IB

Union Calendar No. 57

104TH CONGRESS

1ST SESSION H. R. 1141

[Report No. 104–107, Parts I and III]

To amend the Act popularly known as the ‘‘Sikes Act’’ to enhance fish

and wildlife conservation and natural resources management programs.

IN THE HOUSE OF REPRESENTATIVES

MARCH 6, 1995

Mr. YOUNG of Alaska (for himself, Mr. SAXTON, and Mr. STUDDS) introduced

the following bill; which was referred to the Committee on Resources

MAY 1, 1995

Reported with an amendment and referred to the Committee on National Security for a period ending not later than June 1, 1995 for consideration

of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(n), rule X

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

JUNE 1, 1995

Reported from the Committee on National Security with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed

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

[For text of introduced bill, see copy of bill as introduced on March 6, 1995]

A BILL

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

to enhance fish and wildlife conservation and natural

resources management programs.
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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 Improvement

5 Amendments of 1995’’.

6 SEC. 2. AMENDMENT OF SIKES ACT.

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms of

9 an amendment to, or repeal of, a section or other provision,

10 the reference shall be considered to be made to a section or

11 other provision of the Act entitled ‘‘An Act to promote effec12 tual planning, development, maintenance, and coordination

13 of wildlife, fish, and game conservation and rehabilitation

14 in military reservations’’, approved September 15, 1960 (16

15 U.S.C. 670a et seq.), commonly referred to, and in this Act

16 referred to, as the ‘‘Sikes Act’’.

17 SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT

18 PLANS GENERALLY.

19 (a) IN GENERAL.—Section 101(a) (16 U.S.C. 670a(a))

20 is amended—

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

22 ‘‘shall’’;

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

24 accordance with a cooperative plan’’ and inserting

25 the following: ‘‘on military installations. Under the
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1 program, the Secretary shall prepare and implement

2 for each military installation in the United States an

3 integrated natural resource management plan’’;

4 (3) by inserting after ‘‘reservation is located’’ the

5 following: ‘‘, except that the Secretary is not required

6 to prepare such a plan for a military installation if

7 the Secretary determines that preparation of such a

8 plan for the installation is not appropriate’’; and

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

10 the end the following new paragraph:

11 ‘‘(2) Consistent with essential military require12 ments to enhance the national security of the United

13 States, the Secretary of Defense shall manage each

14 military installation to provide—

15 ‘‘(A) for the conservation of fish and wild16 life on the military installation and sustained

17 multipurpose uses of those resources, including

18 hunting, fishing, and trapping; and

19 ‘‘(B) public access that is necessary or ap20 propriate for those uses.’’.

21 (b) CONFORMING AMENDMENTS.—Title I, as amended

22 by subsection (a) of this section, is further amended—

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

24 matter preceding paragraph (1) by striking ‘‘coopera-
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1 tive plan’’ and inserting ‘‘integrated natural resource

2 management plan’’;

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

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

5 and inserting ‘‘integrated natural resource manage6 ment plan’’;

7 (3) in section 101(c) (16 U.S.C. 670a(c)) in the

8 matter preceding paragraph (1) by striking ‘‘a coop9 erative plan’’ and inserting ‘‘an integrated natural

10 resource management plan’’;

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

12 matter preceding paragraph (1) by striking ‘‘coopera13 tive plans’’ and inserting ‘‘integrated natural re14 source management plans’’;

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

16 striking ‘‘Cooperative plans’’ and inserting ‘‘Inte17 grated natural resource management plans’’;

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

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

20 natural resource management plan’’;

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

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

23 natural resource management plan’’;
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1 (8) in section 106(a) (16 U.S.C. 670f(a)) by

2 striking ‘‘cooperative plans’’ and inserting ‘‘inte3 grated natural resource management plans’’; and

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

5 striking ‘‘cooperative plans’’ and inserting ‘‘inte6 grated natural resource management plans’’.

7 (c) CONTENTS OF PLANS.—Section 101(b) (16 U.S.C.

