[House Report 104-442]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-442
_______________________________________________________________________


             PROVIDING FOR THE CONSIDERATION OF H.R. 2677,
 
  THE NATIONAL PARKS AND NATIONAL WILDLIFE REFUGE SYSTEMS FREEDOM ACT

                               OF 1995

                                _______


 December 21, 1995.--Referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________


   Mr. McInnis, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 323]

    The Committee on Rules, having had under consideration 
House Resolution 323, by a record vote of 7 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration in the House 
of H.R. 2677, the National Parks and National Wildlife Refuge 
Systems Freedom Act of 1995 under a closed rule. The rule 
provides one hour of general debate to be divided equally 
between the chairman and ranking minority member of the 
Committee on Resources.
    The resolution provides that the amendment printed in the 
report of the Committee on Rules shall be considered as 
adopted.
    Finally, the rule provides for one motion to recommit, with 
or without instructions.

                            committee votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

                    rules committee rollcall no. 274

    Date: December 21, 1995.
    Measure: Rule for consideration of H.R. 2677 the National 
Parks and National Wildlife Refuge Systems Freedom Act of 1995.
    Motion By: Mr. Moakley.
    Summary of Motion: Make in order an amendment by Mr. Moran, 
H.R. 2780.
    Results: Rejected 3 to 7.
    Vote by Members: Dreier--Nay; Goss--Nay; Linder--Nay; Diaz-
Balart--Nay; McInnis--Nay; Waldholtz--Nay; Moakley--Yea; 
Beilenson--Yea; Frost--Yea; Solomon--Nay.

                            committee votes

    Pursuant to clause 2(l)(2)(B) of House rule XI the results 
of each rollcall vote on an amendment or motion to report, 
together with the names of those voting for and against, are 
printed below:

                    rules committee rollcall no. 275

    Date: December 21, 1995.
    Measure: Rule for consideration of H.R. 2677 the National 
Parks and National Wildlife Refuge Systems Freedom Act of 1995.
    Motion By: Mr. Dreier.
    Summary of Motion: Report the rule favorably to the House.
    Results: Adopted 7 to 3.
    Vote by Members: Dreier--Yea; Goss--Yea; Linder--Yea; Diaz-
Balart--Yea; McInnis--Yea; Waldholtz--Yea; Moakley--Nay; 
Beilenson--Nay; Frost--Nay; Solomon--Yea.
    The text of the amendment considered as adopted:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Park and National 
Wildlife Refuge Systems Freedom Act of 1995''.

SEC. 2. REQUIREMENT FOR SECRETARY OF THE INTERIOR TO ACCEPT STATE 
                    DONATIONS OF STATE EMPLOYEE SERVICES.

  (a) Requirement.--Notwithstanding section 1342 of title 31, 
United States Code, the Secretary shall accept from any State 
donations of services of qualified State employees to perform 
in a Unit, in a period of Government budgetary shutdown, 
functions otherwise authorized to be performed by Department of 
Interior personnel.
  (b) Limitations.--An employee of a State may perform 
functions under this section only--
          (1) within areas of a Unit that are located in the 
        State; and
          (2) in accordance with an agreement entered into by 
        the Secretary and the Governor of the State under 
        subsection (c).
  (c) Agreements.--
          (1) In general.--For purposes of this section, the 
        Secretary may enter into an agreement in accordance 
        with this subsection with the Governor of any State in 
        which is located any part of a Unit.
          (2) Terms conditions.--An agreement under this 
        subsection shall--
                  (A) require that each individual performing 
                functions under the agreement shall have--
                          (i) provisions to ensure resource and 
                        visitor protection acceptable under the 
                        standards of the United States Fish and 
                        Wildlife Service or the National Park 
                        Service, as appropriate;
                          (ii) adequate safety training;
                          (iii) knowledge of the terrain in 
                        which the individual will perform those 
                        functions; and
                          (iv) knowledge of and adherence to 
                        Federal regulations relating to those 
                        functions; and
                  (B) specify other terms and conditions under 
                which a State employee may perform such 
                functions.
    (d) Exclusion From Treatment as Federal Employees.--A State 
employee who performs functions under this section shall not be 
treated as a Federal employee for purposes of any Federal law 
relating to pay or benefits for Federal employees.
    (e) Anti-Deficiency Act Not Applicable.--Section 1341(a) of 
title 31, United States Code, shall not apply with respect to 
the acceptance of services of, and the performance of functions 
by, qualified State employees under this section.
    (f) Definitions.--In this section--
          (1) the term ``Government budgetary shutdown'' means 
        a period during which there are no amounts available 
        for the operation of the National Wildlife Refuge 
        System and the National Park System, because of--
                  (A) a failure to enact an annual 
                appropriations bill for the period for the 
                Department of the Interior; and
                  (B) a failure to enact a bill (or joint 
                resolution) continuing the availability of 
                appropriations for the Department of the 
                Interior for a temporary period pending the 
                enactment of such an annual appropriations 
                bill;
          (2) the term ``Secretary'' means the Secretary of the 
        Interior; and
          (3) the term ``Unit'' means a unit of--
                  (A) the National Wildlife Refuge System, or
                  (B) the National Park System.

                                
