Union Calendar No. 395

103D CONGRESS

2D SESSION H. R. 3300

[Report No. 103–718]

A BILL

To amend the Act popularly known as the ‘‘Sikes

military installations.and natural resources management programs onAct’’ to enhance fish and wildlife conservation

SEPTEMBER 12, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 395

103D CONGRESS

2D SESSION H. R. 3300

[Report No. 103–718]

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

SEPTEMBER 12, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on October 19, 1993]

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Natural Resource Man3 agement on Military Lands Act of 1994’’.

4 SEC. 2. AMENDMENT OF SIKES ACT.

5 Except as otherwise expressly provided, whenever in

6 this Act an amendment or repeal is expressed in terms of

7 an amendment to, or repeal of, a section or other provision,

8 the reference shall be considered to be made to a section or

9 other provision of title I of the Act entitled ‘‘An Act to pro10 mote effectual planning, development, maintenance, and co11 ordination of wildlife, fish, and game conservation and re12 habilitation in military reservations’’, approved September

13 15, 1960 (16 U.S.C. 670a et seq.), commonly referred to,

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

15 SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT

16 PLANS FOR MILITARY INSTALLATIONS, GEN17 ERALLY.

18 (a) IN GENERAL.—Section 101(a) (16 U.S.C. 670a(a))

19 is amended—

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

21 ‘‘shall’’;

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

23 accordance with a cooperative plan’’ and inserting

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

25 program, the Secretary shall prepare and implement
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1 for each military installation in the United States an

2 integrated natural resource management plan’’; and

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

4 following: ‘‘, except that the Secretary is not required

5 to prepare such a plan for a military installation if

6 the Secretary determines that preparation of such a

7 plan for the installation is not appropriate’’.

8 (b) CONFORMING AMENDMENTS.—Title I, as amended

9 by subsection (a) of this section, is further amended—

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

11 matter preceding paragraph (1) by striking ‘‘coopera12 tive plan’’ and inserting ‘‘integrated natural resource

13 management plan’’;

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

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

16 and inserting ‘‘integrated natural resource manage17 ment plan’’;

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

19 matter preceding paragraph (1) by striking ‘‘a coop20 erative plan’’ and inserting ‘‘an integrated natural

21 resource management plan’’;

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

23 matter preceding paragraph (1) by striking ‘‘coopera24 tive plans’’ and inserting ‘‘integrated natural re25 source 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 U.S.C.

17 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 for

5 all biological communities, and

6 ‘‘(G) the establishment of specific natural

7 resource management goals, objectives, and time8 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 consist20 ency 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 public

2 of natural resources, to the extent that such use

3 is not inconsistent with the military mission of

4 the installation or the needs of fish and wildlife

5 management;

6 ‘‘(E) provide the public access to the instal7 lation that is necessary or appropriate for that

8 use, to the extent that access is not inconsistent

9 with the military mission of the installation;

10 and

11 ‘‘(F) provide for professional enforcement of

12 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. 670a)

17 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 de2 partment shall, by not later than 9 months after the

3 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 under

9 section 101 of the Sikes Act, as amended by this

10 Act, is appropriate; and

11 (B) submit to the Secretary of Defense a re12 port 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 Con16 gress a report on the reviews conducted under para17 graph (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 plan

22 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 RESOURCE

2 MANAGEMENT PLANS.—Not later than 2 years after the

3 date of the submission of the report required under sub4 section (a)(2), the Secretary of Defense shall, for each mili5 tary installation for which the Secretary has not deter6 mined under subsection (a)(2)(A) that preparation of an

7 integrated natural resource management plan is not appro8 priate—

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 under

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

13 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 date

17 of the enactment of this Act, complete negotiations

18 with the Secretary of the Interior and the heads of the

19 appropriate State agencies regarding changes to that

20 plan that are necessary for the plan to constitute an

21 integrated natural resource plan that complies with

22 that section, as amended by this Act.

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

24 provide an opportunity for the submission of public com25 ments on—
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1 (1) integrated natural resource management

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

3 (2) changes to cooperative plans proposed pursu4 ant to subsection (b)(2).

5 SEC. 5. ANNUAL REVIEWS AND REPORTS.

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

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

8 Act) the following:

9 ‘‘(g) REVIEWS AND REPORTS.—

10 ‘‘(1) SECRETARY OF DEFENSE.—The Secretary of

11 Defense shall, by not later than March 1 of each year,

12 review the extent to which integrated natural resource

13 management plans were prepared or in effect and im14 plemented in accordance with this Act in the preced15 ing year, and submit a report on the findings of that

16 review to the committees. Each report shall include—

17 ‘‘(A) the number of integrated natural re18 source management plans in effect in the year

19 covered by the report, including the date on

20 which each plan was issued in final form or

21 most recently revised;

22 ‘‘(B) the amount of moneys expended on

23 conservation activities conducted pursuant to

24 those plans in the year covered by the report, in25 cluding amounts expended under the Legacy Re-
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1 source Management Program established under

2 section 8120 of the Act of November 5, 1990

3 (Public Law 101–511; 104 Stat. 1905); and

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

5 the plans comply with the requirements of sub6 section (b)(1) and (2), including specifically the

7 extent to which the plans ensure in accordance

8 with subsection (b)(2)(C) that there is no net loss

9 of lands to support the military missions of mili10 tary installations.

