I

103D CONGRESS

1ST SESSION H. R. 3300

To amend the Act popularly known as the ‘‘Sikes Act’’ to enhance fish

and wildlife conservation and natural resources management programs

on military installations.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 19, 1993

Mr. STUDDS (for himself and Mr. YOUNG of Alaska) introduced the following

bill; which was referred to the Committee on Merchant Marine and Fisheries

A BILL

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 1993’’.

6 SEC. 2. AMENDMENT OF SIKES ACT.

7 Except as otherwise expressly provided, whenever in

8 this Act an amendment or repeal is expressed in terms
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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a

3 section or other provision of title I of the Act of September

4 15, 1960 (16 U.S.C. 670a et seq.), commonly referred to,

5 and hereinafter in this Act referred to, as the ‘‘Sikes Act’’.

6 SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT

7 PLANS FOR MILITARY INSTALLATIONS, GEN8 ERALLY.

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

10 670a(a)) is amended—

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

12 ‘‘shall’’;

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

14 accordance with a cooperative plan’’ and inserting

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

16 program, the Secretary shall prepare and implement

17 for each military installation in the United States an

18 integrated natural resources management plan’’; and

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

20 the following: ‘‘, except that the Secretary is not re21 quired to prepare such a plan for a military installa22 tion if the Secretary determines that preparation of

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

24 (b) CONFORMING AMENDMENTS.—Title I (16 U.S.C.

25 670a et seq.) is amended—
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1 (1) by striking ‘‘cooperative plan’’ each place it

2 appears and inserting ‘‘integrated natural resource

3 management plan’’;

4 (2) by striking ‘‘cooperative plans’’ each place it

5 appears and inserting ‘‘integrated natural resource

6 management plans’’; and

7 (3) by striking ‘‘Cooperative plans’’ each place

8 it appears and inserting ‘‘Integrated natural re9 source management plans’’.

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

11 U.S.C. 670a(b)) is amended—

12 (1) in paragraph (1)—

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

14 after the semicolon;

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

16 semicolon at the end and inserting a comma;

17 and

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

19 ‘‘(E) wetland protection and restoration,

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

22 ‘‘(F) consideration of conservation needs

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

2 resource management goals, objectives, and

3 time-frames for proposed actions;’’;

4 (2) by striking paragraph (3);

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

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

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

10 it is prepared—

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

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

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

16 under the plan;

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

18 capability of installation lands to support the

19 military mission of the installation, unless such

20 loss is required to comply with environmental

21 laws or to improve the management of natural

22 and cultural resources;

23 ‘‘(D) provide for sustained use by the pub24 lic of natural resources, to the extent that such

25 use is not inconsistent with the military mission
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1 of the installation or the needs of fish and wild2 life management;

3 ‘‘(E) provide the public access to the in4 stallation that is necessary or appropriate for

5 that use, to the extent that access is not incon6 sistent with the military mission of the installa7 tion; and

8 ‘‘(F) provide for professional enforcement

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

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

11 fees therfor,’’ and inserting ‘‘collect, spend, admin12 ister, and account for fees therfor.’’.

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

14 670a) is amended by adding at the end the following:

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

16 shall provide an opportunity for public comment on each

17 integrated natural resource management plan prepared

18 under subsection (a).’’.

19 (e) REVIEWS AND REPORTS.—Section 101 (16

20 U.S.C. 670a) is further amended by adding after sub21 section (f) (as added by subsection (d) of this section) the

22 following:

23 ‘‘(g) REVIEWS AND REPORTS.—The Secretary of De24 fense shall annually—
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1 ‘‘(1) review the implementation status of each

2 integrated natural resource management plan in ef3 fect under this section; and

4 ‘‘(2) submit a report to the Congress on—

5 ‘‘(A) whether integrated natural resource

6 management plans are being prepared in ac7 cordance with this Act;

8 ‘‘(B) the degree to which integrated natu9 ral resource management plans are being imple10 mented in accordance with this Act; and

11 ‘‘(C) the status of integrated natural re12 source management plans in meeting the goals

13 and objectives the plans provide for under sub14 section (b)(1)(G).’’.

15 SEC. 4. REVIEW OF MILITARY INSTALLATIONS FOR PREPA16 RATION OF INTEGRATED NATURAL RE17 SOURCE MANAGEMENT PLANS.

18 (a) REVIEW OF MILITARY INSTALLATIONS.—

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

20 department shall, by not later than 9 months after

21 the date of the enactment of this Act—

22 (A) review each military installation in the

23 United States that is under the jurisdiction of

24 that Secretary to determine the military instal25 lations for which the preparation of an inte-
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1 grated natural resource management plan

2 under section 101 of the Sikes Act, as amended

3 by this Act, is appropriate; and

4 (B) submit to the Secretary of Defense a

5 report on those determinations.

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

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

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

9 Congress a report on the reviews conducted under

10 paragraph (1). The report shall include—

11 (A) a list of those military installations re12 viewed under paragraph (1) for which the Sec13 retary of Defense determines the preparation of

14 an integrated natural resources management

15 plan is not appropriate; and

16 (B) for each of the military installations

17 listed under subparagraph (A), an explanation

18 of the reasons such a plan is not appropriate.

