[House Report 112-426]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-426
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
SPORTSMEN'S HERITAGE ACT OF 2012
_______
April 13, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural
Resources, submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4089]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4089) to protect and enhance opportunities for
recreational hunting, fishing and shooting, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Sportsmen's Heritage
Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definition.
Sec. 104. Recreational fishing, hunting, and shooting.
TITLE II--RECREATIONAL SHOOTING PROTECTION
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Recreational shooting.
TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS
Sec. 301. Short title.
Sec. 302. Permits for importation of polar bear trophies taken in sport
hunts in Canada.
TITLE IV--HUNTING, FISHING, AND RECREATIONAL SHOOTING PROTECTION
Sec. 401. Short title.
Sec. 402. Modification of definition.
TITLE I--RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES
SEC. 101. SHORT TITLE.
This title may be cited as the ``Recreational Fishing and Hunting
Heritage and Opportunities Act''.
SEC. 102. 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. 103. DEFINITION.
In this title:
(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. 104. 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 title, 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 title 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 title 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 title, 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 title 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 title 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.).
TITLE II--RECREATIONAL SHOOTING PROTECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Recreational Shooting Protection
Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(2) National monument land.--The term ``National Monument
land'' has the meaning given that term in the Act of June 8,
1908 (commonly known as the ``Antiquities Act''; 16 U.S.C. 431
et seq.).
(3) Recreational shooting.--The term ``recreational
shooting'' includes 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. 203. RECREATIONAL SHOOTING.
(a) In General.--Subject to valid existing rights, National Monument
land under the jurisdiction of the Bureau of Land Management shall be
open to access and use for recreational shooting, except such closures
and restrictions determined by the Director to be necessary and
reasonable and supported by facts and evidence for one or more of the
following:
(1) Reasons of national security.
(2) Reasons of public safety.
(3) To comply with an applicable Federal statute.
(4) To comply with a law (including regulations) of the State
in which the National Monument land is located that is
applicable to recreational shooting.
(b) Notice; Report.--
(1) Requirement.--Except as set forth in paragraph (2)(B),
before a restriction or closure under subsection (a) is made
effective, the Director shall--
(A) publish public notice of such closure or
restriction in a newspaper of general circulation in
the area where the closure or restriction will be
carried out; and
(B) submit to Congress a report detailing the
location and extent of, and evidence justifying, such a
closure or restriction.
(2) Timing.--The Director shall issue the notice and report
required under paragraph (1)--
(A) before the closure if practicable without risking
national security or public safety; and
(B) in cases where such issuance is not practicable
for reasons of national security or public safety, not
later than 30 days after the closure.
(c) Cessation of Closure or Restriction.--A closure or restriction
under paragraph (1) or (2) of subsection (a) shall cease to be
effective--
(1) effective on the day after the last day of the six-month
period beginning on the date on which the Director submitted
the report to Congress under subsection (b)(2) regarding the
closure or restriction, unless the closure or restriction has
been approved by Federal law; and
(2) 30 days after the date of the enactment of a Federal law
disapproving the closure or restriction.
(d) Management.--Consistent with subsection (a), the Director shall
manage National Monument land under the jurisdiction of the Bureau of
Land Management--
(1) in a manner that supports, promotes, and enhances
recreational shooting opportunities;
(2) to the extent authorized under State law (including
regulations); and
(3) in accordance with applicable Federal law (including
regulations).
(e) Limitation on Duplicative Closures or Restrictions.--Unless
supported by criteria under subsection (a) as a result of a change in
circumstances, the Director may not issue a closure or restriction
under subsection (a) that is substantially similar to closure or
restriction previously issued that was not approved by Federal law.
(f) Effective Date for Prior Closures and Restrictions.--On the date
that is six months after the date of the enactment of this Act, this
title shall apply to closures and restrictions in place on the date of
the enactment of this title that relate to access and use for
recreational shooting on National Monument land under the jurisdiction
of the Bureau of Land Management.
(g) Annual Report.--Not later than October 1 of each year, the
Director 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 National Monument land under the jurisdiction of the
Bureau of Land Management that was closed to recreational
shooting or on which recreational shooting was restricted at
any time during the preceding year; and
(2) the reason for the closure.
