H. Rept. 112-426 - 112th Congress (2011-2012)
April 13, 2012, As Reported by the Natural Resources Committee

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House Report 112-426 - SPORTSMEN'S HERITAGE ACT OF 2012




[House Report 112-426]
[From the U.S. Government Printing Office]


112th Congress                                            Rept. 112-426
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
                    SPORTSMEN'S HERITAGE ACT OF 2012

                                _______
                                

 April 13, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

       Mr. Hastings of Washington, from the Committee on Natural
                   Resources, submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4089]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4089) to protect and enhance opportunities for 
recreational hunting, fishing and shooting, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 FISHING AND HUNTING HERITAGE AND OPPORTUNITIES

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Recreational Fishing and Hunting 
Heritage and Opportunities Act''.

SEC. 102. 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, 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 
        12962, relating to recreational fisheries, and Executive Order 
        13443, relating to facilitation of hunting heritage and 
        wildlife conservation.

SEC. 103. DEFINITION.

  In this title:
          (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 (including 
                        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, collection, 
                        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, including laws 
                applicable to the National Park System).
          (3) 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.
          (4) Recreational shooting.--The term ``recreational 
        shooting'' means any form of sport, training, competition, or 
        pastime, whether formal or informal, that involves the 
        discharge of a rifle, handgun, or shotgun, or the use of a bow 
        and arrow.

SEC. 104. RECREATIONAL FISHING, HUNTING, AND SHOOTING.

  (a) In General.--Subject to valid existing rights and subsection (g), 
and cooperation with the respective State and fish and wildlife agency, 
Federal public land management officials shall exercise their authority 
under existing law, including provisions regarding land use 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 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) Effects of plans and activities.--
                  (A) 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, 
                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 recreational fishing, 
                hunting, or shooting.
                  (B) Not 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, 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.
                  (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 determining 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 prohibited by law, all 
        Federal public land planning documents of listed in paragraph 
        (1)(A) of an agency shall, after appropriate coordination with 
        State fish and wildlife agency, allow the participation of 
        skilled volunteers in the culling and other management of 
        wildlife populations on Federal public lands unless the head of 
        the agency demonstrates, based on the best scientific data 
        available or applicable Federal statutes, why skilled 
        volunteers shall not be used to control overpopulations of 
        wildlife on the land that is the subject of the planning 
        documents.
  (d) Bureau of Land Management and Forest Service Lands.--
          (1) Lands open.--Lands under the 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 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 interests, 
        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 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.--
          (1) 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 wilderness areas on Federal public lands shall 
        constitute measures necessary to meet the minimum requirements 
        for the administration of the wilderness area.
          (2) The ``within and supplemental to'' Wilderness purposes, 
        as provided in Public Law 88-577, section 4(c), means that any 
        requirements imposed by that Act shall be implemented only 
        insofar as they facilitate or enhance the original or primary 
        purpose or purposes for which the Federal public lands or 
        Federal public land unit was established and do not materially 
        interfere with or hinder such purpose or purposes.
  (f) Annual Report.--
          (1) In general.--Not later than October 1 of each year, the 
        head of each Federal agency who has authority to manage Federal 
        public land on which fishing, hunting, or recreational shooting 
        occurs shall publish in the Federal Register and submit to the 
        Committee on Natural Resources of the House of Representatives 
        and the Committee on Energy and Natural Resources of the Senate 
        a report that describes--
                  (A) 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
                  (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 restricts 640 or more contiguous acres 
                of Federal public land or water to access or use for 
                fishing or hunting or activities related to fishing and 
                hunting (or both) shall take effect only if, before the 
                date of withdrawal or change, the head of the Federal 
                agency that has jurisdiction over the Federal public 
                land or water--
                          (i) publishes notice of the closure, 
                        withdrawal, or significant restriction;
                          (ii) demonstrates that coordination has 
                        occurred with a State fish and wildlife agency; 
                        and
                          (iii) 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, 
                        change, or significant restriction.
                  (B) Aggregate or cumulative effects.--If the 
                aggregate or cumulative effect of small closures or 
                significant restrictions affects 640 or more acres, 
                such small closures or significant restrictions shall 
                be subject to these requirements.
  (g) Areas Not Affected.--Nothing in this title requires the opening 
of national park or national monuments under the jurisdiction of the 
National Park Service to hunting 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 conflicting with the 
        authority, jurisdiction, or responsibility 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 Federal public land.
          (2) Federal licenses.--Nothing in this title authorizes the 
        head of a Federal agency head to require 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 Conservation 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 ``National 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.).
          (3) Recreational shooting.--The term ``recreational 
        shooting'' includes 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. 203. RECREATIONAL SHOOTING.

