[House Report 105-106]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-106
_______________________________________________________________________
NATIONAL WILDLIFE REFUGE SYSTEM IMPROVEMENT ACT OF 1997
_______
May 21, 1997.--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
[To accompany H.R. 1420]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1420) 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 without amendment
and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 1420 is to amend the National Wildlife
Refuge System 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 the only system of
Federal lands acquired and managed for the conservation of
fish, wildlife, plants, and their habitat. The System has
evolved into the world's most comprehensive system of lands
devoted to wildlife conservation and management. President
Theodore Roosevelt established the first refuge in 1903 on
Florida's tiny Pelican Island to protect brown pelicans as well
as egrets and herons, which were being hunted commercially for
their plumes for use in the fashion industry. At the time,
President Roosevelt lacked clear legal authority to establish
wildlife refuges. However, during his term of office, Congress
affirmed that authority, and the President went on to establish
an additional 50 refuges.
During the 1930s, the Refuge System grew substantially,
largely in response to concerns by hunters over the loss of
waterfowl caused by a variety of factors, including wetlands
loss and drought. Today, the System, administered by the United
States Fish and Wildlife Service (USFWS), has grown to 509
refuges in all 50 States, and waterfowl production areas in 10
States, totaling nearly 93 million acres. Refuges range in size
from the less-than-one-acre Mille Lacs National Wildlife Refuge
in Minnesota, to the 19.6-million-acre Arctic National Wildlife
Refuge. Waterfowl Production Areas are scattered wetlands and
potholes which are acquired, often by easement, as breeding
habitat for migratory birds. There are nearly 2.4 million acres
in this category, located almost entirely in the States of the
Upper Midwest.
While the vast majority of refuges were established
administratively by the Secretary of the Interior under a
variety of authorities, including the Migratory Bird
Conservation Act (16 U.S.C. 715 et seq.), the Emergency
Wetlands Resources Act of 1986 (16 U.S.C. 3901 et seq.), the
Endangered Species Act (16 U.S.C. 1531 et seq.), the North
American Wetlands Conservation Act of 1989 (16 U.S.C. 4401 et
seq.), the Refuge Recreation Act of 1962 (16 U.S.C. 460k et
seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742 et
seq.), and the Migratory Bird Hunting and Conservation Stamp
Tax Act (16 U.S.C. 718d (c)), over 40 refuges have been created
by specific Acts of Congress. It is this variety that has led
to inconsistency in the management of refuges within the
System.
Until 1966, there was no single Federal law that governed
the administration of the various wildlife refuges that had
been established. In fact, not all were called wildlife
refuges. Some were known as ``game ranges'', ``wildlife
ranges'', ``wildlife management areas'', and ``waterfowl
protection areas''. In 1966, under the leadership of
Congressman John Dingell of Michigan, Congress enacted
legislation that assembled these diverse areas into a unified
``National Wildlife Refuge System''. The System has been
managed for the last 31 years pursuant to the National Wildlife
Refuge System Administration Act of 1966 (NWRSAA) and other
authorities. This law gives guidance to the Secretary of the
Interior in the overall management of the System, places
restrictions on the transfer, exchange, and other disposal of
lands, and clarifies the Secretary's authority to accept
donations for land acquisition. Significantly, it authorizes
the Secretary of the Interior to permit any ``secondary'' use
or activity within a refuge (which can range from birdwatching
and photography to fishing and hunting to farming and oil
development) only if the Secretary determines the use to be
compatible with the purposes for which the refuge was
established.
The System has grown considerably since 1966. At that time,
there were 300 refuges totaling 28 million acres, compared to
more than 500 refuges totaling more than 92 million acres
today. However, in addition to the increase in the size of the
System during this period, both scientific understanding of
wildlife conservation, management, endangered species
conservation efforts, and demands for public recreational and
economic use of refuges have substantially increased. As
significant and forward-thinking as the NWRSAA was in
establishing the System and giving guidance for its management,
the problems of the System have outpaced the System's
legislative authority.
The NWRSAA does not establish a mission for the System or
contain any planning requirements. Thus, unlike National Parks,
National Forests and Bureau of Land Management lands, the
National Wildlife Refuge System remains the only major Federal
public lands system without a true ``organic'' act, a basic
statute providing a mission for the System, policy direction,
and management standards for all units of the System.
The National Wildlife Refuge System Improvement Act of 1997
amends and builds upon the NWRSAA in a manner that provides an
organic act for the System similar to those which exist for
other public lands. Its principal focus is to establish clearly
the conservation mission of the System, provide clear
Congressional guidance to the Secretary for management of the
System, provide a mechanism for unit-specific refuge planning,
and give refuge managers clear direction and procedures for
making determinations regarding wildlife conservation and
public uses of the System and individual refuges.
Management of refuges
Currently, the law does not include a mission 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.
Management of the Refuge System has been the focus of numerous
studies in the last two decades, including two General
Accounting Office reports, two reports of advisory boards to
the Interior Department, a report prepared by the USFWS, and
several hearings by the former Committee on Merchant Marine and
Fisheries, which then had jurisdiction over the Refuge System.
These reports and hearings highlighted that refuges have not
always been managed as a national system because of the lack of
an overall mission for the System. These reports concluded that
the lack of an overall mission and management procedures had
allowed numerous incompatible uses to be tolerated on wildlife
refuges.
In 1992, several environmental groups sued the Secretary of
the Interior for authorizing secondary uses on refuges without
ensuring that these uses were compatible with those refuges.In
October 1993, a settlement was reached in National Audubon Society v.
Babbitt, in which USFWS agreed to expeditiously terminate secondary
uses unless it determined in writing that the uses were compatible with
the primary purposes of the refuge on which they occurred. In addition,
the settlement agreement required the USFWS to determine whether funds
were available for development and maintenance of recreational
activities, consistent with the 1962 Refuge Recreation Act.
The USFWS reviewed over 5,200 uses on over 500 units of the
System. Walking, hiking, and backpacking occurred on over 130
refuges; recreational fishing on over 200 refuges; and hunting
programs--including big game and waterfowl hunting--at over
220. Various combinations of wildlife observation or
photography, interpretation, and environmental education
occurred on over 300. A variety of non-wildlife dependent
activities occurred on over one hundred refuges, and include
power boating, jetskiing, horseback riding, and camping. As a
result of the study, USFWS has resolved compatibility issues on
40 refuges. Unresolved issues at 36 refuges are pending
completion of public notification and outreach, planning,
Memoranda of Understanding with other agencies, or Department
of Interior Solicitor opinions. There were no cases where
hunting and fishing were found incompatible, but modifications
to two were necessary to assure compatibility.
The Committee agrees with these findings. Further, the
Committee also finds that this review demonstrates that
traditional wildlife dependent recreation has been generally
compatible and has a legitimate and valuable place on System
lands.
H.R. 1420 establishes that the conservation of fish,
wildlife, plants and their habitats is the mission of the
National Wildlife Refuge System and sets forth the policy and
procedures through which the System and individual refuges are
to be managed in order to fulfill that mission for the long-
term benefit of the American people. H.R. 1420 requires that
public use of a refuge may be allowed only where the use is
compatible with the mission of the System and purpose of the
individual refuge, and sets forth a standard by which the
Secretary shall determine whether such uses are compatible. It
establishes as the policy of the United States that wildlife-
dependent recreation, when it is compatible, is a legitimate
and appropriate public use of the Refuge System, through which
the American public can develop an appreciation for fish and
wildlife. It establishes compatible wildlife-dependent
recreational uses as the priority general public uses of the
Refuge System. Finally, it also requires the Secretary to
prepare a comprehensive conservation plan for each refuge and
specifies the topics to be addressed and procedures for the
adoption of such plans.
The Committee expects that this legislation will diminish
the likelihood of future litigation by providing a statutory
compatibility standard, a process for making those
determinations, a clear conservation mission for the System,
and a planning process that will ensure greater public
involvement in management decisions on refuges.
Executive order
On March 25, 1996, President William J. Clinton issued
Executive Order 12996, ``Management and General Public Use of
the National Wildlife Refuge System''. In this Executive Order,
the President declared that the ``mission of the National
Wildlife Refuge System is to preserve a national network of
lands and waters for the conservation and management of fish,
wildlife, and plant resources of the United States for the
benefit of present and future generations''. Furthermore, the
President identified four guiding principles and issued ten
directives to the Secretary of the Interior on how the System
should be managed in the future. The Executive Order identified
opportunities for compatible wildlife-dependent recreation,
habitat protection, partnerships with sportsmen, other
conservation interests, and public involvement as guiding
principles of the Refuge System. In particular, the President
identified ``compatible wildlife-dependent recreation
activities involving hunting, fishing, wildlife observation,
and photography, and environmental education and interpretation
as priority general public uses of the Refuge System''
[emphasis added].
Committee Action
H.R. 1420 was introduced on April 23, 1997, by Congressmen
Don Young (R-AK), John Dingell (D-MI), Jim Saxton (R-NJ), John
Tanner (D-TN), and Randy ``Duke'' Cunningham (R-CA).
Congressmen George Miller (D-CA), Bob Clement (D-TN), and Neil
Abercrombie (D-HI) have also cosponsored the bill. The bill,
which was the product of extensive negotiations between the
authors, the Department of the Interior, and representatives of
conservation, environmental, hunting organizations, and State
fish and wildlife agencies, was referred to the Committee on
Resources.
