[House Report 105-329]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-329
_______________________________________________________________________


 
NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER AND COMMUNITY PARTNERSHIP ACT 
                                OF 1997

                                _______
                                

October 21, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1856]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1856) to amend the Fish and Wildlife Act of 1956 to 
direct the Secretary of the Interior to conduct a volunteer 
pilot project at one national wildlife refuge in each United 
States Fish and Wildlife Service region, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  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 Wildlife Refuge System 
Volunteer and Community Partnership Act of 1997''.

SEC. 2. VOLUNTEERS AND COMMUNITY PARTNERSHIPS FOR WILDLIFE.

  (a) Promotion of Volunteers at National Wildlife Refuges.--Section 
7(b)(2) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(b)(2)) is 
amended by adding at the end the following: ``Any gift or bequest made 
for the benefit of a particular national wildlife refuge or complex of 
refuges shall be disbursed only for the benefit of that refuge or 
complex of refuges.''.
  (b) Awards and Recognition for Volunteers.--Section 7(c)(2) of that 
Act (16 U.S.C. 742f(c)(2)) is amended--
          (1) by inserting ``awards and recognition,'' after 
        ``lodging,''; and
          (2) by inserting ``without regard to their place of 
        residence'' after ``volunteers''.
  (c) Volunteer and Community Partnership Enhancement.--Section 7 of 
that Act (16 U.S.C. 742) is amended by adding at the end the following:
  ``(d) Volunteer and Community Partnership Enhancement.--(1) The 
purposes of this subsection are the following:
          ``(A) To encourage the use of volunteers in the National 
        Wildlife Refuge System.
          ``(B) To facilitate partnerships between the National 
        Wildlife Refuge System and partner organizations.
          ``(C) To promote participation by individuals, organizations, 
        and communities in understanding and conserving the fish and 
        wildlife resources, lands, and facilities of the National 
        Wildlife Refuge System.
          ``(D) To enhance the availability of interpretive and 
        educational materials and services for the enjoyment of 
        visitors to national wildlife refuges.
  ``(2) Subject to the availability of appropriations, the Secretary of 
the Interior shall conduct a pilot project at 1 national wildlife 
refuge in each United States Fish and Wildlife Service region, under 
which the Secretary shall employ a full-time volunteer coordinator for 
each refuge.
  ``(3)(A) Subject to the compatibility requirements of the National 
Wildlife Refuge System Administration Act of 1966 and this paragraph, 
the Secretary of the Interior may enter into a cooperative agreement 
(as that term is used in chapter 63 of title 31, United States Code) 
with any partner organization, academic institution, or State or local 
government organization, for the conduct of a project on a national 
wildlife refuge, under which--
          ``(i) there will be provided enhanced opportunities for 
        private citizens to volunteer with a national wildlife refuge 
        in their local communities and contribute to stewardship of the 
        resources on that refuge;
          ``(ii) a partner organization, academic institution, or State 
        or local government organization will develop, produce, 
        publish, distribute, or sell educational materials and products 
        pertaining to a national wildlife refuge approved by the 
        Secretary, under conditions specified by the Secretary;
          ``(iii) a partner organization, academic institution, or 
        State or local government organization will construct, 
        maintain, operate, or improve a facility on a national wildlife 
        refuge necessary for the sale or distribution of educational 
        materials, products, programs, and services pertaining to 
        national wildlife refuges;
          ``(iv) a partner organization, academic institution, or State 
        or local government organization will provide visitor services, 
        facilities, or activities within a national wildlife refuge, 
        under terms that require that the net profits from such 
        services, facilities, or activities shall be used exclusively 
        for projects and programs that benefit the refuge and are 
        consistent with the purposes for which it was established; or
          ``(v) there will be carried out within a national wildlife 
        refuge, on a Federal/non-Federal cost sharing basis, habitat 
        restoration and improvement, biological monitoring, research, 
        public education and recreation, construction of facilities, or 
        other projects.
  ``(B) Any Federal funds used to fund a project under a cooperative 
agreement under this paragraph--
          ``(i) may be used only for expenses directly related to the 
        project; and
          ``(ii) may not be used for operation or administration of any 
        non-Federal entity.
  ``(C) A partner organization, academic institution, or State or local 
government organization shall not receive preferential treatment in any 
application process to provide visitor services, products, or 
facilities in a national wildlife refuge.
  ``(D) Any facility or permanent improvement constructed pursuant to 
this subsection shall be the property of the United States Government.
  ``(4)(A) Amounts received by the Secretary of the Interior as a 
result of activities under paragraph (3) shall be deposited in a 
separate account in the Treasury.
  ``(B) Amounts in the account referred to in subparagraph (A) that are 
attributable to activities at a particular national wildlife refuge or 
complex of refuges shall be available to the Secretary of the Interior 
without further appropriation--
          ``(i) for materials, training, and other uses related to 
        volunteer activities at the refuge or complex of refuges; or
          ``(ii) to carry out cooperative agreements under this 
        subsection applicable to the refuge or complex of refuges.
  ``(5) For the purposes of this subsection, the term `partner 
organization' means an organization--
          ``(A) the mission of which is to promote understanding and 
        conservation of the fish and wildlife, cultural, or historic 
        resources of a particular national wildlife refuge or a complex 
        of related national wildlife refuges;
          ``(B) that draws its membership primarily from communities 
        near that refuge or complex of related national wildlife 
        refuges; and
          ``(C) that is described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 and exempt from taxation under section 
        501(a) of that Code.
  ``(6) In addition to amounts available under paragraph (4)(B), there 
are authorized to be appropriated to the Secretary of the Interior for 
each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003--
          ``(A) $1,000,000 for carrying out activities under this 
        subsection and subsection (c); and
          ``(B) $1,050,000 for pilot projects under paragraph (2) among 
        the United States Fish and Wildlife Service Regions.''.
  (d) Conforming Amendment.--Section 7(c)(6) of that Act (16 U.S.C. 
742f(c)(6)) is amended by striking ``$100,000 for the Secretary of the 
Interior and''.

