102d CONGRESS
1st Session
H. R. 794
AMENDMENTS
HR 794 EAS
In the Senate of the United States,
November 23 (legislative day, November 20), 1991.
Resolved, That the bill from the House of Representatives (H.R. 794)
entitled `An Act to establish the Silvio O. Conte National Fish and
Wildlife Refuge along the Connecticut River, and for other purposes',
do pass with the following
AMENDMENTS:
( 1 ) Page 1, strike out all after line 2, over to and including line 26
on page 16 and insert:

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This title may be cited as the `Silvio O. Conte National Fish and Wildlife
Refuge Act'.

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TITLE I

-SILVIO O. CONTE NATIONAL FISH AND WILDLIFE REFUGE ACT

The Congress finds and declares the following:
(1) The late Silvio Conte was a long-time champion of the preservation of
natural resources, including the Connecticut River, shepherding through
Congress legislation meant to restore the river and its wildlife to health.
(2) The Connecticut River and its riparian lands are unique environmental
resources which provide habitat for significant anadromous, migratory,
and resident fish; migratory waterfowl; and other wildlife species,
including such threatened or endangered species as the shortnosed sturgeon
and bald eagle.
(3) Federal, State, and local governments have spent over $600,000,000
to clean up the Connecticut River and improve the quality of its fish and
wildlife habitat, resulting in the reestablishment or improvement of the
populations of many species such as the Atlantic salmon, American shad,
bald eagle, and peregrine falcon.
(4) The Connecticut River valley is home to over two million people,
and accordingly the river and riparian lands are of great value for
environmental education and natural resource based recreation.
(5) The Connecticut River valley is threatened with spoilation, removal
from public access, and ecological downgrading and is a significant source
of energy and means of commerce for New England.
(6) Despoiling the Connecticut River and its riparian lands will result in
the permanent loss of unique social, educational, and environmental assets
and will devalue the significant Federal, State and local investments made
to clean up the river.

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For the purposes of this Act--
(1) the term `affected States' means the Commonwealth of Massachusetts,
and the States of Vermont, New Hampshire, and Connecticut;
(2) the term `refuge' means the Silvio Conte National Fish and Wildlife
Refuge established under section 106 of this Act;
(3) the term `Secretary' means the Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife Service; and
(4) the term `selection area' means the lands and waters of the Connecticut
River basin, including the main stem of the river and its tributaries from
its source at Fourth Connecticut Lake to Long Island Sound.

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The purposes for which the refuge is established are--
(1) to conserve, protect, and enhance the Connecticut River valley
populations of Atlantic salmon, American shad, river herring, shortnosed
sturgeon, bald eagles, peregrine falcons, osprey, black ducks, and other
native species of plants, fish, and wildlife;
(2) to conserve, protect, and enhance the natural diversity and abundance
of plant, fish, and wildlife species and the ecosystems upon which these
species depend within the refuge;
(3) to protect species listed as endangered or threatened, or identified
as candidates for listing, pursuant to the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.);
(4) to restore and maintain the chemical, physical, and biological integrity
of wetlands and other waters within the refuge;
(5) to fulfill the international treaty obligations of the United States
relating to fish and wildlife and wetlands; and
(6) to provide opportunities for scientific research, environmental
education, and fish and wildlife-oriented recreation and access to the
extent compatible with the other purposes stated in this section.

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Within three years after the date of the enactment of this Act, the
Secretary shall--
(1) consult with appropriate State and local officials, including those
representing State government natural heritage inventory agencies, the
Long Island Sound Management Conference as established under the National
Estuary Program, private conservation organizations, and other interested
parties in designating the refuge boundaries;
(2) define and designate the refuge boundaries, including all subunits,
within the selection area that would fulfill the purposes set forth in
section 104 of this Act; and
(3) prepare a detailed map depicting the refuge boundaries designated
under paragraph (2), which the Secretary shall keep on file and available
for public inspection at offices of the United States Fish and Wildlife
Service, and publish notice in the Federal Register of such availability.

