[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1059 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1059

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 SENATE OF THE UNITED STATES

                             July 23, 1997

Mr. Chafee (for himself, Mr. Kempthorne, and Mr. Graham) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 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 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;
            ``(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.
                                 <all>