[Senate Report 105-270]
[From the U.S. Government Publishing Office]
Calendar No. 503
105th Congress Report
SENATE
2d Session 105-270
_______________________________________________________________________
NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER AND PARTNERSHIP ENHANCEMENT
ACT OF 1998
_______
July 28, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Chafee, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2244]
The Committee on Environment and Public Works, to which was
referred the bill (S. 2244), to amend the Fish and Wildlife Act
of 1956 to promote volunteer programs and community
partnerships for the benefit of national wildlife refuges, and
for other purposes, having considered the same, reports
favorably thereon, and recommends that the bill do pass.
General Statement and Background
The National Wildlife Refuge System, administered by the
U.S. Fish and Wildlife Service (the Service), consists of 93
million acres across 514 refuges. It is the only Federal land
system managed primarily for the benefit of fish, wildlife, and
plant resources, providing habitat for thousands of species of
fish and wildlife, including more than 165 species listed as
endangered or threatened under the Endangered Species Act. Each
State of the Union is home to at least one refuge. Refuges are
visited by approximately 30.9 million people each year. A
recent study prepared by the Service, Banking on Nature,
estimates that $401.1 million of sales in regional economies is
generated directly or indirectly by the Refuge System.
Since the first refuge was established on Pelican Island in
1903 by President Theodore Roosevelt, refuges have been
established administratively by the Secretary of the Interior,
and legislatively by acts of Congress. In 1966, Congress passed
the National Wildlife Refuge System Administration Act, which
brought the diverse collection of refuges into a unified system
of management and established requirements relating to land
acquisition, management, and disposition. It took another 31
years--almost 100 years after the first refuge was
established--before Congress passed the National Wildlife
Refuge System Improvement Act of 1997, the first ``organic
law'' of the Refuge System. This law articulated the mission of
the Refuge System as one 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.''
Notwithstanding the recent legislative initiative and the
benefits afforded by the Refuge System, it remains poorly
funded. This has led to a significant backlog in annual
maintenance, operations, and construction needs. At the
beginning of fiscal year 1998, unfunded annual maintenance
needs were estimated at $440 million, unfunded annual
operations needs were estimated at $455 million, and unfunded
construction needs were estimated at just over $700 million.
For fiscal year 1998, Congress appropriated $220.5 million for
operations and maintenance.
To help alleviate this backlog and funding shortfall, the
Service relies on volunteers for assistance. The Refuge System
has a long history associated with volunteers: the first refuge
on Pelican Island was staffed by volunteer wardens. In 1978,
Congress passed the Fish and Wildlife Improvement Act, which
authorized the Secretary of the Interior to recruit, train,
accept the services of, and provide incidental expenses for,
volunteers. In 1982, the Service established a formal volunteer
program, and since then, the number of volunteers has grown
from 4,257 individuals donating 128,400 hours of time, to over
28,800 individuals donating more than 1.5 million hours of time
in 1997. In 1997, almost 20 percent of all work performed on
the Refuge System was done by volunteers, amounting to about
$14 million worth of services at a support cost of only
$780,000.
The Service also collaborates with conservation groups,
academic institutions, business organizations, and other
entities to provide services for the Refuge System. These
services span a broad range, including organization of
volunteer efforts, fundraising for actions benefiting wildlife
conservation, research, and establishment of education
programs. These services are generally performed at the local
level, with individual communities supporting a specific refuge
in their area. In 1996, the Service established a program
called the Friends Initiative, to more formally encourage and
organize these efforts to promote community involvement in
activities associated with the refuge. With the support of the
National Fish and Wildlife Foundation, the National Wildlife
Refuge Association, and the National Audubon Society, 25 new
Friends groups have been formed by local citizens.
The Service also relies on donations by individuals or
organizations for support. These donations can come in the form
of cash gifts or bequests, or devises of property. The Service
estimates that the Refuge System received donations of more
than $2.1 million during the past two fiscal years alone.
