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[House Report 112-175]
[From the U.S. Government Printing Office]


112th Congress                                            Rept. 112-175
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
                    SIKES ACT AMENDMENTS ACT OF 2011

                                _______
                                

 July 21, 2011.--Committed to the Committee of the Whole House on the 
             State of the Union, and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1670]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1670) to amend the Sikes Act to improve the 
application of that Act to State-owned facilities used for the 
national defense, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Sikes Act Amendments Act of 2011''.

SEC. 2. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR 
                    THE NATIONAL DEFENSE.

  (a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et seq.) is 
amended as follows:
          (1) Definitions.--Section 100 (16 U.S.C. 670) is amended--
                  (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (4) and (5), respectively; and
                  (B) by inserting after paragraph (1) the following 
                new paragraphs:
          ``(2) State.--The term `State' means any of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, Guam, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, and the Virgin Islands.
          ``(3) State-owned national guard installation.--The term 
        `State-owned National Guard installation' means land owned and 
        operated by a State when such land is used for training the 
        National Guard pursuant to chapter 5 of title 32, United States 
        Code, with funds provided by the Secretary of Defense or the 
        Secretary of a military department, even though such land is 
        not under the jurisdiction of the Department of Defense.''.
          (2) Funding of integrated natural resources management 
        plans.--Section 101 (16 U.S.C. 670a) is amended--
                  (A) in subsection (a)(1)(B)--
                          (i) by inserting ``(i)'' before ``To 
                        facilitate''; and
                          (ii) by adding at the end the following new 
                        clause:
                  ``(ii) The Secretary of a military department may, 
                subject to the availability of appropriations, develop 
                and implement an integrated natural resources 
                management plan for a State-owned National Guard 
                installation. Such a plan shall be developed and 
                implemented in coordination with the chief executive 
                officer of the State in which the State-owned National 
                Guard installation is located. Such a plan is deemed, 
                for purposes of any other provision of law, to be for 
                lands or other geographical areas owned or controlled 
                by the Department of Defense, or designated for its 
                use.'';
                  (B) in subsection (a)(2), by inserting ``or State-
                owned National Guard installation'' after ``military 
                installation'' both places it appears;
                  (C) in subsection (a)(3)--
                          (i) by redesignating subparagraphs (A), (B), 
                        and (C) as clauses (i), (ii), and (iii), 
                        respectively;
                          (ii) by inserting ``(A)'' before 
                        ``Consistent'';
                          (iii) in subparagraph (A), as designated by 
                        clause (ii) of this subparagraph, by inserting 
                        ``and State-owned National Guard 
                        installations'' after ``military 
                        installations'' the first place it appears;
                          (iv) in clause (i) of subparagraph (A), as 
                        redesignated by clause (i) of this 
                        subparagraph, by striking ``military 
                        installations'' and inserting ``such 
                        installations'';
                          (v) in clause (ii) of subparagraph (A), as 
                        redesignated by clause (i) of this 
                        subparagraph, by inserting ``on such 
                        installations'' after ``resources''; and
                          (vi) by adding at the end the following 
                        subparagraph:
          ``(B) In the case of a State-owned National Guard 
        installation, such program shall be carried out in coordination 
        with the chief executive officer of the State in which the 
        installation is located.'';
                  (D) in subsection (b), by inserting ``and State-owned 
                National Guard installations'' after ``military 
                installations'' the first place it appears;
                  (E) in subparagraphs (G) and (I) of subsection 
                (b)(1), by striking ``military installation'' each 
                place it appears and inserting ``installation''; and
                  (F) in subsection (b)(3), by inserting ``, in the 
                case of a military installation,'' after ``(3) may''.
          (3) Cooperative agreements.--Section 103a(a) (16 U.S.C. 670c-
        1(a)) is amended--
                  (A) in paragraph (1), by striking ``Department of 
                Defense installations'' and inserting ``military 
                installations and State-owned National Guard 
                installations''; and
                  (B) in paragraph (2), by striking ``Department of 
                Defense installation'' and inserting ``military 
                installation or State-owned National Guard 
                installation''.
  (b) Section and Subsection Headings.--Such Act is further amended as 
follows:
          (1) Section 101 (16 U.S.C. 670a) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.'';

                  (B) by striking ``Sec. 101.'';
                  (C) in subsection (c), by inserting ``Prohibitions on 
                Sale and Lease of Lands Unless Effects Compatible With 
                Plan.--'' after ``(c)'';
                  (D) in subsection (d), by inserting ``Implementation 
                and Enforcement of Integrated Natural Resources 
                Management Plans.--'' after ``(d)''; and
                  (E) in subsection (e)--
                          (i) by inserting ``Applicability of Other 
                        Laws.--'' after ``(e)''; and
                          (ii) by inserting a comma after ``Code''.
          (2) Section 102 (16 U.S.C. 670b) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.'';

