NWRS Summary

Public Lands and Natural Resources Law: LACJR..............last update: April 22, 1996

THE WILDLIFE RESOURCE

The National Wildlife Refuge System -- partial summary

See:
Coggins et al, Federal Public Land and Resources Law, 3rd ed., 1993, Chapter 9, pp. 839-859.
Glicksman and Coggins, Modern Public Land Law in a Nutshell, Chapter 9, pp. 246-249.

See also:
United States Fish and Wildlife Service home page and others.

The central purpose of the National Wildlife Refuge System is conservation of wildlife -- this is the only extensive federal land system with that primary purpose. Current congressional proposals, however, would eliminate the primary purpose of conservation and protection for wildlife.

Origins

Presidential proclamation re Pelican Island as refuge in 1903.

Congressional ad hoc legislation and authorization of presidential action to establish wildlife ranges.

Migratory Bird Treaty Act of 1918 provided stimulus for establishing a systematic program of refuge acquisition -- but it did not authorize acquisition of habitat: so Congress passed the following act:

Migratory Bird Conservation Act of 1929.

initially created "inviolate sanctuaries";
then 1949, 1958 amendments opened up 25%, then 40% of refuge area to public hunting "if compatible" with major purposes for which the refuge was established.
requires consent of state which is involved.

Funding for acquisition, but also a slant toward migratory waterfowl, is assured by the Migratory Bird Hunting Stamp Act of 1934.

The Water Bank Act of 1970 authorizes the Secretary of Agriculture to pay private landowners for preserving wetlands and is thus an alternative to outright acquisition of lands as a means of preserving habitat.

Current Authority

National Wildlife Refuge System Administration Act of 1966.
This act consolidated the various refuge units into the NWRS. It provides little guidance for administration, but it does provide

restrictions on land transfers
clarified authority re donations for land acquisition
authorized Secretary to "permit" the use of any area within the system for any purpose, including but not limited to hunting, fishing, public recreation and accommodations, and access whenever he determines that such uses are compatible with the major purposes for which such areas were established. 16 USCA § 668dd (d)(1).

So dominant use management is typical....

Refuge Recreation Act of 1962 -- also has the compatibility language.

Refuge Revenue Sharing Act 1964 -- gives states a dollar benefit from presence of refuges.

Controversies

Litigation has concerned the issues of:

Secretary's authority to permit or prohibit particular uses under the compatibility standard.
Secretary's authority to transfer lands from the system.
Application of N.E.P.A. to decisions affecting refuges
Which government agency has ultimate responsibility for refuge management....vested in US FWS by amendment to the Act in 1976.

Purposes Compromised?

Hunting, fishing, and trapping have become normal activities in refuges - haying and mineral leasing also occur. Recreational use is threatening degradation of a number of refuges, but is desirable from an economic standpoint, and appears to have the support of the 104th Congress; particularly Rep. Don Young, R, Alaska, Chair of House Resources Committee.

Proposals in the 104th Congress, including HR 1675, would:

raise recreation and commercial purposes to coequal status as conservation of wildlife and habitats, and thereby minimize compatibility reviews on hunting, fishing and trapping (regardless of biological impacts);
limit public review of agencies decisions on use;
reduce the FWS authority to control recreational uses such as waterskiing, jet skiing, power boating etc.;
frustrate the FWS authority to assert reserved water rights for refuges;
Require FWS to permit the use of toxic pesticides in farmed areas in Klamath Basin NWR Complex of California and Oregon.

President Clinton signed an executive order, dated March 25, 1996, which reaffirmed the guiding principles of the refuge system (public use compatible with primary purpose; protection of habitat; "conservation partnerships" with sportspersons; and public involvement in acquisitions and management decisions), but also contains directives to the Secretary of the Interior "to ... (b) provide expanded opportunities for these priority public uses ..." among other things. Was he trying to head off Congressional support for HR 1675?

Public Lands syllabus
Lorn's home page