Objectives of the Legislation
S. 2244 will foster efforts of the Service with respect to
volunteers, partnerships, and donations. While these efforts
are already underway and have proven to be successful in both
alleviating financial constraints and fostering public
awareness and appreciation of the Refuge System, this
legislation reinforces existing administrative actions and
creates new authorities and mandates to expand these actions.
Section-by-Section Analysis
Section 1. Short Title
Section 1 states that the Act may be cited as the
``National Wildlife Refuge System Volunteer and Partnership
Enhancement Act of 1998.''
Section 2. Findings and Purposes
This section contains the findings of Congress and purposes
of the Act. The Refuge System plays an integral role in the
protection of natural resources of the United States. Even with
the enactment of the National Wildlife System Improvement Act
of 1997, financial resources available for the Refuge System
remain limited. Federal funding for the Refuge System can be
supplemented through volunteer programs, donations, and
partnerships with community organizations. Public awareness of
the Refuge System and public participation in conservation of
resources within the Refuge System can be promoted through
refuge educational programs. The Act has three purposes: to
encourage the use of volunteers, to facilitate partnerships,
and to encourage donations and other contributions.
Section 3. Gifts to Particular National Wildlife Refuges
Section 3 amends section 7(b)(2) of the Fish and Wildlife
Act of 1956 to clarify that gifts, devises, or bequests made to
a particular refuge shall be disbursed without further
appropriations to that refuge. While current law authorizes the
Secretary of the Interior to accept gifts, devises, or bequests
subject to the terms of any restrictive or affirmative covenant
or other conditions, this bill clarifies and simplifies the law
with respect to donations to specific refuges.
In addition, the bill allows gifts, devises, and bequests
to specific refuges to be matched with Federal funding, subject
to availability of appropriations and the requirements of the
National Wildlife Refuge Administration Act of 1966 and other
applicable law. The amount of Federal funds cannot exceed the
amount of the non-Federal donation. This provision is intended
to give individual refuge managers an opportunity to use those
funds already available for their discretionary use to secure
additional funds in the form of cash, property, or in-kind
services. It is expected that operations and maintenance funds
that do not go to overhead costs, approximately 5 percent of
any refuge manager's annual budget for operations and
maintenance, will be used for this purpose. For the entire
Refuge System, these funds are not expected to amount to more
than $2 million annually.
Although involving relatively small amounts of money, this
program should generate significant benefits. For example, a
refuge manager may be able to offer matching funds to a local
landowner who is willing to contribute his or her services to
improve land management affecting the refuge, e.g., a landowner
constructing a fence with materials provided by the Service to
keep cattle from wandering onto the refuge. Because this is a
new program, the Service should keep careful records of the
amount of money expended by individual refuge managers, the
non-Federal contributions, and the nature of the work
accomplished under this program.
Section 4. Volunteer Enhancement
Section 4 enhances volunteer efforts within the Refuge
System. Section 4(a) requires the Secretary to carry out a
pilot project at two or more wildlife refuges in each Service
region, but not more than 20 pilot projects nationwide. This
allows 14 to 20 pilot projects to be carried out, of which nine
have already been budgeted and approved by the Service. Each
pilot project shall provide for employment of a full-time
volunteer coordinator for the refuge, who shall be responsible
for recruiting, training, and supervising volunteers. The
volunteer coordinator may also assist partner organizations in
developing projects and programs and coordinating volunteer
activities with the organizations. Within three years, the
Secretary must prepare a report evaluating and making
recommendations regarding the pilot projects. The bill
authorizes $2 million annually for fiscal years 1999 through
2002.
Section 4(b) amends the Fish and Wildlife Act of 1956 to
provide for awards and recognition of volunteers. It also
allows for incidental expenses to be provided without regard to
the volunteer's place of residence. Currently, volunteers who
have worked side-by-side Service employees are excluded from
receiving awards and recognition that may be given to their
colleagues. In this respect, this bill would allow volunteers
to be treated in the same manner as employees. Some of those
awards may be nominal cash awards, which are not expected to
exceed $100.
Section 4(c) authorizes the Secretary to establish a Senior
Volunteer Corps, consisting of volunteers over the age of 50.
