[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 428 Introduced in Senate (IS)]

  1st Session
                                 S. 428

   To improve the management of land and water for fish and wildlife 
                   purposes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 16 (legislative day, January 30), 1995

Mr. Roth (for himself, Mr. Baucus, Mr. Biden, Mrs. Boxer, Mr. Feingold, 
  Mr. Dodd, Mr. Harkin, Mr. Jeffords, Mr. Kerry, Mr. Lautenberg, Mr. 
    Leahy, Mr. Lieberman, Mrs. Murray, Mr. Pell, and Mr. Wellstone) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To improve the management of land and water for fish and wildlife 
                   purposes, 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 ``Fish and Wildlife Management Act of 
1995''.

SEC. 2. FISH AND WILDLIFE COORDINATION.

    (a) In General.--The Fish and Wildlife Coordination Act (16 U.S.C. 
661 et seq.) is amended to read as follows:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Fish and Wildlife Coordination 
Act'.

``SEC. 2. DEFINITIONS.

    ``In this Act (unless the context otherwise requires):
            ``(1) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
            ``(2) Wildlife and wildlife resources.--The terms 
        `wildlife' and `wildlife resources' include birds, fish, 
        mammals, and all other classes of wild animals and all types of 
        aquatic and land vegetation on which wildlife is dependent.

``SEC. 3. ASSISTANCE TO AND COOPERATION WITH FEDERAL AND STATE 
              AGENCIES.

    ``(a) Purposes.--The purposes of this section are to--
            ``(1) recognize the vital contribution of wildlife 
        resources to the United States and the increasing public 
        interest and significance of the resources because of expansion 
        of the national economy and other factors; and
            ``(2) provide that wildlife conservation shall receive 
        equal consideration and be coordinated with other features of 
        water resources development programs through the effectual and 
        harmonious planning, development, maintenance, and coordination 
        of wildlife conservation and rehabilitation for the purposes of 
        this Act in the United States and the territories and 
        possessions of the United States.
    ``(b) Assistance and Cooperation.--The Secretary may--
            ``(1) provide assistance to, and cooperate with, Federal, 
        State, and public or private agencies and organizations in--
                    ``(A) the development, protection, rearing, and 
                stocking of all species of wildlife, wildlife 
                resources, and the habitat of wildlife;
                    ``(B) controlling losses of wildlife, wildlife 
                resources, and the habitat of wildlife from disease or 
                other causes;
                    ``(C) minimizing damage from overabundant species;
                    ``(D) providing public shooting and fishing areas, 
                including easements across public land for access to 
                the land; and
                    ``(E) carrying out other measures necessary to 
                carry out this Act;
            ``(2) make surveys and investigations of the wildlife of 
        the public domain, including land and water or interests in 
        land or water acquired or controlled by any agency of the 
        United States; and
            ``(3) accept donations of land and contributions of funds 
        in furtherance of this Act.

``SEC. 4. CONSULTATIONS AND REPORTS PRIOR TO IMPOUNDMENT, DIVERSION, OR 
              CONTROL OF WATER.

