[Senate Report 115-372]
[From the U.S. Government Publishing Office]


 						   Calendar No. 575

115th Congress}                                            { Report
                                 SENATE
  2d Session  }                                            { 115-372

======================================================================
 
         TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT

                                _______
                                

               November 15, 2018.--Ordered to be printed

                                _______
                                

   Mr. Barrasso, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 593]

                             together with

                            ADDITIONAL VIEWS

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 593) to amend the Pittman-Robertson 
Wildlife Restoration Act to facilitate the establishment of 
additional or expanded public target ranges in certain States, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                    General Statement and Background

    Pittman-Robertson funds are derived from an 11 percent 
``user pays'' excise tax on firearms and ammunition, and the 
resulting receipts are set aside from the general treasury for 
firearms safety training programs and wildlife conservation. 
Almost $11 billion has been raised for the fund since President 
Franklin D. Roosevelt signed Pittman-Robertson into law in 
1937, making target shooters and hunters amongst the largest 
financial supporters of wildlife conservation in the United 
States.
    Nevertheless, states have deployed a declining percentage 
of these funds to establish public shooting ranges, due to 
fiscal constraints. The costs associated with siting a range 
and the two-year timeline to deploy Pittman-Robertson funds for 
such a project before they are reclaimed by the federal 
government have led to a steep decline in the development of 
these sorts of projects. As a result, the public's ability to 
undergo firearms safety training and for hunters to ``sight 
in'' their firearms before the hunting season have been reduced 
and could lead to decreased public safety. Since the 1980s, the 
number of participants in hunting and shooting activities has 
also declined, resulting in less funding for wildlife 
conservation.

                     Objectives of the Legislation

    The objective of this legislation is to help address a 
deficiency in opportunities for Americans to engage in 
recreational and competitive shooting safely on both public and 
private lands by allowing states to allocate a greater 
proportion of their federal Pittman-Robertson wildlife funds to 
the development and maintenance of public shooting ranges. 
Ultimately, these opportunities should increase sportsmen's 
participation and generate more overall funds that can then be 
allocated through Pittman-Robertson.

                      Section-by-Section Analysis


Section 1. Short title

    This section states this Act may be cited as the ``Target 
Practice and Marksmanship Training Support Act.

Section 2. Findings; purpose

    This section states that the purpose of this Act is to 
facilitate the construction and expansion of public target 
ranges.

Section 3. Definition of public target range

    This section defines the term ``public target range'' as a 
specific location that is identified by a governmental agency 
for recreational shooting, is open to the public, may be 
supervised, and may accommodate archery or rifle, pistol, or 
shotgun shooting.

Section 4. Amendments to Pittman-Robertson Wildlife Restoration Act

    This section provides that a state may use funds it 
receives from the section 4(c) Hunter Education and Safety 
program (``Basic Hunter Education'') to pay for up to 90 
percent of the costs for acquiring land for, expanding, or 
constructing a public target range; (2) it authorizes a state 
to elect to allocate up to 10 percent of the amount apportioned 
to it under 16 U.S.C. 669c(b) to supplement funds provided 
under the section 10 Enhanced Firearm and Bow Hunter Education 
and Safety Program (``Enhanced Hunter Education'') (16 U.S.C. 
669h-1) for acquiring land for, expanding, or constructing a 
public target range; (3) it limits the federal share for 
acquiring land for, expanding, or constructing a public target 
range under such Act to 90 percent; and (4) it requires that 
amounts provided for those costs under the Enhanced Firearm and 
Bow Hunter Education and Safety Program remain available for 
expenditure and obligation for five fiscal years.

Section 5. Limits on liability

    This section clarifies that any action by an agent or 
employee of the United States to manage or allow the use of 
federal land for marksmanship training is considered a 
discretionary function. It states that the United States shall 
not be subject to any civil action or claims, except to the 
extent provided in chapter 171 of title 28, United States Code 
(commonly referred to as the ``Federal Tort Claims Act''), for 
any activity occurring at a public target range funded by the 
Federal Government pursuant to the Pittman-Robertson Wildlife 
Restoration Act or located on federal land.

Section 6. Sense of Congress regarding cooperation

    This section establishes 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.

