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115th Congress    }                                 {   Rept. 115-707
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                 {          Part 1




  May 29, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed


Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 788]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 788) to amend the Pittman-Robertson Wildlife 
Restoration Act to facilitate the establishment of additional 
or expanded public target ranges in certain States, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 788 is to amend the Pittman-Robertson 
Wildlife Restoration Act to facilitate the establishment of 
additional or expanded public target ranges in certain States.

                  Background and Need for Legislation

    Enacted in 1937, the Pittman-Robertson Wildlife Restoration 
Act (PRWRA, 16 U.S.C. 669 et seq.) uses federal excise taxes on 
firearms ammunition and archery equipment to fund grants to 
State fish and wildlife agencies for wildlife resource projects 
and to conduct hunter education programs. These taxes are 
deposited into a Federal Aid to Wildlife Restoration Fund in 
the U.S. Treasury. The excise tax is set at 10% of the 
wholesale price for pistols and revolvers and 11% for other 
firearms (as well as shells or cartridges), and is collected by 
the manufacturer. An 11% tax on archery equipment is also 
deposited into the Fund. The tax is applied whether the 
equipment is likely to be used for hunting or not. Total 
apportionments to the States and territories were $780,031,696 
in Fiscal Year 2017 and $695,141,699 in Fiscal Year 2016.\1\
    \1\United States Fish and Wildlife Service Certificates of 
Apportionment for Fiscal Years 2016 and 2017.
    Prior to passage of PRWRA, many species of wildlife were 
driven nearly to extinction by commercial market hunting 
pressure and habitat degradation.\2\ The taxes paid by hunters 
and recreational shooters provide funds that support the 
management of wildlife populations and their habitats for both 
game and non-game animals. Preserving and enhancing this 
volunteer revenue source has enabled State agencies to provide 
additional outdoor recreational opportunities. These funds are 
also used by the States for basic hunter education programs. 
This ``user pay/public benefits'' approach aids hunters, 
recreational shooters, and all citizens through the delivery of 
on-the-ground wildlife and habitat conservation by State fish 
and wildlife agencies.
    \2\Bolen, Eric (2003). Wildlife Ecology and Management. New Jersey: 
Prentice Hall. Pp. Chapter.
    Increasing urbanization and suburbanization has made it 
more difficult for the public to participate in hunting and 
recreational shooting than when PRWRA was first enacted in 
1937. Without a steady flow of fees paid by sportsmen, PRWRA 
will fail to meet the conservation challenges of the future. 
One of the primary reasons for the decline in the number of 
hunters and recreational shooters is the growing lack of access 
to quality shooting and target ranges.
    To address the growing difficulty States have had 
recruiting and retaining hunters and recreational shooters who 
fund wildlife conservation, H.R. 788 would give States greater 
flexibility to use their PRWRA funds for the creation and 
maintenance of shooting ranges on public lands. The bill amends 
PRWRA to facilitate the construction and expansion of public 
target ranges by: (1) authorizing a State to pay up to 90% of 
the costs of acquiring land for, expanding, or constructing a 
public target range; (2) authorizing a State to elect to 
allocate 10% of a specified amount apportioned to it from the 
Federal Aid to Wildlife Restoration Fund for those costs; (3) 
increasing the federal share of those costs under PRWRA to 90%; 
and (4) requiring amounts provided for those costs under the 
PRWRA to remain available for expenditure and obligation for 
five fiscal years. H.R. 788 also instructs the U.S. Forest 
Service (USFS) and the Bureau of Land Management (BLM) to 
cooperate with State and local authorities, and other entities, 
to implement waste removal and other practices on federal land 
used as public target ranges to encourage continued use for 
target practice or marksmanship training.
    The language contained in this stand-alone legislation is 
also included in H.R. 3668, the Sportsmen's Heritage and 
Recreational Enhancement (SHARE) Act reported from the 

                            Committee Action

    H.R. 788 was introduced on February 1, 2017, by Congressman 
Duncan D. Hunter (R-CA). The bill was referred to the Committee 
on Natural Resources, and additionally to the Committee on the 
Judiciary. Within the Natural Resources Committee, the bill was 
referred to the Subcommittee on Federal Lands. On April 18, 
2018, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. 
Congresswoman Madeleine Z. Bordallo (D-GU) offered and withdrew 
amendments designated 001, 002, 003 and 004 en bloc. No further 
amendments were offered, and the bill was ordered favorably 
reported to the House of Representatives by voice vote.

