S.Amdt. 3499
What it does: Adds SEC. 1_____. RECREATIONAL SHOOTING PROTECTION at the end of title I
Sen. Jeff Flake (R-AZ)What it changes
1 change to S. 2363 · shown in the bill's text
Adds SEC. 1_____. RECREATIONAL SHOOTING PROTECTION at the end of title I
Adds a sectionIn S. 2363 · Placed on Calendar Senate
(2) by striking "similar project" and inserting "similar projects".
Inserted: SEC. 1_____. RECREATIONAL SHOOTING PROTECTION.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Chief.--The term "Chief" means the Chief of the Forest Service.
Inserted: (2) Director.--The term "Director" means the Director of the Bureau of Land Management.
Inserted: (3) National forest system.--The term "National Forest System" has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
Inserted: (4) 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 of 1906") (16 U.S.C. 431 et seq.).
Inserted: (5) 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.
Inserted: (b) Recreational Shooting.--
Inserted: (1) In general.--Subject to valid existing rights, National Monument land under the jurisdiction of the Bureau of Land Management and land of the National Forest System under the jurisdiction of the Forest Service shall be open to access and use for recreational shooting, except those closures and restrictions determined by the Director or Chief, as applicable, to be necessary and reasonable and supported by facts and evidence for 1 or more of the following:
Inserted: (A) Reasons of national security.
Inserted: (B) Reasons of public safety.
Inserted: (C) To comply with an applicable Federal law (including regulations).
Show 28 more inserted paragraphsShow less
Inserted: (2) Notice; report.--
Inserted: (A) Requirement.--Except as provided in subparagraph (B)(ii), before a restriction or closure under paragraph (1) is made effective, the Director or Chief, as applicable, shall--
Inserted: (i) publish public notice of the closure or restriction in a newspaper of general circulation in the area where the closure or restriction will be carried out; and
Inserted: (ii) submit to Congress a report detailing the location and extent of, and evidence justifying, the closure or restriction.
Inserted: (B) Timing.--The Director or Chief, as applicable, shall issue the notice and report required under subparagraph (A)--
Inserted: (i) before the closure, if practicable without risking national security or public safety; and
Inserted: (ii) in cases where such issuance is not practicable for reasons of national security or public safety, not later than 30 days after the closure.
Inserted: (3) Cessation of closure or restriction.--A closure or restriction under subparagraph (A) or (B) of paragraph (1) shall cease to be effective, as applicable--
Inserted: (A) on the day after the last day of the 180-day period beginning on the date on which the Director or Chief, as applicable, submits the report to Congress under paragraph (2)(B) regarding the closure or restriction, unless the closure or restriction has been approved by Federal law; and
Inserted: (B) on the date that is 30 days after the date of enactment of a Federal law disapproving the closure or restriction.
Inserted: (4) Management.--Consistent with paragraph (1), the Director shall manage National Monument land under the jurisdiction of the Bureau of Land Management and the Chief shall manage land of the National Forest System under the jurisdiction of the Forest Service--
Inserted: (A) in a manner that supports, promotes, and enhances recreational shooting opportunities;
Inserted: (B) to the extent authorized under State law (including regulations); and
Inserted: (C) in accordance with applicable Federal law (including regulations).
Inserted: (5) Limitation on duplicative closures or restrictions.--The Director or Chief, as applicable, may not issue a closure or restriction under paragraph (1) that is substantially similar to a previously issued closure or restriction that was not approved by Federal law.
Inserted: (6) Effective date for prior closures and restrictions.--On the date that is 180 days after the date of enactment of this Act, this section shall apply to closures and restrictions in place on the date of enactment of this Act that relate to access and use for recreational shooting on--
Inserted: (A) National Monument land under the jurisdiction of the Bureau of Land Management; and
Inserted: (B) land of the National Forest System under the jurisdiction of the Forest Service.
Inserted: (7) Annual report.--Not later than October 1 of each year, the Director and Chief, as applicable, 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 any National Monument land under the jurisdiction of the Bureau of Land Management any land of the National Forest System under the jurisdiction of the Forest Service--
Inserted: (A) that was closed to recreational shooting or on which recreational shooting was restricted at any time during the preceding year; and
Inserted: (B) the reason for the closure.
Inserted: (8) No priority.--Nothing in this section requires the Director of Chief, as applicable, to give preference to recreational shooting over other uses of Federal public land or over land or water management priorities established by Federal law.
Inserted: (9) Authority of the states.--
Inserted: (A) Savings.--Nothing in this section 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.
