16 USC 668dd National Wildlife Refuge System Improvement Act

Page 1115

TITLE 16—CONSERVATION
AMENDMENTS

1972—Pub. L. 92–535 substituted ‘‘poison, wound, kill,
capture, trap, collect, molest’’ for ‘‘wound, kill, capture, trap, collect, or otherwise willfully molest’’.

§ 668d. Availability of appropriations for Migratory Bird Treaty Act
Moneys now or hereafter available to the Secretary of the Interior for the administration and
enforcement of the Migratory Bird Treaty Act
of July 3, 1918 [16 U.S.C. 703 et seq.], shall be
equally available for the administration and enforcement of this subchapter.
(June 8, 1940, ch. 278, § 5, 54 Stat. 251.)
REFERENCES IN TEXT
The Migratory Bird Treaty Act, referred to in text, is
act July 3, 1918, ch. 128, 40 Stat. 755, as amended, which
is classified generally to subchapter II (§ 703 et seq.) of
chapter 7 of this title. For complete classification of
this Act to the Code, see section 710 of this title and
Tables.

SUBCHAPTER III—ENDANGERED SPECIES
OF FISH AND WILDLIFE
§§ 668aa to 668cc–6. Repealed. Pub. L. 93–205, § 14,
Dec. 28, 1973, 87 Stat. 903
The provisions of sections 668aa to 668cc–6, which,
pursuant to section 12(d) of Pub. L. 91–135, Dec. 5, 1969,
83 Stat. 283, were known as the ‘‘Endangered Species
Conservation Act of 1969’’, are covered by section 1531
et seq. of this title.
Section 668aa, Pub. L. 89–669, § 1, Oct. 15, 1966, 80 Stat.
926; Pub. L. 91–135, § 12(a), (e), Dec. 5, 1969, 83 Stat. 282,
283, set out the Congressional findings, declaration of
policy, and statement of purposes in seeking the protection of endangered species of fish and wildlife.
Section 668bb, Pub. L. 89–669, § 2, Oct. 15, 1966, 80 Stat.
926; Pub. L. 91–135, § 12(b), (c), Dec. 5, 1969, 83 Stat. 282,
set out the powers and duties of the Secretary of the
Interior in carrying out the mandate of the Endangered
Species Conservation Act of 1969.
Section 668cc, Pub. L. 89–669, § 3, Oct. 15, 1966, 80 Stat.
927, covered the Secretary’s duty to cooperate with the
States, area administration, management agreements,
and disposition of revenues.
Section 668cc–1, Pub. L. 91–135, § 1, Dec. 5, 1969, 83
Stat. 275, defined ‘‘Secretary’’, ‘‘fish or wildlife’’,
‘‘United States’’, and ‘‘person’’.
Section 668cc–2, Pub. L. 91–135, § 2, Dec. 5, 1969, 83
Stat. 275, covered importation of endangered species
and set out civil and criminal penalties by reference to
provisions of section 668cc–4 of this title.
Section 668cc–3, Pub. L. 91–135, § 3, Dec. 5, 1969, 83
Stat. 275, provided for determination by the Secretary
of the species threatened with extinction, methods to
be used and factors determinative of Secretary’s determination, and rule making procedures to be used.
Section 668cc–4, Pub. L. 91–135, § 4, Dec. 5, 1969, 83
Stat. 276, set out penalties for violation of sections
668cc–2 and 668cc–3 of this title and provisions for their
enforcement.
Section 668cc–5, Pub. L. 91–135, § 5, Dec. 5, 1969, 83
Stat. 278, covered international agreements for fish and
wildlife preservation.
Section 668cc–6, Pub. L. 91–135, § 6, Dec. 5, 1969, 83
Stat. 278, called for coordination of administration of
provisions relating to endangered species of fish and
wildlife with animal quarantine and tariff laws, and
provided for non-impairment of functions of Secretaries of Agriculture and Treasury under agriculture and
tariff laws, including imports.
EFFECTIVE DATE OF REPEAL
Repeal 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.

§ 668dd

§ 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;

§ 668dd

TITLE 16—CONSERVATION

(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—

Page 1116

(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.

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TITLE 16—CONSERVATION

(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

§ 668dd

(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 determina-

§ 668dd

TITLE 16—CONSERVATION

tions 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

Page 1118

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;

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TITLE 16—CONSERVATION

(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 competent 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

§ 668dd

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.

