Sec. 304. administration of refuges
1,311 words·~6 min read·
/statute-compilations/comps-209/sec-304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 304 administration of refuges ###
(a)Each refuge shall be administered by the Secretary to valid existing rights, in accordance with the laws governing the administration of units of the National Wildlife Refuge System, and this Act. ###
(b)In applying section 4(d) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) with respect to each refuge, the Secretary may not permit any use, or grant easements for any purpose described in such selection 4(d) unless such use (including but not limited to any oil and gas leasing permitted under paragraph (2)) or purpose is compatible with the purposes of the refuge. The Secretary shall prescribe such regulations and impose such terms and conditions as may be necessary and appropriate to ensure that activities carried out under any use or easement granted under any authority are so compatible. ###
(c)All public lands (including whatever submerged lands, if any, beneath navigable waters of the United States (as that term is defined in section 1301(a) of title 43, United States Code) were retained in Federal ownership at the time of statehood) in each National Wildlife Refuge and any other National Wildlife Refuge System unit in Alaska are hereby withdrawn, subject to valid existing rights, from future selections by the State of Alaska and Native Corporations, from all forms of appropriation or disposal under the public land laws, including location, entry and patent under the mining laws but not from operation of mineral leasing laws. ###
(d)The Secretary shall permit within units of the National Wildlife Refuge System designated, established, or enlarged by this Act, the exercise of valid commercial fishing rights or privileges obtained pursuant to existing law and the use of Federal lands, subject to reasonable regulation, for campsites, cabins, motorized vehicles, and aircraft landings directly incident to the exercise of such rights or privileges: *Provided,* That nothing in this section shall require the Secretary to permit the exercise of rights or privileges or uses of the Federal lands directly incident to such exercise, which he determines, after conducting a public hearing in the affected locality, to be inconsistent with the purposes of a unit of the National Wildlife Refuge System as described in this section and to be a significant expansion of commercial fishing activities within such unit beyond the level of such activities during 1979. ###
(e)Where compatible with the purposes of the refuge unit, the Secretary may permit, subject to reasonable regulations and in accord with sound fisheries management principles, scientifically acceptable means of maintaining, enhancing, and rehabilitating fish stock. ###
(f)####
(1)The Secretary is authorized to enter into cooperative management agreements with any Native Corporation, the State, any political subdivision of the State, or any other person owning or occupying land which is located within, or adjacent or near to, any national wildlife refuge. Each cooperative management agreement (hereinafter in this section referred to as an “agreement”) shall provide that the land subject to the agreement shall be managed by the owner or occupant in a manner compatible with the major purposes of the refuge to which such land pertains including the opportunity for continuation of subsistence uses by local rural residents. ####
(2)Each agreement shall— #####
(A)set forth such uses of the land subject to the agreement which are compatible with the management goals set forth in subsection (f)(1); #####
(B)permit the Secretary reasonable access to such land for purposes relating to the administration of the refuge and to carry out the obligations of the Secretary under the agreement; #####
(C)permit reasonable access to such land by officers of the State for purposes of conserving fish and wildlife; #####
(D)set forth those services or other consideration which the Secretary agrees to provide the owner or occupant in return for the owner or occupant entering into the agreement, which services may include technical and other assistance with respect to fire control, trespass control, law enforcement, resource and land use planning, the conserving of fish and wildlife and the protection, maintenance and enhancement of any special values of the land subject to the agreement; #####
(E)set forth such additional terms and conditions as the Secretary and the owner or occupant may agree to as being necessary and appropriate to carry out the management goals as set forth in subsection (f)(1); and ###
(g)####
(1)The Secretary shall prepare, and from time to time, revise, a comprehensive conservation plan (hereinafter in this subsection referred to as the “plan”) for each refuge. ####
(2)Before developing a plan for each refuge, the Secretary shall identify and describe— #####
(A)the populations and habitats of the fish and wildlife resources of the refuge; #####
(B)the special values of the refuge, as well as any other archeological, cultural, ecological, geological, historical, paleontological, scenic, or wilderness value of the refuge; #####
(C)areas within the refuge that are suitable for use as administrative sites or visitor facilities, or for visitor services, as provided for in sections 1305 and 1306 of this Act; #####
(D)present and potential requirements for access with respect to the refuge, as provided for in title XI; and #####
(E)significant problems which may adversely affect the populations and habitats of fish and wildlife identified and described under subparagraph (A). ####
(3)Each plan shall— #####
(A)be based upon the identifications and the descriptions required to be made under paragraph (2)— ######
(i)designate areas within the refuge according to their respective resources and values; ######
(ii)specify the programs for conserving fish and wildlife and the programs relating to maintaining the values referred to in paragraph (2)(B), proposed to be implemented within each such area; and ######
(iii)specify the uses within each such area which may be compatible with the major purposes of the refuge; and #####
(B)set forth those opportunities which will be provided within the refuge for fish and wildlife-oriented recreation, ecological research, environmental education and interpretation of refuge resources and values, if such recreation, research, education, and interpretation is compatible with the purposes of the refuge. ####
(4)In preparing each plan and revisions thereto, the Secretary shall consult with the appropriate State agencies and Native Corporations, and shall hold public hearings in such locations in the State as may be appropriate to insure that residents of local villages and political subdivisions of the State which will be primarily affected by the administration of the refuge concerned have opportunity to present their views with respect to the plan or revisions. ####
(5)Before adopting a plan for any refuge, the Secretary shall issue public notice of the proposed plan in the Federal Register, make copies of the plan available at each regional office of the United States Fish and Wildlife Service and provide opportunity for public views and comment on the plan. ####
(6)With respect to refuges established, redesignated, or expanded by section 302 or 303 the Secretary shall prepare plans for— #####
(A)not less than five refuges within three years after the date of the enactment of this Act; #####
(B)not less than ten refuges within five years after such date; #####
(C)all refuges within seven years after such date. With respect to any refuge established in the State after the date of the enactment of this Act, the Secretary shall prepare a plan for the refuge within two years after the date of its establishment; and #####
(D)in the case of any refuge established, redesignated, or expanded by this title with respect to which a wilderness review is required under this Act, at the same time the President submits his recommendation concerning such unit under such section to the Congress, the Secretary shall submit to the appropriate committees of the Congress the conservation plan for that unit.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 304
administration of refuges
Cites 1Cited by 0 across 0 sources