[Senate Report 106-370]
[From the U.S. Government Publishing Office]
Calendar No. 747
106th Congress Report
SENATE
2d Session 106-370
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NATIONAL WILDLIFE REFUGE SYSTEM CENTENNIAL COMMEMORATION ACT OF 2000
_______
August 25, 2000.--Ordered to be printed
Filed, under authority of the order of the Senate of July 26, 2000
_______
Mr. Smith of New Hampshire, from the Committee on Environment and
Public Works, submitted the following
R E P O R T
[to accompany S. 2878]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred (S. 2878) a bill to commemorate the centennial of the
establishment of the first national wildlife refuge in the
United States on March 14, 1903, and for other purposes, having
considered the same, reports favorably thereon and recommends
that the bill do pass.
Background
On March 14, 1903, by Executive Order, President Theodore
Roosevelt established the first national wildlife refuge on
Pelican Island. Pelican Island is a small island in Florida's
Indian River, and the refuge was established specifically to
protect the brown pelican. At the turn of the century, brown
pelicans were being hunted for their feathers for hats and
quills, causing a significant decline in the population.
Today, the National Wildlife Refuge System (Refuge System)
has evolved into the most comprehensive system of lands devoted
to wildlife protection and management in the world. Currently,
there are 526 refuges in the United States and its territories,
providing important habitat for 700 bird species, 220 mammal
species, 250 species of amphibians and reptiles, and over 200
fish species. The refuges range in size from less than one acre
at the Mille Lac National Wildlife Refuge in Minnesota, to 19.2
million in the Arctic National Wildlife Refuge in Alaska. Each
year, the Refuge System attracts more than 34 million visitors
who participate in a variety of recreational activities
including observing and photographing wildlife, fishing,
hunting and taking part in system-sponsored educational
programs.
The operation and management of the Refuge System is
governed by numerous laws, treaties and executive orders
pertaining to the conservation and protection of natural and
cultural resources. The most important orders and laws
affecting the Refuge System are the Fish and Wildlife Act of
1956, the Refuge Recreation Act of 1962, the National Wildlife
Refuge System Administration Act of 1966, the Endangered
Species Act of 1973, and the National Wildlife Refuge System
Improvement Act of 1997. The management of individual refuges
is determined by the legislation, executive order or
legislative action that creates the refuge.
Objectives of Legislation
This legislation authorizes several actions that will
enhance and promote the National Wildlife Refuge System for
years to come, and honor its centennial anniversary.
S. 2878 establishes a Commission through the year 2004 to
develop a plan on how to celebrate the Refuge System's 100th
anniversary in 2003. The Commission is composed of the
Secretary of the Interior, the Director of the United States
Fish and Wildlife Service, the Executive Director of the
National Fish and Wildlife Foundation, and up to ten members
recommended by the Secretary of the Interior (Secretary) and
appointed by the President, who have a knowledge in wildlife
issues and broadly represent beneficiaries of the refuge
system. In addition, it is the Commission's responsibility to
recommend to the Secretary a plan to address priority
operations, maintenance and construction needs of the Refuge
System. The Commission is also tasked with making
recommendations to the Secretary on how to enhance and improve
natural resources in the Refuge System, and expand compatible
activities available to the public.
The Refuge System currently has an operation and
maintenance backlog of approximately $779 million. In order to
remedy this problem, S. 2878 requires the Secretary to develop
a long-term plan to address the operation and maintenance
backlog. To further improve refuge operation, the Secretary is
also required to identify the long-term staffing and
operational needs of the Refuge System.
In addition, S. 2878 names 2003 the ``Year of the Wildlife
Refuge,'' and authorizes appropriations of $100,000 for fiscal
year 2001 and $250,000 for fiscal years 2002 through 2004.
Section-By-Section Analysis
Section 1. Short Title
Section 1 designates the bill as the ``National Wildlife
Refuge System Centennial Commemoration Act of 2000''.
