II

104TH CONGRESS

1ST SESSION S. 428

To improve the management of land and water for fish and wildlife purposes,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 16 (legislative day, JANUARY 30), 1995

Mr. ROTH (for himself, Mr. BAUCUS, Mr. BIDEN, Mrs. BOXER, Mr.

FEINGOLD, Mr. DODD, Mr. HARKIN, Mr. JEFFORDS, Mr. KERRY, Mr.

LAUTENBERG, Mr. LEAHY, Mr. LIEBERMAN, Mrs. MURRAY, Mr. PELL,

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

and referred to the Committee on Environment and Public Works

A BILL

To improve the management of land and water for fish

and wildlife purposes, 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 ‘‘Fish and Wildlife Man5 agement Act of 1995’’.

6 SEC. 2. FISH AND WILDLIFE COORDINATION.

7 (a) IN GENERAL.—The Fish and Wildlife Coordina8 tion Act (16 U.S.C. 661 et seq.) is amended to read as

9 follows:
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1 ‘‘SECTION 1. SHORT TITLE.

2 ‘‘This Act may be cited as the ‘Fish and Wildlife Co3 ordination Act’.

4 ‘‘SEC. 2. DEFINITIONS.

5 ‘‘In this Act (unless the context otherwise requires):

6 ‘‘(1) SECRETARY.—The term ‘Secretary’ means

7 the Secretary of the Interior.

8 ‘‘(2) WILDLIFE AND WILDLIFE RESOURCES.—

9 The terms ‘wildlife’ and ‘wildlife resources’ include

10 birds, fish, mammals, and all other classes of wild

11 animals and all types of aquatic and land vegetation

12 on which wildlife is dependent.

13 ‘‘SEC. 3. ASSISTANCE TO AND COOPERATION WITH FED14 ERAL AND STATE AGENCIES.

15 ‘‘(a) PURPOSES.—The purposes of this section are

16 to—

17 ‘‘(1) recognize the vital contribution of wildlife

18 resources to the United States and the increasing

19 public interest and significance of the resources be20 cause of expansion of the national economy and

21 other factors; and

22 ‘‘(2) provide that wildlife conservation shall re23 ceive equal consideration and be coordinated with

24 other features of water resources development pro25 grams through the effectual and harmonious plan26 ning, development, maintenance, and coordination of
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1 wildlife conservation and rehabilitation for the pur2 poses of this Act in the United States and the terri3 tories and possessions of the United States.

4 ‘‘(b) ASSISTANCE AND COOPERATION.—The Sec5 retary may—

6 ‘‘(1) provide assistance to, and cooperate with,

7 Federal, State, and public or private agencies and

8 organizations in—

9 ‘‘(A) the development, protection, rearing,

10 and stocking of all species of wildlife, wildlife

11 resources, and the habitat of wildlife;

12 ‘‘(B) controlling losses of wildlife, wildlife

13 resources, and the habitat of wildlife from dis14 ease or other causes;

15 ‘‘(C) minimizing damage from overabun16 dant species;

17 ‘‘(D) providing public shooting and fishing

18 areas, including easements across public land

19 for access to the land; and

20 ‘‘(E) carrying out other measures nec21 essary to carry out this Act;

22 ‘‘(2) make surveys and investigations of the

23 wildlife of the public domain, including land and

24 water or interests in land or water acquired or con25 trolled by any agency of the United States; and
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1 ‘‘(3) accept donations of land and contributions

2 of funds in furtherance of this Act.

