[Congressional Record Volume 143, Number 119 (Wednesday, September 10, 1997)]
[Senate]
[Pages S9092-S9096]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF 1966

  Mr. GORTON. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H.R. 1420, which was received 
from the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 1420) to amend the National Wildlife Refuge 
     System Administration Act of 1966, to improve the management 
     of the National Wildlife Refuge System.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill.


                           Amendment No. 1129

                     (Purpose: To improve the bill)

  Mr. GORTON. Mr. President, I send an amendment to the desk on behalf 
of Senator Chafee and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Washington [Mr. Gorton], for Mr. Chafee, 
     for himself, Mr. Graham, and Mr. Kempthorne, proposes an 
     amendment numbered 1129.

  Mr. GORTON. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       On page 4, line 11, insert ``wildlife-dependent 
     recreational use or any other'' after ``means a''.
       On page 11, line 19, strike ``and''.
       On page 11, strike lines 22 and 23 and insert the 
     following:
     fish and wildlife agencies during the course of acquiring and 
     managing refuges; and
       ``(N) monitor the status and trends of fish, wildlife, and 
     plants in each refuge.''.
       On page 15, line 8, before the semicolon, insert the 
     following: ``, except that, in the case of any use authorized 
     for a period longer than 10 years (such as an electric 
     utility right-of-way), the reevaluation required by this 
     clause shall examine compliance with the terms and conditions 
     of the authorization, not examine the authorization itself''.

  Mr. CHAFEE. Mr. President, I have introduced this amendment to H.R. 
1420, the National Wildlife Refuge System Improvement Act of 1997 on 
behalf of myself, Senator Kempthorne, and Senator Graham. This bill 
recently passed the House by the remarkable vote of 407 to 1.
  Last week, I, along with Senators Kempthorne and Graham, introduced 
S. 1059 as a companion bill, and on July 30, the Committee on 
Environment and Public Works held a hearing to solicit views on this 
bill from the Secretary of the Interior, among others. The hearing was 
very productive, and reaffirmed the widespread support that exists for 
this legislation. The amendment that I am offering includes narrow, but 
important, changes to the House version that clarify several 
provisions, and that have been agreed to by the administration, the 
House Resources Committee, and the stakeholders involved in the earlier 
negotiations.
  This legislation is long overdue and very much needed. The National 
Wildlife Refuge System was started in 1903 by President Theodore 
Roosevelt, with the establishment of the first refuge on Pelican Island 
in Florida. It has since evolved into a system of Federal lands 
consisting of 509 refuges in 50 States, covering 92 million acres, for 
the conservation of fish, wildlife, and plants. Despite 60 years of 
growth, however the refuge system remained without a law governing its 
administration until 1966, when Congress passed the National Wildlife 
Refuge System Administration Act. Even now, almost a century later, 
there is no law that identifies a mission or articulates guidance for 
refuge management.
  For several years, both sides of the aisle and both sides of the 
Capitol have attempted to enact legislation to rectify this situation. 
The President has also taken administrative steps for improving refuge 
management with an Executive order issued in March 1996. Earlier this 
year, after a month of negotiations among a broad range of 
stakeholders, the House passed H.R. 1420, which was then referred to 
the Senate.
  After discussions here in the Senate, we have this amendment that 
makes narrow but important changes to H.R. 1420, and that clarifies the 
intent expressed by the House in the report of the Committee on 
Resources and in deliberation on the floor. The first two provisions of 
the amendment were

[[Page S9093]]

changes included in S. 1059. This amendment clarifies that compatible 
uses can be both wildlife-dependent and other uses. The allowance of 
compatible uses has become the cornerstone of the refuge system, 
balancing the needs of the fish, wildlife, and plants for which the 
refuge was established, with our own ability to use and enjoy the 
refuge for a wide range of activities. Two points should be emphasized, 
however. First, while this legislation establishes that wildlife-
dependent recreational uses are to be given priority, any use may be 
authorized by the refuge manager provided that it is compatible with 
both the mission of the system and the purpose of the refuge. These are 
two separate principles contained in the bill. Second, that all uses 
are required to be compatible in order to be allowed does not mean that 
all compatible uses are required to be allowed. The longstanding policy 
of the Fish and Wildlife Service that a refuge is ``closed until open'' 
is not altered by this legislation, although wildlife-dependent uses 
may be approved on an interim basis pending completion of the 
conservation plan for any land added to the system after March 25, 
1996.

