within their territorial boundaries, including all lands and waters owned by the United States or in which the United States Government has an interest. [S. 1401, 91st Cong., first sess.] A BILL Relating to the authority of the States to control, regulate and manage fish and wildlife within their territorial boundaries Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, as used in this Act, the term (1) "fish and wildlife" means all wild vertebrates (including mollusks and crustacea); (2) "States" means the several States of the United States; (3) "land owned or controlled by the United States" means all lands owned or controlled by the United States, including structures, and trees, crops, or any flora or plants growing thereon; and (4) "department or agency of the United States" means any department, agency, entity, bureau, commission, official, or body created by an Act of Congress having charge over the management or control of lands owned or controlled by the United States. SEC. 2. Except to the extent otherwise specifically provided in this Act, the United States hereby cedes to the respective States all right, title, and interest of the United States, if any, to all fish and wildlife, including the regulation, control, and management thereof in or on any land or water within the territorial boundaries of such States, including lands owned or controlled by the United States. Subject to this Act, each State shall have the exclusive right and power to conserve, control, and manage fish and wildlife in or on lands and waters within the territorial boundaries of such State for public use and benefit in accordance with the applicable laws of such State. SEC. 3. Nothing in this Act shall be construed as affecting (1) the authority and responsibility of departments or agencies of the United States to conserve and develop, subject to the provisions of this Act, the natural resources, including fish and wildlife, on lands owned or controlled by the United States within the territorial boundaries of any State or as depriving the United States of the right to protect and preserve its lands from destruction or depredation by wildlife to the same extent and in the same manner permitted to any other owner of land by the laws of the State in which such land is located; (2) hunting and fishing rights of Indians and natives of Alaska granted or reserved by Federal treaty or statute; (3) any authority of the United States to control and regulate the taking of fish and wildlife under any international treaty or convention to which the United States is a party, but only with respect to those species of fish and wildlife expressly named therein; (4) any authority of the United States in and over areas over which the States have ceded exclusive jurisdiction to the United States; and (5) any authority of the United States over any species of fish and wildlife ceded or granted to it by any State. COMPTROLLER GENERAL OF THE UNITED STATES, Washington, D.C., March 17, 1969. B-163535. Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, DEAR MR. CHAIRMAN: By letter of March 4, 1969, you requested our comments on S. 1232, 91st Congress, entitled: "A BILL To declare and determine the policy of the Congress with respect to the primary authority of the several States to control, regulate, and manage fish and wildlife within their territorial boundaries; to confirm to the several States such primary authority and responsibility with respect to the management, regulation, and control of fish and wildlife on lands owned by the United States; and to specify the exceptions applicable thereto; and to provide procedure under which Federal agencies may otherwise regulate the taking of fish and game on such lands." We have no special information as to the desirability of this measure and, therefore, make no comments regarding its merits. Sincerely yours, B. F. KELLER, Acting Comptroller General of the United States. U.S. DEPARTMENT OF THE INTERIOR, Hon. EDWARD A. GARMATZ, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: This responds to your request for the views of this Department on S. 1232, a bill "To declare and determine the policy of the Congress with respect to the primary authority of the several States to control, regulate, and manage fish and wildlife within their territorial boundaries: to confirm to the several States such primary authority and responsibility with respect to the management, regulation, and control of fish and wildlife on lands owned by the United States; and to specify the exceptions applicable thereto; and to provide procedure under which Federal agencies may otherwise regulate the taking of fish and game on such lands.” This report covers a similar bill, S. 1401. Under either of these bills exclusive control, regulation, and management of fish and wildlife would be vested in the several States. Such control would extend over lands and waters owned by the United States or in which the United States has an interest. Each bill provides for five specific exceptions. This Department is currently negotiating with the International Association of Game, Fish and Conservation Commissioners in an attempt to arrive at a solution to this issue which will be acceptable to all parties concerned. It is our feeling that if an acceptable arrangement can be worked out between the parties such a solution would be preferable to legislation. In addition, the bills present certain legal questions concerning which we defer to the views of the Department of Justice. For these reasons, we recommend that neither of these bills be enacted. The Bureau of the Budget has advised that there is no objection to the presentation of this report from the standpoint of the administration's program. Sincerely yours, RUSSELL E. TRAIN. Under Secretary of the Interior. DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY, Washington, D.C., October 11, 1969. Hon. WARREN G. MAGNUSON, Chairman, Committee on Commerce, DEAR MR. CHAIRMAN: In response to your requests of March 4 and March 12, 1969, respectively, here is the Department's report on S. 1232, a bill “To declare and determine the policy of the Congress with respect to the primary authority of the several States to control, regulate, and manage fish and wildlife within their territorial boundaries; to confirm to the several States such primary authority and responsibility with respect to the management, regulation, and control of fish and wildlife on lands owned by the United States; and to specify the exceptions applicable thereto; and to provide procedure under which Federal agencies may otherwise regulate the taking of fish and game on such lands," and S. 1401, a bill "Relating to the authority of the States to control, regulate, and manage fish and wildlife within their territorial boundaries." For the reasons set forth in the attached analysis and statement of position on the bills, we believe there is no need for legislation on this matter