Text: H.R.3046 — 111th Congress (2009-2010)

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Introduced in House (06/25/2009)


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[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 3046 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3046

  To recognize the heritage of hunting and provide opportunities for 
               continued hunting on Federal public land.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2009

 Mr. Rehberg introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To recognize the heritage of hunting and provide opportunities for 
               continued hunting on Federal public land.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hunting Heritage Protection Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) hunting is an important and traditional recreational 
        activity in which 13,000,000 people in the United States 16 
        years of age and older participate;
            (2) hunters have been and continue to be among the foremost 
        supporters of sound wildlife management and conservation 
        practices in the United States;
            (3) persons who hunt and organizations relating to hunting 
        provide direct assistance to wildlife managers and enforcement 
        officers of the Federal Government and State and local 
        governments;
            (4) purchases of hunting licenses, permits, and stamps and 
        excise taxes on goods used by hunters have generated billions 
        of dollars for wildlife conservation, research, and management;
            (5) hunting is an essential component of effective wildlife 
        management by--
                    (A) reducing conflicts between people and wildlife;
                    (B) balancing wildlife populations with the natural 
                carrying capacity of the land; and
                    (C) providing incentives for the conservation of--
                            (i) wildlife; and
                            (ii) habitats and ecosystems on which 
                        wildlife depend;
            (6) each State has established at least 1 agency staffed by 
        professionally trained wildlife management personnel that has 
        legal authority to manage the wildlife in the State; and
            (7) hunting is an environmentally beneficial activity that 
        occurs, and can be provided for, on Federal public land without 
        adverse effects on other uses of the land.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Agency head.--The term ``agency head'' means the head 
        of any Federal agency that has authority to manage a natural 
        resource or Federal public land.
            (2) Federal public land.--
                    (A) In general.--The term ``Federal public land'' 
                means any land or water that is--
                            (i) publicly accessible;
                            (ii) owned by the United States; and
                            (iii) managed by an executive agency for 
                        purposes that include the conservation of 
                        natural resources.
                    (B) Exclusion.--The term ``Federal public land'' 
                does not include any land held in trust for the benefit 
                of an Indian tribe or member of an Indian tribe.
            (3) Hunting.--The term ``hunting'' means the lawful 
        pursuit, trapping, shooting, capture, collection, or killing of 
        wildlife.

SEC. 4. HUNTING.

    (a) In General.--Subject to existing rights, Federal public land 
shall be open to access and use for hunting except as limited by--
            (1) the agency head with jurisdiction over the Federal 
        public land--
                    (A) for reasons of national security;
                    (B) for reasons of public safety; or
                    (C) for any other reasons for limiting access 
                authorized by applicable Federal law; and
            (2) any law of the State in which the Federal public land 
        is located that is applicable to hunting.
    (b) Management.--Consistent with subsection (a), to the extent 
authorized under State law, and in accordance with applicable Federal 
law, each agency head shall manage Federal public land under the 
jurisdiction of the agency head in a manner that supports, promotes, 
and enhances access for hunting.
    (c) No Net Loss.--
            (1) In general.--Each agency head shall, to the maximum 
        extent practicable, ensure that Federal public land management 
        decisions and actions result in no net loss of land area 
        accessible for hunting on Federal public land.
            (2) Annual report.--Not later than October 1 of each year, 
        each agency head with authority to manage Federal public land 
        on which hunting occurs shall submit to the Committee on 
        Agriculture, Nutrition, and Forestry and the Committee on 
        Energy and Natural Resources of the Senate and the Committee on 
        Agriculture and the Committee on Natural Resources of the House 
        of Representatives a report that describes--
                    (A)(i) any Federal public land administered by the 
                agency head in which access for hunting was limited at 
                any time during the year as compared to access 
                available during the previous year; and
                    (ii) the reason for the limitation; and
                    (B) areas administered by the agency head that were 
                opened to hunting to compensate for the limitations of 
                the areas described in subparagraph (A)(i).
            (3) Closures of 5,000 or more acres.--The withdrawal, 
        change of classification, or change of management status that 
        effectively closes or limits access to 5,000 or more acres of 
        Federal public land for hunting shall take effect only if, 
        before the date of withdrawal or change, the agency head that 
        has jurisdiction over the Federal public land submits to the 
        Committee on Agriculture, Nutrition, and Forestry and the 
        Committee on Energy and Natural Resources of the Senate and the 
        Committee on Agriculture and the Committee on Natural Resources 
        of the House of Representatives written notice of the 
        withdrawal or change.
    (d) Areas Not Affected.--Nothing in this Act compels the opening to 
hunting of national parks or national monuments under the jurisdiction 
of the Secretary of the Interior.
    (e) No Priority.--Nothing in this Act requires a Federal agency to 
give preference to hunting over other uses of Federal public land or 
over land or water management priorities established by Federal law.
    (f) Authority of the States.--
            (1) Savings.--Nothing in this Act affects the authority, 
        jurisdiction, or responsibility of a State to manage, control, 
        or regulate fish and wildlife under State law on land or water 
        in the State, including Federal public land.
            (2) Federal licenses.--Nothing in this Act authorizes an 
        agency head to require a license or permit to hunt, fish, or 
        trap on land or water in a State, including on Federal public 
        land in the State.
            (3) State right of action.--
                    (A) In general.--Any State aggrieved by the failure 
                of an agency head or employee to comply with this Act 
                may bring a civil action in the United States District 
                Court for the district in which the failure occurs for 
                a permanent injunction.
                    (B) Preliminary injunction.--If the district court 
                determines, based on the facts, that a preliminary 
                injunction is appropriate, the district court may grant 
                a preliminary injunction.
                    (C) Court costs.--If the district court issues an 
                injunction under this paragraph or otherwise finds in 
                favor of the State, the district court shall award to 
                the State any reasonable costs of bringing the civil 
                action (including an attorney's fee).
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