19 (b) DEADLINE FOR INTEGRATED NATURAL RE20 SOURCE MANAGEMENT PLANS.—Not later than 2 years

21 after the date of the submission of the report required

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

23 for each military installation for which the Secretary has

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

2 is not appropriate—

3 (1) prepare and begin implementing such a plan

4 mutually agreed to by the Secretary of the Interior

5 and the head of the appropriate State agencies

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

7 by this Act; or

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

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

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

13 heads of the appropriate State agencies regarding

14 changes to that plan that are necessary for the plan

15 to constitute an integrated natural resource plan

16 that complies with that section, as amended by this

17 Act.

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

19 shall provide an opportunity for the submission of public

20 comments on—

21 (1) integrated natural resources plans proposed

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

23 (2) changes to cooperative plans proposed pur24 suant to subsection (b)(2).
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1 SEC. 5. FEDERAL ENFORCEMENT OF INTEGRATED NATU2 RAL RESOURCE MANAGEMENT PLANS; EN3 FORCEMENT OF OTHER LAWS.

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

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

6 and

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

8 ‘‘SEC. 106. FEDERAL ENFORCEMENT OF INTEGRATED NAT9 URAL RESOURCE MANAGEMENT PLANS; EN10 FORCEMENT OF OTHER LAWS.

11 ‘‘(a) NOTICE OF VIOLATION SYSTEM.—

12 ‘‘(1) IN GENERAL.—The Secretary of the Inte13 rior, in cooperation with relevant State fish and

14 wildlife agencies if appropriate, shall monitor the im15 plementation of integrated natural resource manage16 ment plans by the Department of Defense under this

17 Act.

18 ‘‘(2) INVESTIGATION OF ALLEGED VIOLA19 TIONS.—

20 ‘‘(A) IN GENERAL.—Upon receipt of infor21 mation from any person alleging a violation of

22 this Act, the Secretary of the Interior shall con23 duct an investigation and make a finding re24 garding the accuracy of the allegation if the

25 Secretary of the Interior has reason to believe

26 that—
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1 ‘‘(i) a military installation is in viola2 tion of any requirement under this Act; or

3 ‘‘(ii) any officer or employee of the

4 United States (including any commanding

5 officer of a military installation) who is

6 charged with the responsibility for prepar7 ing or implementing an integrated natural

8 resource management plan has failed to

9 carry out that responsibility.

10 ‘‘(B) ON-SITE INVESTIGATION.—The inves11 tigation may include an on-site inspection of the

12 military installation that is the subject of the

13 investigation.

14 ‘‘(C) COOPERATION WITH STATE AUTHORI15 TIES.—The Secretary of the Interior shall con16 duct the investigation in cooperation with the

17 relevant State fish and wildlife agencies, if ap18 propriate.

19 ‘‘(D) COMPLETION.—The Secretary of the

20 Interior shall complete the investigation within

21 30 days after receiving information that is the

22 basis for conducting the investigation.

23 ‘‘(3) REPORT AND NOTICE OF VIOLATION.—

24 ‘‘(A) REPORT.—Within 45 days after com25 pleting an investigation under paragraph (2),
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1 the Secretary of the Interior shall transmit a

2 report on the findings of the investigation to

3 the Secretary of Defense and to relevant State

4 fish and wildlife agencies. The report shall de5 scribe—

6 ‘‘(i) the nature of any violation by a

7 military installation that the Secretary of

8 the Interior finds has occurred, specifying

9 the particular actions in violation; and

10 ‘‘(ii) the nature of any failure by an

11 officer or employee of the United States to

12 carry out a responsibility that the Sec13 retary of the Interior finds has occurred,

14 specifying the particular actions taken or

15 failed to be taken that constitute the fail16 ure.

17 ‘‘(B) NOTICE OF VIOLATION.—The Sec18 retary of the Interior shall on the date of trans19 mittal of the report issue a Notice of Violation

20 to the Secretary of the military department

21 having jurisdiction over the military installation

22 that is the subject of the investigation to which

23 the report relates, if the Secretary of the Inte24 rior determines that—
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1 ‘‘(i) the military installation is in vio2 lation of a requirement under this Act; or

3 ‘‘(ii) an officer or employee of the

4 United States has failed to carry out a re5 sponsibility for preparing, implementing, or

6 providing financial or personnel resources

7 for an integrated natural resource manage8 ment plan under section 101 for the mili9 tary installation.

10 ‘‘(4) AGREEMENT.—Within 30 days after the

11 issuance of a Notice of Violation under paragraph

12 (3) regarding any violation or failure to carry out a

13 responsibility, the Secretary of Defense, the Sec14 retary of the Interior, and a representative of each

15 relevant State fish and wildlife agency shall enter

16 into an agreement specifying appropriate measures

17 to remedy the violation or failure. The agreement

18 shall include—

19 ‘‘(A) a detailed description of all violations

20 and failures found by the Secretary of the Inte21 rior, including citation of the specific provisions

22 of statute or regulations violated or which es23 tablish the responsibilities, respectively;

24 ‘‘(B) a detailed schedule for correcting the

25 violations or failures, including actions to be
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1 undertaken and deadlines for those actions,

2 which ensures that remedial action shall com3 mence within 30 days after the agreement is

4 entered into; and

5 ‘‘(C) specification of a date by which, or a

6 schedule within which, the Secretary of the ap7 propriate military department shall provide a

8 written response to the Secretary of the Interior

9 regarding plans of the military department for

10 addressing the violations or failures.