8 670a(b)) is amended—

9 (1) in paragraph (1)—

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

11 after the semicolon;

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

13 semicolon at the end and inserting a comma;

14 and

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

16 ‘‘(E) wetland protection and restoration,

17 and wetland creation where necessary, for sup18 port of fish or wildlife,

19 ‘‘(F) consideration of conservation needs for

20 all biological communities, and

21 ‘‘(G) the establishment of specific natural

22 resource management goals, objectives, and time23 frames for proposed actions;’’;

24 (2) by striking paragraph (3);
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1 (3) by redesignating paragraph (2) as para2 graph (3);

3 (4) by inserting after paragraph (1) the follow4 ing:

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

6 it is prepared—

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

8 management, land management, forest manage9 ment, and wildlife-oriented recreation;

10 ‘‘(B) ensure the integration of, and consist11 ency among, the various activities conducted

12 under the plan;

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

14 capability of installation lands to support the

15 military mission of the installation;

16 ‘‘(D) provide for sustained use by the public

17 of natural resources, to the extent that such use

18 is not inconsistent with the military mission of

19 the installation or the needs of fish and wildlife

20 management;

21 ‘‘(E) provide the public access to the instal22 lation that is necessary or appropriate for that

23 use, to the extent that access is not inconsistent

24 with the military mission of the installation;

25 and
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1 ‘‘(F) provide for professional enforcement of

2 natural resource laws and regulations;’’; and

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

4 fees therfor,’’ and inserting ‘‘collect, spend, admin5 ister, and account for fees therefor,’’.

6 (d) PUBLIC COMMENT.—Section 101 (16 U.S.C. 670a)

7 is amended by adding at the end the following:

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

9 shall provide an opportunity for public comment on each

10 integrated natural resource management plan prepared

11 under subsection (a).’’.

12 SEC. 4. REVIEW FOR PREPARATION OF INTEGRATED NATU13 RAL RESOURCE MANAGEMENT PLANS.

14 (a) REVIEW OF MILITARY INSTALLATIONS.—

15 (1) REVIEW.—The Secretary of each military de16 partment shall, by not later than 9 months after the

17 date of the enactment of this Act—

18 (A) review each military installation in the

19 United States that is under the jurisdiction of

20 that Secretary to determine the military instal21 lations for which the preparation of an inte22 grated natural resource management plan under

23 section 101 of the Sikes Act, as amended by this

24 Act, is appropriate; and
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1 (B) submit to the Secretary of Defense a re2 port on those determinations.

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

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

5 date of the enactment of this Act, submit to the Con6 gress a report on the reviews conducted under para7 graph (1). The report shall include—

8 (A) a list of those military installations re9 viewed under paragraph (1) for which the Sec10 retary of Defense determines the preparation of

11 an integrated natural resource management plan

12 is not appropriate; and

13 (B) for each of the military installations

14 listed under subparagraph (A), an explanation

15 of the reasons such a plan is not appropriate.

16 (b) DEADLINE FOR INTEGRATED NATURAL RESOURCE

17 MANAGEMENT PLANS.—Not later than 2 years after the

18 date of the submission of the report required under sub19 section (a)(2), the Secretary of Defense shall, for each mili20 tary installation for which the Secretary has not deter21 mined under subsection (a)(2)(A) that preparation of an

22 integrated natural resource management plan is not appro23 priate—

24 (1) prepare and begin implementing such a plan

25 mutually agreed to by the Secretary of the Interior
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1 and the head of the appropriate State agencies under

2 section 101(a) of the Sikes Act, as amended by this

3 Act; or

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

5 which there is in effect a cooperative plan under sec6 tion 101(a) of the Sikes Act on the day before the date

7 of the enactment of this Act, complete negotiations

8 with the Secretary of the Interior and the heads of the

9 appropriate State agencies regarding changes to that

10 plan that are necessary for the plan to constitute an

11 integrated natural resource plan that complies with

12 that section, as amended by this Act.