    ``(a) Consultations Between Agencies.--Except as provided in 
subsection (h), whenever it is proposed or authorized that the water of 
any stream or other body of water shall be impounded or diverted, the 
channel of the water shall be deepened, or the stream or other body of 
water shall be otherwise controlled or modified for any purpose, 
including navigation and drainage, by an agency of the United States, 
or by a public or private agency under Federal permit or license, the 
agency first shall consult with the Director of the United States Fish 
and Wildlife Service of the Department of the Interior, and with the 
head of the agency having jurisdiction over the wildlife resources of 
the particular State in which the impoundment, diversion, or other 
control facility is to be constructed. The consultation shall be made 
for the purpose of the conservation of wildlife resources by preventing 
loss of and damage to the resources and providing for the development 
and improvement of the resources in connection with the water resources 
development.
    ``(b) Reports and Recommendations.--
            ``(1) In general.--In furtherance of the purposes described 
        in subsection (a), the reports and recommendations of the 
        Secretary on the wildlife aspects of a project described in the 
        subsection, and any report of the head of the State agency 
        having jurisdiction over the wildlife resources of the State, 
        based on surveys and investigations conducted by the United 
        States Fish and Wildlife Service and the State agency for the 
        purpose of determining the possible damage to wildlife 
        resources and for the purpose of determining means and measures 
        that should be adopted to prevent the loss of or damage to the 
        wildlife resources and to provide concurrently for the 
        development and improvement of the resources, shall be made an 
        integral part of any report prepared or submitted by an agency 
        of the Federal Government responsible for engineering surveys 
        and construction of the project when the report is presented to 
        Congress or to any agency or person having the authority or the 
        power, by administrative action or otherwise--
                    ``(A) to authorize the construction of 1 or more 
                water resources development projects; or
                    ``(B) to approve a report on the modification or 
                supplementation of a plan for a project authorized 
before August 12, 1958, to which this Act applies.
            ``(2) Recommendations.--Recommendations of the Secretary 
        under paragraph (1) shall--
                    ``(A) be as specific as practicable with respect to 
                features recommended for wildlife conservation and 
                development, land to be utilized or acquired for the 
                wildlife conservation and development, and the results 
                expected; and
                    ``(B) describe the damage to wildlife attributable 
                to the project and the measures proposed for mitigating 
                or compensating for the damage.
            ``(3) Consideration of reports and recommendations.--A 
        reporting officer in a project report of a Federal agency shall 
        give full consideration to the report and recommendations of 
        the Secretary and to any report of the State agency on the 
        wildlife aspects of the project. The plan for the project shall 
        include such justifiable means and measures for wildlife 
        purposes as the reporting agency determines should be adopted 
        to obtain maximum overall project benefits.
    ``(c) Modification of Projects.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        Federal agency that is authorized to construct or operate a 
        water control project may modify or add to the structure or 
        operation of the project, the construction of which has not 
        been substantially completed as of August 12, 1958, and acquire 
        land in accordance with section 5, in order to accommodate the 
        means and measures for the conservation of wildlife resources 
        as an integral part of the project.
            ``(2) Older projects.--In the case of a project authorized 
        by a specific Act of Congress before August 12, 1958--
                    ``(A) the modification or land acquisition shall be 
                compatible with the purposes for which the project was 
                authorized;
                    ``(B) the cost of the modification or land 
                acquisition, as a means or measure to prevent loss of 
                and damage to wildlife resources to the extent 
                justifiable, shall be an integral part of the cost of 
                the project; and
                    ``(C)(i) the cost of the modification or land 
                acquisition for the development or improvement of 
                wildlife resources may be included to the extent 
                justifiable; and
                    ``(ii) an appropriate share of the cost of the 
                project may be allocated for the purpose described in 
                clause (i) with a finding as to the part of the 
                allocated cost, if any, to be reimbursed by non-Federal 
                interests.
    ``(d) Project Costs.--The cost of planning for, and the 
construction or installation and maintenance of, the means and measures 
adopted to carry out the conservation purposes of this section shall 
constitute an integral part of the cost of each project, except that 
the cost attributable to the development and improvement of wildlife 
shall not extend beyond the cost necessary for--
            ``(1) land acquisition;
            ``(2) a facility specifically recommended in a water 
        resources development project report;
            ``(3) modification of the project; and
            ``(4) modification of project operations, which shall not 
        include the operation of wildlife facilities.
    ``(e) Transfer of Funds.--In the case of construction by a Federal 
agency, the agency may transfer to the United States Fish and Wildlife 
Service, out of appropriations or other funds made available for 
investigations, engineering, or construction, such funds as may be 
necessary to conduct all or part of the investigations required to 
carry out this section.
    ``(f) Estimation of Wildlife Benefits or Losses.--In addition to 
other requirements, there shall be included in any report submitted to 
Congress supporting a recommendation for authorization of a new project 
for the control or use of water as described in this section (including 
any new division of the project or new supplemental work on the 
project) an estimation of the wildlife benefits or losses to be derived 
from the project, including--
            ``(1) the benefit to be derived from measures recommended 
        specifically for the development and improvement of wildlife 
        resources;
            ``(2) the cost of providing wildlife benefits (including 
        the cost of additional facilities to be installed or land to be 
        acquired specifically for that particular phase of wildlife 
        conservation relating to the development and improvement of 
        wildlife);
            ``(3) the part of the cost of any joint-use facility 
        allocated to wildlife; and
            ``(4) the part of the costs, if any, to be reimbursed by 
        non-Federal interests.
    ``(g) Applicability to Projects.--This section shall be applicable 
with respect to any project for the control or use of water as 
described in this section, or any unit of such a project authorized 
before or after August 12, 1958, for planning or construction, but 
shall not be applicable with respect to any project or unit of a 
project authorized before August 12, 1958, if the construction of the 
particular project or unit of the project has been substantially 
completed as of that date. For the purpose of this subsection, a 
project or unit of a project shall be considered to be substantially 
completed when 60 percent or more of the estimated construction cost 
has been obligated for expenditure.
    ``(h) Exempt Projects and Activities.--This Act shall not be 
applicable to--
            ``(1) a project for the impoundment of water if the maximum 
        surface area of the impoundment is less than 10 acres; or
            ``(2) an activity for, or in connection with, a program 
        primarily for land management and use carried out by a Federal 
        agency with respect to Federal land under the jurisdiction of 
        the agency.

