IIA

103D CONGRESS

2D SESSION H. R. 3300

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 13 (legislative day, SEPTEMBER 12), 1994

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

Public Works

AN ACT

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

to enhance fish and wildlife conservation and natural

resources management programs on military installations.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Natural Resource

5 Management on Military Lands Act of 1994’’.
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1 SEC. 2. AMENDMENT OF SIKES ACT.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a

6 section or other provision of title I of the Act entitled ‘‘An

7 Act to promote effectual planning, development, mainte8 nance, and coordination of wildlife, fish, and game con9 servation and rehabilitation in military reservations’’, ap10 proved September 15, 1960 (16 U.S.C. 670a et seq.), com11 monly referred to, and in this Act referred to, as the

12 ‘‘Sikes Act’’.

13 SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT

14 PLANS FOR MILITARY INSTALLATIONS, GEN15 ERALLY.

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

17 670a(a)) is amended—

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

19 ‘‘shall’’;

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

21 accordance with a cooperative plan’’ and inserting

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

23 program, the Secretary shall prepare and implement

24 for each military installation in the United States an

25 integrated natural resource management plan’’; and
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1 (3) by inserting after ‘‘reservation is located’’

2 the following: ‘‘, except that the Secretary is not re3 quired to prepare such a plan for a military installa4 tion if the Secretary determines that preparation of

5 such a plan for the installation is not appropriate’’.

6 (b) CONFORMING AMENDMENTS.—Title I, as amend7 ed by subsection (a) of this section, is further amended—

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

9 the matter preceding paragraph (1) by striking ‘‘co10 operative plan’’ and inserting ‘‘integrated natural re11 source management plan’’;

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

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

14 and inserting ‘‘integrated natural resource manage15 ment plan’’;

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

17 matter preceding paragraph (1) by striking ‘‘a coop18 erative plan’’ and inserting ‘‘an integrated natural

19 resource management plan’’;

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

21 the matter preceding paragraph (1) by striking ‘‘co22 operative plans’’ and inserting ‘‘integrated natural

23 resource management plans’’;
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1 (5) in section 101(e) (16 U.S.C. 670a(e)) by

2 striking ‘‘Cooperative plans’’ and inserting ‘‘Inte3 grated natural resource management plans’’;

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

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

6 natural resource management plan’’;

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

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

9 natural resource management plan’’;

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

11 striking ‘‘cooperative plans’’ and inserting ‘‘inte12 grated natural resource management plans’’; and

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

14 striking ‘‘cooperative plans’’ and inserting ‘‘inte15 grated natural resource management plans’’.

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

17 U.S.C. 670a(b)) is amended—

18 (1) in paragraph (1)—

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

20 after the semicolon;

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

22 semicolon at the end and inserting a comma;

23 and

24 (C) by adding at the end the following:
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1 ‘‘(E) wetland protection and restoration,

2 and wetland creation where necessary, for sup3 port of fish or wildlife,

4 ‘‘(F) consideration of conservation needs

5 for all biological communities, and

6 ‘‘(G) the establishment of specific natural

7 resource management goals, objectives, and

8 time-frames for proposed actions;’’;

9 (2) by striking paragraph (3);

10 (3) by redesignating paragraph (2) as para11 graph (3);

12 (4) by inserting after paragraph (1) the follow13 ing:

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

15 it is prepared—

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

17 management, land management, forest manage18 ment, and wildlife-oriented recreation;

19 ‘‘(B) ensure the integration of, and con20 sistency among, the various activities conducted

21 under the plan;

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

23 capability of installation lands to support the

24 military mission of the installation;
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1 ‘‘(D) provide for sustained use by the pub2 lic of natural resources, to the extent that such

3 use is not inconsistent with the military mission

4 of the installation or the needs of fish and wild5 life management;

6 ‘‘(E) provide the public access to the in7 stallation that is necessary or appropriate for

8 that use, to the extent that access is not incon9 sistent with the military mission of the installa10 tion; and

11 ‘‘(F) provide for professional enforcement

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

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

14 fees therfor,’’ and inserting ‘‘collect, spend, admin15 ister, and account for fees therefor,’’.

