NWRS Improvement Act (16 USC 668dd et seq )

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

16 U.S.C.
United States Code, 2020 Edition
Title 16 - CONSERVATION
CHAPTER 5A - PROTECTION AND CONSERVATION OF WILDLIFE
SUBCHAPTER III - ENDANGERED SPECIES OF FISH AND WILDLIFE
From the U.S. Government Publishing Office, www.gpo.gov

SUBCHAPTER III—ENDANGERED SPECIES OF FISH AND
WILDLIFE
§§668aa to 668cc–6. Repealed. Pub. L. 93–205, §14, Dec. 28,
1973, 87 Stat. 903
The provisions of sections 668aa to 668cc–6, which, pursuant to section 12(d) of Pub. L. 91–135, Dec. 5,
1969, 83 Stat. 283, were known as the "Endangered Species Conservation Act of 1969", are covered by
section 1531 et seq. of this title.
Section 668aa, Pub. L. 89–669, §1, Oct. 15, 1966, 80 Stat. 926; Pub. L. 91–135, §12(a), (e), Dec. 5, 1969,
83 Stat. 282, 283, set out the Congressional findings, declaration of policy, and statement of purposes in
seeking the protection of endangered species of fish and wildlife.
Section 668bb, Pub. L. 89–669, §2, Oct. 15, 1966, 80 Stat. 926; Pub. L. 91–135, §12(b), (c), Dec. 5, 1969,
83 Stat. 282, set out the powers and duties of the Secretary of the Interior in carrying out the mandate of the
Endangered Species Conservation Act of 1969.
Section 668cc, Pub. L. 89–669, §3, Oct. 15, 1966, 80 Stat. 927, covered the Secretary's duty to cooperate
with the States, area administration, management agreements, and disposition of revenues.
Section 668cc–1, Pub. L. 91–135, §1, Dec. 5, 1969, 83 Stat. 275, defined "Secretary", "fish or wildlife",
"United States", and "person".
Section 668cc–2, Pub. L. 91–135, §2, Dec. 5, 1969, 83 Stat. 275, covered importation of endangered
species and set out civil and criminal penalties by reference to provisions of section 668cc–4 of this title.
Section 668cc–3, Pub. L. 91–135, §3, Dec. 5, 1969, 83 Stat. 275, provided for determination by the
Secretary of the species threatened with extinction, methods to be used and factors determinative of
Secretary's determination, and rule making procedures to be used.
Section 668cc–4, Pub. L. 91–135, §4, Dec. 5, 1969, 83 Stat. 276, set out penalties for violation of sections
668cc–2 and 668cc–3 of this title and provisions for their enforcement.
Section 668cc–5, Pub. L. 91–135, §5, Dec. 5, 1969, 83 Stat. 278, covered international agreements for fish
and wildlife preservation.
Section 668cc–6, Pub. L. 91–135, §6, Dec. 5, 1969, 83 Stat. 278, called for coordination of administration
of provisions relating to endangered species of fish and wildlife with animal quarantine and tariff laws, and
provided for non-impairment of functions of Secretaries of Agriculture and Treasury under agriculture and
tariff laws, including imports.
Effective Date of Repeal
Repeal 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.

§668dd. National Wildlife Refuge System
(a) Designation; administration; continuance of resources-managementprograms for refuge lands in Alaska; disposal of acquired lands; proceeds
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

1/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

(1) For the purpose of consolidating the authorities relating to the various
categories of areas that are administered by the Secretary for the conservation of
fish and wildlife, including species that are threatened with extinction, all lands,
waters, and interests therein administered by the Secretary as wildlife refuges,
areas for the protection and conservation of fish and wildlife that are threatened
with extinction, wildlife ranges, game ranges, wildlife management areas, or
waterfowl production areas are hereby designated as the "National Wildlife
Refuge System" (referred to herein as the "System"), which shall be subject to
the provisions of this section, and shall be administered by the Secretary through
the United States Fish and Wildlife Service. With respect to refuge lands in the
State of Alaska, those programs relating to the management of resources for
which any other agency of the Federal Government exercises administrative
responsibility through cooperative agreement shall remain in effect, subject to
the direct supervision of the United States Fish and Wildlife Service, as long as
such agency agrees to exercise such responsibility.
(2) The mission of the System is to administer a national network of lands and
waters for the conservation, management, and where appropriate, restoration of
the fish, wildlife, and plant resources and their habitats within the United States
for the benefit of present and future generations of Americans.
(3) With respect to the System, it is the policy of the United States that—
(A) each refuge shall be managed to fulfill the mission of the System, as
well as the specific purposes for which that refuge was established;
(B) compatible wildlife-dependent recreation is a legitimate and appropriate
general public use of the System, directly related to the mission of the System
and the purposes of many refuges, and which generally fosters refuge
management and through which the American public can develop an
appreciation for fish and wildlife;
(C) compatible wildlife-dependent recreational uses are the priority general
public uses of the System and shall receive priority consideration in refuge
planning and management; and
(D) when the Secretary determines that a proposed wildlife-dependent
recreational use is a compatible use within a refuge, that activity should be
facilitated, subject to such restrictions or regulations as may be necessary,
reasonable, and appropriate.
(4) In administering the System, the Secretary shall—
(A) provide for the conservation of fish, wildlife, and plants, and their
habitats within the System;
(B) ensure that the biological integrity, diversity, and environmental health
of the System are maintained for the benefit of present and future generations
of Americans;
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

2/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

(C) plan and direct the continued growth of the System in a manner that is
best designed to accomplish the mission of the System, to contribute to the
conservation of the ecosystems of the United States, to complement efforts of
States and other Federal agencies to conserve fish and wildlife and their
habitats, and to increase support for the System and participation from
conservation partners and the public;
(D) ensure that the mission of the System described in paragraph (2) and
the purposes of each refuge are carried out, except that if a conflict exists
between the purposes of a refuge and the mission of the System, the conflict
shall be resolved in a manner that first protects the purposes of the refuge,
and, to the extent practicable, that also achieves the mission of the System;
(E) ensure effective coordination, interaction, and cooperation with owners
of land adjoining refuges and the fish and wildlife agency of the States in
which the units of the System are located;
(F) assist in the maintenance of adequate water quantity and water quality
to fulfill the mission of the System and the purposes of each refuge;
(G) acquire, under State law, water rights that are needed for refuge
purposes;
(H) recognize compatible wildlife-dependent recreational uses as the
priority general public uses of the System through which the American public
can develop an appreciation for fish and wildlife;
(I) ensure that opportunities are provided within the System for compatible
wildlife-dependent recreational uses;
(J) ensure that priority general public uses of the System receive enhanced
consideration over other general public uses in planning and management
within the System;
(K) provide increased opportunities for families to experience compatible
wildlife-dependent recreation, particularly opportunities for parents and their
children to safely engage in traditional outdoor activities, such as fishing and
hunting;
(L) continue, consistent with existing laws and interagency agreements,
authorized or permitted uses of units of the System by other Federal agencies,
including those necessary to facilitate military preparedness;
(M) ensure timely and effective cooperation and collaboration with Federal
agencies and State fish and wildlife agencies during the course of acquiring
and managing refuges; and
(N) monitor the status and trends of fish, wildlife, and plants in each refuge.
(5) No acquired lands which are or become a part of the System may be
transferred or otherwise disposed of under any provision of law (except by
exchange pursuant to subsection (b)(3) of this section) unless—
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

3/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

(A) the Secretary determines with the approval of the Migratory Bird
Conservation Commission that such lands are no longer needed for the
purposes for which the System was established; and
(B) such lands are transferred or otherwise disposed of for an amount not
less than—
(i) the acquisition costs of such lands, in the case of lands of the System
which were purchased by the United States with funds from the migratory
bird conservation fund, or fair market value, whichever is greater; or
(ii) the fair market value of such lands (as determined by the Secretary as
of the date of the transfer or disposal), in the case of lands of the System
which were donated to the System.
The Secretary shall pay into the migratory bird conservation fund the
aggregate amount of the proceeds of any transfer or disposal referred to in the
preceding sentence.
(6) Each area which is included within the System on January 1, 1975, or
thereafter, and which was or is—
(A) designated as an area within such System by law, Executive order, or
secretarial order; or
(B) so included by public land withdrawal, donation, purchase, exchange,
or pursuant to a cooperative agreement with any State or local government,
any Federal department or agency, or any other governmental entity,
shall continue to be a part of the System until otherwise specified by Act of
Congress, except that nothing in this paragraph shall be construed as precluding
—
(i) the transfer or disposal of acquired lands within any such area pursuant
to paragraph (5) of this subsection;
(ii) the exchange of lands within any such area pursuant to subsection (b)(3)
of this section; or
(iii) the 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 System, the Secretary is authorized to take the following
actions:
(1) Enter into contracts with any person or public or private agency through
negotiation for the provision of public accommodations when, and in such
locations, and to the extent that the Secretary determines will not be
inconsistent with the primary purpose for which the affected area was
established.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

