II 

Calendar No. 143 

113TH CONGRESS 

1ST SESSION S. 1335 

To protect and enhance opportunities for recreational hunting, fishing, and 

shooting, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2013 

Ms. MURKOWSKI introduced the following bill; which was read twice and 

ordered placed on the calendar 

A BILL 

To protect and enhance opportunities for recreational 

hunting, fishing, and shooting, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Sportsmen’s Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—RECREATIONAL SHOOTING 


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Sec. 101. Recreational fishing, hunting, and recreational shooting on Federal 

public land. 

Sec. 102. Transporting bows through National Parks. 

Sec. 103. Firearms at water resources development projects. 

Sec. 104. Permits for importation of polar bear trophies taken in sport hunts 

in Canada. 

Sec. 105. Target practice and marksmanship training on Federal land. 

TITLE II—DUCK STAMPS 

Sec. 201. Exemption for subsistence users. 

Sec. 202. Electronic duck stamps. 

TITLE III—REAUTHORIZATIONS 

Sec. 301. Federal Land Transaction Facilitation Act. 

Sec. 302. North American Wetlands Conservation Act. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Modification of definition of sport fishing equipment under the Toxic 

Substances Control Act. 

Sec. 402. Annual permit and fee for film crews of 5 persons or fewer. 

1 TITLE I—RECREATIONAL 

2 SHOOTING 

3 SEC. 101. RECREATIONAL FISHING, HUNTING, AND REC4 REATIONAL SHOOTING ON FEDERAL PUBLIC 

5 LAND. 

6 (a) DEFINITIONS.—In this section: 

7 (1) FEDERAL PUBLIC LAND.— 

8 (A) IN GENERAL.—The term ‘‘Federal 

9 public land’’ means any land or water that is— 

10 (i) owned by the United States; and 

11 (ii) managed by a Federal agency (in12 cluding the Department of the Interior and 

13 the Forest Service) for purposes that in14 clude the conservation of natural resources. 


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1 (B) EXCLUSIONS.—The term ‘‘Federal 

2 public land’’ does not include— 

3 (i) land or water held or managed in 

4 trust for the benefit of Indians or other 

5 Native Americans; 

6 (ii) land or water managed by the Di7 rector of the National Park Service or the 

8 Director of the United States Fish and 

9 Wildlife Service; 

10 (iii) fish hatcheries; or 

11 (iv) conservation easements on private 

12 land. 

13 (2) HUNTING.— 

14 (A) IN GENERAL.—The term ‘‘hunting’’ 

15 means use of a firearm, bow, or other author16 ized means in the lawful— 

17 (i) pursuit, shooting, capture, collec18 tion, trapping, or killing of wildlife; or 

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

20 collect, trap, or kill wildlife. 

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

22 does not include the use of skilled volunteers to 

23 cull excess animals (as defined by other Federal 

24 law). 


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1 (3) RECREATIONAL FISHING.—The term ‘‘rec2 reational fishing’’ means— 

3 (A) an activity for sport or for pleasure 

4 that involves— 

5 (i) the lawful catching, taking, or har6 vesting of fish; or 

7 (ii) the lawful attempted catching, 

8 taking, or harvesting of fish; or 

9 (B) any other activity for sport or pleasure 

10 that can reasonably be expected to result in the 

11 lawful catching, taking, or harvesting of fish. 

12 (4) RECREATIONAL SHOOTING.—The term 

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

14 training, competition, or pastime, whether formal or 

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

17 (b) RECREATIONAL FISHING, HUNTING, AND REC18 REATIONAL SHOOTING.— 

19 (1) IN GENERAL.—Subject to valid existing 

20 rights, and in cooperation with the respective State 

21 and fish and wildlife agency, a Federal public land 

22 management official shall exercise the authority of 

23 the official under existing law (including provisions 

24 regarding land use planning) to facilitate use of and 

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1 ing, hunting, and recreational shooting except as 

2 limited by— 

3 (A) any law that authorizes action or with4 holding action for reasons of national security, 

5 public safety, or resource conservation; 

6 (B) any other Federal law that precludes 

7 recreational fishing, hunting, or recreational 

8 shooting on specific Federal public land or 

9 water or units of Federal public land; and 

10 (C) discretionary limitations on rec11 reational fishing, hunting, and recreational 

12 shooting determined to be necessary and rea13 sonable as supported by the best scientific evi14 dence and advanced through a transparent pub15 lic process. 

16 (2) MANAGEMENT.—Consistent with paragraph 

17 (1), the head of each Federal public land manage18 ment agency shall exercise the land management dis19 cretion of the head— 

20 (A) in a manner that supports and facili21 tates recreational fishing, hunting, and rec22 reational shooting opportunities; 

23 (B) to the extent authorized under applica24 ble State law; and 


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1 (C) in accordance with applicable Federal 

2 law. 

3 (3) PLANNING.— 

4 (A) EFFECTS OF PLANS AND ACTIVI5 TIES.— 

6 (i) EVALUATION OF EFFECTS ON OP7 PORTUNITIES TO ENGAGE IN REC8 REATIONAL FISHING, HUNTING, OR REC9 REATIONAL SHOOTING.—Federal public 

10 land planning documents (including land 

11 resources management plans, resource 

12 management plans, travel management 

13 plans, and energy development plans) shall 

14 include a specific evaluation of the effects 

15 of the plans on opportunities to engage in 

16 recreational fishing, hunting, or rec17 reational shooting. 