3 ‘‘SEC. 4. CONSULTATIONS AND REPORTS PRIOR TO IM4 POUNDMENT, DIVERSION, OR CONTROL OF

5 WATER.

6 ‘‘(a) CONSULTATIONS BETWEEN AGENCIES.—Except

7 as provided in subsection (h), whenever it is proposed or

8 authorized that the water of any stream or other body of

9 water shall be impounded or diverted, the channel of the

10 water shall be deepened, or the stream or other body of

11 water shall be otherwise controlled or modified for any

12 purpose, including navigation and drainage, by an agency

13 of the United States, or by a public or private agency

14 under Federal permit or license, the agency first shall con15 sult with the Director of the United States Fish and Wild16 life Service of the Department of the Interior, and with

17 the head of the agency having jurisdiction over the wildlife

18 resources of the particular State in which the impound19 ment, diversion, or other control facility is to be con20 structed. The consultation shall be made for the purpose

21 of the conservation of wildlife resources by preventing loss

22 of and damage to the resources and providing for the de23 velopment and improvement of the resources in connection

24 with the water resources development.

25 ‘‘(b) REPORTS AND RECOMMENDATIONS.—
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1 ‘‘(1) IN GENERAL.—In furtherance of the pur2 poses described in subsection (a), the reports and

3 recommendations of the Secretary on the wildlife as4 pects of a project described in the subsection, and

5 any report of the head of the State agency having

6 jurisdiction over the wildlife resources of the State,

7 based on surveys and investigations conducted by

8 the United States Fish and Wildlife Service and the

9 State agency for the purpose of determining the pos10 sible damage to wildlife resources and for the pur11 pose of determining means and measures that

12 should be adopted to prevent the loss of or damage

13 to the wildlife resources and to provide concurrently

14 for the development and improvement of the re15 sources, shall be made an integral part of any report

16 prepared or submitted by an agency of the Federal

17 Government responsible for engineering surveys and

18 construction of the project when the report is pre19 sented to Congress or to any agency or person hav20 ing the authority or the power, by administrative ac21 tion or otherwise—

22 ‘‘(A) to authorize the construction of 1 or

23 more water resources development projects; or

24 ‘‘(B) to approve a report on the modifica25 tion or supplementation of a plan for a project
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1 authorized before August 12, 1958, to which

2 this Act applies.

3 ‘‘(2) RECOMMENDATIONS.—Recommendations

4 of the Secretary under paragraph (1) shall—

5 ‘‘(A) be as specific as practicable with re6 spect to features recommended for wildlife con7 servation and development, land to be utilized

8 or acquired for the wildlife conservation and de9 velopment, and the results expected; and

10 ‘‘(B) describe the damage to wildlife attrib11 utable to the project and the measures proposed

12 for mitigating or compensating for the damage.

13 ‘‘(3) CONSIDERATION OF REPORTS AND REC14 OMMENDATIONS.—A reporting officer in a project

15 report of a Federal agency shall give full consider16 ation to the report and recommendations of the Sec17 retary and to any report of the State agency on the

18 wildlife aspects of the project. The plan for the

19 project shall include such justifiable means and

20 measures for wildlife purposes as the reporting agen21 cy determines should be adopted to obtain maximum

22 overall project benefits.

23 ‘‘(c) MODIFICATION OF PROJECTS.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), a Federal agency that is authorized to
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1 construct or operate a water control project may

2 modify or add to the structure or operation of the

3 project, the construction of which has not been sub4 stantially completed as of August 12, 1958, and ac5 quire land in accordance with section 5, in order to

6 accommodate the means and measures for the con7 servation of wildlife resources as an integral part of

8 the project.

9 ‘‘(2) OLDER PROJECTS.—In the case of a

10 project authorized by a specific Act of Congress be11 fore August 12, 1958—

12 ‘‘(A) the modification or land acquisition

13 shall be compatible with the purposes for which

14 the project was authorized;

15 ‘‘(B) the cost of the modification or land

16 acquisition, as a means or measure to prevent

17 loss of and damage to wildlife resources to the

18 extent justifiable, shall be an integral part of

19 the cost of the project; and

20 ‘‘(C)(i) the cost of the modification or land

21 acquisition for the development or improvement

22 of wildlife resources may be included to the ex23 tent justifiable; and

24 ‘‘(ii) an appropriate share of the cost of

25 the project may be allocated for the purpose de-
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1 scribed in clause (i) with a finding as to the

2 part of the allocated cost, if any, to be reim3 bursed by non-Federal interests.

