[House Report 104-218]
[From the U.S. Government Publishing Office]



                                                                       
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-218
_______________________________________________________________________


 
            NATIONAL WILDLIFE REFUGE IMPROVEMENT ACT OF 1995

_______________________________________________________________________


 July 31, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1675]

      [Including cost estimate of the Congressional Budget Office]
    The Committee on Resources, to whom was referred the bill 
(H.R. 1675) to amend the National Wildlife Refuge System 
Administration Act of 1966 to improve the management of the 
National Wildlife Refuge System, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; REFERENCES.

  (a) Short Title.--This Act may be cited as the ``National Wildlife 
Refuge Improvement Act of 1995''.
  (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. DEFINITIONS.

  (a) In General.--Section 5 (16 U.S.C. 668ee) is amended to read as 
follows:

``SEC. 5. 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 has been previously 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; or
                  ``(B) is acquired by the Federal Government and 
                subsequently made available to a State--
                          ``(i) 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
                          ``(ii) 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.
          ``(6) The term `person' means any individual, partnership, 
        corporation or association.
          ``(7) 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.
          ``(8) The terms `purposes of the refuge' and `purposes of 
        each refuge' mean the purposes and uses specified or authorized 
        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.
          ``(9) 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.
          ``(10) The term `Secretary' means the Secretary of the 
        Interior.
          ``(11) 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.
          ``(12) The term `System' means the National Wildlife Refuge 
        System designated under section 4(a)(1).
          ``(13) 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. 3. 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 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. 4. 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; and
          ``(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.''.
  (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, 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. 5. 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 1995, 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 compatible with the 
        purposes of the refuge and the purposes of the System specified 
        in subsection (a)(3).
          ``(ii) On lands added to the System after the date of the 
        enactment of the National Wildlife Refuge Improvement Act of 
        1995, 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 compatible with the purposes of the refuge or with the 
        purposes of the System specified in subsection (a)(3), or is 
        otherwise inconsistent with this Act.
          ``(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 with the purposes of the refuge and 
        the purposes of the System specified in subsection (a)(3), 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 
        1995, the Secretary shall issue final regulations establishing 
        the process for determining a compatible use under subparagraph 
        (A) 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);
                  ``(vi) provide for the elimination or modification of 
                any use as expeditiously as practicable after a 
                determination is made that the use is not compatible;
                  ``(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 4 years, to ensure that the use remains 
                compatible with the purposes of the refuge and the 
                purposes of the System specified in subsection (a)(3);
                  ``(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 and hunting in a refuge are generally 
                compatible with the conservation of fish and wildlife 
                and plants and their habitats and with the purposes of 
                the refuge and the purposes of the System.
          ``(4) The provisions of this Act relating to determinations 
        of the compatibility of a use shall not apply to--
                  ``(A) overflights within the airspace of a refuge, 
                except as otherwise provided by law or a memorandum of 
                understanding with the Secretary; 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.''.

SEC. 6. 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 1995.
  ``(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 1995, 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 consistent with the purposes of each 
        refuge comprising the planning unit; 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. 7. EMERGENCY POWER; 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.
  ``(l) 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.
  ``(m) 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.
  ``(n)(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 
        1995; or
          ``(C) affect any Federal or State law in existence on the 
        date of the enactment of the National Wildlife Refuge 
        Improvement Act of 1995 this Act 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).
  ``(o) 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.
  ``(p) Contracts for leasing land authorized by Public Law 88-567 
shall require that lessees comply with an integrated pest management 
(IPM) plan, as that term is defined in the Settlement Agreement entered 
in the litigation entitled Northwest Coalition for Alternatives to 
Pesticides et al. v. Babbit, No. 94-6339-TC, United States District 
Court for the District or Oregon. Contracts for leasing such land shall 
not be subject to regulations or policies (including pesticide use 
proposals) related to the use of chemicals and pest management on lands 
in the System or lands administered by the Department of the Interior, 
that are more restrictive than the requirements of applicable State and 
Federal laws related to the use of chemicals and pest management 
practices on non-Federal lands.''.
  (b) Conforming Amendment.--Section 4(c) (16 U.S.C. 668dd(c)) is 
amended by striking the last sentence.

SEC. 8. 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 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. 9. 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. 10. 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) in section 4 (16 U.S.C. 668dd)--
                  (A) by striking ``Sec. 4.''; and
                  (B) by inserting before the text of that section the 
                following heading:

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

          (3) by striking sections 6, 7, 8, 9, and 10; and
          (4) by redesignating section 4 as section 2.
  (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.
                          Purpose of the Bill

    The purpose of H.R. 1675 is to amend the National Wildlife 
Refuge Administration Act of 1966 to improve the management of 
the National Wildlife Refuge System.

                  Background and Need for Legislation

    The National Wildlife Refuge System is comprised of Federal 
lands that have been acquired for the conservation and 
enhancement of fish and wildlife. Totaling about 91.7 million 
acres, the System provides habitat for hundreds of fish and 
wildlife species, including more than 165 species listed as 
threatened or endangered under the Endangered Species Act. In 
fact, 58 refuges have been established specifically to protect 
listed species. The Refuge System is overseen by the U.S. Fish 
and Wildlife Service (USFWS) of the Department of the Interior.
    The first wildlife refuge was established in 1903 by 
President Theodore Roosevelt at Pelican Island, Florida, to 
protect egrets, herons, and other birds that were being killed 
to provide feathers for the fashion industry.
    At present, the System is comprised of 504 refuges, which 
are located in all 50 States and five U.S. insular areas. These 
units range in size from the one-acre Mille Lacs National 
Wildlife Refuge in Minnesota, to the 19.3-million-acre Arctic 
National Wildlife Refuge in Alaska. In the last decade, 81 
refuges and approximately 3.6 million acres have been added to 
the System. There are several mechanisms by which lands are 
placed in the System: (1) withdrawal from the public domain by 
Executive Order or public land order; (2) purchase or lease of 
fee or easements using authorities granted in several statutes 
(e.g. Migratory Bird Conservation Act, Refuge Recreation Act, 
Endangered Species Act, Fish and Wildlife Act, North American 
Wetlands Conservation Act); (3) establishment by Acts of 
Congress; (4) donations to the Federal Government; (5) 
cooperative agreement with, or transfer from, other government 
agencies; and (6) exchanges between private parties, corporate 
landowners, or other government agencies and USFWS.
    The primary sources of funding for refuge acquisitions are 
annual appropriations from the Land and Water Conservation 
Fund, and the Migratory Bird Conservation Fund, which is funded 
from the purchase of annual duck stamps and refuge entrance 
fees.
    The System also contains 50 Coordination Areas and 2.2 
million acres of waterfowl production areas. Coordination Areas 
are administered by State fish and wildlife agencies under a 
cooperative agreement with USFWS. Waterfowl production areas 
are comprised of scattered wetlands that provide important 
waterfowl habitat. On March 27, 1995, the Administration 
proposed to transfer management of the nationwide waterfowl 
production lands (2.2 million acres) and the ownership of the 
wildlife coordination areas (300,000 acres) from the Refuge 
System to willing States in Fiscal Year 1997.
    The Refuge System is managed primarily in accordance with 
two statutes enacted in the 1960's: the Refuge Recreation Act 
of 1962 (16 U.S.C. 460k-460k-4) and the National Wildlife 
Refuge System Administration of 1966 (16 U.S.C. 668dd-668ee). 
The Refuge Recreation Act authorizes the Secretary of the 
Interior to administer refuges for public recreation, provided 
it will not interfere with the primary purposes for which the 
refuge was established and funds are available to develop, 
operate, and maintain those activities.
    The National Wildlife Refuge System Administration Act 
authorizes the Secretary to allow uses that the Secretary 
determines are compatible with the major purposes for which a 
refuge was established. Set forth in the laws and executive 
orders establishing individual refuges, those purposes range 
can be very narrow, such as preserving and managing the habitat 
for a single species, to relatively broad goals like conserving 
waterfowl. Currently, the law does not include a list of 
purposes or a definition of a ``compatible use'' for the Refuge 
System.
    Refuge managers are responsible for determining, on a case-
by-case basis, whether activities on refuges are compatible. 
According to the USFWS Refuge Manual, an activity on a refuge 
``may be determined to be compatible if it will not materially 
interfere with or detract from the purpose(s) for which the 
refuge was established.''
    Management of the Refuge System has been the focus of 
several studies in the last two decade, including two General 
Accounting Office reports, two reports of advisory boards to 
the Interior Department, and a report prepared by USFWS. These 
reports highlighted the fact that refuges are not managed as a 
national system because of the lack of centralized guidance 
from USFWS.
    In 1992, several environmental groups sued Interior 
Secretary Manuel Lujan for authorizing secondary uses on 
refuges without ensuring that these uses are compatible with 
those refuges. In October 1993, a settlement was reached in 
National Audubon Society v. Babbit, in which USFWS agreed to 
expeditiously terminate many secondary uses unless USFWS 
determines in writing that the use is compatible with the 
primary purposes of the refuge on which it occurs. In addition, 
the settlement agreement requires USFWS to determined whether 
funds are available for development and maintenance of 
recreational activities that are under their authority and that 
are not directly related to the primary purposes of the refuge.
    USFWS reviewed over 5,000 secondary uses on over 500 units 
of the System. Wildlife observation, photography, walking and 
hiking, and rights-of-way occur at over 300 refuges; waterfowl 
hunting, big game hunting, recreational fishing, and non-
motorized boating at more than 200; and non-motorized wildlife 
trails, interpretive exhibits, environmental education, 
migratory bird hunting, small game hunting, picnicking, 
motorized boating, grazing, farming and research occur at more 
than 150. As a result of the one-year study, USFWS addressed 46 
uses on 30 refuges in 1994, and plans to terminate 21 
activities on 18 refuges and modify two activities on two 
refuges in 1995. On the 273 refuges where hunting takes place 
and the 263 refuges where fishing occurs, in no cases were 
these uses found to be incompatible. Thirty refuges are still 
completing their reviews. In fact, the biggest problem facing 
the Refuge System was nonwildlife-dependent activities such as 
jogging.
                            Committee Action

