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104TH CONGRESS

1ST SESSION H. R. 1675

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 18, 1995

Mr. YOUNG of Alaska (for himself, Mr. DINGELL, Mr. HANSEN, Mr. BREWSTER, Mr. DOOLITTLE, Mr. TAUZIN, Mr. PETE GEREN of Texas, Mr.

GALLEGLY, Mr. HAYES, Mr. CALVERT, Mr. ORTIZ, Mrs. LINCOLN, Mr.

HAYWORTH, Mr. CREMEANS, Mrs. CUBIN, Mr. COOLEY, Mr. SHADEGG,

Mr. WATTS of Oklahoma, and Mr. THORNBERRY) introduced the following bill; which was referred to the Committee on Resources

A BILL

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.

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; REFERENCES.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘National Wildlife Refuge Improvement Act of 1995’’.

6 (b) REFERENCES.—Whenever in this Act an amend7 ment or repeal is expressed in terms of an amendment
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1 to, or repeal of, a section or other provision, the reference

2 shall be considered to be made to a section or provision

3 of the National Wildlife Refuge System Administration

4 Act of 1966 (16 U.S.C. 688dd et seq.).

5 SEC. 2. DEFINITIONS.

6 (a) IN GENERAL.—Section 5 (16 U.S.C. 668ee) is

7 amended to read as follows:

8 ‘‘SEC. 5. DEFINITIONS.

9 ‘‘For purposes of this Act:

10 ‘‘(1) The term ‘compatible use’ means a use

11 that will not have a materially detrimental effect on

12 the fulfillment of the purposes of a refuge or the

13 purposes of the System specified in section 4(a)(3),

14 as determined by sound resource management, and

15 based on reliable scientific information.

16 ‘‘(2) The terms ‘conserving’, ‘conservation’,

17 ‘manage’, ‘managing’, and ‘management’, when used

18 with respect to fish and wildlife, mean to use, in ac19 cordance with applicable Federal and State laws,

20 methods and procedures associated with modern sci21 entific resource programs including protection, re22 search, census, law enforcement, habitat manage23 ment, propagation, live trapping and transplan24 tation, and regulated taking.
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1 ‘‘(3) The term ‘Director’ means the Director of

2 the United States Fish and Wildlife Service.

3 ‘‘(4) The terms ‘fish’, ‘wildlife’, and ‘fish and

4 wildlife’ mean any wild member of the animal king5 dom whether alive or dead, and regardless of wheth6 er the member was bred, hatched, or born in cap7 tivity, including a part, product, egg, or offspring of

8 the member.

9 ‘‘(5) The term ‘person’ means any individual,

10 partnership, corporation or association.

11 ‘‘(6) The term ‘plant’ means any member of the

12 plant kingdom in a wild, unconfined state, including

13 any plant community, seed, root, or other part of a

14 plant.

15 ‘‘(7) The terms ‘purposes of the refuge’ and

16 ‘purposes of each refuge’ mean the purposes speci17 fied in or derived from the law, proclamation, execu18 tive order, agreement, public land order, donation

19 document, or administrative memorandum establish20 ing, authorizing, or expanding a refuge, refuge unit,

21 or refuge subunit.

22 ‘‘(8) The term ‘refuge’ means a designated area

23 of land, water, or an interest in land or water within

24 the System, but does not include navigational ser25 vitudes.
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1 ‘‘(9) The term ‘Secretary’ means the Secretary

2 of the Interior.

3 ‘‘(10) The terms ‘State’ and ‘United States’

4 mean the several States of the United States, Puerto

5 Rico, American Samoa, the Virgin Islands, and

6 Guam.

7 ‘‘(11) The term ‘System’ means the National

8 Wildlife Refuge System designated under section

9 4(a)(1).

10 ‘‘(12) The terms ‘take’, ‘taking’, or ‘taken’

11 mean to pursue, hunt, shoot, capture, collect, or kill,

12 or to attempt to pursue, hunt, shoot, capture, col13 lect, or kill.’’.