                  (B) by striking ``Sec. 102.'' and inserting ``(a) 
                Integrated Natural Resources Management Plan.--''; and
                  (C) by striking ``agency:'' and all that follows 
                through ``possession'' and inserting ``agency.
  ``(b) Applicability of Other Laws.--Possession''.
          (3) Section 103a (16 U.S.C. 670c-1) is further amended--
                  (A) by inserting at the beginning the following:

``SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT 
                    ON INSTALLATIONS.'';

                  (B) by striking ``Sec. 103a.'';
                  (C) in subsection (a), by inserting ``Authority of 
                Secretary of Military Department.--'' after ``(a)''; 
                and
                  (D) in subsection (c), by inserting ``Availability of 
                Funds; Agreements Under Other Laws.--'' after ``(c)''.
          (4) Section 104 (16 U.S.C. 670d) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.'';

                and
                  (B) by striking ``Sec. 104.''.
          (5) Section 105 (16 U.S.C. 670e) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.'';

                and
                  (B) by striking ``Sec. 105.''.
          (6) Section 108 (16 U.S.C. 670f) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 108. APPROPRIATIONS AND EXPENDITURES.'';

                  (B) by striking ``Sec. 108.'';
                  (C) in subsection (a), by inserting ``Expenditures of 
                Collected Funds Under Integrated Natural Resources 
                Management Plans.--'' after ``(a)'';
                  (D) in subsection (b), by inserting ``Authorization 
                of Appropriations to Secretary of Defense.--'' after 
                ``(b)'';
                  (E) in subsection (c), by inserting ``Authorization 
                of Appropriations to Secretary of the Interior.--'' 
                after ``(c)''; and
                  (F) in subsection (d), by inserting ``Use of Other 
                Conservation or Rehabilitation Authorities.--'' after 
                ``(d)''.
          (7) Section 201 (16 U.S.C. 670g) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION 
                    PROGRAMS.'';

                  (B) by striking ``Sec. 201.'';
                  (C) in subsection (a), by inserting ``Programs 
                Required.--'' after ``(a)''; and
                  (D) in subsection (b), by inserting ``Implementation 
                of Programs.--'' after ``(b)''.
          (8) Section 202 (16 U.S.C. 670h) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION 
                    PROGRAMS.'';

                  (B) by striking ``Sec. 202.'';
                  (C) in subsection (a), by inserting ``Development of 
                Plans.--'' after ``(a)'';
                  (D) in subsection (b), by inserting ``Consistency 
                With Overall Land Use and Management Plans; Hunting, 
                Trapping, and Fishing.--'' after ``(b)'';
                  (E) in subsection (c), by inserting ``Cooperative 
                Agreements by State Agencies for Implementation of 
                Programs.--'' after ``(c)''; and
                  (F) in subsection (d), by inserting ``State Agency 
                Agreements Not Cooperative Agreements Under Other 
                Provisions.--'' after ``(d)''.
          (9) Section 203 (16 U.S.C. 670i) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, TRAPPING, 
                    AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS.'';

                  (B) by striking ``Sec. 203.'';
                  (C) in subsection (a), by inserting ``Agreements To 
                Require Stamps.--'' after ``(a)''; and
                  (D) in subsection (b)--
                          (i) by inserting ``Conditions for 
                        Agreements.--'' after ``(b)''; and
                          (ii) by moving paragraph (3) 2 ems to the 
                        right, so that the left-hand margin aligns with 
                        that of paragraph (2).
          (10) Section 204 (16 U.S.C. 670j) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 204. ENFORCEMENT PROVISIONS.'';

                  (B) by striking ``Sec. 204.'';
                  (C) in subsection (a), by inserting ``Violations and 
                Penalties.--'' after ``(a)'';
                  (D) in subsection (b), by inserting ``Enforcement 
                Powers and Proceedings.--'' after ``(b)'';
                  (E) in subsection (c), by inserting ``Seizure and 
                Forfeiture.--'' after ``(c)''; and
                  (F) in subsection (d), by inserting ``Applicability 
                of Customs Laws.--'' after ``(d)''.
          (11) Section 205 (16 U.S.C. 670k) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 205. DEFINITIONS.'';

                and
                  (B) by striking ``Sec. 205.''.
          (12) Section 206 (16 U.S.C. 670l) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND 
                    BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED 
                    FEES.'';

                and
                  (B) by striking ``Sec. 206.''.
          (13) Section 207 (16 U.S.C. 670m) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING 
                    INDIAN RIGHTS.'';

                and
                  (B) by striking ``Sec. 207.''.
          (14) Section 209 (16 U.S.C. 670o) is amended--
                  (A) by inserting at the beginning the following:

