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(continued) partners, a
conference on the National Wildlife Refuge System, and assist in the
activities of the conference.
``(g) Staff.--Subject to the availability of appropriations, the
Commission may employ such staff as are necessary to carry out the
duties of the Commission.
``(h) Donations.--
``(1) In general.--The Commission may, in accordance with
criteria established under paragraph (2), accept and use donations
of money, personal property, or personal services.
``(2) Criteria.--The Commission shall establish written criteria
to be used in determining whether the acceptance of gifts or
donations under paragraph (1) would--
``(A) reflect unfavorably on the ability of the Commission
or any employee of the Commission to carry out its
responsibilities or official duties in a fair and objective
manner; or
``(B) compromise the integrity or the appearance of the
integrity of any person involved in the activities of the
Commission.
``(i) Administrative Support.--Upon the request of the Commission--
``(1) the Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service, may provide to the
Commission such administrative support services as are necessary for
the Commission to carry out the duties of the Commission under this
title, including services relating to budgeting, accounting,
financial reporting, personnel, and procurement; and
``(2) the head of any other appropriate Federal agency may
provide to the Commission such advice and assistance, with or
without reimbursement, as are appropriate to assist the Commission
in carrying out the duties of the Commission.
``(j) Reports.--
``(1) Annual reports.--Not later than 1 year after the effective
date of this title, and annually thereafter, the Commission shall
submit to Congress a report on the activities and plans of the
Commission.
``(2) Final report.--Not later than September 30, 2004, the
Commission shall submit to the Committee on Resources of the House
of Representatives and the Committee on Environment and Public Works
of the Senate a final report on the activities of the Commission,
including an accounting of all funds received and expended by the
Commission.
``(k) Termination.--
``(1) In general.--The Commission shall terminate 90 days after
the date on which the Commission submits the final report under
subsection (j).
``(2) Disposition of materials.--Upon termination of the
Commission and after consultation with the Archivist of the United
States and the Secretary of the Smithsonian Institution, the
Secretary of the Interior may--
``(A)(i) deposit all books, manuscripts, miscellaneous
printed matter, memorabilia, relics, and other similar materials
of the Commission relating to the centennial of the National
Wildlife Refuge System in Federal, State, or local libraries or
museums; or
``(ii) otherwise dispose of such materials; and
``(B)(i) use other property acquired by the Commission for
the purposes of the National Wildlife Refuge System; or
``(ii) treat such property as excess property.
``SEC. 304. LONG-TERM PLANNING AND ANNUAL REPORTING REQUIREMENTS
REGARDING THE OPERATION AND MAINTENANCE BACKLOG.
``(a) Unified Long-Term Plan.--Not later than March 1, 2002, the
Secretary of the Interior shall prepare and submit to Congress and the
President a unified long-term plan to address priority operation,
maintenance, and construction needs of the National Wildlife Refuge
System, including--
``(1) priority staffing needs of the System; and
``(2) operation, maintenance, and construction needs as
identified in--
``(A) the Refuge Operating Needs System;
``(B) the Maintenance Management System;
``(C) the 5-year deferred maintenance list;
``(D) the 5-year construction list;
``(E) the United States Fish and Wildlife Service report
entitled `Fulfilling the Promise of America's National Wildlife
Refuge System'; and
``(F) individual refuge comprehensive conservation plans.
``(b) Annual Submission.--Beginning with the submission to Congress
of the budget for fiscal year 2003, the Secretary of the Interior shall
prepare and submit to Congress, in the context of each annual budget
submission, a report that contains--
``(1) an assessment of expenditures in the prior, current, and
upcoming fiscal years to meet the operation and maintenance backlog
as identified in the long-term plan under subsection (a); and
``(2) a specification of transition costs, in the prior,
current, and upcoming fiscal years, as identified in the analysis of
newly acquired refuge land prepared by the Department of the
Interior, and a description of the method used to determine the
priority status of the transition costs.
``SEC. 305. YEAR OF THE NATIONAL WILDLIFE REFUGE.
``(a) Finding.--Congress finds that designation of the year 2003 as
the `Year of the National Wildlife Refuge' would promote the goal of
increasing public appreciation of the importance of the National
Wildlife Refuge System.
``(b) Proclamation.--The President is requested to issue a
proclamation calling on the people of the United States to conduct
appropriate programs, ceremonies, and activities to accomplish the goal
of such a year.
``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out the
activities of the Commission under this title--
``(1) $100,000 for fiscal year 2001; and
``(2) $250,000 for each of fiscal years 2002 through 2004.
``SEC. 307. EFFECTIVE DATE.
``This title takes effect on January 20, 2001.''


