IB
Union Calendar No. 496
106TH CONGRESS
2D SESSION
H. R. 4790
[Report No. 106–838]
To recognize hunting heritage and provide opportunities for continued hunting
on public lands.
IN THE HOUSE OF REPRESENTATIVES
JUNE 29, 2000
Mr. CHAMBLISS (for himself, Mr. YOUNG of Alaska, Mr. PETERSON of Min-
nesota, Mr. CUNNINGHAM, Mr. PICKERING, Mr. GREEN of Wisconsin,
Mr. THUNE, and Mr. HANSEN) introduced the following bill; which was
referred to the Committee on Resources
SEPTEMBER 12, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 29, 2000]
A BILL
To recognize hunting heritage and provide opportunities for
continued hunting on public lands.
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 ‘‘Hunting Heritage Pro-
tection Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Recreational hunting is an important and
traditional recreational activity in which 14,000,000
Americans 16 years of age and older participate.
(2) Hunters have been and continue to be among
the foremost supporters of sound wildlife management
and conservation practices in the United States.
(3) Persons who hunt and organizations related
to hunting provide direct assistance to wildlife man-
agers and enforcement officers of Federal, State, and
local governments.
(4) Purchases of hunting licenses, permits, and
stamps and excise taxes on goods used by hunters
have generated billions of dollars for wildlife con-
servation, research, and management.
(5) Recreational hunting is an essential compo-
nent of effective wildlife management, in that it is an
important tool for reducing conflicts between people
and wildlife and provides incentives for the conserva-
tion of wildlife and habitats and ecosystems on which
wildlife depends.
(6) Each State has established at least one agen-
cy staffed by professionally trained wildlife manage-
ment personnel, that has legal authority to manage
the wildlife in the State.
(7) Recreational hunting is an environmentally
acceptable activity that occurs and can be provided
for on Federal public lands without adverse effects on
other uses of that land and water.
SEC. 3. RECREATIONAL HUNTING.
(a) IN GENERAL.—Subject to valid existing rights,
Federal public lands shall be open to access and use for
recreational hunting except—
(1) as limited by the Federal agency with re-
sponsibility for Federal public lands—
(A) for reasons of national security;
(B) for reasons of public safety; or
(C) for reasons authorized in applicable
Federal statutes as reasons for closure; and
(2) as recreational hunting is limited by the
State in which the Federal public lands are located.
(b) MANAGEMENT.—The head of each Federal agency
with authority to manage a natural resource or Federal
public lands on which a natural resource depends shall ex-
ercise that authority, consistent with subsection (a), in a
manner so as to support, promote, and enhance recreational
hunting opportunities, to the extent authorized under State
law and regulation and in accordance with applicable Fed-
eral law.
(c) NO NET LOSS.—
(1) IN GENERAL.—Federal land management de-
cisions and actions should, to the greatest extent prac-
ticable, result in no net loss of land area available for
hunting opportunities on Federal public lands.
(2) ANNUAL REPORT.—Not later than October 1
of each year, the head of each Federal agency with
authority to manage Federal public lands on which
recreational hunting occurs shall submit to the Com-
mittee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources
of the Senate a report describing—
(A) areas administered by the agency that
have been closed during the previous year to rec-
reational hunting and the reasons for such clo-
sure; and
(B) areas administered by the agency that
were open to recreational hunting to compensate
for those areas described under subparagraph
(A).
(d) AREAS NOT AFFECTED.—Nothing in this Act shall
be construed to compel the opening to recreational hunting
of national parks or national monuments administered by
the National Park Service.
(e) NO PRIORITY.—This section does not require a
Federal agency to give preference to hunting over other uses
of Federal public lands, or over land or water management
priorities established in Federal law.
(f) AUTHORITY OF THE STATES.—
(1) SAVINGS.—Nothing in this Act shall be con-
strued as affecting the authority, jurisdiction, or re-
sponsibility of the several States to manage, control,
or regulate fish and resident wildlife under State law
or regulations on land or water within a State, in-
cluding Federal public lands, nor as impliedly pre-
empting such State authority.
(2) FEDERAL LICENSES.—Nothing in this Act
shall be construed as authorizing the head of any Fed-
eral agency, or any official of such an agency, to re-
quire licenses or permits to hunt, fish or trap on
lands or waters within a State, including on Federal
public lands.
(3) STATE RIGHT OF ACTION.—Any State ag-
grieved by the failure of the head of a Federal agency
or an official thereof to comply with this subsection
may file a civil action in the United States District
Court for the district in which the alleged act in vio-
lation of this subsection occurred or is occurring to
enjoin permanently such act. The court may grant
preliminary injunctive relief in any such action if the
granting of such relief is appropriate under the facts
on which such action is based. A State which is a
prevailing party in an action pursuant to this para-
graph shall be awarded its costs and attorneys’ fees.
SEC. 4. NATIONAL RECREATIONAL HUNTING COORDINA-
TION COUNCIL.
