I
104TH CONGRESS
1ST SESSION
H. R. 1675
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 HOUSE OF REPRESENTATIVES
MAY 18, 1995
Mr. YOUNG of Alaska (for himself, Mr. DINGELL, Mr. HANSEN, Mr. BREW-
STER, Mr. DOOLITTLE, Mr. TAUZIN, Mr. PETE GEREN of Texas, Mr.
GALLEGLY, Mr. HAYES, Mr. CALVERT, Mr. ORTIZ, Mrs. LINCOLN, Mr.
HAYWORTH, Mr. CREMEANS, Mrs. CUBIN, Mr. COOLEY, Mr. SHADEGG,
Mr. WATTS of Oklahoma, and Mr. THORNBERRY) introduced the follow-
ing bill; which was referred to the Committee on Resources
A BILL
To amend the National Wildlife Refuge System Administra-
tion Act of 1966 to improve the management of the
National Wildlife Refuge System, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Wildlife Refuge Improvement Act of 1995’’.
(b) REFERENCES.—Whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or provision
of the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 688dd et seq.).
SEC. 2. DEFINITIONS.
(a) IN GENERAL.—Section 5 (16 U.S.C. 668ee) is
amended to read as follows:
‘‘SEC. 5. DEFINITIONS.
‘‘For purposes of this Act:
‘‘(1) The term ‘compatible use’ means a use
that will not have a materially detrimental effect on
the fulfillment of the purposes of a refuge or the
purposes of the System specified in section 4(a)(3),
as determined by sound resource management, and
based on reliable scientific information.
‘‘(2) The terms ‘conserving’, ‘conservation’,
‘manage’, ‘managing’, and ‘management’, when used
with respect to fish and wildlife, mean to use, in ac-
cordance with applicable Federal and State laws,
methods and procedures associated with modern sci-
entific resource programs including protection, re-
search, census, law enforcement, habitat manage-
ment, propagation, live trapping and transplan-
tation, and regulated taking.
‘‘(3) The term ‘Director’ means the Director of
the United States Fish and Wildlife Service.
‘‘(4) The terms ‘fish’, ‘wildlife’, and ‘fish and
wildlife’ mean any wild member of the animal king-
dom whether alive or dead, and regardless of wheth-
er the member was bred, hatched, or born in cap-
tivity, including a part, product, egg, or offspring of
the member.
‘‘(5) The term ‘person’ means any individual,
partnership, corporation or association.
‘‘(6) The term ‘plant’ means any member of the
plant kingdom in a wild, unconfined state, including
any plant community, seed, root, or other part of a
plant.
‘‘(7) The terms ‘purposes of the refuge’ and
‘purposes of each refuge’ mean the purposes speci-
fied in or derived from the law, proclamation, execu-
tive order, agreement, public land order, donation
document, or administrative memorandum establish-
ing, authorizing, or expanding a refuge, refuge unit,
or refuge subunit.
‘‘(8) The term ‘refuge’ means a designated area
of land, water, or an interest in land or water within
the System, but does not include navigational ser-
vitudes.
‘‘(9) The term ‘Secretary’ means the Secretary
of the Interior.
‘‘(10) The terms ‘State’ and ‘United States’
mean the several States of the United States, Puerto
Rico, American Samoa, the Virgin Islands, and
Guam.
‘‘(11) The term ‘System’ means the National
Wildlife Refuge System designated under section
4(a)(1).
‘‘(12) The terms ‘take’, ‘taking’, or ‘taken’
mean to pursue, hunt, shoot, capture, collect, or kill,
or to attempt to pursue, hunt, shoot, capture, col-
lect, or kill.’’.
(b) CONFORMING
AMENDMENT.—Section 4 (16
U.S.C. 668dd) is amended by striking ‘‘Secretary of the
Interior’’ each place it appears and inserting ‘‘Secretary’’.
SEC. 3. MISSION AND PURPOSES OF THE SYSTEM.
Section 4(a) (16 U.S.C. 668dd(a)) is amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (5) and (6), respectively;
(2) in clause (i) of paragraph (6) (as so redesig-
nated), by striking ‘‘paragraph (2)’’ and inserting
‘‘paragraph (5)’’; and
(3) by inserting after paragraph (1) the follow-
ing new paragraphs:
‘‘(2) The overall mission of the System is to conserve
and manage fish, wildlife, and plants and their habitats
within the System for the benefit of present and future
generations of the people of the United States.