13 (c) PUBLIC COMMENT.—The Secretary of Defense shall

14 provide an opportunity for the submission of public com15 ments on—

16 (1) integrated natural resource management

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

18 (2) changes to cooperative plans proposed pursu19 ant to subsection (b)(2).

20 SEC. 5. ANNUAL REVIEWS AND REPORTS.

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

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

23 Act) the following:

24 ‘‘(g) REVIEWS AND REPORTS.—
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1 ‘‘(1) SECRETARY OF DEFENSE.—The Secretary of

2 Defense shall, by not later than March 1 of each year,

3 review the extent to which integrated natural resource

4 management plans were prepared or in effect and im5 plemented in accordance with this Act in the preced6 ing year, and submit a report on the findings of that

7 review to the committees. Each report shall include—

8 ‘‘(A) the number of integrated natural re9 source management plans in effect in the year

10 covered by the report, including the date on

11 which each plan was issued in final form or

12 most recently revised;

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

14 conservation activities conducted pursuant to

15 those plans in the year covered by the report, in16 cluding amounts expended under the Legacy Re17 source Management Program established under

18 section 8120 of the Act of November 5, 1990

19 (Public Law 101–511; 104 Stat. 1905); and

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

21 the plans comply with the requirements of sub22 section (b) (1) and (2), including specifically the

23 extent to which the plans ensure in accordance

24 with subsection (b)(2)(C) that there is no net loss
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1 of lands to support the military missions of mili2 tary installations.

3 ‘‘(2) SECRETARY OF THE INTERIOR.—The Sec4 retary of the Interior, by not later than March 1 of

5 each year and in consultation with State agencies re6 sponsible for conservation or management of fish or

7 wildlife, shall submit a report to the committees on

8 the amount of moneys expended by the Department of

9 the Interior and those State agencies in the year cov10 ered by the report on conservation activities con11 ducted pursuant to integrated natural resource man12 agement plans.

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

14 this subsection, the term ‘committees’ means the Com15 mittees on Resources and National Security of the

16 House of Representatives and the Committees on

17 Armed Services and Environment and Public Works

18 of the Senate.’’.

19 SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED NATURAL

20 RESOURCE MANAGEMENT PLANS; ENFORCE21 MENT OF OTHER LAWS.

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

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

24 and

25 (2) by inserting after section 105 the following:
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1 ‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.

2 ‘‘All Federal laws relating to the conservation of natu3 ral resources on Federal lands may be enforced by the Sec4 retary of Defense with respect to violations of those laws

5 which occur on military installations within the United

6 States.’’.

7 SEC. 7. NATURAL RESOURCE MANAGEMENT SERVICES.

8 Title I (16 U.S.C. 670a et seq.) is amended by insert9 ing after section 106 (as added by section 6 of this Act)

10 the following:

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

12 ‘‘The Secretary of each military department shall en13 sure that sufficient numbers of professionally trained natu14 ral resource management personnel and natural resource

15 law enforcement personnel are available and assigned re16 sponsibility to perform tasks necessary to comply with this

17 Act, including the preparation and implementation of inte18 grated natural resource management plans.’’.

19 SEC. 8. DEFINITIONS.

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

21 by inserting after section 107 (as added by section 7 of this

22 Act) the following:

23 ‘‘SEC. 108. DEFINITIONS.

24 ‘‘In this title:

25 ‘‘(1) MILITARY DEPARTMENT.—The term ‘mili26 tary department’ means the Department of the Army,
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1 the Department of the Navy, and the Department of

2 the Air Force.

3 ‘‘(2) MILITARY INSTALLATION.—The term ‘mili4 tary installation’—

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

6 owned by the United States and administered by

7 the Secretary of Defense or the head of a mili8 tary department; and

9 ‘‘(B) includes all public lands withdrawn

10 from all forms of appropriation under public

11 land laws and reserved for use by the Secretary

12 of Defense or the head of a military department.

