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U.S. Code as of:
01/19/04
Section 668dd. National Wildlife Refuge System
(a) Designation; administration; continuance of
resources-management-programs for refuge lands in Alaska;
disposal of acquired lands; proceeds
(1) For the purpose of consolidating the authorities relating to
the various categories of areas that are administered by the
Secretary for the conservation of fish and wildlife, including
species that are threatened with extinction, all lands, waters, and
interests therein administered by the Secretary as wildlife
refuges, areas for the protection and conservation of fish and
wildlife that are threatened with extinction, wildlife ranges, game
ranges, wildlife management areas, or waterfowl production areas
are hereby designated as the "National Wildlife Refuge System"
(referred to herein as the "System"), which shall be subject to the
provisions of this section, and shall be administered by the
Secretary through the United States Fish and Wildlife Service. With
respect to refuge lands in the State of Alaska, those programs
relating to the management of resources for which any other agency
of the Federal Government exercises administrative responsibility
through cooperative agreement shall remain in effect, subject to
the direct supervision of the United States Fish and Wildlife
Service, as long as such agency agrees to exercise such
responsibility.
(2) The mission of the System is to administer a national network
of lands and waters for the conservation, management, and where
appropriate, restoration of the fish, wildlife, and plant resources
and their habitats within the United States for the benefit of
present and future generations of Americans.
(3) With respect to the System, it is the policy of the United
States that -
(A) each refuge shall be managed to fulfill the mission of the
System, as well as the specific purposes for which that refuge
was established;
(B) compatible wildlife-dependent recreation is a legitimate
and appropriate general public use of the System, directly
related to the mission of the System and the purposes of many
refuges, and which generally fosters refuge management and
through which the American public can develop an appreciation for
fish and wildlife;
(C) compatible wildlife-dependent recreational uses are the
priority general public uses of the System and shall receive
priority consideration in refuge planning and management; and
(D) when the Secretary determines that a proposed
wildlife-dependent recreational use is a compatible use within a
refuge, that activity should be facilitated, subject to such
restrictions or regulations as may be necessary, reasonable, and
appropriate.
(4) In administering the System, the Secretary shall -
(A) provide for the conservation of fish, wildlife, and plants,
and their habitats within the System;
(B) ensure that the biological integrity, diversity, and
environmental health of the System are maintained for the benefit
of present and future generations of Americans;
(C) plan and direct the continued growth of the System in a
manner that is best designed to accomplish the mission of the
System, to contribute to the conservation of the ecosystems of
the United States, to complement efforts of States and other
Federal agencies to conserve fish and wildlife and their
habitats, and to increase support for the System and
participation from conservation partners and the public;
(D) ensure that the mission of the System described in
paragraph (2) and the purposes of each refuge are carried out,
except that if a conflict exists between the purposes of a refuge
and the mission of the System, the conflict shall be resolved in
a manner that first protects the purposes of the refuge, and, to
the extent practicable, that also achieves the mission of the
System;
(E) ensure effective coordination, interaction, and cooperation
with owners of land adjoining refuges and the fish and wildlife
agency of the States in which the units of the System are
located;
(F) assist in the maintenance of adequate water quantity and
water quality to fulfill the mission of the System and the
purposes of each refuge;
(G) acquire, under State law, water rights that are needed for
refuge purposes;
(H) recognize compatible wildlife-dependent recreational uses
as the priority general public uses of the System through which
the American public can develop an appreciation for fish and
wildlife;
(I) ensure that opportunities are provided within the System
for compatible wildlife-dependent recreational uses;
(J) ensure that priority general public uses of the System
receive enhanced consideration over other general public uses in
planning and management within the System;
(K) provide increased opportunities for families to experience
compatible wildlife-dependent recreation, particularly
opportunities for parents and their children to safely engage in
traditional outdoor activities, such as fishing and hunting;
(L) continue, consistent with existing laws and interagency
agreements, authorized or permitted uses of units of the System
by other Federal agencies, including those necessary to
facilitate military preparedness;
(M) ensure timely and effective cooperation and collaboration
with Federal agencies and State fish and wildlife agencies during
the course of acquiring and managing refuges; and
(N) monitor the status and trends of fish, wildlife, and plants
in each refuge.
