[House Report 108-385]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-385

======================================================================



 
             NATIONAL WILDLIFE REFUGE VOLUNTEER ACT OF 2003

                                _______
                                

 November 20, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 2408]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2408) to amend the Fish and Wildlife Act of 1956 to 
reauthorize volunteer programs and community partnerships for 
national wildlife refuges, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Wildlife Refuge Volunteer Act 
of 2003''.

SEC. 2. REAUTHORIZATION OF VOLUNTEER PROGRAMS AND COMMUNITY 
                    PARTNERSHIPS UNDER FISH AND WILDLIFE ACT OF 1956.

  Section 7(f) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(f)) 
is amended to read as follows:
  ``(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 2004 through 
2009.''.

SEC. 3. AUTHORIZATION OF PROJECTS UNDER NATIONAL WILDLIFE REFUGE SYSTEM 
                    VOLUNTEER AND COMMUNITY PARTNERSHIP ENHANCEMENT ACT 
                    OF 1998.

  Section 4(a) of the National Wildlife Refuge System Volunteer and 
Community Partnership Enhancement Act of 1998 (16 U.S.C. 742f note) is 
amended--
          (1) in the heading by striking ``Pilot'';
          (2) by striking ``pilot project'' each place it appears and 
        inserting ``project'';
          (3) in paragraph (1) by striking ``, but not more than 20 
        pilot projects nationwide'';
          (4) in paragraph (3)--
                  (A) by striking ``pilot projects'' and inserting 
                ``projects''; and
                  (B) by striking ``after the date of the enactment of 
                this Act'' and inserting ``after the date of the 
                enactment of the National Wildlife Refuge Volunteer Act 
                of 2003, and every 3 years thereafter''; and
          (5) in paragraph (4) by striking ``each of fiscal years 1999 
        through 2002'' and inserting ``for each fiscal year through 
        fiscal year 2009''.

SEC. 4. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY.

  Section 7(d)(2)(A) of the Fish and Wildlife Act of 1956 (16 U.S.C. 
742f(d)(2)(A)) is amended to read as follows:
                  ``(A) In general.--Notwithstanding chapter 63 of 
                title 31, United States Code, the Secretary of the 
                Interior may negotiate and enter into a cooperative 
                agreement with a partner organization, academic 
                institution, State or local government agency, or other 
                person to implement one or more projects or programs 
                for a refuge or complex of geographically related 
                refuges in accordance with the purposes of this 
                subsection and in compliance with the policies of other 
                relevant authorities, regulations, and policy 
                guidance.''.

  Amend the title so as to read:

      A bill to amend the Fish and Wildlife Act of 1956 to 
reauthorize volunteer programs and community partnerships for 
national wildlife refuges, and for other purposes.

                          Purpose of the Bill

    The purpose of H.R. 2408 is to amend the Fish and Wildlife 
Act of 1956 to reauthorize volunteer programs and community 
partnerships for national wildlife refuges, 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, contains 94 million 
acres of federal lands dedicated to the conservation of fish 
and wildlife. The Refuge System contains 542 refuges located 
throughout the United States, ranging in size from the 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 and it is particularly important to migratory bird 
conservation as many refuges are concentrated along the major 
North American flyways.
    President 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 hat industry. In the succeeding 100 years, new refuges have 
been created by legislation, reservation from the public 
domain, land transfers from other federal agencies, purchase of 
privately owned lands and land donations. Refuge land 
acquisition is funded by appropriations from the Land and Water 
Conservation Fund (which receives money from fuel taxes and oil 
leases), and the Migratory Bird Conservation Fund (which 
receives revenues from the sale of duck stamps, import duties 
on firearms and ammunition and refuge entrance fees).
    The statutory mission of the National Wildlife 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.'' Recreational and 
other uses of System lands are permitted if those uses are 
compatible with the mission of the System and the purposes for 
which the refuge was established. Thirty-eight million people 
visited National Wildlife Refuges last year.
    In Fiscal Year 2003, the deferred maintenance backlog in 
the National Wildlife Refuge System Maintenance Management 
System (MMS) database includes 5,086 projects. Completion of 
these projects is estimated to cost $645 million. In addition 
to the deferred maintenance backlog, the MMS database also 
includes the backlog of all construction projects valued at 
more than $500,000, or, in the case of existing facilities, 
more than 10 percent of the cost of the facility needing 
expansion, renovation or repair. The database currently 
includes 493 construction projects valued at $797 million. 
Critical Refuge Operating Needs System needs are estimated at 
$335 million. The total replacement value of assets within the 
National Wildlife Refuge System is $7 billion.

