16 U.S.C. § 7911 — Definitions

Page 2717 TITLE 16—CONSERVATION § 7913 1 So in original. Probably should be ‘‘recreational’’. ployees, section 2412 of Title 28, Judiciary and Judicial Procedure, and section 1304 of Title 31, Money and Fi- nance. For complete classification of title IV to the Code, see Tables. SUBCHAPTER II—SPORTSMEN’S ACCESS TO FEDERAL LAND § 7911. Definitions In this subchapter: (1) Federal land The term ‘‘Federal land’’ means— (A) any land in the National Forest Sys- tem (as defined in section 1609(a) of this title) that is administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) public lands (as defined in section 1702 of title 43), the surface of which is adminis- tered by the Secretary, acting through the Director of the Bureau of Land Management. (2) Secretary concerned The term ‘‘Secretary concerned’’ means— (A) the Secretary of Agriculture, with re- spect to land described in paragraph (1)(A); and (B) the Secretary, with respect to land de- scribed in paragraph (1)(B). (Pub. L. 116–9, title IV, § 4101, Mar. 12, 2019, 133 Stat. 757.) Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under sec- tion 1 of this title. § 7912. Federal land open to hunting, fishing, and recreational shooting (a) In general Subject to subsection (b), Federal land shall be open to hunting, fishing, and recreational shoot- ing, in accordance with applicable law, unless the Secretary concerned closes an area in ac- cordance with section 7913 of this title. (b) Effect of part Nothing in this subchapter opens to hunting, fishing, or recreational shooting any land that is not open to those activities as of March 12, 2019. (Pub. L. 116–9, title IV, § 4102, Mar. 12, 2019, 133 Stat. 757.) § 7913. Closure of Federal land to hunting, fish- ing, and recreational shooting (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, adminis- tration, 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, administra- tion, 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 sig- natories to the memorandum of under- standing entitled ‘‘Federal Lands Hunt- ing, Fishing, and Shooting Sports Roundtable Memorandum of Under- standing’’; and (III) that describes— (aa) the proposed closure; and (bb) the justification for the pro- posed closure, including an expla- nation of the reasons and necessity for the decision to close the area to hunt- ing, fishing, or recreational shooting; and (ii) an opportunity for public comment for a period of— (I) not less than 60 days for a perma- nent closure; or (II) not less than 30 days for a tem- porary closure. (B) Final decision In a final decision to permanently or tem- porarily close an area to hunting, fishing, or recreation 1 shooting, the Secretary con- cerned 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.