I
103D CONGRESS
1ST SESSION
H. R. 3300
To amend the Act popularly known as the ‘‘Sikes Act’’ to enhance fish
and wildlife conservation and natural resources management programs
on military installations.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 19, 1993
Mr. STUDDS (for himself and Mr. YOUNG of Alaska) introduced the following
bill; which was referred to the Committee on Merchant Marine and Fisheries
A BILL
To amend the Act popularly known as the ‘‘Sikes Act’’
to enhance fish and wildlife conservation and natural
resources management programs on military installa-
tions.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Natural Resource
Management on Military Lands Act of 1993’’.
SEC. 2. AMENDMENT OF SIKES ACT.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
(1) by striking ‘‘cooperative plan’’ each place it
appears and inserting ‘‘integrated natural resource
management plan’’;
(2) by striking ‘‘cooperative plans’’ each place it
appears and inserting ‘‘integrated natural resource
management plans’’; and
(3) by striking ‘‘Cooperative plans’’ each place
it appears and inserting ‘‘Integrated natural re-
source management plans’’.
(c) CONTENTS
OF
PLANS.—Section 101(b) (16
U.S.C. 670a(b)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C) by striking ‘‘and’’
after the semicolon;
(B) in subparagraph (D) by striking the
semicolon at the end and inserting a comma;
and
(C) by adding at the end the following:
‘‘(E) wetland protection and restoration,
and wetland creation where necessary, for sup-
port of fish or wildlife,
‘‘(F) consideration of conservation needs
for all biological communities, and
‘‘(G) the establishment of specific natural
resource management goals, objectives, and
time-frames for proposed actions;’’;
(2) by striking paragraph (3);
(3) by redesignating paragraph (2) as para-
graph (3);
(4) by inserting after paragraph (1) the follow-
ing:
‘‘(2) shall for the military installation for which
it is prepared—
‘‘(A) address the needs for fish and wildlife
management, land management, forest manage-
ment, and wildlife-oriented recreation;
‘‘(B) ensure the integration of, and con-
sistency among, the various activities conducted
under the plan;
‘‘(C) ensure that there is no net loss in the
capability of installation lands to support the
military mission of the installation, unless such
loss is required to comply with environmental
laws or to improve the management of natural
and cultural resources;
‘‘(D) provide for sustained use by the pub-
lic of natural resources, to the extent that such
use is not inconsistent with the military mission
of the installation or the needs of fish and wild-
life management;
‘‘(E) provide the public access to the in-
stallation that is necessary or appropriate for
that use, to the extent that access is not incon-
sistent with the military mission of the installa-
tion; and
‘‘(F) provide for professional enforcement
of natural resource laws and regulations;’’; and
(5) in paragraph (4)(A) by striking ‘‘collect the
fees therfor,’’ and inserting ‘‘collect, spend, admin-
ister, and account for fees therfor.’’.
(d) PUBLIC COMMENT.—Section 101 (16 U.S.C.
670a) is amended by adding at the end the following:
‘‘(f) PUBLIC COMMENT.—The Secretary of Defense
shall provide an opportunity for public comment on each
integrated natural resource management plan prepared
under subsection (a).’’.
(e) REVIEWS
AND
REPORTS.—Section 101 (16
U.S.C. 670a) is further amended by adding after sub-
section (f) (as added by subsection (d) of this section) the
following:
‘‘(g) REVIEWS AND REPORTS.—The Secretary of De-
fense shall annually—
‘‘(1) review the implementation status of each
integrated natural resource management plan in ef-
fect under this section; and
‘‘(2) submit a report to the Congress on—
‘‘(A) whether integrated natural resource
management plans are being prepared in ac-
cordance with this Act;
‘‘(B) the degree to which integrated natu-
ral resource management plans are being imple-
mented in accordance with this Act; and
‘‘(C) the status of integrated natural re-
source management plans in meeting the goals
and objectives the plans provide for under sub-
section (b)(1)(G).’’.
SEC. 4. REVIEW OF MILITARY INSTALLATIONS FOR PREPA-
RATION 
OF 
INTEGRATED 
NATURAL 
RE-
SOURCE MANAGEMENT PLANS.
(a) REVIEW OF MILITARY INSTALLATIONS.—
(1) REVIEW.—The Secretary of each military
department shall, by not later than 9 months after
the date of the enactment of this Act—
(A) review each military installation in the
United States that is under the jurisdiction of
that Secretary to determine the military instal-
lations for which the preparation of an inte-
grated natural resource management plan
under section 101 of the Sikes Act, as amended
by this Act, is appropriate; and
(B) submit to the Secretary of Defense a
report on those determinations.
