39–008 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–339 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3590) TO PROTECT 

AND ENHANCE OPPORTUNITIES FOR RECREATIONAL HUNTING, FISHING, AND SHOOTING, AND FOR OTHER PURPOSES 

FEBRUARY 3, 2014.—Referred to the House Calendar and ordered to be printed 

Mr. SESSIONS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 470] 

The Committee on Rules, having had under consideration House 

Resolution 470, by a record vote of 9 to 2, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 3590, the 

Sportsmen’s Heritage And Recreational Enhancement Act of 2013 

(SHARE Act of 2013), under a structured rule. The resolution provides one hour of general debate equally divided and controlled by 

the chair and ranking minority member of the Committee on Natural Resources. The resolution waives all points of order against 

consideration of the bill and provides that it shall be considered as 

read. The resolution waives all points of order against provisions 

in the bill. The resolution makes in order only those amendments 

printed in this report. Each such amendment may be offered only 

in the order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be 

debatable for the time specified in this report equally divided and 

controlled by the proponent and an opponent, shall not be subject 

to amendment, and shall not be subject to a demand for division 

of the question in the House or in the Committee of the Whole. The 

resolution waives all points of order against the amendments printed in this report. The resolution provides one motion to recommit 

with or without instructions. 

EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of the bill, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 


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Although the resolution waives all points of order against provisions in the bill, the Committee is not aware of any points of order. 

The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 105 

Motion by Mr. McGovern to make in order and provide the appropriate waivers for amendment #21, offered by Rep. Holt (NJ) 

and Rep. Thompson (CA) and Rep. Reichert (WA) and Rep. Veasey 

(TX) and Rep. Fitzpatrick (PA) and Rep. Dingell (MI) and Rep. 

McGovern (MA) and Rep. Gibson (NY) and Rep. Kirkpatrick (AZ) 

and Rep. Coble (NC) and Rep. Butterfield (NC) and Rep. Gerlach 

(PA), which reauthorizes the Land and Water Conservation Fund 

(LWCF) for five years. The LWCF uses revenues from oil and gas 

leasing on the Outer Continental Shelf to help preserve, develop 

and ensure access to outdoor recreation resources. Defeated: 2–9 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. ...................

Mr. Bishop of Utah .......................................... Nay Mr. McGovern ................................................... Yea 

Mr. Cole ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Nay 

Mr. Webster ...................................................... Nay 

Ms. Ros-Lehtinen ............................................. Nay 

Mr. Burgess ...................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 106 

Motion by Ms. Foxx to report the rule. Adopted: 9–2 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. ...................

Mr. Bishop of Utah .......................................... Yea Mr. McGovern ................................................... Nay 

Mr. Cole ............................................................ Yea Mr. Hastings of Florida ................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Polis ........................................................... ...................

Mr. Nugent ....................................................... Yea 

Mr. Webster ...................................................... Yea 

Ms. Ros-Lehtinen ............................................. Yea 

Mr. Burgess ...................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Hastings, Doc (WA): MANAGER’S Makes technical, clarifying 

and conforming changes to the Committee Print. (10 minutes) 

2. Hanna (NY): Requires a report on economic impacts of the Act. 

The report would include any expected increases in recreational 

hunting, fishing, shooting, and conservation activities; an estimate 

of jobs created to support such activities; an estimate of wages reVerDate Mar 15 2010 04:09 Feb 04, 2014 Jkt 039008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR339.XXX HR339

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lated to these jobs; and estimate of anticipated new local, State, 

and Federal revenue. (10 minutes) 

3. Castro (TX): Ensures that women and minority groups, as appropriate, are included for membership on the Wildlife and Hunting Heritage Conservation Council Advisory Committee. (10 minutes) 

4. Gallego (TX): Adds veterans service organizations to the list of 

discretionary members of the Wildlife and Hunting Heritage Conservation Council Advisory Committee. Many organizations, including the VA, include outdoor activities to help wounded veterans in 

their rehabilitation efforts. (10 minutes) 

5. Broun (GA): Requires that hunting, trapping, netting and fishing activities be included as land use in all land management plans 

to the extent that these activities are not clearly inconsistent with 

the purposes for which the Federal land is managed. (10 minutes) 

6. Ellison (MN): Strikes the National Environmental Policy Act 

waivers in the bill. (10 minutes) 

7. Smith, Jason (MO): Preserves current motorized vessel management in the Ozark National Scenic Riverways, a National Park 

in Southeast Missouri. (10 minutes) 

8. Crawford (AR): Allows the State office of the Cooperative Extension System of the Department of Agriculture and State department of fish and wildlife to determine regular agricultural practices 

for purposes of federal hunting guidelines. (10 minutes) 