4/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

(2) Accept donations of funds and to use such funds to acquire or manage
lands or interests therein.
(3) 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 System. The values of the properties so
exchanged either shall be approximately equal, or if they are not
approximately equal the values shall be equalized by the payment of cash to
the grantor or to the Secretary as the circumstances require.
(4) Subject to standards established by and the overall management
oversight of the Director, and consistent with standards established by this
Act, to enter into cooperative agreements with State fish and wildlife agencies
for the management of programs on a refuge.
(5) 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 person shall disturb, injure, cut, burn, remove, destroy, or possess any real
or personal property of the United States, including natural growth, in any area
of the System; or take or possess any fish, bird, mammal, or other wild
vertebrate or invertebrate animals or part or nest or egg thereof within any such
area; or enter, use, or otherwise occupy any such area for any purpose; unless
such activities are performed by 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 United
States mining and mineral leasing laws shall continue to apply to any lands
within the System to the same extent they apply prior to October 15, 1966,
unless subsequently withdrawn under other authority of law. With the exception
of endangered species and threatened species listed by the Secretary pursuant to
section 1533 of this title in States wherein a cooperative agreement does not
exist pursuant to section 1535(c) of this title, nothing in this Act shall be
construed to authorize the Secretary to control or regulate hunting or fishing of
resident fish and wildlife on lands not within the system. The regulations
permitting hunting and fishing of resident fish and wildlife within the System
shall be, to the extent practicable, consistent with State fish and wildlife laws
and regulations.
(d) Use of areas; administration of migratory bird sanctuaries as game
taking areas; rights of way, easements, and reservations; payment of fair
market value
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

5/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

(1) The Secretary is authorized, under such regulations as he may prescribe, to
—
(A) permit the use of any area within the System for any purpose, including
but not limited to hunting, fishing, public recreation and accommodations, and
access whenever he determines that such uses are compatible with the major
purposes for which such areas were established: Provided, That not to exceed
40 per centum at any one time of any area that has been, or hereafter may be
acquired, reserved, or set apart as an inviolate sanctuary for migratory birds,
under any law, proclamation, Executive order, or public land order may be
administered by the Secretary as an area within which the taking of migratory
game birds may be permitted under such regulations as he may prescribe
unless the Secretary finds that the taking of any species of migratory game
birds in more than 40 percent of such area would be beneficial to the species;
and
(B) permit the use of, or grant easements in, over, across, upon, through, or
under any areas within the System for purposes such as but not necessarily
limited to, powerlines, telephone lines, canals, ditches, pipelines, and roads,
including the construction, operation, and maintenance thereof, whenever he
determines that such uses are compatible with the purposes for which these
areas are established.
(2) Notwithstanding any other provision of law, the Secretary may not grant to
any Federal, State, or local agency or to any private individual or organization
any right-of-way, easement, or reservation in, over, across, through, or under any
area within the system in connection with any use permitted by him under
paragraph (1)(B) of this subsection unless the grantee pays to the Secretary, at
the option of the Secretary, either (A) in lump sum the fair market value
(determined by the Secretary as of the date of conveyance to the grantee) of the
right-of-way, easement, or reservation; or (B) annually in advance the fair
market rental value (determined by the Secretary) of the right-of-way, easement,
or reservation. If any Federal, State, or local agency is exempted from such
payment by any other provision of Federal law, such agency shall otherwise
compensate the Secretary by any other means agreeable to the Secretary,
including, but not limited to, making other land available or the loan of
equipment or personnel; except that (A) any such compensation shall relate to,
and be consistent with, the objectives of the National Wildlife Refuge System,
and (B) the Secretary may waive such requirement for compensation if he finds
such requirement impracticable or unnecessary. All sums received by the
Secretary pursuant to this paragraph shall, after payment of any necessary
expenses incurred by him in administering this paragraph, be deposited into the
Migratory Bird Conservation Fund and shall be available to carry out the
provisions for land acquisition of the Migratory Bird Conservation Act (16
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

6/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

U.S.C. 715 et seq.) and the Migratory Bird Hunting Stamp Act (16 U.S.C. 718 et
seq.).
(3)(A)(i) Except as provided in clause (iv), the Secretary shall not initiate or
permit a new use of a refuge or expand, renew, or extend an existing use of a
refuge, unless the Secretary has determined that the use is a compatible use and
that the use is not inconsistent with public safety. The Secretary may make the
determinations referred to in this paragraph for a refuge concurrently with
development of a conservation plan under subsection (e).
(ii) On lands added to the System after March 25, 1996, the Secretary shall
identify, prior to acquisition, withdrawal, transfer, reclassification, or donation of
any such lands, existing compatible wildlife-dependent recreational uses that the
Secretary determines shall be permitted to continue on an interim basis pending
completion of the comprehensive conservation plan for the refuge.
(iii) Wildlife-dependent recreational uses may be authorized on a refuge when
they are compatible and not inconsistent with public safety. Except for
consideration of consistency with State laws and regulations as provided for in
subsection (m), no other determinations or findings are required to be made by
the refuge official under this Act or the Refuge Recreation Act for wildlifedependent recreation to occur.
(iv) 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 Secretary shall issue
final regulations establishing the process for determining under subparagraph
(A) whether a use of a refuge is a compatible use. These regulations shall—
(i) designate the refuge official responsible for making initial compatibility
determinations;
(ii) require an estimate of the timeframe, location, manner, and purpose of
each use;
(iii) identify the effects of each use on refuge resources and purposes of
each refuge;
(iv) require that compatibility determinations be made in writing;
(v) provide for the expedited consideration of uses that will likely have no
detrimental effect on the fulfillment of the purposes of a refuge or the mission
of the System;
(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;
(vii) 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
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

7/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

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;
(viii) 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 conservation plan under
subsection (e) or at least every 15 years, whichever is earlier; and
(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 conservation plan for the refuge under subsection (e) or has
otherwise been provided during routine, periodic determinations of
compatibility for wildlife-dependent recreational uses.
(4) The provisions of this Act relating to determinations of the compatibility
of a use shall not apply to—
(A) overflights above a refuge; and
(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 or a portion of a refuge, if the management of those
activities is in accordance with a memorandum of understanding between the
Secretary or the Director and the head of the Federal agency with primary
jurisdiction over the refuge governing the use of the refuge.
(e) Refuge conservation planning program for non-Alaskan refuge lands
(1)(A) Except with respect to refuge lands in Alaska (which shall be governed
by the refuge planning provisions of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.)), the Secretary shall—
(i) propose a comprehensive conservation plan for each refuge or related
complex of refuges (referred to in this subsection as a "planning unit") in the
System;
(ii) publish a notice of opportunity for public comment in the Federal
Register on each proposed conservation plan;
(iii) issue a final conservation plan for each planning unit consistent with
the provisions of this Act and, to the extent practicable, consistent with fish
and wildlife conservation plans of the State in which the refuge is located; and
(iv) not less frequently than 15 years after the date of issuance of a
conservation plan under clause (iii) and every 15 years thereafter, revise the
conservation plan as may be necessary.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

8/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

(B) The Secretary shall prepare a comprehensive conservation plan under this
subsection for each refuge within 15 years after October 9, 1997.
(C) The Secretary shall manage each refuge or planning unit under plans in
effect on October 9, 1997, to the extent such plans are consistent with this Act,
until such plans are revised or superseded by new comprehensive conservation
plans issued under this subsection.
(D) Uses or activities consistent with this Act may occur on any refuge or
planning unit before existing plans are revised or new comprehensive
conservation plans are issued under this subsection.
(E) Upon completion of a comprehensive conservation plan under this
subsection for a refuge or planning unit, the Secretary shall manage the refuge or
planning unit in a manner consistent with the plan and shall revise the plan at
any time if the Secretary determines that conditions that affect the refuge or
planning unit have changed significantly.
(2) In developing each comprehensive conservation plan under this subsection
for a planning unit, the Secretary, acting through the Director, shall identify and
describe—
(A) the purposes of each refuge comprising the planning unit;
(B) the distribution, migration patterns, and abundance of fish, wildlife, and
plant populations and related habitats within the planning unit;
(C) the archaeological and cultural values of the planning unit;
(D) such areas within the planning unit that are suitable for use as
administrative sites or visitor facilities;
(E) significant problems that may adversely affect the populations and
habitats of fish, wildlife, and plants within the planning unit and the actions
necessary to correct or mitigate such problems; and
(F) opportunities for compatible wildlife-dependent recreational uses.
(3) In preparing each comprehensive conservation plan under this subsection,
and any revision to such a plan, the Secretary, acting through the Director, shall,
to the maximum extent practicable and consistent with this Act—
(A) consult with adjoining Federal, State, local, and private landowners and
affected State conservation agencies; and
(B) coordinate the development of the conservation plan or revision with
relevant State conservation plans for fish and wildlife and their habitats.
(4)(A) In accordance with subparagraph (B), the Secretary shall develop and
implement a process to ensure an opportunity for active public involvement in
the preparation and revision of comprehensive conservation plans under this
subsection. At a minimum, the Secretary shall require that publication of any
final plan shall include a summary of the comments made by States, owners of
adjacent or potentially affected land, local governments, and any other affected
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

