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TITLE 16--CONSERVATION CHAPTER 5A--PROTECTION AND CONSERVATION OF WILDLIFE - National Wildlife Refuge System Administration Act

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 20, 2004]
[Document not affected by Public Laws enacted between
January 20, 2004 and December 23, 2004]
[CITE: 16USC668dd]


TITLE 16--CONSERVATION

CHAPTER 5A--PROTECTION AND CONSERVATION OF WILDLIFE

SUBCHAPTER III--ENDANGERED SPECIES OF FISH AND WILDLIFE

Sec. 668dd. National Wildlife Refuge System


(a) Designation; administration; continuance of resources-management-
programs for refuge lands in Alaska; disposal of acquired lands;
proceeds

(1) For the purpose of consolidating the authorities relating to the
various categories of areas that are administered by the Secretary for
the conservation of fish and wildlife, including species that are
threatened with extinction, all lands, waters, and interests therein
administered by the Secretary as wildlife refuges, areas for the
protection and conservation of fish and wildlife that are threatened
with extinction, wildlife ranges, game ranges, wildlife management
areas, or waterfowl production areas are hereby designated as the
``National Wildlife Refuge System'' (referred to herein as the
``System''), which shall be subject to the provisions of this section,
and shall be administered by the Secretary through the United States
Fish and Wildlife Service. With respect to refuge lands in the State of
Alaska, those programs relating to the management of resources for which
any other agency of the Federal Government exercises administrative
responsibility through cooperative agreement shall remain in effect,
subject to the direct supervision of the United States Fish and Wildlife
Service, as long as such agency agrees to exercise such responsibility.
(2) The mission of the System is to administer a national network of
lands and waters for the conservation, management, and where
appropriate, restoration of the fish, wildlife, and plant resources and
their habitats within the United States for the benefit of present and
future generations of Americans.
(3) With respect to the System, it is the policy of the United
States that--
(A) each refuge shall be managed to fulfill the mission of the
System, as well as the specific purposes for which that refuge was
established;
(B) compatible wildlife-dependent recreation is a legitimate and
appropriate general public use of the System, directly related to
the mission of the System and the purposes of many refuges, and
which generally fosters refuge management and through which the
American public can develop an appreciation for fish and wildlife;
(C) compatible wildlife-dependent recreational uses are the
priority general public uses of the System and shall receive
priority consideration in refuge planning and management; and
(D) when the Secretary determines that a proposed wildlife-
dependent recreational use is a compatible use within a refuge, that
activity should be facilitated, subject to such restrictions or
regulations as may be necessary, reasonable, and appropriate.

(4) In administering the System, the Secretary shall--
(A) provide for the conservation of fish, wildlife, and plants,
and their habitats within the System;
(B) ensure that the biological integrity, diversity, and
environmental health of the System are maintained for the benefit of
present and future generations of Americans;
(C) plan and direct the continued growth of the System in a
manner that is best designed to accomplish the mission of the
System, to contribute to the conservation of the ecosystems of the
United States, to complement efforts of States and other Federal
agencies to conserve fish and wildlife and their habitats, and to
increase support for the System and participation from conservation
partners and the public;
(D) ensure that the mission of the System described in paragraph
(2) and the purposes of each refuge are carried out, except that if
a conflict exists between the purposes of a refuge and the mission
of the System, the conflict shall be resolved in a manner that first
protects the purposes of the refuge, and, to the extent practicable,
that also achieves the mission of the System;
(E) ensure effective coordination, interaction, and cooperation
with owners of land adjoining refuges and the fish and wildlife
agency of the States in which the units of the System are located;
(F) assist in the maintenance of adequate water quantity and
water quality to fulfill the mission of the System and the purposes
of each refuge;
(G) acquire, under State law, water rights that are needed for
refuge purposes;
(H) recognize compatible wildlife-dependent recreational uses as
the priority general public uses of the System through which the
American public can develop an appreciation for fish and wildlife;
(I) ensure that opportunities are provided within the System for
compatible wildlife-dependent recreational uses;
(J) ensure that priority general public uses of the System
receive enhanced consideration over other general public uses in
planning and management within the System;
(K) provide increased opportunities for families to experience
compatible wildlife-dependent recreation, particularly opportunities
for parents and their children to safely engage in traditional
outdoor activities, such as fishing and hunting;
(L) continue, consistent with existing laws and interagency
agreements, authorized or permitted uses of units of the System by
other Federal agencies, including those necessary to facilitate
military preparedness;
(M) ensure timely and effective cooperation and collaboration
with Federal agencies and State fish and wildlife agencies during
the course of acquiring and managing refuges; and
(N) monitor the status and trends of fish, wildlife, and plants
in each refuge.