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

17 670a) is amended by adding at the end the following:

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

19 shall provide an opportunity for public comment on each

20 integrated natural resource management plan prepared

21 under subsection (a).’’.

22 SEC. 4. REVIEW OF MILITARY INSTALLATIONS FOR PREPA23 RATION OF INTEGRATED NATURAL RE24 SOURCE MANAGEMENT PLANS.

25 (a) REVIEW OF MILITARY INSTALLATIONS.—
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1 (1) REVIEW.—The Secretary of each military

2 department shall, by not later than 9 months after

3 the date of the enactment of this Act—

4 (A) review each military installation in the

5 United States that is under the jurisdiction of

6 that Secretary to determine the military instal7 lations for which the preparation of an inte8 grated natural resource management plan

9 under section 101 of the Sikes Act, as amended

10 by this Act, is appropriate; and

11 (B) submit to the Secretary of Defense a

12 report on those determinations.

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

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

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

16 Congress a report on the reviews conducted under

17 paragraph (1). The report shall include—

18 (A) a list of those military installations re19 viewed under paragraph (1) for which the Sec20 retary of Defense determines the preparation of

21 an integrated natural resource management

22 plan is not appropriate; and

23 (B) for each of the military installations

24 listed under subparagraph (A), an explanation

25 of the reasons such a plan is not appropriate.
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1 (b) DEADLINE FOR INTEGRATED NATURAL RE2 SOURCE MANAGEMENT PLANS.—Not later than 2 years

3 after the date of the submission of the report required

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

5 for each military installation for which the Secretary has

6 not determined under subsection (a)(2)(A) that prepara7 tion of an integrated natural resource management plan

8 is not appropriate—

9 (1) prepare and begin implementing such a plan

10 mutually agreed to by the Secretary of the Interior

11 and the head of the appropriate State agencies

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

13 by this Act; or

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

15 which there is in effect a cooperative plan under sec16 tion 101(a) of the Sikes Act on the day before the

17 date of the enactment of this Act, complete negotia18 tions with the Secretary of the Interior and the

19 heads of the appropriate State agencies regarding

20 changes to that plan that are necessary for the plan

21 to constitute an integrated natural resource plan

22 that complies with that section, as amended by this

23 Act.
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1 (c) PUBLIC COMMENT.—The Secretary of Defense

2 shall provide an opportunity for the submission of public

3 comments on—

4 (1) integrated natural resource management

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

6 (2) changes to cooperative plans proposed pur7 suant to subsection (b)(2).

8 SEC. 5. ANNUAL REVIEWS AND REPORTS.

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

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

11 this Act) the following:

12 ‘‘(g) REVIEWS AND REPORTS.—

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

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

15 year, review the extent to which integrated natural

16 resource management plans were prepared or in ef17 fect and implemented in accordance with this Act in

18 the preceding year, and submit a report on the find19 ings of that review to the committees. Each report

20 shall include—

21 ‘‘(A) the number of integrated natural re22 source management plans in effect in the year

23 covered by the report, including the date on

24 which each plan was issued in final form or

25 most recently revised;
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1 ‘‘(B) the amount of moneys expended on

2 conservation activities conducted pursuant to

3 those plans in the year covered by the report,

4 including amounts expended under the Legacy

5 Resource Management Program established

6 under section 8120 of the Act of November 5,

7 1990 (Public Law 101–511; 104 Stat. 1905);

8 and

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

10 the plans comply with the requirements of sub11 section (b) (1) and (2), including specifically

12 the extent to which the plans ensure in accord13 ance with subsection (b)(2)(C) that there is no

14 net loss of lands to support the military mis15 sions of military installations.

16 ‘‘(2) SECRETARY OF THE INTERIOR.—The Sec17 retary of the Interior, by not later than March 1 of

18 each year and in consultation with State agencies re19 sponsible for conservation or management of fish or

20 wildlife, shall submit a report to the committees on

21 the amount of moneys expended by the Department

22 of the Interior and those State agencies in the year

23 covered by the report on conservation activities con24 ducted pursuant to integrated natural resource man25 agement plans.
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1 ‘‘(3) COMMITTEES DEFINED.—For purposes of

2 this subsection, the term ‘committees’ means the

3 Committees on Merchant Marine and Fisheries and

4 Armed Services of the House of Representatives and

5 the Committees on Armed Services and Environment

6 and Public Works of the Senate.’’.