(5) No acquired lands which are or become a part of the System
may be transferred or otherwise disposed of under any provision of
law (except by exchange pursuant to subsection (b)(3) of this
section) unless -
(A) the Secretary determines with the approval of the Migratory
Bird Conservation Commission that such lands are no longer needed
for the purposes for which the System was established; and
(B) such lands are transferred or otherwise disposed of for an
amount not less than -
(i) the acquisition costs of such lands, in the case of lands
of the System which were purchased by the United States with
funds from the migratory bird conservation fund, or fair market
value, whichever is greater; or
(ii) the fair market value of such lands (as determined by
the Secretary as of the date of the transfer or disposal), in
the case of lands of the System which were donated to the
System.
The Secretary shall pay into the migratory bird conservation fund
the aggregate amount of the proceeds of any transfer or disposal
referred to in the preceding sentence.
(6) Each area which is included within the System on January 1,
1975, or thereafter, and which was or is -
(A) designated as an area within such System by law, Executive
order, or secretarial order; or
(B) so included by public land withdrawal, donation, purchase,
exchange, or pursuant to a cooperative agreement with any State
or local government, any Federal department or agency, or any
other governmental entity,
shall continue to be a part of the System until otherwise specified
by Act of Congress, except that nothing in this paragraph shall be
construed as precluding -
(i) the transfer or disposal of acquired lands within any such
area pursuant to paragraph (5) of this subsection;
(ii) the exchange of lands within any such area pursuant to
subsection (b)(3) of this section; or
(iii) the disposal of any lands within any such area pursuant
to the terms of any cooperative agreement referred to in
subparagraph (B) of this paragraph.
(b) Administration; public accommodations contracts; acceptance and
use of funds; exchange of properties; cash equalization payments
In administering the System, the Secretary is authorized to take
the following actions:
(1) Enter into contracts with any person or public or private
agency through negotiation for the provision of public
accommodations when, and in such locations, and to the extent
that the Secretary determines will not be inconsistent with the
primary purpose for which the affected area was established.
(2) Accept donations of funds and to use such funds to acquire
or manage lands or interests therein.
(3) Acquire lands or interests therein by exchange (A) for
acquired lands or public lands, or for interests in acquired or
public lands, under his jurisdiction which he finds to be
suitable for disposition, or (B) for the right to remove, in
accordance with such terms and conditions as he may prescribe,
products from the acquired or public lands within the System. The
values of the properties so exchanged either shall be
approximately equal, or if they are not approximately equal the
values shall be equalized by the payment of cash to the grantor
or to the Secretary as the circumstances require.
(4) Subject to standards established by and the overall
management oversight of the Director, and consistent with
standards established by this Act, to enter into cooperative
agreements with State fish and wildlife agencies for the
management of programs on a refuge.
(5) Issue regulations to carry out this Act.
(c) Prohibited and permitted activities; application of mining and
mineral leasing laws, hunting or fishing regulations, and State
laws or regulations
No person shall disturb, injure, cut, burn, remove, destroy, or
possess any real or personal property of the United States,
including natural growth, in any area of the System; or take or
possess any fish, bird, mammal, or other wild vertebrate or
invertebrate animals or part or nest or egg thereof within any such
area; or enter, use, or otherwise occupy any such area for any
purpose; unless such activities are performed by persons authorized
to manage such area, or unless such activities are permitted either
under subsection (d) of this section or by express provision of the
law, proclamation, Executive order, or public land order
establishing the area, or amendment thereof: Provided, That the
United States mining and mineral leasing laws shall continue to
apply to any lands within the System to the same extent they apply
prior to October 15, 1966, unless subsequently withdrawn under
other authority of law. With the exception of endangered species
and threatened species listed by the Secretary pursuant to section
1533 of this title in States wherein a cooperative agreement does
not exist pursuant to section 1535(c) of this title, nothing in
this Act shall be construed to authorize the Secretary to control
or regulate hunting or fishing of resident fish and wildlife on
lands not within the system. The regulations permitting hunting and
fishing of resident fish and wildlife within the System shall be,
to the extent practicable, consistent with State fish and wildlife
laws and regulations.
