I 

114TH CONGRESS 

1ST SESSION H. R. 528 

To direct Federal public land management officials to exercise their authority 

under existing law to facilitate use of and access to Federal public 

lands for fishing, sport hunting, and recreational shooting, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2015 

Mr. BENISHEK (for himself, Mr. NUNNELEE, Mr. HUIZENGA of Michigan, Mr. 

PITTENGER, Mrs. WALORSKI, Mr. HANNA, Mr. POMPEO, Mr. GUINTA, 

Mr. FINCHER, Mr. MESSER, Mr. BROOKS of Alabama, Mr. GIBSON, Mr. 

AMODEI, Mr. ROE of Tennessee, Mr. SCHWEIKERT, Mr. ZINKE, Mr. 

WESTERMAN, Mrs. BLACK, Mr. PALAZZO, Mr. WOMACK, Mr. RICE of 

South Carolina, Mr. KELLY of Pennsylvania, Mr. SALMON, Mr. 

KINZINGER of Illinois, Mr. RIBBLE, Mr. RODNEY DAVIS of Illinois, Mr. 

SESSIONS, Mr. WALBERG, and Mr. COLLINS of New York) introduced the 

following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committee on Agriculture, 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 direct Federal public land management officials to exercise their authority under existing law to facilitate use 

of and access to Federal public lands for fishing, sport 

hunting, and recreational 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Recreational Fishing 

3 and Hunting Heritage and Opportunities Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that— 

6 (1) recreational fishing and hunting are impor7 tant and traditional activities in which millions of 

8 Americans participate; 

9 (2) recreational anglers and hunters have been 

10 and continue to be among the foremost supporters 

11 of sound fish and wildlife management and conserva12 tion in the United States; 

13 (3) recreational fishing and hunting are envi14 ronmentally acceptable and beneficial activities that 

15 occur and can be provided on Federal public lands 

16 and waters without adverse effects on other uses or 

17 users; 

18 (4) recreational anglers, hunters, and sporting 

19 organizations provide direct assistance to fish and 

20 wildlife managers and enforcement officers of the 

21 Federal Government as well as State and local gov22 ernments by investing volunteer time and effort to 

23 fish and wildlife conservation; 

24 (5) recreational anglers, hunters, and the asso25 ciated industries have generated billions of dollars of 

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1 search, and management by providing revenues from 

2 purchases of fishing and hunting licenses, permits, 

3 and stamps, as well as excise taxes on fishing, hunt4 ing, and shooting equipment that have generated bil5 lions of dollars of critical funding for fish and wild6 life conservation, research, and management; 

7 (6) recreational shooting is also an important 

8 and traditional activity in which millions of Ameri9 cans participate, safe recreational shooting is a valid 

10 use of Federal public lands, including the establish11 ment of safe and convenient shooting ranges on such 

12 lands, and participation in recreational shooting 

13 helps recruit and retain hunters and contributes to 

14 wildlife conservation; 

15 (7) opportunities to recreationally fish, hunt, 

16 and shoot are declining, which depresses participa17 tion in these traditional activities, and depressed 

18 participation adversely impacts fish and wildlife con19 servation and funding for important conservation ef20 forts; and 

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

22 citizens’ fish and wildlife resources benefitted, by ac23 tion to ensure that opportunities are facilitated to 

24 engage in fishing and hunting on Federal public 

25 land as recognized by Executive Order No. 12962, 


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1 relating to recreational fisheries, and Executive 

2 Order No. 13443, relating to facilitation of hunting 

3 heritage and wildlife conservation. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) FEDERAL PUBLIC LAND.—The term ‘‘Fed7 eral public land’’ means any land or water that is 

8 owned and managed by the Bureau of Land Man9 agement or the Forest Service. 

10 (2) FEDERAL PUBLIC LAND MANAGEMENT OF11 FICIALS.—The term ‘‘Federal public land manage12 ment officials’’ means— 

13 (A) the Secretary of the Interior and Di14 rector of the Bureau of Land Management re15 garding Bureau of Land Management lands 

16 and waters; and 

17 (B) the Secretary of Agriculture and Chief 

18 of the Forest Service regarding the National 

19 Forest System. 

20 (3) HUNTING.— 

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

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

23 use of a firearm, bow, or other authorized 

24 means in the lawful— 


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1 (i) pursuit, shooting, capture, collec2 tion, trapping, or killing of wildlife; 

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

4 collect, trap, or kill wildlife; or 

5 (iii) the training of hunting dogs, in6 cluding field trials. 

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

8 does not include the use of skilled volunteers to 

9 cull excess animals (as defined by other Federal 

10 law). 

11 (4) RECREATIONAL FISHING.—The term ‘‘rec12 reational fishing’’ means the lawful— 

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

14 of fish; or 

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

16 (5) RECREATIONAL SHOOTING.—The term 

17 ‘‘recreational shooting’’ means any form of sport, 

18 training, competition, or pastime, whether formal or 

19 informal, that involves the discharge of a rifle, hand20 gun, or shotgun, or the use of a bow and arrow. 

