[Congressional Record Volume 142, Number 48 (Tuesday, April 16, 1996)]
[House]
[Pages H3489-H3492]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                H.R. 842

                         Offered By: Mr. Minge

       Amendment No. 1: On page 3, line 10 insert ``(a) In 
     General.--Except as provided in subsection (b)'' before 
     ``Notwithstanding''
       On page 4, after line 14 insert the following:
       ``(b) Prohibition on Funding Transportation Projects From 
     General Revenue.--Subsection (a) shall no longer be effective 
     after the last day of a fiscal year in which any amounts were 
     made available from the general fund of the Treasury of the 
     United States for construction, rehabilitation and 
     maintenance of highways or grants-in-aid for airports or for 
     aviation-related facilities, equipment, research and 
     engineering as determed by the Director of the Office of 
     Management and Budget.''

                                H.R. 842

                         Offered By: Mr. Minge

       Amendment No. 2: Page 3, line 10, insert ``(a) In 
     General.--'' before ``Notwithstanding''.
       Page 4, after line 14, insert the following:
       (b) Prohibition on Earmarking of Highway Trust Fund 
     Amounts.--Subsection (a) shall no longer apply with respect 
     to the Highway Trust Fund after the last day of any fiscal 
     year in which amounts are made available for obligation from 
     the Highway Trust Fund for any highway construction project 
     or activity that is specifically designated in a Federal law, 
     a report of a committee accompanying a bill enacted into law, 
     or a joint explanatory statement of conferees accompanying a 
     conference report, as determined by the Director of the 
     Office of Management and Budget.

                                H.R. 842

                         Offered By: Mr. Minge

       Amendment No. 3: Page 3, line 10, insert ``(a) In 
     General.--'' before ``Notwithstanding''.
       Page 4, after line 14, insert the following:
       (b) Prohibition on Earmarking of Highway Trust Fund 
     Amounts.--Subsection (a) shall no longer apply with respect 
     to the Highway Trust Fund after the last day of any fiscal 
     year in which amounts are made available for obligation from 
     the Highway Trust Fund for any construction project or 
     activity that is specifically designated in a Federal law, a 
     report of a committee accompanying a bill enacted into law, 
     or a joint explanatory statement of conferees accompanying a 
     conference report, as determined by the Director of the 
     Office of Management and Budget.

                                H.R. 842

                          Offered By: Mr. Obey

       Amendment No. 4: Page 3, line 10, strike 
     ``Notwithstanding'' and insert ``(a) In General.--Except as 
     provided by subsection (b) and notwithstanding'', and page 4, 
     after line 14, insert the following new subsection:
       (b) Exception.--If, for any fiscal year, the disbursements 
     from any fund described in subsection (a) exceed receipts 
     dedicated to that fund, the provisions of subsection (a) 
     shall not apply to that excess of disbursements over 
     receipts.

                                H.R. 842

                         Offered By: Mr. Royce

       Amendment No. 5: Page 3, line 10, insert ``(a) In 
     General.--'' before ``Notwithstanding''.
       Page 4, after line 14, insert the following:
       (b) Prohibition on Earmarking of Highway Trust Fund 
     Amounts.--Subsection (a) shall no longer apply with respect 
     to the Highway Trust Fund after the last day of any fiscal 
     year in which amounts are made available for obligation from 
     the Highway Trust Fund for any highway construction project 
     or activity that is specifically designated in a Federal law, 
     a report of a committee accompanying a bill enacted into law, 
     or a joint explanatory statement of conferees accompanying a 
     conference report, as determined by the Director of the 
     Office of Management and Budget.

                                H.R. 842

                          Offered By: Mr. Sabo

       Amendment No. 6: Page 3, line 10, strike 
     ``Notwithstanding'' and insert ``(a) In General.--Except as 
     provided by subsection (b) and notwithstanding'', and page 4, 
     after line 14, insert the following new subsection:
       (b) Exception.--(1) If, for any fiscal year, the 
     disbursements from any fund described in subsection (a) would 
     exceed the balance in that fund (as adjusted pursuant to 
     paragraph (2)), the provisions of subsection (a) shall not 
     apply to those excess disbursements.
       (2) In applying this subsection, the balances otherwise 
     available in a trust fund shall be reduced by the amount (if 
     any) by which interest to be credited to that fund during a 
     fiscal year would exceed the amount of interest that would be 
     credited if the interest rate paid to the fund did not exceed 
     the average interest rate on 52-week Treasury securities to 
     be sold to the public during the same fiscal year.

