Statement Concerning Proposed Transfer of Management Authority Over the National Bison Range and Affiliated Refuges to the Confederated Salish and Kootenai Tribes

June 10 , 2003

The mission of the National Wildlife Refuge Association (NWRA) is to protect, enhance, and expand the National Wildlife Refuge System (NWRS)—lands and waters set aside by the American people to conserve our diverse wildlife heritage. The mission of the NWRS is to administer a national network of lands and waters for the conservation, management, and, where appropriate, restoration of the fish, wildlife, and plant resources, and their habitats, within the United States for the benefit of present and future generations of Americans.

It is the position of the NWRA that all National Wildlife Refuges be subjectto consistent management guidelines and operated in full conformance with existing law. A February 27, 1976 amendment to the National Wildlife Refuge Administration Act of 1966, commonly called the Game Range Act, established that all units of the NWRS shall be administered by the Secretary through the United States Fish and Wildlife Service (FWS), and cannot be transferred or disposed of unless otherwise directed by Acts of Congress.

"Administration," by definition, means control of management functions. Therefore, it is our view that administration of the Bison Range and the Refuge System generally is an inherently federal responsibility, a responsibility that can only be modified by an Act of Congress.

A similar request in connection with Yukon Flats NWR, AK, was rejected on July 15th, 2002, where the USFWS Regional Director stated that "we do not believe that the statutory purposes of the Yukon Flats NWR and the mission of the National Wildlife Refuge System would be best served through an annual funding agreement under the ISDEAA (Indian Self Determination Act)." The opinion was subsequently upheld by the Director of the FWS.

In accordance with the above, the NWRA is of the strong belief that an agreement designed to transfer management authority over a refuge to a non-FWS entity, in this case to the Confederated Salish and Kootenai Tribes, is contrary to existing law and precedence.

Further, the NWRA also believes that any management involvement by non-FWS entities must be established within the context of existing planning frameworks consistent with those applied to all 540 refuges that constitute the 95 million acre NWRS.

Therefore, any proposed management agreement on the National Bison Range, or any other National Wildlife Refuge, must be developed within the context of a Comprehensive Conservation Plan (CCP). This planning process is mandated by the National Wildlife Refuge Improvement Act of 1997. Adherence to this process will ensure that any proposed agreement is legally appropriate, includes substantial public involvement, and that the concerns of all local, regional and national interests are fully considered, evaluated and addressed.