[House Report 106-809]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-809
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RED RIVER NATIONAL WILDLIFE REFUGE ACT
_______
September 6, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 4318]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4318) to establish the Red River National Wildlife
Refuge, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red River National Wildlife
Refuge Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The area of Louisiana known as the Red River
Valley, located along the Red River Waterway in Caddo,
Bossier, Red River, Natchitoches, and DeSoto Parishes,
is of critical importance to over 350 species of birds
(including migratory and resident waterfowl, shore
birds, and neotropical migratory birds), aquatic life,
and a wide array of other species associated with river
basin ecosystems.
(2) The bottomland hardwood forests of the Red River
Valley have been almost totally cleared. Reforestation
and restoration of native habitat will benefit a host
of species.
(3) The Red River Valley is part of a major
continental migration corridor for migratory birds
funneling through the mid continent from as far north
as the Arctic Circle and as far south as South America.
(4) There are no significant public sanctuaries for
over 300 river miles on this important migration
corridor, and no significant Federal, State, or private
wildlife sanctuaries along the Red River north of
Alexandria, Louisiana.
(5) Completion of the lock and dam system associated
with the Red River Waterway project up to Shreveport,
Louisiana, has enhanced opportunities for management of
fish and wildlife.
(6) The Red River Valley offers extraordinary
recreational, research, and educational opportunities
for students, scientists, bird watchers, wildlife
observers, hunters, anglers, trappers, hikers, and
nature photographers.
(7) The Red River Valley is an internationally
significant environmental resource that has been
neglected and requires active restoration and
management to protect and enhance the value of the
region as a habitat for fish and wildlife.
SEC. 3. ESTABLISHMENT AND PURPOSES OF REFUGE.
(a) Establishment.--
(1) In general.--The Secretary shall establish the
Red River National Wildlife Refuge, consisting of
approximately 50,000 acres of Federal lands, waters,
and interests therein within the boundaries depicted
upon the map entitled ``Red River National Wildlife
Refuge--Proposed'', dated July 20, 2000.
(2) Boundary revisions.--The Secretary shall make
such minor revisions of the boundaries of the Refuge as
may be appropriate to carry out the purposes of the
Refuge or to facilitate the acquisition of property
within the Refuge.
(3) Availability of map.--The Secretary shall keep
the map referred to in paragraph (1) available for
inspection in appropriate offices of the United States
Fish and Wildlife Service.
(b) Purposes.--The purposes of the Refuge are the following:
(1) To restore and preserve native Red River
ecosystems.
(2) To provide habitat for migratory birds.
(3) To maximize fisheries on the Red River and its
tributaries, natural lakes, and man-made reservoirs.
(4) To provide habitat for and population management
of native plants and resident animals (including
restoration of extirpated species).
(5) To provide technical assistance to private land
owners in the restoration of their lands for the
benefit of fish and wildlife.
(c) Effective Date.--The establishment of the Refuge under
paragraph (1) of subsection (a) shall take effect on the date
the Secretary publishes, in the Federal Register and
publications of local circulation in the vicinity of the area
within the boundaries referred to in that paragraph, a notice
that sufficient property has been acquired by the United States
within those boundaries to constitute an area that can be
efficiently managed as a National Wildlife Refuge.
SEC. 4. ADMINISTRATION OF REFUGE.
(a) In General.--The Secretary shall administer all lands,
waters, and interests therein acquired under section 5 in
accordance with--
(1) the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.)
and the Act of September 28, 1962 (76 Stat. 653; 16
U.S.C. 460k et seq.; commonly known as the Refuge
Recreation Act);
(2) the purposes of the Refuge set forth in section
3(b); and
(3) the management plan issued under subsection (b).
(b) Management Plan.--
(1) In general.--Not later than 18 months after the
date of the enactment of this Act, the Secretary shall
issue a management plan for the Refuge.
(2) Contents.--The management plan shall include
provisions that provide for the following:
(A) Planning and design of trails and access
points.
(B) Planning of wildlife and habitat
restoration, including reforestation.
(C) Permanent exhibits and facilities and
regular educational programs throughout the
Refuge.