    H.R. 1675 was introduced on May 18, 1995, by Congressman 
Don Young. The bill was referred to the Committee on Resources, 
and within the Committee to the Subcommittee on Fisheries, 
Wildlife and Oceans.
    On May 25, 1995, the Subcommittee held a hearing on H.R. 
1675. The Administration testified in support of comprehensive 
legislation for management of the National Wildlife Refuge 
System. Other witnesses, including representatives of the 
Wildlife Legislative Fund of America, Safari Club 
International, National Rifle Association, International 
Association of Fish and Wildlife Agencies, Wildlife Management 
Institute, endorsed the bill. In addition, Congressman John 
Dingell, the author of the national Wildlife Refuge System 
Administration Act of 1966, also submitted a statement for the 
hearing record in support of H.R. 1675. Representatives of the 
National Wildlife Refuge Association and the Wilderness Society 
raised objections to several provisions of H.R. 1675.
    On June 27, 1995, the Subcommittee on Fisheries, Wildlife 
and Oceans met to markup H.R. 1675. At that time, Congressman 
Don Young offered an amendment in the nature of a substitute 
that defined the term ``Coordination Area'' and excluded these 
lands from the coverage of the bill; clarified language dealing 
with cooperative agreements with States and other entities; 
modified the provision dealing with new lands acquired for the 
Refuge System to ensure that existing wildlife-dependent 
activities, including fishing, hunting, wildlife observation, 
and environmental education will continue in the future unless 
the Secretary of the Interior finds that these uses are not 
compatible; restated current law on water rights; and removed 
the authorization of appropriations reference contained in the 
bill. This amendment was adopted by voice vote. The bill as 
amended was then approved by voice vote and ordered favorably 
reported to the Full Committee.
    On July 12, 1995, the Full Resources Committee met to 
consider H.R. 1675. Congressman Don Young offered an amendment 
stipulating that nothing in H.R. 1675 was intended to affect 
subsistence rights for Alaskan Natives under the Alaska 
National Interest Lands Conservation Act. This amendment was 
adopted by voice vote.
    Congressman Studds offered an amendment to clarify the 
language dealing with USFWS's compatibility determinations for 
fish- and wildlife-dependent activities on each of our Nation's 
refuges. The amendment was adopted by voice vote.
    Congressman Cooley offered an amendment to direct the 
Department of the Interior to allow leased land farmers to grow 
crops in the Tule Lake and Lower Klamath National Wildlife 
Refuges that are consistent with California and Oregon 
pesticide laws and the integrated pest management plan that the 
Department of the Interior is developing. The amendment was 
adopted by voice vote.
    Congressman Pombo offered an amendment that provided that 
no funds may be expended from the land and Water Conservation 
Fund for the creation of a new refuge without specific 
authorization from Congress to create that new refuge. An 
amendment to the Pombo amendment was offered by Congressman 
Saxton to clarify that the authorization requirement would 
refer to the creation of a new refuge recommended to Congress 
by USFWS. The Saxton amendment was approved by voice vote and 
the Pombo amendment, as amended, was adopted by voice vote.
    Finally, Congressman Farr offered an amendment that 
stipulated that the Secretary of the Interior would not be 
required to allow compatible fishing and hunting activities to 
occur in a refuge if sufficient funds were not available for 
the proper management of the wildlife resource. The amendment 
was defeated by voice vote.
    No other amendments were offered, and the bill, as amended, 
was then ordered favorably reported to the House of 
Representatives, by voice vote in the presence of a quorum.

                      Section-by-Section Analysis

                   section 1. short title. references

    The short title of the legislation is ``The National 
Wildlife Refuge Improvement Act of 1995.'' When the bill makes 
amendments to existing law, it is amending the National 
Wildlife Refuge System Administration Act of 1966.

                         section 2. definitions

    This section contains definitions for terms used in the 
Act.
    Section 5(1) defines the term ``compatible use''. The 
definition is a codification of the existing regulatory 
definition that USFWS has used for many years. Under this 
definition determinations of compatibility must be based on 
``reliable scientific information.'' This information can come 
from State, private and Federal sources.
    Section 5(3) defines the term ``Coordination Area'' to mean 
a wildlife management area acquired by the Federal Government 
and made available to a State through either a cooperative 
agreement between USFWS and a State fish and game agency 
pursuant to the Fish and Wildlife Coordination Act or by long-
term leases or agreements pursuant to the Bankhead-Jones Farm 
Tenant Act. Coordination Areas are specifically excluded from 
the definition of the term ``refuge'' in section 5(9).
    Section 5(9) defines the term ``refuge'' as a designated 
area of land, water, or an interest in land or water, within 
the National Wildlife Refuge System. The phrase ``land, water 
or an interest in land or water.'' as employed here and in 
section 4(a)(1) of the National Wildlife Refuge System 
Administration Act of 1966, is restricted to ownership 
interests of the United States. The authority of the Secretary 
of the Interior under the Administration Act thus would not 
extend to navigable waters within refuge boundaries, the bed of 
which is in State ownership. Similarly, the navigational 
servitude of the United States is a power, not an interest in 
property, United States v. Twin City Power Co., 350 U.S. 222, 
224-225 (1956), and thus is not an ``interest'' within the 
definition. By making clear that the term ``interest'' is 
limited to property interests that demarcate particular areas, 
it is the Committee's intention to facilitate the delineation 
of geographic areas for the exercise of authority under H.R. 
1675. Intangible, non-possessory interests of the United 
States, such as Internal Revenue Service liens, access rights, 
covenants, or Federal reserved water rights, do not constitute 
``interests'' within the meaning of the term ``refuge.''
    Section 5(11) defines the terms ``State'' and ``United 
States'' to mean the several States of the United States, 
Puerto Rico, American Samoa, the Virgin Islands, Guam, and the 
insular possessions of the United States.
    Section 5(13) defines the terms ``take'', ``taking'', or 
``taken'' to mean to pursue, hunt, shoot, capture, collect, or 
kill. The Committee intends for the term ``hunting'' to include 
the sustainable-use conservation and management of the American 
alligator (Alligator mississippiensis), including the harvest 
of wild alligators and the collection and propagation of wild 
alligator eggs, that is consistent with the State alligator 
conservation and management program in which the refuge is 
located if the State program has been approved by USFWS 
pursuant the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora and the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.). The term ``hunting'' also 
includes trapping.

