II

105TH CONGRESS

1ST SESSION S. 1059

To amend the National Wildlife Refuge System Administration Act of 1966

to improve the management of the National Wildlife Refuge System,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 23, 1997

Mr. CHAFEE (for himself, Mr. KEMPTHORNE, and Mr. GRAHAM) introduced

the following bill; which was read twice and referred to the Committee

on Environment and Public Works

A BILL

To amend the National Wildlife Refuge System Administration Act of 1966 to improve the management of the

National Wildlife Refuge System, 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; REFERENCES.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘National Wildlife Refuge System Improvement Act of

6 1997’’.

7 (b) REFERENCES.—Whenever in this Act an amend8 ment or repeal is expressed in terms of an amendment

9 to, or repeal of, a section or other provision, the reference
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1 shall be considered to be made to a section or provision

2 of the National Wildlife Refuge System Administration

3 Act of 1966 (16 U.S.C. 668dd et seq.).

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) The National Wildlife Refuge System is

7 comprised of over 92,000,000 acres of Federal lands

8 that have been incorporated within 509 individual

9 units located in all 50 States and the territories of

10 the United States.

11 (2) The System was created to conserve fish,

12 wildlife, and plants and their habitats and this con13 servation mission has been facilitated by providing

14 Americans opportunities to participate in compatible

15 wildlife-dependent recreation, including fishing and

16 hunting, on System lands and to better appreciate

17 the value of and need for fish and wildlife conserva18 tion.

19 (3) The System serves a pivotal role in the con20 servation of migratory birds, anadromous and inter21 jurisdictional fish, marine mammals, endangered and

22 threatened species, and the habitats on which these

23 species depend.

24 (4) The System assists in the fulfillment of im25 portant international treaty obligations of the Unit-
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1 ed States with regard to fish, wildlife, and plants

2 and their habitats.

3 (5) The System includes lands purchased not

4 only through the use of tax dollars but also through

5 the proceeds from sales of Duck Stamps and na6 tional wildlife refuge entrance fees. It is a System

7 that is financially supported by those benefiting

8 from and utilizing it.

9 (6) When managed in accordance with prin10 ciples of sound fish and wildlife management and

11 administration, fishing, hunting, wildlife observation,

12 and environmental education in national wildlife ref13 uges have been and are expected to continue to be

14 generally compatible uses.

15 (7) On March 25, 1996, the President issued

16 Executive Order 12996, which recognized ‘‘compat17 ible wildlife-dependent recreational uses involving

18 hunting, fishing, wildlife observation and photog19 raphy, and environmental education and interpreta20 tion as priority public uses of the Refuge System’’.

21 (8) Executive Order 12996 is a positive step

22 and serves as the foundation for the permanent stat23 utory changes made by this Act.
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1 SEC. 3. DEFINITIONS.

2 (a) IN GENERAL.—Section 5 (16 U.S.C. 668ee) is

3 amended to read as follows:

4 ‘‘SEC. 5. DEFINITIONS.

5 ‘‘For purposes of this Act:

6 ‘‘(1) The term ‘compatible use’ means a wild7 life-dependent recreational use or any other use of a

8 refuge that, in the sound professional judgment of

9 the Director, will not materially interfere with or de10 tract from the fulfillment of the mission of the Sys11 tem or the purposes of the refuge.

12 ‘‘(2) The terms ‘wildlife-dependent recreation’

13 and ‘wildlife-dependent recreational use’ mean a use

14 of a refuge involving hunting, fishing, wildlife obser15 vation and photography, or environmental education

16 and interpretation.

17 ‘‘(3) The term ‘sound professional judgment’

18 means a finding, determination, or decision that is

19 consistent with principles of sound fish and wildlife

20 management and administration, available science

21 and resources, and adherence to the requirements of

22 this Act and other applicable laws.

23 ‘‘(4) The terms ‘conserving’, ‘conservation’,

24 ‘manage’, ‘managing’, and ‘management’, mean to

25 sustain and, where appropriate, restore and enhance,

26 healthy populations of fish, wildlife, and plants uti-
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1 lizing, in accordance with applicable Federal and

2 State laws, methods and procedures associated with

3 modern scientific resource programs. Such methods

4 and procedures include, consistent with the provi5 sions of this Act, protection, research, census, law

6 enforcement, habitat management, propagation, live

7 trapping and transplantation, and regulated taking.

