[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3300 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3300

 To amend the Act popularly known as the ``Sikes Act'' to enhance fish 
and wildlife conservation and natural resources management programs on 
                        military installations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 1993

    Mr. Studds (for himself and Mr. Young of Alaska) introduced the 
following bill; which was referred to the Committee on Merchant Marine 
                             and Fisheries

_______________________________________________________________________

                                 A BILL


 
 To amend the Act popularly known as the ``Sikes Act'' to enhance fish 
and wildlife conservation and natural resources management programs on 
                        military installations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Natural Resource Management on 
Military Lands Act of 1993''.

SEC. 2. AMENDMENT OF SIKES ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title I of the Act of 
September 15, 1960 (16 U.S.C. 670a et seq.), commonly referred to, and 
hereinafter in this Act referred to, as the ``Sikes Act''.

SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT PLANS FOR MILITARY 
              INSTALLATIONS, GENERALLY.

    (a) In General.--Section 101(a) (16 U.S.C. 670a(a)) is amended--
            (1) by striking ``is authorized to'' and inserting 
        ``shall'';
            (2) by striking ``in each military reservation in 
        accordance with a cooperative plan'' and inserting the 
        following: ``on military installations. Under the program, the 
        Secretary shall prepare and implement for each military 
        installation in the United States an integrated natural 
        resources management plan''; and
            (3) by inserting after ``reservation is located'' the 
        following: ``, except that the Secretary is not required to 
        prepare such a plan for a military installation if the 
        Secretary determines that preparation of such a plan for the 
        installation is not appropriate''.
    (b) Conforming Amendments.--Title I (16 U.S.C. 670a et seq.) is 
amended--
            (1) by striking ``cooperative plan'' each place it appears 
        and inserting ``integrated natural resource management plan'';
            (2) by striking ``cooperative plans'' each place it appears 
        and inserting ``integrated natural resource management plans''; 
        and
            (3) by striking ``Cooperative plans'' each place it appears 
        and inserting ``Integrated natural resource management plans''.
    (c) Contents of Plans.--Section 101(b) (16 U.S.C. 670a(b)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C) by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (D) by striking the semicolon 
                at the end and inserting a comma; and
                    (C) by adding at the end the following:
                    ``(E) wetland protection and restoration, and 
                wetland creation where necessary, for support of fish 
                or wildlife,
                    ``(F) consideration of conservation needs for all 
                biological communities, and
                    ``(G) the establishment of specific natural 
                resource management goals, objectives, and time-frames 
                for proposed actions;'';
            (2) by striking paragraph (3);
            (3) by redesignating paragraph (2) as paragraph (3);
            (4) by inserting after paragraph (1) the following:
            ``(2) shall for the military installation for which it is 
        prepared--
                    ``(A) address the needs for fish and wildlife 
                management, land management, forest management, and 
                wildlife-oriented recreation;
                    ``(B) ensure the integration of, and consistency 
                among, the various activities conducted under the plan;
                    ``(C) ensure that there is no net loss in the 
                capability of installation lands to support the 
                military mission of the installation, unless such loss 
                is required to comply with environmental laws or to 
                improve the management of natural and cultural 
                resources;
                    ``(D) provide for sustained use by the public of 
                natural resources, to the extent that such use is not 
                inconsistent with the military mission of the 
                installation or the needs of fish and wildlife 
                management;
                    ``(E) provide the public access to the installation 
                that is necessary or appropriate for that use, to the 
                extent that access is not inconsistent with the 
                military mission of the installation; and
                    ``(F) provide for professional enforcement of 
                natural resource laws and regulations;''; and
            (5) in paragraph (4)(A) by striking ``collect the fees 
        therfor,'' and inserting ``collect, spend, administer, and 
        account for fees therfor.''.
    (d) Public Comment.--Section 101 (16 U.S.C. 670a) is amended by 
adding at the end the following:
    ``(f) Public Comment.--The Secretary of Defense shall provide an 
opportunity for public comment on each integrated natural resource 
management plan prepared under subsection (a).''.
    (e) Reviews and Reports.--Section 101 (16 U.S.C. 670a) is further 
amended by adding after subsection (f) (as added by subsection (d) of 
this section) the following:
    ``(g) Reviews and Reports.--The Secretary of Defense shall 
annually--
            ``(1) review the implementation status of each integrated 
        natural resource management plan in effect under this section; 
        and
            ``(2) submit a report to the Congress on--
                    ``(A) whether integrated natural resource 
                management plans are being prepared in accordance with 
                this Act;
                    ``(B) the degree to which integrated natural 
                resource management plans are being implemented in 
                accordance with this Act; and
                    ``(C) the status of integrated natural resource 
                management plans in meeting the goals and objectives 
                the plans provide for under subsection (b)(1)(G).''.

