§ 670a. — Program for conservation and rehabilitation of natural resources on military installations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC670a]
TITLE 16--CONSERVATION
CHAPTER 5C--CONSERVATION PROGRAMS ON GOVERNMENT LANDS
SUBCHAPTER I--CONSERVATION PROGRAMS ON MILITARY INSTALLATIONS
Sec. 670a. Program for conservation and rehabilitation of
natural resources on military installations
(a) Authority of Secretary of Defense
(1) Program
(A) In general
The Secretary of Defense shall carry out a program to
provide for the conservation and rehabilitation of natural
resources on military installations.
(B) Integrated natural resources management plan
To facilitate the program, the Secretary of each military
department shall prepare and implement an integrated natural
resources management plan for each military installation in the
United States under the jurisdiction of the Secretary, unless
the Secretary determines that the absence of significant natural
resources on a particular installation makes preparation of such
a plan inappropriate.
(2) Cooperative preparation
The Secretary of a military department shall prepare each
integrated natural resources management plan for which the Secretary
is responsible in cooperation with the Secretary of the Interior,
acting through the Director of the United States Fish and Wildlife
Service, and the head of each appropriate State fish and wildlife
agency for the State in which the military installation concerned is
located. Consistent with paragraph (4), the resulting plan for the
military installation shall reflect the mutual agreement of the
parties concerning conservation, protection, and management of fish
and wildlife resources.
(3) Purposes of program
Consistent with the use of military installations to ensure the
preparedness of the Armed Forces, the Secretaries of the military
departments shall carry out the program required by this subsection
to provide for--
(A) the conservation and rehabilitation of natural resources
on military installations;
(B) the sustainable multipurpose use of the resources, which
shall include hunting, fishing, trapping, and nonconsumptive
uses; and
(C) subject to safety requirements and military security,
public access to military installations to facilitate the use.
(4) Effect on other law
Nothing in this subchapter--
(A)(i) affects any provision of a Federal law governing the
conservation or protection of fish and wildlife resources; or
(ii) enlarges or diminishes the responsibility and authority
of any State for the protection and management of fish and
resident wildlife; or
(B) except as specifically provided in the other provisions
of this section and in section 670b of this title, authorizes
the Secretary of a military department to require a Federal
license or permit to hunt, fish, or trap on a military
installation.
(b) Required elements of plans
Consistent with the use of military installations to ensure the
preparedness of the Armed Forces, each integrated natural resources
management plan prepared under subsection (a) of this section--
(1) shall, to the extent appropriate and applicable, provide
for--
(A) fish and wildlife management, land management, forest
management, and fish- and wildlife-oriented recreation;
(B) fish and wildlife habitat enhancement or modifications;
(C) wetland protection, enhancement, and restoration, where
necessary for support of fish, wildlife, or plants;
(D) integration of, and consistency among, the various
activities conducted under the plan;
(E) establishment of specific natural resource management
goals and objectives and time frames for proposed action;
(F) sustainable use by the public of natural resources to
the extent that the use is not inconsistent with the needs of
fish and wildlife resources;
(G) public access to the military installation that is
necessary or appropriate for the use described in subparagraph
(F), subject to requirements necessary to ensure safety and
military security;
(H) enforcement of applicable natural resource laws
(including regulations);
(I) no net loss in the capability of military installation
lands to support the military mission of the installation; and
(J) such other activities as the Secretary of the military
department determines appropriate;
(2) must be reviewed as to operation and effect by the parties
thereto on a regular basis, but not less often than every 5 years;
and
(3) may stipulate the issuance of special State hunting and
fishing permits to individuals and require payment of nominal fees
therefor, which fees shall be utilized for the protection,
conservation, and management of fish and wildlife, including habitat
improvement and related activities in accordance with the integrated
natural resources management plan; except that--
(A) the Commanding Officer of the installation or persons
designated by that Officer are authorized to enforce such
special hunting and fishing permits and to collect, spend,
administer, and account for fees for the permits, acting as
agent or agents for the State if the integrated natural
resources management plan so provides, and
(B) the fees collected under this paragraph may not be
expended with respect to other than the military installation on
which collected, unless the military installation is
subsequently closed, in which case the fees may be transferred
to another military installation to be used for the same
purposes.
