National Wildlife Refuge System Improvement Act of 1997
PL 105-57 (H.R.1420), enacted 10/09/1997

Ill STAT. 1252 
PUBLIC LAW 105-57—OCT. 9, 1997 
Public Law 105-57 
105th Congress 
An Act 
Ort Q 1
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'^*' amend the National Wildlife Refuge System Administration Act of 1966 to 
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improve the management of the National Wildlife Refuge System, and for other 
[H.R. 1420] 
purposes. 
Be it enacted by the Senate and House of Representatives 
of 
National Wildlife 
the United States of America in Congress assembled, 
Refuge System 
Improvement Act 
SECTION 1. SHORT TITLE; REFERENCES. 
l6USC668dd 
(^) SHORT TiTLE.—^This Act may be cited as the "National 
note. 
Wildlife Refuge System Improvement Act of 1997". 
(b) REFERENCES.—^Whenever in this Act an amendment 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.). 
16 use 668dd 
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 incor-
porated within 509 individual units located in all 50 States 
and the territories of the United States. 
(2) The System was created to conserve fish, wildlife, and 
E
lants and their habitats and this conservation mission has 
een facilitated by providing Americans opportunities to partici-
pate in compatible wildlife-dependent recreation, including 
fishing and hunting, on System lands and to better appreciate 
the vgQue of and need for fish and wildlife conservation. 
(3) The System serves a pivotal role in the conservation 
of migratory birds, anadromous and interjurisdictional fish, 
marine mammals, endangered and threatened species, and the 
habitats on which these species depend. 
(4) The System Eissists in the fulfillment of important inter-
national treaty obligations of the United States with regard 
to fish, wildlife, and plants and their habitats. 
(5) The System includes Ismds purchased not only through 
the use of tax dollars but also through the proceeds from 
sales of Duck Stamps and national wildlife refuge entrance 
fees. It is a System that is financially supported by those 
benefiting from and utilizing it. 
(6) When managed in accordance with principles of sound 
fish and wildlife management and administration, 
fishing, 
hunting, wildlife observation, and environmental education in 
national wildlife refuges have been and are expected to continue 
to be generally compatible uses. 
PUBLIC LAW 105-57—OCT. 9, 1997 
111 STAT. 1253 
(7) On March 25, 1996, the President issued Executive 
Order 12996, which recognized "compatible wildlife-dependent 
recreational uses involving hunting, fishing, wildlife observation 
and photography, 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 statutory 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 wildlife-dependent 
recreational use or any other use of a refuge that, in the 
sound professional judgment of the Director, will not materially 
interfere with or detract from the fulfillment of the mission 
of the System or the purposes of the refuge. 
"(2) The terms 'wildlife-dependent recreation' and 'wildlife-
dependent recreational use' mean a use of a refuge involving 
hunting, fishing, wildlife observation 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 adminis-
tration, available science and resources, and adherence to the 
requirements of this Act and other applicable laws. 
"(4) The terms 'conserving', 'conservation', 'manage', 'man-
aging', and 'management', mean to sustain £ind, where 
appropriate, restore and enhsmce, healthy populations of fish, 
wildlife, and plants utilizing, in accordance with applicable 
Federal and State laws, methods and procedures associated 
with modem scientific resource programs. Such methods and 
procedures include, consistent with the provisions of this Act, 
protection, research, census, law enforcement, habitat manage-
ment, propagation, live trapping and transplantation, and 
regulated taking. 
"(5) The term 'Coordination Area' means a wildlife manage-
ment area that is made available to a State— 
"(A) by cooperative agreement between the United 
States Fish and Wildlife Service and a State agency having 
control over wildlife resources 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 
title III of 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 a designee of that Director. 
"(7) The terms 'fish', 'wildlife', and 'fish and wildlife' mean 
any wild member of the animal kingdom whether alive or 
dead, and regardless of whether the member was bred, hatched, 
or bom in captivity, including a part, product, egg, or offspring 
of the member. 
"(8) The term 'person' means any individual, partnership, 
corporation, or association. 
I l l STAT. 1254 
PUBLIC LAW 105-57—OCT. 9, 1997 
"(9) The term 'plant' means any member of the plant king-
dom in a wild, unconflned 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 specified in or derived from 
the law, proclamation, executive order, agreement, public land 
order, donation document, or administrative memorandum 
establishing, 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 Coordination Areas. 
"(12) The term 'Secretary' means the Secretary of the 
Interior. 
