II 

111TH CONGRESS 

1ST SESSION S. 1770 

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

Federal public lands and ensure continued opportunities for these activities. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 8, 2009 

Ms. MURKOWSKI (for herself, Mr. CRAPO, and Mr. NELSON of Nebraska) 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 shooting on Federal public lands and ensure continued opportunities for these 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. FINDINGS. 

7 Congress finds that— 


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1 (1) recreational fishing and hunting are impor2 tant and traditional activities in which millions of 

3 Americans participate; 

4 (2) recreational anglers and hunters have been 

5 and continue to be among the foremost supporters 

6 of sound fish and wildlife management and conserva7 tion in the United States; 

8 (3) recreational fishing and hunting are envi9 ronmentally acceptable and beneficial activities that 

10 occur and can be provided on Federal public lands 

11 and waters without adverse effects on other uses; 

12 (4) recreational anglers, hunters, and sporting 

13 organizations provide direct assistance to fish and 

14 wildlife managers and enforcement officers of the 

15 Federal Government as well as State and local gov16 ernments by investing volunteer time and effort to 

17 fish and wildlife conservation; 

18 (5) recreational anglers, hunters, and the asso19 ciated industries have generated billions of dollars of 

20 critical funding for fish and wildlife conservation, re21 search, and management by providing revenues from 

22 purchases of fishing and hunting licenses, permits, 

23 stamps, and excise taxes on fishing, hunting, and 

24 shooting equipment have generated billions of dollars 


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1 of critical funding for fish and wildlife conservation, 

2 research, and management; 

3 (6) recreational shooting is also an important 

4 and traditional activity in which millions of Ameri5 cans participate and safe recreational shooting is a 

6 valid use of Federal public lands and participation 

7 in recreational shooting helps recruit and retain 

8 hunters and contributes to wildlife conservation; 

9 (7) opportunities to recreationally fish, hunt, 

10 and shoot are declining, which depresses participa11 tion in these traditional activities, and depressed 

12 participation adversely impacts fish and wildlife con13 servation and funding for important conservation ef14 forts; and 

15 (8) the public interest would be served, and our 

16 citizens’ fish and wildlife resources benefitted, as 

17 recognized by Executive Order 12962 as amended: 

18 Recreational Fisheries, and Executive Order 13443: 

19 Facilitation of Hunting Heritage and Wildlife Con20 servation, by action to ensure that opportunities are 

21 facilitated to engage in fishing and hunting on Fed22 eral public lands. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) AGENCY HEAD.—The term ‘‘agency head’’ 

2 means the head of any Federal agency that has au3 thority to manage Federal public land. 

4 (2) CHIEF.—The term ‘‘Chief’’ means the Chief 

5 of the Forest Service. 

6 (3) DIRECTOR.—The term ‘‘Director’’ means 

7 the Director of the Bureau of Land Management. 

8 (4) FEDERAL PUBLIC LAND.— 

9 (A) IN GENERAL.—The term ‘‘Federal 

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

11 (i) owned by the United States; and 

12 (ii) managed by a Federal agency (in13 cluding the Department of the Interior and 

14 the U.S. Forest Service) for purposes that 

15 include the conservation of natural re16 sources. 

17 (B) EXCLUSION.—The term ‘‘Federal pub18 lic land’’ does not include any land or water 

19 held in trust for the benefit of— 

20 (i) an Indian tribe; or 

21 (ii) a member of an Indian tribe. 

22 (5) HUNTING.— 

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

24 means 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 (including laws applicable to the National 

9 Park System)). 

10 (6) RECREATIONAL FISHING.—The term ‘‘rec11 reational fishing’’ means the lawful— 

12 (A) pursuit, capture, collection, or killing 

13 of fish; or 

14 (B) attempt to capture, collect, or kill fish. 

15 (7) RECREATIONAL SHOOTING.—The term 

16 ‘‘recreational shooting’’ means any form of shooting 

17 sport or pastime, formal or informal, including but 

18 not limited to target and practical rifle, pistol and 

19 shotgun shooting, archery, trap, skeet, and sporting 

20 clays. 

21 SEC. 4. RECREATIONAL FISHING, HUNTING AND SHOOTING. 

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

23 and subsection (f), Federal public land management offi24 cials shall exercise their authority under existing law, in25 cluding provisions regarding land use planning, to provide 


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1 use of and access to Federal public lands and waters for 

2 fishing, sport hunting, and recreational shooting except as 

3 limited by— 

4 (1) statutory authority which authorizes action 

5 or withholding action for reasons of national secu6 rity, public safety or resource conservation; 

7 (2) any other Federal statute which specifically 

8 precludes recreational fishing, hunting or shooting 

9 on specific Federal public lands, waters or units 

10 thereof; and 

11 (3) discretionary limitations on recreational 

12 fishing, hunting, and shooting determined to be nec13 essary and reasonable as supported by the best sci14 entific evidence and advanced through a transparent 

15 public process. 

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

17 each Federal public land management agency head shall 

18 exercise its land management discretion— 

19 (1) in a manner that supports, promotes, and 

20 enhances recreational fishing, hunting, and shooting 

21 opportunities; 

22 (2) to the extent authorized under applicable 

23 State law; and 

24 (3) in accordance with applicable Federal law. 


