S.Amdt. 2919

SA 2919. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2875 proposed by Mr. Reid (for Mr. Tester) to the bill
S. 3525, to protect and enhance opportunities for recreational hunting,
fishing, and shooting, and for other purposes; which was ordered to lie
on the table; as follows:

At the end of subtitle A of title I, add the following:

SEC. 104. HERITAGE OF RECREATIONAL FISHING, HUNTING, AND
RECREATIONAL SHOOTING ON FEDERAL LAND.

(a) Definitions.--In this section:
(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) Exclusions.--The term ``Federal public land'' does not
include--
(i) land or water held or managed in trust for the benefit
of Indians or other Native Americans;
(ii) land managed by the Director of the National Park
Service or the Director of the United States Fish and
Wildlife Service;
(iii) fish hatcheries; or
(iv) conservation easements on private land.
(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; or
(ii) attempt to pursue, shoot, capture, collect, trap, or
kill wildlife.
(B) Exclusion.--The term ``hunting'' does not include the
use of skilled volunteers to cull excess animals (as defined
by other Federal law).
(3) Recreational fishing.--The term ``recreational
fishing'' means--
(A) an activity for sport or for pleasure that involves--
(i) the lawful catching, taking, or harvesting of fish; or
(ii) the lawful attempted catching, taking, or harvesting
of fish; or
(B) any other activity for sport or pleasure that can
reasonably be expected to result in the lawful catching,
taking, or harvesting of 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.
(b) Recreational Fishing, Hunting, and Recreational
Shooting.--
(1) In general.--Subject to valid existing rights, and in
cooperation with the respective State and fish and wildlife
agency, a

[[Page S6823]]

Federal public land management official shall exercise the
authority of the official under existing law (including
provisions regarding land use planning) to facilitate use of
and access to Federal public land for recreational fishing,
hunting, and recreational shooting except as limited by--
(A) any law that authorizes action or withholding action
for reasons of national security, public safety, or resource
conservation;
(B) any other Federal law that precludes recreational
fishing, hunting, or recreational shooting on specific
Federal public land or water or units of Federal public land;
and
(C) discretionary limitations on recreational fishing,
hunting, and recreational shooting determined to be necessary
and reasonable as supported by the best scientific evidence
and advanced through a transparent public process.
(2) Management.--Consistent with paragraph (1), the head of
each Federal public land management agency shall exercise the
land management discretion of the head--
(A) in a manner that supports and facilitates recreational
fishing, hunting, and recreational shooting opportunities;
(B) to the extent authorized under applicable State law;
and
(C) in accordance with applicable Federal law.
(3) Planning.--
(A) Effects of plans and activities.--
(i) Evaluation of effects on opportunities to engage in
recreational fishing, hunting, or recreational shooting.--
Federal public land planning documents (including land
resources management plans, resource management plans, travel
management plans, and energy development plans) shall include
a specific evaluation of the effects of the plans on
opportunities to engage in recreational fishing, hunting, or
recreational shooting.
(ii) Other activity not considered.--

(I) In general.--Federal public land management officials
shall not be required to consider the existence or
availability of recreational fishing, hunting, or
recreational shooting opportunities on private or public land
that is located adjacent to, or in the vicinity of, Federal
public land for purposes of--

(aa) planning for or determining which units of Federal
public land are open for recreational fishing, hunting, or
recreational shooting; or
(bb) setting the levels of use for recreational fishing,
hunting, or recreational shooting on Federal public land.

(II) Enhanced opportunities.--Federal public land
management officials may consider the opportunities described
in subclause (I) if the combination of those opportunities
would enhance the recreational fishing, hunting, or shooting
opportunities available to the public.