insofar as this Department is concerned and therefore recommend that the bills not be enacted. If, however, it is considered desirable for legislative action to be taken, we would have no objection to legislation that would clarify the issue as to the State's authority to issue licenses, adjust seasons, set bag limits, and enforce game laws. But when the question of management arises, wildlife and fish management in the accepted sense of the word, is much broader than these activities. We would be concerned that such legislation not be construed as delegating the management of National Forest System lands to the States. There would need to be a rather precise definition of terms so that duties and responsibilities would be well described and understood. The Bureau of the Budget advises that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely, Attachment. CLIFFORD M. HARDIN, ANALYSIS AND USDA POSITION ON S. 1232 AND S. 1401 S. 1232 Under the provisions of S. 1232, the Congress would recognize: (1) the necessity and importance of State fish and wildlife conservation programs; (2) that the several States have authority to control, regulate, and manage fish and wildlife independent of jurisdiction over and ownership of land, and that it is the primary duty of the States to conserve and protect these fish and wildlife resources; (3) that State revenues from the sale of hunting and fishing licenses will be considerably diminished and State conservation programs seriously impaired thereby unless the States have unquestioned right and power to manage, control, and regulate fish and wildlife within their respective boundaries; (4) that in the past Congress vested certain Federal Departments or agencies with responsibilities to conserve and develop natural resources including fish and wildlife on certain federally owned lands, but that such responsibilities should be exercised in recognition of the State's authority with respect to fish and wildlife; and (5) that it is in the best interest of the Nation that the States have the sole, exclusive, and undisputed legal right to manage, regulate, and control fish and wildlife within the boundaries of the respective States notwithstanding the ownership or control of the lands by the Government of the United States. Based on this recognition, it would be declared and determined that authority to control, regulate, and manage all fish and wildlife in or on land or water within the territorial boundaries of the respective States would be in the public interest. The bill would recognize, confirm, establish, assign, grant, and transfer to the respective States the exclusive right and power to conserve, control, and manage fish and wildlife for public use and benefit in accordance with applicable State law, subject to certain other provisions of the bill. The bill would not be construed as affecting the responsibilities of Federal Departments and agencies to conserve and develop the natural resources, including fish and wildlife, on lands owned or controlled by the United States within any State, subject to the provisions of the bill. Further, the bill is not to be construed as depriving the United States of the right to protect its lands from wildlife damage the same as any landowner under the laws of the State in which such land is located. Excepted from the provisions of S. 1232 would be: (1) the right of the Congress to control and regulate the taking of fish and wildlife under and specifically named in any international treaty or convention to which the United States is a party; (2) rights of Indians or Alaskan natives; (3) all rights and powers of the United States in and on areas over which the States have ceded exclusive jurisdiction; and (4) all rights and powers over any species of fish and wildlife ceded or granted to the United States by any State. This bill provides that no Department or agency shall promulgate or enforce any rule or regulation with respect to the taking of fish and wildlife within a State unless such rule or regulation is in compliance with and under authority of the laws and regulations of the State. S. 1401 Under the provisions of S. 1401, the United States would cede to the respective States all right, title, and interest of the United States to all fish and wildlife. It would include the regulation, control, and management on land or water within the territorial boundaries of such States and it would include lands owned or 32-780-69- -2 controlled by the United States. Each State would have the exclusive right and power to conserve, control, and manage fish and wildlife in or on lands and waters within the territorial boundaries of such State for public use and benefit in accordance with applicable State laws. Nothing in the bill would affect the authority and responsibility of Departments or agencies of the United States to conserve and develop, subject to the provisions of the bill, the natural resources, including fish and wildlife, on lands owned or controlled by the United States within the territorial boundaries of any State nor would it deprive the United States of the right to protect and preserve its lands from destruction or depredation by wildlife. The bill would not affect hunting and fishing rights of Indians and natives of Alaska granted or reserved by Federal treaty or statute or any authority of the United States to control and regulate the taking of fish and wildlife under any international treaty or convention to which the United States is a party. Also it would not affect the authority of the United States in and over areas which the States have ceded exclusive jurisdiction to the United States and any authority of the United States over any species of fish and wildlife ceded or granted to it by any State. As they concern the Department of Agriculture, these bills would affect primarily the administration of the National Forests and National Grasslands. The Department has the authority and the responsibility to administer such lands for wildlife and fish habitat as well as for other purposes. This is recognized in the Multiple Use Act of June 12, 1960 (16 U.S.C. 528–531), which provides that, "It is the policy of the Congress that the national forests are established and shall be administered for . wildlife and fish purposes." At the same time, that Act said specifically that, "Nothing herein shall be construed as affecting the jurisdiction or responsibilities of the several States with respect to wildlife and fish on the national forests." Wildlife and their habitat are closely related resources. Wildlife are totally dependent on their habitat. Where the habitat is federally owned, as on National Forest System lands, close cooperation between the land administering agencies and the States is necessary to assure that wildlife population and habitat are kept in proper balance. The public interest lies in the administration of the National Forests and other public lands for the