IB Union Calendar No. 115 112th CONGRESS 1st Session H. R. 1670 [Report No. 112–175, Part I] IN THE HOUSE OF REPRESENTATIVES May 2, 2011 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 July 21, 2011 Reported from the Committee on Natural Resources with an amendment Strike out all after the enacting clause and insert the part printed in italic July 21, 2011 The Committee on Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on May 2, 2011 A BILL To amend the Sikes Act to improve the application of that Act to State-owned facilities used for the national defense.

1.

Short title

This Act may be cited as the Sikes Act Amendments Act of 2011.

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, the Commonwealth of the Northern Mariana Islands, American Samoa, 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 States 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. Such a plan is deemed, for purposes of any other provision of law, to be for lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use. ; (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 redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; (ii)by inserting (A) before Consistent; (iii)in subparagraph (A), as designated by clause (ii) of this subparagraph, by inserting and State-owned National Guard installations after military installations the first place it appears; (iv)in clause (i) of subparagraph (A), as redesignated by clause (i) of this subparagraph, by striking military installations and inserting such installations; (v)in clause (ii) of subparagraph (A), as redesignated by clause (i) of this subparagraph, by inserting on such installations after resources; and (vi)by adding at the end the following subparagraph: (B)In the case of a State-owned National Guard installation, such program shall be carried out in coordination with the chief executive officer of the State in which the installation is located. ; (D)in subsection (b), by inserting and State-owned National Guard installations after military installations the first place it appears; (E)in subparagraphs (G) and (I) of subsection (b)(1), by striking military installation each place it appears and inserting installation; and (F)in subsection (b)(3), by inserting , in the case of a military installation, after (3) may. (3)

Cooperative agreements

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

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 (c), by inserting Prohibitions on Sale and Lease of Lands Unless Effects Compatible With Plan.— after (c); (D)in subsection (d), by inserting Implementation and Enforcement of Integrated Natural Resources Management Plans.— after (d); and (E)in subsection (e)— (i)by inserting Applicability of Other Laws.— after (e); 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). (c)

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. (d)

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.

July 21, 2011 Reported from the Committee on Natural Resources with an amendment July 21, 2011 The Committee on Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed