[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 170 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 170
To recognize the heritage of recreational fishing, hunting, and
recreational shooting on Federal public land and ensure continued
opportunities for those activities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 29, 2013
Ms. Murkowski (for herself and Mr. Manchin) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To recognize the heritage of recreational fishing, hunting, and
recreational shooting on Federal public land and ensure continued
opportunities for those 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. DEFINITIONS.
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) Exclusions.--The term ``Federal public land''
does not include--
(i) land or water held or managed in trust
for the benefit of Indians or other Native
Americans;
(ii) land or water managed by the Director
of the National Park Service or the Director of
the United States Fish and Wildlife Service;
(iii) fish hatcheries; or
(iv) conservation easements on private
land.
(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).
(3) Recreational fishing.--The term ``recreational
fishing'' means--
(A) an activity for sport or for pleasure that
involves--
(i) the lawful catching, taking, or
harvesting of fish; or
(ii) the lawful attempted catching, taking,
or harvesting of fish; or
(B) any other activity for sport or pleasure that
can reasonably be expected to result in the lawful
catching, taking, or harvesting of 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. 3. RECREATIONAL FISHING, HUNTING, AND RECREATIONAL SHOOTING.
(a) In General.--Subject to valid existing rights, and in
cooperation with the respective State and fish and wildlife agency, a
Federal public land management official shall exercise the authority of
the official under existing law (including provisions regarding land
use planning) to facilitate use of and access to Federal public land
for recreational fishing, hunting, and recreational shooting except as
limited by--
(1) any law that authorizes action or withholding action
for reasons of national security, public safety, or resource
conservation;
(2) any other Federal law that precludes recreational
fishing, hunting, or recreational shooting on specific Federal
public land or water or units of Federal public land; and
(3) discretionary limitations on recreational fishing,
hunting, and recreational 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 the land
management discretion of the head--
(1) in a manner that supports and facilitates recreational
fishing, hunting, and recreational 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
recreational shooting.--Federal public land planning
documents (including land resources management plans,
resource management plans, travel management plans, and
energy development plans) shall include a specific
evaluation of the effects of the plans on opportunities
to engage in recreational fishing, hunting, or
recreational shooting.
(B) Other activity not considered.--
(i) In general.--Federal public land
management officials shall not be required to
consider the existence or availability of
recreational fishing, hunting, or recreational
shooting opportunities on private or public
land that is located adjacent to, or in the
vicinity of, Federal public land for purposes
of--
(I) planning for or determining
which units of Federal public land are
open for recreational fishing, hunting,
or recreational shooting; or
(II) setting the levels of use for
recreational fishing, hunting, or
recreational shooting on Federal public
land.
(ii) Enhanced opportunities.--Federal
public land management officials may consider
the opportunities described in clause (i) if
the combination of those opportunities would
enhance the recreational fishing, hunting, or
shooting opportunities available to the public.
(2) Use of volunteers.--If hunting is prohibited by law,
all Federal public land planning document described in
paragraph (1)(A) of an agency shall, after appropriate
coordination with State fish and wildlife agencies, allow the
participation of skilled volunteers in the culling and other
management of wildlife populations on Federal public land
unless the head of the agency demonstrates, based on the best
scientific data available or applicable Federal law, why
skilled volunteers should not be used to control overpopulation
of wildlife on the land that is the subject of the planning
document.
(d) Bureau of Land Management and Forest Service Land.--
(1) Land open.--
(A) In general.--Land under the jurisdiction of the
Bureau of Land Management or the Forest Service
(including a component of the National Wilderness
Preservation System, land designated as a wilderness
study area or administratively classified as wilderness
eligible or suitable, and primitive or semiprimitive
areas, but excluding land on the outer Continental
Shelf) shall be open to recreational fishing, hunting,
and recreational shooting unless the managing Federal
public land agency acts to close the land to such
activity.
(B) Motorized access.--Nothing in this paragraph
authorizes or requires motorized access or the use of
motorized vehicles for recreational fishing, hunting,
or recreational shooting purposes within land
designated as a wilderness study area or
administratively classified as wilderness eligible or
suitable.
(2) Closure or restriction.--Land described in paragraph
(1) 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, as determined appropriate by the
Director of the Bureau of Land Management or the Chief of the
Forest Service, as applicable.
(3) Shooting ranges.--
(A) In general.--Except as provided in subparagraph
(C), the head of each Federal public land agency may
use the authorities of the head, in a manner consistent
with this Act and other applicable law--
(i) to lease or permit use of land under
the jurisdiction of the head for shooting
ranges; and
(ii) to designate specific land under the
jurisdiction of the head 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 recreational shooting
activity occurring at or on the designated land.
(C) Exception.--The head of each Federal public
land agency shall not lease or permit use of Federal
public land for shooting ranges or designate land for
recreational shooting activities within including a
component of the National Wilderness Preservation
System, land designated as a wilderness study area or
administratively classified as wilderness eligible or
suitable, and primitive or semiprimitive areas.
(e) Report.--Not later than October 1 of every other year,
beginning with the second October 1 after the date of enactment of this
Act, the head of each Federal public land agency who has authority to
manage Federal public land on which recreational 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, hunting, or
recreational shooting at any time during the preceding year;
and
(2) the reason for the closure.
(f) Closures or Significant Restrictions of 1,280 or More Acres.--
(1) In general.--Other than closures established or
prescribed by land planning actions referred to in subsection
(d)(2) or emergency closures described in paragraph (3), a
permanent or temporary withdrawal, change of classification, or
change of management status of Federal public land or water
that effectively closes or significantly restricts 1,280 or
more contiguous acres of Federal public land or water to access
or use for recreational fishing or hunting or activities
relating to fishing or hunting shall take effect only if,
before the date of withdrawal or change, the head of the
Federal public land agency that has jurisdiction over the
Federal public land or water--
(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 significant restrictions affects 1,280 or
more acres of land or water, the withdrawals and changes shall
be treated as a single withdrawal or change for purposes of
paragraph (1).
(3) Emergency closures.--
(A) In general.--Nothing in this Act prohibits a
Federal public land management agency from establishing
or implementing emergency closures or restrictions of
the smallest practicable area of Federal public land to
provide for public safety, resource conservation,
national security, or other purposes authorized by law.
(B) Termination.--An emergency closure under
subparagraph (A) shall terminate after a reasonable
period of time unless the temporary closure is
converted to a permanent closure consistent with this
Act.
(g) No Priority.--Nothing in this Act requires a Federal agency to
give preference to recreational fishing, hunting, or recreational
shooting over other uses of Federal public land or over land or water
management priorities established by other Federal law.
(h) Consultation With Councils.--In carrying out this Act, the
heads of Federal public land agencies shall consult with the
appropriate advisory councils established under Executive Order 12962
(16 U.S.C. 1801 note; relating to recreational fisheries) and Executive
Order 13443 (16 U.S.C. 661 note; relating to facilitation of hunting
heritage and wildlife conservation).
(i) Authority of States.--
(1) In general.--Nothing in this Act interferes with,
diminishes, or conflicts 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.--
(A) In general.--Except as provided in subparagraph
(B), nothing in this section authorizes the head of a
Federal public land 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
State.
(B) Migratory bird stamps.--This paragraph shall
not affect any migratory bird stamp requirement of the
Migratory Bird Hunting and Conservation Stamp Act (16
U.S.C. 718a et seq.).
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