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S. 1979 (100th): A bill to establish the Grays Harbor National Wildlife Refuge.


The text of the bill below is as of Aug 19, 1988 (Passed Congress).


PUBLIC LAW 100-406—AUG. 19, 1988                        102 STAT. 1041

Public Law 100-406
100th Congress
                                An Act
                                                                          Aug. 19,1988
           To establish the Grays Harbor National Wildlife Refuge.
                                                                            [S. 1979]
 Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,                  Birds.
                                                                        Conservation.
SECTION 1. FINDINGS.                                                    Washington.
                                                                        16 u s e 668dd
  The Congress finds that—                                              note.
       (1) Grays Harbor, a ninety-four-square-mile estuary on the
    co£ist of the State of Washington, is of critical importance to
    certain migratory shorebirds and waterfowl and provides impor-
    tant habitat for many types of fish and wildlife, including
    threatened and endangered species;
       (2) the area known as Bowerman Basin is a tidal mudflat
    within the Grays Harbor estuary which attracts hundreds of
    thousands of migratory shorebirds during spring and fall migra-
    tions as well as peregrine falcons and other raptors;
       (3) the Bowerman Basin provides extraordinary recreational,
    research, and educational opportunities for students, scientists,
    birdwatchers, nature photographers, the physically handi-
    capped, and others;
       (4) the Bowerman Basin is an internationally significant
    environmental resource that is unprotected and may require
    active management to prevent vegetative encroachment and to
    otherwise protect and enhance its habitat values; and
       (5) the Bowerman Basin has been identified in the Grays
    Harbor Estuary Management Plan, prepared by Grays Harbor
    Regional Planning Commission, as an area deserving perma-
    nent protection.
SEC. 2. PURPOSES.
  The purposes for which the Grays Harbor National Wildlife
Refuge is established and shall be managed for include—
      (1) to conserve fish and wildlife populations and their habi- Fish and fishing.
    tats, including but not limited to those of western sandpiper,
    dunlin, red knot, long-billed dowitcher, short-billed dowitcher,
    other shorebirds, and other migratory birds, including birds of
    prey;
      (2) to fulfill international treaty obligations of the United International
    States with regard to fish and wildlife and their habitats; agreements.
      (3) to ccytiserve those species known to be threatened with
    extinction; and
      (4) to provide an opportunity, consistent with the purposes set
    forth in paragraphs (1), (2), and (3), for wildlife-oriented recre-
    ation, education, and research.
SEC. 3. DEFINITIONS.
  For purposes of this Act—
      (1) The term "refuge' means the Grays Harbor National
    Wildlife Refuge.

102 STAT. 1042 PUBLIC LAW 100-406—AUG. 19, 1988 (2) The term "lands and waters" includes interests in lands and waters, (3) The term "Secretary" means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. Real property. SEC. 4. ESTABLISHMENT OF REFUGE. Water. (a)(1) The Secretary is authorized and directed to establish, as herein provided, a national wildlife refuge to be known as the Grays Harbor National Wildlife Refuge. (2) There shall be included within the boundaries of the refuge those lands, marshes, tidal flats, submerged lands, and open waters in the State of Washington generally depicted on a map entitled "Grays Harbor National Wildlife Refuge^', dated December, 1987, which comprise approximately one thousand eight hundred acres. Public (3) Said boundary map shall be on file and available for public information. inspection in the office of the Director of the Fish and Wildlife Service, Department of the Interior, and in appropriate offices of the Fish and Wildlife Service in the State of Washington. (b) BOUNDARY REVISIONS.—The Secretary may make such minor revisions in the boundaries designated under subsection (a) as may be necessary to carry out the purposes of the refuge and to facilitate the acquisition of property within the refuge. (c) ACQUISITION.—(1) The Secretary shall, not later than the 3rd anniversary of the effective date of this Act, acquire by transfer or purchase, or both, the approximately one thousand seven hundred eleven acres of lands and waters owned by the Port of Grays Harbor within the refuge and identified as Management Unit 12, Area 1, in the Grays Harbor Estuary Management Plan. (2) The appropriate Federal agencies may consider the transfer of any lands and waters to the Secretary under paragraph (c)(1) as compensation to satisfy, in whole or in part, obligations resulting from water-dependent activities by the Port of Grays Harbor under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344): Provided, That there are no practicable alternatives to such water-dependent activities which would have less adverse impact on the aquatic ecosystem: Provided further, That appropriate and prac- ticable steps have been taken which will minimize, rectify, and reduce adverse impacts to the aquatic ecosystem from those water- dependent activities which can not be avoided. (3) The Secretary is authorized to acquire up to sixty-eight acres of lands and waters owned by the city of Hoquiam within the bound- aries of the Refuge, and to compensate the lessees on such lands and waters for improvements and relocation costs. SEC. 5. ADMINISTRATION. Real property. (a) GENERAL ADMINISTRATIVE AUTHORITY.—The Secretary shall Water. administer all lands, waters, and interests therein, acquired under section 4 in accordance with the provisions of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee). Recreation. (b) OTHER AUTHORITY.—Consistent with the provisions of section Education. 5(a) of this Act, the Secretary may utilize such additional statutory authority as may be available to him for the conservation and development of fish, wildlife, and natural resources, the develop- ment of outdoor recreation opportunities, and interpretative edu- cation as he considers appropriate to carry out the purposes of the refuge.
PUBLIC LAW 100-406—AUG. 19, 1988 102 STAT. 1043 (c) MANAGEMENT PLAN.—Within eighteen months after the effec- tive date of this Act, the Secretary shall prepare a management plan for the development and operation of the refuge which shall include— (1) the construction of a visitor center suitable for year-round Education. use with special emph£isis in interpretative education and Research and research; development. (2) viewpoints, boardwalks, and access; (3) parking and other necessary facilities; and (4) a comprehensive plan setting forth refuge management priorities and strategies. The Secretary shall provide opportunity for public participation in developing the management plan. SEC. 6. AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated to the Department of the Interior— (1) such sums as may be necessary for the acquisition of the lands and waters referred to in section 4(c)(1). (2) not to exceed $2,500,000 to carry out other provisions of this Act. SEC. 7. REFUGE DEVELOPMENT FUND. Gifts and property. The Director of the United States Fish and Wildlife Service shall, upon enactment of this Act, promptly request that the National Fish and Wildlife Foundation created by Public Law 98-244 take those measures that the Foundation deems appropriate to encourage, accept, and administer private gifts of property to further the purposes of this Act. The Secretary shall, in preparing the manage- ment plan required by section 5(c), give special consideration to means by which the participation and contributions of local public and private entities in developing and implementing such plan can be encouraged. SEC. 8. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act, or January 1, 1988, whichever date occurs later. Approved August 19, 1988. LEGISLATIVE HISTORY—S. 1979: SENATE REPORTS: No. 100-403 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 134 (1988): July 7, considered snd passed Senate. Aug. 8, considered £uid passed House.