I 

113TH CONGRESS 

1ST SESSION H. R. 3197 

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

shooting, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 26, 2013 

Mr. LATTA (for himself, Mr. THOMPSON of Mississippi, Mr. WITTMAN, and 

Mr. WALZ) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Agriculture, Energy and Commerce, Transportation and Infrastructure, and 

the Judiciary, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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. 

4 This Act may be cited as the ‘‘Sportsmen’s Heritage 

5 And Recreational Enhancement Act of 2013’’ or the 

6 ‘‘SHARE Act of 2013’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 The table of contents for this Act is as follows: 


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—HUNTING, FISHING AND RECREATIONAL SHOOTING 

PROTECTION ACT 

Sec. 101. Short title. 

Sec. 102. Modification of definition. 

TITLE II—TARGET PRACTICE AND MARKSMANSHIP TRAINING 

SUPPORT ACT 

Sec. 201. Short title. 

Sec. 202. Findings; purpose. 

Sec. 203. Definition of public target range. 

Sec. 204. Amendments to Pittman-Robertson Wildlife Restoration Act. 

Sec. 205. Limits on liability. 

Sec. 206. Sense of Congress regarding cooperation. 

TITLE III—PUBLIC LANDS FILMING 

Sec. 301. Purpose. 

Sec. 302. Annual permit and fee for film crews of 5 persons or fewer. 

TITLE IV—POLAR BEAR CONSERVATION AND FAIRNESS ACT 

Sec. 401. Short title. 

Sec. 402. Permits for importation of polar bear trophies taken in sport hunts 

in Canada. 

TITLE V—PERMANENT ELECTRONIC DUCK STAMP ACT 

Sec. 501. Short title. 

Sec. 502. Definitions. 

Sec. 503. Authority to issue electronic duck stamps. 

Sec. 504. State application. 

Sec. 505. State obligations and authorities. 

Sec. 506. Electronic stamp requirements; recognition of electronic stamp. 

Sec. 507. Termination of State participation. 

TITLE VI—ACCESS TO WATER RESOURCES DEVELOPMENT 

PROJECTS ACT 

Sec. 601. Short title. 

Sec. 602. Protecting Americans from violent crime. 

TITLE VII—WILDLIFE AND HUNTING HERITAGE CONSERVATION 

COUNCIL ADVISORY COMMITTEE 

Sec. 701. Wildlife and Hunting Heritage Conservation Council Advisory Committee. 

TITLE VIII—RECREATIONAL FISHING AND HUNTING HERITAGE 

AND OPPORTUNITIES ACT 

Sec. 801. Short title. 

Sec. 802. Findings. 

Sec. 803. Definitions. 

Sec. 804. Recreational fishing, hunting, and shooting. 


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TITLE IX—GULF OF MEXICO RED SNAPPER CONSERVATION ACT 

Sec. 901. Short title. 

Sec. 902. Definitions. 

Sec. 903. Data collection strategy for Gulf of Mexico red snapper. 

Sec. 904. Adopting a fishery management plan. 

Sec. 905. Review and certification by Secretary. 

Sec. 906. State implementation of the fishery management plan. 

Sec. 907. Commission oversight responsibilities. 

Sec. 908. Opportunity to remedy. 

Sec. 909. Closure of the Gulf of Mexico red snapper fishery. 

Sec. 910. Economic analysis and report. 

1 TITLE I—HUNTING, FISHING 

2 AND RECREATIONAL SHOOT3 ING PROTECTION ACT 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Hunting, Fishing, and 

6 Recreational Shooting Protection Act’’. 

7 SEC. 102. MODIFICATION OF DEFINITION. 

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

9 (15 U.S.C. 2602(2)(B)) is amended— 

10 (1) in clause (v), by striking ‘‘, and’’ and insert11 ing ‘‘, or any component of any such article includ12 ing, without limitation, shot, bullets and other pro13 jectiles, propellants, and primers,’’; 

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

15 end and inserting ‘‘, and’’; and 

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

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

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

19 the Internal Revenue Code of 1986) the sale of 

20 which is subject to the tax imposed by section 


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1 4161(a) of such Code (determined without regard to 

2 any exemptions from such tax as provided by section 

3 4162 or 4221 or any other provision of such Code), 

4 and sport fishing equipment components.’’. 

5 TITLE II—TARGET PRACTICE 

6 AND MARKSMANSHIP TRAIN7 ING SUPPORT ACT 

8 SEC. 201. SHORT TITLE. 

9 This title may be cited as the ‘‘Target Practice and 

10 Marksmanship Training Support Act’’. 

11 SEC. 202. FINDINGS; PURPOSE. 

12 (a) FINDINGS.—Congress finds that— 

13 (1) the use of firearms and archery equipment 

14 for target practice and marksmanship training ac15 tivities on Federal land is allowed, except to the ex16 tent specific portions of that land have been closed 

17 to those activities; 

18 (2) in recent years preceding the date of enact19 ment of this Act, portions of Federal land have been 

20 closed to target practice and marksmanship training 

21 for many reasons; 

22 (3) the availability of public target ranges on 

23 non-Federal land has been declining for a variety of 

24 reasons, including continued population growth and 

25 development near former ranges; 


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1 (4) providing opportunities for target practice 

2 and marksmanship training at public target ranges 

3 on Federal and non-Federal land can help— 

4 (A) to promote enjoyment of shooting, rec5 reational, and hunting activities; and 

6 (B) to ensure safe and convenient locations 

7 for those activities; 

8 (5) Federal law in effect on the date of enact9 ment of this Act, including the Pittman-Robertson 

10 Wildlife Restoration Act (16 U.S.C. 669 et seq.), 

11 provides Federal support for construction and ex12 pansion of public target ranges by making available 

13 to States amounts that may be used for construc14 tion, operation, and maintenance of public target 

15 ranges; and 

16 (6) it is in the public interest to provide in17 creased Federal support to facilitate the construction 

18 or expansion of public target ranges. 

19 (b) PURPOSE.—The purpose of this title is to facili20 tate the construction and expansion of public target 

21 ranges, including ranges on Federal land managed by the 

22 Forest Service and the Bureau of Land Management. 

23 SEC. 203. DEFINITION OF PUBLIC TARGET RANGE. 

24 In this title, the term ‘‘public target range’’ means 

25 a specific location that— 


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1 (1) is identified by a governmental agency for 

2 recreational shooting; 

3 (2) is open to the public; 

4 (3) may be supervised; and 

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

6 shotgun shooting. 

7 SEC. 204. AMENDMENTS TO PITTMAN-ROBERTSON WILD8 LIFE RESTORATION ACT. 

9 (a) DEFINITIONS.—Section 2 of the Pittman-Robert10 son Wildlife Restoration Act (16 U.S.C. 669a) is amend11 ed— 

12 (1) by redesignating paragraphs (2) through 

13 (8) as paragraphs (3) through (9), respectively; and 

14 (2) by inserting after paragraph (1) the fol15 lowing: 

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

17 specific location that— 

18 ‘‘(A) is identified by a governmental agen19 cy for recreational shooting; 

20 ‘‘(B) is open to the public; 

21 ‘‘(C) may be supervised; and 

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

23 pistol, or shotgun shooting;’’. 

24 (b) EXPENDITURES FOR MANAGEMENT OF WILD25 LIFE AREAS AND RESOURCES.—Section 8(b) of the PittVerDate Mar 15 2010 22:23 Oct 01, 2013 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3197.IH H3197

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1 man-Robertson Wildlife Restoration Act (16 U.S.C. 

