[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3590 Placed on Calendar Senate (PCS)]
Calendar No. 305
113th CONGRESS
2d Session
H. R. 3590
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 6, 2014
Received; read the first time
February 10, 2014
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sportsmen's Heritage And
Recreational Enhancement Act'' or the ``SHARE Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Report on economic impact.
TITLE I--HUNTING, FISHING AND RECREATIONAL SHOOTING PROTECTION ACT
Sec. 101. Short title.
Sec. 102. Modification of definition.
TITLE II--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT
Sec. 201. Short title.
Sec. 202. Findings; purpose.
Sec. 203. Definition of public target range.
Sec. 204. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 205. Limits on liability.
Sec. 206. Sense of Congress regarding cooperation.
TITLE III--PUBLIC LANDS FILMING
Sec. 301. Purpose.
Sec. 302. Annual permit and fee for film crews of 5 persons or fewer.
TITLE IV--POLAR BEAR CONSERVATION AND FAIRNESS ACT
Sec. 401. Short title.
Sec. 402. Permits for importation of polar bear trophies taken in
sport hunts in Canada.
TITLE V--PERMANENT ELECTRONIC DUCK STAMP ACT
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Authority to issue electronic duck stamps.
Sec. 504. State application.
Sec. 505. State obligations and authorities.
Sec. 506. Electronic stamp requirements; recognition of electronic
stamp.
Sec. 507. Termination of State participation.
TITLE VI--ACCESS TO WATER RESOURCES DEVELOPMENT PROJECTS ACT
Sec. 601. Short title.
Sec. 602. Protecting Americans from violent crime.
TITLE VII--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE
Sec. 701. Wildlife and Hunting Heritage Conservation Council Advisory
Committee.
TITLE VIII--RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES
ACT
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Definitions.
Sec. 804. Recreational fishing, hunting, and shooting.
Sec. 805. Restrictions on hunting in Kisatchie National Forest.
TITLE IX--RESPECT FOR TREATIES AND RIGHTS
Sec. 901. Respect for Treaties and Rights.
TITLE X--EXEMPTIONS FOR TAKING MIGRATORY BIRDS ON CERTAIN AGRICULTURAL
LAND
Sec. 1001. Short title.
Sec. 1002. Exemptions on certain land.
TITLE XI--SENSE OF CONGRESS REGARDING SNOWMOBILES ON NATIONAL FOREST
SYSTEM LANDS
Sec. 1101. Findings and purpose.
SEC. 3. REPORT ON ECONOMIC IMPACT.
Not later than 12 months after the date of the enactment of this
Act, the Secretary of Interior shall submit a report to Congress that
assesses expected economic impacts of the Act. Such report shall
include--
(1) a review of any expected increases in recreational
hunting, fishing, shooting, and conservation activities;
(2) an estimate of any jobs created in each industry
expected to support such activities described in paragraph (1),
including in the supply, manufacturing, distribution, and
retail sectors;
(3) an estimate of wages related to jobs described in
paragraph (2); and
(4) an estimate of anticipated new local, State, and
Federal revenue related to jobs described in paragraph (2).
TITLE I--HUNTING, FISHING AND RECREATIONAL SHOOTING PROTECTION ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Hunting, Fishing, and Recreational
Shooting Protection Act''.
SEC. 102. MODIFICATION OF DEFINITION.
Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C.
2602(2)(B)) is amended--
(1) in clause (v), by striking ``, and'' and inserting ``,
or any component of any such article including, without
limitation, shot, bullets and other projectiles, propellants,
and primers,'';
(2) in clause (vi) by striking the period at the end and
inserting ``, and''; and
(3) by inserting after clause (vi) the following:
``(vii) any sport fishing equipment (as such term is
defined in subsection (a) of section 4162 of the Internal
Revenue Code of 1986) the sale of which is subject to the tax
imposed by section 4161(a) of such Code (determined without
regard to any exemptions from such tax as provided by section
4162 or 4221 or any other provision of such Code), and sport
fishing equipment components.''.
TITLE II--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Target Practice and Marksmanship
Training Support Act''.
SEC. 202. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) the use of firearms and archery equipment for target
practice and marksmanship training activities on Federal land
is allowed, except to the extent specific portions of that land
have been closed to those activities;
(2) in recent years preceding the date of enactment of this
Act, portions of Federal land have been closed to target
practice and marksmanship training for many reasons;
(3) the availability of public target ranges on non-Federal
land has been declining for a variety of reasons, including
continued population growth and development near former ranges;
(4) providing opportunities for target practice and
marksmanship training at public target ranges on Federal and
non-Federal land can help--
(A) to promote enjoyment of shooting, recreational,
and hunting activities; and
(B) to ensure safe and convenient locations for
those activities;
(5) Federal law in effect on the date of enactment of this
Act, including the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), provides Federal support for
construction and expansion of public target ranges by making
available to States amounts that may be used for construction,
operation, and maintenance of public target ranges; and
(6) it is in the public interest to provide increased
Federal support to facilitate the construction or expansion of
public target ranges.
(b) Purpose.--The purpose of this title is to facilitate the
construction and expansion of public target ranges, including ranges on
Federal land managed by the Forest Service and the Bureau of Land
Management.
