IIA

104TH CONGRESS

2D SESSION H. R. 1675

IN THE SENATE OF THE UNITED STATES

APRIL 25, 1996

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

Public Works

AN ACT

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,
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1 SECTION 1. SHORT TITLE; REFERENCES.

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

3 ‘‘National Wildlife Refuge Improvement Act of 1996’’.

4 (b) REFERENCES.—Whenever in this Act an amend5 ment or repeal is expressed in terms of an amendment

6 to, or repeal of, a section or other provision, the reference

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

8 of the National Wildlife Refuge System Administration

9 Act of 1966 (16 U.S.C. 668dd et seq.).

10 SEC. 2. FINDINGS.

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

12 (1) The National Wildlife Refuge System is

13 comprised of over 91,000,000 acres of Federal lands

14 that have been incorporated within 508 individual

15 units located in all 50 States and our territories.

16 (2) The System was created to conserve fish,

17 wildlife, and other habitats and this conservation

18 mission has been facilitated by providing Americans

19 opportunities to participate in wildlife-dependent

20 recreation, including fishing and hunting, on System

21 lands and to better appreciate the value of and need

22 for fish and wildlife conservation.

23 (3) The System is comprised of lands purchased

24 not only through the use of tax dollars but also

25 through the sale of Duck Stamps and refuge en-
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1 trance fees. It is a System paid for by those utilizing

2 it.

3 (4) On March 25, 1996, the President issued

4 Executive Order 12996 which recognized ‘‘wildlife5 dependent recreational activities involving hunting,

6 fishing, wildlife observation and photography, and

7 environmental education and interpretation as prior8 ity general public uses of the Refuge System’’.

9 (5) Executive Order 12996 is a positive step in

10 the right direction and will serve as the foundation

11 for the permanent statutory changes made by this

12 Act.

13 SEC. 3. DEFINITIONS.

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

15 (1) is redesignated as section 4; and

16 (2) as so redesignated is amended to read as

17 follows:

18 ‘‘SEC. 4. DEFINITIONS.

19 ‘‘For purposes of this Act:

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

21 that will not materially interfere with or detract

22 from the fulfillment of the purposes of a refuge or

23 the overall mission and purposes of the System spec24 ified in sections 4(a)(2) and (3), respectively, as de-
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1 termined by sound resource management, and based

2 on reliable scientific information.

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

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

5 with respect to fish and wildlife, mean to use, in ac6 cordance with applicable Federal and State laws,

7 methods and procedures associated with modern sci8 entific resource programs including protection, re9 search, census, law enforcement, habitat manage10 ment, propagation, live trapping and transplan11 tation, and regulated taking.

12 ‘‘(3) The term ‘Coordination Area’ means a

13 wildlife management area that is acquired by the

14 Federal Government and subsequently made avail15 able to a State—

16 ‘‘(A) by cooperative agreement between the

17 United States Fish and Wildlife Service and the

18 State fish and game agency pursuant to the

19 Fish and Wildlife Coordination Act (16 U.S.C.

20 661–666c); or

21 ‘‘(B) by long-term leases or agreements

22 pursuant to the Bankhead-Jones Farm Tenant

23 Act (50 Stat. 525; 7 U.S.C. 1010 et seq.).

24 ‘‘(4) The term ‘Director’ means the Director of

25 the United States Fish and Wildlife Service.
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1 ‘‘(5) The terms ‘fish’, ‘wildlife’, and ‘fish and

2 wildlife’ mean any wild member of the animal king3 dom whether alive or dead, and regardless of wheth4 er the member was bred, hatched, or born in cap5 tivity, including a part, product, egg, or offspring of

6 the member.

7 ‘‘(6) The term ‘hunt’ and ‘hunting’ do not in8 clude any taking of the American alligator (Alligator

9 mississippiensis) or its eggs.

10 ‘‘(7) The term ‘person’ means any individual,

11 partnership, corporation or association.

12 ‘‘(8) The term ‘plant’ means any member of the

13 plant kingdom in a wild, unconfined state, including

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

15 plant.

