[Senate Report 105-310]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 549
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-310
_______________________________________________________________________


 
        NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT ACT OF 1998

                                _______
                                

               September 8, 1998.--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. 2317]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2317) to improve the National Wildlife 
Refuge System, and for other purposes, having considered the 
same, reports favorably thereon with amendments and recommends 
that the bill, as amended, do pass.

          General Statement and Objectives of the Legislation

    The first National Wildlife Refuge was established on 
Pelican Island in 1903 by President Roosevelt. What started out 
as one small island in Florida now includes 514 refuges, 
totaling approximately 93 million acres. The National Wildlife 
Refuge System is the only network of Federal lands devoted 
primarily to wildlife. The refuge system includes a wide 
variety of the nation's ecosystems: tundra, deserts, forests, 
rivers, marshes, prairie potholes, swamps, mountains, prairie 
grassland and islands.
    S. 2317 was drafted by the Fish and Wildlife Service and 
introduced at the request of the Administration by Senator 
Chafee. This legislation makes several changes to the National 
Wildlife Refuge System. The bill removes three areas from the 
Refuge System because they have lost the wildlife values. The 
bill modifies the name of the Klamath Forest National Wildlife 
Refuge in Oregon. Finally, the bill amends the National 
Wildlife Refuge System Administration Act of 1966 to provide a 
lower penalty for unintentional violations of the Act.

                      Section-by-Section Analysis

Section 1. Short Title
    Section 1 sets forth the short title for this bill as the 
``National Wildlife Refuge System Improvement Act of 1998''.
Section 2. Upper Mississippi River National Wildlife and Fish Refuge
     Section 2 transfers 37.36 acres within the Upper 
Mississippi River Wildlife and Fish Refuge in Minnesota to the 
U.S. Army Corps of Engineers (the Corps). This area has been 
developed for recreational purposes and has lost its original 
wildlife values. The Corps manages the adjoining lands for 
recreational purposes, and transfer of this area to the Corps 
will increase management efficiency.
Section 3. Killcohook Coordination Area
    Section 3 eliminates U.S. Fish and Wildlife Service 
secondary jurisdiction over 1,439.26 acres in Delaware and New 
Jersey, known as the ``Killcohook Coordination Area''. 
Executive Order Number 6582, issued February 3, 1934, 
established the area as a migratory bird refuge, subject to the 
continued availability of the land to the Corps for utilization 
as a dredge spoil disposal site. Executive Order Number 8648, 
issued January 23, 1941, designated the area as a National 
Wildlife Refuge, subordinate to the primary use by the Corps. 
Over the years the area has become covered with spoil and now 
has no remaining waterfowl value. In addition to terminating 
the Service's jurisdiction over this area, section 3 revokes 
the Executive Orders.
Section 4. Lake Elsie National Wildlife Refuge
    Section 4 removes an easement that allows the Service to 
prohibit hunting of migratory birds on 634.7 acres of land and 
water at Lake Elsie, North Dakota. The easement was granted to 
the Service by Executive Order Number 8152, issued June 12, 
1939. Although the easement permits the Service to maintain a 
waterfowl refuge, the easement lands are privately owned and 
the State of North Dakota owns the lake. Substantial 
development in the area has reduced the suitability of the area 
for migratory birds to such an extent that the refuge 
designation is meaningless. In addition to terminating the 
Service's jurisdiction over this area, section 4 revokes the 
Executive Order.
Section 5. Klamath Forest National Wildlife Refuge
    Section 5 changes the name of the ``Klamath Forest National 
Wildlife Refuge'' to the ``Klamath Marsh National Wildlife 
Refuge''. The current name leads visitors to assume that the 
area is a National Forest, which causes misunderstandings about 
what activities are permitted.
Section 6. Violation of National Wildlife Refuge System Administration 
        Act
    Section 6 reduces the penalty for unintentionally committed 
violations of the National Wildlife Refuge System 
Administration Act of 1966 (the Act). Currently, all violations 
are Class A misdemeanors with a maximum prison sentence of one 
year. This section lowers the penalty for unintentional 
violations (those not ``knowingly'' committed) to a Class B 
misdemeanor, with a maximum prison sentence of 180 days. Unlike 
Class B misdemeanors, Class A misdemeanors would require a 
showing that the person acted ``knowingly,'' that is, acted 
voluntarily and intentionally, not through ignorance, mistake, 
or accident. The ``knowingly'' requirement, however, does not 
require proof that the person acted with knowledge that his or 
her acts were unlawful.
    The bill, as introduced, also included new authority for 
forfeiture of equipment used to aid the commission of a 
violation of the Act, upon conviction of a Class A misdemeanor. 
In addition, it included language incorporating the 
administrative process used to seize, forfeit, and condemn 
property for a violation of U.S. customs laws. Although both of 
these provisions were subsequently deleted as a result of an 
amendment adopted by the committee, the need for this 
additional authority should be reevaluated after the Service 
has had an opportunity to implement and assess the 
effectiveness of the new two-tiered penalty structure.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill. The reported bill 
will have no regulatory impact. This bill will not have any 
adverse impact on the personal privacy of individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 2095 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments. All of its governmental 
directives are imposed on Federal agencies. The bill does not 
directly impose any private sector mandates.

