```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1825 Introduced in House (IH)]

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.

    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. 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, including the establishment of safe and 
        convenient shooting ranges on such 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 
        No. 12962, relating to recreational fisheries, and Executive 
        Order No. 13443, relating to facilitation of hunting heritage 
        and wildlife conservation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Federal public land.--The term ``Federal public land'' 
        means any land or water that is owned and managed by the Bureau 
        of Land Management or the Forest Service.
            (2) Federal public land management officials.--The term 
        ``Federal public land management officials'' means--
                    (A) the Secretary of the Interior and Director of 
                Bureau of Land Management regarding Bureau of Land 
                Management lands and waters; and
                    (B) the Secretary of Agriculture and Chief of the 
                Forest Service regarding the National Forest System.
            (3) 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;
                            (ii) attempt to pursue, shoot, capture, 
                        collect, trap, or kill wildlife; or
                            (iii) the training of hunting dogs, 
                        including field trials.
                    (B) Exclusion.--The term ``hunting'' does not 
                include the use of skilled volunteers to cull excess 
                animals (as defined by other Federal law).
            (4) 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.
            (5) 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. 4. RECREATIONAL FISHING, HUNTING, AND SHOOTING.

    (a) In General.--Subject to valid existing rights and subsection 
(g), and cooperation with the respective State fish and wildlife 
agency, Federal public land management officials shall exercise 
authority under existing law, including provisions regarding land use 
planning, to facilitate use of and access to Federal public lands, 
including National Monuments, Wilderness Areas, Wilderness Study Areas, 
and lands administratively classified as wilderness eligible or 
suitable and primitive or semi-primitive areas, 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) 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, 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.
            (2) No major federal action.--No action taken under this 
        Act, 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 or lands managed by the United States Fish 
        and Wildlife Service, 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.
            (3) Other activity not considered.--Federal public land 
        management officials are not required to consider the existence 
        or availability of recreational fishing, hunting, or shooting 
        opportunities on adjacent or nearby public or private lands in 
        the planning for or determination of which Federal public lands 
        are open for these activities or in the setting of levels of 
        use for these activities on Federal public lands, unless the 
        combination or coordination of such opportunities would enhance 
        the recreational fishing, hunting, or shooting opportunities 
        available to the public.
    (d) Federal Public Lands.--
            (1) Lands open.--Lands under the jurisdiction of the Bureau 
        of Land Management and the Forest Service, including Wilderness 
        Areas, Wilderness Study Areas, lands designated as wilderness 
        or administratively classified as wilderness eligible or 
        suitable and primitive or semi-primitive areas and National 
        Monuments, 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 interest, 
        national security, or compliance with other law.
            (2) Shooting ranges.--
                    (A) In general.--The head of each Federal agency 
                shall use his or her authorities in a manner consistent 
                with this Act and other applicable law, to--
                            (i) lease or permit use of lands under the 
                        jurisdiction of the agency for shooting ranges; 
                        and
                            (ii) designate specific lands under the 
                        jurisdiction of the agency 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 and ``Within and Supplemental 
to'' Wilderness Purposes.--
            (1) Minimum requirements for administration.--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 
        Federal wilderness areas shall constitute measures necessary to 
        meet the minimum requirements for the administration of the 
        wilderness area, provided that this determination shall not 
        authorize or facilitate commodity development, use, or 
        extraction, motorized recreational access or use that is not 
        otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et 
        seq.), or permanent road construction or maintenance within 
        designated wilderness areas.
            (2) Application of wilderness act.--Provisions of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that 
        wilderness purposes are ``within and supplemental to'' the 
        purposes of the underlying Federal land unit are reaffirmed. 
        When seeking to carry out fish and wildlife conservation 
        programs and projects or provide fish and wildlife dependent 
        recreation opportunities on designated wilderness areas, the 
        head of each Federal agency shall implement these supplemental 
        purposes so as to facilitate, enhance, or both, but not to 
        impede the underlying Federal land purposes when seeking to 
        carry out fish and wildlife conservation programs and projects 
        or provide fish and wildlife dependent recreation opportunities 
        in designated wilderness areas, provided that such 
        implementation shall not authorize or facilitate commodity 
        development, use or extraction, or permanent road construction 
        or use within designated wilderness areas.
    (f) Report.--Beginning on the second October 1 after the date of 
the enactment of this Act and biennially on October 1 thereafter, the 
head of each Federal agency who has authority to manage Federal public 
land on which 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, sport hunting, or 
        shooting at any time during the preceding year; and
            (2) the reason for the closure.
    (g) Closures or Significant Restrictions of 640 or More Acres.--
            (1) In general.--Other than closures established or 
        prescribed by land planning actions referred to in subsection 
        (d) or emergency closures described in paragraph (3) of this 
        subsection, a permanent or temporary withdrawal, change of 
        classification, or change of management status of Federal 
        public land that effectively closes or significantly restricts 
        640 or more contiguous acres of Federal public land to access 
        or use for fishing or hunting or activities related to fishing, 
        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--
                    (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 significantly restricts 1,280 or more 
        acres of land or water, such withdrawals and changes shall be 
        treated as a single withdrawal or change for purposes of 
        paragraph (1).
            (3) Emergency closures.--Nothing in this Act prohibits a 
        Federal land management agency from establishing or 
        implementing emergency closures or restrictions of the smallest 
        practicable area to provide for public safety, resource 
        conservation, national security, or other purposes authorized 
        by law. Such an emergency closure shall terminate after a 
        reasonable period of time unless converted to a permanent 
        closure consistent with this Act.
    (h) National Park Service Units Not Affected.--Nothing in this Act 
shall affect or modify management or use of units of the National Park 
System.
    (i) No Priority.--Nothing in this Act requires a Federal land 
management 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.
    (j) Consultation With Councils.--In fulfilling the duties set forth 
in this Act, the heads of Federal agencies shall consult with 
respective advisory councils as established in Executive Order Nos. 
12962 and 13443.
    (k) Authority of the States.--
            (1) In general.--Nothing in this Act shall be construed as 
        interfering with, diminishing, or conflicting with the 
        authority, jurisdiction, or responsibility of any State to 
        exercise primary management, control, or regulation of 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 Act shall be 
        construed to authorize the head of a Federal 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 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.).
                                 <all>
```