  The amendment requires that the Secretary provide for monitoring of 
the status and trends of fish, wildlife, and plants on refuges. While 
this provision seems somewhat obvious, monitoring is often one of the 
first casualties of budgetary constraints. In addition, given some of 
the past problems with secondary uses on refuges, monitoring will be 
very important in measuring the success of the recent administrative 
and legislative changes that we are now undertaking. Lastly, monitoring 
will ensure that our scientific knowledge regarding wildlife and 
natural resources continues to grow.
  The amendment clarifies the legislative intent regarding the periodic 
reevaluation on longterm secondary uses, such as electric utility 
rights-of-way. The bill requires that nonwildife dependent uses be 
reevaluated no less than every 10 years. Some rights-of-way are 
authorized for longer periods of time, and concern has been expressed 
that this reevaluation, together with the requirement that incompatible 
uses be eliminated or modified, may threaten the very existence of the 
rights-of-way. For uses that are authorized for periods of longer than 
10 years, this amendment limits the review to compliance with the terms 
and conditions under which the authorization is made, and not to the 
authorization itself.
  Numerous individuals in both the Senate and the House, as well as in 
the administration, deserve praise for their persevering efforts over 
the years in seeking to improve the refuge system, and for their 
involvement on this bill. On the Senate side, I would like to thank 
Senators Kempthorne and Graham for their support on this amendment. I 
would also like to thank Senators Murkowski and Allard for their 
understanding on issues relating to rights-of-way and water rights on 
which they have expressed concern.
  With this amendment, I urge my colleagues to vote in support of H.R. 
1420.
  Mr. KEMPTHORNE. Mr. President, I am pleased today to recommend to the 
Senate passage of the National Wildlife Refuge System Improvement Act 
with a Kempthorne-Graham amendment. The passage of this bill represents 
a victory for many who are concerned with the hundreds of wildlife 
refuges across the United States and the multiple uses that they 
support.
  The bill, which was negotiated between Chairman Don Young of the 
Natural Resources Committee and Secretary of the Interior Bruce 
Babbitt, is another example of how positive change for the benefit of 
our environment can be achieved when we make a sincere effort to work 
together to reach consensus.
  The original House bill, H.R. 1420, came to the Senate after an 
overwhelming vote in the House. The bill was referred, in the normal 
course, to my subcommittee in the Environment and Public Works 
Committee. Now, there are some who wanted me to just let the House bill 
go without further review in the Senate. But if I have learned anything 
from Senator Byrd over the years, I have learned that I would be 
ignoring the responsibility and indeed constitutional duty of the 
Senate if I simply signed off on such important legislation without 
considering it carefully.
  The time that we spent to review the House bill was well worth it. We 
discovered an internal ambiguity in the bill which could have been 
taken advantage of by those who might want to eliminate many legitimate 
uses of wildlife refuges. My concern was that the bill's exclusive 
focus on so-called wildlife-dependent activities might be interpreted 
down the road as a signal that Congress intended only for these kinds 
of activities to qualify as potentially compatible activities on 
Federal wildlife refuges and that the many other uses of refuges that 
can now be authorized if they are compatible with the purposes of a 
refuge would be left out.
  That would indeed be a significant problem. Under the law now, our 
national wildlife refuges support many uses, including wildlife-
dependent uses such as hunting and fishing, but also important 
nonwildlife-dependent uses, like grazing, oil and gas production, 
electricity transmission, and even family picnics and weddings.
  Under the House bill, any one of these activities arguably could have 
been eliminated on Federal refuges simply because they are not 
wildlife-dependent activities.
  In my home State of Idaho, for example, ranchers who were once 
promised that they would retain the right to graze their cattle on the 
Gray's Lake Refuge might have lost that right because an individual 
refuge manager, already hostile to grazing, interpreted the House 
language to preclude grazing as a compatible use. This is an important 
issue for my State because grazing occurs in four of the six Idaho 
refuges.
  On the Mississippi Sandhill Crane Refuge, grazing could have been 
curtailed even though the refuge manager there recognizes the value of 
grazing to improve the habitat for the crane.
  This amendment will ensure that livestock grazing can continue to be 
considered to be a compatible use on a wildlife refuge.
  But this amendment was not intended to address only grazing. Other 
legitimate and compatible uses on wildlife refuges could have been 
affected. Important activities associated with oil and gas development 
and the transmission of electricity to our homes and businesses could 
have been curtailed and even eliminated. From the 300 oil and gas wells 
at the Upper Ouachita Wildlife Refuge to the three wells in the 
Kirtland Warbler Management Area, all could have been shut down if this 
ambiguity had been exploited. With my amendment, all of these 
activities will be allowed to continue, provided that they are 
compatible with the purposes of the refuge.
  I ask unanimous consent to have printed in the Record two lists of 
wildlife refuges that currently support grazing and oil and gas 
production. All of these activities, as well as other legitimate and 
compatible uses, could have been eliminated had we not addressed this 
ambiguity in this amendment. These lists include wildlife refuges in 35 
States.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

