WHY CREATE ANOTHER REFUGE?

group of Atlantic salmon
USFWS photo

CONTE - NOT JUST ANOTHER ORDINARY REFUGE

The Silvio O. Conte National Fish and Wildlife Refuge is no ordinary Refuge! The Connecticut River watershed, 7.2 million acres in four states, is larger and more heavily populated than areas usually considered when creating a refuge. The purposes of the refuge are also much broader than usual. The Conte Refuge is one of the few fish and wildlife refuges, and protecting natural diversity is a new scientific and social challenge. Recognizing that land acquisition alone cannot meet this challenge, the Conte Refuge's primary action is to involve the people of the watershed, especially landowners and land managers, in environmental education programs and cooperative management projects. The Conte Refuge may become the model for refuges of the future.

The Conte Refuge will join the 92 million acre national refuge system, a system with a proud heritage of protecting plants, fish, and wildlife. The national refuge system is operated by the United States Fish and Wildlife Service. The Service's mission is to conserve, protect and enhance the nation's fish and wildlife and their habitats for the continuing benefit of people.

CONTE REFUGE BACKGROUND

In 1991, the Silvio O. Conte National Fish and Wildlife Refuge Act was signed by President Bush. The law charged the Fish and Wildlife Service with an important task; to study the entire 7.2 million acre Connecticut River watershed and create a new national fish and wildlife refuge.

THINKING
Project planners were faced with many questions. What about the two million people living and working within the watershed? What about all the state and local agencies and organizations already benefitting fish and wildlife here? How could the Service, with a limited budget for land acquisition, hope to acquire enough land to make a difference? Could enough land be protected to benefit species which require large areas of continuous habitat? Could enough land be protected to benefit migrating birds? Was acquiring land the only or best solution? Was there a way to better manage all the land already held for conservation purposes? Was there a way to encourage and assist private landowners so they could contribute to the effort? What about multi-species management? What about aquatic species, like fish and freshwater mussels? Were there other issues and problems? What were the solutions?

LISTENING
Project planners started listening to people, asking for their ideas and discussing this exciting challenge. They met with many groups and agencies to understand problems, issues, and programs throughout the watershed. There were many successful programs to consider. They listened to peoples' thoughts, aspirations for the future, feelings, frustrations, and worries. The message from the public was consistent and clear. In the Yankee tradition, the people of the watershed were proud of their past land stewardship and were anxious to undertake future challenges themselves. Instead of passively stepping aside and letting someone else meet the challenge, they asked for support to help them do the job.

ASSESSING
Biologists gathered information about the watershed's biological resources and assembled it in a Geographic Information System. This computerized approach allowed them to see the watershed-wide view and more easily analyze data. Many species are very abundant. However, rapid urbanization of the southern half of the watershed has resulted in a great deal of habitat loss. This loss occurs directly as developments replace vegetation, and indirectly as the remaining habitat is fragmented into small, isolated patches. Many species of concern to the Service and the Conte Refuge have been impacted by habitat loss and fragmentation. Ten species within the watershed are currently federally-listed as endangered or threatened, with another 18 considered at risk of becoming endangered or threatened. Sixty-eight species have disappeared from the watershed relatively recently. Two hundred and ninety species are rare throughout the watershed. In addition, many species of migratory birds are experiencing declining populations. It became apparent that more habitat protection and management were necessary to stop the loss of natural diversity.

DECIDING The planning team used what they learned to design a new refuge, not just another refuge. This refuge will take a multifaceted approach; an approach that will maximize the effectiveness of all the organizations and people that are contributing to conservation in the Connecticut River watershed.

SPECIAL FOCUS AREAS
Based on the biological information, roughly 180,000 acres of " special focus areas were identified. These areas contribute substantially or in unique ways to supporting natural diversity in the watershed. Some tracts within these areas are already in conservation ownership, but may need additional management to reach their full habitat potential. Other tracts may need to be protected and managed.

Special Focus Areas provide the following biological values:

In addition to the Special Focus Areas, many small, scattered sites of critical importance to single rare species were identified.

