II

105TH CONGRESS

1ST SESSION S. 1363

To amend the Sikes Act to enhance fish and wildlife conservation and natural

resources management programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4, 1997

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

to the Committee on Environment and Public Works

A BILL

To amend the Sikes Act to enhance fish and wildlife conservation and natural resources management programs,

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 ‘‘Sikes Act Improvement

5 Act of 1997’’.

6 SEC. 2. DEFINITION OF SIKES ACT FOR PURPOSES OF

7 AMENDMENTS.

8 In this Act, the term ‘‘Sikes Act’’ means the Act enti9 tled ‘‘An Act to promote effectual planning, development,

10 maintenance, and coordination of wildlife, fish, and game
2

•S 1363 IS

1 conservation and rehabilitation in military reservations’’,

2 approved September 15, 1960 (16 U.S.C. 670a et seq.),

3 commonly referred to as the ‘‘Sikes Act’’.

4 SEC. 3. CODIFICATION OF SHORT TITLE OF ACT.

5 The Sikes Act (16 U.S.C. 670a et seq.) is amended

6 by inserting before title I the following new section:

7 ‘‘SECTION 1. SHORT TITLE.

8 ‘‘This Act may be cited as the ‘Sikes Act’.’’.

9 SEC. 4. PREPARATION OF INTEGRATED NATURAL RE10 SOURCES MANAGEMENT PLANS.

11 (a) IN GENERAL.—Section 101 of the Sikes Act (16

12 U.S.C. 670a(a)) is amended by striking out subsection (a)

13 and inserting in lieu thereof the following new subsection:

14 ‘‘(a) AUTHORITY OF SECRETARY OF DEFENSE.—

15 ‘‘(1) PROGRAM.—

16 ‘‘(A) IN GENERAL.—The Secretary of De17 fense shall carry out a program to provide for

18 the conservation and rehabilitation of natural

19 resources on military installations.

20 ‘‘(B) INTEGRATED NATURAL RESOURCES

21 MANAGEMENT PLAN.—To facilitate the pro22 gram, the Secretary of each military depart23 ment shall prepare and implement an inte24 grated natural resources management plan for

25 each military installation in the United States
3

•S 1363 IS

1 under the jurisdiction of the Secretary, unless

2 the Secretary determines that the absence of

3 significant natural resources on a particular in4 stallation makes preparation of such a plan in5 appropriate.

6 ‘‘(2) COOPERATIVE PREPARATION.—The Sec7 retary of a military department shall prepare each

8 integrated natural resources management plan for

9 which the Secretary is responsible in cooperation

10 with the Secretary of the Interior, acting through

11 the Director of the United States Fish and Wildlife

12 Service, and the head of each appropriate State fish

13 and wildlife agency for the State in which the mili14 tary installation concerned is located. Consistent

15 with paragraph (4), the resulting plan for the mili16 tary installation shall reflect the mutual agreement

17 of the parties concerning conservation, protection,

18 and management of fish and wildlife resources.

19 ‘‘(3) PURPOSES OF PROGRAM.—Consistent with

20 the use of military installations to ensure the pre21 paredness of the Armed Forces, the Secretaries of

22 the military departments shall carry out the pro23 gram required by this subsection to provide for—

24 ‘‘(A) the conservation and rehabilitation of

25 natural resources on military installations;
4

•S 1363 IS

1 ‘‘(B) the sustainable multipurpose use of

2 the resources, which shall include hunting, fish3 ing, trapping, and nonconsumptive uses; and

4 ‘‘(C) subject to safety requirements and

5 military security, public access to military in6 stallations to facilitate the use.

7 ‘‘(4) EFFECT ON OTHER LAW.—Nothing in this

8 title—

9 ‘‘(A)(i) affects any provision of a Federal

10 law governing the conservation or protection of

11 fish and wildlife resources; or

12 ‘‘(ii) enlarges or diminishes the responsibil13 ity and authority of any State for the protection

14 and management of fish and resident wildlife;

15 or

16 ‘‘(B) except as specifically provided in the

17 other provisions of this section and in section

18 102, authorizes the Secretary of a military de19 partment to require a Federal license or permit

20 to hunt, fish, or trap on a military installa21 tion.’’.