(h) No Priority.--Nothing in this title requires the Director to give
preference to recreational shooting over other uses of Federal public
land or over land or water management priorities established by Federal
law.
(i) Authority of the States.--
(1) Savings.--Nothing in this title affects the authority,
jurisdiction, or responsibility of a State to manage, control,
or regulate fish and wildlife under State law (including
regulations) on land or water in the State, including Federal
public land.
(2) Federal licenses.--Nothing in this title authorizes the
Director to require a license for recreational shooting on land
or water in a State, including on Federal public land in the
State.
TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Polar Bear Conservation and Fairness
Act of 2012''.
SEC. 302. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT
HUNTS IN CANADA.
Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1374(c)(5)(D)) is amended to read as follows:
``(D)(i) The Secretary of the Interior shall, expeditiously
after the expiration of the applicable 30-day period under
subsection (d)(2), issue a permit for the importation of any
polar bear part (other than an internal organ) from a polar
bear taken in a sport hunt in Canada to any person--
``(I) who submits, with the permit application, proof
that the polar bear was legally harvested by the person
before February 18, 1997; or
``(II) who has submitted, in support of a permit
application submitted before May 15, 2008, proof that
the polar bear was legally harvested by the person
before May 15, 2008, from a polar bear population from
which a sport-hunted trophy could be imported before
that date in accordance with section 18.30(i) of title
50, Code of Federal Regulations.
``(ii) The Secretary shall issue permits under clause (i)(I)
without regard to subparagraphs (A) and (C)(ii) of this
paragraph, subsection (d)(3), and sections 101 and 102.
Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the
importation of any polar bear part authorized by a permit
issued under clause (i)(I). This clause shall not apply to
polar bear parts that were imported before June 12, 1997.
``(iii) The Secretary shall issue permits under clause
(i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B) and
102(b)(3) shall not apply to the importation of any polar bear
part authorized by a permit issued under clause (i)(II). This
clause shall not apply to polar bear parts that were imported
before the date of enactment of the Polar Bear Conservation and
Fairness Act of 2012.''.
TITLE IV--HUNTING, FISHING, AND RECREATIONAL SHOOTING PROTECTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Hunting, Fishing, and Recreational
Shooting Protection Act''.
SEC. 402. MODIFICATION OF DEFINITION.
Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C.
2602(2)(B)) is amended--
(1) in clause (v), by striking ``, and'' and inserting ``, or
any component of any such article including, without
limitation, shot, bullets and other projectiles, propellants,
and primers,'';
(2) in clause (vi) by striking the period at the end and
inserting ``, and''; and
(3) by inserting after clause (vi) the following:
``(vii) any sport fishing equipment (as such
term is defined in subsection (a) of section
4162 of the Internal Revenue Code of 1986) the
sale of which is subject to the tax imposed by
section 4161(a) of such Code (determined
without regard to any exemptions from such tax
as provided by section 4162 or 4221 or any
other provision of such Code), and sport
fishing equipment components.''.
Purpose of the Bill
The purpose of H.R. 4089, as ordered reported, is to
protect and enhance opportunities for recreational hunting,
fishing and shooting.
Background and Need for Legislation
The Sportsmen's Heritage Act of 2012 (H.R. 4089), clarifies
federal authorities and policies for the management of hunting
and fishing on public lands. It provides additional protections
for continued public access to public land for the purpose of
recreational fishing, hunting, and shooting sports on U.S.
Forest Service (FS) and Bureau of Land Management (BLM) lands
and allows the importation of certain trophies that were
legally obtained. The bill also protects the use of traditional
ammunition and fishing tackle from new Environmental Protection
Agency (EPA) regulation. H.R. 4089 is derived from four
separate bills that are among the hunting and fishing
community's highest legislative priorities.
