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 Com-
mittee 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 contin-
ued opportunities for these activities. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Recreational Fishing 
and Hunting Heritage and Opportunities Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
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(1) recreational fishing and hunting are impor-
tant and traditional activities in which millions of 
Americans participate; 
(2) recreational anglers and hunters have been 
and continue to be among the foremost supporters 
of sound fish and wildlife management and conserva-
tion in the United States; 
(3) recreational fishing and hunting are envi-
ronmentally acceptable and beneficial activities that 
occur and can be provided on Federal public lands 
and waters without adverse effects on other uses or 
users; 
(4) recreational anglers, hunters, and sporting 
organizations provide direct assistance to fish and 
wildlife managers and enforcement officers of the 
Federal Government as well as State and local gov-
ernments by investing volunteer time and effort to 
fish and wildlife conservation; 
(5) recreational anglers, hunters, and the asso-
ciated industries have generated billions of dollars of 
critical funding for fish and wildlife conservation, re-
search, and management by providing revenues from 
purchases of fishing and hunting licenses, permits, 
and stamps, as well as excise taxes on fishing, hunt-
ing, and shooting equipment that have generated bil-
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lions of dollars of critical funding for fish and wild-
life conservation, research, and management; 
(6) recreational shooting is also an important 
and traditional activity in which millions of Ameri-
cans participate, safe recreational shooting is a valid 
use of Federal public lands, and participation in rec-
reational shooting helps recruit and retain hunters 
and contributes to wildlife conservation; 
(7) opportunities to recreationally fish, hunt, 
and shoot are declining, which depresses participa-
tion in these traditional activities, and depressed 
participation adversely impacts fish and wildlife con-
servation and funding for important conservation ef-
forts; and 
(8) the public interest would be served, and our 
citizens’ fish and wildlife resources benefitted, by ac-
tion to ensure that opportunities are facilitated to 
engage in fishing and hunting on Federal public 
land as recognized by Executive Order 12962, relat-
ing to recreational fisheries, and Executive Order 
13443, relating to facilitation of hunting heritage 
and wildlife conservation. 
SEC. 3. DEFINITION. 
In this Act: 
(1) FEDERAL PUBLIC LAND.— 
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(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘Federal public 
land’’ means any land or water that is— 
(i) owned by the United States; and 
(ii) managed by a Federal agency (in-
cluding the Department of the Interior and 
the Forest Service) for purposes that in-
clude the conservation of natural resources. 
(B) EXCLUSION.—The term ‘‘Federal pub-
lic land’’ does not include any land or water 
held in trust for the benefit of Indians or other 
Native Americans. 
(2) HUNTING.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘hunting’’ means 
use of a firearm, bow, or other authorized 
means in the lawful— 
(i) pursuit, shooting, capture, collec-
tion, trapping, or killing of wildlife; or 
(ii) attempt to pursue, shoot, capture, 
collect, trap, or kill wildlife. 
(B) EXCLUSION.—The term ‘‘hunting’’ 
does not include the use of skilled volunteers to 
cull excess animals (as defined by other Federal 
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law, including laws applicable to the National 
Park System). 
(3) RECREATIONAL FISHING.—The term ‘‘rec-
reational fishing’’ means the lawful— 
(A) pursuit, capture, collection, or killing 
of fish; or 
(B) attempt to capture, collect, or kill fish. 
(4) 
RECREATIONAL
SHOOTING.—The 
term 
‘‘recreational shooting’’ means any form of sport, 
training, competition, or pastime, whether formal or 
informal, that involves the discharge of a rifle, hand-
gun, or shotgun, or the use of a bow and arrow. 
SEC. 4. RECREATIONAL FISHING, HUNTING, AND SHOOT-
ING. 
