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112th Congress                                            Rept. 112-609
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

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



 
    RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES ACT

                                _______
                                

 July 19, 2012.--Committed to the Committee of the Whole House of 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. 2834]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2834) to recognize the heritage of recreational 
fishing, hunting, and shooting on Federal public lands and 
ensure continued opportunities for these activities, 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.

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

SEC. 2. FINDINGS.

  Congress finds that--
          (1) recreational fishing and hunting are 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 
        12962, relating to recreational fisheries, and Executive Order 
        13443, relating to facilitation of hunting heritage and 
        wildlife conservation.

SEC. 3. DEFINITION.

  In this Act:
          (1) Federal public land.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the term ``Federal public land'' means any land or 
                water that is--
                          (i) owned by the United States; and
                          (ii) managed by a Federal agency (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;
                          (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, 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. 4. 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 section, other than an action under subsection 
                (d)(2) or (g), 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.--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.
          (2) Use of volunteers.--If hunting is prohibited by law, all 
        Federal public land planning documents 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.
          (2) Shooting ranges.--
                  (A) In general.--The head of each Federal agency 
                shall use his or her authorities in a manner consistent 
                with this Act, and other applicable law, to--
                          (i) lease or permit use of lands of the 
                        agency for shooting ranges; and
                          (ii) designate specific lands of the agency 
                        for recreational shooting activities.
                  (B) Limitation on liability.--Any 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 phrase ``within and supplemental to'' Wilderness 
        purposes, as originally enacted in section 4(c) of Public Law 
        88-577, means that any requirements imposed by that Act shall 
        be implemented only insofar as they do not prevent Federal 
        public land management officials and State fish and wildlife 
        officials from carrying out and facilitating the original or 
        primary purposes for which the Federal public lands or Federal 
        public land unit was established. Such phrase is not intended 
        to authorize or facilitate commodity development, use, or 
        extraction, motorized recreation access, or comparable non-
        hunting, fishing and trapping activities.
  (f) Report.--Not later than October 1 of every other year, beginning 
with the second October 1 after the date of enactment of this Act, the 
head of each Federal agency who has authority to manage Federal public 
land on which fishing, hunting, or recreational shooting occurs shall 
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 or water that effectively closes or significantly 
        restricts 640 or more contiguous acres of Federal public land 
        or water to access or use for fishing or hunting or activities 
        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--
                  (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 1280 or more 
        acres of land or water, such withdrawals and changes shall be 
        treated as a single withdrawal or change for purposes of 
        paragraph (1).
          (3) Emergency closures.--Nothing in this Act prohibits a 
        Federal land management agency from establishing or 
        implementing emergency closures or restrictions of the smallest 
        practicable area to 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 Act.
  (h) Areas Not Affected.--
          (1) In general.--Nothing in this Act requires the opening of 
        national park or national monuments under the jurisdiction of 
        the National Park Service to hunting or recreational shooting.
          (2) National wildlife refuge system.--Nothing in this Act is 
        intended to amend or modify the provisions of the National 
        Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
        668dd et seq.), except as expressly provided herein.
  (i) No Priority.--Nothing in this Act requires a 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.
  (j) Consultation With Councils.--In fulfilling the duties set forth 
in this Act, the heads of Federal agencies shall consult with 
respective advisory councils as established in Executive Orders 12962 
and 13443.
  (k) Authority of the States.--
          (1) In general.--Nothing in this Act shall be construed as 
        interfering with, diminishing, or 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 Act authorizes the 
        head of a Federal agency head 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.).

