[Senate Report 116-8]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 18
116th Congress     }                                      {     Report
                                 SENATE
 1st Session       }                                      {      116-8

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



 
         TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT

                                _______
                                

                 March 14, 2019.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                          [To accompany S. 94]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 94) 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. 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

    On January 10, 2019, Senator Capito introduced S. 94, the 
Target Practice and Marksmanship Training Support Act, with 
Senators Bennett, Boozman, Crapo, Ernst, King, Manchin, Risch, 
Rounds, and Sullivan as original cosponsors. The bill was 
referred to the Committee on Environment and Public Works. 
Senators Cassidy, Cornyn, and Heinrich subsequently cosponsored 
the bill.
    The text of S. 94 is substantially similar to the text of 
S. 593, the Target Practice and Marksmanship Training Support 
Act. Senator Capito introduced S. 593 on March 9, 2017. 
Senators Bennet, Boozman, and Heitkamp were original 
cosponsors. Senators Baldwin, Cassidy, Crapo, Ernst, Flake, 
Hatch, Heinrich, King, Manchin, Risch, Rounds, Strange, 
Sullivan, and Tester were cosponsors. The EPW Committee 
reported S.593 without amendment by voice vote on September 18, 
2018.
    The text of S. 94 is also substantially similar to the text 
of section 2 of S. 1514, the Hunting Heritage and Environmental 
Legacy Preservation (HELP) for Wildlife Act. Senator Barrasso 
introduced S. 1514 on June 29, 2017. Senators Baldwin, Boozman, 
Capito, Cardin, and Klobuchar were original cosponsors. 
Senators Crapo, Enzi, Inhofe, Johnson, Kennedy, and King were 
cosponsors. The EPW Committee held a hearing on S. 1514 on July 
19, 2017. The EPW Committee reported S. 1514 with an amendment 
in the nature of a substitute by a roll call vote of 14 ayes to 
7 nays on July 26, 2017.

                                Hearings

    A legislative hearing was not held on S. 94. As explained 
above, a legislative hearing was held on S. 1514 on July 19, 
2017 during the 115th Congress.

                             Rollcall Votes

    On February 5, 2019, the Committee on Environment and 
Public Works met to consider S. 94. The EPW Committee reported 
S. 94 without amendment by voice vote. No roll call votes were 
taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill 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 finds that S. 94 would impose 
no Federal intergovernmental unfunded mandates on State, local, 
or tribal governments.
    S. 94 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA). The bill contains no 
new private-sector mandates as defined in UMRA.

                          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. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 28, 2019.
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. 94, 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 David Hughes.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    S. 94 would allow states to use grants awarded under the 
Pittman-Robertson Wildlife Restoration Act to pay up to 90 
percent of the cost of land acquisition, construction, or 
expansion of public target ranges. Under current law, federal 
excise taxes collected on pistols, revolvers, ammunition, bows, 
arrows, and archery accessories are provided to states through 
grants for purposes that include the construction, operation, 
and maintenance of public target ranges. Currently states may 
use those grants to cover up to 75 percent of such costs.
    The bill also would allow states to retain Pittman-
Robertson funds for up to five years to acquire, construct, or 
expand target ranges. After five years, those funds would be 
available to the Secretary of the Interior for other purposes. 
Under current law, any such funds are made available to the 
Secretary for other purposes after two years.
    Enacting S. 94 would not affect the total amount of funds 
available to be spent but might have a minor effect on the 
timing of when those funds are spent. On that basis, CBO 
estimates that enacting the bill would have no significant 
effect on direct spending.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                        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. [16 U.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]