§ 668dd

TITLE 16—CONSERVATION

(2) Nothing in this Act shall diminish or affect
the ability to join the United States in the adjudication of rights to the use of water pursuant
to section 666 of title 43.
(o) Coordination with State agencies
Coordination with State fish and wildlife
agency personnel or with personnel of other affected State agencies pursuant to this Act shall
not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(Pub. L. 89–669, § 4, Oct. 15, 1966, 80 Stat. 927; Pub.
L. 90–404, § 1, July 18, 1968, 82 Stat. 359; Pub. L.
93–205, § 13(a), Dec. 28, 1973, 87 Stat. 902; Pub. L.
93–509, § 2, Dec. 3, 1974, 88 Stat. 1603; Pub. L.
94–215, § 5, Feb. 17, 1976, 90 Stat. 190; Pub. L.
94–223, Feb. 27, 1976, 90 Stat. 199; Pub. L. 95–616,
§§ 3(f), 6, Nov. 8, 1978, 92 Stat. 3111, 3114; Pub. L.
100–226, § 4, Dec. 31, 1987, 101 Stat. 1551; Pub. L.
100–653, title IX, § 904, Nov. 14, 1988, 102 Stat. 3834;
Pub. L. 105–57, §§ 3(b)–8, Oct. 9, 1997, 111 Stat.
1254–1259; Pub. L. 105–312, title II, § 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, 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 Migratory Bird Conservation Act, referred to in
subsec. (d)(2), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222,
which is classified generally to subchapter III (§ 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, which is classified generally
to subchapter IV (§ 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, which is classified generally to subchapter LXVIII (§ 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. 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,
which is classified to the Appendix of Title 5, Government Organization and Employees.
AMENDMENTS
1998—Subsec. (c). Pub. L. 105–312, § 206(1), struck out
‘‘knowingly’’ after ‘‘No person shall’’ in first sentence.
Subsec. (f). Pub. L. 105–312, § 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, § 3(b), substituted
‘‘Secretary’’ for ‘‘Secretary of the Interior’’ before ‘‘for
the conservation of fish and wildlife’’.
Subsec. (a)(2). Pub. L. 105–57, § 4(1), (3), added par. (2)
and redesignated former par. (2) as (5).
Subsec. (a)(2)(A). Pub. L. 105–57, § 3(b), substituted
‘‘Secretary’’ for ‘‘Secretary of the Interior’’ before ‘‘determines with the approval’’.
Subsec. (a)(3). Pub. L. 105–57, §§ 4(1), 5(a), added par.
(3) and redesignated former par. (3) as (6).

Page 1120

Subsec. (a)(4). Pub. L. 105–57, § 5(a), added par. (4).
Subsec. (a)(5). Pub. L. 105–57, § 4(1), redesignated par.
(2) as (5).
Subsec. (a)(6). Pub. L. 105–57, § 4(1), redesignated par.
(3) as (6).
Subsec. (a)(6)(i). Pub. L. 105–57, § 4(2), substituted
‘‘paragraph (5)’’ for ‘‘paragraph (2)’’.
Subsec. (b). Pub. L. 105–57, § 5(b)(1), substituted ‘‘authorized to take the following actions:’’ for ‘‘authorized—’’ in introductory provisions.
Subsec. (b)(1). Pub. L. 105–57, § 5(b)(2), substituted
‘‘Enter’’ for ‘‘to enter’’.
Subsec. (b)(2). Pub. L. 105–57, § 5(b)(3), substituted
‘‘Accept’’ for ‘‘to accept’’ and substituted a period for
‘‘, and’’ at end.
Subsec. (b)(3). Pub. L. 105–57, § 5(b)(4), substituted
‘‘Acquire’’ for ‘‘to acquire’’.
Subsec. (b)(4), (5). Pub. L. 105–57, § 5(b)(5), added pars.
(4) and (5).
Subsec. (c). Pub. L. 105–57, § 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, § 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, § 6, added pars. (3)
and (4).
Subsec. (e). Pub. L. 105–57, § 7(a), added subsec. (e) and
redesignated former subsec. (e) as (f).
Subsec. (f). Pub. L. 105–57, § 7(a)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Pub. L. 105–57, § 3(b), substituted ‘‘Secretary’’ for
‘‘Secretary of the Interior’’ before ‘‘to enforce the provisions’’.
Subsec. (g). Pub. L. 105–57, § 7(a)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 105–57, § 7(a)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Pub. L. 105–57, § 3(b), substituted ‘‘Secretary’’ for
‘‘Secretary of the Interior’’.
Subsecs. (i), (j). Pub. L. 105–57, § 7(a)(1), redesignated
subsecs. (h) and (i) as (i) and (j), respectively.
Subsecs. (k) to (o). Pub. L. 105–57, § 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, § 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, § 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 exist-

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ing 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, § 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, §§ 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

§ 668dd

TITLE 16—CONSERVATION

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.