9. Fleming (LA): Restores hunting access to the Kisatchie National Forest for deer hunting with dogs. Includes private property 

protections. (10 minutes) 

10. Holt (NJ), Connolly (VA), Lowenthal (CA), Van Hollen (MD), 

Langevin (RI), Cartwright (PA), Ellison (MN), Blumenauer (OR), 

Grijalva (AZ), Shea-Porter (NH), Capps (CA), Quigley (IL), Delaney 

(MD), Davis, Susan (CA), Matsui (CA): Promotes the Secretary of 

the Interior’s authority to consider climate change when making 

decisions related to recreation and conservation on public lands. (10 

minutes) 

11. Kildee (MI): Maintains access to National Forest System 

lands for snowmobilers while a winter Travel Management Rule for 

National Forests is finalized. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF WASHINGTON OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 1, lines 5 and 6, strike ‘‘of 2013’’. 

Page 13, line 10, strike ‘‘of 2013’’. 

Page 15, line 2, strike ‘‘of 2013’’. 

Page 15, line 7, strike ‘‘of 2013’’. 

Page 22, line 12, strike ‘‘of 2013’’. 

Page 27, strike lines 13 and 14 and redesignate the remaining 

clauses accordingly. 

Page 29, line 20, strike ‘‘shall’’ and insert ‘‘may’’. 

Page 32, line 13, strike ‘‘Effective’’ and all that follows through 

line 19, and insert the following: ‘‘Upon publication of the first notice required under section 8(c) of the Wildlife and Hunting Heritage Conservation Council formed in furtherance of section 441 of 

the Revised Statutes (43 U.S.C. 1457), the Fish and Wildlife Act of 


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1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus 

of the Department of the Interior is hereby abolished.’’. 

Page 41, lines 17 and 18, strike ‘‘this determination’’ and insert 

‘‘the provision of opportunities for hunting, fishing, and recreational shooting under the authority of this title’’. 

Page 41, line 20, insert ‘‘, road construction or maintenance,’’ 

after ‘‘access’’. 

Page 41, lines 22 and 23, strike ‘‘, or permanent road construction or maintenance’’. 

Page 42, line 14, strike ‘‘such implementation’’ and insert ‘‘the 

provision of opportunities for hunting, fishing, and recreational 

shooting under the authority of this title’’. 

Page 42, line 16, strike ‘‘or permanent road construction or use’’ 

and insert ‘‘motorized recreational access, road construction or 

maintenance, or use that is not otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et seq.)’’. 

Page 45, line 18, strike ‘‘head’’. 

At the end of the bill, add the following new title (and amend the 

table of contents accordingly): 

TITLE IX—RESPECT FOR TREATIES AND 

RIGHTS 

SEC. 901. RESPECT FOR TREATIES AND RIGHTS. 

Nothing in this Act or the amendments made by this Act shall 

be construed to affect or modify any treaty or other right of any 

federally recognized Indian tribe. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HANNA OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, before line 1, insert the following (and conform the table 

of contents accordingly): 

SEC. 3. REPORT ON ECONOMIC IMPACT. 

Not later than 12 months after the date of the enactment of this 

Act, the Secretary of Interior shall submit a report to Congress 

that assesses expected economic impacts of the Act. Such report 

shall include— 

(1) a review of any expected increases in recreational hunting, fishing, shooting, and conservation activities; 

(2) an estimate of any jobs created in each industry expected 

to support such activities described in paragraph (1), including 

in the supply, manufacturing, distribution, and retail sectors; 

(3) an estimate of wages related to jobs described in paragraph (2); and 

(4) an estimate of anticipated new local, State, and Federal 

revenue related to jobs described in paragraph (2). 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTRO OF

TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 27, after line 18, insert the following: 


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‘‘(xiii) Women’s hunting and fishing advocacy, outreach, or education organization. 

‘‘(xiv) Minority hunting and fishing advocacy, outreach, or education organization. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GALLEGO

OF TEXAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 27, after line 18, insert the following: 

‘‘(xiii) Veterans service organization.’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROUN OF

GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 37, strike line 1 through page 45, line 24, and insert the 

following (conform the table of contents accordingly): 

SEC. 804. HUNTING ON FEDERAL PUBLIC LAND. 

(a) PURPOSE.—The purpose of this section is to require that hunting activities be a land use in all management plans for Federal 

public land to the extent that such use is not clearly incompatible 

with the purposes for which the Federal public land is managed. 

