An Act to provide for a national wildlife refuge in the Minnesota River Valley, and for other purposes.
PL 94-466 (H.R.13374), enacted 10/08/1976

90 STAT. 1992 
PUBLIC LAW 94-466—OCT. 8, 1976 
Public Law 94-466 
94th Congress 
Oct. 8, 1976 
[H.R. 13374] 
Minnesota 
Valley National 
Wildlife 
Refuge Act. 
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note. 
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An Act 
To provide for a national wildlife refuge in the Minnesota River Valley, and 
for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may be 
cited as the "Minnesota Valley National Wildlife Refuge Act". 
DECLARATION OF POLICY 
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SEC. 2. (a) 
FINDINGS.—The Congress finds and declares the 
following: 
(1) The Lower Minnesota River Valley, which provides habitat 
for a large number of migratory waterfowl, fish, and other wildlife 
species, is a unique environmental resource. 
(2) This valley is located close to a large metropolitan area and, 
accordingly, it is of great value as a source of environmental 
education, recreational opportunities, and interpretive programs 
for hundreds of thousands of urban dwellers. 
(3) This valley is currently threatened with spoliation, removal 
from public access, and ecological downgrading, through com-
mercial and industrial development. 
(4) Despoilment of this valley and its flood plain will result 
in the 
permanent 
loss of 
unique social, educational, 
and 
environmental assets. 
(b) POLICY.—It is therefore declared to be the policy of the Congress 
in this Act to preserve the Minnesota River Valley through the estab-
lishment of the Minnesota Valley National Wildlife Refuge. 
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DEFINITIONS 
SEC. 3. As used in this Act: 
(1) The terms "conserve" and "conservation" mean to use, 
and the use of, methods and procedures which are necessary to 
assure, to the maximum extent practicable, the continued existence 
of populations of fish and wildlife. Such methods and procedures 
may include, but are not limited to, all activities associated with 
scientific resource management, including research, census, law 
enforcement, habitat acquisition, and public information and 
education. 
(2) The term "interests therein" means any property interest 
in lands and waters, including, but not limited to, a leasehold, 
an easement, a future interest, or an equitable use. 
(3) The term "refuge" means the Minnesota Valley National 
Wildlife Refuge, established pursuant to section 4 of this Act. 
(4) The term "Secretary" means the Secretary of the Interior, 
acting through the United States Fish and Wildlife Service. 
(5) The term "State" means the State of Minnesota and any 
political subdivision thereof. 
(6) The term "wildlife recreation area" means the wildlife 
recreation area established adjacent to the refuge, pursuant to 
section 5 of this Act. 
PUBLIC LAW 94-466—OCT. 8, 1976 
90 STAT. 1993 
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THE REFUGE 
SEC. 4. (a) ESTABLISHMENT.—The Secretary shall establish, in 
accordance with this section, the Minnesota Valley National Wildlife 
Refuge by publication of a notice to that effect in the Federal Register 
upon completion of the comprehensive plan pursuant to section 6 of 
this Act. The refuge shall consist of— 
(1) approximately 9,500 acres of lands, marshes, submerged 
lands, and open waters in the lower Minnesota River Valley, which 
are depicted as a wildlife refuge on a map dated November 1975 
and entitled "Oflficial Map—Minnesota Valley National Wildlife 
Refuge-Recreation Area", which shall be on file and available 
for public inspection in the offices of the T^nited States Fish and 
Wildlife Service of the Department of the Interior; and 
(2) any additional lands, waters, and interests therein, which 
the Secretary may acquire and designate for inclusion in the 
refuge. 
(b) ACQUISITION AND ADMINISTRATION.— (1) The Secretary shall, 
within 6 years after the date of enactment of this Act, acquire lands, 
waters, and interests therein, within the boundaries of the refuge, by 
(A) donation; (B) purchase (with donated, transferred, or appro-
priated funds) ; or (C) exchange. 
(2) With respect to the Black Dog Lake unit, as identified on the 
map referred to in subsection (a) (1) of this section, the Secretary may 
not acquire any lands, waters, or interests therein unless such acquisi-
tion is compatible with the continued operation of the electric power 
generation plant presently located within such unit. The Secretary 
may negotiate and enter into an agreement, with the owner of such 
powerplant, for the joint or cooperative conservation and manage-
ment of such unit. 