4 ‘‘(d) PROJECT COSTS.—The cost of planning for, and

5 the construction or installation and maintenance of, the

6 means and measures adopted to carry out the conservation

7 purposes of this section shall constitute an integral part

8 of the cost of each project, except that the cost attrib9 utable to the development and improvement of wildlife

10 shall not extend beyond the cost necessary for—

11 ‘‘(1) land acquisition;

12 ‘‘(2) a facility specifically recommended in a

13 water resources development project report;

14 ‘‘(3) modification of the project; and

15 ‘‘(4) modification of project operations, which

16 shall not include the operation of wildlife facilities.

17 ‘‘(e) TRANSFER OF FUNDS.—In the case of construc18 tion by a Federal agency, the agency may transfer to the

19 United States Fish and Wildlife Service, out of appropria20 tions or other funds made available for investigations, en21 gineering, or construction, such funds as may be necessary

22 to conduct all or part of the investigations required to

23 carry out this section.

24 ‘‘(f) ESTIMATION OF WILDLIFE BENEFITS OR

25 LOSSES.—In addition to other requirements, there shall
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1 be included in any report submitted to Congress support2 ing a recommendation for authorization of a new project

3 for the control or use of water as described in this section

4 (including any new division of the project or new supple5 mental work on the project) an estimation of the wildlife

6 benefits or losses to be derived from the project, includ7 ing—

8 ‘‘(1) the benefit to be derived from measures

9 recommended specifically for the development and

10 improvement of wildlife resources;

11 ‘‘(2) the cost of providing wildlife benefits (in12 cluding the cost of additional facilities to be installed

13 or land to be acquired specifically for that particular

14 phase of wildlife conservation relating to the develop15 ment and improvement of wildlife);

16 ‘‘(3) the part of the cost of any joint-use facility

17 allocated to wildlife; and

18 ‘‘(4) the part of the costs, if any, to be reim19 bursed by non-Federal interests.

20 ‘‘(g) APPLICABILITY TO PROJECTS.—This section

21 shall be applicable with respect to any project for the con22 trol or use of water as described in this section, or any

23 unit of such a project authorized before or after August

24 12, 1958, for planning or construction, but shall not be

25 applicable with respect to any project or unit of a project
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1 authorized before August 12, 1958, if the construction of

2 the particular project or unit of the project has been sub3 stantially completed as of that date. For the purpose of

4 this subsection, a project or unit of a project shall be con5 sidered to be substantially completed when 60 percent or

6 more of the estimated construction cost has been obligated

7 for expenditure.

8 ‘‘(h) EXEMPT PROJECTS AND ACTIVITIES.—This Act

9 shall not be applicable to—

10 ‘‘(1) a project for the impoundment of water if

11 the maximum surface area of the impoundment is

12 less than 10 acres; or

13 ‘‘(2) an activity for, or in connection with, a

14 program primarily for land management and use

15 carried out by a Federal agency with respect to Fed16 eral land under the jurisdiction of the agency.

17 ‘‘SEC. 5. PROVISION FOR WILDLIFE AFTER IMPOUNDMENT,

18 DIVERSION, OR CONTROL OF WATER.

19 ‘‘(a) CONSERVATION, MAINTENANCE, AND MANAGE20 MENT OF WILDLIFE RESOURCES.—Except as provided in

21 section 4(h), whenever the water of any stream or other

22 body of water is impounded or diverted, the channel of

23 the water is deepened, or the stream or other body of

24 water is otherwise controlled or modified for any purpose,

25 including navigation and drainage, by an agency of the
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1 United States, adequate provision, consistent with the pri2 mary purposes of the impoundment, diversion, or other

3 control, shall be made for the use of the water (together

4 with any area of land, water, or interest in land or water

5 acquired or administered by a Federal agency in connec6 tion with the activity) for the conservation, maintenance,

7 and management of wildlife resources of the land and

8 water, and wildlife habitat on the land and water, includ9 ing the development and improvement of the wildlife re10 sources pursuant to section 4.

