I 

113TH CONGRESS 

1ST SESSION H. R. 1825 

To direct Federal public land management officials to exercise their authority 

under existing law to facilitate use of and access to Federal public 

lands for fishing, sport hunting, and recreational shooting, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2013 

Mr. BENISHEK (for himself, Mr. AMODEI, Mr. GOSAR, Mr. YOUNG of Alaska, 

Mr. BUCHANAN, Mr. SIMPSON, Ms. JENKINS, Mr. HANNA, Mr. DAINES, 

and Mr. HUDSON) introduced the following bill; which was referred to the 

Committee on Natural Resources, and in addition to the Committee on 

Agriculture, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct Federal public land management officials to exercise their authority under existing law to facilitate use 

of and access to Federal public lands for fishing, sport 

hunting, and recreational shooting, and for other purposes. 

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 Fishing 

5 and Hunting Heritage and Opportunities Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) recreational fishing and hunting are impor4 tant and traditional activities in which millions of 

5 Americans participate; 

6 (2) recreational anglers and hunters have been 

7 and continue to be among the foremost supporters 

8 of sound fish and wildlife management and conserva9 tion in the United States; 

10 (3) recreational fishing and hunting are envi11 ronmentally acceptable and beneficial activities that 

12 occur and can be provided on Federal public lands 

13 and waters without adverse effects on other uses or 

14 users; 

15 (4) recreational anglers, hunters, and sporting 

16 organizations provide direct assistance to fish and 

17 wildlife managers and enforcement officers of the 

18 Federal Government as well as State and local gov19 ernments by investing volunteer time and effort to 

20 fish and wildlife conservation; 

21 (5) recreational anglers, hunters, and the asso22 ciated industries have generated billions of dollars of 

23 critical funding for fish and wildlife conservation, re24 search, and management by providing revenues from 

25 purchases of fishing and hunting licenses, permits, 

26 and stamps, as well as excise taxes on fishing, huntVerDate Mar 15 2010 17:12 May 03, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1825.IH H1825

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1 ing, and shooting equipment that have generated bil2 lions of dollars of critical funding for fish and wild3 life conservation, research, and management; 

4 (6) recreational shooting is also an important 

5 and traditional activity in which millions of Ameri6 cans participate, safe recreational shooting is a valid 

7 use of Federal public lands, including the establish8 ment of safe and convenient shooting ranges on such 

9 lands, and participation in recreational shooting 

10 helps recruit and retain hunters and contributes to 

11 wildlife conservation; 

12 (7) opportunities to recreationally fish, hunt, 

13 and shoot are declining, which depresses participa14 tion in these traditional activities, and depressed 

15 participation adversely impacts fish and wildlife con16 servation and funding for important conservation ef17 forts; and 

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

19 citizens’ fish and wildlife resources benefitted, by ac20 tion to ensure that opportunities are facilitated to 

21 engage in fishing and hunting on Federal public 

22 land as recognized by Executive Order No. 12962, 

23 relating to recreational fisheries, and Executive 

24 Order No. 13443, relating to facilitation of hunting 

25 heritage and wildlife conservation. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) FEDERAL PUBLIC LAND.—The term ‘‘Fed4 eral public land’’ means any land or water that is 

5 owned and managed by the Bureau of Land Man6 agement or the Forest Service. 

7 (2) FEDERAL PUBLIC LAND MANAGEMENT OF8 FICIALS.—The term ‘‘Federal public land manage9 ment officials’’ means— 

10 (A) the Secretary of the Interior and Di11 rector of Bureau of Land Management regard12 ing Bureau of Land Management lands and 

13 waters; and 

14 (B) the Secretary of Agriculture and Chief 

15 of the Forest Service regarding the National 

16 Forest System. 

17 (3) HUNTING.— 

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

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

20 use of a firearm, bow, or other authorized 

21 means in the lawful— 

22 (i) pursuit, shooting, capture, collec23 tion, trapping, or killing of wildlife; 

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

25 collect, trap, or kill wildlife; or 


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1 (iii) the training of hunting dogs, in2 cluding field trials. 

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

4 does not include the use of skilled volunteers to 

5 cull excess animals (as defined by other Federal 

6 law). 

7 (4) RECREATIONAL FISHING.—The term ‘‘rec8 reational fishing’’ means the lawful— 

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

10 of fish; or 

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

12 (5) RECREATIONAL SHOOTING.—The term 

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

14 training, competition, or pastime, whether formal or 

15 informal, that involves the discharge of a rifle, hand16 gun, or shotgun, or the use of a bow and arrow. 