8 ‘‘(5) The term ‘Coordination Area’ means a

9 wildlife management area that is made available to

10 a State—

11 ‘‘(A) by cooperative agreement between the

12 United States Fish and Wildlife Service and a

13 State agency having control over wildlife re14 sources pursuant to section 4 of the Fish and

15 Wildlife Coordination Act (16 U.S.C. 664); or

16 ‘‘(B) by long-term leases or agreements

17 pursuant to title III of the Bankhead-Jones

18 Farm Tenant Act (50 Stat. 525; 7 U.S.C. 1010

19 et seq.).

20 ‘‘(6) The term ‘Director’ means the Director of

21 the United States Fish and Wildlife Service or a

22 designee of that Director.

23 ‘‘(7) The terms ‘fish’, ‘wildlife’, and ‘fish and

24 wildlife’ mean any wild member of the animal king25 dom whether alive or dead, and regardless of wheth-
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1 er the member was bred, hatched, or born in cap2 tivity, including a part, product, egg, or offspring of

3 the member.

4 ‘‘(8) The term ‘person’ means any individual,

5 partnership, corporation, or association.

6 ‘‘(9) The term ‘plant’ means any member of the

7 plant kingdom in a wild, unconfined state, including

8 any plant community, seed, root, or other part of a

9 plant.

10 ‘‘(10) The terms ‘purposes of the refuge’ and

11 ‘purposes of each refuge’ mean the purposes speci12 fied in or derived from the law, proclamation, execu13 tive order, agreement, public land order, donation

14 document, or administrative memorandum establish15 ing, authorizing, or expanding a refuge, refuge unit,

16 or refuge subunit.

17 ‘‘(11) The term ‘refuge’ means a designated

18 area of land, water, or an interest in land or water

19 within the System, but does not include Coordina20 tion Areas.

21 ‘‘(12) The term ‘Secretary’ means the Secretary

22 of the Interior.

23 ‘‘(13) The terms ‘State’ and ‘United States’

24 mean the several States of the United States, Puerto

25 Rico, American Samoa, the Virgin Islands, Guam,
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1 and the territories and possessions of the United

2 States.

3 ‘‘(14) The term ‘System’ means the National

4 Wildlife Refuge System designated under section

5 4(a)(1).

6 ‘‘(15) The terms ‘take’, ‘taking’, and ‘taken’

7 mean to pursue, hunt, shoot, capture, collect, or kill,

8 or to attempt to pursue, hunt, shoot, capture, col9 lect, or kill.’’.

10 (b) CONFORMING AMENDMENT.—Section 4 (16

11 U.S.C. 668dd) is amended by striking ‘‘Secretary of the

12 Interior’’ each place it appears and inserting ‘‘Secretary’’.

13 SEC. 4. MISSION OF THE SYSTEM.

14 Section 4(a) (16 U.S.C. 668dd(a)) is amended—

15 (1) by redesignating paragraphs (2) and (3) as

16 paragraphs (5) and (6), respectively;

17 (2) in clause (i) of paragraph (6) (as so redesig18 nated), by striking ‘‘paragraph (2)’’ and inserting

19 ‘‘paragraph (5)’’; and

20 (3) by inserting after paragraph (1) the follow21 ing new paragraph:

22 ‘‘(2) The mission of the System is to administer a

23 national network of lands and waters for the conservation,

24 management, and where appropriate, restoration of the

25 fish, wildlife, and plant resources and their habitats within
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1 the United States for the benefit of present and future

2 generations of Americans.’’.