SEC. 203. DEFINITION OF PUBLIC TARGET RANGE.
In this title, the term ``public target range'' means a specific
location that--
(1) is identified by a governmental agency for recreational
shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol, or shotgun
shooting.
SEC. 204. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.
(a) Definitions.--Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended--
(1) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) the term `public target range' means a specific
location that--
``(A) is identified by a governmental agency for
recreational shooting;
``(B) is open to the public;
``(C) may be supervised; and
``(D) may accommodate archery or rifle, pistol, or
shotgun shooting;''.
(b) Expenditures for Management of Wildlife Areas and Resources.--
Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669g(b)) is amended--
(1) by striking ``(b) Each State'' and inserting the
following:
``(b) Expenditures for Management of Wildlife Areas and
Resources.--
``(1) In general.--Except as provided in paragraph (2),
each State'';
(2) in paragraph (1) (as so designated), by striking
``construction, operation,'' and inserting ``operation'';
(3) in the second sentence, by striking ``The non-Federal
share'' and inserting the following:
``(3) Non-federal share.--The non-Federal share'';
(4) in the third sentence, by striking ``The Secretary''
and inserting the following:
``(4) Regulations.--The Secretary''; and
(5) by inserting after paragraph (1) (as designated by
paragraph (1) of this subsection) the following:
``(2) Exception.--Notwithstanding the limitation described
in paragraph (1), a State may pay up to 90 percent of the cost
of acquiring land for, expanding, or constructing a public
target range.''.
(c) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
669h-1) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under section 4(b),
the State may elect to allocate not more than 10 percent, to be
combined with the amount apportioned to the State under
paragraph (1) for that fiscal year, for acquiring land for,
expanding, or constructing a public target range.'';
(2) by striking subsection (b) and inserting the following:
``(b) Cost Sharing.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activity carried out using a
grant under this section shall not exceed 75 percent of the
total cost of the activity.
``(2) Public target range construction or expansion.--The
Federal share of the cost of acquiring land for, expanding, or
constructing a public target range in a State on Federal or
non-Federal land pursuant to this section or section 8(b) shall
not exceed 90 percent of the cost of the activity.''; and
(3) in subsection (c)(1)--
(A) by striking ``Amounts made'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), amounts made''; and
(B) by adding at the end the following:
``(B) Exception.--Amounts provided for acquiring
land for, constructing, or expanding a public target
range shall remain available for expenditure and
obligation during the 5-fiscal-year period beginning on
October 1 of the first fiscal year for which the
amounts are made available.''.
SEC. 205. LIMITS ON LIABILITY.
(a) Discretionary Function.--For purposes of chapter 171 of title
28, United States Code (commonly referred to as the ``Federal Tort
Claims Act''), any action by an agent or employee of the United States
to manage or allow the use of Federal land for purposes of target
practice or marksmanship training by a member of the public shall be
considered to be the exercise or performance of a discretionary
function.
(b) Civil Action or Claims.--Except to the extent provided in
chapter 171 of title 28, United States Code, the United States shall
not be subject to any civil action or claim for money damages for any
injury to or loss of property, personal injury, or death caused by an
activity occurring at a public target range that is--
(1) funded in whole or in part by the Federal Government
pursuant to the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669 et seq.); or
(2) located on Federal land.
SEC. 206. SENSE OF CONGRESS REGARDING COOPERATION.
It is the sense of Congress that, consistent with applicable laws
and regulations, the Chief of the Forest Service and the Director of
the Bureau of Land Management should cooperate with State and local
authorities and other entities to carry out waste removal and other
activities on any Federal land used as a public target range to
encourage continued use of that land for target practice or
marksmanship training.
TITLE III--PUBLIC LANDS FILMING
SEC. 301. PURPOSE.
The purpose of this title is to provide commercial film crews of 5
persons or fewer access to film in areas designated for public use
during public hours on Federal lands and waterways.
SEC. 302. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.
(a) In General.--Section (1)(a) of Public Law 106-206 (16 U.S.C.
460l-6d) is amended by--
(1) redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) striking ``The Secretary of the Interior'' and
inserting ``(1) In general.--Except as provided by paragraph
(3), the Secretary of the Interior'';
(3) inserting ``(2) Other considerations.--'' before ``The
Secretary may include other factors''; and
(4) adding at the end the following new paragraph:
``(3) Special rules for film crews of 5 persons or fewer.--
``(A) For any film crew of 5 persons or fewer, the
Secretary shall require a permit and assess an annual
fee of $200 for commercial filming activities or
similar projects on Federal lands and waterways
administered by the Secretary. The permit shall be
valid for commercial filming activities or similar
projects that occur in areas designated for public use
during public hours on all Federal lands waterways
administered by the Secretary for a 12-month period
beginning on the date of issuance of the permit.
``(B) For persons holding a permit described in
this paragraph, the Secretary shall not assess, during
the effective period of the permit, any additional fee
for commercial filming activities and similar projects
that occur in areas designated for public use during
public hours on Federal lands and waterways
administered by the Secretary.
``(C) In this paragraph, the term `film crew'
includes all persons present on Federal land under the
Secretary's jurisdiction who are associated with the
production of a certain film.