21 SEC. 4. RECREATIONAL FISHING, HUNTING, AND SHOOT22 ING. 

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

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

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1 agement officials shall exercise authority under existing 

2 law, including provisions regarding land use planning, to 

3 facilitate use of and access to Federal public lands, includ4 ing National Monuments, Wilderness Areas, Wilderness 

5 Study Areas, and lands administratively classified as wil6 derness eligible or suitable and primitive or semi-primitive 

7 areas, for fishing, sport hunting, and recreational shoot8 ing, except as limited by— 

9 (1) statutory authority that authorizes action or 

10 withholding action for reasons of national security, 

11 public safety, or resource conservation; 

12 (2) any other Federal statute that specifically 

13 precludes recreational fishing, hunting, or shooting 

14 on specific Federal public lands, waters, or units 

15 thereof; and 

16 (3) discretionary limitations on recreational 

17 fishing, hunting, and shooting determined to be nec18 essary and reasonable as supported by the best sci19 entific evidence and advanced through a transparent 

20 public process. 

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

22 the head of each Federal public land management agency 

23 shall exercise its land management discretion— 


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1 (1) in a manner that supports and facilitates 

2 recreational fishing, hunting, and shooting opportu3 nities; 

4 (2) to the extent authorized under applicable 

5 State law; and 

6 (3) in accordance with applicable Federal law. 

7 (c) PLANNING.— 

8 (1) EVALUATION OF EFFECTS ON OPPORTUNI9 TIES TO ENGAGE IN RECREATIONAL FISHING, HUNT10 ING, OR SHOOTING.—Federal public land planning 

11 documents, including land resources management 

12 plans, resource management plans, and comprehen13 sive conservation plans, shall include a specific eval14 uation of the effects of such plans on opportunities 

15 to engage in recreational fishing, hunting, or shoot16 ing. 

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

18 taken under this Act, or under section 4 of the Na19 tional Wildlife Refuge System Administration Act of 

20 1966 (16 U.S.C. 668dd), either individually or cu21 mulatively with other actions involving Federal pub22 lic lands or lands managed by the United States 

23 Fish and Wildlife Service, shall be considered to be 

24 a major Federal action significantly affecting the 

25 quality of the human environment, and no additional 


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1 identification, analysis, or consideration of environ2 mental effects, including cumulative effects, is nec3 essary or required. 

4 (3) OTHER ACTIVITY NOT CONSIDERED.—Fed5 eral public land management officials are not re6 quired to consider the existence or availability of rec7 reational fishing, hunting, or shooting opportunities 

8 on adjacent or nearby public or private lands in the 

9 planning for or determination of which Federal pub10 lic lands are open for these activities or in the set11 ting of levels of use for these activities on Federal 

12 public lands, unless the combination or coordination 

13 of such opportunities would enhance the recreational 

14 fishing, hunting, or shooting opportunities available 

15 to the public. 

16 (d) FEDERAL PUBLIC LANDS.— 

17 (1) LANDS OPEN.—Lands under the jurisdic18 tion of the Bureau of Land Management and the 

19 Forest Service, including Wilderness Areas, Wilder20 ness Study Areas, lands designated as wilderness or 

21 administratively classified as wilderness eligible or 

22 suitable and primitive or semi-primitive areas and 

23 National Monuments, but excluding lands on the 

24 Outer Continental Shelf, shall be open to rec25 reational fishing, hunting, and shooting unless the 


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1 managing Federal agency acts to close lands to such 

2 activity. Lands may be subject to closures or restric3 tions if determined by the head of the agency to be 

4 necessary and reasonable and supported by facts 

5 and evidence, for purposes including resource con6 servation, public safety, energy or mineral produc7 tion, energy generation or transmission infrastruc8 ture, water supply facilities, protection of other per9 mittees, protection of private property rights or in10 terest, national security, or compliance with other 

11 law. 

12 (2) SHOOTING RANGES.— 

13 (A) IN GENERAL.—The head of each Fed14 eral agency shall use his or her authorities in 

15 a manner consistent with this Act and other ap16 plicable law, to— 

17 (i) lease or permit use of lands under 

18 the jurisdiction of the agency for shooting 

19 ranges; and 

20 (ii) designate specific lands under the 

21 jurisdiction of the agency for recreational 

22 shooting activities. 

23 (B) LIMITATION ON LIABILITY.—Any des24 ignation under subparagraph (A)(ii) shall not 

25 subject the United States to any civil action or 


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1 claim for monetary damages for injury or loss 

2 of property or personal injury or death caused 

3 by any activity occurring at or on such des4 ignated lands. 

