Act to enhance the carrying out of fish and wildlife conservation and natural resource management programs on military reservations, and for other purposes (P.L. 99-561)

PUBLIC LAW 99-561-0CT. 27, 1986 Public Law 99-561 99th Congress An Act 100 STAT. 3149 To enhance the carrying out of fish and wildlife conservation and natural resource management programs on military reservations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States ofAmerica in Congress assembled, SECTION 1. AUTHORIZATION OF ApPROPRIATIONs.-(a) Subsections (b) and (c) of section 106 of the Sikes Act (16 U.S.C. 670f (b) and (c) are each amended by striking out "and 1985," and inserting in lieu thereof "1985, 1986, 1987, and 1988,". (b) Subsections (a) and (b) of section 209 of the Sikes Act (16 U.S.C. 6700 (a) and (b) are each amended by striking out "and 1985," and inserting in lieu thereof "1985, 1986, 1987, and 1988,". SEC. 2. NATURAL RESOURCES AND FISH AND WILDLIFE MANAGEMENT ON MILITARY RESERVATIONS; REPORT ON MILITARY EXPENDI TURES FOR FISH AND WILDLIFE MANAGEMENT. (a) NATURAL RESOURCES MANAGEMENT.-The Secretary of each military department shall manage the natural resources of each military reservation within the United States that is under the jurisdiction of the Secretary (1) so as to provide for sustained multipurpose uses of those resources; and (2) to provide the public access that is necessary or appro priate for those uses; to the extent that those uses and that access are not inconsistent with the military mission of the reservation. (b) FISH AND WILDUFE MANAGEMENT SERVICES.-The Secretary of each military department shall ensure, to the extent feasible, that the services necessary for the development, implementation, and enforcement of fish and wildlife management on each military reservation within the United States under the jurisdiction of the Secretary are provided by the Department of Defense personnel who have professional training in those services. (c) FISH AND WILDUFE MANAGEMENT REPORT.-The Secretary of each military department shall submit to each House of the Con gress, before the close of the 180-day period occurring after the close of fiscal year 1986, a detailed report setting forth the amount and purpose of all expenditures made during fiscal year 1986 for fish and wildlife management on each military reservation in the United States under the jurisdiction of the Secretary. (d) DEFINITIONS.-As used in this section (1)The term "military department" means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (2)The term "United States" means the States, the District of Columbia, the Commonwealth of Puerto Rico, and the terri tories and possessions of the United States. 91-139 0 - 87 (581) Oct. 27, 1986 [S.1352] 16 USC 6700. 16 USC 670a-1. District of Columbia. Puerto Rico. 100 STAT. 3150 PUBLIC LAW 99-561-OCT. 27, 1986 State and local governments. SEC. 3. SIl~Ii;S ACT AMENDMENTS. (a) COOPERATIVE PLANS.-(l) Section 101 of the Act of Septem ber 15, 1960 (commonly referred to as the "Sikes Act"; 16 U.S.C. 670a) is amended to read as follows: "SEC. 101. (a) 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 rehabilita tion in each military reservation in accordance with a cooperative plan mutually agreed upon by the Secretary of Defense, the Sec retary of the Interior, and the appropriate State agency designated by the State in which the reservation is located. "(b) Each cooperative plan entered into under subsection (a) "(1) shall provide for "(A) fish and wildlife habitat improvements or modi fications, "(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, wild life, and plants considered threatened or endangered; "(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; "(3) shall, if a multiuse natural resources management plan is applicable to the military reservation, be treated as the exclu sive component of that management plan with respect to wild life, fish, and game conservation and rehabilitation; and "(4) 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 cooperative plan; except that "(A) the Commanding Officer of the reservation or per sons designated by that Officer 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, and "(B) the fees collected under this paragraph may not be expended with respect to other than the military reserva tion on which collected. "(c) After a cooperative plan is agreed to under subsection (a) "(1) no sale of land, or forest products from land, that is within a military reservation covered by that plan may be made under section 2665 (a) or (b) of title 10, United States Code; and "(2) no leasing of land that is within the reservation 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) With regard to the implementation and enforcement of co operative plans agreed to under subsection (a) "(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 PUBLIC LAW 99-561-0CT. 27, 1986 100 STAT. 3151 "(2) priority shall be given to the entering into of contracts for the procurement of such implementation and enforcement serv ices with Federal and State agencies having responsibility for the conservation or management of fish or wildlife. "(e) Cooperative plans agreed to under the authority of this section and section 102 shall not be deemed to be, nor treated as, cooperative agreements to which the Federal Grant and Cooperative Agreement Act of 1977(41 U.S.C. 501 et seq.) applies.". (2)Subsection (d)(1) of such section 101 (as added by paragraph (1) shall not affect any contract entered into before the date of the enactment of this Act for the provision of services to implement or enforce a cooperative plan under this Act on any military installa tion; but shall apply to the renewal, after such date of enactment, of any such contract. (b) FUNDS COLLECTED UNDER PLANs.-Subsection (a) of section 106 of the Sikes Act (16 U.S.C. 670f(a» is amended by adding at the end thereof the following new sentence: "All funds that are so collected shall remain available until expended.". SEC. 4. FOREST PRODUCTS ON MILITARY RESERVATIONS. Section 2665 of title 10, United States Code, is amended as follows: (1)Subsection (d) is amended (A) by striking out "available for operation and mainte nance during a fiscal year"; (B) by striking out "expenses" and inserting in lieu thereof "costs"· and (C) by strikin'g out "during such fiscal year". (2) Subsection (eX1) is amended by striking out "for all ex penses of production of forest products". (3)Subsection (f) is amended (A) by striking out "expenses" in the matter preceding subparagraph (A) in paragraph (1) and inserting in lieu thereof "costs", (B) by amending paragraph (1)(C) to read as follows: "(C) for natural resources management that implements approved plans and agreements.", and (C)by amending paragraphs (2) and (3) to read as follows: "(2) There shall be deposited into the reserve account the total amount received by the United States as proceeds from the sale of forest products sold under subsections (a) and (b) less "(A) reimbursements of appropriations made under subsec tion (d),and "(B) payments made to States under subsection (e). Contracts. 16 USC 670b. Contracts. 16 USC 670a note. Forests and forest products. 100 STAT. 3152 PUBLIC LAW 99-561-0CT. 27, 1986 "(3) The reserve account may not exceed $4,000,000 on December 31 of any calendar year. Unobligated balances exceeding $4,000,000 on that date shall be deposited into the United States Treasury.". Approved October 27, 1986. LEGISLATIVE HlSTORY-S. 1352 (H.R. 1202): HOUSE REPORTS: No. 99-129, Pt. 1 (Comm. on Merchant Marine and Fisheries) and Pt. 2 (Comm. on Armed Services), both accompanying H.R. 1202. CONGRESSIONAL RECORD: Vol. 131 (1985): July 29, H.R. 12Q2 considered and passed House. Vol. 132 (1986): Oct 3, S. 1352 considered and passed Senate. Oct. 14, considered and passed House.