II 

Calendar No. 305 

113TH CONGRESS 

2D SESSION H. R. 3590 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 6, 2014 

Received; read the first time 

FEBRUARY 10, 2014 

Read the second time and placed on the calendar 

AN ACT 

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’’ or the ‘‘SHARE 

6 Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Report on economic impact. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

HR 3590 PCS

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. 

Sec. 805. Restrictions on hunting in Kisatchie National Forest. 

TITLE IX—RESPECT FOR TREATIES AND RIGHTS 


emcdonald on DSK67QTVN1PROD with BILLS
3 

HR 3590 PCS

Sec. 901. Respect for Treaties and Rights. 

TITLE X—EXEMPTIONS FOR TAKING MIGRATORY BIRDS ON 

CERTAIN AGRICULTURAL LAND 

Sec. 1001. Short title. 

Sec. 1002. Exemptions on certain land. 

TITLE XI—SENSE OF CONGRESS REGARDING SNOWMOBILES ON 

NATIONAL FOREST SYSTEM LANDS 

Sec. 1101. Findings and purpose. 

1 SEC. 3. REPORT ON ECONOMIC IMPACT. 

2 Not later than 12 months after the date of the enact3 ment of this Act, the Secretary of Interior shall submit 

4 a report to Congress that assesses expected economic im5 pacts of the Act. Such report shall include— 

6 (1) a review of any expected increases in rec7 reational hunting, fishing, shooting, and conserva8 tion activities; 

9 (2) an estimate of any jobs created in each in10 dustry expected to support such activities described 

11 in paragraph (1), including in the supply, manufac12 turing, distribution, and retail sectors; 

13 (3) an estimate of wages related to jobs de14 scribed in paragraph (2); and 

15 (4) an estimate of anticipated new local, State, 

16 and Federal revenue related to jobs described in 

17 paragraph (2). 


emcdonald on DSK67QTVN1PROD with BILLS
4 

HR 3590 PCS

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 

21 4161(a) of such Code (determined without regard to 

22 any exemptions from such tax as provided by section 

23 4162 or 4221 or any other provision of such Code), 

24 and sport fishing equipment components.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
5 

HR 3590 PCS

1 TITLE II—TARGET PRACTICE 

2 AND MARKSMANSHIP TRAIN3 ING SUPPORT ACT 

4 SEC. 201. SHORT TITLE. 

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

6 Marksmanship Training Support Act’’. 

7 SEC. 202. FINDINGS; PURPOSE. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) the use of firearms and archery equipment 

10 for target practice and marksmanship training ac11 tivities on Federal land is allowed, except to the ex12 tent specific portions of that land have been closed 

13 to those activities; 

14 (2) in recent years preceding the date of enact15 ment of this Act, portions of Federal land have been 

16 closed to target practice and marksmanship training 

17 for many reasons; 

18 (3) the availability of public target ranges on 

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

20 reasons, including continued population growth and 

21 development near former ranges; 

22 (4) providing opportunities for target practice 

23 and marksmanship training at public target ranges 

24 on Federal and non-Federal land can help— 


emcdonald on DSK67QTVN1PROD with BILLS
6 

HR 3590 PCS

1 (A) to promote enjoyment of shooting, rec2 reational, and hunting activities; and 

3 (B) to ensure safe and convenient locations 

4 for those activities; 

5 (5) Federal law in effect on the date of enact6 ment of this Act, including the Pittman-Robertson 

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

8 provides Federal support for construction and ex9 pansion of public target ranges by making available 

10 to States amounts that may be used for construc11 tion, operation, and maintenance of public target 

12 ranges; and 

13 (6) it is in the public interest to provide in14 creased Federal support to facilitate the construction 

15 or expansion of public target ranges. 

