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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1770 Introduced in Senate (IS)]

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.

    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. FINDINGS.

    Congress finds that--
            (1) recreational fishing and hunting are important and 
        traditional activities in which millions of Americans 
        participate;
            (2) recreational anglers and hunters have been and continue 
        to be among the foremost supporters of sound fish and wildlife 
        management and conservation in the United States;
            (3) recreational fishing and hunting are environmentally 
        acceptable and beneficial activities that occur and can be 
        provided on Federal public lands and waters without adverse 
        effects on other uses;
            (4) recreational anglers, hunters, and sporting 
        organizations provide direct assistance to fish and wildlife 
        managers and enforcement officers of the Federal Government as 
        well as State and local governments by investing volunteer time 
        and effort to fish and wildlife conservation;
            (5) recreational anglers, hunters, and the associated 
        industries have generated billions of dollars of critical 
        funding for fish and wildlife conservation, research, and 
        management by providing revenues from purchases of fishing and 
        hunting licenses, permits, stamps, and excise taxes on fishing, 
        hunting, and shooting equipment have generated billions of 
        dollars of critical funding for fish and wildlife conservation, 
        research, and management;
            (6) recreational shooting is also an important and 
        traditional activity in which millions of Americans participate 
        and safe recreational shooting is a valid use of Federal public 
        lands and participation in recreational shooting helps recruit 
        and retain hunters and contributes to wildlife conservation;
            (7) opportunities to recreationally fish, hunt, and shoot 
        are declining, which depresses participation in these 
        traditional activities, and depressed participation adversely 
        impacts fish and wildlife conservation and funding for 
        important conservation efforts; and
            (8) the public interest would be served, and our citizens' 
        fish and wildlife resources benefitted, as recognized by 
        Executive Order 12962 as amended: Recreational Fisheries, and 
        Executive Order 13443: Facilitation of Hunting Heritage and 
        Wildlife Conservation, by action to ensure that opportunities 
        are facilitated to engage in fishing and hunting on Federal 
        public lands.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency head.--The term ``agency head'' means the head 
        of any Federal agency that has authority to manage Federal 
        public land.
            (2) Chief.--The term ``Chief'' means the Chief of the 
        Forest Service.
            (3) Director.--The term ``Director'' means the Director of 
        the Bureau of Land Management.
            (4) Federal public land.--
                    (A) In general.--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 U.S. 
                        Forest Service) for purposes that include the 
                        conservation of natural resources.
                    (B) Exclusion.--The term ``Federal public land'' 
                does not include any land or water held in trust for 
                the benefit of--
                            (i) an Indian tribe; or
                            (ii) a member of an Indian tribe.
            (5) Hunting.--
                    (A) In general.--The term ``hunting'' means the 
                lawful--
                            (i) pursuit, shooting, capture, collection, 
                        trapping or killing of wildlife; or
                            (ii) attempt to pursue, shoot, capture, 
                        collect, trap or kill wildlife.
                    (B) Exclusion.--The term ``hunting'' does not 
                include the use of skilled volunteers to cull excess 
                animals (as defined by other Federal law (including 
                laws applicable to the National Park System)).
            (6) Recreational fishing.--The term ``recreational 
        fishing'' means the lawful--
                    (A) pursuit, capture, collection, or killing of 
                fish; or
                    (B) attempt to capture, collect, or kill fish.
            (7) Recreational shooting.--The term ``recreational 
        shooting'' means any form of shooting sport or pastime, formal 
        or informal, including but not limited to target and practical 
        rifle, pistol and shotgun shooting, archery, trap, skeet, and 
        sporting clays.

SEC. 4. RECREATIONAL FISHING, HUNTING AND SHOOTING.

