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I 113TH CONGRESS 1ST SESSION H. R. 3590 To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 21, 2013 Mr. LATTA (for himself, Mr. THOMPSON of Mississippi, Mr. WITTMAN, and Mr. WALZ) introduced the following bill; which was referred to the Com- mittee on Natural Resources, and in addition to the Committees on Agri- culture, the Judiciary, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sportsmen’s Heritage 4 And Recreational Enhancement Act of 2013’’ or the 5 ‘‘SHARE Act of 2013’’. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents for this Act is as follows: 8 VerDate Mar 15 2010 02:58 Nov 26, 2013 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3590.IH H3590 tjames on DSK6SPTVN1PROD with BILLS

TH ST CONGRESS SESSION H. R. 3590 · I 113TH CONGRESS 1ST SESSION H. R. 3590 To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes

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Page 1: TH ST CONGRESS SESSION H. R. 3590 · I 113TH CONGRESS 1ST SESSION H. R. 3590 To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes

I

113TH CONGRESS 1ST SESSION H. R. 3590

To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 21, 2013 Mr. LATTA (for himself, Mr. THOMPSON of Mississippi, Mr. WITTMAN, and

Mr. WALZ) introduced the following bill; which was referred to the Com-mittee on Natural Resources, and in addition to the Committees on Agri-culture, the Judiciary, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speak-er, in each case for consideration of such provisions as fall within the ju-risdiction of the committee concerned

A BILL To protect and enhance opportunities for recreational hunting, fishing, and shooting, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Sportsmen’s Heritage 4

And Recreational Enhancement Act of 2013’’ or the 5

‘‘SHARE Act of 2013’’. 6

SEC. 2. TABLE OF CONTENTS. 7

The table of contents for this Act is as follows: 8

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Sec. 1. Short title. Sec. 2. Table of contents.

TITLE I—HUNTING, FISHING AND RECREATIONAL SHOOTING PROTECTION ACT

Sec. 101. Short title. Sec. 102. Modification of definition.

TITLE II—TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT

Sec. 201. Short title. Sec. 202. Findings; purpose. Sec. 203. Definition of public target range. Sec. 204. Amendments to Pittman-Robertson Wildlife Restoration Act. Sec. 205. Limits on liability. Sec. 206. Sense of Congress regarding cooperation.

TITLE III—PUBLIC LANDS FILMING

Sec. 301. Purpose. Sec. 302. Annual permit and fee for film crews of 5 persons or fewer.

TITLE IV—POLAR BEAR CONSERVATION AND FAIRNESS ACT

Sec. 401. Short title. Sec. 402. Permits for importation of polar bear trophies taken in sport hunts

in Canada.

TITLE V—PERMANENT ELECTRONIC DUCK STAMP ACT

Sec. 501. Short title. Sec. 502. Definitions. Sec. 503. Authority to issue electronic duck stamps. Sec. 504. State application. Sec. 505. State obligations and authorities. Sec. 506. Electronic stamp requirements; recognition of electronic stamp. Sec. 507. Termination of State participation.

TITLE VI—ACCESS TO WATER RESOURCES DEVELOPMENT PROJECTS ACT

Sec. 601. Short title. Sec. 602. Protecting Americans from violent crime.

TITLE VII—WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY COMMITTEE

Sec. 701. Wildlife and Hunting Heritage Conservation Council Advisory Com-mittee.

TITLE VIII—RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES ACT

Sec. 801. Short title. Sec. 802. Findings. Sec. 803. Definitions. Sec. 804. Recreational fishing, hunting, and shooting.

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TITLE I—HUNTING, FISHING 1

AND RECREATIONAL SHOOT-2

ING PROTECTION ACT 3

SEC. 101. SHORT TITLE. 4

This title may be cited as the ‘‘Hunting, Fishing, and 5

Recreational Shooting Protection Act’’. 6

SEC. 102. MODIFICATION OF DEFINITION. 7

Section 3(2)(B) of the Toxic Substances Control Act 8

(15 U.S.C. 2602(2)(B)) is amended— 9

(1) in clause (v), by striking ‘‘, and’’ and insert-10

ing ‘‘, or any component of any such article includ-11

ing, without limitation, shot, bullets and other pro-12

jectiles, propellants, and primers,’’; 13

(2) in clause (vi) by striking the period at the 14

end and inserting ‘‘, and’’; and 15

(3) by inserting after clause (vi) the following: 16

‘‘(vii) any sport fishing equipment (as such 17

term is defined in subsection (a) of section 4162 of 18

the Internal Revenue Code of 1986) the sale of 19

which is subject to the tax imposed by section 20

4161(a) of such Code (determined without regard to 21

any exemptions from such tax as provided by section 22

4162 or 4221 or any other provision of such Code), 23

and sport fishing equipment components.’’. 24

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TITLE II—TARGET PRACTICE 1

AND MARKSMANSHIP TRAIN-2

ING SUPPORT ACT 3

SEC. 201. SHORT TITLE. 4

This title may be cited as the ‘‘Target Practice and 5

Marksmanship Training Support Act’’. 6

SEC. 202. FINDINGS; PURPOSE. 7

(a) FINDINGS.—Congress finds that— 8

(1) the use of firearms and archery equipment 9

for target practice and marksmanship training ac-10

tivities on Federal land is allowed, except to the ex-11

tent specific portions of that land have been closed 12

to those activities; 13

(2) in recent years preceding the date of enact-14

ment of this Act, portions of Federal land have been 15

closed to target practice and marksmanship training 16

for many reasons; 17

(3) the availability of public target ranges on 18

non-Federal land has been declining for a variety of 19

reasons, including continued population growth and 20

development near former ranges; 21

(4) providing opportunities for target practice 22

and marksmanship training at public target ranges 23

on Federal and non-Federal land can help— 24

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(A) to promote enjoyment of shooting, rec-1

reational, and hunting activities; and 2

(B) to ensure safe and convenient locations 3

for those activities; 4

(5) Federal law in effect on the date of enact-5

ment of this Act, including the Pittman-Robertson 6

Wildlife Restoration Act (16 U.S.C. 669 et seq.), 7

provides Federal support for construction and ex-8

pansion of public target ranges by making available 9

to States amounts that may be used for construc-10

tion, operation, and maintenance of public target 11

ranges; and 12

(6) it is in the public interest to provide in-13

creased Federal support to facilitate the construction 14

or expansion of public target ranges. 15

(b) PURPOSE.—The purpose of this title is to facili-16

tate the construction and expansion of public target 17

ranges, including ranges on Federal land managed by the 18

Forest Service and the Bureau of Land Management. 19

SEC. 203. DEFINITION OF PUBLIC TARGET RANGE. 20

In this title, the term ‘‘public target range’’ means 21

a specific location that— 22

(1) is identified by a governmental agency for 23

recreational shooting; 24

(2) is open to the public; 25

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(3) may be supervised; and 1