18 (ii) OTHER ACTIVITY NOT CONSID19 ERED.— 

20 (I) IN GENERAL.—Federal public 

21 land management officials shall not be 

22 required to consider the existence or 

23 availability of recreational fishing, 

24 hunting, or recreational shooting op25 portunities on private or public land 


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1 that is located adjacent to, or in the 

2 vicinity of, Federal public land for 

3 purposes of— 

4 (aa) planning for or deter5 mining which units of Federal 

6 public land are open for rec7 reational fishing, hunting, or rec8 reational shooting; or 

9 (bb) setting the levels of use 

10 for recreational fishing, hunting, 

11 or recreational shooting on Fed12 eral public land. 

13 (II) ENHANCED OPPORTUNI14 TIES.—Federal public land manage15 ment officials may consider the oppor16 tunities described in subclause (I) if 

17 the combination of those opportunities 

18 would enhance the recreational fish19 ing, hunting, or shooting opportunities 

20 available to the public. 

21 (B) USE OF VOLUNTEERS.—If hunting is 

22 prohibited by law, all Federal public land plan23 ning documents described in subparagraph 

24 (A)(i) of an agency shall, after appropriate co25 ordination with State fish and wildlife agencies, 


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1 allow the participation of skilled volunteers in 

2 the culling and other management of wildlife 

3 populations on Federal public land unless the 

4 head of the agency demonstrates, based on the 

5 best scientific data available or applicable Fed6 eral law, why skilled volunteers should not be 

7 used to control overpopulation of wildlife on the 

8 land that is the subject of the planning docu9 ment. 

10 (4) BUREAU OF LAND MANAGEMENT AND FOR11 EST SERVICE LAND.— 

12 (A) LAND OPEN.— 

13 (i) IN GENERAL.—Land under the ju14 risdiction of the Bureau of Land Manage15 ment or the Forest Service (including a 

16 component of the National Wilderness 

17 Preservation System, land designated as a 

18 wilderness study area or administratively 

19 classified as wilderness eligible or suitable, 

20 and primitive or semiprimitive areas, but 

21 excluding land on the outer Continental 

22 Shelf) shall be open to recreational fishing, 

23 hunting, and recreational shooting unless 

24 the managing Federal public land agency 

25 acts to close the land to the activity. 


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1 (ii) MOTORIZED ACCESS.—Nothing in 

2 this subparagraph authorizes or requires 

3 motorized access or the use of motorized 

4 vehicles for recreational fishing, hunting, 

5 or recreational shooting purposes within 

6 land designated as a wilderness study area 

7 or administratively classified as wilderness 

8 eligible or suitable. 

9 (B) CLOSURE OR RESTRICTION.—Land de10 scribed in subparagraph (A)(i) may be subject 

11 to closures or restrictions if determined by the 

12 head of the agency to be necessary and reason13 able and supported by facts and evidence for 

14 purposes including resource conservation, public 

15 safety, energy or mineral production, energy 

16 generation or transmission infrastructure, water 

17 supply facilities, protection of other permittees, 

18 protection of private property rights or inter19 ests, national security, or compliance with other 

20 law, as determined appropriate by the Director 

21 of the Bureau of Land Management or the 

22 Chief of the Forest Service, as applicable. 

23 (C) SHOOTING RANGES.— 

24 (i) IN GENERAL.—Except as provided 

25 in clause (iii), the head of each Federal 


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1 public land agency may use the authorities 

2 of the head, in a manner consistent with 

3 this section and other applicable law— 

4 (I) to lease or permit use of land 

5 under the jurisdiction of the head for 

6 shooting ranges; and 

7 (II) to designate specific land 

8 under the jurisdiction of the head for 

9 recreational shooting activities. 

10 (ii) LIMITATION ON LIABILITY.—Any 

11 designation under clause (i)(II) shall not 

12 subject the United States to any civil ac13 tion or claim for monetary damages for in14 jury or loss of property or personal injury 

15 or death caused by any recreational shoot16 ing activity occurring at or on the des17 ignated land. 

18 (iii) EXCEPTION.—The head of each 

19 Federal public land agency shall not lease 

20 or permit use of Federal public land for 

21 shooting ranges or designate land for rec22 reational shooting activities within includ23 ing a component of the National Wilder24 ness Preservation System, land designated 

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1 tively classified as wilderness eligible or 

2 suitable, and primitive or semiprimitive 

3 areas. 

4 (5) REPORT.—Not later than October 1 of 

5 every other year, beginning with the second October 

6 1 after the date of enactment of this Act, the head 

7 of each Federal public land agency who has author8 ity to manage Federal public land on which rec9 reational fishing, hunting, or recreational shooting 

10 occurs shall submit to the Committee on Natural 

11 Resources of the House of Representatives and the 

12 Committee on Energy and Natural Resources of the 

13 Senate a report that describes— 

14 (A) any Federal public land administered 

15 by the agency head that was closed to rec16 reational fishing, hunting, or recreational shoot17 ing at any time during the preceding year; and 

18 (B) the reason for the closure. 

19 (6) CLOSURES OR SIGNIFICANT RESTRICTIONS

20 OF 1,280 OR MORE ACRES.— 

21 (A) IN GENERAL.—Other than closures es22 tablished or prescribed by land planning actions 

23 referred to in paragraph (4)(B) or emergency 

24 closures described in subparagraph (C), a per25 manent or temporary withdrawal, change of 


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1 classification, or change of management status 

2 of Federal public land or water that effectively 

3 closes or significantly restricts 1,280 or more 

4 contiguous acres of Federal public land or 

5 water to access or use for recreational fishing 

6 or hunting or activities relating to fishing or 

7 hunting shall take effect only if, before the date 

8 of withdrawal or change, the head of the Fed9 eral public land agency that has jurisdiction 

10 over the Federal public land or water— 

11 (i) publishes appropriate notice of the 

12 withdrawal or change, respectively; 

13 (ii) demonstrates that coordination 

14 has occurred with a State fish and wildlife 

15 agency; and 

16 (iii) submits to the Committee on 

17 Natural Resources of the House of Rep18 resentatives and the Committee on Energy 

19 and Natural Resources of the Senate writ20 ten notice of the withdrawal or change, re21 spectively. 

