SUBCHAPTER I—CONSERVATION PROGRAMS ON MILITARY INSTALLATIONS
§670. Definitions
In this subchapter:
(1) Military installation
The term "military installation"—
(A) means any land or interest in land owned by the United States and administered by the Secretary of Defense or the Secretary of a military department, except land under the jurisdiction of the Assistant Secretary of the Army having responsibility for civil works;
(B) includes all public lands withdrawn from all forms of appropriation under public land laws and reserved for use by the Secretary of Defense or the Secretary of a military department; and
(C) does not include any land described in subparagraph (A) or (B) that is subject to an approved recommendation for closure under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
(2) State
The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands.
(3) State-owned National Guard installation
The term "State-owned National Guard installation" means land owned and operated by a State when such land is used for training the National Guard pursuant to chapter 5 of title 32, with funds provided by the Secretary of Defense or the Secretary of a military department, even though such land is not under the jurisdiction of the Department of Defense.
(4) State fish and wildlife agency
The term "State fish and wildlife agency" means the one or more agencies of State government that are responsible under State law for managing fish or wildlife resources.
(5) United States
The term "United States" means the States, the District of Columbia, and the territories and possessions of the United States.
(6) Indian tribe
The term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(Pub. L. 86–797, title I, §100, as added Pub. L. 105–85, div. B, title XXIX, §2911, Nov. 18, 1997, 111 Stat. 2021; amended Pub. L. 112–81, div. A, title III, §312(a)(1), Dec. 31, 2011, 125 Stat. 1351; Pub. L. 112–239, div. A, title III, §312(b), Jan. 2, 2013, 126 Stat. 1691.)
Editorial Notes
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (6), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Amendments
2013—Par. (6). Pub. L. 112–239 added par. (6).
2011—Pars. (2) to (5). Pub. L. 112–81 added pars. (2) and (3) and redesignated former pars. (2) and (3) as (4) and (5), respectively.
Statutory Notes and Related Subsidiaries
Short Title of 1997 Amendment
Pub. L. 105–85, div. B, title XXIX, §2901, Nov. 18, 1997, 111 Stat. 2016, provided that: "This title [enacting this section and sections 670e–1 and 670e–2 of this title, amending sections 670a, 670b, 670c, 670c–1, 670f, and 670o of this title, repealing section 670a–1 of this title, and enacting provisions set out as notes under this section and section 670a of this title] may be cited as the 'Sikes Act Improvement Act of 1997'."
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, §1, as added by Pub. L. 105–85, div. B, title XXIX, §2903, Nov. 18, 1997, 111 Stat. 2016, provided that: "This Act [enacting this chapter] may be cited as the 'Sikes Act'."
§670a. Cooperative plan for conservation and rehabilitation
(a) Authority of Secretary of Defense
(1) Program
(A) In general
The Secretary of Defense shall carry out a program to provide for the conservation and rehabilitation of natural resources on military installations.
(B) Integrated natural resources management plan
(i) To facilitate the program, the Secretary of each military department shall prepare and implement an integrated natural resources management plan for each military installation in the United States under the jurisdiction of the Secretary, unless the Secretary determines that the absence of significant natural resources on a particular installation makes preparation of such a plan inappropriate.
(ii) The Secretary of a military department may, subject to the availability of appropriations, develop and implement an integrated natural resources management plan for a State-owned National Guard installation. Such a plan shall be developed and implemented in coordination with the chief executive officer of the State in which the State-owned National Guard installation is located. Such a plan is deemed, for purposes of any other provision of law, to be for lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use.
(2) Cooperative preparation
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 or State-owned National Guard installation concerned is located. Consistent with paragraph (4), the resulting plan for the military installation or State-owned National Guard installation shall reflect the mutual agreement of the parties concerning conservation, protection, and management of fish and wildlife resources.
(3) Purposes of program
(A) Consistent with the use of military installations and State-owned National Guard installations to ensure the preparedness of the Armed Forces, the Secretaries of the military departments shall carry out the program required by this subsection to provide for—
(i) the conservation and rehabilitation of natural resources on such installations;
(ii) the use of natural and nature-based features to maintain or improve military installation resilience;
(iii) the sustainable multipurpose use of the resources on such installations, which shall include hunting, fishing, trapping, and nonconsumptive uses; and
(iv) subject to safety requirements and military security, public access to military installations to facilitate the use.
(B) In the case of a State-owned National Guard installation, such program shall be carried out in coordination with the chief executive officer of the State in which the installation is located.
(4) Effect on other law
Nothing in this subchapter—
(A)(i) affects any provision of a Federal law governing the conservation or protection of fish and wildlife resources; or
(ii) enlarges or diminishes the responsibility and authority of any State for the protection and management of fish and resident wildlife; or
(B) except as specifically provided in the other provisions of this section and in section 670b of this title, authorizes the Secretary of a military department to require a Federal license or permit to hunt, fish, or trap on a military installation.
