>-t\ - IV Va C (V \J*(!<139 acres. Land ownerships in the watershed are in three major groupings. These are the public lands of Monongahela National Forest and Canaan Valley State Park, private corporate holdings and private individual holdings. This acquisition proposal considers only the 28,000 acres of land not currently in public ownership. The private corporate holdings take up the northern two- thirds of the valley with private individual farms and residences confined almost wholly to the southern and western one-third of the valley. Ownership distribution is some¬ what lopsided with 92$ of the valley being owned corporately or by five major private landowners. The corporate owner¬ ships tend to be of two types, either associated with the Davis Power Project such as Allegheny Power Systems, Inc., or associated with recreational development such as Kampgrounds of America, Inc. The exact amount of land involved in 3 ' Wa*t*'» <* J ainesUy t, rn | CJiatilou<7ua Balmont Salamanca Po«nta aua Ptn» Wa»urlY Glean Montio*a Smathoort r o o TW«^ Po»nt r~ALLXG"£" y r K«n« NATIONAL cr W«U»t»ro /» iSiamO IM Canton . J X ^P»n««»iU* ► A*o Euclid/* Ea*tiakn pftac* jp y p lU lU^ FCWr+Und H eight* Lakew^^^P Shaker Heights LL£. p^« _:.._ Emporium Titusville erne * w * ■maftliHOX WUlUta*V° rt S Broaafr ms/ Ridgway •"' Brock *»sy Clarion ObaH'* Rntimi Cuyahoga Fall* "‘"•“Alcron^ Barberton 0 « ClaarUetri-'' °irtn li i* »- n «» ihino*uur Youngstown iQ*a~ Ej etblebe^ rtovra^’ OS , J | U ts Code** _ •_! J j kit* and/ / o\ I Shettnn \ ; O \ v Msosdsld j Tyrona a Beaver Rail* . Monaca J/ laAliquipP* tar MCKaisv^El Hoc** teirton ^fx> Canton LiiOon i MIHa»»6uf«/ V ' Etsburub^ McKeesport Nahty Hotfidsyibuy / s, stooawt R— . mt Ww. ! hi**P*irada»pMa\ _Uhi "QiaeniOurt Bedfwd .Conned »viiie Cambndgt ««nar*w^fJo R EJVtof* Wtrymourj c **— ■ ' 3 *t Air V, Sl_ j ' . '- o _ a WeUmyniter ^avre ae Grace •BaltinioroScsoyf'^.t^. WOOd*tOCh^ / a Biisott City&irn.e ( Ch j Froatourg Caldwell Lexington i’ tAy»?j ArlingtotVi r j( N Manas***® ^*5 ^Wtrrenton 0 Mt^VerndJ" I inANOOAM' ^ -{. ~V— \ Quant" BucanannorT Glemnlle Grant jimfe-a , / Rrpley LHord-r/l , Sutton jhanandcjrro JY*rrisont>uya. < :'•s>’ fw c ' T-r S/vmswM VVabstaf •dto»n tHcgtou Ounca^. 3amt Albans'*^-* SAO««A wasi a/arfH^caCE 0 am»ling kaoova Summgysvilla / WaynasCQ*^® TjppanannaoA ^ikietaxa Fasattewil* Patmyrsi \ inland jj^nita Suritnur Sp»mt* Highland 'illiamsan Pmamll* r * ww ” w v \ _ Mk sy SOU/tc" •lQ NWR - ^ ^ . ' ^BlFFTPWb« ^c^r. • /■ agSP^ U Liy Ca>tfa X ■ ad tWgaSaiuaie ^ -^Badforri-' Salem an*oiyS'^P»t^ ■TOis «« ChaYiotta CH Blac k*tone \ _ fZ,' Stony C'aa* o> Chnsti Rlchial Radford ^ L Rocky Hoonp P Cha ssj^ Suffolk' 0 ' ■anca*illa-, f^BSoorTaCr Chatham L:y.Halifa* Basvstt FranklVl 9 HiltsYii'e Martmsuilla ~ !o1 LTL SCALE IN MILES the proposed acquisition will not be determined until an actual survey is made of the lands under consideration for purchase. B. Purpose The purpose of the refuge acquisition is to protect and preserve the boreal bog ecosystem found in the Canaan Valley. This vegetative mosaic is representative of areas hundreds of miles to the north in Canada and constitutes the largest bog and swamp community in West Virginia. Along with protection of the vegetative component of the ecosystem, acquisitions will insure the protection of the wildlife species associated with it. C. History The development of a National Wildlife Refuge proposal for Canaan Valley preceeded, but was inhibited by, Appalachian Regional Development initiatives in general, and the Federal Power Commission’s licensing proceeding for the Davis Power Project in particular. However, the dominant, current impetus for a national refuge in Canaan Valley 5 • • was provided by the requests of the two United States Senators for West Virginia in 1976 for an analysis of potential national refuge sites in West Virginia, and by the Congressional directive implicit in amendments made in 1976 to the Land and Water Conservation Fund Act.. By that legislation, the Congress made Land and Water Conservation Funds available, and provided new direction for the acquisition of areas under authority of the Fish and Wildlife Act of 1956 — not primarily suitable for migratory bird conservation. ^Although Canaan Valley has substantial valuable migratory bird characteristics, its principal value as a National Wildlife Refuge would lie not so much by relation to the fish and wildlife it sus¬ tains, but in its unique biological mosaic, considered on a comparative national and regional scale. The Service considered the possibility of a refuge in Canaan Valley at least as early as 1961 , when a biological survey of Canaan Valley was conducted. However, the 1960's witnessed a Federal effort at Appalachian regional development. At the same time, the funding priorities of the Service for refuge areas emphasized primary migratory bird use areas. 6 When Allegheny Power System’s subsidiaries filed their appli¬ cation in the Federal Power Commission for the Davis Project, the refuge proposal was further complicated. The Department's January 30, 1973 comments thereon indicated an interest in obtaining a portion of Canaan Valley as a refuge. However, on October 2, 1973, the Department’s comments on the Federal Power Commission’s draft EIS on the Davis Project recommended that a minimum of 20,000 acres be reserved for mitigation of project-occasioned damage to wildlife. The Department's May 20, 197*+ comments on the final EIS opposed the Davis Project outright. On May 5, 1975, the National Park Service published a notice in the Federal Register indicating that Canaan Valley had been added to the list of natural landmarks. (See appendix C). The National Registry of Natural Landmarks parallels, at the national level, the National Register of Historical Places. It lists the natural areas that are significant (natural landmarks) similar in importance to the historical or archeological areas that are nationally significant (national historical landmarks) listed in the National Register of Historic Places. 7 Purpose of the natural landmark program is to assist in the preservation of a variety of significant natural areas which illustrate the diversity of the country's natural history. Inclusion in the National Registry is intended to (l) encourage the preservation of sites illustrating a geological and ecological character of the United States, (2) enhance the educational and scientific value of sites thus preserved, (3) strengthen cultural appreciation of natural history, and (b) foster a wider interest and concern in the conservation of the Nation's natural heritage. With the passage of the aforementioned 1976 amendments to the Land and Water Conservation Fund Act, and in response to Congressional requests, a field reconnaissance of Canaan Valley was undertaken in the fall of 1976 and Realty and Biological Reconnaissance Reports were concluded in December, 1976. On April 22, 1977, the Director of the Fish and Wildlife Service selected for consideration the proposal addressed 8 in this DEIS and directed commencement of an environmental impact review, within the requirements of the National Environmental Policy Act. D. Administration and Management All flora and fauna would be managed consistent with current Service policies as detailed in the Final Environmental Statement on Operation of the National Wildlife Refuge System. The administration and management of the proposed National Wildlife Refuge in the Canaan Valley would be accomplished by developing a refuge masterplan around the following objectives: 1 . Preserve in perpetuity approximately 28,000 acres of boreal habitat, a unique ecosystem, and its wide spectrum of flora and fauna. 2. Provide a unique educational resource to all ages by assisting with field studies of environmental inter¬ relationships and stimulating curiosity of living 9 things by offering a variety of first-hand outdoor experiences. 3. Provide for bird watching, photography, nature study, hunting, fishing, and other wildlife-oriented activities. k. Establish a Woodcock Research and Management Area. The Valley has the highest density Woodcock population in West Virginia and is an important staging area for migratory Woodcock. 5. Provide and develop habitat for waterfowl consistent with preservation of existing ecosystems. The above objectives will be accomplished with only minor modification of the existing environment. Emphasis will be placed on providing access throughout the refuge on existing road and trail systems where management or public use activities dictate the need. Site development for headquarters, visitors center, parking lots, and other support facilities will be located in current public activity corridors in the Valley. 10 All facility development will be designed for maximum compatibility with the natural surroundings. Such develop¬ ment will provide for efficiency in management while conducting public use activities in ways beneficial to the public and yet not damaging to the wildlife resource or habitat. The headquarters complex will take up an area in the Valley of not more than ten acres and would include office, shop, and storage buildings. Additionally, yard storage areas and a parking lot to accomodate about 15 cars will be necessary. Water supply will be from on-site wells. The sewage treatment and disposal system will be tertiary treatment at a minimum to prevent any further degradation of water resources in the Valley as a result of Fish and Wildlife Service activities. In management, the Fish and Wildlife Service will maintain the Valley in its undisturbed condition where possible to provide cultural, educational and scientific opportunities for studying and observing wildlife resources of unique mixtures and characteristics. The Valley contains out¬ standing geologic formations, a vegetational community / that typifies an entire physiographic province, ecological 11 communities illustrating the process of succession following disruptive change, and parts of a relict flora persisting from an earlier period. No large scale habitat modification will be allowed such as large impoundments, extensive food plantings or large clearcuttings which will detract from the Valley's inherent values. Current land practices would be amenable to management for some species such as Woodcock. Some type of farming and livestock grazing agreements with the original owners would be the most effective. Grazing would be a good management tool in the spiraea thickets and in the large areas of forest grassland ecotone. Prescribed burning could also be used to open up areas and maintain the present successional state where needed for the species. Essential to all wildlife species management will be management of the vegetative types found in the Valley as outlined in Table 1. The northern two-thirds of the Canaan Valley includes about T 5% of the sphagnum and polytrichum bogs, of the aspen and aider stands, most of the beaver flowages and about 12 Table 1. Type and amount of vegetation found in Canaan Valley excluding Canaan Valley State Park. Type Total type acreage Percent of total Hardwoods 10,099 31*.9 Spruee-fir-hemlock 856 3.0 Aspen 257 0.9 Alder 1,757 6.1 Spiraea spp. 801 2.8 Ecotone 8,662 29.9 Grasses and forbs 5,171 17.9 Muskeg l, 28 l 4.4 Beaver Ponds 62 0.2 Total 28,946* 100.1 * Figures subject to final cadastral surveys. 13 50 % of the forest-grassland ecotone present in the area. The Valley floor is a mosaic of bogs with fringe communities of shrubs and trees interspersed with beaver flowages. The slopes of the Valley contain large acreages of northern hardwood type and forest grassland ecotone. Since the makeup of the Valley floor represents the largest expanse of bog community in West Virginia, any management will be restricted to perpetuation of this type. Two species of sedge, Carex howei mackenzii and Carex atherodes exist nowhere else in West Virginia. The cranberry tree ( Viburnum trilobum) and wood horsetail ( Equisetum sylvaticum ) also have their only natural station in West Virginia in the Canaan Valley. The northern hardwood types appear to be the new climax vegetation over most of the lower slopes of Cabin and Canaan Mountains surrounding the Valley. The dominant species in the northern hardwood climax type are American beech, sugar maple, red maple, black cherry, white ash, yellow birch, and bigtooth aspen. Aspen, a pioneer species, will decrease in importance as a stand component as the forest matures. Natural succession over a long period Table 2. Management of Cover Types in the Canaan Valley. Cover Type Management Objectives Northern Hardwood -Maintain Valley slopes for deer, turkey and grouse -Clearcut small blocks on Valley floor near aspen stands -Use thinning to stimulate undergrowth on areas on Valley floor Forest-Grassland Ecotone -Maintain present acreage -Rejuvenate older-abrupt edges by thinning back into forest -Use grazing and prescribed burning to maintain areas Grasses and Forbs -Establish shrub communities by planting (Hawthorn) or permitting succession to take place -Use prescribed burning and grazing to hold back woody succession Alder -Increase acreage by planting -Open up older stands by grazing or thinning -Rejuvenate stands by clearcutting during dormant season Aspen -Strive for uneven age # classes -Clearcut to maintain stands in sapling and pole size -Favor aspen increase by clearcutting in northern hardwood stands with aspen present -Use grazing to keep herbaceous growth down and make stands attractive to migrants 15 W1 , _ „unncrp the forest-grassland ecotone and the 11 probably change * , „ +-i ITT? HKAa DvcLiacnoa ITTT the impacts of the Glade Run Reservoir would still be significant Drawdown during operation from maximum pool elevation would be approximately ^1 feet, leaving a beach zone devoid of life due to the rapid fluctuation. Additionally, the hazardous fluctu¬ ations would constitute a threat to human safety thus precluding any recreational usage. The specifics of the siting require¬ ments of the Glade Run Power Project were not clearly defined by Judge Kaplan. The map depictions are estimations based on Judge Kaplan's narrative descriptions of the project. Several plant species rare in West Virginia have their only known station at the Glade Run site. A rare sedge. Carex atherodes , occurs as a rather large colony (approximately one- eigth acre) on the margin of a large beaver pond on Glade Run about 0.5 mile north of the site for the pump-generating station of the proposed power project. Other species include Howe's Sedge ( Carex howei Mackenz ), wood horsetail ( Equisitum Sylvaticum _L.) and the cranberry tree (Viburnum triralum Marsh ). Some of the species represent an endemic population left over from the Wisconsin Glaciation Period. All would be lost through inundation at the Glade Run site. Other project features in conflict with National Wildlife Refuge values include a large supplemental or "make up" reservoir 103 of unknown surface acreage on the Blackwater River. Reference is made in the Davis Project FEIS to a reservoir that, by in¬ ference, would be about one-third the size of the Glade Run Lower Reservoir and would be used in the initial filling period and during drought periods. It would inundate or dewater 4 miles of the Blackwater River and destroy the existing trout fishery. This loss, along with the loss of 5 miles of Glade Run habitat and fishery, is critical, but not nearly so much as when considered as a whole with a refuge operation. The total acreage in the Glade Run Alternative is not nearly as important as the manner in which it is distributed throughout the Valley, The upper and lower reservoirs, penstocks, power¬ house, make-up pond, pumping lines, transmission lines and the necessary improved construction and maintenance of roads all combine to directly or indirectly impact several thousand acres of the Valley floor and Cabin Mountain. The Glade Run proposal would have the advantage of providing revenue to the county on a continuing basis as a private taxable industry and these taxes would tend to offset some of the adverse impacts of the power project. Alternative C - Excluded Areas This alternative would attempt to preserve the unique biological characteristics of the Canaan Valley through a minimum acqui¬ sition program by Fish and Wildlife Service. The Service would acquire only those lands in the northern end of the Valley that are wetland in type. It is likely that all of the holdings of Allegheny Power System and Western Maryland Railway Company would be acquired. Total lands to be acquired under this alternative would be slightly over 18,000 acres. This acreage would be the core of the unique ecosystem of the Valley. The benefits to be derived from this type of acqui¬ sition would be that the most critical wetlands of the Valley would be saved from direct encroachment and/or loss. Virtually all of the flora and fauna associated with the wet¬ lands would be protected. The upland portions of the Valley outside this refuge would be available for recreational and permanent homes or industrial development, thereby preserving existing, and providing additional, income and tax dollars to the residents of Tucker County. 