[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 374 Introduced in House (IH)]
1st Session
H. R. 374
To amend the Act popularly known as the ``Sikes Act'' to enhance fish
and wildlife conservation and natural resources management programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 1997
Mr. Young of Alaska (for himself and Mr. Saxton) introduced the
following bill; which was referred to the Committee on Resources, and
in addition to the Committee on National Security, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Act popularly known as the ``Sikes Act'' to enhance fish
and wildlife conservation and natural resources management programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sikes Act Improvement Amendments of
1997''.
SEC. 2. AMENDMENT OF SIKES ACT.
Except as otherwise expressly provided, 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 other provision of the Act entitled ``An Act to
promote effectual planning, development, maintenance, and coordination
of wildlife, fish, and game conservation and rehabilitation in military
reservations'', approved September 15, 1960 (16 U.S.C. 670a et seq.),
commonly referred to, and in this Act referred to, as the ``Sikes
Act''.
SEC. 3. INTEGRATED NATURAL RESOURCE MANAGEMENT PLANS GENERALLY.
(a) In General.--Section 101(a) (16 U.S.C. 670a(a)) is amended--
(1) by striking ``is authorized to'' and inserting
``shall'';
(2) by striking ``in each military reservation in
accordance with a cooperative plan'' and inserting the
following: ``on military installations. Under the program, the
Secretary shall prepare and implement for each military
installation in the United States an integrated natural
resource management plan'';
(3) by inserting after ``reservation is located'' the
following: ``, except that the Secretary is not required to
prepare such a plan for a military installation if the
Secretary determines that preparation of such a plan for the
installation is not appropriate''; and
(4) by inserting ``(1)'' after ``(a)'', and adding at the
end the following new paragraph:
``(2) Consistent with essential military requirements to enhance
the national security of the United States, the Secretary of Defense
shall manage each military installation to provide--
``(A) for the conservation of fish and wildlife on the
military installation and sustained multipurpose uses of those
resources, including hunting, fishing, and trapping; and
``(B) public access that is necessary or appropriate for
those uses.''.
(b) Conforming Amendments.--Title I, as amended by subsection (a)
of this section, is further amended--
(1) in section 101(b) (16 U.S.C. 670a(b)) in the matter
preceding paragraph (1) by striking ``cooperative plan'' and
inserting ``integrated natural resource management plan'';
(2) in section 101(b)(4) (16 U.S.C. 670a(b)(4)) by striking
``cooperative plan'' each place it appears and inserting
``integrated natural resource management plan'';
(3) in section 101(c) (16 U.S.C. 670a(c)) in the matter
preceding paragraph (1) by striking ``a cooperative plan'' and
inserting ``an integrated natural resource management plan'';
(4) in section 101(d) (16 U.S.C. 670a(d)) in the matter
preceding paragraph (1) by striking ``cooperative plans'' and
inserting ``integrated natural resource management plans'';
(5) in section 101(e) (16 U.S.C. 670a(e)) by striking
``Cooperative plans'' and inserting ``Integrated natural
resource management plans'';
(6) in section 102 (16 U.S.C. 670b) by striking ``a
cooperative plan'' and inserting ``an integrated natural
resource management plan'';
(7) in section 103 (16 U.S.C. 670c) by striking ``a
cooperative plan'' and inserting ``an integrated natural
resource management plan'';
(8) in section 106(a) (16 U.S.C. 670f(a)) by striking
``cooperative plans'' and inserting ``integrated natural
resource management plans''; and
(9) in section 106(c) (16 U.S.C. 670f(c)) by striking
``cooperative plans'' and inserting ``integrated natural
resource management plans''.
(c) Contents of Plans.--Section 101(b) (16 U.S.C. 670a(b)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C) by striking ``and'' after
the semicolon;
(B) in subparagraph (D) by striking the semicolon
at the end and inserting a comma; and
(C) by adding at the end the following:
``(E) wetland protection and restoration, and
wetland creation where necessary, for support of fish
or wildlife,
``(F) consideration of conservation needs for all
biological communities, and
``(G) the establishment of specific natural
resource management goals, objectives, and time-frames
for proposed actions;'';
(2) by striking paragraph (3);
(3) by redesignating paragraph (2) as paragraph (3);
(4) by inserting after paragraph (1) the following:
``(2) shall for the military installation for which it is
prepared--
``(A) address the needs for fish and wildlife
management, land management, forest management, and
wildlife-oriented recreation;
``(B) ensure the integration of, and consistency
among, the various activities conducted under the plan;
``(C) ensure that there is no net loss in the
capability of installation lands to support the
military mission of the installation;
``(D) provide for sustained use by the public of
natural resources, to the extent that such use is
inconsistent with the military mission of the
installation or the needs of fish and wildlife
management;
``(E) provide the public access to the installation
that is necessary or appropriate for that use, to the
extent that access is not inconsistent with the
military mission of the installation; and
``(F) provide for professional enforcement of
natural resource laws and regulations;''; and
(5) in paragraph (4)(A) by striking ``collect the fees
therefor,'' and inserting ``collect, spend, administer, and
account for fees therefor,''.
