16 U.S.C. § 670a — Cooperative plan for conservation and re-

Page 1204 TITLE 16—CONSERVATION § 670a Statutory Notes and Related Subsidiaries SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–85, div. B, title XXIX, § 2901, Nov. 18, 1997, 111 Stat. 2016, provided that: ‘‘This title [enacting this section and sections 670e–1 and 670e–2 of this title, amending sections 670a, 670b, 670c, 670c–1, 670f, and 670o of this title, repealing section 670a–1 of this title, and enacting provisions set out as notes under this section and section 670a of this title] may be cited as the ‘Sikes Act Improvement Act of 1997’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–420, § 1, Oct. 5, 1978, 92 Stat. 921, provided: ‘‘That this Act [amending sections 670f and 670o of this title] may be cited as the ‘Sikes Act Amendments of 1978’.’’ SHORT TITLE Pub. L. 86–797, § 1, as added by Pub. L. 105–85, div. B, title XXIX, § 2903, Nov. 18, 1997, 111 Stat. 2016, provided that: ‘‘This Act [enacting this chapter] may be cited as the ‘Sikes Act’.’’ § 670a. Cooperative plan for conservation and re- habilitation (a) Authority of Secretary of Defense (1) Program (A) In general The Secretary of Defense shall carry out a program to provide for the conservation and rehabilitation of natural resources on mili- tary installations. (B) Integrated natural resources manage- ment plan (i) To facilitate the program, the Sec- retary of each military department shall prepare and implement an integrated nat- ural resources management plan for each military installation in the United States under the jurisdiction of the Secretary, un- less the Secretary determines that the ab- sence of significant natural resources on a particular installation makes preparation of such a plan inappropriate. (ii) The Secretary of a military depart- ment may, subject to the availability of ap- propriations, develop and implement an in- tegrated natural resources management plan for a State-owned National Guard installa- tion. Such a plan shall be developed and im- plemented in coordination with the chief ex- ecutive officer of the State in which the State-owned National Guard installation is located. Such a plan is deemed, for purposes of any other provision of law, to be for lands or other geographical areas owned or con- trolled by the Department of Defense, or designated for its use. (2) Cooperative preparation The Secretary of a military department shall prepare each integrated natural re- sources management plan for which the Sec- retary is responsible in cooperation with the Secretary of the Interior, acting through the Director of the United States Fish and Wild- life Service, and the head of each appropriate State fish and wildlife agency for the State in which the military installation or State- owned National Guard installation concerned is located. Consistent with paragraph (4), the resulting plan for the military installation or State-owned National Guard installation shall reflect the mutual agreement of the parties concerning conservation, protection, and man- agement of fish and wildlife resources. (3) Purposes of program (A) Consistent with the use of military in- stallations and State-owned National Guard installations to ensure the preparedness of the Armed Forces, the Secretaries of the military departments shall carry out the program re- quired by this subsection to provide for— (i) the conservation and rehabilitation of natural resources on such installations; (ii) the use of natural and nature-based features to maintain or improve military in- stallation resilience; (iii) the sustainable multipurpose use of the resources on such installations, which shall include hunting, fishing, trapping, and nonconsumptive uses; and (iv) subject to safety requirements and military security, public access to military installations to facilitate the use. (B) In the case of a State-owned National Guard installation, such program shall be car- ried out in coordination with the chief execu- tive officer of the State in which the installa- tion is located. (4) Effect on other law Nothing in this subchapter— (A)(i) affects any provision of a Federal law governing the conservation or protec- tion of fish and wildlife resources; or (ii) enlarges or diminishes the responsi- bility and authority of any State for the pro- tection and management of fish and resident wildlife; or (B) except as specifically provided in the other provisions of this section and in sec- tion 670b of this title, authorizes the Sec- retary of a military department to require a Federal license or permit to hunt, fish, or trap on a military installation. (b) Required elements of plans Consistent with the use of military installa- tions and State-owned National Guard installa- tions to ensure the preparedness of the Armed Forces, each integrated natural resources man- agement plan prepared under subsection (a)— (1) shall, to the extent appropriate and appli- cable, provide for— (A) fish and wildlife management, land management, forest management, and fish- and wildlife-oriented recreation; (B) fish and wildlife habitat enhancement or modifications; (C) wetland protection, enhancement, and restoration, where necessary for support of fish, wildlife, or plants; (D) integration of, and consistency among, the various activities conducted under the plan; (E) establishment of specific natural re- source management goals and objectives and time frames for proposed action; (F) sustainable use by the public of natural resources to the extent that the use is not Page 1205 TITLE 16—CONSERVATION § 670a inconsistent with the needs of fish and wild- life resources; (G) public access to the installation that is necessary or appropriate for the use de- scribed in subparagraph (F), subject to re- quirements necessary to ensure safety and military security; (H) enforcement of applicable natural re- source laws (including regulations); (I) no net loss in the capability of installa- tion lands to support the military mission of the installation; and (J) such other activities as the Secretary of the military department determines ap- propriate; (2) must be reviewed as to operation and ef- fect by the parties thereto on a regular basis, but not less often than every 5 years; and (3) may, in the case of a military installa- tion, stipulate the issuance of special State hunting and fishing permits to individuals and require payment of nominal fees therefor, which fees shall be utilized for the protection, conservation, and management of fish and wildlife, including habitat improvement and related activities in accordance with the inte- grated natural resources management plan; except that— (A) the Commanding Officer of the instal- lation or persons designated by that Officer are authorized to enforce such special hunt- ing and fishing permits and to collect, spend, administer, and account for fees for the per- mits, acting as agent or agents for the State if the integrated natural resources manage- ment plan so provides, and (B) the fees collected under this paragraph may not be expended with respect to other than the military installation on which col- lected, unless the military installation is subsequently closed, in which case the fees may be transferred to another military in- stallation to be used for the same purposes. (c) Prohibitions on sale and lease of lands unless effects compatible with plan After an integrated natural resources manage- ment plan is agreed to under subsection (a)— (1) no sale of land, or forest products from land, that is within a military installation covered by that plan may be made under sec- tion 2665(a) or (b) of title 10; and (2) no leasing of land that is within the in- stallation may be made under section 2667 of such title 10; unless the effects of that sale or leasing are compatible with the purposes of the plan. (d) Implementation and enforcement of inte- grated natural resources management plans With regard to the implementation and en- forcement of integrated natural resources man- agement plans agreed to under subsection (a)— (1) neither Office of Management and Budget Circular A–76 nor any successor circular there- to applies to the procurement of services that are necessary for that implementation and en- forcement; and (2) priority shall be given to the entering into of contracts for the procurement of such implementation and enforcement services with Federal and State agencies having re- sponsibility