I 

112TH CONGRESS 

1ST SESSION H. R. 1670 

To amend the Sikes Act to improve the application of that Act to Stateowned facilities used for the national defense. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2011 

Ms. BORDALLO introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Armed 

Services, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Sikes Act to improve the application of that 

Act to State-owned facilities used for the national defense. 

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 ‘‘Sikes Act Amendments 

5 Act of 2011’’. 


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1 SEC. 2. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED 

2 FACILITIES USED FOR THE NATIONAL DE3 FENSE. 

4 (a) IMPROVEMENTS TO ACT.—The Sikes Act (16 

5 U.S.C. 670 et seq.) is amended as follows: 

6 (1) DEFINITIONS.—Section 100 (16 U.S.C. 

7 670) is amended— 

8 (A) by redesignating paragraphs (2) and 

9 (3) as paragraphs (4) and (5), respectively; and 

10 (B) by inserting after paragraph (1) the 

11 following new paragraphs: 

12 ‘‘(2) STATE.—The term ‘State’ means any of 

13 the several States, the District of Columbia, the 

14 Commonwealth of Puerto Rico, Guam, and the Vir15 gin Islands. 

16 ‘‘(3) STATE-OWNED NATIONAL GUARD INSTAL17 LATION.—The term ‘State-owned National Guard 

18 installation’ means land owned and operated by a 

19 State when such land is used for training the Na20 tional Guard pursuant to chapter 5 of title 32, 

21 United State Code, with funds provided by the Sec22 retary of Defense or the Secretary of a military de23 partment, even though such land is not under the 

24 jurisdiction of the Department of Defense.’’. 


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1 (2) FUNDING OF INTEGRATED NATURAL RE2 SOURCES MANAGEMENT PLANS.—Section 101 (16 

3 U.S.C. 670a) is amended— 

4 (A) in subsection (a)(1)(B)— 

5 (i) by inserting ‘‘(i)’’ before ‘‘To facili6 tate’’; and 

7 (ii) by adding at the end the following 

8 new clause: 

9 ‘‘(ii) The Secretary of a military de10 partment may, subject to the availability of 

11 appropriations, develop and implement an 

12 integrated natural resources management 

13 plan for a State-owned National Guard in14 stallation. Such a plan shall be developed 

15 and implemented in coordination with the 

16 chief executive officer of the State in which 

17 the State-owned National Guard installa18 tion is located. Such a plan is deemed, for 

19 purposes of any other provision of law, to 

20 be for lands or other geographical areas 

21 owned or controlled by the Department of 

22 Defense, or designated for its use.’’; 

23 (B) in subsection (a)(2), by inserting ‘‘or 

24 State-owned National Guard installation’’ after 

25 ‘‘military installation’’ both places it appears; 


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1 (C) in subsection (a)(3)— 

2 (i) by redesignating subparagraphs 

3 (A), (B), and (C) as clauses (i), (ii), and 

4 (iii), respectively; 

5 (ii) by inserting ‘‘(A)’’ before ‘‘Con6 sistent’’; 

7 (iii) in subparagraph (A), as des8 ignated by clause (ii) of this subparagraph, 

9 by inserting ‘‘and State-owned National 

10 Guard installations’’ after ‘‘military instal11 lations’’ the first place it appears; 

12 (iv) in clause (i) of subparagraph (A), 

13 as redesignated by clause (i) of this sub14 paragraph, by striking ‘‘military installa15 tions’’ and inserting ‘‘such installations’’; 

16 (v) in clause (ii) of subparagraph (A), 

17 as redesignated by clause (i) of this sub18 paragraph, by inserting ‘‘on such installa19 tions’’ after ‘‘resources’’; and 

20 (vi) by adding at the end the following 

21 subparagraph: 

22 ‘‘(B) In the case of a State-owned National 

23 Guard installation, such program shall be car24 ried out in coordination with the chief executive 


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1 officer of the State in which the installation is 

2 located.’’; 

3 (D) in subsection (b), by inserting ‘‘and 

4 State-owned National Guard installations’’ after 

5 ‘‘military installations’’ the first place it ap6 pears; 

7 (E) in subparagraphs (G) and (I) of sub8 section (b)(1), by striking ‘‘military installa9 tion’’ each place it appears and inserting ‘‘in10 stallation’’; and 

11 (F) in subsection (b)(3), by inserting ‘‘, in 

12 the case of a military installation,’’ after ‘‘(3) 

13 may’’. 

