19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–444 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4089) TO PROTECT 

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

APRIL 16, 2012.—Referred to the House Calendar and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 614] 

The Committee on Rules, having had under consideration House 

Resolution 614, by a nonrecord vote, 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. 4089, the 

Sportsmen’s Heritage Act of 2012, 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. The resolution makes in 

order as original text for purpose of amendment an amendment in 

the nature of a substitute consisting of Rules Committee Print 

112–19 and provides that it shall be considered as read. The resolution waives all points of order against the amendment in the nature of a substitute made in order as original text. 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. 

Section 2(a) of the resolution provides that the House-passed 

budget resolution (H. Con. Res. 112) shall have force and effect 

until the adoption of a conference report on the budget resolution. 

Finally, Section 2(b) of the resolution provides that the reconciliVerDate Mar 15 2010 03:27 Apr 17, 2012 Jkt 019008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR444.XXX HR444

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ation directives, provided in the House-passed budget resolution, to 

the Committee on Agriculture be decreased by $490 million and the 

directives to the Committee on Financial Services be increased by 

$490 million for the period of fiscal years 2012 and 2013. 

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. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute made in order as original 

text, 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. 208 

Motion by Mr. Hastings of Florida to report an open rule. Defeated: 2–8 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Mr. Hastings of Florida ................................... Yea 

Ms. Foxx ............................................................ Nay Mr. Polis ........................................................... Yea 

Mr. Bishop of Utah .......................................... Nay 

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

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

Mr. Scott of South Carolina ............................. Nay 

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

Mr. Dreier, Chairman ....................................... Nay 

Rules Committee record vote No. 209 

Motion by Mr. Hastings of Florida to make in order and provide 

the appropriate waivers for amendment #10, offered by Representative Connolly (VA), which would clarify that state ‘‘Stand Your 

Ground Laws’’ do not supersede federal public safety laws. Defeated: 2–8 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Mr. Hastings of Florida ................................... Yea 

Ms. Foxx ............................................................ Nay Mr. Polis ........................................................... Yea 

Mr. Bishop of Utah .......................................... Nay 

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

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

Mr. Scott of South Carolina ............................. Nay 

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

Mr. Dreier, Chairman ....................................... Nay 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Hastings, Doc (WA): Manager’s Amendment—Would add 

shooting ranges to the list of valid uses of public land and clarifies 


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the term ‘‘wilderness areas’’ by adding ‘‘including Wilderness Areas, 

Wilderness Study Areas, or lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas.’’ 

Would state that the protection given to hunting in wilderness 

areas is not intended to permit motorized recreation or mineral extraction and reduces the reporting requirements. Would address 

technical conflicts between Title I and Title II over certain Bureau 

of Land Management land and would make several technical 

changes. (10 minutes) 

2. Holt (NJ): Would make a technical correction to clarify that all 

units of the National Park System, not just National Parks and 

National Monuments, are exempt from Title I. National Park System units currently open for hunting or recreational shooting would 

not be affected. (10 minutes) 

3. Grijalva, Rau ́l (AZ): Would make the new restrictions on managing hunting, fishing and recreational shooting effective only if 

the amount of land available for those purposes falls below 75% of 

all federal public lands. (10 minutes) 

4. Peters (MI): Would strike a provision in the underlying bill allowing the importation of endangered polar bear trophies from 

Canada by hunters who killed the bears despite warnings that importation of the bears would likely be illegal. (10 minutes) 

5. Fleming (LA): Would prohibit the Forest Service from banning 

hunters with dogs during deer season on Kisatchie National Forest. 

(10 minutes) 

6. Bishop, Tim (NY): Would allow for recreational fishing of Atlantic Striped Bass in the Block Island Sound transit zone. (10 

minutes) 

7. Heinrich (NM): Would preserve hunting, fishing and recreational shooting in wilderness areas by specifying that the underlying bill will not allow development and motorized recreation in 

wilderness. (10 minutes) 

8. Foxx (NC): Would require Presidential monument designations 

provided for under the Antiquities Act to be approved by the state 

legislatures and governors where the proposed monument is located. (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 3, line 15, after ‘‘of Federal public lands,’’ insert ‘‘including 

the establishment of safe and convenient shooting ranges on such 

lands,’’. 

Page 5, line 4, strike ‘‘; or’’ and insert a semicolon. 

Page 5, line 6, strike the period and insert ‘‘; or’’. 

Page 5, after line 6, insert the following: 

(iii) the training of hunting dogs, including field 

trials. 

Page 6, line 5, strike ‘‘and waters’’ and insert ‘‘, including Wilderness Areas, Wilderness Study Areas, or lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas,’’. 

Page 7, line 20, after ‘‘(16 U.S.C. 668dd),’’ insert ‘‘as amended by 

the National Wildlife Refuge System Improvement Act of 1997,’’. 


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Page 8, strike lines 4 through 10 and insert the following: 

(C) 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. 

Page 8, line 13, strike ‘‘of’ ’’ the first place it appears. 

Page 8, line 15, strike ‘‘agency’’ and insert ‘‘agencies’’ 

Page 9, line 3, after ‘‘Forest Service, including’’ insert ‘‘Wilderness Areas, Wilderness Study Areas,’’. 

Page 9, beginning at line 18, strike ‘‘The head’’ and all that follows through line 21. 

Page 9, strike lines 23 through page 10, line 4 and insert the following: 

(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. 

