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H.R. 3590 — what changed

Sportsmen’s Heritage And Recreational Enhancement Act

From Introduced in House to Engrossed in House. 7 sections amended and 6 added between Introduced in House and Engrossed in House.

Section 1 Short title

changed This Act may be cited as the “Sportsmen’s Heritage And Recreational Enhancement Act of 2013” Act” or the “SHARE Act of 2013”.Act”.

Sec. 3 Report on economic impact

added

added Not later than 12 months after the date of the enactment of this Act, the Secretary of Interior shall submit a report to Congress that assesses expected economic impacts of the Act. Such report shall include—

(1)
added a review of any expected increases in recreational hunting, fishing, shooting, and conservation activities;
(2)
added an estimate of any jobs created in each industry expected to support such activities described in paragraph (1), including in the supply, manufacturing, distribution, and retail sectors;
(3)
added an estimate of wages related to jobs described in paragraph (2); and
(4)
added an estimate of anticipated new local, State, and Federal revenue related to jobs described in paragraph (2).

Sec. 401 Short title

changed This title may be cited as the “Polar Bear Conservation and Fairness Act of 2013”.Act”.

Sec. 402 Permits for importation of polar bear trophies taken in sport hunts in Canada

Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:

“(D)

“(i) The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30-day period under subsection (d)(2), issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person—

“(I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or

“(II) who has submitted, in support of a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested by the person before May 15, 2008, from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations.

“(ii) The Secretary shall issue permits under clause (i)(I) without regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). This clause shall not apply to polar bear parts that were imported before June 12, 1997.

changed “(iii) The Secretary shall issue permits under clause (i)(II) without regard to subparagraph (C)(ii) of this paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). This clause shall not apply to polar bear parts that were imported before the date of enactment of the Polar Bear Conservation and Fairness Act of 2013.”Act.”

Sec. 501 Short title

changed This title may be cited as the “Permanent Electronic Duck Stamp Act of 2013”.Act”.

Sec. 601 Short title

changed This title may be cited as the “Recreational Lands Self-Defense Act of 2013”.Act”.

Sec. 701 Wildlife and Hunting Heritage Conservation Council Advisory Committee

The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is amended by adding at the end the following:

“10. Wildlife and Hunting Heritage Conservation Council Advisory Committee

“(a) Establishment—There is hereby established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (in this section referred to as the Advisory Committee) to advise the Secretaries of the Interior and Agriculture on wildlife and habitat conservation, hunting, and recreational shooting.

“(b) Duties of the advisory committee—The Advisory Committee shall advise the Secretaries with regard to—

“(1) implementation of Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation, which directs Federal agencies “to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat”;

“(2) policies or programs to conserve and restore wetlands, agricultural lands, grasslands, forest, and rangeland habitats;

“(3) policies or programs to promote opportunities and access to hunting and shooting sports on Federal lands;

“(4) policies or programs to recruit and retain new hunters and shooters;

“(5) policies or programs that increase public awareness of the importance of wildlife conservation and the social and economic benefits of recreational hunting and shooting; and

“(6) policies or programs that encourage coordination among the public, the hunting and shooting sports community, wildlife conservation groups, and States, tribes, and the Federal Government.

“(c) Membership

“(1) Appointment

“(A) In general—The Advisory Committee shall consist of no more than 16 discretionary members and 7 ex officio members.

“(B) Ex officio members—The ex officio members are—

“(i) the Director of the United States Fish and Wildlife Service or a designated representative of the Director;

“(ii) the Director of the Bureau of Land Management or a designated representative of the Director;

“(iii) the Director of the National Park Service or a designated representative of the Director;

“(iv) the Chief of the Forest Service or a designated representative of the Chief;

“(v) the Chief of the Natural Resources Conservation Service or a designated representative of the Chief;

“(vi) the Administrator of the Farm Service Agency or a designated representative of the Administrator; and

“(vii) the Executive Director of the Association of Fish and Wildlife Agencies.

“(C) Discretionary members—The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following:

“(i) State fish and wildlife agencies.

“(ii) Game bird hunting organizations.

“(iii) Wildlife conservation organizations.

“(iv) Big game hunting organizations.

“(v) Waterfowl hunting organizations.

“(vi) The tourism, outfitter, or guiding industry.

“(vii) The firearms or ammunition manufacturing industry.

“(viii) The hunting or shooting equipment retail industry.

changed “(ix) Hunting and shooting sports outreach and education Tribal resource management organizations.

changed “(x) Tribal resource management organizations.The agriculture industry.

changed “(xi) The agriculture ranching industry.

changed “(xii) The ranching industry.Women’s hunting and fishing advocacy, outreach, or education organization.

added “(xiii) Minority hunting and fishing advocacy, outreach, or education organization.

added “(xiv) Veterans service organization.