  (a) In General.--Subject to valid existing rights, National 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 statute.
          (4) To comply with a law (including regulations) 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 paragraph (2)(B), 
        before a restriction or closure under subsection (a) is made 
        effective, the Director shall--
                  (A) publish public notice of such closure or 
                restriction in a newspaper of general circulation in 
                the area where the closure or restriction will be 
                carried out; and
                  (B) submit to Congress a report detailing the 
                location and extent of, and evidence justifying, such a 
                closure or restriction.
          (2) Timing.--The Director shall issue the notice and report 
        required under paragraph (1)--
                  (A) before the closure if practicable without risking 
                national security or public safety; and
                  (B) in cases where such issuance is not practicable 
                for reasons of national security or public safety, not 
                later than 30 days after the closure.
  (c) Cessation of Closure or Restriction.--A closure or restriction 
under paragraph (1) or (2) of subsection (a) shall cease to be 
effective--
          (1) effective on the day after the last day of the six-month 
        period beginning on the date on which the Director submitted 
        the report to Congress under subsection (b)(2) regarding the 
        closure or restriction, unless the closure or restriction has 
        been approved by Federal law; and
          (2) 30 days after the date of the enactment of a Federal law 
        disapproving the closure or restriction.
  (d) Management.--Consistent with subsection (a), the Director shall 
manage National Monument land under the jurisdiction of the Bureau of 
Land Management--
          (1) in a manner that supports, promotes, and enhances 
        recreational shooting opportunities;
          (2) to the extent authorized under State law (including 
        regulations); and
          (3) in accordance with applicable Federal law (including 
        regulations).
  (e) Limitation on Duplicative Closures or Restrictions.--Unless 
supported by criteria under subsection (a) as a result of a change in 
circumstances, the Director may not issue a closure or restriction 
under subsection (a) that is substantially similar to closure or 
restriction previously issued that was not approved by Federal law.
  (f) Effective Date for Prior Closures and Restrictions.--On the date 
that is six months after the date of the enactment of this Act, this 
title shall apply to closures and restrictions in place on the date of 
the enactment of this title that relate to access and use for 
recreational shooting on National Monument land under the jurisdiction 
of the Bureau of Land Management.
  (g) Annual Report.--Not later than October 1 of each year, the 
Director 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 National Monument land under the jurisdiction of the 
        Bureau of Land Management that was closed to recreational 
        shooting or on which recreational shooting was restricted at 
        any time during the preceding year; and
          (2) the reason for the closure.
  (h) No Priority.--Nothing in this title requires the Director to give 
preference to recreational shooting over other uses of Federal public 
land or over land or water management priorities established by Federal 
law.
  (i) Authority of the States.--
          (1) Savings.--Nothing in this title affects the authority, 
        jurisdiction, or responsibility of a State to manage, control, 
        or regulate fish and wildlife under State law (including 
        regulations) on land or water in the State, including Federal 
        public land.
          (2) Federal licenses.--Nothing in this title authorizes the 
        Director to require a license for recreational shooting on land 
        or water in a State, including on Federal public land in the 
        State.

            TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS

SEC. 301. SHORT TITLE.

  This title may be cited as the ``Polar Bear Conservation and Fairness 
Act of 2012''.

SEC. 302. 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 of 2012.''.

    TITLE IV--HUNTING, FISHING, AND RECREATIONAL SHOOTING PROTECTION

SEC. 401. SHORT TITLE.

  This title may be cited as the ``Hunting, Fishing, and Recreational 
Shooting Protection Act''.

SEC. 402. 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.''.