``SEC. 5. PROVISION FOR WILDLIFE AFTER IMPOUNDMENT, DIVERSION, OR 
              CONTROL OF WATER.

    ``(a) Conservation, Maintenance, and Management of Wildlife 
Resources.--Except as provided in section 4(h), whenever the water of 
any stream or other body of water is impounded or diverted, the channel 
of the water is deepened, or the stream or other body of water is 
otherwise controlled or modified for any purpose, including navigation 
and drainage, by an agency of the United States, adequate provision, 
consistent with the primary purposes of the impoundment, diversion, or 
other control, shall be made for the use of the water (together with 
any area of land, water, or interest in land or water acquired or 
administered by a Federal agency in connection with the activity) for 
the conservation, maintenance, and management of wildlife resources of 
the land and water, and wildlife habitat on the land and water, 
including the development and improvement of the wildlife resources 
pursuant to section 4.
    ``(b) Use and Availability of Water, Land, and Interests.--
            ``(1) In general.--The use of the water, land, or interest 
        in water or land for wildlife conservation purposes under 
        subsection (a) shall be in accordance with a general plan 
        approved jointly by--
                    ``(A) the head of the particular agency having 
                primary jurisdiction;
                    ``(B) the Secretary; and
                    ``(C) the head of the agency having jurisdiction 
                over the wildlife resources of the particular State in 
                which the water and area described in subsection (a) 
                lies.
            ``(2) National migratory bird program.--The water, land, or 
        interest described in paragraph (1) shall be made available, 
        without cost, for administration by--
                    ``(A) the State agency, if the management of the 
                water, land, or interest relates to the conservation of 
                wildlife other than migratory birds; or
                    ``(B) the Secretary, for administration in such 
                manner as the Secretary considers advisable, if the 
                particular water, land, or interest has value in 
                carrying out the national migratory bird management 
                program of the Department of the Interior.
            ``(3) Land under jurisdiction of secretary of 
        agriculture.--Nothing in this section shall affect the 
        authority of the Secretary of Agriculture to cooperate with 
        States or to make land available to States with respect to the 
        management of wildlife and wildlife habitat on land under the 
        jurisdiction of the Secretary of Agriculture.
    ``(c) Acquisition of Land, Water, and Interests.--
            ``(1) In general.--Subject to paragraph (2), if consistent 
        with this Act and the reports and findings of the Secretary 
        prepared in accordance with section 4, land, water, and 
        interests in land or water may be acquired by Federal 
        construction agencies for the wildlife conservation and 
        development purposes of this Act in connection with a project 
        to the extent reasonably needed to preserve and ensure for the 
        public benefit the wildlife potentials of the particular 
        project area.
            ``(2) Report to congress.--Before land, water, or an 
        interest in land or water is acquired for the purpose described 
        in paragraph (1), the probable extent of the acquisition shall 
        be set forth, along with other data necessary for project 
        authorization, in a report submitted to Congress. In the case 
        of a project authorized prior to August 12, 1958, no property 
        described in the preceding sentence shall be acquired unless 
        specifically authorized by Congress, if specific authority for 
        the acquisition is recommended by the construction agency.
    ``(d) Use of Acquired Land, Water, and Interests.--Land, water, or 
an interest in land or water acquired for the purposes of this section 
shall continue to be used for the purposes, and shall not become the 
subject of an exchange or other transaction if the exchange or other 
transaction would defeat such an initial purpose of the acquisition of 
the land, water, or interest.
    ``(e) Availability of Land for Water Resources Development 
Purposes.--Notwithstanding any other law, Federal land acquired or 
withdrawn for Federal water resources development purposes and made 
available to States or to the Secretary for wildlife management 
purposes shall be made available for the purposes in accordance with 
this Act.
    ``(f) National Forest Land.--Except in the case of land acquired to 
carry out the national migratory bird management program of the 
Department of the Interior, any land acquired pursuant to this section 
by a Federal agency within the exterior boundaries of a national forest 
shall, on acquisition, be added to and become national forest land, and 
shall be administered as a part of the forest within which the land is 
situated, subject to all laws applicable to land acquired under the Act 
of March 1, 1911 (36 Stat. 961, chapter 186).

