I 

112TH CONGRESS 

2D SESSION H. R. 4089 

To protect and enhance opportunities for recreational hunting, fishing and 

shooting. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2012 

Mr. MILLER of Florida (for himself, Mr. BENISHEK, Mr. FLAKE, Mr. YOUNG

of Alaska, Mr. ROSS of Arkansas, Mr. BOREN, Mr. LATTA, and Mr. 

SHULER) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture and Energy and Commerce, 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 protect and enhance opportunities for recreational 

hunting, fishing and shooting. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Sportsmen’s Heritage Act of 2012’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

1 TITLE I—RECREATIONAL FISH2 ING AND HUNTING HERITAGE 

3 AND OPPORTUNITIES 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Recreational Fishing 

6 and Hunting Heritage and Opportunities Act’’. 

7 SEC. 102. FINDINGS. 

8 Congress finds that— 

9 (1) recreational fishing and hunting are impor10 tant and traditional activities in which millions of 

11 Americans participate; 

12 (2) recreational anglers and hunters have been 

13 and continue to be among the foremost supporters 


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1 of sound fish and wildlife management and conserva2 tion in the United States; 

3 (3) recreational fishing and hunting are envi4 ronmentally acceptable and beneficial activities that 

5 occur and can be provided on Federal public lands 

6 and waters without adverse effects on other uses or 

7 users; 

8 (4) recreational anglers, hunters, and sporting 

9 organizations provide direct assistance to fish and 

10 wildlife managers and enforcement officers of the 

11 Federal Government as well as State and local gov12 ernments by investing volunteer time and effort to 

13 fish and wildlife conservation; 

14 (5) recreational anglers, hunters, and the asso15 ciated industries have generated billions of dollars of 

16 critical funding for fish and wildlife conservation, re17 search, and management by providing revenues from 

18 purchases of fishing and hunting licenses, permits, 

19 and stamps, as well as excise taxes on fishing, hunt20 ing, and shooting equipment that have generated bil21 lions of dollars of critical funding for fish and wild22 life conservation, research, and management; 

23 (6) recreational shooting is also an important 

24 and traditional activity in which millions of Ameri25 cans participate, safe recreational shooting is a valid 


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1 use of Federal public lands, and participation in rec2 reational shooting helps recruit and retain hunters 

3 and contributes to wildlife conservation; 

4 (7) opportunities to recreationally fish, hunt, 

5 and shoot are declining, which depresses participa6 tion in these traditional activities, and depressed 

7 participation adversely impacts fish and wildlife con8 servation and funding for important conservation ef9 forts; and 

10 (8) the public interest would be served, and our 

11 citizens’ fish and wildlife resources benefitted, by ac12 tion to ensure that opportunities are facilitated to 

13 engage in fishing and hunting on Federal public 

14 land as recognized by Executive Order 12962, relat15 ing to recreational fisheries, and Executive Order 

16 13443, relating to facilitation of hunting heritage 

17 and wildlife conservation. 

18 SEC. 103. DEFINITION. 

19 In this title: 

20 (1) FEDERAL PUBLIC LAND.— 

21 (A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the term ‘‘Federal public 

23 land’’ means any land or water that is— 

24 (i) owned by the United States; and 


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1 (ii) managed by a Federal agency (in2 cluding the Department of the Interior and 

3 the Forest Service) for purposes that in4 clude the conservation of natural resources. 

5 (B) EXCLUSION.—The term ‘‘Federal pub6 lic land’’ does not include any land or water 

7 held in trust for the benefit of Indians or other 

8 Native Americans. 

9 (2) HUNTING.— 

10 (A) IN GENERAL.—Except as provided in 

11 subparagraph (B), the term ‘‘hunting’’ means 

12 use of a firearm, bow, or other authorized 

13 means in the lawful— 

14 (i) pursuit, shooting, capture, collec15 tion, trapping, or killing of wildlife; or 

16 (ii) attempt to pursue, shoot, capture, 

17 collect, trap, or kill wildlife. 

18 (B) EXCLUSION.—The term ‘‘hunting’’ 

19 does not include the use of skilled volunteers to 

20 cull excess animals (as defined by other Federal 

21 law, including laws applicable to the National 

22 Park System). 

23 (3) RECREATIONAL FISHING.—The term ‘‘rec24 reational fishing’’ means the lawful— 


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1 (A) pursuit, capture, collection, or killing 

2 of fish; or 

3 (B) attempt to capture, collect, or kill fish. 