                                H.R. 842

                   Offered By: Mr. Smith of Michigan

       Amendment No. 7: Page 3, lines 10 and 11, strike ``the 
     receipts and disbursements of'' and insert the following:

     the amounts that after the date of the enactment of this Act 
     are received by or disbursed from

                                H.R. 842

                   Offered By: Mr. Smith of Michigan

       Amendment No. 8: Page 12, after line 22, insert the 
     following:

     SEC. 5. APPROPRIATION OF INTEREST EARNINGS OF HIGHWAY TRUST 
                   FUND.

       (a) Purpose.--It is the purpose of this section to offset 
     the approximately $82,000,000,000 that has been appropriated 
     from the general fund of the Treasury for Federal-aid highway 
     and mass transit construction projects.
       (b) Appropriation of Interest Earnings.--On September 30, 
     1996, there is hereby appropriated from the Highway Trust 
     Fund to the general fund of the Treasury an amount equal to 
     the aggregate amounts of interest credited to the Highway 
     Trust Fund before such date.
       Page 13, line 1, strike ``5'' and insert ``6''.

                               H.R. 1675

                    Offered By: Mr. Young of Alaska

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE; REFERENCES.

       (a) Short Title.--This Act may be cited as the ``National 
     Wildlife Refuge Improvement Act of 1996''.
       (b) References.--Whenever in this Act an amendment or 
     repeal is expressed in terms of an amendment to, or repeal 
     of, a section or other provision, the reference shall be 
     considered to be made to a section or provision of the 
     National Wildlife Refuge System Administration Act of 1966 
     (16 U.S.C. 668dd et seq.).

     SEC. 2. FINDINGS.

       (a) Findings.--The Congress finds the following:
       (1) The National Wildlife Refuge System is comprised of 
     over 91,000,000 acres of Federal lands that have been 
     incorporated within 508 individual units located in all 50 
     States and our territories.
       (2) The System was created to conserve fish, wildlife, and 
     other habitats and this conservation mission has been 
     facilitated by providing Americans opportunities to 
     participate in wildlife-dependent recreation, including 
     fishing and hunting, on System lands and to better appreciate 
     the value of and need for fish and wildlife conservation.
       (3) The System is comprised of lands purchased not only 
     through the use of tax dollars but also through the sale of 
     Duck Stamps and refuge entrance fees. It is a System paid for 
     by those utilizing it.
       (4) On March 25, 1996, the President issued Executive Order 
     12996 which recognized ``wildlife-dependent recreational 
     activities involving hunting, fishing, wildlife observation 
     and photography, and environmental education and 
     interpretation as priority general public uses of the Refuge 
     System''.
       (5) Executive Order 12996 is a positive step in the right 
     direction and will serve as the foundation for the permanent 
     statutory changes made by this Act.

     SEC. 3. DEFINITIONS.

       (a) In General.--Section 5 (16 U.S.C. 668ee)--
       (1) is redesignated as section 4; and
       (2) as so redesignated is amended to read as follows:

     ``SEC. 4. DEFINITIONS.

       ``For purposes of this Act:
       ``(1) The term `compatible use' means a use that will not 
     materially interfere with or detract from the fulfillment of 
     the purposes of a refuge or the purposes of the System 
     specified in section 4(a)(3), as determined by sound resource 
     management, and based on reliable scientific information.
       ``(2) The terms `conserving', `conservation', `manage', 
     `managing', and `management', when used with respect to fish 
     and wildlife, mean to use, in accordance with applicable 
     Federal and State laws, methods and procedures associated 
     with modern scientific resource programs including 
     protection, research, census, law enforcement, habitat 
     management, propagation, live trapping and transplantation, 
     and regulated taking.
       ``(3) The term `Coordination Area' means a wildlife 
     management area that is acquired by the Federal Government 
     and subsequently made available to a State--
       ``(A) by cooperative agreement between the United States 
     Fish and Wildlife Service and the State fish and game agency 
     pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 
     661-666c); or
       ``(B) by long-term leases or agreements pursuant to the 
     Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 U.S.C. 1010 
     et seq.).
       ``(4) The term `Director' means the Director of the United 
     States Fish and Wildlife Service.
       ``(5) The terms `fish', `wildlife', and `fish and wildlife' 
     mean any wild member of the animal kingdom whether alive or 
     dead, and regardless of whether the member was bred, hatched, 
     or born in captivity, including a part, product, egg, or 
     offspring of the member.