              NATIONAL WILDLIFE REFUGES PERMITTING GRAZING              
                           [As of July, 1995]                           
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
1  CA..............................  Bitter Creek NWR                   
1  CA..............................  Clear Lake NWR                     
1  CA..............................  Humboldt Bay NWR                   
1  CA..............................  Kern NWR                           
1  CA..............................  Merced NWR                         
1  CA..............................  Modoc NWR                          
1  CA..............................  Pixley NWR                         
1  CA..............................  Sacramento River NWR               
1  CA, OR..........................  Lower Klamath NWR                  
1  CA, OR..........................  Lower Klamath NWR                  
1  HI..............................  Hakalau Forest NWR                 
1  HI..............................  Hanalei NWR                        
1  HI..............................  Huleia NWR                         
1  ID..............................  Bear Lake NWR                      
1  ID..............................  Grays Lake NWR                     
1  ID..............................  Minidoka NWR                       
1  ID, OR..........................  Deer Flat NWR                      
1  No data match...................  Arena Plains NWR                   
1  NV..............................  Fallon NWR                         
1  NV..............................  Pahranagal NWR                     
1  NV..............................  Ruby Lake NWR                      
1  NV..............................  Stillwater NWR                     
1  OR..............................  Klamath Forest NWR                 
1  OR..............................  Nestucca Bay NWR                   
1  OR..............................  Upper Klamath NWR                  
1  OR..............................  William L. Finley NWR              
1  OR, WA..........................  Julia Butler Hansen Refuge for the 
                                      Columbian White-tail Deer         
1  WA..............................  Columbia NWR                       
1  WA..............................  Franz Lake NWR                     
1  WA..............................  Pierce NWR                         
1  WA..............................  Ridgefield NWR                     
1  WA..............................  Steigerwald Lake NWR               
1  WA..............................  Willapa NWR                        
2  NM..............................  Las Vegas NWR                      
2  OK..............................  Salt Plains NWR                    
2  OK..............................  Wichita Mountains Wildlife Refuge  
2  TX..............................  Anahuac NWR                        
2  TX..............................  Aransas NWR                        
2  TX..............................  Attwater Prairie Chicken NWR       
2  TX..............................  Balcones Canyonlands NWR           
2  TX..............................  Brazoria NWR                       

[[Page S9094]]