11 ‘‘(b) USE AND AVAILABILITY OF WATER, LAND, AND

12 INTERESTS.—

13 ‘‘(1) IN GENERAL.—The use of the water, land,

14 or interest in water or land for wildlife conservation

15 purposes under subsection (a) shall be in accordance

16 with a general plan approved jointly by—

17 ‘‘(A) the head of the particular agency

18 having primary jurisdiction;

19 ‘‘(B) the Secretary; and

20 ‘‘(C) the head of the agency having juris21 diction over the wildlife resources of the par22 ticular State in which the water and area de23 scribed in subsection (a) lies.

24 ‘‘(2) NATIONAL MIGRATORY BIRD PROGRAM.—

25 The water, land, or interest described in paragraph
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1 (1) shall be made available, without cost, for admin2 istration by—

3 ‘‘(A) the State agency, if the management

4 of the water, land, or interest relates to the

5 conservation of wildlife other than migratory

6 birds; or

7 ‘‘(B) the Secretary, for administration in

8 such manner as the Secretary considers advis9 able, if the particular water, land, or interest

10 has value in carrying out the national migratory

11 bird management program of the Department

12 of the Interior.

13 ‘‘(3) LAND UNDER JURISDICTION OF SEC14 RETARY OF AGRICULTURE.—Nothing in this section

15 shall affect the authority of the Secretary of Agri16 culture to cooperate with States or to make land

17 available to States with respect to the management

18 of wildlife and wildlife habitat on land under the ju19 risdiction of the Secretary of Agriculture.

20 ‘‘(c) ACQUISITION OF LAND, WATER, AND INTER21 ESTS.—

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

23 if consistent with this Act and the reports and find24 ings of the Secretary prepared in accordance with

25 section 4, land, water, and interests in land or water
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1 may be acquired by Federal construction agencies

2 for the wildlife conservation and development pur3 poses of this Act in connection with a project to the

4 extent reasonably needed to preserve and ensure for

5 the public benefit the wildlife potentials of the par6 ticular project area.

7 ‘‘(2) REPORT TO CONGRESS.—Before land,

8 water, or an interest in land or water is acquired for

9 the purpose described in paragraph (1), the probable

10 extent of the acquisition shall be set forth, along

11 with other data necessary for project authorization,

12 in a report submitted to Congress. In the case of a

13 project authorized prior to August 12, 1958, no

14 property described in the preceding sentence shall be

15 acquired unless specifically authorized by Congress,

16 if specific authority for the acquisition is rec17 ommended by the construction agency.

18 ‘‘(d) USE OF ACQUIRED LAND, WATER, AND INTER19 ESTS.—Land, water, or an interest in land or water ac20 quired for the purposes of this section shall continue to

21 be used for the purposes, and shall not become the subject

22 of an exchange or other transaction if the exchange or

23 other transaction would defeat such an initial purpose of

24 the acquisition of the land, water, or interest.
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1 ‘‘(e) AVAILABILITY OF LAND FOR WATER RE2 SOURCES DEVELOPMENT PURPOSES.—Notwithstanding

3 any other law, Federal land acquired or withdrawn for

4 Federal water resources development purposes and made

5 available to States or to the Secretary for wildlife manage6 ment purposes shall be made available for the purposes

7 in accordance with this Act.

8 ‘‘(f) NATIONAL FOREST LAND.—Except in the case

9 of land acquired to carry out the national migratory bird

10 management program of the Department of the Interior,

11 any land acquired pursuant to this section by a Federal

12 agency within the exterior boundaries of a national forest

13 shall, on acquisition, be added to and become national for14 est land, and shall be administered as a part of the forest

15 within which the land is situated, subject to all laws appli16 cable to land acquired under the Act of March 1, 1911

17 (36 Stat. 961, chapter 186).

