I

106TH CONGRESS

1ST SESSION H. R. 1284

To provide for protection of the Minnesota Valley National Wildlife Refuge

and endangered species and other protected species of fish and wildlife

that inhabit or use that refuge, to ensure that scarce wildlife refuge

land in and around the Minneapolis, Minnesota, metropolitan area is

not subjected to physical or auditory impairment, and to ensure that

the National Environmental Policy Act of 1969 is adequately implemented.

IN THE HOUSE OF REPRESENTATIVES

MARCH 25, 1999

Mr. YOUNG of Alaska (for himself, Mr. POMBO, Mr. SCHAFFER, and Mr.

RADANOVICH) introduced the following bill; which was referred to the

Committee on Resources

A BILL

To provide for protection of the Minnesota Valley National

Wildlife Refuge and endangered species and other protected species of fish and wildlife that inhabit or use

that refuge, to ensure that scarce wildlife refuge land

in and around the Minneapolis, Minnesota, metropolitan

area is not subjected to physical or auditory impairment,

and to ensure that the National Environmental Policy

Act of 1969 is adequately implemented.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Minnesota Valley Na3 tional Wildlife Refuge Protection Act of 1999’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) On September 21, 1998, the United States

7 Fish and Wildlife Service announced an agreement

8 with the Metropolitan Airports Commission of the

9 State of Minnesota, which is the public agency that

10 operates the Minneapolis-St. Paul International Air11 port. The agreement would allow construction of a

12 new runway for that airport that would have severe

13 impacts on the Minnesota Valley National Wildlife

14 Refuge.

15 (2) The agreement authorizes impacts of a

16 major runway expansion that would allow more than

17 5,000 overflights per month at less than 2,000 feet

18 above the surface of the Minnesota Valley National

19 Wildlife Refuge.

20 (3) The Minnesota Valley National Wildlife

21 Refuge, in serving as an urban-oriented wildlife ref22 uge, is a sanctuary in the midst of the urban and

23 industrial sprawl of Minneapolis and St. Paul, Min24 nesota. Any agreement to allow scores of jumbo jets

25 each day to fly any closer to the one place of sanc-
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1 tuary for wildlife in that region violates the very

2 concept of providing places of refuge for wildlife.

3 (4) A disparity exists in the treatment of activi4 ties affecting various national wildlife refuges. Al5 though low altitude overflights would be allowed over

6 the Minnesota Valley National Wildlife Refuge, ac7 tivities that would have significantly fewer impacts

8 have been prohibited on or near other national wild9 life refuges located in rural areas. Even emergency

10 medical services necessary to save human lives have

11 not been allowed access to some national wildlife ref12 uges.

13 (5) The National Environmental Policy Act of

14 1969 (42 U.S.C. 4321 et seq.) requires that for

15 every major Federal action an environmental impact

16 statement must be prepared that describes and miti17 gates for the impacts of the action on the environ18 ment.

19 (6) The environmental impact statement pre20 pared with respect to expansion of the Minneapolis21 St. Paul International Airport is totally inadequate,

22 because it fails to adequately determine and describe

23 the impacts of 5,000 overflights per month below an

24 altitude of 2,000 feet on endangered species, threat25 ened species, and other protected species of fish and
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1 wildlife in the Minnesota Valley National Wildlife

2 Refuge.

3 SEC. 3. MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE

4 PROTECTION.

5 (a) MORATORIUM ON IMPLEMENTATION OF AGREE6 MENT.—The Secretary of the Interior and the United

7 States Fish and Wildlife Service shall not implement any

8 agreement entered into before the date of the enactment

9 of this Act that would have the effect of allowing expan10 sion of the Minneapolis-St. Paul International Airport be11 yond the capacity of that airport on that date of enact12 ment.

13 (b) ENVIRONMENTAL REVIEW.—

14 (1) EXISTING ENVIRONMENTAL IMPACT STATE15 MENT NOT EFFECTIVE.—The environmental impact

16 statement prepared by the Department of Transpor17 tation and the Minneapolis-St. Paul Airport Com18 mission with respect to the expansion of the Min19 neapolis-St. Paul International Airport, dated May

20 1998, shall have no force or effect.

21 (2) PREPARATION OF NEW ENVIRONMENTAL

22 IMPACT STATEMENT REQUIRED—A new environ23 mental impact statement with respect to the expan24 sion of the Minneapolis-St. Paul International Air25 port shall be prepared in accordance with the Na-
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1 tional Environmental Policy Act of 1969 (42 U.S.C.

2 4321 et seq.) before the date on which construction

3 is begun to expand that airport, that—

4 (A) fully determines and describes the im5 pacts, on each species of fish or wildlife that in6 habits or uses the Minnesota Valley National

7 Wildlife Refuge and is listed under section 4(c)

8 of the Endangered Species Act of 1973 (16

9 U.S.C. 1533(c)) or otherwise protected under

10 Federal or Minnesota State law, of increases in

11 overflights of the refuge resulting from the ex12 pansion; and

13 (B) includes a determination of whether

14 consultation is required under section 7(a)(2) of

15 the Endangered Species Act of 1973 (16 U.S.C.

16 1536(a)(2)) with respect to that expansion.

17 (c) REPORT.—Not later than 60 days after the date

18 of the enactment of this Act, the Secretary of the Interior

19 shall report to the Congress regarding whether the activi20 ties associated with expansion of the Minneapolis-St. Paul

21 International Airport or additional overflights of the Min22 nesota Valley National Wildlife Refuge by air traffic using

23 that airport may constitute a taking of an endangered spe24 cies or threatened species of fish or wildlife prohibited by
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1 the Endangered Species Act of 1973 (16 U.S.C. 1531 et

2 seq.).

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