Authority of Secretary of Defense
Program
In general
The Secretary of Defense shall carry out a program to provide for the conservation and rehabilitation of natural resources on military installations.
Integrated natural resources management plan
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.
Purposes of program
Effect on other law
Required elements of plans
Prohibitions on sale and lease of lands unless effects compatible with plan
Implementation and enforcement of integrated natural resources management plans
Applicability of other laws
section 670b of this titleIntegrated natural resources management plans agreed to under the authority of this section and shall not be deemed to be, nor treated as, cooperative agreements to which chapter 63 of title 31 applies.
Reviews and reports
Secretary of Defense
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.
“Committees” defined
Program for invasive species management for military installations
Inclusion of invasive species management
Consultation
The Secretary of Defense shall carry out this subsection in consultation with the Secretary of the Interior.
Pub. L. 86–797, title I, § 10174 Stat. 1052Pub. L. 93–45288 Stat. 1369Pub. L. 97–396, § 196 Stat. 2005Pub. L. 99–561, § 3(a)(1)100 Stat. 3150Pub. L. 105–85, div. B, title XXIX111 Stat. 2017Pub. L. 106–65, div. A, title X, § 1067(19)113 Stat. 775Pub. L. 108–136, div. A, title III, § 311(c)(1)117 Stat. 1429Pub. L. 111–84, div. A, title III, § 314123 Stat. 2248Pub. L. 112–81, div. A, title III, § 312(a)(2)125 Stat. 1352Pub. L. 117–263, div. A, title III, § 387136 Stat. 2546(, formerly § 1, , ; renumbered title I, § 101, and amended , §§ 1(1), 3(1), (2), , , 1375; , , ; , , ; , §§ 2904(a)–(b)(4), (c), 2906, 2907, 2913(2)–(4), , , 2018, 2020, 2022; , , ; , , ; , , ; , (b)(1), , , 1353; , , .)
Editorial Notes
Amendments
Pub. L. 117–263, § 387(a)2022—Subsec. (a)(3)(A)(ii) to (iv). , added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively.
Pub. L. 117–263, § 387(b)(1)Subsec. (g). , substituted “Program for invasive species management for military installations” for “Pilot program for invasive species management for military installations in Guam” in heading.
Pub. L. 117–263, § 387(b)(2)Subsec. (g)(1). , in introductory provisions, substituted “The” for “During fiscal years 2009 through 2014, the” and struck out “in Guam” after “military installations”.
Pub. L. 112–81, § 312(b)(1)(A)2011—, (B), inserted section catchline.
Pub. L. 112–81, § 312(a)(2)(A)Subsec. (a)(1)(B). , designated existing provisions as cl. (i) and added cl. (ii).
Pub. L. 112–81, § 312(a)(2)(B)Subsec. (a)(2). , inserted “or State-owned National Guard installation” after “military installation” in two places.
Pub. L. 112–81, § 312(a)(2)(C)(i)Subsec. (a)(3)(A). –(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).
Pub. L. 112–81, § 312(a)(2)(C)(vi)Subsec. (a)(3)(B). , added subpar. (B).
Pub. L. 112–81, § 312(a)(2)(D)Subsec. (b). , inserted “and State-owned National Guard installations” after “military installations” in introductory provisions.
Pub. L. 112–81, § 312(a)(2)(E)Subsec. (b)(1)(G), (I). , substituted “installation” for “military installation”.
Pub. L. 112–81, § 312(a)(2)(F)Subsec. (b)(3). , inserted “, in the case of a military installation,” after “(3) may”.
Pub. L. 112–81, § 312(b)(1)(C)Subsec. (c). , inserted heading.
Pub. L. 112–81, § 312(b)(1)(D)Subsec. (d). , inserted heading.
Pub. L. 112–81, § 312(b)(1)(E)(ii)Subsec. (e). , 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.
Pub. L. 111–842009—Subsec. (g)(1). substituted “fiscal years 2009 through 2014” for “fiscal years 2004 through 2008” in introductory provisions.
Pub. L. 108–1362003—Subsec. (g). added subsec. (g).
Pub. L. 106–651999—Subsec. (f)(3)(A). substituted “Committee on Armed Services” for “Committee on National Security”.
Pub. L. 105–85, § 2904(a)1997—Subsec. (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.”
Pub. L. 105–85, § 2904(c)(1)Subsec. (b). , 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)—”.
Pub. L. 105–85, § 2904(c)(1)Subsec. (b)(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;”.
Pub. L. 105–85, § 2904(c)(2)Subsec. (b)(2). , inserted “and” at end.
Pub. L. 105–85, § 2904(c)(3)Subsec. (b)(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”.
Pub. L. 105–85, § 2913(2)(A)Subsec. (b)(3)(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,”.
Pub. L. 105–85, § 2912(2)(B)Subsec. (b)(3)(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”.
Pub. L. 105–85, § 2904(c)(4)Subsec. (b)(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).
Pub. L. 105–85, § 2904(b)(2)Subsec. (c). , substituted “an integrated natural resources management plan” for “a cooperative plan” in introductory provisions.
Pub. L. 105–85, § 2913(3)(A)Subsec. (c)(1). , substituted “a military installation” for “a military reservation”.
Pub. L. 105–85, § 2913(3)(B)Subsec. (c)(2). , substituted “the installation” for “the reservation”.
Pub. L. 105–85, § 2904(b)(3)Subsec. (d). , substituted “integrated natural resources management plans” for “cooperative plans” in introductory provisions.
Pub. L. 105–85, § 2913(4)41 U.S.C. 501Subsec. (e). , substituted “chapter 63 of title 31” for “the Federal Grant and Cooperative Agreement Act of 1977 ( et seq.)”.
Pub. L. 105–85, § 2904(b)(4), substituted “Integrated natural resources management plans” for “Cooperative plans”.
Pub. L. 105–85, § 2907Subsec. (f). , added subsec. (f).
Pub. L. 99–561Providedsection 670b of this title1986— 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: , 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 shall not be deemed to be, nor treated as, cooperative agreements to which chapter 63 of title 31 applies.”
Pub. L. 97–396, § 1(1)1982—, added cl. (4).
Pub. L. 97–396, § 1(2)section 670b of this title, inserted provision that cooperative plans agreed to under the authority of this section and shall not be deemed to be, nor treated as, cooperative agreements to which chapter 63 of title 31 applies.
Pub. L. 93–4521974—, §§ 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, .
Effective Date of 2003 Amendment
Pub. L. 108–136, div. A, title III, § 311(c)(2)117 Stat. 1429
Review for Preparation of Integrated Natural Resources Management Plans
Pub. L. 105–85, div. B, title XXIX, § 2905111 Stat. 2019
Definitions .—
Review of Military Installations.—
Review .—
Report to congress .—
Deadline for Integrated Natural Resources Management Plans .—
Public Comment .—
Applicability of 1986 Amendments to Existing Contracts
Pub. L. 99–561, § 3(a)(2)100 Stat. 3151