A bill to establish the Grays Harbor National Wildlife Refuge.
PL 100-406 (S.1979), enacted 08/19/1988

PUBLIC LAW 100-406—AUG. 19, 1988 
102 STAT. 1041 
Public Law 100-406 
100th Congress 
An Act 
To establish the Grays Harbor National Wildlife Refuge. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
The Congress finds that— 
(1) Grays Harbor, a ninety-four-square-mile estuary on the 
co£ist of the State of Washington, is of critical importance to 
certain migratory shorebirds and waterfowl and provides impor-
tant habitat for many types of fish and wildlife, including 
threatened and endangered species; 
(2) the area known as Bowerman Basin is a tidal mudflat 
within the Grays Harbor estuary which attracts hundreds of 
thousands of migratory shorebirds during spring and fall migra-
tions as well as peregrine falcons and other raptors; 
(3) the Bowerman Basin provides extraordinary recreational, 
research, and educational opportunities for students, scientists, 
birdwatchers, nature photographers, the physically handi-
capped, and others; 
(4) the Bowerman Basin is an internationally significant 
environmental resource that is unprotected and may require 
active management to prevent vegetative encroachment and to 
otherwise protect and enhance its habitat values; and 
(5) the Bowerman Basin has been identified in the Grays 
Harbor Estuary Management Plan, prepared by Grays Harbor 
Regional Planning Commission, as an area deserving perma-
nent protection. 
SEC. 2. PURPOSES. 
The purposes for which the Grays Harbor National Wildlife 
Refuge is established and shall be managed for include— 
(1) to conserve fish and wildlife populations and their habi-
tats, including but not limited to those of western sandpiper, 
dunlin, red knot, long-billed dowitcher, short-billed dowitcher, 
other shorebirds, and other migratory birds, including birds of 
prey; 
(2) to fulfill international treaty obligations of the United 
States with regard to fish and wildlife and their habitats; 
(3) to ccytiserve those species known to be threatened with 
extinction; and 
(4) to provide an opportunity, consistent with the purposes set 
forth in paragraphs (1), (2), and (3), for wildlife-oriented recre-
ation, education, and research. 
SEC. 3. DEFINITIONS. 
For purposes of this Act— 
(1) The term "refuge' 
Wildlife Refuge. 
Aug. 19,1988 
[S. 1979] 
Birds. 
Conservation. 
Washington. 
16 u s e 668dd 
note. 
Fish and fishing. 
International 
agreements. 
means the Grays Harbor National 
102 STAT. 1042 
PUBLIC LAW 100-406—AUG. 19, 1988 
Real property. 
Water. 
Public 
information. 
Real property. 
Water. 
Recreation. 
Education. 
(2) The term "lands and waters" includes interests in lands 
and waters, 
(3) The term "Secretary" means the Secretary of the Interior, 
acting through the Director of the United States Fish and 
Wildlife Service. 
SEC. 4. ESTABLISHMENT OF REFUGE. 
(a)(1) The Secretary is authorized and directed to establish, as 
herein provided, a national wildlife refuge to be known as the Grays 
Harbor National Wildlife Refuge. 
(2) There shall be included within the boundaries of the refuge 
those lands, marshes, tidal flats, submerged lands, and open waters 
in the State of Washington generally depicted on a map entitled 
"Grays Harbor National Wildlife Refuge^', dated December, 1987, 
which comprise approximately one thousand eight hundred acres. 
(3) Said boundary map shall be on file and available for public 
inspection in the office of the Director of the Fish and Wildlife 
Service, Department of the Interior, and in appropriate offices of the 
Fish and Wildlife Service in the State of Washington. 
(b) BOUNDARY REVISIONS.—The Secretary may make such minor 
revisions in the boundaries designated under subsection (a) as may 
be necessary to carry out the purposes of the refuge and to facilitate 
the acquisition of property within the refuge. 
(c) ACQUISITION.—(1) The Secretary shall, not later than the 3rd 
anniversary of the effective date of this Act, acquire by transfer or 
purchase, or both, the approximately one thousand seven hundred 
eleven acres of lands and waters owned by the Port of Grays Harbor 
within the refuge and identified as Management Unit 12, Area 1, in 
the Grays Harbor Estuary Management Plan. 
(2) The appropriate Federal agencies may consider the transfer of 
any lands and waters to the Secretary under paragraph (c)(1) as 
compensation to satisfy, in whole or in part, obligations resulting 
from water-dependent activities by the Port of Grays Harbor under 
section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344): Provided, That there are no practicable alternatives to such 
water-dependent activities which would have less adverse impact on 
the aquatic ecosystem: Provided further, That appropriate and prac-
ticable steps have been taken which will minimize, rectify, and 
reduce adverse impacts to the aquatic ecosystem from those water-
dependent activities which can not be avoided. 
(3) The Secretary is authorized to acquire up to sixty-eight acres of 
lands and waters owned by the city of Hoquiam within the bound-
aries of the Refuge, and to compensate the lessees on such lands and 
waters for improvements and relocation costs. 
SEC. 5. ADMINISTRATION. 
(a) GENERAL ADMINISTRATIVE AUTHORITY.—The Secretary shall 
administer all lands, waters, and interests therein, acquired under 
section 4 in accordance with the provisions of the National Wildlife 
Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee). 
(b) OTHER AUTHORITY.—Consistent with the provisions of section 
5(a) of this Act, the Secretary may utilize such additional statutory 
authority as may be available to him for the conservation and 
development of fish, wildlife, and natural resources, the develop-
ment of outdoor recreation opportunities, and interpretative edu-
cation as he considers appropriate to carry out the purposes of the 
refuge. 
PUBLIC LAW 100-406—AUG. 19, 1988 
102 STAT. 1043 
(c) MANAGEMENT PLAN.—Within eighteen months after the effec-
tive date of this Act, the Secretary shall prepare a management 
plan for the development and operation of the refuge which shall 
include— 
(1) the construction of a visitor center suitable for year-round 
use with special emph£isis in interpretative education and 
research; 
(2) viewpoints, boardwalks, and access; 
(3) parking and other necessary facilities; and 
(4) a comprehensive plan setting forth refuge management 
priorities and strategies. 
The Secretary shall provide opportunity for public participation in 
developing the management plan. 
SEC. 6. AUTHORIZATION OF APPROPRIATION. 
There are authorized to be appropriated to the Department of the 
Interior— 
(1) such sums as may be necessary for the acquisition of the 
lands and waters referred to in section 4(c)(1). 
(2) not to exceed $2,500,000 to carry out other provisions of 
this Act. 
SEC. 7. REFUGE DEVELOPMENT FUND. 
The Director of the United States Fish and Wildlife Service shall, 
upon enactment of this Act, promptly request that the National Fish 
and Wildlife Foundation created by Public Law 98-244 take those 
measures that the Foundation deems appropriate to encourage, 
accept, and administer private gifts of property to further the 
purposes of this Act. The Secretary shall, in preparing the manage-
ment plan required by section 5(c), give special consideration to 
means by which the participation and contributions of local public 
and private entities in developing and implementing such plan can 
be encouraged. 
SEC. 8. EFFECTIVE DATE. 
This Act shall take effect on the date of enactment of this Act, or 
January 1, 1988, whichever date occurs later. 
Approved August 19, 1988. 
Education. 
Research and 
development. 
Gifts and 
property. 
LEGISLATIVE HISTORY—S. 1979: 
SENATE REPORTS: No. 100-403 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
July 7, considered snd passed Senate. 
Aug. 8, considered £uid passed House.