22 (b) CONFORMING AMENDMENTS.—Title I of the

23 Sikes Act is amended—

24 (1) in section 101(b)(4) (16 U.S.C.

25 670a(b)(4)), by striking out ‘‘cooperative plan’’ each
5

•S 1363 IS

1 place it appears and inserting in lieu thereof ‘‘inte2 grated natural resources management plan’’;

3 (2) in section 101(c) (16 U.S.C. 670a(c)), in

4 the matter preceding paragraph (1), by striking out

5 ‘‘a cooperative plan’’ and inserting in lieu thereof

6 ‘‘an integrated natural resources management plan’’;

7 (3) in section 101(d) (16 U.S.C. 670a(d)), in

8 the matter preceding paragraph (1), by striking out

9 ‘‘cooperative plans’’ and inserting in lieu thereof ‘‘in10 tegrated natural resources management plans’’;

11 (4) in section 101(e) (16 U.S.C. 670a(e)), by

12 striking out ‘‘Cooperative plans’’ and inserting in

13 lieu thereof ‘‘Integrated natural resources manage14 ment plans’’;

15 (5) in section 102 (16 U.S.C. 670b), by striking

16 out ‘‘a cooperative plan’’ and inserting in lieu there17 of ‘‘an integrated natural resources management

18 plan’’;

19 (6) in section 103 (16 U.S.C. 670c), by striking

20 out ‘‘a cooperative plan’’ and inserting in lieu there21 of ‘‘an integrated natural resources management

22 plan’’;

23 (7) in section 106(a) (16 U.S.C. 670f(a)), by

24 striking out ‘‘cooperative plans’’ and inserting in lieu
6

•S 1363 IS

1 thereof ‘‘integrated natural resources management

2 plans’’; and

3 (8) in section 106(c) (16 U.S.C. 670f(c)), by

4 striking out ‘‘cooperative plans’’ and inserting in lieu

5 thereof ‘‘integrated natural resources management

6 plans’’.

7 (c) REQUIRED ELEMENTS OF PLANS.—Section

8 101(b) of the Sikes Act (16 U.S.C. 670a(b)) is amended—

9 (1) by striking out ‘‘(b) Each cooperative’’ and

10 all that follows through the end of paragraph (1)

11 and inserting in lieu thereof the following:

12 ‘‘(b) REQUIRED ELEMENTS OF PLANS.—Consistent

13 with the use of military installations to ensure the pre14 paredness of the Armed Forces, each integrated natural

15 resources management plan prepared under subsection

16 (a)—

17 ‘‘(1) shall, to the extent appropriate and appli18 cable, provide for—

19 ‘‘(A) fish and wildlife management, land

20 management, forest management, and fish- and

21 wildlife-oriented recreation;

22 ‘‘(B) fish and wildlife habitat enhancement

23 or modifications;
7

•S 1363 IS

1 ‘‘(C) wetland protection, enhancement, and

2 restoration, where necessary for support of fish,

3 wildlife, or plants;

4 ‘‘(D) integration of, and consistency

5 among, the various activities conducted under

6 the plan;

7 ‘‘(E) establishment of specific natural re8 source management goals and objectives and

9 time frames for proposed action;

10 ‘‘(F) sustainable use by the public of natu11 ral resources to the extent that the use is not

12 inconsistent with the needs of fish and wildlife

13 resources;

14 ‘‘(G) public access to the military installa15 tion that is necessary or appropriate for the use

16 described in subparagraph (F), subject to re17 quirements necessary to ensure safety and mili18 tary security;

19 ‘‘(H) enforcement of applicable natural re20 source laws (including regulations);

21 ‘‘(I) no net loss in the capability of mili22 tary installation lands to support the military

23 mission of the installation; and
8

•S 1363 IS

1 ‘‘(J) such other activities as the Secretary

2 of the military department determines appro3 priate;’’;

4 (2) in paragraph (2), by adding ‘‘and’’ at the

5 end;

6 (3) by striking out paragraph (3);

7 (4) by redesignating paragraph (4) as para8 graph (3); and

9 (5) in paragraph (3)(A) (as so redesignated), by

10 striking out ‘‘collect the fees therefor,’’ and inserting

11 in lieu thereof ‘‘collect, spend, administer, and ac12 count for fees for the permits,’’.

