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16 U.S.C. § 7913Closure of Federal land to hunting, fishing, and recreational shooting

submitted 7 years ago by Pub. L. 116-9 to r/title-16-CONSERVATION · 653 words · no verdicts yet

in plain englishAI-generated · not legal advice

An agency may close part of federal land to hunting, fishing, or shooting for safety, management, or legal reasons, but only the smallest area for the shortest time needed. Closing land usually requires consulting state wildlife agencies and taking public comment first, and temporary closures are capped at 180 days with limited renewals. Agencies must report all closures every year.

(a) Authorization. The agency in charge may designate an area of federal land, and a time period, where hunting, fishing, or recreational shooting is banned — but only for reasons of public safety, land management, or following the law. The agency must pick the smallest area and shortest time that actually accomplishes that goal. (b) Closure procedures. Except in an emergency, before permanently or temporarily closing land, the agency must consult state fish and wildlife agencies and give public notice with a chance to comment. That notice must be published in advance — in the Federal Register, on the agency's website, on the specific land unit's website if it has one, and in at least one local newspaper. It must also go in advance to local hunting, fishing, and shooting groups that signed a specific interagency memorandum of understanding. The notice must describe the proposed closure and explain why it's needed. The public comment period must run at least 60 days for a permanent closure, or at least 30 days for a temporary one. When making its final decision, the agency must respond reasonably to the comments received, explain how it resolved any major issues raised, and show how that led to the closure. (c) Temporary closures. A temporary closure can't run longer than 180 days. Except in an emergency, the same closure of the same land for the same activities can't be renewed more than three times, and each renewal needs its own separate notice-and-comment process. A temporary closure never turns into a permanent one without going through that separate public notice and comment process. (d) Reporting. Each year, the agencies must publish online a list of all federal land currently closed, temporarily or permanently, under this section. They must also report to four named congressional committees, listing every closed area, its acreage, and — state by state — the total area and acreage closed, plus the percentage of that state's federal land now closed to hunting, fishing, and recreational shooting. (e) Application. This section does not apply to a closure that lasts less than 14 days and is covered by a special use permit.
the actual law source: uscode.house.gov ↗public domain
(a) Authorization
(1) In general

Subject to paragraph (2) and in accordance with section 1732(b) of title 43, the Secretary concerned may designate any area on Federal land in which, and establish any period during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or recreational shooting shall be permitted.

(2) Requirement

In making a designation under paragraph (1), the Secretary concerned shall designate the smallest area for the least amount of time that is required for public safety, administration, or compliance with applicable laws.

(b) Closure procedures
(1) In general

Except in an emergency, before permanently or temporarily closing any Federal land to hunting, fishing, or recreational shooting, the Secretary concerned shall—

(A)

consult with State fish and wildlife agencies; and

(B)

provide public notice and opportunity for comment under paragraph (2).

(2) Public notice and comment
(A) In general

Public notice and comment shall include—

(i)

a notice of intent—

(I)

published in advance of the public comment period for the closure—

(aa)

in the Federal Register;

(bb)

on the website of the applicable Federal agency;

(cc)

on the website of the Federal land unit, if available; and

(dd)

in at least 1 local newspaper;

(II)

made available in advance of the public comment period to local offices, chapters, and affiliate organizations in the vicinity of the closure that are signatories to the memorandum of understanding entitled “Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding”; and

(III)

that describes—

(aa)

the proposed closure; and

(bb)

the justification for the proposed closure, including an explanation of the reasons and necessity for the decision to close the area to hunting, fishing, or recreational shooting; and

(ii)

an opportunity for public comment for a period of—

(I)

not less than 60 days for a permanent closure; or

(II)

not less than 30 days for a temporary closure.

(B) Final decision

In a final decision to permanently or temporarily close an area to hunting, fishing, or recreation 1 shooting, the Secretary concerned shall—

(i)

respond in a reasoned manner to the comments received;

(ii)

explain how the Secretary concerned resolved any significant issues raised by the comments; and

(iii)

show how the resolution led to the closure.

(c) Temporary closures
(1) In general

A temporary closure under this section may not exceed a period of 180 days.

(2) Renewal

Except in an emergency, a temporary closure for the same area of land closed to the same activities—

(A)

may not be renewed more than 3 times after the first temporary closure; and

(B)

must be subject to a separate notice and comment procedure in accordance with subsection (b)(2).

(3) Effect of temporary closure

Any Federal land that is temporarily closed to hunting, fishing, or recreational shooting under this section shall not become permanently closed to that activity without a separate public notice and opportunity to comment in accordance with subsection (b)(2).

(d) Reporting

On an annual basis, the Secretaries concerned shall—

(1)

publish on a public website a list of all areas of Federal land temporarily or permanently subject to a closure under this section; and

(2)

submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report that identifies—

(A)

a list of each area of Federal land temporarily or permanently subject to a closure;

(B)

the acreage of each closure; and

(C)

a survey of—

(i)

the aggregate areas and acreage closed under this section in each State; and

(ii)

the percentage of Federal land in each State closed under this section with respect to hunting, fishing, and recreational shooting.

(e) Application

This section shall not apply if the closure is—

(1)

less than 14 days in duration; and

(2)

covered by a special use permit.

Source credit: (Pub. L. 116–9, title IV, § 4103, Mar. 12, 2019, 133 Stat. 757.)

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 116-9 · 133 Stat. 757

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-9 on 2019-03-12.

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