SEC. 4. REVIEW OF MILITARY INSTALLATIONS FOR PREPARATION OF INTEGRATED 
              NATURAL RESOURCE MANAGEMENT PLANS.

    (a) Review of Military Installations.--
            (1) Review.--The Secretary of each military department 
        shall, by not later than 9 months after the date of the 
        enactment of this Act--
                    (A) review each military installation in the United 
                States that is under the jurisdiction of that Secretary 
                to determine the military installations for which the 
                preparation of an integrated natural resource 
                management plan under section 101 of the Sikes Act, as 
                amended by this Act, is appropriate; and
                    (B) submit to the Secretary of Defense a report on 
                those determinations.
            (2) Report to congress.--The Secretary of Defense shall, by 
        not later than 12 months after the date of the enactment of 
        this Act, submit to the Congress a report on the reviews 
        conducted under paragraph (1). The report shall include--
                    (A) a list of those military installations reviewed 
                under paragraph (1) for which the Secretary of Defense 
                determines the preparation of an integrated natural 
                resources management plan is not appropriate; and
                    (B) for each of the military installations listed 
                under subparagraph (A), an explanation of the reasons 
                such a plan is not appropriate.
    (b) Deadline for Integrated Natural Resource Management Plans.--Not 
later than 2 years after the date of the submission of the report 
required under subsection (a)(2), the Secretary of Defense shall, for 
each military installation for which the Secretary has not determined 
under subsection (a)(2)(A) that preparation of an integrated natural 
resource management plan is not appropriate--
            (1) prepare and begin implementing such a plan mutually 
        agreed to by the Secretary of the Interior and the head of the 
        appropriate State agencies under section 101(a) of the Sikes 
        Act, as amended by this Act; or
            (2) in the case of a military installation for which there 
        is in effect a cooperative plan under section 101(a) of the 
        Sikes Act on the day before the date of the enactment of this 
        Act, complete negotiations with the Secretary of the Interior 
        and the heads of the appropriate State agencies regarding 
        changes to that plan that are necessary for the plan to 
        constitute an integrated natural resource plan that complies 
        with that section, as amended by this Act.
    (c) Public Comment.--The Secretary of Defense shall provide an 
opportunity for the submission of public comments on--
            (1) integrated natural resources plans proposed pursuant to 
        subsection (b)(1); and
            (2) changes to cooperative plans proposed pursuant to 
        subsection (b)(2).

SEC. 5. FEDERAL ENFORCEMENT OF INTEGRATED NATURAL RESOURCE MANAGEMENT 
              PLANS; ENFORCEMENT OF OTHER LAWS.

    Title I (16 U.S.C. 670a et seq.) is amended--
            (1) by redesignating section 106 as section 110; and
            (2) by inserting after section 105 the following:

``SEC. 106. FEDERAL ENFORCEMENT OF INTEGRATED NATURAL RESOURCE 
              MANAGEMENT PLANS; ENFORCEMENT OF OTHER LAWS.

