article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Sportsmen's Bill of Rights Act''. SEC. 2. FINDINGS; POLICY. (a) Findings.--The Congress finds the following: (1) Fishing is an important and traditional recreational activity in which 36,000,000 Americans 16 years old and older participate. (2) Hunting is an important and traditional recreational activity in which 14,000,000 Americans 16 years old and older participate. (3) Survey data from a recent comprehensive 3-year study entitled ``Factors Related to Hunting and Fishing Participation in the United States'' suggest that an overwhelming majority of Americans approved of fishing and hunting. (4) Anglers and hunters have been and continue to be among the foremost supporters of sound wildlife management and conservation practices in the United States. (5) Persons who hunt or fish and organizations related to those activities provide direct assistance to wildlife managers and enforcement officers of Federal, State, and local governments. (6) Funds raised through license, permit, and stamp purchases, as well as through excise taxes on goods used by anglers and hunters, have generated more than $6,000,000,000 for wildlife research and management. (7) Fishing and hunting are essential components of effective wildlife management, in that they tend to reduce conflicts between people and wildlife and provide incentives for the conservation of wildlife and habitats and ecosystems on which wildlife depends. (8) Each State has established one or more agencies staffed by professionally trained fish and wildlife management personnel, has legal authority to manage the fish and wildlife found within the State, and carries out sound programs of fish and wildlife management. (b) Policy.--It is the policy of the United States that in performing duties under Federal law, all Federal agencies that have authority to manage a natural resource or the Federal public land and water on which a natural resource depends shall exercise the authority, consistent with section 3(e), in a manner so as to support, promote, and enhance hunting and fishing opportunities to the extent permitted under State law and regulation and in accordance with applicable Federal law. SEC. 3. TAKING OF FISH AND WILDLIFE ON FEDERAL PUBLIC LANDS. (a) In General.--Federal public land and water shall be open to access and use for fishing and hunting except-- (1) as limited by the State in which the Federal public land or water is located; or (2) as limited by the Federal agency responsible for the Federal public land or water-- (A) for reasons of national security; (B) for reasons of public safety; or (C) for reasons specifically authorized in applicable statutes. (b) Limitations on Terms of Federal Closure to Fishing or Hunting.-- (1) Limitation on duration.--Any closure of Federal public land or water to fishing or hunting may continue in effect only during the period in which the specific circumstances for which the closure is established exist. (2) Rule of construction.--Any authority of a Federal agency to close particular land or water to hunting or fishing shall not be construed as authority to protect or manage fish or wildlife. (c) Certain Federal Public Land and Water Administered by the National Park Service.--Nothing in this Act shall compel the opening to hunting or fishing of national parks or national monuments administered by the National Park Service. (d) No Priority.--This section does not require a Federal agency to give preference to fishing or hunting over other uses of Federal public land or water or land or water management priorities established in Federal law. (e) Authority of the States.-- (1) In general.--Nothing in this Act impairs the primacy of State authority in regulating the taking of fish and wildlife on land or water within the State, including Federal public land or water. (2) Federal authority.--Except as expressly provided by Act of Congress, the authority of a Federal agency regarding the taking of fish and wildlife on Federal public land or water managed by the Federal agency shall be no greater than the rights of a private owner of land or water. SEC. 4. PROTECTION OF THE INTEGRITY OF THE SPORTSMEN'S TRUST ACCOUNTS. (a) Federal Aid in Wildlife Restoration Act.--The Act entitled ``An Act to provide that the United States shall aid the States in wildlife- restoration projects, and for other purposes'', approved September 2, 1937 (16 U.S.C. 669 et seq.; commonly known as the Federal Aid in Wildlife Restoration Act), is amended-- (1) by striking ``Secretary of Agriculture'' each place it appears and inserting ``Secretary of the Interior''; and (2) in section 4 by adding at the end the following: ``(c) The amount of funding made available to the Secretary of the Interior for expenses under this section shall not be available for use as a supplement to decreased funding for any other expense under the authority of the Secretary of the Interior.''. (b) Federal Aid in Fish Restoration Act.--Section 4 of the Act entitled ``An Act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes'', approved August 9, 1950 (16 U.S.C. 777c; commonly known as the Federal Aid in Fish Restoration Act), is amended by adding at the end the following: ``(f) The amount of funding made available to the Secretary of the Interior for expenses under this section shall not be available for use as a supplement to decreased funding for any other expense under the authority of the Secretary of the Interior.''. SEC. 5. EVALUATION OF WILDLIFE MANAGEMENT EFFECTS. (a) Statement.--No Federal agency action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal public land or water shall be effective until the agency prepares a detailed statement evaluating the effect of the action on fishing and hunting. (b) Notice and Hearing.