[Congressional Record Volume 150, Number 119 (Tuesday, September 28, 2004)]
[House]
[Pages H7675-H7677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HEALTHY FOREST YOUTH CONSERVATION CORPS ACT OF 2004
Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4838) to establish a Healthy Forest Youth Conservation Corps
to provide a means by which young adults can carry out rehabilitation
and enhancement projects to prevent fires and suppress fires,
rehabilitate public land affected or altered by fires, and provide
disaster relief, and for other purposes, as amended.
The Clerk read as follows:
H.R. 4838
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 ``Healthy Forest Youth
Conservation Corps Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the natural fire regimes of forested public land have
been altered by intensive fire suppression;
(2) fire suppression has led to increased risk of
unnaturally severe wildfires that in recent years have
destroyed thousands of homes, devastated agricultural crops
and livestock, reduced biodiversity, and scorched thousands
of areas of soil and natural resources;
(3) catastrophic wildfires pose a particular threat to
communities and wildlife living close to forested wildland,
known as the ``wildland-urban interface'';
(4) each year millions of dollars are spent to fight severe
wildfires and protect communities where municipal water
supplies, human lives, and property are threatened;
(5) contracts and cooperative agreements between Federal
agencies and State and local governments and other entities
empower communities and are cost-effective tools that provide
positive social and environmental benefits, and the use of
such contracts and agreements should be encouraged as a means
to prevent unnaturally severe fires, rehabilitate public land
affected or altered by fires, and enhance and maintain
environmentally important land and water; and
(6) joint collaborations between the Federal agencies and
service and conservation corps composed of young adults are
particularly beneficial, as the collaborations provide--
(A) young adults the opportunity to prepare for productive
lives while engaged in meaningful and educational public
service opportunities; and
(B) the public with cost-saving human resources to assist
in conserving, maintaining, and protecting public land.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to allow service and conservation corps to enter into
agreements with public land management agencies to perform
rehabilitation and enhancement projects to prevent fire,
rehabilitate public land affected or altered by fires, and
suppress fires, and provide disaster relief;
(2) to offer young adults who are members of a service and
conservation corps, particularly young adults who are at-risk
or economically disadvantaged, a chance to obtain skills and
experience in forest restoration, so that they are better
equipped to gain productive employment in the expanding
workforce being deployed on National Forest System lands in
fuels reduction, post-fire rehabilitation, and other forest
health projects, and so that the pool of trained workers in
forest restoration is expanded to satisfy the existing and
increasing need for such workers;
(3) to provide those young adults the opportunity to serve
their communities and their country; and
(4) to expand educational opportunities by rewarding
individuals who participate in the Healthy Forest Youth
Conservation Corps with an increased ability to pursue higher
education or employment.
SEC. 4. HEALTHY FOREST YOUTH CONSERVATION CORPS.
(a) Establishment.--There is established a Healthy Forest
Youth Conservation Corps.
(b) Participants.--The Corps shall consist of young adults
who are enrolled as members of a service and conservation
corps covered by a contract or cooperative agreement entered
into under subsection (c).
(c) Contracts or Agreements.--The Secretary concerned may
enter into contracts or cooperative agreements directly
with--
(1) any service and conservation corps to carry out a
rehabilitation and enhancement project described in
subsection (d); or
(2) a department of natural resources, agriculture, or
forestry (or an equivalent department) of any State that has
entered into a contract or cooperative agreement with a
service and conservation corps to carry out a rehabilitation
and enhancement project described in subsection (d).
(d) Authorized Projects.--Under a contract or cooperative
agreement entered into under subsection (c), a service and
conservation corps may carry out a rehabilitation and
enhancement project to prevent fire and suppress fires,
rehabilitate public land affected or altered by fires, and
provide disaster relief, including--
(1) a project relating to the National Fire Plan;
(2) a project relating to the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6501 et seq.); and
(3) other activities allowed under--
(A) a national forest and grassland land management plan;
or
(B) a Bureau of Land Management land use plan.
(e) Priority Projects.--In entering into a contract or
cooperative agreement under subsection (c), the Secretary
concerned shall give priority to rehabilitation and
enhancement projects that will--
(1) reduce hazardous fuels on public land;
(2) restore public land affected or imminently threatened
by disease or insect infestation;
(3) rehabilitate public land affected or altered by fires;
(4) assess windthrown public land or public land at high
risk of reburn;
(5) work to address public land located within relative
proximity to a municipal watershed and municipal water
supply;
(6) provide related emergency assistance, such as natural
disaster relief and the rescue of lost or injured persons;
(7) instill in members of the service and conservation
corps a work ethic and a sense of personal responsibility;
(8) be labor-intensive; and
(9) be planned and initiated promptly.