Inserted: (B) Federal licenses.--Nothing in this section 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.
Inserted: (10) Authority of director and chief.--Nothing in this section affects the ability of the Director or Chief, as applicable--
Inserted: (A) to prohibit the use of tannerite, binary explosive targets, or other explosive devices pursuant to Federal law (including regulations); and
Inserted: (B) temporarily close all or a portion of an area during periods of high fire danger.
Original wording
At the end of title I, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3499. Mr. FLAKE submitted an amendment intended to be proposed by him to the bill S. 2363, 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 title I, add the following:
SEC. 1_____. RECREATIONAL SHOOTING PROTECTION.
(a) Definitions.--In this section:
(1) Chief.--The term “Chief” means the Chief of the Forest Service.
(2) Director.--The term “Director” means the Director of the Bureau of Land Management.
(3) National forest system.--The term “National Forest System” has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(4) 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 of 1906”) (16 U.S.C. 431 et seq.).
(5) 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.
(b) Recreational Shooting.--
(1) In general.--Subject to valid existing rights, National Monument land under the jurisdiction of the Bureau of Land Management and land of the National Forest System under the jurisdiction of the Forest Service shall be open to access and use for recreational shooting, except those closures and restrictions determined by the Director or Chief, as applicable, to be necessary and reasonable and supported by facts and evidence for 1 or more of the following:
(A) Reasons of national security.
(B) Reasons of public safety.
(C) To comply with an applicable Federal law (including regulations).
(2) Notice; report.--
(A) Requirement.--Except as provided in subparagraph (B)(ii), before a restriction or closure under paragraph (1) is made effective, the Director or Chief, as applicable, shall--
(i) publish public notice of the closure or restriction in a newspaper of general circulation in the area where the closure or restriction will be carried out; and
(ii) submit to Congress a report detailing the location and extent of, and evidence justifying, the closure or restriction.
(B) Timing.--The Director or Chief, as applicable, shall issue the notice and report required under subparagraph (A)--
(i) before the closure, if practicable without risking national security or public safety; and
(ii) in cases where such issuance is not practicable for reasons of national security or public safety, not later than 30 days after the closure.
(3) Cessation of closure or restriction.--A closure or restriction under subparagraph (A) or (B) of paragraph (1) shall cease to be effective, as applicable--
(A) on the day after the last day of the 180-day period beginning on the date on which the Director or Chief, as applicable, submits the report to Congress under paragraph (2)(B) regarding the closure or restriction, unless the closure or restriction has been approved by Federal law; and
(B) on the date that is 30 days after the date of enactment of a Federal law disapproving the closure or restriction.
(4) Management.--Consistent with paragraph (1), the Director shall manage National Monument land under the jurisdiction of the Bureau of Land Management and the Chief shall manage land of the National Forest System under the jurisdiction of the Forest Service--
(A) in a manner that supports, promotes, and enhances recreational shooting opportunities;
(B) to the extent authorized under State law (including regulations); and
(C) in accordance with applicable Federal law (including regulations).
(5) Limitation on duplicative closures or restrictions.--The Director or Chief, as applicable, may not issue a closure or restriction under paragraph (1) that is substantially similar to a previously issued closure or restriction that was not approved by Federal law.
(6) Effective date for prior closures and restrictions.--On the date that is 180 days after the date of enactment of this Act, this section shall apply to closures and restrictions in place on the date of enactment of this Act that relate to access and use for recreational shooting on--
(A) National Monument land under the jurisdiction of the Bureau of Land Management; and
(B) land of the National Forest System under the jurisdiction of the Forest Service.
(7) Annual report.--Not later than October 1 of each year, the Director and Chief, as applicable, 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 any National Monument land under the jurisdiction of the Bureau of Land Management any land of the National Forest System under the jurisdiction of the Forest Service--
(A) that was closed to recreational shooting or on which recreational shooting was restricted at any time during the preceding year; and
(B) the reason for the closure.
(8) No priority.--Nothing in this section requires the Director of Chief, as applicable, to give preference to recreational shooting over other uses of Federal public land or over land or water management priorities established by Federal law.
(9) Authority of the states.--
(A) Savings.--Nothing in this section 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.
(B) Federal licenses.--Nothing in this section 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.
(10) Authority of director and chief.--Nothing in this section affects the ability of the Director or Chief, as applicable--
(A) to prohibit the use of tannerite, binary explosive targets, or other explosive devices pursuant to Federal law (including regulations); and
(B) temporarily close all or a portion of an area during periods of high fire danger.
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Senate amendment submitted
July 9, 2014