14 (b) CONFORMING AMENDMENT.—Section 4 (16

15 U.S.C. 668dd) is amended by striking ‘‘Secretary of the

16 Interior’’ each place it appears and inserting ‘‘Secretary’’.

17 SEC. 3. MISSION AND PURPOSES OF THE SYSTEM.

18 Section 4(a) (16 U.S.C. 668dd(a)) is amended—

19 (1) by redesignating paragraphs (2) and (3) as

20 paragraphs (5) and (6), respectively;

21 (2) in clause (i) of paragraph (6) (as so redesig22 nated), by striking ‘‘paragraph (2)’’ and inserting

23 ‘‘paragraph (5)’’; and

24 (3) by inserting after paragraph (1) the follow25 ing new paragraphs:
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1 ‘‘(2) The overall mission of the System is to conserve

2 and manage fish, wildlife, and plants and their habitats

3 within the System for the benefit of present and future

4 generations of the people of the United States.

5 ‘‘(3) The purposes of the System are equally—

6 ‘‘(A) to provide a national network of lands and

7 waters designed to conserve and manage fish, wild8 life, and plants and their habitats;

9 ‘‘(B) to conserve, manage, and where appro10 priate restore fish and wildlife populations, plant

11 communities, and refuge habitats within the System;

12 ‘‘(C) to conserve and manage migratory birds,

13 anadromous or interjurisdictional fish species, and

14 marine mammals within the System;

15 ‘‘(D) to provide opportunities as appropriate for

16 fish- and wildlife-dependent recreation, including

17 fishing and hunting, wildlife observation, and envi18 ronmental education;

19 ‘‘(E) to preserve, restore, and recover fish, wild20 life, and plants within the System that are listed or

21 are candidates for threatened species or endangered

22 species under section 4 of the Endangered Species

23 Act of 1973 (16 U.S.C. 1533) and the habitats on

24 which these species depend; and
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1 ‘‘(F) to fulfill as appropriate international trea2 ty obligations of the United States with respect to

3 fish, wildlife, and plants, and their habitats.’’.

4 SEC. 4. ADMINISTRATION OF THE SYSTEM.

5 (a) ADMINISTRATION, GENERALLY.—Section 4(a)

6 (16 U.S.C. 668dd(a)) (as amended by section 3 of this

7 Act) is further amended by inserting after new paragraph

8 (3) the following new paragraph:

9 ‘‘(4) In administering the System, the Secretary

10 shall—

11 ‘‘(A) ensure that the mission and purposes

12 of the System described in paragraphs (2) and

13 (3), respectively, and the purposes of each ref14 uge are carried out, except that if a conflict ex15 ists between the purposes of a refuge and any

16 purpose of the System, the conflict shall be re17 solved in a manner that first protects the pur18 poses of the refuge, and, to the extent prac19 ticable, that also achieves the purposes of the

20 System;

21 ‘‘(B) provide for conservation of fish and

22 wildlife and their habitats within the System by

23 ensuring effective coordination, interaction, and

24 cooperation with owners of land adjoining ref25 uges and the fish and wildlife agency of the
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1 States in which the units of the System are lo2 cated;

3 ‘‘(C) assist in the maintenance of adequate

4 water quantity and water quality to fulfill the

5 purposes of the System and the purposes of

6 each refuge;

7 ‘‘(D) acquire under State law through pur8 chase, exchange, or donation water rights that

9 are needed for refuge purposes; and

10 ‘‘(E) plan, propose, and direct appropriate

11 expansion of the System in the manner that is

12 best designed to accomplish the purposes of the

13 System and the purposes of each refuge and to

14 complement efforts of States and other Federal

15 agencies to conserve fish and wildlife and their

16 habitats.’’.

17 (b) POWERS.—Section 4(b) (16 U.S.C. 668dd(b)) is

18 amended—

19 (1) in the matter preceding paragraph (1) by

20 striking ‘‘authorized—’’ and inserting ‘‘authorized to

21 take the following actions:’’;

22 (2) in paragraph (1) by striking ‘‘to enter’’ and

23 inserting ‘‘Enter’’;

24 (3) in paragraph (2)—
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1 (A) by striking ‘‘to accept’’ and inserting

2 ‘‘Accept’’; and

3 (B) by striking ‘‘, and’’ and inserting a pe4 riod;

5 (4) in paragraph (3) by striking ‘‘to acquire’’

6 and inserting ‘‘Acquire’’; and

7 (5) by adding at the end the following new

8 paragraph:

9 ‘‘(4) Enter into cooperative agreements with

10 State fish and wildlife agencies, pursuant to stand11 ards established by the Director, for the manage12 ment of all or parts of a unit or units within the

13 System consistent with this Act.’’.

14 SEC. 5. COMPATIBILITY STANDARDS AND PROCEDURES.

15 Section 4(d) (16 U.S.C. 668dd(d)) is amended by

16 adding at the end the following new paragraph:

17 ‘‘(3)(A)(i) On and after the date that is 3 years

18 after the date of the enactment of the National

19 Wildlife Refuge Improvement Act of 1995, the Sec20 retary shall not initiate or permit a new use of a ref21 uge or expand, renew, or extend an existing use of

22 a refuge, unless the Secretary has determined that

23 the use is compatible with the purposes of the refuge

24 and the purposes of the System specified in sub25 section (a)(3).
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1 ‘‘(ii) On lands added to the System after the

2 date of the enactment of the National Wildlife Ref3 uge Improvement Act of 1995 existing uses of any

4 refuge, including fishing and hunting, shall be per5 mitted to continue on an interim basis until the Sec6 retary determines that these uses are not compatible

7 with the purposes of the refuge or with the purposes

8 of the System specified in subsection (a)(3) or are

9 otherwise inconsistent with this Act.

10 ‘‘(iii) The Secretary shall permit fishing and

11 hunting on a refuge if the Secretary determines that

12 the activities are consistent with the principles of

13 sound fish and wildlife management, are compatible

14 with the purposes of the refuge and the purposes of

15 the System specified in subsection (a)(3), and are

16 consistent with public safety. No other determina17 tions or findings, except the determination of con18 sistency with State laws and regulations provided for

19 in subsection (m), are required to be made for fish20 ing and hunting to occur. The Secretary may make

21 the determination referred to in this paragraph for

22 a refuge concurrently with the development of a con23 servation plan for the refuge under subsection (e).

24 ‘‘(B) Not later than 24 months after the date

25 of the enactment of the National Wildlife Refuge
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1 Improvement Act of 1995, the Secretary shall issue

2 final regulations establishing the process for deter3 mining a compatible use under subparagraph (A)

4 that—

5 ‘‘(i) designate the refuge officer responsible

6 for making initial compatibility determinations;

7 ‘‘(ii) require an estimate of the timeframe,

8 location, manner, and purpose of each use;

9 ‘‘(iii) identify the effects of each use on

10 refuge resources and purposes of each refuge;

11 ‘‘(iv) require that compatibility determina12 tions be made in writing;

13 ‘‘(v) provide for the expedited consider14 ation of uses that will likely have no materially

15 detrimental effect on the fulfillment of the pur16 poses of a refuge or the purposes of the System

17 specified in subsection (a)(3);

18 ‘‘(vi) provide for the elimination or modi19 fication of any use as expeditiously as prac20 ticable after a determination is made that the

21 use is not compatible;

22 ‘‘(vii) require, after an opportunity for

23 public comment, reevaluation of each existing

24 use, other than those uses specified in clause

25 (viii), when conditions under which the use is
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1 permitted change significantly or when there is

2 significant new information regarding the ef3 fects of the use, but not less frequently than

4 once every 4 years, to ensure that the use re5 mains compatible with the purposes of the ref6 uge and the purposes of the System specified in

7 subsection (a)(3);

8 ‘‘(viii) require reevaluation of each fish and

9 wildlife-dependent recreational use when condi10 tions under which the use is permitted change

11 significantly or when there is significant new in12 formation regarding the effects of the use, but

13 not less frequently than in conjunction with

14 each preparation or revision of a conservation

15 plan under subsection (e) or at least every 15

16 years;

17 ‘‘(ix) provide an opportunity for public re18 view and comment on each evaluation of a use,

19 unless an opportunity for public review and

20 comment on the evaluation of the use has al21 ready been provided during the development or

22 revision of a conservation plan for the refuge

23 under subsection (e) or has otherwise been pro24 vided during routine, periodic determinations of
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1 compatibility for fish- and wildlife-dependent

2 recreational uses; and

3 ‘‘(x) provide that when managed in accord4 ance with principles of sound fish and wildlife

5 management, fishing and hunting in a refuge

6 are generally compatible with the conservation

7 of fish and wildlife and plants and their habi8 tats and have no materially detrimental effect

9 on the fulfillment of the purposes of the refuge

10 and the purposes of the System.