22 (B) AGGREGATE OR CUMULATIVE EF23 FECTS.—If the aggregate or cumulative effect 

24 of separate withdrawals or changes effectively 

25 closes or significantly restricts or affects 1,280 


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1 or more acres of land or water, the withdrawals 

2 and changes shall be treated as a single with3 drawal or change for purposes of subparagraph 

4 (A). 

5 (C) EMERGENCY CLOSURES.— 

6 (i) IN GENERAL.—Nothing in this sec7 tion prohibits a Federal public land man8 agement agency from establishing or im9 plementing emergency closures or restric10 tions of the smallest practicable area of 

11 Federal public land to provide for public 

12 safety, resource conservation, national se13 curity, or other purposes authorized by 

14 law. 

15 (ii) TERMINATION.—An emergency 

16 closure under clause (i) shall terminate 

17 after a reasonable period of time unless the 

18 temporary closure is converted to a perma19 nent closure consistent with this section. 

20 (7) NO PRIORITY.—Nothing in this section re21 quires a Federal agency to give preference to rec22 reational fishing, hunting, or recreational shooting 

23 over other uses of Federal public land or over land 

24 or water management priorities established by other 

25 Federal law. 


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1 (8) CONSULTATION WITH COUNCILS.—In car2 rying out this section, the heads of Federal public 

3 land agencies shall consult with the appropriate ad4 visory councils established under Executive Order 

5 12962 (16 U.S.C. 1801 note; relating to recreational 

6 fisheries) and Executive Order 13443 (16 U.S.C. 

7 661 note; relating to facilitation of hunting heritage 

8 and wildlife conservation). 

9 (9) AUTHORITY OF STATES.— 

10 (A) IN GENERAL.—Nothing in this section 

11 interferes with, diminishes, or conflicts with the 

12 authority, jurisdiction, or responsibility of any 

13 State to manage, control, or regulate fish and 

14 wildlife under State law (including regulations) 

15 on land or water within the State, including on 

16 Federal public land. 

17 (B) FEDERAL LICENSES.— 

18 (i) IN GENERAL.—Except as provided 

19 in clause (ii), nothing in this subsection 

20 authorizes the head of a Federal public 

21 land agency head to require a license, fee, 

22 or permit to fish, hunt, or trap on land or 

23 water in a State, including on Federal pub24 lic land in the State. 


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1 (ii) MIGRATORY BIRD STAMPS.—Noth2 ing in this subparagraph affects any mi3 gratory bird stamp requirement of the Mi4 gratory Bird Hunting and Conservation 

5 Stamp Act (16 U.S.C. 718a et seq.). 

6 SEC. 102. TRANSPORTING BOWS THROUGH NATIONAL 

7 PARKS. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) bowhunters are known worldwide as among 

10 the most skilled, ethical, and conservation-minded of 

11 all hunters; 

12 (2) bowhunting organizations at the Federal, 

13 State, and local level contribute significant financial 

14 and human resources to wildlife conservation and 

15 youth education programs throughout the United 

16 States; and 

17 (3) bowhunting contributes $38,000,000,000 

18 each year to the economy of the United States. 

19 (b) POSSESSION OF BOWS IN UNITS OF NATIONAL

20 PARK SYSTEM.— 

21 (1) IN GENERAL.—Subject to paragraph (2), 

22 the Secretary of the Interior shall permit individuals 

23 carrying bows and crossbows to traverse units of the 

24 National Park System if the traverse is— 


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1 (A) for the sole purpose of hunting on ad2 jacent public or private land; and 

3 (B) the most direct means of access to the 

4 adjacent land. 

5 (2) USE.—Nothing in this section authorizes 

6 the use of the bows or crossbows that are being car7 ried while at units of the National Park System. 

8 SEC. 103. FIREARMS AT WATER RESOURCES DEVELOPMENT 

9 PROJECTS. 

10 (a) FINDINGS.—Congress finds that— 

11 (1) the Second Amendment to the Constitution 

12 provides that ‘‘the right of the people to keep and 

13 bear Arms, shall not be infringed’’; 

14 (2) section 327.13 of title 36, Code of Federal 

15 Regulations (as in effect on the date of enactment 

16 of this Act), provides that, except in special cir17 cumstances, ‘‘possession of loaded firearms, ammu18 nition, loaded projectile firing devices, bows and ar19 rows, crossbows, or other weapons is prohibited’’ at 

20 water resources development projects administered 

21 by the Secretary of the Army; 

22 (3) the regulations described in paragraph (2) 

23 prevent individuals complying with Federal and 

24 State laws from exercising the Second Amendment 


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1 rights of the individuals while at such water re2 sources development projects; and 

3 (4) the Federal laws should make it clear that 

4 the Second Amendment rights of an individual at a 

5 water resources development project should not be 

6 infringed. 

7 (b) PROTECTING THE RIGHT OF INDIVIDUALS TO

8 BEAR ARMS AT WATER RESOURCES DEVELOPMENT

9 PROJECTS.—The Secretary of the Army shall not promul10 gate or enforce any regulation that prohibits an individual 

11 from possessing a firearm including an assembled or func12 tional firearm at a water resources development project 

13 covered under section 327.0 of title 36, Code of Federal 

14 Regulations (as in effect on the date of enactment of this 

15 Act), if— 

16 (1) the individual is not otherwise prohibited by 

17 law from possessing the firearm; and 

18 (2) the possession of the firearm is in compli19 ance with the law of the State in which the water 

20 resources development project is located. 


