[House Report 106-838]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-838
======================================================================
HUNTING HERITAGE PROTECTION ACT
_______
September 12, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4790]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4790) to recognize hunting heritage and provide
opportunities for continued hunting on public lands, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert the
following:
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.
PURPOSE OF THE BILL
The purposes of H.R. 4790 are to recognize America's
hunting heritage and provide opportunities for continued
hunting on public lands.
BACKGROUND AND NEED FOR LEGISLATION
Hunting, trapping and fishing are woven into the fabric of
America's history. These activities are long-standing
traditions that are passed down from generation to generation,
fostering an appreciation for the outdoors, and instilling a
conservation ethic and respect for nature in young people.
Recreational hunters were America's first conservationists,
leading efforts beginning more than two centuries ago to
protect migratory birds, outlaw the commercial harvest of
wildlife, promote scientific wildlife management, and establish
public lands to benefit wildlife. America's most famous
conservationist and a pioneer in the field of wildlife ecology,
Aldo Leopold, was an avid hunter. The founder of the Audubon
Society, John James Audubon, was also an accomplished
sportsman. President Theodore Roosevelt, one of our Nation's
most prominent hunters, established the National Wildlife
Refuge System to ensure that wildlife would have sufficient
habitat to allow continued hunting opportunities. These men
recognized the important role hunters play in conserving
habitat for wildlife.
According to the 1996 National Survey of Fishing, Hunting
and Wildlife-Associated Recreation, 14 million hunters continue
to provide leadership and enormous financial support for
wildlife conservation efforts. These hunters voluntarily
contribute nearly $21 billion annually to the national economy
through taxes, fees, trips, guide services, and purchases of
outdoor equipment. License fees and taxes paid on hunting
equipment are the dominant source of funding for State fish and
wildlife agencies, generating $2 billion annually. In 1999, the
U.S. Fish and Wildlife Service distributed $165 million to
State agencies for wildlife through its Federal Aid Program
based on the landmark Pittman-Robertson Act. The dollars
provided by the Pittman-Robertson Act are clearly responsible
for recovering many game species and numerous non-game species
that depend on the same habitat. As a result, both hunters and
non-hunters, including those who simply enjoy watching or
photographing wildlife, benefit from the taxes paid by hunters.
In addition to providing the necessary funds for
conservation, hunters play an essential role in wildlife
management. Changing land use patterns and the absence of
predators have allowed many species of wildlife to flourish. In
many agricultural areas, wildlife has a year-round food supply
that was not available prior to cultivation. Hunting gives
resource managers a valuable tool to control species such as
whitetail deer and geese that would otherwise exceed the
carrying capacity of their ecosystems. By destroying vegetation
and habitat, over-abundant wildlife can threaten the survival
of other species. In some instances, over-abundant wildlife
species pose a hazard to human health and safety. Without
hunters, wildlife managers would need to spend an inordinate
amount of tax dollars to control nuisance wildlife populations
through other less-effective means.
As America's population has shifted from rural to
predominately urban settings, Americans have become separated
from their connection to the land. Land available for
recreational hunting has decreased as it is developed or posted
by non-hunting landowners. In 1996, nearly 6.5 million people
hunted on public lands. Seventeen percent of the hunting
population (2.3 million people) hunted public lands
exclusively. For many of these hunters, public lands provided
the only hunting opportunities available. Hunting and fishing
provide a vital link to the land and to America's tradition of
rugged individualism and self-reliance. As the Nation's largest
landowner, particularly in the Western portion of the United
States, the federal government has both the responsibility and
the opportunity to provide access to recreational hunters, and
to protect wildlife habitat to benefit both game and non-game
species.
H.R. 4790 recognizes the significant role that hunters play
in conservation, and ensures that federal public lands and
waters will continue to be open to recreational hunting, unless
limited for reasons of national security, public safety, or as
limited by other federal land-management statutes. The
fundamental purpose of this bill is to instruct federal land
managers that public lands are to be open for hunting unless
there are compelling reasons, grounded in law, to close
particular areas to hunting. This bill compliments Executive
Order 12962, which President Clinton issued on June 7, 1995, to
enhance recreational fishing opportunities on public lands.
H.R. 4790 directs the head of each federal agency with land
management authority to manage federal lands consistent with
the purpose of maintaining, supporting, and facilitating
recreational hunting opportunities. The use of public lands for
hunting and trapping is consistent with the provisions of other
land management statutes, including the Sikes Act (16 U.S.C.