9/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

persons, and a statement of the disposition of concerns expressed in those
comments.
(B) Prior to the adoption of each comprehensive conservation plan under this
subsection, the Secretary shall issue public notice of the draft proposed plan,
make copies of the plan available at the affected field and regional offices of the
United States Fish and Wildlife Service, and provide opportunity for public
comment.
(f) Penalties
(1) Knowing violations
Any person who knowingly violates or fails to comply with any of the
provisions of this Act or any regulations issued thereunder shall be fined
under title 18 or imprisoned for not more than 1 year, or both.
(2) Other violations
Any person who otherwise violates or fails to comply with any of the
provisions of this Act (including a regulation issued under this Act) shall be
fined under title 18 or imprisoned not more than 180 days, or both.
(g) Enforcement provision; arrests, searches, and seizures; custody of
property; forfeitures; disposition
Any person authorized by the Secretary to enforce the provisions of this Act
or any regulations issued thereunder, may, without a warrant, arrest any person
violating this Act or regulations in his presence or view, and may execute any
warrant or other process issued by an officer or court of competent jurisdiction to
enforce the provisions of this Act or regulations, and may with a search warrant
search for and seize any property, fish, bird, mammal, or other wild vertebrate or
invertebrate animals or part or nest or egg thereof, taken or possessed in
violation of this Act or the regulations issued thereunder. Any property, fish,
bird, mammal, or other wild vertebrate or invertebrate animals or part or egg
thereof seized with or without a search warrant shall be held by such person or
by a United States marshal, and upon conviction, shall be forfeited to the United
States and disposed of by the Secretary, in accordance with law. The Director of
the United States Fish and Wildlife Service is authorized to utilize by agreement,
with or without reimbursement, the personnel and services of any other Federal
or State agency for purposes of enhancing the enforcement of this Act.
(h) Regulations; continuation, modification, or rescission
Regulations applicable to areas of the System that are in effect on October 15,
1966, shall continue in effect until modified or rescinded.
(i) National conservation recreational area provisions; amendment, repeal,
or modification
Nothing 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.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

10/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

460k—460k–4) which authorizes the Secretary to administer the areas within the
System for public recreation. The provisions of this section relating to recreation
shall be administered in accordance with the provisions of said Act.
(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 State water laws.
(k) Emergency power
Notwithstanding any other provision of this Act, the Secretary may
temporarily suspend, allow, or initiate any activity in a refuge in the System if
the Secretary determines it is necessary to protect the health and safety of the
public or any fish or wildlife population.
(l) Hunting and fishing on lands and waters not within System
Nothing in this Act shall be construed to authorize the Secretary to control or
regulate hunting or fishing of fish and resident wildlife on lands or waters that
are not within the System.
(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 fish and
resident wildlife under State law or regulations in any area within the System.
Regulations permitting hunting or fishing of fish and resident wildlife within the
System shall be, to the extent practicable, consistent with State fish and wildlife
laws, regulations, and management plans.
(n) Water rights
(1) Nothing in this Act shall—
(A) create a reserved water right, express or implied, in the United States
for any purpose;
(B) affect any water right in existence on October 9, 1997; or
(C) affect any Federal or State law in existence on October 9, 1997,
regarding water quality or water quantity.
(2) Nothing in this Act shall diminish or affect the ability to join the United
States in the adjudication of rights to the use of water pursuant to section 666 of
title 43.
(o) Coordination with State agencies
Coordination with State fish and wildlife agency personnel or with personnel
of other affected State agencies pursuant to this Act shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
(Pub. L. 89–669, §4, Oct. 15, 1966, 80 Stat. 927; Pub. L. 90–404, §1, July 18,
1968, 82 Stat. 359; Pub. L. 93–205, §13(a), Dec. 28, 1973, 87 Stat. 902; Pub. L.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

11/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

93–509, §2, Dec. 3, 1974, 88 Stat. 1603; Pub. L. 94–215, §5, Feb. 17, 1976, 90
Stat. 190; Pub. L. 94–223, Feb. 27, 1976, 90 Stat. 199; Pub. L. 95–616, §§3(f), 6,
Nov. 8, 1978, 92 Stat. 3111, 3114; Pub. L. 100–226, §4, Dec. 31, 1987, 101 Stat.
1551; Pub. L. 100–653, title IX, §904, Nov. 14, 1988, 102 Stat. 3834; Pub. L.
105–57, §§3(b)–8, Oct. 9, 1997, 111 Stat. 1254–1259; Pub. L. 105–312, title II,
§206, Oct. 30, 1998, 112 Stat. 2958.)
References in Text
This 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.
The Federal Advisory Committee Act, referred to in subsec. (o), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat.
770, which is classified to the Appendix of Title 5, Government Organization and Employees.
Amendments
1998—Subsec. (c). Pub. L. 105–312, §206(1), struck out "knowingly" after "No person shall" in first
sentence.
Subsec. (f). Pub. L. 105–312, §206(2), inserted subsec. heading, par. (1) designation and heading, and
"knowingly" after "Any person who", and added par. (2).
1997—Subsec. (a)(1). Pub. L. 105–57, §3(b), substituted "Secretary" for "Secretary of the Interior" before
"for the conservation of fish and wildlife".
Subsec. (a)(2). 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 "Secretary" for "Secretary of the Interior" before
"determines with the approval".
Subsec. (a)(3). Pub. L. 105–57, §§4(1), 5(a), added par. (3) and redesignated former par. (3) as (6).
Subsec. (a)(4). Pub. L. 105–57, §5(a), added par. (4).
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 to take the following actions:" for "authorized
—" in introductory provisions.
Subsec. (b)(1). Pub. 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. (b)(4), (5). Pub. L. 105–57, §5(b)(5), added pars. (4) and (5).
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 several States to manage, control, or regulate fish
and resident wildlife under State law or regulations in any area within the System."
Subsec. (d)(2). Pub. L. 105–57, §3(b), substituted "Secretary" for "Secretary of the Interior" before "may
not grant to any Federal" and before "pursuant to this paragraph".
Subsec. (d)(3), (4). 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).
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

12/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

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 "Secretary" for "Secretary of the Interior" before "to enforce the
provisions".
Subsec. (g). 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 "Secretary" for "Secretary of the Interior".
Subsecs. (i), (j). 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".
1987—Subsec. (f). Pub. L. 100–226 inserted at end "The Director of the United States Fish and Wildlife
Service is authorized to utilize by agreement, with or without reimbursement, the personnel and services of
any other Federal or State agency for purposes of enhancing the enforcement of this Act."
1978—Subsec. (d)(1)(A). Pub. L. 95–616, §6, authorized the Secretary to find that the taking of any species
of migratory birds in more than 40 percent of the area would be beneficial to the species.
Subsec. (f). Pub. L. 95–616, §3(f), substituted "disposed of by the Secretary, in accordance with law" for
"disposed of by the court".
1976—Subsec. (a). Pub. L. 94–223 designated existing first sentence as par. (1), provided for administration
of the System by the Secretary of the Interior through the United States Fish and Wildlife Service and inserted
provision respecting continuance of programs relating to management of resources in refuge lands in Alaska,
subject to direct supervision of the United States Fish and Wildlife Service; struck out second sentence
providing that "Nothing in this Act shall restrict the authority of the Secretary to modify or revoke public land
withdrawals affecting lands in the System as presently constituted, or as it may be constituted, whenever he
determines that such action is consistent with the public interest."; designated existing third sentence as par.
(2), redesignated as subpars. (A) and (B) former clauses (1) and (2), redesignated as subpar. (B)(i) and (ii)
former cl. (2)(A) and (B), substituted in subpar. (A) "with the approval of" for "after consultation with",
inserted in subpar. (B)(i) "or fair market value, whichever is greater;" and reenacted as second sentence of par.
(2) former last sentence of subsec. (a); and added par. (3).
Subsec. (b)(3). Pub. L. 94–215 substituted designations "(A)" and "(B)" for "(a)" and "(b)", inserted in cl.
(A) ", or for interests in acquired or public lands," before "under his jurisdiction" and substituted in cl. (B) "he
may prescribe" for "the Secretary may prescribe".
1974—Subsec. (d). Pub. L. 93–509 designated existing provisions as par. (1)(A) and (B) and added par. (2).
1973—Subsec. (c). Pub. L. 93–205 inserted "With the exception of endangered species and threatened
species listed by the Secretary pursuant to section 1533 of this title in States wherein a cooperative agreement
does not exist pursuant to section 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 the System" in second
sentence.
1968—Subsec. (a). Pub. L. 90–404 inserted provisions that no acquired lands which are or become a part of
the National Wildlife Refuge System may be transferred or otherwise disposed of except under the specified
conditions, and provisions that the Secretary pay into the migratory bird conservation fund the proceeds of any
such transfer or disposal.
Effective Date of 1974 Amendment
Pub. L. 93–509, §3, Dec. 3, 1974, 88 Stat. 1603, provided that: "Section 4 (d)(2) of the Act of October 15,
1966 (as added by this Act) [subsec. (d)(2) of this section], shall apply with respect to any right-of-way,
easement, or reservation granted by the Secretary of the Interior on or after the date of the enactment of this
Act [Dec. 3, 1974], including any right-of-way, easement, or reservation granted on or after such date in
connection with any use permitted by him pursuant to section 4(d)(2) of the Act of October 15, 1966 [now
subsec. (d)(1)(B) of this section] (as in effect before the date of the enactment of this Act)."
Effective Date of 1973 Amendment
Amendment 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
Pub. L. 90–404, §2, July 18, 1968, 82 Stat. 359, provided that: "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
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

13/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

land initiated and completed after the date of their enactment [July 18, 1968]."
Short Title of 2015 Amendment
Pub. L. 114–101, §1, Dec. 18, 2015, 129 Stat. 2203, provided that: "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 Wildlife Refuges set out under this section]
may be cited as the 'Billy Frank Jr. Tell Your Story Act'."
Short Title of 1998 Amendment
Pub. L. 105–312, title II, §201, Oct. 30, 1998, 112 Stat. 2957, provided that: "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 National Wildlife Refuges
set out under this section] may be cited as the 'National Wildlife Refuge System Improvement Act of 1998'."
Short Title of 1997 Amendment
Pub. L. 105–57, §1(a), Oct. 9, 1997, 111 Stat. 1252, provided that: "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
Pub. L. 93–509, §1, Dec. 3, 1974, 88 Stat. 1603, provided: "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 Wildlife Refuge System Administration Act Amendments of 1974'."
Short Title
Pub. L. 91–135, §12(f), Dec. 5, 1969, 83 Stat. 283, provided that: "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'."
Transfer of Functions
Enforcement functions of Secretary or other official in Department of the Interior related to compliance
with approval to cross national wildlife refuges under sections 668dd and 668ee of this title with respect to
pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural
gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation
System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see
Reorg. Plan No. 1 of 1979, §§102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal
Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in
Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of
Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority
vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas
Transportation Projects by section 720d(f) of Title 15.
National Wildlife Refuge System Centennial
Pub. L. 106–408, title III, Nov. 1, 2000, 114 Stat. 1782, provided that:

"SEC. 301. SHORT TITLE.
"This title may be cited as the 'National Wildlife Refuge System Centennial Act'.