                                                                        
2  TX..............................  Buffalo Lake NWR                   
2  TX..............................  Hagerman NWR                       
2  TX..............................  McFaddin NWR                       
2  TX..............................  Moody NWR                          
2  TX..............................  Muleshoe NWR                       
2  TX..............................  San Bernard NWR                    
2  TX..............................  Texas Point NWR                    
3  IA..............................  Walnut Creek NWR                   
3  IA, IL, MN, WI..................  Upper Mississippi River Wildlife   
                                      and Fish Refuge                   
3  MN..............................  Big Stone NWR                      
3  MN..............................  Detroit Lakes WMD                  
3  MN..............................  Hamden Slough NWR                  
3  MN..............................  Litchfield WMD                     
3  MN..............................  Morris WMD                         
3  MN..............................  Windom WMD                         
3  MO..............................  Mingo NWR                          
3  WI..............................  Leopold WMD                        
4  AL..............................  Choctaw NWR                        
4  AL..............................  Wheeler NWR                        
4  AR..............................  Holla Bend NWR                     
4  AR..............................  Logan Cave NWR                     
4  FL..............................  St. Johns NWR                      
4  LA..............................  Sabine NWR                         
4  MS..............................  Mississippi Sandhill Crane NWR     
5  MD, VA..........................  Chincoteague NWR                   
5  ME..............................  Moosehorn NWR                      
5  NJ, NY..........................  Wallkill River NWR                 
5  NY..............................  Iroquois NWR                       
6  CO..............................  Alamosa NWR                        
6  CO..............................  Arapaho NWR                        
6  CO..............................  Browns Park NWR                    
6  KS..............................  Kirwin NWR                         
6  KS..............................  Quivira NWR                        
6  MT..............................  Benton Lake WMD                    
6  MT..............................  Charles M. Russell NWR             
6  MT..............................  Lake Mason NWR                     
6  MT..............................  Medicine Lake NWR                  
6  MT..............................  Medicine Lake WMD                  
6  MT..............................  NWMT F & W Complex WMD             
6  MT..............................  Red Rock Lakes NWR                 
6  MT..............................  Ul Bend NWR                        
6  MT..............................  War Horse NWR                      
6  ND..............................  Arrowwood NWR                      
6  ND..............................  Arrowwood WMD                      
6  ND..............................  Audubon WMD                        
6  ND..............................  Crosby WMD                         
6  ND..............................  Des Lacs NWR                       
6  ND..............................  Devils Lake WMD                    
6  ND..............................  Florence Lake NWR                  
6  ND..............................  J. Clark Salyer NWR                
6  ND..............................  J. Clark Salyer WMD                
6  ND..............................  Kulm WMD                           
6  ND..............................  Lake Alice NWR                     
6  ND..............................  Lake Ilo NWR                       
6  ND..............................  Lake Nettie NWR                    
6  ND..............................  Lake Zahl NWR                      
6  ND..............................  Long Lake NWR                      
6  ND..............................  Long Lake WMD                      
6  ND..............................  Lostwood NWR                       
6  ND..............................  Lostwood WMD                       
6  ND..............................  McLean NWR                         
6  ND..............................  Shell Lake NWR                     
6  ND..............................  Slade NWR                          
6  ND..............................  Stewart Lake NWR                   
6  ND..............................  Tewaukon NWR                       
6  ND..............................  Tewaukon WMD                       
6  ND..............................  Upper Souris NWR                   
6  ND..............................  Valley City WMD                    
6  ND..............................  White Lake NWR                     
6  NE..............................  Rainwater Basin WMD                
6  NE..............................  Valentine NWR                      
6  NE, SD..........................  Karl E. Mundt NWR                  
6  SD..............................  Huron WMD                          
6  SD..............................  Lacreek NWR                        
6  SD..............................  Lake Andes WMD                     
6  SD..............................  Madison WMD                        
6  SD..............................  Pocasse NWR                        
6  SD..............................  Sand Lake WMD                      
6  SD..............................  Waubay NWR                         
6  SD..............................  Waubay WMD                         
6  WY..............................  Hutton Lake NWR                    
6  WY..............................  Mortenson Lake NWR                 
7  AK..............................  Alaska Maritime NWR                
7  AK..............................  Yukon Delta NWR                    
                                                                        
Total Records = 125                                                     
------------------------------------------------------------------------