17 SEC. 4. RECREATIONAL FISHING, HUNTING, AND SHOOT18 ING. 

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

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

21 State fish and wildlife agency, Federal public land man22 agement officials shall exercise authority under existing 

23 law, including provisions regarding land use planning, to 

24 facilitate use of and access to Federal public lands, includ25 ing National Monuments, Wilderness Areas, Wilderness 


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1 Study Areas, and lands administratively classified as wil2 derness eligible or suitable and primitive or semi-primitive 

3 areas, for fishing, sport hunting, and recreational shoot4 ing, except as limited by— 

5 (1) statutory authority that authorizes action or 

6 withholding action for reasons of national security, 

7 public safety, or resource conservation; 

8 (2) any other Federal statute that specifically 

9 precludes recreational fishing, hunting, or shooting 

10 on specific Federal public lands, waters, or units 

11 thereof; and 

12 (3) discretionary limitations on recreational 

13 fishing, hunting, and shooting determined to be nec14 essary and reasonable as supported by the best sci15 entific evidence and advanced through a transparent 

16 public process. 

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

18 the head of each Federal public land management agency 

19 shall exercise its land management discretion— 

20 (1) in a manner that supports and facilitates 

21 recreational fishing, hunting, and shooting opportu22 nities; 

23 (2) to the extent authorized under applicable 

24 State law; and 

25 (3) in accordance with applicable Federal law. 


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1 (c) PLANNING.— 

2 (1) EVALUATION OF EFFECTS ON OPPORTUNI3 TIES TO ENGAGE IN RECREATIONAL FISHING, HUNT4 ING, OR SHOOTING.—Federal public land planning 

5 documents, including land resources management 

6 plans, resource management plans, and comprehen7 sive conservation plans, shall include a specific eval8 uation of the effects of such plans on opportunities 

9 to engage in recreational fishing, hunting, or shoot10 ing. 

11 (2) NO MAJOR FEDERAL ACTION.—No action 

12 taken under this Act, or under section 4 of the Na13 tional Wildlife Refuge System Administration Act of 

14 1966 (16 U.S.C. 668dd), either individually or cu15 mulatively with other actions involving Federal pub16 lic lands or lands managed by the United States 

17 Fish and Wildlife Service, shall be considered to be 

18 a major Federal action significantly affecting the 

19 quality of the human environment, and no additional 

20 identification, analysis, or consideration of environ21 mental effects, including cumulative effects, is nec22 essary or required. 

23 (3) OTHER ACTIVITY NOT CONSIDERED.—Fed24 eral public land management officials are not re25 quired to consider the existence or availability of recVerDate Mar 15 2010 17:12 May 03, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1825.IH H1825

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1 reational fishing, hunting, or shooting opportunities 

2 on adjacent or nearby public or private lands in the 

3 planning for or determination of which Federal pub4 lic lands are open for these activities or in the set5 ting of levels of use for these activities on Federal 

6 public lands, unless the combination or coordination 

7 of such opportunities would enhance the recreational 

8 fishing, hunting, or shooting opportunities available 

9 to the public. 

10 (d) FEDERAL PUBLIC LANDS.— 

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

13 Forest Service, including Wilderness Areas, Wilder14 ness Study Areas, lands designated as wilderness or 

15 administratively classified as wilderness eligible or 

16 suitable and primitive or semi-primitive areas and 

17 National Monuments, but excluding lands on the 

18 Outer Continental Shelf, shall be open to rec19 reational fishing, hunting, and shooting unless the 

20 managing Federal agency acts to close lands to such 

21 activity. Lands may be subject to closures or restric22 tions if determined by the head of the agency to be 

23 necessary and reasonable and supported by facts 

24 and evidence, for purposes including resource con25 servation, public safety, energy or mineral producVerDate Mar 15 2010 17:12 May 03, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1825.IH H1825

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1 tion, energy generation or transmission infrastruc2 ture, water supply facilities, protection of other per3 mittees, protection of private property rights or in4 terest, national security, or compliance with other 

5 law. 

6 (2) SHOOTING RANGES.— 

7 (A) IN GENERAL.—The head of each Fed8 eral agency shall use his or her authorities in 

9 a manner consistent with this Act and other ap10 plicable law, to— 

11 (i) lease or permit use of lands under 

12 the jurisdiction of the agency for shooting 

13 ranges; and 

14 (ii) designate specific lands under the 

15 jurisdiction of the agency for recreational 

16 shooting activities. 

17 (B) LIMITATION ON LIABILITY.—Any des18 ignation under subparagraph (A)(ii) shall not 

19 subject the United States to any civil action or 

20 claim for monetary damages for injury or loss 

21 of property or personal injury or death caused 

22 by any activity occurring at or on such des23 ignated lands. 

24 (e) NECESSITY IN WILDERNESS AREAS AND ‘‘WITH25 IN AND SUPPLEMENTAL TO’’ WILDERNESS PURPOSES.— 


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1 (1) MINIMUM REQUIREMENTS FOR ADMINIS2 TRATION.—The provision of opportunities for hunt3 ing, fishing and recreational shooting, and the con4 servation of fish and wildlife to provide sustainable 

5 use recreational opportunities on designated Federal 

6 wilderness areas shall constitute measures necessary 

7 to meet the minimum requirements for the adminis8 tration of the wilderness area, provided that this de9 termination shall not authorize or facilitate com10 modity development, use, or extraction, motorized 

11 recreational access or use that is not otherwise al12 lowed under the Wilderness Act (16 U.S.C. 1131 et 

13 seq.), or permanent road construction or mainte14 nance within designated wilderness areas. 