"SEC. 302. FINDINGS AND PURPOSES.
"(a) Findings.—Congress finds that—
"(1) President Theodore Roosevelt began the National Wildlife Refuge System by establishing the first
refuge at Pelican Island, Florida, on March 14, 1903;
"(2) the National Wildlife Refuge System is comprised of more than 93,000,000 acres of Federal land
managed by the United States Fish and Wildlife Service in more than 532 individual refuges and thousands
of waterfowl production areas located in all 50 States and the territories of the United States;
"(3) the System is the only network of Federal land dedicated singularly to wildlife conservation and
where wildlife-dependent recreation and environmental education are priority public uses;
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

14/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

"(4) the System serves a vital role in the conservation of millions of migratory birds, dozens of
endangered species and threatened species, some of the premier fisheries of the United States, marine
mammals, and the habitats on which such species of fish and wildlife depend;
"(5) each year the System provides millions of Americans with opportunities to participate in wildlifedependent recreation, including hunting, fishing, and wildlife observation;
"(6)(A) public visitation to national wildlife refuges is growing, with more than 35,000,000 visitors
annually; and
"(B) it is essential that visitor centers and public use facilities be properly constructed, operated, and
maintained;
"(7) the National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of
1998 (16 U.S.C. 742f note; Public Law 105–242) [see Short Title of 1998 Amendments note under section
742a of this title], and the amendments made by that Act, significantly enhance the ability of the United
States Fish and Wildlife Service to incorporate volunteers and partnerships in refuge management;
"(8) as of the date of the enactment of this Act [Nov. 1, 2000], the System has an unacceptable backlog
of critical operation and maintenance needs; and
"(9) the occasion of the centennial of the System, in 2003, presents a historic opportunity to enhance
natural resource stewardship and expand public enjoyment of the national wildlife refuges of the United
States.
"(b) Purposes.—The purposes of this title are—
"(1) to establish a commission to promote awareness by the public of the National Wildlife Refuge
System as the System celebrates its centennial in 2003;
"(2) to develop a long-term plan to meet the priority operation, maintenance, and construction needs of
the System;
"(3) to require an annual report on the needs of the System prepared in the context of—
"(A) the budget submission of the Department of the Interior to the President; and
"(B) the President's budget request to Congress; and
"(4) to improve public use programs and facilities of the System to meet the increasing needs of the
public for wildlife-dependent recreation in the 21st century.

"SEC. 303. NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL
COMMISSION.
"(a) Establishment.—There is established the National Wildlife Refuge System Centennial Commission
(referred to in this title as the 'Commission').
"(b) Members.—
"(1) In general.—The Commission shall be composed of—
"(A) the Director of the United States Fish and Wildlife Service;
"(B) up to 10 individuals appointed by the Secretary of the Interior;
"(C) the chairman and ranking minority member of the Committee on Resources [now Committee
on Natural Resources] of the House of Representatives and of the Committee on Environment and Public
Works of the Senate, who shall be nonvoting members; and
"(D) the congressional representatives of the Migratory Bird Conservation Commission, who
shall be nonvoting members.
"(2) Appointments.—
"(A) Deadline.—The members of the Commission shall be appointed not later than 90 days after
the effective date of this title.
"(B) Appointments by the secretary of the interior.—
"(i) In general.—The members of the Commission appointed by the Secretary of the
Interior under paragraph (1)(B)—
     "(I) shall not be officers or employees of the Federal Government; and
     "(II) shall, in the judgment of the Secretary—
"(aa) represent the diverse beneficiaries of the System; and
"(bb) have outstanding knowledge or appreciation of wildlife, natural resource management,
or wildlife-dependent recreation.
"(ii) Representation of views.—In making appointments under paragraph (1)(B), the
Secretary of the Interior shall make every effort to ensure that the views of the hunting, fishing, and
wildlife observation communities are represented on the Commission.
"(3) Vacancies.—Any vacancy in the Commission—
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

15/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

"(A) shall not affect the power or duties of the Commission; and
"(B) shall be expeditiously filled in the same manner as the original appointment was made.
"(c) Chairperson.—The Secretary of the Interior shall appoint one of the members as the Chairperson of
the Commission.
"(d) Compensation.—The members of the Commission shall receive no compensation for their service on
the Commission.
"(e) Travel Expenses.—
"(1) Legislative branch members.—The members of the Commission from the legislative branch of
the Federal Government shall be allowed necessary travel expenses, as authorized by other law for official
travel, while away from their homes or regular places of business in the performance of services for the
Commission.
"(2) Executive branch members.—The members of the Commission from the executive branch of the
Federal Government shall be allowed necessary travel expenses in accordance with section 5702 of title 5,
United States Code, while away from their homes or regular places of business in the performance of
services for the Commission.
"(3) Other members and staff.—The members of the Commission appointed by the Secretary of the
Interior and staff of the Commission may be allowed necessary travel expenses as authorized by section
5702 of title 5, United States Code, while away from their homes or regular places of business in the
performance of services for the Commission.
"(f) Duties.—The Commission shall—
"(1) prepare, in cooperation with Federal, State, local, and nongovernmental partners, a plan to
commemorate the centennial of the National Wildlife Refuge System beginning on March 14, 2003;
"(2) coordinate the activities of the partners under the plan; and
"(3) plan and host, in cooperation with the partners, a conference on the National Wildlife Refuge
System, and assist in the activities of the conference.
"(g) Staff.—Subject to the availability of appropriations, the Commission may employ such staff as are
necessary to carry out the duties of the Commission.
"(h) Donations.—
"(1) In general.—The Commission may, in accordance with criteria established under paragraph (2),
accept and use donations of money, personal property, or personal services.
"(2) Criteria.—The Commission shall establish written criteria to be used in determining whether the
acceptance of gifts or donations under paragraph (1) would—
"(A) reflect unfavorably on the ability of the Commission or any employee of the Commission to
carry out its responsibilities or official duties in a fair and objective manner; or
"(B) compromise the integrity or the appearance of the integrity of any person involved in the
activities of the Commission.
"(i) Administrative Support.—Upon the request of the Commission—
"(1) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife
Service, may provide to the Commission such administrative support services as are necessary for the
Commission to carry out the duties of the Commission under this title, including services relating to
budgeting, accounting, financial reporting, personnel, and procurement; and
"(2) the head of any other appropriate Federal agency may provide to the Commission such advice and
assistance, with or without reimbursement, as are appropriate to assist the Commission in carrying out the
duties of the Commission.
"(j) Reports.—
"(1) Annual reports.—Not later than 1 year after the effective date of this title, and annually
thereafter, the Commission shall submit to Congress a report on the activities and plans of the Commission.
"(2) Final report.—Not later than September 30, 2004, the Commission shall submit to the
Committee on Resources [now Committee on Natural Resources] of the House of Representatives and the
Committee on Environment and Public Works of the Senate a final report on the activities of the
Commission, including an accounting of all funds received and expended by the Commission.
"(k) Termination.—
"(1) In general.—The Commission shall terminate 90 days after the date on which the Commission
submits the final report under subsection (j).
"(2) Disposition of materials.—Upon termination of the Commission and after consultation with the
Archivist of the United States and the Secretary of the Smithsonian Institution, the Secretary of the Interior
may—
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

16/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

"(A)(i) deposit all books, manuscripts, miscellaneous printed matter, memorabilia, relics, and
other similar materials of the Commission relating to the centennial of the National Wildlife Refuge
System in Federal, State, or local libraries or museums; or
"(ii) otherwise dispose of such materials; and
"(B)(i) use other property acquired by the Commission for the purposes of the National Wildlife
Refuge System; or
"(ii) treat such property as excess property.