(f) Activities Performed by Corps Members Who Are Under
18.--A young adult under the age of 18 who is enrolled as a
member of a service and conservation corps covered by a
contract or cooperative agreement entered into under
subsection (c) may perform the following types of activities
as part of a rehabilitation and enhancement project carried
out under the contract or cooperative agreement:
(1) Performance of logistical support at fire caches or
with the supply unit in support of a fire suppression
project.
(2) Conducting pre-treatment inventory and other
preparatory work, such as building control lines with hand
tools, in advance of a prescribed fire project, and
conducting post-treatment evaluation and monitoring of the
project.
(3) Participation in fire-prevention patrols and the
dissemination of fire prevention information.
(4) Performance of certain aspects of a Burned Area
Emergency Rehabilitation project, approved by the Secretary,
if not on site, then in a support role receiving and
distributing materials and supplies.
(g) Supportive Services.--The Secretary concerned may
provide such services as the Secretary considers to be
necessary to carry out this Act, including technical
assistance, oversight, monitoring, and evaluation to or for--
(1) State departments of natural resources and agriculture
(or equivalent agencies);
(2) service and conservation corps;
(3) in the case of Indian lands, the applicable Indian
tribe;
(4) in the case of Hawaiian home lands, the applicable
State agency in the State of Hawaii; and
(5) in the case of land under the jurisdiction of an Alaska
Native Corporation, the applicable Alaska Native Corporation.
(h) Other Uses of Funds.--Funds made available under this
Act may be used to support implementation, monitoring,
training,
[[Page H7676]]
technical assistance, and administrative work of service and
conservation corps covered by a contract or cooperative
agreement entered into under subsection (c).
SEC. 5. NONCOMPETITIVE HIRING STATUS.
The Secretary may grant a person who is a former member of
the Healthy Forest Youth Conservation Corps with credit for
time served as a member of the Corps toward future Federal
hiring and may provide the person with a noncompetitive
hiring status for not more than 120 days beginning on the
date on which the person completed service as a member of the
Corps.
SEC. 6. NONDISPLACEMENT.
The nondisplacement requirements of section 177(b) of the
National and Community Service Act of 1990 (42 U.S.C.
12637(b)) shall apply to activities carried out under this
Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' means a Regional Corporation or Village
Corporation, as those terms are defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(2) Hawaiian home lands.--The term ``Hawaiian home lands''
has the meaning given the term in section 203 of Public Law
91-378 (commonly known as the Youth Conservation Corps Act of
1970; 16 U.S.C. 1722).
(3) Indian lands.--The term ``Indian lands'' has the
meaning given the term in section 203 of Public Law 91-378
(commonly known as the Youth Conservation Corps Act of 1970;
16 U.S.C. 1722).
(4) Public land.--The term ``public land'' means--
(A) land of the National Forest System (as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)));
(B) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702)) and
other land administered by the Secretary of the Interior
through the United States Fish and Wildlife Service;
(C) land owned by a State or local agency;
(D) Indian lands, with the approval of the applicable
Indian tribe;
(E) Hawaiian home lands, with the approval of the
applicable State agency in the State of Hawaii; and
(F) land under the jurisdiction of an Alaska Native
Corporation, with the approval of the applicable Alaska
Native Corporation.
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to land of
the National Forest System described in subparagraph (A) of
paragraph (4);
(B) the Secretary of the Interior, with respect to public
land described in subparagraph (B) of such paragraph; and
(C) the Secretary of Agriculture and the Secretary of the
Interior jointly, with respect to land described in
subparagraphs (C) through (F) of such paragraph.
(6) Service and conservation corps.--The term ``service and
conservation corps'' means any organization established by a
State or local government, nonprofit organization, or Indian
tribe that--
(A) has a research-validated demonstrable capability to
provide productive work to individuals;
(B) gives participants a combination of work experience,
basic and life skills, education, training, and support
services; and
(C) provides participants with the opportunity to develop
citizenship values through service to their communities and
the United States.
(7) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(8) Young adult.--The term ``young adult'' means an
individual between 16 and 25 years of age.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this
Act $5,000,000 for each of fiscal years 2005 through 2009.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Radanovich) and the gentleman from Arizona (Mr.
Grijalva) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Radanovich).
Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 4838, introduced by the gentleman from Oregon (Mr.
Walden), would authorize the Secretary of the Interior and Agriculture
to enter into contracts with nonprofit youth conservation corps to
carry out land management initiatives relating to the Healthy Forest
Restoration Act.
This legislation was originally included in the Healthy Forest
Restoration Act, but was removed during negotiations. This bill shares
bipartisan support and will allow youth conservation corps to perform
service projects related to forest health, restoration, and community
protection from wildfire. I urge adoption of the bill.
Mr. Speaker, I submit for the Record letters to and from the
Committee on Resources and the Committee on Agriculture regarding this
piece of legislation:
House of Representatives,
Committee on Resources,
Washington, DC, September 27, 2004.