(b) Required elements of plans
Consistent with the use of military installations and State-owned National Guard 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) fish and wildlife management, land management, forest management, and fish- and wildlife-oriented recreation;
(B) fish and wildlife habitat enhancement or modifications;
(C) wetland protection, enhancement, and restoration, where necessary for support of fish, wildlife, or plants;
(D) integration of, and consistency among, the various activities conducted under the plan;
(E) establishment of specific natural resource management goals and objectives and time frames for proposed action;
(F) 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) public access to the installation that is necessary or appropriate for the use described in subparagraph (F), subject to requirements necessary to ensure safety and military security;
(H) enforcement of applicable natural resource laws (including regulations);
(I) no net loss in the capability of installation lands to support the military mission of the installation; and
(J) 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 on a regular basis, but not less often than every 5 years; and
(3) may, in the case of a military installation, 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 integrated natural resources management plan; except that—
(A) the Commanding Officer of the installation or persons designated by that Officer are authorized to enforce such special hunting and fishing permits and to collect, spend, administer, and account for fees for the permits, acting as agent or agents for the State if the integrated natural resources management plan so provides, and
(B) the fees collected under this paragraph may not be expended with respect to other than the military installation on which collected, unless the military installation is subsequently closed, in which case the fees may be transferred to another military installation to be used for the same purposes.
(c) Prohibitions on sale and lease of lands unless effects compatible with plan
After an integrated natural resources management plan is agreed to under subsection (a)—
(1) no sale of land, or forest products from land, that is within a military installation 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 installation 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 integrated natural resources management plans
With regard to the implementation and enforcement of integrated natural resources management plans agreed to under subsection (a)—
(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
Integrated natural resources management 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.
(f) Reviews and reports
(1) Secretary of Defense
Not later than March 1 of each year, the Secretary of Defense shall review the extent to which integrated natural resources management plans were prepared or were in effect and implemented in accordance with this subchapter in the preceding year, and submit a report on the findings of the review to the committees. Each report shall include—
(A) the number of integrated natural resources management plans in effect in the year covered by the report, including the date on which each plan was issued in final form or most recently revised;
(B) the amounts expended on conservation activities conducted pursuant to the plans in the year covered by the report; and
(C) an assessment of the extent to which the plans comply with this subchapter.
(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.
(3) "Committees" defined
In this subsection, the term "committees" means—
(A) the Committee on Resources and the Committee on Armed Services of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Environment and Public Works of the Senate.
(g) Program for invasive species management for military installations
(1) Inclusion of invasive species management
The Secretary of Defense shall, to the extent practicable and conducive to military readiness, incorporate in integrated natural resources management plans for military installations the management, control, and eradication of invasive species—
(A) that are not native to the ecosystem of the military installation; and
(B) the introduction of which cause or may cause harm to military readiness, the environment, or human health and safety.
(2) Consultation
The Secretary of Defense shall carry out this subsection in consultation with the Secretary of the Interior.
(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; Pub. L. 105–85, div. B, title XXIX, §§2904(a)–(b)(4), (c), 2906, 2907, 2913(2)–(4), Nov. 18, 1997, 111 Stat. 2017, 2018, 2020, 2022; Pub. L. 106–65, div. A, title X, §1067(19), Oct. 5, 1999, 113 Stat. 775; Pub. L. 108–136, div. A, title III, §311(c)(1), Nov. 24, 2003, 117 Stat. 1429; Pub. L. 111–84, div. A, title III, §314, Oct. 28, 2009, 123 Stat. 2248; Pub. L. 112–81, div. A, title III, §312(a)(2), (b)(1), Dec. 31, 2011, 125 Stat. 1352, 1353; Pub. L. 117–263, div. A, title III, §387, Dec. 23, 2022, 136 Stat. 2546.)
Editorial Notes
Amendments
2022—Subsec. (a)(3)(A)(ii) to (iv). Pub. L. 117–263, §387(a), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.
Subsec. (g). Pub. L. 117–263, §387(b)(1), substituted "Program for invasive species management for military installations" for "Pilot program for invasive species management for military installations in Guam" in heading.
Subsec. (g)(1). Pub. L. 117–263, §387(b)(2), in introductory provisions, substituted "The" for "During fiscal years 2009 through 2014, the" and struck out "in Guam" after "military installations".
2011—Pub. L. 112–81, §312(b)(1)(A), (B), inserted section catchline.
Subsec. (a)(1)(B). Pub. L. 112–81, §312(a)(2)(A), designated existing provisions as cl. (i) and added cl. (ii).
Subsec. (a)(2). Pub. L. 112–81, §312(a)(2)(B), inserted "or State-owned National Guard installation" after "military installation" in two places.
