For the purpose of consolidating the authorities relating to the various categories of areas that are administered by the “System”), which shall be subject to the provisions of this section, and shall be administered by theUnited States Fish and Wildlife Service . With respect toUnited States Fish and Wildlife Service , as long as such agency agrees to exercise such responsibility.
The mission of the (3) With respect to the (A) compatible refuges, and which generally fosters refuge fish and wildlife; compatible wildlife-dependent recreational uses are the priority general public uses of the (D) provide for the plants, and their habitats within the (B) ensure that the biological integrity, diversity, and environmental health of the (C) plan and direct the continued growth of the (D)ensure that the mission of the purposes of each refuge are carried out, except that if a conflict exists between the purposes of a purposes of the refuge, and, to the extent practicable, that also achieves the mission of the (E)
ensure effective coordination, interaction, and cooperation with owners of land adjoining refuges and the (F)
assist in the maintenance of adequate water quantity and water quality to fulfill the mission of the purposes of each refuge;
acquire, under (H)recognize compatible wildlife-dependent recreational uses as the priority general public uses of the fish and wildlife;
ensure that opportunities are provided within the wildlife-dependent recreational uses; ensure that priority general public uses of the (K) provide increased opportunities for families to experience compatible (L)continue, consistent with existing laws and interagency agreements, authorized or permitted uses of units of the (M)
ensure timely and effective cooperation and collaboration with Federal agencies and (N) monitor the status and trends of fish, refuge. (5) No acquired lands which are or become a part of the (A) the acquisition costs of such lands, in the case of lands of the (ii) designated as an area within such (B)so included by public land withdrawal, donation, purchase, exchange, or pursuant to a cooperative agreement with any shall continue to be a part of the Congress , except that nothing in this paragraph shall be construed as precluding—
the transfer or disposal of acquired lands within any such area pursuant to paragraph (5) of this subsection;
the exchange of lands within any such area pursuant to subsection (b)(3) of this section; orthe disposal of any lands within any such area pursuant to the terms of any cooperative agreement referred to in subparagraph (B) of this paragraph.
(b) Administration; public accommodations contracts; acceptance and use of funds; exchange of properties; cash equalization payments In administering the (1)
Enter into contracts with any (2) Accept donations of funds and to use such funds to acquire or manage lands or interests therein.Acquire lands or interests therein by exchange (A) for acquired lands or public lands, or for interests in acquired or public lands, under his jurisdiction which he finds to be suitable for disposition, or (B) for the right to remove, in accordance with such terms and conditions as he may prescribe, products from the acquired or public lands within the (4)
Subject to standards established by and the overall Director, and consistent with standards established by this Act, to enter into cooperative agreements with refuge.
Issue regulations to carry out this Act.(c) Prohibited and permitted activities; application of mining and mineral leasing laws, hunting or fishing regulations, and State laws or regulations
No persons authorized to manage such area, or unless such activities are permitted either under subsection (d) of this section or by express provision of the law, proclamation, Executive order, or public land order establishing the area, or amendment thereof: Provided, That the October 15, 1966 , unless subsequently withdrawn under other authority of law. With the exception of endangered species and threatened species listed by thesection 1533 of this title insection 1535(c) of this title, nothing in this Act shall be construed to authorize the system. The regulations permitting hunting and fishing of resident (d) Use of areas; administration of migratory bird sanctuaries as game taking areas; rights of way, easements, and reservations; payment of fair market value
permit the use of any area within the (B)permit the use of, or grant easements in, over, across, upon, through, or under any areas within the (2)
Except as provided in clause (iv), the compatible use and that the use is not inconsistent with public safety. The (ii)
On lands added to the March 25, 1996 , the refuge.Compatibility determinations in existence on October 9, 1997 , shall remain in effect until and unless modified.