“(D) Eligibility—Prior to the appointment of the discretionary members, the Secretaries shall determine that all individuals nominated for appointment to the Advisory Committee, and the organization each individual represents, actively support and promote sustainable-use hunting, wildlife conservation, and recreational shooting.

“(2) Terms

“(A) In general—Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms.

“(B) Terms of initial appointees—As designated by the Secretary at the time of appointment, of the members first appointed—

“(i) 6 members shall be appointed for a term of 4 years;

“(ii) 5 members shall be appointed for a term of 3 years; and

“(iii) 5 members shall be appointed for a term of 2 years.

“(3) Preservation of public advisory status—No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government.

“(4) Vacancy and removal

“(A) In general—Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made.

“(B) Removal—Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause.

“(5) Continuation of service—Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed.

“(6) Chairperson—The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms.

added “(7) Pay and expenses—Members of the Advisory Committee shall serve without pay for such service, but each member of the Advisory Committee may be reimbursed for travel and lodging incurred through attending meetings of the Advisory Committee approved subgroup meetings in the same amounts and under the same conditions as Federal employees (in accordance with section 5703 of title 5, United States Code).

removed “(7) Pay and expenses—Members of the Advisory Committee shall serve without pay for such service, but each member of the Advisory Committee shall be reimbursed for travel and lodging incurred through attending meetings of the Advisory Committee approved subgroup meetings in the same amounts and under the same conditions as Federal employees (in accordance with section 5703 of title 5, United States Code).

“(8) Meetings

“(A) In general—The Advisory Committee shall meet at the call of the Secretaries, the chairperson, or a majority of the members, but not less frequently than twice annually.

“(B) Open meetings—Each meeting of the Advisory Committee shall be open to the public.

“(C) Prior notice of meetings—Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation.

“(D) Subgroups—The Advisory Committee may establish such workgroups or subgroups as it deems necessary for the purpose of compiling information or conducting research. However, such workgroups may not conduct business without the direction of the Advisory Committee and must report in full to the Advisory Committee.

“(9) Quorum—Nine members of the Advisory Committee shall constitute a quorum.

“(d) Expenses—The expenses of the Advisory Committee that the Secretaries determine to be reasonable and appropriate shall be paid by the Secretaries.

“(e) Administrative support, technical services, and advice—A designated Federal Officer shall be jointly appointed by the Secretaries to provide to the Advisory Committee the administrative support, technical services, and advice that the Secretaries determine to be reasonable and appropriate.

“(f) Annual report

“(1) Required—Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. If circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretaries shall advise the Chairpersons of each such Committee of the reasons for such delay and the date on which the submission of the report is anticipated.

“(2) Contents—The report required by paragraph (1) shall describe—

“(A) the activities of the Advisory Committee during the preceding year;

“(B) the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and

“(C) an accounting of actions taken by the Secretaries as a result of the recommendations.

“(g) Federal advisory committee act—The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).

added “(h) Abolishment of the existing wildlife and hunting heritage conservation council advisory committee—Upon publication of the first notice required under section 8(c) of the Wildlife and Hunting Heritage Conservation Council formed in furtherance of section 441 of the Revised Statutes (43 U.S.C. 1457), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus of the Department of the Interior is hereby abolished.”

removed “(h) Abolishment of the existing wildlife and hunting heritage conservation council advisory committee—Effective on the date of the enactment of this Act, the Wildlife and Hunting Heritage Conservation Council formed in furtherance of section 441 of the Revised Statutes (43 U.S.C. 1457), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), and other Acts applicable to specific bureaus of the Department of the Interior is hereby abolished.”