4 (4) RECREATIONAL SHOOTING.—The term 

5 ‘‘recreational shooting’’ means any form of sport, 

6 training, competition, or pastime, whether formal or 

7 informal, that involves the discharge of a rifle, hand8 gun, or shotgun, or the use of a bow and arrow. 

9 SEC. 104. RECREATIONAL FISHING, HUNTING, AND SHOOT10 ING. 

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

12 and subsection (g), and cooperation with the respective 

13 State and fish and wildlife agency, Federal public land 

14 management officials shall exercise their authority under 

15 existing law, including provisions regarding land use plan16 ning, to facilitate use of and access to Federal public lands 

17 and waters for fishing, sport hunting, and recreational 

18 shooting except as limited by— 

19 (1) statutory authority that authorizes action or 

20 withholding action for reasons of national security, 

21 public safety, or resource conservation; 

22 (2) any other Federal statute that specifically 

23 precludes recreational fishing, hunting, or shooting 

24 on specific Federal public lands, waters, or units 

25 thereof; and 


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1 (3) discretionary limitations on recreational 

2 fishing, hunting, and shooting determined to be nec3 essary and reasonable as supported by the best sci4 entific evidence and advanced through a transparent 

5 public process. 

6 (b) MANAGEMENT.—Consistent with subsection (a), 

7 the head of each Federal public land management agency 

8 shall exercise its land management discretion— 

9 (1) in a manner that supports and facilitates 

10 recreational fishing, hunting, and shooting opportu11 nities; 

12 (2) to the extent authorized under applicable 

13 State law; and 

14 (3) in accordance with applicable Federal law. 

15 (c) PLANNING.— 

16 (1) EFFECTS OF PLANS AND ACTIVITIES.— 

17 (A) EVALUATION OF EFFECTS ON OPPOR18 TUNITIES TO ENGAGE IN RECREATIONAL FISH19 ING, HUNTING, OR SHOOTING.—Federal public 

20 land planning documents, including land re21 sources management plans, resource manage22 ment plans, travel management plans, general 

23 management plans, and comprehensive con24 servation plans, shall include a specific evalua25 tion of the effects of such plans on opportuniVerDate Mar 15 2010 00:35 Feb 28, 2012 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4089.IH H4089

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1 ties to engage in recreational fishing, hunting, 

2 or shooting. 

3 (B) NOT MAJOR FEDERAL ACTION.—No 

4 action taken under this title, or under section 

5 4 of the National Wildlife Refuge System Ad6 ministration Act of 1966 (16 U.S.C. 668dd), ei7 ther individually or cumulatively with other ac8 tions involving Federal public lands, shall be 

9 considered to be a major Federal action signifi10 cantly affecting the quality of the human envi11 ronment, and no additional identification, anal12 ysis, or consideration of environmental effects, 

13 including cumulative effects, is necessary or re14 quired. 

15 (C) OTHER ACTIVITY NOT CONSIDERED.— 

16 The fact that recreational fishing, hunting, or 

17 shooting occurs on adjacent or nearby public or 

18 private lands shall not be considered in deter19 mining which Federal public lands are open for 

20 these activities or for setting levels of use for 

21 these activities. 

22 (2) USE OF VOLUNTEERS.—If hunting is pro23 hibited by law, all Federal public land planning doc24 uments of listed in paragraph (1)(A) of an agency 

25 shall, after appropriate coordination with State fish 


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1 and wildlife agency, allow the participation of skilled 

2 volunteers in the culling and other management of 

3 wildlife populations on Federal public lands unless 

4 the head of the agency demonstrates, based on the 

5 best scientific data available or applicable Federal 

6 statutes, why skilled volunteers shall not be used to 

7 control overpopulations of wildlife on the land that 

8 is the subject of the planning documents. 

9 (d) BUREAU OF LAND MANAGEMENT AND FOREST

10 SERVICE LANDS.— 

11 (1) LANDS OPEN.—Lands under the jurisdic12 tion of the Bureau of Land Management and the 

13 Forest Service, including lands designated as wilder14 ness or administratively classified as wilderness eligi15 ble or suitable and primitive or semi-primitive areas 

16 but excluding lands on the Outer Continental Shelf, 

17 shall be open to recreational fishing, hunting, and 

18 shooting unless the managing Federal agency acts to 

19 close lands to such activity. Lands may be subject 

20 to closures or restrictions if determined by the head 

21 of the agency to be necessary and reasonable and 

22 supported by facts and evidence, for purposes includ23 ing resource conservation, public safety, energy or 

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1 tection of other permittees, protection of private 

2 property rights or interests, national security, or 

3 compliance with other law. The head of the agency 

4 shall publish public notice of such closure or restric5 tion before it is effective, unless the closure or re6 striction is mandated by other law. 