2 669g(b)) is amended— 

3 (1) by striking ‘‘(b) Each State’’ and inserting 

4 the following: 

5 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD6 LIFE AREAS AND RESOURCES.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), each State’’; 

9 (2) in paragraph (1) (as so designated), by 

10 striking ‘‘construction, operation,’’ and inserting 

11 ‘‘operation’’; 

12 (3) in the second sentence, by striking ‘‘The 

13 non-Federal share’’ and inserting the following: 

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

15 share’’; 

16 (4) in the third sentence, by striking ‘‘The Sec17 retary’’ and inserting the following: 

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

19 (5) by inserting after paragraph (1) (as des20 ignated by paragraph (1) of this subsection) the fol21 lowing: 

22 ‘‘(2) EXCEPTION.—Notwithstanding the limita23 tion described in paragraph (1), a State may pay up 

24 to 90 percent of the cost of acquiring land for, ex25 panding, or constructing a public target range.’’. 


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1 (c) FIREARM AND BOW HUNTER EDUCATION AND

2 SAFETY PROGRAM GRANTS.—Section 10 of the Pittman3 Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) 

4 is amended— 

5 (1) in subsection (a), by adding at the end the 

6 following: 

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

8 Of the amount apportioned to a State for any fiscal 

9 year under section 4(b), the State may elect to allo10 cate not more than 10 percent, to be combined with 

11 the amount apportioned to the State under para12 graph (1) for that fiscal year, for acquiring land for, 

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

14 (2) by striking subsection (b) and inserting the 

15 following: 

16 ‘‘(b) COST SHARING.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the Federal share of the cost of any activ19 ity carried out using a grant under this section shall 

20 not exceed 75 percent of the total cost of the activ21 ity. 

22 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

23 EXPANSION.—The Federal share of the cost of ac24 quiring land for, expanding, or constructing a public 

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


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

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

3 and 

4 (3) in subsection (c)(1)— 

5 (A) by striking ‘‘Amounts made’’ and in6 serting the following: 

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

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

9 (B) by adding at the end the following: 

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

11 acquiring land for, constructing, or expanding a 

12 public target range shall remain available for 

13 expenditure and obligation during the 5-fiscal14 year period beginning on October 1 of the first 

15 fiscal year for which the amounts are made 

16 available.’’. 

17 SEC. 205. LIMITS ON LIABILITY. 

18 (a) DISCRETIONARY FUNCTION.—For purposes of 

19 chapter 171 of title 28, United States Code (commonly 

20 referred to as the ‘‘Federal Tort Claims Act’’), any action 

21 by an agent or employee of the United States to manage 

22 or allow the use of Federal land for purposes of target 

23 practice or marksmanship training by a member of the 

24 public shall be considered to be the exercise or perform25 ance of a discretionary function. 


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1 (b) CIVIL ACTION OR CLAIMS.—Except to the extent 

2 provided in chapter 171 of title 28, United States Code, 

3 the United States shall not be subject to any civil action 

4 or claim for money damages for any injury to or loss of 

5 property, personal injury, or death caused by an activity 

6 occurring at a public target range that is— 

7 (1) funded in whole or in part by the Federal 

8 Government pursuant to the Pittman-Robertson 

9 Wildlife Restoration Act (16 U.S.C. 669 et seq.); or 

10 (2) located on Federal land. 

11 SEC. 206. SENSE OF CONGRESS REGARDING COOPERATION. 

12 It is the sense of Congress that, consistent with appli13 cable laws and regulations, the Chief of the Forest Service 

14 and the Director of the Bureau of Land Management 

15 should cooperate with State and local authorities and 

16 other entities to carry out waste removal and other activi17 ties on any Federal land used as a public target range 

18 to encourage continued use of that land for target practice 

19 or marksmanship training. 

20 TITLE III—PUBLIC LANDS 

21 FILMING 

22 SEC. 301. PURPOSE. 

23 The purpose of this title is to provide commercial film 

24 crews of 5 persons or fewer access to film in areas desVerDate Mar 15 2010 00:05 Oct 01, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3197.IH H3197

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1 ignated for public use during public hours on Federal 

2 lands and waterways. 

3 SEC. 302. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 

4 5 PERSONS OR FEWER. 

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

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

7 (1) redesignating paragraphs (1), (2), and (3) 

8 as subparagraphs (A), (B), and (C), respectively; 

9 (2) striking ‘‘The Secretary of the Interior’’ and 

10 inserting ‘‘(1) IN GENERAL.—Except as provided by 

11 paragraph (3), the Secretary of the Interior’’; 

12 (3) inserting ‘‘(2) OTHER CONSIDERATIONS.—’’ 

13 before ‘‘The Secretary may include other factors’’; 

14 and 

15 (4) adding at the end the following new para16 graph: 

17 ‘‘(3) SPECIAL RULES FOR FILM CREWS OF 5

18 PERSONS OR FEWER.— 

19 ‘‘(A) For any film crew of 5 persons or 

20 fewer, the Secretary shall require a permit and 

21 assess an annual fee of $200 for commercial 

22 filming activities or similar projects on Federal 

23 lands and waterways administered by the Sec24 retary. The permit shall be valid for commercial 

25 filming activities or similar projects that occur 


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1 in areas designated for public use during public 

2 hours on all Federal lands waterways adminis3 tered by the Secretary for a 12-month period 

4 beginning on the date of issuance of the permit. 

5 ‘‘(B) For persons holding a permit de6 scribed in this paragraph, the Secretary shall 

7 not assess, during the effective period of the 

8 permit, any additional fee for commercial film9 ing activities and similar projects that occur in 

10 areas designated for public use during public 

11 hours on Federal lands and waterways adminis12 tered by the Secretary. 

13 ‘‘(C) In this paragraph, the term ‘film 

14 crew’ includes all persons present on Federal 

15 land under the Secretary’s jurisdiction who are 

16 associated with the production of a certain film. 

17 ‘‘(D) The Secretary shall not prohibit, as 

18 a motorized vehicle or under any other pur19 poses, use of cameras or related equipment used 

20 for the purpose of commercial filming activities 

21 or similar projects in accordance with this para22 graph on Federal lands and waterways adminis23 tered by the Secretary.’’. 

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

25 Law 106–206 (16 U.S.C. 460l–6d) is amended by— 


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

2 ‘‘recover any costs’’; and 

3 (2) striking ‘‘similar project’’ and inserting 

4 ‘‘similar projects’’. 

5 TITLE IV—POLAR BEAR CON6 SERVATION AND FAIRNESS 

7 ACT 

8 SEC. 401. SHORT TITLE. 

9 This title may be cited as the ‘‘Polar Bear Conserva10 tion and Fairness Act of 2013’’. 

11 SEC. 402. PERMITS FOR IMPORTATION OF POLAR BEAR 

12 TROPHIES TAKEN IN SPORT HUNTS IN CAN13 ADA. 

14 Section 104(c)(5)(D) of the Marine Mammal Protec15 tion Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended 

16 to read as follows: 

17 ‘‘(D)(i) The Secretary of the Interior shall, ex18 peditiously after the expiration of the applicable 30- 

19 day period under subsection (d)(2), issue a permit 

20 for the importation of any polar bear part (other 

21 than an internal organ) from a polar bear taken in 

22 a sport hunt in Canada to any person— 

23 ‘‘(I) who submits, with the permit applica24 tion, proof that the polar bear was legally harVerDate Mar 15 2010 00:05 Oct 01, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3197.IH H3197

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1 vested by the person before February 18, 1997; 

2 or 

3 ‘‘(II) who has submitted, in support of a 

4 permit application submitted before May 15, 

5 2008, proof that the polar bear was legally har6 vested by the person before May 15, 2008, from 

7 a polar bear population from which a sport8 hunted trophy could be imported before that 

9 date in accordance with section 18.30(i) of title 

10 50, Code of Federal Regulations. 

11 ‘‘(ii) The Secretary shall issue permits under 

12 clause (i)(I) without regard to subparagraphs (A) 

13 and (C)(ii) of this paragraph, subsection (d)(3), and 

14 sections 101 and 102. Sections 101(a)(3)(B) and 

15 102(b)(3) shall not apply to the importation of any 

16 polar bear part authorized by a permit issued under 

17 clause (i)(I). This clause shall not apply to polar 

18 bear parts that were imported before June 12, 1997. 