(d) Use of areas; administration of migratory bird sanctuaries as
game taking areas; rights of way, easements, and reservations;
payment of fair market value
(1) The Secretary is authorized, under such regulations as he may
prescribe, to -
(A) permit the use of any area within the System for any
purpose, including but not limited to hunting, fishing, public
recreation and accommodations, and access whenever he determines
that such uses are compatible with the major purposes for which
such areas were established: Provided, That not to exceed 40 per
centum at any one time of any area that has been, or hereafter
may be acquired, reserved, or set apart as an inviolate sanctuary
for migratory birds, under any law, proclamation, Executive
order, or public land order may be administered by the Secretary
as an area within which the taking of migratory game birds may be
permitted under such regulations as he may prescribe unless the
Secretary finds that the taking of any species of migratory game
birds in more than 40 percent of such area would be beneficial to
the species; and
(B) permit the use of, or grant easements in, over, across,
upon, through, or under any areas within the System for purposes
such as but not necessarily limited to, powerlines, telephone
lines, canals, ditches, pipelines, and roads, including the
construction, operation, and maintenance thereof, whenever he
determines that such uses are compatible with the purposes for
which these areas are established.
(2) Notwithstanding any other provision of law, the Secretary may
not grant to any Federal, State, or local agency or to any private
individual or organization any right-of-way, easement, or
reservation in, over, across, through, or under any area within the
system in connection with any use permitted by him under paragraph
(1)(B) of this subsection unless the grantee pays to the Secretary,
at the option of the Secretary, either (A) in lump sum the fair
market value (determined by the Secretary as of the date of
conveyance to the grantee) of the right-of-way, easement, or
reservation; or (B) annually in advance the fair market rental
value (determined by the Secretary) of the right-of-way, easement,
or reservation. If any Federal, State, or local agency is exempted
from such payment by any other provision of Federal law, such
agency shall otherwise compensate the Secretary by any other means
agreeable to the Secretary, including, but not limited to, making
other land available or the loan of equipment or personnel; except
that (A) any such compensation shall relate to, and be consistent
with, the objectives of the National Wildlife Refuge System, and
(B) the Secretary may waive such requirement for compensation if he
finds such requirement impracticable or unnecessary. All sums
received by the Secretary pursuant to this paragraph shall, after
payment of any necessary expenses incurred by him in administering
this paragraph, be deposited into the Migratory Bird Conservation
Fund and shall be available to carry out the provisions for land
acquisition of the Migratory Bird Conservation Act (16 U.S.C. 715
et seq.) and the Migratory Bird Hunting Stamp Act (16 U.S.C. 718 et
seq.).
(3)(A)(i) Except as provided in clause (iv), the Secretary shall
not initiate or permit a new use of a refuge or expand, renew, or
extend an existing use of a refuge, unless the Secretary has
determined that the use is a compatible use and that the use is not
inconsistent with public safety. The Secretary may make the
determinations referred to in this paragraph for a refuge
concurrently with development of a conservation plan under
subsection (e) of this section.
(ii) On lands added to the System after March 25, 1996, the
Secretary shall identify, prior to acquisition, withdrawal,
transfer, reclassification, or donation of any such lands, existing
compatible wildlife-dependent recreational uses that the Secretary
determines shall be permitted to continue on an interim basis
pending completion of the comprehensive conservation plan for the
refuge.
(iii) Wildlife-dependent recreational uses may be authorized on a
refuge when they are compatible and not inconsistent with public
safety. Except for consideration of consistency with State laws and
regulations as provided for in subsection (m) of this section, no
other determinations or findings are required to be made by the
refuge official under this Act or the Refuge Recreation Act for
wildlife-dependent recreation to occur.
(iv) Compatibility determinations in existence on October 9,
1997, shall remain in effect until and unless modified.