                          Purpose of the Bill

    The purpose of H.R. 1856 is to amend the Fish and Wildlife 
Act of 1956 to direct the Secretary of the Interior to conduct 
a volunteer pilot project at one National Wildlife Refuge in 
each United States Fish and Wildlife Service region, and for 
other purposes.

                  Background and Need for Legislation

    The National Wildlife Refuge System, which is administered 
by the U.S. Fish and Wildlife Service (USFWS), contains 92 
million acres of Federal lands dedicated to the conservation of 
fish and wildlife. The Refuge System contains 509 Refuges 
located throughout the United States, ranging in size from the 
less-than-one-acre Mille Lacs National Wildlife Refuge in 
Minnesota to the 19.3-million-acre Arctic National Wildlife 
Refuge in Alaska. The System provides habitat for thousands of 
species of fish and wildlife, including more than 165 species 
listed as threatened or endangered under the Endangered Species 
Act, and it is particularly important to migratory bird 
conservation, as many Refuges are concentrated along the major 
North American flyways.
    Theodore Roosevelt established the first Refuge in 1903 at 
Pelican Island, Florida, to protect egrets, herons, and other 
birds that were being killed to supply feathers to the fashion 
industry. In the succeeding 94 years, new Refuges have been 
created by reservation from the public domain, land transfers 
from other agencies, purchase of privately owned land, and land 
donations. Refuge land acquisition is funded by appropriations 
from the Land and Water Conservation Fund, which receives 
revenue from fuel taxes and oil leases; and the Migratory Bird 
Conservation Fund, which receives revenues from sales of duck 
stamps, import duties on firearms and ammunition, and Refuge 
entrance fees.
    The mission of the Refuge System 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'' and, in addition, to allow Americans to 
participate in a number of activities, including wildlife-
dependent recreation, when these activities are compatible with 
the purposes of each Refuge. As defined in the National 
Wildlife Refuge System Improvement Act of 1997, ``wildlife-
dependent recreation'' means a use of a Refuge involving 
hunting, fishing, wildlife observation and photography, or 
environmental education and interpretation. The vast majority 
of the Refuge System is open to one or more of these uses, and 
it forms one of the largest recreational and educational 
resources in the nation.
    The Refuge System is relatively poorly funded compared to 
other Federally-managed lands. In 1995, System funding per acre 
of land managed was $1.81, which compares unfavorably to values 
of $2.54 for the Bureau of Land Management, $6.83 for the U.S. 
Forest Service, and $13.23 for the National Park Service. This 
funding shortage in the Refuge System has created a significant 
construction and maintenance backlog. Unfunded maintenance 
needs at existing facilities total $505 million, and 
construction of new facilities required to meet needs 
identified in management plans would add another $298 million 
to this figure. This inability to maintain critical facilities, 
especially water management structures, threatens the ability 
of many Refuges to adequately carry out their conservation 
objectives.
    For as long as the Refuge System has existed, volunteers 
have helped operate it. National Audubon Society members 
staffed the first Refuge at Pelican Island as volunteer 
wardens. The present volunteer program at the USFWS dates to 
the enactment of the Fish and Wildlife Improvement Act of 1978, 
which authorizes the Secretary of the Interior to recruit, 
train, and accept the services of individuals as volunteers for 
any program conducted by the USFWS. This Act further states 
that the Secretary may provide for expenses (including food, 
housing, transportation, and uniforms) for volunteers. It also 
specifies that volunteers will be considered government 
employees for the purposes of tort claim liability and 
compensation for job-related injuries.
    The USFWS has maintained a volunteer program since 1982, 
using volunteers throughout the Refuge System, fish hatcheries, 
and other field and administrative offices. The program has a 
national coordinator, and two Refuges have full-time volunteer 
coordinators. Other field offices have an employee who is 
designated as a volunteer coordinator in addition to his or her 
other duties. In 1982, 4,251 volunteers donated 128,440 hours 
of time. The program has grown over the last 15 years, and in 
1996, 25,000 volunteers donated over 1 million hours, 
representing 19 percent of all work done at USFWS field 
stations nationwide. USFWS estimates that it spent 
approximately $1.7 million to support volunteer programs in 
1996, including salaries for the full-time coordinators, 
publicity and recruiting activities, and housing, subsistence, 
and supplies for volunteers. Converting hours to dollars using 
a GS-5 hourly rate, this $1.7 million investment generated $11 
million worth of services.
    The 25,000 volunteers who contribute time to USFWS perform 
a wide variety of jobs. Some staff visitor centers and conduct 
Refuge tours. At the Ding Darling National Wildlife Refuge 
(NWR) in Florida, in fact, the visitor center is staffed 
entirely by volunteers. Many volunteers help with construction 
and maintenance. For example, one Eagle Scout at Aransas NWR in 
Texas personally removed over three miles of electric fence. A 
retired couple devotes much of their year to Refuge 
maintenance, operating earthmoving equipment nearly full-time 
at a Refuge in Texas in the winter, and at another Refuge in 
Washington State in the summer. The host Refuges provide this 
couple with free RV hookups, and supply the bulldozers. 
Scientifically trained volunteers perform wildlife population 
surveys, archeological assessments, and mapping projects, and 
many educational programs rely on volunteers who teach 
everything from environmental science to hunting safety.
    In addition to accepting the services of individual 
volunteers, USFWS has formal relationships with a number of 
conservation and service organizations. These include Ducks 
Unlimited, the Audubon Society, the National Rifle Association, 
the Boy Scouts and Girl Scouts, and numerous universities, 
local Chambers of Commerce, and sportsmen's clubs. This year, 
USFWS has initiated a program called the ``Friends 
Initiative,'' which will provide local communities and 
volunteer groups with information and training on fundraising, 
organization, and recruiting volunteers. The goal of this 
initiative is to develop local volunteer groups on a nationwide 
basis, near as many Refuges as possible, to assist with the 
operation of these Refuges.
     The purpose of H.R. 1856 is to support the efforts of the 
USFWS to expand their volunteer program. The Refuge System 
already depends on its volunteers to help meet many basic 
operational needs. Expanding the volunteer program is a cost-
effective way to meet more of these needs, particularly those 
associated with visitors and environmental education. This 
effort will also help to increase local involvement with and 
support for the Refuge System, which will celebrate its 100th 
anniversary in 2003.