Subsec. (a)(3)(A). Pub. L. 112–81, §312(a)(2)(C)(i)–(v), designated introductory provisions as subpar. (A), redesignated former subpars. (A), (B), and (C) as cls. (i), (ii), and (iii), respectively, inserted "and State-owned National Guard installations" after "Consistent with the use of military installations", substituted "such installations" for "military installations" in cl. (i), and inserted "on such installations" after "resources" in cl. (ii).
Subsec. (a)(3)(B). Pub. L. 112–81, §312(a)(2)(C)(vi), added subpar. (B).
Subsec. (b). Pub. L. 112–81, §312(a)(2)(D), inserted "and State-owned National Guard installations" after "military installations" in introductory provisions.
Subsec. (b)(1)(G), (I). Pub. L. 112–81, §312(a)(2)(E), substituted "installation" for "military installation".
Subsec. (b)(3). Pub. L. 112–81, §312(a)(2)(F), inserted ", in the case of a military installation," after "(3) may".
Subsec. (c). Pub. L. 112–81, §312(b)(1)(C), inserted heading.
Subsec. (d). Pub. L. 112–81, §312(b)(1)(D), inserted heading.
Subsec. (e). Pub. L. 112–81, §312(b)(1)(E)(ii), which directed insertion of a comma after "Code", could not be executed because the word "Code" did not appear.
Pub. L. 112–81, §312(b)(1)(E)(i), inserted heading.
2009—Subsec. (g)(1). Pub. L. 111–84 substituted "fiscal years 2009 through 2014" for "fiscal years 2004 through 2008" in introductory provisions.
2003—Subsec. (g). Pub. L. 108–136 added subsec. (g).
1999—Subsec. (f)(3)(A). Pub. L. 106–65 substituted "Committee on Armed Services" for "Committee on National Security".
1997—Subsec. (a). Pub. L. 105–85, §2904(a), added subsec. (a) and struck out former subsec. (a) which read as follows: "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."
Subsec. (b). Pub. L. 105–85, §2904(c)(1), inserted heading and substituted, in introductory provisions, "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)—" for "Each cooperative plan entered into under subsection (a)—".
Subsec. (b)(1). Pub. L. 105–85, §2904(c)(1), added par. (1) and struck out former par. (1) which read as follows: "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;".
Subsec. (b)(2). Pub. L. 105–85, §2904(c)(2), inserted "and" at end.
Subsec. (b)(3). Pub. L. 105–85, §2904(c)(3), (4), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: "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".
Subsec. (b)(3)(A). Pub. L. 105–85, §2913(2)(A), substituted "the installation" for "the reservation".
Pub. L. 105–85, §2904(c)(5), substituted "collect, spend, administer, and account for fees for the permits," for "collect the fees therefor,".
Subsec. (b)(3)(B). Pub. L. 105–85, §2912(2)(B), substituted "the military installation on" for "the military reservation on".
Pub. L. 105–85, §2906, inserted before period at end ", unless the military installation is subsequently closed, in which case the fees may be transferred to another military installation to be used for the same purposes".
Subsec. (b)(4). Pub. L. 105–85, §2904(c)(4), redesignated par. (4) as (3).
Pub. L. 105–85, §2904(b)(1), substituted "integrated natural resources management plan" for "cooperative plan" in introductory provisions and in subpar. (A).
Subsec. (c). Pub. L. 105–85, §2904(b)(2), substituted "an integrated natural resources management plan" for "a cooperative plan" in introductory provisions.
Subsec. (c)(1). Pub. L. 105–85, §2913(3)(A), substituted "a military installation" for "a military reservation".
Subsec. (c)(2). Pub. L. 105–85, §2913(3)(B), substituted "the installation" for "the reservation".
Subsec. (d). Pub. L. 105–85, §2904(b)(3), substituted "integrated natural resources management plans" for "cooperative plans" in introductory provisions.
Subsec. (e). Pub. L. 105–85, §2913(4), substituted "chapter 63 of title 31" for "the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.)".
Pub. L. 105–85, §2904(b)(4), substituted "Integrated natural resources management plans" for "Cooperative plans".
Subsec. (f). Pub. L. 105–85, §2907, added subsec. (f).
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.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 2003 Amendment
Pub. L. 108–136, div. A, title III, §311(c)(2), Nov. 24, 2003, 117 Stat. 1429, provided that: "Section 101(g) of the Sikes Act, as added by paragraph (1), [subsec. (g) of this section] shall apply—
"(A) to any integrated natural resources management plan prepared for a military installation in Guam under section 101(a)(1) of such Act on or after the date of the enactment of this Act [Nov. 24, 2003]; and
"(B) effective March 1, 2004, to any integrated natural resources management plan prepared for a military installation in Guam under such section before the date of the enactment of this Act."
Review for Preparation of Integrated Natural Resources Management Plans
Pub. L. 105–85, div. B, title XXIX, §2905, Nov. 18, 1997, 111 Stat. 2019, provided that:
"(a) Definitions.—In this section, the terms 'military installation' and 'United States' have the meanings provided in section 100 of the Sikes Act [16 U.S.C. 670] (as added by section 2911).