(5) No acquired lands which are or become a part of the System may
be transferred or otherwise disposed of under any provision of law
(except by exchange pursuant to subsection (b)(3) of this section)
unless--
(A) the Secretary determines with the approval of the Migratory
Bird Conservation Commission that such lands are no longer needed
for the purposes for which the System was established; and
(B) such lands are transferred or otherwise disposed of for an
amount not less than--
(i) the acquisition costs of such lands, in the case of
lands of the System which were purchased by the United States
with funds from the migratory bird conservation fund, or fair
market value, whichever is greater; or
(ii) the fair market value of such lands (as determined by
the Secretary as of the date of the transfer or disposal), in
the case of lands of the System which were donated to the
System.

The Secretary shall pay into the migratory bird conservation fund the
aggregate amount of the proceeds of any transfer or disposal referred to
in the preceding sentence.
(6) Each area which is included within the System on January 1,
1975, or thereafter, and which was or is--
(A) designated as an area within such System by law, Executive
order, or secretarial order; or
(B) so included by public land withdrawal, donation, purchase,
exchange, or pursuant to a cooperative agreement with any State or
local government, any Federal department or agency, or any other
governmental entity,

shall continue to be a part of the System until otherwise specified by
Act of Congress, except that nothing in this paragraph shall be
construed as precluding--
(i) the transfer or disposal of acquired lands within any such
area pursuant to paragraph (5) of this subsection;
(ii) the exchange of lands within any such area pursuant to
subsection (b)(3) of this section; or
(iii) the disposal of any lands within any such area pursuant to
the terms of any cooperative agreement referred to in subparagraph
(B) of this paragraph.

(b) Administration; public accommodations contracts; acceptance and use
of funds; exchange of properties; cash equalization payments

In administering the System, the Secretary is authorized to take the
following actions:
(1) Enter into contracts with any person or public or private
agency through negotiation for the provision of public
accommodations when, and in such locations, and to the extent that
the Secretary determines will not be inconsistent with the primary
purpose for which the affected area was established.
(2) Accept donations of funds and to use such funds to acquire
or manage lands or interests therein.
(3) Acquire lands or interests therein by exchange (A) for
acquired lands or public lands, or for interests in acquired or
public lands, under his jurisdiction which he finds to be suitable
for disposition, or (B) for the right to remove, in accordance with
such terms and conditions as he may prescribe, products from the
acquired or public lands within 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.
(4) Subject to standards established by and the overall
management oversight of the Director, and consistent with standards
established by this Act, to enter into cooperative agreements with
State fish and wildlife agencies for the management of programs on a
refuge.
(5) Issue regulations to carry out this Act.

(c) Prohibited and permitted activities; application of mining and
mineral leasing laws, hunting or fishing regulations, and State
laws or regulations

No person shall disturb, injure, cut, burn, remove, destroy, or
possess any real or personal property of the United States, including
natural growth, in any area of the System; or take or possess 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, Executive 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 October 15, 1966, unless subsequently withdrawn under other authority
of law. With the exception of endangered species and threatened species
listed by the Secretary pursuant to section 1533 of this title in States
wherein a cooperative agreement does not exist pursuant to section
1535(c) of this title, nothing in this Act shall be construed to
authorize the Secretary to control or regulate hunting or fishing of
resident fish and wildlife on lands not within the system. The
regulations permitting hunting and fishing of resident fish and wildlife
within the System shall be, to the extent practicable, consistent with
State fish and wildlife laws and regulations.

(d) Use of areas; administration of migratory bird sanctuaries as game
taking areas; rights of way, easements, and reservations;
payment of fair market value

(1) The Secretary is authorized, under such regulations as he may
prescribe, to--
(A) permit the use of any area within the System for any
purpose, including but not limited to hunting, fishing, public
recreation 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 be administered by the Secretary as an area
within which the taking of migratory game birds may be permitted
under such regulations as he may prescribe unless the Secretary
finds that the taking of any species of migratory game birds in more
than 40 percent of such area would be beneficial to the species; and
(B) permit the use of, 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.