105 CANAAN VALLEY NATIONAL WILDLIFE REFUGE t'llTVD STATES DEFAtTHE'lT Of TIE IITEIIOI TVC&KB COUNTY, »Blt YIBCINU IIIITEI STATES ns« All W I LI LIFE SCIT1CE Excluded Areas North Wetlands Refuge alternative c & V ■ofto*CAasLA\ national POISST rf ats COMPILED »"» TIE OFFICE Of BEALTr FROM SL8TEY9 IT THE C-S.t.S. IQ9TOS. MASSACHUSETTS JLIE IST7 MEAI DECLINATION Since no zoning regulation exists for the Valley, uncontrolled development would continue on the excluded portions of the Valley. Associated with this development could he encroachment on refuge boundaries. Point-source pollution and a general eutrophication of the wetlands in the excluded portion of the Valley could occur, but most likely could be mitigated or stopped through available legal means. Species using both wetlands and peripheral uplands outside the refuge - such as woodcock - would be reduced as uplands were used for development. 'N Recreational opportunities associated with wildlife species would be reduced in excluded portions as acreages for hunting, fishing and outdoor recreation were reduced. In summary, this alternative would provide a measure of pro¬ tection, but may not adequately provide for the total blend of habitats and species that go into the make-up of this unique area. Certain amounts of upland are necessary to pre¬ serve the "ecotone" species and to provide a full range of resource-oriented recreational activities. 107 The woodcock,which is a successful species in the valley,is typical of an ecotone species. It is highly dependent on the alder thickets of the wetlands associated with the Blackwater River and its tributaries for protective cover but also needs to have upland fields for its exclusive diet of earthworms and upland timber for nesting habitat. Alternative D - Entire Watershed Purchase This alternative would acquire through negotiation and/or con- demnation full fee title to all private or corporate ownerships within the watershed bounds of the Valley. This approach can be considered the ideal for wildlife resource and ecosystem preservation. The alternative differs from the proposal in Section I in its approach to acquisition and refuge operation. All existing developments and residences would be removed ex¬ clusive of those necessary for refuge operations. Current residents, businesses and farms would be provided relocation assistance to areas outside of the Valley. All refuge operations and management would be self-contained or Service needs contracted out. 108 Total fee acquisition would be similar to the estimate of $39,291,700 for 2T,?6U acres of land set out in Section I. However, costs associated with relocation of homes and businesses would greatly elevate this figure. The resource benefits derived from this alternative are the same as could be expected from the refuge proposal set out in Section I. Additional positive impacts would be that the wildlife and vegetative resource of the Vadley would be totally protected from human encroachment. The entire watershed would be available for the benefit of the general public. The addition of the entire watershed to the refuge system would result in increased revenues to Tucker County through refuge revenue sharing funds. A single large contiguous ownership enables a refuge operation to maximize its management capabilities. Fee acquisition would result in the dislocation and relocation of approximately l60 permanent and nonpermanent residents. Busi¬ nesses with established clienteles would have to relocate. Both initial and annually recurring refuge operations and main¬ tenance costs would be increased because of the enlarged staff and extra equipment that would be necessary to carry on manage¬ ment through the Valley. 109 iiim itatii riM ah» tiLKin mvia CANAAN VALLEY NATIONAL WILDLIFE REFUGE C *ITED 1TATBJ TMBflT OP TIB l»TVBIOB TTJC&U COiPITT, WOT VIIC1NU COMPILED I"* TUB OPP1CB 09 BBAJ.TT F BOH SHVETS IT TIB LJ.tJ. ■ BA* BCCU*ATION B4MTO*. ■ASfACBlSETTS JC*« IPTT ; wSm Consultation and Coovdinat ion IX. CONSULTATION AND COORDINATION WITH OTHERS A. Coordination in the Development and preparation of the Proposal Active consideration of the area as a National Wildlife Refuge was undertaken in mid-1976. At that time, reconnaissance work was completed by Fish and Wildlife field biologists in cooperation with West Virginia Department of Natural Resources biologists. In October, 1977, the Director of the Fish and /... ,, „■ Wildlife Service and supporting staff toward the Valley with APS representatives in order to gain a more complete under¬ standing of the Davis Power Project and the Company’s Fish and Wildlife mitigation proposals. Both U.S. Senators from West Virginia have expressed a continuing interest in a refuge in the Canaan Valley and meetings were held between senatorial aides and Fish and Wildlife Service staff members throughout 1977* Continuing field work in preparation of this draft statement was coordinated with Division of Parks and Division of Wildlife Resources for the State of West Virginia, U.S. Forest Service staff from Monongehela National Forest and private groups and businesses, in particular, Allegheny Power System employees. Ill News releases were provided to the media in November 1977 informing the general public of the Fish and Wildlife Service refuge proposal and provided contacts for any opinions that the public cared to express and also informing the public of upcoming public hearings on the refuge proposal. B. Coordination in the Review of the DEIS Copies of this environmental statement have been sent to the following agencies and private groups for review: Federal Agencies Advisory Council on Historic Preservation Department of Agriculture U. S. Forest Service Department of Commerce Department of Defense U. S. Corps of Engineers Department of Energy Federal Energy Regulatory Commission (FERC) Department of Interior Bureau of Mines Bureau of Reclamation Heritage Conservation and Recreation Service National Park Service U. S. Geological Survey Department of Transportation Environmental Protection Agency Atlantic Flyway Council State and Local Agencies West Virginia State Clearing House West Virginia Department of Natural Resources 112 City of Parsons, West Virginia City of Thomas, West Virginia Town of Davis, West Virginia Town of Hamilton, West Virginia Town of Hendricks, West Virginia Tucker County Commission Private Groups Appalachian Research and Defense Fund, Inc. Allegheny Power Service Corp. Blackwater Civic Association Canaan Valley Association Isaac Walton League of America Isaac Walton League of America, West Virginia Division Tucker County Chamber of Commerce West Virginia Highlands Conservancy The Nature Conservancy Environmental Defense Fund Sierra Club Legal Defense Fund, Inc. Trout Unlimited, West Virginia Council Garden Club of America General Federation of Women's Clubs Monongehela Power Company West Virginia Wildlife Federation Barbara B. Graham, Attorney David I. Granger, Attorney J. Pat Nichols, Attorney William J. Madden, Attorney Paul T. Nowak, Jr., Attorney Dr. E. H. Crum, West Virginia University Dr. Ed Michaels, West Virginia University Dr. Donald Brannon, Environmental Awareness Commission Dr. Gordon Mon, Potomac State College Mr. John Hamilton, Maryville College, E.E.C. Schools, Colleges and Universities Tucker County School District West Virginia University West Virginia Institute of Technology Potomac State College of West Virginia University 113 . Appendix APPENDIX A UNITED STATES DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE Washington, D.C. 20240 Selected List of Federal Laws and Treaties Relating to Sport Fish and Wildlife Revised December 1970 Office of Legislative Services The Acts and Treaties listed here with descriptions of their provisions and relevant additional information are the authorities for many programs of the Department of the Interior acting through its U.S. Fish and Wildlife Service. The purpose of this leaflet is to provide a ready reference to the authorities most commonly associated with conservation of fish, wildlife and plants, most of which provide direction for the work of the U.S. Fish and Wildlife Service. However, it is not a complete listing of all conservation related Acts or of all Acts governing the work of the Service. I n addition, this leaflet does not include all the Federal laws directing consultation or coordination with or by the U.S. Fish and Wildlife Service, nor does it include all of the laws influencing or directing general Federal administrative practices. The laws and treaties with important amendments noted are arranged alphabetically by popular name, except that some statutes have been grouped together in the alphabetical listing under the following headings: Fish and Wildlife Conservation at Federal Reclamation Projects; Fish and Wildlife Conservation at Federal Water Resource Development Projects of the Corps of Engineers; National Fish Hatchery Acts; National Wildlife Refuge Acts; National Wild and Scenic Rivers System Acts; National Wilderness Preservation System Acts. Abbreviations used in the citations following the name of the Act or Treaty refer to the following documents: I.L.M.: International Legal Materials, issued by the U.S. Department of State; Stat.: United States Statutes at Large published by the U.S. Government Printing Office, various volumes; TS: Treaty Series, issued by the L T .S. Department of State as single pamphlets (until replaced by T.I.A.S. in 1945); T.I.A.S.: Treaties and Other International Acts Series, issued by the U.S. Department of State as single pamphlets; U.S.C.: United States Code, published by the U.S. Government Printing Office, 1970 edition and supplements; U.S.T.: United States Treaties and Other International Agreements, published by the U.S. Government Printing Office, various volumes published on a calendar year basis as of January 1, 1950. Administrative Procedures Act (5 U.S.C. 551-559, 701- 706. 1305, 3105, 3344, 4301, 5362, 7521; 60 Stat. 237), as amended.—Public Law 79-404, as amended, outlines the several forms of administrative proceedings (hearings, adjudication, etc.) and prescribes procedural and substan¬ tive limitations thereon. The Act also provides for judicial review of Federal agency decisionmaking actions. Accelerated Wetland Acquisition Loan Act— See Wetlands Loan Act Agreement Between the United States and Den¬ mark Relating to Conservation of Atlantic Salmon (23 U.S.T. 1278-.T.I.A.S. 7402).—This Agreement effected by exchange of notes signed in Washington, D.C.,JuIy6, 1972, and entered into force on that same date has as its purpose the regulation of the Atlantic salmon catch in 1972 and subsequent years. Agreement on Cooperation in the Field of Environ¬ mental Protection (23 U.S.T. 845; T.I.A.S. 7345).—This May 23, 1972, agreement between the United States and the USSR has as an objective cooperation in the held of environmental protection through exchange of scientific personnel, organization of bilateral conferences, exchange of scientific and technical information, and development and implementation of projects. The agreement emphasizes activities related to air and water pollution, enhancement of urban environment, preservation of nature, establishment of preserves, and arctic and subarctic ecological svstems. Agreement on the Conservation of Polar Bears (I.L.M. 13:13-18, Jan. 1974).—This 1973 agreement between the governments ofCanada, Denmark, Norway, USSR and the United States recognizes the responsibilities of the circumpolar countries for coordination of actions to protect polar bears. Except under certain specified conditions, , taking of polar bears is prohibited. The agreement was signed by the United States on November 15, 1973, and ratified September 30, 1976. Agreement entered into force November 1, 1976, with ratification by three countries. Public Law 92-522, the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.\ 86 Stat. 1027) provides authority for the United States to implement the agreement. Airborne Hunting Act—See F'ish and Wildlife Act of 1956 Airport and Airway Development Act (49 U.S.C. 1701-1742; 84 Stat. 219), as amended.—Among other things requires consultation with the Secretary of the Interior to obtain recommendations regarding preservation of envi¬ ronmental quality in approving airport construction. Alaska Native Claims Settlement Act (43 U.S.C. 1601-1624; 85 Stat. 688), as amended.—Under Public Law 92-203, approved December 18, 1971, Alaska Natives can choose and receive title to 42 million acres, or about one- ninth of the State as part of their original claim to the land. The Act also requires the Secretary of the Interior to withdraw up to 80 million acres of existing public land for specific consideration as new national wildlife refuges, national parks, national forests and wild and scenic rivers. These lands remain in a special withdrawal category until Congress acts on the proposals or until December 1978. As a result of this Act the Secretary’ has recommended among other things the addition of some 31.59 million acres to the National Wildlife Refuge System. Anadromous Fish Conservation Act (16 U.S.C. 757a- 757f; 79 Stat. 1125), as amended.—Public Law 89-304, approved October 30, 1965, authorizes the Secretary of the Interior and Commerce to enter into cooperative agreements with the States and other non-Federal interests for conser¬ vation, development and enhancement of the Nation's anadromous fish (such as salmon, shad, steelhead trout and striped bass), including anadromous fish in theGreat Lakes. Investigations, engineering and biological surveys, re¬ search, stream clearance, construction, maintenance and operations of hatcheries and devices and structures for improving movement, feeding and spawning conditions are authorized. Amended by Public Law 91-249, May 14, 1970 (84 Stat. 214) and by Public Law 93-362, July 30, 1974 (88 Stat. 398) to extend and increase the authorization of appropriations through June 30, 1979, and to make various technical and clarifying changes in the law for sea lamprey control programs. Animal Damage Control Act of March 2, 1931 (7 LLS.C. 426-426b; 47 Stat. 1468).—Provides broad authority for investigations, demonstrations and control of mammal¬ ian predators, rodents and birds. Gives authority to enter into cooperative agreements with other agencies to conduct such activities. Control functions transferred from the Department of Agriculture to the Department of the Interior in 1939 by Reorganization Plan No. II. Executive Order 11643 ofFebruary8,1972, Executive Order 11870 of July 18, 1975, and Executive Order 11917 of May 28, 1976, prescribe the use of certain toxicants in Federal predator control programs and on Federal lands. Animal Welfare Act (7 U.S.C. 2131-2155;80Stat. 350,84 Stat. 1560), as amended.—Also referred to as the Federal Laboratory Animal Welfare Act, Public Law 91-579, approved December 24. 1970, as amended by Public Law94- 279, approved April 22, 1976 (90 Stat. 417), directs the Secretary of Agriculture to regulate and insure the humane care and treatment of dogs, cats and certain other animals used for research, experimentation, exhibition and sale purposes, as well as to assure humane treatment of animals during transportation in commerce and to pi >tect owners of animals from theft by preventing the sale or use of animals which have been stolen. Directs consultation and coopera¬ tion with other Federal agencies concerned with the welfare of animals in the establishment of standards and in carrying out other purposes of the Act. Antiquities Act (16 U.S.C. 431, 432, 433; 34 Stat. 225).—The Act of June 8, 1906, among other things requires that a permit be obtained for examination of ruins, excavation of archaeological sites and the gathering of objects of antiquity on lands under the jurisdiction of the Secretaries of Interior, Agriculture and Army. Archeological and Historic Preservation Act (16 U.S.C. 469-469c; 74 Stat. 220), as amended.—This Act directs Federal agencies to notify the Secretary of the Interior whenever they find a Federal or Federally assisted, licensed or permitted project may cause loss or destruction of significant scientific, prehistoric, historic or archeologic data. Funds may be appropriated, donated and/or trans¬ ferred for the recovery, protection and preservation of such data. Atlantic Salmon Conservation Agreement be¬ tween the United States and Denmark—See Agree¬ ment between the United States and Denmark Relating to Conservation of Atlantic Salmon Bald Eagle Act of 1940 (16 U.S.C. 668-668d; 54 Stat. 250), as amended.—This June 8, 1940, Act as amended June 25,1959, by Public Law 86-70 (73 Stat. 143), October 24,1962, by Public Law 87-884 (76Stat. 1246) andOctober23,1972, by Public Law 92-535 (86 Stat. 1064) provides for protection of the bald eagle (the national emblem) and the golden eagle by prohibiting except under certain specified conditions the taking, possession and commerce in such birds. The 1972 amendments increased penalties for violating provisions of the Act or regulations issued pursuant thereto and streng¬ thened other enforcement measures. Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000, 1006, 1010-1012; 50 Stat. 522), as amended.—Section 31 of the Act of July 22, 1937 (7 U.S.C. 1010; 50 Stat. 525), as amended, directs the Secretary of Agriculture to develop a program of land conservation and utilization in order to correct maladjustments in land use and thus assist in such things as control of soil erosion, reforestation, preservation of natural resources and protection of fish and wildlife. Some early refuges and hatcheries were established under authority of this Act. Black Bass Act (16 U.S.C. 851-856; 44 Stat. 576), as amended.