[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1442 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1442

To amend the Public Lands Corps Act of 1993 to expand the authorization 
   of the Secretaries of Agriculture, Commerce, and the Interior to 
  provide service-learning opportunities on public lands, establish a 
grant program for Indian Youth Service Corps, help restore the Nation's 
 natural, cultural, historic, archaeological, recreational, and scenic 
     resources, train a new generation of public land managers and 
         enthusiasts, and promote the value of public service.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2009

  Mr. Bingaman (for himself, Ms. Snowe, and Mr. Udall of New Mexico) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Public Lands Corps Act of 1993 to expand the authorization 
   of the Secretaries of Agriculture, Commerce, and the Interior to 
  provide service-learning opportunities on public lands, establish a 
grant program for Indian Youth Service Corps, help restore the Nation's 
 natural, cultural, historic, archaeological, recreational, and scenic 
     resources, train a new generation of public land managers and 
         enthusiasts, and promote the value of public service.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Lands Service Corps Act of 
2009''.

SEC. 2. AMENDMENT TO SHORT TITLE.

    (a) Amendment.--Section 201 of the Public Lands Corps Act of 1993 
(16 U.S.C. 1701 note; 107 Stat. 848) is amended to read as follows:

``SEC. 201. SHORT TITLE.

    ``This title may be cited as the `Public Lands Service Corps Act of 
1993'.''.
    (b) References.--Any reference contained in any law, regulation, 
document, paper, or other record of the United States to the ``Public 
Lands Corps Act of 1993'' shall be considered to be a reference to the 
``Public Lands Service Corps Act of 1993''.

SEC. 3. REFERENCE.

    A reference in this Act to ``the Act'' is a reference to the Public 
Lands Service Corps Act of 1993 (16 U.S.C. 1721 et seq.; title II of 
Public Law 91-378).

SEC. 4. AMENDMENTS TO THE PUBLIC LANDS SERVICE CORPS ACT OF 1993.