(a) IN GENERAL.—Subject to valid existing rights 
and subsection (g), and cooperation with the respective 
State and fish and wildlife agency, Federal public land 
management officials shall exercise their authority under 
existing law, including provisions regarding land use plan-
ning, to facilitate use of and access to Federal public lands 
and waters for fishing, sport hunting, and recreational 
shooting except as limited by— 
(1) statutory authority that authorizes action or 
withholding action for reasons of national security, 
public safety, or resource conservation; 
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(2) any other Federal statute that specifically 
precludes recreational fishing, hunting, or shooting 
on specific Federal public lands, waters, or units 
thereof; and 
(3) discretionary limitations on recreational 
fishing, hunting, and shooting determined to be nec-
essary and reasonable as supported by the best sci-
entific evidence and advanced through a transparent 
public process. 
(b) MANAGEMENT.—Consistent with subsection (a), 
the head of each Federal public land management agency 
shall exercise its land management discretion— 
(1) in a manner that supports and facilitates 
recreational fishing, hunting, and shooting opportu-
nities; 
(2) to the extent authorized under applicable 
State law; and 
(3) in accordance with applicable Federal law. 
(c) PLANNING.— 
(1) EFFECTS OF PLANS AND ACTIVITIES.— 
(A) EVALUATION OF EFFECTS ON OPPOR-
TUNITIES TO ENGAGE IN RECREATIONAL FISH-
ING, HUNTING, OR SHOOTING.—Federal public 
land planning documents, including land re-
sources management plans, resource manage-
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ment plans, travel management plans, general 
management plans, and comprehensive con-
servation plans, shall include a specific evalua-
tion of the effects of such plans on opportuni-
ties to engage in recreational fishing, hunting, 
or shooting. 
(B) NOT
MAJOR
FEDERAL
ACTION.—No 
action taken under this Act, or under section 4 
of the National Wildlife Refuge System Admin-
istration Act of 1966 (16 U.S.C. 668dd), either 
individually or cumulatively with other actions 
involving Federal public lands, shall be consid-
ered to be a major Federal action significantly 
affecting the quality of the human environment, 
and no additional identification, analysis, or 
consideration of environmental effects, including 
cumulative effects, is necessary or required. 
(C) OTHER ACTIVITY NOT CONSIDERED.— 
The fact that recreational fishing, hunting, or 
shooting occurs on adjacent or nearby public or 
private lands shall not be considered in deter-
mining which Federal public lands are open for 
these activities or for setting levels of use for 
these activities. 
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(2) USE OF VOLUNTEERS.—If hunting is pro-
hibited by law, all Federal public land planning doc-
uments of listed in paragraph (1)(A) of an agency 
shall, after appropriate coordination with State fish 
and wildlife agency, allow the participation of skilled 
volunteers in the culling and other management of 
wildlife populations on Federal public lands unless 
the head of the agency demonstrates, based on the 
best scientific data available or applicable Federal 
statutes, why skilled volunteers shall not be used to 
control overpopulations of wildlife on the land that 
is the subject of the planning documents. 
(d) BUREAU OF LAND MANAGEMENT AND FOREST 
SERVICE LANDS.— 
(1) LANDS OPEN.—Lands under the jurisdic-
tion of the Bureau of Land Management and the 
Forest Service, including lands designated as wilder-
ness or administratively classified as wilderness eligi-
ble or suitable and primitive or semi-primitive areas 
but excluding lands on the Outer Continental Shelf, 
shall be open to recreational fishing, hunting, and 
shooting unless the managing Federal agency acts to 
close lands to such activity. Lands may be subject 
to closures or restrictions if determined by the head 
of the agency to be necessary and reasonable and 
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supported by facts and evidence, for purposes includ-
ing resource conservation, public safety, energy or 
mineral production, energy generation or trans-
mission infrastructure, water supply facilities, pro-
tection of other permittees, protection of private 
property rights or interests, national security, or 
compliance with other law. The head of the agency 
shall publish public notice of such closure or restric-
tion before it is effective, unless the closure or re-
striction is mandated by other law. 
(2) SHOOTING RANGES.— 
(A) IN GENERAL.—The head of each Fed-
eral agency— 
(i) may lease its lands for shooting 
ranges; and 
(ii) may designate specific lands for 
recreational shooting activities. 