5 (e) NECESSITY IN WILDERNESS AREAS AND ‘‘WITH6 IN AND SUPPLEMENTAL TO’’ WILDERNESS PURPOSES.— 

7 (1) MINIMUM REQUIREMENTS FOR ADMINIS8 TRATION.—The provision of opportunities for hunt9 ing, fishing and recreational shooting, and the con10 servation of fish and wildlife to provide sustainable 

11 use recreational opportunities on designated Federal 

12 wilderness areas shall constitute measures necessary 

13 to meet the minimum requirements for the adminis14 tration of the wilderness area, provided that this de15 termination shall not authorize or facilitate com16 modity development, use, or extraction, motorized 

17 recreational access or use that is not otherwise al18 lowed under the Wilderness Act (16 U.S.C. 1131 et 

19 seq.), or permanent road construction or mainte20 nance within designated wilderness areas. 

21 (2) APPLICATION OF WILDERNESS ACT.—Provi22 sions of the Wilderness Act (16 U.S.C. 1131 et 

23 seq.), stipulating that wilderness purposes are ‘‘with24 in and supplemental to’’ the purposes of the under25 lying Federal land unit are reaffirmed. When seekVerDate Sep 11 2014 03:59 Jan 30, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H528.IH H528

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1 ing to carry out fish and wildlife conservation pro2 grams and projects or provide fish and wildlife de3 pendent recreation opportunities on designated wil4 derness areas, the head of each Federal agency shall 

5 implement these supplemental purposes so as to fa6 cilitate, enhance, or both, but not to impede the un7 derlying Federal land purposes when seeking to 

8 carry out fish and wildlife conservation programs 

9 and projects or provide fish and wildlife dependent 

10 recreation opportunities in designated wilderness 

11 areas, provided that such implementation shall not 

12 authorize or facilitate commodity development, use 

13 or extraction, or permanent road construction or use 

14 within designated wilderness areas. 

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

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

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

18 who has authority to manage Federal public land on which 

19 fishing, hunting, or recreational shooting occurs shall sub20 mit to the Committee on Natural Resources of the House 

21 of Representatives and the Committee on Energy and 

22 Natural Resources of the Senate a report that describes— 

23 (1) any Federal public land administered by the 

24 agency head that was closed to recreational fishing, 


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1 sport hunting, or shooting at any time during the 

2 preceding year; and 

3 (2) the reason for the closure. 

4 (g) CLOSURES OR SIGNIFICANT RESTRICTIONS OF

5 640 OR MORE ACRES.— 

6 (1) IN GENERAL.—Other than closures estab7 lished or prescribed by land planning actions re8 ferred to in subsection (d) or emergency closures de9 scribed in paragraph (3) of this subsection, a perma10 nent or temporary withdrawal, change of classifica11 tion, or change of management status of Federal 

12 public land that effectively closes or significantly re13 stricts 640 or more contiguous acres of Federal pub14 lic land to access or use for fishing or hunting or ac15 tivities related to fishing, hunting, or both, shall 

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

17 change, the head of the Federal agency that has ju18 risdiction over the Federal public land— 

19 (A) publishes appropriate notice of the 

20 withdrawal or change, respectively; 

21 (B) demonstrates that coordination has oc22 curred with a State fish and wildlife agency; 

23 and 

24 (C) submits to the Committee on Natural 

25 Resources of the House of Representatives and 


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1 the Committee on Energy and Natural Re2 sources of the Senate written notice of the with3 drawal or change, respectively. 

4 (2) AGGREGATE OR CUMULATIVE EFFECTS.—If 

5 the aggregate or cumulative effect of separate with6 drawals or changes effectively closes or significantly 

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

8 withdrawals and changes shall be treated as a single 

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

10 (3) EMERGENCY CLOSURES.—Nothing in this 

11 Act prohibits a Federal land management agency 

12 from establishing or implementing emergency clo13 sures or restrictions of the smallest practicable area 

14 to provide for public safety, resource conservation, 

15 national security, or other purposes authorized by 

16 law. Such an emergency closure shall terminate after 

17 a reasonable period of time unless converted to a 

18 permanent closure consistent with this Act. 

19 (h) NATIONAL PARK SERVICE UNITS NOT AF20 FECTED.—Nothing in this Act shall affect or modify man21 agement or use of units of the National Park System. 

22 (i) NO PRIORITY.—Nothing in this Act requires a 

23 Federal land management agency to give preference to 

24 recreational fishing, hunting, or shooting over other uses 


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1 of Federal public land or over land or water management 

2 priorities established by Federal law. 

3 (j) CONSULTATION WITH COUNCILS.—In fulfilling 

4 the duties set forth in this Act, the heads of Federal agen5 cies shall consult with respective advisory councils as es6 tablished in Executive Order Nos. 12962 and 13443. 

7 (k) AUTHORITY OF THE STATES.— 

8 (1) IN GENERAL.—Nothing in this Act shall be 

9 construed as interfering with, diminishing, or con10 flicting with the authority, jurisdiction, or responsi11 bility of any State to exercise primary management, 

12 control, or regulation of fish and wildlife under State 

13 law (including regulations) on land or water within 

14 the State, including on Federal public land. 

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

16 shall be construed to authorize the head of a Federal 

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

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

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

20 paragraph shall not affect the Migratory Bird Stamp 

21 requirement set forth in the Migratory Bird Hunting 

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

23 seq.). 

Æ 


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