Congressional Findings

Section 2 of Pub. L. 105-57 provided that: ``The Congress finds the
following:
``(1) The National Wildlife Refuge System is comprised of over
92,000,000 acres of Federal lands that have been incorporated within
509 individual units located in all 50 States and the territories of
the United States.
``(2) The System was created to conserve fish, wildlife, and
plants and their habitats and this conservation mission has been
facilitated by providing Americans opportunities to participate in
compatible wildlife-dependent recreation, including fishing and
hunting, on System lands and to better appreciate the value of and
need for fish and wildlife conservation.
``(3) The System serves a pivotal role in the conservation of
migratory birds, anadromous and interjurisdictional fish, marine
mammals, endangered and threatened species, and the habitats on
which these species depend.
``(4) The System assists in the fulfillment of important
international treaty obligations of the United States with regard to
fish, wildlife, and plants and their habitats.
``(5) The System includes lands purchased not only through the
use of tax dollars but also through the proceeds from sales of Duck
Stamps and national wildlife refuge entrance fees. It is a System
that is financially supported by those benefiting from and utilizing
it.
``(6) When managed in accordance with principles of sound fish
and wildlife management and administration, fishing, hunting,
wildlife observation, and environmental education in national
wildlife refuges have been and are expected to continue to be
generally compatible uses.
``(7) On March 25, 1996, the President issued Executive Order
12996 [set out below], which recognized `compatible wildlife-
dependent recreational uses involving hunting, fishing, wildlife
observation and photography, and environmental education and
interpretation as priority public uses of the Refuge System'.
``(8) Executive Order 12996 is a positive step and serves as the
foundation for the permanent statutory changes made by this Act [see
Short Title of 1997 Amendment note above].''


Statutory Construction With Respect to Alaska

Section 9 of Pub. L. 105-57 provided that:
``(a) In General.--Nothing in this Act [see Short Title of 1997
Amendment note above] is intended to affect--
``(1) the provisions for subsistence uses in Alaska set forth in
the Alaska National Interest Lands Conservation Act (Public Law 96-
487) [see Short Title note set out under section 3101 of this
title], including those in titles III [enacting provisions listed in
a table of National Wildlife Refuges set out below and provisions
set out as a note under section 3145 of this title] and VIII [16
U.S.C. 3111 et seq.] of that Act;
``(2) the provisions of section 102 of the Alaska National
Interest Lands Conservation Act [16 U.S.C. 3102], the jurisdiction
over subsistence uses in Alaska, or any assertion of subsistence
uses in Alaska in the Federal courts; and
``(3) the manner in which section 810 of the Alaska National
Interest Lands Conservation Act [16 U.S.C. 3120] is implemented in
national wildlife refuges in Alaska.
``(b) Conflicts of Laws.--If any conflict arises between any
provision of this Act and any provision of the Alaska National Interest
Lands Conservation Act, then the provision in the Alaska National
Interest Lands Conservation Act shall prevail.''


Land Transfer and Conveyance, Pease Air Force Base, New Hampshire

Pub. L. 102-154, title III, Sec. 319, Nov. 13, 1991, 105 Stat. 1036,
provided that:
``(a) Transfer by the Air Force.--Notwithstanding any other
provision of law, the Secretary of the Air Force shall transfer to the
Department of the Interior a parcel of real property located west of
McIntyre Road at the site of former Pease Air Force Base, New Hampshire:
Provided, That the Secretary of the Air Force shall retain
responsibility for any hazardous substances which may be found on the
property so transferred.
``(b) Establishment of National Wildlife Refuge.--Except as provided
in subsection (c), the Secretary of the Interior shall designate the
parcel of land transferred under subsection (a) as an area in the
National Wildlife Refuge System under the authority of section 4 of the
Act of October 15, 1966 (16 U.S.C. 688dd).
``(c) Conveyance to State of New Hampshire.--
``(1) Conveyance.--Subject to paragraphs (2) through (5), the
Secretary of the Interior shall convey to the State of New
Hampshire, without consideration, all right, title, and interest of
the United States in and to a parcel of real property consisting of
not more than 100 acres that is a part of the real property
transferred to the Secretary under subsection (a) and that the
Secretary determines to be suitable for use as a cemetery.
``(2) Condition of conveyance.--The conveyance under paragraph
(1) shall be subject to the condition that the State of New
Hampshire use the property conveyed under that paragraph only for
the purpose of establishing and operating a State cemetery for
veterans.
``(3) Reversion.--If the Secretary determines at any time that
the State of New Hampshire is not complying with the condition
specified in paragraph (2), all right, title, and interest in and to
the property conveyed pursuant to paragraph (1), including any
improvements thereon, shall revert to the United States and the
United States shall have the right of immediate entry thereon.
``(4) Description of property.--The exact acreage and legal
description of the parcel of real property to be conveyed under
paragraph (1) shall be determined by a survey that is satisfactory
to the Secretary.
``(5) Additional terms and conditions.--The Secretary may
require any additional terms or conditions in connection with the
conveyance under this subsection that the Secretary determines
appropriate to protect the interests of the United States.
``(d) The purposes for which this national wildlife refuge is
established are--
``(1) to encourage the natural diversity of plant, fish, and
wildlife species within the refuge, and to provide for their
conservation and management;
``(2) to protect species listed as endangered or threatened, or
identified as candidates for listing pursuant to the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.);
``(3) to preserve and enhance the water quality of aquatic
habitat within the refuge; and
``(4) to fulfill the international treaty obligations of the
United States relating to fish and wildlife.''