7 (2) SHOOTING RANGES.— 

8 (A) IN GENERAL.—The head of each Fed9 eral agency— 

10 (i) may lease its lands for shooting 

11 ranges; and 

12 (ii) may designate specific lands for 

13 recreational shooting activities. 

14 (B) LIMITATION ON LIABILITY.—Any des15 ignation under subparagraph (A)(ii) shall not 

16 subject the United States to any civil action or 

17 claim for monetary damages for injury or loss 

18 of property or personal injury or death caused 

19 by any activity occurring at or on such des20 ignated lands. 

21 (e) NECESSITY IN WILDERNESS AREAS.— 

22 (1) The provision of opportunities for hunting, 

23 fishing and recreational shooting, and the conserva24 tion of fish and wildlife to provide sustainable use 

25 recreational opportunities on designated wilderness 


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1 areas on Federal public lands shall constitute meas2 ures necessary to meet the minimum requirements 

3 for the administration of the wilderness area. 

4 (2) The ‘‘within and supplemental to’’ Wilder5 ness purposes, as provided in Public Law 88–577, 

6 section 4(c), means that any requirements imposed 

7 by that Act shall be implemented only insofar as 

8 they facilitate or enhance the original or primary 

9 purpose or purposes for which the Federal public 

10 lands or Federal public land unit was established 

11 and do not materially interfere with or hinder such 

12 purpose or purposes. 

13 (f) ANNUAL REPORT.— 

14 (1) IN GENERAL.—Not later than October 1 of 

15 each year, the head of each Federal agency who has 

16 authority to manage Federal public land on which 

17 fishing, hunting, or recreational shooting occurs 

18 shall publish in the Federal Register and submit to 

19 the Committee on Natural Resources of the House 

20 of Representatives and the Committee on Energy 

21 and Natural Resources of the Senate a report that 

22 describes— 

23 (A) any Federal public land administered 

24 by the agency head that was closed to recVerDate Mar 15 2010 00:35 Feb 28, 2012 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4089.IH H4089

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1 reational fishing, sport hunting, or shooting at 

2 any time during the preceding year; and 

3 (B) the reason for the closure. 

4 (2) CLOSURES OR SIGNIFICANT RESTRICTIONS

5 OF 640 OR MORE ACRES.— 

6 (A) IN GENERAL.—Other than closures 

7 under subsection (c), the withdrawal, any 

8 change of classification, or any change of man9 agement status that effectively closes or signifi10 cantly restricts 640 or more contiguous acres of 

11 Federal public land or water to access or use 

12 for fishing or hunting or activities related to 

13 fishing and hunting (or both) shall take effect 

14 only if, before the date of withdrawal or change, 

15 the head of the Federal agency that has juris16 diction over the Federal public land or water— 

17 (i) publishes notice of the closure, 

18 withdrawal, or significant restriction; 

19 (ii) demonstrates that coordination 

20 has occurred with a State fish and wildlife 

21 agency; and 

22 (iii) submits to the Committee on 

23 Natural Resources of the House of Rep24 resentatives and the Committee on Energy 

25 and Natural Resources of the Senate writVerDate Mar 15 2010 00:35 Feb 28, 2012 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4089.IH H4089

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1 ten notice of the withdrawal, change, or 

2 significant restriction. 

3 (B) AGGREGATE OR CUMULATIVE EF4 FECTS.—If the aggregate or cumulative effect 

5 of small closures or significant restrictions af6 fects 640 or more acres, such small closures or 

7 significant restrictions shall be subject to these 

8 requirements. 

9 (g) AREAS NOT AFFECTED.—Nothing in this title re10 quires the opening of national park or national monu11 ments under the jurisdiction of the National Park Service 

12 to hunting or recreational shooting. 

13 (h) NO PRIORITY.—Nothing in this title requires a 

14 Federal agency to give preference to recreational fishing, 

15 hunting, or shooting over other uses of Federal public land 

16 or over land or water management priorities established 

17 by Federal law. 

