Text: H.R.4089 — 112th Congress (2011-2012)

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Received in Senate (04/18/2012)


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[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[H.R. 4089 Received in Senate (RDS)]

112th CONGRESS
  2d Session
                                H. R. 4089


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2012

                                Received

_______________________________________________________________________

                                 AN ACT


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Sportsmen's 
Heritage Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definition.
Sec. 104. Recreational fishing, hunting, and shooting.
               TITLE II--RECREATIONAL SHOOTING PROTECTION

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Recreational shooting.
            TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS

Sec. 301. Short title.
Sec. 302.  Permits for importation of polar bear trophies taken in 
                            sport hunts in Canada.
    TITLE IV--HUNTING, FISHING, AND RECREATIONAL SHOOTING PROTECTION

Sec. 401. Short title.
Sec. 402. Modification of definition.
             TITLE V--HUNTING IN KISATCHIE NATIONAL FOREST

Sec. 501. Hunting in Kisatchie National Forest.
    TITLE VI--DESIGNATION OF AND RESTRICTIONS ON NATIONAL MONUMENTS

Sec. 601. Designation of and restrictions on national monuments.

  TITLE I--RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES

SEC. 101. SHORT TITLE.

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

SEC. 102. FINDINGS.

    Congress finds that--
            (1) recreational fishing and hunting are important and 
        traditional activities in which millions of Americans 
        participate;
            (2) recreational anglers and hunters have been and continue 
        to be among the foremost supporters of sound fish and wildlife 
        management and conservation in the United States;
            (3) recreational fishing and hunting are environmentally 
        acceptable and beneficial activities that occur and can be 
        provided on Federal public lands and waters without adverse 
        effects on other uses or users;
            (4) recreational anglers, hunters, and sporting 
        organizations provide direct assistance to fish and wildlife 
        managers and enforcement officers of the Federal Government as 
        well as State and local governments by investing volunteer time 
        and effort to fish and wildlife conservation;
            (5) recreational anglers, hunters, and the associated 
        industries have generated billions of dollars of critical 
        funding for fish and wildlife conservation, research, and 
        management by providing revenues from purchases of fishing and 
        hunting licenses, permits, and stamps, as well as excise taxes 
        on fishing, hunting, and shooting equipment that have generated 
        billions of dollars of critical funding for fish and wildlife 
        conservation, research, and management;
            (6) recreational shooting is also an important and 
        traditional activity in which millions of Americans 
        participate, safe recreational shooting is a valid use of 
        Federal public lands, 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 
        No. 12962, relating to recreational fisheries, and Executive 
        Order No. 13443, relating to facilitation of hunting heritage 
        and wildlife conservation.

SEC. 103. DEFINITION.

    In this title:
            (1) Federal public land.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``Federal public land'' means any land or 
                water that is--
                            (i) owned by the United States; and
                            (ii) managed by a Federal agency (including 
                        the Department of the Interior and the Forest 
                        Service) for purposes that include the 
                        conservation of natural resources.
                    (B) Exclusion.--The term ``Federal public land'' 
                does not include any land or water held in trust for 
                the benefit of Indians or other Native Americans.
            (2) Hunting.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``hunting'' means use of a firearm, bow, 
                or other authorized means in the lawful--
                            (i) pursuit, shooting, capture, collection, 
                        trapping, or killing of wildlife;
                            (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. 104. RECREATIONAL FISHING, HUNTING, AND SHOOTING.

