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H.R. 9424 (89th): An Act to provide for the conservation, protection, and propagation of native species of fish and wildlife, including migratory birds, that are threatened with extinction to consolidate the authorities Relating to the administration by the Secretary of the Interior of the National Wildlife Refuge System and for other purposes

The text of the bill below is as of Oct 15, 1966 (Passed Congress).


926                                  PUBLIC LAW 89-669-OCT. 15, 1966                     [80   STAT.

                    Public Law 89-669
October 15, 1966                                        AN ACT
  [H. R. 9424]
                    To provide for the conservation, protection, and proi)agation of native si)ecies
                      of fish and vs^ildlife, including migratory birds, that are threatened with
                      extinction; to consolidate the authorities relating to the administration by
                      the Secretary of the Interior of the National Wildlife Refuge System; and
                      for other purposes.

                       Be it enacted hy the Senate and House of Representatives of the
   Fish and wild-
life.                United States of America in Congress assembled^ That (a) tlie Con-
   Conservation     gress finds and declares that one of the unfortunate consequences of
and protection.     growth and development in the United States has been the extermi-
                    nation of some native species of fish and wildlife; that serious losses
                    in other species of native wild animals with educational, historical,
                    recreational, and scientific value have occurred and are occurring; and
                    that the United States has pledged itself, pursuant to migratory bird
  39 Stat. 1702;    treaties with Canada and Mexico and the Convention on Nature Pro-
50 Stat. 1311.
  56 Stat. 1354.    tection and Wildlife Preservation in the Western Hemisphere, to
                    conserve and protect, where practicable, the various species of native
                    fish and wildlife, including game and nongame migratory birds, that
                    are threatened with extinction. The purposes of this Act are to pro-
                    vide a program for the conservation, protection, restoration, and
                    propagation of selected species of native fish and wildlife, including
                    migratory birds, that are threatened with extinction, and to consoli-
                    date, restate, and modify the present authorities relating to adminis-
                    tration by the Secretary of the Interior of the National Wildlife
                    Eefuge System.
                       (b) I t is further declared to be the policy of Congress that the
                    Secretary of the Interior, the Secretary of Agriculture, and the Sec-
                    retary of Defense, together with the heads of bureaus, agencies, and
                    services within their departments, shall seek to protect species of
                    native fish and wildlife, including migratory birds, that are threatened
                    with extinction, and, insofar as is practicable and consistent with the
                    primary purposes of such bureaus, agencies, and services, shall pre-
                    serve the habitats of such threatened species on lands under their
                    jurisdiction.
  Endangered           (c) A species of native fish and wildlife shall be regarded as
species.
                    threatened with extinction whenever the Secretary of the Interior
                    finds, after consultation with the affected States, that its existence is
                    endangered because its habitat is threatened with destruction, drastic
                    modification, or severe curtailment, or because of overexploitation, dis-
                    ease, predation, or because of other factors, and that its survival
                    requires assistance. In addition to consulting with the States, the
                    Secretary shall, from time to time, seek the advice and recommenda-
                    tions of interested persons and organizations including, but not lim-
                    ited to, ornithologists, ichthyologists, ecologists, herpetologists, and
 Publication in     mammalogists. He shall publish in the Federal Register the names of
Federal Register.
                    the species of native fish and wildlife found to be threatened with
                    extinction in accordance with this paragraph.
                       SEC. 2. (a) The Secretary of the Interior shall utilize the land
                    acquisition and other authorities of the Migratory Bird Conservation
                    Act, as amended, the Fish and Wildlife Act of 1956, as amended, and
  45 Stat. 1222;
70 Stat. 1119;      the Fish and Wildlife Coordination Act to carry out a program in
60 Stat. 1080.      the United States of conserving, protecting, restoring, and propagat-
  16 u s e 715,     ing selected species of native fish and wildlife that are threatened with
742a note, 661
note.               extinction.