National Wildlife Refuges



Provisions relating to national wildlife refuges were contained in the
following acts and executive documents:
Alaska Maritime National Wildlife Refuge, Alaska.--Pub. L. 96-487, title
III, Sec. 303(1), Dec. 2, 1980, 94 Stat. 2389; Pub. L. 101-622, Nov.
21, 1990, 104 Stat. 3347; Pub. L. 102-489, Oct. 24, 1992, 106 Stat.
3138; Pub. L. 106-554, Sec. 1(a)(4) [div. A, Sec. 302], Dec. 21,
2000, 114 Stat. 2763, 2763A-180; Pub. L. 107-239, Oct. 11, 2002, 116
Stat. 1488; Pub. L. 107-314, div. B, title XXVIII, Sec. 2853, Dec. 2,
2002, 116 Stat. 2727.
Alaska Peninsula National Wildlife Refuge, Alaska.--Pub. L. 96-498,
title III, Sec. 302(1), Dec. 2, 1980, 94 Stat. 2385.
Amagansett National Wildlife Refuge, New York.--Pub. L. 104-148, Sec.
1, May 24, 1996, 110 Stat. 1378.
Aransas National Wildlife Refuge, Myrtle Foester Whitmire Division,
Texas.--Pub. L. 102-226, Sec. 1, Dec. 11, 1991, 105 Stat. 1685.
Arctic National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 303(2), Dec. 2, 1980, 94 Stat. 2390.
Arthur R. Marshall Loxahatchee National Wildlife Refuge, Florida.--Pub.
L. 99-615, Nov. 6, 1986, 100 Stat. 3484.
Atchafalaya National Wildlife Refuge, Louisiana.--Pub. L. 98-548, title
III, Oct. 26, 1984, 98 Stat. 2776; Pub. L. 99-625, Sec. 2, Nov. 7,
1986, 100 Stat. 3502.
Baca National Wildlife Refuge, Colorado.--Pub. L. 106-530, Sec. 6, Nov.
22, 2000, 114 Stat. 2530.
Bandon Marsh National Wildlife Refuge, Oregon.--Pub. L. 97-137, title I,
Dec. 29, 1981, 95 Stat. 1709; Pub. L. 105-321, Sec. 5, Oct. 30, 1998,
112 Stat. 3025.
Bayou Cocodrie National Wildlife Refuge, Louisiana.--Pub. L. 101-593,
title I, Sec. 108, Nov. 16, 1990, 104 Stat. 2956.
Bayou Sauvage Urban National Wildlife Refuge, Louisiana.--Pub. L. 99-
645, title V, Sec. 502, Nov. 10, 1986, 100 Stat. 3590; Pub. L. 104-
253, Sec. 2, Oct. 9, 1996, 110 Stat. 3167.
Becharof National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 302(2), Dec. 2, 1980, 94 Stat. 2385.
Bitter Lake National Wildlife Refuge, New Mexico.--Pub. L. 108-7, div.
F, title I, Sec. 139, Feb. 20, 2003, 117 Stat. 244.
Blackwater National Wildlife Refuge, Maryland.--Pub. L. 108-131, Nov.
22, 2003, 117 Stat. 1372.
Bogue Chitto National Wildlife Refuge, Louisiana-Mississippi.--Pub. L.
96-288, June 28, 1980, 94 Stat. 603; Pub. L. 99-191, Sec. 3, Dec. 19,
1985, 99 Stat. 1327; Pub. L. 101-233, Sec. 17, Dec. 13, 1989, 103
Stat. 1978.
Bon Secour National Wildlife Refuge, Alabama.--Pub. L. 96-267, June 9,
1980, 94 Stat. 483; Pub. L. 99-191, Sec. 1, Dec. 19, 1985, 99 Stat.
1327.
Cache River National Wildlife Refuge, Arkansas.--Pub. L. 102-584, Secs.
1-5, Nov. 2, 1992, 106 Stat. 4937-4941.
Cahaba River National Wildlife Refuge, Alabama.--Pub. L. 106-331, Oct.
19, 2000, 114 Stat. 1303; Pub. L. 106-369, Sec. 9(b), Oct. 27, 2000,
114 Stat. 1419.
Cape Romain National Wildlife Refuge, South Carolina.--Pub. L. 107-63,
title I, Sec. 129, Nov. 5, 2001, 115 Stat. 442.
Cat Island National Wildlife Refuge, Louisiana.--Pub. L. 106-369, Secs.
1-7, Oct. 27, 2000, 114 Stat. 1417-1419.
Charles M. Russell National Wildlife Refuge, Montana.--Pub. L. 106-541,
title VIII, Dec. 11, 2000, 114 Stat. 2699.
Clarks River National Wildlife Refuge, Kentucky.--Pub. L. 104-208, div.