(2) REPORT TO CONGRESS.—The Secretary of
Defense shall, by not later than 12 months after the
date of the enactment of this Act, submit to the
Congress a report on the reviews conducted under
paragraph (1). The report shall include—
(A) a list of those military installations re-
viewed under paragraph (1) for which the Sec-
retary of Defense determines the preparation of
an integrated natural resources management
plan is not appropriate; and
(B) for each of the military installations
listed under subparagraph (A), an explanation
of the reasons such a plan is not appropriate.
(b) DEADLINE
FOR INTEGRATED NATURAL RE-
SOURCE MANAGEMENT PLANS.—Not later than 2 years
after the date of the submission of the report required
under subsection (a)(2), the Secretary of Defense shall,
for each military installation for which the Secretary has
not determined under subsection (a)(2)(A) that prepara-
tion of an integrated natural resource management plan
is not appropriate—
(1) prepare and begin implementing such a plan
mutually agreed to by the Secretary of the Interior
and the head of the appropriate State agencies
under section 101(a) of the Sikes Act, as amended
by this Act; or
(2) in the case of a military installation for
which there is in effect a cooperative plan under sec-
tion 101(a) of the Sikes Act on the day before the
date of the enactment of this Act, complete negotia-
tions with the Secretary of the Interior and the
heads of the appropriate State agencies regarding
changes to that plan that are necessary for the plan
to constitute an integrated natural resource plan
that complies with that section, as amended by this
Act.
(c) PUBLIC COMMENT.—The Secretary of Defense
shall provide an opportunity for the submission of public
comments on—
(1) integrated natural resources plans proposed
pursuant to subsection (b)(1); and
(2) changes to cooperative plans proposed pur-
suant to subsection (b)(2).
SEC. 5. FEDERAL ENFORCEMENT OF INTEGRATED NATU-
RAL RESOURCE MANAGEMENT PLANS; EN-
FORCEMENT OF OTHER LAWS.
Title I (16 U.S.C. 670a et seq.) is amended—
(1) by redesignating section 106 as section 110;
and
(2) by inserting after section 105 the following:
‘‘SEC. 106. FEDERAL ENFORCEMENT OF INTEGRATED NAT-
URAL RESOURCE MANAGEMENT PLANS; EN-
FORCEMENT OF OTHER LAWS.
‘‘(a) NOTICE OF VIOLATION SYSTEM.—
‘‘(1) IN GENERAL.—The Secretary of the Inte-
rior, in cooperation with relevant State fish and
wildlife agencies if appropriate, shall monitor the im-
plementation of integrated natural resource manage-
ment plans by the Department of Defense under this
Act.
‘‘(2) INVESTIGATION
OF
ALLEGED
VIOLA-
TIONS.—
‘‘(A) IN GENERAL.—Upon receipt of infor-
mation from any person alleging a violation of
this Act, the Secretary of the Interior shall con-
duct an investigation and make a finding re-
garding the accuracy of the allegation if the
Secretary of the Interior has reason to believe
that—
‘‘(i) a military installation is in viola-
tion of any requirement under this Act; or
‘‘(ii) any officer or employee of the
United States (including any commanding
officer of a military installation) who is
charged with the responsibility for prepar-
ing or implementing an integrated natural
resource management plan has failed to
carry out that responsibility.
‘‘(B) ON-SITE INVESTIGATION.—The inves-
tigation may include an on-site inspection of the
military installation that is the subject of the
investigation.
‘‘(C) COOPERATION WITH STATE AUTHORI-
TIES.—The Secretary of the Interior shall con-
duct the investigation in cooperation with the
relevant State fish and wildlife agencies, if ap-
propriate.
‘‘(D) COMPLETION.—The Secretary of the
Interior shall complete the investigation within
30 days after receiving information that is the
basis for conducting the investigation.
‘‘(3) REPORT AND NOTICE OF VIOLATION.—
‘‘(A) REPORT.—Within 45 days after com-
pleting an investigation under paragraph (2),
the Secretary of the Interior shall transmit a
report on the findings of the investigation to
the Secretary of Defense and to relevant State
fish and wildlife agencies. The report shall de-
scribe—
‘‘(i) the nature of any violation by a
military installation that the Secretary of
the Interior finds has occurred, specifying
the particular actions in violation; and
‘‘(ii) the nature of any failure by an
officer or employee of the United States to
carry out a responsibility that the Sec-
retary of the Interior finds has occurred,
specifying the particular actions taken or
failed to be taken that constitute the fail-
ure.