19 ‘‘(iii) The Secretary shall issue permits under 

20 clause (i)(II) without regard to subparagraph (C)(ii) 

21 of this paragraph or subsection (d)(3). Sections 

22 101(a)(3)(B) and 102(b)(3) shall not apply to the 

23 importation of any polar bear part authorized by a 

24 permit issued under clause (i)(II). This clause shall 

25 not apply to polar bear parts that were imported beVerDate Mar 15 2010 00:05 Oct 01, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3197.IH H3197

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1 fore the date of enactment of the Polar Bear Con2 servation and Fairness Act of 2013.’’. 

3 TITLE V—PERMANENT 

4 ELECTRONIC DUCK STAMP ACT 

5 SEC. 501. SHORT TITLE. 

6 This title may be cited as the ‘‘Permanent Electronic 

7 Duck Stamp Act of 2013’’. 

8 SEC. 502. DEFINITIONS. 

9 In this title: 

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

11 means a Federal migratory-bird hunting and con12 servation stamp required under the Act of March 

13 16, 1934 (16 U.S.C. 718a et seq.) (popularly known 

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

15 and sold through the means established by the au16 thority of the Secretary immediately before the date 

17 of enactment of this Act. 

18 (2) AUTOMATED LICENSING SYSTEM.— 

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

20 licensing system’’ means an electronic, comput21 erized licensing system used by a State fish and 

22 wildlife agency to issue hunting, fishing, and 

23 other associated licenses and products. 

24 (B) INCLUSION.—The term ‘‘automated li25 censing system’’ includes a point-of-sale, InterVerDate Mar 15 2010 00:05 Oct 01, 2013 Jkt 029200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3197.IH H3197

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1 net, telephonic system, or other electronic appli2 cations used for a purpose described in sub3 paragraph (A). 

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

5 stamp’’ means an electronic version of an actual 

6 stamp that— 

7 (A) is a unique identifier for the individual 

8 to whom it is issued; 

9 (B) can be printed on paper or produced 

10 through an electronic application with the same 

11 indicators as the State endorsement provides; 

12 (C) is issued through a State automated li13 censing system that is authorized, under State 

14 law and by the Secretary under this title, to 

15 issue electronic stamps; 

16 (D) is compatible with the hunting licens17 ing system of the State that issues the elec18 tronic stamp; and 

19 (E) is described in the State application 

20 approved by the Secretary under section 

21 504(b). 

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

23 the Secretary of the Interior. 


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1 SEC. 503. AUTHORITY TO ISSUE ELECTRONIC DUCK 

2 STAMPS. 

3 (a) IN GENERAL.—The Secretary may authorize any 

4 State to issue electronic stamps in accordance with this 

5 title. 

6 (b) CONSULTATION.—The Secretary shall implement 

7 this section in consultation with State management agen8 cies. 

9 SEC. 504. STATE APPLICATION. 

10 (a) APPROVAL OF APPLICATION REQUIRED.—The 

11 Secretary may not authorize a State to issue electronic 

12 stamps under this title unless the Secretary has received 

13 and approved an application submitted by the State in ac14 cordance with this section. The Secretary may determine 

15 the number of new States per year to participate in the 

16 electronic stamp program. 

17 (b) CONTENTS OF APPLICATION.—The Secretary 

18 may not approve a State application unless the application 

19 contains— 

20 (1) a description of the format of the electronic 

21 stamp that the State will issue under this title, in22 cluding identifying features of the licensee that will 

23 be specified on the stamp; 

24 (2) a description of any fee the State will 

25 charge for issuance of an electronic stamp; 


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1 (3) a description of the process the State will 

2 use to account for and transfer to the Secretary the 

3 amounts collected by the State that are required to 

4 be transferred to the Secretary under the program; 

5 (4) the manner by which the State will transmit 

6 electronic stamp customer data to the Secretary; 

7 (5) the manner by which actual stamps will be 

8 delivered; 

9 (6) the policies and procedures under which the 

10 State will issue duplicate electronic stamps; and 

11 (7) such other policies, procedures, and infor12 mation as may be reasonably required by the Sec13 retary. 

14 (c) PUBLICATION OF DEADLINES, ELIGIBILITY RE15 QUIREMENTS, AND SELECTION CRITERIA.—Not later than 

16 30 days before the date on which the Secretary begins ac17 cepting applications under this section, the Secretary shall 

18 publish— 

19 (1) deadlines for submission of applications; 

20 (2) eligibility requirements for submitting appli21 cations; and 

22 (3) criteria for approving applications. 

23 SEC. 505. STATE OBLIGATIONS AND AUTHORITIES. 

24 (a) DELIVERY OF ACTUAL STAMP.—The Secretary 

25 shall require that each individual to whom a State sells 


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1 an electronic stamp under this title shall receive an actual 

2 stamp— 

3 (1) by not later than the date on which the 

4 electronic stamp expires under section 506(c); and 

5 (2) in a manner agreed upon by the State and 

6 Secretary. 

7 (b) COLLECTION AND TRANSFER OF ELECTRONIC

8 STAMP REVENUE AND CUSTOMER INFORMATION.— 

9 (1) REQUIREMENT TO TRANSMIT.—The Sec10 retary shall require each State authorized to issue 

11 electronic stamps to collect and submit to the Sec12 retary in accordance with this section— 

13 (A) the first name, last name, and com14 plete mailing address of each individual that 

15 purchases an electronic stamp from the State; 

16 (B) the face value amount of each elec17 tronic stamp sold by the State; and 

18 (C) the amount of the Federal portion of 

19 any fee required by the agreement for each 

20 stamp sold. 

21 (2) TIME OF TRANSMITTAL.—The Secretary 

22 shall require the submission under paragraph (1) to 

23 be made with respect to sales of electronic stamps 

24 by a State according to the written agreement be25 tween the Secretary and the State agency. 


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1 (3) ADDITIONAL FEES NOT AFFECTED.—This 

2 section shall not apply to the State portion of any 

3 fee collected by a State under subsection (c). 

4 (c) ELECTRONIC STAMP ISSUANCE FEE.—A State 

5 authorized to issue electronic stamps may charge a reason6 able fee to cover costs incurred by the State and the De7 partment of the Interior in issuing electronic stamps 

8 under this title, including costs of delivery of actual 

9 stamps. 

10 (d) DUPLICATE ELECTRONIC STAMPS.—A State au11 thorized to issue electronic stamps may issue a duplicate 

12 electronic stamp to replace an electronic stamp issued by 

13 the State that is lost or damaged. 

14 (e) LIMITATION ON AUTHORITY TO REQUIRE PUR15 CHASE OF STATE LICENSE.—A State may not require 

16 that an individual purchase a State hunting license as a 

17 condition of issuing an electronic stamp under this title. 

18 SEC. 506. ELECTRONIC STAMP REQUIREMENTS; RECOGNI19 TION OF ELECTRONIC STAMP. 

20 (a) STAMP REQUIREMENTS.—The Secretary shall re21 quire an electronic stamp issued by a State under this 

22 title— 

23 (1) to have the same format as any other li24 cense, validation, or privilege the State issues under 

25 the automated licensing system of the State; and 


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1 (2) to specify identifying features of the licensee 

2 that are adequate to enable Federal, State, and 

3 other law enforcement officers to identify the holder. 

4 (b) RECOGNITION OF ELECTRONIC STAMP.—Any 

5 electronic stamp issued by a State under this title shall, 

6 during the effective period of the electronic stamp— 

7 (1) bestow upon the licensee the same privileges 

8 as are bestowed by an actual stamp; 

9 (2) be recognized nationally as a valid Federal 

10 migratory bird hunting and conservation stamp; and 

11 (3) authorize the licensee to hunt migratory wa12 terfowl in any other State, in accordance with the 

13 laws of the other State governing that hunting. 

14 (c) DURATION.—An electronic stamp issued by a 

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

16 and the Secretary, which shall not exceed 45 days. 