16 ‘‘(9) The terms ‘purposes of the refuge’ and

17 ‘purposes of each refuge’ mean the purposes speci18 fied in or derived from the law, proclamation, execu19 tive order, agreement, public land order, donation

20 document, or administrative memorandum establish21 ing, authorizing, or expanding a refuge, refuge unit,

22 or refuge subunit.

23 ‘‘(10) The term ‘refuge’ means a designated

24 area of land, water, or an interest in land or water
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1 within the System, but does not include navigational

2 servitudes, or Coordination Areas.

3 ‘‘(11) The term ‘Secretary’ means the Secretary

4 of the Interior.

5 ‘‘(12) The terms ‘State’ and ‘United States’

6 mean the several States of the United States, Puerto

7 Rico, American Samoa, the Virgin Islands, Guam,

8 and the insular possessions of the United States.

9 ‘‘(13) The term ‘System’ means the National

10 Wildlife Refuge System designated under section

11 4(a)(1).

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

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

14 or to attempt to pursue, hunt, shoot, capture, col15 lect, or kill.’’.

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

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

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

19 SEC. 4. MISSION AND PURPOSES OF THE SYSTEM.

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

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

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

23 (2) in clause (i) of paragraph (6) (as so redesig24 nated), by striking ‘‘paragraph (2)’’ and inserting

25 ‘‘paragraph (5)’’; and
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1 (3) by inserting after paragraph (1) the follow2 ing new paragraphs:

3 ‘‘(2) The overall mission of the System is to conserve

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

5 within the System for the benefit of present and future

6 generations of the people of the United States.

7 ‘‘(3) The purposes of the System are—

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

9 waters designed to conserve and manage fish, wild10 life, and plants and their habitats;

11 ‘‘(B) to conserve, manage, and where appro12 priate restore fish and wildlife populations, plant

13 communities, and refuge habitats within the System;

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

15 anadromous or interjurisdictional fish species, and

16 marine mammals within the System;

17 ‘‘(D) to provide opportunities for compatible

18 uses of refuges consisting of fish- and wildlife-de19 pendent recreation, including fishing and hunting,

20 wildlife observation, and environmental education;

21 ‘‘(E) to preserve, restore, and recover fish, wild22 life, and plants within the System that are listed or

23 are candidates for threatened species or endangered

24 species under section 4 of the Endangered Species
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1 Act of 1973 (16 U.S.C. 1533) and the habitats on

2 which these species depend; and

3 ‘‘(F) to fulfill as appropriate international trea4 ty obligations of the United States with respect to

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

6 SEC. 5. ADMINISTRATION OF THE SYSTEM.

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

8 (16 U.S.C. 668dd(a)) (as amended by section 3 of this

9 Act) is further amended by inserting after new paragraph

10 (3) the following new paragraph:

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

12 shall—

13 ‘‘(A) ensure that the mission and purposes of

14 the System described in paragraphs (2) and (3), re15 spectively, and the purposes of each refuge are car16 ried out, except that if a conflict exists between the

17 purposes of a refuge and any purpose of the System,

18 the conflict shall be resolved in a manner that first

19 protects the purposes of the refuge, and, to the ex20 tent practicable, that also achieves the purposes of

21 the System;

22 ‘‘(B) provide for conservation of fish and wild23 life and their habitats within the System;

24 ‘‘(C) ensure effective coordination, interaction,

25 and cooperation with owners of land adjoining ref-
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1 uges and the fish and wildlife agency of the States

2 in which the units of the System are located;

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

4 water quantity and water quality to fulfill the pur5 poses of the System and the purposes of each ref6 uge;

7 ‘‘(E) acquire under State law through purchase,

8 exchange, or donation water rights that are needed

9 for refuge purposes;

10 ‘‘(F) plan, propose, and direct appropriate ex11 pansion of the System in the manner that is best de12 signed to accomplish the purposes of the System and

13 the purposes of each refuge and to complement ef14 forts of States and other Federal agencies to con15 serve fish and wildlife and their habitats;

16 ‘‘(G) recognize compatible uses of refuges con17 sisting of wildlife-dependent recreational activities

18 involving hunting, fishing, wildlife observation and

19 photography, and environmental education and in20 terpretation as priority general public uses of the

