This Section provides for regulations governing compatibility determinations and requires that the Secretary issue final regulations pursuant to the new requirements within two years of H.R. 1420's enactment. After that time, all new uses of a refuge and all expansions, renewals, and extensions of existing uses must be determined to be compatible pursuant to these regulations. Compatibility determinations can be made concurrently with the development of the refuge comprehensive conservation plan. Compatibility determinations must be made in writing, and must identify the anticipated effects of the proposed use on refuge resources. Provision is made for expedited consideration of uses likely to have no detrimental effect.
Incompatible uses are to be eliminated or modified as expeditiously as possible.
Opportunity for public review and comment on individual compatibility determinations must be provided, unless such opportunities were adequately provided for during public involvement associated with the development or revision of a refuge conservation plan. Since the 1966 Act, the Secretary has been required, before permitting any use of a refuge, to determine that such use is compatible with the purposes for which the refuge was established. However, hearings on related legislation in recent years have made it clear that this requirement was often not consistently or rigorously applied. The Committee has heard concerns from a number of witnesses in recent years that a major reason for this problem was the lack of a clear standard or formal process to evaluate compatibility. Section 6 of H.R. 1420 addresses this problem by requiring formal written determinations of compatibility.