II 

113TH CONGRESS 

1ST SESSION S. 170 

To recognize the heritage of recreational fishing, hunting, and recreational 

shooting on Federal public land and ensure continued opportunities for 

those activities. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 29, 2013 

Ms. MURKOWSKI (for herself and Mr. MANCHIN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To recognize the heritage of recreational fishing, hunting, 

and recreational shooting on Federal public land and 

ensure continued opportunities for those activities. 

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. 

4 This Act may be cited as the ‘‘Recreational Fishing 

5 and Hunting Heritage and Opportunities Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FEDERAL PUBLIC LAND.— 


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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the term ‘‘Federal public 

3 land’’ means any land or water that is— 

4 (i) owned by the United States; and 

5 (ii) managed by a Federal agency (in6 cluding the Department of the Interior and 

7 the Forest Service) for purposes that in8 clude the conservation of natural resources. 

9 (B) EXCLUSIONS.—The term ‘‘Federal 

10 public land’’ does not include— 

11 (i) land or water held or managed in 

12 trust for the benefit of Indians or other 

13 Native Americans; 

14 (ii) land or water managed by the Di15 rector of the National Park Service or the 

16 Director of the United States Fish and 

17 Wildlife Service; 

18 (iii) fish hatcheries; or 

19 (iv) conservation easements on private 

20 land. 

21 (2) HUNTING.— 

22 (A) IN GENERAL.—Except as provided in 

23 subparagraph (B), the term ‘‘hunting’’ means 

24 use of a firearm, bow, or other authorized 

25 means in the lawful— 


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1 (i) pursuit, shooting, capture, collec2 tion, trapping, or killing of wildlife; or 

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

4 collect, trap, or kill wildlife. 

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

6 does not include the use of skilled volunteers to 

7 cull excess animals (as defined by other Federal 

8 law). 

9 (3) RECREATIONAL FISHING.—The term ‘‘rec10 reational fishing’’ means— 

11 (A) an activity for sport or for pleasure 

12 that involves— 

13 (i) the lawful catching, taking, or har14 vesting of fish; or 

15 (ii) the lawful attempted catching, 

16 taking, or harvesting of fish; or 

17 (B) any other activity for sport or pleasure 

18 that can reasonably be expected to result in the 

19 lawful catching, taking, or harvesting of fish. 

20 (4) RECREATIONAL SHOOTING.—The term 

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

22 training, competition, or pastime, whether formal or 

23 informal, that involves the discharge of a rifle, hand24 gun, or shotgun, or the use of a bow and arrow. 


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1 SEC. 3. RECREATIONAL FISHING, HUNTING, AND REC2 REATIONAL SHOOTING. 

3 (a) IN GENERAL.—Subject to valid existing rights, 

4 and in cooperation with the respective State and fish and 

5 wildlife agency, a Federal public land management official 

6 shall exercise the authority of the official under existing 

7 law (including provisions regarding land use planning) to 

8 facilitate use of and access to Federal public land for rec9 reational fishing, hunting, and recreational shooting ex10 cept as limited by— 

11 (1) any law that authorizes action or with12 holding action for reasons of national security, pub13 lic safety, or resource conservation; 

14 (2) any other Federal law that precludes rec15 reational fishing, hunting, or recreational shooting 

16 on specific Federal public land or water or units of 

17 Federal public land; and 

18 (3) discretionary limitations on recreational 

19 fishing, hunting, and recreational shooting deter20 mined to be necessary and reasonable as supported 

21 by the best scientific evidence and advanced through 

22 a transparent public process. 

23 (b) MANAGEMENT.—Consistent with subsection (a), 

24 the head of each Federal public land management agency 

25 shall exercise the land management discretion of the 

26 head— 


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1 (1) in a manner that supports and facilitates 

2 recreational fishing, hunting, and recreational shoot3 ing opportunities; 

4 (2) to the extent authorized under applicable 

5 State law; and 

6 (3) in accordance with applicable Federal law. 

7 (c) PLANNING.— 

8 (1) EFFECTS OF PLANS AND ACTIVITIES.— 

9 (A) EVALUATION OF EFFECTS ON OPPOR10 TUNITIES TO ENGAGE IN RECREATIONAL FISH11 ING, HUNTING, OR RECREATIONAL SHOOTING.— 

12 Federal public land planning documents (in13 cluding land resources management plans, re14 source management plans, travel management 

15 plans, and energy development plans) shall in16 clude a specific evaluation of the effects of the 

17 plans on opportunities to engage in recreational 

18 fishing, hunting, or recreational shooting. 

