[Senate Report 104-257]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 385
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-257
_______________________________________________________________________


 
                   KENTUCKY NATIONAL WILDLIFE REFUGE
                                _______


                 April 25, 1996.--Ordered to be printed

_______________________________________________________________________


    Mr. Chafee, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1611]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 1611), to establish the Kentucky National 
Wildlife Refuge, and for other purposes, having considered the 
same, reports favorably thereon and recommends that the bill do 
pass.

                           general statement

    The purpose of S. 1611 is to establish the Kentucky 
National Wildlife Refuge in western Kentucky. The bill also 
directs the Secretary to prepare a comprehensive management 
plan for the development and operation of the refuge and 
authorizes to be appropriated such sums as are necessary to 
carry out the Act.

                               background

    The National Wildlife Refuge System was established in 1903 
by President Roosevelt and is the only system of Federal lands 
acquired and managed primarily for fish and wildlife. Today, 
the refuge system includes 508 refuges totaling over 92 million 
acres. Kentucky is the sole State in the Nation without its own 
independently-managed refuge.
    The Kentucky National Wildlife Refuge would consist of 
20,000 acres of bottomland hardwood and associated wetlands 
along the Clarks River and the East Fork of the Clarks River in 
Graves, Marshall, and McCracken Counties, Kentucky. The 
proposed refuge area, known as the Clarks River Basin, was 
first identified as a high priority site for protection in 1978 
by the U.S. Fish and Wildlife Service. In 1991, the Kentucky 
Department of Fish and Wildlife Resources asked the U.S. Fish 
and Wildlife Service to consider the site for protection as a 
unit in the National Wildlife Refuge System. In June 1995, the 
U.S. Fish and Wildlife Service completed its Preliminary 
Project Proposal to establish the refuge. Habitat within the 
area supports a diverse variety of wildlife. The bottomland 
hardwoods provide ideal habitat for wood ducks, white-tailed 
deer, wild turkey, and neotropical migratory birds. Many 
nongame migratory birds inhabit the area including woodpeckers, 
chickadees, and hawks. Some of the waterfowl that winter in the 
Clarks River Basin include mallards, black ducks and ring-
necked ducks. Bald eagles, federally listed under the 
Endangered Species Act, also frequent the area during the 
winter months.

                            committee action

    S. 1611 was introduced on March 13, 1996 by Senator 
McConnell. The bill was referred to the Committee on 
Environment and Public Works. The committee held no hearings on 
S. 1611, and on March 28, 1996, reported the bill favorably by 
voice vote.

                      section-by-section analysis

Section 1. Short Title

    Section 1 sets forth the short title for this bill as the 
``Kentucky National Wildlife Refuge Authorization Act.''

Section 2. Findings

    Section 2 identifies the Clarks River Basin as being 
located along the Clarks River and the East Fork of the Clarks 
River in Graves, Marshall, and McCracken Counties, Kentucky. 
This area consists of 20,000 acres of bottomland hardwood and 
associated wetlands and is the only major, natural bottomland 
hardwood wetland ecosystem in western Kentucky. The Clarks 
River Basin is critically important to a variety of migratory 
and resident waterfowl, neotropical migratory birds, forest 
wildlife, riverine species, and other species associated with 
bottomland wetlands. This area also affords recreational, 
research and educational opportunities for the public and has 
been identified by the U.S. Fish and Wildlife Service 
(Southeast Region) in a preliminary project proposal plan as 
deserving permanent protection. Section 2 also finds that since 
agriculture and silviculture are essential to the local economy 
and can contribute to healthy ecosystems for wildlife, the 
refuge should not restrict those activities on private lands.

Section 3. Purpose

    Section 3 states that the purpose of the bill is to 
establish the Kentucky National Wildlife Refuge. Specifically, 
the refuge is intended to be established and managed to provide 
for the conservation of fish and wildlife populations and their 
habitats; preserve and showcase biodiversity and ecosystem 
management concepts; enhance and provide a link to public areas 
containing habitat for waterfowl and other migratory birds; 
fulfill the United States' international treaty obligations 
with respect to fish and wildlife and their habitats; restore 
and maintain the physical and biological integrity of wetlands 
and other waters within the refuge; conserve species threatened 
with extinction; and provide opportunities for scientific 
research, environmental education, and fish-and-wildlife-
related recreation, to the extent compatible with the refuge's 
other purposes.

