19–006 

112TH CONGRESS REPT. 112–426 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

SPORTSMEN’S HERITAGE ACT OF 2012 

APRIL 13, 2012.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 4089] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 4089) to protect and enhance opportunities for recreational hunting, fishing and shooting, having considered the 

same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Sportsmen’s Heritage Act of 

2012’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

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. 


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TITLE IV—HUNTING, FISHING, AND RECREATIONAL SHOOTING PROTECTION 

Sec. 401. Short title. 

Sec. 402. Modification of definition. 

TITLE I—RECREATIONAL FISHING AND 

HUNTING HERITAGE AND OPPORTUNITIES 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Recreational Fishing and Hunting Heritage and 

Opportunities Act’’. 

SEC. 102. 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, 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 12962, relating to recreational fisheries, and Executive Order 13443, relating to facilitation of hunting heritage and wildlife conservation. 

SEC. 103. DEFINITION. 

In this title: 

(1) FEDERAL PUBLIC LAND.— 

(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘‘Federal public land’’ means any land or water that is— 

(i) owned by the United States; and 

(ii) managed by a Federal agency (including the Department of the 

Interior and the Forest Service) for purposes that include the conservation of natural resources. 

(B) EXCLUSION.—The term ‘‘Federal public land’’ does not include any 

land or water held in trust for the benefit of Indians or other Native Americans. 

(2) 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; or 

(ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife. 

(B) EXCLUSION.—The term ‘‘hunting’’ does not include the use of skilled 

volunteers to cull excess animals (as defined by other Federal law, including laws applicable to the National Park System). 


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(3) 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. 

(4) 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. 104. RECREATIONAL FISHING, HUNTING, AND SHOOTING. 

(a) IN GENERAL.—Subject to valid existing rights and subsection (g), and cooperation with the respective State and fish and wildlife agency, Federal public land management officials shall exercise their authority under existing law, including provisions regarding land use planning, to facilitate use of and access to Federal public 

lands and waters 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) EFFECTS OF PLANS AND ACTIVITIES.— 

(A) 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, travel management plans, general 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. 

(B) NOT MAJOR FEDERAL ACTION.—No action taken under this title, 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, 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. 

(C) OTHER ACTIVITY NOT CONSIDERED.—The fact that recreational fishing, 

hunting, or shooting occurs on adjacent or nearby public or private lands 

shall not be considered in determining which Federal public lands are open 

for these activities or for setting levels of use for these activities. 

(2) USE OF VOLUNTEERS.—If hunting is prohibited by law, all Federal public 

land planning documents of listed in paragraph (1)(A) of an agency shall, after 

appropriate coordination with State fish and wildlife agency, allow the participation of skilled volunteers in the culling and other management of wildlife populations on Federal public lands unless the head of the agency demonstrates, 

based on the best scientific data available or applicable Federal statutes, why 

skilled volunteers shall not be used to control overpopulations of wildlife on the 

land that is the subject of the planning documents. 

(d) BUREAU OF LAND MANAGEMENT AND FOREST SERVICE LANDS.— 

(1) LANDS OPEN.—Lands under the jurisdiction of the Bureau of Land Management and the Forest Service, including lands designated as wilderness or administratively classified as wilderness eligible or suitable and primitive or semiprimitive areas 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 

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tees, protection of private property rights or interests, national security, or compliance with other law. The head of the agency shall publish public notice of 

such closure or restriction before it is effective, unless the closure or restriction 

is mandated by other law. 

(2) SHOOTING RANGES.— 

(A) IN GENERAL.—The head of each Federal agency— 

(i) may lease its lands for shooting ranges; and 

(ii) may designate specific lands 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.— 

(1) 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 ‘‘within and supplemental to’’ Wilderness purposes, as provided in 

Public Law 88–577, section 4(c), means that any requirements imposed by that 

Act shall be implemented only insofar as they facilitate or enhance the original 

or primary purpose or purposes for which the Federal public lands or Federal 

public land unit was established and do not materially interfere with or hinder 

such purpose or purposes. 

(f) ANNUAL REPORT.— 

(1) IN GENERAL.—Not later than October 1 of each year, the head of each Federal agency who has authority to manage Federal public land on which fishing, 

hunting, or recreational shooting occurs shall publish in the Federal Register 

and 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— 

(A) 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 

(B) the reason for the closure. 

