Directs the head of each Federal agency with authority to manage a natural resource or public lands on which such a resource depends to exercise that authority in a manner so as to support, promote, and enhance recreational hunting opportunities.
Declares that Federal land management decisions and actions should result in no net loss of land area available for hunting opportunities on Federal public lands.
Requires the heads of Federal agencies with authority to manage Federal public lands on which recreational hunting occurs to report annually to specified congressional committees on areas administered that have been closed during the previous year to recreational hunting and reasons for such closures and on areas that were open to such hunting to compensate for closed areas.
Prohibits a withdrawal, change of classification, or change of management status, that effectively closes 5,000 or more acres of Federal public land for use for recreational hunting, from occurring unless the head of the Federal agency with authority to manage the land has submitted written notice of the action to both Houses of Congress.
Grants States the right to file civil actions in district courts in cases where Federal agencies fail to comply with State authority to manage or regulate fish and wildlife.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1204 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1204
To recognize the heritage of hunting and provide opportunities for
continued hunting on Federal public land.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 5, 2003
Mr. Chambliss (for himself and Mr. Miller) introduced the following
bill; which was read twice and referred to the Committee on Energy and
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) recreational 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) recreational hunting is an essential component of
effective wildlife management by--
(A) reducing conflicts between people and wildlife;
and
(B) 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) recreational hunting is an environmentally acceptable
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 on which a natural resource
depends.
(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--
(A) pursuit, trapping, shooting, capture,
collection, or killing of wildlife; or
(B) attempt to pursue, trap, shoot, capture,
collect, or kill wildlife.
SEC. 4. RECREATIONAL HUNTING.
(a) In General.--Subject to valid existing rights, Federal public
land shall be open to access and use for recreational 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 closure authorized by
applicable Federal law; and
(2) any law (including regulations) of the State in which
the Federal public land is located that is applicable to
recreational hunting.
(b) Management.--Consistent with subsection (a), each agency head
shall manage Federal public land under the jurisdiction of the agency
head--
(1) in a manner that supports, promotes, and enhances
recreational hunting opportunities;
(2) to the extent authorized under State law (including
regulations); and
(3) in accordance with applicable Federal law (including
regulations).
(c) No Net Loss.--
(1) In general.--Federal public land management decisions
and actions should, to the maximum extent practicable, result
in no net loss of land area available for hunting opportunities
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 recreational hunting occurs shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a
report that describes--
(A)(i) any Federal public land administered by the
agency head that was closed to recreational hunting at
any time during the preceding year; and
(ii) the reason for the closure; and
(B) areas administered by the agency head that were
opened to recreational hunting to compensate for the
closure 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 5,000 or more acres of Federal public land
to access or use for recreational 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 Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
written notice of the withdrawal or change.
(d) Areas Not Affected.--Nothing in this Act compels the opening to
recreational 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 (including
regulations) 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).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7495)
Read twice and referred to the Committee on Energy and Natural Resources.
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