[House Report 106-838]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-838

======================================================================



 
                    HUNTING HERITAGE PROTECTION ACT

                                _______
                                

 September 12, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4790]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4790) to recognize hunting heritage and provide 
opportunities for continued hunting on public lands, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Hunting Heritage Protection Act''.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) Recreational hunting is an important and traditional 
        recreational activity in which 14,000,000 Americans 16 years of 
        age and older participate.
          (2) Hunters have been and continue to be among the foremost 
        supporters of sound wildlife management and conservation 
        practices in the United States.
          (3) Persons who hunt and organizations related to hunting 
        provide direct assistance to wildlife managers and enforcement 
        officers of Federal, State, and local governments.
          (4) Purchases of hunting licenses, permits, and stamps and 
        excise taxes on goods used by hunters have generated billions 
        of dollars for wildlife conservation, research, and management.
          (5) Recreational hunting is an essential component of 
        effective wildlife management, in that it is an important tool 
        for reducing conflicts between people and wildlife and provides 
        incentives for the conservation of wildlife and habitats and 
        ecosystems on which wildlife depends.
          (6) Each State has established at least one agency staffed by 
        professionally trained wildlife management personnel, that has 
        legal authority to manage the wildlife in the State.
          (7) Recreational hunting is an environmentally acceptable 
        activity that occurs and can be provided for on Federal public 
        lands without adverse effects on other uses of that land and 
        water.

SEC. 3. RECREATIONAL HUNTING.

  (a) In General.--Subject to valid existing rights, Federal public 
lands shall be open to access and use for recreational hunting except--
          (1) as limited by the Federal agency with responsibility for 
        Federal public lands--
                  (A) for reasons of national security;
                  (B) for reasons of public safety; or
                  (C) for reasons authorized in applicable Federal 
                statutes as reasons for closure; and
          (2) as recreational hunting is limited by the State in which 
        the Federal public lands are located.
  (b) Management.--The head of each Federal agency with authority to 
manage a natural resource or Federal public lands on which a natural 
resource depends shall exercise that authority, consistent with 
subsection (a), in a manner so as to support, promote, and enhance 
recreational hunting opportunities, to the extent authorized under 
State law and regulation and in accordance with applicable Federal law.
  (c) No Net Loss.--
          (1) In general.--Federal land management decisions and 
        actions should, to the greatest extent practicable, result in 
        no net loss of land area available for hunting opportunities on 
        Federal public lands.
          (2) Annual report.--Not later than October 1 of each year, 
        the head of each Federal agency with authority to manage 
        Federal public lands on which recreational hunting occurs shall 
        submit to the Committee on Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate a report describing--
                  (A) areas administered by the agency that have been 
                closed during the previous year to recreational hunting 
                and the reasons for such closure; and
                  (B) areas administered by the agency that were open 
                to recreational hunting to compensate for those areas 
                described under subparagraph (A).
  (d) Areas Not Affected.--Nothing in this Act shall be construed to 
compel the opening to recreational hunting of national parks or 
national monuments administered by the National Park Service.
  (e) No Priority.--This section does not require a Federal agency to 
give preference to hunting over other uses of Federal public lands, or 
over land or water management priorities established in Federal law.
  (f) Authority of the States.--
          (1) Savings.--Nothing in this Act shall be construed as 
        affecting the authority, jurisdiction, or responsibility of the 
        several States to manage, control, or regulate fish and 
        resident wildlife under State law or regulations on land or 
        water within a State, including Federal public lands, nor as 
        impliedly preempting such State authority.
          (2) Federal licenses.--Nothing in this Act shall be construed 
        as authorizing the head of any Federal agency, or any official 
        of such an agency, to require licenses or permits to hunt, fish 
        or trap on lands or waters within a State, including on Federal 
        public lands.
          (3) State right of action.--Any State aggrieved by the 
        failure of the head of a Federal agency or an official thereof 
        to comply with this subsection may file a civil action in the 
        United States District Court for the district in which the 
        alleged act in violation of this subsection occurred or is 
        occurring to enjoin permanently such act. The court may grant 
        preliminary injunctive relief in any such action if the 
        granting of such relief is appropriate under the facts on which 
        such action is based. A State which is a prevailing party in an 
        action pursuant to this paragraph shall be awarded its costs 
        and attorneys' fees.