            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 and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 11, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate or H.R. 788, the Target 
Practice and Marksmanship Training Support Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
                                                Keith Hall,

H.R. 788--Target Practice and Marksmanship Training Support Act

    H.R. 788 would allow states to use grants awarded under the 
Pittman-Robertson Wildlife Restoration Act to fund up to 90 
percent of the cost of building or operating public target. 
Under that act, half of all federal excise taxes collected on 
pistols, revolvers, bows, arrows, and archery accessories are 
apportioned to states as grants for hunter on programs and for 
the construction and development of target ranges. Current 
awards can be used to cover 75 percent of the programs' costs.
    The bill also would allow states to retain their shares of 
Pittman-Robertson funds for up to five years to acquire or 
construct target ranges. After five years, those funds would be 
reapportioned for other uses by the Secretary of the Interior. 
Under current law, any such funds that are not spent within two 
years are reapportioned and spent on other activities. Neither 
of those provisions would affect the total amount of funds that 
could be spent but could have a minor effect on the timing of 
when those funds are spent. On that basis, CBO estimates that 
enacting those provisions would have no significant effect on 
direct spending.
    Finally, H.R. 788 would limit the federal government's 
liability for certain incidents that occur on target ranges 
that are either constructed with Pittman-Robertson funds or 
located on federal lands. Previous federal payments resulting 
from such lawsuits have been minimal, and on that basis CBO 
estimates that enacting this provision would reduce direct 
spending by an insignificant amount over the 2019-2028 period.
    Because enacting H.R. 788 could affect direct spending, 
pay-as-you-go procedures apply. However, CBO estimates that 
those effects would be insignificant. Enacting H.R. 788 would 
not affect revenues.
    CBO estimates that enacting H.R. 788 would not 
significantly increase net direct spending or on-budget 
deficits in any of the four consecutive 10-year periods 
beginning in 2029.
    H.R. 788 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA).
    H.R. 788 would impose a private-sector mandate as defined 
in UMRA by eliminating an existing right to seek compensation 
from the federal government for damages occurring at a public 
target range supported by federal funds. The cost of the 
mandate would be the forgone value of awards and settlements in 
such claims. Information from the Department of the Interior 
indicates that few, if any, such lawsuits have been brought 
against the government. Because such claims would probably be 
uncommon, CBO estimates that the cost of the mandate would be 
small and would fall well below the annual threshold 
established in UMRA for private-sector mandates ($160 million 
in 2018, adjusted annually for inflation).
    The CBO staff contacts for this estimate are Jeff LaFave 
(for federal costs) and Zachary Byrum (for the private-sector 
mandate). The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Pittman-Robertson 
Wildlife Restoration Act to facilitate the establishment of 
additional or expanded public target ranges in certain States.