Page 1122

‘‘(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]

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TITLE 16—CONSERVATION

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 longterm 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 longterm 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.’’

§ 668dd

TITLE 16—CONSERVATION

LAND TRANSFER AND CONVEYANCE, PEASE AIR FORCE
BASE, NEW HAMPSHIRE
Pub. L. 102–154, title III, § 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, § 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,
§ 1(a)(4) [div. A, § 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, § 2853, Dec. 2,
2002, 116 Stat. 2727.
Alaska Peninsula National Wildlife Refuge, Alaska.—
Pub. L. 96–498, title III, § 302(1), Dec. 2, 1980, 94 Stat.
2385; Pub. L. 111–11, title VI, §§ 6401–6406, Mar. 30,
2009, 123 Stat. 1177–1182.

Page 1124

NATIONAL WILDLIFE REFUGES—CONTINUED
Amagansett National Wildlife Refuge, New York.—
Pub. L. 104–148, § 1, May 24, 1996, 110 Stat. 1378.
Aransas National Wildlife Refuge, Myrtle Foester
Whitmire Division, Texas.—Pub. L. 102–226, § 1, Dec.
11, 1991, 105 Stat. 1685.
Arctic National Wildlife Refuge, Alaska.—Pub. L.
96–498, title III, § 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, § 2, Nov. 7, 1986, 100 Stat. 3502.
Baca National Wildlife Refuge, Colorado.—Pub. L.
106–530, § 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, § 5, Oct. 30, 1998, 112 Stat. 3025.
Bayou Cocodrie National Wildlife Refuge, Louisiana.—
Pub. L. 101–593, title I, § 108, Nov. 16, 1990, 104 Stat.
2956.
Bayou Sauvage Urban National Wildlife Refuge, Louisiana.—Pub. L. 99–645, title V, § 502, Nov. 10, 1986, 100
Stat. 3590; Pub. L. 104–253, § 2, Oct. 9, 1996, 110 Stat.
3167.
Becharof National Wildlife Refuge, Alaska.—Pub. L.
96–498, title III, § 302(2), Dec. 2, 1980, 94 Stat. 2385.
Bitter Lake National Wildlife Refuge, New Mexico.—
Pub. L. 108–7, div. F, title I, § 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, LouisianaMississippi.—Pub. L. 96–288, June 28, 1980, 94 Stat.
603; Pub. L. 99–191, § 3, Dec. 19, 1985, 99 Stat. 1327;
Pub. L. 101–233, § 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, § 1,
Dec. 19, 1985, 99 Stat. 1327.
Cache River National Wildlife Refuge, Arkansas.—
Pub. L. 102–584, §§ 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, § 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, § 129, Nov. 5, 2001, 115
Stat. 442.
Cat Island National Wildlife Refuge, Louisiana.—Pub.
L. 106–369, §§ 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; Pub. L. 111–85, title I, § 123, Oct. 28, 2009,
123 Stat. 2852.
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, § 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009–181, 3009–185.
Columbia National Wildlife Refuge, Washington.—
Pub. L. 106–291, title I, § 138, Oct. 11, 2000, 114 Stat.
949.
Cossatot National Wildlife Refuge, Arkansas.—Pub. L.
104–333, div. I, title III, § 305(h), Nov. 12, 1996, 110
Stat. 4130.
Desert National Wildlife Range, Nevada.—Pub. L.
107–282, title III, § 301, Nov. 6, 2002, 116 Stat. 2006;
Pub. L. 108–424, title VI, § 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.

