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CITE

    16 USC Sec. 668dd                                           01/05/2009

EXPCITE

    TITLE 16 - CONSERVATION
    CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
    SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE

HEAD

    Sec. 668dd. National Wildlife Refuge System

STATUTE

    (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.).

SOURCE

    (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), subsequently renamed the Migratory Bird Hunting and
    Conservation Stamp Act, 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 [now Committee on Natural 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 the 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 [now
      Committee on Natural 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; Pub. L. 109-363, title V, Oct. 17, 2006,
       120 Stat. 2078.
      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.
      Cibola National Wildlife Refuge, California. - Pub. L. 109-127,
       Dec. 7, 2005, 119 Stat. 2548.
      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.
      Elizabeth Hartwell Mason Neck National Wildlife Refuge (former
       Mason Neck National Wildlife Refuge), Virginia. - Pub. L. 106-291,
       title I, Sec. 120, Oct. 11, 2000, 114 Stat. 944; Pub. L. 109-269,
       Sec. 1, Aug. 12, 2006, 120 Stat. 682.
      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.
      James Campbell National Wildlife Refuge, Hawaii. - Pub. L.
       109-225, May 25, 2006, 120 Stat. 378.
      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; Pub. L.
       109-166, Sec. 4, Jan. 10, 2006, 119 Stat. 3577.
      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 (see Elizabeth
       Hartwell Mason Neck National Wildlife Refuge).
      McNary National Wildlife Refuge, Washington. - Pub. L. 106-53,
       title V, Sec. 563(l), Aug. 17, 1999, 113 Stat. 365; Pub. L.
       110-114, title III, Sec. 3164, Nov. 8, 2007, 121 Stat. 1151.
      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; Pub. L.
       109-163, div. C, title XXXI, Sec. 3112(b)(7), Jan. 6, 2006, 119
       Stat. 3541.
      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.
      St. Marks National Wildlife Refuge, Florida. - Pub. L. 109-241,
       title V, Sec. 504, July 11, 2006, 120 Stat. 551.
      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.
    --------------------------------------------------------------------

EXECUTIVE ORDER

     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.
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