I

103D CONGRESS

1ST SESSION H. R. 1391

To provide certain protections for wildlife on public lands from airborne

hunting, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 17, 1993

Mr. DEFAZIO introduced the following bill; which was referred to the

Committee on Merchant Marine and Fisheries

A BILL

To provide certain protections for wildlife on public lands

from airborne hunting, 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. LIMITATION OF PURPOSES FOR WHICH AIR4 BORNE HUNTING AUTHORIZED; REPORTS.

5 (a) LIMITATION OF AUTHORIZED PURPOSES OF AIR6 BORNE HUNTING.—Section 13(b)(1) of the Fish and

7 Wildlife Act of 1956 (16 U.S.C. 742j-1(b)(1)) is amended

8 by striking ‘‘wildlife,’’ and inserting ‘‘a native species of

9 wildlife that is included in a list of endangered species or
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1 threatened species published under section 4(c) of the En2 dangered Species Act of 1973,’’.

3 (b) REPORTING BY STATES.—Section 13(b) of the

4 Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1(b)) is

5 amended by adding at the end the following:

6 ‘‘(3)(A) A State proposing to authorize a person, pur7 suant to paragraph (1), to perform an act that is other8 wise prohibited by subsection (a)(1) shall submit to the

9 Secretary of the Interior a report which contains the infor10 mation described in subparagraphs (A) through (D) of

11 paragraph (2) with respect to the license or permit, if the

12 act—

13 ‘‘(i) will be performed for the purpose of admin14 istering or protecting a native species of wildlife that

15 is included in a list of endangered species or threat16 ened species published under section 4(c) of the En17 dangered Species Act of 1973; or

18 ‘‘(ii) affects lands or other resources adminis19 tered by the Bureau of Land Management or the

20 National Park Service.

21 ‘‘(B) A State shall submit a report required by this

22 paragraph before the 90-day period ending on the date

23 on which the State authorizes the action (or in the case

24 of a license or permit, issues the license or permit) to

25 which the report relates.’’.
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1 (c) REPORTING BY SECRETARY OF THE INTERIOR.—

2 Section 13(b) of the Fish and Wildlife Act of 1956 (16

3 U.S.C. 742j-1(b)) is further amended by adding after

4 paragraph (3) (as added by subsection (b) of this section)

5 the following:

6 ‘‘(4)(A) If the Secretary of the Interior receives a re7 port from a State under paragraph (3) regarding a pro8 posed authorization, the Secretary shall submit to the

9 Committees on Natural Resources and Merchant Marine

10 and Fisheries of the House of Representatives and to the

11 Senate a report describing whether or not the acts pro12 posed to be authorized by the State—

13 ‘‘(i) may be authorized by the State pursuant to

14 subsection (b); or

15 ‘‘(ii) affect lands or other resources adminis16 tered by the Bureau of Land Management or the

17 National Park Service.

18 ‘‘(B) The Secretary of the Interior shall submit a re19 port under this paragraph before the end of the 30-day

20 period beginning on the date the Secretary receives a re21 port from a State under paragraph (3).’’.

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