[Congressional Record Volume 142, Number 34 (Wednesday, March 13, 1996)]
[Senate]
[Pages S1974-S1976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL:
  S. 1611. A bill to establish the Kentucky National Wildlife Refuge, 
and for other purposes; to the Committee on Environment and Public 
Works.

[[Page S1975]]

        the kentucky national wildlife refuge authorization act

 Mr. McCONNELL. Mr. President, I introduce a bill to establish 
the Kentucky National Wildlife Refuge. The designation will give 
Kentucky something that 49 other States have enjoyed for a long time: 
its own national wildlife refuge. What this means to my State is new 
tourism opportunities and a pristine environmental preserve that will 
be part of our legacy to future generations.
  Nearly 100 years ago, President Theodore Roosevelt established the 
National Wildlife Refuge System to protect our Nation's open lands, 
water, and wildlife for the future. It was one of the first Federal 
environmental programs in our history.
  Today, the National Wildlife Refuge System is made up of 571 refuges 
in 49 States and U.S. Territories, totaling nearly 92 million acres of 
the Nation's best wildlife habitat. Until now, Kentucky has been the 
only State without its own independently managed refuge.
  The legislation I am proposing will authorize the U.S. Fish and 
Wildlife Service to purchase up to 20,000 acres in western Kentucky 
located in the east fork of the Clarks River. This site, located near 
Benton, is the only major bottomland hardwood area remaining in western 
Kentucky.
  Once established, the Kentucky National Wildlife Refuge will showcase 
a unique ecosystem, protecting wildlife and offering a variety of 
educational opportunities for the public. This refuge will also provide 
recreational activities, including bird-watching, hiking, hunting, and 
the fishing.
  The refuge area is situated on an important migratory fly-way and 
breeding area for a variety of waterfowl. A large number of migratory 
birds including wood ducks, song birds, and the threatened bald eagle 
make their home here. The hardwood forests make an ideal habitat for 
numerous woodpeckers, hawks, and the eastern wild turkey. Other 
wildlife which would thrive in this area include deer, beavers, otters, 
and bobcats.
  For visitors, the refuge is conveniently located near Paducah, 
Mayfield, Murray, and Benton, and is just 15 miles from Land Between 
the Lakes, which draws nearly 2 million visitors a year. This refuge is 
ideally suited to serve surrounding schools, recreational hikers, and 
hunters. The Clarks River will also appeal to those who enjoy canoeing 
and fishing as well.
  In addition to the environmental and educational benefits, the 
designation of the Kentucky Wildlife Refuge will also provide a 
significant economic boost to the area. The creation of Kentucky's 
first refuge will help keep tourist dollars in the State. A perfect 
example of this is a trip, planned by the Louisville Zoo, to a National 
Wildlife Refuge in Tennessee. This trip is for Kentuckians who are 
interested in eagle-watching. By creating a Kentucky wildlife refuge, 
people who are interested in outdoor activities would have an 
opportunity here in Kentucky--something that nature lovers and the 
State would benefit from.
  I have worked hard to ensure that my proposal is fair in protecting 
the rights of individual landowners, while preserving this important 
habitat. Contained in my bill is language to ensure that the 
acquisition of refuge lands will be from willing sellers, donations, or 
exchanges only.
  I am sensitive to the property rights and concerns of local 
landowners; and for this reason I will closely follow the project to 
ensure that their rights are protected.
  I have also worked closely with the Kentucky Farm Bureau to guarantee 
that the management of the refuge will not impact surrounding farmers 
or unduly restrict agricultural activities. I am confident that both 
agricultural interests and conservation interests can exist side-by-
side in this region.
  Finally, it is deeply gratifying to have such a broad array of 
support for my proposal, including State and local public officials, 
conservation groups, and sportsmen. I would like to commend Tom 
Bennett, commissioner of the Kentucky Department of Fish and Wildlife 
Resources, and his staff, for their efforts to establish consensus 
among the various groups. This refuge could never have been established 
without the strong support of people like Tom, as well as the 
cooperation we have received from the surrounding communities.
  It has been 92 years since Teddy Roosevelt created the National 
Wildlife Refuge System. The time is long overdue for Kentucky to join 
that system at last.
   Mr. President, I ask unanimous consent that a text of the bill be 
printed in the Record and a list of organizations and individuals who 
have endorsed the creation of the wildlife refuge also be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1611

