IB 
Union Calendar No. 442 
112TH CONGRESS 
2D SESSION 
H. R. 2834 
[Report No. 112–609, Part I] 
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 
JULY 19, 2012 
Additional sponsors: Mr. COFFMAN of Colorado, Mr. COLE, Mr. HUIZENGA of 
Michigan, Mr. BARLETTA, Mr. POSEY, Mr. SIMPSON, Mr. GIBBS, Mr. 
HULTGREN, Ms. JENKINS, Mr. POMPEO, Mr. LATTA, Mr. MCCOTTER, 
Mr. WITTMAN, Mr. SHUSTER, Mr. THORNBERRY, Mr. SENSENBRENNER, 
Mr. AUSTIN SCOTT of Georgia, Mr. HUELSKAMP, Mr. ROE of Tennessee, 
Mr. KLINE, Mr. WALBERG, Mr. KINGSTON, Mr. SCHILLING, Mr. HECK, 
Mr. AMODEI, Mrs. MILLER of Michigan, Mr. HARRIS, Mr. AUSTRIA, Mrs. 
ELLMERS, Mr. ROSS of Arkansas, Mr. MCCLINTOCK, Mr. LATHAM, Ms. 
BUERKLE, Mr. FLAKE, Mr. ROKITA, Mr. MARCHANT, Mr. NUGENT, Mr. 
BUCHANAN, Mr. REHBERG, Mrs. ADAMS, Mr. HANNA, Mr. BROUN of 
Georgia, Mr. CRAVAACK, Mr. PALAZZO, Mr. DUNCAN of South Carolina, 
Mr. STIVERS, Mr. CALVERT, Mr. GOSAR, Mr. MILLER of Florida, Mr. 
MCINTYRE, Mr. SCHWEIKERT, Mr. WESTMORELAND, Mr. MANZULLO, 
Mr. HUNTER, and Mr. CANSECO 
JULY 19, 2012 
Reported from the Committee on Natural Resources with an amendment 
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[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 19, 2012 
The Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on September 2, 2011] 
A BILL 
To recognize the heritage of recreational fishing, hunting, 
and shooting on Federal public lands and ensure contin-
ued opportunities for these activities. 
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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— 
(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 conservation 
in the United States; 
(3) recreational fishing and hunting are environ-
mentally 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 Fed-
eral Government as well as State and local govern-
ments by investing volunteer time and effort to fish 
and wildlife conservation; 
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(5) recreational anglers, hunters, and the associ-
ated 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-
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, including the establish-
ment of safe and convenient shooting ranges on such 
lands and participation in recreational shooting helps 
recruit and retain hunters and contributes to wildlife 
conservation; 
(7) opportunities to recreationally fish, hunt, 
and shoot are declining, which depresses participation 
in these traditional activities, and depressed partici-
pation adversely impacts fish and wildlife conserva-
tion and funding for important conservation efforts; 
and 
(8) the public interest would be served, and our 
citizens’ fish and wildlife resources benefitted, by ac-
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tion to ensure that opportunities are facilitated to en-
gage in fishing and hunting on Federal public land 
as recognized by Executive Order 12962, relating to 
recreational fisheries, and Executive Order 13443, re-
lating to facilitation of hunting heritage and wildlife 
conservation. 
SEC. 3. DEFINITION. 
In this Act: 
(1) FEDERAL PUBLIC LAND.— 
(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 include 
the conservation of natural resources. 
(B) EXCLUSION.—The term ‘‘Federal public 
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 
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use of a firearm, bow, or other authorized means 
in the lawful— 
(i) pursuit, shooting, capture, collec-
tion, trapping, or killing of wildlife; 
(ii) attempt to pursue, shoot, capture, 
collect, trap, or kill wildlife; or 
(iii) the training of hunting dogs in-
cluding field trials. 