‘‘(3) The purposes of the System are equally—
‘‘(A) to provide a national network of lands and
waters designed to conserve and manage fish, wild-
life, and plants and their habitats;
‘‘(B) to conserve, manage, and where appro-
priate restore fish and wildlife populations, plant
communities, and refuge habitats within the System;
‘‘(C) to conserve and manage migratory birds,
anadromous or interjurisdictional fish species, and
marine mammals within the System;
‘‘(D) to provide opportunities as appropriate for
fish- and wildlife-dependent recreation, including
fishing and hunting, wildlife observation, and envi-
ronmental education;
‘‘(E) to preserve, restore, and recover fish, wild-
life, and plants within the System that are listed or
are candidates for threatened species or endangered
species under section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533) and the habitats on
which these species depend; and
‘‘(F) to fulfill as appropriate international trea-
ty obligations of the United States with respect to
fish, wildlife, and plants, and their habitats.’’.
SEC. 4. ADMINISTRATION OF THE SYSTEM.
(a) ADMINISTRATION, GENERALLY.—Section 4(a)
(16 U.S.C. 668dd(a)) (as amended by section 3 of this
Act) is further amended by inserting after new paragraph
(3) the following new paragraph:
‘‘(4) In administering the System, the Secretary
shall—
‘‘(A) ensure that the mission and purposes
of the System described in paragraphs (2) and
(3), respectively, and the purposes of each ref-
uge are carried out, except that if a conflict ex-
ists between the purposes of a refuge and any
purpose of the System, the conflict shall be re-
solved in a manner that first protects the pur-
poses of the refuge, and, to the extent prac-
ticable, that also achieves the purposes of the
System;
‘‘(B) provide for conservation of fish and
wildlife and their habitats within the System by
ensuring effective coordination, interaction, and
cooperation with owners of land adjoining ref-
uges and the fish and wildlife agency of the
States in which the units of the System are lo-
cated;
‘‘(C) assist in the maintenance of adequate
water quantity and water quality to fulfill the
purposes of the System and the purposes of
each refuge;
‘‘(D) acquire under State law through pur-
chase, exchange, or donation water rights that
are needed for refuge purposes; and
‘‘(E) plan, propose, and direct appropriate
expansion of the System in the manner that is
best designed to accomplish the purposes of the
System and the purposes of each refuge and to
complement efforts of States and other Federal
agencies to conserve fish and wildlife and their
habitats.’’.
(b) POWERS.—Section 4(b) (16 U.S.C. 668dd(b)) is
amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘authorized—’’ and inserting ‘‘authorized to
take the following actions:’’;
(2) in paragraph (1) by striking ‘‘to enter’’ and
inserting ‘‘Enter’’;
(3) in paragraph (2)—
(A) by striking ‘‘to accept’’ and inserting
‘‘Accept’’; and
(B) by striking ‘‘, and’’ and inserting a pe-
riod;
(4) in paragraph (3) by striking ‘‘to acquire’’
and inserting ‘‘Acquire’’; and
(5) by adding at the end the following new
paragraph:
‘‘(4) Enter into cooperative agreements with
State fish and wildlife agencies, pursuant to stand-
ards established by the Director, for the manage-
ment of all or parts of a unit or units within the
System consistent with this Act.’’.
SEC. 5. COMPATIBILITY STANDARDS AND PROCEDURES.
Section 4(d) (16 U.S.C. 668dd(d)) is amended by
adding at the end the following new paragraph:
‘‘(3)(A)(i) On and after the date that is 3 years
after the date of the enactment of the National
Wildlife Refuge Improvement Act of 1995, the Sec-
retary shall not initiate or permit a new use of a ref-
uge or expand, renew, or extend an existing use of
a refuge, unless the Secretary has determined that
the use is compatible with the purposes of the refuge
and the purposes of the System specified in sub-
section (a)(3).
‘‘(ii) On lands added to the System after the
date of the enactment of the National Wildlife Ref-
uge Improvement Act of 1995 existing uses of any
refuge, including fishing and hunting, shall be per-
mitted to continue on an interim basis until the Sec-
retary determines that these uses are not compatible
with the purposes of the refuge or with the purposes
of the System specified in subsection (a)(3) or are
otherwise inconsistent with this Act.
‘‘(iii) The Secretary shall permit fishing and
hunting on a refuge if the Secretary determines that
the activities are consistent with the principles of
sound fish and wildlife management, are compatible
with the purposes of the refuge and the purposes of
the System specified in subsection (a)(3), and are
consistent with public safety. No other determina-
tions or findings, except the determination of con-
sistency with State laws and regulations provided for
in subsection (m), are required to be made for fish-
ing and hunting to occur. The Secretary may make
the determination referred to in this paragraph for
a refuge concurrently with the development of a con-
servation plan for the refuge under subsection (e).
