[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1420 Enrolled Bill (ENR)]

        H.R.1420

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
To amend the National Wildlife Refuge System Administration Act of 1966 
 to improve the management of the National Wildlife Refuge System, 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; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``National Wildlife 
Refuge System Improvement Act of 1997''.
    (b) References.--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 
provision of the National Wildlife Refuge System Administration Act of 
1966 (16 U.S.C. 668dd et seq.).

SEC. 2. FINDINGS.

    The Congress finds the following:
        (1) The National Wildlife Refuge System is comprised of over 
    92,000,000 acres of Federal lands that have been incorporated 
    within 509 individual units located in all 50 States and the 
    territories of the United States.
        (2) The System was created to conserve fish, wildlife, and 
    plants and their habitats and this conservation mission has been 
    facilitated by providing Americans opportunities to participate in 
    compatible wildlife-dependent recreation, including fishing and 
    hunting, on System lands and to better appreciate the value of and 
    need for fish and wildlife conservation.
        (3) The System serves a pivotal role in the conservation of 
    migratory birds, anadromous and interjurisdictional fish, marine 
    mammals, endangered and threatened species, and the habitats on 
    which these species depend.
        (4) The System assists in the fulfillment of important 
    international treaty obligations of the United States with regard 
    to fish, wildlife, and plants and their habitats.
        (5) The System includes lands purchased not only through the 
    use of tax dollars but also through the proceeds from sales of Duck 
    Stamps and national wildlife refuge entrance fees. It is a System 
    that is financially supported by those benefiting from and 
    utilizing it.
        (6) When managed in accordance with principles of sound fish 
    and wildlife management and administration, fishing, hunting, 
    wildlife observation, and environmental education in national 
    wildlife refuges have been and are expected to continue to be 
    generally compatible uses.
        (7) On March 25, 1996, the President issued Executive Order 
    12996, which recognized ``compatible wildlife-dependent 
    recreational uses involving hunting, fishing, wildlife observation 
    and photography, and environmental education and interpretation as 
    priority public uses of the Refuge System''.
        (8) Executive Order 12996 is a positive step and serves as the 
    foundation for the permanent statutory changes made by this Act.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 5 (16 U.S.C. 668ee) is amended to read as 
follows:

``SEC. 5. DEFINITIONS.

    ``For purposes of this Act:
        ``(1) The term `compatible use' means a wildlife-dependent 
    recreational use or any other use of a refuge that, in the sound 
    professional judgment of the Director, will not materially 
    interfere with or detract from the fulfillment of the mission of 
    the System or the purposes of the refuge.
        ``(2) The terms `wildlife-dependent recreation' and `wildlife-
    dependent recreational use' mean a use of a refuge involving 
    hunting, fishing, wildlife observation and photography, or 
    environmental education and interpretation.
        ``(3) The term `sound professional judgment' means a finding, 
    determination, or decision that is consistent with principles of 
    sound fish and wildlife management and administration, available 
    science and resources, and adherence to the requirements of this 
    Act and other applicable laws.
        ``(4) The terms `conserving', `conservation', `manage', 
    `managing', and `management', mean to sustain and, where 
    appropriate, restore and enhance, healthy populations of fish, 
    wildlife, and plants utilizing, in accordance with applicable 
    Federal and State laws, methods and procedures associated with 
    modern scientific resource programs. Such methods and procedures 
    include, consistent with the provisions of this Act, protection, 
    research, census, law enforcement, habitat management, propagation, 
    live trapping and transplantation, and regulated taking.
        ``(5) The term `Coordination Area' means a wildlife management 
    area that is made available to a State--
            ``(A) by cooperative agreement between the United States 
        Fish and Wildlife Service and a State agency having control 
        over wildlife resources pursuant to section 4 of the Fish and 
        Wildlife Coordination Act (16 U.S.C. 664); or
            ``(B) by long-term leases or agreements pursuant to title 
        III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 
        U.S.C. 1010 et seq.).
        ``(6) The term `Director' means the Director of the United 
    States Fish and Wildlife Service or a designee of that Director.
        ``(7) The terms `fish', `wildlife', and `fish and wildlife' 
    mean any wild member of the animal kingdom whether alive or dead, 
    and regardless of whether the member was bred, hatched, or born in 
    captivity, including a part, product, egg, or offspring of the 
    member.
        ``(8) The term `person' means any individual, partnership, 
    corporation, or association.
        ``(9) The term `plant' means any member of the plant kingdom in 
    a wild, unconfined state, including any plant community, seed, 
    root, or other part of a plant.
        ``(10) The terms `purposes of the refuge' and `purposes of each 
    refuge' mean the purposes specified in or derived from the law, 
    proclamation, executive order, agreement, public land order, 
    donation document, or administrative memorandum establishing, 
    authorizing, or expanding a refuge, refuge unit, or refuge subunit.
        ``(11) The term `refuge' means a designated area of land, 
    water, or an interest in land or water within the System, but does 
    not include Coordination Areas.
        ``(12) The term `Secretary' means the Secretary of the 
    Interior.
        ``(13) The terms `State' and `United States' mean the several 
    States of the United States, Puerto Rico, American Samoa, the 
    Virgin Islands, Guam, and the territories and possessions of the 
    United States.
        ``(14) The term `System' means the National Wildlife Refuge 
    System designated under section 4(a)(1).
        ``(15) The terms `take', `taking', and `taken' mean to pursue, 
    hunt, shoot, capture, collect, or kill, or to attempt to pursue, 
    hunt, shoot, capture, collect, or kill.''.
    (b) Conforming Amendment.--Section 4 (16 U.S.C. 668dd) is amended 
by striking ``Secretary of the Interior'' each place it appears and 
inserting ``Secretary''.

