[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1420 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 1420
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 23, 1997
Mr. Young of Alaska (for himself, Mr. Dingell, Mr. Saxton, Mr. Tanner,
and Mr. Cunningham) introduced the following bill; which was referred
to the Committee on Resources
_______________________________________________________________________
A BILL
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 our territories.
(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 sale of Duck Stamps
and 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
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 use 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 a 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 the State fish and
game agency 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
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 his designee.
``(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 insular 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 3 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 of America 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;
``(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 for compatible
wildlife-dependent recreational activities within the System;
``(J) ensure that priority general public uses 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.''.
(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 paragraph:
``(4) Subject to standards established by and the overall
management oversight of the Director, and consistent with standards
established by this Act, enter into cooperative agreements with State
fish and wildlife agencies for the management of programs on a
refuge.''.
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 paragraph:
``(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 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 this Act 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), when conditions under which the use
is permitted change significantly or when 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;
``(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 when 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; 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 the refuge or a
portion of the 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.
``(5) Overflights above a refuge may be governed by any memorandum
of understanding entered into by the Secretary that applies to 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
recreation.
``(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 of the plan 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, adjacent or potentially
affected landowners, local governments, and any other affected parties,
together with 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; PRESIDENTIAL EXEMPTION; 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 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, or 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.
(a) 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 the Federal courts; and
(3) the manner in which section 810 of the Alaska National
Interest Lands Conservation Act is implemented in refuges in
Alaska.
(b) 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.
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