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1 (c) BUREAU OF LAND MANAGEMENT AND FOREST

2 SERVICE LANDS.— 

3 (1) LANDS OPEN.—Lands under the jurisdic4 tion of the Bureau of Land Management and the 

5 U.S. Forest Service, excluding lands on the Outer 

6 Continental Shelf, shall be open to recreational fish7 ing, hunting, and shooting unless the managing 

8 agency acts to close lands to such activity. Lands 

9 may be subject to closures or restrictions if deter10 mined to be necessary and reasonable and supported 

11 by facts and evidence, for purposes including re12 source conservation, public safety, protection of his13 toric or cultural values, energy or mineral produc14 tion, energy generation or transmission infrastruc15 ture, water supply facilities, protection of other per16 mittees, protection of private property rights or in17 terests, national security, or compliance with other 

18 law. Publication of public notice shall precede any 

19 such closures or restrictions unless the closure or re20 striction is mandated by other law. 

21 (2) SHOOTING RANGES.—Each agency may 

22 lease lands for shooting ranges if the lessees offer 

23 suitable assurances to remediate leased lands at the 

24 termination of the lease. Each agency may also des25 ignate specific lands for recreational shooting activiVerDate Nov 24 2008 02:22 Oct 09, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1770.IS S1770

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1 ties and such action shall not subject the United 

2 States to any civil action or claim for monetary dam3 ages for injury or loss of property or personal injury 

4 or death caused by any activity occurring at or on 

5 such designated lands. 

6 (d) PLANNING.— 

7 (1) EFFECT OF PLANS.—Federal public land 

8 planning documents, including land resources man9 agement plans, resource management plans, travel 

10 management plans, general management plans, and 

11 comprehensive conservation plans, shall include sec12 tions that evaluate the effects of such plans on op13 portunities to engage in recreational fishing, hunting 

14 or shooting. 

15 (2) USE OF VOLUNTEERS.—If hunting is pro16 hibited by law, all agency planning documents listed 

17 in subsection (c)(1) shall allow the participation of 

18 skilled volunteers in the culling and other manage19 ment of wildlife populations on Federal public lands 

20 unless the agency head demonstrates, based on the 

21 best scientific data available or applicable Federal 

22 statutes, why skilled volunteers shall not be used to 

23 control overpopulations of wildlife on the land that 

24 is the subject of the planning documents. 

25 (e) ANNUAL REPORT.— 


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1 (1) IN GENERAL.—Not later than October 1 of 

2 each year, each agency head with authority to man3 age Federal public land on which fishing, hunting, 

4 or recreational shooting occurs shall publish in the 

5 Federal Register and submit to the Committee on 

6 Natural Resources of the House of Representatives 

7 and the Committee on Energy and Natural Re8 sources of the Senate a report that describes— 

9 (A) any Federal public land administered 

10 by the agency head that was closed to rec11 reational fishing, sport hunting, or shooting at 

12 any time during the preceding year; and 

13 (B) the reason for the closure. 

14 (2) CLOSURES OR SIGNIFICANT RESTRICTIONS

15 OF 640 OR MORE ACRES.—Other than closures under 

16 subsection (c), the withdrawal, change of classifica17 tion, or change of management status that effec18 tively closes or significantly restricts 640 or more 

19 acres of Federal public lands or waters to access or 

20 use for fishing or hunting shall take effect only if, 

21 before the date of withdrawal or change, the agency 

22 head that has jurisdiction over the Federal public 

23 land publishes notice of the closure, withdrawal, or 

24 significant restriction, and submits to the Committee 

25 on Natural Resources of the House of RepresentaVerDate Nov 24 2008 02:22 Oct 09, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1770.IS S1770

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1 tives and the Committee on Energy and Natural Re2 sources of the Senate written notice of the with3 drawal, change, or significant restriction. If the ag4 gregate or cumulative effect of small closures or sig5 nificant restrictions affects 640 or more acres, such 

6 small closures or significant restrictions shall be sub7 ject to these requirements. 

8 (f) AREAS NOT AFFECTED.—Nothing in this Act re9 quires the opening of national parks or national monu10 ments under the jurisdiction of the National Park Service 

11 to hunting or recreational shooting. 

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

13 Federal agency to give preference to recreational fishing, 

14 hunting, or shooting over other uses of Federal public land 

15 or over land or water management priorities established 

16 by Federal law. 

17 (h) ESTABLISHMENT OF COUNCILS.— 

18 (1) SPORT FISHING AND BOATING PARTNER19 SHIP COUNCIL.—There is hereby established the 

20 Sport Fishing and Boating Partnership Council, as 

21 described in Executive Order 12962, as amended. 

22 (2) SPORTING CONSERVATION COUNCIL.—There 

23 is hereby established the Sporting Conservation 

24 Council, as referenced in Executive Order 13443 


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1 and described in its January 15, 2009, as amended 

2 charter. 

3 (3) TERMINATION.—Each Council shall termi4 nate 10 years after the date of the enactment of this 

5 Act. 

6 (4) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated such sums 

8 as may be necessary to support and sustain each 

9 Council. Funds may be used for programs and ef10 forts to recruit new anglers, hunters, and rec11 reational shooters and retain existing anglers, hunt12 ers, and recreational shooters. 

13 (i) AUTHORITY OF THE STATES.— 

14 (1) SAVINGS.—Nothing in this Act affects the 

15 authority, jurisdiction, or responsibility of a State to 

16 manage, control, or regulate fish and wildlife under 

17 State law (including regulations) on land or water in 

18 the State, including Federal public land. 

19 (2) FEDERAL LICENSES.—Nothing in this Act 

20 authorizes an agency head to require a license or 

21 permit to fish, hunt, or trap on land or water in a 

22 State, including on Federal public land in the 

23 States. 

Æ 


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