|Ohio River Islands National Wildlife Refuge|
Table of Contents
|Federal Laws and Mandates
Emergency Wetland Resources Act of 1986
This Act authorized the purchase of wetlands from Land and Water Conservation Fund moneys, removing a prior prohibition on such acquisitions. The Act also requires the Secretary to establish a National Wetlands Priority Conservation Plan, requires the States to include wetlands in their Comprehensive Outdoor Recreation Plans, and transfers to the Migratory Bird Conservation Fund amount equal to import duties on arms and ammunition.
Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended
Public Law 93-205, approved December 28, 1973, repealed the Endangered Species Conservation Act of December 5, 1969 (P.L. 91-135, 83 Stat. 275). The 1969 act had amended the Endangered Species Preservation Act of October 15, 1966 (P.L. 89-669, 80 Stat. 926). The 1973 Endangered Species Act provided for the conservation of ecosystems upon which threatened and endangered species of fish, wildlife, and plants depend, both through Federal action and by encouraging the establishment of State programs. The Act:
Environmental Education Act of 1990 (20 USC 5501-5510; 104 Stat. 3325)
Public Law 101-619, signed November 16, 1990, established the Office of Environmental Education within the Environmental Protection Agency to develop and administer a Federal environmental education program.
Responsibilities of the Office include developing and supporting programs to improve understanding of the natural and developed environment, and the relationships between humans and their environment; supporting the dissemination of educational materials; developing and supporting training programs and environmental education seminars; managing a Federal grant program; and administering an environmental internship and fellowship program. The Office is required to develop and support environmental programs in consultation with other Federal natural resource management agencies, including the Fish and Wildlife Service.
Executive Order 11988, Floodplain Management
The purpose of this Executive Order, signed May 24, 1977, is to prevent Federal agencies from contributing to the "adverse impacts associated with occupancy and modification of floodplains" and the "direct or indirect support of floodplain development." In the course of fulfilling their respective authorities, Federal agencies "shall take action to reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains.
Executive Order 13112, Invasive Species
The purpose of this Executive Order, signed on February 3, 1999, is to prevent the introduction of invasive species and provide for their control, as well as to minimize the economic, ecological, and human health impacts that invasive species cause. Under this Executive Order Federal agencies whose actions may affect the status of invasive species shall: (1) identify such actions, (2) use relevant programs and authorities to prevent, control, monitor, and research such species, and (3) not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere.
Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j, not including 742 d-l; 70 Stat. 1119), as amended --
The Act of August 8, 1956, as frequently amended, establishes a comprehensive national fish, shellfish, and wildlife resources policy with emphasis on the commercial fishing industry but also with a direction to administer the Act with regard to the inherent right of every citizen and resident to fish for pleasure, enjoyment, and betterment and to maintain and increase public opportunities for recreational use of fish and wildlife resources. Among other things, it directs a program of continuing research, extension, and information services on fish and wildlife matters, both domestically and internationally.
Section 7(a) of the Act (16 U.S.C. 742f; 70 Stat. 1122) requires the Secretary of the Interior to: 1) develop measures for "maximum sustainable production of fish"; 2) make economic studies of the industry and recommend measures to insure stability of the domestic fisheries; 3) undertake promotional and information activities to stimulate consumption of fishery products; 4) take steps "required for the development, advancement, management, conservation, and protection of the fisheries resources," and take steps "required for the development, management, advancement, conservation, and protection of fish and wildlife resources" through research, acquisition of land and water or interests therein, development of existing facilities, and other means. (Note: subsection 5 was amended and combined into subsection 4 by P.L. 95-616, November 8, 1978.).
Fish and Wildlife Improvement Act of 1978
This act was passed to improve the administration of fish and wildlife programs and amends amends several earlier laws, including the Refuge Recreation Act, the National Wildlife Refuge Administration Act, and the Fish and Wildlife Act of 1956. It authorizes the Secretary to accept gifts and bequests of real and personal property on behalf of the United States. It also authorizes the use of volunteers on Service projects and appropriations to carry out volunteer programs.
Historic Preservation Acts.
There are various laws for the preservation of historic sites and objects.
Antiquities Act (16 USC 431 - 433) -- The Act of June 8, 1906, (34 Stat. 225) authorizes the President to designate as National Monuments objects or areas of historic or scientific interest on lands owned or controlled by the United States. The Act required that a permit be obtained for examination of ruins, excavation of archaeological sites and the gathering of objects of antiquity on lands under the jurisdiction of the Secretaries of Interior, Agriculture, and Army, and provided penalties for violations.
Archaeological Resources Protection Act (16 U.S.C. 470aa - 470ll) -- Public Law 96-95, approved October 31, 1979, (93 Stat. 721) largely supplanted the resource protection provisions of the Antiquities Act for archaeological items.
This Act established detailed requirements for issuance of permits for any excavation for or removal of archaeological resources from Federal or Indian lands. It also established civil and criminal penalties for the unauthorized excavation, removal, or damage of any such resources; for any trafficking in such resources removed from Federal or Indian land in violation of any provision of Federal law; and for interstate and foreign commerce in such resources acquired, transported or received in violation of any State or local law.
