[House Report 108-100]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-100
HOUSE OF REPRESENTATIVES
1st Session Part 1
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SIKES ACT REAUTHORIZATION ACT OF 2003
_______
May 14, 2003.--Ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1497]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1497) to reauthorize title I of the Sikes Act, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sikes Act Reauthorization Act of
2003''.
SEC. 2. REAUTHORIZATION OF TITLE I OF SIKES ACT.
Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by striking
``fiscal years 1998 through 2003'' each place it appears and inserting
``fiscal years 2004 through 2008''.
SEC. 3. SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The Department of Defense maintains over 25,000,000 acres
of valuable fish and wildlife habitat on approximately 400
military installations nationwide.
(2) These lands contain a wealth of plant and animal life,
vital wetlands for migratory birds, and nearly 300 federally
listed threatened species and endangered species.
(3) Increasingly, land surrounding military bases are being
developed with residential and commercial infrastructure that
fragments fish and wildlife habitat and decreases its ability
to support a diversity of species.
(4) Comprehensive conservation plans, such as integrated
natural resource management plans under the Sikes Act (16
U.S.C. 670 et seq.), can ensure that these ecosystem values can
be protected and enhanced while allowing these lands to meet
the needs of military operations.
(5) Section 107 of the Sikes Act (16 U.S.C. 670e-2) requires
sufficient numbers of professionally trained natural resources
management personnel and natural resources law enforcement
personnel to be available and assigned responsibility to
perform tasks necessary to carry out title I of the Sikes Act,
including the preparation and implementation of integrated
natural resource management plans.
(6) Managerial and policymaking functions performed by
Department of Defense on-site professionally trained natural
resource management personnel on military installations are
appropriate governmental functions.
(7) Professionally trained civilian biologists in permanent
Federal Government career managerial positions are essential to
oversee fish and wildlife and natural resource conservation
programs are essential to the conservation of wildlife species
on military land.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should take whatever steps are necessary to ensure
that section 107 of the Sikes Act (16 U.S.C. 670e-2) is fully
implemented consistent with the findings made in subsection (a).
SEC. 4. ADVANCE NOTICE AND CONSULTATION REGARDING INTEGRATED NATURAL
RESOURCE MANAGEMENT PLANS.
Section 101(a)(2) of the Sikes Act (16 U.S.C. 670a(a)(2)) is
amended--
(1) by inserting ``(A)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(B)(i) The Secretary of a military department shall advise
the Secretary of the Interior and the head of the appropriate
State fish and wildlife agency of the intent of the Secretary
of the military department to prepare or revise an integrated
natural resources management plan under this subsection, by not
later than 30 days before publishing public notice of such
intent.
``(ii) The Secretary of the military department, the
Secretary of the Interior, and the head of such appropriate
State fish and wildlife agency, in the period beginning on the
date of publication of notice under clause (i) and ending on
the date of publication of public notice referred to in clause
(i), shall consult to determine the following:
``(I) The intended scope of the integrated natural
resources management plan that is the subject of the
notice.
``(II) The timetable for preparation or revision of
such plan.
``(III) What steps must be taken to comply with
section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) in such preparation or revision.
``(IV) An estimation of the financial and human
resources needed to complete such preparation or
revision.''.
SEC. 5. RESOURCE AGENCY CERTIFICATIONS REGARDING INTEGRATED NATURAL
RESOURCE MANAGEMENT PLANS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is further amended--
(1) in subsection (a)(2), by adding at the end the following:
``(C) An integrated natural resources management plan
prepared or revised under this section shall not be considered
to reflect the mutual agreement of the parties for purposes of
subparagraph (A) unless the Secretary of the Interior, the head
of the appropriate State fish and wildlife agency, and the
Secretary of the military department that prepares or revises
the plan each certify that the plan adequately addresses
conservation, protection, and management of fish and wildlife
resources.'';
(2) in subsection (b)(2), by inserting ``and recertified
under subsection (a)(2)(C) by each of the Secretary of the
Interior, the head of the appropriate State fish and wildlife
agency, and the Secretary of the military department that
prepared the plan'' after ``parties thereto''; and
(3) in subsection (f)(2), by adding at the end the following:
``The report shall include a statement of the number of
integrated natural resources management plans that were
certified or recertified by the Secretary of the Interior under
subsection (a)(2)(C) in the year covered by the report.''.
SEC. 6. PUBLIC NOTICE AND COMMENT REGARDING INTEGRATED NATURAL RESOURCE
MANAGEMENT PLANS.
Section 101(a)(2) of the Sikes Act (16 U.S.C. 670a(a)(2)) is further
amended by adding at the end the following:
``(D) The Secretary of a military department shall--
``(i) publish public notice in the Federal Register
or, if more appropriate, a readily accessible
publication such as a local or regional newspaper, of
the intent of the Secretary to prepare or revise an
integrated natural resources management plan under this
paragraph; and
``(ii) provide an opportunity for the submission by
the public of comments regarding such preparation or
revision, for a period of at least 30 days.''.
SEC. 7. INVASIVE SPECIES MANAGEMENT FOR MILITARY INSTALLATIONS.
(a) In General.--Section 101(b)(1) of the Sikes Act (16 U.S.C.
670a(b)(1)) is amended by redesignating subparagraphs (D) through (J)
in order as subparagraphs (E) through (K), and by inserting after
subparagraph (C) the following:
``(D) in the case of a plan for a military
installation in Guam, management, control, and
eradication of invasive species that are not native to
the ecosystem of the military installation and the
introduction of which cause or may cause harm to
military readiness, the environment, the economy, or
human health and safety;''.
(b) Application.--The amendment made by subsection (a) shall apply--
(1) to any integrated natural resources management plan
prepared under section 101(a)(1) of the Sikes Act (16 U.S.C.
670a(a)(1)) on or after the date of the enactment of this Act;
and
(2) to any integrated natural resources management plan
prepared under section 101(a)(1) of the Sikes Act (16 U.S.C.
670a(a)(1)) before the date of the enactment of this Act,
effective March 1, 2004.
Amend the title so as to read:
A bill to reauthorize title I of the Sikes Act, and for
other purposes.
Purpose of the Bill
The purpose of H.R. 1497, as ordered reported, is to
reauthorize title I of the Sikes Act, and for other purposes.
Background and Need for Legislation
The Department of Defense controls nearly 25 million acres
of valuable fish and wildlife habitat at approximately 425
military installations nationwide. These lands contain a wealth
of plant and animal life, wetlands for migratory birds and
nearly 300 federally listed threatened and endangered species.
Enacted in 1960, this law has been extended many times, with
the current authorization of appropriations expiring on
September 30, 2003.
Prior to the Sikes Act Improvement Act of 1997, the
Department of Defense was able to enter into voluntary
``cooperative plans'' with the Secretary of the Interior and
the appropriate state fish and wildlife agency to carry out a
program to plan, develop, maintain and coordinate fish and
wildlife conservation efforts on military lands. In addition,
the cooperative plans could allow for the issuance of special
hunting and fishing permits with the proceeds used for such
things as habitat improvement. These plans were neither uniform
nor comprehensive in their requirements and the Department of
Defense was not required to implement them.
Under Public Law 105-85, the Department of Defense is
required to complete a comprehensive Integrated Natural
Resource Management Plan (INRMP) for each of its installations.
The only exception involves those bases that do not have any
significant fish, wildlife or natural resources. The Department
believes 373 military installations meet the criteria for an
INRMP, which has been defined as ``an integrated plan based, to
the maximum extent practicable, on ecosystem management that
shows the interrelationships of individual components of
natural resources management to mission requirements and other
land use activities affecting an installation's natural
resources.'' Under the law, these plans should include the
following components: fish and wildlife management and
wildlife-oriented recreation; fish and wildlife habitat
enhancement; wetland protection; the establishment of specific
management goals; the public use of natural resources; the
enforcement of all natural resource laws and how a ``no net
loss'' of military lands would be ensured. These plans must be
written in consultation with the U.S. Fish and Wildlife Service
and the affected states and they undergo a formal review
process every five years. The law allows for a public comment
period for each INRMP and stipulates that a sufficient number
of professional trained natural resource management personnel
should be available to complete these plans and requires an
annual report to Congress.
The fundamental goals of INRMPS are to assist installation
commanders in their efforts to conserve and rehabilitate
natural resources and to balance the use of air, land and water
resources for military training and testing with the need to
conserve wildlife resources for future generations.
The National Military Fish and Wildlife Association which
represents civilian employees of the Department of the Defense,
has raised concerns about the implementation of Section 107 of
Public Law 105-85. Specifically, this language says: ``To the
extent practicable using available resources, the Secretary of
each military department shall ensure that sufficient number of
professional trained natural resources management personnel and
natural resources law enforcement personnel are available and
assigned responsibility to perform tasks necessary to carry out
this title, including the preparation and implementation of
integrated natural resource management plans.'' They are
concerned that the letter and spirit of this language is not
being fully implemented.