The Silvio O. Conte National Fish and Wildlife Refuge Act.

PUBLIC LAW 102

H.R. 794

One hundred Second Congress of the United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Thursday, the third day of January, one thousand nine hundred and ninety one

An Act

To establish the Silvio O. Conte National Fish and Wildlife Refuge along the Connecticut River, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE 1-SILVIO O. CONTE NATIONAL FISH AND WILDLIFE REFUGE ACT

SECTION 101. SHORT TITLE.

This title may be cited as the Silvio O. Conte National Fish and Wildlife Refuge Act.

SEC. 102. FINDINGS.

The Congress finds and declares the following:

(1) The late Silvio Conte was a longtime champion of the preservation of natural resources, including the Connecticut River, shepherding through Congress legislation meant to restore the river and its wildlife to health.

(2) The Connecticut River and its riparian lands are unique environmental resources which provide habitat for significant anadromous, migratory, and resident fish; migratory waterfowl; and other wildlife species, including such threatened or endangered species as the shortnosed sturgeon and bald eagle.

(3) Federal, State, and local governments have spent over $600,000,000 to clean up the Connecticut river and improve the quality of its fish and wildlife habitat, resulting in the reestablishment or improvement of the populations of many species such as the Atlantic salmon, American shad, bald eagle, and peregrine falcon.

(4) The Connecticut River valley is home to over two million people, and accordingly the river and riparian lands are of great value for environmental education and natural resource based recreation.

(5) The Connecticut River valley is threatened with spoilation, removal from public access, and ecological downgrading and is a significant source of energy and means of commerce for New England.

(6) Despoiling the Connecticut River and its riparian lands will result in the permanent loss of unique social, educational, and environmental assets and will devalue the significant Federal, State, and local investments made to clean up the river.

SEC. 103. DEFINITIONS.

For the purposes of this Act-

(1) the term affected States means the Commonwealth of Massachusetts, and the States of Vermont, New Hampshire, and Connecticut;

(2) the term refuge means the Silvio Conte National Fish and Wildlife Refuge established under section 106 of this Act;

(3) the term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, and

(4) the term selection area means the lands and waters of the Connecticut River basin, including the main stem of the river and its tributaries from its source at Fourth Connecticut Lake to Long Island Sound.

SEC. 104. PURPOSES.

The purposes for which the refuge is established are-

(1) to conserve, protect, and enhance the Connecticut River valley populations of Atlantic salmon, American shad, river herring, shortnosed sturgeon, bald eagles, peregrine falcons, osprey, black ducks, and other native species of plants, fish, and wildlife;

(2) to conserve, protect and enhance the natural diversity and abundance of plant, fish and wildlife species and the ecosystems upon which these species depend within the refuge;

(3) to protect species listed as endangered or threatened, or identified as candidates for listing, pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.);

(4) to restore and maintain the chemical, physical, and biological integrity of wetlands and other waters within the refuge;

(5) to fulfill the international treaty obligations of the United States relating to fish and wildlife and wetlands; and

(6) to provide opportunities for scientific research, environmental education, and fish and wildlifeoriented recreation and access to the extent compatible with the other purposes stated in this section.

SEC. 105. SELECTION OF LANDS.

Within three years after the date of the enactment of this Act, the Secretary shall-

(1) consult with appropriate State and local officials, including those representing State government natural heritage inventory agencies, the Long Island Sound management Conference as established under the National Estuary Program, private conservation organizations, and other interested parties in designating the refuge boundaries;

(2) define and designate the refuge boundaries, including all subunits, within the selection area that would fulfill the purposes set forth in section 104 of this Act; and

(3) prepare a detailed map depicting the refuge boundaries designated under paragraph (2), which the Secretary shall keep on file and available for public inspection at offices of the United States Fish and Wildlife Service, and publish notice in the Federal Register of such availability.