(4) may accommodate archery or rifle, pistol, or 2

shotgun shooting. 3

SEC. 204. AMENDMENTS TO PITTMAN-ROBERTSON WILD-4

LIFE RESTORATION ACT. 5

(a) DEFINITIONS.—Section 2 of the Pittman-Robert-6

son Wildlife Restoration Act (16 U.S.C. 669a) is amend-7

ed— 8

(1) by redesignating paragraphs (2) through 9

(8) as paragraphs (3) through (9), respectively; and 10

(2) by inserting after paragraph (1) the fol-11

lowing: 12

‘‘(2) the term ‘public target range’ means a 13

specific location that— 14

‘‘(A) is identified by a governmental agen-15

cy for recreational shooting; 16

‘‘(B) is open to the public; 17

‘‘(C) may be supervised; and 18

‘‘(D) may accommodate archery or rifle, 19

pistol, or shotgun shooting;’’. 20

(b) EXPENDITURES FOR MANAGEMENT OF WILD-21

LIFE AREAS AND RESOURCES.—Section 8(b) of the Pitt-22

man-Robertson Wildlife Restoration Act (16 U.S.C. 23

669g(b)) is amended— 24

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(1) by striking ‘‘(b) Each State’’ and inserting 1

the following: 2

‘‘(b) EXPENDITURES FOR MANAGEMENT OF WILD-3

LIFE AREAS AND RESOURCES.— 4

‘‘(1) IN GENERAL.—Except as provided in para-5

graph (2), each State’’; 6

(2) in paragraph (1) (as so designated), by 7

striking ‘‘construction, operation,’’ and inserting 8

‘‘operation’’; 9

(3) in the second sentence, by striking ‘‘The 10

non-Federal share’’ and inserting the following: 11

‘‘(3) NON-FEDERAL SHARE.—The non-Federal 12

share’’; 13

(4) in the third sentence, by striking ‘‘The Sec-14

retary’’ and inserting the following: 15

‘‘(4) REGULATIONS.—The Secretary’’; and 16

(5) by inserting after paragraph (1) (as des-17

ignated by paragraph (1) of this subsection) the fol-18

lowing: 19

‘‘(2) EXCEPTION.—Notwithstanding the limita-20

tion described in paragraph (1), a State may pay up 21

to 90 percent of the cost of acquiring land for, ex-22

panding, or constructing a public target range.’’. 23

(c) FIREARM AND BOW HUNTER EDUCATION AND 24

SAFETY PROGRAM GRANTS.—Section 10 of the Pittman- 25

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Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) 1

is amended— 2

(1) in subsection (a), by adding at the end the 3

following: 4

‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— 5

Of the amount apportioned to a State for any fiscal 6

year under section 4(b), the State may elect to allo-7

cate not more than 10 percent, to be combined with 8

the amount apportioned to the State under para-9

graph (1) for that fiscal year, for acquiring land for, 10

expanding, or constructing a public target range.’’; 11

(2) by striking subsection (b) and inserting the 12

following: 13

‘‘(b) COST SHARING.— 14

‘‘(1) IN GENERAL.—Except as provided in para-15

graph (2), the Federal share of the cost of any activ-16

ity carried out using a grant under this section shall 17

not exceed 75 percent of the total cost of the activ-18

ity. 19

‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR 20

EXPANSION.—The Federal share of the cost of ac-21

quiring land for, expanding, or constructing a public 22

target range in a State on Federal or non-Federal 23

land pursuant to this section or section 8(b) shall 24

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not exceed 90 percent of the cost of the activity.’’; 1

and 2

(3) in subsection (c)(1)— 3

(A) by striking ‘‘Amounts made’’ and in-4

serting the following: 5

‘‘(A) IN GENERAL.—Except as provided in 6

subparagraph (B), amounts made’’; and 7

(B) by adding at the end the following: 8

‘‘(B) EXCEPTION.—Amounts provided for 9

acquiring land for, constructing, or expanding a 10

public target range shall remain available for 11

expenditure and obligation during the 5-fiscal- 12

year period beginning on October 1 of the first 13

fiscal year for which the amounts are made 14

available.’’. 15

SEC. 205. LIMITS ON LIABILITY. 16

(a) DISCRETIONARY FUNCTION.—For purposes of 17

chapter 171 of title 28, United States Code (commonly 18

referred to as the ‘‘Federal Tort Claims Act’’), any action 19

by an agent or employee of the United States to manage 20

or allow the use of Federal land for purposes of target 21

practice or marksmanship training by a member of the 22

public shall be considered to be the exercise or perform-23

ance of a discretionary function. 24

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(b) CIVIL ACTION OR CLAIMS.—Except to the extent 1

provided in chapter 171 of title 28, United States Code, 2

the United States shall not be subject to any civil action 3

or claim for money damages for any injury to or loss of 4

property, personal injury, or death caused by an activity 5

occurring at a public target range that is— 6

(1) funded in whole or in part by the Federal 7

Government pursuant to the Pittman-Robertson 8

Wildlife Restoration Act (16 U.S.C. 669 et seq.); or 9

(2) located on Federal land. 10

SEC. 206. SENSE OF CONGRESS REGARDING COOPERATION. 11

It is the sense of Congress that, consistent with appli-12

cable laws and regulations, the Chief of the Forest Service 13

and the Director of the Bureau of Land Management 14

should cooperate with State and local authorities and 15

other entities to carry out waste removal and other activi-16

ties on any Federal land used as a public target range 17

to encourage continued use of that land for target practice 18

or marksmanship training. 19

TITLE III—PUBLIC LANDS 20

FILMING 21

SEC. 301. PURPOSE. 22

The purpose of this title is to provide commercial film 23

crews of 5 persons or fewer access to film in areas des-24

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ignated for public use during public hours on Federal 1