(2) CLOSURES OR SIGNIFICANT RESTRICTIONS OF 640 OR MORE ACRES.— 

(A) IN GENERAL.—Other than closures under subsection (c), the withdrawal, any change of classification, or any change of management status 

that effectively closes or significantly restricts 640 or more contiguous acres 

of Federal public land or water 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 or water— 

(i) publishes notice of the closure, withdrawal, or significant restriction; 

(ii) demonstrates that coordination has occurred with a State fish and 

wildlife agency; and 

(iii) 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, change, or significant 

restriction. 

(B) AGGREGATE OR CUMULATIVE EFFECTS.—If the aggregate or cumulative 

effect of small closures or significant restrictions affects 640 or more acres, 

such small closures or significant restrictions shall be subject to these requirements. 

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

park or national monuments under the jurisdiction of the National Park Service to 

hunting or recreational shooting. 

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

(i) CONSULTATION WITH COUNCILS.—In fulfilling the duties set forth in this title, 

the heads of Federal agencies shall consult with respective advisory councils as established in Executive Orders 12962 and 13443. 

(j) AUTHORITY OF THE STATES.— 

(1) IN GENERAL.—Nothing in this title shall be construed as interfering with, 

diminishing, or conflicting with the authority, jurisdiction, or responsibility of 

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cluding regulations) on land or water within the State, including on Federal 

public land. 

(2) FEDERAL LICENSES.—Nothing in this title authorizes the head of a Federal 

agency head to require a license 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.). 

TITLE II—RECREATIONAL SHOOTING 

PROTECTION 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Recreational Shooting Protection Act’’. 

SEC. 202. DEFINITIONS. 

In this title: 

(1) DIRECTOR.—The term ‘‘Director’’ means the Director of the Bureau of Land 

Management. 

(2) NATIONAL MONUMENT LAND.—The term ‘‘National Monument land’’ has 

the meaning given that term in the Act of June 8, 1908 (commonly known as 

the ‘‘Antiquities Act’’; 16 U.S.C. 431 et seq.). 

(3) RECREATIONAL SHOOTING.—The term ‘‘recreational shooting’’ includes 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. 203. RECREATIONAL SHOOTING. 

(a) IN GENERAL.—Subject to valid existing rights, National Monument land under 

the jurisdiction of the Bureau of Land Management shall be open to access and use 

for recreational shooting, except such closures and restrictions determined by the 

Director to be necessary and reasonable and supported by facts and evidence for one 

or more of the following: 

(1) Reasons of national security. 

(2) Reasons of public safety. 

(3) To comply with an applicable Federal statute. 

(4) To comply with a law (including regulations) of the State in which the National Monument land is located that is applicable to recreational shooting. 

(b) NOTICE; REPORT.— (1) REQUIREMENT.—Except as set forth in paragraph (2)(B), before a restriction or closure under subsection (a) is made effective, the Director shall— 

(A) publish public notice of such closure or restriction in a newspaper of 

general circulation in the area where the closure or restriction will be carried out; and 

(B) submit to Congress a report detailing the location and extent of, and 

evidence justifying, such a closure or restriction. 

(2) TIMING.—The Director shall issue the notice and report required under 

paragraph (1)— 

(A) before the closure if practicable without risking national security or 

public safety; and 

(B) in cases where such issuance is not practicable for reasons of national 

security or public safety, not later than 30 days after the closure. 

(c) CESSATION OF CLOSURE OR RESTRICTION.—A closure or restriction under paragraph (1) or (2) of subsection (a) shall cease to be effective— 

(1) effective on the day after the last day of the six-month period beginning 

on the date on which the Director submitted the report to Congress under subsection (b)(2) regarding the closure or restriction, unless the closure or restriction has been approved by Federal law; and 

(2) 30 days after the date of the enactment of a Federal law disapproving the 

closure or restriction. 

(d) MANAGEMENT.—Consistent with subsection (a), the Director shall manage National Monument land under the jurisdiction of the Bureau of Land Management— 

(1) in a manner that supports, promotes, and enhances recreational shooting 

opportunities; 

(2) to the extent authorized under State law (including regulations); and 

(3) in accordance with applicable Federal law (including regulations). 

(e) LIMITATION ON DUPLICATIVE CLOSURES OR RESTRICTIONS.—Unless supported 

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tor may not issue a closure or restriction under subsection (a) that is substantially 

similar to closure or restriction previously issued that was not approved by Federal 

law. 

