[House Report 112-444]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-444
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4089) TO PROTECT AND
ENHANCE OPPORTUNITIES FOR RECREATIONAL HUNTING, FISHING AND SHOOTING,
AND FOR OTHER PURPOSES
_______
April 16, 2012.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Bishop of Utah, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 614]
The Committee on Rules, having had under consideration
+House Resolution 614, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 4089, the
Sportsmen's Heritage Act of 2012, under a structured rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Natural Resources. The resolution waives all
points of order against consideration of the bill. The
resolution makes in order as original text for purpose of
amendment an amendment in the nature of a substitute consisting
of Rules Committee Print 112-19 and provides that it shall be
considered as read. The resolution waives all points of order
against the amendment in the nature of a substitute made in
order as original text. The resolution makes in order only
those amendments printed in this report. Each such amendment
may be offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in this
report. The resolution provides one motion to recommit with or
without instructions.
Section 2(a) of the resolution provides that the House-
passed budget resolution (H. Con. Res. 112) shall have force
and effect until the adoption of a conference report on the
budget resolution. Finally, Section 2(b) of the resolution
provides that the reconciliation directives, provided in the
House-passed budget resolution, to the Committee on Agriculture
be decreased by $490 million and the directives to the
Committee on Financial Services be increased by $490 million
for the period of fiscal years 2012 and 2013.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendment in the nature of a substitute made in order as
original text, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 208
Motion by Mr. Hastings of Florida to report an open rule.
Defeated: 2-8
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Majority Members Vote Minority Members Vote
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Mr. Sessions.................................... Nay Mr. Hastings of Florida........... Yea
Ms. Foxx........................................ Nay Mr. Polis......................... Yea
Mr. Bishop of Utah.............................. Nay
Mr. Woodall..................................... Nay
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 209
Motion by Mr. Hastings of Florida to make in order and
provide the appropriate waivers for amendment #10, offered by
Representative Connolly (VA), which would clarify that state
``Stand Your Ground Laws'' do not supersede federal public
safety laws. Defeated: 2-8
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions.................................... Nay Mr. Hastings of Florida........... Yea
Ms. Foxx........................................ Nay Mr. Polis......................... Yea
Mr. Bishop of Utah.............................. Nay
Mr. Woodall..................................... Nay
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Hastings, Doc (WA): Manager's Amendment--Would add
shooting ranges to the list of valid uses of public land and
clarifies the term ``wilderness areas'' by adding ``including
Wilderness Areas, Wilderness Study Areas, or lands
administratively classified as wilderness eligible or suitable
and primitive or semi-primitive areas.'' Would state that the
protection given to hunting in wilderness areas is not intended
to permit motorized recreation or mineral extraction and
reduces the reporting requirements. Would address technical
conflicts between Title I and Title II over certain Bureau of
Land Management land and would make several technical changes.
(10 minutes)
2. Holt (NJ): Would make a technical correction to clarify
that all units of the National Park System, not just National
Parks and National Monuments, are exempt from Title I. National
Park System units currently open for hunting or recreational
shooting would not be affected. (10 minutes)
3. Grijalva, Raul (AZ): Would make the new restrictions on
managing hunting, fishing and recreational shooting effective
only if the amount of land available for those purposes falls
below 75% of all federal public lands. (10 minutes)
4. Peters (MI): Would strike a provision in the underlying
bill allowing the importation of endangered polar bear trophies
from Canada by hunters who killed the bears despite warnings
that importation of the bears would likely be illegal. (10
minutes)
5. Fleming (LA): Would prohibit the Forest Service from
banning hunters with dogs during deer season on Kisatchie
National Forest. (10 minutes)
6. Bishop, Tim (NY): Would allow for recreational fishing
of Atlantic Striped Bass in the Block Island Sound transit
zone. (10 minutes)
7. Heinrich (NM): Would preserve hunting, fishing and
recreational shooting in wilderness areas by specifying that
the underlying bill will not allow development and motorized
recreation in wilderness. (10 minutes)
8. Foxx (NC): Would require Presidential monument
designations provided for under the Antiquities Act to be
approved by the state legislatures and governors where the
proposed monument is located. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Hastings of Washington
or His Designee, Debatable for 10 Minutes
Page 3, line 15, after ``of Federal public lands,'' insert
``including the establishment of safe and convenient shooting
ranges on such lands,''.