lands and waterways. 2

SEC. 302. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 3

5 PERSONS OR FEWER. 4

(a) IN GENERAL.—Section (1)(a) of Public Law 106– 5

206 (16 U.S.C. 460l–6d) is amended by— 6

(1) redesignating paragraphs (1), (2), and (3) 7

as subparagraphs (A), (B), and (C), respectively; 8

(2) striking ‘‘The Secretary of the Interior’’ and 9

inserting ‘‘(1) IN GENERAL.—Except as provided by 10

paragraph (3), the Secretary of the Interior’’; 11

(3) inserting ‘‘(2) OTHER CONSIDERATIONS.—’’ 12

before ‘‘The Secretary may include other factors’’; 13

and 14

(4) adding at the end the following new para-15

graph: 16

‘‘(3) SPECIAL RULES FOR FILM CREWS OF 5 17

PERSONS OR FEWER.— 18

‘‘(A) For any film crew of 5 persons or 19

fewer, the Secretary shall require a permit and 20

assess an annual fee of $200 for commercial 21

filming activities or similar projects on Federal 22

lands and waterways administered by the Sec-23

retary. The permit shall be valid for commercial 24

filming activities or similar projects that occur 25

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in areas designated for public use during public 1

hours on all Federal lands waterways adminis-2

tered by the Secretary for a 12-month period 3

beginning on the date of issuance of the permit. 4

‘‘(B) For persons holding a permit de-5

scribed in this paragraph, the Secretary shall 6

not assess, during the effective period of the 7

permit, any additional fee for commercial film-8

ing activities and similar projects that occur in 9

areas designated for public use during public 10

hours on Federal lands and waterways adminis-11

tered by the Secretary. 12

‘‘(C) In this paragraph, the term ‘film 13

crew’ includes all persons present on Federal 14

land under the Secretary’s jurisdiction who are 15

associated with the production of a certain film. 16

‘‘(D) The Secretary shall not prohibit, as 17

a motorized vehicle or under any other pur-18

poses, use of cameras or related equipment used 19

for the purpose of commercial filming activities 20

or similar projects in accordance with this para-21

graph on Federal lands and waterways adminis-22

tered by the Secretary.’’. 23

(b) RECOVERY OF COSTS.—Section (1)(b) of Public 24

Law 106–206 (16 U.S.C. 460l–6d) is amended by— 25

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(1) striking ‘‘collect any costs’’ and inserting 1

‘‘recover any costs’’; and 2

(2) striking ‘‘similar project’’ and inserting 3

‘‘similar projects’’. 4

TITLE IV—POLAR BEAR CON-5

SERVATION AND FAIRNESS 6

ACT 7

SEC. 401. SHORT TITLE. 8

This title may be cited as the ‘‘Polar Bear Conserva-9

tion and Fairness Act of 2013’’. 10

SEC. 402. PERMITS FOR IMPORTATION OF POLAR BEAR 11

TROPHIES TAKEN IN SPORT HUNTS IN CAN-12

ADA. 13

Section 104(c)(5)(D) of the Marine Mammal Protec-14

tion Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended 15

to read as follows: 16

‘‘(D)(i) The Secretary of the Interior shall, ex-17

peditiously after the expiration of the applicable 30- 18

day period under subsection (d)(2), issue a permit 19

for the importation of any polar bear part (other 20

than an internal organ) from a polar bear taken in 21

a sport hunt in Canada to any person— 22

‘‘(I) who submits, with the permit applica-23

tion, proof that the polar bear was legally har-24

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vested by the person before February 18, 1997; 1

or 2

‘‘(II) who has submitted, in support of a 3

permit application submitted before May 15, 4

2008, proof that the polar bear was legally har-5

vested by the person before May 15, 2008, from 6

a polar bear population from which a sport- 7

hunted trophy could be imported before that 8

date in accordance with section 18.30(i) of title 9

50, Code of Federal Regulations. 10

‘‘(ii) The Secretary shall issue permits under 11

clause (i)(I) without regard to subparagraphs (A) 12

and (C)(ii) of this paragraph, subsection (d)(3), and 13

sections 101 and 102. Sections 101(a)(3)(B) and 14

102(b)(3) shall not apply to the importation of any 15

polar bear part authorized by a permit issued under 16

clause (i)(I). This clause shall not apply to polar 17

bear parts that were imported before June 12, 1997. 18

‘‘(iii) The Secretary shall issue permits under 19

clause (i)(II) without regard to subparagraph (C)(ii) 20

of this paragraph or subsection (d)(3). Sections 21

101(a)(3)(B) and 102(b)(3) shall not apply to the 22

importation of any polar bear part authorized by a 23

permit issued under clause (i)(II). This clause shall 24

not apply to polar bear parts that were imported be-25

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fore the date of enactment of the Polar Bear Con-1

servation and Fairness Act of 2013.’’. 2

TITLE V—PERMANENT 3

ELECTRONIC DUCK STAMP ACT 4

SEC. 501. SHORT TITLE. 5

This title may be cited as the ‘‘Permanent Electronic 6

Duck Stamp Act of 2013’’. 7

SEC. 502. DEFINITIONS. 8

In this title: 9

(1) ACTUAL STAMP.—The term ‘‘actual stamp’’ 10

means a Federal migratory-bird hunting and con-11

servation stamp required under the Act of March 12

16, 1934 (16 U.S.C. 718a et seq.) (popularly known 13

as the ‘‘Duck Stamp Act’’), that is printed on paper 14

and sold through the means established by the au-15

thority of the Secretary immediately before the date 16

of enactment of this Act. 17

(2) AUTOMATED LICENSING SYSTEM.— 18

(A) IN GENERAL.—The term ‘‘automated 19

licensing system’’ means an electronic, comput-20

erized licensing system used by a State fish and 21

wildlife agency to issue hunting, fishing, and 22

other associated licenses and products. 23

(B) INCLUSION.—The term ‘‘automated li-24

censing system’’ includes a point-of-sale, Inter-25

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net, telephonic system, or other electronic appli-1

cations used for a purpose described in sub-2

paragraph (A). 3

(3) ELECTRONIC STAMP.—The term ‘‘electronic 4

stamp’’ means an electronic version of an actual 5

stamp that— 6

(A) is a unique identifier for the individual 7

to whom it is issued; 8

(B) can be printed on paper or produced 9

through an electronic application with the same 10

indicators as the State endorsement provides; 11

(C) is issued through a State automated li-12

censing system that is authorized, under State 13

law and by the Secretary under this title, to 14

issue electronic stamps; 15

(D) is compatible with the hunting licens-16

ing system of the State that issues the elec-17

tronic stamp; and 18

(E) is described in the State application 19

approved by the Secretary under section 20

504(b). 21

(4) SECRETARY.—The term ‘‘Secretary’’ means 22

the Secretary of the Interior. 23

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SEC. 503. AUTHORITY TO ISSUE ELECTRONIC DUCK 1