    (a) Name and Project Description Changes.--The Act is amended--
            (1) by striking ``Public Lands Corps'' each place it 
        appears and inserting ``Public Lands Service Corps'';
            (2) by striking ``conservation center'' each place it 
        appears and inserting ``residential conservation center''; and
            (3) by striking ``appropriate conservation projects'' each 
        place it appears and inserting ``appropriate natural and 
        cultural resources conservation projects''.
    (b) Purpose.--Section 202(b) of the Act is amended as follows:
            (1) In paragraph (3), by striking ``natural and cultural 
        resources'' and inserting ``natural, cultural, historic, 
        archaeological, recreational, and scenic resources''.
            (2) In paragraph (4), by striking ``and'' at the end.
            (3) By amending paragraph (5) to read as follows:
            ``(5) instill in a new generation of young men and women 
        from across the nation, including those from diverse 
        backgrounds, the desire to seek careers in natural and cultural 
        resource stewardship and public service by allowing them to 
        work directly with conservation professionals in land 
        management agencies;''.
            (4) By adding after paragraph (5) the following:
            ``(6) promote public understanding and appreciation of the 
        mission and work of the Federal land, coastal, and ocean 
        management agencies; and
            ``(7) create a grant program for Indian tribes to establish 
        Indian Youth Corps so that Indian youth can benefit from Corps 
        programs based on Indian lands, carrying out projects that 
        their tribes and communities determine to be priorities.''.
    (c) Definitions.--Section 203 of the Act is amended as follows:
            (1) By amending paragraph (1) to read as follows:
            ``(1) Appropriate natural and cultural resources 
        conservation project.--The term `appropriate natural and 
        cultural conservation project' means any project for the 
        conservation, restoration, construction, or rehabilitation of 
        natural, cultural, historic, archaeological, recreational, or 
        scenic resources.''.
            (2) By amending paragraph (9) to read as follows:
            ``(9) Public lands.--The term `public lands' means any 
        lands or waters (or interest therein) owned or administered by 
        the United States, including those areas of coastal and ocean 
        waters, the Great Lakes and their connecting waters, and 
        submerged lands over which the United States exercises 
        jurisdiction, except that such term does not include any Indian 
        lands.''.
            (3) In paragraph (10)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``by a tribally authorized organization,'' 
                before ``or by a nonprofit organization'';
                    (B) in subparagraph (A)--
                            (i) by striking ``full-time,''; and
                            (ii) by inserting ``on Indian lands'' after 
                        ``resource setting'';
                    (C) in subparagraph (B), by striking ``and'' at the 
                end;
                    (D) in subparagraph (C), by striking the period and 
                inserting ``; and''; and
                    (E) by adding at the end the following:
                    ``(D) makes available for audit for each fiscal 
                year for which the qualified youth or conservation 
                corps receives Federal funds under this Act, all 
                information pertaining to the expenditure of the funds, 
                any matching funds, and participant demographics.''.
            (4) In paragraph (12)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) with respect to the National Marine Sanctuary 
                System, coral reefs, and other coastal, estuarine, and 
                marine habitats, and other lands and facilities 
                administered by the National Oceanic and Atmospheric 
                Administration, the Secretary of Commerce.''.
            (5) By adding at the end the following:
            ``(14) Residential conservation centers.--The term 
        `residential conservation centers' means the facilities 
        authorized under section 205.
            ``(15) Consulting intern.--The term `consulting intern' 
        means a consulting intern selected under section 205.
            ``(16) Indian youth.--The term `Indian youth' means an 
        Indian between the ages of 16 and 25.
            ``(17) Indian youth corps.--The term `Indian Youth Corps' 
        means a Corps established under section 207 that--
                    ``(A) enrolls a majority of Indian youth;
                    ``(B) engages in service projects based on Indian 
                lands; and
                    ``(C) is administered by--
                            ``(i) an Indian tribe;
                            ``(ii) a coalition or consortium of Indian 
                        tribes; or
                            ``(iii) a tribally authorized organization.
            ``(18) Tribally authorized organization.--The term 
        `tribally authorized organization' means a qualified youth or 
        conservation corps eligible for grants under section 207 that--
                    ``(A) is acting on behalf of an Indian tribe 
                pursuant to a tribal resolution that--
                            ``(i) describes the agreement between the 