(2) Notwithstanding any other provision of law, the Secretary may
not grant to any Federal, State, or local agency or to any private
individual or organization any right-of-way, easement, or reservation
in, over, across, through, or under any area within the system in
connection with any use permitted by him under paragraph (1)(B) of this
subsection unless the grantee pays to the Secretary, at the option of
the Secretary, either (A) in lump sum the fair market value (determined
by the Secretary as of the date of conveyance to the grantee) of the
right-of-way, easement, or reservation; or (B) annually in advance the
fair market rental value (determined by the Secretary) of the right-of-
way, easement, or reservation. If any Federal, State, or local agency is
exempted from such payment by any other provision of Federal law, such
agency shall otherwise compensate the Secretary by any other means
agreeable to the Secretary, including, but not limited to, making other
land available or the loan of equipment or personnel; except that (A)
any such compensation shall relate to, and be consistent with, the
objectives of the National Wildlife Refuge System, and (B) the Secretary
may waive such requirement for compensation if he finds such requirement
impracticable or unnecessary. All sums received by the Secretary
pursuant to this paragraph shall, after payment of any necessary
expenses incurred by him in administering this paragraph, be deposited
into the Migratory Bird Conservation Fund and shall be available to
carry out the provisions for land acquisition of the Migratory Bird
Conservation Act (16 U.S.C. 715 et seq.) and the Migratory Bird Hunting
Stamp Act (16 U.S.C. 718 et seq.).
(3)(A)(i) Except as provided in clause (iv), the Secretary shall not
initiate or permit a new use of a refuge or expand, renew, or extend an
existing use of a refuge, unless the Secretary has determined that the
use is a compatible use and that the use is not inconsistent with public
safety. The Secretary may make the determinations referred to in this
paragraph for a refuge concurrently with development of a conservation
plan under subsection (e) of this section.
(ii) On lands added to the System after March 25, 1996, the
Secretary shall identify, prior to acquisition, withdrawal, transfer,
reclassification, or donation of any such lands, existing compatible
wildlife-dependent recreational uses that the Secretary determines shall
be permitted to continue on an interim basis pending completion of the
comprehensive conservation plan for the refuge.
(iii) Wildlife-dependent recreational uses may be authorized on a
refuge when they are compatible and not inconsistent with public safety.
Except for consideration of consistency with State laws and regulations
as provided for in subsection (m) of this section, no other
determinations or findings are required to be made by the refuge
official under this Act or the Refuge Recreation Act for wildlife-
dependent recreation to occur.
(iv) Compatibility determinations in existence on October 9, 1997,
shall remain in effect until and unless modified.
(B) Not later than 24 months after October 9, 1997, the Secretary
shall issue final regulations establishing the process for determining
under subparagraph (A) whether a use of a refuge is a compatible use.
These regulations shall--
(i) designate the refuge official responsible for making initial
compatibility determinations;
(ii) require an estimate of the timeframe, location, manner, and
purpose of each use;
(iii) identify the effects of each use on refuge resources and
purposes of each refuge;
(iv) require that compatibility determinations be made in
writing;
(v) provide for the expedited consideration of uses that will
likely have no detrimental effect on the fulfillment of the purposes
of a refuge or the mission of the System;
(vi) provide for the elimination or modification of any use as
expeditiously as practicable after a determination is made that the
use is not a compatible use;
(vii) require, after an opportunity for public comment,
reevaluation of each existing use, other than those uses specified
in clause (viii), if conditions under which the use is permitted
change significantly or if there is significant new information
regarding the effects of the use, but not less frequently than once
every 10 years, to ensure that the use remains a compatible use,
except that, in the case of any use authorized for a period longer
than 10 years (such as an electric utility right-of-way), the
reevaluation required by this clause shall examine compliance with
the terms and conditions of the authorization, not examine the
authorization itself;
(viii) require, after an opportunity for public comment,
reevaluation of each compatible wildlife-dependent recreational use
when conditions under which the use is permitted change
significantly or if there is significant new information regarding
the effects of the use, but not less frequently than in conjunction
with each preparation or revision of a conservation plan under
subsection (e) of this section or at least every 15 years, whichever
is earlier; and
(ix) provide an opportunity for public review and comment on
each evaluation of a use, unless an opportunity for public review
and comment on the evaluation of the use has already been provided
during the development or revision of a conservation plan for the
refuge under subsection (e) of this section or has otherwise been
provided during routine, periodic determinations of compatibility
for wildlife-dependent recreational uses.

(4) The provisions of this Act relating to determinations of the
compatibility of a use shall not apply to--
(A) overflights above a refuge; and
(B) activities authorized, funded, or conducted by a Federal
agency (other than the United States Fish and Wildlife Service)
which has primary jurisdiction over a refuge or a portion of a
refuge, if the management of those activities is in accordance with
a memorandum of understanding between the Secretary or the Director
and the head of the Federal agency with primary jurisdiction over
the refuge governing the use of the refuge.

(e) Refuge conservation planning program for non-Alaskan refuge lands

(1)(A) Except with respect to refuge lands in Alaska (which shall be
governed by the refuge planning provisions of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.)), the Secretary
shall--
(i) propose a comprehensive conservation plan for each refuge or
related complex of refuges (referred to in this subsection as a
``planning unit'') in the System;
(ii) publish a notice of opportunity for public comment in the
Federal Register on each proposed conservation plan;
(iii) issue a final conservation plan for each planning unit
consistent with the provisions of this Act and, to the extent
practicable, consistent with fish and wildlife conservation plans of
the State in which the refuge is located; and
(iv) not less frequently than 15 years after the date of
issuance of a conservation plan under clause (iii) and every 15
years thereafter, revise the conservation plan as may be necessary.

(B) The Secretary shall prepare a comprehensive conservation plan
under this subsection for each refuge within 15 years after October 9,
1997.
(C) The Secretary shall manage each refuge or planning unit under
plans in effect on October 9, 1997, to the extent such plans are
consistent with this Act, until such plans are revised or superseded by
new comprehensive conservation plans issued under this subsection.
(D) Uses or activities consistent with this Act may occur on any
refuge or planning unit before existing plans are revised or new
comprehensive conservation plans are issued under this subsection.
(E) Upon completion of a comprehensive conservation plan under this
subsection for a refuge or planning unit, the Secretary shall manage the
refuge or planning unit in a manner consistent with the plan and shall
revise the plan at any time if the Secretary determines that conditions
that affect the refuge or planning unit have changed significantly.
(2) In developing each comprehensive conservation plan under this
subsection for a planning unit, the Secretary, acting through the
Director, shall identify and describe--
(A) the purposes of each refuge comprising the planning unit;
(B) the distribution, migration patterns, and abundance of fish,
wildlife, and plant populations and related habitats within the
planning unit;
(C) the archaeological and cultural values of the planning unit;
(D) such areas within the planning unit that are suitable for
use as administrative sites or visitor facilities;
(E) significant problems that may adversely affect the
populations and habitats of fish, wildlife, and plants within the
planning unit and the actions necessary to correct or mitigate such
problems; and
(F) opportunities for compatible wildlife-dependent recreational
uses.

(3) In preparing each comprehensive conservation plan under this
subsection, and any revision to such a plan, the Secretary, acting
through the Director, shall, to the maximum extent practicable and
consistent with this Act--
(A) consult with adjoining Federal, State, local, and private
landowners and affected State conservation agencies; and
(B) coordinate the development of the conservation plan or
revision with relevant State conservation plans for fish and
wildlife and their habitats.

(4)(A) In accordance with subparagraph (B), the Secretary shall
develop and implement a process to ensure an opportunity for active
public involvement in the preparation and revision of comprehensive
conservation plans under this subsection. At a minimum, the Secretary
shall require that publication of any final plan shall include a summary
of the comments made by States, owners of adjacent or potentially
affected land, local governments, and any other affected persons, and a
statement of the disposition of concerns expressed in those comments.
(B) Prior to the adoption of each comprehensive conservation plan
under this subsection, the Secretary shall issue public notice of the
draft proposed plan, make copies of the plan available at the affected
field and regional offices of the United States Fish and Wildlife
Service, and provide opportunity for public comment.

(f) Penalties

(1) Knowing violations

Any person who knowingly violates or fails to comply with any of
the provisions of this Act or any regulations issued thereunder
shall be fined under title 18 or imprisoned for not more than 1
year, or both.

(2) Other violations

Any person who otherwise violates or fails to comply with any of
the provisions of this Act (including a regulation issued under this
Act) shall be fined under title 18 or imprisoned not more than 180
days, or both.

(g) Enforcement provision; arrests, searches, and seizures; custody of
property; forfeitures; disposition

Any person authorized by the Secretary to enforce the provisions of
this Act or any regulations issued thereunder, 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 competence 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 Secretary, in accordance with law. The Director of the United States
Fish and Wildlife Service is authorized to utilize by agreement, with or
without reimbursement, the personnel and services of any other Federal
or State agency for purposes of enhancing the enforcement of this Act.

(h) Regulations; continuation, modification, or rescission

Regulations applicable to areas of the System that are in effect on
October 15, 1966, shall continue in effect until modified or rescinded.

(i) National conservation recreational area provisions; amendment,
repeal, or modification

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 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 sections.

(j) Exemption from State water laws

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.

(k) Emergency power

Notwithstanding any other provision of this Act, the Secretary may
temporarily suspend, allow, or initiate any activity in a refuge in the
System if the Secretary determines it is necessary to protect the health
and safety of the public or any fish or wildlife population.

(l) Hunting and fishing on lands and waters not within System

Nothing in this Act shall be construed to authorize the Secretary to
control or regulate hunting or fishing of fish and resident wildlife on
lands or waters that are not within the System.

(m) State authority

Nothing in this Act shall 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. Regulations permitting
hunting or fishing of fish and resident wildlife within the System shall
be, to the extent practicable, consistent with State fish and wildlife
laws, regulations, and management plans.