"(b) Review of Military Installations.—
"(1) Review.—Not later than 270 days after the date of enactment of this Act [Nov. 18, 1997], the Secretary of each military department shall—
"(A) review each military installation in the United States that is under the jurisdiction of that Secretary to determine the military installations for which the preparation of an integrated natural resources management plan under section 101 of the Sikes Act [16 U.S.C. 670a] (as amended by this title) is appropriate; and
"(B) submit to the Secretary of Defense a report on the determinations.
"(2) Report to congress.—Not later than one year after the date of enactment of this Act, the Secretary of Defense shall submit to Congress a report on the reviews conducted under paragraph (1). The report shall include—
"(A) a list of the military installations reviewed under paragraph (1) for which the Secretary of the appropriate military department determines that the preparation of an integrated natural resources management plan is not appropriate; and
"(B) for each of the military installations listed under subparagraph (A), an explanation of each reason such a plan is not appropriate.
"(c) Deadline for Integrated Natural Resources Management Plans.—Not later than three years after the date of the submission of the report required under subsection (b)(2), the Secretary of each military department shall, for each military installation with respect to which the Secretary has not determined under subsection (b)(2)(A) that preparation of an integrated natural resources management plan is not appropriate—
"(1) prepare and begin implementing such a plan in accordance with section 101(a) of the Sikes Act [16 U.S.C. 670a(a)] (as amended by this title); or
"(2) in the case of a military installation for which there is in effect a cooperative plan under section 101(a) of the Sikes Act on the day before the date of enactment of this Act [Nov. 18, 1997], complete negotiations with the Secretary of the Interior and the heads of the appropriate State agencies regarding changes to the plan that are necessary for the plan to constitute an integrated natural resources management plan that complies with that section, as amended by this title.
"(d) Public Comment.—The Secretary of each military department shall provide an opportunity for the submission of public comments on—
"(1) integrated natural resources management plans proposed under subsection (c)(1); and
"(2) changes to cooperative plans proposed under subsection (c)(2)."
Applicability of 1986 Amendments to Existing Contracts
Pub. L. 99–561, §3(a)(2), Oct. 27, 1986, 100 Stat. 3151, 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, Pub. L. 99–561, §2, Oct. 27, 1986, 100 Stat. 3149, related to natural resources and fish and wildlife management on military reservations and required report on military expenditures for fish and wildlife management.
§670b. Migratory game birds; hunting permits
(a) Integrated natural resources management plan
The Secretary of Defense in cooperation with the Secretary of the Interior and the appropriate State agency is authorized to carry out a program for the conservation, restoration and management of migratory game birds on military installations, including the issuance of special hunting permits and the collection of fees therefor, in accordance with an integrated natural resources management plan mutually agreed upon by the Secretary of Defense, the Secretary of the Interior and the appropriate State agency.
(b) Applicability of other laws
Possession of a special permit for hunting migratory game birds issued pursuant to this subchapter shall not relieve the permittee of the requirements of the Migratory Bird Hunting Stamp Act as amended [16 U.S.C. 718 et seq.] nor of the requirements pertaining to State law set forth in Public Law 85–337.
(Pub. L. 86–797, title I, §102, formerly §2, Sept. 15, 1960, 74 Stat. 1053; renumbered title I, §102, and amended Pub. L. 93–452, §3(1), (3), Oct. 18, 1974, 88 Stat. 1375; Pub. L. 105–85, div. B, title XXIX, §§2904(b)(5), 2913(5), Nov. 18, 1997, 111 Stat. 2018, 2022; Pub. L. 112–81, div. A, title III, §312(b)(2), Dec. 31, 2011, 125 Stat. 1353.)
Editorial Notes
References in Text
The Migratory Bird Hunting Stamp Act, referred to in subsec. (b), subsequently renamed the Migratory Bird Hunting and Conservation Stamp Act, is act Mar. 16, 1934, ch. 71, 48 Stat. 452, which is classified generally to subchapter IV (§718 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 718 of this title and Tables.
Public Law 85–337, referred to in subsec. (b), is Pub. L. 85–337, Feb. 28, 1958, 72 Stat. 28, which is classified to section 2671 of Title 10, Armed Forces, section 472 of former Title 40, Public Buildings, Property, and Works [now 40 U.S.C. 102], and sections 155 to 158 of Title 43, Public Lands. For complete classification of this Act to the Code, see Tables.
Amendments
2011—Pub. L. 112–81 inserted section catchline and subsec. (a) designation and heading, and substituted "agency.", subsec. (b) designation and heading, and "Possession" for "agency: Provided, That possession".
1997—Pub. L. 105–85 substituted "military installations" for "military reservations" and "an integrated natural resources management plan" for "a cooperative plan".