21 System through which the American public can de22 velop an appreciation for fish and wildlife;

23 ‘‘(H) provide expanded opportunities for these

24 priority public uses within the System when they are
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1 compatible and consistent with sound principles of

2 fish and wildlife management;

3 ‘‘(I) ensure that such priority public uses re4 ceive enhanced attention in planning and manage5 ment within the System;

6 ‘‘(J) provide increased opportunities for families

7 to experience wildlife-dependent recreation, particu8 larly opportunities for parents and their children to

9 safely engage in traditional outdoor activities, such

10 as fishing and hunting;

11 ‘‘(K) ensure that the biological integrity and en12 vironmental health of the System is maintained for

13 the benefit of present and future generations of

14 Americans;

15 ‘‘(L) continue, consistent with existing laws and

16 interagency agreements, authorized or permitted

17 uses of units of the System by other Federal agen18 cies, including those necessary to facilitate military

19 preparedness;

20 ‘‘(M) plan and direct the continued growth of

21 the System in a manner that is best designed to ac22 complish the mission of the System, to contribute to

23 the conservation of the ecosystems of the United

24 States, and to increase support for the System and
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1 participation from conservation partners and the

2 public;

3 ‘‘(N) ensure timely and effective cooperation

4 and collaboration with Federal agencies and State

5 fish and wildlife agencies during the course of ac6 quiring and managing refuges;

7 ‘‘(O) ensure appropriate public involvement op8 portunities will be provided in conjunction with ref9 uge planning and management activities; and

10 ‘‘(P) identify, prior to acquisition, existing wild11 life-dependent compatible uses of new refuge lands

12 that shall be permitted to continue on an interim

13 basis pending completion of comprehensive plan14 ning.’’.

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

16 amended—

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

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

19 take the following actions:’’;

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

21 inserting ‘‘Enter’’;

22 (3) in paragraph (2)—

23 (A) by striking ‘‘to accept’’ and inserting

24 ‘‘Accept’’; and
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1 (B) by striking ‘‘, and’’ and inserting a pe2 riod;

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

4 and inserting ‘‘Acquire’’; and

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

6 paragraph:

7 ‘‘(4) Subject to standards established by and

8 the overall management oversight of the Director,

9 and consistent with standards established by this

10 Act, enter into cooperative agreements with State

11 fish and wildlife agencies and other entities for the

12 management of programs on, or parts of, a refuge.’’.

13 SEC. 6. COMPATIBILITY STANDARDS AND PROCEDURES.

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

15 adding at the end the following new paragraph:

16 ‘‘(3)(A)(i) Except as provided in clause (ii), on

17 and after the date that is 3 years after the date of

18 the enactment of the National Wildlife Refuge Im19 provement Act of 1996, the Secretary shall not initi20 ate or permit a new use of a refuge or expand,

21 renew, or extend an existing use of a refuge, unless

22 the Secretary has determined that the use is a com23 patible use.

24 ‘‘(ii) On lands added to the System after the

25 date of the enactment of the National Wildlife Ref-
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1 uge Improvement Act of 1996, any existing fish or

2 wildlife-dependent use of a refuge, including fishing,

3 hunting, wildlife observation, and environmental

4 education, shall be permitted to continue on an in5 terim basis unless the Secretary determines that the

6 use is not a compatible use.

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

8 hunting on a refuge if the Secretary determines that

9 the activities are consistent with the principles of

10 sound fish and wildlife management, are compatible

11 uses (consistent with the purposes of the System

12 under subsection (a)(3)), and are consistent with

13 public safety. No other determinations or findings,

14 except the determination of consistency with State

15 laws and regulations provided for in subsection (m),

16 are required to be made for fishing and hunting to

17 occur. The Secretary may make the determination

18 referred to in this paragraph for a refuge concur19 rently with the development of a conservation plan

20 for the refuge under subsection (e).

21 ‘‘(iv) A new use of a Coordination Area first

22 made available to a State after the date of enact23 ment of the National Wildlife Refuge Improvement

24 Act of 1996 may not be initiated or permitted unless
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1 the Secretary determines that the use is a compat2 ible use.