The provisions of Title I of H.R. 4089 require federal land
managers to support and facilitate public use and access for
hunting, fishing and recreational shooting and create an ``open
until closed'' management regime for these activities on FS and
BLM land, but does not give these uses priority over other
multiple uses. It requires an evaluation of the impact on
hunting, fishing and recreational shooting into all land and
resource planning and eliminates redundancies in environmental
review of hunting, fishing and recreational shooting
opportunities. The bill restates, in unambiguous language,
Congress's consistent position that BLM and FS lands designated
as wilderness, wilderness eligible, or suitable and primitive
or semi-primitive areas, are open to all legal forms of
hunting, fishing and recreational shooting unless there are
good reasons to close such areas. The bill further forecloses
opportunities for continued nuisance lawsuits by classifying
hunting, fishing and recreational shooting as ``necessary'' to
meet the minimum requirements for the administration of
wilderness. Title I of the bill is derived from H.R. 2834, the
Recreational Fishing and Hunting Heritage and Opportunities
Act, sponsored by Dan Benishek (R-MI).
Title II of H. R. 4089 sets as a general policy for BLM
that national monument lands are open and accessible for
recreational shooting, and requires BLM to justify recreational
shooting closures or restrictions on national monument lands
for reasons of national security, public safety or to comply
with federal and state laws or regulations. It requires public
notice of such closures or restrictions and a report to
Congress detailing the location and evidence justifying the
closure or restriction before any such restriction or closure
occurs. Title II is the text of H.R. 3440, the Recreational
Shooting Protection Act, sponsored by Jeff Flake (R-AZ).
Title III of the bill consists of the text of H.R. 991, the
Polar Bear Conservation and Fairness Act of 2011, sponsored by
Don Young (R-AK). For additional information about this bill,
please see House Report 112-308.
Finally, Title IV of the bill also protects the use of
traditional ammunition and fishing tackle by reiterating and
clarifying existing law to clearly limit EPA's authority under
the Toxic Substances Control Act (TSCA). It amends the TSCA to
allow for the sale of traditional ammunition and fishing tackle
that is subject to federal excise tax. Title IV of the bill is
the text of H.R. 1558, sponsored by Congressman Jeff Miller (R-
FL).
Committee Action
H.R. 4089 was introduced on February 27, 2012, by
Congressman Jeff Miller (R-FL). The bill was referred to the
Committee on Natural Resources, and in addition to the
Committee on Agriculture and the Committee on Energy and
Commerce. On September 9, 2011, the Subcommittee on National
Parks, Forests and Public Lands held a hearing on H.R. 2834,
the Recreational Fishing and Hunting Heritage and Opportunities
Act, sponsored by Dan Benishek (R-MI), which is Title I of H.R.
4089. On January 24, 2012, the Subcommittee on National Parks,
Forests and Public Lands held a hearing on H.R. 3440, the
Recreational Shooting Protection Act, sponsored by Jeff Flake
(R-AZ), which is Title II of H.R. 4089. On May 12, 2011, the
Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs
held a hearing on H.R. 991, the Polar Bear Conservation and
Fairness Act of 2011, sponsored by Don Young (R-AK), which is
Title III of H.R. 4089. Title IV of the bill is the text of
H.R. 1558, sponsored by Congressman Jeff Miller. On February
29, 2012, the Full Natural Resources Committee met to consider
the bill. Congressman Rob Bishop (R-UT) offered amendment
designated #1 to the bill; the amendment was approved by voice
vote. Congressman Raul Grijalva (D-AZ) offered amendment
designated .052 to the bill; the amendment was not adopted by a
bipartisan roll call vote of 17 to 24, as follows:
Congressman Raul Grijalva (D-AZ) offered amendment
designated .053 to the bill; the amendment was not adopted by a
bipartisan roll call vote of 16 to 26, as follows:
The bill, as amended, was then adopted and ordered
favorably reported to the House of Representatives by a
bipartisan roll call vote of 27 to 16, as follows:
Section-by-Section Analysis
Title I. Recreational Fishing and Hunting Heritage and Opportunities
Act.