[[Page H3490]]

       ``(6) The term `hunt' and `hunting' do not include any 
     taking of the American alligator (Alligator mississippiensis) 
     or its eggs.
       ``(7) The term `person' means any individual, partnership, 
     corporation or association.
       ``(8) The term `plant' means any member of the plant 
     kingdom in a wild, unconfined state, including any plant 
     community, seed, root, or other part of a plant.
       ``(9) The terms `purposes of the refuge' and `purposes of 
     each refuge' mean the purposes specified in or derived from 
     the law, proclamation, executive order, agreement, public 
     land order, donation document, or administrative memorandum 
     establishing, authorizing, or expanding a refuge, refuge 
     unit, or refuge subunit.
       ``(10) The term `refuge' means a designated area of land, 
     water, or an interest in land or water within the System, but 
     does not include navigational servitudes, or Coordination 
     Areas.
       ``(11) The term `Secretary' means the Secretary of the 
     Interior.
       ``(12) The terms `State' and `United States' mean the 
     several States of the United States, Puerto Rico, American 
     Samoa, the Virgin Islands, Guam, and the insular possessions 
     of the United States.
       ``(13) The term `System' means the National Wildlife Refuge 
     System designated under section 4(a)(1).
       ``(14) The terms `take', `taking', or `taken' mean to 
     pursue, hunt, shoot, capture, collect, or kill, or to attempt 
     to pursue, hunt, shoot, capture, collect, or kill.''.
       (b) Conforming Amendment.--Section 4 (16 U.S.C. 668dd) is 
     amended by striking ``Secretary of the Interior'' each place 
     it appears and inserting ``Secretary''.

     SEC. 4. MISSION AND PURPOSES OF THE SYSTEM.

       Section 4(a) (16 U.S.C. 668dd(a)) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (5) and (6), respectively;
       (2) in clause (i) of paragraph (6) (as so redesignated), by 
     striking ``paragraph (2)'' and inserting ``paragraph (5)''; 
     and
       (3) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) The overall mission of the System is to conserve and 
     manage fish, wildlife, and plants and their habitats within 
     the System for the benefit of present and future generations 
     of the people of the United States.
       ``(3) The purposes of the System are--
       ``(A) to provide a national network of lands and waters 
     designed to conserve and manage fish, wildlife, and plants 
     and their habitats;
       ``(B) to conserve, manage, and where appropriate restore 
     fish and wildlife populations, plant communities, and refuge 
     habitats within the System;
       ``(C) to conserve and manage migratory birds, anadromous or 
     interjurisdictional fish species, and marine mammals within 
     the System;
       ``(D) to provide opportunities for compatible uses of 
     refuges consisting of fish- and wildlife-dependent 
     recreation, including fishing and hunting, wildlife 
     observation, and environmental education;
       ``(E) to preserve, restore, and recover fish, wildlife, and 
     plants within the System that are listed or are candidates 
     for threatened species or endangered species under section 4 
     of the Endangered Species Act of 1973 (16 U.S.C. 1533) and 
     the habitats on which these species depend; and
       ``(F) to fulfill as appropriate international treaty 
     obligations of the United States with respect to fish, 
     wildlife, and plants, and their habitats.''.

     SEC. 5. ADMINISTRATION OF THE SYSTEM.