13 SEC. 5. REVIEW FOR PREPARATION OF INTEGRATED NATU14 RAL RESOURCES MANAGEMENT PLANS.

15 (a) DEFINITIONS.—In this section, the terms ‘‘mili16 tary installation’’ and ‘‘United States’’ have the meanings

17 provided in section 100 of the Sikes Act (as added by sec18 tion 11).

19 (b) REVIEW OF MILITARY INSTALLATIONS.—

20 (1) REVIEW.—Not later than 270 days after

21 the date of enactment of this Act, the Secretary of

22 each military department shall—

23 (A) review each military installation in the

24 United States that is under the jurisdiction of

25 that Secretary to determine the military instal-
9

•S 1363 IS

1 lations for which the preparation of an inte2 grated natural resources management plan

3 under section 101 of the Sikes Act (as amended

4 by this Act) is appropriate; and

5 (B) submit to the Secretary of Defense a

6 report on the determinations.

7 (2) REPORT TO CONGRESS.—Not later than one

8 year after the date of enactment of this Act, the

9 Secretary of Defense shall submit to Congress a re10 port on the reviews conducted under paragraph (1).

11 The report shall include—

12 (A) a list of the military installations re13 viewed under paragraph (1) for which the Sec14 retary of the appropriate military department

15 determines that the preparation of an inte16 grated natural resources management plan is

17 not appropriate; and

18 (B) for each of the military installations

19 listed under subparagraph (A), an explanation

20 of each reason such a plan is not appropriate.

21 (c) DEADLINE FOR INTEGRATED NATURAL RE22 SOURCES MANAGEMENT PLANS.—Not later than three

23 years after the date of the submission of the report re24 quired under subsection (b)(2), the Secretary of each mili25 tary department shall, for each military installation with
10

•S 1363 IS

1 respect to which the Secretary has not determined under

2 subsection (b)(2)(A) that preparation of an integrated

3 natural resources management plan is not appropriate—

4 (1) prepare and begin implementing such a plan

5 in accordance with section 101(a) of the Sikes Act

6 (as amended by this Act); or

7 (2) in the case of a military installation for

8 which there is in effect a cooperative plan under sec9 tion 101(a) of the Sikes Act on the day before the

10 date of enactment of this Act, complete negotiations

11 with the Secretary of the Interior and the heads of

12 the appropriate State agencies regarding changes to

13 the plan that are necessary for the plan to constitute

14 an integrated natural resources management plan

15 that complies with that section, as amended by this

16 Act.

17 (d) PUBLIC COMMENT.—The Secretary of each mili18 tary department shall provide an opportunity for the sub19 mission of public comments on—

20 (1) integrated natural resources management

21 plans proposed under subsection (c)(1); and

22 (2) changes to cooperative plans proposed under

23 subsection (c)(2).
11

•S 1363 IS

1 SEC. 6. TRANSFER OF WILDLIFE CONSERVATION FEES

2 FROM CLOSED MILITARY INSTALLATIONS.

3 Section 101(b)(3)(B) of the Sikes Act (16 U.S.C.

4 670a(b)) (as redesignated by section 4(c)(4)) is amended

5 by inserting before the period at the end the following:

6 ‘‘, unless the military installation is subsequently closed,

7 in which case the fees may be transferred to another mili8 tary installation to be used for the same purposes’’.

9 SEC. 7. ANNUAL REVIEWS AND REPORTS.

10 Section 101 of the Sikes Act (16 U.S.C. 670a) is

11 amended by adding at the end the following new sub12 section:

13 ‘‘(f) REVIEWS AND REPORTS.—

14 ‘‘(1) SECRETARY OF DEFENSE.—Not later than

15 March 1 of each year, the Secretary of Defense shall

16 review the extent to which integrated natural re17 sources management plans were prepared or were in

18 effect and implemented in accordance with this title

19 in the preceding year, and submit a report on the

20 findings of the review to the committees. Each re21 port shall include—

22 ‘‘(A) the number of integrated natural re23 sources management plans in effect in the year

24 covered by the report, including the date on

25 which each plan was issued in final form or

26 most recently revised;
12

•S 1363 IS

1 ‘‘(B) the amounts expended on conserva2 tion activities conducted pursuant to the plans

3 in the year covered by the report; and

4 ‘‘(C) an assessment of the extent to which

5 the plans comply with this title.

6 ‘‘(2) SECRETARY OF THE INTERIOR.—Not later

7 than March 1 of each year and in consultation with

8 the heads of State fish and wildlife agencies, the

9 Secretary of the Interior shall submit a report to the

10 committees on the amounts expended by the Depart11 ment of the Interior and the State fish and wildlife

12 agencies in the year covered by the report on con13 servation activities conducted pursuant to integrated

14 natural resources management plans.

15 ‘‘(3) DEFINITION OF COMMITTEES.—In this

16 subsection, the term ‘committees’ means—

17 ‘‘(A) the Committee on Resources and the

18 Committee on National Security of the House

19 of Representatives; and

20 ‘‘(B) the Committee on Armed Services

21 and the Committee on Environment and Public

22 Works of the Senate.’’.

23 SEC. 8. COOPERATIVE AGREEMENTS.

24 Section 103a of the Sikes Act (16 U.S.C. 670c–1)

25 is amended—
13

•S 1363 IS

1 (1) in subsection (a), by striking out ‘‘Secretary

2 of Defense’’ and inserting in lieu thereof ‘‘Secretary

3 of a military department’’;

4 (2) by striking out subsection (b) and inserting

5 in lieu thereof the following new subsection:

6 ‘‘(b) MULTIYEAR AGREEMENTS.—Funds appro7 priated to the Department of Defense for a fiscal year may

8 be obligated to cover the cost of goods and services pro9 vided under a cooperative agreement entered into under

10 subsection (a) or through an agency agreement under sec11 tion 1535 of title 31, United States Code, during any 18-

12 month period beginning in that fiscal year, without regard

13 to whether the agreement crosses fiscal years.’’.

14 SEC. 9. FEDERAL ENFORCEMENT.

15 Title I of the Sikes Act is amended—

16 (1) by redesignating section 106 (16 U.S.C.

17 670f) as section 108; and

18 (2) by inserting after section 105 (16 U.S.C.

19 670e) the following new section:

20 ‘‘SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.

21 ‘‘All Federal laws relating to the management of nat22 ural resources on Federal land may be enforced by the

23 Secretary of Defense with respect to violations of the laws

24 that occur on military installations within the United

25 States.’’.
14

•S 1363 IS

1 SEC. 10. NATURAL RESOURCES MANAGEMENT SERVICES.

2 Title I of the Sikes Act is amended by inserting after

3 section 106 (as added by section 9) the following new sec4 tion:

5 ‘‘SEC. 107. NATURAL RESOURCES MANAGEMENT SERVICES.

6 ‘‘To the extent practicable using available resources,

7 the Secretary of each military department shall ensure

8 that sufficient numbers of professionally trained natural

9 resources management personnel and natural resources

10 law enforcement personnel are available and assigned re11 sponsibility to perform tasks necessary to carry out this

12 title, including the preparation and implementation of in13 tegrated natural resources management plans.’’.

14 SEC. 11. DEFINITIONS.

15 Title I of the Sikes Act is amended by inserting be16 fore section 101 (16 U.S.C. 670a) the following new sec17 tion:

18 ‘‘SEC. 100. DEFINITIONS.

19 ‘‘In this title:

20 ‘‘(1) MILITARY INSTALLATION.—The term

21 ‘military installation’—

22 ‘‘(A) means any land or interest in land

23 owned by the United States and administered

24 by the Secretary of Defense or the Secretary of

25 a military department, except land under the
15

•S 1363 IS

1 jurisdiction of the Assistant Secretary of the

2 Army having responsibility for civil works;

3 ‘‘(B) includes all public lands withdrawn

4 from all forms of appropriation under public

5 land laws and reserved for use by the Secretary

6 of Defense or the Secretary of a military de7 partment; and

8 ‘‘(C) does not include any land described

9 in subparagraph (A) or (B) that is subject to

10 an approved recommendation for closure under

11 the Defense Base Closure and Realignment Act

12 of 1990 (part A of title XXIX of Public Law

13 101–510; 10 U.S.C. 2687 note).

