[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1363 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1363

 To amend the Sikes Act to enhance fish and wildlife conservation and 
     natural resources management programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 1997

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Sikes Act to enhance fish and wildlife conservation and 
     natural resources management programs, 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 ``Sikes Act Improvement Act of 1997''.

SEC. 2. DEFINITION OF SIKES ACT FOR PURPOSES OF AMENDMENTS.

    In this Act, the term ``Sikes Act'' means the Act entitled ``An Act 
to promote effectual planning, development, maintenance, and 
coordination of wildlife, fish, and game conservation and 
rehabilitation in military reservations'', approved September 15, 1960 
(16 U.S.C. 670a et seq.), commonly referred to as the ``Sikes Act''.

SEC. 3. CODIFICATION OF SHORT TITLE OF ACT.

    The Sikes Act (16 U.S.C. 670a et seq.) is amended by inserting 
before title I the following new section:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Sikes Act'.''.

SEC. 4. PREPARATION OF INTEGRATED NATURAL RESOURCES MANAGEMENT PLANS.

    (a) In General.--Section 101 of the Sikes Act (16 U.S.C. 670a(a)) 
is amended by striking out subsection (a) and inserting in lieu thereof 
the following new subsection:
    ``(a) Authority of Secretary of Defense.--
            ``(1) Program.--
                    ``(A) In general.--The Secretary of Defense shall 
                carry out a program to provide for the conservation and 
                rehabilitation of natural resources on military 
                installations.
                    ``(B) Integrated natural resources management 
                plan.--To facilitate the program, the Secretary of each 
                military department shall prepare and implement an 
                integrated natural resources management plan for each 
                military installation in the United States under the 
                jurisdiction of the Secretary, unless the Secretary 
                determines that the absence of significant natural 
                resources on a particular installation makes 
                preparation of such a plan inappropriate.
            ``(2) Cooperative preparation.--The Secretary of a military 
        department shall prepare each integrated natural resources 
        management plan for which the Secretary is responsible in 
        cooperation with the Secretary of the Interior, acting through 
        the Director of the United States Fish and Wildlife Service, 
        and the head of each appropriate State fish and wildlife agency 
        for the State in which the military installation concerned is 
        located. Consistent with paragraph (4), the resulting plan for 
        the military installation shall reflect the mutual agreement of 
        the parties concerning conservation, protection, and management 
        of fish and wildlife resources.
            ``(3) Purposes of program.--Consistent with the use of 
        military installations to ensure the preparedness of the Armed 
        Forces, the Secretaries of the military departments shall carry 
        out the program required by this subsection to provide for--
                    ``(A) the conservation and rehabilitation of 
                natural resources on military installations;
                    ``(B) the sustainable multipurpose use of the 
                resources, which shall include hunting, fishing, 
                trapping, and nonconsumptive uses; and
                    ``(C) subject to safety requirements and military 
                security, public access to military installations to 
                facilitate the use.
            ``(4) Effect on other law.--Nothing in this title--
                    ``(A)(i) affects any provision of a Federal law 
                governing the conservation or protection of fish and 
                wildlife resources; or
                    ``(ii) enlarges or diminishes the responsibility 
                and authority of any State for the protection and 
                management of fish and resident wildlife; or
                    ``(B) except as specifically provided in the other 
                provisions of this section and in section 102, 
                authorizes the Secretary of a military department to 
                require a Federal license or permit to hunt, fish, or 
                trap on a military installation.''.
    (b) Conforming Amendments.--Title I of the Sikes Act is amended--
            (1) in section 101(b)(4) (16 U.S.C. 670a(b)(4)), by 
        striking out ``cooperative plan'' each place it appears and 
inserting in lieu thereof ``integrated natural resources management 
plan'';
            (2) in section 101(c) (16 U.S.C. 670a(c)), in the matter 
        preceding paragraph (1), by striking out ``a cooperative plan'' 
        and inserting in lieu thereof ``an integrated natural resources 
        management plan'';
            (3) in section 101(d) (16 U.S.C. 670a(d)), in the matter 
        preceding paragraph (1), by striking out ``cooperative plans'' 
        and inserting in lieu thereof ``integrated natural resources 
        management plans'';
            (4) in section 101(e) (16 U.S.C. 670a(e)), by striking out 
        ``Cooperative plans'' and inserting in lieu thereof 
        ``Integrated natural resources management plans'';
            (5) in section 102 (16 U.S.C. 670b), by striking out ``a 
        cooperative plan'' and inserting in lieu thereof ``an 
        integrated natural resources management plan'';
            (6) in section 103 (16 U.S.C. 670c), by striking out ``a 
        cooperative plan'' and inserting in lieu thereof ``an 
        integrated natural resources management plan'';
            (7) in section 106(a) (16 U.S.C. 670f(a)), by striking out 
        ``cooperative plans'' and inserting in lieu thereof 
        ``integrated natural resources management plans''; and
            (8) in section 106(c) (16 U.S.C. 670f(c)), by striking out 
        ``cooperative plans'' and inserting in lieu thereof 
        ``integrated natural resources management plans''.
    (c) Required Elements of Plans.--Section 101(b) of the Sikes Act 
(16 U.S.C. 670a(b)) is amended--
            (1) by striking out ``(b) Each cooperative'' and all that 
        follows through the end of paragraph (1) and inserting in lieu 
        thereof the following:
    ``(b) Required Elements of Plans.--Consistent with the use of 
military installations to ensure the preparedness of the Armed Forces, 
each integrated natural resources management plan prepared under 
subsection (a)--
            ``(1) shall, to the extent appropriate and applicable, 
        provide for--
                    ``(A) fish and wildlife management, land 
                management, forest management, and fish- and wildlife-
                oriented recreation;
                    ``(B) fish and wildlife habitat enhancement or 
                modifications;
                    ``(C) wetland protection, enhancement, and 
                restoration, where necessary for support of fish, 
                wildlife, or plants;
                    ``(D) integration of, and consistency among, the 
                various activities conducted under the plan;
                    ``(E) establishment of specific natural resource 
                management goals and objectives and time frames for 
                proposed action;
                    ``(F) sustainable use by the public of natural 
                resources to the extent that the use is not 
                inconsistent with the needs of fish and wildlife 
                resources;
                    ``(G) public access to the military installation 
                that is necessary or appropriate for the use described 
                in subparagraph (F), subject to requirements necessary 
                to ensure safety and military security;
                    ``(H) enforcement of applicable natural resource 
                laws (including regulations);
                    ``(I) no net loss in the capability of military 
                installation lands to support the military mission of 
                the installation; and
                    ``(J) such other activities as the Secretary of the 
                military department determines appropriate;'';
            (2) in paragraph (2), by adding ``and'' at the end;
            (3) by striking out paragraph (3);
            (4) by redesignating paragraph (4) as paragraph (3); and
            (5) in paragraph (3)(A) (as so redesignated), by striking 
        out ``collect the fees therefor,'' and inserting in lieu 
        thereof ``collect, spend, administer, and account for fees for 
        the permits,''.

