H.Amdt. 1005House112th Congress (2011-2013)

An amendment numbered 1 printed in House Report 112-444 to add shooting ranges to the list of valid uses of public land and clarifies the term "wilderness areas" by adding "including Wilderness Areas, Wilderness Study Areas, or lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas." Amendment states that the protection given to hunting in wilderness areas is not intended to permit motorized recreation or mineral extraction and reduces the reporting requirements. Amendment addresses technical conflicts between Title I and Title II over certain Bureau of Land Management land and would make several technical changes.

What it does: 19 changes: inserts text in 7 places, replaces text in 8 places, strikes text in 3 places, renumbers
Submitted April 17, 2012

Description

Manager's amendment makes technical and clarifying corrections; includes amendments which had been adopted by the Natural Resources Committee during previous proceedings; adds language specifically disallowing extractive commercial activity or motorized travel in wilderness areas; and reduces administrative tasks faced by the agencies with regard to the format and frequency of public notice and congressional reporting requirements.

What it changes

19 changes to H.R. 4089

Inserts text in 7 placesReplaces text in 8 placesStrikes text in 3 placesRenumbers

We couldn't match these changes to the text of H.R. 4089, so they're shown as written.

We couldn't read part of this amendment. That part is shown as written below.

  1. Change 1: Inserts “including the establishment of safe and convenient shooting ranges on such lands,” after “of Federal public lands,”

    InsertsPage 3, line 15Printed page

    …of Federal public lands,[inserted: including the establishment of safe and convenient shooting ranges on such lands,]…

    Original wording

    Page 3, line 15, after “of Federal public lands,” insert “including the establishment of safe and convenient shooting ranges on such lands,”.

  2. Change 2: Replaces “; or” with new text

    ReplacesPage 5, line 4Printed page

    Struck: ; or

    Original wording

    Page 5, line 4, strike “; or” and insert a semicolon.

  3. Change 3: Replaces the period on page 5, line 6 with “; or”

    ReplacesPrinted page

    …[struck: .][inserted: ; or]

    Original wording

    Page 5, line 6, strike the period and insert “; or”.

  4. Change 4: Inserts new text on page 5, line 6

    Inserted: (iii) the training of hunting dogs, including field trials.

    Original wording

    Page 5, after line 6, insert the following:

  5. Change 5: Replaces “and waters” with “, including Wilderness Areas, Wilderness Study Areas, or lands administratively classifie…”

    ReplacesPage 6, line 5Printed page

    [struck: and waters][inserted: , including Wilderness Areas, Wilderness Study Areas, or lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas,]

    Original wording

    Page 6, line 5, strike “and waters” and insert “, including Wilderness Areas, Wilderness Study Areas, or lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas,”.

  6. Change 6: Inserts “as amended by the National Wildlife Refuge System Improvement Act of 1997,” after “(16 U.S.C. 668dd),”

    InsertsPage 7, line 20Printed page

    …(16 U.S.C. 668dd),[inserted: as amended by the National Wildlife Refuge System Improvement Act of 1997,]…

    Original wording

    Page 7, line 20, after “(16 U.S.C. 668dd),” insert “as amended by the National Wildlife Refuge System Improvement Act of 1997,”.

  7. Change 7: Rewrites page 8, lines 4–10

    ReplacesPrinted page

    Removes page 8, lines 4–10 of the printed bill. See that page

    Inserted: (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.

    Original wording

    Page 8, strike lines 4 through 10 and insert the following:

  8. Change 8: Strikes “of'”

    StrikesPage 8, line 13Printed page

    Struck: of'

    Original wording

    Page 8, line 13, strike “of' ”

  9. Change 9: Replaces “agency” with “agencies”

    ReplacesPage 8, line 15Printed page

    [struck: agency][inserted: agencies]

    Original wording

    Page 8, line 15, strike “agency” and insert “agencies”

  10. Change 10: Inserts “Wilderness Areas, Wilderness Study Areas,” after “Forest Service, including”

    InsertsPage 9, line 3Printed page

    …Forest Service, including[inserted: Wilderness Areas, Wilderness Study Areas,]…

    Original wording

    Page 9, line 3, after “Forest Service, including” insert “Wilderness Areas, Wilderness Study Areas,”.

  11. Change 11: Strikes “The head” through line 21

    StrikesPage 9, lines 18–21Printed page

    Struck: The head …

    Original wording

    Page 9, beginning at line 18, strike “The head” and all that follows through line 21.

  12. Change 12: Rewrites page 10, line 12 through page 11, line 3

    ReplacesPrinted page

    Removes page 10, line 12 through page 11, line 3 of the printed bill. See that page

    Inserted: (e) Necessity in Wilderness Areas and "Within and Supplemental to" Wilderness Purposes.--

    Inserted: (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.

    Inserted: (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.

    Inserted: (3) Paragraphs (1) and (2) are not intended to authorize or facilitate commodity development, use, or extraction, or motorized recreational access or use.