for the conservation or manage- ment of fish or wildlife. (e) Applicability of other laws Integrated natural resources management plans agreed to under the authority of this sec- tion and section 670b of this title shall not be deemed to be, nor treated as, cooperative agree- ments to which chapter 63 of title 31 applies. (f) Reviews and reports (1) Secretary of Defense Not later than March 1 of each year, the Sec- retary of Defense shall review the extent to which integrated natural resources manage- ment plans were prepared or were in effect and implemented in accordance with this sub- chapter in the preceding year, and submit a report on the findings of the review to the committees. Each report shall include— (A) the number of integrated natural re- sources management plans in effect in the year covered by the report, including the date on which each plan was issued in final form or most recently revised; (B) the amounts expended on conservation activities conducted pursuant to the plans in the year covered by the report; and (C) an assessment of the extent to which the plans comply with this subchapter. (2) Secretary of the Interior Not later than March 1 of each year and in consultation with the heads of State fish and wildlife agencies, the Secretary of the Interior shall submit a report to the committees on the amounts expended by the Department of the Interior and the State fish and wildlife agencies in the year covered by the report on conservation activities conducted pursuant to integrated natural resources management plans. (3) ‘‘Committees’’ defined In this subsection, the term ‘‘committees’’ means— (A) the Committee on Resources and the Committee on Armed Services of the House of Representatives; and (B) the Committee on Armed Services and the Committee on Environment and Public Works of the Senate. (g) Program for invasive species management for military installations (1) Inclusion of invasive species management The Secretary of Defense shall, to the extent practicable and conducive to military readi- ness, incorporate in integrated natural re- sources management plans for military instal- lations the management, control, and eradi- cation of invasive species— (A) that are not native to the ecosystem of the military installation; and (B) the introduction of which cause or may cause harm to military readiness, the envi- ronment, or human health and safety. (2) Consultation The Secretary of Defense shall carry out this subsection in consultation with the Secretary of the Interior. Page 1206 TITLE 16—CONSERVATION § 670a (Pub. L. 86–797, title I, § 101, formerly § 1, Sept. 15, 1960, 74 Stat. 1052; renumbered title I, § 101, and amended Pub. L. 93–452, §§ 1(1), 3(1), (2), Oct. 18, 1974, 88 Stat. 1369, 1375; Pub. L. 97–396, § 1, Dec. 31, 1982, 96 Stat. 2005; Pub. L. 99–561, § 3(a)(1), Oct. 27, 1986, 100 Stat. 3150; Pub. L. 105–85, div. B, title XXIX, §§ 2904(a)–(b)(4), (c), 2906, 2907, 2913(2)–(4), Nov. 18, 1997, 111 Stat. 2017, 2018, 2020, 2022; Pub. L. 106–65, div. A, title X, § 1067(19), Oct. 5, 1999, 113 Stat. 775; Pub. L. 108–136, div. A, title III, § 311(c)(1), Nov. 24, 2003, 117 Stat. 1429; Pub. L. 111–84, div. A, title III, § 314, Oct. 28, 2009, 123 Stat. 2248; Pub. L. 112–81, div. A, title III, § 312(a)(2), (b)(1), Dec. 31, 2011, 125 Stat. 1352, 1353; Pub. L. 117–263, div. A, title III, § 387, Dec. 23, 2022, 136 Stat. 2546.) Editorial Notes AMENDMENTS 2022—Subsec. (a)(3)(A)(ii) to (iv). Pub. L. 117–263, § 387(a), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively. Subsec. (g). Pub. L. 117–263, § 387(b)(1), substituted ‘‘Program for invasive species management for mili- tary installations’’ for ‘‘Pilot program for invasive spe- cies management for military installations in Guam’’ in heading. Subsec. (g)(1). Pub. L. 117–263, § 387(b)(2), in introduc- tory provisions, substituted ‘‘The’’ for ‘‘During fiscal years 2009 through 2014, the’’ and struck out ‘‘in Guam’’ after ‘‘military installations’’. 