(f) EFFECTIVE DATE FOR PRIOR CLOSURES AND RESTRICTIONS.—On the date that 

is six months after the date of the enactment of this Act, this title shall apply to 

closures and restrictions in place on the date of the enactment of this title that relate to access and use for recreational shooting on National Monument land under 

the jurisdiction of the Bureau of Land Management. 

(g) ANNUAL REPORT.—Not later than October 1 of each year, the Director 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 National Monument land under the jurisdiction of the Bureau of Land 

Management that was closed to recreational shooting or on which recreational 

shooting was restricted at any time during the preceding year; and 

(2) the reason for the closure. 

(h) NO PRIORITY.—Nothing in this title requires the Director to give preference 

to recreational shooting over other uses of Federal public land or over land or water 

management priorities established by Federal law. 

(i) AUTHORITY OF THE STATES.— 

(1) SAVINGS.—Nothing in this title affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under 

State law (including regulations) on land or water in the State, including Federal public land. 

(2) FEDERAL LICENSES.—Nothing in this title authorizes the Director to require a license for recreational shooting on land or water in a State, including 

on Federal public land in the State. 

TITLE III—POLAR BEAR CONSERVATION AND 

FAIRNESS 

SEC. 301. SHORT TITLE. 

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

SEC. 302. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT HUNTS 

IN CANADA. 

Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 

1374(c)(5)(D)) is amended to read as follows: 

‘‘(D)(i) The Secretary of the Interior shall, expeditiously after the expiration 

of the applicable 30-day period under subsection (d)(2), issue a permit for the 

importation of any polar bear part (other than an internal organ) from a polar 

bear taken in a sport hunt in Canada to any person— 

‘‘(I) who submits, with the permit application, proof that the polar bear 

was legally harvested by the person before February 18, 1997; or 

‘‘(II) who has submitted, in support of a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested by the 

person before May 15, 2008, from a polar bear population from which a 

sport-hunted trophy could be imported before that date in accordance with 

section 18.30(i) of title 50, Code of Federal Regulations. 

‘‘(ii) The Secretary shall issue permits under clause (i)(I) without regard to 

subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 

101 and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). 

This clause shall not apply to polar bear parts that were imported before June 

12, 1997. 

‘‘(iii) The Secretary shall issue permits under clause (i)(II) without regard to 

subparagraph (C)(ii) of this paragraph or subsection (d)(3). Sections 101(a)(3)(B) 

and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). This clause shall not apply to polar 

bear parts that were imported before the date of enactment of the Polar Bear 

Conservation and Fairness Act of 2012.’’. 


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TITLE IV—HUNTING, FISHING, AND 

RECREATIONAL SHOOTING PROTECTION 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Hunting, Fishing, and Recreational Shooting Protection Act’’. 

SEC. 402. MODIFICATION OF DEFINITION. 

Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)) is 

amended— 

(1) in clause (v), by striking ‘‘, and’’ and inserting ‘‘, or any component of any 

such article including, without limitation, shot, bullets and other projectiles, 

propellants, and primers,’’; 

(2) in clause (vi) by striking the period at the end and inserting ‘‘, and’’; and 

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

‘‘(vii) any sport fishing equipment (as such term is defined in subsection (a) of section 4162 of the Internal Revenue Code of 1986) the 

sale of which is subject to the tax imposed by section 4161(a) of such 

Code (determined without regard to any exemptions from such tax as 

provided by section 4162 or 4221 or any other provision of such Code), 

and sport fishing equipment components.’’. 

PURPOSE OF THE BILL

The purpose of H.R. 4089, as ordered reported, is to protect and 

enhance opportunities for recreational hunting, fishing and shooting. 

BACKGROUND AND NEED FOR LEGISLATION

The Sportsmen’s Heritage Act of 2012 (H.R. 4089), clarifies federal authorities and policies for the management of hunting and 

fishing on public lands. It provides additional protections for continued public access to public land for the purpose of recreational 

fishing, hunting, and shooting sports on U.S. Forest Service (FS) 

and Bureau of Land Management (BLM) lands and allows the importation of certain trophies that were legally obtained. The bill 

also protects the use of traditional ammunition and fishing tackle 

from new Environmental Protection Agency (EPA) regulation. H.R. 