670 et seq.), and is compatible with lands managed for a wide
variety of purposes, including the 93 million acres in the
National Wildlife Refuge System.
H.R. 4790 establishes a policy of ``No Net Loss'' of
hunting opportunities for federal public lands. This policy
does not require federal agencies to give preference to hunting
over other uses of lands. If an agency closes an area to
recreational hunting, H.R. 4790 provides that the federal
government open an equivalent amount of land to compensate for
the lost recreational hunting opportunities. The legislation
allows flexibility in the implementation of the No Net Loss
policy. This provision does not force federal agencies to open
inappropriate areas to hunting. Further, H.R. 4790 does not
compel the Department of the Interior to open lands managed by
the National Park Service, including national monuments,
National Parks and natural preserve areas that are closed to
hunting as a matter of law. Each agency with land management
authority is required to submit an annual report to the
Congressional Committees of jurisdiction describing lands which
have been closed or opened to hunting. The No Net Loss policy
will guarantee that American sportsmen and women will continue
to enjoy access to public lands for hunting and trapping well
into the future.
The Committee reported an amended bill that defines
``hunting'' to include trapping and other consumptive wildlife-
dependent recreation. The term ``wildlife'' should be construed
in the broadest sense allowed under existing State and federal
laws, and should include animals which are bred or raised in
captivity and released into the wild for the purpose of
hunting, such as ring-necked pheasants. Section 3(f) requires
that federal agency policies are compatible with State wildlife
management laws. This section also provides a venue for States
to challenge federal agency decisions that infringe upon State
wildlife management authorities. Federal agencies should
therefore make sure that their hunting-related policies are
consistent with those of the State in which the land is
located.
H.R. 4790 also establishes a National Recreational Hunting
Coordination Council. Members of the Council are appointed by
federal agencies, the President, and Congressional leadership.
This Council is charged with developing a Recreational Hunting
Resources Conservation Plan. The plan will review federal
agency policies that affect hunting opportunities and recommend
actions to be taken by federal agencies to facilitate hunting
access to appropriate public lands. The bill authorizes a total
of $750,000 a year to complete the plan. The Council will
sunset after three years, or after the final plan is submitted
to Congress.
COMMITTEE ACTION
H.R. 4790 was introduced on June 29, 2000, by Congressman
Saxby Chambliss (R-GA). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife, and Oceans. On July 20, 2000,
the Subcommittee held a hearing on the bill. On July 26, 2000,
the Full Resources Committee met to consider the bill. The
Subcommittee was discharged from further consideration of the
bill by unanimous consent. Chairman Don Young (R-AK) offered an
amendment in the nature of a substitute that clarified certain
provisions of the bill, limited the role of the Council and
sunsetted the Council after three years, strengthened the
provision pertaining to State authority, and required federal
agencies to submit an annual report on hunting closures to
Congress. The amendment in the nature of a substitute was
adopted by voice vote. The bill, as amended, was then ordered
favorably reported to the House of Representatives by voice
vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
The short title of this bill is the ``Hunting Heritage
Protection Act''.
Section 2. Findings
Section 2 lists several findings, including a description
of the social and economic importance of recreational hunting
in the United States, a recognition that hunters are the
foremost supporters of sound wildlife management and
conservation practices, and that recreational hunting is an
essential component of effective wildlife management.
Section 3. Recreational hunting
Section 3 requires that federal public lands remain open
for recreational hunting except for reasons of national
security, public safety, or as limited by applicable federal
statutes. The head of each federal agency with authority to
manage public lands, including the U.S. Forest Service, the
Bureau of Land Management, the U.S. Fish and Wildlife Service,
the Department of Defense, and the Department of Energy, shall
use their existing authorities to support, promote and enhance
recreational hunting opportunities on federal lands. Section 3
provides that there be no net loss of acreage available to
recreational hunting. Each agency is required to submit an
annual report which describes lands closed to public hunting as
well as lands that have been opened pursuant to the ``No Net
Loss'' policy. Section 3 exempts lands managed by the National
Park Service and closed to hunting as a matter of law from the
provisions of this bill. The bill does not require that federal
agencies give hunting a higher priority than other existing
land uses.