    (a) In General.--Subject to valid existing rights and subsection 
(g), and cooperation with the respective State and fish and wildlife 
agency, Federal public land management officials shall exercise their 
authority under existing law, including provisions regarding land use 
planning, to facilitate use of and access to Federal public lands, 
including Wilderness Areas, Wilderness Study Areas, or lands 
administratively classified as wilderness eligible or suitable and 
primitive or semi-primitive areas, for fishing, sport hunting, and 
recreational shooting except as limited by--
            (1) statutory authority that authorizes action or 
        withholding action for reasons of national security, public 
        safety, or resource conservation;
            (2) any other Federal statute that specifically precludes 
        recreational fishing, hunting, or shooting on specific Federal 
        public lands, waters, or units thereof; and
            (3) discretionary limitations on recreational fishing, 
        hunting, and shooting determined to be necessary and reasonable 
        as supported by the best scientific evidence and advanced 
        through a transparent public process.
    (b) Management.--Consistent with subsection (a), the head of each 
Federal public land management agency shall exercise its land 
management discretion--
            (1) in a manner that supports and facilitates recreational 
        fishing, hunting, and shooting opportunities;
            (2) to the extent authorized under applicable State law; 
        and
            (3) in accordance with applicable Federal law.
    (c) Planning.--
            (1) Effects of plans and activities.--
                    (A) Evaluation of effects on opportunities to 
                engage in recreational fishing, hunting, or shooting.--
                Federal public land planning documents, including land 
                resources management plans, resource management plans, 
                travel management plans, general management plans, and 
                comprehensive conservation plans, shall include a 
                specific evaluation of the effects of such plans on 
                opportunities to engage in recreational fishing, 
                hunting, or shooting.
                    (B) Not major federal action.--No action taken 
                under this title, or under section 4 of the National 
                Wildlife Refuge System Administration Act of 1966 (16 
                U.S.C. 668dd), as amended by the National Wildlife 
                Refuge System Improvement Act of 1997, 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 agencies, 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 Wilderness 
        Areas, Wilderness Study Areas, 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 under the 
                        jurisdiction of the agency for shooting ranges; 
                        and
                            (ii) designate specific lands under the 
                        jurisdiction 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 and ``Within and Supplemental 
to'' Wilderness Purposes.--
            (1) Minimum requirements for administration.--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 term ``within and supplemental to'' Wilderness 
        purposes in section 4(a) 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 their wildlife conservation responsibilities or providing 
        recreational opportunities on the Federal public lands subject 
        to a wilderness designation.
            (3) Paragraphs (1) and (2) are not intended to authorize or 
        facilitate commodity development, use, or extraction, or 
        motorized recreational access or use.
    (f) Report.--Not later than October 1 of every other year, 
beginning with the second October 1 after the date of the 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 that effectively closes or significantly restricts 
        640 or more contiguous acres of Federal public land 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--
                    (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.
            (4) 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.
    (h) Areas Not Affected.--Nothing in this title requires the opening 
of national park or national monuments under the jurisdiction of the 
National Park Service to hunting or recreational shooting.
    (i) No Priority.--Nothing in this title requires a Federal agency 
to give preference to recreational fishing, hunting, or shooting over 
other uses of Federal public land or over land or water management 
priorities established by Federal law.
    (j) Consultation With Councils.--In fulfilling the duties set forth 
in this title, the heads of Federal agencies shall consult with 
respective advisory councils as established in Executive Order Nos. 
12962 and 13443.
    (k) Authority of the States.--
            (1) In general.--Nothing in this title shall be construed 
        as interfering with, diminishing, or conflicting with the 
        authority, jurisdiction, or responsibility of any State to 
        manage, control, or regulate fish and wildlife under State law 
        (including regulations) on land or water within the State, 
        including on Federal public land.
            (2) Federal licenses.--Nothing in this title authorizes the 
        head of a Federal agency head to require a license, 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.).

               TITLE II--RECREATIONAL SHOOTING PROTECTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Recreational Shooting Protection 
Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Director.--The term ``Director'' means the Director of 
        the Bureau of Land Management.
            (2) National monument land.--The term ``National Monument 
        land'' has the meaning given that term in the Act of June 8, 
        1908 (commonly known as the ``Antiquities Act''; 16 U.S.C. 431 
        et seq.).
            (3) Recreational shooting.--The term ``recreational 
        shooting'' includes any form of sport, training, competition, 
        or pastime, whether formal or informal, that involves the 
        discharge of a rifle, handgun, or shotgun, or the use of a bow 
        and arrow.

