a variety of reasons, including 
     continued population growth and development near former 
     ranges;
       (4) providing opportunities for target practice and 
     marksmanship training at public target ranges on Federal and 
     non-Federal land can help--
       (A) to promote enjoyment of shooting, recreational, and 
     hunting activities; and
       (B) to ensure safe and convenient locations for those 
     activities;
       (5) Federal law in effect on the date of enactment of this 
     Act, including the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669 et seq.), provides Federal support for 
     construction and expansion of public target ranges by making 
     available to States funds that can be used for construction, 
     operation, and maintenance of public target ranges; and
       (6) it is in the public interest to provide increased 
     Federal support to facilitate the construction or expansion 
     of public target ranges.
       (b) Purpose.--The purpose of this Act is to facilitate the 
     construction and expansion of public target ranges, including 
     ranges on Federal land managed by the Forest Service and the 
     Bureau of Land Management.

     SEC. 3. DEFINITION OF PUBLIC TARGET RANGE.

       In this Act, the term ``public target range'' means a 
     specific location that--
       (1) is identified by a governmental agency for recreational 
     shooting;
       (2) is open to the public;
       (3) may be supervised; and
       (4) may accommodate rifle, pistol, or shotgun shooting.

     SEC. 4. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION 
                   ACT.

       (a) Definitions.--Section 2 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended--
       (1) by redesignating paragraphs (2) through (8) as 
     paragraphs (3) through (9), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) the term `public target range' means a specific 
     location that--
       ``(A) is identified by a governmental agency for 
     recreational shooting;
       ``(B) is open to the public;
       ``(C) may be supervised; and
       ``(D) may accommodate rifle, pistol, or shotgun 
     shooting;''.
       (b) Expenditures for Management of Wildlife Areas and 
     Resources.--Section 8(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669g(b)) is amended--
       (1) by striking ``(b) Each State'' and inserting the 
     following:
       ``(b) Expenditures for Management of Wildlife Areas and 
     Resources.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State'';
       (2) in paragraph (1) (as so designated), by striking 
     ``construction, operation,'' and inserting ``operation'';
       (3) in the second sentence, by striking ``The non-Federal 
     share'' and inserting the following:
       ``(3) Non-federal share.--The non-Federal share'';
       (4) in the third sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(4) Regulations.--The Secretary''; and
       (5) by inserting after paragraph (1) (as designated by 
     paragraph (1) of this subsection) the following:
       ``(2) Exception.--Notwithstanding the limitation described 
     in paragraph (1), a State may pay up to 90 percent of the 
     cost of acquiring land for, expanding, or constructing a 
     public target range.''.
       (c) Firearm and Bow Hunter Education and Safety Program 
     Grants.--Section 10 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-1) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Allocation of additional funds.--Of the amount 
     apportioned to a State for any fiscal year under section 
     4(b), the State may elect to allocate not more than 10 
     percent, to be combined with the amount apportioned to the 
     State under paragraph (1) for that fiscal year, for acquiring 
     land for, expanding, or constructing a public target 
     range.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Cost Sharing.--
       ``(1) In general.--Except as provided by paragraph (2), the 
     Federal share of the cost of any activity carried out using a 
     grant under this section shall not exceed 75 percent of the 
     total cost of the activity.
       ``(2) Public target range construction or expansion.--The 
     Federal share of the cost of acquiring land for, expanding, 
     or constructing a public target range in a State on Federal 
     or non-Federal land pursuant to this section or section 8(c) 
     shall not exceed 90 percent of the cost of the activity.''; 
     and
       (3) in subsection (c)(1)--
       (A) by striking ``Amounts made'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     amounts made''; and
       (B) by adding at the end the following:
       ``(B) Exception.--Amounts provided for acquiring land for, 
     constructing, or expanding a public target range shall remain 
     available for expenditure and obligation during the 5-fiscal-
     year period beginning on October 1 of the first fiscal year 
     for which the amounts are made available.''.

     SEC. 5. LIMITS ON LIABILITY.

       (a) Discretionary Function.--For purposes of chapter 171 of 
     title 28, United States Code (commonly referred to as the 
     ``Federal Tort Claims Act''), any action by an agent or 
     employee of the United States to authorize the use of Federal 
     land for purposes of target practice or marksmanship training 
     by a member of the public shall be considered to be the 
     exercise or performance of a discretionary function.
       (b) Civil Action or Claims.--Except to the extent provided 
     in chapter 171 of title 28, United States Code, the United 
     States shall not be subject to any civil action or claim for 
     money damages for injury to or loss of property, personal 
     injury, or death caused by an activity occurring at a public 
     target range that is--
       (1) funded in whole or in part by the Federal Government 
     pursuant to the Pittman-Robertson Wildlife Restoration Act 
     (16 U.S.C. 669 et seq.); or
       (2) located on Federal land.

     SEC. 6. SENSE OF CONGRESS REGARDING COOPERATION.

       It is the sense of Congress that, consistent with 
     applicable laws and regulations, the Chief of the Forest 
     Service and the Director of the Bureau of Land Management 
     should cooperate with State and local authorities and other 
     entities to carry out waste removal and other activities on 
     any Federal land used as a public target range in order to 
     encourage continued use of that land for target practice or 
     marksmanship training.

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