    Original wording

    Page 10, strike line 12 and all that follows through page 11, line 3, and insert the following:

  13. Change 13: Rewrites page 11, lines 4–6

    ReplacesPrinted page

    Removes page 11, lines 4–6 of the printed bill. See that page

    Inserted: (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

    Original wording

    Page 11, strike line 4 and all that follows through line 6, and insert the following:

  14. Change 14: Strikes “publish in the Federal Register and”

    StrikesPage 11, line 9Printed page

    Struck: publish in the Federal Register and

    Original wording

    Page 11, line 9, strike “publish in the Federal Register and”.

  15. Change 15: Renumbers subparagraphs (A) and (B) as (1) and (2)

    RenumbersPage 11, lines 14–18Printed page
    Original wording

    Page 11, lines 14 through 18, redesignate subparagraphs (A) and (B) as paragraphs (1) and (2), respectively (and conform the margins accordingly).

  16. Change 16: Rewrites page 11, line 19 through page 12, line 23

    ReplacesPrinted page

    Removes page 11, line 19 through page 12, line 23 of the printed bill. See that page

    Inserted: (g) Closures or Significant Restrictions of 640 or More Acres.--

    Inserted: (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--

    Inserted: (A) publishes appropriate notice of the withdrawal or change, respectively;

    Inserted: (B) demonstrates that coordination has occurred with a State fish and wildlife agency; and

    Inserted: (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.

    Inserted: (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).

    Inserted: (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.

    Original wording

    Page 11, strike line 19 and all that follows through page 12, line 23, and insert the following (and redesignate the subsequent subsections accordingly):

  17. Change 17: Inserts new text on page 12, line 23

    Inserted: (3) 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.

    Original wording

    Page 12, after line 23, insert the following:

  18. Change 18: Inserts “, fee,” after “license”

    InsertsPage 13, line 22Printed page

    …license[inserted: , fee,]…

    Original wording

    Page 13, line 22, after “license” insert “, fee,”.

  19. Change 19: Inserts new text on page 18, line 18

    Inserted: (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.

    Original wording

    Page 18, after line 18, insert the following:

Shown as written

the first place it appears.

Page 9, strike lines 23 through page 10, line 4 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

Page 3, line 15, after “of Federal public lands,” insert “including the establishment of safe and convenient shooting ranges on such lands,”.

Page 5, line 4, strike “; or” and insert a semicolon.

Page 5, line 6, strike the period and insert “; or”.

Page 5, after line 6, insert the following:

(iii) the training of hunting dogs, including field trials.

Page 6, line 5, strike “and waters” and insert “, including Wilderness Areas, Wilderness Study Areas, or lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas,”.

Page 7, line 20, after “(16 U.S.C. 668dd),” insert “as amended by the National Wildlife Refuge System Improvement Act of 1997,”.

Page 8, strike lines 4 through 10 and insert the following:

(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.

Page 8, line 13, strike “of' ” the first place it appears.

Page 8, line 15, strike “agency” and insert “agencies”

Page 9, line 3, after “Forest Service, including” insert “Wilderness Areas, Wilderness Study Areas,”.

Page 9, beginning at line 18, strike “The head” and all that follows through line 21.

Page 9, strike lines 23 through page 10, line 4 and insert the following:

(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.

Page 10, strike line 12 and all that follows through page 11, line 3, and insert the following:

(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.

Page 11, strike line 4 and all that follows through line 6, and insert the following:

(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

Page 11, line 9, strike “publish in the Federal Register and”.

Page 11, lines 14 through 18, redesignate subparagraphs (A) and (B) as paragraphs (1) and (2), respectively (and conform the margins accordingly).

Page 11, strike line 19 and all that follows through page 12, line 23, and insert the following (and redesignate the subsequent subsections accordingly):

(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.

Page 12, after line 23, insert the following:

(3) 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.

Page 13, line 22, after “license” insert “, fee,”.

Page 18, after line 18, insert the following:

(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.

Legislative Activity

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5 earlier actions
Floor Latest Action

House amendment offered

April 17, 2012

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Floor

House amendment offered

April 17, 2012

Floor

House amendment agreed to: On agreeing to the Hastings (WA) amendment (A001) Agreed to by voice vote.

April 17, 2012 • 4:02 PM

Not Used

House amendment offered/reported by: Amendment (A001) offered by Mr. Hastings (WA).(consideration: CR H1881-1882; text: CR H1881-1882)

April 17, 2012 • 4:00 PM

Not Used

Amendment agreed to Committee of the Whole

April 17, 2012 • 4:02 PM

Floor

Amendment (A001) offered by Mr. Hastings (WA). (consideration: CR H1881-1882; text: CR H1881-1882)

April 17, 2012 • 4:00 PM

Floor

On agreeing to the Hastings (WA) amendment (A001) Agreed to by voice vote.

April 17, 2012 • 4:02 PM