16 (b) PURPOSE.—The purpose of this title is to facili17 tate the construction and expansion of public target 

18 ranges, including ranges on Federal land managed by the 

19 Forest Service and the Bureau of Land Management. 

20 SEC. 203. DEFINITION OF PUBLIC TARGET RANGE. 

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

22 a specific location that— 

23 (1) is identified by a governmental agency for 

24 recreational shooting; 

25 (2) is open to the public; 


emcdonald on DSK67QTVN1PROD with BILLS
7 

HR 3590 PCS

1 (3) may be supervised; and 

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

3 shotgun shooting. 

4 SEC. 204. AMENDMENTS TO PITTMAN-ROBERTSON WILD5 LIFE RESTORATION ACT. 

6 (a) DEFINITIONS.—Section 2 of the Pittman-Robert7 son Wildlife Restoration Act (16 U.S.C. 669a) is amend8 ed— 

9 (1) by redesignating paragraphs (2) through 

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

11 (2) by inserting after paragraph (1) the fol12 lowing: 

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

14 specific location that— 

15 ‘‘(A) is identified by a governmental agen16 cy for recreational shooting; 

17 ‘‘(B) is open to the public; 

18 ‘‘(C) may be supervised; and 

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

20 pistol, or shotgun shooting;’’. 

21 (b) EXPENDITURES FOR MANAGEMENT OF WILD22 LIFE AREAS AND RESOURCES.—Section 8(b) of the Pitt23 man-Robertson Wildlife Restoration Act (16 U.S.C. 

24 669g(b)) is amended— 


emcdonald on DSK67QTVN1PROD with BILLS
8 

HR 3590 PCS

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

2 the following: 

3 ‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD4 LIFE AREAS AND RESOURCES.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), each State’’; 

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

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

9 ‘‘operation’’; 

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

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

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

13 share’’; 

14 (4) in the third sentence, by striking ‘‘The Sec15 retary’’ and inserting the following: 

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

17 (5) by inserting after paragraph (1) (as des18 ignated by paragraph (1) of this subsection) the fol19 lowing: 

20 ‘‘(2) EXCEPTION.—Notwithstanding the limita21 tion described in paragraph (1), a State may pay up 

22 to 90 percent of the cost of acquiring land for, ex23 panding, or constructing a public target range.’’. 

24 (c) FIREARM AND BOW HUNTER EDUCATION AND

25 SAFETY PROGRAM GRANTS.—Section 10 of the PittmanVerDate Mar 15 2010 22:05 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3590.PCS H3590

emcdonald on DSK67QTVN1PROD with BILLS
9 

HR 3590 PCS

1 Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) 

2 is amended— 

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

4 following: 

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

6 Of the amount apportioned to a State for any fiscal 

7 year under section 4(b), the State may elect to allo8 cate not more than 10 percent, to be combined with 

9 the amount apportioned to the State under para10 graph (1) for that fiscal year, for acquiring land for, 

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

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

13 following: 

14 ‘‘(b) COST SHARING.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2), the Federal share of the cost of any activ17 ity carried out using a grant under this section shall 

18 not exceed 75 percent of the total cost of the activ19 ity. 

20 ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR

21 EXPANSION.—The Federal share of the cost of ac22 quiring land for, expanding, or constructing a public 

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

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


emcdonald on DSK67QTVN1PROD with BILLS
10 

HR 3590 PCS

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

2 and 

3 (3) in subsection (c)(1)— 

4 (A) by striking ‘‘Amounts made’’ and in5 serting the following: 

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

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

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

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

10 acquiring land for, constructing, or expanding a 

11 public target range shall remain available for 

12 expenditure and obligation during the 5-fiscal13 year period beginning on October 1 of the first 

14 fiscal year for which the amounts are made 

15 available.’’. 

