[Senate Report 116-8]
[From the U.S. Government Publishing Office]
Calendar No. 18
116th Congress } { Report
SENATE
1st Session } { 116-8
======================================================================
TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT
_______
March 14, 2019.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Environmental and Public
Works, submitted the following
R E P O R T
[To accompany S. 94]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 94) to amend the Pittman-Robertson
Wildlife Restoration Act to facilitate the establishment of
additional or expanded public target ranges in certain States,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
General Statement and Background
Pittman-Robertson funds are derived from an 11 percent
``user pays'' excise tax on firearms and ammunition, and the
resulting receipts are set aside from the general treasury for
firearms safety training programs and wildlife conservation.
Almost $11 billion has been raised for the fund since President
Franklin D. Roosevelt signed Pittman-Robertson into law in
1937, making target shooters and hunters amongst the largest
financial supporters of wildlife conservation in the United
States.
Nevertheless, states have deployed a declining percentage
of these funds to establish public shooting ranges, due to
fiscal constraints. The costs associated with siting a range
and the two-year timeline to deploy Pittman-Robertson funds for
such a project before they are reclaimed by the federal
government have led to a steep decline in the development of
these sorts of projects. As a result, the public's ability to
undergo firearms safety training and for hunters to ``sight
in'' their firearms before the hunting season have been reduced
and could lead to decreased public safety. Since the 1980s, the
number of participants in hunting and shooting activities has
also declined, resulting in less funding for wildlife
conservation.
Objectives of the Legislation
The objective of this legislation is to help address a
deficiency in opportunities for Americans to engage in
recreational and competitive shooting safely on both public and
private lands by allowing states to allocate a greater
proportion of their federal Pittman-Robertson wildlife funds to
the development and maintenance of public shooting ranges.
Ultimately, these opportunities should increase sportsmen's
participation and generate more overall funds that can then be
allocated through Pittman-Robertson.
Section-by-Section Analysis
Section 1. Short title
This section states this Act may be cited as the ``Target
Practice and Marksmanship Training Support Act.''
Section 2. Findings; purpose
This section states that the purpose of this Act is to
facilitate the construction and expansion of public target
ranges.
Section 3. Definition of public target range
This section defines the term ``public target range'' as a
specific location that is identified by a governmental agency
for recreational shooting, is open to the public, may be
supervised, and may accommodate archery or rifle, pistol, or
shotgun shooting.
Section 4. Amendments to Pittman-Robertson Wildlife Restoration Act
This section provides that a state may use funds it
receives from the section 4(c) Hunter Education and Safety
program (`Basic Hunter Education') to pay for up to 90 percent
of the costs for acquiring land for, expanding, or constructing
a public target range; (2) it authorizes a state to elect to
allocate up to 10 percent of the amount apportioned to it under
16 U.S.C. 669c(b) to supplement funds provided under the
section 10 Enhanced Firearm and Bow Hunter Education and Safety
Program (``Enhanced Hunter Education'') (16 U.S.C. 669h-1) for
acquiring land for, expanding, or constructing a public target
range; (3) it limits the federal share for acquiring land for,
expanding, or constructing a public target range under such Act
to 90 percent; and (4) it requires that amounts provided for
those costs under the Enhanced Firearm and Bow Hunter Education
and Safety Program remain available for expenditure and
obligation for five fiscal years.
Section 5. Sense of Congress regarding cooperation
This section establishes the sense of Congress that,
consistent with applicable laws and regulations, the Chief of
the Forest Service and the Director of the Bureau of Land
Management should cooperate with state and local authorities
and other entities to carry out waste removal and other
activities on any federal land used as a public target range to
encourage continued use of that land for target practice or
marksmanship training.
Legislative History
On January 10, 2019, Senator Capito introduced S. 94, the
Target Practice and Marksmanship Training Support Act, with
Senators Bennett, Boozman, Crapo, Ernst, King, Manchin, Risch,
Rounds, and Sullivan as original cosponsors. The bill was
referred to the Committee on Environment and Public Works.
Senators Cassidy, Cornyn, and Heinrich subsequently cosponsored
the bill.
