Refuge Improvement Act

PUBLIC LAW 105–57—OCT. 9, 1997

NATIONAL WILDLIFE REFUGE SYSTEM
IMPROVEMENT ACT OF 1997

111 STAT. 1252

PUBLIC LAW 105–57—OCT. 9, 1997

Public Law 105–57
105th Congress
An Act
Oct. 9, 1997
[H.R. 1420]

National Wildlife
Refuge System
Improvement Act
of 1997.
16 USC 668dd
note.

16 USC 668dd
note.

To amend the National Wildlife Refuge System Administration Act of 1966 to
improve the management of the National Wildlife Refuge System, and for other
purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.

(a) SHORT TITLE.—This Act may be cited as the ‘‘National
Wildlife Refuge System Improvement Act of 1997’’.
(b) REFERENCES.—Whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of,
a section or other provision, the reference shall be considered to
be made to a section or provision of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et seq.).
SEC. 2. FINDINGS.

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.

PUBLIC LAW 105–57—OCT. 9, 1997

111 STAT. 1253

(7) On March 25, 1996, the President issued Executive
Order 12996, 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.
SEC. 3. DEFINITIONS.

(a) IN GENERAL.—Section 5 (16 U.S.C. 668ee) is amended to
read as follows:
‘‘SEC. 5. DEFINITIONS.

‘‘For purposes of this Act:
‘‘(1) The term ‘compatible use’ means a wildlife-dependent
recreational use or any other use of a refuge that, in the
sound professional judgment of the Director, will not materially
interfere with or detract from the fulfillment of the mission
of the System or the purposes of the refuge.
‘‘(2) The terms ‘wildlife-dependent recreation’ and ‘wildlifedependent recreational use’ mean a use of a refuge involving
hunting, fishing, wildlife observation and photography, or
environmental education and interpretation.
‘‘(3) The term ‘sound professional judgment’ means a
finding, determination, or decision that is consistent with
principles of sound fish and wildlife management and administration, available science and resources, and adherence to the
requirements of this Act and other applicable laws.
‘‘(4) The terms ‘conserving’, ‘conservation’, ‘manage’, ‘managing’, and ‘management’, mean to sustain and, where
appropriate, restore and enhance, healthy populations of fish,
wildlife, and plants utilizing, in accordance with applicable
Federal and State laws, methods and procedures associated
with modern scientific resource programs. Such methods and
procedures include, consistent with the provisions of this Act,
protection, research, census, law enforcement, habitat management, propagation, live trapping and transplantation, and
regulated taking.
‘‘(5) The term ‘Coordination Area’ means a wildlife management area that is made available to a State—
‘‘(A) by cooperative agreement between the United
States Fish and Wildlife Service and a State agency having
control over wildlife resources pursuant to section 4 of
the Fish and Wildlife Coordination Act (16 U.S.C. 664);
or
‘‘(B) by long-term leases or agreements pursuant to
title III of the Bankhead-Jones Farm Tenant Act (50 Stat.
525; 7 U.S.C. 1010 et seq.).
‘‘(6) The term ‘Director’ means the Director of the United
States Fish and Wildlife Service or a designee of that Director.
‘‘(7) The terms ‘fish’, ‘wildlife’, and ‘fish and wildlife’ mean
any wild member of the animal kingdom whether alive or
dead, and regardless of whether the member was bred, hatched,
or born in captivity, including a part, product, egg, or offspring
of the member.
‘‘(8) The term ‘person’ means any individual, partnership,
corporation, or association.

111 STAT. 1254

PUBLIC LAW 105–57—OCT. 9, 1997

‘‘(9) The term ‘plant’ means any member of the plant kingdom in a wild, unconfined state, including any plant community,
seed, root, or other part of a plant.
‘‘(10) The terms ‘purposes of the refuge’ and ‘purposes of
each refuge’ mean the purposes specified in or derived from
the law, proclamation, executive order, agreement, public land
order, donation document, or administrative memorandum
establishing, authorizing, or expanding a refuge, refuge unit,
or refuge subunit.
‘‘(11) The term ‘refuge’ means a designated area of land,
water, or an interest in land or water within the System,
but does not include Coordination Areas.
‘‘(12) The term ‘Secretary’ means the Secretary of the
Interior.
‘‘(13) The terms ‘State’ and ‘United States’ mean the several
States of the United States, Puerto Rico, American Samoa,
the Virgin Islands, Guam, and the territories and possessions
of the United States.
‘‘(14) The term ‘System’ means the National Wildlife Refuge
System designated under section 4(a)(1).
‘‘(15) The terms ‘take’, ‘taking’, and ‘taken’ mean to pursue,
hunt, shoot, capture, collect, or kill, or to attempt to pursue,
hunt, shoot, capture, collect, or kill.’’.
(b) CONFORMING AMENDMENT.—Section 4 (16 U.S.C. 668dd)
is amended by striking ‘‘Secretary of the Interior’’ each place it
appears and inserting ‘‘Secretary’’.
SEC. 4. MISSION OF THE SYSTEM.