(B) LIMITATION ON LIABILITY.—Any des-
ignation under subparagraph (A)(ii) shall not 
subject the United States to any civil action or 
claim for monetary damages for injury or loss 
of property or personal injury or death caused 
by any activity occurring at or on such des-
ignated lands. 
(e) NECESSITY IN WILDERNESS AREAS.— 
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(1) The provision of opportunities for hunting, 
fishing and recreational shooting, and the conserva-
tion of fish and wildlife to provide sustainable use 
recreational opportunities on designated wilderness 
areas on Federal public lands shall constitute meas-
ures necessary to meet the minimum requirements 
for the administration of the wilderness area. 
(2) The ‘‘within and supplemental to’’ Wilder-
ness purposes, as provided in Public Law 88–577, 
section 4(c), means that any requirements imposed 
by that Act shall be implemented only insofar as 
they facilitate or enhance the original or primary 
purpose or purposes for which the Federal public 
lands or Federal public land unit was established 
and do not materially interfere with or hinder such 
purpose or purposes. 
(f) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than October 1 of 
each year, the head of each Federal agency who has 
authority to manage Federal public land on which 
fishing, hunting, or recreational shooting occurs 
shall publish in the Federal Register and submit to 
the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy 
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and Natural Resources of the Senate a report that 
describes— 
(A) any Federal public land administered 
by the agency head that was closed to rec-
reational fishing, sport hunting, or shooting at 
any time during the preceding year; and 
(B) the reason for the closure. 
(2) CLOSURES OR SIGNIFICANT RESTRICTIONS 
OF 640 OR MORE ACRES.— 
(A) IN
GENERAL.—Other than closures 
under subsection (c), the withdrawal, any 
change of classification, or any change of man-
agement status that effectively closes or signifi-
cantly restricts 640 or more contiguous acres of 
Federal public land or water to access or use 
for fishing or hunting or activities related to 
fishing and hunting (or both) shall take effect 
only if, before the date of withdrawal or change, 
the head of the Federal agency that has juris-
diction over the Federal public land or water— 
(i) publishes notice of the closure, 
withdrawal, or significant restriction; 
(ii) demonstrates that coordination 
has occurred with a State fish and wildlife 
agency; and 
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(iii) submits to the Committee on 
Natural Resources of the House of Rep-
resentatives and the Committee on Energy 
and Natural Resources of the Senate writ-
ten notice of the withdrawal, change, or 
significant restriction. 
(B) AGGREGATE
OR
CUMULATIVE
EF-
FECTS.—If the aggregate or cumulative effect 
of small closures or significant restrictions af-
fects 640 or more acres, such small closures or 
significant restrictions shall be subject to these 
requirements. 
(g) AREAS NOT AFFECTED.—Nothing in this Act re-
quires the opening of national park or national monu-
ments under the jurisdiction of the National Park Service 
to hunting or recreational shooting. 
(h) NO PRIORITY.—Nothing in this Act requires a 
Federal agency to give preference to recreational fishing, 
hunting, or shooting over other uses of Federal public land 
or over land or water management priorities established 
by Federal law. 
(i) CONSULTATION WITH COUNCILS.—In fulfilling 
the duties set forth in this Act, the heads of Federal agen-
cies shall consult with respective advisory councils as es-
tablished in Executive Orders 12962 and 13443. 
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(j) AUTHORITY OF THE STATES.— 
(1) IN GENERAL.—Nothing in this Act shall be 
construed as interfering with, diminishing, or con-
flicting with the authority, jurisdiction, or responsi-
bility of any State to manage, control, or regulate 
fish and wildlife under State law (including regula-
tions) on land or water within the State, including 
on Federal public land. 
(2) FEDERAL LICENSES.—Nothing in this Act 
authorizes the head of a Federal agency head to re-
quire a license or permit to fish, hunt, or trap on 
land or water in a State, including on Federal public 
land in the States, except that this paragraph shall 
not affect the Migratory Bird Stamp requirement set 
forth in the Migratory Bird Hunting and Conserva-
tion Stamp Act (16 U.S.C. 718 et seq.). 
Æ 
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