The text of S. 94 is substantially similar to the text of
S. 593, the Target Practice and Marksmanship Training Support
Act. Senator Capito introduced S. 593 on March 9, 2017.
Senators Bennet, Boozman, and Heitkamp were original
cosponsors. Senators Baldwin, Cassidy, Crapo, Ernst, Flake,
Hatch, Heinrich, King, Manchin, Risch, Rounds, Strange,
Sullivan, and Tester were cosponsors. The EPW Committee
reported S.593 without amendment by voice vote on September 18,
2018.
The text of S. 94 is also substantially similar to the text
of section 2 of S. 1514, the Hunting Heritage and Environmental
Legacy Preservation (HELP) for Wildlife Act. Senator Barrasso
introduced S. 1514 on June 29, 2017. Senators Baldwin, Boozman,
Capito, Cardin, and Klobuchar were original cosponsors.
Senators Crapo, Enzi, Inhofe, Johnson, Kennedy, and King were
cosponsors. The EPW Committee held a hearing on S. 1514 on July
19, 2017. The EPW Committee reported S. 1514 with an amendment
in the nature of a substitute by a roll call vote of 14 ayes to
7 nays on July 26, 2017.
Hearings
A legislative hearing was not held on S. 94. As explained
above, a legislative hearing was held on S. 1514 on July 19,
2017 during the 115th Congress.
Rollcall Votes
On February 5, 2019, the Committee on Environment and
Public Works met to consider S. 94. The EPW Committee reported
S. 94 without amendment by voice vote. No roll call votes were
taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 94 would impose
no Federal intergovernmental unfunded mandates on State, local,
or tribal governments.
S. 94 contains no intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA). The bill contains no
new private-sector mandates as defined in UMRA.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 28, 2019.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 94, the Target
Practice and Marksmanship Training Support Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Hughes.
Sincerely,
Keith Hall,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 94 would allow states to use grants awarded under the
Pittman-Robertson Wildlife Restoration Act to pay up to 90
percent of the cost of land acquisition, construction, or
expansion of public target ranges. Under current law, federal
excise taxes collected on pistols, revolvers, ammunition, bows,
arrows, and archery accessories are provided to states through
grants for purposes that include the construction, operation,
and maintenance of public target ranges. Currently states may
use those grants to cover up to 75 percent of such costs.
The bill also would allow states to retain Pittman-
Robertson funds for up to five years to acquire, construct, or
expand target ranges. After five years, those funds would be
available to the Secretary of the Interior for other purposes.
Under current law, any such funds are made available to the
Secretary for other purposes after two years.
Enacting S. 94 would not affect the total amount of funds
available to be spent but might have a minor effect on the
timing of when those funds are spent. On that basis, CBO
estimates that enacting the bill would have no significant
effect on direct spending.
The CBO staff contact for this estimate is David Hughes.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic , existing law in which no change is proposed is
shown in roman:
* * * * * * *
PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT
* * * * * * *
SEC. 2. [16 U.S.C. 669A] DEFINITIONS.
As used in this Act--
(1) * * *
* * * * * * *
(2) the term `public target range' means a specific
location that--
(A) is identified by a governmental agency
for recreational shooting;
(B) is open to the public;
(C) may be supervised; and
(D) may accommodate archery or rifle, pistol,
or shotgun shooting;
[(2)](3) the term ``Secretary'' means the Secretary
of the Interior;
[(3)] (4) the term ``State fish and game department''
or ``State fish and wildlife department'' means any
department or division of department of another name,
or commission, or official or officials, of a State
empowered under its laws to exercise the functions
ordinarily exercised by a State fish and game
department or State fish and wildlife department.