                          PURPOSE OF THE BILL

    The purpose of H.R. 2834, as ordered reported, is to 
recognize the heritage of recreational fishing, hunting, and 
shooting on Federal public lands and ensure continued 
opportunities for these activities.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2834, the Recreational Fishing and Hunting Heritage 
Opportunities Act, 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. The provisions of H.R. 2834 
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 in 
land and resource planning and eliminates redundancies in 
environmental review of hunting, fishing and recreational 
shooting opportunities. The bill restates, in unambiguous 
language, Congress' 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. It also 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.
    Although Congress has spoken many times on the issue of 
hunting, fishing and shooting, sports on our multiple use 
public lands and has always come down on the side of allowing 
these sporting activities to take place under state laws, these 
activities continue to come under attack and legal challenge 
from groups that are opposed to hunting in general as well as 
from those who seek to restrict these activities in designated 
wilderness areas. By clarifying the statutory obligations of 
land managing agencies, H.R. 2834 protects and fosters fishing, 
hunting, and shooting traditions on federal public lands to 
ensure that federal land management agencies--primarily the FS 
and the BLM--exercise their land management discretion to 
facilitate access for sportsmen activities. Under the 
provisions of H.R. 2834, these activities will be considered 
authorized and approved and thereby limit the ability of anti-
hunting advocacy groups to use any ambiguity in the laws and 
force the land managing agencies to defend these activities in 
court or through the quagmire of administrative procedures, 
diverting resources that could otherwise be used for public 
recreation and wildlife conservation activities.
    The provisions of H.R. 2834 are needed to restore the legal 
status quo that prevailed for decades until a small number of 
federal court cases--primarily in San Francisco's 9th Circuit--
effectively rewrote these provisions, disregarded plain 
language enacted by Congress as well as years of established 
precedent and practice by professional federal land managers. 
Wildlife conservation, for example, is the primary mission of 
all National Wildlife Refuge units. Consistent with these 
purposes, for decades the U.S. Fish and Wildlife Service (FWS) 
and the Arizona Department of Game and Fish (AZGF) along with 
private conservationists constructed and maintained water 
``guzzlers'' in the Kofa National Wildlife Refuge in Arizona to 
enhance and maintain the bighorn sheep populations. When 
Congress designated portions of Kofa as wilderness in the 
1980s, it recognized these activities and concluded that the 
water for wildlife program on Kofa was consistent with the 
``supplemental'' purposes of wilderness as expressly set forth 
in section 4(a) of the 1964 Wilderness Act (Public Law 88-577; 
16 U.S.C. Sec. 1133(a)).
    Nevertheless, in 2007, activists sued FWS to terminate the 
water for wildlife program and remove the guzzlers on grounds 
that Kofa was a wilderness first (and no structures were to be 
permitted) and a wildlife refuge established for the 
conservation of bighorn sheep second. FWS and wildlife 
conservationists strongly disagreed. A U.S. District Court 
Judge upheld FWS and AZGF and allowed the water-for-wildlife 
program to continue. The U.S. Court of Appeals for the Ninth 
Circuit did not. H.R. 2834 merely reiterates the plain language 
of the 1964 Wilderness Act that its purposes are 
``supplemental'' to the primary purposes of the underlying 
federal land designation--in this case a wildlife refuge. This 
change, necessitated by judicial disregard of plain statutory 
language, is not a change in the Wilderness Act but restoration 
of the legal status quo that existed from 1964 until 2010.
    In certain other cases, 9th Circuit decisions also 
overruled professional agency determinations and disregarded 
long-established understandings of the ``necessity' standard 
set forth in section 4(c) of the 1964 Wilderness Act. To ensure 
that anti-fishing/anti-hunting activists may not use these 
recent court precedents to attack fishing or hunting within 
wilderness areas as not being ``necessary,'' H.R. 2834 
specifies that opportunities to fish and hunt on wilderness 
lands are in fact ``necessary.'' Nothing in this language, 
tailored to reverse inappropriate judicial activism, authorizes 
any forms of roads or mechanized vehicle access in these units. 
Nothing in the bill includes any references to allowing, 
directly or indirectly, roads or vehicles in wilderness areas. 
To ensure that this red herring is thoroughly refuted, the 
Committee intends to include a proviso specifying that nothing 
in this bill is intended to authorize or facilitate roads or 
motorized vehicle access within designated Wilderness areas.
    A similar problem with regard to the National Environmental 
Policy Act (NEPA) is also corrected in the bill. Again, H.R. 
2834 is narrowly tailored to fix a problem created by judicial 
disregard of previously enacted law. In this case, the 1997 
Refuge Improvement Act (which passed the House with one 
dissenting vote and was signed into law by President Clinton) 
provided that fishing and hunting were ``priority public uses'' 
on National Wildlife Refuge units and that FWS would facilitate 
these uses by preparing Comprehensive Conservation Plans (CCPs) 
for each Refuge. Per the Act, the environmental effects of 
fishing and hunting would be assessed and evaluated in these 
CCPs.
    Six years later animal rights activists filed suit seeking 
to close hunting on over 50 Refuges. They argued the CCPs 
weren't enough to satisfy NEPA. FWS argued that no purpose 
would be served, and finite time and money wasted, by assessing 
the ``cumulative effects,'' for example, of deer hunting on 
Georgia's Bond Swamp Refuge, woodcock hunting in the Canaan 
Valley Refuge in West Virginia, duck hunting on a North Dakota 
refuge, and moose hunting on a remote Alaska unit. None of the 
activities were in fact connected so there could be no 
cumulative effects. This fell on deaf ears in the courtroom and 
a D.C. federal court sided with the anti-hunting activists by 
ordering FWS to prepare additional cumulative effects 
assessments. FWS proceeded to spend the next three years 
wasting thousands of hours and dollars to prepare these 
unnecessary cumulative effects assessments. H.R. 2834 
reiterates the intent of the 1997 Refuge Act that the CCPs are 
sufficient to satisfy NEPA and spare FWS the time and cost of 
preparing superfluous cumulative effects analyses of these 
priority public uses. It is far better for the FWS to target 
its resources at on-the-ground conservation and management of 
the National Wildlife Refuge System.
    The conservation movement was started by American sportsmen 
a century ago and since then almost all of our most successful 
wildlife conservation programs have been associated with 
recreational hunting and fishing. Species that were once rare, 
such as wild turkeys, deer, bear and wood ducks are now 
plentiful as a result of private efforts by sportsmen and 
scientific management by state fish and game departments. H.R. 
2834 supports sound wildlife conservation and recognizes the 
conservation benefits of protecting and extending recreational 
sporting activities.