(d) Public Comment.--Section 101 (16 U.S.C. 670a) is amended by
adding at the end the following:
``(f) Public Comment.--The Secretary of Defense shall provide an
opportunity for public comment on each integrated natural resource
management plan prepared under subsection (a).''.
SEC. 4. REVIEW FOR PREPARATION OF INTEGRATED NATURAL RESOURCE
MANAGEMENT PLANS.
(a) Review of Military Installations.--
(1) Review.--The Secretary of each military department
shall, by not later than 9 months after the date of the
enactment of this Act--
(A) review each military installation in the United
States that is under the jurisdiction of that Secretary
to determine the military installations for which the
preparation of an integrated natural resource
management plan under section 101 of the Sikes Act, as
amended by this Act, is appropriate; and
(B) submit to the Secretary of Defense a report on
those determinations.
(2) Report to congress.--The Secretary of Defense shall, by
not later than 12 months after the date of the enactment of
this Act, submit to the Congress a report on the reviews
conducted under paragraph (1). The report shall include--
(A) a list of those military installations reviewed
under paragraph (1) for which the Secretary of Defense
determines the preparation of an integrated natural
resource management plan is not appropriate; and
(B) for each of the military installations listed
under subparagraph (A), an explanation of the reasons
such a plan is not appropriate.
(b) Deadline for Integrated Natural Resource Management Plans.--Not
later than 2 years after the date of the submission of the report
required under subsection (a)(2), the Secretary of Defense shall, for
each military installation for which the Secretary has not determined
under subsection (a)(2)(A) that preparation of an integrated natural
resource management plan is not appropriate--
(1) prepare and begin implementing such a plan mutually
agreed to by the Secretary of the Interior and the head of the
appropriate State agencies under section 101(a) of the Sikes
Act, as amended by this Act; or
(2) in the case of a military installation for which there
is in effect a cooperative plan under section 101(a) of the
Sikes Act on the day before the date of the enactment of this
Act, complete negotiations with the Secretary of the Interior
and the heads of the appropriate State agencies regarding
changes to that plan that are necessary for the plan to
constitute an integrated natural resource plan that complies with that
section, as amended by this Act.
(c) Public Comment.--The Secretary of Defense shall provide an
opportunity for the submission of public comments on--
(1) integrated natural resource management plans proposed
pursuant to subsection (b)(1); and
(2) changes to cooperative plans proposed pursuant to
subsection (b)(2).
SEC. 5. ANNUAL REVIEWS AND REPORTS.
Section 101 (16 U.S.C. 670a) is further amended by adding after
subsection (f) (as added by section 3(d) of this Act) the following:
``(g) Reviews and Reports.--
``(1) Secretary of defense.--The Secretary of Defense
shall, by not later than March 1 of each year, review the
extent to which integrated natural resource management plans
were prepared or in effect and implemented in accordance with
this Act in the preceding year, and submit a report on the
findings of that review to the committees. Each report shall
include--
``(A) the number of integrated natural resource
management plans in effect in the year covered by the
report, including the date on which each plan was
issued in final form or most recently revised;
``(B) the amount of moneys expended on conservation
activities conducted pursuant to those plans in the
year covered by the report, including amounts expended
under the Legacy Resource Management Program
established under section 8120 of the Act of November
5, 1990 (Public Law 101-511; 104 Stat. 1905); and
``(C) an assessment of the extent to which the
plans comply with the requirements of subsection (b)
(1) and (2), including specifically the extent to which
the plans ensure in accordance with subsection
(b)(2)(C) that there is no net loss of lands to support
the military missions of military installations.
``(2) Secretary of the interior.--The Secretary of the
Interior, by not later than March 1 of each year and in
consultation with State agencies responsible for conservation
or management of fish or wildlife, shall submit a report to the
committees on the amount of moneys expended by the Department
of the Interior and those State agencies in the year covered by
the report on conservation activities conducted pursuant to
integrated natural resource management plans.
``(3) Committees defined.--For purposes of this subsection,
the term `committees' means the Committees on Resources and
National Security of the House of Representatives and the
Committees on Armed Services and Environment and Public Works
of the Senate.''.
SEC. 6. FEDERAL ENFORCEMENT OF INTEGRATED NATURAL RESOURCE MANAGEMENT
PLANS; ENFORCEMENT OF OTHER LAWS.
