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104TH CONGRESS

2D SESSION S. 1611

To establish the Kentucky National Wildlife Refuge, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 13, 1996

Mr. MCCONNELL introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

To establish the Kentucky National Wildlife Refuge, and

for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Kentucky National

5 Wildlife Refuge Authorization Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) the area known as the Clarks River Basin,

9 consisting of 20,000 acres of bottomland hardwood

10 and associated wetlands along the Clarks River and

11 the East Fork of the Clarks River in Graves, Mar-
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1 shall, and McCracken Counties, Kentucky, is of crit2 ical importance to a variety of migratory and resi3 dent waterfowl, neotropical migratory birds, forest

4 wildlife, and riverine species, and a wide array of

5 other species associated with bottomland commu6 nities;

7 (2) the area is the only major, natural

8 (unchannelized) bottomland hardwood wetland eco9 system remaining in western Kentucky and attracts

10 wintering migratory waterfowl, neotropical migratory

11 birds, and an array of raptors;

12 (3) the area provides extraordinary recreational,

13 research, and educational opportunities for students,

14 scientists, birdwatchers, wildlife observers, hunters,

15 anglers, hikers, and nature photographers;

16 (4) the area is an internationally significant en17 vironmental resource that is unprotected and re18 quires active management to prevent vegetative en19 croachment and to otherwise protect and enhance

20 the value of the area as fish and wildlife habitat;

21 (5) the Clarks River Basin has been identified

22 in the preliminary project proposal plan for the es23 tablishment of the Kentucky National Wildlife Ref24 uge, prepared by the United States Fish and Wild-
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1 life Service (Southeast Region), as an area deserving

2 permanent protection; and

3 (6) since agriculture and silviculture are essen4 tial to the economies of Graves, Marshall, and

5 McCracken Counties and can contribute to healthy

6 ecosystems for wildlife, the refuge should not restrict

7 agricultural and silvicultural activities on private

8 lands.

9 SEC. 3. PURPOSE.

10 The purpose of this Act is to establish the Kentucky

11 National Wildlife Refuge to be managed—

12 (1) to conserve fish and wildlife populations and

13 the habitats of the populations, including habitats of

14 bald eagles, golden eagles, Indiana bats, wood ducks,

15 neotropical migratory birds, shorebirds, and other

16 migratory birds;

17 (2) to preserve and showcase the concepts of

18 biodiversity and ecosystem management;

19 (3) to enhance and provide a vital link to public

20 areas containing habitat managed for waterfowl and

21 other migratory birds;

22 (4) to fulfill international treaty obligations of

23 the United States with regard to fish and wildlife

24 and the habitats of the fish and wildlife;
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1 (5) to restore and maintain the physical and bi2 ological integrity of wetlands and other waters with3 in the refuge;

4 (6) to conserve species known to be threatened

5 with extinction; and

6 (7) to provide opportunities for scientific re7 search, environmental education, and fish- and wild8 life-associated recreation (including hunting, trap9 ping, and fishing) and access to the extent compat10 ible with the management purposes specified in

11 paragraphs (1) through (6).

12 SEC. 4. DEFINITIONS.

13 In this Act:

14 (1) LAND.—The term ‘‘land’’ includes an inter15 est in land.

16 (2) REFUGE.—The term ‘‘refuge’’ means the

17 Kentucky National Wildlife Refuge established under

18 section 5.

19 (3) SECRETARY.—The term ‘‘Secretary’’ means

20 the Secretary of the Interior, acting through the Di21 rector of the United States Fish and Wildlife Serv22 ice.

23 (4) WATER.—The term ‘‘water’’ includes an in24 terest in water.
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1 SEC. 5. ESTABLISHMENT OF REFUGE.

2 (a) ESTABLISHMENT.—In accordance with this Act,

3 the Secretary shall establish a staffed and fully functional

4 national wildlife refuge to be known as the ‘‘Kentucky Na5 tional Wildlife Refuge’’.