                            COMMITTEE ACTION

    H.R. 2834 was introduced on September 2, 2011, by 
Congressman Dan Benishek (R-MI). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittees on National Parks, Forests and Public Lands and 
Fisheries, Wildlife, Oceans, and Insular Affairs. The bill was 
additionally referred to the Committee on Agriculture. On 
September 9, 2011, the Subcommittee on National Parks, Forests 
and Public Lands held a hearing on the bill. On November 17, 
2011, the Full Natural Resources Committee met to consider the 
bill. The Subcommittees were discharged by unanimous consent. 
Congressman Raul Grijalva (D-AZ) offered amendment designated 
.001 to the bill; the amendment was not adopted by a bipartisan 
rollcall vote of 14 to 27, as follows:


    Congressman Grijalva offered amendment designated .002 to 
the bill; the amendment was not adopted by a bipartisan 
rollcall vote of 16 to 27, as follows:


    Congressman Rob Bishop (R-UT) offered en bloc amendment 
designated .045 to the bill. Congressman Paul Broun (R-GA) 
offered amendment designated .001 to the Bishop en bloc 
amendment; the Broun amendment was adopted by voice vote. The 
en bloc amendment offered by Congressman Bishop, as amended, 
was adopted by voice vote. The bill, as amended, was then 
adopted and ordered favorably reported to the House of 
Representatives by a bipartisan rollcall vote of 29 to 14, as 
follows:


            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. 2834--Recreational Fishing and Hunting Heritage and Opportunities 
        Act

    H.R. 2834 would require federal land management agencies to 
provide access to certain federal lands for hunting, fishing, 
and recreational shooting activities. The bill also would 
require those agencies to prepare annual reports identifying 
lands that have been closed to such activities. Based on 
information provided by the affected agencies, CBO estimates 
that implementing the legislation would have no significant 
impact on the federal budget. Enacting H.R. 2834 would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    Because the Bureau of Land Management, the Forest Service, 
and other land management agencies have the authority to allow 
hunting, fishing, and recreational shooting on lands under 
their jurisdictions, CBO expects that implementing the bill 
would not significantly affect agency operations. In addition, 
the activities necessary to complete the annual reports 
required under the bill are similar to activities performed by 
the affected agencies under current law. Therefore, we estimate 
that implementing the legislation would have no significant 
impact on the budgets of those agencies.
    H.R. 2834 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was 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, spending 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 have no significant 
impact on the federal budget.
    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 recognize 
the heritage of recreational fishing, hunting, and shooting on 
Federal public lands and ensure continued opportunities for 
these activities.

                           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.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.



                            DISSENTING VIEWS

    We fully support hunting, fishing, trapping and other 
wildlife-dependant recreational activities on public land, 
including designated wilderness. Obviously, these activities 
must be managed in order to achieve balance between the 
competing demands on our federal lands but, as far as we are 
aware, opportunities to hunt and fish on public land are 
abundant. Were proponents of this bill interested in 
legislation simply restating the value of these recreational 
activities, H.R. 2834 could be bipartisan, noncontroversial 
legislation. Unfortunately, that does not appear to be the goal 
of this measure.
    Rather, H.R. 2834 includes sweeping provisions that would 
effectively rewrite the Wilderness Act, National Environmental 
Policy Act (NEPA) and the National Wildlife Refuge System 
Administration Act. Section 4(c)(1)(B) specifies that any 
action taken under ``this section,'' or section 4 of the Refuge 
System Administration Act shall not require compliance with 
NEPA. The section is unclear but appears to waive NEPA for all 
decisions regarding amendments to land use plans or refuge 
conservation plans concerning hunting or fishing. While these 
activities are appropriate uses of public lands, they clearly 
have impacts on those lands and decisions regarding areas where 
they are allowed are significant and should be made in 
accordance with NEPA and other laws.
    While hunting and fishing are allowed in wilderness under 
current law, Section 4(e) of H.R. 2834 appears to require 
roaded access and mechanized vehicles in wilderness areas in 
furtherance of hunting and fishing. Such a change in wilderness 
policy would fundamentally rewrite the Wilderness Act and 
permanently alter the character of most wilderness areas. 
Subcommittee Ranking Member Grijalva offered amendments to 
strike both of these provisions from the bill; the Grijalva 
amendments were defeated on largely party-line votes.
    H.R. 2834 uses an issue on which there is broad agreement--
the importance of hunting and fishing on public lands--as cover 
to make harmful, backdoor changes to conservation laws. If 
enacted, H.R. 2834 would destroy the wilderness character of 
most designated wilderness areas and permanently alter wildlife 
refuge management. As a result, enactment of H.R. 2834 would 
destroy wildlife habitat, severely limiting opportunities for 
the recreational pursuits the bill claims to protect.

                                   Edward J. Markey.
                                   Rush D. Holt.
                                   Madeleine Z. Bordallo.
                                   Grace F. Napolitano.
                                   Niki Tsongas.
                                   Dale E. Kildee.
                                   Gregorio Kilili Camacho Sablan.
                                   Ben Ray Lujan.
                                   Raul M. Grijalva.