16 U.S.C. § 8423 — Range access
submitted 1 year ago by Pub. L. 118-234 to r/title-16-CONSERVATION · 1,013 words · no verdicts yet
This section requires an assessment of Federal target shooting ranges and, where permitted, identification and establishment or maintenance of qualifying ranges. It sets range features, safety and closure rules, coordination options, annual reporting to specified congressional committees, and a savings clause.
(a) In this section, “target shooting range” means a developed and managed area authorized or operated by the Forest Service, a Forest Service concessioner, or the Bureau of Land Management or its lessee, specifically for the public's purposeful discharge of legal firearms, firearms training, archery, or related activities. This section does not define “concessioner” or “lessee.”
(b) (1) Not later than one year after January 4, 2025, the Secretary concerned* must make public a list that—
(A) identifies each National Forest and Bureau of Land Management district with a target shooting range meeting paragraph (3)(B);
(B) identifies each such National Forest and district without a range meeting paragraph (3)(B); and
(C) for each National Forest and district identified under subparagraph (B), determines whether applicable law or the applicable land-use plan prevents establishing such a range.
(2) (A) The Secretary* concerned must identify at least one suitable location for a qualifying target shooting range within each National Forest and Bureau of Land Management district where the Secretary has determined under paragraph (1)(C) that applicable law or the land-use plan does not prevent establishing one.
(B) The Secretaries*, consulting the entities in subsection (d), must, when identifying a location—
(i) consider how close it is to areas frequently used by recreational shooters;
(ii) ensure it would not adversely affect a range on non-Federal land; and
(iii) consider nearby recreational uses, including proximity to National Park System units, to minimize possible conflict and prioritize visitor safety.
(3) (A) Not later than five years after January 4, 2025, at one or more suitable locations identified on each eligible National Forest and Bureau of Land Management district, the Secretary concerned must—
(i) subject to available appropriations, construct a qualifying target shooting range or modify an existing range to qualify; or
(ii) enter into an agreement with an entity described in subsection (d)(1) under which the entity establishes or maintains a qualifying target shooting range.
(B) A range established under this paragraph—
(i) (I) must accommodate rifles and pistols; (II) may include skeet, trap, or sporting-clay infrastructure; and (III) may accommodate archery;
(ii) must include appropriate public-safety designs and features, including significantly modified landscapes such as berms, buffer distances, or other safety designs or features, and a designated firing line; and
(iii) may include shade structures, trash containers, restrooms, benches, and any other feature the Secretary concerned decides is necessary.
(C) For subparagraph (A), the Secretary concerned may treat a target shooting range on land transferred or leased under the Recreation and Public Purposes Act of June 14, 1926 (44 Stat. 741, chapter 578; 43 U.S.C. 869 and following) as meeting subparagraph (B).
(c) (1) The Secretary concerned may subject a target shooting range's management to conditions necessary for safe, responsible use of the range and adjacent land and resources.
(2) Except in an emergency, before closing Federal recreational lands and waters* administered by the Chief of the Forest Service or the Director of the Bureau of Land Management to recreational shooting under section 7913 of this title, the Secretary concerned must seek to ensure that a range meeting subsection (b)(3)(B), or an equivalent range next to a National Forest or Bureau of Land Management district, is available to the public.
(d) (1) In carrying out this section, the Secretaries must coordinate with State*, Tribal, and local governments; nonprofit or nongovernmental organizations, including signatories to the August 17, 2006, Federal Lands Hunting, Fishing, and Shooting Sports Roundtable memorandum of understanding; shooting clubs; Federal advisory councils on hunting and shooting sports; and people or entities with authorized leases or permits in an area being considered.
(2) The Secretaries may coordinate with an entity listed in paragraph (1) to help construct, modify, operate, or maintain a range. They may also explore ways to leverage funding to maximize non-Federal investment in those activities.
(e) Not later than two years after January 4, 2025, and annually afterward through fiscal year 2033, the Secretaries must submit to the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources a report describing progress in carrying out this section.
(f) Nothing in this section changes the Secretary concerned's authority to administer a target shooting range in addition to ranges meeting subsection (b)(3)(B) on Federal recreational lands and waters administered by that Secretary.
In this section, the term “target shooting range” means a developed and managed area that is authorized or operated by the Forest Service, a concessioner of the Forest Service, or the Bureau of Land Management (or their lessee) specifically for the purposeful discharge by the public of legal firearms, firearms training, archery, or other associated activities.