       (a) Administration, Generally.--Section 4(a) (16 U.S.C. 
     668dd(a)) (as amended by section 3 of this Act) is further 
     amended by inserting after new paragraph (3) the following 
     new paragraph:
       ``(4) In administering the System, the Secretary shall--
       ``(A) ensure that the mission and purposes of the System 
     described in paragraphs (2) and (3), respectively, and the 
     purposes of each refuge are carried out, except that if a 
     conflict exists between the purposes of a refuge and any 
     purpose of the System, the conflict shall be resolved in a 
     manner that first protects the purposes of the refuge, and, 
     to the extent practicable, that also achieves the purposes of 
     the System;
       ``(B) provide for conservation of fish and wildlife and 
     their habitats within the System;
       ``(C) ensure effective coordination, interaction, and 
     cooperation with owners of land adjoining refuges and the 
     fish and wildlife agency of the States in which the units of 
     the System are located;
       ``(D) assist in the maintenance of adequate water quantity 
     and water quality to fulfill the purposes of the System and 
     the purposes of each refuge;
       ``(E) acquire under State law through purchase, exchange, 
     or donation water rights that are needed for refuge purposes;
       ``(F) plan, propose, and direct appropriate expansion of 
     the System in the manner that is best designed to accomplish 
     the purposes of the System and the purposes of each refuge 
     and to complement efforts of States and other Federal 
     agencies to conserve fish and wildlife and their habitats;
       ``(G) recognize compatible uses of refuges consisting of 
     wildlife-dependent recreational activities involving hunting, 
     fishing, wildlife observation and photography, and 
     environmental education and interpretation as priority 
     general public uses of the System through which the American 
     public can develop an appreciation for fish and wildlife;
       ``(H) provide expanded opportunities for these priority 
     public uses within the System when they are compatible and 
     consistent with sound principles of fish and wildlife 
     management;
       ``(I) ensure that such priority public uses receive 
     enhanced attention in planning and management within the 
     System;
       ``(J) provide increased opportunities for families to 
     experience wildlife-dependent recreation, particularly 
     opportunities for parents and their children to safely engage 
     in traditional outdoor activities, such as fishing and 
     hunting;
       ``(K) ensure that the biological integrity and 
     environmental health of the System is maintained for the 
     benefit of present and future generations of Americans;
       ``(L) continue, consistent with existing laws and 
     interagency agreements, authorized or permitted uses of units 
     of the System by other Federal agencies, including those 
     necessary to facilitate military preparedness;
       ``(M) plan and direct the continued growth of the System in 
     a manner that is best designed to accomplish the mission of 
     the System, to contribute to the conservation of the 
     ecosystems of the United States, and to increase support for 
     the System and participation from conservation partners and 
     the public;
       ``(N) ensure timely and effective cooperation and 
     collaboration with Federal agencies and State fish and 
     wildlife agencies during the course of acquiring and managing 
     refuges;
       ``(O) ensure appropriate public involvement opportunities 
     will be provided in conjunction with refuge planning and 
     management activities; and
       ``(P) identify, prior to acquisition, existing wildlife-
     dependent compatible uses of new refuge lands that shall be 
     permitted to continue on an interim basis pending completion 
     of comprehensive planning.''.
       (b) Powers.--Section 4(b) (16 U.S.C. 668dd(b)) is amended--
       (1) in the matter preceding paragraph (1) by striking 
     ``authorized--'' and inserting ``authorized to take the 
     following actions:'';
       (2) in paragraph (1) by striking ``to enter'' and inserting 
     ``Enter'';
       (3) in paragraph (2)--
       (A) by striking ``to accept'' and inserting ``Accept''; and
       (B) by striking ``, and'' and inserting a period;
       (4) in paragraph (3) by striking ``to acquire'' and 
     inserting ``Acquire''; and
       (5) by adding at the end the following new paragraph:
       ``(4) Subject to standards established by and the overall 
     management oversight of the Director, and consistent with 
     standards established by this Act, enter into cooperative 
     agreements with State fish and wildlife agencies and other 
     entities for the management of programs on, or parts of, a 
     refuge.''.

     SEC. 6. COMPATIBILITY STANDARDS AND PROCEDURES.