STAMPS. 2

(a) IN GENERAL.—The Secretary may authorize any 3

State to issue electronic stamps in accordance with this 4

title. 5

(b) CONSULTATION.—The Secretary shall implement 6

this section in consultation with State management agen-7

cies. 8

SEC. 504. STATE APPLICATION. 9

(a) APPROVAL OF APPLICATION REQUIRED.—The 10

Secretary may not authorize a State to issue electronic 11

stamps under this title unless the Secretary has received 12

and approved an application submitted by the State in ac-13

cordance with this section. The Secretary may determine 14

the number of new States per year to participate in the 15

electronic stamp program. 16

(b) CONTENTS OF APPLICATION.—The Secretary 17

may not approve a State application unless the application 18

contains— 19

(1) a description of the format of the electronic 20

stamp that the State will issue under this title, in-21

cluding identifying features of the licensee that will 22

be specified on the stamp; 23

(2) a description of any fee the State will 24

charge for issuance of an electronic stamp; 25

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(3) a description of the process the State will 1

use to account for and transfer to the Secretary the 2

amounts collected by the State that are required to 3

be transferred to the Secretary under the program; 4

(4) the manner by which the State will transmit 5

electronic stamp customer data to the Secretary; 6

(5) the manner by which actual stamps will be 7

delivered; 8

(6) the policies and procedures under which the 9

State will issue duplicate electronic stamps; and 10

(7) such other policies, procedures, and infor-11

mation as may be reasonably required by the Sec-12

retary. 13

(c) PUBLICATION OF DEADLINES, ELIGIBILITY RE-14

QUIREMENTS, AND SELECTION CRITERIA.—Not later than 15

30 days before the date on which the Secretary begins ac-16

cepting applications under this section, the Secretary shall 17

publish— 18

(1) deadlines for submission of applications; 19

(2) eligibility requirements for submitting appli-20

cations; and 21

(3) criteria for approving applications. 22

SEC. 505. STATE OBLIGATIONS AND AUTHORITIES. 23

(a) DELIVERY OF ACTUAL STAMP.—The Secretary 24

shall require that each individual to whom a State sells 25

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an electronic stamp under this title shall receive an actual 1

stamp— 2

(1) by not later than the date on which the 3

electronic stamp expires under section 506(c); and 4

(2) in a manner agreed upon by the State and 5

Secretary. 6

(b) COLLECTION AND TRANSFER OF ELECTRONIC 7

STAMP REVENUE AND CUSTOMER INFORMATION.— 8

(1) REQUIREMENT TO TRANSMIT.—The Sec-9

retary shall require each State authorized to issue 10

electronic stamps to collect and submit to the Sec-11

retary in accordance with this section— 12

(A) the first name, last name, and com-13

plete mailing address of each individual that 14

purchases an electronic stamp from the State; 15

(B) the face value amount of each elec-16

tronic stamp sold by the State; and 17

(C) the amount of the Federal portion of 18

any fee required by the agreement for each 19

stamp sold. 20

(2) TIME OF TRANSMITTAL.—The Secretary 21

shall require the submission under paragraph (1) to 22

be made with respect to sales of electronic stamps 23

by a State according to the written agreement be-24

tween the Secretary and the State agency. 25

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(3) ADDITIONAL FEES NOT AFFECTED.—This 1

section shall not apply to the State portion of any 2

fee collected by a State under subsection (c). 3

(c) ELECTRONIC STAMP ISSUANCE FEE.—A State 4

authorized to issue electronic stamps may charge a reason-5

able fee to cover costs incurred by the State and the De-6

partment of the Interior in issuing electronic stamps 7

under this title, including costs of delivery of actual 8

stamps. 9

(d) DUPLICATE ELECTRONIC STAMPS.—A State au-10

thorized to issue electronic stamps may issue a duplicate 11

electronic stamp to replace an electronic stamp issued by 12

the State that is lost or damaged. 13

(e) LIMITATION ON AUTHORITY TO REQUIRE PUR-14

CHASE OF STATE LICENSE.—A State may not require 15

that an individual purchase a State hunting license as a 16

condition of issuing an electronic stamp under this title. 17

SEC. 506. ELECTRONIC STAMP REQUIREMENTS; RECOGNI-18

TION OF ELECTRONIC STAMP. 19

(a) STAMP REQUIREMENTS.—The Secretary shall re-20

quire an electronic stamp issued by a State under this 21

title— 22

(1) to have the same format as any other li-23

cense, validation, or privilege the State issues under 24

the automated licensing system of the State; and 25

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(2) to specify identifying features of the licensee 1

that are adequate to enable Federal, State, and 2

other law enforcement officers to identify the holder. 3

(b) RECOGNITION OF ELECTRONIC STAMP.—Any 4

electronic stamp issued by a State under this title shall, 5

during the effective period of the electronic stamp— 6

(1) bestow upon the licensee the same privileges 7

as are bestowed by an actual stamp; 8

(2) be recognized nationally as a valid Federal 9

migratory bird hunting and conservation stamp; and 10

(3) authorize the licensee to hunt migratory wa-11

terfowl in any other State, in accordance with the 12

laws of the other State governing that hunting. 13

(c) DURATION.—An electronic stamp issued by a 14

State shall be valid for a period agreed to by the State 15

and the Secretary, which shall not exceed 45 days. 16

SEC. 507. TERMINATION OF STATE PARTICIPATION. 17

The authority of a State to issue electronic stamps 18

under this title may be terminated— 19

(1) by the Secretary, if the Secretary— 20

(A) finds that the State has violated any of 21

the terms of the application of the State ap-22

proved by the Secretary under section 504; and 23

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(B) provides to the State written notice of 1

the termination by not later than the date that 2

is 30 days before the date of termination; or 3

(2) by the State, by providing written notice to 4

the Secretary by not later than the date that is 30 5

days before the termination date. 6

TITLE VI—ACCESS TO WATER 7

RESOURCES DEVELOPMENT 8

PROJECTS ACT 9

SEC. 601. SHORT TITLE. 10

This title may be cited as the ‘‘Recreational Lands 11

Self-Defense Act of 2013’’. 12

SEC. 602. PROTECTING AMERICANS FROM VIOLENT CRIME. 13

(a) FINDINGS.—Congress finds the following: 14

(1) The Second Amendment to the Constitution 15

provides that ‘‘the right of the people to keep and 16

bear Arms, shall not be infringed’’. 17

(2) Section 327.13 of title 36, Code of Federal 18

Regulations, provides that, except in special cir-19

cumstances, ‘‘possession of loaded firearms, ammu-20

nition, loaded projectile firing devices, bows and ar-21

rows, crossbows, or other weapons is prohibited’’ at 22

water resources development projects administered 23

by the Secretary of the Army. 24

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(3) The regulations described in paragraph (2) 1