‘‘(B) Not later than 24 months after the date
of the enactment of the National Wildlife Refuge
Improvement Act of 1995, the Secretary shall issue
final regulations establishing the process for deter-
mining a compatible use under subparagraph (A)
that—
‘‘(i) designate the refuge officer responsible
for making initial compatibility determinations;
‘‘(ii) require an estimate of the timeframe,
location, manner, and purpose of each use;
‘‘(iii) identify the effects of each use on
refuge resources and purposes of each refuge;
‘‘(iv) require that compatibility determina-
tions be made in writing;
‘‘(v) provide for the expedited consider-
ation of uses that will likely have no materially
detrimental effect on the fulfillment of the pur-
poses of a refuge or the purposes of the System
specified in subsection (a)(3);
‘‘(vi) provide for the elimination or modi-
fication of any use as expeditiously as prac-
ticable after a determination is made that the
use is not compatible;
‘‘(vii) require, after an opportunity for
public comment, reevaluation of each existing
use, other than those uses specified in clause
(viii), when conditions under which the use is
permitted change significantly or when there is
significant new information regarding the ef-
fects of the use, but not less frequently than
once every 4 years, to ensure that the use re-
mains compatible with the purposes of the ref-
uge and the purposes of the System specified in
subsection (a)(3);
‘‘(viii) require reevaluation of each fish and
wildlife-dependent recreational use when condi-
tions under which the use is permitted change
significantly or when there is significant new in-
formation regarding the effects of the use, but
not less frequently than in conjunction with
each preparation or revision of a conservation
plan under subsection (e) or at least every 15
years;
‘‘(ix) provide an opportunity for public re-
view and comment on each evaluation of a use,
unless an opportunity for public review and
comment on the evaluation of the use has al-
ready been provided during the development or
revision of a conservation plan for the refuge
under subsection (e) or has otherwise been pro-
vided during routine, periodic determinations of
compatibility for fish- and wildlife-dependent
recreational uses; and
‘‘(x) provide that when managed in accord-
ance with principles of sound fish and wildlife
management, fishing and hunting in a refuge
are generally compatible with the conservation
of fish and wildlife and plants and their habi-
tats and have no materially detrimental effect
on the fulfillment of the purposes of the refuge
and the purposes of the System.
‘‘(4) The provisions of this Act relating to de-
terminations of the compatibility of a use shall not
apply to—
‘‘(A) overflights within the airspace of a
refuge, except as otherwise provided by law or
a memorandum of understanding with the Sec-
retary;
‘‘(B)(i) a Federal navigation or commu-
nication aid that exists on any refuge on the
date of the enactment of the National Wildlife
Refuge Improvement Act of 1995 or on lands
at the time the lands are added to the System;
or
‘‘(ii) the routine maintenance of estab-
lished access to, and replacement of, such an
aid, if replacement of the aid has no greater im-
pact on wildlife resources than the original aid
and utilizes no more land;
‘‘(C) a highway right-of-way in existence
within any refuge on the date of enactment of
the National Wildlife Refuge Improvement Act
of 1995 and routine maintenance of the right-
of-way, if to the maximum extent practicable
the right-of-way is managed and maintained so
as to be compatible with the purposes of the
refuge; and
‘‘(D) activities authorized, funded, or con-
ducted by a Federal agency (other than the
United States Fish and Wildlife Service) which
has primary jurisdiction over the refuge or a
portion of the refuge, if the management of
those activities is in accordance with a memo-
randum of understanding between the Secretary
and the head of the Federal agency with pri-
mary jurisdiction over the refuge governing the
use of the refuge.’’.
SEC. 6. REFUGE CONSERVATION PLANNING PROGRAM.
(a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) is
amended—
(1) by redesignating subsections (e) through (i)
as subsections (f) through (j), respectively; and
(2) by inserting after subsection (d) the follow-
ing new subsection:
‘‘(e)(1)(A) Except with respect to refuge lands in
Alaska (which shall be governed by the refuge planning
provisions of the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 3101 et seq.)), the Secretary
shall—
‘‘(i) propose a comprehensive conservation plan
for each refuge or related complex of refuges (re-
ferred to in this subsection as a ‘planning unit’) in
the System;
‘‘(ii) publish a notice of opportunity for public
comment in the Federal Register on each proposed
conservation plan;
‘‘(iii) issue a final conservation plan for each
planning unit consistent with the provisions of this
Act and with fish and wildlife conservation plans of
the State in which the refuge is located; and
‘‘(iv) not less frequently than 15 years after the
date of issuance of a conservation plan under clause
(iii) and every 15 years thereafter, revise the con-
servation plan as may be necessary.
‘‘(B) The Secretary shall prepare a comprehensive
conservation plan under this subsection for each refuges
within 15 years after the date of enactment of the Na-
tional Wildlife Refuge Improvement Act of 1995.