                           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.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, 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, and existing law in which no 
change is proposed is shown in roman):


           *       *       *       *       *       *       *

   As used in this Act--
          (1) the term ``conservation'' means the use of 
        methods and procedures necessary or desirable to 
        sustain healthy populations of wildlife, including all 
        activities associated with scientific resources 
        management such as research, census, monitoring of 
        populations, acquisition, improvement and management of 
        habitat, live trapping and transplantation, wildlife 
        damage management, and periodic or total protection of 
        a species or population, as well as the taking of 
        individuals within wildlife stock or population if 
        permitted by applicable State and Federal law;
          (2) the term ``public target range'' means a specific 
        location that--
                  (A) is identified by a governmental agency 
                for recreational shooting;
                  (B) is open to the public;
                  (C) may be supervised; and
                  (D) may accommodate archery or rifle, pistol, 
                or shotgun shooting;
          [(2)] (3) the term ``Secretary'' means the Secretary 
        of the Interior;
          [(3)] (4) the term ``State fish and game department'' 
        or ``State fish and wildlife department'' means any 
        department or division of department of another name, 
        or commission, or official or officials, of a State 
        empowered under its laws to exercise the functions 
        ordinarily exercised by a State fish and game 
        department or State fish and wildlife department.
          [(4)] (5) the term ``wildlife'' means any species of 
        wild, free-ranging fauna including fish, and also fauna 
        in captive breeding programs the object of which is to 
        reintroduce individuals of a depleted indigenous 
        species into previously occupied range;
          [(5)] (6) the term ``wildlife-associated recreation'' 
        means projects intended to meet the demand for outdoor 
        activities associated with wildlife including, but not 
        limited to, hunting and fishing, wildlife observation 
        and photography, such projects as construction or 
        restoration of wildlife viewing areas, observation 
        towers, blinds, platforms, land and water trails, water 
        access, field trialing, trail heads, and access for 
        such projects;
          [(6)] (7) the term ``wildlife conservation and 
        restoration program'' means a program developed by a 
        State fish and wildlife department and approved by the 
        Secretary under section 304(d), the projects that 
        constitute such a program, which may be implemented in 
        whole or part through grants and contracts by a State 
        to other State, Federal, or local agencies (including 
        those that gather, evaluate, and disseminate 
        information on wildlife and their habitats), wildlife 
        conservation organizations, and outdoor recreation and 
        conservation education entities from funds apportioned 
        under this title, and maintenance of such projects;
          [(7)] (8) the term ``wildlife conservation 
        education'' means projects, including public outreach, 
        intended to foster responsible natural resource 
        stewardship; and
          [(8)] (9) the term ``wildlife-restoration project'' 
        includes the wildlife conservation and restoration 
        program and means the selection, restoration, 
        rehabilitation, and improvement of areas of land or 
        water adaptable as feeding, resting, or breeding places 
        for wildlife, including acquisition of such areas or 
        estates or interests therein as are suitable or capable 
        of being made suitable therefor, and the construction 
        thereon or therein of such works as may be necessary to 
        make them available for such purposes and also 
        including such research into problems of wildlife 
        management as may be necessary to efficient 
        administration affecting wildlife resources, and such 
        preliminary or incidental costs and expenses as may be 
        incurred in and about such projects.

           *       *       *       *       *       *       *

  Sec. 8. (a) Maintenance of wildlife-restoration projects 
established under the provisions of this Act shall be the duty 
of the State in accordance with their respective laws. 
Beginning July 1, 1945, the term ``wildlife-restoration 
project'', as defined in section 2 of this Act, shall include 
maintenance of completed projects. Notwithstanding any other 
provisions of this Act, funds apportioned to a State under this 
Act may be expended by the State for management (exclusive of 
law enforcement and public relations) of wildlife areas and 
resources. Funds from the Wildlife Conservation and Restoration 
Account may be used for a wildlife conservation education 
program, except that no such funds may be used for education 
efforts, projects, or programs that promote or encourage 
opposition to the regulated taking of wildlife.
  [(b) Each State] (b)  Expenditures for Management of Wildlife 
Areas and Resources._
          (1) In general._Except as provided in paragraph (2), 
        each State  may use the funds apportioned to it under 
        section 4(c) to pay up to 75 per centum of the costs of 
        a hunter safety program and the [construction, 
        operation,] operation and maintenance of public target 
        ranges, as a part of such program. [The non-Federal 
          (2) Exception._Notwithstanding the limitation 
        described in paragraph (1), a State may pay up to 90 
        percent of the cost of acquiring land for, expanding, 
        or constructing a public target range. 
          (3) Non-federal share._The non-Federal share  of such 
        costs may be derived from license fees paid by hunters, 
        but not from other Federal grant programs. [The 
          (4) Regulations._The Secretary  shall issue not later 
        than the 120th day after the effective date of this 
        subsection such regulations as he deems advisable 
        relative to the criteria for the establishment of 
        hunter safety programs and public target ranges under 
        this subsection.