                        Indian tribe and the organization under which 
                        the organization provides a service or operates 
                        a program for the benefit of the members of the 
                        Indian tribe;
                            ``(ii) is designed to ensure that the 
                        Indian tribe--
                                    ``(I) retains the authority to 
                                approve the actions of the organization 
                                on behalf of the Indian tribe; and
                                    ``(II) is the sole beneficiary of 
                                the service or program carried out by 
                                the organization for the Indian tribe; 
                                and
                            ``(iii) carries out Indian Youth Corps 
                        activities described in section 207(b) based on 
                        Indian lands, as determined by the Indian 
                        tribe, to serve the purposes of the Indian 
                        Youth Corps.''.
    (d) Public Lands Service Corps Program.--Section 204 of the Act is 
amended as follows:
            (1) By striking subsection (a) and inserting the following:
    ``(a) Establishment of Public Lands Service Corps.--
            ``(1) In general.--There is established in the Department 
        of the Interior, the Department of Agriculture, and the 
        Department of Commerce a Public Lands Service Corps. The 
        Secretary of the Interior shall establish a department-level 
        office to coordinate Public Lands Service Corps activities 
        within the Department of the Interior. The Secretary of 
        Agriculture shall establish within the Forest Service an office 
        to coordinate Public Lands Service Corps activities within that 
        agency. The Secretary of Commerce shall establish within the 
        National Oceanic and Atmospheric Administration an office to 
        coordinate Public Lands Service Corps activities within that 
        agency. The Secretary of each department shall designate a 
        Public Lands Service Corps coordinator for each agency within 
        that department that administers public land service corps 
        activities.
            ``(2) Establishment of indian youth service corps 
        liaison.--The Secretary of the Interior shall establish an 
        Indian Youth Service Corps liaison that will--
                    ``(A) provide outreach to Indian tribes about 
                contracting and grant opportunities for establishing 
                Corps programs on Indian lands; and
                    ``(B) coordinate with the Corporation for National 
                Service's Tribal Liaison to identify and establish 
                Corps opportunities on Indian lands.''.
            (2) In subsection (b), by inserting ``for a period of not 
        more than 2 years'' after ``who are enrolled''.
            (3) In subsection (c)--
                    (A) by striking ``priority'' each place it appears;
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) in paragraph (3) (as so redesignated), by 
                inserting ``or awarding competitive grants to Indian 
                tribes or tribally authorized organizations under 
                section 207'' after ``paragraph (1)''; and
                    (D) by inserting after paragraph (1) the following:
            ``(2) Recruitment.--The Secretary shall undertake, or 
        contract for, a program to attract eligible youth to the Corps 
        by publicizing Corps opportunities through high schools, 
        colleges, employment centers, and other appropriate 
        institutions.''.
            (4) By redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively.
            (5) By inserting after subsection (c) the following:
    ``(d) Training.--The Secretary shall establish a training program 
based at appropriate residential conservation centers or at other 
suitable regional Federal or other appropriate facilities or sites to 
provide training for Corps members. The Secretary shall--
            ``(1) ensure that the duration and comprehensiveness of the 
        training program shall be commensurate with the projects Corps 
        members are expected to undertake;
            ``(2) develop department-wide standards for the program 
        that include training in--
                    ``(A) resource stewardship;
                    ``(B) health and safety;
                    ``(C) ethics for those in public service;
                    ``(D) teamwork and leadership; and
                    ``(E) interpersonal communications;
            ``(3) direct the National Park Service, the Bureau of Land 
        Management, and the United States Fish and Wildlife Service in 
        the case of the Department of the Interior, the Forest Service 
        in the case of the Department of Agriculture, and the National 
        Oceanic and Atmospheric Administration in the case of the 
        Department of Commerce, to develop agency-specific training 
        guidelines to ensure that Corps members enrolled to undertake 
        projects for a specific agency are appropriately informed about 
        matters specific to that agency, including--
                    ``(A) the history and organization of the agency;
                    ``(B) the agency's core values; and
                    ``(C) any agency-specific standards for the 
                management of natural, cultural, historic, 
                archaeological, recreational, and scenic resources; and
