LEAD Act of 2023

To require the Secretary of the Interior to prohibit the use of lead ammunition on United States Fish and Wildlife Service lands, and for other purposes. 1. Short title This Act may be cited as the Lead Endangers Animals Daily Act of 2023 LEAD Act of 2023 2. Findings Congress finds the following: (1) In 1991, the United States Fish and Wildlife Service required the use of nontoxic ammunition for all waterfowl hunting. (2) Research has shown that the presence of lead in the environment poses a threat to human and wildlife health. (3) The Environmental Protection Agency has determined that lead is toxic to both humans and animals, and can negatively affect nearly every organ and system in the human body, including the heart, bones, intestines, kidneys, and reproductive and nervous systems. Lead exposure interferes with the development of the nervous system and is therefore particularly toxic to children, causing potentially permanent learning and behavioral disorders. (4) Lead is a potent neurotoxin, for which no safe exposure level exists for humans. The use of lead has been outlawed in and removed from paint, gasoline, children’s toys, and many other items to protect human health and wildlife. (5) Wildlife, including federally listed threatened and endangered species, is at risk of lead toxicosis through the ingestion of lead ammunition, either directly by ingesting lead from spent ballistic materials while foraging, or indirectly by scavenging carcasses and viscera left by hunters. Lead may also pollute soil and water around outdoor shooting ranges. (6) Lead ammunition also endangers human food supplies. Dairy and beef cattle have developed lead poisoning after feeding in areas where spent lead ammunition has accumulated. Spent lead ammunition can also contaminate crops, vegetation, and waterways. (7) Humans are at risk of lead toxicosis through the consumption of game meat harvested with lead ammunition. (8) Alternatives to lead ammunition are readily available, and studies have shown that nonlead ammunition performs just as well as lead-based ammunition. (9) In January 2017, the outgoing Director of the United States Fish and Wildlife Service issued Director’s Order 219. In March 2017, the Principal Deputy Director of the United States Fish and Wildlife Service repealed this Order. 3. Nontoxic ammunition (a) In general Except as provided in subsection (c), and not later than 1 year after enactment, the Secretary, acting through the Director, shall issue final regulations prohibiting the discharge of any firearm using ammunition other than nonlead ammunition certified under subsection (b) on all lands and waters under the jurisdiction and control of the United States Fish and Wildlife Service. (b) Certification The Director shall, for the purposes of enforcing this section and in consultation with State and Tribal governments, establish and annually update a list of nonlead ammunition. (c) Exceptions The prohibition under subsection (a) shall not apply to— (1) a Government official or agent carrying out a statutory duty unrelated to the management of wildlife; (2) a State, local, Tribal, or Federal law enforcement officer or the agent of such officer when carrying out a statutory duty; and (3) an active member of the United States military when carrying out official duties. (d) Penalties A person that knowingly violates subsection (a) may be assessed a civil penalty by the Secretary of no more than $500 for the first violation. A second or subsequent violation shall be punishable by a fine of not less than $1,000 or more than $5,000. (e) Definitions In this section: (1) Ammunition The term ammunition (2) Director The term Director (3) Explosive The term explosive (4) Firearm The term firearm (5) Nonlead ammunition The term nonlead ammunition (6) Secretary The term Secretary (7) Trace amounts The term trace amounts

Summary: Lead Endangers Animals Daily Act of 2023 or the LEAD Act of 2023 This bill directs the Department of the Interior to issue final regulations prohibiting the discharge of any firearm using ammunition other than nonlead ammunition on all lands and waters under the jurisdiction and control of the U.S. Fish and Wildlife Service. Interior must establish and annually update a list of nonlead ammunition. The prohibition does not apply to (1) a government official or agent who is carrying out a statutory duty unrelated to the management of wildlife; (2) a state, local, tribal, or federal law enforcement officer, or the agent of such an officer, who is carrying out a statutory duty; or (3) an active member of the U.S. military who is carrying out official duties. A person that knowingly violates the prohibition may be assessed a civil penalty by Interior of (1) no more than $500 for the first violation, and (2) no less than $1,000 or more than $5,000 for a second or subsequent violation.