(a) ESTABLISHMENT.—There is hereby established a
National Recreational Hunting Coordination Council (in
this Act referred to as the ‘‘Council’’).
(b) RECREATIONAL
HUNTING
RESOURCES
CON-
SERVATION PLAN.—
(1) IN GENERAL.—The Council, in cooperation
with Federal agencies, States, and tribes, and the
hunting community, shall develop a comprehensive
recreational hunting and wildlife resource conserva-
tion plan.
(2) CONTENTS.—The plan shall—
(A) recommend short- and long-term ac-
tions to be carried out by the Federal agencies
identified in the plan to conserve and restore
wildlife habitat in a manner so as to support,
promote, facilitate, and enhance recreational
hunting opportunities on Federal public lands;
and
(B) include—
(i) a review and evaluation of Federal
policies that affect recreational hunting op-
portunities on Federal public lands;
(ii) recommendations to ensure that
Federal agencies consider the social and
economic values of healthy wildlife habitat
and recreational hunting in land manage-
ment decisions;
(iii) recommended actions to be taken
by Federal agencies to facilitate and pro-
mote hunting access to appropriate Fed-
eral public lands;
(iv) recommended actions to facilitate
the transfer of the latest resource informa-
tion and management technologies to wild-
life managers and the public to assist in the
conservation and management of wildlife
and the promotion of hunting opportunities
on Federal public lands;
(v) recommendations for improving
Federal agency cooperation with States,
tribes, wildlife conservation groups, and the
hunting community;
(vi) measurable objectives of efforts to
conserve and restore wildlife habitats that
support viable and healthy wildlife re-
sources that may be hunted;
(vii) a comprehensive mechanism to
evaluate the attainment of the objectives de-
scribed in clause (vi); and
(viii) an evaluation of the need for a
permanent National Recreational Hunting
Coordination Council.
(3) INTEGRATION.—To the extent practicable, the
Council in developing such plan shall integrate it
with existing plans and programs to reduce duplica-
tion of efforts.
(4) SUBMISSION OF PLAN.—Not later than 18
months after the date of enactment of this Act, the
Council shall publish a draft plan in the Federal Reg-
ister and provide opportunity for public review and
comment. Not later than 3 years after the date of en-
actment, the Council shall revise and update as nec-
essary the draft plan and submit a final plan to the
Committee on Resources of the House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate, and the President.
(c) MEMBERSHIP.—
(1) NUMBER AND APPOINTMENT.—The Council
shall consist of 11 members appointed as follows:
(A) 1 member appointed by the Secretary of
the Interior.
(B) 1 member appointed by the Secretary of
Agriculture.
(C) 1 member appointed by the Secretary of
Defense.
(D) 1 member appointed by the Speaker of
the House of Representatives.
(E) 1 member appointed by the minority
leader of the House of Representatives.
(F) 1 member appointed by the majority
leader of the Senate.
(G) 1 member appointed by the minority
leader of the Senate.
(H) 2 members appointed by the President
from among the directors of State fish and wild-
life agencies.
(I) 2 members appointed by the President to
represent recreational hunters.
(2) VACANCIES.—A vacancy in the Council shall
be filled in the manner in which the original appoint-
ment was made.
(3) PAY.—Each member shall serve without pay.
(4) TRAVEL EXPENSES.—Each member shall re-
ceive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
(5) CHAIRPERSON.—The members of the Council
shall elect a Chairperson of the Council from among
its members.
(d) POWERS OF COUNCIL.—
(1) HEARINGS
AND
SESSIONS.—The Council
may, for the purpose of carrying out this Act, hold
hearings, sit and act at times and places, take testi-
mony, and receive evidence as the Council considers
appropriate.
(2) POWERS OF MEMBERS AND AGENTS.—Any
member or agency of the Council may, if authorized
by the Council, take any action which the Council is
authorized to take by this subsection.
(e) TERMINATION.—The Council shall terminate upon
the earlier of the date of submission of the final plan under
subsection (b) or 3 years after the date of the enactment
of this Act.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of the Inte-
rior $250,000 for each of fiscal years 2001 through 2003
to support the Council established under this section.
(g) EFFECTIVE DATE.—This section shall become effec-
tive January 20, 2001.
SEC. 5. DEFINITIONS.
In this Act:
(1) HUNTING.—The term ‘‘hunting’’ means the
lawful pursuit, hunting, trapping, shooting, capture,
collection, or killing of wildlife or the attempt to pur-
sue, hunt, trap, shoot, capture, collect, or kill wildlife.
(2) FEDERAL PUBLIC LANDS.—The term ‘‘Fed-
eral public lands’’ means any land or water the title
to which is in the United States after the date of en-
actment of this Act.
Union Calendar No. 496
106TH CONGRESS
2D SESSION
H. R. 4790
[Report No. 106–838]
A BILL
To recognize hunting heritage and provide
opportunities for continued hunting on public lands.
SEPTEMBER 12, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed