[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.

                          ____________________