(B) Not later than 24 months after October 9, 1997 , the compatible use. These regulations shall— designate the (ii) require an estimate of the timeframe, location, manner, and purpose of each use; identify the effects of each use on purposes of each refuge; require that compatibility determinations be made in writing;provide for the expedited consideration of uses that will likely have no detrimental effect on the fulfillment of the purposes of a (vi)
provide for the elimination or modification of any use as expeditiously as practicable after a determination is made that the use is not a compatible use;
require, after an opportunity for public comment, reevaluation of each existing use, other than those uses specified in clause (viii), if conditions under which the use is permitted change significantly or if there is significant new information regarding the effects of the use, but not less frequently than once every 10 years, to ensure that the use remains a compatible use, except that, in the case of any use authorized for a period longer than 10 years (such as an electric utility right-of-way), the reevaluation required by this clause shall examine compliance with the terms and conditions of the authorization, not examine the authorization itself;
require, after an opportunity for public comment, reevaluation of each compatible wildlife-dependent recreational use when conditions under which the use is permitted change significantly or if there is significant new information regarding the effects of the use, but not less frequently than in conjunction with each preparation or revision of a (ix)
provide an opportunity for public review and comment on each evaluation of a use, unless an opportunity for public review and comment on the evaluation of the use has already been provided during the development or revision of a wildlife-dependent recreational uses.
(4) The provisions of this Act relating to determinations of the compatibility of a use shall not apply to—
overflights above a (B)activities authorized, funded, or conducted by a Federal agency (other than the United States Fish and Wildlife Service ) which has primary jurisdiction over a refuge.
(e) Refuge conservation planning program for non-Alaskan refuge lands propose a comprehensive (ii) publish a notice of opportunity for public comment in the Federal Register on each proposed (iii) issue a final (iv) not less frequently than 15 years after the date of issuance of a (B) Uses or activities consistent with this Act may occur on any (E)Upon completion of a comprehensive manage the (2) In developing each comprehensive Director, shall identify and describe—
the purposes of each refuge comprising the planning unit; the distribution, migration patterns, and abundance of fish, (C) the archaeological and cultural values of the planning unit;such areas within the planning unit that are suitable for use as administrative sites or visitor facilities;
significant problems that may adversely affect the populations and habitats of fish, (F) opportunities for compatible wildlife-dependent recreational uses.(3) In preparing each comprehensive Director, shall, to the maximum extent practicable and consistent with this Act—
consult with adjoining Federal, (B) coordinate the development of the (4)In accordance with subparagraph (B), the States, owners of adjacent or potentially affected land, local governments, and any other affected persons, and a statement of the disposition of concerns expressed in those comments.
(f) Penalties (1) Knowing violations (i) National conservation recreational area provisions; amendment, repeal, or modificationNothing in this section shall be construed to amend, repeal, or otherwise modify the provision of the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460k—460k–4) which authorizes the (j) Exemption from State water laws
Nothing in this Act shall constitute an express or implied claim or denial on the part of the Federal Government as to exemption from (k) Emergency power
Nothing in this Act shall be construed to authorize the (m) State authority
Nothing in this Act shall be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate (n) Water rights
(1) Nothing in this Act shall— create a reserved water right, express or implied, in the (B) affect any water right in existence on October 9, 1997 ; or affect any Federal or October 9, 1997 , regarding water quality or water quantity. Nothing in this Act shall diminish or affect the ability to join the section 666 of title 43. (o) Coordination with State agencies Editorial Notes References in TextThis Act, referred to in text, means Pub. L. 89–669, Oct. 15, 1966 , 80 Stat. 927, which enacted sections 668aa to 668ee, amended sections 460k, 696, 696b, 715c, 715i to 715k, 718d, and repealed sections 715d–1, 715d–2, 715l, 715m of this title. For complete classification of this Act to the Code, see Tables.
The Migratory Bird Conservation Act, referred to in subsec. (d)(2), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§ 715 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 715 of this title and Tables.
The Migratory Bird Hunting Stamp Act, referred to in subsec. (d)(2), subsequently renamed the Migratory Bird Hunting and Conservation Stamp Act, is act Mar. 16, 1934, ch. 71, 48 Stat. 451, which is classified generally to subchapter IV (§ 718 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 718 of this title and Tables.
The Refuge Recreation Act and the Act of September 28, 1962 , referred to in subsecs. (d)(3)(A)(iii) and (i), is Pub. L. 87–714, Sept. 28, 1962 , 76 Stat. 653, which is classified generally to subchapter LXVIII (§ 460k et seq.) of chapter 1 of this title.
The Alaska National Interest Lands Conservation Act, referred to in subsec. (e)(1)(A), is Pub. L. 96–487, Dec. 2, 1980 , 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
Amendments1998—Subsec. (c). Pub. L. 105–312, § 206(1), struck out “knowingly” after “NoPub. L. 105–312, § 206(2), inserted subsec. heading, par. (1) designation and heading, and “knowingly” after “AnyPub. L. 105–57, § 3(b), substituted Pub. L. 105–57, § 4(1), (3), added par. (2) and redesignated former par. (2) as (5).