11 ‘‘(2) SECRETARY OF THE INTERIOR.—The Sec12 retary of the Interior, by not later than March 1 of

13 each year and in consultation with State agencies re14 sponsible for conservation or management of fish or

15 wildlife, shall submit a report to the committees on

16 the amount of moneys expended by the Department of

17 the Interior and those State agencies in the year cov18 ered by the report on conservation activities con19 ducted pursuant to integrated natural resource man20 agement plans.

21 ‘‘(3) COMMITTEES DEFINED.—For purposes of

22 this subsection, the term ‘committees’ means the Com23 mittees on Merchant Marine and Fisheries and

24 Armed Services of the House of Representatives and
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1 the Committees on Armed Services and Environment

2 and Public Works of the Senate.’’.

3 SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED NATURAL

4 RESOURCE MANAGEMENT PLANS; ENFORCE5 MENT OF OTHER LAWS.

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

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

8 and

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

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

11 ‘‘All Federal laws relating to the conservation of natu12 ral resources on Federal lands may be enforced by the Sec13 retary of Defense with respect to violations of those laws

14 which occur on military installations within the United

15 States.’’.

16 SEC. 7. NATURAL RESOURCE MANAGEMENT SERVICES.

17 Title I (16 U.S.C. 670a et seq.) is amended by insert18 ing after section 106 (as added by section 6 of this Act)

19 the following:

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

21 ‘‘The Secretary of each military department shall en22 sure that sufficient numbers of professionally trained natu23 ral resource management personnel and natural resource

24 law enforcement personnel are available and assigned re25 sponsibility to perform tasks necessary to comply with this
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1 Act, including the preparation and implementation of inte2 grated natural resource management plans.’’.

3 SEC. 8. DEFINITIONS.

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

5 by inserting after section 107 (as added by section 7 of this

6 Act) the following:

7 ‘‘SEC. 108. DEFINITIONS.

8 ‘‘In this title:

9 ‘‘(1) MILITARY DEPARTMENT.—The term ‘mili10 tary department’ means the Department of the Army,

11 the Department of the Navy, and the Department of

12 the Air Force.

13 ‘‘(2) MILITARY INSTALLATION.—The term ‘mili14 tary installation’—

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

16 owned by the United States and administered by

17 the Secretary of Defense or the head of a mili18 tary department; and

19 ‘‘(B) includes all public lands withdrawn

20 from all forms of appropriation under public

21 land laws and reserved for use by the Secretary

22 of Defense or the head of a military department.

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

24 term ‘State fish and wildlife agency’ means an agen-
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1 cy of State government that is responsible under State

2 law for managing fish or wildlife resources.

3 ‘‘(4) UNITED STATES.—The term ‘United States’

4 means the States, the District of Columbia, the Com5 monwealth of Puerto Rico, and the territories and

6 possessions of the United States.’’.

7 SEC. 9. SHORT TITLE.

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

9 by inserting after section 108 (as added by section 7 of this

10 Act) the following:

11 ‘‘SEC. 109. SHORT TITLE.

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

13 SEC. 10. COOPERATIVE AGREEMENTS.

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

15 670c–1(b)) is amended by striking ‘‘matching basis’’ each

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

17 (b) ACCOUNTING.—Section 103a(c) (16 U.S.C. 670c–

18 1(c)) is amended by inserting before the period at the end

19 the following: ‘‘, and shall not be subject to section 1535

20 of that title’’.

21 SEC. 11. REPEAL.

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

23 99–651; 16 U.S.C. 670a–1) is repealed.

24 SEC. 12. CLERICAL AMENDMENTS.

25 Title I, as amended by this Act, is further amended—
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1 (1) in the heading for the title by striking ‘‘MILI2 TARY RESERVATIONS’’ and inserting ‘‘MILITARY IN3 STALLATIONS’’;

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

5 striking ‘‘the reservation’’ and inserting ‘‘the installa6 tion’’;

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

8 670a(b)(4))—

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

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

11 and

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

13 military reservation’’ and inserting ‘‘the mili14 tary installation’’;

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

16 (A) in paragraph (1) by striking ‘‘a mili17 tary reservation’’ and inserting ‘‘a military in18 stallation’’; and

19 (B) in paragraph (2) by striking ‘‘the res20 ervation’’ and inserting ‘‘the installation’’;

21 (5) in section 102 (16 U.S.C. 670b) by striking

22 ‘‘military reservations’’ and inserting ‘‘military in23 stallations’’; and
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1 (6) in section 103 (16 U.S.C. 670c) by striking

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

4 SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.

5 (a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub6 sections (b) and (c) of section 110 (as redesignated by sec7 tion 6 of this Act) are each amended by striking ‘‘1983’’

8 and all that follows through ‘‘1993,’’ and inserting ‘‘1994,

9 1995, 1996, and 1997,’’.

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

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

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

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

14 1997,’’.