"SEC. 304. LONG-TERM PLANNING AND ANNUAL REPORTING
REQUIREMENTS REGARDING THE OPERATION AND MAINTENANCE
BACKLOG.
"(a) Unified Long-Term Plan.—Not later than March 1, 2002, the Secretary of the Interior shall prepare
and submit to Congress and the President a unified long-term plan to address priority operation, maintenance,
and construction needs of the National Wildlife Refuge System, including—
"(1) priority staffing needs of the System; and
"(2) operation, maintenance, and construction needs as identified in—
"(A) the Refuge Operating Needs System;
"(B) the Maintenance Management System;
"(C) the 5-year deferred maintenance list;
"(D) the 5-year construction list;
"(E) the United States Fish and Wildlife Service report entitled 'Fulfilling the Promise of
America's National Wildlife Refuge System'; and
"(F) individual refuge comprehensive conservation plans.
"(b) Annual Submission.—Beginning with the submission to Congress of the budget for fiscal year 2003,
the Secretary of the Interior shall prepare and submit to Congress, in the context of each annual budget
submission, a report that contains—
"(1) an assessment of expenditures in the prior, current, and upcoming fiscal years to meet the
operation and maintenance backlog as identified in the long-term plan under subsection (a); and
"(2) a specification of transition costs, in the prior, current, and upcoming fiscal years, as identified in
the analysis of newly acquired refuge land prepared by the Department of the Interior, and a description of
the method used to determine the priority status of the transition costs.

"SEC. 305. YEAR OF THE NATIONAL WILDLIFE REFUGE.
"(a) Finding.—Congress finds that designation of the year 2003 as the 'Year of the National Wildlife
Refuge' would promote the goal of increasing public appreciation of the importance of the National Wildlife
Refuge System.
"(b) Proclamation.—The President is requested to issue a proclamation calling on the people of the United
States to conduct appropriate programs, ceremonies, and activities to accomplish the goal of such a year.

"SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out the activities of the Commission under this title—
"(1) $100,000 for fiscal year 2001; and
"(2) $250,000 for each of fiscal years 2002 through 2004.

"SEC. 307. EFFECTIVE DATE.
"This title takes effect on January 20, 2001."
Congressional Findings
Pub. L. 105–57, §2, Oct. 9, 1997, 111 Stat. 1252, provided that: "The Congress finds the following:
"(1) The National Wildlife Refuge System is comprised of over 92,000,000 acres of Federal lands that
have been incorporated within 509 individual units located in all 50 States and the territories of the United
States.
"(2) The System was created to conserve fish, wildlife, and plants and their habitats and this
conservation mission has been facilitated by providing Americans opportunities to participate in compatible
wildlife-dependent recreation, including fishing and hunting, on System lands and to better appreciate the
value of and need for fish and wildlife conservation.
"(3) The System serves a pivotal role in the conservation of migratory birds, anadromous and
interjurisdictional fish, marine mammals, endangered and threatened species, and the habitats on which
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

17/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

these species depend.
"(4) The System assists in the fulfillment of important international treaty obligations of the United
States with regard to fish, wildlife, and plants and their habitats.
"(5) The System includes lands purchased not only through the use of tax dollars but also through the
proceeds from sales of Duck Stamps and national wildlife refuge entrance fees. It is a System that is
financially supported by those benefiting from and utilizing it.
"(6) When managed in accordance with principles of sound fish and wildlife management and
administration, fishing, hunting, wildlife observation, and environmental education in national wildlife
refuges have been and are expected to continue to be generally compatible uses.
"(7) On March 25, 1996, the President issued Executive Order 12996 [set out below], which
recognized 'compatible wildlife-dependent recreational uses involving hunting, fishing, wildlife observation
and photography, and environmental education and interpretation as priority public uses of the Refuge
System'.
"(8) Executive Order 12996 is a positive step and serves as the foundation for the permanent statutory
changes made by this Act [see Short Title of 1997 Amendment note above]."
Statutory Construction With Respect to Alaska
Pub. L. 105–57, §9, Oct. 9, 1997, 111 Stat. 1260, provided that:
"(a) In General.—Nothing in this Act [see Short Title of 1997 Amendment note above] is intended to
affect—
"(1) the provisions for subsistence uses in Alaska set forth in the Alaska National Interest Lands
Conservation Act (Public Law 96–487) [see Short Title note set out under section 3101 of this title],
including those in titles III [enacting provisions listed in a table of National Wildlife Refuges set out below
and provisions set out as a note under section 3145 of this title] and VIII [16 U.S.C. 3111 et seq.] of that
Act;
"(2) the provisions of section 102 of the Alaska National Interest Lands Conservation Act [16 U.S.C.
3102], the jurisdiction over subsistence uses in Alaska, or any assertion of subsistence uses in Alaska in the
Federal courts; and
"(3) the manner in which section 810 of the Alaska National Interest Lands Conservation Act [16
U.S.C. 3120] is implemented in national wildlife refuges in Alaska.
"(b) Conflicts of Laws.—If any conflict arises between any provision of this Act and any provision of the
Alaska National Interest Lands Conservation Act, then the provision in the Alaska National Interest Lands
Conservation Act shall prevail."
Land Transfer and Conveyance, Pease Air Force Base, New Hampshire
Pub. L. 102–154, title III, §319, Nov. 13, 1991, 105 Stat. 1036, provided that:
"(a) Transfer by the Air Force.—Notwithstanding any other provision of law, the Secretary of the Air
Force shall transfer to the Department of the Interior a parcel of real property located west of McIntyre Road
at the site of former Pease Air Force Base, New Hampshire: Provided, That the Secretary of the Air Force
shall retain responsibility for any hazardous substances which may be found on the property so transferred.
"(b) Establishment of National Wildlife Refuge.—Except as provided in subsection (c), the Secretary
of the Interior shall designate the parcel of land transferred under subsection (a) as an area in the National
Wildlife Refuge System under the authority of section 4 of the Act of October 15, 1966 (16 U.S.C. 688dd).
"(c) Conveyance to State of New Hampshire.—
"(1) Conveyance.—Subject to paragraphs (2) through (5), the Secretary of the Interior shall convey to
the State of New Hampshire, without consideration, all right, title, and interest of the United States in and to
a parcel of real property consisting of not more than 100 acres that is a part of the real property transferred
to the Secretary under subsection (a) and that the Secretary determines to be suitable for use as a cemetery.
"(2) Condition of conveyance.—The conveyance under paragraph (1) shall be subject to the
condition that the State of New Hampshire use the property conveyed under that paragraph only for the
purpose of establishing and operating a State cemetery for veterans.
"(3) Reversion.—If the Secretary determines at any time that the State of New Hampshire is not
complying with the condition specified in paragraph (2), all right, title, and interest in and to the property
conveyed pursuant to paragraph (1), including any improvements thereon, shall revert to the United States
and the United States shall have the right of immediate entry thereon.
"(4) Description of property.—The exact acreage and legal description of the parcel of real property
to be conveyed under paragraph (1) shall be determined by a survey that is satisfactory to the Secretary.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

18/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

"(5) Additional terms and conditions.—The Secretary may require any additional terms or
conditions in connection with the conveyance under this subsection that the Secretary determines
appropriate to protect the interests of the United States.
"(d) The purposes for which this national wildlife refuge is established are—
"(1) to encourage the natural diversity of plant, fish, and wildlife species within the refuge, and to
provide for their conservation and management;
"(2) to protect species listed as endangered or threatened, or identified as candidates for listing
pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
"(3) to preserve and enhance the water quality of aquatic habitat within the refuge; and
"(4) to fulfill the international treaty obligations of the United States relating to fish and wildlife."

National Wildlife Refuges

Provisions relating to national wildlife refuges were contained in the following
acts and executive documents:
Alaska Maritime National Wildlife Refuge, Alaska.—Pub. L. 96–487, title III,
§303(1), Dec. 2, 1980, 94 Stat. 2389; Pub. L. 101–622, Nov. 21, 1990, 104
Stat. 3347; Pub. L. 102–489, Oct. 24, 1992, 106 Stat. 3138; Pub. L. 106–554,
§1(a)(4) [div. A, §302], Dec. 21, 2000, 114 Stat. 2763, 2763A–180; Pub. L.
107–239, Oct. 11, 2002, 116 Stat. 1488; Pub. L. 107–314, div. B, title
XXVIII, §2853, Dec. 2, 2002, 116 Stat. 2727.
Alaska Peninsula National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III,
§302(1), Dec. 2, 1980, 94 Stat. 2385; Pub. L. 111–11, title VI, §§6401–6406,
Mar. 30, 2009, 123 Stat. 1177–1182.
Amagansett National Wildlife Refuge, New York.—Pub. L. 104–148, §1, May
24, 1996, 110 Stat. 1378.
Aransas National Wildlife Refuge, Myrtle Foester Whitmire Division, Texas.—
Pub. L. 102–226, §1, Dec. 11, 1991, 105 Stat. 1685.
Arctic National Wildlife Refuge, Alaska.—Pub. L. 96–487, title III, §303(2),
Dec. 2, 1980, 94 Stat. 2390; Pub. L. 115–97, title II, §20001(b)(2)(B), Dec.
22, 2017, 131 Stat. 2236.
Arthur R. Marshall Loxahatchee National Wildlife Refuge, Florida.—Pub. L.
99–615, Nov. 6, 1986, 100 Stat. 3484.
Atchafalaya National Wildlife Refuge, Louisiana.—Pub. L. 98–548, title III,
Oct. 26, 1984, 98 Stat. 2776; Pub. L. 99–625, §2, Nov. 7, 1986, 100 Stat.
3502.
Baca National Wildlife Refuge, Colorado.—Pub. L. 106–530, §6, Nov. 22,
2000, 114 Stat. 2530.
Bandon Marsh National Wildlife Refuge, Oregon.—Pub. L. 97–137, title I, Dec.
29, 1981, 95 Stat. 1709; Pub. L. 105–321, §5, Oct. 30, 1998, 112 Stat. 3025.
Bayou Cocodrie National Wildlife Refuge, Louisiana.—Pub. L. 101–593, title I,
§108, Nov. 16, 1990, 104 Stat. 2956.
Bayou Sauvage Urban National Wildlife Refuge, Louisiana.—Pub. L. 99–645,
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