                          Purpose of the Bill

    The purpose of H.R. 4089, as ordered reported, is to 
protect and enhance opportunities for recreational hunting, 
fishing and shooting.

                  Background and Need for Legislation

    The Sportsmen's Heritage Act of 2012 (H.R. 4089), clarifies 
federal authorities and policies for the management of hunting 
and fishing on public lands. It provides additional protections 
for continued public access to public land for the purpose of 
recreational fishing, hunting, and shooting sports on U.S. 
Forest Service (FS) and Bureau of Land Management (BLM) lands 
and allows the importation of certain trophies that were 
legally obtained. The bill also protects the use of traditional 
ammunition and fishing tackle from new Environmental Protection 
Agency (EPA) regulation. H.R. 4089 is derived from four 
separate bills that are among the hunting and fishing 
community's highest legislative priorities.
    The provisions of Title I of H.R. 4089 require federal land 
managers to support and facilitate public use and access for 
hunting, fishing and recreational shooting and create an ``open 
until closed'' management regime for these activities on FS and 
BLM land, but does not give these uses priority over other 
multiple uses. It requires an evaluation of the impact on 
hunting, fishing and recreational shooting into all land and 
resource planning and eliminates redundancies in environmental 
review of hunting, fishing and recreational shooting 
opportunities. The bill restates, in unambiguous language, 
Congress's consistent position that BLM and FS lands designated 
as wilderness, wilderness eligible, or suitable and primitive 
or semi-primitive areas, are open to all legal forms of 
hunting, fishing and recreational shooting unless there are 
good reasons to close such areas. The bill further forecloses 
opportunities for continued nuisance lawsuits by classifying 
hunting, fishing and recreational shooting as ``necessary'' to 
meet the minimum requirements for the administration of 
wilderness. Title I of the bill is derived from H.R. 2834, the 
Recreational Fishing and Hunting Heritage and Opportunities 
Act, sponsored by Dan Benishek (R-MI).
    Title II of H. R. 4089 sets as a general policy for BLM 
that national monument lands are open and accessible for 
recreational shooting, and requires BLM to justify recreational 
shooting closures or restrictions on national monument lands 
for reasons of national security, public safety or to comply 
with federal and state laws or regulations. It requires public 
notice of such closures or restrictions and a report to 
Congress detailing the location and evidence justifying the 
closure or restriction before any such restriction or closure 
occurs. Title II is the text of H.R. 3440, the Recreational 
Shooting Protection Act, sponsored by Jeff Flake (R-AZ).
    Title III of the bill consists of the text of H.R. 991, the 
Polar Bear Conservation and Fairness Act of 2011, sponsored by 
Don Young (R-AK). For additional information about this bill, 
please see House Report 112-308.
    Finally, Title IV of the bill also protects the use of 
traditional ammunition and fishing tackle by reiterating and 
clarifying existing law to clearly limit EPA's authority under 
the Toxic Substances Control Act (TSCA). It amends the TSCA to 
allow for the sale of traditional ammunition and fishing tackle 
that is subject to federal excise tax. Title IV of the bill is 
the text of H.R. 1558, sponsored by Congressman Jeff Miller (R-
FL).

                            Committee Action

    H.R. 4089 was introduced on February 27, 2012, by 
Congressman Jeff Miller (R-FL). The bill was referred to the 
Committee on Natural Resources, and in addition to the 
Committee on Agriculture and the Committee on Energy and 
Commerce. On September 9, 2011, the Subcommittee on National 
Parks, Forests and Public Lands held a hearing on H.R. 2834, 
the Recreational Fishing and Hunting Heritage and Opportunities 
Act, sponsored by Dan Benishek (R-MI), which is Title I of H.R. 
4089. On January 24, 2012, the Subcommittee on National Parks, 
Forests and Public Lands held a hearing on H.R. 3440, the 
Recreational Shooting Protection Act, sponsored by Jeff Flake 
(R-AZ), which is Title II of H.R. 4089. On May 12, 2011, the 
Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs 
held a hearing on H.R. 991, the Polar Bear Conservation and 
Fairness Act of 2011, sponsored by Don Young (R-AK), which is 
Title III of H.R. 4089. Title IV of the bill is the text of 
H.R. 1558, sponsored by Congressman Jeff Miller. On February 
29, 2012, the Full Natural Resources Committee met to consider 
the bill. Congressman Rob Bishop (R-UT) offered amendment 
designated #1 to the bill; the amendment was approved by voice 
vote. Congressman Raul Grijalva (D-AZ) offered amendment 
designated .052 to the bill; the amendment was not adopted by a 
bipartisan roll call vote of 17 to 24, as follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