2011—Pub. L. 112–81, § 312(b)(1)(A), (B), inserted sec- tion catchline. Subsec. (a)(1)(B). Pub. L. 112–81, § 312(a)(2)(A), des- ignated existing provisions as cl. (i) and added cl. (ii). Subsec. (a)(2). Pub. L. 112–81, § 312(a)(2)(B), inserted ‘‘or State-owned National Guard installation’’ after ‘‘military installation’’ in two places. Subsec. (a)(3)(A). Pub. L. 112–81, § 312(a)(2)(C)(i)–(v), designated introductory provisions as subpar. (A), re- designated former subpars. (A), (B), and (C) as cls. (i), (ii), and (iii), respectively, inserted ‘‘and State-owned National Guard installations’’ after ‘‘Consistent with the use of military installations’’, substituted ‘‘such in- stallations’’ for ‘‘military installations’’ in cl. (i), and inserted ‘‘on such installations’’ after ‘‘resources’’ in cl. (ii). Subsec. (a)(3)(B). Pub. L. 112–81, § 312(a)(2)(C)(vi), added subpar. (B). Subsec. (b). Pub. L. 112–81, § 312(a)(2)(D), inserted ‘‘and State-owned National Guard installations’’ after ‘‘mili- tary installations’’ in introductory provisions. Subsec. (b)(1)(G), (I). Pub. L. 112–81, § 312(a)(2)(E), sub- stituted ‘‘installation’’ for ‘‘military installation’’. Subsec. (b)(3). Pub. L. 112–81, § 312(a)(2)(F), inserted ‘‘, in the case of a military installation,’’ after ‘‘(3) may’’. Subsec. (c). Pub. L. 112–81, § 312(b)(1)(C), inserted heading. Subsec. (d). Pub. L. 112–81, § 312(b)(1)(D), inserted heading. Subsec. (e). Pub. L. 112–81, § 312(b)(1)(E)(ii), which di- rected insertion of a comma after ‘‘Code’’, could not be executed because the word ‘‘Code’’ did not appear. Pub. L. 112–81, § 312(b)(1)(E)(i), inserted heading. 2009—Subsec. (g)(1). Pub. L. 111–84 substituted ‘‘fiscal years 2009 through 2014’’ for ‘‘fiscal years 2004 through 2008’’ in introductory provisions. 2003—Subsec. (g). Pub. L. 108–136 added subsec. (g). 1999—Subsec. (f)(3)(A). Pub. L. 106–65 substituted ‘‘Committee on Armed Services’’ for ‘‘Committee on National Security’’. 1997—Subsec. (a). Pub. L. 105–85, § 2904(a), added sub- sec. (a) and struck out former subsec. (a) which read as follows: ‘‘The Secretary of Defense is authorized to carry out a program of planning for, and the develop- ment, maintenance, and coordination of, wildlife, fish, and game conservation and rehabilitation in each mili- tary reservation in accordance with a cooperative plan mutually agreed upon by the Secretary of Defense, the Secretary of the Interior, and the appropriate State agency designated by the State in which the reserva- tion is located.’’ Subsec. (b). Pub. L. 105–85, § 2904(c)(1), inserted head- ing and substituted, in introductory provisions, ‘‘Con- sistent with the use of military installations to ensure the preparedness of the Armed Forces, each integrated natural resources management plan prepared under subsection (a)—’’ for ‘‘Each cooperative plan entered into under subsection (a)—’’. Subsec. (b)(1). Pub. L. 105–85, § 2904(c)(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘shall provide for— ‘‘(A) fish and wildlife habitat improvements or modifications, ‘‘(B) range rehabilitation where necessary for sup- port of wildlife, ‘‘(C) control of off-road vehicle traffic, and ‘‘(D) specific habitat improvement projects and re- lated activities and adequate protection for species of fish, wildlife, and plants considered threatened or en- dangered;’’. Subsec. (b)(2). Pub. L. 105–85, § 2904(c)(2), inserted ‘‘and’’ at end. Subsec. (b)(3). Pub. L. 105–85, § 2904(c)(3), (4), redesig- nated par. (4) as (3) and struck out former par. (3) which read as follows: ‘‘shall, if a multiuse natural resources management plan is applicable to the military reserva- tion, be treated as the exclusive component of that management plan with respect to wildlife, fish, and game conservation and rehabilitation; and’’. Subsec. (b)(3)(A). Pub. L. 105–85, § 2913(2)(A), sub- stituted ‘‘the installation’’ for ‘‘the reservation’’. Pub. L. 105–85, § 2904(c)(5), substituted ‘‘collect, spend, administer, and account for fees for the permits,’’ for ‘‘collect the fees therefor,’’. Subsec. (b)(3)(B). Pub. L. 105–85, § 2912(2)(B), sub- stituted ‘‘the military installation on’’ for ‘‘the mili- tary reservation on’’. Pub. L. 105–85, § 2906, inserted before period at end ‘‘, unless the military installation is subsequently closed, in which case the fees may be transferred to an- other military installation to be used for the same pur- poses’’. Subsec. (b)(4). Pub. L. 105–85, § 2904(c)(4), redesignated