17 SEC. 507. TERMINATION OF STATE PARTICIPATION. 

18 The authority of a State to issue electronic stamps 

19 under this title may be terminated— 

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

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

22 the terms of the application of the State ap23 proved by the Secretary under section 504; and 


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1 (B) provides to the State written notice of 

2 the termination by not later than the date that 

3 is 30 days before the date of termination; or 

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

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

6 days before the termination date. 

7 TITLE VI—ACCESS TO WATER 

8 RESOURCES DEVELOPMENT 

9 PROJECTS ACT 

10 SEC. 601. SHORT TITLE. 

11 This title may be cited as the ‘‘Recreational Lands 

12 Self-Defense Act of 2013’’. 

13 SEC. 602. PROTECTING AMERICANS FROM VIOLENT CRIME. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) The Second Amendment to the Constitution 

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

17 bear Arms, shall not be infringed’’. 

18 (2) Section 327.13 of title 36, Code of Federal 

19 Regulations, provides that, except in special cir20 cumstances, ‘‘possession of loaded firearms, ammu21 nition, loaded projectile firing devices, bows and ar22 rows, crossbows, or other weapons is prohibited’’ at 

23 water resources development projects administered 

24 by the Secretary of the Army. 


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1 (3) The regulations described in paragraph (2) 

2 prevent individuals complying with Federal and 

3 State laws from exercising the second amendment 

4 rights of the individuals while at such water re5 sources development projects. 

6 (4) The Federal laws should make it clear that 

7 the second amendment rights of an individual at a 

8 water resources development project should not be 

9 infringed. 

10 (b) PROTECTING THE RIGHT OF INDIVIDUALS TO

11 BEAR ARMS AT WATER RESOURCES DEVELOPMENT

12 PROJECTS.—The Secretary of the Army shall not promul13 gate or enforce any regulation that prohibits an individual 

14 from possessing a firearm including an assembled or func15 tional firearm at a water resources development project 

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

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

18 Act), if— 

19 (1) the individual is not otherwise prohibited by 

20 law from possessing the firearm; and 

21 (2) the possession of the firearm is in compli22 ance with the law of the State in which the water 

23 resources development project is located. 


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1 TITLE VII—WILDLIFE AND HUNT2 ING HERITAGE CONSERVA3 TION COUNCIL ADVISORY 

4 COMMITTEE 

5 SEC. 701. WILDLIFE AND HUNTING HERITAGE CONSERVA6 TION COUNCIL ADVISORY COMMITTEE. 

7 The Fish and Wildlife Coordination Act (16 U.S.C. 

8 661 et seq.) is amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVA11 TION COUNCIL ADVISORY COMMITTEE. 

12 ‘‘(a) ESTABLISHMENT.—There is hereby established 

13 the Wildlife and Hunting Heritage Conservation Council 

14 Advisory Committee (in this section referred to as the ‘Ad15 visory Committee’) to advise the Secretaries of the Interior 

16 and Agriculture on wildlife and habitat conservation, 

17 hunting, and recreational shooting. 

18 ‘‘(b) DUTIES OF THE ADVISORY COMMITTEE.—The 

19 Advisory Committee shall advise the Secretaries with re20 gard to— 

21 ‘‘(1) implementation of Executive Order No. 

22 13443: Facilitation of Hunting Heritage and Wild23 life Conservation, which directs Federal agencies ‘to 

24 facilitate the expansion and enhancement of hunting 


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1 opportunities and the management of game species 

2 and their habitat’; 

3 ‘‘(2) policies or programs to conserve and re4 store wetlands, agricultural lands, grasslands, forest, 

5 and rangeland habitats; 

6 ‘‘(3) policies or programs to promote opportuni7 ties and access to hunting and shooting sports on 

8 Federal lands; 

9 ‘‘(4) policies or programs to recruit and retain 

10 new hunters and shooters; 

11 ‘‘(5) policies or programs that increase public 

12 awareness of the importance of wildlife conservation 

13 and the social and economic benefits of recreational 

14 hunting and shooting; and 

15 ‘‘(6) policies or programs that encourage co16 ordination among the public, the hunting and shoot17 ing sports community, wildlife conservation groups, 

18 and States, tribes, and the Federal Government. 

19 ‘‘(c) MEMBERSHIP.— 

20 ‘‘(1) APPOINTMENT.— 

21 ‘‘(A) IN GENERAL.—The Advisory Com22 mittee shall consist of no more than 16 discre23 tionary members and 7 ex officio members. 

24 ‘‘(B) EX OFFICIO MEMBERS.—The ex offi25 cio members are— 


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1 ‘‘(i) the Director of the United States 

2 Fish and Wildlife Service or a designated 

3 representative of the Director; 

4 ‘‘(ii) the Director of the Bureau of 

5 Land Management or a designated rep6 resentative of the Director; 

7 ‘‘(iii) the Director of the National 

8 Park Service or a designated representa9 tive of the Director; 

10 ‘‘(iv) the Chief of the Forest Service 

11 or a designated representative of the Chief; 

12 ‘‘(v) the Chief of the Natural Re13 sources Conservation Service or a des14 ignated representative of the Chief; 

15 ‘‘(vi) the Administrator of the Farm 

16 Service Agency or a designated representa17 tive of the Administrator; and 

18 ‘‘(vii) the Executive Director of the 

19 Association of Fish and Wildlife Agencies. 

20 ‘‘(C) DISCRETIONARY MEMBERS.—The dis21 cretionary members shall be appointed jointly 

22 by the Secretaries from at least one of each of 

23 the following: 

24 ‘‘(i) State fish and wildlife agencies. 


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1 ‘‘(ii) Game bird hunting organiza2 tions. 

3 ‘‘(iii) Wildlife conservation organiza4 tions. 

5 ‘‘(iv) Big game hunting organizations. 

6 ‘‘(v) Waterfowl hunting organizations. 

7 ‘‘(vi) The tourism, outfitter, or guid8 ing industry. 

9 ‘‘(vii) The firearms or ammunition 

10 manufacturing industry. 

11 ‘‘(viii) The hunting or shooting equip12 ment retail industry. 

13 ‘‘(ix) Hunting and shooting sports 

14 outreach and education organizations. 

15 ‘‘(x) Tribal resource management or16 ganizations. 

17 ‘‘(xi) The agriculture industry. 

18 ‘‘(xii) The ranching industry. 

19 ‘‘(D) ELIGIBILITY.—Prior to the appoint20 ment of the discretionary members, the Secre21 taries shall determine that all individuals nomi22 nated for appointment to the Advisory Com23 mittee, and the organization each individual 

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1 tainable-use hunting, wildlife conservation, and 

2 recreational shooting. 

3 ‘‘(2) TERMS.— 

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

5 subparagraph (B), members of the Advisory 

6 Committee shall be appointed for a term of 4 

7 years. Members shall not be appointed for more 

8 than 3 consecutive or nonconsecutive terms. 

9 ‘‘(B) TERMS OF INITIAL APPOINTEES.—As 

10 designated by the Secretary at the time of ap11 pointment, of the members first appointed— 

12 ‘‘(i) 6 members shall be appointed for 

13 a term of 4 years; 

14 ‘‘(ii) 5 members shall be appointed for 

15 a term of 3 years; and 

16 ‘‘(iii) 5 members shall be appointed 

17 for a term of 2 years. 

18 ‘‘(3) PRESERVATION OF PUBLIC ADVISORY STA19 TUS.—No individual may be appointed as a discre20 tionary member of the Advisory Committee while 

21 serving as an officer or employee of the Federal 

22 Government. 

23 ‘‘(4) VACANCY AND REMOVAL.— 

24 ‘‘(A) IN GENERAL.—Any vacancy on the 

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1 ner in which the original appointment was 

2 made. 

3 ‘‘(B) REMOVAL.—Advisory Committee 

4 members shall serve at the discretion of the 

5 Secretaries and may be removed at any time for 

6 good cause. 