Page 1125

TITLE 16—CONSERVATION

§ 668dd

NATIONAL WILDLIFE REFUGES—CONTINUED

NATIONAL WILDLIFE REFUGES—CONTINUED

Don Edwards San Francisco Bay National Wildlife
Refuge, California.—Pub. L. 92–326, June 30, 1972, 86
Stat. 391; Pub. L. 96–290, § 1, June 28, 1980, 94 Stat.
607; Pub. L. 100–556, title II, Oct. 28, 1988, 102 Stat.
2780; Pub. L. 104–78, § 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, § 120, Oct. 11, 2000,
114 Stat. 944; Pub. L. 109–269, § 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,
§ 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, § 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, § 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, § 145(g)(1), Jan.
23, 2004, 118 Stat. 444.
Humboldt Bay National Wildlife Refuge, California.—
Pub. L. 96–290, § 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, § 302(3), Dec. 2, 1980, 94 Stat. 2386.
Izembek National Wildlife Refuge, Alaska.—Pub. L.
96–498, title III, § 303(3), Dec. 2, 1980, 94 Stat. 2390;
Pub. L. 111–11, title VI, §§ 6401–6406, Mar. 30, 2009, 123
Stat. 1177–1182.
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, § 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, § 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, § 7, formerly § 6, Oct. 6,
1994, 108 Stat. 3120, renumbered § 7, Pub. L. 106–369,
§ 9(a), Oct. 27, 2000, 114 Stat. 1419; Pub. L. 109–166, § 4,
Jan. 10, 2006, 119 Stat. 3577.
Kanuti National Wildlife Refuge, Alaska.—Pub. L.
96–498, title III, § 302(4), Dec. 2, 1980, 94 Stat. 2386.
Kenai National Wildlife Refuge, Alaska.—Pub. L.
96–487, title III, § 303(4), Dec. 2, 1980, 94 Stat. 2391;
Pub. L. 104–333, div. I, title III, § 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, § 28, as added Pub. L. 85–731,
§ 1, Aug. 23, 1958, 72 Stat. 816; amended Pub. L. 86–247,
Sept. 9, 1959, 73 Stat. 477; Pub. L. 105–312, title II,
§ 205, Oct. 30, 1998, 112 Stat. 2957; Pub. L. 105–321,
§ 4(e), Oct. 30, 1998, 112 Stat. 3025.
Kodiak National Wildlife Refuge, Alaska.—Pub. L.
96–498, title III, § 303(5), Dec. 2, 1980, 94 Stat. 2391.
Koyukuk National Wildlife Refuge, Alaska.—Pub. L.
96–498, title III, § 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, § 563(l), Aug. 17, 1999, 113 Stat. 365;
Pub. L. 110–114, title III, § 3164, Nov. 8, 2007, 121 Stat.
1151.
Midway Atoll National Wildlife Refuge, Midway Islands.—Ex. Ord. No. 13022, § 3(a), Oct. 31, 1996, 61 F.R.
56875; Pub. L. 107–206, title I, § 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, § 2821,
Dec. 2, 2002, 116 Stat. 2710.
Neal Smith National Wildlife Refuge, Iowa.—Pub. L.
105–83, title III, § 341, Nov. 14, 1997, 111 Stat. 1604.
Ninigret National Wildlife Refuge, Rhode Island.—
Pub. L. 105–178, title I, § 1214(g), (i), June 9, 1998, 112
Stat. 206, 207; Pub. L. 105–206, title IX, § 9006(d), July
22, 1998, 112 Stat. 849.
North Platte National Wildlife Refuge, Nebraska.—
Pub. L. 104–212, title I, § 101, Oct. 1, 1996, 110 Stat.
3014.
Nowitna National Wildlife Refuge, Alaska.—Pub. L.
96–498, title III, § 302(6), Dec. 2, 1980, 94 Stat. 2387.
Oahu National Wildlife Refuge Complex, Hawaii.—
Pub. L. 104–209, § 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, § 2846, Oct. 5, 1994, 108
Stat. 3071; Pub. L. 104–106, div. B, title XXVIII, § 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, § 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,
§ 9(c), Oct. 27, 2000, 114 Stat. 1419.
Rhode Island National Wildlife Refuge, Rhode Island.—Pub. L. 105–178, title I, § 1214(j), June 9, 1998,
112 Stat. 207.
Ridgefield National Wildlife Refuge, Washington.—
Pub. L. 102–570, § 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,
§ 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, § 2840, Nov. 18,
1997, 111 Stat. 2007.
Sachuest Point National Wildlife Refuge, Rhode Island.—Pub. L. 105–178, title I, § 1214(f), (h), June 9,
1998, 112 Stat. 206, 207.
Sailors’ Snug Harbor National Wildlife Refuge, New
York.—Pub. L. 96–315, § 2, July 25, 1980, 94 Stat. 957.
St. Marks National Wildlife Refuge, Florida.—Pub. L.
109–241, title V, § 504, July 11, 2006, 120 Stat. 551.
San Diego National Wildlife Refuge, California.—Pub.
L. 106–398, § 1 [div. B, title XXVIII, § 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, § 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.