SEC. 203. RECREATIONAL SHOOTING.

    (a) In General.--Subject to valid existing rights, National 
Monument land under the jurisdiction of the Bureau of Land Management 
shall be open to access and use for recreational shooting, except such 
closures and restrictions determined by the Director to be necessary 
and reasonable and supported by facts and evidence for one or more of 
the following:
            (1) Reasons of national security.
            (2) Reasons of public safety.
            (3) To comply with an applicable Federal statute.
            (4) To comply with a law (including regulations) of the 
        State in which the National Monument land is located that is 
        applicable to recreational shooting.
    (b) Notice; Report.--
            (1) Requirement.--Except as set forth in paragraph (2)(B), 
        before a restriction or closure under subsection (a) is made 
        effective, the Director shall--
                    (A) publish public notice of such closure or 
                restriction in a newspaper of general circulation in 
                the area where the closure or restriction will be 
                carried out; and
                    (B) submit to Congress a report detailing the 
                location and extent of, and evidence justifying, such a 
                closure or restriction.
            (2) Timing.--The Director shall issue the notice and report 
        required under paragraph (1)--
                    (A) before the closure if practicable without 
                risking national security or public safety; and
                    (B) in cases where such issuance is not practicable 
                for reasons of national security or public safety, not 
                later than 30 days after the closure.
    (c) Cessation of Closure or Restriction.--A closure or restriction 
under paragraph (1) or (2) of subsection (a) shall cease to be 
effective--
            (1) effective on the day after the last day of the six-
        month period beginning on the date on which the Director 
        submitted the report to Congress under subsection (b)(2) 
        regarding the closure or restriction, unless the closure or 
        restriction has been approved by Federal law; and
            (2) 30 days after the date of the enactment of a Federal 
        law disapproving the closure or restriction.
    (d) Management.--Consistent with subsection (a), the Director shall 
manage National Monument land under the jurisdiction of the Bureau of 
Land Management--
            (1) in a manner that supports, promotes, and enhances 
        recreational shooting opportunities;
            (2) to the extent authorized under State law (including 
        regulations); and
            (3) in accordance with applicable Federal law (including 
        regulations).
    (e) Limitation on Duplicative Closures or Restrictions.--Unless 
supported by criteria under subsection (a) as a result of a change in 
circumstances, the Director may not issue a closure or restriction 
under subsection (a) that is substantially similar to closure or 
restriction previously issued that was not approved by Federal law.
    (f) Effective Date for Prior Closures and Restrictions.--On the 
date that is 6 months after the date of the enactment of this Act, this 
title shall apply to closures and restrictions in place on the date of 
the enactment of this title that relate to access and use for 
recreational shooting on National Monument land under the jurisdiction 
of the Bureau of Land Management.
    (g) Annual Report.--Not later than October 1 of each year, the 
Director shall submit to the Committee on Natural Resources of the 
House of Representatives and the Committee on Energy and Natural 
Resources of the Senate a report that describes--
            (1) any National Monument land under the jurisdiction of 
        the Bureau of Land Management that was closed to recreational 
        shooting or on which recreational shooting was restricted at 
        any time during the preceding year; and
            (2) the reason for the closure.
    (h) No Priority.--Nothing in this title requires the Director to 
give preference to recreational shooting over other uses of Federal 
public land or over land or water management priorities established by 
Federal law.
    (i) Authority of the States.--
            (1) Savings.--Nothing in this title affects the authority, 
        jurisdiction, or responsibility of a State to manage, control, 
        or regulate fish and wildlife under State law (including 
        regulations) on land or water in the State, including Federal 
        public land.
            (2) Federal licenses.--Nothing in this title authorizes the 
        Director to require a license for recreational shooting on land 
        or water in a State, including on Federal public land in the 
        State.
    (j) Controlling Provisions.--In any instance when one or more 
provisions in title I and in this title may be construed to apply in an 
inconsistent manner to National Monument land, the provisions in this 
title shall take precedence and apply.