Section 4. Definitions

    Section 4 defines the following four terms for this bill: 
``land''; ``refuge''; ``Secretary''; and ``water''.

Section 5. Establishment of Refuge

    Section 5 directs the Secretary to establish a staffed and 
fully functional national wildlife refuge to be known as the 
``Kentucky National Wildlife Refuge.'' The Secretary is 
directed to consult with appropriate State and local officials, 
private conservation organizations, and other interested 
parties in designating the boundaries of the refuge; prepare a 
detailed map that is available for public inspection and 
depicts the designated boundaries; and ensure that the lands, 
aquatic systems, wetlands and waters depicted on the map are 
included within the refuge boundaries. The Secretary is also 
authorized to make minor revisions to refuge boundaries as are 
necessary to carry out the purposes of the refuge and to 
facilitate acquisition of property in the refuge. Section 5 
also provides that the Secretary may acquire lands and waters 
within designated boundaries for inclusion in the refuge by 
purchase from willing sellers, donation, or exchange.

Section 6. Administration

    Section 6 directs the Secretary to administer all acquired 
lands and waters in accordance with the National Wildlife 
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
seq.). The Secretary is authorized to use additional available 
authority for the conservation and development of fish, 
wildlife, and natural resources, the development of outdoor 
recreational opportunities, and interpretative education. The 
Secretary is directed to prepare a comprehensive management 
plan for the development and operation of the refuge within 18 
months of enactment of this bill. Section 6 specifies contents 
of the management plan and directs the Secretary to provide 
opportunity for public participation in its development. 
Section 6 further directs the Secretary to work with, provide 
technical assistance to, provide community outreach and 
education programs for or with, or enter into cooperative 
agreements with private landowners, State and local governments 
or agencies, and conservation organizations to further the 
purpose for which the refuge is established.

Section 7. Gifts

    Section 7 directs the Director of the U.S. Fish and 
Wildlife Service to request that the National Fish and Wildlife 
Foundation take appropriate measures to encourage, accept, and 
administer private gifts of property or funds to further the 
bill's purpose.

Section 8. Authorization of Appropriations

    Section 8 authorizes to be appropriated such sums as are 
necessary to carry out the Act.

                                hearings

    No hearings were held on the bill. Comments submitted by 
the Department of the Interior on S. 1611 follow:

                   U.S. Department of the Interior,
                                 Fish and Wildlife Service,
                                                    April 12, 1996.
Hon. John Chafee,
Chairman, Committee on Environment and Public Works,
United States Senate, Washington, DC.
    Dear Mr. Chairman: This is in response to your request for 
our views on S. 1611, to establish the Kentucky National 
Wildlife Refuge.
    The Fish and Wildlife Service has been working with the 
State of Kentucky for several years in an effort to establish a 
refuge based in Kentucky, and the lands covered by S. 1611 are 
the result of this effort.
    We would accordingly hope to be able to work with the 
committee and the Kentucky Senators to secure enactment of the 
bill.
    However, we strongly oppose S. 1611 unless the prohibition 
on the use of condemnation found in section 5(d) is removed 
from the bill. If this is done, we would strongly support 
enactment of the bill.
    No condemnation is planned for any aspect of this project. 
The Fish and Wildlife Service's policy and history is to rely 
on willing sellers for land acquisition, reserving adverse 
condemnation for rare instances of an imminent threat to public 
resources that cannot be otherwise resolved.
    In the last 10 years, for example, only 15,773 acres were 
condemned, from 4 owners, or less than 1/10th of 1 percent of 
the 1,473,214 acres purchased from 6,038 owners. Since 1988 the 
Fish and Wildlife Service has had no condemnations except with 
the consent of the owner, to settle price differences or clear 
titles (such ``friendly condemnations'' are not included in the 
above figures). We have provided the committee staff and 
Senators Ford and McConnell's staffs with a paper explaining 
this policy, which also contains these numbers in more detail.
    In addition, Fish and Wildlife Service policy requires that 
before engaging in a ``declaration of taking,'' which is the 
usual form of condemnation without the consent of the owner, 
there is consultation with the authorizing and appropriations 
committees, and with the Members of Congress representing the 
area in question. It is not an action undertaken lightly.
    Despite the rarity of such condemnation, however, the 
Administration is not willing to forego this authority, as a 
means of last resort, to protect the public's resources, nor to 
agree to the precedent that would be set if we supported the 
prohibition. In the current climate, we would anticipate 
subsequent efforts to void condemnation authority generally for 
the National Wildlife Refuge System.
    Neither the plans for the Kentucky refuge nor the track 
record of the Fish and Wildlife Service warrant this 
restriction.
    We would hope for an opportunity to work with the committee 
and the sponsor to resolve this issue in a manner which would 
permit us to support enactment of S. 1611 as reported.
            Sincerely,
                                           George Frampton,
               Assistant Secretary for Fish and Wildlife and Parks.