Page 5, line 4, strike ``; or'' and insert a semicolon.
Page 5, line 6, strike the period and insert ``; or''.
Page 5, after line 6, insert the following:
(iii) the training of hunting dogs,
including field trials.
Page 6, line 5, strike ``and waters'' and insert ``,
including Wilderness Areas, Wilderness Study Areas, or lands
administratively classified as wilderness eligible or suitable
and primitive or semi-primitive areas,''.
Page 7, line 20, after ``(16 U.S.C. 668dd),'' insert ``as
amended by the National Wildlife Refuge System Improvement Act
of 1997,''.
Page 8, strike lines 4 through 10 and insert the following:
(C) 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.
Page 8, line 13, strike ``of''' the first place it appears.
Page 8, line 15, strike ``agency'' and insert ``agencies''
Page 9, line 3, after ``Forest Service, including'' insert
``Wilderness Areas, Wilderness Study Areas,''.
Page 9, beginning at line 18, strike ``The head'' and all
that follows through line 21.
Page 9, strike lines 23 through page 10, line 4 and insert
the following:
(A) In general.--The head of each Federal
agency shall use his or her authorities in a
manner consistent with this Act 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.
Page 10, strike line 12 and all that follows through page 11,
line 3, and insert the following:
(e) Necessity in Wilderness Areas and ``Within and
Supplemental to'' Wilderness Purposes.--
(1) 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 wilderness areas on Federal
public lands shall constitute measures necessary to
meet the minimum requirements for the administration of
the wilderness area.
(2) The term ``within and supplemental to''
Wilderness purposes in section 4(a) of Public Law 88-
577, means that any requirements imposed by that Act
shall be implemented only insofar as they do not
prevent Federal public land management officials and
State fish and wildlife officials from carrying out
their wildlife conservation responsibilities or
providing recreational opportunities on the Federal
public lands subject to a wilderness designation.
(3) Paragraphs (1) and (2) are not intended to
authorize or facilitate commodity development, use, or
extraction, or motorized recreational access or use.
Page 11, strike line 4 and all that follows through line 6,
and insert the following:
(f) Report.--Not later than October 1 of every other year,
beginning with the second October 1 after the date of the
enactment of this Act, the head of each Federal agency who has
Page 11, line 9, strike ``publish in the Federal Register
and''.
Page 11, lines 14 through 18, redesignate subparagraphs (A)
and (B) as paragraphs (1) and (2), respectively (and conform
the margins accordingly).
Page 11, strike line 19 and all that follows through page 12,
line 23, and insert the following (and redesignate the
subsequent subsections accordingly):
(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 and 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 1280 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 Act
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 Act.
Page 12, after line 23, insert the following:
(3) National wildlife refuge system.--Nothing in this
Act is intended to amend or modify the provisions of
the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.), except as expressly
provided herein.
Page 13, line 22, after ``license'' insert ``, fee,''.
Page 18, after line 18, insert the following:
(j) Controlling Provisions.--In any instance when one or more
provisions in title I and in this title may be construed to
apply in an inconsistent manner to National Monument land, the
provisions in this title shall take precedence and apply.
----------
2. An Amendment To Be Offered by Representative Holt of New Jersey or
His Designee, Debatable for 10 Minutes
Page 12, strike line 24 and all that follows through page 13,
line 2 and insert the following:
(g) Areas Not Affected.--Nothing in this title requires the
opening to hunting or recreational shooting of--
(1) a national park or national monument under the
jurisdiction of the National Park Service; or
(2) a unit of the National Park System (that is not a
national park or national monument) unless specifically
provided by statute that such unit be open to hunting
or recreational shooting.