To assist in the recruitment and retention of volunteers, the
Secretary may provide for additional incidental expenses to
members of the Corps beyond the incidental expenses otherwise
provided to volunteers. Members of the Corps must be subject to
the other provisions applicable to volunteers.
The purpose of this Corps is to expand the Service's
existing volunteer program by encouraging persons over the age
of 50, with the skills, knowledge and time to make long term
commitments, to volunteer with the Refuge System. It also
provides an opportunity for older Americans to explore new and
challenging experiences. In 1993, Congress passed the National
Community Service Trust Act of 1993, which bolstered the
National Senior Service Corps programs. The act stated that
these programs are designed to ``empower older individuals to
contribute to their communities through volunteer service,
enhance the lives of volunteers and those who they serve, and
provide communities with valuable services.'' The Secretary
should explore the potential for coordinating the Senior
Volunteer Corps authorized by these programs.
Section 5. Community Partnership Enhancement
Section 5 amends the Fish and Wildlife Act of 1956 by
adding a new subsection (d) relating to community partnerships.
In addition to individual volunteers, there is a significant
need for a more formalized network of volunteers and other
community groups to provide assistance to the Refuge System. In
order to address this need, last year the Service began the
Friends Initiative through a workshop. This bill provides
authority for organizing and collaborating with partner
organizations nationwide. The bill streamlines the requirements
for establishing community partner organizations. Partner
organizations can provide financial and technical support, and
serve as a liaison between the refuge and the community at
large. For example, they can encourage larger volunteer events,
develop funding sources and promote cost-sharing programs, and
serve as a clearinghouse for information and outreach.
New paragraph (d)(1) defines a partner organization to be
an organization that: draws its memberships from private
individuals, organizations, corporations, academic
institutions, or State or local governments; is established to
promote the understanding of, education relating to, and the
conservation of the resources of a particular refuge or complex
of geographically related refuges; and is described in section
501(c)(3) of the Internal Revenue Code and is tax-exempt. This
definition is intended to be broadly inclusive, inviting
persons to participate in community partnerships. However, the
partner organization must be a tax-exempt entity and must have
an interest in a specific refuge or refuge complex, regardless
of the organization's membership. The partner organization
should serve as a non-profit conduit between the refuge and the
community at large.
New subparagraph (d)(2)(A) authorizes the Secretary to
enter into cooperative agreements with any partner
organization, academic institution, or State or local
government agency to carry out one or more projects or programs
for a refuge or refuge complex. While governmental agencies and
academic institutions may serve as members of partner
organizations, they are also free to enter into cooperative
agreements with the Secretary, independent of those
organizations.
Under subparagraph (d)(2)(B), projects and programs must
comply with the requirements of the National Wildlife Refuge
System Administration Act of 1966 and the other applicable law,
and such terms and conditions as the Secretary deems
appropriate. Projects and programs may promote the stewardship
of resources of the refuge, support the operation and
maintenance of the refuge, increase awareness and understanding
of the refuge and the Refuge System, advance education
concerning the purpose of the refuge and the mission of the
System, or contribute financial resources to the refuge.
Subparagraph (d)(2)(C) allows the Secretary to provide
funds to match non-Federal funds donated under a cooperative
agreement. Federal funds cannot exceed the amount of non-
Federal funds donated for the particular project or program.
Pursuant to subparagraph (d)(2)(D), amounts received by the
Secretary shall be deposited in a separate account, and shall
be made available to the Secretary, without further
appropriations, to pay the costs of incidental expenses related
to volunteer activities and to carry out cooperative agreements
for the refuge.
Section 6. Refuge Education Program Development
Section 6 of the bill creates a new section (7)(e) of the
Fish and Wildlife Act of 1956, relating to refuge education.
New paragraph (e)(1) requires the Secretary, not later than one
year after enactment of the bill, to develop guidance for
refuge education programs to further the mission of the Refuge
System and the purposes of individual refuges. The guidance is
to achieve this by: providing outdoor classroom opportunities
for students on wildlife refuges that combine educational
curricula with the personal experiences of students; promoting
understanding and conservation of resources of the refuges; and
improving scientific literacy in conjunction with both formal
and nonformal education programs.
