I 

112TH CONGRESS 

1ST SESSION H. R. 3440 

To provide for certain oversight and approval on any decisions to close 

National Monument land under the jurisdiction of the Bureau of Land 

Management to recreational shooting, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2011 

Mr. FLAKE (for himself, Mr. BISHOP of Utah, Mr. FRANKS of Arizona, Mr. 

AKIN, Mr. POMPEO, Mr. BROUN of Georgia, Mr. HUNTER, Mr. 

FARENTHOLD, Mr. GALLEGLY, Mr. HULTGREN, and Mr. WALSH of Illinois) introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To provide for certain oversight and approval on any decisions to close National Monument land under the jurisdiction of the Bureau of Land Management to recreational shooting, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Recreational Shooting 

5 Protection Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the Bureau of Land Management. 

3 (2) NATIONAL MONUMENT LAND.—The term 

4 ‘‘National Monument land’’ has the meaning given 

5 that term in the Act of June 8, 1908 (commonly 

6 known as the ‘‘Antiquities Act’’; 16 U.S.C. 431 et 

7 seq.). 

8 (3) RECREATIONAL SHOOTING.—The term 

9 ‘‘recreational shooting’’ includes any form of sport, 

10 training, competition, or pastime, whether formal or 

11 informal, that involves the discharge of a rifle, hand12 gun, or shotgun, or the use of a bow and arrow. 

13 SEC. 3. RECREATIONAL SHOOTING. 

14 (a) IN GENERAL.—Subject to valid existing rights, 

15 National Monument land under the jurisdiction of the Bu16 reau of Land Management shall be open to access and 

17 use for recreational shooting, except such closures and re18 strictions determined by the Director to be necessary and 

19 reasonable and supported by facts and evidence for one 

20 or more of the following: 

21 (1) Reasons of national security. 

22 (2) Reasons of public safety. 

23 (3) To comply with an applicable Federal stat24 ute. 

25 (b) NOTICE; REPORT.— 


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1 (1) REQUIREMENT.—Except as set forth in 

2 paragraph (2)(B), before a restriction or closure 

3 under subsection (a) is made effective, the Director 

4 shall— 

5 (A) publish public notice of such closure or 

6 restriction in a newspaper of general circulation 

7 in the area where the closure or restriction will 

8 be carried out; and 

9 (B) submit to Congress a report detailing 

10 the location and extent of, and evidence justi11 fying, such a closure or restriction. 

12 (2) TIMING.—The Director shall issue the no13 tice and report required under paragraph (1)— 

14 (A) before the closure if practicable with15 out risking national security or public safety; 

16 and 

17 (B) in cases where such issuance is not 

18 practicable for reasons of national security or 

19 public safety, not later than 30 days after the 

20 closure. 

21 (c) CESSATION OF CLOSURE OR RESTRICTION.—A 

22 closure or restriction under paragraph (1) or (2) of sub23 section (a) shall cease to be effective— 

24 (1) effective on the day after the last day of the 

25 six-month period beginning on the date on which the 


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1 Director submitted the report to Congress under 

2 subsection (b)(2) regarding the closure or restric3 tion, unless the closure or restriction has been ap4 proved by Federal law; and 

5 (2) 30 days after the date of the enactment of 

6 a Federal law disapproving the closure or restriction. 

7 (d) MANAGEMENT.—Consistent with subsection (a), 

8 the Director shall manage National Monument land under 

9 the jurisdiction of the Bureau of Land Management— 

10 (1) in a manner that supports, promotes, and 

11 enhances recreational shooting opportunities; 

12 (2) to the extent authorized under State law 

13 (including regulations); and 

14 (3) in accordance with applicable Federal law 

15 (including regulations). 

16 (e) LIMITATION ON DUPLICATIVE CLOSURES OR RE17 STRICTIONS.—Director may not issue a closure or restric18 tion under subsection (a) that is substantially similar to 

19 closure or restriction previously issued that was not ap20 proved by Federal law. 

21 (f) EFFECTIVE DATE FOR PRIOR CLOSURES AND RE22 STRICTIONS.—On the date that is six months after the 

23 date of the enactment of this Act, this Act shall apply to 

24 closures and restrictions in place on the date of the enact25 ment of this Act that relate to access and use for recVerDate Mar 15 2010 00:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3440.IH H3440

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1 reational shooting on National Monument land under the 

2 jurisdiction of the Bureau of Land Management. 

3 (g) ANNUAL REPORT.—Not later than October 1 of 

4 each year, the Director shall submit to the Committee on 

5 Natural Resources of the House of Representatives and 

6 the Committee on Energy and Natural Resources of the 

7 Senate a report that describes— 

8 (1) any National Monument land under the ju9 risdiction of the Bureau of Land Management that 

10 was closed to recreational shooting or on which rec11 reational shooting was restricted at any time during 

12 the preceding year; and 

13 (2) the reason for the closure. 

14 (h) NO PRIORITY.—Nothing in this Act requires the 

15 Director to give preference to recreational shooting over 

16 other uses of Federal public land or over land or water 

17 management priorities established by Federal law. 

18 (i) AUTHORITY OF THE STATES.— 

19 (1) SAVINGS.—Nothing in this Act affects the 

20 authority, jurisdiction, or responsibility of a State to 

21 manage, control, or regulate fish and wildlife under 

22 State law (including regulations) on land or water in 

23 the State, including Federal public land. 

24 (2) FEDERAL LICENSES.—Nothing in this Act 

25 authorizes the Director to require a license for recVerDate Mar 15 2010 00:10 Nov 18, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3440.IH H3440

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1 reational shooting on land or water in a State, in2 cluding on Federal public land in the State. 

Æ 


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