(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Recreational Fishing and Hunting Heritage and Opportunities Act - Requires federal public land management officials to facilitate the use of, and access to, federal public lands, including National Monuments, Wilderness Areas, Wilderness Study Areas, or lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas, 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 their effects on opportunities to engage in recreational fishing, hunting, or shooting.
Prohibits any action taken under this Act or concerning the National Wildlife Refuge 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. Declares that no additional identification, analysis, or consideration of environmental effects, including cumulative effects, is necessary or required.
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.
Requires Bureau of Land Management (BLM) and Forest Service lands, except those on the Outer Continental Shelf, to be open to recreational fishing, hunting, and shooting unless the managing agency acts to close them 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 of private property rights or interest, national security, or compliance with other law.
Requires the heads of federal agencies to use their authorities consistently with this Act to: (1) lease 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 federal wilderness areas constitutes the measures necessary to meet the minimum requirements for the administration of such areas. Denies, however, that this determination authorizes or facilitates commodity development, use, or extraction, motorized recreational access or use that is not otherwise allowed under the Wilderness Act, or permanent road construction or maintenance within designated wilderness areas.
Reaffirms provisions of the Wilderness Act stipulating that wilderness purposes are "within and supplemental to" the purposes of the underlying federal land unit. Requires the heads of federal agencies, when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities on designated wilderness areas, to implement those supplemental purposes so as to facilitate and/or enhance, but not to impede, the underlying federal land purposes. Declares that such implementation shall not authorize or facilitate commodity development, use or extraction, or permanent road construction or use within those areas.
Requires biennial reports on federal public lands closed to recreational fishing, sport hunting, or shooting.
Sets forth requirements for any 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.
States 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 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1825 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1825
To direct Federal public land management officials to exercise their
authority under existing law to facilitate use of and access to Federal
public lands for fishing, sport hunting, and recreational shooting, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 3, 2013
Mr. Benishek (for himself, Mr. Amodei, Mr. Gosar, Mr. Young of Alaska,
Mr. Buchanan, Mr. Simpson, Ms. Jenkins, Mr. Hanna, Mr. Daines, and Mr.
Hudson) introduced the following bill; which was 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 direct Federal public land management officials to exercise their
authority under existing law to facilitate use of and access to Federal
public lands for fishing, sport hunting, and recreational shooting, and
for other purposes.
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, including the establishment of safe and
convenient shooting ranges on such 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
No. 12962, relating to recreational fisheries, and Executive
Order No. 13443, relating to facilitation of hunting heritage
and wildlife conservation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal public land.--The term ``Federal public land''
means any land or water that is owned and managed by the Bureau
of Land Management or the Forest Service.
(2) Federal public land management officials.--The term
``Federal public land management officials'' means--
(A) the Secretary of the Interior and Director of
Bureau of Land Management regarding Bureau of Land
Management lands and waters; and
(B) the Secretary of Agriculture and Chief of the
Forest Service regarding the National Forest System.
(3) 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;
(ii) attempt to pursue, shoot, capture,
collect, trap, or kill wildlife; or
(iii) the training of hunting dogs,
including field trials.
(B) Exclusion.--The term ``hunting'' does not
include the use of skilled volunteers to cull excess
animals (as defined by other Federal law).
(4) 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.
(5) 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 fish and wildlife
agency, Federal public land management officials shall exercise
authority under existing law, including provisions regarding land use
planning, to facilitate use of and access to Federal public lands,
including National Monuments, Wilderness Areas, Wilderness Study Areas,
and lands administratively classified as wilderness eligible or
suitable and primitive or semi-primitive areas, 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) 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, 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.
(2) No 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 or lands managed by the United States Fish
and Wildlife Service, 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.
(3) Other activity not considered.--Federal public land
management officials are not 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 these activities or in the setting of levels of
use for these activities on Federal public lands, unless the
combination or coordination of such opportunities would enhance
the recreational fishing, hunting, or shooting opportunities
available to the public.
