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II
113th CONGRESS
1st Session
S. 1212
IN THE SENATE OF THE UNITED STATES
June 20, 2013
Mr. Udall of Colorado
(for himself, Mr. Risch,
Mr. Bennet, Mrs. Hagan, Ms.
Klobuchar, Mr. Tester,
Mr. Barrasso, Mr. Crapo, Mr.
Thune, Mr. Begich,
Mr. Pryor, Mr.
Enzi, and Mr. Heller)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public
Works
A BILL
To amend the Pittman-Robertson Wildlife
Restoration Act to facilitate the establishment of additional or expanded
public target ranges in certain States.
1.
Short title
This Act may be cited as the
Target Practice and Marksmanship
Training Support Act.
2.
Findings; purpose
(a)
Findings
Congress finds that—
(1) the use of firearms and archery equipment
for target practice and marksmanship training activities on Federal land is
allowed, except to the extent specific portions of that land have been closed
to those activities;
(2) in recent years preceding the date of
enactment of this Act, portions of Federal land have been closed to target
practice and marksmanship training for many reasons;
(3) the availability of public target ranges on
non-Federal land has been declining for a variety of reasons, including
continued population growth and development near former ranges;
(4) providing opportunities for target practice
and marksmanship training at public target ranges on Federal and non-Federal
land can help—
(A) to promote enjoyment of shooting,
recreational, and hunting activities; and
(B) to ensure safe and convenient locations for
those activities;
(5) Federal law in effect on the date of
enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act
(16 U.S.C. 669 et seq.), provides Federal support for construction and
expansion of public target ranges by making available to States amounts that
may be used for construction, operation, and maintenance of public target
ranges; and
(6) it is in the public interest to provide
increased Federal support to facilitate the construction or expansion of public
target ranges.
(b)
Purpose
The purpose of this Act is to facilitate
the construction and expansion of public target ranges, including ranges on
Federal land managed by the Forest Service and the Bureau of Land
Management.
3.
Definition of public target
range
In this Act, the term
public target range means a specific location that—
(1) is identified by a governmental agency for
recreational shooting;
(2) is open to the public;
(3) may be supervised; and
(4) may accommodate archery or rifle, pistol,
or shotgun shooting.
4.
Amendments to Pittman-Robertson Wildlife
Restoration Act
(a)
Definitions
Section 2 of the Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. 669a) is amended—
(1) by redesignating paragraphs (2) through (8)
as paragraphs (3) through (9), respectively; and
(2) by inserting after paragraph (1) the
following:
(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;
.
(b)
Expenditures for management of wildlife
areas and resources
Section
8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is
amended—
(1) by striking (b) Each State
and inserting the following:
(b)
Expenditures for management of wildlife
areas and resources
(1)
In general
Except as provided in paragraph (2), each
State
;
(2) in paragraph (1) (as so designated), by
striking construction, operation, and inserting
operation;
(3) in the second sentence, by striking
The non-Federal share and inserting the following:
(3)
Non-Federal share
The non-Federal
share
;
(4) in the third sentence, by striking
The Secretary and inserting the following:
(4)
Regulations
The
Secretary
;
and
(5) by inserting after paragraph (1) (as
designated by paragraph (1) of this subsection) the following:
(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.
.
(c)
Firearm and bow hunter education and safety
program grants
Section 10 of
the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is
amended—
(1) in subsection (a), by adding at the end the
following:
(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.
;
(2) by striking subsection (b) and inserting
the following:
(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.
;
and
(3) in subsection (c)(1)—
(A) by striking Amounts made and
inserting the following:
(A)
In general
Except as provided in subparagraph (B),
amounts made
;
and
(B) by adding at the end the following:
(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.
.
5.
Limits on liability
(a)
Discretionary function
For purposes of chapter 171 of title 28,
United States Code (commonly referred to as the Federal Tort Claims
Act), any action by an agent or employee of the United States to manage
or allow the use of Federal land for purposes of target practice or
marksmanship training by a member of the public shall be considered to be the
exercise or performance of a discretionary function.
(b)
Civil action or claims
Except to the extent provided in chapter
171 of title 28, United States Code, the United States shall not be subject to
any civil action or claim for money damages for any injury to or loss of
property, personal injury, or death caused by an activity occurring at a public
target range that is—
(1) funded in whole or in part by the Federal
Government pursuant to the Pittman-Robertson Wildlife Restoration Act (16
U.S.C. 669 et seq.); or
(2) located on Federal land.
6.
Sense of Congress regarding
cooperation
It is 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.