HR 4089 · 112th Congress 2011–2013, ended

Sportsmen's Heritage Act of 2012

Latest action · Apr 18, 2012 Received in the Senate.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 27, 2012
  2. Passed HouseApr 17, 2012
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Sportsmen's Heritage Act of 2012 - Title I: Recreational Fishing and Hunting Heritage and Opportunities - Recreational Fishing and Hunting Heritage and Opportunities Act - (Sec. 104) Requires federal public land management officials to facilitate the use of, and access to, federal public lands, including Wilderness Areas, Wilderness Study Areas, or 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 or withholds 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 or waters; and (3) discretionary limitations on recreational fishing, hunting, and shooting determined to be necessary and reasonable.

Requires the heads of federal public land management agencies to exercise their discretion in a manner that supports and facilitates recreational fishing, hunting, and shooting opportunities, to the extent authorized under applicable state law.

Requires public land planning documents to include specific evaluations of the effects of such plans on opportunities to engage in recreational fishing, hunting, or shooting.

Prohibits actions taken under this Act or actions concerning the National Wildlife Refuge System under the National Wildlife Refuge System Administration Act of 1966 from being considered to be a major federal action significantly affecting the quality of the human environment.

Prohibits federal public land management officials from being 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 such activities or in the setting of levels of use for such activities, unless the combination or coordination of such opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public.

Sets forth provisions concerning the use of volunteers in culling or managing wildlife populations on public land if hunting is prohibited on such land.

Requires Bureau of Land Management (BLM) and Forest Service lands, excluding lands on the Outer Continental Shelf, to be open to recreational fishing, hunting, and shooting unless the managing agency acts to close such lands to such activity for purposes of resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection or private property rights or interests, national security, or compliance with other law.

Requires the heads of federal agencies to use their authorities consistently with this Act to: (1) lease their lands or permit use of their lands for shooting ranges, and (2) designate specific lands for recreational shooting activities. Prohibits such designation from subjecting the United States to any civil action or claim for damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated land.

Declares that the provision of opportunities for hunting, fishing, recreational shooting, and the conservation of fish and wildlife to provide sustainable use recreational opportunities on designated wilderness areas on federal public lands constitutes the measures necessary to meet the minimum requirements for the administration of such areas.

Provides that any requirements imposed by the Wilderness 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.

Requires biennial reports on closures of federal public lands to recreational fishing, sport hunting, or shooting. Sets forth requirements for a permanent or temporary withdrawal, change of classification, or change of management status that effectively closes or significantly restricts 640 or more contiguous acres of federal public lands for fishing or hunting or related activities. Treats separate withdrawals or changes, the aggregate or cumulative effect of which effectively closes or significantly restricts 1280 or more acres of land or water, as a single withdrawal or change for purposes of such requirements.

Provides that 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. Requires such an emergency closure to terminate after a reasonable period unless converted to a permanent closure consistent with this Act.

Title II: Recreational Shooting Protection - Recreational Shooting Protection Act - (Sec. 203) Requires national monument land under BLM's jurisdiction to be open to access and use for recreational shooting, except as limited by the Director of BLM for reasons of national security or public safety or to comply with an applicable federal or state law. Prohibits the issuance of closures or restrictions on such land that are substantially similar to closures or restrictions that were previously issued and not approved by federal law, unless, as a result of a change in circumstances, such closures or restrictions are supported by such reasons.

Requires the Director, before a restriction or closure may become effective, to: (1) publish public notice of the closure or restriction in a newspaper of general circulation in the area where it will be carried out; and (2) report to Congress on the location and extent of, and evidence justifying, such closure or restriction. Ends such a closure or restriction: (1) six months after the Director submits such report, unless the closure or restriction has been approved by federal law; or (2) 30 days after the enactment of a federal law disapproving it.

Requires management of BLM national monument land: (1) in a manner that supports, promotes, and enhances recreational shooting opportunities; (2) to the extent authorized under state law; and (3) in accordance with applicable federal law.

Requires the Director to report on BLM national monument land that was closed to recreational shooting or on which recreational shooting was restricted.

Provides that nothing in this title authorizes the Director to require a license. fee, or permit for recreational shooting on land or water in a state, including on federal public land in the state.

Requires provisions in the Recreational Fishing and Hunting Heritage and Opportunities Act and the Recreational Shooting Protection Act to take precedence and apply in any instance when such provisions may be construed to apply in an inconsistent manner to national monument land.

