[Weekly Compilation of Presidential Documents Volume 32, Number 40 (Monday, October 7, 1996)]
[Page 1950]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Message to the House of Representatives Returning Without Approval the 
Silvio O. Conte National Fish and Wildlife Refuge Eminent Domain 
Prevention Act

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.