SEC. 4. MISSION OF THE SYSTEM.

    Section 4(a) (16 U.S.C. 668dd(a)) is amended--
        (1) by redesignating paragraphs (2) and (3) as paragraphs (5) 
    and (6), respectively;
        (2) in clause (i) of paragraph (6) (as so redesignated), by 
    striking ``paragraph (2)'' and inserting ``paragraph (5)''; and
        (3) by inserting after paragraph (1) the following new 
    paragraph:
    ``(2) The mission of the System is to administer a national network 
of lands and waters for the conservation, management, and where 
appropriate, restoration of the fish, wildlife, and plant resources and 
their habitats within the United States for the benefit of present and 
future generations of Americans.''.

SEC. 5. ADMINISTRATION OF THE SYSTEM.

    (a) Administration Generally.--Section 4(a) (16 U.S.C. 668dd(a)), 
as amended by section 4 of this Act, is further amended by inserting 
after new paragraph (2) the following new paragraphs:
    ``(3) With respect to the System, it is the policy of the United 
States that--
        ``(A) each refuge shall be managed to fulfill the mission of 
    the System, as well as the specific purposes for which that refuge 
    was established;
        ``(B) compatible wildlife-dependent recreation is a legitimate 
    and appropriate general public use of the System, directly related 
    to the mission of the System and the purposes of many refuges, and 
    which generally fosters refuge management and through which the 
    American public can develop an appreciation for fish and wildlife;
        ``(C) compatible wildlife-dependent recreational uses are the 
    priority general public uses of the System and shall receive 
    priority consideration in refuge planning and management; and
        ``(D) when the Secretary determines that a proposed wildlife-
    dependent recreational use is a compatible use within a refuge, 
    that activity should be facilitated, subject to such restrictions 
    or regulations as may be necessary, reasonable, and appropriate.
    ``(4) In administering the System, the Secretary shall--
        ``(A) provide for the conservation of fish, wildlife, and 
    plants, and their habitats within the System;
        ``(B) ensure that the biological integrity, diversity, and 
    environmental health of the System are maintained for the benefit 
    of present and future generations of Americans;
        ``(C) plan and direct the continued growth of the System in a 
    manner that is best designed to accomplish the mission of the 
    System, to contribute to the conservation of the ecosystems of the 
    United States, to complement efforts of States and other Federal 
    agencies to conserve fish and wildlife and their habitats, and to 
    increase support for the System and participation from conservation 
    partners and the public;
        ``(D) ensure that the mission of the System described in 
    paragraph (2) and the purposes of each refuge are carried out, 
    except that if a conflict exists between the purposes of a refuge 
    and the mission of the System, the conflict shall be resolved in a 
    manner that first protects the purposes of the refuge, and, to the 
    extent practicable, that also achieves the mission of the System;
        ``(E) ensure effective coordination, interaction, and 
    cooperation with owners of land adjoining refuges and the fish and 
    wildlife agency of the States in which the units of the System are 
    located;
        ``(F) assist in the maintenance of adequate water quantity and 
    water quality to fulfill the mission of the System and the purposes 
    of each refuge;
        ``(G) acquire, under State law, water rights that are needed 
    for refuge purposes;
        ``(H) recognize compatible wildlife-dependent recreational uses 
    as the priority general public uses of the System through which the 
    American public can develop an appreciation for fish and wildlife;
        ``(I) ensure that opportunities are provided within the System 
    for compatible wildlife-dependent recreational uses;
        ``(J) ensure that priority general public uses of the System 
    receive enhanced consideration over other general public uses in 
    planning and management within the System;
        ``(K) provide increased opportunities for families to 
    experience compatible wildlife-dependent recreation, particularly 
    opportunities for parents and their children to safely engage in 
    traditional outdoor activities, such as fishing and hunting;
        ``(L) continue, consistent with existing laws and interagency 
    agreements, authorized or permitted uses of units of the System by 
    other Federal agencies, including those necessary to facilitate 
    military preparedness;
        ``(M) ensure timely and effective cooperation and collaboration 
    with Federal agencies and State fish and wildlife agencies during 
    the course of acquiring and managing refuges; and
        ``(N) monitor the status and trends of fish, wildlife, and 
    plants in each refuge.''.
    (b) Powers.--Section 4(b) (16 U.S.C. 668dd(b)) is amended--
        (1) in the matter preceding paragraph (1) by striking 
    ``authorized--'' and inserting ``authorized to take the following 
    actions:'';
        (2) in paragraph (1) by striking ``to enter'' and inserting 
    ``Enter'';
        (3) in paragraph (2)--
            (A) by striking ``to accept'' and inserting ``Accept''; and
            (B) by striking ``, and'' and inserting a period;
        (4) in paragraph (3) by striking ``to acquire'' and inserting 
    ``Acquire''; and
        (5) by adding at the end the following new paragraphs:
        ``(4) Subject to standards established by and the overall 
    management oversight of the Director, and consistent with standards 
    established by this Act, to enter into cooperative agreements with 
    State fish and wildlife agencies for the management of programs on 
    a refuge.
        ``(5) Issue regulations to carry out this Act.''.