Volunteers in the Refuge System

    Informal and organized volunteer activities are a 
significant part of the American national identity. Since the 
founding of this country, Americans have willingly participated 
in a wide variety of public service organizations and donated 
their time to work for churches, charities and the public good. 
For as long as the Refuge System has existed, volunteers have 
helped to operate it. For instance, members of the National 
Audubon Society staffed the first refuge at Pelican Island as 
volunteer wardens.
    The Fish and Wildlife Service has maintained a volunteer 
program since 1982 and has utilized volunteers throughout the 
Refuge System, federal fish hatcheries and other field and 
administrative offices. The Refuge System has witnessed a surge 
in the number of people volunteering to assist our Refuges in 
education, habitat management, maintenance, research and public 
use. Specifically, volunteers conduct fish and wildlife 
population surveys; lead tours and provide interpretative 
information to visitors; assist in laboratory research; and 
participate in projects like bird banding and photographing a 
variety of natural and cultural resources. According to the 
Fish and Wildlife Service, volunteers are ``working side-by-
side with Service employees, volunteers help protect, conserve 
and restore our nation's fish, wildlife, plants and habitat.''
    From the inception of the program, the number of volunteers 
has increased from 4,251 volunteers to 36,000 individuals (in 
2002) and volunteers play a vital and growing role in the 
operation of many units within the System. The hours of service 
have also grown from 128,440 hours to 1.3 million hours in 
Fiscal year 2002, which is equivalent to twenty percent of all 
staff work done in the National Wildlife Refuge System. The 
value of this work has been calculated at $12.4 million 
dollars.
    In addition to accepting the services of individual 
volunteers, the Fish and Wildlife Service has over the years 
developed formal relationships with a number of conservation 
and service organizations. These have included: the Audubon 
Society, the Boys Scouts of America, the Chamber of Commerce, 
Ducks Unlimited, the Girls Scouts of America, the National 
Rifle Association and various local sportsmen's clubs. In 1997, 
the Service established a new program called the ``Friends 
Initiative'' which is designed to provide local communities and 
volunteer groups with information and training on fund-raising, 
organization and recruiting. There are now 225 ``Friends of the 
Refuge'' organizations throughout the United States.
    Section 7 of the Fish and Wildlife Act of 1956 authorizes 
Refuge volunteer programs. This section of the Fish and 
Wildlife Act of 1956 was adopted in the 1978 amendments to the 
Act. This authority was expanded subsequently by the National 
Wildlife Refuge System Volunteer and Community Partnership 
Enhancement Act of 1998. Section 7 authorizes the Secretary of 
the Interior to:
          Recruit, train and accept the services of individuals 
        as volunteers for any program conducted by the agency;
          Provide volunteers with food, housing, transportation 
        and uniforms;
          Provide matching funds for gifts or bequests to 
        refuges;
          Establish a Senior Volunteer Corps;
          Enter into cooperative agreements with partner 
        organizations, academic institutions or State of local 
        governments to carry out resource stewardship, 
        operation and maintenance and educational projects;
          Develop Refuge education guidelines and refuge 
        enhancement education programs;
          Deem volunteers government employees for the purposes 
        of tort claim liability and compensation for job-
        related injuries and
          Require that gifts for specific Refuges to be used on 
        site.
    The 1998 legislation also directed the Secretary of the 
Interior to establish two or more pilot projects to provide 
employment for a full time volunteer coordinator who would be 
responsible for recruiting, training and supervising 
volunteers, and authorized $2 million for each Fiscal Year from 
1999 through 2002 to carry out these projects. These pilot 
volunteer coordinators have been viewed as beneficial to the 
Refuges which employed them and interest in expanding the 
authority beyond pilot projects was indicated. Testimony at the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans 
hearing on June 26, 2003, confirmed that the idea of expanding 
the program should be considered by Congress.
    In addition, the 1998 amendments added a new provision to 
enhance community partnership with the Refuges. This new 
provision allowed the Secretary to enter into cooperative 
agreements with a partner organization, academic institution, 
or any State or local government to carry out projects with 
geographically related Refuges. Such projects could include 
promoting the stewardship of resources within the Refuge 
through habitat maintenance or restoration. Projects could also 
include education on the missions of the Refuge, or projects to 
construct or improve facilities on the Refuge. Finally, the 
1998 amendments created a new Refuge Education Program 
Enhancement program to provide guidance for educational 
programs at individual refuges.
    In light of this expanded authority, the Committee hopes 
that the Fish and Wildlife Service will examine the usefulness 
of additional volunteer coordinator positions and will pay 
particular attention to a regional distribution to those 
refuges with significant volunteer programs. In particular, the 
Committee would call attention to the Guam National Wildlife 
Refuge as a potential candidate for a volunteer coordinator 
position.
    H.R. 2408, ordered reported by the Committee on Resources, 
expands the authority for the Secretary of the Interior to hire 
volunteer coordinators beyond just the pilot projects 
originally authorized.