             Section 3. mission and purposes of the system

    The mission of the System is to conserve and manage fish 
and wildlife and their habitats found within the System for the 
benefit of present and future generations.
    The purposes of the System are to:
          Conserve, manage, and, where appropriate, restore 
        fish, wildlife and plant populations and their habitat 
        within the System. This includes conservation and 
        management for migratory birds, anadromous or 
        interjurisdictional fish species, and marine mammals 
        found within the System. This purpose reflects that an 
        array of strategies is necessary to achieve the 
        purposes of individual refuges and to contribute to 
        national conservation goals. Some lands must be 
        preserved in their natural state, some require active 
        manipulation, while other, degraded habitats require 
        action to restore their function and ecological 
        integrity. The reference to interjurisdictional fish 
        species indicates that a purpose of the Refuge System 
        is to conserve fish species that migrate and move among 
        different jurisdictions. This reference is not intended 
        to confer on USFWS any authority to regulate the taking 
        of such species nor is it intended to modify, limit, or 
        otherwise affect the authority of the States to manage 
        and regulate the take of these species.
          To provide opportunities for fish- and wildlife-
        dependent recreation. Fishing and hunting now occur on 
        over half the refuges (and over 90% of the acreage) in 
        the System. Nearly 30 million people visit refuges each 
        year to observe wildlife and 50,000 students enjoy 
        environmental education activities on refuges. 
        Collectively, these activities provide unique outdoor 
        experiences for millions of visitors and promote both 
        environmental awareness and appreciation of the natural 
        world. The Committee expects that compatible fish- and 
        wildlife-dependent recreation shall include hunting, 
        fishing and wildlife observation, and trapping (as 
        authorized under Federal and State law), bird watching, 
        nature observation, and wildlife and/or nature 
        photography.
          To preserve threatened, endangered or candidate 
        species, and the habitats important for those species 
        within the System. Nearly 60 refuges have been 
        established specifically to conserve individual or 
        groups of endangered or threatened species. System-wide 
        refuges provide habitat for over 215 threatened or 
        endangered species, one quarter of those on the Federal 
        endangered species list. Refuge acquisition and 
        management also provides an important tool to prevent 
        the need for listing candidate species by addressing 
        their habitat needs before they require more costly 
        recovery action.
          To fulfill international treaty obligations regarding 
        fish, wildlife, plants and their habitats.

                Section 4. administration of the system

    This section directs the Secretary to ensure that the 
purposes of the refuge and the System are carried out. The 
purposes of the refuge are to be met first, and then the 
purpose of the System to the extent practicable. The Secretary 
must also provide for conservation of fish and wildlife and 
their habitat within the System; ensure effective coordination, 
interaction and cooperation with adjourning landowners; 
maintain adequate water supplies acquiring water rights through 
purchase, exchange or donation in accordance with State law; 
and expand the Refuge System in a manner which accomplishes the 
goals of the System and complements the efforts of other State 
and Federal conservation efforts.
    The Secretary may enter into cooperative agreements with 
State fish and wildlife agencies and other entities or the 
management of programs on, or parts of, refuge, subject to 
standards established by and the overall management oversight 
of USFWS. On some existing refuges, State agencies cooperate 
with USFWS by participating in the management of specific 
programs, such as hunting law enforcement or other public use-
related activities. State also cooperate by managing habitat on 
parts of individual refuges, particularly in cases where refuge 
lands are adjacent to or surrounded by State lands. In all 
these situations, USFWS retains management oversight and is 
ultimately responsible to ensure that allowed uses remain 
compatible and that habit is managed consistently with the 
purposes for which the refuges were established.

           Section 5. compatibility standards and procedures

    This section directs the Secretary not to expand, renew, or 
extend any existing use unless it is determined to be 
compatible with the purposes of the refuge and the System; to 
allow existing fish or wildlife-dependent use of a refuge, 
including fishing, hunting, wildlife observation, and 
environmental education to continue unless the Secretary 
determines that these uses are not compatible; to permit 
fishing and hunting on a refuge when those activities are 
consistent with sound fish and wildlife management, compatible 
with the purposes of the refuge an the System, and consistent 
with public safety and to issue regulations establishing the 
process for determining whether a use is compatible.
    The Committee intends to create a management regime of 
``open unless closed'' for fish- and wildlife-dependent 
recreation on units of the Refuge System. In conjunction with 
language in new section 4(d)(3)(B)(x) of the National Wildlife 
Refuge System Administration Act, the Committee is creating a 
presumption that these activities are compatible and ought to 
be permitted to occur. This presumption may be overcome in 
cases where these activities are: (1) not consistent with the 
principles of sound fish and wildlife management; (2) not 
compatible with the specific purposes of the refuge unit; or 
(3) are inconsistent with pubic safety. In the absence of these 
factors, fish- and wildlife-dependent recreation activities 
should proceed.
    Under current USFWS policy, as reflected in the Code of 
Federal Regulations, new refuge lands (with the exception of 
Waterfowl Production Areas) are ``closed until opened.'' This 
means that all preexisting uses are terminated upon 
acquisition. In practice, the reopening of these lands to 
specific allowed uses may not occur, if at all, until refuge 
management planning is completed, sometimes years after 
acquisition. New section 4(d)(3)(A)(ii) of the National 
Wildlife Refuge System Administration Act will reserve this 
situation by providing that a fish- and wildlife-dependent use 
which is ongoing on lands before these lands are added to the 
Refuge System shall be allowed to continue on an interim basis 
unless the Secretary determines that the use is not compatible 
with refuge purposes or System purposes, or is otherwise 
inconsistent with this Act. The Committee encourages USFWS to 
evaluate ongoing uses during the land acquisition planning 
process and, where possible and appropriate, to complete 
determinations of compatibility prior to acquisition of lands. 
This will enhance coordination with the interested public and 
minimize confusion regarding future public uses on newly 
acquired lands.
    Furthermore, since H.R. 1675 codifies the existing 
regulatory definition of ``compatible use'' that USFWS has used 
for many years, the Committee expects that there will be some 
wildlife refuges, particularly in urban areas, that may not be 
appropriate settings for all forms of fish- and wildlife-
dependent recreation. For instance, the Committee is aware that 
certain refuges have been created to protect threatened and 
endangered species and to serve as breeding grounds for 
migratory waterfowl. This legislation will not alter or change 
the USFWS's mandate to protect those species.
    The fact that this ``open unless closed'' approach is built 
into H.R. 1675 does not mean that limited financial and 
personnel resources must always be directed toward maintenance 
or enhancement of these activities. Fish- and wildlife-
dependent recreation has not been made a paramount purpose in 
which it must be the last activity to be restricted as a result 
of budget limitations.
    As mentioned earlier in this report, USFWS recently 
completed a comprehensive review of uses on the System. That 
thorough review identified only a relative handful of problems. 
It is expected that most of this work can and will be used to 
satisfy the requirements of this provision. This recognition of 
USFWS's existing work product can help to avoid costly 
duplication of effort and facilitate expeditious compliance 
with the new requirement.
    The Committee also intends that for compatibility 
determinations, USFWS shall use any exiting information and 
data generated by the State agency possessing primary authority 
for fish and wildlife, or any other State or Federal agency 
that has relevant data. The Committee neither expects nor 
intends that the Secretary or the refuge manager independently 
generate data on which to base compatibility determinations, 
unless this data or information does not exist.
    Overflights within the airspace of a refuge and actions of 
Federal agencies, other than USFWS, which have primary 
jurisdiction over the refuge lands are not subject to 
compatibility determinations.