On March 6, 1997, the Subcommittee on Fisheries
Conservation, Wildlife and Oceans held a hearing on the
predecessor to this legislation, H.R. 511. Testimony was heard
from the Honorable John S. Tanner; the Honorable Bruce Babbitt,
Secretary, Department of the Interior; Mr. William P. Horn,
Director of National and International Affairs and Washington
Counsel, Wildlife Legislative Fund of America; Mr. R. Max
Peterson, Executive Vice President, International Association
of Fish and Wildlife Agencies; Ms. Susan Lamson, Director of
Conservation, Wildlife and Natural Resources Division, National
Rifle Association; Mr. Gary Myers, Director, Tennessee Wildlife
Resources Agency; Mr. Daniel Beard, Vice President, National
Audubon Society; and Mr. Roger Schlickeisen, President,
Defenders of Wildlife. The Subcommittee also received testimony
from the Honorable John D. Dingell. In fact, in his submitted
statement, Congressman Dingell, the author of the NWRSAA, noted
that, ``First and foremost, any Refuge reform bill must protect
each of our 509 Refuges and improve their management in a
manner consistent with the purposes for which we have created
these Refuges and the Refuge System''.
On April 30, 1997, the Full Committee on Resources met to
consider H.R. 1420. There were no amendments and the Committee
ordered the bill favorably reported to the House of
Representatives by voice vote.
Section-by-Section Analysis
SECTION 1. SHORT TITLE; REFERENCES
The short title of the legislation is ``The National
Wildlife Refuge System Improvement Act of 1997''. When the bill
makes amendments to existing law, it is amending the National
Wildlife Refuge System Administration Act of 1966.
SECTION 2. FINDINGS
This Section includes a series of Congressional findings
which recognize that the National Wildlife Refuge System is:
comprised of 92 million acres of Federal lands
incorporated within 509 individual units in all 50
States and territories;
designed to conserve fish, wildlife, and plants and
their habitats and that the mission of the System has
been facilitated by providing Americans opportunities
to participate in compatible wildlife-dependent
recreation;
pivotal in the conservation of migratory birds,
anadromous and interjurisdictional fish, marine
mammals, endangered and threatened species, and their
habitats;
to assist in the fulfillment of international treaty
obligations;
given substantial financial support by those
benefiting from and utilizing it;
available for the enjoyment of the American people
when managed in accordance with the principles of sound
fish and wildlife management and administration;
the focus of the President's Executive Order of March
15, 1996, that recognized ``compatible wildlife-
dependent recreational uses involving hunting, fishing,
wildlife observation and photography, and environmental
education and interpretation as priority public uses of
the Refuge System'';
and finds that fishing, hunting, wildlife observation and
photography, and environmental education and interpretation in
Refuges have been, and are expected to continue to be,
generally compatible uses.
SECTION 3. DEFINITIONS
This Section amends Section 5 of the NWRSAA to provide
definitions for terms used in H.R. 1420. Several key
definitions are discussed below.
New Section 5(1) defines the term ``compatible use''. The
standard here is the same as the definition that the USFWS has
used for over a decade. It specifies that these are uses that
do not have a tangible adverse impact on Refuge System
resources.
New Section 5(2) defines ``wildlife-dependent recreation''
and ``wildlife-dependent recreational use'' as a use involving
hunting, fishing, wildlife observation and photography, or
environmental education and interpretation.
New Section 5(3) defines the term ``sound professional
judgment'' as the collection of findings, determinations and
decisions that support compatibility determinations. Such
determinations are inherently complex and will require the
manager to consider principles of sound fish and wildlife
management and administration, available science and resources,
and compliance with applicable laws. Implicit within this
definition is that financial resources, personnel and
infrastructure be available to manage permitted activities. The
Committee expects the USFWS to be energetic and creative in
seeking such resources, including partnerships with the States,
local communities and private and nonprofit groups. The
Committee also expects the USFWS to make reasonable efforts to
ensure that lack of funding is not an obstacle to permitting
otherwise compatible wildlife-dependent recreational uses.
In the exercise of sound professional judgment, the refuge
manager considers the biological resources and, based upon
available science, whether they can sustain reasonable public
use. The manager must then use principles of sound fish and
wildlife management and administration in considering and
designing a program of public use. The manager may need to
balance between or among competing uses by moving uses in time
and space to reduce or eliminate conflict or, if absolutely
necessary, disallow one or more uses. As discussed above, the
manager must then determine if available resources (funding,
personnel, facilities and other infrastructure) are adequate to
support the proposed use in a manner that will not materially
interfere with or detract from fulfillment of the System
mission or refuge purpose.
The Committee is aware of concerns that the definition of
sound professional judgment confers such a level of discretion
that compatibility determinations might be held to be
unreviewable as an agency action ``committed to agency
discretion by law'' within the meaning of the Administrative
Procedure Act (APA, 5 U.S.C. 701). Section 6 of H.R. 1420
provides detailed standards and procedures to be followed in
making compatibility determinations and, thus, while discretion
resides in refuge officials, there is clearly law to apply so
as to permit judicial review if other conditions of
reviewability under the APA are met.