—This May 20, 1926, Act as amended July 2, 1930 (46 Stat. 845), July 30, 1947 (61 Stat. 517), July 16, 1952 (66 Stat. 736), and December 5,1969, PublicLaw91-135 (83Stat. 282) prohibits importation or transportation in interstate or foreign commerce of black bass and other fish in violation of foreign, State, or other law, or purchase of such fish. Authorizes the Secretary of the Interior to issue regulations concerning importation and interstate shipment of fish and to issue publications and make investigations for purposes of the Act. Canadian-l nited States Boundary Waters Treaty—See Treaty between the United States and Great Britain Relating to Boundary Waters andQuestinns Arising between the United States and Canada Canadian-United States Great Lakes Fisheries Convention—See Convention on Great Lakes Fisheries between the United States and Canada Canadian-United States Migratory Bird Treaty —See Convention Between the United States and Great Britain (for Canada) for the Protection of Migratory Birds Central Valley Project, California, Reauthor¬ ization Act of August 27, 1954 (16 LLS.C. 695d-695j; 68 Stat. 879).—Reauthorized the entire project originally authorized under the Act of August 26, 1937 (50 Stat. 844), and reauthorized by the Acts of October 17, 1940 (54 Stat., 1198), October 14, 1949 (63 Stat. 852), and September 26, 1950 (64 Stat. 1036). The 1954 Act declares use of water for fish and wildlife to be a purpose of the project in addition to all other previously stated purposes. Among other things, provides authority and other requirements for delivery of water to the Grasslands area of the San Joaquin Valley for waterfowl purposes. Coastal Zone Management Act of 1972 (16 U.S.C. 1451-1464; 86 Stat. 1280), as amended.—Public Law 92-583, approved October 27, 1972, establishes a program aimed at assisting states in developing land and water use programs for the coastal zone. A grant-in-aid program is authorized under the administration of the Secretary of Commerce. Section 308 of the Act (16 U.S.C. 1456; 86 Stat. 1285) directs the Secretary of Commerce to consult and cooperate with other Federal agencies in carrying out his responsibilities under the Act, and prior to approval of any state’s coastal zone management program which “includes requirements as to shorelands which also would be subject to any Federally supported national land use program,” the Secretary of Commerce must obtain concurrence of the Secretary of the Interior. Colorado River Basin Project Act (43 U.S.C. 616aa-l, 620, 620a, 620a-l. 620a-2, 620c-l, 620d-l, 620k, 620hh, 1501- 1556; 82 Stat. 886), as amended.—Public Law 90-537, approved September 30, 1968, provides a program for the comprehensive development of water resources of the Colorado River Basin, and directs the Secretary of the Interior to develop, after consultation with affected states and appropriate Federal agencies, a regional water plan to serve as the framework under which projects in the Colorado River Basin may be coordinated and constructed. Colorado River Storage Project Act (43 U.S.C. 620- 620o, except certain sections classified to theColorado River Basin Project Act; 70 Stat. 105). as amended.—Section 8 of this April 11, 1956, Act (43 U.S.C. 620g; 70 Stat. 110) authorizes and directs the Secretary of the Interior, in connection with the Colorado River Storage Project and participating projects, to investigate, plan, construct and operate facilities to mitigate losses of, and improve condi¬ tions for, fish and wildlife. Provides authority to acquire lands and to lease or convey lands and facilities toStateand other agencies. Columbia Basin Project Act (16 U.S.C. 835, 835c- S35c-2, s35c-4; 57 Stat. 140), as amended and sup¬ plemented— 1’he Act of March 10, 1943. renamed and reauthorized the Grand Coulee Dam Project, originally authorized by the Act of August 30, 1935 149 Stat. 1028). and amended generally the Act of May 27. 1937 (50Stat. 208). An Act of October 9. 1940 1 16 U.S.C. 835i; 54 Stat. l()85i. supplementing the Project Act, authorized the Secretary ot the Interior to contract with the State of Washington for maintenance and operation of fish hatcheries built as part ot the fish protection program required on theColumbia Basin Project. Columbia River Basin Fishery Development Act — See Mitchell Act . Comprehensive Employment and Training Act of 1973 (18 U.S.C. 665, 29 U.S.C. 801, 802. 811-822. 841-851, 871-875, 881-885, 911-929, 951-956, 981-992, 42 U.S.C. 2571 Note; 87 Stat. 839), as amended.—Public Law 93-203 of December 28, 1973, as amended December 31, 1974, by Public Law 93-567 (88 Stat. 1845) establishes among other things a Job Corps program under the administration of the Department of Labor to assist young people who need and can benefit from an unusually intensive program. The Secretary of Labor can enter into agreements with Federal. State and local agencies or private organizations for establishment and operation of Job Corps Centers. Agree¬ ments exist for such centers on U.S. Fish and Wildlife Service lands. Congressional Budget and Impoundment Control Act of 1974 (1 U.S.C. 105, 2 U.S.C. 190a-1 et seq.. 31 U.S.C. 11 et seq.; 88 Stat. 297).—Public Law 93-344, July 12, 1974, changed the Federal fiscal year from Julv 1 through J une 30 to October 1 through September 30, and made other changes in the government budgeting and funding process. Conservation Programs on Certain Federal Lands (Military Reservations and Other Lands)—See Sikes Act Convention between the Government of the United States of America and the Government of Japan for the Protection of Migratory Birds and Birds in Danger of Extinction, and Their Environment (25 U.S.T. 3329; T.I.A.S. 7990), as amended.—This 1972 Convention is designed to provide for the protection of species of birds which are common to both countries, or which migrate between them by (1) enhancementof habitat, (2) exchange of research data, and (3) regulation of hunting. Signed at Tokyo on March 4,1972, with ratification advised by the Senate on March 27, 1973, and documents of ratification exchanged September 19, 1972. TheConvention entered into force September 19, 1974. An agreement amending the annex to theConvention by adding theMaloy bittern was effected by exchange of notes September 19. 1974, entering into force December 19, 1974 (25 U.S.T. 3373; T.I.A.S. 7990). This exchange also included a list of endangered birds as provided for in Article IV of the Convention. Implementing legislation for the United States was achieved by enactment of Public Law 93-300, June 1. 1975 (88 Stat. 190), amending the Migratory BirdT reaty Act of 1918 (16 U.S.C. 703-711; 40 Stat. 755), as amended. Convention between the United States and Great Britain (for Canada) for the Protection of Migratory Birds 019 Stat. 1702; TS 628).—This 1916 treaty adopted a 3 M un form system of protection for certain species of birds orderl !T thp United States and Canada, m rder to assure the preservation of species either harmless or irdirrat Ul h Tp Se '* Certain dates for closed seasons on allows kflh ,rdS ' f K° h a ltS huntln * insectivorous birds, hut ‘ ■ \ Tu°V blrdS Under permit when injurious to na ture. The Convention was signed at Washington T' °. n Aagu f 16 ’ 19l6 > and ratified by the United States on September 1. 1916, and by Great Britain on October 20 ]q !f' Documents of ratification exchanged December 7 ' ' T^Tu^ng leglslation for the United States was accomplished by enactment of the Migratory Bird Treatv Act in 1918 (16 U.S.C. 703-711; 40 Stat 755) £°" Ve " tion betwe en the United States of America f th e r m ° n of Soviet Socialist Republics Concern¬ ing the Conservation of Migratory Birds and Their Environment (notin force).-This Convention signed in Moscow on November 19, 1976, provides for protection of pecies of birds that migrate between the United States and Sov iet L mon or that occur in either country and “have arZ 1 ”'The c ayS ’ br t eedin , g ’ wintering - Ceding or moulting , ■ e Convention a lso encourages actions to identify and protect important habitat and to cooperate in measures to protect migratory birds identified as being in danger of extinction. Convention to remain in force for a period of 15 autom T' 111 n 316 ° f US ‘ n f ° rCe and therea fter renewed automatically on an annual basis subject to termination by her party. Convention does not enter into force until the ro d Hfi Ce f nd C0nsen !. 0f Congress is given and documents of required 10 " ^ eXChanged ' ^plementing legislation is also an C d°Z e n ti0 , n a b M VVeen the United States of America Mim#n U R Me ™ an States the Protection of Migratory Birds and Game Mammals (50Stat. 1311 TS 912), as amended -This 1936 treaty adopted a system for the protection of certain migratory birds in the United States and Mexico. Allows, under regulation, the rational use of certain migratory birds. Provides for enactment of laws and regulations to protect birds by establishment of closed seasons and refuge zones. Prohibits killing of insectivorous birds, except under permit when harmful to !! r ' C „ U n f re ;. Pr « v ides for enactment of regulations on Mevfrnn K T mammals across the United States- Mex can border. Signed in Mexico City, February 7, 1936 OcTob^er ^8 W ^936 tlbed H V a hePreS * den ^ °^ be UnitedStates,' _° ber ' 93 - and documents of ratification were changed March 15, 1937, in Washington, D.C. United tes implementation of the treaty was accomplished by a ^ eadmg tde Ml ^atory Bird Treaty Act of 1918 (16 U.S C 11 : 40 Stat ‘ 755) on June 20, 1936 (49 Stat. 1556). The treaty was amended March 10,1972 (23 U S T 9 60 • T T A <5 7302). to add 32 additional families of birds includingeagli hawks, owls and Corvidae family. Convention for the International Council for the ^ 0ra , °r f the Sea (ICES) (24 U.S.T. 1080; T.I.A.S. ‘ ' lls Convention, opened for signature in Copenha¬ gen on September 12.1964. provides a new “constitution” for the International Council for the Exploration of the Sea which was originally established in 1902 as a result of 1901^Tlrrc T Stockho,m in 1899 and in Christiania in • he ICES has as its purpose to: (a) “promote and encourage research and investigations for the study of the thereof' r ‘' | C hl' a d riy th " Se rela ‘° d ‘° the living res °“r«s ereot, (b> draw up programmes required for this purpose and to organize. . . such research and investigations as m appear necessary;” and (c) “publish or otherwise diss^mf nate the results of research and investigations.” EiahtP (ountlies lire a party to this Convention including the 19H7 eC ^ tGS ' Senate a dvice and consent given March 1 April 1967 n H nd a ect l und er main entry entitled Fish and Wildlife Conservation at Federal Reclamation Projects • Rogue River Basin Project, Merlin Division, Oregon (43 U.b.C. 6 I 60000 ; 84 Stat. 273).-Public Law 91-270 approved May 28, 1970. r rujeci, Closed Basin Division, Colorado (43 U.S.C. 615aaa, 615ddd, 6 l 5 fff; 86 Stat 9 n 4 \n~o 9b6) '- Public Law 92-514, approved October ~U, 19/ — (Reclamation Project Authorization Act of 1972), directs in title I, among other things, establish¬ ment ot the Mishak National Wildlife Refuge and supply of water for operation of that refuge and the Alamosa National Wildlife Refuge. Savery-Pot Hook Project, Colorado-Wyoming (43 U.S.C. 616n, 6 l 6 kk; 78 Stat. 852).-Public Law 88-568, approved September 2 , 1964. 79 Stat. 1068).—Public Law 89-292, approved October 22, 1965. • L U of at o n Pr0ject ’ 0regon (43 U - S - C - 616 PPP; 80 Stat. 8 —). Public Law 89-596, approved September 20 ,1966 • Upper Snake River Project, Salmon River Division, Idaho (43 U.S.C. 615ppp, 615sss; 86 Stat. 967,’ 968).—Public Law 92-154 (Reclamation Project Author¬ ization Act of 1972), approved October 20 , 1972. • Walla Walla Project, Touchet Division, Oregon- Washington (43 U.S.C. 616vvvv; 616yyyy; 84 Stat. 409 410), as amended.-Public Law 91-307, approved July 7,’ 1970. authorized appropriations to the U.S. Fish and Wildlife Service for enhancement of anadromous fish. As amended by Public Law 94-175, approved December 23. 1975 <89 Stat. 1050), the Bureau of Reclamation required to budget for such enhancement, not the Service. • Washoe Project, Nevada-California (43 U.S.C. 614c; 70 Stat. 777).—Act of August 1. 1956. Fish and Wildlife Conservation at Federal Water Resource Development Projects of the Corps of Engineers.— Fish and wildlife conservation at U S. Army Corps of Engineers projects for navigation. Hood control, river and harbor improvement and other purposes are provided for under various specific and general (omnibus type) project authorizing statutes. Generally, conservation measures are not detailed in the project authorization but are contained in a report of the Chief of Engineers which is usually referenced in the statute. Since 1934 the Fish and Wildlife Coordination Act (16 U.S.C. 661-666c; 48 Stat. 401), as amended, has provided the basic authority for incorpo¬ rating fish and wildlife conservation measures in water development projects. Some omnibus project authorizing Acts have also included broad authority for consideration of conservation measures as well as specific measures to be incorporated into each project authorized, and the following are a few examples of such Acts: • Flood Control Act of 1944 (16 U.S.C. 460d, 825s, and various sections of title 33 and 43 U.S.C.; 58 Stat. 88 *), as amended and supplemented.—See main entry in this leaflet under Flood Control Act of 1944. • Rivers and Harbors Appropriation Act of August 11, 1888 (33 U.S.C. 608; 25 Stat. 425).—Section 11 of this Act is classified to 33 U.S.C. 608 and provides discre¬ tionary authority for the construction of fishways whenever river and harbor improvements obstruct fish passages. The Act also authorizes many specific projects not generally classified to the Code. • Rivers and Harbors Appropriation Act ofMarch 3,1899 (33 U.S.C. 401; 30 Stat. 1151).— See main entry in this leaflet under Rivers and Harbors Act ot 1899. • Rivers and Harbors Act of June 20, 1938 (33 U.S.C. 540, and other U.S.C. sections; 52 Stat. 802), as amended and supplemented. — Section 1 of this Act is classified to 33 U.S.C. 540 and provides for wildlife conservation to be given “due regard” in improvements of rivers, harbors and other waterways. The Act also authorizes over 50 specific projects which are not generally classified to the Code. • Water Resources Development Act of 19 1 6 (90 Stat. 2917).— Public Law 94-587, approved October 22, 1976, authorizes certain new projects and amends certain existing projects, and includes specific conservation measures for some of the projects including but not limited to: (1) lower Snake River fish and wildlife compensation plan, ( 2 ) White River Basin, Beaver Dam trout production measures (fish hatchery), and (3) Mississippi River “GREAT River Study.’ Fish and Wildlife Coordination Act (16 U.S.C. 661- 666c: 48 Stat. 401), as amended.—The Act ofMarch 10,1934, as amended by the Acts of August 14, 1946 (60 Stat. 1080), August 12,1958, Public Law 85-624 (72 Stat. 563) and J uly 9, 1985, Public Law 89-72 (79 Stat. 216), authorizes the Secretary of the Interior to assist F'ederal, State and other agencies in development, protection, rearing and stocking fish and wildlife on Federal lands, and to study effects of pollution on fish and wildlife. Provides for donating land and funds in furthering purposes of Act and for appropria¬ tion of funds. Requires consultation with the l .S. I - ish and Wildlife Service and the wildlife agency of any State wherein the waters of any stream or other water body are proposed or authorized to be impounded, diverted, channel¬ ized or otherwise controlled or modified by any I - ederal agency, or any private agency under federal permit or license, with a view to preventing loss ot or damage to wildlife resources in connection with such water resource project. Authorizes Federal water resource agencies to acquire lands or interests in connection with water use projects specifically for mitigation and enhancement ot fish and wildlife, and provides for management of such lands by the U.S. Fish and Wildlife Service or State wildlife agencies. Excludes projects involving impoundments of less than 10 acres and Tennessee Valley Authority projects. Fish Research and Experimentation Program— See Fish-Rice Rotation Fanning Program Act ofMarch 15,1958 Fish-Rice Rotation Farming Program Act ofMarch 15, 1958 (16 U.S.C. 773-778c: 72 Stat. 35).— Public Law 85- 342 directs the Secretary of the Interior and authorizes the appropriations of funds to establish experiment stations tor research and experimentation to: (1) determine species of fishes most suitable for culture on a commercial basis in shallow reservoirs and flooded rice lands: (2) determine methods for production of fingerling fishes for stocking in reservoirs; (3) develop methods for the control ot parasites and diseases; (4) develop economical methods for raising the more desirable fish; (5) determine, in cooperation with the Department of Agriculture, the effect of fish-rice rotations, including crops other than rice commonly grown on rice farms, upon both the fish and other crops; and (6) develop suitable methods for harvesting the fish crop and preparing it for marketing. Authorizes the acquisition of lands and construction of facilities, cooperation with States and others, and dissemination of research results. Fishery Conservation and Management Act of 1976 (16 U.S.C. 1801-1802,1811-1813.1821-1825,1851-1862,1882; 90 Stat. 331).