SEC. 4. NATIONAL RECREATIONAL HUNTING COORDINATION COUNCIL.

  (a) Establishment.--There is hereby established a National 
Recreational Hunting Coordination Council (in this Act referred to as 
the ``Council'').
  (b) Recreational Hunting Resources Conservation Plan.--
          (1) In general.--The Council, in cooperation with Federal 
        agencies, States, and tribes, and the hunting community, shall 
        develop a comprehensive recreational hunting and wildlife 
        resource conservation plan.
          (2) Contents.--The plan shall--
                  (A) recommend short- and long-term actions to be 
                carried out by the Federal agencies identified in the 
                plan to conserve and restore wildlife habitat in a 
                manner so as to support, promote, facilitate, and 
                enhance recreational hunting opportunities on Federal 
                public lands; and
                  (B) include--
                          (i) a review and evaluation of Federal 
                        policies that affect recreational hunting 
                        opportunities on Federal public lands;
                          (ii) recommendations to ensure that Federal 
                        agencies consider the social and economic 
                        values of healthy wildlife habitat and 
                        recreational hunting in land management 
                        decisions;
                          (iii) recommended actions to be taken by 
                        Federal agencies to facilitate and promote 
                        hunting access to appropriate Federal public 
                        lands;
                          (iv) recommended actions to facilitate the 
                        transfer of the latest resource information and 
                        management technologies to wildlife managers 
                        and the public to assist in the conservation 
                        and management of wildlife and the promotion of 
                        hunting opportunities on Federal public lands;
                          (v) recommendations for improving Federal 
                        agency cooperation with States, tribes, 
                        wildlife conservation groups, and the hunting 
                        community;
                          (vi) measurable objectives of efforts to 
                        conserve and restore wildlife habitats that 
                        support viable and healthy wildlife resources 
                        that may be hunted;
                          (vii) a comprehensive mechanism to evaluate 
                        the attainment of the objectives described in 
                        clause (vi); and
                          (viii) an evaluation of the need for a 
                        permanent National Recreational Hunting 
                        Coordination Council.
          (3) Integration.--To the extent practicable, the Council in 
        developing such plan shall integrate it with existing plans and 
        programs to reduce duplication of efforts.
          (4) Submission of plan.--Not later than 18 months after the 
        date of enactment of this Act, the Council shall publish a 
        draft plan in the Federal Register and provide opportunity for 
        public review and comment. Not later than 3 years after the 
        date of enactment, the Council shall revise and update as 
        necessary the draft plan and submit a final plan to the 
        Committee on Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate, and 
        the President.
  (c) Membership.--
          (1) Number and appointment.--The Council shall consist of 11 
        members appointed as follows:
                  (A) 1 member appointed by the Secretary of the 
                Interior.
                  (B) 1 member appointed by the Secretary of 
                Agriculture.
                  (C) 1 member appointed by the Secretary of Defense.
                  (D) 1 member appointed by the Speaker of the House of 
                Representatives.
                  (E) 1 member appointed by the minority leader of the 
                House of Representatives.
                  (F) 1 member appointed by the majority leader of the 
                Senate.
                  (G) 1 member appointed by the minority leader of the 
                Senate.
                  (H) 2 members appointed by the President from among 
                the directors of State fish and wildlife agencies.
                  (I) 2 members appointed by the President to represent 
                recreational hunters.
          (2) Vacancies.--A vacancy in the Council shall be filled in 
        the manner in which the original appointment was made.
          (3) Pay.--Each member shall serve without pay.
          (4) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
          (5) Chairperson.--The members of the Council shall elect a 
        Chairperson of the Council from among its members.
  (d) Powers of Council.--
          (1) Hearings and sessions.--The Council may, for the purpose 
        of carrying out this Act, hold hearings, sit and act at times 
        and places, take testimony, and receive evidence as the Council 
        considers appropriate.
          (2) Powers of members and agents.--Any member or agency of 
        the Council may, if authorized by the Council, take any action 
        which the Council is authorized to take by this subsection.
  (e) Termination.--The Council shall terminate upon the earlier of the 
date of submission of the final plan under subsection (b) or 3 years 
after the date of the enactment of this Act.
  (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Interior $250,000 for each of 
fiscal years 2001 through 2003 to support the Council established under 
this section.
  (g) Effective Date.--This section shall become effective January 20, 
2001.