(b) HUNTING ALLOWED UNLESS INCOMPATIBLE.—When developing 

or considering approval of a management plan (or any amendment 

to such a management plan) for Federal public land, the head of 

the agency with jurisdiction over such Federal public land shall ensure that hunting activities are allowed as a use of such Federal 

public land to the extent that such use is not clearly incompatible 

with the purposes for which the Federal public land is managed. 

(c) PROHIBITING OR RESTRICTING HUNTING.— (1) REASONS SET FORTH IN MANAGEMENT PLAN.—If hunting 

activities are not allowed or are restricted on Federal public 

land, the head of the agency with jurisdiction over such Federal public land shall set forth in the management plan for 

that Federal public land the specific reason that hunting activities are not allowed or are restricted. 

(2) RESTRICTION CLARIFIED.—For the purposes of this subsection— 

(A) allowing contract or quota thinning of wildlife shall 

not constitute allowing unrestricted hunting; and 

(B) a fee charged by any entity related to hunting activities on Federal public land that is in excess of that needed 

to recoup costs of management of the Federal public land 

shall be deemed to be a restriction on hunting. 

(d) SHOOTING RANGES.— 

(1) IN GENERAL.—The head of each Federal agency shall use 

his or her authorities in a manner consistent with this title 

and other applicable law, to— 

(A) lease or permit use of lands under the jurisdiction of 

the agency for shooting ranges; and 

(B) designate specific lands under the jurisdiction of the 

agency for recreational shooting activities. 

(2) LIMITATION ON LIABILITY.—Any designation under paragraph (1)(B) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of propVerDate Mar 15 2010 04:09 Feb 04, 2014 Jkt 039008 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR339.XXX HR339

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erty or personal injury or death caused by any activity occurring at or on such designated lands. 

(e) AUTHORITY OF THE STATES.—Nothing in this title 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. 

(f) FEES.—Fees charged related to hunting activities on Federal 

public land shall be— 

(1) retained by the head of the agency with jurisdiction over 

such Federal public land to offset costs directly related to management of hunting on the Federal public land upon which 

hunting activities related to the fee are conducted; and 

(2) limited to what the Secretary reasonably estimates to be 

necessary to offset costs directly related to management of 

hunting on the Federal public land upon which hunting activities related to the fee are conducted. 

(g) DEFINITIONS.—In this section— 

(1) 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) the term ‘‘hunting’’ means hunting, trapping, netting, and 

fishing; and 

(3) the term ‘‘management plan’’ means a management plan, 

management contract, or other comprehensive plan or agreement for the management or use of Federal public land. 

(h) APPLICABILITY.—This section shall apply to all management 

plans developed, approved, or amended after the date of the enactment of this section. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ELLISON

OF MINNESOTA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 38, strike line 20 through page 39, line 6. 

Page 39, line 7, strike ‘‘(3)’’ and insert ‘‘(2)’’. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SMITH OF

MISSOURI OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 44, line 22, strike ‘‘Nothing’’ and insert ‘‘Except as provided 

by subsection (l), nothing’’. 

Page 45, after line 24, insert the following: 

(l) MOTORIZED VESSELS IN THE OZARK NATIONAL SCENIC

RIVERWAYS.—The Secretary of the Interior— 

(1) shall manage the Ozark National Scenic Riverways to 

allow the use of motorized vessels in a manner that is not 

more restrictive than the use restrictions in effect on November 21, 2013; and 

(2) may manage the Ozark National Scenic Riverways to 

allow the use of motorized vessels in a manner that is less restrictive than the use restrictions in effect on November 21, 

2013. 


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8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CRAWFORD

OF ARKANSAS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—EXEMPTIONS FOR TAKING 

MIGRATORY BIRDS ON CERTAIN AGRICULTURAL LAND 

SEC. l01. SHORT TITLE. 

This title may be cited as the ‘‘Hunter and Farmer Protection 

Act’’. 

SEC. l02. EXEMPTIONS ON CERTAIN LAND. 

Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is 

amended by adding at the end the following: 

‘‘(c) EXEMPTIONS ON CERTAIN LAND.— 

‘‘(1) IN GENERAL.—Nothing in this section prohibits the taking of any migratory game bird, including waterfowl, coots, and 

cranes, on or over land that— 

‘‘(A) contains— 

‘‘(i) a standing crop or flooded standing crop, including an aquatic crop; 

‘‘(ii) standing, flooded, or manipulated natural vegetation; 

‘‘(iii) flooded harvested cropland; or 

‘‘(iv) an area in a State on which seed or grain has 

been scattered solely as the result of an agricultural 

planting, harvesting, or post-harvest manipulation 

practice, or a soil stabilization practice, that the head 

of the State office of the Cooperative Extension System 

of the Department of Agriculture has determined in 

accordance with paragraph (2) to be a normal practice 

in that State; and 

‘‘(B) is not otherwise a baited area. 