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

14 term ‘State fish and wildlife agency’ means an agen15 cy of State government that is responsible under State

16 law for managing fish or wildlife resources.

17 ‘‘(4) UNITED STATES.—The term ‘United States’

18 means the States, the District of Columbia, and the

19 territories and possessions of the United States.’’.

20 SEC. 9. SHORT TITLE.

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

22 by inserting after section 108 (as added by section 7 of this

23 Act) the following:

24 ‘‘SEC. 109. SHORT TITLE.

25 ‘‘This title may be cited as the ‘Sikes Act’.’’.
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1 SEC. 10. COOPERATIVE AGREEMENTS.

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

3 670c–1(b)) is amended by striking ‘‘matching basis’’ each

4 place it appears and inserting ‘‘cost-sharing basis’’.

5 (b) ACCOUNTING.—Section 103a(c) (16 U.S.C. 670c–

6 1(c)) is amended by inserting before the period at the end

7 the following: ‘‘, and shall not be subject to section 1535

8 of that title’’.

9 SEC. 11. REPEAL.

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

11 99–651; 16 U.S.C. 670a–1) is repealed.

12 SEC. 12. CLERICAL AMENDMENTS.

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

14 (1) in the heading for the title by striking ‘‘MILI15 TARY RESERVATIONS’’ and inserting ‘‘MILITARY IN16 STALLATIONS’’;

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

18 striking ‘‘the reservation’’ and inserting ‘‘the installa19 tion’’;

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

21 670a(b)(4))—

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

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

24 and
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1 (B) in subparagraph (B) by striking ‘‘the

2 military reservation’’ and inserting ‘‘the mili3 tary installation’’;

4 (4) in section 101(c) (16 U.S.C. 670a(c))—

5 (A) in paragraph (1) by striking ‘‘a mili6 tary reservation’’ and inserting ‘‘a military in7 stallation’’; and

8 (B) in paragraph (2) by striking ‘‘the res9 ervation’’ and inserting ‘‘the installation’’;

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

11 ‘‘military reservations’’ and inserting ‘‘military in12 stallations’’; and

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

14 ‘‘military reservations’’ and inserting ‘‘military in15 stallations’’.

16 SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.

17 (a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub18 sections (b) and (c) of section 110 (as redesignated by sec19 tion 6 of this Act) are each amended by striking ‘‘1983’’

20 and all that follows through ‘‘1993,’’ and inserting ‘‘1995,

21 1996, 1997, and 1998,’’.

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

23 U.S.C. 670o) is amended—

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

25 $10,000,000’’ and all that follows through ‘‘to enable
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1 the Secretary of the Interior’’ and inserting

2 ‘‘$4,000,000 for each of fiscal years 1995, 1996, 1997,

3 and 1998, to enable the Secretary of the Interior’’;

4 and

5 (2) in subsection (b), by striking ‘‘the sum of

6 $12,000,000’’ and all that follows through ‘‘to enable

7 the Secretary of Agriculture’’ and inserting

8 ‘‘$5,000,000 for each of fiscal years 1995, 1996, 1997,

9 and 1998, to enable the Secretary of Agriculture’’.

10 SECTION 1. SHORT TITLE.

11 This Act may be cited as the ‘‘Sikes Act Im12 provement Amendments of 1995’’.

13 SEC. 2. AMENDMENT OF SIKES ACT.

14 Except as otherwise expressly provided,

15 whenever in this Act an amendment or repeal

16 is expressed in terms of an amendment to, or

17 repeal of, a section or other provision, the ref18 erence shall be considered to be made to a sec19 tion or other provision of the Act entitled ‘‘An

20 Act to promote effectual planning, develop21 ment, maintenance, and coordination of wild22 life, fish, and game conservation and rehabili23 tation in military reservations’’, approved Sep24 tember 15, 1960 (16 U.S.C. 670a et seq.), com-
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1 monly referred to, and in this Act referred to,

2 as the ‘‘Sikes Act’’.

