IIA

104TH CONGRESS

1ST SESSION H. R. 1141

IN THE SENATE OF THE UNITED STATES

JULY 12 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

To amend the Act popularly known as the ‘‘Sikes Act’’

to enhance fish and wildlife conservation and natural

resources management programs.

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 Improvement

5 Amendments of 1995’’.
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1 SEC. 2. AMENDMENT OF SIKES ACT.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of the Act entitled ‘‘An Act to

7 promote effectual planning, development, maintenance,

8 and coordination of wildlife, fish, and game conservation

9 and rehabilitation in military reservations’’, approved Sep10 tember 15, 1960 (16 U.S.C. 670a et seq.), commonly re11 ferred to, and in this Act referred to, as the ‘‘Sikes Act’’.

12 SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT

13 PLANS GENERALLY.

14 (a) IN GENERAL.—Section 101(a) (16 U.S.C.

15 670a(a)) is amended—

16 (1) by striking ‘‘is authorized to’’ and inserting

17 ‘‘shall’’;

18 (2) by striking ‘‘in each military reservation in

19 accordance with a cooperative plan’’ and inserting

20 the following: ‘‘on military installations. Under the

21 program, the Secretary shall prepare and implement

22 for each military installation in the United States an

23 integrated natural resource management plan’’;

24 (3) by inserting after ‘‘reservation is located’’

25 the following: ‘‘, except that the Secretary is not re26 quired to prepare such a plan for a military installa-
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1 tion if the Secretary determines that preparation of

2 such a plan for the installation is not appropriate’’;

3 and

4 (4) by inserting ‘‘(1)’’ after ‘‘(a)’’, and adding

5 at the end the following new paragraph:

6 ‘‘(2) Consistent with essential military require7 ments to enhance the national security of the United

8 States, the Secretary of Defense shall manage each

9 military installation to provide—

10 ‘‘(A) for the conservation of fish and wild11 life on the military installation and sustained

12 multipurpose uses of those resources, including

13 hunting, fishing, and trapping; and

14 ‘‘(B) public access that is necessary or ap15 propriate for those uses.’’.

16 (b) CONFORMING AMENDMENTS.—Title I, as amend17 ed by subsection (a) of this section, is further amended—

18 (1) in section 101(b) (16 U.S.C. 670a(b)) in

19 the matter preceding paragraph (1) by striking ‘‘co20 operative plan’’ and inserting ‘‘integrated natural re21 source management plan’’;

22 (2) in section 101(b)(4) (16 U.S.C. 670a(b)(4))

23 by striking ‘‘cooperative plan’’ each place it appears

24 and inserting ‘‘integrated natural resource manage25 ment plan’’;
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1 (3) in section 101(c) (16 U.S.C. 670a(c)) in the

2 matter preceding paragraph (1) by striking ‘‘a coop3 erative plan’’ and inserting ‘‘an integrated natural

4 resource management plan’’;

5 (4) in section 101(d) (16 U.S.C. 670a(d)) in

6 the matter preceding paragraph (1) by striking ‘‘co7 operative plans’’ and inserting ‘‘integrated natural

8 resource management plans’’;

9 (5) in section 101(e) (16 U.S.C. 670a(e)) by

10 striking ‘‘Cooperative plans’’ and inserting ‘‘Inte11 grated natural resource management plans’’;

12 (6) in section 102 (16 U.S.C. 670b) by striking

13 ‘‘a cooperative plan’’ and inserting ‘‘an integrated

14 natural resource management plan’’;

15 (7) in section 103 (16 U.S.C. 670c) by striking

16 ‘‘a cooperative plan’’ and inserting ‘‘an integrated

17 natural resource management plan’’;

18 (8) in section 106(a) (16 U.S.C. 670f(a)) by

19 striking ‘‘cooperative plans’’ and inserting ‘‘inte20 grated natural resource management plans’’; and

21 (9) in section 106(c) (16 U.S.C. 670f(c)) by

22 striking ‘‘cooperative plans’’ and inserting ‘‘inte23 grated natural resource management plans’’.