par. (4) as (3). Pub. L. 105–85, § 2904(b)(1), substituted ‘‘integrated natural resources management plan’’ for ‘‘cooperative plan’’ in introductory provisions and in subpar. (A). Subsec. (c). Pub. L. 105–85, § 2904(b)(2), substituted ‘‘an integrated natural resources management plan’’ for ‘‘a cooperative plan’’ in introductory provisions. Subsec. (c)(1). Pub. L. 105–85, § 2913(3)(A), substituted ‘‘a military installation’’ for ‘‘a military reservation’’. Subsec. (c)(2). Pub. L. 105–85, § 2913(3)(B), substituted ‘‘the installation’’ for ‘‘the reservation’’. Subsec. (d). Pub. L. 105–85, § 2904(b)(3), substituted ‘‘integrated natural resources management plans’’ for ‘‘cooperative plans’’ in introductory provisions. Subsec. (e). Pub. L. 105–85, § 2913(4), substituted ‘‘chapter 63 of title 31’’ for ‘‘the Federal Grant and Co- operative Agreement Act of 1977 (41 U.S.C. 501 et seq.)’’. Pub. L. 105–85, § 2904(b)(4), substituted ‘‘Integrated natural resources management plans’’ for ‘‘Cooperative plans’’. Subsec. (f). Pub. L. 105–85, § 2907, added subsec. (f). 1986—Pub. L. 99–561 amended section generally. Prior to amendment, section read as follows: ‘‘The Secretary of Defense is hereby authorized to carry out a program of planning, development, maintenance and coordina- tion of wildlife, fish and game conservation and reha- bilitation in military reservations in accordance with a cooperative plan mutually agreed upon by the Sec- retary of Defense, the Secretary of Interior and the ap- propriate State agency designated by the State in which the reservation is located. Such cooperative plan Page 1207 TITLE 16—CONSERVATION § 670b shall provide for (1) fish and wildlife habitat improve- ments or modifications, (2) range rehabilitation where necessary for support of wildlife, (3) control of off-road vehicle traffic, and (4) specific habitat improvement projects and related activities and adequate protection for species of fish, wildlife, and plants considered threatened or endangered. Such cooperative plan may stipulate the issuance of special State hunting and fish- ing permits to individuals and require this payment of a nominal fee therefor, which fees shall be utilized for the protection, conservation and management of fish and wildlife, including habitat improvement and re- lated activities in accordance with the cooperative plan: Provided, That the Commanding Officer of the res- ervation or persons designated by him are authorized to enforce such special hunting and fishing permits and to collect the fees therefor, acting as agent or agents for the State if the cooperative plan so provides. Coop- erative plans agreed to under the authority of this sec- tion and section 670b of this title shall not be deemed to be, nor treated as, cooperative agreements to which chapter 63 of title 31 applies.’’ 1982—Pub. L. 97–396, § 1(1), added cl. (4). Pub. L. 97–396, § 1(2), inserted provision that coopera- tive plans agreed to under the authority of this section and section 670b of this title shall not be deemed to be, nor treated as, cooperative agreements to which chap- ter 63 of title 31 applies. 1974—Pub. L. 93–452, §§ 1(1), 3(2), inserted provisions requiring the cooperative plan to provide for fish and wildlife habitat improvements, range rehabilitation, and off-road vehicle traffic control. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hun- dred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–136, div. A, title III, § 311(c)(2), Nov. 24, 2003, 117 Stat. 1429, provided that: ‘‘Section 101(g) of the Sikes Act, as added by paragraph (1), [subsec. (g) of this section] shall apply— ‘‘(A) to any integrated natural resources manage- ment plan prepared for a military installation in Guam under section 101(a)(1) of such Act on or after the date of the enactment of this Act [Nov. 24, 2003]; and ‘‘(B) effective March 1, 2004, to any integrated nat- ural resources management plan prepared for a mili- tary installation in Guam under such section before the date of the enactment of this Act.’’ REVIEW FOR PREPARATION OF INTEGRATED NATURAL RESOURCES MANAGEMENT PLANS Pub. L. 105–85, div. B, title XXIX, § 2905, Nov. 18, 1997, 111 Stat. 2019, provided that: ‘‘(a) DEFINITIONS.