    Congressman Raul Grijalva (D-AZ) offered amendment 
designated .053 to the bill; the amendment was not adopted by a 
bipartisan roll call vote of 16 to 26, as follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

    The bill, as amended, was then adopted and ordered 
favorably reported to the House of Representatives by a 
bipartisan roll call vote of 27 to 16, as follows:
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

                      Section-by-Section Analysis


Title I. Recreational Fishing and Hunting Heritage and Opportunities 
        Act.

    Title I is derived from the Recreational Fishing and 
Hunting Heritage Opportunities Act (H.R. 2834). It requires 
federal land managers to support and facilitate use and access 
for hunting, fishing and recreational shooting and creates an 
``open until closed'' management regime for these activities, 
but does not give these uses priority over other multiple uses 
on Forest Service and Bureau of Land Management (BLM) land. It 
requires an evaluation of the impact on hunting, fishing and 
recreational shooting in all land and resource planning and 
eliminates redundancies in environmental review of hunting, 
fishing and recreational shooting opportunities. It protects 
hunting rights in Wilderness areas from nuisance by finding 
recreational shooting as ``necessary'' to meet the minimum 
requirements for the administration of wilderness. In doing so, 
however, it does not open wilderness areas to motorized travel 
or commercial extractive industry.

Title II. Recreational Shooting Protection Act.

    Title II is derived from the Recreational Shooting 
Protection Act (H.R. 3440). It ensures that National Monument 
land under the jurisdiction of the Bureau of Land Management 
(BLM) will remain open to access and use for recreational 
shooting (consistent with State law) and any closures or 
restrictions that are deemed necessary must be supported by 
facts and evidence for reasons of national security, public 
safety or to comply with an applicable federal statute. 
Furthermore, before any restriction or closure occurs, BLM must 
publish public notice of such closure or restriction in the 
local newspaper and submit a report to Congress detailing the 
location and evidence justifying the closure or restriction. If 
a closure or restriction is issued by BLM, it will require 
Congressional approval or cease to be effective six months 
after the report to Congress or 30 days following a resolution 
of disapproval. BLM would also be prohibited from issuing a 
closure or restriction that is substantially similar to one 
previously issued that was not approved by federal law.

Title III. Polar Bear Conservation and Fairness Act of 2012.

    Title III is derived from the Polar Bear Conservation and 
Fairness Act of 2011 (H.R. 991) that amends the Marine Mammal 
Protection Act of 1972 to direct the Secretary of the Interior 
to issue a permit for the importation of polar bear parts taken 
in a sport hunt in Canada, if legally done before: (1) February 
18, 1997; or (2) May 15, 2008, from a bear population from 
which a sport-hunted trophy could be imported before such date. 
For additional information, see House Report 112-308.

Title IV. Hunting, Fishing, and Recreational Shooting Protection Act.

    Title IV is derived from the Hunting, Fishing, and 
Recreational Shooting Protection Act (H.R. 1558) that amends 
the Toxic Substances Control Act (TSCA) to exclude from the 
definition of ``chemical substance'' for purposes of such Act: 
(1) any component of any pistol, revolver, firearm, shell, or 
cartridge the sale of which is subject to federal excise tax, 
including shot, bullets and other projectiles, propellants, and 
primers; and (2) any sport fishing equipment or components the 
sale of which is subject to federal excise tax on sport fishing 
equipment.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance with House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 4089--Sportsmen's Heritage Act of 2012

    Summary: H.R. 4089 would require federal land management 
agencies to provide access to certain federal lands for 
hunting, fishing, and recreational shooting. The bill also 
would allow hunters to import certain polar bear remains. Based 
on information provided by the affected agencies, CBO estimates 
that implementing the legislation would cost $12 million over 
the 2013-2016 period, assuming appropriation of the necessary 
amounts. Enacting H.R. 4089 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4089 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).