protection and enhancement of all the resource values of those lands-including fish and wildlife. The policy and practice of the Department of Agriculture always has been to cooperate to the fullest with State fish and wildlife conservation agencies in the protection and management of wildlife and fish in or on the National Forests and other lands and where administered by the Department. Secretary's Regulation W-2, concurred in by the International Association of Game, Fish and Conservation Commissioners in 1941, provides that: "The Chief of the Forest Service, through the regional foresters and forest supervisors, shall determine the extent to which national forests or portions thereof may be devoted to wildlife production in combination with other uses and services of the national forests, and, in cooperation with the Fish and Game Department or other constituted authority of the State concerned he will formulate plans for securing and maintaining desirable population of wildlife species, and he may enter into such general or specific cooperative agreements with appropriate State officials as are necessary and desirable for such purposes. Officials of the Forest Service will cooperate with State game officials in the planned and orderly removal in accordance with the requirements of State laws of the crop of game, fish, furbearers, and other wildlife on national forest lands." In accordance with this regulation, the Forest Service has cooperative arrangements with the appropriate State agencies in all of the States in which major units of National Forest System lands are located. The general substance of these arrangements is to recognize the responsibility of the States to regulate and control the wildlife and fish. For example, the Department does not act to establish hunting and fishing seasons or fix bag or creel limits for the taking of game and fish and the National Forest System. The States fix the seasons and the bag and creel limits. The Forest Service develops and manages the habitat. Some States, under formal cooperative agreements, participate in such habitat development. The success of this approach to wildlife management on National Forests System lands is evident by the fact that the public now enjoys on such lands greater fish and wildlife populations, greater fishermen and hunter success and a generally healthier condition of this resource than ever before. The States are anxious to expand the wildlife programs on the National Forests and are asking for our participation and assistance. This cooperation has resulted in the attainment of goals and objectives that are otherwise impossible through the single efforts of either this Department or the State Conservation Departments. The success of the long-standing policy and practice of cooperation with the States in the conservation and management of the fish and wildlife resources of the National Forests and National Grasslands shows that insofar as the Department of Agriculture is concerned there are no issues that need to be resolved by enactment of legislation such as these bills. These resources can be perpetuated only with a very high degree of cooperation and coordination among the concerned agencies of government and the public. Progress made in the past demonstrates this beyond any doubt. The future high productivity of our fish and wildlife resources will depend to a great degree on this continued cooperation. DEPARTMENT OF STATE, Washington, D.C., October 13, 1969. Hon. WARREN G. MAGNUSON, DEAR MR. CHAIRMAN: The Secretary has asked me to reply to your letters of March 4, 1969 and March 12, 1969 requesting the Department's comments on S. 1232 a bill to declare and determine the policy of the Congress with respect to the primary authority of the several States to control, regulate, and manage fish and wildlife within their territorial boundaries; to confirm to the several States such primary authority and responsibility with respect to the management, regulation, and control of fish and wildlife on lands owned by the United States; and to specify the exceptions applicable thereto; and to provide procedure under which Federal agencies may otherwise regulate the taking of fish and game on such lands, and on S. 1401 a bill relating to the authority of the States to control, regulate, and manage fish and wildlife within their territorial boundaries. The management, regulation, and control of various species of fish and wildlife is governed by the terms of a number of international treaties or conventions to which the United States is a party. Section 4(a) of S. 1232 and Section 3(3) of S. 1401 would provide exceptions from the general provisions for the responsibility of the several states, with respect to treaties or conventions to which the United States is a party. Such an exception is desirable because of the obligations the United States has undertaken in connection with these treaties on fish and wildlife. The Department does not favor the enactment of S. 1232 and S. 1401 because the management, regulation, and control of fish and wildlife is a complex matter, often involving or affected by activities of several states or of several nations. In these circumstances the most effective management, regulation, and control of fish and wildlife can be accomplished only by a government which can impose uniform regulations or can constructively vary such regulations when necessary from the overall standpoint of management circumstances. The Department defers to the views of the Department of the Interior and other Departments and Agencies on this subject where such species of fish and wildlife are found wholly within the land areas of the United States, since such matters are the responsibility of those Departments and Agencies. However, this Department has a direct concern with such management activities where such species of fish or wildlife move across international borders, or migrate in the oceans into or out of the territorial sea and contiguous fisheries zone of the United States. The Department believes that the Federal Government must maintain the necessary jurisdiction to effectuate the most efficient management of such fish and wildlife resources in such circumstances as it appears necessary to institute management programs on a broader scale than those which could be instituted by the individual states. Under the terms of the proposed legislation, the Federal Government would be forced to conclude a treaty or convention for this purpose. Such action could result in delays which might be fatal to attaining objectives sought. The Department also notes that the fishery resources of the United States contiguous fisheries zone are presently and, in our view, should remain, within the exclusive jurisdiction of the United States. The Department can see no useful purpose in enacting the proposed legislation and considers that the protection of our fish and wildlife resources would be best |