[Congressional Record Volume 157, Number 90 (Wednesday, June 22, 2011)]
[Senate]
[Pages S4029-S4030]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of Colorado (for himself, Mr. Risch, Mr. Tester, and 
        Mr. Bennet):
  S. 1249. 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 with the support 
of Senators Risch, Tester, and Bennet. I thank my colleagues for 
joining me in this bipartisan effort.
  This bill would provide funding flexibility to the states to help 
construct and maintain needed public shooting ranges, designated areas 
where people can sharpen their marksmanship skills and safely 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 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 Wildlife Restoration Act. This act 
established an excise tax on sporting equipment and ammunition that is 
used to fund many state activities, including wildlife restoration and 
hunter education and safety programs. Pittman-Robertson funds can also 
be used for the development and maintenance of shooting ranges. 
However, the Pittman-Robertson Wildlife Restoration Act contains 
certain restrictions on the use of Pittman-Robertson funds that limit 
their effectiveness for establishing and maintaining shooting ranges.
  The Target Practice and Marksmanship Training Support Act would amend 
the Pittman-Robertson Wildlife Restoration Act to adjust certain 
funding limitations so that States have greater flexibility over the 
use of funds available for the creation and maintenance of shooting 
ranges.
  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 amount of other 
funds states would have to raise and allowing states to ``bank'' 
Pittman-Robertson funds for 5 years for shooting ranges, the bill gives 
States greater flexibility to use their existing Pittman-Robertson 
funds as they think best. Also as a result of this bill, States will be 
able to extend their existing license fee revenue and other State-
generated funds on other important programs, such as wildlife habitat 
conservation.
  Hunting and recreational shooting are an integral part of the 
Colorado way of life, activities that also are appropriate where not 
prohibited on our public lands. This bill is designed to improve the 
quality of the recreational shooting experience by promoting safe, 
designated places to shoot. In addition to the improvements this bill 
contains, it is my hope that the public land management agencies will 
continue to work with the States, sportsmen and women, the recreational 
shooting interests, local 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. 1249

       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 and archery equipment 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 amounts that may 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 archery or 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 archery or 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 amounts.--Of the amount 
     apportioned to a State for any fiscal year under section 
     4(b), the State

[[Page S4030]]

     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 in 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(b) 
     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 manage or allow 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 any 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 to encourage 
     continued use of that land for target practice or 
     marksmanship training.
                                 ______