H.R. 1141 (104th): Sikes Act Improvement Amendments of 1995

104th Congress, 1995–1996. Text as of Jul 12, 1995 (Referred to Senate Committee).

Status & Summary | PDF | Source: GPO

HR 1141 RFS

104th CONGRESS

1st Session

H. R. 1141

IN THE SENATE OF THE UNITED STATES

JULY 12 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on Environment and Public Works


AN ACT

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 1995’.

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 not 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 the 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 ‘MILITARY 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, and 1998,’.

    (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, and 1998, 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, and 1998, to enable the Secretary of Agriculture’.

Passed the House of Representatives July 11, 1995.

Attest:

ROBIN H. CARLE,

Clerk.