4089 is derived from four separate bills that are among the hunting 

and fishing community’s highest legislative priorities. 

The provisions of Title I of H.R. 4089 require federal land managers to support and facilitate public use and access for hunting, 

fishing and recreational shooting and create an ‘‘open until closed’’ 

management regime for these activities on FS and BLM land, but 

does not give these uses priority over other multiple uses. It requires an evaluation of the impact on hunting, fishing and recreational shooting into all land and resource planning and eliminates redundancies in environmental review of hunting, fishing 

and recreational shooting opportunities. The bill restates, in unambiguous language, Congress’s consistent position that BLM and FS 

lands designated as wilderness, wilderness eligible, or suitable and 

primitive or semi-primitive areas, are open to all legal forms of 

hunting, fishing and recreational shooting unless there are good 

reasons to close such areas. The bill further forecloses opportunities 

for continued nuisance lawsuits by classifying hunting, fishing and 

recreational shooting as ‘‘necessary’’ to meet the minimum requirements for the administration of wilderness. Title I of the bill is deVerDate Mar 15 2010 04:41 Apr 14, 2012 Jkt 019006 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR426P1.XXX HR426P1

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rived from H.R. 2834, the Recreational Fishing and Hunting Heritage and Opportunities Act, sponsored by Dan Benishek (R–MI). 

Title II of H. R. 4089 sets as a general policy for BLM that national monument lands are open and accessible for recreational 

shooting, and requires BLM to justify recreational shooting closures or restrictions on national monument lands for reasons of national security, public safety or to comply with federal and state 

laws or regulations. It requires public notice of such closures or restrictions and a report to Congress detailing the location and evidence justifying the closure or restriction before any such restriction or closure occurs. Title II is the text of H.R. 3440, the Recreational Shooting Protection Act, sponsored by Jeff Flake (R–AZ). 

Title III of the bill consists of the text of H.R. 991, the Polar Bear 

Conservation and Fairness Act of 2011, sponsored by Don Young 

(R–AK). For additional information about this bill, please see 

House Report 112–308. 

Finally, Title IV of the bill also protects the use of traditional 

ammunition and fishing tackle by reiterating and clarifying existing law to clearly limit EPA’s authority under the Toxic Substances 

Control Act (TSCA). It amends the TSCA to allow for the sale of 

traditional ammunition and fishing tackle that is subject to federal 

excise tax. Title IV of the bill is the text of H.R. 1558, sponsored 

by Congressman Jeff Miller (R-FL). 

COMMITTEE ACTION

H.R. 4089 was introduced on February 27, 2012, by Congressman 

Jeff Miller (R–FL). The bill was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture 

and the Committee on Energy and Commerce. On September 9, 

2011, the Subcommittee on National Parks, Forests and Public 

Lands held a hearing on H.R. 2834, the Recreational Fishing and 

Hunting Heritage and Opportunities Act, sponsored by Dan 

Benishek (R–MI), which is Title I of H.R. 4089. On January 24, 

2012, the Subcommittee on National Parks, Forests and Public 

Lands held a hearing on H.R. 3440, the Recreational Shooting Protection Act, sponsored by Jeff Flake (R–AZ), which is Title II of 

H.R. 4089. On May 12, 2011, the Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs held a hearing on H.R. 991, the 

Polar Bear Conservation and Fairness Act of 2011, sponsored by 

Don Young (R–AK), which is Title III of H.R. 4089. Title IV of the 

bill is the text of H.R. 1558, sponsored by Congressman Jeff Miller. 

On February 29, 2012, the Full Natural Resources Committee met 

to consider the bill. Congressman Rob Bishop (R–UT) offered 

amendment designated #1 to the bill; the amendment was approved by voice vote. Congressman Ra ́ul Grijalva (D–AZ) offered 

amendment designated .052 to the bill; the amendment was not 

adopted by a bipartisan roll call vote of 17 to 24, as follows: 


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Congressman Ra ́ul Grijalva (D–AZ) offered amendment designated .053 to the bill; the amendment was not adopted by a bipartisan roll call vote of 16 to 26, as follows: 


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The bill, as amended, was then adopted and ordered favorably 

reported to the House of Representatives by a bipartisan roll call 

vote of 27 to 16, as follows: 


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SECTION-BY-SECTION ANALYSIS

Title I. Recreational Fishing and Hunting Heritage and Opportunities Act. 

