IB 

Union Calendar No. 76

108TH CONGRESS 

1ST SESSION H. R. 1497

[Report No. 108–100, Part I] 

To reauthorize title I of the Sikes Act. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2003

Mr. POMBO introduced the following bill; which was referred to the Committee 

on Resources, and in addition to the Committee on Armed Services, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

MAY 14, 2003

Reported from the Committee on Resources with amendments 

[Strike out all after the enacting clause and insert the part printed in italic] 

MAY 14, 2003

Referral to the Committee on Armed Services extended for a period ending 

not later than June 13, 2003

JUNE 13, 2003

The Committee on Armed Services discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on March 27, 2003] 

A BILL

To reauthorize title I of the Sikes Act.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sikes Act Reauthoriza5 tion Act of 2003’’. 

6 SEC. 2. REAUTHORIZATION OF TITLE I OF SIKES ACT. 

7 Section 108 of the Sikes Act (16 U.S.C. 670f) is 

8 amended by striking ‘‘fiscal years 1998 through 2003’’ each 

9 place it appears and inserting ‘‘fiscal years 2004 through 

10 2008’’.

11 SEC. 3. SENSE OF CONGRESS. 

12 (a) FINDINGS.—The Congress finds the following: 

13 (1) The Department of Defense maintains over 

14 25,000,000 acres of valuable fish and wildlife habitat 

15 on approximately 400 military installations nation16 wide. 

17 (2) These lands contain a wealth of plant and 

18 animal life, vital wetlands for migratory birds, and 

19 nearly 300 federally listed threatened species and en20 dangered species. 

21 (3) Increasingly, land surrounding military 

22 bases are being developed with residential and com23 mercial infrastructure that fragments fish and wild24 life habitat and decreases its ability to support a di25 versity of species. 
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1 (4) Comprehensive conservation plans, such as 

2 integrated natural resource management plans under 

3 the Sikes Act (16 U.S.C. 670 et seq.), can ensure that 

4 these ecosystem values can be protected and enhanced 

5 while allowing these lands to meet the needs of mili6 tary operations. 

7 (5) Section 107 of the Sikes Act (16 U.S.C. 

8 670e–2) requires sufficient numbers of professionally 

9 trained natural resources management personnel and 

10 natural resources law enforcement personnel to be 

11 available and assigned responsibility to perform tasks 

12 necessary to carry out title I of the Sikes Act, includ13 ing the preparation and implementation of integrated 

14 natural resource management plans.

15 (6) Managerial and policymaking functions per16 formed by Department of Defense on-site profes17 sionally trained natural resource management per18 sonnel on military installations are appropriate gov19 ernmental functions. 

20 (7) Professionally trained civilian biologists in 

21 permanent Federal Government career managerial 

22 positions are essential to oversee fish and wildlife and 

23 natural resource conservation programs are essential 

24 to the conservation of wildlife species on military 

25 land.
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1 (b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that the Secretary of Defense should take whatever steps are 

3 necessary to ensure that section 107 of the Sikes Act (16 

4 U.S.C. 670e–2) is fully implemented consistent with the 

5 findings made in subsection (a).

6 SEC. 4. ADVANCE NOTICE AND CONSULTATION REGARDING 

7 INTEGRATED NATURAL RESOURCE MANAGE8 MENT PLANS. 

9 Section 101(a)(2) of the Sikes Act (16 U.S.C. 

10 670a(a)(2)) is amended—

11 (1) by inserting ‘‘(A)’’ before ‘‘The Secretary’’; 

12 and 

13 (2) by adding at the end the following: 

14 ‘‘(B)(i) The Secretary of a military department 

15 shall advise the Secretary of the Interior and the head 

16 of the appropriate State fish and wildlife agency of 

17 the intent of the Secretary of the military department 

18 to prepare or revise an integrated natural resources 

19 management plan under this subsection, by not later 

20 than 30 days before publishing public notice of such 

21 intent. 

22 ‘‘(ii) The Secretary of the military department, 

23 the Secretary of the Interior, and the head of such ap24 propriate State fish and wildlife agency, in the period 

25 beginning on the date of publication of notice under 
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1 clause (i) and ending on the date of publication of 

2 public notice referred to in clause (i), shall consult to 

3 determine the following: 

4 ‘‘(I) The intended scope of the integrated 

5 natural resources management plan that is the 

6 subject of the notice.

