I 111th CONGRESS 2d Session H. R. 5284 IN THE HOUSE OF REPRESENTATIVES May 12, 2010 Ms. Bordallo introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Sikes Act to improve natural resources management planning for State-owned facilities used for the national defense, and for other purposes.

1.

Short title

This Act may be cited as the Sikes Act Amendments Act of 2010.

2.

Improved Sikes Act coverage of State-owned facilities used for the national defense

(a)

Improvements to Act

The Sikes Act (16 U.S.C. 670 et seq.) is amended as follows: (1)

Definitions

Section 100 (16 U.S.C. 670) is amended— (A)by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (B)by inserting after paragraph (1) the following new paragraphs: (2)

State

The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (3)

State-owned National Guard installation

The term State-owned National Guard installation means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32, United State Code, with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense. . (2)

Funding of integrated natural resources management plans

Section 101 (16 U.S.C. 670a) is amended— (A)in subsection (a)(1)(B)— (i)by inserting (i) before To facilitate; and (ii)by adding at the end the following new clause: (ii)The Secretary of a military department may, subject to the availability of appropriations, develop and implement an integrated natural resources management plan for a State-owned National Guard installation. Such a plan shall be developed and implemented in coordination with the chief executive officer of the State in which the State-owned National Guard installation is located. ; (B)in subsection (a)(2), by inserting or State-owned National Guard installation after military installation both places it appears; (C)in subsection (a)(3)— (i)by striking and at the end of subparagraph (B); (ii)by striking the period at the end of subparagraph (C) and inserting ; and; and (iii)by adding at the end the following new subparagraph: (D)the conservation and rehabilitation of natural resources on State-owned National Guard installations and sustainable multipurpose use of the natural resources on those installations. ; (D)by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and (E)by inserting after subsection (b) the following new subsection (c): (c)

Required elements of plans for State-Owned National Guard installations

Each integrated natural resources management plan for a State-owned National Guard installation that is prepared under subsection (a)(1)(B)(ii)— (1)shall, to the extent appropriate and applicable, provide for the same matters for the installation as are required under subsection (c)(1) for a military installation; and (2)must be reviewed as to operation and effect by the parties thereto on a regular basis, but not less often than every 5 years. . (3)

Cooperative agreements

Section 103a(a) (16 U.S.C. 670c–1(a)) is amended— (A)in paragraph (1), by inserting and State-owned National Guard installations after military installations; and (B)in paragraph (2), by inserting or State-owned National Guard installations after military installation. (b)

Expansion and extension of invasive species management pilot program

Subsection (g) of section 101 of such Act (16 U.S.C. 670a) is amended— (1)in the subsection heading— (A)by striking Pilot Program; and (B)by striking in Guam; and (2)in paragraph (1)— (A)by striking During fiscal years 2009 through 2014, the and inserting The; and (B)by striking in Guam. (c)

Section and subsection headings

Such Act is further amended as follows: (1)Section 101 (16 U.S.C. 670a) is amended— (A)by inserting at the beginning the following:

101.

Cooperative plan for conservation and rehabilitation

; (B)by striking Sec. 101.; (C)in subsection (d), as redesignated by subsection (a)(2)(D) of this section, by inserting Prohibitions on Sale and Lease of Lands Unless Effects Compatible With Plan.— after (d); (D)in subsection (e), as redesignated by subsection (a)(2)(D) of this section, by inserting Implementation and Enforcement of Integrated Natural Resources Management Plans.— after (e); and (E)in subsection (f), as redesignated by subsection (a)(2)(D) of this section— (i)by inserting Applicability of Other Laws.— after (f); and (ii)by inserting a comma after Code. (2)Section 102 (16 U.S.C. 670b) is amended— (A)by inserting at the beginning the following:

102.

Migratory game birds; hunting permits

; (B)by striking Sec. 102. and inserting (a) Integrated Natural Resources Management Plan.—; and (C)by striking agency: and all that follows through possession and inserting agency.(b)

Applicability of other laws

Possession . (3)Section 103a (16 U.S.C. 670c–1) is further amended— (A)by inserting at the beginning the following:

103A.

Cooperative and interagency agreements for land management on installations

; (B)by striking Sec. 103a.; (C)in subsection (a), by inserting Authority of Secretary of Military Department.— after (a); and (D)in subsection (c), by inserting Availability of Funds; Agreements Under Other Laws.— after (c). (4)Section 104 (16 U.S.C. 670d) is amended— (A)by inserting at the beginning the following:

104.