Page 10, strike line 12 and all that follows through page 11, line 

3, and insert the following: 

(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 wilderness areas on Federal public lands shall constitute measures necessary to meet the minimum requirements for the administration of the wilderness area. 

(2) The term ‘‘within and supplemental to’’ Wilderness purposes in section 4(a) of Public Law 88–577, means that any requirements imposed by that Act shall be implemented only insofar as they do not prevent Federal public land management 

officials and State fish and wildlife officials from carrying out 

their wildlife conservation responsibilities or providing recreational opportunities on the Federal public lands subject to 

a wilderness designation. 

(3) Paragraphs (1) and (2) are not intended to authorize or 

facilitate commodity development, use, or extraction, or motorized recreational access or use. 

Page 11, strike line 4 and all that follows through line 6, and insert the following: 

(f) REPORT.—Not later than October 1 of every other year, beginning with the second October 1 after the date of the enactment of 

this Act, the head of each Federal agency who has 

Page 11, line 9, strike ‘‘publish in the Federal Register and’’. 


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Page 11, lines 14 through 18, redesignate subparagraphs (A) and 

(B) as paragraphs (1) and (2), respectively (and conform the margins accordingly). 

Page 11, strike line 19 and all that follows through page 12, line 

23, and insert the following (and redesignate the subsequent subsections accordingly): 

(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 and 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 1280 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. 

Page 12, after line 23, insert the following: 

(3) NATIONAL WILDLIFE REFUGE SYSTEM.—Nothing in this Act 

is intended to amend or modify the provisions of the National 

Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 

668dd et seq.), except as expressly provided herein. 

Page 13, line 22, after ‘‘license’’ insert ‘‘, fee,’’. 

Page 18, after line 18, insert the following: 

(j) CONTROLLING PROVISIONS.—In any instance when one or more 

provisions in title I and in this title may be construed to apply in 

an inconsistent manner to National Monument land, the provisions 

in this title shall take precedence and apply. 


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2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 12, strike line 24 and all that follows through page 13, line 

2 and insert the following: 

(g) AREAS NOT AFFECTED.—Nothing in this title requires the 

opening to hunting or recreational shooting of— 

(1) a national park or national monument under the jurisdiction of the National Park Service; or 

(2) a unit of the National Park System (that is not a national 

park or national monument) unless specifically provided by 

statute that such unit be open to hunting or recreational shooting. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRIJALVA

OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 14, after line 2, insert the following: 

SEC. 105. APPLICABILITY CONDITION. 

This title shall be in effect and apply only when less than 75 percent of Federal public land is available for hunting, fishing, or 

recreation shooting, as determined by the Secretary of the Interior. 

Page 18, after line 18, insert the following: 

SEC. 204. APPLICABILITY CONDITION. 

This title shall be in effect and apply only when less than 75 percent of Federal public land (as defined section 103) is available for 

hunting, fishing, or recreation shooting, as determined by the Secretary of the Interior. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETERS OF

MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike title III. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLEMING

OF LOUISIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, insert the following: 

TITLE V—HUNTING IN KISATCHIE 

NATIONAL FOREST 

SEC. 501. HUNTING IN KISATCHIE NATIONAL FOREST. 

(a) IN GENERAL.—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 


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

have no force or effect. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following new title: 

TITLE V—RECREATIONAL FISHING FOR 

ATLANTIC STRIPED BASS IN THE 

BLOCK ISLAND SOUND TRANSIT ZONE 

SEC. 501. RECREATIONAL FISHING FOR ATLANTIC STRIPED BASS IN 

THE BLOCK ISLAND SOUND TRANSIT ZONE. 

(a) IN GENERAL.—Except as provided in subsection (a), the Secretary shall not prohibit fishing for Atlantic Striped Bass in the 

Block Island Sound transit zone. 

(b) EXCEPTION.—This subsection does not limit the authority of 

the Secretary to establish seasonal or other temporary limitations 

on fishing that are specifically necessary for the conservation and 

management of Atlantic striped bass. 

(c) BLOCK ISLAND SOUND TRANSIT ZONE DEFINED.—In this subsection the term ‘‘Block Island Sound transit zone’’ means the area 

of the exclusive economic zone within Block Island Sound, north of 

a line connecting Montauk Light, Montauk Point, New York, and 

Block Island Southeast Light, Block Island, Rhode Island; and west 

of a line connecting Point Judith Light, Point Judith, Rhode Island, 

and Block Island Southeast Light, Block Island, Rhode Island. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HEINRICH

OF NEW MEXICO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following: 

TITLE V—ACTIVITIES WITHIN WILDERNESS OR LAND MANAGED AS WILDERNESS 

SEC. 501. ACTIVITIES WITHIN WILDERNESS OR LAND MANAGED AS 

WILDERNESS. 

Nothing in this Act shall be construed to allow oil and gas development, mining, logging, or motorized activity on Federal public 

land (as defined in section 103) designated or managed as wilderness. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOXX OF

NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following: 


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TITLE V—DESIGNATION OF AND RESTRICTIONS ON NATIONAL MONUMENTS 

SEC. 501. DESIGNATION OF AND RESTRICTIONS ON NATIONAL MONUMENTS. 

(a) DESIGNATION.—No national monument designated by presidential proclamation shall be valid until the Governor and the legislature of each State within the boundaries of the proposed national monument have approved of such designation. 

(b) RESTRICTIONS.—The Secretary of the Interior shall not implement any restrictions on the public use of a national monument 

until the expiration of an appropriate review period (determined by 

the Secretary of the Interior) providing for public input.’’. 

Æ 


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