``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.'';

                  (B) by striking ``Sec. 209.'';
                  (C) in subsection (a), by inserting ``Functions and 
                Responsibilities of Secretary of the Interior.--'' 
                after ``(a)'';
                  (D) in subsection (b), by inserting ``Functions and 
                Responsibilities of Secretary of Agriculture.--'' after 
                ``(b)'';
                  (E) in subsection (c), by inserting ``Use of Other 
                Conservation or Rehabilitation Authorities.--'' after 
                ``(c)''; and
                  (F) in subsection (d), by inserting ``Contract 
                Authority.--'' after ``(d)''.
  (c) Codification of Change of Name.--Section 204(b) of such Act (16 
U.S.C. 670j) is amended by striking ``magistrate'' both places it 
appears and inserting ``magistrate judge''.
  (d) Repeal of Obsolete Section.--Section 208 of such Act is repealed, 
and section 209 of such Act (16 U.S.C. 670o) is redesignated as section 
208.

                          Purpose of the Bill

    The purpose of H.R. 1670, as ordered reported, is to amend 
the Sikes Act to improve the application of that Act to State-
owned facilities used for the national defense.

                  Background and Need for Legislation

    The Department of Defense (DOD) controls nearly 30 million 
acres of fish and wildlife habitat at approximately 400 
military installations nationwide. These lands contain a wealth 
of plant and animal life, wetlands for migratory birds and 
nearly 300 federally listed threatened and endangered species. 
Prior to the Sikes Act Implementation Act of 1997, DOD was able 
to enter into voluntary ``cooperative plans'' with the 
Secretary of the Interior and the appropriate state fish and 
wildlife agency to carry out a program to plan, develop, 
maintain and coordinate fish and wildlife conservation efforts 
on military lands. These plans were neither uniform nor 
comprehensive in their requirements, and DOD was not required 
to implement them.
    Under current law, DOD is required to complete a 
comprehensive Integrated Natural Resource Management Plan 
(INRMP) for each of its installations. An INRMP is defined as: 
``An integrated plan based, to the maximum extent practicable, 
on ecosystem management that shows the interrelationships of 
individual components of natural resources management to 
mission requirements and other land use activities affecting an 
installation's natural resources.'' These plans should include 
the following components: fish and wildlife management and 
wildlife-oriented recreation; fish and wildlife habitat 
enhancement; wetland protection; establishment of specific 
management goals; public use of natural resources; enforcement 
of all natural resource laws; and how a ``no net loss'' of 
military lands would be ensured. The law allows for a public 
comment period for each INRMP, requires that each plan be 
completed within two years, stipulates that a sufficient number 
of professional trained natural resource management personnel 
be available to complete these plans and requires an annual 
report to Congress. These plans must be reviewed by 
installation commanders, the Service and the states regularly, 
but no less than every five years. The only exception involves 
those bases that do not have any significant fish, wildlife or 
natural resources. DOD believes that 380 military installations 
are required to complete an INRMP.
    The fundamental goals of INRMPs are to assist installation 
commanders in their efforts to conserve and rehabilitate 
natural resources and to balance the use of its air, land and 
water resources for military training and testing with the need 
to conserve wildlife resources for future generations. They are 
a comprehensive approach to ecosystem management which, in a 
proactive way, protects endangered species and their habitats.
    On November 24, 2003, the National Defense Authorization 
Act was signed into law and it modified a number of Sikes Act 
provisions. Among the changes was one to the Endangered Species 
Act which precluded the designation of critical habitat for 
listed species on DOD lands when those facilities had an 
approved INRMP. This was an important modification because 
thousands of acres of military lands were being designated as 
``critical habitat'' and the net effect was that an increasing 
number of military training activities were being curtailed, 
eliminated or limited because of these restrictions.
    The purpose of H.R. 1670 is to direct the Secretary of 
Defense to develop and implement an INRMP for 47 State-owned 
Army National Guard facilities in 30 states. This would affect 
some 510,546 acres. Under the terms of this language, DOD, in 
coordination with the Governor of each affected state and the 
Fish and Wildlife Service, would be responsible for completing 
an INRMP for each installation. While the vast majority of 
these state installations have implemented their own integrated 
plans, they have not been coordinating their efforts with the 
federal government. By coming under the jurisdiction of the 
Sikes Act, this should protect these state-owned installations 
from the loss of training lands due to critical habitat 
designations, it will establish a uniform standard for all Army 
facilities, and it will make these modifications without 
requiring any additional federal spending. Finally, the bill 
makes a number of technical changes to various provisions 
dealing with the conservation of wildlife species on military 
lands in an effort to conform this law with the many revisions 
that have occurred since this law was first enacted in 1960.
    The text of this bill has been included in the National 
Defense Authorization Act for Fiscal Year 2012 (H.R. 1540).