                            Committee Action

    H.R. 1856 was introduced on June 10, 1997, by Congressman 
Jim Saxton (R-NJ). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Fisheries Conservation, Wildlife, and Oceans. On June 18, 1997, 
the Subcommittee held a hearing on H.R. 1856. Witnesses 
included Dr. Robert Streeter, Assistant Director for Refuges 
and Wildlife, USFWS; Dr. Edgar C. Bristow, President, Atlantic 
Audubon Society and Friends of Forsythe National Wildlife 
Refuge; Dr. Rollin T. Sparrowe, President, Wildlife Management 
Institute; and Dr. Daniel P. Beard, Senior Vice President for 
Public Policy, National Audubon Society. On July 31, 1997, the 
Subcommittee met to mark up H.R. 1856. An amendment to 
authorize the Secretary of the Interior to enter cooperative 
agreements with local nonprofit organizations for purposes of 
Refuge enhancement and maintenance was offered by Mr. Saxton. 
It was adopted by voice vote. The bill was then ordered 
favorably reported to the Full Committee by voice vote. On 
October 1, 1997, the Full Resources Committee met to consider 
H.R. 1856. An amendment in the nature of a substitute making 
technical corrections was offered by Mr. Saxton, and adopted by 
voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by voice vote.

                      Section-by-Section Analysis

                         Section 1. Short Title

    The short title of this bill is ``The National Wildlife 
Refuge System Volunteer and Community Partnership Act of 
1997''.

     Section 2. Volunteers and Community Partnerships for Wildlife

    (a) Promotion of Volunteers at National Wildlife Refuges. 
Section 7(b)(2) of the Fish and Wildlife Act of 1956 authorizes 
the Secretary of the Interior to accept gifts, devises, and 
bequests, deposit them in a separate account in the Treasury, 
and disburse them for the benefit of USFWS programs. In 
practice, this means that all donations to National Wildlife 
Refuges are deposited in a single nationwide account. It has 
come to the attention of the Committee that some donors who 
desired to make monetary contributions to a specific National 
Wildlife Refuge in their community are concerned that this 
accounting procedure makes it difficult to ensure that their 
donation will be used at their chosen Refuge. The Committee 
intends this subsection to ensure that the USFWS makes every 
effort possible to accommodate donors who desire to make a 
contribution to a Refuge in their community.
    (b) Awards and Recognition for Volunteers. Section 7(c)(2) 
of the Fish and Wildlife Service Act of 1956 authorizes the 
Secretary of the Interior to provide for a variety of 
incidental expenses for volunteers. This subsection adds 
``awards and recognition'' to the list of allowable incidental 
expenses. By ``awards and recognition'' the Committee means: 
nonmonetary gifts of nominal value, such as inscribed plaques, 
photographs, or commemorative products; and events whose 
purpose is to recognize volunteer services, such as lunches, 
awards banquets, or similar events.
    (c) Volunteer and Community Partnership Enhancement. This 
subsection adds a new subsection to Section 7 of the Fish and 
Wildlife Act of 1956. The new subsection has two purposes:
    First, it directs the Secretary of the Interior to conduct 
a pilot project at each of seven National Wildlife Refuges, one 
chosen from each USFWS region. At hearings before the 
Subcommittee on Fisheries Conservation, Wildlife, and Oceans on 
April 21, 1997, and June 18, 1997, public witnesses 
representing community conservation groups testified that the 
chief obstacle to improving coordination between Refuges and 
volunteer groups was a shortage of available staff. At present, 
only two Refuges have full-time volunteer coordinators. Both of 
these Refuges have large and successful volunteer programs. At 
other Refuges, a staff member is designated as a volunteer 
coordinator in addition to other full-time duties. The pilot 
projects authorized under this subsection are intended to 
increase cooperation between Refuges and volunteer groups by 
allowing Refuges to devote adequate staff time to this purpose.
    Second, this new subsection allows the Secretary of the 
Interior to enter into cooperative agreements with academic 