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(a) ACQUISITION- To the extent authorized under the Fish and Wildlife Act
of 1956 (16 U.S.C. 742f-a-5), the Land and Water Conservation Fund Act of
1965, as amended (16 U.S.C. 460k-4-11), the Endangered Species Act of 1973,
as amended (16 U.S.C. 1531 et seq.), the Migratory Bird Conservation Act (16
U.S.C. 715-715s), the Emergency Wetlands Resources Act of 1986, as amended
(16 U.S.C. 3901 et seq.), the North American Wetlands Conservation Act
(16 U.S.C. 4401-4413), and other existing laws, the Secretary may acquire
for inclusion in the refuge by purchase or donation such lands and waters
or interests therein (including permanent conservation easements) within
the boundaries defined and designated under section 105 of this Act. All
lands, waters, and interests therein so acquired shall be part of the refuge.
(b) ESTABLISHMENT- When sufficient property within the boundaries defined and
designated under section 105 of this Act have been acquired to constitute
an area that can be effectively managed as a refuge, the Secretary shall
establish the refuge, to be named the `Silvio Conte National Fish and
Wildlife Refuge,' by publishing a notice to that effect in the Federal
Register and publications of local circulation.
(c) BOUNDARY REVISIONS- The Secretary may make such minor revisions in
the boundaries of the refuge defined and designated under section 105 of
this Act as may be appropriate to carry out the purposes of this Act or
to facilitate the acquisition of property within the refuge.
(d) INTERIM REPORT TO CONGRESS- Within one year of the date of enactment
of this Act, the Secretary shall submit to the Committee on Environment
and Public Works in the United States Senate and the Committee on Merchant
Marine and Fisheries in the United States House of Representatives a report
describing those lands and waters that the Secretary proposes to acquire
under the Fish and Wildlife Act of 1956 (16 U.S.C. 742f-a-5), the Land
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460k-4-11),
the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.),
the Migratory Bird Conservation Act (16 U.S.C. 715-715s), the Emergency
Wetlands Resources Act of 1986, as amended (16 U.S.C. 3901 et seq.),
the North American Wetlands Conservation Act (16 U.S.C. 4401-4413), and
other existing laws for inclusion in the refuge at a subsequent time. The
Secretary also shall include in the report an estimate of the total number
of acres of lands or waters or interests therein that may be acquired for
inclusion within the refuge boundaries under the authority of this Act
and other existing laws and the approximate cost of such acquisition.

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(a) IN GENERAL- The Secretary shall administer all lands, waters, and
interests therein acquired under section 106 pursuant to--
(1) the provisions of the National Wildlife Refuge System Administration
Act of 1966 (U.S.C. 668dd-668ee) and the Refuge Recreation Act (16
U.S.C. 460k-460k-4); and
(2) the purposes for which the refuge is established, as set forth in
section 104 of this Act.
(b) OUTREACH AND EDUCATION- The Secretary shall work with, provide technical
assistance to, provide community outreach and education programs for
or with, or enter into cooperative agreements with private landowners,
State and local governments or agencies, and conservation organizations
to further the purposes for which the refuge is established, as set forth
in section 104 of this Act.
(c) USE OF OTHER AUTHORITY- The Secretary may utilize such other statutory
authority as may be available to the Secretary for the conservation and
development of wildlife and natural resources, the development of outdoor
recreation opportunities, and interpretive education, as the Secretary
considers appropriate to carry out the purposes of the refuge as set forth
in section 104 of this Act.

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(a) ESTABLISHMENT AND FUNCTIONS- Within three months after the date of
enactment of this Act, the Secretary shall establish a committee to be known
as the `Silvio Conte National Fish and Wildlife Refuge Advisory Committee'
(hereinafter referred to as the `Advisory Committee') which shall assist
the Secretary on community outreach and education programs that further
the purposes of the refuge.
(b) MEMBERSHIP; TERMS- The Advisory Committee shall be composed of fifteen
members, each appointed by the Secretary within three months of the date
of enactment of this Act for a term not to exceed three years, as follows:
(1) four members, including one from each of the affected States, to be
recommended by the Governor of each State as representing the cities or
towns bordering the Connecticut River and its tributaries;
(2) four members, including one from each of the affected States, to be
recommended by the Governor of each State as representing State agencies
with responsibility for conservation or water quality programs;
(3) four members, including one from each of the affected States to be
appointed from recommendations made by the Governor of that affected State,
who shall represent nonprofit conservation organizations or citizen groups
with direct interest in the purposes of the refuge;
(4) one member of the Long Island Sound Management Conference; and
(5) two members to be designated by the Secretary, including one
who represents the energy and commerce interests associated with the
Connecticut River.
(c) CHAIRMAN- The Advisory Committee shall elect one member of the Advisory
Committee to be its chairman.
(d) VACANCIES- Any vacancy in the Advisory Committee shall be filled in
the same manner in which the original appointment was made.
(e) COMPENSATION- A member of the Advisory Committee shall not receive
any compensation for service on the committee.
(f) MAJORITY VOTE- The Advisory Committee shall act by affirmative vote
of a majority of the members thereof.

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(a) IN GENERAL- The Secretary is authorized to construct, administer,
and maintain at appropriate sites within the refuge, or pursuant to
subsection (b) cooperate in the construction, operation and maintenance
at an appropriate site, not more than four aquatic resources and wildlife
interpretation and education centers, known as Silvio Conte National Fish
and Wildlife Refuge Education Centers, along with administrative facilities,
to provide opportunities for the study, understanding, and enjoyment of
aquatic resources and wildlife in its natural habitats.
(b) COOPERATIVE AGREEMENTS- The Secretary is authorized--
(1) to enter agreements to share the construction and operation of and the
land acquisition for the center, including the costs thereof, with State
and local governments and other public and private entities;
(2) to utilize appropriated or donated funds for construction, operation and
maintenance expenses: Provided, That Federal interests arising from such
expenditures are protected by a long-term lease, agreement, or transfer
of property interest; and
(3) to interpret the Connecticut River's aquatic and wildlife resources
in the context of the region's cultural, geological, and ecological history.

