Recreational Fishing and Hunting Heritage and Opportunities Act - Requires federal public land management officials to exercise their authority under existing law, including provisions regarding land use planning, to facilitate the use of, and access to, federal public lands and waters for fishing, sport hunting, and recreational shooting, except as limited by: (1) statutory authority that authorizes or withholds action for reasons of national security, public safety, or resource conservation; (2) any other federal statute that specifically precludes recreational fishing, hunting, or shooting on specific federal public lands or waters; and (3) discretionary limitations on recreational fishing, hunting, and shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process.
Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates recreational fishing, hunting, and shooting opportunities, to the extent authorized under applicable federal and state law.
Requires public land planning documents to include specific evaluations of the effects of such planning documents on opportunities to engage in recreational fishing, hunting, or shooting.
Prohibits actions taken under this Act, other than certain actions regarding rights-of-way, easements, or reservations within the National Wildlife Refuge System or enforcement actions concerning the System under the National Wildlife Refuge System Administration Act of 1966, from being considered to be a major federal action significantly affecting the quality of the human environment.
Prohibits federal public land management officials from being required to consider the existence or availability of recreational fishing, hunting, or shooting opportunities on adjacent or nearby public or private lands in the planning for, or determination of, which federal public lands are open for such activities or in the setting of levels of use for such activities, unless the combination or coordination of such opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public.
Sets forth provisions concerning the use of volunteers in culling or managing wildlife populations on public land if hunting is prohibited on such land.
Requires Bureau of Land Management (BLM) and Forest Service lands, excluding lands on the Outer Continental Shelf, to be open to recreational fishing, hunting, and shooting unless the managing agency acts to close such lands to such activity for purposes of resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection or private property rights or interests, national security, or compliance with other law.
Requires the heads of federal agencies to use their authorities consistently with this Act to: (1) lease their lands or permit use of their lands for shooting ranges, and (2) designate specific lands for recreational shooting activities. Prohibits such designation from subjecting the United States to any civil action or claim for damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated land.
Declares that the provision of opportunities for hunting, fishing, recreational shooting, and the conservation of fish and wildlife to provide sustainable use recreational opportunities on designated wilderness areas on federal public lands constitutes the measures necessary to meet the minimum requirements for the administration of such areas.
Provides that any requirements imposed by the Wilderness Act shall be implemented only insofar as they do not prevent federal public land management officials and state fish and wildlife officials from carrying out and facilitating the original or primary purposes for which the federal public lands or federal public land unit was established.
Requires biennial reports on closures of federal public lands to recreational fishing, sport hunting, or shooting. Sets forth requirements for a permanent or temporary withdrawal, change of classification, or change of management status that effectively closes or significantly restricts 640 or more contiguous acres of federal public lands for fishing or hunting or related activities. Treats separate withdrawals or changes, the aggregate or cumulative effect of which effectively closes or significantly restricts 1280 or more acres of land or water, as a single withdrawal or change for purposes of such requirements.
Provides that nothing in this Act prohibits a federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes authorized by law. Requires such an emergency closure to terminate after a reasonable period unless converted to a permanent closure consistent with this Act.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2834 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2834
To recognize the heritage of recreational fishing, hunting, and
shooting on Federal public lands and ensure continued opportunities for
these activities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 2, 2011
Mr. Benishek (for himself, Mr. Boren, Mr. Young of Alaska, and Mr.
Kelly) introduced the following bill
September 6, 2011
Referred to the Committee on Natural Resources, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To recognize the heritage of recreational fishing, hunting, and
shooting on Federal public lands and ensure continued opportunities for
these activities.
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 ``Recreational Fishing and Hunting
Heritage and Opportunities Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) recreational fishing and hunting are important and
traditional activities in which millions of Americans
participate;
(2) recreational anglers and hunters have been and continue
to be among the foremost supporters of sound fish and wildlife
management and conservation in the United States;
(3) recreational fishing and hunting are environmentally
acceptable and beneficial activities that occur and can be
provided on Federal public lands and waters without adverse
effects on other uses or users;
(4) recreational anglers, hunters, and sporting
organizations provide direct assistance to fish and wildlife
managers and enforcement officers of the Federal Government as
well as State and local governments by investing volunteer time
and effort to fish and wildlife conservation;
(5) recreational anglers, hunters, and the associated
industries have generated billions of dollars of critical
funding for fish and wildlife conservation, research, and
management by providing revenues from purchases of fishing and
hunting licenses, permits, and stamps, as well as excise taxes
on fishing, hunting, and shooting equipment that have generated
billions of dollars of critical funding for fish and wildlife
conservation, research, and management;
(6) recreational shooting is also an important and
traditional activity in which millions of Americans
participate, safe recreational shooting is a valid use of
Federal public lands, and participation in recreational
shooting helps recruit and retain hunters and contributes to
wildlife conservation;
(7) opportunities to recreationally fish, hunt, and shoot
are declining, which depresses participation in these
traditional activities, and depressed participation adversely
impacts fish and wildlife conservation and funding for
important conservation efforts; and
(8) the public interest would be served, and our citizens'
fish and wildlife resources benefitted, by action to ensure
that opportunities are facilitated to engage in fishing and
hunting on Federal public land as recognized by Executive Order
12962, relating to recreational fisheries, and Executive Order
13443, relating to facilitation of hunting heritage and
wildlife conservation.