(c) Prohibitions on sale and lease of lands unless effects compatible
with plan
After an integrated natural resources management plan is agreed to
under subsection (a) of this section--
(1) no sale of land, or forest products from land, that is
within a military installation covered by that plan may be made
under section 2665(a) or (b) of title 10; and
(2) no leasing of land that is within the installation may be
made under section 2667 of such title 10;
unless the effects of that sale or leasing are compatible with the
purposes of the plan.
(d) Implementation and enforcement of plans
With regard to the implementation and enforcement of integrated
natural resources management plans agreed to under subsection (a) of
this section--
(1) neither Office of Management and Budget Circular A-76 nor
any successor circular thereto applies to the procurement of
services that are necessary for that implementation and enforcement;
and
(2) priority shall be given to the entering into of contracts
for the procurement of such implementation and enforcement services
with Federal and State agencies having responsibility for the
conservation or management of fish or wildlife.
(e) Applicability of other laws
Integrated natural resources management plans agreed to under the
authority of this section and section 670b of this title shall not be
deemed to be, nor treated as, cooperative agreements to which chapter 63
of title 31 applies.
(f) Reviews and reports
(1) Secretary of Defense
Not later than March 1 of each year, the Secretary of Defense
shall review the extent to which integrated natural resources
management plans were prepared or were in effect and implemented in
accordance with this subchapter in the preceding year, and submit a
report on the findings of the review to the committees. Each report
shall include--
(A) the number of integrated natural resources management
plans in effect in the year covered by the report, including the
date on which each plan was issued in final form or most
recently revised;
(B) the amounts expended on conservation activities
conducted pursuant to the plans in the year covered by the
report; and
(C) an assessment of the extent to which the plans comply
with this subchapter.
(2) Secretary of the Interior
Not later than March 1 of each year and in consultation with the
heads of State fish and wildlife agencies, the Secretary of the
Interior shall submit a report to the committees on the amounts
expended by the Department of the Interior and the State fish and
wildlife agencies in the year covered by the report on conservation
activities conducted pursuant to integrated natural resources
management plans.
(3) ``Committees'' defined
In this subsection, the term ``committees'' means--
(A) the Committee on Resources and the Committee on Armed
Services of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Environment and Public Works of the Senate.
(Pub. L. 86-797, title I, Sec. 101, formerly Sec. 1, Sept. 15, 1960, 74
Stat. 1052; renumbered title I, Sec. 101, and amended Pub. L. 93-452,
Secs. 1(1), 3(1), (2), Oct. 18, 1974, 88 Stat. 1369, 1375; Pub. L. 97-
396, Sec. 1, Dec. 31, 1982, 96 Stat. 2005; Pub. L. 99-561, Sec. 3(a)(1),
Oct. 27, 1986, 100 Stat. 3150; Pub. L. 105-85, div. B, title XXIX,
Secs. 2904(a)-(b)(4), (c), 2906, 2907, 2913(2)-(4), Nov. 18, 1997, 111
Stat. 2017, 2018, 2020, 2022; Pub. L. 106-65, div. A, title X,
Sec. 1067(19), Oct. 5, 1999, 113 Stat. 775.)
Amendments
1999--Subsec. (f)(3)(A). Pub. L. 106-65 substituted ``Committee on
Armed Services'' for ``Committee on National Security''.
1997--Subsec. (a). Pub. L. 105-85, Sec. 2904(a), added subsec. (a)
and struck out former subsec. (a) which read as follows: ``The Secretary
of Defense is authorized to carry out a program of planning for, and the
development, maintenance, and coordination of, wildlife, fish, and game
conservation and rehabilitation in each military reservation in
accordance with a cooperative plan mutually agreed upon by the Secretary
of Defense, the Secretary of the Interior, and the appropriate State
agency designated by the State in which the reservation is located.''