Public Law 100-588, approved November 3, 1988, (102 Stat. 2983) lowered the threshold value of artifacts triggering the felony provisions of the Act from $5,000 to $500, made attempting to commit an action prohibited by the Act a violation, and required the land managing agencies to establish public awareness programs regarding the value of archaeological resources to the Nation.
Archeological and Historic Preservation Act (16 USC 469-469c) -- Public Law 86-523, approved June 27, 1960, (74 Stat. 220) as amended by Public Law 93-291, approved May 24, 1974, (88 Stat. 174) to carry out the policy established by the Historic Sites Act (see below), directed Federal agencies to notify the Secretary of the Interior whenever they find a Federal or Federally assisted, licensed or permitted project may cause loss or destruction of significant scientific, prehistoric or archaeologic data. The Act authorized use of appropriated, donated and/or transferred funds for the recovery, protection and preservation of such data.
Historic Sites, Buildings and Antiquities Act (16 USC 461-462, 464-467) -- The Act of August 21, 1935, (49 Stat. 666) popularly known as the Historic Sites Act, as amended by Public Law 89-249, approved October 9, 1965, (79 Stat. 971) declared it a national policy to preserve historic sites and objects of national significance, including those located on refuges. It provided procedures for designation, acquisition, administration and protection of such sites. Among other things, National Historic and Natural Landmarks are designated under authority of this Act. As of January, 1989, 31 national wildlife refuges contained such sites.
National Historic Preservation Act of 1966 (16 U.S.C. 470-470b, 470c-470n) -- Public Law 89-665, approved October 15, 1966, (80 Stat. 915) and repeatedly amended, provided for preservation of significant historical features (buildings, objects and sites) through a grant-in-aid program to the States. It established a National Register of Historic Places and a program of matching grants under the existing National Trust for Historic Preservation (16 U.S.C. 468-468d).
The Act established an Advisory Council on Historic Preservation, which was made a permanent independent agency in Public Law 94-422, approved September 28, 1976 (90 Stat. 1319). That Act also created the Historic Preservation Fund. Federal agencies are directed to take into account the effects of their actions on items or sites listed or eligible for listing in the National Register.
As of January, 1989, 91 historic sites on national wildlife refuges have been placed on the National Register.
Land and Water Conservation Fund Act of 1948
This act provides funding through receipts from the sale of surplus federal land, appropriations from oil and gas receipts from the outer continental shelf, and other sources of for land acquisition under several authorities. Appropriations from the fund may be used for matching grants to states for outdoor recreation projects and for land acquisition by various federal agencies, including the Fish and Wildlife Service.
Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718-718j, 48 Stat. 452), as amended
The "Duck Stamp Act," as this March 16, 1934, authority is commonly called, requires each waterfowl hunter 16 years of age or older to possess a valid Federal hunting stamp. Receipts from the sale of the stamp are deposited in a special Treasury account known as the Migratory Bird Conservation Fund and are not subject to appropriations.
Migratory Bird Treaty Act (16 U.S.C. §§ 703-712, July 3, 1918, as amended 1936, 1960, 1968, 1969, 1974, 1978, 1986 and 1989).
The Migratory Bird Treaty Act implements various treaties and conventions between the U.S. and Canada, Japan, Mexico and the former Soviet Union for the protection of migratory birds. Under the Act, taking, killing or possessing migratory birds is unlawful. Unless permitted by regulations, the Act provides that it is unlawful to pursue, hunt, take, capture or kill; attempt to take, capture or kill; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, exported, imported, transported, carried or received any migratory bird, part, nest, egg or product, manufactured or not.
National and Community Service Act of 1990 (42 USC 12401; 104 Stat. 3127)
Public Law 101-610, signed November 16, 1990, authorizes several programs to engage citizens of the U.S. in full- and/or part-time projects designed to combat illiteracy and poverty, provide job skills, enhance educational skills, and fulfill environmental needs. Several provisions are of particular interest to the U.S. Fish and Wildlife Service.
National and Community Service Act
Will make grants to States for the creation of full-time and/or part-time programs for citizens over 17 years of age. Programs must be designed to fill unmet educational, human, environmental, and public safety needs. Initially, participants will receive post-employment benefits of up to $1000 per year for part-time and $2500 for full-time participants.
National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, 83 Stat. 852) as amended by P.L. 94-52, July 3, 1975, 89 Stat. 258, and P.L. 94-83, August 9, 1975, 89 Stat. 424).
Title I of the 1969 National Environmental Policy Act (NEPA) requires that all Federal agencies prepare detailed environmental impact statements for "every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment."
The 1969 statute stipulated the factors to be considered in environmental impact statements, and required that Federal agencies employ an interdisciplinary approach in related decision-making and develop means to ensure that unquantified environmental values are given appropriate consideration, along with economic and technical considerations.
Title II of this statute requires annual reports on environmental quality from the President to the Congress, and established a Council on Environmental Quality in the Executive Office of the President with specific duties and functions.