SEC. 5. REVIEW FOR PREPARATION OF INTEGRATED NATURAL RESOURCES 
              MANAGEMENT PLANS.

    (a) Definitions.--In this section, the terms ``military 
installation'' and ``United States'' have the meanings provided in 
section 100 of the Sikes Act (as added by section 11).
    (b) Review of Military Installations.--
            (1) Review.--Not later than 270 days after the date of 
        enactment of this Act, the Secretary of each military 
        department shall--
                    (A) review each military installation in the United 
                States that is under the jurisdiction of that Secretary 
                to determine the military installations for which the 
                preparation of an integrated natural resources 
                management plan under section 101 of the Sikes Act (as 
                amended by this Act) is appropriate; and
                    (B) submit to the Secretary of Defense a report on 
                the determinations.
            (2) Report to congress.--Not later than one year after the 
        date of enactment of this Act, the Secretary of Defense shall 
        submit to Congress a report on the reviews conducted under 
        paragraph (1). The report shall include--
                    (A) a list of the military installations reviewed 
                under paragraph (1) for which the Secretary of the 
                appropriate military department determines that the 
                preparation of an integrated natural resources 
                management plan is not appropriate; and
                    (B) for each of the military installations listed 
                under subparagraph (A), an explanation of each reason 
                such a plan is not appropriate.
    (c) Deadline for Integrated Natural Resources Management Plans.--
Not later than three years after the date of the submission of the 
report required under subsection (b)(2), the Secretary of each military 
department shall, for each military installation with respect to which 
the Secretary has not determined under subsection (b)(2)(A) that 
preparation of an integrated natural resources management plan is not 
appropriate--
            (1) prepare and begin implementing such a plan in 
        accordance with section 101(a) of the Sikes Act (as amended by 
        this Act); or
            (2) in the case of a military installation for which there 
        is in effect a cooperative plan under section 101(a) of the 
        Sikes Act on the day before the date of enactment of this Act, 
        complete negotiations with the Secretary of the Interior and 
        the heads of the appropriate State agencies regarding changes 
        to the plan that are necessary for the plan to constitute an 
        integrated natural resources management plan that complies with 
        that section, as amended by this Act.
    (d) Public Comment.--The Secretary of each military department 
shall provide an opportunity for the submission of public comments on--
            (1) integrated natural resources management plans proposed 
        under subsection (c)(1); and
            (2) changes to cooperative plans proposed under subsection 
        (c)(2).