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There is authorized to be appropriated to the Secretary such sums as may
be necessary to carry out the purposes of this Act.

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FUND.
(a) IN GENERAL- In recognition of Silvio O. Conte's longstanding contribution
and devotion to the conservation of our Nation's natural resources, and
his life-long commitment to education, the Director of the United States
Fish and Wildlife Service, hereinafter referred to as the Director, is
authorized to enter into an agreement with the National Fish and Wildlife
Foundation, hereinafter referred to as the Foundation, and the University
of Massachusetts/Amherst, hereinafter referred to as the University, to
establish the Silvio O. Conte Memorial Scholarship Fund. The purpose of
the agreement is to encourage students to enter the fields of fisheries
and wildlife ecology and conservation, natural resources policy and
administration, or ecology by establishing a scholarship fund at the
University.
(b) TERMS OF AGREEMENT- Notwithstanding the provisions of the Federal
Grant and Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
agreement authorized under subsection (a) of this section shall direct
that the University shall--
(1) establish the Silvio O. Conte Memorial Scholarship Fund for the
purpose of awarding scholarships for a period not exceeding three years
to eligible candidates in advanced degree programs in the fields of
fisheries and wildlife ecology and conservation, natural resources policy
and administration, or ecology;
(2) invest funds provided by the Director, the Foundation and any other
contributors in interest-bearing accounts;
(3) award scholarships annually utilizing the interest generated from such
investment accounts minus the amount equal to inflation;
(4) match the scholarship awards with in-kind contributions of equal value,
such as waivers of tuition or fees or the provision of other financial aid;
(5) establish eligibility criteria based upon financial needs, academic
achievement, and potential contribution of the profession;
(6) announce the availability of the scholarship in a manner which ensures
that it is widely distributed and that minority and socially-disadvantaged
candidates are made aware of the opportunity;
(7) upon request by the Director, make available the investment accounts
for his inspection; and
(8) prepare and provide to the Director annually a report regarding the
expenditures from the investment accounts which shall include the number
of scholarships awarded, the amount of each scholarship, and the share of
each scholarship provided by the University.
(c) AUTHORIZATION- The Director is authorized to make a one-time contribution
of up to $50,000 to the University to establish the Silvio O. Conte Memorial
Scholarship Fund.
(d) TERMINATION OF AGREEMENT- At such time as the parties agree to
terminate the agreement authorized under subsection (a) of this section,
the principle and interest in the account shall be deposited in the
Migratory Bird Conservation Fund.

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TITLE II

-MISCELLANEOUS PROVISIONS

Title II of Public Law 100-610 is amended by adding at the end the following
new section:
`SEC. 208. WILDLIFE INTERPRETATION AND EDUCATION CENTER.
`(a) The Secretary is authorized to construct, administer, and maintain at an
appropriate site, a wildlife interpretation and education or visitor center.
`(b) The Secretary is authorized--
`(1) to enter agreements to share the construction and operation of and
the land acquisition for the center, including the costs thereof, with
State and local governments and other public and private entities;
`(2) to utilize appropriated or donated funds for construction, operation
and maintenance expenses, provided that Federal interests arising from such
expenditures are protected by a long-term lease, agreement, or transfer
of property interest; and
`(3) to interpret the Pettaquamscutt Cove region's aquatic and wildlife
resources in the context of the region's cultural, geological, and
ecological history.'.
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and insert: TITLE III
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and insert: 301
( 5 ) Page 17, after line 20, insert:

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(a) FEDERAL SHARE- Section 305(d)(1) of the Coastal Wetlands Planning,
Protection and Restoration Act (16 U.S.C. 3954(d)(1)) is amended by
striking `has established a trust fund, from which the principal is not
spent, for the purpose of acquiring coastal wetlands, other natural area
or open spaces.' and inserting in lieu thereof: `has established and is
using one of the following for the purpose of acquiring coastal wetlands,
other natural areas or open spaces:
`(A) a trust fund from which the principal is not spent; or
`(B) a fund derived from a dedicated recurring source of monies including,
but not limited to, real estate transfer fees or taxes, cigarette taxes,
tax check-offs, or motor vehicle license plate fees.'.
(b) EFFECTIVE DATE- This section shall apply to grants awarded in fiscal
year 1992 and each fiscal year thereafter.
( 6 ) Page 17, strike out all after line 20, over to and including line
2 on page 18
Attest:
Secretary.

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Silvio O. Conte National Fish and Wildlife Refuge Act

Other Sections

TITLE I

TITLE II

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