----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                                                           2013-
                                                                   2013    2014    2015    2016    2017    2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...................................       4       4       4       0       0      12
Estimated Outlays...............................................       3       4       4       1       0      12
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
4089 will be enacted in 2012, that the necessary funds will be 
provided for each fiscal year, and that spending will follow 
historical patterns for similar activities of the Bureau of 
Land Management (BLM).
    Title II would require BLM to allow recreational shooting 
on lands included in national monuments in eight western 
states. Based on information provided by the agency regarding 
the cost of amending land use plans and environmental analyses 
for the affected areas, CBO estimates that implementing title 
II would cost $12 million over the 2013-2017 period, assuming 
appropriation of the necessary amounts.
    Title I would direct BLM, the Forest Service, and other 
land management agencies to use existing authorities to make 
certain federal lands available for activities such as hunting, 
fishing, and recreational shooting. Because those activities 
are allowed on most federal lands under current law and because 
the bill would limit the amount of environmental and land use 
planning that would be required if new areas were opened to 
those activities, CBO estimates that implementing title I would 
have no significant impact on the budgets of the affected 
agencies.
    Title III would require the Secretary of the Interior to 
issue permits to hunters seeking to import polar bear remains 
from Canada that were acquired during hunts that took place 
prior to the polar bear being listed as a threatened species 
under the Endangered Species Act (ESA). Only hunters who 
submitted applications for permits to import such remains prior 
to May 15, 2008, the date the polar bear was listed under ESA, 
would be eligible to receive a permit under the bill. Based on 
information from the U.S. Fish and Wildlife Service, CBO 
estimates that processing and issuing the roughly 40 permits 
that would be affected by the legislation would have a 
negligible impact on the federal budget.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4089 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimates: On December 13, 2011, CBO 
transmitted a cost estimate for H.R. 2834, the Recreational 
Fishing and Hunting Heritage and Opportunities Act, as ordered 
reported by the House Committee on Natural Resources on 
November 17, 2011. Title I of H.R. 4089 contains provisions 
similar to those in H.R. 2834, and the CBO cost estimates for 
those provisions are the same.
    On November 1, 2011, CBO transmitted a cost estimate for 
H.R. 991, the Polar Bear Conservation and Fairness Act of 2011, 
as ordered reported by the House Committee on Natural Resources 
on October 5, 2011. Title III of H.R. 4089 contains provisions 
similar to those in H.R. 991, and the CBO cost estimates for 
those provisions are the same.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. Based on information provided by 
the affected agencies, CBO estimates that implementing the 
legislation would cost $12 million over the 2013-2016 period, 
assuming appropriation of the necessary amounts. Enacting H.R. 
4089 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to protect and 
enhance opportunities for recreational hunting, fishing and 
shooting.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates as defined under 
Public Law 104-4.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any local or tribal 
law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

MARINE MAMMAL PROTECTION ACT OF 1972

           *       *       *       *       *       *       *



TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

           *       *       *       *       *       *       *



                                PERMITS

  Sec. 104. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *

           *       *       *       *       *       *       *

    (5)(A) * * *

           *       *       *       *       *       *       *

  [(D) 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 polar bear parts 
(other than internal organs) from polar bears taken in sport 
hunts in Canada before the date of enactment of the Marine 
Mammal Protection Act Amendments of 1994, to each applicant who 
submits, with the permit application, proof that the polar bear 
was legally harvested in Canada by the applicant. The Secretary 
shall issue such permits without regard to the provisions of 
subparagraphs (A) and (C)(ii) of this paragraph, subsection 
(d)(3) of this section, and sections 101 and 102. This 
subparagraph shall not apply to polar bear parts that were 
imported before the effective date of this subparagraph.]
    (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 of 2012.

           *       *       *       *       *       *       *

                              ----------                              


                      TOXIC SUBSTANCES CONTROL ACT

TITLE I--CONTROL OF TOXIC SUBSTANCES

           *       *       *       *       *       *       *


SEC. 3. DEFINITIONS.