            TITLE III--POLAR BEAR CONSERVATION AND FAIRNESS

SEC. 301. SHORT TITLE.

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

SEC. 302. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT 
              HUNTS IN CANADA.

    Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:
            ``(D)(i) The Secretary of the Interior shall, expeditiously 
        after the expiration of the applicable 30-day period under 
        subsection (d)(2), issue a permit for the importation of any 
        polar bear part (other than an internal organ) from a polar 
        bear taken in a sport hunt in Canada to any person--
                    ``(I) who submits, with the permit application, 
                proof that the polar bear was legally harvested by the 
                person before February 18, 1997; or
                    ``(II) who has submitted, in support of a permit 
                application submitted before May 15, 2008, proof that 
                the polar bear was legally harvested by the person 
                before May 15, 2008, from a polar bear population from 
                which a sport-hunted trophy could be imported before 
                that date in accordance with section 18.30(i) of title 
                50, Code of Federal Regulations.
            ``(ii) The Secretary shall issue permits under clause 
        (i)(I) without regard to subparagraphs (A) and (C)(ii) of this 
        paragraph, subsection (d)(3), and sections 101 and 102. 
        Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the 
        importation of any polar bear part authorized by a permit 
        issued under clause (i)(I). This clause shall not apply to 
        polar bear parts that were imported before June 12, 1997.
            ``(iii) The Secretary shall issue permits under clause 
        (i)(II) without regard to subparagraph (C)(ii) of this 
        paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 
        102(b)(3) shall not apply to the importation of any polar bear 
        part authorized by a permit issued under clause (i)(II). This 
        clause shall not apply to polar bear parts that were imported 
        before the date of enactment of the Polar Bear Conservation and 
        Fairness Act of 2012.''.

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

SEC. 401. SHORT TITLE.

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

SEC. 402. MODIFICATION OF DEFINITION.

    Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 
2602(2)(B)) is amended--
            (1) in clause (v), by striking ``, and'' and inserting ``, 
        or any component of any such article including, without 
        limitation, shot, bullets and other projectiles, propellants, 
        and primers,'';
            (2) in clause (vi) by striking the period at the end and 
        inserting ``, and''; and
            (3) by inserting after clause (vi) the following:
                            ``(vii) any sport fishing equipment (as 
                        such term is defined in subsection (a) of 
                        section 4162 of the Internal Revenue Code of 
                        1986) the sale of which is subject to the tax 
                        imposed by section 4161(a) of such Code 
                        (determined without regard to any exemptions 
                        from such tax as provided by section 4162 or 
                        4221 or any other provision of such Code), and 
                        sport fishing equipment components.''.

             TITLE V--HUNTING IN KISATCHIE NATIONAL FOREST

SEC. 501. HUNTING IN KISATCHIE NATIONAL FOREST.

    (a) In General.--Consistent with the Act of June 4, 1897 (16 U.S.C. 
551), the Secretary of Agriculture may not restrict the use of dogs in 
deer hunting activities in Kisatchie National Forest, unless such 
restrictions--
            (1) apply to the smallest practicable portions of such 
        unit; and
            (2) are necessary to reduce or control trespass onto land 
        adjacent to such unit.
    (b) Prior Restrictions Void.--Any restrictions regarding the use of 
dogs in deer hunting activities in Kisatchie National Forest in force 
on the date of the enactment of this Act shall be void and have no 
force or effect.

    TITLE VI--DESIGNATION OF AND RESTRICTIONS ON NATIONAL MONUMENTS

SEC. 601. DESIGNATION OF AND RESTRICTIONS ON NATIONAL MONUMENTS.

    (a) Designation.--No national monument designated by presidential 
proclamation shall be valid until the Governor and the legislature of 
each State within the boundaries of the proposed national monument have 
approved of such designation.
    (b) Restrictions.--The Secretary of the Interior shall not 
implement any restrictions on the public use of a national monument 
until the expiration of an appropriate review period (determined by the 
Secretary of the Interior) providing for public input.

            Passed the House of Representatives April 17, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.