Title III: Polar Bear Conservation and Fairness - Polar Bear Conservation and Fairness Act of 2012 - (Sec. 302) Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of the Interior to 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: (1) who submits proof that the polar bear was legally harvested before February 18, 1997; or (2) who has submitted, in support of an application submitted before May 15, 2008, proof that the bear was legally harvested before such date from a polar bear population from which a sport-hunted trophy could be imported before such date. (Polar bears were listed as a threatened species by the Department of the Interior on May 14, 2008.)

Title IV: Hunting, Fishing, and Recreational Shooting Protection - Hunting, Fishing, and Recreational Shooting Protection Act - (Sec. 402) Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "chemical substance" for purposes of such Act: (1) any component of any pistol, revolver, firearm, shell, or cartridge the sale of which is subject to federal excise tax, including shot, bullets and other projectiles, propellants, and primers; and (2) any sport fishing equipment the sale of which is subject to federal excise tax and sport fishing equipment components.

Title V: Hunting in Kisatchie National Forest - Prohibits the Secretary of Agriculture (USDA) from restricting the use of dogs in deer hunting activities within the Kisatchie National Forest in Louisiana unless those restrictions apply to the smallest practicable parts of such Forest and are necessary to reduce or control of trespassing onto adjacent land. Nullifies any existing restrictions on the use of dogs for deer hunting in such Forest.

Title VI: Designation of and Restrictions on National Monuments - Prohibits a national monument designated by presidential proclamation from being valid until each state within the boundaries of the proposed national monument has approved of such designation.

Prohibits the Secretary of the Interior from implementing any restrictions on the public use of a national monument until the expiration of an appropriate review period providing for public input.

Recorded votes 7

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 164Passed274–146Apr 17, 2012
House 163Failed160–261Apr 17, 2012
House 162Agreed to223–198Apr 17, 2012
House 161Failed176–244Apr 17, 2012
House 160Failed155–262Apr 17, 2012

Cosponsors 27

Members who signed on, in the order they did. Signatures ran from Feb 27, 2012 to Mar 29, 2012; 7 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-MIDan BenishekOriginalFeb 27, 2012
D-OKDan BorenOriginalFeb 27, 2012
R-AKDon YoungOriginalFeb 27, 2012
D-NCHeath ShulerOriginalFeb 27, 2012
R-AZJeff FlakeOriginalFeb 27, 2012
D-ARMike RossOriginalFeb 27, 2012
R-OHRobert E. LattaOriginalFeb 27, 2012
R-SCJeff DuncanFeb 29, 2012
R-TXBlake FarentholdMar 5, 2012
R-ILDonald A. ManzulloMar 5, 2012
D-PAJason AltmireMar 5, 2012
R-COScott R. TiptonMar 5, 2012
R-MNJohn KlineMar 8, 2012
R-AZDavid SchweikertMar 9, 2012
R-MTDenny RehbergMar 9, 2012
R-OHSteve AustriaMar 9, 2012
R-AZBenjamin QuayleMar 19, 2012
R-TNJohn J. Duncan, Jr.Mar 19, 2012
D-NCLarry KissellMar 19, 2012
R-COMike CoffmanMar 19, 2012
R-GAPaul C. BrounMar 19, 2012
R-NYRichard L. HannaMar 19, 2012
R-MSSteven M. PalazzoMar 19, 2012
R-KSTim HuelskampMar 19, 2012
R-VARobert J. WittmanMar 22, 2012
R-CADuncan HunterMar 26, 2012
R-FLThomas J. RooneyMar 29, 2012

Committees 3

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseNatural Resources Committee
Referred Feb 27, 2012Markup Feb 29, 2012Reported Apr 13, 2012
HouseAgriculture Committee
Referred Feb 27, 2012Discharged Apr 13, 2012
HouseEnergy and Commerce Committee
Referred Feb 27, 2012Discharged Apr 13, 2012

Actions 44

Everything that happened, newest first.

  1. Apr 18, 2012Received in the Senate.
  2. Apr 17, 2012Rule H. Res. 614 passed House.
  3. Apr 17, 2012Considered under the provisions of rule H. Res. 614. (consideration: CR H1873-1891)
  4. Apr 17, 2012Rule provides for consideration of H.R. 4089 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. In lieu of the amendment in the nature of a substitute recommended by the Committee on Natural Resources now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 112-19. Pending the adoption of a concurrent resolution on the budget for fiscal year 2013, the provisions of House Concurrent Resolution 112, as adopted by the House, shall have force and effect in the House as though Congress has adopted such concurrent resolution with modifications specified in this resolution.
  5. Apr 17, 2012House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 614 and Rule XVIII.