16 SEC. 205. LIMITS ON LIABILITY. 

17 (a) DISCRETIONARY FUNCTION.—For purposes of 

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

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

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

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

22 practice or marksmanship training by a member of the 

23 public shall be considered to be the exercise or perform24 ance of a discretionary function. 


emcdonald on DSK67QTVN1PROD with BILLS
11 

HR 3590 PCS

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 22:05 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3590.PCS H3590

emcdonald on DSK67QTVN1PROD with BILLS
12 

HR 3590 PCS

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 


emcdonald on DSK67QTVN1PROD with BILLS
13 

HR 3590 PCS

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— 


emcdonald on DSK67QTVN1PROD with BILLS
14 

HR 3590 PCS

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’’. 

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 22:05 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3590.PCS H3590

emcdonald on DSK67QTVN1PROD with BILLS
15 

HR 3590 PCS

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 22:05 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3590.PCS H3590

emcdonald on DSK67QTVN1PROD with BILLS
16 

HR 3590 PCS

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

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’’. 

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 22:05 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3590.PCS H3590

emcdonald on DSK67QTVN1PROD with BILLS
17 

HR 3590 PCS

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. 


emcdonald on DSK67QTVN1PROD with BILLS
18 

HR 3590 PCS

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; 


emcdonald on DSK67QTVN1PROD with BILLS
19 

HR 3590 PCS

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 


emcdonald on DSK67QTVN1PROD with BILLS
20 

HR 3590 PCS

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. 


emcdonald on DSK67QTVN1PROD with BILLS
21 

HR 3590 PCS

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 


emcdonald on DSK67QTVN1PROD with BILLS
22 

HR 3590 PCS

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 


emcdonald on DSK67QTVN1PROD with BILLS
23 

HR 3590 PCS

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’’. 

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. 


emcdonald on DSK67QTVN1PROD with BILLS
24 

HR 3590 PCS

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. 


emcdonald on DSK67QTVN1PROD with BILLS
25 

HR 3590 PCS

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 


emcdonald on DSK67QTVN1PROD with BILLS
26 

HR 3590 PCS

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— 


emcdonald on DSK67QTVN1PROD with BILLS
27 

HR 3590 PCS

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. 


emcdonald on DSK67QTVN1PROD with BILLS
28 

HR 3590 PCS

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) Tribal resource management or14 ganizations. 

15 ‘‘(x) The agriculture industry. 

16 ‘‘(xi) The ranching industry. 

17 ‘‘(xii) Women’s hunting and fishing 

18 advocacy, outreach, or education organiza19 tion. 

20 ‘‘(xiii) Minority hunting and fishing 

21 advocacy, outreach, or education organiza22 tion. 

23 ‘‘(xiv) Veterans service organization. 

24 ‘‘(D) ELIGIBILITY.—Prior to the appoint25 ment of the discretionary members, the SecreVerDate Mar 15 2010 22:05 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3590.PCS H3590

emcdonald on DSK67QTVN1PROD with BILLS
29 

HR 3590 PCS

1 taries shall determine that all individuals nomi2 nated for appointment to the Advisory Com3 mittee, and the organization each individual 

4 represents, actively support and promote sus5 tainable-use hunting, wildlife conservation, and 

6 recreational shooting. 

7 ‘‘(2) TERMS.— 

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

9 subparagraph (B), members of the Advisory 

10 Committee shall be appointed for a term of 4 

11 years. Members shall not be appointed for more 

12 than 3 consecutive or nonconsecutive terms. 

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

14 designated by the Secretary at the time of ap15 pointment, of the members first appointed— 

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

17 a term of 4 years; 

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

19 a term of 3 years; and 

20 ‘‘(iii) 5 members shall be appointed 

21 for a term of 2 years. 

22 ‘‘(3) PRESERVATION OF PUBLIC ADVISORY STA23 TUS.—No individual may be appointed as a discre24 tionary member of the Advisory Committee while 


emcdonald on DSK67QTVN1PROD with BILLS
30 

HR 3590 PCS

1 serving as an officer or employee of the Federal 

2 Government. 

3 ‘‘(4) VACANCY AND REMOVAL.— 

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

5 Advisory Committee shall be filled in the man6 ner in which the original appointment was 

7 made. 