"(13) The terms 'State' and 'United States' mean the several 
States of the United States, Puerto Rico, American Samoa, 
the Virgin Islands, Guam, and the territories and possessions 
of the United States. 
"(14) The term 'System' means the National Wildlife Refuge 
System designated under section 4(a)(1). 
"(15) The terms 'take', 'taking', and 'tsiken' mean to pursue, 
hunt, shoot, capture, collect, or kill, or to attempt to pursue, 
hunt, shoot, capture, collect, or kill.". 
(b) CONFORMING AMENDMENT.—Section 4 (16 U.S.C. 668dd) 
is amended by striking "Secretary of the Interior" each place it 
appears and inserting "Secretary. 
SEC. 4. MISSION OF THE SYSTEM. 
Section 4(a) (16 U.S.C. 668dd(a)) is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs 
(5) and (6), respectively; 
(2) in clause (i) of paragraph (6) (as so redesignated), by 
striking "paragraph (2)" and inserting "paragraph (5)"; and 
(3) by inserting after paragraph (1) the following new 
paragraph: 
"(2) The mission of the System is to administer a national 
network of lands and waters for the conservation, mginagement, 
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 4 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 that— 
"(A) each refuge shall be managed to fulfill the mission 
of the System, as well as the specific purposes for which that 
refuge was established; 
"(B) compatible wildlife-dependent recreation is a legiti-
mate 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; 
PUBLIC LAW 105-57—OCT. 9, 1997 
111 STAT. 1255 
"(C) compatible wildlife-dependent recreational uses are 
the priority general public uses of the System and shall receive 
priority consideration in refuge planning and management; and 
"(D) when the Secretary determines that a proposed 
wildlife-dependent recreational use is a compatible 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, wildlife, and 
plants, and their habitats within the System; 
"(B) ensure that the biological integrity, diversity, 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 accomplish 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 System and 
participation from conservation partners and the public; 
"(D) ensure that the mission of the System described 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 manner 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 coopera-
tion with owners of land adjoining refuges 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 mission 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 within the 
System for compatible wildlife-dependent recreational uses; 
"(J) ensure that priority general public uses of the System 
receive enhanced consideration over other general public uses 
in planning and management within the System; 
"(K) provide increased opportunities for families to experi-
ence 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 agencies, including those necessary to facilitate 
military preparedness; 
"(M) ensure timely and effective cooperation and collabora-
tion with Federal agencies and State fish and wildlife agencies 
during the course of acquiring and managing refuges; and 
Ill STAT. 1256 
PUBLIC LAW 105-57—OCT. 9, 1997 
"(N) monitor the status and trends of fish, wildlife, and 
plants in each refuge.", 
(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 period; 
(4) in paragraph (3) by striking "to acquire" and inserting 
"Acquire"; and 
(5) by adding at the end the following new paragraphs: 
"(4) Subject to standards established by and the overall 
management oversight of the Director, and consistent with 
standards established by this Act, to enter into cooperative 
agreements with State fish and wildlife agencies for the 
management of programs on a refuge. 
Regulations. 
"(5) Issue regulations to carry out this Act.". 
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 paragraphs: 
"(3)(A)(i) Except as provided in clause (iv), the Secretary 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 compatible use and that the use 
is not inconsistent with public safety. The Secretary may make 
the determinations referred to in this paragraph for a refuge concur-
rently with development of a conservation plan under subsection 
(e). 
"(ii) On lands added to the System afi:er March 25, 1996, 
the Secretary shall identify, prior to acquisition, withdrawal, trans-
fer, reclassification, or donation of any such lands, existing compat-
ible wildlife-dependent recreational uses that the Secretary deter-
mines shall be permitted to continue on an interim basis pending 
completion of the comprehensive conservation plan for the refuge. 
"(iii) Wildlife-dependent recreational uses may be authorized 
on a refuge when they are compatible and not inconsistent with 
public s£ifety. 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 the National Wildlife Refuge System Improvement 
Act of 1997 shall remain in effect until and unless modified. 
Regulations. 
