[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1611 Reported in Senate (RS)]






                                                       Calendar No. 385
104th CONGRESS
  2d Session
                                S. 1611

                          [Report No. 104-257]

   To establish the Kentucky National Wildlife Refuge, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 1996

 Mr. McConnell introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                             April 25, 1996

               Reported by Mr. Chafee, without amendment

_______________________________________________________________________

                                 A BILL


 
   To establish the Kentucky National Wildlife Refuge, and for other 
                               purposes.

    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 ``Kentucky National Wildlife Refuge 
Authorization Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the area known as the Clarks River Basin, consisting of 
        20,000 acres of bottomland hardwood and associated wetlands 
        along the Clarks River and the East Fork of the Clarks River in 
        Graves, Marshall, and McCracken Counties, Kentucky, is of 
        critical importance to a variety of migratory and resident 
        waterfowl, neotropical migratory birds, forest wildlife, and 
        riverine species, and a wide array of other species associated 
        with bottomland communities;
            (2) the area is the only major, natural (unchannelized) 
        bottomland hardwood wetland ecosystem remaining in western 
        Kentucky and attracts wintering migratory waterfowl, 
        neotropical migratory birds, and an array of raptors;
            (3) the area provides extraordinary recreational, research, 
        and educational opportunities for students, scientists, 
        birdwatchers, wildlife observers, hunters, anglers, hikers, and 
        nature photographers;
            (4) the area is an internationally significant 
        environmental resource that is unprotected and requires active 
        management to prevent vegetative encroachment and to otherwise 
        protect and enhance the value of the area as fish and wildlife 
        habitat;
            (5) the Clarks River Basin has been identified in the 
        preliminary project proposal plan for the establishment of the 
        Kentucky National Wildlife Refuge, prepared by the United 
        States Fish and Wildlife Service (Southeast Region), as an area 
        deserving permanent protection; and
            (6) since agriculture and silviculture are essential to the 
        economies of Graves, Marshall, and McCracken Counties and can 
        contribute to healthy ecosystems for wildlife, the refuge 
        should not restrict agricultural and silvicultural activities 
        on private lands.

SEC. 3. PURPOSE.

    The purpose of this Act is to establish the Kentucky National 
Wildlife Refuge to be managed--
            (1) to conserve fish and wildlife populations and the 
        habitats of the populations, including habitats of bald eagles, 
        golden eagles, Indiana bats, wood ducks, neotropical migratory 
        birds, shorebirds, and other migratory birds;
            (2) to preserve and showcase the concepts of biodiversity 
        and ecosystem management;
            (3) to enhance and provide a vital link to public areas 
        containing habitat managed for waterfowl and other migratory 
        birds;
            (4) to fulfill international treaty obligations of the 
        United States with regard to fish and wildlife and the habitats 
        of the fish and wildlife;
            (5) to restore and maintain the physical and biological 
        integrity of wetlands and other waters within the refuge;
            (6) to conserve species known to be threatened with 
        extinction; and
            (7) to provide opportunities for scientific research, 
        environmental education, and fish- and wildlife-associated 
        recreation (including hunting, trapping, and fishing) and 
        access to the extent compatible with the management purposes 
        specified in paragraphs (1) through (6).

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Land.--The term ``land'' includes an interest in land.
            (2) Refuge.--The term ``refuge'' means the Kentucky 
        National Wildlife Refuge established under section 5.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.
            (4) Water.--The term ``water'' includes an interest in 
        water.

SEC. 5. ESTABLISHMENT OF REFUGE.

    (a) Establishment.--In accordance with this Act, the Secretary 
shall establish a staffed and fully functional national wildlife refuge 
to be known as the ``Kentucky National Wildlife Refuge''.
    (b) Boundary Designation.--The Secretary shall--
            (1) consult with appropriate State and local officials, 
        private conservation organizations, and other interested 
        parties in designating the boundaries of the refuge, which 
        shall comprise approximately 20,000 acres;
            (2) prepare a detailed map depicting the boundaries 
        designated under paragraph (1), which shall be on file and 
        available for public inspection at offices of the United States 
        Fish and Wildlife Service; and
            (3) include in the boundaries of the refuge the lands, 
        aquatic systems, wetlands, and waters depicted on the maps 
        prepared under paragraph (2).
    (c) Boundary Revisions.--The Secretary may make such minor 
revisions in the boundaries designated under subsection (b) as are 
necessary to carry out the purpose of the refuge and to facilitate the 
acquisition of property within the refuge.
    (d) Acquisition.--To the extent authorized under the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), the Migratory 
Bird Conservation Act (16 U.S.C. 715 et seq.), the Fish and Wildlife 
Act of 1956 (16 U.S.C. 742a et seq.), the Emergency Wetlands Resources 
Act of 1986 (16 U.S.C. 3901 et seq.), and other laws, the Secretary may 
acquire for inclusion in the refuge, by purchase from willing sellers, 
donation, or exchange, lands and waters (including permanent 
conservation easements) within the boundaries designated under 
subsection (b). All lands and waters so acquired shall become part of 
the refuge.
    (e) Operation and Maintenance.--The Secretary shall construct such 
office, maintenance, and support facilities as are necessary for the 
operation and maintenance of the refuge.

SEC. 6. ADMINISTRATION.

    (a) General Administrative Authority.--The Secretary shall 
administer all lands and waters acquired under section 5 in accordance 
with the National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd et seq.).
    (b) Other Administrative Authority.--Consistent with subsection (a) 
and to carry out the purpose of the refuge, the Secretary may use such 
additional authority as is available to the Secretary for the 
conservation and development of fish, wildlife, and natural 
resources, the development of outdoor recreational opportunities 
(including hunting, trapping, and fishing), and interpretative 
education.
    (c) Management Plan.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Secretary shall prepare a 
        comprehensive management plan for the development and operation 
        of the refuge that shall include--
                    (A) refuge management priorities and strategies;
                    (B) the planning and design of observation points, 
                trails, and access points, including parking and other 
                necessary facilities; and
                    (C) such provisions as are necessary to ensure 
                that--
                            (i) no activity carried out in the refuge 
                        will result in the obstruction of the flow of 
                        water so as to affect any private land adjacent 
                        to the refuge; and
                            (ii) no buffer zone regulating any land use 
                        (other than hunting and fishing) is 
                        established.
            (2) Public participation.--
                    (A) In general.--The Secretary shall provide 
                opportunity for public participation in developing the 
                management plan.
                    (B) Local entities.--The Secretary shall give 
                special consideration to means by which the 
                participation and contributions of local public and 
                private entities in developing and implementing the 
                management plan can be encouraged.
    (d) Outreach and Education.--The Secretary shall work with, provide 
technical assistance to, provide community outreach and education 
programs for or with, or enter into cooperative agreements with private 
landowners, State and local governments or agencies, and conservation 
organizations to further the purpose for which the refuge is 
established.

SEC. 7. GIFTS.

    As soon as practicable after the date of enactment of this Act, the 
Director of the United States Fish and Wildlife Service shall request 
that the National Fish and Wildlife Foundation established under the 
National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 
et seq.) take such measures as the Foundation considers appropriate to 
encourage, accept, and administer private gifts of property or funds to 
further the purpose of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.




                                                       Calendar No. 385

104th CONGRESS

  2d Session

                                S. 1611

                          [Report No. 104-257]

_______________________________________________________________________

                                 A BILL

   To establish the Kentucky National Wildlife Refuge, and for other 
                               purposes.

_______________________________________________________________________

                             April 25, 1996

                       Reported without amendment