I

104TH CONGRESS

1ST SESSION H. R. 1141

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

A BILL

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’’.

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

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to a
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1 section or other provision of title I of the Act entitled ‘‘An

2 Act to promote effectual planning, development, mainte3 nance, and coordination of wildlife, fish, and game con4 servation and rehabilitation in military reservations’’, ap5 proved September 15, 1960 (16 U.S.C. 670a et seq.), com6 monly referred to, and in this Act referred to, as the

7 ‘‘Sikes Act’’.

8 SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT

9 PLANS GENERALLY.

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

11 670a(a)) is amended—

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

13 ‘‘shall’’;

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

15 accordance with a cooperative plan’’ and inserting

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

17 program, the Secretary shall prepare and implement

18 for each military installation in the United States an

19 integrated natural resource management plan’’; and

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

21 the following: ‘‘, except that the Secretary is not re22 quired to prepare such a plan for a military installa23 tion if the Secretary determines that preparation of

24 such a plan for the installation is not appropriate’’.
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1 (b) CONFORMING AMENDMENTS.—Title I, as amend2 ed by subsection (a) of this section, is further amended—

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

4 the matter preceding paragraph (1) by striking ‘‘co5 operative plan’’ and inserting ‘‘integrated natural re6 source management plan’’;

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

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

9 and inserting ‘‘integrated natural resource manage10 ment plan’’;

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

12 matter preceding paragraph (1) by striking ‘‘a coop13 erative plan’’ and inserting ‘‘an integrated natural

14 resource management plan’’;

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

16 the matter preceding paragraph (1) by striking ‘‘co17 operative plans’’ and inserting ‘‘integrated natural

18 resource management plans’’;

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

20 striking ‘‘Cooperative plans’’ and inserting ‘‘Inte21 grated natural resource management plans’’;

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

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

24 natural resource management plan’’;
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1 (7) in section 103 (16 U.S.C. 670c) by striking

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

3 natural resource management plan’’;

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

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

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

8 striking ‘‘cooperative plans’’ and inserting ‘‘inte9 grated natural resource management plans’’.

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

11 U.S.C. 670a(b)) is amended—

12 (1) in paragraph (1)—

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

14 after the semicolon;

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

16 semicolon at the end and inserting a comma;

17 and

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

19 ‘‘(E) wetland protection and restoration,

20 and wetland creation where necessary, for sup21 port of fish or wildlife,

22 ‘‘(F) consideration of conservation needs

23 for all biological communities, and
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1 ‘‘(G) the establishment of specific natural

2 resource management goals, objectives, and

3 time-frames for proposed actions;’’;

4 (2) by striking paragraph (3);

5 (3) by redesignating paragraph (2) as para6 graph (3);

7 (4) by inserting after paragraph (1) the follow8 ing:

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

10 it is prepared—

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

12 management, land management, forest manage13 ment, and wildlife-oriented recreation;

14 ‘‘(B) ensure the integration of, and con15 sistency among, the various activities conducted

16 under the plan;

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

18 capability of installation lands to support the

19 military mission of the installation;

20 ‘‘(D) provide for sustained use by the pub21 lic of natural resources, to the extent that such

22 use is not inconsistent with the military mission

23 of the installation or the needs of fish and wild24 life management;
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1 ‘‘(E) provide the public access to the in2 stallation that is necessary or appropriate for

3 that use, to the extent that access is not incon4 sistent with the military mission of the installa5 tion; and

6 ‘‘(F) provide for professional enforcement

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

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

9 fees therfor,’’ and inserting ‘‘collect, spend, admin10 ister, and account for fees therefor,’’.

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

12 670a) is amended by adding at the end the following:

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

14 shall provide an opportunity for public comment on each

15 integrated natural resource management plan prepared

16 under subsection (a).’’.