            ``(4) take into account training already received by Corps 
        members enrolled from qualified youth or conservation corps.''.
            (6) In subsection (e) (as so redesignated)--
                    (A) in paragraph (1), by striking ``The Secretary 
                may utilize the Corps or any qualified youth or 
                conservation corps to carry out appropriate'' and 
                inserting ``The Secretary may use the Corps or any 
                qualified youth or conservation corps to carry out, 
                under appropriate supervision and training, appropriate 
                natural and cultural resource''; and
                    (B) by striking ``on public lands.'' inserting the 
                following: ``on eligible service lands. Such projects 
                may include, but are not limited to, the following:
            ``(A) Protection, restoration, or enhancement of ecosystem 
        components to promote species recovery, improve biological 
        diversity, enhance productivity and carbon sequestration, and 
        enhance adaptability and resilience of public lands and 
        resources in the face of climate change and other natural and 
        human disturbances.
            ``(B) Promoting the health of forest and public lands and 
        coastal and marine areas, including--
                    ``(i) protection and restoration of watersheds and 
                forest, riparian, estuarine, grassland, coral reef, 
                intertidal, or other habitat;
                    ``(ii) reduction of wildfire risk and mitigation of 
                damage from insects, disease, and disasters;
                    ``(iii) erosion control;
                    ``(iv) control or removal of invasive, noxious, or 
                nonnative species; and
                    ``(v) restoration of native species.
            ``(C) Collection of biological, archaeological, and other 
        scientific data, including monitoring of climatological 
        information, species populations and movement, habitat status, 
        and other factors.
            ``(D) Assisting in historical and cultural research, museum 
        curatorial work, oral history projects, documentary 
        photography, and activities that support the creation of public 
        works of art related to public lands.
            ``(E) Construction, repair, rehabilitation, and maintenance 
        of roads, trails, campgrounds, and other visitor facilities, 
        and employee housing, historic sites and structures, and 
        facilities that further the purposes of the Public Lands 
        Service Corps.''.
                    (C) By redesignating paragraphs (2) and (3) as 
                paragraph (4) and (5), respectively.
                    (D) By inserting after paragraph (1) the following:
            ``(2) Visitor services.--The Secretary may--
                    ``(A) enter into or amend an existing cooperative 
                agreement with a cooperating association, educational 
                institute, friends group, or similar nonprofit partner 
                organization for the purpose of providing training and 
                work experience to Corps members in areas including, 
                but not limited to, sales, office work, accounting, and 
                management provided that the work experience directly 
                relates to the protection and management of the public 
                lands; and
                    ``(B) allow Corps members to help provide 
                information and orientation services that promote 
                visitor safety and enjoyment of public lands, and 
                assist in the gathering of visitor use data.
            ``(3) Interpretation.--The Secretary may not assign Corps 
        members to provide interpretation or education services for the 
        public. However, under the direct and immediate supervision of 
        an agency employee, Corps members may--
                    ``(A) provide orientation and information services 
                to visitors;
                    ``(B) assist agency employees in the delivery of 
                interpretive or educational programs where audience 
                size, environmental conditions, safety, or other 
                factors make such assistance desirable;
                    ``(C) present programs that relate the personal 
                experience of the Corps member for the purpose of 
                promoting public awareness of the Corps, its role in 
                public land management agencies, and its availability 
                to potential participants; and
                    ``(D) create nonpersonal interpretive products, 
                such as website content, Junior Ranger program books, 
                printed handouts, and audiovisual programs.''.
                    (E) In paragraph (4) (as so redesignated), by 
                striking ``Appropriate conservation projects'' and 
                inserting ``Appropriate natural and cultural resources 
                conservation projects''.
            (7) In subsection (f) (as redesignated by paragraph (4)), 
        by striking ``those projects which'' and inserting ``priority 
        projects and other projects that''.
            (8) By adding at the end the following:
    ``(h) Other Participants.--The Secretary may allow volunteers from 
other programs administered by the Secretary to participate as 
volunteers in projects carried out under this section on such terms as 
the Secretary considers appropriate.''.
