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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2012 · Sec. 312

Sec. 312. IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR THE NATIONAL DEFENSE

1,678 words·~8 min read·/statute-compilations/comps-10045/sec-312

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 312 IMPROVED SIKES ACT COVERAGE OF STATE-OWNED FACILITIES USED FOR THE NATIONAL DEFENSE ###
(a)Improvements to Act The Sikes Act (16 U.S.C. 670 et seq.) is amended as follows: ####
(1)Definitions Section 100 (16 U.S.C. 670) is amended— #####
(A)by redesignating paragraphs
(2)and
(3)as paragraphs
(4)and (5), respectively; and #####
(B)by inserting after paragraph
(1)the following new paragraphs: > > #### “(2) State > > The term ‘State’ means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands. > > > #### “(3) State-owned national guard installation > > The term ‘State-owned National Guard installation’ means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32, United States Code, with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.” > . ####
(2)Funding of integrated natural resources management plans Section 101 (16 U.S.C. 670a) is amended— #####
(A)in subsection (a)(1)(B)— ######
(i)by inserting “(i)” before “To facilitate”; and ######
(ii)by adding at the end the following new clause: > > ###### “(ii) > > The Secretary of a military department may, subject to the availability of appropriations, develop and implement an integrated natural resources management plan for a State-owned National Guard installation. Such a plan shall be developed and implemented in coordination with the chief executive officer of the State in which the State-owned National Guard installation is located. Such a plan is deemed, for purposes of any other provision of law, to be for lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use.” > ; #####
(B)in subsection (a)(2), by inserting “or State-owned National Guard installation” after “military installation” both places it appears; #####
(C)in subsection (a)(3)— ######
(i)by redesignating subparagraphs (A), (B), and
(C)as clauses (i), (ii), and (iii), respectively; ######
(ii)by inserting “(A)” before “Consistent”; ######
(iii)in subparagraph (A), as designated by clause
(ii)of this subparagraph, by inserting “and State-owned National Guard installations” after “military installations” the first place it appears; ######
(iv)in clause
(i)of subparagraph (A), as redesignated by clause
(i)of this subparagraph, by striking “military installations” and inserting “such installations”; ######
(v)in clause
(ii)of subparagraph (A), as redesignated by clause
(i)of this subparagraph, by inserting “on such installations” after “resources”; and ######
(vi)by adding at the end the following subparagraph: > > ##### “(B) > > In the case of a State-owned National Guard installation, such program shall be carried out in coordination with the chief executive officer of the State in which the installation is located.” > ; #####
(D)in subsection (b), by inserting “and State-owned National Guard installations” after “military installations” the first place it appears; #####
(E)in subparagraphs
(G)and
(I)of subsection (b)(1), by striking “military installation” each place it appears and inserting “installation”; and #####
(F)in subsection (b)(3), by inserting “, in the case of a military installation,” after “(3) may”. ####
(3)Cooperative agreements Section 103a(a) (16 U.S.C. 670c-1(a)) is amended— #####
(A)in paragraph (1), by striking “Department of Defense installations” and inserting “military installations and State-owned National Guard installations”; and #####
(B)in paragraph (2), by striking “Department of Defense installation” and inserting “military installation or State-owned National Guard installation”. ###
(b)Section and Subsection Headings Such Act is further amended as follows: ####
(1)Section 101 (16 U.S.C. 670a) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 101 COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION” > ; #####
(B)by striking “sec. 101.”; #####
(C)in subsection (c), by inserting “Prohibitions on Sale and Lease of Lands Unless Effects Compatible With Plan.—” after “(c)”; #####
(D)in subsection (d), by inserting “Implementation and Enforcement of Integrated Natural Resources Management Plans.—” after “(d)”; #####
(E)in subsection (e)— ######
(i)by inserting “Applicability of Other Laws.—” after “(e)”; and ######
(ii)by inserting a comma after “Code”. ####
(2)Section 102 (16 U.S.C. 670b) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 102 MIGRATORY GAME BIRDS; HUNTING PERMITS” > ; #####
(B)by striking “sec. 102.” and inserting “(a) Integrated Natural Resources Management Plan.—”; and #####
(C)by striking “ agency: ” and all that follows through “ possession ” and inserting > “agency. > > > ### “(b) Applicability of Other Laws > > Possession” > . ####
(3)Section 103a (16 U.S.C. 670c-1) is further amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 103A COOPERATIVE AND INTERAGENCY AGREEMENTS FOR LAND MANAGEMENT ON INSTALLATIONS” > ; #####