Title I is derived from the Recreational Fishing and
Hunting Heritage Opportunities Act (H.R. 2834). It requires
federal land managers to support and facilitate use and access
for hunting, fishing and recreational shooting and creates an
``open until closed'' management regime for these activities,
but does not give these uses priority over other multiple uses
on Forest Service and Bureau of Land Management (BLM) land. It
requires an evaluation of the impact on hunting, fishing and
recreational shooting in all land and resource planning and
eliminates redundancies in environmental review of hunting,
fishing and recreational shooting opportunities. It protects
hunting rights in Wilderness areas from nuisance by finding
recreational shooting as ``necessary'' to meet the minimum
requirements for the administration of wilderness. In doing so,
however, it does not open wilderness areas to motorized travel
or commercial extractive industry.
Title II. Recreational Shooting Protection Act.
Title II is derived from the Recreational Shooting
Protection Act (H.R. 3440). It ensures that National Monument
land under the jurisdiction of the Bureau of Land Management
(BLM) will remain open to access and use for recreational
shooting (consistent with State law) and any closures or
restrictions that are deemed necessary must be supported by
facts and evidence for reasons of national security, public
safety or to comply with an applicable federal statute.
Furthermore, before any restriction or closure occurs, BLM must
publish public notice of such closure or restriction in the
local newspaper and submit a report to Congress detailing the
location and evidence justifying the closure or restriction. If
a closure or restriction is issued by BLM, it will require
Congressional approval or cease to be effective six months
after the report to Congress or 30 days following a resolution
of disapproval. BLM would also be prohibited from issuing a
closure or restriction that is substantially similar to one
previously issued that was not approved by federal law.
Title III. Polar Bear Conservation and Fairness Act of 2012.
Title III is derived from the Polar Bear Conservation and
Fairness Act of 2011 (H.R. 991) that amends the Marine Mammal
Protection Act of 1972 to direct the Secretary of the Interior
to issue a permit for the importation of polar bear parts taken
in a sport hunt in Canada, if legally done before: (1) February
18, 1997; or (2) May 15, 2008, from a bear population from
which a sport-hunted trophy could be imported before such date.
For additional information, see House Report 112-308.
Title IV. Hunting, Fishing, and Recreational Shooting Protection Act.
Title IV is derived from the Hunting, Fishing, and
Recreational Shooting Protection Act (H.R. 1558) that amends
the Toxic Substances Control Act (TSCA) to exclude from the
definition of ``chemical substance'' for purposes of such Act:
(1) any component of any pistol, revolver, firearm, shell, or
cartridge the sale of which is subject to federal excise tax,
including shot, bullets and other projectiles, propellants, and
primers; and (2) any sport fishing equipment or components the
sale of which is subject to federal excise tax on sport fishing
equipment.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance with House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
H.R. 4089--Sportsmen's Heritage Act of 2012
Summary: H.R. 4089 would require federal land management
agencies to provide access to certain federal lands for
hunting, fishing, and recreational shooting. The bill also
would allow hunters to import certain polar bear remains. Based
on information provided by the affected agencies, CBO estimates
that implementing the legislation would cost $12 million over
the 2013-2016 period, assuming appropriation of the necessary
amounts. Enacting H.R. 4089 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4089 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2013-
2013 2014 2015 2016 2017 2017
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................... 4 4 4 0 0 12
Estimated Outlays............................................... 3 4 4 1 0 12
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Basis of estimate: For this estimate, CBO assumes that H.R.
4089 will be enacted in 2012, that the necessary funds will be
provided for each fiscal year, and that spending will follow
historical patterns for similar activities of the Bureau of
Land Management (BLM).
Title II would require BLM to allow recreational shooting
on lands included in national monuments in eight western
states. Based on information provided by the agency regarding
the cost of amending land use plans and environmental analyses
for the affected areas, CBO estimates that implementing title
II would cost $12 million over the 2013-2017 period, assuming
appropriation of the necessary amounts.
Title I would direct BLM, the Forest Service, and other
land management agencies to use existing authorities to make
certain federal lands available for activities such as hunting,
fishing, and recreational shooting. Because those activities
are allowed on most federal lands under current law and because
the bill would limit the amount of environmental and land use
planning that would be required if new areas were opened to
those activities, CBO estimates that implementing title I would
have no significant impact on the budgets of the affected
agencies.