3 SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT

4 PLANS GENERALLY.

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

6 670a(a)) is amended—

7 (1) by striking ‘‘is authorized to’’ and

8 inserting ‘‘shall’’;

9 (2) by striking ‘‘in each military res10 ervation in accordance with a cooperative

11 plan’’ and inserting the following: ‘‘on

12 military installations. Under the pro13 gram, the Secretary shall prepare and im14 plement for each military installation in

15 the United States an integrated natural

16 resource management plan’’;

17 (3) by inserting after ‘‘reservation is

18 located’’ the following: ‘‘, except that the

19 Secretary is not required to prepare such

20 a plan for a military installation if the

21 Secretary determines that preparation of

22 such a plan for the installation is not ap23 propriate’’; and
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1 (4) by inserting ‘‘(1)’’ after ‘‘(a)’’, and

2 adding at the end the following new para3 graph:

4 ‘‘(2) Consistent with essential military

5 requirements to enhance the national se6 curity of the United States, the Secretary

7 of Defense shall manage each military in8 stallation to provide—

9 ‘‘(A) for the conservation of fish

10 and wildlife on the military installa11 tion and sustained multipurpose uses

12 of those resources, including hunting,

13 fishing, and trapping; and

14 ‘‘(B) public access that is nec15 essary or appropriate for those uses.’’.

16 (b) CONFORMING AMENDMENTS.—Title I, as

17 amended by subsection (a) of this section, is

18 further amended—

19 (1) in section 101(b) (16 U.S.C.

20 670a(b)) in the matter preceding para21 graph (1) by striking ‘‘cooperative plan’’

22 and inserting ‘‘integrated natural re23 source management plan’’;

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

25 670a(b)(4)) by striking ‘‘cooperative plan’’
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1 each place it appears and inserting ‘‘inte2 grated natural resource management

3 plan’’;

4 (3) in section 101(c) (16 U.S.C. 670a(c))

5 in the matter preceding paragraph (1) by

6 striking ‘‘a cooperative plan’’ and insert7 ing ‘‘an integrated natural resource man8 agement plan’’;

9 (4) in section 101(d) (16 U.S.C.

10 670a(d)) in the matter preceding para11 graph (1) by striking ‘‘cooperative plans’’

12 and inserting ‘‘integrated natural re13 source management plans’’;

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

15 by striking ‘‘Cooperative plans’’ and in16 serting ‘‘Integrated natural resource man17 agement plans’’;

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

19 striking ‘‘a cooperative plan’’ and insert20 ing ‘‘an integrated natural resource man21 agement plan’’;

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

23 striking ‘‘a cooperative plan’’ and insert24 ing ‘‘an integrated natural resource man25 agement plan’’;
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1 (8) in section 106(a) (16 U.S.C. 670f(a))

2 by striking ‘‘cooperative plans’’ and in3 serting ‘‘integrated natural resource man4 agement plans’’; and

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

6 by striking ‘‘cooperative plans’’ and in7 serting ‘‘integrated natural resource man8 agement plans’’.

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

10 U.S.C. 670a(b)) is amended—

11 (1) in paragraph (1)—

12 (A) in subparagraph (C) by strik13 ing ‘‘and’’ after the semicolon;

14 (B) in subparagraph (D) by strik15 ing the semicolon at the end and in16 serting a comma; and

17 (C) by adding at the end the fol18 lowing:

19 ‘‘(E) wetland protection and res20 toration, and wetland creation where

21 necessary, for support of fish or wild22 life,

23 ‘‘(F) consideration of conservation

24 needs for all biological communities,

25 and
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1 ‘‘(G) the establishment of specific

2 natural resource management goals,

3 objectives, and time-frames for pro4 posed actions;’’;

5 (2) by striking paragraph (3);

6 (3) by redesignating paragraph (2) as

7 paragraph (3);

8 (4) by inserting after paragraph (1)

9 the following:

10 ‘‘(2) shall for the military installation

11 for which it is prepared—

12 ‘‘(A) address the needs for fish and

13 wildlife management, land manage14 ment, forest management, and wild15 life-oriented recreation;