A, title I, Sec. 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009-181,
3009-185.
Columbia National Wildlife Refuge, Washington.--Pub. L. 106-291, title
I, Sec. 138, Oct. 11, 2000, 114 Stat. 949.
Cossatot National Wildlife Refuge, Arkansas.--Pub. L. 104-333, div. I,
title III, Sec. 305(h), Nov. 12, 1996, 110 Stat. 4130.
Desert National Wildlife Range, Nevada.--Pub. L. 107-282, title III,
Sec. 301, Nov. 6, 2002, 116 Stat. 2006; Pub. L. 108-424, title VI,
Sec. 601, Nov. 30, 2004, 118 Stat. 2419.
Detroit River International Wildlife Refuge (former Wyandotte National
Wildlife Refuge), Michigan.--Pub. L. 87-119, Aug. 3, 1961, 75 Stat.
243; Pub. L. 107-91, Dec. 21, 2001, 115 Stat. 894; Pub. L. 108-23, May
19, 2003, 117 Stat. 704.
Don Edwards San Francisco Bay National Wildlife Refuge, California.--
Pub. L. 92-326, June 30, 1972, 86 Stat. 391; Pub. L. 96-290, Sec. 1,
June 28, 1980, 94 Stat. 607; Pub. L. 100-556, title II, Oct. 28, 1988,
102 Stat. 2780; Pub. L. 104-78, Sec. 1, Dec. 28, 1995, 109 Stat. 790.
Edwin B. Forsythe National Wildlife Refuge, New Jersey.--Pub. L. 98-293,
May 22, 1984, 98 Stat. 207.
Egmont Key National Wildlife Refuge, Florida.--Pub. L. 93-341, July 10,
1974, 88 Stat. 295.
Ernest F. Hollings ACE Basin National Wildlife Refuge, South Carolina.--
Pub. L. 108-447, div. E, title I, Sec. 137, Dec. 8, 2004, 118 Stat.
3068.
Flattery Rocks National Wildlife Refuge, Washington.--Ex. Ord. No. 703,
Oct. 23, 1907; Proc. No. 2416, July 25, 1940, 54 Stat. 2717; Pub. L.
100-226, Sec. 3, Dec. 31, 1987, 101 Stat. 1550.
Grays Harbor National Wildlife Refuge, Washington.--Pub. L. 100-406,
Aug. 19, 1988, 102 Stat. 1041.
Great Dismal Swamp National Wildlife Refuge, Virginia and North
Carolina.--Pub. L. 93-402, Aug. 30, 1974, 88 Stat. 801.
Hart Mountain National Antelope Refuge, Oregon.--Pub. L. 105-321, Sec.
4(a)-(d), Oct. 30, 1998, 112 Stat. 3023.
Holt Collier National Wildlife Refuge (former Bogue Phalia Unit of the
Yazoo National Wildlife Refuge), Mississippi.--Pub. L. 108-199, div. H,
Sec. 145(g)(1), Jan. 23, 2004, 118 Stat. 444.
Humboldt Bay National Wildlife Refuge, California.--Pub. L. 96-290, Sec.
2, June 28, 1980, 94 Stat. 607; Pub. L. 107-130, Jan. 16, 2002, 115
Stat. 2409.
Innoko National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 302(3), Dec. 2, 1980, 94 Stat. 2386.
Izembek National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 303(3), Dec. 2, 1980, 94 Stat. 2390.
John H. Chafee National Wildlife Refuge (former Pettaquamscutt Cove
National Wildlife Refuge), Rhode Island.--Pub. L. 100-610, title II,
Nov. 5, 1988, 102 Stat. 3176; Pub. L. 102-212, title II, Sec. 202,
Dec. 11, 1991, 105 Stat. 1660; Pub. L. 104-212, title II, Oct. 1, 1996,
110 Stat. 3014; Pub. L. 106-53, title V, Sec. 565(c), Aug. 17, 1999,
113 Stat. 367.
John Heinz National Wildlife Refuge at Tinicum (former Tinicum National
Environmental Center), Pennsylvania.--Pub. L. 102-154, title I, Nov.
13, 1991, 105 Stat. 995; Pub. L. 103-340, Sec. 7, formerly Sec. 6,
Oct. 6, 1994, 108 Stat. 3120, renumbered Sec. 7, Pub. L. 106-369, Sec.
9(a), Oct. 27, 2000, 114 Stat. 1419.
Kanuti National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 302(4), Dec. 2, 1980, 94 Stat. 2386.