Title III would require the Secretary of the Interior to
issue permits to hunters seeking to import polar bear remains
from Canada that were acquired during hunts that took place
prior to the polar bear being listed as a threatened species
under the Endangered Species Act (ESA). Only hunters who
submitted applications for permits to import such remains prior
to May 15, 2008, the date the polar bear was listed under ESA,
would be eligible to receive a permit under the bill. Based on
information from the U.S. Fish and Wildlife Service, CBO
estimates that processing and issuing the roughly 40 permits
that would be affected by the legislation would have a
negligible impact on the federal budget.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 4089
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Previous CBO estimates: On December 13, 2011, CBO
transmitted a cost estimate for H.R. 2834, the Recreational
Fishing and Hunting Heritage and Opportunities Act, as ordered
reported by the House Committee on Natural Resources on
November 17, 2011. Title I of H.R. 4089 contains provisions
similar to those in H.R. 2834, and the CBO cost estimates for
those provisions are the same.
On November 1, 2011, CBO transmitted a cost estimate for
H.R. 991, the Polar Bear Conservation and Fairness Act of 2011,
as ordered reported by the House Committee on Natural Resources
on October 5, 2011. Title III of H.R. 4089 contains provisions
similar to those in H.R. 991, and the CBO cost estimates for
those provisions are the same.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of 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, credit authority, or an increase or decrease in
revenues or tax expenditures. Based on information provided by
the affected agencies, CBO estimates that implementing the
legislation would cost $12 million over the 2013-2016 period,
assuming appropriation of the necessary amounts. Enacting H.R.
4089 would not affect direct spending or revenues; therefore,
pay-as-you-go procedures do not apply.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to protect and
enhance opportunities for recreational hunting, fishing and
shooting.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates as defined under
Public Law 104-4.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any local or tribal
law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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):
MARINE MAMMAL PROTECTION ACT OF 1972
* * * * * * *
TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS
* * * * * * *
PERMITS
Sec. 104. (a) * * *
* * * * * * *
(c)(1) * * *
* * * * * * *
(5)(A) * * *
* * * * * * *
[(D) The Secretary of the Interior shall, expeditiously after
the expiration of the applicable 30 day period under subsection
(d)(2), issue a permit for the importation of polar bear parts
(other than internal organs) from polar bears taken in sport
hunts in Canada before the date of enactment of the Marine
Mammal Protection Act Amendments of 1994, to each applicant who
submits, with the permit application, proof that the polar bear
was legally harvested in Canada by the applicant. The Secretary
shall issue such permits without regard to the provisions of
subparagraphs (A) and (C)(ii) of this paragraph, subsection
(d)(3) of this section, and sections 101 and 102. This
subparagraph shall not apply to polar bear parts that were
imported before the effective date of this subparagraph.]
(D)(i) The Secretary of the Interior shall, expeditiously
after the expiration of the applicable 30-day period under
subsection (d)(2), issue a permit for the importation of any
polar bear part (other than an internal organ) from a polar
bear taken in a sport hunt in Canada to any person--
(I) who submits, with the permit application, proof
that the polar bear was legally harvested by the person
before February 18, 1997; or
(II) who has submitted, in support of a permit
application submitted before May 15, 2008, proof that
the polar bear was legally harvested by the person
before May 15, 2008, from a polar bear population from
which a sport-hunted trophy could be imported before
that date in accordance with section 18.30(i) of title
50, Code of Federal Regulations.
(ii) The Secretary shall issue permits under clause (i)(I)
without regard to subparagraphs (A) and (C)(ii) of this
paragraph, subsection (d)(3), and sections 101 and 102.
Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the
importation of any polar bear part authorized by a permit
issued under clause (i)(I). This clause shall not apply to
polar bear parts that were imported before June 12, 1997.
(iii) The Secretary shall issue permits under clause
(i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B) and
102(b)(3) shall not apply to the importation of any polar bear
part authorized by a permit issued under clause (i)(II). This
clause shall not apply to polar bear parts that were imported
before the date of enactment of the Polar Bear Conservation and
Fairness Act of 2012.
