
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
