Union Calendar No. 64
105TH CONGRESS
1ST SESSION
H. R. 1420
[Report No. 105–106]
A BILL
To amend the National Wildlife Refuge System Ad-
ministration Act of 1966 to improve the manage-
ment of the National Wildlife Refuge System,
and for other purposes.
MAY 21, 1997
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 64
105TH CONGRESS
1ST SESSION
H. R. 1420
[Report No. 105–106]
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
APRIL 23, 1997
Mr. YOUNG of Alaska (for himself, Mr. DINGELL, Mr. SAXTON, Mr. TANNER,
and Mr. CUNNINGHAM) introduced the following bill; which was referred
to the Committee on Resources
MAY 21, 1997
Additional sponsors: Mr. MILLER of California, Mr. CLEMENT, and Mr.
ABERCROMBIE
MAY 21, 1997
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
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 System Improvement Act of
1997’’.
(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. 668dd et seq.).
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The National Wildlife Refuge System is
comprised of over 92,000,000 acres of Federal lands
that have been incorporated within 509 individual
units located in all 50 States and our territories.
(2) The System was created to conserve fish,
wildlife, and plants and their habitats and this con-
servation mission has been facilitated by providing
Americans opportunities to participate in compatible
wildlife-dependent recreation, including fishing and
hunting, on System lands and to better appreciate
the value of and need for fish and wildlife conserva-
tion.
(3) The System serves a pivotal role in the con-
servation of migratory birds, anadromous and inter-
jurisdictional fish, marine mammals, endangered and
threatened species, and the habitats on which these
species depend.
(4) The System assists in the fulfillment of im-
portant international treaty obligations of the Unit-
ed States with regard to fish, wildlife, and plants
and their habitats.
(5) The System includes lands purchased not
only through the use of tax dollars but also through
the sale of Duck Stamps and refuge entrance fees.
It is a System that is financially supported by those
benefiting from and utilizing it.
(6) When managed in accordance with prin-
ciples of sound fish and wildlife management and
administration, fishing, hunting, wildlife observation,
and environmental education in refuges have been
and are expected to continue to be generally compat-
ible uses.
(7) On March 25, 1996, the President issued
Executive Order 12996 which recognized ‘‘compat-
ible wildlife-dependent recreational uses involving
hunting, fishing, wildlife observation and photog-
raphy, and environmental education and interpreta-
tion as priority public uses of the Refuge System’’.
(8) Executive Order 12996 is a positive step
and serves as the foundation for the permanent stat-
utory changes made by this Act.
SEC. 3. 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, in the sound professional judgment of the Di-
rector, will not materially interfere with or detract
from the fulfillment of the mission of the System or
the purposes of a refuge.
‘‘(2) The terms ‘wildlife-dependent recreation’
and ‘wildlife-dependent recreational use’ mean a use
of a refuge involving hunting, fishing, wildlife obser-
vation and photography, or environmental education
and interpretation.
‘‘(3) The term ‘sound professional judgment’
means a finding, determination, or decision that is
consistent with principles of sound fish and wildlife
management and administration, available science
and resources, and adherence to the requirements of
this Act and other applicable laws.
‘‘(4) The terms ‘conserving’, ‘conservation’,
‘manage’, ‘managing’, and ‘management’, mean to
sustain and, where appropriate, restore and enhance,
healthy populations of fish, wildlife, and plants uti-
lizing, in accordance with applicable Federal and
State laws, methods and procedures associated with
modern scientific resource programs. Such methods
and procedures include, consistent with the provi-
sions of this Act, protection, research, census, law
enforcement, habitat management, propagation, live
trapping and transplantation, and regulated taking.
‘‘(5) The term ‘Coordination Area’ means a
wildlife management area that is made available to
a State—
‘‘(A) by cooperative agreement between the
United States Fish and Wildlife Service and the
State fish and game agency pursuant to section
4 of the Fish and Wildlife Coordination Act (16
U.S.C. 664); or
‘‘(B) by long-term leases or agreements
pursuant to the Bankhead-Jones Farm Tenant
Act (50 Stat. 525; 7 U.S.C. 1010 et seq.).
‘‘(6) The term ‘Director’ means the Director of
the United States Fish and Wildlife Service or his
designee.
‘‘(7) 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.
‘‘(8) The term ‘person’ means any individual,
partnership, corporation, or association.
‘‘(9) 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.
‘‘(10) 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.
‘‘(11) The term ‘refuge’ means a designated
area of land, water, or an interest in land or water
within the System, but does not include Coordina-
tion Areas.
‘‘(12) The term ‘Secretary’ means the Secretary
of the Interior.
management, and where appropriate, restoration of the
fish, wildlife and plant resources and their habitats within
the United States for the benefit of present and future
generations of Americans.’’.