(n) Water rights

(1) Nothing in this Act shall--
(A) create a reserved water right, express or implied, in the
United States for any purpose;
(B) affect any water right in existence on October 9, 1997; or
(C) affect any Federal or State law in existence on October 9,
1997, regarding water quality or water quantity.

(2) Nothing in this Act shall diminish or affect the ability to join
the United States in the adjudication of rights to the use of water
pursuant to section 666 of title 43.

(o) Coordination with State agencies

Coordination with State fish and wildlife agency personnel or with
personnel of other affected State agencies pursuant to this Act shall
not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).

(Pub. L. 89-669, Sec. 4, Oct. 15, 1966, 80 Stat. 927; Pub. L. 90-404,
Sec. 1, July 18, 1968, 82 Stat. 359; Pub. L. 93-205, Sec. 13(a), Dec.
28, 1973, 87 Stat. 902; Pub. L. 93-509, Sec. 2, Dec. 3, 1974, 88 Stat.
1603; Pub. L. 94-215, Sec. 5, Feb. 17, 1976, 90 Stat. 190; Pub. L. 94-
223, Feb. 27, 1976, 90 Stat. 199; Pub. L. 95-616, Secs. 3(f), 6, Nov. 8,
1978, 92 Stat. 3111, 3114; Pub. L. 100-226, Sec. 4, Dec. 31, 1987, 101
Stat. 1551; Pub. L. 100-653, title IX, Sec. 904, Nov. 14, 1988, 102
Stat. 3834; Pub. L. 105-57, Secs. 3(b)-8, Oct. 9, 1997, 111 Stat. 1254-
1259; Pub. L. 105-312, title II, Sec. 206, Oct. 30, 1998, 112 Stat.
2958.)

References in Text

This Act, referred to in text, means Pub. L. 89-669, Oct. 15, 1966,
80 Stat. 927, as amended, which enacted sections 668aa to 668ee, amended
sections 460k, 696, 696b, 715c, 715i to 715k, 718d, and repealed
sections 715d-1, 715d-2, 715l, 715m of this title. For complete
classification of this Act to the Code, see Tables.
The United States mining laws and mineral leasing laws, referred to
in subsec. (c), are classified generally to Title 30, Mineral Lands and
Mining.
The Migratory Bird Conservation Act, referred to in subsec. (d)(2),
is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, as amended, which is
classified generally to subchapter III (Sec. 715 et seq.) of chapter 7
of this title. For complete classification of this Act to the Code, see
section 715 of this title and Tables.
The Migratory Bird Hunting Stamp Act, referred to in subsec. (d)(2),
is act Mar. 16, 1934, ch. 71, 48 Stat. 451, as amended, which is
classified generally to subchapter IV (Sec. 718 et seq.) of chapter 7 of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 718 of this title and Tables.
The Refuge Recreation Act and the Act of September 28, 1962,
referred to in subsecs. (d)(3)(A)(iii) and (i), is Pub. L. 87-714, Sept.
28, 1962, 76 Stat. 653, as amended, which is classified generally to
subchapter LXVIII (Sec. 460k et seq.) of chapter 1 of this title.
The Alaska National Interest Lands Conservation Act, referred to in
subsec. (e)(1)(A), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as
amended. For complete classification of this Act to the Code, see Short
Title note set out under section 3101 of this title and Tables.
The Federal Advisory Committee Act, referred to in subsec. (o), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
classified to the Appendix of Title 5, Government Organization and
Employees.