institutions, state and local governments, or ``partner 
organizations'' for the purposes of Refuge operation or 
enhancement.
    ``Partner organizations'' are defined as nonprofit 
organizations (under Section 501(c)(3) of the Internal Revenue 
Code) whose mission is to support one or more National Wildlife 
Refuges, and whose membership is drawn from communities near 
these Refuges. Similar organizations currently exist under the 
name of ``Friends Groups,'' for example, the Friends of the 
Edwin B. Forsythe National Wildlife Refuge in New Jersey or the 
Ding Darling Wildlife Society in Florida. These are groups 
whose members live near a Refuge and have formal agreements 
with the Refuge. The Committee expects that these existing 
groups will be able to satisfy the definition of ``partner 
organization'' in this subsection with little additional 
effort.
    The Committee recognizes that many Refuges are located in 
remote areas and are not ''near'' any communities. In this 
case, the members of partner organizations for such Refuges 
would not be expected to live in close geographic proximity to 
the Refuge. Conversely, there are many places where several 
Refuges surround a single community, or where several remote 
Refuges could best be served by a partner organization in a 
single population center. In this case, it would be appropriate 
for a single partner organization to be associated with several 
geographically-related Refuges.
    The authorization of cooperative agreements in this 
subsection is intended to encourage cooperation between Refuges 
and other groups, specifically partner organizations, academic 
institutions, and state and local governments, on projects that 
benefit Refuges. This subsection describes the types of 
projects that are authorized, which fall into the broad 
categories of operations and maintenance, habitat restoration 
or improvement, research, fundraising, and education. For 
example, a Refuge could contribute materials, and a partner 
organization could contribute labor, towards the construction 
of a wildlife observation tower or a boardwalk through a marsh. 
A partner organization might use a Refuge visitor center to 
conduct hunter safety classes. Refuge staff might cooperate 
with students at a university to conduct regular wildlife 
population surveys. A partner organization might raise funds by 
selling Refuge-related products, then use the proceeds, in 
combination with funds and/or materials provided by the Refuge, 
to construct a facility that would support compatible wildlife-
dependent education or recreation like a boat ramp or tent 
platform. These projects and others would be authorized under 
this subsection.
    This subsection specifies that any facility constructed on 
a Refuge pursuant to a cooperative agreement will become the 
property of the U.S. Government. It also specifies that Federal 
funds provided as part of a cooperative agreement may only be 
used for expenses directly related to a project that benefits 
the Refuge System. The Committee wishes to stress that the use 
of Federal funds for the operation or administration of any 
non-Federal entity, including a partner organization, is 
specifically prohibited.
    The Committee envisions that a partner organization might 
enter a cooperative agreement with a Refuge in which the 
partner organization would raise funds to support normal Refuge 
operation or maintenance activities. This subsection authorizes 
the Secretary of the Interior to accept funds generated 
pursuant to a cooperative agreement, deposit them in an account 
in the Treasury, and disburse them to carry out activities 
specified in the agreement or for other uses related to 
volunteer activities.
    This subsection also authorizes appropriations of 
$2,050,000 in each of the next five fiscal years, beginning in 
fiscal year 1998. Of this amount, $1,050,000 is to be divided 
equally among the seven pilot projects authorized under this 
subsection, and $1,000,000 is for carrying out activities 
related to volunteers which are authorized under subsection (c) 
of the Fish and Wildlife Act of 1956.
    (d) Conforming Amendment. This subsection strikes the 
existing authorization of appropriations for USFWS volunteer 
activities. This authority is consolidated into that provided 
in subsection (c).