       Section 4(d) (16 U.S.C. 668dd(d)) is amended by adding at 
     the end the following new paragraph:
       ``(3)(A)(i) Except as provided in clause (ii), on and after 
     the date that is 3 years after the date of the enactment of 
     the National Wildlife Refuge Improvement Act of 1996, the 
     Secretary shall not initiate or permit a new use of a refuge 
     or expand, renew, or extend an existing use of a refuge, 
     unless the Secretary has determined that the use is a 
     compatible use.
       ``(ii) On lands added to the System after the date of the 
     enactment of the National Wildlife Refuge Improvement Act of 
     1996, any existing fish or wildlife-dependent use of a 
     refuge, including fishing, hunting, wildlife observation, and 
     environmental education, shall be permitted to continue on an 
     interim basis unless the Secretary determines that the use is 
     not a compatible use.
       ``(iii) The Secretary shall permit fishing and hunting on a 
     refuge if the Secretary determines that the activities are 
     consistent with the principles of sound fish and wildlife 
     management, are compatible uses, and are consistent with 
     public safety. No other determinations or findings, except 
     the determination of consistency with State laws and 
     regulations provided for in subsection (m), are required to 
     be made for fishing and hunting to occur. The Secretary may 
     make the determination referred to in this paragraph for a 
     refuge concurrently with the development of a conservation 
     plan for the refuge under subsection (e).
       ``(B) Not later than 24 months after the date of the 
     enactment of the National Wildlife Refuge Improvement Act of 
     1996, the Secretary shall issue final regulations 
     establishing the process for determining under subparagraph 
     (A) whether a use is a compatible use, that--
       ``(i) designate the refuge officer responsible for making 
     initial compatibility determinations;
       ``(ii) require an estimate of the timeframe, location, 
     manner, and purpose of each use;
       ``(iii) identify the effects of each use on refuge 
     resources and purposes of each refuge;
       ``(iv) require that compatibility determinations be made in 
     writing and consider the best professional judgment of the 
     refuge officer designated under clause (i);
       ``(v) provide for the expedited consideration of uses that 
     will likely have no detrimental effect on the fulfillment of 
     the purposes of a refuge or the purposes of the System 
     specified in subsection (a)(3);

[[Page H3491]]

       ``(vi) provide for the elimination or modification of any 
     use as expeditiously as practicable after a determination is 
     made that the use is not a compatible use;
       ``(vii) require, after an opportunity for public comment, 
     reevaluation of each existing use, other than those uses 
     specified in clause (viii), when conditions under which the 
     use is permitted change significantly or when there is 
     significant new information regarding the effects of the use, 
     but not less frequently than once every 10 years, to ensure 
     that the use remains a compatible use;
       ``(viii) require after an opportunity for public comment 
     reevaluation of each fish and wildlife-dependent recreational 
     use when conditions under which the use is permitted change 
     significantly or when there is significant new information 
     regarding the effects of the use, but not less frequently 
     than in conjunction with each preparation or revision of a 
     conservation plan under subsection (e) or at least every 15 
     years;
       ``(ix) provide an opportunity for public review and comment 
     on each evaluation of a use, unless an opportunity for public 
     review and comment on the evaluation of the use has already 
     been provided during the development or revision of a 
     conservation plan for the refuge under subsection (e) or has 
     otherwise been provided during routine, periodic 
     determinations of compatibility for fish- and wildlife-
     dependent recreational uses; and
       ``(x) provide that when managed in accordance with 
     principles of sound fish and wildlife management, fishing, 
     hunting, wildlife observation, and environmental education in 
     a refuge are generally compatible uses.
       ``(4) The provisions of this Act relating to determinations 
     of the compatibility of a use shall not apply to--
       ``(A) overflights above a refuge; and
       ``(B) activities authorized, funded, or conducted by a 
     Federal agency (other than the United States Fish and 
     Wildlife Service) which has primary jurisdiction over the 
     refuge or a portion of the refuge, if the management of those 
     activities is in accordance with a memorandum of 
     understanding between the Secretary or the Director and the 
     head of the Federal agency with primary jurisdiction over the 
     refuge governing the use of the refuge.
       ``(5) Overflights above a refuge may be governed by any 
     memorandum of understanding entered into by the Secretary 
     that applies to the refuge.''.

     SEC. 7. REFUGE CONSERVATION PLANNING PROGRAM.