              RMIS--OIL, GAS, AND MINERAL ACTIVITIES (1996)             
------------------------------------------------------------------------
 Org.                                                                   
 code                  Station                           State          
------------------------------------------------------------------------
 12516 Hakalau Forest NWR                   HI                          
 11670 Hopper Mountain NWR                  CA                          
 14570 Ruby Lake NWR                        NV                          
 14621 Sheldon NWR                          OR                          
 11627 Sacramento River NWR                 CA                          
 11623 Sutter NWR                           CA                          
 11683 Seal Beach NWR                       CA                          
 21520 Anahuac NWR                          TX                          
 21560 Attwater Prairie Chicken NWR         TX                          
 22550 Havasu NWR                           AZ                          
 21580 Hagerman NWR                         TX                          
 22570 Kofa NWR                             AZ                          
 21640 Sequoyah NWR                         OK                          
 21650 Tishomingo NWR                       OK                          
 21593 Trinity River NWR                    TX                          
 21660 Mashita NWR                          OK                          
 21620 Optima NWR                           OK                          
 32640 Big Stone NWR                        MO                          
 31513 Kirtlands Warbler WMA                MI                          
 32525 Leopold WMD                          WI                          
 32588 Litchfield WMD                       MN                          
 32590 Minnesota Valley NWR                 MN                          
 32550 Sherburne NWR                        MN                          
 32579 Upper Mississippi River Wildlife &   WI                          
        Fish Refuge                                                     
 43612 Cameron Prairie NWR                  LA                          
 43535 Choctaw NWR                          AL                          
 43525 Catahoula NWR                        LA                          
 43545 D'Arbonne NWR                        LA                          
 43546 Upper Ouachita NWR                   LA                          
 43570 Felsenthal NWR                       AR                          
 43571 Overflow NWR                         AR                          
 43695 Lake Ophelia NWR                     LA                          
 43610 Lacassine NWR                        LA                          
 42650 Louisiana WMD                        LA                          
 43567 Handy Brake NWR                      LA                          
 43675 Mississippi WMD                      MS                          
 43635 Dahomey NWR                          MS                          
 43640 Sabine NWR                           LA                          
 43556 Breton NWR                           LA                          
 43555 Delta NWR                            LA                          
 43614 Atchafalaya NWR                      LA                          
43558X Big Branch Marsh NWR                 LA                          
 43595 Bayou Sauvage NWR                    LA                          
 43616 Bogue Chitto NWR                     LA                          
 42640 St. Catherine Creek NWR              MS                          
 43690 Tensas River NWR                     LA                          
 42620 Tennessee NWR                        TN                          
 43670 White River NWR                      AR                          
 41625 Savannah NWR                         GA                          
 51660 Ohio River Islands NWR               WV                          
 62554 Audubon WMD                          ND                          
 61510 Benton Lake NWR                      MT                          
 61511 Benton Lake WMD                      MT                          
 61585 Bowdoin WMD                          MT                          
 62560 Crosby WMD                           ND                          
 62570 Des Lacs NWR                         ND                          
 61583 Hewitt Lake NWR                      MT                          
 62620 J. Clark Salyer NWR                  ND                          
 62629 J. Clark Salyer WMD                  ND                          
 61584 Lake Thibadeau NWR                   MT                          
 61530 Medicine Lake NWR                    MT                          
 61532 Medicine Lake WMD                    MT                          
 61544 NW Montana WMD                       MT                          
 65570 Ouray NWR                            UT                          
 61542 Pablo NWR                            MT                          
 64620 Quivira NWR                          KS                          
 62680 Upper Souris NWR                     ND                          
 74500 Alaska Maritime NWR                  AK                          
 74510 Alaska Peninsula NWR                 AK                          
 74520 Izembek NWR                          AK                          
 74525 Kanai NWR                            AK                          
 74540 Yukon Delta NWR                      AK                          
 14560 Deer Flat NWR                        ID                          
------------------------------------------------------------------------