‘‘(B) NOTICE
OF
VIOLATION.—The Sec-
retary of the Interior shall on the date of trans-
mittal of the report issue a Notice of Violation
to the Secretary of the military department
having jurisdiction over the military installation
that is the subject of the investigation to which
the report relates, if the Secretary of the Inte-
rior determines that—
‘‘(i) the military installation is in vio-
lation of a requirement under this Act; or
‘‘(ii) an officer or employee of the
United States has failed to carry out a re-
sponsibility for preparing, implementing, or
providing financial or personnel resources
for an integrated natural resource manage-
ment plan under section 101 for the mili-
tary installation.
‘‘(4) AGREEMENT.—Within 30 days after the
issuance of a Notice of Violation under paragraph
(3) regarding any violation or failure to carry out a
responsibility, the Secretary of Defense, the Sec-
retary of the Interior, and a representative of each
relevant State fish and wildlife agency shall enter
into an agreement specifying appropriate measures
to remedy the violation or failure. The agreement
shall include—
‘‘(A) a detailed description of all violations
and failures found by the Secretary of the Inte-
rior, including citation of the specific provisions
of statute or regulations violated or which es-
tablish the responsibilities, respectively;
‘‘(B) a detailed schedule for correcting the
violations or failures, including actions to be
Army, the Department of the Navy, and the Depart-
ment of the Air Force.
‘‘(2) 
MILITARY
INSTALLATION.—The 
term
‘military installation’ includes—
‘‘(A) lands used for military purposes by
any military department;
‘‘(B) lands used for military purposes by
any National Guard or Reserve component of
the Department of Defense; and
‘‘(C) all public lands withdrawn from all
forms of appropriation under the public land
laws and reserved for use by the Secretary of
Defense or the head of a military department,
including lands withdrawn and reserved under
the Military Lands Withdrawal Act of 1986.
‘‘(3) STATE FISH AND WILDLIFE AGENCY.—The
term ‘State fish and wildlife agency’ means an agen-
cy of State government that is responsible under
State law for managing fish or wildlife resources.
‘‘(4) UNITED
STATES.—The term ‘United
States’ means the States, the District of Columbia,
the Commonwealth of Puerto Rico, and the terri-
tories and possessions of the United States.’’.
SEC. 8. SHORT TITLE.
Title I (16 U.S.C. 670a et seq.) is further amended
by inserting after section 108 (as added by section 7 of
this Act) the following:
‘‘SEC. 109. SHORT TITLE.
‘‘This title may be cited as the ‘Sikes Act’.’’.
SEC. 9. COOPERATIVE AGREEMENTS.
(a) COST SHARING.—Section 103a(b) (16 U.S.C.
670c–1(b)) is amended by striking ‘‘matching basis’’ each
place it appears and inserting ‘‘cost-sharing basis’’.–
(b) ACCOUNTING.—Section 103a(c) (16 U.S.C.
670c–1(c)) is amended by inserting before the period at
the end the following: ‘‘, and shall not be subject to section
1535 of that title’’.
SEC. 10. REPEAL.
Section 2 of the Act of October 27, 1986 (Public Law
99–651; 16 U.S.C. 670a–1) is repealed.
SEC. 11. CLERICAL AMENDMENTS.
Title I (16 U.S.C. 670a et seq.), as amended by this
Act, is further amended—
(1) by striking ‘‘military reservation’’ each
place it appears and inserting ‘‘military installa-
tion’’;
(2) by striking ‘‘military reservations’’ each
place it appears and inserting ‘‘military installa-
tions’’;
(3) by striking ‘‘MILITARY RESERVATION’’ each
place it appears and inserting ‘‘MILITARY INSTALLA-
TION’’;
(4) by striking ‘‘reservation’’ each place it ap-
pears in reference to a military reservation (other
than in the term ‘‘military reservation’’) and insert-
ing ‘‘installation’’; and
(5) by striking ‘‘reservations’’ each place it ap-
pears in reference to military reservations (other
than in the term ‘‘military reservations’’) and insert-
ing ‘‘installations’’.
SEC. 12. AUTHORIZATIONS OF APPROPRIATIONS.
(a) PROGRAMS ON MILITARY INSTALLATIONS.—Sub-
sections (b) and (c) of section 110 (as redesignated by
section 5 of this Act) are each amended by striking
‘‘1983’’ and all that follows through ‘‘1993,’’ and inserting
‘‘1994, 1995, 1996, 1997, and 1998,’’.
(b) PROGRAMS ON PUBLIC LANDS.—Subsections (a)
and (b) of that section are each amended by striking
‘‘1983’’ and all that follows through ‘‘1993,’’ and inserting
‘‘1994, 1995, 1996, 1997, and 1998,’’.
Æ
HR 3300 IH——2