8 ‘‘(B) REMOVAL.—Advisory Committee 

9 members shall serve at the discretion of the 

10 Secretaries and may be removed at any time for 

11 good cause. 

12 ‘‘(5) CONTINUATION OF SERVICE.—Each ap13 pointed member may continue to serve after the ex14 piration of the term of office to which such member 

15 was appointed until a successor has been appointed. 

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

17 Advisory Committee shall be appointed for a 3-year 

18 term by the Secretaries, jointly, from among the 

19 members of the Advisory Committee. An individual 

20 may not be appointed as Chairperson for more than 

21 2 consecutive or nonconsecutive terms. 

22 ‘‘(7) PAY AND EXPENSES.—Members of the Ad23 visory Committee shall serve without pay for such 

24 service, but each member of the Advisory Committee 

25 may be reimbursed for travel and lodging incurred 


emcdonald on DSK67QTVN1PROD with BILLS
31 

HR 3590 PCS

1 through attending meetings of the Advisory Com2 mittee approved subgroup meetings in the same 

3 amounts and under the same conditions as Federal 

4 employees (in accordance with section 5703 of title 

5 5, United States Code). 

6 ‘‘(8) MEETINGS.— 

7 ‘‘(A) IN GENERAL.—The Advisory Com8 mittee shall meet at the call of the Secretaries, 

9 the chairperson, or a majority of the members, 

10 but not less frequently than twice annually. 

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

12 the Advisory Committee shall be open to the 

13 public. 

14 ‘‘(C) PRIOR NOTICE OF MEETINGS.—Time15 ly notice of each meeting of the Advisory Com16 mittee shall be published in the Federal Reg17 ister and be submitted to trade publications and 

18 publications of general circulation. 

19 ‘‘(D) SUBGROUPS.—The Advisory Com20 mittee may establish such workgroups or sub21 groups as it deems necessary for the purpose of 

22 compiling information or conducting research. 

23 However, such workgroups may not conduct 

24 business without the direction of the Advisory 


emcdonald on DSK67QTVN1PROD with BILLS
32 

HR 3590 PCS

1 Committee and must report in full to the Advi2 sory Committee. 

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

4 Committee shall constitute a quorum. 

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

6 Committee that the Secretaries determine to be reasonable 

7 and appropriate shall be paid by the Secretaries. 

8 ‘‘(e) ADMINISTRATIVE SUPPORT, TECHNICAL SERV9 ICES, AND ADVICE.—A designated Federal Officer shall 

10 be jointly appointed by the Secretaries to provide to the 

11 Advisory Committee the administrative support, technical 

12 services, and advice that the Secretaries determine to be 

13 reasonable and appropriate. 

14 ‘‘(f) ANNUAL REPORT.— 

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

16 of each year, the Advisory Committee shall submit 

17 a report to the Secretaries, the Committee on Nat18 ural Resources and the Committee on Agriculture of 

19 the House of Representatives, and the Committee on 

20 Energy and Natural Resources and the Committee 

21 on Agriculture, Nutrition, and Forestry of the Sen22 ate. If circumstances arise in which the Advisory 

23 Committee cannot meet the September 30 deadline 

24 in any year, the Secretaries shall advise the Chair25 persons of each such Committee of the reasons for 


emcdonald on DSK67QTVN1PROD with BILLS
33 

HR 3590 PCS

1 such delay and the date on which the submission of 

2 the report is anticipated. 