            Section 6. Refuge Conservation Planning Program

    Under this section, the Secretary must prepare a 
conservation plan for each refuge. A public comment period must 
be held on the draft conservation plan, and the plans must be 
reviewed every 15 years. Units are to be managed under existing 
plans until new plans are written. Activities consistent with 
H.R. 1675 may occur before existing plans are revised or new 
plans prepared.
    Plans must identify and describe: (1) the purposes of the 
refuge; (2) the fish, wildlife and plant populations, their 
habitats, and the archaeological and cultural values found on 
the refuge; (3) significant problems that may adversely affect 
wildlife populations and habitats and ways to correct or 
mitigate those problems; (4) areas suitable for administrative 
sites or visitor facilities; and (5) opportunities for fish- 
and wildlife-dependent recreation.
    The Secretary must ensure adequate public involvement in 
the preparation of plans.

    Section 7. Emergency Powers; State Authority; Water Rights; and 
                              Coordination

    The Secretary may temporarily suspend, allow or initiate 
any activity in the event of an emergency. In addition, nothing 
in H.R. 1675 allows the Secretary to regulate hunting or 
fishing outside the System, affects the fish and wildlife 
management authority of the States, or creates a reserved water 
right for the United States. Nothing in H.R. 1675 diminishes or 
affects the ability to join the United States in the 
adjudication of rights to the use of water pursuant to the 
McCarran Act.
    New section 4(p) of the National Wildlife Refuge System 
Administration Act is a provision that requires that the 
Department of the Interior cease applying its pesticide policy 
to lands leased for farming within the Tule Lake and Lower 
Klamath National Wildlife Refuges under the 1964 Kuchel Act (43 
U.S.C. 695k-695r). The Kuchel Act dedicated these 22,000 acres, 
originally ceded to the Federal Government by the States of 
Oregon and California for homesteads and development of the 
Klamath Reclamation Project, to the joint purposes of farming 
by lease and refuge habitat.
    Despite an impeccable record on the part of leased land 
farmers managing pests through pesticide use, the Department of 
the Interior began to apply its general pesticide policy to 
these lands in 1993. The pesticide policy restricts farmers' 
use of essential Environmental Protection Agency-approved 
pesticides, in many cases leaving them without any alternative 
means to combat very harmful pests. Understandably, farmers of 
these lands fear the potential complete loss of much of the $16 
million annual crop production.
    The provision adopted by the Committee suspends application 
of the Department's pesticide policy to the leased lands. It 
requires that lessees comply with California and Oregon 
pesticide laws and an integrated pest management plan (IPM) the 
Department is developing through an independent contractor. In 
contrast to the Department's pesticide policy, the IPM plan 
will not leave farmers without protection from harmful pests 
but rather will allow them to use the least environmentally 
hazardous method of combating pests. The Committee expects that 
the IPM plan will not deviate significantly from the University 
of California's guidelines for IPM, which serves as the 
national model. The bill reflects the intention of the 
Committee that farmers on leased refuge lands not be subject to 
more restrictive regulation than the adjacent private lands.

                   Section 8. Statutory Construction

    Section 8 provides a savings clause to maintain the status 
quo for the protection of Alaskan Native subsistence uses in 
Alaska, as set forth in the Alaska National Interest Lands 
Conservation Act (ANILCA). ANILCA contains several provisions 
for subsistence uses of wildlife refuges in Alaska: (1) a 
priority for subsistence uses over other uses on public lands 
in Alaska (sections 801 through 809 and sections 811 through 
816); (2) a designation of subsistence uses as a purpose of 
almost every refuge in Alaska (sections 302 and 303); and (3) a 
set of procedures and standards to be followed regarding any 
activity that would affect refuge lands (section 810).
    The savings clause in H.R. 1675 is designed to ensure that 
these protections are not altered in any manner by clarifying 
Congressional intent that the bill should not have any effect 
on subsistence rights in Alaska. Subsection 1 addresses the 
subsistence priority set forth explicitly in section 804 of 
ANILCA and in the refuge purposes in sections 302 and 303 of 
ANILCA. It is a general disclaimer stating that the bill will 
not affect the subsistence use preference in Alaska as set 
forth in ANILCA, including, but not limited to, Titles III and 
VIII of that Act. However, because the definition and 
jurisdiction provisions of H.R. 1675 do not directly address 
either Titles III or VIII of ANILCA, subsection 2 of section 8 
of H.R. 1675 does so. In addition, H.R. 1675's procedural 
mechanisms for evaluating compatibility of refuge uses also do 
not mention ANILCA; therefore, subsection 3 of section 8 
addresses those procedures.
    Subsection 2 sets forth Congressional intent that the bill 
will not affect the interpretation of the definitions set forth 
in section 102 of ANILCA. H.R. 1675 is not intended to 
implicate the scope of State or Federal jurisdiction over 
subsistence uses in Alaska, or any assertion of subsistence 
uses in the Federal courts. The Committee does not intend H.R. 
1675 to be used to support any claims raised in Federal or 
State court on subsistence issues, including but not limited to 
whether ``public lands'' include the navigational servitude or 
Coordination Areas. Instead, H.R. 1675 should not in any way 
affect subsistence uses on Alaskan refuge lands as set forth in 
ANILCA.
    Subsection 3 is intended to ensure that the evaluation of 
prospective and current uses under H.R. 1675 not affect the 
manner in which prospective uses of refuge lands are evaluated 
under section 810 of ANILCA. The Committee intends, therefore, 
that this bill should not provide a basis for granting or 
denying a use on refuge lands in Alaska that would not 
otherwise have been granted or denied under section 810 of 
ANILCA.

                         Section 9. New Refuges

    This section stipulates that no funds may be expended from 
the Land and Water Conservation Fund (LWCF) for the creation of 
a new refuge within the National Wildlife Refuge System without 
specific authorization from Congress pursuant to a 
recommendation from USFWS to create that new refuge.
    The Committee is aware that some $1.027 billion in taxpayer 
money has been appropriated from the Land and Water 
Conservation Fund to acquire lands that became additions to 
existing refuge units or entirely new wildlife refuges. This is 
a substantial amount of money being spent by the USFWS with no 
input from Congress. The Committee believes it is appropriate 
for Congress to review the recommendations of USFWS and, if it 
so chooses, to legislatively authorize the creation of any new 
wildlife refuges in the future when those lands are acquired 
through the use of the LWCF.
    Under current law, LWCF can be used to acquire any area 
authorized for the National Wildlife Refuge System. Under 16 
U.S.C. 4601-9, USFWS is able to use LWCF appropriations for any 
``preacquisitions work in instances where authorization is 
imminent and where substantial monetary savings could be 
realized.'' Under this authority, USFWS establishes boundaries, 
conditions, and restrictions for proposed wildlife refuges 
where ``authorization is imminent.'' As mentioned earlier in 
this report, USFWS has authority to establish wildlife refuges 
on its own administrative authority. The effect is that 
proposed wildlife refuges become authorized wildlife refuges 
despite the fact that USFWS does not necessarily acquire all of 
the property within the refuge boundary at the time the 
wildlife refuge is officially established, This may result an 
infringement of private property rights of the landowners who 
fall within the refuge boundary whose property has not been 
acquired at the time refuge is established.
    Once USFWS sets boundaries and restrictions for a wildlife 
refuge, as LWCF money comes in, property is purchased within 
those boundaries only from ``willing sellers.'' Meanwhile, 
private property owners who own land inside the boundary of a 
new refuge are forced to live with the restrictions until they 
become a ``willing seller''. Private property owners become 
willing sellers only because there are, in most cases, no other 
interested buyers. Moreover, the sale of private property 
occurs only when USFWS has enough money to purchase the 
property, whose value may have been decreased by inclusion in a 
proposed refuge boundary. By requiring Congressional 
authorization before USFWS can engage in any ``preacquisition 
activity,'' H.R. 1675 will ensure that a willing seller is just 
that--someone who willingly sells their property to the Federal 
Government.
    It also must be noted that this provision only affects new 
refuge units recommended after the date of enactment, does not 
alter or change the process of expending money from the 
Migratory Bird Conservation Account, and this authorization 
requirement is consistent with Federal law that has been used 
for decades to create new parks, water projects, and wild and 
scenic rivers.