1974—Pub. L. 93–452, §3(3), substituted "title" for "Act" which for purposes of codification was translated as "subchapter".
§670c. Program for public outdoor recreation
(a) Program authorized
The Secretary of Defense is also authorized to carry out a program for the development, enhancement, operation, and maintenance of public outdoor recreation resources at military installations in accordance with an integrated natural resources management plan mutually agreed upon by the Secretary of Defense and the Secretary of the Interior, in consultation with the appropriate State agency designated by the State in which the installations are located.
(b) Access for disabled veterans, military dependents with disabilities, and other persons with disabilities
(1) In developing facilities and conducting programs for public outdoor recreation at military installations, consistent with the primary military mission of the installations, the Secretary of Defense shall ensure, to the extent reasonably practicable, that outdoor recreation opportunities (including fishing, hunting, trapping, wildlife viewing, boating, and camping) made available to the public also provide access for persons described in paragraph (2) when topographic, vegetative, and water resources allow access for such persons without substantial modification to the natural environment.
(2) Persons referred to in paragraph (1) are the following:
(A) Disabled veterans.
(B) Military dependents with disabilities.
(C) Other persons with disabilities, when access to a military installation for such persons and other civilians is not otherwise restricted.
(3) The Secretary of Defense shall carry out this subsection in consultation with the Secretary of Veterans Affairs, national service, military, and veterans organizations, and sporting organizations in the private sector that participate in outdoor recreation projects for persons described in paragraph (2).
(c) Acceptance of donations
In connection with the facilities and programs for public outdoor recreation at military installations, in particular the requirement under subsection (b) to provide access for persons described in paragraph (2) of such subsection, the Secretary of Defense may accept—
(1) the voluntary services of individuals and organizations; and
(2) donations of property, whether real or personal.
(d) Treatment of volunteers
A volunteer under subsection (c) shall not be considered to be a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits, except that—
(1) for the purposes of the tort claims provisions of chapter 171 of title 28, the volunteer shall be considered to be a Federal employee; and
(2) for the purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, the volunteer shall be considered to be an employee, as defined in section 8101(1)(B) of title 5, and the provisions of such subchapter shall apply.
(Pub. L. 86–797, title I, §103, formerly §3, Sept. 15, 1960, 74 Stat. 1053; Pub. L. 90–465, §1, Aug. 8, 1968, 82 Stat. 661; renumbered title I, §103, Pub. L. 93–452, §3(1), Oct. 18, 1974, 88 Stat. 1375; Pub. L. 105–85, div. B, title XXIX, §§2904(b)(6), 2913(6), Nov. 18, 1997, 111 Stat. 2018, 2022; Pub. L. 105–261, div. B, title XXVIII, §2813, Oct. 17, 1998, 112 Stat. 2206.)
Editorial Notes
Amendments
1998—Pub. L. 105–261 inserted section catchline, designated existing provisions as subsec. (a) and inserted heading, and added subsecs. (b) to (d).
1997—Pub. L. 105–85 substituted "military installations" for "military reservations", "an integrated natural resources management plan" for "a cooperative plan", and "the installations" for "such reservations".
1968—Pub. L. 90–465 authorized the carrying out of a public outdoor recreation resources program under a cooperative plan between Secretary of Defense, Secretary of the Interior, and State agencies, and struck out provisions for expenditure of funds collected and purposes therefor, now incorporated in section 670f(a) of this title.
§670c–1. Cooperative and interagency agreements for land management on installations
(a) Authority of Secretary of military department
The Secretary of a military department may enter into cooperative agreements with States, local governments, Indian tribes, nongovernmental organizations, and individuals, and into interagency agreements with the heads of other Federal departments and agencies, to provide for the following:
(1) The maintenance and improvement of natural resources on, or to benefit natural and historic research on, military installations and State-owned National Guard installations.
(2) The maintenance and improvement of natural resources located off of a military installation or State-owned National Guard installation if the purpose of the cooperative agreement or interagency agreement is to relieve or eliminate current or anticipated challenges that could restrict, impede, or otherwise interfere with, whether directly or indirectly, current or anticipated military activities.
(b) Multiyear agreements
(1) Funds appropriated to the Department of Defense for a fiscal year may be obligated to cover the cost of goods and services provided under a cooperative agreement or interagency agreement entered into under subsection (a) or through an agency agreement under section 1535 of title 31 during any 18-month period beginning in that fiscal year, without regard to whether the agreement crosses fiscal years.
(2) In the case of a cooperative agreement under subsection (a)(2), such funds—
(A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and
(B) may be placed by the recipient in an interest-bearing or other investment account, and any interest or income shall be applied for the same purposes as the principal.
(3) If any funds are placed by a recipient in an interest-bearing or other investment account under paragraph (2)(B), the Secretary of Defense shall report biennially to the congressional defense committees on the disposition of such funds.
(c) Availability of funds; agreement under other laws
(1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.
