[Senate Report 108-315]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 673
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-315

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



 
             NATIONAL WILDLIFE REFUGE VOLUNTEER ACT OF 2004

                                _______
                                

                August 25, 2004.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 22, 2004

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        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 Environment and Public Works, to which was 
referred a bill (H.R. 2408) to amend the Fish and Wildlife Act 
of 1956 to reauthorize volunteer programs and community 
partnerships for national wildlife refuges, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                    General Statement and Background

    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.
    The U.S. 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 program began receiving 
congressionally appropriated funds in 1991.
    Volunteers play a vital and growing role in the operation 
of many units within the Refuge System, assisting in education, 
habitat management, maintenance, research and public use. From 
the inception of the program, the number of volunteers has 
increased from 4,251 to 44,000 volunteers. The hours of service 
have grown from 128,000 to 1.5 million hours of service. The 
volunteers contribute time equal to that of 721 full-time 
employees.
    In addition to accepting the services of individual 
volunteers, the U.S. Fish and Wildlife Service has developed 
formal relationships with a number of conservation and service 
organizations. In 1997, the U.S. Fish and Wildlife 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, 
organizing 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.
    The 1998 legislation 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.
    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.

                     Objectives of the Legislation

    H.R. 2408 authorizes the appropriation of $2 million a year 
for each of fiscal years 2004 through 2009 for volunteer 
programs and community partnerships administered by the U.S. 
Fish and Wildlife Service. Under these programs, the U.S. Fish 
and Wildlife Service executes cooperative agreements with 
organizations to benefit wildlife refuges and also coordinates 
volunteer programs at these refuges.
    H.R. 2408 is necessary to continue to provide legal 
authority for refuge managers to enter into agreements with 
community partners and coordinate volunteer activities to 
service the needs of the Refuge System. This legislation also 
expands the authority for the Secretary of the Interior to hire 
volunteer coordinators beyond just the pilot projects 
originally authorized.

                      Section-by-Section Analysis

Section 1. Short Title
    This section provides that this Act may be cited as the 
``National Wildlife Refuge Volunteer Act of 2004''.

Sec. 2. Reauthorization Of Volunteer Programs and Community 
        Partnerships Under Fish and Wildlife Act of 1956
    This section amends section 7(f) of the Fish and Wildlife 
Act of 1956 to authorize $2 million in appropriated funding for 
each of fiscal years 2004 through 2009 for volunteer programs 
and community partnerships for national wildlife refuges.

Sec. 3. Authorization Of Projects Under National Wildlife Refuge System 
        Volunteer And Community Partnership Enhancement Act of 1998
    This section amends section 4(a) of the National Wildlife 
Refuge System Volunteer and Community Partnership Enhancement 
Act of 1998 and replaces ``pilot project'' with ``project'' for 
the Secretary of the Interior's requirement to carry out a 
project at two or more national wildlife refuges or complexes 
of geographically related refuges in each U.S. Fish and 
Wildlife Service region. This section removes the cap on the 
number of projects. This section also requires the Secretary, 
after the enactment of this Act and every 3 years thereafter, 
to evaluate and make recommendations regarding the projects.

Sec. 4. Clarification Of Cooperative Agreement Authority
    This section amends section 7(d)2(A) of the Fish and 
Wildlife Act of 1956 to authorize the Secretary to 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 the Act and in 
compliance with the policies of other relevant authorities, 
regulations, and policy guidance.

                          Legislative History

    On June 10, 2003, Representative Jim Saxton (R-NJ) 
introduced H.R. 2408. The bill was referred to the House 
Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
June 26, 2003, the House Subcommittee held a hearing on the 
bill. On July 17, 2003, the House Subcommittee considered 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 
3 years rather than annually. It was adopted by voice vote. The 
bill, as amended, was then forwarded to the House full 
committee. On October 29, 2003, the House Committee on 
Resources considered 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 ordered favorably reported to the 
House of Representatives by unanimous consent.
    On March 23, 2004, H.R. 2408 passed the U.S. House of 
Representatives. The bill was referred to the Senate Committee 
on Environment and Public Works on March 24, 2004. A full 
committee business meeting was held on June 23, 2004, and the 
committee ordered H.R. 2408 to be reported to the Senate by 
voice vote without amendments.

                                Hearings

    There were no hearings held in the Senate on H.R. 2408 
during the 108th Congress.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider H.R. 2408 on June 23, 2004. The Committee voted 
favorably to report H.R. 2408 by voice vote without amendments.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill does not create any additional regulatory burdens, 
nor will it cause 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 H.R. 2408 would 
not impose Federal intergovernmental unfunded mandates on 
State, local, or tribal governments.

                          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:
                              ----------                              


               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

H.R. 2408 National Wildlife Refuge Volunteer Act of 2004, as ordered 
        reported by the Senate Committee on Environment and Public 
        Works on June 23, 2004
    H.R. 2408 would authorize the appropriation of $4 million a 
year over the 2004-2009 period for certain partnership and 
volunteer programs administered by the U.S. 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.
    For this estimate, CBO assumes that H.R. 2408 will be 
enacted near the start of fiscal year 2005, and that authorized 
amounts will be provided starting in that year. Assuming 
appropriation of the authorized amounts, CBO estimates that 
implementing H.R. 2408 would cost about $4 million in 2005 and 
$20 million over the 2005-2008 period as summarized in the 
following table. The act would not affect direct spending or 
revenues.


------------------------------------------------------------------------
                                   2005    2006    2007    2008    2009
------------------------------------------------------------------------
 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.
    On November 17, 2003, CBO transmitted a cost estimate for 
H.R. 2408 as ordered reported by the House Committee on 
Resources on October 29, 2003. Differences in our estimates 
reflect a change in when we assume H.R. 2408 will be enacted.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
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:

           *       *       *       *       *       *       *

                              ----------                              


                     [16 U.S.C. 742A--AUG. 8, 1956]

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.

           *       *       *       *       *       *       *

                              ----------                              


                      [P.L. 105-242--OCT. 5, 1998]

  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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