Title I is derived from the Recreational Fishing and Hunting 

Heritage Opportunities Act (H.R. 2834). It requires federal land 

managers to support and facilitate use and access for hunting, fishing and recreational shooting and creates an ‘‘open until closed’’ 

management regime for these activities, but does not give these 

uses priority over other multiple uses on Forest Service and Bureau of Land Management (BLM) land. It requires an evaluation 

of the impact on hunting, fishing and recreational shooting in all 

land and resource planning and eliminates redundancies in environmental review of hunting, fishing and recreational shooting opportunities. It protects hunting rights in Wilderness areas from 

nuisance by finding recreational shooting as ‘‘necessary’’ to meet 

the minimum requirements for the administration of wilderness. In 

doing so, however, it does not open wilderness areas to motorized 

travel or commercial extractive industry. 

Title II. Recreational Shooting Protection Act. 

Title II is derived from the Recreational Shooting Protection Act 

(H.R. 3440). It ensures that National Monument land under the jurisdiction of the Bureau of Land Management (BLM) will remain 

open to access and use for recreational shooting (consistent with 

State law) and any closures or restrictions that are deemed necessary must be supported by facts and evidence for reasons of national security, public safety or to comply with an applicable federal statute. Furthermore, before any restriction or closure occurs, 

BLM must publish public notice of such closure or restriction in the 

local newspaper and submit a report to Congress detailing the location and evidence justifying the closure or restriction. If a closure 

or restriction is issued by BLM, it will require Congressional approval or cease to be effective six months after the report to Congress or 30 days following a resolution of disapproval. BLM would 

also be prohibited from issuing a closure or restriction that is substantially similar to one previously issued that was not approved 

by federal law. 

Title III. Polar Bear Conservation and Fairness Act of 2012. 

Title III is derived from the Polar Bear Conservation and Fairness Act of 2011 (H.R. 991) that amends the Marine Mammal Protection Act of 1972 to direct the Secretary of the Interior to issue 

a permit for the importation of polar bear parts taken in a sport 

hunt in Canada, if legally done before: (1) February 18, 1997; or 

(2) May 15, 2008, from a bear population from which a sport-hunted trophy could be imported before such date. For additional information, see House Report 112–308. 

Title IV. Hunting, Fishing, and Recreational Shooting Protection 

Act. 

Title IV is derived from the Hunting, Fishing, and Recreational 

Shooting Protection Act (H.R. 1558) that amends the Toxic Substances Control Act (TSCA) to exclude from the definition of ‘‘chemical substance’’ for purposes of such Act: (1) any component of any 


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pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment 

or components the sale of which is subject to federal excise tax on 

sport fishing equipment. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that Rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 4089—Sportsmen’s Heritage Act of 2012 

Summary: H.R. 4089 would require federal land management 

agencies to provide access to certain federal lands for hunting, fishing, and recreational shooting. The bill also would allow hunters to 

import certain polar bear remains. Based on information provided 

by the affected agencies, CBO estimates that implementing the legislation would cost $12 million over the 2013–2016 period, assuming appropriation of the necessary amounts. Enacting H.R. 4089 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 4089 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2013 2014 2015 2016 2017 2013- 

2017 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level .................................................................. 4 4 4 0 0 12 

Estimated Outlays .................................................................................... 3 4 4 1 0 12 

Basis of estimate: For this estimate, CBO assumes that H.R. 

4089 will be enacted in 2012, that the necessary funds will be proVerDate Mar 15 2010 04:41 Apr 14, 2012 Jkt 019006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR426P1.XXX HR426P1

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vided for each fiscal year, and that spending will follow historical 

patterns for similar activities of the Bureau of Land Management 

(BLM). 

Title II would require BLM to allow recreational shooting on 

lands included in national monuments in eight western states. 

Based on information provided by the agency regarding the cost of 

amending land use plans and environmental analyses for the affected areas, CBO estimates that implementing title II would cost 

$12 million over the 2013–2017 period, assuming appropriation of 

the necessary amounts. 

Title I would direct BLM, the Forest Service, and other land 

management agencies to use existing authorities to make certain 

federal lands available for activities such as hunting, fishing, and 

recreational shooting. Because those activities are allowed on most 

federal lands under current law and because the bill would limit 

the amount of environmental and land use planning that would be 

required if new areas were opened to those activities, CBO estimates that implementing title I would have no significant impact 

on the budgets of the affected agencies. 