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee) --
This Act, derived from sections 4 and 5 of Public Law 89-669 (October 15, 1966; 80 Stat. 927), provides guidelines and directives for administration and management of all areas in the system, including "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." The Secretary is authorized to permit by regulations the use of any area within the system provided "such uses are compatible with the major purposes for which such areas were established."
National Wildlife Refuge System Improvement Act of 1997
Public Law 105-57, amends the National Wildlife System Act of 1966 (16 U.S.C. 668dd-ee), providing guidance for management and public use of the Refuge System. The Act mandates that the Refuge System be consistently directed and managed as a national system of lands and waters devoted to wildlife conservation and management.
The Act establishes priorities for recreational uses of the Refuge System. Six wildlife-dependent uses are specifically named in the Act: hunting, fishing, wildlife observation and photography, and environmental education and interpretation. These activities are to be promoted on the Refuge System, while all non-wildlife dependant uses are subject to compatibility determinations. A compatible use is one which, in the sound professional judgement of the Refuge Manger, will not materially interfere with or detract from fulfillment of the Refuge System Mission or refuge purpose(s).
As stated in the Act, "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."
The Act also requires development of a comprehensive conservation plan for each refuge and management of each refuge consistent with the plan. When writing CCP, planning for expanded or new refuges, and when making management decisions, the Act requires effective coordination with other Federal agencies, state fish and wildlife or conservation agencies, and refuge neighbors. A refuge must also provide opportunities for public involvement when making a compatibility determination or developing a CCP.
North American Wetlands Conservation Act (103 Stat. 1968; 16 U.S.C. 4401-4412)
Public Law 101-233, enacted December 13, 1989, provides funding and administrative direction for implementation of the North American Waterfowl Management Plan and the Tripartite Agreement on wetlands between Canada, U.S. and Mexico.
The Act converts the Pittman-Robertson account into a trust fund, with the interest available without appropriation through the year 2006 to carry out the programs authorized by the Act, along with an authorization for annual appropriation of $15 million plus an amount equal to the fines and forfeitures collected under the Migratory Bird Treaty Act.
Available funds may be expended, upon approval of the Migratory Bird Conservation Commission, for payment of not to exceed 50 percent of the United States share of the cost of wetlands conservation projects in Canada, Mexico, or the United States (or 100 percent of the cost of projects on Federal lands). At least 50 percent and no more than 70 percent of the funds received are to go to Canada and Mexico each year.
A North American Wetlands Conservation Council is created to recommend projects to be funded under the Act to the Migratory Bird Conservation Commission. The Council is to be composed of the Director of the Service, the Secretary of the National Fish and Wildlife Foundation, a State fish and game agency director from each Flyway, and three representatives of different non-profit organizations participating in projects under the Plan or the Act. The Chairman of the Council and one other member serve ex officio on the Commission for consideration of the Council's recommendations.
The Commission must justify in writing to the Council and, annually, to Congress, any decisions not to accept Council recommendations.
Refuge Recreation Act of 1962
This Act authorizes the Secretary of the Interior to administer refuges, hatcheries, and other conservation areas for recreational use, when such uses do not interfere with the area's primary purposes. It authorizes construction and maintenance of recreational facilities and the acquisition of land for incidental fish and wildlife oriented recreational development or protection of natural resources. It also authorizes the charging of fees for public uses.
Refuge Revenue Sharing Act (16 U.S.C. 715s)
Section 401 of the Act of June 15, 1935, (49 Stat. 383) provided for payments to counties in lieu of taxes, using revenues derived from the sale of products from refuges.
Public Law 93-509, approved December 3, 1974, (88 Stat. 1603) required that moneys remaining in the fund after payments be transferred to the Migratory Bird Conservation Fund for land acquisition under provisions of the Migratory Bird Conservation Act.
Public Law 95-469, approved October 17, 1978, (92 Stat. 1319) expanded the revenue sharing system to include National Fish Hatcheries and Service research stations. It also included in the Refuge Revenue Sharing Fund receipts from the sale of salmonid carcasses. Payments to counties were established as:
1) on acquired land, the greatest amount calculated on the basis of 75 cents per acre, three-fourths of one percent of the appraised value, or 25 percent of the net receipts produced from the land; and
2) on land withdrawn from the public domain, 25 percent of net receipts and basic payments under Public Law 94-565 (31 U.S.C. 1601-1607, 90 Stat. 2662), payment in lieu of taxes on public lands.
This amendment also authorized appropriations to make up any difference between the amount in the Fund and the amount scheduled for payment in any year. The stipulation that payments be used for schools and roads was removed, but counties were required to pass payments along to other units of local government within the county which suffer losses in revenues due to the establishment of Service areas.
Wilderness Act of 1964 (16 U.S.C. 1131-1136; 78 Stat. 890)
The Wilderness Act of 1964 directs the Secretary of the Interior to review, within ten years, every roadless area of 5,000 acres or more and every roadless island regardless of size within the National Wildlife Refuge System and to recommend suitability of each such area. The Act permits certain activities within designated Wilderness Areas that do not alter natural processes. Wilderness values are preserved through a "minimum Tool" management approach which requires refuge managers to use the least intrusive methods, equipment and facilities necessary for administering the areas.
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