[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.
                              ----------                              


               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.
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