```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 170 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recreational Fishing and Hunting 
Heritage and Opportunities Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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) Exclusions.--The term ``Federal public land'' 
                does not include--
                            (i) land or water held or managed in trust 
                        for the benefit of Indians or other Native 
                        Americans;
                            (ii) land or water managed by the Director 
                        of the National Park Service or the Director of 
                        the United States Fish and Wildlife Service;
                            (iii) fish hatcheries; or
                            (iv) conservation easements on private 
                        land.
            (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).
            (3) Recreational fishing.--The term ``recreational 
        fishing'' means--
                    (A) an activity for sport or for pleasure that 
                involves--
                            (i) the lawful catching, taking, or 
                        harvesting of fish; or
                            (ii) the lawful attempted catching, taking, 
                        or harvesting of fish; or
                    (B) any other activity for sport or pleasure that 
                can reasonably be expected to result in the lawful 
                catching, taking, or harvesting of 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. 3. RECREATIONAL FISHING, HUNTING, AND RECREATIONAL SHOOTING.

    (a) In General.--Subject to valid existing rights, and in 
cooperation with the respective State and fish and wildlife agency, a 
Federal public land management official shall exercise the authority of 
the official under existing law (including provisions regarding land 
use planning) to facilitate use of and access to Federal public land 
for recreational fishing, hunting, and recreational shooting except as 
limited by--
            (1) any law that authorizes action or withholding action 
        for reasons of national security, public safety, or resource 
        conservation;
            (2) any other Federal law that precludes recreational 
        fishing, hunting, or recreational shooting on specific Federal 
        public land or water or units of Federal public land; and
            (3) discretionary limitations on recreational fishing, 
        hunting, and recreational 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 the land 
management discretion of the head--
            (1) in a manner that supports and facilitates recreational 
        fishing, hunting, and recreational 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 
                recreational shooting.--Federal public land planning 
                documents (including land resources management plans, 
                resource management plans, travel management plans, and 
                energy development plans) shall include a specific 
                evaluation of the effects of the plans on opportunities 
                to engage in recreational fishing, hunting, or 
                recreational shooting.
                    (B) Other activity not considered.--
                            (i) In general.--Federal public land 
                        management officials shall not be required to 
                        consider the existence or availability of 
                        recreational fishing, hunting, or recreational 
                        shooting opportunities on private or public 
                        land that is located adjacent to, or in the 
                        vicinity of, Federal public land for purposes 
                        of--
                                    (I) planning for or determining 
                                which units of Federal public land are 
                                open for recreational fishing, hunting, 
                                or recreational shooting; or
                                    (II) setting the levels of use for 
                                recreational fishing, hunting, or 
                                recreational shooting on Federal public 
                                land.
                            (ii) Enhanced opportunities.--Federal 
                        public land management officials may consider 
                        the opportunities described in clause (i) if 
                        the combination of those opportunities would 
                        enhance the recreational fishing, hunting, or 
                        shooting opportunities available to the public.
            (2) Use of volunteers.--If hunting is prohibited by law, 
        all Federal public land planning document described in 
        paragraph (1)(A) of an agency shall, after appropriate 
        coordination with State fish and wildlife agencies, allow the 
        participation of skilled volunteers in the culling and other 
        management of wildlife populations on Federal public land 
        unless the head of the agency demonstrates, based on the best 
        scientific data available or applicable Federal law, why 
        skilled volunteers should not be used to control overpopulation 
        of wildlife on the land that is the subject of the planning 
        document.
    (d) Bureau of Land Management and Forest Service Land.--
            (1) Land open.--
                    (A) In general.--Land under the jurisdiction of the 
                Bureau of Land Management or the Forest Service 
                (including a component of the National Wilderness 
                Preservation System, land designated as a wilderness 
                study area or administratively classified as wilderness 
                eligible or suitable, and primitive or semiprimitive 
                areas, but excluding land on the outer Continental 
                Shelf) shall be open to recreational fishing, hunting, 
                and recreational shooting unless the managing Federal 
                public land agency acts to close the land to such 
                activity.
                    (B) Motorized access.--Nothing in this paragraph 
                authorizes or requires motorized access or the use of 
                motorized vehicles for recreational fishing, hunting, 
                or recreational shooting purposes within land 
                designated as a wilderness study area or 
                administratively classified as wilderness eligible or 
                suitable.