14 ‘‘(2) STATE FISH AND WILDLIFE AGENCY.—The

15 term ‘State fish and wildlife agency’ means the one

16 or more agencies of State government that are re17 sponsible under State law for managing fish or wild18 life resources.

19 ‘‘(3) UNITED STATES.—The term ‘United

20 States’ means the States, the District of Columbia,

21 and the territories and possessions of the United

22 States.’’.

23 SEC. 12. REPEAL OF SUPERSEDED PROVISION.

24 Section 2 of the Act of October 27, 1986 (Public Law

25 99–561; 16 U.S.C. 670a–1), is repealed.
16

•S 1363 IS

1 SEC. 13. TECHNICAL AMENDMENTS.

2 Title I of the Sikes Act, as amended by this Act, is

3 amended—

4 (1) in the heading for the title, by striking out

5 ‘‘MILITARY RESERVATIONS’’ and inserting in

6 lieu thereof ‘‘MILITARY INSTALLATIONS’’;

7 (2) in section 101(b)(3) (16 U.S.C.

8 670a(b)(3)), as redesignated by section 4(c)(4)—

9 (A) in subparagraph (A), by striking out

10 ‘‘the reservation’’ and inserting in lieu thereof

11 ‘‘the installation’’; and

12 (B) in subparagraph (B), by striking out

13 ‘‘the military reservation’’ and inserting in lieu

14 thereof ‘‘the military installation’’;

15 (3) in section 101(c) (16 U.S.C. 670a(c))—

16 (A) in paragraph (1), by striking out ‘‘a

17 military reservation’’ and inserting in lieu

18 thereof ‘‘a military installation’’; and

19 (B) in paragraph (2), by striking out ‘‘the

20 reservation’’ and inserting in lieu thereof ‘‘the

21 installation’’;

22 (4) in section 101(e) (16 U.S.C. 670a(e)), by

23 striking ‘‘the Federal Grant and Cooperative Agree24 ment Act of 1977 (41 U.S.C. 501 et seq.)’’ and in25 serting ‘‘chapter 63 of title 31, United States Code’’;
17

•S 1363 IS

1 (5) in section 102 (16 U.S.C. 670b), by striking

2 out ‘‘military reservations’’ and inserting in lieu

3 thereof ‘‘military installations’’; and

4 (6) in section 103 (16 U.S.C. 670c)—

5 (A) by striking out ‘‘military reservations’’

6 and inserting in lieu thereof ‘‘military installa7 tions’’; and

8 (B) by striking out ‘‘such reservations’’

9 and inserting in lieu thereof ‘‘the installations’’.

10 SEC. 14. AUTHORIZATIONS OF APPROPRIATIONS.

11 (a) CONSERVATION PROGRAMS ON MILITARY IN12 STALLATIONS.—Subsections (b) and (c) of section 108 of

13 the Sikes Act (as redesignated by section 9(1)) are each

14 amended by striking out ‘‘1983’’ and all that follows

15 through ‘‘1993,’’ and inserting in lieu thereof ‘‘1998

16 through 2003,’’.

17 (b) CONSERVATION PROGRAMS ON PUBLIC LANDS.—

18 Section 209 of the Sikes Act (16 U.S.C. 670o) is amend19 ed—

20 (1) in subsection (a), by striking out ‘‘the sum

21 of $10,000,000’’ and all that follows through ‘‘to en22 able the Secretary of the Interior’’ and inserting in

23 lieu thereof ‘‘$4,000,000 for each of fiscal years

24 1998 through 2003, to enable the Secretary of the

25 Interior’’; and
18

•S 1363 IS

1 (2) in subsection (b), by striking out ‘‘the sum

2 of $12,000,000’’ and all that follows through ‘‘to en3 able the Secretary of Agriculture’’ and inserting in

4 lieu thereof ‘‘$5,000,000 for each of fiscal years

5 1998 through 2003, to enable the Secretary of Agri6 culture’’.

Æ