New paragraph (e)(2) authorizes the Secretary to develop or
enhance refuge education programs based on the guidance, and
taking into account the resources of individual refuges and the
opportunities available for such programs in State, local, and
private schools. These programs may take place during school
hours or as part of after-school activities, and may include
programs for adults. The Secretary should cooperate with State
and local education authorities and may cooperate with partner
organizations.
In 1994, the Service and the National Fish and Wildlife
Foundation initiated a pilot project known as Earth Stewards,
which was a partnership among resource professionals,
neighborhood schools and local communities. Since the the pilot
project was completed in 1996, the Service has continued their
educational outreach efforts. In 1997, more than 730,000
students and teachers took part in at least one environmental
educational activity presented by the Service. The Service,
however, does not have any national guidance for developing and
implementing these programs. S. 2244 requires that guidance be
developed, in order to better coordinate and encourage them.
Hearings
The committee held a hearing on S. 2244 on July 7, 1998.
Testimony on this bill was given by John Rogers, Deputy
Director for the U.S. Fish and Wildlife Service, and Molly
Krival, past president of the Ding Darling Wildlife Society.
Written testimony was received from the National Audubon
Society.
Legislative History
S. 2244 was introduced by Senator Chafee on June 26, 1998,
and referred to the Committee on Environment and Public Works.
A similar bill, H.R. 1856, was introduced by Congressman Saxton
on June 10, 1997, received from the House of Representatives
and referred to this committee on November 5, 1997. The
committee met on July 22, 1998, to consider both bills. S. 2244
was ordered reported by voice vote. Senator Chafee offered a
substitute amendment to H.R. 1856, which was accepted by voice
vote, to make it conform with S. 2244. H.R. 1856 was ordered
reported, as amended, by voice vote.
Regulatory Impact
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes an evaluation
of the regulatory impact of the reported bill. The reported
bill will have no regulatory impact. This bill will not have
any adverse impact on the personal privacy of individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that this bill would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments. All of its governmental
directives are imposed on Federal agencies. The bill does not
directly impose any private sector mandates.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 27, 1998.
Hon. John H. Chafee, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2244, the National
Wildlife Refuge System Volunteer and Partnership Enhancement
Act of 1998.
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), who can be reached at 226-2860, and
Marjorie Miller (for the State and local impact), who can be
reached at 225-3220.
Sincerely,
June E. O'Neill,
Director.
------
Congressional Budget Office Cost Estimate
S. 2244; National Wildlife Refuge System Volunteer and
Partnership Enhancement Act of 1998, as ordered reported by the
Senate Committee on Environment and Public Works on July 22,
1998
Summary
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 2244 would cost $17 million over
the next five years. S. 2244 also would affect direct spending
by allowing the U.S. Fish and Wildlife Service (USFWS) to
collect and spend amounts earned at wildlife refuges by certain
nonfederal organizations. Pay-as-you-go procedures would
therefore apply to the bill, but CBO estimates that any
receipts and spending resulting from this authority would be
less than $500,000 annually. S. 2244 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on State, local, or tribal governments.
Description of the Bill's Major Provisions
S. 2244 would amend the Fish and Wildlife Act of 1956 to
promote community involvement at national wildlife refuges. To
encourage the use of individual volunteers, section 4 would
direct the USFWS to conduct pilot projects under which a full-
time volunteer coordinator would be hired for each of up to 20
refuges nationwide. This section also would authorize the
agency to create a senior volunteer corps composed of
volunteers over the age of 50 and would authorize for the corps
(subject to appropriations under section 7) the payment of
incidental expenses beyond those generally provided for
volunteers such as reimbursements for mileage or fuel.
Section 5 would 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 organizations 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 by the
partner organization) would be deposited in a separate account
in the U.S. Treasury and would be available without
appropriation to carry out cooperative agreements and to pay
volunteer expenses. The agency would be authorized (subject to
appropriation) to match nonfederal funds donated under this
section.
