[Congressional Record Volume 144, Number 126 (Monday, September 21, 1998)]
[Senate]
[Pages S10670-S10671]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT ACT OF 1998
Mr. DOMENICI. Madam President, I ask unanimous consent that the
Senate now proceed to consideration of calendar No. 549, S. 2317.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
A bill (S. 2317) to improve the National Wildlife Refuge
System, and for other purposes.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the
bill which had been reported from the Committee on Environment and
Public Works, with amendments; as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)
S. 2317
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 ``National Wildlife Refuge
System Improvement Act of 1998''.
SEC. 2. UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH
REFUGE.
(a) In General.--In accordance with section 4(a)(3) of the
National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd(a)(3)), there are transferred to the Corps
of Engineers, without reimbursement, approximately 37.36
acres of land of the Upper Mississippi River Wildlife and
Fish Refuge in the State of Minnesota, as designated on the
map entitled ``Upper Mississippi National Wildlife and Fish
Refuge lands transferred to Corps of Engineers'', dated
January 1998, and available, with accompanying legal
descriptions of the land, for inspection in appropriate
offices of the United States Fish and Wildlife Service.
(b) Conforming Amendments.--The first section and section 2
of the Upper Mississippi River Wild Life and Fish Refuge Act
(16 U.S.C. 721, 722) are amended by striking ``Upper
Mississippi River Wild Life and Fish Refuge'' each place it
appears and inserting ``Upper Mississippi River National
Wildlife and Fish Refuge''.
SEC. 3. KILLCOHOOK COORDINATION AREA.
(a) In General.--In accordance with section 4(a)(3) of the
National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd(a)(3)), the jurisdiction of the United
States Fish and Wildlife Service over approximately 1,439.26
acres of land in the States of New Jersey and Delaware, known
as the ``Killcohook Coordination Area'', as established by
Executive Order No. 6582, issued February 3, 1934, and
Executive Order No. 8648, issued January 23, 1941, is
terminated.
(b) Executive Orders.--Executive Order No. 6582, issued
February 3, 1934, and Executive Order No. 8648, issued
January 23, 1941, are revoked.
SEC. 4. LAKE ELSIE NATIONAL WILDLIFE REFUGE.
(a) In General.--In accordance with section 4(a)(3) of the
National Wildlife Refuge System Administration Act of 1966
(16 U.S.C. 668dd(a)(3)), the jurisdiction of the United
States Fish and Wildlife Service over approximately 634.7
acres of land and water in Richland County, North Dakota,
known as the ``Lake Elsie National Wildlife Refuge'', as
established by Executive Order No. 8152, issued June 12,
1939, is terminated.
(b) Executive Order.--Executive Order No. 8152, issued June
12, 1939, is revoked.
SEC. 5. KLAMATH FOREST NATIONAL WILDLIFE REFUGE.
Section 28 of the Act of August 13, 1954 (25 U.S.C. 564w-
1), is amended in subsections (f) and (g) by striking
``Klamath Forest National Wildlife Refuge'' each place it
appears and inserting ``Klamath Marsh National Wildlife
Refuge''.
SEC. 6. VIOLATION OF NATIONAL WILDLIFE REFUGE SYSTEM
ADMINISTRATION ACT.
Section 4 of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd) is amended--
(1) in the first sentence of subsection (c), by striking
``knowingly''; and
(2) in subsection (f)--
(A) by striking ``(f) Any'' and inserting the following:
[[Page S10671]]
``(f) Penalties.--
``(1) Knowing violations.--Any'';
(B) by inserting ``knowingly'' after ``who''; and
(C) by adding at the end the following:
``(2) Other violations.--Any person who otherwise violates
or fails to comply with any of the provisions of this Act
(including a regulation issued under this Act) shall be fined
under title 18, United States Code, or imprisoned not more
than 180 days, or both.''[; and.
[(3) in subsection (g)--
[(A) by striking ``(g) Any'' and inserting the following:
[``(g) Enforcement.--
[``(1) In general.--Any''; and
[(B) by adding at the end the following:
[``(2) Forfeiture.--A gun, trap, net, or other equipment,
or a vessel, vehicle, aircraft, or other means of
transportation, used to aid the commission of a violation of
this Act (including a regulation issued under this Act) shall
be subject to forfeiture on conviction of a criminal
violation under subsection (f)(1).
[``(3) Other laws.--
[``(A) In general.--Except as provided in subparagraph (B),
all provisions of law relating to the seizure, forfeiture,
and condemnation of property for a violation of the customs
laws of the United States, the disposition of the property
and the proceeds of sale of the property, and the remission
or mitigation of the forfeiture, shall apply to a seizure or
forfeiture incurred, or alleged to have been incurred, under
this Act to the extent that the provisions of law are
applicable to, and not inconsistent with, this Act.
[``(B) Officers or employees.--All powers, rights, and
duties conferred or imposed by the customs laws of the United
States on any officer or employee of the Department of the
Treasury shall, for the purposes of this Act, be exercised or
performed by the Secretary or such persons as the Secretary
may designate.''.]
Mr. CHAFEE. Mr. President, I introduced this bill last July on behalf
of the administration. S. 2317 makes several changes to the National
Wildlife Refuge System Administration Act of 1966. First, it removes
three areas from the Refuge System that have lost the habitat value
that led to their being incorporated into the Refuge System. Second, it
changes the name of the Klamath Forest National Wildlife Refuge in
Oregon to the Klamath Marsh National Wildlife Refuge. The current name
leads visitors to believe that it is a national forest, causing
confusion over what activities are permitted.
Mr. President, although no one like to see areas removed from the
Refuge System, the three areas in question have truly lost their
original wildlife value. Thirty-seven acres within the Upper
Mississippi River National Wildlife and Fish Refuge has been developed
for recreational purposes when it was leased to the Army Corps of
Engineers (Corps). The area in question would be transferred to the
Corps, which owns the adjoining lands, and its recreational use would
be continued.
In 1934 an Executive order established the Killcohook Coordination
Area as a migratory bird refuge as long as the Corps could continue to
use the area as a dredge disposal site. Sixty years later this area is
completely covered with piles of spoil and, not surprisingly, no
remaining waterfowl habitat. This bill would eliminate the Fish and
Wildlife Service's secondary jurisdiction.
The final change will revoke an easement that allows the Fish and
Wildlife Service to prohibit hunting of migratory birds at Lake Elsie,
North Dakota. The easement was granted in 1939 and the surrounding land
is privately owned and the State owns the lake. Due to substantial
development, the area is no longer suitable for migratory birds.
S. 2317 will also reduce the penalty for unintentional violations of
the National Wildlife Refuge System Administration Act. Currently, all
violations of the act are class A misdemeanors, regardless of whether
or not it was an intentional violation. Unintentional violations will
now be a class B misdemeanor.
Mr. President, I urge my colleagues in the Senate to support this
bill.
Mr. DOMENICI. I ask unanimous consent that the committee amendments
be agreed to, the bill be considered read a third time and passed, the
motion to reconsider be laid upon the table, and that any statements
relating to the bill be printed at the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendments were agreed to.
The bill (S. 2317), as amended, was considered read the third time
and passed.
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