``SEC. 6. ADMINISTRATIVE PROVISIONS.

    ``(a) In General.--Subject to subsections (b) through (d), such 
land, water, or interest in land or water, as is made available to the 
Secretary to carry out this Act, pursuant to sections 3 and 5 or 
pursuant to any other authorization, shall be administered directly by 
the Secretary or in accordance with cooperative agreements entered into 
pursuant to section 3 and in accordance with such rules and regulations 
for the conservation, maintenance, and management of wildlife, wildlife 
resources, and wildlife habitat as may be issued by the Secretary in 
accordance with general plans approved jointly by the Secretary and the 
head of the agency having primary jurisdiction over the land, water, or 
interest in land or water.
    ``(b) Consistency with State Laws.--The rules and regulations 
issued under subsection (a) shall be consistent with the laws for the 
protection of fish and game of the States in which the land, water, or 
interest in land or water is situated.
    ``(c) National Migratory Bird Management Program.--
            ``(1) Availability of land.--Subject to paragraph (2), land 
        that has value to the national migratory bird management 
        program of the Department of the Interior may, pursuant to 
        general plans, be made available without cost directly to the 
        State agency having control over wildlife resources, if the 
        Secretary and the State agency jointly determine that the 
        availability without cost to the State agency would be in the 
        public interest.
            ``(2) Reversion to secretary.--The Secretary shall have the 
        right to assume the management and administration of the land 
        for the national migratory bird management program if the 
Secretary determines that the State agency has withdrawn from or 
otherwise relinquished the management and administration.

``SEC. 7. INVESTIGATIONS AS TO EFFECT OF SEWAGE AND INDUSTRIAL WASTES.

    ``(a) In General.--The Secretary, acting through the Director of 
the United States Fish and Wildlife Service and the Director of the 
United States Bureau of Mines, may--
            ``(1) make such investigations as the Secretary considers 
        necessary to determine the effect of domestic sewage, mine, 
        petroleum, and industrial wastes, erosion, silt, and other 
        polluting substances on wildlife; and
            ``(2) report to Congress concerning the investigations, 
        including making recommendations for alleviating dangerous and 
        undesirable effects of the polluting substances.
    ``(b) Contents of Investigations.--The investigations shall 
include--
            ``(1) the determination of standards of water quality for 
        the maintenance of wildlife;
            ``(2) the study of methods of abating and preventing 
        pollution, including methods for the recovery of useful or 
        marketable products and byproducts of wastes; and
            ``(3) the collation and distribution of data on the 
        progress and results of the investigations for the use of 
        Federal, State, municipal, and private agencies, individuals, 
        organizations, or enterprises.