24 (c) CONTENTS OF PLANS.—Section 101(b) (16

25 U.S.C. 670a(b)) is amended—
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1 (1) in paragraph (1)—

2 (A) in subparagraph (C) by striking ‘‘and’’

3 after the semicolon;

4 (B) in subparagraph (D) by striking the

5 semicolon at the end and inserting a comma;

6 and

7 (C) by adding at the end the following:

8 ‘‘(E) wetland protection and restoration,

9 and wetland creation where necessary, for sup10 port of fish or wildlife,

11 ‘‘(F) consideration of conservation needs

12 for all biological communities, and

13 ‘‘(G) the establishment of specific natural

14 resource management goals, objectives, and

15 time-frames for proposed actions;’’;

16 (2) by striking paragraph (3);

17 (3) by redesignating paragraph (2) as para18 graph (3);

19 (4) by inserting after paragraph (1) the follow20 ing:

21 ‘‘(2) shall for the military installation for which

22 it is prepared—

23 ‘‘(A) address the needs for fish and wildlife

24 management, land management, forest manage25 ment, and wildlife-oriented recreation;
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1 ‘‘(B) ensure the integration of, and con2 sistency among, the various activities conducted

3 under the plan;

4 ‘‘(C) ensure that there is no net loss in the

5 capability of installation lands to support the

6 military mission of the installation;

7 ‘‘(D) provide for sustained use by the pub8 lic of natural resources, to the extent that such

9 use is not inconsistent with the military mission

10 of the installation or the needs of fish and wild11 life management;

12 ‘‘(E) provide the public access to the in13 stallation that is necessary or appropriate for

14 that use, to the extent that access is not incon15 sistent with the military mission of the installa16 tion; and

17 ‘‘(F) provide for professional enforcement

18 of natural resource laws and regulations;’’; and

19 (5) in paragraph (4)(A) by striking ‘‘collect the

20 fees therefor,’’ and inserting ‘‘collect, spend, admin21 ister, and account for fees therefor,’’.

22 (d) PUBLIC COMMENT.—Section 101 (16 U.S.C.

23 670a) is amended by adding at the end the following:

24 ‘‘(f) PUBLIC COMMENT.—The Secretary of Defense

25 shall provide an opportunity for public comment on each
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1 integrated natural resource management plan prepared

2 under subsection (a).’’.

3 SEC. 4. REVIEW FOR PREPARATION OF INTEGRATED NATU4 RAL RESOURCE MANAGEMENT PLANS.

5 (a) REVIEW OF MILITARY INSTALLATIONS.—

6 (1) REVIEW.—The Secretary of each military

7 department shall, by not later than 9 months after

8 the date of the enactment of this Act—

9 (A) review each military installation in the

10 United States that is under the jurisdiction of

11 that Secretary to determine the military instal12 lations for which the preparation of an inte13 grated natural resource management plan

14 under section 101 of the Sikes Act, as amended

15 by this Act, is appropriate; and

16 (B) submit to the Secretary of Defense a

17 report on those determinations.

18 (2) REPORT TO CONGRESS.—The Secretary of

19 Defense shall, by not later than 12 months after the

20 date of the enactment of this Act, submit to the

21 Congress a report on the reviews conducted under

22 paragraph (1). The report shall include—

23 (A) a list of those military installations re24 viewed under paragraph (1) for which the Sec25 retary of Defense determines the preparation of
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1 an integrated natural resource management

2 plan is not appropriate; and

3 (B) for each of the military installations

4 listed under subparagraph (A), an explanation

5 of the reasons such a plan is not appropriate.

6 (b) DEADLINE FOR INTEGRATED NATURAL RE7 SOURCE MANAGEMENT PLANS.—Not later than 2 years

8 after the date of the submission of the report required

9 under subsection (a)(2), the Secretary of Defense shall,

10 for each military installation for which the Secretary has

11 not determined under subsection (a)(2)(A) that prepara12 tion of an integrated natural resource management plan

13 is not appropriate—

14 (1) prepare and begin implementing such a plan

15 mutually agreed to by the Secretary of the Interior

16 and the head of the appropriate State agencies

17 under section 101(a) of the Sikes Act, as amended

18 by this Act; or

19 (2) in the case of a military installation for

20 which there is in effect a cooperative plan under sec21 tion 101(a) of the Sikes Act on the day before the

22 date of the enactment of this Act, complete negotia23 tions with the Secretary of the Interior and the

24 heads of the appropriate State agencies regarding

25 changes to that plan that are necessary for the plan
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1 to constitute an integrated natural resource plan

2 that complies with that section, as amended by this

3 Act.

4 (c) PUBLIC COMMENT.—The Secretary of Defense

5 shall provide an opportunity for the submission of public

6 comments on—

7 (1) integrated natural resource management

8 plans proposed pursuant to subsection (b)(1); and

9 (2) changes to cooperative plans proposed pur10 suant to subsection (b)(2).