3 SEC. 5. ADMINISTRATION OF THE SYSTEM.

4 (a) ADMINISTRATION GENERALLY.—Section 4(a) (16

5 U.S.C. 668dd(a)), as amended by section 4 of this Act,

6 is further amended by inserting after new paragraph (2)

7 the following new paragraphs:

8 ‘‘(3) With respect to the System, it is the policy of

9 the United States that—

10 ‘‘(A) each refuge shall be managed to fulfill the

11 mission of the System, as well as the specific pur12 poses for which that refuge was established;

13 ‘‘(B) compatible wildlife-dependent recreation is

14 a legitimate and appropriate general public use of

15 the System, directly related to the mission of the

16 System and the purposes of many refuges, and

17 which generally fosters refuge management and

18 through which the American public can develop an

19 appreciation for fish and wildlife;

20 ‘‘(C) compatible wildlife-dependent recreational

21 uses are the priority general public uses of the Sys22 tem and shall receive priority consideration in refuge

23 planning and management; and

24 ‘‘(D) when the Secretary determines that a pro25 posed wildlife-dependent recreational use is a com-
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1 patible use within a refuge, that activity should be

2 facilitated, subject to such restrictions or regulations

3 as may be necessary, reasonable, and appropriate.

4 ‘‘(4) In administering the System, the Secretary

5 shall—

6 ‘‘(A) provide for the conservation of fish, wild7 life, and plants, and their habitats within the Sys8 tem;

9 ‘‘(B) ensure that the biological integrity, diver10 sity, and environmental health of the System are

11 maintained for the benefit of present and future

12 generations of Americans;

13 ‘‘(C) plan and direct the continued growth of

14 the System in a manner that is best designed to ac15 complish the mission of the System, to contribute to

16 the conservation of the ecosystems of the United

17 States, to complement efforts of States and other

18 Federal agencies to conserve fish and wildlife and

19 their habitats, and to increase support for the Sys20 tem and participation from conservation partners

21 and the public;

22 ‘‘(D) ensure that the mission of the System de23 scribed in paragraph (2) and the purposes of each

24 refuge are carried out, except that if a conflict exists

25 between the purposes of a refuge and the mission of
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1 the System, the conflict shall be resolved in a man2 ner that first protects the purposes of the refuge,

3 and, to the extent practicable, that also achieves the

4 mission of the System;

5 ‘‘(E) ensure effective coordination, interaction,

6 and cooperation with owners of land adjoining ref7 uges and the fish and wildlife agency of the States

8 in which the units of the System are located;

9 ‘‘(F) assist in the maintenance of adequate

10 water quantity and water quality to fulfill the mis11 sion of the System and the purposes of each refuge;

12 ‘‘(G) acquire, under State law, water rights that

13 are needed for refuge purposes;

14 ‘‘(H) recognize compatible wildlife-dependent

15 recreational uses as the priority general public uses

16 of the System through which the American public

17 can develop an appreciation for fish and wildlife;

18 ‘‘(I) ensure that opportunities are provided

19 within the System for compatible wildlife-dependent

20 recreational uses;

21 ‘‘(J) ensure that priority general public uses of

22 the System receive enhanced consideration over

23 other general public uses in planning and manage24 ment within the System;
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1 ‘‘(K) provide increased opportunities for fami2 lies to experience compatible wildlife-dependent

3 recreation, particularly opportunities for parents and

4 their children to safely engage in traditional outdoor

5 activities, such as fishing and hunting;

6 ‘‘(L) continue, consistent with existing laws and

7 interagency agreements, authorized or permitted

8 uses of units of the System by other Federal agen9 cies, including those necessary to facilitate military

10 preparedness;

11 ‘‘(M) ensure timely and effective cooperation

12 and collaboration with Federal agencies and State

13 fish and wildlife agencies during the course of ac14 quiring and managing refuges; and

15 ‘‘(N) monitor the status and trends of fish,

16 wildlife, and plants in each refuge.’’.

17 (b) POWERS.—Section 4(b) (16 U.S.C. 668dd(b)) is

18 amended—

19 (1) in the matter preceding paragraph (1) by

20 striking ‘‘authorized—’’ and inserting ‘‘authorized to

21 take the following actions:’’;

22 (2) in paragraph (1) by striking ‘‘to enter’’ and

23 inserting ‘‘Enter’’;

24 (3) in paragraph (2)—
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1 (A) by striking ‘‘to accept’’ and inserting

2 ‘‘Accept’’; and

3 (B) by striking ‘‘, and’’ and inserting a pe4 riod;

5 (4) in paragraph (3) by striking ‘‘to acquire’’

6 and inserting ‘‘Acquire’’; and

7 (5) by adding at the end the following new

8 paragraphs:

9 ‘‘(4) Subject to standards established by and

10 the overall management oversight of the Director,

11 and consistent with standards established by this

12 Act, to enter into cooperative agreements with State

13 fish and wildlife agencies for the management of

14 programs on a refuge.