3 ‘‘(2) CONTENTS.—The report required by para4 graph (1) shall describe— 

5 ‘‘(A) the activities of the Advisory Com6 mittee during the preceding year; 

7 ‘‘(B) the reports and recommendations 

8 made by the Advisory Committee to the Secre9 taries during the preceding year; and 

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

11 Secretaries as a result of the recommendations. 

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

13 Advisory Committee shall be exempt from the Federal Ad14 visory Committee Act (5 U.S.C. App.). 

15 ‘‘(h) ABOLISHMENT OF THE EXISTING WILDLIFE

16 AND HUNTING HERITAGE CONSERVATION COUNCIL ADVI17 SORY COMMITTEE.—Upon publication of the first notice 

18 required under section 8(c) of the Wildlife and Hunting 

19 Heritage Conservation Council formed in furtherance of 

20 section 441 of the Revised Statutes (43 U.S.C. 1457), the 

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

22 Acts applicable to specific bureaus of the Department of 

23 the Interior is hereby abolished.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
34 

HR 3590 PCS

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 

25 Federal Government as well as State and local govVerDate Mar 15 2010 22:05 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3590.PCS H3590

emcdonald on DSK67QTVN1PROD with BILLS
35 

HR 3590 PCS

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 


emcdonald on DSK67QTVN1PROD with BILLS
36 

HR 3590 PCS

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.— 


emcdonald on DSK67QTVN1PROD with BILLS
37 

HR 3590 PCS

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. 


emcdonald on DSK67QTVN1PROD with BILLS
38 

HR 3590 PCS

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. 


emcdonald on DSK67QTVN1PROD with BILLS
39 

HR 3590 PCS

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 


emcdonald on DSK67QTVN1PROD with BILLS
40 

HR 3590 PCS

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 


emcdonald on DSK67QTVN1PROD with BILLS
41 

HR 3590 PCS

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. 


emcdonald on DSK67QTVN1PROD with BILLS
42 

HR 3590 PCS

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 the pro18 vision of opportunities for hunting, fishing, and rec19 reational shooting under the authority of this title 

20 shall not authorize or facilitate commodity develop21 ment, use, or extraction, motorized recreational ac22 cess, road construction or maintenance, or use that 

23 is not otherwise allowed under the Wilderness Act 

24 (16 U.S.C. 1131 et seq.) within designated wilder25 ness areas. 


emcdonald on DSK67QTVN1PROD with BILLS
43 

HR 3590 PCS

1 (2) APPLICATION OF WILDERNESS ACT.—Provi2 sions of the Wilderness Act (16 U.S.C. 1131 et 

3 seq.), stipulating that wilderness purposes are ‘‘with4 in and supplemental to’’ the purposes of the under5 lying Federal land unit are reaffirmed. When seek6 ing to carry out fish and wildlife conservation pro7 grams and projects or provide fish and wildlife de8 pendent recreation opportunities on designated wil9 derness areas, the head of each Federal agency shall 

10 implement these supplemental purposes so as to fa11 cilitate, enhance, or both, but not to impede the un12 derlying Federal land purposes when seeking to 

13 carry out fish and wildlife conservation programs 

14 and projects or provide fish and wildlife dependent 

15 recreation opportunities in designated wilderness 

16 areas, provided that the provision of opportunities 

17 for hunting, fishing, and recreational shooting under 

18 the authority of this title shall not authorize or fa19 cilitate commodity development, use or extraction, 

20 motorized recreational access, road construction or 

21 maintenance, or use that is not otherwise allowed 

22 under the Wilderness Act (16 U.S.C. 1131 et seq.) 

23 within designated wilderness areas. 

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

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


emcdonald on DSK67QTVN1PROD with BILLS
44 

HR 3590 PCS

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

2 who has authority to manage Federal public land on which 

3 fishing, hunting, or recreational shooting occurs shall sub4 mit to the Committee on Natural Resources of the House 

5 of Representatives and the Committee on Energy and 

6 Natural Resources of the Senate a report that describes— 

7 (1) any Federal public land administered by the 

8 agency head that was closed to recreational fishing, 

9 sport hunting, or shooting at any time during the 

10 preceding year; and 

11 (2) the reason for the closure. 