New Section 5(4) defines the terms ``conserving'',
``conservation'', ``manage'', ``managing'', and ``management''
to mean sustaining and, where appropriate, restoring and
enhancing healthy populations of fish, wildlife, and plants by
utilizing methods and procedures associated with modern
scientific resource programs. The Committee understands that
the list of methods in this definition is not inclusive and
that any or all of these methods may be inappropriate in
certain situations. One of the listed methods and procedures,
``regulated taking'' encompasses management tools such as
hunting, trapping and fishing.
New Section 5(5) defines the term ``Coordination Area'' to
mean a wildlife management area which has been acquired by the
Federal Government and was made available to a State through
either a cooperative agreement between the USFWS and a State
fish and wildlife agency pursuant to Section 4 of the Fish and
Wildlife Coordination Act, or by long-term leases or agreements
pursuant to the Bankhead-Jones Farm Tenant Act, a Depression-
era Act designed to reclaim abandoned and eroded farmland.
Coordination Areas have been well managed by the States
under State laws and regulations, in many cases for decades.
However, they are part of the Refuge System. They are
specifically excluded from the definition of the term
``refuge'' in new Section 5(11) so as not to require every
State management decision to be approved by the USFWS through
the processes established by H.R. 1420.
The definition is intended to apply to existing areas, as
set forth in ``Table 5'' of the document ``Annual Report of
Lands under Control of the U.S. Fish and Wildlife Service'',
dated September 30, 1996, or any future areas which may be
created by transfer of lands acquired by a Federal project to a
State under Section 4 of the Fish and Wildlife Coordination
Act. It is not intended to allow any present or future National
Wildlife Refuges to be transferred to State control by their
redesignation as a Coordination Area.
New Section 5(10) defines ``purposes of the refuge'' and
``purposes of each refuge'' as the purpose specified in or
derived from the law or any of a number of specified documents
which establish, authorize or expand a refuge. This includes
acquisition purposes in cases where land at a refuge has been
acquired under authority other than the establishing authority.
New Section 5(11) defines the term ``refuge'' as a
designated area of land, water, or an interest in land or water
within the System. The USFWS has consistently interpreted this
language, used in Title 16 of the United States Code, to refer
to lands, waters, or interests in land or waters owned by the
United States. The Committee concurs that the language refers
to property interests of the United States, including partial
interests less than fee, such as easements.
New Section 5(15) defines the terms ``take'', ``taking'',
or ``taken'' to mean to pursue, hunt, shoot, capture, collect,
or kill, or to attempt such actions. This is similar to the
definition of this term found in other Federal conservation
laws.
SECTION 4. MISSION OF THE SYSTEM
Section 4 establishes an overall mission for the System. A
common thread running through many of the hearings and reports
on operation and management of the System referenced previously
was that the National Wildlife Refuge System has been managed
more as a collection of disparate units than as a true system.
Until now, Congress has never set forth a mission for the
Refuge System.
This sentiment was expressed nearly 30 years ago by the
National Wildlife Refuge System Advisory Board on Wildlife
Management appointed by Secretary of the Interior Stewart L.
Udall. In 1968, the Advisory Board wrote, ``What is still
lacking is a clear statement of policy or philosophy as to what
the National Wildlife Refuge System should be and what are the
logical tenets of its future development.''
Section 4 of the legislation is designed to remedy this
shortcoming by establishing an over-arching mission statement
for the National Wildlife Refuge System to guide overall
management of the System and to supplement the purposes for
which individual refuges have been established.
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''.
National Wildlife Refuges are often important components of the
ecosystems in which they are located and contribute
significantly to the conservation of those ecosystems.
Nonetheless, they cannot fulfill the mission set forth in this
Section unless they are consistently directed and managed as a
national system. This includes managing a series of refuges in
a coordinated manner to meet the life-cycle needs of migrating
species, providing habitat for threatened or endangered
species, or representing the various habitats that provide for
the conservation of the Nation's wildlife resources.
Additionally, States have broad trustee responsibilities
for fish and resident wildlife within their borders, and have
statutory responsibility for the conservation of those
resources. Accordingly, this Act elsewhere requires that, to
the extent practicable, the USFWS should seek opportunities to
coordinate the management of National Wildlife Refuges with the
management of fish and wildlife resources generally by the
State or States in which the refuges are located. Such
coordination will also help ensure that the System mission is
broadly served.