    (e) Residential Conservation Centers and Program Support.--Section 
205 of the Act is amended as follows:
            (1) In subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--Secretary may establish residential 
        conservation centers for--
                    ``(A) such housing, food service, medical care, 
                transportation, and other services as the Secretary 
                deems necessary for the Public Lands Service Corps; and
                    ``(B) the conduct of appropriate residential 
                conservation projects under this Act.'';
                    (B) in paragraph (4), by striking ``with a State'' 
                and inserting ``with another Federal''
                    (C) by striking paragraph (2); and
                    (D) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively.
            (2) In subsection (b)--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) The Secretary may make arrangements with other 
        Federal agencies, States, local governments, or private 
        organizations to provide temporary housing as needed and 
        available.
            ``(3) In project areas where Corps members can reasonably 
        be expected to reside at their own homes, the Secretary may 
        fund or provide transportation to and from project sites.''.
            (3) By redesignating subsection (d) as subsection (g).
            (4) By inserting after subsection (c) the following:
    ``(d) Facilities.--The Secretary may, as an appropriate natural and 
cultural resources conservation project, direct Corps participants to 
aid in the construction of residential conservation center facilities, 
including housing.
    ``(e) Green Buildings.--The Secretary may seek the assistance of 
the Secretary of Energy in identifying and using solar and other green 
building technologies and modular housing designs that may be adapted 
for residential conservation center facilities, including--
            ``(1) designs from the Department of Energy's Solar 
        Decathlon competition; and
            ``(2) logistical support, assistance and training from 
        Solar Decathlon participants.
    ``(f) Mentors.--The Secretary may recruit from programs, such as 
agency volunteer programs, and from veterans groups, military retirees, 
and active duty personnel, such adults as may be suitable and qualified 
to provide training, mentoring, and crew-leading services to Corps 
participants.''.
            (5) In subsection (g) (as so redesignated), by striking 
        ``that are appropriate'' and all that follows through the 
        period and inserting ``that the Secretary determines to be 
        necessary for the residential conservation center.''.
    (f) Resource Assistants and Consulting Interns.--Section 206 of the 
Act is amended as follows:
            (1) In subsection (a), by striking ``The Secretary is 
        authorized, to provide individual placements of resource'' and 
        inserting the following: ``The Secretary is authorized, to 
        provide individual placements of the following:
            ``(1) Resource''.
            (2) In subsection (a)(1) (as so designated), by striking 
        ``law, rule regulations'' and inserting ``laws, rules, or 
        regulations''.
            (3) By inserting after subsection (a)(1) (as so 
        designated), the following:
            ``(2) Consulting interns with any Federal land, coastal, or 
        ocean management agency under the jurisdiction of the Secretary 
        to carry out management analysis activities on behalf of the 
        agency. To be eligible for selection as a consulting intern, an 
        individual must be a current enrollee and have completed at 
        least one full year at a graduate or professional school that 
        has been accredited by an accrediting body that has been 
        recognized by the Secretary of Education. The Secretary may 
        select consulting interns without regard to the civil service 
        and classification laws, rules, or regulations of the United 
        States.''.
            (4) In subsection (b)--
                    (A) by striking ``Whenever'' and inserting ``(1) 
                Whenever''; and
                    (B) by adding at the end the following:
            ``(2) Whenever one or more nonprofit organizations can 
        provide, in the judgment of the Secretary, appropriate 
        recruitment and placement services to fulfill the requirements 
        of this section, the Secretary may implement this section 
        through such nonprofit organizations. Participating nonprofit 
        organizations shall contribute to the expenses of providing and 
        supporting the consulting interns through private sources of 
        funding, at a level equal to 10 percent of the total costs of 
        each participant in the consulting internship program who has 
        been recruited and placed through that nonprofit organization. 
        Any such participating nonprofit organization shall be 
        required, by the respective land, coastal, or ocean management 
        agency, to submit an annual report evaluating the scope, size, 
        and quality of the program, including the value of work 
        contributed by the consulting interns, to the mission of the 
        agency.''.
    (g) Technical Amendment.--The Act is amended by redesignating 
sections 207, 208, 209, 210, and 211 as sections 209, 210, 211, 212, 
and 213, respectively.
    (h) Indian Youth Service Corps.--The Act is amended by inserting 
after section 206 the following:

``SEC. 207. INDIAN YOUTH SERVICE CORPS.

    ``(a) Authorization of Competitive Grants.--The Secretary is 
authorized to enter into cooperative agreements with, or make 
competitive grants to, Indian tribes and tribally authorized 
organizations for the establishment and administration of Indian Youth 
Corps.
    ``(b) Application.--To be eligible to receive assistance under this 
section, an Indian tribe or tribally authorized organization shall 
submit to the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may require, 
including--
            ``(1) a description of the methods by which Indian youth 
        will be recruited for and retained in the Indian Youth Corps;
            ``(2) a description of the projects to be carried out by 
        the Indian Youth Corps;
            ``(3) a description of how the projects were identified by 
        the Indian tribe or community to be served; and
            ``(4) an explanation of the impact of, and the direct 
        community benefits provided by the proposed projects.''.
    (i) Guidance.--The Act is amended by inserting after section 207 
the following:

``SEC. 208. GUIDANCE.

    ``Not later than 18 months after funds are made available for this 
purpose, the Secretaries shall issue guidelines for the management of 
the Public Lands Service Corps programs for use by regional and State 
directors, and the supervisors of individual parks, forests, districts, 
sanctuaries, reserves, and refuges.''.
    (j) Living Allowances and Terms of Service.--Section 209 of the Act 
(as redesignated by subsection (g)) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``or the Indian Youth Corps'' 
                before ``and each resource assistant''; and
                    (B) by adding at the end the following: ``The 
                Secretary may--
            ``(1) apply a cost-of-living differential to such 
        allowances; and
            ``(2) reimburse Corps members for travel costs at the 
        beginning and end of their term of service if the Secretary 
        deems appropriate.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Terms of Service.--Each participant in the Public Lands 
Service Corps or the Indian Youth Service Corps and each resource 
assistant shall agree to participate in the respective Corps or serve 
as a resource assistant, as applicable, for such term of service as may 
be established by the Secretary enrolling or selecting the individual. 
With respect to the Indian Youth Service Corps, the term of service 
shall be established in consultation with the affected Indian tribe or 
tribally authorized organization.''; and
            (3) in subsection (c)--
                    (A) in the subsection heading, by inserting 
                ``Preference and Future Employment'' after ``Hiring'';
                    (B) in paragraph (1), by striking ``and'' at the 
                end;
                    (C) by amending paragraph (2) to read as follows:
            ``(2) provide to a former member of the Public Lands 
        Service Corps or the Indian Youth Service Corps noncompetitive 
        hiring status for a period of not more than 2 years after the 
        date on which the member's service with the respective Corps is 
        complete, if the candidate--
                    ``(A) has served a minimum of 960 hours on an 
                appropriate natural or cultural resource conservation 
                project that included at least 120 hours through the 
                Public Lands Service Corps or the Indian Youth Service 
                Corps; and
                    ``(B) meets Office of Personnel Management 
                qualification standards for the position to which the 
                candidate is applying;''; and
                    (D) by adding at the end the following:
            ``(3) provide to an individual who has successfully 
        fulfilled the consulting internship program noncompetitive 
        hiring status for a period of not more than 2 years after the 
        date on which the individual has completed a graduate degree 
        from an accredited institution; and
            ``(4) provide, or enter into contracts or cooperative 
        agreements with qualified employment agencies to provide, 
        alumni services such as job and education counseling, 
        referrals, verification of service, communications, and other 
        appropriate services to members who have completed their Public 
        Lands Service Corps or Indian Youth Service Corps term of 
        service.''.
    (k) National Service Educational Awards.--Section 210 of the Act 
(as redesignated by subsection (g)) is amended--
            (1) in subsection (a), by inserting ``or the Indian Youth 
        Service Corps'' before ``or a resource assistant''; and
            (2) in subsection (b), by inserting ``respective'' before 
        ``Corps''.
    (l) Nondisplacement.--Section 211 of the Act (as redesignated by 
subsection (g)) is amended by inserting ``or the Indian Youth Service 
Corps'' before ``, to all activities''.
    (m) Funding.--Section 212 of the Act (as redesignated by subsection 
(g)) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by adding at the end the 
                following: ``The Secretary may reduce the non-Federal 
                costs of a project to not less than 10 percent if the 
                Secretary determines that the reduction is necessary to 
                enable participation from a greater range of 
                organizations.''; and
                    (B) in paragraph (2)--
                            (i) by striking the paragraph designation 
                        and heading and inserting the following:
            ``(2) Corps projects.--''; and
                            (ii) in the first sentence, by inserting 
                        ``or Indian Youth Corps'' before ``and carrying 
                        out''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Funds Available Under National and Community Service Act.--In 
order to carry out this Act, the Secretary shall be eligible to apply 
for and receive assistance under section 121(b) of the National and 
Community Service Act (42 U.S.C. 12571(b)).''.
    (n) Authorization of Appropriations.--Section 213 of the Act (as 
redesignated by subsection (g)) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) In General.--There are authorized to be appropriated such 
sums as may be necessary to carry out this Act.'';
            (2) by striking subsection (b); and
            (3) by redesignating subsection (c) as subsection (b).
                                 <all>