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Union Calendar No. 496
106th CONGRESS
2d Session
H. R. 4790
[Report No. 106-838]
To recognize hunting heritage and provide opportunities for continued
hunting on public lands.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2000
Mr. Chambliss (for himself, Mr. Young of Alaska, Mr. Peterson of
Minnesota, Mr. Cunningham, Mr. Pickering, Mr. Green of Wisconsin, Mr.
Thune, and Mr. Hansen) introduced the following bill; which was
referred to the Committee on Resources
September 12, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
29, 2000]
_______________________________________________________________________
A BILL
To recognize hunting heritage and provide opportunities for continued
hunting on public lands.
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.
The Congress finds the following:
(1) Recreational hunting is an important and traditional
recreational activity in which 14,000,000 Americans 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 related to hunting
provide direct assistance to wildlife managers and enforcement
officers of Federal, 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, in that it is an important tool
for reducing conflicts between people and wildlife and provides
incentives for the conservation of wildlife and habitats and
ecosystems on which wildlife depends.
(6) Each State has established at least one agency staffed
by professionally trained wildlife management personnel, that
has legal authority to manage the wildlife in the State.
(7) Recreational hunting is an environmentally acceptable
activity that occurs and can be provided for on Federal public
lands without adverse effects on other uses of that land and
water.
SEC. 3. RECREATIONAL HUNTING.
(a) In General.--Subject to valid existing rights, Federal public
lands shall be open to access and use for recreational hunting except--
(1) as limited by the Federal agency with responsibility
for Federal public lands--
(A) for reasons of national security;
(B) for reasons of public safety; or
(C) for reasons authorized in applicable Federal
statutes as reasons for closure; and
(2) as recreational hunting is limited by the State in
which the Federal public lands are located.
(b) Management.--The head of each Federal agency with authority to
manage a natural resource or Federal public lands on which a natural
resource depends shall exercise that authority, consistent with
subsection (a), in a manner so as to support, promote, and enhance
recreational hunting opportunities, to the extent authorized under
State law and regulation and in accordance with applicable Federal law.
(c) No Net Loss.--
(1) In general.--Federal land management decisions and
actions should, to the greatest extent practicable, result in
no net loss of land area available for hunting opportunities on
Federal public lands.
(2) Annual report.--Not later than October 1 of each year,
the head of each Federal agency with authority to manage
Federal public lands 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 describing--
(A) areas administered by the agency that have been
closed during the previous year to recreational hunting
and the reasons for such closure; and
(B) areas administered by the agency that were open
to recreational hunting to compensate for those areas
described under subparagraph (A).
(d) Areas Not Affected.--Nothing in this Act shall be construed to
compel the opening to recreational hunting of national parks or
national monuments administered by the National Park Service.
(e) No Priority.--This section does not require a Federal agency to
give preference to hunting over other uses of Federal public lands, or
over land or water management priorities established in Federal law.
(f) Authority of the States.--
(1) Savings.--Nothing in this Act shall be construed as
affecting the authority, jurisdiction, or responsibility of the
several States to manage, control, or regulate fish and
resident wildlife under State law or regulations on land or
water within a State, including Federal public lands, nor as
impliedly preempting such State authority.
(2) Federal licenses.--Nothing in this Act shall be
construed as authorizing the head of any Federal agency, or any
official of such an agency, to require licenses or permits to
hunt, fish or trap on lands or waters within a State, including
on Federal public lands.
(3) State right of action.--Any State aggrieved by the
failure of the head of a Federal agency or an official thereof
to comply with this subsection may file a civil action in the
United States District Court for the district in which the
alleged act in violation of this subsection occurred or is
occurring to enjoin permanently such act. The court may grant
preliminary injunctive relief in any such action if the
granting of such relief is appropriate under the facts on which
such action is based. A State which is a prevailing party in an
action pursuant to this paragraph shall be awarded its costs
and attorneys' fees.
SEC. 4. NATIONAL RECREATIONAL HUNTING COORDINATION COUNCIL.
(a) Establishment.--There is hereby established a National
Recreational Hunting Coordination Council (in this Act referred to as
the ``Council'').