SEC. 5. DEFINITIONS.

  In this Act:
          (1) Hunting.--The term ``hunting'' means the lawful pursuit, 
        hunting, trapping, shooting, capture, collection, or killing of 
        wildlife or the attempt to pursue, hunt, trap, shoot, capture, 
        collect, or kill wildlife.
          (2) Federal public lands.--The term ``Federal public lands'' 
        means any land or water the title to which is in the United 
        States after the date of enactment of this Act.

                          PURPOSE OF THE BILL

    The purposes of H.R. 4790 are to recognize America's 
hunting heritage and provide opportunities for continued 
hunting on public lands.

                  BACKGROUND AND NEED FOR LEGISLATION

    Hunting, trapping and fishing are woven into the fabric of 
America's history. These activities are long-standing 
traditions that are passed down from generation to generation, 
fostering an appreciation for the outdoors, and instilling a 
conservation ethic and respect for nature in young people. 
Recreational hunters were America's first conservationists, 
leading efforts beginning more than two centuries ago to 
protect migratory birds, outlaw the commercial harvest of 
wildlife, promote scientific wildlife management, and establish 
public lands to benefit wildlife. America's most famous 
conservationist and a pioneer in the field of wildlife ecology, 
Aldo Leopold, was an avid hunter. The founder of the Audubon 
Society, John James Audubon, was also an accomplished 
sportsman. President Theodore Roosevelt, one of our Nation's 
most prominent hunters, established the National Wildlife 
Refuge System to ensure that wildlife would have sufficient 
habitat to allow continued hunting opportunities. These men 
recognized the important role hunters play in conserving 
habitat for wildlife.
    According to the 1996 National Survey of Fishing, Hunting 
and Wildlife-Associated Recreation, 14 million hunters continue 
to provide leadership and enormous financial support for 
wildlife conservation efforts. These hunters voluntarily 
contribute nearly $21 billion annually to the national economy 
through taxes, fees, trips, guide services, and purchases of 
outdoor equipment. License fees and taxes paid on hunting 
equipment are the dominant source of funding for State fish and 
wildlife agencies, generating $2 billion annually. In 1999, the 
U.S. Fish and Wildlife Service distributed $165 million to 
State agencies for wildlife through its Federal Aid Program 
based on the landmark Pittman-Robertson Act. The dollars 
provided by the Pittman-Robertson Act are clearly responsible 
for recovering many game species and numerous non-game species 
that depend on the same habitat. As a result, both hunters and 
non-hunters, including those who simply enjoy watching or 
photographing wildlife, benefit from the taxes paid by hunters.
    In addition to providing the necessary funds for 
conservation, hunters play an essential role in wildlife 
management. Changing land use patterns and the absence of 
predators have allowed many species of wildlife to flourish. In 
many agricultural areas, wildlife has a year-round food supply 
that was not available prior to cultivation. Hunting gives 
resource managers a valuable tool to control species such as 
whitetail deer and geese that would otherwise exceed the 
carrying capacity of their ecosystems. By destroying vegetation 
and habitat, over-abundant wildlife can threaten the survival 
of other species. In some instances, over-abundant wildlife 
species pose a hazard to human health and safety. Without 
hunters, wildlife managers would need to spend an inordinate 
amount of tax dollars to control nuisance wildlife populations 
through other less-effective means.
    As America's population has shifted from rural to 
predominately urban settings, Americans have become separated 
from their connection to the land. Land available for 
recreational hunting has decreased as it is developed or posted 
by non-hunting landowners. In 1996, nearly 6.5 million people 
hunted on public lands. Seventeen percent of the hunting 
population (2.3 million people) hunted public lands 
exclusively. For many of these hunters, public lands provided 