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

4 of the enactment of the National Wildlife Refuge

5 Improvement Act of 1996, the Secretary shall issue

6 final regulations establishing the process for deter7 mining under subparagraph (A) whether a use of a

8 refuge is a compatible use, that—

9 ‘‘(i) designate the refuge officer responsible

10 for making initial compatibility determinations;

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

12 location, manner, and purpose of each use;

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

14 refuge resources and purposes of each refuge;

15 ‘‘(iv) require that compatibility determina16 tions be made in writing and consider the best

17 professional judgment of the refuge officer des18 ignated under clause (i);

19 ‘‘(v) provide for the expedited consider20 ation of uses that will likely have no detrimen21 tal effect on the fulfillment of the purposes of

22 a refuge or the purposes of the System specified

23 in subsection (a)(3);

24 ‘‘(vi) provide for the elimination or modi25 fication of any use as expeditiously as prac-
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1 ticable after a determination is made that the

2 use is not a compatible use;

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

4 public comment, reevaluation of each existing

5 use, other than those uses specified in clause

6 (viii), when conditions under which the use is

7 permitted change significantly or when there is

8 significant new information regarding the ef9 fects of the use, but not less frequently than

10 once every 10 years, to ensure that the use re11 mains a compatible use;

12 ‘‘(viii) require after an opportunity for

13 public comment reevaluation of each fish and

14 wildlife-dependent recreational use when condi15 tions under which the use is permitted change

16 significantly or when there is significant new in17 formation regarding the effects of the use, but

18 not less frequently than in conjunction with

19 each preparation or revision of a conservation

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

21 years;

22 ‘‘(ix) provide an opportunity for public re23 view and comment on each evaluation of a use,

24 unless an opportunity for public review and

25 comment on the evaluation of the use has al-
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1 ready been provided during the development or

2 revision of a conservation plan for the refuge

3 under subsection (e) or has otherwise been pro4 vided during routine, periodic determinations of

5 compatibility for fish- and wildlife-dependent

6 recreational uses; and

7 ‘‘(x) provide that when managed in accord8 ance with principles of sound fish and wildlife

9 management, fishing, hunting, wildlife observa10 tion, and environmental education in a refuge

11 are generally compatible uses.

12 ‘‘(4) The provisions of this Act relating to de13 terminations of the compatibility of a use shall not

14 apply to—

15 ‘‘(A) overflights above a refuge; and

16 ‘‘(B) activities authorized, funded, or con17 ducted by a Federal agency (other than the

18 United States Fish and Wildlife Service) which

19 has primary jurisdiction over the refuge or a

20 portion of the refuge, if the management of

21 those activities is in accordance with a memo22 randum of understanding between the Secretary

23 or the Director and the head of the Federal

24 agency with primary jurisdiction over the refuge

25 governing the use of the refuge.
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1 ‘‘(5) Overflights above a refuge may be gov2 erned by any memorandum of understanding entered

3 into by the Secretary that applies to the refuge.’’.

4 SEC. 7. REFUGE CONSERVATION PLANNING PROGRAM.

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

6 amended—

7 (1) by redesignating subsections (e) through (i)

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

9 (2) by inserting after subsection (d) the follow10 ing new subsection:

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

12 Alaska (which shall be governed by the refuge planning

13 provisions of the Alaska National Interest Lands Con14 servation Act (16 U.S.C. 3101 et seq.)), the Secretary

15 shall—

16 ‘‘(i) propose a comprehensive conservation plan

17 for each refuge or related complex of refuges (re18 ferred to in this subsection as a ‘planning unit’) in

19 the System;

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

21 comment in the Federal Register on each proposed

22 conservation plan;

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

24 planning unit consistent with the provisions of this

25 Act and, to the extent practicable, consistent with
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1 fish and wildlife conservation plans of the State in

2 which the refuge is located; and

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

4 date of issuance of a conservation plan under clause

5 (iii) and every 15 years thereafter, revise the con6 servation plan as may be necessary.