11 ‘‘(4) The provisions of this Act relating to de12 terminations of the compatibility of a use shall not

13 apply to—

14 ‘‘(A) overflights within the airspace of a

15 refuge, except as otherwise provided by law or

16 a memorandum of understanding with the Sec17 retary;

18 ‘‘(B)(i) a Federal navigation or commu19 nication aid that exists on any refuge on the

20 date of the enactment of the National Wildlife

21 Refuge Improvement Act of 1995 or on lands

22 at the time the lands are added to the System;

23 or

24 ‘‘(ii) the routine maintenance of estab25 lished access to, and replacement of, such an
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1 aid, if replacement of the aid has no greater im2 pact on wildlife resources than the original aid

3 and utilizes no more land;

4 ‘‘(C) a highway right-of-way in existence

5 within any refuge on the date of enactment of

6 the National Wildlife Refuge Improvement Act

7 of 1995 and routine maintenance of the right8 of-way, if to the maximum extent practicable

9 the right-of-way is managed and maintained so

10 as to be compatible with the purposes of the

11 refuge; and

12 ‘‘(D) activities authorized, funded, or con13 ducted by a Federal agency (other than the

14 United States Fish and Wildlife Service) which

15 has primary jurisdiction over the refuge or a

16 portion of the refuge, if the management of

17 those activities is in accordance with a memo18 randum of understanding between the Secretary

19 and the head of the Federal agency with pri20 mary jurisdiction over the refuge governing the

21 use of the refuge.’’.

22 SEC. 6. REFUGE CONSERVATION PLANNING PROGRAM.

23 (a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) is

24 amended—
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1 (1) by redesignating subsections (e) through (i)

2 as subsections (f) through (j), respectively; and

3 (2) by inserting after subsection (d) the follow4 ing new subsection:

5 ‘‘(e)(1)(A) Except with respect to refuge lands in

6 Alaska (which shall be governed by the refuge planning

7 provisions of the Alaska National Interest Lands Con8 servation Act (16 U.S.C. 3101 et seq.)), the Secretary

9 shall—

10 ‘‘(i) propose a comprehensive conservation plan

11 for each refuge or related complex of refuges (re12 ferred to in this subsection as a ‘planning unit’) in

13 the System;

14 ‘‘(ii) publish a notice of opportunity for public

15 comment in the Federal Register on each proposed

16 conservation plan;

17 ‘‘(iii) issue a final conservation plan for each

18 planning unit consistent with the provisions of this

19 Act and with fish and wildlife conservation plans of

20 the State in which the refuge is located; and

21 ‘‘(iv) not less frequently than 15 years after the

22 date of issuance of a conservation plan under clause

23 (iii) and every 15 years thereafter, revise the con24 servation plan as may be necessary.
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1 ‘‘(B) The Secretary shall prepare a comprehensive

2 conservation plan under this subsection for each refuges

3 within 15 years after the date of enactment of the Na4 tional Wildlife Refuge Improvement Act of 1995.

5 ‘‘(C)(i) The Secretary shall manage each refuge or

6 planning unit under plans in effect on the date of enact7 ment of the National Wildlife Refuge Improvement Act of

8 1995, to the extent such plans are consistent with this

9 Act, until such plans are revised or superseded by new

10 comprehensive conservation plans issued under this sub11 section.

12 ‘‘(D) Uses or activities consistent with this Act may

13 occur on any refuge or planning unit before existing plans

14 are revised or new comprehensive conservation plans are

15 issued under this subsection.

16 ‘‘(E) Upon completion of a comprehensive conserva17 tion plan under this subsection for a refuge or planning

18 unit, the Secretary shall manage the refuge or planning

19 unit in a manner consistent with the plan and shall revise

20 the plan at any time if the Secretary determines that con21 ditions that affect the refuge or planning unit have

22 changed significantly.