7 ‘‘(5) CONTINUATION OF SERVICE.—Each ap8 pointed member may continue to serve after the ex9 piration of the term of office to which such member 

10 was appointed until a successor has been appointed. 

11 ‘‘(6) CHAIRPERSON.—The Chairperson of the 

12 Advisory Committee shall be appointed for a 3-year 

13 term by the Secretaries, jointly, from among the 

14 members of the Advisory Committee. An individual 

15 may not be appointed as Chairperson for more than 

16 2 consecutive or nonconsecutive terms. 

17 ‘‘(7) PAY AND EXPENSES.—Members of the Ad18 visory Committee shall serve without pay for such 

19 service, but each member of the Advisory Committee 

20 shall be reimbursed for travel and lodging incurred 

21 through attending meetings of the Advisory Com22 mittee approved subgroup meetings in the same 

23 amounts and under the same conditions as Federal 

24 employees (in accordance with section 5703 of title 

25 5, United States Code). 


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1 ‘‘(8) MEETINGS.— 

2 ‘‘(A) IN GENERAL.—The Advisory Com3 mittee shall meet at the call of the Secretaries, 

4 the chairperson, or a majority of the members, 

5 but not less frequently than twice annually. 

6 ‘‘(B) OPEN MEETINGS.—Each meeting of 

7 the Advisory Committee shall be open to the 

8 public. 

9 ‘‘(C) PRIOR NOTICE OF MEETINGS.—Time10 ly notice of each meeting of the Advisory Com11 mittee shall be published in the Federal Reg12 ister and be submitted to trade publications and 

13 publications of general circulation. 

14 ‘‘(D) SUBGROUPS.—The Advisory Com15 mittee may establish such workgroups or sub16 groups as it deems necessary for the purpose of 

17 compiling information or conducting research. 

18 However, such workgroups may not conduct 

19 business without the direction of the Advisory 

20 Committee and must report in full to the Advi21 sory Committee. 

22 ‘‘(9) QUORUM.—Nine members of the Advisory 

23 Committee shall constitute a quorum. 


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1 ‘‘(d) EXPENSES.—The expenses of the Advisory 

2 Committee that the Secretaries determine to be reasonable 

3 and appropriate shall be paid by the Secretaries. 

4 ‘‘(e) ADMINISTRATIVE SUPPORT, TECHNICAL SERV5 ICES, AND ADVICE.—A designated Federal Officer shall 

6 be jointly appointed by the Secretaries to provide to the 

7 Advisory Committee the administrative support, technical 

8 services, and advice that the Secretaries determine to be 

9 reasonable and appropriate. 

10 ‘‘(f) ANNUAL REPORT.— 

11 ‘‘(1) REQUIRED.—Not later than September 30 

12 of each year, the Advisory Committee shall submit 

13 a report to the Secretaries, the Committee on Nat14 ural Resources and the Committee on Agriculture of 

15 the House of Representatives, and the Committee on 

16 Energy and Natural Resources and the Committee 

17 on Agriculture, Nutrition, and Forestry of the Sen18 ate. If circumstances arise in which the Advisory 

19 Committee cannot meet the September 30 deadline 

20 in any year, the Secretaries shall advise the Chair21 persons of each such Committee of the reasons for 

22 such delay and the date on which the submission of 

23 the report is anticipated. 

24 ‘‘(2) CONTENTS.—The report required by para25 graph (1) shall describe— 


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1 ‘‘(A) the activities of the Advisory Com2 mittee during the preceding year; 

3 ‘‘(B) the reports and recommendations 

4 made by the Advisory Committee to the Secre5 taries during the preceding year; and 

6 ‘‘(C) an accounting of actions taken by the 

7 Secretaries as a result of the recommendations. 

8 ‘‘(g) FEDERAL ADVISORY COMMITTEE ACT.—The 

9 Advisory Committee shall be exempt from the Federal Ad10 visory Committee Act (5 U.S.C. App.). 

11 ‘‘(h) ABOLISHMENT OF THE EXISTING WILDLIFE

12 AND HUNTING HERITAGE CONSERVATION COUNCIL ADVI13 SORY COMMITTEE.—Effective on the date of the enact14 ment of this Act, the Wildlife and Hunting Heritage Con15 servation Council formed in furtherance of section 441 of 

16 the Revised Statutes (43 U.S.C. 1457), the Fish and 

17 Wildlife Act of 1956 (16 U.S.C. 742a), and other Acts 

18 applicable to specific bureaus of the Department of the 

19 Interior is hereby abolished.’’. 


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1 TITLE VIII—RECREATIONAL 

2 FISHING AND HUNTING HER3 ITAGE AND OPPORTUNITIES 

4 ACT 

5 SEC. 801. SHORT TITLE. 

6 This title may be cited as the ‘‘Recreational Fishing 

7 and Hunting Heritage and Opportunities Act’’. 

8 SEC. 802. FINDINGS. 

9 Congress finds that— 

10 (1) recreational fishing and hunting are impor11 tant and traditional activities in which millions of 

12 Americans participate; 

13 (2) recreational anglers and hunters have been 

14 and continue to be among the foremost supporters 

15 of sound fish and wildlife management and conserva16 tion in the United States; 

17 (3) recreational fishing and hunting are envi18 ronmentally acceptable and beneficial activities that 

19 occur and can be provided on Federal public lands 

20 and waters without adverse effects on other uses or 

21 users; 

22 (4) recreational anglers, hunters, and sporting 

23 organizations provide direct assistance to fish and 

24 wildlife managers and enforcement officers of the 

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1 ernments by investing volunteer time and effort to 

2 fish and wildlife conservation; 

3 (5) recreational anglers, hunters, and the asso4 ciated industries have generated billions of dollars of 

5 critical funding for fish and wildlife conservation, re6 search, and management by providing revenues from 

7 purchases of fishing and hunting licenses, permits, 

8 and stamps, as well as excise taxes on fishing, hunt9 ing, and shooting equipment that have generated bil10 lions of dollars of critical funding for fish and wild11 life conservation, research, and management; 

12 (6) recreational shooting is also an important 

13 and traditional activity in which millions of Ameri14 cans participate, safe recreational shooting is a valid 

15 use of Federal public lands, including the establish16 ment of safe and convenient shooting ranges on such 

17 lands, and participation in recreational shooting 

18 helps recruit and retain hunters and contributes to 

19 wildlife conservation; 

20 (7) opportunities to recreationally fish, hunt, 

21 and shoot are declining, which depresses participa22 tion in these traditional activities, and depressed 

23 participation adversely impacts fish and wildlife con24 servation and funding for important conservation ef25 forts; and 


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

2 citizens’ fish and wildlife resources benefitted, by ac3 tion to ensure that opportunities are facilitated to 

4 engage in fishing and hunting on Federal public 

5 land as recognized by Executive Order No. 12962, 

6 relating to recreational fisheries, and Executive 

7 Order No. 13443, relating to facilitation of hunting 

8 heritage and wildlife conservation. 

9 SEC. 803. DEFINITIONS. 

10 In this title: 

11 (1) FEDERAL PUBLIC LAND.—The term ‘‘Fed12 eral public land’’ means any land or water that is 

13 owned and managed by the Bureau of Land Man14 agement or the Forest Service. 

15 (2) FEDERAL PUBLIC LAND MANAGEMENT OF16 FICIALS.—The term ‘‘Federal public land manage17 ment officials’’ means— 

18 (A) the Secretary of the Interior and Di19 rector of Bureau of Land Management regard20 ing Bureau of Land Management lands and 

21 waters; and 

22 (B) the Secretary of Agriculture and Chief 

23 of the Forest Service regarding the National 

24 Forest System. 

25 (3) HUNTING.— 


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

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

3 use of a firearm, bow, or other authorized 

4 means in the lawful— 

5 (i) pursuit, shooting, capture, collec6 tion, trapping, or killing of wildlife; 

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

8 collect, trap, or kill wildlife; or 

9 (iii) the training of hunting dogs, in10 cluding field trials. 