7 ‘‘(B) The Secretary shall prepare a comprehensive

8 conservation plan under this subsection for each refuge

9 within 15 years after the date of enactment of the Na10 tional Wildlife Refuge Improvement Act of 1996.

11 ‘‘(C) The Secretary shall manage each refuge or plan12 ning unit under plans in effect on the date of enactment

13 of the National Wildlife Refuge Improvement Act of 1996,

14 to the extent such plans are consistent with this Act, until

15 such plans are revised or superseded by new comprehen16 sive conservation plans issued under this subsection.

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

18 occur on any refuge or planning unit before existing plans

19 are revised or new comprehensive conservation plans are

20 issued under this subsection.

21 ‘‘(E) Upon completion of a comprehensive conserva22 tion plan under this subsection for a refuge or planning

23 unit, the Secretary shall manage the refuge or planning

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

25 the plan at any time if the Secretary determines that con-
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1 ditions that affect the refuge or planning unit have

2 changed significantly.

3 ‘‘(2) In developing each comprehensive conservation

4 plan under this subsection for a planning unit, the Sec5 retary, acting through the Director, shall identify and de6 scribe—

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

8 the planning unit and the purposes of the System

9 applicable to those refuges;

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

11 abundance of fish, wildlife, and plant populations

12 and related habitats within the planning unit;

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

14 the planning unit;

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

16 are suitable for use as administrative sites or visitor

17 facilities;

18 ‘‘(E) significant problems that may adversely

19 affect the populations and habitats of fish, wildlife,

20 and plants within the planning unit and the actions

21 necessary to correct or mitigate such problems; and

22 ‘‘(F) the opportunities for fish- and wildlife-de23 pendent recreation, including fishing and hunting,

24 wildlife observation, environmental education, inter25 pretation of the resources and values of the planning
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1 unit, and other uses that may contribute to refuge

2 management.

3 ‘‘(3) In preparing each comprehensive conservation

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

5 plan, the Secretary, acting through the Director, shall, to

6 the maximum extent practicable and consistent with this

7 Act—

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

9 local, and private landowners and affected State con10 servation agencies; and

11 ‘‘(B) coordinate the development of the con12 servation plan or revision of the plan with relevant

13 State conservation plans for fish and wildlife and

14 their habitats.

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

16 Secretary shall develop and implement a process to ensure

17 an opportunity for active public involvement in the prepa18 ration and revision of comprehensive conservation plans

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

20 require that publication of any final plan shall include a

21 summary of the comments made by States, adjacent or

22 potentially affected landowners, local governments, and

23 any other affected parties, together with a statement of

24 the disposition of concerns expressed in those comments.
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1 ‘‘(B) Prior to the adoption of each comprehensive

2 conservation plan under this subsection, the Secretary

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

4 copies of the plan available at the affected field and re5 gional offices of the United States Fish and Wildlife Serv6 ice, and provide opportunity for public comment.’’.

7 SEC. 8. EMERGENCY POWER; PRESIDENTIAL EXEMPTION;

8 STATE AUTHORITY; WATER RIGHTS; COORDI9 NATION.

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

11 further amended by adding at the end the following new

12 subsections:

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

14 the Secretary may temporarily suspend, allow, or initiate

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

16 emergency that constitutes an imminent danger to the

17 health and safety of the public or any fish or wildlife popu18 lation, including any activity to control or eradicate sea

19 lampreys, zebra mussels, or any other aquatic nuisance

20 species (as that term is defined in section 1003 of the

21 Nonindigenous Aquatic Nuisance Prevention and Control

22 Act of 1990 (16 U.S.C. 4702)).

23 ‘‘(l)(1) The President may exempt from any provision

24 of this Act any activity conducted by the Department of
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1 Defense on a refuge within the System if the President

2 finds that—

3 ‘‘(A) the activity is in the paramount interest of

4 the United States for reasons of national security;

5 and

6 ‘‘(B) there is no feasible and prudent alter7 native location on public lands for the activity.

8 ‘‘(2) After the President authorizes an exemption

9 under paragraph (1), the Secretary of Defense shall un10 dertake, with the concurrence of the Secretary of the Inte11 rior, appropriate steps to mitigate the effect of the ex12 empted activity on the refuge.