15 ‘‘(5) Issue regulations to carry out this Act.’’.

16 SEC. 6. COMPATIBILITY STANDARDS AND PROCEDURES.

17 Section 4(d) (16 U.S.C. 668dd(d)) is amended by

18 adding at the end the following new paragraphs:

19 ‘‘(3)(A)(i) Except as provided in clause (iv), the Sec20 retary shall not initiate or permit a new use of a refuge

21 or expand, renew, or extend an existing use of a refuge,

22 unless the Secretary has determined that the use is a com23 patible use and that the use is not inconsistent with public

24 safety. The Secretary may make the determinations re-
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1 ferred to in this paragraph for a refuge concurrently with

2 development of a conservation plan under subsection (e).

3 ‘‘(ii) On lands added to the System after March 25,

4 1996, the Secretary shall identify, prior to acquisition,

5 withdrawal, transfer, reclassification, or donation of any

6 such lands, existing compatible wildlife-dependent rec7 reational uses that the Secretary determines shall be per8 mitted to continue on an interim basis pending completion

9 of the comprehensive conservation plan for the refuge.

10 ‘‘(iii) Wildlife-dependent recreational uses may be au11 thorized on a refuge when they are compatible and not

12 inconsistent with public safety. Except for consideration

13 of consistency with State laws and regulations as provided

14 for in subsection (m), no other determinations or findings

15 are required to be made by the refuge official under this

16 Act or the Refuge Recreation Act for wildlife-dependent

17 recreation to occur.

18 ‘‘(iv) Compatibility determinations in existence on the

19 date of enactment of the National Wildlife Refuge System

20 Improvement Act of 1997 shall remain in effect until and

21 unless modified.

22 ‘‘(B) Not later than 24 months after the date of the

23 enactment of the National Wildlife Refuge System Im24 provement Act of 1997, the Secretary shall issue final reg25 ulations establishing the process for determining under
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1 subparagraph (A) whether a use of a refuge is a compat2 ible use. These regulations shall—

3 ‘‘(i) designate the refuge official responsible for

4 making initial compatibility determinations;

5 ‘‘(ii) require an estimate of the timeframe, loca6 tion, manner, and purpose of each use;

7 ‘‘(iii) identify the effects of each use on refuge

8 resources and purposes of each refuge;

9 ‘‘(iv) require that compatibility determinations

10 be made in writing;

11 ‘‘(v) provide for the expedited consideration of

12 uses that will likely have no detrimental effect on

13 the fulfillment of the purposes of a refuge or the

14 mission of the System;

15 ‘‘(vi) provide for the elimination or modification

16 of any use as expeditiously as practicable after a de17 termination is made that the use is not a compatible

18 use;

19 ‘‘(vii) require, after an opportunity for public

20 comment, reevaluation of each existing use, other

21 than those uses specified in clause (viii), if condi22 tions under which the use is permitted change sig23 nificantly or if there is significant new information

24 regarding the effects of the use, but not less fre-
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1 quently than once every 10 years, to ensure that the

2 use remains a compatible use;

3 ‘‘(viii) require, after an opportunity for public

4 comment, reevaluation of each compatible wildlife5 dependent recreational use when conditions under

6 which the use is permitted change significantly or if

7 there is significant new information regarding the

8 effects of the use, but not less frequently than in

9 conjunction with each preparation or revision of a

10 conservation plan under subsection (e) or at least

11 every 15 years, whichever is earlier; and

12 ‘‘(ix) provide an opportunity for public review

13 and comment on each evaluation of a use, unless an

14 opportunity for public review and comment on the

15 evaluation of the use has already been provided dur16 ing the development or revision of a conservation

17 plan for the refuge under subsection (e) or has oth18 erwise been provided during routine, periodic deter19 minations of compatibility for wildlife-dependent rec20 reational uses.