``(D) The Secretary shall not prohibit, as a
motorized vehicle or under any other purposes, use of
cameras or related equipment used for the purpose of
commercial filming activities or similar projects in
accordance with this paragraph on Federal lands and
waterways administered by the Secretary.''.
(b) Recovery of Costs.--Section (1)(b) of Public Law 106-206 (16
U.S.C. 460l-6d) is amended by--
(1) striking ``collect any costs'' and inserting ``recover
any costs''; and
(2) striking ``similar project'' and inserting ``similar
projects''.
TITLE IV--POLAR BEAR CONSERVATION AND FAIRNESS ACT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Polar Bear Conservation and
Fairness Act''.
SEC. 402. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT
HUNTS IN CANADA.
Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:
``(D)(i) The Secretary of the Interior shall, expeditiously
after the expiration of the applicable 30-day period under
subsection (d)(2), issue a permit for the importation of any
polar bear part (other than an internal organ) from a polar
bear taken in a sport hunt in Canada to any person--
``(I) who submits, with the permit application,
proof that the polar bear was legally harvested by the
person before February 18, 1997; or
``(II) who has submitted, in support of a permit
application submitted before May 15, 2008, proof that
the polar bear was legally harvested by the person
before May 15, 2008, from a polar bear population from
which a sport-hunted trophy could be imported before
that date in accordance with section 18.30(i) of title
50, Code of Federal Regulations.
``(ii) The Secretary shall issue permits under clause
(i)(I) without regard to subparagraphs (A) and (C)(ii) of this
paragraph, subsection (d)(3), and sections 101 and 102.
Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the
importation of any polar bear part authorized by a permit
issued under clause (i)(I). This clause shall not apply to
polar bear parts that were imported before June 12, 1997.
``(iii) The Secretary shall issue permits under clause
(i)(II) without regard to subparagraph (C)(ii) of this
paragraph or subsection (d)(3). Sections 101(a)(3)(B) and
102(b)(3) shall not apply to the importation of any polar bear
part authorized by a permit issued under clause (i)(II). This
clause shall not apply to polar bear parts that were imported
before the date of enactment of the Polar Bear Conservation and
Fairness Act.''.
TITLE V--PERMANENT ELECTRONIC DUCK STAMP ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Permanent Electronic Duck Stamp
Act''.
SEC. 502. DEFINITIONS.
In this title:
(1) Actual stamp.--The term ``actual stamp'' means a
Federal migratory-bird hunting and conservation stamp required
under the Act of March 16, 1934 (16 U.S.C. 718a et seq.)
(popularly known as the ``Duck Stamp Act''), that is printed on
paper and sold through the means established by the authority
of the Secretary immediately before the date of enactment of
this Act.
(2) Automated licensing system.--
(A) In general.--The term ``automated licensing
system'' means an electronic, computerized licensing
system used by a State fish and wildlife agency to
issue hunting, fishing, and other associated licenses
and products.
(B) Inclusion.--The term ``automated licensing
system'' includes a point-of-sale, Internet, telephonic
system, or other electronic applications used for a
purpose described in subparagraph (A).
(3) Electronic stamp.--The term ``electronic stamp'' means
an electronic version of an actual stamp that--
(A) is a unique identifier for the individual to
whom it is issued;
(B) can be printed on paper or produced through an
electronic application with the same indicators as the
State endorsement provides;
(C) is issued through a State automated licensing
system that is authorized, under State law and by the
Secretary under this title, to issue electronic stamps;
(D) is compatible with the hunting licensing system
of the State that issues the electronic stamp; and
(E) is described in the State application approved
by the Secretary under section 504(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 503. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS.
(a) In General.--The Secretary may authorize any State to issue
electronic stamps in accordance with this title.
(b) Consultation.--The Secretary shall implement this section in
consultation with State management agencies.
SEC. 504. STATE APPLICATION.
(a) Approval of Application Required.--The Secretary may not
authorize a State to issue electronic stamps under this title unless
the Secretary has received and approved an application submitted by the
State in accordance with this section. The Secretary may determine the
number of new States per year to participate in the electronic stamp
program.
(b) Contents of Application.--The Secretary may not approve a State
application unless the application contains--
(1) a description of the format of the electronic stamp
that the State will issue under this title, including
identifying features of the licensee that will be specified on
the stamp;
(2) a description of any fee the State will charge for
issuance of an electronic stamp;
(3) a description of the process the State will use to
account for and transfer to the Secretary the amounts collected
by the State that are required to be transferred to the
Secretary under the program;
(4) the manner by which the State will transmit electronic
stamp customer data to the Secretary;
(5) the manner by which actual stamps will be delivered;
(6) the policies and procedures under which the State will
issue duplicate electronic stamps; and
(7) such other policies, procedures, and information as may
be reasonably required by the Secretary.
(c) Publication of Deadlines, Eligibility Requirements, and
Selection Criteria.--Not later than 30 days before the date on which
the Secretary begins accepting applications under this section, the
Secretary shall publish--
(1) deadlines for submission of applications;
(2) eligibility requirements for submitting applications;
and
(3) criteria for approving applications.
SEC. 505. STATE OBLIGATIONS AND AUTHORITIES.