(D) Provision of opportunities for compatible
fish- and wildlife-oriented recreation, to
ensure that hunting, fishing, wildlife
observation and photography, and environmental
education and interpretation are the priority
general public uses of the Refuge, in
accordance with section 4(a)(3) and (4) of the
National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668ee(a)(3), (4)).
(3) Public participation.--
(A) In general.--The Secretary shall provide
an opportunity for public participation in
developing the management plan.
(B) Local views.--The Secretary shall give
special consideration to views by local public
and private entities and individuals in
developing the management plan.
(c) Wildlife Interpretation and Education Center.--
(1) In general.--The Secretary shall construct,
administer, and maintain, at an appropriate site within
the Refuge, a wildlife interpretation and education
center.
(2) Purposes.--The center shall be designed and
operated--
(A) to promote environmental education; and
(B) to provide an opportunity for the study
and enjoyment of wildlife in its natural
habitat.
SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN.
(a) In General.--The Secretary may acquire up to 50,000 acres
of lands, waters, or interests therein within the boundaries of
the Refuge described in section 3(a)(1).
(b) Inclusion in Refuge.--Any lands, waters, or interests
acquired by the Secretary under this section shall be part of
the Refuge.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such
sums as may be necessary to carry out this Act.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Refuge.--The term ``Refuge'' means the Red River
National Wildlife Refuge established under section 3.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
PURPOSE OF THE BILL
The purpose of H.R. 4318 is to establish the Red River
National Wildlife Refuge.
BACKGROUND AND NEED FOR LEGISLATION
The National Wildlife Refuge System is comprised of federal
lands that have been acquired or reserved for the conservation
of fish and wildlife. Totaling about 93 million acres, the
System provides habitat for hundreds of fish and wildlife
species, including more than 258 species listed as threatened
or endangered under the Endangered Species Act. The System is
also designed to offer priority public wildlife-dependent uses
for compatible hunting, fishing, wildlife observation and
photography, and environmental education and interpretation.
Currently, 290 refuges are open for hunting and 260 units are
open for fishing. This represents more than 90 percent of all
the refuge acreage.
The first wildlife refuge was created at Pelican Island,
Florida, in 1903, by President Theodore Roosevelt. Today the
System has 525 refuges and 38 wetland management districts,
which are located in all 50 States and the nine U.S. insular
areas. These units range in size from less than one acre at the
Mille Lacs National Wildlife Refuge in Minnesota to the
largest, the 19.3 million acre Arctic National Wildlife Refuge
in Alaska. Funding for refuge land acquisition comes from two
primary sources: (1) annual appropriations from the Land and
Water Conservation Fund; and (2) the Migratory Bird
Conservation Fund, which is funded from the purchase of federal
duck stamps, import duties collected on arms and ammunition,
and wildlife refuge entrance fees.
The National Wildlife Refuge System is managed primarily in
accordance with three federal statutes: the Refuge Recreation
Act of 1962, the National Wildlife Refuge System Administration
Act of 1966, and the landmark National Wildlife Refuge System
Improvement Act of 1997 (Public Law 105-57), which created for
the first time an organic law for our nation's National
Wildlife Refuge System.
The Red River Valley is located along the Red River
waterway in Caddo, Bossier, Red River, Natchitoches, and DeSoto
Parishes, Louisiana. It is the most degraded watershed in the
region. The Valley was almost totally cleared of its forest
cover beginning in the 1820s, primarily for cotton production.
The Red River is a disjunct tributary of the Mississippi River,
which was heavily degraded in the 1800s and continuing on
through a soybean farming boom of the late 1960s.
Despite this degradation, the Red River Valley is part of
an historic migratory corridor for over 350 species of birds.
These include migratory waterfowl, shorebirds (including the
endangered least tern), and neotropical migratory birds. It is
part of the Mid-Continent Flyway region that stretches as far
north as the Arctic Circle to as far south as Tierra del Fuego
in South America.