(B) Not later than 24 months after October 9, 1997, the Secretary
shall issue final regulations establishing the process for
determining under subparagraph (A) whether a use of a refuge is a
compatible use. These regulations shall -
(i) designate the refuge official responsible for making
initial compatibility determinations;
(ii) require an estimate of the timeframe, location, manner,
and purpose of each use;
(iii) identify the effects of each use on refuge resources and
purposes of each refuge;
(iv) require that compatibility determinations be made in
writing;
(v) provide for the expedited consideration of uses that will
likely have no detrimental effect on the fulfillment of the
purposes of a refuge or the mission of the System;
(vi) provide for the elimination or modification of any use as
expeditiously as practicable after a determination is made that
the use is not a compatible use;
(vii) require, after an opportunity for public comment,
reevaluation of each existing use, other than those uses
specified in clause (viii), if conditions under which the use is
permitted change significantly or if there is significant new
information regarding the effects of the use, but not less
frequently than once every 10 years, to ensure that the use
remains a compatible use, except that, in the case of any use
authorized for a period longer than 10 years (such as an electric
utility right-of-way), the reevaluation required by this clause
shall examine compliance with the terms and conditions of the
authorization, not examine the authorization itself;
(viii) require, after an opportunity for public comment,
reevaluation of each compatible wildlife-dependent recreational
use when conditions under which the use is permitted change
significantly or if there is significant new information
regarding the effects of the use, but not less frequently than in
conjunction with each preparation or revision of a conservation
plan under subsection (e) of this section or at least every 15
years, whichever is earlier; and
(ix) provide an opportunity for public review and comment on
each evaluation of a use, unless an opportunity for public review
and comment on the evaluation of the use has already been
provided during the development or revision of a conservation
plan for the refuge under subsection (e) of this section or has
otherwise been provided during routine, periodic determinations
of compatibility for wildlife-dependent recreational uses.
(4) The provisions of this Act relating to determinations of the
compatibility of a use shall not apply to -
(A) overflights above a refuge; and
(B) activities authorized, funded, or conducted by a Federal
agency (other than the United States Fish and Wildlife Service)
which has primary jurisdiction over a refuge or a portion of a
refuge, if the management of those activities is in accordance
with a memorandum of understanding between the Secretary or the
Director and the head of the Federal agency with primary
jurisdiction over the refuge governing the use of the refuge.
(e) Refuge conservation planning program for non-Alaskan refuge
lands
(1)(A) Except with respect to refuge lands in Alaska (which shall
be governed by the refuge planning provisions of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.)),
the Secretary shall -
(i) propose a comprehensive conservation plan for each refuge
or related complex of refuges (referred to in this subsection as
a "planning unit") in the System;
(ii) publish a notice of opportunity for public comment in the
Federal Register on each proposed conservation plan;
(iii) issue a final conservation plan for each planning unit
consistent with the provisions of this Act and, to the extent
practicable, consistent with fish and wildlife conservation plans
of the State in which the refuge is located; and
(iv) not less frequently than 15 years after the date of
issuance of a conservation plan under clause (iii) and every 15
years thereafter, revise the conservation plan as may be
necessary.
(B) The Secretary shall prepare a comprehensive conservation plan
under this subsection for each refuge within 15 years after October
9, 1997.
(C) The Secretary shall manage each refuge or planning unit under
plans in effect on October 9, 1997, to the extent such plans are
consistent with this Act, until such plans are revised or
superseded by new comprehensive conservation plans issued under
this subsection.
(D) Uses or activities consistent with this Act may occur on any
refuge or planning unit before existing plans are revised or new
comprehensive conservation plans are issued under this subsection.
(E) Upon completion of a comprehensive conservation plan under
this subsection for a refuge or planning unit, the Secretary shall
manage the refuge or planning unit in a manner consistent with the
plan and shall revise the plan at any time if the Secretary
determines that conditions that affect the refuge or planning unit
have changed significantly.
(2) In developing each comprehensive conservation plan under this
subsection for a planning unit, the Secretary, acting through the
Director, shall identify and describe -
(A) the purposes of each refuge comprising the planning unit;
(B) the distribution, migration patterns, and abundance of
fish, wildlife, and plant populations and related habitats within
the planning unit;
(C) the archaeological and cultural values of the planning
unit;
(D) such areas within the planning unit that are suitable for
use as administrative sites or visitor facilities;
(E) significant problems that may adversely affect the
populations and habitats of fish, wildlife, and plants within the
planning unit and the actions necessary to correct or mitigate
such problems; and
(F) opportunities for compatible wildlife-dependent
recreational uses.
(3) In preparing each comprehensive conservation plan under this
subsection, and any revision to such a plan, the Secretary, acting
through the Director, shall, to the maximum extent practicable and
consistent with this Act -
(A) consult with adjoining Federal, State, local, and private
landowners and affected State conservation agencies; and
(B) coordinate the development of the conservation plan or
revision with relevant State conservation plans for fish and
wildlife and their habitats.