§ 668dd

TITLE 16—CONSERVATION

NATIONAL WILDLIFE REFUGES—CONTINUED
Sonny Bono Salton Sea National Wildlife Refuge,
California.—Pub. L. 105–372, title I, § 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, § 2, Oct. 19, 1990, 104 Stat. 1028.
Stillwater National Wildlife Refuge, Nevada.—Pub. L.
101–618, title II, § 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, § 2, Dec. 19, 1985, 99 Stat. 1327; Pub. L. 104–253,
§ 1, Oct. 9, 1996, 110 Stat. 3167.
Tetlin National Wildlife Refuge, Alaska.—Pub. L.
96–498, title III, § 302(8), Dec. 2, 1980, 94 Stat. 2388.
Theodore Roosevelt National Wildlife Refuge, Mississippi.—Pub. L. 108–199, div. H, § 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,
§ 145(g)(2), Jan. 23, 2004, 118 Stat. 444.
Togiak National Wildlife Refuge, Alaska.—Pub. L.
96–498, title III, § 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, § 107, Nov. 16, 1990, 104
Stat. 2955.
Wertheim National Wildlife Refuge, New York.—Pub.
L. 106–113, div. B, § 1000(a)(5) [title II, § 222], Nov. 29,
1999, 113 Stat. 1536, 1501A–299.
White River National Wildlife Refuge, Arkansas.—
Pub. L. 102–584, §§ 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, § 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, § 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, § 10(c), (d), Oct. 31, 1984, 98
Stat. 3191; Pub. L. 105–146, § 2, Dec. 16, 1997, 111 Stat.
2672.
NATIONAL ENVIRONMENTAL CENTERS
Tinicum National Environmental Center, Pennsylvania.—Pub. L. 92–326, June 30, 1972, 86 Stat. 391; renamed John Heinz National Wildlife Refuge at
Tinicum, Pub. L. 102–154, title I, Nov. 13, 1991, 105
Stat. 995.
EX. ORD. NO. 12996. MANAGEMENT AND GENERAL PUBLIC
USE OF NATIONAL WILDLIFE REFUGE SYSTEM
Ex. Ord. No. 12996, Mar. 25, 1996, 61 F.R. 13647, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in furtherance of the purposes of the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a [et seq.]), the
Fish and Wildlife Coordination Act (16 U.S.C. 661 [et
seq.]), the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd [, 668ee]), the Refuge Recreation Act (16 U.S.C. 460k [et seq.]), the Endangered Species Act of 1973 (16 U.S.C. 1531 [et seq.]), the Emergency
Wetlands Resources Act (16 U.S.C. 3901 [et seq.]), the
North American Wetlands Conservation Act (16 U.S.C.
4401 [et seq.]), the National Environmental Policy Act
(42 U.S.C. 4321 [et seq.]), and other pertinent statutes,
and in order to conserve fish and wildlife and their
habitat, it is ordered as follows:

Page 1126

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

Page 1127

§§ 668kk to 668ss

TITLE 16—CONSERVATION

(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.

§ 668ee. Definitions
For purposes of this Act:
(1) The term ‘‘compatible use’’ means a wildlife-dependent recreational use or any other
use of a refuge that, in the sound professional
judgment of the Director, will not materially
interfere with or detract from the fulfillment
of the mission of the System or the purposes
of the refuge.
(2) The terms ‘‘wildlife-dependent recreation’’ and ‘‘wildlife-dependent recreational
use’’ mean a use of a refuge involving hunting,
fishing, wildlife observation and photography,
or environmental education and interpretation.
(3) The term ‘‘sound professional judgment’’
means a finding, determination, or decision
that is consistent with principles of sound fish
and wildlife management and administration,
available science and resources, and adherence
to the requirements of this Act and other applicable laws.
(4) The terms ‘‘conserving’’, ‘‘conservation’’,
‘‘manage’’, ‘‘managing’’, and ‘‘management’’,
mean to sustain and, where appropriate, restore and enhance, healthy populations of fish,
wildlife, and plants utilizing, in accordance
with applicable Federal and State laws, methods and procedures associated with modern
scientific resource programs. Such methods
and procedures include, consistent with the
provisions of this Act, protection, research,
census, law enforcement, habitat management, propagation, live trapping and transplantation, and regulated taking.
(5) The term ‘‘Coordination Area’’ means a
wildlife management area that is made available to a State—
(A) by cooperative agreement between the
United States Fish and Wildlife Service and
a State agency having control over wildlife
resources pursuant to section 664 of this
title; or
(B) by long-term leases or agreements pursuant to title III of the Bankhead-Jones
Farm Tenant Act (50 Stat. 525; 7 U.S.C. 1010
et seq.).
(6) The term ‘‘Director’’ means the Director
of the United States Fish and Wildlife Service
or a designee of that Director.
(7) The terms ‘‘fish’’, ‘‘wildlife’’, and ‘‘fish
and wildlife’’ mean any wild member of the
animal kingdom whether alive or dead, and regardless of whether the member was bred,
hatched, or born in captivity, including a part,
product, egg, or offspring of the member.
(8) The term ‘‘person’’ means any individual,
partnership, corporation, or association.
(9) The term ‘‘plant’’ means any member of
the plant kingdom in a wild, unconfined state,
including any plant community, seed, root, or
other part of a plant.