Sec. 804 Recreational fishing, hunting, and shooting

(a)
In general— Subject to valid existing rights and subsection (g), and cooperation with the respective State fish and wildlife agency, Federal public land management officials shall exercise authority under existing law, including provisions regarding land use planning, to facilitate use of and access to Federal public lands, including National Monuments, Wilderness Areas, Wilderness Study Areas, and lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas, for fishing, sport hunting, and recreational shooting, except as limited by—
(1)
statutory authority that authorizes action or withholding action for reasons of national security, public safety, or resource conservation;
(2)
any other Federal statute that specifically precludes recreational fishing, hunting, or shooting on specific Federal public lands, waters, or units thereof; and
(3)
discretionary limitations on recreational fishing, hunting, and shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process.
(b)
Management— Consistent with subsection (a), the head of each Federal public land management agency shall exercise its land management discretion—
(1)
in a manner that supports and facilitates recreational fishing, hunting, and shooting opportunities;
(2)
to the extent authorized under applicable State law; and
(3)
in accordance with applicable Federal law.
(c)
Planning—
(1)
Evaluation of effects on opportunities to engage in recreational fishing, hunting, or shooting— Federal public land planning documents, including land resources management plans, resource management plans, and comprehensive conservation plans, shall include a specific evaluation of the effects of such plans on opportunities to engage in recreational fishing, hunting, or shooting.
(2)
No major federal action— No action taken under this title, or under section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd), either individually or cumulatively with other actions involving Federal public lands or lands managed by the United States Fish and Wildlife Service, shall be considered to be a major Federal action significantly affecting the quality of the human environment, and no additional identification, analysis, or consideration of environmental effects, including cumulative effects, is necessary or required.
(3)
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.
(d)
Federal public lands—
(1)
Lands open— Lands under the jurisdiction of the Bureau of Land Management and the Forest Service, including Wilderness Areas, Wilderness Study Areas, lands designated as wilderness or administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas and National Monuments, but excluding lands on the Outer Continental Shelf, shall be open to recreational fishing, hunting, and shooting unless the managing Federal agency acts to close lands to such activity. Lands 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 interest, national security, or compliance with other law.
(2)
Shooting ranges—
(A)
In general— The head of each Federal agency shall use his or her authorities in a manner consistent with this title 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.
(B)
Limitation on liability— Any designation under subparagraph (A)(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 activity occurring at or on such designated lands.
(e)
Necessity in wilderness areas and “within and supplemental to” wilderness purposes—
(1)
changed 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 Federal wilderness areas shall constitute measures necessary to meet the minimum requirements for the administration of the wilderness area, provided that the provision of opportunities for hunting, fishing, and recreational shooting under the authority of this determination title shall not authorize or facilitate commodity development, use, or extraction, motorized recreational access access, road construction or maintenance, or use that is not otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et seq.), or permanent road construction or maintenance seq.) within designated wilderness areas.
(2)
changed Application of Wilderness Act— Provisions of the Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that wilderness purposes are “within and supplemental to” the purposes of the underlying Federal land unit are reaffirmed. When seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities on designated wilderness areas, the head of each Federal agency shall implement these supplemental purposes so as to facilitate, enhance, or both, but not to impede the underlying Federal land purposes when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities in designated wilderness areas, provided that such implementation the provision of opportunities for hunting, fishing, and recreational shooting under the authority of this title shall not authorize or facilitate commodity development, use or extraction, or permanent motorized recreational access, road construction or maintenance, or use that is not otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et seq.) within designated wilderness areas.
(f)
Report— Beginning on the second October 1 after the date of the enactment of this Act and biennially on October 1 thereafter, the head of each Federal agency who has authority to manage Federal public land on which 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—
(1)
any Federal public land administered by the agency head that was closed to recreational fishing, sport hunting, or shooting at any time during the preceding year; and
(2)
the reason for the closure.
(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, 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 1,280 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 title 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 title.
(h)
changed National park service units not affected— Nothing Except as provided by subsection (l), nothing in this title shall affect or modify management or use of units of the National Park System.
(i)
No priority— Nothing in this title requires a Federal land management agency to give preference to recreational fishing, hunting, or shooting over other uses of Federal public land or over land or water management priorities established by Federal law.
(j)
Consultation with councils— In fulfilling the duties set forth in this title, the heads of Federal agencies shall consult with respective advisory councils as established in Executive Order Nos. 12962 and 13443.
(k)
Authority of the States—
(1)
In general— Nothing in this title shall be construed as interfering with, diminishing, or conflicting with the authority, jurisdiction, or responsibility of any State to exercise primary management, control, or regulation of fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land.
(2)
changed Federal licenses— Nothing in this title shall be construed to authorize the head of a Federal 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 States, except that this paragraph shall not affect the Migratory Bird Stamp requirement set forth in the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.).
(l)
added Motorized vessels in the Ozark National Scenic Riverways— The Secretary of the Interior—
(1)
added shall manage the Ozark National Scenic Riverways to allow the use of motorized vessels in a manner that is not more restrictive than the use restrictions in effect on November 21, 2013; and
(2)
added may manage the Ozark National Scenic Riverways to allow the use of motorized vessels in a manner that is less restrictive than the use restrictions in effect on November 21, 2013.

