Protection Island National Wildlife Refuge Act
PL 97-333 (H.R.1486), enacted 10/15/1982

PUBLIC LAW 97-333—OCT. 15, 1982 
96 STAT. 1623 
Public Law 97-383 
97th Congress 
An Act 
To establish the Protection Island National Wildlife Refuge, Jefferson County, State 
of Washington. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Protection Island National Wildlife Refuge Act". 
SEC. 2. The Congress finds that— 
(1) Protection Island provides nesting habitat for 72 per 
centum of the entire seabird population of Puget Sound and the 
Strait of Juan de Fuca; 
(2) this island also provides refuge for other species, including 
the endangered bald eagle and the harbor seal; and 
(3) this island is a nationally significant environmental 
resource threatened with destruction through residential and 
related development. 
SEC. 3. As used in this Act: 
(a) The term "refuge" means the Protection Island National 
Wildlife Refuge that includes those lands and waters, and interests 
therein, located in Jefferson County, State of Washington, that are 
depicted on the map entitled "Protection Island National Wildlife 
Refuge", dated September 1980, and on file at the United States 
Fish and Wildlife Service. The purposes of the refuge are to provide 
habitat for a broad diversity of bird species, with particular empha-
sis on protecting the nesting habitat of the bald eagle, tufted puffin, 
rhinoceros auklet, pigeon guillemot, and pelagic cormorant; to pro-
tect the hauling-out area of harbor seals; and to provide for scientific 
research and wildlife-oriented public education and interpretation.". 
(b) The term "Secretary" means the Secretary of the Interior. 
SEC. 4. (a) Subject to subsections (b) and (c), the Secretary is 
authorized to acquire lands and waters or interests therein within 
the boundaries of the refuge by donation, purchase with donated or 
appropriated funds, or exchange. 
(b)(1) In the case of any person who is the owner of land as of 
January 1,1982, that— 
(A) is within the boundaries of the refuge and contains a 
structure, suitable for use as a personal residence, that was 
located on the land on January 1,1982; and 
(B) in the judgment of the Secretary the United States should 
acquire a fee simple interest therein; 
the Secretary shall first offer to acquire the land subject to a life 
use, or, at the option of the owner, to an extended use reservation 
for a shorter term of years, subject to such terms and conditions as 
the Secretary deems necessary or appropriate to insure that the 
land will be used in a manner that is compatible with the purposes 
for which the refuge is established. 
(2) Acquisition of land subject to life uses or other extended use 
reservations under paragraph (1) shall be made on the basis of the 
fair market value of the land and improvements thereon at the time 
Oct. 15, 1982 
[H.R. 1486] 
Protection 
Island National 
Wildlife Refuge 
Act. 
16 u s e 668dd 
note. 
Definitions. 
96 STAT. 1624 
PUBLIC LAW 97-333—OCT. 15, 1982 
Notice; 
publication in 
Federal 
Register. 
Administration. 
Jones Island 
National 
Wildlife Refuge, 
transfer to State 
of Washington. 
of acquisition less 1 per centum of such value for each year of the 
reservation. The term of life uses shall be calculated on an actuarial 
basis. 
(c) With respect to land within the boundaries of the refuge other 
than land described in subsection (b), the Secretary, in order to 
lessen the impact of Federal question on the present owners, shall 
give special consideration to providing for extended use reservations 
to the extent compatible with the purposes for which the refuge is 
established. 
(d) Any owner of property within the refuge may offer to sell his 
property to the Secretary for the amount determined by the Jeffer-
son County assessor to be the assessed value of the property as of the 
date that the offer is tendered. Prior to two years after Congress has 
appropriated funds to the Secretary to make purchases under this 
Act, the Secretary may immediately purchase such properties pur-
suant to such offers, may tender immediate payment for such 
properties, and may take immediate possession of such properties, in 
order to accommodate such owners. Any purchase made pursuant to 
this section shall not be subject to the requirements of the Uniform 
Relocation Assistance and Real Property Acquisition Policy Act of 
1970 (42 U.S.C. 4601-4655). 
(e) Prior to two years after Congress has appropriated funds to the 
Secretary to make purchases under this Act, the Secretary shall not 
acquire any of the property within the refuge by exercising the 
power of eminent domain except as may be necessary to control 
public access to concentrated nesting sites within the refuge. 
SEC. 5. The Secretary shall establish the refuge by publication of a 
notice to that effect in the Federal Register at such time as he 
determines that lands, waters, and interests therein sufficient to 
constitute an efficiently administrable refuge have been acquired. 
The Secretary may make such minor revisions in the boundaries of 
the refuge as may be appropriate to carry out the provisions of this 
Act. 
SEC. 6. Prior to the establishment of the refuge and thereafter, the 
Secretary shall administer the lands, waters, and interests therein 
acquired for the refuge in accordance with the National Wildlife 
Refuge System Administration Act of 1966 (16 U.S.C. 668dd-ee). The 
Secretary may utilize such additional statutory authority as may be 
available to him for the conservation and development of wildlife 
and natural resources, the development of outdoor recreation oppor-
tunities compatible with the wildlife resources, and interpretive 
education as he deems appropriate to carry out the purposes of the 
refuge. 
SEC. 7. Beginning October 1, 1982, there are authorized to be 
appropriated $4,000,000 for acquisition of lands and waters, and 
interests therein, for the refuge. 
SEC. 8. In consideration of the prior transfer of certain properties 
now in the San Juan National Wildlife Refuge by the Washington 
State Parks and Recreation Commission to the Department of the 
Interior, the Secretary of the Interior shall transfer all ownership, 
jurisdiction, and control over the Jones Island National Wildlife 
PUBLIC LAW 97-333—OCT. 15, 1982 
96 STAT. 1625 
Refuge, more particularly described as section 10, tract B; section 11, 
tract A, lots 1, 2, and 3; section 14, tract C, lots 1 to 5 inclusive, and 
the northeast quarter of the northwest quarter, all of township 36 
north, range 3 west, Willamette Meridian, all in the State of Wash-
ington, to the State of Washington for use as a public recreation 
area to be managed in accordance with the applicable laws of the 
State of Washington. 
Approved October 15, 1982. 
LEGISLATIVE HISTORY—H.R. 1486: 
HOUSE REPORT No. 97-403 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 97-426 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): Dec. 15, considered and passed House. 
Vol. 128 (1982): June 9, considered and passed Senate, amended. 
Sept. 30, House concurred in Senate amendments.