SEC. 6. TRANSFER OF WILDLIFE CONSERVATION FEES FROM CLOSED MILITARY 
              INSTALLATIONS.

    Section 101(b)(3)(B) of the Sikes Act (16 U.S.C. 670a(b)) (as 
redesignated by section 4(c)(4)) is amended by inserting before the 
period at the end the following: ``, unless the military installation 
is subsequently closed, in which case the fees may be transferred to 
another military installation to be used for the same purposes''.

SEC. 7. ANNUAL REVIEWS AND REPORTS.

    Section 101 of the Sikes Act (16 U.S.C. 670a) is amended by adding 
at the end the following new subsection:
    ``(f) Reviews and Reports.--
            ``(1) Secretary of defense.--Not later than March 1 of each 
        year, the Secretary of Defense shall review the extent to which 
        integrated natural resources management plans were prepared or 
        were in effect and implemented in accordance with this title in 
        the preceding year, and submit a report on the findings of the 
        review to the committees. Each report shall include--
                    ``(A) the number of integrated natural resources 
                management plans in effect in the year covered by the 
                report, including the date on which each plan was 
                issued in final form or most recently revised;
                    ``(B) the amounts expended on conservation 
                activities conducted pursuant to the plans in the year 
                covered by the report; and
                    ``(C) an assessment of the extent to which the 
                plans comply with this title.
            ``(2) Secretary of the interior.--Not later than March 1 of 
        each year and in consultation with the heads of State fish and 
        wildlife agencies, the Secretary of the Interior shall submit a 
        report to the committees on the amounts expended by the 
        Department of the Interior and the State fish and wildlife 
        agencies in the year covered by the report on conservation 
        activities conducted pursuant to integrated natural resources 
        management plans.
            ``(3) Definition of committees.--In this subsection, the 
        term `committees' means--
                    ``(A) the Committee on Resources and the Committee 
                on National Security of the House of Representatives; 
                and
                    ``(B) the Committee on Armed Services and the 
                Committee on Environment and Public Works of the 
                Senate.''.

SEC. 8. COOPERATIVE AGREEMENTS.

    Section 103a of the Sikes Act (16 U.S.C. 670c-1) is amended--
            (1) in subsection (a), by striking out ``Secretary of 
        Defense'' and inserting in lieu thereof ``Secretary of a 
        military department'';
            (2) by striking out subsection (b) and inserting in lieu 
        thereof the following new subsection:
    ``(b) Multiyear Agreements.--Funds appropriated to the Department 
of Defense for a fiscal year may be obligated to cover the cost of 
goods and services provided under a cooperative agreement entered into 
under subsection (a) or through an agency agreement under section 1535 
of title 31, United States Code, during any 18-month period beginning 
in that fiscal year, without regard to whether the agreement crosses 
fiscal years.''.

SEC. 9. FEDERAL ENFORCEMENT.

    Title I of the Sikes Act is amended--
            (1) by redesignating section 106 (16 U.S.C. 670f) as 
        section 108; and
            (2) by inserting after section 105 (16 U.S.C. 670e) the 
        following new section:

``SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.

    ``All Federal laws relating to the management of natural resources 
on Federal land may be enforced by the Secretary of Defense with 
respect to violations of the laws that occur on military installations 
within the United States.''.

SEC. 10. NATURAL RESOURCES MANAGEMENT SERVICES.

    Title I of the Sikes Act is amended by inserting after section 106 
(as added by section 9) the following new section:

``SEC. 107. NATURAL RESOURCES MANAGEMENT SERVICES.

