[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5284 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5284
To amend the Sikes Act to improve natural resources management planning
for State-owned facilities used for the national defense, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2010
Ms. Bordallo introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Armed Services, 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 Sikes Act to improve natural resources management planning
for State-owned facilities used for the national defense, 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.
This Act may be cited as the ``Sikes Act Amendments Act of 2010''.
SEC. 2. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR
THE NATIONAL DEFENSE.
(a) Improvements to Act.--The Sikes Act (16 U.S.C. 670 et seq.) is
amended as follows:
(1) Definitions.--Section 100 (16 U.S.C. 670) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively; and
(B) by inserting after paragraph (1) the following
new paragraphs:
``(2) State.--The term `State' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands.
``(3) State-owned national guard installation.--The term
`State-owned National Guard installation' means land owned and
operated by a State when such land is used for training the
National Guard pursuant to chapter 5 of title 32, United State
Code, with funds provided by the Secretary of Defense or the
Secretary of a military department, even though such land is
not under the jurisdiction of the Department of Defense.''.
(2) Funding of integrated natural resources management
plans.--Section 101 (16 U.S.C. 670a) is amended--
(A) in subsection (a)(1)(B)--
(i) by inserting ``(i)'' before ``To
facilitate''; and
(ii) by adding at the end the following new
clause:
``(ii) The Secretary of a military department may,
subject to the availability of appropriations, develop
and implement an integrated natural resources
management plan for a State-owned National Guard
installation. Such a plan shall be developed and
implemented in coordination with the chief executive
officer of the State in which the State-owned National
Guard installation is located.'';
(B) in subsection (a)(2), by inserting ``or State-
owned National Guard installation'' after ``military
installation'' both places it appears;
(C) in subsection (a)(3)--
(i) by striking ``and'' at the end of
subparagraph (B);
(ii) by striking the period at the end of
subparagraph (C) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(D) the conservation and rehabilitation of
natural resources on State-owned National Guard
installations and sustainable multipurpose use of the
natural resources on those installations.'';
(D) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively; and
(E) by inserting after subsection (b) the following
new subsection (c):
``(c) Required Elements of Plans for State-Owned National Guard
Installations.--Each integrated natural resources management plan for a
State-owned National Guard installation that is prepared under
subsection (a)(1)(B)(ii)--
``(1) shall, to the extent appropriate and applicable,
provide for the same matters for the installation as are
required under subsection (c)(1) for a military installation;
and
``(2) must be reviewed as to operation and effect by the
parties thereto on a regular basis, but not less often than
every 5 years.''.
(3) Cooperative agreements.--Section 103a(a) (16 U.S.C.
670c-1(a)) is amended--
(A) in paragraph (1), by inserting ``and State-
owned National Guard installations'' after ``military
installations''; and
(B) in paragraph (2), by inserting ``or State-owned
National Guard installations'' after ``military
installation''.
(b) Expansion and Extension of Invasive Species Management Pilot
Program.--Subsection (g) of section 101 of such Act (16 U.S.C. 670a) is
amended--
(1) in the subsection heading--
(A) by striking ``Pilot Program''; and
(B) by striking ``in Guam''; and
(2) in paragraph (1)--
(A) by striking ``During fiscal years 2009 through
2014, the'' and inserting ``The''; and
(B) by striking ``in Guam''.
(c) Section and Subsection Headings.--Such Act is further amended
as follows:
(1) Section 101 (16 U.S.C. 670a) is amended--
(A) by inserting at the beginning the following:
``SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.'';
(B) by striking ``Sec. 101.'';
(C) in subsection (d), as redesignated by
subsection (a)(2)(D) of this section, by inserting
``Prohibitions on Sale and Lease of Lands Unless
Effects Compatible With Plan.--'' after ``(d)'';
(D) in subsection (e), as redesignated by
subsection (a)(2)(D) of this section, by inserting
``Implementation and Enforcement of Integrated Natural
Resources Management Plans.--'' after ``(e)''; and
(E) in subsection (f), as redesignated by
subsection (a)(2)(D) of this section--
(i) by inserting ``Applicability of Other
Laws.--'' after ``(f)''; and
(ii) by inserting a comma after ``Code''.
(2) Section 102 (16 U.S.C. 670b) is amended--
(A) by inserting at the beginning the following:
``SEC. 102. MIGRATORY GAME BIRDS; HUNTING PERMITS.'';
(B) by striking ``Sec. 102.'' and inserting ``(a)
Integrated Natural Resources Management Plan.--''; and
(C) by striking ``agency:'' and all that follows
through ``possession'' and inserting ``agency.
``(b) Applicability of Other Laws.--Possession''.
(3) Section 103a (16 U.S.C. 670c-1) is further amended--
(A) by inserting at the beginning the following:
``SEC. 103A. COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT
ON INSTALLATIONS.'';
(B) by striking ``Sec. 103a.'';
(C) in subsection (a), by inserting ``Authority of
Secretary of Military Department.--'' after ``(a)'';
and
(D) in subsection (c), by inserting ``Availability
of Funds; Agreements Under Other Laws.--'' after
``(c)''.