SEC. 106. ACQUISITION AND ESTABLISHMENT OF REFUGE

(a) ACQUISITION.-To the extent authorized under the Fish and Wildlife Act of 1956 (16 U.S.C. 742fa5), the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460k411), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Migratory Bird Conservation Act (16 U.S.C. 715715s), the Emergency Wetlands Resources Act of 1986, as amended (16 U.S.C. 3901 et seq.), the North American Wetlands Conservation Act (16 U.S.C. 44014413), and other existing laws, the Secretary may acquire for inclusion in the refuge by purchase or donation such lands and waters or interests therein (including permanent conservation easements) within the boundaries defined and designated under section 105 of this Act. All lands, waters, and interests therein so acquired shall be part of the refuge.

(b) ESTABLISHMENT.-When sufficient property within the boundaries defined and designated under section 105 of this Act have been acquired to constitute an area that can be effectively managed as a refuge, the Secretary shall establish the refuge, to be named the Silvio Conte National Fish and Wildlife Refuge, by publishing a notice to that effect in the Federal Register and publications of local circulation.

(c) BOUNDARY REVISIONS.-The Secretary may make such minor revisions in the boundaries of the refuge defined and designated under section 105 of this Act as may be appropriate to carry out the purposes of this Act or to facilitate the acquisition of property within the refuge.

(d) INTERIM REPORT TO CONGRESS.-Within one year of the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works in the United States Senate and the Committee on Merchant Marine and Fisheries in the United States House of Representatives a report describing those lands and waters that the Secretary proposes to acquire under the Fish and Wildlife Act of 1956 (16 U.S.C. 742fa5), the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460k411), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Migratory Bird Conservation Act (16 U.S.C. 715715s), the Emergency Wetlands Resources Act of 1986, as amended (16 U.S.C. 3901 et seq.), the North American Wetlands Conservation Act (16 U.S.C. 44014413), and other existing laws for inclusion in the refuge at a subsequent time. The Secretary also shall include in the report an estimate of the total number of acres of lands or waters or interests therein that may be acquired for inclusion within the refuge boundaries under the authority of this Act and other existing laws and the approximate cost of such acquisition.

SEC. 107. ADMINISTRATION.

(a) IN GENERAL.-The Secretary shall administer all lands, waters, and interests therein acquired under section 106 pursuant to-

(1) the provisions of the national Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd668ee) and the Refuge Recreation Act (16 U.S.C. 460k460k4);and

(2) the purposes for which the refuge is established, as set forth in section 104 of this Act.

(b) OUTREACH AND EDUCATION.-The Secretary shall work with, provide technical assistance to, provide community outreach and education programs for or with, or enter into cooperative agreements with private landowners, State and local governments or agencies, and conservation organizations to further the purposes for which the refuge is established, as set forth in section 104 of this Act.

(c) USE OF OTHER AUTHORITY.-The Secretary may utilize such other statutory authority as may be available to the Secretary for the conservation and development of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretive education, as the Secretary considers appropriate to carry out the purposes of the refuge as set forth in section 104 of this Act.

SEC. 108. SILVIO CONTE NATIONAL FISH AND WILDLIFE REFUGE ADVISORY COMMITTEE.

(a) ESTABLISHMENT AND FUNCTIONS.-Within three months after the date of enactment of this Act, the Secretary shall establish a committee to be known as the Silvio Conte National Fish and Wildlife Refuge Advisory Committee (hereinafter referred to as the Advisory Committee) which shall assist the Secretary on community outreach and education programs that further the purposes of the refuge.

(b) MEMBERSHIP; TERMS.-The Advisory Committee shall be composed of fifteen members, each appointed by the Secretary within three months of the date of enactment of this Act for a term not to exceed three years, as follows:

(1) four members, including one from each of the affected States, to be recommended by the Governor of each State as representing the cities or towns bordering the Connecticut River and its tributaries;

(2) four members, including one from each of the affected States, to be recommended by the Governor of each State as representing State agencies with responsibility for conservation or water quality programs;

(3) four members, including one form each of the affected States, to be appointed from recommendations made by the Governor of that affected State, who shall represent nonprofit conservation organizations or citizen groups with direct interest in the purposes of the refuge;

(4) one member of the Long Island Sound Management Conference; and

(5) two members to be designated by the Secretary, including one who represents the energy and commerce interests associated with the Connecticut River.