Subsec. (b). Pub. L. 105-85, Sec. 2904(c)(1), inserted heading and
substituted, in introductory provisions, ``Consistent with the use of
military installations to ensure the preparedness of the Armed Forces,
each integrated natural resources management plan prepared under
subsection (a) of this section--'' for ``Each cooperative plan entered
into under subsection (a) of this section--''.
Subsec. (b)(1). Pub. L. 105-85, Sec. 2904(c)(1), added par. (1) and
struck out former par. (1) which read as follows: ``shall provide for--
``(A) fish and wildlife habitat improvements or modifications,
``(B) range rehabilitation where necessary for support of
wildlife,
``(C) control of off-road vehicle traffic, and
``(D) specific habitat improvement projects and related
activities and adequate protection for species of fish, wildlife,
and plants considered threatened or endangered;''.
Subsec. (b)(2). Pub. L. 105-85, Sec. 2904(c)(2), inserted ``and'' at
end.
Subsec. (b)(3). Pub. L. 105-85, Sec. 2904(c)(3), (4), redesignated
par. (4) as (3) and struck out former par. (3) which read as follows:
``shall, if a multiuse natural resources management plan is applicable
to the military reservation, be treated as the exclusive component of
that management plan with respect to wildlife, fish, and game
conservation and rehabilitation; and''.
Subsec. (b)(3)(A). Pub. L. 105-85, Sec. 2913(2)(A), substituted
``the installation'' for ``the reservation''.
Pub. L. 105-85, Sec. 2904(c)(5), substituted ``collect, spend,
administer, and account for fees for the permits,'' for ``collect the
fees therefor,''.
Subsec. (b)(3)(B). Pub. L. 105-85, Sec. 2912(2)(B), substituted
``the military installation on'' for ``the military reservation on''.
Pub. L. 105-85, Sec. 2906, inserted before period at end ``, unless
the military installation is subsequently closed, in which case the fees
may be transferred to another military installation to be used for the
same purposes''.
Subsec. (b)(4). Pub. L. 105-85, Sec. 2904(c)(4), redesignated par.
(4) as (3).
Pub. L. 105-85, Sec. 2904(b)(1), substituted ``integrated natural
resources management plan'' for ``cooperative plan'' in introductory
provisions and in subpar. (A).
Subsec. (c). Pub. L. 105-85, Sec. 2904(b)(2), substituted ``an
integrated natural resources management plan'' for ``a cooperative
plan'' in introductory provisions.
Subsec. (c)(1). Pub. L. 105-85, Sec. 2913(3)(A), substituted ``a
military installation'' for ``a military reservation''.
Subsec. (c)(2). Pub. L. 105-85, Sec. 2913(3)(B), substituted ``the
installation'' for ``the reservation''.
Subsec. (d). Pub. L. 105-85, Sec. 2904(b)(3), substituted
``integrated natural resources management plans'' for ``cooperative
plans'' in introductory provisions.
Subsec. (e). Pub. L. 105-85, Sec. 2913(4), substituted ``chapter 63
of title 31'' for ``the Federal Grant and Cooperative Agreement Act of
1977 (41 U.S.C. 501 et seq.)''.
Pub. L. 105-85, Sec. 2904(b)(4), substituted ``Integrated natural
resources management plans'' for ``Cooperative plans''.
Subsec. (f). Pub. L. 105-85, Sec. 2907, added subsec. (f).
1986--Pub. L. 99-561 amended section generally. Prior to amendment,
section read as follows: ``The Secretary of Defense is hereby authorized
to carry out a program of planning, development, maintenance and
coordination of wildlife, fish and game conservation and rehabilitation
in military reservations in accordance with a cooperative plan mutually
agreed upon by the Secretary of Defense, the Secretary of Interior and
the appropriate State agency designated by the State in which the
reservation is located. Such cooperative plan shall provide for (1) fish
and wildlife habitat improvements or modifications, (2) range
rehabilitation where necessary for support of wildlife, (3) control of
off-road vehicle traffic, and (4) specific habitat improvement projects
and related activities and adequate protection for species of fish,
wildlife, and plants considered threatened or endangered. Such
cooperative plan may stipulate the issuance of special State hunting and
fishing permits to individuals and require this payment of a nominal fee
therefor, which fees shall be utilized for the protection, conservation
and management of fish and wildlife, including habitat improvement and
related activities in accordance with the cooperative plan: Provided,
That the Commanding Officer of the reservation or persons designated by
him are authorized to enforce such special hunting and fishing permits
and to collect the fees therefor, acting as agent or agents for the
State if the cooperative plan so provides. Cooperative plans agreed to
under the authority of this section and section 670b of this title shall
not be deemed to be, nor treated as, cooperative agreements to which
chapter 63 of title 31 applies.''