In a June 21, 2001, letter to Congressman Don Young, Under
Secretary of Defense E.C. Aldridge, Jr. noted that there are
approximately 3,500 positions within the Department that
involve natural resource related activities. These include: the
gathering of information for surveys, wildlife studies, audits,
plans and inventories; recommendations pertaining to natural
resource projects; clean air projects; hazardous waste
management; conservation programs; pollution prevention; and
use of toxic substances. In addition, the Under Secretary noted
that there were 868 in-house positions that perform natural
resource management functions and associated services. At this
time, there are approximately 1,000 civilian natural resource
management employees at the Department of Defense and at least
twice as many outside contractors who perform similar
functions.
When making a decision whether to outsource a natural
resource management job, the Department is guided by the
statutory requirements of Federal Activities Inventory Reform
Act of 1998 (Public Law 105-270) and the A-76 regulations which
are contained within the Federal Acquisition Regulation Part
7.5 and Office of Federal Procurement Policy Letter 92.1. The
determining factor is whether the position is an ``inherently
governmental function'' which has been defined as one that is
so intimately related to the public interest as to require
performance by Federal Government employees. If the response is
affirmative, then that position cannot be outsourced.
Committee Action
H.R. 1497 was introduced on March 27, 2003, by Congressman
Richard W. Pombo (R-CA). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
Fisheries Conservation, Wildlife and Oceans. On April 10, 2003,
the Subcommittee held a hearing on the bill. On May 1, 2003,
the Subcommittee met to mark up the bill. Congressman Wayne T.
Gilchrest (R-MD) offered an amendment in the nature of a
substitute that established a new Section 3 expressing the
``Sense of Congress'' that it would be inappropriate to
contract out the jobs of those federal civilian natural
resource management personnel that prepare the Integrated
Natural Resource Management Plans. Congressman Frank Pallone
(D-NJ) offered an amendment to the substitute dealing with
advanced notice and consultation regarding integrated natural
resource management plans. The amendment was adopted by voice
vote. Mr. Pallone offered and withdrew a second amendment
regarding public notice of the Department of Defense's intent
to undertake an integrated natural resource management plan for
a military installation. Mr. Pallone offered a third amendment
to the substitute that required that any integrated natural
resource management plan be certified by the U.S. Fish and
Wildlife Service and the affected state fish and wildlife
department as the plans affect the conservation, protection and
management of fish and wildlife resources. The amendment was
adopted by voice vote. The substitute, as amended, was approved
by voice vote. The bill was then ordered forwarded to the Full
Committee by voice vote. On May 7, 2003, the Full Resources
Committee met to consider the bill. Mr. Gilchrest offered an
amendment in the nature of a substitute that modified several
provisions in Section 3, added additional findings to the
legislation and established a new public notice requirement for
integrated natural resource management plans. Under this
language, a notice would be printed in the Federal Register or,
if more appropriate, local or regional newspapers. The
Committee intends that the Department should give preference to
printing these notice requirements in the Federal Register.
Congresswoman Madeleine Bordallo (D-GU) offered an amendment to
the substitute requiring that the Department of Defense
consider the impact of invasive species when preparing an
integrated natural resource management plan for military
installations on the island of Guam. This amendment was adopted
by voice vote. The substitute, as amended, was adopted by voice
vote and the bill, as amended, was then ordered 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. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to reauthorize
title I of the Sikes Act, and for other purposes.
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, May 12, 2003.
Hon. Richard Pombo,
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. 1497, the Sykes
Act Reauthorization Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 1497--Sikes Act Reauthorization Act of 2003
H.R. 1497 would reauthorize the Sikes Act through 2008.
That act requires the Department of Defense (DOD) and the U.S.
Fish and Wildlife Service (USFWS) to develop and implement
plans to manage natural resources on certain military lands.
For those activities, H.R. 1497 would authorize the
appropriation of up to $4.5 million a year over the 2004-2008
period.
Based on information from DOD and USFWS and assuming
appropriation of the authorized amounts, CBO estimates that
implementing H.R. 1497 would cost $4 million in 2004 and $22
million over the next five years. Enactment of the bill would
not affect direct spending or revenues. H.R. 1497 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.
The CBO staff contact for this estimate is Megan Carroll.
This 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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
SIKES ACT
* * * * * * *
TITLE I--CONSERVATION PROGRAMS ON MILITARY INSTALLATIONS
* * * * * * *
Sec. 101. (a) Authority of Secretary of Defense.--
(1) * * *
(2) Cooperative preparation.--(A) The Secretary of a
military department shall prepare each integrated
natural resources management plan for which the
Secretary is responsible in cooperation with the
Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service, and the
head of each appropriate State fish and wildlife agency
for the State in which the military installation
concerned is located. Consistent with paragraph (4),
the resulting plan for the military installation shall
reflect the mutual agreement of the parties concerning
conservation, protection, and management of fish and
wildlife resources.