                          Legislative History

    S. 2317 was introduced on July 16, 1998 by Senator Chafee 
at the request of the Administration. No hearings were held on 
this bill. On Wednesday, July 29, 1998 the Committee on 
Environment and Public Works held a business meeting to 
consider this bill. Senator Chafee offered an amendment during 
the full committee business meeting that strikes the forfeiture 
provision in the bill. The amendment was adopted by voice vote. 
S. 2317, as amended, was favorably reported out of the 
committee by voice vote.

                          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, August 19, 1998.

Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2317, the National 
Wildlife Refuge System Improvement Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for Federal spending), who can be reached at 226-2860, 
and Hester Grippando (for government receipts), who can be 
reached at 225-2720.

            Sincerely,
                                           June E. O'Neill,
                                                          Director.
                                ------                                


               Congressional Budget Office Cost Estimate

S.2317, National Wildlife Refuge System Improvement Act of 
1998, as ordered reported by the Senate Committee on 
Environment and Public Works on July 29, 1998.

    CBO estimates that enacting S. 2317 would have no effect on 
Federal discretionary spending. The bill could affect 
governmental receipts; therefore, pay-as-you-go procedures 
would apply, but CBO estimates that any such effect would be 
negligible. The bill contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would have no significant impact on the budgets of State, 
local, or tribal governments.
    S. 2317 would transfer jurisdiction over certain wildlife 
refuge lands from the U.S. Fish and Wildlife Service (USFWS) to 
other Federal and nonfederal entities. These transfers would 
have no effect on the budget of either the USFWS or the 
receiving agency.
    The bill also would reduce the penalty for unintentional 
violations of the National Wildlife Refuge System Act by 
recategorizing them from Class A misdemeanors to Class B 
misdemeanors, thus making them easier to prosecute. The change 
would lower the maximum fine for such violations from $100,000 
to $5,000. Based on information provided by the USFWS, CBO 
estimates that this provision would have a negligible effect on 
governmental receipts because any receipts forgone as a result 
of the reduction in the maximum penalty is likely to be more or 
less offset in any given year by additional fines collected as 
a result of an increase in prosecutions.
    The CBO staff contacts are Deborah Reis (for Federal 
spending), who can be reached at 226-2860, and Hester Grippando 
(for governmental receipts), who can be reached at 226-2720. 
This estimate was approved by Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, 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:

                           United States Code

                         TITLE 16--CONSERVATION

CHAPTER 5A--PROTECTION AND CONSERVATION OF WILDLIFE

           *       *       *       *       *       *       *


        SUBCHAPTER III--ENDANGERED SPECIES OF FISH AND WILDLIFE

Sec. 668dd. 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 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 supervision of 
the United States Fish and Wildlife Service, as long as such 
agency agrees to exercise such responsibility.
    (2) The mission of the System is to administer a national 
network of lands and waters for the conservation, management, 
and where appropriate, restoration of the fish, wildlife, and 
plant resources and their habitats within the United States for 
the benefit of present and future generations of Americans.
    (3) With respect to the System, it is the policy of the 
United States that--
            (A) each refuge shall be managed to fulfill the 
        mission of the System, as well as the specific purposes 
        for which that refuge was established;
            (B) compatible wildlife-dependent recreation is a 
        legitimate and appropriate general public use of the 
        System, directly related to the mission of the System 
        and the purposes of many refuges, and which generally 
        fosters refuge management and through which the 
        American public can develop an appreciation for fish 
        and wildlife;
            (C) compatible wildlife-dependent recreational uses 
        are the priority general public uses of the System and 
        shall receive priority consideration in refuge planning 
        and management; and
            (D) when the Secretary determines that a proposed 
        wildlife-dependent recreational use is a compatible use 
        within a refuge, that activity should be facilitated, 
        subject to such restrictions or regulations as may be 
        necessary, reasonable, and appropriate.
    (4) In administering the System, the Secretary shall--
            (A) provide for the conservation of fish, wildlife, 
        and plants, and their habitats within the System;
            (B) ensure that the biological integrity, 
        diversity, and environmental health of the System are 
        maintained for the benefit of present and future 
        generations of Americans;
            (C) plan and direct the continued growth of the 
        System in a manner that is best designed to accomplish 
        the mission of the System, to contribute to the 
        conservation of the ecosystems of the United States, to 
        complement efforts of States and other Federal agencies 
        to conserve fish and wildlife and their habitats, and 
        to increase support for the System and participation 
        from conservation partners and the public;
            (D) ensure that the mission of the System described 
        in paragraph (2) and the purposes of each refuge are 
        carried out, except that if a conflict exists between 
        the purposes of a refuge and the mission 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 mission of the 
        System;
            (E) 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;
            (F) assist in the maintenance of adequate water 
        quantity and water quality to fulfill the mission of 
        the System and the purposes of each refuge;
            (G) acquire, under State law, water rights that are 
        needed for refuge purposes;
            (H) recognize compatible wildlife-dependent 
        recreational uses as the priority general public uses 
        of the System through which the American public can 
        develop an appreciation for fish and wildlife;
            (I) ensure that opportunities are provided within 
        the System for compatible wildlife-dependent 
        recreational uses;
            (J) ensure that priority general public uses of the 
        System receive enhanced consideration over other 
        general public uses in planning and management within 
        the System;
            (K) provide increased opportunities for families to 
        experience compatible wildlife-dependent recreation, 
        particularly opportunities for parents and their 
        children to safely engage in traditional outdoor 
        activities, such as fishing and hunting;
            (L) continue, consistent with existing laws and 
        interagency agreements, authorized or permitted uses of 
        units of the System by other Federal agencies, 
        including those necessary to facilitate military 
        preparedness;
            (M) ensure timely and effective cooperation and 
        collaboration with Federal agencies and State fish and 
        wildlife agencies during the course of acquiring and 
        managing refuges; and
            (N) monitor the status and trends of fish, 
        wildlife, and plants in each refuge.
    (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 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.
    (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 (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 
authorized to take the following actions:
            (1) 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 inconsistent with the primary purpose for which 
        the affected area was established.
            (2) Accept donations of funds and to use such funds 
        to acquire or manage lands or interests therein.
            (3) 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, and 
        consistent with standards established by this Act, to 
        enter into cooperative agreements with State fish and 
        wildlife agencies for the management of programs on a 
        refuge.
            (5) Issue regulations to carry out this Act.
