[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1141 Referred in Senate (RFS)]







104th CONGRESS
  1st Session
                                H. R. 1141


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 12 (legislative day, July 10), 1995

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
 To amend the Act popularly known as the ``Sikes Act'' to enhance fish 
  and wildlife conservation and natural resources management programs.
    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 ``Sikes Act Improvement Amendments of 
1995''.
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 the Act entitled ``An Act to 
promote effectual planning, development, maintenance, and coordination 
of wildlife, fish, and game conservation and rehabilitation in military 
reservations'', approved September 15, 1960 (16 U.S.C. 670a et seq.), 
commonly referred to, and in this Act referred to, as the ``Sikes 
Act''.

SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT PLANS 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 
        resource management plan'';
            (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''; and
            (4) by inserting ``(1)'' after ``(a)'', and adding at the 
        end the following new paragraph:
            ``(2) Consistent with essential military requirements to 
        enhance the national security of the United States, the 
        Secretary of Defense shall manage each military installation to 
        provide--
                    ``(A) for the conservation of fish and wildlife on 
                the military installation and sustained multipurpose 
                uses of those resources, including hunting, fishing, 
                and trapping; and
                    ``(B) public access that is necessary or 
                appropriate for those uses.''.
    (b) Conforming Amendments.--Title I, as amended by subsection (a) 
of this section, is further amended--
            (1) in section 101(b) (16 U.S.C. 670a(b)) in the matter 
        preceding paragraph (1) by striking ``cooperative plan'' and 
        inserting ``integrated natural resource management plan'';
            (2) in section 101(b)(4) (16 U.S.C. 670a(b)(4)) by striking 
        ``cooperative plan'' each place it appears and inserting 
        ``integrated natural resource management plan'';
            (3) in section 101(c) (16 U.S.C. 670a(c)) in the matter 
        preceding paragraph (1) by striking ``a cooperative plan'' and 
        inserting ``an integrated natural resource management plan'';
            (4) in section 101(d) (16 U.S.C. 670a(d)) in the matter 
        preceding paragraph (1) by striking ``cooperative plans'' and 
        inserting ``integrated natural resource management plans'';
            (5) in section 101(e) (16 U.S.C. 670a(e)) by striking 
        ``Cooperative plans'' and inserting ``Integrated natural 
        resource management plans'';
            (6) in section 102 (16 U.S.C. 670b) by striking ``a 
        cooperative plan'' and inserting ``an integrated natural 
        resource management plan'';
            (7) in section 103 (16 U.S.C. 670c) by striking ``a 
        cooperative plan'' and inserting ``an integrated natural 
        resource management plan'';
            (8) in section 106(a) (16 U.S.C. 670f(a)) by striking 
        ``cooperative plans'' and inserting ``integrated natural 
        resource management plans''; and
            (9) in section 106(c) (16 U.S.C. 670f(c)) by striking 
        ``cooperative plans'' 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;
                    ``(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 
        therefor,'' and inserting ``collect, spend, administer, and 
        account for fees therefor,''.
    (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).''.

SEC. 4. REVIEW 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 
                resource 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 resource management plans proposed 
        pursuant to subsection (b)(1); and
            (2) changes to cooperative plans proposed pursuant to 
        subsection (b)(2).

SEC. 5. ANNUAL REVIEWS AND REPORTS.