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1 SEC. 104. PERMITS FOR IMPORTATION OF POLAR BEAR 

2 TROPHIES TAKEN IN SPORT HUNTS IN CAN3 ADA. 

4 Section 104(c)(5) of the Marine Mammal Protection 

5 Act of 1972 (16 U.S.C. 1374(c)(5)) is amended by strik6 ing subparagraph (D) and inserting the following: 

7 ‘‘(D) POLAR BEAR PARTS.— 

8 ‘‘(i) IN GENERAL.—Notwithstanding 

9 subparagraphs (A) and (C)(ii), subsection 

10 (d)(3), and sections 101 and 102, the Sec11 retary of the Interior shall, expeditiously 

12 after the date on which the expiration of 

13 the applicable 30-day period described in 

14 subsection (d)(2) expires, issue a permit 

15 for the importation of any polar bear part 

16 (other than an internal organ) from a 

17 polar bear taken in a sport hunt in Canada 

18 to any person— 

19 ‘‘(I) who submits, with the per20 mit application, proof that the polar 

21 bear was legally harvested by the per22 son before February 18, 1997; or 

23 ‘‘(II) who submitted, with a per24 mit application submitted before May 

25 15, 2008, proof that the polar bear 

26 was legally harvested from a polar 


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1 bear population from which a sport2 hunted trophy could be imported be3 fore May 15, 2008, in accordance 

4 with section 18.30(i) of title 50, Code 

5 of Federal Regulations (or a successor 

6 regulation) by the person before May 

7 15, 2008. 

8 ‘‘(ii) APPLICABILITY OF PROHIBITION

9 ON THE IMPORTATION OF A DEPLETED

10 SPECIES.— 

11 ‘‘(I) PARTS LEGALLY HARVESTED

12 BEFORE FEBRUARY 18, 1997.— 

13 ‘‘(aa) IN GENERAL.—Sec14 tions 101(a)(3)(B) and 102(b)(3) 

15 shall not apply to the importation 

16 of any polar bear part authorized 

17 by a permit issued under clause 

18 (i)(I). 

19 ‘‘(bb) APPLICABILITY.— 

20 Item (aa) shall not apply to polar 

21 bear parts imported before June 

22 12, 1997. 

23 ‘‘(II) PARTS LEGALLY HAR24 VESTED BEFORE MAY 15, 2008.— 


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1 ‘‘(aa) IN GENERAL.—Sec2 tions 101(a)(3)(B) and 102(b)(3) 

3 shall not apply to the importation 

4 of any polar bear part authorized 

5 by a permit issued under clause 

6 (i)(II). 

7 ‘‘(bb) APPLICABILITY.— 

8 Item (aa) shall not apply to polar 

9 bear parts imported before the 

10 date of enactment of the Sports11 men’s Act .’’. 

12 SEC. 105. TARGET PRACTICE AND MARKSMANSHIP TRAIN13 ING ON FEDERAL LAND. 

14 (a) FINDINGS; PURPOSE.— 

15 (1) FINDINGS.—Congress finds that— 

16 (A) the use of firearms and archery equip17 ment for target practice and marksmanship 

18 training activities on Federal land is allowed, 

19 except to the extent specific portions of that 

20 land have been closed to those activities; 

21 (B) in recent years preceding the date of 

22 enactment of this Act, portions of Federal land 

23 have been closed to target practice and marks24 manship training for many reasons; 


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1 (C) the availability of public target ranges 

2 on non-Federal land has been declining for a 

3 variety of reasons, including continued popu4 lation growth and development near former 

5 ranges; 

6 (D) providing opportunities for target 

7 practice and marksmanship training at public 

8 target ranges on Federal and non-Federal land 

9 can help— 

10 (i) to promote enjoyment of shooting, 

11 recreational, and hunting activities; and 

12 (ii) to ensure safe and convenient lo13 cations for those activities; 

14 (E) Federal law in effect on the date of en15 actment of this Act, including the Pittman-Rob16 ertson Wildlife Restoration Act (16 U.S.C. 669 

17 et seq.), provides Federal support for construc18 tion and expansion of public target ranges by 

19 making available to States amounts that may 

20 be used for construction, operation, and mainte21 nance of public target ranges; and 

22 (F) it is in the public interest to provide 

23 increased Federal support to facilitate the con24 struction or expansion of public target ranges. 


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1 (2) PURPOSE.—The purpose of this section is 

2 to facilitate the construction and expansion of public 

3 target ranges, including ranges on Federal land 

4 managed by the Forest Service and the Bureau of 

5 Land Management. 

6 (b) DEFINITION OF PUBLIC TARGET RANGE.—In 

7 this section, the term ‘‘public target range’’ means a spe8 cific location that— 

9 (1) is identified by a governmental agency for 

10 recreational shooting; 

11 (2) is open to the public; 

12 (3) may be supervised; and 

13 (4) may accommodate archery or rifle, pistol, or 

14 shotgun shooting. 

15 (c) AMENDMENTS TO PITTMAN-ROBERTSON WILD16 LIFE RESTORATION ACT.— 

17 (1) DEFINITIONS.—Section 2 of the Pittman18 Robertson Wildlife Restoration Act (16 U.S.C. 

19 669a) is amended— 

20 (A) by redesignating paragraphs (2) 

21 through (8) as paragraphs (3) through (9), re22 spectively; and 

23 (B) by inserting after paragraph (1) the 

24 following: 


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1 ‘‘(2) the term ‘public target range’ means a 

2 specific location that— 

3 ‘‘(A) is identified by a governmental agen4 cy for recreational shooting; 

5 ‘‘(B) is open to the public; 

6 ‘‘(C) may be supervised; and 

7 ‘‘(D) may accommodate archery or rifle, 

8 pistol, or shotgun shooting;’’. 