17 SEC. 4. REVIEW FOR PREPARATION OF INTEGRATED NATU18 RAL RESOURCE MANAGEMENT PLANS.

19 (a) REVIEW OF MILITARY INSTALLATIONS.—

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

21 department shall, by not later than 9 months after

22 the date of the enactment of this Act—

23 (A) review each military installation in the

24 United States that is under the jurisdiction of

25 that Secretary to determine the military instal-
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1 lations for which the preparation of an inte2 grated natural resource management plan

3 under section 101 of the Sikes Act, as amended

4 by this Act, is appropriate; and

5 (B) submit to the Secretary of Defense a

6 report on those determinations.

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

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

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

10 Congress a report on the reviews conducted under

11 paragraph (1). The report shall include—

12 (A) a list of those military installations re13 viewed under paragraph (1) for which the Sec14 retary of Defense determines the preparation of

15 an integrated natural resource management

16 plan is not appropriate; and

17 (B) for each of the military installations

18 listed under subparagraph (A), an explanation

19 of the reasons such a plan is not appropriate.

20 (b) DEADLINE FOR INTEGRATED NATURAL RE21 SOURCE MANAGEMENT PLANS.—Not later than 2 years

22 after the date of the submission of the report required

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

24 for each military installation for which the Secretary has

25 not determined under subsection (a)(2)(A) that prepara-
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1 tion of an integrated natural resource management plan

2 is not appropriate—

3 (1) prepare and begin implementing such a plan

4 mutually agreed to by the Secretary of the Interior

5 and the head of the appropriate State agencies

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

7 by this Act; or

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

9 which there is in effect a cooperative plan under sec10 tion 101(a) of the Sikes Act on the day before the

11 date of the enactment of this Act, complete negotia12 tions with the Secretary of the Interior and the

13 heads of the appropriate State agencies regarding

14 changes to that plan that are necessary for the plan

15 to constitute an integrated natural resource plan

16 that complies with that section, as amended by this

17 Act.

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

19 shall provide an opportunity for the submission of public

20 comments on—

21 (1) integrated natural resource management

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

23 (2) changes to cooperative plans proposed pur24 suant to subsection (b)(2).
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1 SEC. 5. ANNUAL REVIEWS AND REPORTS.

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

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

4 this Act) the following:

5 ‘‘(g) REVIEWS AND REPORTS.—

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

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

8 year, review the extent to which integrated natural

9 resource management plans were prepared or in ef10 fect and implemented in accordance with this Act in

11 the preceding year, and submit a report on the find12 ings of that review to the committees. Each report

13 shall include—

14 ‘‘(A) the number of integrated natural re15 source management plans in effect in the year

16 covered by the report, including the date on

17 which each plan was issued in final form or

18 most recently revised;

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

20 conservation activities conducted pursuant to

21 those plans in the year covered by the report,

22 including amounts expended under the Legacy

23 Resource Management Program established

24 under section 8120 of the Act of November 5,

25 1990 (Public Law 101–511; 104 Stat. 1905);

26 and
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1 ‘‘(C) an assessment of the extent to which

2 the plans comply with the requirements of sub3 section (b) (1) and (2), including specifically

4 the extent to which the plans ensure in accord5 ance with subsection (b)(2)(C) that there is no

6 net loss of lands to support the military mis7 sions of military installations.

8 ‘‘(2) SECRETARY OF THE INTERIOR.—The Sec9 retary of the Interior, by not later than March 1 of

10 each year and in consultation with State agencies re11 sponsible for conservation or management of fish or

12 wildlife, shall submit a report to the committees on

13 the amount of moneys expended by the Department

14 of the Interior and those State agencies in the year

15 covered by the report on conservation activities con16 ducted pursuant to integrated natural resource man17 agement plans.

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

19 this subsection, the term ‘committees’ means the

20 Committees on Resources and National Security of

21 the House of Representatives and the Committees

22 on Armed Services and Environment and Public

23 Works of the Senate.’’.
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1 SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED NATU2 RAL RESOURCE MANAGEMENT PLANS; EN3 FORCEMENT OF OTHER LAWS.