—Public Law 94-265, approved April 13, 1976, establishes a 200-mile fishery conservation zone, effective March 1, 1977, and among other things, establishes Regional Fishery Management Councils in which the U.S. Fish and Wildlife Service is represented. Flood Control Act of 1944 (16 U.S.C. 460d, 825s. and various sections of title 33 and 43 U.S.C.; 58 Stat. 88/), as amended and supplemented —The Act of December 22, 1944, as amended and supplemented by other Flood Control Acts and River and Harbor Acts authorizes various Corps of Engineers water development projects. Section 4 of the 1944 Act (16 U.S.C. 460d; 58 Stat. 889) authorizes the Corps of Engineers to construct and operate public parks and recreation facilities, and to permit local interests to do the same at water resource development projects. This section also provides for leasing of lands at water projects for public purposes with preference to Federal, State or local govern¬ ments. Flood Disaster Protection Act of 1973 (42 1 S.C. 4001-4128, and other U.S.C. titles; 87 Stat. 979), as amended.—Also referred to as the National Flood Insur¬ ance Act. Public Law 93-234, approved December 31. 1973, and amended, provides for a National Flood Insurance Program under the jurisdiction of the Secretary of Housing and Urban Development and directs the coordination ot 9 1 Hood insurance with lmrl prone areas. ' c nagement programs in flood- ‘-fi 9-4 : 88 sta f staff instructions, official published^ 1 '?) Staff manual » and statements, final orders deH r and unpublished policy other documents. Special exemDt? g adjudlcation and nine categories of privileged ^° ns haveb «m reserved for limited to confidential matters f*?"® ’ lncludln g but not or foreign policv law enffi ^ ° a Ing to National defense commercial secrets The A rCement r ? cords and trade or information to pay ‘T c,u,n ° f National Landmarks are d Board ' Am °ffi? other things AC. and as " nd * u “«|j«ri«yof.hh contained such sites. “ tlonal wildlife refuges Conservation Stamp^ct ^ M ' gratory Bird Hunting and • • Criminal Code ProvWona'usui.C 42 )°^ of,90 ° 1091).—Public Law 89 700 1 DD d M 187; 80 Stat amended, prohibits November 2 , 1966, as taking, possession etc of fur * T Condi “°" s . the regard to sea otters ^Ir^ the s"e T 0tte * With otherwise dispose of skins and . a Secretary to sell or taken by the Secretary on th PI g dU ? S thereof forfeited or Aleutian Islands National WiWlifeRefuT p" '''“i' 1 " the deposited in the Pribilof Islands Fund r ° Ceeds t0 be 1936 (16 U.S.C.667;49StaM 913 , ' 'f "* 24 ' appropriations made for admin' >) ‘~ Thls A ^t directs that be made available for ourZT"™ of wildlife refuges d 'ing ofsuppi.es and m a " erial s L Si and ha "- game managementsupDl v den S ,, dStributlon atc °stfrom be specifically charged and Cs tranS"" ^ tic F i s her i es ” K) N AF)^” T°4 or thwestAtlan- Convention entered into force Juh^ 195o‘ S ' 2 ,? 8 > f ) -~ This Purpose the “investigation a uly a , 1950, and has as its the fisheries of the NorthwraTAO^L ^ 1 “"nation of make possible the maint™ J Atlantlc °cean, in order to catch from those fisheries ” Eight° 3 maximum sustained including the United States leS ™ “T ™ 8 ^ 3 part >' Provided, August 17 1940 .' " ate , advice an d consent September 1 , 1949 with don ’ 3 by tbe President, date. The Northwest Atlanti^F^ e ?° Sited ° n that sam e U.S.C. 981 -991; 64 Sta! 106 m' r ' eS Ac ‘ ° f 1930 implementing authority. ‘ ’ aS amended . provides Sea-See ConveJihon^or ffieT ^ Explorati on of the Exploration of the Sea acEsJ nternational Counci1 for th * Administration^cfof 196 r atl0nalWlldlifeRefugeSyst< ;em Fauna and TtarrConventlon-Se 11 ofWi,d Internatmna, Trade Endangered S^e^S fI™ C n om r lr„. by 6,ght S ' at3S ' a " d -aS^GreatTS ™ G Stat‘ 24 a 2).-Thfs h Z 0fj° n9 f 6 ' 16 U S C 931 ‘939c; Secretary of the Imerio 1 acTf ’ 19 f' aUlh ° riz “ tha United States in the exercise of theT^ ° n behalf ° f the 1954 Convention on Great Lak . powers granted by the T I A ^ Q 30 C 1 erreat Lakes Fisheries ( 6 UST - LA S - 3326) ' as amended. The Act sets forth 1 ' for carrying out programs under thtr * h the proced ures ( 1 ) appointment and compensation ? nventlon mcluding: an advisory committee ( 2 )^ *?• of commissioners and construction, ope™,!™ and ’2"°" ° f:real pro P a «y; ,3) control works' and ( 4 ) ™ maintenance of sea lamprey States and otherWerS'T" “ naa '‘ a «on with the appropriation of funds f g Provides authority for Convention and the Act ^ ° Ut the provis >°ns of the ty-SeeConvent.on betteentheG y d Trea - States of America and , h f Co :,vern ™nt of the United Protection of Migratory BinTTo* ° f Japan f ” ‘he Extinction, and their Environment * “ Danger of Amiq’uuIesAct' 5 ^ 866 Historic Sites ’ Buildings and U.S.o‘°46r.467 te 4 S 9 stateSW " nd Anti<,ui,ies Act (16 August 21 ms ' hbh ’ as a mended.-This Act of Historic Sites Act n° popu arly known as simply the October 9, 1965 (79 Stat 971)^1 ^ Public . Law 89-249, preserve historic sites and obiTt ^7 U a natlonal Policy to including those located on refiges Provide™' Slgaificance ^ges. i rovides procedures for Stat"' Ss) A a C s 0 a f me 9 „d°d a r U ' S ' C ' 7 °'' ? ° 2: 31 Sta ‘- W7, 32 U.s.c. 42 - 44 - 62 Stat 687^ riminaI Code Provisions (18 May 25, 1 ttr t T h he H LaceyActof Department of the Interior (A a- ■ n 1 the dutles of the Reorganization Plan No II) iLf w ^ Pn ° r t0 the 1939 ‘ion and restoration p ‘c a -rva. and authorizes measureffcr tb a " d ° ther wild birds ” funds as Congress mav restor a‘'on from such 62 Criminal Code Provisions 'a ‘ ’j 3 ® amended, the through 4 of the Lacey Act of lOnoT!! %T SeC “° nS 2 provides enforcement nnth l , (Jl Stat ' l88) > aa d of various wildlife related at ) d penaJties f ' or viola ti()n ““a lb as amen^ e M A Tor d ,^ Ula 5™ s Sac“on42 o-' “tie 18 as amended^IwSST ^ 42 September 2 , I960, Public Low M UU 89) ’ and prohibits importation of wild v -t ‘ b ’' 04 - ( '4 Stat. 753), declared by the Secretary of tlT )rate » and other animals man, agriculture, wildlife resourew^ete ^ mjUri ° US to certain circumstances nnr? r, e ^ C “ exce Pt under •3 of Title ,8 ....- - 10 . ? S-B 1 (other than migratory birds protected under the Migratory Bird Treaty Act (16 U.S.C. 703-711; 10 Stat. 755), as amended) taken or possessed in violation of Federal, State or foreign laws or regulations issued pursuant thereto. Section 1 l provides for labeling (or otherwise identifying contents) of packages containing wildlife transported in interstate or foreign commerce. Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460/-4-460/-11; 78 Stat. 897). as amended. —Public Law 88-578. approved September 3, 1964, created a special [.and and Water Conservation Fund derived from various types of revenue, and authorizes appropriations from the fund for (1) matching grants to States for outdoor recreation projects, and (12) various Federal purposes. As amended by Public Law 94-422, approved September 28, 1976 (90 Stat. 1313). funds are authorized for, among other things, the National Wildlife Refuge System for acquisition of (1) endangered and threatened species habitat under section 5(a) of the Endangered Species Act of 1973 (16 U.S.C. 1534(a); 87 Stat. 889), (2) areas authorized by section 2 of the Refuge Recreation Act (16 U.S.C. 460k-l; 76 Stat. 653), as amended, (3) areas under section 7(a)(5) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(5); 70 Stat. 1122). except migratory waterfowl areas which are authorized by the Migratory Bird Conservation Act (16 U.S.C. 715-715r: 45 Stat. 1222), as amended, and (4) any areas authorized by specific Acts of Congress. Public Law 94-422 also made major amendments to the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq .; 80 Stat. 915), as amended. Lea Act (16 U.S.C. 695-695c; 62 Stat. 238).—This May 18, 1948, law authorizes the acquisition and development of management areas in California for waterfowl and other wildlife by the Secretary of the Interior provided the State acquires equivalent acreage. Marine Fisheries Conservation Act—See Fishery Conservation and Management Act of 1976 Marine Mammal Protection Act of 1972 (16 U.S.C. 1361, 1362,1371-1384,1401-1407;86Stat. 1027), as amended. — Public Law 92-522. approved October 21, 1972, estab¬ lishes a Federal responsibility for conservation of marine mammals with management vested in the Department of the Interior for sea otter, walrus, polar bear, dugong and manatee and with the Department ofCommerce responsible for all members of the order Cetacea and Pennepedia, other than walrus. With certain specified exceptions the Act establishes a moratorium on the taking and importation of marine mammals and products made from them, and establishes procedures for waiving the moratorium and returning management responsibilities to the States. Establishes a Marine Mammal Commission to coordinate research and take part in the regulatory processes. An annual report to the Congress is required by January 31 of each year. Authorizes the appropriation of funds for research and other activities under the Act through fiscal year 1977. Marine Protection, Research and Sanctuaries Act of 1972 (16 U.S.C. 1431-1434, 33 U.S.C. 1401-1444; 86 Stat. 1052). as amended. —Title I of Public Law 92-532, approved October 23, 1972 (33 U.S.C. 1411-1421; 86 Stat. 1053), as amended, establishes a program under the administration of the Environmental Protection Agency to regulate dumping of materials into ocean waters. Title II (33 U.S.C. 1441 -1444; *6 Stat 1060> directs the Secretary ofCommerce in coordination with the Coast Guard and EPA, and in consultation with the Secretary of the Interior and other agencies, to determine long range effects of pollution, overfishing and other activities on ocean ecosystems through research and monitoring. Title III (16 U.S.C. 1431- 1434; 86 Stat. 1061». as amended, authorizes the Secretary of Commerce to protect and designate marine sanctuaries after consultation with the Secretary of the Interior and other agencies. Marine Sanctuaries Act—See Marine Protection, Research and Sanctuares Act of 1972 McNary-McSweenev Act (16 U.S.C. 581-581i; 45 Stat. 699), as amended.—This May 22, 1928. Act, as amended, authorizes investigations, experiments and tests by the Secretary of Agriculture affecting reforestation and forest products. Section 5 116 U.S.C. 58ld; 45 Stat. 701) authorizes appropriations for expenments and investigations on life histories and habits of “forest animals, birds, and wildlife,” whether injurious to forest growth or of value as a supplemental resource, and for developing methods for management and control of wildlife. Mexican-United States Migratory BirdTreaty—See Convention between the United States of America and the United Mexican States for the Protection of Migratory Bird and Game Mammals M igratorv Bird Conservation Act 1 16 U.S.C. 715- < I5d, 715e, 7l5f-715k, 7l5n-715r; 45 Stat. 1222), as amend¬ ed.—The Act of February 18, 1929, as amended establishes a Migratory Bird Conservation Commission to approve areas recommended by the Secretary of the Interior for acquisition with Migratory Bird Conservation Funds. Commission consists of the Secretary of the Interior, as chairman, the Secretaries of Transportation and Agri¬ culture, two members of the Senate and two of the House of Representatives, and a member ex officio from each State in which acquisition is being considered. The Commission through its chairman is directed to report by the first Monday in December of each year to Congress on its activities. The Secretary of the Interior is authorized to cooperate with local authorities in wildlife conservation, as well as conduct investigations, publish documents related to North American birds, and to maintain and develop refuges. Provides for cooperation with States in enforcement. Procedures are established for acquisition by purchase, rental or gift of areas approved by the Commission as sanctuaries for migratory birds, and an amendment February 17, 1976, Public Law 94-215 (90 Stat. 190), clarified that authority as applying to the purchase or rental of a partial interest. Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718-718h; 48 Stat. 452), as amended.—The “Duck Stamp Act” as this March 16, 1934, Act is commonly referred to. requires waterfowl hunters 16 years of age or older to possess a valid Federal hunting stamp. The original $1 stamp was increased to $2 by an August 12. 1949, amendment (63 Stat. 599) which in turn was increased to $3 by Public Law 85-585, approved August 1, 1958 (72 Stat. 486), and further increased by Public Law 92-214, December 22, 1971 (85 Stat. 777) to “a sum not less than S3 and not more than So as determined by theSecretarv of the Interior based on land values and needs of the migratory bird ' resource. The stamp is presently r • . , the stamp are set aside in a special Tr-p 0 ^^ fr ° m thesaleof as the Migratory Bird Pnn • asur >’account known pnated under the Wetlands Sl l( ^“ ppr - 5, /5 Stat. 813) j , 1 'wt (ib U.S.C. 7l5k-3-7l5k- receipts in the fund and appropriated to^hes“ h ^ S ‘ amp acquisition of migratory bird r*f,, t(3 ^Secretary for the Migratory B,rd Stat. 1222), as amended an 3 ( a US ' C ' 715 et se Q-i 45 Law 85-585 (72 Stat 48^ f 6 August 1. 1958, Public Production Areas.” The Postal 2 CqU . 1Sltlon of “Waterfowl sells the stamp and is Yta Tl™ Pnnts ’ issues aad money in the fund. Public ^ exp ^ nses fr °m 1 1 ’ 1q 76 (90 Stat. 189) amends ’ approved February other things the sale of eta t Act adow among offices and authorized “retnO^ 3 i P a ,^ es otber than post ment also changed the name of th* T*’ Tbe 1976 ame nd- B.rd Hunting Stamp- to "bYS “ M t igmto ^ Conservation Stamp” An annSi * Blrd Huntln S and Fish and Wildlife Service to selecuZ 7' “ heW bytheU .S. Migratory Birds (39 Stat l-TOWh’ fo u r the Protection of Federal responsibilityforp ion?/I establisb ing a migratory bird resource i international Stat. 1556). .mplemen eLtTdqaT S J “" e 2 °' 1936 <« United States of America and Ihf,T/T™ between «« the Protection of Migrated ! UmtedMaricanState. for Stat. 1311), as amended t q dGame Ma mmals (50 <88 Stat. 190), among other thfo 1 ’ 1974 ’ PubIic Baw93-300 Convention between fheCovp gS ’ lmplement ed the 1973 America and theGovl™mem„ f n ? ent0f r the y nitedSta ^<>f Migrator}-’ Birds and Birds in dapan fo ^ theProtection of their Environment (25 U.S.T. 3329 * l E , Xt ' nction - and amended. As amended bv p n kr t ’ c dA -S- 7990), as I960 (74 Stat. 866 ) th e A^ ^7 86 ’ 732, September 8 . control taking, selling tranlo ? V,d 7 for regulations to tv birds, them S'* ■terns are included in the de™ ? Products, when such enforcement autho^t^^aSr-^ 8 Mitchell Act (ifi tj c p nr- ncn amended.— This May 11 1938 AcTa ’ ° 2 , Stat ’ 345) - a s August 8 , 1946 (60 Stat 932) J ^ as amended by the Act of Interior to carry<« M^ U ^ rae8theS «^«fthe resources in the Columbia Piv r conhervation of fishery Basin Project Act). Specifically d ^ S J n ' (T’ 1 ' 0 Law 91 - 190 , consult with each other ond -T'T a)l Federal a Bcncies to disciplinary techniquesfn'plannh^gamfdw^fonmakingHt tt°o^n i C„: a n i^)i Ud V 7 '' eVCTy - Pm n,endati„ aeons sigLiE y f0 a r ^ atlPn ° r «*” Fed. environment a detailed 2,2 ? qUallty of the bun mental impact of the nrn ^ ' V on ~ (l) the envir environmental effects whichT^ aCt !° n ’ {ii) an y ad v Proposal be implemented ^ aV ° ided should action, (iv) the refotin u- U l altern atives to the propos and • -’ enhlncem enZtn t^ ,0Cal sh ° rt ^ irreversible and irretrievable c'™ productlvlt y a nd (v) a: mvolved . . . i n the proposed acta T? ° f ^ resources impact statements are rem„ • a * u' Such environ men;, and other agencies Thp A * 1 ^ l ° be available to the pub] Environmental Quamy a ' S ° eStabiisba d theCouncil atrocta^^Uon an a d C m e a ry , ActS - A “‘ b ority for cor the U.S. Fish and WildIifeSe™v nanCe ° f fish hat cheries b specific and geneJ s^mZJ f 3 ? riety » were authorized by anDrnnHcfi a ' f the ° lder faci htie at water resource developmen^nr^ 8 ’ 0th !, rS 38 miti ^ atior special Acts ofCongress n fQ P ° Jec ^ s and stdl others b\ national fish Service administration some of Y’ f 1Sh 3nd Wlldllfe under the following statutes- ^ Were authonz ed " sY“ a F r m TpPant Art <7 U.S.C. 1000 « • Central Vrih^P t S^ d ’ -W,1,, ^FI«W«(1938) tion Act (64 Stat 1036) 9rament o v alley Reclama- ( 1967 ). 1036). Tehama-Colusa, California to'sY R io5!' S 2 age P 22 Act 143 U ' S ' C 620 - 6 2<>°; -iqo» T ’ a ® amended.—Hotchkiss Pni ^ (196,); Jones Hole, Utah (1968). ' Colora do ^ish and Wildlife Act of 1956 -16 rr c n whkh oY’, 0 a L“YabSd aUth ° ri ' y 4 undir many hatcheries at u-nt general authonty for ects. S 3t W8ter resourc e development pro,. • Mitchell Act (16 rise — ___ amended.—Abernathv ’ ° ’ ° 2 ® tat ' 345 b a s Creek. Oregon TS- Enc U957); Ea s'c Kooskia, Idaho U 97 o’). E t ' VVashln g to n (1940); (1938); Warm Spring o LeaVenworth . Washington ington (195™ S, ?! Wi " ard - Wasb ‘ 195).-McKinneytake North 777 AC ‘ ' 48 Stat ' • Palisades Dam ■ration Act of September 30 , 1950 , 64 Stat mgo ““t T son, Wyoming ( 1957 ). ^tat. 108o).~ Jack- • River and Harbor Act of 1962 ( 7 fi * n-o shak, Idaho (1969) ^' H'3).