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Tuesday, November 12, 2013

H.R. 4089 Section 104(e) and Its Impacts on Wilderness Management

Kristina Alexander
Legislative Attorney

You have asked for a brief memorandum on how Section 104(e) of H.R. 4089 might affect wilderness management. The Sportsmen’s Heritage Act of 2012, H.R. 4089, is a bill that addresses hunting and fishing on all federal lands, but does not include lands held in trust for Indian tribes1 or federal property on the Outer Continental Shelf.2 Because of time constraints, this memorandum will take a narrow look at Section 104(e) by itself, and not in the context of other provisions of the bill. Because of imprecise wording in the bill, the full extent of the bill’s impact on the Wilderness Act is unclear. However, it appears that Section 104(e) would not only allow any activity related to fishing, hunting or wildlife conservation to be conducted in wilderness areas, but it may also obviate the primacy of wilderness values in determining permissible activities in wilderness areas.

Date of Report: April 13, 2012
Number of Pages: 4
Order Number: M-041312
Price: $19.95

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