text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Recreational Hunting Safety and 
  Preservation Act of 1993''.
  
  SEC. 2. FINDINGS.
  
      Congress finds that--
              (1) recreational hunting, when carried out pursuant to law 
          (as implemented by the regulations of Federal and State 
          wildlife management agencies) is a necessary and beneficial 
          element in the proper conservation and management of healthy, 
          abundant, and biologically diverse wildlife resources;
              (2) recreational hunters (because of a generally 
          demonstrated concern with the conservation of wildlife 
          resources and preservation of habitat necessary for the 
          breeding and maintenance of healthy wildlife populations, and 
          through a familiarity with the resources gained from experience 
          in the field) are a valuable asset in ensuring enlightened 
          public input into decisions regarding management and 
          maintenance programs for wildlife resources and habitat;
              (3)(A) recreational hunting supports industries highly 
          significant to the national economy through sales in interstate 
          commerce of sporting goods; and
              (B) the Federal excise taxes imposed on the sales provide a 
          major source of funding for vital programs of wildlife 
          conservation and management;
              (4) various persons are engaging in (and have announced an 
          intent to continue to engage in) a variety of disruptive 
          activities with the premeditated purpose of preventing and 
          interfering with the conduct of lawful recreational hunting on 
          Federal lands, which activities--
                      (A) place both recreational hunters and the 
                  disruptive persons in imminent jeopardy of grave 
                  physical injury or death;
                      (B) disrupt the peaceful, lawful, and prudent 
                  conduct of wildlife population and habitat management 
                  programs by Federal and State wildlife management 
                  agencies; and
                      (C) ultimately may alter the planned program 
                  objectives, resulting in--
                              (i) undesirable patterns of activity within 
                          populations of wildlife;
                              (ii) the endangerment of the future 
                          viability of wildlife species; and
                              (iii) damage to habitat values;
              (5) Federal lands comprise important wildlife habitat 
          resources that--
                      (A) support many large, diverse, and vital 
                  populations of wildlife; and
                      (B) offer significant opportunities for legal 
                  recreational hunting as an important management tool to 
                  ensure the future viability of the wildlife 
                  populations;
              (6) it is the right of citizens of the United States freely 
          to enjoy lawful recreational hunting on Federal lands in 
          accordance with regulations promulgated by Federal and State 
          wildlife management agencies; and
              (7) in many instances under current law, vagueness and 
          ambiguity exist regarding the application of State laws and 
          enforcement activities relating to--
                      (A) the safety of hunters; and
                      (B) the legal rights of recreational hunters to 
                  participate peacefully in lawful hunts on Federal 
                  lands.
  
  SEC. 3. DEFINITIONS.
  
      As used in this Act:
              (1) Federal lands.--The term ``Federal lands'' means--
                      (A) national forests;
                      (B) public lands;
                      (C) national parks; and
                      (D) wildlife refuges.
              (2) Lawful hunt.--The term ``lawful hunt'' means an 
          occasion when an individual is engaged in the taking or 
          harvesting (or attempted taking or harvesting) through a legal 
          means and during a specified legal season of a wildlife or 
          fish, on Federal lands, which activity--
                      (A)(i) is authorized by or licensed under the law 
                  of the State in which it takes place; or
                      (ii) is regulated by game or fishing seasons 
                  established by the State in which it takes place;
                      (B) is not prohibited by a law of the United 
                  States; and
                      (C) does not infringe upon a right of an owner of 
                  private property.
              (3) National forest.--The term ``national forest'' means 
          lands included in the National Forest System (as defined in 
          section 11(a) of the Forest and Rangeland Renewable Resources 
          Planning Act of 1974 (16 U.S.C. 1609(a))).
              (4) National park.--The term ``national park'' means lands 
          and waters included in the national park system (as defined in 
          section 2(a) of the Act entitled ``An Act to facilitate the 
          management of the National Park System and miscellaneous areas 
          administered in connection with that system, and for other 
          purposes'', approved August 8, 1953 (16 U.S.C. 1c(a))).
              (5) Public lands.--The term ``public lands'' has the same 
          meaning as is provided in section 103(e) of the Federal Land 
          Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
              (6) Secretary.--The term ``Secretary'' means--
                      (A) the Secretary of Agriculture with respect to 
                  national forests; and
                      (B) the Secretary of the Interior with respect to--
                              (i) public lands;
                              (ii) national parks; and
                              (iii) wildlife refuges.
              (7) Wildlife refuge.--The term ``wildlife refuge'' means 
          lands and waters included in the National Wildlife Refuge 
          System (as established by section 4 of the National Wildlife 
          Refuge System Administration Act of 1966 (16 U.S.C. 668dd)).
  
  SEC. 4. OBSTRUCTION OF A LAWFUL HUNT.
  