Sec. 2. Findings
Section 2 acknowledges that the first National Wildlife
Refuge was established by President Theodore Roosevelt on March
14, 1903, on Pelican Island, Florida. By establishing this
refuge, President Roosevelt began a new conservation legacy for
America. Today, the Refuge System consists of more than
93,000,000 acres. The refuge system is the only Federal land
dedicated singularly to wildlife conservation, with wildlife-
dependent recreation and environmental education as priority
public uses. Each year millions of Americans visit the Refuge
System and develop more of an appreciation for America's
wildlife heritage. To ensure that future generations of
Americans have the ability to enjoy the Refuge System, the Fish
and Wildlife Service has prioritized and made an effort to
control the backlog of unmet critical operations and
maintenance needs.
Sec. 3. Definitions
Section 3(1) defines ``Commission'' as the National
Wildlife Refuge System Centennial Commission established by
Section 4 of this bill.
Section 3(2) defines ``System'' as the National Wildlife
Refuge System established by the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et seq.).
Sec. 4. Establishment of Commission
Section 4(a) establishes a Commission that is to be known
as the ``National Wildlife Refuge System Centennial
Commission''.
Section 4(b) requires the Commission to include the
Secretary of the Interior, the Director of the Fish and
Wildlife Service, the Executive Director of the National Fish
and Wildlife Foundation, and up to ten members recommended by
the Secretary of the Interior and appointed by the President
who have a knowledge in wildlife issues and broadly represent
beneficiaries of the refuge system. The Chairmen and Ranking
Minority Members of the Committee on Environment and Public
Works and the House Committee on Resources serve as nonvoting
members.
Sections 4(c), 4(d), and 4(e) set out the term of office,
the impact of vacancies on the Commission, when the first
meeting shall be held and the method for calling future
meetings. These provisions will allow the Commission to operate
effectively.
Section 4(f) names the Secretary of the Interior as the
Chairperson of the Commission.
Sec. 5. Duties
Section 5(a) requires that the Commission: develop and
carry out a plan to commemorate the centennial anniversary of
the Refuge System on March 14, 2003; provide a place and assist
in organizing any necessary conferences; make recommendations
to the Secretary concerning the long-term plan for the System
required under Section 9; and make recommendations to the
Secretary concerning actions that can be taken to enhance
natural resources stewardship and expand compatible public
enjoyment of the System.
Section 5(b) requires the Commission to submit a report to
Congress of its plans and activities a year after its first
meeting and every year thereafter. The final report has to be
submitted no later than December 31, 2004, and include an
accounting of all funds received and expended by the
Commission.
Sec. 6. Powers
Section 6(a) authorizes the Commission to hold meetings and
receive testimony as is necessary to carry out the purposes of
this Act.
Sections 6(b), 6(c), and 6(d) allow the Commission to
receive information from any Federal Agency; require the
Secretary of the Interior, acting through the Director of the
Fish and Wildlife Service, to provide financial and
administrative services, and use allow the Commission to use
the U.S. mail system similar to other Federal agencies.
Section 6(e) authorizes the Commission to accept, use and
dispose of gifts or donations of services or property to carry
out this Act. The National Fish and Wildlife Foundation, as the
official foundation of the Service, is required to administer
any financial gifts the Commission receives in accordance with
its rules and procedures.
Section 6(f) reaffirms that all Federal laws and
regulations regarding working conditions, wage rates and civil
rights apply to the Commission.
Sec. 7. Commission Personnel Matters
Section 7(a) requires that members of the Commission
volunteer their services.
Section 7(b) names the Chief of the National Wildlife
Refuge System of the Fish and Wildlife Service as the Executive
Director of the Commission. The Chair of the Commission can
employ and terminate personnel as is necessary to effectively
run the Commission. The Chairperson of the Commission is
authorized to compensate personnel at a salary not to exceed
the rate payable for level V of the Executive Schedule under
section 5316 of title 5 of the United States Code.
Section 7(c) allows the Executive Director and the members
of the Commission to receive allowable travel expenses and a
per diem when they are away from home and performing Commission
duties.
Sec. 8. Termination of Commission
Section 8(a) terminates the Commission 90 days after it
submits the final report to Congress, which is due no later
than December 31, 2004.
Section 8(b) requires the Executive Director to deposit
Commission property such as manuscripts and books in a Federal,
State or local library or museum after consulting with the
Archivist of the United States and the Secretary of the
Smithsonian Institution. Any other property acquired by the
Commission may be used by the Fish and Wildlife Service or
disposed of as excess or surplus property.