Section 3 also states that nothing in this bill shall
affect the authority, jurisdiction, or responsibility of the
several States to manage, control, or regulate fish and
resident wildlife under State laws. States retain the right to
require hunting and fishing licenses, and this bill does not
give any new authorities to federal agencies to require permits
to hunt, fish or trap on federal lands or waters within a
State. Existing authorities, including the Federal Duck Stamp
Program, are not affected. Finally, the section recognizes that
States have a right of action to sue in the U.S. district court
of jurisdiction if a federal agency fails to recognize State
primacy in managing resident fish and wildlife.
Section 4. National Recreational Hunting Coordination Council
Section 4 establishes the National Recreational Hunting
Coordination Council. The Council consists of 11 members: one
member each appointed by the majority and minority leaders of
the House of Representatives and the Senate, two members
appointed by the President to represent State fish and wildlife
agencies, two members appointed by the President to represent
recreational hunters, and one member each appointed by the
Secretary of the Interior, the Secretary of Defense, and the
Secretary of Agriculture. Members of the Council will be
appointed after January 20, 2000, and the Council will sunset
after three years.
The Council is charged with developing a national
recreational hunting and wildlife conservation plan. The plan
will recommend short and long term actions to be carried out by
federal agencies to support, promote, facilitate, and enhance
recreational hunting opportunities on federal public lands. The
plan will include a review of federal policies that affect
hunting, recommendations to ensure that agencies consider the
benefits of hunting in land management decisions,
recommendations to facilitate the sharing of information, an
evaluation of the need for a permanent Council, and measurable
objectives of efforts to conserve and restore wildlife habitat
to support wildlife that may be hunted. The Council is required
to submit a draft plan for public review and comment no later
than 18 months after the date of enactment of the bill, and to
submit a final report to the President and to Congress within
three years. Section 4 authorizes $250,000 a year for each of
fiscal years 2001 through 2003 to support the Council.
Section 5. Definitions
Section 5 defines the terms ``hunting'' and ``Federal
public lands''.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 8, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4790, the Hunting
Heritage Protection Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4790--Hunting Heritage Protection Act
H.R. 4790 would require federal land management agencies to
promote and enhance recreational hunting on federal lands.
Assuming appropriation of the necessary amounts, CBO estimates
that implementing the bill would cost the federal government
$2.5 million over the 2001-2005 period. H.R. 4790 would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply. The bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.
H.R. 4790 would establish a new federal policy that, to the
extent practicable, there should be no net loss of public lands
open for hunting. In complying with this policy, the land
management agencies would report to the Congress each year on
areas that they have closed or opened to hunting.
Section 4 of the bill would establish the National
Recreation Hunting Coordination Council. The 11-member council
would develop a plan to promote recreational hunting and
wildlife conservation, including recommendations to federal
agencies on short-term and long-term actions to restore
wildlife habitat and enhance hunting opportunities on public
lands. For this purpose, the bill would authorize the
appropriation of $250,000 for each of fiscal years 2001 through
2003.
CBO estimates that it would cost $750,000 to implement H.R.
4790 in fiscal year 2001, including $250,000 for council
activities and $500,000 to establish a database on federal
lands open to hunting. After the council's authority expires in
2003, we estimate federal agencies would continue to spend
about $300,000 a year to maintain the database and to report to
the Congress. This estimate is based on information provided by
the land management agencies in the Department of the Interior,
the Department of Defense, and the Department of Agriculture.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
compliance with public law 104-4
This bill contains no unfunded mandates.
preemption of state, local or tribal law
This bill is not intended to preempt any State, local or
tribal law.
changes in existing law
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
Hunting on the Nation's public lands has a long and rich
tradition and is pursued by many for subsistence and
recreation, creating both social and economic benefits. In
fact, most of the Federal public lands are currently open to
hunting, subject to regulations which are primarily established
by state fish and game agencies. As ``no trespass'' signs are
increasingly posted on privately-owned lands, it is important
that public lands remain accessible for recreation by average
citizens. Contrary to the Majority, we think that competing
demands for wildlife resources and wildlife-based recreation on
public lands must be carefully balanced. In a departure from
existing law and policy, this legislation would convey a
preferred status to hunting over and above all other uses of
public lands. In our view, this would undercut responsible
management of wildlife resources and be detrimental to the
majority of Americans who enjoy forms of wildlife-based
recreation other than hunting.
No evidence had been provided to the Committee to
demonstrate that Federal land managers have acted in an
arbitrary or capricious manner to restrict hunting on public
lands. In expressing the Administration's opposition to H.R.