18 ‘‘SEC. 6. ADMINISTRATIVE PROVISIONS.

19 ‘‘(a) IN GENERAL.—Subject to subsections (b)

20 through (d), such land, water, or interest in land or water,

21 as is made available to the Secretary to carry out this Act,

22 pursuant to sections 3 and 5 or pursuant to any other

23 authorization, shall be administered directly by the Sec24 retary or in accordance with cooperative agreements en25 tered into pursuant to section 3 and in accordance with
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1 such rules and regulations for the conservation, mainte2 nance, and management of wildlife, wildlife resources, and

3 wildlife habitat as may be issued by the Secretary in ac4 cordance with general plans approved jointly by the Sec5 retary and the head of the agency having primary jurisdic6 tion over the land, water, or interest in land or water.

7 ‘‘(b) CONSISTENCY WITH STATE LAWS.—The rules

8 and regulations issued under subsection (a) shall be con9 sistent with the laws for the protection of fish and game

10 of the States in which the land, water, or interest in land

11 or water is situated.

12 ‘‘(c) NATIONAL MIGRATORY BIRD MANAGEMENT

13 PROGRAM.—

14 ‘‘(1) AVAILABILITY OF LAND.—Subject to para15 graph (2), land that has value to the national migra16 tory bird management program of the Department

17 of the Interior may, pursuant to general plans, be

18 made available without cost directly to the State

19 agency having control over wildlife resources, if the

20 Secretary and the State agency jointly determine

21 that the availability without cost to the State agency

22 would be in the public interest.

23 ‘‘(2) REVERSION TO SECRETARY.—The Sec24 retary shall have the right to assume the manage25 ment and administration of the land for the national
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1 migratory bird management program if the Sec2 retary determines that the State agency has with3 drawn from or otherwise relinquished the manage4 ment and administration.

5 ‘‘SEC. 7. INVESTIGATIONS AS TO EFFECT OF SEWAGE AND

6 INDUSTRIAL WASTES.

7 ‘‘(a) IN GENERAL.—The Secretary, acting through

8 the Director of the United States Fish and Wildlife Serv9 ice and the Director of the United States Bureau of Mines,

10 may—

11 ‘‘(1) make such investigations as the Secretary

12 considers necessary to determine the effect of do13 mestic sewage, mine, petroleum, and industrial

14 wastes, erosion, silt, and other polluting substances

15 on wildlife; and

16 ‘‘(2) report to Congress concerning the inves17 tigations, including making recommendations for al18 leviating dangerous and undesirable effects of the

19 polluting substances.

20 ‘‘(b) CONTENTS OF INVESTIGATIONS.—The inves21 tigations shall include—

22 ‘‘(1) the determination of standards of water

23 quality for the maintenance of wildlife;

24 ‘‘(2) the study of methods of abating and pre25 venting pollution, including methods for the recovery
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1 of useful or marketable products and byproducts of

2 wastes; and

3 ‘‘(3) the collation and distribution of data on

4 the progress and results of the investigations for the

5 use of Federal, State, municipal, and private agen6 cies, individuals, organizations, or enterprises.

7 ‘‘SEC. 8. MAINTENANCE OF ADEQUATE WATER LEVELS IN

8 UPPER MISSISSIPPI RIVER.

9 ‘‘In managing facilities (including locks, dams, and

10 pools) in the Mississippi River between Rock Island, Illi11 nois, and Minneapolis, Minnesota, administered by the

12 Army Corps of Engineers of the Department of the Army,

13 the Department shall—

14 ‘‘(1) give full consideration and recognition to

15 the needs of fish and other wildlife resources and the

16 habitat of the fish and wildlife resources dependent

17 on the river, without increasing additional liability to

18 the Federal Government; and

19 ‘‘(2) to the maximum extent possible without

20 causing damage to levee and drainage districts, adja21 cent railroads and highways, farm land, and dam

22 structures, generally operate and maintain pool lev23 els as though navigation was carried on throughout

24 the year.
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1 ‘‘SEC. 9. PENALTIES.