— Dwor- • Special Acts: May 21 , 1930 (46 Stat 37 n n u authorization for some 18 37 D-—Omnibus ies); July 31 ZT T'i' 3 ' 58,1 2‘ ure stations (hatcher- 161cl61d; 53 Stat fuo 2 7 ‘ 3 ’ 1944 <16 U.S.C. Montana ( 1944 )- Auvn’f bOl).— Creston, «15)-Millen. Georgia U 9 „ o' a ',? 48 «» Sta >' gan (1950); July 18 951 afi cT"])!7, Cre ek, Michi- 343).-Frankfort. Kentucky U 9 ^ 'f 0 ’ 760 ’ 1: 64 Sta t. U.S.C. 760-2 ; 70 Stat £ 7 ."® June 4 - 1*56 (16 (1957): June 18 1 956 nl 7, c‘if S , City - M “ n 'ana 292,.-Pi S g ah F 0 r est N 0 r i ra r 760 ’ 3: 70 Stat. 1956 (16U.SC 760 - 4-34 St !Ji a (1957) : August 1 , •BO- 6 ; ,0 Stat. 1020).-Paint Bank. Y. Virgmm 12 (19581; August 6. 1956 (16 U.S.C. 760-7-760-8; 70 Stat. 1057). —Bowden, West Virginia (1958); August 25, 1959 (16 U.S.C. 760-9-760-10; 73 Stat. 430). — Allegheny, Pennsylvania (1974); -July 5, 1960 (16 U.S.C. 760-11- 760-12; 74 Stat. 311).—Orangeburg County, South Carolina (1944). • Upper Mississippi River Wild Life and Fish Refuge (16 U.S.C. 721-731; 43 Stat. 650), as amended.—Genoa, Wisconsin (1931). National Fisheries Center and Aquarium Act of 1962 (16 U.S.C. 1051-1058; 76 Stat. 752). — Public Law 87- 758, approved October 9, 1962, authorizes the Secretary' of the Interior to plan, construct and maintain a National Fisheries Center and Aquarium in the District of Columbia. Establishes an Advisory Board to assist in management decisions, and further authorizes the procurement, opera¬ tion and maintenance of vessels for the collection of specimens for the Center. Directs the establishment of user fees to liquidate the $30 million authorized for construction of the Center within 30 years and to pay for annual operation and maintenance. National Flood Insurance Act—See Flood Protection Act of 1973 National Historic Preservation Act of 1966 (16 U.S.C. 470-470b. 470c-470n; 80 Stat. 915), as amended . — Public Law 89-665, approved October 15. 1966, and amended several times, provides for preservation of signifi¬ cant historical features (buildings, objects, etc.) through a grant-in-aid program to States. Establishes a National Register of Historic Places and a program of matching grants under the National Trust for Historic Preservation Act of October 26.1949 (16 U.S.C. 468-468d; 63 Stat. 927), as amended. Establishes an Advisory Council on Historic Preservation which was made a permanent independent agency by title II of the Act of September 28, 1976. Public Law 94-422 (90 Stat. 1319), which also created a Historic Preservation Fund. Federal agencies are directed to take into account the effects of their actions on a building, etc., included on the National Register. Through the end of 1975, 24 historic sites on national wildlife refuges have been placed on the National Register. National Hunting and Fishing Day. —Statutes estab¬ lishing the fourth Saturday in September of the year indicated as National Hunting and Fishing Day include: • Public Law 93-23, approved April 20, 1973 (87 Stat. 24)—1973. • Public Law 93-424, approved September 27, 1974 (88 Stat. 1166)—1974. • Public Law 94-96, approved September 18. 1975 (89 Stat. 478)—1975. National Trails System Act (16 U.S.C. 1241-1249; 82 Stat. 919) as amended.— Public Law 90-543, approved October 2, 1968, provides for establishment of recreation and scenic trails. With regard to National Recreation Trails, the Secretary of the Interior and Agriculture may establish and designate such trails on lands under their jurisdiction. Designation of National ScenicTrails requires specific Acts of Congress and the 1968 Act designated two and directed study and recommendations to Congress on fourteen others. A 1976 amendment added eight more trails to be studied. As of July 1976, 93 National Recreation Trails had been designated bv either the Secretary of the Interior or Agriculture. N ational Wild and Scenic Rivers System Acts,— Pur¬ suant to the Wild and Scenic Rivers Act (16 U.S.C. 1271- 1287; 82 Stat. 906), as amended, statutes designating rivers which How either wholly or in part through national wildlite refuges as part of the National Wild and Scenic Rivers System include the following: • Missouri River, Montana! 16 U.S.C. 1274 Note; 90 Stat. 2327).—Public Law 94-486, approved October 12, 1976, designated a 159-mile segment of the river from Ft. Benton to Robinson Bridge as part of the system. About a seven mile segment is within the Charles M. Russell National Wildlife Range. National Wilderness Preservation System Acts. — Statutes establishing areas in the National Wildlife Refuge System as part of the National Wilderness Preserva¬ tion System pursuant to the Wilderness Preservation Act of 1964 (16 U.S.C. 1131-1136; 78 Stat. 890) include the following listed in chronological order by date public law approved (unless otherwise indicated, area designated as wilderness has same name as the refuge in which wilderness is located; acreage placed in wilderness given in paren¬ theses following location); • Public Law 90-532, approved September 28, 1968 (82 Stat. 883): Great Swamp, Morris County, New Jersey (3,750). • Public Law 91-504, approved October 23, 1970 (84 Stat. 1104): Bering Sea, 2nd District. Alaska (41,113): Bogoslof, 3rd District, Alaska (390); Forrester Island, 1st District, Alaska (2,630); Hazy Islands, 1st District, Alaska (42); Huron Islands. Marquette County, Michi¬ gan (147); Island Bay, Charlotte County, Florida (20); Michigan Islands, Alpena and Charlevoix Counties, Michigan (12); Monomoy, Barnstable County, Massa¬ chusetts (2,340); Moosehorn (Edmunds and Birch Island Units), Washington County. Maine (2,782), Oregon Island (Oregon Islands NWR), Cu-ry County. Oregon (21); Passage Key, Manatee County, Florida (20); Pelican Island. Indian River County, Florida (3); Saint Lazaria, 1st District, Alaska (62); Salt Creek (Bitter Lake NWR), Chaves County, New Mexico (8,500); Seney, Schoolcraft County, Michigan (25,150); Three Arch Rocks, Tillamook County, Oregon (17); Tuxedni, 3rd District, Alaska (6,402), Washington Islands (Copalis NWR, Quillavute Needles NWR, Flattery Rocks NWR), Grays Harbor, Clallam and Jefferson Counties, Washington (179); Wichita Moun¬ tains, Comanche County, Oklahoma (8,900), Wisconsin Islands (Gravel Island NWR, Green Bay NWR), Door County, Wisconsin (29). • Public Law 92-364, approved August 7, 1972 (86 Stat. 505): Cedar Keys, Levy County, Florida (375). • Public Law 93-429, approved October 1. 1974 (88 Stat. 1179): Okefenokee, Charlton, Clinch and Ware Coun¬ ties, Georgia (343,850). • Public Law 93-550. approved December 26. 1974 (88 Stat. 1744): Farallon.San Francisco County, California (141). • Public Law 93-632, approved January 2, 1975 (88 Stat. 2153): Blackboard Island, McIntosh County, Georgia (3,000); Breton, Plaquemines Parish, Louisiana (5,000); Brigantine, Ocean. Atlantic and Burlington Counties, New Jersey (6,603); Bosque del Apache. Socorro County, New Mexico (30,850); Cape Remain, 13 . ^«> 0 ); Chan,!,. County, North Dakota (4 Slulsmi 'n Key Deer NWR Great Wh\ u oric ^ a Keys (National NWR). Monroe' CoumyF ^,4 W* W «« Burke County North' n L * ,jt ,,40 > : Lostwood, (Baring Unit), Washimztrf °r & < ~ > ’ D/7 ^ : Moosehorn fS!mi 7 S ^ ^^^^p^^^CounViel! s&r w * waws: s» 2633)7 Agr s !t'°Mar S P hIn V r d ° C,ober . 19 ’ 1976 <90 Stat. Big Lake vt • ba County, Minnesota f4 000)• Chassahowi^ rCurc COU , nt ^, ArkSnSaS ««Si Orchard. Williamson u 0 , Unty ’ Flo 1 n r da (23,360);Crab Illinois (4 050)-Fort Ninh kSO nif nd Um ° n Countie S- ka (4,635) J N ‘D n .’ n f’ C ° Unty ’ Nebras - (oao^.f J ' U * ng D a rhng, Lee County Florida Lake Woodruff 1 Take™nd"v”l"^'p ° uisiana ■ ( 1 . 146 ); Medicine^Lajfe^RooseveltTnd ties, Montana m r vzc\ t and Sheridan Coun- Count.es, M.sslurMS OOw'Td bTt T d St ° ddard head Countv, MonUna (30 350 ! q , Lak< f Juan and Skagit Coun f~ wa anJuanIsla " d s.San "of. 3 rd DistriS Alaska & On-S gt0 " ^ Sime °' County, North Caroltoa fs oooi Hyde County, Minnesota ( 2 , 138 ) - UL BenH^ 7 uI- aC V BeCker Montana ( 20 , 890 ). ' ’ nd - Phillips County, National Wildlife Refuge Acts -in a ^- ,C Acts f Congress, refuges can be esubhshed Pedf ' ways including public land withdrawal ran f c many agencies, cooperative agreement with &rfromother donation and bv Dumhaco j 1 , tb otber agencies, Fish and Wildlife Act of 1956^1 5 Uthorities as th e 1119), as amended the Migrate v m-ap 742a ' 742j • 70 Stat. U.S.C. 715 et seq. - 45 Stat 1222) a Con f Ration Act (16 WildhfeCoordinaUonA? ( ^U S C Ml'^ : i» e / iShand as amended- and tho it j U 66 i- 666 c: 48 Stat. 401 ) U.S.C. "mT.'i 543 87 Stat 884 g r d Sp#Ci " Act ° f 1973 " 6 sources of money for acouisiti ’ 38 3 ™ ended - Tw ° primary Migratory Bird Conservation^F ° *7 uge Iands are : (1) the from the sale of “duck stamos’’^ ^ ompos ^ d of receipts Migratory Bird Hunting and r nder autbority °f the U.S.C. 7T 8 -7l8h 48 sfat 459i° nSerVatl0n Stamp Act < 16 appropriated under the Wetland *™ nded - 3nd funds 3 - 7 l 5 k -5 ; 75 Stat 813 ) a! j Act (16 U S C ■ 715 k- ander the Land and Water ^ G ’ 3nd / 2) appropriations U.S.C. 460,-4-460/"•raSW^T at, ° n i !, !; nd Act U6 30 , 1975 , the National Wildlife rIa T' As ° fJune 378 refuges and ranw^ r d • Refuge System consisted of and 127 ^atofo^rnrodurH^" 8111 ^' S ° me32 ' 27 million acres million acres Specif)/stat t c ° mprisin & a b°ut 1.43 m-Atssu^ r ri »»“ • i . dl *18, approved Autrust IQ iocn provided for conveyance of ' gU8t (9. 1950, wealth of Virginia. asement to Common- " fs s r tTt iV JX5l fi * ratOIy Bird Refuge 06 U S 'C. 690-690i- Apiil 23, 1928,“ tabUshrt refug^inBoxEld^'c' AC ‘ ° f O, iybb, Public Law 89-441 /an , no . authorized conveyance nf • , , i5tat - 19 “>> refuge lands to the State. ? ands ° ther than " 69 h i e 69'ld e 46Sm7 S 4^, gr T ry Bird R “ fu *e "6 U.i . db Mat. 5 / 9 ).—Act of June l‘ ? 1 qqn a. acquis.ton and eslablishment of a refuge i„ Kan. ompe t", n of landowners for dam *; e ‘ n f “ an % , ‘ ng (ref nge not established). * s(.rrsM N ss?« Refu i ge of 9T00°;t° r C ete r andean 8 ^ - abdab -n, along lower stretches „f ,8 »r aCre recreation area Carver and Ft « n ,he L, M 'nnesota River between SS^SSSs maintenance "f he river for?™"" ° f C ° n ‘ inl "- d •ions are au,hor,ed Zi^’W" a ‘ ST 8nd ‘ hr0Ugh SePt€mber 30 ' I 9 66 . for devel- National Bison Range (16 U.S.C. 671; 35 Stat. 267). as 14 . amended and supplemented. — The Act of May 2d, 1908, directed the establishment of a ran ye from unallotted lands within the Flathead Indian Reservation, Monta¬ na. for bison presented to the United States by the American Bison Society An amendment. March 4.1909 Old Stat. 1051), directed enlargement of the range. The Act of August 12. 1958 (72 Stat. 581). authorized the acquisition and establishment of a small bison display pasture in Lake County, Montana. • National Elk Refuge (1H U.S.C. 673-673b; 37 Stat. 293), as amended and supplemented.—The Act of August 10, 1912, and the Act of March 4. 1913 (37 Stat. 847), authorized appropriations for the establishment and maintenance of a winter elk refuge in Teton County, Wyoming. An Act of February 25, 1927 (44 Stat. 1246), authorized acceptance of a gift of certain lands from the Izaak Walton League for addition to the refuge. An Act of September 14. 1950 (64 Stat. 849), among other things described certain lands to be administered as part of the refuge in what was - then the Jackson Hole National Monument. • National Key Deer Refuge (16 LJ.S.C. 696-696b; 71 Stat. 412), as amended.—Public Law 85-164, approved August 22, 1957. directs establishment of the refuge in Monroe County. Florida, for protection of Key deer. Section 10(a) and (b) of Public Law 89-669, approved October 15. 1966 (80 Stat. 930), amended the acquisi¬ tion authority and authorization. • Okefenokee National Wildlife Refuge (70 Stat. 668).—Public Law 84-810, approved July 26, 1956, directs the Secretary to take certain actions including construction of roads and ditches to protect the refuge and adjacent forests in Florida and Georgia from wildfires. • Parker River National Wildlife Refuge (62 Stat. 293).—This June 3. 1948, Act directs the Secretary to dispose of portions of this 1942 refuge located in Essex County, Massachusetts, and to take steps to maintain the edible clams found within the remaining portions of the refuge and adjacent lands. • Pea Island National Wildlife Refuge (16 U.S.C. 459- 459a-9; 50 Stat. 669), as amended.—The Act of August 17, 1937, as amended by the Act of June 29, 1940 (54 Stat. 702), established the Cape Hatteras National Seashore, and in section 5 (16 U.S.C. 459a-3; 50 Stat. 670) insured continued administration of the refuge within the boundary of the seashore. • San Francisco Bay National Wildlife Refuge (16 U.S.C. 668dd Note, 668ff-668jj; 86 Stat. 399).—Public Law 92- 330, approved June 30, 1972, provides for the establish¬ ment of this California refuge consisting of approxi¬ mately 21.662 acres to provide protection for endangered species, wildlife-oriented recreation and habitat for migratory waterfowl. Authorizes funds for acquisition and development through Fiscal Year 1977. • Seal Beach National Wildlife Refuge (16 U.S.C. 668dd Note; 86 Stat. 633). —Public Law 92-408, approved August 29. 1972, establishes this refuge on the U.S. Naval Weapons Station. Seal Beach. Califorina. Should property become excess to needs of the Depart¬ ment of Defense, it is to be transferred to the Depart¬ ment of the Interior. Authorizes appropriations for operation and development through Fiscal Year 1977. • Skagit National Wildlife Refuge (16 U.S.C. 666d-666e; 63 Stat. 708).—The Act of October 6, 1949, authorized exchange of refuge lands for other lands in the State of Washington (this refuge abolished October 5, 1959, by transfer to the State in exchange for State lands in the Columbia National W'ildlife Refuge). • Sullys Hill National Game Preserve <16 U.S.C. 674- 67 td; 38 Stat. 434), as supplemented. — Agriculture Appropriations Act of June 30, 1914, for Fiscal Year 1915 provided an appropriation for improvement of game lands in Sullys Hill National Park, Benson County, North Dakota. The Act of March 3, 1931 (46 Stat. 1509), changed the park to a refuge. • Talcot National Wildlife Refuge (65 Stat. 602).—The Act of October 23, 1951, authorized exchange of refuge lands for other lands in the State of Minnesota (this refuge abolished August 10, 1957, by transfer to the State in exchange for State lands in Rice Lake and Tamarac National Wildlife Refuges). • Tinicum National Environmental Center (16 U.S.C. 668dd Note; 86 Stat. 391), as amended.—Public Law92- 326, approved June 30, 1972, directs protection of Tinicum Marsh by establishment of a 1,200 acre refuge within city limits of Philadelphia, Pennsylvania. As amended by Public Law 94-548, approved October 18, 1976 (90 Stat. 2528), the 45-acre Folcroft Landfill was added to the refuge and the authorization for acquisi¬ tion and development was increased and extended. • Tule Lake-Klamath Refuges (16 U.S.C. 695k-695r; 78 Stat. 850).—The Act of September 2, 1964, Public Law 88-567, stabilized the ownership of lands within the Klamath Federal Reclamation Project, California- Oregon, authorized by the Act of February 9, 1905 (43 U.S.C. 601-612; 33 Stat. 714), as amended, and provided for administration and management of the project and the Tule Lake. L’pper Klamath, Lower Klamath and Clear Lake National Wildlife Refuges. The Act dedicat¬ ed lands within the Executive order boundaries of the refuges to wildlife conservation and provided for their administration for the major purpose of waterfowl management with full consideration of optimum agricultural use consistent therewith; authorized addition of certain public lands; continued the leasing of agricultural lands; and provided for distribution of net-lease revenues among local counties and the Reclamation Fund. • Upper Mississippi River Wild Life and Fish Refuge (16 U.S.C. 721-731; 43 Stat. 650), as amended and supple¬ mented.—The Act of June 7, 1924, authorized acquisi¬ tion and development of the refuge; provided adminis¬ trative direction including assurance that refuge operations would not interfere with maintenance of navigation on the river or other works of improvement. Amendments March 4,1925 (43 Stat. 1354), and May 12, 1928 (45 Stat. 502). provided additional acquisition authority and appropriations. The Act of April 10, 1928 (45 Stat. 420), authorized acceptance of a gift of land in Iowa as part of the refuge. The Act of June 13, 1944 (54 Stat. 274), provided for additions to the refuge of lands in Minnesota and transfer of funds to certain Sioux Indian bands to extinguish their rights. The Act ofMav 27, 1961 (75 Stat. 88), added certain lands in the refuge to the Effigy Mounds National Monument, Iowa. • Wichita Mountains Wildlife Refuge (16 U.S.C. 684-687; 33 Stat. 614), as amended and supplemented. — Acts of January 24, 1905. and June 29, 1906 (34 Stat. 607). authorized setting aside certain lands in Wichita and Grand Uanvon National Forests for wildlife and provided administrative direction (refuge established by Proclamation 563, June 2, 1905 (34 Stat. 3062) and renamed by Executive Order 7116, June 26, 1935, and 15 c.IrlftniftiigiMfc'S: Proclamation 2211, November 27, 1936). Act of Febru¬ ary 26. 1919 (40 Stat. 1178), directed that certain lands in the Grand Canyon National Forest, other than the game preserve, be added to theGrandCanyon National Park. • Wyandotte National Wildlife Refuge (16 U.S.C. 668dd Note, 697-697a; 75 Stat. 243).