                          Legislative History

    S. 593, to amend the Pittman-Robertson Wildlife Restoration 
Act to facilitate the establishment of additional or expanded 
public target ranges in certain states, was introduced by 
Senators Bennet, Boozman, Capito, and Heitkamp on March 9, 
2017. The bill was referred to the Committee on Environment and 
Public Works. The bill was subsequently cosponsored by Senators 
Baldwin, Cassidy, Crapo, Ernst, Flake, Hatch, Heinrich, King, 
Manchin, Risch, Rounds, Strange, Sullivan, and Tester. The 
Committee ordered S. 593 to be reported favorably on September 
18, 2018.

                                Hearings

    On July 19, 2017, the Committee on Environment and Public 
Works held a legislative hearing entitled, ``Legislative 
Hearing on S. 1514, the Hunting Heritage and Environmental 
Legacy Preservation (HELP) for Wildlife Act.'' Section 2 of S. 
1514 included substantially similar legislative language to 
that of S. 593.

                             Rollcall Votes

    On September 18, 2018, the Committee conducted a business 
meeting to consider S. 593. The Committee ordered the bill to 
be reported favorably by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that S. 593 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee notes that the Congressional 
Budget Office found that S. 593 contains no intergovernmental 
or private-sector mandates as defined in UMRA and would impose 
no costs on state, local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report, if available. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 26, 2018.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 593, the Target 
Practice and Marksmanship Training Support Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

S. 593--Target Practice and Marksmanship Training Support Act

    S. 593 would allow states to use grants awarded under the 
Pittman-Robertson Wildlife Restoration Act to fund up to 90 
percent of the cost of building or operating public target 
ranges. Under that act, half of all federal excise taxes 
collected on pistols, revolvers, bows, arrows, and archery 
accessories are apportioned to states as grants for hunter 
education programs and for the construction and development of 
target ranges. Current awards can be used to cover 75 percent 
of the programs' costs.
    The bill also would allow states to retain their shares of 
Pittman-Robertson funds for up to five years to acquire or 
construct target ranges. After five years, those funds would be 
reapportioned for other uses by the Secretary of the Interior. 
Under current law, any such funds that are not spent within two 
years are reapportioned and spent on other activities. Neither 
of those provisions would affect the total amount of funds that 
could be spent but could have a minor effect on the timing of 
when those funds are spent. On that basis, CBO estimates that 
enacting those provisions would have no significant effect on 
direct spending.
    Finally, S. 593 would limit the federal government's 
liability for certain incidents that occur on target ranges 
that are either constructed with Pittman-Robertson funds or 
located on federal lands. Previous federal payments resulting 
from such lawsuits have been minimal; on that basis, CBO 
estimates that enacting this provision would reduce direct 
spending by an insignificant amount over the 2019-2028 period.
    Because enacting S. 593 could affect direct spending, pay-
as-you-go procedures apply. Enacting S. 593 would not affect 
revenues.
    CBO estimates that enacting S. 593 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    S. 593 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA).
    S. 593 would impose a private-sector mandate as defined in 
UMRA by eliminating an individual's existing right to seek 
compensation from the federal government for damages occurring 
at a public target range supported by federal funds. The cost 
of the mandate would be the forgone value of awards and 
settlements in such claims. Information from the Department of 
the Interior indicates that few, if any, of those types of 
lawsuits are brought against the U.S. government. Because such 
claims would probably be uncommon in the future, CBO estimates 
that the cost of the mandate would be small and fall well below 
the annual threshold established in UMRA for private-sector 
mandates ($160 million in 2018 adjusted annually for 
inflation).
    On May 11, 2018, CBO transmitted a cost estimate of H.R. 
788, the Target Practice and Marksmanship Training Support Act, 
as ordered reported by the House Committee on Natural Resources 
on April 18, 2018. The two pieces of legislation are similar, 
and CBO's estimates of their budgetary effects are the same.
    The CBO staff contacts for this estimate are Janani 
Shankaran (for federal costs) and Zachary Byrum (for mandates). 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

           ADDITIONAL VIEWS OF SENATORS CARPER AND VAN HOLLEN

    On October 5, 2017, the Committee conducted a business 
meeting to consider S. 1514, which included, among its 
provisions, a slightly different version of S. 593. The 
Committee ordered the bill to be reported favorably by a vote 
of 14 to 7.
    Ideally, the Committee would have considered and discussed 
those differences in a hearing. The stakeholder organizations 
that support the intended policy outcome support both versions, 
but the Committee may need to better reconcile these 
differences now that both versions have advanced to the full 
Senate.