                            Committee Action

    H.R. 1670, the Sikes Act Amendments Act of 2011, was 
introduced on May 2, 2011, by Delegate Madeleine Bordallo (D-
GU). The bill was referred primarily to the Committee on 
Natural Resources and additionally to the Committee on Armed 
Services. Within the Resources Committee, the bill was referred 
to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular 
Affairs. The subcommittee held a hearing on the bill on May 12, 
2011. On May 25, 2011, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee on Fisheries, Wildlife, 
Oceans, and Insular Affairs was discharged by unanimous 
consent. A technical amendment offered by Delegate Bordallo was 
approved by unanimous consent. The bill was then favorably 
reported to the House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 1670--Sikes Act Amendments Act of 2011

    H.R. 1670 would authorize the Department of Defense (DoD) 
to develop and implement integrated natural resources 
management plans (INRMPs) for state-owned National Guard 
installations. Such plans currently guide efforts to protect 
endangered species, manage forests and rangeland, control 
invasive species, operate recreational hunting and fishing 
programs, and direct other environmental management programs at 
federally owned facilities. The bill would permit federal 
appropriations to be used at state-owned sites, and also would 
allow National Guard installations to use those plans to 
protect endangered species, in lieu of having such sites 
designated as critical habitat by the U.S. Fish and Wildlife 
Service.
    DoD spends almost $200 million annually to develop and 
implement INRMPs for 29 million acres of federally owned or 
controlled land on military installations. Based on information 
from DoD, CBO estimates that an additional 450,000 acres of 
state-owned land at National Guard bases would become eligible 
to receive funding for INRMPs under H.R. 1670. Based on the 
department's current spending for INRMPs for federal land, CBO 
estimates that developing and implementing those plans would 
increase spending by about $9 million over the 2012-2016 
period, assuming the availability of appropriated funds. 
Enacting the bill would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    The estimated budgetary impact of H.R. 1670 is shown in the 
following table. The costs of this legislation fall within 
budget function 050 (national defense).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2012     2013     2014     2015     2016   2012-2016
----------------------------------------------------------------------------------------------------------------
Estimated Authorization Level...........................        2        2        2        2        2        10
Estimated Outlays.......................................        1        2        2        2        2         9
----------------------------------------------------------------------------------------------------------------

    H.R. 1670 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is David Newman. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new credit 
authority, or an increase or decrease in revenues or tax 
expenditures. CBO estimates that developing and implementing 
the bill would increase spending by about $9 million over the 
2012-2016 period, assuming the availability of appropriated 
funds. Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to amend the 
Sikes Act to improve the application of that Act to State-owned 
facilities used for the national defense.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                               SIKES ACT




           *       *       *       *       *       *       *
        TITLE I--CONSERVATION PROGRAMS ON MILITARY INSTALLATIONS


SEC. 100. DEFINITIONS.

  In this title:
          (1) * * *
          (2) State.--The term ``State'' means any of the 
        several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, the Commonwealth of 
        the Northern Mariana Islands, American Samoa, and the 
        Virgin Islands.
          (3) State-owned national guard installation.--The 
        term ``State-owned National Guard installation'' means 
        land owned and operated by a State when such land is 
        used for training the National Guard pursuant to 
        chapter 5 of title 32, United States Code, with funds 
        provided by the Secretary of Defense or the Secretary 
        of a military department, even though such land is not 
        under the jurisdiction of the Department of Defense.
          [(2)] (4)   State fish and wildlife agency.--The term 
        ``State fish and wildlife agency'' means the one or 
        more agencies of State government that are responsible 
        under State law for managing fish or wildlife 
        resources.
          [(3)] (5)   United states.--The term ``United 
        States'' means the States, the District of Columbia, 
        and the territories and possessions of the United 
        States.
  [Sec. 101.]

SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.