— Public Law 87-119, approved August 3, 1961, established refuge consisting of certain lands on the Detroit River, Michigan. A provision of an earlier Act, September 13, 1960 (74 Stat. 904), authorized the Secretary to petition the City of Wyandotte for annexation of certain lands and pro¬ vided that it would not prevent establishment of a refuge. National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee; 80 Stat. 927), as amended.—This Act, (derived from sections 4 and 5 of Public Law 89-669 of October 15, 1966) constitutes an “Organic Act” for the National Wildlife Refuge System by providing guidelines and directives for administration and management of all areas in the system including “wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, or waterfowl production areas.” The Secretary is authorized to permit by regulations the use of any area within the system provided “such uses are compatible with the major purposes for which such areas were established.” Not more than 40 percent of an area acquired as a migratory bird sanctuary can be opened at any one time to hunting of such wildlife. Contracts may be entered into for public accommodations and donations of funds may be accepted for land acquisition and management. An amendment July 18,1968, Public Law 90-404 (82 Stat. 359), provides that proceeds from disposal of lands in the system acquired with “duck stamp” funds or by donation are to be paid into the Migratory Bird Conserva¬ tion Fund and that the Migratory Bird Conservation Commission must be consulted before disposal of any such acquired land. A December 3, 1974, amendment, entitled National Wildlife Refuge System Administration Act Amendments of 1974, Public Law 93-509 (88 Stat. 1603), requires payment of the fair market value of rights-of-way or other interests granted, and the proceeds deposited in the Migratory Bird Conservation Fund and made available for land acquisition. Public Law 94-215, approved February 17, 1976 (90 Stat. 190), clarified that acquired lands or interests therein can be exchanged for acquired or public lands. An amendment February 27, 1976, Public Law 94-223 (90 Stat. 199), commonly referred to as the “Game Range Act,” directs that all areas in the system on or after January 1, 1975, “shall be administered by the Secretary through the United States Fish and Wildlife Service” and cannot be transferred or disposed of unless otherwise directed by Acts of Congress. Exceptions are provided for areas administered as part of the system pursuant to cooperative agreements and for transfer or disposal and exchange of acquired lands. Nature Protection and Wildlife Preservation in the Western Hemisphere—See Convention on Nature Protec¬ tion and Wildlife Preservation in the Western Hemisphere Northwest Atlantic Fisheries Act of 1950 (16 U.S.C. 981-991; 64 Stat. 1067), as amended. —As amended several times, this Act implements thelnternationalConvention for the Northwest Atlantic Fisheries (1 U.S.T. 477; T.I.A.S. 2089) of July 3, 1950. Procedures are established for appointment and other activities of the International Commission for the Northwest Atlantic Fisheries and an advisory committee. Administration and enforcement of the Convention is vested in the Department of Commerce by this legislation. Northwest Atlantic Fisheries Convention—See International Convention for the Northwest Atlantic Fisheries (ICNAF) Ocean Dumping - See Marine Protection, Research and Sanctuaries Act of 1972 Pan American Convention on Nature Protection and Wildlife Preservation - See Convention on Nature Protection and Wildlife Preservation in the Westem Hemis- phere Pittman-Robertson Act - See Federal Aid in Wildlife Restoration Act Polar Bear Convention - See Agreement on the Conservation of Polar Bears Predatory Animal Control - See Animal Damage Control Act of March 2, 1931 Privacy Act of 1974 (5 U.S.C. 552a; 88 Stat. 1896).—In order to promote greater governmental respect for the privacy of citizens, this December 31,1974, Act, Public Law 93-579, requires Federal agencies to adopt minimum standards for the collection and processing of personal information, and to publish detailed descriptions of these procedures. The Act also establishes a Privacy Commission to oversee the agencies implementation of the Acts safe¬ guards. Ramsar Convention on Wetlands of International Importance—See Convention on Wetlands of Internation¬ al Importance Especially as Waterfowl Habitat Recreation Coordination and Development Act of May 28, 1963 (16 U.S.C. 460/-460/-3; 77 Stat. 49).—Public Law 88-29 declares a Congressional policy that “present and future generations be assured adequate outdoor recreation resources” and that“all levels of government and private interests . . . take prompt and coordinated action. . . to conserve, develop, and utilize such [ their] resources for the benefit and enjoyment of the American people.” The Secretary of the Interior is directed to inventory, evaluate and classify outdoor recreation facilities, and formulate and maintain a “comprehensive nationwide outdoor recreation plan.” Refuge Recreation Act (16 U.S.C. 460k-460k-4; 76 Stat. 653), as amended. —Public Law 87-714 of September 28, 1962, as amended by Public Law 89-669, October 15,1966 (80 Stat. 930), and Public Law 92-534, October 23, 1972 (86 Stat. 1063), authorizes the Secretary of the Interior to administer refuges, hatcheries and other conservation areas for recreational use, when such uses do not interfere with the area’s primary purpose. Provides for public use fees and permits, and penalties for violation of regulations. Autho¬ rizes the acceptance of donations of funds and real and personal property for purposes of the Act. Section 2 amended December 28, 1973, by section 13(d) of the Endangered Species Act of 1973 (87 Stat. 902) to authorize acquisition of 16 . lands and interests suitable for: (1) fish and wildlife- oriented recreation; (2) protection of natural resources; (3) conservation of endangered or threatened species; or (4) carrying out two or more of the above. Such lands must be adjacent to or within the conservation area. Acquisition cannot be accomplished using "duck stamp” receipts. However, funds for acquisition are available pursuant to section 7< a) of the Land and Water Conservation Fund Act, as amended September 28, 1976, by Public Law 94-422 (16 C.S.C. 460/-9; 90 Stat. 1318). Refuge Revenue Sharing Act (16 U.S.C. 715s: 49 Stat. 383). as amended.—Section 401 of the Act of June 15, 1935, established the procedure for making certain payments to counties from revenues derived from the sale of products from refuges located in the county. Major revisions were made August 30, 1964, by Public Law 88-523 (78 Stat. 701) requiring that all revenues received from refuge products such as animals, timber and minerals or from leases or other privileges be deposited in a special Treasury account and net receipts distributed to counties for public schools and roads. For lands acquired in fee the county receives either three- fourths of one percent of the cost of the land adjusted every five years to represent current value or 25 percent of the net receipts collected from the area, whichever is greater. For public lands in an area of the system the county receives an amount equal to 25 percent of net receipts. An amendment December3,1974, PublicLaw93-509 (88Stat. 1603), requires that moneys remaining in the fund after payments be transferred to the Migratory Bird Conservation Fund for land acquisition under provisions of the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.; 45 Stat. 1222), as amended, except such funds that had previously been available for management of the system and for enforce¬ ment under the Migratory Bird Treaty Act (16 U.S.C. 703- 711; 40 Stat. 755), as amended, shall not be diminished. Refuge Trespass Act (18 U.S.C. 41; 62 Stat. 686).—Sec¬ tion 41 of theCriminal Code, title 18, is frequently referred to as the Refuge Trespass Act of June 25, 1948, which consolidated penalty provisions of various Acts from January 24, 1905 (16 U.S.C. 684-687; 33 Stat. 614), through March 10. 1934 (16 U.S.C. 694-694b; 48 Stat. 400), and restated the intent of Congress to protect all wildlife within Federal sanctuaries, refuges, fish hatcheries and breeding grounds. The Act provides that anyone, except in com¬ pliance with rules and regulations promulgated by authori¬ ty of law, who hunts, traps or willfully disturbs any wildlife on such areas, or willfully injures, molests or destroys any property of the United States on such lands or waters, shall be fined, imprisoned, or both. Research Grants Act ofSeptember 6,1958 (42 U.S.C. 1891-1893; 72 Stat. 1793).—Authorizes heads of Federal agencies to enter into contracts for basic scientific research at nonprofit institutions of higher education or organiza¬ tions whose purpose is primarily to conduct scientific research. Title to equipment purchased with such grant or contract funds may be vested in such organizations or institutions. An annual report to appropriate House and Senate committees by June 30 of each year required of agencies exercising this authority. Rivers and Harbors Act of 1899 (33 U.S.C. 401 etseq .; 30 Stat. 1151), as amended and supplemented.—The Act of March 3. 1899. as amended and supplemented, among other things makes it unlawful for anyone to conduct any work or activity in navigable waters of the United States without a Federal permit. Under section 10 of the Act (33 U.S.C. 403; 30 Stat. 1151), dikes, dams and similar obstructions to navigation require the consent of Congress unless the navigable portion of the involved water body lies wholly in one State in which case structure may be built under authority of the State with approval of the Chief of Engineers and the Secretary of the Army. The Secretary of the Army is authorized to issue permits to construct piers, jetties and similar structures, or to dredge and fill in navigable waters. Authority of the Corps of Engineers to issue permits for the discharge of refuse into or affecting navigable waters under section 13 of the 1899 Act (33 U.S.C. 407; 30 Stat. 1152) was modified by title IV' ofPublicLaw92- 500, October 18, 1972, the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1341-1345; 86 Stat. 877), as amended, establishing National Pollutant Discharge Elimination System Permits. The Fish and Wildlife Coordi¬ nation Act (16 U.S.C. 661-666c; 48 Stat. 401), as amended, provides authority for the U.S. Fish and W'ildlife Service to review and comment as to the effects on fish and wildlife of the works and activities proposed to be undertaken or permitted by the Corps of Engineers. Shooting from Aircraft Act - See Fish and Wildlife Act of 1956 Sikes Act (16 LFS.C. 670a-670o; 74 Stat. 1052), as amended. — Public Law 86-797, approved September 15, 1960, provides for cooperation by the Department of the Interior and Defense with State agencies in planning, development and maintenance of fish and wildlife resources on military reservations throughout the United States. An amendment August 8, 1968, Public Law 90-465 (82 Stat. 661), authorizes a program for development of outdoor recreation facilities. Amended October 18, 1974, Public Law 93-452 (88 Stat. 1369), by authorizing appropriations to Defense and Interior through June 30, 1978, for conserva¬ tion and rehabilitation programs on military lands. Autho¬ rizes conservation and rehabilitation programs on AEC (now ERDA), NASA, Forest Service and BLM lands. Such programs to be carried out in cooperation with the States by the Secretary of the Interior and on Forest Service lands by the Secretary of Agriculture. Authorizes appropriations through June 30, 1978, to Interior and Agriculture. A public land management area stamp may be sold in order to hunt, fish or trap on lands subject to a conservation and rehabilitation program. Small Reclamation Projects Act of 1956 (43 U.S.C. 422a-422k; 70 Stat. 1044), as amended.—The Act of August 6,1956, as amended by Public Law 89-553, September 2, 1966 (80 Stat. 376), has as its purpose to encourage State and local participation in development of reclamation projects and to provide Federal assistance. The cost of means and measures to prevent loss of and damage to fish and wildlife resource shall be considered a project cost. Projects under this authority are subject to the review requirements of the Fish and Wildlife Coordination Act (16 U.S.C. 661-666c; 48 Stat. 401), as amended. Small Watershed Projects Act —See Watershed Pro¬ tection and Flood Prevention Act Soil Conservation and Domestic Allotment Act of 1935 (16 U.S.C. 590a-590q-2; 49 Stat. 163), as amended. — Provides programs for the prevention of soil erosion such 17 . as farm pond construction, and establishes the i ssSSrSS-s^^ wetland for waterfowl purposes a^d ^ SUCh ed within live years. (3) deal lsc '"’-’Ummat- ment-d Un j on - United Sl »‘es Environmental Agree- EnvironmentalI^rotMtion" C °° Peration in the of • Imerica'atd fcUntn” o}T ™'St itesTf Environment^ 6 Conservat *°o °f Migrato^B^'riL amTtheir rT |“ rp ( ,U . sGrainforWi,dlif e A ctof August 17 1961 n U.S.C. 447 - 449 - 75 icm d l,- nu s usi A /, iybl (7 upon a filing teTl? 1 * Wiidlife authorized to be TariffActofl 930 ( 19 U.SC 1202 - 1 = 197 . d a c fQf mammals or hirH rS “ " S; Pr ° hibits im P«rtation of wild u ™ ^ d ° r parts ° r P roducts thereof in violation of EnforcXt^l r th6 C ° Untry from ” hiqb exported^ the U.S. Fish and WmSSZST*" " C °° PeratWn •** “r Aget; h : “xt i the e ~^ other Federal agencies. “ d c00rd ‘ nati °" with Transfer of Certain Real Property for WiMif 667bS7d a 62S,ar r M01 "a °?7 y i9 ' 194S 116 U-S.C iy72 » and by Public Law 92-432 (86 Stat 79 m tu° ’ provides that lln ™ „ a * otat - 7A i), this statute Hnd°ha re ' mbursement t°^he Secretary o^helnnni'o/i'fThe 548). This May 13. 1910, treafywaJsTgned'm WaslfingJon' 18 ZL^^lTuIy 5 rno Tb 19,0; ratlfirati \ r It the Interior ahall appoint members as follows: a. kupciniod from r*o- or.i ms millions auunuitod by the Governor o: M~»-*chuj#rL&; b. lnr^ rarrabs'i appointed from rac- ontnu^dAMco* iubmitteu by tbo Mayor of tr** C.-y or Doc toe* and «. One member to reprrrent each owner w‘tG which Cie Secretary Laa ooncluded a ooopemtl7e ajrreeruant. to be appointed from recoiuinoaaatlona eubmltted by each «uch owner. The Chairman of the committee shall be designated by the Secretary. 11. The Poston National Historical Park Adv*ucry Com mission was estab¬ lished by eecLnn 4 of Pub. L. 93-431. Additional information regarding the Boston Nstiur.il Historical Park Advis- cry Commission mry be obtained from Robert M. Landau, National Park Serv¬ ice, Department of the Interior, Wash¬ ington, D.C. 20240 (telephone 202-343- 8953). Dated: April 10,1975. Robert M. Laitdau, Half on Ofr.cer, Advisory Corn- missions, National Park Serv¬ ice. fra Doc.75—11546 Tli «1 5-3-75;8:46 am] CANAVERAL NATIONAL SEASHORE ADVIISOftt COMMISSION Establishment This notice Is published in accordance vlh the ’provisions of section S of the Federal Advisory Committee Act (Pub. I* 93-463), and advises of the establish¬ ment of the Canaveral National Seashore Advisory Commission. The charter for the committee containing Information prescribed by section 9(c) of Pub. L. 92- 463 2 s published below. Cairrm— Cawavkslal National Seashore Advisory Commission 1. The official designation of the com¬ mittee lc the Canaveral National Sea- gnarre AdvLtory Commission. 2 . The purpose of the committee is to ccnmlt and advise with the Secretary o: the Interior on all matters of planning. dcrYJonment, and operation of the Ca¬ naveral National Seashore. 3. The comndttee win require approx* jrrutelv 10 years to complete Its work. «L The committee files Its reports and minutes with the Regional DLrecioi. Southeast Region. National Park Serv¬ ice, 3401 Whipple Avenue, Atlanta. Geor¬ gia * , 0S4 i, until such time as provision Is made for local park management. J. Support for the committee is pro¬ vided by the National Park Service. De¬ partment of the Interior. • I. The duttee of the committee are iolely advisory and are as stated in para¬ graph 2 above. 7. The estimated annual operating cost of tile committee Is 31.000, and involves ippmximately 1/24 mar.-rear of time. f. The committee meets approximate¬ ly four three a year. 9. The committee’s t-eirrinatlon date is January 2, 1985, unless extended by the Congress. 1C. The committee la composed cf five members, each appointed for a term of 2 years by the Secretary of the Interior, as follows: a. One member from each corny In which the bcurTot Li located, to be wlcted Irene recommend* Ucua mode by the county oocn- mbsioner In each county; b. Two members representing the State of Florida who eha.ll b'. sclented from recom¬ mendations m*du by the Oovernor of Flori¬ da. ana c. One member representing the general public. The Chairmen of the committee shall be designated by the Secretary. 