(2) Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government.
(Pub. L. 86–797, title I, §103a, as added Pub. L. 101–189, div. B, title XXVIII, §2845(a), Nov. 29, 1989, 103 Stat. 1664; amended Pub. L. 105–85, div. B, title XXIX, §2908, Nov. 18, 1997, 111 Stat. 2021; Pub. L. 110–417, [div. A], title III, §313, Oct. 14, 2008, 122 Stat. 4409; Pub. L. 111–84, div. A, title III, §313, Oct. 28, 2009, 123 Stat. 2248; Pub. L. 112–81, div. A, title III, §312(a)(3), (b)(3), Dec. 31, 2011, 125 Stat. 1352, 1353; Pub. L. 112–239, div. A, title III, §312(a), Jan. 2, 2013, 126 Stat. 1691; Pub. L. 113–291, div. A, title III, §312, Dec. 19, 2014, 128 Stat. 3336.)
Editorial Notes
Codification
Pub. L. 113–291, §312, which directed amendment of section "103A" of the Sikes Act, was executed to this section, which is section 103a of that Act, to reflect the probable intent of Congress. See 2014 Amendment notes below.
Amendments
2014—Subsec. (b). Pub. L. 113–291, §312(a), designated existing provisions as par. (1) and added pars. (2) and (3). See Codification note above.
Subsec. (c). Pub. L. 113–291, §312(b), amended subsec. (c) generally. See Codification note above. Prior to amendment, text read as follows: "Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds and shall not be considered, nor be treated as, cooperative agreements to which chapter 63 of title 31 applies."
2013—Subsec. (a). Pub. L. 112–239, which directed amendment of section 103A of Pub. L. 86–797 by inserting "Indian tribes," after "local governments," in introductory provisions of subsec. (a), was executed to this section, which is section 103a of Pub. L. 86–797, to reflect the probable intent of Congress.
2011—Pub. L. 112–81, §312(b)(3)(A), (B), inserted section catchline.
Subsec. (a). Pub. L. 112–81, §312(b)(3)(C), inserted heading.
Subsec. (a)(1). Pub. L. 112–81, §312(a)(3)(A), substituted "military installations and State-owned National Guard installations" for "Department of Defense installations".
Subsec. (a)(2). Pub. L. 112–81, §312(a)(3)(B), substituted "military installation or State-owned National Guard installation" for "Department of Defense installation".
Subsec. (c). Pub. L. 112–81, §312(b)(3)(D), inserted heading.
2009—Pub. L. 111–84 inserted, in section catchline, "and interagency" after "Cooperative", in subsec. (a), ", and into interagency agreements with the heads of other Federal departments and agencies," after "and individuals" in introductory provisions and "or interagency agreement" after "cooperative agreement" in par. (2), in subsec. (b), "or interagency agreement" after "cooperative agreement", and, in subsec. (c), "and interagency agreements" after "Cooperative agreements".
2008—Subsec. (a). Pub. L. 110–417 substituted "to provide for the following:
"(1) The"
for "to provide for the" and added par. (2).
1997—Subsec. (a). Pub. L. 105–85, §2908(1), substituted "Secretary of a military department" for "Secretary of Defense".
Subsec. (b). Pub. L. 105–85, §2908(2), added heading and text of subsec. (b) and struck out former subsec. (b) which read as follows: "A cooperative agreement shall provide for the Secretary of Defense and the other party or parties to the agreement—
"(1) to contribute funds on a matching basis to defray the cost of programs, projects, and activities under the agreement; or
"(2) to furnish services on a matching basis to carry out such programs, projects, and activities,
or to do both."
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective Dec. 31, 2021, of provisions in subsec. (b)(3) of this section requiring submittal of report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.
§670d. Liability for funds; accounting to Comptroller General
The Department of Defense is held free from any liability to pay into the Treasury of the United States upon the operation of the program or programs authorized by this subchapter any funds which may have been or may hereafter be collected, received or expended pursuant to, and for the purposes of, this subchapter, and which collections, receipts and expenditures have been properly accounted for to the Comptroller General of the United States.
(Pub. L. 86–797, title I, §104, formerly §4, Sept. 15, 1960, 74 Stat. 1053; renumbered title I, §104, and amended Pub. L. 93–452, §3(1), (4), Oct. 18, 1974, 88 Stat. 1375; Pub. L. 112–81, div. A, title III, §312(b)(4), Dec. 31, 2011, 125 Stat. 1353.)
Editorial Notes
Amendments
2011—Pub. L. 112–81 inserted section catchline.
1974—Pub. L. 93–452, §3(4), substituted "title" for "Act" wherever appearing, which for purposes of codification was translated as "subchapter".
§670e. Applicability to other laws; national forest lands
Nothing herein contained shall be construed to modify, amend or repeal any provision of Public Law 85–337, nor as applying to national forest lands administered pursuant to the provisions of section 9 of the Act of June 7, 1924 (43 Stat. 655), nor section 315m of title 43.