  As used in this Act:
  (1) * * *
  (2)(A) * * *
  (B) Such term does not include--
          (i) * * *

           *       *       *       *       *       *       *

          (v) any article the sale of which is subject to the 
        tax imposed by section 4181 of the Internal Revenue 
        Code of 1954 (determined without regard to any 
        exemptions from such tax provided by section 4182 or 
        4221 or any other provision of such Code)[, and], or 
        any component of any such article including, without 
        limitation, shot, bullets and other projectiles, 
        propellants, and primers,
          (vi) any food, food additive, drug, cosmetic, or 
        device (as such terms are defined in section 201 of the 
        Federal Food, Drug, and Cosmetic Act) when 
        manufactured, processed, or distributed in commerce for 
        use as a food, food additive, drug, cosmetic, or 
        device[.], and
          (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.
The term ``food'' as used in clause (vi) of this subparagraph 
includes poultry and poultry products (as defined in sections 
4(e) and 4(f) of the Poultry Products Inspection Act), meat and 
meat food products (as defined in section 1(j) of the Federal 
Meat Inspection Act), and eggs and egg products (as defined in 
section 4 of the Egg Products Inspection Act).

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 4089 is a solution in search of a problem. A majority 
of federal lands are available for hunting and fishing 
activities. There is broad agreement that hunting, fishing, 
trapping, and other wildlife-dependent activities have always 
taken place on our federal lands and should continue to take 
place on our federal lands. The number of visitors to public 
lands who engage in hunting, fishing, and other wildlife-
dependent activities remain constant and quite high.
    The Fish and Wildlife Service administers the National 
Wildlife Refuge System, consisting of 553 refuges and 38 
wetland areas together comprising over 150 million acres of 
federal land. Approximately 375 refuges have hunting programs 
with slightly fewer having fishing programs. The National Park 
Service provides similar opportunities for hunting and fishing 
for the 84 million acres they manage. Roughly 70 percent of NPS 
lands are available for hunting. The Bureau of Land Management 
(BLM) is responsible for 245 million acres of land with over 95 
percent open to hunting and 98 percent open for recreational 
shooting.
    The legislation before us is a puzzling combination of 
stand-alone bills packaged to purportedly represent the 
interest of sportsmen and women. Instead of broadening support 
and building consensus, the combination of these bills is more 
controversial than the sum of the parts.
    Title I of the legislation is focused on hunting and 
fishing access on federal lands. The standalone legislation, 
H.R. 2834, was opposed by the Administration and considered 
highly controversial when brought before the Committee. We 
fully support hunting, fishing, trapping and other wildlife-
dependant recreational activities on public lands, including in 
designated wilderness. Instead of restating the value of 
recreational activities on public lands, Title I includes 
sweeping provision that would effectively rewrite the 
Wilderness Act, National Environmental Policy Act (NEPA), and 
the National Wildlife Refuge System Administration Act. 
Subcommittee Ranking Member Grijalva offered amendments to 
strike these provisions from the bill but was defeated on 
largely party-line votes.
    Title II of the legislation creates a cumbersome and 
beltway driven process that ties the hands of local land 
managers to manage our national monuments and protect health 
and safety. Despite having more than 98% of lands open for 
recreational shooting, Title II would only allow the Director 
of the BLM to make 6 month closures of monument lands to 
shooting for any reason.
    Any long-term closure would require an Act of Congress. 
Again, the Administration testified in opposition to the stand 
alone legislation (H.R. 3440) and Democrats raised strong 
objections during subcommittee consideration.
    Title III of the bill overrides important laws related to 
importation of endangered wildlife by allowing a select group 
of hunters to import polar bears that were hunted just prior to 
be listed as endangered species. The stand-alone bill, H.R. 991 
has been before the Committee a number of times and has always 
been considered controversial. There are 41 hunters who had 
killed a polar bear and had pending importation permit 
applications when the polar bear became listed. These hunters 
were warned by extensive outreach by the Fish and Wildlife 
Service that a prohibition would be placed on polar bear trophy 
imports if a listing occurred. Hunters also gave warnings to 