SEC. 3. DEFINITION.
In this Act:
(1) Federal public land.--
(A) In general.--Except as provided in subparagraph
(B), the term ``Federal public land'' means any land or
water that is--
(i) owned by the United States; and
(ii) managed by a Federal agency (including
the Department of the Interior and the Forest
Service) for purposes that include the
conservation of natural resources.
(B) Exclusion.--The term ``Federal public land''
does not include any land or water held in trust for
the benefit of Indians or other Native Americans.
(2) Hunting.--
(A) In general.--Except as provided in subparagraph
(B), the term ``hunting'' means use of a firearm, bow,
or other authorized means in the lawful--
(i) pursuit, shooting, capture, collection,
trapping, or killing of wildlife; or
(ii) attempt to pursue, shoot, capture,
collect, trap, or kill wildlife.
(B) Exclusion.--The term ``hunting'' does not
include the use of skilled volunteers to cull excess
animals (as defined by other Federal law, including
laws applicable to the National Park System).
(3) Recreational fishing.--The term ``recreational
fishing'' means the lawful--
(A) pursuit, capture, collection, or killing of
fish; or
(B) attempt to capture, collect, or kill fish.
(4) Recreational shooting.--The term ``recreational
shooting'' means any form of sport, training, competition, or
pastime, whether formal or informal, that involves the
discharge of a rifle, handgun, or shotgun, or the use of a bow
and arrow.
SEC. 4. RECREATIONAL FISHING, HUNTING, AND SHOOTING.
(a) In General.--Subject to valid existing rights and subsection
(g), and cooperation with the respective State and fish and wildlife
agency, Federal public land management officials shall exercise their
authority under existing law, including provisions regarding land use
planning, to facilitate use of and access to Federal public lands and
waters for fishing, sport hunting, and recreational shooting except as
limited by--
(1) statutory authority that authorizes action or
withholding action for reasons of national security, public
safety, or resource conservation;
(2) any other Federal statute that specifically precludes
recreational fishing, hunting, or shooting on specific Federal
public lands, waters, or units thereof; and
(3) discretionary limitations on recreational fishing,
hunting, and shooting determined to be necessary and reasonable
as supported by the best scientific evidence and advanced
through a transparent public process.
(b) Management.--Consistent with subsection (a), the head of each
Federal public land management agency shall exercise its land
management discretion--
(1) in a manner that supports and facilitates recreational
fishing, hunting, and shooting opportunities;
(2) to the extent authorized under applicable State law;
and
(3) in accordance with applicable Federal law.
(c) Planning.--
(1) Effects of plans and activities.--
(A) Evaluation of effects on opportunities to
engage in recreational fishing, hunting, or shooting.--
Federal public land planning documents, including land
resources management plans, resource management plans,
travel management plans, general management plans, and
comprehensive conservation plans, shall include a
specific evaluation of the effects of such plans on
opportunities to engage in recreational fishing,
hunting, or shooting.
(B) Not major federal action.--No action taken
under this Act, or under section 4 of the National
Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd), either individually or cumulatively with
other actions involving Federal public lands, shall be
considered to be a major Federal action significantly
affecting the quality of the human environment, and no
additional identification, analysis, or consideration
of environmental effects, including cumulative effects,
is necessary or required.
(C) Other activity not considered.--The fact that
recreational fishing, hunting, or shooting occurs on
adjacent or nearby public or private lands shall not be
considered in determining which Federal public lands
are open for these activities or for setting levels of
use for these activities.
(2) Use of volunteers.--If hunting is prohibited by law,
all Federal public land planning documents of listed in
paragraph (1)(A) of an agency shall, after appropriate
coordination with State fish and wildlife agency, allow the
participation of skilled volunteers in the culling and other
management of wildlife populations on Federal public lands
unless the head of the agency demonstrates, based on the best
scientific data available or applicable Federal statutes, why
skilled volunteers shall not be used to control overpopulations
of wildlife on the land that is the subject of the planning
documents.