--Before taking an action described in subsection (a), a Federal agency shall-- (1) provide notice of the proposed agency action to the appropriate State agency responsible for the conduct or oversight of fish and wildlife management; and (2) conduct a public hearing in the vicinity of the proposed action. (c) Judicial Review.--An individual or entity that may be adversely affected by a loss of fishing or hunting opportunities on Federal public land or water as a result of an agency action described in subsection (a) may bring a civil action in a United States district court for review of the adequacy of the statement required in subsection (a). (d) Emergencies.--Nothing in this section precludes an agency from exercising statutory authority to close Federal public land or water in an emergency or other exigent circumstances. (e) Effect on Other Law.--Nothing in this section affects or has application to the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) or the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 6. CIVIL ACTIONS. (a) Intervention.--A person interested in participating in fishing or hunting shall be entitled to intervene as a matter of right in a civil action brought under any other Federal law relating to the use of any Federal public land or water in which the plaintiff seeks an order that would require the use (or nonuse) of the land or water in such a manner as to impair access to or use of the land or water for the purpose of fishing or hunting as required by this Act. (b) Consideration of Interests.--If an intervenor under subsection (a) shows that the application of another Federal law as sought by the plaintiff would be likely to impair access to or use of the Federal public land or water for the purpose of fishing or hunting as required by this Act, the court shall not grant the relief sought unless the plaintiff shows that the interest intended to be advanced by the other Federal law clearly outweighs the interest of protecting access to and use of Federal public land or water for fishing and hunting. (c) State Deemed Indispensable Party.--In any civil action brought in any United States district court under any other Federal law relating to the use of any Federal public land or water, a State is deemed an indispensable party if management by the State of fish and resident wildlife, including hunting and fishing, would be curtailed or if opportunities provided by the State for hunting and fishing would be reduced or eliminated by a grant of preliminary or final relief. SEC. 7. STANDING TO BRING A CIVIL ACTION. An individual who is licensed by a State to engage in fishing or hunting, or an organization representing the interests of such individuals, may bring a civil action in a United States district court to seek declaratory or injunctive relief regarding the implementation of any provision of this Act, including a declaration that a civil action brought by another person may significantly disrupt or eliminate opportunities for fishing or hunting and an injunction against the prosecution of the civil action. SEC. 8. DEFINITIONS. As used in this Act: (1) Hunting and fishing.--For any State, the terms ``hunting'' and ``fishing'' include all means and methods of taking fish and wildlife as authorized and regulated by the State agency responsible for the conduct or oversight of fish and wildlife management. (2) Federal public land or water.--The term ``Federal public land or water''-- (A) except as provided in subparagraph (B), means all lands and waters owned in fee by the United States and all property interests owned by the United States in land or water, including easements, that are administered by-- (i) the Secretary of the Interior through the Bureau of Land Management, the United States Fish and Wildlife Service, the National Park Service, or the Bureau of Reclamation; (ii) the Secretary of Agriculture through the United States Forest Service; or (iii) the Secretary of Defense through the United States Army Corps of Engineers or pursuant to the Sikes Act (16 U.S.C. 670a et seq.); and (B) does not include any land or water, or interest in land or water, that is part of a national park or national monument, administered by the National Park Service.
summary: Sportsmen's Bill of Rights Act - Requires Federal public land and water to be open to access and use for fishing and hunting except as limited by: (1) the State involved; or (2) the responsible Federal agency for reasons of national security, public safety, or specific authorization. Allows such land to be closed only during the period in which the reasons for such closure exist. Amends the Federal Aid in Wildlife Restoration Act to authorize the Secretary of the Interior (Secretary) to cooperate with the Secretary of the Interior of Puerto Rico (currently the Secretary of Agriculture of Puerto Rico) in wildlife-restoration projects. Prohibits funds made available to the Secretary for expenses in the administration and execution of wildlife-restoration projects under such Act and the Federal Aid in Fish Restoration Act from being used as a supplement to decreased funding for any other expense of the Secretary. Prohibits a Federal agency's action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal public land or water until the agency prepares a detailed statement evaluating the action's effect on fishing and hunting. Provides for judicial review of such action. Provides for intervention by an interested person in a civil action relating to the use of Federal public land or water for fishing or hunting. Provides standing to seek declaratory or injunctive relief regarding the implementation of this Act for an individual licensed to engage in fishing or hunting, or an organization representing the interests of such individuals.