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 1856.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1856. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1856 does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. Enactment of H.R. 1856 would affect direct 
spending by allowing the USFWS to collect and spend amounts 
earned by partner organizations under cooperative agreements, 
but any receipts and spending resulting under this authority 
would offset each other over time.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1856.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1856 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 8, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1856, the National 
Wildlife Refuge System Volunteer and Community Partnership Act 
of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis (for federal costs), and Marjorie Miller (for the state 
and local impact).
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 1856--National Wildlife Refuge System Volunteer and Community 
        Partnership Act of 1997

    Summary: H.R. 1856 would amend the Fish and Wildlife Act of 
1956 to promote community involvement at national wildlife 
refuges. To encourage the use of individual volunteers, the 
bill would direct the U.S. Fish and Wildlife Service (USFWS) to 
conduct pilot projects under which a full-time volunteer 
coordinator would be hired for one refuge in each service 
region. The bill would also address more formal agency-
community relationships by authorizing the USFWS to execute 
cooperative agreements with organizations such as nonprofit 
groups, academic institutions, and state or local agencies. 
Under such agreements, the partner organization could help 
finance programs and projects that benefit wildlife refuges. 
Amounts received by the agency under these agreements (that is, 
profits from sales or other activities conducted at refuges by 
the partner organization) would be deposited in a separate 
account in the U.S. Treasury and would be available without 
appropriation for related expenditures.
    The bill would authorize the appropriation of $2.05 million 
annually through fiscal year 2003, including $1.05 million for 
costs related to the regional pilot projects and $1 million for 
implementing community partnerships and other volunteer 
activities.
    Assuming appropriation of the authorized amounts, CBO 
estimates that the USFWS would spend about $10 million over the 
next five years. The legislation would affect direct spending 
by allowing the agency to collect and spend amounts earned by 
partner organizations under cooperative agreements; therefore, 
pay-as-you-go procedures would apply, but any receipts and 
spending resulting from this authority would offset each other 
over time. H.R. 1856 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
of 1995 (UMRA) and would impose no costs on state, local, or 
tribal governments.
    Estimated cost to the Federal Government: For purposes of 
this estimate, CBO assumes that the entire amounts authorized 
by H.R. 1856 would be appropriated for each of fiscal years 
1998 through 2002. Outlay estimates are based on spending 
patterns for similar programs. The estimated budgetary impact 
of H.R. 1856 is shown in the following table.