SEC. 6. COMPATIBILITY STANDARDS AND PROCEDURES.

    Section 4(d) (16 U.S.C. 668dd(d)) is amended by adding at the end 
the following new paragraphs:
    ``(3)(A)(i) Except as provided in clause (iv), the Secretary shall 
not initiate or permit a new use of a refuge or expand, renew, or 
extend an existing use of a refuge, unless the Secretary has determined 
that the use is a compatible use and that the use is not inconsistent 
with public safety. The Secretary may make the determinations referred 
to in this paragraph for a refuge concurrently with development of a 
conservation plan under subsection (e).
    ``(ii) On lands added to the System after March 25, 1996, the 
Secretary shall identify, prior to acquisition, withdrawal, transfer, 
reclassification, or donation of any such lands, existing compatible 
wildlife-dependent recreational uses that the Secretary determines 
shall be permitted to continue on an interim basis pending completion 
of the comprehensive conservation plan for the refuge.
    ``(iii) Wildlife-dependent recreational uses may be authorized on a 
refuge when they are compatible and not inconsistent with public 
safety. Except for consideration of consistency with State laws and 
regulations as provided for in subsection (m), no other determinations 
or findings are required to be made by the refuge official under this 
Act or the Refuge Recreation Act for wildlife-dependent recreation to 
occur.
    ``(iv) Compatibility determinations in existence on the date of 
enactment of the National Wildlife Refuge System Improvement Act of 
1997 shall remain in effect until and unless modified.
    ``(B) Not later than 24 months after the date of the enactment of 
the National Wildlife Refuge System Improvement Act of 1997, the 
Secretary shall issue final regulations establishing the process for 
determining under subparagraph (A) whether a use of a refuge is a 
compatible use. These regulations shall--
        ``(i) designate the refuge official responsible for making 
    initial compatibility determinations;
        ``(ii) require an estimate of the timeframe, location, manner, 
    and purpose of each use;
        ``(iii) identify the effects of each use on refuge resources 
    and purposes of each refuge;
        ``(iv) require that compatibility determinations be made in 
    writing;
        ``(v) provide for the expedited consideration of uses that will 
    likely have no detrimental effect on the fulfillment of the 
    purposes of a refuge or the mission of the System;
        ``(vi) provide for the elimination or modification of any use 
    as expeditiously as practicable after a determination is made that 
    the use is not a compatible use;
        ``(vii) require, after an opportunity for public comment, 
    reevaluation of each existing use, other than those uses specified 
    in clause (viii), if conditions under which the use is permitted 
    change significantly or if there is significant new information 
    regarding the effects of the use, but not less frequently than once 
    every 10 years, to ensure that the use remains a compatible use, 
    except that, in the case of any use authorized for a period longer 
    than 10 years (such as an electric utility right-of-way), the 
    reevaluation required by this clause shall examine compliance with 
    the terms and conditions of the authorization, not examine the 
    authorization itself;
        ``(viii) require, after an opportunity for public comment, 
    reevaluation of each compatible wildlife-dependent recreational use 
    when conditions under which the use is permitted change 
    significantly or if there is significant new information regarding 
    the effects of the use, but not less frequently than in conjunction 
    with each preparation or revision of a conservation plan under 
    subsection (e) or at least every 15 years, whichever is earlier; 
    and
        ``(ix) provide an opportunity for public review and comment on 
    each evaluation of a use, unless an opportunity for public review 
    and comment on the evaluation of the use has already been provided 
    during the development or revision of a conservation plan for the 
    refuge under subsection (e) or has otherwise been provided during 
    routine, periodic determinations of compatibility for wildlife-
    dependent recreational uses.
    ``(4) The provisions of this Act relating to determinations of the 
compatibility of a use shall not apply to--
        ``(A) overflights above a refuge; and
        ``(B) activities authorized, funded, or conducted by a Federal 
    agency (other than the United States Fish and Wildlife Service) 
    which has primary jurisdiction over a refuge or a portion of a 
    refuge, if the management of those activities is in accordance with 
    a memorandum of understanding between the Secretary or the Director 
    and the head of the Federal agency with primary jurisdiction over 
    the refuge governing the use of the refuge.''.