80 STAT.] PUBLIC LAW 89-669-OCT. 15, 1966 927 (b) In addition to the land acquisition authorities in such Acts, the Secretary is hereby authorized to acquire by purchase, donation, or otherwise, lands or interests therein needed to carry out the purpose of this Act relating to the conservation, protection, restoration, and propagation of selected species of native fish that are threatened with extinction. (c) Funds made available pursuant to the Land and Water Con- servation Fund Act of 1965 (78 Stat. 897) may be used for the purpose n o16t eu. s e 460/-4 of acquiring lands, waters, or interests therein pursuant to this section that are needed for the purpose of conserving, protecting, restoring, and propagating selected species of native fish and wildlife, including migratory birds, that are threatened with extinction. Not to exceed $5,000,000 may be appropriated annually pursuant to that Act for such purpose for any fiscal year, and the total sum appropriated for such purpose shall not exceed $15,000,000: Provided^ That the Secre- tary shall, to the greatest extent possible, utilize funds from the Land and Water Conservation Fund Act of 1965 for such purpose. Such sums shall remain available until expended. The Secretary shall not use more than $750,000 to acquire lands, waters, or interests therein for any one area for such purpose unless authorized by Act of Congress. (d) The Secretary shall review other programs administered by him and, to the extent practicable, utilize such programs in further- ance of the purpose of this Act. The Secretary shall also encourage other Federal agencies to utilize, where practicable, their authorities in furtherance of the purpose of this Act and shall consult with and assist such agencies in carrying out endangered species program. SEC. 3. (a) I n carrying out the program authorized by this Act, the Cooperation with States. Secretary shall cooperate to the maximum extent practicable with the several States. Such cooperation shall include consultation before the acj^uisition of any land for the purpose of conserving, protecting, restoring, or propagating any endangered species of native fish and wildlife. (b) The Secretary may enter into agreements with the States for the administration and management of any area established for the conservation, protection, restoration, and propagation of endangered species of native fish and wildlife. Any revenues derived from the administration of such areas under these agreements shall be subject to the provisions of section 401 of the Act of June 15, 1935 (49 Stat. 383), as amended (16 U.S.C. 715s). 78..«„onax Stat. 7 0 1w . " N a t i o n a l Wild- SEC. 4. (a) F o r the purpose of consolidating the authorities relating life'iTe'fugrsy to the various categories of areas that are administered by the Secre- tem." tary of the Interior for the conservation of fish and wildlife, including species that are threatened with extinction, all lands, waters, and in- terests therein administered by the Secretary as wildlife refuges, areas for the protection and conservation of fish and wildlife that are threat- ened with extinction, wildlife ranges, game ranges, wildlife manage- jnent areas, or waterfowl production areas are hereby designated as the "National Wildlife Kefuge System" (referred to herein as the "System"), which shall be subject to the provisions of this section. Nothing contained in this Act shall restrict the authority of the Secre- tary to modify or revoke public land withdrawals affecting lands in the System as presently constituted, or as it may be constituted, when- ever he determines that such action is consistent with the public interest. (b) I n administering the System, the Secretary is authorized— Admini stra tion. (1) to enter into contracts with any person or public or private agency through negotiation for the provision of public accom- modations when, and in such locations, and to the extent that the
928 PUBLIC LAW 89-669-OCT. 15, 1966 [80 STAT. Secretary determines will not be inconsistent "svitli tlie prinuiry purpose for which the affected area was established. (2) to accept donations of funds and to use such funds to acquire or manage lands or interests therein, and (3) to acquire lands or interests therein by exchange (a) for acquired lands or public lands under his jurisdiction which he finds suitable for disposition, or (b) for the right to remove, in accord- ance with such terms and conditions as the Secretary may pre- scribe, products from the acquired or public lands withm the System. The values of the properties so exchanged either shall be approximately equal^ or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require. Prohibited (c) No person shall knowingly disturb, injure, cut, burn, remove, activities. destroy, or possess any real or personal property of the United States, including natural growth, in any area of the System; or take or pos- sess any fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or nest or egg thereof within any such area; or enter, use, or otherwise occupy any such area for any purpose; unless such activities are performed by persons authorized to manage such area, or unless such activities are permitted either under subsection (d) of this section or by express provision of the law, proclamation. Execu- tive order, or public land order establishing the area, or amendment thereof: Provided, That the