[House Document 104-271]
[From the U.S. Government Publishing Office]



104th Congress, 2d Session - - - - - - - - - - House Document 104-271


 
                           VETO OF H.R. 2909

                               __________

                                MESSAGE

                                  FROM

                   THE PRESIDENT OF THE UNITED STATES

                              TRANSMITTING

HIS VETO OF H.R. 2909, ENTITLED THE ``SILVIO O. CONTE NATIONAL FISH AND 
           WILDLIFE REFUGE EMINENT DOMAIN PRESERVATION ACT''




 October 13, 1996.--Veto message and accompanying bill referred to the 
           Committee on Resources and ordered to be printed.


To the House of Representatives:
    I am returning herewith without my approval H.R. 2909, the 
``Silvio O. Conte National Fish and Wildlife Refuge Eminent 
Domain Prevention Act.''
    This bill would prohibit the use of eminent domain 
authority for the protection of the public's fish and wildlife 
resources at portions of the Silvio O. Conte National Fish and 
Wildlife Refuge in the States of New Hampshire and Vermont. 
Because it is unnecessary and would undermine important 
governmental interests, I cannot support it.
    First, the Conte Refuge poses no threat to property owners. 
Located along the Connecticut River in the States of 
Connecticut, Massachusetts, New Hampshire, and Vermont, it 
represents an entirely new kind of national wildlife refuge. 
Rather than relying on the traditional approach of acquiring 
large tracts of land, the comprehensive plan for the Conte 
Refuge provides that only small amounts will come into Federal 
ownership--a total of only 1,200 acres in New Hampshire and 
Vermont, along with conservation easements for an additional 
760 acres. Instead of Federal land acquisition, the main 
emphasis for the Refuge will be on restoring the Connecticut 
River watershed through voluntary partnerships, cooperative 
agreements, and environmental education. The Fish and Wildlife 
Service has no intention of using its eminent domain authority.
    Second, this bill would undermine a constitutionality 
bestowed authority of the Federal Government by prohibiting the 
use of eminent domain for fish and wildlife conservation. The 
truth is that the Fish and Wildlife Service almost never uses 
eminent domain for wildlife conservation purposes--on a 
nationwide basis, since 1989, the U.S. Fish and Wildlife 
Service has only used its eminent domain power with the consent 
of the owner to settle price or title differences. Still, 
eminent domain remains an important tool of last resort, to 
protect the public's interest in fish and wildlife resources 
should unforeseen circumstances arise.
    Private property is a fundamental American right and value. 
But this bill is unnecessary and would erode a constitutional 
authority that has served the public interest for over 200 
years. As stated during debate on this bill in the House of 
Representatives, H.R. 2909 is a solution in search of a 
problem.
                                                William J. Clinton,
    The White House, October 2, 1996.


        H.R.2909

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

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


                                 An Act


 To amend the Silvio O. Conte National Fish and Wildlife Refuge Act to 
    provide that the Secretary of the Interior may acquire lands for 
purposes of that Act only by donation or exchange, or otherwise with the 
                   consent of the owner of the lands.

    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 ``Silvio O. Conte National Fish and 
Wildlife Refuge Eminent Domain Prevention Act''.

SEC. 2. RESTRICTION ON METHOD OF ACQUISITION OF LANDS FOR PURPOSES OF 
              THE SILVIO O. CONTE NATIONAL FISH AND WILDLIFE REFUGE 
              ACT.

    Section 106 of the Silvio O. Conte National Fish and Wildlife 
Refuge Act (Public Law 102-212; 16 U.S.C. 668dd note) is amended by 
adding at the end the following new subsection:
    ``(e) Restriction on Method of Acquisition.--The Secretary may 
acquire lands in New Hampshire and Vermont for purposes of this title 
only by donation or exchange, or otherwise with the consent of the 
owner of the lands.''.

                        Newt Gingrich,
                   Speaker of the House of Representatives pro tempore.

                        Strom Thurmond,
                                   President of the Senate pro tempore.

[Endorsement on back of bill:]
I certify that this Act originated in the House of Representatives.
                                                 Robin H. Carle, Clerk.
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