[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.

                          ____________________