Amendments

1998--Subsec. (c). Pub. L. 105-312, Sec. 206(1), struck out
``knowingly'' after ``No person shall'' in first sentence.
Subsec. (f). Pub. L. 105-312, Sec. 206(2), inserted subsec. heading,
par. (1) designation and heading, and ``knowingly'' after ``Any person
who'', and added par. (2).
1997--Subsec. (a)(1). Pub. L. 105-57, Sec. 3(b), substituted
``Secretary'' for ``Secretary of the Interior'' before ``for the
conservation of fish and wildlife''.
Subsec. (a)(2). Pub. L. 105-57, Sec. 4(1), (3), added par. (2) and
redesignated former par. (2) as (5).
Subsec. (a)(2)(A). Pub. L. 105-57, Sec. 3(b), substituted
``Secretary'' for ``Secretary of the Interior'' before ``determines with
the approval''.
Subsec. (a)(3). Pub. L. 105-57, Secs. 4(1), 5(a), added par. (3) and
redesignated former par. (3) as (6).
Subsec. (a)(4). Pub. L. 105-57, Sec. 5(a), added par. (4).
Subsec. (a)(5). Pub. L. 105-57, Sec. 4(1), redesignated par. (2) as
(5).
Subsec. (a)(6). Pub. L. 105-57, Sec. 4(1), redesignated par. (3) as
(6).
Subsec. (a)(6)(i). Pub. L. 105-57, Sec. 4(2), substituted
``paragraph (5)'' for ``paragraph (2)''.
Subsec. (b). Pub. L. 105-57, Sec. 5(b)(1), substituted ``authorized
to take the following actions:'' for ``authorized--'' in introductory
provisions.
Subsec. (b)(1). Pub. L. 105-57, Sec. 5(b)(2), substituted ``Enter''
for ``to enter''.
Subsec. (b)(2). Pub. L. 105-57, Sec. 5(b)(3), substituted ``Accept''
for ``to accept'' and substituted a period for ``, and'' at end.
Subsec. (b)(3). Pub. L. 105-57, Sec. 5(b)(4), substituted
``Acquire'' for ``to acquire''.
Subsec. (b)(4), (5). Pub. L. 105-57, Sec. 5(b)(5), added pars. (4)
and (5).
Subsec. (c). Pub. L. 105-57, Sec. 8(b), struck out at end ``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.''
Subsec. (d)(2). Pub. L. 105-57, Sec. 3(b), substituted ``Secretary''
for ``Secretary of the Interior'' before ``may not grant to any
Federal'' and before ``pursuant to this paragraph''.
Subsec. (d)(3), (4). Pub. L. 105-57, Sec. 6, added pars. (3) and
(4).
Subsec. (e). Pub. L. 105-57, Sec. 7(a), added subsec. (e) and
redesignated former subsec. (e) as (f).
Subsec. (f). Pub. L. 105-57, Sec. 7(a)(1), redesignated subsec. (e)
as (f). Former subsec. (f) redesignated (g).
Pub. L. 105-57, Sec. 3(b), substituted ``Secretary'' for ``Secretary
of the Interior'' before ``to enforce the provisions''.
Subsec. (g). Pub. L. 105-57, Sec. 7(a)(1), redesignated subsec. (f)
as (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 105-57, Sec. 7(a)(1), redesignated subsec. (g)
as (h). Former subsec. (h) redesignated (i).
Pub. L. 105-57, Sec. 3(b), substituted ``Secretary'' for ``Secretary
of the Interior''.
Subsecs. (i), (j). Pub. L. 105-57, Sec. 7(a)(1), redesignated
subsecs. (h) and (i) as (i) and (j), respectively.
Subsecs. (k) to (o). Pub. L. 105-57, Sec. 8(a), added subsecs. (k)
to (o).
1988--Subsec. (e). Pub. L. 100-653 substituted ``thereunder shall be
fined under title 18 or imprisoned for not more than 1 year, or both''
for ``thereunder shall be fined not more than $500 or be imprisoned not
more than six months, or both''.
1987--Subsec. (f). Pub. L. 100-226 inserted at end ``The Director of
the United States Fish and Wildlife Service is authorized to utilize by
agreement, with or without reimbursement, the personnel and services of
any other Federal or State agency for purposes of enhancing the
enforcement of this Act.''
1978--Subsec. (d)(1)(A). Pub. L. 95-616, Sec. 6, authorized the
Secretary to find that the taking of any species of migratory birds in
more than 40 percent of the area would be beneficial to the species.
Subsec. (f). Pub. L. 95-616, Sec. 3(f), substituted ``disposed of by
the Secretary, in accordance with law'' for ``disposed of by the
court''.
1976--Subsec. (a). Pub. L. 94-223 designated existing first sentence
as par. (1), provided for administration of the System by the Secretary
of the Interior through the United States Fish and Wildlife Service and
inserted provision respecting continuance of programs relating to
management of resources in refuge lands in Alaska, subject to direct
supervision of the United States Fish and Wildlife Service; struck out
second sentence providing that ``Nothing in this Act shall restrict the
authority of the Secretary to modify or revoke public land withdrawals
affecting lands in the System as presently constituted, or as it may be
constituted, whenever he determines that such action is consistent with
the public interest.''; designated existing third sentence as par. (2),
redesignated as subpars. (A) and (B) former clauses (1) and (2),
redesignated as subpar. (B)(i) and (ii) former cl. (2)(A) and (B),
substituted in subpar. (A) ``with the approval of'' for ``after
consultation with'', inserted in subpar. (B)(i) ``or fair market value,
whichever is greater;'' and reenacted as second sentence of par. (2)
former last sentence of subsec. (a); and added par. (3).
Subsec. (b)(3). Pub. L. 94-215 substituted designations ``(A)'' and
``(B)'' for ``(a)'' and ``(b)'', inserted in cl. (A) ``, or for
interests in acquired or public lands,'' before ``under his
jurisdiction'' and substituted in cl. (B) ``he may prescribe'' for ``the
Secretary may prescribe''.
1974--Subsec. (d). Pub. L. 93-509 designated existing provisions as
par. (1)(A) and (B) and added par. (2).
1973--Subsec. (c). Pub. L. 93-205 inserted ``With the exception of
endangered species and threatened species listed by the Secretary
pursuant to section 1533 of this title in States wherein a cooperative
agreement does not exist pursuant to section 1535(c) of this title''
before ``nothing in this Act shall be construed'' and struck out ``,
including endangered species thereof,'' before ``on lands not within the
System'' in second sentence.
1968--Subsec. (a). Pub. L. 90-404 inserted provisions that no
acquired lands which are or become a part of the National Wildlife
Refuge System may be transferred or otherwise disposed of except under
the specified conditions, and provisions that the Secretary pay into the
migratory bird conservation fund the proceeds of any such transfer or
disposal.