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

12 does not include the use of skilled volunteers to 

13 cull excess animals (as defined by other Federal 

14 law). 

15 (4) RECREATIONAL FISHING.—The term ‘‘rec16 reational fishing’’ means the lawful— 

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

18 of fish; or 

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

20 (5) 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. 804. RECREATIONAL FISHING, HUNTING, AND SHOOT2 ING. 

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

4 and subsection (g), and cooperation with the respective 

5 State fish and wildlife agency, Federal public land man6 agement officials shall exercise authority under existing 

7 law, including provisions regarding land use planning, to 

8 facilitate use of and access to Federal public lands, includ9 ing National Monuments, Wilderness Areas, Wilderness 

10 Study Areas, and lands administratively classified as wil11 derness eligible or suitable and primitive or semi-primitive 

12 areas, for fishing, sport hunting, and recreational shoot13 ing, except as limited by— 

14 (1) statutory authority that authorizes action or 

15 withholding action for reasons of national security, 

16 public safety, or resource conservation; 

17 (2) any other Federal statute that specifically 

18 precludes recreational fishing, hunting, or shooting 

19 on specific Federal public lands, waters, or units 

20 thereof; and 

21 (3) discretionary limitations on recreational 

22 fishing, hunting, and shooting determined to be nec23 essary and reasonable as supported by the best sci24 entific evidence and advanced through a transparent 

25 public process. 


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

2 the head of each Federal public land management agency 

3 shall exercise its land management discretion— 

4 (1) in a manner that supports and facilitates 

5 recreational fishing, hunting, and shooting opportu6 nities; 

7 (2) to the extent authorized under applicable 

8 State law; and 

9 (3) in accordance with applicable Federal law. 

10 (c) PLANNING.— 

11 (1) EVALUATION OF EFFECTS ON OPPORTUNI12 TIES TO ENGAGE IN RECREATIONAL FISHING, HUNT13 ING, OR SHOOTING.—Federal public land planning 

14 documents, including land resources management 

15 plans, resource management plans, and comprehen16 sive conservation plans, shall include a specific eval17 uation of the effects of such plans on opportunities 

18 to engage in recreational fishing, hunting, or shoot19 ing. 

20 (2) NO MAJOR FEDERAL ACTION.—No action 

21 taken under this title, or under section 4 of the Na22 tional Wildlife Refuge System Administration Act of 

23 1966 (16 U.S.C. 668dd), either individually or cu24 mulatively with other actions involving Federal pub25 lic lands or lands managed by the United States 


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1 Fish and Wildlife Service, shall be considered to be 

2 a major Federal action significantly affecting the 

3 quality of the human environment, and no additional 

4 identification, analysis, or consideration of environ5 mental effects, including cumulative effects, is nec6 essary or required. 

7 (3) OTHER ACTIVITY NOT CONSIDERED.—Fed8 eral public land management officials are not re9 quired to consider the existence or availability of rec10 reational fishing, hunting, or shooting opportunities 

11 on adjacent or nearby public or private lands in the 

12 planning for or determination of which Federal pub13 lic lands are open for these activities or in the set14 ting of levels of use for these activities on Federal 

15 public lands, unless the combination or coordination 

16 of such opportunities would enhance the recreational 

17 fishing, hunting, or shooting opportunities available 

18 to the public. 

19 (d) FEDERAL PUBLIC LANDS.— 

20 (1) LANDS OPEN.—Lands under the jurisdic21 tion of the Bureau of Land Management and the 

22 Forest Service, including Wilderness Areas, Wilder23 ness Study Areas, lands designated as wilderness or 

24 administratively classified as wilderness eligible or 

25 suitable and primitive or semi-primitive areas and 


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1 National Monuments, but excluding lands on the 

2 Outer Continental Shelf, shall be open to rec3 reational fishing, hunting, and shooting unless the 

4 managing Federal agency acts to close lands to such 

5 activity. Lands may be subject to closures or restric6 tions if determined by the head of the agency to be 

7 necessary and reasonable and supported by facts 

8 and evidence, for purposes including resource con9 servation, public safety, energy or mineral produc10 tion, energy generation or transmission infrastruc11 ture, water supply facilities, protection of other per12 mittees, protection of private property rights or in13 terest, national security, or compliance with other 

14 law. 

15 (2) SHOOTING RANGES.— 

16 (A) IN GENERAL.—The head of each Fed17 eral agency shall use his or her authorities in 

18 a manner consistent with this title and other 

19 applicable law, to— 

20 (i) lease or permit use of lands under 

21 the jurisdiction of the agency for shooting 

22 ranges; and 

23 (ii) designate specific lands under the 

24 jurisdiction of the agency for recreational 

25 shooting activities. 


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1 (B) LIMITATION ON LIABILITY.—Any des2 ignation under subparagraph (A)(ii) shall not 

3 subject the United States to any civil action or 

4 claim for monetary damages for injury or loss 

5 of property or personal injury or death caused 

6 by any activity occurring at or on such des7 ignated lands. 

8 (e) NECESSITY IN WILDERNESS AREAS AND ‘‘WITH9 IN AND SUPPLEMENTAL TO’’ WILDERNESS PURPOSES.— 

10 (1) MINIMUM REQUIREMENTS FOR ADMINIS11 TRATION.—The provision of opportunities for hunt12 ing, fishing and recreational shooting, and the con13 servation of fish and wildlife to provide sustainable 

14 use recreational opportunities on designated Federal 

15 wilderness areas shall constitute measures necessary 

16 to meet the minimum requirements for the adminis17 tration of the wilderness area, provided that this de18 termination shall not authorize or facilitate com19 modity development, use, or extraction, motorized 

20 recreational access or use that is not otherwise al21 lowed under the Wilderness Act (16 U.S.C. 1131 et 

22 seq.), or permanent road construction or mainte23 nance within designated wilderness areas. 

24 (2) APPLICATION OF WILDERNESS ACT.—Provi25 sions of the Wilderness Act (16 U.S.C. 1131 et 


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1 seq.), stipulating that wilderness purposes are ‘‘with2 in and supplemental to’’ the purposes of the under3 lying Federal land unit are reaffirmed. When seek4 ing to carry out fish and wildlife conservation pro5 grams and projects or provide fish and wildlife de6 pendent recreation opportunities on designated wil7 derness areas, the head of each Federal agency shall 

8 implement these supplemental purposes so as to fa9 cilitate, enhance, or both, but not to impede the un10 derlying Federal land purposes when seeking to 

11 carry out fish and wildlife conservation programs 

12 and projects or provide fish and wildlife dependent 

13 recreation opportunities in designated wilderness 

14 areas, provided that such implementation shall not 

15 authorize or facilitate commodity development, use 

16 or extraction, or permanent road construction or use 

17 within designated wilderness areas. 

18 (f) REPORT.—Beginning on the second October 1 

19 after the date of the enactment of this Act and biennially 

20 on October 1 thereafter, the head of each Federal agency 

21 who has authority to manage Federal public land on which 

22 fishing, hunting, or recreational shooting occurs shall sub23 mit to the Committee on Natural Resources of the House 

24 of Representatives and the Committee on Energy and 

25 Natural Resources of the Senate a report that describes— 


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1 (1) any Federal public land administered by the 

2 agency head that was closed to recreational fishing, 

3 sport hunting, or shooting at any time during the 

4 preceding year; and 

5 (2) the reason for the closure. 