----------
3. An Amendment To Be Offered by Representative Grijalva of Arizona or
His Designee, Debatable for 10 Minutes
Page 14, after line 2, insert the following:
SEC. 105. APPLICABILITY CONDITION.
This title shall be in effect and apply only when less than
75 percent of Federal public land is available for hunting,
fishing, or recreation shooting, as determined by the Secretary
of the Interior.
Page 18, after line 18, insert the following:
SEC. 204. APPLICABILITY CONDITION.
This title shall be in effect and apply only when less than
75 percent of Federal public land (as defined section 103) is
available for hunting, fishing, or recreation shooting, as
determined by the Secretary of the Interior.
----------
4. An Amendment To Be Offered by Representative Peters of Michigan or
His Designee, Debatable for 10 Minutes
Strike title III.
----------
5. An Amendment To Be Offered by Representative Fleming of Louisiana or
His Designee, Debatable for 10 Minutes
At the end of the bill, insert the following:
TITLE V--HUNTING IN KISATCHIE NATIONAL FOREST
SEC. 501. HUNTING IN KISATCHIE NATIONAL FOREST.
(a) In General.--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) apply to the smallest practicable portions of
such unit; and
(2) are necessary to reduce or control trespass onto
land adjacent to such unit.
(b) 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.
----------
6. An Amendment To Be Offered by Representative Bishop of New York or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new title:
TITLE V--RECREATIONAL FISHING FOR ATLANTIC STRIPED BASS IN THE BLOCK
ISLAND SOUND TRANSIT ZONE
SEC. 501. RECREATIONAL FISHING FOR ATLANTIC STRIPED BASS IN THE BLOCK
ISLAND SOUND TRANSIT ZONE.
(a) In General.--Except as provided in subsection (a), the
Secretary shall not prohibit fishing for Atlantic Striped Bass
in the Block Island Sound transit zone.
(b) Exception.--This subsection does not limit the authority
of the Secretary to establish seasonal or other temporary
limitations on fishing that are specifically necessary for the
conservation and management of Atlantic striped bass.
(c) Block Island Sound Transit Zone Defined.--In this
subsection the term ``Block Island Sound transit zone'' means
the area of the exclusive economic zone within Block Island
Sound, north of a line connecting Montauk Light, Montauk Point,
New York, and Block Island Southeast Light, Block Island, Rhode
Island; and west of a line connecting Point Judith Light, Point
Judith, Rhode Island, and Block Island Southeast Light, Block
Island, Rhode Island.
----------
7. An Amendment To Be Offered by Representative Heinrich of New Mexico
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
TITLE V--ACTIVITIES WITHIN WILDERNESS OR LAND MANAGED AS WILDERNESS
SEC. 501. ACTIVITIES WITHIN WILDERNESS OR LAND MANAGED AS WILDERNESS.
Nothing in this Act shall be construed to allow oil and gas
development, mining, logging, or motorized activity on Federal
public land (as defined in section 103) designated or managed
as wilderness.
----------
8. An Amendment To Be Offered by Representative Foxx of North Carolina
or Her Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
TITLE V--DESIGNATION OF AND RESTRICTIONS ON NATIONAL MONUMENTS
SEC. 501. DESIGNATION OF AND RESTRICTIONS ON NATIONAL MONUMENTS.
(a) Designation.--No national monument designated by
presidential proclamation shall be valid until the Governor and
the legislature of each State within the boundaries of the
proposed national monument have approved of such designation.
(b) Restrictions.--The Secretary of the Interior shall not
implement any restrictions on the public use of a national
monument until the expiration of an appropriate review period
(determined by the Secretary of the Interior) providing for
public input.''.