[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2454 Enrolled Bill (ENR)]

        H.R.2454

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine


                                 An Act


 
 To assure the long-term conservation of mid-continent light geese and 
the biological diversity of the ecosystem upon which many North American 
 migratory birds depend, by directing the Secretary of the Interior to 
 implement rules to reduce the overabundant population of mid-continent 
                              light geese.

    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 ``Arctic Tundra Habitat Emergency 
Conservation Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
        (1) The winter index population of mid-continent light geese 
    was 800,000 birds in 1969, while the total population of such geese 
    is more than 5,200,000 birds today.
        (2) The population of mid-continent light geese is expanding by 
    over 5 percent each year, and in the absence of new wildlife 
    management actions it could grow to more than 6,800,000 breeding 
    light geese in 3 years.
        (3) The primary reasons for this unprecedented population 
    growth are--
            (A) the expansion of agricultural areas and the resulting 
        abundance of cereal grain crops in the United States;
            (B) the establishment of sanctuaries along the United 
        States flyways of migrating light geese; and
            (C) a decline in light geese harvest rates.
        (4) As a direct result of this population explosion, the Hudson 
    Bay Lowlands Salt-Marsh ecosystem in Canada is being systematically 
    destroyed. This ecosystem contains approximately 135,000 acres of 
    essential habitat for migrating light geese and many other avian 
    species. Biologists have testified that one-third of this habitat 
    has been destroyed, one-third is on the brink of devastation, and 
    the remaining one-third is overgrazed.
        (5) The destruction of the Arctic tundra is having a severe 
    negative impact on many avian species that breed or migrate through 
    this habitat, including the following:
            (A) Canada Goose.
            (B) American Wigeon.
            (C) Dowitcher.
            (D) Hudsonian Godwit.
            (E) Stilt Sandpiper.
            (F) Northern Shoveler.
            (G) Red-Breasted Merganser.
            (H) Oldsquaw.
            (I) Parasitic Jaeger.
            (J) Whimbrel.
            (K) Yellow Rail.
        (6) It is essential that the current population of mid-
    continent light geese be reduced by 50 percent by the year 2005 to 
    ensure that the fragile Arctic tundra is not irreversibly damaged.
    (b) Purposes.--The purposes of this Act are the following:
        (1) To reduce the population of mid-continent light geese.
        (2) To assure the long-term conservation of mid-continent light 
    geese and the biological diversity of the ecosystem upon which many 
    North American migratory birds depend.

SEC. 3. FORCE AND EFFECT OF RULES TO CONTROL OVERABUNDANT MID-CONTINENT 
              LIGHT GEESE POPULATIONS.

    (a) Force and Effect.--
        (1) In general.--The rules published by the Service on February 
    16, 1999, relating to use of additional hunting methods to increase 
    the harvest of mid-continent light geese (64 Fed. Reg. 7507-7517) 
    and the establishment of a conservation order for the reduction of 
    mid-continent light goose populations (64 Fed. Reg. 7517-7528), 
    shall have the force and effect of law.
        (2) Public notice.--The Secretary, acting through the Director 
    of the Service, shall take such action as is necessary to 
    appropriately notify the public of the force and effect of the 
    rules referred to in paragraph (1).
    (b) Application.--Subsection (a) shall apply only during the period 
that--
        (1) begins on the date of the enactment of this Act; and
        (2) ends on the latest of--
            (A) the effective date of rules issued by the Service after 
        such date of the enactment to control overabundant mid-
        continent light geese populations;
            (B) the date of the publication of a final environmental 
        impact statement for such rules under section 102(2)(C) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)); and
            (C) May 15, 2001.
    (c) Rule of Construction.--This section shall not be construed to 
limit the authority of the Secretary or the Service to issue rules, 
under another law, to regulate the taking of mid-continent light geese.

SEC. 4. COMPREHENSIVE MANAGEMENT PLAN.

    (a) In General.--Not later than the end of the period described in 
section 103(b), the Secretary shall prepare, and as appropriate 
implement, a comprehensive, long-term plan for the management of mid-
continent light geese and the conservation of their habitat.
    (b) Required Elements.--The plan shall apply principles of adaptive 
resource management and shall include--
        (1) a description of methods for monitoring the levels of 
    populations and the levels of harvest of mid-continent light geese, 
    and recommendations concerning long-term harvest levels;
        (2) recommendations concerning other means for the management 
    of mid-continent light goose populations, taking into account the 
    reasons for the population growth specified in section 102(a)(3);
        (3) an assessment of, and recommendations relating to, 
    conservation of the breeding habitat of mid-continent light geese;
        (4) an assessment of, and recommendations relating to, 
    conservation of native species of wildlife adversely affected by 
    the overabundance of mid-continent light geese, including the 
    species specified in section 102(a)(5); and
        (5) an identification of methods for promoting collaboration 
    with the Government of Canada, States, and other interested 
    persons.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of fiscal 
years 2000 through 2002.

SEC. 5. DEFINITIONS.

    In this Act:
        (1) Mid-continent light geese.--The term ``mid-continent light 
    geese'' means Lesser snow geese (Anser caerulescens caerulescens) 
    and Ross' geese (Anser rossii) that primarily migrate between 
    Canada and the States of Alabama, Arkansas, Colorado, Illinois, 
    Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, 
    Mississippi, Missouri, Montana, Nebraska, New Mexico, North Dakota, 
    Ohio, Oklahoma, South Dakota, Tennessee, Texas, Wisconsin, and 
    Wyoming.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.
        (3) Service.--The term ``Service'' means the United States Fish 
    and Wildlife Service.

                               Speaker of the House of Representatives.

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