United States mining and mineral leasing laws shall continue to apply to any lands within the System to the same extent they apply prior to the effective date of this Act unless subsequently withdrawn under other authority of law. Nothing in this Act shall be construed to authorize the Secretary to control or regulate hunting or fishing of resident fish and wildlife, including endangered species thereof, on lands not within the System. The regulations permitting hunting and fishing of resident fish and wild- life within the System shall be, to the extent practicable, consistent with State fish and wildlife laws and regulations. The provisions of this Act shall not be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations in any area within the System. Use of areas. (d) The Secretary is authorized, under such regulations as he may prescribe, to— (1) permit the use of any area within the System for any pur- pose, including but not limited to hunting, fishing, public recrea- tion and accommodations, and access whenever he determines that such uses are compatible with the major purposes for which such areas were established: Provided, That not to exceed 40 per centum at any one time of any area that has been, or hereafter may be acquired, reserved, or set apart as an inviolate sanctuary for migratory birds, under any law, proclamation. Executive order, or public land order may oe administered by the Secretary as an area within which the taking of migratory game birds may be per- mitted under such regulations as he may prescribe; and (2) permit the use 6f, or grant easements in, over, across, upon, through, or under any areas within the System for purposes such as but not necessarily limited to, powerlines, telephone lines, canals, ditches, pipelines, and roads, including the construction, operation, and maintenance thereof, whenever he determines that such uses are compatible with the purposes for which these areas are established. Penalties. (e^ Any person who violates or fails to comply with any of the provisions of this Act or any regulations issued thereunder shall be
80 STAT.] PUBLIC LAW 89-669-OCT. 15, 1966 929 fined not more than $500 or be imprisoned not more tlian six months, or both. (f) Any person authorized by the Secretary of the Interior to Enforcement. enforce the provisions of this Act or any regulations issued there- under, may, without a warrant, arrest any person violating this Act or regulations in his presence or view, and may execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this Act or regulations, and may with a search warrant search for and seize any property, fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or nest or egg thereof, taken or possessed in violation of this Act or the regulations issued thereunder. Any property, fish, bird, mammal, or other wild vertebrate or invertebrate animals or part or egg thereof seized with or without a search warrant shall be held by such person or by a United States marshal, and upon conviction, shall be forfeited to the United States and disposed of by the court. (g) Regulations applicable to areas of the System that are in effect on the date of enactment of this Act shall continue in effect until modi- fied or rescinded. (h) Nothing in this section shall be construed to amend, repeal, or otherwise modify the provision of the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460K—460K-4) which authorizes the Secretary of the Interior to administer the areas within the System for public recreation. The provisions of this section relating to recreation shall be administered in accordance with the provisions of said Act. (i) Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from State water laws. SEC. 5. (a) The term "person" as used in this Act means any indi- Definitions. vidual, partnership, corporation, or association. (b) The terms "take" or "taking" or "taken" as used in this Act mean to pursue, hunt, shoot, capture, collect, kill, or attempt to pur- sue, hunt, shoot, capture, collect, or kill. (c) The terms "State" and the "United States" as used in this Act mean the several States of the United States, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam. SEC. 6. Section 4(b) of the Act of March 16, 1934 (48 Stat. 451), as amended (16 U.S.C. 7 l 8 d ( b ) ) , is further amended by changing the 72 Stat. 486. colon after the word "areas" to a period and striking the provisos, which relate to hunting at certain wildlife refuges and which are now covered by section 4 of this Act. SEC. 7. (a) Sections 4 and 12 of the Migratory Bird Conservation Act (45 Stat. 1222), as amended (16 U.S.C. 7l5c and 715k), are fur- ther amended by deleting the word "game" wherever it appears. (b) Section 10 of the Migratory Bird Conservation Act (45 Stat. 1224), as amended (16 U.S.C. 7l5i), which relates to the administra- tion of certain wildlife refuges, is amended to read as follows: "SEC. 10. (a) Areas of lands, waters, or interests therein acquired or reserved pursuant to this Act shall, unless otherwise provided by law, be administered by the Secretary of the Interior under rules and regulations prescribed by him to conserve and protect migratory birds in accordance with treaty obligations with Mexico and Canada, and other species of wildlife found thereon, including species that are threatened with extinction, and to restore or develop adequate wildlife habitat.