7 ‘‘(II) The timetable for preparation or revi8 sion of such plan. 

9 ‘‘(III) What steps must be taken to comply 

10 with section 102 of the National Environmental 

11 Policy Act of 1969 (42 U.S.C. 4332) in such 

12 preparation or revision. 

13 ‘‘(IV) An estimation of the financial and 

14 human resources needed to complete such prepa15 ration or revision.’’.

16 SEC. 5. RESOURCE AGENCY CERTIFICATIONS REGARDING 

17 INTEGRATED NATURAL RESOURCE MANAGE18 MENT PLANS. 

19 Section 101 of the Sikes Act (16 U.S.C. 670a) is fur20 ther amended—

21 (1) in subsection (a)(2), by adding at the end the 

22 following: 

23 ‘‘(C) An integrated natural resources manage24 ment plan prepared or revised under this section shall 

25 not be considered to reflect the mutual agreement of 
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1 the parties for purposes of subparagraph (A) unless 

2 the Secretary of the Interior, the head of the appro3 priate State fish and wildlife agency, and the Sec4 retary of the military department that prepares or re5 vises the plan each certify that the plan adequately 

6 addresses conservation, protection, and management 

7 of fish and wildlife resources.’’; 

8 (2) in subsection (b)(2), by inserting ‘‘and recer9 tified under subsection (a)(2)(C) by each of the Sec10 retary of the Interior, the head of the appropriate 

11 State fish and wildlife agency, and the Secretary of 

12 the military department that prepared the plan’’ after 

13 ‘‘parties thereto’’; and 

14 (3) in subsection (f)(2), by adding at the end the 

15 following: ‘‘The report shall include a statement of the 

16 number of integrated natural resources management 

17 plans that were certified or recertified by the Sec18 retary of the Interior under subsection (a)(2)(C) in 

19 the year covered by the report.’’.

20 SEC. 6. PUBLIC NOTICE AND COMMENT REGARDING INTE21 GRATED NATURAL RESOURCE MANAGEMENT 

22 PLANS. 

23 Section 101(a)(2) of the Sikes Act (16 U.S.C. 

24 670a(a)(2)) is further amended by adding at the end the 

25 following: 
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1 ‘‘(D) The Secretary of a military department 

2 shall—

3 ‘‘(i) publish public notice in the Federal 

4 Register or, if more appropriate, a readily acces5 sible publication such as a local or regional 

6 newspaper, of the intent of the Secretary to pre7 pare or revise an integrated natural resources 

8 management plan under this paragraph; and 

9 ‘‘(ii) provide an opportunity for the submis10 sion by the public of comments regarding such 

11 preparation or revision, for a period of at least 

12 30 days.’’.

13 SEC. 7. INVASIVE SPECIES MANAGEMENT FOR MILITARY IN14 STALLATIONS. 

15 (a) IN GENERAL.—Section 101(b)(1) of the Sikes Act 

16 (16 U.S.C. 670a(b)(1)) is amended by redesignating sub17 paragraphs (D) through (J) in order as subparagraphs (E) 

18 through (K), and by inserting after subparagraph (C) the 

19 following: 

20 ‘‘(D) in the case of a plan for a military in21 stallation in Guam, management, control, and 

22 eradication of invasive species that are not na23 tive to the ecosystem of the military installation 

24 and the introduction of which cause or may 

25 cause harm to military readiness, the environ-
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1 ment, the economy, or human health and safe2 ty;’’. 

3 (b) APPLICATION.—The amendment made by sub4 section (a) shall apply—

5 (1) to any integrated natural resources manage6 ment plan prepared under section 101(a)(1) of the 

7 Sikes Act (16 U.S.C. 670a(a)(1)) on or after the date 

8 of the enactment of this Act; and 

9 (2) to any integrated natural resources manage10 ment plan prepared under section 101(a)(1) of the 

11 Sikes Act (16 U.S.C. 670a(a)(1)) before the date of the 

12 enactment of this Act, effective March 1, 2004.

Amend the title so as to read: ‘‘A bill to reauthorize 

title I of the Sikes Act, and for other purposes.’’.

Union Calendar No. 76

108TH CONGRESS 

1ST SESSION H. R. 1497

[Report No. 108–100, Part I] 

A BILL

To reauthorize title I of the Sikes Act. 

JUNE 13, 2003

The Committee on Armed Services discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed