I 

112TH CONGRESS 

1ST SESSION H. R. 2834 

To recognize the heritage of recreational fishing, hunting, and shooting on 

Federal public lands and ensure continued opportunities for these activities. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 2, 2011 

Mr. BENISHEK (for himself, Mr. BOREN, Mr. YOUNG of Alaska, and Mr. 

KELLY) introduced the following bill 

SEPTEMBER 6, 2011 

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 recognize the heritage of recreational fishing, hunting, 

and shooting on Federal public lands and ensure continued opportunities for these activities. 

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 ‘‘Recreational Fishing 

5 and Hunting Heritage and Opportunities Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 2834 IH

1 (1) recreational fishing and hunting are impor2 tant and traditional activities in which millions of 

3 Americans participate; 

4 (2) recreational anglers and hunters have been 

5 and continue to be among the foremost supporters 

6 of sound fish and wildlife management and conserva7 tion in the United States; 

8 (3) recreational fishing and hunting are envi9 ronmentally acceptable and beneficial activities that 

10 occur and can be provided on Federal public lands 

11 and waters without adverse effects on other uses or 

12 users; 

13 (4) recreational anglers, hunters, and sporting 

14 organizations provide direct assistance to fish and 

15 wildlife managers and enforcement officers of the 

16 Federal Government as well as State and local gov17 ernments by investing volunteer time and effort to 

18 fish and wildlife conservation; 

19 (5) recreational anglers, hunters, and the asso20 ciated industries have generated billions of dollars of 

21 critical funding for fish and wildlife conservation, re22 search, and management by providing revenues from 

23 purchases of fishing and hunting licenses, permits, 

24 and stamps, as well as excise taxes on fishing, hunt25 ing, and shooting equipment that have generated bilVerDate Mar 15 2010 03:06 Sep 07, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2834.IH H2834

jbell on DSK7SPTVN1PROD with BILLS
3 

•HR 2834 IH

1 lions of dollars of critical funding for fish and wild2 life conservation, research, and management; 

3 (6) recreational shooting is also an important 

4 and traditional activity in which millions of Ameri5 cans participate, safe recreational shooting is a valid 

6 use of Federal public lands, and participation in rec7 reational shooting helps recruit and retain hunters 

8 and contributes to wildlife conservation; 

9 (7) opportunities to recreationally fish, hunt, 

10 and shoot are declining, which depresses participa11 tion in these traditional activities, and depressed 

12 participation adversely impacts fish and wildlife con13 servation and funding for important conservation ef14 forts; and 

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

16 citizens’ fish and wildlife resources benefitted, by ac17 tion to ensure that opportunities are facilitated to 

18 engage in fishing and hunting on Federal public 

19 land as recognized by Executive Order 12962, relat20 ing to recreational fisheries, and Executive Order 

21 13443, relating to facilitation of hunting heritage 

22 and wildlife conservation. 

23 SEC. 3. DEFINITION. 

24 In this Act: 

25 (1) FEDERAL PUBLIC LAND.— 


jbell on DSK7SPTVN1PROD with BILLS
4 

•HR 2834 IH

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

2 subparagraph (B), the term ‘‘Federal public 

3 land’’ means any land or water that is— 

4 (i) owned by the United States; and 

5 (ii) managed by a Federal agency (in6 cluding the Department of the Interior and 

7 the Forest Service) for purposes that in8 clude the conservation of natural resources. 

9 (B) EXCLUSION.—The term ‘‘Federal pub10 lic land’’ does not include any land or water 

11 held in trust for the benefit of Indians or other 

12 Native Americans. 

13 (2) HUNTING.— 

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

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

16 use of a firearm, bow, or other authorized 

17 means in the lawful— 

18 (i) pursuit, shooting, capture, collec19 tion, trapping, or killing of wildlife; or 

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

21 collect, trap, or kill wildlife. 

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

23 does not include the use of skilled volunteers to 

24 cull excess animals (as defined by other Federal 


jbell on DSK7SPTVN1PROD with BILLS
5 

•HR 2834 IH

1 law, including laws applicable to the National 

2 Park System). 

3 (3) RECREATIONAL FISHING.—The term ‘‘rec4 reational fishing’’ means the lawful— 

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

6 of fish; or 

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

8 (4) RECREATIONAL SHOOTING.—The term 

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

10 training, competition, or pastime, whether formal or 

11 informal, that involves the discharge of a rifle, hand12 gun, or shotgun, or the use of a bow and arrow. 