(a) Delivery of Actual Stamp.--The Secretary shall require that
each individual to whom a State sells an electronic stamp under this
title shall receive an actual stamp--
(1) by not later than the date on which the electronic
stamp expires under section 506(c); and
(2) in a manner agreed upon by the State and Secretary.
(b) Collection and Transfer of Electronic Stamp Revenue and
Customer Information.--
(1) Requirement to transmit.--The Secretary shall require
each State authorized to issue electronic stamps to collect and
submit to the Secretary in accordance with this section--
(A) the first name, last name, and complete mailing
address of each individual that purchases an electronic
stamp from the State;
(B) the face value amount of each electronic stamp
sold by the State; and
(C) the amount of the Federal portion of any fee
required by the agreement for each stamp sold.
(2) Time of transmittal.--The Secretary shall require the
submission under paragraph (1) to be made with respect to sales
of electronic stamps by a State according to the written
agreement between the Secretary and the State agency.
(3) Additional fees not affected.--This section shall not
apply to the State portion of any fee collected by a State
under subsection (c).
(c) Electronic Stamp Issuance Fee.--A State authorized to issue
electronic stamps may charge a reasonable fee to cover costs incurred
by the State and the Department of the Interior in issuing electronic
stamps under this title, including costs of delivery of actual stamps.
(d) Duplicate Electronic Stamps.--A State authorized to issue
electronic stamps may issue a duplicate electronic stamp to replace an
electronic stamp issued by the State that is lost or damaged.
(e) Limitation on Authority To Require Purchase of State License.--
A State may not require that an individual purchase a State hunting
license as a condition of issuing an electronic stamp under this title.
SEC. 506. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC
STAMP.
(a) Stamp Requirements.--The Secretary shall require an electronic
stamp issued by a State under this title--
(1) to have the same format as any other license,
validation, or privilege the State issues under the automated
licensing system of the State; and
(2) to specify identifying features of the licensee that
are adequate to enable Federal, State, and other law
enforcement officers to identify the holder.
(b) Recognition of Electronic Stamp.--Any electronic stamp issued
by a State under this title shall, during the effective period of the
electronic stamp--
(1) bestow upon the licensee the same privileges as are
bestowed by an actual stamp;
(2) be recognized nationally as a valid Federal migratory
bird hunting and conservation stamp; and
(3) authorize the licensee to hunt migratory waterfowl in
any other State, in accordance with the laws of the other State
governing that hunting.
(c) Duration.--An electronic stamp issued by a State shall be valid
for a period agreed to by the State and the Secretary, which shall not
exceed 45 days.
SEC. 507. TERMINATION OF STATE PARTICIPATION.
The authority of a State to issue electronic stamps under this
title may be terminated--
(1) by the Secretary, if the Secretary--
(A) finds that the State has violated any of the
terms of the application of the State approved by the
Secretary under section 504; and
(B) provides to the State written notice of the
termination by not later than the date that is 30 days
before the date of termination; or
(2) by the State, by providing written notice to the
Secretary by not later than the date that is 30 days before the
termination date.
TITLE VI--ACCESS TO WATER RESOURCES DEVELOPMENT PROJECTS ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Recreational Lands Self-Defense
Act''.
SEC. 602. PROTECTING AMERICANS FROM VIOLENT CRIME.
(a) Findings.--Congress finds the following:
(1) The Second Amendment to the Constitution provides that
``the right of the people to keep and bear Arms, shall not be
infringed''.
(2) Section 327.13 of title 36, Code of Federal
Regulations, provides that, except in special circumstances,
``possession of loaded firearms, ammunition, loaded projectile
firing devices, bows and arrows, crossbows, or other weapons is
prohibited'' at water resources development projects
administered by the Secretary of the Army.
(3) The regulations described in paragraph (2) prevent
individuals complying with Federal and State laws from
exercising the second amendment rights of the individuals while
at such water resources development projects.
(4) The Federal laws should make it clear that the second
amendment rights of an individual at a water resources
development project should not be infringed.
(b) Protecting the Right of Individuals To Bear Arms at Water
Resources Development Projects.--The Secretary of the Army shall not
promulgate or enforce any regulation that prohibits an individual from
possessing a firearm including an assembled or functional firearm at a
water resources development project covered under section 327.0 of
title 36, Code of Federal Regulations (as in effect on the date of
enactment of this Act), if--
(1) the individual is not otherwise prohibited by law from
possessing the firearm; and
(2) the possession of the firearm is in compliance with the
law of the State in which the water resources development
project is located.
TITLE VII--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE
SEC. 701. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is
amended by adding at the end the following:
``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY
COMMITTEE.
``(a) Establishment.--There is hereby established the Wildlife and
Hunting Heritage Conservation Council Advisory Committee (in this
section referred to as the `Advisory Committee') to advise the
Secretaries of the Interior and Agriculture on wildlife and habitat
conservation, hunting, and recreational shooting.