19/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

title V, §502, Nov. 10, 1986, 100 Stat. 3590; Pub. L. 104–253, §2, Oct. 9,
1996, 110 Stat. 3167.
Becharof National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(2),
Dec. 2, 1980, 94 Stat. 2385.
Billy Frank Jr. Nisqually National Wildlife Refuge (former Nisqually National
Wildlife Refuge), Washington.—Pub. L. 113–76, div. G, title I, §126, Jan. 17,
2014, 128 Stat. 315; Pub. L. 114–101, §2, Dec. 18, 2015, 129 Stat. 2203.
Bitter Lake National Wildlife Refuge, New Mexico.—Pub. L. 108–7, div. F,
title I, §139, Feb. 20, 2003, 117 Stat. 244.
Blackwater National Wildlife Refuge, Maryland.—Pub. L. 108–131, Nov. 22,
2003, 117 Stat. 1372.
Bogue Chitto National Wildlife Refuge, Louisiana and Mississippi.—Pub. L.
96–288, June 28, 1980, 94 Stat. 603; Pub. L. 99–191, §3, Dec. 19, 1985, 99
Stat. 1327; Pub. L. 101–233, §17, Dec. 13, 1989, 103 Stat. 1978.
Bon Secour National Wildlife Refuge, Alabama.—Pub. L. 96–267, June 9,
1980, 94 Stat. 483; Pub. L. 99–191, §1, Dec. 19, 1985, 99 Stat. 1327.
Cache River National Wildlife Refuge, Arkansas.—Pub. L. 102–584, §§1–5,
Nov. 2, 1992, 106 Stat. 4937–4941.
Cahaba River National Wildlife Refuge, Alabama.—Pub. L. 106–331, Oct. 19,
2000, 114 Stat. 1303; Pub. L. 106–369, §9(b), Oct. 27, 2000, 114 Stat. 1419;
Pub. L. 109–363, title V, Oct. 17, 2006, 120 Stat. 2078.
Cape Romain National Wildlife Refuge, South Carolina.—Pub. L. 107–63, title
I, §129, Nov. 5, 2001, 115 Stat. 442.
Cat Island National Wildlife Refuge, Louisiana.—Pub. L. 106–369, §§1–7, Oct.
27, 2000, 114 Stat. 1417–1419.
Charles M. Russell National Wildlife Refuge, Montana.—Pub. L. 106–541, title
VIII, Dec. 11, 2000, 114 Stat. 2699; Pub. L. 111–85, title I, §123, Oct. 28,
2009, 123 Stat. 2852.
Cibola National Wildlife Refuge, California.—Pub. L. 109–127, Dec. 7, 2005,
119 Stat. 2548.
Clarks River National Wildlife Refuge, Kentucky.—Pub. L. 104–208, div. A,
title I, §101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009–185.
Columbia National Wildlife Refuge, Washington.—Pub. L. 106–291, title I,
§138, Oct. 11, 2000, 114 Stat. 949.
Congressman Lester Wolff Oyster Bay National Wildlife Refuge, New York.—
Pub. L. 116–110, Jan. 27, 2020, 134 Stat. 6.
Cossatot National Wildlife Refuge, Arkansas.—Pub. L. 104–333, div. I, title III,
§305(h), Nov. 12, 1996, 110 Stat. 4130.
Desert National Wildlife Range, Nevada.—Pub. L. 107–282, title III, §301,
Nov. 6, 2002, 116 Stat. 2006; Pub. L. 108–424, title VI, §601, Nov. 30, 2004,
118 Stat. 2419.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

20/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

Detroit River International Wildlife Refuge (former Wyandotte National
Wildlife Refuge), Michigan.—Pub. L. 87–119, Aug. 3, 1961, 75 Stat. 243;
Pub. L. 107–91, Dec. 21, 2001, 115 Stat. 894; Pub. L. 108–23, May 19, 2003,
117 Stat. 704.
Don Edwards San Francisco Bay National Wildlife Refuge, California.—Pub.
L. 92–326, June 30, 1972, 86 Stat. 391; Pub. L. 96–290, §1, June 28, 1980,
94 Stat. 607; Pub. L. 100–556, title II, Oct. 28, 1988, 102 Stat. 2780; Pub. L.
104–78, §1, Dec. 28, 1995, 109 Stat. 790.
Edwin B. Forsythe National Wildlife Refuge, New Jersey.—Pub. L. 98–293,
May 22, 1984, 98 Stat. 207.
Egmont Key National Wildlife Refuge, Florida.—Pub. L. 93–341, July 10,
1974, 88 Stat. 295.
Elizabeth Hartwell Mason Neck National Wildlife Refuge (former Mason Neck
National Wildlife Refuge), Virginia.—Pub. L. 106–291, title I, §120, Oct. 11,
2000, 114 Stat. 944; Pub. L. 109–269, §1, Aug. 12, 2006, 120 Stat. 682.
Ernest F. Hollings ACE Basin National Wildlife Refuge, South Carolina.—Pub.
L. 108–447, div. E, title I, §137, Dec. 8, 2004, 118 Stat. 3068.
Flattery Rocks National Wildlife Refuge, Washington.—Ex. Ord. No. 703, Oct.
23, 1907; Proc. No. 2416, July 25, 1940, 54 Stat. 2717; Pub. L. 100–226, §3,
Dec. 31, 1987, 101 Stat. 1550.
Grays Harbor National Wildlife Refuge, Washington.—Pub. L. 100–406, Aug.
19, 1988, 102 Stat. 1041.
Great Dismal Swamp National Wildlife Refuge, Virginia and North Carolina.—
Pub. L. 93–402, Aug. 30, 1974, 88 Stat. 801.
Hart Mountain National Antelope Refuge, Oregon.—Pub. L. 105–321, §4(a)–
(d), Oct. 30, 1998, 112 Stat. 3023.
Hobe Sound National Wildlife Refuge (see Nathaniel P. Reed Hobe Sound
National Wildlife Refuge).
Holt Collier National Wildlife Refuge (former Bogue Phalia Unit of the Yazoo
National Wildlife Refuge), Mississippi.—Pub. L. 108–199, div. H, §145(g)
(1), Jan. 23, 2004, 118 Stat. 444.
Humboldt Bay National Wildlife Refuge, California.—Pub. L. 96–290, §2, June
28, 1980, 94 Stat. 607; Pub. L. 107–130, Jan. 16, 2002, 115 Stat. 2409.
Innoko National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(3),
Dec. 2, 1980, 94 Stat. 2386.
Izembek National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §303(3),
Dec. 2, 1980, 94 Stat. 2390; Pub. L. 111–11, title VI, §§6401–6406, Mar. 30,
2009, 123 Stat. 1177–1182.
James Campbell National Wildlife Refuge, Hawaii.—Pub. L. 109–225, May 25,
2006, 120 Stat. 378.
John H. Chafee National Wildlife Refuge (former Pettaquamscutt Cove
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

21/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

National Wildlife Refuge), Rhode Island.—Pub. L. 100–610, title II, Nov. 5,
1988, 102 Stat. 3176; Pub. L. 102–212, title II, §202, Dec. 11, 1991, 105 Stat.
1660; Pub. L. 104–212, title II, Oct. 1, 1996, 110 Stat. 3014; Pub. L. 106–53,
title V, §565(c), Aug. 17, 1999, 113 Stat. 367.
John Heinz National Wildlife Refuge at Tinicum (former Tinicum National
Environmental Center), Pennsylvania.—Pub. L. 102–154, title I, Nov. 13,
1991, 105 Stat. 995; Pub. L. 103–340, §7, formerly §6, Oct. 6, 1994, 108 Stat.
3120, renumbered §7, Pub. L. 106–369, §9(a), Oct. 27, 2000, 114 Stat. 1419;
Pub. L. 109–166, §4, Jan. 10, 2006, 119 Stat. 3577.
Kanuti National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(4),
Dec. 2, 1980, 94 Stat. 2386.
Kenai National Wildlife Refuge, Alaska.—Pub. L. 96–487, title III, §303(4),
Dec. 2, 1980, 94 Stat. 2391; Pub. L. 104–333, div. I, title III, §311(d)(3), Nov.
12, 1996, 110 Stat. 4142.
Kilauea Point National Wildlife Refuge, Hawaii.—Pub. L. 108–481, Dec. 23,
2004, 118 Stat. 3910.
Klamath Marsh National Wildlife Refuge, Oregon.—Act Aug. 13, 1954, ch.
732, §28, as added Pub. L. 85–731, §1, Aug. 23, 1958, 72 Stat. 816; amended
Pub. L. 86–247, Sept. 9, 1959, 73 Stat. 477; Pub. L. 105–312, title II, §205,
Oct. 30, 1998, 112 Stat. 2957; Pub. L. 105–321, §4(e), Oct. 30, 1998, 112
Stat. 3025.
Kodiak National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §303(5),
Dec. 2, 1980, 94 Stat. 2391.
Koyukuk National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(5),
Dec. 2, 1980, 94 Stat. 2386.
Mason Neck National Wildlife Refuge, Virginia (see Elizabeth Hartwell Mason
Neck National Wildlife Refuge).
McNary National Wildlife Refuge, Washington.—Pub. L. 106–53, title V,
§563(l), Aug. 17, 1999, 113 Stat. 365; Pub. L. 110–114, title III, §3164, Nov.
8, 2007, 121 Stat. 1151.
Midway Atoll National Wildlife Refuge, Midway Islands.—Ex. Ord. No.
13022, §3(a), Oct. 31, 1996, 61 F.R. 56875; Pub. L. 107–206, title I, §703,
Aug. 2, 2002, 116 Stat. 864.
Minnesota Valley National Wildlife Refuge, Minnesota.—Pub. L. 94–466, Oct.
8, 1976, 90 Stat. 1992.
Mountain Longleaf National Wildlife Refuge, Alabama.—Pub. L. 107–314, div.
B, title XXVIII, §2821, Dec. 2, 2002, 116 Stat. 2710.
Nathaniel P. Reed Hobe Sound National Wildlife Refuge (former Hobe Sound
National Wildlife Refuge), Florida.—Pub. L. 115–282, title VIII, §837, Dec.
4, 2018, 132 Stat. 4321; Pub. L. 115–432, Jan. 10, 2019, 132 Stat. 5522.
Neal Smith National Wildlife Refuge, Iowa.—Pub. L. 105–83, title III, §341,
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