           section 10. reorganizational technical amendments

    This section makes several reorganizational and technical 
changes to the National Wildlife Refuge System Administration 
Act of 1966.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 1675 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1675. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1675 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1675.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1675 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate
                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 21, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 1675, the National Wildlife Refuge Improvement 
Act of 1995, as ordered reported by the House Committee on 
Resources on July 12, 1994. Assuming appropriation of the 
necessary sums, CBO estimates that the federal government would 
spend $10 million over the next 15 years to implement this 
bill. H.R. 1675 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    H.R. 1675 would amend the National Wildlife Refuge System 
Act of 1966 to further define the mission and purposes of the 
National Wildlife Refuge System (NWRS). The bill would require 
the U.S. Fish and Wildlife Service (USFWS) to ensure that these 
purposes are carried out at all refuges and that all allowed 
uses of refuge lands are compatible with them. Over the next 
fifteen years, the USFWS would be required to promulgate a 
comprehensive conservation plan for each refuge or related 
complex of refuges (referred to in the bill as ``planning 
units''). The bill also would require a revision of the plans 
every fifteen years thereafter. This provision would accelerate 
the USFWS's existing process for developing and reviewing 
conservation plans.
    The USFWS currently spends about $1.2 million per year to 
prepare or revise conservation plans at 262 NWRS units. Based 
on information from the USFWS and assuming appropriation of the 
necessary amounts, CBO estimates that accelerating the planning 
process to comply with H.R. 1675 would increase staff expenses 
by about $750,000 per year for the next fifteen years. All 
other activities mandated by the bill would have no additional 
budgetary effect because they are either already underway or 
will be undertaken within existing USFWS authority.
    Enacting this legislation would have no impact on the 
budgets of state or local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Gary Brown.
            Sincerely,
                                         June E. O'Neill, Director.

                          Departmental Reports

    The Committee has received no departmental reports on H.R. 
1675.
         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown In roman):

                        ACT OF OCTOBER 15, 1966

(SECTIONS 4 AND 5 ARE ALSO KNOWN AS THE NATIONAL WILDLIFE REFUGE SYSTEM 
                      ADMINISTRATION ACT OF 1966)

AN ACT To provide for the conservation, protection, and propagation of 
 native species of fish and wildlife, including migratory birds, that 
are threatened with extinction; to consolidate the authorities relating 
to the administration by the Secretary of the Interior of the National 
             Wildlife Refuge System; and for other purposes
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Wildlife Refuge 
System Administration Act of 1966''.