11 ‘‘(5) ANNUAL REPORTS.—The Secretary of De12 fense shall include with each annual report submit13 ted under section 101(g)(2)—

14 ‘‘(A) a summary of each Notice of Viola15 tion received by a Secretary of a military de16 partment in the year covered by the report; and

17 ‘‘(B) a description of the extent of compli18 ance of remedial actions taken under agree19 ments under paragraph (4) with the schedules

20 under those agreements for those actions.

21 ‘‘(6) FUNDING OF REMEDIAL ACTIONS.—The

22 Secretary of Defense shall consider all remedial ac23 tions specified in agreements under paragraph (4) to

24 be Class I projects under Office of Management and

25 Budget Circular A–106.
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1 ‘‘(b) ENFORCEMENT OF OTHER LAWS.—All Federal

2 laws relating to the conservation of fish and wildlife on

3 Federal lands may be enforced by the Secretary of De4 fense with respect to violations of those laws which occur

5 on military installations within the United States.’’.

6 SEC. 6. NATURAL RESOURCE MANAGEMENT SERVICES.

7 Title I (16 U.S.C. 670a et seq.) is amended by insert8 ing after section 106 (as added by section 5 of this Act)

9 the following:

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

11 ‘‘The Secretary of each military department shall en12 sure that sufficient numbers of professionally trained nat13 ural resource management personnel and natural resource

14 law enforcement personnel are available and assigned re15 sponsibility to perform tasks necessary to comply with this

16 Act, including the preparation and implementation of inte17 grated natural resource management plans.’’.

18 SEC. 7. DEFINITIONS.

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

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

21 this Act) the following:

22 ‘‘SEC. 108. DEFINITIONS.

23 ‘‘In this title:

24 ‘‘(1) MILITARY DEPARTMENT.—The term ‘mili25 tary department’ means the Department of the
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1 Army, the Department of the Navy, and the Depart2 ment of the Air Force.

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

4 ‘military installation’ includes—

5 ‘‘(A) lands used for military purposes by

6 any military department;

7 ‘‘(B) lands used for military purposes by

8 any National Guard or Reserve component of

9 the Department of Defense; and

10 ‘‘(C) all public lands withdrawn from all

11 forms of appropriation under the public land

12 laws and reserved for use by the Secretary of

13 Defense or the head of a military department,

14 including lands withdrawn and reserved under

15 the Military Lands Withdrawal Act of 1986.

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

17 term ‘State fish and wildlife agency’ means an agen18 cy of State government that is responsible under

19 State law for managing fish or wildlife resources.

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

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

22 the Commonwealth of Puerto Rico, and the terri23 tories and possessions of the United States.’’.
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1 SEC. 8. SHORT TITLE.

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

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

4 this Act) the following:

5 ‘‘SEC. 109. SHORT TITLE.

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

7 SEC. 9. COOPERATIVE AGREEMENTS.

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

9 670c–1(b)) is amended by striking ‘‘matching basis’’ each

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

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

12 670c–1(c)) is amended by inserting before the period at

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

14 1535 of that title’’.

15 SEC. 10. REPEAL.

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

17 99–651; 16 U.S.C. 670a–1) is repealed.

18 SEC. 11. CLERICAL AMENDMENTS.

19 Title I (16 U.S.C. 670a et seq.), as amended by this

20 Act, is further amended—

21 (1) by striking ‘‘military reservation’’ each

22 place it appears and inserting ‘‘military installa23 tion’’;

24 (2) by striking ‘‘military reservations’’ each

25 place it appears and inserting ‘‘military installa26 tions’’;
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1 (3) by striking ‘‘MILITARY RESERVATION’’ each

2 place it appears and inserting ‘‘MILITARY INSTALLA3 TION’’;

4 (4) by striking ‘‘reservation’’ each place it ap5 pears in reference to a military reservation (other

6 than in the term ‘‘military reservation’’) and insert7 ing ‘‘installation’’; and

8 (5) by striking ‘‘reservations’’ each place it ap9 pears in reference to military reservations (other

10 than in the term ‘‘military reservations’’) and insert11 ing ‘‘installations’’.

12 SEC. 12. AUTHORIZATIONS OF APPROPRIATIONS.

13 (a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub14 sections (b) and (c) of section 110 (as redesignated by

15 section 5 of this Act) are each amended by striking

16 ‘‘1983’’ and all that follows through ‘‘1993,’’ and inserting

17 ‘‘1994, 1995, 1996, 1997, and 1998,’’.

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

19 and (b) of that section are each amended by striking

20 ‘‘1983’’ and all that follows through ‘‘1993,’’ and inserting

21 ‘‘1994, 1995, 1996, 1997, and 1998,’’.

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