Hon. Robert Goodlatte,
Chairman, Committee on Agriculture, 1301 Longworth HOB,
Washington, DC.
Dear Mr. Chairman: On September 15, 2004, the Committee on
Resources reported with amendments H.R. 4838, the Healthy
Forest Youth Conservation Corps Act of 2004. The bill was
referred primarily to the Committee on Resources, with an
additional referral to the Committee on Agriculture because
it affects activities in forests not created from the public
domain.
Staffs from both of our Committee's have been working
diligently on further amending the bill in the form of an
amendment in the nature of a substitute for consideration
under suspension of the rules on the House floor. The
amendment they have crafted should address your concerns.
First, it reduces the authorization of appropriations from
$25 million per fiscal year to $5 million for each fiscal
year 2005 through 2009. Additionally, the amendment will
address Administration concerns by limiting the type of work
performed by 16 and 17 year olds.
Knowing that the 108th Congress is rapidly drawing to a
close, I ask that you allow the Committee on Agriculture to
be discharged from further consideration of the bill so that
it may be scheduled under suspension of the rules tomorrow.
This discharge in no way affects your jurisdiction over the
subject matter of the bill and it will not serve as precedent
for future referrals. In addition, should a conference on the
bill be necessary, I would support your request to have the
Committee on Agriculture represented on the conference
committee. Thank you for your consideration of my request.
Sincerely,
Richard W. Pombo,
Chairman.
____
House of Representatives,
Committee on Agriculture,
Washington, DC, September 27, 2004.
Hon. Richard Pombo,
Chairman, House Committee on Resources, 1324 Longworth House
Office Building, Washington, DC.
Dear Mr. Chairman: Thank you for forwarding a draft copy of
H.R. 4838, the ``Healthy Forest Youth Conservation Corps Act
of 2004'', as ordered reported by your Committee on September
15, 2004. As you are aware, the Committee on Agriculture was
granted an additional referral of this legislation on those
provisions that fall within the jurisdiction of this
Committee.
Knowing of your interest in expediting this legislation and
in maintaining the continued consultation between our
Committees on these matters, I will agree to discharge H.R.
4838 from further consideration by the Committee on
Agriculture. I do so with the understanding that by
discharging the bill, the Committee on Agriculture does not
waive any future jurisdictional claim over these or similar
measures. In addition, in the event a conference with Senate
is requested on this matter, the Committee on Agriculture
reserves the right to seek appointment of conferees, if it
should become necessary.
Once again, I am grateful for the cooperative spirit in
which you have worked regarding this matter and others
between our respect committees.
Sincerely,
Bob Goodlatte,
Chairman.
Mr. Speaker, I reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to commend the cosponsor of this
legislation, the gentleman from New Mexico (Mr. Udall) for bringing
forth this very important measure.
Mr. Speaker, I yield such time as he may consume to the gentleman
from New Mexico (Mr. Udall).
Mr. UDALL of New Mexico. Mr. Speaker, I thank the gentleman from
Arizona for yielding me this time and for his leadership on the
Committee on Resources and on this bill. I also want to thank the
chairman for his leadership and also the gentleman from Oregon (Mr.
Walden), who I have worked very closely with on this bill, the Healthy
Forest Youth Conservation Corps.
This legislation will allow the Secretaries of Agriculture and
Interior to contract directly with the youth service and conservation
corps to carry out rehabilitation and enhancement projects in our parks
and forests, placing a priority on those projects that prevent and
suppress forest fires. This partnership between the Federal Government
and the Nation's service and
[[Page H7677]]
conservation corps will provide cost-effective assistance in preventing
forest fires and restoring damaged forests lands.
{time} 1545
In addition to providing additional resources to control forest
fires, the program will offer important work experience to low-income,
disadvantaged, and often minority youth between the ages of 16 and 24
who, through the corps, will develop the skills and habits they need to
become productive citizens. Research has shown that youth who complete
corps programs have higher rates of employment and earn more than their
counterparts. Corps members also score higher on measures of personal
and social responsibility and are more likely to earn a college degree.
Finally, not even taking into account the obvious financial benefits
to society from protecting at-risk youth, corps generates $1.60 in
immediate benefits for every $1 in cost. I encourage my colleagues to
vote for passage of the Healthy Forest Youth Conservation Corps Act to
enable local youth corps to work with the Federal Government to protect
their communities. This is an opportunity to utilize cost-saving human
resources to conserve, maintain, and protect Federal land. It is an
investment in our environment and our country's youth.
Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
Mr. RADANOVICH. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Issa). The question is on the motion
offered by the gentleman from California (Mr. Radanovich) that the
House suspend the rules and pass the bill, H.R. 4838, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________