(c) CHAIRMAN.-The Advisory Committee shall elect one member of the Advisory Committee to be its chairman.

(d) VACANCIES.-Any vacancy in the Advisory Committee shall be filled in the same manner in which the original appointment was made.

(e) COMPENSATION.-A member of the Advisory Committee shall not receive any compensation for service on the committee.

(f) MAJORITY VOTE.-The Advisory Committee shall act by affirmative vote of a majority of the members thereof.

SEC. 109. INTERPRETATION AND EDUCATION CENTER

(a) IN GENERAL.-The Secretary is authorized to construct, administer, and maintain at appropriate sites within the refuge, or pursuant to subsection (b) cooperate in the construction, operation and maintenance at an appropriate site, not more than four aquatic resources and wildlife interpretation and education centers, known as Silvio Conte National Fish and Wildlife Refuge Education Centers, along with administrative facilities, to provide opportunities for the study, understanding, and enjoyment of aquatic resources and wildlife in its natural habitats.

(b) COOPERATIVE AGREEMENTS.-The Secretary is authorized-

(1) to enter agreements to share the construction and operation of and the land acquisition for the center, including the costs thereof, with State and local governments and other public and private entities;

(2) to utilize appropriated or donated funds for construction, operation and maintenance expenses: Provided, That Federal interests arising from such expenditures are protected by a longterm lease, agreement, or transfer of property interest; and

(3) to interpret the Connecticut River's aquatic and wildlife resources in the context of the region's cultural, geological, and ecological history.

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out the purposes of this Act.

TITLE II-MISCELLANEOUS PROVISIONS

SEC. 201. ESTABLISHMENT AND TERMS OF SILVIO O. CONTE MEMORIAL SCHOLARSHIP FUND.

(a) IN GENERAL.-In recognition of Silvio O. Conte's longstanding contribution and devotion to the conservation of our Nation's natural resources, and his lifelong commitment to education, the Director of the United States Fish and Wildlife Service, hereinafter referred to as the Director, is authorized to enter into an agreement with the National Fish and Wildlife Foundation, hereinafter referred to as the Foundation, and the University of Massachusetts/Amherst, hereinafter referred to as the University, to establish the Silvio O. Conte Memorial Scholarship Fund. The purpose of the agreement is to encourage students to enter the fields of fisheries and wildlife ecology and conservation, natural resources policy and administration, or ecology by establishing a scholarship fund at the University.

(b) TERMS OF AGREEMENT.-Notwithstanding the provisions of the Federal Grant and cooperative Agreements Act of 1977 (31 U.S.C. 63016308), the agreement authorized under subsection (a) of this section shall direct that the University shall-

(1) establish the Silvio O. Conte Memorial Scholarship Fund for the purpose of awarding scholarships for a period not exceeding three years to eligible candidates in advanced degree programs in the fields of fisheries and wildlife ecology and conservation, natural resources policy and administration, or ecology;

(2) invest funds provided by the Director, the Foundation and any other contributors in interestbearing accounts;

(3) award scholarships annually utilizing the interest generated from such investment accounts minus the amount equal to inflation;

(4) match the scholarship awards with inkind contributions of equal value, such as waivers of tuition or fees or the provision of other financial aid;

(5) establish eligibility criteria based upon financial needs, academic achievement, and potential contribution of the profession;

(6) announce the availability of the scholarship in a manner which ensures that it is widely distributed and that minority and socially disadvantaged candidates are made aware of the opportunity;

(7) upon request by the Director, make available the investment for his inspection; and

(8) prepare and provide to the Director annually a report regarding the expenditures from the investment accounts which shall include the number of scholarships awarded, the amount of each scholarship, and the share of each scholarship provided by the University.

(c) AUTHORIZATION.-The Director is authorized to make a onetime contribution of up to $50,000 to the University to establish the Silvio O. Conte Memorial Scholarship Fund.

(d) TERMINATION OF AGREEMENT.-At such time as the parties agree to terminate the agreement authorized under subsection (a) of this section, the principle and interest in the account shall be deposited in the Migratory Bird Conservation Fund.