11 SEC. 5. ANNUAL REVIEWS AND REPORTS.

12 Section 101 (16 U.S.C. 670a) is further amended by

13 adding after subsection (f) (as added by section 3(d) of

14 this Act) the following:

15 ‘‘(g) REVIEWS AND REPORTS.—

16 ‘‘(1) SECRETARY OF DEFENSE.—The Secretary

17 of Defense shall, by not later than March 1 of each

18 year, review the extent to which integrated natural

19 resource management plans were prepared or in ef20 fect and implemented in accordance with this Act in

21 the preceding year, and submit a report on the find22 ings of that review to the committees. Each report

23 shall include—

24 ‘‘(A) the number of integrated natural re25 source management plans in effect in the year
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1 covered by the report, including the date on

2 which each plan was issued in final form or

3 most recently revised;

4 ‘‘(B) the amount of moneys expended on

5 conservation activities conducted pursuant to

6 those plans in the year covered by the report,

7 including amounts expended under the Legacy

8 Resource Management Program established

9 under section 8120 of the Act of November 5,

10 1990 (Public Law 101–511; 104 Stat. 1905);

11 and

12 ‘‘(C) an assessment of the extent to which

13 the plans comply with the requirements of sub14 section (b)(1) and (2), including specifically the

15 extent to which the plans ensure in accordance

16 with subsection (b)(2)(C) that there is no net

17 loss of lands to support the military missions of

18 military installations.

19 ‘‘(2) SECRETARY OF THE INTERIOR.—The Sec20 retary of the Interior, by not later than March 1 of

21 each year and in consultation with State agencies re22 sponsible for conservation or management of fish or

23 wildlife, shall submit a report to the committees on

24 the amount of moneys expended by the Department

25 of the Interior and those State agencies in the year
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1 covered by the report on conservation activities con2 ducted pursuant to integrated natural resource man3 agement plans.

4 ‘‘(3) COMMITTEES DEFINED.—For purposes of

5 this subsection, the term ‘committees’ means the

6 Committees on Resources and National Security of

7 the House of Representatives and the Committees

8 on Armed Services and Environment and Public

9 Works of the Senate.’’.

10 SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED NATU11 RAL RESOURCE MANAGEMENT PLANS; EN12 FORCEMENT OF OTHER LAWS.

13 Title I (16 U.S.C. 670a et seq.) is amended—

14 (1) by redesignating section 106 as section 110;

15 and

16 (2) by inserting after section 105 the following:

17 ‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.

18 ‘‘All Federal laws relating to the conservation of nat19 ural resources on Federal lands may be enforced by the

20 Secretary of Defense with respect to violations of those

21 laws which occur on military installations within the

22 United States.’’.
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1 SEC. 7. NATURAL RESOURCE MANAGEMENT SERVICES.

2 Title I (16 U.S.C. 670a et seq.) is amended by insert3 ing after section 106 (as added by section 6 of this Act)

4 the following:

5 ‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.

6 ‘‘The Secretary of each military department shall en7 sure that sufficient numbers of professionally trained nat8 ural resource management personnel and natural resource

9 law enforcement personnel are available and assigned re10 sponsibility to perform tasks necessary to comply with this

11 Act, including the preparation and implementation of inte12 grated natural resource management plans.’’.

13 SEC. 8. DEFINITIONS.

14 Title I (16 U.S.C. 670a et seq.) is further amended

15 by inserting after section 107 (as added by section 7 of

16 this Act) the following:

17 ‘‘SEC. 108. DEFINITIONS.

18 ‘‘In this title:

19 ‘‘(1) MILITARY DEPARTMENT.—The term ‘mili20 tary department’ means the Department of the

21 Army, the Department of the Navy, and the Depart22 ment of the Air Force.

23 ‘‘(2) MILITARY INSTALLATION.—The term

24 ‘military installation’—

25 ‘‘(A) means any land or interest in land

26 owned by the United States and administered
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1 by the Secretary of Defense or the head of a

2 military department; and

3 ‘‘(B) includes all public lands withdrawn

4 from all forms of appropriation under public

5 land laws and reserved for use by the Secretary

6 of Defense or the head of a military depart7 ment.