In the Congressional Record 7

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S6604Mitch McConnell R-KYSep 21, 2012
HouseDebate and remarks H5889Doc Hastings R-WASep 12, 2012
ExtensionsDebate and remarks E621Mike Thompson D-CAApr 24, 2012
ExtensionsDebate and remarks E585, E589Betty McCollum D-MN, Dan Boren D-OKApr 19, 2012
HouseDebate and remarks H1918Mike Quigley D-ILApr 18, 2012

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimate

  1. Apr 12, 2012H.R. 4089, Sportsmen's Heritage Act of 2012As ordered reported by the House Committee on Natural Resources on February 29, 2012

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article IV, Section 3, Clause 2 ; Article I, Section 8, Clause 3

The sponsor’s statement, as printed in the page H966.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

CRS reports 5

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

About this bill 1

Products that name it in their title: its number, its law number or one of its short titles.

Also cite it 4

Products on other subjects that cite it, usually among other measures.

ProductTitleKindPublished
R40957Unfunded Mandates Reform Act: History, Impact, and Issues ArchivedReportFeb 23, 2021
R41613Fishery, Aquaculture, and Marine Mammal Issues in the 112th Congress ArchivedReportJan 22, 2013
RL32842Gun Control Legislation ArchivedReportNov 14, 2012
R42466Fish and Wildlife Service: FY2013 Appropriations and Policy ArchivedReportJul 12, 2012

Amendments 8

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 1005An amendment numbered 1 printed in House Report 112-444 to 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." Amendment states that the protection given to hunting in wilderness areas is not intended to permit motorized recreation or mineral extraction and reduces the reporting requirements. Amendment addresses technical conflicts between Title I and Title II over certain Bureau of Land Management land and would make several technical changes.Doc Hastings R-WAOn agreeing to the Hastings (WA) amendment (A001) Agreed to by voice vote.
HAmdt 1006An amendment numbered 2 printed in House Report 112-444 to 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.Rush Holt D-NJOn agreeing to the Holt amendment (A002) Failed by recorded vote: 152 - 260 (Roll no. 158).
HAmdt 1007An amendment numbered 3 printed in House Report 112-444 to 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.Raúl M. Grijalva D-AZOn agreeing to the Grijalva amendment (A003) Failed by recorded vote: 138 - 279 (Roll no. 159).
HAmdt 1008An amendment numbered 4 printed in House Report 112-444 to 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.Gary C. Peters D-MIOn agreeing to the Peters amendment (A004) Failed by recorded vote: 155 - 262 (Roll no. 160).
HAmdt 1009An amendment numbered 5 printed in House Report 112-444 to prohibit the Forest Service from banning hunters with dogs during deer season on Kisatchie National Forest.John Fleming R-LAOn agreeing to the Fleming amendment (A005) Agreed to by voice vote.

Related bills 7

Companion bills and other measures the record links to this one.

Titles 16

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To protect and enhance opportunities for recreational hunting, fishing and shooting.
Short Titles as Introduced
Sportsmen's Heritage Act of 2012
Short Titles as Reported to House
Sportsmen's Heritage Act of 2012
Short Titles as Passed House
Sportsmen's Heritage Act of 2012
Short Titles as Introduced for portions of this bill
Hunting, Fishing, and Recreational Shooting Protection Act
Polar Bear Conservation and Fairness Act of 2012
Recreational Shooting Protection Act
Recreational Fishing and Hunting Heritage and Opportunities Act
Short Titles as Reported to House for portions of this bill
Polar Bear Conservation and Fairness Act of 2012
Hunting, Fishing, and Recreational Shooting Protection Act
Recreational Shooting Protection Act
Recreational Fishing and Hunting Heritage and Opportunities Act
Short Titles as Passed House for portions of this bill
Recreational Shooting Protection Act
Polar Bear Conservation and Fairness Act of 2012
Recreational Fishing and Hunting Heritage and Opportunities Act
Hunting, Fishing, and Recreational Shooting Protection Act

Subjects

Assigned by the Library of Congress. Policy area: Public Lands and Natural Resources.

Text 4

Each version as it was printed, newest first.

  1. Apr 18, 2012Received in Senate
  2. Apr 17, 2012Engrossed in House
  3. Apr 13, 2012Reported in House
  4. Feb 27, 2012Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.