(d) Bureau of Land Management and Forest Service Lands.--
(1) Lands open.--Lands under the jurisdiction of the Bureau
of Land Management and the Forest Service, including lands
designated as wilderness or administratively classified as
wilderness eligible or suitable and primitive or semi-primitive
areas but excluding lands on the Outer Continental Shelf, shall
be open to recreational fishing, hunting, and shooting unless
the managing Federal agency acts to close lands to such
activity. Lands may be subject to closures or restrictions if
determined by the head of the agency to be necessary and
reasonable and supported by facts and evidence, for purposes
including resource conservation, public safety, energy or
mineral production, energy generation or transmission
infrastructure, water supply facilities, protection of other
permittees, protection of private property rights or interests,
national security, or compliance with other law. The head of
the agency shall publish public notice of such closure or
restriction before it is effective, unless the closure or
restriction is mandated by other law.
(2) Shooting ranges.--
(A) In general.--The head of each Federal agency--
(i) may lease its lands for shooting
ranges; and
(ii) may designate specific lands for
recreational shooting activities.
(B) Limitation on liability.--Any designation under
subparagraph (A)(ii) shall not subject the United
States to any civil action or claim for monetary
damages for injury or loss of property or personal
injury or death caused by any activity occurring at or
on such designated lands.
(e) Necessity in Wilderness Areas.--
(1) The provision of opportunities for hunting, fishing and
recreational shooting, and the conservation of fish and
wildlife to provide sustainable use recreational opportunities
on designated wilderness areas on Federal public lands shall
constitute measures necessary to meet the minimum requirements
for the administration of the wilderness area.
(2) The ``within and supplemental to'' Wilderness purposes,
as provided in Public Law 88-577, section 4(c), means that any
requirements imposed by that Act shall be implemented only
insofar as they facilitate or enhance the original or primary
purpose or purposes for which the Federal public lands or
Federal public land unit was established and do not materially
interfere with or hinder such purpose or purposes.
(f) Annual Report.--
(1) In general.--Not later than October 1 of each year, the
head of each Federal agency who has authority to manage Federal
public land on which fishing, hunting, or recreational shooting
occurs shall publish in the Federal Register and submit to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
a report that describes--
(A) any Federal public land administered by the
agency head that was closed to recreational fishing,
sport hunting, or shooting at any time during the
preceding year; and
(B) the reason for the closure.
(2) Closures or significant restrictions of 640 or more
acres.--
(A) In general.--Other than closures under
subsection (c), the withdrawal, any change of
classification, or any change of management status that
effectively closes or significantly restricts 640 or
more contiguous acres of Federal public land or water
to access or use for fishing or hunting or activities
related to fishing and hunting (or both) shall take
effect only if, before the date of withdrawal or
change, the head of the Federal agency that has
jurisdiction over the Federal public land or water--
(i) publishes notice of the closure,
withdrawal, or significant restriction;
(ii) demonstrates that coordination has
occurred with a State fish and wildlife agency;
and
(iii) submits to the Committee on Natural
Resources of the House of Representatives and
the Committee on Energy and Natural Resources
of the Senate written notice of the withdrawal,
change, or significant restriction.
(B) Aggregate or cumulative effects.--If the
aggregate or cumulative effect of small closures or
significant restrictions affects 640 or more acres,
such small closures or significant restrictions shall
be subject to these requirements.
(g) Areas Not Affected.--Nothing in this Act requires the opening
of national park or national monuments under the jurisdiction of the
National Park Service to hunting or recreational shooting.
(h) No Priority.--Nothing in this Act requires a Federal agency to
give preference to recreational fishing, hunting, or shooting over
other uses of Federal public land or over land or water management
priorities established by Federal law.
(i) Consultation With Councils.--In fulfilling the duties set forth
in this Act, the heads of Federal agencies shall consult with
respective advisory councils as established in Executive Orders 12962
and 13443.
(j) Authority of the States.--
(1) In general.--Nothing in this Act shall be construed as
interfering with, diminishing, or conflicting with the
authority, jurisdiction, or responsibility of any State to
manage, control, or regulate fish and wildlife under State law
(including regulations) on land or water within the State,
including on Federal public land.
(2) Federal licenses.--Nothing in this Act authorizes the
head of a Federal agency head to require a license or permit to
fish, hunt, or trap on land or water in a State, including on
Federal public land in the States, except that this paragraph
shall not affect the Migratory Bird Stamp requirement set forth
in the Migratory Bird Hunting and Conservation Stamp Act (16
U.S.C. 718 et seq.).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Subcommittee Hearings Held.
Referred to the Subcommittee on Conservation, Energy, and Forestry.
Subcommittee on National Parks, Forests and Public Lands Discharged.
Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs Discharged.
Committee Consideration and Mark-up Session Held.
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Ordered to be Reported (Amended) by the Yeas and Nays: 29 - 14.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-609, Part I.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-609, Part I.
Committee on Agriculture discharged.
Committee on Agriculture discharged.
Placed on the Union Calendar, Calendar No. 442.