``(b) Duties of the Advisory Committee.--The Advisory Committee
shall advise the Secretaries with regard to--
``(1) implementation of Executive Order No. 13443:
Facilitation of Hunting Heritage and Wildlife Conservation,
which directs Federal agencies `to facilitate the expansion and
enhancement of hunting opportunities and the management of game
species and their habitat';
``(2) policies or programs to conserve and restore
wetlands, agricultural lands, grasslands, forest, and rangeland
habitats;
``(3) policies or programs to promote opportunities and
access to hunting and shooting sports on Federal lands;
``(4) policies or programs to recruit and retain new
hunters and shooters;
``(5) policies or programs that increase public awareness
of the importance of wildlife conservation and the social and
economic benefits of recreational hunting and shooting; and
``(6) policies or programs that encourage coordination
among the public, the hunting and shooting sports community,
wildlife conservation groups, and States, tribes, and the
Federal Government.
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--The Advisory Committee shall
consist of no more than 16 discretionary members and 7
ex officio members.
``(B) Ex officio members.--The ex officio members
are--
``(i) the Director of the United States
Fish and Wildlife Service or a designated
representative of the Director;
``(ii) the Director of the Bureau of Land
Management or a designated representative of
the Director;
``(iii) the Director of the National Park
Service or a designated representative of the
Director;
``(iv) the Chief of the Forest Service or a
designated representative of the Chief;
``(v) the Chief of the Natural Resources
Conservation Service or a designated
representative of the Chief;
``(vi) the Administrator of the Farm
Service Agency or a designated representative
of the Administrator; and
``(vii) the Executive Director of the
Association of Fish and Wildlife Agencies.
``(C) Discretionary members.--The discretionary
members shall be appointed jointly by the Secretaries
from at least one of each of the following:
``(i) State fish and wildlife agencies.
``(ii) Game bird hunting organizations.
``(iii) Wildlife conservation
organizations.
``(iv) Big game hunting organizations.
``(v) Waterfowl hunting organizations.
``(vi) The tourism, outfitter, or guiding
industry.
``(vii) The firearms or ammunition
manufacturing industry.
``(viii) The hunting or shooting equipment
retail industry.
``(ix) Tribal resource management
organizations.
``(x) The agriculture industry.
``(xi) The ranching industry.
``(xii) Women's hunting and fishing
advocacy, outreach, or education organization.
``(xiii) Minority hunting and fishing
advocacy, outreach, or education organization.
``(xiv) Veterans service organization.
``(D) Eligibility.--Prior to the appointment of the
discretionary members, the Secretaries shall determine
that all individuals nominated for appointment to the
Advisory Committee, and the organization each
individual represents, actively support and promote
sustainable-use hunting, wildlife conservation, and
recreational shooting.
``(2) Terms.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Advisory Committee
shall be appointed for a term of 4 years. Members shall
not be appointed for more than 3 consecutive or
nonconsecutive terms.
``(B) Terms of initial appointees.--As designated
by the Secretary at the time of appointment, of the
members first appointed--
``(i) 6 members shall be appointed for a
term of 4 years;
``(ii) 5 members shall be appointed for a
term of 3 years; and
``(iii) 5 members shall be appointed for a
term of 2 years.
``(3) Preservation of public advisory status.--No
individual may be appointed as a discretionary member of the
Advisory Committee while serving as an officer or employee of
the Federal Government.
``(4) Vacancy and removal.--
``(A) In general.--Any vacancy on the Advisory
Committee shall be filled in the manner in which the
original appointment was made.
``(B) Removal.--Advisory Committee members shall
serve at the discretion of the Secretaries and may be
removed at any time for good cause.
``(5) Continuation of service.--Each appointed member may
continue to serve after the expiration of the term of office to
which such member was appointed until a successor has been
appointed.
``(6) Chairperson.--The Chairperson of the Advisory
Committee shall be appointed for a 3-year term by the
Secretaries, jointly, from among the members of the Advisory
Committee. An individual may not be appointed as Chairperson
for more than 2 consecutive or nonconsecutive terms.
``(7) Pay and expenses.--Members of the Advisory Committee
shall serve without pay for such service, but each member of
the Advisory Committee may be reimbursed for travel and lodging
incurred through attending meetings of the Advisory Committee
approved subgroup meetings in the same amounts and under the
same conditions as Federal employees (in accordance with
section 5703 of title 5, United States Code).
``(8) Meetings.--
``(A) In general.--The Advisory Committee shall
meet at the call of the Secretaries, the chairperson,
or a majority of the members, but not less frequently
than twice annually.
``(B) Open meetings.--Each meeting of the Advisory
Committee shall be open to the public.
``(C) Prior notice of meetings.--Timely notice of
each meeting of the Advisory Committee shall be
published in the Federal Register and be submitted to
trade publications and publications of general
circulation.
``(D) Subgroups.--The Advisory Committee may
establish such workgroups or subgroups as it deems
necessary for the purpose of compiling information or
conducting research. However, such workgroups may not
conduct business without the direction of the Advisory
Committee and must report in full to the Advisory
Committee.
``(9) Quorum.--Nine members of the Advisory Committee shall
constitute a quorum.
``(d) Expenses.--The expenses of the Advisory Committee that the
Secretaries determine to be reasonable and appropriate shall be paid by
the Secretaries.