18 (i) CONSULTATION WITH COUNCILS.—In fulfilling 

19 the duties set forth in this title, the heads of Federal agen20 cies shall consult with respective advisory councils as es21 tablished in Executive Orders 12962 and 13443. 

22 (j) AUTHORITY OF THE STATES.— 

23 (1) IN GENERAL.—Nothing in this title shall be 

24 construed as interfering with, diminishing, or con25 flicting with the authority, jurisdiction, or responsiVerDate Mar 15 2010 00:35 Feb 28, 2012 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4089.IH H4089

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1 bility of any State to manage, control, or regulate 

2 fish and wildlife under State law (including regula3 tions) on land or water within the State, including 

4 on Federal public land. 

5 (2) FEDERAL LICENSES.—Nothing in this title 

6 authorizes the head of a Federal agency head to re7 quire a license or permit to fish, hunt, or trap on 

8 land or water in a State, including on Federal public 

9 land in the States, except that this paragraph shall 

10 not affect the Migratory Bird Stamp requirement set 

11 forth in the Migratory Bird Hunting and Conserva12 tion Stamp Act (16 U.S.C. 718 et seq.). 

13 TITLE II—RECREATIONAL 

14 SHOOTING PROTECTION 

15 SEC. 201. SHORT TITLE. 

16 This title may be cited as the ‘‘Recreational Shooting 

17 Protection Act’’. 

18 SEC. 202. DEFINITIONS. 

19 In this title: 

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

21 the Director of the Bureau of Land Management. 

22 (2) NATIONAL MONUMENT LAND.—The term 

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

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


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

2 seq.). 

3 (3) RECREATIONAL SHOOTING.—The term 

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

5 training, competition, or pastime, whether formal or 

6 informal, that involves the discharge of a rifle, hand7 gun, or shotgun, or the use of a bow and arrow. 

8 SEC. 203. RECREATIONAL SHOOTING. 

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

10 National Monument land under the jurisdiction of the Bu11 reau of Land Management shall be open to access and 

12 use for recreational shooting, except such closures and re13 strictions determined by the Director to be necessary and 

14 reasonable and supported by facts and evidence for one 

15 or more of the following: 

16 (1) Reasons of national security. 

17 (2) Reasons of public safety. 

18 (3) To comply with an applicable Federal stat19 ute. 

20 (b) NOTICE; REPORT.— 

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

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

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

24 shall— 


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1 (A) publish public notice of such closure or 

2 restriction in a newspaper of general circulation 

3 in the area where the closure or restriction will 

4 be carried out; and 

5 (B) submit to Congress a report detailing 

6 the location and extent of, and evidence justi7 fying, such a closure or restriction. 

8 (2) TIMING.—The Director shall issue the no9 tice and report required under paragraph (1)— 

10 (A) before the closure if practicable with11 out risking national security or public safety; 

12 and 

13 (B) in cases where such issuance is not 

14 practicable for reasons of national security or 

15 public safety, not later than 30 days after the 

16 closure. 

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

18 closure or restriction under paragraph (1) or (2) of sub19 section (a) shall cease to be effective— 

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

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

22 Director submitted the report to Congress under 

23 subsection (b)(2) regarding the closure or restric24 tion, unless the closure or restriction has been ap25 proved by Federal law; and 


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1 (2) 30 days after the date of the enactment of 

2 a Federal law disapproving the closure or restriction. 

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

4 the Director shall manage National Monument land under 

5 the jurisdiction of the Bureau of Land Management— 

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

7 enhances recreational shooting opportunities; 

8 (2) to the extent authorized under State law 

9 (including regulations); and 

10 (3) in accordance with applicable Federal law 

11 (including regulations). 

12 (e) LIMITATION ON DUPLICATIVE CLOSURES OR RE13 STRICTIONS.—Director may not issue a closure or restric14 tion under subsection (a) that is substantially similar to 

15 closure or restriction previously issued that was not ap16 proved by Federal law. 

17 (f) EFFECTIVE DATE FOR PRIOR CLOSURES AND RE18 STRICTIONS.—On the date that is six months after the 

19 date of the enactment of this Act, this title shall apply 

20 to closures and restrictions in place on the date of the 

21 enactment of this title that relate to access and use for 

22 recreational shooting on National Monument land under 

23 the jurisdiction of the Bureau of Land Management. 