9 (2) EXPENDITURES FOR MANAGEMENT OF

10 WILDLIFE AREAS AND RESOURCES.—Section 8(b) of 

11 the Pittman-Robertson Wildlife Restoration Act (16 

12 U.S.C. 669g(b)) is amended— 

13 (A) by striking ‘‘(b) Each State’’ and in14 serting the following: 

15 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD16 LIFE AREAS AND RESOURCES.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), each State’’; 

19 (B) in paragraph (1) (as so designated), by 

20 striking ‘‘construction, operation,’’ and insert21 ing ‘‘operation’’; 

22 (C) in the second sentence, by striking 

23 ‘‘The non-Federal share’’ and inserting the fol24 lowing: 


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1 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 

2 share’’; 

3 (D) in the third sentence, by striking ‘‘The 

4 Secretary’’ and inserting the following: 

5 ‘‘(4) REGULATIONS.—The Secretary’’; and 

6 (E) by inserting after paragraph (1) (as 

7 designated by subparagraph (A)) the following: 

8 ‘‘(2) EXCEPTION.—Notwithstanding the limita9 tion described in paragraph (1), a State may pay up 

10 to 90 percent of the cost of acquiring land for, ex11 panding, or constructing a public target range.’’. 

12 (3) FIREARM AND BOW HUNTER EDUCATION

13 AND SAFETY PROGRAM GRANTS.—Section 10 of the 

14 Pittman-Robertson Wildlife Restoration Act (16 

15 U.S.C. 669h–1) is amended— 

16 (A) in subsection (a), by adding at the end 

17 the following: 

18 ‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 

19 Of the amount apportioned to a State for any fiscal 

20 year under section 4(b), the State may elect to allo21 cate not more than 10 percent, to be combined with 

22 the amount apportioned to the State under para23 graph (1) for that fiscal year, for acquiring land for, 

24 expanding, or constructing a public target range.’’; 


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1 (B) by striking subsection (b) and insert2 ing the following: 

3 ‘‘(b) COST SHARING.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the Federal share of the cost of any activ6 ity carried out using a grant under this section shall 

7 not exceed 75 percent of the total cost of the activ8 ity. 

9 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

10 EXPANSION.—The Federal share of the cost of ac11 quiring land for, expanding, or constructing a public 

12 target range in a State on Federal or non-Federal 

13 land pursuant to this section or section 8(b) shall 

14 not exceed 90 percent of the cost of the activity.’’; 

15 and 

16 (C) in subsection (c)(1)— 

17 (i) by striking ‘‘Amounts made’’ and 

18 inserting the following: 

19 ‘‘(A) IN GENERAL.—Except as provided in 

20 subparagraph (B), amounts made’’; and 

21 (ii) by adding at the end the fol22 lowing: 

23 ‘‘(B) EXCEPTION.—Amounts provided for 

24 acquiring land for, constructing, or expanding a 

25 public target range shall remain available for 


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1 expenditure and obligation during the 5-fiscal2 year period beginning on October 1 of the first 

3 fiscal year for which the amounts are made 

4 available.’’. 

5 (d) LIMITS ON LIABILITY.— 

6 (1) DISCRETIONARY FUNCTION.—For purposes 

7 of chapter 171 of title 28, United States Code (com8 monly known as the ‘‘Federal Tort Claims Act’’), 

9 any action by an agent or employee of the United 

10 States to manage or allow the use of Federal land 

11 for purposes of target practice or marksmanship 

12 training by a member of the public shall be consid13 ered to be the exercise or performance of a discre14 tionary function. 

15 (2) CIVIL ACTION OR CLAIMS.—Except to the 

16 extent provided in chapter 171 of title 28, United 

17 States Code (commonly known as the ‘‘Federal Tort 

18 Claims Act’’), the United States shall not be subject 

19 to any civil action or claim for money damages for 

20 any injury to or loss of property, personal injury, or 

21 death caused by an activity occurring at a public 

22 target range that is— 

23 (A) funded in whole or in part by the Fed24 eral Government pursuant to the Pittman-RobVerDate Mar 15 2010 22:15 Jul 18, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.PCS S1335

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1 ertson Wildlife Restoration Act (16 U.S.C. 669 

2 et seq.); or 

3 (B) located on Federal land. 

4 (e) SENSE OF CONGRESS REGARDING COOPERA5 TION.—It is the sense of Congress that, consistent with 

6 applicable laws (including regulations), the Chief of the 

7 Forest Service and the Director of the Bureau of Land 

8 Management should cooperate with State and local au9 thorities and other entities to carry out waste removal and 

10 other activities on any Federal land used as a public target 

11 range to encourage continued use of that land for target 

12 practice or marksmanship training. 

13 TITLE II—DUCK STAMPS 

14 SEC. 201. EXEMPTION FOR SUBSISTENCE USERS. 

15 Section 3(h)(2) of the Fish and Wildlife Improvement 

16 Act of 1978 (16 U.S.C. 712(1)) is amended by adding 

17 at the end the following: ‘‘A taking authorized under this 

18 section shall be exempt from the prohibition on taking 

19 under section 1 of the Migratory Bird Hunting and Con20 servation Stamp Act (16 U.S.C. 718a).’’. 

21 SEC. 202. ELECTRONIC DUCK STAMPS. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ACTUAL STAMP.—The term ‘‘actual stamp’’ 

24 means a Federal migratory-bird hunting and con25 servation stamp required under the Act of March 


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1 16, 1934 (16 U.S.C. 718a et seq.) (popularly known 

2 as the ‘‘Duck Stamp Act’’), that is printed on paper 

3 and sold through the means established by the au4 thority of the Secretary immediately before the date 

5 of enactment of this Act. 