6 (g) CLOSURES OR SIGNIFICANT RESTRICTIONS OF

7 640 OR MORE ACRES.— 

8 (1) IN GENERAL.—Other than closures estab9 lished or prescribed by land planning actions re10 ferred to in subsection (d) or emergency closures de11 scribed in paragraph (3) of this subsection, a perma12 nent or temporary withdrawal, change of classifica13 tion, or change of management status of Federal 

14 public land that effectively closes or significantly re15 stricts 640 or more contiguous acres of Federal pub16 lic land to access or use for fishing or hunting or ac17 tivities related to fishing, hunting, or both, shall 

18 take effect only if, before the date of withdrawal or 

19 change, the head of the Federal agency that has ju20 risdiction over the Federal public land— 

21 (A) publishes appropriate notice of the 

22 withdrawal or change, respectively; 

23 (B) demonstrates that coordination has oc24 curred with a State fish and wildlife agency; 

25 and 


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1 (C) submits to the Committee on Natural 

2 Resources of the House of Representatives and 

3 the Committee on Energy and Natural Re4 sources of the Senate written notice of the with5 drawal or change, respectively. 

6 (2) AGGREGATE OR CUMULATIVE EFFECTS.—If 

7 the aggregate or cumulative effect of separate with8 drawals or changes effectively closes or significantly 

9 restricts 1,280 or more acres of land or water, such 

10 withdrawals and changes shall be treated as a single 

11 withdrawal or change for purposes of paragraph (1). 

12 (3) EMERGENCY CLOSURES.—Nothing in this 

13 title prohibits a Federal land management agency 

14 from establishing or implementing emergency clo15 sures or restrictions of the smallest practicable area 

16 to provide for public safety, resource conservation, 

17 national security, or other purposes authorized by 

18 law. Such an emergency closure shall terminate after 

19 a reasonable period of time unless converted to a 

20 permanent closure consistent with this title. 

21 (h) NATIONAL PARK SERVICE UNITS NOT AF22 FECTED.—Nothing in this title shall affect or modify man23 agement or use of units of the National Park System. 

24 (i) NO PRIORITY.—Nothing in this title requires a 

25 Federal land management agency to give preference to 


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1 recreational fishing, hunting, or shooting over other uses 

2 of Federal public land or over land or water management 

3 priorities established by Federal law. 

4 (j) CONSULTATION WITH COUNCILS.—In fulfilling 

5 the duties set forth in this title, the heads of Federal agen6 cies shall consult with respective advisory councils as es7 tablished in Executive Order Nos. 12962 and 13443. 

8 (k) AUTHORITY OF THE STATES.— 

9 (1) IN GENERAL.—Nothing in this title shall be 

10 construed as interfering with, diminishing, or con11 flicting with the authority, jurisdiction, or responsi12 bility of any State to exercise primary management, 

13 control, or regulation of fish and wildlife under State 

14 law (including regulations) on land or water within 

15 the State, including on Federal public land. 

16 (2) FEDERAL LICENSES.—Nothing in this title 

17 shall be construed to authorize the head of a Federal 

18 agency head to require a license, fee, or permit to 

19 fish, hunt, or trap on land or water in a State, in20 cluding on Federal public land in the States, except 

21 that this paragraph shall not affect the Migratory 

22 Bird Stamp requirement set forth in the Migratory 

23 Bird Hunting and Conservation Stamp Act (16 

24 U.S.C. 718 et seq.). 


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1 TITLE IX—GULF OF MEXICO RED 

2 SNAPPER CONSERVATION ACT 

3 SEC. 901. SHORT TITLE. 

4 This title may be cited as the ‘‘Gulf of Mexico Red 

5 Snapper Conservation Act of 2013’’. 

6 SEC. 902. DEFINITIONS. 

7 In this title: 

8 (1) COASTAL WATERS.—The term ‘‘coastal 

9 waters’’ means all waters of the Gulf of Mexico— 

10 (A) shoreward of the baseline from which 

11 the territorial sea of the United States is meas12 ured; and 

13 (B) seaward from the baseline described in 

14 subparagraph (A) to the outer boundary of the 

15 exclusive economic zone. 

16 (2) COMMISSION.—The term ‘‘Commission’’ 

17 means the Gulf States Marine Fisheries Commis18 sion. 

19 (3) EXCLUSIVE ECONOMIC ZONE.—The term 

20 ‘‘exclusive economic zone’’ has the meaning given to 

21 such term in section 3 of the Magnuson-Stevens 

22 Fishery Conservation and Management Act (16 

23 U.S.C. 1802). 

24 (4) FEDERAL FISHERY MANAGEMENT PLAN.— 

25 The term ‘‘Federal fishery management plan’’ 


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1 means the Fishery Management Plan for the Reef 

2 Fish Resources of the Gulf of Mexico prepared by 

3 the Gulf of Mexico Fishery Management Council 

4 pursuant to section 622.1 of title 50, Code of Fed5 eral Regulations. 

6 (5) FISHERY MANAGEMENT MEASURE.—The 

7 term ‘‘fishery management measure’’ means any pol8 icy, process, or tool used by a Gulf coastal State to 

9 implement the fishery management plan. 

10 (6) FISHERY MANAGEMENT PLAN.—The term 

11 ‘‘fishery management plan’’ means a plan created by 

12 the Commission for the sustainability of Gulf of 

13 Mexico red snapper and the economic and commu14 nity benefits of each of the Gulf coastal States. 

15 (7) GULF COASTAL STATE.—The term ‘‘Gulf 

16 coastal State’’ means any of— 

17 (A) Alabama; 

18 (B) Florida; 

19 (C) Louisiana; 

20 (D) Mississippi; or 

21 (E) Texas. 

22 (8) GULF OF MEXICO RED SNAPPER.—The 

23 term ‘‘Gulf of Mexico red snapper’’ means members 

24 of stocks or populations of the species Lutjanis 


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1 campechanus, which ordinarily are found shoreward 

2 of coastal waters. 

3 (9) OVERFISHING.—The term ‘‘overfishing’’ has 

4 the meaning given to such term in section 3 of the 

5 Magnuson-Stevens Fishery Conservation and Man6 agement Act (16 U.S.C. 1802). 

7 (10) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Commerce. 

9 SEC. 903. DATA COLLECTION STRATEGY FOR GULF OF MEX10 ICO RED SNAPPER. 

11 Not later than one year after the date of the enact12 ment of this title, the Commission, with the support of 

13 the Secretary, shall prepare and adopt by vote a strategy 

14 for the collection of data on the Gulf of Mexico red snap15 per fishery that shall include— 

16 (1) measures to enhance interstate collaboration 

17 on the collection of data regarding the Gulf of Mex18 ico red snapper fishery; and 

19 (2) a plan to undertake annual stock assess20 ments of Gulf of Mexico red snapper. 

21 SEC. 904. ADOPTING A FISHERY MANAGEMENT PLAN. 

22 (a) IN GENERAL.—Not later than one year after the 

23 date of the enactment of this title, the Commission shall 

24 prepare and adopt by vote a fishery management plan and 

25 submit the plan to the Secretary. 


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1 (b) REQUIREMENTS.—In adopting a fishery manage2 ment plan under subsection (a), the Commission shall en3 sure— 

4 (1) adequate opportunity for public participa5 tion prior to a vote under subsection (a), including— 

6 (A) at least 1 public hearing held in each 

7 Gulf coastal State; and 

8 (B) procedures for submitting written com9 ments on the fishery management plan to the 

10 Commission and for making such comments 

11 and responses of the Commission available to 

12 the public; and 

13 (2) that such plan contains standards and pro14 cedures for the long-term sustainability of Gulf of 

15 Mexico red snapper based on the available science. 

16 (c) LIMITATIONS ON QUOTAS.—The fishery manage17 ment plan shall address the quotas of Gulf of Mexico red 

18 snapper on the date of the enactment of this title as fol19 lows: 

20 (1) Based on stock assessments, the fishery 

21 management plan may increase the quota appor22 tioned to commercial fishing in a fair and equitable 

23 manner. 

24 (2) Except as provided in paragraph (3), the 

25 fishery management plan shall not reduce such 


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1 quota until the end of the 3-year period beginning 

2 on the date of the enactment of this title. 