SEC. 2. NATIONAL WILDLIFE REFUGE SYSTEM.
    [Sec. 4.] (a)(1) For the purpose of consolidating the 
authorities relating to the various categories of areas that 
are administered by the Secretary [of the Interior] for the 
conservation of fish and wildlife, including species that are 
threatened with extinction, all lands, waters, and interests 
therein administered by the Secretary as wildlife refuges, 
areas for the protection and conservation of fish and wildlife 
that are threatened with extinction, wildlife ranges, game 
ranges, wildlife management areas, or waterfowl production 
areas are hereby designated as the ``National Wildlife Refuge 
System'' (referred to herein as the ``System''), which shall be 
subject to the provisions of this section, and shall be 
administered by the Secretary through the United States Fish 
and Wildlife Service. With respect to refuge lands in the State 
of Alaska, those programs relating to the management of 
resources for which any other agency of the Federal Government 
exercises administrative responsibility through cooperative 
agreement shall remain in effect, subject to the direct 
supersvision of the United States Fish and Wildlife Service, as 
long as such agency agrees to exercise such responsibility.
    (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 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.
    (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; and
          (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.
    [(2)] (5) No acquired lands which are or become a part of 
the System may be transferred or otherwise disposed of under 
any provision of law (except by exchange pursuant to subsection 
(b)(3) of this section) unless--
          (A) the Secretary [of the Interior] determines with 
        the approval of the Migratory Bird Conservation 
        Commission that such lands are no longer needed for the 
        purposes for which the System was established; and
          (B) such lands are transferred or otherwise disposed 
        of for an amount not less than--
                  (i) the acquisition costs of such lands, in 
                the case of lands of the System which were 
                purchased by the United States with funds from 
                the migratory bird conservation fund, or fair 
                market value, whichever is greater; or
                  (ii) the fair market value of such lands (as 
                determined by the Secretary as of the date of 
                the transfer or disposal), in the case of lands 
                of the System which were donated to the System.
The Secretary shall pay into the migratory bird conservation 
fund the aggregate amount of the proceeds of any transfer or 
disposal referred to in the preceding sentence.
    [(3)] (6) Each area which is included within the System on 
January 1, 1975, or thereafter, and which was or is--
          (A) designated as an area within such System by law, 
        Executive order, or secretarial order; or
          (B) so included by public land withdrawal, donation, 
        purchase, exchange, or pursuant to a cooperative 
        agreement with any State or local government, any 
        Federal department or agency, or any other governmental 
        entity,
shall continue to be a part of the System until otherwise 
specified by Act of Congress, except that nothing in this 
paragraph shall be construed as precluding--
          (i) the transfer or disposal of acquired lands within 
        any such area pursuant to paragraph [(2)] (5) of this 
        subsection;
          (ii) the exchange of lands within any such area 
        pursuant to subsection (b)(3) of this section; or
          (iii) the disposal of any lands within any such area 
        pursuant to the terms of any cooperative agreement 
        referred to in subparagraph (B) of this paragraph.
    (b) In administering the System, the Secretary is [author- 
ized--] authorized to take the following actions:
          (1) [to enter] Enter into contracts with any person 
        or public or private agency through negotiation for the 
        provision of public accommodations when, and in such 
        locations, and to the extent that the Secretary 
        determines will not be inconsisted with the primary 
        purpose for which the affected area was established.
          (2) [to accept] Accept donations of funds and to use 
        such funds to acquire or manage lands or interests 
        therein[, and].
          (3) [to acquire] Acquire lands or interests therein 
        by exchange (A) for acquired lands or public lands, or 
        for interests in acquired or public lands, under his 
        jurisdiction which he finds to be suitable for 
        disposition, or (B) for the right to remove, in 
        accordance with such terms and conditions as he may 
        prescribe, products from the acquired or public lands 
        within the System. The values of the properties so 
        exchanged either shall be approximately equal, or if 
        they are not approximately equal the values shall be 
        equalized by the payment of cash to the grantor or to 
        the Secretary as the circumstances require.
          (4) Subject to standards established by and the 
        overall management oversight of the Director, enter 
        into cooperative agreements with State fish and 
        wildlife agencies and other entities for the management 
        of programs on, or parts of, a refuge.
    (c) No person shall knowingly disturb, injure, cut, burn, 
remove, destroy, or possess any real or personal property of 
the United States, including natural growth, in any area of the 
System; or take or possess any fish, bird, mammal, or other 
wild vertebrate or invertebrate animals or part or nest or egg 
thereof within any such area; or enter, use, or otherwise 
occupy any such area for any purpose; unless such activities 
are performed by persons authorized to manage such area, or 
unless such activities are permitted either under subsection 
(d) of this section or by express provision of the law, 
proclamation, Executive order, or public land order 
establishing the area, or amendment thereof: Provided, That the 
United States mining and mineral leasing laws shall continue to 
apply to any lands within the System to the same extent they 
apply prior to the effective date of this Act unless 
subsequently withdrawn under other authority of law. With the 
exception of endangered species and threatened species listed 
by the Secretary pursuant to section 4 of the Endangered 
Species Act of 1973 in States wherein a cooperative agreement 
does not exist pursuant to section 6(c) of that Act, nothing in 
this Act shall be construed to authorize the Secretary to 
control or regulate hunting or fishing of resident fish and 
wildlife on lands not within the system. The regulations 
permitting hunting and fishing of resident fish and wildlife 
within the System shall be, to the extent practicable, 
consistent with State fish and wildlife laws and regulations. 
[The provisions of this Act shall not 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.]
    (d)(1) The Secretary is authorized, under such regulations 
as he may prescribe, to--
          (A) permit the use of any area within the System for 
        any purpose, including but not limited to hunting, 
        fishing, public recreation and accommodations, and 
        access whenever he determines that such uses are 
        compatible with the major purposes for which such areas 
        were established: Provided, That not to exceed 40 per 
        centum at any one time of any area that has been, or 
        hereafter may be acquired, reserved, or set apart as an 
        inviolate sanctuary for migratory birds, under any law, 
        proclamation, Executive order, or public land order may 
        be administered by the Secretary as an area within 
        which the taking of migratory game birds may be 
        permitted under such regulations as he may prescribe 
        unless the Secretary finds that the taking of any 
        species of migratory game birds in more than 40 percent 
        of such area would be beneficial to the species; and
          (B) permit the use of, or grant easements in, over, 
        across, upon, through, or under any areas within the 
        System for purposes such as but not necessarily limited 
        to, powerlines, telephone lines, canals, ditches, 
        pipelines, and roads, including the construction, 
        operation, and maintenance thereof, whenever he 
        determines that such uses are compatible with the 
        purposes for which these area are established.
    (2) Notwithstanding any other provision of law, the 
Secretary [of the Interior] may not grant to any Federal, 
State, or local agency or to any private individual or 
organization any right-of-way, easement, or reservation in, 
over, across, through, or under any area within the system in 
connection with any use permitted by him under paragraph (1)(B) 
of this subsection unless the grantee pays to the Secretary, at 
the option of the Secretary, either (A) in lump sum the fair 
market value (determined by the Secretary as of the date of 
conveyance to the grantee) of the right-of-way, easement, or 
reservation; or (B) annually in advance the fair market rental 
value (determined by the Secretary) of the right-of-way, 
easement, or reservation. If any Federal, State, or local 
agency is exempted from such payment by any other provision of 
Federal law, such agency shall otherwise compensate the 
Secretary by any other means agreeable to the Secretary, 
including, but not limited to, making other land available or 
the loan of equipment or personnel; except that (A) any such 
compensation shall relate to, and be consistent with, the 
objectives of the National Wildlife Refuge System, and (B) the 
Secretary may waive such requirement for compensation if he 
finds such requirement impracticable or unnecessary. All sums 
received by the Secretary [of the Interior] pursuant to this 
paragraph shall, after payment of any necessary expenses 
incurred by him in administering this paragraph, be deposited 
into the Migratory Bird Conservation Fund and shall be 
available to carry out the provisions for land acquisition of 
the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) and 
the Migratory Bird Hunting Stamp Act (16 U.S.C. 718 et seq.).
    (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 1995, 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 compatible with the 
purposes of the refuge and the purposes of the System specified 
in subsection (a)(3).
    (ii) On lands added to the System after the date of the 
enactment of the National Wildlife Refuge Improvement Act of 
1995, 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 compatible with the purposes of the refuge or with the 
purposes of the System specified in subsection (a)(3), or is 
otherwise inconsistent with this Act.
    (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 with the purposes of the refuge and 
the purposes of the System specified in subsection (a)(3), 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 
1995, the Secretary shall issue final regulations establishing 
the process for determining a compatible use under subparagraph 
(A) 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);
          (vi) provide for the elimination or modification of 
        any use as expeditiously as practicable after a 
        determination is made that the use is not compatible;
          (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 4 years, to ensure that the use remains 
        compatible with the purposes of the refuge and the 
        purposes of the System specified in subsection (a)(3);
          (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 and hunting in a refuge are generally 
        compatible with the conservation of fish and wildlife 
        and plants and their habitats and with the purposes of 
        the refuge and the purposes of the System.
    (4) The provisions of this Act relating to determinations 
of the compatibility of a use shall not apply to--
          (A) overflights within the airspace of a refuge, 
        except as otherwise provided by law or a memorandum of 
        understanding with the Secretary; 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.
    (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 1995.
    (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 1995, 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 
        consistent with the purposes of each refuge comprising 
        the planning unit; 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.
    [(e)] (f) Any person who violates or fails to comply with 
any of the provisions of this Act or any regulations issued 
thereunder shall be fined under title 18, United States Code, 
or imprisoned for not more than 1 year, or both.
    [(f)] (g) Any person authorized by the Secretary [of the 
Interior] to enforce the provisions of this Act or any 
regulations issued thereunder, may, without a warrant, arrest 
any person violating this Act or regulations in his presence or 
view, and may execute any warrant or other process issued by an 
officer or court of competent jurisdiction to enforce the 
provisions of this Act or regulations, and may with a search 
warrant search for and seize any property, fish, bird, mammal, 
or other wild vertebrate or invertebrate animals or part or 
nest or egg thereof, taken or possessed in violation of this 
Act or the regulations issued thereunder. Any property, fish, 
bird, mammal, or other wild vertebrate or invertebrate animals 
or part or egg thereof seized with or without a search warrant 
shall be held by such person or by a United States marshal, and 
upon conviction, shall be forfeited to the United States and 
disposed of by the Secretary, in accordance with law. The 
Director of the United States Fish and Wildlife Service is 
authorized to utilized by agreement, with or without 
reimbursement, the personnel and services of any other Federal 
or State agency for purposes of enhancing the enforcement of 
this Act.
    [(g)] (h) Regulations applicable to areas of the System 
that are in effect on the date of enactment of this Act shall 
continue in effect until modified or rescinded.
    [(h)] (i) Nothing in this section shall be construed to 
amend, repeal, or otherwise modify the provision of the Act of 
September 28, 1962 (76 Stat. 653; 16 U.S.C. 460K-460K-4) which 
authorizes the Secretary [of the Interior] to administer the 
areas within the System for public recreation. The provisions 
of this section relating to recreation shall be administered in 
accordance with the provisions of said Act.
    [(i)] (j) Nothing in this Act shall constitute an express 
or implied claim or denial on the part of the Federal 
Government as to exemption from State water laws.
    (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.
    (l) 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.
    (m) 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.
    (n)(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 1995; or
          (C) affect any Federal or State law in existence on 
        the date of the enactment of the National Wildlife 
        Refuge Improvement Act of 1995 this Act 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).
    (o) 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.
    (p) Contracts for leasing land authorized by Public Law 88-
567 shall require that lessees comply with an integrated pest 
management (IPM) plan, as that term is defined in the 
Settlement Agreement entered in the litigation entitled 
Northwest Coalition for Alternatives to Pesticides et al v. 
Babbit, No. 94-6339-TC, United States District Court for the 
District or Oregon. Contracts for leasing such land shall not 
be subject to regulations or policies (including pesticides use 
proposals) related to the use of chemicals and pest management 
on lands in the System or lands administered by the Department 
of the Interior, that are more restrictive than the 
requirements of applicable State and Federal laws related to 
the use of chemicals and pest management practices on non-
Federal lands.
    [Sec. 5. (a) The term ``person'' as used in this Act means 
any individual, partnership, corporation, or association.
    [(b) The terms ``take'' or ``taking'' or ``taken'' as used 
in this Act mean to pursue, hunt, shoot, capture, collect, 
kill, or attempt to pursue, hunt, shoot, capture, collect, or 
kill.
    [(c) The terms ``State'' and the ``United States'' as used 
in this Act mean the several States of the United States, the 
Commonwealth of Puerto Rico, American Samoa, the Virgin 
Islands, and Guam.]
SEC. 5. DEFINITIONS.