(3) The Secretary shall develop and administer the lands, waters, 
and interests therein, which are acquired for the refuge, in accord-
ance with the National Wildlife Refuge System Administration Act 
of 1966, as amended (16 U.S.C. 688dd et seq.). The Secretary may 
also exercise any other authority available to him foi" the conser-
vation and management of wildlife and natural resources, the develop-
ment of wildlife recreational opportunities, wildlife interpretation, 
and environmental education, to the extent deemed by him to be 
appropriate to carry out the purposes of this Act. 
(c) WILDLIFE INTERPRETATION AND EDUCATION CENTER.—The Secre-
tary shall construct, administer, and maintain, at an appropriate site 
within the refuge, a wildlife interpretation and education center. 
Such center shall be designed and operated to promote environmental 
education and to provide an opportunity for the study and enjoy-
ment of wildlife in its natural habitat. 
(d) REVENUE SHARING.—Payments made, in accordance with the 
Refuge Revenue Sharing Act (16 U.S.C. 7l5s), to the counties in 
which units of the refuge are located shall be distributed by such 
counties to municipalities and townships on the same pro rata basis 
as is used in the distribution of real estate taxes. 
Publication in 
Federal Register. 
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note. 
THE WILDLIFE RECREATION AREA 
SEC. 5. (a) GENERAL.—The Secretary shall establish, in cooperation 
with the State and in an area adjacent to the refuge, a wildlife recre-
ation area by publication of a notice to that effect in the Federal 
Register upon completion of the comprehensive plan pursuant to 
Establishment. 
Publication in 
Federal Register. 
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90 STAT. 1994 
PUBLIC LAW 94-466—OCT. 8, 1976 
section 6 of this Act. Such area shall consist of the lands, waters, 
and interests therein which are depicted as a recreation area on the 
map referred to in section 4(a) (1) of this Act. The wildlife recre-
ation area shall, in general, consist of— 
(1) those portions of the Lower Minnesota Eiver 
floodplain 
and which are necessary for one or more of the following: public 
access to such area; safety; the well-being of the visiting public; 
and the operation and maintenance of such area; and 
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(2) any additional areas which are adjacent to such flood-
plain and which are located between the city of Jordan, Minne-
sota, and Fort Snelling State Park, excluding the industrialized 
component thereof located in the municipalities of Savage, 
Chaska, Shakopee, and Burnsville, Minnesota. 
(b) ACQUISITION AND ADMINISTRATION.—Lands, waters, and inter-
ests therein, which are within the boundaries of the wildlife recre-
ation area, shall, with the agreement of the State, be acquired, 
de\'eloped, and administered by the State (in cooperation with the 
Secretary) in accordance with the provisions of the comprehensive 
plan developed under section 6 of this Act. 
COMPREHENSIVE PLAN 
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SEC. 6. (a) GENERAL.—Within 3 years after the date of enactment of 
this Act, the Secretary shall, in cooperation with the State and political 
subdivisions thereof, develop a comprehensive plan for the conserva-
tion, protection, preservation, and interpretation of the Minnesota 
Valley National Wildlife Eefuge and the adjacent wildlife recreation 
area. 
Guidelines. 
(b) MANAGEMENT CATEGORIES.—The plan required by subsection (a) 
of this section shall delineate and provide appropriate management 
guidelines for the following two categories of property: 
(1) Category I.—The Minnesota Valley National Wildlife Eefuge, 
to be acquired and managed by the Secretary pursuant to section 4(b) 
of this Act. 
(2) Category II.—Public nature-recreation areas, to be acquired (in 
fee or by lease, easement, donation, or other agreement) and managed 
by the State (in cooperation with the Secretary) pursuant to section 
5(b) of this Act. 
(c) OTHER EEQUIREMENTS.—The plan required by subsection (a) of 
this section shall— 
(1) provide for the Minnesota Valley Trail Corridor, author-
ized by Minnesota Statute, 1969, section 85.198, as an integral part 
of the Minnesota Valley National Wildlife Eefuge and the adja-
cent wildlife recreation area; and 
(2) contain such other provisions relating to public use, law 
enforcement, wildlife conservation, environmental education and 
interpretation, and other matters as the Secretary and the State 
deem necessary to preserve, protect, and enhance the refuge-
recreation area and to carry out the purposes of this Act. 