the only hunting opportunities available. Hunting and fishing 
provide a vital link to the land and to America's tradition of 
rugged individualism and self-reliance. As the Nation's largest 
landowner, particularly in the Western portion of the United 
States, the federal government has both the responsibility and 
the opportunity to provide access to recreational hunters, and 
to protect wildlife habitat to benefit both game and non-game 
species.
    H.R. 4790 recognizes the significant role that hunters play 
in conservation, and ensures that federal public lands and 
waters will continue to be open to recreational hunting, unless 
limited for reasons of national security, public safety, or as 
limited by other federal land-management statutes. The 
fundamental purpose of this bill is to instruct federal land 
managers that public lands are to be open for hunting unless 
there are compelling reasons, grounded in law, to close 
particular areas to hunting. This bill compliments Executive 
Order 12962, which President Clinton issued on June 7, 1995, to 
enhance recreational fishing opportunities on public lands. 
H.R. 4790 directs the head of each federal agency with land 
management authority to manage federal lands consistent with 
the purpose of maintaining, supporting, and facilitating 
recreational hunting opportunities. The use of public lands for 
hunting and trapping is consistent with the provisions of other 
land management statutes, including the Sikes Act (16 U.S.C. 
670 et seq.), and is compatible with lands managed for a wide 
variety of purposes, including the 93 million acres in the 
National Wildlife Refuge System.
    H.R. 4790 establishes a policy of ``No Net Loss'' of 
hunting opportunities for federal public lands. This policy 
does not require federal agencies to give preference to hunting 
over other uses of lands. If an agency closes an area to 
recreational hunting, H.R. 4790 provides that the federal 
government open an equivalent amount of land to compensate for 
the lost recreational hunting opportunities. The legislation 
allows flexibility in the implementation of the No Net Loss 
policy. This provision does not force federal agencies to open 
inappropriate areas to hunting. Further, H.R. 4790 does not 
compel the Department of the Interior to open lands managed by 
the National Park Service, including national monuments, 
National Parks and natural preserve areas that are closed to 
hunting as a matter of law. Each agency with land management 
authority is required to submit an annual report to the 
Congressional Committees of jurisdiction describing lands which 
have been closed or opened to hunting. The No Net Loss policy 
will guarantee that American sportsmen and women will continue 
to enjoy access to public lands for hunting and trapping well 
into the future.
    The Committee reported an amended bill that defines 
``hunting'' to include trapping and other consumptive wildlife-
dependent recreation. The term ``wildlife'' should be construed 
in the broadest sense allowed under existing State and federal 
laws, and should include animals which are bred or raised in 
captivity and released into the wild for the purpose of 
hunting, such as ring-necked pheasants. Section 3(f) requires 
that federal agency policies are compatible with State wildlife 
management laws. This section also provides a venue for States 
to challenge federal agency decisions that infringe upon State 
wildlife management authorities. Federal agencies should 
therefore make sure that their hunting-related policies are 
consistent with those of the State in which the land is 
located.
    H.R. 4790 also establishes a National Recreational Hunting 
Coordination Council. Members of the Council are appointed by 
federal agencies, the President, and Congressional leadership. 
This Council is charged with developing a Recreational Hunting 
Resources Conservation Plan. The plan will review federal 
agency policies that affect hunting opportunities and recommend 
actions to be taken by federal agencies to facilitate hunting 
access to appropriate public lands. The bill authorizes a total 
of $750,000 a year to complete the plan. The Council will 
sunset after three years, or after the final plan is submitted 
to Congress.