14 (3) COOPERATIVE AGREEMENTS.—Section 

15 103a(a) (16 U.S.C. 670c–1(a)) is amended— 

16 (A) in paragraph (1), by striking ‘‘Depart17 ment of Defense installations’’ and inserting 

18 ‘‘military installations and State-owned Na19 tional Guard installations’’; and 

20 (B) in paragraph (2), by striking ‘‘Depart21 ment of Defense installation’’ and inserting 

22 ‘‘military installation or State-owned National 

23 Guard installation’’. 

24 (b) SECTION AND SUBSECTION HEADINGS.—Such 

25 Act is further amended as follows: 


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1 (1) Section 101 (16 U.S.C. 670a) is amended— 

2 (A) by inserting at the beginning the fol3 lowing: 

4 ‘‘SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND 

5 REHABILITATION.’’; 

6 (B) by striking ‘‘SEC. 101.’’; 

7 (C) in subsection (c), by inserting ‘‘PROHI8 BITIONS ON SALE AND LEASE OF LANDS UN9 LESS EFFECTS COMPATIBLE WITH PLAN.—’’ 

10 after (c); 

11 (D) in subsection (d), by inserting ‘‘IMPLE12 MENTATION AND ENFORCEMENT OF INTE13 GRATED NATURAL RESOURCES MANAGEMENT

14 PLANS.—’’ after (d); and 

15 (E) in subsection (e)— 

16 (i) by inserting ‘‘APPLICABILITY OF

17 OTHER LAWS’’ after ‘‘(e)’’; and 

18 (ii) by inserting a comma after 

19 ‘‘Code’’. 

20 (2) Section 102 (16 U.S.C. 670b) is amended— 

21 (A) by inserting at the beginning the fol22 lowing: 


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1 ‘‘SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.’’; 

2 (B) by striking ‘‘SEC. 102.’’ and inserting 

3 ‘‘(a) INTEGRATED NATURAL RESOURCES MAN4 AGEMENT PLAN.—’’; and 

5 (C) by striking ‘‘agency:’’ and all that fol6 lows through ‘‘possession’’ and inserting ‘‘agen7 cy. 

8 ‘‘(b) APPLICABILITY OF OTHER LAWS.—Possession’’. 

9 (3) Section 103a (16 U.S.C. 670c–1) is further 

10 amended— 

11 (A) by inserting at the beginning the fol12 lowing: 

13 ‘‘SEC. 103A. COOPERATIVE AND INTERAGENCY AGREE14 MENTS FOR LAND MANAGEMENT ON INSTAL15 LATIONS.’’; 

16 (B) by striking ‘‘SEC. 103A.’’; 

17 (C) in subsection (a), by inserting ‘‘AU18 THORITY OF SECRETARY OF MILITARY DE19 PARTMENT.—’’ after ‘‘(a)’’; and 

20 (D) in subsection (c), by inserting ‘‘AVAIL21 ABILITY OF FUNDS; AGREEMENTS UNDER

22 OTHER LAWS.—’’ after ‘‘(c)’’. 

23 (4) Section 104 (16 U.S.C. 670d) is amended— 

24 (A) by inserting at the beginning the fol25 lowing: 


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1 ‘‘SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMP2 TROLLER GENERAL.’’; 

3 and 

4 (B) by striking ‘‘SEC. 104.’’. 

5 (5) Section 105 (16 U.S.C. 670e) is amended— 

6 (A) by inserting at the beginning the fol7 lowing: 

8 ‘‘SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL 

9 FOREST LANDS.’’; 

10 and 

11 (B) by striking ‘‘SEC. 105.’’. 

12 (6) Section 108 (16 U.S.C. 670f) is amended— 

13 (A) by inserting at the beginning the fol14 lowing: 

15 ‘‘SEC. 108. APPROPRIATIONS AND EXPENDITURES.’’; 

16 (B) by striking ‘‘SEC. 108.’’; 

17 (C) in subsection (a), by inserting ‘‘EX18 PENDITURES OF COLLECTED FUNDS UNDER

19 INTEGRATED NATURAL RESOURCES MANAGE20 MENT PLANS.—’’ after ‘‘(a)’’; 

21 (D) in subsection (b), by inserting ‘‘AU22 THORIZATION OF APPROPRIATIONS TO SEC23 RETARY OF DEFENSE.—’’ after ‘‘(b)’’; 

24 (E) in subsection (c), by inserting ‘‘AU25 THORIZATION OF APPROPRIATIONS TO SEC26 RETARY OF THE INTERIOR.—’’ after ‘‘(c)’’; and 


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1 (F) in subsection (D), by inserting ‘‘USE

2 OF OTHER CONSERVATION OR REHABILITA3 TION AUTHORITIES.—’’ after ‘‘(d)’’. 

4 (7) Section 201 (16 U.S.C. 670g) is amended— 

5 (A) by inserting at the beginning the fol6 lowing: 

7 ‘‘SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND 

8 REHABILITATION PROGRAMS.’’; 

9 (B) by striking ‘‘SEC. 201.’’; 

10 (C) in subsection (a), by inserting ‘‘PRO11 GRAMS REQUIRED.—’’ after ‘‘(a)’’; and 

12 (D) in subsection (b), by inserting ‘‘IMPLE13 MENTATION OF PROGRAMS.—’’ after ‘‘(b)’’. 