(4)(A) In accordance with subparagraph (B), the Secretary shall
develop and implement a process to ensure an opportunity for active
public involvement in the preparation and revision of comprehensive
conservation plans under this subsection. At a minimum, the
Secretary shall require that publication of any final plan shall
include a summary of the comments made by States, owners of
adjacent or potentially affected land, local governments, and any
other affected persons, and a statement of the disposition of
concerns expressed in those comments.
(B) Prior to the adoption of each comprehensive conservation plan
under this subsection, the Secretary shall issue public notice of
the draft proposed plan, make copies of the plan available at the
affected field and regional offices of the United States Fish and
Wildlife Service, and provide opportunity for public comment.
(f) Penalties
(1) Knowing violations
Any person who knowingly violates or fails to comply with any
of the provisions of this Act or any regulations issued
thereunder shall be fined under title 18 or imprisoned for not
more than 1 year, or both.
(2) Other violations
Any person who otherwise violates or fails to comply with any
of the provisions of this Act (including a regulation issued
under this Act) shall be fined under title 18 or imprisoned not
more than 180 days, or both.
(g) Enforcement provision; arrests, searches, and seizures; custody
of property; forfeitures; disposition
Any person authorized by the Secretary to enforce the provisions
of this Act or any regulations issued thereunder, may, without a
warrant, arrest any person violating this Act or regulations in his
presence or view, and may execute any warrant or other process
issued by an officer or court of competence jurisdiction to enforce
the provisions of this Act or regulations, and may with a search
warrant search for and seize any property, fish, bird, mammal, or
other wild vertebrate or invertebrate animals or part or nest or
egg thereof, taken or possessed in violation of this Act or the
regulations issued thereunder. Any property, fish, bird, mammal, or
other wild vertebrate or invertebrate animals or part or egg
thereof seized with or without a search warrant shall be held by
such person or by a United States marshal, and upon conviction,
shall be forfeited to the United States and disposed of by the
Secretary, in accordance with law. The Director of the United
States Fish and Wildlife Service is authorized to utilize by
agreement, with or without reimbursement, the personnel and
services of any other Federal or State agency for purposes of
enhancing the enforcement of this Act.
(h) Regulations; continuation, modification, or rescission
Regulations applicable to areas of the System that are in effect
on October 15, 1966, shall continue in effect until modified or
rescinded.
(i) National conservation recreational area provisions; amendment,
repeal, or modification
Nothing in this section shall be construed to amend, repeal, or
otherwise modify the provision of the Act of September 28, 1962 (76
Stat. 653; 16 U.S.C. 460k - 460k-4) which authorizes the Secretary
to administer the areas within the System for public recreation.
The provisions of this section relating to recreation shall be
administered in accordance with the provisions of said sections.
(j) Exemption from State water laws
Nothing in this Act shall constitute an express or implied claim
or denial on the part of the Federal Government as to exemption
from State water laws.
(k) Emergency power
Notwithstanding any other provision of this Act, the Secretary
may temporarily suspend, allow, or initiate any activity in a
refuge in the System if the Secretary determines it is necessary to
protect the health and safety of the public or any fish or wildlife
population.
(l) Hunting and fishing on lands and waters not within System
Nothing in this Act shall be construed to authorize the Secretary
to control or regulate hunting or fishing of fish and resident
wildlife on lands or waters that are not within the System.
(m) State authority
Nothing in this Act shall be construed as affecting the
authority, jurisdiction, or responsibility of the several States to
manage, control, or regulate fish and resident wildlife under State
law or regulations in any area within the System. Regulations
permitting hunting or fishing of fish and resident wildlife within
the System shall be, to the extent practicable, consistent with
State fish and wildlife laws, regulations, and management plans.
(n) Water rights
(1) Nothing in this Act shall -
(A) create a reserved water right, express or implied, in the
United States for any purpose;
(B) affect any water right in existence on October 9, 1997; or
(C) affect any Federal or State law in existence on October 9,
1997, regarding water quality or water quantity.
(2) Nothing in this Act shall diminish or affect the ability to
join the United States in the adjudication of rights to the use of
water pursuant to section 666 of title 43.
(o) Coordination with State agencies
Coordination with State fish and wildlife agency personnel or
with personnel of other affected State agencies pursuant to this
Act shall not be subject to the Federal Advisory Committee Act (5
U.S.C. App.).
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