22/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

Nov. 14, 1997, 111 Stat. 1604.
Ninigret National Wildlife Refuge, Rhode Island.—Pub. L. 105–178, title I,
§1214(g), (i), June 9, 1998, 112 Stat. 206, 207; Pub. L. 105–206, title IX,
§9006(d), July 22, 1998, 112 Stat. 849.
Nisqually National Wildlife Refuge, Washington (see Billy Frank Jr. Nisqually
National Wildlife Refuge).
North Platte National Wildlife Refuge, Nebraska.—Pub. L. 104–212, title I,
§101, Oct. 1, 1996, 110 Stat. 3014.
Nowitna National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(6),
Dec. 2, 1980, 94 Stat. 2387.
Oahu National Wildlife Refuge Complex, Hawaii.—Pub. L. 104–209, §1, Oct.
1, 1996, 110 Stat. 3010.
Ottawa National Wildlife Refuge Complex, Ohio.—Pub. L. 108–23, May 19,
2003, 117 Stat. 704.
Oxbow National Wildlife Refuge, Massachusetts.—Pub. L. 103–337, div. B,
title XXVIII, §2846, Oct. 5, 1994, 108 Stat. 3071; Pub. L. 104–106, div. B,
title XXVIII, §2853, Feb. 10, 1996, 110 Stat. 567.
Pettaquamscutt Cove National Wildlife Refuge, Rhode Island (see John H.
Chafee National Wildlife Refuge).
Pocosin Lakes National Wildlife Refuge, North Carolina.—Pub. L. 103–232,
title III, Apr. 11, 1994, 108 Stat. 339.
Protection Island National Wildlife Refuge, Washington.—Pub. L. 97–333, Oct.
15, 1982, 96 Stat. 1623.
Quillayute Needles National Wildlife Refuge, Washington.—Ex. Ord. No. 705,
Oct. 23, 1907; Proc. No. 2416, July 25, 1940, 54 Stat. 2717; Pub. L. 100–226,
§3, Dec. 31, 1987, 101 Stat. 1550.
Red River National Wildlife Refuge, Louisiana.—Pub. L. 106–300, Oct. 13,
2000, 114 Stat. 1055; Pub. L. 106–369, §9(c), Oct. 27, 2000, 114 Stat. 1419.
Rhode Island National Wildlife Refuge, Rhode Island.—Pub. L. 105–178, title
I, §1214(j), June 9, 1998, 112 Stat. 207.
Ridgefield National Wildlife Refuge, Washington.—Pub. L. 102–570, §1, Oct.
29, 1992, 106 Stat. 4489.
Rocky Flats National Wildlife Refuge, Colorado.—Pub. L. 107–107, div. C,
title XXXI, Dec. 28, 2001, 115 Stat. 1379; Pub. L. 109–163, div. C, title
XXXI, §3112(b)(7), Jan. 6, 2006, 119 Stat. 3541.
Rocky Mountain Arsenal National Wildlife Refuge, Colorado.—Pub. L. 102–
402, Oct. 9, 1992, 106 Stat. 1961; Pub. L. 105–85, div. B, title XXVIII,
§2840, Nov. 18, 1997, 111 Stat. 2007; Pub. L. 114–328, div. B, title XXVIII,
§2829C, Dec. 23, 2016, 130 Stat. 2731.
Sachuest Point National Wildlife Refuge, Rhode Island.—Pub. L. 105–178, title
I, §1214(f), (h), June 9, 1998, 112 Stat. 206, 207.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

23/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

Sailors' Snug Harbor National Wildlife Refuge, New York.—Pub. L. 96–315,
§2, July 25, 1980, 94 Stat. 957.
St. Marks National Wildlife Refuge, Florida.—Pub. L. 109–241, title V, §504,
July 11, 2006, 120 Stat. 551.
Sam D. Hamilton Noxubee National Wildlife Refuge (former Noxubee National
Wildlife Refuge), Mississippi.—Pub. L. 112–94, Feb. 14, 2012, 126 Stat. 10.
San Diego National Wildlife Refuge, California.—Pub. L. 106–398, §1 [div. B,
title XXVIII, §2848], Oct. 30, 2000, 114 Stat. 1654, 1654A–426.
Seal Beach National Wildlife Refuge, California.—Pub. L. 92–408, Aug. 29,
1972, 86 Stat. 633.
Selawik National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(7),
Dec. 2, 1980, 94 Stat. 2387.
Senator Dale Bumpers White River National Wildlife Refuge (former White
River National Wildlife Refuge), Arkansas.—Pub. L. 102–584, §§1–5, Nov.
2, 1992, 106 Stat. 4937–4941; Pub. L. 113–76, div. G, title I, §120, Jan. 17,
2014, 128 Stat. 314.
Silvio Conte National Fish and Wildlife Refuge, Connecticut, Massachusetts,
New Hampshire, and Vermont.—Pub. L. 102–212, title I, Dec. 11, 1991, 105
Stat. 1655.
Sonny Bono Salton Sea National Wildlife Refuge, California.—Pub. L. 105–
372, title I, §103, Nov. 12, 1998, 112 Stat. 3380.
Stewart B. McKinney National Wildlife Refuge, Connecticut.—Pub. L. 98–548,
title II, Oct. 26, 1984, 98 Stat. 2774; Pub. L. 100–38, May 13, 1987, 101 Stat.
306; Pub. L. 101–443, §2, Oct. 19, 1990, 104 Stat. 1028.
Stillwater National Wildlife Refuge, Nevada.—Pub. L. 101–618, title II,
§206(b), Nov. 16, 1990, 104 Stat. 3309.
Tensas River National Wildlife Refuge, Louisiana.—Pub. L. 96–285, June 28,
1980, 94 Stat. 595; Pub. L. 99–191, §2, Dec. 19, 1985, 99 Stat. 1327; Pub. L.
104–253, §1, Oct. 9, 1996, 110 Stat. 3167.
Tetlin National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §302(8),
Dec. 2, 1980, 94 Stat. 2388.
Theodore Roosevelt National Wildlife Refuge, Mississippi.—Pub. L. 108–199,
div. H, §145, Jan. 23, 2004, 118 Stat. 443.
Theodore Roosevelt National Wildlife Refuge Complex (former Central
Mississippi National Wildlife Refuge Complex), Mississippi.—Pub. L. 108–
199, div. H, §145(g)(2), Jan. 23, 2004, 118 Stat. 444.
Tinicum National Environmental Center (see John Heinz National Wildlife
Refuge at Tinicum).
Togiak National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III, §303(6),
Dec. 2, 1980, 94 Stat. 2392.
Waccamaw National Wildlife Refuge, South Carolina.—Pub. L. 107–63, title I,
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

24/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

Nov. 5, 2001, 115 Stat. 420.
Wallkill River National Wildlife Refuge, New Jersey.—Pub. L. 101–593, title I,
§107, Nov. 16, 1990, 104 Stat. 2955.
Wertheim National Wildlife Refuge, New York.—Pub. L. 106–113, div. B,
§1000(a)(5) [title II, §222], Nov. 29, 1999, 113 Stat. 1536, 1501A–299.
White River National Wildlife Refuge, Arkansas (see Senator Dale Bumpers
White River National Wildlife Refuge).
Wyandotte National Wildlife Refuge, Michigan (see Detroit River International
Wildlife Refuge).
Yukon Delta National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III,
§303(7), Dec. 2, 1980, 94 Stat. 2392; Pub. L. 108–129, Nov. 17, 2003, 117
Stat. 1358.
Yukon Flats National Wildlife Refuge, Alaska.—Pub. L. 96–498, title III,
§302(9), Dec. 2, 1980, 94 Stat. 2388.