(d) Federal Public Lands.--
(1) Lands open.--Lands under the jurisdiction of the Bureau
of Land Management and the Forest Service, including Wilderness
Areas, Wilderness Study Areas, lands designated as wilderness
or administratively classified as wilderness eligible or
suitable and primitive or semi-primitive areas and National
Monuments, 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 interest,
national security, or compliance with other law.
(2) Shooting ranges.--
(A) In general.--The head of each Federal agency
shall use his or her authorities in a manner consistent
with this Act and other applicable law, to--
(i) lease or permit use of lands under the
jurisdiction of the agency for shooting ranges;
and
(ii) designate specific lands under the
jurisdiction of the agency 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 and ``Within and Supplemental
to'' Wilderness Purposes.--
(1) Minimum requirements for administration.--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
Federal wilderness areas shall constitute measures necessary to
meet the minimum requirements for the administration of the
wilderness area, provided that this determination shall not
authorize or facilitate commodity development, use, or
extraction, motorized recreational access or use that is not
otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et
seq.), or permanent road construction or maintenance within
designated wilderness areas.
(2) Application of wilderness act.--Provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that
wilderness purposes are ``within and supplemental to'' the
purposes of the underlying Federal land unit are reaffirmed.
When seeking to carry out fish and wildlife conservation
programs and projects or provide fish and wildlife dependent
recreation opportunities on designated wilderness areas, the
head of each Federal agency shall implement these supplemental
purposes so as to facilitate, enhance, or both, but not to
impede the underlying Federal land purposes when seeking to
carry out fish and wildlife conservation programs and projects
or provide fish and wildlife dependent recreation opportunities
in designated wilderness areas, provided that such
implementation shall not authorize or facilitate commodity
development, use or extraction, or permanent road construction
or use within designated wilderness areas.
(f) Report.--Beginning on the second October 1 after the date of
the enactment of this Act and biennially on October 1 thereafter, the
head of each Federal agency who has authority to manage Federal public
land on which fishing, hunting, or recreational shooting occurs shall
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--
(1) 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
(2) the reason for the closure.
(g) Closures or Significant Restrictions of 640 or More Acres.--
(1) In general.--Other than closures established or
prescribed by land planning actions referred to in subsection
(d) or emergency closures described in paragraph (3) of this
subsection, a permanent or temporary withdrawal, change of
classification, or change of management status of Federal
public land that effectively closes or significantly restricts
640 or more contiguous acres of Federal public land to access
or use for fishing or hunting or activities related to fishing,
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--
(A) publishes appropriate notice of the withdrawal
or change, respectively;
(B) demonstrates that coordination has occurred
with a State fish and wildlife agency; and
(C) 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 or change, respectively.
(2) Aggregate or cumulative effects.--If the aggregate or
cumulative effect of separate withdrawals or changes
effectively closes or significantly restricts 1,280 or more
acres of land or water, such withdrawals and changes shall be
treated as a single withdrawal or change for purposes of
paragraph (1).
(3) Emergency closures.--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. Such an emergency closure shall terminate after a
reasonable period of time unless converted to a permanent
closure consistent with this Act.
(h) National Park Service Units Not Affected.--Nothing in this Act
shall affect or modify management or use of units of the National Park
System.
(i) No Priority.--Nothing in this Act requires a Federal land
management 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.
(j) 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 Order Nos.
12962 and 13443.
(k) 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
exercise primary management, control, or regulation of 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 shall be
construed to authorize the head of a Federal agency head to
require a license, fee, 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 Public Lands and Environmental Regulation.
Subcommittee Hearings Held.
Referred to the Subcommittee on Conservation, Energy, and Forestry.
Subcommittee on Public Lands and Environmental Regulation 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 by the Yeas and Nays: 28 - 15.
Reported by the Committee on Natural Resources. H. Rept. 113-337, Part I.
Reported by the Committee on Natural Resources. H. Rept. 113-337, Part I.
Committee on Agriculture discharged.
Committee on Agriculture discharged.
Placed on the Union Calendar, Calendar No. 250.