  (a) Authority of Secretary of Defense.--
          (1) Program.--
                  (A) * * *
                  (B) Integrated natural resources management 
                plan.--(i) To facilitate the program, the 
                Secretary of each military department shall 
                prepare and implement an integrated natural 
                resources management plan for each military 
                installation in the United States under the 
                jurisdiction of the Secretary, unless the 
                Secretary determines that the absence of 
                significant natural resources on a particular 
                installation makes preparation of such a plan 
                inappropriate.
                  (ii) The Secretary of a military department 
                may, subject to the availability of 
                appropriations, develop and implement an 
                integrated natural resources management plan 
                for a State-owned National Guard installation. 
                Such a plan shall be developed and implemented 
                in coordination with the chief executive 
                officer of the State in which the State-owned 
                National Guard installation is located. Such a 
                plan is deemed, for purposes of any other 
                provision of law, to be for lands or other 
                geographical areas owned or controlled by the 
                Department of Defense, or designated for its 
                use.
          (2) Cooperative preparation.--The Secretary of a 
        military department shall prepare each integrated 
        natural resources management plan for which the 
        Secretary is responsible in cooperation with the 
        Secretary of the Interior, acting through the Director 
        of the United States Fish and Wildlife Service, and the 
        head of each appropriate State fish and wildlife agency 
        for the State in which the military installation or 
        State-owned National Guard installation concerned is 
        located. Consistent with paragraph (4), the resulting 
        plan for the military installation or State-owned 
        National Guard installation shall reflect the mutual 
        agreement of the parties concerning conservation, 
        protection, and management of fish and wildlife 
        resources.
          (3) Purposes of program.--(A) Consistent with the use 
        of military installations and State-owned National 
        Guard installations to ensure the preparedness of the 
        Armed Forces, the Secretaries of the military 
        departments shall carry out the program required by 
        this subsection to provide for--
                  [(A)] (i) the conservation and rehabilitation 
                of natural resources on [military] such 
                installations;
                  [(B)] (ii)   the sustainable multipurpose use 
                of the resources on such installations, which 
                shall include hunting, fishing, trapping, and 
                nonconsumptive uses; and
                  [(C)] (iii)   subject to safety requirements 
                and military security, public access to 
                military installations to facilitate the use.
          (B) In the case of a State-owned National Guard 
        installation, such program shall be carried out in 
        coordination with the chief executive officer of the 
        State in which the installation is located.

           *       *       *       *       *       *       *

  (b) Required Elements of Plans.--Consistent with the use of 
military installations and State-owned National Guard 
installations to ensure the preparedness of the Armed Forces, 
each integrated natural resources management plan prepared 
under subsection (a)--
          (1) shall, to the extent appropriate and applicable, 
        provide for--
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) public access to the [military 
                installation] installation that is necessary or 
                appropriate for the use described in 
                subparagraph (F), subject to requirements 
                necessary to ensure safety and military 
                security;

           *       *       *       *       *       *       *

                  (I) no net loss in the capability of 
                [military installation] installation lands to 
                support the military mission of the 
                installation; and

           *       *       *       *       *       *       *

          (3) may, in the case of a military installation, 
        stipulate the issuance of special State hunting and 
        fishing permits to individuals and require payment of 
        nominal fees therefor, which fees shall be utilized for 
        the protection, conservation, and management of fish 
        and wildlife, including habitat improvement and related 
        activities in accordance with the integrated natural 
        resources management plan; except that--
                  (A) * * *

           *       *       *       *       *       *       *

  (c)   Prohibitions on Sale and Lease of Lands Unless Effects 
Compatible With Plan.--After an integrated natural resources 
management plan is agreed to under subsection (a)--
          (1)   * * *

           *       *       *       *       *       *       *

  (d)   Implementation and Enforcement of Integrated Natural 
Resources Management Plans.--With regard to the implementation 
and enforcement of integrated natural resources management 
plans agreed to under subsection (a)--
          (1)   * * *

           *       *       *       *       *       *       *

  (e) Applicability of Other Laws.--Integrated natural 
resources management plans agreed to under the authority of 
this section and section 102 shall not be deemed to be, nor 
treated as, cooperative agreements to which chapter 63 of title 
31, United States Code, applies.
  [Sec. 102.]

SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.

  (a) Integrated Natural Resources Management Plan.-- The 
Secretary of Defense in cooperation with the Secretary of 
Interior and the appropriate State agency is authorized to 
carry out a program for the conservation, restoration and 
management of migratory game birds on military installations, 
including the issuance of special hunting permits and the 
collection of fees therefor, in accordance with an integrated 
natural resources management plan mutually agreed upon by the 
Secretary of Defense, the Secretary of the Interior and the 
appropriate State [agency: Provided, That possession] agency.
  (b)  Applicability of Other Laws.--Possession of a special 
permit for hunting migratory game birds issued pursuant to this 
title shall not relieve the permittee of the requirements of 
the Migratory Bird Hunting Stamp Act as amended nor of the 
requirements pertaining to State law set forth in Public Law 
85-337.

           *       *       *       *       *       *       *

  [Sec.  103a.]

SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT 
                    ON INSTALLATIONS.