SECTION 5. ADMINISTRATION OF THE SYSTEM
Section 5 amends the NWRSAA to establish national policy in
several areas relating to administration of the System. First,
it is clearly stated that each refuge shall be managed to
fulfill both the mission of the System and the individual
refuge purposes. This policy serves to underscore that the
fundamental mission of our Refuge System is wildlife
conservation: wildlife and wildlife conservation must come
first. As characterized in the Department of the Interior
Leopold Report, the Refuge System should stand as a monument to
the science and practice of wildlife management. This policy
section further recognizes that wildlife-dependent recreational
uses, when determined to be compatible, are appropriate and
legitimate uses of the System. Because priority uses like
hunting, fishing, wildlife observation and environmental
education are dependent upon healthy wildlife populations, they
are directly related to the mission of the System and the
purposes of many refuges. If our refuges and the Refuge System
are managed well, then these priority uses will, in turn,
prosper into the future. Further, it is the policy of the
United States that where a proposed wildlife-dependent use is
determined to be compatible on an individual refuge, the
activity should be facilitated.
The term ``facilitated'' was deliberately chosen to
represent a strong sense of encouragement, but not a
requirement, that ways be sought to permit wildlife-dependent
uses to occur if they are compatible. As Secretary Babbitt
stated during the negotiations leading to H.R. 1420: ``The law
will be whispering in the manager's ear that she or he should
look for ways to permit the use if the compatibility
requirement can be met.'' By the same token, however, the
Committee recognizes that there will be occasions when, based
on sound professional judgment,the manager will determine that
such uses will be found to be incompatible and cannot be authorized.
For example, consider a hypothetical situation wherein a
manager determines that a bird-watching program could be
conducted in accordance with principles of sound fish and
wildlife management and administration, but that the program is
incompatible because adequate financial resources are not
available to design, operate, and maintain the use so as to
prevent trespassing on sensitive nesting areas and adjacent
private lands. It is the Committee's expectation in this case
that the manager would take reasonable steps to obtain outside
assistance from States and other conservation interests before
determining that the activity is incompatible.
Another example might be the situation which occurs at
Blackwater National Wildlife Refuge in Maryland. This refuge is
managed, in support of broad regional conservation goals, as a
non-hunted resting and feeding grounds for migratory birds. The
refuge is surrounded by private and other public lands that are
extensively hunted within the region. To manage this refuge to
allow waterfowl hunting may be inconsistent with principles of
sound fish and wildlife management and, in such circumstances,
may not be permitted.
Section 5 also provides a set of affirmative stewardship
responsibilities for the Secretary with respect to the Refuge
System. It requires the Secretary to ensure that the mission of
the System and the purposes of the individual refuges are
carried out, to ensure that opportunities are provided for the
compatible priority public uses identified above, and that such
uses receive enhanced consideration over other uses in planning
and management. It also requires the Secretary to provide
enhanced opportunities for families to experience compatible
wildlife-dependent recreation, and to protect the System and
individual refuges from threats to their biological integrity,
diversity and environmental health.
The Secretary must also provide for conservation of fish
and wildlife and their habitat within the System; ensure
effective coordination, interaction and cooperation with
adjoining landowners; assist in maintaining adequate quantity
and quality of water supplies to support the System mission and
refuge purposes; and plan the expansion of the Refuge System in
a manner which accomplishes the goals of the System and
complements the efforts of other State and Federal conservation
efforts.
New paragraph (4)(F) of Section 4(a) of the NWRSAA directs
the Secretary to assist in the maintenance of adequate
quantities and quality of water to fulfill the mission of the
System and the needs of each refuge. In doing so, the provision
imposes a new, more specific, obligation on the Secretary. It
does not, however, expand or diminish existing authority with
respect to water or water rights. Therefore, in meeting the
obligation imposed by new paragraph (4)(F), the Secretary must
rely on existing authority, such as the authority to: acquire
water rights with appropriated funds; improve the operations of
Federal agencies with respect to the identification and
protection of relevant water rights; purchase water; and
participate in State water rights adjudications to perfect and
defend relevant water rights.
New paragraph (4)(L) provides that the Secretary shall
continue, consistent with existing laws and interagency
agreements, authorized or permitted uses of refuges by other
Federal agencies. The term ``existing laws and interagency
agreements'' means applicable laws in force at any given time
and agreements consistent with those laws. It does not grant
permanence to all agreements existing as of enactment.
Virtually all such agreements were either entered into based on
specific provisions of other laws, or were made by the USFWS
under the authority of the NWRSAA after a determination of
compatibility. Inasmuch as this Act codifies the current agency
standard for compatibility, there should be few, if any,
changes to current agency uses of Refuge System lands resulting
from enactment of this provision.
Section 5(b) of H.R. 1420 also authorizes the Secretary to
enter into cooperative agreements with State fish and wildlife
agencies for the management of programs on a refuge, subject to
standards established by, and the overall management oversight
of, the USFWS. On some existing refuges, State agencies
cooperate with the USFWS by participating in the management of
specific programs, such as hunting law enforcement or other
public use-related activities. States also manage habitat on
parts of individual refuges, particularly in cases where refuge
lands are adjacent to or surrounded by State lands. In all
these situations, the USFWS retains management oversight and is
ultimately responsible to ensure that allowed uses remain
compatible and that habitat is managed consistently with the
purposes for which the refuges were established.