6 (2) AUTOMATED LICENSING SYSTEM.— 

7 (A) IN GENERAL.—The term ‘‘automated 

8 licensing system’’ means an electronic, comput9 erized licensing system used by a State fish and 

10 wildlife agency to issue hunting, fishing, and 

11 other associated licenses and products. 

12 (B) INCLUSION.—The term ‘‘automated li13 censing system’’ includes a point-of-sale, Inter14 net, telephonic system, or other electronic appli15 cations used for a purpose described in sub16 paragraph (A). 

17 (3) ELECTRONIC STAMP.—The term ‘‘electronic 

18 stamp’’ means an electronic version of an actual 

19 stamp that— 

20 (A) is a unique identifier for the individual 

21 to whom it is issued; 

22 (B) can be printed on paper or produced 

23 through an electronic application with the same 

24 indicators as the State endorsement provides; 


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1 (C) is issued through a State automated li2 censing system that is authorized, under State 

3 law and by the Secretary under this section, to 

4 issue electronic stamps; 

5 (D) is compatible with the hunting licens6 ing system of the State that issues the elec7 tronic stamp; and 

8 (E) is described in the State application 

9 approved by the Secretary under subsection 

10 (c)(3). 

11 (4) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 (b) AUTHORITY TO ISSUE ELECTRONIC DUCK

14 STAMPS.— 

15 (1) IN GENERAL.—The Secretary may author16 ize any State to issue electronic stamps in accord17 ance with this section. 

18 (2) CONSULTATION.—The Secretary shall im19 plement this section in consultation with State man20 agement agencies. 

21 (c) STATE APPLICATION.— 

22 (1) APPROVAL OF APPLICATION REQUIRED.— 

23 The Secretary may not authorize a State to issue 

24 electronic stamps under this section unless the SecVerDate Mar 15 2010 22:15 Jul 18, 2013 Jkt 029200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.PCS S1335

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1 retary has received and approved an application sub2 mitted by the State in accordance with this section. 

3 (2) NUMBER OF NEW STATES.—The Secretary 

4 may determine the number of new States per year 

5 to participate in the electronic stamp program. 

6 (3) CONTENTS OF APPLICATION.—The Sec7 retary may not approve a State application unless 

8 the application contains— 

9 (A) a description of the format of the elec10 tronic stamp that the State will issue under this 

11 section, including identifying features of the li12 censee that will be specified on the stamp; 

13 (B) a description of any fee the State will 

14 charge for issuance of an electronic stamp; 

15 (C) a description of the process the State 

16 will use to account for and transfer to the Sec17 retary the amounts collected by the State that 

18 are required to be transferred to the Secretary 

19 under the program; 

20 (D) the manner by which the State will 

21 transmit electronic stamp customer data to the 

22 Secretary; 

23 (E) the manner by which actual stamps 

24 will be delivered; 


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1 (F) the policies and procedures under 

2 which the State will issue duplicate electronic 

3 stamps; and 

4 (G) such other policies, procedures, and in5 formation as may be reasonably required by the 

6 Secretary. 

7 (4) PUBLICATION OF DEADLINES, ELIGIBILITY

8 REQUIREMENTS, AND SELECTION CRITERIA.—Not 

9 later than 30 days before the date on which the Sec10 retary begins accepting applications under this sec11 tion, the Secretary shall publish— 

12 (A) deadlines for submission of applica13 tions; 

14 (B) eligibility requirements for submitting 

15 applications; and 

16 (C) criteria for approving applications. 

17 (d) STATE OBLIGATIONS AND AUTHORITIES.— 

18 (1) DELIVERY OF ACTUAL STAMP.—The Sec19 retary shall require that each individual to whom a 

20 State sells an electronic stamp under this section 

21 shall receive an actual stamp— 

22 (A) by not later than the date on which 

23 the electronic stamp expires under subsection 

24 (e)(3); and 


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1 (B) in a manner agreed upon by the State 

2 and Secretary. 

3 (2) COLLECTION AND TRANSFER OF ELEC4 TRONIC STAMP REVENUE AND CUSTOMER INFORMA5 TION.— 

6 (A) REQUIREMENT TO TRANSMIT.—The 

7 Secretary shall require each State authorized to 

8 issue electronic stamps to collect and submit to 

9 the Secretary in accordance with this sub10 section— 

11 (i) the first name, last name, and 

12 complete mailing address of each individual 

13 that purchases an electronic stamp from 

14 the State; 

15 (ii) the face value amount of each 

16 electronic stamp sold by the State; and 

17 (iii) the amount of the Federal por18 tion of any fee required by the agreement 

19 for each stamp sold. 

20 (B) TIME OF TRANSMITTAL.—The Sec21 retary shall require the submission under sub22 paragraph (A) to be made with respect to sales 

23 of electronic stamps by a State according to the 

24 written agreement between the Secretary and 

25 the State agency. 


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1 (C) ADDITIONAL FEES NOT AFFECTED.— 

2 This section shall not apply to the State portion 

3 of any fee collected by a State under paragraph 

4 (3). 

5 (3) ELECTRONIC STAMP ISSUANCE FEE.—A 

6 State authorized to issue electronic stamps may 

7 charge a reasonable fee to cover costs incurred by 

8 the State and the Department of the Interior in 

9 issuing electronic stamps under this section, includ10 ing costs of delivery of actual stamps. 

11 (4) DUPLICATE ELECTRONIC STAMPS.—A State 

12 authorized to issue electronic stamps may issue a 

13 duplicate electronic stamp to replace an electronic 

14 stamp issued by the State that is lost or damaged. 