(B)(i) The Secretary of a military department shall
advise the Secretary of the Interior and the head of
the appropriate State fish and wildlife agency of the
intent of the Secretary of the military department to
prepare or revise an integrated natural resources
management plan under this subsection, by not later
than 30 days before publishing public notice of such
intent.
(ii) The Secretary of the military department, the
Secretary of the Interior, and the head of such
appropriate State fish and wildlife agency, in the
period beginning on the date of publication of notice
under clause (i) and ending on the date of publication
of public notice referred to in clause (i), shall
consult to determine the following:
(I) The intended scope of the integrated
natural resources management plan that is the
subject of the notice.
(II) The timetable for preparation or
revision of such plan.
(III) What steps must be taken to comply with
section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332) in such
preparation or revision.
(IV) An estimation of the financial and human
resources needed to complete such preparation
or revision.
(C) An integrated natural resources management plan
prepared or revised under this section shall not be
considered to reflect the mutual agreement of the
parties for purposes of subparagraph (A) unless the
Secretary of the Interior, the head of the appropriate
State fish and wildlife agency, and the Secretary of
the military department that prepares or revises the
plan each certify that the plan adequately addresses
conservation, protection, and management of fish and
wildlife resources.
(D) The Secretary of a military department shall--
(i) publish public notice in the Federal
Register or, if more appropriate, a readily
accessible publication such as a local or
regional newspaper, of the intent of the
Secretary to prepare or revise an integrated
natural resources management plan under this
paragraph; and
(ii) provide an opportunity for the
submission by the public of comments regarding
such preparation or revision, for a period of
at least 30 days.
* * * * * * *
(b) Required Elements of Plans.--Consistent with the use of
military installations to ensure the preparedness of the Armed
Forces, each integrated natural resources management plan
prepared under subsection (a)--
(1) shall, to the extent appropriate and applicable,
provide for--
(A) * * *
* * * * * * *
(D) in the case of a plan for a military
installation in Guam, management, control, and
eradication of invasive species that are not
native to the ecosystem of the military
installation and the introduction of which
cause or may cause harm to military readiness,
the environment, the economy, or human health
and safety;
[(D)] (E) integration of, and consistency
among, the various activities conducted under
the plan;
[(E)] (F) establishment of specific natural
resource management goals and objectives and
time frames for proposed action;
[(F)] (G) sustainable use by the public of
natural resources to the extent that the use is
not inconsistent with the needs of fish and
wildlife resources;
[(G)] (H) public access to the military
installation that is necessary or appropriate
for the use described in subparagraph (F),
subject to requirements necessary to ensure
safety and military security;
[(H)] (I) enforcement of applicable natural
resource laws (including regulations);
[(I)] (J) no net loss in the capability of
military installation lands to support the
military mission of the installation; and
[(J)] (K) such other activities as the
Secretary of the military department determines
appropriate;
(2) must be reviewed as to operation and effect by
the parties thereto and recertified under subsection
(a)(2)(C) by each of the Secretary of the Interior, the
head of the appropriate State fish and wildlife agency,
and the Secretary of the military department that
prepared the plan on a regular basis, but not less
often than every 5 years; and
* * * * * * *
(f) Reviews and Reports.--
(1) * * *
(2) Secretary of the interior.--Not later than March
1 of each year and in consultation with the heads of
State fish and wildlife agencies, the Secretary of the
Interior shall submit a report to the committees on the
amounts expended by the Department of the Interior and
the State fish and wildlife agencies in the year
covered by the report on conservation activities
conducted pursuant to integrated natural resources
management plans. The report shall include a statement
of the number of integrated natural resources
management plans that were certified or recertified by
the Secretary of the Interior under subsection
(a)(2)(C) in the year covered by the report.
* * * * * * *
Sec. 108. (a) * * *
(b) There are authorized to be appropriated to the Secretary
of Defense not to exceed $1,500,000 for each of the [fiscal
years 1998 through 2003] fiscal years 2004 through 2008, to
carry out this title, including the enhancement of fish and
wildlife habitat and the development of public recreation and
other facilities, and to carry out such functions and
responsibilities as the Secretary may have under cooperative
agreements entered into under section 103a. The Secretary of
Defense shall, to the greatest extent practicable, enter into
agreements to utilize the services, personnel, equipment, and
facilities, with or without reimbursement, of the Secretary of
the Interior in carrying out the provisions of this section.