Kenai National Wildlife Refuge, Alaska.--Pub. L. 96-487, title III, Sec.
303(4), Dec. 2, 1980, 94 Stat. 2391; Pub. L. 104-333, div. I, title
III, Sec. 311(d)(3), Nov. 12, 1996, 110 Stat. 4142.
Kilauea Point National Wildlife Refuge, Hawaii.-Pub. L. 108-481, Dec.
23, 2004, 118 Stat. 3910.
Klamath Marsh National Wildlife Refuge, Oregon.--Act Aug. 13, 1954, ch.
732, Sec. 28, as added Pub. L. 85-731, Sec. 1, Aug. 23, 1958, 72
Stat. 816; amended Pub. L. 86-247, Sept. 9, 1959, 73 Stat. 477; Pub. L.
105-312, title II, Sec. 205, Oct. 30, 1998, 112 Stat. 2957; Pub. L.
105-321, Sec. 4(e), Oct. 30, 1998, 112 Stat. 3025.
Kodiak National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 303(5), Dec. 2, 1980, 94 Stat. 2391.
Koyukuk National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 302(5), Dec. 2, 1980, 94 Stat. 2386.
Mason Neck National Wildlife Refuge, Virginia.--Pub. L. 106-291, title
I, Sec. 120, Oct. 11, 2000, 114 Stat. 944.
McNary National Wildlife Refuge, Washington.--Pub. L. 106-53, title V,
Sec. 563(l), Aug. 17, 1999, 113 Stat. 365.
Midway Atoll National Wildlife Refuge, Midway Islands.--Ex. Ord. No.
13022, Sec. 3(a), Oct. 31, 1996, 61 F.R. 56875; Pub. L. 107-206, title
I, Sec. 703, Aug. 2, 2002, 116 Stat. 864.
Minnesota Valley National Wildlife Refuge, Minnesota.--Pub. L. 94-466,
Oct. 8, 1976, 90 Stat. 1992.
Mountain Longleaf National Wildlife Refuge, Alabama.--Pub. L. 107-314,
div. B, title XXVIII, Sec. 2821, Dec. 2, 2002, 116 Stat. 2710.
Neal Smith National Wildlife Refuge, Iowa.--Pub. L. 105-83, title III,
Sec. 341, Nov. 14, 1997, 111 Stat. 1604.
Ninigret National Wildlife Refuge, Rhode Island.--Pub. L. 105-178, title
I, Sec. 1214(g), (i), June 9, 1998, 112 Stat. 206, 207; Pub. L. 105-
206, title IX, Sec. 9006(d), July 22, 1998, 112 Stat. 849.
North Platte National Wildlife Refuge, Nebraska.--Pub. L. 104-212, title
I, Sec. 101, Oct. 1, 1996, 110 Stat. 3014.
Nowitna National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 302(6), Dec. 2, 1980, 94 Stat. 2387.
Oahu National Wildlife Refuge Complex, Hawaii.--Pub. L. 104-209, Sec.
1, Oct. 1, 1996, 110 Stat. 3010.
Ottawa National Wildlife Refuge Complex, Ohio.--Pub. L. 108-23, May 19,
2003, 117 Stat. 704.
Oxbow National Wildlife Refuge, Massachusetts.--Pub. L. 103-337, div. B,
title XXVIII, Sec. 2846, Oct. 5, 1994, 108 Stat. 3071; Pub. L. 104-
106, div. B, title XXVIII, Sec. 2853, Feb. 10, 1996, 110 Stat. 567.
Pettaquamscutt Cove National Wildlife Refuge, Rhode Island (see John H.
Chafee National Wildlife Refuge).
Pocosin Lakes National Wildlife Refuge, North Carolina.--Pub. L. 103-
232, title III, Apr. 11, 1994, 108 Stat. 339.
Protection Island National Wildlife Refuge, Washington.--Pub. L. 97-333,
Oct. 15, 1982, 96 Stat. 1623.
Quillayute Needles National Wildlife Refuge, Washington.--Ex. Ord. No.
705, Oct. 23, 1907; Proc. No. 2416, July 25, 1940, 54 Stat. 2717; Pub.
L. 100-226, Sec. 3, Dec. 31, 1987, 101 Stat. 1550.
Red River National Wildlife Refuge, Louisiana.--Pub. L. 106-300, Oct.
13, 2000, 114 Stat. 1055; Pub. L. 106-369, Sec. 9(c), Oct. 27, 2000,
114 Stat. 1419.
Rhode Island National Wildlife Refuge, Rhode Island.--Pub. L. 105-178,
title I, Sec. 1214(j), June 9, 1998, 112 Stat. 207.