                            COMMITTEE ACTION

    H.R. 4790 was introduced on June 29, 2000, by Congressman 
Saxby Chambliss (R-GA). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife, and Oceans. On July 20, 2000, 
the Subcommittee held a hearing on the bill. On July 26, 2000, 
the Full Resources Committee met to consider the bill. The 
Subcommittee was discharged from further consideration of the 
bill by unanimous consent. Chairman Don Young (R-AK) offered an 
amendment in the nature of a substitute that clarified certain 
provisions of the bill, limited the role of the Council and 
sunsetted the Council after three years, strengthened the 
provision pertaining to State authority, and required federal 
agencies to submit an annual report on hunting closures to 
Congress. The amendment in the nature of a substitute was 
adopted by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    The short title of this bill is the ``Hunting Heritage 
Protection Act''.

Section 2. Findings

    Section 2 lists several findings, including a description 
of the social and economic importance of recreational hunting 
in the United States, a recognition that hunters are the 
foremost supporters of sound wildlife management and 
conservation practices, and that recreational hunting is an 
essential component of effective wildlife management.

Section 3. Recreational hunting

    Section 3 requires that federal public lands remain open 
for recreational hunting except for reasons of national 
security, public safety, or as limited by applicable federal 
statutes. The head of each federal agency with authority to 
manage public lands, including the U.S. Forest Service, the 
Bureau of Land Management, the U.S. Fish and Wildlife Service, 
the Department of Defense, and the Department of Energy, shall 
use their existing authorities to support, promote and enhance 
recreational hunting opportunities on federal lands. Section 3 
provides that there be no net loss of acreage available to 
recreational hunting. Each agency is required to submit an 
annual report which describes lands closed to public hunting as 
well as lands that have been opened pursuant to the ``No Net 
Loss'' policy. Section 3 exempts lands managed by the National 
Park Service and closed to hunting as a matter of law from the 
provisions of this bill. The bill does not require that federal 
agencies give hunting a higher priority than other existing 
land uses.
    Section 3 also states that nothing in this bill shall 
affect the authority, jurisdiction, or responsibility of the 
several States to manage, control, or regulate fish and 
resident wildlife under State laws. States retain the right to 
require hunting and fishing licenses, and this bill does not 
give any new authorities to federal agencies to require permits 
to hunt, fish or trap on federal lands or waters within a 
State. Existing authorities, including the Federal Duck Stamp 
Program, are not affected. Finally, the section recognizes that 
States have a right of action to sue in the U.S. district court 
of jurisdiction if a federal agency fails to recognize State 
primacy in managing resident fish and wildlife.

Section 4. National Recreational Hunting Coordination Council

    Section 4 establishes the National Recreational Hunting 
Coordination Council. The Council consists of 11 members: one 
member each appointed by the majority and minority leaders of 
the House of Representatives and the Senate, two members 
appointed by the President to represent State fish and wildlife 
agencies, two members appointed by the President to represent 
recreational hunters, and one member each appointed by the 
Secretary of the Interior, the Secretary of Defense, and the 
Secretary of Agriculture. Members of the Council will be 
appointed after January 20, 2000, and the Council will sunset 
after three years.
    The Council is charged with developing a national 
recreational hunting and wildlife conservation plan. The plan 
will recommend short and long term actions to be carried out by 
federal agencies to support, promote, facilitate, and enhance 
recreational hunting opportunities on federal public lands. The 
plan will include a review of federal policies that affect 
hunting, recommendations to ensure that agencies consider the 
benefits of hunting in land management decisions, 
recommendations to facilitate the sharing of information, an 
evaluation of the need for a permanent Council, and measurable 
objectives of efforts to conserve and restore wildlife habitat 
to support wildlife that may be hunted. The Council is required 
to submit a draft plan for public review and comment no later 
than 18 months after the date of enactment of the bill, and to 
submit a final report to the President and to Congress within 
three years. Section 4 authorizes $250,000 a year for each of 
fiscal years 2001 through 2003 to support the Council.