(B) EXCLUSION.—The term ‘‘hunting’’ does 
not include the use of skilled volunteers to cull 
excess animals (as defined by other Federal 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 ‘‘rec-
reational shooting’’ means any form of sport, train-
ing, competition, or pastime, whether formal or infor-
mal, that involves the discharge of a rifle, handgun, 
or shotgun, or the use of a bow and arrow. 
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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 manage-
ment officials shall exercise their authority under existing 
law, including provisions regarding land use planning, 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; 
(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— 
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(1) in a manner that supports and facilitates 
recreational fishing, hunting, and shooting opportuni-
ties; 
(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 OPPORTU-
NITIES TO ENGAGE IN RECREATIONAL FISHING, 
HUNTING, OR SHOOTING.—Federal public land 
planning documents, including land resources 
management plans, resource management plans, 
travel management plans, general management 
plans, and comprehensive conservation plans, 
shall include a specific evaluation of the effects 
of such plans on opportunities to engage in rec-
reational fishing, hunting, or shooting. 
(B) NOT MAJOR FEDERAL ACTION.—No ac-
tion taken under this section, other than an ac-
tion under subsection (d)(2) or (g), or under sec-
tion 4 of the National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd), 
either individually or cumulatively with other 
actions involving Federal public lands, shall be 
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considered to be a major Federal action signifi-
cantly affecting the quality of the human envi-
ronment, and no additional identification, anal-
ysis, or consideration of environmental effects, 
including cumulative effects, is necessary or re-
quired. 
(C) OTHER ACTIVITY NOT CONSIDERED.— 
Federal public land management officials are 
not required to consider the existence or avail-
ability of recreational fishing, hunting, or shoot-
ing opportunities on adjacent or nearby public 
or private lands in the planning for or deter-
mination of which Federal public lands are open 
for these activities or in the setting of levels of 
use for these activities on Federal public lands, 
unless the combination or coordination of such 
opportunities would enhance the recreational 
fishing, hunting, or shooting opportunities avail-
able to the public. 
(2) USE OF VOLUNTEERS.—If hunting is prohib-
ited by law, all Federal public land planning docu-
ments listed in paragraph (1)(A) of an agency shall, 
after appropriate coordination with State fish and 
wildlife agency, allow the participation of skilled vol-
unteers in the culling and other management of wild-
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life populations on Federal public lands unless the 
head of the agency demonstrates, based on the best sci-
entific 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 jurisdiction 
of the Bureau of Land Management and the Forest 
Service, including lands designated as wilderness or 
administratively classified as wilderness eligible or 
suitable and primitive or semi-primitive areas but ex-
cluding 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 clo-
sures or restrictions if determined by the head of the 
agency to be necessary and reasonable and supported 
by facts and evidence, for purposes including resource 
conservation, public safety, energy or mineral produc-
tion, energy generation or transmission infrastruc-
ture, water supply facilities, protection of other per-
mittees, protection of private property rights or inter-
ests, national security, or compliance with other law. 
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(2) SHOOTING RANGES.— 
(A) IN GENERAL.—The head of each Federal 
agency shall use his or her authorities in a man-
ner consistent with this Act, and other applicable 
law, to— 
(i) lease or permit use of lands of the 
agency for shooting ranges; and 
(ii) designate specific lands of the 
agency 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 designated 
lands. 
(e) NECESSITY IN WILDERNESS AREAS.— 
(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. 
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(2) The phrase ‘‘within and supplemental to’’ 
Wilderness purposes, as originally enacted in section 
4(c) of Public Law 88–577, means that any require-
ments imposed by that Act shall be implemented only 
insofar as they do not prevent Federal public land 
management officials and State fish and wildlife offi-
cials from carrying out and facilitating the original 
or primary purposes for which the Federal public 
lands or Federal public land unit was established. 
Such phrase is not intended to authorize or facilitate 
commodity development, use, or extraction, motorized 
recreation access, or comparable non-hunting, fishing 
and trapping activities. 