12 (g) CLOSURES OR SIGNIFICANT RESTRICTIONS OF

13 640 OR MORE ACRES.— 

14 (1) IN GENERAL.—Other than closures estab15 lished or prescribed by land planning actions re16 ferred to in subsection (d) or emergency closures de17 scribed in paragraph (3) of this subsection, a perma18 nent or temporary withdrawal, change of classifica19 tion, or change of management status of Federal 

20 public land that effectively closes or significantly re21 stricts 640 or more contiguous acres of Federal pub22 lic land to access or use for fishing or hunting or ac23 tivities related to fishing, hunting, or both, shall 

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


emcdonald on DSK67QTVN1PROD with BILLS
45 

HR 3590 PCS

1 change, the head of the Federal agency that has ju2 risdiction over the Federal public land— 

3 (A) publishes appropriate notice of the 

4 withdrawal or change, respectively; 

5 (B) demonstrates that coordination has oc6 curred with a State fish and wildlife agency; 

7 and 

8 (C) submits to the Committee on Natural 

9 Resources of the House of Representatives and 

10 the Committee on Energy and Natural Re11 sources of the Senate written notice of the with12 drawal or change, respectively. 

13 (2) AGGREGATE OR CUMULATIVE EFFECTS.—If 

14 the aggregate or cumulative effect of separate with15 drawals or changes effectively closes or significantly 

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

17 withdrawals and changes shall be treated as a single 

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

19 (3) EMERGENCY CLOSURES.—Nothing in this 

20 title prohibits a Federal land management agency 

21 from establishing or implementing emergency clo22 sures or restrictions of the smallest practicable area 

23 to provide for public safety, resource conservation, 

24 national security, or other purposes authorized by 

25 law. Such an emergency closure shall terminate after 


emcdonald on DSK67QTVN1PROD with BILLS
46 

HR 3590 PCS

1 a reasonable period of time unless converted to a 

2 permanent closure consistent with this title. 

3 (h) NATIONAL PARK SERVICE UNITS NOT AF4 FECTED.—Except as provided by subsection (l), nothing 

5 in this title shall affect or modify management or use of 

6 units of the National Park System. 

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

8 Federal land management agency to give preference to 

9 recreational fishing, hunting, or shooting over other uses 

10 of Federal public land or over land or water management 

11 priorities established by Federal law. 

12 (j) CONSULTATION WITH COUNCILS.—In fulfilling 

13 the duties set forth in this title, the heads of Federal agen14 cies shall consult with respective advisory councils as es15 tablished in Executive Order Nos. 12962 and 13443. 

16 (k) AUTHORITY OF THE STATES.— 

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

18 construed as interfering with, diminishing, or con19 flicting with the authority, jurisdiction, or responsi20 bility of any State to exercise primary management, 

21 control, or regulation of fish and wildlife under State 

22 law (including regulations) on land or water within 

23 the State, including on Federal public land. 

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

25 shall be construed to authorize the head of a Federal 


emcdonald on DSK67QTVN1PROD with BILLS
47 

HR 3590 PCS

1 agency to require a license, fee, or permit to fish, 

2 hunt, or trap on land or water in a State, including 

3 on Federal public land in the States, except that this 

4 paragraph shall not affect the Migratory Bird Stamp 

5 requirement set forth in the Migratory Bird Hunting 

6 and Conservation Stamp Act (16 U.S.C. 718 et 

7 seq.). 

8 (l) MOTORIZED VESSELS IN THE OZARK NATIONAL

9 SCENIC RIVERWAYS.—The Secretary of the Interior— 

10 (1) shall manage the Ozark National Scenic 

11 Riverways to allow the use of motorized vessels in a 

12 manner that is not more restrictive than the use re13 strictions in effect on November 21, 2013; and 

14 (2) may manage the Ozark National Scenic 

15 Riverways to allow the use of motorized vessels in a 

16 manner that is less restrictive than the use restric17 tions in effect on November 21, 2013. 