930 PUBLIC LAW 89-669-OCT. 15, 1966 [80 STAT. " ( b ) I n administering such areas, the Secretary is authorized to manage timber, range, and agricultural crops; to manage other species of animals, including but not limited to fenced range animals, with the objectives of perpetuating, distributing, and utilizing the resources; and to enter into agreements with public and private agencies." (c) Section 11 of the Migratory Bird Conservation Act (45 Stat. 45 Stat. 1224. 1224) (16 U.S.C. 7l5j) is amended by striking the period at the end thereof and adding the following: "(39 Stat. 1702) and the treaty between the United States and the United Mexican States for the pro- tection of migratory birds and game mammals concluded February 7, 1936 (50 Stat. 1311)." ^^p^^^- (d) Sections 13 and 14 of the Migratory Bird Conservation Act (45 Stat. 1225), as amended (16 U.S.C. 7151 and 7l5m), which provide for the enforcement of said Act and for penalties for violations thereof and which are covered by section 4 of this Act, are repealed. ^^P^^^- SEC. 8. (a) Sections 302 and 303 of title I I I of the Act of June 15, 1935 (49 Stat. 382), as amended (16 U.S.C. 7 l 5 d - l and 7l5d-2), which authorize exchanges at wildlife refuges and which are covered by section 4 of this Act, are repealed. (b) The last sentence of section 401(a) of the Act of June 15, 1935 78 Stat. 701. (49 Stat. 383), as amended (16 U.S.C. 7l5s), is amended by inserting after the term "wildlife refuges", the following: "lands acquired or reserved for the protection and conservation of fish and wildlife that are threatened with extinction,". SEC. 9. The first clause in section 1 of the Act of September 28, 16 use 460k. i9g2 (76 Stat. 653), is amended by deleting the words "national wild- life refuges, game ranges," and inserting therein "areas within the National Wildlife Refuge System,". othe7wUdLfe"f S^c- 10. (a) The first sentence in section 1 of the Act of August 22, preservation.' 1957 (7l Stat. 412; 16 U.S.C. 696), is amended to read as follows: "SEC. 1. I n order to protect and preserve in the national interest the key deer and other wildlife resources in the Florida Keys, the Secre- tary of the Interior is authorized to acquire by purchase, lease, ex- change, and donations, including the use of donated funds, such lands or interests therein in townships 65 and 66 south, ranges 28, 29, and 30 east, Monroe County, Florida, as he shall find to be suitable for the conservation and management of the said key deer and other wildlife: Provided^ That no lands within a one thousand-foot zone adjacent to either side of United States Highway Numbered 1 in Monroe County shall be acquired for the Key Deer National Wildlife Refuge by condemnation. The Secretary, m the exercise of his ex- change authority, may accept title to any non-Federal property in townships 65 and 66 south, ranges 28, 29, and 30 east, Monroe County, Florida, and in exchange therefor convey to the grantor of such property any federally owned property in the State of Florida under his jurisdiction which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require." 71 Stat. 413. (b) Section 3 of such Act of August 22,1957 (16 U.S.C. 696b), is amended by striking out the second and third sentences and inserting in lieu thereof the following: "The Secretary shall not utilize more than $2,035,000 from appropriated funds for the acquisition of land and interests in land for tne purposes of this Act." Approved October 15, 1966o