    (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.
    (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 areas are established.
    (2) Notwithstanding any other provision of law, the 
Secretary 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 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 (iv), 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 a compatible use and 
that the use is not inconsistent with public safety. The 
Secretary may make the determinations referred to in this 
paragraph for a refuge concurrently with development of a 
conservation plan under subsection (e).
    (ii) On lands added to the System after March 25, 1996, the 
Secretary shall identify, prior to acquisition, withdrawal, 
transfer, reclassification, or donation of any such lands, 
existing compatible wildlife-dependent recreational uses that 
the Secretary determines shall be permitted to continue on an 
interim basis pending completion of the comprehensive 
conservation plan for the refuge.
    (iii) Wildlife-dependent recreational uses may be 
authorized on a refuge when they are compatible and not 
inconsistent with public safety. Except for consideration of 
consistency with State laws and regulations as provided for in 
subsection (m), no other determinations or findings are 
required to be made by the refuge official under this Act or 
the Refuge Recreation Act for wildlife-dependent recreation to 
occur.
    (iv) Compatibility determinations in existence on the date 
of enactment of the National Wildlife Refuge System Improvement 
Act of 1997 shall remain in effect until and unless modified.
    (B) Not later than 24 months after the date of the 
enactment of the National Wildlife Refuge System Improvement 
Act of 1997, the Secretary shall issue final regulations 
establishing the process for determining under subparagraph (A) 
whether a use of a refuge is a compatible use. These 
regulations shall--
            (i) designate the refuge official 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;
            (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 mission 
        of the System;
            (vi) provide for the elimination or modification of 
        any use as expeditiously as practicable after a 
        determination is made that the use is not a compatible 
        use;
            (vii) require, after an opportunity for public 
        comment, reevaluation of each existing use, other than 
        those uses specified in clause (viii), if conditions 
        under which the use is permitted change significantly 
        or if there is significant new information regarding 
        the effects of the use, but not less frequently than 
        once every 10 years, to ensure that the use remains a 
        compatible use, except that, in the case of any use 
        authorized for a period longer than 10 years (such as 
        an electric utility right-of-way), the reevaluation 
        required by this clause shall examine compliance with 
        the terms and conditions of the authorization, not 
        examine the authorization itself;
            (viii) require, after an opportunity for public 
        comment, reevaluation of each compatible wildlife-
        dependent recreational use when conditions under which 
        the use is permitted change significantly or if 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, 
        whichever is earlier; and
            (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 wildlife-dependent recreational uses.
    (4) The provisions of this Act relating to determinations 
of the compatibility of a use shall not apply to--
            (A) overflights above a refuge; 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 a 
        refuge or a portion of a 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 System Improvement Act of 1997.
    (C) The Secretary shall manage each refuge or planning unit 
under plans in effect on the date of enactment of the National 
Wildlife Refuge System Improvement Act of 1997, 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;
            (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; and
            (F) opportunities for compatible wildlife-dependent 
        recreational uses.
    (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 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, owners of adjacent or potentially affected land, local 
governments, and any other affected persons, and 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.
    (f) [Any] Penalties._
            (1) Knowing violations._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.
            (2) Other violations._Any person who otherwise 
        violates or fails to comply with any of the provisions 
        of this Act (including a regulation issued under this 
        Act) shall be fined under title 18, United States Code, 
        or imprisoned not more than 180 days, or both.
    (g) Any person authorized by the Secretary 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 utilize 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.
    (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.
    (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 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.
    (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 if the Secretary determines 
it is necessary to protect 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 that are 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, and 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 System 
        Improvement Act of 1997; or
            (C) affect any Federal or State law in existence on 
        the date of the enactment of the National Wildlife 
        Refuge System Improvement Act of 1997 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 (5 U.S.C. App.).