            (2) Closure or restriction.--Land described in paragraph 
        (1) 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 transmission infrastructure, water supply 
        facilities, protection of other permittees, protection of 
        private property rights or interests, national security, or 
        compliance with other law, as determined appropriate by the 
        Director of the Bureau of Land Management or the Chief of the 
        Forest Service, as applicable.
            (3) Shooting ranges.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the head of each Federal public land agency may 
                use the authorities of the head, in a manner consistent 
                with this Act and other applicable law--
                            (i) to lease or permit use of land under 
                        the jurisdiction of the head for shooting 
                        ranges; and
                            (ii) to designate specific land under the 
                        jurisdiction of the head 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 recreational shooting 
                activity occurring at or on the designated land.
                    (C) Exception.--The head of each Federal public 
                land agency shall not lease or permit use of Federal 
                public land for shooting ranges or designate land for 
                recreational shooting activities within including a 
                component of the National Wilderness Preservation 
                System, land designated as a wilderness study area or 
                administratively classified as wilderness eligible or 
                suitable, and primitive or semiprimitive areas.
    (e) Report.--Not later than October 1 of every other year, 
beginning with the second October 1 after the date of enactment of this 
Act, the head of each Federal public land agency who has authority to 
manage Federal public land on which recreational fishing, hunting, or 
recreational shooting occurs 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 Federal public land administered by the agency head 
        that was closed to recreational fishing, hunting, or 
        recreational shooting at any time during the preceding year; 
        and
            (2) the reason for the closure.
    (f) Closures or Significant Restrictions of 1,280 or More Acres.--
            (1) In general.--Other than closures established or 
        prescribed by land planning actions referred to in subsection 
        (d)(2) or emergency closures described in paragraph (3), a 
        permanent or temporary withdrawal, change of classification, or 
        change of management status of Federal public land or water 
        that effectively closes or significantly restricts 1,280 or 
        more contiguous acres of Federal public land or water to access 
        or use for recreational fishing or hunting or activities 
        relating to fishing or hunting shall take effect only if, 
        before the date of withdrawal or change, the head of the 
        Federal public land agency that has jurisdiction over the 
        Federal public land or water--
                    (A) publishes appropriate notice of the withdrawal 
                or change, respectively;
                    (B) demonstrates that coordination has occurred 
                with a State fish and wildlife agency; and
                    (C) submits to the Committee on Natural Resources 
                of the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate written 
                notice of the withdrawal or change, respectively.
            (2) Aggregate or cumulative effects.--If the aggregate or 
        cumulative effect of separate withdrawals or changes 
        effectively closes or significant restrictions affects 1,280 or 
        more acres of land or water, the withdrawals and changes shall 
        be treated as a single withdrawal or change for purposes of 
        paragraph (1).
            (3) Emergency closures.--
                    (A) In general.--Nothing in this Act prohibits a 
                Federal public land management agency from establishing 
                or implementing emergency closures or restrictions of 
                the smallest practicable area of Federal public land to 
                provide for public safety, resource conservation, 
                national security, or other purposes authorized by law.
                    (B) Termination.--An emergency closure under 
                subparagraph (A) shall terminate after a reasonable 
                period of time unless the temporary closure is 
                converted to a permanent closure consistent with this 
                Act.
    (g) No Priority.--Nothing in this Act requires a Federal agency to 
give preference to recreational fishing, hunting, or recreational 
shooting over other uses of Federal public land or over land or water 
management priorities established by other Federal law.
    (h) Consultation With Councils.--In carrying out this Act, the 
heads of Federal public land agencies shall consult with the 
appropriate advisory councils established under Executive Order 12962 
(16 U.S.C. 1801 note; relating to recreational fisheries) and Executive 
Order 13443 (16 U.S.C. 661 note; relating to facilitation of hunting 
heritage and wildlife conservation).
    (i) Authority of States.--
            (1) In general.--Nothing in this Act interferes with, 
        diminishes, or conflicts with the authority, jurisdiction, or 
        responsibility of any State to manage, control, or regulate 
        fish and wildlife under State law (including regulations) on 
        land or water within the State, including on Federal public 
        land.
            (2) Federal licenses.--
                    (A) In general.--Except as provided in subparagraph 
                (B), nothing in this section authorizes the head of a 
                Federal public land agency head to require a license, 
                fee, or permit to fish, hunt, or trap on land or water 
                in a State, including on Federal public land in the 
                State.
                    (B) Migratory bird stamps.--This paragraph shall 
                not affect any migratory bird stamp requirement of the 
                Migratory Bird Hunting and Conservation Stamp Act (16 
                U.S.C. 718a et seq.).
                                 <all>
```