Implementation of the John D. Dingell, Jr. Conservation, Management, and Recreation Act.
United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Grand Junction, Colorado 81506
https://www.blm.gov
December 30, 2020
In Reply Refer To:
8300 (430) P
EMS TRANSMISSION 12/30/2021
Information Memorandum No. 2021-010
Expires: 9/30/2024
To: All Headquarters, State, and Field Office Officials
Attn: State, District and Field Office Program Leaders, including Recreation, National Conservation Lands, Planning, Lands and Realty, Wildlife, and Law Enforcement
From: Assistant Director, National Conservation Lands and Community Partnerships
Subject: Implementation of the John D. Dingell, Jr. Conservation, Management, and Recreation Act.
Program Area: Recreation and Visitor Services, National Conservation Lands, Planning, Lands and Realty, Wildlife, Law Enforcement
Purpose: This Instruction Memorandum (IM) provides guidance for implementing Section 4104 of Public Law 116-9 (the John D. Dingell Jr. Conservation, Management, and Recreation Act) and provides additional clarity on the consideration of recreational target shooting in land use planning decisions.[1]
Administrative or Mission Related: Mission.
Policy/Action: It is the long-standing policy of the Bureau of Land Management (BLM) that recreational target shooting is an important part of its land management mission under the Federal Land Policy and Management Act. Recreational target shooting is currently allowed on over 99 percent of the 245 million surface acres the BLM manages. This specifically includes many lands under the National Conservation Lands umbrella: national monuments, national conservation areas and similar designations, national scenic and historic trails, wild and scenic rivers, wilderness, and wilderness study areas.[2]
Section 4103 of Public Law 116-9 (16 U.S.C. § 7913) requires the BLM to engage in a notice-and-comment process before closing federal land to hunting, fishing, or recreational target shooting.[3] That process is laid out here for the purposes of this IM. The law directs the Secretary, when closing public land to these activities, “to designate the smallest area for the least amount of time that is required for public safety, administration, or compliance with applicable laws.”
The law also imposes several specific procedural requirements. Before a temporary or permanent closure occurs, [4] the BLM is to “consult with State fish and wildlife agencies” and “provide public notice and opportunity for comment.” The public notice and comment requirements entail the issuance of a notice of intent published in advance of the public comment period for the closure in the Federal Register, on the BLM’s website, on the website of the federal land unit, if available, and in at least one local newspaper.
The notice must be 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.” The notice is to describe the proposed closure and 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 target shooting. An opportunity for public comment is to be no less than 60 days for a permanent closure or 30 days for a temporary closure.
In a final decision to close an area to hunting, fishing, or recreational target shooting, the BLM must “respond in a reasoned manner to the comments received,” explain how the agency “resolved any significant issues raised by the comments,” and “show how the resolution led to the closure.”
In addition, Section 4104[5] of Public Law 116-9 (16 U.S.C. § 7914) provides that the BLM may lease or permit the use of federal land for a shooting range but that it may not lease or permit the use of shooting ranges on National Landscape Conservation System units.
Public Law 116-9 does not define the term “shooting range,” and to date, the BLM has not attempted to define it. However, to guide field personnel in the consistent implementation of Section 4104 of Public Law 116-9, the BLM interprets “shooting range” to mean:
- A shooting range is a discrete location on public lands that is specifically authorized by the BLM in a land use plan, implementation-level plan, or formal decision document for the purposeful discharge of legal firearms, including one or more of the following: rifles, pistols, shotguns. A shooting range may also include archery.
- A shooting range must meet all of the following criteria:
- It must be developed and operated for public recreational target shooting;
- It must be developed and operated for training and competition; and
- It must be accessible to the public and properly maintained.
- When authorizing a shooting range on public lands, the BLM may allow the shooting range lessee or permittee to supervise and operate the shooting range in accordance with applicable law, provided that the lessee or permittee provides public shooting, competition, and training opportunities.
Subject to site-specific considerations, the BLM’s general policy is to avoid a net loss of shooting opportunities in its land use planning decisions. Ideally, land use planning decisions will enhance shooting opportunities. To facilitate consistent application of this policy across the BLM, District and Field offices should complete the attached concurrence memorandum template as part of its land use planning decision making process for concurrence by the State Director. This concurrence memoranda should include a dedicated subsection discussing the following:
- Existing recreational target shooting access that is being utilized by the public or provided on contiguous federal or state managed lands.
- The anticipated adverse impacts from any closures to recreational target shooting. This should include a discussion of impacts to local communities, public land users, and lands managed by other federal, state, and county agencies.
- Potential increased public recreational access to public lands resulting from increased recreational target shooting opportunities.
- State Office specific analyses assessing total acres statewide closed to recreational target shooting both prior to and since 2017.
- Incorporation of relevant documentation and analysis, including available National Environmental Policy Act analysis, may be cited within the subsection, where applicable.
Timeframe: Effective immediately.
Budget Impact: The policy will have minimal budget impact.
Background: For generations of Americans, public lands represent the very best places to enjoy recreational target shooting. BLM managed public lands play a central role in our nation’s hunting, fishing, and shooting sports heritage by offering unparalleled access to these opportunities. In fact, hunting, fishing, and recreational target shooting are currently allowed on over 99 percent of BLM-managed lands. By working with State agencies, local communities, and valued partners, the BLM has and will continue to ensure that the vast majority of the 245 million acres that it oversees remain open to these activities, allowing families the chance to pass down our nation’s rich outdoor heritage.
Recreational target shooting specifically is a long-standing use on public lands. This is further affirmed by Public Law 116-9, which states in Subtitle B that federal lands should generally be open to recreational target shooting and makes it the policy of the United States that federal department and agencies “facilitate the expansion and enhancement of hunting, fishing, and recreational shooting opportunities on federal land…” and “consider hunting, fishing, and recreational shooting opportunities as part of all federal plans for land, resource, and travel management.”
Manual/Handbook Sections Affected: None.
Coordination: Development of this policy was coordinated with the Office of the Solicitor and the Directorate of National Conservation Lands and Community Partnerships.
Contact: For questions regarding this IM, please contact Kevin Oliver, Division Chief, Recreation and Visitor Services, at (801) 539-4202.
Attachment - Memo template (2pp)
Signed By: Authenticated By:
Timothy Fisher Hilary Zarin
Assistant Director (Acting) Division of Regulatory Affairs
National Conservation Lands and
Community Partnerships
[1] This IM is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person.
[2] Recreational target shooting may occur on National Conservation Lands unless specifically restricted or prohibited through legislation, presidential proclamation, or land use plan or implementation decisions made through a public process.
[3] Section 4103’s procedural requirements do not apply to a hunting, fishing, or recreational target shooting closure that is implemented to address an “emergency” or that is less than 14 days in duration and is covered by a “special use permit.”
[4] For the purposes of section 4103, a permanent closure is any closure that lasts more than 180 days. While the Dingell act uses the term “permanent” closure, the BLM recognizes them as “long term” closures.
[5] The BLM interprets the term “lease or permit to refer to third party authorizations and therefore understands section 4104 to prohibit third parties from operating a shooting range within National Landscape Conservation System (NLCS) units. The BLM does not understand section 4104 to preclude BLM itself from developing and operating a shooting range in an NLCS unit where doing so is consistent with the designating proclamation or legislation, other applicable law, and BLM policy.