SEC. 5. 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 (2)
the following new paragraphs:
‘‘(3) With respect to the System, it is the policy of
the United States of America that—
‘‘(A) each refuge shall be managed to fulfill the
mission of the System, as well as the specific pur-
poses for which that refuge was established;
‘‘(B) compatible wildlife-dependent recreation is
a legitimate and appropriate general public use of
the System, directly related to the mission of the
System and the purposes of many refuges, and
which generally fosters refuge management and
through which the American public can develop an
appreciation for fish and wildlife;
‘‘(C) compatible wildlife-dependent recreational
uses are the priority general public uses of the Sys-
tem and shall receive priority consideration in refuge
planning and management;
‘‘(D) when the Secretary determines that a pro-
posed wildlife-dependent recreational use is a com-
patible use within a refuge, that activity should be
facilitated, subject to such restrictions or regulations
as may be necessary, reasonable and appropriate.
‘‘(4) In administering the System, the Secretary
shall—
‘‘(A) provide for the conservation of fish, wild-
life, and plants, and their habitats within the Sys-
tem;
‘‘(B) ensure that the biological integrity, diver-
sity, and environmental health of the System are
maintained for the benefit of present and future
generations of Americans;
‘‘(C) plan and direct the continued growth of
the System in a manner that is best designed to ac-
complish the mission of the System, to contribute to
the conservation of the ecosystems of the United
States, to complement efforts of States and other
Federal agencies to conserve fish and wildlife and
their habitats and to increase support for the Sys-
tem and participation from conservation partners
and the public;
‘‘(D) ensure that the mission of the System de-
scribed in paragraph (2) and the purposes of each
refuge are carried out, except that if a conflict exists
between the purposes of a refuge and the mission of
the System, the conflict shall be resolved in a man-
ner that first protects the purposes of the refuge,
and, to the extent practicable, that also achieves the
mission of the System;
‘‘(E) ensure 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 located;
‘‘(F) assist in the maintenance of adequate
water quantity and water quality to fulfill the mis-
sion of the System and the purposes of each refuge;
‘‘(G) acquire, under State law, water rights that
are needed for refuge purposes;
‘‘(H) recognize compatible wildlife-dependent
recreational uses as the priority general public uses
of the System through which the American public
can develop an appreciation for fish and wildlife;
‘‘(I) ensure that opportunities are provided for
compatible wildlife-dependent recreational activities
within the System;
‘‘(J) ensure that priority general public uses re-
ceive enhanced consideration over other general pub-
lic uses in planning and management within the Sys-
tem;
‘‘(K) provide increased opportunities for fami-
lies to experience compatible wildlife-dependent
recreation, particularly opportunities for parents and
their children to safely engage in traditional outdoor
activities, such as fishing and hunting;
‘‘(L) continue, consistent with existing laws and
interagency agreements, authorized or permitted
uses of units of the System by other Federal agen-
cies, including those necessary to facilitate military
preparedness;
‘‘(M) ensure timely and effective cooperation
and collaboration with Federal agencies and State
fish and wildlife agencies during the course of ac-
quiring and managing refuges.’’.
(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) Subject to standards established by and the
overall management oversight of the Director, and consist-
ent with standards established by this Act, enter into coop-
erative agreements with State fish and wildlife agencies
for the management of programs on a refuge.’’.
SEC. 6. 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) Except as provided in clause (iv), the Sec-
retary shall not initiate or permit a new use of a refuge
or expand, renew, or extend an existing use of a refuge,
unless the Secretary has determined that the use is a com-
patible use and that the use is not inconsistent with public
safety. The Secretary may make the determinations re-
ferred to in this paragraph for a refuge concurrently with
development of a conservation plan under subsection (e).
‘‘(ii) On lands added to the System after March 25,
1996, the Secretary shall identify, prior to acquisition,
withdrawal, transfer, reclassification, or donation of any
such lands, existing compatible wildlife-dependent uses
that the Secretary determines shall be permitted to con-
tinue on an interim basis pending completion of the com-
prehensive conservation plan for the refuge.
‘‘(iii) Wildlife-dependent recreational uses may be au-
thorized on a refuge when they are compatible and not
inconsistent with public safety. Except for consideration
of consistency with State laws and regulations as provided
for in subsection (m), no other determinations or findings
are required to be made by the refuge official under this
Act or the Refuge Recreation Act for wildlife-dependent
recreation to occur.
‘‘(iv) Compatibility determinations in existence on the
date of enactment of this Act shall remain in effect until
and unless modified.