FINANCIAL ASSISTANCE 
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SEC. 7. (a) GRANTS.—The Secretary shall provide sufficient 
financial 
assistance to the State to enable it to acquire and develop lands, waters, 
and interests therein in the wildlife recreation area. A grant made 
under this section shall only be used with respect to lands, waters, and 
interests therein which are acquired by the State after the establish-
PUBLIC LAW 94-466—OCT. 8, 1976 
90 STAT. 1995 
ment of the wildlife recreation area. The Secretary may reimburse the 
State for lands, waters, and interests therein which are acquired prior 
to the establishment of the wildlife recreation area if such lands, 
waters, and interests therein are contained within the area at the time 
of its establishment. Such grants shall be subject to such other terms 
and conditions as may be prescribed by the Secretary. Any grants 
made from the Land and Water Conservation Fund shall be subject to 
the provisions of section 6 of the Land and Water Conservation Fund 
Act, as amended (16 U.S.C. 4601-8). 
(b) LIMITATIONS.—Any payment made by the Secretary under this 
section shall be subject to the following condition: The conversion, use, 
or disposal of any lands, waters, and interests therein which are 
required by the State, directly or indirectly, with Federal financial 
assistance provided under this section, for purposes contrary to the 
purposes of this Act (as determined by the Secretary), shall create in 
the United States a right to compensation from the State in an amount 
equal to the fair market value of the land at the time of conversion, 
use or disposal, or an amount equal to the Federal payment for acquisi-
tion and development of the land, whichever is greater. 
Reimbursement. 
Terms and 
conditions. 
SPOIL SITES 
SEC. 8. The Secretary and the United States Corps of Engineers 16 USC 668qq. 
shall assist appropriate local authorities in the disposal of dredge 
material and in the designation of sites for deposit of dredge material, 
so as to minimize the disruption of wildlife and the reduction of scenic 
and recreational values and so as to assure the continuation of navi-
gation on the riverway. The Secretary may acquire such alternative Alternative sites, 
sites, outside the boundary of the refuge-recreation area, as may be acquisition, 
necessary, in exchange for sites existing in the area on the date of 
enactment of this Act. The value of any properties so exchanged shall 
be approximately equal as determined by the Secretary or, if not, such 
value shall be equalized by the payment of cash, to the owners of the 
property within the refuge-recreation area or to the Secretary, as the 
circumstances require. The Secretary is authorized to expend not more 
than 20 per centum of the funds appropriated for acquisition of the 
refuge under section 10(a) of this Act to assist in the disposal of 
dredge material and to purchase alternative sites for deposit of dredge 
material as may be necessary outside the boundaries of the refuge and 
I'ecreation area. 
CONTINUED PUBLIC SERVICES 
SEC. 9. Nothing contained in this Act shall be construed as prohibit- 16 USC 668rr. 
ing or preventing the provision of vital public services, including— 
(1) the continuation of commercial navigation in the main 
navigation channel of the Minnesota River which lies within the 
refuge-recreation area; 
(2) the construction, improvement, and replacement of high-
ways and bridges, whether or not the highway is a Federal-aid 
highway; or 
(3) any other activity which the Secretary determines to be 
necessary; 
if the provision of such services is otherwise in accordance with law. 
Any activity referred to in this section shall be carried out so as to 
minimize the disruption of the wildlife and the reduction of recrea-
tional and scenic values of the area, consistent with economic feasi-
bility. 
90 STAT. 1996 
PUBLIC LAW 94-466—OCT. 8, 1976 
AUTHORIZATION FOR APPROPRIATIONS 
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SEC. 10. (a) ACQUISITION.—There are authorized to be appropriated 
such amounts as may be necessary for acquisition of lands, waters, and 
interests therein in the refuge-recreation area, pursuant to sections 
4(b) (1) and (7) (a) of this Act, except that such sums shall not exceed 
a total of $14,500,000 for the period beginning October 1, 1977, and 
ending September 30,1983. 
(b) DEVELOPMENT.—There are authorized to be appropriated such 
amounts as may be necessary for the development of the refuge-recre-
ation area, except that such sums shall not exceed $6,000,000 for the 
period beginning October 1, 1977, and ending September 30, 1986. 
Not more than $500,000 of such sums shall be used for the development 
of the comprehensive plan pursuant to section 6 of this Act. 
Approved October 8, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1470 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 94-934 accompanying S. 2097 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol 122 (1976): 
Sept. 20, considered and passed House. 
Sept. 24, considered and passed Senate.