Page:United States Statutes at Large Volume 111 Part 2.djvu/177

 PUBLIC LAW 105-57—OCT. 9, 1997 111 STAT. 1257 "(iii) identify the effects of each use on refuge resources and purposes of each refuge; "(iv) require that compatibility determinations be made in writing; "(v) provide for the expedited consideration of uses that will likely have no detrimental effect on the fulfillment of the purposes of a refuge or the mission of the System; "(vi) provide for the elimination or modification of any use as expeditiously as practicable afler a determination is made that the use is not a compatible use; "(vii) require, after an opportunity for public comment, reevaluation of each existing use, other than those uses specified in clause (viii), if conditions under which the use is permitted change significantly or if there is significant new information regarding the effects of the use, but not less frequently than once every 10 years, to ensure that the use remains a compatible use, except that, in the case of any use authorized for a period longer than 10 years (such as an electric utility right-of-way), the reevaluation required by this clause shall examine compliance with the terms and conditions of the authorization, not examine the authorization itself; "(viii) require, after an opportunity for public comment, reevaluation of each compatible wildlife-dependent recreational use when conditions under which the use is permitted change significantly or if there is significant new information regarding the effects of the use, but not less frequently than in conjunction with each preparation or revision of a conservation plan under subsection (e) or at least every 15 years, whichever is earlier; and "(ix) provide an opportunity for public review and comment Public on each evaluation of a use, unless an opportunity for public information. review and comment on the evaluation of the use has already been provided during the development or revision of a conservation plan for the refuge under subsection (e) or has otherwise been provided during routine, periodic determinations of compatibility for wildlife-dependent recreational uses. "(4) The provisions of this Act relating to determinations of the compatibility of a use shall not apply to— "(A) overflights above a refuge; and "(B) activities authorized, funded, or conducted by a Federal agency (other than the United States Fish and Wildlife Service) which has primary jurisdiction over a refuge or a portion of a refuge, if the management of those activities is in accordance with a memorandum of understanding between the Secretary or the Director and the head of the Federal agency with primary jurisdiction over the refuge governing the use of the refuge.". SEC. 7. REFUGE CONSERVATION PLANNING PROGRAM. (a) IN GENERAL.—Section 4 (16 U.S.C. 668dd) is amended— (1) by redesignating subsections (e) through (i) as subsections (f) through (j), respectively; and (2) by inserting after subsection (d) the following new subsection: "(e)(1)(A) Except with respect to refuge lands in Alaska (which shall be governed by the refuge planning provisions of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.)), the Secretary shall—

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