16 ‘‘(B) ensure the integration of, and

17 consistency among, the various activi18 ties conducted under the plan;

19 ‘‘(C) ensure that there is no net

20 loss in the capability of installation

21 lands to support the military mission

22 of the installation;

23 ‘‘(D) provide for sustained use by

24 the public of natural resources, to the

25 extent that such use is not inconsist-
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1 ent with the military mission of the in2 stallation or the needs of fish and

3 wildlife management;

4 ‘‘(E) provide the public access to

5 the installation that is necessary or

6 appropriate for that use, to the extent

7 that access is not inconsistent with

8 the military mission of the installa9 tion; and

10 ‘‘(F) provide for professional en11 forcement of natural resource laws

12 and regulations;’’; and

13 (5) in paragraph (4)(A) by striking

14 ‘‘collect the fees therefor,’’ and inserting

15 ‘‘collect, spend, administer, and account

16 for fees therefor,’’.

17 (d) PUBLIC COMMENT.—Section 101 (16

18 U.S.C. 670a) is amended by adding at the end

19 the following:

20 ‘‘(f) PUBLIC COMMENT.—The Secretary of

21 Defense shall provide an opportunity for pub22 lic comment on each integrated natural re23 source management plan prepared under sub24 section (a).’’.
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1 SEC. 4. REVIEW FOR PREPARATION OF INTEGRATED NATU2 RAL RESOURCE MANAGEMENT PLANS.

3 (a) REVIEW OF MILITARY INSTALLATIONS.—

4 (1) REVIEW.—The Secretary of each

5 military department shall, by not later

6 than 9 months after the date of the enact7 ment of this Act—

8 (A) review each military installa9 tion in the United States that is under

10 the jurisdiction of that Secretary to

11 determine the military installations

12 for which the preparation of an inte13 grated natural resource management

14 plan under section 101 of the Sikes

15 Act, as amended by this Act, is appro16 priate; and

17 (B) submit to the Secretary of De18 fense a report on those determina19 tions.

20 (2) REPORT TO CONGRESS.—The Sec21 retary of Defense shall, by not later than

22 12 months after the date of the enactment

23 of this Act, submit to the Congress a re24 port on the reviews conducted under para25 graph (1). The report shall include—
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1 (A) a list of those military instal2 lations reviewed under paragraph (1)

3 for which the Secretary of Defense de4 termines the preparation of an inte5 grated natural resource management

6 plan is not appropriate; and

7 (B) for each of the military instal8 lations listed under subparagraph

9 (A), an explanation of the reasons

10 such a plan is not appropriate.

11 (b) DEADLINE FOR INTEGRATED NATURAL RE12 SOURCE MANAGEMENT PLANS.—Not later than 2

13 years after the date of the submission of the re14 port required under subsection (a)(2), the Sec15 retary of Defense shall, for each military in16 stallation for which the Secretary has not de17 termined under subsection (a)(2)(A) that prep18 aration of an integrated natural resource

19 management plan is not appropriate—

20 (1) prepare and begin implementing

21 such a plan mutually agreed to by the

22 Secretary of the Interior and the head of

23 the appropriate State agencies under sec24 tion 101(a) of the Sikes Act, as amended

25 by this Act; or
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1 (2) in the case of a military installa2 tion for which there is in effect a coopera3 tive plan under section 101(a) of the Sikes

4 Act on the day before the date of the en5 actment of this Act, complete negotiations

6 with the Secretary of the Interior and the

7 heads of the appropriate State agencies

8 regarding changes to that plan that are

9 necessary for the plan to constitute an in10 tegrated natural resource plan that com11 plies with that section, as amended by this

12 Act.

13 (c) PUBLIC COMMENT.—The Secretary of De14 fense shall provide an opportunity for the sub15 mission of public comments on—

16 (1) integrated natural resource man17 agement plans proposed pursuant to sub18 section (b)(1); and

19 (2) changes to cooperative plans pro20 posed pursuant to subsection (b)(2).