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

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

6 and

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

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

9 ‘‘All Federal laws relating to the conservation of nat10 ural resources on Federal lands may be enforced by the

11 Secretary of Defense with respect to violations of those

12 laws which occur on military installations within the

13 United States.’’.

14 SEC. 7. NATURAL RESOURCE MANAGEMENT SERVICES.

15 Title I (16 U.S.C. 670a et seq.) is amended by insert16 ing after section 106 (as added by section 6 of this Act)

17 the following:

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

19 ‘‘The Secretary of each military department shall en20 sure that sufficient numbers of professionally trained nat21 ural resource management personnel and natural resource

22 law enforcement personnel are available and assigned re23 sponsibility to perform tasks necessary to comply with this

24 Act, including the preparation and implementation of inte25 grated natural resource management plans.’’.
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1 SEC. 8. DEFINITIONS.

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

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

4 this Act) the following:

5 ‘‘SEC. 108. DEFINITIONS.

6 ‘‘In this title:

7 ‘‘(1) MILITARY DEPARTMENT.—The term ‘mili8 tary department’ means the Department of the

9 Army, the Department of the Navy, and the Depart10 ment of the Air Force.

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

12 ‘military installation’—

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

14 owned by the United States and administered

15 by the Secretary of Defense or the head of a

16 military department; and

17 ‘‘(B) includes all public lands withdrawn

18 from all forms of appropriation under public

19 land laws and reserved for use by the Secretary

20 of Defense or the head of a military depart21 ment.

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

23 term ‘State fish and wildlife agency’ means an agen24 cy of State government that is responsible under

25 State law for managing fish or wildlife resources.
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1 ‘‘(4) UNITED STATES.—The term ‘United

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

3 and the territories and possessions of the United

4 States.’’.

5 SEC. 9. SHORT TITLE.

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

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

8 this Act) the following:

9 ‘‘SEC. 109. SHORT TITLE.

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

11 SEC. 10. COOPERATIVE AGREEMENTS.

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

13 670c–1(b)) is amended by striking ‘‘matching basis’’ each

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

15 (b) ACCOUNTING.—Section 103a(c) (16 U.S.C.

16 670c–1(c)) is amended by inserting before the period at

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

18 1535 of that title’’.

19 SEC. 11. REPEAL.

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

21 99–651; 16 U.S.C. 670a–1) is repealed.

22 SEC. 12. CLERICAL AMENDMENTS.

23 Title I, as amended by this Act, is further amended—
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1 (1) in the heading for the title by striking

2 ‘‘MILITARY RESERVATIONS’’ and inserting ‘‘MILI3 TARY INSTALLATIONS’’;

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

5 striking ‘‘the reservation’’ and inserting ‘‘the instal6 lation’’;

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

8 670a(b)(4))—

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

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

11 and

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

13 military reservation’’ and inserting ‘‘the mili14 tary installation’’;

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

16 (A) in paragraph (1) by striking ‘‘a mili17 tary reservation’’ and inserting ‘‘a military in18 stallation’’; and

19 (B) in paragraph (2) by striking ‘‘the res20 ervation’’ and inserting ‘‘the installation’’;

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

22 ‘‘military reservations’’ and inserting ‘‘military in23 stallations’’; and
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1 (6) in section 103 (16 U.S.C. 670c) by striking

2 ‘‘military reservations’’ and inserting ‘‘military in3 stallations’’.

4 SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.

5 (a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub6 sections (b) and (c) of section 110 (as redesignated by

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

8 ‘‘1983’’ and all that follows through ‘‘1993,’’ and inserting

9 ‘‘1995, 1996, 1997, and 1998,’’.

10 (b) PROGRAMS ON PUBLIC LANDS.—Subsections (a)

11 and (b) of section 209 (16 U.S.C. 670o (a) and (b)) are

12 each amended by striking ‘‘1983’’ and all that follows

13 through ‘‘1993,’’ and inserting ‘‘1995, 1996, 1997, and

14 1998,’’.

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