each other. The Hunting Report, with over 5000 subscribers, 
told its readers in 2007, ``The bottom line is, no American 
hunter should be putting hard, non-returnable money down on a 
polar bear hunt at this point.'' These provisions would change 
the laws of the nation to provide special treatment to forty-
one individuals. It creates an incentive for other trophy 
hunters to ask Congress for exemptions for their own hunts on 
marine mammals, which are listed or proposed for listing. 
Congressman Young has introduced this bill three times since 
the polar bear was placed on the Endangered Species list in May 
of 2008.
    Title IV of the bill amends the Toxic Substances Control 
Act (TSCA), a law enacted in 1976 to provide the Environmental 
Protection Agency (EPA) with the authority to require 
reporting, testing, and restrictions related to the use of 
chemical substances or mixtures of chemical substances. In 
recognition of the regulatory authority that existed under 
other statutes and/or Federal agencies, Congress exempted some 
potentially toxic substances from TSCA. Examples of such 
exemptions include special nuclear material (used to construct 
nuclear weapons and regulated by the Department of Energy and 
the Nuclear Regulatory Commission) food and drugs (related by 
the Food and Drug Administration and the Department of 
Agriculture) and pesticides (regulated by EPA under a different 
statute).
    H.R. 4089 adds ``shot, bullets and other projectiles, 
propellants, and primers'' and ``any sport fishing equipment . 
. . and sport fishing equipment components'' to the list of 
items that are exempted from TSCA. The exemptions in existing 
law were predicated on the fact that these substances were 
already being regulated under different statutory authority or 
by a different Federal agency. The exemptions contemplated in 
H.R. 4089 appear to be predicated on the Majority's belief that 
these items should not be regulated by anyone at all, no matter 
how toxic the substances from which they are made may be. No 
official from the EPA was invited to testify on Title IV of 
H.R. 4089.
    True threats to access for hunters and anglers are the 
privatization of these public resources, degraded habitat due 
to lack of funding, and development that disrupts wildlife 
habitat and water quality. The Majority frequently laments that 
federal lands dominate the West, ``robbing'' local communities 
of a tax base. They have proposed turning some lands over to 
the states, liquidating others, and intensively developing what 
is left. Even widely supported programs embraced by hunters, 
trappers, and anglers, like the Land and Water Conservation 
Fund, are targets of their anti-federal efforts.
    Hunting and fishing are enormously popular activities on 
federal lands and support a multimillion dollar industry, 
employing tens of thousands of people in outfitting, guiding, 
and equipment manufacturing. Instead of embracing this engine 
of economic prosperity, the Majority is legislating on 
anecdotes and rumors, rewriting existing laws based on one 
story from here or one allegation from there. Legislation based 
on anecdotes rather than facts can have disastrous, unintended 
consequences.
    Promoting more hunting and fishing activities on federal 
land involves ensuring that habitat is protected, acquiring new 
lands to expand existing habitat, funding wildlife and habitat 
management, and continuing to ensure that our parks, forests, 
monuments, and wildlife areas remain public.
    Instead of pursuing an agenda that would advance those 
objectives, this Majority has approved this legislation, which 
consists of a series of confusing management mandates that 
collectively undermine federal land manager's ability to ensure 
access for today's sportsmen and habitat for tomorrow. It uses 
an issue on which there is broad agreement--the importance of 
hunting and fishing on public lands--as a cover to make 
harmful, backdoor changes to conservation laws. As a result, 
enactment of H.R. 4089 would destroy wildlife habitat, limit 
opportunities for the recreational pursuits the bill claims to 
protect, and creates a dangerous precedent allowing for the 
importation of trophies of endangered wildlife.

                                   Edward J. Markey,
                                           Ranking Member.
                                   Raul M. Grijalva.
                                   Niki Tsongas.
                                   Grace F. Napolitano.
                                   Dale Kildee.
                                   Madeleine Z. Bordallo.
                                   Gregorio Kilili Camacho Sablan.
                                   Paul S. Tonko.
                                   Rush Holt.
                                   <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>