—In this section, the terms ‘mili- tary installation’ and ‘United States’ have the mean- ings provided in section 100 of the Sikes Act [16 U.S.C. 670] (as added by section 2911). ‘‘(b) REVIEW OF MILITARY INSTALLATIONS.— ‘‘(1) REVIEW.—Not later than 270 days after the date of enactment of this Act [Nov. 18, 1997], the Secretary of each military department shall— ‘‘(A) review each military installation in the United States that is under the jurisdiction of that Secretary to determine the military installations for which the preparation of an integrated natural resources management plan under section 101 of the Sikes Act [16 U.S.C. 670a] (as amended by this title) is appropriate; and ‘‘(B) submit to the Secretary of Defense a report on the determinations. ‘‘(2) REPORT TO CONGRESS.—Not later than one year after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on the reviews conducted under paragraph (1). The report shall include— ‘‘(A) a list of the military installations reviewed under paragraph (1) for which the Secretary of the appropriate military department determines that the preparation of an integrated natural resources management plan is not appropriate; and ‘‘(B) for each of the military installations listed under subparagraph (A), an explanation of each rea- son such a plan is not appropriate. ‘‘(c) DEADLINE FOR INTEGRATED NATURAL RESOURCES MANAGEMENT PLANS.—Not later than three years after the date of the submission of the report required under subsection (b)(2), the Secretary of each military depart- ment shall, for each military installation with respect to which the Secretary has not determined under sub- section (b)(2)(A) that preparation of an integrated nat- ural resources management plan is not appropriate— ‘‘(1) prepare and begin implementing such a plan in accordance with section 101(a) of the Sikes Act [16 U.S.C. 670a(a)] (as amended by this title); or ‘‘(2) in the case of a military installation for which there is in effect a cooperative plan under section 101(a) of the Sikes Act on the day before the date of enactment of this Act [Nov. 18, 1997], complete nego- tiations with the Secretary of the Interior and the heads of the appropriate State agencies regarding changes to the plan that are necessary for the plan to constitute an integrated natural resources manage- ment plan that complies with that section, as amend- ed by this title. ‘‘(d) PUBLIC COMMENT.—The Secretary of each mili- tary department shall provide an opportunity for the submission of public comments on— ‘‘(1) integrated natural resources management plans proposed under subsection (c)(1); and ‘‘(2) changes to cooperative plans proposed under subsection (c)(2).’’ APPLICABILITY OF 1986 AMENDMENTS TO EXISTING CONTRACTS Pub. L. 99–561, § 3(a)(2), Oct. 27, 1986, 100 Stat. 3151, provided that: ‘‘Subsection (d)(1) of such section 101 (as added by paragraph (1) [16 U.S.C. 670a(d)(1)]) shall not affect any contract entered into before the date of the enactment of this Act [October 27, 1986] for the provi- sion of services to implement or enforce a cooperative plan under this Act [enacting section 670a–1 of this title and amending this section and sections 670f and 670o of this title and section 2665 of Title 10, Armed Forces] on any military installation; but shall apply to the re- newal, after such date of enactment, of any such con- tract.’’ § 670a–1. Repealed. Pub. L. 105–85, div. B, title XXIX, § 2912, Nov. 18, 1997, 111 Stat. 2022 Section, Pub. L. 99–561, § 2, Oct. 27, 1986, 100 Stat. 3149, related to natural resources and fish and wildlife man- agement on military reservations and required report on military expenditures for fish and wildlife manage- ment. § 670b. Migratory game birds; hunting permits (a) Integrated natural resources management plan The Secretary of Defense in cooperation with the Secretary of the Interior and the appro- priate State agency is authorized to carry out a program for the conservation, restoration and management of migratory game birds on mili- tary installations, including the issuance of spe- cial hunting permits and the collection of fees therefor, in accordance with an integrated nat- ural resources management plan mutually agreed upon by the Secretary of Defense, the