13 ‘‘(m) Nothing in this Act shall be construed to au14 thorize the Secretary to control or regulate hunting or

15 fishing of fish and resident wildlife on lands or waters not

16 within the System.

17 ‘‘(n) Nothing in this Act shall be construed as affect18 ing the authority, jurisdiction, or responsibility of the sev19 eral States to manage, control, or regulate fish and resi20 dent wildlife under State law or regulations in any area

21 within the System. Regulations permitting hunting or fish22 ing of fish and resident wildlife within the System shall

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

24 wildlife laws, regulations, or management plans.

25 ‘‘(o)(1) Nothing in this Act shall—
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1 ‘‘(A) create a reserved water right, express or

2 implied, in the United States for any purpose;

3 ‘‘(B) affect any water right in existence on the

4 date of enactment of the National Wildlife Refuge

5 Improvement Act of 1996; or

6 ‘‘(C) affect any Federal or State law in exist7 ence on the date of the enactment of the National

8 Wildlife Refuge Improvement Act of 1996 regarding

9 water quality or water quantity.

10 ‘‘(2) Nothing in this Act shall diminish or affect the

11 ability to join the United States in the adjudication of

12 rights to the use of water pursuant to the McCarran Act

13 (43 U.S.C. 666).

14 ‘‘(p) Coordination with State fish and wildlife agency

15 personnel or with personnel of other affected State agen16 cies pursuant to this Act shall not be subject to the Fed17 eral Advisory Committee Act.

18 ‘‘(q) Nothing in this Act shall be construed as requir19 ing or prohibiting fishing or hunting on any particular ref20 uge except pursuant to a determination by the Secretary

21 in accordance with this Act.’’.

22 (b) CONFORMING AMENDMENT.—Section 4(c) (16

23 U.S.C. 668dd(c)) is amended by striking the last sentence.

24 SEC. 9. STATUTORY CONSTRUCTION.

25 Nothing in this Act is intended to affect—
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1 (1) the provisions for subsistence uses in Alaska

2 set forth in the Alaska National Interest Lands Con3 servation Act (Public Law 96–487), including those

4 in titles III and VIII of that Act;

5 (2) the provisions of section 102 of the Alaska

6 National Interest Lands Conservation Act, the juris7 diction over subsistence uses in Alaska, or any asser8 tion of subsistence uses in the Federal courts; and

9 (3) the manner in which section 810 of the

10 Alaska National Interest Lands Conservation Act is

11 implemented in refuges in Alaska, and the deter12 mination of compatible use as it relates to subsist13 ence uses in these refuges.

14 SEC. 10. NEW REFUGES.

15 Nothwithstanding any other provision of law, no

16 funds may be expended from the Land and Water Con17 servation Fund established by Public Law 88–578, for the

18 creation of a new refuge having a total area greater than

19 500 acres or the expansion of a new refuge of any acreage

20 that would result in the new refuge having a total of more

21 than 500 acres within the National Wildlife Refuge Sys22 tem without specific authorization of Congress pursuant

23 to a recommendation of the United States Fish and Wild24 life Service, to create or expand that new refuge. For pur-
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1 poses of this section, a new refuge is a refuge created after

2 the date of enactment of this Act.

3 SEC. 11. REORGANIZATIONAL TECHNICAL AMENDMENTS.

4 (a) REORGANIZATIONAL AMENDMENTS.—The Act of

5 October 15, 1966 (16 U.S.C. 668dd et seq.) is amended—

6 (1) by adding before section 4 the following new

7 section:

8 ‘‘SECTION 1. SHORT TITLE.

9 ‘‘This Act may be cited as the ‘National Wildlife Ref10 uge System Administration Act of 1966’.’’;

11 (2) by striking sections 6, 7, 8, 9, and 10; and

12 (3) in section 4 (16 U.S.C. 668dd), as in effect

13 immediately before the enactment of this Act—

14 (A) by redesignating that section as sec15 tion 2;

16 (B) by striking ‘‘SEC. 4.’’; and

17 (C) by inserting before and immediately

18 above the text of the section the following new

19 heading:

20 ‘‘SEC. 4. NATIONAL WILDLIFE REFUGE SYSTEM.’’.