* * * * * * *
----------
TOXIC SUBSTANCES CONTROL ACT
TITLE I--CONTROL OF TOXIC SUBSTANCES
* * * * * * *
SEC. 3. DEFINITIONS.
As used in this Act:
(1) * * *
(2)(A) * * *
(B) Such term does not include--
(i) * * *
* * * * * * *
(v) any article the sale of which is subject to the
tax imposed by section 4181 of the Internal Revenue
Code of 1954 (determined without regard to any
exemptions from such tax provided by section 4182 or
4221 or any other provision of such Code)[, and], or
any component of any such article including, without
limitation, shot, bullets and other projectiles,
propellants, and primers,
(vi) any food, food additive, drug, cosmetic, or
device (as such terms are defined in section 201 of the
Federal Food, Drug, and Cosmetic Act) when
manufactured, processed, or distributed in commerce for
use as a food, food additive, drug, cosmetic, or
device[.], and
(vii) any sport fishing equipment (as such term is
defined in subsection (a) of section 4162 of the
Internal Revenue Code of 1986) the sale of which is
subject to the tax imposed by section 4161(a) of such
Code (determined without regard to any exemptions from
such tax as provided by section 4162 or 4221 or any
other provision of such Code), and sport fishing
equipment components.
The term ``food'' as used in clause (vi) of this subparagraph
includes poultry and poultry products (as defined in sections
4(e) and 4(f) of the Poultry Products Inspection Act), meat and
meat food products (as defined in section 1(j) of the Federal
Meat Inspection Act), and eggs and egg products (as defined in
section 4 of the Egg Products Inspection Act).
* * * * * * *
DISSENTING VIEWS
H.R. 4089 is a solution in search of a problem. A majority
of federal lands are available for hunting and fishing
activities. There is broad agreement that hunting, fishing,
trapping, and other wildlife-dependent activities have always
taken place on our federal lands and should continue to take
place on our federal lands. The number of visitors to public
lands who engage in hunting, fishing, and other wildlife-
dependent activities remain constant and quite high.
The Fish and Wildlife Service administers the National
Wildlife Refuge System, consisting of 553 refuges and 38
wetland areas together comprising over 150 million acres of
federal land. Approximately 375 refuges have hunting programs
with slightly fewer having fishing programs. The National Park
Service provides similar opportunities for hunting and fishing
for the 84 million acres they manage. Roughly 70 percent of NPS
lands are available for hunting. The Bureau of Land Management
(BLM) is responsible for 245 million acres of land with over 95
percent open to hunting and 98 percent open for recreational
shooting.
The legislation before us is a puzzling combination of
stand-alone bills packaged to purportedly represent the
interest of sportsmen and women. Instead of broadening support
and building consensus, the combination of these bills is more
controversial than the sum of the parts.
Title I of the legislation is focused on hunting and
fishing access on federal lands. The standalone legislation,
H.R. 2834, was opposed by the Administration and considered
highly controversial when brought before the Committee. We
fully support hunting, fishing, trapping and other wildlife-
dependant recreational activities on public lands, including in
designated wilderness. Instead of restating the value of
recreational activities on public lands, Title I includes
sweeping provision that would effectively rewrite the
Wilderness Act, National Environmental Policy Act (NEPA), and
the National Wildlife Refuge System Administration Act.
Subcommittee Ranking Member Grijalva offered amendments to
strike these provisions from the bill but was defeated on
largely party-line votes.
Title II of the legislation creates a cumbersome and
beltway driven process that ties the hands of local land
managers to manage our national monuments and protect health
and safety. Despite having more than 98% of lands open for
recreational shooting, Title II would only allow the Director
of the BLM to make 6 month closures of monument lands to
shooting for any reason.
Any long-term closure would require an Act of Congress.
Again, the Administration testified in opposition to the stand
alone legislation (H.R. 3440) and Democrats raised strong
objections during subcommittee consideration.