  Mr. KEMPTHORNE. Mr. President, I want to make it clear that I do not 
believe it was the intention of the parties who negotiated this 
agreement to eliminate nonrecreational uses on wildlife refuges. But I 
do believe that we have eliminated a potential legal argument for any 
who might try to use the ambiguity to curtail nonwildlife-dependent 
uses on refuges.
  As amended, I will support this bill. For the first time, it will 
establish hunting and fishing as priority uses of wildlife refuges and 
will ensure that other legitimate and compatible uses can continue in 
the future. Of particular interest and importance to me, to Idaho, and 
to other Western States, is the provision in the bill that provides, 
``Nothing in this act shall create a reserved water right, express or 
implied, in the United States for any purpose.'' I strongly support 
this provision now, as I have in the past.
  I urge the adoption of the bill and the Kempthorne-Graham amendment.
  Mr. GRAHAM. Mr. President, I'm pleased to have the opportunity to 
discuss the National Wildlife Refuge System Improvement Act of 1997. It 
is a long overdue organic act for our magnificent refuge system. In 
1991 and again in 1993, as chairman of the Subcommittee on Fish and 
Wildlife, I introduced the National Wildlife Refuge System Management 
and Policy Act--legislation which was very similar to that which is 
before us today.
  My aims then were straightforward. First, to clarify that the purpose 
of the National Wildlife Refuge System is to conserve our Nation's 
diversity of fish, wildlife, and plants and their habitats. Second, to 
improve the process used to determine which public uses shall be 
allowed on the refuges. Third, to require the development of 
comprehensive conservation plans for each of the refuges and ensure 
that the public has ample opportunity to participate in the planning 
process as it does in planning for our national parks and national 
forests. Fourth, to lay out clear affirmative duties for the Secretary 
of the Interior to protect the integrity and plan for the appropriate 
expansion of the Refuge System.
  My bill had the strong support of conservation groups like the 
Wilderness Society, the National Audubon Society, Defenders of 
Wildlife, and the Sierra Club. Thanks to Senators Chafee, Kempthorne, 
and Baucus, my bill also enjoyed the support of the International 
Association of Fish and Wildlife Agencies along with a variety of 
sportsmen's groups. The Environment and Public Works Committee reported 
that bill in the 103d Congress but unfortunately we were not able to 
bring the bill to the Senate floor because a number of procedural holds 
were placed on the bill.
  In the last Congress, the House introduced and passed a radically 
different bill that would have harmed our Refuge System. President 
Clinton indicated that he would veto the House bill but fortunately, it 
was not acted upon by the Senate.
  The bill before us today is not identical to the bill I introduced in 
prior years. It is not exactly how I would have drafted it, but I am 
very pleased that it addresses the four major areas that I outlined 
above: a mission statement for the system, a formal process to assess 
the compatibility of refuge activities, a planning requirement, and 
duties for the Interior Secretary.
  Of course, even with passage of this bill, the Refuge System will 
only meet its potential to conserve the Nation's fish and wildlife if 
the Congress appropriates the funds necessary for its proper 
management. I am pleased that the House has approved a healthy increase 
for this purpose in its fiscal year 1998 Interior appropriations bill 
and will work to ensure that the Senate does as well. Senator 
Kempthorne and I and 18 of our colleagues have written to the 
Appropriations Committee to urge such funding.


              theodore roosevelt's endangered species act

  Ninety-four years ago, President Theodore Roosevelt established the 
first national wildlife refuge at Pelican Island in my State of 
Florida. This bold move protected the last remaining nesting colony of 
brown pelicans on the

[[Page S9095]]

Atlantic seaboard. But as critical as this action was for the pelicans, 
it had much broader importance for the Nation's wildlife because it 
began our only system of national lands dedicated to wildlife 
conservation.
  Before leaving office, Roosevelt went on to establish more than 50 
such sanctuaries. Herons, egrets, pelicans, and other shorebirds, along 
with all manner of waterfowl found sanctuary on Roosevelt's refuges. 
Large mammals including bison, elk, and antelope were also protected. 
In this sense, the refuge was Roosevelt's Endangered Species Act.
  Refuges continue to be created to meet the most pressing wildlife 
conservation challenges of the day. Refuges have been established for 
endangered fish, birds, mammals, reptiles, frogs, bats, and 
butterflies. In my State we even have the new Lake Wales Ridge Refuge 
established for endangered plants. And while we have many refuges to 
protect endangered species, we know that many other species would be 
headed for the endangered species list were it not for the protections 
afforded by the National Wildlife Refuge System.
  Today the Refuge System includes more than 500 refuges and 92 million 
acres which makes it larger than the National Parks System. Yet in the 
lower 48 States, the Refuge System amounts to less than 4 percent of 
the Federal public lands and less than 1 percent of the total land area 
of those States.
  In Florida we have 25 refuges encompassing more than 1 million acres 
of land and water. These include refuges to protect our manatees, 
Florida panthers, sea turtles, Key deer, crocodiles, and those 
endangered plants.


              public support and use of the Refuge System

  Our Refuge System has been strongly supported by bird watchers, 
hunters, and anglers throughout its history--even though there was very 
little recreation permitted for much of the system's history. For 
example, hunting was a rarity on refuges until 1949, but hunters and 
sportsmen's organizations were strong supporters of the system even in 
those early years because they realized that without protected 
habitats, there could be no wildlife.
  Today, the Refuge System provides ample opportunities for fish and 
wildlife related recreation including wildlife observation, nature 
photography, and hunting and fishing, as well as environmental 
education. But these public uses are clearly secondary to the long-
standing primary purposes of the Refuge System to conserve fish and 
wildlife and habitats. S. 1059 continues this clear distinction between 
the purpose of the Refuge system to conserve fish and wildlife, and the 
priority uses of the system which are those related to learning about 
or enjoying fish and wildlife.