Effective Date of 1974 Amendment

Section 3 of Pub. L. 93-509 provided that: ``Section 4 (d)(2) of the
Act of October 15, 1966 (as added by this Act) [subsec. (d)(2) of this
section], shall apply with respect to any right-of-way, easement, or
reservation granted by the Secretary of the Interior on or after the
date of the enactment of this Act [Dec. 3, 1974], including any right-
of-way, easement, or reservation granted on or after such date in
connection with any use permitted by him pursuant to section 4(d)(2) of
the Act of October 15, 1966 [now subsec. (d)(1)(B) of this section] (as
in effect before the date of the enactment of this Act).''


Effective Date of 1973 Amendment

Amendment by Pub. L. 93-205 effective Dec. 28, 1973, see section 16
of Pub. L. 93-205, set out as an Effective Date note under section 1531
of this title.


Effective Date of 1968 Amendment

Section 2 of Pub. L. 90-404 provided that: ``The amendments made by
the first section of this Act [amending subsec. (a) of this section]
shall apply only with respect to transfers and disposals of land
initiated and completed after the date of their enactment [July 18,
1968].''


Short Title of 1998 Amendment

Pub. L. 105-312, title II, Sec. 201, Oct. 30, 1998, 112 Stat. 2957,
provided that: ``This title [amending this section, sections 721 and 722
of this title, and section 564w-1 of Title 25, Indians, enacting
provisions set out as a note under section 722 of this title, and
amending provisions listed in a table of National Wildlife Refuges set
out under this section] may be cited as the `National Wildlife Refuge
System Improvement Act of 1998'.''


Short Title of 1997 Amendment

Section 1(a) of Pub. L. 105-57 provided that: ``This Act [amending
this section and section 668ee of this title and enacting provisions set
out as notes under this section] may be cited as the `National Wildlife
Refuge System Improvement Act of 1997'.''


Short Title of 1974 Amendment

Section 1 of Pub. L. 93-509 provided: ``That this Act [amending this
section and section 715s of this title, and enacting provisions set out
as notes under this section] may be cited as the `National Wildlife
Refuge System Administration Act Amendments of 1974'.''


Short Title

Section 12(f) of Pub. L. 91-135, Dec. 5, 1969, 83 Stat. 283,
provided that: ``The provisions of sections 4 and 5 of the Act of
October 15, 1966 (80 Stat. 929; 16 U.S.C. 668dd-668ee), as amended,
shall hereinafter be cited as the `National Wildlife Refuge System
Administration Act of 1966'.''

Transfer of Functions

Enforcement functions of Secretary or other official in Department
of the Interior related to compliance with approval to cross national
wildlife refuges under sections 668dd and 668ee of this title with
respect to pre-construction, construction, and initial operation of
transportation system for Canadian and Alaskan natural gas transferred
to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade. Functions and authority vested in Secretary of Energy
subsequently transferred to Federal Coordinator for Alaska Natural Gas
Transportation Projects by section 720d(f) of Title 15.