Section 5. Definitions

    Section 5 defines the terms ``hunting'' and ``Federal 
public lands''.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                  FEDERAL ADVISORY COMMITTEE STATEMENT

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 8, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4790, the Hunting 
Heritage Protection Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4790--Hunting Heritage Protection Act

    H.R. 4790 would require federal land management agencies to 
promote and enhance recreational hunting on federal lands. 
Assuming appropriation of the necessary amounts, CBO estimates 
that implementing the bill would cost the federal government 
$2.5 million over the 2001-2005 period. H.R. 4790 would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    H.R. 4790 would establish a new federal policy that, to the 
extent practicable, there should be no net loss of public lands 
open for hunting. In complying with this policy, the land 
management agencies would report to the Congress each year on 
areas that they have closed or opened to hunting.
    Section 4 of the bill would establish the National 
Recreation Hunting Coordination Council. The 11-member council 
would develop a plan to promote recreational hunting and 
wildlife conservation, including recommendations to federal 
agencies on short-term and long-term actions to restore 
wildlife habitat and enhance hunting opportunities on public 
lands. For this purpose, the bill would authorize the 
appropriation of $250,000 for each of fiscal years 2001 through 
2003.
    CBO estimates that it would cost $750,000 to implement H.R. 
4790 in fiscal year 2001, including $250,000 for council 
activities and $500,000 to establish a database on federal 
lands open to hunting. After the council's authority expires in 
2003, we estimate federal agencies would continue to spend 
about $300,000 a year to maintain the database and to report to 
the Congress. This estimate is based on information provided by 
the land management agencies in the Department of the Interior, 
the Department of Defense, and the Department of Agriculture.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    compliance with public law 104-4

    This bill contains no unfunded mandates.

                preemption of state, local or tribal law

    This bill is not intended to preempt any State, local or 
tribal law.

                        changes in existing law

    If enacted, this bill would make no changes in existing 
law.