    ``(a) Notice of Violation System.--
            ``(1) In general.--The Secretary of the Interior, in 
        cooperation with relevant State fish and wildlife agencies if 
        appropriate, shall monitor the implementation of integrated 
        natural resource management plans by the Department of Defense 
        under this Act.
            ``(2) Investigation of alleged violations.--
                    ``(A) In general.--Upon receipt of information from 
                any person alleging a violation of this Act, the 
                Secretary of the Interior shall conduct an 
                investigation and make a finding regarding the accuracy 
                of the allegation if the Secretary of the Interior has 
                reason to believe that--
                            ``(i) a military installation is in 
                        violation of any requirement under this Act; or
                            ``(ii) any officer or employee of the 
                        United States (including any commanding officer 
                        of a military installation) who is charged with 
                        the responsibility for preparing or 
                        implementing an integrated natural resource 
                        management plan has failed to carry out that 
                        responsibility.
                    ``(B) On-site investigation.--The investigation may 
                include an on-site inspection of the military 
                installation that is the subject of the investigation.
                    ``(C) Cooperation with state authorities.--The 
                Secretary of the Interior shall conduct the 
                investigation in cooperation with the relevant State 
                fish and wildlife agencies, if appropriate.
                    ``(D) Completion.--The Secretary of the Interior 
                shall complete the investigation within 30 days after 
                receiving information that is the basis for conducting 
                the investigation.
            ``(3) Report and notice of violation.--
                    ``(A) Report.--Within 45 days after completing an 
                investigation under paragraph (2), the Secretary of the 
                Interior shall transmit a report on the findings of the 
                investigation to the Secretary of Defense and to 
                relevant State fish and wildlife agencies. The report 
                shall describe--
                            ``(i) the nature of any violation by a 
                        military installation that the Secretary of the 
                        Interior finds has occurred, specifying the 
                        particular actions in violation; and
                            ``(ii) the nature of any failure by an 
                        officer or employee of the United States to 
                        carry out a responsibility that the Secretary 
                        of the Interior finds has occurred, specifying 
                        the particular actions taken or failed to be 
                        taken that constitute the failure.
                    ``(B) Notice of violation.--The Secretary of the 
                Interior shall on the date of transmittal of the report 
                issue a Notice of Violation to the Secretary of the 
                military department having jurisdiction over the 
                military installation that is the subject of the 
                investigation to which the report relates, if the 
                Secretary of the Interior determines that--
                            ``(i) the military installation is in 
                        violation of a requirement under this Act; or
                            ``(ii) an officer or employee of the United 
                        States has failed to carry out a responsibility 
                        for preparing, implementing, or providing 
                        financial or personnel resources for an 
                        integrated natural resource management plan 
                        under section 101 for the military 
                        installation.
            ``(4) Agreement.--Within 30 days after the issuance of a 
        Notice of Violation under paragraph (3) regarding any violation 
        or failure to carry out a responsibility, the Secretary of 
        Defense, the Secretary of the Interior, and a representative of 
        each relevant State fish and wildlife agency shall enter into 
        an agreement specifying appropriate measures to remedy the 
        violation or failure. The agreement shall include--
                    ``(A) a detailed description of all violations and 
                failures found by the Secretary of the Interior, 
                including citation of the specific provisions of 
                statute or regulations violated or which establish the 
                responsibilities, respectively;
                    ``(B) a detailed schedule for correcting the 
                violations or failures, including actions to be 
                undertaken and deadlines for those actions, which 
                ensures that remedial action shall commence within 30 
                days after the agreement is entered into; and
                    ``(C) specification of a date by which, or a 
                schedule within which, the Secretary of the appropriate 
                military department shall provide a written response to 
                the Secretary of the Interior regarding plans of the 
                military department for addressing the violations or 
                failures.
            ``(5) Annual reports.--The Secretary of Defense shall 
        include with each annual report submitted under section 
        101(g)(2)--
                    ``(A) a summary of each Notice of Violation 
                received by a Secretary of a military department in the 
                year covered by the report; and
                    ``(B) a description of the extent of compliance of 
                remedial actions taken under agreements under paragraph 
                (4) with the schedules under those agreements for those 
                actions.
            ``(6) Funding of remedial actions.--The Secretary of 
        Defense shall consider all remedial actions specified in 
        agreements under paragraph (4) to be Class I projects under 
        Office of Management and Budget Circular A-106.
    ``(b) Enforcement of Other Laws.--All Federal laws relating to the 
conservation of fish and wildlife on Federal lands may be enforced by 
the Secretary of Defense with respect to violations of those laws which 
occur on military installations within the United States.''.

