H. R. 3440
IN THE HOUSE OF REPRESENTATIVES
November 16, 2011
Mr. Flake (for himself, Mr. Bishop of Utah, Mr. Franks of Arizona, Mr. Akin, Mr. Pompeo, Mr. Broun of Georgia, Mr. Hunter, Mr. Farenthold, Mr. Gallegly, Mr. Hultgren, and Mr. Walsh of Illinois) introduced the following bill; which was referred to the Committee on Natural Resources
To provide for certain oversight and approval on any decisions to close National Monument land under the jurisdiction of the Bureau of Land Management to recreational shooting, and for other purposes.
This Act may be cited as the
Recreational Shooting Protection
In this Act:
The term Director means the Director of the Bureau of Land Management.
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; 16 U.S.C. 431 et seq.).
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.
Subject to valid existing rights, National Monument land under the jurisdiction of the Bureau of Land Management shall be open to access and use for recreational shooting, except such closures and restrictions determined by the Director to be necessary and reasonable and supported by facts and evidence for one or more of the following:
Reasons of national security.
Reasons of public safety.
To comply with an applicable Federal statute.
Except as set forth in paragraph (2)(B), before a restriction or closure under subsection (a) is made effective, the Director shall—
publish public notice of such closure or restriction in a newspaper of general circulation in the area where the closure or restriction will be carried out; and
submit to Congress a report detailing the location and extent of, and evidence justifying, such a closure or restriction.
The Director shall issue the notice and report required under paragraph (1)—
before the closure if practicable without risking national security or public safety; and
in cases where such issuance is not practicable for reasons of national security or public safety, not later than 30 days after the closure.
Cessation of closure or restriction
A closure or restriction under paragraph (1) or (2) of subsection (a) shall cease to be effective—
effective on the day after the last day of the six-month period beginning on the date on which the Director submitted the report to Congress under subsection (b)(2) regarding the closure or restriction, unless the closure or restriction has been approved by Federal law; and
30 days after the date of the enactment of a Federal law disapproving the closure or restriction.
Consistent with subsection (a), the Director shall manage National Monument land under the jurisdiction of the Bureau of Land Management—
in a manner that supports, promotes, and enhances recreational shooting opportunities;
to the extent authorized under State law (including regulations); and
in accordance with applicable Federal law (including regulations).
Limitation on duplicative closures or restrictions
Director may not issue a closure or restriction under subsection (a) that is substantially similar to closure or restriction previously issued that was not approved by Federal law.
Effective date for prior closures and restrictions
On the date that is six months after the date of the enactment of this Act, this Act shall apply to closures and restrictions in place on the date of the enactment of this Act that relate to access and use for recreational shooting on National Monument land under the jurisdiction of the Bureau of Land Management.
Not later than October 1 of each year, the Director 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 that was closed to recreational shooting or on which recreational shooting was restricted at any time during the preceding year; and
the reason for the closure.
Nothing in this Act requires the Director to give preference to recreational shooting over other uses of Federal public land or over land or water management priorities established by Federal law.
Authority of the states
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.
Nothing in this Act 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.