SEC. 7. REFUGE CONSERVATION PLANNING PROGRAM.

    (a) In General.--Section 4 (16 U.S.C. 668dd) is amended--
        (1) by redesignating subsections (e) through (i) as subsections 
    (f) through (j), respectively; and
        (2) by inserting after subsection (d) the following new 
    subsection:
    ``(e)(1)(A) Except with respect to refuge lands in Alaska (which 
shall be governed by the refuge planning provisions of the Alaska 
National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.)), the 
Secretary shall--
        ``(i) propose a comprehensive conservation plan for each refuge 
    or related complex of refuges (referred to in this subsection as a 
    `planning unit') in the System;
        ``(ii) publish a notice of opportunity for public comment in 
    the Federal Register on each proposed conservation plan;
        ``(iii) issue a final conservation plan for each planning unit 
    consistent with the provisions of this Act and, to the extent 
    practicable, consistent with fish and wildlife conservation plans 
    of the State in which the refuge is located; and
        ``(iv) not less frequently than 15 years after the date of 
    issuance of a conservation plan under clause (iii) and every 15 
    years thereafter, revise the conservation plan as may be necessary.
    ``(B) The Secretary shall prepare a comprehensive conservation plan 
under this subsection for each refuge within 15 years after the date of 
enactment of the National Wildlife Refuge System Improvement Act of 
1997.
    ``(C) The Secretary shall manage each refuge or planning unit under 
plans in effect on the date of enactment of the National Wildlife 
Refuge System Improvement Act of 1997, to the extent such plans are 
consistent with this Act, until such plans are revised or superseded by 
new comprehensive conservation plans issued under this subsection.
    ``(D) Uses or activities consistent with this Act may occur on any 
refuge or planning unit before existing plans are revised or new 
comprehensive conservation plans are issued under this subsection.
    ``(E) Upon completion of a comprehensive conservation plan under 
this subsection for a refuge or planning unit, the Secretary shall 
manage the refuge or planning unit in a manner consistent with the plan 
and shall revise the plan at any time if the Secretary determines that 
conditions that affect the refuge or planning unit have changed 
significantly.
    ``(2) In developing each comprehensive conservation plan under this 
subsection for a planning unit, the Secretary, acting through the 
Director, shall identify and describe--
        ``(A) the purposes of each refuge comprising the planning unit;
        ``(B) the distribution, migration patterns, and abundance of 
    fish, wildlife, and plant populations and related habitats within 
    the planning unit;
        ``(C) the archaeological and cultural values of the planning 
    unit;
        ``(D) such areas within the planning unit that are suitable for 
    use as administrative sites or visitor facilities;
        ``(E) significant problems that may adversely affect the 
    populations and habitats of fish, wildlife, and plants within the 
    planning unit and the actions necessary to correct or mitigate such 
    problems; and
        ``(F) opportunities for compatible wildlife-dependent 
    recreational uses.
    ``(3) In preparing each comprehensive conservation plan under this 
subsection, and any revision to such a plan, the Secretary, acting 
through the Director, shall, to the maximum extent practicable and 
consistent with this Act--
        ``(A) consult with adjoining Federal, State, local, and private 
    landowners and affected State conservation agencies; and
        ``(B) coordinate the development of the conservation plan or 
    revision with relevant State conservation plans for fish and 
    wildlife and their habitats.
    ``(4)(A) In accordance with subparagraph (B), the Secretary shall 
develop and implement a process to ensure an opportunity for active 
public involvement in the preparation and revision of comprehensive 
conservation plans under this subsection. At a minimum, the Secretary 
shall require that publication of any final plan shall include a 
summary of the comments made by States, owners of adjacent or 
potentially affected land, local governments, and any other affected 
persons, and a statement of the disposition of concerns expressed in 
those comments.
    ``(B) Prior to the adoption of each comprehensive conservation plan 
under this subsection, the Secretary shall issue public notice of the 
draft proposed plan, make copies of the plan available at the affected 
field and regional offices of the United States Fish and Wildlife 
Service, and provide opportunity for public comment.''.

