Home > 105th Congressional Bills > H.R. 1420 (enr) To amend the National Wildlife Refuge System Administration Act of 1966 to improve the management of the National Wildlife Refuge System, and for other purposes. ...H.R. 1420 (enr) To amend the National Wildlife Refuge System Administration Act of 1966 to improve the management of the National Wildlife Refuge System, and for other purposes. ...
105th CONGRESS
1st Session
H. R. 1420
_______________________________________________________________________
AN ACT
To amend the National Wildlife Refuge System Administration Act of 1966
to improve the management of the National Wildlife Refuge System, and
for other purposes.
105th CONGRESS
1st Session
H. R. 1420
_______________________________________________________________________
AN ACT
To amend the National Wildlife Refuge System Administration Act of 1966
to improve the management of the National Wildlife Refuge System, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``National 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.).
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
incorporated 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
plants and their habitats and this conservation mission has
been facilitated by providing Americans opportunities to
participate in compatible wildlife-dependent recreation,
including fishing and hunting, on System lands and to better
appreciate the value 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 assists in the fulfillment of important
international treaty obligations of the United States with
regard to fish, wildlife, and plants and their habitats.
(5) The System includes lands 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.
(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
interpretation 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 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
administration, available science and resources, and adherence
to the requirements of this Act and other applicable laws.
``(4) The terms `conserving', `conservation', `manage',
`managing', and `management', mean to sustain and, where
appropriate, restore and enhance, healthy populations of fish,
wildlife, and plants utilizing, in accordance with applicable
Federal and State laws, methods and procedures associated with
modern scientific resource programs. Such methods and
procedures include, consistent with the provisions of this Act,
protection, research, census, law enforcement, habitat
management, propagation, live trapping and transplantation, and
regulated taking.
``(5) The term `Coordination Area' means a wildlife
management 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 born in captivity, including a part, product, egg, or
offspring of the member.
``(8) The term `person' means any individual, partnership,
corporation, or association.
``(9) The term `plant' means any member of the plant
kingdom in a wild, unconfined 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 `taken' 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, management, 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
legitimate 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;
``(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
cooperation 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
experience 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; and
``(M) ensure timely and effective cooperation and
collaboration with Federal agencies and State fish and wildlife
agencies during the course of acquiring and managing
refuges.''.
(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.
``(5) Issue regulations to carry out this Act.''.
SEC. 6. COMPATIBILITY STANDARDS AND PROCEDURES.
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