``(e) Administrative Support, Technical Services, and Advice.--A
designated Federal Officer shall be jointly appointed by the
Secretaries to provide to the Advisory Committee the administrative
support, technical services, and advice that the Secretaries determine
to be reasonable and appropriate.
``(f) Annual Report.--
``(1) Required.--Not later than September 30 of each year,
the Advisory Committee shall submit a report to the
Secretaries, the Committee on Natural Resources and the
Committee on Agriculture of the House of Representatives, and
the Committee on Energy and Natural Resources and the Committee
on Agriculture, Nutrition, and Forestry of the Senate. If
circumstances arise in which the Advisory Committee cannot meet
the September 30 deadline in any year, the Secretaries shall
advise the Chairpersons of each such Committee of the reasons
for such delay and the date on which the submission of the
report is anticipated.
``(2) Contents.--The report required by paragraph (1) shall
describe--
``(A) the activities of the Advisory Committee
during the preceding year;
``(B) the reports and recommendations made by the
Advisory Committee to the Secretaries during the
preceding year; and
``(C) an accounting of actions taken by the
Secretaries as a result of the recommendations.
``(g) Federal Advisory Committee Act.--The Advisory Committee shall
be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
``(h) Abolishment of the Existing Wildlife and Hunting Heritage
Conservation Council Advisory Committee.--Upon publication of the first
notice required under section 8(c) of the Wildlife and Hunting Heritage
Conservation Council formed in furtherance of section 441 of the
Revised Statutes (43 U.S.C. 1457), the Fish and Wildlife Act of 1956
(16 U.S.C. 742a), and other Acts applicable to specific bureaus of the
Department of the Interior is hereby abolished.''.
TITLE VIII--RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES
ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Recreational Fishing and Hunting
Heritage and Opportunities Act''.
SEC. 802. FINDINGS.
Congress finds that--
(1) recreational fishing and hunting are important 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 environmentally
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 governments by investing volunteer time
and effort to fish and wildlife conservation;
(5) recreational anglers, hunters, and the associated
industries have generated billions of dollars of critical
funding for fish and wildlife conservation, research, and
management by providing revenues from purchases of fishing and
hunting licenses, permits, and stamps, as well as excise taxes
on fishing, hunting, and shooting equipment that have generated
billions of dollars of critical funding for fish and wildlife
conservation, research, and management;
(6) recreational shooting is also an important and
traditional activity in which millions of Americans
participate, safe recreational shooting is a valid use of
Federal public lands, including the establishment 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 participation adversely
impacts fish and wildlife conservation and funding for
important conservation efforts; and
(8) the public interest would be served, and our citizens'
fish and wildlife resources benefitted, by action to ensure
that opportunities are facilitated to engage in fishing and
hunting on Federal public land as recognized by Executive Order
No. 12962, relating to recreational fisheries, and Executive
Order No. 13443, relating to facilitation of hunting heritage
and wildlife conservation.
SEC. 803. DEFINITIONS.
In this title:
(1) Federal public land.--The term ``Federal public land''
means any land or water that is owned and managed by the Bureau
of Land Management or the Forest Service.
(2) Federal public land management officials.--The term
``Federal public land management officials'' means--
(A) the Secretary of the Interior and Director of
Bureau of Land Management regarding Bureau of Land
Management lands and waters; and
(B) the Secretary of Agriculture and Chief of the
Forest Service regarding the National Forest System.
(3) 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, collection,
trapping, or killing of wildlife;
(ii) attempt to pursue, shoot, capture,
collect, trap, or kill wildlife; or
(iii) the training of hunting dogs,
including 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).
(4) Recreational fishing.--The term ``recreational
fishing'' means the lawful--
(A) pursuit, capture, collection, or killing of
fish; or
(B) attempt to capture, collect, or kill fish.
(5) 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, handgun, or shotgun, or the use of a bow
and arrow.
SEC. 804. RECREATIONAL FISHING, HUNTING, AND SHOOTING.
(a) In General.--Subject to valid existing rights and subsection
(g), and cooperation with the respective State fish and wildlife
agency, Federal public land management officials shall exercise
authority under existing law, including provisions regarding land use
planning, to facilitate use of and access to Federal public lands,
including National Monuments, Wilderness Areas, Wilderness Study Areas,
and lands administratively classified as wilderness eligible or
suitable and primitive or semi-primitive areas, 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 necessary and reasonable
as supported by the best scientific 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 opportunities;
(2) to the extent authorized under applicable State law;
and
(3) in accordance with applicable Federal law.
(c) Planning.--
(1) Evaluation of effects on opportunities to engage in
recreational fishing, hunting, or shooting.--Federal public
land planning documents, including land resources management
plans, resource management plans, and comprehensive
conservation plans, shall include a specific evaluation of the
effects of such plans on opportunities to engage in
recreational fishing, hunting, or shooting.
(2) No major federal action.--No action taken under this
title, or under section 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 or lands managed by the United States Fish
and Wildlife Service, shall be considered 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.
(3) Other activity not considered.--Federal public land
management officials are not required to consider the existence
or availability of recreational fishing, hunting, or shooting
opportunities on adjacent or nearby public or private lands in
the planning for or determination 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
available to the public.