      (a) Violation.--It is unlawful for a person knowingly and with the 
  intent of obstructing, impeding, or interfering with a lawful hunt by 
  an individual to--
              (1) obstruct, impede, or otherwise interfere with a lawful 
          hunt by an individual;
              (2) scare, herd, harass, decoy, or otherwise engage in 
          activities designed to affect wildlife on Federal lands;
              (3) engage in activities that prevent or impede the 
          reasonable and usual means of access by those individuals who 
          intend to participate in a lawful hunt, whether the activities 
          occur on Federal lands or upon a public or private road, 
          highway, path, trail, or other normal route of access to 
          Federal lands;
              (4) take or abuse property, equipment, or hunting dogs 
          being used in conjunction with a lawful hunt; or
              (5) enter onto Federal lands, travel in interstate 
          commerce, use the United States mails or an instrumentality of 
          interstate telephonic or electronic communications, or 
          transport or cause to be transported in interstate commerce a 
          material or item, to further--
                      (A) a scheme or effort to obstruct, impede, or 
                  otherwise interfere with a lawful hunt; or
                      (B) the efforts of another person to obstruct, 
                  impede, or interfere with a lawful hunt.
      (b) Multiple Violations.--The Secretary may consider participation 
  by a person in more than one of the activities described in this 
  section to constitute multiple violations.
  
  SEC. 5. CIVIL PENALTIES.
  
      (a) In General.--A person who engages in an activity described in 
  section 4 shall be assessed a civil penalty of not less than $500, and 
  not more than $5,000, for each violation.
      (b) Violation Involving Force or Violence.--Upon a determination by 
  a court that the activity involved the use of force or violence, or the 
  threatened use of force or violence, against the person or property of 
  another person, a person who engages in an activity described in 
  section 4 shall be assessed a civil penalty of not less than $1,000, 
  and not more than $10,000, for each violation.
      (c) Relationship to Other Penalties.--The penalties established by 
  this section shall be in addition to other criminal or civil penalties 
  that may be levied against the person as a result of an activity in 
  violation of section 4.
      (d) Procedure.--
              (1) Complaints from government agents.--Upon receipt of a 
          written complaint from an officer, employee, or agent of the 
          Forest Service, Bureau of Land Management, National Park 
          Service, United States Fish and Wildlife Service, or other 
          Federal agency that a person violated section 4, the Secretary 
          shall--
                      (A) forward the complaint to the United States 
                  Attorney for the Federal judicial district in which the 
                  violation is alleged to have occurred; and
                      (B) request the Attorney General of the United 
                  States to institute a civil action for the imposition 
                  and collection of the civil penalty specified in 
                  subsection (a) or (b).
              (2) Complaints from individuals.--Upon receipt of a sworn 
          affidavit from an individual and a determination by the 
          Secretary that the statement contains sufficient factual data 
          to create a reasonable belief that a violation of section 4 has 
          occurred, the Secretary shall--
                      (A) forward a complaint to the United States 
                  Attorney for the Federal judicial district in which the 
                  violation is alleged to have occurred; and
                      (B) request the Attorney General of the United 
                  States to institute a civil action for the imposition 
                  and collection of the civil penalty specified in 
                  subsection (a) or (b).
      (e) Use of Penalty Money Collected.--After deduction of costs 
  attributable to collection, money collected from penalties shall be--
              (1) deposited into the trust fund established pursuant to 
          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) 
          (commonly known as the ``Pitman-Robertson Wildlife Restoration 
          Act''), to support the activities authorized by such Act and 
          undertaken by State wildlife management agencies; or
              (2) used in such other manner as the Secretary determines 
          will enhance the funding and implementation of--
                      (A) the North American Waterfowl Management Plan 
                  signed by the Secretary of the Interior and the 
                  Minister of Environment for Canada in May 1986; or
                      (B) a similar program that the Secretary determines 
                  will enhance wildlife management--
                              (i) on Federal lands; or
                              (ii) on private or State-owned lands when 
                          the efforts will also provide a benefit to 
                          wildlife management objectives on Federal 
                          lands.
  
  SEC. 6. OTHER RELIEF.
  
      (a) Injunctive Relief.--Injunctive relief against a violation of 
  section 4 may be sought by--
              (1) the head of a State agency with jurisdiction over fish 
          or wildlife management;
              (2) the Attorney General of the United States; or
              (3) any person who is or would be adversely affected by the 
          violation, or a hunting or sportsman's organization to which 
          the person belongs.
      (b) Damages and Attorney's Fees.--Any person who is or would be 
  adversely affected by a violation of section 4, or a hunting or 
  sportsman's organization to which the person belongs, may bring a civil 
  action to recover--
              (1) actual and punitive damages; and
              (2) reasonable attorney's fees.
  
  SEC. 7. RELATIONSHIP TO STATE AND LOCAL LAW AND CIVIL ACTIONS.
  
      (a) Law or Ordinance.--This Act is not intended to preempt a State 
  law or local ordinance that provides for civil or criminal penalties 
  for a person who obstructs or otherwise interferes with a lawful hunt.
      (b) Civil Action.--The bringing of an action pursuant to this Act 
  shall not prevent an independent action against a person under a State 
  law or local ordinance.
  
  SEC. 8. REGULATIONS.
  
      The Secretary may issue such regulations as are necessary to carry 
  out this Act.
target: Recreational Hunting Safety and Preservation Act of 1993 - Makes it unlawful to intentionally obstruct a lawful hunt (as defined by this Act) on Federal lands. 
  Establishes:  (1) civil penalties for such violations; (2) procedures for individual and government agent complaints; and (3) permitted uses of collected penalty money.  Authorizes injunctive relief.  Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees.
feat_title: Recreational Hunting Safety and Preservation Act of 1993