[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,''.
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HR 3300 IH----2