(d) Federal Public Lands.--
(1) Lands open.--Lands under the jurisdiction of the Bureau
of Land Management and the Forest Service, including Wilderness
Areas, Wilderness Study Areas, lands designated as wilderness
or administratively classified as wilderness eligible or
suitable and primitive or semi-primitive areas and National
Monuments, 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 supported by facts and evidence, for purposes
including resource conservation, public safety, energy or
mineral production, energy generation or transmission
infrastructure, water supply facilities, protection of other
permittees, protection of private property rights or interest,
national security, or compliance with other law.
(2) Shooting ranges.--
(A) In general.--The head of each Federal agency
shall use his or her authorities in a manner consistent
with this title and other applicable law, to--
(i) lease or permit use of lands under the
jurisdiction of the agency for shooting ranges;
and
(ii) designate specific lands under the
jurisdiction of the agency for recreational
shooting activities.
(B) Limitation on liability.--Any designation 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 and ``Within and Supplemental
to'' Wilderness Purposes.--
(1) Minimum requirements for administration.--The provision
of opportunities for hunting, fishing and recreational
shooting, and the conservation of fish and wildlife to provide
sustainable use recreational opportunities on designated
Federal wilderness areas shall constitute measures necessary to
meet the minimum requirements for the administration of the
wilderness area, provided that the provision of opportunities
for hunting, fishing, and recreational shooting under the
authority of this title shall not authorize or facilitate
commodity development, use, or extraction, motorized
recreational access, road construction or maintenance, or use
that is not otherwise allowed under the Wilderness Act (16
U.S.C. 1131 et seq.) within designated wilderness areas.
(2) Application of wilderness act.--Provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that
wilderness purposes are ``within and supplemental to'' the
purposes of the underlying Federal land unit are reaffirmed.
When seeking to carry out fish and wildlife conservation
programs and projects or provide fish and wildlife dependent
recreation opportunities on designated wilderness areas, the
head of each Federal agency shall implement these supplemental
purposes so as to facilitate, enhance, or both, but not to
impede the underlying Federal land purposes when seeking to
carry out fish and wildlife conservation programs and projects
or provide fish and wildlife dependent recreation opportunities
in designated wilderness areas, provided that the provision of
opportunities for hunting, fishing, and recreational shooting
under the authority of this title shall not authorize or
facilitate commodity development, use or extraction, motorized
recreational access, road construction or maintenance, or use
that is not otherwise allowed under the Wilderness Act (16
U.S.C. 1131 et seq.) within designated wilderness areas.
(f) Report.--Beginning on the second October 1 after the date of
the enactment of this Act and biennially on October 1 thereafter, the
head of each Federal agency who has authority to manage Federal public
land on which fishing, hunting, or recreational shooting occurs shall
submit to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural 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
(2) the reason for the closure.
(g) Closures or Significant Restrictions of 640 or More Acres.--
(1) In general.--Other than closures established or
prescribed by land planning actions referred to in subsection
(d) or emergency closures described in paragraph (3) of this
subsection, a permanent or temporary withdrawal, change of
classification, or change of management status of Federal
public land that effectively closes or significantly restricts
640 or more contiguous acres of Federal public land to access
or use for fishing or hunting or activities related to fishing,
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--
(A) publishes appropriate notice of the withdrawal
or change, respectively;
(B) demonstrates that coordination has occurred
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 of the Senate written
notice of the withdrawal or change, respectively.
(2) Aggregate or cumulative effects.--If the aggregate or
cumulative effect of separate withdrawals or changes
effectively closes or significantly restricts 1,280 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 title prohibits a
Federal land management agency from establishing or
implementing emergency closures or restrictions of the smallest
practicable area to provide for public safety, resource
conservation, national security, or other purposes authorized
by law. Such an emergency closure shall terminate after a
reasonable period of time unless converted to a permanent
closure consistent with this title.
(h) National Park Service Units Not Affected.--Except as provided
by subsection (l), nothing in this title shall affect or modify
management or use of units of the National Park System.
(i) No Priority.--Nothing in this title requires a Federal land
management 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.
(j) 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 Order Nos.
12962 and 13443.
(k) Authority of the States.--
(1) In general.--Nothing in this title shall be construed
as interfering with, diminishing, or conflicting with the
authority, jurisdiction, or responsibility of any State to
exercise primary management, control, or regulation of fish and
wildlife under State law (including regulations) on land or
water within the State, including on Federal public land.
(2) Federal licenses.--Nothing in this title shall be
construed to authorize the head of a Federal agency to require
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 requirement set forth in the Migratory
Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et
seq.).
(l) Motorized Vessels in the Ozark National Scenic Riverways.--The
Secretary of the Interior--
(1) shall manage the Ozark National Scenic Riverways to
allow the use of motorized vessels in a manner that is not more
restrictive than the use restrictions in effect on November 21,
2013; and
(2) may manage the Ozark National Scenic Riverways to allow
the use of motorized vessels in a manner that is less
restrictive than the use restrictions in effect on November 21,
2013.
SEC. 805. RESTRICTIONS ON HUNTING IN KISATCHIE NATIONAL FOREST.