Sec. 805 Restrictions on hunting in Kisatchie National Forest

added
(a)
added Hunting in Kisatchie National Forest— Consistent with the Act of June 4, 1897 (16 U.S.C. 551), the Secretary of Agriculture may not restrict the use of dogs in deer hunting activities in Kisatchie National Forest, unless such restrictions—
(1)
added apply to the smallest practicable portions of such unit; and
(2)
added are necessary to reduce or control trespass onto land adjacent to such unit.
(b)
added Prior restrictions void— Any restrictions regarding the use of dogs in deer hunting activities in Kisatchie National Forest in force on the date of the enactment of this Act shall be void and have no force or effect.
(c)
added Adjacent landowners— Landowners whose property abuts a unit of the Kisatchie National Forest may petition the Secretary of Agriculture to restrict the use of dogs in deer hunting activities that take place on such unit which abut their property. If the Secretary of Agriculture receives a petition from an adjacent landowner, the Secretary, after notice and opportunity for a hearing, may impose restrictions on the use of dogs in deer hunting—
(1)
added limited to those units of the Kisatchie National Forest within 300 yards of the boundary of the petitioning landowner’s property; and
(2)
added consistent with subsection (a).

Sec. 901 Respect for Treaties and Rights

added

added Nothing in this Act or the amendments made by this Act shall be construed to affect or modify any treaty or other right of any federally recognized Indian tribe.

Sec. 1001 Short title

added

added This title may be cited as the “Hunter and Farmer Protection Act”.

Sec. 1002 Exemptions on certain land

added

added Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended by adding at the end the following:

added “(c) Exemptions on certain land

added “(1) In general—Nothing in this section prohibits the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over land that—

added “(A) contains—

added “(i) a standing crop or flooded standing crop, including an aquatic crop;

added “(ii) standing, flooded, or manipulated natural vegetation;

added “(iii) flooded harvested cropland; or

added “(iv) an area in a State on which seed or grain has been scattered solely as the result of an agricultural planting, harvesting, or post-harvest manipulation practice, or a soil stabilization practice, that the head of the State office of the Cooperative Extension System of the Department of Agriculture has determined in accordance with paragraph (2) to be a normal practice in that State; and

added “(B) is not otherwise a baited area.

added “(2) State determinations

added “(A) In general—The head of a State office of the Cooperative Extension System may make a determination for purposes of paragraph (1)(A)(iv) upon the request of the Secretary of the Interior.

added “(B) Revisions—The head of a State office of the Cooperative Extension System may revise a determination under subparagraph (A) as the head of a State office determines to be necessary to reflect changing agricultural practices.

added “(C) Concurrence required—A determination or revision under this paragraph shall not be effective for purposes of this subsection unless the head of the State department of fish and wildlife concurs therein.”

Sec. 1101 Findings and purpose

added
(a)
added Findings— Congress finds the following:
(1)
added The clear identification of roads, trails, and areas for motor vehicle use in each National Forest will improve management of National Forest System lands and protect these national treasures, enhance opportunities, and address access for motorized recreation experiences on National Forest System lands and preserve areas of opportunity in each National Forest for non-motorized travel and experiences.
(2)
added The sport of snowmobiling supports thousands of jobs across the country and provides a variety of enriching recreational opportunities for both families and individuals.
(3)
added In 2005, the Forest Service promulgated a Travel Management Rule that required travel management plans for off-road vehicles, with the exception of snowmobiles, on all lands managed by the Forest Service.
(4)
added Under the 2005 Travel Management Rule, the Department of Agriculture deemed that the use of snowmobiles on National Forest System lands presented a different set of management issues and environmental impacts on National Forest System lands than the use of other types of motor vehicles. Therefore, the final rule exempted snowmobiles from the mandatory designation scheme provided for under section 212.51 of title 36, Code of Federal Regulations, but retained the National Forest System’s ability to allow, restrict or prohibit snowmobile travel, as appropriate, on a case-by-case basis.
(5)
added In 2013, the Ninth U.S. District Court of Idaho ruled in the case captioned as Winter Wildlands Alliance v. US Forest Service, Case No. 1:11–cv–00586–REB, ruled that the Forest Service must promulgate travel management rules that include snowmobiles. The Ninth U.S. District Court of Idaho required that the final rule be promulgated by September 14, 2014, barring no additional extension.
(b)
added Sense of Congress— It is the sense of Congress that the Forest Service should continue to allow snowmobiles access to National Forest System lands at the same levels as were allowed as of March 28, 2013, subject to closures for public health and safety at the discretion of the respective agencies, until a final travel management rule is promulgated for snowmobiles.