(f) REPORT.—Not later than October 1 of every other 
year, beginning with the second October 1 after the date 
of enactment of this Act, the head of each Federal agency 
who has authority to manage Federal public land on which 
fishing, hunting, or recreational shooting occurs shall sub-
mit to the Committee on Natural Resources of the House 
of Representatives and the Committee on Energy and Nat-
ural Resources of the Senate a report that describes— 
(1) any Federal public land administered by the 
agency head that was closed to recreational fishing, 
sport hunting, or shooting at any time during the 
preceding year; and 
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(2) the reason for the closure. 
(g) CLOSURES OR SIGNIFICANT RESTRICTIONS OF 640 
OR MORE ACRES.— 
(1) IN
GENERAL.—Other than closures estab-
lished or prescribed by land planning actions referred 
to in subsection (d) or emergency closures described in 
paragraph (3) of this subsection, a permanent or tem-
porary withdrawal, change of classification, or change 
of management status of Federal public land or water 
that effectively closes or significantly restricts 640 or 
more contiguous acres of Federal public land or water 
to access or use for fishing or hunting or activities re-
lated 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 jurisdiction over 
the Federal public land or water— 
(A) publishes appropriate notice of the 
withdrawal or change, respectively; 
(B) demonstrates that coordination has oc-
curred with a State fish and wildlife agency; 
and 
(C) submits to the Committee on Natural 
Resources of the House of Representatives and 
the Committee on Energy and Natural Resources 
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of the Senate written notice of the withdrawal or 
change, respectively. 
(2) AGGREGATE OR CUMULATIVE EFFECTS.—If 
the aggregate or cumulative effect of separate with-
drawals or changes effectively closes or significantly 
restricts 1280 or more acres of land or water, such 
withdrawals and changes shall be treated as a single 
withdrawal or change for purposes of paragraph (1). 
(3) EMERGENCY
CLOSURES.—Nothing in this 
Act prohibits a Federal land management agency 
from establishing or implementing emergency closures 
or restrictions of the smallest practicable area to pro-
vide for public safety, resource conservation, national 
security, or other purposes authorized by law. Such 
an emergency closure shall terminate after a reason-
able period of time unless converted to a permanent 
closure consistent with this Act. 
(h) AREAS NOT AFFECTED.— 
(1) IN GENERAL.—Nothing in this Act requires 
the opening of national park or national monuments 
under the jurisdiction of the National Park Service to 
hunting or recreational shooting. 
(2) NATIONAL
WILDLIFE
REFUGE
SYSTEM.— 
Nothing in this Act is intended to amend or modify 
the provisions of the National Wildlife Refuge System 
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Administration Act of 1966 (16 U.S.C. 668dd et seq.), 
except as expressly provided herein. 
(i) NO PRIORITY.—Nothing in this Act requires a Fed-
eral agency to give preference to recreational fishing, hunt-
ing, or shooting over other uses of Federal public land or 
over land or water management priorities established by 
Federal law. 
(j) CONSULTATION WITH COUNCILS.—In fulfilling the 
duties set forth in this Act, the heads of Federal agencies 
shall consult with respective advisory councils as established 
in Executive Orders 12962 and 13443. 
(k) 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 regulations) 
on land or water within the State, including on Fed-
eral public land. 
(2) FEDERAL LICENSES.—Nothing in this Act 
authorizes the head of a Federal agency head to re-
quire a license, fee, 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 require-
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ment set forth in the Migratory Bird Hunting and 
Conservation Stamp Act (16 U.S.C. 718 et seq.). 
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Union Calendar No. 442 
112TH CONGRESS 
2D SESSION 
H. R. 2834 
[Report No. 112–609, Part I] 
A BILL 
To recognize the heritage of recreational fishing, 
hunting, and shooting on Federal public lands 
and ensure continued opportunities for these ac-
tivities. 
JULY 19, 2012 
Reported from the Committee on Natural Resources with 
an amendment 
JULY 19, 2012 
The Committee on Agriculture discharged; committed to 
the Committee of the Whole House on the State of the 
Union and ordered to be printed 
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