Exhibit 1

601 FW 1
Decision Process for Determining Refuge Purpose(s)

Supersedes Exhibit 1, Director’s Order 132,  01/18/01

Date:  July 26, 2006

Series: Refuge Management

Part 601: National Wildlife Refuge

System

Originating Office: Division of Conservation, Planning and Policy

 

 

PDF Version

 


 

DECISION PROCESS FOR DETERMINING REFUGE PURPOSE(S)

 

Step I.  Was the refuge established or authorized by a Secretarys Order, Executive order or proclamation, public land order, or specific legislation?

 

A.  YES.

 

1.  Does the document or legislation specify the purpose(s) of the refuge?

 

a.  YES - Record purpose(s) for approval and inclusion in the refuge purposes database.  GO to I.A.2.

 

b.  NO - Further research is required, including legislative history, agency testimony in the Congressional Record, documents approved by the Director or responsible Service official, or, lacking these, the biological history of the resource, inventories, other resource-based documentation.  Record the purpose(s) for inclusion in the refuge purposes database.  GO to I.A.2.

 

2.  Are any lands/waters in this refuge included under any other Secretarys Order, Executive order or proclamation, public land order, or specific legislation?

 

a.  YES - RETURN to I.A.1 for each such land or water.

 

b.  NO - GO to I.A.3.

 

3.  Are any lands/waters at this refuge included under additional authorities?

 

a.  YES - GO to Step II.

 

b.  NO - GO to Step III.

 

B.  NO - GO to Step II.

 

Step II.  Was the refuge established or acquired by one or more land acquisition authorities?

 

General Legislation Authorizing the Service to Purchase Land

 

1.  Migratory Bird Conservation Act of February 19, 1929 (16 U.S.C. 715-715d, 715e, 715f-715r), as amended.

 

2.  Migratory Bird Hunting and Conservation Stamp Act of March 16, 1934 (16 U.S.C. 718-718h), as amended.

 

3.  Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j), as amended.

 

4.  Refuge Recreation Act of September 28, 1962 (16 U.S.C. 460k-460k-4), as amended.


5.  Land and Water Conservation Fund (16 U.S.C. 4601-4601-11), as amended.

 

6.  Endangered Species Act of December 28, 1973 (16 U.S.C. 1531-1543), as amended.

 

7.  Emergency Wetlands Resources Act of November 10, 1986 (16 U.S.C. 3901-3931).

 

8.  North American Wetlands Conservation Act of December 13, 1989 (16 U.S.C. 4401-4412).

 

9.  Food Security Act of 1985 (Title XII, Public Law 99-198, 99 Stat. 1354, December 23, 1985), as amended.

 

10.  Agricultural Credit Act of 1987, Public Law 100-233.

 

Legislation Authorizing the Service to Accept Donations of Land

 

1.  Migratory Bird Conservation Act of February 19, 1929 (16 U.S.C. 715d), as amended.

 

2.  Migratory Bird Hunting and Conservation Stamp Act of March 16, 1934 (16 U.S.C. 718d), as amended.

 

3.  Fish and Wildlife Act of 1956 (16 U.S.C. 742f), as amended.

 

4.  Fish and Wildlife Coordination Act of March 10, 1934 (16 U.S.C. 661), as amended.

 

5.  Endangered Species Act of 1973 (16 U.S.C. 1534), as amended.

 

6.  National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668d-668j), as amended.

 

7.  Wilderness Act of 1964 (16 U.S.C. 1131-1136, 78 Stat. 890).

 

Legislation with Regard to Exchanging Lands

 

1.  National Wildlife Refuge System Administration Act of 1966, (16 U.S.C. 668dd(b)(3)), as amended.

 

2.  Migratory Bird Hunting and Conservation Stamp Act of March 16, 1934, (16 U.S.C. 718d(c)), as amended.

 

3.  Fish and Wildlife Act of 1956 (16 U.S.C. 742f), as amended.

 

4.  Federal Land Policy and Management Act of 1976, (43 U.S.C. 1716), as amended.

 

5.  Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3101-3233) Section 1302(h).

 

6.  Alaska Native Claims Settlement Act of 1971 as amended (48 U.S.C. prec. 21 note) Section 22(f), as amended.


7.  Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471-535 and other U.S.C. sections), as amended.

 

Legislation Authorizing the Service to Receive a Transfer of Land from Another Federal Agency

 

1.  Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471-535 and other U.S.C. sections), as amended.

 

2.  Transfer of Certain Real Property for Wildlife Conservation Purposes Act of May 19, 1948 (16 U.S.C. 667d), as amended.

 

3.  Fish and Wildlife Coordination Act of March 10, 1934 (16 U.S.C. 661-666c), as amended.

 

4.  Bankhead - Jones Farm Tenant Act of July 22, 1937 (7 U.S.C. 1010), as amended.

 

A.  YES.  The purpose(s) for acquisition is stated in the law and becomes the purpose(s) of the refuge.

 

1.  Record the purpose(s) for approval and inclusion in the refuge purposes database.  GO to II.A.2.

 

2.  Are any other lands/waters at the refuge included under the listed authorities?

 

a.  YES - RETURN to II.A.1.

 

b.  NO - GO to Step III.

 

B.  NO - GO to Step IV.

 

Step III.  Was the refuge donated/transferred to the Service?

 

A.  YES -  Research is required, including the legislation that grants authority for each donation/transfer; any biological reports on the refuge or adjacent area; a review of fish, wildlife, and plant species of significance using the refuge; consultation with the State fish and wildlife agency; and any conditions set forth in any instrument of donation/transfer.  Record the purpose(s) for approval and inclusion in the refuge purposes database.  GO to Step IV.

 

B.  NO - GO to Step IV.

 

Step IV.  Has Congress designated all or part of the refuge as wilderness?

 

A.  YES - Record the purposes of the Wilderness Act, and, where appropriate, any other purposes specified in the specific wilderness area legislation for inclusion in the refuge purposes database.

 

B.  NO - DONE.