           *       *       *       *       *       *       *


  (a) In General.--
          (1) Grants.--Of the revenues covered into the fund, 
        $7,500,000 for each of fiscal years 2001 and 2002, and 
        $8,000,000 for fiscal year 2003 and each fiscal year 
        thereafter, shall be apportioned among the States in 
        the manner specified in section 4(c) by the Secretary 
        of the Interior and used to make grants to the States 
        to be used for--
                  (A) in the case of a State that has not used 
                all of the funds apportioned to the State under 
                section 4(c) for the fiscal year in the manner 
                described in section 8(b)--
                          (i) the enhancement of hunter 
                        education programs, hunter and sporting 
                        firearm safety programs, and hunter 
                        development programs;
                          (ii) the enhancement of interstate 
                        coordination and development of hunter 
                        education and shooting range programs;
                          (iii) the enhancement of bow hunter 
                        and archery education, safety, and 
                        development programs; and
                          (iv) the enhancement of construction 
                        or development of firearm shooting 
                        ranges and archery ranges, and the 
                        updating of safety features of firearm 
                        shooting ranges and archery ranges; and
                  (B) in the case of a State that has used all 
                of the funds apportioned to the State under 
                section 4(c) for the fiscal year in the manner 
                described in section 8(b), any use authorized 
                by this Act (including hunter safety programs 
                and the construction, operation, and 
                maintenance of public target ranges).
          (2) Limitation on use.--Under paragraph (1), a State 
        shall not be required to use more than the amount 
        described in section 8(b) for hunter safety programs 
        and the construction, operation, and maintenance of 
        public target ranges.
          (3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under 
        section 4(b), the State may elect to allocate not more 
        than 10 percent, to be combined with the amount 
        apportioned to the State under paragraph (1) for that 
        fiscal year, for acquiring land for, expanding, or 
        constructing a public target range.
  [(b) Cost Sharing.--The Federal share of the cost of any 
activity carried out with a grant under this section shall not 
exceed 75 percent of the total cost of the activity.]
  (b) Cost Sharing.--
          (1) In general.--Except as provided in paragraph (2), 
        the Federal share of the cost of any activity carried 
        out using a grant under this section shall not exceed 
        75 percent of the total cost of the activity.
          (2) Public target range construction or expansion.--
        The Federal share of the cost of acquiring land for, 
        expanding, or constructing a public target range in a 
        State on Federal or non-Federal land pursuant to this 
        section or section 8(b) shall not exceed 90 percent of 
        the cost of the activity.
  (c) Period of Availability; Reapportionment.--
          (1) Period of availability.--[Amounts made]
                  (A) In general._Except as provided in 
                subparagraph (B), amounts made  available and 
                apportioned for grants under this section shall 
                remain available only for the fiscal year for 
                which the amounts are apportioned.
                  (B) Exception.--Amounts provided for 
                acquiring land for, constructing, or expanding 
                a public target range shall remain available 
                for expenditure and obligation during the 5-
                fiscal-year period beginning on October 1 of 
                the first fiscal year for which the amounts are 
                made available.
          (2) Reapportionment.--At the end of the period of 
        availability under paragraph (1), the Secretary of the 
        Interior shall apportion amounts made available that 
        have not been used to make grants under this section 
        among the States described in subsection (a)(1)(B) for 
        use by those States in accordance with this Act.

           *       *       *       *       *       *       *