Title III would require the Secretary of the Interior to issue permits to hunters seeking to import polar bear remains from Canada 

that were acquired during hunts that took place prior to the polar 

bear being listed as a threatened species under the Endangered 

Species Act (ESA). Only hunters who submitted applications for 

permits to import such remains prior to May 15, 2008, the date the 

polar bear was listed under ESA, would be eligible to receive a permit under the bill. Based on information from the U.S. Fish and 

Wildlife Service, CBO estimates that processing and issuing the 

roughly 40 permits that would be affected by the legislation would 

have a negligible impact on the federal budget. 

Pay-as-you-go considerations: None. 

Intergovernmental and private-sector impact: H.R. 4089 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Previous CBO estimates: On December 13, 2011, CBO transmitted a cost estimate for H.R. 2834, the Recreational Fishing and 

Hunting Heritage and Opportunities Act, as ordered reported by 

the House Committee on Natural Resources on November 17, 2011. 

Title I of H.R. 4089 contains provisions similar to those in H.R. 

2834, and the CBO cost estimates for those provisions are the 

same. 

On November 1, 2011, CBO transmitted a cost estimate for H.R. 

991, the Polar Bear Conservation and Fairness Act of 2011, as ordered reported by the House Committee on Natural Resources on 

October 5, 2011. Title III of H.R. 4089 contains provisions similar 

to those in H.R. 991, and the CBO cost estimates for those provisions are the same. 

Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 

State, Local, and Tribal Governments: Melissa Merrell; Impact on 

the Private Sector: Amy Petz. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of RepresentaVerDate Mar 15 2010 04:41 Apr 14, 2012 Jkt 019006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR426P1.XXX HR426P1

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tives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

Based on information provided by the affected agencies, CBO estimates that implementing the legislation would cost $12 million 

over the 2013–2016 period, assuming appropriation of the necessary amounts. Enacting H.R. 4089 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill, as ordered reported, is to protect and enhance opportunities for recreational hunting, fishing and shooting. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates as defined under Public 

Law 104–4. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

MARINE MAMMAL PROTECTION ACT OF 1972 

* * * * * * * 

TITLE I—CONSERVATION AND PROTECTION OF MARINE 

MAMMALS 

* * * * * * * 

PERMITS

SEC. 104. (a) * * * 

* * * * * * * 

(c)(1) * * * 

* * * * * * * 

(5)(A) * * * 

* * * * * * * 

ø(D) The Secretary of the Interior shall, expeditiously after the 

expiration of the applicable 30 day period under subsection (d)(2), 

issue a permit for the importation of polar bear parts (other than 

internal organs) from polar bears taken in sport hunts in Canada 


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before the date of enactment of the Marine Mammal Protection Act 

Amendments of 1994, to each applicant who submits, with the permit application, proof that the polar bear was legally harvested in 

Canada by the applicant. The Secretary shall issue such permits 

without regard to the provisions of subparagraphs (A) and (C)(ii) of 

this paragraph, subsection (d)(3) of this section, and sections 101 

and 102. This subparagraph shall not apply to polar bear parts 

that were imported before the effective date of this subparagraph.¿ 

(D)(i) The Secretary of the Interior shall, expeditiously after the 

expiration of the applicable 30-day period under subsection (d)(2), 

issue a permit for the importation of any polar bear part (other than 

an internal organ) from a polar bear taken in a sport hunt in Canada to any person— 

(I) who submits, with the permit application, proof that the 

polar bear was legally harvested by the person before February 

18, 1997; or 

(II) who has submitted, in support of a permit application 

submitted before May 15, 2008, proof that the polar bear was 

legally harvested by the person before May 15, 2008, from a 

polar bear population from which a sport-hunted trophy could 

be imported before that date in accordance with section 18.30(i) 

of title 50, Code of Federal Regulations. 

(ii) The Secretary shall issue permits under clause (i)(I) without 

regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102. Sections 101(a)(3)(B) and 

102(b)(3) shall not apply to the importation of any polar bear part 

authorized by a permit issued under clause (i)(I). This clause shall 

not apply to polar bear parts that were imported before June 12, 

1997. 

(iii) The Secretary shall issue permits under clause (i)(II) without 

regard to subparagraph (C)(ii) of this paragraph or subsection 

(d)(3). Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued 

under clause (i)(II). This clause shall not apply to polar bear parts 

that were imported before the date of enactment of the Polar Bear 

Conservation and Fairness Act of 2012. 