----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars          
                                                     -----------------------------------------------------------
                                                        1997      1998      1999      2000      2001      2002  
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
                                                                                                                
USFWS Baseline Spending Under Current Law:                                                                      
    Estimated authorization level \1\...............       524       542       560       579       598       618
    Estimated outlays...............................       523       539       558       578       597       617
Proposed Changes:                                                                                               
    Estimated authorization level...................         0         2         2         2         2         2
    Estimated outlays...............................         0         1         2         2         2         2
USFWS Spending Under H.R. 1856:                                                                                 
    Estimated authorization level...................       524       544       562       581       600       670
    Estimated outlays...............................       523       540       560       580       599       619
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 figure is the amount appropriated for USFWS resource management. The levels shown for 1998 through 
  2002 are CBO baseline projections assuming increases for anticipated inflation.                               

    The costs of this legislation fall within budget function 
300 (natural resources and environment). The volunteer pilot 
projects and community partnership agreements authorized by 
this bill would constitute new programs in the federal budget. 
There is no spending for such activities under current law. The 
table shows changes relative to CBO baseline projections, 
including increases for anticipated inflation, for USFWS 
resource management activities. If the comparison were made to 
a baseline without discretionary inflation, the cost of the 
bill would be the same--the authorization level would be $524 
million for each year under current law and $526 million for 
each year under H.R. 1856.
    Enacting H.R. 1856 also would increase offsetting receipts 
and outlays from direct spending authority by allowing the 
USFWS to collect and use amounts earned by partner 
organizations. CBO estimates that this authority would generate 
receipts of less than $500,000 annually. Because these amounts 
would be offset by additional spending, the net impact on the 
federal budget would be negligible in each year.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act of 1985 specifies pay-as-you-go 
procedures for legislation affecting direct spending or 
receipts. Although enacting H.R. 1856 would affect direct 
spending, CBO estimates that the amounts involved would be less 
than $500,000 annually.
    Impact on State, local, and tribal governments: H.R. 1856 
contains no intergovernmental mandates as defined in UMRA and 
would impose no costs on state, local, or tribal governments. 
State and local entities might voluntarily incur some costs 
should they choose to enter into cooperative agreements with 
the Secretary of the Interior, as authorized by this bill.
    Impact on the private sector: This bill would impose no new 
private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on State, local, and tribal governments: Marjorie Miller.
    Estimate approved by: Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 1856 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