SECTION 6. COMPATIBILITY STANDARDS AND PROCEDURES
Section 6 provides the standards and procedures for
determining the compatibility of uses of a refuge with the
purposes of the refuge and the mission of the System. This
Section provides for regulations governing compatibility
determinations and requires that the Secretary issue final
regulations pursuant to the new requirements within two years
of H.R. 1420's enactment. After that time, all new uses of a
refuge and all expansions, renewals, and extensions of existing
uses must be determined to be compatible pursuant to these
regulations. Compatibility determinations can be made
concurrently with the development of the refuge comprehensive
conservation plan. Compatibility determinations must be made in
writing, and must identify the anticipated effects of the
proposed use on refuge resources. Provision is made for
expedited consideration of uses likely to have no detrimental
effect. Incompatible uses are to be eliminated or modified as
expeditiously as possible. Uses are to be reevaluated when
significant changes in conditions occur or significant new
information exists and at least every 10 years for nonwildlife-
dependent uses and at least once every 15 years for wildlife-
dependent uses.
Opportunity for public review and comment on individual
compatibility determinations must be provided, unless such
opportunities were adequately provided for during public
involvement associated with the development or revision of a
refuge conservation plan.
Compatibility does not apply to overflights within the
airspace of a refuge, nor to the actions of Federal agencies
other than USFWS, which have primary jurisdiction over refuge
lands, when those activities are provided for in the agreement
which established the refuge. Thislater provision recognizes
that the System includes many ``overlay'' refuges, over which an agency
other than the USFWS holds primary jurisdiction.
Since the 1966 Act, the Secretary has been required, before
permitting any use of a refuge, to determine that such use is
compatible with the purposes for which the refuge was
established. However, hearings on related legislation in recent
years have made it clear that this requirement was often not
consistently or rigorously applied. The Committee has heard
concerns from a number of witnesses in recent years that a
major reason for this problem was the lack of a clear standard
or formal process to evaluate compatibility.
Section 6 of H.R. 1420 addresses this problem by requiring
formal written determinations of compatibility. This Section is
designed to increase the opportunity for public review and
comment regarding compatibility determinations. The Section
requires the Secretary of the Interior to promulgate
regulations to govern determinations of compatibility. The
Secretary is prohibited from allowing a new use or expanding,
renewing or extending an existing use unless the Secretary
makes an affirmative finding that the use is compatible.
As mentioned earlier in this report, USFWS three years ago
completed a comprehensive review of uses on the System. This
thorough review identified relatively few problems and affirmed
that the overwhelming number of existing uses of refuge lands
are compatible. These compatibility determinations are
expressly recognized and shall be relied upon until or unless
modified by the USFWS. This recognition of the USFWS's existing
work product can help to avoid costly duplication of effort and
facilitate expeditious compliance with the new requirement.
The Secretary is not required to independently generate
data on which to base compatibility determinations. The
Committee intends that for new compatibility determinations,
the USFWS shall consider any existing information and data
generated by the State agency possessing primary authority for
fish and wildlife, or any other State or Federal agency or any
other source of relevant data.
Section 6 also codifies agency action to remedy a problem
which previously accompanied refuge land acquisition. Until
last year, USFWS policy provided that new refuge lands (with
the exception of Waterfowl Production Areas) were closed to all
uses until decisions were made to open them. This meant that
all preexisting uses were terminated upon acquisition. In
practice, the reopening of these lands many times did not occur
until refuge management planning was completed, sometimes years
after acquisition.
New paragraph (3)(A)(ii) of NWRSAA Section 4(d) will
address this concern by stipulating that 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 uses that the Secretary determines shall be permitted
to continue on an interim basis pending completion of a
comprehensive conservation plan for the refuge. The Committee
believes that this new policy will help to restore the public's
confidence in the land acquisition process and will lead to a
smoother process of acquiring additional acreage for the System
in the future.
New paragraph (3)(A)(iii) clarifies a provision of the
Refuge Recreation Act of 1962 that requires that before any
recreational use that is not directly related to the primary
purposes and functions of the refuge is permitted, the
Secretary make a finding that funds are available to administer
and manage the use. In the future, no such determination is
required to be made for wildlife-dependent recreational uses.
However, this does not mean that limited financial and
personnel resources must be directed toward maintenance or
enhancement of these activities. As noted previously, one
element of ``sound professional judgment'' which must be
exercised in making a compatibility determination is the
availability of resources. This facet of sound professional
judgment is intended to allow the manager to consider whether
adequate financial, personnel, law enforcement, and
infrastructure exists or can be provided in some manner by the
USFWS or its partners to properly manage a public use.