                            Committee Action

    H.R. 2408 was introduced on June 10, 2003, 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 26, 2003, 
the Subcommittee held a hearing on the bill. On July 17, 2003, 
the Subcommittee met to mark up the bill. Chairman Wayne T. 
Gilchrest (R-MD) offered an amendment in the nature of a 
substitute to expand the authority of the Secretary to hire 
full-time volunteer coordinators at more Refuges. In addition, 
the amendment would change the audit requirement to require 
audits for ``Friends'' groups once every three years rather 
than annually. It was adopted by voice vote. The bill, as 
amended, was then forwarded to the Full Committee. On October 
29, 2003, the Full Resources Committee met to consider the 
bill. Mr. Gilchrest offered an amendment to clarify that 
Congress intended to give the Secretary the flexibility to 
enter into cooperative agreements with partner organizations 
(like the ``Friends'' groups that exist at many Refuges), 
academic institutions, or State or local agencies. The 
amendment was adopted by unanimous consent. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII 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 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance with House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to amend the 
Fish and Wildlife Act of 1956 to reauthorize volunteer programs 
and community partnerships for national wildlife refuges, and 
for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 17, 2003.
Hon. Richard W. Pombo,
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. 2408, the National 
Wildlife Refuge Volunteer Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Melissa E. 
Zimmerman.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 2408--National Wildlife Refuge Volunteer Act of 2003

    H.R. 2408 would authorize the appropriation of $24 million 
over the 2004-2009 period for certain partnership and volunteer 
programs administered by the United States Fish and Wildlife 
Service (USFWS). Under these programs, the USFWS executes 
cooperative agreements with organizations such as nonprofit 
groups, academic institutions, and state or local agencies to 
benefit wildlife refuges and also coordinates volunteer 
programs at these refuges. Assuming appropriation of the 
authorized amounts, CBO estimates that implementing H.R. 2408 
would cost about $4 million in 2004 and $20 million over the 
2004-2008 period as summarized in the following table. (There 
would be an additional $4 million in spending for 2009.)

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2004     2005     2006     2007     2008
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level................................................        4        4        4        4        4
Estimated Outlays..................................................        4        4        4        4        4
----------------------------------------------------------------------------------------------------------------

    H.R. 2408 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Melissa E. 
Zimmerman. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) 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) * * *

           *       *       *       *       *       *       *

  (d) Community Partnership Enhancement.--
          (1) * * *
          (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.]
                  (A) In general.--Notwithstanding chapter 63 
                of title 31, United States Code, the Secretary 
                of the Interior may negotiate and enter into a 
                cooperative agreement with a partner 
                organization, academic institution, State or 
                local government agency, or other person to 
                implement one or more projects or programs for 
                a refuge or complex of geographically related 
                refuges in accordance with the purposes of this 
                subsection and in compliance with the policies 
                of other relevant authorities, regulations, and 
                policy guidance.

           *       *       *       *       *       *       *

  [(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.]
  (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 2004 through 2009.
                              ----------                              


    SECTION 4 OF THE NATIONAL WILDLIFE REFUGE SYSTEM VOLUNTEER AND 
             COMMUNITY PARTNERSHIP ENHANCEMENT ACT OF 1998

SEC. 4. VOLUNTEER ENHANCEMENT.

  (a) [Pilot] Projects.--
          (1) In general.--Subject to the availability of 
        appropriations, the Secretary of the Interior shall 
        carry out a [pilot] project at 2 or more national 
        wildlife refuges or complexes of geographically related 
        refuges in each United States Fish and Wildlife Service 
        region[, but not more than 20 pilot projects 
        nationwide].

           *       *       *       *       *       *       *

          (3) Report.--Not later than 3 years [after the date 
        of enactment of this Act] after the date of the 
        enactment of the National Wildlife Refuge Volunteer Act 
        of 2003, and every 3 years thereafter, the Secretary of 
        the Interior shall submit a report to the Committee on 
        Resources of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate 
        evaluating and making recommendations regarding the 
        [pilot] projects.
          (4) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $2,000,000 for [each of fiscal years 1999 
        through 2002] for each fiscal year through fiscal year 
        2009.

           *       *       *       *       *       *       *


                                
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