       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 ``Kentucky National Wildlife 
     Refuge Authorization Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the area known as the Clarks River Basin, consisting of 
     20,000 acres of bottomland hardwood and associated wetlands 
     along the Clarks River and the East Fork of the Clarks River 
     in Graves, Marshall, and McCracken Counties, Kentucky, is of 
     critical importance to a variety of migratory and resident 
     waterfowl, neotropical migratory birds, forest wildlife, and 
     riverine species, and a wide array of other species 
     associated with bottomland communities;
       (2) the area is the only major, natural (unchannelized) 
     bottomland hardwood wetland ecosystem remaining in western 
     Kentucky and attracts wintering migratory waterfowl, 
     neotropical migratory birds, and an array of raptors;
       (3) the area provides extraordinary recreational, research, 
     and educational opportunities for students, scientists, 
     birdwatchers, wildlife observers, hunters, anglers, hikers, 
     and nature photographers;
       (4) the area is an internationally significant 
     environmental resource that is unprotected and requires 
     active management to prevent vegetative encroachment and to 
     otherwise protect and enhance the value of the area as fish 
     and wildlife habitat;
       (5) the Clarks River Basin has been identified in the 
     preliminary project proposal plan for the establishment of 
     the Kentucky National Wildlife Refuge, prepared by the United 
     States Fish and Wildlife Service (Southeast Region), as an 
     area deserving permanent protection; and
       (6) since agriculture and silviculture are essential to the 
     economies of Graves, Marshall, and McCracken Counties and can 
     contribute to healthy ecosystems for wildlife, the refuge 
     should not restrict agricultural and silvicultural activities 
     on private lands.

     SEC. 3. PURPOSE.

       The purpose of this Act is to establish the Kentucky 
     National Wildlife Refuge to be managed--
       (1) to conserve fish and wildlife populations and the 
     habitats of the populations, including habitats of bald 
     eagles, golden eagles, Indiana bats, wood ducks, neotropical 
     migratory birds, shorebirds, and other migratory birds;
       (2) to preserve and showcase the concepts of biodiversity 
     and ecosystem management;
       (3) to enhance and provide a vital link to public areas 
     containing habitat managed for waterfowl and other migratory 
     birds;
       (4) to fulfill international treaty obligations of the 
     United States with regard to fish and wildlife and the 
     habitats of the fish and wildlife;
       (5) to restore and maintain the physical and biological 
     integrity of wetlands and other waters within the refuge;
       (6) to conserve species known to be threatened with 
     extinction; and
       (7) to provide opportunities for scientific research, 
     environmental education, and fish- and wildlife-associated 
     recreation (including hunting, trapping, and fishing) and 
     access to the extent compatible with the management purposes 
     specified in paragraphs (1) through (6).

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Land.--The term ``land'' includes an interest in land.
       (2) Refuge.--The term ``refuge'' means the Kentucky 
     National Wildlife Refuge established under section 5.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Fish and Wildlife Service.
       (4) Water.--The term ``water'' includes an interest in 
     water.

     SEC. 5. ESTABLISHMENT OF REFUGE.

       (a) Establishment.--In accordance with this Act, the 
     Secretary shall establish a staffed and fully functional 
     national wildlife refuge to be known as the ``Kentucky 
     National Wildlife Refuge''.
       (b) Boundary Designation.--The Secretary shall--
       (1) consult with appropriate State and local officials, 
     private conservation organizations, and other interested 
     parties in designating the boundaries of the refuge, which 
     shall comprise approximately 20,000 acres;
       (2) prepare a detailed map depicting the boundaries 
     designated under paragraph (1), which shall be on file and 
     available for public inspection at offices of the United 
     States Fish and Wildlife Service; and
       (3) include in the boundaries of the refuge the lands, 
     aquatic systems, wetlands, and

[[Page S1976]]

     waters depicted on the maps prepared under paragraph (2).
       (c) Boundary Revisions.--The Secretary may make such minor 
     revisions in the boundaries designated under subsection (b) 
     as are necessary to carry out the purpose of the refuge and 
     to facilitate the acquisition of property within the refuge.
       (d) Acquisition.--To the extent authorized under the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et 
     seq.), the Migratory Bird Conservation Act (16 U.S.C. 715 et 
     seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et 
     seq.), the Emergency Wetlands Resources Act of 1986 (16 
     U.S.C. 3901 et seq.), and other laws, the Secretary may 
     acquire for inclusion in the refuge, by purchase from willing 
     sellers, donation, or exchange, lands and waters (including 
     permanent conservation easements) within the boundaries 
     designated under subsection (b). All lands and waters so 
     acquired shall become part of the refuge.
       (e) Operation and Maintenance.--The Secretary shall 
     construct such office, maintenance, and support facilities as 
     are necessary for the operation and maintenance of the 
     refuge.

     SEC. 6. ADMINISTRATION.