prevent individuals complying with Federal and 2

State laws from exercising the second amendment 3

rights of the individuals while at such water re-4

sources development projects. 5

(4) The Federal laws should make it clear that 6

the second amendment rights of an individual at a 7

water resources development project should not be 8

infringed. 9

(b) PROTECTING THE RIGHT OF INDIVIDUALS TO 10

BEAR ARMS AT WATER RESOURCES DEVELOPMENT 11

PROJECTS.—The Secretary of the Army shall not promul-12

gate or enforce any regulation that prohibits an individual 13

from possessing a firearm including an assembled or func-14

tional firearm at a water resources development project 15

covered under section 327.0 of title 36, Code of Federal 16

Regulations (as in effect on the date of enactment of this 17

Act), if— 18

(1) the individual is not otherwise prohibited by 19

law from possessing the firearm; and 20

(2) the possession of the firearm is in compli-21

ance with the law of the State in which the water 22

resources development project is located. 23

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TITLE VII—WILDLIFE AND HUNT-1

ING HERITAGE CONSERVA-2

TION COUNCIL ADVISORY 3

COMMITTEE 4

SEC. 701. WILDLIFE AND HUNTING HERITAGE CONSERVA-5

TION COUNCIL ADVISORY COMMITTEE. 6

The Fish and Wildlife Coordination Act (16 U.S.C. 7

661 et seq.) is amended by adding at the end the fol-8

lowing: 9

‘‘SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVA-10

TION COUNCIL ADVISORY COMMITTEE. 11

‘‘(a) ESTABLISHMENT.—There is hereby established 12

the Wildlife and Hunting Heritage Conservation Council 13

Advisory Committee (in this section referred to as the ‘Ad-14

visory Committee’) to advise the Secretaries of the Interior 15

and Agriculture on wildlife and habitat conservation, 16

hunting, and recreational shooting. 17

‘‘(b) DUTIES OF THE ADVISORY COMMITTEE.—The 18

Advisory Committee shall advise the Secretaries with re-19

gard to— 20

‘‘(1) implementation of Executive Order No. 21

13443: Facilitation of Hunting Heritage and Wild-22

life Conservation, which directs Federal agencies ‘to 23

facilitate the expansion and enhancement of hunting 24

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opportunities and the management of game species 1

and their habitat’; 2

‘‘(2) policies or programs to conserve and re-3

store wetlands, agricultural lands, grasslands, forest, 4

and rangeland habitats; 5

‘‘(3) policies or programs to promote opportuni-6

ties and access to hunting and shooting sports on 7

Federal lands; 8

‘‘(4) policies or programs to recruit and retain 9

new hunters and shooters; 10

‘‘(5) policies or programs that increase public 11

awareness of the importance of wildlife conservation 12

and the social and economic benefits of recreational 13

hunting and shooting; and 14

‘‘(6) policies or programs that encourage co-15

ordination among the public, the hunting and shoot-16

ing sports community, wildlife conservation groups, 17

and States, tribes, and the Federal Government. 18

‘‘(c) MEMBERSHIP.— 19

‘‘(1) APPOINTMENT.— 20

‘‘(A) IN GENERAL.—The Advisory Com-21

mittee shall consist of no more than 16 discre-22

tionary members and 7 ex officio members. 23

‘‘(B) EX OFFICIO MEMBERS.—The ex offi-24

cio members are— 25

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‘‘(i) the Director of the United States 1

Fish and Wildlife Service or a designated 2

representative of the Director; 3

‘‘(ii) the Director of the Bureau of 4

Land Management or a designated rep-5

resentative of the Director; 6

‘‘(iii) the Director of the National 7

Park Service or a designated representa-8

tive of the Director; 9

‘‘(iv) the Chief of the Forest Service 10

or a designated representative of the Chief; 11

‘‘(v) the Chief of the Natural Re-12

sources Conservation Service or a des-13

ignated representative of the Chief; 14

‘‘(vi) the Administrator of the Farm 15

Service Agency or a designated representa-16

tive of the Administrator; and 17

‘‘(vii) the Executive Director of the 18

Association of Fish and Wildlife Agencies. 19

‘‘(C) DISCRETIONARY MEMBERS.—The dis-20

cretionary members shall be appointed jointly 21

by the Secretaries from at least one of each of 22

the following: 23

‘‘(i) State fish and wildlife agencies. 24

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‘‘(ii) Game bird hunting organiza-1

tions. 2

‘‘(iii) Wildlife conservation organiza-3

tions. 4

‘‘(iv) Big game hunting organizations. 5

‘‘(v) Waterfowl hunting organizations. 6

‘‘(vi) The tourism, outfitter, or guid-7

ing industry. 8

‘‘(vii) The firearms or ammunition 9

manufacturing industry. 10

‘‘(viii) The hunting or shooting equip-11

ment retail industry. 12

‘‘(ix) Hunting and shooting sports 13

outreach and education organizations. 14

‘‘(x) Tribal resource management or-15

ganizations. 16

‘‘(xi) The agriculture industry. 17

‘‘(xii) The ranching industry. 18

‘‘(D) ELIGIBILITY.—Prior to the appoint-19

ment of the discretionary members, the Secre-20

taries shall determine that all individuals nomi-21

nated for appointment to the Advisory Com-22

mittee, and the organization each individual 23

represents, actively support and promote sus-24

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tainable-use hunting, wildlife conservation, and 1

recreational shooting. 2

‘‘(2) TERMS.— 3

‘‘(A) IN GENERAL.—Except as provided in 4

subparagraph (B), members of the Advisory 5

Committee shall be appointed for a term of 4 6

years. Members shall not be appointed for more 7

than 3 consecutive or nonconsecutive terms. 8

‘‘(B) TERMS OF INITIAL APPOINTEES.—As 9

designated by the Secretary at the time of ap-10

pointment, of the members first appointed— 11

‘‘(i) 6 members shall be appointed for 12

a term of 4 years; 13

‘‘(ii) 5 members shall be appointed for 14

a term of 3 years; and 15

‘‘(iii) 5 members shall be appointed 16

for a term of 2 years. 17

‘‘(3) PRESERVATION OF PUBLIC ADVISORY STA-18

TUS.—No individual may be appointed as a discre-19

tionary member of the Advisory Committee while 20

serving as an officer or employee of the Federal 21

Government. 22

‘‘(4) VACANCY AND REMOVAL.— 23

‘‘(A) IN GENERAL.—Any vacancy on the 24

Advisory Committee shall be filled in the man-25

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ner in which the original appointment was 1