Title I (16 U.S.C. 670a et seq.) is amended--
(1) by redesignating section 106 as section 110; and
(2) by inserting after section 105 the following:
``SEC. 106. FEDERAL ENFORCEMENT OF OTHER LAWS.
``All Federal laws relating to the conservation of natural
resources on Federal lands may be enforced by the Secretary of Defense
with respect to violations of those laws which occur on military
installations within the United States.''.
SEC. 7. NATURAL RESOURCE MANAGEMENT SERVICES.
Title I (16 U.S.C. 670a et seq.) is amended by inserting after
section 106 (as added by section 6 of this Act) the following:
``SEC. 107. NATURAL RESOURCE MANAGEMENT SERVICES.
``The Secretary of each military department shall ensure that
sufficient numbers of professionally trained natural resource
management personnel and natural resource law enforcement personnel are
available and assigned responsibility to perform tasks necessary to
comply with this Act, including the preparation and implementation of
integrated natural resource management plans.''.
SEC. 8. DEFINITIONS.
Title I (16 U.S.C. 670a et seq.) is further amended by inserting
after section 107 (as added by section 7 of this Act) the following:
``SEC. 108. DEFINITIONS.
``In this title:
``(1) Military department.--The term `military department'
means the Department of the Army, the Department of the Navy,
and the Department of the Air Force.
``(2) Military installation.--The term `military
installation'--
``(A) means any land or interest in land owned by
the United States and administered by the Secretary of
Defense or the head of a military department; and
``(B) includes all public lands withdrawn from all
forms of appropriation under public land laws and
reserved for use by the Secretary of Defense or the
head of a military department.
``(3) State fish and wildlife agency.--The term `State fish
and wildlife agency' means an agency of State government that
is responsible under State law for managing fish or wildlife
resources.
``(4) United states.--The term `United States' means the
States, the District of Columbia, and the territories and
possessions of the United States.''.
SEC. 9. SHORT TITLE.
Title I (16 U.S.C. 670a et seq.) is further amended by inserting
after section 108 (as added by section 7 of this Act) the following:
``SEC. 109. SHORT TITLE.
``This title may be cited as the `Sikes Act'.''
SEC. 10. COOPERATIVE AGREEMENTS.
(a) Cost Sharing.--Section 103a(b) (16 U.S.C. 670c-1(b)) is amended
by striking ``matching basis'' each place it appears and inserting
``cost-sharing basis''.
(b) Accounting.--Section 103a(c) (16 U.S.C. 670c-1(c)) is amended
by inserting before the period at the end following: ``, and shall not
be subject to section 1535 of that title''.
SEC. 11. REPEAL.
Section 2 of the Act of October 27, 1986 (Public Law 99-651; 16
U.S.C. 670a-1) is repealed.
SEC. 12. CLERICAL AMENDMENTS.
Title I, as amended by this Act, is further amended--
(1) in the heading for the title by striking ``military
reservations'' and inserting ``militarty installations'';
(2) in section 101(a) (16 U.S.C. 670a(a)) by striking ``the
reservation'' and inserting ``the installation'';
(3) in section 101(b)(4) (16 U.S.C. 670a(b)(4))--
(A) in subparagraph (A) by striking ``the
reservation'' and inserting ``the installation''; and
(B) in subparagraph (B) by striking ``the military
reservation'' and inserting ``the military
installation'';
(4) in section 101(c) (16 U.S.C. 670a(c))--
(A) in paragraph (1) by striking ``a military
reservation'' and inserting ``a military
installation''; and
(B) in paragraph (2) by striking ``the
reservation'' and inserting ``the installation'';
(5) in section 102 (16 U.S.C. 670b) by striking ``military
reservations'' and inserting ``military installations''; and
(6) in section 103 (16 U.S.C. 670c) by striking ``military
reservations'' and inserting ``military installations''.
SEC. 13. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Programs on Military Installations.--Subsections (b) and (c) of
section 110 (as redesignated by section 6 of this Act) are each amended
by striking ``1983'' and all that follows through ``1993,'' and
inserting ``1995, 1996, 1997, 1998, 1999, and 2000,''.
(b) Programs on Public Lands.--Section 209 (16 U.S.C. 670o) is
amended--
(1) in subsection (a), by striking ``the sum of
$10,000,000'' and all that follows through ``to enable the
Secretary of the Interior'' and inserting ``$4,000,000 for each
of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000, to
enable the Secretary of the Interior''; and
(2) in subsection (b), by striking ``the sum of
$12,000,000'' and all that follows through ``to enable the
Secretary of Agriculture'' and inserting ``$5,000,000 for each
of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000, to
enable the Secretary of Agriculture''.
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