National Wildlife Conservation Area

Falls of the Ohio National Wildlife Conservation Area, Kentucky.—Pub. L. 97–
137, title II, Dec. 29, 1981, 95 Stat. 1710; Pub. L. 98–613, §10(c), (d), Oct.
31, 1984, 98 Stat. 3191; Pub. L. 105–146, §2, Dec. 16, 1997, 111 Stat. 2672.
National Environmental Centers

Tinicum National Environmental Center, Pennsylvania.—Pub. L. 92–326, June
30, 1972, 86 Stat. 391; renamed John Heinz National Wildlife Refuge at
Tinicum, Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 995.
Ex. Ord. No. 12996. Management and General Public Use of National Wildlife Refuge System
Ex. Ord. No. 12996, Mar. 25, 1996, 61 F.R. 13647, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America,
and in furtherance of the purposes of the Fish and Wildlife Act of 1956 (16 U.S.C. 742a [et seq.]), the Fish and
Wildlife Coordination Act (16 U.S.C. 661 [et seq.]), the National Wildlife Refuge System Administration Act
(16 U.S.C. 668dd [, 668ee]), the Refuge Recreation Act (16 U.S.C. 460k [et seq.]), the Endangered Species
Act of 1973 (16 U.S.C. 1531 [et seq.]), the Emergency Wetlands Resources Act (16 U.S.C. 3901 [et seq.]), the
North American Wetlands Conservation Act (16 U.S.C. 4401 [et seq.]), the National Environmental Policy
Act (42 U.S.C. 4321 [et seq.]), and other pertinent statutes, and in order to conserve fish and wildlife and their
habitat, it is ordered as follows:
Section 1. The Mission of the National Wildlife Refuge System. The mission of the National Wildlife
Refuge System ("Refuge System") is to preserve a national network of lands and waters for the conservation
and management of fish, wildlife, and plant resources of the United States for the benefit of present and future
generations.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

25/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

Sec. 2. Guiding Principles. To help ensure a bright future for its treasured national heritage, I hereby affirm
the following four guiding principles for the management and general public use of the Refuge System:
(a) Public Use. The Refuge System provides important opportunities for compatible wildlife-dependent
recreational activities involving hunting, fishing, wildlife observation and photography, and environmental
education and interpretation.
(b) Habitat. Fish and wildlife will not prosper without high-quality habitat, and without fish and wildlife,
traditional uses of refuges cannot be sustained. The Refuge System will continue to conserve and enhance the
quality and diversity of fish and wildlife habitat within refuges.
(c) Partnerships. America's sportsmen and women were the first partners who insisted on protecting
valuable wildlife habitat within wildlife refuges. Conservation partnerships with other Federal agencies, State
agencies, Tribes, organizations, industry, and the general public can make significant contributions to the
growth and management of the Refuge System.
(d) Public Involvement. The public should be given a full and open opportunity to participate in decisions
regarding acquisition and management of our National Wildlife Refuges.
Sec. 3. Directives to the Secretary of the Interior. To the extent consistent with existing laws and
interagency agreements, the Secretary of the Interior, in carrying out his trustee and stewardship
responsibilities for the Refuge System, is directed to:
(a) recognize compatible wildlife-dependent recreational activities involving hunting, fishing, wildlife
observation and photography, and environmental education and interpretation as priority general public uses
of the Refuge System through which the American public can develop an appreciation for fish and wildlife;
(b) provide expanded opportunities for these priority public uses within the Refuge System when they are
compatible and consistent with sound principles of fish and wildlife management, and are otherwise in the
public interest;
(c) ensure that such priority public uses receive enhanced attention in planning and management within the
Refuge System;
(d) provide increased opportunities for families to experience wildlife-dependent recreation, particularly
opportunities for parents and their children to safely engage in traditional outdoor activities, such as fishing
and hunting;
(e) ensure that the biological integrity and environmental health of the Refuge System is maintained for the
benefit of present and future generations of Americans;
(f) continue, consistent with existing laws and interagency agreements, authorized or permitted uses of units
of the Refuge System by other Federal agencies, including those necessary to facilitate military preparedness;
(g) plan and direct the continued growth of the Refuge System in a manner that is best designed to
accomplish the mission of the Refuge System, to contribute to the conservation of the ecosystems of the
United States, and to increase support for the Refuge System and participation from conservation partners and
the public;
(h) ensure timely and effective cooperation and collaboration with Federal agencies and State fish and
wildlife agencies during the course of acquiring and managing National Wildlife Refuges;
(i) ensure appropriate public involvement opportunities will be provided in conjunction with refuge
planning and management activities; and
(j) identify, prior to acquisition, existing compatible wildlife-dependent uses of new refuge lands that shall
be permitted to continue on an interim basis pending completion of comprehensive planning.
Sec. 4. Judicial Review. This order does not create any right or benefit, substantive or procedural,
enforceable at law or equity by a party against the United States, its agencies, its officers, or any person.

William J. Clinton.      

§668ee. Definitions
For purposes of this Act:
(1) The term "compatible use" means a wildlife-dependent recreational use
or any other use of a refuge that, in the sound professional judgment of the
Director, will not materially interfere with or detract from the fulfillment of
the mission of the System or the purposes of the refuge.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

26/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

(2) The terms "wildlife-dependent recreation" and "wildlife-dependent
recreational use" mean a use of a refuge involving hunting, fishing, wildlife
observation and photography, or environmental education and interpretation.
(3) The term "sound professional judgment" means a finding,
determination, or decision that is consistent with principles of sound fish and
wildlife management and administration, available science and resources, and
adherence to the requirements of this Act and other applicable laws.
(4) The terms "conserving", "conservation", "manage", "managing", and
"management", mean to sustain and, where appropriate, restore and enhance,
healthy populations of fish, wildlife, and plants utilizing, in accordance with
applicable Federal and State laws, methods and procedures associated with
modern scientific resource programs. Such methods and procedures include,
consistent with the provisions of this Act, protection, research, census, law
enforcement, habitat management, propagation, live trapping and
transplantation, and regulated taking.
(5) The term "Coordination Area" means a wildlife management area that is
made available to a State—
(A) by cooperative agreement between the United States Fish and
Wildlife Service and a State agency having control over wildlife resources
pursuant to section 664 of this title; or
(B) by long-term leases or agreements pursuant to title III of the
Bankhead-Jones Farm Tenant Act (50 Stat. 525; 7 U.S.C. 1010 et seq.).
(6) The term "Director" means the Director of the United States Fish and
Wildlife Service or a designee of that Director.
(7) The terms "fish", "wildlife", and "fish and wildlife" mean any wild
member of the animal kingdom whether alive or dead, and regardless of
whether the member was bred, hatched, or born in captivity, including a part,
product, egg, or offspring of the member.
(8) The term "person" means any individual, partnership, corporation, or
association.
(9) The term "plant" means any member of the plant kingdom in a wild,
unconfined state, including any plant community, seed, root, or other part of a
plant.
(10) The terms "purposes of the refuge" and "purposes of each refuge"
mean the purposes specified in or derived from the law, proclamation,
executive order, agreement, public land order, donation document, or
administrative memorandum establishing, authorizing, or expanding a refuge,
refuge unit, or refuge subunit.
(11) The term "refuge" means a designated area of land, water, or an
interest in land or water within the System, but does not include Coordination
Areas.
https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

27/28

8/17/22, 1:48 PM

U.S.C. Title 16 - CONSERVATION

(12) The term "Secretary" means the Secretary of the Interior.
(13) The terms "State" and "United States" mean the several States of the
United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, and
the territories and possessions of the United States.
(14) The term "System" means the National Wildlife Refuge System
designated under section 668dd(a)(1) of this title.
(15) The terms "take", "taking", and "taken" mean to pursue, hunt, shoot,
capture, collect, or kill, or to attempt to pursue, hunt, shoot, capture, collect, or
kill.
(Pub. L. 89–669, §5, Oct. 15, 1966, 80 Stat. 929; Pub. L. 105–57, §3(a), Oct. 9,
1997, 111 Stat. 1253.)
References in Text
This Act, referred to in text, means Pub. L. 89–669, Oct. 15, 1966, 80 Stat. 927, as amended, 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 Bankhead-Jones Farm Tenant Act, referred to in par. (5)(B), is act July 22, 1937, ch. 517, 50 Stat. 522,
as amended. Title III of the Act is classified generally to subchapter III (§1010 et seq.) of chapter 33 of Title 7,
Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1000
of Title 7 and Tables.
Amendments
1997—Pub. L. 105–57 inserted section catchline and amended text generally. Prior to amendment, text read
as follows:
"(a) The term 'person' as used in this Act means any individual, partnership, corporation, or association.
"(b) The terms 'take' or 'taking' or 'taken' as used in this Act mean to pursue, hunt, shoot, capture, collect,
kill, or attempt to pursue, hunt, shoot, capture, collect, or kill.
"(c) The terms 'State' and the 'United States' as used in this Act mean the several States of the United States,
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, and Guam."

§§668ff to 668jj. Omitted
Sections, Pub. L. 92–330, June 30, 1972, 86 Stat. 399, which established San Francisco Bay National
Wildlife Refuge to be administered by Secretary of the Interior in accordance with the National Wildlife
Refuge System Administration Act, have been omitted because of the limited scope of the subject matter. The
San Francisco Bay National Wildlife Refuge [now Don Edwards San Francisco Bay National Wildlife
Refuge] has been set out in the table of National Wildlife Refuges under section 668dd of this title.

§§668kk to 668ss. Omitted
Sections, Pub. L. 94–466, Oct. 8, 1976, 90 Stat. 1992, which established Minnesota Valley National
Wildlife Refuge to be administered by Secretary of the Interior in accordance with the National Wildlife
Refuge System Administration Act, have been omitted because of the limited scope of the subject matter. The
Minnesota National Wildlife Refuge has been set out in the table of National Wildlife Refuges under section
668dd of this title.

https://www.govinfo.gov/content/pkg/USCODE-2020-title16/html/USCODE-2020-title16-chap5A-subchapIII.htm

28/28