21 (b) CONFORMING AMENDMENT.—Section 12(f) of the

22 Act of December 5, 1969 (83 Stat. 283) is repealed.

23 (c) REFERENCES.—Any reference in any law, regula24 tion, or other document of the United States to section

25 4 of the National Wildlife Refuge System Administration
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1 Act of 1966 is deemed to refer to section 2 of that Act,

2 as redesignated by subsection (a)(4) of this section.

3 SEC. 12. AUTHORITY OF SECRETARY OF THE INTERIOR TO

4 ACCEPT STATE DONATIONS OF STATE EM5 PLOYEE SERVICES DURING GOVERNMENT

6 BUDGETARY SHUTDOWN.

7 After section 2 of the Act, as redesignated by section

8 11(a)(3) of this Act, add the following new section:

9 ‘‘SEC. 3. AUTHORITY OF SECRETARY OF THE INTERIOR TO

10 ACCEPT STATE DONATIONS OF STATE EM11 PLOYEE SERVICES DURING GOVERNMENT

12 BUDGETARY SHUTDOWN.

13 ‘‘(a) IN GENERAL.—The Secretary shall accept from

14 any qualified State donations of services of State employ15 ees to perform in a refuge, in a period of Government

16 budgetary shutdown, fish- and wildlife-dependent recre17 ation management functions otherwise authorized to be

18 performed by Department of Interior personnel.

19 ‘‘(b) LIMITATIONS.—An employee of a State may

20 perform functions under this section only—

21 ‘‘(1) within areas of a refuge that are located

22 in the State; and

23 ‘‘(2) in accordance with an agreement entered

24 into by the Secretary and the Governor of the State

25 under subsection (c).
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HR 1675 RFS

1 ‘‘(c) AGREEMENTS.—

2 ‘‘(1) IN GENERAL.—For purposes of this sec3 tion, the Secretary may enter into an agreement in

4 accordance with this subsection with the Governor of

5 any State in which is located any part of a refuge.

6 ‘‘(2) TERMS CONDITIONS.—An agreement

7 under this subsection shall—

8 ‘‘(A) contain provisions to ensure resource

9 and visitor protection acceptable under the

10 standards of the United States Fish and Wild11 life Service;

12 ‘‘(B) require that each individual perform13 ing functions under the agreement shall have—

14 ‘‘(i) adequate safety training;

15 ‘‘(ii) knowledge of the terrain in which

16 the individual will perform those functions;

17 and

18 ‘‘(iii) knowledge of and adherence to

19 Federal regulations relating to those func20 tions; and

21 ‘‘(C) specify other terms and conditions

22 under which a State employee may perform

23 such functions.

24 ‘‘(d) EXCLUSION FROM TREATMENT AS FEDERAL

25 EMPLOYEES.—A State employee who performs functions
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HR 1675 RFS

1 under this section shall not be treated as a Federal em2 ployee for purposes of any Federal law relating to pay or

3 benefits for Federal employees.

4 ‘‘(e) ANTI-DEFICIENCY ACT NOT APPLICABLE.—

5 Section 1341(a) of title 31, United States Code, shall not

6 apply with respect to the acceptance of services of, and

7 the performance of functions by, State employees under

8 this section.

9 ‘‘(f) DEFINITIONS.—In this section—

10 ‘‘(1) the term ‘Government budgetary shut11 down’ means a period during which there are no

12 amounts available for the operation of the System,

13 because of—

14 ‘‘(A) a failure to enact an annual appro15 priations bill for the period for the Department

16 of the Interior; and

17 ‘‘(B) a failure to enact a bill (or joint reso18 lution) continuing the availability of appropria19 tions for the Department of the Interior for a

20 temporary period pending the enactment of

21 such an annual appropriations bill; and
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HR 1675 RFS

1 ‘‘(2) the term ‘qualified State’ means a State

2 that has entered into an agreement with the Sec3 retary in accordance with subsection (c).’’.

Passed the House of Representatives April 24, 1996.

Attest: ROBIN H. CARLE,

Clerk.