made. 2

‘‘(B) REMOVAL.—Advisory Committee 3

members shall serve at the discretion of the 4

Secretaries and may be removed at any time for 5

good cause. 6

‘‘(5) CONTINUATION OF SERVICE.—Each ap-7

pointed member may continue to serve after the ex-8

piration of the term of office to which such member 9

was appointed until a successor has been appointed. 10

‘‘(6) CHAIRPERSON.—The Chairperson of the 11

Advisory Committee shall be appointed for a 3-year 12

term by the Secretaries, jointly, from among the 13

members of the Advisory Committee. An individual 14

may not be appointed as Chairperson for more than 15

2 consecutive or nonconsecutive terms. 16

‘‘(7) PAY AND EXPENSES.—Members of the Ad-17

visory Committee shall serve without pay for such 18

service, but each member of the Advisory Committee 19

shall be reimbursed for travel and lodging incurred 20

through attending meetings of the Advisory Com-21

mittee approved subgroup meetings in the same 22

amounts and under the same conditions as Federal 23

employees (in accordance with section 5703 of title 24

5, United States Code). 25

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‘‘(8) MEETINGS.— 1

‘‘(A) IN GENERAL.—The Advisory Com-2

mittee shall meet at the call of the Secretaries, 3

the chairperson, or a majority of the members, 4

but not less frequently than twice annually. 5

‘‘(B) OPEN MEETINGS.—Each meeting of 6

the Advisory Committee shall be open to the 7

public. 8

‘‘(C) PRIOR NOTICE OF MEETINGS.—Time-9

ly notice of each meeting of the Advisory Com-10

mittee shall be published in the Federal Reg-11

ister and be submitted to trade publications and 12

publications of general circulation. 13

‘‘(D) SUBGROUPS.—The Advisory Com-14

mittee may establish such workgroups or sub-15

groups as it deems necessary for the purpose of 16

compiling information or conducting research. 17

However, such workgroups may not conduct 18

business without the direction of the Advisory 19

Committee and must report in full to the Advi-20

sory Committee. 21

‘‘(9) QUORUM.—Nine members of the Advisory 22

Committee shall constitute a quorum. 23

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‘‘(d) EXPENSES.—The expenses of the Advisory 1

Committee that the Secretaries determine to be reasonable 2

and appropriate shall be paid by the Secretaries. 3

‘‘(e) ADMINISTRATIVE SUPPORT, TECHNICAL SERV-4

ICES, AND ADVICE.—A designated Federal Officer shall 5

be jointly appointed by the Secretaries to provide to the 6

Advisory Committee the administrative support, technical 7

services, and advice that the Secretaries determine to be 8

reasonable and appropriate. 9

‘‘(f) ANNUAL REPORT.— 10

‘‘(1) REQUIRED.—Not later than September 30 11

of each year, the Advisory Committee shall submit 12

a report to the Secretaries, the Committee on Nat-13

ural Resources and the Committee on Agriculture of 14

the House of Representatives, and the Committee on 15

Energy and Natural Resources and the Committee 16

on Agriculture, Nutrition, and Forestry of the Sen-17

ate. If circumstances arise in which the Advisory 18

Committee cannot meet the September 30 deadline 19

in any year, the Secretaries shall advise the Chair-20

persons of each such Committee of the reasons for 21

such delay and the date on which the submission of 22

the report is anticipated. 23

‘‘(2) CONTENTS.—The report required by para-24

graph (1) shall describe— 25

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‘‘(A) the activities of the Advisory Com-1

mittee during the preceding year; 2

‘‘(B) the reports and recommendations 3

made by the Advisory Committee to the Secre-4

taries during the preceding year; and 5

‘‘(C) an accounting of actions taken by the 6

Secretaries as a result of the recommendations. 7

‘‘(g) FEDERAL ADVISORY COMMITTEE ACT.—The 8

Advisory Committee shall be exempt from the Federal Ad-9

visory Committee Act (5 U.S.C. App.). 10

‘‘(h) ABOLISHMENT OF THE EXISTING WILDLIFE 11

AND HUNTING HERITAGE CONSERVATION COUNCIL ADVI-12

SORY COMMITTEE.—Effective on the date of the enact-13

ment of this Act, the Wildlife and Hunting Heritage Con-14

servation Council formed in furtherance of section 441 of 15

the Revised Statutes (43 U.S.C. 1457), the Fish and 16

Wildlife Act of 1956 (16 U.S.C. 742a), and other Acts 17

applicable to specific bureaus of the Department of the 18

Interior is hereby abolished.’’. 19

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TITLE VIII—RECREATIONAL 1

FISHING AND HUNTING HER-2

ITAGE AND OPPORTUNITIES 3

ACT 4

SEC. 801. SHORT TITLE. 5

This title may be cited as the ‘‘Recreational Fishing 6

and Hunting Heritage and Opportunities Act’’. 7

SEC. 802. FINDINGS. 8

Congress finds that— 9

(1) recreational fishing and hunting are impor-10

tant and traditional activities in which millions of 11

Americans participate; 12

(2) recreational anglers and hunters have been 13

and continue to be among the foremost supporters 14

of sound fish and wildlife management and conserva-15

tion in the United States; 16

(3) recreational fishing and hunting are envi-17

ronmentally acceptable and beneficial activities that 18

occur and can be provided on Federal public lands 19

and waters without adverse effects on other uses or 20

users; 21

(4) recreational anglers, hunters, and sporting 22

organizations provide direct assistance to fish and 23

wildlife managers and enforcement officers of the 24

Federal Government as well as State and local gov-25

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ernments by investing volunteer time and effort to 1

fish and wildlife conservation; 2

(5) recreational anglers, hunters, and the asso-3

ciated industries have generated billions of dollars of 4

critical funding for fish and wildlife conservation, re-5

search, and management by providing revenues from 6

purchases of fishing and hunting licenses, permits, 7

and stamps, as well as excise taxes on fishing, hunt-8

ing, and shooting equipment that have generated bil-9

lions of dollars of critical funding for fish and wild-10

life conservation, research, and management; 11

(6) recreational shooting is also an important 12

and traditional activity in which millions of Ameri-13

cans participate, safe recreational shooting is a valid 14

use of Federal public lands, including the establish-15

ment of safe and convenient shooting ranges on such 16

lands, and participation in recreational shooting 17

helps recruit and retain hunters and contributes to 18

wildlife conservation; 19

(7) opportunities to recreationally fish, hunt, 20

and shoot are declining, which depresses participa-21

tion in these traditional activities, and depressed 22

participation adversely impacts fish and wildlife con-23

servation and funding for important conservation ef-24

forts; and 25

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(8) the public interest would be served, and our 1