Subsec. (a)(2)(A). Pub. L. 105–57, § 3(b), substituted Pub. L. 105–57, §§ 4(1), 5(a), added par. (3) and redesignated former par. (3) as (6).
Subsec. (a)(5). Pub. L. 105–57, § 4(1), redesignated par. (2) as (5).
Subsec. (a)(6). Pub. L. 105–57, § 4(1), redesignated par. (3) as (6).
Subsec. (a)(6)(i). Pub. L. 105–57, § 4(2), substituted “paragraph (5)” for “paragraph (2)”.
Subsec. (b). Pub. L. 105–57, § 5(b)(1), substituted “authorized toPub. L. 105–57, § 5(b)(2), substituted “Enter” for “to enter”.
Subsec. (b)(2). Pub. L. 105–57, § 5(b)(3), substituted “Accept” for “to accept” and substituted a period for “, and” at end.
Subsec. (b)(3). Pub. L. 105–57, § 5(b)(4), substituted “Acquire” for “to acquire”.
Subsec. (c). Pub. L. 105–57, § 8(b), struck out at end “The provisions of this Act shall not be construed as affecting the authority, jurisdiction, or responsibility of the severalPub. L. 105–57, § 3(b), substituted Pub. L. 105–57, § 6, added pars. (3) and (4).
Subsec. (e). Pub. L. 105–57, § 7(a), added subsec. (e) and redesignated former subsec. (e) as (f).
Subsec. (f). Pub. L. 105–57, § 7(a)(1), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Pub. L. 105–57, § 3(b), substituted Pub. L. 105–57, § 7(a)(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 105–57, § 7(a)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Pub. L. 105–57, § 3(b), substituted Pub. L. 105–57, § 7(a)(1), redesignated subsecs. (h) and (i) as (i) and (j), respectively.
Subsecs. (k) to (o). Pub. L. 105–57, § 8(a), added subsecs. (k) to (o).
1988—Subsec. (e). Pub. L. 100–653 substituted “thereunder shall be fined under title 18 or imprisoned for not more than 1 year, or both” for “thereunder shall be fined not more than $500 or be imprisoned not more than six months, or both”.
1973—Subsec. (c). Pub. L. 93–205 inserted “With the exception of endangered species and threatened species listed by thesection 1533 of this title insection 1535(c) of this title” before “nothing in this Act shall be construed” and struck out “, including endangered species thereof,” before “on lands not within thePub. L. 90–404 inserted provisions that no acquired lands which are or become a part of the National Statutory Notes and Related Subsidiaries
Effective Date of 1974 Amendment Effective Date of 1973 AmendmentAmendment by Pub. L. 93–205 effective Dec. 28, 1973 , see section 16 of Pub. L. 93–205, set out as an Effective Date note under section 1531 of this title.
Effective Date of 1968 Amendment“The amendments made by the first section of this Act [amending subsec. (a) of this section] shall apply only with respect to transfers and disposals of land initiated and completed after the date of their enactment [ July 18, 1968 ].”
Short Title of 2022 Amendment “This Act [amending provisions listed in a table of National Short Title of 2015 Amendment“This Act [enacting provisions listed in a table of National Memorials set out under section 320301 of Title 54, National Park Service and Related Programs, and amending provisions listed in a table of National Short Title of 1998 Amendment
“This title [amending this section, sections 721 and 722 of this title, and section 564w–1 of Title 25, Indians, enacting provisions set out as a note under section 722 of this title, and amending provisions listed in a table of NationalNational Wildlife Refuge System Improvement Act of 1998’.”
Short Title of 1997 Amendment“This Act [amending this section and section 668ee of this title and enacting provisions set out as notes under this section] may be cited as the ‘National Wildlife Refuge System Improvement Act of 1997’.”
Short Title of 1974 Amendment“That this Act [amending this section and section 715s of this title, and enacting provisions set out as notes under this section] may be cited as the ‘National Short Title
“The provisions of sections 4 and 5 of the Act of October 15, 1966 (80 Stat. 929; 16 U.S.C. 668dd–668ee), as amended, shall hereinafter be cited as the ‘National Wildlife Refuge System Administration Act of 1966’.”