15 (5) LIMITATION ON AUTHORITY TO REQUIRE

16 PURCHASE OF STATE LICENSE.—A State may not 

17 require that an individual purchase a State hunting 

18 license as a condition of issuing an electronic stamp 

19 under this section. 

20 (e) ELECTRONIC STAMP REQUIREMENTS; RECOGNI21 TION OF ELECTRONIC STAMP.— 

22 (1) STAMP REQUIREMENTS.—The Secretary 

23 shall require an electronic stamp issued by a State 

24 under this section— 


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1 (A) to have the same format as any other 

2 license, validation, or privilege the State issues 

3 under the automated licensing system of the 

4 State; and 

5 (B) to specify identifying features of the li6 censee that are adequate to enable Federal, 

7 State, and other law enforcement officers to 

8 identify the holder. 

9 (2) RECOGNITION OF ELECTRONIC STAMP.— 

10 Any electronic stamp issued by a State under this 

11 section shall, during the effective period of the elec12 tronic stamp— 

13 (A) bestow upon the licensee the same 

14 privileges as are bestowed by an actual stamp; 

15 (B) be recognized nationally as a valid 

16 Federal migratory bird hunting and conserva17 tion stamp; and 

18 (C) authorize the licensee to hunt migra19 tory waterfowl in any other State, in accordance 

20 with the laws of the other State governing that 

21 hunting. 

22 (3) DURATION.—An electronic stamp issued by 

23 a State shall be valid for a period agreed to by the 

24 State and the Secretary, which shall not exceed 45 

25 days. 


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1 (f) TERMINATION OF STATE PARTICIPATION.—The 

2 authority of a State to issue electronic stamps under this 

3 section may be terminated— 

4 (1) by the Secretary, if the Secretary— 

5 (A) finds that the State has violated any of 

6 the terms of the application of the State ap7 proved by the Secretary under subsection (c); 

8 and 

9 (B) provides to the State written notice of 

10 the termination by not later than the date that 

11 is 30 days before the date of termination; or 

12 (2) by the State, by providing written notice to 

13 the Secretary by not later than the date that is 30 

14 days before the termination date. 

15 TITLE III—REAUTHORIZATIONS 

16 SEC. 301. FEDERAL LAND TRANSACTION FACILITATION 

17 ACT. 

18 The Federal Land Transaction Facilitation Act is 

19 amended— 

20 (1) in section 202(5) (43 U.S.C. 2301(5))— 

21 (A) in subparagraph (B), by striking 

22 ‘‘and’’ after the semicolon at the end; 

23 (B) in subparagraph (C), by inserting 

24 ‘‘and’’ after the semicolon at the end; and 

25 (C) by adding at the end the following: 


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1 ‘‘(D) provide an opportunity to reduce the 

2 Federal budget deficit;’’; 

3 (2) in section 203(2) (43 U.S.C. 2302(2)), by 

4 striking ‘‘on the date of enactment of this Act was’’ 

5 and inserting ‘‘is’’; 

6 (3) in section 205 (43 U.S.C. 2304)— 

7 (A) in subsection (a), by striking ‘‘ap8 proved land use plans (as in effect on the date 

9 of enactment of this Act)’’ and inserting ‘‘the 

10 most recent approved land use plans’’; and 

11 (B) in subsection (d), by striking ‘‘11 

12 years after the date of enactment of this Act’’ 

13 and inserting ‘‘15 years after the date of enact14 ment of the Sportsmen’s Act’’; 

15 (4) in section 206 (43 U.S.C. 2305)— 

16 (A) in subsection (a)— 

17 (i) by striking ‘‘the gross proceeds of 

18 the sale or exchange of public land under 

19 this Act’’ and inserting ‘‘30 percent of the 

20 gross proceeds of the sale or exchange of 

21 public land under this title’’; and 

22 (ii) by inserting before the period at 

23 the end the following: ‘‘and the balance of 

24 the gross proceeds shall be deposited in the 

25 general fund of the United States Treasury 


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1 and used for Federal budget deficit reduc2 tion’’; and 

3 (B) by striking subsection (f); and 

4 (5) in section 207(b) (43 U.S.C. 2306(b))— 

5 (A) in paragraph (1)— 

6 (i) by striking ‘‘96–568’’ and insert7 ing ‘‘96–586’’; and 

8 (ii) by striking ‘‘; or’’ and inserting a 

9 semicolon; 

10 (B) in paragraph (2)— 

11 (i) by inserting ‘‘Public Law 105– 

12 263;’’ before ‘‘112 Stat.’’; and 

13 (ii) by striking the period at the end 

14 and inserting a semicolon; and 

15 (C) by adding at the end the following: 

16 ‘‘(3) the White Pine County Conservation, 

17 Recreation, and Development Act of 2006 (Public 

18 Law 109–432; 120 Stat. 3028); 

19 ‘‘(4) the Lincoln County Conservation, Recre20 ation, and Development Act of 2004 (Public Law 

21 108–424; 118 Stat. 2403); 

22 ‘‘(5) subtitle F of title I of the Omnibus Public 

23 Land Management Act of 2009 (16 U.S.C. 1132 

24 note; Public Law 111–11); 


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1 ‘‘(6) subtitle O of title I of the Omnibus Public 

2 Land Management Act of 2009 (16 U.S.C. 460www 

3 note, 1132 note; Public Law 111–11); 

4 ‘‘(7) section 2601 of the Omnibus Public Land 

5 Management Act of 2009 (Public Law 111–11; 123 

6 Stat. 1108); or 

7 ‘‘(8) section 2606 of the Omnibus Public Land 

8 Management Act of 2009 (Public Law 111–11; 123 

9 Stat. 1121).’’. 

10 SEC. 302. NORTH AMERICAN WETLANDS CONSERVATION 

11 ACT. 

12 Section 7(c)(5) of the North American Wetlands Con13 servation Act (16 U.S.C. 4406(c)(5)) is amended by strik14 ing ‘‘2012’’ and inserting ‘‘2017’’. 