    ``To the extent practicable using available resources, the 
Secretary of each military department shall ensure that sufficient 
numbers of professionally trained natural resources management 
personnel and natural resources law enforcement personnel are available 
and assigned responsibility to perform tasks necessary to carry out 
this title, including the preparation and implementation of integrated 
natural resources management plans.''.

SEC. 11. DEFINITIONS.

    Title I of the Sikes Act is amended by inserting before section 101 
(16 U.S.C. 670a) the following new section:

``SEC. 100. DEFINITIONS.

    ``In this title:
            ``(1) Military installation.--The term `military 
        installation'--
                    ``(A) means any land or interest in land owned by 
                the United States and administered by the Secretary of 
                Defense or the Secretary of a military department, 
                except land under the jurisdiction of the Assistant 
                Secretary of the Army having responsibility for civil 
                works;
                    ``(B) includes all public lands withdrawn from all 
                forms of appropriation under public land laws and 
                reserved for use by the Secretary of Defense or the 
                Secretary of a military department; and
                    ``(C) does not include any land described in 
                subparagraph (A) or (B) that is subject to an approved 
                recommendation for closure under the Defense Base 
                Closure and Realignment Act of 1990 (part A of title 
                XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
            ``(2) State fish and wildlife agency.--The term `State fish 
        and wildlife agency' means the one or more agencies of State 
        government that are responsible under State law for managing 
        fish or wildlife resources.
            ``(3) United states.--The term `United States' means the 
        States, the District of Columbia, and the territories and 
        possessions of the United States.''.

SEC. 12. REPEAL OF SUPERSEDED PROVISION.

    Section 2 of the Act of October 27, 1986 (Public Law 99-561; 16 
U.S.C. 670a-1), is repealed.

SEC. 13. TECHNICAL AMENDMENTS.

    Title I of the Sikes Act, as amended by this Act, is amended--
            (1) in the heading for the title, by striking out 
        ``MILITARY RESERVATIONS'' and inserting in lieu thereof 
        ``MILITARY INSTALLATIONS'';
            (2) in section 101(b)(3) (16 U.S.C. 670a(b)(3)), as 
        redesignated by section 4(c)(4)--
                    (A) in subparagraph (A), by striking out ``the 
                reservation'' and inserting in lieu thereof ``the 
                installation''; and
                    (B) in subparagraph (B), by striking out ``the 
                military reservation'' and inserting in lieu thereof 
                ``the military installation'';
            (3) in section 101(c) (16 U.S.C. 670a(c))--
                    (A) in paragraph (1), by striking out ``a military 
                reservation'' and inserting in lieu thereof ``a 
                military installation''; and
                    (B) in paragraph (2), by striking out ``the 
                reservation'' and inserting in lieu thereof ``the 
                installation'';
            (4) in section 101(e) (16 U.S.C. 670a(e)), by striking 
        ``the Federal Grant and Cooperative Agreement Act of 1977 (41 
        U.S.C. 501 et seq.)'' and inserting ``chapter 63 of title 31, 
        United States Code'';
            (5) in section 102 (16 U.S.C. 670b), by striking out 
        ``military reservations'' and inserting in lieu thereof 
        ``military installations''; and
            (6) in section 103 (16 U.S.C. 670c)--
                    (A) by striking out ``military reservations'' and 
                inserting in lieu thereof ``military installations''; 
                and
                    (B) by striking out ``such reservations'' and 
                inserting in lieu thereof ``the installations''.

SEC. 14. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Conservation Programs on Military Installations.--Subsections 
(b) and (c) of section 108 of the Sikes Act (as redesignated by section 
9(1)) are each amended by striking out ``1983'' and all that follows 
through ``1993,'' and inserting in lieu thereof ``1998 through 2003,''.
    (b) Conservation Programs on Public Lands.--Section 209 of the 
Sikes Act (16 U.S.C. 670o) is amended--
            (1) in subsection (a), by striking out ``the sum of 
        $10,000,000'' and all that follows through ``to enable the 
        Secretary of the Interior'' and inserting in lieu thereof 
        ``$4,000,000 for each of fiscal years 1998 through 2003, to 
        enable the Secretary of the Interior''; and
            (2) in subsection (b), by striking out ``the sum of 
        $12,000,000'' and all that follows through ``to enable the 
        Secretary of Agriculture'' and inserting in lieu thereof 
        ``$5,000,000 for each of fiscal years 1998 through 2003, to 
        enable the Secretary of Agriculture''.
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