* * * * * * * 

TOXIC SUBSTANCES CONTROL ACT 

TITLE I—CONTROL OF TOXIC SUBSTANCES 

* * * * * * * 

SEC. 3. DEFINITIONS. 

As used in this Act: 

(1) * * * 

(2)(A) * * * 

(B) Such term does not include— 

(i) * * * 

* * * * * * * 

(v) any article the sale of which is subject to the tax imposed 

by section 4181 of the Internal Revenue Code of 1954 (determined without regard to any exemptions from such tax proVerDate Mar 15 2010 04:41 Apr 14, 2012 Jkt 019006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6601 E:\HR\OC\HR426P1.XXX HR426P1

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vided by section 4182 or 4221 or any other provision of such 

Code)ø, and¿, or any component of any such article including, 

without limitation, shot, bullets and other projectiles, propellants, and primers, 

(vi) any food, food additive, drug, cosmetic, or device (as such 

terms are defined in section 201 of the Federal Food, Drug, 

and Cosmetic Act) when manufactured, processed, or distributed in commerce for use as a food, food additive, drug, cosmetic, or deviceø.¿, and 

(vii) any sport fishing equipment (as such term is defined in 

subsection (a) of section 4162 of the Internal Revenue Code of 

1986) the sale of which is subject to the tax imposed by section 

4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any 

other provision of such Code), and sport fishing equipment components. 

The term ‘‘food’’ as used in clause (vi) of this subparagraph includes 

poultry and poultry products (as defined in sections 4(e) and 4(f) 

of the Poultry Products Inspection Act), meat and meat food products (as defined in section 1(j) of the Federal Meat Inspection Act), 

and eggs and egg products (as defined in section 4 of the Egg Products Inspection Act). 

* * * * * * * 


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DISSENTING VIEWS 

H.R. 4089 is a solution in search of a problem. A majority of federal lands are available for hunting and fishing activities. There is 

broad agreement that hunting, fishing, trapping, and other wildlife-dependent activities have always taken place on our federal 

lands and should continue to take place on our federal lands. The 

number of visitors to public lands who engage in hunting, fishing, 

and other wildlife-dependent activities remain constant and quite 

high. 

The Fish and Wildlife Service administers the National Wildlife 

Refuge System, consisting of 553 refuges and 38 wetland areas together comprising over 150 million acres of federal land. Approximately 375 refuges have hunting programs with slightly fewer having fishing programs. The National Park Service provides similar 

opportunities for hunting and fishing for the 84 million acres they 

manage. Roughly 70 percent of NPS lands are available for hunting. The Bureau of Land Management (BLM) is responsible for 245 

million acres of land with over 95 percent open to hunting and 98 

percent open for recreational shooting. 

The legislation before us is a puzzling combination of stand-alone 

bills packaged to purportedly represent the interest of sportsmen 

and women. Instead of broadening support and building consensus, 

the combination of these bills is more controversial than the sum 

of the parts. 

Title I of the legislation is focused on hunting and fishing access 

on federal lands. The standalone legislation, H.R. 2834, was opposed by the Administration and considered highly controversial 

when brought before the Committee. We fully support hunting, 

fishing, trapping and other wildlife-dependant recreational activities on public lands, including in designated wilderness. Instead of 

restating the value of recreational activities on public lands, Title 

I includes sweeping provision that would effectively rewrite the 

Wilderness Act, National Environmental Policy Act (NEPA), and 

the National Wildlife Refuge System Administration Act. Subcommittee Ranking Member Grijalva offered amendments to strike 

these provisions from the bill but was defeated on largely partyline votes. 

Title II of the legislation creates a cumbersome and beltway driven process that ties the hands of local land managers to manage 

our national monuments and protect health and safety. Despite 

having more than 98% of lands open for recreational shooting, Title 

II would only allow the Director of the BLM to make 6 month closures of monument lands to shooting for any reason. 

Any long-term closure would require an Act of Congress. Again, 

the Administration testified in opposition to the stand alone legislation (H.R. 3440) and Democrats raised strong objections during 

subcommittee consideration. 