       (a) In General.--Section 4 (16 U.S.C. 668dd) is amended--
       (1) by redesignating subsections (e) through (i) as 
     subsections (f) through (j), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e)(1)(A) Except with respect to refuge lands in Alaska 
     (which shall be governed by the refuge planning provisions of 
     the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3101 et seq.)), the Secretary shall--
       ``(i) propose a comprehensive conservation plan for each 
     refuge or related complex of refuges (referred to in this 
     subsection as a `planning unit') in the System;
       ``(ii) publish a notice of opportunity for public comment 
     in the Federal Register on each proposed conservation plan;
       ``(iii) issue a final conservation plan for each planning 
     unit consistent with the provisions of this Act and, to the 
     extent practicable, consistent with fish and wildlife 
     conservation plans of the State in which the refuge is 
     located; and
       ``(iv) not less frequently than 15 years after the date of 
     issuance of a conservation plan under clause (iii) and every 
     15 years thereafter, revise the conservation plan as may be 
     necessary.
       ``(B) The Secretary shall prepare a comprehensive 
     conservation plan under this subsection for each refuge 
     within 15 years after the date of enactment of the National 
     Wildlife Refuge Improvement Act of 1996.
       ``(C) The Secretary shall manage each refuge or planning 
     unit under plans in effect on the date of enactment of the 
     National Wildlife Refuge Improvement Act of 1996, to the 
     extent such plans are consistent with this Act, until such 
     plans are revised or superseded by new comprehensive 
     conservation plans issued under this subsection.
       ``(D) Uses or activities consistent with this Act may occur 
     on any refuge or planning unit before existing plans are 
     revised or new comprehensive conservation plans are issued 
     under this subsection.
       ``(E) Upon completion of a comprehensive conservation plan 
     under this subsection for a refuge or planning unit, the 
     Secretary shall manage the refuge or planning unit in a 
     manner consistent with the plan and shall revise the plan at 
     any time if the Secretary determines that conditions that 
     affect the refuge or planning unit have changed 
     significantly.
       ``(2) In developing each comprehensive conservation plan 
     under this subsection for a planning unit, the Secretary, 
     acting through the Director, shall identify and describe--
       ``(A) the purposes of each refuge comprising the planning 
     unit and the purposes of the System applicable to those 
     refuges;
       ``(B) the distribution, migration patterns, and abundance 
     of fish, wildlife, and plant populations and related habitats 
     within the planning unit;
       ``(C) the archaeological and cultural values of the 
     planning unit;
       ``(D) such areas within the planning unit that are suitable 
     for use as administrative sites or visitor facilities;
       ``(E) significant problems that may adversely affect the 
     populations and habitats of fish, wildlife, and plants within 
     the planning unit and the actions necessary to correct or 
     mitigate such problems; and
       ``(F) the opportunities for fish- and wildlife-dependent 
     recreation, including fishing and hunting, wildlife 
     observation, environmental education, interpretation of the 
     resources and values of the planning unit, and other uses 
     that may contribute to refuge management.
       ``(3) In preparing each comprehensive conservation plan 
     under this subsection, and any revision to such a plan, the 
     Secretary, acting through the Director, shall, to the maximum 
     extent practicable and consistent with this Act--
       ``(A) consult with adjoining Federal, State, local, and 
     private landowners and affected State conservation agencies; 
     and
       ``(B) coordinate the development of the conservation plan 
     or revision of the plan with relevant State conservation 
     plans for fish and wildlife and their habitats.
       ``(4)(A) In accordance with subparagraph (B), the Secretary 
     shall develop and implement a process to ensure an 
     opportunity for active public involvement in the preparation 
     and revision of comprehensive conservation plans under this 
     subsection. At a minimum, the Secretary shall require that 
     publication of any final plan shall include a summary of the 
     comments made by States, adjacent or potentially affected 
     landowners, local governments, and any other affected 
     parties, together with a statement of the disposition of 
     concerns expressed in those comments.
       ``(B) Prior to the adoption of each comprehensive 
     conservation plan under this subsection, the Secretary shall 
     issue public notice of the draft proposed plan, make copies 
     of the plan available at the affected field and regional 
     offices of the United States Fish and Wildlife Service, and 
     provide opportunity for public comment.''.

     SEC. 8. EMERGENCY POWER; PRESIDENTIAL EXEMPTION; STATE 
                   AUTHORITY; WATER RIGHTS; COORDINATION.