(B) Use of volunteers.--If hunting is prohibited by law,
all Federal public land planning document described in
subparagraph (A)(i) 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 land
unless the head of the agency demonstrates, based on the best
scientific data available or applicable Federal law, why
skilled volunteers should not be used to control
overpopulation of wildlife on the land that is the subject of
the planning document.
(4) Bureau of land management and forest service land.--
(A) Land open.--
(i) In general.--Land under the jurisdiction of the Bureau
of Land Management or the Forest Service (including a
component of the National Wilderness Preservation System,
land designated as a wilderness study area or
administratively classified as wilderness eligible or
suitable, and primitive or semiprimitive areas, but excluding
land on the outer Continental Shelf) shall be open to
recreational fishing, hunting, and recreational shooting
unless the managing Federal public land agency acts to close
the land to such activity.
(ii) Motorized access.--Nothing in this subparagraph
authorizes or requires motorized access or the use of
motorized vehicles for recreational fishing, hunting, or
recreational shooting purposes within land designated as a
wilderness study area or administratively classified as
wilderness eligible or suitable.
(B) Closure or restriction.--Land described in subparagraph
(A) 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, as determined
appropriate by the Director of the Bureau of Land Management
or the Chief of the Forest Service, as applicable.
(C) Shooting ranges.--
(i) In general.--Except as provided in clause (iii), the
head of each Federal public land agency may use the
authorities of the head, in a manner consistent with this
section and other applicable law--

(I) to lease or permit use of land under the jurisdiction
of the head for shooting ranges; and
(II) to designate specific land under the jurisdiction of
the head for recreational shooting activities.

(ii) Limitation on liability.--Any designation under clause
(i)(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
recreational shooting activity occurring at or on the
designated land.
(iii) Exception.--The head of each Federal public land
agency shall not lease or permit use of Federal public land
for shooting ranges or designate land for recreational
shooting activities within including a component of the
National Wilderness Preservation System, land designated as a
wilderness study area or administratively classified as
wilderness eligible or suitable, and primitive or
semiprimitive areas.
(5) Report.--Not later than October 1 of every other year,
beginning with the second October 1 after the date of
enactment of this Act, the head of each Federal public land
agency who has authority to manage Federal public land on
which recreational 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--
(A) any Federal public land administered by the agency head
that was closed to recreational fishing, hunting, or
recreational shooting at any time during the preceding year;
and
(B) the reason for the closure.
(6) Closures or significant restrictions of 1,280 or more
acres.--
(A) In general.--Other than closures established or
prescribed by land planning actions referred to in paragraph
(4)(B) or emergency closures described in subparagraph (C), a
permanent or temporary withdrawal, change of classification,
or change of management status of Federal public land or
water that effectively closes or significantly restricts
1,280 or more contiguous acres of Federal public land or
water to access or use for recreational fishing or hunting or
activities relating to fishing or hunting shall take effect
only if, before the date of withdrawal or change, the head of
the Federal public land agency that has jurisdiction over the
Federal public land or water--
(i) publishes appropriate notice of the withdrawal or
change, respectively;
(ii) demonstrates that coordination has occurred with a
State fish and wildlife agency; and
(iii) 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.
(B) Aggregate or cumulative effects.--If the aggregate or
cumulative effect of separate withdrawals or changes
effectively closes or significant restrictions affects 1,280
or more acres of land or water, the withdrawals and changes
shall be treated as a single withdrawal or change for
purposes of subparagraph (A).
(C) Emergency closures.--
(i) In general.--Nothing in this section prohibits a
Federal public land management agency from establishing or
implementing emergency closures or restrictions of the
smallest practicable area of Federal public land to provide
for public safety, resource conservation, national security,
or other purposes authorized by law.
(ii) Termination.--An emergency closure under clause (i)
shall terminate after a reasonable period of time unless the
temporary closure is converted to a permanent closure
consistent with this subsection.
(7) No priority.--Nothing in this section requires a
Federal agency to give preference to recreational fishing,
hunting, or recreational shooting over other uses of Federal
public land or over land or water management priorities
established by other Federal law.
(8) Consultation with councils.--In carrying out this
section, the heads of Federal public land agencies shall
consult with the appropriate advisory councils established
under Executive Order 12962 (16 U.S.C. 1801 note; relating to
recreational fisheries) and Executive Order 13443 (16 U.S.C.
661 note; relating to facilitation of hunting heritage and
wildlife conservation).
(9) Authority of states.--
(A) In general.--Nothing in this section interferes with,
diminishes, or conflicts 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.
(B) Federal licenses.--
(i) In general.--Except as provided in clause (ii), nothing
in this section authorizes the head of a Federal public land
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 State.
(ii) Migratory bird stamps.--This subparagraph shall not
affect any migratory bird stamp requirement of the Migratory
Bird Hunting and Conservation Stamp Act (16 U.S.C. 718a et
seq.).
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