(4) Section 104 (16 U.S.C. 670d) is amended--
(A) by inserting at the beginning the following:
``SEC. 104. LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL.'';
and
(B) by striking ``Sec. 104.''.
(5) Section 105 (16 U.S.C. 670e) is amended--
(A) by inserting at the beginning the following:
``SEC. 105. APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS.'';
and
(B) by striking ``Sec. 105.''.
(6) Section 108 (16 U.S.C. 670f) is amended--
(A) by inserting at the beginning the following:
``SEC. 108. APPROPRIATIONS AND EXPENDITURES.'';
(B) by striking ``Sec. 108.'';
(C) in subsection (a), by inserting ``Expenditures
of Collected Funds Under Integrated Natural Resources
Management Plans.--'' after ``(a)'';
(D) in subsection (b), by inserting ``Authorization
of Appropriations to Secretary of Defense.--'' after
``(b)'';
(E) in subsection (c), by inserting ``Authorization
of Appropriations to Secretary of the Interior.--''
after ``(c)''; and
(F) in subsection (d), by inserting ``Use of Other
Conservation or Rehabilitation Authorities.--'' after
``(d)''.
(7) Section 201 (16 U.S.C. 670g) is amended--
(A) by inserting at the beginning the following:
``SEC. 201. WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION
PROGRAMS.'';
(B) by striking ``Sec. 201.'';
(C) in subsection (a), by inserting ``Programs
Required.--'' after ``(a)''; and
(D) in subsection (b), by inserting
``Implementation of Programs.--'' after ``(b)''.
(8) Section 202 (16 U.S.C. 670h) is amended--
(A) by inserting at the beginning the following:
``SEC. 202. COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION
PROGRAMS.'';
(B) by striking ``Sec. 202.'';
(C) in subsection (a), by inserting ``Development
of Plans.--'' after ``(a)'';
(D) in subsection (b), by inserting ``Consistency
With Overall Land Use and Management Plans; Hunting,
Trapping, and Fishing.--'' after ``(b)'';
(E) in subsection (c), by inserting ``Cooperative
Agreements By State Agencies for Implementation of
Programs.--'' after ``(c)''; and
(F) in subsection (d), by inserting ``State Agency
Agreements Not Cooperative Agreements Under Other
Provisions.--'' after ``(d)''.
(9) Section 203 (16 U.S.C. 670i) is amended--
(A) by inserting at the beginning the following:
``SEC. 203. PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, TRAPPING,
AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS.'';
(B) by striking ``Sec. 203.'';
(C) in subsection (a), by inserting ``Agreements To
Require Stamps.--'' after ``(a)''; and
(D) in subsection (b)--
(i) by inserting ``Conditions for
Agreements.--'' after (b); and
(ii) by moving paragraph (3) 2 ems to the
right, so that the left-hand margin aligns with
that of paragraph (2).
(10) Section 204 (16 U.S.C. 670j) is amended--
(A) by inserting at the beginning the following:
``SEC. 204. ENFORCEMENT PROVISIONS.'';
(B) by striking ``Sec. 204.'';
(C) in subsection (a), by inserting ``Violations
and Penalties.--'' after ``(a)'';
(D) in subsection (b), by inserting ``Enforcement
Powers and Proceedings.--'' after ``(b)'';
(E) in subsection (c), by inserting ``Seizure and
Forfeiture.--'' after ``(c)''; and
(F) in subsection (d), by inserting ``Applicability
of Customs Laws.--'' after ``(d)''.
(11) Section 205 (16 U.S.C. 670k) is amended--
(A) by inserting at the beginning the following:
``SEC. 205. DEFINITIONS.'';
and
(B) by striking ``Sec. 205.''.
(12) Section 206 (16 U.S.C. 670l) is amended--
(A) by inserting at the beginning the following:
``SEC. 206. STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND
BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED FEES.'';
and
(B) by striking ``Sec. 206.''.
(13) Section 207 (16 U.S.C. 670m) is amended--
(A) by inserting at the beginning the following:
``SEC. 207. INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING
INDIAN RIGHTS.'';
and
(B) by striking ``Sec. 207.''.
(14) Section 209 (16 U.S.C. 670o) is amended--
(A) by inserting at the beginning the following:
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.'';
(B) by striking ``Sec. 209.'';
(C) in subsection (a), by inserting ``Functions and
Responsibilities of Secretary of the Interior.--''
after ``(a)'';
(D) in subsection (b), by inserting ``Functions and
Responsibilities of Secretary of Agriculture.--'' after
``(b)'';
(E) in subsection (c), by inserting ``Use of Other
Conservation or Rehabilitation Authorities.--'' after
``(c)''; and
(F) in subsection (d), by inserting ``Contract
Authority.--'' after ``(d)''.
(d) Codification of Change of Name.--Section 204(b) of such Act (16
U.S.C. 670j) is amended by striking ``magistrate'' both places it
appears and inserting ``magistrate judge''.
(e) Repeal of Obsolete Section.--Section 208 of such Act is
repealed, and section 209 of such Act (16 U.S.C. 670o) is redesignated
as section 208.
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