(a) Hunting in Kisatchie National Forest.--Consistent with the Act
of June 4, 1897 (16 U.S.C. 551), the Secretary of Agriculture may not
restrict the use of dogs in deer hunting activities in Kisatchie
National Forest, unless such restrictions--
(1) apply to the smallest practicable portions of such
unit; and
(2) are necessary to reduce or control trespass onto land
adjacent to such unit.
(b) Prior Restrictions Void.--Any restrictions regarding the use of
dogs in deer hunting activities in Kisatchie National Forest in force
on the date of the enactment of this Act shall be void and have no
force or effect.
(c) Adjacent Landowners.--Landowners whose property abuts a unit of
the Kisatchie National Forest may petition the Secretary of Agriculture
to restrict the use of dogs in deer hunting activities that take place
on such unit which abut their property. If the Secretary of Agriculture
receives a petition from an adjacent landowner, the Secretary, after
notice and opportunity for a hearing, may impose restrictions on the
use of dogs in deer hunting--
(1) limited to those units of the Kisatchie National Forest
within 300 yards of the boundary of the petitioning landowner's
property; and
(2) consistent with subsection (a).
TITLE IX--RESPECT FOR TREATIES AND RIGHTS
SEC. 901. RESPECT FOR TREATIES AND RIGHTS.
Nothing in this Act or the amendments made by this Act shall be
construed to affect or modify any treaty or other right of any
federally recognized Indian tribe.
TITLE X--EXEMPTIONS FOR TAKING MIGRATORY BIRDS ON CERTAIN AGRICULTURAL
LAND
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Hunter and Farmer Protection
Act''.
SEC. 1002. EXEMPTIONS ON CERTAIN LAND.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended by adding at the end the following:
``(c) Exemptions on Certain Land.--
``(1) In general.--Nothing in this section prohibits the
taking of any migratory game bird, including waterfowl, coots,
and cranes, on or over land that--
``(A) contains--
``(i) a standing crop or flooded standing
crop, including an aquatic crop;
``(ii) standing, flooded, or manipulated
natural vegetation;
``(iii) flooded harvested cropland; or
``(iv) an area in a State on which seed or
grain has been scattered solely as the result
of an agricultural planting, harvesting, or
post-harvest manipulation practice, or a soil
stabilization practice, that the head of the
State office of the Cooperative Extension
System of the Department of Agriculture has
determined in accordance with paragraph (2) to
be a normal practice in that State; and
``(B) is not otherwise a baited area.
``(2) State determinations.--
``(A) In general.--The head of a State office of
the Cooperative Extension System may make a
determination for purposes of paragraph (1)(A)(iv) upon
the request of the Secretary of the Interior.
``(B) Revisions.--The head of a State office of the
Cooperative Extension System may revise a determination
under subparagraph (A) as the head of a State office
determines to be necessary to reflect changing
agricultural practices.
``(C) Concurrence required.--A determination or
revision under this paragraph shall not be effective
for purposes of this subsection unless the head of the
State department of fish and wildlife concurs
therein.''.
TITLE XI--SENSE OF CONGRESS REGARDING SNOWMOBILES ON NATIONAL FOREST
SYSTEM LANDS
SEC. 1101. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The clear identification of roads, trails, and areas
for motor vehicle use in each National Forest will improve
management of National Forest System lands and protect these
national treasures, enhance opportunities, and address access
for motorized recreation experiences on National Forest System
lands and preserve areas of opportunity in each National Forest
for non-motorized travel and experiences.
(2) The sport of snowmobiling supports thousands of jobs
across the country and provides a variety of enriching
recreational opportunities for both families and individuals.
(3) In 2005, the Forest Service promulgated a Travel
Management Rule that required travel management plans for off-
road vehicles, with the exception of snowmobiles, on all lands
managed by the Forest Service.
(4) Under the 2005 Travel Management Rule, the Department
of Agriculture deemed that the use of snowmobiles on National
Forest System lands presented a different set of management
issues and environmental impacts on National Forest System
lands than the use of other types of motor vehicles. Therefore,
the final rule exempted snowmobiles from the mandatory
designation scheme provided for under section 212.51 of title
36, Code of Federal Regulations, but retained the National
Forest System's ability to allow, restrict or prohibit
snowmobile travel, as appropriate, on a case-by-case basis.
(5) In 2013, the Ninth U.S. District Court of Idaho ruled
in the case captioned as Winter Wildlands Alliance v. US Forest
Service, Case No. 1:11-cv-00586-REB, ruled that the Forest
Service must promulgate travel management rules that include
snowmobiles. The Ninth U.S. District Court of Idaho required
that the final rule be promulgated by September 14, 2014,
barring no additional extension.
(b) Sense of Congress.--It is the sense of Congress that the Forest
Service should continue to allow snowmobiles access to National Forest
System lands at the same levels as were allowed as of March 28, 2013,
subject to closures for public health and safety at the discretion of
the respective agencies, until a final travel management rule is
promulgated for snowmobiles.
Passed the House of Representatives February 5, 2014.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 305
113th CONGRESS
2d Session
H. R. 3590
_______________________________________________________________________
AN ACT
To protect and enhance opportunities for recreational hunting, fishing,
and shooting, and for other purposes.
_______________________________________________________________________
February 10, 2014
Read the second time and placed on the calendar