``SEC. 8. MAINTENANCE OF ADEQUATE WATER LEVELS IN UPPER MISSISSIPPI 
              RIVER.

    ``In managing facilities (including locks, dams, and pools) in the 
Mississippi River between Rock Island, Illinois, and Minneapolis, 
Minnesota, administered by the Army Corps of Engineers of the 
Department of the Army, the Department shall--
            ``(1) give full consideration and recognition to the needs 
        of fish and other wildlife resources and the habitat of the 
        fish and wildlife resources dependent on the river, without 
        increasing additional liability to the Federal Government; and
            ``(2) to the maximum extent possible without causing damage 
        to levee and drainage districts, adjacent railroads and 
        highways, farm land, and dam structures, generally operate and 
        maintain pool levels as though navigation was carried on 
        throughout the year.

``SEC. 9. PENALTIES.

    ``A person who violates this Act (including a rule or regulation 
issued under this Act) shall be guilty of a misdemeanor and on 
conviction of the misdemeanor shall be fined not more than $500 or 
imprisoned for not more than 1 year, or both.

``SEC. 10. APPLICABILITY.

    ``This Act shall not apply to the Tennessee Valley Authority.

``SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as are 
necessary to carry out this Act and regulations issued under this Act, 
including the construction of such facilities, buildings, and other 
improvements as are necessary for economical administration of land, 
water, and interests in land or water made available to the Secretary 
under this Act, and the employment in the city of Washington, District 
of Columbia, and elsewhere of such persons and means as the Secretary 
may consider necessary for the administration.''.
    (b) Conforming Amendment.--The first section of Public Law 85-624 
(16 U.S.C. 661 note) is amended to read as follows: ``That this Act may 
be cited as the `Fish and Wildlife Coordination Amendments Act of 
1958'.''.

SEC. 3. GAME MANAGEMENT SUPPLY DEPOTS.

    The second sentence of the Joint Resolution entitled ``A Joint 
Resolution providing for the establishment of a game management supply 
depot and laboratory, and for other purposes'', approved June 24, 1936 
(16 U.S.C. 667), is amended to read as follows:

``SEC. 2. APPROPRIATIONS FOR GAME MANAGEMENT SUPPLY DEPOTS.

    ``(a) In General.--Appropriations made for the administration, 
protection, maintenance, control, improvement, and development of 
wildlife sanctuaries, reservations, and refuges under the control of 
the Secretary of the Interior shall be available for the purchase, 
transportation, and handling of supplies and materials for distribution 
at cost from game management supply depots maintained by the Department 
of the Interior to specified projects.
    ``(b) Charging of Costs.--
            ``(1) In general.--Transfers between the appropriations for 
        the purposes described in subsection (a) are authorized in 
        order that the cost of supplies and materials, and 
        transportation and handling of supplies and materials, drawn 
        from central warehouses so maintained may be charged to the 
        particular project benefited.
            ``(2) Supplies and materials that remain available.--Such 
        supplies and materials referred to in paragraph (1) as remain 
        in game management supply depots at the end of any fiscal year 
        shall be continuously available for issuance during subsequent 
        fiscal years and shall charged for by such transfers of funds 
        between the appropriations for the then current fiscal year 
        without decreasing in any way the appropriations made for that 
        fiscal year.
    ``(c) Limitation.--Supplies and materials shall not be purchased 
under this section solely for the purpose of increasing the value of 
storehouse stock beyond the reasonable requirements for a fiscal 
year.''.

SEC. 4. MANAGEMENT OF WILDLIFE REFUGE LAND.

    Section 4 of the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd) is amended by adding at the end the 
following:
    ``(j) Management of Certain Land.--Notwithstanding any other 
provision of this Act, a portion of the Arctic National Wildlife Refuge 
in Alaska comprising approximately 1,559,538 acres, as generally 
depicted on a map entitled `Arctic National Wildlife Refuge--1002 Area. 
Alternative E--Wilderness Designation, October 28, 1991', and available 
for inspection in the offices of the Secretary of the Interior, is 
designated as a component of the National Wilderness Preservation 
System.''.
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