citizens’ fish and wildlife resources benefitted, by ac-2

tion to ensure that opportunities are facilitated to 3

engage in fishing and hunting on Federal public 4

land as recognized by Executive Order No. 12962, 5

relating to recreational fisheries, and Executive 6

Order No. 13443, relating to facilitation of hunting 7

heritage and wildlife conservation. 8

SEC. 803. DEFINITIONS. 9

In this title: 10

(1) FEDERAL PUBLIC LAND.—The term ‘‘Fed-11

eral public land’’ means any land or water that is 12

owned and managed by the Bureau of Land Man-13

agement or the Forest Service. 14

(2) FEDERAL PUBLIC LAND MANAGEMENT OF-15

FICIALS.—The term ‘‘Federal public land manage-16

ment officials’’ means— 17

(A) the Secretary of the Interior and Di-18

rector of Bureau of Land Management regard-19

ing Bureau of Land Management lands and 20

waters; and 21

(B) the Secretary of Agriculture and Chief 22

of the Forest Service regarding the National 23

Forest System. 24

(3) HUNTING.— 25

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(A) IN GENERAL.—Except as provided in 1

subparagraph (B), the term ‘‘hunting’’ means 2

use of a firearm, bow, or other authorized 3

means in the lawful— 4

(i) pursuit, shooting, capture, collec-5

tion, trapping, or killing of wildlife; 6

(ii) attempt to pursue, shoot, capture, 7

collect, trap, or kill wildlife; or 8

(iii) the training of hunting dogs, in-9

cluding field trials. 10

(B) EXCLUSION.—The term ‘‘hunting’’ 11

does not include the use of skilled volunteers to 12

cull excess animals (as defined by other Federal 13

law). 14

(4) RECREATIONAL FISHING.—The term ‘‘rec-15

reational fishing’’ means the lawful— 16

(A) pursuit, capture, collection, or killing 17

of fish; or 18

(B) attempt to capture, collect, or kill fish. 19

(5) RECREATIONAL SHOOTING.—The term 20

‘‘recreational shooting’’ means any form of sport, 21

training, competition, or pastime, whether formal or 22

informal, that involves the discharge of a rifle, hand-23

gun, or shotgun, or the use of a bow and arrow. 24

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SEC. 804. RECREATIONAL FISHING, HUNTING, AND SHOOT-1

ING. 2

(a) IN GENERAL.—Subject to valid existing rights 3

and subsection (g), and cooperation with the respective 4

State fish and wildlife agency, Federal public land man-5

agement officials shall exercise authority under existing 6

law, including provisions regarding land use planning, to 7

facilitate use of and access to Federal public lands, includ-8

ing National Monuments, Wilderness Areas, Wilderness 9

Study Areas, and lands administratively classified as wil-10

derness eligible or suitable and primitive or semi-primitive 11

areas, for fishing, sport hunting, and recreational shoot-12

ing, except as limited by— 13

(1) statutory authority that authorizes action or 14

withholding action for reasons of national security, 15

public safety, or resource conservation; 16

(2) any other Federal statute that specifically 17

precludes recreational fishing, hunting, or shooting 18

on specific Federal public lands, waters, or units 19

thereof; and 20

(3) discretionary limitations on recreational 21

fishing, hunting, and shooting determined to be nec-22

essary and reasonable as supported by the best sci-23

entific evidence and advanced through a transparent 24

public process. 25

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(b) MANAGEMENT.—Consistent with subsection (a), 1

the head of each Federal public land management agency 2

shall exercise its land management discretion— 3

(1) in a manner that supports and facilitates 4

recreational fishing, hunting, and shooting opportu-5

nities; 6

(2) to the extent authorized under applicable 7

State law; and 8

(3) in accordance with applicable Federal law. 9

(c) PLANNING.— 10

(1) EVALUATION OF EFFECTS ON OPPORTUNI-11

TIES TO ENGAGE IN RECREATIONAL FISHING, HUNT-12

ING, OR SHOOTING.—Federal public land planning 13

documents, including land resources management 14

plans, resource management plans, and comprehen-15

sive conservation plans, shall include a specific eval-16

uation of the effects of such plans on opportunities 17

to engage in recreational fishing, hunting, or shoot-18

ing. 19

(2) NO MAJOR FEDERAL ACTION.—No action 20

taken under this title, or under section 4 of the Na-21

tional Wildlife Refuge System Administration Act of 22

1966 (16 U.S.C. 668dd), either individually or cu-23

mulatively with other actions involving Federal pub-24

lic lands or lands managed by the United States 25

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Fish and Wildlife Service, shall be considered to be 1

a major Federal action significantly affecting the 2

quality of the human environment, and no additional 3

identification, analysis, or consideration of environ-4

mental effects, including cumulative effects, is nec-5

essary or required. 6

(3) OTHER ACTIVITY NOT CONSIDERED.—Fed-7

eral public land management officials are not re-8

quired to consider the existence or availability of rec-9

reational fishing, hunting, or shooting opportunities 10

on adjacent or nearby public or private lands in the 11

planning for or determination of which Federal pub-12

lic lands are open for these activities or in the set-13

ting of levels of use for these activities on Federal 14

public lands, unless the combination or coordination 15

of such opportunities would enhance the recreational 16

fishing, hunting, or shooting opportunities available 17

to the public. 18

(d) FEDERAL PUBLIC LANDS.— 19

(1) LANDS OPEN.—Lands under the jurisdic-20

tion of the Bureau of Land Management and the 21

Forest Service, including Wilderness Areas, Wilder-22

ness Study Areas, lands designated as wilderness or 23

administratively classified as wilderness eligible or 24

suitable and primitive or semi-primitive areas and 25

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National Monuments, but excluding lands on the 1