       (a) General Administrative Authority.--The Secretary shall 
     administer all lands and waters acquired under section 5 in 
     accordance with the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd et seq.).
       (b) Other Administrative Authority.--Consistent with 
     subsection (a) and to carry out the purpose of the refuge, 
     the Secretary may use such additional authority as is 
     available to the Secretary for the conservation and 
     development of fish, wildlife, and natural resources, the 
     development of outdoor recreational opportunities (including 
     hunting, trapping, and fishing), and interpretative 
     education.
       (c) Management Plan.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall prepare a 
     comprehensive management plan for the development and 
     operation of the refuge that shall include--
       (A) refuge management priorities and strategies;
       (B) the planning and design of observation points, trails, 
     and access points, including parking and other necessary 
     facilities; and
       (C) such provisions as are necessary to ensure that--
       (i) no activity carried out in the refuge will result in 
     the obstruction of the flow of water so as to affect any 
     private land adjacent to the refuge; and
       (ii) no buffer zone regulating any land use (other than 
     hunting and fishing) is established.
       (2) Public participation.--
       (A) In general.--The Secretary shall provide opportunity 
     for public participation in developing the management plan.
       (B) Local entities.--The Secretary shall give special 
     consideration to means by which the participation and 
     contributions of local public and private entities in 
     developing and implementing the management plan can be 
     encouraged.
       (d) Outreach and Education.--The Secretary shall work with, 
     provide technical assistance to, provide community outreach 
     and education programs for or with, or enter into cooperative 
     agreements with private landowners, State and local 
     governments or agencies, and conservation organizations to 
     further the purpose for which the refuge is established.

     SEC. 7. GIFTS.

       As soon as practicable after the date of enactment of this 
     Act, the Director of the United States Fish and Wildlife 
     Service shall request that the National Fish and Wildlife 
     Foundation established under the National Fish and Wildlife 
     Foundation Establishment Act (16 U.S.C. 3701 et seq.) take 
     such measures as the Foundation considers appropriate to 
     encourage, accept, and administer private gifts of property 
     or funds to further the purpose of this Act.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                                                    ____


Organizations That Have Endorsed the Creation of the Kentucky National 
                            Wildlife Refuge

       Appalachia Science in the Public Interest.
       Association of Chenoweth Run Environmentalists.
       Audubon Society of Kentucky.
       Bell County Beautification Association.
       Berea College Biology Club.
       Brushy Fork Water Watch.
       Community Farm Alliance.
       Daviess County Audubon Society & Kentucky Ornithological 
     Society.
       Department of Parks
       Eastern KY University Wildlife Society.
       Elkhorn Land & Historic Trust Inc.
       Floyds Fork Environmental Association.
       Friends of Mill Creek.
       Gun Powder Creek Water Watch.
       Harlan County Clean Community Association.
       Hart County Environmental Group.
       Highlands Group Cumberland Chapter Sierra Club.
       Ky Academy of Science.
       Ky Association for Environmental Education.
       Ky Audubon Council.
       Ky Citizens Accountability Project.
       Ky Conservation Committee.
       Ky Fish & Wildlife Education & Resource Foundation.
       Ky Houndsmen Association.
       Ky Native Plant Society.
       Ky Society of Natural History.
       Ky State Nature Preserve Commission.
       Lake Cumberland Water Watch.
       Land & Nature Trust of the Bluegrass.
       League of Ky Sportsman.
       League of Women Voters of Kentucky.
       Leslie County KAB System.
       Litter River Audubon Society.
       Louisville Audubon Society.
       Louisville Chapter 476 of Trout Unlimited.
       Louisville Nature Center.
       Madison County Clean Community Committee.
       Madison Environment.
       Mall Interiors.
       Midway Area Environmental Committee.
       National Wild Turkey Federation.
       Oldham Community Center & Nature Preserve, Inc.
       Petersen's Fault Farm.
       Pleasant Hill Recreation Association.
       Pride Inc.
       Quail Unlimited
       Rockcastle River Rebirth.
       Rocky Mountain Elk Foundation.
       Ruddles Mill Conservation Project.
       Scenic Kentucky.
       Shelby Clean Community Program.
       Shelby County Clean Community Council.
       Sierra Club Cumberland Chapter.
       Steve & Janet Kistler.
       The Nature Conservancy/Kentucky Chapter.
       The Wildlife Connection.
       Trout Unlimited/KYOUA Chapter.
       Mikeal E. Joseph.
       Paul Garland.
       Paul C. Garland.
       Kathy Zajac.
       William S. Bryant.
       Frances Williams.
       The Black Family.
                                 ______