"(B) Not later than 24 months sifter the date of the enactment 
of the National Wildlife Refuge System Improvement Act of 1997, 
the Secretary shall issue final regulations establishing the process 
for determining under subparagraph (A) whether a use of a refuge 
is a compatible use. These regulations shall— 
"(i) designate the refuge official responsible for making 
initial compatibility determinations; 
"(ii) require an estimate of the timeframe, location, manner, 
and purpose of each use; 
PUBLIC LAW 105-57—OCT. 9, 1997 
111 STAT. 1257 
"(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 afler a determination 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), if conditions under which the use 
is permitted change significantly or if there is significant new 
information regarding the effects of the use, but not less fre-
quently than once every 10 years, to ensure that the use 
remains a compatible use, except that, in the case of any 
use authorized for a period longer than 10 years (such as 
an electric utility right-of-way), the reevaluation required by 
this clause shall examine compliance with the terms and condi-
tions of the authorization, not examine the authorization itself; 
"(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 if 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, whichever is earlier; 
and 
"(ix) provide an opportunity for public review and comment Public 
on each evaluation of a use, unless an opportunity for public information. 
review and comment on the evaluation of the use has already 
been provided during the development or revision of a conserva-
tion plan for the refuge under subsection (e) or has otherwise 
been provided during routine, periodic determinations of 
compatibility for wildlife-dependent recreational uses. 
"(4) The provisions of this Act relating to determinations 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 jurisdiction over a refuge or a portion of 
a 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 Federal agency with primary 
jurisdiction over the refuge governing the use of 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 following 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 Conservation Act (16 U.S.C. 3101 et seq.)), 
the Secretary shall— 
I l l STAT. 1258 
PUBLIC LAW 105-57—OCT. 9, 1997 
"(i) propose a comprehensive conservation plan for each 
refuge or related complex of refuges (referred to in this 
subsection as a 'planning unit') in the System; 
Federal Register, 
"(ii) publish a notice of opportunity for public comment 
publication. 
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 conservation 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 National Wildlife Refuge System 
Improvement Act of 1997. 
"(C) The Secretary shall manage each refuge or planning 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 subsection. 
"(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 conservation 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 conditions 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 Secretary, acting through 
the Director, shall identify and describe— 
"(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 £ind cultural values of the plemning 
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-dependent 
recreational uses. 
"(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 conservation agencies; and 
PUBLIC LAW 105-57—OCT. 9, 1997 
111 STAT. 1259 
"(B) coordinate the development of the conservation plan 
or revision 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 preparation and revision of 
comprehensive conservation plans under this subsection. At a mini-
mum, the Secretary shall require that publication of any final 
plan shall include a summary of the comments made by States, 
owners of adjacent or potentially affected land, local governments, 
and any other affected persons, and 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 regional offices of the United States Fish 
and Wildlife Service, and provide opportunity for public comment.". 
SEC. 8. EMERGENCY POWER; STATE AUTHORITY; WATER RIGHTS; 
COORDINATION. 
(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. 
"(1) Nothing in this Act shall be construed to authorize the 
Secretary to control or regulate hunting or fishing of fish and 
resident wildlife on lands or waters that are not within the System. 
"(m) Nothing in this Act shall be construed as affecting the 
authority, jurisdiction, or responsibility of the several States to 
manage, control, or regulate fish and resident wildlife under State 
law or regulations in any area within the System. Regulations 
permitting hunting or fishing of fish and resident wildlife within 
the System shall be, to the extent practicable, consistent with 
State fish and wildlife laws, regulations, and management plans. 
"(n)(l) 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 existence on the 
date of the enactment of the National Wildlife Refuge System 
Improvement Act of 1997 regsirding 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 agencies pursuant to 
this Act shall not be subject to the Federal 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. 
Public 
information. 
Public 
information. 
I l l STAT. 1260 
PUBLIC LAW 105-57—OCT. 9, 1997 
16 use 668dd 
SEC. 9. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA. 
(a) IN GENERAL.—^Nothing in this Act is intended to affect— 
(1) the provisions for subsistence uses in Alaska set forth 
in the Alaska National Interest Lands Conservation 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 jurisdiction over subsist-
ence uses in Alaska, or any assertion of subsistence uses in 
Alaska in the Federal courts; and 
(3) the manner in which section 810 of the Alaska National 
Interest Lands Conservation Act is implemented in national 
wildlife refuges in Alaska. 
(b) CONFLICTS OF LAWS.—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. 
Approved October 9, 1997. 
LEGISLATIVE HISTORY—H.R. 1420: 
HOUSE REPORTS: No. 105-106 (Comm. on Resources). 
CONGRESSIONAL RECORD, Vol. 143 (1997): 
June 3, considered and passed House. 
Sept. 10, considered and passed Senate, amended. 
Sept. 23, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997): 
Oct. 9, Presidential statement.