Title III of the bill overrides important laws related to
importation of endangered wildlife by allowing a select group
of hunters to import polar bears that were hunted just prior to
be listed as endangered species. The stand-alone bill, H.R. 991
has been before the Committee a number of times and has always
been considered controversial. There are 41 hunters who had
killed a polar bear and had pending importation permit
applications when the polar bear became listed. These hunters
were warned by extensive outreach by the Fish and Wildlife
Service that a prohibition would be placed on polar bear trophy
imports if a listing occurred. Hunters also gave warnings to
each other. The Hunting Report, with over 5000 subscribers,
told its readers in 2007, ``The bottom line is, no American
hunter should be putting hard, non-returnable money down on a
polar bear hunt at this point.'' These provisions would change
the laws of the nation to provide special treatment to forty-
one individuals. It creates an incentive for other trophy
hunters to ask Congress for exemptions for their own hunts on
marine mammals, which are listed or proposed for listing.
Congressman Young has introduced this bill three times since
the polar bear was placed on the Endangered Species list in May
of 2008.
Title IV of the bill amends the Toxic Substances Control
Act (TSCA), a law enacted in 1976 to provide the Environmental
Protection Agency (EPA) with the authority to require
reporting, testing, and restrictions related to the use of
chemical substances or mixtures of chemical substances. In
recognition of the regulatory authority that existed under
other statutes and/or Federal agencies, Congress exempted some
potentially toxic substances from TSCA. Examples of such
exemptions include special nuclear material (used to construct
nuclear weapons and regulated by the Department of Energy and
the Nuclear Regulatory Commission) food and drugs (related by
the Food and Drug Administration and the Department of
Agriculture) and pesticides (regulated by EPA under a different
statute).
H.R. 4089 adds ``shot, bullets and other projectiles,
propellants, and primers'' and ``any sport fishing equipment .
. . and sport fishing equipment components'' to the list of
items that are exempted from TSCA. The exemptions in existing
law were predicated on the fact that these substances were
already being regulated under different statutory authority or
by a different Federal agency. The exemptions contemplated in
H.R. 4089 appear to be predicated on the Majority's belief that
these items should not be regulated by anyone at all, no matter
how toxic the substances from which they are made may be. No
official from the EPA was invited to testify on Title IV of
H.R. 4089.
True threats to access for hunters and anglers are the
privatization of these public resources, degraded habitat due
to lack of funding, and development that disrupts wildlife
habitat and water quality. The Majority frequently laments that
federal lands dominate the West, ``robbing'' local communities
of a tax base. They have proposed turning some lands over to
the states, liquidating others, and intensively developing what
is left. Even widely supported programs embraced by hunters,
trappers, and anglers, like the Land and Water Conservation
Fund, are targets of their anti-federal efforts.
Hunting and fishing are enormously popular activities on
federal lands and support a multimillion dollar industry,
employing tens of thousands of people in outfitting, guiding,
and equipment manufacturing. Instead of embracing this engine
of economic prosperity, the Majority is legislating on
anecdotes and rumors, rewriting existing laws based on one
story from here or one allegation from there. Legislation based
on anecdotes rather than facts can have disastrous, unintended
consequences.
Promoting more hunting and fishing activities on federal
land involves ensuring that habitat is protected, acquiring new
lands to expand existing habitat, funding wildlife and habitat
management, and continuing to ensure that our parks, forests,
monuments, and wildlife areas remain public.
Instead of pursuing an agenda that would advance those
objectives, this Majority has approved this legislation, which
consists of a series of confusing management mandates that
collectively undermine federal land manager's ability to ensure
access for today's sportsmen and habitat for tomorrow. It uses
an issue on which there is broad agreement--the importance of
hunting and fishing on public lands--as a cover to make
harmful, backdoor changes to conservation laws. As a result,
enactment of H.R. 4089 would destroy wildlife habitat, limit
opportunities for the recreational pursuits the bill claims to
protect, and creates a dangerous precedent allowing for the
importation of trophies of endangered wildlife.
Edward J. Markey,
Ranking Member.
Raul M. Grijalva.
Niki Tsongas.
Grace F. Napolitano.
Dale Kildee.
Madeleine Z. Bordallo.
Gregorio Kilili Camacho Sablan.
Paul S. Tonko.
Rush Holt.