(B)by striking “sec. 103a.”; #####
(C)in subsection (a), by inserting “Authority of Secretary of Military Department.—” after “(a)”; and #####
(D)in subsection (c), by inserting “Availability of Funds; Agreements Under Other Laws.—” after “(c)”. ####
(4)Section 104 (16 U.S.C. 670d) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 104 LIABILITY FOR FUNDS; ACCOUNTING TO COMPTROLLER GENERAL” > ; and #####
(B)by striking “sec. 104.”. ####
(5)Section 105 (16 U.S.C. 670e) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 105 APPLICABILITY TO OTHER LAWS; NATIONAL FOREST LANDS” > ; and #####
(B)by striking “sec. 105.”. ####
(6)Section 108 (16 U.S.C. 670f) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 108 APPROPRIATIONS AND EXPENDITURES” > ; #####
(B)by striking “sec. 108.”; #####
(C)in subsection (a), by inserting “Expenditures of Collected Funds Under Integrated Natural Resources Management Plans.—” after “(a)”; #####
(D)in subsection (b), by inserting “Authorization of Appropriations to Secretary of Defense.—” after “(b)”; #####
(E)in subsection (c), by inserting “Authorization of Appropriations to Secretary of the Interior.—” after “(c)”; and #####
(F)in subsection (d), by inserting “Use of Other Conservation or Rehabilitation Authorities.—” after “(d)”. ####
(7)Section 201 (16 U.S.C. 670g) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 201 WILDLIFE, FISH, AND GAME CONSERVATION AND REHABILITATION PROGRAMS” > ; #####
(B)by striking “sec. 201.”; #####
(C)in subsection (a), by inserting “Programs Required.—” after “(a)”; and #####
(D)in subsection (b), by inserting “Implementation of Programs.—” after “(b)”. ####
(8)Section 202 (16 U.S.C. 670h) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 202 COMPREHENSIVE PLANS FOR CONSERVATION AND REHABILITATION PROGRAMS” > ; #####
(B)by striking “sec. 202.”; #####
(C)in subsection (a), by inserting “Development of Plans.—” after “(a)”; #####
(D)in subsection (b), by inserting “Consistency With Overall Land Use and Management Plans; Hunting, Trapping, and Fishing.—” after “(b)”; #####
(E)in subsection (c), by inserting “Cooperative Agreements by State Agencies for Implementation of Programs.—” after “(c)”; and #####
(F)in subsection (d), by inserting “State Agency Agreements Not Cooperative Agreements Under Other Provisions.—” after “(d)”. ####
(9)Section 203 (16 U.S.C. 670i) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 203 PUBLIC LAND MANAGEMENT AREA STAMPS FOR HUNTING, TRAPPING, AND FISHING ON PUBLIC LANDS SUBJECT TO PROGRAMS” > ; #####
(B)by striking “sec. 203.”; #####
(C)in subsection (a), by inserting “Agreements to Require Stamps.—” after “(a)”; and #####
(D)in subsection (b)— ######
(i)by inserting “Conditions for Agreements.—” after “(b)”; and ######
(ii)by moving paragraph
(3)2 ems to the right, so that the left-hand margin aligns with that of paragraph (2). ####
(10)Section 204 (16 U.S.C. 670j) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 204 ENFORCEMENT PROVISIONS” > ; #####
(B)by striking “sec. 204.”; #####
(C)in subsection (a), by inserting “Violations and Penalties.—” after “(a)”; #####
(D)in subsection (b), by inserting “Enforcement Powers and Proceedings.—” after “(b)”; and #####
(E)in subsection (c), by inserting “Seizure and Forfeiture.—” after “(c)”; and #####
(F)in subsection (d), by inserting “Applicability of Customs Laws.—” after “(d)”. ####
(11)Section 205 (16 U.S.C. 670k) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 205 DEFINITIONS” > ; and #####
(B)by striking “sec. 205.”. ####
(12)Section 206 (16 U.S.C. 670l) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 206 STAMP REQUIREMENTS NOT APPLICABLE TO FOREST SERVICE AND BUREAU OF LAND MANAGEMENT LANDS; AUTHORIZED FEES” > ; and #####
(B)by striking “sec. 206.”. ####
(13)Section 207 (16 U.S.C. 670m) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 207 INDIAN RIGHTS; STATE OR FEDERAL JURISDICTION REGULATING INDIAN RIGHTS” > ; and #####
(B)by striking “sec. 207.”. ####
(14)Section 209 (16 U.S.C. 670o) is amended— #####
(A)by inserting at the beginning the following: > > ## “SEC. 209 AUTHORIZATION OF APPROPRIATIONS” > ; #####
(B)by striking “sec. 209.”; #####
(C)in subsection (a), by inserting “Functions and Responsibilities of Secretary of the Interior.—” after “(a)”; #####
(D)in subsection (b), by inserting “Functions and Responsibilities of Secretary of Agriculture.—” after “(b)”; #####
(E)in subsection (c), by inserting “Use of Other Conservation or Rehabilitation Authorities.—” after “(c)”; and #####
(F)in subsection (d), by inserting “Contract Authority.—” after “(d)”. ###
(c)Codification of Change of Name Section 204(b) of such Act (16 U.S.C. 670j) is amended by striking “magistrate” both places it appears and inserting “magistrate judge”. ###
(d)Repeal of Obsolete Section **[**[16 U.S.C. 670n](/us/usc/t16/s670n)**]** Section 208 of such Act is repealed, and section 209 of such Act (16 U.S.C. 670o) is redesignated as section 208.
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