Section 6 would direct the USFWS to create a new refuge
education program to provide outdoor classroom opportunities
for students and to promote understanding and conservation of
fish, wildlife, and other refuge resources.
Finally, S. 2244 would authorize the appropriation of $2
million annually through fiscal year 2002 for the new pilot
projects and $2 million annually through 2004 for paying
incidental volunteer expenses, implementing community
partnership agreements, providing matching funds, and
developing and implementing the new refuge education program.
Estimated Cost to the Federal Government
For purposes of this estimate, CBO assumes that the entire
amounts authorized by S. 2244 will be appropriated for each
fiscal year. Outlay estimates are based on spending patterns
for similar programs. The estimated budgetary impact of S. 2244
is shown in the following table. The costs of this legislation
fall within budget function 300 (natural resources and
environment).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
1998 1999 2000 2001 2002 2003
----------------------------------------------------------------------------------------------------------------
Spending Subject to Appropriation
USFWS Baseline Spending Under Current Law:
Estimated Authorization Level\1\............................ 595 619 641 664 686 711
Estimated Outlays........................................... 578 613 638 662 684 704
Proposed Changes:
Estimated Authorization Level............................... 0 4 4 4 4 2
Estimated Outlays........................................... 0 3 4 4 4 2
USFWS Spending Under S. 2244:
Estimated Authorization Level\1\............................ 595 623 645 668 690 713
Estimated Outlays........................................... 578 616 642 666 688 706
----------------------------------------------------------------------------------------------------------------
\1\ The 1998 level is the amount appropriated for USFWS resource management for that year. The levels shown for
1999 through 2003 are CBO baseline projections assuming increases for anticipated inflation.
Basis of Estimate
The volunteer pilot projects, community partnership
agreements, senior volunteer corps, and refuge education
program 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 incremental cost of the bill would be the same--
but the total estimated authorization level would be $595
million for each year under current law and $599 million for
each year under S. 2244.
Enacting S. 2244 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
offsetting receipts of less than $500,000 annually. Because
these collections would lead to additional spending in the same
amounts, 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 S.
2244 would affect direct spending, CBO estimates that the
amounts involved would be less than $500,000 annually.
Estimated Impact on State, Local, and Tribal Governments
S. 2244 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.
Estimated Impact on the Private Sector
S. 2244 would impose no new private-sector mandates as
defined in UMRA.
Previous CBO Estimate
On October 8, 1997, CBO submitted a cost estimate for H.R.
1856, the National Wildlife Refuge System Volunteer and
Community Partnership Act of 1997, as ordered reported by the
House Committee on Resources on October 1, 1997. The
differences in the estimates reflect the differences in
authorizations. The House version of H.R. 1856 would authorize
about $2 million a year through 2003, while S. 2244 would
authorize $4 million a year for 1999 through 2002, and $2
million a year for 2003 and 2004.
Estimate Prepared by: Federal Costs: Deborah Reis (226-
2860); Impact on State, Local, and Tribal Governments: Marjorie
Miller (225-3220).
Estimate Approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, 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:
United States Code
Title 16--Conservation
Chapter 9--Fish and Wildlife Service
Sec. 741, 742. * * *
* * * * * * *
Sec. 742f. Powers of Secretaries of the Interior and
Commerce.--
(a) Policies, procedures, and recommendations.--The
Secretary of the Interior, with such advice and assistance as
he may require from the Assistant Secretary for Fish and
Wildlife, shall consider and determine the policies and
procedures that are necessary and desirable in carrying out
efficiently and in the public interest the laws relating to
fish and wildlife. The Secretary, with the assistance of the
departmental staff herein authorized, shall--
(1) develop and recommend measures which are
appropriate to assure the maximum sustainable
production of fish and fishery products and to prevent
unnecessary and excessive fluctuations in such
production;
(2) study the economic condition of the industry,
and whenever he determines that any segment of the
domestic fisheries has been seriously disturbed either
by wide fluctuation in the abundance of the resource
supporting it, or by unstable market or fishing
conditions or due to any other factors he shall make
such recommendations to the President and the Congress
as he deems appropriate to aid in stabilizing the
domestic fisheries;
(3) develop and recommend special promotional and
informational activities with a view to stimulating the
consumption of fishery products whenever he determines
that there is a prospective or actual surplus of such
products; and
(4) take such steps as may be required for the
development, advancement, management, conservation, and
protection of fish and wildlife resources including,
but not limited to, research, development of existing
facilities, and acquisition by purchase or exchange of
land and water, or interests therein.