‘‘(B) Not later than 24 months after the date of the
enactment of the National Wildlife Refuge System Im-
provement Act of 1997, the Secretary shall issue final reg-
ulations establishing the process for determining under
subparagraph (A) whether a use of a refuge is a compat-
ible use. These regulations shall—
‘‘(i) designate the refuge official responsible for
making initial compatibility determinations;
‘‘(ii) require an estimate of the timeframe, loca-
tion, 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 determinations
be made in writing;
‘‘(v) provide for the expedited consideration of
uses that will likely have no detrimental effect on
the fulfillment of the purposes of a refuge or the
mission of the System;
‘‘(vi) provide for the elimination or modification
of any use as expeditiously as practicable after a de-
termination is made that the use is not a compatible
use;
‘‘(vii) require, after an opportunity for public
comment, reevaluation of each existing use, other
than those uses specified in clause (viii), when condi-
tions under which the use is permitted change sig-
nificantly or when there is significant new informa-
tion regarding the effects of the use, but not less
frequently than once every 10 years, to ensure that
the use remains a compatible use;
‘‘(viii) require, after an opportunity for public
comment, reevaluation of each compatible wildlife-
dependent recreational use when conditions under
which the use is permitted change significantly or
when there is significant new information 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; and
‘‘(ix) provide an opportunity for public review
and comment on each evaluation of a use, unless an
opportunity for public review and comment on the
evaluation of the use has already been provided dur-
ing the development or revision of a conservation
plan for the refuge under subsection (e) or has oth-
erwise been provided during routine, periodic deter-
minations of compatibility for wildlife-dependent rec-
reational uses.
‘‘(4) The provisions of this Act relating to determina-
tions of the compatibility of a use shall not apply to—
‘‘(A) overflights above a refuge; and
‘‘(B) activities authorized, funded, or conducted
by a Federal agency (other than the United States
Fish and Wildlife Service) which has primary juris-
diction over the refuge or a portion of the refuge, if
the management of those activities is in accordance
with a memorandum of understanding between the
Secretary or the Director and the head of the Fed-
eral agency with primary jurisdiction over the refuge
governing the use of the refuge.
‘‘(5) Overflights above a refuge may be governed by
any memorandum of understanding entered into by the
Secretary that applies to the refuge.’’.
SEC. 7. 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, to the extent practicable, consistent 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 refuge
within 15 years after the date of enactment of the Na-
tional Wildlife Refuge System Improvement Act of 1997.
‘‘(C) The Secretary shall manage each refuge or plan-
ning unit under plans in effect on the date of enactment
of the National Wildlife Refuge System Improvement Act
of 1997, 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;
‘‘(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) opportunities for compatible wildlife-de-
pendent recreation.
‘‘(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. 8. EMERGENCY POWER; PRESIDENTIAL EXEMPTION;
STATE AUTHORITY; WATER RIGHTS; COORDI-
NATION.
(a) IN GENERAL.—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 if the Secretary
determines it is necessary to protect the health and safety
of the public or any fish or wildlife population.
‘‘(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 authority, jurisdiction, or responsibility of the sev-
eral States to manage, control, or regulate fish and resi-
dent 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, regulations, or management plans.
‘‘(n)(1) Nothing in this Act shall—
‘‘(A) create a reserved water right, express or
implied, in the United States for any purpose;
‘‘(B) affect any water right in existence on the
date of enactment of the National Wildlife Refuge
System Improvement Act of 1997; or
‘‘(C) affect any Federal or State law in exist-
ence on the date of the enactment of the National
Wildlife Refuge System Improvement Act of 1997
regarding water quality or water quantity.
‘‘(2) Nothing in this Act shall diminish or affect the
ability to join the United States in the adjudication of
rights to the use of water pursuant to the McCarran Act
(43 U.S.C. 666).
‘‘(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 (5 U.S.C. App.).’’.
(b) CONFORMING AMENDMENT.—Section 4(c) (16
U.S.C. 668dd(c)) is amended by striking the last sentence.
SEC. 9. STATUTORY CONSTRUCTION.
(a) Nothing in this Act is intended to affect—
(1) the provisions for subsistence uses in Alaska
set forth in the Alaska National Interest Lands Con-
servation Act (Public Law 96–487), including those
in titles III and VIII of that Act;
(2) the provisions of section 102 of the Alaska
National Interest Lands Conservation Act, the juris-
diction over subsistence uses in Alaska, or any asser-
tion of subsistence uses in the Federal courts; and
(3) the manner in which section 810 of the
Alaska National Interest Lands Conservation Act is
implemented in refuges in Alaska.
(b) If any conflict arises between any provision of this
Act and any provision of the Alaska National Interest
Lands Conservation Act, then the provision in the Alaska
National Interest Lands Conservation Act shall prevail.