6 (b) BOUNDARY DESIGNATION.—The Secretary

7 shall—

8 (1) consult with appropriate State and local of9 ficials, private conservation organizations, and other

10 interested parties in designating the boundaries of

11 the refuge, which shall comprise approximately

12 20,000 acres;

13 (2) prepare a detailed map depicting the bound14 aries designated under paragraph (1), which shall be

15 on file and available for public inspection at offices

16 of the United States Fish and Wildlife Service; and

17 (3) include in the boundaries of the refuge the

18 lands, aquatic systems, wetlands, and waters de19 picted on the maps prepared under paragraph (2).

20 (c) BOUNDARY REVISIONS.—The Secretary may

21 make such minor revisions in the boundaries designated

22 under subsection (b) as are necessary to carry out the pur23 pose of the refuge and to facilitate the acquisition of prop24 erty within the refuge.

25 (d) ACQUISITION.—To the extent authorized under

26 the Land and Water Conservation Fund Act of 1965 (16
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1 U.S.C. 460l–4 et seq.), the Migratory Bird Conservation

2 Act (16 U.S.C. 715 et seq.), the Fish and Wildlife Act

3 of 1956 (16 U.S.C. 742a et seq.), the Emergency Wet4 lands Resources Act of 1986 (16 U.S.C. 3901 et seq.),

5 and other laws, the Secretary may acquire for inclusion

6 in the refuge, by purchase from willing sellers, donation,

7 or exchange, lands and waters (including permanent con8 servation easements) within the boundaries designated

9 under subsection (b). All lands and waters so acquired

10 shall become part of the refuge.

11 (e) OPERATION AND MAINTENANCE.—The Secretary

12 shall construct such office, maintenance, and support fa13 cilities as are necessary for the operation and maintenance

14 of the refuge.

15 SEC. 6. ADMINISTRATION.

16 (a) GENERAL ADMINISTRATIVE AUTHORITY.—The

17 Secretary shall administer all lands and waters acquired

18 under section 5 in accordance with the National Wildlife

19 Refuge System Administration Act of 1966 (16 U.S.C.

20 668dd et seq.).

21 (b) OTHER ADMINISTRATIVE AUTHORITY.—Consist22 ent with subsection (a) and to carry out the purpose of

23 the refuge, the Secretary may use such additional author24 ity as is available to the Secretary for the conservation

25 and development of fish, wildlife, and natural resources,
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1 the development of outdoor recreational opportunities (in2 cluding hunting, trapping, and fishing), and interpretative

3 education.

4 (c) MANAGEMENT PLAN.—

5 (1) IN GENERAL.—Not later than 18 months

6 after the date of enactment of this Act, the Sec7 retary shall prepare a comprehensive management

8 plan for the development and operation of the refuge

9 that shall include—

10 (A) refuge management priorities and

11 strategies;

12 (B) the planning and design of observation

13 points, trails, and access points, including park14 ing and other necessary facilities; and

15 (C) such provisions as are necessary to en16 sure that—

17 (i) no activity carried out in the ref18 uge will result in the obstruction of the

19 flow of water so as to affect any private

20 land adjacent to the refuge; and

21 (ii) no buffer zone regulating any land

22 use (other than hunting and fishing) is es23 tablished.

24 (2) PUBLIC PARTICIPATION.—
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1 (A) IN GENERAL.—The Secretary shall

2 provide opportunity for public participation in

3 developing the management plan.

4 (B) LOCAL ENTITIES.—The Secretary

5 shall give special consideration to means by

6 which the participation and contributions of

7 local public and private entities in developing

8 and implementing the management plan can be

9 encouraged.

10 (d) OUTREACH AND EDUCATION.—The Secretary

11 shall work with, provide technical assistance to, provide

12 community outreach and education programs for or with,

13 or enter into cooperative agreements with private land14 owners, State and local governments or agencies, and con15 servation organizations to further the purpose for which

16 the refuge is established.

17 SEC. 7. GIFTS.

18 As soon as practicable after the date of enactment

19 of this Act, the Director of the United States Fish and

20 Wildlife Service shall request that the National Fish and

21 Wildlife Foundation established under the National Fish

22 and Wildlife Foundation Establishment Act (16 U.S.C.

23 3701 et seq.) take such measures as the Foundation con24 siders appropriate to encourage, accept, and administer
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1 private gifts of property or funds to further the purpose

2 of this Act.

3 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated such sums

5 as are necessary to carry out this Act.

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