21 SEC. 5. ANNUAL REVIEWS AND REPORTS.

22 Section 101 (16 U.S.C. 670a) is further

23 amended by adding after subsection (f) (as

24 added by section 3(d) of this Act) the following:

25 ‘‘(g) REVIEWS AND REPORTS.—
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1 ‘‘(1) SECRETARY OF DEFENSE.—The Sec2 retary of Defense shall, by not later than

3 March 1 of each year, review the extent to

4 which integrated natural resource man5 agement plans were prepared or in effect

6 and implemented in accordance with this

7 Act in the preceding year, and submit a

8 report on the findings of that review to

9 the committees. Each report shall in10 clude—

11 ‘‘(A) the number of integrated nat12 ural resource management plans in

13 effect in the year covered by the re14 port, including the date on which

15 each plan was issued in final form or

16 most recently revised;

17 ‘‘(B) the amount of moneys ex18 pended on conservation activities con19 ducted pursuant to those plans in the

20 year covered by the report, including

21 amounts expended under the Legacy

22 Resource Management Program estab23 lished under section 8120 of the Act of

24 November 5, 1990 (Public Law 101–

25 511; 104 Stat. 1905); and
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1 ‘‘(C) an assessment of the extent to

2 which the plans comply with the re3 quirements of subsection (b)(1) and

4 (2), including specifically the extent to

5 which the plans ensure in accordance

6 with subsection (b)(2)(C) that there is

7 no net loss of lands to support the

8 military missions of military installa9 tions.

10 ‘‘(2) SECRETARY OF THE INTERIOR.—The

11 Secretary of the Interior, by not later than

12 March 1 of each year and in consultation

13 with State agencies responsible for con14 servation or management of fish or wild15 life, shall submit a report to the commit16 tees on the amount of moneys expended by

17 the Department of the Interior and those

18 State agencies in the year covered by the

19 report on conservation activities con20 ducted pursuant to integrated natural re21 source management plans.

22 ‘‘(3) COMMITTEES DEFINED.—For pur23 poses of this subsection, the term ‘commit24 tees’ means the Committees on Resources

25 and National Security of the House of
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1 Representatives and the Committees on

2 Armed Services and Environment and

3 Public Works of the Senate.’’.

4 SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED NATURAL

5 RESOURCE MANAGEMENT PLANS; ENFORCE6 MENT OF OTHER LAWS.

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

8 (1) by redesignating section 106 as sec9 tion 110; and

10 (2) by inserting after section 105 the

11 following:

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

13 ‘‘All Federal laws relating to the conserva14 tion of natural resources on Federal lands

15 may be enforced by the Secretary of Defense

16 with respect to violations of those laws which

17 occur on military installations within the

18 United States.’’.

19 SEC. 7. NATURAL RESOURCE MANAGEMENT SERVICES.

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

21 by inserting after section 106 (as added by sec22 tion 6 of this Act) the following:

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

24 ‘‘The Secretary of each military depart25 ment shall ensure that sufficient numbers of
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1 professionally trained natural resource man2 agement personnel and natural resource law

3 enforcement personnel are available and as4 signed responsibility to perform tasks nec5 essary to comply with this Act, including the

6 preparation and implementation of integrated

7 natural resource management plans.’’.

8 SEC. 8. DEFINITIONS.

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

10 amended by inserting after section 107 (as

11 added by section 7 of this Act) the following:

12 ‘‘SEC. 108. DEFINITIONS.

13 ‘‘In this title:

14 ‘‘(1) MILITARY DEPARTMENT.—The term

15 ‘military department’ means the Depart16 ment of the Army, the Department of the

17 Navy, and the Department of the Air

18 Force.

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

20 ‘military installation’—

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

22 land owned by the United States and

23 administered by the Secretary of De24 fense or the head of a military depart25 ment; and
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1 ‘‘(B) includes all public lands

2 withdrawn from all forms of appro3 priation under public land laws and

4 reserved for use by the Secretary of

5 Defense or the head of a military de6 partment.

7 ‘‘(3) STATE FISH AND WILDLIFE AGEN8 CY.—The term ‘State fish and wildlife

9 agency’ means an agency of State govern10 ment that is responsible under State law

11 for managing fish or wildlife resources.