New paragraph (3)(B)(v) requires the Secretary, in the new
regulations, to develop a process for expeditious consideration
of uses that are likely to be compatible. This paragraph is
intended to reduce the administrative burden on the refuge
manager for those uses that are likely to be found to be
compatible, such as many instances of wildlife-dependent
recreation or the routine maintenance of certain types of
existing facilities such as power lines. There are numerous
existing rights-of-way on National Wildlife Refuge System lands
for roads, oil and gas pipelines, electrical transmission,
communication facilities, and other utilities. The Committee
does not intend for this Act to in any way change, restrict, or
eliminate these existing rights-of-way, whether established by
easement or permit, or to grant the USFWS any authority that
does not already exist to do so. The Secretary need not seek
public comment for each expedited determination under this
provision if an adequate opportunity for public comment had
been provided on the specific use previously, or on a use that
may be subject to this provision during the planning process
and the required reevaluations. However, prior to each such
determination, public notice must be given and the written
determination must be subject to public inspection.
Pursuant to Section 4(d) of the NWRSAA, a determination of
compatibility must be made by the USFWS prior to permitting an
activity to occur, but a determination of compatibility does
not require that a particular proposed use be permitted. This
legislation does not change that provision. Determinations on
whether to allow otherwise compatible uses are based on System
mission, policy, refuge purposes, availability of resources to
manage the use, possible conflicts with other uses, public
safety, and other administrative factors. If a refuge manager
has other valid reasons for not permitting a use on the refuge,
a determination of compatibility does not require the use to be
allowed. As referenced earlier, the manager should
``facilitate'' wildlife-dependent recreational uses which have
been determined to be compatible.
New paragraph (3)(A)(iv) provides that all compatibility
determinations in effect on the date of enactment of this Act
shall remain in effect until and unless modified. Inasmuch as
the current NWRSAA requirement that all uses be compatible is
not revised by H.R. 1420, any decisions on uses during the
period between enactment of H.R. 1420 and the implementation of
the new regulations would be made under the existing standards
and process.
section 7. 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 at least every 15 years. Units are to be managed under
existing plans until new plans are written. Activities
consistent with H.R. 1420 and, until new regulations are
issued, those found compatible under current procedures, may be
allowed 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.
This Section requires the development of comprehensive
conservation plans for each refuge or related complex of
refuges. The National Park Service, U.S. Forest Service, and
Bureau of Land Management conduct comprehensive planning of
their lands pursuant to the organic legislation governing those
agencies. The USFWS has prepared both System plans and
individual refuge plans in the past, but the effort has been
largely sporadic.
Many individual refuges have developed comprehensive refuge
plans, either pursuant to the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.), an agency directive,
or by statute. This Section requires the development of
conservation plans for all refuges and related complexes of
refuges within 15 years of enactment of H.R. 1420 and every 15
years thereafter.
In developing a schedule for preparing or revising
individual refuge plans, the USFWS should defer until the end
of the planning cycle plans for refuges which have recently
completed comprehensive planning efforts, unless conservation
or management needs require expedited action.
section 8. emergency power; presidential exemption: state authority;
water rights; coordination
This Section allows the Secretary to temporarily suspend,
allow or initiate any activity in a refuge if the Secretary
determines it is necessary to protect the health and safety of
the public or any fish and wildlife populations, and includes
three saving clauses providing that H.R. 1420:
does not expand or diminish the Secretary's authority
to regulate hunting or fishing on lands or waters not
within the System;
does not expand or diminish the authority,
jurisdiction or responsibility of States to manage,
control or regulate fish and resident wildlife under
State law or regulations within the Refuge System;
does not create a reserved water right for the United
States, affect any water right, affect any Federal or
State law regarding water quality or water quantity in
existence on the date of enactment nor does it affect
the ability to join the United States in the
adjudication of rights to the use of water pursuant to
the McCarran Act.
Finally, Section 8 provides that consultation with State
agency personnel pursuant to H.R. 1420 is not subject to the
Federal Advisory Committee Act.
section 9. statutory construction
Section 9 provides a saving clause to maintain the status
quo for the protection of subsistence uses in Alaska, as set
forth in the Alaska National Interest Lands Conservation Act
(ANILCA), and for the provisions of ANILCA generally.
The saving clause in H.R. 1420 is designed to ensure that
these provisions are not altered in any manner by clarifying
Congressional intent that the bill should not have any effect
on subsistence rights in Alaska. If any conflict arises between
any provision of H.R. 1420 and any provision of ANILCA, then
the provision in ANILCA shall prevail.
The Committee does not intend H.R. 1420 to be used to
support any claims raised in Federal or State court on
subsistence issues.
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.
Constitutional Authority Statement
Article IV, Section 3, of the Constitution of the United
States grants Congress the authority to enact H.R. 1420.
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. 1420. 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.
1420 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. 1420.
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.
1420 from the Director of the Congressional Budget Office.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 9, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1420, the National
Wildlife Refuge System Improvement Act of 1997.
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.
Enclosure.