(b) Gifts, devises, or bequests for performance of
activities and services of United States Fish and Wildlife
Service; restrictive or affirmative covenants or conditions of
servitude; separate account in Treasury; disbursement orders;
gifts or bequests to United States for Federal tax purposes.--
(1) In furtherance of the purposes of this Act, the
Secretary of the Interior is authorized to accept any
gifts, devises, or bequests of real and personal
property, or proceeds therefrom, or interests therein,
for the benefit of the United States Fish and Wildlife
Service, in performing its activities and services.
Such acceptance may be subject to the terms of any
restrictive or affirmative covenant, or condition of
servitude, if such terms are deemed by the Secretary to
be in accordance with law and compatible with the
purpose for which acceptance is sought.
[(2) Any]
(2) Use of gifts, devises, and bequests.--
(A) In general.--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.
(B) Gifts, devises, and bequests to
particular refuges.--
(i) Disbursal.--Any gift, devise,
or bequest made for the benefit of a
particular national wildlife refuge or
complex of geographically related
refuges shall be disbursed only for the
benefit of that refuge or complex of
refuges and without further
appropriations.
(ii) Matching.--Subject to the
availability of appropriations and the
requirements of the National Wildlife
Refuge Administration Act of 1966 (16
U.S.C. 668dd et seq.) and other
applicable law, the Secretary may
provide funds to match gifts, devises,
and bequests made for the benefit of a
particular national wildlife refuge or
complex of geographically related
refuges. With respect to each gift,
devise, or bequest, the amount of
Federal funds may not exceed the amount
(or, in the case of property or in-kind
services, the fair market value) of the
gift, devise, or bequest.
(3) For the purpose of Federal income, state, and
gift taxes, property, or proceeds therefrom, or
interests therein, accepted under this subsection shall
be considered as a gift or bequest to the United
States.
(c) Volunteer services; incidental expenses; Federal
employee status; authorization of appropriations.--
(1) The Secretary of the Interior and the Secretary
of Commerce may each recruit, train, and accept,
without regard to the provisions of title 5, the
services of individuals without compensation as
volunteers for, or in aid of programs conducted by
either Secretary through the United States Fish and
Wildlife Service or the National Oceanic and
Atmospheric Administration.
(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 (including nominal cash awards) and
recognition, and subsistence of such volunteers without
regard to their places of residence.
(3) Except as otherwise provided in this
subsection, a volunteer shall not be deemed a Federal
employee and shall not be subject to the provisions of
law relating to Federal employment, including those
relative to hours of work, rates of compensation,
leave, unemployment compensation, and Federal employee
benefits.
(4) For the purpose of the tort claim provisions of
title 28, a volunteer under this subsection shall be
considered a Federal employee.
(5) For the purposes of subchapter I of chapter 81
of title 5, relating to compensation to Federal
employees for work injuries, volunteers under this
subsection shall be deemed employees of the United
States within the meaning of the term ``employees'' as
defined in section 8101 of title 5, and the provisions
of that subchapter shall apply.
[(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.]
(6) Senior volunteer corps.--The Secretary of the
Interior may establish a Senior Volunteer Corps,
consisting of volunteers over the age of 50. To assist
in the recruitment and retention of the volunteers, the
Secretary may provide for additional incidental
expenses to members of the Corps beyond the incidental
expenses otherwise provided to volunteers under this
subsection. The members of the Corps shall be subject
to the other provisions of this subsection.
(d) Community Partnership Enhancement.--
(1) Definition of partner organization.--In this
subsection, the term `partner organization' means an
organization that--
(A) draws its membership from private
individuals, organizations, corporations,
academic institutions, or state or local
governments;
(B) is established to promote the
understanding of, education relating to, and
the conservation of the fish, wildlife, plants,
and cultural and historical resources of a
particular refuge or complex of geographically
related refuges; and
(C) is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and is exempt
from taxation under section 501(a) of that
Code.
