1995 U.S. Code
Title 16 - CONSERVATION
CHAPTER 5C - CONSERVATION PROGRAMS ON GOVERNMENT LANDS
SUBCHAPTER I - CONSERVATION PROGRAMS ON MILITARY RESERVATIONS
Sec. 670a - Cooperative plan for wildlife conservation and rehabilitation

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§670a. Cooperative plan for wildlife conservation and rehabilitation (a) Authority of Secretary of Defense

The Secretary of Defense is authorized to carry out a program of planning for, and the development, maintenance, and coordination of, wildlife, fish, and game conservation and rehabilitation in each military 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 reservation is located.

(b) Contents of plan; review; exclusive component of a multiuse natural resources management plan; special hunting and fishing permits

Each cooperative plan entered into under subsection (a) of this section—

(1) shall provide for—

(A) fish and wildlife habitat improvements or modifications,

(B) range rehabilitation where necessary for support of wildlife,

(C) control of off-road vehicle traffic, and

(D) specific habitat improvement projects and related activities and adequate protection for species of fish, wildlife, and plants considered threatened or endangered;

(2) must be reviewed as to operation and effect by the parties thereto on a regular basis, but not less often than every 5 years;

(3) shall, if a multiuse natural resources management plan is applicable to the military reservation, be treated as the exclusive component of that management plan with respect to wildlife, fish, and game conservation and rehabilitation; and

(4) may 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 cooperative plan; except that—

(A) the Commanding Officer of the reservation or persons designated by that Officer 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, and

(B) the fees collected under this paragraph may not be expended with respect to other than the military reservation on which collected.

(c) Prohibitions on sale and lease of lands unless effects compatible with plan

After a cooperative plan is agreed to under subsection (a) of this section—

(1) no sale of land, or forest products from land, that is within a military reservation covered by that plan may be made under section 2665(a) or (b) of title 10; and

(2) no leasing of land that is within the reservation 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 cooperative plans

With regard to the implementation and enforcement of cooperative plans agreed to under subsection (a) of this section—

(1) neither Office of Management and Budget Circular A–76 nor any successor circular thereto applies to the procurement of services that are necessary for that implementation and enforcement; 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 responsibility for the conservation or management of fish or wildlife.

(e) Applicability of other laws

Cooperative 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 chapter 63 of title 31 applies.

(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.)

Codification

“Chapter 63 of title 31” substituted in subsec. (e) for “the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.)” on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

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 coordination of wildlife, fish and game conservation and rehabilitation in military reservations in accordance with a cooperative plan mutually agreed upon by the Secretary of Defense, the Secretary of Interior and the appropriate State agency designated by the State in which the reservation is located. Such cooperative plan shall provide for (1) fish and wildlife habitat improvements 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 fishing 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 related activities in accordance with the cooperative plan: Provided, That the Commanding Officer of the reservation 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. Cooperative 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 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 cooperative 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 chapter 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.

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, Sept. 15, 1960, 74 Stat. 1052, as amended, which is classified generally to this chapter, is popularly known as the “Sikes Act”.

Applicability of 1986 Amendments to Existing Contracts

Section 3(a)(2) of Pub. L. 99–561 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 provision 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 renewal, after such date of enactment, of any such contract.”

Section Referred to in Other Sections

This section is referred to in section 670f of this title.