    For purpose 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 has been previously 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; or
                  (B) is acquired by the Federal Government and 
                subsequently made available to a State--
                          (i) 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
                          (ii) 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.
          (6) The term ``person'' means any individual, 
        partnership, corporation or association.
          (7) 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.
          (8) The terms ``purposes of the refuge'' and 
        ``purposes of each refuge'' mean the purposes and uses 
        specified or authorized 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 a refuge subunit.
          (9) 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.
          (10) The term ``Secretary'' means the Secretary of 
        the Interior.
          (11) 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.
          (12) The term ``System'' means the National Wildlife 
        Refuge System designated under section 4(a)(1).
          (13) 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.
    [Sec. 6. Section 4(b) of the Act of March 16, 1934 (48 
Stat. 451), as amended (16 U.S.C. 718d(b)), is further amended 
by changing the colon after the word ``areas'' to a period and 
striking the provisos, which relate to hunting at certain 
wildlife refuges and which are now covered by section 4 of this 
Act.
    [Sec. 7. (a) Sections 4 and 12 of the Migratory Bird 
Conservation Act (45 Stat. 1222), as amended (16 U.S.C. 715c 
and 715k), are further amended by deleting the word ``game'' 
wherever it appears.
    [(b) Section 10 of the Migratory Bird Conservation Act (45 
Stat. 1224), as amended (16 U.S.C. 715i), which relates to the 
administration of certain wildlife refuges, is amended to read 
as follows:
    [``Sec. 10. (a) Areas of lands, waters, or interests 
therein acquired or reserved pursuant to this Act shall, unless 
otherwise provided by law, be administered by the Secretary of 
the Interior under rules and regulations prescribed by him to 
conserve and protect migratory birds in accordance with treaty 
obligations with Mexico and Canada, and other species of 
wildlife found thereon, including species that are threatened 
with extinction, and to restore or develop adequate wildlife 
habitat.
    [``(b) In administering such areas, the Secretary is 
authorized to manage timber, range, and agricultural crops; to 
manage other species of animals, including but not limited to 
fenced range animals, with the objectives of perpetuating, 
distributing, and utilizing the resources; and to enter into 
agreements with public and private agencies.''
    [(c) Section 11 of the Migratory Bird Conservation Act (45 
Stat. 1224) (16 U.S.C. 715j) is amended by striking the period 
at the end thereof and adding the following: ``(39 Stat. 1702) 
and the treaty between the United States and the United Mexican 
States for the protection of migratory birds and game mammals 
concluded February 7, 1936 (50 Stat. 1311).''
    [(d) Sections 13 and 14 of the Migratory Bird Conservation 
Act (45 Stat. 1225), as amended (16 U.S.C. 715l and 715m), 
which provide for the enforcement of said Act and for penalties 
for violations thereof and which are covered by section 4 of 
this Act, are repealed.
    [Sec. 8. (a) Sections 302 and 303 of title III of the Act 
of June 15, 1935 (49 Stat. 382), as amended (16 U.S.C. 715d-1 
and 715d-2), which authorize exchanges at wildlife refuges and 
which are covered by section 4 of this Act, are repealed.
    [(b) The last sentence of section 401(a) of the Act of June 
15, 1935 (49 Stat. 383), as amended (16 U.S.C. 715s), is 
amended by inserting after the term ``wildlife refuges'', the 
following: ``lands acquired or reserved for the protection and 
conservation of fish and wildlife that are threatened with 
extinction,''.
    [Sec. 9. The first clause in section 1 of the Act of 
September 28, 1962 (76 Stat. 653), is amended by deleting the 
words ``national wildlife refuges, games ranges,'' and 
inserting therein ``areas within the National Wildlife Refuge 
System,''.
    [Sec. 10. (a) The first sentence in section 1 of the Act of 
August 22, 1957 (71 Stat. 412; 16 U.S.C. 696), is amended to 
read as follows:
    [``Sec. 1. In order to protect and preserve in the national 
interest the key deer and other wildlife resources in the 
Florida Keys, the Secretary of the Interior is authorized to 
acquire by purchase, lease, exchange, and donations, including 
the use of donated funds, such lands or interests therein in 
townships 65 and 66 south, ranges 28, 29, and 30 east, Monroe 
County, Florida, as he shall find to be suitable for the 
conservation and management of the said key deer and other 
wildlife: Provided, That no lands within a one thousand-foot 
zone adjacent to either side of United States Highway Numbered 
1 in Monroe County shall be acquired for the Key Deer National 
Wildlife Refuge by condemnation. The Secretary, in the exercise 
of his exchange authority, may accept title to any non-Federal 
property in townships 65 and 66 south, ranges 28, 29, and 30 
east, Monroe County, Florida, and in exchange therefor convey 
to the grantor of such property any federally owned property in 
the State of Florida under his jurisdiction which he classifies 
as suitable for exchange or other disposal. The values of the 
properties so exchanged either shall be approximately equal, or 
if they are not approximately equal the values shall be 
equalized by the payment of cash to the grantor or to the 
Secretary as the circumstances require.''
    [(b) Section 3 of such Act of August 22, 1957 (16 U.S.C. 
696b), is amended by striking out the second and third 
sentences and inserting in lieu thereof the following: ``The 
Secretary shall not utilize more than $2,035,000 from 
appropriated funds for the acquisition of land and interests in 
land for the purposes of this Act.'']
                              ----------                              --
--------


               SECTION 12 OF THE ACT OF DECEMBER 5, 1969

  AN ACT To prevent the importation of endangered species of fish or 
wildlife into the United States: to prevent the interstate shipment of 
 reptiles, amphibians, and other wildlife taken contrary to State law: 
                         and for other purposes

    Sec. 12. (a) * * *
          * * * * * * *
    [(f) The provisions of sections 4 and 5 of the Act of 
October 15, 1966 (80 Stat. 929; 16 U.S.C. 668dd-668ee), as 
amended, shall hereinafter be cited as the ``National Wildlife 
Refuge System Administration Act of 1966''.]
DISSENTING VIEWS OF HON. GEORGE MILLER, HON. GERRY E. STUDDS, HON. SAM 
          FARR, HON. NEIL ABERCROMBIE, AND HON. SAM GEJDENSON

    This bill has a number of important goals, including the 
establishment of a mission and purposes of the National 
Wildlife Refuge System (the System), and the assignment of 
clear duties of the Secretary of the Interior in administering 
the System. We support these goals. In addition, a number of 
improvements were made to the bill before and after 
Subcommittee markup. However, by elevating wildlife-dependent 
recreational uses of refuges to purposes of the System, and by 
limiting the ability of the Fish and Wildlife Service (the 
Service) to fully and objectively evaluate the suitability of 
these activities on individual refuges, the bill moves the 
System away from its original and fundamental purpose.
    Since the establishment of the first national wildlife 
refuge at Pelican Island, Florida, in 1903, the fundamental 
purpose of the System has been the conservation of fish, 
wildlife, and their habitat. We recognize that as the country 
has become more urbanized, public lands, such as wildlife 
refuges, have become increasingly important in providing 
outdoor recreational opportunities for the public. The 1962 
Refuge Recreation Act and the National Wildlife Refuge System 
Administration Act of 1966 (the Refuge Administration Act) 
allow the use of wildlife refuges for a variety of public 
recreational activities, where these activities are determined 
to be appropriate and compatible with the purposes of the 
refuge. We strongly support this practice and we acknowledge 
that sportsmen and sportswomen are among the strongest 
supporters of the System. However, to maintain the value of 
these lands for fish and wildlife conservation, there must be a 
clear standard of compatibility and an objective process for 
determining compatibility. We have concerns with both of these 
aspects of the bill.
    We do not take issue with the bill's definition of a 
``compatible use''. It is the same definition used by the 
Service's wildlife managers in the field. The problem in 
translating this administrative definition into a legislative 
definition is that the Service does not consider fish- and 
wildlife-dependent recreational activities, including hunting 
and fishing, to be ``purposes of the System''. By making the 
provision of ``compatible fish- and wildlife-dependent 
recreational activities'' one of the purposes of the System, 
the Committee has made the definition circular. In other words, 
how does a wildlife manager decide whether or not an activity 
is compatible if one standard for compatibility is not 
interfering with the fulfillment of the purposes of the System 
and that activity, if compatible, has been established by 
legislation to be a purpose of the System?
    Section 5 of the bill establishes standards and procedures 
for determining the compatibility of activities on national 
wildlife refuges. This section inserts several new provisions 
into the 1966 Refuge Administration Act that create a bias in 
favor of allowing hunting and fishing activities on refuges. We 
agree with the statement in the new clause 3(B)(x) that, when 
managed in accordance with the ``principles of sound fish and 
wildlife management'', fishing and hunting in a refuge are 
generally compatible with fish and wildlife conservation, but 
this clause goes on to establish a presumption of compatibility 
with the purposes of a refuge and of the System. The new clause 
3(A)(iii) requires the Secretary to permit fishing and hunting 
on a refuge if those activities are: consistent with the 
principles of sound fish and wildlife management; compatible 
with the purposes of the refuge and of the System; and 
consistent with public safety. The combined effect of these 
provisions is to presume fulfillment of one of the criteria of 
clause (iii) and to create a new criterion--consistency with 
sound principles of fish and wildlife management, which is not 
defined in the bill.
    By requiring no additional determinations or findings, 
clause (iii) overturns the 1962 Refuge Recreation Act, which 
permits recreational activities on wildlife refuges only when 
funds are available for the proper management of these 
activities. It is difficult to imagine that it would be 
consistent with sound fish and wildlife management to permit 
fishing and hunting without adequate funding for proper 
supervision of the program. While we concur with language in 
the accompanying report clarifying the Committee's intent on 
this point, we believe the Committee's intent would have been 
made more clearly by including a requirement for adequate 
funding in the bill.
    New clauses 3(B) (vii) and (viii) establish the maximum 
intervals between compatibility reviews for activities on 
wildlife refuges. While the bill requires all other activities 
to be reviewed at least every 4 years for compatibility, it 
would allow up to 15 years to elapse between reviews of the 
compatibility of fish and wildlife-dependent recreational uses. 
Not knowing the administrative burden or the management 
considerations involved, we do not presume to know what the 
appropriate interval between compatibility reviews should be. 
However, from a wildlife management standpoint alone, it would 
seem that activities directly involving wildlife, particularly 
those that involve taking fish and wildlife, should be reviewed 
for compatibility at least as often as activities that do not 
directly affect wildlife populations. Setting a longer maximum 
interval between compatibility reviews for fish- and wildlife-
dependent uses could allow activities detrimental to the 
conservation purposes of a refuge or of the System to continue 
unchecked for many years.
    Lastly, two amendments adopted at full Committee markup of 
H.R. 1675 will severely impede the Service's ability to fulfill 
its responsibilities within the System. An amendment offered by 
Mr. Cooley prohibits the Service from imposing restrictions 
designed to protect fish and wildlife in the Tule Lake and 
Lower Klamath National Wildlife Refuges from harmful effects of 
pesticides.
    The Kuchel Act, which authorizes the Secretary of the 
Interior to lease lands for farming within these refuges, 
states that:

        . . . [refuge] lands shall be administered by the 
        Secretary of Interior for the major purpose of 
        waterfowl management, but with full consideration to 
        optimum agricultural use that is consistent therewith . 
        . .

    To fulfill its primary responsibility for waterfowl 
management in these refuges, the service has imposed 
restrictions on the use of pesticides on leased lands within 
the refuges in response to documented harm to wildlife from 
pesticide exposure in the Klamath Basin. These restrictions are 
consistent with an agency-wide policy on pest management. By 
exempting lessees from any regulations or policies that are 
more restrictive than other federal or state laws related to 
the use of pesticides, which are based primarily on human 
health and safety considerations, the Cooley amendment ignores 
the special responsibilities of the Service to manage waterfowl 
in the Klamath Basin refuges.
    The Cooley amendment does not confine itself to problems 
specific to the Klamath Basin refuges. It also amended the 
definition of ``purposes of the refuge'' to include ``uses 
specified or authorized in or derived from'' the law or 
administrative instrument establishing any refuge. All uses of 
refuges are allowed, either directly or indirectly, pursuant to 
such authorities. The bill clearly distinguishes between a 
``compatible use'' and a ``purpose of the refuge'' by defining 
them separately. The Cooley amendment blurs the distinction 
between these two terms. As a result, the Service will be 
unable to impose legitimate restrictions on secondary uses of 
refuges because they will be indistinguishable from purposes of 
a refuge in the eyes of the law.
    An amendment offered by Mr. Pombo fundamentally alters the 
way that national wildlife refuges are established. It would 
require specific authorization by Congress of any new refuges 
established using amounts appropriated from the Land and Water 
Conservation Fund. Currently, refuges may either be established 
administratively by the Service or by legislation. Of the more 
than 500 refuges that comprise the System, only 16 have been 
specifically established by legislation.
    The primary use of Land and Water Conservation Fund monies 
by the Service is for acquisition of wetlands and endangered 
species habitat. All current acquisitions using Land and Water 
Conservation Fund monies are for fair market value for willing 
sellers. Although the Service has condemnation authority, it 
has not acquired any property through condemnation since 1988, 
and has no plans to do so in the future. Debate continues on 
how best to protect endangered species habitat and private 
property rights. Regardless of one's position on these issues, 
fee title acquisition of wetlands and endangered species 
habitat remains the most effective means of protecting these 
kinds of habitat, and is the least burdensome to landowners. It 
is inconsistent with support of private property rights to 
raise additional obstacles to these activities.

                                   George Miller.
                                   Sam Farr.
                                   Sam Gejdenson.
                                   Gerry Studds.
                                   Neil Abercrombie.
                            A P P E N D I X

                              ----------                              

                          House of Representatives,
                                    Committee on Resources,
                                     Washington, DC, July 14, 1995.
Hon. Pat Roberts,
Chairman, Committee on Agriculture, Longworth House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: On July 12, 1995, the Committee on 
Resources reported out H.R. 1675, the National Wildlife Refuge 
Improvement Act of 1995. During that markup, Congressman Wes 
Cooley successfully offered an amendment which touches on the 
subject of pesticide use in the Lower Klamath and Tule Lake 
National Wildlife Refuges. I have enclosed a copy of the 
amendment.
    Knowing that the Committee on Agriculture has jurisdiction 
over the Federal Insecticide, Fungicide, and Rodenticide Act 
and the application of pesticides, I would appreciate your 
willingness to waive the Committee's right to a sequential 
referral of H.R. 1675 based on the language of the amendment. 
Of course, I would support your request to the Speaker to be 
named as a conferee on this provision if a conference is called 
on the bill.
    H.R. 1675 is a bill which has bipartisan support and will 
greatly enhance the Nations' ability to manage and conserve 
fish and wildlife resources, including endangered species, on 
the 504 refuges in the National Wildlife Refuge System. Once 
again, I appreciate your cooperation in these jurisdictional 
issues and would be happy to include this letter and your 
response in the report on H.R. 1675.
            Sincerely,
                                               Don Young, Chairman.
    Enclosure.
        Amendments to the Committee Print Offered by Mr. Cooley

    Page 3, beginning at line 20, strike ``specified in or 
derived from'' and insert ``and uses specified or authorized in 
or derived from''.
    Page 16, line 9, insert after ``problems'' the following: 
``consistent with the purposes of each refuge comprising the 
planning unit''.
    Page 19, strike the close quotation marks and the second 
period at line 9, and after line 9 insert the following new 
subsection:
    ``(p) Contracts for leasing land authorized by Public Law 
88-567 shall require that lessees comply with an integrated 
pest management (IPM) plan, as that term is defined in the 
Settlement Agreement entered in the litigation entitled 
Northwest Coalition for Alternatives to Pesticides et al v. 
Babbit, No. 94-6339-TC, United States District Court for the 
District or Oregon. Contracts for leasing such land shall not 
be subject to regulations or policies (including pesticide use 
proposals) related to the use of chemicals and pest management 
on lands in the System or lands administered by the Department 
of the Interior, that are more restrictive than the 
requirements of applicable State and Federal laws related to 
the use of chemicals and pest management practices on non-
Federal lands.''.
                                ------                                

                          House of Representatives,
                                  Committee on Agriculture,
                                     Washington, DC, July 17, 1995.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: Thank you for your letter regarding H.R. 
1675, the National Wildlife Refuge Improvement Act of 1995.
    I agree that the Committee on Agriculture has a 
jurisdictional interest in the amendment adopted by the 
Committee regarding the use of chemicals and other pesticide 
control measures on two National Wildlife Refuges located in 
Oregon and California. Knowing of your interest in moving H.R. 
1675 to a vote before the House of Representatives as quickly 
as possible, I will agree to forego a sequential referral of 
the bill, but without prejudice to any similar provision which 
may be offered to other Resource Committee bills in the future. 
Also, should this legislation go to a House-Senate conference, 
the Committee on Agriculture reserves the right to request to 
be included as conferees on any provisions within this 
Committee's jurisdiction. I also ask that you include this 
response in your Committee report on the bill.
    I look forward to working with you on this measure and 
congratulate you on your legislation.
            Sincerely,
                                             Pat Roberts, Chairman.