‘‘(C)(i) The Secretary shall manage each refuge or
planning unit under plans in effect on the date of enact-
ment of the National Wildlife Refuge Improvement Act of
1995, to the extent such plans are consistent with this
Act, until such plans are revised or superseded by new
comprehensive conservation plans issued under this sub-
section.
‘‘(D) Uses or activities consistent with this Act may
occur on any refuge or planning unit before existing plans
are revised or new comprehensive conservation plans are
issued under this subsection.
‘‘(E) Upon completion of a comprehensive conserva-
tion plan under this subsection for a refuge or planning
unit, the Secretary shall manage the refuge or planning
unit in a manner consistent with the plan and shall revise
the plan at any time if the Secretary determines that con-
ditions that affect the refuge or planning unit have
changed significantly.
‘‘(2) In developing each comprehensive conservation
plan under this subsection for a planning unit, the Sec-
retary, acting through the Director, shall identify and de-
scribe—
‘‘(A) the purposes of each refuge comprising
the planning unit and the purposes of the System
applicable to those refuges;
‘‘(B) the distribution, migration patterns, and
abundance of fish, wildlife, and plant populations
and related habitats within the planning unit;
‘‘(C) the archaeological and cultural values of
the planning unit;
‘‘(D) such areas within the planning unit that
are suitable for use as administrative sites or visitor
facilities;
‘‘(E) significant problems that may adversely
affect the populations and habitats of fish, wildlife,
and plants within the planning unit and the actions
necessary to correct or mitigate such problems; and
‘‘(F) the opportunities for fish- and wildlife-de-
pendent recreation, including fishing and hunting,
environmental education, interpretation of the re-
sources and values of the planning unit, and other
uses that may contribute to refuge management.
‘‘(3) In preparing each comprehensive conservation
plan under this subsection, and any revision to such a
plan, the Secretary, acting through the Director, shall, to
the maximum extent practicable and consistent with this
Act—
‘‘(A) consult with adjoining Federal, State,
local, and private landowners and affected State con-
servation agencies; and
‘‘(B) coordinate the development of the con-
servation plan or revision of the plan with relevant
State conservation plans for fish and wildlife and
their habitats.
‘‘(4)(A) In accordance with subparagraph (B), the
Secretary shall develop and implement a process to ensure
an opportunity for active public involvement in the prepa-
ration and revision of comprehensive conservation plans
under this subsection. At a minimum, the Secretary shall
require that publication of any final plan shall include a
summary of the comments made by States, adjacent or
potentially affected landowners, local governments, and
any other affected parties, together with a statement of
the disposition of concerns expressed in those comments.
‘‘(B) Prior to the adoption of each comprehensive
conservation plan under this subsection, the Secretary
shall issue public notice of the draft proposed plan, make
copies of the plan available at the affected field and re-
gional offices of the United States Fish and Wildlife Serv-
ice, and provide opportunity for public comment.’’.
SEC. 7. EMERGENCY POWER; STATE AUTHORITY; WATER
RIGHTS; COORDINATION; AUTHORIZATION OF
APPROPRIATIONS.
Section 4 (16 U.S.C. 668dd) is further amended by
adding at the end the following new subsections:
‘‘(k) Notwithstanding any other provision of this Act
the Secretary may temporarily suspend, allow, or initiate
any activity in a refuge in the System in the event of any
emergency that constitutes an imminent danger to the
health and safety of the public or any fish or wildlife popu-
lation.
‘‘(l) Nothing in this Act shall be construed to author-
ize the Secretary to control or regulate hunting or fishing
of fish and resident wildlife on lands or waters not within
the System.
‘‘(m) Nothing in this Act shall be construed as affect-
ing the primary authority, jurisdiction, or responsibility of
the several States to manage, control, or regulate fish and
resident wildlife under State law or regulations in any area
within the System. Regulations permitting hunting or fish-
ing of fish and resident wildlife within the System shall
be, to the extent practicable, consistent with State fish and
wildlife laws and regulations.
‘‘(n)(1) Nothing in this Act shall create a reserved
water right, express or implied, in the United States for
any purpose. This Act does not affect any Federal or State
law in existence on the date of the enactment of this Act
regarding water quality or water quantity.
‘‘(2) Adjudication of water rights, if any, that may
exist appurtenant to refuge units shall be pursued initially
in available State administrative or judicial forums.
‘‘(o) Coordination with State fish and wildlife agency
personnel or with personnel of other affected State agen-
cies pursuant to this Act shall not be subject to the Fed-
eral Advisory Committee Act.’’.
SEC. 8. CONFORMING AMENDMENT.
Section 4(a)(3)(i) (16 U.S.C. 668dd(a)(3)(i)) is
amended by striking ‘‘paragraph (2)’’ and inserting ‘‘para-
graph (5)’’.
Æ
HR 1675 IH——2