15 TITLE IV—MISCELLANEOUS 

16 SEC. 401. MODIFICATION OF DEFINITION OF SPORT FISH17 ING EQUIPMENT UNDER THE TOXIC SUB18 STANCES CONTROL ACT. 

19 Section 3(2)(B) of the Toxic Substances Control Act 

20 (15 U.S.C. 2602(2)(B)) is amended— 

21 (1) in clause (v), by striking ‘‘, and’’ and insert22 ing ‘‘, or any component of any such article includ23 ing, without limitation, shot, bullets and other pro24 jectiles, propellants, and primers,’’; 


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1 (2) in clause (vi) by striking the period at the 

2 end and inserting ‘‘, and’’; and 

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

4 ‘‘(vii) any sport fishing equipment (as such 

5 term is defined in subsection (a) of section 4162 of 

6 the Internal Revenue Code of 1986) the sale of 

7 which is subject to the tax imposed by section 

8 4161(a) of such Code (determined without regard to 

9 any exemptions from such tax as provided by section 

10 4162 or 4221 or any other provision of such Code), 

11 and sport fishing equipment components.’’. 

12 SEC. 402. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 

13 5 PERSONS OR FEWER. 

14 (a) PURPOSE.—The purpose of this section is to pro15 vide commercial film crews of 5 persons or fewer access 

16 to film in areas designated for public use during public 

17 hours on Federal land and waterways. 

18 (b) IN GENERAL.—Section 1(a) of Public Law 106– 

19 206 (16 U.S.C. 460l–6d(a)) is amended— 

20 (1) by redesignating paragraphs (1), (2), and 

21 (3) as subparagraphs (A), (B), and (C), respectively, 

22 and indenting appropriately; 

23 (2) in the first sentence, by striking ‘‘The Sec24 retary of the Interior’’ and inserting the following: 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (4), the Secretary of the Interior’’; 

3 (3) in the second sentence, by striking ‘‘Such 

4 fee’’ and inserting the following: 

5 ‘‘(2) CRITERIA.—The fee established under 

6 paragraph (1)’’; 

7 (4) in the third sentence, by striking ‘‘The Sec8 retary may’’ and inserting the following: 

9 ‘‘(3) OTHER CONSIDERATIONS.—The Secretary 

10 may’’; and 

11 (5) by adding at the end the following: 

12 ‘‘(4) SPECIAL RULES FOR FILM CREWS OF 5

13 PERSONS OR FEWER.— 

14 ‘‘(A) DEFINITION OF FILM CREW.—In this 

15 paragraph, the term ‘film crew’ means any per16 sons present on Federal land or waterways 

17 under the jurisdiction of the Secretary who are 

18 associated with the production of a film. 

19 ‘‘(B) REQUIRED PERMIT AND FEE.—For 

20 any film crew of 5 persons or fewer, the Sec21 retary shall require a permit and assess an an22 nual fee of $200 for commercial filming activi23 ties or similar projects on Federal land and wa24 terways administered by the Secretary. 


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1 ‘‘(C) COMMERCIAL FILMING ACTIVITIES.— 

2 A permit issued under subparagraph (B) shall 

3 be valid for commercial filming activities or 

4 similar projects that occur in areas designated 

5 for public use during public hours on all Fed6 eral land and waterways administered by the 

7 Secretary for a 1-year period beginning on the 

8 date of issuance of the permit. 

9 ‘‘(D) NO ADDITIONAL FEES.—For persons 

10 holding a permit issued under this paragraph, 

11 during the effective period of the permit, the 

12 Secretary shall not assess any fees in addition 

13 to the fee assessed under subparagraph (B). 

14 ‘‘(E) USE OF CAMERAS.—The Secretary 

15 shall not prohibit, as a mechanized apparatus 

16 or under any other purposes, use of cameras or 

17 related equipment used for the purpose of com18 mercial filming activities or similar projects in 

19 accordance with this paragraph on Federal land 

20 and waterways administered by the Secretary. 

21 ‘‘(F) NOTIFICATION REQUIRED.—A film 

22 crew of 5 persons or fewer subject to a permit 

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1 tion over the Federal land at least 48 hours be2 fore entering the Federal land. 

3 ‘‘(G) DENIAL OF ACCESS.—The head of 

4 the applicable land management agency may 

5 deny access to a film crew under this paragraph 

6 if— 

7 ‘‘(i) there is a likelihood of resource 

8 damage that cannot be mitigated; 

9 ‘‘(ii) there would be an unreasonable 

10 disruption of the use and enjoyment of the 

11 site by the public; 

12 ‘‘(iii) the activity poses health or safe13 ty risks to the public; or 

14 ‘‘(iv) the filming includes the use of 

15 models or props that are not part of the 

16 natural or cultural resources or adminis17 trative facilities of the Federal land.’’. 

18 (c) RECOVERY OF COSTS.—Section 1(b) of Public 

19 Law 106–206 (16 U.S.C. 460l–6d(b)) is amended in the 

20 first sentence— 

21 (1) by striking ‘‘collect any costs’’ and inserting 

22 ‘‘recover any costs’’; and 

23 (2) by striking ‘‘similar project’’ and inserting 

24 ‘‘similar projects’’. 


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Calendar No. 143 

113TH CONGRESS 

1ST SESSION S. 1335 

A BILL 

To protect and enhance opportunities for recother purposes. reational hunting, fishing, and shooting, and for 

JULY 18, 2013 

Read twice and ordered placed on the calendar 


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