8 ‘‘(3) STATE FISH AND WILDLIFE AGENCY.—The

9 term ‘State fish and wildlife agency’ means an agen10 cy of State government that is responsible under

11 State law for managing fish or wildlife resources.

12 ‘‘(4) UNITED STATES.—The term ‘United

13 States’ means the States, the District of Columbia,

14 and the territories and possessions of the United

15 States.’’.

16 SEC. 9. SHORT TITLE.

17 Title I (16 U.S.C. 670a et seq.) is further amended

18 by inserting after section 108 (as added by section 7 of

19 this Act) the following:

20 ‘‘SEC. 109. SHORT TITLE.

21 ‘‘This title may be cited as the ‘Sikes Act’.’’.

22 SEC. 10. COOPERATIVE AGREEMENTS.

23 (a) COST SHARING.—Section 103a(b) (16 U.S.C.

24 670c–1(b)) is amended by striking ‘‘matching basis’’ each

25 place it appears and inserting ‘‘cost-sharing basis’’.
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1 (b) ACCOUNTING.—Section 103a(c) (16 U.S.C.

2 670c–1(c)) is amended by inserting before the period at

3 the end the following: ‘‘, and shall not be subject to section

4 1535 of that title’’.

5 SEC. 11. REPEAL.

6 Section 2 of the Act of October 27, 1986 (Public Law

7 99–651; 16 U.S.C. 670a–1) is repealed.

8 SEC. 12. CLERICAL AMENDMENTS.

9 Title I, as amended by this Act, is further amended—

10 (1) in the heading for the title by striking

11 ‘‘MILITARY RESERVATIONS’’ and inserting ‘‘MILI12 TARY INSTALLATIONS’’;

13 (2) in section 101(a) (16 U.S.C. 670a(a)) by

14 striking ‘‘the reservation’’ and inserting ‘‘the instal15 lation’’;

16 (3) in section 101(b)(4) (16 U.S.C.

17 670a(b)(4))—

18 (A) in subparagraph (A) by striking ‘‘the

19 reservation’’ and inserting ‘‘the installation’’;

20 and

21 (B) in subparagraph (B) by striking ‘‘the

22 military reservation’’ and inserting ‘‘the mili23 tary installation’’;

24 (4) in section 101(c) (16 U.S.C. 670a(c))—
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1 (A) in paragraph (1) by striking ‘‘a mili2 tary reservation’’ and inserting ‘‘a military in3 stallation’’; and

4 (B) in paragraph (2) by striking ‘‘the res5 ervation’’ and inserting ‘‘the installation’’;

6 (5) in section 102 (16 U.S.C. 670b) by striking

7 ‘‘military reservations’’ and inserting ‘‘military in8 stallations’’; and

9 (6) in section 103 (16 U.S.C. 670c) by striking

10 ‘‘military reservations’’ and inserting ‘‘military in11 stallations’’.

12 SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.

13 (a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub14 sections (b) and (c) of section 110 (as redesignated by

15 section 6 of this Act) are each amended by striking

16 ‘‘1983’’ and all that follows through ‘‘1993,’’ and inserting

17 ‘‘1995, 1996, 1997, and 1998,’’.

18 (b) PROGRAMS ON PUBLIC LANDS.—Section 209 (16

19 U.S.C. 670o) is amended—

20 (1) in subsection (a), by striking ‘‘the sum of

21 $10,000,000’’ and all that follows through ‘‘to en22 able the Secretary of the Interior’’ and inserting

23 ‘‘$4,000,000 for each of fiscal years 1995, 1996,

24 1997, and 1998, to enable the Secretary of the Inte25 rior’’; and
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1 (2) in subsection (b), by striking ‘‘the sum of

2 $12,000,000’’ and all that follows through ‘‘to en3 able the Secretary of Agriculture’’ and inserting

4 ‘‘$5,000,000 for each of fiscal years 1995, 1996,

5 1997, and 1998, to enable the Secretary of Agri6 culture’’.

Passed the House of Representatives July 11, 1995.

Attest: ROBIN H. CARLE,

Clerk.