(c) There are authorized to be appropriated to the Secretary
of the Interior not to exceed $3,000,000 for each of the
[fiscal years 1998 through 2003] fiscal years 2004 through
2008, to carry out such functions and responsibilities as the
Secretary may have under integrated natural resources
management plans to which such Secretary is a party under this
section, including those for the enhancement of fish and
wildlife habitat and the development of public recreation and
other facilities.
* * * * * * *
ADDITIONAL VIEWS
Since the implementation of the Sikes Act Improvement Act
of 1997, over 300 Integrated Natural Resource Management Plans
(INRMPs) have been completed. Whether the implementation of
these plans has been or will be successful, however, still
remains to be seen, as the Department of Defense's (DOD) own
Inspector General found that there was a lack of a
comprehensive system to monitor INRMP implementation. H.R.
1497, as amended unanimously by voice vote by the committee,
contains several provisions that will increase the
transparency, public notice and accountability in the
implementation of the Sikes Act.
At present the Department of Defense seeks to exempt
military lands from critical habitat designation under the
Endangered Species Act where an approved INRMP exists.
Accordingly there is increased need to ensure that these plans
genuinely represent the combined input of Federal and State
fish and wildlife agencies (hereafter referred to as resource
agencies). Where problems have arisen in the development of
INRMPs, it is most often because INRMP is prepared essentially
by the installation or its contractor, and then presented to
the source agencies for concurrence.
Section 4 of the bill would correct this situation by
reinforcing the intent of the Sikes Act that INRMPs be prepared
``in cooperation'' with the Secretary of the Interior and with
the head of each appropriate State fish and wildlife agency.
Whereas the resource agencies currently are consulted most
often only after a draft INRMP has been prepared, H.R. 1497
would require the military department both to alert the
resource agencies of their intent to prepare or revise an
INRMP, and to consult with them within a period no later than
thirty days prior to publication of such intent.
This new provision is consistent with recently-developed
DOD policy and substantively addresses concerns raised by the
United States Fish and Wildlife Service (USFWS) urging more
involvement in the development and revisions of INRMPs. While
this section would require that consultation in the thirty days
prior to public notice is a mandatory provision of the Sikes
Act, we in Congress realize that the financial resources in
Federal and State fish and wildlife agencies are limited. We
feel, however, that consultation can take many shapes and forms
and therefore ought to occur, while taking into account the
financial and personnel resources of the resource agencies.
Considering both the complexity of resource management and
the various levels at which cooperation on INRMP preparation
must occur, what constitutes ``mutual agreement'' has become
confusing and in certain situations, potentially contestable.
The USFWS has said that problems do occasionally arise in
acquiring the necessary approvals for all INRMPs. Section 5 of
this bill would end that uncertainty by a simple, low-cost,
clerical solution: requiring that all resource agencies certify
a new or renewed INRMP. Through this action, Congress reaffirms
its intent that INRMPs should reflect the mutual agreement and
meet the standards of stewardship of fish and wildlife
resources of all involved parties.
In the Fisheries Subcommittee's analysis of the public
comment process for INRMP development and review, there
appeared to be inconsistencies in the manner by which the
military departments publicly noticed and allowed for public
review and comment. As the trusted stewards of nearly 25
million acres of the country's valuable fish and wildlife
habitat, it is only that military departments keep the public
informed about the resource management of their lands.
Section 6 of H.R. 1497 reflects a compromise approach to
increase the public's awareness of a military department's
intent to prepare or revise an INRMP through public notice. We
feel strongly that the DOD should give preference to publishing
in the Federal Register, but recognize that publication in
regional or local and readily accessible periodicals and
newspapers may be warranted and desirable in certain
circumstances. This good-government amendment requiring public
notice provides a helpful measure of transparency to ensure
that the public remains a participant in the stewardship
process.
In conclusion, we feel confident that with the amendments
to the Skies Act contained in H.R. 1497, the American public
will be given greater assurance that the natural resources
found at military installations are managed with the necessary
care and respect. Public resources must be managed to the best
of the government's ability. H.R. 1497 would ensure just that,
through increasing the accountability of our military
departments and the mandatory early participation of resources
agencies. Although the simple administrative changes proffered
in H.R. 1497 can hardly substitute for the carefully crafted
laws protecting the environment on all Federal lands, they are
a step in the right direction for military lands. By both
increasing the accountability of the military and facilitating
smooth cooperation among various agencies, the Sikes Act has
the potential to become a valuable tool in protecting America's
resources.
Nick J. Rahall II.
Frank Pallone, Jr.
Edward J. Markey.
Madeleine Z. Bordallo.