National Wildlife Refuge System Centennial

Pub. L. 106-408, title III, Nov. 1, 2000, 114 Stat. 1782, provided
that:
``SEC. 301. SHORT TITLE.
``This title may be cited as the `National Wildlife Refuge System
Centennial Act'.
``SEC. 302. FINDINGS AND PURPOSES.
``(a) Findings.--Congress finds that--
``(1) President Theodore Roosevelt began the National Wildlife
Refuge System by establishing the first refuge at Pelican Island,
Florida, on March 14, 1903;
``(2) the National Wildlife Refuge System is comprised of more
than 93,000,000 acres of Federal land managed by the United States
Fish and Wildlife Service in more than 532 individual refuges and
thousands of waterfowl production areas located in all 50 States and
the territories of the United States;
``(3) the System is the only network of Federal land dedicated
singularly to wildlife conservation and where wildlife-dependent
recreation and environmental education are priority public uses;
``(4) the System serves a vital role in the conservation of
millions of migratory birds, dozens of endangered species and
threatened species, some of the premier fisheries of the United
States, marine mammals, and the habitats on which such species of
fish and wildlife depend;
``(5) each year the System provides millions of Americans with
opportunities to participate in wildlife-dependent recreation,
including hunting, fishing, and wildlife observation;
``(6)(A) public visitation to national wildlife refuges is
growing, with more than 35,000,000 visitors annually; and
``(B) it is essential that visitor centers and public use
facilities be properly constructed, operated, and maintained;
``(7) the National Wildlife Refuge System Volunteer and
Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f note;
Public Law 105-242) [see Short Title of 1998 Amendments note under
section 742a of this title], and the amendments made by that Act,
significantly enhance the ability of the United States Fish and
Wildlife Service to incorporate volunteers and partnerships in
refuge management;
``(8) as of the date of the enactment of this Act [Nov. 1,
2000], the System has an unacceptable backlog of critical operation
and maintenance needs; and
``(9) the occasion of the centennial of the System, in 2003,
presents a historic opportunity to enhance natural resource
stewardship and expand public enjoyment of the national wildlife
refuges of the United States.
``(b) Purposes.--The purposes of this title are--
``(1) to establish a commission to promote awareness by the
public of the National Wildlife Refuge System as the System
celebrates its centennial in 2003;
``(2) to develop a long-term plan to meet the priority
operation, maintenance, and construction needs of the System;
``(3) to require an annual report on the needs of the System
prepared in the context of--
``(A) the budget submission of the Department of the
Interior to the President; and
``(B) the President's budget request to Congress; and
``(4) to improve public use programs and facilities of the
System to meet the increasing needs of the public for wildlife-
dependent recreation in the 21st century.
``SEC. 303. NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL COMMISSION.
``(a) Establishment.--There is established the National Wildlife
Refuge System Centennial Commission (referred to in this title as the
`Commission').
``(b) Members.--
``(1) In general.--The Commission shall be composed of--
``(A) the Director of the United States Fish and Wildlife
Service;
``(B) up to 10 individuals appointed by the Secretary of the
Interior;
``(C) the chairman and ranking minority member of the
Committee on Resources of the House of Representatives and of
the Committee on Environment and Public Works of the Senate, who
shall be nonvoting members; and
``(D) the congressional representatives of the Migratory
Bird Conservation Commission, who shall be nonvoting members.
``(2) Appointments.--
``(A) Deadline.--The members of the Commission shall be
appointed not later than 90 days after the effective date of
this title.
``(B) Appointments by the secretary of the interior.--
``(i) In general.--The members of the Commission
appointed by the Secretary of the Interior under paragraph
(1)(B)--
``(I) shall not be officers or employees of the Federal
Government; and
``(II) shall, in the judgment of the Secretary--
``(aa) represent the diverse beneficiaries of
the System; and
``(bb) have outstanding knowledge or
appreciation of wildlife, natural resource
management, or wildlife-dependent recreation.
``(ii) Representation of views.--In making appointments
under paragraph (1)(B), the Secretary of the Interior shall
make every effort to ensure that the views of the hunting,
fishing, and wildlife observation communities are
represented on the Commission.
``(3) Vacancies.--Any vacancy in the Commission--
``(A) shall not affect the power or duties of the
Commission; and
``(B) shall be expeditiously filled in the same manner as
the original appointment was made.
``(c) Chairperson.--The Secretary of the Interior shall appoint one
of the members as the Chairperson of the Commission.
``(d) Compensation.--The members of the Commission shall receive no
compensation for their service on the Commission.
``(e) Travel Expenses.--
``(1) Legislative branch members.--The members of the Commission
from the legislative branch of the Federal Government shall be
allowed necessary travel expenses, as authorized by other law for
official travel, while away from their homes or regular places of
business in the performance of services for the Commission.
``(2) Executive branch members.--The members of the Commission
from the executive branch of the Federal Government shall be allowed
necessary travel expenses in accordance with section 5702 of title
5, United States Code, while away from their homes or regular places
of business in the performance of services for the Commission.
``(3) Other members and staff.--The members of the Commission
appointed by the Secretary of the Interior and staff of the
Commission may be allowed necessary travel expenses as authorized by
section 5702 of title 5, United States Code, while away from their
homes or regular places of business in the performance of services
for the Commission.
``(f) Duties.--The Commission shall--
``(1) prepare, in cooperation with Federal, State, local, and
nongovernmental partners, a plan to commemorate the centennial of
the National Wildlife Refuge System beginning on March 14, 2003;
``(2) coordinate the activities of the partners under the plan;
and
``(3) plan and host, in cooperation with thepartners, a (continued)