[(4)] (5) the term ``wildlife'' means any species of
wild, free-ranging fauna including fish, and also fauna
in captive breeding programs the object of which is to
reintroduce individuals of a depleted indigenous
species into previously occupied range;
[(5)] (6) the term ``wildlife-associated
recreation'' means projects intended to meet the demand
for outdoor activities associated with wildlife
including, but not limited to, hunting and fishing,
wildlife observation and photography, such projects as
construction or restoration of wildlife viewing areas,
observation towers, blinds, platforms, land and water
trails, water access, field trialing, trail heads, and
access for such projects;
[(6)] (7) the term ``wildlife conservation and
restoration program'' means a program developed by a
State fish and wildlife department and approved by the
Secretary under section 304(d), the projects that
constitute such a program, which may be implemented in
whole or part through grants and contracts by a State
to other State, Federal, or local agencies (including
those that gather, evaluate, and disseminate
information on wildlife and their habitats), wildlife
conservation organizations, and outdoor recreation and
conservation education entities from funds apportioned
under this title, and maintenance of such projects;
[(7)] (8) the term ``wildlife conservation
education'' means projects, including public outreach,
intended to foster responsible natural resource
stewardship; and
[(8)] (9) the term ``wildlife-restoration project''
includes the wildlife conservation and restoration
program and means the selection, restoration,
rehabilitation, and improvement of areas of land or
water adaptable as feeding, resting, or breeding places
for wildlife, including acquisition of such areas or
estates or interests therein as are suitable or capable
of being made suitable therefor, and the construction
thereon or therein of such works as may be necessary to
make them available for such purposes and also
including such research into problems of wildlife
management as may be necessary to efficient
administration affecting wildlife resources, and such
preliminary or incidental costs and expenses as may be
incurred in and about such projects.
* * * * * * *
Sec. 8. [16 U.S.C. 669g] (a) * * *
* * * * * * *
[(b) Each State]
(b) Expenditures for Management of Wildlife Areas and
Resources .--
(1) In general.-- Except as provided in paragraph
(2), each State may use the funds apportioned to it
under section 4(c) pay up to 75 per centum of the costs
of a hunter safety program and the [construction,
operation,] operation and maintenance of public target
ranges, as a part of such program. [The non-Federal
share]
(2) Exception.--Notwithstanding the limitation
described in paragraph (1), a State may pay up to 90
percent of the cost of acquiring land for, expanding,
or constructing a public target range.
(3) Non-federal share.--The non-Federal share of
such costs may be derived from license fees paid by
hunters, but not from other Federal grant programs.
[The Secretary]
(4) Regulations.--The Secretary shall issue not later
than the 120th day after the effective date of this
subsection such regulations as he deems advisable
relative to the criteria for the establishment of
hunter safety programs and public target ranges under
this subsection.
* * * * * * *
SEC. 10. [16 U.S.C. 669H-1] FIREARM AND BOW HUNTER EDUCATION AND SAFETY
PROGRAM GRANTS.
(a) In General.--
(1) Grants.-- * * *
* * * * * * *
(3) Allocation of additional amounts.--Of the amount
apportioned to a State for any fiscal year under
section 4(b), the State may elect to allocate not more
than 10 percent, to be combined with the amount
apportioned to the State under paragraph (1) for that
fiscal year, for acquiring land for, expanding, or
constructing a public target range.
[(b) Cost Sharing.-- The Federal share of the cost of any
activity carried out with a grant under this section shall not
exceed 75 percent of the total cost of the activity.]
(b) Cost Sharing .--
(1) In general.--Except as provided in paragraph (2),
the Federal share of the cost of any activity carried
out using a grant under this section shall not exceed
75 percent of the total cost of the activity.
(2) Public target range construction or expansion.--
The Federal share of the cost of acquiring land for,
expanding, or constructing a public target range in a
State on Federal or non-Federal land pursuant to this
section or section 8(b) shall not exceed 90 percent of
the cost of the activity.
* * * * * * *
(c) Period of Availability; Reapportionment.--
(1) Period of availability.--[Amounts made]
(A) In general.--Except as provided in
subparagraph (B), amounts made available and
apportioned for grants under this section shall
remain available only for the fiscal year for
which the amounts are apportioned.
(B) Exception.--Amounts provided for
acquiring land for, constructing, or expanding
a public target range shall remain available
for expenditure and obligation during the 5-
fiscal-year period beginning on October 1 of
the first fiscal year for which the amounts are
made available.
* * * * * * *
[all]