(b) Recreational Hunting Resources Conservation Plan.--
(1) In general.--The Council, in cooperation with Federal
agencies, States, and tribes, and the hunting community, shall
develop a comprehensive recreational hunting and wildlife
resource conservation plan.
(2) Contents.--The plan shall--
(A) recommend short- and long-term actions to be
carried out by the Federal agencies identified in the
plan to conserve and restore wildlife habitat in a
manner so as to support, promote, facilitate, and
enhance recreational hunting opportunities on Federal
public lands; and
(B) include--
(i) a review and evaluation of Federal
policies that affect recreational hunting
opportunities on Federal public lands;
(ii) recommendations to ensure that Federal
agencies consider the social and economic
values of healthy wildlife habitat and
recreational hunting in land management
decisions;
(iii) recommended actions to be taken by
Federal agencies to facilitate and promote
hunting access to appropriate Federal public
lands;
(iv) recommended actions to facilitate the
transfer of the latest resource information and
management technologies to wildlife managers
and the public to assist in the conservation
and management of wildlife and the promotion of
hunting opportunities on Federal public lands;
(v) recommendations for improving Federal
agency cooperation with States, tribes,
wildlife conservation groups, and the hunting
community;
(vi) measurable objectives of efforts to
conserve and restore wildlife habitats that
support viable and healthy wildlife resources
that may be hunted;
(vii) a comprehensive mechanism to evaluate
the attainment of the objectives described in
clause (vi); and
(viii) an evaluation of the need for a
permanent National Recreational Hunting
Coordination Council.
(3) Integration.--To the extent practicable, the Council in
developing such plan shall integrate it with existing plans and
programs to reduce duplication of efforts.
(4) Submission of plan.--Not later than 18 months after the
date of enactment of this Act, the Council shall publish a
draft plan in the Federal Register and provide opportunity for
public review and comment. Not later than 3 years after the
date of enactment, the Council shall revise and update as
necessary the draft plan and submit a final plan to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, and
the President.
(c) Membership.--
(1) Number and appointment.--The Council shall consist of
11 members appointed as follows:
(A) 1 member appointed by the Secretary of the
Interior.
(B) 1 member appointed by the Secretary of
Agriculture.
(C) 1 member appointed by the Secretary of Defense.
(D) 1 member appointed by the Speaker of the House
of Representatives.
(E) 1 member appointed by the minority leader of
the House of Representatives.
(F) 1 member appointed by the majority leader of
the Senate.
(G) 1 member appointed by the minority leader of
the Senate.
(H) 2 members appointed by the President from among
the directors of State fish and wildlife agencies.
(I) 2 members appointed by the President to
represent recreational hunters.
(2) Vacancies.--A vacancy in the Council shall be filled in
the manner in which the original appointment was made.
(3) Pay.--Each member shall serve without pay.
(4) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(5) Chairperson.--The members of the Council shall elect a
Chairperson of the Council from among its members.
(d) Powers of Council.--
(1) Hearings and sessions.--The Council may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Council considers appropriate.
(2) Powers of members and agents.--Any member or agency of
the Council may, if authorized by the Council, take any action
which the Council is authorized to take by this subsection.
(e) Termination.--The Council shall terminate upon the earlier of
the date of submission of the final plan under subsection (b) or 3
years after the date of the enactment of this Act.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $250,000 for each of
fiscal years 2001 through 2003 to support the Council established under
this section.
(g) Effective Date.--This section shall become effective January
20, 2001.
SEC. 5. DEFINITIONS.
In this Act:
(1) Hunting.--The term ``hunting'' means the lawful
pursuit, hunting, trapping, shooting, capture, collection, or
killing of wildlife or the attempt to pursue, hunt, trap,
shoot, capture, collect, or kill wildlife.
(2) Federal public lands.--The term ``Federal public
lands'' means any land or water the title to which is in the
United States after the date of enactment of this Act.
Union Calendar No. 496
106th CONGRESS
2d Session
H. R. 4790
[Report No. 106-838]
_______________________________________________________________________
A BILL
To recognize hunting heritage and provide opportunities for continued
hunting on public lands.
_______________________________________________________________________
September 12, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Pages: 1 Other Popular 106th Congressional Bills Documents:
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