3 (3) If there is a reduction in the stock of Gulf 

4 of Mexico red snapper before the end of the period 

5 described in paragraph (2), the fishery management 

6 plan shall reduce quotas apportioned to all fishing 

7 sectors in a fair and equitable manner that ensures 

8 a sustainable harvest of Gulf of Mexico red snapper. 

9 (d) GULF COASTAL STATE REQUIREMENTS.—The 

10 fishery management plan shall describe standards of com11 pliance for Gulf coastal States to use in developing fishery 

12 management measures. 

13 SEC. 905. REVIEW AND CERTIFICATION BY SECRETARY. 

14 (a) PLAN REVIEW.—The Secretary shall review the 

15 fishery management plan submitted pursuant to section 

16 904 to determine if the plan— 

17 (1) is compatible, to the extent practicable, with 

18 section 301 of the Magnuson-Stevens Fishery Con19 servation and Management Act (16 U.S.C. 1851); 

20 and 

21 (2) will ensure the long-term sustainability of 

22 Gulf of Mexico red snapper populations. 

23 (b) PLAN CERTIFICATION.—The Secretary shall de24 termine whether to certify the fishery management plan 

25 based on the review conducted under subsection (a). 


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1 (c) FAILURE TO CERTIFY.—If the Secretary does not 

2 certify the fishery management plan under subsection (b), 

3 the Secretary shall submit a written explanation to the 

4 Commission explaining why the plan was not certified. 

5 The Commission may submit a new fishery management 

6 plan to the Secretary pursuant to section 904. 

7 (d) TIME FOR SECRETARY RESPONSE.—If the Sec8 retary fails to act pursuant to subsection (b) within 120 

9 days after receipt of the fishery management plan, the 

10 plan shall be treated as certified by the Secretary. 

11 SEC. 906. STATE IMPLEMENTATION OF THE FISHERY MAN12 AGEMENT PLAN. 

13 (a) MANAGEMENT MEASURES DEADLINE.—The 

14 Commission shall establish a deadline for each Gulf coast15 al State to submit fishery management measures to the 

16 Commission. 

17 (b) REVIEW AND APPROVAL.—Within 60 days after 

18 receipt of the fishery management measures, the Commis19 sion shall review and approve such measures that ensure 

20 each Gulf coastal State is in compliance with the objectives 

21 of the fishery management plan. 

22 (c) REVOCATION OF FEDERAL MANAGEMENT.—The 

23 Commission shall certify to the Secretary that the Com24 mission has approved the fishery management measures 


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1 submitted under subsection (a) for all Gulf coastal States. 

2 Upon receipt of the certification, the Secretary shall— 

3 (1) publish a notice in the Federal Register re4 voking those regulations and portions of the Federal 

5 fishery management plan that are in conflict with 

6 the fishery management plan submitted under sec7 tion 904, including the deletion of the Gulf of Mex8 ico red snapper from the Federal fishery manage9 ment plan; and 

10 (2) transfer management of Gulf of Mexico red 

11 snapper to the Gulf coastal States. 

12 (d) IMPLEMENTATION.—Upon the transfer of man13 agement described in subsection (c)(2), each Gulf coastal 

14 State shall implement the measures approved under sub15 section (b). 

16 SEC. 907. COMMISSION OVERSIGHT RESPONSIBILITIES. 

17 (a) IMPLEMENTATION AND ENFORCEMENT OF FISH18 ERY MANAGEMENT MEASURES.—In December of the year 

19 following the transfer of management described in section 

20 906(c)(2), and at any other time the Commission con21 siders appropriate after that December, the Commission 

22 shall determine if— 

23 (1) each Gulf coastal State has fully adopted 

24 and implemented fishery management measures; 


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1 (2) such measures continue to be in compliance 

2 with the fishery management plan; and 

3 (3) the enforcement of such measures by each 

4 Gulf coastal State is satisfactory to maintain the 

5 long-term sustainability and abundance of Gulf of 

6 Mexico red snapper. 

7 (b) CERTIFICATION OF OVERFISHING AND REBUILD8 ING PLANS.—If the Gulf of Mexico red snapper in a Gulf 

9 coastal State is experiencing overfishing or is subject to 

10 a rebuilding plan, that Gulf coastal State shall submit a 

11 certification to the Commission showing that such State— 

12 (1) has implemented the necessary measures to 

13 end overfishing or rebuild the fishery; and 

14 (2) in consultation with the National Oceanic 

15 and Atmospheric Administration, has implemented a 

16 program to provide for data collection adequate to 

17 monitor the harvest of Gulf of Mexico red snapper 

18 by such Gulf coastal State. 

19 SEC. 908. OPPORTUNITY TO REMEDY. 

20 (a) IN GENERAL.—If the Commission finds that a 

21 Gulf coastal State is noncompliant under section 907, the 

22 Commission shall offer assistance to that Gulf coastal 

23 State to remedy the finding of noncompliance. 

24 (b) NOTIFICATION TO SECRETARY FOR CONTINUED

25 NONCOMPLIANCE.—If, after such time as determined by 


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1 the Commission, the Gulf coastal State receiving assist2 ance described in subsection (a) remains noncompliant, 

3 the Commission shall vote on whether to notify the Sec4 retary. 

5 SEC. 909. CLOSURE OF THE GULF OF MEXICO RED SNAP6 PER FISHERY. 

7 (a) CONDITIONS FOR CLOSURE.—Not later than 60 

8 days after the receipt of a notice under section 908(b), 

9 the Secretary may declare a closure of the Gulf of Mexico 

10 red snapper fishery within the Federal waters adjacent to 

11 the waters of the Gulf coastal State that is the subject 

12 of such notice. 

13 (b) CONSIDERATIONS.—Prior to making a declara14 tion under subsection (a) the Secretary shall consider the 

15 comments of such Gulf coastal State and the Commission. 

16 (c) ACTIONS PROHIBITED DURING CLOSURE.—Dur17 ing a closure of the Gulf of Mexico red snapper fishery 

18 under subsection (a), it is unlawful for any person— 

19 (1) to engage in fishing for Gulf of Mexico red 

20 snapper within the Federal waters adjacent to the 

21 waters of the Gulf coastal State covered by the clo22 sure; 

23 (2) to land, or attempt to land, the Gulf of 

24 Mexico red snapper to which the closure applies; or 


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1 (3) to fail to return to the water any Gulf of 

2 Mexico red snapper to which the closure applies that 

3 are caught incidental to commercial harvest or in 

4 other recreational fisheries. 

5 SEC. 910. ECONOMIC ANALYSIS AND REPORT. 

6 (a) ECONOMIC ANALYSIS OF GULF OF MEXICO RED

7 SNAPPER FISHERY.—The Secretary, in consultation with 

8 the Gulf coastal States and the Commission, shall conduct 

9 a study and analysis of the economic impacts for the local, 

10 regional, and national economy of the Gulf of Mexico red 

11 snapper fishery. The study shall include an analysis of— 

12 (1) the beneficial economic impacts on indus13 tries directly related to the Gulf of Mexico red snap14 per fishery, including boat sales, marina activity, 

15 boat construction and repair, fishing gear and tackle 

16 sales, and other closely related industries; and 

17 (2) the downstream economic impacts of the 

18 Gulf of Mexico red snapper fishery on the economies 

19 of the Gulf coastal States, including hotels, res20 taurants, grocery stores, related tourism, and other 

21 peripheral businesses and industries. 

22 (b) BIENNIAL REPORTS.—Beginning 2 years after 

23 the date of the enactment of this title, and every 2 years 

24 thereafter, the Secretary shall submit a report on the find25 ings of the study conducted under subsection (a) to ConVerDate Mar 15 2010 00:05 Oct 01, 2013 Jkt 029200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3197.IH H3197

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1 gress, the Governor of each of the Gulf coastal States, and 

2 the Commission. Each report shall be made available to 

3 the public and shall include recommendations for addi4 tional actions to be taken to encourage the sustainability 

5 of the Gulf of Mexico red snapper fishery. 

Æ 


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