                                   Tom Carper.
                                   Chris Van Hollen.
                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT

           *       *       *       *       *       *       *



SEC. 2. [16 U.S.C. 669A] DEFINITIONS.

     As used in this Act--
          (1) * * *

           *       *       *       *       *       *       *

          (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;
         [(2)] (3) the term ``Secretary'' means the Secretary 
        of the Interior;
         [(3)] (4) the term ``State fish and game department'' 
        or ``State fish and wildlife department'' means any 
        department or division of department of another name, 
        or commission, or official or officials, of a State 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
         [(4)] (5) the term ``wildlife'' means any species of 
        wild, free-ranging fauna including fish, and also fauna 
        in captive breeding programs the object of which is to 
        reintroduce individuals of a depleted indigenous 
        species into previously occupied range;
         [(5)] (6) the term ``wildlife-associated recreation'' 
        means projects intended to meet the demand for outdoor 
        activities associated with wildlife including, but not 
        limited to, hunting and fishing, wildlife observation 
        and photography, such projects as construction or 
        restoration of wildlife viewing areas, observation 
        towers, blinds, platforms, land and water trails, water 
        access, field trialing, trail heads, and access for 
        such projects;
         [(6)] (7) the term ``wildlife conservation and 
        restoration program'' means a program developed by a 
        State fish and wildlife department and approved by the 
        Secretary under section 304(d), the projects that 
        constitute such a program, which may be implemented in 
        whole or part through grants and contracts by a State 
        to other State, Federal, or local agencies (including 
        those that gather, evaluate, and disseminate 
        information on wildlife and their habitats), wildlife 
        conservation organizations, and outdoor recreation and 
        conservation education entities from funds apportioned 
        under this title, and maintenance of such projects;
         [(7)] (8) the term ``wildlife conservation education'' 
        means projects, including public outreach, intended to 
        foster responsible natural resource stewardship; and
         [(8)] (9) the term ``wildlife-restoration project'' 
        includes the wildlife conservation and restoration 
        program and means the selection, restoration, 
        rehabilitation, and improvement of areas of land or 
        water adaptable as feeding, resting, or breeding places 
        for wildlife, including acquisition of such areas or 
        estates or interests therein as are suitable or capable 
        of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to 
        make them available for such purposes and also 
        including such research into problems of wildlife 
        management as may be necessary to efficient 
        administration affecting wildlife resources, and such 
        preliminary or incidental costs and expenses as may be 
        incurred in and about such projects.

           *       *       *       *       *       *       *

    Sec. 8. [16U.S.C. 669g] (a) *  *  *

           *       *       *       *       *       *       *

    [(b) Each State]
    (b) Expenditures for Management of Wildlife Areas and 
Resources.--
         (1) In general.--Except as provided in paragraph (2), 
        each State may use the funds apportioned to it under 
        section 4(c) pay up to 75 per centum of the costs of a 
        hunter safety program and the [construction, 
        operation,] operation and maintenance of public target 
        ranges, as a part of such program. [The non-Federal 
        share]
         (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.
         (3) Non-federal share.--The non-Federal share of such 
        costs may be derived from license fees paid by hunters, 
        but not from other Federal grant programs. [The 
        Secretary]
         (4) Regulations.--The Secretary shall issue not later 
        than the 120th day after the effective date of this 
        subsection such regulations as he deems advisable 
        relative to the criteria for the establishment of 
        hunter safety programs and public target ranges under 
        this subsection.

           *       *       *       *       *       *       *


SEC. 10. [16 U.S.C. 669H-1] FIREARM AND BOW HUNTER EDUCATION AND SAFETY 
                    PROGRAM GRANTS.

    (a) In General.--
         (1) Grants.-- * * *

           *       *       *       *       *       *       *

         (3) Allocation of additional amounts.--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.
    [(b) Cost Sharing.--The Federal share of the cost of any 
activity carried out with a grant under this section shall not 
exceed 75 percent of the total cost of the activity.]
    (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.

           *       *       *       *       *       *       *

    (c) Period of Availability; Reapportionment.--
         (1) Period of availability.--[Amounts made]
                  (A) In general.--Except as provided in 
                subparagraph (B), amounts made available and 
                apportioned for grants under this section shall 
                remain available only for the fiscal year for 
                which the amounts are apportioned.
                  (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.

           *       *       *       *       *       *       *


                                  [all]