14 (8) Section 202 (16 U.S.C. 670h) is amended— 

15 (A) by inserting at the beginning the fol16 lowing: 

17 ‘‘SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION 

18 AND REHABILITATION PROGRAMS.’’; 

19 (B) by striking ‘‘SEC. 202.’’; 

20 (C) in subsection (a), by inserting ‘‘DE21 VELOPMENT OF PLANS.—’’ after ‘‘(a)’’; 

22 (D) in subsection (b), by inserting ‘‘CON23 SISTENCY WITH OVERALL LAND USE AND

24 MANAGEMENT PLANS; HUNTING, TRAPPING, 

25 AND FISHING.—’’ after ‘‘(b)’’; 


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1 (E) in subsection (c), by inserting ‘‘COOP2 ERATIVE AGREEMENTS BY STATE AGENCIES

3 FOR IMPLEMENTATION OF PROGRAMS.—’’ after 

4 ‘‘(c)’’; and 

5 (F) in subsection (d), by inserting ‘‘STATE

6 AGENCY AGREEMENTS NOT COOPERATIVE

7 AGREEMENTS UNDER OTHER PROVISIONS.—’’ 

8 after ‘‘(d)’’. 

9 (9) Section 203 (16 U.S.C. 670i) is amended— 

10 (A) by inserting at the beginning the fol11 lowing: 

12 ‘‘SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR 

13 HUNTING, TRAPPING, AND FISHING ON PUB14 LIC LANDS SUBJECT TO PROGRAMS.’’; 

15 (B) by striking ‘‘SEC. 203.’’; 

16 (C) in subsection (a), by inserting 

17 ‘‘AGREEMENTS TO REQUIRE STAMPS.—’’ after 

18 ‘‘(a)’’; and 

19 (D) in subsection (b)— 

20 (i) by inserting ‘‘CONDITIONS FOR

21 AGREEMENTS.—’’ after ‘‘(b)’’; and 

22 (ii) by moving paragraph (3) 2 ems to 

23 the right, so that the left-hand margin 

24 aligns with that of paragraph (2). 


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1 (10) Section 204 (16 U.S.C. 670j) is amend2 ed— 

3 (A) by inserting at the beginning the fol4 lowing: 

5 ‘‘SEC. 204. ENFORCEMENT PROVISIONS.’’; 

6 (B) by striking ‘‘SEC. 204.’’; 

7 (C) in subsection (a), by inserting ‘‘VIOLA8 TIONS AND PENALTIES.—’’ after ‘‘(a)’’; 

9 (D) in subsection (b), by inserting ‘‘EN10 FORCEMENT POWERS AND PROCEEDINGS.—’’ 

11 after ‘‘(b)’’; 

12 (E) in subsection (c), by inserting ‘‘SEI13 ZURE AND FORFEITURE.—’’ after ‘‘(c)’’; and 

14 (F) in subsection (d), by inserting ‘‘APPLI15 CABILITY OF CUSTOMS LAWS.—’’ after ‘‘(d)’’. 

16 (11) Section 205 (16 U.S.C. 670k) is amend17 ed— 

18 (A) by inserting at the beginning the fol19 lowing: 

20 ‘‘SEC. 205. DEFINITIONS.’’; 

21 and 

22 (B) by striking ‘‘SEC. 205.’’. 

23 (12) Section 206 (16 U.S.C. 670l) is amend24 ed— 


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1 (A) by inserting at the beginning the fol2 lowing: 

3 ‘‘SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO 

4 FOREST SERVICE AND BUREAU OF LAND 

5 MANAGEMENT LANDS; AUTHORIZED FEES.’’; 

6 and 

7 (B) by striking ‘‘SEC. 206.’’. 

8 (13) Section 207 (16 U.S.C. 670m) is amend9 ed— 

10 (A) by inserting at the beginning the fol11 lowing: 

12 ‘‘SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDIC13 TION REGULATING INDIAN RIGHTS.’’; 

14 and 

15 (B) by striking ‘‘SEC. 207.’’. 

16 (14) Section 209 (16 U.S.C. 670o) is amend17 ed— 

18 (A) by inserting at the beginning the fol19 lowing: 

20 ‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS.’’; 

21 (B) by striking ‘‘SEC. 209.’’; 

22 (C) in subsection (a), by inserting ‘‘FUNC23 TIONS AND RESPONSIBILITIES OF SECRETARY

24 OF THE INTERIOR.—’’ after ‘‘(a)’’; 


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1 (D) in subsection (b), by inserting ‘‘FUNC2 TIONS AND RESPONSIBILITIES OF SECRETARY

3 OF AGRICULTURE.—’’ after ‘‘(b)’’; 

4 (E) in subsection (c), by inserting ‘‘USE

5 OF OTHER CONSERVATION OR REHABILITA6 TION AUTHORITIES’’ after ‘‘(c)’’; and 

7 (F) in subsection (d), by inserting ‘‘CON8 TRACT AUTHORITY’’ after ‘‘(d)’’. 

9 (c) CODIFICATION OF CHANGE OF NAME.—Section 

10 204(b) of such Act (16 U.S.C. 670j) is amended by strik11 ing ‘‘magistrate’’ both places it appears and inserting 

12 ‘‘magistrate judge’’. 

13 (d) REPEAL OF OBSOLETE SECTION.—Section 208 

14 of such Act is repealed, and section 209 of such Act (16 

15 U.S.C. 670o) is redesignated as section 208. 

Æ 


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