7 SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED NATU8 RAL RESOURCE MANAGEMENT PLANS; EN9 FORCEMENT OF OTHER LAWS.

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

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

12 and

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

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

15 ‘‘All Federal laws relating to the conservation of nat16 ural resources on Federal lands may be enforced by the

17 Secretary of Defense with respect to violations of those

18 laws which occur on military installations within the

19 United States.’’.

20 SEC. 7. NATURAL RESOURCE MANAGEMENT SERVICES.

21 Title I (16 U.S.C. 670a et seq.) is amended by insert22 ing after section 106 (as added by section 6 of this Act)

23 the following:
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1 ‘‘SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.

2 ‘‘The Secretary of each military department shall en3 sure that sufficient numbers of professionally trained nat4 ural resource management personnel and natural resource

5 law enforcement personnel are available and assigned re6 sponsibility to perform tasks necessary to comply with this

7 Act, including the preparation and implementation of inte8 grated natural resource management plans.’’.

9 SEC. 8. DEFINITIONS.

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

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

12 this Act) the following:

13 ‘‘SEC. 108. DEFINITIONS.

14 ‘‘In this title:

15 ‘‘(1) MILITARY DEPARTMENT.—The term ‘mili16 tary department’ means the Department of the

17 Army, the Department of the Navy, and the Depart18 ment of the Air Force.

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

20 ‘military installation’—

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

22 owned by the United States and administered

23 by the Secretary of Defense or the head of a

24 military department; and

25 ‘‘(B) includes all public lands withdrawn

26 from all forms of appropriation under public
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1 land laws and reserved for use by the Secretary

2 of Defense or the head of a military depart3 ment.

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

5 term ‘State fish and wildlife agency’ means an agen6 cy of State government that is responsible under

7 State law for managing fish or wildlife resources.

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

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

10 the Commonwealth of Puerto Rico, and the terri11 tories and possessions of the United States.’’.

12 SEC. 9. SHORT TITLE.

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

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

15 this Act) the following:

16 ‘‘SEC. 109. SHORT TITLE.

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

18 SEC. 10. COOPERATIVE AGREEMENTS.

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

20 670c–1(b)) is amended by striking ‘‘matching basis’’ each

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

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

23 670c–1(c)) is amended by inserting before the period at

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

25 1535 of that title’’.
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1 SEC. 11. REPEAL.

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

3 99–651; 16 U.S.C. 670a–1) is repealed.

4 SEC. 12. CLERICAL AMENDMENTS.

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

6 (1) in the heading for the title by striking

7 ‘‘MILITARY RESERVATIONS’’ and inserting ‘‘MILI8 TARY INSTALLATIONS’’;

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

10 striking ‘‘the reservation’’ and inserting ‘‘the instal11 lation’’;

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

13 670a(b)(4))—

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

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

16 and

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

18 military reservation’’ and inserting ‘‘the mili19 tary installation’’;

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

21 (A) in paragraph (1) by striking ‘‘a mili22 tary reservation’’ and inserting ‘‘a military in23 stallation’’; and

24 (B) in paragraph (2) by striking ‘‘the res25 ervation’’ and inserting ‘‘the installation’’;
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1 (5) in section 102 (16 U.S.C. 670b) by striking

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

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

5 ‘‘military reservations’’ and inserting ‘‘military in6 stallations’’.

7 SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.

8 (a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub9 sections (b) and (c) of section 110 (as redesignated by

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

11 ‘‘1983’’ and all that follows through ‘‘1993,’’ and inserting

12 ‘‘1994, 1995, 1996, and 1997,’’.

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

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

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

16 through ‘‘1993,’’ and inserting ‘‘1994, 1995, 1996, and

17 1997,’’.

Passed the House of Representatives September 12,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.