       (a) In General.--Section 4 (16 U.S.C. 668dd) is further 
     amended by adding at the end the following new subsections:
       ``(k) Notwithstanding any other provision of this Act the 
     Secretary may temporarily suspend, allow, or initiate any 
     activity in a refuge in the System in the event of any 
     emergency that constitutes an imminent danger to the health 
     and safety of the public or any fish or wildlife population, 
     including any activity to control or eradicate sea lampreys, 
     zebra mussels, or any other aquatic nuisance species (as that 
     term is defined in section 1003 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
     4702)).
       ``(l)(1) The President may exempt from any provision of 
     this Act any activity conducted by the Department of Defense 
     on a refuge within the System if the President finds that--
       ``(A) the activity is in the paramount interest of the 
     United States for reasons of national security; and
       ``(B) there is no feasible and prudent alternative location 
     on public lands for the activity.
       ``(2) After the President authorizes an exemption under 
     paragraph (1), the Secretary of Defense shall undertake, with 
     the concurrence of the Secretary of the Interior, appropriate 
     steps to mitigate the effect of the exempted activity on the 
     refuge.
       ``(m) Nothing in this Act shall be construed to authorize 
     the Secretary to control or regulate hunting or fishing of 
     fish and resident wildlife on lands or waters not within the 
     System.
       ``(n) Nothing in this Act shall be construed as affecting 
     the authority, jurisdiction, or responsibility of the several 
     States to manage, control, or regulate fish and resident 
     wildlife under State law or regulations in any area within 
     the System. Regulations permitting hunting or fishing of fish 
     and resident wildlife within the System shall be, to the 
     extent practicable, consistent with State fish and wildlife 
     laws, regulations, or management plans.
       ``(o)(1) Nothing in this Act shall--
       ``(A) create a reserved water right, express or implied, in 
     the United States for any purpose;
       ``(B) affect any water right in existence on the date of 
     enactment of the National Wildlife Refuge Improvement Act of 
     1996; or
       ``(C) affect any Federal or State law in existence on the 
     date of the enactment of the National Wildlife Refuge 
     Improvement Act of 1996 regarding water quality or water 
     quantity.
       ``(2) Nothing in this Act shall diminish or affect the 
     ability to join the United States in the adjudication of 
     rights to the use of water pursuant to the McCarran Act (43 
     U.S.C. 666).
       ``(p) Coordination with State fish and wildlife agency 
     personnel or with personnel of other affected State agencies 
     pursuant to this Act shall not be subject to the Federal 
     Advisory Committee Act.''.
       (b) Conforming Amendment.--Section 4(c) (16 U.S.C. 
     668dd(c)) is amended by striking the last sentence.

     SEC. 9. STATUTORY CONSTRUCTION.

       Nothing in this Act is intended to affect--
       (1) the provisions for subsistence uses in Alaska set forth 
     in the Alaska National Interest Lands Conservation Act 
     (Public Law 96-487), including those in titles III and VIII 
     of that Act;
       (2) the provisions of section 102 of the Alaska National 
     Interest Lands Conservation

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     Act, the jurisdiction over subsistence uses in Alaska, or any 
     assertion of subsistence uses in the Federal courts; and
       (3) the manner in which section 810 of the Alaska National 
     Interest Lands Conservation Act is implemented in refuges in 
     Alaska, and the determination of compatible use as it relates 
     to subsistence uses in these refuges.

     SEC. 10. NEW REFUGES.

       Notwithstanding any other provision of law, no funds may be 
     expended from the Land and Water Conservation Fund 
     established by Public Law 88-578, for the creation of a new 
     refuge within the National Wildlife Refuge System without 
     specific authorization from Congress pursuant to 
     recommendation from the United States Fish and Wildlife 
     Service, to create that new refuge.

     SEC. 11. REORGANIZATIONAL TECHNICAL AMENDMENTS.

       (a) Reorganizational Amendments.--The Act of October 15, 
     1966 (16 U.S.C. 668dd et seq.) is amended--
       (1) by adding before section 4 the following new section:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `National Wildlife Refuge 
     System Administration Act of 1966'.'';
       (2) by striking sections 6, 7, 8, 9, and 10; and
       (3) in section 4 (16 U.S.C. 668dd), as in effect 
     immediately before the enactment of this Act--
       (A) by redesignating that section as section 2;
       (B) by striking ``Sec. 4.''; and
       (C) by inserting before and immediately above the text of 
     the section the following new heading:

     ``SEC. 4. NATIONAL WILDLIFE REFUGE SYSTEM.''.

       (b) Conforming Amendment.--Section 12(f) of the Act of 
     December 5, 1969 (83 Stat. 283) is repealed.
       (c) References.--Any reference in any law, regulation, or 
     other document of the United States to section 4 of the 
     National Wildlife Refuge System Administration Act of 1966 is 
     deemed to refer to section 2 of that Act, as redesignated by 
     subsection (a)(4) of this section.