                            DISSENTING VIEWS

    Hunting on the Nation's public lands has a long and rich 
tradition and is pursued by many for subsistence and 
recreation, creating both social and economic benefits. In 
fact, most of the Federal public lands are currently open to 
hunting, subject to regulations which are primarily established 
by state fish and game agencies. As ``no trespass'' signs are 
increasingly posted on privately-owned lands, it is important 
that public lands remain accessible for recreation by average 
citizens. Contrary to the Majority, we think that competing 
demands for wildlife resources and wildlife-based recreation on 
public lands must be carefully balanced. In a departure from 
existing law and policy, this legislation would convey a 
preferred status to hunting over and above all other uses of 
public lands. In our view, this would undercut responsible 
management of wildlife resources and be detrimental to the 
majority of Americans who enjoy forms of wildlife-based 
recreation other than hunting.
    No evidence had been provided to the Committee to 
demonstrate that Federal land managers have acted in an 
arbitrary or capricious manner to restrict hunting on public 
lands. In expressing the Administration's opposition to H.R. 
4790, the Department of the Interior testified at the 
Subcommittee's July 26, 2000 hearing that ``the vast majority 
of public lands are open to recreational hunting.'' Independent 
sources strongly corroborate this statement. According to 
statistics compiled by the General Accounting Office (GAO) and 
the National Audubon Society, hundreds of millions of acres of 
public land under the administration of the Department of the 
Interior, the U.S. Forest Service and other federal agencies 
are currently accessible to recreational hunters. It is worth 
noting that this total does not account for hunting 
opportunities presently available on State-owned public lands.
    The reality is that more Federal public lands and waters 
are being opened for hunting, especially at units managed by 
the Fish and Wildlife Service. According to data provided by 
the Service, opportunities to hunt within the Refuge System are 
available in 49 States. In 1999, the Service allowed public 
hunting on 299 refuges, wildlife management areas, and 
waterfowl production areas (59% of all units), which in total 
area also represents the vast majority of all public lands 
managed by the Service. The Administration testified that it 
intends to increase hunting opportunities during the 2000-2001 
season by opening additional refuges for hunting in several 
States ranging from Maine to Oregon. This action is wholly 
consistent with the policies established under the National 
Wildlife Refuge Improvement Act (Pub. L. 105-57) which included 
hunting as one of six priority wildlife-dependent uses on 
Wildlife Refuges. We are concerned that H.R. 4790 would, in 
effect, rewrite that popular and bipartisan Act to 
unjustifiably prioritize hunting to the detriment of those 
other five priority wildlife-dependent uses. We are also 
concerned that the unnecessary and vague ``no net loss'' policy 
for hunting opportunities included in this bill would 
thoroughly undercut the ability of Federal land managers to 
reliably evaluate hunting on a case-by-case basis by using 
accepted analytic and planning tools. The impacts of H.R. 4790 
deserve far more scrutiny.
    We also note that this bill's exclusive focus on hunting 
ignores the values of non-consumptive wildlife-based recreation 
and other types of uses on public lands. According to the 1996 
National Survey of Fishing, Hunting and Wildlife-Associated 
Recreation, the number of people who enjoy wildlife watching or 
wildlife photography now totals well over 63 million Americans, 
as compared to an estimated 14 million people who hunt--nearly 
five times the number of hunters. Adding recreational anglers 
to the number of non-consumptive wildlife users in the Survey 
swells the total of non-hunters to 98 million Americans. 
Furthermore, the importance of public lands for all types of 
recreational use is undeniable. GAO reports in its 1999 report 
on Recreation Fees (GAO/RECD-99-7 Recreational Fees), that in 
1997 there were over 1.2 billion visits to public lands and 
facilities managed by the Department of the Interior and the 
Forest Service. Unfortunately, H.R. 4790 gives no consideration 
to the needs of this large segment of the American population. 
That is simply unfair.
    It is also ironic that this legislation has been introduced 
at the same time that the Majority has sought to transfer or 
sell off huge chunks of Federal lands to the States or private 
interests. Moreover, they have aggressively tried to increase 
access to public lands for miners, loggers and other corporate 
development interests. The Majority's policies would actually 
reduce the amount of Federal lands available to hunters. It is 
also ironic that this legislation would establish and authorize 
funds for a new National Recreational Hunting Coordination 
Council less than 7 months after the Majority passed 
legislation (H.R. 3671, the Wildlife and Sport Fish Restoration 
Programs Improvement Act) which effectively cuts funding made 
available under the Wallop-Breaux Sport Fish Restoration 
Program to support the existing Sport Fishing and Boating 
Partnership Council. We also note the Administration's 
opposition to H.R. 4790, and the substantive concerns raised by 
non-governmental organizations about the impracticality and 
high costs of implementing the bill's ``no net loss'' policy in 
addition to other detrimental affects. Taken together, these 
factors raise substantial doubts about the need for, or 
desirability of, this legislation.
    In closing, H.R. 4790 proposes a significant shift in 
Federal land management policy. It ignores two vital factors 
that confront Federal land managers on a daily basis: the need 
to sustainably manage wildlife resources for the benefit of all 
users of wildlife, and in the larger context, the need to 
balance the use of wildlife with all other competing uses of 
Federal lands and waters. For the Congress to act quickly to 
pass this legislation without greater awareness of its full 
costs and implications would be ill-advised.

                                   George Miller.
                                   Neil Abercrombie.
                                   Grace F. Napolitano.
                                   Frank Pallone, Jr.
                                   Mark Udall.
                                   Rush Holt.
                                   Ron Kind.

                                  
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