23 ‘‘(2) In developing each comprehensive conservation

24 plan under this subsection for a planning unit, the Sec-
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1 retary, acting through the Director, shall identify and de2 scribe—

3 ‘‘(A) the purposes of each refuge comprising

4 the planning unit and the purposes of the System

5 applicable to those refuges;

6 ‘‘(B) the distribution, migration patterns, and

7 abundance of fish, wildlife, and plant populations

8 and related habitats within the planning unit;

9 ‘‘(C) the archaeological and cultural values of

10 the planning unit;

11 ‘‘(D) such areas within the planning unit that

12 are suitable for use as administrative sites or visitor

13 facilities;

14 ‘‘(E) significant problems that may adversely

15 affect the populations and habitats of fish, wildlife,

16 and plants within the planning unit and the actions

17 necessary to correct or mitigate such problems; and

18 ‘‘(F) the opportunities for fish- and wildlife-de19 pendent recreation, including fishing and hunting,

20 environmental education, interpretation of the re21 sources and values of the planning unit, and other

22 uses that may contribute to refuge management.

23 ‘‘(3) In preparing each comprehensive conservation

24 plan under this subsection, and any revision to such a

25 plan, the Secretary, acting through the Director, shall, to
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1 the maximum extent practicable and consistent with this

2 Act—

3 ‘‘(A) consult with adjoining Federal, State,

4 local, and private landowners and affected State con5 servation agencies; and

6 ‘‘(B) coordinate the development of the con7 servation plan or revision of the plan with relevant

8 State conservation plans for fish and wildlife and

9 their habitats.

10 ‘‘(4)(A) In accordance with subparagraph (B), the

11 Secretary shall develop and implement a process to ensure

12 an opportunity for active public involvement in the prepa13 ration and revision of comprehensive conservation plans

14 under this subsection. At a minimum, the Secretary shall

15 require that publication of any final plan shall include a

16 summary of the comments made by States, adjacent or

17 potentially affected landowners, local governments, and

18 any other affected parties, together with a statement of

19 the disposition of concerns expressed in those comments.

20 ‘‘(B) Prior to the adoption of each comprehensive

21 conservation plan under this subsection, the Secretary

22 shall issue public notice of the draft proposed plan, make

23 copies of the plan available at the affected field and re24 gional offices of the United States Fish and Wildlife Serv25 ice, and provide opportunity for public comment.’’.
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1 SEC. 7. EMERGENCY POWER; STATE AUTHORITY; WATER

2 RIGHTS; COORDINATION; AUTHORIZATION OF

3 APPROPRIATIONS.

4 Section 4 (16 U.S.C. 668dd) is further amended by

5 adding at the end the following new subsections:

6 ‘‘(k) Notwithstanding any other provision of this Act

7 the Secretary may temporarily suspend, allow, or initiate

8 any activity in a refuge in the System in the event of any

9 emergency that constitutes an imminent danger to the

10 health and safety of the public or any fish or wildlife popu11 lation.

12 ‘‘(l) Nothing in this Act shall be construed to author13 ize the Secretary to control or regulate hunting or fishing

14 of fish and resident wildlife on lands or waters not within

15 the System.

16 ‘‘(m) Nothing in this Act shall be construed as affect17 ing the primary authority, jurisdiction, or responsibility of

18 the several States to manage, control, or regulate fish and

19 resident wildlife under State law or regulations in any area

20 within the System. Regulations permitting hunting or fish21 ing of fish and resident wildlife within the System shall

22 be, to the extent practicable, consistent with State fish and

23 wildlife laws and regulations.

24 ‘‘(n)(1) Nothing in this Act shall create a reserved

25 water right, express or implied, in the United States for

26 any purpose. This Act does not affect any Federal or State
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1 law in existence on the date of the enactment of this Act

2 regarding water quality or water quantity.

3 ‘‘(2) Adjudication of water rights, if any, that may

4 exist appurtenant to refuge units shall be pursued initially

5 in available State administrative or judicial forums.

6 ‘‘(o) Coordination with State fish and wildlife agency

7 personnel or with personnel of other affected State agen8 cies pursuant to this Act shall not be subject to the Fed9 eral Advisory Committee Act.’’.

10 SEC. 8. CONFORMING AMENDMENT.

11 Section 4(a)(3)(i) (16 U.S.C. 668dd(a)(3)(i)) is

12 amended by striking ‘‘paragraph (2)’’ and inserting ‘‘para13 graph (5)’’.

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