Ridgefield National Wildlife Refuge, Washington.--Pub. L. 102-570, Sec.
1, Oct. 29, 1992, 106 Stat. 4489.
Rocky Flats National Wildlife Refuge, Colorado.--Pub. L. 107-107, div.
C, title XXXI, Dec. 28, 2001, 115 Stat. 1379.
Rocky Mountain Arsenal National Wildlife Refuge, Colorado.--Pub. L. 102-
402, Oct. 9, 1992, 106 Stat. 1961; Pub. L. 105-85, div. B, title
XXVIII, Sec. 2840, Nov. 18, 1997, 111 Stat. 2007.
Sachuest Point National Wildlife Refuge, Rhode Island.--Pub. L. 105-178,
title I, Sec. 1214(f), (h), June 9, 1998, 112 Stat. 206, 207.
Sailors' Snug Harbor National Wildlife Refuge, New York.--Pub. L. 96-
315, Sec. 2, July 25, 1980, 94 Stat. 957.
San Diego National Wildlife Refuge, California.--Pub. L. 106-398, Sec.
1 [div. B, title XXVIII, Sec. 2848], Oct. 30, 2000, 114 Stat. 1654,
1654A-426.
Seal Beach National Wildlife Refuge, California.--Pub. L. 92-408, Aug.
29, 1972, 86 Stat. 633.
Selawik National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 302(7), Dec. 2, 1980, 94 Stat. 2387.
Silvio Conte National Fish and Wildlife Refuge, Connecticut,
Massachusetts, New Hampshire, and Vermont.--Pub. L. 102-212, title I,
Dec. 11, 1991, 105 Stat. 1655.
Sonny Bono Salton Sea National Wildlife Refuge, California.--Pub. L. 105-
372, title I, Sec. 103, Nov. 12, 1998, 112 Stat. 3380.
Stewart B. McKinney National Wildlife Refuge, Connecticut.--Pub. L. 98-
548, title II, Oct. 26, 1984, 98 Stat. 2774; Pub. L. 100-38, May 13,
1987, 101 Stat. 306; Pub. L. 101-443, Sec. 2, Oct. 19, 1990, 104 Stat.
1028.
Stillwater National Wildlife Refuge, Nevada.--Pub. L. 101-618, title II,
Sec. 206(b), Nov. 16, 1990, 104 Stat. 3309.
Tensas River National Wildlife Refuge, Louisiana.--Pub. L. 96-285, June
28, 1980, 94 Stat. 595; Pub. L. 99-191, Sec. 2, Dec. 19, 1985, 99
Stat. 1327; Pub. L. 104-253, Sec. 1, Oct. 9, 1996, 110 Stat. 3167.
Tetlin National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 302(8), Dec. 2, 1980, 94 Stat. 2388.
Theodore Roosevelt National Wildlife Refuge, Mississippi.--Pub. L. 108-
199, div. H, Sec. 145, Jan. 23, 2004, 118 Stat. 443.
Theodore Roosevelt National Wildlife Refuge Complex (former Central
Mississippi National Wildlife Refuge Complex), Mississippi.--Pub. L.
108-199, div. H, Sec. 145(g)(2), Jan. 23, 2004, 118 Stat. 444.
Togiak National Wildlife Refuge, Alaska.--Pub. L. 96-498, title III,
Sec. 303(6), Dec. 2, 1980, 94 Stat. 2392.
Waccamaw National Wildlife Refuge, South Carolina.--Pub. L. 107-63,
title I, Nov. 5, 2001, 115 Stat. 420.
Wallkill River National Wildlife Refuge, New Jersey.--Pub. L. 101-593,
title I, Sec. 107, Nov. 16, 1990, 104 Stat. 2955.
Wertheim National Wildlife Refuge, New York.--Pub. L. 106-113, div. B,
Sec. 1000(a)(5) [title II, Sec. 222], Nov. 29, 1999, 113 Stat. 1536,
1501A-299.
White River National Wildlife Refuge, Arkansas.--Pub. L. 102-584, Secs.
1-5, Nov. 2, 1992, 106 Stat. 4937-4941.
Wyandotte National Wildlife Refuge, Michigan (see Detroit River
International Wildlife Refuge).
Yukon Delta National Wildlife Refuge, Alaska.--Pub. L. 96-498, title
III, Sec. 303(7), Dec. 2, 1980, 94 Stat. 2392; Pub. L. 108-129, Nov.
17, 2003, 117 Stat. 1358.
Yukon Flats National Wildlife Refuge, Alaska.--Pub. L. 96-498, title
III, Sec. 302(9), Dec. 2, 1980, 94 Stat. 2388.