(Pub. L. 86–797, title I, §105, formerly §5, Sept. 15, 1960, 74 Stat. 1053; renumbered title I, §105, Pub. L. 93–452, §3(1), Oct. 18, 1974, 88 Stat. 1375; amended Pub. L. 112–81, div. A, title III, §312(b)(5), Dec. 31, 2011, 125 Stat. 1353.)
Editorial Notes
References in Text
Public Law 85–337, referred to in text, is Pub. L. 85–337, Feb. 28, 1958, 72 Stat. 28, which is classified to section 2671 of Title 10, Armed Forces; section 472 of former Title 40, Public Buildings, Property, and Works [now 40 U.S.C. 102]; and sections 155 to 158 of Title 43, Public Lands. For complete classification of this Act to the Code, see Tables.
Section 9 of the Act of June 7, 1924 [ch. 348, 43 Stat. 655], referred to in text, was classified to the code as follows: The first and fifth sentences were classified to section 471(b) of this title, which was repealed by section 704(a) of Pub. L. 94–579; the second and third sentences were classified to section 505 of this title; and the fourth sentence was classified to section 499 of this title.
Amendments
2011—Pub. L. 112–81 inserted section catchline.
§670e–1. Federal enforcement of other laws
All Federal laws relating to the management of natural resources on Federal land may be enforced by the Secretary of Defense with respect to violations of the laws that occur on military installations within the United States.
(Pub. L. 86–797, title I, §106, as added Pub. L. 105–85, div. B, title XXIX, §2909(2), Nov. 18, 1997, 111 Stat. 2021.)
Editorial Notes
Prior Provisions
A prior section 106 of Pub. L. 86–797 was renumbered section 108, and is classified to section 670f of this title.
§670e–2. Natural resources management services
To the extent practicable using available resources, the Secretary of each military department shall ensure that sufficient numbers of professionally trained natural resources management personnel and natural resources law enforcement personnel are available and assigned responsibility to perform tasks necessary to carry out this subchapter, including the preparation and implementation of integrated natural resources management plans.
(Pub. L. 86–797, title I, §107, as added Pub. L. 105–85, div. B, title XXIX, §2910, Nov. 18, 1997, 111 Stat. 2021.)
§670f. Appropriations and expenditures
(a) Expenditures of collected funds under integrated natural resources management plans
The Secretary of Defense shall expend such funds as may be collected in accordance with the integrated natural resources management plans agreed to under sections 670a and 670b of this title and cooperative agreements agreed to under section 670c–1 of this title and for no other purpose. All funds that are so collected shall remain available until expended.
(b) Authorization of appropriations to Secretary of Defense
Of the amounts authorized to be appropriated to the Department of Defense, there are authorized to be appropriated to the Secretary of Defense not to exceed $1,500,000 for each of the fiscal years 2014 through 2019, to carry out this subchapter, 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 670c–1 of this title. 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) Authorization of appropriations to Secretary of the Interior
Of the amounts authorized to be appropriated to the Department of the Interior, there are authorized to be appropriated to the Secretary of the Interior not to exceed $3,000,000 for each of the fiscal years 2014 through 2019, 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.
(d) Use of other conservation or rehabilitation authorities
The Secretary of Defense and the Secretary of the Interior may each use any authority available to him under other laws relating to fish, wildlife, or plant conservation or rehabilitation for purposes of carrying out the provisions of this subchapter.
(Pub. L. 86–797, title I, §108, formerly §6, as added Pub. L. 90–465, §2, Aug. 8, 1968, 82 Stat. 661; renumbered title I, §106, and amended Pub. L. 93–452, §§1(2), 3(1), (4), (5), Oct. 18, 1974, 88 Stat. 1369, 1375; Pub. L. 95–420, §2, Oct. 5, 1978, 92 Stat. 921; Pub. L. 97–396, §2, Dec. 31, 1982, 96 Stat. 2005; Pub. L. 99–561, §§1(a), 3(b), Oct. 27, 1986, 100 Stat. 3149, 3151; Pub. L. 100–653, title II, §202(a), Nov. 14, 1988, 102 Stat. 3827; Pub. L. 101–189, div. B, title XXVIII, §2845(b), Nov. 29, 1989, 103 Stat. 1664; renumbered §108, and amended Pub. L. 105–85, div. B, title XXIX, §§2904(b)(7), (8), 2909(1), 2914(a), Nov. 18, 1997, 111 Stat. 2018, 2021, 2022; Pub. L. 108–136, div. A, title III, §311(a), Nov. 24, 2003, 117 Stat. 1428; Pub. L. 111–84, div. A, title III, §312, Oct. 28, 2009, 123 Stat. 2247; Pub. L. 112–81, div. A, title III, §312(b)(6), Dec. 31, 2011, 125 Stat. 1353; Pub. L. 113–66, div. A, title III, §313, title X, §1091(c)(1), Dec. 26, 2013, 127 Stat. 729, 876.)