H.R. 1420--National Wildlife Refuge System Improvement Act of 1997
CBO estimates that implementing H.R. 1420 would have no
effect on the federal budget because the government is already
carrying out activities similar to those mandated by the bill.
The bill would not affect direct spending or receipts;
therefore pay-as-you-go procedures would not apply. H.R. 1420
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act of 1995 and would
impose no costs on state, local, or tribal governments.
H.R. 1420 would amend the National Wildlife Refuge System
Administration Act of 1966. In addition to creating a mission
for the National Wildlife Refuge System (NWRS), the bill also
would codify Executive Order 12996, recognizing compatible
wildlife-dependent recreation as an appropriate general public
use of system lands. The bill defines the term ``wildlife-
dependent recreation'' to mean hunting, fishing, wildlife
observation, and similar uses and gives such activities
priority consideration in refuge planning and management.
Finally, H.R. 1420 would require the U.S. Fish and Wildlife
Service (USFWS) to promulgate comprehensive conservation plans
for each refuge or refuge complex (referred to in the bill as
``planning units'') within 15 years of the bill's enactment.
Such plans would be revised every 15 years.
Enactment of this bill would not affect the federal budget
because the USFWS is already in the process of preparing
comprehensive plans for the more than 250 planning areas of the
NWRS. For fiscal year 1997, about $2.6 million was appropriated
for this purpose, an annual funding level sufficient to enable
the agency to prepare and revise all plans within 15 years or
less. The President's 1998 budget request for comprehensive
planning is nearly $4.6 million. The requested funding increase
of about $2 million would allow the USFWS to accelerate the
planning process, so that all plans could be completed by 2006
if annual funding is provided at the higher level. This
estimate is based on information provided by the USFWS.
The CBO contact for this estimate is Deborah Reis. The
estimate was approved by Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
H.R. 1420 contains no unfunded mandates.
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):
NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF 1966
* * * * * * *
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
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 of America 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;
(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 for
compatible wildlife-dependent recreational activities
within the System;
(J) ensure that priority general public uses 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.
[(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
[authorized--] 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 inconsistent 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, and consistent with
standards established by this Act, enter into cooperative
agreements with State fish and wildlife agencies for the
management of programs on 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) * * *
(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 (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 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 this Act 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), 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 10 years, to ensure that the use remains a
compatible use;
(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 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;
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
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.
(5) Overflights above a refuge may be governed by any
memorandum of understanding entered into by the Secretary that
applies to 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
recreation.
(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 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.
[(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 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 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 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.).
[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 purposes of this Act:
(1) The term ``compatible use'' means a use that, in
the sound professional judgment of the Director, will
not materially interfere with or detract from the
fulfillment of the mission of the System or the
purposes of a refuge.
(2) The terms ``wildlife-dependent recreation'' and
``wildlife-dependent recreational use'' mean a use of a
refuge involving hunting, fishing, wildlife observation
and photography, or environmental education and
interpretation.
(3) The term ``sound professional judgment'' means a
finding, determination, or decision that is consistent
with principles of sound fish and wildlife management
and administration, available science and resources,
and adherence to the requirements of this Act and other
applicable laws.
(4) The terms ``conserving'', ``conservation'',
``manage'', ``managing'', and ``management'', mean to
sustain and, where appropriate, restore and enhance,
healthy populations of fish, wildlife, and plants
utilizing, in accordance with applicable Federal and
State laws, methods and procedures associated with
modern scientific resource programs. Such methods and
procedures include, consistent with the provisions of
this Act, protection, research, census, law
enforcement, habitat management, propagation, live
trapping and transplantation, and regulated taking.
(5) The term ``Coordination Area'' means a wildlife
management area that is made available to a State--
(A) by cooperative agreement between the
United States Fish and Wildlife Service and the
State fish and game agency pursuant to section
4 of the Fish and Wildlife Coordination Act (16
U.S.C. 664); or
(B) by long-term leases or agreements
pursuant to the Bankhead-Jones Farm Tenant Act
(50 Stat. 525; 7 U.S.C. 1010 et seq.).
(6) The term ``Director'' means the Director of the
United States Fish and Wildlife Service or his
designee.
(7) 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.
(8) The term ``person'' means any individual,
partnership, corporation, or association.
(9) 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.
(10) The terms ``purposes of the refuge'' and
``purposes of each refuge'' mean the purposes specified
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.
(11) The term ``refuge'' means a designated area of
land, water, or an interest in land or water within the
System, but does not include Coordination Areas.
(12) The term ``Secretary'' means the Secretary of
the Interior.
(13) 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.
(14) The term ``System'' means the National Wildlife
Refuge System designated under section 4(a)(1).
(15) The terms ``take'', ``taking'', and ``taken''
mean to pursue, hunt, shoot, capture, collect, or kill,
or to attempt to pursue, hunt, shoot, capture, collect,
or kill.
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