Sec. 9. Long-Term Plan for System
After taking into consideration the recommendations of the
Commission, the Secretary is required to develop a long-term
plan that will determine the priority staffing and operational
needs of the System, the priority maintenance and construction
needs, and an analysis of the transition costs of acquiring new
refuge lands.
Sec. 10. Designation of Year of the Wildlife Refuge
Section 10(a) designates 2003 as the ``Year of the Wildlife
Refuge''.
Section 10(b) requests that the President issue a
proclamation asking the American people to celebrate the Year
of the Wildlife Refuge with appropriate ceremonies and
programs.
Sec. 11. Authorization of Appropriations
There is authorized appropriations of $100,000 in fiscal
year 2001 and $250,000 for fiscal years 2002 through 2004 to
carry out the activities of the Commission.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
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 S. 2878 would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments. All of the bill's directives are
imposed on Federal agencies. S. 2878 does not directly impose
any private sector mandates.
Legislative History
On July 17, 2000, Senator Bob Smith of New Hampshire
introduced S. 2878, a bill to commemorate the centennial of the
establishment of the first national wildlife refuge in the
United States on March 14, 1903. No hearings were held on this
bill. On Wednesday, July 26, 2000, the Committee on Environment
and Public Works held a business meeting to consider this bill.
S. 2878 was favorably reported by the committee by voice vote.
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, August 22, 2000.
Hon. Robert C. Smith, 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. 2878, the National Wildlife
Refuge System Centennial Commemoration Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deb Reis, who
can be reached at 226-2860.
Sincerely,
Dan L. Crippen.
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Congressional Budget Office Cost Estimate
S. 2878, National Wildlife Refuge System Centennial
Commemoration Act of 2000, as ordered reported by the Senate
Committee on Environment and Public Works an July 26, 2000
S. 2878 would establish the National Wildlife Refuge System
Centennial Commission to prepare and implement a plan to
commemorate the 100th anniversary of the National Wildlife
Refuge System in 2003. The commission also would provide
services for a conference on the refuge system and assist with
conference activities. This commission's members would include
the Secretary of the Interior, the director of the U.S. Fish
and Wildlife Service (USFWS), specified Members of Congress,
and others. They would receive travel expenses but no
compensation for serving on the commission. The commission
would be allowed to accept and use donations of money,
property, or services. In addition, section 9 of the bill would
require the Secretary of the Interior to prepare a long-term
plan for priority operations, maintenance, and construction
needs of the refuge system Finally, section 11 would authorize
the appropriation of $0.1 million for fiscal year 2001 and
$0.25 nonillion for each of fiscal years 2002 through 2004 for
activities of the commission.
Assuming appropriation of the authorized amounts, and based
on information provided by the USFWS, CBO estimates, however,
that implementing S. 2878 would cost about $0.9 million over
the next 4 years Most of this amount would be spent on
activities of the National Wildlife Refuge System Centennial
Commission. Costs to prepare the study of priority needs
required by section 11 are not expected to be significant.
Because S. 2878 would authorize the new commission to
accept and spend donations, pay-as-you-go procedures would
apply. CBO estimates, however, that any new governmental
receipts and resulting direct spending would be insignificant
and largely offsetting. The bill contains no intergovernmental
or private-sector mandates as defined in the Unfunded Mandates
Reform Act and would have no significant impact on the budgets
of State, local, or tribal governments.
On July 6, 2000, CBO submitted a cost estimate for H.R.
4442, the National Wildlife Refuge System Centennial Act, as
ordered reported by the House Committee on Resources on June
29, 2000. The two bills are very similar, and the costs are
identical.
The CBO staff contact for this estimate is Deborah Reis,
who can be reached at 226-2860. This estimate was approved by
Peter H. Fontaine, Deputy Assistant Director for Budget
Analysis.
Changes in Existing Law
Section 12 of rule XXVI of the Standing Rules of the
Senate, provides that reports to the Senate should show changes
in existing law made by the bill as reported. Passage of this
bill will make no changes to existing law.