1982--Pub. L. 97-396, Sec. 1(1), added cl. (4).
Pub. L. 97-396, Sec. 1(2), inserted provision that cooperative plans
agreed to under the authority of this section and section 670b of this
title shall not be deemed to be, nor treated as, cooperative agreements
to which chapter 63 of title 31 applies.
1974--Pub. L. 93-452, Secs. 1(1), 3(2), inserted provisions
requiring the cooperative plan to provide for fish and wildlife habitat
improvements, range rehabilitation, and off-road vehicle traffic
control.
Review for Preparation of Integrated Natural Resources Management Plans
Section 2905 of title XXIX of Pub. L. 105-85 provided that:
``(a) Definitions.--In this section, the terms `military
installation' and `United States' have the meanings provided in section
100 of the Sikes Act [16 U.S.C. 670] (as added by section 2911).
``(b) Review of Military Installations.--
``(1) Review.--Not later than 270 days after the date of
enactment of this Act [Nov. 18, 1997], the Secretary of each
military department shall--
``(A) review each military installation in the United States
that is under the jurisdiction of that Secretary to determine
the military installations for which the preparation of an
integrated natural resources management plan under section 101
of the Sikes Act [16 U.S.C. 670a] (as amended by this title) is
appropriate; and
``(B) submit to the Secretary of Defense a report on the
determinations.
``(2) Report to congress.--Not later than one year after the
date of enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the reviews conducted under paragraph (1).
The report shall include--
``(A) a list of the military installations reviewed under
paragraph (1) for which the Secretary of the appropriate
military department determines that the preparation of an
integrated natural resources management plan is not appropriate;
and
``(B) for each of the military installations listed under
subparagraph (A), an explanation of each reason such a plan is
not appropriate.
``(c) Deadline for Integrated Natural Resources Management Plans.--
Not later than three years after the date of the submission of the
report required under subsection (b)(2), the Secretary of each military
department shall, for each military installation with respect to which
the Secretary has not determined under subsection (b)(2)(A) that
preparation of an integrated natural resources management plan is not
appropriate--
``(1) prepare and begin implementing such a plan in accordance
with section 101(a) of the Sikes Act [16 U.S.C. 670a(a)] (as amended
by this title); or
``(2) in the case of a military installation for which there is
in effect a cooperative plan under section 101(a) of the Sikes Act
on the day before the date of enactment of this Act [Nov. 18, 1997],
complete negotiations with the Secretary of the Interior and the
heads of the appropriate State agencies regarding changes to the
plan that are necessary for the plan to constitute an integrated
natural resources management plan that complies with that section,
as amended by this title.
``(d) Public Comment.--The Secretary of each military department
shall provide an opportunity for the submission of public comments on--
``(1) integrated natural resources management plans proposed
under subsection (c)(1); and
``(2) changes to cooperative plans proposed under subsection
(c)(2).''
Applicability of 1986 Amendments to Existing Contracts
Section 3(a)(2) of Pub. L. 99-561 provided that: ``Subsection (d)(1)
of such section 101 (as added by paragraph (1) [16 U.S.C. 670a(d)(1)])
shall not affect any contract entered into before the date of the
enactment of this Act [October 27, 1986] for the provision of services
to implement or enforce a cooperative plan under this Act [enacting
section 670a-1 of this title and amending this section and sections 670f
and 670o of this title and section 2665 of Title 10, Armed Forces] on
any military installation; but shall apply to the renewal, after such
date of enactment, of any such contract.''
Section Referred to in Other Sections
This section is referred to in section 670f of this title.