18 SEC. 805. RESTRICTIONS ON HUNTING IN KISATCHIE NA19 TIONAL FOREST. 

20 (a) HUNTING IN KISATCHIE NATIONAL FOREST.— 

21 Consistent with the Act of June 4, 1897 (16 U.S.C. 551), 

22 the Secretary of Agriculture may not restrict the use of 

23 dogs in deer hunting activities in Kisatchie National For24 est, unless such restrictions— 


emcdonald on DSK67QTVN1PROD with BILLS
48 

HR 3590 PCS

1 (1) apply to the smallest practicable portions of 

2 such unit; and 

3 (2) are necessary to reduce or control trespass 

4 onto land adjacent to such unit. 

5 (b) PRIOR RESTRICTIONS VOID.—Any restrictions re6 garding the use of dogs in deer hunting activities in 

7 Kisatchie National Forest in force on the date of the en8 actment of this Act shall be void and have no force or 

9 effect. 

10 (c) ADJACENT LANDOWNERS.—Landowners whose 

11 property abuts a unit of the Kisatchie National Forest 

12 may petition the Secretary of Agriculture to restrict the 

13 use of dogs in deer hunting activities that take place on 

14 such unit which abut their property. If the Secretary of 

15 Agriculture receives a petition from an adjacent land16 owner, the Secretary, after notice and opportunity for a 

17 hearing, may impose restrictions on the use of dogs in deer 

18 hunting— 

19 (1) limited to those units of the Kisatchie Na20 tional Forest within 300 yards of the boundary of 

21 the petitioning landowner’s property; and 

22 (2) consistent with subsection (a). 


emcdonald on DSK67QTVN1PROD with BILLS
49 

HR 3590 PCS

1 TITLE IX—RESPECT FOR 

2 TREATIES AND RIGHTS 

3 SEC. 901. RESPECT FOR TREATIES AND RIGHTS. 

4 Nothing in this Act or the amendments made by this 

5 Act shall be construed to affect or modify any treaty or 

6 other right of any federally recognized Indian tribe. 

7 TITLE X—EXEMPTIONS FOR TAK8 ING MIGRATORY BIRDS ON 

9 CERTAIN AGRICULTURAL 

10 LAND 

11 SEC. 1001. SHORT TITLE. 

12 This title may be cited as the ‘‘Hunter and Farmer 

13 Protection Act’’. 

14 SEC. 1002. EXEMPTIONS ON CERTAIN LAND. 

15 Section 3 of the Migratory Bird Treaty Act (16 

16 U.S.C. 704) is amended by adding at the end the fol17 lowing: 

18 ‘‘(c) EXEMPTIONS ON CERTAIN LAND.— 

19 ‘‘(1) IN GENERAL.—Nothing in this section pro20 hibits the taking of any migratory game bird, includ21 ing waterfowl, coots, and cranes, on or over land 

22 that— 

23 ‘‘(A) contains— 

24 ‘‘(i) a standing crop or flooded stand25 ing crop, including an aquatic crop; 


emcdonald on DSK67QTVN1PROD with BILLS
50 

HR 3590 PCS

1 ‘‘(ii) standing, flooded, or manipulated 

2 natural vegetation; 

3 ‘‘(iii) flooded harvested cropland; or 

4 ‘‘(iv) an area in a State on which seed 

5 or grain has been scattered solely as the 

6 result of an agricultural planting, har7 vesting, or post-harvest manipulation prac8 tice, or a soil stabilization practice, that 

9 the head of the State office of the Coopera10 tive Extension System of the Department 

11 of Agriculture has determined in accord12 ance with paragraph (2) to be a normal 

13 practice in that State; and 

14 ‘‘(B) is not otherwise a baited area. 

15 ‘‘(2) STATE DETERMINATIONS.— 

16 ‘‘(A) IN GENERAL.—The head of a State 

17 office of the Cooperative Extension System may 

18 make a determination for purposes of para19 graph (1)(A)(iv) upon the request of the Sec20 retary of the Interior. 