Section 4(a) (16 U.S.C. 668dd(a)) is amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs
(5) and (6), respectively;
(2) in clause (i) of paragraph (6) (as so redesignated), by
striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (5)’’; and
(3) by inserting after paragraph (1) the following new
paragraph:
‘‘(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.’’.
SEC. 5. ADMINISTRATION OF THE SYSTEM.

(a) ADMINISTRATION GENERALLY.—Section 4(a) (16 U.S.C.
668dd(a)), as amended by section 4 of this Act, is further amended
by inserting after new paragraph (2) the following new paragraphs:
‘‘(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;

PUBLIC LAW 105–57—OCT. 9, 1997

111 STAT. 1255

‘‘(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

111 STAT. 1256

Regulations.

PUBLIC LAW 105–57—OCT. 9, 1997
‘‘(N) monitor the status and trends of fish, wildlife, and
plants in each refuge.’’.
(b) POWERS.—Section 4(b) (16 U.S.C. 668dd(b)) is amended—
(1) in the matter preceding paragraph (1) by striking
‘‘authorized—’’ and inserting ‘‘authorized to take the following
actions:’’;
(2) in paragraph (1) by striking ‘‘to enter’’ and inserting
‘‘Enter’’;
(3) in paragraph (2)—
(A) by striking ‘‘to accept’’ and inserting ‘‘Accept’’; and
(B) by striking ‘‘, and’’ and inserting a period;
(4) in paragraph (3) by striking ‘‘to acquire’’ and inserting
‘‘Acquire’’; and
(5) by adding at the end the following new paragraphs:
‘‘(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.’’.

SEC. 6. COMPATIBILITY STANDARDS AND PROCEDURES.

Regulations.

Section 4(d) (16 U.S.C. 668dd(d)) is amended by adding at
the end the following new paragraphs:
‘‘(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).
‘‘(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), no other
determinations or findings are required to be made by the refuge
official under this Act or the Refuge Recreation Act for wildlifedependent recreation to occur.
‘‘(iv) Compatibility determinations in existence on the date of
enactment of the National Wildlife Refuge System Improvement
Act of 1997 shall remain in effect until and unless modified.
‘‘(B) Not later than 24 months after the date of the enactment
of the National Wildlife Refuge System Improvement Act of 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;

PUBLIC LAW 105–57—OCT. 9, 1997

111 STAT. 1257

‘‘(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) 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) 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.’’.
SEC. 7. REFUGE CONSERVATION PLANNING PROGRAM.

(a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) is amended—
(1) by redesignating subsections (e) through (i) as
subsections (f) through (j), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
‘‘(e)(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—

Public
information.

111 STAT. 1258

Federal Register,
publication.

PUBLIC LAW 105–57—OCT. 9, 1997

‘‘(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
the date of enactment of the National Wildlife Refuge System
Improvement Act of 1997.
‘‘(C) The Secretary shall manage each refuge or planning unit
under plans in effect on the date of enactment of the National
Wildlife Refuge System Improvement Act of 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

PUBLIC LAW 105–57—OCT. 9, 1997

111 STAT. 1259

‘‘(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.’’.
SEC. 8. EMERGENCY POWER; STATE AUTHORITY; WATER RIGHTS;
COORDINATION.

(a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) is further
amended by adding at the end the following new subsections:
‘‘(k) 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) 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) 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)(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 the date of
enactment of the National Wildlife Refuge System Improvement
Act of 1997; or
‘‘(C) affect any Federal or State law in existence on the
date of the enactment of the National Wildlife Refuge System
Improvement Act of 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 the McCarran Act (43 U.S.C. 666).
‘‘(o) 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.).’’.
(b) CONFORMING AMENDMENT.—Section 4(c) (16 U.S.C.
668dd(c)) is amended by striking the last sentence.

Public
information.

Public
information.

111 STAT. 1260
16 USC 668dd
note.

PUBLIC LAW 105–57—OCT. 9, 1997

SEC. 9. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.

(a) IN GENERAL.—Nothing in this Act 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), including those in titles III and VIII of that
Act;
(2) the provisions of section 102 of the Alaska National
Interest Lands Conservation Act, 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 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.
Approved October 9, 1997.

LEGISLATIVE HISTORY—H.R. 1420:
HOUSE REPORTS: No. 105–106 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 143 (1997):
June 3, considered and passed House.
Sept. 10, considered and passed Senate, amended.
Sept. 23, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 33 (1997):
Oct. 9, Presidential statement.

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