           *       *       *       *       *       *       *
                           United States Code

                         TITLE 16--CONSERVATION

      CHAPTER 8--UPPER MISSISSIPPI RIVER WILD LIFE AND FISH REFUGE

Sec. 722. Acquisition of lands and water
    The Secretary of the Interior is authorized to acquire, by 
purchase, gift, or lease, such areas of land, or of land and 
water, situated between Rock Island, Illinois, and Wabasha, 
Minnesota, on either side of or upon islands in the Mississippi 
River which are not used for agricultural purposes, as he 
determines suitable for the purposes of this chapter, and any 
such area when acquired shall become a part of the [Upper 
Mississippi River Wild Life and Fish Refuge] Upper Mississippi 
River National Wildlife and Fish Refuge (referred to in this 
chapter as the ``refuge'').

           *       *       *       *       *       *       *


                          8United States Code

                           TITLE 25--INDIANS

CHAPTER 14--MISCELLANEOUS

           *       *       *       *       *       *       *


SUBCHAPTER XIII--KLAMATH TRIBE: TERMINATION OF FEDERAL SUPERVISION

           *       *       *       *       *       *       *


Sec. 564w-1. Klamath Indian Forest and Klamath Marsh Notwithstanding 
        the provisions of sections 564d and 564e of this title, and all 
        Acts amendatory thereof--
    (a) Designation of boundaries
    The tribal lands that comprise the Klamath Indian Forest, 
and the tribal lands that comprise the Klamath Marsh, shall be 
designated by the Secretary of the Interior and the Secretary 
of Agriculture, jointly.
    (b) Sales; terms and conditions
    The portion of the Klamath Indian Forest that is selected 
for sale pursuant to section 564d(a)(3) of this title to pay 
members who withdraw from the tribe shall be offered for sale 
by the Secretary of the Interior in appropriate units, on the 
basis of competitive bids, to any purchaser or purchasers who 
agree to manage the forest lands as far as practicable 
according to sustained yield procedures so as to furnish a 
continuous supply of timber according to plans to be prepared 
and submitted by them for approval and inclusion in the 
conveyancing instruments in accordance with specifications and 
requirements referred to in the invitations for bids: Provided, 
That no sale shall be for a price that is less than the 
realization value of the units involved determined as provided 
in subsection (c) of this section. The terms and conditions of 
the sales shall be prescribed by the Secretary. The 
specifications and minimum requirements to be included in the 
invitations for bids, and the determination of appropriate 
units for sale, shall be developed and made jointly by the 
Secretary of the Interior and the Secretary of Agriculture. 
Such plans when prepared by the purchaser shall include 
provisions for the conservation of soil and water resources as 
well as for the management of the timber resources as 
hereinbefore set forth in this section. Such plans shall be 
satisfactory to and have the approval of the Secretary of 
Agriculture as complying with the minimum standards included in 
said specifications and requirements before the prospective 
purchaser shall be entitled to have his bid considered by the 
Secretary of the Interior and the failure on the part of the 
purchaser to prepare and submit a satisfactory plan to the 
Secretary of Agriculture shall constitute grounds for rejection 
of such bid. Such plans shall be incorporated as conditions in 
the conveyancing instruments executed by the Secretary and 
shall be binding on the grantee and all successors in interest. 
The conveyancing instruments shall provide for a forfeiture and 
a reversion of title to the lands to the United States, not in 
trust for or subject to Indian use, in the event of a breach of 
such conditions. The purchase price paid by the grantee shall 
be deemed to represent the full appraised fair market value of 
the lands, undiminished by the right of reversion retained by 
the United States in a nontrust status, and the retention of 
such right of reversion shall not be the basis for any claim 
against the United States.
    The Secretary of Agriculture shall be responsible for 
enforcing such conditions. Upon any reversion of title pursuant 
to this subsection, the lands shall become national forest 
lands subject to the laws that are applicable to lands acquired 
pursuant to the Act of March 1, 1911 (36 Stat. 961), as 
amended.
    (c) Appraisals; notice to Congressional committees; 
appropriation; realization value; report to Congressional 
committees
    Within sixty days after August 23, 1958 the Secretary of 
the Interior shall contract by negotiation with three qualified 
appraisers or three qualified appraisal organizations for a 
review of the appraisal approved by the Secretary pursuant to 
section 564d(a)(2) of this title. In such review full 
consideration shall be given to all reasonably ascertainable 
elements of land, forest, and mineral values. Not less than 
thirty days before executing such contracts the Secretary shall 
notify the chairman of the House Committee on Interior and 
Insular Affairs and the chairman of the Senate Committee on 
Interior and Insular Affairs of the names and addresses of the 
appraisers selected. The cost of the appraisal review shall be 
paid from tribal funds which are made available for such 
purpose, subject to full reimbursement by the United States, 
and the appropriation of funds for that purpose is authorized. 
Upon the basis of a review of the appraisal heretofore made of 
the forest units and marsh lands involved and such other 
materials as may be readily available, including additional 
market data since the date of the prior appraisal, but without 
making any new and independent appraisal, each appraiser shall 
estimate the fair market value of such forest units and marsh 
lands as if they had been offered for sale on a competitive 
market without limitation on use during the interval between 