Editorial Notes
Amendments
2013—Subsecs. (b), (c). Pub. L. 113–66, §313, substituted "fiscal years 2014 through 2019" for "fiscal years 2009 through 2014".
Subsec. (d). Pub. L. 113–66, §1091(c)(1), made technical amendment to directory language of Pub. L. 112–81, §312(b)(6)(F). See 2011 Amendment note below.
2011—Pub. L. 112–81, §312(b)(6), as amended by Pub. L. 113–66, §1091(c)(1), inserted section catchline and headings for subsecs. (a) to (d).
2009—Subsec. (b). Pub. L. 111–84, §312(a), (b)(1), substituted "Of the amounts authorized to be appropriated to the Department of Defense, there are authorized" for "There are authorized" and "fiscal years 2009 through 2014" for "fiscal years 2004 through 2008".
Subsec. (c). Pub. L. 111–84, §312(a), (b)(2), substituted "Of the amounts authorized to be appropriated to the Department of the Interior, there are authorized" for "There are authorized" and "fiscal years 2009 through 2014" for "fiscal years 2004 through 2008".
2003—Subsecs. (b), (c). Pub. L. 108–136 substituted "fiscal years 2004 through 2008" for "fiscal years 1998 through 2003".
1997—Subsec. (a). Pub. L. 105–85, §2904(b)(7), substituted "integrated natural resources management plans" for "cooperative plans".
Subsec. (b). Pub. L. 105–85, §2914(a), substituted "1998 through 2003," for "1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, and 1993,".
Subsec. (c). Pub. L. 105–85, §2914(a), substituted "1998 through 2003," for "1983, 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, and 1993,".
Pub. L. 105–85, §2904(b)(8), substituted "integrated natural resources management plans" for "cooperative plans".
1989—Subsec. (a). Pub. L. 101–189, §2845(b)(1), inserted "and cooperative agreements agreed to under section 670c–1 of this title" after "sections 670a and 670b of this title".
Subsec. (b). Pub. L. 101–189, §2845(b)(2), inserted ", and to carry out such functions and responsibilities as the Secretary may have under cooperative agreements entered into under section 670c–1 of this title" before period at end of first sentence.
1988—Subsecs. (b), (c). Pub. L. 100–653 substituted "1988, 1989, 1990, 1991, 1992, and 1993" for "and 1988".
1986—Subsec. (a). Pub. L. 99–561, §3(b), inserted provision that all funds collected remain available until expended.
Subsecs. (b), (c). Pub. L. 99–561, §1(a), substituted "1985, 1986, 1987, and 1988" for "and 1985".
1982—Subsecs. (b), (c). Pub. L. 97–396, §2(1), substituted "1983, 1984, and 1985," for "ending September 30, 1979, September 30, 1980, and September 30, 1981," wherever appearing.
Subsec. (d). Pub. L. 97–396, §2(2), added subsec. (d).
1978—Subsec. (b). Pub. L. 95–420 substituted provisions authorizing the appropriation of not to exceed $1,500,000 for each of the fiscal years ending Sept. 30, 1979, 1980 and 1981 for provisions authorizing the appropriation of not to exceed $500,000 per fiscal year for fiscal years beginning July 1, 1969, 1970, and 1971 and not to exceed $1,500,000 for fiscal year beginning July 1, 1972 and for each of the next five fiscal years thereafter and struck out provisions relating to the authorization of appropriations to the Secretary of the Interior not to exceed $2,000,000 for the fiscal year beginning July 1, 1973 and for each of the next four fiscal years thereafter to enable the Secretary to carry out the functions and responsibilities under cooperative plans, sums appropriated under this subchapter to be available until expended.
Subsec. (c). Pub. L. 95–420 added subsec. (c).
1974—Subsec. (a). Pub. L. 93–452, §3(5), substituted "sections 101 and 102" for "sections 1 and 2" which for purposes of codification was translated as "sections 670a and 670b", therefore requiring no change in text because of redesignation of former sections 1 and 2 of Pub. L. 86–797 by section 3(1) of Pub. L. 93–452.
Subsec. (b). Pub. L. 93–452, §§1(2), 3(4), inserted provisions authorizing appropriations of not to exceed $1,500,000 for the fiscal year beginning July 1, 1972, and for each of the next five fiscal years thereafter, and authorizing appropriations to the Secretary of the Interior not to exceed $2,000,000 for the fiscal year beginning July 1, 1973, and for each of the next four fiscal years thereafter, and substituted "title" for "Act" wherever appearing, which for purposes of codification was translated as "subchapter".
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Pub. L. 113–66, div. A, title X, §1091(c), Dec. 26, 2013, 127 Stat. 876, provided in part that the amendment by section 1091(c)(1) is effective as of Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.