19 (B) OTHER ACTIVITY NOT CONSIDERED.— 

20 (i) IN GENERAL.—Federal public land 

21 management officials shall not be required 

22 to consider the existence or availability of 

23 recreational fishing, hunting, or rec24 reational shooting opportunities on private 

25 or public land that is located adjacent to, 


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1 or in the vicinity of, Federal public land 

2 for purposes of— 

3 (I) planning for or determining 

4 which units of Federal public land are 

5 open for recreational fishing, hunting, 

6 or recreational shooting; or 

7 (II) setting the levels of use for 

8 recreational fishing, hunting, or rec9 reational shooting on Federal public 

10 land. 

11 (ii) ENHANCED OPPORTUNITIES.— 

12 Federal public land management officials 

13 may consider the opportunities described in 

14 clause (i) if the combination of those op15 portunities would enhance the recreational 

16 fishing, hunting, or shooting opportunities 

17 available to the public. 

18 (2) USE OF VOLUNTEERS.—If hunting is pro19 hibited by law, all Federal public land planning doc20 ument described in paragraph (1)(A) of an agency 

21 shall, after appropriate coordination with State fish 

22 and wildlife agencies, allow the participation of 

23 skilled volunteers in the culling and other manage24 ment of wildlife populations on Federal public land 

25 unless the head of the agency demonstrates, based 


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1 on the best scientific data available or applicable 

2 Federal law, why skilled volunteers should not be 

3 used to control overpopulation of wildlife on the land 

4 that is the subject of the planning document. 

5 (d) BUREAU OF LAND MANAGEMENT AND FOREST

6 SERVICE LAND.— 

7 (1) LAND OPEN.— 

8 (A) IN GENERAL.—Land under the juris9 diction of the Bureau of Land Management or 

10 the Forest Service (including a component of 

11 the National Wilderness Preservation System, 

12 land designated as a wilderness study area or 

13 administratively classified as wilderness eligible 

14 or suitable, and primitive or semiprimitive 

15 areas, but excluding land on the outer Conti16 nental Shelf) shall be open to recreational fish17 ing, hunting, and recreational shooting unless 

18 the managing Federal public land agency acts 

19 to close the land to such activity. 

20 (B) MOTORIZED ACCESS.—Nothing in this 

21 paragraph authorizes or requires motorized ac22 cess or the use of motorized vehicles for rec23 reational fishing, hunting, or recreational shoot24 ing purposes within land designated as a wilderVerDate Mar 15 2010 02:29 Feb 07, 2013 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S170.IS S170

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1 ness study area or administratively classified as 

2 wilderness eligible or suitable. 

3 (2) CLOSURE OR RESTRICTION.—Land de4 scribed in paragraph (1) may be subject to closures 

5 or restrictions if determined by the head of the 

6 agency to be necessary and reasonable and sup7 ported by facts and evidence for purposes including 

8 resource conservation, public safety, energy or min9 eral production, energy generation or transmission 

10 infrastructure, water supply facilities, protection of 

11 other permittees, protection of private property 

12 rights or interests, national security, or compliance 

13 with other law, as determined appropriate by the Di14 rector of the Bureau of Land Management or the 

15 Chief of the Forest Service, as applicable. 

16 (3) SHOOTING RANGES.— 

17 (A) IN GENERAL.—Except as provided in 

18 subparagraph (C), the head of each Federal 

19 public land agency may use the authorities of 

20 the head, in a manner consistent with this Act 

21 and other applicable law— 

22 (i) to lease or permit use of land 

23 under the jurisdiction of the head for 

24 shooting ranges; and 


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1 (ii) to designate specific land under 

2 the jurisdiction of the head for recreational 

3 shooting activities. 

4 (B) LIMITATION ON LIABILITY.—Any des5 ignation under subparagraph (A)(ii) shall not 

6 subject the United States to any civil action or 

7 claim for monetary damages for injury or loss 

8 of property or personal injury or death caused 

9 by any recreational shooting activity occurring 

10 at or on the designated land. 

11 (C) EXCEPTION.—The head of each Fed12 eral public land agency shall not lease or permit 

13 use of Federal public land for shooting ranges 

14 or designate land for recreational shooting ac15 tivities within including a component of the Na16 tional Wilderness Preservation System, land 

17 designated as a wilderness study area or admin18 istratively classified as wilderness eligible or 

19 suitable, and primitive or semiprimitive areas. 

