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Calendar No. 385

104TH CONGRESS

2D SESSION S. 1611

[Report No. 104–257]

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

APRIL 25, 1996

Reported by Mr. CHAFEE, without amendment

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

2 consisting of 20,000 acres of bottomland hardwood

3 and associated wetlands along the Clarks River and

4 the East Fork of the Clarks River in Graves, Mar5 shall, and McCracken Counties, Kentucky, is of crit6 ical importance to a variety of migratory and resi7 dent waterfowl, neotropical migratory birds, forest

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

9 other species associated with bottomland commu10 nities;

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

12 (unchannelized) bottomland hardwood wetland eco13 system remaining in western Kentucky and attracts

14 wintering migratory waterfowl, neotropical migratory

15 birds, and an array of raptors;

16 (3) the area provides extraordinary recreational,

17 research, and educational opportunities for students,

18 scientists, birdwatchers, wildlife observers, hunters,

19 anglers, hikers, and nature photographers;

20 (4) the area is an internationally significant en21 vironmental resource that is unprotected and re22 quires active management to prevent vegetative en23 croachment and to otherwise protect and enhance

24 the value of the area as fish and wildlife habitat;
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1 (5) the Clarks River Basin has been identified

2 in the preliminary project proposal plan for the es3 tablishment of the Kentucky National Wildlife Ref4 uge, prepared by the United States Fish and Wild5 life Service (Southeast Region), as an area deserving

6 permanent protection; and

7 (6) since agriculture and silviculture are essen8 tial to the economies of Graves, Marshall, and

9 McCracken Counties and can contribute to healthy

10 ecosystems for wildlife, the refuge should not restrict

11 agricultural and silvicultural activities on private

12 lands.

13 SEC. 3. PURPOSE.

14 The purpose of this Act is to establish the Kentucky

15 National Wildlife Refuge to be managed—

16 (1) to conserve fish and wildlife populations and

17 the habitats of the populations, including habitats of

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

19 neotropical migratory birds, shorebirds, and other

20 migratory birds;

21 (2) to preserve and showcase the concepts of

22 biodiversity and ecosystem management;

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

24 areas containing habitat managed for waterfowl and

25 other migratory birds;
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1 (4) to fulfill international treaty obligations of

2 the United States with regard to fish and wildlife

3 and the habitats of the fish and wildlife;

4 (5) to restore and maintain the physical and bi5 ological integrity of wetlands and other waters with6 in the refuge;

7 (6) to conserve species known to be threatened

8 with extinction; and

9 (7) to provide opportunities for scientific re10 search, environmental education, and fish- and wild11 life-associated recreation (including hunting, trap12 ping, and fishing) and access to the extent compat13 ible with the management purposes specified in

14 paragraphs (1) through (6).

15 SEC. 4. DEFINITIONS.

16 In this Act:

17 (1) LAND.—The term ‘‘land’’ includes an inter18 est in land.

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

20 Kentucky National Wildlife Refuge established under

21 section 5.

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

23 the Secretary of the Interior, acting through the Di24 rector of the United States Fish and Wildlife Serv25 ice.
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1 (4) WATER.—The term ‘‘water’’ includes an in2 terest in water.

3 SEC. 5. ESTABLISHMENT OF REFUGE.

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

5 the Secretary shall establish a staffed and fully functional

6 national wildlife refuge to be known as the ‘‘Kentucky Na7 tional Wildlife Refuge’’.

8 (b) BOUNDARY DESIGNATION.—The Secretary

9 shall—

10 (1) consult with appropriate State and local of11 ficials, private conservation organizations, and other

12 interested parties in designating the boundaries of

13 the refuge, which shall comprise approximately

14 20,000 acres;

15 (2) prepare a detailed map depicting the bound16 aries designated under paragraph (1), which shall be

17 on file and available for public inspection at offices

18 of the United States Fish and Wildlife Service; and

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

20 lands, aquatic systems, wetlands, and waters de21 picted on the maps prepared under paragraph (2).

22 (c) BOUNDARY REVISIONS.—The Secretary may

23 make such minor revisions in the boundaries designated

24 under subsection (b) as are necessary to carry out the pur-
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1 pose of the refuge and to facilitate the acquisition of prop2 erty within the refuge.

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

4 the Land and Water Conservation Fund Act of 1965 (16

5 U.S.C. 460l–4 et seq.), the Migratory Bird Conservation

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

7 of 1956 (16 U.S.C. 742a et seq.), the Emergency Wet8 lands Resources Act of 1986 (16 U.S.C. 3901 et seq.),

9 and other laws, the Secretary may acquire for inclusion

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

11 or exchange, lands and waters (including permanent con12 servation easements) within the boundaries designated

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

14 shall become part of the refuge.

15 (e) OPERATION AND MAINTENANCE.—The Secretary

16 shall construct such office, maintenance, and support fa17 cilities as are necessary for the operation and maintenance

18 of the refuge.

19 SEC. 6. ADMINISTRATION.

20 (a) GENERAL ADMINISTRATIVE AUTHORITY.—The

21 Secretary shall administer all lands and waters acquired

22 under section 5 in accordance with the National Wildlife

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

24 668dd et seq.).
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1 (b) OTHER ADMINISTRATIVE AUTHORITY.—Consist2 ent with subsection (a) and to carry out the purpose of

3 the refuge, the Secretary may use such additional author4 ity as is available to the Secretary for the conservation

5 and development of fish, wildlife, and natural resources,

6 the development of outdoor recreational opportunities (in7 cluding hunting, trapping, and fishing), and interpretative

8 education.

9 (c) MANAGEMENT PLAN.—

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

11 after the date of enactment of this Act, the Sec12 retary shall prepare a comprehensive management

13 plan for the development and operation of the refuge

14 that shall include—

15 (A) refuge management priorities and

16 strategies;

17 (B) the planning and design of observation

18 points, trails, and access points, including park19 ing and other necessary facilities; and

20 (C) such provisions as are necessary to en21 sure that—

22 (i) no activity carried out in the ref23 uge will result in the obstruction of the

24 flow of water so as to affect any private

25 land adjacent to the refuge; and
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1 (ii) no buffer zone regulating any land

2 use (other than hunting and fishing) is es3 tablished.

4 (2) PUBLIC PARTICIPATION.—

5 (A) IN GENERAL.—The Secretary shall

6 provide opportunity for public participation in

7 developing the management plan.

8 (B) LOCAL ENTITIES.—The Secretary

9 shall give special consideration to means by

10 which the participation and contributions of

11 local public and private entities in developing

12 and implementing the management plan can be

13 encouraged.

14 (d) OUTREACH AND EDUCATION.—The Secretary

15 shall work with, provide technical assistance to, provide

16 community outreach and education programs for or with,

17 or enter into cooperative agreements with private land18 owners, State and local governments or agencies, and con19 servation organizations to further the purpose for which

20 the refuge is established.

21 SEC. 7. GIFTS.

22 As soon as practicable after the date of enactment

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

24 Wildlife Service shall request that the National Fish and

25 Wildlife Foundation established under the National Fish
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1 and Wildlife Foundation Establishment Act (16 U.S.C.

2 3701 et seq.) take such measures as the Foundation con3 siders appropriate to encourage, accept, and administer

4 private gifts of property or funds to further the purpose

5 of this Act.

6 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated such sums

8 as are necessary to carry out this Act.
Calendar No. 385

104TH CONGRESS

2D SESSION S. 1611

[Report No. 104–257]

A BILL

To establish the Kentucky National Wildlife

Refuge, and for other purposes.

APRIL 25, 1996

Reported without amendment