13 SEC. 4. RECREATIONAL FISHING, HUNTING, AND SHOOT14 ING. 

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

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

17 State and fish and wildlife agency, Federal public land 

18 management officials shall exercise their authority under 

19 existing law, including provisions regarding land use plan20 ning, to facilitate use of and access to Federal public lands 

21 and waters for fishing, sport hunting, and recreational 

22 shooting except as limited by— 

23 (1) statutory authority that authorizes action or 

24 withholding action for reasons of national security, 

25 public safety, or resource conservation; 


jbell on DSK7SPTVN1PROD with BILLS
6 

•HR 2834 IH

1 (2) any other Federal statute that specifically 

2 precludes recreational fishing, hunting, or shooting 

3 on specific Federal public lands, waters, or units 

4 thereof; and 

5 (3) discretionary limitations on recreational 

6 fishing, hunting, and shooting determined to be nec7 essary and reasonable as supported by the best sci8 entific evidence and advanced through a transparent 

9 public process. 

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

11 the head of each Federal public land management agency 

12 shall exercise its land management discretion— 

13 (1) in a manner that supports and facilitates 

14 recreational fishing, hunting, and shooting opportu15 nities; 

16 (2) to the extent authorized under applicable 

17 State law; and 

18 (3) in accordance with applicable Federal law. 

19 (c) PLANNING.— 

20 (1) EFFECTS OF PLANS AND ACTIVITIES.— 

21 (A) EVALUATION OF EFFECTS ON OPPOR22 TUNITIES TO ENGAGE IN RECREATIONAL FISH23 ING, HUNTING, OR SHOOTING.—Federal public 

24 land planning documents, including land re25 sources management plans, resource manageVerDate Mar 15 2010 03:06 Sep 07, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2834.IH H2834

jbell on DSK7SPTVN1PROD with BILLS
7 

•HR 2834 IH

1 ment plans, travel management plans, general 

2 management plans, and comprehensive con3 servation plans, shall include a specific evalua4 tion of the effects of such plans on opportuni5 ties to engage in recreational fishing, hunting, 

6 or shooting. 

7 (B) NOT MAJOR FEDERAL ACTION.—No 

8 action taken under this Act, or under section 4 

9 of the National Wildlife Refuge System Admin10 istration Act of 1966 (16 U.S.C. 668dd), either 

11 individually or cumulatively with other actions 

12 involving Federal public lands, shall be consid13 ered to be a major Federal action significantly 

14 affecting the quality of the human environment, 

15 and no additional identification, analysis, or 

16 consideration of environmental effects, including 

17 cumulative effects, is necessary or required. 

18 (C) OTHER ACTIVITY NOT CONSIDERED.— 

19 The fact that recreational fishing, hunting, or 

20 shooting occurs on adjacent or nearby public or 

21 private lands shall not be considered in deter22 mining which Federal public lands are open for 

23 these activities or for setting levels of use for 

24 these activities. 


jbell on DSK7SPTVN1PROD with BILLS
8 

•HR 2834 IH

1 (2) USE OF VOLUNTEERS.—If hunting is pro2 hibited by law, all Federal public land planning doc3 uments of listed in paragraph (1)(A) of an agency 

4 shall, after appropriate coordination with State fish 

5 and wildlife agency, allow the participation of skilled 

6 volunteers in the culling and other management of 

7 wildlife populations on Federal public lands unless 

8 the head of the agency demonstrates, based on the 

9 best scientific data available or applicable Federal 

10 statutes, why skilled volunteers shall not be used to 

11 control overpopulations of wildlife on the land that 

12 is the subject of the planning documents. 

13 (d) BUREAU OF LAND MANAGEMENT AND FOREST

14 SERVICE LANDS.— 

15 (1) LANDS OPEN.—Lands under the jurisdic16 tion of the Bureau of Land Management and the 

17 Forest Service, including lands designated as wilder18 ness or administratively classified as wilderness eligi19 ble or suitable and primitive or semi-primitive areas 

20 but excluding lands on the Outer Continental Shelf, 

21 shall be open to recreational fishing, hunting, and 

22 shooting unless the managing Federal agency acts to 

23 close lands to such activity. Lands may be subject 

24 to closures or restrictions if determined by the head 

25 of the agency to be necessary and reasonable and 


jbell on DSK7SPTVN1PROD with BILLS
9 

•HR 2834 IH

1 supported by facts and evidence, for purposes includ2 ing resource conservation, public safety, energy or 

3 mineral production, energy generation or trans4 mission infrastructure, water supply facilities, pro5 tection of other permittees, protection of private 

6 property rights or interests, national security, or 

7 compliance with other law. The head of the agency 

8 shall publish public notice of such closure or restric9 tion before it is effective, unless the closure or re10 striction is mandated by other law. 

11 (2) SHOOTING RANGES.— 

12 (A) IN GENERAL.—The head of each Fed13 eral agency— 

14 (i) may lease its lands for shooting 

15 ranges; and 

16 (ii) may designate specific lands for 

17 recreational shooting activities. 

