    [Public Papers of the Presidents of the United States: William J. Clinton (1996, Book II)]
    [October 2, 1996]
    [Page 1744]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Message to the House of Representatives Returning Without Approval
    Fish and Wildlife Refuge Eminent Domain Prevention Legislation
    October 2, 1996

    To the House of Representatives:
        I am returning herewith without my approval H.R. 2909, the ``Silvio
    O. Conte National Fish and Wildlife Refuge Eminent Domain Prevention
    Act.''
        This bill would prohibit the use of eminent domain authority for the
    protection of the public's fish and wildlife resources at portions of
    the Silvio O. Conte National Fish and Wildlife Refuge in the States of
    New Hampshire and Vermont. Because it is unnecessary and would undermine
    important governmental interests, I cannot support it.
        First, the Conte Refuge poses no threat to property owners. Located
    along the Connecticut River in the States of Connecticut, Massachusetts,
    New Hampshire, and Vermont, it represents an entirely new kind of
    national wildlife refuge. Rather than relying on the traditional
    approach of acquiring large tracts of land, the comprehensive plan for
    the Conte Refuge provides that only small amounts will come into Federal
    ownership--a total of only 1,200 acres in New Hampshire and Vermont,
    along with conservation easements for an additional 760 acres. Instead
    of Federal land acquisition, the main emphasis for the Refuge will be on
    restoring the Connecticut River watershed through voluntary
    partnerships, cooperative agreements, and environmental education. The
    Fish and Wildlife Service has no intention of using its eminent domain
    authority.
        Second, this bill would undermine a constitutionally bestowed
    authority of the Federal Government by prohibiting the use of eminent
    domain for fish and wildlife conservation. The truth is that the Fish
    and Wildlife Service almost never uses eminent domain for wildlife
    conservation purposes--on a nationwide basis, since 1989, the U.S. Fish
    and Wildlife Service has only used its eminent domain power with the
    consent of the owner to settle price or title differences. Still,
    eminent domain remains an important tool of last resort, to protect the
    public's interest in fish and wildlife resources should unforeseen
    circumstances arise.
        Private property is a fundamental American right and value. But this
    bill is unnecessary and would erode a constitutional authority that has
    served the public interest for over 200 years. As stated during debate
    on the bill in the House of Representatives, H.R. 2909 is a solution in
    search of a problem.

                                                          William J. Clinton

    The White House,

    October 2, 1996.