Liability for funds; accounting to Comptroller General

; and(B)by striking Sec. 104.. (5)Section 105 (16 U.S.C. 670e) is amended— (A)by inserting at the beginning the following:

105.

Applicability to other laws; national forest lands

; and(B)by striking Sec. 105.. (6)Section 108 (16 U.S.C. 670f) is amended— (A)by inserting at the beginning the following:

108.

Appropriations and expenditures

; (B)by striking Sec. 108.; (C)in subsection (a), by inserting “Expenditures of collected funds Under Integrated Natural Resources Management Plans.—” after (a); (D)in subsection (b), by inserting Authorization of Appropriations to Secretary of Defense.— after (b); (E)in subsection (c), by inserting Authorization of Appropriations to Secretary of the Interior.— after (c); and (F)in subsection (d), by inserting Use of Other Conservation or Rehabilitation Authorities.— after (d). (7)Section 201 (16 U.S.C. 670g) is amended— (A)by inserting at the beginning the following:

201.

Wildlife, fish, and game conservation and rehabilitation programs

; (B)by striking Sec. 201.; (C)in subsection (a), by inserting Programs required.— after (a); and (D)in subsection (b), by inserting Implementation of Programs.— after (b). (8)Section 202 (16 U.S.C. 670h) is amended— (A)by inserting at the beginning the following:

202.

Comprehensive plans for conservation and rehabilitation programs

; (B)by striking Sec. 202.; (C)in subsection (a), by inserting Development of plans.— after (a); (D)in subsection (b), by inserting Consistency with Overall Land Use and Management Plans; Hunting, Trapping, and Fishing.— after (b); (E)in subsection (c), by inserting Cooperative Agreements By State Agencies for Implementation of Programs.— after (c); and (F)in subsection (d), by inserting State Agency Agreements Not Cooperative Agreements Under Other Provisions.— after (d). (9)Section 203 (16 U.S.C. 670i) is amended— (A)by inserting at the beginning the following:

203.

Public land management area stamps for hunting, trapping, and fishing on public lands subject to programs

; (B)by striking Sec. 203.; (C)in subsection (a), by inserting Agreements To require stamps.— after (a); and (D)in subsection (b)— (i)by inserting Conditions for agreements.— after (b); and (ii)by moving paragraph (3) 2 ems to the right, so that the left-hand margin aligns with that of paragraph (2). (10)Section 204 (16 U.S.C. 670j) is amended— (A)by inserting at the beginning the following:

204.

Enforcement provisions

; (B)by striking Sec. 204.; (C)in subsection (a), by inserting Violations and Penalties.— after (a); (D)in subsection (b), by inserting Enforcement Powers and proceedings.— after (b); (E)in subsection (c), by inserting Seizure and Forfeiture.— after (c); and (F)in subsection (d), by inserting Applicability of Customs Laws.— after (d). (11)Section 205 (16 U.S.C. 670k) is amended— (A)by inserting at the beginning the following:

205.

Definitions

; and(B)by striking Sec. 205.. (12)Section 206 (16 U.S.C. 670l) is amended— (A)by inserting at the beginning the following:

206.

Stamp requirements not applicable to Forest Service and Bureau of Land Management lands; authorized fees

; and(B)by striking Sec. 206.. (13)Section 207 (16 U.S.C. 670m) is amended— (A)by inserting at the beginning the following:

207.

Indian rights; State or Federal jurisdiction regulating Indian rights

; and(B)by striking Sec. 207.. (14)Section 209 (16 U.S.C. 670o) is amended— (A)by inserting at the beginning the following:

209.

Authorization of appropriations

; (B)by striking Sec. 209.; (C)in subsection (a), by inserting Functions and Responsibilities of Secretary of the Interior.— after (a); (D)in subsection (b), by inserting Functions and Responsibilities of Secretary of Agriculture.— after (b); (E)in subsection (c), by inserting Use of Other Conservation or Rehabilitation Authorities.— after (c); and (F)in subsection (d), by inserting Contract Authority.— after (d). (d)

Codification of change of name

Section 204(b) of such Act (16 U.S.C. 670j) is amended by striking magistrate both places it appears and inserting magistrate judge. (e)

Repeal of obsolete section

Section 208 of such Act is repealed, and section 209 of such Act (16 U.S.C. 670o) is redesignated as section 208.