  (a)  Authority of Secretary of Military Department.--The 
Secretary of a military department may enter into cooperative 
agreements with States, local governments, nongovernmental 
organizations, and individuals, and into interagency agreements 
with the heads of other Federal departments and agencies, to 
provide for the following:
          (1) The maintenance and improvement of natural 
        resources on, or to benefit natural and historic 
        research on, [Department of Defense installations] 
        military installations and State-owned National Guard 
        installations.
          (2) The maintenance and improvement of natural 
        resources located off of a [Department of Defense 
        installation] military installation or State-owned 
        National Guard installation if the purpose of the 
        cooperative agreement or interagency agreement is to 
        relieve or eliminate current or anticipated challenges 
        that could restrict, impede, or otherwise interfere 
        with, whether directly or indirectly, current or 
        anticipated military activities.

           *       *       *       *       *       *       *

  (c)  Availability of Funds; Agreements Under Other Laws.--
Cooperative agreements and interagency agreements entered into 
under this section shall be subject to the availability of 
funds and shall not be considered, nor be treated as, 
cooperative agreements to which chapter 63 of title 31, United 
States Code, applies.
  [Sec.  104.]

SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.

  The Department of Defense is held free from any liability to 
pay into the Treasury of the United States upon the operation 
of the program or programs authorized by this title any funds 
which may have been or may hereafter be collected, received or 
expended pursuant to, and for the purposes of, this title, and 
which collections, receipts and expenditures have been properly 
accounted for to the Comptroller General of the United States.
  [Sec.  105.]

SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.

  Nothing herein contained shall be construed to modify, amend 
or repeal any provision of Public Law 85-337, nor as applying 
to national forest lands administered pursuant to the 
provisions of section 9 of the Act of June 7, 1924 (43 Stat. 
655), nor section 15 of the Taylor Grazing Act.

           *       *       *       *       *       *       *

  [Sec.  108.]

SEC. 108. APPROPRIATIONS AND EXPENDITURES.

  (a) Expenditures of Collected Funds Under Integrated Natural 
Resources Management Plans.--The Secretary of Defense shall 
expend such funds as may be collected in accordance with the 
integrated natural resources management plans agreed to under 
sections 101 and 102 and cooperative agreements agreed to under 
section 103a of this title, and for no other purpose. All funds 
that are so collected shall remain available until expended.
  (b)  Authorization of Appropriations to Secretary of 
Defense.--Of the amounts authorized to be appropriated to the 
Department of Defense, there are authorized to be appropriated 
to the Secretary of Defense not to exceed $1,500,000 for each 
of the fiscal years 2009 through 2014, to carry out this title, 
including the enhancement of fish and wildlife habitat and the 
development of public recreation and other facilities, and to 
carry out such functions and responsibilities as the Secretary 
may have under cooperative agreements entered into under 
section 103a. The Secretary of Defense shall, to the greatest 
extent practicable, enter into agreements to utilize the 
services, personnel, equipment, and facilities, with or without 
reimbursement, of the Secretary of the Interior in carrying out 
the provisions of this section.
  (c)  Authorization of Appropriations to Secretary of the 
Interior.--Of the amounts authorized to be appropriated to the 
Department of the Interior, there are authorized to be 
appropriated to the Secretary of the Interior not to exceed 
$3,000,000 for each of the fiscal years 2009 through 2014, to 
carry out such functions and responsibilities as the Secretary 
may have under integrated natural resources management plans to 
which such Secretary is a party under this section, including 
those for the enhancement of fish and wildlife habitat and the 
development of public recreation and other facilities.
  (d) Use of Other Conservation or Rehabilitation 
Authorities.--The Secretary of Defense and the Secretary of the 
Interior may each use any authority available to him under 
other laws relating to fish, wildlife, or plant conservation or 
rehabilitation for purposes of carrying out the provisions of 
this title.

         TITLE II--CONSERVATION PROGRAMS ON CERTAIN PUBLIC LAND

  [Sec.  201.]

SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION 
                    PROGRAMS.

  (a) Programs Required.--The Secretary of the Interior and the 
Secretary of Agriculture shall each, in cooperation with the 
State agencies and in accordance with comprehensive plans 
developed pursuant to section 202 of this title, plan, develop, 
maintain, and coordinate programs for the conservation and 
rehabilitation of wildlife, fish, and game. Such conservation 
and rehabilitation programs shall include, but not be limited 
to, specific habitat improvement projects and related 
activities and adequate protection for species of fish, 
wildlife, and plants considered threatened or endangered.
  (b) Implementation of Programs.--The Secretary of the 
Interior shall implement the conservation and rehabilitation 
programs required under subsection (a) of this section on 
public land under his jurisdiction. The Secretary of the 
Interior shall adopt, modify, and implement the conservation 
and rehabilitation programs required under such subsection (a) 
on public land under the jurisdiction of the Chairman, but only 
with the prior written approval of the Atomic Energy 
Commission, and on public land under the jurisdiction of the 
Administrator, but only with the prior written approval of the 
Administrator. The Secretary of Agriculture shall implement 
such conservation and rehabilitation programs on public land 
under his jurisdiction.
  [Sec.  202.]

SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION 
                    PROGRAMS.

  (a) Development of Plans.--(1) The Secretary of the Interior 
shall develop, in consultation with the State agencies, a 
comprehensive plan for conservation and rehabilitation programs 
to be implemented on public land under his jurisdiction and the 
Secretary of Agriculture shall do the same in connection with 
public land under his jurisdiction.

           *       *       *       *       *       *       *

  (b) Consistency With Overall Land Use and Management Plans; 
Hunting, Trapping, and Fishing.--Each comprehensive plan 
developed pursuant to this section shall be consistent with any 
overall land use and management plans for the lands involved. 
In any case in which hunting, trapping, or fishing (or any 
combination thereof) of resident fish and wildlife is to be 
permitted on public land under a comprehensive plan, such 
hunting, trapping, and fishing shall be conducted in accordance 
with applicable laws and regulations of the State in which such 
land is located.
  (c) Cooperative Agreements by State Agencies for 
Implementation of Programs.--(1) * * *

           *       *       *       *       *       *       *

  (d) State Agency Agreements Not Cooperative Agreements Under 
Other Provisions.--Agreements entered into by State agencies 
under the authority of this section shall not be deemed to be, 
or treated as, cooperative agreements to which the Federal 
Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et 
seq.) applies.
  [Sec.  203.]

SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, TRAPPING, AND 
                    FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS.

  (a) Agreements To Require Stamps.--Any State agency may agree 
with the Secretary of the Interior and the Secretary of 
Agriculture (or with the Secretary of the Interior or the 
Secretary of Agriculture, as the case may be, if within the 
State concerned all conservation and rehabilitation programs 
under this title will be implemented by him) that no individual 
will be permitted to hunt, trap, or fish on any public land 
within the State which is subject to a conservation and 
rehabilitation program implemented under this title unless at 
the time such individual is engaged in such activity he has on 
his person a valid public land management area stamp issued 
pursuant to this section.
  (b) Conditions for Agreements.--Any agreement made pursuant 
to subsection (a) of this section to require the issuance of 
public land management area stamps shall be subject to the 
following conditions:
          (1) * * *

           *       *       *       *       *       *       *

          (3) Except for expenses incurred in the printing, 
        issuing, or selling of such stamps, the fees collected 
        for such stamps by the State agency shall be utilized 
        in carrying out conservation and rehabilitation 
        programs implemented under this title in the State 
        concerned. Such fees may be used by the State agency to 
        acquire lands or interests therein from willing sellers 
        or donors to provide public access to program lands 
        that have no existing public access for enhancement of 
        outdoor recreation and wildlife conservation: Provided, 
        That the Secretary of Agriculture and the Secretary of 
        the Interior maintain such access, or ensure that 
        maintenance is provided for such access, through or to 
        lands within their respective jurisdiction.

           *       *       *       *       *       *       *

  [Sec.  204.]

SEC. 204. ENFORCEMENT PROVISIONS.

  (a)  Violations and Penalties.--(1) * * *

           *       *       *       *       *       *       *

  (b) Enforcement Powers and Proceedings.--(1) * * *
  (2) Upon the sworn information by a competent person, any 
United States [magistrate] magistrate judge or court of 
competent jurisdiction may issue process for the arrest of any 
person charged with committing any offense under subsection (a) 
of this section.
  (3) Any person charged with committing any offense under 
subsection (a) of this section may be tried and sentenced by 
any United States [magistrate] magistrate judge designated for 
that purpose by the court by which he was appointed, in the 
same manner and subject to the same conditions as provided for 
in section 3401 of title 18, United States Code.
  (c) Seizure and Forfeiture.--All guns, traps, nets, and other 
equipment, vessels, vehicles, and other means of transportation 
used by any person when engaged in committing an offense under 
subsection (a) of this section shall be subject to forfeiture 
to the United States and may be seized and held pending the 
prosecution of any person arrested for committing such offense. 
Upon conviction for such offense, such forfeiture may be 
adjudicated as a penalty in addition to any other provided for 
committing such offense.
  (d) Applicability of Customs Laws.--All provisions of law 
relating to the seizure, forfeiture, and condemnation of a 
vessel for violation of the customs laws, the disposition of 
such vessel or the proceeds from the sale thereof, and the 
remission or mitigation of such forfeitures, shall apply to the 
seizures and forfeitures incurred, or alleged to have been 
incurred, under the provisions of this section, insofar as such 
provisions of law are applicable and not inconsistent with the 
provisions of this section; except that all powers, rights, and 
duties conferred or imposed by the customs laws upon any 
officer or employee of the Department of the Treasury shall, 
for the purposes of this section, be exercised or performed by 
the Secretary of the Interior or the Secretary of Agriculture, 
as the case may be, or by such persons as he may designate.
  [Sec.  205.]