20 (e) REPORT.—Not later than October 1 of every 

21 other year, beginning with the second October 1 after the 

22 date of enactment of this Act, the head of each Federal 

23 public land agency who has authority to manage Federal 

24 public land on which recreational fishing, hunting, or rec25 reational shooting occurs shall submit to the Committee 


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1 on Natural Resources of the House of Representatives and 

2 the Committee on Energy and Natural Resources of the 

3 Senate a report that describes— 

4 (1) any Federal public land administered by the 

5 agency head that was closed to recreational fishing, 

6 hunting, or recreational shooting at any time during 

7 the preceding year; and 

8 (2) the reason for the closure. 

9 (f) CLOSURES OR SIGNIFICANT RESTRICTIONS OF

10 1,280 OR MORE ACRES.— 

11 (1) IN GENERAL.—Other than closures estab12 lished or prescribed by land planning actions re13 ferred to in subsection (d)(2) or emergency closures 

14 described in paragraph (3), a permanent or tem15 porary withdrawal, change of classification, or 

16 change of management status of Federal public land 

17 or water that effectively closes or significantly re18 stricts 1,280 or more contiguous acres of Federal 

19 public land or water to access or use for recreational 

20 fishing or hunting or activities relating to fishing or 

21 hunting shall take effect only if, before the date of 

22 withdrawal or change, the head of the Federal public 

23 land agency that has jurisdiction over the Federal 

24 public land or water— 


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1 (A) publishes appropriate notice of the 

2 withdrawal or change, respectively; 

3 (B) demonstrates that coordination has oc4 curred with a State fish and wildlife agency; 

5 and 

6 (C) submits to the Committee on Natural 

7 Resources of the House of Representatives and 

8 the Committee on Energy and Natural Re9 sources of the Senate written notice of the with10 drawal or change, respectively. 

11 (2) AGGREGATE OR CUMULATIVE EFFECTS.—If 

12 the aggregate or cumulative effect of separate with13 drawals or changes effectively closes or significant 

14 restrictions affects 1,280 or more acres of land or 

15 water, the withdrawals and changes shall be treated 

16 as a single withdrawal or change for purposes of 

17 paragraph (1). 

18 (3) EMERGENCY CLOSURES.— 

19 (A) IN GENERAL.—Nothing in this Act 

20 prohibits a Federal public land management 

21 agency from establishing or implementing emer22 gency closures or restrictions of the smallest 

23 practicable area of Federal public land to pro24 vide for public safety, resource conservation, naVerDate Mar 15 2010 02:29 Feb 07, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S170.IS S170

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1 tional security, or other purposes authorized by 

2 law. 

3 (B) TERMINATION.—An emergency closure 

4 under subparagraph (A) shall terminate after a 

5 reasonable period of time unless the temporary 

6 closure is converted to a permanent closure con7 sistent with this Act. 

8 (g) NO PRIORITY.—Nothing in this Act requires a 

9 Federal agency to give preference to recreational fishing, 

10 hunting, or recreational shooting over other uses of Fed11 eral public land or over land or water management prior12 ities established by other Federal law. 

13 (h) CONSULTATION WITH COUNCILS.—In carrying 

14 out this Act, the heads of Federal public land agencies 

15 shall consult with the appropriate advisory councils estab16 lished under Executive Order 12962 (16 U.S.C. 1801 

17 note; relating to recreational fisheries) and Executive 

18 Order 13443 (16 U.S.C. 661 note; relating to facilitation 

19 of hunting heritage and wildlife conservation). 

20 (i) AUTHORITY OF STATES.— 

21 (1) IN GENERAL.—Nothing in this Act inter22 feres with, diminishes, or conflicts with the author23 ity, jurisdiction, or responsibility of any State to 

24 manage, control, or regulate fish and wildlife under 


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1 State law (including regulations) on land or water 

2 within the State, including on Federal public land. 

3 (2) FEDERAL LICENSES.— 

4 (A) IN GENERAL.—Except as provided in 

5 subparagraph (B), nothing in this section au6 thorizes the head of a Federal public land agen7 cy head to require a license, fee, or permit to 

8 fish, hunt, or trap on land or water in a State, 

9 including on Federal public land in the State. 

10 (B) MIGRATORY BIRD STAMPS.—This 

11 paragraph shall not affect any migratory bird 

12 stamp requirement of the Migratory Bird Hunt13 ing and Conservation Stamp Act (16 U.S.C. 

14 718a et seq.). 

Æ 


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