                         problems in the system

  Unfortunately, public use has not always been carried out in a manner 
that is consistent with the well-being of our refuges and their 
wildlife. A 1989 study by the General Accounting Office found that 
secondary activities considered by refuge managers to be harmful to 
wildlife resources were occurring on nearly 60 percent on our refuges. 
Power boating, mining, military air exercises, off-road vehicles, and 
air boating were cited as the most frequent harmful uses. Oil and gas 
drilling, timbering, grazing, farming, commercial fishing, and even 
wildlife related recreation such as hunting, trapping, and wildlife 
observation in some instances were also found to harm wildlife or 
habitat. A 1991 study by the U.S. Fish and Wildlife Service confirmed 
the GAO's findings. The Service found that harmful activities were 
present at 63 percent of the refuges.
  At one time, for example, the Key West National Wildlife Refuge 
harbored the only known breeding colony of frigatebirds in the United 
States. The Great White Heron National Wildlife Refuge, also in the 
Florida Keys, hosted numerous colonies of wading birds. But increased 
activity within the refuges by jet skiers, power boaters, water skiers, 
campers, and others was the most likely reason that the frigatebirds 
abandoned the refuge rookery and the chief culprit behind the fact that 
other birds have showed signs of declining breeding success.
  Refuge managers, despite their best efforts, have often been 
susceptible to outside pressure to allow these damaging activities 
because the laws governing the Refuge System are not completely clear. 
Furthermore, decisions about which activities were compatible with 
wildlife conservation purposes have often been made without adequate 
public input or written records. The problem had been compounded in 
past years by lack of periodic reevaluations of uses.


            action to restore integrity to the refuge system

  Fortunately, the Clinton administration has taken a number of steps 
to resolve many of the problems in the National Wildlife Refuge System. 
I like to believe that the interest and oversight that we provided in a 
bipartisan fashion in the 102d and 103d Congresses set the stage for 
these improvements.
  A number of harmful economic, recreational, and even military 
activities have been eliminated or appropriately reduced. In Florida, 
for example, action has been taken by the Fish and Wildlife Service to 
reduce the number of people allowed to scuba dive alongside manatees in 
the Crystal River refuge that was established to protect the manatee. 
Likewise, the Service has taken action to reduce public use at the 
Egmont Key National Wildlife Refuge. And a back-country plan has been 
implemented in the Florida Keys to greatly reduce conflicts between 
people and wildlife.
  President Clinton has also issued an Executive order on the 
management of the Refuge System that specifies that the mission of the 
refuges is to preserve a national network of lands and waters to 
conserve our wildlife diversity. The Executive order also appropriately 
ensures that recreational pursuits that are related to fish and 
wildlife will take priority over other activities not so related.
  Now, as in the past, I am gratified to be part of the process of 
updating the laws that govern our magnificent National Wildlife Refuge 
System. It is my sincerest hope that this new law will improve the 
Refuge System for the benefit of our Nation's fish and wildlife and for 
generations of Americans to come.
  Mr. CHAFEE. I understand that the Senator from Alaska has raised some 
concerns regarding the requirement to periodically reevaluate existing 
secondary uses to ensure that they remain compatible within the meaning 
of the law. I would like to ensure that the Senator's concerns have 
been fully addressed.
  Mr. MURKOWSKI. I would like to thank the Senator from Rhode Island, 
and obtain his understanding regarding how the periodic reevaluation 
will affect those secondary uses that are authorized for less than 10 
years.
  Mr. CHAFEE. As a preliminary matter, numerous rights-of-way have been 
approved in the past as compatible uses in various refuges, and this 
legislation does not alter the basis under which those activities may 
be approved in the future. With respect to the periodic reviews, the 
reevaluation of existing uses is required ``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.'' For uses that are authorized for 
periods of less than 10 years, it is my understanding that the Fish and 
Wildlife Service will, under normal and usual circumstances, review the 
use at the time of the reauthorization of the activity. The only 
exception to this would be in situations in which significant new 
information is developed regarding the effects of the use, or 
conditions under which the use change significantly.
  Mr. MURKOWSKI. I would like to obtain his understanding regarding how 
the periodic reevaluation will affect those secondary uses that are 
authorized for longer than 10 years.
  Mr. CHAFEE. For uses that are authorized for periods of longer than 
10 years, the amendment that we have introduced explicitly limits the 
review to compliance with the terms and conditions under which the 
authorization is made, and not to the authorization itself. During 
deliberation of H.R. 1420 by the House, Representatives Young and 
Saxton entered into a colloquy on this issue. Our amendment codifies 
the understanding reached in that colloquy.
  Mr. MURKOWSKI. I understand that the Fish and Wildlife Service has 
been consulted on these two issues, and that they have concurred with 
your explanation.