             SECTION 7 OF THE FISH AND WILDLIFE ACT OF 1956

                 policies, procedures, recommendations

  Sec. 7. (a) * * *
  (b) * * *
  (2) Any gifts and bequests of money and proceeds from the 
sales of other property received as gifts or bequests pursuant 
to this subsection shall be deposited in a separate account in 
the Treasury and shall be disbursed upon order of the Secretary 
for the benefit of programs administered by the United States 
Fish and Wildlife Service. Any gift or bequest made for the 
benefit of a particular national wildlife refuge or complex of 
refuges shall be disbursed only for the benefit of that refuge 
or complex of refuges.
          * * * * * * *
  (c)(1) * * *
  (2) The Secretary of the Interior and the Secretary of 
Commerce are each authorized to provide for incidental expenses 
such as transportation, uniforms, lodging, awards and 
recognition, and subsistence of such volunteers without regard 
to their place of residence.
          * * * * * * *
  (6) There are authorized to be appropriated to carry out this 
subsection [$100,000 for the Secretary of the Interior and] 
$50,000 for the Secretary of Commerce for each of the fiscal 
years 1980, 1981, 1982, 1983, 1984, 1985, and 1986.
  (d) Volunteer and Community Partnership Enhancement.--(1) The 
purposes of this subsection are the following:
          (A) To encourage the use of volunteers in the 
        National Wildlife Refuge System.
          (B) To facilitate partnerships between the National 
        Wildlife Refuge System and partner organizations.
          (C) To promote participation by individuals, 
        organizations, and communities in understanding and 
        conserving the fish and wildlife resources, lands, and 
        facilities of the National Wildlife Refuge System.
          (D) To enhance the availability of interpretive and 
        educational materials and services for the enjoyment of 
        visitors to national wildlife refuges.
  (2) Subject to the availability of appropriations, the 
Secretary of the Interior shall conduct a pilot project at 1 
national wildlife refuge in each United States Fish and 
Wildlife Service region, under which the Secretary shall employ 
a full-time volunteer coordinator for each refuge.
  (3)(A) Subject to the compatibility requirements of the 
National Wildlife Refuge System Administration Act of 1966 and 
this paragraph, the Secretary of the Interior may enter into a 
cooperative agreement (as that term is used in chapter 63 of 
title 31, United States Code) with any partner organization, 
academic institution, or State or local government 
organization, for the conduct of a project on a national 
wildlife refuge, under which--
          (i) there will be provided enhanced opportunities for 
        private citizens to volunteer with a national wildlife 
        refuge in their local communities and contribute to 
        stewardship of the resources on that refuge;
          (ii) a partner organization, academic institution, or 
        State or local government organization will develop, 
        produce, publish, distribute, or sell educational 
        materials and products pertaining to a national 
        wildlife refuge approved by the Secretary, under 
        conditions specified by the Secretary;
          (iii) a partner organization, academic institution, 
        or State or local government organization will 
        construct, maintain, operate, or improve a facility on 
        a national wildlife refuge necessary for the sale or 
        distribution of educational materials, products, 
        programs, and services pertaining to national wildlife 
        refuges;
          (iv) a partner organization, academic institution, or 
        State or local government organization will provide 
        visitor services, facilities, or activities within a 
        national wildlife refuge, under terms that require that 
        the net profits from such services, facilities, or 
        activities shall be used exclusively for projects and 
        programs that benefit the refuge and are consistent 
        with the purposes for which it was established; or
          (v) there will be carried out within a national 
        wildlife refuge, on a Federal/non-Federal cost sharing 
        basis, habitat restoration and improvement, biological 
        monitoring, research, public education and recreation, 
        construction of facilities, or other projects.
  (B) Any Federal funds used to fund a project under a 
cooperative agreement under this paragraph--
          (i) may be used only for expenses directly related to 
        the project; and
          (ii) may not be used for operation or administration 
        of any non-Federal entity.
  (C) A partner organization, academic institution, or State or 
local government organization shall not receive preferential 
treatment in any application process to provide visitor 
services, products, or facilities in a national wildlife 
refuge.
  (D) Any facility or permanent improvement constructed 
pursuant to this subsection shall be the property of the United 
States Government.
  (4)(A) Amounts received by the Secretary of the Interior as a 
result of activities under paragraph (3) shall be deposited in 
a separate account in the Treasury.
  (B) Amounts in the account referred to in subparagraph (A) 
that are attributable to activities at a particular national 
wildlife refuge or complex of refuges shall be available to the 
Secretary of the Interior without further appropriation--
          (i) for materials, training, and other uses related 
        to volunteer activities at the refuge or complex of 
        refuges; or
          (ii) to carry out cooperative agreements under this 
        subsection applicable to the refuge or complex of 
        refuges.
  (5) For the purposes of this subsection, the term ``partner 
organization'' means an organization--
          (A) the mission of which is to promote understanding 
        and conservation of the fish and wildlife, cultural, or 
        historic resources of a particular national wildlife 
        refuge or a complex of related national wildlife 
        refuges;
          (B) that draws its membership primarily from 
        communities near that refuge or complex of related 
        national wildlife refuges; and
          (C) that is described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 and exempt from taxation 
        under section 501(a) of that Code.
  (6) In addition to amounts available under paragraph (4)(B), 
there are authorized to be appropriated to the Secretary of the 
Interior for each of fiscal years 1998, 1999, 2000, 2001, 2002, 
and 2003--
          (A) $1,000,000 for carrying out activities under this 
        subsection and subsection (c); and
          (B) $1,050,000 for pilot projects under paragraph (2) 
        among the United States Fish and Wildlife Service 
        Regions.