IB 
Union Calendar No. 293 
112TH CONGRESS 
2D SESSION 
H. R. 4089 
[Report No. 112–426, Part I] 
To protect and enhance opportunities for recreational hunting, fishing and 
shooting. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2012 
Mr. MILLER of Florida (for himself, Mr. BENISHEK, Mr. FLAKE, Mr. YOUNG 
of Alaska, Mr. ROSS of Arkansas, Mr. BOREN, Mr. LATTA, and Mr. 
SHULER) introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committees on Agri-
culture and Energy and Commerce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
APRIL 13, 2012 
Additional sponsors: Mr. DUNCAN of South Carolina, Mr. TIPTON, Mr. ALT-
MIRE, Mr. MANZULLO, Mr. FARENTHOLD, Mr. KLINE, Mr. AUSTRIA, Mr. 
SCHWEIKERT, Mr. REHBERG, Mr. QUAYLE, Mr. KISSELL, Mr. BROUN of 
Georgia, Mr. COFFMAN of Colorado, Mr. HANNA, Mr. PALAZZO, Mr. 
HUELSKAMP, Mr. DUNCAN of Tennessee, Mr. WITTMAN, Mr. HUNTER, 
and Mr. ROONEY 
APRIL 13, 2012 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
APRIL 13, 2012 
The Committees on Agriculture and Energy and Commerce discharged; com-
mitted 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 February 27, 2012] 
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A BILL 
To protect and enhance opportunities for recreational 
hunting, fishing and shooting. 
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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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Sportsmen’s Heritage Act of 2012’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—RECREATIONAL FISHING AND HUNTING HERITAGE AND 
OPPORTUNITIES 
Sec. 101. Short title. 
Sec. 102. Findings. 
Sec. 103. Definition. 
Sec. 104. Recreational fishing, hunting, and shooting. 
TITLE II—RECREATIONAL SHOOTING PROTECTION 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. Recreational shooting. 
TITLE III—POLAR BEAR CONSERVATION AND FAIRNESS 
Sec. 301. Short title. 
Sec. 302. Permits for importation of polar bear trophies taken in sport hunts in 
Canada. 
TITLE IV—HUNTING, FISHING, AND RECREATIONAL SHOOTING 
PROTECTION 
Sec. 401. Short title. 
Sec. 402. Modification of definition. 
TITLE I—RECREATIONAL FISH-
ING AND HUNTING HERITAGE 
AND OPPORTUNITIES 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Recreational Fishing 
and Hunting Heritage and Opportunities Act’’. 
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SEC. 102. 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; 
(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-
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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, 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 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-
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. 103. DEFINITION. 
In this title: 
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(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 
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 law, 
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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. 
SEC. 104. 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; 
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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 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, 
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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 title, or under section 4 of 
the National Wildlife Refuge System Adminis-
tration Act of 1966 (16 U.S.C. 668dd), either in-
dividually or cumulatively with other actions in-
volving Federal public lands, shall be considered 
to be a major Federal action significantly affect-
ing the quality of the human environment, and 
no additional identification, analysis, or consid-
eration of environmental effects, including cumu-
lative 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. 
(2) USE OF VOLUNTEERS.—If hunting is prohib-
ited by law, all Federal public land planning docu-
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ments 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 stat-
utes, why skilled volunteers shall not be used to con-
trol 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-
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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. 
The head of the agency shall publish public notice of 
such closure or restriction before it is effective, unless 
the closure or restriction is mandated by other law. 
(2) SHOOTING RANGES.— 
(A) IN GENERAL.—The head of each Federal 
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 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 
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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 fa-
cilitate or enhance the original or primary purpose or 
purposes for which the Federal public lands or Fed-
eral public land unit was established and do not ma-
terially interfere with or hinder such purpose or pur-
poses. 
(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 Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate a report that describes— 
(A) any Federal public land administered 
by the agency head that was closed to rec-
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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 management 
status that effectively closes or significantly re-
stricts 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 jurisdiction over the 
Federal public land or water— 
(i) publishes notice of the closure, with-
drawal, or significant restriction; 
(ii) demonstrates that coordination has 
occurred with a State fish and wildlife 
agency; and 
(iii) submits to the Committee on Nat-
ural Resources of the House of Representa-
tives and the Committee on Energy and 
Natural Resources of the Senate written no-
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tice of the withdrawal, change, or signifi-
cant restriction. 
(B) 
AGGREGATE
OR
CUMULATIVE
EF-
FECTS.—If the aggregate or cumulative effect of 
small closures or significant restrictions affects 
640 or more acres, such small closures or signifi-
cant restrictions shall be subject to these require-
ments. 
(g) AREAS NOT AFFECTED.—Nothing in this title re-
quires the opening of national park or national monuments 
under the jurisdiction of the National Park Service to hunt-
ing or recreational shooting. 
(h) NO PRIORITY.—Nothing in this title 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 title, the heads of Federal agencies 
shall consult with respective advisory councils as established 
in Executive Orders 12962 and 13443. 
(j) AUTHORITY OF THE STATES.— 
(1) IN GENERAL.—Nothing in this title shall be 
construed as interfering with, diminishing, or con-
flicting with the authority, jurisdiction, or responsi-
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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 title 
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.). 
TITLE II—RECREATIONAL 
SHOOTING PROTECTION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Recreational Shooting 
Protection Act’’. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Bureau of Land Management. 
(2) NATIONAL MONUMENT LAND.—The term ‘‘Na-
tional Monument land’’ has the meaning given that 
term in the Act of June 8, 1908 (commonly known as 
the ‘‘Antiquities Act’’; 16 U.S.C. 431 et seq.). 
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(3) RECREATIONAL SHOOTING.—The term ‘‘rec-
reational shooting’’ includes 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. 
SEC. 203. RECREATIONAL SHOOTING. 
(a) IN GENERAL.—Subject to valid existing rights, Na-
tional Monument land under the jurisdiction of the Bureau 
of Land Management shall be open to access and use for 
recreational shooting, except such closures and restrictions 
determined by the Director to be necessary and reasonable 
and supported by facts and evidence for one or more of the 
following: 
(1) Reasons of national security. 
(2) Reasons of public safety. 
(3) To comply with an applicable Federal stat-
ute. 
(4) To comply with a law (including regula-
tions) of the State in which the National Monument 
land is located that is applicable to recreational 
shooting. 
(b) NOTICE; REPORT.— 
(1) REQUIREMENT.—Except as set forth in para-
graph (2)(B), before a restriction or closure under 
subsection (a) is made effective, the Director shall— 
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