11. The Canaveral National Seashore Advisory Commission wa? established by Sect’cn 6 of Pub. L. 93-626. Additional Information regarding the Canaveral National Seashore Advisory Comnlsslcn may be obtained from Rob¬ ert M. Landvj, National Park Service, Department of the Interior, Washington, D.C. 2C240 (telephone 202-343-8953). Dated: AprU 10,1975. RoorsT M. Landau, Liaison Officer, Advisory Com¬ missions, National Park Serv¬ ice. [FR Doc7&—11547 Filed 5-2-75;8 45 am] CUYAHOGA VALLEY NATIONAL RECREA¬ TION AREA ADVISORY COMMISSION Establishment This notice is published in accordance with the provisions of section 9 of the Federal Advisory Committee Act (Pub. L. 92-463), and advises of the establish¬ ment of the Cuyahoga Valley National Recreation Area Advisory Commission. The charter for the committee contain¬ ing Information prescribed by section 9 reeaed In the preaer- vation of navor.ru.ly algnificatit natural areas, of the objectives n. the Nutural Landmarks Program, of the methods tuved to Identifying poteiitlal natural r VOL 40, NO. |7—MONDAY, MAT 5, 1475 NOTICES lundmar'uj. and of the criteria used In eraluMm* natural areas. Sites listed in thi* notice h k ve bevn dcterenincd to be ellsiMo fnr inclusion in the National Reg-dry of Natural Landmarks. Those which have been registered are indicated by an as'’risk. AU Federal anrndes should take cogni- rancr of the files Included in the Na¬ tional Re'Tirtrr of Natural Landmarks to fain 11 the intent of section 102 of the National Environmental Policy Act of 19C9 (32 Stat. 852; 42 U.6.C. 4331 >. 1 Dated: Apn! 22. 1975. John E. Cook. Acting Deputy Director, National Park Service. Tut NircuL Landmarks Program X. THE NATIONAL KrCISTRT OT NATURAL usd marks and pbockdures for rccls- ZKATXON A. Pmj r om Objective. The objectives of the Natural landmark* Program is to asairt in the preserv ation of a variety of significant natural areas which, when considered together, will illustrate the diversity of the country’s natural history. This objective is attained through iden¬ tification of si ter eligible for Inclusion in the n&tiona’ registry. Natural landmark registration Is voluntary and does not change ownership. Inclusion in the national registry is in¬ tended to (1) encourage the preservation of sites illustrating the geological and ecological character of the United Slates, (2> enhance the educational and scien¬ tific value of sites thus preserved. (2) strengthen cultured appreciation of nat¬ ural history, and (4) foster a wider in¬ terest and concern in the conservation of the Nation's natural heritage. B. Inventory of natural areas. To pro¬ vide a logical and scientific basis for the . iioctioj’ of natural lar.dmm Jrs whlch adequately represent the naturei history of the United States the NaticnaJ Park Service has developed a system of natural history themes as follows : LArroroer** or rwi Pussst PI alas, plateaus. reemi. Cueeia* And bogbact*. Mountain syj*u>tnA. Mortal of vokaaniam. EiAvstc; plJsnasMOA. sculpture ot t tie Italian landiorma FUror system* and lakes. TUs wort of glacier*. Srewtoorea. lakerherfw. hdaacU. Ooral bsi»McU. reefs. at/ogy. architecture, or human grogre.pn/. 17u- Advi' cry Board s recommendatren u transmitted to the Secre* *ry ai.d. if ap¬ proved b> him. the Score «ry may ao- nounee that, the sne is eligible for rrgi^ Uation. Tlie owner is then invited to apply for a cert-fica*we and bronze plague designating the site a registered natural landmark. Registration els a natural landmark r*. quires agreement by tl. landowner ti preserve. insofar as possible. the Lgififi. cant natural values containea in the sue. In apph ng for such registration the owner agrees to so manage the site to prevent the destruction or deteriora¬ tion of the values upon which landmark status is based. He rclir-ruudies uou? of his rights and privilege") as to use of the land. Neither dots the Ektpartixrent of the Interior gain any possessory interest tu lands so designated, but wifi, upon ^ quest, provide consult iti re as'{stance b* protecting and interpreting the natural values of the site. Should the natural Integrity of an el¬ igible site deteriorate from either natu¬ ral or man-induced causes, to the extent that national stgrlfioar.ee U lost, the r* wifi be removed from tire Nahouni Reg¬ istry of Natural Laodmarka. Tiie National Park Service will erfi^. ate now sites and rre-coilua >e shc,^ periodicafiy to detei-.irLne tiielr cure rent eligibility for landmark siatua Ad¬ ditions to and cicletio.nj from U>e tional Registry of Natural Landmarks will br published at intervals in the ?v&. tRAT. Rzcister. n. sms EiiGEBti. roa tsclus-iOm ui tn- KATIOKAL REC131KY OV KKTUMjJL LANOMUcil (Sites whirii have teen rvgtstered tre indic?Ud by or. aatertik ) ALABAMA Beaverdam Creek Btamp. Lxm^st^Ke County —WL«Unr>al WQ*- iUe He.'u?* 7h om-b* norUk at C«xn*k. I«- Und in tbs Altsuflan Arcin I r xxa^ • Brown Bear Refuge — 300 miles MOothwwat ot Anchorage. 1950f> NOTICES INDtANA "Seer Cret k Canyon, Fountain Ccrunty —7 mile* northeast ot Covington. Becl tula Wood-s, Montgomery County — 3 ml.M bouuh of the villa.:? of SLannondaie. Big Walnut Creek, Putnam County — 36 mtlM west of Lad.-ttiRpoUa. Cabin Cr;ek Raisrd Bog. Randolph County — 14 rr.U-s east-outheart of Muncle. •Co*rU J Bch j. Poster County-—10 mll^s weat of Michigan Cltj\ Darks-Purdue Batura] Forest, Randolph County— 13 mile* northeast of Muncle. •Djiialdson Cave System one Woods, Law¬ rence County —Spring Mill State Park., 5 * miies eaat of Mitchell. Durum Mature Preserve. Porter County —In¬ diana Dunes State Park, extends along tbe eouthe-at shore of Lake Michigan between the Tillage* of Dune Acres and Beverly Shores. Hemmer Woods, Gibson County —2 miles northeast of the village of Buckskin, flovrer Prasris, Lake County —2 miles south¬ west of Griffith. Boot Woods, Oven County —3 miles north- writ of the Tillage of Freedom. •JTrcwter Woods Spencer County—ly, miles southwest of the Tillage of Patronvllle. * if e.'tear Woods, Shelby County —2 milee southwest r' the Tillage of Blue P.ldge Oarers’ Woods, Jefferson County — 7 mt'.es northwest of Madison. Ohio Coral R**f ( Falls of the Ohio, —In Ohio RlTer, between Jeffersonville, Ind„ aad Louisville. Kt. (See also Kentucky.) "Psue Hilts Natural Area. Montgomery Coun¬ ty —15 m.let, west-southwest of Crawfords- Ttlle "Pink )Jk Boc. i-u Porte County —4 miles south of Waterford. •Pioneer Mothers Memorial Forest, Orange County —Wayne-Hoosler National Forest, : mile* west-northwest ot Darien. •At?? ai Orangevtlle, Orange County —South of West Koid in Orangeville. Rocky Hollott—F^i.s Canyon Natu r e Preserte. Parke County —Turkey Run State Park. 9 miles nor Ui of Rockville. "Shrader-Weaver Woods, Fayette County —7 miles northwest ot ConnerrvlUe. Tamar ark Bog Nature Preserve, Lagrange County —Pigeon River State Game Pre- eerve. 1 mile southeast of the town of Uongo. •TofZii'er Sttcllowhole Orange County —4 miles north-northwest of Paall. * Wesley Chapel Gulf, Orange Conn f V —3 miles east-southeast of Orangeville. * Westelman Perk Woods, Vanderburgh Coun¬ ty —Within city limit* of Evansville •Wyandotte Cave, Crawford County —Harrl- •on-Crawford State Forest, 30 miles west of New Albany. tOWA •Cayler Prairie. Dickinson County — 5 miles weat of West Okoboji. * Hayden Pravric, Howard County —12 miles northwest of Cresco. *Whtte Pine Hoi low Preserve, Dubuque County —20 mile* northwest ot Dubuque. KANSAS "Baker Unii'trsity Wetlands, Douglas Coun¬ ty —3 miles south of Lawrence •if emu men t Rocks Natural Area, Gove Coun¬ ty —23 miles south of Oakley. KENTUCKY Henderson Sloughs, Henderson end Union Counties —4 ml We northeast of Unlou- town. •Lilly Cornett Woods, Letcher County — 25 miles southeast of Hazard. OX to Coral Reef (Falls of the Ohio)—In Ohio Hirer between Louisville. Ky., and Jeffer¬ sonville, Ind (Bee also Indiana .) MAINE •Coibi^-Marnlon Preserve. Kennebec County — 2 miles north of the v'.i.age of Belgrade Crystal Bog, Aroostook County —4 miles souche»ust of Patten. •Gulf Hugos, Piscataquis County —14 air miles east of Greenville. Meddybemps Heath, W cshington County — 3 miles west of the village of Meddybsmps. Mcnhegan Island, Lincoln County —10 miles south of Port Clyde, In the Atlantic Ocean. •Mount Katahdtn, Piscataquis County —20 mliei north ot Mlillnocket. •Orono Bog. Penobscot County —6 miles southwest of Old Town. Passadvmkt'op Marsh and Boglands Penob¬ scot County —2 miles east of Paasadum- keag. Penney Pond —Joe Pond Complex, Kennebec County —miles south of the village of Belgrade. MARYLAND •Battle Creek Cypress Swamp, Calvert Coun¬ ty —On Md. 506, between Bowens and Port Republic. Belt Woods, Prince Georges County —15 miles east ot downtown Washington, D.C. •Cranesville Swamp Nature Sanctuary, Ger- rett County, Md., and Preston County, W- V a.—9 miles north of Terra Alta, W. Va (See also West Virginia.) •Sugar Leaf Mountain, Frederick County —16 miles south of Frederick. MASSACHUSETTS •Acua'inef Cedar Swamp, Bristol County — North we" t of New Bedford. • Bartholomew s Cobble, Berkshire County. Mast., and Litchfield County. Conn —1 mite west of Ashley Falls. Mass. (See al*o Connecticut.) •Fannie Stebb.ns Refuge. Hampden Coun¬ ty —5 miles south of Spring-held. *Gay Head Cliffs. Dukes County —On west¬ ern tip of Martha’s Vineyard. "Hawley Bog, 1 ranklir. County —1 mile north'vcct of the rUlago of Hawley. Lymfield Marsh, Essex and Middlesex Coun¬ ties —Between Wakefield and South Lynnfleld. Pout water Pond, Worcester County —North of Holden. MICHIGAN Grand Mere Lakes, Berrten County-—2 miles •outhwest erf Stevensville. Northern Hardwood Natural Area. Marquette County —Upper Peninsula Experimental Forest. 17 miles southeast of Marquette. Strang moor Bog. Schoolcraft County—Setter National Wildlife Refuge, southwest of Seney. Warren Woods Natural Area, Berrien Coun¬ ty —3 mile* north of Three Oaks. MINNESOTA •Ancient River Women Channel, Traverse and Big Stone Counties, Minn., and Rob¬ erts County. S Dak. —Near Browns Valley, Minn. (See South Dakota.) •Itasca Natural Area, Clearwater County — 30 miles southwest of Bemldjl. •Lake Agassix Peat lands, Koochiching County —30 airline mile* south of Inter¬ national Falls. MISSISSIPPI •CAesfnt-f Oak Disjunct, Calhoun Co»inty — 18 miles north c' Bruce • Mississippi Petmfed Forest. Madison, County —17 miles north of Jackson. MISSOURI Cupola Pond, Ripley County —Mark Twain National Forest. 12 m.lei south-southeast of Fremont. •Maramec Spring Phelps County — Maram*. ^nng Far*, 8 mll'-s southeast of g^ James. •Mark Twain and I'ameron Caves, Ma’ion County— 2 miles southeast of Haonib*!. •Marvel Cave, Stone County— 50 miles south of Springfield. MONTANA Bridget Fnssil A~ea. Carbon County. Bug C-eck Fossil Area, McCone County— miles southeast of Fort Peck. Cloierly Formation Site, Big Horn County Glacial Lake Missoula, Sanders County _u mile3 north of Perma. H:ll Creek Fossil Area, Garfield County _ miles north of Jordan. NEBRASKA ' •Fontenelle Forest. S’crrpy County —1 mi\ south of Omaha. NEVADA •Hof Creek Springs and Marsh, Nye County _ 35 miles south of Lund. •Ichthyosaur Site, Nye. County — 20 miles east of the town of Gabb*. Lunar Crater, Nye County — 70 miles east, northeast of Tor.opah. Ruby Marsh, Elko, and White Pine Coun¬ ties — Ruhr Lahe National Wildlife Refuge, 50 miles south-southeast of Elko. Timber Mount col Cold-era. Nye County, •Valley of F-re, Clark County — 35 mlUg noi theast of Las Vegas. NEW HAMPSHIRE East ft. let Natural Area, Ccx>* Covnf’^. Nor’heail of Second ConMctlcut Lai •Floating it laud. Coos County —2Vs mil** east-northeast of Errol. •Franconia N-tch. Crafton County —10 miles south of Littleton •Heath Pond Beg, Carroll County — S mile* northeast of Center Os^ipve. •Madison Boulder, Carroll County — 3 miie* north of Madison. • For.diche-.vii WUuli/e Refuffe, Coos County— 2 miles nor.heast of Whitcfleld Airport is Jefferson. Spruce Holi Bog. Strafford County —J, mlier west-southwest of Durham. NEW JERSEY •Great Fails of Paterson, Passaic County — Paterson. •Great Swamp, Morris County — Orest Swamp National Wildlife Refuge, 7 mil® south of Morristown. •Moggy Hollow Natural Area, Somers County — 2 miles east of Fa* Ellis. Riker Hill Fossil Site, Essex County —Irs th* borough of Poaeland. •Stone Harbor Bird Sanctuary , Cepe Me y County — Stone Harbor Borough. •Sunfish Pond, Warren Co xty — 3 miles northeast of the Delaware Water Gap Trey Meadows, Btomis Cdvnfy—Near Troy Hills. NEW MEXICO Port Stanton Cave, Lincoln County — 7 mfia; west, of Lincoln. Grants Lava Flow. Valencia County —Extend* about 26 ml 1 ©* south from Grants, between New Mexico 117 on the east and New Mrs- ’• lco 53 on the west. Torgac Cave, Lincoln County — SO air mil** southeast of Corona. NEW YORK •Bear Swamp, Albany County —8 rad"© south of the village of Weetrrlo • Bergen-Pjr'jn Swamp. Genature County — Between Bergen and Byron. Big Reed Pond Suffolk County — 3 mil** wtf. of Montauk Point. ->£*Al «GISn«. VOl. 40. NO. *7—MONDAY, MAY 5. 1P75 ' NOTICES •D*<*r L*ck Nature Senrtva-y. Cattaraugus Count'- —4 nuid nou: ljeout of Oowanda. •Dexter Ua ;h, Jcfrrton County —2 miles »ouUiv,* t of the K’*a of Dexter. •X< eu ills FaUl-lca Ca-.'et, VUtrr County — 6 miles aoutneact of Sitor.TUte. •Fail Brook G-r~or, Ltinnysfoa County —iy^ miles south Ok Coneseo. •Fc ill Co-'iil Fee/, Cencsee County —4 miles n east cf West Jefferson. •Mount Mitchell St eta Park, Yancey County —20 miles northeast of Anhevllla, Bapi Dead Woods and Jockey Midge, Dare County —IV4 miles northwest of Nags Hash on Bodi© Island. • pi ad man t Beech. Natural Area. 1Veka County —William B. limatead State Park, 7 miles _orthwe*t of Raleigh. •Pilot Afountalw, Surry County —Pilot Moun¬ tain State Pari- 8 miles south of the to wn of Pilot Mountain. •Stone Mountain, Allegheny and WiUces Count let —r'tooo Mountain Slat* Park, 9 mile* southeast of Sparta. NORTH DAKOTA • Two-Top Mesa end Big Top Mesa. Billings Count ;•—1% airline miles northwest of Fairfield. OHK> Arthur B. Williams Memorial Woods, Cuya¬ hoga County —Within corporate boundary of Mayfleid. Blarklick Woods, Futrftetd County—-l mile south of Reynoldsbujg. "Brown's Lake Boy —Wayne County —il irdlea southwest of Wooster. •BuszardrooM Rock—Lynx Prairie—The Wilderness, Adams County —78 miles east of Cincinnati. •Cedar Bog. Champaign County —7 miles north of Spring held. •Clear F(r~k Gorge, Ashland County —4 mDes south of Loudern llle. • Cli/ton Gorge, Greene County —10 miles •outo of Springfield. Cratl Woods, Ashland County —8 miles south- oouUiweot of New London. •Cranberry Bog. Licking County—20 mile# east cf Columbus. •Dytcrt Woods, Belmont County— 11 miles southwest of St. ClalrsvlUe. Fort HiU State Memorial, Highland County— S mites north-liortb west of Sinking Spring. •Glacial Orooves Slats Memorial, Xrie County —On Kelleys LLand, 5 miles off¬ shore from Marblehead. •Glen Helen Natural Area, Greene County— In Yellow Springs. Coll Woods, Fulton County —OoU Woods State Forest, 3 miles nor Lowest cf Archbold. Ucxchcood Cotcmrai Preserve, Hamilton County —One-half mile east of Hazelwood. •Holden Natural Areas, Lake and Geauga Counties —SC miles east ci Cleveland. •Hurston Woods, Butler, and Prelie Coun¬ ties —4 V* rr'dcs north of Oxford. •Mentor Marsh, La'>:e County —Near Paints- ville. •risers Creek Gorge, Cuyahoga County— 12 mil©- southeast of Cleveland. OKLAHOMA Devil's Canyon, Canadian County—22 miles west-ao.ithwaet of Ki Rono. McCurtain County Wilderness Area, McCur- fem County —Center of site Is 12 miles south of EmithvlUe. OREGON “Crown Point, Multnomah County —24 miles east of Portland. •Horse Ruioe Natural Area, Deschutes County —id mile* southeast of Bend. • John Day Fossil Beds, Grant County —40 miles west of town of John Da? on Oregon 10 . PENNSYLVANIA •Bear Meadows Natural Area, Centre County —8 miles southeast of State College. •Bos Huckleberry Site, Perry County —1 mile south of New Bloomfield. •Coo* Forest, Clantm County —Cook Forest State Park. Cranberry Bog, Monroe County—6 miles nortnweet of Stroudsburg. •Femcliff Peninsula Natural rea, Fayette County —Ohiopyl© State Park, 20 mile* southeast of Counellsvllle. •Femcliff Wtldflcnrer and Wildlife Preserve,. Lancaster County —8 miles west of Wake¬ field. •Florence Jones F.e-lneman W‘ld!ife Sanctu¬ ary, Perry and Cumberland Counties—8 milw north wee t of Car dale. •Hawk Mountain Sanctuary, Berks County — 30 vrtVtem north of Reading. •Hearts Content Scrnte Area. Warren County —1 i milts southwest of Warren.. •li -mloci.s Natural Arec, Perry County —12 ml lea south c: Blair. •Hickory Fun Boulder Field, Carbon County —In the Pocono Plateau region. •Lake Leu-airec, bajac Cc\nty —25 mile* east of Scranton •McConnells Mill Slate Park, Laurence Count v- -40 mile* north of Pittsburgh. •Pine Creek Gc-rge, Tioga County —12 mile roadie*^ r crutch between Ansonla arid Black veil. •Presque Isle, Eric County —Near the dty of Erl'.. Reynolds Sirring and J’-.erine Fur-amp Bogs, Tioga County —Tlogu Suite Forwrt, 3 mile* acutfc o.' Lee to uia. •Snyder-Middlesv-arth Natural Area, Snyder County —5 mlief. weet of TroxelrUia. ItSAt tSGISTTI, VOL 40, NO 47—MONDAY, MAT 195C7 •S-•quehenna Water Gaps, Parry County — 18 n.h e* north of Htmiiorf •The G:mj A'uturcJ kr*a, BuHtovt and Lu¬ zerne Counties —L. R.ckett., Glen State Pa'k, 25 tr,llr« ©atl of Wililumapcrt. •Tir-eum Wtldltte Preserve, Philadelphia Con n ty —Phil aduphla. •Tioneita S< mur end MeseareH Natuml Areas, Warren end McKean Counties —7 nu ef south of Ludlow. • Wis >ah tekon Valley, Philadelphia County — Fairmount Park, Puiiadoiphia. r; 4 Vi miles south -aouth- ea*t and 7 miles, aouUieaat of Manchester. Big Bone Care, Vcn Burcn County —5 miles west-north west of Spenoer. ®Cedar Glades Natural Area, Wilson Covr.ty — Cedars of Lebanon State Forest, 10 mil€i south of Lebanon. Co’iiey Hole, Grundy County—2 miles south¬ east of Viola. Cumberland Caverns (Higginbotham «n~pie Cou-i- ties—XJ coll** eouthwwrt »f Oxford. •KzelPr Cai'e H rys County —wtthtn city Uro¬ l's of Sar, Maroo.i. •Lofip.V-'rr. Cavern, Burnet County—Inng- toru Cavern L-s..