National Wildlife Conservation Area



Falls of the Ohio National Wildlife Conservation Area, Kentucky.--Pub.
L. 97-137, title II, Dec. 29, 1981, 95 Stat. 1710; Pub. L. 98-613, Sec.
10(c), (d), Oct. 31, 1984, 98 Stat. 3191; Pub. L. 105-146, Sec. 2,
Dec. 16, 1997, 111 Stat. 2672.



National Environmental Centers



Tinicum National Environmental Center, Pennsylvania.--Pub. L. 92-326,
June 30, 1972, 86 Stat. 391; renamed John Heinz National Wildlife
Refuge at Tinicum, Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat.
995.


Ex. Ord. No. 12996. Management and General Public Use of National
Wildlife Refuge System

Ex. Ord. No. 12996, Mar. 25, 1996, 61 F.R. 13647, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in furtherance of the
purposes of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a [et
seq.]), the Fish and Wildlife Coordination Act (16 U.S.C. 661 [et
seq.]), the National Wildlife Refuge System Administration Act (16
U.S.C. 668dd [, 668ee]), the Refuge Recreation Act (16 U.S.C. 460k [et
seq.]), the Endangered Species Act of 1973 (16 U.S.C. 1531 [et seq.]),
the Emergency Wetlands Resources Act (16 U.S.C. 3901 [et seq.]), the
North American Wetlands Conservation Act (16 U.S.C. 4401 [et seq.]), the
National Environmental Policy Act (42 U.S.C. 4321 [et seq.]), and other
pertinent statutes, and in order to conserve fish and wildlife and their
habitat, it is ordered as follows:
Section 1. The Mission of the National Wildlife Refuge System. The
mission of the National Wildlife Refuge System (``Refuge System'') is to
preserve a national network of lands and waters for the conservation and
management of fish, wildlife, and plant resources of the United States
for the benefit of present and future generations.
Sec. 2. Guiding Principles. To help ensure a bright future for its
treasured national heritage, I hereby affirm the following four guiding
principles for the management and general public use of the Refuge
System:
(a) Public Use. The Refuge System provides important opportunities
for compatible wildlife-dependent recreational activities involving
hunting, fishing, wildlife observation and photography, and
environmental education and interpretation.
(b) Habitat. Fish and wildlife will not prosper without high-quality
habitat, and without fish and wildlife, traditional uses of refuges
cannot be sustained. The Refuge System will continue to conserve and
enhance the quality and diversity of fish and wildlife habitat within
refuges.
(c) Partnerships. America's sportsmen and women were the first
partners who insisted on protecting valuable wildlife habitat within
wildlife refuges. Conservation partnerships with other Federal agencies,
State agencies, Tribes, organizations, industry, and the general public
can make significant contributions to the growth and management of the
Refuge System.
(d) Public Involvement. The public should be given a full and open
opportunity to participate in decisions regarding acquisition and
management of our National Wildlife Refuges.
Sec. 3. Directives to the Secretary of the Interior. To the extent
consistent with existing laws and interagency agreements, the Secretary
of the Interior, in carrying out his trustee and stewardship
responsibilities for the Refuge System, is directed to:
(a) recognize compatible wildlife-dependent recreational activities
involving hunting, fishing, wildlife observation and photography, and
environmental education and interpretation as priority general public
uses of the Refuge System through which the American public can develop
an appreciation for fish and wildlife;
(b) provide expanded opportunities for these priority public uses
within the Refuge System when they are compatible and consistent with
sound principles of fish and wildlife management, and are otherwise in
the public interest;
(c) ensure that such priority public uses receive enhanced attention
in planning and management within the Refuge System;
(d) provide increased opportunities for families to experience
wildlife-dependent recreation, particularly opportunities for parents
and their children to safely engage in traditional outdoor activities,
such as fishing and hunting;
(e) ensure that the biological integrity and environmental health of
the Refuge System is maintained for the benefit of present and future
generations of Americans;
(f) continue, consistent with existing laws and interagency
agreements, authorized or permitted uses of units of the Refuge System
by other Federal agencies, including those necessary to facilitate
military preparedness;
(g) plan and direct the continued growth of the Refuge System in a
manner that is best designed to accomplish the mission of the Refuge
System, to contribute to the conservation of the ecosystems of the
United States, and to increase support for the Refuge System and
participation from conservation partners and the public;
(h) ensure timely and effective cooperation and collaboration with
Federal agencies and State fish and wildlife agencies during the course
of acquiring and managing National Wildlife Refuges;
(i) ensure appropriate public involvement opportunities will be
provided in conjunction with refuge planning and management activities;
and
(j) identify, prior to acquisition, existing compatible wildlife-
dependent uses of new refuge lands that shall be permitted to continue
on an interim basis pending completion of comprehensive planning.
Sec. 4. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable at law or equity by a
party against the United States, its agencies, its officers, or any
person.
William J. Clinton.