(2) Cooperative agreements.--
(A) In general.--The Secretary of the
Interior may enter into a cooperative agreement
(within the meaning of chapter 63 of title 31,
United States Code) with any partner
organization, academic institution, or State or
local government agency to carry out 1 or more
projects or programs for a refuge or complex of
geographically related refuges in accordance
with this subsection.
(B) Projects and programs.--Subject to the
requirements of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C.
668dd et seq.) and other applicable law, and
such terms and conditions as the Secretary
determines to be appropriate, the Secretary may
approve projects and programs for a refuge or
complex of geographically related refuges
that--
(i) promote the stewardship of
resources of the refuge through habitat
maintenance, restoration, and
improvement, biological monitoring, or
research;
(ii) support the operation and
maintenance of the refuge through
constructing, operating, maintaining,
or improving the facilities and
services of the refuge;
(iii) increase awareness and
understanding of the refuge and the
National Wildlife Refuge System through
the development, publication, or
distribution of educational materials
and products;
(iv) advance education concerning
the purposes of the refuge and the
mission of the System through the use
of the refuge as an outdoor classroom
and development of other educational
programs; or
(v) contribute financial resources
to the refuge, under terms that require
that the net revenues be used
exclusively for the benefit of the
refuge, through donation of net
revenues from the sale of educational
materials and products and through
encouragement of gifts, devises, and
bequests.
(C) Federal funding and ownership.--
(i) Matching.--Subject to the
availability of appropriations and the
requirements of the National Wildlife
Refuge Administration Act of 1966 (16
U.S.C. 668dd et seq.) and other
applicable law, the Secretary may
provide funds to match non-Federal
funds donated under a cooperative
agreement under this paragraph. With
respect to each project or program, the
amount of funds provided by the
Secretary may not exceed the amount of
the non-Federal funds donated through
the project or program.
(ii) Use of federal funds.--Any
Federal funds used to fund a project or
program under a cooperative agreement
may be used only for expenses directly
related to the project or program and
may not be used for operation or
administration of any non-Federal
entity.
(iii) Ownership of facilities.--Any
new facility, improvement to an
existing facility, or other permanent
improvement to a refuge constructed
under this subsection shall be the
property of the United States
Government.
(D) Treasury account.--Amounts received by
the Secretary of the Interior as a result of
projects and programs under subparagraph (B)
shall be deposited in a separate account in the
Treasury. Amounts in the account that are
attributable to activities at a particular
refuge or complex of geographically related
refuges shall be available to the Secretary of
the Interior, without further appropriation, to
pay the costs of incidental expenses related to
volunteer activities, and to carry out
cooperative agreements for the refuge or
complex of refuges.
(e) Refuge Education Program Enhancement.--
(1) Guidance.--Not later than 1 year after the date
of enactment of this subsection, the Secretary of the
Interior shall develop guidance for refuge education
programs to further the mission of the National
Wildlife Refuge System and the purposes of individual
refuges through--
(A) providing outdoor classroom
opportunities for students on national wildlife
refuges that combine educational curricula with
the personal experiences of students relating
to fish, wildlife, and plants and their habitat
and to the cultural and historical resources of
the refuges;
(B) promoting understanding and
conservation of fish, wildlife, and plants and
cultural and historical resources of the
refuges; and
(C) improving scientific literacy in
conjunction with both formal and nonformal
education programs.
(2) Refuge programs.--Based on the guidance
developed under paragraph (1), the Secretary of the
Interior may develop or enhance refuge education
programs as appropriate, based on the resources of
individual refuges and the opportunities available for
such programs in State, local, and private schools. In
developing and implementing each program, the Secretary
should cooperate with State and local education
authorities, and may cooperate with partner
organizations in accordance with subsection (d).
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out subsections (b), (c), (d), and (e) $2,000,000 for each of
fiscal years 1999 through 2004.