Not later than 1 year after January 4, 2025, the Secretary concerned* shall make available to the public a list that—
identifies each National Forest and each Bureau of Land Management district that has a target shooting range that meets the requirements described in paragraph (3)(B);
identifies each National Forest and each Bureau of Land Management district that does not have a target shooting range that meets the requirements described in paragraph (3)(B); and
for each National Forest and each Bureau of Land Management district identified under subparagraph (B), provides a determination of whether applicable law or the applicable land use plan* prevents the establishment of a target shooting range that meets the requirements described in paragraph (3)(B).
The Secretary* concerned shall identify at least 1 suitable location for a target shooting range that meets the requirements described in paragraph (3)(B) within each National Forest and each Bureau of Land Management district with respect to which the Secretary concerned has determined under paragraph (1)(C) that the establishment of a target shooting range is not prevented by applicable law or the applicable land use plan.
The Secretaries*, in consultation with the entities described in subsection (d), shall, for purposes of identifying a suitable location for a target shooting range under subparagraph (A)—
consider the proximity of areas frequently used by recreational shooters;
ensure that the target shooting range would not adversely impact a shooting range operated on non-Federal land; and
consider other nearby recreational uses, including proximity to units of the National Park System, to minimize potential conflict and prioritize visitor safety.
Not later than 5 years after January 4, 2025, at 1 or more suitable locations identified on each eligible National Forest and Bureau of Land Management district under paragraph (2)(A), the Secretary concerned shall—
subject to the availability of appropriations for such purpose, construct a target shooting range that meets the requirements described in subparagraph (B) or modify an existing target shooting range to meet the requirements described in subparagraph (B); or
enter into an agreement with an entity described in subsection (d)(1), under which the entity shall establish or maintain a target shooting range that meets the requirements described in subparagraph (B).
A target shooting range established under this paragraph—
shall be able to accommodate rifles and pistols;
may include skeet, trap, or sporting clay infrastructure; and
may accommodate archery;
shall include appropriate public safety designs and features, including—
significantly modified landscapes, including berms, buffer distances, or other public safety designs or features; and
a designated firing line; and
may include—
shade structures;
trash containers;
restrooms;
benches; and
any other features that the Secretary concerned determines to be necessary.
For purposes of subparagraph (A), the Secretary concerned may consider a target shooting range that is located on land transferred or leased pursuant to the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), as a target shooting range that meets the requirements described in subparagraph (B).
The management of a target shooting range shall be subject to such conditions as the Secretary concerned determines are necessary for the safe, responsible use of—
the target shooting range; and
the adjacent land and resources.
Except in emergency situations, the Secretary concerned shall seek to ensure that a target shooting range that meets the requirements described in subsection (b)(3)(B), or an equivalent shooting range adjacent to a National Forest or Bureau of Land Management district, is available to the public prior to closing Federal recreational lands and waters* administered by the Chief of the Forest Service or the Director of the Bureau of Land Management to recreational shooting, in accordance with section 7913 of this title.
In carrying out this section, the Secretaries shall coordinate with—
State*, Tribal, and local governments;
nonprofit or nongovernmental organizations, including organizations that are signatories to the memorandum of understanding entitled “Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding” and signed by the Forest Service and the Bureau of Land Management on August 17, 2006;
shooting clubs;
Federal advisory councils relating to hunting and shooting sports; and
individuals or entities with authorized leases or permits in an area under consideration for a target shooting range.
The Secretaries may—
coordinate with an entity described in paragraph (1) to assist with the construction, modification, operation, or maintenance of a target shooting range; and
explore opportunities to leverage funding to maximize non-Federal investment in the construction, modification, operation, or maintenance of a target shooting range.
Not later than 2 years after January 4, 2025, and annually thereafter through fiscal year 2033, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the progress made with respect to the implementation of this section.
Nothing in this section affects the authority of the Secretary concerned to administer a target shooting range that is in addition to the target shooting ranges that meet the requirements described in subsection (b)(3)(B) on Federal recreational lands and waters administered by the Secretary concerned.
Source credit: (Pub. L. 118–234, title I, § 123, Jan. 4, 2025, 138 Stat. 2844.)
- 2025Enacted · Pub. L. 118-234 · 138 Stat. 2844
A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-234 on 2025-01-04.
all 0 arguments · sorted by: best
no arguments yet — make the first case