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Title III of the bill overrides important laws related to importation of endangered wildlife by allowing a select group of hunters to 

import polar bears that were hunted just prior to be listed as endangered species. The stand-alone bill, H.R. 991 has been before 

the Committee a number of times and has always been considered 

controversial. There are 41 hunters who had killed a polar bear 

and had pending importation permit applications when the polar 

bear became listed. These hunters were warned by extensive outreach by the Fish and Wildlife Service that a prohibition would be 

placed on polar bear trophy imports if a listing occurred. Hunters 

also gave warnings to each other. The Hunting Report, with over 

5000 subscribers, told its readers in 2007, ‘‘The bottom line is, no 

American hunter should be putting hard, non-returnable money 

down on a polar bear hunt at this point.’’ These provisions would 

change the laws of the nation to provide special treatment to fortyone individuals. It creates an incentive for other trophy hunters to 

ask Congress for exemptions for their own hunts on marine mammals, which are listed or proposed for listing. Congressman Young 

has introduced this bill three times since the polar bear was placed 

on the Endangered Species list in May of 2008. 

Title IV of the bill amends the Toxic Substances Control Act 

(TSCA), a law enacted in 1976 to provide the Environmental Protection Agency (EPA) with the authority to require reporting, testing, and restrictions related to the use of chemical substances or 

mixtures of chemical substances. In recognition of the regulatory 

authority that existed under other statutes and/or Federal agencies, Congress exempted some potentially toxic substances from 

TSCA. Examples of such exemptions include special nuclear material (used to construct nuclear weapons and regulated by the Department of Energy and the Nuclear Regulatory Commission) food 

and drugs (related by the Food and Drug Administration and the 

Department of Agriculture) and pesticides (regulated by EPA under 

a different statute). 

H.R. 4089 adds ‘‘shot, bullets and other projectiles, propellants, 

and primers’’ and ‘‘any sport fishing equipment . . . and sport fishing equipment components’’ to the list of items that are exempted 

from TSCA. The exemptions in existing law were predicated on the 

fact that these substances were already being regulated under different statutory authority or by a different Federal agency. The exemptions contemplated in H.R. 4089 appear to be predicated on the 

Majority’s belief that these items should not be regulated by anyone at all, no matter how toxic the substances from which they are 

made may be. No official from the EPA was invited to testify on 

Title IV of H.R. 4089. 

True threats to access for hunters and anglers are the privatization of these public resources, degraded habitat due to lack of funding, and development that disrupts wildlife habitat and water quality. The Majority frequently laments that federal lands dominate 

the West, ‘‘robbing’’ local communities of a tax base. They have proposed turning some lands over to the states, liquidating others, and 

intensively developing what is left. Even widely supported programs embraced by hunters, trappers, and anglers, like the Land 

and Water Conservation Fund, are targets of their anti-federal efforts. 


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Hunting and fishing are enormously popular activities on federal 

lands and support a multimillion dollar industry, employing tens of 

thousands of people in outfitting, guiding, and equipment manufacturing. Instead of embracing this engine of economic prosperity, the 

Majority is legislating on anecdotes and rumors, rewriting existing 

laws based on one story from here or one allegation from there. 

Legislation based on anecdotes rather than facts can have disastrous, unintended consequences. 

Promoting more hunting and fishing activities on federal land involves ensuring that habitat is protected, acquiring new lands to 

expand existing habitat, funding wildlife and habitat management, 

and continuing to ensure that our parks, forests, monuments, and 

wildlife areas remain public. 

Instead of pursuing an agenda that would advance those objectives, this Majority has approved this legislation, which consists of 

a series of confusing management mandates that collectively undermine federal land manager’s ability to ensure access for today’s 

sportsmen and habitat for tomorrow. It uses an issue on which 

there is broad agreement—the importance of hunting and fishing 

on public lands—as a cover to make harmful, backdoor changes to 

conservation laws. As a result, enactment of H.R. 4089 would destroy wildlife habitat, limit opportunities for the recreational pursuits the bill claims to protect, and creates a dangerous precedent 

allowing for the importation of trophies of endangered wildlife. 

EDWARD J. MARKEY, 

Ranking Member. 

RAU ́ L M. GRIJALVA. 

NIKI TSONGAS. 

GRACE F. NAPOLITANO. 

DALE KILDEE. 

MADELEINE Z. BORDALLO. 

GREGORIO KILILI CAMACHO

SABLAN. 

PAUL S. TONKO. 

RUSH HOLT. 


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