[[Page S9096]]

  Mr. CHAFEE. That is correct. With respect to long-term secondary 
uses, the amendment has met with the approval of the Department of the 
Interior, as stated by Secretary Babbitt at a hearing on S. 1059 before 
the Environment and Public Works Committee on July 30. With respect to 
short-term uses, the Service has also agreed with my understanding.
  Mr. LOTT. Mr. President, for 3 long years, the House Resources 
Committee has worked with the Department of the Interior to craft a 
statute that redefines and redirects the mission of the wildlife refuge 
program. After holding a total of eight hearings and countless 
legislative meetings with the administration, the House Resources 
Committee introduced and reported H.R. 1420. Thanks to the dedicated 
support of Chairman Young and Secretary Babbitt, this bill 
overwhelmingly passed the House by a vote of 407 to 1 on June 3, 1997.
  Mr. President, I am proud of the Senate's unanimous approval of this 
historic legislation. It proves that successful environmental policy 
can be crafted in a bipartisan manner.
  This legislation was endorsed by a coalition of diverse interests. It 
is rare to find an issue that captures the attention and collective 
effort of industry, sportsmen, and conservationists. These groups, 
ranging from the Wildlife Legislative Fund of America and the National 
Rifle Association to the Safari Club and the Audubon Society, have 
shown good faith in their efforts. I appreciate their perseverance and 
cooperation in finding a consensus for the public policy governing 
America's refuge system.
  In order to ensure that the bill would be considered and passed with 
as few changes as possible, it was held at the desk for consideration. 
Some may claim that this was an unusual parliamentary procedure, but I 
contend that this is an unusual bill. I was protecting the balance 
reached within the House-passed legislation in order to ensure a swift 
resolution of the legislative process. Senators' concerns and the 
jurisdictions of the committee process were respected and preserved.
  Mr. President, the result of these unusual proceedings is an 
outstanding product. Americans for generations to come will appreciate 
the wisdom and equity of this clear multiuse mission for our refuge 
system.
  As Mississippians go to the Noxubee National Wildlife Refuge, some 
will be there to hunt, some to enjoy the tremendous beauty of their 
surroundings, and others to appreciate the effort to preserve our 
natural heritage. All is possible because of H.R. 1420. 
Mississippians--and their many diverse interests--will be given the 
right to coexist within the refuge.
  H.R. 1420 will refocus the mission of the refuge system. It 
recognizes that hunting and fishing are important and legitimate 
activities on these public lands. Common ground was found--and it is 
high ground indeed.
  Again, I want to personally applaud Chairman Young and 
Representatives Dingell and Miller for their dedication to this 
legislative initiative. With the assistance of Secretary Babbitt, they 
have forged a new path for a refuge system with a clear multiuse 
mission. I thank my Senate colleagues for their participation and 
endorsement of this legislative proposal.
  Mr. GORTON. Mr. President, I ask unanimous consent that the amendment 
be agreed to, the bill read the third time, and passed, as amended, the 
motion to reconsider be laid upon the table, and any statements 
relating to the bill be placed at the appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1129) was agreed to.
  The bill (H.R. 1420), as amended, was read the third time, and 
passed.

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