At this time, there are no significant public sanctuaries
for over 300 river miles in this important migratory corridor,
and no National Wildlife Refuge along the Red River north of
Alexandria, Louisiana, to Texarkana, Arkansas. By creating the
Red River National Wildlife Refuge, the sponsors believe that
the Red River ecosystem will be restored and that the
recreational, research, and educational opportunities of this
Valley can be enhanced in the future by students, scientists,
birdwatchers, wildlife observers, hunters, anglers, trappers,
hikers, and nature photographers.
The bill directs the Secretary of the Interior to acquire
approximately 50,000 acres of land and adjacent waters for
inclusion within the proposed refuge. The purpose of the refuge
would be to restore and preserve native Red River ecosystems;
provide habitat for migratory birds; maximize the fisheries on
the Red River; provide habitat for native plants and resident
animals; and provide technical assistance for the restoration
of private lands for the benefit of fish and wildlife
populations. H.R. 4318 authorizes such sums as are necessary to
carry out this bill.
Furthermore, in administrating the refuge, the Secretary
shall issue a management plan that provides opportunities for
compatible fish and wildlife-oriented recreation, to ensure
that hunting, fishing, wildlife observation and photography,
and environmental education interpretations are the priority
general public uses of the refuge. Finally, the Committee
expects that land acquisition for the Red River Refuge would be
from willing sellers. The Service has not utilized hostile
condemnation for over 11 years, and has acquired less than two-
tenths of one percent of Refuge System land by condemnation. In
the unlikely event that the Service would initiate
condemnation, the agency should consult with the members of
Congress representing the area, the House Committee on
Resources, the Senate Committee on Environment and Public Works
and the House and Senate Committee on Appropriations prior to
initiating such actions.
COMMITTEE ACTION
H.R. 4318 was introduced on April 13, 2000, by Congressman
Jim McCrery (R-LA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife and Oceans. On May 11, 2000,
the Subcommittee held a hearing on the bill. On July 20, 2000,
the Subcommittee met to consider H.R. 4318. Congressman Jim
Saxton (R-NJ) offered an amendment in the nature of a
substitute that clarified the purposes of the refuge, how it
would be administer in the future and deleted a section of the
bill which required continued public service on a range of
public infrastructure projects. The amendment was adopted by
unanimous consent. The bill, as amended, was reported favorably
to the full Resource Committee by unanimous consent. On July
26, 2000, the Full Resources Committee met to consider H.R.
4318. There were no further amendments and the bill as amended
was favorably reported to the House of Representatives by voice
vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of
Rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of Rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of Rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of Rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of Rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 9, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4318, the Red
River National Wildlife Refuge Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4318--Red River National Wildlife Refuge Act
H.R. 4318 would direct the U.S. Fish and Wildlife Service
(USFWS) to establish the Red River National Wildlife Refuge in
Louisiana, effective on the date that the agency determines
that it has acquired enough land within the boundaries of the
proposed refuge to be managed efficiently. The bill would
authorize the agency to acquire land, water, and related
interests within the proposed 50,000-acre refuge. In addition
to managing this acreage, the agency would restore native
species and ecosystems and provide opportunities for
environmental education and for recreational uses such as
hunting and fishing. The bill would require the agency to
construct and operate a wildlife interpretation and education
center at the new refuge. For the purposes of acquiring,
developing, and operating the refuge, the bill would authorize
the appropriation of whatever sums are necessary.
The cost of implementing H.R. 4318 would depend on the
outcome of formal property appraisals and on the degree of
restoration and development undertaken at the proposed refuge.
Based on information provided by the USFWS, CBO estimates that
it would cost between $70 million and $100 million over the
next 10 years to implement this legislation, assuming
appropriation of the necessary amounts. We estimate that about
60 percent of the funds would be needed to acquire about 50,000
acres. The agency would use between $20 million and $30 million
to restore habitat and species within the new lands and to
construct a wildlife interpretation and education center.
During the acquisition and development period, managing the new
acreage and related construction projects would cost $8 million
over the 10 years. After this period, when all land has been
acquired and developed, we estimate that the agency would spend
between $3 million and $5 million annually to operate it and to
make payments to local governments under the Refuge Revenue
Sharing Act, assuming appropriation of the necessary amounts.
H.R. 4318 would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. The bill
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would have no
significant impact on the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Robert A. Sunshine, Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.