‘‘(2) STATE DETERMINATIONS.— 

‘‘(A) IN GENERAL.—The head of a State office of the Cooperative Extension System may make a determination for 

purposes of paragraph (1)(A)(iv) upon the request of the 

Secretary of the Interior. 

‘‘(B) REVISIONS.—The head of a State office of the Cooperative Extension System may revise a determination 

under subparagraph (A) as the head of a State office determines to be necessary to reflect changing agricultural practices. 

‘‘(C) CONCURRENCE REQUIRED.—A determination or revision under this paragraph shall not be effective for purposes of this subsection unless the head of the State department of fish and wildlife concurs therein.’’. 


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9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLEMING

OF LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end of the bill, add the following (and conform the 

table of contents accordingly): 

SEC. 805. RESTRICTIONS ON HUNTING IN KISATCHIE NATIONAL FOREST. 

(a) HUNTING IN KISATCHIE NATIONAL FOREST.—Consistent with 

the Act of June 4, 1897 (16 U.S.C. 551), the Secretary of Agriculture may not restrict the use of dogs in deer hunting activities 

in Kisatchie National Forest, unless such restrictions— 

(1) apply to the smallest practicable portions of such unit; 

and 

(2) are necessary to reduce or control trespass onto land adjacent to such unit. 

(b) PRIOR RESTRICTIONS VOID.—Any restrictions regarding the 

use of dogs in deer hunting activities in Kisatchie National Forest 

in force on the date of the enactment of this Act shall be void and 

have no force or effect. 

(c) ADJACENT LANDOWNERS.—Landowners whose property abuts 

a unit of the Kisatchie National Forest may petition the Secretary 

of Agriculture to restrict the use of dogs in deer hunting activities 

that take place on such unit which abut their property. If the Secretary of Agriculture receives a petition from an adjacent landowner, the Secretary, after notice and opportunity for a hearing, 

may impose restrictions on the use of dogs in deer hunting— 

(1) limited to those units of the Kisatchie National Forest 

within 300 yards of the boundary of the petitioning landowner’s property; and 

(2) consistent with subsection (a). 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following: 

TITLE IX—CLIMATE CHANGE 

SEC. 901. AUTHORITY OF THE SECRETARY OF THE INTERIOR TO PLAN 

FOR A CHANGING CLIMATE. 

Nothing in this Act limits the authority of the Secretary of the 

Interior to include climate change as a consideration in making decisions related to conservation and recreation on public lands. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KILDEE

OF MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following: 


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TITLE IX—SENSE OF CONGRESS REGARDING SNOWMOBILES ON NATIONAL FOREST SYSTEM LANDS 

SEC. 901. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress finds the following: 

(1) The clear identification of roads, trails, and areas for 

motor vehicle use in each National Forest will improve management of National Forest System lands and protect these national treasures, enhance opportunities, and address access for 

motorized recreation experiences on National Forest System 

lands and preserve areas of opportunity in each National Forest for non-motorized travel and experiences. 

(2) The sport of snowmobiling supports thousands of jobs 

across the country and provides a variety of enriching recreational opportunities for both families and individuals. 

(3) In 2005, the Forest Service promulgated a Travel Management Rule that required travel management plans for offroad vehicles, with the exception of snowmobiles, on all lands 

managed by the Forest Service. 

(4) Under the 2005 Travel Management Rule, the Department of Agriculture deemed that the use of snowmobiles on 

National Forest System lands presented a different set of management issues and environmental impacts on National Forest 

System lands than the use of other types of motor vehicles. 

Therefore, the final rule exempted snowmobiles from the mandatory designation scheme provided for under section 212.51 of 

title 36, Code of Federal Regulations, but retained the National 

Forest System’s ability to allow, restrict or prohibit snowmobile 

travel, as appropriate, on a case-by-case basis. 

(5) In 2013, the Ninth U.S. District Court of Idaho ruled in 

the case captioned as Winter Wildlands Alliance v. US Forest 

Service, Case No. 1:11-cv-00586–REB, ruled that the Forest 

Service must promulgate travel management rules that include 

snowmobiles. The Ninth U.S. District Court of Idaho required 

that the final rule be promulgated by September 14, 2014, barring no additional extension. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Forest Service should continue to allow snowmobiles access to National Forest System lands at the same levels as were allowed as 

of March 28, 2013, subject to closures for public health and safety 

at the discretion of the respective agencies, until a final travel 

management rule is promulgated for snowmobiles. 

Æ 


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