    (a) In General.--Subject to valid existing rights and subsection 
(f), Federal public land management officials shall exercise their 
authority under existing law, including provisions regarding land use 
planning, to provide use of and access to Federal public lands and 
waters for fishing, sport hunting, and recreational shooting except as 
limited by--
            (1) statutory authority which authorizes action or 
        withholding action for reasons of national security, public 
        safety or resource conservation;
            (2) any other Federal statute which specifically precludes 
        recreational fishing, hunting or shooting on specific Federal 
        public lands, waters or units thereof; and
            (3) discretionary limitations on recreational fishing, 
        hunting, and shooting determined to be necessary and reasonable 
        as supported by the best scientific evidence and advanced 
        through a transparent public process.
    (b) Management.--Consistent with subsection (a), each Federal 
public land management agency head shall exercise its land management 
discretion--
            (1) in a manner that supports, promotes, and enhances 
        recreational fishing, hunting, and shooting opportunities;
            (2) to the extent authorized under applicable State law; 
        and
            (3) in accordance with applicable Federal law.
    (c) Bureau of Land Management and Forest Service Lands.--
            (1) Lands open.--Lands under the jurisdiction of the Bureau 
        of Land Management and the U.S. Forest Service, excluding lands 
        on the Outer Continental Shelf, shall be open to recreational 
        fishing, hunting, and shooting unless the managing agency acts 
        to close lands to such activity. Lands may be subject to 
        closures or restrictions if determined to be necessary and 
        reasonable and supported by facts and evidence, for purposes 
        including resource conservation, public safety, protection of 
        historic or cultural values, 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. Publication of public notice shall 
        precede any such closures or restrictions unless the closure or 
        restriction is mandated by other law.
            (2) Shooting ranges.--Each agency may lease lands for 
        shooting ranges if the lessees offer suitable assurances to 
        remediate leased lands at the termination of the lease. Each 
        agency may also designate specific lands for recreational 
        shooting activities and such action shall not subject the 
        United States to any civil action or claim for monetary damages 
        for injury or loss of property or personal injury or death 
        caused by any activity occurring at or on such designated 
        lands.
    (d) Planning.--
            (1) Effect of plans.--Federal public land planning 
        documents, including land resources management plans, resource 
        management plans, travel management plans, general management 
        plans, and comprehensive conservation plans, shall include 
        sections that evaluate the effects of such plans on 
        opportunities to engage in recreational fishing, hunting or 
        shooting.
            (2) Use of volunteers.--If hunting is prohibited by law, 
        all agency planning documents listed in subsection (c)(1) shall 
        allow the participation of skilled volunteers in the culling 
        and other management of wildlife populations on Federal public 
        lands unless the agency head demonstrates, based on the best 
        scientific data available or applicable Federal statutes, why 
        skilled volunteers shall not be used to control overpopulations 
        of wildlife on the land that is the subject of the planning 
        documents.
    (e) Annual Report.--
            (1) In general.--Not later than October 1 of each year, 
        each agency head with authority to manage Federal public land 
        on which fishing, hunting, or recreational shooting occurs 
        shall publish in the Federal Register and submit to the 
        Committee on Natural Resources of the House of Representatives 
        and the Committee on Energy and Natural Resources of the Senate 
        a report that describes--
                    (A) any Federal public land administered by the 
                agency head that was closed to recreational fishing, 
                sport hunting, or shooting at any time during the 
                preceding year; and
                    (B) the reason for the closure.
            (2) Closures or significant restrictions of 640 or more 
        acres.--Other than closures under subsection (c), the 
        withdrawal, change of classification, or change of management 
        status that effectively closes or significantly restricts 640 
        or more acres of Federal public lands or waters to access or 
        use for fishing or hunting shall take effect only if, before 
        the date of withdrawal or change, the agency head that has 
        jurisdiction over the Federal public land publishes notice of 
        the closure, withdrawal, or significant restriction, and 
        submits to the Committee on Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate written notice of the withdrawal, 
        change, or significant restriction. If the aggregate or 
        cumulative effect of small closures or significant restrictions 
        affects 640 or more acres, such small closures or significant 
        restrictions shall be subject to these requirements.
    (f) Areas Not Affected.--Nothing in this Act requires the opening 
of national parks or national monuments under the jurisdiction of the 
National Park Service to hunting or recreational shooting.
    (g) No Priority.--Nothing in this Act requires a Federal agency to 
give preference to recreational fishing, hunting, or shooting over 
other uses of Federal public land or over land or water management 
priorities established by Federal law.
    (h) Establishment of Councils.--
            (1) Sport fishing and boating partnership council.--There 
        is hereby established the Sport Fishing and Boating Partnership 
        Council, as described in Executive Order 12962, as amended.
            (2) Sporting conservation council.--There is hereby 
        established the Sporting Conservation Council, as referenced in 
        Executive Order 13443 and described in its January 15, 2009, as 
        amended charter.
            (3) Termination.--Each Council shall terminate 10 years 
        after the date of the enactment of this Act.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to support and 
        sustain each Council. Funds may be used for programs and 
        efforts to recruit new anglers, hunters, and recreational 
        shooters and retain existing anglers, hunters, and recreational 
        shooters.
    (i) Authority of the States.--
            (1) Savings.--Nothing in this Act affects the authority, 
        jurisdiction, or responsibility of a State to manage, control, 
        or regulate fish and wildlife under State law (including 
        regulations) on land or water in the State, including Federal 
        public land.
            (2) Federal licenses.--Nothing in this Act authorizes an 
        agency head to require a license or permit to fish, hunt, or 
        trap on land or water in a State, including on Federal public 
        land in the States.
                                 <all>
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