21 ‘‘(B) REVISIONS.—The head of a State of22 fice of the Cooperative Extension System may 

23 revise a determination under subparagraph (A) 

24 as the head of a State office determines to be 


emcdonald on DSK67QTVN1PROD with BILLS
51 

HR 3590 PCS

1 necessary to reflect changing agricultural prac2 tices. 

3 ‘‘(C) CONCURRENCE REQUIRED.—A deter4 mination or revision under this paragraph shall 

5 not be effective for purposes of this subsection 

6 unless the head of the State department of fish 

7 and wildlife concurs therein.’’. 

8 TITLE XI—SENSE OF CONGRESS 

9 REGARDING SNOWMOBILES 

10 ON NATIONAL FOREST SYS11 TEM LANDS 

12 SEC. 1101. FINDINGS AND PURPOSE. 

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

14 (1) The clear identification of roads, trails, and 

15 areas for motor vehicle use in each National Forest 

16 will improve management of National Forest System 

17 lands and protect these national treasures, enhance 

18 opportunities, and address access for motorized 

19 recreation experiences on National Forest System 

20 lands and preserve areas of opportunity in each Na21 tional Forest for non-motorized travel and experi22 ences. 

23 (2) The sport of snowmobiling supports thou24 sands of jobs across the country and provides a variVerDate Mar 15 2010 22:05 Feb 10, 2014 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H3590.PCS H3590

emcdonald on DSK67QTVN1PROD with BILLS
52 

HR 3590 PCS

1 ety of enriching recreational opportunities for both 

2 families and individuals. 

3 (3) In 2005, the Forest Service promulgated a 

4 Travel Management Rule that required travel man5 agement plans for off-road vehicles, with the excep6 tion of snowmobiles, on all lands managed by the 

7 Forest Service. 

8 (4) Under the 2005 Travel Management Rule, 

9 the Department of Agriculture deemed that the use 

10 of snowmobiles on National Forest System lands 

11 presented a different set of management issues and 

12 environmental impacts on National Forest System 

13 lands than the use of other types of motor vehicles. 

14 Therefore, the final rule exempted snowmobiles from 

15 the mandatory designation scheme provided for 

16 under section 212.51 of title 36, Code of Federal 

17 Regulations, but retained the National Forest Sys18 tem’s ability to allow, restrict or prohibit snowmobile 

19 travel, as appropriate, on a case-by-case basis. 

20 (5) In 2013, the Ninth U.S. District Court of 

21 Idaho ruled in the case captioned as Winter 

22 Wildlands Alliance v. US Forest Service, Case No. 

23 1:11–cv–00586–REB, ruled that the Forest Service 

24 must promulgate travel management rules that in25 clude snowmobiles. The Ninth U.S. District Court of 


emcdonald on DSK67QTVN1PROD with BILLS
53 

HR 3590 PCS

1 Idaho required that the final rule be promulgated by 

2 September 14, 2014, barring no additional exten3 sion. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Forest Service should continue to allow 

6 snowmobiles access to National Forest System lands at 

7 the same levels as were allowed as of March 28, 2013, 

8 subject to closures for public health and safety at the dis9 cretion of the respective agencies, until a final travel man10 agement rule is promulgated for snowmobiles. 

Passed the House of Representatives February 5, 

2014. 

Attest: KAREN L. HAAS, 

Clerk. 


emcdonald on DSK67QTVN1PROD with BILLS
Calendar No. 305 

113TH CONGRESS 

2D SESSION H. R. 3590 

AN ACT 

To protect and enhance opportunities for recother purposes. reational hunting, fishing, and shooting, and for 

FEBRUARY 10, 2014 

Read the second time and placed on the calendar 


emcdonald on DSK67QTVN1PROD with BILLS