SEC. 8. EMERGENCY POWER; STATE AUTHORITY; WATER RIGHTS; COORDINATION.

    (a) In General.--Section 4 (16 U.S.C. 668dd) is further amended by 
adding at the end the following new subsections:
    ``(k) Notwithstanding any other provision of this Act, the 
Secretary may temporarily suspend, allow, or initiate any activity in a 
refuge in the System if the Secretary determines it is necessary to 
protect the health and safety of the public or any fish or wildlife 
population.
    ``(l) Nothing in this Act shall be construed to authorize the 
Secretary to control or regulate hunting or fishing of fish and 
resident wildlife on lands or waters that are not within the System.
    ``(m) Nothing in this Act shall be construed as affecting the 
authority, jurisdiction, or responsibility of the several States to 
manage, control, or regulate fish and resident wildlife under State law 
or regulations in any area within the System. Regulations permitting 
hunting or fishing of fish and resident wildlife within the System 
shall be, to the extent practicable, consistent with State fish and 
wildlife laws, regulations, and management plans.
    ``(n)(1) Nothing in this Act shall--
        ``(A) create a reserved water right, express or implied, in the 
    United States for any purpose;
        ``(B) affect any water right in existence on the date of 
    enactment of the National Wildlife Refuge System Improvement Act of 
    1997; or
        ``(C) affect any Federal or State law in existence on the date 
    of the enactment of the National Wildlife Refuge System Improvement 
    Act of 1997 regarding water quality or water quantity.
    ``(2) Nothing in this Act shall diminish or affect the ability to 
join the United States in the adjudication of rights to the use of 
water pursuant to the McCarran Act (43 U.S.C. 666).
    ``(o) Coordination with State fish and wildlife agency personnel or 
with personnel of other affected State agencies pursuant to this Act 
shall not be subject to the Federal Advisory Committee Act (5 U.S.C. 
App.).''.
    (b) Conforming Amendment.--Section 4(c) (16 U.S.C. 668dd(c)) is 
amended by striking the last sentence.

SEC. 9. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.

    (a) In General.--Nothing in this Act is intended to affect--
        (1) the provisions for subsistence uses in Alaska set forth in 
    the Alaska National Interest Lands Conservation Act (Public Law 96-
    487), including those in titles III and VIII of that Act;
        (2) the provisions of section 102 of the Alaska National 
    Interest Lands Conservation Act, the jurisdiction over subsistence 
    uses in Alaska, or any assertion of subsistence uses in Alaska in 
    the Federal courts; and
        (3) the manner in which section 810 of the Alaska National 
    Interest Lands Conservation Act is implemented in national wildlife 
    refuges in Alaska.
    (b) Conflicts of Laws.--If any conflict arises between any 
provision of this Act and any provision of the Alaska National Interest 
Lands Conservation Act, then the provision in the Alaska National 
Interest Lands Conservation Act shall prevail.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.