Summary: H.R.3338 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (10/26/1990)

Title I: Fisheries and Wildlife Provisions - Directs the Secretary of the Interior to convey to South Carolina all U.S. right, title, and interest to the fish hatchery property located near Cheraw, South Carolina. Requires reversion if the property, including the proceeds from the sale of timber or other products, is used as other than part of the State's Fisheries Resource Management Program.

Designates the Northeast Anadromous Fish Research Laboratory at Turners Falls, Massachusetts, as the Silvio O. Conte Anadromous Fish Research Center.

Authorizes and directs the Secretary to conduct a feasibility study on establishing a Federal fish hatchery in McDowell County, West Virginia. Authorizes the Secretary, conditioned upon completion of such study and location of a suitable site and water supply, to construct the hatchery to be designated as the Carl R. Sullivan National Fish Hatchery. Authorizes appropriations.

Redesignates the National Fish and Wildlife Forensics Laboratory in Ashland, Oregon, as the Clark R. Bavin National Fish and Wildlife Forensics Laboratory.

Amends the Fish and Wildlife Conservation Act of 1980 to authorize appropriations for the development and implementation by States of conservation plans and for administration of certain fish and wildlife conservation provisions.

Wallkill River National Wildlife Refuge Act - Authorizes the Secretary of the Interior to acquire certain lands and waters, and directs the Secretary to designate the area as the Wallkill National Wildlife Refuge in New Jersey. Authorizes appropriations.

Establishes the Bayou Cocodrie National Wildlife Refuge in Louisiana. Directs the Secretary of the Interior, through the U.S. Fish and Wildlife Service, to: (1) manage an amount of refuge woodlands as a contiguous mature forest sufficient to benefit the species of passerine birds that occupy this type of habitat; and (2) permit access to and development of reserved non-Federal mineral interests within the refuge. Authorizes appropriations.

Authorizes and directs the Secretary of the Interior to transfer certain lands designated as the Carolina Sandhills Wildlife Management Area to the South Carolina Commission of Forestry.

Conditions such transfer upon the Commission: (1) managing such lands for the benefit of endangered species of plants or animals in accordance with the Recovery Plan for the Red Cockaded Woodpecker; (2) consulting with the U.S. Fish and Wildlife Service regarding the impact of its management practices on such endangered species; and (3) entering into an agreement with the U.S. Fish and Wildlife Service to provide to such lands basic forest fire protection and certain burning and reforestation services for specified periods of time after the date of such transfer.

Provides that such lands shall revert to the United States if: (1) the Secretary determines that the Commission is not in compliance with the terms of such transfer; (2) the lands cease to be used for public purposes; or (3) the Commission no longer desires to operate such lands.

Authorizes the Commission to acquire lands within or adjacent to the transferred lands by exchange or sale of such land. Provides that the Commission, prior to such acquisition, shall: (1) notify the U.S. Fish and Wildlife Service; and (2) determine that the acquisition is in the best interest of the public purposes of South Carolina and is necessary for efficient management administration of the transferred lands.

Repeals a certain executive order concerning the Sand Hills State Forest.

National Fish and Wildlife Foundation Establishment Act Amendments of 1990 - Amends the National Fish and Wildlife Foundation Establishment Act to eliminate the cap on pay for the officers and employees of the Foundation.

Increases the authorization of appropriations for the Foundation. Prohibits using Federal funds for Foundation administrative expenses.

New England Fishery Resources Restoration Act of 1990 - Requires the Director of the U.S. Fish and Wildlife Service to: (1) implement programs to restore and maintain nationally significant, interjurisdictional fishery resources originating in New England river systems; (2) conduct a study of impediments to upstream and downstream passage of fish in rivers and streams in the New England States due to dams that are not licensed by the Federal Energy Regulatory Commission or other human-caused obstructions; and (3) inventory the natural values of river basins in New England, identify fish and wildlife habitat in most need of protection or where public access to the rivers should be provided, and assess measures for providing the necessary protection or access. Authorizes appropriations.

Amends the North American Wetlands Conservation Act to make the Director of the U.S. Fish and Wildlife Service the responsible Federal official for ensuring compliance by the North American Wetlands Conservation Council with the National Environmental Policy Act of 1969. Excludes the Council from application of the Federal Advisory Committee Act. Requires public notice of Council meetings. Considers, solely for the purpose of the National Environmental Policy Act of 1969, recommendations by the Council to be Federal actions requiring the preparation of environmental assessments or environmental impact statements.

Exempts land or interest in land acquired by any person since June 28, 1980, from provisions of the Supplemental Appropriations Act, 1983 prohibiting the use of Federal funds to acquire land or interest in land within the Tensas River National Wildlife Refuge.

Title II: Environmental Enforcement - Pollution Prosecution Act of 1990 - Directs the Administrator of the Environmental Protection Agency (EPA) to increase the number of criminal investigators in the Office of Criminal Investigations to assure that the number of investigators assigned to the Office is at least: (1) 72 during FY 1992; (2) 110 during FY 1993; (3) 123 during FY 1994; (4) 160 during FY 1995; and (5) 200 beginning in FY 1996. Requires that the head of the Office: (1) be a position in the competitive service or a career reserve position; and (2) report directly to the Assistant Administrator for Enforcement.

Requires the Administrator to increase by 50 the number of civil investigators assigned to assist the Office of Enforcement in developing and prosecuting civil and administrative actions.

Directs the Administrator to establish within the Office of Enforcement the National Enforcement Training Institute to train lawyers, inspectors, investigators, and technical experts in environmental law enforcement.

Authorizes appropriations.

Title III: Regional Marine Research Programs - Amends the Marine Protection, Research and Sanctuaries Act to create a new title on regional marine research programs regarding marine and coastal research on water quality and ecosystem health.

Establishes a Regional Research Board for each of nine geographic regions. Makes the Great Lakes Research Office, authorized under existing provisions, responsible for research in the Great Lakes region and considers it the Great Lakes counterpart to the research program established under the new title.

Sets forth the functions of each Board, including: (1) developing a research plan; (2) coordinating research among institutions and agencies; (3) providing for comment on research plans; (4) ensuring the quality of research; and (5) reporting periodically to the Congress.

Terminates each Board on October 1, 1999, unless extended by the Congress.

Requires each Board to submit its plan to the Administrator of the National Oceanic and Atmospheric Administration (NOAA) and the Administrator of the Environmental Protection Agency for approval.

Requires the NOAA Administrator to administer a grant program to support the administrative functions of each Board. Allows each Board to annually submit a grant application to the NOAA Administrator to fund projects to achieve research priorities set forth in each approved research plan. Requires the concurrence of the Environmental Protection Agency Administrator for the NOAA Administrator to approve the application.

Authorizes appropriations to carry out the new title.

Title IV: Forest Foundation - National Forest Foundation Act - Establishes the National Forest Foundation as a charitable and nonprofit corporation in the District of Columbia to: (1) encourage and administer private gifts in connection with the Forest Service of the Department of Agriculture; (2) conduct activities that further the purposes of the National Forest System and are consistent with approved forest plans; and (3) conduct and encourage activities that support programs administered by the Service. Authorizes appropriations.