Outer Continental Shelf, shall be open to rec-2

reational fishing, hunting, and shooting unless the 3

managing Federal agency acts to close lands to such 4

activity. Lands may be subject to closures or restric-5

tions if determined by the head of the agency to be 6

necessary and reasonable and supported by facts 7

and evidence, for purposes including resource con-8

servation, public safety, energy or mineral produc-9

tion, energy generation or transmission infrastruc-10

ture, water supply facilities, protection of other per-11

mittees, protection of private property rights or in-12

terest, national security, or compliance with other 13

law. 14

(2) SHOOTING RANGES.— 15

(A) IN GENERAL.—The head of each Fed-16

eral agency shall use his or her authorities in 17

a manner consistent with this title and other 18

applicable law, to— 19

(i) lease or permit use of lands under 20

the jurisdiction of the agency for shooting 21

ranges; and 22

(ii) designate specific lands under the 23

jurisdiction of the agency for recreational 24

shooting activities. 25

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(B) LIMITATION ON LIABILITY.—Any des-1

ignation under subparagraph (A)(ii) shall not 2

subject the United States to any civil action or 3

claim for monetary damages for injury or loss 4

of property or personal injury or death caused 5

by any activity occurring at or on such des-6

ignated lands. 7

(e) NECESSITY IN WILDERNESS AREAS AND ‘‘WITH-8

IN AND SUPPLEMENTAL TO’’ WILDERNESS PURPOSES.— 9

(1) MINIMUM REQUIREMENTS FOR ADMINIS-10

TRATION.—The provision of opportunities for hunt-11

ing, fishing and recreational shooting, and the con-12

servation of fish and wildlife to provide sustainable 13

use recreational opportunities on designated Federal 14

wilderness areas shall constitute measures necessary 15

to meet the minimum requirements for the adminis-16

tration of the wilderness area, provided that this de-17

termination shall not authorize or facilitate com-18

modity development, use, or extraction, motorized 19

recreational access or use that is not otherwise al-20

lowed under the Wilderness Act (16 U.S.C. 1131 et 21

seq.), or permanent road construction or mainte-22

nance within designated wilderness areas. 23

(2) APPLICATION OF WILDERNESS ACT.—Provi-24

sions of the Wilderness Act (16 U.S.C. 1131 et 25

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seq.), stipulating that wilderness purposes are ‘‘with-1

in and supplemental to’’ the purposes of the under-2

lying Federal land unit are reaffirmed. When seek-3

ing to carry out fish and wildlife conservation pro-4

grams and projects or provide fish and wildlife de-5

pendent recreation opportunities on designated wil-6

derness areas, the head of each Federal agency shall 7

implement these supplemental purposes so as to fa-8

cilitate, enhance, or both, but not to impede the un-9

derlying Federal land purposes when seeking to 10

carry out fish and wildlife conservation programs 11

and projects or provide fish and wildlife dependent 12

recreation opportunities in designated wilderness 13

areas, provided that such implementation shall not 14

authorize or facilitate commodity development, use 15

or extraction, or permanent road construction or use 16

within designated wilderness areas. 17

(f) REPORT.—Beginning on the second October 1 18

after the date of the enactment of this Act and biennially 19

on October 1 thereafter, the head of each Federal agency 20

who has authority to manage Federal public land on which 21

fishing, hunting, or recreational shooting occurs shall sub-22

mit to the Committee on Natural Resources of the House 23

of Representatives and the Committee on Energy and 24

Natural Resources of the Senate a report that describes— 25

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(1) any Federal public land administered by the 1

agency head that was closed to recreational fishing, 2

sport hunting, or shooting at any time during the 3

preceding year; and 4

(2) the reason for the closure. 5

(g) CLOSURES OR SIGNIFICANT RESTRICTIONS OF 6

640 OR MORE ACRES.— 7

(1) IN GENERAL.—Other than closures estab-8

lished or prescribed by land planning actions re-9

ferred to in subsection (d) or emergency closures de-10

scribed in paragraph (3) of this subsection, a perma-11

nent or temporary withdrawal, change of classifica-12

tion, or change of management status of Federal 13

public land that effectively closes or significantly re-14

stricts 640 or more contiguous acres of Federal pub-15

lic land to access or use for fishing or hunting or ac-16

tivities related to fishing, hunting, or both, shall 17

take effect only if, before the date of withdrawal or 18

change, the head of the Federal agency that has ju-19

risdiction over the Federal public land— 20

(A) publishes appropriate notice of the 21

withdrawal or change, respectively; 22

(B) demonstrates that coordination has oc-23

curred with a State fish and wildlife agency; 24

and 25

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(C) submits to the Committee on Natural 1

Resources of the House of Representatives and 2

the Committee on Energy and Natural Re-3

sources of the Senate written notice of the with-4

drawal or change, respectively. 5

(2) AGGREGATE OR CUMULATIVE EFFECTS.—If 6

the aggregate or cumulative effect of separate with-7

drawals or changes effectively closes or significantly 8

restricts 1,280 or more acres of land or water, such 9

withdrawals and changes shall be treated as a single 10

withdrawal or change for purposes of paragraph (1). 11

(3) EMERGENCY CLOSURES.—Nothing in this 12

title prohibits a Federal land management agency 13

from establishing or implementing emergency clo-14

sures or restrictions of the smallest practicable area 15

to provide for public safety, resource conservation, 16

national security, or other purposes authorized by 17

law. Such an emergency closure shall terminate after 18

a reasonable period of time unless converted to a 19

permanent closure consistent with this title. 20

(h) NATIONAL PARK SERVICE UNITS NOT AF-21

FECTED.—Nothing in this title shall affect or modify man-22

agement or use of units of the National Park System. 23

(i) NO PRIORITY.—Nothing in this title requires a 24

Federal land management agency to give preference to 25

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recreational fishing, hunting, or shooting over other uses 1

of Federal public land or over land or water management 2

priorities established by Federal law. 3

(j) CONSULTATION WITH COUNCILS.—In fulfilling 4

the duties set forth in this title, the heads of Federal agen-5

cies shall consult with respective advisory councils as es-6

tablished in Executive Order Nos. 12962 and 13443. 7

(k) AUTHORITY OF THE STATES.— 8

(1) IN GENERAL.—Nothing in this title shall be 9

construed as interfering with, diminishing, or con-10

flicting with the authority, jurisdiction, or responsi-11

bility of any State to exercise primary management, 12

control, or regulation of fish and wildlife under State 13

law (including regulations) on land or water within 14

the State, including on Federal public land. 15

(2) FEDERAL LICENSES.—Nothing in this title 16

shall be construed to authorize the head of a Federal 17

agency head to require a license, fee, or permit to 18

fish, hunt, or trap on land or water in a State, in-19

cluding on Federal public land in the States, except 20

that this paragraph shall not affect the Migratory 21

Bird Stamp requirement set forth in the Migratory 22

Bird Hunting and Conservation Stamp Act (16 23

U.S.C. 718 et seq.). 24

Æ

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