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

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


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1 Natural Resources of the House of Representatives and 

2 the Committee on Energy and Natural Resources of the 

3 Senate a report that describes— 

4 (1) any National Monument land under the ju5 risdiction of the Bureau of Land Management that 

6 was closed to recreational shooting or on which rec7 reational shooting was restricted at any time during 

8 the preceding year; and 

9 (2) the reason for the closure. 

10 (h) NO PRIORITY.—Nothing in this title requires the 

11 Director to give preference to recreational shooting over 

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

13 management priorities established by Federal law. 

14 (i) AUTHORITY OF THE STATES.— 

15 (1) SAVINGS.—Nothing in this title affects the 

16 authority, jurisdiction, or responsibility of a State to 

17 manage, control, or regulate fish and wildlife under 

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

19 the State, including Federal public land. 

20 (2) FEDERAL LICENSES.—Nothing in this title 

21 authorizes the Director to require a license for rec22 reational shooting on land or water in a State, in23 cluding on Federal public land in the State. 


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1 TITLE III—POLAR BEAR 

2 CONSERVATION AND FAIRNESS 

3 SEC. 301. SHORT TITLE. 

4 This title may be cited as the ‘‘Polar Bear Conserva5 tion and Fairness Act of 2012’’. 

6 SEC. 302. PERMITS FOR IMPORTATION OF POLAR BEAR 

7 TROPHIES TAKEN IN SPORT HUNTS IN CAN8 ADA. 

9 Section 104(c)(5)(D) of the Marine Mammal Protec10 tion Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended 

11 to read as follows: 

12 ‘‘(D)(i) The Secretary of the Interior shall, ex13 peditiously after the expiration of the applicable 30- 

14 day period under subsection (d)(2), issue a permit 

15 for the importation of any polar bear part (other 

16 than an internal organ) from a polar bear taken in 

17 a sport hunt in Canada to any person— 

18 ‘‘(I) who submits, with the permit applica19 tion, proof that the polar bear was legally har20 vested by the person before February 18, 1997; 

21 or 

22 ‘‘(II) who has submitted, in support of a 

23 permit application submitted before May 15, 

24 2008, proof that the polar bear was legally har25 vested by the person before May 15, 2008, from 


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1 a polar bear population from which a sport2 hunted trophy could be imported before that 

3 date in accordance with section 18.30(i) of title 

4 50, Code of Federal Regulations. 

5 ‘‘(ii) The Secretary shall issue permits under 

6 clause (i)(I) without regard to subparagraphs (A) 

7 and (C)(ii) of this paragraph, subsection (d)(3), and 

8 sections 101 and 102. Sections 101(a)(3)(B) and 

9 102(b)(3) shall not apply to the importation of any 

10 polar bear part authorized by a permit issued under 

11 clause (i)(I). This clause shall not apply to polar 

12 bear parts that were imported before June 12, 1997. 

13 ‘‘(iii) The Secretary shall issue permits under 

14 clause (i)(II) without regard to subparagraph (C)(ii) 

15 of this paragraph or subsection (d)(3). Sections 

16 101(a)(3)(B) and 102(b)(3) shall not apply to the 

17 importation of any polar bear part authorized by a 

18 permit issued under clause (i)(II). This clause shall 

19 not apply to polar bear parts that were imported be20 fore the date of enactment of the Polar Bear Con21 servation and Fairness Act of 2012.’’. 


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1 TITLE IV—HUNTING, FISHING, 

2 AND RECREATIONAL SHOOT3 ING PROTECTION 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘Hunting, Fishing, and 

6 Recreational Shooting Protection Act’’. 

7 SEC. 402. MODIFICATION OF DEFINITION. 

8 Section 3(2)(B) of the Toxic Substances Control Act 

9 (15 U.S.C. 2602(2)(B)) is amended— 

10 (1) in clause (v), by striking ‘‘, and’’ and insert11 ing ‘‘, or any component of any such article includ12 ing, without limitation, shot, bullets and other pro13 jectiles, propellants, and primers,’’; 

14 (2) in clause (vi) by striking the period at the 

15 end and inserting ‘‘, and’’; and 

16 (3) by inserting after clause (vi) the following: 

17 ‘‘(vii) any sport fishing equipment (as 

18 such term is defined in subparagraph (a) 

19 of section 4162 of the Internal Revenue 

20 Code of 1986) the sale of which is subject 

21 to the tax imposed by section 4161(a) of 

22 such Code (determined without regard to 

23 any exemptions from such tax as provided 

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1 vision of such Code), and sport fishing 

2 equipment components.’’. 

Æ 


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