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

13 States’ means the States, the District of

14 Columbia, and the territories and posses15 sions of the United States.’’.

16 SEC. 9. SHORT TITLE.

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

18 amended by inserting after section 108 (as

19 added by section 7 of 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

24 U.S.C. 670c–1(b)) is amended by striking
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1 ‘‘matching basis’’ each place it appears and

2 inserting ‘‘cost-sharing basis’’.

3 (b) ACCOUNTING.—Section 103a(c) (16

4 U.S.C. 670c–1(c)) is amended by inserting be5 fore the period at the end the following: ‘‘, and

6 shall not be subject to section 1535 of that

7 title’’.

8 SEC. 11. REPEAL.

9 Section 2 of the Act of October 27, 1986

10 (Public Law 99–651; 16 U.S.C. 670a–1) is re11 pealed.

12 SEC. 12. CLERICAL AMENDMENTS.

13 Title I, as amended by this Act, is further

14 amended—

15 (1) in the heading for the title by

16 striking ‘‘MILITARY RESERVATIONS’’ and in17 serting ‘‘MILITARY INSTALLATIONS’’;

18 (2) in section 101(a) (16 U.S.C.

19 670a(a)) by striking ‘‘the reservation’’ and

20 inserting ‘‘the installation’’;

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

22 670a(b)(4))—

23 (A) in subparagraph (A) by strik24 ing ‘‘the reservation’’ and inserting

25 ‘‘the installation’’; and
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1 (B) in subparagraph (B) by strik2 ing ‘‘the military reservation’’ and in3 serting ‘‘the military installation’’;

4 (4) in section 101(c) (16 U.S.C.

5 670a(c))—

6 (A) in paragraph (1) by striking

7 ‘‘a military reservation’’ and inserting

8 ‘‘a military installation’’; and

9 (B) in paragraph (2) by striking

10 ‘‘the reservation’’ and inserting ‘‘the

11 installation’’;

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

13 striking ‘‘military reservations’’ and in14 serting ‘‘military installations’’; and

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

16 striking ‘‘military reservations’’ and in17 serting ‘‘military installations’’.

18 SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.

19 (a) PROGRAMS ON MILITARY INSTALLA20 TIONS.—Subsections (b) and (c) of section 110

21 (as redesignated by section 6 of this Act) are

22 each amended by striking ‘‘1983’’ and all that

23 follows through ‘‘1993,’’ and inserting ‘‘1995,

24 1996, 1997, and 1998,’’.
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1 (b) PROGRAMS ON PUBLIC LANDS.—Section

2 209 (16 U.S.C. 670o) is amended—

3 (1) in subsection (a), by striking ‘‘the

4 sum of $10,000,000’’ and all that follows

5 through ‘‘to enable the Secretary of the In6 terior’’ and inserting ‘‘$4,000,000 for each

7 of fiscal years 1995, 1996, 1997, and 1998,

8 to enable the Secretary of the Interior’’;

9 and

10 (2) in subsection (b), by striking ‘‘the

11 sum of $12,000,000’’ and all that follows

12 through ‘‘to enable the Secretary of Agri13 culture’’ and inserting ‘‘$5,000,000 for

14 each of fiscal years 1995, 1996, 1997, and

15 1998, to enable the Secretary of Agri16 culture’’.
Union Calendar No. 57

104TH CONGRESS

1ST SESSION H. R. 1141

[Report No. 104–107, Parts I and III]

A BILL

To amend the Act popularly known as the ‘‘Sikes

and natural resources management programs.Act’’ to enhance fish and wildlife conservation

JUNE 1, 1995

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and