21 ‘‘(4) The provisions of this Act relating to determina22 tions of the compatibility of a use shall not apply to—

23 ‘‘(A) overflights above a refuge; and

24 ‘‘(B) activities authorized, funded, or conducted

25 by a Federal agency (other than the United States
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1 Fish and Wildlife Service) which has primary juris2 diction over a refuge or a portion of a refuge, if the

3 management of those activities is in accordance with

4 a memorandum of understanding between the Sec5 retary or the Director and the head of the Federal

6 agency with primary jurisdiction over the refuge gov7 erning the use of the refuge.’’.

8 SEC. 7. REFUGE CONSERVATION PLANNING PROGRAM.

9 (a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) is

10 amended—

11 (1) by redesignating subsections (e) through (i)

12 as subsections (f) through (j), respectively; and

13 (2) by inserting after subsection (d) the follow14 ing new subsection:

15 ‘‘(e)(1)(A) Except with respect to refuge lands in

16 Alaska (which shall be governed by the refuge planning

17 provisions of the Alaska National Interest Lands Con18 servation Act (16 U.S.C. 3101 et seq.)), the Secretary

19 shall—

20 ‘‘(i) propose a comprehensive conservation plan

21 for each refuge or related complex of refuges (re22 ferred to in this subsection as a ‘planning unit’) in

23 the System;
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1 ‘‘(ii) publish a notice of opportunity for public

2 comment in the Federal Register on each proposed

3 conservation plan;

4 ‘‘(iii) issue a final conservation plan for each

5 planning unit consistent with the provisions of this

6 Act and, to the extent practicable, consistent with

7 fish and wildlife conservation plans of the State in

8 which the refuge is located; and

9 ‘‘(iv) not less frequently than 15 years after the

10 date of issuance of a conservation plan under clause

11 (iii) and every 15 years thereafter, revise the con12 servation plan as may be necessary.

13 ‘‘(B) The Secretary shall prepare a comprehensive

14 conservation plan under this subsection for each refuge

15 within 15 years after the date of enactment of the Na16 tional Wildlife Refuge System Improvement Act of 1997.

17 ‘‘(C) The Secretary shall manage each refuge or plan18 ning unit under plans in effect on the date of enactment

19 of the National Wildlife Refuge System Improvement Act

20 of 1997, to the extent such plans are consistent with this

21 Act, until such plans are revised or superseded by new

22 comprehensive conservation plans issued under this sub23 section.

24 ‘‘(D) Uses or activities consistent with this Act may

25 occur on any refuge or planning unit before existing plans
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1 are revised or new comprehensive conservation plans are

2 issued under this subsection.

3 ‘‘(E) Upon completion of a comprehensive conserva4 tion plan under this subsection for a refuge or planning

5 unit, the Secretary shall manage the refuge or planning

6 unit in a manner consistent with the plan and shall revise

7 the plan at any time if the Secretary determines that con8 ditions that affect the refuge or planning unit have

9 changed significantly.

10 ‘‘(2) In developing each comprehensive conservation

11 plan under this subsection for a planning unit, the Sec12 retary, acting through the Director, shall identify and de13 scribe—

14 ‘‘(A) the purposes of each refuge comprising

15 the planning unit;

16 ‘‘(B) the distribution, migration patterns, and

17 abundance of fish, wildlife, and plant populations

18 and related habitats within the planning unit;

19 ‘‘(C) the archaeological and cultural values of

20 the planning unit;

21 ‘‘(D) such areas within the planning unit that

22 are suitable for use as administrative sites or visitor

23 facilities;

24 ‘‘(E) significant problems that may adversely

25 affect the populations and habitats of fish, wildlife,
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1 and plants within the planning unit and the actions

2 necessary to correct or mitigate such problems; and

3 ‘‘(F) opportunities for compatible wildlife-de4 pendent recreational uses.

5 ‘‘(3) In preparing each comprehensive conservation

6 plan under this subsection, and any revision to such a

7 plan, the Secretary, acting through the Director, shall, to

8 the maximum extent practicable and consistent with this

9 Act—

10 ‘‘(A) consult with adjoining Federal, State,

11 local, and private landowners and affected State con12 servation agencies; and

13 ‘‘(B) coordinate the development of the con14 servation plan or revision with relevant State con15 servation plans for fish and wildlife and their habi16 tats.