                             rollcall votes

    Section 7(b) of rule XXVI of the Standing Rules of the 
Senate and the rules of the Committee on Environment and Public 
Works require that any rollcall votes taken during 
consideration of legislation be noted in the report on that 
legislation.
    At the business meeting of the Committee on Environment and 
Public Works on March 28, 1996, the bill S. 1611 was ordered to 
be reported favorably by voice vote. No rollcall vote was 
taken.

                           regulatory impact

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact of the bill.
    The bill does not create any additional regulatory burdens.

                          cost of legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 25, 1996.
Hon. John H. Chafee,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed S. 1611, the Kentucky National Wildlife Refuge 
Authorization Act, as ordered reported by the Senate Committee 
on Environment and Public Works on March 28, 1996. Based on the 
information available at this time and assuming appropriation 
of the necessary amounts, CBO estimates that the Federal 
Government would spend between $15 million and $20 million over 
the next 6 years to acquire and develop property necessary to 
establish the proposed refuge. In addition, beginning in fiscal 
year 1997, the Government would incur annual expenses of about 
$300,000, rising to about $800,000 by 2002, to administer the 
site, also assuming appropriation of the necessary sums. These 
costs are highly uncertain because they would depend on the 
outcome of property appraisals that have not yet been 
undertaken and on boundary determinations and other planning 
decisions that will not be finalized for several years.
    S. 1611 would direct the Secretary of the Interior to 
establish the Kentucky National Wildlife Refuge on about 20,000 
acres of land along the Clarks River and the Fast Fork of the 
Clarks River. The new refuge would be administered by the U.S. 
Fish and Wildlife Service (USFWS) for the purposes of public 
education, scientific research, recreation, and conservation of 
natural resources. For such purposes, the bill would: Authorize 
the USFWS to acquire property within the refuge by purchase 
from willing sellers, donation, or exchange; direct the agency 
to construct any necessary administrative and maintenance 
buildings; require the USFWS to prepare a management plan for 
the refuge that provides for the development of appropriate 
observation points, trails, parking lots, and other facilities; 
and direct that the agency provide for public outreach and 
education through technical assistance, community programs, and 
cooperative agreements.
    Finally, S. 1611 would authorize the appropriation of 
whatever amounts are necessary for these activities.
    Although formal property appraisals and boundary studies 
have not yet been undertaken, CBO estimates that the USFWS 
would spend between $12 million and $16 million to acquire land 
for the new refuge. Expenditures would depend on how many acres 
are purchased and on their appraised value. We estimate that 
the agency would spend an additional $3 million to $4 million 
for other up-front activities, including restoring resources 
and constructing buildings and visitor facilities. Once 
acquisition of refuge lands has begun, the agency would spend 
about $300,000 initially for annual planning and maintenance 
costs. Once all acquisition and development of refuge lands has 
been completed, annual costs, including payments to local 
governments under the Refuge Revenue Sharing Act, would be 
about $800,000.
    For purposes of this estimate, CBO assumes that S. 1611 
will be enacted by the end of fiscal year 1996, and that the 
entire amounts estimated to be necessary will be appropriated 
as needed. Estimated costs are based on information provided by 
the USFWS and local officials.
    S. 1611 contains no private sector or intergovernmental 
mandates as defined in Public Law 104-4 and would impose no 
direct costs on State, local, or tribal governments. Enactment 
of S. 1611 would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         June E. O'Neill, Director.

                        CHANGES IN EXISTING LAW

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes to existing law must be shown if 
applicable. No change to existing law would occur with passage 
of this legislation.