    Section 101 (16 U.S.C. 670a) is further amended by adding after 
subsection (f) (as added by section 3(d) of this Act) the following:
    ``(g) Reviews and Reports.--
            ``(1) Secretary of defense.--The Secretary of Defense 
        shall, by not later than March 1 of each year, review the 
        extent to which integrated natural resource management plans 
        were prepared or in effect and implemented in accordance with 
        this Act in the preceding year, and submit a report on the 
        findings of that review to the committees. Each report shall 
        include--
                    ``(A) the number of integrated natural resource 
                management plans in effect in the year covered by the 
                report, including the date on which each plan was 
                issued in final form or most recently revised;
                    ``(B) the amount of moneys expended on conservation 
                activities conducted pursuant to those plans in the 
                year covered by the report, including amounts expended 
                under the Legacy Resource Management Program 
                established under section 8120 of the Act of November 
                5, 1990 (Public Law 101-511; 104 Stat. 1905); and
                    ``(C) an assessment of the extent to which the 
                plans comply with the requirements of subsection (b)(1) 
                and (2), including specifically the extent to which the 
                plans ensure in accordance with subsection (b)(2)(C) 
                that there is no net loss of lands to support the 
                military missions of military installations.
            ``(2) Secretary of the interior.--The Secretary of the 
        Interior, by not later than March 1 of each year and in 
        consultation with State agencies responsible for conservation 
        or management of fish or wildlife, shall submit a report to the 
        committees on the amount of moneys expended by the Department 
        of the Interior and those State agencies in the year covered by 
        the report on conservation activities conducted pursuant to 
        integrated natural resource management plans.
            ``(3) Committees defined.--For purposes of this subsection, 
        the term `committees' means the Committees on Resources and 
        National Security of the House of Representatives and the 
        Committees on Armed Services and Environment and Public Works 
        of the Senate.''.

SEC. 6. 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 OTHER LAWS.

    ``All Federal laws relating to the conservation of natural 
resources 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. 7. NATURAL RESOURCE MANAGEMENT SERVICES.

    Title I (16 U.S.C. 670a et seq.) is amended by inserting after 
section 106 (as added by section 6 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. 8. 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'--
                    ``(A) means any land or interest in land owned by 
                the United States and administered by the Secretary of 
                Defense or the head of a military department; and
                    ``(B) includes all public lands withdrawn from all 
                forms of appropriation under public land laws and 
                reserved for use by the Secretary of Defense or the 
                head of a military department.
            ``(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, and the territories and 
        possessions of the United States.''.

SEC. 9. 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. 10. 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. 11. REPEAL.

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

SEC. 12. CLERICAL AMENDMENTS.

    Title I, as amended by this Act, is further amended--
            (1) in the heading for the title by striking ``military 
        reservations'' and inserting ``military installations'';
            (2) in section 101(a) (16 U.S.C. 670a(a)) by striking ``the 
        reservation'' and inserting ``the installation'';
            (3) in section 101(b)(4) (16 U.S.C. 670a(b)(4))--
                    (A) in subparagraph (A) by striking ``the 
                reservation'' and inserting ``the installation''; and
                    (B) in subparagraph (B) by striking ``the military 
                reservation'' and inserting ``the military 
                installation'';
            (4) in section 101(c) (16 U.S.C. 670a(c))--
                    (A) in paragraph (1) by striking ``a military 
                reservation'' and inserting ``a military 
                installation''; and
                    (B) in paragraph (2) by striking ``the 
                reservation'' and inserting ``the installation'';
            (5) in section 102 (16 U.S.C. 670b) by striking ``military 
        reservations'' and inserting ``military installations''; and
            (6) in section 103 (16 U.S.C. 670c) by striking ``military 
        reservations'' and inserting ``military installations''.

SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Programs on Military Installations.--Subsections (b) and (c) of 
section 110 (as redesignated by section 6 of this Act) are each amended 
by striking ``1983'' and all that follows through ``1993,'' and 
inserting ``1995, 1996, 1997, and 1998,''.
    (b) Programs on Public Lands.--Section 209 (16 U.S.C. 670o) is 
amended--
            (1) in subsection (a), by striking ``the sum of 
        $10,000,000'' and all that follows through ``to enable the 
        Secretary of the Interior'' and inserting ``$4,000,000 for each 
        of fiscal years 1995, 1996, 1997, and 1998, to enable the 
        Secretary of the Interior''; and
            (2) in subsection (b), by striking ``the sum of 
        $12,000,000'' and all that follows through ``to enable the 
        Secretary of Agriculture'' and inserting ``$5,000,000 for each 
        of fiscal years 1995, 1996, 1997, and 1998, to enable the 
        Secretary of Agriculture''.

            Passed the House of Representatives July 11, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.