the adjournment of the Eighty-fifth Congress and the 
termination date specified in section 564e(b) of this title. 
This value shall be known as the realization value. If the 
three appraisers are not able to agree on the realization value 
of such forest units and marsh lands, then such realization 
values shall be determined by averaging the values estimated by 
each appraiser. The Secretary shall report such realization 
values to the chairman of the House Committee on Interior and 
Insular Affairs and to the chairman of the Senate Committee on 
Interior and Insular Affairs not later than January 15, 1959. 
No sale of forest units that comprise the Klamath Indian Forest 
designated pursuant to subsection (a) of this section shall be 
made under the provisions of this subchapter prior to April 1, 
1959.
    (d) Unsold forest units and marsh lands; title after 
publication in Federal Register; aggregate realization value; 
appropriation
    If all of the forest units offered for sale in accordance 
with subsection (b) of this section are not sold before April 
1, 1961, the Secretary of Agriculture shall publish in the 
Federal Register a proclamation taking title in the name of the 
United States to as many of the unsold units or parts thereof 
as have, together with the Klamath Marsh lands acquired 
pursuant to subsection (f) of the section, an aggregate 
realization value of not to exceed $90,000,000, which shall be 
the maximum amount payable for lands acquired by the United 
States pursuant to this subchapter.
    Compensation for the forest lands so taken shall be the 
realization value of the lands determined as provided in 
subsection (c) of this section, unless a different amount is 
provided by law enacted prior to the proclamation of the 
Secretary of Agriculture. Appropriation of funds for that 
purpose is authorized. Payment shall be made as soon as 
possible after the proclamation of the Secretary of 
Agriculture. Such lands shall become national forest lands 
subject to the laws that are applicable to lands acquired 
pursuant to the Act of March 1, 1911 (36 Stat. 961), as 
amended. Any of the forest units that are offered for sale and 
that are not sold or taken pursuant to subsection (b) or (d) of 
this section shall be subject to sale without limitation on use 
in accordance with the provisions of section 564d of this 
title.
    (e) Sale of retained lands to Secretary of Agriculture
    If at any time any of the tribal lands that comprise the 
Klamath Indian Forest and that are retained by the tribe are 
offered for sale other than to members of the tribe, such lands 
shall first be offered for sale to the Secretary of 
Agriculture, who shall be given a period of twelve months after 
the date of each such offer within which to purchase such 
lands. No such lands shall be sold at a price below the price 
at which they have been offered for sale to the Secretary of 
Agriculture, and if such lands are reoffered for sale they 
shall first be reoffered to the Secretary of Agriculture. The 
Secretary of Agriculture is authorized to purchase such lands 
subject to such terms and conditions as to the use thereof as 
he may deem appropriate, and any lands so acquired shall 
thereupon become national forest lands subject to the laws that 
are applicable to lands acquired pursuant to the Act of March 
1, 1911 (36 Stat. 961), as amended.
    (f) [Klamath Forest National Wildlife Refuge] Klamath Marsh 
National Wildlife Refuge; appropriation
    The lands that comprise the Klamath Marsh shall be a part 
of the property selected for sale pursuant to section 
564d(a)(3) of this title to pay members who withdraw from the 
tribe. Title to such lands is taken in the name of the United 
States, effective the earliest date after September 30, 1959, 
when the Secretary of the Interior determines that funds for 
the payment of the purchase price are available from the sale 
of stamps under the Migratory Bird Hunting Stamp Act of March 
16, 1934, as amended (16 U.S.C. 718 et seq.). Such lands are 
designated as the [Klamath Forest National Wildlife Refuge] 
Klamath Marsh National Wildlife Refuge, which shall be 
administered in accordance with the law applicable to areas 
acquired pursuant to section 4 of the Act of March 16, 1934 (48 
Stat. 451), as amended or supplemented (16 U.S.C. 718d). 
Compensation for said taking shall be the realization value of 
the lands determined in accordance with subsection (c) of this 
section, and shall be paid out of funds in the Treasury of the 
United States, which are authorized to be appropriated for that 
purpose.
    (g) Homesites
    Any person whose name appears on the final roll of the 
tribe, and who has since December 31, 1956, continuously 
resided on any lands taken by the United States by subsections 
(d) and (f) of this section, shall be entitled to occupy and 
use as a homesite for his lifetime a reasonable acreage of such 
lands, as determined by the Secretary of Agriculture, subject 
to such regulations as the Secretary of Agriculture may issue 
to safeguard the administration of the national forest and as 
the Secretary of the Interior may issue to safeguard the 
administration of the [Klamath Forest National Wildlife Refuge] 
Klamath Marsh National Wildlife Refuge.
    (h) Administration of outstanding timber sales contracts
    If title to any of the lands comprising the Klamath Indian 
Forest is taken by the United States, the administration of any 
outstanding timber sales contracts thereon entered into by the 
Secretary of the Interior as trustee for the Klamath Indians 
shall be administered by the Secretary of Agriculture.
    (i) Right of United States to use roads
    All sales of tribal lands pursuant to subsection (b) of 
this section or pursuant to section 564d of this title on which 
roads are located shall be made subject to the right of the 
United States and its assigns to maintain and use such roads.

                               
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