SEC. 205. DEFINITIONS.

  As used in this title--
          (1) * * *

           *       *       *       *       *       *       *

  [Sec. 206.]

SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND 
                    BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED FEES.

  Notwithstanding any other provision in this title, section 
203 of this title shall not apply to land which is, or 
hereafter may be, within or designated as Forest Service land 
or as Bureau of Land Management land of any State in which all 
Federal lands therein comprise 60 percent or more of the total 
area of such State; except that in any such State, any 
appropriate State agency may agree with the Secretary of 
Agriculture or the Secretary of the Interior, or both, as the 
case may be, to collect a fee as specified in such agreement at 
the point of sale of regular licenses to hunt, trap, or fish in 
such State, the proceeds of which shall be utilized in carrying 
out conservation and rehabilitation programs implemented under 
this title in the State concerned and for no other purpose.

           *       *       *       *       *       *       *

  [Sec.  207.]

SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING 
                    INDIAN RIGHTS.

  Nothing in this title shall enlarge or diminish or in any way 
affect (1) the rights of Indians or Indian tribes to the use of 
water or natural resources or their rights to fish, trap, or 
hunt wildlife as secured by statute, agreement, treaty, 
Executive order, or court decree; or (2) existing State or 
Federal jurisdiction to regulate those rights either on or off 
reservations.

           *       *       *       *       *       *       *

  [Sec. 208. Nothing in this Act shall in any way affect the 
jurisdiction, authority, duties, or activities of the Joint 
Federal-State Land Use Planning Commission established pursuant 
to section 17 of the Alaska Native Claims Settlement Act (85 
Stat. 688). During the development of any cooperative plan for 
Alaska which may be agreed to under title I after the effective 
date of this section and of any comprehensive program for 
Alaska under title II, such Commission shall be given an 
opportunity to submit its comments on such plan or program.]
  [Sec. 209.]

SEC. 208. AUTHORIZATION OF APPROPRIATIONS.

  (a)  Functions and Responsibilities of Secretary of the 
Interior.--There are authorized to be appropriated $4,000,000 
for each of fiscal years 1998 through 2003, to enable the 
Secretary of the Interior to carry out his functions and 
responsibilities under this title, including data collection, 
research, planning, and conservation and rehabilitation 
programs on public lands. Such funds shall be in addition to 
those authorized for wildlife, range, soil, and water 
management pursuant to section 318 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1748), or other 
provisions of law.
  (b)  Functions and Responsibilities of Secretary of 
Agriculture.--There are authorized to be appropriated 
$5,000,000 for each of fiscal years 1998 through 2003, to 
enable the Secretary of Agriculture to carry out his functions 
and responsibilities under this title. Such funds shall be in 
addition to those provided under other provisions of law. In 
requesting funds under this subsection the Secretary shall take 
into account fish and wildlife program needs, including those 
for projects, identified in the State comprehensive plans as 
contained in the program developed pursuant to the Forest and 
Rangeland Renewable Resources Planning Act of 1974, as amended 
(16 U.S.C. 1601-1610).
  (c) Use of Other Conservation or Rehabilitation 
Authorities.--The Secretary of the Interior and the Secretary 
of Agriculture may each use any authority available to him 
under other laws relating to fish, wildlife, or plant 
conservation or rehabilitation for purposes of carrying out the 
provisions of this title.
  (d) Contract Authority.--The Secretary of the Interior and 
the Secretary of Agriculture may each make purchases and 
contracts for property and services from, or provide assistance 
to, the State agencies concerned, if such property, services or 
assistance is required to implement those projects and programs 
carried out on, or of benefit to, Federal lands and identified 
in the comprehensive plans or cooperative agreements developed 
under section 202, without regard to title III (other than 
section 304) of the Federal Property and Administrative 
Services Act of 1949 (41 U.S.C. 251-260). Contract authority 
provided in this section is effective only to such extent or in 
such amounts as are provided in appropriation Acts.

           *       *       *       *       *       *       *


                                  
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