* Park, XI mile* acrith- weet of Barnet. •Naftxr®! Bridge Caverns. Comal County—It miles wart at Mew Braun falx. 5, 1973 1930S NOTICES Vr’fr Crater, Ec'or Coanljr—10 t r Cef, of G.ir*?* • *••'5 Anc Nanmal Wildlife Refuge, Ridal- fo Countv —7 mils* »r>uth or Alamo. UTAH • Cl e re land-LI o id Dinosaur Quarry, Emery Cow ,—7 mUf wL-t o' O^vland • jc-*h UA 7>f 9 Natural Area, W ashtng- turn County —10 cUIm aruthwest of 6 V G*orf*. VERMONT •Dr.rton Rivet Marsh, Orleans County —3 milt-i *cuth of Newport. Hump, C tenden and Washing- lou Cour.flcr —l way bflwctc Montpel- Lt- aau Burlington. Com trail Ste cm;?, Addvwn County—* mile* southeast o. tiia village of Cornwall. Franklin Bop. Franklin County —1 mil? east- r.Wvreart of the village of Franklin. • Lm- * Willoughby Natural Area, Orleans County — Wemciore Towuihtp. Lift.4 Otter Creek Marsh, Addiwm County — 2 miles north-northwest of Ferriebure Molly Cog. Lamoille County —S’^ miles north¬ east of the village of Stowe. VIRGINIA Butler Ceve-Breathing Cave, Bath County— one-half mil 1 ' north of BurnrrUle. Charles C. Steirly Natural Area Sussex Coun¬ ty—2 milts west of the village of Dendron. Grand Ccvems, Augusta County —South of Grottoes. Great Ctrmol Swamp, Nensemond County- 20 miles west ol Norfolk. •Luray Caverns, Bag* County — l>,i miles »wt of the center of Luray. pwh Hols, Rockbridge County —George Washington National Poraal, 13 mUes northwest of Lexington. •Seashore Natural Area —Virginia Beach, near Cape Henry. Zuuoot Tract King George County — 5 miles north-northerjt of the Tillage of King George. WASHINGTON . •Glnkro Petrified rorcst, Ktttitas County- 20 miles east of Ellenetrarg •Grand Coulee, Grant County —Beta-eon towns of Grand Coulee and Soap Lake. •Mima Mounds, Thurston County —Weet of Little Rode. • h squally Delta, Pierce and Thurston Coun¬ ties—lb miles east of Olympia. •Poosf of Arches. Clallam County —10 mllee south of Cape Flattery. •Steptoe Butte. Wh.trrion County —50 mile? south of fpobane. WEST VIRGINIA Big Sun Bog. Tucker County —Monongahela National Forest. 7 mllee bm* of Parson*. Bfisfsr Run Swamp, Randolph County— Monor.t^heia National FPreat, 4 mile* m.:tha-o»t of Durbin. Canaan Valiev, Turner County —Center of at* U S miles due east of Davis. •Cathedral Park Preston County —4 mllee west of Ui5 218 on UjS 50 Cranberry Glades Botanical Area. Pocahontas Corinfy—Monongahela National Forest, 6 mllee northwest oi Hlllahoro. •CrancrctUe Swamp Nature Sanctuary, Pres¬ ton County, W. Va.. and Garrett County, Met —P miles north of Terra Alta. W. Va (See also Maryland.) Frr Spring Nun Bog. Tucker Ccuntv — Monongahcla National Forest, 11 mllee •outheaat of DavLs. Gcudtneee Scenic Area, Randolph a rut Poca¬ hontas Countie •—Monongahela National Forsat. b nr lee north of Durbin. Germ*up Valley Kars: Area, Pendleton Coun¬ ty —Between Hirer-ton and Mouth of Seu- sea Greenbrier C averns, G'ffnt' irr County — Noiwb and* *outh of O-gan Ca\e Greenville Sailpeter Cave, Monro* County — Ooe-fourth nms north of the town of Greenville. Lost World Caverns, Greenbhcr County — 2 miles north of new.?burg. Scnr 'tt-Thom Mountain Cave System, Pm- dr‘rn County — One-half unlle northwest of Moyers. Shave* i Mountain Spruce-Hemlock Stand. Randolph County — Monongahela National Forest. 7 miles northwest of Harman. Swago Karst Area Pocahontas County — 3 miles west of Marllngton WISCONSIN Abraham's Woods, Green County — 2 miles southwest of Albany. Ccdarburg Bog. Ozaukee County — 4 miles west Of SaukvUle Chippewa Hirer Bottoms. Bufali County — ' North of Wabasha, Minnesota. •Chiwaukee Prerrie, Kenosha County —6 miles south of Kenosha. Finnerud Forest Scientific Area. Oneida County — 2 mtl?s southwest or Minocqua. •Flambeau Hirer Hemlock-Hardwood Forest, Sawyer County — Flambeau Hirer State Forest, 20 miles southwest of Park Palls Kakayon Sloughs, Ashland County — 2 miles north of the town of Odunah. •Ridges Sanctuary-*-To ft's Point—Mud Lake Area. Door County — center of site is 2’4 miles northeast of the village of Bailey’s Harbor. Spruce Lake Bog. Fond du Lac County — Kettle Moraine State Portst, 2 miles north¬ west of the village of Dundee. •Summerton Bog, Marquette County —3 miles southeast of the village of Oxford. •Wyalvxinr. Hardwood Forest, Grant County—Wyalusing State Park, 6 miles north of Bagley. WYOMING •Bone Cabin Fossil Area, Albany County. Como Bluff, Cwbon and Albany Counties — 8 mllee east of Medicine 3. (?>. and (h> are herebr added to read as follows: (f) Chief, Arizona Archeological Center, Tucson, Arironu. The Chief Arizona Archeological Center, Tucson. Arizona may execute, approve and ad¬ minister contracts not in excess of 550,000 for supplies, equipment or ten- ices. including construction in conformity with applicable regulations and statutory authority and subject to the availability of appropriated funds. (g) Procurement Officer. The Procure¬ ment Officer. Western Regional Office, may execute, approve and administer contracts nor f n exce.v: of HOC.uOO yr supplies, equipment or services, inzludin* construction in conformity with appli¬ cable regulations and statutory authority and subject to the avail bility of ap¬ propriated funds. This authority ma- be exercised by the Procurement Officer Li behalf of any area under the administra¬ tion of the Western Regional Office. *h> Realty Specialists , Jothua Tret National Monument. Sen uoia-King* Canyon and Yosemite Natiuncl Perks. The Realcy Specialists atationed at Joshua Tree National Monumerq Sequoia-Kings Canyon National Park and Yosemite National Park are author¬ ized to exercise authority with respect to the following: <1> Approval and acceptance of op¬ ticus and offers to sell tc the United States, lands, or Lnt^roats in lands, within their respective areas, and to execute aC necessary agreements and conveyance* Incident thereto when the amount in¬ volved does not exceed $150.000.00. and reoeiAi MGirmb vol 40, no, »7—-Monday, may 5, 1975 ' \} ^ •V- * W •• w ^ APPENDIX D ) ) ) o • • V t » • 4 r, *• 1 - Potomac Edison C Vest Penn Power P r\ —^ o •• 1 * omp any Company i'ioj ecu V; No T 0 t \j ) EXTRACT FROM PRESIDING ADMINISTRATIVE LAW JUDGE’S INITIAL DECISION UPON APPLICATION UNDER THE FEDERAL POWER ACT FOR A LICENSE FOR THE DAVIS PUMPED STORACE HYDROELECTRIC PROJECT Applicant.? ’ Proposed Wildlife Preserve and Recreational Facilities In cooperation with the DMR, as well as other agencies, Applicants have developed a plan whereby they propose that an area of some 6,240 acres owned by them on the southeastern side of the lower reservoir will be preserved in its natural state for wildlife management and hunting. This area will include the large peninsula to be formed by the creation of the lake and will extend to the crest of Cabin Mountain. No public access roads will be provided to that area and its preservation will keep that part of the valley visible iron Route 32 free from any development. This area is to be leased to DNR for management by its Wildlife Division. The Davis Project is designed to meet, among other things, the future recreational activities in the general region, including Tucker County and three adjoining counties. Accord¬ ing to various studies, by the latter part of the 1970's deficiencies in outdoor recreation will exist for boating, fishing, camping, swimming and hiking. The Davis Project is intended to make a significant contribution in supplying these anticipated needs. Applicants propose to construct a number of recreational facilities in connection with the development of the Davis Project. These facilities are to be located on the western side of the lower reservoir, pursuant to recommendations of certain agencies involved in recreation, because of reasonable accessibility to the public. The principal recreational facilities proposed by Applicants are depicted on Appendix A, as follows: (1) A fisherman access area (Area A) will consist of a 250 acre strip of land along the northern bank of the Blackwate 1 ver extending from the town of Davis to the* lower darn. The present dirt road bordering, the BLackwater River wi 11 be* im¬ proved; parking for a total of 150 cars will be provided; and toilet facilities will bo installed. (2) A 185 acre sit*'* (A Blackvacer River immediately be set aside for carpers and campsites, 75 with electric! trailer sewage dump station, supply. There will be foot River and to Yellow Cr«ek. rea b) on the north side of the downstream from the lower dem will fishermen. It will contain 100 ty, thre^ wash buildings, a a sewage treatment plant, and wate trails leading to the Blackv/ater ct C (3) A 188 acre site (Area C), located at the northern end of the lower reservoir, will be set aside for picnicking -r.d. boating. This area will include 217 parking spaces for ar-trailers, 60 picnic sites, play fields, foot trails-and a marina. The marina will be a harbor equipped for the anchoring and the launching of sailboats„ This site will als provide a treated water supply, toilet facilities -and a sewage disposal plant. Access to this area will be over a ro to be constructed by Applicants for a distance of about 7,200 feet from the vicinity of the lower dam. (4) A 400 acre area (Area D), located near the southern end of the lower reservoir near P.oute 32, will include an information center, 90 picnic sites, a boat launching ramp and various associated facilities. A road, nearly two miles in length, will be constructed from Route 32 along the lake shore to the picnic sites. Parking facilities, designed to accommo¬ date 125 car-trailers, will be built near the boat ramp; and at the information center additional parking and at the picnic sites will also be provided. will be provided Toilet and water supply facilities (5) A scenic overlook site (Area E) on the western side of the lower reservoir will provide visitors with a panoramic view of Canaan Valley. It will include an interpretive center containing exhibits dealing with the history of the area and the operation of the project. Parking will be provided there for 60 cars. At the present time, the land at this site is under the jurisdiction of the U. S. Government (Forest Service) The total costs of tne recreational facilities, exclusive of any land costs, is estimated at about $1.1 million. Appli¬ cants plan to lease all the recreational areas to DNR. The latter will manage and supervise the- facilitics, with Applicant exercising no.control over their operations and deriving no income therefrom. 1 T. “ pi l.;:a L i 1 d U 1. zs pmje r -i i v' — ■> 1 - *— •*- *- ►'- A. f/y A. ..'-on •O 1 1 pv ' >' ,•■> , t' O _ ^ l ; ^ * r _ I • * ---/ l * ^ C GUuSiu-: t aesthetic the’ valU- proposed cirec tly orivatelv 4 V opportune and na tor facilitie -t areas vn tm vat icy tr controljd h as picnicking, hiking, routing and fashing, wi r.er.t overnight and campsite facilities to be Located nereot. T..c purposes o: r.: j ir plans an: to preserve values, to limit access to the northern portion y. and to enhance the recreational potential of lake. The streams and land areas which will be affected by the construction of the Davis ?ro;f.-t owned and presently provide some limited reerear ties, such as hunting, fishing, sightseeing, car? e study. At present, there are no recreational s existing within the proposed project boundary. re a tiers th of . i n t* *— L » S— t are ticnal o in ^ r J - l *o > In developing their recreational plans, Applicants have considered the effect of the daily and weekly reservoir draw¬ downs, particularly in those areas visible 'from Route 32. The creation of subimpoundments by diking is to keep the water at a constant level and, thus, prevent mud flats. It is noted that during normal operation, the fluctuation cf the water levels may amount to 1% feet daily, but will not exceed 4 feet during any weekly pumping cycle. In most cases, the slopes at the shoreline in the recreation areas will reduce any inordinate exposure of lake edge. In the areas where access is necessary, such as at boat launchings, the ramps will be built to the lowest level of the lake; and in the marina and docking areas, floating walkways will be provided. Applicants believe that the planned facilities will be sufficient to satisfy the expected demand for public recreation. They anticipate a very substantial use of the facilities, for many visitors will be attracted to the proposed lake. The recreation areas are purposely left underdeveloped, in relation to the available space, in order to provide room for future expansion. Applicants have estimated that by the year 2000 (desig¬ nated as the year of ultimate use), over 453,000 persons will utilize the Davis Project recreation areas annually. Staff has projected an ultimate use, expressed in visitor days, as follows: 417,875, for the proposed recreational areas; 31,800, for non-facility use; and 47,250, for swimming in the lower reservoir. Applicants have not included any estimates for swimming, since the anticipated water temperature of the lake may not be conducive to such a recreational activity. REFERENCES 1. Allard, H. A. and E. C. Leonard. 1952. The Canaan and the Stony River Valley of West Virginia, their former magnificent spruce forest, their vegetation and floristics today . Castanea 17:1-60. 2. Brooks, Maurice. The Appalachians . Houghton Mifflin Co., Boston. 3^-6 pp. 1965. 3. Clarkson, Roy B. 1966.. The vascular flora of the Monongahela National Forest, West Virginia . Reprinted from Castanea 31(1):1-119. U. Chapman, J. A., A. L. Harman and D. E. Samuel. 1977* Reproductive and physiological cycles in the cottontail complex in Western Maryland and nearby West Virginia . Wildlife Monographs 56:1-73. 5. Doll, Meyer, and Ancher. Water resources of West Virginia . Prepared hy USGS in cooperation with the West Virginia Department of Natural Resources. 13^ pp. 1963. 6. Friel, Wilmoth, Ward, and Wark. Water resources of the Monongahela River Basin, West Virginia . Prepared by the USGS in cooperation with the West Virginia Department of Natural Resources and the West Virginia Geological and Economic Survey. 118 pp. 1967- 7. Goudy, W. H., R. C. Kletzly, and J. C. Rieffenberger. 1969. Characteristics associated with "resident" woodcock populations in Canaan Valley of West Virginia . Trans. 26th N.E. Wildlife Conf., White Sulphur Springs, W. Va., pp. 123-139. 8. Kinney, Edward C. 1958. Our declining trout fishery . West Virginia Conservation. 22(8):6—8. 9. Miles, Robert L. Stream and Lake surveys, survey of streams . West Virginia Department of Natural Resources, D-J Report, Project F-10-R-9, Job 1-1, 31 pp. 1968. 10. Monongahela Power Company, The Potomac Edison Company, and West Penn Power Company. Application for License for the Davis Power Project on Blackwater River near the Town of Davis, Tucker County, West Virginia, and Supplements . June 1, 1970. 11. Mosby, H. S. and C. 0. Handly. The wild turkey in Virginia; its status, life history, and management . Va. Comm, of Game and Inland Fisheries, Richmond. 19^3. 12 . o >-» S. R. , II. 1970. 68-69; 127-128. Woodcock alley . Sports Afield. 13. Wendell G. Beaver ecology and management in West Virginia. — • -°ns. Comm. Bull. 1, 65 pp. 19^-9. x West Virginia. Statewide comprehensive outdoor recreatior G °v. Office of Fed./State Rel. 188 pp. 1970. 15. f West Virginia, Department of Natural Resources. Cover July 255 1 9T2, April 16, 1973, revised 1976. Canaan Valley. l6. Ctcmvaite, C. of climate . January, pp. W. 19^8. An approach toward a rational clflss ifnVflf- Geographical Review. The Am. Geo. Soc. of New York 55_9ii # c 17. Trippensee, Reuben E. Wildlife management . xMcGraw-Hill Book Co Inc., Vol. 1. i+79 pp. 19U8. 18. U. ^ • Department of Agriculture. Soil survey of Tucker Con n+.v /■Gml.U-l. r g in ia- U. S. Government Printing Office. 78 pp . 19^7 19. -.* 1969. The aesthetic impor tance of wildlife to antn campers in t he Superior National Forest . Trans. 26th N.E. Vildliie Conf. , White Sulphur Springs, W. Va. , pp. 1-9. 20. U. -• Department of Commerce. Climates of the States . Volume 1 Eastern States (NOAA). Water Information Center, Inc. 1*80 pn. 21 . U. S. Department of Commerce, Bureau of the Census. General population characteristics : West Virginia. 1970. ~ 22 . U. S..Department of Commerce, Bureau of the Census. General Social an d Economic Characteristics : West Virginia"! 1970 23. 0. 0 • Fi. s h and Wildlife Service. National survey of fis hing- and huntdn£. Circular 120, U. S. Government Printing Office '' Washington, D. C., 73 pp. i960. * ’ 2b. (J. S..Department of Housing and Urban Development, Federal Insura^r* Administration - National Flood Insurance Program, Federal Register, October 26, 1976. 25. U. o • department of the Interior, Fish and Wildlife Service. Enda. t gered a nd threatened wildlife and plants. Part I V. Federal Register.October 27, 1976. “* 2 6 . U. 3. Department of the Interior, U. S. Fish and Wildlife Service, Final Environmental Statement, Operation of the National Wildlife Refuge System. November 1976. 27. T J. S. Federal Power Commission. Final Environmental Impact Statement, Davis Pumped Storage Porject No. 2709 - West Virginia . February 197*+. 28. U. S. Federal Power Commission. Opinion No. 79*+ - Opinion and Order Granting License for Davis Power Project No. 2709. April 1977. 29. Zurbuch, Peter E. 1962. A census of five major West Virginia trout streams. Progressive Fish Culturist. 2 * 4 ( 1 ) : 31-37 .