(10) The terms ‘‘purposes of the refuge’’ and
‘‘purposes of each refuge’’ mean the purposes
specified in or derived from the law, proclamation, executive order, agreement, public land
order, donation document, or administrative
memorandum establishing, authorizing, or expanding a refuge, refuge unit, or refuge subunit.
(11) The term ‘‘refuge’’ means a designated
area of land, water, or an interest in land or
water within the System, but does not include
Coordination Areas.
(12) The term ‘‘Secretary’’ means the Secretary of the Interior.
(13) The terms ‘‘State’’ and ‘‘United States’’
mean the several States of the United States,
Puerto Rico, American Samoa, the Virgin Islands, Guam, and the territories and possessions of the United States.
(14) The term ‘‘System’’ means the National
Wildlife Refuge System designated under section 668dd(a)(1) of this title.
(15) The terms ‘‘take’’, ‘‘taking’’, and
‘‘taken’’ mean to pursue, hunt, shoot, capture,
collect, or kill, or to attempt to pursue, hunt,
shoot, capture, collect, or kill.
(Pub. L. 89–669, § 5, Oct. 15, 1966, 80 Stat. 929; Pub.
L. 105–57, § 3(a), Oct. 9, 1997, 111 Stat. 1253.)
REFERENCES IN TEXT
This Act, referred to in text, means Pub. L. 89–669,
Oct. 15, 1966, 80 Stat. 927, as amended, which enacted
sections 668aa to 668ee, amended sections 460k, 696, 696b,
715c, 715i to 715k, 718d, and repealed sections 715d–1,
715d–2, 715l, 715m of this title. For complete classification of this Act to the Code, see Tables.
The Bankhead-Jones Farm Tenant Act, referred to in
par. (5)(B), is act July 22, 1937, ch. 517, 50 Stat. 522, as
amended. Title III of the Act is classified generally to
subchapter III (§ 1010 et seq.) of chapter 33 of Title 7,
Agriculture. For complete classification of this Act to
the Code, see Short Title note set out under section
1000 of Title 7 and Tables.
AMENDMENTS
1997—Pub. L. 105–57 inserted section catchline and
amended text generally. Prior to amendment, text read
as follows:
‘‘(a) The term ‘person’ as used in this Act means any
individual, partnership, corporation, or association.
‘‘(b) The terms ‘take’ or ‘taking’ or ‘taken’ as used in
this Act mean to pursue, hunt, shoot, capture, collect,
kill, or attempt to pursue, hunt, shoot, capture, collect, or kill.
‘‘(c) The terms ‘State’ and the ‘United States’ as used
in this Act mean the several States of the United
States, the Commonwealth of Puerto Rico, American
Samoa, the Virgin Islands, and Guam.’’

§§ 668ff to 668jj. Omitted
Sections, Pub. L. 92–330, June 30, 1972, 86 Stat. 399,
which established San Francisco Bay National Wildlife
Refuge to be administered by Secretary of the Interior
in accordance with the National Wildlife Refuge System Administration Act, have been omitted because of
the limited scope of the subject matter. The San Francisco Bay National Wildlife Refuge [now Don Edwards
San Francisco Bay National Wildlife Refuge] has been
set out in the table of National Wildlife Refuges under
section 668dd of this title.

§§ 668kk to 668ss. Omitted
Sections, Pub. L. 94–466, Oct. 8, 1976, 90 Stat. 1992,
which established Minnesota Valley National Wildlife