Sec. 668ee. Definitions

For purposes of this Act:
(1) The term ``compatible use'' means a wildlife-dependent
recreational use or any other use of a refuge that, in the sound
professional judgment of the Director, will not materially interfere
with or detract from the fulfillment of the mission of the System or
the purposes of the refuge.
(2) The terms ``wildlife-dependent recreation'' and ``wildlife-
dependent recreational use'' mean a use of a refuge involving
hunting, fishing, wildlife observation and photography, or
environmental education and interpretation.
(3) The term ``sound professional judgment'' means a finding,
determination, or decision that is consistent with principles of
sound fish and wildlife management and administration, available
science and resources, and adherence to the requirements of this Act
and other applicable laws.
(4) The terms ``conserving'', ``conservation'', ``manage'',
``managing'', and ``management'', mean to sustain and, where
appropriate, restore and enhance, healthy populations of fish,
wildlife, and plants utilizing, in accordance with applicable
Federal and State laws, methods and procedures associated with
modern scientific resource programs. Such methods and procedures
include, consistent with the provisions of this Act, protection,
research, census, law enforcement, habitat management, propagation,
live trapping and transplantation, and regulated taking.
(5) The term ``Coordination Area'' means a wildlife management
area that is made available to a State--
(A) by cooperative agreement between the United States Fish
and Wildlife Service and a State agency having control over
wildlife resources pursuant to section 664 of this title; or
(B) by long-term leases or agreements pursuant to title III
of the Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 U.S.C.
1010 et seq.).

(6) The term ``Director'' means the Director of the United
States Fish and Wildlife Service or a designee of that Director.
(7) The terms ``fish'', ``wildlife'', and ``fish and wildlife''
mean any wild member of the animal kingdom whether alive or dead,
and regardless of whether the member was bred, hatched, or born in
captivity, including a part, product, egg, or offspring of the
member.
(8) The term ``person'' means any individual, partnership,
corporation, or association.
(9) The term ``plant'' means any member of the plant kingdom in
a wild, unconfined state, including any plant community, seed, root,
or other part of a plant.
(10) The terms ``purposes of the refuge'' and ``purposes of each
refuge'' mean the purposes specified in or derived from the law,
proclamation, executive order, agreement, public land order,
donation document, or administrative memorandum establishing,
authorizing, or expanding a refuge, refuge unit, or refuge subunit.
(11) The term ``refuge'' means a designated area of land, water,
or an interest in land or water within the System, but does not
include Coordination Areas.
(12) The term ``Secretary'' means the Secretary of the Interior.
(13) The terms ``State'' and ``United States'' mean the several
States of the United States, Puerto Rico, American Samoa, the Virgin
Islands, Guam, and the territories and possessions of the United
States.
(14) The term ``System'' means the National Wildlife Refuge
System designated under section 668dd(a)(1) of this title.
(15) The terms ``take'', ``taking'', and ``taken'' mean to
pursue, hunt, shoot, capture, collect, or kill, or to attempt to
pursue, hunt, shoot, capture, collect, or kill.

(Pub. L. 89-669, Sec. 5, Oct. 15, 1966, 80 Stat. 929; Pub. L. 105-57,
Sec. 3(a), Oct. 9, 1997, 111 Stat. 1253.)

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 Bankhead-Jones Farm Tenant Act, referred to in par. (5)(B), is
act July 22, 1937, ch. 517, 50 Stat. 522, as amended. Title III of the
Act is classified generally to subchapter III (Sec. 1010 et seq.) of
chapter 33 of Title 7, Agriculture. For complete classification of this
Act to the Code, see Short Title note set out under section 1000 of
Title 7 and Tables.


Amendments

1997--Pub. L. 105-57 inserted section catchline and amended text
generally. Prior to amendment, text read as follows:
``(a) The term `person' as used in this Act means any individual,
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
pursue, 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.''