15 (2) APPLICATION OF WILDERNESS ACT.—Provi16 sions of the Wilderness Act (16 U.S.C. 1131 et 

17 seq.), stipulating that wilderness purposes are ‘‘with18 in and supplemental to’’ the purposes of the under19 lying Federal land unit are reaffirmed. When seek20 ing to carry out fish and wildlife conservation pro21 grams and projects or provide fish and wildlife de22 pendent recreation opportunities on designated wil23 derness areas, the head of each Federal agency shall 

24 implement these supplemental purposes so as to fa25 cilitate, enhance, or both, but not to impede the unVerDate Mar 15 2010 17:12 May 03, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1825.IH H1825

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1 derlying Federal land purposes when seeking to 

2 carry out fish and wildlife conservation programs 

3 and projects or provide fish and wildlife dependent 

4 recreation opportunities in designated wilderness 

5 areas, provided that such implementation shall not 

6 authorize or facilitate commodity development, use 

7 or extraction, or permanent road construction or use 

8 within designated wilderness areas. 

9 (f) REPORT.—Beginning on the second October 1 

10 after the date of the enactment of this Act and biennially 

11 on October 1 thereafter, the head of each Federal agency 

12 who has authority to manage Federal public land on which 

13 fishing, hunting, or recreational shooting occurs shall sub14 mit to the Committee on Natural Resources of the House 

15 of Representatives and the Committee on Energy and 

16 Natural Resources of the Senate a report that describes— 

17 (1) any Federal public land administered by the 

18 agency head that was closed to recreational fishing, 

19 sport hunting, or shooting at any time during the 

20 preceding year; and 

21 (2) the reason for the closure. 

22 (g) CLOSURES OR SIGNIFICANT RESTRICTIONS OF

23 640 OR MORE ACRES.— 

24 (1) IN GENERAL.—Other than closures estab25 lished or prescribed by land planning actions reVerDate Mar 15 2010 17:12 May 03, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1825.IH H1825

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1 ferred to in subsection (d) or emergency closures de2 scribed in paragraph (3) of this subsection, a perma3 nent or temporary withdrawal, change of classifica4 tion, or change of management status of Federal 

5 public land that effectively closes or significantly re6 stricts 640 or more contiguous acres of Federal pub7 lic land to access or use for fishing or hunting or ac8 tivities related to fishing, hunting, or both, shall 

9 take effect only if, before the date of withdrawal or 

10 change, the head of the Federal agency that has ju11 risdiction over the Federal public land— 

12 (A) publishes appropriate notice of the 

13 withdrawal or change, respectively; 

14 (B) demonstrates that coordination has oc15 curred with a State fish and wildlife agency; 

16 and 

17 (C) submits to the Committee on Natural 

18 Resources of the House of Representatives and 

19 the Committee on Energy and Natural Re20 sources of the Senate written notice of the with21 drawal or change, respectively. 

22 (2) AGGREGATE OR CUMULATIVE EFFECTS.—If 

23 the aggregate or cumulative effect of separate with24 drawals or changes effectively closes or significantly 

25 restricts 1,280 or more acres of land or water, such 


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1 withdrawals and changes shall be treated as a single 

2 withdrawal or change for purposes of paragraph (1). 

3 (3) EMERGENCY CLOSURES.—Nothing in this 

4 Act prohibits a Federal land management agency 

5 from establishing or implementing emergency clo6 sures or restrictions of the smallest practicable area 

7 to provide for public safety, resource conservation, 

8 national security, or other purposes authorized by 

9 law. Such an emergency closure shall terminate after 

10 a reasonable period of time unless converted to a 

11 permanent closure consistent with this Act. 

12 (h) NATIONAL PARK SERVICE UNITS NOT AF13 FECTED.—Nothing in this Act shall affect or modify man14 agement or use of units of the National Park System. 

15 (i) NO PRIORITY.—Nothing in this Act requires a 

16 Federal land management agency to give preference to 

17 recreational fishing, hunting, or shooting over other uses 

18 of Federal public land or over land or water management 

19 priorities established by Federal law. 

20 (j) CONSULTATION WITH COUNCILS.—In fulfilling 

21 the duties set forth in this Act, the heads of Federal agen22 cies shall consult with respective advisory councils as es23 tablished in Executive Order Nos. 12962 and 13443. 

24 (k) AUTHORITY OF THE STATES.— 


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

2 construed as interfering with, diminishing, or con3 flicting with the authority, jurisdiction, or responsi4 bility of any State to exercise primary management, 

5 control, or regulation of fish and wildlife under State 

6 law (including regulations) on land or water within 

7 the State, including on Federal public land. 

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

9 shall be construed to authorize the head of a Federal 

10 agency head to require a license, fee, or permit to 

11 fish, hunt, or trap on land or water in a State, in12 cluding on Federal public land in the States, except 

13 that this paragraph shall not affect the Migratory 

14 Bird Stamp requirement set forth in the Migratory 

15 Bird Hunting and Conservation Stamp Act (16 

16 U.S.C. 718 et seq.). 

Æ 


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