2 ‘‘A person who violates this Act (including a rule or

3 regulation issued under this Act) shall be guilty of a mis4 demeanor and on conviction of the misdemeanor shall be

5 fined not more than $500 or imprisoned for not more than

6 1 year, or both.

7 ‘‘SEC. 10. APPLICABILITY.

8 ‘‘This Act shall not apply to the Tennessee Valley Au9 thority.

10 ‘‘SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘There are authorized to be appropriated such sums

12 as are necessary to carry out this Act and regulations is13 sued under this Act, including the construction of such

14 facilities, buildings, and other improvements as are nec15 essary for economical administration of land, water, and

16 interests in land or water made available to the Secretary

17 under this Act, and the employment in the city of Wash18 ington, District of Columbia, and elsewhere of such per19 sons and means as the Secretary may consider necessary

20 for the administration.’’.

21 (b) CONFORMING AMENDMENT.—The first section of

22 Public Law 85–624 (16 U.S.C. 661 note) is amended to

23 read as follows: ‘‘That this Act may be cited as the ‘Fish

24 and Wildlife Coordination Amendments Act of 1958’.’’.
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1 SEC. 3. GAME MANAGEMENT SUPPLY DEPOTS.

2 The second sentence of the Joint Resolution entitled

3 ‘‘A Joint Resolution providing for the establishment of a

4 game management supply depot and laboratory, and for

5 other purposes’’, approved June 24, 1936 (16 U.S.C.

6 667), is amended to read as follows:

7 ‘‘SEC. 2. APPROPRIATIONS FOR GAME MANAGEMENT SUP8 PLY DEPOTS.

9 ‘‘(a) IN GENERAL.—Appropriations made for the ad10 ministration, protection, maintenance, control, improve11 ment, and development of wildlife sanctuaries, reserva12 tions, and refuges under the control of the Secretary of

13 the Interior shall be available for the purchase, transpor14 tation, and handling of supplies and materials for distribu15 tion at cost from game management supply depots main16 tained by the Department of the Interior to specified

17 projects.

18 ‘‘(b) CHARGING OF COSTS.—

19 ‘‘(1) IN GENERAL.—Transfers between the ap20 propriations for the purposes described in subsection

21 (a) are authorized in order that the cost of supplies

22 and materials, and transportation and handling of

23 supplies and materials, drawn from central ware24 houses so maintained may be charged to the particu25 lar project benefited.
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1 ‘‘(2) SUPPLIES AND MATERIALS THAT REMAIN

2 AVAILABLE.—Such supplies and materials referred

3 to in paragraph (1) as remain in game management

4 supply depots at the end of any fiscal year shall be

5 continuously available for issuance during subse6 quent fiscal years and shall charged for by such

7 transfers of funds between the appropriations for the

8 then current fiscal year without decreasing in any

9 way the appropriations made for that fiscal year.

10 ‘‘(c) LIMITATION.—Supplies and materials shall not

11 be purchased under this section solely for the purpose of

12 increasing the value of storehouse stock beyond the rea13 sonable requirements for a fiscal year.’’.

14 SEC. 4. MANAGEMENT OF WILDLIFE REFUGE LAND.

15 Section 4 of the National Wildlife Refuge System Ad16 ministration Act of 1966 (16 U.S.C. 668dd) is amended

17 by adding at the end the following:

18 ‘‘(j) MANAGEMENT OF CERTAIN LAND.—Notwith19 standing any other provision of this Act, a portion of the

20 Arctic National Wildlife Refuge in Alaska comprising ap21 proximately 1,559,538 acres, as generally depicted on a

22 map entitled ‘Arctic National Wildlife Refuge—1002

23 Area. Alternative E—Wilderness Designation, October 28,

24 1991’, and available for inspection in the offices of the
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1 Secretary of the Interior, is designated as a component

2 of the National Wilderness Preservation System.’’.

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