SEC. 6. NATURAL RESOURCE MANAGEMENT SERVICES.

    Title I (16 U.S.C. 670a et seq.) is amended by inserting after 
section 106 (as added by section 5 of this Act) the following:

``SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.

    ``The Secretary of each military department shall ensure that 
sufficient numbers of professionally trained natural resource 
management personnel and natural resource law enforcement personnel are 
available and assigned responsibility to perform tasks necessary to 
comply with this Act, including the preparation and implementation of 
integrated natural resource management plans.''.

SEC. 7. DEFINITIONS.

    Title I (16 U.S.C. 670a et seq.) is further amended by inserting 
after section 107 (as added by section 7 of this Act) the following:

``SEC. 108. DEFINITIONS.

    ``In this title:
            ``(1) Military department.--The term `military department' 
        means the Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            ``(2) Military installation.--The term `military 
        installation' includes--
                    ``(A) lands used for military purposes by any 
                military department;
                    ``(B) lands used for military purposes by any 
                National Guard or Reserve component of the Department 
                of Defense; and
                    ``(C) all public lands withdrawn from all forms of 
                appropriation under the public land laws and reserved 
                for use by the Secretary of Defense or the head of a 
                military department, including lands withdrawn and 
                reserved under the Military Lands Withdrawal Act of 
                1986.
            ``(3) State fish and wildlife agency.--The term `State fish 
        and wildlife agency' means an agency of State government that 
        is responsible under State law for managing fish or wildlife 
        resources.
            ``(4) United states.--The term `United States' means the 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and the territories and possessions of the United 
        States.''.

SEC. 8. SHORT TITLE.

    Title I (16 U.S.C. 670a et seq.) is further amended by inserting 
after section 108 (as added by section 7 of this Act) the following:

``SEC. 109. SHORT TITLE.

    ``This title may be cited as the `Sikes Act'.''.

SEC. 9. COOPERATIVE AGREEMENTS.

    (a) Cost Sharing.--Section 103a(b) (16 U.S.C. 670c-1(b)) is amended 
by striking ``matching basis'' each place it appears and inserting 
``cost-sharing basis''.-
    (b) Accounting.--Section 103a(c) (16 U.S.C. 670c-1(c)) is amended 
by inserting before the period at the end the following: ``, and shall 
not be subject to section 1535 of that title''.

SEC. 10. REPEAL.

    Section 2 of the Act of October 27, 1986 (Public Law 99-651; 16 
U.S.C. 670a-1) is repealed.

SEC. 11. CLERICAL AMENDMENTS.

    Title I (16 U.S.C. 670a et seq.), as amended by this Act, is 
further amended--
            (1) by striking ``military reservation'' each place it 
        appears and inserting ``military installation'';
            (2) by striking ``military reservations'' each place it 
        appears and inserting ``military installations'';
            (3) by striking ``Military reservation'' each place it 
        appears and inserting ``Military installation'';
            (4) by striking ``reservation'' each place it appears in 
        reference to a military reservation (other than in the term 
        ``military reservation'') and inserting ``installation''; and
            (5) by striking ``reservations'' each place it appears in 
        reference to military reservations (other than in the term 
        ``military reservations'') and inserting ``installations''.

SEC. 12. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Programs on Military Installations.--Subsections (b) and (c) of 
section 110 (as redesignated by section 5 of this Act) are each amended 
by striking ``1983'' and all that follows through ``1993,'' and 
inserting ``1994, 1995, 1996, 1997, and 1998,''.
    (b) Programs on Public Lands.--Subsections (a) and (b) of that 
section are each amended by striking ``1983'' and all that follows 
through ``1993,'' and inserting ``1994, 1995, 1996, 1997, and 1998,''.

                                 <all>

HR 3300 IH----2