18 (B) LIMITATION ON LIABILITY.—Any des19 ignation under subparagraph (A)(ii) shall not 

20 subject the United States to any civil action or 

21 claim for monetary damages for injury or loss 

22 of property or personal injury or death caused 

23 by any activity occurring at or on such des24 ignated lands. 

25 (e) NECESSITY IN WILDERNESS AREAS.— 


jbell on DSK7SPTVN1PROD with BILLS
10 

•HR 2834 IH

1 (1) The provision of opportunities for hunting, 

2 fishing and recreational shooting, and the conserva3 tion of fish and wildlife to provide sustainable use 

4 recreational opportunities on designated wilderness 

5 areas on Federal public lands shall constitute meas6 ures necessary to meet the minimum requirements 

7 for the administration of the wilderness area. 

8 (2) The ‘‘within and supplemental to’’ Wilder9 ness purposes, as provided in Public Law 88–577, 

10 section 4(c), means that any requirements imposed 

11 by that Act shall be implemented only insofar as 

12 they facilitate or enhance the original or primary 

13 purpose or purposes for which the Federal public 

14 lands or Federal public land unit was established 

15 and do not materially interfere with or hinder such 

16 purpose or purposes. 

17 (f) ANNUAL REPORT.— 

18 (1) IN GENERAL.—Not later than October 1 of 

19 each year, the head of each Federal agency who has 

20 authority to manage Federal public land on which 

21 fishing, hunting, or recreational shooting occurs 

22 shall publish in the Federal Register and submit to 

23 the Committee on Natural Resources of the House 

24 of Representatives and the Committee on Energy 


jbell on DSK7SPTVN1PROD with BILLS
11 

•HR 2834 IH

1 and Natural Resources of the Senate a report that 

2 describes— 

3 (A) any Federal public land administered 

4 by the agency head that was closed to rec5 reational fishing, sport hunting, or shooting at 

6 any time during the preceding year; and 

7 (B) the reason for the closure. 

8 (2) CLOSURES OR SIGNIFICANT RESTRICTIONS

9 OF 640 OR MORE ACRES.— 

10 (A) IN GENERAL.—Other than closures 

11 under subsection (c), the withdrawal, any 

12 change of classification, or any change of man13 agement status that effectively closes or signifi14 cantly restricts 640 or more contiguous acres of 

15 Federal public land or water to access or use 

16 for fishing or hunting or activities related to 

17 fishing and hunting (or both) shall take effect 

18 only if, before the date of withdrawal or change, 

19 the head of the Federal agency that has juris20 diction over the Federal public land or water— 

21 (i) publishes notice of the closure, 

22 withdrawal, or significant restriction; 

23 (ii) demonstrates that coordination 

24 has occurred with a State fish and wildlife 

25 agency; and 


jbell on DSK7SPTVN1PROD with BILLS
12 

•HR 2834 IH

1 (iii) submits to the Committee on 

2 Natural Resources of the House of Rep3 resentatives and the Committee on Energy 

4 and Natural Resources of the Senate writ5 ten notice of the withdrawal, change, or 

6 significant restriction. 

7 (B) AGGREGATE OR CUMULATIVE EF8 FECTS.—If the aggregate or cumulative effect 

9 of small closures or significant restrictions af10 fects 640 or more acres, such small closures or 

11 significant restrictions shall be subject to these 

12 requirements. 

13 (g) AREAS NOT AFFECTED.—Nothing in this Act re14 quires the opening of national park or national monu15 ments under the jurisdiction of the National Park Service 

16 to hunting or recreational shooting. 

17 (h) NO PRIORITY.—Nothing in this Act requires a 

18 Federal agency to give preference to recreational fishing, 

19 hunting, or shooting over other uses of Federal public land 

20 or over land or water management priorities established 

21 by Federal law. 

22 (i) CONSULTATION WITH COUNCILS.—In fulfilling 

23 the duties set forth in this Act, the heads of Federal agen24 cies shall consult with respective advisory councils as es25 tablished in Executive Orders 12962 and 13443. 


jbell on DSK7SPTVN1PROD with BILLS
13 

•HR 2834 IH

1 (j) AUTHORITY OF THE STATES.— 

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

3 construed as interfering with, diminishing, or con4 flicting with the authority, jurisdiction, or responsi5 bility of any State to manage, control, or regulate 

6 fish and wildlife under State law (including regula7 tions) on land or water within the State, including 

8 on Federal public land. 

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

10 authorizes the head of a Federal agency head to re11 quire a license or permit to fish, hunt, or trap on 

12 land or water in a State, including on Federal public 

13 land in the States, except that this paragraph shall 

14 not affect the Migratory Bird Stamp requirement set 

15 forth in the Migratory Bird Hunting and Conserva16 tion Stamp Act (16 U.S.C. 718 et seq.). 

Æ 


jbell on DSK7SPTVN1PROD with BILLS