4790, the Department of the Interior testified at the
Subcommittee's July 26, 2000 hearing that ``the vast majority
of public lands are open to recreational hunting.'' Independent
sources strongly corroborate this statement. According to
statistics compiled by the General Accounting Office (GAO) and
the National Audubon Society, hundreds of millions of acres of
public land under the administration of the Department of the
Interior, the U.S. Forest Service and other federal agencies
are currently accessible to recreational hunters. It is worth
noting that this total does not account for hunting
opportunities presently available on State-owned public lands.
The reality is that more Federal public lands and waters
are being opened for hunting, especially at units managed by
the Fish and Wildlife Service. According to data provided by
the Service, opportunities to hunt within the Refuge System are
available in 49 States. In 1999, the Service allowed public
hunting on 299 refuges, wildlife management areas, and
waterfowl production areas (59% of all units), which in total
area also represents the vast majority of all public lands
managed by the Service. The Administration testified that it
intends to increase hunting opportunities during the 2000-2001
season by opening additional refuges for hunting in several
States ranging from Maine to Oregon. This action is wholly
consistent with the policies established under the National
Wildlife Refuge Improvement Act (Pub. L. 105-57) which included
hunting as one of six priority wildlife-dependent uses on
Wildlife Refuges. We are concerned that H.R. 4790 would, in
effect, rewrite that popular and bipartisan Act to
unjustifiably prioritize hunting to the detriment of those
other five priority wildlife-dependent uses. We are also
concerned that the unnecessary and vague ``no net loss'' policy
for hunting opportunities included in this bill would
thoroughly undercut the ability of Federal land managers to
reliably evaluate hunting on a case-by-case basis by using
accepted analytic and planning tools. The impacts of H.R. 4790
deserve far more scrutiny.
We also note that this bill's exclusive focus on hunting
ignores the values of non-consumptive wildlife-based recreation
and other types of uses on public lands. According to the 1996
National Survey of Fishing, Hunting and Wildlife-Associated
Recreation, the number of people who enjoy wildlife watching or
wildlife photography now totals well over 63 million Americans,
as compared to an estimated 14 million people who hunt--nearly
five times the number of hunters. Adding recreational anglers
to the number of non-consumptive wildlife users in the Survey
swells the total of non-hunters to 98 million Americans.
Furthermore, the importance of public lands for all types of
recreational use is undeniable. GAO reports in its 1999 report
on Recreation Fees (GAO/RECD-99-7 Recreational Fees), that in
1997 there were over 1.2 billion visits to public lands and
facilities managed by the Department of the Interior and the
Forest Service. Unfortunately, H.R. 4790 gives no consideration
to the needs of this large segment of the American population.
That is simply unfair.
It is also ironic that this legislation has been introduced
at the same time that the Majority has sought to transfer or
sell off huge chunks of Federal lands to the States or private
interests. Moreover, they have aggressively tried to increase
access to public lands for miners, loggers and other corporate
development interests. The Majority's policies would actually
reduce the amount of Federal lands available to hunters. It is
also ironic that this legislation would establish and authorize
funds for a new National Recreational Hunting Coordination
Council less than 7 months after the Majority passed
legislation (H.R. 3671, the Wildlife and Sport Fish Restoration
Programs Improvement Act) which effectively cuts funding made
available under the Wallop-Breaux Sport Fish Restoration
Program to support the existing Sport Fishing and Boating
Partnership Council. We also note the Administration's
opposition to H.R. 4790, and the substantive concerns raised by
non-governmental organizations about the impracticality and
high costs of implementing the bill's ``no net loss'' policy in
addition to other detrimental affects. Taken together, these
factors raise substantial doubts about the need for, or
desirability of, this legislation.
In closing, H.R. 4790 proposes a significant shift in
Federal land management policy. It ignores two vital factors
that confront Federal land managers on a daily basis: the need
to sustainably manage wildlife resources for the benefit of all
users of wildlife, and in the larger context, the need to
balance the use of wildlife with all other competing uses of
Federal lands and waters. For the Congress to act quickly to
pass this legislation without greater awareness of its full
costs and implications would be ill-advised.
George Miller.
Neil Abercrombie.
Grace F. Napolitano.
Frank Pallone, Jr.
Mark Udall.
Rush Holt.
Ron Kind.