I 

110TH CONGRESS 

2D SESSION H. R. 5646 

To protect the second amendment rights of individuals to carry firearms 

and ammunition in units of the National Park System and the National 

Wildlife Refuge System and to require that hunting activities be a land 

use in all management plans for Federal land to the extent that such 

use is not clearly incompatible with the purposes for which the Federal 

land is managed. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2008 

Mr. BROUN of Georgia (for himself, Mr. ENGLISH of Pennsylvania, Mr. 

HENSARLING, Mr. BILBRAY, Mr. BURTON of Indiana, Mr. KING of Iowa, 

Ms. FALLIN, Mr. MILLER of Florida, Mr. DAVID DAVIS of Tennessee, 

Mrs. MUSGRAVE, Mr. GINGREY, Mr. GOODE, and Mr. GARRETT of New 

Jersey) introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To protect the second amendment rights of individuals to 

carry firearms and ammunition in units of the National 

Park System and the National Wildlife Refuge System 

and to require that hunting activities be a land use 

in all management plans for Federal land to the extent 

that such use is not clearly incompatible with the purposes for which the Federal land is managed. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


hsrobinson on PROD1PC76 with BILLS
2 

•HR 5646 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting the Second 

3 Amendment and Hunting Rights on Federal Lands Act 

4 of 2008’’. 

5 SEC. 2. POSSESSING OR CARRYING FIREARMS AND AMMU6 NITION IN UNITS OF THE NATIONAL PARK 

7 SYSTEM AND THE NATIONAL WILDLIFE REF8 UGE SYSTEM. 

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

10 (1) The second amendment to the Constitution 

11 of the United States provides that ‘‘the right of the 

12 people to keep and bear Arms, shall not be in13 fringed’’. 

14 (2) People in the United States use firearms 

15 over 2,000,000 times a year for self-defense. 

16 (3) States that have enacted legislation expand17 ing the rights of residents to use firearms for self18 defense have witnessed a decrease in firearm-related 

19 crime. 

20 (4) As of the date of enactment of this Act, 

21 Federal regulations generally prohibit persons from 

22 possessing firearms in units of the National Park 

23 System and the National Wildlife Refuge System. 

24 (5) The regulations described in paragraph (4) 

25 often prevent an individual complying with Federal 

26 and State laws from exercising such individual’s secVerDate Aug 31 2005 17:00 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5646.IH H5646

hsrobinson on PROD1PC76 with BILLS
3 

•HR 5646 IH

1 ond amendment rights while in units of the National 

2 Park System or the National Wildlife Refuge Sys3 tem. 

4 (6) Laws relating to the transportation and 

5 possession of firearms in units of the National Park 

6 System and the National Wildlife Refuge System are 

7 often different than the laws of the State such units 

8 of the National Park System or the National Wild9 life Refuge System are located in, entrapping other10 wise law-abiding gun owners while in units of the 

11 National Park System and the National Wildlife 

12 Refuge System. 

13 (7) Federal law should clarify that the second 

14 amendment rights of an individual in a unit of the 

15 National Park System or the National Wildlife Ref16 uge System will not be infringed. 

17 (b) PROTECTING THE RIGHT OF AN INDIVIDUAL TO

18 KEEP AND BEAR FIREARMS AND AMMUNITION IN UNITS

19 OF THE NATIONAL PARK SYSTEM AND THE NATIONAL

20 WILDLIFE REFUGE SYSTEM.—No Federal regulation 

21 shall restrict any individual from possessing or carrying 

22 a firearm or ammunition if that restriction is based in 

23 whole or in part upon the fact that the individual is in 

24 a unit of the National Park System or the National Wild25 life Refuge System. 


hsrobinson on PROD1PC76 with BILLS
4 

•HR 5646 IH

1 SEC. 3. HUNTING ON FEDERAL LAND. 

2 (a) PURPOSE.—The purpose of this section is to re3 quire that hunting activities be a land use in all manage4 ment plans for Federal land to the extent that such use 

5 is not clearly incompatible with the purposes for which the 

6 Federal land is managed. 

7 (b) HUNTING ALLOWED UNLESS INCOMPATIBLE.— 

8 When developing or considering approval of a manage9 ment plan (or any amendment to such a management 

10 plan) for any Federal land, the head of the agency with 

11 jurisdiction over such Federal land shall ensure that hunt12 ing activities are allowed as a use of such land to the ex13 tent that such use is not clearly incompatible with the pur14 poses for which the Federal land is managed. 

15 (c) PUBLICATION OF REASONS FOR NOT ALLOWING

16 HUNTING.—If hunting activities are not allowed or are re17 stricted on Federal land, the head of the agency with juris18 diction over such Federal land shall include in the man19 agement plan for that Federal land the specific reason 

20 that hunting activities are not allowed or are restricted. 

21 Allowing contract or quota thinning of wildlife shall not 

22 constitute allowing unrestricted hunting. For the purposes 

23 of this subsection, a fee charged by any entity related to 

24 hunting activities on Federal land under the jurisdiction 

25 of the Secretary that is in excess of that needed to recoup 


hsrobinson on PROD1PC76 with BILLS
5 

•HR 5646 IH

1 costs of management of the Federal land shall be deemed 

2 to be a restriction on hunting. 

3 (d) FEES.—Fees charged related to hunting activities 

4 on Federal land shall be— 

5 (1) retained by the head of the agency with ju6 risdiction over such Federal land to offset costs di7 rectly related to management of hunting on the Fed8 eral land upon which hunting activities related to the 

9 fee are conducted; and 

10 (2) limited to what the Secretary reasonably es11 timates to be necessary to offset costs directly re12 lated to management of hunting on the Federal land 

13 upon which hunting activities related to the fee are 

14 conducted. 

15 (e) DEFINITIONS.—In this Act: 

16 (1) HUNTING.—The term ‘‘hunting’’ includes 

17 hunting, trapping, netting, and fishing. 

18 (2) MANAGEMENT PLAN.—The term ‘‘manage19 ment plan’’ shall include a management plan, man20 agement contract, or other comprehensive plan for 

21 the management or use of Federal land. 

22 (f) APPLICABILITY.—This section shall apply to all 

23 management plans developed, approved, or amended after 

24 the date of the enactment of this section. 

Æ 


hsrobinson on PROD1PC76 with BILLS