17 ‘‘(4)(A) In accordance with subparagraph (B), the

18 Secretary shall develop and implement a process to ensure

19 an opportunity for active public involvement in the prepa20 ration and revision of comprehensive conservation plans

21 under this subsection. At a minimum, the Secretary shall

22 require that publication of any final plan shall include a

23 summary of the comments made by States, owners of ad24 jacent or potentially affected land, local governments, and
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1 any other affected persons, and a statement of the disposi2 tion of concerns expressed in those comments.

3 ‘‘(B) Prior to the adoption of each comprehensive

4 conservation plan under this subsection, the Secretary

5 shall issue public notice of the draft proposed plan, make

6 copies of the plan available at the affected field and re7 gional offices of the United States Fish and Wildlife Serv8 ice, and provide opportunity for public comment.’’.

9 SEC. 8. EMERGENCY POWER; STATE AUTHORITY; WATER

10 RIGHTS; COORDINATION.

11 (a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) is

12 further amended by adding at the end the following new

13 subsections:

14 ‘‘(k) Notwithstanding any other provision of this Act,

15 the Secretary may temporarily suspend, allow, or initiate

16 any activity in a refuge in the System if the Secretary

17 determines it is necessary to protect the health and safety

18 of the public or any fish or wildlife population.

19 ‘‘(l) Nothing in this Act shall be construed to author20 ize the Secretary to control or regulate hunting or fishing

21 of fish and resident wildlife on lands or waters that are

22 not within the System.

23 ‘‘(m) Nothing in this Act shall be construed as affect24 ing the authority, jurisdiction, or responsibility of the sev25 eral States to manage, control, or regulate fish and resi-
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1 dent wildlife under State law or regulations in any area

2 within the System. Regulations permitting hunting or fish3 ing of fish and resident wildlife within the System shall

4 be, to the extent practicable, consistent with State fish and

5 wildlife laws, regulations, and management plans.

6 ‘‘(n)(1) Nothing in this Act shall—

7 ‘‘(A) create a reserved water right, express or

8 implied, in the United States for any purpose;

9 ‘‘(B) affect any water right in existence on the

10 date of enactment of the National Wildlife Refuge

11 System Improvement Act of 1997; or

12 ‘‘(C) affect any Federal or State law in exist13 ence on the date of the enactment of the National

14 Wildlife Refuge System Improvement Act of 1997

15 regarding water quality or water quantity.

16 ‘‘(2) Nothing in this Act shall diminish or affect the

17 ability to join the United States in the adjudication of

18 rights to the use of water pursuant to the McCarran Act

19 (43 U.S.C. 666).

20 ‘‘(o) Coordination with State fish and wildlife agency

21 personnel or with personnel of other affected State agen22 cies pursuant to this Act shall not be subject to the Fed23 eral Advisory Committee Act (5 U.S.C. App.).’’.

24 (b) CONFORMING AMENDMENT.—Section 4(c) (16

25 U.S.C. 668dd(c)) is amended by striking the last sentence.
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1 SEC. 9. STATUTORY CONSTRUCTION WITH RESPECT TO

2 ALASKA.

3 (a) IN GENERAL.—Nothing in this Act is intended

4 to affect—

5 (1) the provisions for subsistence uses in Alaska

6 set forth in the Alaska National Interest Lands Con7 servation Act (Public Law 96–487), including those

8 in titles III and VIII of that Act;

9 (2) the provisions of section 102 of the Alaska

10 National Interest Lands Conservation Act, the juris11 diction over subsistence uses in Alaska, or any asser12 tion of subsistence uses in Alaska in the Federal

13 courts; and

14 (3) the manner in which section 810 of the

15 Alaska National Interest Lands Conservation Act is

16 implemented in national wildlife refuges in Alaska.

17 (b) CONFLICTS OF LAWS.—If any conflict arises be18 tween any provision of this Act and any provision of the

19 Alaska National Interest Lands Conservation Act, then

20 the provision in the Alaska National Interest Lands Con21 servation Act shall prevail.

Æ